The following specific requirements apply to each of the following principal and accessory uses in all zoning districts where each principal or accessory use is otherwise permitted by right or as a special use.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

Class A homes. All site built and class A single-family detached (1,250 square foot minimum) and all two-family dwellings (980 square foot minimum each unit) shall meet or exceed the following requirements:

(1)

Foundation.

a.

The structure shall be attached to a permanent foundation constructed in accordance with the building code or state regulations, as applicable.

b.

Upon placement, all means of transportation, such as towing devices, wheels, axles, and hitches, shall have been removed.

c.

The area beneath the ground floor of the structure shall be enclosed around the exterior of the structure with a foundation wall or a curtain wall constructed of masonry at least four inches thick, penetrated by openings only for installed vents and access doors.

(2)

Exterior siding. Exterior siding materials shall consist of any combination of wood, brick, stone, stucco, or similar materials, or lap siding of hardboard, vinyl, vinyl covered or painted metal, or similar materials.

(3)

Roofs.

a.

All roof surfaces shall have a minimum pitch of four to 12 inches (four inches of rise for every 12 inches run), except that mansard and gambrel roofs must meet this requirement only for those surfaces that rise from the eaves.

b.

All roof surfaces exposed to view shall be covered with asphalt or fiberglass shingles, wood shakes or shingles, standing seam (noncorrugated) tin, clay tiles, slate, or similar materials.

c.

Minimum roof overhang shall be 12 inches, including gutters.

(4)

Minimum width. The minimum width of the dwelling shall be greater than 16 feet.

(5)

Compliance with codes. The dwelling shall be constructed in accordance with all applicable requirements of the building code as adopted by the city, or in accordance with standards established by the National Manufactured Housing Construction and Safety Standards Act for manufactured homes, or in accordance with state law and regulations for industrialized buildings, whichever apply.

(b)

Class B homes. All site built and class B dwellings shall meet or exceed the following requirements:

(1)

Class B manufactured homes. The minimum width of the manufactured home shall be 14 feet. All roof surfaces shall have a minimum pitch of two to 12 inches (two inches of rise for every 12 inches of run), except that mansard and gambrel roofs must meet this requirement only for those surfaces that rise from the eaves. Manufactured homes are required to remove all towing devices. If towing devices on manufactured homes are not removable, the towing devices shall be screened by plantings and the structure shall be skirted.

(Ord. No. 0-00-106, § 2, 12-4-2000)

In furtherance of the purposes for which the DCD district is established, the following shall apply:

(1)

Character of land use. A DCD must contain at least two types of land use (unless waived by the planning and zoning commission, mayor, and city council) that are not otherwise allowed together in another zoning district or two types of residential density.

(2)

Concept plan required, development standards.

a.

Development of the DCD shall be guided by a graphic concept plan that designates the land uses of the DCD. The concept plan may be accompanied by a development standards text, which may be approved as a condition of zoning or special use, providing development standards and uses for the project which vary, augment or limit the requirements of this zoning ordinance and the development code.

b.

To the extent that the approved concept plan and development standards for a DCD contradict the development code and the zoning ordinance, the contradictory provisions of the development code and the zoning ordinance are inapplicable to that DCD.

(3)

Concept plan as a condition of zoning. No changes in land use or density shall be allowed in any approved and incorporated concept plan or development standards text, except as subsequently approved pursuant to a rezoning of the property. For properties zoned to DCD concurrent with the adoption of the Official Zoning Map on January 1, 2004, and for which development has commenced but is not complete on January 1, 2004, the individual land use plan for any such property shall serve as a concept plan, and such property shall continue to be developed in accordance with development standards applicable at the time of adoption of the land approved for such property by the mayor and council. For all properties zoned to DCD and the development standards applicable to each, by location, shall be established as a condition of approval by the city council at the time that the property is rezoned to DCD.

(4)

Open spaces required.

a.

Within the DCD, 20 percent of the gross land area must be set aside as common open space, half of which must be usable for active or passive recreation.

b.

The open space areas and facilities shall be held in common by a legally constituted association of property owners with the financial capability to maintain the open space.

c.

For the purposes of calculation, common open space does not include any streets or public rights-of-way, or yard areas or landscape areas located on private property. Common open space does include land and water areas that are available to all occupants of the DCD on a continuing and permanent basis, such as walking trails, community centers or clubhouses, golf courses and other recreation areas, protected flood plains or wetlands. Protected floodplains and wetlands shall be protected by a conservation easement.

d.

Lands dedicated to public use, such as school or fire station, shall be credited as part of the 20 percent common open space requirement.

(5)

Compatibility. Land uses developed at the perimeter of the site shall be developed in a manner that is compatible with adjacent off-site land uses or zoning, or a 100-foot-wide buffer shall be provided between the uses in the DCD and the perimeter of the setbacks, and other development standards.

(6)

Maximum area and density for residential uses.

a.

Except as provided in subsection (6)b of this subsection, no concept plan shall be approved for any DCD development of 500 acres or less which exceeds the following limits for residential use:

1.

Maximum acreage area for residential use: 75 percent of total land area.

2.

Maximum acreage area for multifamily (attached residential units at R-6 density) residential use: Ten percent of total land area.

3.

Maximum overall residential density (calculated based on property designated for residential base zone): Five units per acre.

4.

Maximum residential density within the multifamily (attached units at R-6 density) land use area: Six units per acre.

b.

Exception: The council may waive the requirements of the subsection upon an express finding of special circumstances where any DCD adjoins property of equal or greater acreage which is developed as commercial, office, industrial or any combination thereof.

c.

No lots shall be less than 7,500 square feet.

d.

No more than 25 percent of total lots in the proposed development will be allowed to be under 10,000 square feet.

e.

25 percent of total lots shall be greater than 14,000 square feet with a minimum house size of 1,600 square feet for these lots.

f.

Overall average home size for the development shall be a minimum of 1,400 square feet unless otherwise stipulated and approved by planning and zoning, mayor, and city council.

(Ord. No. 0-00-106, § 2, 12-4-2000; Ord. No. 0-01-58, § 2, 8-20-2001)

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:

Adult bookstore means an establishment having a substantial or significant portion of its stock in trade, books, magazines, or other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section, comprising five percent of its total floor space, devoted to the sale or display of such materials or five percent of its net sales consisting of printed materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Adult business means:

(1)

Any business other than those expressly specified in this article, where employees or patrons expose specified anatomical areas or engage in specified sexual activities; or

(2)

Any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing, discussing or relating to specified sexual activities or specified anatomical areas.

Adult dancing establishment means a business that features dancers displaying or exposing specified anatomical areas.

Adult mini-motion picture theater means an enclosed building with a capacity of less than 25 persons used for commercially presenting material distinguished or characterized by emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

Adult motion picture arcade means any place to which the public is permitted or invited wherein coins or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image producing devices are maintained to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

Adult motion picture theater means an enclosed building with a capacity of 25 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

Adult video store means an establishment having a substantial or significant portion of its stock in trade, videotapes or movies or other reproductions, whether for sale or rent, which are distinguished by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Church means a body of communicants gathered into church; an order united under one form of government by the profession of the same faith and the observance of the same rituals and ceremonies; place where persons regularly assemble for worship; congregation; organization for religious purposes.

Encounter center or rap establishment means any business, agency or person who, for any form of consideration or gratuity, provides a place where two or more persons may congregate, assemble or associate for the primary purpose of engaging in, describing or discussing specified sexual activities, or exposing specified anatomical areas.

Erotic dance establishment means a nightclub, theater or other establishment which features live performances by topless or bottomless dancers, go-go dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

Escort bureau, introduction services means any business, agency or person who, for a fee, commission, hire, reward or profit, furnishes or offers to furnish names of persons, or who introduces, furnishes or arranges for persons who may accompany other persons to or about social affairs, entertainments or places of amusement, or who may consort with others about any place of public resort or within any private quarters.

Good moral character means, according to this article, that the person has not been convicted of a felony, or any crime not a felony if it involves moral turpitude, in the past five years. The city may also take into account such other factors as are necessary to determine the good moral character of the applicant or employee. Conviction shall include pleas of nolo contendere or bond forfeiture when charged with such crime.

Minor, for the purposes of this article, means any person who has not attained the age of 18 years.

Specified anatomical areas includes any of the following:

(1)

Less than completely and opaquely covered human genitals, pubic region or buttocks;

(2)

Female breast below a point immediately above the top of the areola; or

(3)

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

Specified sexual activities includes any of the following:

(1)

Actual or simulated sexual intercourse;

(2)

Oral copulation;

(3)

Anal intercourse;

(4)

Oral anal copulation;

(5)

Beastiality;

(6)

Direct physical stimulation of unclothed genitals;

(7)

Flagellation;

(8)

Torture in the context of a sexual relationship and any of the following sexually-oriented acts or conduct:

a.

Anilingus.

b.

Buggery.

c.

Coprophagy.

d.

Coprophilia.

e.

Cunnilingus.

f.

Fellatio.

g.

Necrophilia.

h.

Pederasty.

i.

Pedophilia.

j.

Piquerism.

k.

Saphism.

l.

Zooerasty.

(9)

Clearly depicted human genitals in a state of sexual stimulation, arousal tumescence;

(10)

Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation;

(11)

Fondling or touching of nude human genitals, pubic region, buttocks or female breast;

(12)

Masochism, erotic or sexually-oriented torture, beating or the infliction of pain;

(13)

Erotic or lewd touching, fondling or other sexual contact with an animal by a human being; or

(14)

Human excretion, urination, menstruation, vaginal or anal irrigation.

(Ord. No. 0-00-106, § 2, 12-4-2000)

Any person violating the provisions of this division shall be guilty of a misdemeanor, punishable by a fine not to exceed $1,000.00 per violation or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. In addition to such fine or imprisonment, violation of this division shall also be grounds for the immediate suspension or revocation of the license issued by this division.

(Ord. No. 0-00-106, § 2, 12-4-2000)

The purpose of this division is to regulate certain types of businesses including, but not limited to, adult entertainment establishments, to the end that many types of criminal activities frequently engendered by such businesses will be curtailed. However, it is recognized that such regulation cannot defacto approach prohibition. Otherwise a protected form of expression would vanish. As to adult dance establishments, this division represents a balancing of competing interests; reduced criminal activity and protection of the neighborhood through the regulation of adult entertainment establishments versus the protected rights of adult entertainment establishments and patrons.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

Based on the experience of other urban counties and municipalities including, but not limited to, Atlanta and Fulton County, Georgia; Dekalb County, Georgia; Richmond County, Georgia; Amarillo, Texas; Austin, Texas; Garden Grove, California; Houston, Texas; Renton, Washington; Phoenix, Arizona; Indianapolis, Indiana; St. Paul, Minnesota; Tucson, Arizona; Augusta, Georgia; LaGrange, Georgia; Dalton and Whitfield County, Georgia; Carrollton, Georgia; Smyrna, Georgia; and Ft. Lauderdale and Palm Beach, Florida, which experiences, we believe are relevant to the problems faced by the city, the city council takes note of the notorious and self-evident conditions attendant to the commercial exploitation of human sexuality, which do not vary greatly among generally comparable communities within our country.

(b)

Moreover, it is the findings of the council that public nudity, either partial or total, under certain circumstances, particularly circumstances related to the sale and consumption of alcoholic beverages, begets criminal behavior and tends to create undesirable community conditions. Among the acts of criminal behavior identified with nudity are disorderly conduct, prostitution, and drug trafficking and use. Among the undesirable community conditions identified with nudity are depression of property values in the surrounding neighborhood, increased expenditure for the allocation of law enforcement personnel to preserve law and order, increased burden on the judicial system as a consequence of the criminal behavior herein above described, and acceleration of community blight by the concentration of such establishments in particular areas. Therefore, the limitation of nude conduct in establishments is in the public welfare and it is a matter of governmental interest and concern to prevent the occurrence of criminal behavior and undesirable community conditions normally associated with establishments which allow or encourage nudity. Based on these findings, this division is adopted to regulate certain types of businesses and to establish where such activity may or may not be conducted.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

The following regulations shall apply:

(1)

No person or other entity shall advertise or cause to be advertised an erotic dance establishment without a valid adult entertainment establishment license issued pursuant to this division.

(2)

No later than March 1 of each year, an adult entertainment establishment licensee shall file a verified report with the city clerk showing the licensee's gross receipts and amounts paid to dancers for the preceding calendar year.

(3)

An adult entertainment establishment licensee shall maintain and retain for a period of two years the names, addresses and ages of all persons employed as dancers.

(4)

No adult entertainment establishment licensee shall employ or contract with as a dancer a person under the age of 18 years or a person not licensed pursuant to this division.

(5)

An adult entertainment establishment may be open only between the hours of 8:00 a.m. and 10:00 p.m. Monday through Saturday. No adult entertainment establishment shall be open on Christmas Day.

(6)

An adult entertainment establishment licensee shall conspicuously display all licenses required by this division.

(7)

All dancing shall occur on a platform intended for that purpose which is raised at least two feet from the level of the floor.

(8)

No dancing shall occur closer than ten feet to any patron.

(9)

No dancer shall fondle or caress any patron, and no patron shall fondle or caress any dancer.

(10)

No patron shall directly pay or give any gratuity to any dancer.

(11)

No dancer shall solicit any pay or gratuity from any patron.

(b)

All areas of an establishment licensed hereunder shall be fully lighted at all times patrons are present. Full lighting shall mean illumination equal to 3½ footcandles per square foot.

(c)

If any portion or subsection of this section of this division or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the remainder or application to other persons or circumstances shall not be affected.

(Ord. No. 0-00-106, § 2, 12-4-2000)

No person or other entity shall publicly display or expose or suffer the public display or exposure, with less than a full opaque covering, of any portion of a person's genitals, pubic area or buttocks in a lewd and obscene fashion.

(Ord. No. 0-00-106, § 2, 12-4-2000)

It shall be unlawful for any person to engage in, conduct or carry on in or upon any premises within the city any adult entertainment establishment without a license to do so. No permit so issued shall condone or make legal any activity thereunder if the same is deemed illegal or unlawful under the laws of the state or the United States.

(Ord. No. 0-00-106, § 2, 12-4-2000)

It shall be unlawful for any person to operate an adult entertainment establishment unless such business shall have a currently valid license or shall have made proper application for renewal within the time required thereof under this division which license shall not be under suspension or permanently or conditionally revoked.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

Admission of minors unlawful. It shall be unlawful for a licensee to admit or permit the admission of minors within a licensed premises.

(b)

Sales to minors unlawful. It shall be unlawful for any person to sell, barter or give or to offer to sell, barter or give to any minor any service, material, device or thing sold or offered for sale by any adult bookstore, adult motion picture theater, adult massage parlor or adult dancing establishment or other adult entertainment establishment.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

No adult entertainment establishment for use restricted hereunder shall be located:

(1)

Within 1,000 feet of any parcel of land which is either named or used for residential uses or purposes;

(2)

Within 1,000 feet of any parcel of land upon which a church, school, governmental building, library, civic center, public park, or playground is located;

(3)

Within 1,000 feet of any parcel of land upon which another establishment regulated or defined hereunder is located;

(4)

Within 1,000 feet of any parcel of land upon which any other adult entertainment establishment is located;

(5)

Within any zone category other than general industrial; or

(6)

On less than three acres of land containing at least 100 feet of road frontage.

(b)

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

(Ord. No. 0-00-106, § 2, 12-4-2000)

Employees of an adult entertainment establishment shall not be less than 21 years of age. Every employee must be of good moral character as defined in section 38-156. Any employee who is convicted of a crime constituting a felony or a crime not a felony involving moral turpitude, while employed as an adult entertainment establishment employee, shall not thereafter work on any licensed premises for a period of five years from the date of such conviction, unless a longer time is ordered by a court of competent jurisdiction. The term "convicted" shall include an adjudication of guilt on a plea of guilty or nolo contendere or the forfeiture of a bond when charged with a crime, and the terms "employed on the licensed premises" and "work on any licensed premises" shall include as well work done or services performed while in the scope of employment elsewhere than on the licensed premises.

(Ord. No. 0-00-106, § 2, 12-4-2000)

Before any person may work on a licensed premises, he shall file a notice with the city clerk of his intended employment on forms supplied by the city clerk and shall receive approval of such employment from the city clerk. The prospective employee shall supply such information as the city clerk requires, including a set of fingerprints, on regular city or United States Department of Justice forms. Upon approval, the employee may begin working on the licensed premises. If approval is denied, the prospective employee may, within ten days of such denial, apply to the city council for a hearing. The decision of the city council which may issue such order as is required to approve or deny the employment. An investigation fee of $50.00 shall accompany the notice of intended employment or a receipt of the city clerk evidencing the payment of such fee at the time the notice is filed.

(Ord. No. 0-00-106, § 2, 12-4-2000)

Violation of the provisions of this division, laws and regulations of the state, or the rules and regulations of the city shall subject an employee to suspension or revocation of a license to work.

(Ord. No. 0-00-106, § 2, 12-4-2000)

For the purposes of this division, independent contractors shall be considered employees and shall be licensed as employees, regardless of the business relationship with the owner or licensee of any adult entertainment establishment.

(Ord. No. 0-00-106, § 2, 12-4-2000)

Any person desiring to obtain a license to operate, engage in, conduct or carry on any adult entertainment establishment shall make application to the city clerk or designated representative. Prior to submitting such application, a nonrefundable fee, established by resolution of the city council, shall be paid to the city clerk to defray, in part, the cost of investigation and report required by this division. The city clerk shall issue a receipt showing that such application fee has been paid. The application for license does not authorize the engaging in, operation of, conduct of or carrying on of any adult entertainment establishment.

(Ord. No. 0-00-106, § 2, 12-4-2000)

Each application for an adult entertainment establishment license shall contain the following information:

(1)

The full true name and any other names used by the applicant;

(2)

The present address and telephone number of the applicant;

(3)

The previous address of the applicant, if any, for a period of five years immediately prior to the date of the application and the dates of residence at each;

(4)

Acceptable written proof that the applicant is at least 21 years of age;

(5)

The applicant's height, weight, color of eyes and hair and date and place of birth;

(6)

Two photographs of the applicant at least two inches by two inches taken within the last six months;

(7)

Business, occupation or employment history of the applicant for the five years immediately preceding the date of application;

(8)

Business or employment records of the applicant, partners in a partnership, directors and officers of a corporation and, if a corporation, all shareholders holding more than five percent of the shares of corporate stock outstanding;

(9)

The business license history of the applicant and whether such applicant, in previous operations in this or any other city, state or territory under license, has had such license or permit for adult entertainment business or similar type of business revoked or suspended, the reason therefore, and the business activity or occupation subsequent to such action of suspension or revocation;

(10)

All convictions, including ordinance violations, exclusive of traffic violations, stating the dates and places of any such convictions;

(11)

If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the place and date of incorporation, and the names and addresses of each of its current officers and directors, and each stockholder holding more than five percent of the stock in the corporation. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the county clerk. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporation shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such designated person shall complete and sign all application forms required of an individual applicant under this article, but only one application fee shall be charged;

(12)

The names and addresses of the owner and lessor of the real property upon which the business is to be conducted and a copy of the lease or rental agreement;

(13)

The age and date of birth of the applicant, any partners, any and all officers, any stockholders of more than five percent of the shares of the corporation stock outstanding, and directors of the applicant if the applicant is a corporation;

(14)

If the applicant, any partners or any of the officers or stockholders holding more than five percent of the outstanding shares of the corporation, have ever been convicted of any crime constituting a felony, or any crime not a felony involving moral turpitude, in the past five years and, if so, a complete description of any such crime, including date of violation, jurisdiction and any disposition, including any fine or sentence imposed and whether terms of disposition have been fully completed;

(15)

The city shall require the individual applicant to furnish fingerprints of the applicant;

(16)

If the applicant is a person doing business under a trade name, a copy of the trade name properly recorded. If the applicant is a corporation, a copy of the authority to do business in the state, including articles of incorporation, trade name affidavit, if any, and last annual report, if any;

(17)

At least three character references from individuals who are in no way related to the applicant or individual shareholders, officers or directors of a corporation and who are not or will not benefit financially in any way from the application if the license is granted and who have not been convicted of any felony or a municipal code violation involving moral turpitude in the last five years;

(18)

The licensing officer shall prepare forms consistent with the provisions of this subsection for the applicant, who shall submit all character references on such forms;

(19)

Address of the premises to be licensed;

(20)

Whether the premises are owned or rented and, if the applicant has a right to legal possession of the premises, copies of those documents giving such legal right;

(21)

A plat by a registered engineer, licensed by the state, showing the location of the proposed premises in relation to the neighborhood, the surrounding zoning, its proximity to any church, school, public park, governmental building, library or site or other business regulated by this division; and

(22)

Each application for an adult entertainment establishment license shall be verified and acknowledged under oath to be true and correct by the:

a.

Individual, if the applicant is an individual;

b.

Manager or general partner, if by a partnership;

c.

President of the corporation, if by a corporation; and

d.

Chief administrative official, if by any other organization or association.

(Ord. No. 0-00-106, § 2, 12-4-2000)

The applicant, if an individual, or designated responsible managing officer, if a partnership or corporation, shall personally appear before the city clerk and produce proof that a nonrefundable application fee has been paid, that the application containing the information described in section 38-153 has been presented to the city clerk, and that all information contained therein is true and correct.

(Ord. No. 0-00-106, § 2, 12-4-2000)

The city clerk or designee shall have 45 days to investigate the application and the background of the applicant. Upon completion of the investigation, the city council shall upon two readings, grant the license if it finds:

(1)

The required fee has been paid;

(2)

The application conforms in all respects to the provisions of this division;

(3)

The applicant has not knowingly made a material misrepresentation in the application;

(4)

The applicant has fully cooperated in the investigation of his application;

(5)

The applicant, if an individual, or any of the stockholders of the corporation, any officers or directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, has not been convicted in a court of competent jurisdiction of any offense involving conduct or convicted of an attempt to commit any of the above mentioned offenses, or convicted in any state of any offense which, if committed or attempted in this state, would have been punishable as one or more of the above mentioned offenses, or any crime involving dishonesty, fraud, deceit or moral turpitude;

(6)

The applicant has not had an adult entertainment establishment license or other similar license permit denied or revoked for cause by this city or any other city located in or out of this state prior to the date of application;

(7)

The building, structure, equipment or location of such business as proposed by the applicant complies with all applicable laws including, but not limited to, health, zoning, distance, fire and safety requirements and standards;

(8)

The applicant is at least 21 years of age;

(9)

That the applicant, his employee, agent, partner, director, officer, stockholder or manager has not, within five years of the date of application, knowingly allowed or permitted any of the specified sexual activities as defined in section 38-139 to be committed or allowed in or upon the premises where such adult entertainment establishment is to be located or to be used as a place in which solicitations for the specified sexual activities as defined herein openly occur;

(10)

That on the date the business for which a license is required herein commences, and thereafter, there will be a responsible person on the premises to act as manager at all times during which the business is open;

(11)

That the proposed premises is not be located too close to any church, school, library, governmental building, site or any other business restricted by this division;

(12)

That the grant of such license will not cause a violation of this division or any other ordinance or regulation of the city, state or the United States;

(13)

Any other inquiry deemed necessary or desirable by the city to ensure the health, safety and welfare of the citizens or the preservation of its neighborhoods.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

No license provided by this division shall be issued to or held by:

(1)

An applicant who has not paid all required fees and taxes for a business at that location or property taxes;

(2)

Any person who is not of good moral character as defined in this division;

(3)

Any corporation, any of whose officers, directors or stockholders holding more than five percent of the outstanding issued shares of capital stock are not of good moral character as defined in this division;

(4)

Any partnership or association, any of whose officers or members holding more than five percent interest therein are not of good moral character as defined by this division;

(5)

Any person employing, assisted by or financed in whole or in part by any person who is not of good moral character as defined by this division; or

(6)

Any applicant who is not qualified to hold and conduct a business according to the laws of the United States, the state or the city.

(b)

Should there be a sufficient number of current licenses to meet the needs and desires of the inhabitants of the city, no new licenses shall be issued. In determining the needs and desires of the inhabitants, the standards of review shall be that the market is virtually unrestrained as defined in Young v. American Mini Theaters, Inc. 427 US 50.

(Ord. No. 0-00-106, § 2, 12-4-2000)

If the city clerk or designee, following investigation of the applicant, deems the applicant does not fulfill the requirements as set forth in this division, he shall notify the codes enforcement officer of such opinion and, within 45 days of the date of application, provide copies of the investigation report to the codes enforcement office. The codes enforcement officer shall within ten days notify the applicant by certified mail of such denial. Any applicant who is denied a license may appeal such denial as provided in section 38-161.

(Ord. No. 0-00-106, § 2, 12-4-2000)

Licenses for adult entertainment establishments may be renewed by the city clerk or designee on a year to year basis, provided the licensees continue to meet the requirements set forth in this division. The renewal fees for the adult entertainment establishment licenses shall be established by resolution of the city council.

(Ord. No. 0-00-106, § 2, 12-4-2000)

No adult entertainment establishment license may be sold, transferred or assigned by a licensee, or by operation of law, to any other person. Any such sale, transfer or assignment or attempted sale, transfer or assignment shall be deemed to constitute a voluntary surrender of such license, shall thereafter be null and void; provided and excepting, however, if the licensee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner without effecting a surrender or termination of such license and, in such case the permit, upon notification to the city, shall be placed in the name of the surviving partner. An adult entertainment establishment license issued to a corporation shall be deemed terminated and void when either any outstanding stock of the corporation is sold, transferred or assigned after the issuance of a license or any stock authorized but not issued at the time of the granting of a license is thereafter issued and sold, transferred or assigned.

(Ord. No. 0-00-106, § 2, 12-4-2000)

No adult entertainment establishment shall move from the location specified on its license until a change of location fee, established by resolution of the city council, has been deposited with the city and approval has been obtained from the city clerk or designee. Such approval shall not be given unless all requirements and regulations as contained in this division have been met. No licensee shall operate, conduct, manage, engage in or carry on an adult entertainment establishment under any name other than his name and the name of the business as specified on the license. Any application for an extension or expansion of a building or other place of business where an adult entertainment establishment is located shall require inspection and shall comply with the provisions and regulations of this division.

(Ord. No. 0-00-106, § 2, 12-4-2000)

The licensee shall, within ten days after he has been notified of an adverse determination by the city clerk or designee, submit a notice of appeal to the city clerk. The notice of appeal shall be addressed to the city council and shall specify the subject matter of the appeal, the date of any original and amended applications or requests, the date of the adverse decisions (or receipt of notice thereof), the basis of the appeal, the action requested of the city council, and the name and address of the applicant. The clerk shall place the appeal on the agenda of the next regular city council meeting occurring not less than five nor more than 30 days after receipt of the application for city council action.

(Ord. No. 0-00-106, § 2, 12-4-2000)

When an appeal is placed on the council's agenda, the council may take either of the following actions:

(1)

Set a hearing date and instruct the city clerk to give such notice of hearing as may be required by the Charter; or

(2)

Appoint a hearing officer and fix the time and place for a hearing. The hearing officer may or may not be a city employee and may be appointed for an extended period of time. The clerk shall assume the responsibility for such publication of the notice of hearing as may be required by the Charter for public hearings. If a hearing officer is appointed, the hearing shall be conducted in accordance with the procedures set out in this division.

(Ord. No. 0-00-106, § 2, 12-4-2000)

Whenever the city clerk has scheduled an appeal before the city council, at the time and date set, the council shall receive all relevant testimony and evidence from the licensee, from interested parties and from city staff. The city council may sustain, overrule or modify the action being appealed. The action of the city council shall be final.

(Ord. No. 0-00-106, § 2, 12-4-2000)

The hearing officer appointed in section 38-162 may receive and rule on admissibility of evidence, hear testimony under oath and call witnesses as he may deem advisable with respect to the conduct of the hearing.

(Ord. No. 0-00-106, § 2, 12-4-2000)

The city council and the hearing officer shall not be bound by the traditional rules of evidence in hearings conducted under this division. The rules of evidence as applied in an administrative hearing shall apply.

(Ord. No. 0-00-106, § 2, 12-4-2000)

The hearing officer shall, within a reasonable time not to exceed 30 days from the date of a hearing and before the hearing officer's appointment is terminated, submit a written report to the city council. Such report shall be filed with the city clerk and shall be considered public record. A copy of such report shall be forwarded by certified mail to the licensee/applicant the same day it is filed with the city clerk, with an additional copy furnished to the chief of police. The city clerk shall place the hearing officer's report on the agenda of the next regular council meeting occurring not less than ten days after the report is filed and shall notify the licensee/applicant of the date of such meeting at least ten days prior to the meeting, unless the licensee/applicant stipulates to a shorter notice period.

(Ord. No. 0-00-106, § 2, 12-4-2000)

The council may adopt or reject the hearing officer's decision in its entirety or may modify the proposed recommendation. If the council does not adopt the hearing officer's recommendation, it may:

(1)

Refer the matter to the same or another hearing officer for a completely new hearing or for the taking of additional evidence on specific points; in either of such cases, the hearing officer shall proceed as provided in this division; or

(2)

Decide the case upon a review of the entire record before the hearing officer, with or without taking additional evidence.

(Ord. No. 0-00-106, § 2, 12-4-2000)

Any adult entertainment establishment operated, conducted or maintained contrary to the provisions of this division shall be hereby declared to be unlawful and a public nuisance. The city may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action, proceeding of abatement, removal or enjoinment thereof in the manner provided by law. It shall take such other steps and shall apply to such court as may have jurisdiction to grant such relief as will abate or remove such adult entertainment establishment and restrain and enjoin any person from operating, conducting or maintaining an adult entertainment establishment contrary to the provisions of this division. In addition, violation of the provisions of this division shall be per se grounds for suspension or revocation of a license granted by this division.

(Ord. No. 0-00-106, § 2, 12-4-2000)

Each licensed premises shall be maintained in a clean and sanitary condition and shall be cleaned at least once daily and more frequently when necessary. This activity shall be supervised by the person in charge of the licensed premises. There shall be provided adequate facilities, equipment and supplies on the licensed premises to meet this requirement, and adequate ventilation and illumination shall be provided to permit thorough, complete cleaning of the entire licensed premises. Trash and garbage shall not be permitted to accumulate or to become a nuisance on or in the immediate vicinity of the licensed premises but shall be disposed of daily or as often as collections permit.

(Ord. No. 0-00-106, § 2, 12-4-2000)

The licensee of a premises or a designated representative shall make sanitary inspections of the licensed premises at least once a month and shall record his findings on a form supplied by the licensing officer. Each licensed premises shall post and maintain in a readily accessible place a schedule for maintaining the sanitation of the premises.

(Ord. No. 0-00-106, § 2, 12-4-2000)

A licensed premises or any part thereof may be sealed by order of the licensing officer on his finding of a violation of this division resulting in an unsanitary or unsafe condition. Prior to sealing, the licensing officer shall serve on the licensee, by personal service on him or by posting in a conspicuous place on the licensed premises, a notice of the violation and an order to correct it within 24 hours after service of the notice. If the violation is not so corrected, the licensing officer may physically seal that portion of the licensed premises causing the violation and order the discontinuance of use thereof until the violation has been corrected and the seal removed by the licensing officer. The licensing officer shall affix to the sealed premises a conspicuous sign labeled "Unclean" or "Unsafe" as the case may be.

(Ord. No. 0-00-106, § 2, 12-4-2000)

A licensed premises or any part thereof may be abated as a sanitary nuisance.

(Ord. No. 0-00-106, § 2, 12-4-2000)

The following words, terms and phrases when used in this division, shall have the meaning ascribed to them in context with the purpose of the division:

Game room means any establishment which operates solely on the proceeds from any amusement machine or device operated by means of insertion of a coin, token, or similar object for the purpose of amusement or skill and for playing where a fee is charged.

Mechanical amusement device means each machine, which, upon the insertion of a coin, trade token or slug, operates or may be operated as a game of contest or skill or amusement of any kind or description and which contains no automatic pay-off device for the return of money, trade tokens or slugs, and which makes no provision whatever for the return of money. The term "mechanical amusement device" also means any machine, apparatus or contrivance which is used or may be used as a game with skill and amusement wherein or whereby the player initiates, employs or directs any force generated by the machine.

(Ord. No. 0-00-106, § 2, 12-4-2000)

The purpose of this division is to provide for the regulation of businesses which include game rooms to ensure the city's health, safety, welfare and moral character.

(Ord. No. 0-00-106, § 2, 12-4-2000)

No person shall engage in the business of an operator or proprietor of coin-operated amusement devices, as the term is defined in this division, without first having obtained the proper license. For the purposes of this division any person having four or more devices shall be defined as engaging in the business of operating a game room and shall be required to obtain a proper license for the operation of such business and be governed under the provisions of this division.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

An application for license in accordance with this division shall be filed in writing with the city clerk, on a form to be provided by the city and shall specify the following:

(1)

The name and address of the applicant, and if a firm, corporation, partnership or association, the principal officers' names and their addresses.

(2)

The address of the premises where the licensed devices are to be operated.

(3)

The trade name and general description of the devices to be licensed, the number of devices to be placed in the business and whether the devices will be the primary or secondary service of the business.

(4)

The name and address of the operator of the business if other than the proprietor.

(b)

A license fee shall accompany such application for license as set forth in the fee schedule posted in city hall.

(c)

The license application shall be investigated as to accuracy and any background checks as necessary are prepared in writing by the codes enforcement officer with the assistance of any city agency as is required.

(d)

Approved applications which have paid the license fee shall be issued a license by the city clerk, after approval of the codes enforcement officer.

(e)

The approved license shall be posted in a conspicuous place in the licensed business.

(f)

Applicants which are denied shall be notified by mail within 30 days after the conclusion of the appropriate investigation. Any license fee paid shall be used for expenses and not returned to the applicant.

(g)

Approved licenses shall be nontransferable.

(h)

Approved licenses shall expire on January 1 of each year.

(Ord. No. 0-00-106, § 2, 12-4-2000)

In case a licensed proprietor under the provisions of this division desires to increase the number of devices to be used, played or exhibited for use or play, there shall be an additional application required to be filed with the city clerk. An additional fee shall be assessed according to the schedule posted in city hall.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

No coin-operated amusement device shall be operated in unsanitary conditions. Periodic codes enforcement checks shall be made to determine the sanitary conditions of the establishment.

(b)

It shall be the responsibility of the licensee to see that the premises do not become overcrowded in violation of the county occupancy regulations.

(c)

It shall be unlawful for any person engaged solely in the business of operating a game room to sell, offer for sale, knowingly permit to be sold, offered for sale, dispensed, consumed or brought on the licensed premises any alcoholic beverage or illegal drugs.

(d)

Any violation of the Criminal Code of Georgia (O.C.G.A. Title 26), or of any ordinance pertaining to obscene materials as defined and regulated in the O.C.G.A., shall result in immediate revocation of a license issued under this division.

(e)

It shall be a reason for revocation of an approved license for any license holder to offer a reward, prize, or award in the form of free games or money in connection with the use or operation of such coin-operated amusement machines.

(f)

It shall be a reason for revocation of an approved license and a violation of applicable laws for any license holder to allow or permit gambling of any type to occur in connection with the use or operation of such coin-operated amusement machines.

(g)

Licensed holders shall not permit machines to be in operation after 11:00 p.m. on weekdays or after 12:00 a.m. on Saturdays and Sundays. No machine shall be in operation prior to 8:00 a.m. Monday through Saturday or prior to 12:01 p.m. on Sundays.

(h)

Violations of these provisions shall be deemed a misdemeanor and punishable according to the Charter and revocation of the license.

(Ord. No. 0-00-106, § 2, 12-4-2000)

The mayor and city council shall have the right to revoke any license issued by the city for the violation of the provisions of this division, after a written notice to the licensee, of such violation. The licensee may appeal to the city council on the first city council meeting after the receipt of written notice of violation.

(Ord. No. 0-00-106, § 2, 12-4-2000)

All existing city ordinances are hereby repealed insofar as they may be inconsistent with the provisions of this division.

(Ord. No. 0-00-106, § 2, 12-4-2000)

It is the intention of the mayor and city council that each separate provision of this division shall be deemed independent of all other provisions herein and it is further the intention of the mayor and city council if any of the provisions of this division are declared invalid, all other provisions thereof shall remain in full force and effect.

(Ord. No. 0-00-106, § 2, 12-4-2000)

It is the purpose of this division to provide for the regulation of businesses which include the use of pool and billiard tables.

(Ord. of 1-16-2009)

(a)

A license is required for any business establishment to install, use or otherwise provide pool or billiard tables. The license is non-transferable and non-assignable.

(b)

The applicant must obtain a business license from the city.

(c)

The applicant for a pool and billiard table license must be the same as the business license applicant.

(d)

No pool and billiard table license will be issued unless a business license is also issued.

(e)

Application for a license shall be in writing on a form designated by the city clerk and shall specify at least the following:

(1)

The name, address and telephone number of the applicant. If the applicant is a firm, corporation, partnership or association, the principal officers' names, addresses and telephone numbers should be included;

(2)

The address of the establishment;

(3)

An indication of the primary purpose of the business; and

(4)

The name and address of any manager of the business.

(f)

A non-refundable license fee of $100.00 shall accompany the application and must be renewed annually with the city clerk.

(g)

The license application shall be investigated as to accuracy and any background checks as necessary will be prepared in writing by the codes enforcement office with the assistance of any city agency as is required.

(h)

Approved applications shall be issued by the city clerk.

(i)

The approved license shall be posted in a conspicuous place in the licensed premises.

(j)

Applicants which are denied shall be notified by mail within 30 days after such denial. An applicant who has been denied a license may appeal to the city administrator. The decision of the city administrator is final.

(k)

Licenses shall expire on December 31st of each year.

(Ord. of 1-16-2009)

(a)

No pool and billiard tables may be operated in unsanitary conditions. Periodic code enforcement inspections shall be made to determine the sanitary conditions of the establishment.

(b)

The establishment must comply with all other applicable codes and ordinances of the City of Temple. A violation of any codes or ordinances of the city shall be grounds to revoke the pool and billiard table license.

(c)

It shall be the responsibility of the licensee to enforce Carroll County occupancy regulations.

(d)

It shall be unlawful for any person, firm, partnership or corporation engaged solely in the business of operating pool and billiard tables to sell, offer for sale, permit to be sold, dispense, allow consumption or presence of alcoholic beverages of any kind or illegal drugs on the licensed premises.

(e)

Any violation of the Criminal Code of Georgia or any other ordinance pertaining to obscene materials as defined and regulated by the Official Code of Georgia shall result in the immediate revocation of the license issued under this section.

(f)

It shall be reason for revocation of license issued under this section if gambling of any type occurs in connection with the use or operation of the pool and billiard tables.

(Ord. of 1-16-2009)

(a)

A notice of revocation will be provided to the licensee via certified mail providing the grounds for revocation.

(b)

Within five days of issuing the notice of revocation, a licensee may file an appeal with the city administrator in writing. The request for appeal must be received by the city clerk within five days of the issuance of a notice of violation.

(c)

The city administrator will schedule a hearing to determine whether the license should be revoked.

(d)

The standard for determining whether the license should be revoked is preponderance of the evidence.

(e)

The city administrator shall issue a decision and provide written notice of the decision to the licensee with ten business days of the hearing.

(f)

The licensee shall then have five days in which to request an appeal before the mayor and council. Such request must be in writing and must be received by the city clerk within five days of the city administrator's written decision being issued.

(g)

An appeal hearing will be scheduled before the mayor and council. Such hearing shall be limited to 30 minutes for each side.

(h)

The mayor and council shall render their written decision within ten business days of the hearing.

(Ord. of 1-16-2009)

Vehicles under repair or maintenance at an automobile service station may not remain on the property for more than seven consecutive days.

(Ord. No. 0-00-106, § 2, 12-4-2000)

Automotive repair shops shall be licensed as either enclosed or unenclosed as provided in subsections (1) and (2) of this section:

(1)

Enclosed automotive repair shop. Any automotive repair shop established after May 15, 2000, shall be enclosed and shall provide an on-site enclosed building or an on-site lot enclosed by an eight-foot high opaque fence, where all inoperable and dismantled vehicles for the establishment shall be stored. There shall be no outdoor storage of inoperable or dismantled vehicles, or of vehicle parts, other than inside the enclosure provided. Vehicles under repair or maintenance at an enclosed automotive repair shop may not remain in the property for more than 180 consecutive days.

(2)

Unenclosed automotive repair shop. Any automotive repair shop established before May 15, 2000, may be licensed either as unenclosed or, if it meets the enclosure requirements of subsection (1) of this section, as enclosed. Once licensed as an enclosed automotive repair shop, an establishment may not return to unenclosed status. Vehicles under repair or maintenance at an unenclosed automotive repair shop may not remain in the property for more than 60 consecutive days.

(Ord. No. 0-00-106, § 2, 12-4-2000)

Bed and breakfast inns may not contain more than six bedrooms, and shall not allow a guest to stay more than seven days.

(Ord. No. 0-00-106, § 2, 12-4-2000)

The following provisions apply to accessory uses or structures in all zoning districts where each use is otherwise permitted:

(1)

Relationship to principal use. No accessory use or structure shall be allowed on any lot except in relation to an existing principal use on the lot.

(2)

Fences and freestanding walls. All fences and freestanding walls shall present a finished and attractive surface to the exterior of the lot.

(3)

Customary accessory uses to a dwelling. Each of the following uses is considered to be a customary accessory use to a dwelling and may be situated on the same lot with the principal use to which it serves as an accessory:

a.

Private garage not to exceed the following storage capacities: one- or two-family dwelling, four automobiles; multifamily dwelling, two automobiles per dwelling unit; membership dwelling, 1½ automobiles per sleeping room.

b.

Outdoor parking area for motor vehicles, provided that such space does not exceed the maximum respective storage capacities listed in subsection (3)a of this section; and provided that such space shall not be used for more than one commercial vehicle per family residing on the premises, subject further to the restrictions on vehicle parking in residential districts contained in appendix B: Development Code.

c.

Shed or tool room for the storage of equipment used in grounds or building maintenance.

d.

Television or radio antenna, or a satellite dish antenna no larger than one meter in diameter or diagonally and no more than 13 feet high (measured from its base mount, whether on the ground or a roof).

e.

Ham radio or citizen's band radio antenna.

f.

Children's playhouse and play equipment.

g.

Quarters for the keeping of pets owned by the occupants of the dwelling for noncommercial purposes.

h.

Private recreational facility, such as a swimming pool and bathhouse or cabana, tennis court, deck or patio.

i.

Common laundry facilities located within a multifamily dwelling structure for the exclusive use of the occupants of the dwelling or development.

j.

Structures designed and used for purposes of shelter in the event of manmade or natural catastrophes.

k.

Noncommercial greenhouse.

(4)

Customary accessory uses to a church or other place of worship. Each of the following uses is considered to be a customary accessory use to a church or other place of worship and may be situated on the same lot with the principal use to which it serves as an accessory:

a.

Religious education buildings.

b.

Parish house, meeting or gathering facilities for members.

c.

Parsonage, along with the customary accessory uses to a dwelling.

d.

Cemetery.

(Ord. No. 0-00-106, § 2, 12-4-2000)

Any halfway house, drug rehabilitation center or other facility for treatment of drug dependency must comply with the requirements for a special hearing under section 38-695 pertaining to such facilities prior to approval by the city.

(Ord. No. 0-00-106, § 2, 12-4-2000)

Where otherwise permitted, a guesthouse must comply with the following:

(1)

Accessory use only. The guesthouse must be an accessory use to a single-family detached dwelling already existing on the lot.

(2)

Minimum standards.

a.

The guesthouse must meet or exceed the standards for single-family and two-family dwellings under this article.

b.

A guesthouse shall be permitted only on a lot having at least one acre in area.

c.

The water supply and sanitary sewage disposal system for the lot must be certified by the water and sewerage authority or the health department (as appropriate) as adequate to support the guesthouse in combination with the main house.

(3)

Restrictions.

a.

The guesthouse must be placed to the rear of the main house.

b.

No more than one guesthouse may be located on any lot.

c.

The building floor area of the guesthouse may not exceed 50 percent of the floor area of the main house.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

A home office must comply with the following.

(1)

Permitted activities. A home office shall be limited to the personal conduct of a business within one's place of residence. There shall be no exterior indication that the business activity is taking place.

(2)

Limitations on size and location.

a.

The floor area devoted to the home office must not exceed 25 percent of the gross floor area of the dwelling unit or 500 square feet (whichever is less). This limitation applies to the aggregate floor area of all areas devoted to the home office, whether located within the dwelling or in an accessory structure.

b.

There shall be no activity or display associated with the home office outside of any building or structure. Storage of inventory shall be limited to one contiguous interior area of not more than 100 square feet.

(3)

Activity controls.

a.

Sales. There shall be no exchange of merchandise of any kind on the premises.

b.

Transfer of goods. There shall be no goods, products or commodities received on the premises intended for resale or delivery to customers except by U.S. mail or parcel service.

c.

Personal services. There shall be no activities on the premises that are associated with personal service occupations such as a barbershop, beauty shop, hairdresser or similar activities.

d.

Manufacturing. There shall be no manufacturing, assembly or fabrication or products on the premises conducted as an occupation or commercial venture.

e.

Employees. There shall be no associates or employees on the premises other than other members of the family who reside on the premises.

f.

Outsiders and nonresidents on the premises. There shall be no nonresident persons on the premises in conjunction with the home office.

g.

Parking. There shall be no parking spaces provided or designated specifically for the home office.

h.

Signs. Signage on the property indicating the home office or its activities on premises shall be limited to one wall sign no larger than one square foot in area.

i.

Lights. There shall be no exterior lighting of the building or property that is not in character with a residential neighborhood.

(b)

A residential business must comply with the following.

(1)

Permitted activities. If approved as a special use, any of the following group of activities may be engaged in by persons who reside on the premises of the residential business and who are appropriately qualified and licensed, including business licenses where required:

a.

Medical or professional. This shall include activities normally practiced by members of the medical and legal professions, designers and consultants in a variety of fields such as architecture, engineering and accounting.

b.

Artistic. This group shall include activities such as teaching, creation and production by professional artists, sculptors, craftspeople (craft makers), musicians, writers and others who produce work on the premises for individual purchases, as differentiated from mass production or manufacturing, assembly or fabrication of products on the premises conducted as an occupation or commercial venture.

c.

Business. This includes commercial trade activities such as those conducted by a manufacturer's representative or telephone salesperson, but not involving the delivery of goods or services directly to customers on the premises.

d.

Family day care home. For the purposes of this section, a family day care home is treated separately and is not considered a residential business.

(2)

Limitations on size and location.

a.

The floor area devoted to the residential business must not exceed 25 percent of the gross floor area of the dwelling unit or 500 square feet (whichever is less). This limitation applies to the aggregate floor area of all areas devoted to the residential business, whether located within the dwelling or in an accessory structure.

b.

There shall be no activity or display associated with the residential business outside of any building or structure that is not normally associated with a residential environment.

(3)

Activity controls.

a.

Sales. There shall be no exchange of merchandise of any kind on the premises except for those products produced on the premises as a direct result of the residential business.

b.

Transfer of goods. There shall be no reshipment of any goods, products or commodities received on the premises.

c.

Personal services. There shall be no activities on the premises that are associated with personal service occupations such as a barbershop, beauty shop, hairdresser or similar activities unless specifically permitted as part of the special use approval.

d.

Employees. There shall be no associates or employees on the premises other than other members of the family who reside on the premises.

e.

Outsiders and nonresidents on the premises. There shall not be more than two nonresident persons on the premises at the same time in conjunction with the residential business whether they are students, clients, patients or customers.

f.

Parking. There shall be no parking spaces provided or designated specifically for the residential business.

g.

Signs. No more than one sign may be located on the premises indicating the residential business, which shall be limited to a wall sign not larger than one square foot in area.

h.

Lights. There shall be no exterior lighting of the building or property that is not in character with a residential neighborhood.

i.

Hours of operation. The residential business shall not be open to the public between the hours of 10:00 p.m. and 7:00 a.m. each day except Sunday. On Sunday, the residential business shall not be open before 11:00 a.m. or after 10:00 p.m.

(Ord. No. 0-00-106, § 2, 12-4-2000)

A hotel or motel must comply with the following:

(1)

Minimum lot size. Every lot containing a hotel or motel shall have an area of at least two acres.

(2)

Public safety access. Every hotel or motel building where guests are lodged must have a 25-foot wide corridor surrounding the building for nonexclusive access by public safety vehicles. The corridor must be separated from the exterior of the building by at least 20 feet, but not more than 50 feet.

(3)

Amenities for longterm stay. If any unit available for occupancy by a guest within the hotel or motel contains cooking facilities, the hotel or motel shall provide a swimming pool of adequate size to allow a diving area and meeting all requirements of the swimming pool code.

(Ord. No. 0-00-106, § 2, 12-4-2000)

Certain types of manufactured homes are allowed in a residential district. A manufactured home qualifying as a class A single-family dwelling is permitted by right, when meeting the requirements of section 38-95, while a manufactured home that qualifies as a class B single-family dwelling must meet the requirements and be approved under the R-6 guidelines for manufactured home parks.

(Ord. No. 0-00-106, § 2, 12-4-2000)

If undertaken as an accessory use to an office or commercial use permitted by right, the manufacturing or fabrication activity may occupy no more than 25 percent of the gross floor area or 1,000 square feet, whichever is less. All products manufactured or fabricated on the premises must be sold on the premises as a retail activity.

(Ord. No. 0-00-106, § 2, 12-4-2000)

Dwellings located in a building that also contains nonresidential uses, such as shops or offices, may not occupy 50 percent or more of the gross floor area of the building. The dwelling units may be located on any of the floors of the building, including the ground floor.

(Ord. No. 0-00-106, § 2, 12-4-2000)

A residence for a night watchman, otherwise allowed as an accessory use to a business or industrial operation, may be either of the following:

(1)

A class A or class B single-family detached dwelling; or

(2)

Located within a commercial or industrial structure.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

Outdoor display of merchandise or goods. Merchandise or goods may be on display outdoors for the purpose of customer selection or direct sale or lease to customers only as follows:

(1)

The following merchandise or goods may be located in outdoor display areas on a permanent basis (where the use is otherwise permitted):

a.

Motorized vehicles that are in good running condition free from exterior damage or substantial wear.

b.

Powerboats and sailboats.

c.

Manufactured homes and utility buildings.

d.

Plant nursery items.

e.

Light building materials such as lumber, patio pavers and decorative stone; yard furniture such as benches, swings and birdbaths; and yard maintenance materials such as fertilizer, mulch, straw and seed.

(2)

Merchandise and goods may be located in outdoor display areas between the hours of 8:00 a.m. and 10:00 p.m. within the CBD zoning district.

(3)

All other outdoor display of merchandise or goods shall be conducted on a temporary basis associated with special sales promotions. Such display shall be for a period not to exceed two weeks, and shall not occur more often than three times per year, and shall require a permit from the planning and zoning department.

(4)

Merchandise or goods on display outdoors must be located outside of any street right-of-way or at least 20 feet from the driving lane, whichever is greater.

(b)

Outdoor display area exempt from restrictions with screening. Any area outside of a building where merchandise or goods are displayed for customer selection or direct sale but which is permanently screened by a fence or freestanding wall at least six feet in height shall not be considered an outdoor display area.

(Ord. No. 0-00-106, § 2, 12-4-2000)

The storage of goods, material, merchandise or vehicles not otherwise on display for customer selection or direct sale or lease to customers, where the use is otherwise permitted, is limited as follows:

(1)

Outdoor storage in the CG zoning district. In the CG general commercial zoning district, outside storage of materials is only permitted as a special use, and must be located in the rear yard. In addition, the outdoor storage area must be screened from view by an opaque fence or freestanding wall no less than eight feet in height.

(2)

Outdoor storage in the IL and IH zoning districts. In the IL light industrial and IH heavy industrial zoning districts, any storage use operated as a principal use or accessory use on a property shall be contained entirely within a building or shall be screened from view by an opaque fence or freestanding wall no less than eight feet in height.

(Ord. No. 0-00-106, § 2, 12-4-2000)

A personal care home of any type (e.g., family, group or congregate) in a residential zoning district shall be at least 1,000 feet from any other personal care home, of any type, in the same or any other zoning district.

(Ord. No. 0-00-106, § 2, 12-4-2000)

If approved as a special use, a private use heliport shall meet the following minimum standards:

(1)

Compliance with FAA guidelines. The development of a private use heliport shall be in accordance with the guidelines specified by the Federal Aviation Administration.

(2)

Takeoff and landing area.

a.

Private use heliports shall, as a minimum, have a takeoff and landing area 1½ times the overall length of the largest helicopter expected to use the facility. The surface of the area shall be grassed, paved or treated as may be required to minimize dust or blowing debris.

b.

The owner of a private use heliport shall erect a safety barrier around the peripheral area surrounding the takeoff and landing area. The safety barrier shall be a fence, wall or hedge no less than three feet in height and fully enclosed with a self-locking gate.

(Ord. No. 0-00-106, § 2, 12-4-2000)

No solid waste transfer station or junkyard can be approved as a special use in the IH heavy industrial district if the property lies within 2,000 feet of a residential zoning district, or within 1,000 feet of a commercial zoning district or O-I office-institutional district. All junkyards shall be enclosed by an eight-foot-high opaque fence.

(Ord. No. 0-00-106, § 2, 12-4-2000)

Every special outdoor event on a property shall require approval of a permit by the planning and zoning director and shall comply with the following:

(1)

Frequency and duration.

a.

A special outdoor event shall not last longer than 15 days, and may not occur more often than four times in any calendar year on the same property.

b.

Any two special outdoor events on the same property must be separated by at least 30 consecutive days.

(2)

Requirements.

a.

Adequate parking and traffic maneuvering space must be located on the same property as the special event.

b.

Evidence of liability insurance in an amount acceptable to the planning and zoning director shall be submitted as part of the application for permit approval.

c.

Signage proposed for the special event must be specified and approved as a part of the permit approval.

d.

The planning commission chairperson may impose special stipulations of approval, including but not limited to the requirement to hire adequate security personnel and personnel to direct traffic.

(Ord. No. 0-00-106, § 2, 12-4-2000; Ord. No. 0-01-36, § 1, 6-18-2001)

A temporary sales or construction office, where otherwise allowed, shall meet the following criteria:

(1)

Location. The temporary sales office shall be located on a lot within an area that has received final plat approval and has been recorded with the clerk to the superior court.

(2)

Restrictions.

a.

Sales shall be limited to the lots and buildings within the subdivision where the temporary sales office is located, as defined by the recorded final plat.

b.

The temporary sales office may be a manufactured home or industrialized building.

(3)

Removal. The temporary sales office shall be removed within 30 days after certificates of occupancy or connections to permanent power have been approved on 90 percent of the lots in the subdivision.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

Purpose. The purposes of this section are to:

(1)

Provide for the appropriate location and development of communication towers and antennae to serve the residents and businesses of the city;

(2)

Minimize adverse visual impacts of towers and antennae through careful design, siting, landscape screening and innovative camouflaging techniques;

(3)

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures;

(4)

Lessen traffic impacts on surrounding residential areas;

(5)

Maximize use of any new and existing communication towers so as to minimize the need to construct new towers and minimize the total number of towers throughout the city;

(6)

Maximize and encourage use of alternative tower structures as a primary option rather than construction of additional single-use towers; and

(7)

Encourage and promote the location of new communication towers in areas, which are not zoned for residential use.

(b)

Permitted uses.

(1)

Freestanding communication towers. Upon receipt of an appropriate building permit, freestanding communication towers may be located in the following zoning districts of the city:

a.

Light industrial (IL) and heavy industrial (IH) zoning districts as a use by right; provided however, such towers satisfy all of the conditions under the "general requirements" and "shared use" provisions of this section and do not exceed 150 feet (45.72 meters) in height;

b.

Central business (CBD), general commercial (CG), neighborhood commercial (CN), shopping center district (CSC), office-institutional (OI), design concept development (DCD) as a use by right; provided however, such towers satisfy all of the conditions under the "general requirements" and "shared use" provisions of this section and do not exceed the following height limitations:

1.

For a single user, no more than 70 feet (21.34 meters) in height;

2.

For two users, no more than 100 feet (30.48 meters) in height; and

3.

For three or more users, no more than 150 feet (45.72 meters) in height.

c.

Central business (CBD), general commercial (CG), neighborhood commercial (CN), shopping center district (CSC), office-institutional (OI), light industrial (IL), heavy industrial (IH), design concept development (DCD) zoning districts with a height variance when such towers do exceed the tower heights permitted as in subsections (b)(1)b.1 and 2 of this section; provided however, such towers also satisfy all of the requirements under the "general requirements" and "shared use" provisions of this section.

d.

Single-family detached residential (R-2), residential (R-4) and single-family attached residential (R-6) zoning districts as a special use: provided however, such towers shall not exceed 60 feet (18.29 meters) in height and shall also satisfy all the requirements under the "general requirements" provision of this section.

e.

Guy towers shall not be permitted within the central business (CBD) zoning district.

(2)

Rooftop towers and antennae. Rooftop-mounted communications towers and antennae may be located on any nonresidential buildings and alternative tower structures in the city so long as:

a.

The setback for such tower or antenna meets the setback requirements under the general requirements in subsection (c) of this section, and the setback requirements of the zoning district in which the tower or antenna is located;

b.

The existing freestanding nonresidential structure other than a tower on which such tower or antenna will be placed is 50 feet (15.24 meters) in 65 height or greater and the tower and antenna will add no more than 20 feet total to the height of said existing structure;

c.

No advertising is permitted on an antenna or tower;

d.

No signs or illumination are permitted on an antenna or tower unless required by the FCC, FAA or other state or federal agency of competent jurisdiction in which case the director of planning and zoning may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding uses and views; and

e.

The number and location of antennae, communication towers or other receiving or transmitting devices located on a single structure is not excessive and does not adversely affect adjacent properties and views.

(3)

Prohibitions. No new cell may be established if there is a technically suitable space available on an existing tower within the search area that the new cell is to serve. For the purpose of this section, the search area is defined as the grid for the placement of the antenna.

(c)

General requirements. The requirements set forth in this subsection shall govern the location and construction of all towers, and the installation of all antennae, governed by this section.

(1)

Building codes; safety standards. To ensure the structural integrity of communication towers, 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. Tower owners shall conduct periodic inspections of communication towers at least once every three years to ensure structural integrity. Inspections shall be conducted by structural engineers licensed to practice in the state. The results of such inspection shall be provided to the director of planning and zoning.

(2)

Regulatory compliance.

a.

All towers and antennae must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate communications towers and antennae. If such standards and regulations are changed then the owners of the communications towers and antennae governed by this section shall bring such communication towers and antennae 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.

b.

Tower owners shall provide documentation showing that each communication tower is in compliance with all federal requirements. Evidence of compliance must be submitted every 12 months.

(3)

Security. Communication towers shall be enclosed by decay-resistant security fencing not less than six feet (1.83 meters) in height and shall be equipped with an appropriate anti-climbing device; provided, however, the director of planning and zoning or the governing body may waive such requirements for alternative tower structures.

(4)

Lighting. No illumination is permitted on an antenna or tower unless required by the FCC, FAA or other state or federal agency of competent jurisdiction in which case the director of planning and zoning may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding uses and views.

(5)

Advertising. No advertising is permitted on an antenna or tower.

(6)

Visual impact.

a.

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

b.

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.

c.

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

d.

Towers clustered at the same site shall be of similar height and design.

e.

Towers shall be the minimum height necessary to provide parity with existing similar tower supported antenna, and shall be freestanding where the negative visual effect is less than would be created by use of a guyed tower.

(7)

Landscaping. Landscaping shall be used to effectively screen the view of the tower compound from adjacent public ways, public property and residential property and shall be as follows:

a.

For towers 150 feet (45.72 meters) tall or less, a buffer area no less than six feet (1.83 meters) wide shall commence at the property line.

b.

For towers more than 150 feet (45.72 meters) tall, a buffer area not less than ten feet (3.05 meters) wide shall be provided at the property line.

c.

The buffer zone is to consist of materials of a variety, which can be expected to grow to form a continuous hedge at least five feet (1.52 meters) in height within two years of planting.

d.

Trees and shrubs in the vicinity of guy wires shall be of a kind that would not exceed 20 feet (6.10 meters) in height or would not affect the stability of the guys, should they be uprooted, and shall not obscure visibility of the anchor from the transmission building or security facilities and staff maintenance.

e.

Native vegetation on the site shall be preserved to the greatest practical extent. The applicant shall provide a site plan showing existing significant vegetation to be removed, and vegetation to be replanted to replace that lost.

f.

In lieu of these standards, the director of planning and zoning may allow use of an alternate detailed plan and specifications for landscape and screening, including plantings, fences, walls and other features designed to screen and buffer towers and accessory uses. The plan shall accomplish the same degree of screening achieved by the provisions above, except as lesser requirements are desirable for adequate visibility for security purposes and/or for continued operation of existing bona fide agricultural or forest uses such as farms, nurseries and tree farms. In certain locations where the visual impact of the tower would be minimal, such as remote agricultural or rural locations or developed heavy industrial areas, the landscaping requirement may be reduced or waived by the planning and zoning director.

(8)

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

(9)

Principal, accessory and joint uses.

a.

Accessory structures used in direct support of a tower shall be allowed but not be used for offices, vehicle storage or other outdoor storage. Mobile or immobile equipment not used in direct support of a tower facility shall not be stored or parked on the site of the tower, unless repairs to the tower are being made.

b.

Towers may be located on sites containing another principal use in the same build able area as long as all of the other sighting, setback, separation and general requirements of this section are met. The minimum distance between a tower and another principal use located on the same lot for a monopole or lattice tower shall be the greater of 20 percent of the tower height or 25 feet (7.62 meters), and for a guy tower shall be equal to the height of the tower. This separation is required to ensure compatibility of land uses and to provide for the health, safety and welfare of individuals and structures occupying the same site.

c.

Joint use of a site is prohibited when a proposed of existing principal use includes the storage, distribution or sale of volatile, flammable, explosive or hazardous materials such as propane, gasoline, natural gas and dangerous chemicals.

(10)

Tower lot size, setbacks and separations.

a.

Towers may occupy a parcel as a principal use meeting the minimum lot size requirements for the zoning district in which it is located.

b.

The site shall be of a size and shape sufficient to provide an adequate setback from the base of the tower to any property line abutting a residential district, public property, or public street. Such setback shall be sufficient to comply with all of the following:

1.

Provide for an adequate vegetative, topographic or other buffer as required in this subsection;

2.

Provide a setback of 50 feet (15.24 meters) between any safe-fall tower and all property lines other than those abutting residential property or property containing any existing or planned place of property containing any existing or planned place of public assembly, or any public or private street;

3.

Provide a setback of 50 feet (15.42 meters) plus the height of the tower between any safe-fall or non-safe-fall tower and all property lines abutting residential property or property containing any existing or planned place of public assembly, or any public or private street; and

4.

Meet the minimum yard and setback requirements of the zoning district in which the tower is located.

c.

Placement of more than one tower on a lot shall be permitted, provided all setback, design and landscape requirements are met as to each tower. Structures may be located as close to each other as technically feasible, provided tower failure characteristics of the towers on the site will not lead to multiple failures in the event that one fails.

d.

All structures and uses associated with the transmission use other than the transmission tower shall be located to meet the setbacks required in the zoning district where the tower is to be located. To encourage and accommodate shared requirements by up to 50 percent to accommodate the placement of additional buildings or other supporting equipment at a tower site.

e.

No freestanding communication tower shall be allowed within a 1,000-foot (304.80 meters) radius of an existing tower within a residential area.

f.

In no case shall a tower be located in the required front yard of a residential district.

_____

g.

All freestanding towers constructed after December 31, 2003, shall conform to the following minimum tower separation requirements:

1.

Minimum tower separation requirements (English).

2.

Minimum tower separation requirements (metric).

_____

(d)

Shared use. All new towers shall be designed to structurally accommodate the maximum number of additional users technically practicable.

(1)

Once a new tower is approved, additional antennae and accompanying accessory uses may be added to it in accordance with the approved share plan if the director of planning and zoning finds that the standards of this section are met.

(2)

If a new tower is approved, the owner shall be required as conditions of approval, to:

a.

Record the letter of intent required for an application for a building permit under Appendix B: Development Code in the deed records of the clerk of superior court;

b.

Respond in a timely, comprehensive manner to a request for information from a potential shared use applicant;

c.

Negotiate in good faith for shared use by third parties; and

d.

Allow shared use where the third party seeking such use agrees in writing to pay reasonable, pro rata charges for sharing, including all charges necessary to modify the tower and transmitters to accommodate shared use, but not total tower reconstruction, and to observe whatever technical requirements are necessary to allow shared use without creating interference.

(3)

Willful, knowing failure of an owner, whose tower was approved after the effective date of this section, to comply with the requirements of subsections (d)(2)a through d of this section shall be grounds for withholding approval of any application by such owner for a building permit or special use permit for any tower or antenna.

(4)

Such conditions shall run with the land and be binding on subsequent purchasers of the tower site.

(e)

Removal of antennae and towers. All towers and antennae shall be maintained in compliance with standards contained in applicable building and technical codes so as to ensure the structural integrity of such towers. If upon inspection by the building official such tower is determined not to comply with the code standards or to constitute a danger to persons or property, then upon notice being provided to the owner of the tower and the owner of the property if such owner is different, such owners shall have 30 days to bring such tower into compliance. In the event such tower or antenna is not brought into compliance within 30 days, the city may provide notice to the owners requiring the tower or antenna to be removed. The city may pursue all legal remedies available to it to ensure that communication towers and antenna not in compliance with the code standards or which constitute a danger to persons or property are brought into compliance or removed. The city may seek to have the tower or antenna removed regardless of the owners' or operator's intent to operate the tower or antenna and regardless of any permits, federal, state or otherwise, which may have been granted.

(f)

Abandoned towers.

(1)

Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, whether or not the owner or operator intends to make use of the tower. The owner of an abandoned antenna or tower and the owner of the property where the tower is located shall be under a duty to remove such a tower or antenna. The city may pursue all legal remedies available to it to ensure that an abandoned communication tower or antenna is removed regardless of the owner's or operator's intent to operate the tower or antenna and regardless of any permits, federal, state or otherwise, which may have been granted.

(2)

If the owner of an abandoned tower or antenna wishes to use such abandoned tower or antenna, the owner first must apply for and receive all applicable permits and meet all of the conditions of this section as if such tower or antenna was a new tower or antenna.

(g)

Preexisting towers/nonconforming uses.

(1)

All communications towers properly permitted and operative on June 2, 1997, shall be allowed to continue their present usage as a nonconforming use and shall be treated as a nonconforming use in accordance with this zoning ordinance. Routine maintenance, including replacement with a new tower of like construction and height, shall be permitted on such existing towers. New construction other than routine maintenance on an existing communication tower shall comply with the requirements of this section.

(2)

A communication tower that has received city approval in the form of either a building permit or special use exception, but has not yet been constructed or placed in operation shall be considered an existing tower so long as such approval is current and not expired.

(h)

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

(Ord. No. 0-00-106, § 2, 12-4-2000)

A veterinarian clinic or office located in the O-I office-institutional district is not allowed to provide boarding of animals or outdoor kennels or runs.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

Definition. For the purposes of this article, a "yard sale" is defined as the sale or trading, of clothing, furniture, household items, food, dishes, antiques or similar goods or merchandise, other than in the normal course or business, or the sale or trading of such goods, as outlined above, by a person not regularly engaged in such business. Such goods or merchandise do not need to be attended for a sale to be deemed to be in existence. The term "yard sale" shall include garage sales, carport sales and similar types of sales or events.

(b)

Permit required.

(1)

At least 24 hours prior to conducting a yard sale, a permit for the yard sale shall be secured from the building official of the city. Upon application for a permit, an applicant shall be given the opportunity to review the provisions of this article.

(2)

Information presented by the applicant for a yard sale permit shall include the following:

a.

The name and address of the person conducting, operating, sponsoring, and/or promoting a sale regulated herein;

b.

Location at which the sale is to be conducted;

c.

The date or dates on which the sale is to be conducted; and

d.

The time period or periods of the day during which it is proposed to carry on the sale.

(3)

If information submitted by the applicant indicates that the proposed yard sale activity will be in compliance with the provisions of this article, a permit for the yard sale shall be issued for a five-dollar charge by the building official of the city. If it is determined by the building official that a permit should not be issued, that determination shall be appealable to the mayor and council. All permits shall be available for official inspection at any and all times during the sale. Each permit shall be valid only for the time and place specified in the application. The word "person" herein shall be taken to mean individuals, firms, corporations, partnerships, clubs, associations or any other such groups.

(c)

Time restrictions. Yard sales may last eight hours a day, no more than two days a week and three times a year at the same residence.

(d)

Area restrictions. Yard sales shall be allowed only on lots within the city containing a residence thereon and zoned for residential purposes or currently being used for residential purposes.

(e)

Traffic and parking. The individual in charge of the premises upon which the sale is conducted shall control the parking of vehicles of patrons so as to avoid congestion and hazardous conditions. Failure to do so shall be sufficient cause for the sale to be immediately terminated by officials of the city.

(f)

Signs; advertising. No signs advertising or calling attention to or giving directions to or in any way advertising or concerning a yard sale shall be permitted other than as provided in the city's sign ordinance except one nonilluminated sign, not to exceed two square feet, may be posted advertising the sale, only on the property listed on the permit and application, as the premises on which the sale is to be conducted.

(g)

Display of merchandise. All display of yard sale merchandise shall be limited to that portion of the front yard area which is at least five feet back from the property line on all sides, and ten feet back from any curb or road edge.

(h)

Commercial promotion of sale activity. No individual, firm, corporation, or partnership shall be permitted to engage in the business of promoting or conducting yard sales for others for a fee or other consideration.

(i)

Inspection for violation. For the purpose of enforcing the provisions of this article, the city, its proper nominees, representatives and employees shall have the right to enter upon any premises showing evidence of a garage sale and may close the premises to such a sale where any provisions of this article are being violated.

(j)

Penalty. Violation of this article shall be deemed a misdemeanor and each day of violation shall be considered a separate offense.

(Ord. No. 0-00-106, § 2, 12-4-2000; Ord. of 5-4-2009)

(a)

Materials composition; percentage. On all nonresidential structures, all exposed exterior wall sidings shall be composed of the following maximum and minimum percentages of materials in each classification. The percentages apply to the side on each exposed exterior call of each building when such wall is primarily visible from any adjacent street right-of-way:

(b)

Materials may be mixed; specifications. Materials from the different categories may be mixed as long as Type A material comprises no less than 40 percent of the total. Materials listed as Type B or C cannot exceed the maximum percentage for their listing.

(1)

Type A material: To consist of face, brick, granite, stone, marble, terrazzo, architecturally treated concrete slabs either fluted or with exposed aggregate, driving, stucco, wood siding, vinyl siding, masonite siding, aluminum siding, insulated window wall panels or stainless steel, porcelain treated steel, anodized or other permanently finished aluminum.

(2)

Type B material: To consist of metal panels (noncorrugated) with a baked-on or acrylic finish which must be expected to retain its appearance without substantial maintenance for a period of ten years, plain reinforced concrete slabs, plain concrete block with sculptured treatment or stack bond with raked joints, T-111 plywood or similar.

(3)

Type C material: To consist of corrugated steel and aluminum without a finish as prescribed in subsection (b)(2) of this section, plain concrete block, masonite, particle board, and wafer board (sheet).

(c)

Materials not listed. Materials not listed may be presented to the director of planning and zoning for classification.

(d)

Special material percentages. Buildings having walls over 20 feet high may be given special material percentages by the director of planning and zoning where warranted.

(Ord. No. 0-00-106, § 2, 12-4-2000)

A mobile home as defined in this zoning ordinance (i.e., manufactured prior to June 15, 1976) is not allowed in any zoning district.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

Prohibited noxious or hazardous products. A manufacturing or industrial activity that produces any of the following as products or byproducts of the manufacturing process is prohibited:

(1)

Caustic or corrosive acids.

(2)

Chlorine or other noxious gasses.

(3)

Explosives.

(4)

Fertilizer or glue.

(5)

Products involving hair or fur.

(b)

Prohibited noxious or hazardous processes. A manufacturing or industrial use that involves any of the following processes is prohibited:

(1)

Tanning or finishing of leather or other hides, except taxidermy.

(2)

The disposal of hazardous waste.

(3)

Petroleum refining.

(4)

Processing of sauerkraut, vinegar or yeast.

(5)

Rendering or refining of fats and oils.

(Ord. No. 0-00-106, § 2, 12-4-2000)

The purpose of this division is to provide standards and regulations to protect the health, safety and general welfare of the citizens of the city. The city recognizes that manufactured housing meets the needs of many city residents for affordable housing and is compatible with site-built housing if developed in accordance with comparable standards. These regulations shall govern the use and operation of all manufactured homes on single lots or within parks used for permanent residential occupancy, as well as recreational vehicle parks used for temporary occupancy, in the incorporated city. It is the intent of these regulations to empower the city planning commission, the county health department, and the building inspections department to review the development of manufactured home sites, manufactured home parks, and recreational vehicle parks within the incorporated areas of the city for the purposes stated in this division.

(Ord. No. 0-00-106, § 2, 12-4-2000)

Nonconforming mobile/manufactured home parks lawfully existing at the time of the adoption of the ordinance from which this division is derived may be continued, but if such nonconforming use is discontinued for a period of 90 days, the mobile/manufactured home park shall be made to conform with the requirements of these regulations prior to its being occupied again. Any expansion or addition to an existing manufactured home park shall be in compliance with these regulations, as amended.

(Ord. No. 0-00-106, § 2, 12-4-2000)

Every person holding title to or possession of a manufactured home which is placed or located within the city limits shall report the location of, and obtain a location decal for, such manufactured home from the county tax commissioner annually, no later than April 1 of each year. Such location decal shall be designed in such manner and affixed to the manufactured home in such manner as to cause it to be easily visible for inspection.

(Ord. No. 0-00-106, § 2, 12-4-2000)

Any owner of a manufactured home, whether locating or relocating such manufactured home, shall obtain a permit from the city building inspector indicating compliance with all applicable codes before any persons are authorized to occupy any newly installed manufactured home.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

A manufactured home permit to move a manufactured home into or within the city shall not be issued by the codes enforcement officer until the following conditions have been met in accordance with established administrative procedures:

(1)

A valid location decal must be issued from the tax commissioner's office and attached to the manufactured home.

(2)

All manufactured homes must be located at an approved manufactured home space, or in an approved manufactured home park, subject to the requirements of this zoning ordinance.

(3)

For individual lots not approved under the manufactured home park regulations, a sanitary permit must be obtained from the county health department for on-site sewage disposal or, in the event that a sewer will be provided, a letter shall be provided by the local government providing the service verifying it will allow public sewer hookup.

(4)

For purposes of this section, the tax commissioner shall issue the aforementioned location decal, the building inspector shall issue the aforementioned building permit, and the health department shall mention the aforementioned sanitary permit. Upon issuance of the required permits, a manufactured home may be moved into the county or within the county and installed for occupancy. All manufactured homes located on individual lots will adhere to the appearance standards set forth in Article 5.1. The type of appearance standard required will depend on the zoning district where the manufactured home is located.

(b)

No zoning district in the county will permit relocation or location of a mobile home built before June 1, 1976. There shall be no conditional uses allowed for mobile homes built prior to June 1, 1976.

(Ord. No. 0-00-106, § 2, 12-4-2000)

A building permit shall be required to locate a manufactured home in the city except under the following condition:

(1)

Manufactured homes may be brought into the city and located on a sales lot of a state-approved dealer as listed in the office of the state safety fire commissioner for sale without a building or sanitary permit. However, under no exception shall any manufactured home, which is located on a sales lot, be occupied unless all permit requirements in these regulations are met. Installation must comply with the Rules and Regulations for Manufactured Homes, Chapter 120-3-7, Appendix A, made and promulgated by the state safety fire commissioner pursuant to authority set forth in O.C.G.A.

(Ord. No. 0-00-106, § 2, 12-4-2000)

The building inspector is authorized to permit the applicable power company to provide temporary power not to exceed 120 volts for the express purpose of completing necessary construction and installation of the manufactured home. This provision specifically does not authorize the permanent power hookup or occupancy of the manufactured home. It shall be unlawful for temporary power to be utilized on a permanent basis or for the occupancy of such home.

(Ord. No. 0-00-106, § 2, 12-4-2000)

Each newly installed manufactured home in the city shall conform to the minimum construction standards required by U.S. Housing and Urban Development (HUD), the National Mobile Home and Safety Standards Act of 1974, and 42 USC 5401 et seq., before that manufactured home is entitled to receive any utility service to said manufactured home. It is the intent of this section of this zoning ordinance to prohibit moving manufactured homes into the city that do not conform to the applicable Housing and Urban Development Construction Standards, as expressed in 42 USC 5401 et seq., and regulations established pursuant to that Act. To that end, no manufactured home shall be allowed to locate or relocate for permanent or temporary occupancy in the city unless that manufactured home complies with the minimum construction standards required by HUD, which compliance must be evidenced by the affixation of a permanent label or tag certifying the compliance. Manufactured homes which do not display certification compliance shall not be eligible for a city building and occupancy permit. Any manufactured home in the city which legally exists at the time of the adoption of the ordinance from which this division is derived that does display certification compliance shall not be required to have certification. However, any manufactured home which does not display certification shall be considered a nonconforming structure and shall not be relocated to any other site within the city.

(Ord. No. 0-00-106, § 2, 12-4-2000)

All newly installed manufactured homes shall be permanently connected to water, sewerage and electrical service in compliance with applicable health codes and Chapter 120-3-7 Rules and Regulations for Manufactured Homes plus Appendix A, made and promulgated by the state safety fire commissioner. All manufactured homes shall be installed on an approved pier system and secured with approved tiedown devices, an approved plumbing system, an approved electrical system and an approved landing at each exit as required by the aforementioned rules, regulations and in compliance with appearance standards for the appropriate zoning district. Each manufactured home shall be installed such that the finished floor level of the manufactured home shall not exceed an average height higher than 80 inches in elevation from the finished grades, in accordance with Chapter 120-3-7 Appendix A. All manufactured homes shall be installed to meet the manufacturer's regulations. At the time of inspection, the space beneath each manufactured home shall be enclosed, with the exception of ventilation and access openings, and according to the appearance standards in Article 5 the manufactured home must be in compliance with (Type I, II or III). The residential zone of each manufactured home will dictate which standard it must meet (see permitted use). A minimum of four ventilation openings shall be provided from the underfloor space to the exterior. The standards are more specifically explained in the Rules and Regulations for Manufactured Homes. The enclosing materials shall extend from the lower edge of the exterior walls of the manufactured home to the ground surface level of the pad on which it is located. All ventilation and access openings shall be covered with wire mesh screen or its equivalent.

(Ord. No. 0-00-106, § 2, 12-4-2000)

The following requirements shall pertain to the installation of manufactured homes on individual lots or in parks:

(1)

Foundation. The building inspector shall require the foundation to be inspected to ensure compliance with the Rules and Regulations for Manufactured Homes, as may be subsequently revised. These Rules and Regulations for Manufactured Homes are incorporated as a part of this zoning ordinance by reference. Until the foundation is inspected and approved by the building inspector, no additional work will be approved.

(2)

Plumbing. The building inspector shall require the external plumbing system to be inspected, including water and sewage hookups, to ensure compliance with Rules and Regulations for Manufactured Homes and the appropriate, applicable, accepted plumbing codes used by the building inspector for site built homes. Until the plumbing system is inspected and approved by the building inspector, no additional work will be approved.

(3)

On-site sewerage. Where individual on-site sewerage systems are installed with public or community water systems, the minimum lot size shall be no less than 20,000 square feet. All on-site sewerage systems shall be subject to county health department approval. Where individual on-site sewerage systems are installed in conjunction with private water systems, the minimum lot size shall be no less than 40,000 square feet.

(4)

Stairs and landings. The building inspector shall require stairs and landings to comply with Section 1108 Stairway Construction of the Georgia State Building Code, as amended, and also to Section P, Appendix A of the Rules and Regulations for Manufactured Hones, as amended.

(5)

Electrical. The building inspector shall require inspection of the electrical system to ensure compliance with the Rules and Regulations for Manufactured Homes and the current national electrical code, as amended.

(6)

Gas. The building inspector shall require inspection of the gas system to ensure compliance with the current standard gas code, as amended. Until these inspections have been made and the manufactured home is found to be in compliance with all applicable codes, no permanent power may be installed, and no occupancy shall be permitted. Evidence of compliance will be shown by written documentation provided to the applicant and a sticker attached to the electrical meter base.

(Ord. No. 0-00-106, § 2, 12-4-2000)

No recreational vehicle shall be permanently occupied within any manufactured home park development nor connected to permanent water or electrical power and no manufactured home location permits shall be issued for recreational vehicles.

(Ord. No. 0-00-106, § 2, 12-4-2000)

All manufactured home parks developed after the adoption of the ordinance from which this division is derived shall meet the following site plan requirements:

(1)

Site plan approval required. All manufactured home park developments shall require site plan approval by the planning commission in accordance with the procedures and requirements established herein. Site plans required herein for the placement of three or more residential units shall contain the seal of a state registered engineer or surveyor. No building permits shall be issued for sites within any development until final approval is granted subject to all park plan requirements.

(2)

Park plan submittal requirements. All park plans shall be submitted to the building inspector or zoning administrator accompanied by the required fee payment as established by the city council and posted in city hall:

a.

The name of the proposed park, and the name, address and telephone number of the applicant.

b.

Location map and legal description of the manufactured home park, north arrow (designated magnetic or true).

c.

Complete plans to scale of one inch equals not more than 100 feet and specifications of the proposed park showing:

1.

The area and dimensions of the tract of land; including topographic data at a contour interval of not more than five feet or an interval appropriate for decision making on the tract; total number of acres; and including the location and type of soils on the tract and a statement of accuracy signed by a surveyor or engineer, as applicable.

2.

The number, location and dimensions of all manufactured home lots.

3.

The location and width of streets; the location and size of drainage mechanisms proposed, including the size of each application drainage area.

4.

The location of service buildings (e.g., laundry service, office, community building, etc.) and other proposed structures.

5.

The location of water and sewer lines and riser pipes.

6.

Plans and specifications of the water supply and refuse and sewerage disposal facilities.

7.

Plans and specifications of all buildings constructed or to be constructed with the park.

8.

The location of street lights, if applicable.

9.

The location of bulk refuse containers, perimeter walls, and park identification signs.

10.

A soil erosion and sedimentation plan meeting the requirements of the Soil Erosion and Sedimentation Act.

11.

Certification from the appropriate authority on water and sewer acceptability.

12.

Location and width of any applicable buffer requirements between dissimilar uses as stated in Article 6.

(3)

Development compliance. All required improvements, according to the site plan approved by the planning commission, shall be installed in each phase before the issuance of building permits.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

Soil and ground cover requirements. Exposed ground surfaces in all parts of every manufactured home park shall adhere to the following:

(1)

All streets shall be paved, and in accordance with stipulations as shall be required by the codes enforcement officer to ensure properly constructed streets.

(2)

All areas designated as yards shall be planted with grass or acceptable vegetative shrubs or flowers.

(3)

Any walkways to front or back entrances shall be covered with stone or other solid material capable of preventing soil erosion and eliminating objectionable dust.

(b)

Location and frontage. A manufactured home park development shall be located on property with a minimum frontage of 100 feet on a public street.

(c)

Site drainage requirements. The ground surface in all parts of every park site shall be graded and equipped to drain all water in a safe, efficient manner.

(d)

Streets. All mobile manufactured home parks shall contain a street system designed to provide convenient circulation within the park, and shall have unobstructed access to a public street or highway. The following requirements shall apply to the development of the park street system:

(1)

All internal streets shall be paved and meet the minimum requirements of state department of transportation specifications.

(2)

All cul-de-sacs shall be constructed with a minimum 50-foot radius.

(3)

All park streets shall be maintained in a state of good repair at all times by the owner of the park.

(4)

Street design, base preparations, and surface construction materials shall meet the requirements of a county street and road standards. Written approval of the street system by the codes enforcement officer shall be required before the first building permit is issued.

(e)

Off-street parking requirements. A minimum of two off-street parking spaces per lot shall be provided in all manufactured home parks for the use of park occupants and guests.

(f)

Lot area and width. A manufactured home park development shall have a minimum area of five contiguous acres. Individual unit spaces shall meet the minimum lot requirements of the R-6 zoning district. In cases where individual water and sewer systems are used, the lot area and width shall be consistent with the regulations of the county health department. If either a public water or public sewerage system is provided, the lot area and width shall conform to the R-6 zoning district minimum lot size standards.

(g)

Recreation and other community facilities. Not less than ten percent of the total area of the development shall be devoted to recreation and other facilities for those parks containing 20 or more acres or 25 or more units.

(h)

Setbacks required.

(1)

No manufactured home or accessory building or structure shall be located closer than 50 feet to any park perimeter property boundary which abuts a dissimilar zoning district. Where manufactured home, accessory building or structure abut the same zoning district there shall be 25 feet to any park perimeter property boundary.

(2)

Each manufactured home shall be setback from any other manufactured home by at least 30 feet.

(3)

There shall be a minimum distance of 25 feet between any individual manufactured home and an adjoining street, common parking areas or other common areas.

(4)

On-site systems shall be allowed to extend into all setback areas provided a minimum 25-foot setback is maintained from the park perimeter.

(i)

Perimeter buffer between dissimilar zoning districts required. An undisturbed buffer consisting of trees and other landscaping material at least 50 feet in width shall be provided and maintained around the entire exterior perimeter of a manufactured home park when abutting a dissimilar zoning district. Provided, however, any underground utilities may be placed within this buffer, but no closer than 25 feet from the perimeter of the park boundary. The property owner shall be responsible for the maintenance of the buffer, which shall be so maintained as to present a neat and orderly appearance and shall be kept free from refuse and debris. The perimeter buffer may be required to be enlarged when adjacent to a dissimilar use as stated and described in Article 6.

(j)

Lighting. All manufactured home parks shall have lighting of height, spacing and intensity so that each home site's access and parking is appropriately illuminated. Mercury vapor, high or low pressure sodium lights or any equal lighting apparatus shall be installed at not more than 200-foot intervals with a minimum height of 18 feet.

(k)

Water supply.

(1)

Governmental water system. All manufactured homes parks shall connect to an existing public water system if such system is located within 1,000 feet of the proposed park. The availability and adequacy of a public water supply shall be confirmed by the applicable agency having jurisdiction. If the public water supply is determined to be unavailable or inadequate for service, the planning commission may waive the requirement and allow an alternative water supply source.

(2)

Nongovernmental water system. If a single well is proposed to serve 15 or more service connections, or 25 or more persons, then such well and water distribution system must meet the standards for a community water system in accordance with the Rules of the Georgia Department of Natural Resources, Environmental Protection Division, Chapter 391-3-5, Rules for Safe Drinking Water, as amended.

(3)

Individual water system. If individual wells are used, each well may be permitted to serve up to four service connections, provided that the construction method of each well shall meet the standards in accordance with the Water Well Standard Act of 1991, as amended.

(l)

Sewerage disposal and treatment. All manufactured home parks shall be required to provide either:

(1)

A public or community sewerage treatment system approved by the state department of human resources, environmental protection division; or

(2)

An on-site sewerage management system approved by the county health department.

(m)

Electricity. All electric installations shall meet the requirements of the current National Electric Code, as amended.

(n)

Refuse collection facilities. Each manufactured home park shall be provided with a sanitary method of solid waste collection and disposal. Collection facilities shall be either in the form of bulk containers, or dumpsters, of sufficient size and adequately distributed throughout the park to meet the needs of the park residents, or at least two individually covered refuse containers having a capacity of 30 gallons or less for each occupied lot. Bulk containers shall either be enclosed with a minimum of a four-foot-high chainlink fence and placed upon a concrete pad, extending at least 18 inches around each container perimeter. If individual containers are utilized, stands must be provided to hold the refuse containers upright. Collection services shall be provided at least once weekly in accordance with standard solid waste collection for the city. Refuse areas shall be maintained in a clean, sanitary manner so as not to attract, harbor or breed insects, rodents or any manner of vermin or pest.

(o)

Service buildings. Accessory structures and community service facilities are hereby permitted for the convenience and well-being of park residents. Such structures shall conform to the state building codes adopted by the city, as amended, and may include, but are not limited to, the following uses:

(1)

Park management offices, repair shops, and storage.

(2)

Community postal facilities.

(3)

Indoor community recreation areas.

(4)

Commercial uses supplying essential goods or services for park residents.

(p)

Miscellaneous requirements.

(1)

Listings of manufactured homes required. Every person or other entity owning or operating a manufactured home park, and each such entity engaged in the sale or rental of manufactured homes or lots upon which to place them, shall furnish the county tax commissioner on January 1 and July 1 of each year with a complete list of all manufactured homes parked or rented or otherwise located upon the property of the entity or in a park operated by an entity.

(2)

Restrictions on occupancy. A manufactured home shall not be occupied for dwelling purposes unless it has met the installation requirements in this zoning ordinance upon inspection by the codes enforcement officer.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

Flood hazard overlay district takes precedence over zoning districts. Notwithstanding the uses permitted for the zoning district applying to the property, no building or structure or land shall hereafter be used or occupied as herein provided and no building or structure or part thereof shall be erected, constructed, reconstructed, removed or altered except in conformity with the requirements of this section when such lands fall within the flood hazard overlay district. Where this overlay district coincides with any other overlay district, the most restrictive requirements shall apply.

(b)

Uses permitted in flood hazard areas. Within the FH flood hazard overlay district the following uses are permitted if otherwise permitted within the zoning district:

(1)

Agriculture, including forestry and livestock raising, requiring no structure within the flood hazard area except structures for temporary shelter, and including agriculture and forestry access roads.

(2)

Dams, provided they are constructed in accordance with specification of the USDA Soil Conservation Service, or the U.S. Army Corps of Engineers.

(3)

Public parks and recreation areas and facilities including, but not limited to, boat ramps, docks, parking areas, and recreation facilities such as private and commercial recreation developments, and campgrounds.

(4)

Fences having sufficient open area to permit the free flow of water and debris.

(5)

Roads and parking areas constructed in such a manner as to permit the free flow of floodwaters.

(6)

Public utility poles, towers, pipelines, sewers, streets, and similar facilities, provided they are constructed in such a manner as to permit the free flow of floodwaters.

(7)

Signs, provided they permit the free flow of water.

(8)

Other uses may be permitted by special use permit provided they are in accordance with all provisions of this zoning ordinance. Such uses include, but are not limited to, the following:

a.

Landing field or heliport;

b.

Extraction or removal of sand, gravel, earth, clay or other natural resources;

c.

Greenhouse;

d.

Plant nursery or truck garden;

e.

Radio, television or similar towers;

f.

Accessory parking areas;

g.

Temporary sawmill or similar towers;

h.

Accessory parking areas;

i.

Temporary sawmill or similar;

j.

Outdoor recreation or amusement; and

k.

Fairs, expositions, and the like.

(9)

Any use otherwise permitted by the applicable zoning district regulations provided development complies with the provisions of this zoning ordinance.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

Authority. The Official State of Georgia Department of Natural Resources Rules for Environmental Planning Criteria (Chapter 391-3-16), established pursuant to O.C.G.A. §§ 12-5-440 through 12-5-457, and other relevant rules and statutes.

(b)

Definitions. These definitions are also contained in article I of this zoning ordinance. The following words, terms and phrases, when used in this subdivision, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Aquifer means any stratum or zone of rock beneath the surface of the earth capable of containing or producing water from a well.

Base zone means the primary zoning designation of a property that confers restrictions on buildings and land use. All property in the city has one base zone (such as R-2 single-family residential or CG general commercial), but properties may be further regulated by one or more overlay zoning districts.

Creek. See Stream.

Free-flowing creek, stream, or river. See Regulated stream.

Impervious surface means manmade structures, improvements and surfaces that prevent or significantly limit the infiltration of storm water. Examples of impervious structures and improvements are: buildings, structures, roads, driveways, parking lots, decks, swimming pools, patios, and sidewalks. Examples of impervious materials often used to construct such improvements are: asphalt, concrete, gravel, brick, stone, wood, asphalt shingles, metal, and composite materials.

Overlay zone means a zoning district, which may be placed on property in addition to its base zoning. Property may be regulated by a single or by multiple overlay zones.

Recharge area means any portion of the earth's surface, where water infiltrates into the ground to replenish an aquifer.

Regulated stream. See Stream, regulated.

River means a natural, free-flowing watercourse that is typically of greater volume than a stream or creek.

Significant recharge area means those areas mapped by the state department of natural resources in Hydrologic Atlas 18 (1989 edition).

Stream means a natural, free-flowing watercourse with either constant or intermittent flow of moderate volume typically less than that of a river.

Stream buffer means a strip of natural indigenous vegetation (of width determined by the watershed protection regulations) adjacent and parallel to the bank of a regulated stream designed to preserve and improve the quality of water within the regulated stream and its watershed.

Stream, regulated, means a natural, free-flowing watercourse that meets certain criteria as established within the watershed protection district regulations. Such streams are subject to the requirements of the watershed protection district regulations.

Watershed means the total area of land that is drained by a river or stream and its tributaries.

Wetland means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. The ecological parameters for designating wetlands include hydric soils, hydrophytic vegetation, and hydrological conditions that involve a temporary or permanent source of water to cause soil saturation.

Wetlands, jurisdictional, means an area that meets the definitional requirements for wetlands as determined by the U.S. Army Corps of Engineers.

(Ord. No. 0-00-106, § 2, 12-4-2000)

These districts shall overlay the base zoning of properties so that all land within the various environmental overlay districts shall also have a base zoning classification. Each parcel within these overlay districts shall be subject to the regulations of both the base zoning district and the overlay district within which it lies. If there is a conflict or redundancy between the regulations and standards of the base zone and the overlay zone, the more restrictive regulation shall govern.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

Groundwater recharge area protection district (GW). The GW district is established to protect the quality of groundwater by regulating land uses within significant groundwater recharge areas. This is necessary to protect the public health, safety, and welfare, particularly those persons and communities who rely on groundwater as their source of potable water supply. The GW district is mapped on the official zoning map corresponding to the areas mapped as significant recharge areas by the Georgia Department of Natural Resources in Hydrologic Atlas 18, 1989 edition.

(1)

No construction may proceed on a building or mobile home to be served by a septic tank unless the county health department first approves the proposed septic tank installations as meeting the requirements of the Georgia Department of Human Resources for On-Site Sewage Management (DHR Manual), and subsections (a)(2) and (3) of this section.

(2)

New homes served by a septic tank/drain field system shall be on lots having at least 110 percent of the subdivision minimum lot size calculated based on application of Table MT-1 in the DHR Manual. The minimums set forth in Table MT-1 may be increased further based on consideration of other factors (set forth in Sections A-F) of the DHR Manual. However, any lot of record approved prior to the adoption of these regulations is exempt from this requirement.

(3)

New mobile home parks shall be served by sanitary sewer.

(4)

New agriculture waste impoundment sites shall be lined if they exceed 50 acre-feet. As a minimum, the liner shall be constructed of compacted clay having a thickness of one foot and a vertical hydraulic conductivity of less than five by 10.7 cm/Sec. or other criteria established by the Natural Resource and Conservation Service.

(5)

New aboveground chemical or petroleum storage tanks, having a minimum volume of such tanks or 110 percent of the volume of the largest tank in a cluster of tanks. Such tanks used for agricultural purposes are exempt, provided they comply with all federal requirements.

(6)

New facilities that handle hazardous materials of the types listed in Section 312 of the Resource Conservation and Recovery Act of 1976 (excluding underground storage tanks) and in amounts of 10,000 pounds or more on any one day shall perform their operations on impervious surfaces and in conformance with any applicable federal spill prevention requirements and local fire code requirements.

(b)

Wetlands protection district (WP).

(1)

The WP district is established to promote the protection of wetlands in the city, which are indispensable, fragile natural resources with significant development constraints due to flooding, erosion, and soils limitations. Furthermore, they provide habitat areas for fish, wildlife, and vegetation; water quality maintenance and pollution control; flood control; erosion control; opportunities for study and education; and space and recreational opportunities.

(2)

Wetlands are commonly lost or impaired by draining, dredging, filling, excavating, building, pollution, and other acts. Piecemeal and cumulative losses will have the effect of destroying additional wetlands over time. Damaging or destroying wetlands threatens public safety and the general welfare. The WP district shall comprise the following two categories: all lands mapped as wetland areas by the U.S. Fish and Wildlife Service National Wetlands Inventory Maps (Generalized Wetlands Map); and all lands that, in the course of development review, are determined by the city to have significant evidence of wetlands.

(3)

The generalized wetlands map is hereby adopted by reference and declared to be a part of this zoning ordinance, together with all explanatory matter thereon and attached thereto. The generalized wetlands map cannot serve (and therefore should not be used) as a substitute for a delineation of jurisdictional wetland boundaries by the U.S. Army Corps of Engineers, as required by Section 404 of the Clean Water Act, as amended. Any action by the city under this zoning ordinance does not relieve the landowner from federal or state permitting requirements.

(4)

No activity which will, or which may reasonably be expected to, result in the discharge of dredged or fill material in waters of the U.S. (excepting those activities exempted in Section 404 of the Federal Clean Water Act) will be permitted within the WP district without written permission or a permit from the city. A wetlands delineation by the U.S. Army Corps of Engineers shall be required in the following circumstances:

a.

If the area proposed for development is located within 100 feet of an area delineated as wetlands by the generalized wetlands map as determined by city staff.

b.

If an area within a development site is determined by city staff to have significant evidence of wetlands.

(5)

If the corps determines that wetlands are present on a proposed development site, the local permit or permission will not be granted until a Section 404 permit or letter of permission is issued.

(6)

The following uses shall be allowed as of right within the wetlands protection district to the extent that they are not prohibited by any other ordinance or law, including laws of trespass, provided they do not require structures, grading, fill, draining, or dredging except as provided herein, and provided they have no impact on a navigable waterway that would necessitate acquisition of a Section 404 permit or a permit under Section 10 of the Rivers and Harbors Act.

a.

Conservation or preservation of soil, water, vegetation, fish, and other wildlife, provided it does not affect waters of the state or of the United States in such a way that would require an individual Section 404 permit.

b.

Outdoor passive recreational activities, including fishing, bird watching, hiking, boating, horseback riding, and canoeing.

c.

Forestry practices applied in accordance with best management practices approved by the state forestry commission and as specified in Section 404 of the Clean Water Act.

d.

The cultivation of agricultural crops. Agricultural activities shall be subject to best management practices approved by the state department of agriculture.

e.

The pasturing of livestock, provided that riparian wetlands are protected, that soil profiles are not disturbed and the approved agricultural best management practices are followed.

f.

Education, scientific research, and nature trails.

(7)

The following uses are prohibited within the wetlands protection district.

a.

Receiving areas for toxic or hazardous waste or other contaminants;

b.

Hazardous or sanitary waste landfills;

c.

Any other use not specifically exempted as noted above or properly approved by the city and relevant state and federal agencies.

(c)

Watershed protection districts.

(1)

In order to provide that the health, safety, welfare, and quality of life of the public drinking water is ensured, land disturbance and development can increase erosion and sedimentation that decreases the storage capacity of reservoirs. In addition, stormwater runoff, particularly from impervious surfaces, can introduce toxins, nutrients, and sediment into drinking water supplies, making water treatment more complicated and expensive and rendering water resources unusable for recreation.

(2)

The purpose of these districts is to establish measures to protect the quality and quantity of the present and future water supply of the city, as well as the City of Carrollton and jurisdictions downstream from the county; to minimize the transport of pollutants and sediment to the water supply; and to maintain the yield of water supply watersheds.

(3)

These district regulations are designed for compliance with O.C.G.A. § 12-2-8 and the Official Georgia Department of Natural Resources Rules for Environmental Planning, as well as for consistency with goals 2 through 5 of chapter 5 of the 1994 city comprehensive plan. All land within the incorporated area of the city is regulated by one of the watershed protection districts. The districts are established and designated on the official zoning map corresponding to the topographical features that delimit the drainage basins of the respective creeks, rivers and reservoirs.

(4)

General regulations for all watershed protection districts.

a.

Required stream buffers, but not regulated streams or wetlands, may be included in the gross land area for purposes of calculation of the percentage of a site's impervious surface area.

b.

All property within watershed protection districts may be developed or re-developed as permitted by its base zoning, provided the development is also in compliance with these watershed protection regulation.

c.

The following uses are exempt from watershed protection district regulations (with some limitations and conditions as noted):

1.

Development and land use legally established prior to the adoption of these regulations.

2.

Mining activities permitted by the department of natural resources under the Surface Mining Act (outside of stream buffer areas).

3.

Specific forestry and agricultural activities (outside of stream buffer areas) that are consistent with best management practices established by the state forestry commission/department of agriculture and do not impair the quality of streams.

d.

Criteria for regulated streams. All watercourses that appear as a solid or broken line on either the USGS Quadrangle Maps or the SCS Soil Survey for the county, shall be regulated streams if they possess one or more of the following characteristics, as determined by city staff based on data analysis and/or field review:

1.

Evidence of significant water flow along the channel or bed of the watercourse, characterized by one or more of the following:

i.

Hydraulically sorted sediments;

ii.

Scouring or vegetation and vegetative litter; and

iii.

Loosely rooted vegetation caused by the action of moving water.

2.

Evidence of hydric soils, hydrophytic vegetation, or wetlands in or around the channel or bed of the watercourse.

3.

The watercourse drains an area of 20 acres or greater.

e.

Watershed protection regulations table.

Table footnotes

¹ See definition of "regulated stream" and regulated stream criteria in section 38-398(c)(4)d.

² Regulated activities include all impervious surfaces, septic tanks, drain fields, and animal/livestock pasturing, keeping, or grazing.

³ Measured from edge of wetlands where present.

⁴ See definition of "impervious surface." For most development, impervious surface calculations shall be required on a lot-by-lot basis. However, in master planned communities, the maximum percentage can be met on a project-wide basis provided that the project is planned in detail and adequate controls are established (through deed restrictions, zoning plans and conditions, or other mechanisms) to ensure compliance.

f.

Regulatory requirements for stream buffers. All stream buffer areas shall be maintained with appropriate indigenous plant species for the maintenance of groundcover and limitation of erosion. Undisturbed natural vegetation is reestablishment of indigenous vegetation and ground cover is encouraged. No construction, grading, clearing, grubbing, excavating, filling, or other land disturbing activity shall be permitted within the stream buffer. As an exception to this rule, the following limited uses maybe established within the buffer provided that: land disturbance and impact in the stream buffer is minimized to the greatest extent possible; proper soil erosion and sedimentation control is established and maintained; and the disturbed area is stabilized and appropriately revegetated approved as soon as possible following the completion of approved wok within the buffer.

1.

Sanitary sewer lines may be located along and across stream buffers, if it is determined by WSA that no reasonable design alternative exists.

2.

Other utility lines may cross-stream buffers, when it is determined by the utility provider that no reasonable design alternative exists.

3.

Private driveways and public roads may cross stream buffers as near as possible to 90 degrees when necessary and as approved by the city in the subdivision or development review process.

4.

Recreational amenities (such as trails, wildlife observation stands, and other low impact uses) when approved by the city as an element of a development plan.

5.

Cutting and clearing (with handheld tools) of live trees less than two inches in caliper measure at a point 4½ feet above grade, and dead trees, provided the stumps and root structure of trees are left in place to ensure minimal soil erosion potential.

g.

Regulatory requirements for reservoir buffer.

1.

Buffers around public water supply reservoirs shall be maintained as required in the watershed management plans for the respective reservoirs. In no case shall the required buffer be less than 150 feet in width.

2.

Buffers around private reservoirs shall meet the same criteria as for stream buffers in section 38-398(c)(4)f. However, all improved areas within the required buffers of existing private reservoirs (e.g., lawns, docks, patios, etc.) may continue to be maintained, as they exist at the time of the adoption of these regulations.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

Purpose. This division sets out the requirements and restrictions that apply to all signs that may be located on properties in the city.

(b)

Objectives of sign regulations.

(1)

The purpose of the sign regulations of the city is to recognize that although signs and advertising are proper and necessary uses of private property, they are a means of personal free expression, and constitute a legitimate business entitled to the protection of the law, such signs and advertising should be reasonably regulated in the interest of public safety and welfare, and aesthetic concerns by the establishment of standards for the location, size, district, illumination, number, construction and maintenance of all signs and advertising structures in the city.

(2)

In order to protect the public safety, to ensure compatibility of signs with surrounding land uses, to enhance the business and economy of the city, to protect the public investment in the streets and highways, to maintain the tranquil environment of residential areas, to promote industry and commerce, to provide an aesthetically appealing environment, and to provide for the orderly and reasonable display of advertising for the benefit of all its citizens, the city council hereby determines that the public health, safety and welfare, and to eliminate visual clutter and blight, require the adoption of this division.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

The requirements of this division shall apply to all properties, regardless of zoning district.

(b)

The requirements of this division shall apply to all signs that are visible from a street, public right-of-way or property in public ownership.

(Ord. No. 0-00-106, § 2, 12-4-2000)

All signs located on sites within 660 feet of or visible from any, U.S. or interstate numbered highway shall conform to the state outdoor advertising law (O.C.G.A. § 32-6-70 et seq.) and shall meet all federal and state requirements necessary to obtain a permit under such code. In instances where the sign controls of this division are more restrictive, the terms of this division shall apply.

(Ord. No. 0-00-106, § 2, 12-4-2000)

The following types of signs shall be prohibited unless permitted as a temporary sign in a district where temporary signs are authorized:

(1)

Signs imitating warning signals; signs displaying lights resembling the flashing lights customarily used in traffic signals or in police, fire, ambulance or rescue vehicles; signs using words, slogans, dimensional shape or size, or colors of governmental traffic signs.

(2)

Signs with electric, neon (except in the historic district) or other lights flashing in series, lines, or rows.

(3)

Flashing, blinking, fluctuating, or otherwise animated signs located within 25 feet of any road right-of-way; signs with blue, red or yellow lights.

(4)

Signs attached to trees or utility poles or boxes; signs painted on or otherwise attached to rocks or other natural objects; signs, other than those placed by a local, state or federal government, located within the public street right-of-way or within 12 feet of the curb or closest edge of the pavement of any public street.

(5)

Signs emitting or utilizing in any manner any sound capable of being detected on a public road by a person of normally hearing.

(6)

Signs which obstruct any fire escape, any means of egress or ventilation, or prevent free passage from one part of a roof to any other part thereof; signs attached in any manner to any fire escape.

(7)

All flags (except those not defined as signs), pennants, banners, fringe, twirling, A-frame, sandwich-type, sidewalk or curb-type signs, balloons, streamers, portable display signs, air or gas filled figures, and other similar temporary signs.

(8)

Except as permitted in the historic district, roof signs, portable display signs.

(9)

Signs placed in or obstructing the view of marshland.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

Generally. The director of planning and zoning is authorized to issue permits for temporary signs in accordance with the following:

(1)

Setback. All temporary signs shall be set back no less than 12 feet from any street right-of-way line or property line.

(2)

Maximum number of days. The maximum number of temporary sign permits to be issued for any promise shall be one temporary permit every six-month period. Each temporary permit will be for a period of time not to exceed 16 consecutive days for each issuance. No individual business in a planned commercial center shall be allowed to erect a portable sign or be issued such a permit.

(3)

No temporary sign shall be erected for a period exceeding 60 days. After 60 days, a certificate of approval is required from the city clerk.

(4)

All temporary signs shall have the date it is first displayed written in the lower right-hand corner, if such sign fails to have the first display date written in the lower right-hand corner then it will be presumed that the sign has been displayed for the maximum 60-day period.

(b)

Portable display signs. The city clerk is hereby authorized to issue temporary permits for portable display signs. An applicant for a temporary permit to erect a portable display sign shall, in addition to any fee required, file a bond issued by a licensed surety company in the state or a cash bond, in the amount of $500.00, to ensure the prompt and complete removal of such signs by the permit holder within 48 hours of the expiration of such temporary permit.

(c)

Temporary permit for flags, pennants, etc. The city clerk is hereby authorized to issue a temporary permit for flags, pennants, fringe, twirling, A-frame, sandwich-type, sidewalk or curb-type signs, balloons, air or gas-filled figures and other similar temporary signs attached to or adjacent to a building or structure. One temporary permit for a combination of the listed types of temporary sign may be issued if all the temporary signs are for a concurrent time period. A temporary permit for 16 days may be issued provided that at least 60 days has elapsed since the last such permit expired. The permit holder shall be responsible for the prompt and complete removal of such signs upon the expiration of such temporary permit.

(d)

Temporary permit for banners. The city clerk is hereby authorized to issue a temporary permit for banners attached to or adjacent to a building or structure. One temporary permit for a banner may be issued for 90 days per year from the date of issuance of the first permit. The permit holder shall be responsible to specify in advance which days the banner will be erected and for the prompt and complete removal of such signs upon the expiration of the temporary permit.

(e)

Temporary political/special event signs.

(1)

Location and number. A temporary political or special event sign may be placed along the streets of the City of Temple with one sign per candidate for office per lot. The signs shall be ground or pole signs and shall be setback from right of way. The maximum height for such sign shall be eight feet measuring from the grade level of the sign. The total area of the sign shall not exceed 16 square feet. No sign shall be placed onto private property without the consent of the property owner.

(2)

Time. No political event sign may be erected prior to the date on which candidates may qualify for such office or position as established by federal, state and local law or filing of the issue for the certification of the ballot.

(3)

Removal. All temporary special event and political signs authorized by the City of Temple shall be removed no later than seven days after such event or election has been held. Following the seven days, the City of Temple will remove such signs and discard the same. The city may remove any temporary sign not in conformance with the requirements of this subsection. There will be no deposit or permit required for temporary political signs. Such deposits and permits will be required for all other temporary signs.

(Ord. No. 0-00-106, § 2, 12-4-2000; Ord. of 10-7-2010)

(a)

Signs on the side of the entrance. All permanent subdivision signs shall be no less than 12 feet from any street right-of-way line.

(b)

Plans. Prints or drawings of the plans and specifications and structural details of construction shall be submitted to the city manager, city clerk or city engineer for approval, prior to final plat approval, for any permanent subdivision sign.

(c)

Maintenance. The city shall not be responsible to maintain any permanent subdivision sign within or outside of the street right-of-way. If a permanent subdivision sign within an island in the street right-of-way is allowed to become dilapidated, the city reserves the right to remove such sign.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

Signs on the side of the entrance. All directional signs shall be made of durable materials, no more than 30 inches in height and may be placed in the street right-of-way if, in the discretion of the city clerk, such placement is necessary to safely direct movement onto or within the premises. The city clerk may approve an application for a directional sign that specifies the proposed location and size of such sign. No more than two directional signs per entrance/exit shall be allowed on any lot.

(b)

Maintenance. The city shall not be responsible to maintain any directional sign within the street right-of-way. If a directional sign within the street right-of-way becomes or is deemed a safety hazard by the city clerk, the city reserves the right to remove it.

(Ord. No. 0-00-106, § 2, 12-4-2000)

In order to determine compliance with the maximum allowable sign areas permitted under this division, the area of a sign shall be considered the area of the sign structure unless otherwise stated. The area of a sign structure (for freestanding signs) and the area of a sign face (for building signs) shall be computed as follows:

(1)

Area of sign structure (for freestanding signs).

a.

The area of a sign structure shall be computed as the area within the smallest rectangle enclosing the limits of the surface of a sign whereon the sign face or sign face modules may be placed, including all portions of a sign structure that provide a background for the sign face but are not intended to contain any message or idea and are purely structural or decorative in nature.

b.

Any open space contained within the limits of the rectangle delimiting the sign face, sign face module, or sign structure shall be included in the computation of the area of such sign face, sign face module, or sign structure.

c.

For multifaced signs, when the sign face surfaces are parallel, or back-to-back, or where the interior angle formed by the faces is 45 degrees or less, the area of the sign shall be the total area on all sides that can be viewed at one time from any angle.

(2)

Area of sign face (for building signs).

a.

The area of a sign face shall be computed as the area within the smallest rectangle enclosing the limits of a sign face, or the combination of the areas of all such rectangles delimiting each sign face module, together with any frame or material, texture, or coloring forming an integral part of the sign face or used to differentiate the sign face from the structure upon which it is placed.

b.

The computation of the area of a sign face shall not include the structure, supports or uprights on which the sign face is placed or any portions of a sign structure that are not intended to contain any message or idea and are purely structural or decorative in nature, other than those portions contained within the rectangle that delimits the sign face or a sign face module.

c.

For any sign on which the words, letters, figures, symbols, logos, fixtures, colors, or other design elements routinely change or are intended to be changed from time to time, the sign face area shall include the entire area within which any words, letters, figures, symbols, logos, fixtures, colors, or other design elements may be placed, together with any frame or material, texture, or color forming an integral part of the sign face or used to differentiate the sign face from the structure upon which it is placed.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

Multifamily residential not included.

(1)

Any developed property, which is zoned multifamily residential, and is not located within the historic district, shall comply with the requirements of section 38-533

(2)

Any developed residential property which is located within the historic district shall comply with the requirements of section 38-535

(b)

Other than multifamily residential. Any developed residential property which is zoned other than multifamily residential, and is not located within the historic district, may post only such signs as are authorized by this section, and shall comply with the following requirements:

(1)

Freestanding signs, wall signs. Such property may contain not more than one freestanding sign or wall sign, the area of which may be not greater than 16 square feet; any freestanding sign shall be 12 feet in height or shorter and shall be set back so that their support members are located no closer than 12 feet from the back of the curb or from the edge of the pavement on streets with no curbing, and no part of the face is closer than 12 feet to the back of the curb or from the edge of the pavement on streets with no curbing. Signs shall not project over property lines. Provided, however, that an unlimited number of freestanding signs are allowed during a political election, between the date of close of filing for qualification of candidates and final determination on each ballot issue or candidate. No fee and no permit are required for such freestanding signs.

(2)

Standard informational signs. In addition to any other sign authorized by this section, such property may contain standard informational signs, without a permit or fee, located so that the stake is not closer than 12 feet to the back of the curb or from the edge of the pavement on streets with no curbing, and no part of the placard is closer than 12 feet to the back of the curb or from the edge of the pavement on streets with no curbing, as follows:

a.

Except as provided in subsections (b)(2)b and c of this section, not more than one standard informational sign;

b.

An unlimited number of standard informational signs are allowed during a political election, between the dare of close of filing for qualification of candidates and final determination on each ballot issue or candidate;

c.

An unlimited number of standard informational signs are allowed on weekends from 5:00 p.m. on Friday until 7:00 a.m. on the following Monday. All such signs shall be located outside the street right-ofway, but set back not further than 30 feet from the curb or edge of pavement. No sign owner shall place or maintain a standard informational sign within 1,000 feet of another sign owned by him, except within 30 feet of the curb or edge of pavement at the corners of street intersections, where signs under common ownership shall be limited to one on each corner of the intersection; T-type intersections shall be considered to have three corners.

(3)

Permanent subdivision signs. In addition to any other sign authorized by this section, if such property is located at the entrance to any residential subdivision, then such property may contain not more than one permanent subdivision sign.

(Ord. No. 0-00-106, § 2, 12-4-2000; Ord. No. 0-01-38, § 1, 6-18-2001)

For properties not located within the historic district, any developed residential property which is zoned multifamily residential and any developed property which is zoned for any commercial, office, or industrial use may post only such signs as are authorized by this section. All signs not expressly authorized by this section are prohibited on such properties. Authorized signs shall comply with the following requirements:

(1)

Freestanding signs. Such property may contain one or more freestanding signs in accordance with the following:

a.

Number of signs, sign area. One freestanding sign limited to 75 square feet of sign area or one square foot per linear foot of lot frontage, whichever is greater, shall be allowed for each street frontage. Exceptionally, any planned commercial center may have one freestanding sign limited to 100 square feet of sign area for each street frontage; no separate freestanding sign other than that permitted by this subsection will be allowed for an individual business in a planned commercial center. If the lot frontage on street is greater then 300 feet, then one additional freestanding sign with the same area limitations may be placed on that street frontage. No freestanding sign shall be closer than 250 feet to any other freestanding sign on any property, as measured from the closest points of each sign. Provided, however, that an unlimited number of freestanding signs with faces of 16 square feet or less and 12 feet in height or shorter are allowed during a political election, between the date of close of filing for qualification of candidates and final determination on each ballot issue or candidate, and during such period there shall be no requirements for spacing between such signs nor for permits for the same.

b.

Reader boards, computation of area. Changeable reader boards, which constitute no more than 50 percent of the total sign area of a freestanding sign and are contained wholly within a permanent freestanding sign shall not be considered in determining the maximum allowable sign area.

c.

Drive-through menu boards. In addition to any other freestanding signs authorized by this section, if such property contains a commercial or industrial building or structure where materials are delivered at a drivethrough delivery point located other than on the front side of the building, then on additional freestanding sign per delivery point shall be allowed to be located on the property in the side or rear yard; no such sign shall exceed 32 square feet in area, nor eight feet in height.

d.

Encroachment, required setbacks. Freestanding signs may encroach into front and side yards provided that their support members are located no closer than 12 feet from the back of the curb or from the edge of the pavement on streets with no curbing, and no part of the face is closer than 12 feet to the back of the curb or from the edge of the pavement on streets with no curbing. Signs shall not project over property lines.

e.

Height restrictions. The height of all freestanding signs at their highest point above the level of the ground shall not exceed 50 feet; provided, however, that a sign located on property adjacent to or within 500 feet of a federal interstate highway may be 70 feet at its highest point; however, if the ground is lower than the level of the adjoining street pavement, then a sign may be raised so as to be no more than 25 feet above the level of the pavement. The level of the ground shall not be altered in such a way as to provide additional sign height.

(2)

Wall signs. In addition to any other signs authorized by this section, such property may contain one or more wall signs, provided that the total sign area for all wall signs on any wall frontage shall not exceed 25 percent of the total area of the wall on that frontage.

(3)

Standard informational signs. In addition to any other sign authorized by this section, such property may contain standard informational signs, without a permit or fee, located so that the stake is not closer than 12 feet to the back of the curb or from the edge of the pavement on streets with no curbing, and no part of the placard is closer than 12 feet to the back of the curb or from the edge of the pavement on streets with no curbing, as follows:

a.

Except as provided in subsections (3)b and c of this section, not more than one standard informational sign.

b.

An unlimited number of standard informational signs are allowed during a political election, between the date of close of filing for qualification of candidates and final determination on each ballot issue or candidate.

c.

An unlimited number of standard informational signs are allowed on weekends from 5:00 p.m. on Friday until 7:00 a.m. on the following Monday. All such signs shall be located outside the street right-of-way, but set back not further than 30 feet from the curb or edge of pavement. No sign owner shall place or maintain a standard informational sign within 1,000 feet of another sign owned by him, except within 30 feet of the curb or edge of pavement at the corners of street intersections, where signs under common ownership shall be limited to one on each corner of the intersection; T-type intersections shall be considered to have three corners.

(4)

Permanent subdivision signs. In addition to any other signs authorized by this section, any such property may contain not more than two directional signs per street entrance, upon proper authorization from the city clerk.

(5)

Directional signs. In addition to any other signs authorized by this section, any such property may contain not more than two directional signs per street entrance, upon proper authorization from the city clerk.

(6)

Temporary signs. In addition to any other signs authorized by this section, any such property may contain temporary signs, as permitted by the city clerk in accordance with this division.

(7)

Billboards. In lieu of all freestanding signs authorized by subsection (1) of this section, any such property located within 500 feet of Interstate Highway 20 may contain one billboard which complies with the following:

a.

Location. All portions of the face and support members of any billboard shall be located within 500 feet of Interstate Highway 20.

b.

Setback requirement. All portions of the face and support members of any billboard shall be setback from all buildings, structures, and property lines at least 75 feet.

c.

Sign area. The sign area of any billboard shall not exceed 12 feet in height and 50 feet in length with or without trim.

d.

Illumination. All illuminated billboards shall use base mounted fluorescent or mercury vapor lights and shall be activated by photoelectric cells. Additional lighting including, but not limited to, neon, animation and running lights, is prohibited.

e.

Height above interstate grade. All billboards on property adjacent to the Interstate Highway 20 shall be a minimum of ten feet above the adjacent interstate pavement measuring from the lowest portion of the sign face.

f.

Extrusions prohibited. Extrusions beyond the face of any billboard, excluding aprons, are prohibited.

g.

Location and number of signs. Only one billboard shall be allowed per lot. No billboard shall be placed on any lot, which contains any freestanding sign. Billboards shall be no less than 1,000 feet apart measuring from the two closest points and only one sign face shall be allowed to face the same direction per location. This allows back-to-back or "V" formation signs but prohibits two signs (side-by-side or over and under) facing the same direction.

h.

Spacing on the interstate. Sign locations on property adjacent to the Interstate Highway 20 shall be no less than 1,000 feet apart, measuring from the two closest points.

i.

Spacing at interchanges. Only three signs shall be allowed per quadrant of an interchange adjacent to the interstate highway. All billboards at highway interchanges are restricted to an area 1,200 feet long beginning 500 feet from the point where the pavement widens on the main traveled way to accommodate the longest exit/entrance ramp.

j.

Height. Billboards shall not exceed 30 feet in height. Two billboards in the same location, back-to-back or in a "V" formation shall be the same height above the interstate surface.

k.

Marsh area prohibitions. No billboard shall be placed in or obstruct the view of marshland.

(Ord. No. 0-00-106, § 2, 12-4-2000; Ord. No. 0-01-38, § 1, 6-18-2001)

Any property which is not occupied on a regular basis and any property which is not developed as defined in this division, whether inside or outside the historic district, may contain only one sign authorized by this section, except during an election period as provided herein. Such property that is also located within the historic district shall also comply with the requirements for that district. Vacant and undeveloped properties shall comply with the following requirements:

(1)

Freestanding signs. Such property may contain one or more freestanding signs in accordance with the following:

a.

Number of signs, sign area. One freestanding sign limited to 75 square feet of sign area is allowed without a permit. Provided, however, that an unlimited number of freestanding signs with faces of 16 square feet or less and 12 feet in height or shorter are allowed during a political election, between the date of close of filing for qualification of candidates and final determination on each ballot issue or candidate, and permits shall not be required for there signs.

b.

Encroachment, required setbacks. Freestanding signs may encroach into front and side yards provided that their support members are located no closer than 12 feet from the back of the curb or from the edge of the pavement on streets with no curbing, and no part of the face is closer than 12 feet to the back of the curb or from the edge of the pavement on streets with no curbing. Signs shall not project over property lines.

c.

Height restrictions. The height of any freestanding sign at its highest point above the level of the ground shall not exceed 50 feet; provided, however, that a sign located on property adjacent to or within 500 feet of a federal interstate highway may be 70 feet at its highest point; however, if the ground is lower than the level of the adjoining street pavement, then a sign may raised so as to be no more than 25 feet above the level of the pavement. The level of the ground shall not be altered in such a way as to provide additional sign height.

(2)

Standard informational signs. In addition to any other sign authorized by this section, such property may contain standard informational signs, without a permit or fee, located so that the stake is not closer than 12 feet to the back of the curb or from the edge of the pavement on streets with no curbing, and no part of the placard is closer than 12 feet to the back of the curb or from the edge of the pavement on streets with no curbing, as follows:

a.

Except as provided in subsections (2)b and c of this section, not more than one standard informational sign;

b.

An unlimited number of standard informational signs are allowed during a political election, between the date of close of filing for qualification of candidates and final determination on each ballot issue or candidate; or

c.

An unlimited number of standard informational signs are allowed on weekends from 5:00 p.m. on Friday until 7:00 a.m. on the following Monday. All such signs shall be located outside the street right-of-way, but set back not further than 30 feet from the curb or edge of pavement. No sign owner shall place or maintain a standard informational sign within 1,000 feet of another sign owned by him, except within 30 feet of the curb or edge of pavement at the corners of street intersections, where signs under common ownership shall be limited to one on each corner of the intersections; T-type intersections shall be considered to have three corners.

(3)

Permanent subdivision signs. In lieu of any other sign authorized by this section, if such property is located at the entrance to any subdivision, then such property may contain not more than one permanent subdivision sign.

(4)

Billboards. In lieu of any other sign authorized by this section, any such property located within 500 feet of Interstate Highway 20 may contain one billboard, provided that:

a.

Location. All portions of the face and support members of any billboard shall be located within 500 feet of Interstate Highway 20.

b.

Setback requirement. All portions of the face and support members of any billboard shall be setback from all buildings, structures, and property lines at least 75 feet.

c.

Sign area. The sign area of any billboard shall not exceed 12 feet in height and 50 feet in length with or without trim.

d.

Illumination. All illuminated billboards shall use base-mounted fluorescent or mercury vapor lights and shall be activated by photoelectric cells. Additional lighting including, but not limited to, neon, animation and running lights, is prohibited.

e.

Height above interstate grade. All billboards on property adjacent to the Interstate Highway 20 shall be a minimum of ten feet above the adjacent interstate pavement measuring from the lowest portion of the sign face.

f.

Extrusions prohibited. Extrusions beyond the face of any billboard, excluding aprons, are prohibited.

g.

Location and number of signs. Only one billboard shall be allowed per lot. No billboard shall be placed on any lot, which contains any freestanding sign. Billboards shall be no less than 1,000 feet apart measuring from the two closest points and only one sign face shall be allowed to face the same direction per location. This allows back-to-back or "V" formation signs but prohibits two signs (side-by-side or over and under) facing the same direction.

h.

Spacing on the interstate. Sign locations on property adjacent to the Interstate Highway 20 shall be no less than 1,000 feet apart, measuring from the two closest points.

i.

Spacing at interchanges. Only three signs shall be allowed per quadrant of an interchange adjacent to the interstate highway. All billboards at highway interchanges are restricted to an area 1,200 feet long beginning 500 feet from the point where the pavement widens on the main traveled way to accommodate the longest exit/entrance ramp.

j.

Height. Billboards shall not exceed 30 feet in height. Two billboards in the same location, back-to-back or in a "V" formation shall be the same height above the interstate surface.

k.

Marsh area prohibitions. No billboard shall be placed in or obstruct the view of marshland.

(Ord. No. 0-00-106, § 2, 12-4-2000; Ord. No. 0-01-38, § 1, 6-18-2001)

(a)

Generally. The Temple Historic District is identified and designated as that area within the city shown and identified on that certain map of the Temple Historic District, as now or hereafter amended, adopted by resolution of the city council. A copy of such map is on file for inspection in the office of the director of planning and zoning and is hereby incorporated in this section by reference.

(b)

Temple Historic Preservation Commission. The Temple Historic Preservation Commission has been created and established. In addition to the duties of the Temple Historic Preservation Commission, the commission shall have the following supplemental duties:

(1)

To review and make recommendations to the city clerk concerning the granting of sign permits within the historic district.

(2)

To establish guidelines for color, size and design of signs which can be approved for use within the historic district.

(3)

To assist downtown merchants in promoting and preserving the aesthetic integrity and atmosphere of the historic district.

(c)

Permits. All signs in the Temple Historic District, with the exception of standard informational signs, certain freestanding signs during an election period as provided in this section, and nonconforming signs as provided for in this division, must be permitted by the director of planning and zoning, but only after such application for such sign has been reviewed by the historic preservation commission and a recommendation on such application has been made to the city clerk. Changes in permitted signs in the historic district shall be subject to O.C.G.A. §§ 44-10-27 and 44-10-28.

(d)

Signs authorized. Any property which is located in the historic district, may post only such signs as are authorized by this section, and shall comply with the following requirements:

(1)

Freestanding signs. Such property may contain one or more freestanding signs in accordance with the following:

a.

Number of signs, sign area. One freestanding sign limited to 75 square feet of sign area or one square foot per linear foot of lot frontage, whichever is greater, shall be allowed for each street frontage. Exceptionally, any planned commercial center may have one freestanding sign limited to 100 square feet of sign area for each street frontage: no separate freestanding sign other than that permitted by this subsection will be allowed for an individual business in a planned commercial center. If the lot frontage on street is greater than 300 feet, then one additional freestanding sign with the same area limitations may be placed on that street frontage. No freestanding sign shall be closer than 250 feet to any other freestanding sign on any property, as measured from the closest points of each sign. Provided, however, that an unlimited number of freestanding signs with faces of 16 square feet or less and 12 feet in height or shorter are allowed during a political election, between the date of close of filing for qualification of candidates and final determination on each ballot issue or candidate, and during such period there shall be no requirements for spacing between such signs nor for permits for the same, nor any for review by the historical preservation commission for such signs of this size.

b.

Reader boards, computation of area. Reader board means any portion of a sign designed for changeable text. A reader board may be incorporated within any freestanding sign but shall constitute no more than six square feet of the freestanding sign and no more than 50 percent of the area of any freestanding sign; any reader board shall not be considered in determining the maximum allowable sign area for any freestanding sign.

c.

Encroachment, required setbacks. Freestanding signs may encroach into front and side yards provided their support members are located no closer than 12 feet from the back of the curb or from the edge of the pavement on streets with no curbing, and no part of the face is closer than 12 feet to the back of the curb or from the edge of the pavement on streets with no curbing. Signs shall not project over property lines.

d.

Height restrictions. The height of all freestanding signs at their highest point above the level of the ground shall not exceed 50 feet; provided, however, that a sign located on property adjacent to or within 500 feet of a federal interstate highway may be 70 feet at its highest point; however, if the ground is lower than the level of the adjoining street pavement, then a sign may be raised so as to be no more than 25 feet above the level of the pavement. The level of the ground shall not be altered in such a way as to provide additional sign height.

(2)

Wall signs. In addition to any other signs authorized by this section, such property may contain not more than one wall sign per wall frontage, provided that the total sign area for all wall signs on any wall frontage shall not exceed 25 percent of the total area of the wall on that frontage. In lieu of all wall signs, such property may contain not more than one awning signs or canopy signs. Such property may contain not more than one wall sign reader board of not more than six square feet in area, which may be separate from any other wall sign and may protrude not more than four inches from any wall adjacent to a public sidewalk. No protruding wall sign shall be placed closer than 12 inches to any other protruding wall sign.

(3)

Standard informational signs. In addition to any other sign authorized by this section, such property may contain standard informational signs, without a permit or fee, located so that the stake is not closer than 12 feet to the back of the curb or from the edge of the pavement on streets with no curbing, and no part of the placard is closer than 12 feet to the back of the curb or from the edge of the pavement on streets with no curbing, as follows:

a.

Except as provided in subsections (d)(3)b and c of this section, not more than one standard informational sign.

b.

An unlimited number of standard informational signs are allowed during a political election, between the date of close of filing for qualification of candidates and final determination on each ballot issue or candidate.

c.

An unlimited number of standard informational signs are allowed on weekends from 5:00 p.m. on Friday until 7:00 a.m. on the following Monday. All such signs shall be located outside the street right-of-way, but set back not further than 30 feet from the curb or edge of pavement. No sign owner shall place or maintain a standard informational sign within 1,000 feet of another sign owned by him, except within 30 feet of the curb or edge of pavement at the corners of street intersections, where signs under common ownership shall be limited to one on each corner of the intersection; T-type intersections shall be considered to have three corners.

(4)

Roof signs. In addition to any other signs authorized by this section, any property may contain not more than one roof sign, which may not protrude beyond the face of the structure to which it is anchored. Roof signs shall be subject to the height restrictions of the zoning district and in no event to exceed ten feet in height. The area of any roof sign shall not exceed five percent of the area of the wall face with which it fronts.

(5)

Directional signs. In addition to any other signs authorized by this section, any such property may contain not more than two directional signs per street entrance, upon proper authorization from the city clerk.

(6)

Temporary signs. In addition to any other signs authorized by this section, any such property may contain temporary signs, as permitted by the city clerk.

(7)

Projecting or overhanging signs. In addition to any other signs authorized be this division, any such property may contain not more than one projecting or overhanging sign. No projecting or overhanging sign shall be greater than 16 square feet in area. No projecting or overhanging sign shall protrude more than 18 inches from the wall to which anchored, and none shall project past any property line (other than the public sidewalk) nor onto any driveway. No projecting or overhanging sign shall hang lower than 80 inches from the ground at its lowest point. No projecting or overhanging sign shall be installed without adequate mounting and assembly approved by the city clerk. All projecting or overhanging signs shall be required to meet the standards of ANSI and ADA.

(8)

A-frame or easel signs. In addition to any other signs authorized by this division, any such property may contain not more than one A-frame or easel sign per street frontage, for which each face shall have an area of not more than ten square feet. No A-frame or easel sign shall be placed on any public sidewalk so as to leave less than five feet of clearance for pedestrians. No A-frame or easel sign shall remain on any public sidewalk adjacent to any business at a time when the business is closed to the public. All A-frame or easel signs shall be adequately weighted or otherwise anchored to prevent accidental movement of the sign and obstruction of any public street.

(e)

Prohibited signs. The following signs are prohibited within the Temple Historic District unless specifically permitted as a temporary sign:

(1)

Billboards, drive through menu boards and permanent subdivision signs.

(2)

Banners, pennants and streamers along or across road rights-of-way, except flags or banners of the United States or other political subdivision thereof.

(3)

Folding signs, portable display signs, and similar movable signs.

(4)

Signs erected on or located on any street or public right-of-way, curbs, curbstone, hydrant, lamppost, trees, barricade, temporary sidewalk, public system except public directory and information signs.

(5)

Signs painted directly on the exterior walls of a building or structure not including graphic designs.

(6)

Signs with revolving or rotating beams of light.

(7)

Rotating signs.

(8)

Signs placed upon a structure in any manner so as to disfigure or conceal any window opening, door or significant architectural feature or detail of any building.

(Ord. No. 0-00-106, § 2, 12-4-2000; Ord. No. 0-01-38, § 1, 6-18-2001)

(a)

A uniform sign plan is required for any planned commercial center, such as a shopping center with three or more establishments, before any signs for the planned commercial center or the center or the center's tenants may be erected on the property.

(b)

The uniform sign plan shall govern the placement and design of all signs within the planned commercial center as to their location, materials, size, letter style, and color.

(c)

A uniform sign plan shall be submitted and approved as follows:

(1)

The uniform sign plan shall consist of such drawings and specifications as may be required to clearly illustrate the location, materials, size, letter style, and color of all and every sign to be placed as freestanding and building signs within the development.

(2)

The uniform sign plan is to be submitted to the city clerk. The uniform sign plan shall be approved upon a finding by the city clerk that:

a.

The plan provides that signs of a similar type and function within the development shall have a consistency of size, lettering style, color scheme, and construction materials so as to present a unified design concept while respecting the differences between tenant types and occupancies.

b.

The signs proposed in the uniform sign plan shall comply with the requirements of this division, such as number, location, and size restrictions.

(d)

All tenants of the planned commercial center, whether an owner, lessee, subtenant, purchaser, or other occupant, shall comply with the approved uniform sign plan.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

Modifications to the restrictions on signage for a specific property or development may be requested for administrative approval.

(b)

Such requests shall be submitted to the city clerk for review and handling.

(c)

A request for modification shall be supported be a uniform sign plan.

(1)

The uniform sign plan shall consist of such drawings and specifications as may be required to clearly illustrate the location, materials, size, letter style, and color of all and every sign to be placed as freestanding and building signs within the development.

(2)

The uniform sign plan shall establish design standards such that signs of a similar type and function within the development shall have a consistency of size, lettering style, color scheme, and construction materials so as to present a unified design concept while respecting the differences between tenant types and occupancies.

(3)

The uniform sign plan is to be submitted to the city clerk. The uniform sign plan shall be approved upon a finding be the city clerk that:

a.

The plan provides that signs of a similar type and function within the development shall have a consistency of size, lettering style, color scheme, and construction materials so as to present a unified design concept while respecting the differences between tenant types and occupancies.

b.

The plan elements are consistent with the intent and objectives of this zoning ordinance.

c.

Denial. If the city clerk denies the requested modification, the applicant may appeal to the board of adjustments and appeals as a special exception, in accordance with the "appeals" article of this zoning ordinance.

d.

All tenants of the property or development, whether an owner, lessee, subtenant, purchaser, or other occupant, shall comply with the approved uniform sign plan.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

Except as otherwise exempted as provided in this section, no sign shall be erected, reconstructed, expanded or replaced without securing a permit from the city clerk in accordance with the "plans and permits" article.

(b)

All nonconforming signs shall be registered with the city clerk within 90 days of the effective date of this zoning ordinance of December 31, 2003.

(c)

A permit and fee shall be required for the following properties:

(1)

Temporary signs;

(2)

Directional signs;

(3)

Freestanding signs on developed residential property which is zoned other than multifamily and is not located in the historic district;

(4)

Freestanding signs (except during election periods as otherwise provided in this division) on any developed multifamily residential property or any developed property which is zoned for any commercial or industrial use; and

(5)

Any other signs not described in subsections (a) and (b) of this section.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

No permit and no fee shall be required for a change of copy on a sign, the customary use of which involves frequent and periodic changes of copy.

(b)

No permit and no fee shall be required for the following:

(1)

Standard informational signs in any district.

(2)

Freestanding signs on vacant or undeveloped property.

(3)

Freestanding signs on developed residential property which is zoned other than R-6 and DCD, and is not located within the historic district.

(c)

A permit but no fee shall be required for all permanent subdivision signs.

(Ord. No. 0-00-106, § 2, 12-4-2000)

Each application for a sign permit shall be in writing and in the form prescribed by the director of planning and zoning and shall contain the following information:

(1)

Name, address and telephone number of the sign erector and sign owner;

(2)

Location of building, structure, or lot which or upon which the sign is to be attached or erected;

(3)

Position of the sign in relation to nearby buildings or structures and to the nearest streets;

(4)

Prints or drawings of the plans and specifications and structural details of construction and attachment to a building or in the ground (a single submission may be permitted for any standardized signs). Signs in excess of a height of 50 feet must be accompanied by stamped engineering drawings;

(5)

Any electrical and building permits required for such sign, or certification from the building official that electrical and building permits are not required;

(6)

A performance bond or cash deposit, if for a temporary permit; and

(7)

An application fee as set by the mayor and council from time to time.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

In all use districts, signs which on the effective date of this zoning ordinance of December 31, 2003, became nonconforming with respect to the requirements set forth in this division may continue in existence so long as the size is not increased beyond that existing as of the effective date of this zoning ordinance, except that no portable display sign shall be considered a nonconforming sign.

(b)

Existing signs which were legally erected which have become nonconforming and do not meet the setback requirements of this division due to a road widening project may be moved to meet the setback requirements of this division but shall not be increased in size, shape or changed in any manner except as to meet the requirements of this division.

(c)

In all use districts, signs which were:

(1)

Illegally erected or maintained with respect to prior ordinances;

(2)

Made of paper, cloth, or nondurable materials (except standard informational signs); and

(3)

Located in the public right-of-way (except as permitted by this zoning ordinance),

shall be prohibited by this division and shall be removed by the owner. Upon failure to comply with requirements of this division, the city clerk or his authorized agent may cause the removal of such at the expense of the owners.

(d)

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

(e)

Minor repairs and maintenance of nonconforming signs such as electrical repairs or lettering repairs shall be allowed. However, no structural repairs or changes in the size or shape of the sign shall be permitted except to make the sign comply with the requirements of this division. Signs damaged by fire or acts of God may be restored to their original condition.

(f)

Existing signs on interstate highways that were legally erected which would become nonconforming as a result of this division would be allowed to remain until purchased by the state department of transportation or the city, provided that the sign owner meets the requirements of state laws, rules and regulations governing such signs.

(g)

Each nonconforming sign shall be registered within 90 days of the enactment date of the ordinance from which this division is derived by the owner, and if it is determined that such nonconforming sign was legally erected under the prior ordinance or resolution requirements then a sign permit shall be issued to the sign owner and the sign so marked with the permit decal. Should the owner of a nonconforming sign fail to register such sign within 90 days from the enactment of the zoning ordinance, such failure to register shall be deemed a violation of this division, and such person, firm or corporation shall be subject to citation in the recorder's court of the city.

(h)

Existing signs on the property of newly annexed territory that were legally erected under the county ordinance which would become nonconforming under this section upon annexation by the city will be allowed to remain. Such signs shall be registered with the city within 90 days of being annexed by the city.

(Ord. No. 0-00-106, § 2, 12-4-2000)