1.

Bed and breakfast ordinance. There are two types of bed and breakfast uses defined in this ordinance, a bed and breakfast and a bed and breakfast inn. A bed and breakfast is permitted in certain residential areas and intended to be residential in nature. Any slight diversion from the bed and breakfast parameters will change a residential use to a commercial use. A bed and breakfast inn is intended for commercial districts only. Therefore, there can be no variance from the regulations specific to a bed and breakfast. Such a variance will alter the use of the property and thus require a change in the zoning district. The regulations that list requirements for both types of bed and breakfast uses are as follows:

Bed and breakfast (residential). Limited to no more than five rental units consisting of sleeping and sanitary accommodations, and one dwelling unit to be owner occupied. The owner is required to live on premise and agree to make available proof of residency. Food service limited to breakfast for guests only and to be served between the hours of 5:00 a.m.—12:00 noon. Under no circumstances will an alcoholic beverage license be issued. No less than one off street parking space per rental unit, and a minimum of two parking spaces for the owner. A buffer is required with a minimum height of six feet. One on premise sign, not to exceed 12 square feet, may either be posted on the building or on a post. A post sign may not exceed a height of six feet from the highest point of the sign. A post sign is to be located no nearer than ten feet of the right-of-way. No signs are to be allowed that are illuminated from within. Post signs may be lit with no more than two spotlights with a maximum wattage of 75 watts per bulb located on each side of the sign. Sign posted on building may be lit with no more than one spotlight with wattage not to exceed 75 watts. All sign designs must be submitted as part of the conditional use permit drawn using a ¼-inch scale. A public hearing before mayor and council is required. This permit is only valid as long as all conditions specified are met.

Bed and breakfast inns (commercial). These land uses are subject to an approved site development plan as required for all commercial development.

2.

Hotel-motel ordinance. Any area designated or to be designated for development of hotels or motels. This district shall be composed of land and structures so situated as to be well adapted to hotel or motel development where the proximity to residential and commercial districts makes it desirable to limit the manner and extent of hotel or motel operations. Development within this district is subject to approval of the governing body. The purpose of this district is to permit the normal operation of a limited number of motel and/or hotel uses under such conditions or operations as will protect the abutting residential and commercial use or other adjacent uses.

Uses permitted. Unless otherwise permitted by this ordinance, no building, land or structure shall be used except for the following:

1.

Motels;

2.

Hotels.

Conditional uses. All other uses not listed as a permitted use shall be subject to approval following a determination of conditions of fact as follows:

1.

The development of such transient lodging use of the location proposed, and in the manner proposed, will not adversely affect the abutting residential and commercial property and other adjoining uses.

2.

The site development for such a transient lodging facility provides for adequate vehicular and pedestrian access and circulation, and the resulting concentration of vehicular traffic will not present traffic problems or impede normal movement on the adjacent streets.

3.

The need for such use is justified on the basis of facts presented by the applicant to the planning and zoning commission which clearly indicates such use would be appropriate, add to the orderly development of the community, and would further the purpose and intent of this ordinance.

Permitted uses and conditional uses shall meet the standards set forth here in below:

(1)

Building footprint. Building and fixed structures for such development shall use no more than 50 percent of the square footage of the lot or lots upon which the development is built.

(2)

Height and setbacks.

a.

Height requirements shall be controlled by section 5-201(2)(B) of the general ordinances of the Town of Thunderbolt.

If a variance in the height is requested and approved, setbacks from the front, rear and side property lines shall be increased two feet for every foot above the 36-foot maximum height requirement.

b.

Minimum front yard setbacks from the property line shall be:

1.

Major arterial street: 85 feet.

2.

Minor or marginal access street: 75 feet.

c.

Minimum side yard setback shall be 15 feet.

d.

Minimum rear set-back lines shall be 30 feet.

(3)

Parking.

a.

There shall be a minimum of one parking space allowed for each guest room and an additional parking space for each two employees. Additionally, there shall be one parking space for each four seats in a restaurant, lounge or outdoor seating area.

b.

Remote parking may be made available for overflow parking only and may not be used to satisfy the requirements stated above. Remote parking shall be located within 600 feet of the hotel/motel. If remote parking is located on a lot designated as R-l or R-2 not more than 25 percent of any such lot may be used for parking.

(4)

Off-street loading. In addition to parking, off-street loading space shall be provided. Such space shall be sufficient to accommodate the maximum number of trucks that would be loading, unloading or stored at any one time; provided. However, that there shall be a minimum of one off-street loading space for each 10,000 square feet of total floor area or fraction thereof. Each such loading space shall not be less than ten feet wide and shall be of such length as is necessary to accommodate the type of cab or truck or bus that will be loading or unloading or parking on a temporary basis. Such loading or unloading space shall not be less than 30 feet in length. Such loading and unloading spaces, including maneuvering space shall be located entirely off street. All such required off street loading and unloading spaces shall be located on the same lot as the building which they are intended to serve.

(5)

Buffers and green space.

(a)

Green space. Sixty-five percent of the designated setback area of a lot shall consist of permanent permeable surface so as to permit the absorption of water and shall not be paved, built upon or covered with manmade material in such a manner so as to interfere with the permeability of the surface.

(b)

Buffers. Where off street parking, loading or surface areas are proposed to be located closer than 50 feet to a lot in an R zoning district or to any lot upon which there exists a dwelling as a permitted use, and where such parking, loading or service areas are not entirely screened visually from such lot by an intervening building or structure, there shall be provided along such lot line a continuous visual buffer of a minimum of six feet. No such buffer shall extend nearer to a street right-of-way line than the established building line of the adjoining residential lot, and no buffer shall be required along a property line immediately adjoining and parallel to a lane. The buffer shall be of a width determined by the governing body, and shall contain within such width a compact evergreen hedge or other type of foliage screening, or combined fence and shrubbery screen, the latter facing the adjoining residential lot.

(c)

Number of trees. If the lot or lots to be built upon contain any trees greater than six inches in diameter such trees shall be identified on a landscape plan both before the project begins and after the project is completed. All green space and buffers shall also be required to be shown on such plans. The pre-project site plan shall be reviewed by the planning and zoning commission who shall make any recommendations or changes it deems advisable to the proposed site plan to the governing body.

(6)

Hotel/motel structure and improvements.

(a)

All hotels and motels shall be constructed in a manner that the rooms are accessed only through an interior hallway. There shall not be any exterior collecting balconies, porches or walkways.

(b)

Sidewalks for pedestrians with curbing and guttering along public paved streets shall be required with such cost to be borne by the developer of the hotel/motel facility.

3.

Personal care homes. A home in which protective care and a watchful oversight is given a resident who needs a watchful environment, but does not have an illness, injury or disability which requires chronic or convalescent care including medical and nursing services. Protective care and watchful oversight includes, but is not limited to, a daily awareness by the management of the resident's functioning, his or her whereabouts, the making and reminding a resident of appointments for medical checkups, the ability to intervene if a crises arises for a resident, supervision in the areas of nutrition, medication and actual provision of transient medical care with 24-hour responsibility for the well-being of the resident but not including facilities for the care of persons suffering from drug addiction, abuse and/or alcoholism (while in recovery rehabilitation or halfway house programs and treatments).

Personal care homes shall be designated in one of three categories as follows:

A.

Family personal care home. A home for the elderly or handicapped adults (in a residence or other type building(s), non-institutional in character), licensed, inspected and regulated by the State of Georgia, offering care for up to six ambulatory persons. Care is limited to six ambulatory persons unless a zoning variance is requested.

B.

Family care home for the mental retarded. A home for individuals who are classified as mentally retarded, which is licensed, inspected and regulated by a State of Georgia agency or by the Georgia Department of Human Resources, and which is under the supervision of a certified state or public local welfare employee. Residents participate in day training or educational programs or are employed outside the home when not under the care of a resident supervisor. Care is limited to six ambulatory persons unless a zoning variance is requested.

C.

Personal care home for conditions other than allowed in a family personal care home or a family care home for the mentally retarded. A home for services to patients for other medical conditions not listed in the first two definitions (A and B). (Note: "Ambulatory" is defined that a person is able to move around and not confined to bed.)

4.

Shipping containers/portable storage units.

(a)

Prohibition. Notwithstanding any other provision (and in particular the definition of "accessory use") of the Zoning Ordinance of the Town of Thunderbolt, except as provided in subsection (b) hereof, it shall be unlawful for any person, firm or other entity to move into the Town of Thunderbolt or erect, any metal containers, shipping containers, other containers sometimes referred to as "PODS" or "MINIS," or any similar container unit originally designed expressly for storage purposes.

(b)

Conditional use. In zoning districts designated WI, or B any such structures or container described in subsection (a) herein above (herein after referred to as "storage units") may be placed upon property in such districts as a conditional use. When considering whether such storage units shall be allowed on any given property in the above referred to zoning districts as a conditional use the zoning commission when making a recommendation or the zoning board of appeals when making a determination shall consider the following:

1.

Whether the property in question is adjacent to a residential zoning district.

2.

Whether the storage units can be placed adequately screened with fencing or other appropriate buffer so as not to be seen from the adjoining property or public right-of-way.

3.

Whether the storage units can be placed upon the property in question outside of public parking areas so as not to diminish parking requirements and so as not to obstruct vehicular traffic or emergency vehicles.

4.

Whether the proposed storage unit is intended to be used on a temporary basis of less than three months or on a long term basis of three months or more.

5.

Whether the applicant is asking for space for one or multiple storage units and the total square feet that is being requested to be used for storage units in relation to the total area of the property.

(c)

In considering the criteria set forth herein above the zoning commission when making a recommendation or the board of zoning appeals when making a determination shall apply minimum criteria as follows:

1.

Buffers shall be constructed of masonry, wood, vegetation, or other materials consistent with the zoning classification, and shall be designed and constructed so as to be visually compatible with the neighborhood. Upon special request and upon recommendation of the zoning commission and approval of the mayor and council, visually compatible painting on the container itself consisting of a mural may be allowed. Materials shall be of a uniform shape, color, and design. The use of plastic sheeting, sheet metal, and/or salvage or similar materials is prohibited.

2.

All buffering shall be properly maintained by the owner. Any missing or damaged part shall be replaced. Painted surfaces shall be repainted and stucco surfaces repaired as necessary to maintain a finished appearance. Weed growth shall be controlled along with the container and its buffer and within an appropriate area surrounding the container and its buffer.

3.

Storage units shall not be stacked except in a WI district and in such district no higher than the buffer approved by the town. All storage units in either a WI or B district shall have fencing or other buffering at least as high as the storage unit. In a WI district the top of the storage units may extend from the ground upward no more than 30 feet except when the storage site on the subject property is of sufficient distance from any public road or adjoining property that when standing on the adjacent property or the public right-of-way the storage units would not be able to be seen because of other buildings, structures or permanent vegetation on the subject property in which event the fencing or other buffering requirements shall be at the discretion of the zoning commission when making a recommendation or the zoning board of appeals when making a decision concerning the requested conditional use. All storage units shall under any circumstances also comply with the general ordinances of the Town of Thunderbolt and also comply with the building codes so that adequate foundations are in place for any allowed storage unit.

4.

Storage units shall not be placed within 25 feet of any side or rear property line or within 25 feet of any power line. Storage units shall not be placed any closer to a (a) front property line or (b) rear or side lot property line that is adjacent to a street right-of-way than (1) the required front setback for the property, (2) the front of the nearest structure to the front property line, or (3) 25 feet whichever distance is greater from the street right-of-way.

(d)

Procedure Notice of the buffering requirements of this ordinance shall be given in writing to the owner of existing storage units by the town administrator or his designated representative. Within 20 days after receiving the notice from the town, the owner shall submit a plan to the zoning commission to provide for appropriate buffering as required herein. The plan at a minimum shall include a plat showing the location of the storage unit on the property in juxtaposition to the property lines and existing structures on the property. The plan shall show the type of buffering that the owner intends to put in place with appropriate construction if the buffering is not to be vegetation so that the building inspector can determine whether the proposed buffering meets applicable building requirements.

1.

The plan presented by the owners shall be considered at the next available zoning commission meeting for a recommendation for approval, denial, or approval upon additional conditions being met.

2.

After action by the zoning commission, the plan submitted by the owner along with the zoning commission's action comments shall be placed on the agenda for the next available mayor and council meeting for final consideration and action. After final action by the mayor and council, the owner shall have 60 days to complete the approved buffering plan.

3.

For any owner who plans to place or erect a new storage unit in the Town of Thunderbolt, the owner shall first make application for such use with the zoning administrator at which time the owner shall submit a plan with the same requirements as set forth hereinabove. After submission of such plan to the zoning administrator, the same procedure as set forth for existing containers shall be followed.

(e)

Permit. After meeting the conditions set forth herein and any special conditions imposed by the town a conditional use permit and building permit must be obtained from the appropriate town official.

(See Article XV of the Zoning Ordinance for initial application requirements).

(f)

Exception.

1.

A storage unit that is to be placed on property in any district but is to remain on the property for seven days or less shall not be subject to the requirements set forth herein.

2.

Small metal buildings (sometimes referred to as "handi-houses") or other types of sheds or storage facilities not exceeding exterior square footage of 120 square feet shall not be considered "storage units" as defined in this ordinance and shall be allowed in zoning districts allowing such a use in the Town of Thunderbolt provided, however, such buildings or structures shall still meet setback requirements for the zoning district in which they are placed or erected and the building code requirements shall still be met by the owner of the property before such structure is erected or placed upon the property.

3.

Storage units placed upon any property for construction purposes shall be allowed on the property from commencement of construction as commencement of construction is defined in Chapter 5 Article II section 5-201(2)(c) of the ordinances of the Town of Thunderbolt and such storage units shall only be allowed to stay on the property during the length of construction but in no event longer than one year and if construction is not completed within one year and the building permit is extended for no more than an additional six months.

(g)

Nonconforming uses Storage units as defined herein which are non conforming uses shall become subject to the rules concerning fencing or other appropriate buffering within 120 days after approval by the mayor and council of the buffering plan.

(h)

Removal. Any storage unit which becomes obsolete, not structurally safe, unclean or in disrepair, or does not meet or maintain the buffering requirements as required herein the discretion of the town building official or code enforcement officer or becomes a nuisance shall be subject to an order of removal. The building official or code enforcement officer shall notify the permittee of any such storage unit to make the unit safe, clean, or in good repair, and/or to meet the buffering requirements. If such corrections are not made within 30 days of such written notice to the permittee, the storage unit shall be considered obsolete and the storage unit shall be permanently removed. If the storage unit is considered a nuisance the procedure for removal of a nuisance found in the town's general ordinances shall be followed. It is the intent of this section that if a storage unit meets any of the above requirements for removal or if a storage unit is found to be a nuisance that it not be allowed to be replaced.

(i)

Conflict/repeal All ordinances or parts of ordinances in conflict herewith are expressly repealed.

(j)

Constitutionality: If any portion of this ordinance shall be held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair the remaining portions unless it clearly appears that such other parts are wholly and necessarily dependent upon the part to be held invalid or unconstitutional.

(Ord. of 8-1-2012; Ord. of 12-9-2020)