Motorists sometimes drive for the inherent pleasure of driving. Driving a scenic road should be a pleasurable recreation experience. When a road passes through an attractive landscape, a considerable portion of a motorist's perceptual activity is directed to the roadside environment. The visual character of a road depends on a number of factors, some of which cannot be significantly modified (e.g., physiography), while others such as land use are more readily subject to change. It is the intent of this article to protect the views from the road to natural conditions, archaeological sites and other features with historic and scenic quality. This article is also intended to regulate land uses so that they will complement rather than detract from a scenic experience. It is also intended to provide tree canopies and to preserve rural character.

Archaeological Site: Ruins, artifacts, structural remains and other resources of types that cannot be commonly found throughout a region or in other places across the country, and/or physical evidence of historic or prehistoric human life or activity.

Historic Quality: Legacies of the past that are distinctly associated with physical elements of the landscape, whether natural or manmade, that are of such historic significance that they educate the viewer and stir appreciation of the past.

Natural Quality: Those features of the visual environment, such as geological formations, fossils, landforms, water bodies, vegetation and wildlife, that are in a relatively undisturbed state. There may be evidence of human activity but the natural features reveal minimal disturbances.

Scenic Corridor: A roadway and its accompanying right-of-way that offers motorists the unobstructed opportunity to view scenic views and scenic sites in one or more directions, and which usually has a high percentage of open landscape within and alongside it. A corridor may include adjacent private property, depending on the context.

Scenic Site: A building, structure, field, resource, natural condition or other feature that has scenic qualities and which has been specifically identified by the county in the natural and historic resources element of its comprehensive plan or other inventory and assessment as worthy of protection because of its scenic qualities.

Scenic View: A scene that offers significant viewing opportunities beyond a distance of one-quarter mile.

Setback: Refer to Article III, Definitions in this ordinance.

Viewshed: The surface area that can be seen from a specific viewpoint along the road.

There is hereby established one or more scenic corridors as shown on the Scenic Corridor Overlay District Map, which is hereby adopted and made a part of this Ordinance. Development within a designated scenic corridor shall comply with the provisions of this Ordinance.

It is the intent that the Scenic Corridor Overlay District shall apply to all properties within 1,000 feet (500 feet on each side of the roadway) of the following roads and highways:

Salem Road—From U.S. 27 to the Harris County line

Flat Shoals Church Road—From the intersection of Salem Road to the intersection with Dennis Smith Road

Dennis Smith Road—From the Troup County line to the intersection with Hamilton Road

I-185—From the I-85 to the Harris County line

All new development within the Scenic Corridor Overlay District shall comply with the provisions of this article, except that the following shall be exempt from compliance with this article:

(a)

Active farm or agricultural-related structures outside the roadway buffer.

(b)

Single-family dwellings and manufactured homes on an existing lot of record.

(c)

Developments existing on the effective date of this ordinance, provided that expansions or additions to existing development on or after the effective date of this ordinance shall be subject to compliance with these regulations.

Any new development that is required to comply with this article shall not be approved until the applicant has submitted an existing conditions map and a site plan of the proposed development. When a preliminary plat is required to be filed for a subdivision (residential or non-residential) in accordance with this Ordinance it shall be administered and enforced at the time a preliminary plat is filed as part of the subdivision review process by the zoning administrator and the planning commission. In other cases such as a development (residential or non-residential) permit or building permit, this article shall be administered and enforced by the zoning administrator and building official in connection with said permitting process.

Development setback. Where feasible, major subdivision developments along scenic corridors shall be designed to contain all interior lots. All developments shall maintain a 100-foot setback for all buildings, structures and property improvements such as parking lots, except for approved road, driveway and utility crossings from the right-of-way.

24.6-1 Roadway Buffer. A roadway buffer of at least 40 feet shall be provided within the required development setback, abutting the right-of-way of the scenic corridor. Where existing trees and significant vegetation exist within the roadway buffer, they shall be retained as determined appropriate and directed by the zoning administrator. Where such existing trees and significant vegetation are sparse, they may require re-vegetation as directed by the zoning administrator. Vegetation within a roadway buffer that is required to remain within a roadway buffer may be pruned and/or removed only if necessary to ensure proper sight visibility, remove safety hazards or dying or diseased vegetation, or for other good cause as approved by the zoning administrator.

24.6-2 Tree Requirement. All development subject to the roadway buffer shall provide a minimum of one tree for each 35 linear feet of road frontage along the scenic corridor. All trees required by this section shall be located within the required development setback and randomly placed on the parcel. All required trees planted within the development setback shall be of a shade-type variety with a minimum caliper of two and one-half inches at planting and an expected height at maturity of at least 30 feet.

24.6-3 Uses within Roadway Buffer. Signage and other minor accessory features of the development may be included within the roadway buffer only if compatible with the purpose of the roadway buffer, subject to the approval of the zoning administrator.

24.6-4 Exceptions to Roadway Buffer for Scenic Viewshed Protection. When the application of the roadway buffer requirement of this article would have the practical effect of screening from view important scenic sites, natural qualities or historic qualities, the zoning administrator may permit a modification of these provisions so that views of such sites or qualities are retained. The intent of this provision is to preserve lines of sight to view scenery from scenic corridors.

24.6-5 Exceptions for Product Viewing. For developments containing commercial uses and which require the display of goods in view from the road, the zoning administrator may, upon application, permit a modification of the development setback, roadway buffer and screening requirements of this article to allow for reasonable but limited view of commercial products from the road, provided that no such product view area shall extend more than 20 percent of the total length of the property frontage along the scenic corridor.

24.6-6 Landscaping Plan. A landscaping plan showing all existing and proposed features, including trees, roadway buffer and other relevant features of the landscape within the development setback, shall be required to be approved by the zoning administrator. Landscaping shall be installed by the development applicant in accordance with the approved landscape plan. Native plant materials are particularly encouraged, although the use of ornamental plant materials (such as azaleas) may be approved by the zoning administrator if planted in a naturalistic manner and allowed to develop in their natural form.

24.7-1 Screening. To the extent that the required roadway buffer does not provide screening of buildings, structures, parking lots and service and loading zones included in a development, except for approved product viewing areas, there shall be additional landscaping, walls, fences, hedges, shrubbery and/or earthen berms required to provide the necessary screening.

24.7-2 Height. No building or structure shall exceed the following height limits, which are designed to have a "step-back" effect to preserve viewsheds. Cross-section drawings showing how proposed structures meet the height requirements of this article may be required by the zoning administrator to ensure compliance with this section.

24.7-3 Utilities. All utility lines serving uses proposed or developed within the scenic corridor, including electric, telephone, data and cable television, shall be installed underground within the roadway buffer and development setback area. Underground utility trenches must be re-vegetated. Utility boxes and cabinets that are now or must, by necessity, be located above ground must be shielded from view from the scenic corridor with existing vegetation and/or re-vegetation. Any above-ground boxes that cannot be buried shall, in addition to being screened by vegetation, shall be painted a neutral or earth tone color or otherwise made to blend in with their surroundings.

24.7-4 Signage. Signs shall be permitted within the roadway buffer required by this article, in accordance with provisions of this section and subject to the approval of the zoning administrator. Signs located outside (beyond) the roadway buffer are not subject to the requirements of this section, but all signs are subject to the sign regulations otherwise stated in this ordinance.

(a)

The total sign area of all signage on any one lot shall not exceed 64 square feet. A double-faced sign shall be considered a single sign. No more than two signs shall be permitted within the roadway buffer area per lot, except that this limitation shall not apply to signs erected by Troup County the Georgia Department of Transportation, the Georgia Department of Natural Resources or other signs owned and erected by a government entity to preserve the public safety, health and welfare.

(b)

The material used to construct the sign, as well as the color of the sign shall be approved by the Zoning Administrator at the time of submittal of plans for the development or rezoning request.

(c)

No internally illuminated signs shall be permitted, nor shall any flashing, blinking, fluctuating or otherwise changing light source be permitted.

24.7-5 Walls and Fences. Walls within or along the roadway buffer shall not be allowed, except for low-lying decorative walls for enhancement of the scenic corridor, or walls that are needed for slope stabilization. Privacy fences shall be permitted within the roadway buffer or development setback area. Where permitted, walls shall be located so that scenic views are maintained. Walls must consist of natural materials and shall only be of those colors that blend with the vegetation or abutting landscape features.

Any provision herein that presents a hardship as defined in Article III of this zoning ordinance shall be subject to the variance procedures as described in article administration.