The provisions of the chapter shall govern all buildings and structures within the incorporated limits of the city.

(Ord. of 6-3-1997, § 1-2; Res. of 11-3-2020, att.(1-2))

This chapter seeks to encourage the development of desirable land use patterns within the city in accordance with the city's comprehensive plan. The promotion of sound land use patterns is intended to reduce or eliminate the occurrence of certain conditions that can threaten the general health, safety and welfare of the residents of the city. This chapter serves the following purposes:

(1)

Promote adequate living conditions and sustained suitability of neighborhoods;

(2)

Protect property against blight and depreciation;

(3)

Promote the proper location, height, bulk, size of buildings and other structures, the size of the yards, courts and the use of other open spaces, the use of buildings, structures and land for trade, industry, residence, recreation, agriculture, forestry, conservation, sanitation, protection against floods, public activities and other purposes; and

(4)

Encourage the most appropriate use of land, buildings and structures; and for other purposes.

(Ord. of 6-3-1997, § 1-4; Res. of 11-3-2020, att.(1-4))

State law, O.C.G.A. title 36, ch. 67A (O.C.G.A. §§ 36-67A-1—36-67A-6), requires disclosure of financial interests by all government officials, including city commission members and planning commission members, who will consider a rezoning action. It also requires disclosure of campaign contributions or gifts by the rezoning applicant or his attorney.

(1)

All government officials, including city commission members and planning commission members, are required to disclose in writing any ownership interest they have or any family members have in real property made the subject of a rezoning request. Additionally, these officials are required to disclose in writing any financial interest of ten percent or more in any business entity which has an ownership interest in the property to be considered.

(2)

An applicant for a rezoning and his attorney must disclose all campaign contributions or gifts aggregating $250.00 or more which were made within two years of the filing of the application for rezoning.

(Ord. of 6-3-1997, § 1-5; Res. of 11-3-2020, att.(1-5))

(a)

There is hereby created the city planning commission to consist of five members who shall be appointed by the city commission. The initial members of the planning commission shall be appointed to the following terms: two members shall serve two-year terms, and three members shall serve three-year terms. Thereafter, successors to the initial members shall serve a three-year term and until their successors are duly appointed. The city commission shall have the right to remove any member of the planning commission for cause.

(b)

The planning commission shall annually elect one of its members as chairman.

(c)

Specific limitations of powers of the planning commission. The planning commission does not have the power to amend any zoning ordinance, to rezone any land, to declare this chapter or any amendment thereto invalid or to allow any use not permitted by this chapter.

(d)

The duties of the planning commission shall include:

(1)

Recommend to the city commission changes in the zoning ordinance that the planning commission believes are appropriate.

(2)

Recommend to the city commission approval, disapproval, or other action on all requests for zoning changes as provided in this chapter.

(3)

Dispense general information about this chapter to the public upon request.

(4)

Interpretation of the zoning map (official zoning map).

(5)

Advise the city commission on matters of zoning as it may deem appropriate.

(6)

Conduct such other business and affairs as may be, from time to time, designated by the city commission.

(7)

Review for recommendation or denial of special exception permits.

(Ord. of 6-3-1997, § 1-6; Res. of 11-3-2020, att.(1-6))

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

Accessory building or use means a building or use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use of building.

Agriculture.

(1)

The term "agriculture" means the use of land for agricultural purposes, including farming, dairy, pasturage, agriculture, horticulture and floriculture, and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities.

(2)

The raising of hogs, pigs, or other livestock fed from garbage or offal, or other agricultural uses that produce noxious odors are excluded from this definition.

Alteration of building means any change in the supporting members of a building or structure such as bearing walls, beams, columns and girders, except such change as may be required for its safety; any addition to a building; or moving a building from one location to another.

Apartment. See Dwelling, multifamily.

Boardinghouse or roominghouse means any dwelling in which three or more persons, either individually or as families, are housed or lodged for hire with or without meals.

Building means any structure permanently attached to the ground and intended for shelter, housing or enclosure of person, animals, chattel or property of any kind. The term "building" includes the term "structure."

Business sign means an attached or free-standing structure on which is announced the business use of the premises and/or the name of the operator of the business.

Care home means rest home, nursing home, convalescent home, home for the aged, or similar use established and operated to provide lodging and meals and/or domiciliary care for aged, infirm, chronically ill, or convalescent persons.

Centerline of street means the line surveyed and monumented by the governing authority as such or, if a centerline has not been surveyed and monumented, it shall be that line running midway between the abutting property lines of the street, if such exist. If such abutting property lines are not clearly defined, the centerline shall be a line midway between the right-of-way lines of recorded streets or rights-of-way.

Child care center, commercial, means any place operated by any person or group wherein are received for pay children under 18 years of age for care and supervision less than 24 hours a day and is licensed by the state.

Child care center, family, means a private residence operated by a person who receives therein for pay for supervision and care fewer than 24 hours a day, without transfer of legal custody, children under 18 years of age who are not related to such person and whose parents or guardians are not residents in the same private residence.

Dwelling means a building designed or used for permanent living quarters for one or more families.

Dwelling, group, means a building or portion of a building occupied or intended for occupancy by several unrelated persons or families, but in which separate cooking facilities are not provided for such resident persons or families. The term "group dwelling" includes, but is not limited to, the terms "roominghouse," "apartment hotel," "fraternity house," "sorority house," "Y.M.C.A." or "Y.W.C.A." A hotel, motel or a tourist home shall not be deemed to be a group dwelling, as herein defined.

Dwelling, multifamily, means a dwelling on a single lot, designed for or occupied by three or more families living independently of each other, with the number of families in residence not exceeding the number of dwelling units provided.

Dwelling, single-family, means a structure containing not more than one dwelling unit designated for residential use which meets or exceeds the following standards:

(1)

Minimum width in excess of 16 feet.

(2)

The roof shall have a minimum 2:12 roof pitch and shall have a surface of wood shakes, asphalt composition, wood shingles, concrete, fiberglass or metal tiles, slate, built up gravel materials or other materials approved by the zoning administrator.

(3)

The exterior siding materials shall consist of wood, masonry, concrete, stucco, masonite, metal or vinyl lap or other material of like appearance.

(4)

Be attached to a permanent foundation.

(5)

Be constructed according to standards established either by the state minimum standard codes if locally adopted, or the National Manufactured Housing Construction and Safety Standards Act, or O.C.G.A. title 8, ch. 2, art. 2 (O.C.G.A. § 8-2-110 et seq.).

(6)

Manufactured homes and modular homes placed in residential zoning districts or areas shall meet the minimum compatibility standards herein set forth in section 6-4-45(c).

(7)

The zoning administrator may approve deviations from one or more of the developmental or architectural standards provided herein or in section 6-4-45(c) on the basis of a finding that the materials to be utilized or the architectural style proposed for the dwelling will be compatible and harmonious with existing structures in the vicinity.

Dwelling, townhouse or row house, means one of a series of three or more attached one-family dwelling units on separate lots which:

(1)

May or may not have a common roof;

(2)

Shall not have a common exterior wall;

(3)

Are separated from each other by fire resistive party wall partitions extending at least from the lowest floor level to the roof.

Dwelling, two-family, means a detached or semi-detached dwelling designed for or occupied exclusively by two families in separate dwelling units living independently of each other on a single lot.

Dwelling unit means one or more rooms connected together and constituting a separate, independent housekeeping establishment for use on a basis involving owner occupancy or rental or lease on a weekly, monthly or longer basis, with provisions for cooking, eating and sleeping and physically set apart from any other rooms or dwelling units in the same structure.

Family means one or more persons occupying a single dwelling unit, provided that, unless all members are related by blood, legal adoption or marriage, shall contain no more than five persons. Further provided that domestic servants employed on the premises may be housed on the premises.

Forestry means the management of growing and harvesting timber.

Junkyard or salvage yard means a lot, land or structure or part thereof, used primarily for the collecting, storage or sale of wastepaper, rags, scrap metal or other discarded material; and for the collecting, dismantling, storage or salvage of machinery or vehicles not in running condition, or for the sale of parts thereof.

Kennel means a shelter where dogs or cats are bred, raised, trained or boarded for commercial purposes.

Lot means a parcel or tract of land held in one ownership to which zoning regulations are to be applied, which may include one or more separately deeded or platted parcels or other such lots of record. The term "lot" includes the term "plot" or "parcel."

Lot of record means a lot which exists prior to the first published notice or subsequent amendment of this chapter, as shown or described on a plat or deed in the records of the local registry of deeds.

Lot width means the distance between the side boundaries of the lot measured at the front yard setback line.

Manufactured home means a structure defined by and constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 as amended, 42 USC 5401 et seq. The definition at the date of adoption of the ordinance from which this chapter is derived is as follows:

"'Manufactured home' means a structure, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under this title, and except that such term shall not include any self-propelled recreational vehicle."

Manufactured home community means any plot or tract of land on which two or more manufactured homes are to be located or intended to be located for purposes of residential occupancy.

Map or zoning map means the "Official Zoning Map of the City of Twin City, Georgia."

Mobile home means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained therein and manufactured prior to June 15, 1976.

Modular home means a factory fabricated transportable building consisting of units designed to be incorporated at a building site on a permanent foundation into a permanent structure to be used for residential purposes and which complies with O.C.G.A. title 8, ch. 2, art. 2 (O.C.G.A. § 8-2-110 et seq.).

Nonconforming use means any building, structure or use of land which does not comply with or conform to the provisions of the zoning district which it is located.

Nursing home means any dwelling in which aged, chronically ill or incurable persons are housed and furnished with meals and nursing care for compensation but excluding alcoholic patients.

Outdoor advertising sign means an attached or free-standing structure other than a business sign conveying some information, knowledge or idea to the public.

Person includes a firm, association, organization, partnership, trust company or corporation as well as an individual.

Personal care home means a building occupied as a permanent primary residence and also occupied by unrelated ambulatory adults who reside there temporarily or long-term and receive services, including room, meals and personal care from the permanent occupants. The term "personal care home" does not include buildings which are devoted to independent living units which include kitchen facilities in which residents have the option of preparing and serving some or all of their own meals or boarding facilities which do not provide personal care.

Planning commission means the city planning commission as established by this chapter under the authority granted by the state constitution.

Principal building means a building in which is conducted the principal use of the lot or tract of land on which such building is located.

Principal use means the specific, primary purpose for which land or a building is used.

Street means, relates to, and includes streets and avenues, boulevards, roads, highways, expressways, lanes, alleys and other ways. Streets are classified by function as follows:

Arterial means those streets indicated as such in the city comprehensive plan which serve primarily as major traffic ways for travel through the city.

Collector means those streets indicated as such in the city comprehensive plan which provide for traffic movement between arterials and local streets and for circulation around a residential neighborhood.

Local and land service means those streets provided for the primary purpose of furnishing access to abutting properties.

Structure means anything constructed or erected with a fixed location on or in the ground, or attached to something having a fixed location on the ground.

Use means the purpose for which land or a building or other structure is designed, arranged or intended or for which it is or may be occupied or maintained.

Used or occupied, as applied to any land or building, shall be construed to include the words "intended, arranged, or designed to be used or occupied."

Yard, front, means an open, unoccupied space on the same lot with a principal building, the building projected to the side extending the full width of the lot and located between the street line and the front line or lines of the lot.

Yard, rear, means an open space on the same lot with a principal building, unoccupied except by a permitted accessory building, or use, extending the full width of the lot and located between the rear line of the lot and the rear line of the building projected to the side lines of the lot.

Yard, side, means an open, unoccupied space on the same lot with a principal building located between the side of the building and the side line of the lot and extending from the rear line of the front yard to the front line of the rear yard.

Zoning administrator means any individual or agency designated by the city commission to administer this chapter.

(Ord. of 6-3-1997, §§ 2-1, 2-2)

(a)

Intent. It is the intent of this chapter to encourage the provision of affordable housing in a general residential environment by permitting the use of manufactured homes meeting the definition of the term "dwelling, single-family," as defined in section 6-4-25, in all residential districts in which similar dwellings constructed on the site are permitted, subject to the requirements and procedures set forth herein to ensure similarity in exterior appearance between such residentially designed manufactured homes and dwellings which have been constructed under these and other lawful regulations on adjacent lots in the same district, zoning classification or general area. Manufactured homes meeting the definition of the term "dwelling, single-family," either individually or by specific model, shall be permitted in all residential districts subject to the requirements and limitations set forth in this chapter which are applicable to manufactured homes and the requirements and limitations applying generally to residential use in such zoning classifications or districts, including minimum lots, yard and building spacing, percentage of lot coverage, off-street parking requirements and approved foundations as described herein.

(b)

Permitted locations. Manufactured homes which meet the standards established in section 6-4-25 and subsection (c) of this section shall be allowed in all residential districts.

(c)

Compatibility standards. Compatibility standards for manufactured homes meeting the definition of the term "dwelling, single-family" are as follows:

(1)

Manufactured homes qualifying as a single-family dwelling shall be compared to site built and other housing in the immediate general area within the same zoning or residential district or area. Approval shall be granted upon the finding that the manufactured home is substantially similar in size, siding material, roof material, foundation and general aesthetic appearance to:

a.

Sites built or other forms of housing which may be permitted in the same general area under this chapter;

b.

Existing development; or

c.

Proposed development in the same zoning district or area.

(2)

All towing devices, wheels, axles and hitches must be removed.

(Ord. of 6-3-1997, § 3-1)

(a)

Intent. It is the further intent of this chapter to permit the use of manufactured housing not meeting the definition of the term "dwelling, single-family," as established in section 6-4-25, in residential districts further subject to the requirements and procedures set forth in this chapter.

(b)

Permitted locations. Manufactured homes which do not meet the definition of the term "dwelling, single-family" or which do not conform to the standards established in section 6-4-45(c) shall be permitted within areas designated residential (R-2), and manufactured home communities, provided that each home complies with the district standards in which it is located.

(c)

Compatibility standards. Compatibility standards for placement of manufactured homes not meeting the definition of the term "dwelling, single-family" or which do not conform to the standards established in section 6-4-45(c) are as follows:

(1)

A 30-foot setback is required from any other dwelling unit on site.

(2)

All windows and doors must be intact.

(3)

All towing devices, wheels, axles and hitches must be removed.

(4)

The structure must be connected to the water and sewerage system (including well and septic tank, if applicable) approved by the county health department.

(5)

In the event minimum installation standards have not been adopted by the state, the structure must be installed according to the manufacturer's installation instructions when available or in accordance with county and city codes.

(6)

The area beneath each such structure must be enclosed with materials manufactured for such purposes, including, but not limited to, brick, concrete, rock or other materials which have been approved by the zoning administrator.

(7)

A manufactured home, when used as an accessory structure or dwelling, shall be located to the rear of the principal structure.

(8)

The standards set out in section 6-4-45(c) are not applicable and shall not be applied to manufactured homes when located in a manufactured home rental community.

(9)

All manufactured homes shall have an abutting front deck to the main front entrance. Said front deck shall be constructed of wood or masonry and the dimensions shall be not less than four feet by six feet with stable and secure steps attached. All additional outside entrances to the structure shall have stable and secure steps constructed of wood or masonry. All masonry decks or steps shall not be constructed of loose brick, block, stone or other masonry products, but affixed with mortar or other masonry bonding substances.

(d)

Minimum construction standards; location and inspection requirements. Each newly installed manufactured home shall conform to the minimum construction standards required by the U.S. Department of Housing and Urban Development before said manufactured home is entitled to receive any utility service to said home. It is the intent of this section to prohibit moving residential structures into the city that do not conform to the applicable construction standards established in the National Manufactured Home Construction and Safety Standards Act of 1974, 42 USC 5401 et seq. To that end, no manufactured home shall be allowed to locate for permanent or temporary occupancy in the city unless that manufactured home complies with the minimum construction standards required by the U.S. Department of Housing and Urban Development; provided, however, that any manufactured home that is located in the city at the time of the passage of the ordinance from which this chapter is derived shall not be affected by the passage of the ordinance from which this chapter derived regarding construction standards, and said existing manufactured home shall be freely transferable and relocatable in the city subject to the inspection of the residential structure to ensure that said manufactured home meets the minimum standards under which it was constructed. Said inspection shall be conducted by the zoning administrator, or in lieu thereof, tests must be certified and documented by persons holding current licenses issued by the state licensing board to ensure that the plumbing, electrical and heating systems are safe and adequate and that said manufactured home is habitable.

(Ord. of 6-3-1997, § 3-2)

(a)

Applications for approval of placement of manufactured homes shall be made on a manufactured home location permit and shall be submitted to the zoning administrator for review and approval in accordance with this chapter.

(b)

Such applications shall include all information necessary to make determinations as to conformity with the provisions of this chapter as applicable to each such structure and, as applicable, conformity with the standards herein, including photographs or renderings of the front and side of the manufactured home exterior finish, and other information necessary to make determinations required by this chapter.

(c)

Approval or denial of the application by the zoning administrator shall be in accordance with section 6-4-301.

(Ord. of 6-3-1997, § 3-3)

For the purpose of this article, the city is hereby divided into the following classes of districts or zones:

(Ord. of 6-3-1997, § 4-1)

Where uncertainty exists with respect to the boundaries of any aforementioned districts as shown on the zoning map, the following rules shall apply:

(1)

Unless otherwise indicated, the district boundaries are the centerlines of streets, railroad rights-of-way, streams or such lines extended. Where district boundaries cut a block transversely or longitudinally, the line shall not cut through a lot but shall coincide with the appropriate lot lines.

(2)

Where the district boundaries are indicated as approximately following the corporate limit, such corporate limit line shall be construed to be such boundary.

(3)

Where district boundaries are indicated as approximately parallel to the centerlines of streets or highways, such district begins therefrom as indicated on the zoning map, except as stated in subsection (1) of this section. If no distance is given, such dimensions shall be determined by the use of the scale as shown on the zoning map.

(Ord. of 6-3-1997, § 4-2)

No building or structure or land shall hereafter be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved, or altered except in conformity with the regulations herein specified for the district in which it is located.

(Ord. of 6-3-1997, § 5-1)

No building or structure shall hereafter be erected, constructed, reconstructed, or altered to:

(1)

House a greater number of families or occupy a smaller lot area per family;

(2)

Have less than the body widths prescribed herein;

(3)

Be constructed with square footage other than as required herein.

(Ord. of 6-3-1997, § 5-2)

No lot, even though it may consist of one or more adjacent lots in the same ownership at the time of passage of this chapter, shall be reduced in size so that lot width or size of yards or lot area per family or any other requirements of this chapter are not maintained. This section shall not apply when a portion of a lot is acquired for public use.

(Ord. of 6-3-1997, § 5-3)

No part of a yard or other open space or the off-street parking or loading spaces required around any building for the purpose of complying with the provisions of this chapter shall be included as a part of the yard or off-street parking or loading spaces required for another building.

(Ord. of 6-3-1997, § 5-4)

Except group developments, only one principal building and its permitted customary accessory buildings may hereafter be erected on any one lot.

(Ord. of 6-3-1997, § 5-5)

No building shall be erected on a lot which does not front a minimum of 70 feet on a public street.

(Ord. of 6-3-1997, § 5-6)

(a)

Generally. The lawful use of any building or structure or land existing at the time of the enactment of this chapter may be continued even though such use does not conform with the provisions of the chapter except that the nonconforming structures or use shall not be:

(1)

Changed to another nonconforming use;

(2)

Re-established after discontinuance for six months;

(3)

Extended except in conformity with this chapter;

(4)

Rebuilt, altered or repaired after damage exceeding 50 percent of its replacement cost at the time of destruction, except in conformity with this chapter.

(b)

Exception. Legally nonconforming residential structures located in nonresidential zones may be expanded or altered up to 50 percent of existing square footage at the time of the adoption of the ordinance from which this chapter is derived; further, such structures may be rebuilt or repaired up to 100 percent of replacement cost in the event of destruction or damage.

(Ord. of 6-3-1997, § 6-1)

Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the duly appointed zoning administrator of the city or from complying with his lawful requirements.

(Ord. of 6-3-1997, § 6-2)

Nothing herein contained shall require any change in the plans, construction, size or designated use of any building, structure or part thereof for which a building permit has been granted prior to the adoption of this chapter, provided construction shall start within 60 days after the granting of such permit.

(Ord. of 6-3-1997, § 6-3)

The residential districts established by this chapter are designed to promote and protect the public health, safety and general welfare and to preserve the residential character of neighborhoods. The chapter protects property in the districts from the depreciating effects of incompatible land uses. Residential uses are intended to be the primary use within each district.

(Ord. of 6-3-1997, § 7-1)

(a)

Purpose: The R-1 Single-Family Residential District is designed to establish a low density, single-family residential district and to protect property in the districts from the depreciating effects of incompatible land uses.

(b)

Permitted uses. The following are permitted uses in Single-Family Residential (R-1) Districts:

(1)

Single-family dwellings, including manufactured homes, provided they meet all criteria outlined in section 6-4-45.

(2)

Public and private schools offering general education courses.

(3)

Churches.

(4)

Personal care homes, provided that facilities, operation and maintenance shall meet all requirements of the county health department and the state department of human resources.

(5)

Family child care center.

(6)

Public and semi-public recreation facilities and grounds.

(7)

Customary incidental home occupations, including the office of a physician, dentist, lawyer, artist, musician, architect, engineer, cosmetologist or the accommodation of not more than two boarders or roomers.

(8)

Customary accessory buildings, including private garages and noncommercial greenhouses and workshops, provided they are located in the rear yard and not closer than five feet to any lot line. The storage, processing, or parking of inoperable, unlicensed or unregistered automobiles is expressly prohibited in the R-1 zone.

(9)

Nursery schools or kindergartens.

(10)

Cemeteries.

(11)

Electric transformers or gas regulator stations, if essential for the service to the zoning district in which it is proposed to be located, provided that:

a.

The structures are placed not less than 50 feet from any property line; and

b.

No vehicles or equipment are stored on the premises.

(12)

Upon approval of the planning commission, a dwelling may be converted for multiple family use.

(Ord. of 6-3-1997, § 7-2)

(a)

Purpose. The R-2 Multifamily Residential District is designed to establish a medium- to high-density residential district and to protect property in the districts from the depreciating effects of incompatible land uses.

(b)

Permitted uses. The following are permitted uses in Multifamily Residential (R-2) Districts:

(1)

Any use permitted in the R-1 residential districts.

(2)

Two-family dwellings.

(3)

Row houses.

(4)

Apartment houses.

(5)

Boardinghouses and roominghouses.

(6)

Nursing homes and hospitals.

(7)

Fraternal organizations and clubs not operated for profit.

(8)

Manufactured homes, not meeting the definition of the term "dwelling, single-family."

(9)

Mobile homes, provided they are already located within the city limits as of the effective date of the ordinance from which this chapter is derived.

(10)

Manufactured home communities.

a.

Manufactured home communities are permitted, provided that:

1.

They contain a minimum of two acres;

2.

The minimum space per manufactured home is one-tenth acre (4,356 square feet);

3.

Densities shall be no more than five units per acre;

4.

There is at least 30 feet between manufactured home; and

5.

Water, public sewerage, and electric connections are furnished to each individual manufactured home location.

b.

All manufactured home communities must have prior review by the planning commission with recommendation of approval or denial to the city commission. A manufactured home community shall be developed under a variance granted by the city commission.

(Ord. of 6-3-1997, § 7-3)

The P-1 Professional District is designed to provide a high-quality environment for offices for professional services and for limited retail activities. This district is not intended to accommodate general and highway oriented commercial uses.

(Ord. of 6-3-1997, § 8-1)

The following uses are permitted in P-1 Professional Districts:

(1)

Any use permitted in the R-1 district.

(2)

Physicians, lawyers, accountants, engineers, architects and similar professional people who may occupy an entire building or group of buildings. Veterinarians are specifically excluded from the P-1 district.

(3)

Businesses which are incidental to the above professional practices (e.g., prescription shops, optical sales, etc.).

(Ord. of 6-3-1997, § 8-2)

The B-1 Business Districts are established to provide appropriate areas for the development of commercial and service activities consistent with the existing character of commercial development. Commercial districts should have access from major traffic arteries; however, it is the intent of this chapter to discourage the development of long, narrow strips of commercial development fronting on major arteries, often referred to as "strip commercial" areas.

(Ord. of 6-3-1997, § 9-1)

The following uses are permitted in B-1 Business Districts:

(1)

Any retail business or service including the incidental manufacturing of products sold at retail on the premises.

(2)

Professional offices.

(3)

Hotels, offices and banks.

(4)

Indoor theaters.

(5)

Newspaper and printing plants.

(6)

Public utility structures.

(7)

Public uses and structures.

(8)

Off-street parking lots and parking garages.

(9)

Wholesale and storage business, excluding building material yards.

(10)

Outdoor advertising signs and business signs.

(11)

Any retail business or service customarily serving residential neighborhoods or oriented to the highways.

(12)

Gasoline service stations, provided that all structures including storage tanks shall be placed not less than 30 feet from any property line. No storage tank shall be permitted above ground. Points of access and egress shall be located not less than 25 feet from the nearest intersecting street lines.

(13)

Funeral parlors.

(14)

Veterinarian hospitals and kennels.

(15)

Bus terminals.

(16)

Drive-in theaters.

(17)

Radio stations and transmission towers.

(18)

Commercial child care center.

(19)

Automobile sales lots and repair garages.

(20)

Junkyards, provided they are fenced in.

(Ord. of 6-3-1997, § 9-2)

The I-1 Industrial District is intended to provide areas for industrial uses and related activities such as wholesaling, warehousing and storage and to protect adjacent districts from potentially harmful effects of industrial uses. This district is not intended to accommodate general commercial uses or residential uses.

(Ord. of 6-3-1997, § 10-1)

(a)

The following uses are permitted in I-1 Industrial Districts:

(1)

Industries, provided that they shall not cause injurious or obnoxious noise, vibration, smoke, gas, fumes, odor, dust, fire hazard, or other objectionable conditions. Industries shall be required to prove their conformity with such conditions.

(2)

Businesses customarily serving such industries.

(3)

Public utility structures.

(4)

Outdoor advertising signs and business signs.

(5)

Warehouses, truck terminals and storage.

(b)

Residences are specifically prohibited in an I-1 Industrial District.

(Ord. of 6-3-1997, § 10-2)

The A-1 Agricultural District is designed to encourage a compatible relationship between certain low-density, single-family residential areas with agriculture, forestry, and community facilities.

(Ord. of 6-3-1997, § 11-1)

The following uses are permitted in A-1 Agricultural Districts:

(1)

Any use permitted in the R-1 district.

(2)

Agriculture.

(3)

Forestry.

(4)

Such uses incidental to agriculture and forestry and necessary for their maintenance.

(5)

Public utility structures and community facilities.

(Ord. of 6-3-1997, § 11-2)

(a)

Except as otherwise provided, the following area, yard, height and size restrictions shall apply:

Area, Yard and Size Restrictions

(b)

If side yards are provided in the B-1 or I-1 district, they should not be less than ten feet in width. If closed courts are provided in any building, the minimum width of the court should not be less than 25 percent of the height of the building.

(Ord. of 6-3-1997, art. XII)

Where the owner of a lot at the time of the adoption of the ordinance from which this chapter is derived or his successors in title thereto does not own sufficient continuous land to enable him to conform to the required dimensions of this chapter, such lot may be used as a building site, provided that yards are established in accordance with the provisions of this chapter as applied to the district where the lot is located.

(Ord. of 6-3-1997, § 13-1)

The front yard setback requirements of this chapter for dwellings shall not apply to any lot where the average setback on developed lots, located wholly or in part within 100 feet on each side of such lot and within the same block and zoning district and fronting on the same street as such lot, is less than the minimum setback required. In such cases, the front yard setback on such lot may be less than the required setback but not less than the average of the existing setbacks on the developed lots.

(Ord. of 6-3-1997, § 13-2)

A group project (housing, commercial, industrial, educational, medical, religious, civic) of two or more buildings to be constructed on a parcel of a least two acres in an area which will not be subdivided into customary lots and streets may be constructed, provided that:

(1)

Uses shall be limited to those permitted within the district in which it is located;

(2)

Density and building coverage requirements of the district are met; and

(3)

The distance of every building from the nearest property line shall be adequate to meet all setback and yard requirements of the district in which it is located.

(Ord. of 6-3-1997, § 13-3)

(a)

The boundaries of the various districts shall be shown upon the official zoning map of the city. The official zoning map is hereby made a part of this chapter by reference, and all notations, references and other information shown thereon shall be a part of this chapter as if set forth herein.

(b)

The official zoning map, as adopted by the city commission and subsequently amended from time to time by its action, shall be maintained as so revised by the planning commission.

(Ord. of 6-3-1997, § 14-1)

Except as otherwise provided, no structure or land shall, after the adoption of the ordinance from which this chapter is derived, be used and no structure or part thereof shall be erected, altered, or moved unless in conformity with the requirements herein specified for the district in which it is located. In their interpretation and application, the provisions of this chapter shall be considered minimum requirements adopted for the promotion of the public health, safety, morals, convenience, order, prosperity and general welfare of the city.

(Ord. of 6-3-1997, § 15-1; Res. of 11-3-2020, att.(15-1))

The provisions of this chapter shall be administered and enforced by the zoning administrator. The zoning administrator's duties shall include receiving applications for building permits and manufactured home location permits, and the official shall issue these permits for uses and structures that meet the requirements of this chapter. This zoning administrator or designee shall have the right to enter upon any premises for the purpose of making inspections of buildings or premises necessary to carry out his duties in the enforcement of this chapter.

(Ord. of 6-3-1997, § 15-2; Res. of 11-3-2020, att.(15-2))

(a)

Approval or disapproval of either the building permit or manufactured home location permit application shall be within five business days within receipt of the application and all required materials. The applicant shall be notified in writing of either the approval, conditional approval or denial of the application within five working days after such decision is made.

(b)

Conditional approval shall require that the conditions and reasons therefor be stated in writing and be agreed to by the applicant; such conditions shall be binding upon the applicant.

(c)

If the application is denied, the applicant may reapply for a building permit of manufactured home location permit provided he overcomes, to the satisfaction of the zoning administrator, the causes for the previous disapproval; or he may institute appeal proceedings or request a rezoning.

(Ord. of 6-3-1997, § 15-3; Res. of 11-3-2020, att.(15-3))

The zoning administrator shall have authority to issue permits only for construction and uses which are in accordance with this chapter. It shall be unlawful for any person to commence work for the erection or alteration of any building until a building permit has been duly issued therefor. Permits for construction and uses which are a special exception to such general requirements shall be issued by the zoning administrator only upon order of the city commission. The zoning administrator shall issue no permits for the construction or use of any land or buildings unless it also conforms to the requirements of all other zoning ordinances.

(Res. of 11-3-2020, att.(15-4))

Recognizing that inordinate delays in acting upon appeals and applications may impose unnecessary costs on the appellant or applicant, the city shall make every reasonable effort to process appeals and permit applications as expeditiously as possible, consistent with the need to ensure that all zoning requests conform to the requirements of this chapter.

(Ord. of 6-3-1997, § 15-4; Res. of 11-3-2020, att.(15-5))

It shall be unlawful to start any work for the purpose of construction, alteration, or removal of any building or structure, including accessory structures, until the zoning administrator has issued a building permit in conformity with this chapter.

(Ord. of 6-3-1997, § 15-5; Res. of 11-3-2020, att.(15-6))

(a)

This application for a building permit shall be made in writing to the zoning administrator on forms provided for that purpose. The applicant shall submit a site plan at a suitable scale showing the shape, size and location of the lot to be built upon, and the shape, size, height, use and location of the buildings to be erected, altered or moved and of any buildings already on the lot, the number of dwelling units the building is designed to accommodate, the setback line of the buildings on adjoining lots and any other information needed to determine whether the provisions of the chapter are being observed. Pictures of the lot should be included unless impracticable.

(b)

If the application conforms with the provisions of this chapter, the city building codes and other ordinances of the city, the zoning administrator shall issue a permit upon payment of the required fee. If not, the building permit shall be refused by the zoning administrator stating such refusal in writing with the cause. Approval or denial of the application by the zoning administrator shall be in accordance with section 6-4-301.

(c)

If no substantial progress on construction has been made within six months beginning with the date the permit is issued, the permit becomes invalid. The zoning administrator may renew the permit. A renewal fee is required to be paid by the applicant before the permit is renewed.

(Ord. of 6-3-1997, § 15-6; Res. of 11-3-2020, att.(15-7))

A location permit shall be required for the construction of a manufactured home stand, or the placement of a manufactured home on an individual lot.

(Ord. of 6-3-1997, § 15-7; Res. of 11-3-2020, att.(15-8))

(a)

Reasonable fees sufficient to cover the cost of administration, inspection, publication of notice and similar matters may be charged to applicants for building permits, building permit renewal fees, rezoning applications (amendments to the map or text), variance applications, an appeal from action of the zoning administrator and other administrative relief. The amount of the fees charged shall be as set forth in the city's fee schedule.

(b)

Fees established in accordance with subsection (a) of this section shall be paid upon submission of a signed application or notice of appeal.

(Ord. of 6-3-1997, § 15-8; Res. of 11-3-2020, att.(15-9))

Any person found in violation of any provision of this chapter shall, upon conviction, be punished as set forth in section 1-1-5. Each offense shall constitute a separate offense for each day such violation continues.

(Ord. of 6-3-1997, § 15-9; Res. of 11-3-2020, att.(15-10))

If any building is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building or land is used in violation of this chapter, the zoning administrator or any other appropriate authority or any adjacent or neighboring property owner who would be damaged by such violation, in addition to other remedies, may institute injunction, mandamus or other appropriate action in a proceeding to prevent such violation. In the event that the owner of a manufactured home does not meet the requirements of this chapter, then water and sewage hookups will not be connected.

(Ord. of 6-3-1997, § 15-10; Res. of 11-3-2020, att.(15-11))

The planning commission shall provide final interpretation for all provisions of this chapter.

(Ord. of 6-3-1997, § 15-11; Res. of 11-3-2020, att.(15-12))

The city commission may from time to time, after receiving a report from the planning commission and after a public hearing has been held as required by law, amend, supplement, or change the boundaries of the districts established on the zoning map or the regulations set forth in the text of this chapter. Any proposed amendment shall first be submitted to the planning commission for its recommendation.

(Ord. of 6-3-1997, § 16-1; Res. of 11-3-2020, att.(16-1))

(a)

The city commission declares the enactment of these regulations governing the use and development of land, buildings, and structures as a measure necessary to the orderly development of the community. Therefore, no change shall be made in the boundaries of the zoning districts, in the regulations, or granting special use permits except:

(1)

To correct a manifest error in the zoning map or regulations;

(2)

To recognize change or changing conditions or circumstances in a particular area;

(3)

To recognize changes in technology, the style of living, or the manner of doing business; or

(4)

To allow for special permitting of projects predicated on large quantities of variables and uses not expressed in the text.

(b)

No request to amend the boundaries of any zoning district shall be considered unless the area to be rezoned is designated for the proposed use in the city's future land use plan, or unless and until the future land use plan is first appropriately amended to reflect this change in planned use.

(Ord. of 6-3-1997, § 16-2; Res. of 11-3-2020, att.(16-2))

In amending the zoning map, the text of this chapter, or applying for a special use permit, the procedure shall be as follows:

(1)

Requests for zoning change. Any person desiring to submit a petition requesting a change in zoning shall file such a petition, with a plat of the property attached thereto, together with the required payment to cover administrative and advertising costs, with the city clerk.

(2)

The posting of property. Upon the filing of a petition for a change in zoning, the applicant shall at their expense cause to be erected in a conspicuous place on the property in question, not less than 15 days prior to the date of the hearing, a sign of not less than nine square feet, with not less than three-inch black letters upon a white background which shall read as follows:

NOTICE TO PUBLIC

A petition has been filed requesting that this property be changed from (insert present district name) to (insert district requested). A public hearing will be held at (insert place) on (date) at (time).

All those having an interest in this petition should be present.

(Address)

(3)

Special use permit posting of property. Upon the filing of a special use permit, the applicant shall at their expense cause to be erected in a conspicuous place on the property in question, not less than 15 days prior to the date of the hearing, a sign of not less than nine square feet, with not less than three-inch black letters upon a white background which shall read as follows:

NOTICE TO PUBLIC

An application has been filed requesting a special use permit granting the parcel the ability to be used as a location for a (insert special use). A public hearing will be held at (insert place) on (date) at (time).

All those having an interest in this petition should be present.

(Address)

(4)

Criteria used in recommendations by the planning commission. The city clerk shall then refer the proposal for amendment to the planning commission for its review and recommendations. The planning commission shall make a written record of its recommendation on the proposed amendment and forward a copy of it to the city commission within 30 days of their notification or the request shall be deemed to have been recommended for approval. When reviewing and evaluating a requested zoning change or special use permit, the planning commission shall consider the following factors, in accordance with O.C.G.A. § 36-66-5(b):

a.

Existing uses and zoning of nearby property. Would the requested zoning allow land uses consistent to those uses of similarly situated nearby land?

b.

Extent to which the property value is diminished by present zoning. How much more would the property be worth if the rezoning request were approved?

c.

Extent to which destruction of the property value of the petitioner promotes the health, safety, morals and public welfare.

How would approval of the request adversely impact the public interest?

There are many valid considerations depending upon the nature of the request. These include:

1.

Traffic. The potential increase in congestion resulting from approval of the request;

2.

The diminution in value. Either immediate diminution or gradual diminution resulting from deterioration of a neighborhood over a period of time;

3.

Aesthetics. Degradation of the community's aesthetic interests; or

4.

Environmental impact. The new land use's potential for generation of noise and air pollution, or deterioration of unique or sensitive environmental conditions.

d.

Zoning of the property when purchased. Is the request a result of speculative purchase of the property?

e.

Is the open space adequate to preserve the character of the area and reduce environmental impacts?

f.

Is the screening adequate to protect adjacent uses from any negative impacts of the proposed use?

g.

Are the hours and manner of operation of the proposed use compatible with surrounding uses?

h.

Can outdoor lighting be used so as not to interfere with surrounding uses?

i.

Does ingress and egress to the property reduce negative impacts of the proposed use or enhance safety?

j.

The suitability of the subject property for the current zoning. Is the natural and built environment conducive to the type of development permitted by the present zoning? Are the utilities present for development of the site? Would the topography or other natural environmental characteristics of the site to be conducive to development under the present zoning?

k.

Length of the time the property has been vacant as zoned. This property should be considered in the context of land development in the area surrounding the property.

l.

The extent to which the rezoning/special permit request conforms with the city's comprehensive plan.

m.

The relative gain to the public as compared to the hardship imposed upon the individual property owner.

n.

Whether the subject property has a reasonable economic use as currently zoned.

o.

Whether the proposed zoning will be a use that is suitable in view of the use and development of adjacent and nearby property.

p.

Whether the proposed zoning will adversely affect the existing use or usability of adjacent or nearby property.

q

Whether the zoning proposal is in conformity with the policies and intent of the land use plan.

r.

Whether the zoning proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools.

s.

Whether there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the zoning proposal.

t.

Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare.

u.

Whether the change suggested is out of scale with the needs of the neighborhood or the county.

v.

Any other factors relevant to balancing the interest in promoting the public health, safety, morality, or general welfare against the right to the unrestricted use of property.

(Res. of 6-4-1996(2); Ord. of 6-3-1997, § 16-3; Res. of 11-3-2020, att.(16-3))

Before enacting an amendment to this chapter or granting a special use permit, the city commission shall hold a public hearing regarding the proposal amendment. At least 15 days but not more than 45 days before such public hearing, the city clerk shall advertise the date, time, place and purpose of such hearing in a newspaper of general circulation of the city. The city commission may, without formal amendment to this chapter, authorize the planning commission to conduct the public hearings, or the planning commission may also otherwise conduct public hearings as it deems necessary to its review and recommendation as provided for in section 6-4-332.

(Ord. of 6-3-1997, § 16-4; Res. of 11-3-2020, att.(16-4))

(a)

Every proposal which is recommended for approval by the planning commission shall be forwarded to the city commission. Consistent with the provisions of this chapter, the city commission may approve or deny, by its motion, any change in the boundaries of any zoning district, the text of this chapter or special use permit. In the event the city commission approves a zoning change for which the planning commission has recommended denial, the city commission shall inform them in writing of the reasons for its departure from the planning commission's recommendations.

(b)

Both persons favoring and persons opposing a proposed zoning action shall have an opportunity to address the city commission.

(c)

The mayor may place reasonable limits on the number of persons who may speak for each view or on each issue raised, on the time allowed for each speaker, or on the total time allowed for presentation of each view.

(d)

Because of the time constraints in hearings, interested parties shall be encouraged to submit petitions, studies, letters, and other materials requiring prior study in time to have them included in the final agenda. The city commission shall have the discretion to accept such materials at the hearing if circumstances did not permit earlier submittal. Such materials, if presented orally at the hearing, shall be subject to the time limits provided in subsection (c) of this section.

(e)

The city commission shall have the discretion to continue a hearing to a later date if the materials submitted or views expressed require more time for study and consideration than may reasonably be allocated in one meeting.

(f)

The city commission may call for such additional views, studies, or other information from any source as they consider necessary to making a sound decision on the proposed action.

(Res. of 6-4-1996(1); Ord. of 6-3-1997, § 16-5; Res. of 11-3-2020, att.(16-5))

Appeals from the decision of the city commission regarding the adoption or disapproval of a zoning amendment shall be made to the county superior court.

(Ord. of 6-3-1997, § 16-6; Res. of 11-3-2020, att.(16-6))

Whenever a petition for a zoning change has been denied, no further petition for a zoning change of the same property to the same classification shall be heard for a period of two years from the date of the first hearing.

(Ord. of 6-3-1997, § 16-7; Res. of 11-3-2020, att.(16-7))

Any petitioner shall have the right to voluntarily withdraw a petition for change of zoning by 12:00 noon on the day preceding the hearing date without city commission approval for resubmission. Any petition withdrawn after this time for any reason must have the consent of the city commission by proper resolution before resubmission and advertisement. In either case, there will be no refund of any fees.

(Ord. of 6-3-1997, § 16-8; Res. of 11-3-2020, att.(16-8))

The city commission, at its discretion, may allow a petitioner to withdraw a petition without prejudice at the public hearing when unusual circumstances warrant such actions. When this occurs, no further approval by the city commission is required prior to resubmission.

(Ord. of 6-3-1997, § 16-9; Res. of 11-3-2020, att.(16-9))

An appeal to the city commission may be taken by any person, firm or corporation aggrieved, or by any governmental officer, department, board or bureau affected by any such decision of the city zoning administrator based in whole or in part upon the provisions of this chapter. Such appeal shall be taken by filing with the city commission a notice of appeal specifying the grounds thereof. Such an appeal must be filed within 30 days of the date on which the action by the zoning administrator was taken. The city zoning administrator shall transmit to the board all papers constituting the record upon which the action was taken. The board shall fix a reasonable time for the hearing of the appeal or other matters referred to it. The zoning administrator shall erect in a conspicuous place on the property in question a sign giving public notice of the appeal at least 15 days prior to the scheduled hearing. Any party or person may appear at the hearing in person, by agent or by attorney. There shall be a non-refundable fee as determined by the city commission paid to the city clerk for filing an appeal.

(Ord. of 6-3-1997, § 17-1)

(a)

There shall be a non-refundable fee as determined by the city commission for filing a variance application with the city clerk. Upon receipt of an application, the mayor and city commission shall schedule a public hearing. The zoning administrator shall erect in a conspicuous place on the property in question a sign giving public notice of the appeal at least 15 days prior to the scheduled hearing. The mayor and city commission shall consider and decide whether to recommend approval or disapproval of all applications for variances within 30 days after such public hearing and in accordance with the standards provided below.

(b)

The city commission shall hear and decide applications for variances from the development requirements of this chapter but only in individual cases of practical difficulty or unnecessary hardship. This includes exceptional narrowness, shallowness or shape of a specific piece of property which, at the time of adoption of the ordinance from which this chapter is derived, was a lot or plat of record, or where, by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of a piece of property, the strict application of the said development requirements of this chapter would result in practical difficulties to, or undue hardship upon, the owner of such property. In granting a variance, the city commission may attach thereto such conditions regarding the location, character and other features of the proposed building, structure or use as it may deem advisable so that the purpose of this chapter will be served. However, the city commission shall not be authorized to grant a density variance or a use variance to permit a use in a district in which the use is prohibited.

(c)

No variance shall be authorized unless the city commission find that all of the following conditions exist:

(1)

The special circumstances or conditions applying to the building or land in question are peculiar to such premises and do not apply generally to other land or buildings in the vicinity.

(2)

The granting of the application is necessary for the preservation and enjoyment of a property right and not merely to serve as a convenience to the applicant.

(3)

The condition from which relief of a variance is sought did not result from action by the applicant.

(4)

The authorization of the variance will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets, increase the danger of fire, imperil the public safety, unreasonably diminish or impair established property values within the surrounding areas or in any other respect impair the health, safety, comfort, morals or general welfare of the inhabitants of the city.

(d)

In reviewing an application for a variance, the burden of showing that the variance should be granted shall be upon the person applying thereof. The city commission, when granting a variance, may establish reasonable conditions concerning the use of said property and may establish a time period for said variance. The grant of a variance shall be stated in the minutes with the reasons for departure from the strict application of this chapter and the conditions under which the variance was granted.

(Ord. of 6-3-1997, § 17-2)

When the provisions of this chapter specify more restrictive standards than required by any other statute, the requirements of the chapter shall govern. Whenever the provisions of any other statute require more restrictive standards, the provisions of such statute shall govern.

(Ord. of 6-3-1997, § 18-1)

The purpose of this article is to provide standards for the development of solar energy systems and solar energy production facilities in order to protect the public health, safety, and welfare and avoid significant impacts on resources and adjacent uses.

(Res. of 11-3-2020, att.(art. XIX, § 1))

It is the intent of the city to:

(1)

Encourage the use of existing buildings for the placement of solar energy systems.

(2)

Encourage the location of solar energy production facilities, to the extent possible, in areas where any potential adverse impacts on the community will be minimized.

(3)

Encourage the utilization of established public infrastructure for the development of solar energy systems and solar energy production facilities.

(4)

Increase energy security and diversify the city energy portfolio.

(5)

Promote the use of state-based energy resources.

(6)

Decrease the cost of energy and increase consumer choice in energy consumption.

(7)

Bolster local economic development and employment prospects.

(8)

Encourage the use of a renewable energy resource.

(9)

Support the city sustainability agenda, and reduce air and water pollution.

(Res. of 11-3-2020, att.(art. XIX, § 1))

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

Administrative approval means zoning approval that the zoning administrator or designee is authorized to grant after administrative review.

Administrative review means non-discretionary evaluation of an application by the zoning administrator. This process is not subject to a public hearing.

Inverter means a device that converts direct current (DC) electricity into usable alternating current (AC) electricity for transmission to the power grid.

Mechanical equipment means all items not listed in these definitions that are directly related to construction and operation of a solar energy system or facility, including, but not limited to, onsite transmission lines, pumps, batteries, inverters, mounting brackets, framing, foundations or other structures, etc.

Power grid means an interconnected network for delivering electricity from producers to consumers. In a power grid, generating stations produce electric power, which is then sent through a substation in order to adjust the voltage. The power is then sent from the substation to high-voltage transmission lines. From there, distribution lines provide power to individual consumers. In some cases, customers can receive a payment or credit for surplus electricity that is generated by their solar energy system and fed into the grid.

Setback means the area between the boundary of a land parcel and the part of the land parcel in which primary and accessory buildings may be constructed, as may be specified in the applicable local government regulations.

Solar energy means radiant energy (i.e., light) received from the sun that can be collected by solar panels and converted into electricity in a solar energy system or solar energy production facility.

Solar energy production facility, also known as solar farm, means a utility-scale facility for the collection and distribution of solar energy. Solar energy production facilities are generally more than two acres in size and have capacities in excess of one megawatt. Solar energy production facilities are typically connected to the local utility power grid in order to supply electricity to the grid and power multiple properties.

Solar energy system (SES) means a device or structural design feature that provides for the collection, storage, and distribution of solar energy for electricity generation. The term "SES" refers only to:

(1)

Photovoltaic SESs that convert solar energy into electricity through a semiconductor device; or

(2)

Solar thermal systems that use collectors to convert the sun's rays into useful forms of energy for water heating, space heating, or space cooling.

Solar energy system, building-integrated, means a solar energy system that is built into, rather than installed onto, a structure.

Solar energy system, building-mounted, means a solar energy system that is added onto an existing structure, with solar panels typically located on the roof. Roof-mounted solar energy systems fall within this category.

Solar energy system, ground-mounted, means a solar energy system that is installed on the ground and is not attached or affixed to any structure.

Solar garden means a small-scale solar energy system that is sometimes operated under the form of a cooperative. Solar garden facilities generally contain a smaller amount of arrays for the purpose of sharing the benefit of energy production.

Solar glare means the effect produced by light reflecting from a solar panel with an intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

Solar panel means a device for the direct conversion of sunlight into electric power.

Substation means a set of equipment for converting the high-voltage electricity produced by a power plant or solar energy production facility into a voltage suitable for supply to consumers.

Visual buffer means natural vegetation, plantings, earth berms, and/or decorative fencing that provide a visual and lighting barrier between SES and a residential property. The visual buffer is not part of the SES and shall not be included when:

(1)

Calculating the acreage of land occupied by the SES; or

(2)

Determining whether the SES adheres to applicable setback requirements.

(Res. of 11-3-2020, att.(art. XIX, § 2))

(a)

This article shall apply to all solar energy systems and solar energy production facilities (solar farms) installed, constructed, or modified or expanded in such a way that the footprint or height of the system is increased, after the effective date of the ordinance from which this article is derived.

(b)

Solar energy systems and solar energy production facilities (solar farms) constructed prior to the effective date of the ordinance from which this article is derived shall not be required to meet the requirements of this article.

(c)

All solar energy systems and solar energy production facilities (solar farms) shall be designed, erected, and installed in accordance with all applicable local, state, utility, and national codes, regulations, and standards.

(Res. of 11-3-2020, att.(art. XIX, § 3))

(a)

Solar energy systems may not be connected to any electric utility grid without the approval of the applicable electric utility. Off-grid solar energy systems shall be exempt from this requirement.

(b)

If solar storage batteries are included as part of the solar energy system, they must be installed according to all requirements set forth in the National Electrical Code (NEC) and state fire code when in operation. When no longer in operation, the batteries shall be disposed of in accordance with all local, state, and federal laws and regulations.

(c)

Prior to operation, electrical connections must be inspected by an appropriate electrical inspection person or agency, as determined by the local government.

(d)

Unless otherwise specified through a contract or agreement, the property owner of record will be presumed to be the responsible party for owning and maintaining the solar energy system. Decommissioning will be the responsibility of the owner unless otherwise specified.

(e)

The design of the solar energy system shall conform to applicable local, state, and national solar codes and standards, and to all local government regulations. All design and installation work shall comply with all applicable provisions in the National Electrical Code (NEC), the International Residential Code (IRC), the International Commercial Building Code, the state fire code, and any additional requirements set forth by the local utility (for any grid-connected solar systems) or by the local government.

(f)

All applicable building permits shall be secured prior to beginning construction of a solar energy system. No solar energy systems may be installed that cannot be safely supported by the existing roof structure.

(g)

All solar energy systems shall comply with the local floodplain management ordinance, as applicable.

(h)

Components of solar energy systems are not exempt from height requirements.

(i)

Solar energy systems located in historic districts shall not be constructed without prior approval, as applicable, from the appropriate governing body.

(Res. of 11-3-2020, att.(art. XIX, § 4))

(a)

Building-mounted systems. A building-mounted solar energy system shall be subject to the following regulations:

(1)

No solar energy system shall be mounted or affixed to any freestanding wall or fence.

(2)

A building-mounted, on-roof system shall not extend beyond the edge of the roof.

(3)

Solar panels installed on a building with a sloped roof shall not project vertically more than four feet above the roof surface, ridge line, or highest point of the roof.

(4)

Solar panels installed on a building with a flat roof shall not extend more than four feet above the highest point of the roofline.

(b)

Ground-mounted systems. A ground-mounted solar energy system shall be subject to the following regulations:

(1)

Ground-mounted components shall not be located in the required setbacks of the underlying zoning district.

(2)

Ground-mounted solar energy systems shall not be located in the floodway.

(3)

In the case of double frontage lots, ground-mounted components shall observe front yard requirements on both street frontages wherever there are any principal buildings fronting on said streets in the same block or adjacent blocks.

(4)

The height of ground-mounted solar energy panels shall not exceed 16 feet above the ground, as measured from the point (on the ground) directly below the panel, when tilted at the highest aspect.

(5)

The area of solar components and accessory structures in the aggregate shall not exceed the ground floor area of the principal building for residential uses; for commercial uses, the aggregate may not exceed the lot coverage for the underlying zoning district. Areas zoned for agriculture or manufacturing are exempt from this requirement but must meet the required setbacks of the district. Solar canopies covering permanent parking are exempt from this section but must meet the required setbacks of the district.

(6)

Mechanical equipment and components of solar systems shall be screened from adjacent residential uses. The screen shall consist of shrubbery, trees, or other non-invasive plant species which provide a visual screen with a mature height of at least six feet. In lieu of a planting screen, an opaque fence may be used. The installed screen shall be maintained for the life of the usage of the ground-mounted system. Maintenance of the screening shall be the responsibility of the owner or operator of the system.

(Res. of 11-3-2020, att.(art. XIX, § 5))

(a)

Section 6-4-404(a) through (d) shall also apply to solar energy production facilities.

(b)

Solar energy production facilities as a principal use shall be permitted by special exception in the following zoning districts: industrial and agricultural (not in residential districts), provided that requirements of this article are met. The standards for special exception review, per section 6-4-332, shall apply. The local government shall not take final action on the application until it has received a recommendation from the planning commission.

(c)

The design of the solar energy production facility shall conform to applicable local, state, and national solar codes and standards, and to all local government regulations. All design and installation work shall comply with all applicable provisions in the National Electrical Code (NEC), the International Residential Code (IRC), the International Commercial Building Code, the state fire code, and any additional requirements set forth by the local utility (for grid-connected solar energy production facilities) or by the local government.

(d)

All applicable building permits shall be secured prior to beginning construction of a solar energy production facility.

(e)

On-site power lines and interconnections shall be placed underground, to the greatest extent possible.

(f)

A solar energy production facility connected to the utility grid shall provide evidence from the applicable electric utility acknowledging the solar energy production facility will be interconnected to the utility grid in order to sell electricity to the utility.

(g)

Solar energy production facilities shall not be permitted in the floodway. All solar energy production facilities shall comply with title 10, as applicable.

(h)

Minimum lot size. The minimum lot size for a solar energy production facility (solar farm) as a principal use is two acres.

(i)

Setbacks. Solar energy production facilities shall have a minimum setback of the underlying zoning district. Power inverters, transformers, and other related equipment related to the inversion of power shall have a setback of 50 feet from all property lines.

(j)

Height of collector. The height of ground-mounted collectors and mounts shall not exceed 20 feet in height. Components of solar energy production facilities are not exempt from height requirements.

(k)

Airports. Any solar energy production facility proposed within a two-mile radius of an airport shall present evidence that they have gone through a review process with the Federal Aviation Administration (FAA). This review from the FAA shall indicate that the proposed facility shall not interfere with the normal operation of aircraft in the area.

(l)

Fencing. A security fence of chain-link or similar material at a minimum height of six feet with a gate and locking mechanism shall enclose the perimeter of the solar energy production facility to deny access to any individuals not authorized to be on the property and for public safety. Signage should be included on the property alerting individuals to the risk from high voltage on the site.

(m)

Buffer. Areas that abut residentially zoned or residential uses shall be buffered by at least one of the following:

(1)

A double row of offset evergreens absent mature vegetation, installed at a height of five feet achieving opaqueness at time of installation and a minimum height of ten feet in five years.

(2)

On-site mature vegetation existing at a minimum height of ten feet and a depth of 75 feet between the on-site security fence and adjacent properties or right-of-way.

(3)

A single row of evergreens in combination with mature vegetation installed at a height of five feet achieving opaqueness and a minimum height of ten feet in five years.

(4)

The above requirement may be met by existing vegetation subject to administrative approval, as long as sufficient opaqueness and the required height are achieved.

(5)

Maintenance of the buffer shall be the responsibility of the property owner.

(n)

Decommissioning. The application to establish a solar energy production facility must include a decommissioning plan, containing the following:

(1)

The name, address, telephone number, and e-mail address of the person or entity responsible for implementing the decommissioning plan;

(2)

A statement of conditions that require the decommissioning plan to be implemented;

(3)

Identification of all components of the solar energy production facility;

(4)

A plan with timeline for removing all components of the solar energy production facility from the property in the event of decommissioning;

(5)

A plan for recycling or otherwise reusing all components to the greatest extent practicable.

(Res. of 11-3-2020, att.(art. XIX, § 6))

(a)

The following requirements shall be met for decommissioning solar farms:

(1)

Each applicant for a permit must submit decommissioning plans that describe the anticipated life of the solar project, the party responsible for decommissioning, the estimated decommissioning costs in current dollars, and the method for ensuring by bond that funds will be available for decommissioning and restoration.

(2)

Solar farms which have not been in active and continuous service for a period of one year shall be removed at the owner's or operator's expense.

(3)

The site shall be restored to as natural condition as possible within six months of the removal.

(4)

A site will be considered decommissioned when, after inspection and approval by the city, all structures and equipment are removed and the site is re-vegetated. If a ground-mounted solar energy system is removed, any earth disturbance as a result of the removal shall be landscaped in accordance with local regulations.

(b)

If a solar energy system or facility is removed, all components shall be recycled or reused to the greatest extent practicable.

(Res. of 11-3-2020, att.(art. XIX, § 7))

Solar energy systems shall be permitted as an accessory use in the following zoning districts: Single-Family Residential (R-1), Multifamily Residential (R-2), and Business (B-1) District, provided that the requirements of this article are met and administrative approval or approval with conditions is granted by the zoning administrator. An application for a solar energy system as an accessory use shall be made on a special use permit application and shall include the following:

(1)

A site plan illustrating the location of principal building, accessory structures, and proposed location of solar panels.

(2)

An elevation sketch illustrating the height and orientation of ground-mounted components, or profile of any roof-mounted solar panels.

(3)

An application fee in an amount as set forth in the city's fee schedule.

(Res. of 11-3-2020, att.(art. XIX, § 8))

If the owner of a solar energy system is found to be in violation of the provisions of this article, appeals should be made in accordance with the established procedures of this Code.

(Res. of 11-3-2020, att.(art. XIX, § 9))