Conditional uses include certain uses which are allowed in a particular zoning district provided that all conditions specified under this section are met. The zoning administrator shall issue a conditional use permit for each use listed below upon compliance with all specified conditions and approvals by the appropriate town/county officials.

(a)

Special regulations. Prior to the issuance of development and/or building permits, a site plan must be submitted to the zoning administrator and approved by the appropriate town/county officials. This requirement shall apply to all conditional uses allowed within the various zoning districts except for: farm outbuildings; home occupations; single-family residences; and temporary meeting and/or events which are conducted no longer than 14 days per year.

(b)

Conditional uses allowed. The following list comprises the conditional uses allowed pursuant to this section and the zoning districts within which such uses may be found.

(1)

Accessory antenna structures (see also accessory uses). Accessory antenna structures for amateur radio service shall be located a distance of at least one-third the height of the tower from all property lines.

(2)

Accessory retail sales and service (O-I). Retail sales and service accessory to the operation of an office building or institutional use, conducted wholly within the building housing the use to which these activities are accessory, provided that the floor space used or to be used for these secondary uses shall be limited to a total of ten percent of the net floor area in an office building or institutional use, provided that:

a.

Every public entrance to this use shall be from a lobby, hallway or other interior portion of the primary use structure;

b.

No merchandise shall be stored or displayed outside of the primary use structure; and

c.

Restaurants and cafeterias as an accessory use may be located in a structure other than the primary use structure.

(3)

Accessory uses and structures incidental to permitted uses. The following provisions apply to accessory uses and structures that are incidental to permitted uses:

a.

An accessory structure shall be located on the same lot as the principal building to which it is accessory;

b.

No accessory structure shall be constructed upon a lot until construction of the principal building has commenced;

c.

An accessory structure shall not be permitted in a front yard in a residential zoning district;

d.

No accessory structure in a non-residential zoning district shall be used by other than employees of the owner, lessee or tenant of the premises, unless otherwise allowed by provisions of this section;

e.

A residential accessory structure shall not be rented or occupied for gain; and

f.

The maximum size of accessory buildings in residential zoning districts shall be according to the size of the lot as follows:

(May 11, 2008)

(4)

Animal hospitals and veterinary clinics (O-I, C-1, C-2, M-1). All structures used as an animal hospital or veterinary clinic shall be located and the activities conducted at least 100 feet from any property zoned or used for residential purposes. The use shall comply with the following:

a.

Adequate soundproofing and odor-proofing shall be provided so the use does not create a nuisance;

b.

No boarding shall be allowed unless required in connection with medical treatment; and

c.

No outside runs or kennels shall be allowed.

(5)

Arcade (C-1). Hours of operation shall be within 8:00 a.m. and 9:00 p.m.

(6)

Armored car service (C-2):

a.

No outdoor storage; and

b.

Additional parking space requirements.

(7)

Auction yards or establishments (M-1):

a.

Not allowed within a radius of 500 feet of any public park, public playground, school, church, hospital, and cemetery; within 100 feet of any highway, nor within 500 feet of any residential zoning district;

b.

Must be screened from view of the road and adjoining property with an opaque fence at least seven feet in height;

c.

Maximum lot size—Ten acres;

d.

A minimum 100-foot buffer shall be provided along every property line including a public right-of-way so that junk is not visible from a public street or adjoining properties;

e.

All structures and storage areas shall be set back at least 200 feet from a public street and adjoining properties in the residential zoning district or the A-R zoning district; and

f.

Must follow all current state and federal regulations.

(8)

Automatic teller machines (ATMs) (see also accessory uses) (all non-residential zoning districts). The ATM must be attached to an existing building.

(9)

Automobile brokers (C-1, O-I). No stock in trade may be kept on premises unless confined to interior storage.

(10)

Automobile repair. (C-1, C-2):

a.

The use shall not be permitted within 300 feet of any property used for a school, park, playground or hospital.

b.

No outdoor storage of equipment or inventory is permitted.

c.

All activities shall be carried on entirely within an enclosed building.

d.

The use shall not be established on a lot which is either adjacent to or directly across the street from any residential zoning district.

e.

All overhead doors must face the side and/or rear yard or be screened from view from the street.

f.

In C-1 Districts, no automobile repair business shall be established along the street frontage. All such businesses shall be located behind an existing non-automotive business.

(11)

Automobile service stations (C-2):

a.

Service areas, facilities, and pump islands shall not be located any closer than 75 feet from a residential zoning district or the A-R zoning district;

b.

Gasoline pump islands, air and water hoses, and vacuum cleaners shall be set back the following distances from street rights-of-way:

1.

Major thoroughfare:

(i)

Arterial—35 feet;

(ii)

Collector—30 feet;

2.

Minor thoroughfare—25 feet;

c.

Canopies shall extend no closer than 15 feet from any street right-of-way;

d.

Underground storage tanks shall be set back no closer than 20 feet from all property lines; and

e.

No automotive repairs.

(12)

Automotive parking establishments (C-2). All stock-in-trade must be screened in accordance with screening provisions in the land development ordinance and stock-in-trade must be stored on an impervious surface.

(13)

Automotive rentals (M-1). Rental units must be screened in accordance with the land development ordinance screening requirements.

(14)

Baseball batting cages (C-2, M-1):

a.

The facility shall be enclosed by a wall or fence and buffer area ten feet in depth to screen adjacent property;

b.

Loudspeakers shall be prohibited; and

c.

Lighting shall be established in such a way that adjacent properties and roadways are not adversely affected and that no direct light is cast upon adjacent properties and roadways.

(15)

Bed and breakfast (AR, C-1, C-2). Individual guests are prohibited from staying at a particular bed and breakfast for more than 14 consecutive days or more than 45 days in a calendar year with breakfast served at no additional cost.

(16)

Boatyard, truck repair, boat repair, motorcycle repair, automotive parking establishment, golf cart sales and service, automobile impoundment yard, automobile impoundment area (C-2, M-1). All stock-in-trade must be screened in accordance with screening provisions in the land development ordinance and stock-in-trade must be stored on an impervious surface.

(17)

Campground facilities (AR):

a.

Campsites shall be utilized by recreational vehicles and tents (normally associated with outdoor camping), but not by manufactured housing;

b.

The campground shall be utilized for short-term occupancy of 15 days or less; provided, however, that the property owner or resident manager may permanently occupy one single-family dwelling;

c.

Said uses shall be permitted only on a lot which possesses at least 60 feet of frontage on a major thoroughfare;

d.

Minimum lot area—Ten acres;

e.

Maximum density—Four campsites per gross acre;

f.

A minimum 50-foot planted buffer plus all required setbacks shall be established around the perimeter of the entire development. Buffer areas shall be continuous except for approved access, utility easements, and signs (pursuant to the sign ordinance);

g.

Minimum setbacks for structures and use areas (including campsites) as measured from required buffers:

1.

Front yard—75 feet;

2.

Side yard—25 feet;

3.

Rear yard—25 feet;

h.

At least ten percent of the gross acreage shall be reserved for recreational areas;

i.

Accessory uses shall be allowed provided that the following requirements are met:

1.

Such uses and structures shall be restricted to the use of occupants of the park and their guests;

2.

All structures and use areas shall meet the minimum buffer and setback requirements;

3.

Such uses and structures shall be limited to the following: rental offices; shower and restroom facilities; coin-operated laundry facilities; convenience stores; and snack bars;

4.

Total floor area for all accessory structures listed above shall not exceed 3,000 square feet;

j.

The sale of alcoholic beverages and/or automotive gasoline shall be prohibited; and

k.

The site plan for the proposed campground (including all accessory structures) shall be approved by the Fayette County Health Department.

(18)

Car wash service (C-2). Any impervious surface shall be located on the same lot for the storage of vehicles awaiting service equal to one-third of the practical hourly capacity of the wash machines.

(19)

Cemeteries (C-1, O-I):

a.

Minimum lot area—Ten acres for a human cemetery and five acres for a pet cemetery;

b.

A crematorium shall be allowed only in conjunction with a cemetery or a mausoleum; not in conjunction with a cemetery as a conditional use with a church;

c.

Grave sites shall be set back at least 50 feet from all property lines;

d.

A 20-foot buffer shall be provided in addition to required setbacks along all property lines adjoining an AR zoning district or a residential zoning district;

e.

A landscaped buffer ten feet in width and no less than six feet in height shall be installed along all side and rear lot lines; and

f.

Road frontage shall have a fence of stone stucco, wrought iron or similar materials or combination thereof.

(20)

Cemetery as an accessory structure to a church:

a.

All such facilities shall front on a major collector for a distance for at least 100 feet;

b.

Minimum lot size—One acre;

c.

Maximum lot size—Three acres;

d.

All buildings shall be set back at least 50 feet from the front property line (35 feet if a corner lot), 40 feet from the rear property line, and 20 feet from side property lines; and

e.

A densely-planted buffer, no less than six feet in height, having a minimum width of ten feet shall be installed along all side and rear property lines which abut a residential zoning district.

(21)

Child caring institution (AR, RMF, O-I, E-I).

a.

Such facility shall obtain all necessary local and state licenses;

b.

All facilities must provide 80 square feet of personal living space per resident or that amount required by the State of Georgia for the licensing of child caring institutions, whichever is greater; and

c.

Inspections may be performed by the town to determine whether or not said facility is in compliance with these conditions.

(22)

Commercial motor vehicle repairs. (M-1):

a.

The use shall not be permitted within 300 feet of any property used for a school, park, playground or hospital.

b.

No outdoor storage of equipment or inventory is permitted unless screened entirely from adjacent properties and all rights-of-way by a solid opaque fence a minimum of six feet in height.

c.

All repair activities shall be carried on entirely within an enclosed building.

d.

The use shall not be established on a lot which is either adjacent to or directly across the street from any residential zoning district.

e.

All overhead doors must face the side and/or rear yard or be screened from view from the street.

(23)

Commercial motor vehicle sales. (C-2, M-1):

a.

The use shall not be permitted within 300 feet of any property used for a school, park, or playground.

b.

The use shall not be established on a lot which is either adjacent to or directly across the street from any residential zoning district.

c.

Loudspeakers are prohibited.

d.

Lighting shall be established in such a way that adjacent properties and roadways are not adversely affected and that no direct light is cast upon adjacent properties and roadways.

e.

Outside storage of other than stock-in-trade is prohibited.

f.

Stock-in-trade must be stored on an impervious surface.

g.

Outdoor activities are limited to operating hours from 7:00 a.m. to 9:00 p.m.

h.

All activities except for sales shall be conducted entirely indoors.

i.

All overhead doors must face the side and/or rear yard or be screened from view from the street.

(24)

Community living arrangement (AR, CR-2, CR-3, R-20, R-18, R-12, DR, TR, RMF, MHP).

a.

The principal structure shall contain a residential facade architecturally similar to adjacent buildings;

b.

Such facility shall obtain all necessary local and state licenses;

c.

The use is limited to the principal structure only;

d.

All facilities must provide 80 square feet of personal living space per resident or that amount required by the State of Georgia for the licensing of community living arrangements, whichever is greater;

e.

The owner of the establishment must live on the premises;

f.

Unless located in a district permitting two-family or multi-family dwellings, no more than four individuals not related to the owner by blood or marriage shall reside on the premises; and

g.

Inspections may be performed by the town to determine whether or not said facility is in compliance with these conditions.

(25)

Construction equipment, truck rentals (C-2). Outdoor display must be screened in accordance with the land development ordinance screening requirements. All outdoor storage of equipment and trucks must be on an impervious surface.

(26)

Day care services; home occupation (all residential zoning districts). Home occupation day care services may be established and operated in the town in accordance with the guidelines and procedures set forth below:

a.

Guidelines:

1.

A home occupation day care service means a private residence operated by any person who receives pay for the supervision and care for fewer than 24 hours per day, without transfer of legal custody, not more than six children simultaneously, who are 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;

2.

Not more than 25 percent of a residence may be used for a home occupation day care service and an outdoor play area may be provided;

3.

No home occupation day care service may be established and operated in the town until a permit to do so has been obtained in accordance with the procedures set forth below;

4.

Must comply with all current state regulations for day care services;

b.

Procedures:

1.

Permit application. Persons seeking to operate a home occupation day care service in the town must file a permit application with the town clerk. Each application shall also be accompanied by the applicant's affidavit certifying the maximum number of children that will be served simultaneously and that the proposed home occupation day care service will meet and be operated in accordance with all applicable state laws and regulations with all ordinances and regulations of the town;

2.

Decision on application. Within 30 days of the date the permit application is filed with the town clerk, the town council shall either approve or disapprove the application for a permit to be issued. An application shall be approved only upon a determination by the town council that the home occupation day care service proposed by the applicant will be operated in compliance with all state regulations, this section and the fire and safety codes of the county; will not constitute too great a concentration of such home occupations as to adversely impact a neighborhood; and that all other requirements of this section have been met; and

3.

Issuance of permits. Each permit shall become effective on the date it is issued by the town.

(27)

Day nurseries and kindergartens (O-I, E-I, C-1):

a.

There shall be not less than 30 square feet of indoor play area for each child at maximum licensed enrollment, and not less than 100 square feet per child of outdoor play area at maximum licensed enrollment;

b.

The outdoor play area shall be enclosed by a fence not less than six feet in height in a location other than the front yard;

c.

A circular drive shall be provided for off-street loading and unloading; and

d.

Must comply with all current state regulations for day care services.

(28)

Dog grooming shops (C-1).

a.

All outdoor areas accessible to animals while off-leash shall be enclosed by a fence of at least six feet in height which is secured at the bottom to prevent an animal from digging out of the enclosed area.

b.

Animals shall be supervised at all times while off-leash in outdoor areas.

c.

No breeding of animals shall occur at the facility.

d.

Adequate sound-proofing and odor-proofing shall be provided so that the use does not create a nuisance.

e.

The facility shall be located at least 100 feet from any property residentially zoned or used for residential purposes.

f.

The facility shall obtain all necessary state licenses and shall be in compliance with all applicable state regulations.

(29)

Dry cleaning plants (M-2):

a.

Dry cleaning plants using cleaning systems which make use of solvents rated at above 40 by the Underwriter's Laboratories, Inc. Standard of Classification, known as Class I Systems, shall be prohibited;

a.

Dry cleaning plants which use cleaning systems which make use of solvents rated at more than five but not less than 40 according to the Underwriter's Laboratories, Inc. Standard Classification, known as Class II and Class III Systems, shall not be established in a building with other occupancy;

c.

The building for a dry cleaning plant shall not contain more than 4,000 square feet of floor area inclusive of dry cleaning pickup facility within the building;

d.

Fuel for operation of the equipment shall be smokeless fuel; and

e.

Central water and central sanitary sewage for systems are required.

(30)

Electric transformer stations, gas regulator stations and telephone exchanges (all zoning districts). The following provisions apply to electric transformer stations, gas regulator stations and telephone exchanges:

a.

These uses shall be essential for service to the area in which they are located;

b.

Any building or structure, except a fence, shall be set back not less than 20 feet from any property line and shall meet all applicable yard requirements;

c.

These uses shall be enclosed by a fence not less than eight feet in height;

d.

The required front yard and other open space on the premises outside the fenced area shall be grassed, landscaped and maintained in an appropriate manner; and

e.

The storage of vehicles and equipment on the premises shall be prohibited.

(31)

Electrical supply stores (C-1, M-1):

a.

Except in the M-1 zoning district there shall be no outdoor storage of materials, supplies or equipment except within a completely fenced area, which is adequately buffered to provide visual screening from the adjoining properties; and

b.

In the M-1 zoning district, outdoor storage shall be at least 50 feet from the street right-of-way line.

(32)

Farmers' markets (C-2):

a.

Weekend business license only;

b.

Written permission of the property owner shall be obtained prior to licensing and permitting of the operation; and

c.

Hours of operation limited from 8:00 a.m. to sundown.

(33)

Farming structures (AR). All farming-related structures shall be located at least 100 feet from property lines, and must comply with the conditions set out for accessory structures.

(34)

General building contractors (O-I, C-1, C-2, M-1, M-2). There shall be no exterior storage of equipment, materials or construction vehicles in any district other than the M-2 zoning district. Any outdoor storage must be placed on an impervious surface.

(35)

Golf cart sales and service (C-2). All stock-in-trade must be screened in accordance with screening provisions in the land development ordinance and stock-in-trade must be stored on an impervious surface.

(36)

Golf driving ranges (C-2, M-1):

a.

All structures, greens, fairways, and parking areas shall be set back at least 100 feet from any AR or residential zoning district;

b.

All structures, greens, fairways, and parking areas shall be set back at least 50 feet from any non-residential zoning district;

c.

Said facilities shall be for daytime use only except that lighting may be provided for facilities which are located more than 350 feet from a single-family or multi-family residence provided that lighting is oriented away from adjacent property; and

d.

No outside loudspeaker system shall be utilized.

(37)

Golf courses and clubhouses (A-R, M-1, C-2):

a.

The golf course shall be a minimum of nine holes;

b.

Any building or structure established in connection with this use shall be set back not less than 100 feet from any property line, except where the property line is a street line. The front yard setback established for the zoning district shall apply. When a property line is on a natural waterway, a property line setback shall be in accordance with the Soil Erosion and Sediment Control Act and this section, whichever is greater; and

c.

Lighting shall be established in such a way that adjacent properties and roadways are not adversely affected and that no direct light is cast upon adjacent properties and or roadways.

(38)

Group home (AR, CR-2, CR-3, R-20, R-18, R-12, DR, TR, RMF, MHP).

a.

The principal structure shall contain a residential facade architecturally similar to adjacent buildings;

b.

Such facility shall obtain all necessary local and state licenses;

c.

The use is limited to the principal structure only;

d.

All facilities must provide 80 square feet of personal living space per resident or that amount required by the State of Georgia for the licensing of group homes, whichever is greater;

e.

The owner of the establishment must live on the premises;

f.

Unless located in a district permitting two-family or multi-family dwellings, no more than four individuals not related to the owner by blood or marriage shall reside on the premises; and

g.

Inspections may be performed by the town to determine whether or not said facility is in compliance with these conditions.

(39)

Gun shops (C-2):

a.

Must have 12 inch bollards 42 inches high four feet apart which are designed to prevent vehicles from entering the front doors and which meet ADA standards;

b.

Must have a steel roll down gate in front of the entrance to prevent unauthorized entry;

c.

Operating hours must be limited to the time period between 10:00 a.m. and 8:00 p.m.;

d.

Must have an alarm system on the building to notify of unauthorized entry;

e.

Must have a camera security system to monitor building at all times for unauthorized activity;

f.

Must have concrete poured walls in any area involving discharge of fire arms;

g.

Must have a certified range safety officer on duty at all times;

h.

Must meet all applicable standards established for lead management and Occupational Safety and Health Administration (OSHA) compliance for indoor shooting ranges, as published by the National Association of Shooting Ranges and OSHA;

i.

Must install an intercom system within the facility; and

j.

Must install a seven-inch wide, four-foot tall concrete block wall along the property line shared with any other business for a distance of at least 65 feet.

k.

Gun shops may also have a firing range as an accessory use.

(40)

Health clubs or day spas (O-I, C-1, C-2). Private treatment rooms are required for each client receiving a personal service, and the use must comply with all state requirements.

(41)

Home occupations (All residential zoning districts):

a.

No use shall create noise, dust, vibration, smell, smoke, glare or electrical interference that would be detectable beyond the dwelling unit or accessory building;

b.

The use shall be conducted entirely within the dwelling unit or accessory building and only persons living in the dwelling unit shall be employed at the location of the home occupation;

c.

No more than 30 percent of the dwelling unit may be used for the conduct of the home occupation;

d.

No materials, equipment shall be stored or parked on the premises of the home occupation unless they are confined entirely within the residence. In addition, there shall be no storage of mechanical earthmoving equipment at the location of the home occupation unless the property area exceeds five acres; and

e.

No home occupation shall be operated so as to create or cause a nuisance.

(42)

Hospital (C-2, M-1, M-2, O-I):

a.

Minimum lot size—Ten acres;

b.

Such use shall be permitted only on a lot which fronts on an arterial thoroughfare;

c.

A minimum 50-foot buffer plus the required setbacks shall separate all buildings from any residential or AR zoning district;

d.

Minimum setbacks:

1.

Front yard—100 feet;

2.

Side yard—50 feet;

3.

Rear yard—50 feet; and

e.

Support services, such as pharmacies, public cafeterias and gift shops, are allowed provided such services are in conjunction with, and accessory to, the hospital structure. Such businesses shall be conducted within the primary use structure.

(43)

Hotels (including motels, lodging houses, inns, tourist courts, and extended stay hotels):

a.

Minimum lot size—Three acres;

b.

A minimum 100' buffer shall separate the development from residential or AR zoning districts;

c.

Exterior lighting shall be designed to be completely downward facing and shielded to prevent light spillage onto neighboring residential or mixed-use properties;

d.

Service entrances, loading docks, and garbage collection areas shall not be located adjacent to residential property lines and shall be screened with landscaping or architectural features;

e.

Windows, balconies, and rooftop amenities such as pools or lounges facing any residential district shall be designed to be screened from direct line of sight into neighboring residential properties. A line-of-sight study may be required;

f.

Hotels shall be required to provide main access to all guest rooms through a lobby of at least 1,000 square feet;

g.

All guest rooms shall be accessed through an interior hallway and shall not have direct access to the exterior of the building unless required by fire safety regulations;

h.

Outside storage or long-term parking of over 24 hours of heavy equipment or construction or related equipment shall be prohibited;

i.

No business shall be allowed to operate from a guest room within a hotel;

j.

If within 300' of residentially-zoned properties, hotels shall implement noise-control measures, such as soundproofing assembly areas and soundproofing or restrictions on outdoor assembly activities during the hours of 9:00 p.m. to 8:00 a.m.;

k.

No guest rooms shall be utilized for continuous occupancy by a single guest beyond 30 days and only one such stay may occur during any given 60-day period; and

l.

No hotel under these provisions shall have more than 30 percent of guestrooms which have facilities for the preparation of food by guests to include cooktop stoves, ovens, convection ovens, or ranges. This excludes mini-fridges and microwaves. All guestrooms which have such facilities shall have a minimum of 400 sq. ft. of floor area. For any such guestrooms designed for occupancy of more than two guests, a minimum of 500 sq. ft. of floor area shall be required.

(44)

Independent living facilities (C-1). Must be part of a care home facility campus.

(45)

Indoor pet boarding (C-1):

a.

All outdoor areas accessible to animals while off-leash shall be enclosed by a fence of at least six feet in height which is secured at the bottom to prevent an animal from digging out of the enclosed area.

b.

Animals shall be supervised at all times while off-leash in outdoor areas.

c.

No breeding of animals shall occur at the facility.

d.

Adequate sound-proofing and odor-proofing shall be provided so that the use does not create a nuisance.

e.

The facility shall be located at least 100 feet from any property zoned or used for residential purposes.

f.

The facility shall obtain all necessary state licenses and shall be in compliance with all applicable state regulations.

(46)

Junkyard (M-2):

a.

Not allowed within a radius of 500 feet of any public park, public playground, school, church, hospital, and cemetery; within 100 feet of any highway, nor within 500 feet of any residential zoning district;

b.

Must be screened from view of road and adjoining property with an opaque fence at least seven feet in height;

c.

Maximum lot size—Ten acres;

d.

A minimum 100-foot buffer shall be provided along every property line including public right-of-way so that junk is not visible from a public street or adjoining properties;

e.

All structures and storage areas shall be set back at least 200 feet from a public street and/or adjoining residential or AR zoning district; and

f.

Must follow all current state and federal regulations.

(47)

Kennels (M-2, AR). All structures used as boarding or breeding kennels shall be located and activities conducted at least 400 feet from any property zoned or used for residential purposes.

(48)

Laundromat, self-service or otherwise (C-2). Central water and central sanitary sewage systems are required.

(49)

Laundry and dry cleaning establishments, including pick-up stations, package plants and coin-operated facilities (C-1, C-2). The establishment is limited to a floor area not exceeding 4,000 square feet.

(50)

Livestock (AR):

a.

Livestock shall only be permitted on a fenced lot containing two or more acres for one animal, or one and one-half acres for each animal if more than one; and

b.

All buildings used for animals shall be set back not less than 200 feet from any property line.

(51)

Lumber, hardware and other building material establishments (C-2, M-1). Outdoor storage shall be at least 50 feet from the street right-of-way line.

(52)

Miniature golf courses (C-2):

a.

The facility shall be enclosed by a wall or fence and buffer area ten feet in depth to screen the adjacent properties, the fence or wall must be at least six feet in height and any portion over six feet must be transparent;

b.

Loudspeakers shall be prohibited;

c.

Lighting shall be established in such a way that adjacent properties and roadways are not adversely affected and that no direct light is cast upon adjacent properties and roadways; and

d.

No outdoor activities after 11:00 p.m.

(53)

Automobile sales. (C-2, M-1):

a.

The use shall not be permitted within 300 feet of any property used for a school, park, or playground.

b.

The use shall not be established on a lot which is either adjacent to or directly across the street from any residential zoning district.

c.

Loudspeakers are prohibited.

d.

Lighting shall be established in such a way that adjacent properties and roadways are not adversely affected and that no direct light is cast upon adjacent properties and roadways.

e.

Outside storage of other than stock-in-trade is prohibited.

f.

Stock-in-trade must be stored on an impervious surface.

g.

Outdoor activities are limited to operating hours from 7:00 a.m. to 9:00 p.m.

h.

All activities except for sales shall be conducted entirely indoors.

i.

All overhead doors must face the side and/or rear yard or be screened from view from the street.

(54)

Nursing home (RMF, O-I, E-I, C-2).

a.

Such facility shall obtain all necessary local and state licenses; and

b.

There shall be a maximum of 20 beds per gross acre of development.

(55)

Outdoors sports facilities and swimming pools (C-2):

a.

The facility shall be enclosed by a wall or fence and buffer area ten feet in depth to screen the adjacent properties, the fence or wall must be at least six feet in height and any portion over six feet must be transparent;

b.

Loudspeakers shall be prohibited;

c.

Lighting shall be established in such a way that adjacent properties and roadways are not adversely affected and that no direct light is cast upon adjacent properties and roadways; and

d.

No outdoor activities after 11:00 p.m.

(56)

Paint, glass and wallpaper stores (C-1, C-2). There shall be no outdoor storage of materials, supplies or equipment.

(57)

Personal care home (AR, CR-2, CR-3, R-20, R-18, R-12, DR, TR, RMF, MHP).

a.

The principal structure shall contain a residential facade architecturally similar to adjacent buildings;

b.

Such facility shall obtain all necessary local and state licenses;

c.

The use is limited to the principal structure only;

d.

All facilities must provide 80 square feet of personal living space per resident or that amount required by the State of Georgia for the licensing of personal care homes, whichever is greater;

e.

The owner of the establishment must live on the premises;

f.

Unless located in a district permitting two-family or multi-family dwellings, no more than four individuals not related to the owner by blood or marriage shall reside on the premises; and

g.

Inspections may be performed by the town to determine whether or not said facility is in compliance with these conditions.

(58)

Plant nurseries (C-2, M-1). Any structure used as a commercial plant nursery shall be set back at least 100 feet from any property zoned or used for residential purposes.

(59)

Public utility facilities (O-I, C-1, C-2, M-1, M-2):

a.

Minimum lot size—Five acres;

b.

All structural parts of the facility shall be contained within the boundaries of the parcel;

c.

An eight-foot high fence capped with barbed wire with a locked gate shall surround the facility;

d.

If electrical current is present in the facility, signs stating "high voltage" shall be attached to the fence every 20 linear feet; and

e.

A 100-foot undisturbed buffer is required adjacent to all property lines.

(60)

Recycling facility (M-1):

a.

All separation and processing (baling, compacting, grinding or shredding) must occur entirely within an enclosed building;

b.

A convenient paved drop-off area must be provided, permitting vehicles to re-enter the public street in a forward manner. Traffic circulation patterns must be indicated on the site plan;

c.

All outside storage of recyclable materials must be on a paved surface within fully enclosed bins with hinged lids or other access points which can be closed; and

d.

All outside storage areas shall be screened according to the development regulations. Storage bins cannot be greater in height than the screening.

(61)

Religious institutions (all residential zoning districts):

a.

Religious institutions must be located on a lot of at least five acres and have 100 feet of street frontage;

b.

A 50-foot buffer adjacent to residential zoning district is required;

c.

Driveways and parking areas are exempt from setbacks;

d.

The scale, intensity, and operation of the use shall not generate unreasonable noise, traffic, congestion or other potential nuisances or hazards to contiguous residential properties;

e.

Additional accessory uses and facilities that are customarily associated with religious institutions and intended primarily for the use of worshipers are permitted such as:

1.

Outdoor recreation facilities 10,000 square feet or smaller;

2.

Indoor recreation facilities such as gymnasiums, health, and fitness facilities;

3.

Recreation center and club;

4.

Cemetery or mausoleum;

5.

Museum;

6.

Adult day care center;

7.

Child day care center;

8.

Kindergarten;

9.

Private school;

10.

One dwelling for an employee of the place of worship;

11.

No outdoor activities are permitted to take place after 10:00 p.m.;

12.

The scale, intensity and operation of the accessory use or facility shall not generate unreasonable noise, traffic congestion, or other potential nuisances or hazards to contiguous residential properties;

13.

Must comply with the AR zoning district setbacks;

14.

Landscape area shall be required in accordance with the land development regulations;

15.

The construction of one open air pavilion utilized for picnics /social gatherings only is allowed under the following conditions:

(i)

Minimum lot size—15 acres;

(ii)

The pavilion must be at least 150 feet from any property line;

(iii)

The pavilion must be constructed following the construction of the main sanctuary building;

(iv)

The floor area cannot exceed 20 percent of the square footage of the main sanctuary building;

(v)

The pavilion may not be lighted or used after 10:00 p.m.; and

16.

Church or religious tent meetings must comply with and obtain a special events permit.

(62)

School (private, parochial and/or special) and incidental sports arena, stadium or recreational field (E-I, C-1, C-2):

a.

Minimum lot size—One acres;

b.

A minimum 100-foot wide buffer plus required setbacks shall be provided adjacent to any residential or AR zoning district;

c.

Outdoor recreation areas shall not be located within 150 feet of an adjoining residential or AR zoning district. Outdoor lighting for recreation purposes shall not be permitted after 10:00 p.m.;

d.

Student drop-off and vehicular turn-around facilities shall be provided on the site;

e.

The construction of one open air pavilion over 900 square feet utilized for picnics/social gatherings only is allowed under the following conditions

1.

Minimum lot size—40 acres;

2.

The pavilion must be at least 150 feet from any property line;

3.

The pavilion must be constructed following the construction of the main school building;

4.

The floor area cannot exceed 20 percent of the square footage of the main school building; and

5.

If the pavilion is built in conjunction with an attached storage building, the overall square footage shall not exceed 20 percent of the main school building square footage.

(63)

Self-storage warehouses (M-1):

a.

The development will be screened from view from any right-of-way;

b.

Development with visible exterior "drive-up" doors shall be limited to a single story. Development with all indoor storage units only accessible through interior corridor hallways shall be limited to two stories with an interior mezzanine level that is not visible to the right-of-way;

c.

Hours of operation will be limited to 7:00 a.m. to 9:00 p.m. (does not prohibit access to storage units);

d.

All lighting will be directed downward and inward. After hours lighting will be reduced as to minimize lighting impacts on adjacent and nearby developments;

e.

Impervious surface area is limited to 70 percent of the parcel (May 5, 2007);

f.

Storage of vehicles, boats, and trailers, shall be located so that they are not visible from view from adjacent residential areas and public roads with any combination of privacy fence and /or berm, and vegetation. Covered vehicle storage up to 850 square feet per parking space, shall be allowed provided it does not exceed 25 percent of the overall gross square footage of all buildings. All covered storage must have a peaked roof, be closed on any side that is visible from a residential or A-R zoning district or from any street and must be built of materials consistent with the main structure. Aisles adjacent to boat and RV parking shall be a minimum of 50 feet wide unless it is angle parking; and

g.

No exterior loudspeakers or paging equipment shall be permitted on the site.

(64)

Sexually oriented business (M-2):

a.

It is not located within 1,000 feet of:

1.

A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;

2.

A public or private educational facility including but not limited to child daycare facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities. School includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;

3.

A boundary of a residential zoning district;

4.

A public park or recreational area which has been designated for park or recreational activities included but not limited to a park, playground, nature trail, swimming pool, reservoir, athletic field, basketball or tennis court, pedestrian/bicycle path, wilderness area, or other similar public land which is under the control, operation or management of the town parks and recreation authorities;

5.

The property line of a lot devoted to a residential use;

6.

An entertainment business which is oriented primarily toward children or family;

7.

The premises of a business licensed pursuant to the alcoholic beverage regulations of the state;

b.

It is not located within 1,500 feet of another sexually oriented business; and

c.

It is not located within the same building, structure or portion thereof containing another sexually oriented business.

(65)

Small engine sales and repair. (C-1, C-2, M-1):

a.

The use shall not be permitted within 300 feet of any property used for a school, park, playground or hospital.

b.

No outdoor storage of equipment or inventory is permitted.

c.

All activities shall be carried on entirely within an enclosed building.

d.

The use shall not be established on a lot which is either adjacent to or directly across the street from any residential zoning district.

e.

All overhead doors must face the side and/or rear yard or be screened from view from the street.

(66)

Special trade contractors (O-I, C-1, M-1, M-2). There shall be no exterior storage of equipment, materials or construction vehicles in any district other than the M-2 zoning district. Any outdoor storage must be placed on an impervious surface.

(67)

Temporary carnival or rodeo (AR):

a.

Said carnival or rodeo shall not be operated longer than seven days;

b.

Tents shall require the approval of the Fayette County Fire Marshal;

c.

Off-street parking shall be required; and

d.

Outdoor lighting for activities shall not be permitted after 11:00 p.m.

(68)

Tennis court, club and facilities (C-2);

a.

The facility shall be enclosed by a wall or fence and buffer area ten feet in depth to screen the adjacent properties, the fence or wall must be at least six feet in height and any portion over six feet must be transparent;

b.

Loudspeakers shall be prohibited;

c.

Lighting shall be established in such a way that adjacent properties and roadways are not adversely affected and that no direct light is cast upon adjacent properties and roadways; and

d.

No outdoor activities after 11:00 p.m.

(69)

Waste facility (M-2):

a.

No outside storage of waste or waste containers shall be permitted;

b.

No waste shall be stored on-site over 24 hours;

c.

No waste facility shall be located within 1,000 feet of any AR or residential zoning district, park, playground, or other public land;

d.

No waste facility shall be located within 5,000 feet of another waste facility; and

e.

No waste facility shall be located within 1,000 feet of any state or federal highway right-of-way (November 20, 1997).

(Revised March 1, 2012; June 6, 2013; February 6, 2014; June 5, 2014; October 2, 2014; April 2, 2015; August 6, 2015; Ord. No. 2017-01, §§ 1, 2, 5-4-2017; Ord. No. 2017-07, § 1, 7-6-2017; Ord. No. 2018-07, §§ 5—9, 5-17-2018; Ord. No. 2018-08, § 1, 10-18-2018; Ord. No. 2020-05A, § 2, 9-17-2020; Ord. No. 2023-13, § 1, 11-2-2023; Ord. No. 2024-01, § 1, 3-7-2024)

The purpose of this section is to maintain a physically and aesthetically pleasing gateway into the Town of Tyrone, while keeping it in line with the surrounding environment to ensure visual continuity. In reviewing any application within this area, the mayor and council shall consider, among other things, the general design, the character and appropriateness of design, scale of buildings, arrangement, texture, materials, and colors of structures in question and the relationship of such elements to similar features of structures in the surrounding area. Any structure or site that is within 800 feet of the State Route 74 right-of-way line or that is part of a common development within 800 feet of the State 74 right-of-way line shall, in addition to the other requirements of this section, comply with the following:

(1)

Landscaping and screening requirements.

a.

Landscape plan submission. A landscape plan shall be submitted and approved as part of the predevelopment site plan as required by the provisions of this ordinance with particular attention paid to the following:

i.

Preservation. An effort should be made to preserve as much of existing plant material and land form as possible; clear-cutting and mass grading are not acceptable practices.

ii.

Context. The design shall be planned in such a fashion that it is physically and aesthetically related and coordinated with other elements of the project and surrounding environment to ensure visual continuity and context (color, material, mass, function, topography).

iii.

Quality. Landscape design shall be designed in a sound manner and constructed according to accepted good planting procedures.

b.

Planted buffer. A maintained planted buffer shall be in place for the first 50 feet of the building setback adjacent to State Route 74. The buffer area is defined as the unpaved segment of land located between the property line that abuts a right-of-way and any building or vehicular use area and designed for the preservation and placement of plant materials.

i.

The landscaping design shall protect scenic views via berms and screening and utilize natural features of the site.

ii.

Within the required street planting area, measuring the total length of the project street frontage exclusive of drives, trees from the large category shall be planted at intervals of 40 feet with either one medium category or three small category trees in between; however, creativity is encouraged. Trees in the large category shall be three inch caliper and not less than 12 feet in height at planting. Trees in the medium category shall be two and one-half inches caliper and not less than ten feet in height at planting. Trees in the small category shall be two inches caliper and not less than six feet in height at planting. The remaining area shall be landscaped with shrubs and ground cover. The shrubs and ground cover shall be defined in three categories: large shrubs (at a minimum size of seven gallon and three-foot in height at time of planting), medium shrubs (at a minimum size of three gallon and 18 inches in height at time of planting), and ground cover (at a minimum size of four inch pots and four inches in height at time of planting). Each category shall comprise of the following percentages of required shrubbery: a minimum 15 percent large shrubs, a minimum 15 percent medium shrubs, and maximum ten percent ground cover. All plants must meet ASFNS standards.

iii.

Berms. When required as a condition of site plan or zoning approval, shall be a minimum of five feet in height above grade of the road pavement, and shall be placed to the inside of the applicable buffer along State Route 74.

iv.

Exemption—Tree coverage. Landscaping requirements may be adjusted to preserve and utilize existing tree coverage for screening where:

1.

Preexisting dense forestry exists at such intervals of at least eight trees over 6" diameter per 100 square feet; and

2.

Preexisting dense forestry provides continuous visual screening that satisfies the purpose and intent of this section.

(2)

Architectural and dimensional requirements.

a.

Every application for the construction of a new building or structure and alterations and/or additions to existing structures shall be accompanied by drawings signed by the architect, engineer, or other appropriate professional which clearly show the following:

i.

Exterior elevations drawn to scale with color rendering;

ii.

Proposed colors, materials and textures for structures;

iii.

Location of all exterior utility facilities including any roof top units;

iv.

Proposed signs and location including size, color and material;

v.

Line of sight study from State Route 74.

b.

The design shall protect adjacent properties from negative visual and functional impacts.

c.

All loading docks, trash receptacles and equipment areas shall be screened from all streets via the use of plantings, fences, walls, and berms.

d.

Loading and unloading shall be done only into or from the rear or side of buildings.

f.

Outside finish construction (structures under 100,000 s.f. footprint):

i.

No less than 70 percent category "A" materials—Brick (hard burned clay), brick veneer, stone (with weathered or polished fluted broken face), or glass.

ii.

No more than 30 percent category "B" materials—Masonry backed stucco, E.I.F.S., metal or fiber cement boards.

g.

Outside finish construction (structures over 100,000 s.f. footprint):

i.

No less than 30 percent category "A" materials—Brick (hard burned clay), brick veneer, stone (with weathered or polished fluted face), or glass.

ii.

No more than 70 percent category "B" materials—Masonry backed stucco, E.I.F.S., metal or fiber cement boards.

h.

Exemptions.

i.

When an existing nonconforming structure is enlarged by 50 percent or less, the enlargement does not have to meet the aforementioned architectural standards, but does have to match the architectural design of the existing nonconforming structure. This exemption shall only apply to the first occurrence of any enlargement. Only on structure per lot shall be entitled to the exemption. When an existing nonconforming structure is enlarged by more than 50 percent, the entire nonconforming structure shall be brought into compliance with the aforementioned architectural standards.

ii.

Development approved prior to the adoption of this ordinance, provided the property is not rezoned from one category to another. If rezoning occurs, the requirements of this ordinance shall take full effect on the parcel or lot to the extent parcel dimensions will allow.

(3)

Traffic management.

a.

A traffic management plan, prepared by a qualified professional engineer or transportation planner, shall be submitted at the discretion of the town engineer, based on the size and intensity of the development and traffic conditions. The traffic management plan must identify any traffic impacts that will be created by the development as well as present any reasonable solutions to those impacts.

b.

Multi-use path connectivity. In order to provide for alternative modes of transportation (including the accommodation of golf carts, bicyclists, and pedestrians), the integration of multi-use paths is required consistent with the town's multi-use path plan. Path construction standards will be held to the standards set forth in the Fayette County Master Transportation Plan.

c.

Northwest corridor special traffic management area. For any properties within the town's municipal boundary north of Kirkley Road and West of SR-74, an internal collector road will be required from the existing median break at Thompson Road south to Kirkley Road. The design of the collector road will require left turn lanes at the intersections of SR 74 North and Kirkley Road as well as at all intersections internal to the developments. Final design approval of these intersections will be made by the town's engineer and the Georgia Department of Transportation.

(4)

Fences and walls.

a.

All required opaque fences or walls shall be constructed of one or a combination of the following: decorative wood, stone, stucco on block, decorative block, or brick. These fences or walls shall not exceed eight feet in height.

b.

Decorative wrought iron fencing may be used for architectural and security purposes only.

c.

Chain link, unfinished concrete or cinder block, plastic or fiberglass, barbed or razor wire, and plywood fences, or like materials, are prohibited in the front yard of any property and shall be screened from view if visible from SR-74. Paint shall not be considered a finish material.

(5)

Lighting and shielding. Lighting shall be placed in a manner to direct light away from any adjacent roadways or residential areas. Fixtures shall be a maximum of 35 feet in height within parking lots.

(6)

Utilities and service equipment. All utilities shall be located underground.

(7)

Outdoor storage. Outside storage of merchandise, commercial vehicles, equipment and parts shall not be visible from the right-of-way or adjoining properties. This shall not apply to overnight parking of regular business vehicles under GVWR of 26,000 ancillary to business activities.

(8)

Location. The location of the SR-74 Quality Growth overlay shall apply to buildings and sites within 800 linear feet of SR-74 right-of-way and to buildings and sites that are part of a common development where any part of said common development is within 800 linear feet of SR-74 right-of-way. This area extends from the northern limits of the town to the southern limits.

(Revised March 6, 2014; Ord. No. 2023-02, § 1, 2-16-2023; Ord. No. 2023-09, § 1, 10-5-2023)

(a)

Purpose and intent. The purpose of this section is to establish minimum development standards for the regulation of commercial telecommunications transmission towers, including but not limited to, cellular and personal communications systems (PCS) towers, broadcasting towers, two-way radio towers, fixed-point microwave dishes, commercial satellites and receiving dishes, and related accessory equipment and buildings. The intent of this section is to: (1) to implement the provisions of the Telecommunications Act of 1996 on a local level; (2) to control placement of towers and antennas in a way that minimizes the adverse visual impact to nearby properties by locating towers and antennas in non-residential areas or in areas where the adverse impact on the community is minimal; and (3) to advocate the shared use of new and existing tower sites through co-location thereby discouraging the proliferation of towers throughout the Town of Tyrone.

(b)

Applicability:

(1)

District height limitations. The requirements set forth shall govern the location of towers that exceed, and antennas that are installed at a height in excess of the height limitations specified for each zoning district. The height limitations applicable to buildings and structures shall not apply to towers and antennas.

(2)

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

(3)

Amateur radio receive-only antennas. This section shall not govern any amateur radio tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive-only antennas;

(4)

Pre-existing towers and antennas:

a.

Any tower or antenna previously permitted or currently in use on the effective date of this section shall not be required to meet the requirements of this section, other than the requirements of subsections (c)(5) and (c)(6) herein. Any such tower or antenna shall be referred to in this section as "pre-existing tower" or "pre-existing antenna";

b.

Pre-existing towers or antennas that are not in use for a continuous period of 12 months shall be removed per subsection (g) herein. An annual "tower in use certification" shall be required per subsection (g) as well;

c.

Where a pre-existing tower does not comply with the setback requirements of this section, co-location of antennas on such a tower may occur, provided that any proposed accessory equipment buildings placed within the existing fenced area meet the minimum setbacks of this section and that the height of the pre-existing tower is not increased by the proposed antenna. All other requirements of this section shall apply;

(5)

Existing tower replacement. Replacement of an existing tower structure is permitted provided that all of the following apply:

a.

The replacement tower is constructed on a site within close proximity to the existing tower at the same or greater setbacks than previously established;

b.

The replacement tower complies with the height requirements for the area in which it is located;

c.

The tower being replaced is removed from site within 15 calendar days from the issuance of the certificate of occupancy for the new tower;

d.

Additional co-location opportunities on the new tower are made available with the minimum users required based on tower height;

e.

Proposed accessory equipment buildings comply with established setbacks for existing tower facilities without increasing nonconformity; and

f.

A site plan for the new tower facilities is administratively approved.

(c)

General guidelines:

(1)

Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. The entire tower facility shall count as one principal or accessory use. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot;

(2)

Inventory of existing or planned tower sites. Each applicant for a new tower shall provide an inventory of all existing or planned tower sites in the town and within one-quarter mile of the border thereof. The zoning administrator may share such information with other applicants applying for approval under this section or other organizations seeking to locate antennas within the town; provided, however, that the zoning administrator is not, by sharing such information, in any way representing or warranting that such sites are available and/or suitable;

(3)

Availability of suitable existing towers or structures for co-location. No new tower shall be permitted unless the applicant demonstrates to the satisfaction of the town that no existing tower, nor any towers in the approval process, can accommodate the applicant's proposed antenna. All evidence shall be signed and sealed by appropriate licensed professionals or qualified industry experts. An existing or planned tower would not be suitable for co-location for the following reasons:

a.

No existing towers or structures located within the geographic area meet the applicant's engineering requirements, including, but not limited to, sufficient height, structural support strength, or electromagnetic interference with antenna(s) on the existing towers or structures;

b.

The fees or costs required to co-locate on an existing tower or structure or to adapt an existing tower or structure for co-location are unreasonable. Costs exceeding new tower development are presumed unreasonable. The applicant shall submit in writing a detailed estimate of total development costs;

c.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable; or

d.

Letters of rejection have been received for requests to co-locate on all existing and planned towers within the service area of the proposed tower.

(4)

Site plan. Applicants shall submit a scaled site plan. Additional information must include maximum effective radiated power, tower height requirements, tower structure standards, access, landscaping, buffers, and other information necessary to assess compliance with this section. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer. Site plan submittal shall include completion of a tower application, signed and notarized by both the property owner and the tower company representative/agent;

(5)

Aesthetics—Lighting. The following guidelines shall govern the aesthetics, installation and lighting of all towers and antennas:

a.

Towers shall, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness. Where possible, towers shall be designed to appear to be trees, or other natural features;

b.

At a tower site, the design of the buildings and related structures shall use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment;

c.

If any antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color and texture of the supporting structure, and if roof-mounted shall be screened by a parapet wall, so as to make the antenna and related equipment visually unobtrusive;

d.

Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the governing authority may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

(6)

Federal requirements. All towers must meet current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas, including modulation studies on frequency usage to avoid interference with existing systems in operation. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall result in appropriate action by the Town of Tyrone. Prior to submittal for an administrative site plan approval, applicants shall be required to submit written approval from the FAA which states that the proposed communications tower does not encroach onto or through any established public or private airport approach path or federal airspace as established by the FAA;

(7)

Building codes—Safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the electronic industries association, as amended from time to time. If upon inspection the governing authority concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 60 days to bring such tower into compliance. If the owner fails to bring such tower into compliance with such standards appropriate action will be taken by the Town of Tyrone.

(8)

Application. Any application submitted for approval shall meet all of the guidelines listed above. Failure to meet all required guidelines shall result in denial of said application. All applicants for new tower construction shall include the following information at time of application submittal: site and landscape plans drawn to scale; a report including all tower specifications and a description of the tower with technical reasons for its design; documentation establishing the structural integrity for the tower's proposed uses; the general capacity of the tower and information necessary to assure that ANSI standards are met; a statement of intent on whether excess space will be leased; proof of ownership of the proposed site or authorization to utilize it; and copies of any easements necessary;

(9)

Streamlined process for modification or co-location of wireless facilities:

a.

Applications for co-location or modification of a wireless facility entitled to streamlined processing as described below shall be reviewed for conformance with applicable site plan and building permit requirements, including zoning and land use conformity, but shall not otherwise be subject to the issuance of additional zoning, land use, or special use permit approvals beyond the initial zoning, land use, or special permit approvals issued for such wireless support structure or wireless facility;

b.

The streamlined process set forth above shall apply to applications for all modifications and to applications for all proposed co-locations that meet the following requirements:

(i)

The proposed co-location shall not increase the overall height or width of the wireless support structure to which the wireless facilities are to be attached;

(ii)

The proposed co-location shall not increase the dimensions of the equipment compound approved by the governing authority;

(iii)

The proposed co-location shall comply with applicable conditions of approval, if any, applied to the initial wireless facilities and wireless support structure, as well as any subsequently adopted amendments to such conditions of approval;

(iv)

The proposed co-location shall not exceed the applicable weight limits for the wireless support structure, as demonstrated by a letter from a structural engineer licensed to practice in the State of Georgia;

c.

An applicant shall not be required to submit radio frequency analyses; however, the zoning administrator may require the applicant to provide a letter from a radio frequency engineer certifying the applicant's proposed wireless facilities will not interfere with emergency communications;

d.

Within 90 calendar days of the date an application for modification or co-location of wireless facilities is filed with the zoning administrator, unless another date is specified in a written agreement between the governing authority and the applicant, the zoning administrator shall:

(i)

Make his or her final decision to approve or disapprove the application; and

(ii)

Advise the applicant in writing of his or her final decision;

e.

Within 30 calendar days of the date an application for modification or co-location is filed with the zoning administrator, the zoning administrator shall notify the applicant in writing of any information required to complete the application. To the extent additional information is required to complete the application, the time required by the applicant to provide such information shall not be counted toward the 90 calendar day review period set forth above.

(d)

Development requirements:

(1)

Zoning districts allowed—M-1, M-2;

(2)

Lot area. Tower facilities shall be on a lot which meets the minimum lot size for the district in which it is located. A tower may occupy a leased parcel being a portion of the lot (parent parcel). For the purposes of determining whether the installation of a tower or antenna complies with district development regulations, including, but not limited to, set back requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots. Towers that are constructed and antennas that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.

(3)

Setbacks:

a.

All tower facilities shall be set back from adjoining properties in the A-R or residential zoning districts a distance equal to the height of the tower or 200 feet, whichever is greater;

b.

All tower facilities shall be set back from adjoining properties in the non-residential zoning districts a distance equal to the height of the tower or 100 feet, whichever is greater;

(4)

All anchors for guyed towers shall comply with the minimum setbacks of the zoning district;

(5)

Towers over 70 feet in height shall not be located within one mile from any existing or planned tower that is over 70 feet in height;

(6)

Security fencing. The tower facilities shall be enclosed by a black or green vinyl-coated chain link fence not less than eight feet in height and shall be equipped with an appropriate anti-climbing device. Access to the communication tower shall be through a locked gate;

(7)

Landscaping. As specified below, the regulations of the Tyrone Zoning Ordinance and/or Tyrone Land Development Standards shall apply:

a.

A ten-foot buffer area shall surround all tower facilities. The buffer shall consist entirely of evergreens, and once installed shall be a minimum of six feet in height at time of planting;

b.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible, as determined by the zoning administrator. In some cases, such as towers sited on large wooded lots, the zoning administrator may determine that natural growth around the property perimeter may be a sufficient buffer, in lieu of the required landscaping. If existing vegetation to remain is requested to count toward the landscaping requirements, all such information, including location, size, and type of vegetation shall be indicated on the site/landscape plan;

c.

Landscaping shall be installed on the outside of the required fence;

(8)

Maximum height for all towers and antennas is 199 feet. Tower height shall be measured from the natural grade of the ground at the location of the tower to the highest point of the tower, including any antenna. If minimal grading (elevation of one to two feet above natural grade) is required to level the ground for the tower base, tower height shall be measured from the finished grade approved by the zoning administrator; and

(9)

Towers shall not be located on the same lot as a school or day-care center.

(e)

Permitted uses:

(1)

General. Permitted uses shall not require public hearings. Nevertheless, all such uses shall comply with subsections (c) and (d) of this section and all other applicable ordinances. Prior to the installation of any tower or antenna, the applicant shall provide written notice to the zoning administrator, which notice shall include the location, size, and configuration of such antenna. Written notice shall be certified by a licensed professional engineer;

(2)

Specific permitted uses:

a.

Installing an antenna on an existing structure, so long as said addition adds no more than 20 feet to the height of said existing structure (including buildings, light poles, water towers, or other free standing non-residential structures excluding signs). Total height of existing structure and new antenna shall be 199 feet or less;

b.

Installing an antenna on any existing tower, so long as said addition adds no more than 20 feet to the height of said existing tower and said existing tower is not a pre-existing tower. Total height of existing tower and new antenna shall be 199 feet or less; and

c.

Adding onto an existing mechanical or accessory building, or placement of additional equipment cabinets or buildings at a tower site as part of co-location.

(f)

Public hearing required.

(1)

General. The following provisions shall govern those towers which require a public hearing and approval by the mayor and council. All such uses shall comply with subsections (c) and (d) of this section and all other applicable ordinances. Applicants shall apply for a public hearing through the zoning administrator:

a.

If the tower or antenna is not a permitted use, then a public hearing shall be required for the construction of a tower or the placement of an antenna in all zoning districts; and

b.

In granting an approval, the mayor and council may impose conditions to the extent they conclude such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

(2)

Factors considered in public hearing applications. The mayor and council shall consider the following factors in determining whether to approve an application, although the mayor and council may waive or reduce the burden on the applicant of one or more of these criteria, if in the sole discretion of the mayor and council, the goals of this section are better served thereby:

a.

Height of the proposed tower;

b.

Proximity of the tower to residential structures and residential zoning district boundaries;

c.

Nature of uses on adjacent and nearby properties;

d.

Surrounding topography;

e.

Surrounding tree coverage and foliage;

f.

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; and

g.

Proposed ingress and egress.

(g)

Tower in use certification and removal of abandoned antennas and towers. An annual tower in use certification will be required for any tower or antenna previously permitted or currently in use on the effective date of this section. Said certification shall be submitted to the zoning administrator signed and notarized by the tower company representative/agent by the 31 ^st of January each year. Any antenna or tower, including pre-existing towers and antennas, that are not in use for a period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove same within 90 days of receipt of notice from the governing authority notifying the owner of such abandonment. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

(h)

Performance bond required. Prior to the issuance of a zoning compliance certificate to erect a new tower structure, every applicant shall be required to deposit a performance bond with the Town of Tyrone. The amount of the bond shall be not less than $5,000.00 nor more than ten percent of construction costs, as determined by the zoning administrator. Such bond shall be required upon compliance with all aspects of this section and shall be applicable to any assignee and owner of any permit granted hereunder, or any employee, contractor, subcontractor, or other party performing services in connection with any certificate of zoning compliance issued by the zoning administrator. The required performance bond shall be released only upon demolition of the tower and restoration of the site to the pre-development conditions. The format of the bond shall be approved by the town attorney.