Vienna City Zoning Code

No building, structure or land shall be erected and no existing building or structure or any part thereof shall be reconstructed or moved, nor shall any land, structure or building be used or altered except in conformity with the regulations specified in this chapter for the district in which it is located.

(Code 1980, § 6-4-21)

(a)

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

(1)

Exceed the height limits;

(2)

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

(3)

Have narrower or smaller front or side yards;

than are required in this chapter.

(b)

Height limits of this chapter shall not apply to structures not intended for human occupancy such as church spires, flagpoles, chimneys, monuments, radio or television towers or aerials, water towers or similar structures. The height limits shall apply to signs and billboards.

(Code 1980, § 6-4-22)

No lot, even though it may consist of one or more adjacent lots in the same ownership as of the adoption of the ordinance from which this chapter was derived, shall be reduced in size so that lot width or size of yards or lot area per family or any other requirement of this chapter is not maintained, except as otherwise specified in this chapter.

(Code 1980, § 6-4-23)

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

(Code 1980, § 6-4-24)

No building shall be erected on a lot that does not abut for at least 25 feet on a public street.

(Code 1980, § 6-4-25)

The side yard setback requirement for corner lots shall be the same as the front yard requirements for adjoining lots on the same street.

(Code 1980, § 6-4-26)

Only one principal building and its customary accessory buildings shall hereafter be erected on any one lot.

(Code 1980, § 6-4-27)

No sign, hedge or other obstacle to vision between the height of two and ten feet shall be placed within 20 feet of any street intersection right-of-way lines.

(Code 1980, § 6-4-28)

The front yard setback requirement of this chapter for dwellings shall not apply on any lot where the average setback of existing buildings located wholly or in part within 100 feet on each side of any lot within the same block and zoning district and fronting on the same side of the street is less than the minimum required setbacks of the adjoining buildings, but in no case shall the setback be less than 15 feet from the street right-of-way upon which that lot fronts.

(Code 1980, § 6-4-29)

A nonconforming use shall include any building, structure or use of land existing at the time of adoption of the ordinance from which this chapter was derived but not in conformity with its use regulations and provisions. Any nonconforming uses may be continued but shall not be:

(1)

Changed to another nonconforming use;

(2)

Extended or enlarged except in conformity with this chapter;

(3)

Reestablished after discontinuance for one year; and

(4)

In order for a nonconforming use to be rebuilt, altered or repaired after damage has exceeded 50 percent of its assessed value for city tax purposes, the nonconforming use shall be presented to the board of appeals by the zoning official, whereupon a hearing shall be set to determine whether there is cause to grant a variance.

(Code 1980, § 6-4-30)

At least one off-street parking space not less than nine feet in width and 20 feet in length with vehicular access to a public street shall hereafter be provided for:

(1)

Each dwelling unit on a residential lot;

(2)

Each mobile home space in a developed mobile home park;

(3)

Each 250 square feet of total floor area for a retail commercial establishment, if on-street parking is not adequate;

(4)

Each two employees at maximum employment on a single shift for any industrial activity;

(5)

Each two employees at a gasoline service station, plus one space for each service bay; and

(6)

One and one-half automobile spaces shall be provided for each unit in a multifamily dwelling.

(Code 1980, § 6-4-31)

At least one off-street loading space not less than ten feet in width and 25 feet in length with vehicular access to a public street shall hereafter be provided for each retail business and for industrial use in addition to the required number of off-street parking spaces.

(Code 1980, § 6-4-32)

For all zoning approvals except for single-family and agricultural uses, a site and development plan shall be required. Three copies of the plan shall be submitted to the zoning officer with sufficient information to determine its compliance with the requirements of this chapter. The plan should include such things as parking, landscaping, utilities, proposed uses, drainage, signs, etc.

(Code 1980, § 6-4-33)

For the purpose of this chapter the use and location of signs will be controlled in the following manner:

(1)

In residential districts no more than one on-site sign will be allowed for nonresidential use. This sign shall not exceed four square feet in area and shall not be illuminated in any manner. The sign shall not be located within any required yard setback area unless attached to the building.

(2)

In commercial, industrial and agricultural districts, on-site signs will be allowed. These signs when illuminated will be arranged so as not to reflect light into residential areas. Such on-site signs shall not exceed 32 square feet in area, shall not exceed 20 feet in height, shall have only one ground pole per lot, and all other signs shall required a variance. All signs, except in the downtown area, shall have a minimum of a 15-foot setback unless attached to a building.

(3)

All signs shall be designed to be harmonious with the surrounding structures and uses.

(4)

These signs are expressly prohibited in all districts: Illuminated sequential, flashing, blinking, or oscillating signs, whether permanent or portable, with the exception of signs providing time and temperature.

(5)

The total sign area of all signage on any one lot shall not exceed 200 square feet. A double-faced sign shall be considered a single sign. However, signage designed for pedestrian viewing only, such as under canopy signage or small directional signs, shall not be included in calculating the maximum allowable sign area per lot.

(6)

Roof signs shall not be permitted.

(7)

Nothing contained in this section shall apply to interstate signs and shall not be in conflict with chapter 14, article IV. of the Code of Ordinances of the City of Vienna.

(Code 1980, § 6-4-34; Ord. of 9-22-03, §§ 1, 2)

In mobile home parks, the following standards shall apply:

(1)

Each trailer space shall provide a minimum area of 3,000 square feet.

(2)

No trailer shall be nearer than 15 feet from any neighboring trailer or interior road or nearer than 30 feet from an adjacent property line.

(3)

A buffer in accordance with section 82-88 shall be required.

(4)

One refuse collection station shall be provided for each 20 families or fraction thereof.

(5)

Water and sanitary facilities shall be connected to each trailer, as required by the state health department.

(6)

A recreation area shall be developed for each park at a ratio of 20,000 square feet per five-acre park.

(7)

Paved interior roadways shall be provided with adequate access to each trailer space and public street. Interior roadways shall have a pavement of not less than 16 feet.

(Code 1980, § 6-4-35)

Utility, water and sanitary facilities shall be connected to each new dwelling, building and/or structure as required by the state health department.

(Code 1980, § 6-4-36)

All dwelling units, including mobile homes, shall be required to have permanent foundations and underpinned.

(Code 1980, § 6-4-37)

For all uses where a site and development plan is required under section 82-83, a buffer area shall be required. The buffer shall be in a five-foot-wide area and shall be at least eight feet in height. The buffer may be in the form of walls, fences or landscaping. The buffer may be required along the front, side and rear yard lines if necessary.

(Code 1980, § 6-4-38)

Loft dwellings shall be subject to the following restrictions:

(1)

All window treatments visible from the exterior of the commercial building must be off-white colors, with no signs, drawings, or photographs incorporated therein. No articles shall hang from the outside of the windows or be placed above or lateral to the windows such as, but not limited to, awnings or canopies, unless design and color are approved by the Vienna Historic Preservation Commission as to those loft dwellings within the designated historic district.

(2)

No exterior television, radio or other electronic receiving device antennae or satellite reception dishes or discs shall be permitted unless such device is less than 36 inches in diameter, located on the roof in such a way as is not visible from any public street; cable connectors shall be permitted and located at the rear of the exterior of the commercial establishment.

(3)

Clothing shall not be permitted to hang for any purpose on the exterior of the subject building.

(4)

All window air conditioning and/or heating units shall not be visible from any public street.

(5)

No recreation, entertainment, public gathering, or placement of furniture shall be allowed on the sidewalks along the exterior of buildings where loft dwellings are permitted.

(6)

Parking. Each residential unit of the loft dwelling shall have its own off-street parking with direct access to a public street.

(Ord. of 9-23-13(2))

Photovoltaic solar energy production facilities shall be allowed in all districts as a special exception use and shall be subject to the following restrictions and conditions:

(1)

Area of use may not exceed 100 acres on-site with no aggregation of solar collection panels on adjacent properties which exceeds 100 acres; and

(2)

Photovoltaic solar energy production facilities may consist only of solar collection systems in residential districts and may be used for on-site purposes only; and

(3)

Solar energy production facilities shall adhere to the setback and height requirements of the district in which they are located. Ground-mounted systems shall be fenced with "Danger - High Voltage" warning type signs attached to said fencing at intervals of not more than 100 feet; and

(4)

Solar energy production facilities shall be visually screened from abutting residential properties through any one or combination of the following: (1) plantings; (2) existing vegetation; or (3) fencing not to exceed eight feet in height; and

(5)

The manufacturers' or installers' identification, the facility owner's name and contact information, and the appropriate warning signage shall be posted on or near the panels in a clearly visible manner and on the required fencing; and

(6)

All electrical interconnection and distribution lines within the project boundary, except for power lines that leave the project or are within the substation shall be underground unless otherwise determined by the Mayor and City Council of the City of Vienna because of severe environmental constraints; and

(7)

Lighting of the solar energy production facility and accessory structures shall be limited to the minimum lumens required for access or necessary repair and replacement and said lighting shall not be directed at residential structures on abutting property existing as of the date of construction of said facility; and

(8)

Solar panels shall be designed and installed to prohibit sun reflection in such a manner to impede vehicular traffic and any habitable portion of an adjacent or abutting structure. Lighting of the solar energy production facility and accessory structures shall be limited to the minimum lumens required for access or necessary repair and replacement and said lighting shall not be directed in such fashion as to impede vehicular traffic; and

(9)

Professional engineered drawings that clearly illustrate the design of the solar energy production facility shall be submitted as part of the special exception use application package. Manufacturers' drawings for solar collection systems in residential systems may be submitted in lieu of professional engineered drawings. The Planning and Zoning Commission of the City of Vienna may apply aesthetic consideration when making recommendation to the Mayor and City Council of the City of Vienna for approval or disapproval; and

(10)

Any solar energy production facility that has not been in use for its original purpose for a period of 180 days as determined by records of the production facility owner, property owner, or City of Vienna shall be deemed to be abandoned. The solar energy production facility owner and/or the property owner shall have 90 days to remove the abandoned solar energy system and any appurtenant structures or to reactivate the solar energy system; and

(11)

The Planning and Zoning Commission of the City of Vienna may, in its discretion, recommend to the Mayor and City Council of the City of Vienna to waive any of the above-listed conditions or may recommend that additional and appropriate conditions and safeguards in conformity with this Ordinance be prescribed in order to mitigate the impact of the use to surrounding uses and to otherwise protect public health, safety and general welfare. Violation of each such condition and safeguard, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this section. Each day such violation occurs shall be considered a separate and distinct violation of this section.

(12)

Ground-mounted accessory solar panels.

a.

Ground-mounted accessory solar panels shall only be permitted in the rear and side yard in the commercial zoned districts, and in the rear yard only of residential zoned districts.

b.

Ground-mounted solar panels located on the ground or attached to a framework located on the ground shall not exceed eight feet in height above the ground.

c.

Ground-mounted solar panels shall meet the setback as required for in the districts in which they are located.

d.

The total coverage of a lot with ground-mounted solar panels cannot exceed 20 percent lot coverage.

e.

Ground-mounted systems shall be screened from any adjacent property that is residentially zoned or used for residential purposes. The screen shall consist of plant materials which provide a visual screen. In lieu of a planting screen, a decorative fence meeting requirements of the zoning ordinance may be used.

f.

The manufacturers' or installers' identification and appropriate warning signage shall be posted on or near the panels in a clearly visible manner.

(13)

Roof-mounted solar panels.

a.

Roof-mounted solar panels shall be located only on rear or side-facing roofs as viewed from any adjacent street.

b.

A roof-mounted system may be mounted on a principal building or accessory building.

c.

A roof-mounted system, whether mounted on the principal building or accessory building, shall be subject to the maximum height regulations specified for building within the underlying zoning district.

d.

In no instance shall any part of the roof-mounted system extend beyond the edge of the roof.

e.

The panels shall not be located within three feet of any peak, eave or valley of the roof to maintain pathways of accessibility.

f.

The manufacturers' or installers' identification and appropriate warning signage shall be posted on or near the panels in a clearly visible manner.

(14)

Historic district overlay. Solar energy production facilities are allowed in the historic district overlay; are subject to the above regulations and the Vienna Historic District Guidelines. A certificate of appropriateness from the Vienna Historic Preservation Commission is required prior to permitting.

(Ord. of 9-23-13(3); Ord. of 8-25-14)

(a)

An ordinance of the mayor and city council of Vienna, Georgia providing definitions relating to cryptocurrency and data mining and standards to protect the public health, safety, and welfare and avoid unintended impacts on resources and adjacent uses.

(b)

By enacting this article, it is the intent of mayor and city council of Vienna, Georgia to:

(1)

Enable the development of cryptocurrency mining and data centers, to the extent possible, in areas where any potential adverse effects on the community will be minimized.

(2)

Ensure that adequate capacity is available on the applicable electrical power supply lines and substations to serve both the cryptocurrency mining and data centers and to serve the other needs of the service area consistent with the normal projected local growth envisioned by the local energy provider(s).

(Ord. of 6-24-25(1))

(a)

This article shall apply to all commercial cryptocurrency mining operations installed, constructed, or modified after the effective date of this article.

(b)

Commercial cryptocurrency mining operations in place before the effective date of this article shall not be required to meet the requirements of this article unless replacement, alteration, or expansion of operation thereon is requested.

(c)

All commercial cryptocurrency mining operations shall be designed, erected, and installed following all applicable local, state, and federal codes, regulations, and standards.

(Ord. of 6-24-25(1))

(a)

All principal and accessory structures used for cryptocurrency mining operations, server farms, and/or data centers, shall be arranged, designed and constructed to be harmonious and compatible with the site and with the surrounding properties. If pre-fabricated, pre-engineered or modular structures are installed, the followed standards are required:

(1)

All structures shall have concrete foundations.

(2)

All exterior facades shall have muted earth tone colors, and shall not be defective, decayed or corroded.

(3)

If intermodal shipping containers are utilized such installation shall comply with the requirements of the most recent edition of Industrialized Building Rules and Bulletins of the Georgia Department of Community Affairs.

(b)

The operations shall not cause the dissemination of vibration or noise in excess of the maximum environmental noise level established by City Code of Ordinances chapter 34, article III.

(c)

The operators shall not cause, allow, or permit the operation of any source of sound which creates at an occupied residential building or defined sensitive receiver, as may exist at the time of the issuance of a certificate of completion or occupancy, a sound level that exceeds a daytime continuous sound level of 50 dBA or a nighttime continuous sound level of 45 dBA, for any 15 minute measurement interval unless otherwise permitted.

(d)

The operators shall not cause, allow, or permit the operation of any source of sound which creates a pure tone where the one-third octave band sound pressure level in the band of interest exceeds the arithmetic average of the sound-pressure levels for the two adjacent one-third octave bands by the corresponding decibel (dB(Flat)) values as follows:

(1)

Five dB for center frequencies of 500 Hertz and above,

(2)

Eight dB for center frequencies between and including 160 and 400 Hertz, and

(3)

Fifteen dB for center frequencies less than or equal to 125 Hertz.

(4)

A pure tone shall be deemed present by measurement.

(e)

For permitting and compliance purposes, measurements shall be performed using a calibrated Type 1 sound level meter, configured to log and record one-third octave flat-weighted equivalent sound pressure levels, and A-weighted equivalent level (Leq), slow time weighting, with a 15-minute averaging interval. Measurements shall be made proximate to, but no closer than, 100 feet from an occupied residential structure or other designated sensitive receiver. Transient background sounds must be excluded from the measurement period by post-processing or other means. Compliance is indicated if the noise solely generated by the operator cannot be discriminated from the equivalent continuous background sound pressure level, or if the noise levels solely generated by the operator otherwise conform to the requirements of subsections (c) and (d).

(f)

Prior to the issuance of a certificate of completion or occupancy, a report with noise level test results shall be submitted for approval by the applicant from a qualified acoustical professional for the purpose of demonstrating compliance.

(g)

A noise reduction barrier or device may be required at the discretion of the zoning administrator when it is conclusive that noise level tests do not conform to subsections (c) and (d).

(h)

Terminology as used herein related to acoustic levels and measurements follow American National Standard ANSI S12.9: "Quantities and Procedures for Description and Measurement of Environmental Sound—Part 1: Basic Quantities and Definitions," and ANSI S12.9: "Quantities and Procedures for Description and Measurement of Environmental Sound. Part 3: Short-term measurements with an observer present".

(i)

The limitations of subsections (c) and (d) herein shall not apply to any residential or sensitive receiver that is established after the date of issuance of a certificate of completion or occupancy for the applicant's operation.

(j)

The equipment used in any commercial cryptocurrency mining operation shall be housed in a metered, electrically grounded, and pre-engineered metal-encased structure with a fire rating designed to resist an internal electrical fire for at least 30 minutes. The containment space shall contain baffles that will automatically close in the event of fire independent of a possible electric system failure.

(k)

Any use or activity producing air, dust, smoke, glare, exhaust, heat, or humidity in any form shall be carried on in such a manner that it is not perceptible at or beyond the property line.

(l)

Any use of ISO shipping containers or similar as housing, whether horizontally combined or independent of other structures for the commercial cryptocurrency mining operation, shall not be vertically combined to exceed a height greater than nine feet.

(m)

Each commercial cryptocurrency mining operation shall provide a 24-hour emergency contact signage visible at the access entrance. Signs shall include company name if applicable, owner/representative name, telephone number, and corresponding local power company and telephone number.

(n)

All cryptocurrency mining operations shall meet the requirements of sections 82-82—82-88, of article III of this code with regard to buffers and screening which shall be applicable to the perimeters of the building or construction footprints, except for areas of ingress and egress into the site.

(o)

Prior to approval of the certificate of completion or occupancy, the applicant shall provide written verification from the electrical service provider stating the following:

(1)

Adequate capacity is available on the applicable supply lines and substation to ensure that the capacity available to serve the other needs of the service area is consistent with the normal projected load growth envisioned by the provider;

(2)

Utility supply equipment and related electrical infrastructure are sufficiently sized and can safely accommodate the proposed use;

(3)

The use will not cause electrical interference or fluctuations in line voltage on and off the operating premises; and

(4)

Prior to approval of the certificate of completion or occupancy, the applicant shall provide the city with written verification that the electrical work has passed a third-party final inspection.

(p)

Any commercial cryptocurrency mining operation that is not operated for a continuous period of 12 months and for which there are no applications pending for permitted use of the structure at the end of such 12-month period, shall be considered abandoned, whether or not the owner or operator intends to make use of the device(s). The owner of an abandoned server farm or data center, and the owner of the property where the abandoned server farm and data center are located shall be under a duty to remove such facilities. If such facilities are not removed within a reasonable time, not to exceed three months, after receipt of notice from the governing authority notifying the owner(s) of such abandonment, the governing authority may remove such facilities and place a lien upon the property for the costs of removal. The governing authority may pursue all legal remedies available to it to ensure that abandoned device(s) are removed. Delay by the governing authority in taking action shall not in any way waive the governing authority's right to take action.

(Ord. of 6-24-25(1))

No commercial cryptocurrency mining operation may be developed without site plan review and verification by the city that all requirements within this article are met. Commercial cryptocurrency mining operations are allowable uses within the following zoning districts: I-1—light industrial and I-2—general industrial.

(Ord. of 6-24-25(1))

If the owner of a commercial cryptocurrency mining operation is found to violate the provisions of this article, appeals should be made in accordance with the established procedures of the local government code.

(Ord. of 6-24-25(1))

(a)

This article shall become effective immediately upon its adoption.

(b)

All other portions, parts and provisions of the zoning ordinance of the City of Vienna, as heretofore enacted and amended, shall remain in force and effect.

(c)

All ordinances, or parts of ordinances, in conflict herewith are replaced.

(d)

If any part of this article conflicts with any other applicable federal, state, or local regulation, the more restrictive regulation shall control.

(e)

If any section, clause, portion or provision of this article is found unconstitutional, such invalidity shall not affect any other portion of this article.

(Ord. of 6-24-25(1))