Numbers shown in parentheses refer to NAICS codes in Article 5.

A.

Accessory retail shops such as cafeterias, gift shops, clothes stores, bookstores, newsstands, snack bars, etc., conducted within a principal building for the sole convenience of employees, patients, patrons or visitors. Accessory shops shall equal twenty percent (20%) or less of total gross floor area. No outside storage shall be allowed for these uses.

Airstrip, Helipad Private are allowed by conditional use in the A, A1, A2, zonings and by right in the B1, B2, B3, and MUBP zoning. A site plan must be submitted and approved by the department.

No person shall hereinafter construct, maintain, or operate any airstrip, heliport, or helipad without the owner thereof having first obtained a conditional use permit as hereinafter set forth.

1.

Application Requirements:

a.

Complete site plans must be submitted to the Department with the application for approval of the airstrip, helipad, or heliport.

b.

Said plans shall identify the approach and takeoff zones, surrounding land uses and zoning districts, houses, poultry houses, livestock facilities, roads, utility lines and other sensitive uses within one thousand (1,000) feet of the proposed facility (two thousand (2,000) feet with regard to approach and takeoff zones associated with the proposed airstrip or heliport).

c.

Said plans shall also indicate any proposed fuel storage facilities, enclosed hangers and other accessory uses.

d.

Also provided that the airstrip, taxiway and other ground areas upon which aircraft are to be operated shall not be closer than one thousand (1,000) feet from any existing residential structure excepting that of the subject property owner or any new residence proposed in conjunction with the airstrip, as in a "fly-in" subdivision.

e.

The runway for fixed-wing aircraft shall be at least one thousand two hundred (1,200) feet long.

f.

Notice of Landing Area Proposal. Also provided that the applicant shall file with the Federal Aviation Administration (FAA) a form 7480-1, "Notice of Landing Area Proposal" and subsequently receive a "Non objectionable Determination Letter" from FAA, prior to use of the facility by any aircraft. A currently approved "Non-objectionable Determination Letter" from the FAA shall be maintained on file with the Department.

2.

Operational Restrictions. All operations shall be constructed in a manner consistent with applicable chapters of the Federal Aviation Regulations: CFR Title 14.

Except as otherwise allowed with special use approval by the Board of Commissioners, the following shall apply:

a.

No fixed-wing aircraft using the facility shall have more than two (2) engines. Helicopters shall be limited to one (1) main rotor system.

b.

No aircraft using the facility shall have more than seven (7) seats nor be designed to carry more than six (6) passengers.

c.

The facility shall not be used for commercial aircraft maintenance.

d.

No fixed-wing turbo jet aircraft shall use the facility.

e.

The facility shall be used only for private, non-commercial aircraft and shall not be used for organized aviation events such as skydiving, air shows, flight schools, commercial air tours or similar functions.

f.

The airstrip facility shall be located on a parcel of land at least twenty (20) acres and helipad at least five (5) acres in size.

g.

The facility shall not be used for repetitive takeoffs and landings from dusk to dawn.

h.

All heliports shall be maintained in accordance with the established criteria from the Georgia Fire Marshal's Office.

All existing landing strips and helipads shall apply for a license to be reviewed and considered by the Planning and Development Department to be approved as a legal non-conforming use prior to January 1, 2025. A license fee of seventy-five ($75.00) per year will be required. Renewal notices will be sent out each year.

(Ord. No. OA24060019-11, 11-5-2024)

Editor's note— Ord. No. OA24060019-11, adopted Nov. 5, 2024, amended the title of § 6-1-110 to read as herein set out. The former § 6-1-110 title pertained to airstrip, private (9).

A.

Walton County Board of Education schools are exempted from these use standards.

B.

A traffic study and development of regional impact review application shall be completed as required in Appendix D and Article 8, Section 8-1-120 of this Ordinance.

C.

All structures shall be located and all activities shall take place at least one hundred (100) feet from any property line adjacent to a residential zone or use.

D.

A minimum buffer shall be required adjacent to any residential use or zone as required in Article 12.

(Ord. No. OA24060019-18, 11-5-2024)

Animal Feeding Operations are permitted as an authorized use in the A Agricultural District provided that such uses:

A.

Comply with the regulations and permitting requirements of the Georgia Department of Natural Resources, Environmental Protection Division (permitted under Chapter 391-3-6-.21 for non-swine and 391-3-6-.20 for swine of the Rules and Regulations for the State of Georgia).

B.

Are not included in any overlay district defined in Article 4, Part 4-2 of this Ordinance;

C.

Are not located in any 100-year floodplain;

D.

Are not located:

1.

Within a delineated water protection area for a public water system;

2.

Within a groundwater recharge area;

3.

Within one thousand two hundred (1,200) feet of a private groundwater well which is not owned by the operator or one thousand five hundred (1,500) feet of a public ground water well; or

4.

Within one thousand (1,000) feet of surface water.

E.

Comply with the following odor setbacks. An owner of property shall locate and establish a residence, business, church, school, public park, or subdivision for residential use so as to provide a separation distance from any existing animal feeding operation. The separation distances, or setbacks, are listed in the following table. An owner of property who is an operator of an animal feeding operation may locate the owner's residence or business within the setbacks, subject to compliance with any other applicable regulations.

F.

The owner of a new animal feeding operation shall locate that operation from existing residences, businesses, churches, schools, public parks and areas of property platted for residential use so as to meet or exceed the corresponding listed setback from these places.

A.

No such antenna structure, including any support upon which it may be constructed, shall exceed a combined height of fifty (50) feet.

B.

Amateur radio service antenna structures exceeding fifty (50) feet in height shall be permitted only by Board of Appeals subject to all of the requirements of this Ordinance.

C.

Amateur radio service antenna shall be located a distance of at least one-half the height of the tower from all property lines.

A.

Satellite television antennae shall be located as follows:

1.

In any office, commercial, industrial or multifamily residential district, satellite television antennae may be located anywhere in the buildable area of the lot or on a building thereon, subject to applicable zoning district setback regulations.

2.

In other districts, satellite television antennae shall be located only to the rear of any principal structure. If usable communication signals cannot be obtained from the rear location, the satellite television antenna may be located in the side yard. Both locations shall be subject to applicable zoning district setbacks or regulations.

3.

In the event that usable satellite television communication signals cannot be received by locating the antenna in the rear or to the side of the principal structure, such antenna may be placed in the front yard or on the roof of the dwelling, provided that approval of the Director shall be obtained prior to such installation. The Director shall issue such a permit only upon a showing by the applicant that usable communication signals are not receivable from any location on the property other than the location selected by the applicant.

B.

Satellite television antennae shall comply with the following regulations for height, screening, and grounds:

1.

In any district other than office, commercial, industrial or multifamily residential, a satellite television antenna shall not exceed thirty-six (36) inches in diameter.

2.

A ground-mounted satellite television antenna shall not exceed twenty (20) feet in height including any platform or structure upon which said antenna is mounted or affixed. All non-ground-mounted satellite television antennae shall not exceed thirty-five (35) feet in height.

3.

If usable satellite signals cannot be obtained from an antenna installed in compliance with the height limitation imposed by Subsection (2) above, such satellite television antennae may be installed at a greater height, provided the greater height is approved by the Director. Such approval shall be granted only upon a showing by the applicant that installation at a greater height is necessary for the reception of usable communication signals. Under no circumstances shall said antennae exceed fifty feet in height.

4.

Except in office, commercial, industrial or multifamily residential districts, satellite television antennae shall be located and designed to screen and reduce visual impact from surrounding properties at street level and from public streets.

5.

All satellite television antennae shall meet all manufacturers' specifications, be located on non-combustible and corrosion-resistant material, and be erected in a secure, wind-resistant manner.

6.

All satellite television antennae shall be adequately grounded for protection against a direct strike of lightning pursuant to the requirements of the Walton County Electrical Code.

A.

The use shall be enclosed by a fence, which is not less than eight (8) feet in height, which provides visual screening.

B.

No dismantling, repair or other activity shall be conducted on the premises.

C.

The use shall be located at least one thousand (1,000) feet from any residential district.

D.

Automobiles shall not be held longer than provided by state and county law.

A.

The use shall not be established on any lot which is either adjacent to or directly across from any residentially zoned district.

B.

The use shall not be within one hundred (100) feet of a residential district.

C.

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

D.

Outdoor storage is limited to twenty-five percent (25%) of the total lot and shall comply with the outdoor storage regulation in this Ordinance.

E.

Minor automotive repair and maintenance is allowed.

A.

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

B.

There shall be no outdoor storage.

A.

The operator of the establishment shall reside on the site.

B.

Where applicable, the use requires conditional use approval by the Planning Commission, Board of Commissioners, and plan approval by the Department.

C.

The use shall have a lot area of not less than twenty thousand (20,000) square feet and a floor area within the dwelling unit of no less than two thousand five hundred (2,500) square feet.

D.

No guest shall reside in a Bed and Breakfast for a period in excess of fourteen (14) days.

E.

One (1) parking space is provided for each guest bedroom and one (1) space is provided for the operator's or owner's unit in the building.

F.

The residential character of the neighborhood shall not be changed due to increased traffic in the neighborhood caused by the use.

G.

The structure is compatible with the character of the neighborhood in terms of height, setbacks, and bulk. Any modifications to the structure are compatible with the character of the neighborhood.

H.

The proposed use will maintain acceptable residential noise standards.

I.

No restaurant use is permitted. Breakfast shall be served on the premises only for banquet or guests and employees of the Bed and Breakfast.

J.

Rooms may not be equipped with cooking facilities.

K.

Bed and Breakfast uses must comply with all other applicable provisions in this Ordinance.

A.

Street numbers will be assigned for all buildings and structures by the Planning and Development Department. Numbers must be erected and displayed in front of the project on a board with permanent numbers not smaller than two (2) inches. Numbers must be in place at the beginning of the job before the footing inspection is made and be continuously displayed thereafter until the job is complete and final inspections have been made.

B.

All residential and nonresidential units shall have posted and maintained in a conspicuous place on the property, visible from the street providing general public access, the address of such unit in figures at least four (4) inches high on a contrasting background.

(4-1-2014)

A.

Wastewater from all auto wash services shall drain directly into the public sanitary sewer unless otherwise approved by the Walton County Health Department.

B.

Paved stacking lanes with the capacity for up to five (5) vehicles shall be provided for vehicles waiting to use automatic car wash facilities and two (2) vehicles per bay for self-service car washes.

C.

No storage or repair of vehicles shall be allowed within the car washing facility.

D.

The use shall provide a safe access to the street. Access shall only be through defined driveway locations.

E.

A transitional buffer shall be provided adjacent to residential property in conformance with Article 12 of this Ordinance.

Private and public cemeteries shall comply with all provisions of State law. In addition:

A.

A plat of the cemetery shall be recorded in the Walton County Clerk of Superior Courts office.

B.

Any new private cemetery shall be located on a site containing not less than twenty (20) acres.

C.

The site proposed for a cemetery shall not interfere with the development of a system of collector or larger streets in the vicinity of such site. In addition, such site shall have direct access to a thoroughfare by way of an access way not less than twenty (20) feet wide.

D.

Any new cemetery shall be enclosed by a fence or wall not less than four (4) feet in height.

E.

All structures shall be set back no less than twenty-five (25) feet from any property line or street right-of-way line.

F.

All graves or burial lots shall be set back not less than twenty-five (25) feet from any property line or minor street right-of-way lines, and not less than fifty (50) feet from any collector, arterial, expressway or freeway right-of-way line.

G.

The entire cemetery property shall be landscaped and maintained.

H.

Prior to approval of the request for the location of a new cemetery, a site plan and perpetual care plan must be submitted to the Department.

**In order to preserve abandoned cemeteries or burial grounds located within a development, an archaeological report delineating the boundaries of the burial grounds shall be required. A four-foot fence shall be required around the delineated area and, a 20-foot wide direct access to a county maintained thoroughfare shall be provided.

(12-6-2005)

A.

A traffic study and Development of Regional Impact review application shall be completed as required in Appendix D and Article 8, Section 8-1-120 of this Ordinance.

A.

Composting materials shall be limited to tree stumps, branches, leaves, and grass clippings or similar putrescent vegetative materials, not including manure, animal products or inorganic materials such as bottles, cans, plastics, metals, or similar materials.

B.

Along the entire road frontage (except for approved access crossings), provide a three-foot high landscaped earthen berm with a maximum slope of three (3) to one (1) and/or a minimum six-foot high, one hundred percent (100%) opaque, solid wooden fence or masonry wall. The fence/wall or berm must be located outside of any public right-of-way and interior to any landscaped strip. The finished side of a fence/wall shall face the exterior property lines.

A.

The use shall not exceed a gross leasable floor space of five thousand (5,000) square feet.

B.

The place of business shall not be within one hundred (100) yards of any school building, school grounds, or college campus or within one hundred (100) yards of an alcoholic treatment center owned and operated by this state or any county or municipal government therein. *Distances herein shall be measured along a straight line, which describes the shortest distance from the main customer entrance to the main entrance of the entrance of the establishments as listed above.

C.

A gasoline service station/convenience store shall have a minimum frontage on the primary street of one hundred twenty (120) feet and a minimum lot area of twenty-five thousand five hundred (25,500) square feet. Canopies and gasoline pump islands shall be set back fifteen (15) feet from all right-of-way lines.

D.

Vehicular entrances or exists at a gasoline service station:

1.

Shall contain an access width along the edge of the pavement of not more than forty (40) feet as measured parallel to the street at its narrowest point and shall not be located closer than ten (10) feet to the adjoining property.

2.

Shall not have any two (2) driveways any closer than twenty (20) feet at both the right-of-way line and the edge of the pavement along a single street.

E.

A Conditional Use Permit is required if three (3) or more diesel fuel pumps are provided for a convenience store/ gasoline service station in the B2 or B3 zoning district. A convenience store/gasoline service station with three (3) or more diesel pumps shall be a use by right in the M1 and M2 zoning districts.

F.

Other Site Improvements. In addition to the above requirements, the following additional site improvements shall be adhered to:

1.

A solid fence or wall six (6) feet in height shall be erected along the property lines which abut residential property.

2.

Exterior lighting with cut-off luminaries are required so that light it is directed away from adjacent properties.

G.

All flammable products shall be stored in compliance with State EPD regulations.

(2-2-2010)

A.

The use shall comply with all applicable state day care requirements for standards, licensing, and inspections.

B.

The use must provide at least one hundred (100) square feet of outdoor recreation area per child.

C.

The outdoor play area must be enclosed with a six-foot high fence.

D.

The use shall provide paved driveways with drop-off areas and turn-arounds to be reviewed by the Department so that traffic associated with the use does not impede the flow of traffic on adjacent streets.

A.

The use shall comply with all applicable state day care requirements for standards, licensing, and inspections.

B.

The use shall maintain a residential appearance compatible with the neighborhood and not be detrimental to adjacent properties as a result of traffic, noise, light, refuse, parking or other activities.

C.

No sign for use shall be maintained on the site.

D.

A Walton County Occupational Tax Certificate shall be required for this business.

The following are regulations for persons going door-to-door to sell a product in unincorporated Walton County. These regulations do not apply to persons going door-to-door for religious, charitable or political purposes.

A.

All individuals going door-to-door selling products or soliciting monies in residential areas in unincorporated Walton County must obtain the appropriate permit through the Walton County Sheriff's Office.

B.

A copy of a current driver's license or other state issued identification will be required at the time of application submittal. A copy of current business license within the state of Georgia will be required at the time of application submittal. Application fee of fifty dollars ($50.00) per person is due upon issuance of permit.

C.

Each person going door to door in residential areas selling products must possess a Door-to-Door Salesperson badge issued by Walton County prior to soliciting in the County. Completion of the door-to-door application and payment of the prescribed fee and issuance of a receipt does not authorize the applicant to operate in Walton County. Only the issuance of a door-to-door salesperson badge by Walton County authorizes the individual to go door to door in the unincorporated area of Walton County. There will be a visible expiration date printed on the badge along with the following statement, "Walton County does not endorse any product being sold or solicited door to door."

D.

The badge shall be worn by the individual going door-to-door in a conspicuous place that can be seen by the home occupant. Any other unapproved type of identification cannot be substituted for the Walton County Door-to-Door Salesperson Badge. All badges will have a picture of the applicant, his or her name, and a Spillman Case Number.

E.

Door-to-door salespersons badges do not authorize the sale of the product in the right-of-way of any road or highway or in commercial areas.

F.

Any alteration, duplication or misrepresentation of the Walton County door-to-door salesperson badge shall subject the individual and/or company that the individual represents, to penalties as provided by law.

G.

The permit is valid for up to ninety-days (90) days. Upon expiration, Badge must be returned to the Walton County Sheriff's Office. However, a 90-day extension may be granted, which will require a twenty-five dollars ($25.00) fee to cover the cost of another Criminal Background Check.

H.

No persons may contact citizens door-to-door before 9:00 a.m. or after 8:00 p.m. or sunset, whichever occurs first. No door-to-door salesperson shall contact persons or residents where the residence, neighborhood or subdivision has "No Soliciting" posted.

I.

Failure to abide by any of the above guidelines and the Walton County Ordinances will subject the violator to possible criminal prosecution and/or suspension and/or revocation of the door-to-door salesperson permit, religious, charitable or political purposes.

(12-3-2013)

A.

In approving the site plan for a multi-family development, the County shall determine that the streets, driveways, parking areas, and other public and private drives shown on the plan meet the following standards:

1.

Multi-family developments with more than fifty (50) units must have at least one (1) direct access to a collector or arterial street.

2.

Private streets may be permitted provided such streets meet the standards of public streets as specified in Article 9 of this Ordinance.

3.

Adequate provision is made for vehicular traffic to and from the premises and for vehicular traffic and pedestrian traffic to and from the proposed buildings, structures, and parking areas on the premises, including fire fighting and police equipment and personnel, ambulance service, garbage collection service, postal service, delivery service, and other public and private services and individuals who would require access to the premises.

4.

Insofar as practicable, off-street parking facilities shall be grouped in bays, either adjacent to streets or in the interior of blocks; and no off-street parking space shall be more than one hundred (100) feet by the most direct pedestrian route, from a door of the dwelling unit it intends to serve.

5.

Multi-family developments may not abut a single-family residential zoning district on more than seventy-five percent (75%) of the boundary of the site.

6.

Not more than fifty percent (50%) of the lot area shall be occupied by buildings.

B.

Open Space and Recreation

Multi-family projects developed with more than fifty (50) multi-family units must provide at least four hundred (400) square feet of landscaped common open space or recreation area for every dwelling unit.

C.

Utilities

All complexes shall be required to tie into the public water system and public sewerage system.

A.

Adjacent interior lots on the block face shall be developed as zero lot line dwellings.

B.

The side yard requirement may be eliminated on one side of each lot. The remaining side yard shall maintain the minimum side yard dimension of the zoning district.

C.

Each lot shall meet the minimum area requirements of the zoning district.

D.

Easement agreements shall be recorded which allow maintenance and access for that side of the dwelling adjacent to the property line.

E.

When the minimum side yard is used, a privacy fence at least six (6) feet high is required between buildings.

A.

Structures shall be placed not less than fifty (50) feet from any property line.

B.

Structures are to be enclosed by a chain link fence at least eight (8) feet high.

C.

The lot shall be suitably landscaped, including a buffer strip at least ten (10) feet wide along the front, side, and rear property lines; planted with evergreen trees and shrubs that grow at least eight (8) feet tall and provide an effective visual screen.

Equestrian training and sales facility with customary tack sales must be located at least two hundred (200) feet from a property line.

Exterminating and Pest Control Services are allowed by right in the B1, B2, B3, M1 and M2 zoning districts; and as a conditional use in the A-Agricultural (five-acre minimum lot size) districts with the following conditions.

A.

Other than vehicles, there shall be no outdoor storage of goods or equipment.

B.

Vehicles used in conjunction with the business shall be parked in the side and/or rear yard.

C.

All chemicals must be properly stored within a building in accordance with Department of Agriculture guidelines.

(1-4-2022)

A.

No outdoor displays shall be permitted in the front yard of the use.

B.

Any outdoor storage must be screened in compliance with Article 12 of this Ordinance.

No building or structure containing livestock, manure, or other odor-producing substances shall be located within two hundred (200) feet of an existing dwelling or within one hundred (100) feet of a property line or fifty (50) feet from a street right-of-way line.

A.

Height of Fencing. No fence shall be more than eight (8) feet in height or be constructed on public right-of-way or future street right-of-way. If a fence is to be located adjacent to a public road and within the required setback within a residential zoning district, the fence shall not exceed six (6) feet in height. Should a fence be erected in error within the right-of-way, Walton County shall not be responsible for replacing or repairing the illegal structure.

Exceptions are as follows:

1.

A fence or wall enclosing a sports court may be a maximum of twelve (12) feet in height within a required rear or side yard setback.

2.

The Board of Commissioners may condition the approval of a rezoning or special use permit to require that walls or fences of a height in excess of these regulations shall be placed in any yard where such walls or fence is necessary to provide screening.

3.

Subdivision entrance features may be a maximum of ten (10) feet in height.

4.

Any fence pre-existing the Ordinance which is damaged or removed shall not be replaced in kind and must be replaced in accordance with the requirements of the Ordinance.

B.

Fence Design Standards

1.

Any fence which extends into the required front yard on property less than one (1) acre in area shall be constructed of brick, stone, wood, wrought iron, or split rail.

2.

No wall or fence constructed of woven wire or metal fabric (chain link, hog wire or barbed wire) shall extend into a front yard. Woven wire or metal fabric fences may extend into a front yard when property contains a minimum of two (2) acres and is used for agricultural purposes.

3.

Electric and barbed wire fences shall be prohibited except on lots which meet or exceed the minimum requirements for raising and keeping of livestock (two (2) acres) or industrially zoned properties.

4.

Exposed concrete blocks, tires, scrap metal, sheet metal, plastic/fiberglass sheeting, vinyl siding or fabric, plywood, pallet material, junk or other discarded items shall be prohibited as fence material.

5.

Posts shall be anchored in concrete and for privacy fencing shall face inward to the subject property.

6.

Temporary chain link security fences up to eight (8) feet in height may be erected to surround a non-single-family residential property up to thirty (30) days prior and thirty (30) days following completion of demolition, rehabilitation, or new construction.

C.

Height of Retaining Walls. No retaining wall shall exceed four (4) feet in height within ten (10) feet of a front property line.

D.

Retaining Wall Design Standards

1.

When permanent grades are proposed with a resulting slope steeper than one (1) foot vertical for every two (2) feet of horizontal displacement (2:1), an appropriate retaining structure shall be designed by a registered professional engineer to be constructed of reinforced concrete or other masonry materials designed by a registered professional engineer in compliance with applicable regulations of the U.S. Occupational Safety and Health Administration. An engineered design may be substituted for the reinforced concrete design if the specific vendor has a pre-qualified acceptance from the Building Official. All structural components of the wall shall meet the minimum building codes for the proposed use.

2.

When the necessity for an earth retaining structure is required for a vertical displacement of thirty (30) inches or less, appropriate landscaping timbers, or approved equal, may be employed if no permanent structure is supported by the soil retained by the retaining wall. The use of railroad cross ties or other timber product will only be allowed in these instances as per detail.

3.

All wall design details must show complete dimensions for line and grade. Wall design will consider foundation drainage and select backfill material for the proposed conditions.

4.

Walls shall be located in such a fashion as to not encroach upon existing or proposed drainage easements or drainage courses or floodplains to encumber the natural flow of surface run-off of stormwater. Walls shall be located at a distance from such water courses to allow for anticipated future maintenance of the easement to prevent a safety hazard to maintenance workers or to jeopardize the structural integrity of the wall.

5.

Walls that are not attached to the permitted structure and require a foundation shall be permitted as a free-standing structure and shall be inspected as prescribed by the permitting procedure. Walls will be inspected for conformance with the approved design. Any deviation from the approved design will require the engineer of record to submit a certification of the nonconforming structure along with supporting calculations to indicate that the construction is consistent with the initial design parameters. In the event the inspector has not been provided ample opportunity to inspect the structure, the contractor must provide a certification of the construction by the engineer of record and geotechnical reports for concrete testing for strength, reinforcing steel specifications. Failure to comply with the requirements of this Section will require that the remaining work cease and/or removal of nonconformance until the adequacy of structural integrity is demonstrated to the satisfaction of the Director.

6.

Retaining walls that are proposed for the purpose of stormwater retention must be designed in such a way that the walls are capable of a hydro-static load as measured from the top of the foundation footing to the highest elevation along the top of the wall. The hydrological design must allow for a free board dimension of one (1) foot and an emergency overflow capacity equal to the allowable peak discharge for the one hundred-year storm event. The routing calculations should not take into account the existence of the emergency overflow. Place the overflow device above the projected one hundred-year flood elevation within the detention area.

7.

Any construction that may impact or be within the right-of-way of an existing or proposed water or sanitary sewer easement must be approved by the utility providing service.

8.

Retaining walls visible from the public right-of-way shall be constructed of decorative concrete modular block or shall be faced with stone, brick, or textured cement masonry.

9.

Any retaining wall higher than four (4) feet shall be designed by a professional engineer and approved and permitted by the Department. Walls will be inspected for conformance with the approved design. Any deviation from the approved design will require the engineer of record to submit a certification of the nonconforming structure along with supporting calculations to indicate that the construction is consistent with the initial design parameters. In the event the inspector has not been provided ample opportunity to inspect the structure, the contractor must provide a certification of the construction by the engineer of record and geotechnical reports for concrete testing for strength, reinforcing steel specifications. Failure to comply with the requirements of this Section will require that the remaining work cease and/or removal of nonconformance until the adequacy of structural integrity is demonstrated to the satisfaction of the Director.

(Ord. No. OA24060019-14, 11-5-2024)

Editor's note— Ord. No. OA24060019-14, adopted Nov. 5, 2024, added provisions to the Code, but did not specify manner of inclusion. Therefore, at the discretion of the editor, said provisions have been included as § 6-1-350.5 herein.

In A, A1, A2 and R1 zoning districts, if a division of property creates a situation where the minimum lot width cannot be obtained, a lot of five (5) acres or more will be required. The front setback will be established by the approved recorded plat and the side and rear setbacks will be per the underlying zoning.

The minimum required front yard setback shall be provided along each street frontage. The front "building" setback on a flag lot shall be measured from the front property line of the buildable area that is parallel to the road frontage. For example, a flag lot may have a narrower street frontage than is required for a regular lot (setbacks are measured at flag and not pole); however, the buildable area must meet lot width requirements for the regular lot where the flag lot widens. This will also apply to lots that meet the required minimum front setback and then narrow down creating a "flag" effect.

This allowance is not intended for "flag lots" to be incorporated into subdivision design but rather the exception; it is to be utilized in situations where it is not feasible to develop internally when the minimum required road frontage is not available. Lot splits shall be reviewed and approved at the discretion of the development director.

(Ord. No. OA24060019-16, 11-5-2024)

A.

The market must be located entirely within an enclosed structure or building.

B.

The market must provide adequate off-street parking for its employees, dealers, and customers.

C.

The market must provide adequate restroom facilities located within the structure or building.

D.

A building permit shall be required for interior spaces.

E.

For outdoor flea markets see Temporary Use, Commercial Retail.

A.

Crematory as an accessory use to funeral home requires a Conditional Use Permit in B1, B2 and B3.

A.

Canopies and gasoline pump islands shall be set back not less than fifteen (15) feet from all street right-of-way lines.

B.

Vehicular entrances or exits

1.

No more than two (2) curb cuts for the first one hundred (100) feet of street frontage.

2.

Shall contain an access width along curb line of the street of not more than seventy-five (75) feet as measured parallel to the street at its narrowest point and shall not be located closer than fifty (50) feet to a street intersection or closer than twenty-five (25) feet to the adjoining property.

3.

Shall provide for acceleration and deceleration lanes, if required by the Georgia Department of Transportation or Walton County.

C.

A Conditional Use Permit is required if three (3) or more diesel fuel pumps are provided for a gasoline service station in the B2 or B3 zoning district. A gasoline service station with three (3) or more diesel pumps shall be a use by right in the M1 and M2 zoning districts.

D.

A raised curb of six (6) inches in height shall be erected along the street property lines, except for driveway openings.

E.

Provide transitional buffers as required in Article 12 of this Ordinance.

F.

All drives, parking, storage, and service areas shall be paved and curbed.

G.

Outside, above ground tanks for the storage of gasoline, liquefied petroleum gas, oil, and other flammable liquids or gases shall be stored in compliance with EPD regulations.

H.

All maintenance activities and minor repair shall be conducted entirely within an enclosed building.

A.

[Requirements.] Golf courses are subject to the following requirements. Golf courses are allowed by conditional use in the A, A1, A2, R1, R2, R2, MHP zonings and by right in the B1, B2, B3, TC and MUBP zoning. A site plan must be submitted and approved by the Department.

1.

Minimum Course Standards. New golf courses shall meet United States Golf Association requirements for regulation play and must provide at least eighteen (18) holes covering a minimum course distance of five thousand five hundred (5,500) yards, except as follows:

a.

A golf course incorporated into a residential development or master planned development may be a regulation nine-hole course with a minimum course distance of three thousand (3,000) yards.

b.

A course meeting the United States Golf Association requirements for an executive golf course (minimum course distance of four thousand (4,000) yards) may be incorporated into an office park development or master planned development.

2.

Lighting Restrictions. Lighting shall not adversely affect adjacent properties or roadways. No direct light shall be cast upon adjacent or nearby properties.

B.

Normal Operating Hours. Operating hours shall be dawn to dusk. Any activities outside of these hours shall require a special use permit issued by the Planning and Development Department. (Excluded are indoor activities within a restaurant or clubhouse.)

C.

Accessory Uses to a Golf Course. The following accessory uses are permitted in association with a golf course:

1.

Country club or clubhouse, which may include:

a.

Tennis courts and other recreational courts.

b.

Swimming pools.

c.

Food service with an eighteen-hole regulation or executive golf course only.

2.

Pro shop with an eighteen-hole regulation or executive golf course only.

3.

Putting green.

4.

Cart rental and staging area.

5.

Driving range.

6.

Buildings used to house equipment solely for the maintenance and operation of the golf course, not to exceed three thousand (3,000) square feet.

D.

Use Limitations

1.

Two thousand (2,000) square feet of gross floor area for pro shop.

2.

Forty thousand (40,000) square feet for a clubhouse or country club with an eighteen-hole regulation or executive golf course.

3.

Ten thousand (10,000) square feet for a clubhouse with a nine-hole regulation golf course.

4.

Any building, structure or automobile parking area established in connection with this use shall be set back not less than one hundred (100) feet from any property line. All automobile drives and parking areas shall be paved.

5.

Loudspeakers are not allowed if adjacent to a residential zoning district or master planned development.

(Ord. No. OA24060019-13, 11-5-2024)

Editor's note— Ord. No. OA24060019-13, adopted Nov. 5, 2024, added provisions to the Code, but did not specify manner of inclusion. Therefore, at the discretion of the editor, said provisions have been included as § 6-1-390.5 herein.

Any structure shall be set back at least one hundred (100) feet from any residential property line.

Guest Houses are allowed by right in the A, A1, A2 and R-1 properties that are one and one-fifths (1.2) acres in size or larger with county water and two and two-fifths (2.4) acres in size or larger with well.

Guest houses are an accessory use to the primary residence.

Caretaker Houses are allowed by right in the B-2, B-3, TC, MUBP, M-1 and M-2 zonings.

A.

The use must maintain a residential appearance and shall produce no impacts in appearance, noise, light, and traffic that are detrimental to adjacent properties.

B.

The size of the guesthouse, tenant house or caretaker house can be no more than eight hundred (800) square feet.

C.

The rental or lease of a guesthouse shall be prohibited.

D.

Specific Regulations for Residential Units

1.

Units shall have the following additional requirements:

a.

A minimum roof pitch of 5:12, which means having a pitch equal to at least five (5) inches of vertical height for every twelve (12) inches of horizontal run. Any dwelling unit for which a building permit was obtained prior to the adoption of this Ordinance may be extended, enlarged or repaired as otherwise provided by this Ordinance with the same roof pitch as that allowed by the previous building permit.

b.

All roof surfaces exposed to view shall be covered with asphalt or fiberglass shingles, wood shakes or shingles, standing seam (non-corrugated tin or steel), clay tiles, slate, or similar materials approved by the Director.

c.

Exterior materials shall consist of wood, brick, stone or other masonry type product, fiber cement siding and other similar material is permitted. Vinyl and aluminum siding is prohibited.

d.

All primary roof overhang for exterior walls shall be no less than twelve (12) inches for brick sided and twelve (12) inches shall apply to gable ends as well as exterior walls supporting rafters.

e.

No exposed unpainted wood is allowed on the front façade of any dwelling except porch flooring boards.

f.

The dwelling shall be placed on a permanent foundation, either slab or pier, which meets the requirements of the IRC Building Code.

g.

All residential structures shall have a minimum six-foot by eight-foot front porch, patio or deck. The structure shall include steps, which lead to ground level, and both landing, and steps shall meet the requirements of the IRC Building Code.

h.

All lot grading for residential dwellings shall not exceed 3:1 slope. Exceptions to this requirement shall be at the discretion of the Development Director on a case-by-case basis.

(9-1-2020; 7-6-2021; 1-4-2022)

A.

Shall be allowed in zoning districts that allow home occupations.

B.

The dwelling unit must maintain a residential appearance and there shall be no outward evidence of the occupation or impacts in appearance, noise, light, odor, traffic and utilities that would be detectable beyond the dwelling unit.

C.

The use shall be conducted entirely within the dwelling unit with not more than twenty-five percent (25%) of its gross floor area devoted to home occupation.

D.

Only persons living in the dwelling unit shall be employed at the location of the home occupation.

E.

No customer contact on the property for home occupations are allowed unless approval through a Board of Appeals special exception has been authorized.

F.

No signs or advertising are permitted on the property to identify or advertise the existence of the home occupation.

G.

No materials, equipment or business vehicle shall be stored or parked on the premises of the home occupation unless they are confined entirely within the residence.

H.

The following businesses, uses, and activities shall be prohibited as home occupation uses: adult entertainment establishments, kennels, stables, veterinarian clinics; medical and dental clinics; restaurants, clubs, and drinking establishments; motor vehicle repair or small engine repair; funeral parlors; adult businesses, limousine service (with over two (2) limousines or over one (1) non-emergency transport vehicle), taxi service, wrecker service, solid waste or sanitary sewer service/vehicle.

I.

No vehicle other than a passenger automobile, passenger van or passenger truck used by the resident shall be parked on the property.

J.

Non-Conforming Home Occupation Uses

Non-conforming uses permitted as of January 1, 2000 shall be allowed to continue to operate under the following conditions:

1.

No non-conforming use may be changed to another non-conforming use.

2.

No non-conforming use shall be increased, extended or enlarged beyond the size of the use as it existed on the date of issuance of the current occupational tax certificate.

3.

The non-conforming use is specifically designated to the current property and business owner. (The home occupational use is not transferable.)

4.

Violation of these conditions will result in an immediate and permanent revocation of the non-conforming use.

A.

Shall be allowed in A, A1, and A2 zoning districts on properties containing a minimum lot size of five (5) acres or more.

B.

The property must maintain a residential appearance and there shall be no outward evidence of the occupation or impacts in appearance, noise, light, traffic and utilities that would be detectable beyond the property line.

C.

A rural home occupation may be conducted within a dwelling unit and/or within an accessory building provided that not more than twenty-five percent (25%) of the gross floor area of the dwelling unit and cumulative floor area of accessory building does not exceed eight hundred (800) square feet are devoted to home occupation. Any accessory building used in home occupation shall be a minimum of twenty (20) feet from all property lines.

D.

Only persons living in the dwelling shall be employed at the location of the home occupation and not more than two (2) outside employees may be employed on site in connection with the home occupation.

E.

Employee vehicles shall only be a passenger automobile, passenger van or passenger truck and shall be parked to the side or rear of the dwelling unit.

F.

No customer contact on the property for home occupation is allowed unless approval through a Board of Appeals special exception has been authorized.

G.

No signs or advertising are permitted on the property to identify or advertise the existence of the home occupation.

H.

No materials, equipment or business vehicle shall be stored or parked on the premises of the home occupation unless they are confined entirely within the residence or accessory building, except that one (1) commercial vehicle used exclusively by the resident may be parked in a carport or rear or side yard.

I.

The following businesses, uses, and activities shall be prohibited as home occupation uses: adult entertainment establishments, medical and dental clinics; restaurants, clubs, and drinking establishments; motor vehicle repair or small engine repair; funeral parlors; adult businesses; limousine service (with over two (2) limousines or over one (1) non-emergency transport vehicle); taxi service; wrecker service; solid waste or sanitary sewer service/vehicle.

J.

Non-Conforming Home Occupation Uses

Non-conforming uses permitted as of January 1, 2000 shall be allowed to continue to operate under the following conditions:

1.

No non-conforming use may be changed to another non-conforming use.

2.

No non-conforming use shall be increased, extended or enlarged beyond the size of the use as it existed on the date of issuance of the current occupational tax certificate.

3.

The non-conforming use is specifically designated to the current property and business owner. (The home occupational use is not transferable.)

4.

Violation of these conditions will result in an immediate and permanent revocation of the non-conforming use.

A.

Riding or boarding stables shall be established on a lot having an area of not less than five (5) acres.

B.

Any building used for animals shall be located at least two hundred (200) feet from any property line.

C.

Adequate driveway access and off-street parking shall be provided for horse trailers, recreation vehicles, and other equipment associated with this use.

(7-5-2005)

A.

The lot shall have access to a major thoroughfare.

B.

Side and rear setbacks shall be at least twenty-five (25) feet or the minimum required by the zoning district, whichever is greater.

C.

Front building setback shall be at least fifty (50) feet.

A.

All such uses proposed by a public authority shall include a certified copy of the law, ordinance, resolution, or other official act adopted by the governmental entity proposing the use and authorizing the establishment of the proposed use at the proposed location.

B.

All applications shall include evidence that the proposed facility will meet the standards and requirements imposed by regulating agencies and all other applicable federal, state or local statutes, ordinances, rules or regulations.

C.

A statement shall be provided detailing noise abatement procedures, methods, and devices that will be employed in the operation of the facility and sufficient analysis shall be presented to indicate what adjoining lands will be affected by the anticipated noise.

D.

All facilities shall be located and so designed that the operation thereof will not seriously affect adjacent residential areas, particularly with respect to noise levels.

E.

All facilities shall provide a 200-foot landscaped buffer adjacent to any residentially zoned property.

F.

All facilities shall complete a visibility study to ensure that no lights, structures or storage buildings are visible from existing residences.

A.

The lot size shall be no less than two (2) acres.

B.

Any building or enclosed structures for the housing of animals shall have minimum side and rear setbacks of at least one hundred (100) feet.

C.

All areas maintaining animals outside shall be completely enclosed by walls or fences at least six (6) feet in height, and shall be located no closer than two hundred (200) feet from property lines or street right-of-way.

D.

No commercial kennel shall be located within five hundred (500) feet of a residential district.

A.

All hobby kennels shall be located on a site of not less than five (5) acres.

B.

All buildings used for the animals shall be located at least two hundred (200) feet from any property line.

C.

All animals shall be fenced at least two hundred (200) feet from any property line.

(9-7-2004)

Any landfill must be approved as a conditional use, subject to the following requirements as appropriate to the type of landfill, and any time limits or other conditions imposed at the time of approval of the landfill by the Board of Commissioners.

A.

Construction/Demolition Landfills

1.

Must submit Solid Waste Handling Permit from the EPD.

2.

The Walton County Occupational Tax shall be paid yearly.

3.

Access to Construction/Demolition waste landfills shall be limited to authorized entrances (fence and gate shall be a minimum of six (6) feet in height) which shall be closed when the site is not in operation.

4.

A recordable affidavit must be filed in the Clerk of Superior Court, stating the legal description of the property involved and the described property is used for a construction/demolition landfill.

5.

A privately owned Construction/Demolition waste facility is required to pay Walton County one dollar ($1.00) per ton of waste as stated in the Solid Waste Management Act, O.C.G.A. § 12-8-39(d).

6.

The applicant must demonstrate compliance with all applicable provisions of the Georgia Administrative Code Rules and Regulations, Chapter 391-3-4 and any other applicable provisions required by the EPD of the DNR.

B.

Inert Landfills

1.

Any person desiring to construct, operate, or maintain an inert landfill shall submit to, and in detail as may be required by the Department, written information pertinent to the following:

a.

Proposed location (recorded plat and deed);

b.

Fire protection;

c.

Soil Erosion Control plan;

d.

Maintenance and operation procedures;

e.

Must submit a "Permit by Rule" from the E.P.D.; and

f.

Other pertinent information necessary to indicate the development, operation, and appearance of the completed inert landfill.

2.

Only waste that will not or is not likely to produce leachate of environmental concern may be disposed of in an inert waste landfill. Only earth and earth-like products, concrete, cured asphalt, rock, bricks, yard trash, and land clearing debris such as stumps, limbs and leaves, are acceptable for disposal in an inert waste landfill. This definition specifically excludes any transfer stations, recycling stations, household goods, furniture, metal products, appliances, hazardous materials or the storage of these items to be taken to another location. If an individual or operator is found placing other items in the inert landfill the landfill will immediately be shut down. A penalty of fifty dollars ($50.00) a day will be imposed in favor of the county until the problem has been cleaned up. The second time this occurs your business licenses may be revoked.

3.

Materials placed in inert waste landfills shall be spread in layers and compacted to the least practical volume.

4.

A uniform compacted layer of clean earth cover no less than one (1) foot in depth shall be placed over all exposed inert waste material at least monthly.

5.

The inert waste landfill site shall be graded and drained to minimize runoff onto the landfill surface, to prevent erosion and to drain water from the surface of the landfill.

6.

Access to inert waste landfills shall be limited to authorized entrances (fence and gate shall be a minimum of six (6) feet in height) which shall be closed when the site is not in operation.

7.

Suitable means shall be provided to prevent and control fires. Stockpiled soil shall be the fire fighting material and shall be adjacent to the working face of the fill.

8.

A uniform compacted layer of final cover not less than two (2) feet in depth and a vegetative cover shall be placed over the final lift not later than one (1) month following final placement of inert waste within that lift.

9.

Notice of final closure must be provided to the Walton County Planning and Development Office within thirty (30) days of receiving the final load of waste. Any site not receiving waste for in excess of one hundred eighty (180) days shall be deemed abandoned and in violation of these Rules unless properly closed. Notice of closure must include the date of final waste receipt and an accurate legal description of the boundaries of the landfill.

10.

All deeds for real property which has been used for landfilling shall include notice of the landfill operations, the date the landfill operation commenced and terminated, an accurate legal description of the actual location of the landfill, and a description of the type of solid waste which has been deposited in the landfill. Concurrent with the submission of notice of final closure to the Department, the owner or operator must submit to the Department confirmation that the information required in this Section has been noticed on the property deed.

11.

All wastes received at the inert landfill must be measured and reported as required by State Rule 391-3-4-17.

12.

The Board of Commissioners will have the inert landfills inspected on a regular basis.

13.

All other applicable federal, state, and local laws, rules and ordinances, including erosion and sediment control, and any applicable federal wetlands permits, must be fully complied with prior to commencement of landfilling operations.

14.

The operation must be conducted on a tract of land not less than twenty (20) acres.

15.

The inert landfill boundary shall not be located within one hundred (100) feet of a property line.

16.

All business shall be restricted to daylight hours only.

C.

Private Landfills

1.

A minimum 200-foot natural, undisturbed buffer shall be provided between all active waste burial areas and exterior property lines except for approved perpendicular access and utility crossings.

2.

A minimum 75-foot natural, undisturbed buffer shall be provided between non-waste disposal operations and exterior property lines except for approved perpendicular access and utility crossings.

3.

The limits of any 100-year floodplain or a stream buffer of two hundred (200) feet, whichever is greater, shall be preserved as natural, undisturbed area except for approved perpendicular access and utility crossings.

4.

The entire site shall be fenced with a minimum six-foot high chain link security fence.

5.

The landfill shall be located on or have direct private access to a road designated as a major collector, minor arterial, major arterial, or principal arterial in the Walton County Comprehensive Plan.

6.

The applicant shall include with the rezoning and/or conditional use permit application, a report detailing the phasing of the landfill and plans for closure and reclamation.

7.

The following waste disposal/recycling facilities shall be permitted as accessory uses to landfills meeting the above standards:

a.

Composting, Municipal Solid Waste.

b.

Composting, Yard Trimmings.

c.

Gas Recovery/Gas Co-generation Plant.

d.

Recovered Materials Processing Facility.

e.

Solid Waste Transfer Stations.

8.

The landfill shall meet all federal and state requirements and all applicable rules and regulations as specified by the Georgia Department of Natural Resources Environmental Protection Division.

When located in agricultural and residential districts such uses shall:

A.

Be located on a collector or arterial street;

B.

Provide a 50-foot buffer adjacent to residential zoning; and

C.

Set back driveways and parking areas a minimum of twenty-five (25) feet from side and rear property lines.

A.

No animal quarters are to be located closer than fifty (50) feet to any property line.

B.

Adequate off-street parking shall be provided for livestock trailers, recreation vehicles, etc., associated with the proposed use in addition to the minimum requirements of this Ordinance.

C.

When such a use is located in zoning districts other than the Agricultural A District, the maximum number of large, hoofed livestock, including but not limited to cows, hogs, horses and llamas, shall be equal to two (2) animals per fenced acre.

In the A-Agricultural District, the maximum number of large hoofed livestock shall be equal to five (5) animals per fenced acre.

D.

When such a use is located in zoning districts other than the Agricultural A District, the maximum number of small hoofed livestock shall be equal to four (4) animals per fenced acre.

E.

No free-range poultry shall be permitted within any platted subdivision.

(10-2-2007; 2013)

Cross reference— See Poultry, Section 6-1-650.

A.

Placement or movement of a manufactured home or industrialized home (other than flat panels or truss(es) in the County requires the applicant to submit a completed permit application form supplied by the Department that contains illustrations of the unit along with information on the dimensions, roof pitch, siding material, roofing material, skirting and landings of the home, and such other information as the Director may require denial of the permit application shall be made within ten (10) working days.

B.

When used as a principal use, a manufactured home or industrial home shall meet the following standards:

1.

A minimum width in excess of twenty-four (24) feet.

2.

A minimum roof pitch of 5:12, which means having a pitch equal to at least five (5) inches of vertical height for every twelve (12) inches of horizontal run. Any dwelling unit for which a building permit was obtained prior to the adoption of this Ordinance may be extended, enlarged or repaired as otherwise provided by this Ordinance with the same roof pitch as that allowed by the previous building permit.

3.

All roof surfaces exposed to view shall be covered with asphalt or fiberglass shingles, wood shakes or shingles, standing seam (non-corrugated tin or steel), clay tiles, slate, or similar materials approved by the Director.

4.

Exterior materials shall consist of brick, masonry, or stone, or siding consisting of wood, hardboard, covered or painted; but in no case exceeding the reflectivity of gloss white paint.

5.

A permanent foundation wall or curtain wall, unpierced except for required ventilation and access, shall enclose the area located under the home to the ground level. Such a wall shall have a minimum thickness of four (4) inches and shall be constructed of masonry or similar material as approved by the Director.

6.

The dwelling shall be placed on a permanent foundation which meets the requirement of the manufacturer's specifications. In addition, a manufactured home shall be completely underpinned with masonry, stone, or other similar materials manufactured for the purpose of underpinning as approved by the Director. Installation shall meet or exceed the Rules and Regulations for Manufactured Homes made and promulgated by the Georgia Safety Fire Commissioner and shall be completed prior to permanent electrical service.

7.

A landing shall be installed at each outside doorway. The minimum size minimum four-foot by four-foot front porch, patio or deck and a minimum six-foot by eight-foot rear porch. The structure shall include steps which lead to ground level, and both landing and steps shall meet the requirements of the IRC Building Code.

8.

A manufactured home shall be installed in accordance with Rules and Regulations of the Office of Commissioner of Insurance Safety Fire Division Chapter [120-3-7] Rules and Regulations for Manufactured Homes and the rules promulgated thereunder.

9.

The dwelling shall include an attached or detached, enclosed two-car garage having a minimum 5:12 roof pitch.

C.

Existing non-conforming manufactured homes and mobile homes are governed by Section 4-1-170 and Article 13 of this Ordinance.

D.

Nonconformance. Any nonconforming mobile home or recreational vehicle which is moved after November 15, 1977 or any existing vacant mobile home stand shall not be replaced with another mobile home. They must be replaced with a manufactured home or site-built home.

(Ord. No. OA24060019-21, 11-5-2024)

A.

The use must satisfy all review criteria for issuance of a temporary building as specified in Article 6 of this Ordinance.

B.

A manufactured home or industrialized home may be used for an office in a subdivision or an office by a contractor during construction or development. Such manufactured home or industrialized home requires a building permit.

C.

A manufactured home may be used for the housing of caretaker or security personnel.

D.

A manufactured home or Recreational Vehicle may be used as a temporary residence during reconstruction of a permanent residence for a period not to exceed twelve (12) months, when the permanent residence has been destroyed by natural disaster or condemnation. Manufactured homes used for temporary residence must also be issued a permit and must be removed from the property within sixty (60) days of issuance of a Certificate of Occupancy or approval for permanent electrical power for the new permanent residence.

E.

The manufactured home must satisfy the yard and area requirements of the district in which it is located.

A.

Massage Therapist License

It shall be unlawful for any natural person to administer massages without having obtained an occupational tax certificate license.

B.

Massage Establishment License

It shall be unlawful for any person, natural or corporate, to operate a massage establishment without having obtained an occupational tax certificate license therefore; or for any person, natural or corporate, to allow a massage therapist to administer massages without having obtained an occupational tax certificate.

Applicants for a massage therapist license must furnish a certified statement from the National Certification Board of Therapeutic Massage and Body Work evidencing passage by the applicant thereof of the exam for massage therapists administered by said Board.

C.

The services provided or conducted by the massage therapists or in the massage establishment shall not be adult entertainment as described in Article 6 Part 6-3 of this Ordinance.

D.

Massage Establishments may not open before 8:00 a.m. and must close by 9:00 p.m.

Nothing in this article shall be construed to regulate, prevent, or restrict in any manner:

1.

Any physician, chiropractor, physical therapist, or similar professional licensed and regulated by or through the State of Georgia while engaged in the practice of said profession.

2.

Any hospital or other professional health care establishment separately licensed as such by the State of Georgia; or

3.

Any other individual or entity expressly exempted from local legislation by the laws of the State of Georgia.

Grounds for revocation:

The license of a massage therapist or massage establishment may be revoked upon one or more of the following grounds:

1.

Failure of the holder to maintain initial requirements for obtaining the license;

2.

The holder allows or permits any person who is not a licensed massage therapist to administer a massage in said establishment;

3.

The original application or renewal thereof, contains materially false information; or the applicant has deliberately sought to falsify information contained therein;

4.

The premises in which the massage establishment is located are in violation of any federal, state, or county laws designated for the health, protection and safety of the occupants or general public;

5.

The premises are in violation of the Walton County building or life safety codes.

(12-2-2003)

A.

The following uses shall be permitted under Mining:

1.

Any type of operation, whether strip, surface, or subsurface, in which sand, rock, or any other mineral or element is removed from the earth.

2.

Explosives storage upon presentation of necessary permits and approvals from the Georgia State Fire Marshal and the Bureau of Alcohol, Tobacco and Firearms, United States Treasury.

3.

Rock crushing operations; provided, however, that the crushed rock be sold as a finished product with no further processing except as provided in Subsection 4 or 5 below.

4.

Asphalt operations.

5.

Ready mix cement operations.

B.

The following requirements shall apply to Mining as stated above:

1.

Any person desiring to construct, operate, or maintain mining operation shall submit to Board of Commissioners, for approval or disapproval, an application in writing for a mining permit in accordance with the provisions of this Ordinance regarding special use permits, and containing the following:

a.

Proposed location (recorded plat and deed).

b.

Soil Erosion Control plan.

c.

Maintenance and operation procedures.

d.

Other pertinent information necessary to indicate the development, operation, and appearance of the mining operation.

e.

Proposals for the re-use of the property at the cessation of the mining operation.

f.

The mining permit number shall be filed with the Department.

2.

Any extensions of mining operations beyond the property lines actually mined at the effective date of this Ordinance shall be considered as a new operation.

3.

Any mining operation shall obtain a yearly occupational tax certificate from the County.

4.

Operators shall comply with state department of natural resources, surface mining land reclamation program rules and regulations.

5.

To operate or maintain a mining operation the following will apply:

a.

Blasting and crushing of product shall be limited to the hours of 7:00 a.m. to 5:00 p.m. on Monday through Friday.

b.

No blasting, crushing, drilling or transportation (other than on a public road) of mined product are allowed closer than five hundred (500) feet to adjoining property owners property lines.

c.

All blasting and crushing operations and activities utilized by the mining operator in the mining operation shall be enclosed within a six-foot high (chain link fence). The fence shall be located so as to allow a 50-foot buffer between the fence and all operations of the mining company.

d.

All blasting, crushing, storage, transporting and related activities shall be sprayed with water, in sufficient quantity, so as to control dust and other materials from escaping into the atmosphere. All blasting, crushing shall occur behind berms, natural or manmade.

e.

A blasting limit of two (2) inches per second peak particle velocity as measured from any of three (3) mutually perpendicular directions in the ground adjacent to off-site buildings shall not be exceeded.

f.

An air blast limit of ninety (90) decibels (linear-peak) measured at the property line of adjacent residentially used properties shall not be exceeded.

g.

Seismographic and noise instrumentation shall be required for a minimum of one (1) blast per three-month period. The records of such instrumentation and records of all blasts (including total charge weight, charge weight per delay, charge depth, date and time, location and meteorological conditions) shall be retained by the operator for a period of not less than two (2) years. Copies of all blast records shall be forwarded to the Planning and Development Office within five (5) days following each blast. All non-instrumental blasts shall be in compliance with the recommended scaled distance, as defined by the United States Department of Interior, Bureau of Mines Bulletin 656 entitled, "Blasting Vibrations and Their Effects on Structures."

h.

Millisecond-delay blasting shall be used to decrease the vibration level from blasting.

C.

The following uses shall be prohibited:

1.

Any processing or manufacturing of the materials so removed, such as refining, smelting, removal of impurities other than dust control, mixing of mined material with other materials, or any other processing or conversion of the mined material, except those which would be pertinent to an asphalt operation or ready mix cement operation.

2.

Any mining operation that fails to meet the requirements of this Section shall be deemed in violation of this Ordinance and subject to penalties as prescribed in Article 15.

Minimum standards for the use, site development, construction, and placement of self-service storage facilities and mini-warehouses shall be as follows:

A.

General Regulations

1.

No wholesale or retail sales shall be permitted within a storage bay.

2.

As a principal use, a self-storage facility shall not occupy a site larger than ten (10) acres.

3.

The only commercial activities permitted exclusively on the site of the self-service storage facility shall be rental of storage bays, pick-up and delivery of goods or property in dead storage, and the sale or rental of items related to moving and storage such as moving boxes, packing supplies and hand trucks.

4.

Storage bays shall not be used to manufacture, fabricate, or process goods; service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar repair activities; conduct garage sales or retail sales of any kind; rehearsing or practicing utilizing band instruments; conversion to an apartment or dwelling unit; or to conduct any other commercial or industrial activities on site.

5.

Residential quarters for security purposes may be established on the site (see Article 6 Caretaker residence).

6.

A minimum six-foot fence or wall shall enclose the self-storage facility. Said fence or wall shall be constructed of brick, stone, masonry units, wood, chain link, cyclone, or other similar materials.

7.

Individual storage bays within a self-service storage facility shall not be considered a premises for the purpose of assigning a legal address in order to obtain an occupational license or any other governmental permit or licenses to do business.

8.

Except as provided, all property stored on site shall be entirely within enclosed buildings. Storage of flammable liquids, highly combustible or explosive materials, or hazardous chemicals are prohibited.

B.

Access

A self-service storage facility shall be located on a lot that gains access from a local commercial or industrial street, a minor or major collector, or an arterial street.

1.

Buildings that are not sprinkled shall have two (2) means of access.

C.

Outside Storage

Open storage of Operational recreational vehicles and dry storage of pleasure boats of the type customarily maintained by private individuals for their personal use, truck trailers, antique cars and other vehicles shall be permitted within a self-service storage facility provided the following conditions are met.

1.

Such storage shall take place only within a designated area. The area so designated shall be clearly delineated upon the site plan submitted for approval by the County.

2.

The storage area shall not exceed twenty-five percent (25%) of the total buildable area of the site.

3.

The storage area shall be entirely screened from view from adjacent residential properties and public streets by a building or by the installation of a six-foot high opaque wall or fence. If existing vegetation or topography provides the required screening, then this wall or fence requirement may be eliminated.

4.

Vehicles shall not be stored within the area set aside for minimum building setbacks.

5.

No vehicle maintenance, washing, or repair shall be permitted on site. Pleasure boats stored on site shall be stored upon wheeled trailers. No dry stacking of boats shall be permitted on site.

D.

Development Regulations

1.

Separation between storage buildings.

a.

If separate buildings are constructed, there shall be a minimum of twenty-six (26) feet separating the individual buildings.

2.

Maximum bay size. The maximum size of a storage bay shall be four hundred fifty (450) square feet.

3.

Maximum building height.

a.

With the exception of the structure used for security quarters, the maximum height of a self-service storage facility shall be one (1) story unless the Board of Commissioners approves additional stories.

b.

The height of the building shall not exceed twelve (12) feet.

4.

Parking requirements.

a.

Designated customer parking is not required; however, a minimum of five (5) parking spaces shall be provided adjacent to the facility's leasing office, if a leasing office is located on site.

b.

Interior parking. Interior parking shall be provided in the form of aisle ways adjacent to the storage bays. These aisle ways may be used for both circulation of traffic and user parking while using the storage bays. The minimum width of these aisle ways shall be as follows:

5.

Aisle ways shall be thirty (30) feet between buildings.

a.

P rior to issuance of a certificate of occupancy, the traffic flow patterns in the aisle ways shall be clearly marked. Marking shall consist at a minimum of the use of standard directional signage and painted lane markings with arrows. In order to assure appropriate access and circulation by emergency vehicles and equipment, the fire department shall approve the turning radii of the aisle ways.

b.

Dumpsters and trash receptacles. Dumpsters and trash receptacles shall be located where they are not visible from adjacent residentially-zoned properties and shall be adequately screened from view from all other adjacent properties and streets.

(1-4-2022)

All vehicle sale lots or vehicle lots that are increasing in acreage must comply with the following. Within the districts permitting vehicle sale lots, the following requirements shall apply:

A.

Exterior lighting shall be arranged so that it is deflected away from adjacent properties.

B.

Parking areas shall be hard surfaces with concrete or asphalt and grass must be maintained on the remainder of the lot.

C.

Each vehicle parking space shall be no less than one hundred eighty (180) square feet, excluding area for egress and ingress and maneuverability of vehicles.

D.

Vehicle sales and storage activity is not permitted on public rights-of-way or in any parking area that is needed to satisfy the off-street parking requirements of this Ordinance.

Outdoor Recreation Facilities are allowed by conditional use in the A, A1, A2, R1, R2 R3, MHP, and by right in the B1, B2, B3, TC and MUBP zoning. The uses allowed include wedding venues, event venues, fishing lakes, swimming pools, and golf courses or driving ranges, or other recreational developments. A detailed site plan must be approved by the Department.

A.

Only accessory services and parking related exclusively to the recreational operations shall be allowed.

B.

Total floor area of all buildings shall be a maximum of five thousand (5,000) square feet. The building[s] shall be located at least fifty (50) feet from all residentially zoned property.

C.

The site shall be at least two (2) acres in size.

D.

The site must have direct access to a collector or arterial road.

E.

All activities shall take place at least fifty (50) feet from any property line adjacent to a residential zone or use.

F.

Outdoor activity areas shall be sufficiently screened and insulated so as to protect adjacent property from noise and other disturbances.

G.

No outdoor storage shall be allowed.

H.

The outdoor use of the site adjacent to residentially zoned property after 10:00 p.m. shall be prohibited with the exception of special holidays as determined by the Planning and Development director.

(1-7-2020)

A.

Only accessory services and parking related exclusively to the recreational operations shall be allowed.

B.

Total floor area of all buildings shall be a maximum of two thousand (2,000) square feet. The building[s] shall be located at least one hundred (100) feet from all residentially zoned property.

C.

The site shall be at least two (2) acres in size.

D.

All activities shall take place at least one hundred (100) feet from any property line adjacent to a residential zone or use.

E.

Outdoor activity areas shall be sufficiently screened and insulated so as to protect adjacent property from noise and other disturbances.

F.

No outdoor storage shall be allowed.

G.

No outdoor public address system shall be allowed

H.

The use of the site adjacent to residentially zoned property after 8:00 p.m. shall be prohibited.

A.

Outdoor storage yards shall be set back at least fifteen (15) feet from any side or rear property lines.

B.

Use shall be screened by a solid fence at least eight (8) feet high.

C.

The setback distance shall be appropriately landscaped to provide a vegetative screen.

D.

Outdoor storage shall not be located in any required front yard building setback area.

Conditional use in B2, allowed by right in B3, M1 and M2. Open storage of operational truck and/or trailers, antique cars and other vehicles shall be permitted provided the following conditions are met:

1.

The site must have direct access to an arterial road.

2.

All storage parking areas shall have and maintain a base with a minimum thickness of six (6) inches of #57 stone topped with three (3) inches of crusher run and shall provide a commercial driveway as required by GDOT that extends fifty (50) feet into the property in compliance with County Standard Design and Construction Details 3.15.

3.

The area so designated shall be clearly delineated upon the site plan submitted for approval by the County.

4.

The storage area shall be entirely screened from view from adjacent residential properties and public streets by a building or by the installation of an eight-foot-high opaque wall or fence.

5.

Vehicles shall not be stored within the area set aside for minimum building setbacks.

6.

No vehicle maintenance, washing, or repair shall be permitted on site. Pleasure boats stored on site shall be stored upon wheeled trailers. No dry stacking of boats shall be permitted on site.

7.

No vehicle shall be allowed to sit and run idle from 7:00 p.m. to 7:00 a.m. unless located in an industrial park and not within one hundred (100) feet to any single-family dwelling. These regulations will not apply to the use of refrigerant compressors.

8.

Outdoor lighting fixtures designed or placed so as to illuminate any portion of a site shall meet the following requirements:

a.

Parking areas abutting residential uses shall only use cut-off luminaire fixtures mounted in such a manner that its cone of light does not cross any property line of the site.

b.

Only incandescent, florescent, metal halide, or color corrected high-pressure sodium may be used. The same type of lighting must be used for the same or similar types of lighting on any one (1) site.

c.

Illumination shall be designed to restrict glare and shall be directed internally so as to minimize impact on adjoining properties.

(5-3-2022; Ord. No. OA24060019-9, 11-5-2024)

A.

This use shall comply with all applicable state and local laws, including but not limited to the following:

1.

Department of Community Health rules and regulations;

2.

State and local construction codes;

3.

State and local health codes; and

4.

Walton County Occupation Tax Ordinance.

B.

When located in an agricultural or residential district, this use shall:

1.

Maintain a residential appearance compatible with the neighborhood;

2.

Operate in a manner compatible with the neighborhood; and

3.

Not be detrimental to adjacent properties as a result of traffic, noise, light, refuse, parking or other activities.

(6-2-2015)

Within a residential lot that is one (1) acre in size or less, no a person may keep more than three (3) household pets. On any lot exceeding one (1) acre in size, a person may keep one (1) additional household pet for each additional acre above one acre up to a maximum of ten (10) household pets. Litters of animals of not more than six (6) months of age shall not be counted for purposes of calculating the total number of household pets on a lot.

A.

Place of assembly must be located on a collector or arterial street.

B.

A fifty-foot buffer or twenty-five-foot buffer with opaque screening adjacent to residential zoning is required.

C.

Driveways and parking areas must set back twenty-five (25) feet from side property lines.

D.

Outdoor activity shall be limited to the hours of 10:00 a.m. to 10:00 p.m. unless a temporary use permit is obtained from the Director.

The keeping of chickens is allowed in platted subdivisions within the A, A1 and A2 zoning districts and on lots two (2) acres or less within the A1 and A2 zoning districts in accordance with the following provisions:

A.

Number and type chickens allowed:

1.

No more than six (6) chickens are allowed per parcel.

2.

Roosters and any other crowing chickens are prohibited.

B.

Noncommercial use only

1.

Chickens, chicken products and/or by-products shall not be sold on the property.

C.

Enclosures

1.

Chickens shall at all times be kept in the rear yard and/or side yard in either a fenced area or covered enclosure. No person shall allow chickens to run at large at any time.

2.

All chicken houses and enclosures must be maintained in a clean and sanitary condition at all times.

3.

Structures must be setback twenty-five (25) feet from side and rear property lines.

4.

Fences shall comply with standards of Article 10, Section 10-1-120.

5.

No structure or enclosure shall exceed one hundred (100) square feet.

D.

Feed must be stored in a fully enclosed, rodent-proof container.

E.

Private drive subdivisions with lots five (5) acres or larger are excluded from these conditions.

(9-1-2015; 1-7-2020)

A.

Purpose and Intent

The purpose of the Private Drive Gated Subdivision development is to authorize, subject to certain standards, the development of residential subdivisions in which a street providing controlled access to lots in the development is not dedicated to the public, but is held in common ownership by the owners of the lots and maintenance by mandatory homeowners association. Private drives and streets are not maintained by Walton County. This development is only available in the A1 Rural Estate, A2 Rural Estate and R1 Residential Zoning Districts.

B.

Principal Uses and Structures

Single-family detached residential dwellings permitted under the underlying zoning district.

C.

Accessory Uses and Structures

Accessory uses permitted under the underlying zoning district.

D.

Conditional Uses

Conditional uses as permitted under the underlying zoning district.

E.

Property Development Standards

Property development standards shall be as permitted under the underlying zoning district with the following exceptions:

1.

Lot size as per underlying zoning district.

2.

Setbacks as per underlying zoning district.

3.

Minimum floor area as per underlying zoning district.

4.

Private streets with curb and gutter, stormwater management facilities, drainage easements, drainage structures, ditches, and pipes shall be constructed to the same standards for public facilities permitted in the underlying zoning district, but shall be maintained in perpetuity by land owner or by a mandatory homeowner association.

5.

No lot in a Private Drive Gated Subdivision shall have direct access to a public street.

6.

The private street easement shall be a cross-easement granting access to all lot owners and any other contiguous property that requires access to such street in order to access a public street adjacent to the property developed as a Private Drive Gated Subdivision.

7.

Building setbacks are measured from the adjacent side of the private street easement line.

8.

Gated entrances shall comply with access policies of Fire Department and other public safety agencies.

9.

All streets within Private Drive Gated Subdivisions must provide approved street name signs, traffic control signs, and lots within the Private Drive Gated Subdivision shall display approved street numbers.

(5-3-2005)

A.

Every use shall be so operated as to minimize the emission into the air of dirt, dust, fly ash or any other solid matter which causes damage to property or harm or discomfort to persons or animals at or beyond the lot line of the property on which the use is located and shall comply with applicable federal and state air quality regulations.

B.

The applicant shall be responsible for identifying all applicable federal and state regulations and permitting requirements and shall provide evidence of compliance.

C.

Such uses shall not be located adjacent to or across the street from any property used or zoned for single-family residential use.

The Board of Commissioners shall be advised by other governmental jurisdictions of their plans to establish public facilities within the unincorporated areas of the County by written notice and a site plan submitted to the Department for approval in accordance with applicable provisions.

A.

Quarry areas being excavated shall be entirely enclosed within a fence located at least ten (10) feet from the edge of any excavation and of such construction and height as to be demonstrably able to exclude children and animals from the quarry area.

B.

The operators and owners of the quarry shall present to the Board of Commissioners an acceptable comprehensive plan for the reuse of the property at the cessation of operations.

C.

In the case of an existing quarry, an extension of quarry operations beyond the areas being quarried or approved for quarrying at the effective date of this Ordinance shall be permitted and shall not be considered a new operation provided that the extension does not extend to within one thousand (1,000) feet of a residential or commercial Zoning District boundary line.

Cross reference— See Developments of Regional Impact, § 8-1-120.

A.

Activities shall be limited to collection, sorting, compacting, and shipping.

B.

Along the entire road frontage (except for approved access crossings), provide a three-foot high landscape earthen berm with a maximum slope of three (3) to one (1) and/or a minimum six-foot high, one hundred percent (100%) opaque, solid wooden fence or masonry wall. The fence/wall or berm must be located outside of any public right-of-way and interior to any landscaped strip. The finished side of a fence/wall shall face the exterior property lines.

C.

The facility shall not be located adjacent to or across the street from any property used or zoned for single-family residential use.

D.

Lighting for such facilities shall be placed so as to direct away from any nearby residential areas.

E.

Materials collected shall not be visible and shall be deposited in a bin or bunker. All sorting and collection bins shall either be enclosed and have chutes available to the public or be located inside a fully enclosed building.

F.

No outdoor storage of non-containerized materials shall be allowed.

A.

Buildings, courts, pools and other structures shall be set back not less than twenty-five (25) feet from any property line, except when such property line is a street line. In such case, the front yard setback of the district shall apply.

B.

Swimming pools shall comply with the standards established in this Section.

C.

Outdoor activity shall cease by 10:00 p.m.

(Allowed as a conditional use in the "A" zoning.)

NAICS 721214 Recreational and vacation camps comprises establishments primarily engaged in operating overnight recreational camps, such as children's camps, family vacation camps, hunting and fishing camps, and outdoor adventure retreats, that offer trail riding, white water rafting, hiking, and similar activities. These establishments provide accommodation facilities, such as cabins and fixed campsites, and other amenities, such as food services, recreational facilities and equipment, and organized recreational activities.

A.

The number and location of access drives shall be controlled for traffic safety and protection of surrounding properties; no camping or trailer space shall be designed for direct access to a street outside the boundaries of the park, and the principal interior access drives shall be at least thirty (30) feet in width, dust free or treated to reduce dust.

B.

The minimum lot area per park shall be five (5) acres.

C.

The minimum area for a trailer or camping site shall be maintained in accordance with the approved plan and with corners of each site visibly marked and numbered by a permanent marker.

D.

The park or campground shall be surrounded by a landscaped strip of open space one hundred (100) feet wide along the street frontage and fifty (50) feet wide along all lot lines.

E.

Proper provision shall be made for storage and refuse collection. Water and sanitary facilities, if provided, shall be subject to approval by the Walton County Health Department.

F.

No camp patron shall be allowed to maintain and/or use the camping site or facilities of any camp permitted under this Section for a period longer than ninety (90) days in any one calendar year.

(2-1-2022)

(Allowed in B2 and conditional use in A, A1 and MHP.)

NAICS 721211 Recreational Vehicle Parks and Campgrounds comprises establishments primarily engaged in operating sites to accommodate campers and their equipment, including tents, tent trailers, travel trailers, and RVs (recreational vehicles). These establishments may provide access to facilities, such as washrooms, laundry rooms, recreation halls, playgrounds, stores, and snack bars. Example of uses Campgrounds, campsites, RV and travel trailer campsites.

A.

Recreational Vehicle Parks. In any district where recreational vehicle parks are permitted, the applicant shall submit a layout of the park subject to the following conditions:

1.

No recreational vehicle park shall be located except with direct access to a county, state or federal highway, with a minimum lot width of not less than fifty (50) feet for portion used for entrance and exit. No entrance or exit shall be through a residential district, or shall require movement of traffic from the park through a residential district.

2.

The minimum lot area per park shall be five (5) acres.

3.

The park shall be surrounded by a landscaped strip of open space one hundred (100) feet wide along the street frontage and fifty (50) feet wide along all lot lines

4.

Spaces in recreational vehicle parks may be used by recreational vehicles provided they meet any additional laws and ordinances of the County and shall be rented by the day or week only, and a recreational vehicle occupying the same space shall remain in the same park for a period of not more than thirty (30) days.

B.

Management headquarters, recreational facilities, toilets, showers, laundry facilities and other uses and structures customarily incidental to operation of a park are permitted as accessory uses in any district in which parks are allowed, provided:

1.

Such establishments and the parking area primarily related to their operations shall not occupy more than ten percent (10%) of the area of the park.

2.

Such establishments shall be restricted in their use to occupants of the park.

3.

Such establishments shall present no visible evidence of their commercial character that would attract customers other than occupants of the park.

C.

No space shall be so located that any part intended for occupancy for sleeping purposes shall be within eighty (80) feet of the right-of-way line of any county, state or federal road.

D.

In addition to meeting the above requirements, the recreational vehicle park site plan shall be accompanied by a certificate of approval of the Walton County Health Department.

(2-1-2022)

Conditional Use applications shall require that a site plan be submitted to the Department.

Facilities shall comply with and function as a Personal Care Home (see Section 6-1-620), depending on the number of residents as outlined in this Ordinance.

(Ord. No. OA24060019-6, 11-5-2024)

Dwelling units shall be constructed and occupied in accordance with these Residential Occupancy Limitations.

A.

Privacy

Dwelling units, hotel units, and rooming units shall be arranged to provide privacy and be separate from other adjoining spaces.

B.

Minimum Room Widths

A habitable room, other than a kitchen, shall not be less than seven (7) feet in any plan dimension. Kitchens shall have a clear passageway of not less than three (3) feet between counter-fronts and appliances or counter-fronts and walls.

C.

Minimum Ceiling Heights

Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than seven (7) feet.

Exceptions:

a.

In one- and two-family dwellings, beams or girders spaced not less than four (4) feet on center and projecting not more than six inches below the required ceiling height;

b.

Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a ceiling height of not less than six (6) feet eight (8) inches with not less than six (6) feet four (4) inches of clear height under beams, girders, ducts and similar obstructions;

c.

Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least seven and one-half (7½) feet over not less than fifty percent (50%) of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a clear ceiling height of five (5) feet or more shall be included.

D.

Bedroom Requirements

1.

Area for Sleeping Purposes. Every bedroom occupied by one (1) occupant shall contain at least seventy (70) square feet of floor area, and every bedroom occupied by more than one (1) occupant shall contain at least fifty (50) square feet of floor area for each occupant thereof.

2.

Prohibited Occupancy. Kitchens and uninhabitable spaces (i.e., bathrooms, toilet rooms, closets, halls, storage or utility spaces) shall not be used for sleeping purposes.

E.

Overcrowding

Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of the following Minimum Occupancy Area Table:

Note a. See paragraph (2) of this section below for combined living room/dining room spaces.

Note b. See paragraph (1) of this section below for limitations on determining minimum occupancy area for sleeping purposes.

1.

Sleeping area. The minimum occupancy area required by the Minimum Occupancy Area Table shall not be included as sleeping area in determining minimum occupancy area for sleeping purposes. All sleeping areas shall comply with section D above.

2.

Combined spaces. Combined living room and dining room spaces shall comply with the requirements of the Minimum Occupancy Area Table if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room.

F.

Occupancy Limit; Variance

Notwithstanding any other provision of this Ordinance to the contrary, individuals shall only occupy any residential dwelling unit in compliance with the definition of family herein unless a variance has been granted pursuant to Article 14, Section 14-1-180, Subsection (d) of this Code.

(6-6-2006; 6-2-2015)

A.

Purpose and Intent

The purpose of the Rural "open ditch" minor Subdivision development is to authorize development subject to certain standards. This development is only available in the A1 Rural Estate, A2 Rural Estate and R1 Residential Zoning Districts.

B.

Principal Uses and Structures

Single-family detached residential dwellings permitted under the underlying zoning district.

C.

Accessory Uses and Structures

Accessory uses permitted under the underlying zoning district in accordance with Article 5, Part 5-2 of this Ordinance.

D.

Conditional Uses

Conditional uses as permitted under the underlying zoning district in accordance with Article 5, Part 5-1 of this Ordinance. Conditional uses shall be subject to the additional use standards established in Article 6 of this Ordinance.

E.

Property Development Standards

1.

Minimum Lot Area:

a.

The minimum lot area shall be two (2) acres.

2.

Minimum Lot Width at Building Line: The minimum lot width at the minimum required building line shall be:

a.

Two hundred (200) feet where both private well and individual septic tank are used. One hundred fifty (150) feet where public or community water and individual septic tank are used

3.

Minimum Yard Requirements:

a.

Front: Fifty (50) feet

b.

Side: Fifteen (15) feet.

c.

Rear: Forty (40) feet.

4.

Minimum House Size: The minimum floor area of the primary dwelling shall be 2,000-square foot ranch; 2,400-square foot two-story.

5.

Maximum Height: The maximum height of buildings shall be thirty-five (35) feet.

6.

Specific Regulations for Residential Units

Units shall have the following additional requirements:

a.

A minimum width in excess of twenty-four (24) feet.

b.

A minimum roof pitch of 5:12, which means having a pitch equal to at least five (5) inches of vertical height for every twelve (12) inches of horizontal run. Any dwelling unit for which a building permit was obtained prior to the adoption of this Ordinance may be extended, enlarged or repaired as otherwise provided by this Ordinance with the same roof pitch as that allowed by the previous building permit.

c.

All roof surfaces exposed to view shall be covered with asphalt or fiberglass shingles, wood shakes or shingles, standing seam (non-corrugated tin or steel), clay tiles, slate, or similar materials approved by the Director.

d.

Exterior materials shall consist of wood, brick, stone or other masonry type product, fiber cement siding and other similar material is permitted. Vinyl and aluminum siding is prohibited.

e.

All primary roof overhangs for exterior walls shall be no less than twelve (12) inches for brick sided and twelve (12) inches for all other and shall apply to gable ends as well as exterior walls supporting rafters.

f.

All primary front entrances shall be scaled to the relative proportions of the building design, adjoining streetscape, and maintain the overall architectural style of the residence. All primary front and rear entrances shall be recessed a minimum of five (5) feet, and shall be covered by a roof extension, trellis extension, or shed roof extension no less than six (6) feet by six (6) feet in dimension. (This shall not apply to covered front porches.)

g.

All exterior wall sections wider than twenty-five (25) feet shall include an interruption in the plane of the façade by recess, protrusion, or fenestration.

h.

No exposed unpainted wood is allowed on the front façade of any dwelling except porch flooring boards.

i.

The dwelling shall be placed on a permanent foundation, either slab or pier, which meets the requirements of the IRC Building Code.

j.

Utility meters shall be mounted to the structure rather than on a utility pole, and all axles, tongues, and transporting and towing apparatus of manufactured homes shall be removed before occupancy.

k.

All residential structures shall have a minimum six-foot by eight-foot front porch, patio or deck and a minimum six-foot by eight-foot rear porch. The structure shall include steps, which lead to ground level, and both landing, and steps shall meet the requirements of the IRC Building Code.

l.

A manufactured home shall be installed in accordance with the above regulations and Rules and Regulations of the Office of Commissioner of Insurance Safety Fire Division Chapter [120-3-7] Rules and Regulations for Manufactured Homes and the rules promulgated thereunder.

m.

The dwelling shall include an attached or detached, enclosed two-car garage having a minimum 5:12 roof pitch.

n.

Driveways aprons shall be paved within the right-of-way in accordance with the Standard Design and Construction Details.

o.

Every single family dwelling lot within a platted residential subdivision shall plant and/or maintain two (2) two-inch caliper trees.

p.

All lot grading for residential dwellings shall not exceed 3:1 slope. Exceptions to this requirement shall be at the discretion of the Development Director on a case-by-case basis.

7.

All lots shall be sodded twenty-five (25) feet around the perimeter of the residence. The right-of-way must be sodded where disturbed by grading, utility or driveway construction. In situations where there is an established stand of perennial grass with at least eighty percent (80%) coverage, sod may be waived on a case-by-case basis.

8.

Street Trees shall be prohibited within any rights-of-way to be dedicated to Walton County.

9.

Roads shall be paved as per "standard for local streets" as outlined in Article 9 of this Ordinance (with open ditch).

10.

Private Drive Gated "open ditch" road is allowed. No lot shall have direct access to a public street.

11.

Utilities: Underground utilities are allowed.

A.

Purpose and Intent

The purpose of the Rural Public Road Minor Subdivision development is to authorize, subject to certain standards, development of lots which have required frontage an existing county maintained road. This development is only available in the A1 Rural Estate, A2 Rural Estate and R1 Residential Zoning Districts.

B.

Principal Uses and Structures

Single-family detached residential dwellings permitted under the underlying zoning district.

C.

Accessory Uses and Structures

Accessory uses permitted under the underlying zoning district in accordance with Article 5, Part 5-2 of this Ordinance.

D.

Conditional Uses

Conditional uses as permitted under the underlying zoning district in accordance with Article 5, Part 5-1 of this Ordinance. Conditional uses shall be subject to the additional use standards established in Article 6 of this Ordinance.

E.

Property Development Standards

Property development standards shall be as permitted under the underlying zoning district with the following exceptions:

1.

Minimum Lot Area: two (2) acres

2.

Minimum Lot Width at Building Line: The minimum lot width at the minimum required building line shall be:

a.

Two hundred (200) feet where both private well and individual septic tank are used. One hundred fifty (150) feet where public or community water and individual septic tank are used

3.

Minimum Yard Requirements:

a.

Front: Seventy-Five (75) feet

b.

Side: Fifteen (15) feet.

c.

Rear: Forty (40) feet.

4.

Driveway separation must comply with Article 9, Section 9-1-100 D.4.

a.

All driveway access points and culvert pipe size for each lot must be shown on the final plant and approved by the department.

b.

Dual driveways may be required at the discretion of the director.

(See Standard Design Detail 3.16B.)

5.

Minimum House Size: The minimum floor area of the primary dwelling shall be 2,000-square foot ranch; 2,400-square foot two-story.

6.

Maximum Height: The maximum height of buildings shall be thirty-five (35) feet.

7.

Specific Regulations for Residential Units

Units shall have the following additional requirements:

a.

A minimum width in excess of twenty-four (24) feet.

b.

A minimum roof pitch of 5:12, which means having a pitch equal to at least five (5) inches of vertical height for every twelve (12) inches of horizontal run. Any dwelling unit for which a building permit was obtained prior to the adoption of this Ordinance may be extended, enlarged or repaired as otherwise provided by this Ordinance with the same roof pitch as that allowed by the previous building permit.

c.

All roof surfaces exposed to view shall be covered with asphalt or fiberglass shingles, wood shakes or shingles, standing seam (non-corrugated tin or steel), clay tiles, slate, or similar materials approved by the Director.

d.

Exterior materials shall consist of wood, brick, stone or other masonry type product, fiber cement siding and other similar material is permitted. Vinyl and aluminum siding is prohibited.

e.

All primary roof overhangs for exterior walls shall be no less than twelve (12) inches for brick sided and twelve (12) inches for all other and shall apply to gable ends as well as exterior walls supporting rafters.

f.

All primary front entrances shall be scaled to the relative proportions of the building design, adjoining streetscape, and maintain the overall architectural style of the residence. All primary front and rear entrances shall be recessed a minimum of five (5) feet, and shall be covered by a roof extension, trellis extension, or shed roof extension no less than six (6) feet by six (6) feet in dimension. (This shall not apply to covered front porches.)

g.

All exterior wall sections wider than twenty-five (25) feet shall include an interruption in the plane of the façade by recess, protrusion, or fenestration, (garage side of house is excluded).

h.

No exposed unpainted wood is allowed on the front façade of any dwelling except porch flooring boards.

i.

The dwelling shall be placed on a permanent foundation, either slab or pier, which meets the requirements of the IRC Building Code.

j.

Utility meters shall be mounted to the structure rather than on a utility pole, and all axles, tongues, and transporting and towing apparatus of manufactured homes shall be removed before occupancy.

k.

All residential structures shall have a minimum six-foot by eight-foot front porch, patio or deck and a minimum six-foot by eight-foot rear porch. The structure shall include steps, which lead to ground level, and both landing, and steps shall meet the requirements of the IRC Building Code.

l.

A manufactured home shall be installed in accordance with the above regulations and Rules and Regulations of the Office of Commissioner of Insurance Safety Fire Division Chapter [120-3-7] Rules and Regulations for Manufactured Homes and the rules promulgated thereunder.

m.

The dwelling shall include an attached or detached, enclosed two-car garage having a minimum 5:12 roof pitch.

n.

Driveways aprons shall be paved within the right-of-way in accordance with the Standard Design and Construction Details. (Development along substandard roads are exempt from paved apron requirements.)

o.

Right-of-way dedication will be required for developments located off prescriptive easements.

p.

Every single family dwelling lot within a platted residential subdivision shall plant and/or maintain two (2) two-inch caliper trees.

q.

All lot grading for residential dwellings shall not exceed 3:1 slope. Exceptions to this requirement shall be at the discretion of the Development Director on a case-by-case basis.

8.

All lots shall be sodded twenty-five (25) feet around the perimeter of the residence. The right-of-way must be sodded where disturbed by grading, utility or driveway construction. In situations where there is an established stand of perennial grass with at least eighty percent (80%) coverage, sod may be waived on a case-by-case basis.

9.

Street Trees shall be prohibited within any rights-of-way to be dedicated to Walton County.

(5-3-2022)

A.

The yard is to be located no closer than three hundred (300) feet to a residential, O-I or commercial zoning district boundary line.

B.

The yard is to be completely enclosed with a solid fence of not less than eight (8) feet high and no closer than fifteen (15) feet from the right-of-way of any adjoining roadway. In no case shall the fence be less than a height necessary to screen effectively all storage and other operations from view.

C.

The yard is to be located no closer than one hundred (100) feet from the right-of-way of any major arterial roadway as defined by Walton County.

D.

The yard is a minimum of five (5) acres with a maximum slope of five percent (5%).

The mill and any storage areas must be located at least two hundred (200) feet from any property line and one hundred (100) feet from any right-of-way line.

Within the districts permitting public schools, the following requirements shall apply:

A.

A sufficient paved space must be provided for the loading and discharge of school busses and/or other vehicles used for the transport of students or children which will not interfere with automobile traffic.

B.

A five-foot chain link fence (minimum) shall be provided around play areas.

C.

A site plan shall be approved by to the Department.

Minimum lot size for private elementary, middle, and high schools:

A.

Elementary school: five(5) acres, plus one (1) additional acre for each one hundred (100) students based on the design capacity of the school.

B.

Middle school: twelve (12) acres plus one (1) additional acre for each one hundred (100) students based on the design capacity of the school.

C.

High school: twenty (20) acres, plus one (1) additional acre for each one hundred (100) students based on the design capacity of the school.

A private school or similar institution may include residential facilities and accessory kitchen, dining, and recreational facilities, provided it is granted a conditional use permit and meets the following standards:

A.

The site contains at least ten (10) acres.

B.

Residential facilities, dormitories, kitchens, dining halls, and recreation facilities constructed on the premises shall be subordinate and accessory to the principal use of the property as a private school and used exclusively by students, faculty, and staff of the school.

C.

Residential facilities, dormitories, kitchens and dining halls occupied for more than one hundred twenty (120) days per year shall be permanently constructed facilities meeting provisions of Walton County Ordinances and the applicable County and State Public Health and Building Codes.

D.

No occupied structures, parking lots or outdoor lights shall be closer than one hundred (100) feet from residential structures on adjacent property.

E.

The entire site shall be surrounded by a fifty-foot (50) undisturbed buffer meeting the standards of Article 12 of this Ordinance.

A.

Location Allowed/Prohibited

Short Term Rentals are prohibited in all zoning districts, except where specifically allowed as a conditional use. (A and R3)

Nothing contained in this Article shall be construed to prohibit motels, hotels, inns and other commercial lodging uses from being located in commercial zoning districts or where otherwise specifically allowed.

B.

Tenancy

The maximum time period a Short Term Rental may be rented is seven (7) days, and the maximum number of such seven-day rentals in a calendar year is fifty-two (52). No Short Term Rental may be rented more than once during the same seven-day period, and seven-day rental periods shall not overlap.

C.

Regulations Applicable to Short Term Rentals

In addition to the licensing requirements and other requirements set forth herein, the following regulations apply to Short Term Rentals:

•

Annual Inspection: The property must be inspected each year by the Walton County Building Inspection Department prior to the issuance of a license for a Short Term Rental; All ADA guidelines will be required.

•

Parking: Off street parking is required for every Short Term Rental. One (1) paved off-street parking space is required per room qualifying as a bedroom for Short Term Rentals. To qualify as a parking space, the minimum dimensional requirements must include a useable rectangular area of nine (9) feet wide by twenty (20) feet long, exclusive of any other area counted as a parking space. The number of vehicles allowed during a Short Term Rental tenancy shall not exceed the number of parking spaces available on the property. For the purposes of this Ordinance, any type of trailer, boat and/or recreational vehicle shall also be counted as one (1) vehicle, separate from the vehicle used to transport the trailer, boat and/or recreational vehicle;

•

Traffic: Daily vehicle trips to any property qualifying as a Short Term Rental shall not exceed ten (10) average daily trips;

•

Trash: All trash must be disposed of properly in county dumpsters. No trash may be disposed of on the property. If curbside trash pickup is available, a limit of three (3) rolling trash cans not to exceed sixty-five (65) gallons each may be utilized for property with a Short Term Rental. Use of commercial or roll-off dumpsters on a property with a Short Term Rental is prohibited;

•

Demarcation of Boundaries: The property boundaries of every parcel with a Short Term Rental must be clearly demarcated with fencing or other means approved by the Director of Planning and Development;

•

Fire Extinguishers: At least one (1) ten-pound ABC fire extinguisher must be located on each level of the structure and must be clearly visible or marked with appropriate signage. Fire extinguishers must be certified annually by a licensed fire extinguisher company;

•

Smoke Detectors: A smoke detector must be installed in each bedroom and on each level of the structure. All smoke detectors must be interconnected;

•

Property Manager or Local Contact Person: All Short Term Rentals shall designate a local property manager. The local property manager shall be available twenty-four (24) hours a day to respond to tenant and neighborhood questions or concerns. Where a property owner lives within the same community as the Short Term Rental, the property owner may designate him/herself as the local contact person. The name, address and telephone number(s) of the local contact person shall be submitted to the Walton County Planning and Development Department, the Walton County Sheriff's Office, the Walton County Fire Department, and to the property owners located within a 300-foot radius of the property. The name, address and telephone numbers shall be permanently posted in the rental unit in a prominent location(s). Any change in the local contact person's address or telephone number shall be promptly furnished to each of these agencies and neighboring property owners as specified in this Section. If the local contact person is unavailable or fails to respond, the complaining or questioning party may contact the Walton County Sheriff's Office. The Sheriff's Office will then attempt to reach the local contact person.

In cases where the Sheriff's Office is unable to reach the local contact person, the penalties as set forth in this Article shall apply.

D.

License Required

All Short Term Rentals require an annual Short Term Rental License, in the form of an Occupational Tax Certificate. Short Term Rental Licenses are good for one (1) calendar year. An applicant must apply each year and pay the license fee set by the Board of Commissioners. The license fee may not be pro-rated. Short Term Rental Licenses shall not renew, and an applicant must re-apply each year to continue operating as a Short Term Rental. Short Term Rental Licenses are non-transferable, and such licenses automatically terminate upon a change of ownership of the property on which a Short Term Rental is located.

E.

Standards for Granting a License

The following standards shall be used to determine whether an application for Short Term Rental will be granted or denied:

•

Applicant must prove ownership of the property;

•

Short Term Rentals must be allowed in the zoning district in which the property is located. If Short Term Rentals are allowed in the zoning district as a conditional use, the applicant must have obtained such a conditional use permit before applying;

•

Applicant must show compliance with requirements contained in this Article through inspection of books and records;

•

Applicant must not have been convicted of a crime of moral turpitude within the ten (10) years prior to the application;

•

Applicant must not have been convicted of violating any provisions of this Ordinance or the Walton County Code of Ordinances within eighteen (18) months of the application.

F.

Violations

The use of property in violation of the provisions of this Article shall constitute a violation of this Ordinance, and the penalties shall be in accordance with Article 15 of the Walton County Zoning Ordinance. Additionally, any violation of this Article may result in the revocation of any Short Term Rental License issued hereunder.

If the property manager or local contact person is not able to be reached by the Walton County Sheriff's Office more than three (3) times in any consecutive six (6) month period, this shall be grounds for revocation of the Short Term Rental License.

(7-6-2021)

Uses allowed in the "A" zoning must meet the following:

A.

Property size shall be minimum twenty-five (25) acres.

B.

There shall be a minimum distance of three hundred (300) feet from the slaughterhouse to the nearest residential dwelling.

C.

The front yard setback shall be one hundred fifty (150) feet from all streets rights-of-way.

D.

The applicant shall comply with all site plan requirements as required by this Ordinance as well as USDA and EPD regulations.

Uses allowed in the "M2" zoning must meet the following:

A.

The front yard setback shall be seventy-five (75) feet from all street right-of-way lines.

B.

The slaughterhouse shall comply with the wholesale and industrial off-street loading and unloading space as required by this Ordinance.

C.

The applicant shall comply with off-street automobile parking requirements contained in this Ordinance for wholesale business.

D.

There shall be a minimum distance of one thousand (1,000) feet from the slaughterhouse to the nearest residential dwelling.

E.

The applicant shall comply with all site plan requirements as required by this Ordinance as well as USDA and EPD regulations.

Solar collection systems shall be considered an accessory use in all Zoning Districts in accordance with the following requirements:

A.

Freestanding solar panels shall only be permitted in the rear and side yard in the commercial and industrial zoning districts, and in the rear yard only of agricultural and residential zoning districts.

B.

Freestanding solar panels located on the ground or attached to a framework located on the ground shall not exceed twenty (20) feet in height above the ground.

C.

Freestanding solar panels shall meet the set back as required for in the districts in which they are located.

D.

The total coverage of a lot with freestanding solar panels cannot exceed the greater of fifty percent (50%) lot coverage or the maximum allowable coverage for the district in which they are located.

E.

Roof-mounted solar panels installed on a building or structure with a sloped roof shall not project vertically more than the height requirements for the district in which they are located. The panels shall not be located within three (3) feet of any peak, eave, or valley of the roof to maintain pathways of accessibility.

F.

Systems located on the roof shall provide, as part of their permit applicant, evidence of design review and structural certification if the slope of the panel differs from the roof pitch. All panels on commercial roofs shall provide this information regardless of slopes, as well as any residential roof with greater than fifty percent (50%) coverage.

G.

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

H.

No solar energy system shall be installed until evidence has been presented the Planning and Development Department that the electric utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

I.

Any panels installed to be used by someone other than the owner of the property shall provide an affidavit or evidence of agreement between the lot owner and facility's owner or operator confirming the facility owner or operator has permission of the property owner to install and utilize solar panels.

J.

Glare — The applicant shall demonstrate that the proposal will not have an adverse effect on neighboring properties.

(1-6-2015)

It is the purpose of this regulation to promote the safe, effective and efficient use of solar farm development, construction and operation. Solar Energy farm shall be a conditional use in A (Agricultural), M1 (Light Industrial) and M2 (Heavy Industrial)

The installation and construction of a solar farm shall be subject to the following development and design standards:

A.

A solar farm installation shall be permitted as a conditional use in agricultural zoned districts classified as "A", and Industrial zoned districts classified as M1 and M2 as determined by the Walton County Comprehensive Land Development Ordinance Principal Uses Classification Chart.

B.

A solar farm installation shall be constructed on five (5) or more acres within the "A" zone/conditional use district for the purpose of generation of power to be sold as electricity to the utility grid and to be used on-site as electricity for consumption in an agricultural setting, establishment, or in farming activities. Acreage requirements for M1 and M2 will be as specified in Article 4.

C.

A solar farm connected to the utility grid in "A", M1 and M2 zoned districts shall provide a "proof of concept letter" from the local utility company acknowledging the solar farm will be interconnected to the utility grid in order to sale electricity to the public utility entity.

D.

The design of the solar farm shall adhere to existing structural height requirements. If the solar farm requires a roof mounting on buildings on the property, the roof mounted installation may not exceed the maximum principal building height or accessory building height specified for the building type in the underlying zoning district.

E.

The design of the solar farm shall adhere to existing county ordinances with regards to setback requirements of the underlying zoning district. If the solar farm will be constructed by the utilization of ground mounting, then a ground mounting plan and process must be submitted during the County application process. The ground mounting plan may consist of standard solar manufacturer installation plans and processes for ground mounting.

F.

The operation of the solar farm shall comply with the following:

1.

Equipment shall be screened and fenced from adjacent property to restrict unauthorized access. Screening shall consists of a minimum eight-foot opaque fence with the addition of shrubbery, trees or an earthen berm as may be required to comply with the view shed/glare requirements.

2.

Solar equipment shall not be located within the minimum front yard or setback of the underlying zoning district.

3.

Solar panels shall not be placed in the vicinity of any airport in a manner that would interfere with airport flight patterns. Acknowledgement from the Federal Aviation Administration may be necessary.

4.

All power transmission lines from a ground mounted solar farm shall be located underground after connection from the solar panel combiners to the interconnection point.

5.

A solar energy system shall not be used to display advertising, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners or similar materials. The manufacturers' or installers' identification and appropriate warning signage shall be posted at the site in a clearly visible manner.

6.

The local utility provider shall be contacted to determine grid interconnection and net metering policies.

7.

If a solar farm is located in a designated county watershed protection district, solar farm developer must provide an impact statement concerning net effect of solar farm installation within the designated county watershed area. Limitations on ground disturbance will be determined and conditions of disturbance may be imposed as a condition of approval for solar farm development, construction, and operation.

8.

View shed/glare — The applicant shall demonstrate that the proposal will not have an adverse effect on neighboring properties by providing aerials of the site, graphic renderings of the project, and/or pictures from the site of surrounding parcels demonstrating sight lines. Appropriate vegetated buffers and/or plantings may also be required to help limit the visual impact of the site and possible glare issues.

9.

Sound Barriers shall be required for noise mitigation around all inverter and transformer skid pads. Mitigation barriers shall be approved on an individual basis by the Planning and Development Department.

G.

The following requirements shall be met for building/development permit applications:

1.

A descriptive plot plan including setbacks, panel sizes, locations of property lines, building, and road rights-of-way.

2.

Any other relevant studies, reports, certificates and approvals as may be reasonably requested by the Department, including but not limited to design review.

3.

A stormwater management study shall be provided to ensure compliance with local BMPs.

H.

The following requirements shall be met for decommissioning:

1.

Solar energy farms which have not been in active and continuous service for a period of one (1) year shall be removed at the owners or operators expense.

2.

The site shall be restored to as natural condition as possible within six (6) months of the removal.

(12-6-2011)

A.

Along the entire road frontage (except for approved access crossings), provide a three-foot high landscape earthen berm with a maximum slope of three (3) to one (1) and/or a minimum six-foot high opaque solid wooden fence or masonry wall. The fence/wall or berm must be located outside of any public right-of-way and interior to any landscaped strip. The finished side of a fence/wall shall face the exterior property lines.

B.

The facility shall not be located adjacent to or across the street from any property used or zoned for single-family residential use.

C.

Lighting for such facilities shall be placed so as to direct away from any nearby residential areas.

D.

No outdoor storage of non-containerized materials shall be allowed.

A.

No above ground storage facilities may be located on the same lot as an automobile service station or closer than five hundred (500) feet from any residentially zoned property or school.

B.

A fire prevention, evacuation, and safety plan must be approved by the Walton County Fire Department.

C.

A spill containment and noise and air pollution abatement plan must be approved by the Department.

D.

The use must comply with all applicable state and federal laws.

Storm shelters are permissible as accessory uses and structures, where permitted, subject to the following conditions:

A.

If any portion of the structure extends above the ground, that portion above the ground must comply with the yard and lot coverage regulations of the district in which it is located, and the site plan for such shelter must be approved by the Walton County Planning and Development Office.

B.

If the structure is completely underground, it need not comply with yard requirements or percentage of lot coverage requirements.

C.

A storm shelter, underground or above ground, shall be confined to a side or rear yard and shall not be located in the front yard between the main building and the street on which it fronts.

D.

Storm shelters may be contained in other structures or may be constructed separately.

A.

The pool and pool decking for community pools, private club pools, or outdoor pools in multi-family complexes, hotels or motels shall be located at least fifty (50) feet inside the property lines adjacent to a single-family residential zone or use and at least fifty (50) feet from any property line adjacent to a non-residential zone or use.

B.

When an outdoor pool is adjacent to off-site residences, the playing of music on a public address system is prohibited. Informational announcements are permitted. This requirement may be waived if a permit has been issued for a special event.

C.

All pools must be enclosed by a chain link or solid wooden privacy fence at least four (4) feet in height and with a self-closing/latching gate.

D.

All swimming pools shall comply with all applicable ordinances and must have the necessary approval from the Walton County Health Department.

(6-6-2006)

Within the districts permitting home swimming pools, the following requirements shall apply:

A.

The swimming pool shall not be located closer than fifteen (15) feet to any property line.

B.

The swimming pool and deck shall be enclosed by a wall or fence of at least four (4) feet in height. These regulations shall apply to in-ground and aboveground swimming pools that have a water depth over twenty-four (24) inches or have a surface area of at least one hundred (100) square feet.

C.

The deck shall be no closer than five (5) feet from any property line.

D.

Prior to obtaining a building permit, approval of any in-ground swimming pool shall be obtained from the Walton County Health Department.

A.

Temporary buildings, except where otherwise specifically permitted, shall not be allowed in any district except when used in conjunction with construction work or pending completion of a permanent building for a period not to exceed one (1) year. The time period may be extended upon approval by the Director.

B.

Setbacks for temporary buildings shall conform with the setbacks required in the appropriate zoning district.

C.

Temporary buildings shall be removed when the construction has been completed.

A.

Outdoor retail sales of merchandise including outside flea markets may be approved by the Director in special administrative permit pursuant to the following requirements:

1.

Written permission of the property owner is required.

2.

No operator, employee or representative shall solicit directly to the motoring public.

3.

No such temporary outdoor retail sales shall be conducted on public property or within any public right-of-way.

4.

Adequate parking, ingress and egress are provided on site or written permission is obtained from an adjoining property owner.

5.

As part of the application a site plan for the activity may be required.

6.

No temporary buildings, shacks or tents shall be permitted in connection with this use.

7.

All activities incident to this use shall be limited to daylight hours only.

8.

All displays and equipment incident to this use shall be removed nightly.

9.

No such temporary outdoor sales of merchandise shall be approved for a time period exceeding three (3) consecutive days.

10.

No special administrative permit for temporary sales of merchandise shall be approved for the same lot or any portion thereof for a total of more than twelve (12) days in any calendar year.

11.

All other requirements for licenses and regulations of Walton County shall be met.

12.

Not permitted in zoning district A.

B.

Outdoor Retail Seasonal Sales

Outdoor retail seasonal sales of plants, flowers, pumpkins, Christmas trees, farm produce or similar items may be approved by the Director by special administrative permit pursuant to the following requirements:

1.

Written permission of the property owner is required.

2.

No operator, employee or representative shall solicit directly to the motoring public.

3.

No such temporary outdoor retail sales shall be conducted on public property or within any public right-of-way.

4.

Adequate parking, ingress and egress are provided on site or written permission is obtained from the owner of adjoining property.

5.

As part of the application a site plan for the activity may be required.

6.

No such temporary outdoor seasonal retail sales shall be approved for a time period exceeding forty-five (45) consecutive days.

7.

All other requirements for licenses and regulations of Walton County shall be met.

8.

Use is permitted in zoning district A.

A.

Art shows, carnival rides and special events of community interest may be approved by the Director by special administrative permit pursuant to the following requirements:

1.

For a time period not exceeding fourteen (14) days.

2.

The activity shall be conducted at least five hundred (500) feet from any residential district.

3.

No living accommodations on-site.

4.

Employees shall be uniformed and identified.

5.

Security or off-duty police officers on-site during operating hours.

6.

Portable toilets provided.

7.

Site plan to determine compliance with all zoning ordinance requirements.

8.

All other requirements for licenses and regulations of Walton County shall be met.

B.

Rodeos, horse shows, carnivals, athletic events, community fairs and special events of county interest may be approved by the Director by special administrative permit pursuant to the following requirements.

1.

For a time period not exceeding fourteen (14) days.

2.

All buildings, structures and activities associated with such use shall be set back at least five hundred (500) feet from the boundary of any residential district.

3.

All buildings, structures and activities associated with such use shall be set back at least two hundred (200) feet from any property line.

4.

The minimum lot area for any such use shall be twenty (20) acres.

5.

Employees shall be uniformed and identified.

6.

Security or off-duty police officers on-site during operating hours.

7.

Sanitary facilities to be provided.

8.

Site plan to determine compliance with all zoning ordinance requirements.

9.

All other requirements for license and regulations of Walton County shall be met.

A.

No more than six (6) or fewer than three (3) continuous townhouses shall be connected in a row within the same building.

B.

No side yard is required except that on corner and interior lots. The end of the building in any townhouse grouping shall conform to the side yard requirements of that district.

Utility structures and buildings, including electric power generating units and natural gas substations, telephone exchanges, and similar structures must be fenced and properly screened with a six-foot high planted buffer as approved by the Department.

A.

Any structure used as an animal hospital or veterinary clinic shall be located and its activities conducted at least one hundred (100) feet from any property zoned or used for residential purposes.

B.

Medical treatment or care shall be practiced only within an enclosed building or structure.

C.

Kennel or boarding operations incidental to the principal use shall be permitted only within an enclosed building or structure.

D.

The building or structure shall be designed to prevent the adverse impact of noise and/or odor from the animals on adjoining properties.

A private individual or group may conduct, not more than twice in any six-month period, a sale of used items, baked goods or other food items. Such events shall be limited to three (3) consecutive days per event and subject to any health, zoning or other regulatory ordinances as may be in effect, and may be subject to regulatory fees. The exclusion granted in this section shall not be available to flea market operators, promoters, performances or other such enterprises or any other business-related operations.

(8-4-2009)

The siting of telecommunications facilities within unincorporated Walton County shall balance the interests of the residents of Walton County, telecommunications providers, and telecommunications customers in so as to protect the health, safety, and integrity of residential neighborhoods; and to foster, through appropriate zoning and land use controls, a competitive environment for telecommunications carriers that does not unreasonably discriminate among providers of functionally equivalent personal wireless services. This Ordinance shall not prohibit, or have the effect of prohibiting, the provision of personal wireless services. This ordinance is intended to promote Walton County as a proactive County in the availability of personal wireless telecommunications service. To that end, this Ordinance shall:

A.

Provide for the appropriate location and development of telecommunications facilities within unincorporated Walton County.

B.

Protect Walton County's built and natural environment by promoting compatible design standards for telecommunications facilities.

C.

Minimize adverse visual impacts of telecommunications facilities through careful design, siting, landscape screening and innovative camouflaging techniques.

D.

Avoid potential damage to adjacent properties from tower or antennae failure through engineering and careful sitting of telecommunications tower structures and antennae.

E.

Maximize use of any new and existing telecommunications towers through co-location so as to minimize the need to construct new towers and minimize the total number of towers throughout the County.

F.

Maximize and encourage use of alternate telecommunication tower structures as a primary option rather than construction of additional single-use towers.

G.

Encourage and promote the location of new telecommunications activities in areas which are not zoned for residential use.

A.

District Height Limitations

The requirements set forth in this Ordinance 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.

B.

Public Property

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

C.

Amateur Radio, Receive—Only Antennas

This Ordinance shall not govern any tower, or the installation of any antenna, that is under seventy (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.

D.

Pre-Existing Towers and Antennas

Any tower or antenna for which a permit has been properly issued prior to the effective date of this Ordinance shall not be required to meet the requirements of this Ordinance, other than the requirements of Section 6-2-120 F of this Part. Any such towers or antennas shall be referred to in this Ordinance as "preexisting towers" or "preexisting antennas."

The following standards shall apply to all towers and antennas, unless the governing authority reduces the standards if the goals of this Ordinance would be better served thereby:

A.

Principal or Accessory Use

Antennas and towers may be considered either principal or accessory uses. 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. For 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 Ordinance shall not be deemed to constitute the expansion of a non-conforming use or structure.

B.

Inventory of Existing Sites

Each applicant for an antenna and/or tower shall provide to the Planning and Development Department an inventory of its existing towers that are either within the geographic area of Walton County or within one-half (½) mile of the border thereof, including specific information about the location, height, and design of each tower (pursuant to subsection C of this Section).

C.

Aesthetics

The guidelines set forth in this paragraph shall govern the location of all towers, and the installation of all antennas, governed by this Ordinance; provided, however, that the governing authority may waive these requirements if it determines that the goals of this Ordinance are better served thereby. The determination whether a proposed tower or antenna meets these requirements shall be within the discretion of the Walton County Planning and Development Department. This list is not an exclusive list of the aesthetic issues the governing authority may consider; these are merely guidelines. The governing authority may consider any factor that serves the goals and purposes of this Ordinance.

1.

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness.

2.

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.

3.

If an 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 of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

D.

Lighting

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.

E.

Aesthetics

1.

Site location and development shall preserve the pre-existing character of the surrounding buildings and land uses and the zoning district as much as possible. Personal wireless telecommunication towers shall be integrated through location and design to blend in with existing characteristics of the site to the extent practical.

2.

Existing on-site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the site to the surrounding area.

3.

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

4.

Placement of more than one (1) tower on a lot shall be permitted, provided all setback, design, and landscape requirements are met as to each tower.

5.

Structures may be located as close to each other as technically feasible, provided tower failure characteristics of the towers on the site will not lead to multiple failures in the event that one fails.

6.

Towers must be set back a distance equal to the height of the tower from any residential property line and all public rights-of-way, plus any other applicable setback requirements for the zoning district encompassing the proposed tower.

7.

Towers, guys, and accessory facilities must satisfy the minimum zoning district setback requirements for front, side, and rear yards. In no case shall a tower be located in the required front yard, back yard, or side yard in a residential district.

8.

Towers shall not be sited where they will negatively affect historic or scenic view corridors as designated by the governing authority or any state or federal law or agency or where they will create visual clutter.

9.

Towers shall be enclosed by decay-resistant security fencing installed along the perimeter of the compound not less than six (6) feet in height and shall be equipped with an appropriate anti-climbing device or other similar protective device deigned to prevent tower access.

10.

The following requirements shall govern the landscaping surrounding towers:

a.

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent properties. The standard buffer shall consist of a landscaped strip at least ten (10) feet wide outside the required fence.

b.

In locations where the visual impact of the tower would be minimal, as determined by the Planning and Development Department, the landscaping requirement may be reduced or waived altogether.

c.

Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may provide an adequate buffer at the discretion of the Planning and Development Department.

d.

Any tower proposed at a height greater than one hundred (100) feet, up to one hundred twenty (120) feet shall be designed and intended to accommodate at least three (3) users. Furthermore, for every additional twenty (20) feet of height, said tower shall be designed to accommodate an additional user.

F.

Federal Requirements

All towers must meet or exceed 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. If such standards and regulations are changed, then the owners of the towers and antennas governed by this Ordinance shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) 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 constitute grounds for the removal of the tower or antenna at the owner's expense. Any such removal by the governing authority shall be in the manner provided in O.C.G.A. §§ 41-2-8 through 41-2-17.

The following must be provided when applying for a permit for a telecommunications facility:

A.

Site plan, prepared and sealed by an appropriate licensing professional, to scale specifying the location of the telecommunications facilities, height of facilities, setbacks, transmission building and/or other accessory uses, access, parking, fences, landscape plan, and adjacent land uses.

B.

A full description of the environment surrounding the proposed telecommunications facility, including any adjacent residential structures and districts, structures and sites of historic significance, or scenic view corridors.

C.

A description of anticipated maintenance needs for the telecommunications facility, including frequency of service, personnel needs, equipment needs, and traffic, noise, or safety impacts of such maintenance.

D.

Report from a qualified, independent engineer licensed in the State of Georgia, documenting the following:

1.

Telecommunications facility height and design, including technical, engineering, economic, and other pertinent factors governing selection of the proposed design.

2.

Total anticipated capacity of the telecommunications facility, including number and types of antennae which can be accommodated.

3.

Evidence of structural integrity of the tower structure; and (d) Structural failure characteristics of the telecommunications facility and demonstration that site and setbacks are of adequate size to contain debris should a failure occur.

4.

A definition of the area of service to be served by the antenna or tower and whether such antenna or tower is needed for coverage or capacity.

5.

Information showing the proposed facility would provide the needed coverage or capacity, and that they cannot provide personal wireless communication service without the use of the proposed tower or antennae.

6.

The identity of a community liaison officer appointed by the applicant to resolve issues of concern to neighbors and residents relating to the construction and operation of the facility. Include name, address, telephone number, facsimile number, and electronic mail address and pager number, if applicable.

7.

Identification of the geographic service area for the SU installation, including:

a.

A map showing the site and the nearest or associated telecommunications facility sites within the network;

b.

A description of the distance between existing or proposed telecommunications facility sites; and

c.

A description of how this service area fits into and is necessary for the service network.

8.

Provide information to justify why co-location on an existing tower is not being proposed.

9.

If the proposed site is zoned residential applicants must justify why alternative non-residential sites have not been proposed.

10.

Each application shall include a five-year facilities plan and site inventory including the following:

a.

A list of all existing, to be upgraded or replaced, and proposed telecommunications facility sites within Walton County and a map showing these sites. The list must include (1) street address, land lot, district, and tax map and parcel number; (2) zoning district; (3) type of building and number of stories; (4) the number of antennas and base transceiver stations per site and the location and type of antenna installation (stand alone, rooftop, building facade, etc.), and location of the base transceiver station installation(s); (5) the height from ground to the top of the antenna installation; and (6) the radio frequency range in megahertz, the wattage output of the equipment and effective radiated power. Furthermore, after a tower structure has been approved, the applicant must submit a permit renewal application, which reports the status on the use of said tower, annually to the Planning and Development Department for administrative approval.

b.

If the applicant does not know specific future tower and antenna site locations but does know of areas where telecommunications facilities will be needed within the next five (5) years to provide service, the applicant shall list the land lots contained within the anticipated geographic service area and identify each geographic service area with a number that will correspond to the future telecommunication facility site.

c.

The applicant shall provide any other information requested by the Planning and Development Department in order to fully evaluate the potential impact of the proposed facility.

A.

The uses listed in this Section are deemed to be permitted uses and shall not require administrative review. Nevertheless, all such uses shall comply with Article 3 of this Ordinance and all other applicable ordinances. The following uses are specifically permitted:

1.

A building, sign, light pole, water tower, or other free-standing nonresidential structure) so long as said additional antenna adds no more than twenty (20) feet to the height of said existing structure. For antennas attached to the roof or a supporting structure on a rooftop, a 1:1 setback ratio (example: ten-foot high antenna and supporting structures requires a ten-foot setback from edge of roof) shall be maintained unless an alternative placement is shown to reduce visual impact.

2.

Installing an antenna on any existing tower of any height, so long as the addition of said antenna adds no more than twenty (20) feet to the height of said existing tower and said existing tower is not a pre-existing tower; provided, however, that such specific permitted use shall not include the placement of additional buildings or other supporting equipment used in connection with said antenna.

A.

General

The Planning and Development Department may administratively approve the uses listed in this Article. Each applicant for administrative approval shall apply to the Planning and Development Department, providing the information set forth in Sections 6-2-120 and 6-2-130 of the Part. The applicant shall provide to the Planning and Development Department all information and supplementary materials that the Department requests in consideration of the requested administrative approval. If an administrative approval is denied, the applicant may appeal said denial to the Board of Appeals of Walton County.

B.

Specific Administratively Approved Uses

After conducting an administrative review, the Department may approve installation of an antenna on an existing tower of any height, including a pre-existing tower and further including the placement of additional buildings or other supporting equipment used in connection with said antenna, so long as the addition of said antenna adds no more than twenty (20) feet to the height of said existing tower; provided the requirements and intent of this Ordinance are met.

A.

Information Required

Each applicant requesting a permit under this Ordinance shall provide a site plan which shall include:

1.

A scaled elevation view; and

2.

Supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, and other information deemed by the governing authority to be necessary to assess compliance with this Ordinance.

B.

Reserved

C.

Factors Considered in Granting Permits

The governing authority shall consider the following factors in determining whether to issue a permit, although the governing authority may waive, reduce, or increase the burden on the applicant of one or more of these criteria if the governing authority concludes that the goals of this Ordinance are better served thereby.

1.

Height of the proposed tower;

2.

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

3.

Nature of uses on adjacent and nearby properties;

4.

Surrounding topography;

5.

Surrounding tree coverage and foliage;

6.

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

7.

Proposed ingress and egress; and

8.

Availability of suitable existing towers, other structures, and alternative sites as discussed in this Ordinance.

9.

Any other factors, limitations, or standards listed in Sections 6-2-120 and 6-2-130 of this Part.

A.

Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove it within ninety (90) days of receipt of notice from the governing authority notifying the owner of such abandonment.

B.

If such antenna or tower is not removed within said ninety (90) days, the governing authority may, in the manner provided in O.C.G.A. §§ 41-2-8 through 41-2-17, remove such antenna or tower at the owner's expense.

C.

If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

A.

Any decisions by the Planning and Development Department or the Board of Appeals denying a request to place, construct, or modify a telecommunications facility shall be in writing and supported by substantial evidence in a written record.

A.

Any person who erects or attempts to erect a telecommunications facility covered by this Ordinance without having first obtained the necessary building permit, use by right, or variance in the manner provided in this Ordinance shall be deemed in violation of this Ordinance. Any responsible party or other persons convicted by a court of competent jurisdiction of violating any provision of this Ordinance shall be guilty of violating a duly adopted Ordinance of the County and shall be punished either by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment not to exceed sixty (60) days or both.

B.

If any structure is erected, constructed, reconstructed, altered; repaired, converted, or maintained in violation of this Ordinance or without obtaining required permits, or if any building, structure or land is used in violation of this Ordinance, the County, in addition to any other remedies, may institute proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use, or to correct or abate such violations. Each and every day such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use continues it may be deemed a separate offense.

(01-04-2022)

The purpose of this article is to regulate certain types of businesses including, but not limited to, adult entertainment establishments, to the end that the many types of criminal activities frequently engendered by such businesses and the adverse effect on property values and on the public health, safety, and welfare of the County, on its citizens and property, and on the character of its neighborhoods and development will be curtailed. This article is not intended as a de facto prohibition of legally-protected forms of expression. This article is intended to represent a balancing of competing interests: reducing criminal activity and protection of neighborhoods and development through the regulation of adult entertainment establishments while protecting the rights of adult entertainment establishments and patrons. This article is not intended to allow or license any business establishment or activity that would otherwise be unlawful.

Based on evidence concerning the adverse secondary effects of adult entertainment establishments on the community in the findings incorporated in the cases of Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); and Young v. American Mini Theatres, 426 U.S. 50 (1976); studies in other communities including, but not limited to, Austin, Texas, St. Paul, Minnesota, and Indianapolis, Indiana, which experiences are found to be relevant to the problems faced by Walton County, Georgia, the Walton County Board of Commissioners takes note of the notorious and self-evident conditions attendant to the commercial exploitation of human sexuality, which do not vary greatly among generally comparable communities within our country.

It is the finding of the Board of Commissioners of the County that public nudity (either partial or total) under certain circumstances, particularly circumstances related to the sale and consumption of alcoholic beverages in establishments offering live nude entertainment or "adult entertainment," (whether such alcoholic beverages are sold on the premises or not) begets criminal behavior and tends to create undesirable community conditions. In the same manner, establishments offering cinematographic or videographic adult entertainment have the same deleterious effects on the community.

Among the acts of criminal behavior found to be associated with the commercial combination of live nudity and alcohol, live commercial nudity in general, and cinematographic or videographic adult entertainment are disorderly conduct, prostitution, public solicitation, public indecency, drug use and drug trafficking. Among the undesirable community conditions identified in other communities with the commercial combination of live nudity and alcohol, commercial nudity in general, and cinematographic or videographic adult entertainment are depression of property values and acceleration of community blight in the surrounding neighborhood, increased allocation of and expenditure for law enforcement personnel to preserve law and order, and increased burden on the judicial system as a consequence of the criminal behavior hereinabove described. The Board of Commissioners finds it is reasonable to believe that some or all of these undesirable community conditions will result in this county as well.

Furthermore, it is the finding of the County Board of Commissioners that other forms of adult entertainment including, but not limited to, adult book stores, adult novelty shops, adult video stores, peep shows, adult theaters, and massage parlors have an adverse effect upon the quality of life in surrounding communities. The Board of Commissioners finds that the negative secondary effects of adult entertainment establishments upon the County are similar whether the adult entertainment establishment features live nude dancing or sells video tapes depicting sexual activities.

The Board of Commissioners of the County therefore finds that it is in the best interests of the health, welfare, safety and morals of the community and the preservation of its businesses, neighborhoods, and of churches, schools, residential areas, public parks and children's day care facilities to prevent or reduce the adverse impacts of adult entertainment establishments. Therefore, the Board of Commissioners of the County finds that licensing and regulations are necessary for any adult entertainment establishment. The Board finds that these regulations promote the public welfare by furthering legitimate public and governmental interests, including but not limited to, reducing criminal activity and protecting against or eliminating undesirable community conditions and further finds that such will not infringe upon the protected Constitutional rights of freedom of speech or expression. To that end, this article is hereby adopted.

(11-4-2008)

Except as specifically defined herein, all words used in this article shall be as defined in the most recent edition of the New Illustrated Book of Development Definitions (Rutgers). Words not defined herein or in the above book shall be construed to have the meaning given by common and ordinary use, and shall be interpreted within the context of the sentence and section in which they occur.

Adult Bookstore means any commercial establishment in which more than ten (10) square feet of floor space is used for the display or offer for sale of any book or publication, film, or other medium which depicts sexually explicit nudity or sexual conduct by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Adult Entertainer means any person employed by an adult entertainment establishment who exposes his or her "specified anatomical areas," as defined herein. For purposes of this section, adult entertainers include employees as well as independent contractors.

Adult Entertainment means entertainment that is characterized by an emphasis on the depiction, display or the featuring of "specified anatomical areas."

Adult Entertainment Establishment shall be defined to include the following types of business:

1.

Any commercial establishment that employs or uses any person live, in any capacity in the sale or service of beverages or food while such person is unclothed or in such attire, costume or clothing, so as to expose any portion of his or her "specified anatomical areas," as defined herein;

2.

Any commercial establishment which provides live entertainment where any person appears unclothed or in such attire, costume or clothing as to expose any portion of his or her "specified anatomical areas" as defined herein or where such performances are distinguished or characterized by an emphasis on "specified sexual activities," as defined herein;

3.

Any commercial establishment which holds, promotes, sponsors or allows any contest, promotion, special night, event or any other activity where live patrons of the establishment are encouraged or allowed to engage in any of the conduct described in subsections (1) and (2) herein;

4.

Any commercial establishment having a substantial or significant portion of its stock in trade, books, magazines or other periodicals, videotapes or movies or other reproductions, whether for sale or rent, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" as defined herein or "specified anatomical areas" as defined herein or having a segment or section comprising more than ten (10) square feet of its total floor space, devoted to the sale or display of such material or which derives more than five percent (5%) of its net sales from the sale or rental of such material;

5.

Any commercial establishment utilizing an enclosed building with a capacity of fifty (50) or more persons used for cinematographic or videographic presentation of material distinguished by or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," as defined herein, for observation by patrons therein;

6.

Any adult motion picture theater, adult motion picture arcade, adult mini-motion picture theater, adult bookstore, adult video store, adult hotel, or adult motel, as defined herein;

7.

The definition of "adult entertainment establishment" shall not include traditional or mainstream theater, which means a theater, movie theater, concert hall, museum, educational institution, or similar establishment which regularly features live or other performances or showings which are not distinguished or characterized by an emphasis on the depiction, display, or description or the featuring of specified anatomical areas or specified sexual activities in that the depiction, display, description or featuring is incidental to the primary purpose of any performance. Performances and showings are regularly featured when they comprise at least eighty percent (80%) of all annual performances or showings.

Adult Hotel or Motel means a hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Adult Mini-motion Picture Theater means an enclosed building with a capacity for less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

Adult Motion Picture Arcade means any place to which the public is permitted to be invited wherein paper currency, coin- or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

Adult Motion Picture Theater means an enclosed building with a capacity of fifty (50) or more persons, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

Adult Video Store means any establishment having a substantial or significant portion of its stock in trade, video tapes or movies or other reproductions, whether for sale or rent, which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or an establishment with a segment or section, comprising five percent (5%) of its total floor space, devoted to the sale or display of such material or which derives more than five percent (5%) of its net sales from videos which are characterized or distinguished or relating to specified sexual activities or specified anatomical areas.

Children's Day Care Facility shall be defined as a structure or portion of a structure wherein is provided care and supervision of children away from their place of residence for less than twenty-four (24) hours per day on a regular basis for compensation. For the purpose of this article the term "children's day care facility" shall include but not be limited to the terms "nursery school," "early learning center," "pre-kindergarten," "private kindergarten," "play school," or "pre-school."

Operator means the manager or other person principally in charge of an adult entertainment establishment.

Owner means any individual or entity holding more than a twenty percent (20%) interest in an adult entertainment establishment.

Park means any lands or facility owned, operated, controlled or managed by any county, city or federal government or any governmental entity in and upon which recreational activities or places are provided for the recreation and enjoyment of the general public.

Premises means the defined, closed or partitioned establishment, whether room, shop or building wherein adult entertainment is performed.

Residence means a house, apartment, mobile home, boardinghouse or rooming house, duplex or other multifamily housing for human dwelling, or any property zoned therefore.

School means state, county, city, religious organization or other schools, public or private, as teach the subjects commonly taught in the common schools of this state, and vocational schools, colleges, post-high-school learning centers, kindergartens and day care centers for persons of all ages.

Specified Anatomical Areas shall include the following:

1.

Less than completely and opaquely covered human genitals or pubic region, cleft of the buttocks, or female breast below a point immediately above the top of the areola; or

2.

Human male genitalia in a discernibly turgid state, even if completely and opaquely covered.

Specified Criminal Activity means any crime involving keeping a place of prostitution; soliciting for prostitution; prostitution; promotion of prostitution; pandering; pimping; keeping a disorderly place; dissemination of obscenity or illegal pornography; sale, distribution, or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; lewdness; sodomy; solicitation of sodomy; masturbation for hire; indecent exposure; sexual battery; rape; sex offenses; public indecency; child molestation; enticing a child for indecent purposes; indecency with a child; any offense included in the definition of a "criminal offense against a victim who is a minor" as defined in O.C.G.A. § 42-1-12; engaging in organized criminal activity relating to a sexually oriented business; illegally dealing in narcotics; any charge relating to the manufacture or sale of intoxicating liquors; or criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses or offenses involving the same elements from any jurisdiction regardless of the exact title of the offense.

Specified Sexual Activities shall be defined to mean and include any of the following:

1.

Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship and any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, picquerism, sapphism, zooerasty;

2.

Clearly depicted human genitals in a state of sexual stimulation, arousal, or tumescence;

3.

Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation;

4.

Fondling or other erotic touching of nude human genitals, pubic region, buttocks or female breast;

5.

Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

6.

Erotic or lewd touching, fondling or other sexual contact with an animal by a human being.

7.

Human excretion, urination, menstruation, or vaginal or anal irrigation.

Any adult entertainment establishment operated, conducted or maintained contrary to the provisions of this Part is hereby declared to be unlawful and a public nuisance. The county may, in addition to or in lieu of all other remedies, commence an action or proceeding for abatement, removal or enjoinment thereof, in the manner provided by law.

No adult entertainment establishment shall be conducted on any premises that do not comply with all zoning, building code, fire and other ordinances and laws of the county and the state.

A.

No adult entertainment establishment shall be located, and no adult entertainment business may be conducted, on any premises, and no license for an adult entertainment establishment may be issued, for any premises or location unless the location has been zoned M1 Light Industrial, M2 Heavy Industrial or zoned B3 General Business and a conditional use permit issued for such case under the zoning laws of the County and such establishment complies with all zoning regulations.

B.

Distance Separating Uses

A Plat by a registered surveyor or engineer must be submitted showing compliance with the following:

No adult entertainment establishment shall be located:

1.

Within a distance of one thousand (1,000) feet of any parcel of land which is either zoned A1, A2, R1, R2 and R3 or used for residential uses or purposes;

2.

Within one thousand (1,000) feet of any parcel of land on which a church, kindergarten, school, library, public park or playground, children's day care facility, prison, or any building owned or occupied by a governmental entity is located;

3.

Within one thousand (1,000) feet of any parcel of land upon which another establishment regulated or defined hereunder is located;

4.

Within one thousand (1,000) feet of any parcel of land upon which any other establishment selling alcoholic beverages is located.

For purposes of this section, distance shall be by airline measurement from property line, using the closest points on the property lines of the parcels of land involved. The term "parcel of land" means any quantity of land capable of being described by location and boundary, designated and used or to be used as a unit.

A.

It shall be unlawful for any person, association, partnership, or corporation to operate, engage in, conduct, or carry on, in or upon any premises within the unincorporated area of the County an adult entertainment establishment as defined in this Article without first procuring an annual license to do so except as provided in Section 6-3-220 B when the Department of Planning and Development fails to approve or deny an application for an adult entertainment license within thirty (30) days as required by this Article. The issuance of such an annual license shall not be deemed to authorize, condone or make legal any activity thereunder if the same is deemed illegal or unlawful under the laws of the state or the United States.

B.

No annual license for an adult entertainment establishment shall be issued by the County if the premises to be used also holds a license to sell alcoholic beverages or malt beverages and wine for consumption on the premises. Any premises licensed as an adult entertainment establishment shall not be eligible to apply at any time for a license to sell alcoholic beverages or malt beverages and wine for consumption on the premises.

C.

There shall be an annual regulatory fee for each adult entertainment establishment licensed within the County in the amount of seven hundred fifty dollars ($750.00). The annual regulatory fee must be paid to the Department of Planning and Development within ten (10) days after the Department of Planning and Development approves the initial application for an adult entertainment establishment license or a renewal thereof. In any event, no adult entertainment establishment license or renewal thereof shall be issued until the most recent annual regulatory fee has been paid.

D.

All licenses granted hereunder shall expire on December 31 of each year. Licensees who desire to renew their license shall file an application with the Department of Planning and Development on the form provided for renewal of the license for the ensuing year. Applications for renewal must be filed before November 30 of each year. Any renewal application received after November 30 shall pay, in addition to said annual regulatory fee, a late charge of twenty percent (20%). If a license renewal application is received after January 1, such application shall be treated as an initial application and the applicant shall be required to comply with all rules and regulations for the granting of licenses as if no previous license had been held. If a license application is received after January 1, investigative and administrative costs as hereinafter set forth in this article will be assessed. All licenses granted hereunder shall be for the calendar year and the full annual regulatory fee must be paid for a license renewal application filed prior to July 1 of the license year. One-half of a full annual regulatory fee shall be paid for a license renewal application filed after July 1 of the license year.

E.

Any person renewing any license issued hereunder who shall pay the annual regulatory fee, or any portion thereof, after January 1, shall, in addition to said annual regulatory fee and late charges, pay simple interest on the delinquent balance at the annual rate then charged by the Internal Revenue Service of the United States on unpaid federal income taxes.

F.

All licenses granted hereunder are nontransferable and nonassignable.

An adult entertainment establishment shall have a designated person(s) to serve as an on-premises operator. The operator(s) shall be principally in charge of the establishment and shall be located on the premises during all operating hours.

A.

Process

Any person, association, partnership or corporation desiring to obtain a license to operate, engage in, conduct, or carry on any adult entertainment establishment in the unincorporated areas of the County shall make application to the Department of Planning and Development. Such application shall be made on forms furnished by the County, shall be made in the name of the adult entertainment establishment by an applicant who is a natural person and an agent of the adult entertainment establishment and shall include the name(s) of the operator(s) as defined herein and of the owner(s) as defined herein. If the adult entertainment establishment is a corporation, then the agent for purposes of making application for a license hereunder shall be an officer of the corporation. If the adult entertainment establishment is a partnership, the agent for such purposes shall be a general partner. At the time of submitting such application, a nonrefundable fee payable in cash or by certified check in the amount of three hundred dollars ($300.00) shall be paid to the Department of Planning and Development to defray, in part, the cost of investigation and report required by this article. The Department of Planning and Development shall issue a receipt showing that such application fee has been paid. Each application must be completed in its entirety before being accepted by the Department of Planning and Development for filing and processing. The application for license does not authorize the operation of, engaging in, conduct or carrying on of any adult entertainment establishment.

B.

Contents

Each application for an adult entertainment establishment license shall contain the following information:

1.

The full true name and any other names used by the applicant, the operator(s) and owner(s);

2.

The present address and telephone number of the applicant, the operator(s) and owner(s);

3.

The previous addresses of the applicant, the operator(s) and the owner(s), if any, for a period of five (5) years immediately prior to the date of the application and the dates of residence at each;

4.

Acceptable written proof that the applicant, the operator(s) and the owner(s) are at least eighteen (18) years of age;

5.

The operator(s)' height, weight, color of eyes and hair and date and place of birth;

6.

Two (2) photographs of the operator(s) at least two (2) inches by two (2) inches taken within the last six (6) months;

7.

The business, occupation or employment history of the applicant, the operator(s) and owner(s) for the five (5) years immediately preceding the date of application;

8.

The business license history of the adult entertainment establishment seeking a license and whether such establishment, in previous operations in this or any other location under license, has had such license or permit for an adult entertainment business or similar type of business revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of revocation or suspension;

9.

If the application is made on behalf of a corporation, the name of the corporation, exactly as shown in its articles of incorporation or charter, the place and date of incorporation, and the names of its officers and shareholders. If the application is on behalf of a limited partnership, a copy of the certificate of limited partnership filed with the County Clerk shall be provided along with the names of all persons holding any managerial or ownership interest therein. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply;

10.

The names and addresses of the owner and lessor of the real property upon which the adult entertainment establishment is to be operated, engaged in, conducted or carried on and a copy of the lease or rental agreement;

11.

With respect to the applicant, the operator(s) and the owner(s), all convictions, (excluding misdemeanor traffic violations unrelated to driving under the influence of drugs or alcohol) within the past five (5) years, including a complete description of the crime or violation, the date of the crime or violation, date of conviction (including plea of guilty or nolo contendere), jurisdiction and any disposition, including any fine or sentence imposed and whether the terms of disposition have been fully completed. Each person required to disclose convictions hereunder shall also provide a signed and notarized consent, on forms prescribed by the Georgia Crime Information Center, authorizing the release of his or her criminal records to the permits unit of the County Sheriff's Office.

12.

A complete set of fingerprints of the applicant and the operator(s);

13.

If the person or business entity on whose behalf application for a license is doing business under a trade name, a copy of the trade name as properly recorded. If the application is made on behalf of a corporation, a copy of its authority to do business in the state, including articles of incorporation, trade name affidavit, if any, and last annual report, if any;

14.

At least three (3) character references for the applicant, the operator(s) and owner(s) from individuals who are in no way related to the applicant or any operator(s) or owner(s) and who are not or will not benefit financially in any way from the application if the license is granted. The county shall prepare forms consistent with the provisions of this subsection for the applicant, the operator(s) and owner(s), who shall submit all character references on such forms;

15.

The address of the premises where the adult entertainment establishment will be operated, engaged in, conducted, or carried on;

16.

A plat by a registered engineer or a registered land surveyor, licensed by the state, showing the location of the proposed premises where the adult entertainment establishment will be operated, engaged in, conducted or carried on in relation to the neighborhood, the surrounding zoning, its proximity to any residential area, church, school, public park or children's day care facility, establishment selling alcoholic beverages or malt beverages and wine or other adult entertainment establishment;

17.

Each application for an adult entertainment establishment license shall be verified and acknowledged under oath to be true and correct by:

a.

If application is made on behalf of an individual, the individual;

b.

If application is made on behalf of a partnership, by a general partner;

c.

If application is made on behalf of a corporation, by the president of the corporation;

d.

If application is made on behalf of any other organization or association, by the chief administrative official.

C.

Appearance by applicant

The applicant shall personally appear before the Director or Assistant Director of the Department of Planning and Development and produce proof that a nonrefundable application fee, in an amount established by resolution of the Board of Commissioners, has been paid and shall present the application containing the aforementioned and described information.

D.

Investigation; Standards for Granting of License

The county shall have thirty (30) days from the date of actual receipt of the application to investigate the facts provided in the application and the background of the applicant, the operator(s) and owner(s). The Director or Assistant Director of the Department of Planning and Development shall stamp the date of actual receipt of each application on the first page thereof and notify the applicant of the actual receipt of the application within five (5) business days of actual receipt of such application. The Director of the Department of Planning and Development shall approve or deny any application for an adult entertainment establishment license within thirty (30) days of actual receipt of such application. The application for an adult entertainment establishment license shall be granted if the Director of the Department of Planning and Development finds:

1.

The required three hundred dollars ($300.00) investigative fee has been paid;

2.

The application conforms in all respects to the provisions of this part;

3.

The applicant has not made a material misrepresentation in the application;

4.

Neither the applicant nor any of the operator(s) or owner(s) has been convicted or pled guilty or entered a plea of nolo contendere to any misdemeanor involving a Specified Criminal Activity within the previous two (2) years, or to any felony involving a Specified Criminal Activity within the previous five (5) years. For purposes of this article, a conviction or plea of guilty or nolo contendere shall be ignored as to any offense for which the applicant was allowed to avail himself of the Georgia First Offender Act unless the applicant is later adjudicated guilty of having violated the terms of his first offender treatment;

5.

Neither the applicant nor any of the operator(s) or owner(s) has had an adult entertainment establishment license or other similar license or permit revoked for cause by this county or any other county or municipality located in or out of this state prior to the date of application within the preceding five (5) years;

6.

The building, structure, equipment and location of the premises of the adult entertainment establishment as proposed by the applicant would comply with all applicable laws, including but not limited to health, zoning, distance, fire and safety requirements and standards;

7.

The applicant is at least eighteen (18) years of age;

8.

On the date the business for which a license is required herein commences, and thereafter, there will be an operator(s) as defined herein on the premises at all times during which the business is open;

9.

The proposed premises will be located at least the minimum distances set forth in this article from any residential use, church, kindergarten, school, library, public park or playground, children's day care facility, prison, any building owned or occupied by a governmental entity, any establishment licensed to sell alcoholic beverages or malt beverages and wine for consumption on the premises, or another adult entertainment establishment; and

10.

The grant of such license will not cause a violation of and will not be in conflict with this article or any other law, ordinance or regulation, of Walton County, the State of Georgia or the United States.

The Director of the Department of Planning and Development shall deny the application for an adult entertainment establishment license if the application fails to meet any requirement contained in the County's ordinance regulating adult entertainment establishments.

A.

Adult Entertainment Establishment Employees

1.

Qualifications

Employees of an adult entertainment establishment shall be not less than eighteen (18) years of age. No employee employed as an adult entertainer shall have been convicted of or pled guilty or entered a plea of nolo contendere to any misdemeanor involving a Specified Criminal Activity within the previous two (2) years, or to any felony involving a Specified Criminal Activity within the previous five (5) years. Any adult entertainer who is convicted of any such crimes while employed as an adult entertainer shall not thereafter work on any licensed premises for a period of five (5) years from the date of such conviction, unless a longer time is ordered by a court of competent jurisdiction. The term "licensed premises" shall mean the premises where an adult entertainment establishment for which a license is obtained pursuant to this article operates, conducts or carries on its business. The term "convicted" shall include an adjudication of guilt or a plea of guilty or nolo contendere or the forfeiture of a bond when charged with a crime in a court of competent jurisdiction.

2.

Duty to Report Convictions

Every licensee and permit holder shall notify the Director of Planning and Development in writing of the final disposition of any criminal action filed in any court of competent jurisdiction whenever that final disposition involves a Specified Criminal Activity. Such notice shall be given to the Director of Planning and Development within twenty (20) days of the conviction and shall include a copy of the indictment, accusation, and the conviction.

3.

Permit for Employment

Before any person may work as an adult entertainer on a licensed premises, as defined in subsection 1, he or she shall file a notice with the County Sheriff's Office of his or her intended employment on forms supplied by the Sheriff's Office and shall receive a permit for such employment from the County Sheriff's Office. The prospective employee shall supply a signed and notarized consent, on forms prescribed by the Georgia Crime Information Center, authorizing the release of his or her criminal records to the County Sheriff's Office. The prospective employee shall also provide a list of all of his or her convictions of offenses involving a Specified Criminal Activity (including pleas of nolo contendere) within the past two (2) years for a misdemeanor conviction, and five (5) years for a felony conviction. The county Sheriff's Office shall approve or deny the permit within fifteen (15) days of the application. If the prospective employee is found to meet the requirements of this section, and upon payment of the permit fee, the County Sheriff's Office shall issue a permit approving such employment within forty-eight (48) hours. Upon receipt of a permit, the employee may begin working on the licensed premises. If approval is denied, the County Sheriff's Office shall provide the prospective adult entertainer the reasons for the denial and the prospective employee may, within ten (10) days of said denial, appeal to the Walton County Sheriff or his or her Chief Deputy who shall uphold or reverse the decision within thirty (30) days of such appeal. Said decision shall constitute a final decision. If the Sheriff's Office does not approve or deny an application for a license within forty-five (45) days of the date such application was received by the County Sheriff's Office, then on the expiration of the 45th day: (1) the application shall be approved and the Sheriff's Office shall immediately issue the license for which application was made, and (2) the applicant shall have the right to begin operating in the manner allowed by the license for which application was made. The annual permit fee shall be twenty-five dollars ($25.00).

4.

Suspension or Revocation of Permit; Procedure

Violation by an adult entertainer of the provisions of this article and/or conviction of an offense involving a Specified Criminal Activity shall subject an adult entertainer to suspension or revocation of the permit for employment. Whenever the Director of Planning and Development finds that reasonable grounds exist to suspend or revoke a permit for employment issued hereunder, he or she shall hold a hearing to consider such action and shall notify the employee at least twenty (20) days prior to the hearing of the time and place of the hearing and the proposed action and grounds therefor. The employee shall be entitled to present evidence and cross-examine witnesses with or without legal counsel. The Director of Planning and Development shall make his or her decision within ten (10) days of the hearing and shall notify the employee promptly in writing. In the event that a permit for employment is suspended or revoked by the Director of Planning and Development, a fifty dollars ($50.00) appeal cost shall be assessed against the permit holder.

5.

Permit Must Be Accessible

All persons holding a permit for employment must keep said permit in an accessible location that allows for immediate inspection at any time while on a licensed premises.

6.

Independent Contractors

For the purpose of this article, independent contractors working as adult entertainers shall be considered as employees and shall be required to satisfy the provisions of this article relating to employees of adult entertainment establishments, regardless of the business relationship with the owner or licensee of any adult entertainment establishment.

B.

Hours of Operation

An adult entertainment establishment may be open only between the hours of 8:00 a.m. and 2:00 a.m.

C.

Display of Licenses

An adult entertainment establishment licensee shall conspicuously display the license required by this article.

D.

Performance Area

All dancing by adult entertainers at adult entertainment establishments shall occur on a platform intended for that purpose which is raised at least eighteen (18) inches from the level of the floor.

E.

Lighting

All areas of an adult entertainment establishment licensed hereunder shall be fully lighted at all times patrons are present. Full lighting shall mean illumination equal to 3.5 footcandles per square foot.

F.

Covering of Windows and Doors

All adult entertainment which is licensed and permitted by this article shall be carried on inside a closed building with all windows and doors covered so that the activities carried on inside cannot be viewed from the immediate areas surrounding the outside of the building.

A.

Admission of Minors

It shall be unlawful for any person or licensee to admit or permit the admission of minors or allow a minor to remain within premises licensed under this Part.

B.

Sales to Minors

It shall be unlawful for any person to sell, exchange, barter, trade, give, or offer to sell, exchange, barter, trade or give, to any minor any entertainment, service, material, device or thing offered, for sale or otherwise, at an adult entertainment facility.

C.

Simulated Sexual Activity

1.

No licensee shall permit any employee or patron to use artificial devices or inanimate objects to depict any of the prohibited activities described in this Section.

2.

No employee or person while on licensed premises shall expose or be permitted to dance or perform nude or semi-nude in such a manner as to simulate sexual activity with any patron, spectator, employee or other person.

D.

Advertising Without License

No person, partnership, corporation or other entity shall advertise or cause to be advertised an adult entertainment establishment without a valid adult entertainment establishment license issued pursuant to this article.

E.

Employment of Minors or Unpermitted Persons

No adult entertainment establishment licensee shall employ or contract with a person under the age of eighteen (18) years or an adult entertainer who has not obtained a permit pursuant to this article.

F.

Sale, Consumption of Alcohol

No adult entertainment establishment licensee shall serve, sell, distribute or suffer the consumption or possession of any alcoholic beverages, malt beverages or wine or controlled substance upon the premises of the licensee.

G.

Contact Between Patrons, Employees

No dancing or other performance by an adult entertainer at an adult entertainment establishment shall occur closer than four (4) feet to any patron. No patron, customer or guest shall be permitted to touch, caress or fondle any specified anatomical area of or any part of the body or clothing of any adult entertainer. No patron shall directly pay or give any gratuity to any adult entertainer. No adult entertainer shall solicit any pay or gratuity from any patron.

H.

Engaging in Specified Sexual Activities Prohibited

No adult entertainer, other employee, patron or other person at an adult entertainment establishment shall be allowed to engage in any specified sexual activity as defined herein on the premises of any adult entertainment establishment.

I.

Public Indecency Prohibited

No adult entertainer, other employee, patron or other person at an adult entertainment establishment shall, while on the premises of an adult entertainment establishment, commit the offense of public indecency as defined in O.C.G.A. § 16-6-8.

Any person violating any of the provisions of section 6-3-190 of this article shall be guilty of a misdemeanor, punishable by a fine not to exceed one thousand dollars ($1,000.00) per violation or by imprisonment for a period not to exceed sixty (60) days, or both. Each day of operation in violation of this article shall be deemed a separate offense.

A.

Cleaning of Licensed Premises

All adult entertainment establishments shall be kept in a clean, sanitary condition, and shall be in full compliance with all applicable ordinances and regulations of the county and the state.

B.

Inspection of Licensed Premises

The County Fire Marshal shall have the authority to regularly inspect adult entertainment establishments, to determine compliance with and enforce all applicable fire, health and other codes of the County.

C.

Inspection for Unsanitary or Unsafe Conditions

The County Sheriff's Office shall have the authority to periodically inspect adult entertainment establishments to determine compliance with and enforce all provisions of this article and other applicable ordinances, regulations and laws.

A.

Grounds

1.

A license may be denied to persons or entities that have submitted an incomplete application or that have failed to satisfy any of the requirements of the County's ordinance regulating adult entertainment establishments found at sections 6-3-100 through 6-3-270 of this article.

2.

Any of the following shall be grounds for suspension or revocation of a license:

a.

The making of any statement on an application for a license issued hereunder which is material and is later found to be false;

b.

Violation of any of the regulations or prohibitions of this article;

c.

With respect to the applicant, operator(s) and owner(s), conviction of or a plea of guilty or nolo contendere to a crime involving a Specified Criminal Activity.

B.

Denial; Procedure

1.

Within thirty (30) days of actual receipt of an application for an adult entertainment establishment license, the Director of Planning and Development shall either approve or deny the application. In no event shall the Director's decision whether to approve or deny the adult entertainment establishment license application be withheld for more than thirty (30) days after actual receipt of the application.

2.

In the event that such an application is held without decision for a period of more than thirty (30) days, however, the license application shall be deemed approved, and expressive conduct may begin immediately notwithstanding the fact that no license has been issued. The Director of the County's Finance Department shall issue an adult entertainment establishment license to an applicant who informs the director of finance of the fact that an application has been submitted, but no decision has been made thereon for a period of more than thirty (30) days following actual receipt of the application. Notwithstanding the fact that the license provided by this subsection shall not be a prerequisite to the commencement of business operations contemplated by the application, the director of the county's finance department shall issue an adult entertainment establishment license under such circumstances within three (3) business days of actual receipt of written notice by the applicant of such circumstances.

3.

In the event that the Director of Planning and Development denies an application for an adult entertainment establishment license, notice of such denial shall be delivered to the applicant in person or by certified mail within five business days of such denial. Said decision shall constitute a final decision.

4.

Any person aggrieved by any decision of the county, its officials, employees, agents, or the Walton County Sheriff pursuant to this article, may seek review of such decision by filing an appropriate pleading in the Superior Court of the County or any other court of competent jurisdiction, as provided by law.

C.

Suspension or Revocation; Procedure

Whenever the Director of Planning and Development finds reasonable grounds exist to suspend or revoke a license issued hereunder, he or she shall schedule a hearing to consider such suspension or revocation and shall, at least twenty (20) days prior to the hearing, notify the licensee of the time and date of the hearing and the proposed action and the grounds therefor. The licensee shall be entitled to present evidence and cross-examine any witnesses at the hearing, with or without legal counsel. The Director of Planning and Development shall make his or her decision within ten (10) days of the hearing and shall notify the licensee in writing within five (5) business days of the decision. Said decision shall constitute a final decision.

Nothing contained in this article shall be deemed to permit or condone any activity whatsoever which is otherwise found to be obscene, lewd or illegal under applicable code, regulation or statute which provides any prohibition upon nudity or sexual activity. Further the activities and uses which are regulated and permitted by this article shall only be allowed if they are not obscene or lewd and not in violation of any other such prohibitions on nudity or sexual activity.

If any portion or subsection of this article or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the remainder or application to other persons or circumstances shall not be affected.

Any holder of any license hereunder who shall for a period of three (3) consecutive months after the license has been issued cease to operate the business and sale of the product or products authorized shall after the said three-month period automatically forfeit the license without the necessity of any further action.

All resolutions or ordinances, or parts thereof, in conflict with this article are hereby repealed.

Any adult entertainment establishment having available for customers, patrons or members any booth, room, or cubicle for the private viewing of any adult entertainment must comply with the following requirements:

A.

Access

Each booth, room or cubicle shall be totally accessible to and from aisles and public areas of the establishment, and shall be unobstructed by any curtain, door, lock, or other control-type or view-obstructing devices or materials.

B.

Construction

Every booth, room or cubicle shall meet the following construction requirements:

1.

Each booth, room or cubicle shall be separated from adjacent booths, rooms and cubicles and any nonpublic areas by a wall.

2.

Have at least one (1) side totally open to a public lighted aisle so that there is an unobstructed view at all times of anyone occupying same.

3.

All walls shall be solid and without openings, extended from the floor to a height of not less than six (6) feet and be light colored, nonabsorbent, smooth-textured and easily cleanable.

4.

The floor must be light colored, nonabsorbent, smooth-textured and easily cleaned.

5.

The lighting level of each booth, room or cubicle when not in use shall be a minimum of ten (10) candles at all times, as measured from the floor.

C.

Occupants

Only one (1) individual shall occupy a booth, room or cubicle at any time. No occupant of same shall engage in any type of sexual activity, cause any bodily discharge or litter while in the booth, room or cubicle. No individual shall damage or deface any portion of the booth, room or cubicle.