APPENDIX A
ZONING*
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Editor's note: Included herein is the county's zoning ordinance of December 14, 1993 amended and replaced in its entirety by a resolution adopted January 7, 2002. The ordinance and all its appendices have been set out as adopted. Capitalization and numbers have been changed only as they apply to a uniformity of style.
Cross references: Ordinances related to zoning not affected by Code, § 1-11(7); buildings, construction and related activities, ch. 5; mobile homes, ch. 9; roads, streets and sidewalks, ch. 13; subdivisions, ch. 15; county definitions ordinance, app. B.
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Article I. Introduction
1-1 Preamble.
1-2 Short Title.
1-3 Purpose.
1-4 Rules of Construction of This Ordinance.
Article II. Definitions
2-1 Use of Definitions.
2-2 Definitions.
Article III. District Uses and Regulations
3-1 Establishment of Districts.
3-2 Zoning District Map.
3-3 District Boundaries.
3-4 Permitted Uses.
3-5 Amendments to Zoning Map.
3-6 Amendments to Zoning Districts Other Than Requested District.
3-7 Approval Procedures.
3-8 Requirements for the Manufactured Home Park (MHP) Zoning District.
3-9 Additional Requirements for Specific Uses.
3-10 Additional Requirements for PUD District.
Article IV. General Provisions
4-1 Interpretation of This Ordinance.
4-2 Scope of Regulations.
4-3 Building Permits.
4-4 Access to Lots or Parcels.
4-5 Lots of Record.
4-6 Density.
4-7 Yard Requirements.
4-8 Height Restrictions.
4-9 Setback Requirements– Front, Side, and Rear.
4-10 Off-Street Parking.
4-11 Townhouses and Condominiums.
4-12 Requirements for Swimming Pools.
4-13 Maximum Occupancy of Dwellings.
4-14 Health, Safety, and Aesthetics Standards.
Article V. Special Use (or Conditional Use) Permits
5-1 Purpose and Intent.
5-2 Special Use Permit Approval Procedure.
5-3 Special Use Permits May Expire.
5-4 Special Use Permit Applies to Property, Not Person.
5-5 Special Use Permit Standards.
Article VI. Towers and Antennae
6-1 Purposes.
6-2 Definitions.
6-3 Review Process.
6-4 Required Special Use Review.
6-5 General Requirements.
6-6 Buffering Tower Sites.
6-7 Visual Impact.
6-8 Shared Use/Co-Location.
6-9 Application Procedures.
6-10 Abandoned Towers.
6-11 Appeals/Variances.
Article VII. Sign Regulations
7-1 Standards and Purposes.
7-2 Definitions.
7-3 General Provisions.
7-4 Permitted Signs.
7-5 Removal of Abandoned and Illegal Signs; Enforcement.
Article VIII. Home Occupations
8-1 Purpose and Intent of Article.
8-2 Performance Criteria.
8-3 Standards.
8-4 No Permit Required; Enforcement.
Article IX. Buffers
9-1 Buffer Requirement.
9-2 Passive Use.
9-3 More Intense Use Must Provide Buffer.
9-4 Parcels Adjacent to the City of Dalton.
9-5 General Buffer Design.
9-6 Specific Buffer Design– Twelve-Foot and Thirty-Foot Buffers.
9-7 Maintenance.
9-8 Variances.
Article X. Administration, Enforcement, and Penalties
10-1 Nonconforming Use or Structure.
10-2 Administration by Whitfield County Engineer's Office.
10-3 Fees.
10-4 Permit.
10-5 Enforcement.
10-6 Owner, Occupant, or Tenant May be Cited.
10-7 Continuing Violation.
10-8 Penalties for Violation.
10-9 Remedies– Injunctive Relief.
10-10 Same– Effect of Noncompliance; Notice and Hearing Before Board of Commissioners.
10-11 Conflict with Other Laws.
10-12 Separability.
10-13 Repeal of Conflicting Ordinances.
Article XI. Board of Zoning Appeals
11-1 Creation of the Board of Zoning Appeals.
11-2 By-Laws and Procedures.
Appendix A Permit, Application and Other Fees
Appendix B Record of Amendments to December 14, 1993, Zoning Ordinance
Appendix C Rules for County Health Department
Appendix D By-Laws of County Board of Zoning Appeals
Appendix E Zoning Procedures and Standards Ordinance
1-1 Preamble and Enactment Clause.
1-2 Short Title.
1-3 Definitions.
1-4 Adoption of the Zoning Ordinance and Zoning Map.
1-5 Procedures for Amendments to the Zoning Ordinance Text and/or Zoning Map and Application for a Special Use.
1-6 Public Notice of Proposed Amendments to the Zoning Ordinance and/or Zoning Map and/or Application for a Special Use.
1-8 Conduct and Procedures of Public Hearings Held Before the Whitfield County Board of Commissioners and the Dalton-Whitfield County Planning Commission.
1-9 Special Use Standards.
1-10 Zoning Standards.
1-11 Official Action by the Whitfield County Board of Commissioners.
ARTICLE I. 1-1 Preamble.
An ordinance of Whitfield County, Georgia, regulating the location, height, bulk, and size of buildings and other structures; the density of population; the uses of land, building and structures for business, industry, agriculture, conservation, recreation, residence, public activities and other purposes; defining certain terms used herein; creating districts for said purposes and establishing the boundaries thereof; providing for a method of administration, amendment and enforcement and for the imposition of penalties for violation; and repealing conflicting resolutions; and other matters.
(Res. of 1-7-02)
1-2 Short Title.
This ordinance shall be known as, referred to as and cited as the "Zoning Ordinance of Whitfield County, Georgia."
(Res. of 1-7-02)
1-3 Purpose.
The purpose of this ordinance is to establish minimum standards for the use of land and improvements thereon within the unincorporated area of Whitfield County, Georgia. This ordinance shall serve as a tool to promote health, safety, morals, convenience, order, prosperity or the general welfare of the present and future residents of Whitfield County; to lessen congestion in the roads; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population, to provide adequate transportation, water, sewerage, parks and open spaces and other public requirements; to protect properties against blight and depreciation; to encourage the most appropriate use of land, building and other structures throughout the county; to protect and conserve irreplaceable natural resources; to secure economy in government expenditures; to minimize visual blight and enhance scenic characteristics and for other purposes, all in accordance with the Joint Comprehensive Plan of Whitfield County. The Whitfield County Board of Commissioners do hereby ordain and enact into law the following articles, sections and maps of the Whitfield County Zoning Ordinance.
(Res. of 1-7-02)
1-4 Rules of Construction of This Ordinance.
In the construction of this ordinance, the rules contained in this article shall be observed and applied, except when the context clearly indicates otherwise:
1-4-1 Words used in the present tense include the future tense.
1-4-2 Words used in the singular number include the plural number and words used in the plural include the singular.
1-4-3 The word "shall" is mandatory and not discretionary.
1-4-4 The word "may" is permissive.
1-4-5 The word "structure" includes the word "building."
1-4-6 The word "erected" includes the word "constructed", "moved", "located" or "relocated."
1-4-7 The word "lot" includes the word "plot" or "parcel."
1-4-8 The word "map" or "zoning map" means the Zoning Map of Whitfield County, Georgia.
1-4-9 The word "person" includes the words "individual", "firms", "partnerships", "corporations", "associations", "governmental bodies" and all other legal entities.
1-4-10 The word "used" or "occupied" include the words "arranged or designed here to be used or occupied" here.
1-4-11 The masculine gender includes the feminine and neuter.
1-4-12 All measured quantities shall be to the nearest integral unit of measure, and if a fraction is one-half or greater, the next highest integral unit shall be used, except when computing density, in which case next lowest whole unit shall be used.
1-4-13 Where requirements are set based upon number of days, days are computed based on the calendar, except that when the final date falls on a weekend or holiday, the day due shall continue until the next regular working day.
(Res. of 1-7-02)
ARTICLE II. 2-1 Use of Definitions.
For purposes of this ordinance, certain words, terms, or phrases are defined herein below. These definitions and all other provisions of this ordinance are subject to the rules of interpretation as provided hereinabove. Any word or term not herein defined shall be as defined elsewhere in this ordinance or, if not defined elsewhere in this ordinance, as defined in the most recent edition of Webster's New Collegiate Dictionary, the said definition to be read in context with the purposes and provisions of part of the ordinance it is being used to define. The following is not intended to be an exhaustive listing of all words or phrases used within this ordinance. Several sections hereinafter contain definitions of words or phrases which relate particularly to the subject matter of such section.
(Res. of 1-7-02)
2-2 Definitions.
Accessory structure. A structure detached from a principal building or structure upon the same lot or parcel and customarily incidental and subordinate to the principal building or use. Accessory structures include, but are not limited to, satellite dishes, open sheds and shelters that contain 200 square feet or less, or water or storage tanks for either liquid, semi-liquid, or gaseous substances, of 1,000 gallons or more. A building permit shall not be required for accessory structures.
Accessory use. A use of land or of a structure, or portion thereof, customarily incidental to and subordinate to the principal use of the land or structure and located or utilized upon the same lot or parcel as the principal use.
Assisted living home. Synonymous with personal care home.
Bed and breakfast home. A dwelling, not a hotel, which while retaining its residential appearance and character, offers nightly lodging and a morning meal for a combined fee to persons who are unrelated to the resident owner or resident tenant of the dwelling. Such accommodations shall be provided to no greater than six persons on any given night and shall be provided to no person for more than five consecutive nights.
Bed and breakfast inn. A dwelling, not a hotel, which while retaining its residential appearance and character, offers nightly lodging and a morning meal for a combined fee to persons who are unrelated to the resident owner or resident tenant of the dwelling. Such accommodations shall be provided to no greater than 18 persons on any given night and shall be provided to no person for more than five consecutive nights.
Board of commissioners. The Whitfield County Board of Commissioners.
Board of zoning appeals. The board authorized to hear and decide appeals relating to the enforcement of the Whitfield County Zoning Ordinance.
Buffer. A portion of lot set aside for open space and/or screening purposes, to shield or to block noise, light, glare, or visual or other nuisances; to block physical passage to dangerous areas, or to reduce air pollution, dust, dirt, and litter. A buffer may contain a barrier, such as a berm, wall or fence, where such additional screening is necessary to achieve the desired level of protection between various activities.
Buffer, natural. A natural buffer is an enhanced vegetated area with no or limited minor land disturbances, such as trail or picnic areas.
Building. Any structure attached to the ground which has a roof and which is designed for the shelter, housing or enclosure of persons, animals or property of any kind.
Building height. The vertical distance measured from the finished grade of a project measured from the middle of the front of the building to the highest point of roof surface of a flat roof; the deck line of a mansard floor; and to the mean height level between eaves and ridges of a gable, hipped, or gambrel roof.
Camp, private. A lot or parcel which may include multiple structures owned and/or operated for fraternal, social, educational, recreational, cultural, or religious enrichment and which may or may not be a for-profit operation. Such facilities may provide overnight camping, cabin, or lodging facilities when such accommodations are directly related to and utilized in connection with the overall purpose of the camp. A private camp shall not include for-profit campgrounds or motor lodges.
Cemetery. A place for the burial of the dead, including a mausoleum and a columbarium.
Columbarium. A vault with niches for urns containing the ashes of cremated bodies.
Condominium. A form of ownership of less than the whole of a building or system of buildings under a statute which provides the mechanics and facilities for normal filing and recording of divided interests in real property, whether the division is vertical or horizontal.
Convenience center. A site where one or more containers are located for temporary storage of solid waste and/or recyclable materials brought to the site by persons transporting only their own household solid waste and/or recyclable materials in non-commercial vehicles bearing general registration plates.
Convenience store. Any retail establishment offering for sale prepackaged food products, household items, and other goods commonly associated with the same.
Crosswalk. A right-of-way within a block dedicated to public use, intended primarily for pedestrian use designed to provide access to adjacent roads and lots.
Cul-de-sac. A road having one end open to traffic and the other end terminated in a minimum right-of-way and paved turnaround with a minimum outside diameter of 80 feet.
Day care facility. There are four separate subcategories of day care facilities recognized by this ordinance:
Adult day care center. An establishment regulated by the State of Georgia Department of Human Resources and operated by any person, firm, partnership, proprietorship, company, or corporation which, for a fee, supervises and/or cares for persons 18 years of age or older who, because of some mental or physical impairment which limits either the person's major life activities or has a record of impairing such activities, remain at such establishment for not more than 16 hours per day.
Day care center. An establishment regulated by the State of Georgia Department of Human Resources and operated by any person, firm, partnership, proprietorship, company, or corporation which, for a fee, supervises and/or cares for not less than 19 children under 18 years of age who remain at such establishment for not more than 16 hours per day.
Family day care home. A private residence operated by a resident thereof who, for a fee, supervises and/or cares for not less than three and not more than six children under 18 years of age who are (a) not related to such person; (b) whose parents or guardians are not residents thereof; and (c) and who remain at such establishment for not more than 16 hours per day.
Group day care home. An establishment regulated by the State of Georgia Department of Human Resources and operated by any person, firm, partnership, proprietorship, company, or corporation which, for a fee, supervises and/or cares for not less than seven and not more than 18 children under 18 years of age who remain at such establishment for not more than 16 hours per day.
Debris. All sand, gravel, slag, brickbats, rubbish, waste material, metal cans, refuse, garbage, trash, litter, dead animals or discarded materials of every kind and description, including loose or scattered handbills, newspapers, posters and other such items which may be carried by the wind or water.
Density. The number of dwelling units per acre of land. Gross density refers to the number of units per acre to the total land to be developed. Net density refers to the number of units per acre of land devoted to residential use.
District. A section or sections of Whitfield County for which the zoning regulations governing the use of buildings and premises are uniform.
Dwelling. A building which is designed or used exclusively for residential purposes, including single-family, and multifamily residential buildings.
Dwelling, multifamily. A building in single ownership containing two or more dwelling units, including what is commonly known as apartment buildings, duplexes, triplexes and fourplexes, rooming and boarding houses, fraternities, sororities, dormitories, townhouses and condominiums.
Dwelling, one-family. A detached building containing one dwelling unit only.
Dwelling, two-family. A single structure situated upon a single lot or parcel that contains two separate and distinct dwelling units, each of which is completely separated from the other by an un-pierced wall, extending from ground to roof, or an un-pierced ceiling/floor, extending from exterior wall to exterior wall, except possibly for a common stairwell exterior to each unit.
Dwelling unit. One or more rooms located within a building and forming a single habitable unit with individual permanent bathroom and kitchen facilities and is used or intended to be used for living, sleeping, cooking, and eating purposes.
Dwelling, zero lot line. A type of single-family detached residence in which one interior side yard may be lawfully reduced to zero on any lot within an approved development for the purpose of creating larger, more useable, and more easily maintained yard spaces, particularly on smaller lots.
Easement. The right of a person, governmental agency, or public utility company to use public or private land owned by another for a specific purpose.
Farming. The business of cultivating land, or employing it for the purposes of husbandry the cultivation and fertilization of the soil as well as caring and harvesting the crops.
Fence. An artificially constructed barrier of any materials or combination of material erected to enclose or to screen areas of lands. A privacy fence is one which is solid and is otherwise designed to limit visibility.
Floodplain. Any land area susceptible to being inundated by water from any source.
Frontage. The side of a lot abutting upon a road.
Garage, private. An accessory building designed or used for the storage of motor-driven vehicles owned and used by the occupants of the buildings to which it is accessory.
Garage, general service. A building or portion thereof, other than a private storage or parking garage, designed or used for equipping, servicing, repairing, hiring, selling or storing of motor-driven vehicles, but not including the storage of wrecked or junked vehicles.
Garage, yard or carport sales. Any sale of used household goods, clothes, or other items of personal property conducted at or near a residential dwelling by the owner or occupant of said dwelling who is not a merchant with respect to the goods sold.
Gross floor area. The sum of the areas of one or more floors of a structure, including all areas for human occupancy, as measured from the exterior faces of the walls, but excluding unenclosed porches, interior parking spaces, or any space where the floor to ceiling height is less than six feet, six inches.
Group home. A residence composed of nonrelated individuals with one or more surrogate parents that function as a singular housekeeping unit. All group homes shall be approved and licensed by the State of Georgia Department of Human Resources.
Habitable floor area. The total floor area of all habitable rooms within a dwelling unit. No portion of any room which is less than seven feet in width shall be included in determining habitable floor area.
Habitable room. Any room within a dwelling unit other than kitchens, bathrooms, toilet rooms, laundry rooms, mud rooms, pantries, dressing rooms, storage spaces, closets, foyers, hallways, utility rooms, garages, car ports, boiler rooms, heater rooms, recreation rooms, interior rooms not provided with natural light and ventilation, and special purpose rooms shared by more than one dwelling unit.
Health department. The State Department of Human Resources and/or the Whitfield County Health Department and/or the Whitfield County Board of Health.
Holiday tree and produce farm. A lot or parcel whereby pumpkins, corn, gourds, and the like, evergreen trees, and/or greenery for use as holiday decoration are grown or produced.
Holiday tree lot, temporary. A lot or parcel whereby retail sales of holiday trees, wreaths, garlands, and related accessories are conducted seasonally during the months of November and/or December only.
Home occupation. An occupation, profession, business activity, or use which is clearly customary, incidental, and subordinate to the use of a residential dwelling unit and which is carried on wholly within such dwelling unit by a member of the family who resides upon the premises. General farming and gardening activities are not considered home occupations. See article VIII.
Hotel. A building offering overnight sleeping accommodations for travelers; ingress and egress to and from all rooms are made through an inside lobby or office supervised by a person in charge at all hours. Such use has 80 percent of the rooms occupied by a different registered guest every five days, provides patrons with daily maid service and a telephone switchboard service to receive incoming/outgoing messages, and shall comply with the applicable requirements of the health department and O.C.G.A. § 31-28-1 et seq., and may provide additional services such as restaurants, retail gift shops, meeting rooms, swimming pools, and exercise facilities.
Impervious surface. A manmade structure or surface which prevents the infiltration of stormwater into the ground below the structure or surface. Examples are buildings, roads, driveways, parking lots, decks, swimming pools, or patios.
Industrialized home. Any structure or component thereof which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation on a building site and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to, or destruction thereof.
Inert waste landfill. A disposal site accepting only wastes which will not or are not likely to cause production of leachate of environmental concern. Such wastes are limited to dirt, concrete, rock, bricks, yard trimmings, stumps, limbs, and leaves. This definition excludes industrial and demolition wastes.
Junk vehicles. Any automobile, vehicle, or part thereof which is in an inoperative condition, by reason of its having been wrecked, dismantled, partially dismantled, abandoned, or discarded, and which does not have a valid license plate and current year tag attached thereto. For purposes of this ordinance, a vehicle is "inoperative" if it is incapable of movement by its own power. This definition shall not apply to any vehicle in a carport, shed, or other accessory structure.
Junk yard. A property used for indoor or outdoor storage, keeping or abandonment, whether or not for sale or resale, of junk including scrap metal, rags, paper or other scrap materials, used lumber, household appliances or furniture, salvaged house wrecking and structural steel materials and equipment or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.
Kennel. Any premises at which three or more dogs, cats, or other domestic or nondomestic animals, four months old or older, are kept either permanently or temporarily for the purpose of sale, care, breeding, or training, and for which a fee is incurred by the owner of such animal(s).
Livestock. The term "livestock" as used herein shall mean and include cattle, horses, goats, sheep, swine, poultry, ducks, geese, and other fowl; and rabbits, minks, foxes and other fur or hide-bearing animals customarily bred or raised in captivity for the harvesting of their skins; whether owned or kept for pleasure, utility or sale.
Lot. A developed or undeveloped tract of land in one ownership legally transferable as a single unit of land. Synonymous with parcel.
Lot area. The net area of any lot shall be the area bounded by the lot lines, the right-of-way line of any road adjoining the lot, and the centerline of the right-of-way of any private access road adjoining the lot.
Lot area requirement. For the purpose of determining the lot area per dwelling unit, the total lot area shall be measured with the exclusion of land in the public or private road's right-of-way and land dedicated for park or school purposes or common purposes.
Lot, corner. A lot or parcel of land abutting upon two or more roads at their intersection and having two front setbacks and two side lines.
Lot depth. The mean horizontal distance between the front and rear lot lines measured within the lot boundaries.
Lot, double corner. A corner lot which has frontage on three or more roads.
Lot line. A line of record that bounds a lot and divides one lot from another lot or from a public or private road or any other public space.
Lot line, rear. The lot line opposite and most distant from the front lot line or in the case of triangular or otherwise irregularly shaped lots, a line ten feet minimum in length entirely within the lot, parallel to and at a maximum distance from the front lot line.
Lot line, side. Any lot line other than a front or rear lot line.
Lot, through. A lot which fronts upon two parallel roads, or which fronts upon two roads which do not intersect at the boundaries of the lot.
Lot width. The distance between the side lot lines measured at right angles to the lot depth at the established front building line.
Lot width, curvilinear road. For a lot or parcel having frontage upon a curvilinear road, the lot width shall be the distance between the side lines of the lot or parcel where the minimum lot width is obtained, measured parallel to the chord formed by the two outermost points of intersection of such lot or parcel with the road right-of-way line. The lot width line is synonymous with the setback line in this circumstance.
Manufactured home. A structure, transportable in one or more sections, which, in the traveling mode, is eight body-feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical system contained therein which unit was built after June 15, 1976 with HUD approval.
Manufactured home park. A parcel of land which has been planned and improved for the placement of three or more manufactured homes for nontransient use. Synonymous with mobile home park.
Mausoleum. A building where bodies are interred above ground in stacked vaults.
Mobile home. A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein and manufactured prior to June 15, 1976.
Modular home. See: Industrialized home.
Motel. A permanent building or group of permanent buildings in which overnight sleeping accommodations are provided for travelers and having a parking space near or adjacent to the entrance of the room. Such use has 80 percent of the rooms occupied by a different registered guest every five days, provides patrons with daily maid service, 24-hour desk/counter clerk service, and a telephone switchboard service to receive incoming/outgoing messages, and shall comply with the applicable requirements of the health department and O.C.G.A. § 31-28-1 et seq., and may provide additional services such as restaurants, retail gift shops, meeting rooms, swimming pools, and exercise facilities.
Motor lodge. Synonymous with motel.
Nuisance. An interference with the enjoyment and use of real property.
Nursing home. An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness, or infirmity, are unable to care for themselves.
Open space. (Synonymous with "greenspace", as defined at O.C.G.A. § 36-22-3(3)). Permanently protected land and water, including agriculture and forestry land, that is in its undeveloped, natural state or that has been developed only to the extent consistent with, or is restored to be consistent with, one or more of the following goals:
(a) Water quality protection for rivers, streams, and lakes;
(b) Flood protection;
(c) Wetlands protection;
(d) Reduction of erosion through protection of steep slopes, areas with erodible soils, and stream banks;
(e) Protection of riparian buffers and other areas that serve as natural habitat and corridors for native plant and animal species;
(f) Scenic protection;
(g) Protection of archaeological and historic resources;
(h) Provision of recreation in the form of boating, hiking, camping, fishing, hunting, running, jogging, biking, walking, and similar outdoor activities; and
(i) Connection of existing or planned areas contributing to the goals set out in O.C.G.A. § 36-22 et seq.
Parking lot. An off-street, ground level area, usually surfaced and improved for the temporary storage of motor vehicles.
Personal care home. An intermediate care facility licensed or approved to provide full-time assistance as necessary, including, but not limited to rooms, meals, and attention to personal needs, to non-family ambulatory individuals who, by reason of advanced age or infirmity, are unable to care completely for themselves, but who remain largely self sufficient. Synonymous with assisted living home. For purposes of this article, personal care homes are sub-classified, as follows:
Congregate personal care home. A home for adults which offers care to 16 or more persons.
Group personal care home. A home for adults in a residential setting, non-institutional in character, which offers care to seven to 15 persons.
Family personal care home. A home for adults in a family type residence, non-institutional in character, which offers care to two to six persons.
Planning commission. The Dalton-Whitfield County Planning Commission.
Premises. A lot, parcel, tract or plot of land together with all buildings and structures existing thereon.
Principal use. The primary and/or predominant reason for which a lot or parcel is occupied and/or used.
Putrescible wastes. Wastes that are capable of being quickly decomposed by microorganisms. Examples of putrescible wastes includes, but are not necessarily limited to, kitchen wastes, animal manure, offal, hatchery and poultry processing plant wastes, and garbage.
Recycling center. A non-governmental facility in which recoverable resources, such as paper, glass, plastics, and metal cans are stored, flattened, crushed or bundled by hand or machines. Vehicles, internal combustion engines, vehicle parts, tires, and the like shall not be considered recoverable resources within the meaning of recycling center for the purposes of this article.
Recycling collection station. An incidental use which serves as a neighborhood drop off point for temporary storage of recoverable resources. No processing of such items shall be allowed. Such facility would generally be located in a commercial parking lot, or at other public/quasi-public areas, such as churches or schools.
Right-of-way. A strip of land occupied or intended to be occupied by a road, crosswalk, railroad, electric transmission line, gas pipeline, water main, sanitary or storm sewer main, shade trees, or other special use.
Rooming house/boarding house. A dwelling, not a hotel, where for a fee and by prearrangement for definite periods of time, either meals or meals and lodging are provided for three or more persons, who are unrelated to the residents of the dwelling.
Screening. A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms or densely planted vegetation.
Service buildings. A building, housing facilities such as recreational, maintenance, laundry, and office structures necessary to the successful development and management of a manufactured home park.
Setback line. That line that is the required minimum distance from the road right-of-way line or any other lot line that establishes the area within which the principal structure(s) and accessory structure(s) must be erected or placed.
Sewage management system, central on-site. An on-site sewage management system serving more than one building, business, residence or other facility designed or used for human occupancy or congregation.
Sewage management system, on-site. A sewage management system other than a public or community sewage treatment system, whether serving single or multiple buildings, mobile homes or manufactured homes, recreational vehicles, residences or other facilities designed or used for human occupancy or congregation. Included are conventional septic tank systems, chamber septic tank systems privies, experimental and alternative on-site sewage management systems that may be approved by the health department.
Sewage treatment system, public or community. Any sewage treatment system, including pipe lines or conduits, pumping stations, force mains and all other construction, devices, and appliances appurtenant thereto, designed for treating or conducting sewage for treatment and disposal into lakes, streams, or other bodies of surface water.
Shopping center. A group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements.
Solid waste. Putrescible and nonputrescible wastes, except water-carried body waste, but shall include garbage, rubbish, ashes, road refuse, dead animals, sewage sludge, animal manures, industrial wastes, abandoned automobiles, dredging wastes, construction wastes, hazardous wastes and other waste material in a solid or semi-solid state not otherwise defined in these regulations.
Solid waste handling facility. Any facility, the primary purpose of which is the storage, collection, transportation, treatment, utilization, processing, or disposal, or any combination thereof, of solid waste. This term encompasses the terms solid waste landfill, inert waste landfill and transfer station.
Solid waste landfill. A disposal site where putrescible wastes are disposed of using solid waste land filling techniques.
Solid waste landfilling. An engineered method of disposing of putrescible wastes on land by spreading them in thin layers, compacting them to the smallest practical volume, placing an earthen cover thereon, and such other measures as are necessary to protect human health and the environment.
Specialty food stores. A retail store specializing in a specific type or class of foods such as an appetizer store, bakery, butcher, delicatessen, fish, gourmet and similar foods.
Structure. Anything constructed or erected with a fixed location on or in the ground, or attached to something having a fixed location on the ground. Structures include, but are not limited to the following: site built buildings, industrialized buildings, manufactured homes, mobile homes, billboards, swimming pools, advertising signs, fall-out shelters, stadiums, reviewing stands, platforms, stagings, observation towers, radio and television towers, trestles, and open sheds, garages, carports, and shelters over 144 square feet.
Swimming pool. A body of water in an artificial or semi-artificial receptacle or other container intended for swimming, which has a minimum depth of 18 inches of water.
Townhouse. A type of dwelling unit that is one or more stories in height which has outside, individual, front and rear entrances, is separated from other dwelling units by common party walls that are four-hour fire-rated masonry construction extending from the foundation through the roof line for a minimum of three feet, occupies its own lot and is part of a contiguous group of at least three such townhouses. Each group of dwelling units shall be staggered at least three feet or the firewall shall extend front and rear for a distance of three feet. The fire wall separating single story units and units of two or more stories must extend only to the roof decking of the two-story unit.
Transfer station. A facility used to transfer solid waste from one transportation vehicle to another for transportation to a solid waste handling facility.
Whitfield County Engineer. The person employed by Whitfield County, who is a registered Professional Engineer in the State of Georgia, and who is given such title by the Whitfield County Board of Commissioners.
Yard. An open space upon a lot situated between the principal building or use upon the lot and a lot line and unoccupied by any structure, except as otherwise provided herein.
Zoning. The power of Whitfield County to provide within its territorial boundaries for the zoning of property for various uses and the prohibition of other or different uses within such zones or districts and for the regulation or development and the improvement of real estate within such zones or districts in accordance with the uses of property for which said zones or districts were established.
(Res. of 1-7-02; Ord. of 2-23-04, § 1; Ord. of 9-13-04, § 1; Res. of 1-9-07, § 1; Ord. of 8-13-07, § 1)
ARTICLE III. 3-1 Establishment of Districts.
For purposes of this ordinance, Whitfield County is hereby divided into the following zoning districts:
;ol1;
3-1-1 General agriculture (GA). This district is established to protect and to preserve agricultural and forest resources and associated rural characteristics by allowing only low density residential uses, farming, animal husbandry, forestry, saw milling, and other similar uses upon lots or parcels not less than three acres. No more than two single family detached dwelling units per lot or parcel shall be allowed in this district. Exceptions to the three acre minimum lot or parcel size are further defined in the Whitfield County Subdivision Regulations.
3-1-2\Estate residential (R-1). This district is established to preserve open space and typically rural environments by encouraging larger than average lot formats of at least one acre or more for low density single-family detached dwellings in excess of 1,500 square feet heated space. All dwellings in this district shall be upon a permanent foundation and shall have the electrical meter base serving such dwelling attached directly to such dwelling. The dwellings located in this district shall maintain not less than a four to 12 roof pitch, exclusive of porches, dormers, and accessory structures, in order to maintain the traditional residential character of such districts. Only one single-family dwelling unit per lot shall be allowed in this district.
3-1-3 Single-family residential (R-2). This district is established to protect single-family detached dwellings, including typical residential subdivision development. All dwellings in this district shall be upon a permanent foundation and shall have the electrical meter base serving such dwelling attached directly to such dwelling. The dwellings located in this district shall maintain not less than a four to 12 roof pitch, exclusive of porches, dormers, and accessory structures, in order to maintain the traditional residential character of such districts. The lots in this zoning district shall conform at least with the minimum standards for lot sizes as promulgated by the health department or other authority having proper jurisdiction over such minimum lot sizes, as amended from time to time. Only one dwelling unit per lot shall be allowed in this district.
3-1-4 Rural residential (R-3). This district is established to protect single-family detached dwellings, including typical residential subdivision development of all varieties of housing stock, and duplexes. Manufactured housing in this district shall remove all wheels and the tongue (or hitch,) so as to maintain the residential character of the district. The lots in this zoning district shall conform at least with the minimum standards for lot sizes as promulgated by the health department or other authority having proper jurisdiction over such minimum lot sizes, as amended from time to time. Only one principal structure, containing two dwelling units or less, per lot shall be allowed in this district.
3-1-5 Small lot residential (R-4). This district is established for single-family detached dwellings, configured either conventionally or upon "zero lot lines," which may be located upon lots at a density of up to ten dwellings per acre, exclusive of right-of-ways or other restrictive easements. All dwellings in this district shall be upon a permanent foundation and shall have the electrical meter base serving such dwelling attached directly to such dwelling. Any such lots must be served by public water and Dalton Utilities public sewer. Such districts encourage the creation of compatible open spaces for enjoyment by several surrounding dwellings. The dwellings located in this district shall maintain not less than a four to 12 roof pitch, exclusive of porches, dormers, and accessory structures, in order to maintain the residential character of such districts. Only one dwelling unit per lot shall be allowed in this district.
3-1-6 Transitional residential (R-5). This district is established as a transition residential district of either medium or high density which may accommodate dwellings such as single-family detached dwellings, individual manufactured homes, duplexes, triplexes, or fourplexes only. No more than one principal structure per lot shall be allowed in this district.
3-1-7 Multifamily/condominium residential (R-6). This district is established as a medium to high density residential district allowing in excess of four dwelling units per lot. All dwellings in this district shall be upon a permanent foundation and shall have the electrical meter base serving such dwelling attached directly to such dwelling. Multiple structures per lot shall be permitted in this district. Because of the increased density allowed in this district, any such lots must be served by public water and Dalton Utilities public sewer.
3-1-8 Manufactured home park (MHP). This district is established to accommodate developed manufactured home parks and related facilities in a safe and healthy residential environment consistent with existing land use and density patterns.
3-1-9 Neighborhood commercial (C-1). This district is established to provide for limited retail activities and personal/professional services designed to serve the convenience needs of nearby neighborhoods. The size of the buildings and parking allowed in this district are limited to create minimal negative impact upon nearby neighborhoods. This district allows uses which will result in a minimum of traffic from outside the surrounding neighborhoods.
;hg1;3-1-10 General commercial (C-2). This district is established to provide for and to encourage appropriate development along collector and arterial thoroughfares which includes a variety of retail sales and services, and other commercial activities which will both accommodate the needs of county residents and those of the traveling public.
;hg1;3-1-11 Carpet outlet commercial (C-2C). This district is established to accommodate particular areas of Whitfield County in close proximity to Interstate I-75 in which large retail warehouse or outlet-type commercial operations have become established in clusters, primarily for the retail sale of floor covering and other household-related products to the traveling public. This district also allows facilities serving both the traveling public and employees of such commercial operations.
;hg1;3-1-12 Light manufacturing (M-1). This district is established to act as a transition between heavy industrial uses and other commercial or residential uses by providing for industrial activities which are more limited in scope, size, or negative impacts upon surrounding properties. Permitted uses in this district will create a minimum of environmental pollution in the form of traffic, noise, odors, smoke, fumes, glare, or heat.
;hg1;3-1-13 Heavy manufacturing (M-2). This district is established to provide suitable areas for general industrial, carpet manufacturing, distribution, or warehousing activities and/or other intensive activities of industrial nature which may generate external traffic and may include allowable moderate amounts of environmental pollution in the form of traffic, noise, odors, smoke, fumes, glare, or heat.
;hg1;3-1-14 Planned unit development (PUD.) This district is established to permit greater flexibility and more imaginative design for the development of compatible, multi-use residential and neighborhood commercial land uses on a scale larger than not less than 15 acres. The PUD district is intended to promote an orderly and harmonious variety of housing options, along with higher levels of amenities and preservation of open space. To be considered for the PUD district, a full and complete application for rezoning shall include a preliminary site plan as required by section 3-7-1, herein. Establishing a PUD district requires the implementation and adherence to the approved site plan as required by: 1) these regulations; 2) any other applicable regulations; or 3) any conditions resulting from the review process. Once submitted, if there are any material alterations to the site plan, the altered site plan shall be resubmitted.
See 3-10, herein, for additional requirements for this district.
(Res. of 1-7-02; Mo. of 5-20-02; Res. of 6-9-03; Ord. of 2-23-04, § 2; Mo. of 5-20-04; Ord. of 7-10-06)
3-2 Zoning District Map.
The boundaries of the various zoning districts are shown upon that map designated as "The Official Zoning Map of Whitfield County, Georgia," which is sometimes referred to as "the zoning map." The zoning map and all notations, references and other information shown thereon are a part of this ordinance and have the same force and effect as if the zoning map and all the notations, references, and other information shown thereon were fully set forth and described herein, which zoning map is properly attested and is on file with the Whitfield County Clerk and with the Whitfield County Zoning Administrator and is available for public inspection during normal business hours.
(Res. of 1-7-02)
3-3 District Boundaries.
All roads, alleys, and railroad right-of-ways, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such alleys, roads and railroad right-of-way. Where the center line of a road, alley or railroad right-of-way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such center line. In all other cases, the district boundary lines shall be determined by use of the scale appearing on the Zoning District Map. Wherever any uncertainty exists as to the boundary line of any use district as shown on the zoning map incorporated herein, the following rules shall apply:
;hg1;3-3-1 Where district boundary lines are indicated as approximately following lot lines, such lot lines shall be construed to be such boundaries.
;hg1;3-3-2 Where a lot held in one ownership contains more than one actual principal use, such actual uses may be delineated and assigned zone designations consistent with such uses within the parcel. The existence of principal uses and the area assigned to such uses shall be based upon objective physical evidence of separate actual uses of the parcel present at the site at which it occurs. Any disputes regarding actual principal uses shall be resolved pursuant to the procedures set forth in the Zoning Procedures and Standards Ordinance of Whitfield County [Appendix E] for the rezoning of property.
(Res. of 1-7-02)
3-4 Permitted Uses.
No principal structure, accessory structure, or land use shall be permitted except in the zoning districts indicated and for the purposes or uses as set forth upon the permitted use tables set forth hereinafter.
(Res. of 1-7-02)
3-5 Amendments to Zoning Map.
Amendments to the zoning map for individual lots or parcels or "rezonings" may be sought in accordance with the Whitfield County Zoning Procedures and Standards Ordinance [Appendix E]. All requested changes shall be made upon forms provided by the Whitfield County Engineer and all applicants shall provide such information as reasonably requested by the Whitfield County Engineer for the consideration of such application. Applications shall be accepted at the office of the Whitfield County Engineer during normal business hours only.
(Res. of 1-7-02)
3-6 Amendments to Zoning Districts Other Than Requested District.
Once a lot or parcel is sought to be rezoned in any lawful manner from one zoning district classification to another, the Whitfield County Board of Commissioners may rezone such lot or parcel and thereby amend such lot or parcel's designation upon the zoning map to any zoning district which allows the same or similar uses or less intense uses requested by the applicant, including any district which may or may not have been requested by the applicant.
(Res. of 1-7-02)
3-7 Approval Procedures.
3-7-1 Preliminary site plan. For all parcels which require rezoning to R-4, R-5, R-6, MHP, C-1, C-2, C-2-C, M-1, M-2, or PUD for a proposed use or which require a special use permit for a proposed use, a preliminary site plan, as described herein, shall be submitted with such application unless specifically waived, in whole or in part, by the Whitfield County Engineer. Such application shall remain incomplete without such required information. The board of commissioners may hereafter conditionally approve such request based upon information set forth in such site plan. Each preliminary site plan shall include the following information:
(a) Preliminary name of the proposed development; name(s), address(es), and telephone number of the owner(s) and the designer(s) of the site plan.
(b) Date, north arrow, and graphic scale.
(c) Survey boundaries. Surveyed boundaries of the entire tract and their relationship to adjoining properties, public rights-of-way, and easements.
(d) Location map. A general location map at a scale of one inch equals two thousand feet indicating existing zoning on or adjacent to the site, adjoining roads and the adjacent areas are required.
(e) Sewage management systems, on-site (septic systems); sewage treatment system, public or community (central sewage treatment plant). Written statement from the environmental health department indicating the optimum number of units the property will accommodate based on a soils report by a soils scientist and an on-site inspection by a county environmental specialist. If public sewer is available, written approval shall be provided from Dalton Utilities for the number of desired sewer taps.
(f) Septic system absorption field and replacement area and building locations. Approximate location of the septic fields, all proposed buildings, their shape, size, and setback in appropriate scale.
(g) Rights-of-way. Location and right-of-way of streets, roads, alleys, railroads, public crosswalks, with lengths and widths, road names, or designations.
(h) Buffers and vegetation. Existing and proposed vegetation and the use of vegetation to provide buffers and landscaping for the proposed development.
(i) Environmentally sensitive areas. Location of major river corridors, water supply watersheds, groundwater recharge areas, wetlands, the boundary and elevation of the 100-year floodplain as determined by the past history of flooding or the best available data.
(j) Proposed improvements. The names, where appropriate, and locations and dimensions of proposed roads, alleys, sidewalks, easements, buildings, parking and loading, dumpsters, recreation areas and facilities, yards and other open spaces.
3-7-2 Final site plan. All other parcels zoned R-4, R-5, R-6, MHP, C-1, C-2, C-2-C, M-1, M-2, or PUD which are already zoned for the use intended or for which a special use permit has been approved shall submit a final site plan for approval by the Whitfield County Engineer prior to the issuance of a building permit, unless specifically not required in whole or in part by the Whitfield County Engineer. Each final site plan shall include the following information:
(a) Preliminary name of the proposed development. Name(s), address(es), and telephone number of the owner(s) and the designer(s) of the site plan.
(b) Date, north arrow, and graphic scale.
(c) Survey boundaries. Surveyed boundaries of the entire tract and their relationship to adjoining properties, public rights-of-way, and easements.
(d) Location map. A general location map at a scale of one inch equals two thousand feet indicating existing zoning on or adjacent to the site, adjoining roads and the adjacent areas are required.
(e) Sewage management systems, on-site (septic systems); sewage treatment system, public or community (central sewage treatment plant). Written statement from the health department indicating the optimum number of units the property will accommodate based on a soils report by a soils scientist and an on-site inspection by a county environmental specialist. If public sewer is available, written approval shall be provided from Dalton Utilities for the number of desired sewer taps.
(f) Building locations. Final location of all proposed buildings, their shape, size, and setback in appropriate scale.
(g) Rights-of-way. Location and right-of-way of streets, roads, alleys, railroads, public crosswalks, with lengths and widths, road names, or designations.
(h) Buffers and vegetation. Existing and proposed vegetation and the use of vegetation to provide buffers and landscaping for the proposed development.
(i) Environmentally sensitive areas. Location of major river corridors, water supply watersheds, groundwater recharge areas, wetlands, the boundary and elevation of the 100-year floodplain as determined by the past history of flooding or the best available data.
(j) Proposed improvements. The names, where appropriate, and locations and dimensions of proposed roads, alleys, sidewalks, easements, buildings, parking and loading, dumpsters, recreation areas and facilities, yards and other open spaces.
(k) Proposed protective covenants. A preliminary outline of proposed protective covenants, including provisions for the organization and financing of a homeowners' association where appropriate.
(l) Soil erosion and sedimentation control. Where applicable, the site development plan shall provide information on soil erosion and sedimentation measures according to the technical standards provided by the Whitfield County Soil Erosion and Sedimentation Control Ordinance.
(m) Development report. If the proposed development has more than one phase, a report setting forth the proposed development schedule, indicating the sequences of the development, and the approximate time period for completion of each phase shall be required. Statistical or technical data as necessary to accurately describe the proposed development including, but not limited to, the following shall be included in the development report:
(1) Total land area.
(2) Total number of dwelling units and gross density by type of land use.
(3) Amount of space to be occupied by roads and parking areas.
(4) Amount of any submerged land within the project boundary.
(5) The total ground coverage and floor area of all buildings.
(6) A breakdown of the number of kinds of proposed buildings, including square footage, and number and range of lot sizes and proposed setback and yard dimensions for typical lots and/or building types.
(7) Deed record names of adjoining property owners or subdivisions.
(8) The plat shall be drawn to a scale of not less than one inch equals one 100 feet.
(9) Topography by contours at vertical intervals of not more than five feet for subdivisions of more than 20 lots unless necessary for determining road or sanitary sewerage system design.
(Res. of 1-7-02; Mo. of 5-20-02; Ord. of 2-23-04, §§ 4; Mo. of 4-12-04; Ord. of 7-10-06)
3-8 Requirements for the Manufactured Home Park (MHP) Zoning District.
3-8-1 Application for permission to develop or to maintain. It shall be unlawful for any person to develop or to maintain a manufactured home park except within the manufactured home park (MHP) zoning district and in accordance with the following:
(a) No park shall be permitted with less than five spaces;
(b) Each manufactured home space shall contain a minimum lot area and minimum lot width as set forth in section 3-4-15 of the Whitfield County Subdivision Regulations.
(c) There shall be at least a 20-foot side yard and a 20-foot clearance between manufactured/mobile homes, including manufactured homes parked end to end.
(d) No manufactured home shall be located closer than 20 feet to any structure or road within the park or within 25 feet of any exterior public road, or within 25 feet of any boundary line of the park.
(e) All manufactured home parks shall contain a road system designed to provide convenient circulation within the park, and shall have unobstructed access to any adjacent public road. The following requirements shall apply to the development of a park's road system:
(1) All park roads shall be provided with a smooth, graveled all-weather surface having a minimum width of 22 feet which shall be durable and well drained under normal weather conditions.
(2) All park roads shall be maintained in a state of good repair at all times by the park owner.
(3) Road base and surface construction materials shall be as required by the Whitfield County Road Design and Specifications Ordinance and must be fully constructed before the first manufactured home building permit shall be issued.
3-8-2 No permanent addition of any kind shall be built onto or become a part of any manufactured home with the exception of awnings and/or porches as long as yard requirements are met unless such conditions comply with building code requirements in effect in the county.
3-8-3 Each manufactured home park space within the MHP zoning district shall contain a permanent manufactured home stand constructed of a suitable subgrade material to support the manufactured home. The chassis of each manufactured home shall be supported upon an adequate masonry foundation. Such masonry foundation shall meet the minimum requirements of the county building code.
3-8-4 Each manufactured home space within the MHP zoning district shall be given a lot number and accordingly marked to be visible from the road providing access thereto.
3-8-5 Sanitation facilities of manufactured homes. No manufactured home which does not contain a built-in bathroom with water closet, lavatory and shower or tub which are in working condition shall be placed in a planned manufactured home park.
3-8-6 Water, sewage, and electricity. Each manufactured home space shall be provided with, and each manufactured home connected to, a central sanitary sewerage or on-site sewage management system which is approved by the health department. The availability and adequacy of public water shall be confirmed by Dalton Utilities and/or any other agency having jurisdiction. If individual wells are used, then construction standards shall meet the requirements of the Georgia DNR, Environmental Protection Division. Electrical outlets or hookups shall be provided as specified by electrical code requirements in effect in the county.
3-8-7 Lighting. All interior drives and walkways within the MHP zoning district shall be lighted at night with at least 100 watt (high pressure sodium) or equivalent electric lamps. The first lamp shall be placed not more than 100 feet within the park and each lamp thereafter shall be spaced at an interval of not more than 200 feet, using side lot lines when possible.
3-8-8 Refuse collection facilities. Each manufactured home park shall provide a sanitary method of solid waste collection and disposal. Collection facilities shall either be in the form of bulk containers (dumpsters) of sufficient size and adequately distributed throughout the park to meet the needs of the park residents, or at least two individual covered refuse containers having a capacity of 30 gallons or more for each occupied manufactured/mobile home space. If individual containers are utilized, stands must be provided to hold the refuse containers upright. Collection service shall be provided at least once weekly and conveyed to the nearest approved sanitary landfill.
3-8-9 Service buildings. Service buildings such as shelters, restrooms, management offices and storage facilities are permitted in each manufactured home park and are subject to the following requirements:
(1) Such buildings and their parking areas shall not occupy more than ten percent of the gross land area of the park;
(2) All service buildings shall be required to conform to the county building, plumbing and electrical codes adopted by the county.
3-8-10 All spaces, roads, utilities, and other required improvements necessary to serve a manufactured home park shall be completely constructed before the first manufactured home permit will be issued.
3-8-11 With the exception of service buildings as set forth in section 3-8-9, no structures other than manufactured homes shall be allowed in the MHP zoning district.
(Res. of 1-7-02; Mo. of 4-21-03; Ord. of 9-13-04, § 2)
3-9 Additional Requirements for Specific Uses.
3-9-1 All fuel pumps, canopies over fuel pumps (whether attached or detached,) and underground storage tanks shall be at least 15 feet from any road right-of-way.
3-9-2 Junk yards or salvage yards.
(a) Such use shall not be located closer than 25 feet to any adjacent boundary line or right-of-way.
(b) Such use shall be enclosed with a sight impermeable fence or earthen berms not less than eight feet high.
3-9-3 Flea markets, farmers' markets, produce stands, and similar facilities are permitted in the C-2, general commercial district, provided that:
(a) Permanent sanitary facilities are required and shall be approved by the health department or applicable authority.
(b) No overnight camping on the property is permitted.
(c) Such use shall be located upon a major or minor collector road only.
3-9-4 Amusement parks are permitted in the general commercial (C-2) zone district, and motor vehicle race tracks are permitted in the general agricultural (GA) and general commercial (C-2) districts, provided that:
(a) Any such development which is located closer than 1,000 feet from any residential property lines shall operate only vehicles with adequate muffler devices, unless the affected property owner(s) waive this provision, in writing. This requirement shall apply to all such operations whether currently in existence or to be built in the future.
(b) No structures or racetracks shall be located within 100 feet of any property line.
3-9-5 Adult entertainment establishments, as defined by the Whitfield County Adult Entertainment Ordinance, shall be allowed only in the C-2, general commercial district.
3-9-6 Animal husbandry, including dairies, livestock raising, poultry and egg operations, fish hatcheries, and/or riding stables and academies are permitted within the general agriculture (GA) district, or the R-1, R-2 or R-3 residential districts, provided that no structures for housing said animals shall be located closer than 25 feet from any property line and the minimum required lot area for the above uses shall be five acres.
3-9-7 Raising and keeping livestock for personal pleasure shall be permitted upon a lot or parcel in the GA, R-1, R-2, and R-3 residential zoning districts, provided that there is a minimum of two acres, with no more than four total animals per two acres, and all structures used for housing and feeding the animals shall be located at least 25 feet from any lot line.
3-9-8 Additional requirements for towers and antennae are set forth in article VI, hereinafter.
3-9-9 All day care facilities, as defined hereinabove, are permitted as an accessory use in a church or place for religious worship, schools, commercial or manufacturing facilities, provided that such uses shall conform to all federal, state, and local day care requirements and shall comply with all health regulations.
3-9-10 Convenience stores in the neighborhood commercial (C-1) district shall have a gross floor area of less than 5,000 square feet and shall comply with the following if fuel service is available:
(a) Convenience stores, with fuel pump services located in the C-1 district, are limited to four pump islands with no more than three pumps per island each as an accessory use to the convenience store.
(b) Canopies are not required, but if installed at convenience stores with fuel pumps, such canopies shall have a minimum height clearance of 14 feet.
3-9-11 All such uses in the neighborhood commercial (C-1) district, shall have a gross floor area of less than 5,000 square feet, including outdoor storage and accessory structures.
3-9-12 Laundry services, including dry cleaning pick-up and delivery stations, are permitted in the neighborhood commercial (C-1) district, provided that the total floor area shall not exceed 4,000 square feet.
3-9-13 Business and professional offices are permitted outright in commercial (C-1, C-2) and manufacturing (M-1, M-2) districts. Development of such uses in the neighborhood commercial (C-1) district shall be only as follows:
(a) Only one building shall occupy each lot or parcel.
(b) Not more than two stores per building is permitted.
3-9-14 Except for the commercial (C-1, C-2) and manufacturing (M-1, M-2) districts, recreational facilities within a public park shall meet the following requirements:
(a) Lighting shall be established in such a way that no direct light is cast upon adjacent properties or roadway.
(b) All lighted recreational facilities shall be a least 50 feet from any property boundary line.
(c) If public sewer is not available, public parks shall install an on-site sewage/management system approved by the health department.
3-9-15 Restaurants and/or cafeterias in the neighborhood commercial (C-1) district, shall have a seating capacity of no more than 50 patrons.
3-9-16 All planned commercial developments, including shopping centers, regional shopping malls, and retail outlet malls, shall meet the following requirements:
(a) If adjoining parcels are interconnected to each other through access easements, such easements shall have a minimum width of 20 feet.
(b) Community shopping centers, regional shopping malls, and retail outlets malls shall be permitted only in the C-1 and C-2 commercial districts.
(c) Neighborhood shopping centers shall contain only the uses that are permitted in the neighborhood commercial (C-1) district, and the maximum size of the developed lot shall not exceed three acres.
3-9-17 Cemeteries, not including governmentally-owned cemeteries, fraternal cemeteries, church or synagogue cemeteries, or family burial plots, are allowed in the GA, R-1, R-2, and C-2 districts and shall have minimum site areas of 25 acres and shall also comply with the Georgia Cemetery Act of 1983, as amended. Churches and synagogues, and fraternal organizations may operate cemeteries as an accessory use, wherever the principle use is allowed, but only if a minimum site area of two acres is available for the cemetery. A minimum site area is not required for a columbarium that is an accessory use. In all zone districts, family burial plots shall only be allowed as a accessory use to a residential dwelling on parcels or tracts containing five acres or more.
3-9-18 Garage, yard or carport sales shall be permitted at or near a residential dwelling in the GA, R-1, R-2, R-3, R-4, R-5, R-6, and MHP zoning districts provided that:
(a) No sale shall be allowed to continue for more than one continuous 72-hour period.
(b) No sale shall be allowed at the same location sooner than three months from the previous sale.
3-9-19 Detached structures which are constructed concurrent with, or subsequent to, the principal structure, including but not limited to open sheds, garages, carports, and shelters are permitted upon a parcel less than two acres in area and zoned for or used for single-family residential purposes only if the detached structure shall not exceed 1,000 square feet of gross floor area and shall not exceed 12 feet in height at the eave level for a single story or 18 feet in height at the eave level for two stories.
3-9-20 Only during the seasonal holiday months of October, November, and December, shall holiday tree farms which are located within the general agriculture (GA) zone district be allowed to conduct retail sales of pumpkins, corn, gourds, hay bales, Christmas or other holiday trees, garlands, or wreaths which are grown, cut, or produced thereon. Such holiday tree farms may also conduct retail sales of other similar seasonal decorative items, such as tree stands or tree ornaments, or may provide hay rides or other similar activities for its customers during such months only.
3-9-21 Temporary holiday tree lots shall be allowed to conduct retail sales only during the seasonal holiday months of November and December.
3-9-22 Neither a bed and breakfast home nor a bed and breakfast inn may serve any meals to the general public, except for breakfast to its overnight guests only, unless such establishment is located within a C-1 or C-2 commercial zone district and such use as a restaurant or cafe otherwise qualifies as a permissible use thereunder. Additionally, regardless of the zone district in which such establishment shall be located, there shall be off road parking available for at least one vehicle per available room and at least one vehicle per employee.
3-9-23 It is the intent of this article to act concurrently with the Dalton - Whitfield Regional Solid Waste Management Authority Solid Waste Management Plan to protect the health, safety, and welfare of the citizens and natural resources of Whitfield County. As such, in addition to the requirements contained herein, any new, not yet operational, or expansion of any solid waste handling facility shall be consistent with the Dalton Whitfield Regional Solid Waste Management Authority Solid Waste Management Plan.
(a) Solid waste landfills are permitted as a special use in the general agriculture (GA) district. Siting of a solid waste landfill shall meet all the criteria provided under the rules of the Georgia Department of Natural Resources, Environmental Protection Division, Solid Waste Management Regulations.
(b) Inert waste landfills are permitted as a special use in the general agriculture (GA) district.
(c) Solid waste transfer stations are permitted as a special use in the GA, M-1, and M-2 districts provided that:
(1) All transfer stations shall be located adjacent to a collector or arterial road.
(2) Such facility shall have a minimum buffer of 25 feet and comply with the screening standards set forth hereinafter.
(3) No portion of a new transfer station shall be located within a two-mile radius of the property lines of an existing transfer station or solid waste handling facility.
(4) The hours of operation shall be limited to not more than 6:00 a.m. to 6:00 p.m., Monday through Saturday.
(5) Transfer stations shall be sited and operated in accordance with State Regulations 391-3-4.06 Permit By Rule For Collection, Transportation, Processing, And Disposal; Official Code of Georgia Annotated 12-8-20 Georgia Comprehensive Solid Waste Management Act; and the Dalton Whitfield Regional Solid Waste Management Authority Solid Waste Management Plan.
(d) Hazardous waste processing and handling facilities are permitted as a special use in the M-1 and M-2 districts provided that such facilities shall conform to all local, state, and federal regulations for hazardous waste management.
3-9-24 Recycling centers with processing facilities and recycling collection stations shall comply with the following regulations:
(a) All operations and collections shall be set back at least 25 feet from each property line and shall comply with the screening standards set forth hereinafter.
(b) The owner or operator of the station shall inspect the site at regular time periods to assure that no litter accumulates and that containers are emptied as often as necessary.
3-9-25 RV parks and campgrounds are permitted in the GA and C-2 districts provided that:
(a) Public or private water is supplied;
(b) If public sewer is not available, such developments shall provide an approved dump station or private sewer disposal;
(c) Occupancy shall be for a period of not more than 14 days.
3-9-26 The R-4 district permits single-family detached dwellings to develop at a maximum density of ten dwelling units per acre. All such developments are required to be reviewed subject to the presentation of a site plan, subdivision regulations, when applicable, and a rezoning application, as set forth hereinabove. A minimum site area of two acres is required. The minimum separation distance between all detached dwellings in the R-4 district, side to side, is ten feet. The front setback shall be a minimum of 20 feet and the rear setback shall be a minimum of ten feet. Zero-lot line dwellings shall be constructed against the lot line on one side of a lot or parcel, and no windows, doors, or other openings shall be constructed on that side. For the solid wall positioned upon the property line, a maintenance easement of not less than five feet shall be designated on the adjacent lot; and the final subdivision plat for all zero-lot line developments shall show and provide for such maintenance easements.
3-9-27 Private camps shall be located upon a lot or parcel with a minimum total area of eight acres. All regulations of the Whitfield County Health Department regarding on-site sewage management systems shall be fully applicable. Such camp shall be served by public water rather than by individual water supply. Where such camps adjoin residentially used lots or parcels or residentially zoned lots or parcels, a minimum 30-foot buffer, as set forth in article IX, shall be placed along any such borders and adjacent to any public or private road.
3-9-28 RV parks and campgrounds are permitted in the GA and C-2 districts provided that:
(a) Public or private water is supplied;
(b) If public sewer is not available, such developments shall provide an approved dump station or private sewer disposal;
(c) Occupancy shall be for a period of not more than 14 days.
3-9-29 The R-4 district permits single-family detached dwellings to develop at a maximum density of ten dwelling units per acre. All such developments are required to be reviewed subject to the presentation of a site plan, subdivision regulations, when applicable, and a rezoning application, as set forth hereinabove. A minimum site area of two acres is required. The minimum separation distance between all detached dwellings in the R-3 district, side to side, is ten feet. The front setback shall be a minimum of 20 feet and the rear setback shall be a minimum of ten feet. Zero-lot line dwellings shall be constructed against the lot line on one side of a lot or parcel, and no windows, doors, or other openings shall be constructed on that side. For the solid wall positioned upon the property line, a maintenance easement of not less than five feet shall be designated on the adjacent lot; and the final subdivision plat for all zero-lot line developments shall show and provide for such maintenance easements.
3-9-30 Private camps shall be located upon a lot or parcel with a minimum total area of eight acres. All regulations of the Whitfield County Health Department regarding on-site sewage management systems shall be fully applicable. Such camp shall be served by public water rather than by individual water supply. Where such camps adjoin residentially used lots or parcels or residentially zoned lots or parcels, a minimum 30-foot buffer, as set forth in article IX, shall be placed along any such borders and adjacent to any public or private road.
(Res. of 1-7-02; Ord. of 7-10-06; Res. of 1-9-07; Ord. of 8-13-07)
3-10 Additional Requirements for PUD District.
3-10-1 No PUD shall be permitted upon less than 15 total contiguous acres. For the purpose of this section, lands bisected by streets, railroads, creeks, or gas/electricity/utility easements can be considered contiguous.
3-10-2 The maximum density per gross acre within the PUD district shall not exceed eight dwelling units per acre.
3-10-3 No manufactured home nor mobile home shall be permitted within the PUD district.
3-10-4 Not less than 20 percent of the total acreage or three acres, whichever is greater, shall be set aside as open space within any PUD district.
3-10-5 No lot or parcel within the PUD district may be served by an on-site sewage management system, but shall be served by a public community sewage treatment system.
3-10-6 If a PUD is proposed to be developed in phases, not less than 80 percent of all lots and/or parcels within the first phase must be sold prior to the issuance of any permit for phase II, and so on.
3-10-7 In addition to the requirements set forth in sections 3-7-1 and 3-7-2, any proposed PUD shall provide for the creation of a homeowners association, which shall provide for mandatory membership by all owners of a lot or parcel within the PUD, ownership of all common areas, and a perpetual maintenance responsibility for all such common areas.
3-10-8 Any minimum lot area and yard requirements may be waived upon the approval of the site plan.
3-10-9 All single-family detached dwellings shall be limited to one principal building per lot.
3-10-10 Approval of a PUD site plan does not exempt the PUD from any applicable subdivision regulations.
3-10-11 The only signs that shall be permitted in PUDs are ground signs, window signs, and wall signs, as defined in section 7-2.
3-10-12 All approvals for development under PUD site plans shall lapse 12 months after the site plan is approved, unless development on the site plan has begun.
3-10-13 Before a developer other than the developer who submitted the site plan begins work on the PUD, he or she must submit a new site plan for approval under his or her own name.
(Ord. of 2-23-04, § 3; Ord. of 8-13-07, §§ 3,4)
ARTICLE IV. 4-1 Interpretation of this Ordinance.
4-1-1 In their interpretation and application, the provisions of this ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare, including those purposes, intents, objectives or similar language as set forth throughout this ordinance.
4-1-2 Where the conditions imposed by any provision of this article upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this ordinance or of any other law, ordinance, resolution, rule, or regulation, the regulations which are more restrictive (or which impose higher standards or requirements) shall govern.
(Res. of 1-7-02)
4-2 Scope of Regulations.
All structures erected hereafter, all uses of land or buildings established hereafter, all structural alteration or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to the provisions of this article which are applicable to the zoning districts in which such structures, uses, or lot or parcel shall be located.
(Res. of 1-7-02)
4-3 Building Permits.
Building permits shall be required for all structures erected, converted, enlarged, restructured, moved, or structurally altered, as set forth more fully in the Whitfield County Building Ordinance [chapter 5, article I of this Code of Ordinances].
(Res. of 1-7-02)
4-4 Access to Lots or Parcels.
4-4-1 Lot access to roads. Every principal structure or building erected hereafter shall be upon a lot or parcel having not less than 50 feet of frontage upon either a public road or upon a private road, which meets the same standards and requirements of a public road but whose ownership remains with the developer or a property owners association, either of which shall meet the requirements of the Whitfield County Subdivision Regulations and the Whitfield County Road Design Ordinance. Lots within the R-4 residential district shall have not less than 40 feet of frontage upon either a public road or upon a private road, which meets the same standards and requirements of a public road but whose ownership remains with the developer or a property owners association, either of which shall meet the requirements of the Whitfield County Subdivision Regulations and the Whitfield County Road Design and Specifications Ordinance.
4-4-2 Acknowledgment of responsibility for maintenance of private road. When a building permit is requested for a lot which fronts upon a private road described in section 4-4-1 above, such permit shall contain a signed statement that the property owner acknowledges the private access to his property and that Whitfield County will not accept or maintain such access until it meets all the requirement of public roads as described in the Whitfield County Subdivision Regulations.
4-4-3 Driveway access upon corner lot. On any lots having frontage with more than one road at any intersection, driveway access shall not be located within 25 feet of the intersection of any right-of-way lines.
(Res. of 1-7-02; Res. of 5-20-02)
4-5 Lots of Record.
Any lot of record lawfully established and recorded as of December 14, 1993, the size of which does not meet current minimum lot size requirements of this ordinance, may be utilized as a nonconforming lot, as set forth hereinafter, for zoning purposes, provided that such lot meets current set back requirements. however, lots of record shall remain subject to current health department requirements concerning the placement of on-site sewage management systems thereon.
(Res. of 1-7-02; Ord. of 9-13-04, § 3)
4-6 Density.
No building or structure shall hereafter be erected, constructed, reconstructed or altered in any way which accomplishes any of the following:
4-6-1 Houses a greater number of dwelling units per acre or occupies a smaller lot area per dwelling unit than are herein permitted;
4-6-2 Has a narrower or smaller front, rear, or side yards than are herein permitted;
(Res. of 1-7-02)
4-7 Yard Requirements.
No part of a yard or the off-street parking or loading spaces which are required in connection with any structure or use shall be included as part of the yard or off-street parking or loading spaces required for another structure, except as specifically provided herein. where a line has been established by an official action or the proper authority for the future widening or opening of a road or major thoroughfare upon which a lot abuts, the depth of a front yard shall be measured from such official line to the nearest line of the structure.
4-7-1 For purposes of the side yard regulations, a group of businesses or commercial buildings separated by common or party walls shall be considered as one structure or building occupying one lot.
4-7-2 The minimum width of side yards for schools, libraries, churches, community houses and other public and semi-public buildings in residential districts shall be ten feet.
(Res. of 1-7-02)
4-8 Height Restrictions.
No building or structure shall exceed a total height of 75 feet. No floor of a structure shall exceed 35 feet in height, except for the following: belfries, chimneys, church spires, conveyors, cooling towers, elevator bulkheads, fire towers, flag poles, ornamental towers and spires, public monuments, radio and television towers, silos, smoke stacks, stage towers or scenery lofts, tanks, water towers, extruding and other mechanical equipment and stands, and towers as set forth hereinafter.
(Res. of 1-7-02)
4-9 Setback Requirements– Front, Side, and Rear.
A front setback of 25 feet shall apply to all structures and accessory structures on the side of lots abutting any and all streets or roads. Side and rear setbacks of ten feet shall apply to all structures and accessory structures on all lots. Temporary parking for operational vehicles is allowed in all required setback areas.
(Res. of 1-7-02)
4-10 Off-Street Parking.
Off-street automobile parking and storage space shall be provided as set forth herein upon every lot or parcel upon which are located any of the permitted uses set forth herein. Each automobile parking space shall be not less than nine feet wide and 18 feet long. All off-street parking shall be so arranged that vehicles will not be required to back on to a public or private road when exiting the premises. In addition, the following specific requirements shall apply:
4-10-1 Residential parking of vehicle in excess of 11,000 pounds. No vehicle with gross weight in excess of 11,000 pounds or which has three or more axles shall be allowed to park as a permissible accessory use in any of the following zoning districts: GA, R-1, R-2, R-3, R-4, R-5, R-6, and/or MHP unless the lot or parcel in question is larger than two acres in total area. The parking of school buses by persons regularly employed as school bus drivers by any governmental unit or by any school district and the parking of recreational vehicles (also known as "campers" or "RVs") by the titled owner thereof at the owner's residence are specifically exempted from this section.
4-10-2 Off-street parking requirements of various zoning districts and/or various uses.
(a) All residential uses, both single-family and multifamily, [including residential uses within the general agriculture (GA) zoning district] shall provide at least two parking spaces per dwelling unit.
(b) All commercial uses, C-1 and C-2, [except those within a shopping center] shall provide at least one parking space per 300 square feet of gross floor area, except that business, medical, or professional offices located within such zoning districts, banks, convenience stores, and grocery stores shall provide at least one parking space per 200 square feet of gross floor area.
(c) All manufacturing uses, M-1 and M-2, shall provide at least one parking space per each employee per shift or one parking space per 200 square feet of gross floor area devoted to sales and/or office use, whichever is greater.
(d) All manufactured home parks shall provide at least two parking spaces per manufactured home space.
(e) Group homes and/or nursing homes shall provide at least one parking space per four beds available at such facility.
(f) Required parking spaces at shopping center:
(1) Gross floor area of 25,000 to 100,000 square feet: Four spaces per 1,000 square feet of total, plus three spaces per 100 seats in a movie theater, plus ten spaces per 1,000 square feet of food service area.
(2) Gross floor area of 100,001 to 200,000 square feet: Four spaces per 1,000 square feet of total, plus three spaces per 100 seats above the initial 450 in a movie theater, plus six spaces per 1,000 square feet of food service area.
(3) Gross floor area in excess of 200,000 square feet: Four spaces per 1,000 square feet of total, plus three spaces per 100 seats above the initial 750 in a movie theater, plus five spaces per 1,000 square feet of food service area.
4-10-3 Handicapped parking. Parking for the handicapped within the C-1, C-2, C-2-C, M-1, and M-2 zoning districts shall be provided at a size, number, and location according to the requirements of the Federal Americans With Disabilities Act accessibility guidelines, as amended, or Georgia state version, as amended, whichever provision is more stringent, but in any event, not less than one handicapped parking space per 25 parking spaces.
(Res. of 1-7-02; Res. of 5-20-02)
4-11 Townhouses and Condominiums.
Townhouses and condominiums shall comply with the following requirements:
4-11-1 Separation between buildings. The front or rear face of a building shall be not less than 50 feet from the front or rear face of another building. The unattached side of a building shall be not less than 20 feet from the side face of another such building. The unattached side of a building shall be not less than 40 feet from the front or rear face of another such building.
4-11-2 Alignment. No dwelling unit shall be situated so as to face the rear of another dwelling unit unless terrain differences or vegetation will provide effective visual separation, as determined by the Whitfield County Engineer.
4-11-3 Public sewerage. Townhouse and condominium developments shall be served with central sewerage facilities and a public water system.
4-11-4 Common open space. If a portion of the land is set aside for common open space to be developed for recreational use, such areas shall be developed in accordance with the approved site development plan. Common open space shall be preserved and maintained by a homeowners association created by the developer in accordance with the Georgia Condominium Act.
4-11-5 Subdivision rules. The development of townhouses involves a subdivision of land and all applicable rules of the Whitfield County Subdivision Regulations [chapter 15 of the Code of Ordinances] shall apply.
4-11-6 Contiguous dwelling units. No more than four contiguous townhouses and/or condominiums shall be built in a single building in the R-5 district. No more than eight contiguous townhouses and/or condominiums shall be built in a single building in the R-6 district.
4-11-7 Minimum width. The minimum allowed width for the portion of the lot upon which the townhouse and/or condominium is to constructed shall be 16 feet, but the average width of units in a contiguous group of three or more units shall be 20 feet.
(Res. of 1-7-02)
4-12 Reserved.
Editor's note: Section 4 of an ordinance adopted Sept. 13, 2004, repealed in its entirety and reserved § 4-12, which pertained to requirements for swimming pools, and derived from a resolution of Jan. 7, 2002. Provisions regarding swimming pools may be found in § 5-90 et seq. of this Code of Ordinances.
4-13 Maximum Occupancy of Dwellings.
In order to protect the health, safety, and welfare of the public, no person shall occupy any dwelling which does not meet the following minimum size requirements per occupant thereof: there shall be at least 150 square feet of habitable floor area within a habitable room for the first occupant of each dwelling, with at least 75 square feet of habitable floor area within a habitable room for each additional occupant thereof. For purposes of this requirement, an occupant shall be considered any person who spends, on average, more than two nights per week or eight nights per month, whichever is greater, at such dwelling.
(Res. of 1-7-02)
4-14 Health, Safety, and Aesthetics Standards.
4-14-1 All structures shall be sound in construction and safe for human use.
4-14-2 No item not ordinarily designed for exterior use shall be permitted in open areas or yards. This shall include, but is not limited to, plumbing fixtures and household appliances.
4-14-3 No lot or parcel shall be allowed by the owner, tenant, resident, or occupant thereof to become unsafe or to endanger the health, safety and welfare of the neighborhood because of growth of vegetation or the accumulation of brush, trash, or debris.
4-14-4 No junk vehicles shall be allowed to remain upon any lot or parcel not operating as a conforming junk yard. It shall, however, be an affirmative defense hereto if the owner shall provide current paid receipts for parts which shall confirm that the vehicle in question is then being actively restored.
(Res. of 1-7-02; Ord. of 7-10-06)
ARTICLE V. 5-1 Purpose and Intent.
The purpose of this article is to establish procedures for certain "special uses," where permitted by special use permit. Certain uses are not allowed by right in a particular zoning district, or in any other zoning districts, because the special characteristics of such uses might create negative impacts upon surrounding areas or may be more appropriate only in certain districts. Special uses, also known as conditional uses, may be allowed under special conditions, as set forth hereinafter. The granting of a special use does not constitute a permanent change in the zoning map or the use. Compatibility must be proven by clear and convincing evidence by the applicant when applying for a special use permit.
(Res. of 1-7-02)
5-2 Special Use Permit Approval Procedure.
A special use permit shall be allowed following approval by the Whitfield County Board of Commissioners and pursuant to the Whitfield County Zoning Procedures and Standards Ordinance [Appendix E]. Any approved special use permit shall conform to any special requirements contained within this ordinance and the development regulations, if any, for the use provided in the Permitted Use Table. To ameliorate the impact of a special use permit on surrounding property, no special use may be granted without special provisions for conditions, criteria, standards, and/or requirements, as to that particular use. In the event that a rezoning of property is required and the proposed use requires a special use permit, the required review processes may be concurrent.
(Res. of 1-7-02)
5-3 Special Use Permits may Expire.
Special use permits approved by the Whitfield County Board of Commissioners pursuant to the terms of this article shall expire 18 months from the date of the board's action approving the special use permit in the event the construction of improvements or site development has not been commenced. However, upon application to the Whitfield County Engineer, the Whitfield County Board of Commissioners may authorize one extension not to exceed 18 months, provided the work has commenced and reasonably continues.
(Res. of 1-7-02; Ord. of 7-10-06)
5-4 Special Use Permit Applies to Property, Not Person.
Any approved special use permit is nontransferable as to any other real property.
(Res. of 1-7-02)
5-5 Special Use Permit Standards.
A request for a special use permit shall be duly evaluated pursuant to those objective factors set forth in section 1.9-1 of the Whitfield County Zoning Procedures and Standards Ordinance [Appendix E] for such review rather than pursuant to the factors to be considered for any proposed zoning amendment, which are set forth in section 1-10.1 of the Whitfield County Zoning Procedures and Standards Ordinance [Appendix E]. The factors set forth in section 1.9-1 of the Whitfield County Zoning Procedures and Standards Ordinance [Appendix E] are determined to be relevant in balancing the interest of Whitfield County in promoting the health, welfare, safety, morals, and convenience of the general public against the right of an owner of a lot or parcel to the unrestricted use of his or her land.
(Res. of 1-7-02)
ARTICLE VI. 6-1 Purposes.
The purposes of this article shall be:
6-1-1 To provide for the appropriate location and development of tower facilities in such locations which promote public safety and general welfare and serve the residents and businesses of Whitfield County, while complying with the federal Telecommunications Act of 1996.
6-1-2 To minimize, through proper siting, screening, and design the potential for visual blight and incompatibility and the proliferation of towers and antennae.
6-1-3 To promote tower safety through proper engineering and siting.
6-1-4 To promote and maximize the shared-use or co-location of new and existing towers.
6-1-5 To encourage the use of existing structures for antenna locations as an alternative to the development of additional single use towers.
6-1-6 To accommodate the increased demand for tower facility development.
(Res. of 1-7-02)
6-2 Definitions.
For the purposes of this article, the following specific terms shall be defined as follows:
Alternative tower structures: Shall mean man-made structures such as clock towers, bell towers, church steeples, water towers, light poles, man-made trees, existing conforming towers, warehouses, factories, commercial buildings, multi-family buildings 50 feet or more in height and publicly-used structures, such as police and fire stations, libraries, community centers, civic centers, utilities structures, elevated roadways, bridges, flag poles, schools, hospitals, and other structures which can, from the stand point of structural integrity and engineering safety, be used for the mounting of antennae or serving a similar function as a tower, as defined herein below.
Antenna: Shall mean any exterior apparatus designed for the sending and/or receiving of electromagnetic waves.
FAA: Shall mean the Federal Aviation Administration.
FCC: Shall mean the Federal Communications Commission.
Guy tower: Shall mean a tower supported, in whole or in part, by guy wire(s) and ground anchors.
Height: Shall mean the vertical distance of any tower as measured from the bottom of the base of the tower at ground level to the highest point of such tower.
Lattice tower: Shall mean a telecommunications tower not exceeding 350 feet in height and having open-framed supports on three or four sides and constructed without guy wires and ground anchors.
Monopole tower: Shall mean a telecommunications tower not exceeding 250 feet in height and constructed of a single pole, without guy wire(s) or ground anchors.
Preexisting towers and antennas: Shall mean any conforming, preexisting tower or antenna for which a permit has been properly issued prior to the effective date of this article. Any nonconforming, preexisting tower or antenna which sustains a casualty equaling 50 percent or more of its value shall not be reconstructed or restored unless otherwise in conformity with this article.
Tower: Shall mean any vertical structure which is designed and constructed primarily for the purpose of supporting one or more antennae, including self-supporting lattice towers, guy towers, or monopole towers. This general term includes radio, television, microwave, common carrier, P.C.S., analog, digital, cellular telephone, alternative tower structures, and the like.
(Res. of 1-7-02)
6-3 Review Process.
Exempt from further review or special use review
6-3-1 Towers in the C-1, C-2, C-2-C, M-1, and M-2 zone designations, which otherwise meet the general requirements set forth hereunder and which additionally meet the following specific conditions are a permitted use hereunder and may apply directly to the Whitfield County Engineer for a permit, pursuant to section 6-6:
6-3-2 Government owned property. Any person or entity proposing to locate a tower upon a lot or parcel owned, leased, or otherwise controlled by Whitfield County, the City of Dalton, the City of Varnell, the City of Cohutta, the City of Tunnel Hill, or any other unit of local government, or which is owned and operated for the sole purpose of municipal use, in the pursuit of the general public safety and public welfare, may apply directly to the Whitfield County Engineer for a permit regardless of the zoning of such lot or parcel.
6-3-3 Towers under seventy feet in height. Any person or entity proposing to locate a tower or antenna less than 70 feet in height, which is owned and operated by and for an amateur radio operator and licensed by the FCC, may apply directly to the Whitfield County Engineer for a permit.
(Res. of 1-7-02; Ord. of 7-10-06)
6-4 Required Special Use Review.
6-4-1 Towers in the GA, R-1, R-2, R-3, R-4, R-5, and R-6 zone designations and those in the C-1, C-2, M-1, and M-2 zone designations which do not meet those conditions set forth in section 6-3 above are permitted only pursuant to special use review.
6-4-2 Towers proposed to locate upon any alternative tower structure which is a nonconforming use are permitted only pursuant to special use review.
(Res. of 1-7-02)
6-5 General Requirements.
The location and construction of towers governed by this article shall comply with the following general requirements:
6-5-1 Construction/inspections. Towers shall be constructed and maintained in compliance with applicable building codes, industry standards, and standards for towers published by the Electronic Industries Association, as amended.
(a) Tower owners shall conduct and be solely responsible for periodic written inspections of such towers at least every 12 months to ensure structural integrity. Such inspections shall be conducted by a structural engineer with a current license issued by the State of Georgia. The results of such inspection shall be submitted to the Whitfield County Engineer and shall be maintained by the tower owner(s) and available for public review upon request.
(b) If, upon a review of the results of such inspections or upon physical inspection, the Whitfield County Engineer concludes that a tower fails to comply with such codes and standards and poses a danger to persons or property, then upon written notice thereof to the owner, the owner shall have 30 days to bring such tower into compliance. Should the owner fail to bring the tower into compliance within 30 days, Whitfield County may remove such tower at the owner's expense pursuant to O.C.G.A. §§ 41-2-8 through 41-2-12.
6-5-2 Regulatory compliance. Tower owners shall provide documentation showing that each tower is in compliance with standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennae. Such evidence of compliance, which may consist of a certification by the tower owner, shall be submitted to the Whitfield County Engineer at least every 12 months. If such standards and regulations are changed, then the owner(s) of the towers and antennae governed by this article shall bring such tower or antennae into compliance with such revised standards and regulations as mandated by the controlling agency.
6-5-3 Security. All towers, except alternative tower structures, shall be enclosed by decay-resistant security fencing not less than six feet in height and shall be equipped with an anticlimbing device.
6-5-4 Advertising. Except for the owner's identifying name plate, including emergency telephone number(s), to be located upon the gate or security fence surrounding the tower base, advertising on towers shall be prohibited. Sign control, as set forth in article VII, shall apply to any issues regarding signage.
6-5-5 Tower lighting. Illumination is prohibited on towers, except where required by the FCC or FAA, as necessary for air traffic safety. When illumination is required, documentation shall be provided to the Whitfield County Engineer identifying the type of illumination required and any available alternatives. The Whitfield County Engineer may review alternative permissible
illumination and may mandate the design causing the least disturbance to the surrounding uses and views.
6-5-6 Access. Access for maintenance vehicles shall be the right-of-way which would most minimize interference with public traffic. Proposed sites which lack frontage on a public or private road shall provide an easement at least 25 feet wide with at least 12 feet graveled or paved travel way.
6-5-7 Hazardous/volatile substances. Use of a lot by a tower shall be prohibited when another principal use, on the same lot, includes the storage, distribution, or sale of volatile, flammable, explosive or hazardous materials such as propane, gasoline, natural gas, dangerous chemicals, or hazardous waste when such materials are not part of an emergency power source for the tower facilities.
6-5-8 Maintenance/operation structures. Maintenance/operation structures adjacent to any tower facility area shall be used only to house equipment and other supplies directly in support of the tower. Such structures shall not be used for offices, vehicle storage or for any continuous human occupation. Any equipment not used in direct support of a tower site shall not be stored on the site.
6-5-9 Historic sites. Tower facilities shall not be attached to or mounted to historically significant buildings, structures, or places identified by placement upon the National Register of Historic Places, by designation as a state historical site, by designation by the Whitfield-Murray County Historical Society as a historic site, or as part of a locally-designated historic district.
6-5-10 Setbacks and separations. All towers shall comply with the following standards, except that existing alternative tower structures are exempt from the minimum setback and separation requirements of this section; provided, however, that such alternative tower structure must be a conforming use within the zoning district in which it is located for this setback exemption to apply as of right:
(a) All towers, regardless of the zoning district in which such tower is proposed to be located, shall set back at least a distance equal to the height of the tower plus 15 feet or 200 total feet, whichever is less, from any dwelling, GA, R-1, R-2, R-3, R-4, R-5, R-6, or MHP zoning district line, or public property, regardless of whether such distance shall cross any public or private right-of-way or roadway. This requirement shall be in addition to but concurrent with all other set backs required by the zoning district in which a proposed tower is to be located.
(b) All towers and maintenance/operation structures (including guy wires) shall comply with the setbacks as required by the zoning district in which the tower is to be located.
(Res. of 1-7-02)
6-6 Buffering Tower Sites.
6-6-1 Tower sites shall be landscaped with a buffer of plant materials such that the view of the base of the tower is screened from any public rights-of-way, public property, and any GA, R-1, R-2, R-3, R-4, R-5, R-6, or MHP zoned property and as additionally provided by article IX.
6-6-2 In locations where the visual impact of the tower would be minimal, this landscaping requirement may be reduced or waived altogether by the Whitfield County Engineer upon specific findings by the Whitfield County Engineer.
6-6-3 Existing mature growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as when towers are sited upon large, wooded lots, natural growth around the perimeter of the property may be sufficient if so determined by the Whitfield County Engineer upon specific findings by the Whitfield County Engineer.
6-6-4 In buffer construction, native vegetation shall be preserved to the fullest extent possible.
(Res. of 1-7-02)
6-7 Visual Impact.
6-7-1 Towers shall maintain a galvanized matte steel finish or be painted a neutral, earth-toned color, unless otherwise required by the FAA.
6-7-2 The design of maintenance/operation buildings and/or accessory structures at the tower site shall use materials, colors, textures, screening, and landscaping which create the greatest level of compatibility with the natural environment and existing land use patterns.
6-7-3 Antennae installed on an alternative tower structure and supporting electrical and mechanical equipment shall be of a neutral color which is similar to or complements the color of the alternative tower structure.
6-7-4 Tower antennae shall be designed to be visually compatible with the exterior of the alternative tower structure to which they are to be attached.
(Res. of 1-7-02)
6-8 Shared Use/Co-Location.
New tower sites may not be permitted if there is technically and commercially reasonable space available for shared use/co-location on a conforming preexisting tower.
6-8-1 The application for a permit to develop a tower shall demonstrate that no existing tower or alternative tower structure can accommodate the proposed antenna. Evidence submitted to demonstrate that no existing tower or alternative tower structure can accommodate the proposed antenna shall consist of the following:
(a) Certification that no existing tower or alternative tower structures are located within the geographic area necessary to meet the applicant's engineering requirements.
(b) Certification that existing tower or alternative tower structures have insufficient height and can not be modified to accommodate the applicant's engineering requirements.
(c) Certification that existing tower or alternative tower structures do not have sufficient integrity or strength and cannot be modified to support the proposed antenna and related equipment.
(d) Certification that the proposed antenna would cause interference with the antenna on the existing tower or alternative tower structure, or that the antenna on the existing tower or alternative tower structure would cause interference with the applicant's proposed antenna.
(e) Certification that the fees, costs, or contractual provisions required by the owner in order to share an existing tower or alternative tower structure or to adapt an existing tower or alternative tower structure for sharing unreasonably exceed market costs.
(f) The applicant demonstrates that there are other objective limitations which render existing towers unsuitable.
6-8-2 Permit applicants for towers shall certify and demonstrate their intent to allow the shared use of such facilities with other tower apparatus which does not interfere with the primary purpose of the tower or such applicant shall document that the reserved space on the tower is to fulfill the owner's future needs.
All applicants shall identify how the applicant will make available such shared use/co-location.
(Res. of 1-7-02)
6-9 Application Procedures.
Application for a permit for any tower, antenna, or use of an alternative tower structure shall be made to the Whitfield County Engineer as set forth in section 3-5 of this ordinance. All applicants, whether exempt from further review or whether special use review is necessary hereunder, shall complete an application in accordance with this section. If the permit application is not exempt from further review and if special use review is required, the permit application and special use review application should be forwarded to the planning commission and, thereafter, to the Whitfield County Board of Commissioners for special use review. If the special use review is approved, the permit application may then be presented to the Whitfield County Engineer for review. Incomplete applications shall not be considered. A complete permit application shall contain, in addition to the information contained upon every application for a building permit in Whitfield County, the following information specifically relating to towers:
6-9-1 Inventory of existing towers. An inventory of the applicant's existing towers which are either within Whitfield County, including all municipal corporations located therein and including areas within one-half mile of the border thereof, including the specific locations, heights, and designs of each such tower.
6-9-2 A description of the proposed tower's area of service.
6-9-3 Photo simulations or renderings of the proposed tower illustrating the potential visual impact, for special use review only. For towers exempt from further review, this section shall be satisfied by photos or drawings of similar towers.
6-9-4 A site plan or plans to scale specifying the proposed location and dimensions of tower(s), size of maintenance/operation buildings or uses, access, parking, fences, landscape plans, existing and adjacent land uses.
6-9-5 A site plan for alternative tower structures shall show adjacent rights-of-way, buildings, and structures, including the structure's height and dimensions, proposed antenna location on the structure or building and adjacent land uses.
6-9-6 A report from a professional engineer, currently licensed in Georgia, documenting the following information:
(a) Tower height and design, including technical, engineering, economic, and other pertinent data and/or factors governing the proposed tower design.
(b) Total anticipated capacity of the structure, including number and types of antennae which can be accommodated.
(c) Evidence of structural integrity of the tower structure.
(d) Failure characteristics of the tower and demonstration that the site, setbacks, and separation from other uses are of adequate size or distance to protect the safety of the general public and of all nearby landowners.
6-9-7 A written statement from the owner of the tower certifying that the proposed tower site complies with regulations administered by the FAA and FCC, or stating that the tower is exempted from these regulations.
6-9-8 Evidence of compliance with the co-location requirements set forth in section 6-8.
6-9-9 If the proposed tower is to be located upon property owned by any unit of local government pursuant to subsection 6-3-2, then the applicant shall file either a copy of the lease agreement or other written certification or agreement from such unit of local government that such applicant has the permission of the land owner for the proposed tower facility project.
6-9-10 Any additional information which may be reasonably requested by the Whitfield County Engineer, Planning Commission, or Whitfield County Board of Commissioners, in order to evaluate fully and to review the proposed tower site and the potential impact of a proposed tower and/or antenna.
(Res. of 1-7-02)
6-10 Abandoned Towers.
Any tower found to be abandoned and not in compliance with these regulations, or found to constitute a danger to persons or property, shall, upon written notice by the Whitfield County Engineer or designee to the owner(s) of such tower, be brought into compliance or removed within 30 days. Any tower or antenna not operated for a continuous period of 12 months shall be considered abandoned and the owner of such tower or antenna shall remove the same within 30 days of receipt of written notice.
(Res. of 1-7-02)
6-11 Appeals/Variances.
6-11-1 Any decision by the Whitfield County Board of Commissioners to deny an application for a special use permit to place, construct, or modify any tower or tower site shall be in writing and shall be supported by substantial evidence in a written record. An appeal there from shall be to any court of competent jurisdiction.
6-11-2 Appeals from any administrative denial or decision hereunder by the Whitfield County Engineer or his or her designee, which an applicant wishes to appeal, shall be to the board of zoning appeals based upon the criteria set forth in the By-Laws of the Whitfield County Board of Zoning Appeals in Appendix D of this ordinance and, additionally, upon a finding that such request:
(a) Is necessary because of the location of existing land uses or other features on or adjacent to the tower site.
(b) Is necessary due to geography, topography or unusual conditions.
(c) Is consistent with the character of the area.
(d) Would cause minimal visual impact on adjacent properties.
(e) Would not be contrary to the purposes and intent of these regulations.
(f) Is not detrimental to existing or proposed land uses.
(g) Serves public purposes to a degree equal to or greater than the standards it alters.
(h) Accommodates shared use or co-location of tower facilities.
6-11-3 Appeals from any decision of the Whitfield County Board of Zoning Appeals shall be brought procedurally in accordance with the by-laws of the Whitfield County Board of Zoning Appeals in Appendix D of this ordinance.
(Res. of 1-7-02; Ord. of 7-10-06)
ARTICLE VII. This article sets forth the standards which shall control the number, type, and placement of signs within the unincorporated portion of Whitfield County, upon individual lots, parcels, structures, or accessory structures. the purposes of such standards set forth in this article include the following:
7-1-1 To maintain and to enhance the aesthetic environment and natural beauty of Whitfield County, while balancing those interests with support for positive economic development of Whitfield County;
7-1-2 To maintain and to improve traffic safety;
7-1-3 To minimize potential confusion created as a result of size, location, construction, or manner of display of signs;
7-1-4 To minimize potential adverse effects of signs upon neighboring properties;
7-1-5 To maintain and to enhance the tranquility and compatibility of uses within low density residential areas, while balancing those interests with the rights of such homeowners to communicate freely; and
7-1-6 To encourage the necessary and proper use of signs as a means of effective and constitutionally protected communication.
(Res. of 1-7-02; Ord. of 7-10-06)
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7-2 Definitions.
For purposes of this article, the following terms shall be defined as follows:
Abandoned sign: A sign which previously served a business or operation which is dilapidated or in such condition as to create a hazard, nuisance, or to be unsafe, as determined by the Whitfield County Engineer or designee.
Awning: A roof-like cover which projects from the wall of a structure for the purpose of shielding a doorway, walkway, or window from the elements. Awnings are often made of fabric or flexible plastic supported by a rigid frame, and may be retracted into the face of the structure.
Awning or canopy sign: See building sign.
Banner: A sign other than an official flag, made of paper, cloth, thin plastic, or similar lightweight material and usually containing a message or logo.
Billboard: A multi-faced pole sign, with total sign face area with outside measurements of no more than 14 feet in height by 48 feet in length, with our without trim, which is visible or is intended to be visible from vehicular traffic upon Interstate I-75 or Georgia DOT State Routes (SR 2, 3, 52, 71, 201, and 286). Billboards are permitted only along the Interstate I-75 corridor and Georgia DOT State Routes (SR 2, 3, 52, 71, 201, and 286), as set forth in section 7-4-2 hereunder. Billboards may also be referred to as outdoor advertising signs or off-premises advertising synonymously as set forth in the Georgia Outdoor Advertising Act, OCGA § 32-6-70, et seq.
Building sign: A sign which, in any manner, is fastened to, projects from, or is placed or painted upon the exterior wall, window, door, or roof of a building. The term "building sign" includes, but is not limited to, the following:
(a) Awning or canopy sign: A sign imposed or painted upon or suspended beneath any awning or canopy.
(b) Facade or wall sign: A sign which is fastened directly to or is placed or painted directly upon the exterior wall of a building and extends from the surface of the wall no more than 18 inches.
(c) Incidental sign: An announcement or other display providing information about the occupancy or conduct of business permitted on a premises, such as logos of credit cards accepted on the premises, hours of operation, a "closed" or "open" sign, emergency contact person name and telephone number, street address, "help wanted," "no loitering or solicitations," security system notices, notices required by law, and similar information.
(d) Projecting sign: A sign affixed to a wall and extending more than 18 inches from the surface of such wall, usually perpendicular to the wall surface.
(e) Roof sign: A sign that is mounted on, applied to, or otherwise structurally supported by the roof of a building.
(f) Window sign: A sign that is placed on or behind a window pane and intended to be viewed from outside the building.
Construction sign: A sign identifying the contractors, engineers, architects or financial institutions involved in the building, construction, or development of a lot or parcel.
Electronic message board: A type of sign which presents its message through illumination of flashing, intermittent, or moving lights forming the letter, numbers, or symbols of the message, whether or not the message appears to move across the sign face.
Facade sign: See building sign.
Freestanding sign: A sign permanently attached to the ground which is wholly independent of any other structure. The term freestanding sign shall not include billboard. The term freestanding sign shall include, but is not limited to, the following:
(a) Pole sign (also referred to synonymously aspylon sign): A sign mounted on a freestanding pole or similar support such that the bottom of the sign face is at least ten feet. The maximum height for pole signs shall be 70 feet.
(b) Ground sign: A sign, other than a pole sign, for which the bottom of the sign face is not more than three feet above ground.
(c) Inflatable sign: A sign which is intended to be expanded by air or other gas for its proper display or support.
Ground sign: See freestanding sign.
Holiday decorations: Signs and/or displays erected on a seasonal basis in observance of religious, national, state, or local holidays, and which are not intended to be permanent in nature.
Incidental sign: See building sign.
Inflatable sign: See freestanding sign.
Multi-faced sign: A sign structure which contains two or more sign face surfaces located on different sides of the structure and are separated from each other at their nearest point by an angle not greater than 45 degrees. No side by side sign faces are permitted hereunder.
Official signs: Signs placed by a governmental body, governmental agency, or public authority having jurisdiction to do so, such as traffic signs, signals, or regulatory devices or warnings; official emblems, public notices, or official instruments; signs of historical interest; signs designating special events or areas of architectural or historic significance. Such signs are authorized within all rights-of-way or other properties controlled by such governmental body, agency, or authority.
Pennant: Any lightweight plastic, fabric, or similar material suspended from a rope, wire, or string, designed to move in the wind. The term pennant shall not include a banner or an official or personal flag, as regulated herein below.
Pole sign: See freestanding sign.
Portable sign: Any sign designed and conceived to be easily moveable by not more than two persons from location to location, including, but not limited to, AA frame@ signs, AT@ signs, and signs on wheels.
Principal use: See article II.
Projecting sign: See building sign.
Property address sign: A sign limited in content to the owner's name, road name, and address number of the lot or parcel to which it is affixed, provided that such sign shall consist of lettering not larger than four inches in height on a building or two inches on a mailbox.
Roof sign: See building sign.
Shopping center: See article II.
Sign: The term "sign" shall mean any structure, display, or device used to advertise, identify, direct, or attract attention to a business, institution, organization, person, idea, product, service.
Sign face: That portion of the surface of a sign structure where words, letters, figures, symbols, logos, fixtures, colors, or other design elements, including, but not limited to, trim or borders, are or may be located in order to convey the message, idea, or intent for which the sign has been erected or placed. The sign face may be composed of two or more modules on the same surface which are separated or surrounded by portions of a sign structure not intended to contain any advertising message or idea and are purely structural or decorative in nature. No side-by-side sign faces shall be permitted.
Sign face module: Each portion or unit of a sign face which is clearly separable from other such units by virtue of the expression of a complete thought, message, logo, or idea.
Sign height: The vertical distance to the highest point of a sign structure, as measured from the average grade at the base of the structure or directly below a projecting structure. If the base of the sign is below the grade of the nearest adjacent roadway, the sign height shall be measured from the grade of the nearest adjacent roadway.
Sound or smoke emitting sign: A sign that emits or utilizes in any manner any sound capable of being detected on any public road way by a person with normal hearing; or a sign which emits smoke, vapor, particles, or odors.
Streamer: See pennant.
Structure: See article II.
Subdivision entrance sign: A sign located at a discernible entrance into a particular residential subdivision, apartment or condominium development, or other multi-family residential development.
Tenant: One who possesses or occupies land or buildings by title, pursuant to a lease, or through payment of rent; or, an occupant, inhabitant, or dweller of a place.
Wall sign: See building sign.
Window sign: See building sign.
(Res. of 1-7-02; Ord. of 7-10-06)
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7-3 General Provisions.
7-3-1 Signs regulated by this article:
(a) The regulations and requirements of this article shall apply to all signs which are intended to be viewed from any public right-of-way or which are intended to be viewed from outdoor areas of public property.
(b) Such signs are allowed to be erected or maintained only in conformance with this article, or as otherwise provided for nonconforming uses pursuant to article X herein.
(c) The location of all signs hereunder shall be in conformance with all applicable state and/or federal laws, regulations, or ordinances. (See, e.g., OCGA §§ 32-1-21; 32-6-78; 32-50-51; 21-1-1, et seq.)
(d) All signs shall be erected upon private property with the express permission of the owner thereof, except as otherwise provided by state and/or federal law.
(e) In any zoning district, except as otherwise provided herein, no sign or sign structure (above a height of three feet) shall be maintained within ten feet of a public right-of-way, or within 15 feet of the intersection of the rights-of-way of two roads, or an intersection of a road with a railroad right-of-way.
7-3-2 Prohibited signs and activities regarding signage. The following types of signs and activities shall be prohibited:
(a) No sign shall be erected or maintained where, by reason of its position, illumination, size, shape or color, it may obstruct the view of oncoming vehicles or impair, obscure, interfere with the view of, or be confused with any authorized traffic control sign, signal, or device.
(b) No sign, except an electronic message board, shall flash in any manner.
(c) No sign shall contain any imitation of any official governmental traffic control sign, signal, or emergency vehicle device.
(d) No part of any sign shall be located in, over, or project into a public right-of-way, except for canopy signs or projecting signs in the C-1, C-2, C-3, M-1, or M-2 districts.
(e) No sign shall be erected, located, or maintained in such a manner as to interfere with safe and free ingress and egress of any door, fire escape, emergency exit, driveway, street, or roadway.
(f) No sign shall interfere with governmental utilities, such as water lines, mains and hydrants, electricity, and communications equipment or lines, nor interfere with natural or manmade storm water drainage facilities, if any.
(g) No sign shall be painted on or attached to any tree, utility pole, utility post, retaining wall, rock, or other natural or similar manmade feature.
(h) No sign shall be erected upon any lot or parcel without the express permission of the owner to do so.
(i) No internally illuminated freestanding sign shall be erected within 200 feet of any dwelling located within the GA, R-1, R-2, R-3, R-4, R-5, R-6 or MHP zoning districts.
(j) No sign shall be erected which advertises or promotes any unlawful activity or product.
(k) No electronic message board shall be erected within the GA, R-1, R-2, R-3, R-4, R-5, R-6 or MHP zoning districts.
(l) Abandoned signs are prohibited.
(m) Signs within 300 feet of any officially designated historical site or monument, except signs pertaining to that particular site or monument, are prohibited.
(n) Pennants or streamers are prohibited.
(o) Sound or smoke emitting signs are prohibited.
7-3-3 Exempt signs. The following types of signs shall be exempt from the restrictions imposed by this article:
(a) Official signs.
(b) Property address signs.
(c) Holiday decorations.
(d) Signs upon private property which prohibit trespassing, hunting, and/or fishing; which provide warnings to employees; or which prohibit smoking.
(e) Subdivision entrance signs are exempt only in the GA, R-1, R-2, R-3, R-4, R-5, R-6, and MHP zoning districts.
7-3-4 Permitting requirements:
(a) A permit, per sign, shall be required prior to the installation or placement of any freestanding sign having a sign face area of 40 square feet or greater or any building sign having a sign face area of 40 square feet or greater.
(b) All signs for which a permit is required shall be constructed and maintained in conformance with all applicable requirements of the Whitfield County Building Ordinance and of any other applicable federal, state, or local law or ordinance.
(c) If site plans are required for the issuance of a permit for a sign, the plans shall be certified as to conformance with all applicable structural and wind-load resistance standards by a structural engineer registered in the State of Georgia, or be prepared using standard drawings prepared by a structural engineer or other qualified professional meeting or exceeding all requirements of the Whitfield County Building Ordinance.
(d) All signs involving internal lighting or other electrical devices or circuits shall display a label certifying it as being approved by the Underwriter's Laboratories, Inc. No electric sign may be installed which is not approved by Underwriters Laboratories, Inc. Each sign manufacturer's UL # of each individual sign shall be provided as a part of the application for a permit unless waived by the Whitfield County Engineer.
7-3-5 Sign maintenance. All signs, together with all supports, braces, guys, and anchors shall be kept in good repair and, unless constructed of galvanized or non-corroding metal, shall be given a protective coating as necessary to maintain a clean appearance and safe condition.
7-3-6 Computation of sign area. In order to determine compliance with the maximum allowable sign areas permitted under this article, the area of a sign shall be considered the area of the sign face, which shall be computed as follows:
(a) The area of a sign face shall be computed as the area within the smallest rectangle enclosing the limits of a sign face, or the combination of the areas of all such rectangles delimiting each sign face module, together with any frame or material, texture, or color forming an integral part of the sign face or used to differentiate the sign face from the structure upon which it is placed.
(b) The computation of the area of a sign face shall not include the structure, supports or uprights on which the sign face is placed or any portions of a sign structure which are not intended to contain any message or idea and are purely structural or decorative in nature.
(c) For any sign on which the words, letters, figures, symbols, logos, fixtures, colors, or other design elements routinely change or are intended to be changed from time to time, the sign face area shall include the entire area within which any words, letters, figures, symbols, logos, fixtures, colors, or other design elements may be placed, together with any frame or material, texture, or color forming an integral part of the sign face or used to differentiate the sign face from the structure upon which it is placed.
(d) For multi-faced signs, when the sign face surfaces are parallel (back-to-back), or where the interior angle formed by the faces is 45 degrees or less, the area of the sign shall be taken as the area on the larger side. For all other multi-faced signs, the area of the sign shall be the total area on all sides which may be viewed at one time from any angle.
7-3-7 Variances from sign regulations. Variances from the restrictions upon signage for a specific lot or parcel shall be considered by the board of zoning appeals, pursuant to article XI hereunder.
7-3-8 Signs not to extend into buffer area. No sign, sign face, nor sign structure shall extend into or over any buffer required by article IX of this ordinance.
(Res. of 1-7-02; Ord. of 7-10-06)
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7-4 Permitted Signs.
The following types of signs shall be permitted, pursuant to the restrictions set forth hereunder:
7-4-1 Freestanding signs shall be permitted, subject to the following:
General restrictions upon all freestanding signs:
(a) Freestanding signs shall be located at least ten feet from a side or rear lot line.
(b) Freestanding sign bases shall be located at least ten feet from any right-of-way line.
(c) No sign face less than ten feet above the grade of the nearest publicly maintained roadway may abut the right-of-way line.
(d) Within the GA, R-1, R-2, R-3, R-4, R-5, R-6, or MHP zoning districts upon which there exists a structure which is the principal use thereon, the following additional restrictions shall apply:
(1) The sign face area of any freestanding sign within such zoning districts shall not exceed 40 square feet. However, nothing herein shall restrict or limit the sign face area of a subdivision entrance sign.
(2) The maximum height of any freestanding sign within such zoning districts shall not exceed six feet.
(3) Only one freestanding sign per lot or parcel within such zoning districts shall be allowed.
(e) Within the C-1 zoning district upon which there exists at least one structure which is the principal use thereon, the following additional restrictions shall apply:
(1) The sign face area of any freestanding sign within such zoning district shall not exceed 200 square feet.
(2) The maximum height of any freestanding sign within such zoning district shall not exceed 30 feet.
(3) Only one freestanding sign per lot or parcel within such zoning district shall be allowed to these maximum size and height restrictions.
(4) Not more than a total of three additional signs, including, but not limited to, freestanding signs, each no greater than six square feet in area and three feet in height, are allowed upon any lot or parcel within such zoning district.
(f) Within the C-2, M-1, or M-2 zoning districts, except for billboards, the following additional restrictions shall apply:
(1) The sign face area of any freestanding sign within such zoning districts shall not exceed a total of 288 square feet.
(2) The maximum height of any freestanding sign within such zoning districts shall not exceed 40 feet.
(3) Only one principal freestanding sign per lot or parcel within such zoning districts shall be allowed to the maximum size and height restrictions. Each business upon a lot or parcel shall be permitted to advertise upon the one principal freestanding sign per lot or parcel.
(4) No more than a total of three additional signs, including, but not limited to, freestanding signs, each not greater than 40 square feet in area and three feet in height, are allowed upon any lot or parcel within such zoning district.
(g) Within the C-2C zone district, except for billboards, the following additional restrictions shall apply:
(1) The sign face area of any freestanding sign within such zoning districts shall not exceed a total of 2,250 square feet.
(2) The maximum height of any freestanding sign within such zoning districts shall not exceed 100 feet.
(3) Plans shall be required for all freestanding and affixed building signs and must be certified by a currently registered Georgia engineer.
7-4-2 Billboards (outdoor advertising signs) are permitted only along the Interstate I-75 corridor and Georgia DOT State Routes (SR 2, 3, 52, 71, 201, and 286), pursuant to the following conditions:
(a) Billboards on Interstate I-75 shall be restricted to an area in each entrance/exit quadrant 1,200 feet long beginning 500 feet beyond the point where the pavement begins to widen upon the main travel way of the roadway to accommodate the longest exit or entrance ramp for that particular interchange.
(b) Billboards shall be constructed no more than 200 feet from the edge of the right-of-way for Interstate I-75 and no more than 60 feet from the edge of the right-of-way for any Georgia State Routes (SR 2, 3, 52, 71, 201, and 286).
(c) No more than three billboards may be located in each quadrant of an Interstate I-75 interchange.
(d) Billboards shall be located upon a lot or parcel only in the C-2, M-1, or M-2 zoning districts.
(e) Billboards shall fully comply with all requirements of the State of Georgia and shall obtain a Department of Transportation (DOT) permit prior to seeking a building permit.
(f) Billboards shall not exceed 70 feet in height. If the elevation of the location upon the real property upon which the sign structure is placed is below the grade of Interstate I-75 or Georgia DOT State Routes (SR 2, 3, 52, 71, 201, and 286), such height shall be measured from the grade of Interstate I-75 or Georgia DOT State Routes (SR 2, 3, 52, 71, 201, and 286).
(g) All portions of billboards shall be located in accordance with all applicable setback requirements.
(h) Billboards shall not be located within 500 feet of any other billboard on the same side of Interstate I-75 within the same quadrant or on Georgia DOT State Routes (SR 2, 3, 52, 71, 201, and 286). Distance measurements shall be made horizontally in all directions from the nearest edge of the sign face.
(i) Except on I-75, only two sign faces upon each side of a billboard are permitted. Back-to-back, "V" formation signs at an angle of no greater than 45 degrees, and stacked billboards are permitted. Side-by-side signs are not permitted.
(j) Billboards shall not be located upon or over any structure, except a sign structure.
7-4-3 Building signs. Within the C-1, C-2, M-1, or M-2 zoning districts, the total display area of a building sign shall not exceed the total area of the wall upon which the sign is located.
7-4-4 Banners shall be allowed only as wall or window signs and shall be placed flush upon the wall or window to which it is attached. Banners shall not be hung as canopy signs, flown as flags, or used as any other form of sign.
7-4-5 Real estate signs. One real estate sign per lot or parcel or per 500 linear feet of total road frontage (whether a corner lot or not), whichever is greater, may be placed upon a lot or parcel until the property or premises to which the sign refers is sold or leased. Real estate signs shall not exceed six square feet in area in the GA, R-1, R-2, R-3, or R-4 zoning districts, shall not exceed 40 square feet in area in the R-5, R-6, MHP, C-1, or C-2 zoning districts, and shall not exceed 64 square feet in area in the M-1 or M-2 zoning districts.
7-4-6 Political signs are generally allowed in all zoning districts, in addition to freestanding signs which may be allowed, subject to the following:
(a) Political signs which are solely intended to influence a particular election or which promote a particular candidate during the pendency of an election season may be placed upon a lot or parcel as of the date of qualification of such candidate(s), and should be (but are not required to be) removed when the election is concluded.
(b) Political signs which are intended to convey a general political message not specifically related to a particular election may be placed and maintained upon any lot or parcel for as long as the owner thereof desires to express such message; however, such signs remain subject to the size limitations set forth herein.
(c) Political signs shall not exceed six square feet in area in the GA, R-1, R-2, R-3, or R-4 zoning districts, shall not exceed 40 square feet in area in the R-5, R-6, MHP, C-1, or C-2 zoning districts, and shall not exceed 64 square feet in area in the M-1, or M-2 zoning districts.
(d) All political signs in the GA, R-1, R-2, R-3, or R-4 zoning districts shall be ground signs.
7-4-7 Construction signs. One non-illuminated construction sign per road frontage may be placed upon a lot or parcel upon the commencement of construction and shall be removed upon substantial completion of the construction or development project to which it refers. Construction signs shall not exceed 16 square feet in area in the GA, R-1, R-2, R-3, or R-4 zoning districts, shall not exceed 40 square feet in area in the R-5, R-6, MHP, C-1, or C-2 zoning districts, and shall not exceed 64 square feet in area in the M-1 or M-2 zoning districts.
7-4-8 Temporary event or special outdoor event signs. An additional sign may be located upon a lot or parcel related to a special outdoor event or a temporary event, subject to the following:
(a) Temporary signs announcing a temporary event or special outdoor event as defined and permitted hereunder, may be placed for a period of no more than 30 consecutive days. Temporary signs for the same business or organization shall not be placed on a property more often than three times per calendar year, nor within 30 days of when the last temporary sign was placed upon the property.
(b) Each temporary sign, except an inflatable sign, shall not exceed six square feet in area in a GA, R-1, R-2, R-3, or R-4 zoning district or 40 square feet in an R-5, R-6, or MHP zoning district and shall be limited to one such sign per road frontage per temporary event.
(c) A temporary event or a special outdoor event may utilize one inflatable sign upon the lot or parcel of the event, provided that the inflatable sign shall be installed in conformance with all requirements of the building code.
7-4-9 Official or personal flag. Any cloth, nylon, paper, thin plastic, or similar material which is displayed by hanging or flying, representing in whole the officially adopted symbol or emblem of a government, political subdivision, institution, organization, or corporation; or, a flag adopted or flown by a person as a symbol or statement, is permitted. However, any flagpole to which such flag is attached must otherwise conform herewith.
7-4-10 Semi-public use directional sign. A sign erected by a governmental unit or by a private entity which conveys directions to a specific use owned or operated by a non-profit, religious or other institution for the purpose of providing educational, cultural, recreational, religious or social services to the general public is permitted provided that there be no more than four such signs for each such use, that such signs not be illuminated, and that such shall not exceed a maximum size of 40 square feet in area and six feet in height. All such signs may be erected upon a lot or parcel only with the express permission of the owner of the lot or parcel.
7-4-11 Garage sale sign. A sign advertising a garage sale (or yard sale) may be erected no more than two days prior to such sale, shall be removed no later than the day after the last day of the sale, and shall not exceed four square feet in area.
7-4-12 Portable sign. A sign which is portable is permitted only in the C-2, M-1, or M-2 zoning districts and only if there is no freestanding sign placed upon such lot or parcel. Such signs shall not be allowed to be placed within 100 yards of any road which has been designated as a "State Designated Scenic By-Way". If such sign shall remain upon the same lot or parcel for more than ten consecutive days, a permanent power source shall be provided.
7-4-13 Home occupation sign. One non-illuminated sign not exceeding four square feet in area may be placed upon a lot parcel located within the GA, R-1, R-2, R-3, R-4, R-5, or R-6 zoning district upon which a home occupation is located, as set forth in article VIII hereinafter. If a home occupation is located upon a lot or parcel located within any other zoning district, then any sign otherwise allowable hereunder is permitted. All applicable setbacks shall be observed.
(Res. of 1-7-02; Ord. of 7-10-06)
;oh5;
7-5 Removal of Abandoned and Illegal Signs; Enforcement.
7-5-1 Abandoned signs.
(a) Any sign which provides notice of a special event or of any other temporary purpose which has since occurred shall be deemed to have been abandoned and may be removed by Whitfield County.
(b) Any sign which fails to meet the maintenance requirements of this article shall be deemed to be abandoned and subject to removal if such deficiencies are not corrected within 30 days after a written notice from the Whitfield County Engineer to the owner or tenant with regard to said deficiencies.
7-5-2 Removal of abandoned signs. Signs which are deemed to be abandoned or otherwise determined to be in violation of this article shall be removed by the owner of the sign or owner of the premises within 30 days from the written notice by the Whitfield County Engineer. Any such signs not removed within 30 days from the written notice may be removed by Whitfield County and all costs charged to the owner of the lot or parcel upon which such sign was located, or the owner of the sign itself.
7-5-3 Unsafe sign or sign structure. Should any sign become insecure or in danger of falling or otherwise unsafe in the opinion of the Whitfield County Engineer, the owner or person or firm maintaining the sign shall, upon written notice, within 20 days, remove such sign or secure it in a manner approved by the Whitfield County Engineer. Any such sign not removed or secured within 20 days from such written notice may be removed by Whitfield County and all costs charged to the owner, agent, or person having beneficial interest of the structure or lot or parcel upon which such sign was located, or in the sign itself.
7-5-4 Removal of signs in violation of this article. If any sign is installed, erected, or constructed in violation of this article, the owner or person or firm maintaining the sign shall, upon written notice from the Whitfield County Engineer, within 20 days, remove such sign or bring it into compliance with this article. Any such sign not removed or properly altered within 20 days from the written notice may be removed by Whitfield County and all costs charged to the owner, agent, or person having beneficial interest of the structure or lot or parcel upon which such sign was located, or in the sign itself.
7-5-5 [Discontinued activity, etc.] Any sign which advertises an activity, business product, or service which has ceased operation or production shall be removed within 90 days of the discontinuance of such activity, business product, or service.
(Res. of 1-7-02; Ord. of 7-10-06)
ARTICLE VIII. 8-1 Purpose and Intent of Article.
It is the purpose and intent of this article:
8-1-1 To protect residential areas from the potentially adverse effects of commercial activities associated with home occupations;
8-1-2 To allow residents the reasonable opportunity to utilize their dwelling for the production of or supplementation of family income;
8-1-3 To establish performance criteria and development standards for home occupations.
(Res. of 1-7-02)
8-2 Performance Criteria.
Home occupations shall be allowed only if:
8-2-1 Incidental to the use of the premises as a dwelling;
8-2-2 Compatible with residential use;
8-2-3 No exterior alterations which affect the residential character of the property are necessary.
8-2-4 The use is limited in extent.
(Res. of 1-7-02)
8-3 Standards.
In addition to the requirements of the definition of home occupation set forth in article II of this ordinance, the following standards shall apply to all proposed home occupations:
8-3-1 Home occupations shall not include the employment of any person not residing upon the premises;
8-3-2 All retail sales upon the premises shall be prohibited, except for products or goods fabricated or produced at the premises as a result of the home occupation;
8-3-3 All home occupations shall be conducted within the enclosed living area, including basement, if any, of the dwelling provided that no more than 25 percent of the total enclosed square footage of the dwelling may be used in furtherance of a home occupation;
8-3-4 No products, materials, equipment, fixtures, or machinery fabricated or utilized in the home occupation may be visible from the exterior of the dwelling;
8-3-5 No alteration of the residential appearance of the dwelling shall occur;
8-3-6 No entrance to the dwelling shall be used exclusively for the home occupation;
8-3-7 Signs may be placed upon the exterior or interior of the premises in accordance with article VII of this ordinance;
8-3-8 No increased traffic flow or increased on or off-street parking shall occur;
8-3-9 No hazardous or other materials or equipment adverse to the public health, welfare, safety, or morals shall be utilized in the home occupation;
8-3-10 No increased noise, glare, vibration, fumes, odors, or electrical interference shall occur;
8-3-11 Not more than one noncommercially licensed or titled vehicle with a carrying capacity of no more than one ton shall be utilized in the home occupation. No commercially licensed or titled vehicles shall be utilized in the home occupation.
INTRODUCTION
DEFINITIONS
DISTRICT USES AND REGULATIONS
GENERAL PROVISIONS
SPECIAL USE (OR CONDITIONAL USE) PERMITS
TOWERS AND ANTENNAE
SIGN REGULATIONS
;oh5;
7-1 Standards and Purposes.
HOME OCCUPATIONS
| MHP | R-5 | R-6 | C-1 | C-2 | M-1 | M-2 | |
| Abutting District | Width of Required Buffer | ||||||
| GA | 12' | 12' | 12' | 30' | 30' | 30' | 30' |
| R-1 | 12' | 12' | 12' | 30' | 30' | 30' | 30' |
| R-2 | 12' | 12' | 12' | 30' | 30' | 30' | 30' |
| R-3 | 12' | 12' | 12' | 30' | 30' | 30' | 30' |
| R-4 | None | None | None | 30' | 30' | 30' | 30' |
| R-5 | None | None | None | 30' | 30' | 30' | 30' |
| R-6 | None | None | None | 30' | 30' | 30' | 30' |
| MHP | None | None | None | 30' | 30' | 30' | 30' |
| C-1 | None | None | None | None | None | None | None |
| C-2 | None | None | None | None | None | None | None |
| M-1 | None | None | None | None | None | None | None |
| M-2 | None | None | None | None | None | None | None |
9-1-1 Buffers shall be located within and along the outer perimeter of a lot or parcel along the side and/or rear lot lines. Buffers shall not be located upon any portion of existing, dedicated, or reserved public or private road right-of-way.
9-1-2 No building permit shall issue for any lot or parcel development requiring a buffer until such time as that buffer, as specified herein, shall be substantially in place or until acceptable surety for the cost of the buffer installation shall be provided to the Whitfield County Engineer. Acceptable surety shall consist either of an irrevocable letter of credit from an approved lending institution or a performance bond from an approved insurer in an amount no less than $15.00 per linear foot of area to be buffered. The required buffer must be completed and in place within 30 days before any such surety shall lapse or within six months of the issuance of the building permit, whichever shall occur sooner.
9-1-3 If the required buffer shall not be completed and in place as set forth in subsection 9-1-2 above, then, in such circumstance, the Whitfield County Engineer or designee shall have authority to go upon such areas of the subject parcel as reasonable and necessary to construct the required buffer, utilizing the surety previously provided. Whitfield County shall not be liable for such action unless the Whitfield County Engineer or his or her designee shall act with gross negligence in coming upon and/or damaging such parcel.
(Res. of 1-7-02)
9-2 Passive Use.
A buffer may be used for some forms of passive recreation such as pedestrian, bicycle, or equestrian trails; or a buffer may be used to locate a storm water retention area provided that:
9-2-1 No planted materials shall be eliminated.
9-2-2 The total width of the buffer shall be maintained.
9-2-3 A buffer shall not be used for any active recreational use such as playfields, stables, swimming pools and tennis courts.
(Res. of 1-7-02)
9-3 More Intense Use Must Provide Buffer.
When adjoining properties are zoned in dissimilar use districts, the property within the more intensive use district shall be required to provide the buffer. However, when adjoining vacant parcels are in dissimilar use districts, no buffer is required when the parcel zoned for the less intensive use seeks a building permit.
(Res. of 1-7-02)
9-4 Parcels Adjacent to the City of Dalton.
Whenever a lot or parcel lying within the unincorporated portion of Whitfield County (hereinafter "county property") abuts a lot or parcel lying within the corporate limits of the City of Dalton (hereinafter "city property"), the county property shall be required to provide, within and along such border with the city property, a twelve-foot buffer, as more particularly described and set forth in subsection 9-5-3(a), under the following circumstances only (nothing herein shall have any effect upon any buffer requirement otherwise set forth by this ordinance with regard to other abutting properties lying within the county):
9-4-1 If the county property is located within the M-1, M-2, C-1, C-2, or C-2-C, district and the city property is located within any residential district upon which is located any residential use, including, but not limited to single family dwelling, duplex, triplex, etc., apartment/condominium, or manufactured home park;
9-4-2 If the county property is located within the M-1, M-2, C-1, C-2, or C-2-C, district and the city property is located upon an undeveloped lot or parcel within any residential zone district and for which the future land use map then in force and effect for the City of Dalton calls for such city property to develop residentially at any density level;
9-4-3 If the county property is located within the R-5, R-6, or MHP district and the city property is located within any residential district restricted to single family dwellings only, whether developed or not, and for which the Future Land Use Map then in force and effect for the City of Dalton calls for such city property to develop with low density residential uses;
9-4-4 If the county property is located within the M-1, M-2, C-1, C-2, or C-2-C, district and the city property is then used residential and such residential use is a conforming use pursuant to the city property's zoning district;
[9-4-5 Reserved.]
9-4-6 If the county property is located within the R-5 district and the city property is then used for single family residential purposes only and such single family residential use is a conforming use pursuant to the city property's zoning district;
9-4-7 If the county property is located within the MHP or R-6 district and the city property is then used residentially and such residential use is a conforming use pursuant to the city property's zoning district.
9-4-8 Under circumstances as set forth herein, if the duly-appointed zoning administrator for both the City of Dalton and for Whitfield County shall jointly agree that, because the requirements of this section would require the buffering of like or similar uses at like or similar density levels, or that, because of the existing topography and/or vegetation upon the lot or parcel otherwise required to provide a buffer hereunder, such buffer would be ineffective or unnecessary to the purposes of this article, then such requirement may be waived or amended. If there is no joint agreement between the respective zoning administrators, then the matter shall be submitted to the planning commission for its review and recommendation hereunder, by which both the City of Dalton and Whitfield County agree to abide. Any appeal from the recommendation of the planning commission by the affected landowner or any other person with legal standing to do so, shall be by Writ of Certiorari to the Superior Court of Whitfield County, as otherwise provided herein for appeals from the Whitfield County Board of Zoning Appeals, with no intermediate appeal either to the Whitfield County Board of Commissioners or to the mayor and council of the City of Dalton.
(Res. of 1-7-02; Res. of 5-20-02)
9-5 General Buffer Design.
All buffers required by this article shall conform to the following specifications:
9-5-1 Prior to development, a buffer plan shall be required to show the types and locations of all screening devices within a required buffer. If a site development plan is required, a buffer plan can be incorporated as part of the site development plan.
9-5-2 Landscaping within buffer areas shall be used to screen objectionable views or nuisances, such as parking and service areas, refuse containers, air conditioning units and transformers. Existing on-site plantings may be credited as landscaped open space meeting the requirements of this section if such plant materials achieve the purposes of this section.
(Res. of 1-7-02)
9-6 Specific Buffer Design– Twelve-Foot and Thirty-Foot Buffers.
9-6-1 A required 12-foot buffer shall have not less than a 12-foot base width and shall consist of plantings having year-round foliage, or a fence, or a wall (not otherwise part of a structure or accessory structure), or a berm, or any combination thereof, with a total minimum height of six feet. The required buffer shall provide not less than 90 percent visual blockage. If a buffer consists of plantings only, then said plantings shall be an evergreen species from a list provided by the Whitfield County Engineer, which, under normal growing conditions, will attain a minimum height of six feet within 36 months after planting, but are not required to be at such height upon planting.
9-6-2 A required 30-foot buffer shall have not less than a 30-foot base width and shall consist of plantings having year-round foliage, plus either a fence, or a wall (not otherwise part of a structure or accessory structure), or a berm, or any combination thereof, with a total minimum height of six feet. The required buffer shall provide not less than 90 percent visual blockage.
9-6-3 Screening is a method of visually shielding or obscuring a use from another by fence, walls, berms, or densely planted vegetation. Screening shall provide a year round visual screen from the ground to a minimum of six feet in height. The fence or wall shall be placed on the outer edge of the buffer.
(Res. of 1-7-02)
9-7 Maintenance.
The responsibility for maintenance of a required buffer shall remain with the owner of the property. Maintenance is required to ensure the proper functioning of a buffer as a landscaped area which reduces or eliminates nuisance and/or conflict.
(Res. of 1-7-02)
9-8 Variances.
The requirements of this article may be altered, amended, or waived by the Whitfield County Board of Zoning Appeals, depending upon circumstances, if it is shown by clear and convincing evidence either that the existing topography and/or vegetation will achieve the purposes of the article or that, because of the topography, no required screening device could screen the ground level activities of the more intense use from the ground level activities of the abutting less intense use.
(Res. of 1-7-02)
ARTICLE X. 10-1 Nonconforming Use or Structure.
Any use of land legally established at the time of enactment or subsequent amendment of this ordinance, which would not be permitted as a new use in the zone district in which it is located, or any structure or accessory structure which is legally established at the time of enactment or subsequent amendment of this ordinance and is not built in conformity with the requirements of this ordinance may be continued pursuant to compliance with all of the following limitations:
10-1-1 A nonconforming use may not be changed, altered, or amended to any other nonconforming use.
10-1-2 A nonconforming use may not be re-established after discontinuance of such use for a period of 12 months.
10-1-3 A nonconforming use, structure, or accessory structure may not be enlarged beyond its size at the time it shall become nonconforming. This provision shall include, but shall not be limited to, the size of the building, the use of additional land, or the use of additional or more powerful equipment. Approval for such expansion of a nonconforming use shall require a successful rezoning of the lot or parcel in order to bring such use or parcel into compliance with this ordinance. This provision shall not apply to any residential addition onto an existing nonconforming single family dwelling, provided such addition does not further encroach upon the required setback area. This provision also shall not apply to the replacement of an existing, nonconforming mobile or manufactured home, used for residential purposes with another manufactured home, with the same or fewer bedrooms.
10-1-4 A nonconforming structure may be rebuilt, altered without enlargement or expansion in any sense, repaired, or replaced at a size, use, or impact not larger than the original size and in substantially the same condition for the same use within 12 months following damage or loss to such structure. This provision, however, shall not apply to condemnation or voluntary demolition, the effect of which shall be immediate forfeiture of the nonconforming use upon the affected lot or parcel or portion thereof.
(Res. of 1-7-02; Ord. of 7-10-06)
10-2 Administration by Whitfield County Engineer's Office.
The provisions of this ordinance shall be administered by the Whitfield County Engineer, who is hereby given the authority to perform such functions and/or to designate such other persons as he or she shall deem necessary to administer and to enforce the requirements of this ordinance, including, but not limited to, the issuance of stop work orders, the issuance of citations (in any appropriate form) to the Whitfield County Magistrate Court for violation hereof, and the seeking of injunctive relief in the Whitfield County Superior Court.
(Res. of 1-7-02)
10-3 Fees.
A schedule of permit, application, and/or use fees, as adopted from time to time by the Whitfield County Board of Commissioners, shall be attached hereto as Appendix A.
(Res. of 1-7-02)
10-4 Permit.
It shall be unlawful to commence the excavation or filling of any lot for the construction of any structure or accessory structure or to commence construction of any structure or accessory structure or to commence the moving or alteration of any structure or accessory structure or to commence the development or improvement of land for a use not requiring a structure or accessory structure until the Whitfield County Engineer or designee has issued a permit for all such work relating both to uses permitted upon the lot or parcel and for any structure(s) proposed thereon. Reference is herewith made to the Whitfield County Building Ordinance [chapter 5, article I of the Code of Ordinances] for specific requirements in applying for a permit.
(Res. of 1-7-02)
10-5 Enforcement.
The Whitfield County Engineer, the zoning administrator, the code enforcement officer, or any duly authorized Whitfield County Sheriff's Deputy, or the lawful designee of any such person, shall have the authority to issue citations for violations of this article. Any such person shall investigate every written complaint received which shall charge that a specific lot or parcel is not in compliance herewith.
(Ord. of 7-10-06, § 7)
10-6 Owner, Occupant, or Tenant May be Cited.
An owner, as shown by the records of the Whitfield County Tax Assessor's Office, or any occupant, tenant, or other person in lawful possession of any lot, parcel, or premises determined to be in violation hereof may be cited therefor.
(Res. of 1-7-02)
10-7 Continuing Violation.
Any violation of this ordinance shall be considered a continuing violation, subject to separate citation each day in which such violation remains.
(Res. of 1-7-02)
10-8 Penalties for Violation.
Pursuant to O.C.G.A. § 36-1-20(b), any person convicted of violating this ordinance or any provision thereof shall be sentenced to a maximum fine of $1,000.00 or imprisonment for a term of 60 days, or both.
(Res. of 1-7-02)
10-9 Remedies– Injunctive Relief.
When any structure or accessory structure which is erected, constructed, reconstructed, altered, repaired, converted or maintained; or any structure, accessory structure, land use, or land condition violates any portion of this ordinance, the Whitfield County Engineer or designee may seek injunctive or other equitable relief in any court of competent jurisdiction. Such remedy shall be in addition to, and not in lieu of, any similar remedy which adjacent or neighboring property holders may already have pursuant to the laws of Georgia and shall have no effect thereon.
(Res. of 1-7-02)
10-10 Same– Effect of Noncompliance; Notice and Hearing Before Board of Commissioners.
In addition to any other remedies provided hereunder, so as to promote the health, morals, safety, and general welfare of the residents of Whitfield County, if the owner, occupant, tenant, lessee, and/or any other person in lawful possession of any lot, parcel, or premises shall fail to maintain such parcel in conformity with the provisions of this ordinance, the Whitfield County Engineer, if he or she shall choose to proceed pursuant to the purview of this section, shall notify in writing all such person(s), specifically including, but not limited to, the owner of record, as may be reasonably determined by records contained in the Whitfield County Tax Assessor's Office, by certified mail, return receipt requested, that such person(s) shall have 30 days from receipt of such notice in which to bring such lot, parcel, or premises into conformity with the provisions of this ordinance. If such notice shall be returned "unclaimed" or is otherwise undeliverable, then notice by publication in the Dalton Daily Citizen once a week for four consecutive weeks shall constitute due and proper notice as of the date of the fourth publication. Notice, whether by mail or by publication, shall advise with reasonable specificity the condition(s) which do not comply with the provisions of this ordinance. Such notice shall further advise that if no response is forthcoming within 30 days, the Whitfield County Engineer shall cause such matter to be placed upon the agenda of the next regularly scheduled meeting of the Whitfield County Board of Commissioners for public hearing. At such hearing, the Whitfield County Engineer shall advise the board of commissioners of the unlawful condition(s) thereon and then the board shall hear any other person(s) wishing to address the board with regard to the condition of the lot, parcel, or premises. The board of commissioners shall then determine whether Whitfield County shall cause such condition(s) to be brought into compliance with the provisions of this article, as the particular facts may warrant, and whether it shall cause the costs of such efforts by Whitfield County to be charged against the lot or parcel upon which the condition existed as a real property lien and/or cause to be levied as a special tax against the land upon which such conditions existed and/or to recover such costs in an action at law against the owner of such lot or parcel.
(Res. of 1-7-02)
10-11 Conflict with Other Laws.
Whenever the regulations of this ordinance require a greater width or size of yards, building, or smaller number of stories, or require a greater percentage of a lot to be left unoccupied, or impose other more restrictive standards than are required in or pursuant to any other statute, law, rule, or regulation, the requirements of this ordinance shall govern. Whenever the provisions of any other statute require more restrictive standards than are required by this ordinance, the provisions of such statute shall govern.
(Res. of 1-7-02)
10-12 Separability.
Should any section or provision of this ordinance be declared by any court of competent jurisdiction to be unconstitutional or invalid, such declaration shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.
(Res. of 1-7-02)
10-13 Repeal of Conflicting Ordinances.
All ordinances and parts of ordinances in conflict herewith are repealed.
(Res. of 1-7-02)
ARTICLE XI. 11-1 Creation of the Board of Zoning Appeals.
A board of zoning appeals is hereby created for the purpose of reviewing the administration of this ordinance by the Whitfield County Engineer, and for other purposes.
ADMINISTRATION, ENFORCEMENT, AND PENALTIES
BOARD OF ZONING APPEALS
| PERMITTED USES | ADDITIONAL REQUIREMENT SECTION | PERMITTED ZONES |
| Accessory Uses | 3-9-19 | All zoning districts where principal use is allowed |
| Residential: | ||
| Bed and Breakfast Home | 3-9-22 | GA, R-1, R-5, R-6, C-1, C-2 |
| Bed and Breakfast Inn | 3-9-22 | R-5, R-6, C-2 |
| C-2, M-1, M-2 | ||
| (Special Use) | GA | |
| R-3, R-5, R-6 | ||
| R-5, R-6 | ||
| R-6 | ||
| Dwelling, Townhouse/Condominium | 4-11 | R-5, R-6 |
| R-1, R-2, R-4 | ||
| GA, R-3, R-5, R-6, MHP | ||
| Dwelling, Zero-Lot Line Single-Family | 3-9-29 | R-4 |
| R-6 | ||
| Garage Sales | 3-9-18 | GA, R-1, R-2, R-3, R-4, R-5, R-6, MHP, C-1, C-2, M-1, M-2 |
| Group Home | GA, R-1, R-2, R-3, R-5, R-6 | |
| Nursing Home | C-1, C-2 | |
| Rooming and Boardinghouse | R-5, R-6 | |
| Rooming and Boardinghouse | (Special Use) | GA |
| Commercial-Retail: | ||
| Antique Shop | C-1, C-2 | |
| Apparel and Accessory Store | 3-9-11 | C-1, C-2 |
| Appliance Sales and Repair | C-2 | |
| Auto and Truck Sales, Service | 3-9-1 | C-2 |
| Bait Shop | C-1, C-2 | |
| Bakery, Pastry Shop | C-1, C-2 | |
| Boat Sales, Service and Repair | C-2, M-1 | |
| Books, Cards/Stationary Store | C-1, C-2 | |
| C-2, M-1, M-2 | ||
| Carpet and Rug Sales | C-2, M-1, M-2 | |
| 3-9-1 and 3-9-10 | C-1, C-2, M-1, M-2 | |
| 3-9-10 | C-1, C-2, M-1, M-2 | |
| Curio and Souvenir Shop | C-1, C-2 | |
| Drug Stores, Pharmacies | 3-9-11 | C-1, C-2 |
| Fast Food, Drive-in | C-2, M-1, M-2 | |
| Fast Food, Without Drive-thru | C-1, C-2, M-1, M-2 | |
| Flea Market | 3-9-3 | C-2 |
| Florist Shop | C-1, C-2 | |
| C-2, M-1, M-2 | ||
| Garden, Landscaping Supplies | C-1, C-2 | |
| Gasoline Station w/Auto Services | 3-9-1 | C-2, M-1, M-2 |
| Grocery/General Merchandise Store | 3-9-11 | C-1, C-2 |
| Hardware, Paint and Wallpaper Store | 3-9-11 | C-1, C-2 |
| Hobby, Toy and Game Store | C-1, C-2 | |
| Jewelry Store | C-1, C-2 | |
| Liquor-Beer-Wine, Package Sales | C-1, C-2 | |
| Mailbox Services | C-1, C-2 | |
| Office Supplies | 3-9-11 | C-1, C-2 |
| Quick Print and Copy Services | C-1, C-2 | |
| Restaurant, Cafeteria | 3-9-15 | C-1, C-2 |
| Retail Outlets, Discounted Merchandise | C-2 | |
| Retail Stores, General Merchandise | 3-9-11 | C-1, C-2 |
| Shoe Repair | C-1, C-2 | |
| Shopping Center, Planned | 3-9-16 | C-1, C-2 |
| Specialty Food Store | C-1, C-2 | |
| Tanning Salon | C-1, C-2 | |
| Tire Sales and Service | C-2, C-2C | |
| C-2 | ||
| Commercial-Service/Entertainment: | ||
| Adult Entertainment | 3-9-5 | C-2 |
| Amusement Park | 3-9-4 | C-2 |
| Athletic/Health Club Facilities | 3-9-11 | C-1, C-2 |
| Automobile Repair and Body Shop | 3-9-1 | C-2 |
| Bank Automatic Teller Machine (ATM) | C-1, C-2, M-1, M-2 | |
| Bank or Financial Institution, Full Services | 3-9-11 | C-1, C-2 |
| Bar, Cocktail Lounge, Tavern, Night Club | C-2 | |
| Barber Shop, Beauty Salon | C-1, C-2 | |
| Bowling Alley | C-2 | |
| Bus Station | C-2 | |
| Car Wash-Manual or Automatic | C-1, C-2, M-1, M-2 | |
| Carpet Cleaning Store | C-2 | |
| Clinic, Public or Private | C-2 | |
| Funeral Home, Mortuary | C-2 | |
| Game Room, Arcade | 3-9-11 | C-1, C-2 |
| Hotel, Motel, Motor Lodge | C-2 | |
| Laboratory Research Facilities | C-2, M-1, M-2 | |
| Laundry, Coin-Operated | 3-9-11 | C-1, C-2 |
| Laundry, Commercial Services | C-2, M-1, M-2 | |
| Laundry, Pick-up and Dry Clean Services | 3-9-12 | C-1, C-2, M-1, M-2 |
| Machinery Sales, Service and Repair | C-2, M-1, M-2 | |
| Miniature Golf Course | C-2 | |
| Office, Business and Professional | 3-9-13 | C-1, C-2, M-1, M-2 |
| Parking Lot or Garage, Commercial | C-2, M-1, M-2 | |
| Pet Shop and Dog Grooming Shop | C-1, C-2 | |
| Print Shop | C-2, M-1, M-2 | |
| Race Tracks, Motor Vehicle | (Special Use) 3-9-4 | GA, C-2 |
| Repair Service, General Merchandise | C-2 | |
| 3-9-1 | C-2, M-1, M-2 | |
| Shooting Gallery, Indoor | C-2 | |
| Studio for Art, Photography and Similar Uses | C-1, C-2 | |
| Swimming Pool | (Special Use) 4-12 | C-1, C-2 |
| Theater, or Similar Place of Entertainment | C-2 | |
| Truck Terminals, Freight Handling | M-1, M-2 | |
| Truck Terminals, Freight Handling | (Special Use) | C-2 |
| Veterinary Clinic/Animal Hospital Grooming House | C-2 | |
| Video Sales and Rental | C-1, C-2 | |
| Vocational School | C-2 | |
| Vocational School | (Special Use) | C-1 |
| Woodworking, Cabinet-making | C-2, C-2C, M-1, M-2 | |
| Industrial-Storage/Warehousing Wholesale Trade: | ||
| Boat Storage | C-2, M-1, M-2 | |
| Bottle Gas, Storage and Distribution | C-2, M-1, M-2 | |
| C-2, M-1, M-2 | ||
| Equipment Rental, Industrial | C-2, M-1, M-2 | |
| C-2 | ||
| Industrial Park, Planned | M-1, M-2 | |
| Junk Yard, Salvage Yard | (Special Use) 3-9-2 | M-1, M-2 |
| Landfill, Solid Waste | (Special Use) 3-9-23 | GA |
| Landfill, Inert | (Special Use) 3-9-24 | GA |
| C-2, M-1, M-2 | ||
| Petroleum Products, Bulk Storage Tank | (Special Use) | M-1, M-2 |
| Storage Warehouse | C-2, M-1, M-2 | |
| Storage Yard, Equipment | C-2, M-1, M-2 | |
| Transfer Station, Solid Waste | (Special Use) 3-9-25 | GA, M-1, M-2 |
| GA, R-1, R-2, R-3, R-4, R-5, R-6, MHP, C-1, C-2, C-2C, M-1, M-2 | ||
| C-2, C-2C, M-1, M-2 | ||
| M-1, M-2 | ||
| Wholesale/ Warehouse/Distribution Facilities | C-2, M-1, M-2 | |
| Wrecker Services, Temporary Storage | C-2, M-1, M-2 | |
| Industrial-Manufacturing Establishment/Processing: | ||
| Acid Manufacturer | (Special Use) | M-2 |
| Advertising Display, Sales and Manufacture | M-1, M-2 | |
| Bottling Plant | M-1, M-2 | |
| Cement, Lime, Gypsum Manufacture | (Special Use) | M-2 |
| Concrete/Stone Cutting, Fabrication | M-1, M-2 | |
| Crematorium | M-2 | |
| Explosive Manufacture or Storage | (Special Use) | M-2 |
| Hazardous Wastes Handling and Processing | (Special Use) 3-9-26 | M-2 |
| Ice, Sales and Manufacture | M-1, M-2 | |
| Machine Shop, Fabrication and Welding | C-2, M-1, M-2 | |
| Manufacturing Establishment, Heavy | M-2 | |
| Manufacturing Establishment, Light | M-1, M-2 | |
| (Special Use) | GA, M-2 | |
| Paper or Paper Pulp Manufacturing | (Special Use) | M-2 |
| Paving, Concrete and Asphalt Plant | (Special Use) | M-2 |
| Printing, Publishing and Sampling | C-2, M-1, M-2 | |
| Refining of Petroleum or Petroleum Products | (Special Use) | M-2 |
| Public/Institutional: | ||
| Ambulance Services | C-2, M-1, M-2 | |
| Art Gallery | C-1, C-2 | |
| Auditorium, Assembly Hall, Civic Center | C-2 | |
| Camp, Private | (Special Use) 3-9-30 | GA, R-2, R-3 |
| Cemetery, Columbarium, and Mausoleum | 3-9-17 | GA, R-1, R-2, R-3, C-2 |
| Churches | (Special Use) | GA, R-1, R-2, R-3, R-4, R-5, R-6, C-1, C-2 |
| Club and Lodges | C-1, C-2 | |
| College/University or Jr. College | (Special Use) | GA, R-6, C-2 |
| Convent and Monastery | C-2 | |
| Convent and Monastery | (Special Use) | GA, R-5, R-6 |
| Cultural Facilities | C-1, C-2 | |
| Day Care Center/Congregate Personal Care | 3-9-9 | C-2, M-1 |
| Day Care Center/Congregate Personal Care | (Special Use) | R-5, R-6, C-1 |
| Family Day Care/Family Personal Care | GA, R-1, R-2, R-3, R-4, R-5, R-6 | |
| Group Day Care/Group Personal Care | C-1, C-2 | |
| Group Day Care/Group Personal Care | (Special Use) | R-5, R-6 |
| Government Buildings | C-2, M-1, M-2 | |
| Government Buildings | (Special Use) | GA, R-1, R-2, R-3, R-5, R-6, C-1 |
| Hospital, Health and Medical Institution | C-2 | |
| Library | C-2 | |
| Museum | C-1, C-2 | |
| Recycling Center(w/processing facilities) | C-2, M-1, M-2 | |
| Recycling Collection Station | C-2, M-1, M-2 | |
| School, Public, Private or Parochial | (Special Use) | GA, R-1, R-2, R-3, R-5, R-6, C-2 |
| Transportation/Communication/Utilities: | ||
| Airports, Public and Private | (Special Use) | GA, C-2, M-1, M-2 |
| Electrical Generation Facility | (Special Use) | GA, C-2, M-1, M-2 |
| Helicopter Landing Area | (Special Use) | GA, C-2, M-1, M-2 |
| Radio, TV, Cellular, Communication Tower | Article 6 | C-1, C-2, M-1, M-2 |
| Radio, TV, Cellular, Communication Tower | (Special Use) Article 6 | GA, R-1, R-2, R-3, R-4, R-5, R-6 |
| Railroad Station | C-2, M-1, M-2 | |
| (Special Use) | GA, R-1, R-2, R-3, R-4, R-5, R-6, MHP, C-1, C-2, M-1, M-2 | |
| Utility Facilities | GA, R-1, R-2, R-3, R-4, R-5, R-6, MHP, C-1, C-2, M-1, M-2 | |
| Water Treatment Facilities | (Special Use) | GA, R-1, R-2, R-3, R-4, R-5, R-6, MHP, C-1, C-2, M-1, M-2 |
| Park/Recreation/Conservation: | ||
| Baseball Batting Cages | C-2 | |
| Golf Courses and Club Houses | C-2 | |
| Golf Courses and Club Houses | (Special Use) | GA, R-1, R-2, R-3 |
| Golf Driving Ranges | C-2 | |
| Golf Driving Ranges | (Special Use) | GA, R-1, R-2, R-3 |
| Park with Recreational Facilities | 3-9-14 | C-1, C-2, M-1, M-2 |
| Park with Recreational Facilities | (Special Use) 3-9-14 | GA, R-1, R-2, R-3, R-5, R-6, MHP |
| RV Park, Campground | 3-9-28 | GA, C-2 |
| Shooting Range, Outdoor | (Special Use) | GA |
| Agriculture/Forestry: | ||
| Farming | ||
| Crop Production Only | GA, R-3 | |
| Horticulture | GA, C-2 | |
| Animal Husbandry | 3-9-6 | |
| Dairies | GA, R-3 | |
| Livestock Raising | GA, R-3 | |
| Poultry and Egg Operations | GA, R-3 | |
| Fish Hatcheries | GA, R-3 | |
| Riding Stables and Academies | GA, R-3 | |
| Stock Yards | GA | |
| 3-9-7 | GA, R-1, R-2, R-3 | |
| Animal Breeding | GA | |
| Kennel, Boarding and Breeding | GA, C-2 | |
| Agriculture Related Industry | ||
| GA, M-1, M-2 | ||
| Fur Farm | GA | |
| (Special Use) | GA, M-1, M-2 | |
| Saw Mill, Lumber Yard | GA, C-2, M-1, M-2 | |
| Agri-business | ||
| C-2, M-1, M-2 | ||
| Farmer's Market | 3-9-3 | C-2 |
| Farmer's Market | (Special Use) | GA |
| Holiday Tree Farm | 3-9-20 | GA |
| Holiday Tree Farm | C-2, M-2 | |
| Holiday Tree Lot (Temporary) | 3-9-21 | C-1, C-2 |
| Livestock Sales or Auction Facilities | C-2 | |
| Livestock Sales or Auction Facilities | (Special Use) | GA |
| Nursery and Greenhouse (Wholesale) | GA, C-2 | |
| Nursery and Greenhouse (Retail) | 3-9-11 | C-1, C-2 |
| Produce Stand (No Permanent Structures) | GA, C-1 | |
| Produce Stand (Permanent Structures) | 3-9-3 | C-1, C-2 |
| Taxidermy | C-2 | |
(Res. of 1-7-02; Ord. of 8-13-07, §§ 5,6)
APPENDIX A
PERMIT, APPLICATION AND OTHER LAND DEVELOPMENT FEES FOR WHITFIELD COUNTY
| LAND DEVELOPMENT TYPE | FEE |
| REZONING REQUEST | $200 |
| SPECIAL USE PERMIT REQUEST | $50 |
| VARIANCE REQUEST | $50 |
| MAJOR SUBDIVISION PLAT REVIEW | $100 + $2 per lot |
| MINOR SUBDIVISION PLAT REVIEW | $30 + $1 per lot |
| EXEMPT SUBDIVISION PLAT REVIEW | $20 |
| LAND DISTURBANCE PERMIT | $40 per disturbed acre |
| STORM WATER MANAGEMENT PLAN REVIEW | Fee to be determined by Plan Reviewer Fee paid by developer directly to Plan Reviewer |
| STORM WATER PERMIT | $250 |
APPENDIX B
RECORD OF AMENDMENTS TO DECEMBER 14, 1993, ZONING ORDINANCE
| Date of Change | Amendments |
| October 25, 1994 | Adopted Changes to Zoning Map |
| September 27, 1994 | 4.1-10 |
| 5.10 | |
| 6.15-9 | |
| 6.5-6 | |
| Adopted Permitted Use Table | |
| March 28, 1995 | 4.3 |
| 5.9 | |
| 5.10 | |
| 6.1-5– 6.1-7 | |
| 6.2 | |
| 6.3-2 | |
| 6.5-6(7), (8) | |
| 6.13(d), (e) | |
| 6.15-10– 6.15-15 | |
| 6.17(d) | |
| 6.18-4 | |
| 7.4 | |
| 7.13-8 | |
| 9.3(g)(1) | |
| 9.4(d), (e) | |
| 14.1-1 | |
| 14.3 | |
| 14.3-1 | |
| 14.6-5 | |
| 15.3 | |
| 15.4-1 | |
| Permitted Use Table | |
| May 9, 1995 | 9.3-4 |
| June 13, 1995 | 11.4-3 |
| September 12, 1995 | 9.3(g)3 |
| October 10, 1995 | 9.3(g)3, 7 |
| Procedures and Standards: | |
| § 1-6.2(iii) | |
| December 12, 1995 | Definitions: |
| Subdivision | |
| March 12, 1996 | Permitted Use Table |
| 6.15-6 | |
| 6.15-12 | |
| May 14, 1996 | Definitions: |
| Dwelling, one-family, | |
| Dwelling unit, | |
| Hotel, | |
| Motel, | |
| Motel lodge | |
| 6.5-6(7) | |
| Permitted Use Table | |
| June 11, 1996 | 14.1 |
| Permitted Use Table | |
| August 13, 1996 | Procedures and Standards: |
| § 1-4.4 | |
| § 1-8.1 | |
| § 1-9.1 | |
| September 10, 1996 | Definitions: |
| Dwelling, zero lot line | |
| 6.1-3 | |
| 6.4(a), (c) | |
| 6.4-1(b)– (g) | |
| 6.4-2 | |
| 6.5-6(7) | |
| 6.21 | |
| 11.1 | |
| 11.4-3(b) | |
| Permitted Use Table | |
| October 8, 1996 | Definitions: |
| Cemetery, | |
| Columbarium, | |
| Mausoleum | |
| 6.15-18 | |
| Permitted Use Table | |
| February 11, 1997 | 7.6(d) |
| 15.5 | |
| August 12, 1997 | Definitions: |
| Garage sale, | |
| Junk vehicles | |
| 6.15-19 | |
| Permitted Use Table | |
| February 10, 1998 | Art. 6A |
| 6.18– 6.18-3 | |
| 11.1– 11.1-3 | |
| 11.4-3(a)– 11.4-4 | |
| 11.6 | |
| 14.6– 14.8 | |
| Permitted Use Table | |
| June 8, 1998 | Art. 16 |
| 5.9 | |
| 6.15-9 | |
| 14.9– 14.11 | |
| August 10, 1998 | Definition: |
| Sewage management system, on-site | |
| 6.5-6(7) | |
| 7.10(a)(1), (2) | |
| 7.13-1(c), (d) | |
| App. C | |
| September 14, 1998 | 9.3(i) |
| Permitted Use Table | |
| October 12, 1998 | 6.5(a) |
| Procedures and Standards: | |
| §§ 1-5.1– 1-5.2 | |
| § 1-6.1 | |
| § 1-6.1(iii) | |
| §§ 1-7– 1.8 | |
| § 1-9.2 | |
| §§ 1-9.4– 1-9.5 | |
| §§ 1-11.1– 1-11.3 | |
| § 1-12 | |
| February 8, 1999 | Definition: |
| Subdivision | |
| 6.1-2 | |
| Procedures and Standards: | |
| § 1-9.1 | |
| § 1-9.5 | |
| April 12, 1999 | Definitions: |
| Accessory use, | |
| Assisted living home, | |
| Day care facility, | |
| Family day care home, | |
| Group day care home, | |
| Day care center, | |
| Adult day care home, | |
| Home occupation, | |
| Kennel, | |
| Nursing home, | |
| Personal care home, | |
| Family personal care home, | |
| Group personal care home, | |
| Congregate personal care home, | |
| Principal use, | |
| Rooming house/boarding house | |
| 6.1-1– 6.1-12 | |
| Art. 10 | |
| Permitted Use Table | |
| October 10, 1999 | Definition: |
| Structure | |
| 6.4-2 | |
| 6.5 | |
| 6.5-1– 6.5-9 | |
| 6.15-20 | |
| Permitted Use Table | |
| November 8, 1999 | 14.2 |
| 14.8– 14.12 | |
| January 10, 2000 | 11.1-2 |
| 11.3-2 | |
| 11.3-3 | |
| February 14, 2000 | Definition: |
| Junk vehicle | |
| Art. 6A | |
| Procedures and Standards | |
| April 10, 2000 | Art. 15 |
| App. D | |
| May 15, 2000 | 6.5-1 |
| 16.8-2 | |
| 16.8-3 | |
| October 9, 2000 | Definitions: |
| Bed and breakfast home, | |
| Bed and breakfast inn, | |
| Holiday tree and produce farm, | |
| Holiday tree lot, temporary, | |
| Lot width, curvilinear street | |
| 6.15-21– 6.15-23 | |
| 7.10(a)(1) | |
| 14.7 | |
| Permitted Use Table | |
| February 12, 2001 | Permitted Use Table |
| March 12, 2001 | Definition: |
| Utility facilities | |
| 6.15-5 | |
| Permitted Use Table | |
| January 7, 2002 | New zoning map and substantial amendments to text adopted |
| Permitted Use Table | |
| February 23, 2004 | Definition: |
| Open space | |
| 3-1-14 | |
| 3-10 | |
| 3-7-1 | |
| 3-7-2 | |
| September 13, 2004 | Definition: |
| Accessory structure | |
| 4-5 | |
| 4-12 (Rpld) | |
| 7-3-2(d) | |
| App. A | |
| December 12, 2005 | Procedures and Standards |
| Section 1-8.3 | |
| July 10, 2006 | 3-1-14 |
| 4-14-4 | |
| 5-3 | |
| 10-1-3 | |
| 10-5 | |
| Appendix "D" Article II Section (2)(e) | |
| Permitted Use Table | |
| January 9, 2007 | DEFINITION |
| "Convenience Center" | |
| "Solid Waste Handling Facility" | |
| "Transfer Station" | |
| 3-9-23 through 3-9-30 | |
| Permitted Use Table | |
| April 9, 2007 | Appendix "A" |
| August 13, 2007 | DEFINITIONS |
| "Dwelling, Two-Family" | |
| "Recycling Center" | |
| 3-9-2(a) | |
| 3-9-2(c) | |
| Permitted Use Table |
APPENDIX C
RULES FOR COUNTY HEALTH DEPARTMENT
SECTION 290-5-26-.04 Minimum Lot Sizes or Land Area Required.
(1) Lot Size
(a) To provide for orderly and safe development utilizing on-site sewage management systems, minimum lot sizes have been established. These lot sizes permit flexibility to suit soil conditions, topography and ground or surface water limitations. The following shows the minimum lot sizes based on soil groups. Larger lot sizes may be required to meet the requirements of these rules in some circumstances.
| SOIL GROUPING* | ||||||
| SLOPE CLASS | SLOPE % | 1 | 2 | 3 | 4 | 5 |
| AB | 0-5 | 30,000 | 39,000 | 48,000 | 51,000 | 60,000 |
| C | 5-15 | 33,000 | 42,000 | 51,000 | 54,000 | 66,000 |
| D | 15-25 | 36,000 | 45,000 | 54,000 | 57,000 | N/A |
| E | 25-35 | 39,000 | 48,000 | 57,000 | 60,000 | N/A |
* Refer to Table CT-2 Georgia Department Human Resources Manual for On-site Sewage Management Systems.
(b) Where on-site sewage management systems and community or public water is used, minimum lot sizes may be reduced by up to 50%.
(c) The lot sizes in (1)(a) are for single-family residences. The square footage for multifamily residences shall be increased by 25% per unit.
APPENDIX D
BY-LAWS OF COUNTY BOARD OF ZONING APPEALS
ARTICLE I PURPOSE
In accordance with Section 15.2 of the Whitfield County Zoning Ordinance and with The Constitution of the State of Georgia, 1983, as amended, and for the purpose of ensuring that Due Process is afforded to persons when Whitfield County, through the zoning power, regulates and/or limits the use of property or when it shall appear that the strict observance of all provisions of the Whitfield County Zoning Ordinance shall create an undue hardship to any person and that a wavier therefrom would not harm the health, safety, morals, convenience, order, prosperity, or general welfare of the citizens of Whitfield County, the Whitfield County Board of Zoning Appeals (hereinafter "the Board") is hereby created.
The Board shall provide the exclusive forum for individuals to obtain de novo review of any decision, interpretation, or application of the Whitfield County Zoning Ordinance by an authorized representative, officer, or agent of the Whitfield County Zoning Administrator's Office from which such person may seek relief. It is the intention of the Board that it afford a full, fair, thorough, and open hearing to all persons.
ARTICLE II POWERS
The Board is hereby authorized to take the following actions in the furtherance of the purpose set forth in Article I above:
(1) To hear and to decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by any authorized representative, officer, or agent of the Whitfield County Zoning Administrator's Office. Amy such reversal shall be based upon reliable evidence adduced at the hearing, provided for in article VI below, that such decision was erroneous under the facts as the Board finds them to be and under the board's reasonable interpretation of the provisions of the article;
(2) To authorize, upon appeal in specific cases, such variance from the terms of the Whitfield County Zoning Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the ordinance will, in such individual case, result in unnecessary hardship, so that the spirit of the Whitfield County Zoning Ordinance shall be observed, public welfare and safety secured, and substantial justice done. In order to grant a variance from the requirements of the Whitfield County Zoning Ordinance, the board must find that all of the foregoing conditions are met:
(a) There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography;
(b) The application of this article to the particular piece of property would create an unnecessary hardship;
(c) Such conditions are peculiar to the particular piece of property involved;
(d) Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this article, provided, however, that no variance may be granted for the use of land or building or structure which is prohibited by this article.
(e) The applicant provides either formal or informal written evidence that the intended use, if a variance were granted, would be allowed, either by the Whitfield County Health Department or Dalton Utilities, as applicable, with respect to wastewater treatment.
(Ord. of 7-10-06, § 8)
ARTICLE III COMPOSITION OF BOARD
Section 1. The board shall consist of seven members, all of whom shall serve at the pleasure of the Whitfield County Board Of Commissioners.
Section 2. All members of the board shall reside principally within Whitfield County.
Section 3. Each board member shall be appointed by the Whitfield County Board of Commissioners to serve overlapping three year terms (and thereafter until a successor is appointed). Each member may be reappointed for successive terms or replaced at the conclusion of his or her term, in the sole discretion of the Whitfield County Board of Commissioners.
Section 4. Any board member shall be removable for cause by the Whitfield County Board of Commissioners, following notice to such board member and a public hearing at a meeting of the board of commissioners.
Section 5. No board member shall hold any other public office within Whitfield County, except that up to one board member may also be a member of the Dalton-Whitfield County Planning Commission and up to one board member may also be a member of the on-site sewage management appeals board of the Whitfield County Board of Health.
Section 6. At least one board member shall be a real estate developer or building contractor, and at least one board member shall be a professional engineer or registered land surveyor.
(Mo. of 1-13-03)
ARTICLE IV MEETINGS
Section 1. A meeting of the board shall occur not more than 45 days from receipt by the board of a properly completed appeal request. Notice of the meeting date shall be provided to the individual appellant not later than 15 days prior to the meeting date by regular United States Mail at the address shown upon the appeal request.
Section 2. A special called meeting of the board may be called by any member of the board upon not less than seven days' written notice to the other board members and to the code administrator, with a brief explanation of the purpose of the special called meeting. If a special called meeting involves an individual appellant, such individual shall receive no less than seven days' written notice as well.
Section 3. A quorum of at least four members of the board must be present to hear any appeal and to render a decision. A majority of the quorum which is present shall be entitled to take action either to grant a variance hereunder or to deny such a request, even if such majority of the quorum which is present does not constitute a majority of the entire membership of the board.
Section 4. Voting on all matters shall be by voice or by show of hands, as determined by the chair.
Section 5. The conduct of the meeting shall be governed by Robert's Rules of Order, or the latest revision thereof.
Section 6. All meetings of the board shall comply fully with the Georgia Open Meetings Act and shall be open to the public.
Section 7. All meetings of the Board shall take place at the Conference Room of the Whitfield County Building, Zoning and Development Office, unless changed by the chair, at such time as is designated by the chair.
ARTICLE V OFFICERS/RECORDS
Section 1. The board will elect at its first meeting of each calendar year a chair and vice-chair to serve a one year term as such.
Section 2. In the absence of the chair, the vice-chair shall serve as acting chair. The chair or acting chair shall preside over the board's meetings and shall serve as its executive officer.
Section 3. The chair or acting chair shall have the ability to make any motion, to second any motion, and to vote upon any matter before the board.
Section 4. It shall be the responsibility of the Whitfield County Code Administrator or his or her designee, serving as an ex-officio member of the board generally to serve as secretary for the board. The duties of the secretary shall include, but not be limited to, the responsibility to record the minutes, including all votes, of each board meeting and including an audio tape of sufficient clarity and quality for transcription of all testimony before the board and deliberations of the board for any appeal therefrom.
ARTICLE VI APPEAL PROCEDURE
Section 1. Any person having a legal interest in affected property, or his or her attorney-in-fact, shall have standing to file an appeal request to this Board. The appeal shall be filed on forms provided by the Whitfield County Building, Zoning and Development Office. The Whitfield County Building, Zoning and Development Office may charge the appellant a reasonable fee for the filing of such appeal, so as to defray the costs of advertisement. Any such fee shall be paid with the filing of the notice of appeal.
Section 2. The request for an appeal shall be either hand delivered or mailed and received by the Whitfield County Building, Zoning and Development Office on or before the 30th day following the denial of a permit. Proof of receipt by the Building, Zoning and Development Office shall constitute a return receipt green card from the U. S. Postal service showing the delivery date or other evidence of receipt from a common carrier, such as Federal Express or United Parcel Service. If the request for an appeal is hand delivered, then the Building, Zoning and Development Office shall provide to the appellant a date stamped copy of the request for an appeal.
Section 3. If the 30th day falls upon a Saturday, Sunday, or legal holiday, then the appeal shall be due on the next business day upon which the Zoning Building, Zoning and Development Office is open to the public.
Section 4. An appeal not received by the Whitfield County Building, Zoning and Development Office on or before the 30th day following decision or determination shall be considered untimely and shall be automatically denied.
Section 5. A timely-filed Appeal shall stay all legal proceedings in furtherance of the action from which the Appeal is taken unless the Whitfield County Code Administrator shall certify by sworn affidavit, a copy of which shall be provided to the Appellant, that a stay would cause imminent peril to life and/or property. In such circumstance, there shall be no stay unless ordered by any court of competent jurisdiction.
Section 6. At least 15 days but not more than 45 days prior to the public hearing date, a written notice shall be published in a newspaper of general circulation within the territorial boundaries of Whitfield County, State of Georgia, setting forth the time, place, and purpose of the hearing. In addition, a sign shall be placed in a conspicuous location upon the lot or parcel for which a variance is sought, setting forth the time, place, and purpose of the public hearing. Acts of vandalism or natural occurrences limiting the effectiveness of such notice shall not invalidate any proceeding or action taken upon the proposed variance.
Section 7. The appellant may represent himself or herself before the board or may be represented by an attorney at law, a registered land surveyor, and/or other engineers or professionals, as he or she deems appropriate or helpful. The appellant may not be represented by a lay person unless such person shall be the appellant's attorney-in-fact.
Section 8. The order of proceeding shall be as follows: An authorized representative of the Whitfield County Building, Zoning and Development Office shall first present all of his or her reasons for the order, requirement, decision, or determination being appealed. In presenting said reasons, such representative shall present all of his or her findings of fact and conclusions of law which form the bases for said decision. The individual appellant (or, if represented by counsel, his or her attorney) may cross-examine such person, as desired. Then the individual appellant shall present his or her grounds for requesting a waiver or variance, calling witnesses if desired. The representative of the Building, Zoning and Development Office (or the county attorney, if present) may cross-examine any witness, as desired. Any member of the board may question any witness at any point during the proceeding. Following all witnesses, either side may present rebuttal testimony. At the conclusion of the evidence, the chair shall give both sides an opportunity to summarize briefly.
Section 9. Hearings before the board shall not be governed by the strict rules of evidence as in a court of law, though the chair shall be empowered to disallow any evidence or testimony deemed by him or her to be irrelevant, speculative, or otherwise inappropriate to the issues being heard. Any remark amounting to an attack upon the character or personal integrity of another individual or comment not actually supportable or comment in the form of an emotional outburst shall be non-germane to the purpose of the hearing and shall be ruled out of order by the chair. The chair shall have the authority to remove or censure any person who continues to make such comments or who is otherwise disruptive to the hearing process.
(Mo. of 4-21-03)
ARTICLE VII
DECISIONS
Section 1. The deliberation and vote by the board must be made in open session, either upon motion and second at the meeting at which an appeal is presented or at any subsequent special or regular meeting of the board. The board shall make a decision no later than 30 days following the initial hearing upon any appeal.
Section 2. The appellant shall be notified in writing at the address provided in the appeal within 15 days of the decision by the board.
Section 3. Should the individual appellant wish to appeal the board's decision, he or she must do so by Writ of Certiorari directly to the Whitfield County Superior Court. There shall be no intermediate appeal to the Whitfield County Board of Commissioners or to any other administrative body.
ARTICLE VIII
MISCELLANEOUS
Section 1. Severability. Should any section or provision of these by-laws be declared by a court of competent jurisdiction to be unconstitutional or invalid for any reason, such declaration shall not affect the validity of these by-laws as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.
Section 2. These by-laws shall be read and construed in conjunction with all provisions contained within the Whitfield County Zoning Ordinance. These by-laws have been created subsequent to the initial adoption of the Whitfield County Zoning Ordinance. To the extent that any provisions of article 15 of the Whitfield County Zoning Ordinance and these by-laws shall conflict, these by-laws shall control.
Section 3. These by-laws shall take effect and be enforced from and after their adoption, the public welfare of Whitfield County, Georgia requiring it.
Section 4. The by-laws shall be construed in accordance with Georgia law.
APPENDIX E
ZONING PROCEDURES AND STANDARDS ORDINANCE
An Ordinance of Whitfield County, Georgia establishing minimum procedural regulations, notice of public hearings, conduct of public hearings, standards, and factors, governing the zoning power of Whitfield County, Georgia and repealing all conflicting resolutions, Ordinances, and Amendments thereto, and for other purposes.
(Ord. of 7-10-06)
SECTION 1-1 PREAMBLE AND ENACTMENT CLAUSE:
For the purpose of insuring that due process is afforded to the general public of Whitfield County, Georgia, when Whitfield County, Georgia, regulates the use of property through the exercise of zoning power, and pursuant to the authority and mandates of Chapter Sixty-Six of Title Thirty-Six of the Official Code of Georgia Annotated (O.C.G.A. & 36-66-1 et. seq.), Whitfield County, Georgia does hereby adopt, order, and enact into law this Ordinance.
(Ord. of 7-10-06)
SECTION 1-2 SHORT TITLE:
This article shall be known as and may be cited as "The Zoning Procedure and Standards of Whitfield County, Georgia."
(Ord. of 7-10-06)
SECTION 1-3 DEFINITIONS:
As used within this article, the following terms shall have the definitions and meanings hereinafter set forth.
SECTION 1-3.1 "COMMISSION"
Commission shall mean the Dalton-Whitfield County Planning Commission.
SECTION 1-3.2 "SPECIAL USE"
Special Use means a land use which is not allowed in a particular zoning district or in any zoning district because of the inherent and special characteristics of the land use in relationship to the land use of surrounding areas to the subject property.
SECTION 1-3.3 "LOCAL GOVERNMENT"
Local government means Whitfield County and the Whitfield County Board of Commissioners which exercises zoning power within the territorial boundaries of Whitfield County, State of Georgia.
SECTION 1-3.4 "TERRITORIAL BOUNDARIES"
Territorial boundaries means the unincorporated areas of Whitfield County, State of Georgia.
SECTION 1-3.5 "ZONING"
Zoning means the power of Whitfield County to provide within its respective territorial boundaries for the zoning or districting of property for various uses and the prohibition of other or different uses within such zones or districts and for the regulation of development and the improvement of real estate within such zones or districts in accordance with the uses of property for which such zones or districts were established.
SECTION 1-3.6 "ZONING DECISIONS"
Zoning decision means final action by the Whitfield County Board of Commission which results with:
(a) The adoption of a zoning ordinance;
(b) The adoption of an amendment to a zoning ordinance which changes the text of the zoning ordinance;
(c) The adoption of an amendment to a zoning ordinance and/or zoning map which rezones property from one zoning classification to another; or
(d) The adoption of a Special Use.
SECTION 1-3.7 "ZONING ORDINANCE"
Zoning Ordinance means an ordinance or resolution of the Whitfield County Board of Commissioners establishing procedures and zones or districts within its respective territorial boundaries which regulate the uses and development standards of property within such zones or districts. The term also includes the zoning map (as hereinafter amended) adopted in conjunction with the Zoning Ordinance of Whitfield County, which shows the zones and districts and zoning classification of property therein.
(Ord. of 7-10-06)
SECTION 1-4 ADOPTION OF THE ZONING ORDINANCE AND ZONING MAP:
Adoption of the Zoning Ordinance and Zoning Map shall be as follows:
SECTION 1-4.1
Initial adopting of the zoning ordinance and zoning map by Whitfield County shall be adopted by the Whitfield County Board of Commissioners without presentation to the Dalton-Whitfield Planning Commission. At least one public hearing shall be held prior to the adoption of the zoning ordinance and zoning map by the Board of Commissioners of Whitfield County.
SECTION 1-4.2 NOTICE OF PUBLIC HEARINGS AND NOTICE OF THE ADOPTION OF THE ZONING ORDINANCE AND ZONING MAP:
Public notice of the time, place, and purpose of public hearings to be held shall be given not less than 15 days but not more than 45 days prior to any hearing or any final action on the adoption of the Zoning Ordinance and Zoning Map of Whitfield County by the Whitfield County Board of Commissioners. Notice shall be published in the newspaper of general circulation within the territorial boundaries of Whitfield County, Georgia.
SECTION 1-4.3 CONDUCT AND PROCEDURE OF HEARINGS HELD PRIOR TO THE ADOPTION OF THE ZONING ORDINANCE AND ZONING MAP:
At least one public hearing shall be held before the adoption of the Zoning Ordinance and Zoning Map by Whitfield County. The public hearing shall be called by the chairman or his delegate on the board of commissioners. All persons in attendance who are desirous to be heard concerning the adoption of the proposed Zoning Ordinance and Zoning Map of Whitfield County must request to be heard prior to the call of the public hearing. The chairman or his delegate on the board of commissioners will recognize persons desiring to be heard in the order in which the person signed up prior to the public hearing. The chairman or his delegate of the board of commissioners may pre-determine the length of the time each person will have to speak on the proposed zoning ordinance and zoning map. Any person, in lieu of attendance at the public hearing, may present a written request or comments concerning the proposed zoning ordinance prior to the close of the public hearing by submitting such request to the county administrator. Copies of any and all written requests submitted to the board of commissioners concerning the proposed zoning ordinance and zoning map shall be a public document available to any member of the public upon request. The county administrator will present all written requests to the board of commissioners for the board's consideration prior to final action by the board of commissioners on the proposed zoning ordinance and zoning map.
SECTION 1-4.4 CONDUCT AND PROCEDURE OF HEARING HELD FOR THE ADOPTION OF THE ZONING ORDINANCE AND ZONING MAP:
The Board of Commissioners of Whitfield County shall consider the adoption of the proposed zoning ordinance and zoning map at a duly called and scheduled meeting of the Whitfield County Board of Commissioners. The chairman or his delegate on the board of commissioners may review and present any changes concerning the proposed zoning ordinance and zoning map made subsequent to the holding of the public hearing as defined in subsection 1-4.3 of this ordinance. All persons desiring to be heard concerning the proposed zoning ordinance and zoning map shall file a written request with the county administrator prior to the calling of order of the hearing to adopt the proposed zoning ordinance and zoning map. All persons desiring to be heard shall be called in the order in which they signed a request prior to the hearing. The chairman or his delegate may pre-determine the length of time each person may speak. All persons desiring to be heard shall be given an opportunity to speak. The chairman, however, shall allow a minimum time period to be no less than ten minutes per side for the presentation of data, evidence, and opinion. The board of commissioners shall consider the standards and factors as enumerated in section 1-10 of this ordinance to be relevant in the adoption of the proposed Zoning Ordinance and Zoning Map of Whitfield County.
(Ord. of 7-10-06)
SECTION 1-5 PROCEDURES FOR AMENDMENTS TO THE ZONING ORDINANCE TEXT AND/OR ZONING MAP AND APPLICATION FOR A SPECIAL USE:
The text of the Whitfield County Zoning Ordinance and the Whitfield County Zoning Map may be amended from time to time and special uses may be granted, subject to the following conditions and procedures contained herein:
SECTION 1-5.1
An amendment to the zoning ordinance and/or zoning map or application for special use shall not become effective unless initiated or requested by the Whitfield County Board of Commissioners, the Dalton-Whitfield County Planning Commission, the property owner(s) aggrieved or affected by the Whitfield County Zoning Ordinance and/or Zoning Map, or any individual who has written power of attorney of a property owner aggrieved or affected by the Whitfield County Ordinance and/or Zoning Map, or a request signed by 60 percent of the property owners who own legal or equitable title to not less than 60 percent of the affected land requested to be rezoned or for which a special use is sought.
SECTION 1-5.2
Any proposed amendment to the zoning ordinance and/or zoning map or application for a special use shall be initiated by an application submitted to the staff of the Whitfield County Zoning Administrator upon forms provided by the Whitfield County Zoning Administrator.
SECTION 1-5.3
Upon the submission of an application for an amendment to the zoning ordinance and/or zoning map or application for special use, the person or persons submitting such application shall pay an administrative fee.
(Ord. of 7-10-06)
SECTION 1-6 PUBLIC NOTICE OF PROPOSED AMENDMENTS TO THE ZONING ORDINANCE AND/OR ZONING MAP AND/OR APPLICATION FOR A SPECIAL USE:
Public notice of hearings upon a proposed Amendment to the Zoning Ordinance and/or Zoning Map or proposed Special Use shall be given as hereinafter set forth.
SECTION 1-6.1
At least 15 but not more than 45 days prior to the date set by the Whitfield County Board of Commissioners for a public hearing, a written notice shall be published in a newspaper of general circulation within the territorial boundaries of Whitfield County, State of Georgia, setting forth the time, place, and purpose of the hearing.
SECTION 1-6.2
In addition to the requirements of subsection 1-6.1, if the proposed amendment to the zoning ordinance and/or zoning map or proposed special use calls for a zoning decision for the rezoning of a lot or parcel or for the granting of a special use thereon, and the proposed amendment or proposed special use is initiated other than by the Whitfield County Board of Commissioners, the following additional conditions apply:
(i) The published notice shall include the general location of the lot or parcel and shall state the present zoning classification of the lot or parcel and the proposed zoning classification of the lot or parcel or proposed special use sought.
(ii) A sign shall be placed in a conspicuous location upon the lot or parcel sought to be rezoned or for which a special use is sought, setting forth the time, place, and purpose of the public hearing, the present zoning classification of the lot or parcel, and the proposed zoning classification or proposed special use. Acts of vandalism or natural occurrences limiting the effectiveness of such notice shall not invalidate any proceeding or action taken upon the proposed amendment.
(iii) The Whitfield County Zoning Administrator shall reasonably attempt to notify each owner of a lot or parcel abutting and/or adjoining the proposed for amendment to the zoning map or special use by mailing to each such adjoining owner a copy of the application for amendment to the zoning map or special use by regular United States mail. In determining the name, address and ownership of each abutting and/or adjoining lot or parcel entitled to notice, the Whitfield County Zoning Administrator or its designee may conclusively rely upon the records of the office of the Whitfield County Tax Assessor as of the date of the filing of the application for amendment to the zoning map or application for Special Use with the Whitfield County Zoning Administrator. The Zoning Administrator's Office may place reasonable requirements upon the applicant to assist in obtaining accurate information concerning adjoining owners and shall require the applicant to reimburse actual mailing costs. The determination by the Whitfield County Zoning Administrator that the requirements of this subsection 1-6.2(iii) have been satisfied shall be final.
(Ord. of 7-10-06)
SECTION 1-7 PUBLIC HEARING FOR AMENDMENTS TO THE ZONING ORDINANCE AND/OR ZONING MAP AND FOR SPECIAL USE APPROVAL:
A public hearing upon any proposed amendment to the zoning ordinance and/or zoning map or special use shall be provided for by the Whitfield County Board of Commissioners. A public hearing upon any proposed amendment to the Zoning Ordinance and/or Zoning Map of Whitfield County or Special Use properly initiated shall be conducted at the time and place as set forth in subsection 1-6.1. The Dalton-Whitfield County Planning Commission may, at its discretion, join the Whitfield County Board of Commissioners during the public hearing process, such that both bodies simultaneously are present for such public hearing(s). The Chairman of the Whitfield County Board of Commissioners shall conduct such public hearing(s), unless he shall designate that another person shall serve as chair of the proceedings for such public hearing(s) or for as long as the Chairman of the Whitfield County Board of Commissioners shall determine. The purpose of such public hearing(s) shall be to present to the public any proposed amendment to the zoning ordinance and/or zoning map or special use and to receive comments thereon from the public. At the conclusion of all public hearings, but prior to any deliberation thereon by the Dalton-Whitfield County Planning Commission, the Whitfield County Board of Commissioners may adjourn its meeting.
The Whitfield County Board of Commissioners shall consider the comments presented by the public at such public hearing(s), in making their respective decisions on the proposed amendment to the zoning ordinance and/or zoning map or Special Use in accordance with the standards as enumerated in section 1-10 of this ordinance.
(Ord. of 7-10-06)
SECTION 1-8 CONDUCT AND PROCEDURES OF PUBLIC HEARINGS HELD BEFORE THE WHITFIELD COUNTY BOARD OF COMMISSIONERS AND THE DALTON-WHITFIELD COUNTY PLANNING COMMISSION:
The following policies and procedures shall govern the conduct of hearings before the Whitfield County Board of Commissioners and the Dalton-Whitfield County Planning Commission (hereinafter, "joint panel.").
SECTION 1-8.1
The chairman of the board of commissioners or his delegate (hereinafter, "the chair") shall open the hearing(s) with an explanation of the purpose of the hearing(s) and a description of the general rules for the conduct of the hearing(s). The chair may describe the authority and role of both the Dalton-Whitfield County Planning Commission, in providing a recommendation only, and of the Whitfield County Board of Commissioners, for final action, in any zoning decision. An individual requesting to be heard upon a matter germane to the purpose of the hearing must be called and recognized by the chair before addressing the joint panel. The chair shall determine the germaneness of any proposed comment or presentation and is authorized to rule any individual or portion of the presentation out of order if not germane to the published purpose of the hearing. Any person recognized by the chair, shall first state his name and residence address before proceeding with any comment, remarks, or presentation. Any person addressing the joint panel shall respond to questions from the chair or anyone he or she shall recognize. The chair may predetermine the length of any hearing, allotting equal time to proponents and opponents of any proposed amendment to the zoning ordinance and/or zoning map or special use to the extent that there are both proponents and opponents who desire to be heard. The chair shall be required to offer equal time to both the proponents and opponents of any proposed amendment to the zoning ordinance and/or zoning map or special use and the fact that equal time is not in fact utilized by either shall not invalidate any proceeding or action taken upon any proposed amendment to the zoning ordinance and/or zoning map or special use. The chair, however, shall allow a minimum time period no less than ten minutes per side for the presentation of data, evidence, and opinion.
SECTION 1-8.2
A proposed amendment to the zoning ordinance and/or zoning map or special use applications may be called in any order in the discretion of the chair. The chair shall confirm that proper public notice of the public hearing(s) in accordance with the provisions or this article has been given prior to taking any comments from the public.
SECTION 1-8.3
The chair shall allow the person initiating the proposed amendment to the zoning Ordinance and/or zoning map or special use, or his or her designee (hereinafter, "the applicant,") to present a description of the request and the reason(s) supporting it. The failure of the applicant to be present for the hearing when called shall result in an automatic continuance in the public hearing thereon until the next regular monthly meeting of the planning commission, with public notice thereof to all in attendance. The failure of the applicant to be present for the hearing when called at the next meeting of the planning commission shall result in an automatic negative decision from the Whitfield County Board of Commissioners when such request shall come before it.
SECTION 1-8.4
The chair shall enter into the record after the presentation of the applicant any written comment, petition or similar written statement, photographs, or any other evidence submitted during the public hearing and such documents and/or exhibits shall be considered by the Whitfield County Board of Commissioners in its analysis of the relevant zoning standards and factors as set forth in section 1-10 of this ordinance.
SECTION 1-8.5
The chair shall then give persons opposed to the proposed amendment to the zoning ordinance and/or zoning map or special use the opportunity to address the joint panel.
SECTION 1-8.6
The chair may then alternate the presentation of persons speaking in favor of and opposed to the proposal, beginning with the applicant, or the chair may divide such presentation into blocks of time beginning with the proponents and thereafter move into the presentation of the opponents, if any. The chair may poll the public assemblage at the hearing concerning its concurrence with the remarks of any speaker.
SECTION 1-8.7
Any remark amounting to an attack on the character or personal integrity of another individual or comment not actually supportable or comment in the form of emotional outburst shall be non-germane to the purpose of the hearing and may be ruled out of order. The chair shall have the power to remove or censure any person who continues to make any remarks amounting to an attack on the character or personal integrity of another individual or any comment not factually supportable or any comment in the form of emotional outburst during the proceeding.
SECTION 1-8.8
Upon the conclusion of the presentation of persons, if any, opposing the proposed amendment to the zoning ordinance and/or zoning map or special use, the chair may grant to the applicant an allotted time for rebuttal of any new issues raised by opponents, if any. The chair may rule out of order the raising of any new issues in rebuttal unless he or she shall determine that the raising of such new issue is useful to the purpose of the hearing, in which case opponents, if any, shall be allotted an equal amount of time to address such issue(s).
SECTION 1-8.9
When the applicant/proponent(s) and opponents, if any, have been heard in accordance with the foregoing procedures, the chair shall declare the public hearing closed. No further public hearing upon the proposed amendment to the zoning ordinance and/or zoning map or special use shall be permitted prior to the final zoning decision by the Whitfield County Board of Commissioners, unless the Whitfield County Board of Commissioners shall determine that such public hearing should be re-opened for the presentation of additional information, in which case the same must be advertised in conformity with subsection 1-6.1.
(Ord. of 7-10-06)
SECTION 1-9 SPECIAL USE STANDARDS:
As set forth in subsection 6A.1-5 of the Whitfield County Zoning Ordinance, a request for a special use permit shall be duly evaluated pursuant to the following factors, which are intended to be objective in character:
SECTION 1-9.1 "FACTORS"
SECTION 1-9.1(A) Whether the proposed use would impact upon anticipated traffic volume and/or traffic flow and/or pedestrian safety within the vicinity;
SECTION 1-9.1(B) Whether the hours and manner of operation of the proposed use would impact upon nearby properties and uses within the vicinity;
SECTION 1-9.1(C) Whether parking, loading/service, and/or refuse areas of the proposed use would impact upon nearby properties and uses within the vicinity, particularly with regard to noise, light, glare, smoke, and/or odor;
SECTION 1-9.1(D) Whether the height, size, and/or location of any proposed structure is compatible with the height, size, and/or location of structure(s) upon nearby properties and uses within the vicinity;
SECTION 1-9.1(E) Whether the size of the lot or parcel is sufficiently large for the proposed use, and for reasonable growth opportunity of such proposed use, within the parameters of the Whitfield County Zoning Ordinance and within the probable limits of the soils thereon if an on-site sewage system is to be installed;
SECTION 1-9.1(F) Whether the benefits of and need for the proposed use are, on balance, greater than reasonable anticipated depreciating effects and/or damages, if any, to nearby properties within the vicinity.