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AN ORDINANCE AMENDING THE ZONING ORDINANCE OF MADISON COUNTY, GEORGIA,. For the purpose of promoting the health, safety,...

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AN ORDINANCE AMENDING THE ZONING ORDINANCE OF MADISON COUNTY, GEORGIA,. For the purpose of promoting the health, safety, and general welfare of the present and future inhabitants of Madison County and to further the purposes of the Madison County Zoning Ordinance as set forth therein, the Board of Commissioners of Madison County does hereby ordain and enact into law the following changes to the Madison County Zoning Ordinance . ITEM 1. Article IX of the Madison County Zoning Ordinance is hereby deleted i n its entirety and the following substituted in its place:

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Article IX: Special Provisions

ARTICLE IX: SPECIAL PROVISIONS Section 9.1 Manufactured Homes, Mobile Homes, and Recreational Vehicles Recreational Vehicle Parks. In any district where recreational vehicle parks are permitted, the applicant shall submit a site plan (see Section 6.8.1) to the Zoning Administrator as part of the application process. Following review, the Zoning Administrator shall forward the application to the Planning and Zoning Commission for their consideration and recommendations. Following receipt of the application from the Planning and Zoning Commission the Board of Commissioners shall determine the disposition of the application. Approval shall not be granted unless all of the following conditions have been met. 9.1.1.1

All recreational vehicle parks must be located with direct access to a paved city, county, state or federal highway. It is the responsibility of the applicant to provide the necessary access where there is no existing improved street or road connecting the recreational park site with an improved existing public street or road. Any street or road improvement required beyond the boundary of the recreational vehicle park shall be improved in accordance with the Madison County Subdivision Regulations. Entrances and exits to parks shall be designed for safe and convenient movement of traffic into and out of the park and to minimize marginal friction with free movement of traffic on adjacent streets. No material impediment to visibility shall be created or maintained which obscures the view of an approaching driver. All traffic in and out of the park shall be through such entrances and exits. No entrance or exit shall be through a residential district or shall require movement of traffic from the park through a residential district.

9.1.1.2

Site Conditions. Conditions of soil, groundwater level, drainage, and topography shall not create hazards to the property or the health and safety of the occupants. The site shall not be exposed to objectionable smoke, noise, odors, or other adverse influences, and no portion subject to unpredictable and/or sudden flooding, subsidence, or erosion shall be used for any purpose, which would expose persons or property to hazards.

9.1.1.3

Soil and Ground Cover. Exposed ground surfaces in all parts of the park shall be paved, or covered with stone screenings, or other solid materials, or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust.

9.1.1.4

Drainage Requirements. Surface drainage plans for the entire tract must be submitted with the application to determine its compatibility with the surrounding existing drainage pattern.

9.1.1.5

The minimum park size shall be five (5) acres with a maximum density of fifteen (15) campsites per acre.

9.1.1.6

Campsites should, to the greatest extent possible, be developed to preserve the natural character of the lot and the surrounding area, and each campsite shall be at least 1,400 sq. ft. in size. Each campsite shall contain a stabilized vehicular parking pad of shell, marble, paving, or other, suitable material. No part of a RV or other unit placed on a campsite shall be closer than five (5) feet to a site line.

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Article IX: Special Provisions

9.1.1.7

Separation Between Recreational Vehicles. Recreational vehicles shall be separated by at least ten (10) feet. Any accessory structure such as attached awnings, carports, or individual storage facilities shall, for purposes of this separation requirement, be considered to be part of the RV.

9.1.1.8

Parking Requirements. There shall be at least three (3) off-street parking spaces designated in the RV park for each two (2) RV sites. Off-street parking may be provided in common parking areas or on individual RV sites.

9.1.1.9

Accessory Uses. Management headquarters, recreational facilities, toilets, dumping stations, showers, coin-operated laundry facilities and other uses and structures customarily incidental to operation of a RV park and campground are permitted as accessory uses to the park. a.

Such establishments and the parking areas primarily related to their operation shall not occupy more than 5 percent of the gross area of the park.

b.

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

c.

Such establishments shall present no visible evidence from any street outside the park of their commercial character which would attract customers other than occupants of the park.

d.

The structures housing such facilities shall not be located closer than one hundred (100) feet to any public street and shall not be directly accessible from any public street, but shall be accessible only from a street within the park.

9.1.1.10 Open Space and Recreational Areas. A minimum of eight percent (8%) of the gross site area for the RV Park shall be set aside and developed as common use areas for open or enclosed recreation facilities. 9.1.1.11 Yards and Setbacks. Each RV Park shall have a landscaped perimeter buffer, which shall be landscaped used for no other purpose: a.

Minimum front setback--twenty-five (25) feet except when the park fronts on a state highway; then the minimum shall be fifty (50) feet.

b.

Minimum side setback--when abutting residential districts the side setbacks shall be fifty (50) feet; when abutting a dedicated right-of-way, the side setback shall be twenty-five (25) feet on the side street; when abutting any other zoning district, the side setback shall be twenty (20) feet along the interior lot line.

c.

Minimum rear setback--twenty (20) feet except when the rear yard abuts a dedicated public right-of-way, the minimum shall be twenty-five (25) feet. If the rear yard abuts a residential district, the minimum rear setback shall be fifty (50) feet.

9.1.1.12 Landscaping. When needed to enhance aesthetics or to insure public safety, the RV Park shall be enclosed by a fence, wall, landscape screening, earth mounds, or by other designs approved by the Planning and Zoning Commission which will complement the landscape and assure compatibility with the adjacent environment.

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Article IX: Special Provisions

9.1.1.13 Streets in RV Parks. Streets in RV parks shall be private, constructed with a stabilized travelway (marble, shell, paving, or other suitable material) and meet the following minimum stabilized travelway width requirements: a.

One way, no parking

--

eleven (11) feet;

b.

One way with parking on one side, or two way with no parking

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eighteen (18) feet;

c.

Two way with parking on one side

--

twenty-seven (27) feet;

d.

Two way with parking on both sides

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thirty-four (34) feet.

9.1.1.14 Buffers. As for manufactured home parks, buffer areas may be required in developed areas and areas projected for future growth. 9.1.1.15 Recreational vehicle parks shall be adequately lighted with outdoor lighting located every one-hundred fifty (150) feet along interior access roads. The first light shall be within one hundred (100) feet from the entrance to the RV Park. 9.1.1.16 In addition to meeting the above requirements, the recreational vehicle park site plan shall be accompanied by a certificate of approval from the Madison County Health Department.

9.1.2

Manufactured Home Parks . In any district where manufactured home parks are permitted, the park shall be developed in accordance with the Madison County Manufactured Home Regulations.

9.1.3

Individual Mobile Homes or Individual Manufactured homes. Individual mobile or manufactured homes not meeting the definition of Dwelling, Single-Family, and not located within a Manufactured Home Park, shall comply with the following and other applicable sections of this ordinance. 9.1.3.1

Limitations. No mobile home, as defined in this ordinance, is permitted to be moved to or be used as a residential dwelling in unincorporated Madison County which was not registered with the County Tax Commissioner on or before April 1, 1990. No mobile home or manufactured home greater than twelve (12) years of age is permitted to be moved into unincorporated Madison County. The attachment of a mobile or manufactured home to an existing mobile or manufactured home is permitted only if both units were engineered and manufactured for such attachment.

9.1.3.2

Building and Occupancy Permits. Building and Occupancy Permits issued by the Madison County Building Inspector or his or her authorized agent are required for any mobile or manufactured home moved to or within unincorporated Madison County. A building permit is also required if the mobile or manufactured home is added to or structurally altered 100-sq. ft. or more.

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Article IX: Special Provisions

A building permit shall not be issued for a mobile home containing aluminum wiring. Prior to issuing a building permit, it is unlawful to move, locate, relocate, erect or make utility connections of any kind to a mobile or manufactured home in unincorporated Madison County. All mobile and manufactured homes must be registered with the Madison County Tax Commissioner and approval of the septic system by the Madison County Health Department must be obtained before an Occupancy Permit can be issued. Prior to issuing an occupancy Permit it is unlawful to occupy or otherwise use as a residence a mobile or manufactured home in unincorporated Madison County.

9.1.3.3

A.

Application Requirements for Building and Occupancy Permits for Mobile or Manufactured Homes. An application for permits for location and occupancy of a mobile or manufactured home is required to be filed by the owner or the owner's agent in the office of the Madison County Building Inspector before a Building or Occupancy Permit is issued.

B

The permit application shall describe the mobile or manufactured home as to size, dimension, year, model, the zoning district and tax map and parcel number of the planned location of the mobile or manufactured home, the intended use of the mobile or manufactured home, the name of the owner and the name of the intended occupants, and the source of water and type of waste disposal system.

C.

If the intended use of the mobile or manufactured home is as an accessory use, hardship use or farm caretaker, then details of such proposed use shall be provided by the applicant.

D.

If the application is for the relocation of a mobile home which was not constructed in accordance with the Federal Manufactured Home Construction Safety Standards required by the U.S. Department of Housing and Urban Development (HUD), a pre-permitting inspection (as described in “E: a. and b.” below) must be accomplished before a Building Permit is issued.

E.

In addition to the above requirements, the applicant must provide:

a. a recorded plat of the property where the home is to be located; b. a sketch plan (see Section 6.8.2); c. a septic tank permit from the Madison County Board of Health or a verification letter for existing systems; d. an access letter from the Georgia Department of Transportation for all new driveways accessing from a state highway; e. the name of the person setting up the home; f. the name of the electrician performing the electrical work; and g. proof of a current Madison County tax decal.

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Article IX: Special Provisions

F.

9.1.3.4

Mobile and manufactured homes shall: a.

Meet the requirements of the Southern Building code, the Georgia State Fire Marshall and the manufacturers specifications prescribed for the set up of such dwelling units, whichever is more stringent. These include but are not limited to: footing, piers, tie downs and anchors;

b.

Meet the requirements of the National Electrical Code (NEC) and the electric utility company providing electrical service, whichever is more stringent;

c.

Be provided with prefabricated or permanent stairs and landing, constructed of pressure treated lumber, masonry or metal sufficient to provide safe ingress and egress from two (2) exterior doors of the unit. Individual landings shall be a minimum of sixteen (16) sq. ft. (4'x 4') and contain side rails if over thirty (30) inches from the ground;

d.

Be underpinned with skirting material, masonry construction or any other materials manufactured for such purpose. Manufactured homes located in R-1, R-2, and R-3 zoning districts must be attached to a permanent foundation with underpinning of brick or masonry construction.

e.

Have utility meters mounted to the structure rather than on a utility pole, where roof construction will allow, in compliance with the applicable building and electric codes;

f.

Have no electrical power supplied to the dwelling unit until all these requirements are satisfied as determined by the Building Inspector of Madison County or his authorized agent;

g.

Meet all other state and county statutes, regulations and ordinances.

Temporary Usage. A manufactured home may be used as an office in a subdivision, by a contractor during construction or development, as a temporary residence during construction of a permanent residence, or as a temporary residence during the reconstruction of a permanent residence which has been destroyed by fire, natural disaster or condemnation. All of the above uses must be requested in writing, be for a period not exceeding twelve (12) months, and have written approval of the Zoning Administrator. The Zoning Administrator may extend the 12-month period one time where necessary for up to an additional 12-month period. Manufactured homes may be permitted on a lot in the A-1, A-2 and RR zoning districts which contains another residential dwelling in the case of health hardship provided: a.

The requirements of section 8.5 are met;

b.

All setback requirements are met;

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Article IX: Special Provisions

c.

There is only one such use per lot;

d.

A special permit is issued by the Zoning Administrator. The permit must be renewed annually upon presenting sufficient evidence of such medical hardship as stated in the original application still exists; and When the medical hardship originally applied for no longer exists, the Zoning Administrator will be so notified by the property owner, the special permit will be withdrawn and the manufactured home removed from the property within sixty (60) days of the permit withdrawal date or expiration date, whichever occurs first. The Zoning Administrator is authorized to extend the 60-day limit one time for an additional 60 days for sufficient cause.

e.

9.1.4

Manufactured Home Subdivisions . Manufactured home subdivisions hereafter developed or expanded either by an increase in acreage or in the number of dwelling units must comply with the Madison County Subdivision Regulations and the Madison County Manufactured Home Regulations.

Section 9.2 Townhouses, Condominiums, Apartments, and Multi-Family Dwellings 9.2.1

Townhouses and Condominiums 9.2.1.1

No more than six (6) nor fewer than three (3) continuous townhouses or condominiums shall be built in a row with approximately the same front line. Density shall not exceed eight (8) dwelling units per acre.

9.2.1.2

No side, or rear yard as such is required in connection with any individual townhouse or condominium dwelling units, except that the front yard shall be no less than twenty-five (25) feet in depth from the street right-of-way of a minor local residential street, including cul-de-sacs, and where the parking is not directly in front of each dwelling unit. If the parking for the dwelling unit is in front of the dwelling unit, front setback from the centerline of the street shall conform to Article VIII. Corner lots shall have the same side yard as established in Article VIII, and the end buildings in any townhouse or condominium grouping shall conform to the side yard requirements of that district. All townhouse and condominium groupings must meet the front, side and rear setbacks required the zoning district. Each townhouse shall have its own yard at least twelve (12) feet deep that is private and reasonably secluded from view from the streets and from neighboring property, including adjacent townhouses. An accessory building may be placed in the townhouse yard provided that the yard is enclosed by an eight (8) feet high solid fence.

9.2.1.3

No more than fifty percent (50%) of the lot area shall be occupied by buildings.

9.2.1.4

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

9.2.1.5

All townhouse or condominium complexes are required to tie into the public sanitary sewer system and public water system. No other means of waste disposal is permitted.

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Article IX: Special Provisions

9.2.1.6

All other requirements within the district in which the townhouses are located shall prevail.

9.2.1.7

A preliminary plat prepared in ink or pencil on a reproducible medium shall be submitted to the Planning and Zoning Commission prior to any grading, construction, or installation of improvements. Grading, construction, or installation of improvements shall not be undertaken until the Board of Commissioners formally approves the preliminary plat. The preliminary plat shall illustrate the ultimate development of the entire plat owned by the applicant and shall identify the section for which formal plat approval will initially be requested. The preliminary plat shall be prepared at a scale of one (1) inch equal one hundred (100) feet and, at a minimum, include the following: a.

Development name, if within an existing park.

b.

Proposed name, if not within a previously platted development.

c.

Name, address, and telephone number of legal owner or agent of the property.

d.

Name, address, and telephone number of registered professional responsible for development design, design of improvements, and for survey.

e.

Date, scale, and north arrow.

f.

Vicinity map including zoning classification of all adjacent parcels.

g.

Total acreage of the proposed development and total acreage of existing development if proposal is for expansion of existing development.

h.

Location of existing property lines, major easement/right-of-way, required setbacks, watercourses, drainage areas and ditches, and distinctive natural features.

i.

Existing buildings and roads.

j.

The location of all proposed buildings and roads, the number of dwelling units per building, the square footage of each building, and the square footage of each dwelling unit.

k.

The location of flood hazard areas as taken from FEMA, FIRM or HUD maps. Where no such maps exist, Conservation and Natural Resources Service maps may be used.

l.

Statement of proposed water/sewer supply or collection method.

m.

Information and data relating to surface water runoff as it effects storm water drainage and impact on adjacent areas. This includes an engineers certification that there will be no increase in the rate of flow

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Article IX: Special Provisions

to adjacent properties or provide details for a stormwater retention system to prevent such increase. n.

9.2.1.8

9.2.2

If proposed development is located in the Watershed Protection District, the percent of impervious surface must be shown.

All townhouse or condominium complexes must receive final approval from the Board of Commissioners upon recommendation by the Planning and Zoning Commission.

Apartments and Multi -Family Dwellings . 9.2.2.1

Apartments and multi-family dwellings shall meet the density requirements of Article VIII.

9.2.2.2

All parking shall be off-street and shall be grouped in bays, either adjacent to the street or in interior of blocks. An off-street parking space shall not be more than one hundred (100) feet by the most direct pedestrian route from a door of the dwelling unit it intends to serve. All parking must be paved.

9.2.2.3

All streets, drives or alleys in the development shall have a pavement width of twenty (20) feet, and have bituminous, concrete, or asphalt surface. All internal streets so designated by the Board of Commissioners as public streets must meet county road construction standards, be warranted by a surety bond or bank line of credit for one (1) year after acceptance by the county, and be deeded to the county.

9.2.2.4

Minimum building setback shall be the minimum setback for the zone in which the apartments are located provided that if required parking is not in the front of the apartment, the building setback must be twenty-five (25) feet from street right-ofway. However, if required parking is located in front of the apartment, the building setback from street right-of-way must be twenty-five (25) feet plus the parking depth.

9.2.2.5

All other requirements within the district in which the apartments and multi-family dwellings are located shall prevail.

9.2.2.6

All apartments and multi-family dwellings shall be required to tie into the public water system and public or community sewerage system approved by the Madison County Health Department and the Board of Commissioners as required in section 7.7.

9.2.2.7

All multi-family developments must meet the buffer requirements of Section 6.7.7.

9.2.2.8

Applicant must file a site plan (see Section 6.8.1) for approval by the Board of Commissioners upon recommendation by the Planning and Zoning Commission and an engineers certification that there will be no net increase in the flow rate of stormwater runoff on adjacent properties and provisions for a stormwater retention system where necessary to prevent such increase.

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Article IX: Special Provisions

Section 9.3

Accessory and Temporary Buildings

9.3.1 Accessory Buildings. The location of accessory build ings and uses in residential and commercial districts must meet the following requirements: 9.3.1.1 Where an accessory building is a ttached to the principal use, a substantial part of one wall of the accessory building shall be an integral part of the principal use or such accessory building shall be attached to the principal use in a substantial manner by a roof, and therefore meet requirements applicable to the principal use. 9.3.1.2 A detached accessory building shall not be closer than twenty (20) feet to the principal use, nor closer than twenty (20) feet to the lot line except as provided for in Article VIII. 9.3.1.3 A detached accessory building shall not be more than two (2) stories high and shall not be con structed on more than thirty percent (30%) of the rear yard. 9.3.1.4 No detached accessory building may be located in the front yard of a lot. 9.3.1.5 Manufactured homes, mobile homes, or recreational vehicles shall not be used as accessory buildings in the unincorporated area of Madison County. A storage trailer may be used as an accessory building in non-residential zones, provided that it is anchored to the ground, is not supported by wheels, and that there is no more than one such trailer per parcel. Section 9.3.2 Temporary Buildings and Usage . 1. Provided a valid permit issued by the Zoning Administrator exists, temporary buildings may be used as an office in a subdivision, by a contractor during construction or development and must be removed immediately upon completion of construction. 2. One temporary building may be used as a temporary residence in non-residential districts for up to one year during construction of a permanent residence, or as temporary residence during the reconstruction of a permanent residence, which has been destroyed by fire, natural disaster or condemnation, under the following conditions: a.

A valid permit exits for the temporary building; and

b. The occupant is in the process of building or reconstructing a permanent residence on the same site and holds a valid building permit; and c. The temporary building is connected to a well and septic system approved by the Madison County Health Department; and d. A Certificate of Occupancy has not been issued for the permanent residential dwelling. e. The temporary building permit shall not be extended beyond a year unless approved by the Board of Commissioners, upon recommendation of the Zoning Administrator. Manufactured homes may be permitted on a lot in the A-1, A-2 and

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Article IX: Special Provisions

3. Manufactured homes may be permitted on a lot in ethA-1, A-2 and RR zoning districts which contain another residential dwelling in the case of health hardship provided: a.

The requirements of section 8.5 are met; and

b.

All setback requirements are met; and

c.

There is only one such use per lot;

d. A special permit is issued by the Zoning Administrator. The permit must be renewed annually upon presenting sufficient evidence of such medical hardship as stated in the original application still exists; and e.

When the medical hardship originally applied for no longer exists, the Zoning Administrator will be so notified by the property owner,the special permit will be withdrawn and the manufactured home removed from the property within sixty days of the permit withdrawal date or expiration date, whichever occurs first. The Zoning Administrator is authorized to extend ht e 60-day limit one time for an additional 60 days for sufficient cause.

Section 9.4 Storm Shelters Storm shelters are permissible as principal or accessory uses and structures in any district, subject to the following conditions: 9.4.1

If any portion of the structure extends above the ground, that portion above the ground must comply with the yard and lot coverage regulations of the district in which it is located, and a sketch plan (see Section 6.8.2) for the shelter must be approved by the Zoning Administrator.

9.4.2

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

9.4.3

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

9.4.4

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

9.4.5

Storm shelters may be used for any permissible use in the district where situated.

Section 9.5

Home Occupation

9.5.1 Residential Home Occupation . The conduct of business in residential units may be permitted under the provisions of this section. It is the intent of the section to ensure the compatibility of residential home occupations with other uses permitted in the R-1, R-2, R-3 and RR districts, maintain and preserve the residential character of the area, and not create a nuisance for residents in the area by excessive traffic, smoke, noise or be a fire hazard. Home occupations which include sales or service operations for goods produced or services provided on-site shall be permitted

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Article IX: Special Provisions

upon approval of the Planning and Zoning Commission. In granting such approval, the Commission must find any such home occupation to be in full compliance with the following requirements: 9.5.1.1 9.5.1.2

The home occupation business shall be carried on within the residence and/or within a structure accessory to the residence. The home occupation shall be secondary to the principal use of the home as the business owner's residence. For the purposes of this regulation, a home occupation shall be considered secondary if it occupies either: 1) less than 50% of the total square footage of the home, or 2) an accessory structure, such as a garage, provided that the total square footage occupied by the home occupation remains less than 50% of the total square footage of the home

9.5.1.3

Other than the sign(s) permitted under Article X, there shall be no exterior display, nor other exterior indication of the home occupation, nor shall there be any variation from the primarily residential character of the principal or accessory building.

9.5.1.4

Exterior storage may be permitted only by special exception, granted by the Planning and Zoning Commission. The Commission may allow exterior storage only when the storage will be screened from neighboring views by a solid fence or by evergreens of adequate height and bulk at the time of planting to effectively screen the area. In situations where a combination of existing foliage and/or long distances to neighboring views provide screening, the fencing requirements may be waived at the discretion of the Planning and Zoning Commission.

9.5.1.5

Objectionable circumstances, such as noise, vibrations, dust, smoke, electrical disturbances, odors, heat or glare, shall not be produced.

9.5.1.6

No traffic shall be generated by the home occupation activity that will be substantially greater in volume than would normally be expected in the neighborhood.

9.5.1.7

Parking for the home occupation shall be provided off-street and shall not be located in the front yard.

9.5.1.8

The home occupation must be owned by the residents of the dwelling.

9.5.1.9

One (1) registered business vehicle may be parked at the principal or accessory structure, provided that it is not larger than a van, panel truck, or pickup truck (personal vehicles which may also be used for business are excluded from this restriction).

9.5.1.10Permitted residential home occupations: a. Architectural services b. Art Studio c. Barber Shops or Beauty Salons d. Consulting Services e. Data Processing f. Dental technician and laboratory g. Direct sale product distribution (Amway, Avon, Jaffra, Tupperware, and Herbalife) h. Drafting and graphic services i. Dressmaking, sewing, tailoring, contract sewing (one machine) j. Electronic assembly k. Engineering service l. Financial planning or investment services m. Flower arranging

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n. o. p. q. r. s. t. u. v. w. x. y. z. aa. ab. ac. ac.

Home Office House cleaning service In-home child care Insurance sales or broker Interior design Laundry and ironing service Locksmith Painting Plumbing Real estate sales or broker Restaurants, food preparation Telephone answering, switchboard call forwarding Tutoring Writing, computer programming Adult Daycare Personal Care Home/ Assisted Living facility Other similar uses as approved by the Planning & Zoning Commission.

9.5.1.11Prohibited residential home occupations: a. Ambulance service b. Appliance repair c. Automobile repair, parts sales, upholstery, or detailing, washing service (including businesses working at customer's home) d. Boarding house, bed and breakfast e. Carpentry, cabinet makers f. Contracting g. Masonry h. Medical or dental office (nor any practice of physical or medical application, including chiropractors) i. Religious institutions j. Tow truck services k. Veterinary uses (including care, grooming or boarding)

9.5.2 Rural Home Occupation Rural home occupations in the agricultural districts may be permitted under the provisions of this section. It is the intent of the section to ensure the compatibility of rural home occupations with other uses permitted in the A-1 and A-2 districts; maintain and preserve the agricultural or rural character of the area and not create a nuisance for residents in the area by excessive traffic, smoke, noise or be a fire hazard. The purpose of rural home occupations is to provide a means for residents in the larger lot agricultural districts to participate in the type of businesses permitted in residential districts, be able to conduct the home occupation in an accessory building where necessary, and to park, on-site, vehicles required for the home occupation. Rural home occupations, where permitted, must meet the following special requirements: 9.5.2.1

The minimum lot size is five (5) acres. For lots less than five (5) acres, the home occupation is limited to the provision of section 9.5.1.

9.5.2.2

The home occupation business shall be carried on within the residence and/or within a structure accessory to the residence.

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Article IX: Special Provisions

9.5.2.3

The rural home occupation must be clearly subordinate to the principal use of the parcel for dwelling and agricultural purposes. For the purposes of this regulation, a rural home occupation shall be considered secondary if it occupies either: 1) Less than 50% of the total square footage of the home, or 2) an accessory structure, such as a garage, provided that the total square footage of the accessory structure occupied by the rural home occupation remains less than 50% of the total square footage of the home.

9.5.2.4 Other than the presence of trade vehicles and the sign(s) permitted under Article X, there shall be no exterior display nor any other exterior indication of the home occupation, nor shall there be any variation from the primarily residential or agricultural character of the principal or accessory building. 9.5.2.5 Exterior storage may be permitted only with permission of the Planning and Zoning Commission. The Commission may allow exterior storage only when the storage will be screened from neighboring views by a solid fence or by evergreens of adequate height and bulk at the time of planting to effectively screen the area. In situations where a combination of existing foliage and/or long distances to neighboring views provide screening, the fencing requirements may be waived at the discretion of the Planning and Zoning Commission. 9.5.2.6

The home occupation must be owned by the residents of the dwelling.

9.5.2.7

Unless otherwise determined by the Board of Commissioners, no sales of products or services not produced on the premises is permitted.

9.5.2.8

The use has not been found likely to become a nuisance by reason of odor, dust, smoke, gas, vibrations, or may impose a hazard to health or property.

9.5.2.9

Modifications from the above requirements may be approved by the Planning and Zoning Commission, in individual cases if the modification is in accordance with the intent of the District.

9.5.2.10

Additional requirements or conditions may be added as deemed necessary to insure that the rural home occupation will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood or to the general welfare of the county or in any was adversely affect the character of the area.

9.5.2.11Permitted home occupations: a. All occupations permitted in the section 9.5.1.11. b. Appliance repair. c. Veterinary services other than boarding. d. Ceramics. e. Contracting, masonry f. Tow truck services. g. Upholstery. h. Other similar uses as approved by the Planning and Zoning Commission.

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Article IX: Special Provisions

Section 9.6 Automobile Service Stations Within the districts permitting automobile service stations, the following requirements apply: 9.6.1

Location. The property where an automobile service station is located must not be within one hundred (100) feet of any residential district, or any property containing a school, public playground, religious institution, hospital, public library, institution for children or dependents.

9.6.2

Site Requirem ents. An automobile service station must have a minimum frontage on the primary street of one hundred twenty (120) feet and a minimum lot area of twelve thousand (12,000) sq. ft. All buildings shall be set back forty (40) feet from all street right-of-way lines and all canopies shall be set back fifteen (15) feet from all street right-of-way lines.

9.6.3

Access to Site. Vehicular entrances or exits at an automobile service station: 9.6.3.1

must not have more than two curb cuts for the first one hundred twenty (120) feet of street frontage or fraction thereof; and

9.6.3.2

must contain an access width along the curb line of the street of not more than thirty (30) feet as measured parallel to the street at its narrowest point and shall not be located closer than twenty-five (25) feet from the intersecting point of the two streets rights-of-way or ten (10) feet from the adjoining property involved.

9.6.4

Gasoline Pump Islands. All gasoline pump islands shall be set back at least twenty (20) feet from the right-of-way line, or where a future widening line has been established, the setback line shall be measured from the widening line. Where pump islands are constructed perpendicular to the right-of-way line, the pumps shall be at least sixty (60) feet from the right-of-way of an arterial street, fifty-five (55) feet from the right-of-way of a collector street, and forty-five (45) feet from the right-of-way of other streets.

9.6.5

Off-Street Parking. A minimum of two (2) off-street parking spaces are required with an additional off-street parking space for each lubrication and wash bay.

9.6.6

Other Site Improvements. In addition to the above requirements, the following additional site improvements must be adhered to: 9.6.6.1

A raised curb of at least six (6) inches high must be erected along the street property lines, except for driveway openings.

9.6.6.2

A solid fence or solid wall six (6) feet in height must be erected along all nonperpendicular property lines adjacent to any residential lot. The Board of Commissioners has the discretion to permit a vegetative buffer in lieu of the required wall or fence based on the character of the area where the site is located.

9.6.6.3

Exterior lighting must be arranged so that it is deflected away from adjacent properties and streets.

9.6.6.4

Signs, whether permanent or temporary, must not be placed within the public rightof-way and must be arranged so that they do not obstruct visibility for drivers or pedestrians.

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Article IX: Special Provisions

9.6.7

9.6.6.5

All drives, parking storage, and service areas must be paved and curbed and a good stand of grass must be maintained on the remainder of the lot.

9.6.6.6

The perimeter must be landscaped according the requirements of section 6.2.3.7

Storage of Inflammable Products. Outside above ground tanks for the storage of gasoline, liquefied petroleum gas, oil or other inflammable liquids or gases is prohibited at any automobile service station in all zoning districts. All used motor oil must be stored in underground tanks. However, storage tanks for the retail sales of propane gas and natural gas is permitted.

Section 9.7 Cemeteries 9.7.1

Public Cemeteries. Within the districts permitting public cemeteries, the following requirements shall apply: 9.7.1.1

The site proposed for a cemetery must not interfere with the development of a system of collector or larger streets in the vicinity of such site. In addition, the site must have direct access to a thoroughfare.

9.7.1.2

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

9.7.1.3

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

9.7.1.4

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

9.7.1.5

The entire cemetery property must be landscaped and maintained.

9.7.1.6

Prior to approval of the request for the location of a new cemetery, a site plan (see Section 6.9.1) and perpetual care plan must be submitted to the Madison County Planning and Zoning Commission for review at least thirty (30) days prior to Planningand Zoning Commission meeting at which the request will be heard. The Madison County Planning and Zoning Commission shall have thirty (30) days following the public hearing to submit its report. If the Planningand Zoning Commission fails to submit a report within the thirty (30) day period, it shall be deemed to have approved the request. The Board of Commissioners has 60 days following a recommendation by the Planning and Zoning Commission, to approve, approve with modifications, or deny the request. a. Said cemetery may front only on a collector, major street, or State highway, and the entrance to and exit from such cemetery shallbe only on the street on which it fronts. b. A sketch plan (see Section 6.8.2) must be submitted with the application which shows adequate paved off-street

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parking. All buildings must be placed not less than fifty (50) feet from any property line. A ten (10) foot wide buffer area along its exterior boundary line, not bordering the frontage, must border property street and not extending into the required front yard. This buffer area is in addition to any setbacks, etc., required in Article VIII. The buffer area should be planted with evergreen trees or evergreen shrubs that grow at least eight (8) feet tall within five (5) years and provide an effective visual screen. 9.7.2

Religious Cemetery. Within the districts permitting church cemeteries, the following requirements shall apply: 9.7.2.1

The cemetery is located on the same property as the religious institution is in addition to the minimum lot requirement for the religious institution and adequate off-street parking is provided.

9.7.2.2

If the entrance and exit to the cemetery is other than that used as entrance and exit for the religious institution, then the cemetery may front only on a collector, major street or a state highway, and the entrance and exit to such cemetery shall be only from the street on which it fronts.

9.7.2.3

All graves and burial lots must be at least twenty-five (25) feet from any property line, and at least fifty (50) feet from any collector, major street or state highway rightof-way line.

9.7.2.4

The cemetery must be bordered by a ten (10) foot wide buffer area along its exterior boundary lines that do not border the frontage street. The buffer must not extend into the required front yard. The buffer area should be planted with evergreen trees or other evergreen shrubs that grow at least eight (8) feet tall within five (5) years and provide an effective visual screen.

Section 9.8 Automobile Junkyards Automobile junkyards are a conditional use in the I, Industrial, District provided the following conditions are met: 9.8.1

A solid fence at least ten (10) feet in height and constructed of wood, masonry, or other material commonly manufactured for fencing, must be erected to screen the entire property.

9.8.2

The grade of the site is not greater than 5 percent.

9.8.3

Minimum yard requirements under Article VIII for the I District must be met.

9.8.4

Automobile hulks and parts must not be stacked so as to create a threat to public health and safety.

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Article IX: Special Provisions

Section 9.9

Farm-based business

9.9.1

Farm occupations may involve any one of a wide range of uses, so long as the use is not incompatible with the primary agricultural use of the land. The applicant must demonstrate to the Board of Commissioners that the farm-based business is compatible with the rural setting and will not create nuisances for nearby residences.

9.9.2

For farm parcels up to fifty (50) acres, while the farm-based business is in operation, non-farm related subdivision of the parcel is not permitted. The purpose of this provision is to limit the conversion of farmland to non-agricultural uses.

9.9.3

No more than the equivalent of two (2) full-time non-resident employees of the farm parcel shall be employed by the farm-based business. However, the number of employees may be reduced if it is believed that the proposed use is too intensive.

9.9.4

No more than two thousand (2,000) sq. ft. of gross floor area shall be occupied by the farmbased business.

9.9.5

No more than one (1) acre shall be devoted to the farm-based business, including the structure, parking, storage, and driveway (if separate from the primary residence driveway).

9.9.6

Where practicable, farm-based businesses shall be conducted within an existing building located on the farm parcel. However, any building constructed for use by the farm-based business shall be: a) located behind a residence or other farm building or, b) set back a minimum of one hundred (100) feet from the street right-of-way and be located within two hundred (200) feet of the primary residence.

9.9.7

Parking and outdoor storage shall not be visible from adjoining roads and properties.

9.9.8

Any building constructed for the use of the farm-based business shall be of a nature that it can be converted to agricultural use or removed from the property if the farm-based business is discontinued. The structure should blend with the surrounding agricultural setting.

9.9.9

A sketch plan (see Section 6.8.2) must be submitted by the applicant which, in addition to the applicable requirements of Section 6.8.2, must show the location of any building to be used in the farm-based business and that sufficient off-street parking for the anticipated demands of the farm-based business has been provided for.

9.9.10 No farm-based business shall be located within one hundred (100) feet of any adjoining side or rear property line nor within one hundred (100) feet of any adjacent residential zoning district. Such distances shall be measured as a straight line between the closest points of any structure or any other physical improvement of the farm-based business and the adjoining property line. 9.9.11 Any outdoor storage of supplies, materials or products shall be located behind the building in which the farm-based business is located. Such outdoor storage shall be screened from adjoining roads and properties in accordance with Article VI. 9.9.12 An on-premise, freestanding sign is permitted for the farm-based business and shall be in accordance with Article X of this ordinance. 9.9.13 The Board of Commissioners may also require such other reasonable conditions as deemed appropriate.

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Article IX: Special Provisions

Section 9.10 Bed and Breakfast 9.10.1 The acceptance of paying guests shall be an accessory use to the dwelling unit; 9.10.2 The only uses permitted shall be the renting of rooms and the serving of foods to guests renting said rooms (accessory uses commonly associated with hotels and motels, i.e., laundry services, gift shops, banquet halls, barber and beauty shops, shall not be permitted); 9.10.3 All parking shall be off-street; and 9.10.4 Signs meeting the requirements of Article X of this Ordinance..

Section 9.11 Clubs and Fraternal Organizations 9.11.1 The buildings are placed not less than fifty (50) feet from any property line; 9.11.2 There is a planted buffer area ten (10) feet wide along its exterior boundary lines not bordering the frontage street and not extending into the required front yard. The buffer area should be planted with evergreen trees or evergreen shrubs that grow at least eight (8) feet tall within five (5) years and provide an effective visual screen. 9.11.3 A site plan (see Section 6.8.1) must be submitted with the application. 9.11.4 Adequate paved and lined off -street parking must be provided.

Section 9.12 Outdoor Storage Yards 9.12.1 The storage yard must not be located within a required front yard. 9.12.2 The storage yard must be setback at least twenty-five (25) feet from any side or rear property lines and shall be screened by a solid fence of material commonly manufactured for fencing, at least eight (8) feet high which is setback a similar distance from any side or rear property lines, appropriately landscaped and maintained. 9.12.3 If an outdoor storage yard is established in connection with a permitted building, it shall meet the above requirements.

Section 9.13 Mining Within districts allowing mining the following requirements shall apply: 9.13.1 Any extensions of quarrying operations beyond the property lines actually quarried at the effective date of this ordinance amendment shall be considered a new operation.

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Article IX: Special Provisions

9.13.2 Any quarrying operation shall obtain a special land development permit approved by the Board of Commissioners. The permit shall be renewed every two (2) years, or at a shorter interval as may be specified by the Board of Commissioners. 9.13.3 Quarry areas being excavated shall be enclosed entirely within a six (6) ft. high fence located at least ten (10) feet back from the edge of any excavation. 9.13.4 At the time of obtaining a special land development permit, the operators or owner(s) of the quarry shall present to the Board of Commissioners comprehensive plans and proposals for the re-use of the property at the cessation of the quarry operation.

Section 9.14 Non-operating Vehicles 9.14.1 Vehicles not in operating condition shall not be parked between the residence and the street or streets the residential parcel adjoins. 9.14.2 All vehicles not in operating condition must be parked in the rear yard, carport, or garage. 9.14.3 All automobile parts must be stored within a garage or enclosed building.

Section 9.15 Transmission Towers (Amendment Adopted March 12, 2001) 9.15.1 Regulated tower uses are VHF and UHF television; FM radio; AM radio; two-way radio; common carriers; cellular telephone; fixed-point microwave; and low-power television. Tower uses not regulated by this ordinance are: portable, handheld, and vehicular transmissions; industrial, scientific, and medical equipment operating at frequencies designated for the purpose by the FCC; a source of non-ionizing electromagnetic radiation with an effective radiated power of seven (7) watts or less; a sole-source emitter with an average output of one (1) kilowatt or less if used for amateur purposes; and goods in storage or shipment or on display for sale, provided the goods are not operated, except for occasional testing or demonstration. 9.15.2 Towers must comply with regulations established by the Federal Aviation Administration and the Federal Communications Commission. 9.15.3 Registration and Notice In order to provide the governing authority with accurate and current information concerning the telecommunications providers who offer or provide wireless telecommunications services within Madison County or who own or operate telecommunications facilities within Madison County, all owners of telecommunications towers and/or antennas that offer or provide any telecommunications service within Madison County, Georgia, from telecommunications facilities within Madison County, Georgia, shall register with the Madison County Planning & Zoning Department, on forms to be provided by the Madison County Planning Department, which form shall include the following: A. The identity and legal status of the registrant, including any affiliates; and B. The name, address, and telephone number of the officer, agent, or employee of the owner authorized

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to receive notices under this Section. All notices under this Section shall be sent to such lastregistered officer, agent or employee of the owner via certified mail.

9.15.4 Requirements for telecommunications facilities: General requirements for all telecommunication facilities set forth in this section shall govern the location and construction of all telecommunication facilities governed by this ordinance. 9.15.4.1

Building codes and safety standards: to insure the structural integrity of telecommunications facilities, the owner of a telecommunication facility shall insure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for such telecommunication facilities that are published by the FCC as amended from time to time. If such standards and regulations are changed, the owner of the telecommunication facility governed by this ordinance shall bring such towers and antennae into compliance with such revised standards and regulations. Owners of telecommunications facility shall conduct inspections of such facilities once a year to insure structural integrity. Inspections shall be conducted by a structural engineer licensed to practice in Georgia. The results of such an inspection shall be provided to the director. If upon inspection, the Madison County Building Inspector concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days from the date of the mailing of such notice, to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within said 30 days, the governing authority may remove such tower at the owner’s expense. Any such removal by the governing authority shall be in the manner provided in subsection 9.15.9 below.

9.15.5 Placement of telecommunications facilities by zoning district: 9.15.5.1 (A-1)Intensive Agriculture district telecommunication facilities shall be allowed if permitted by a conditional use permit approved by the Madison County Board of Commissioners. 9.15.5.2 (I)

Industrial district telecommunication facilities shall be allowed if permitted by a conditional use permit approved by the Madison County Board of Commissioners.

9.15.5.3 (B-2) Highway Business district as a permitted use up to a total height of 120 feet. Telecommunications towers greater that 120 feet of height shall require a conditional use permit provided the requirements of sections 9.15.6 and 9.15.7 are met. 9.15.5.4

9.15.6

Telecommunications facilities shall not be allowed in any zoning district except as provided in items 9.15.5.1 through 9.15.5.3. Preferr ed location sites:

Publicly used structures are preferred locations throughout the county, because they appear virtually in all neighborhoods, are disbursed throughout the county, and due to their

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infrastructure uses, are generally similar in appearance to or readily adaptable for telecommunications facilities. Publicly used structures include facilities such as police or fire stations, libraries, community centers, civic centers, court houses, utility structures, water towers, elevated road ways, bridges, flag poles, schools, hospitals or medical centers, light poles and churches. 9.15.6.1 Co-location site: any existing site which a legal wireless telecommunication facility is currently located shall be a preferred location site regardless of the underlying zoning designation of the site, provided, however, that locations which meet this criteria shall be subject to the design and siting component of this ordinance and colocation sites shall not become an “antennae farm” or otherwise be deemed by the director or the governing authority to be visually obtrusive. 9.15.7

In order to obtain a conditional use permit, applicant must demonstrate that:

9.15.7.1 Existing or approved towers cannot accommodate the telecommunications equipment planned for the proposed tower; 9.15.7.2 The selected tower design is as visually unobtrusive as possible, given technical, engineering, economic, and other pertinent considerations; 9.15.7.3 The proposed tower is the minimum height necessary to accommodate the antenna and no higher than existing towers housing similar antennas; a map indicating all existing tower and antennae sites located within the county and within two (2) miles of the county. 9.15.7.4 Existing on-site vegetation will be preserved as much as possible. 9.15.7.5 Tower site is large enough to contain debris resulting from tower failure. The type, height, and structural characteristics for the tower will determine site size. In any event, the tower must be set back from the nearest property line a distance equal to or greater than its total height. The site for a guyed tower includes the circle bounded by the guy anchors. An one hundred (100) ft. buffer is required between the anchors and adjacent property lines. In granting a conditional use permit the Madison County Board of Commissioners may impose additional zoning conditions to the extent determined necessary to buffer or otherwise minimize adverse effects of the proposed tower or antennae on surrounding properties. If the conditional use request is not approved then the same property may not be considered for a conditional use for at least six months immediately following the failure to gain approval by the Board of Commissioners. 9.15.8

Landscaping:

Landscaping shall be used to effectively screen the view of the tower compound from adjacent public ways, public property, and residential property. Native vegetation on the site shall be preserved to the greatest practical extent. The applicant shall provide a written landscape plan showing existing significant vegetation to be removed and vegetation to be replanted to replace that loss. A new tower two hundred (200) feet or taller must be landscaped with three rows of vegetation at the boundaries adjacent to residential uses, parks, streets, and other sensitive areas as determined by the Zoning Administrator. The planting strip must be approximately forty (40) feet in width and required plantings must start at the property line inward and include rows

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Article IX: Special Provisions

of evergreen shrubs, deciduous trees, and taller evergreen trees. The tower must be painted silver or retain its galvanized finish. In areas of heavy vegetation, the base of the tower should be painted green to the tree line, with the remainder silver or galvanized. Taller towers, or those close to airports that are considered navigational hazards should be painted according to FAA regulations. A new tower less than two hundred (200) feet in height must be landscaped with two (2) rows of vegetation at the boundaries adjacent to residential uses, parks, streets, and other sensitive areas as determined by the Board of Commissioners. The planting strip must be approximately twenty-five (25) feet in width and required plantings must start at the property line inward and includes rows of evergreen shrubs and deciduous trees. The tower must be painted silver or retain its galvanized finish. In areas of heavy vegetation, the base of the tower should be painted green to the treeline, with the remainder silver or galvanized. Taller towers, or those close to airports that are considered navigational hazards should be painted according to FAA requirements. No landscaping is required for those portions of the tower site that abut nonresidential or non-public uses. Nighttime lighting of towers is prohibited unless required by the FAA. Towers built on the same site must be similar in height, design, and color. 9.15.9

Abandoned Towers

After a continuous period of 12 months during which an antenna or tower is not used for its original purpose, it shall be considered abandoned, and the owner of such antenna or tower shall remove same within 90 days of mailing of notice from Madison County notifying the owner of such abandonment. The owner may request a three-month extension prior to the end of the 12month period. Said three-month extension may be granted administratively by the director if the request is received in writing by the director prior to the end of the 12-month period. If a three-month grace period is granted, then a notice of abandonment will be given to the owner at the end of the three-month period. If any abandoned antenna or tower is not removed by the owner within said 90 days after notice of abandonment, then the governing authority may remove such antenna or tower at the owner’s expense. Delay in taking action shall in no way waive the governing authority’s right to take action. A lien may be placed on the property for costs of removal, and/or said costs may be pursued from the owner in court action. If there are two or more users of a single tower, then this provision shall not become effective for the tower until all users cease using the tower. Within 30 days of the owners receipt of said notice of abandonmen t, any owner aggrieved by said notice of abandonment may file a written request for a hearing before the Madison County Board of Commissioners. The owner may present argument and evidence to the Madison County Board of Commissioners at such hearing. The owner may appeal the decision of the Madison County Board of Commissioners to a court of law in the manner set out in Article XIII hereof.

Section 9.16 Caretaker or Employee Dwellings Caretaker or employee single-family dwellings are permitted as a conditional use within the A-1 and A2 zoning districts provided the following requirements are met: 9.16.1 There is no more than one (1) caretaker dwelling per farm on which agricultural activity requiring such living quarters is being actively pursued. The farm may be a single tract or one or more adjoining tracts under the same ownership, but in no case shall a caretaker dwelling be

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Article IX: Special Provisions

permitted unless the total farm acreage is twenty-five (25) acres or more or a variance has been granted. 9.16.2 At least one occupant of the caretaker dwelling be a caretaker as defined in this ordinance. 9.16.3 All caretaker dwellings must meet the yard area and setback requirements of the district in which located and the permitting requirements adopted by the county for similar residential dwellings. 9.16.4 The permitting of a caretaker dwelling in no way releases the property owner from any obligation they may have entered into under House Bill 230, the Preferential Agricultural Assessment or, House Bill 283, The Conservation Use Amendment.

Section 9.17 Notice of Agricultural Adjacency Agricultural districts include uses of land primarily for active farming activities and will result in odors, noise, dust, and other effects which may not be compatible with adjacent single-family development. Future abutting developers in non-agricultural Land Use Intensity Districts shall be provided with a "Notice of Agricultural Adjacency" at the time of an application for a land use intensity district, change of property abutting to an agricultural district, or at the time of an application for a building or occupancy permit for property adjacent to an agricultural district. Prior to administrative action on either the land use intensity district or the issuance of a building or occupancy permit, the applicant is required to sign a waiver on a form prepared by the Zoning Administrator which will indicate that the applicant understands that a use adjacent to his use is ongoing and will produce odors, noise, dust, and other effects which may not be compatible with the applicant's development. Nevertheless, understanding the effects of the adjacent land use, the applicant agrees by executing the form to waive any objection to those effects and understands that his district change and/or his permits are issued and processed in reliance on his agreement not to bring any action (asserting that the adjacent uses in the agricultural district constitute a nuisance) against the local government and adjoining land owners whose property is located in an agricultural district. Any such notice or acknowledgement provided to or executed by a landowner adjoining a tract in an agricultural district shall be public record.

Section 9.18 Private Airstrips Private airstrips are conditional uses in the A-1 district upon approval of the Board of Commissioners. Before consideration, each of the following criteria must be met: 9.18.1 The parcel must be 50 acres or greater. 9.18.2 A site plan prepared in accordance with Section 6.8.1 of this Ordinance shall include the following additional information : a. landing and takeoff zones; and b. surrounding land uses including buildings, roads, utility lines, towers, and other sensitiveses u within one thousand (1,000) feet of the proposed facility. 9.18.3 Areas where the aircraft are to be operated shall not be closer than 1000' from any residence other than that of the applicant/owner. 9.18.4 Applicant shall file the proper documentation with the FAA and must present the written recommendation.

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Article IX: Special Provisions

9.18.5 No more than three (3) aircraft shall be used on, stationed at, or operated from the private airstrip at any time. 9.18.6 No aircraft using the facility shall have more than two (2) engines or be designed to carry over six (6) passengers including the pilot. No helicopter using the facility shall be designed to carry more than four (4) passengers including the pilot. No jet engine aircraft shall use the facility. 9.18.7 The facility shall be for private use and shall not be used for organized aviation events. 9.18.8 The facility shall be used for daytime take off and landing only.

Section 9.19 Limited Day Care Within the districts permitting limited day care, the following requirements must be met: 9.19.1 No other for profit childcare shall be permitted on any lot having limited day care. and; 9.19.2 The limited day care must be compatible with the surrounding land uses. and; 9.19.3 The limited day care may be conducted within a dwelling or within an accessory building provided all structures used are harmonious in appearance with the zoning district where the use is to be located. and;

9.19.4 Only one accessory building per lot is permitted for limited day care and such accessory building must meet the following requirements: a. Where the accessory building is attached to a dwelling, a substantial part of one wall of the accessory building shall be an integral part of the dwelling and meet all the building code requirements adopted by Madison County for additions to site-built homes. and; b. A detached accessory building shall not be more than one story high and be limited to 450 square feet. and; c. A detached accessory building shall not be closer than twenty feet to a dwelling, nor closer than fifty feet from any lot line. and; d. No detached accessory building may be located in the front yard of the lot. and; e. Manufactured homes, mobile homes or storage trailers may not be used as accessory buildings. and; f.

If the Limited Day Care activity is terminated for any reason, the owner of the property must inform the Zoning Administrator within thirty days of such action. Any accessory building, attached or detached, previously used for the Limited Day Care can not house any for profit activity except where otherwise permitted in the Zoning Ordinance.

9.19.5 No additional points of access to any street or road shall be permitted unless necessary to provide safe and proper access to the proposed use. and;

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Article IX: Special Provisions

9.19.6 One display sign limited to nine square feet is permitted where not out of character with surrounding properties. and;

9.19.7 Modifications from the above requirements may be approved by the Board of Commissioners, upon recommendation by the Planning and Zoning Commission, in individual cases if the modification is in accordance with the intent of the District.

9.19.8 Additional requirements or conditions may be required by the Board of Commissioners as deemed necessary to insure that the Limited Day Care will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or to the general welfare of the county or in any way adversely affect the character of the area.

9.20

Sanitary Systems – The placement of wells and septic system field lines should not interfere with the development of adjacent properties. 9.20.1 On lots that are not part of a major subdivision, neither septic system field lines nor wells may be located within 50 feet of the boundary line of the lot. 9.20.2 Within major subdivision developments, neither septic system field lines nor wells may be located within 50 feet of the exterior boundary line of the subdivision. 9.20.3 In the event that literal compliance with the terms of sections 9.20.1 or 9.20.2 prevent the location of septic field lines or wells on more than 33% of a proposed lot, the owner may apply to the Planning and Zoning Commission for a variance to reduce the depth of the required buffer by such amount necessary to alleviate the unnecessary hardship, but in no event to less than 25 feet from the applicant’s property line. The Planning and Zoning Commission may grant such a variance upon a finding that all of the following conditions exist: 9.20.3.1 There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography; and 9.20.3.2 The application of this ordinance to the particular piece of property would create an unnecessary hardship; and 9.20.3.3 Relief, if granted, would not cause substantial detriment to the public good or impair the purpose and intent of this ordinance; and 9.20.3.4 Such conditions are peculiar to the particular piece of property involved; and 9.20.3.5 The special circumstances surrounding the request for a variance are not the result of acts by the applicant (including but not limited to the creation of a lot after the effective date of this section 9.20). 9.20.3.6 A denial of a variance may be appealed to the Board of Commissioners in accordance with Section 13.2 of this Ordinance. 9.20.4 The requirements of sections 9.20.1 or 9.20.2 of this ordinance may be waived if the owners of adjoining properties affected by these sections agree in writing to any other arrangement regarding septic tanks, drain fields and well sites which satisfies the regulations established by the Madison County Health Department, provided that the agreement is reduced to writing, recites that the obligations imposed thereby “run with the land” so as to bind subsequent owners, and is recorded in the real estate records of the Clerk of Court and indexed under the names of the current owners. 9.20.5 Within major subdivision developments for which final plats are approved on or after the effective date of this section 9.20, the final plat shall reflect appropriate buffers for interior lots (i.e., lots with boundaries that are not the exterior boundary of the subdivision) so as to assure compliance with the requirements of the Madison County

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Article IX: Special Provisions

9.20.6

9.20.7

9.20.8 9.20.9

Health Department for septic tank system and well proximity, if the subdivision is served by wells and/or private septic systems. If adjoining properties are both served by public water, both property owners may locate their septic tanks and drain fields in any manner that complies with the septic tank and drain field requirements of the Madison County Health Department. For purposes of this section 9.20, the term “major subdivision” means a tract of land created by division from a larger tract on or after January 1, 1978, which would be a “major subdivision” if created under the Madison County Subdivision Regulations as they exist at the time this section 9.20 is being applied to a new placement of a well or septic line. In addition to these requirements, all septic tanks, drain fields, and well sites must comply with the regulations established by the Madison County Health Department. Any parcel that was rezoned by the Madison County Board of Commissioners between January 1, 2005 and December 31, 2005 shall be exempt from sections 9.20.1, 9.20.2 and 9.20.3 of this ordinance for a period of one year (365 days) from the date of the rezone. During that one year period, the location of septic tanks, drain fields and well sites shall be determined by the regulations established by the Madison County Health Department. For all other parcels, this section 9.20 shall be effective as of January 1, 2006.

ITEM 2. Should any sentence, section, subsection or provision of this Ordinance amending the Zoning Ordinance of Madison County or application thereof be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Zoning Ordinance of Madison Count y, as amended, as a whole nor any part thereof that is not specifically declared to be invalid or unconstitutional. ITEM 3. This Amendment to the Zoning Ordinance of Madison County Georgia shall take effect and shall be enforced from and after the date of its adoption, the public welfare demanding it. Approved by the Madison _________________, 2006.

County

Board

of

Commissioners

the

_________

BOARD OF COMMISSIONERS MADISON COUNTY, GEORGIA

By:_____________________________ ________________ Honorable Wesley J. Nash, Chairman, Madison County Board of Commissioners ATTEST: ____________________________________________________ Morris Fortson, Clerk, Madison County Board of Commissioners

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day

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Article IX: Special Provisions

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