Minutes for July 29, 2008

Mayor Burgess called the meeting to order with the following Council Members present: Angela Porter, David Terry and Anne Peppers. Also present were City Attorney Joe Reitman, City Manager Doug White and City Clerk Susan Roper.

Mayor Burgess led the pledge of allegiance.

Vice Mayor Terry introduced and welcomed residents from Town Park to the meeting.

Laurie Dickerson attended from Rosie’s Antiques stating that there must be some confusion; she did not have a parking issue.

Vice Mayor Terry made a motion, seconded by Council Member Porter to amend the agenda to add a new #9 Petition for Annexation and renumber the rest of the agenda. All were in favor.

Council Member Peppers made a motion, seconded by Vice Mayor Terry to approve the minutes for June 2008. All were in favor.

Council Member Peppers made a motion, seconded by Council Member Porter to approve the Financial Statements for June 2008 as presented. All were in favor.

City Attorney Joe Reitman explained to Mayor and Council the process of reviewing and adopting the new zoning ordinance as recommended for approval by the Planning and Zoning Commission. He handed out numerous copies of the procedures/standards and the ordinance. Mr. Reitman reported that the reason for the updating the zoning ordinance is because the last time the zoning ordinance was updated was in 1998 and the laws that govern zoning have changed, plus there is a need to add clarity to certain language in the ordinance to avoid ambiguity.

The changed/new language of the Procedures includes the following:

Speakers shall speak only from the podium, shall address only the merits of the pending application, and shall address remarks only to the Planning Commission or Mayor and Council. Each speaker shall refrain from personal attacks on any other speaker, any discussion irrelevant to the pending application, or any other inappropriate behavior. No debate or argument between speakers or with Commission or Council members will be allowed. Speakers shall not repeat previous comments, as repetition deprives other speakers of valuable time to provide new information. The presiding officer or his/her designee shall refuse a speaker the right to continue, if the speaker, after once being cautioned, continues to violate any section of this Ordinance. Speakers should provide supporting documentation prior to the date of the hearing. Speakers shall sign the speaker list prior to the hearing.

Staff shall then present the application and its supporting documents, along with an analysis of the applicable standards and criteria.

Persons other than the applicant who support the application are allowed to speak in support of the pending application for no more than 2 minutes each, and are also subject to the 15 minute combined total time limit.

It is suggested that supporters and opponents each obtain 1 spokesperson to present their views. No individual except the applicant, or an attorney, or a designated representative of a group, shall speak longer than 2 minutes or more than one time.

Each body shall review the record, consider the criteria, and vote on the application

Official notice shall be given in the legal organ in the county or counties where the subject parcel is located, 15-45 days prior to the hearings, which shall include the hour, time, place, and date of the hearing, the location of the property, the present zoning classification and the proposed zoning classification.

The City shall post a sign 15-45 days prior to the hearings in a conspicuous place on the property which shall include the hour, time, place, and date of the hearing, the location of the property, the present zoning classification and the proposed zoning classification.

[Regarding decision by the Mayor and Council:] or a zoning decision other than requested be made,

[Regarding conditional use applications which are granted:] Should the conditions cease to be met, the approval may be revoked after a public hearing conducted with the same notice and procedures as the original approval process.

Mr. Reitman distributed to the planning commission and members of the public a copy of an excerpt from the zoning ordinance containing the standards and criteria. The excerpts include parts of sections Section 706B Corridor Standards, Section 906 PUD Planned Unit Development District, Section 1302 Sign Standards, Section 1306 Sign Procedures, Section 1502 Planning Commission Hearings, and 1608 Standards of Review. Said excerpt is included with these minutes, and incorporated herein by reference. The changes and new language include the language attached as exhibit A.

Mr. Reitman stated that the PUD (Planned Unit Development) section has been updated as a whole and has new language. Mr. Reitman reported the ordinance regarding the signage has been updated to be more user friendly and to comply with the law and be in line with the state and federal requirements regarding non-commercial signs.

Mr. Reitman reported that on page 14 of the Zoning Standards, Section 1502 Planning Commission Hearing- Additional Conditional Use Permit Criteria, was all new.

Mr. Reitman reported that he did update the part of the standards regarding lighting on Hwy 11 and the Bypass and the traffic safety issues regarding lighting and the city would be able to enforce this with new language in the corridor section at section 706 as follows:

Luminaries shall be shielded to prevent glare onto adjacent property.

(5) Intensity. A maximum light level of PL = 0.2 foot candles measured at ground level is permitted. Entrances to developments may be lighted exceeding 0.2 foot candles for traffic safety only. High intensity sodium vapor lights are prohibited.

(6) Type of Illumination. Internal illumination is prohibited. External illumination shall be downward facing.

City Attorney Joe Reitman reported that the Corridor Overlay has been incorporated into the Zoning Standards of the main ordinance and will be referenced by the zoning map that was approved by the Mayor and Council.

City Attorney Joe Reitman reported that he has tried to streamline the updated ordinance as much as possible, which will be easier for staff and the public to use, and added more substance beneficial to protecting property and property values in the city.

Mr. Reitman has updated parts with new definitions and some new language that has been added. Mr. Reitman handed out copies of the new zoning ordinance to members of the planning commission and members of the public who desired a copy. Said zoning ordinance is included with these minutes, and incorporated herein by reference.

Mr. Reitman stated that the language concerning the landfills has been updated with new regulations and an area zoned for construction and demolition and inert waste landfills which are much more environmentally friendly than municipal solid waste landfills and hazardous waste landfills.

Mr. Reitman went through the zoning ordinance essentially chapter by chapter, discussing many of the key changes.

Mr. Reitman stated that the telecommunication towers would need to be regulated and he had inserted language in the ordinance to accomplish this, and tower applications now need to go through the proper process under the zoning ordinance.

Mr. Reitman reported that section 900 and following, setting forth the different zoning districts in the uses permitted therein, are the core of the zoning ordinance. This says this sets forth what you can do in each zoning district. Mr. Reitman reported that AG-2 has been added to have more consistency with the zoning in outlying areas contiguous to unincorporated property and counties. He has added new charts for the zoning districts.

Mr. Reitman reported that in the PUD district a lot of detail has been added. Mr. Reitman reported that new language in the signage section has been provided to make this section more understandable.Mr. Reitman advised on the appeal process and the changes that have been made. Mr. Reitman asked if anyone had any questions regarding the updates on the Zoning Ordinance.

[Excerpts of some of the key provisions contained in the new ordinance, many of which Attorney Reitman discussed with the planning commission, are attached as Exhibit B].

Exhibit A

Uses in a PUD. Any use allowable in a conventional zoning district may be proposed for inclusion in a PUD. Each proposed use must meet all requirements of the zoning districts in which it is allowed. Only the specific uses approved shall be allowed in the PUD. Any addition of uses, change of plans, or increase in size or density shall require a separate application for amendment to the original approved PUD and shall follow the same process as any other zoning ordinance amendment. Initial approval of a PUD does not grant a vested right to subsequently proposed amendments. Unless otherwise stated in this section, approved development standards and land uses shall become the standards for the subject property and, as such, shall become a part of these zoning regulations.

A PUD must have Protective Covenants for all property within the PUD. The Protective Covenants must be recorded in the office of the Clerk of the Superior Court. Said Protective Covenants must be effective for a period not less than 20 years, with an automatic 20-year renewal after the first and each subsequent 20 year period, and must provide for the following:

(i) Creation of a Property Owners Association with mandatory membership for each property owner,

(ii) Development, management, and maintenance of privately owned open space, community parking facilities, community meeting halls, and other common areas,

(iii) Maintenance of landscaping within the streetscape and common areas,

(iv) Approval by the Zoning Enforcement Officer prior to any amendments.

Streets. An interconnected network of streets and alleys must be provided. Streets and alleys shall terminate at other streets within the neighborhood. Dead-end street and cul-de-sacs are prohibited unless the Council determines that topography, adequate circulation, or other good cause exists to allow such. Streets shall be aligned with existing streets on adjoining property, unless the Council determines that topography or requirements of traffic circulation require deviation from such alignment.

Off-Street Parking. All off-street parking and parking lots shall be located in side or rear yards. No parking shall be allowed in the front setback. If parking is located in the side yard, it shall be screened by low walls, fences or hedges, three (3) to five (5) feet in height. Parking is prohibited in alleys. In a NeighborhoodCenter Area on or off site community parking facilities are encouraged. In a Mixed Residential Area, the required parking must be provided on site.

Special Site Requirements. The site proposed for PUD District classification must contain an area of ten (10) acres or more, unless a smaller area is specifically approved by the Planning Commission and Council due to special and unusual circumstances. In no case shall the lot size be less than five (5) acres. The site must abut a public street for a distance of at least one hundred (100) feet.

Required Report and Plans.

(1) Written Report. This shall describe the land uses proposed and the type, nature, size, intent, and characteristics of the proposed development. This report shall include:

(a) A description of the proposal including proposed uses and location;

(b) The proposed standards for development, including restrictions on use of the property, density, setback requirements, and any proposed restrictive covenants;

(c) An explanation of why the proposed development standards are necessary, if the proposed standards vary from existing standards in this ordinance;

(d) Plans for utilities, including water, sewer, and drainage;

(e) Plans for protection of abutting properties, including buffers, screening, and landscaping;

(f) Data stating the total number of acres (or square feet) proposed for every proposed use;

(g) Proposed development timetable;

(h) For any PUD or portion thereof within an overlay district, a Certificate of Appropriateness or a letter of support from the design review board (i.e. Historic Preservation Commission, Corridor Design Commission) for the district;

(i) Any streets and common open spaces not proposed for dedication to the City shall have the proposed maintenance and ownership agreements explained in detail;

(j) The architectural style and proposed site of all structures shall be indicated;

(k) Limited commercial uses may be included within the Planned Residential Development. However, these uses shall be only of a convenience neighborhood retail nature intended to serve the needs of the residents of the development. Similar land uses should face across streets, and dissimilar land uses should abut at rear lot lines or across alleys. A commercial use may not be open from 11:00 p.m. to 6:00 a.m. Residential uses in commercial buildings are permitted only above the first floor. Drive through facilities that permit people to remain in their vehicles while receiving services or products are prohibited, with the exception of fueling facilities of a service station. The retail uses shall be specified as a part of the proposal and shall be limited to a total of 10,000 square feet of gross floor area. Such uses may be proposed only on developments of 5 acres or more. Construction of any approved commercial portion must occur at the same time as the construction of the residential development; and

(l) Additional data required by the Zoning and Planning Official.

(2) Required Detailed Site Plans. These shall be prepared by a registered engineer, architect, land surveyor, or landscape architect. The site plan shall bear the official registration seal of the professional(s) who prepared the plan, and shall include as a minimum:

(a) survey of the property indicating all property dimensions, property size, adjoining owners, scale, north arrow, and tie-in point to a known location (road intersection, land lot corner, etc.),

(b) proposed platting (subdivision), streets, setbacks, building sites, type of use for each building site, access to the site, internal access and circulation, off-street parking areas, proposed public facilities and open areas, name of the development, and any special drainage features, and

(c) If the proposal includes the subdivision of land for any purpose or for the provision of new public or private streets, any additional information required under the citySubdivision Regulations. The rezoning request and the proposed subdivision of the property shall be processed simultaneously. Any requested variance from the Subdivision Regulations shall be listed on the site plan and explained in the written report.

(d) The proposed size, location, number of units and number of bedrooms of all residential structures shall be noted.

(e) The development controls for the subject property shall be shown (lot coverage, setbacks, building heights, lot sizes, and all other dimensions).

Section 1302 Standards

The Sign Table near the end of this article provides limits on signs. Any sign, display, or device allowed under this Division shall not depict nudity, sexual conduct, obscene or pornographic material or advertise an illegal activity. All signs must be on private property. No sign can be erected on or encroach on any public right-of-way.

1. For the purposes of determining the number of signs:

a) Each ground sign counts as one sign structure.

b) All other non-ground signs shall be considered to be a single display surface or display device containing elements organized, related and composed to form a unit.

c) Where matter is displayed in random manner without organized relationship of elements, such elements shall be considered to be a single sign.

2. Only permanent signs shall be allowed to be illuminated provided that:

a) No sign shall have blinking, flashing, or fluctuating lights or other illuminating devices which have a changing light intensity, brightness or color except those depicting only time, temperature or date.

b) No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic control devices. Neither direct nor reflected light from primary light sources shall create a hazard to operators of motor vehicles.

3. Further Standards:

a) No sign or illumination shall be used, constructed, maintained or located at any location where it may interfere with or obstruct the view of an authorized traffic control device. Nor shall any sign be similar to an authorized traffic control device or emergency vehicle device or markings.

b) No sign or sign structure above a height of three feet shall be maintained within 15 feet of the intersection of the right-of-way lines extended of two streets, or of a street intersection with a railroad right-of-way. However, a sign structure not more than six inches in diameter, if located on a corner lot where services are provided to the motoring public, may be located within the required corner visibility area if all other requirements of the Division are met and the lowest elevation of the sign surface is at least 10 feet above the ground level.

c) No sign shall obstruct any fire escape, any means of egress or ventilation or which prevents free passage from one part of a roof to the other part thereof; nor shall any sign be attached to a fire escape.

d) It shall be unlawful to post any signs or advertisements on any building, fence or other property belonging to another person without the written consent of the owner being provided to the city.

4. Weekend directional signs are permitted from 1:00 p.m. Friday to 11:59 p.m. Sunday subject to the following:

a) Directional signs shall not exceed four square feet per side and be no more than three feet in height.

b) Signs must be attached to an independent device no more than forty inches above ground level. Mounting must be secure.

c) All mounting devices shall be removed when the sign is removed.

d) All mounting devices shall bear the name and phone numbers of the installer / owner.

e) Signs shall be waterproof.

f) Signs shall not be within ten feet of the pavement of any street.

g) No two signs referring to the same item may be separated by less than 2,500 lineal feet.

h) No more than two directional signs for any one project, event, or purpose may be located at the intersection of two roads.

5. Political signs not exceeding 24 square feet and one per entrance shall be permitted within any zoning district subject to the following:

a) Before any political sign is erected, the permission of the owner of the property upon which the sign is proposed to be erected shall be obtained.

b) No political signs shall be placed within any city, county or state rights-of-way.

6. Directory Signs are authorized in all non-residential planned subdivisions of land within any non-residential zoning district subject to the following conditions:

a) Signs may not be within 100 feet of an entrance to a project.

b) One such sign per entrance (exclusive of driveways) is permitted.

c) The sign shall not be within the public right-of-way.

d) Maximum sign area is 16 square feet unless otherwise stated.

e) Maximum height of the sign shall be 6 feet.

f) Name of the project may be listed together with the tenant listing; however, the name of the project shall not be larger than five square feet.

g) These signs shall be permanently constructed and consist of low-maintenance materials such as stone, masonry, metal, ceramic materials, and plastics.

Section 1306 Procedures

A sign permit is required before a sign, other than a sign exempted herein, may be erected or attached to, suspended from or supported on a building structure; and before an existing sign may be enlarged, relocated or materially improved upon to an extent of 50 percent of its total replacement value. The application shall be tendered to the City Clerk.

1. A sign permit shall be issued when the plans, specifications, and intended use of the applied sign or part thereof conform in all respects to the applicable provisions of this Ordinance and the Building Code.

2. The application shall be accompanied by all the information required and such other information as the City may require in the exercise of sound discretion in acting upon the application; standardized sign plans may be filed in fulfillment of this requirement, although site plans to determine the location of a sign shall be filed with each application.

3. The City may issue a temporary permit for instructional signs prior to a specified event. The applicant requesting a permit to place the above-mentioned signs shall file a bond in the amount of $50. Said bond will be remitted upon the removal of all signs by the applicant within 10 days following the event and the observance of all laws, ordinances, and regulations. Said permit shall allow signs to be posted no earlier than seven days prior to the event.

4. The City may issue a permit for temporary signs to be attached to a building or beneath a canopy prior to a special event. The applicant requesting a permit to place the above-mentioned signs shall file a bond in the amount of $50. Said bond will be remitted upon the removal of all signs by the applicant within 10 days following the event and the observance of all laws, ordinances, and regulations. Said permit shall allow signs to be posted no earlier than seven days prior to the event.

5. Each application shall contain an agreement to indemnify and save the City and County harmless of all damages, demands or expenses which may in any manner be caused by the sign or sign structure. Each applicant shall present to the county on request a certificate of liability insurance prior to the issuance of a sign permit.

6. Every sign constructed, erected or maintained for which a permit is required shall be plainly marked with the name of the person, firm or corporation erecting and maintaining such sign, and shall have the number of the permit affixed on the framework of the sign so the information shall be readily accessible and durable.

7. Permits shall not be required for exempt signs. However, all signs using electrical wiring and connections shall require an electrical permit.

8. A sign permit shall become null and void if the sign for which the permit was issued has not been completed within a period of six months after the date of issuance.

9. Applications for sign permits required above shall be filed by the sign owner or owner’s agent with the City Clerk upon forms as provided. The application shall describe and set forth the following and any additional information pertinent to the sign application as may be requested by the City:

a. The type and purpose of the sign as defined by this Ordinance.

b. A site plan showing the location of the sign.

c. Elevation drawing showing the height and dimensions of sign face.

d. The total construction cost of the sign.

e. The street address of the property upon which subject sign is to be

located and the proposed location of the sign on the subject property. In

the absence of a street address, a method of location acceptable to the

City shall be used.

f. The square foot area per sign and the aggregate square foot area if there

is more than one sign face.

g. The name(s) and address(es) of the owner(s) of the real property upon

which the subject sign is to be located.

h. Written consent of the owner for the sign.

i. The name, address, phone number, and business license number of the

sign contractor.

j. Business license number of sign owner if the sign is for a business.

10. A sign permit shall become null and void if the sign for which the permit was issued has not been completed within six months after the date of issuance, provided however, that a six-month extension of the permit shall be granted if an additional permit extension fee has been paid prior to the expiration date of the initial permit.

11. Upon receipt of a properly completed application for a sign as permitted under the provisions of this Ordinance, the City shall examine and process the application within ten working days. A permit may be denied if the applicant, landowner or lessee is presently maintaining any sign in violation of this Zoning Ordinance. No permit shall be issued until the appropriate application, including exact dimensions, area, and estimated construction cost of the sign, have been filed with the City and fees have been paid as established by the City. The following sign table governs. All sizes and distances reflect feet.

ZONING

DISTRICTS

MAX

HEIGHT

MIN

SETBACK

MAXIMUM SIZE

NUMBER AND TYPE PERMITTED

GROUND

WALL

GROUND

WALL

Business signs for individual lot

Non-Residential

5

0-5

16 sq. ft.

24 sq. ft.

1 per road

frontage

1 permitted

Church bulletin, public recreational facilities, public buildings, etc.

All

Districts

10

5

16 sq. ft.

24 sq. ft.

1 per road frontage

1 permitted

Private school, church or associations

R and AG Districts

5

5

16 sq. ft.

24 sq. ft.

1 per road frontage

1/road frontage

Permanent entrance sign of a commercial or office development

Non-Residential

12

0

24 sq. ft.

24 sq. ft.

One per entrance

One per entrance

Permanent sign identifying only name of Subdivision (sign structure must be brick, stone or masonry)

R and AG Districts

8

0

16 sq. ft. per sign

Not allowed

Two per entrance

Not allowed

Identifying farm products produced on premises

AG Districts

5

10

16 sq. ft.

Not allowed

1 per road frontage

Not allowed

No sign shall be closer than 10 feet to the back of curb of a public roadway. Multiple sign faces are permitted on each sign structure. However, total faces shall not exceed total permitted square feet. Properties with multiple road frontages may transfer a maximum of 50 percent of the allowable square footage from one road frontage to the other.

Section 1502 Planning Commission Hearings.

4. Additional Conditional Use Permit Criteria. No application for a conditional use permit shall be granted by the Mayor and Council unless it is determined that in addition to meeting the requirements contained within applicable use standards and the zoning district in which the conditional use permit is located, satisfactory provisions and arrangements have been made concerning each of the following factors, all of which are applicable to each application:

a. Adequacy of the size of the site for the use contemplated and whether adequate land area is available for the proposed conditional use;

b. Compatibility with adjacent properties and with other properties in the same zoning district;

c. Adequacy of the public street on which the use is proposed to be located and whether or not there is sufficient traffic-carrying capacity for the use proposed;

d. Ingress and egress to the subject property and to all proposed buildings, structures, and uses thereon, with particular reference to pedestrian and automotive safety and convenience, traffic flow and control, and access in the event of fire or other emergency;

e. Whether the proposed use will create unreasonable adverse impacts upon any adjoining land use by reason of noise, smoke, odor, dust, or vibration generated by the proposed use;

f. Whether the proposed use will create unreasonable adverse impacts upon any adjoining land use by reason of the hours of operation of the proposed conditional use;

g. Whether the proposed use will create unreasonable adverse impacts upon any adjoining land use by reason of the manner of operation of the proposed use;

h. Whether there is adequate provision of refuse and service areas;

i. Whether the length of time for which the conditional use permit is granted should be limited in duration;

j. Whether the size, scale and massing of proposed buildings are appropriate in relation to the size of the subject property and in relation to the size, scale and massing of adjacent and nearby lots and buildings.

k. Whether the proposed plan will adversely affect historic buildings, sites, districts, or archaeological resources; and

l. Whether the proposed plan will have an unreasonable adverse impact on natural resources or environmentally sensitive areas, including floodplains, wetlands, prime plant or animal habitat, or other similar features of unique value to the character of City.

Exhibit B

Section 100. General Purpose.

8. To guide and regulate the orderly growth, development, redevelopment, and preservation of City in accordance with a well-considered comprehensive plan and with long-term objectives, principles, and standards deemed beneficial to the interest and welfare of the people.

To protect the established character and the social and economic benefit of all property.

To promote the efficient utilization of land.

To promote the preservation of open space.

To provide for adequate light, air, convenience of access, and safety from fire, flood, and other dangers.

To reduce or prevent congestion in the public streets.

To facilitate a convenient, attractive, and harmonious community.

To encourage an aesthetically attractive environment, both built and natural, and to provide for regulations that protect and enhance these aesthetic considerations.

To encourage economic development activities that provide desirable employment and enlarge the tax base.

To promote the preservation of the unique natural and physical resources of the City, including forested areas, streambeds, and archaeological sites.

To achieve compliance with all applicable state and federal regulations.

To provide for and promote housing for all income groups within the City and to promote the stability of neighborhoods.

To implement the authority, powers, and duties of the Planning Commission and Mayor and council pursuant to state and local law, including but not limited to the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 4 and Ga. L. 1956, p. 3332, as amended.

To provide for protection of the constitutional rights and obligations of all citizens within the City.

Section 102. Interpretation, Application and Jurisdiction.

3. No building, structure, premises or land shall hereafter be used or occupied and no building or part thereof shall be erected, remodeled, extended, enlarged, constructed, moved, or altered in a manner that increases the extent of non-conformity except in conformity with the regulations herein specified for the district in which it is or is to be located.

No lot, even though it may consist of one or more adjacent lots of record, shall be reduced in size so that lot width or depth, front, side or rear yard, inner or outer courts, lot area per family or other requirements of this Ordinance are not met. This Section shall not apply when a portion of a lot is acquired for public use within the City.

ARTICLE III

DEFINITIONS

Adult Use. An establishment where, for any form of consideration, which: provides adult entertainment services or activities, offers adult entertainment live performances, dancing or modeling, provides accommodations (rents, leases, or lets rooms) for an adult entertainment purpose, or specializes in, meaning having a substantial stock-in-trade, and offers for retail sale the following adult entertainment items: books, magazines, periodicals, or other printed matter or photographs, films, motion picture, video cassettes, slides, or other visual representations; or instruments, devices, equipment or paraphernalia.

Adult Entertainment. Means distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas as defined below. Adult uses, include without limitation, the following: adult arcade, adult bookstore, adult cabaret, adult mini-motion picture theater, adult motion picture theater, adult sauna, adult theatre, adult massage parlor, and adult sexual paraphernalia store. This definition does not include services or treatment administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional person licensed by the state.

Adult Use, Specified Anatomical Areas. As used herein, specific anatomical areas means and includes any of the following: (1) less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areola; or (2) human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Adult Use, Specified Sexual Activities. As used herein, specific sexual activities means and includes any of the following: (1) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; (2) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; (3) masturbation, actual or simulated; or (4) excretory functions as part of or in connection with any of the activities as set forth in subdivisions 1 through 3 of this subsection.

Convenience Store. A one-story, retail store containing less than 3,500 square feet of floor area, designed and stocked to sell primarily pre-packaged food, beverages, household items, and fuel, to customers who purchase only a relatively few items.

Guest House. A secondary building incidental to the principal residence which is used only for the non-commercial boarding of guests or full time workers.

Hazardous Waste. Any solid waste which has been defined as a hazardous waste in regulations, promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act, which are in force and effect on February 1, 1988, codified as 40 C.F.R. Section 261.3.

Impervious Surface. A man-made 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.

Industrial, Heavy. Uses engaged in the processing and/or manufacturing of materials or products predominantly from extracted or raw materials. Includes manufacturing processes using flammable or explosive materials; storage of flammable or explosive materials; or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. Operations typically do not make reasonable attempts to control the external effects of the manufacturing process, such as smoke, noise, soot, dirt, vibration, odor, etc. Heavy industrial is specifically excluded in City.

Industrial, Light. Establishments engaged in the non-polluting manufacture, predominantly from previously prepared materials, of finished products or parts including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, or distribution of such products. Further, “light industrial” and “industrial” shall not include loud, dusty, polluting, odorous or other intensive industrial uses or those which tend to produce smoke, soot, or vibration, or those uses such as including without limitation mining and extracting industries, asphalt plants, concrete plants, cement plants, abattoirs, chicken houses, slaughterhouses, use or storage of flammable or explosive materials, use of radioactive materials, poisons, pesticides, or herbicides, or petrochemical industries, rubber refining, primary metal, or related or similar industries.

Industrialized Home. A dwelling unit manufactured in accordance with the Georgia Industrialized Building Act (O.C.G.A. § 8-2-1 et seq.), and the Rules of the Commissioner of the Georgia Department of Community Affairs issued pursuant thereto, and meeting the following development standards:

a) A minimum width in excess of twenty-eight (28) feet.

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

c) A minimum roof overhang of 12 inches is required. All roof surfaces exposed to view shall be covered with asphalt or fiberglass shingles, wood shakes or shingles, standing seam (non-corrugated tin or steel), clay tiles, slate, or similar materials.

d) Exterior siding consisting of wood, hardboard, vinyl, brick, masonry, or stone, comparable in composition, appearance, and durability to the exterior siding commonly used in site dwellings.

e) A curtain wall, un-pierced except for required ventilation and access, must be installed so that it encloses the area located under the home to the ground level. Such a wall shall have a minimum thickness of four (4) inches and shall be constructed of masonry or similar material as approved by the Zoning Administrator.

f) The dwelling must be placed on a permanent foundation, either slab or pier, which meets the requirement of the Standard Building Code. In addition, the dwelling shall be completely underpinned with masonry, stone, or other similar materials manufactured for the purpose of underpinning as approved by the Zoning Administrator. Installation shall be in accordance with the Rules and Regulations for Manufactured Homes made and promulgated by the Georgia Safety Fire Commissioner and shall be completed prior to permanent electrical service.

g) Utility meters must be mounted to the structure rather than on a utility pole, and all axles, tongues, and transporting and towing apparatus must be removed before occupancy.

h) A landing must be installed at each doorway. The minimum size of the landing shall be four feet by six feet (excluding steps) at each doorway. The structure must include steps which lead to ground level, and both landing and steps must meet the requirements of the Standard Building Code.

i) The dwelling must be installed in accordance with O.C.G.A. § 8-2-110 et seq., and the rules promulgated thereunder.

Junk. Any old or scrapped metal, rope, rags, batteries, paper, trash, rubber, debris, junked dismantled to wrecked automobiles, or parts therefrom, old lumber, and other scrapped ferrous or non-ferrous materials.

Junkyard. Property used for keeping junk.

Land Disturbance Permit (LDP). A permit that authorizes clearing or grading.

Open Space. A parcel or area of land or water set aside, dedicated, designated, or reserved for public or private use in an essentially undeveloped or unimproved state that would: (1) conserve and enhance natural or scenic resources; (2) protect streams or water supply; (3) promote conservation of soils or wetlands; (4) enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations, or sanctuaries; or (5) enhance passive or active recreation areas. It shall be recorded as part of a land subdivision plat which is reserved for the use of adjoining owners, occupants and their guests.

Restaurant. An establishment where food and drink are prepared, served, and consumed primarily within the principal building. The term encompasses cafes, grills, and lunch counters and includes outdoor customer dining areas and carry-out/take-out service but excludes without limitation drive-in and drive-through restaurants.

Road, Major Collectors. The primary purpose of a Collector road is to collect and distribute traffic between the Local Streets and the Major and Minor Arterial Streets and to provide access to adjacent properties. These roads, with minor collectors, primarily serve county rather than state traffic. More moderate speeds are typical. They serve traffic generators of intra county importance, such as consolidated schools, shipping points, county parks, and important business and agricultural areas. They link these places with nearby cities, arterials and freeways, and serve the more important intra county travel corridors.

Road, Rural Minor Arterials. With the principal arterial system, these roads form a rural network that links other cities, larger Cities, and other traffic generators capable of attracting travel over long distances; links all developed areas of the state; and serve corridors with trip lengths and travel density greater than those predominantly served by rural collector or local systems. Minor arterials’ design should provide for relatively high overall travel speeds, with minimum interference to through-movement.

Sign, Area of. The area of a sign shall be computed as including the entire area within a regular geometric form or combinations of regular geometric forms, comprising all of the display area of the sign and including all of the elements of the matter displayed. Structural frames and members not bearing advertising matter shall not be included in computation of surface area.

Sign, Directory. A sign which is located within the boundary of a development, as defined by the approved Plat on which the address and name of the businesses, tenants and/or occupants of the development is placed. Directional information may also be placed on the sign (e.g., map of the project showing streets, etc.).

Sign, Planned Center. A serial sign which identifies the names of businesses, offices, professionals, industries or other entities located within a planned center.

Subdivision. Any division of land into 2 or more lots, building sites or other divisions; provided, however, that the following are not included in this definition:

(a) the division into parcels of 5 acres or more, if each resulting parcel has at least 150’ of frontage on an existing public road;

(b) the sale or exchange of land between owners of adjoining properties, provided that additional lots are not thereby created, and that the modified lots comply with this Ordinance and the City Subdivision Regulations.

TelecommunicationsTower. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas: self-supporting lattice towers, guy towers and monopole towers, radio and television transmission towers, microwave towers, common carrier towers, and cellular communications towers.

Wetlands. Those areas inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. See Division 420. Wetlands generally include swamps, marshes, bogs and similar areas. (33 CFR 32.93) The ecological parameters for designating wetlands include hydric soils, hydrophytic vegetation, and hydrological conditions that involve a temporary or permanent source of water to cause soil saturation. Freshwater wetlands do not include any areas defined as “coastal marshlands” by the State Coastal Marshlands Protection Act.

Section 402. Interpretation of Zoning District Boundaries.

5. Where a public road, street or alley is officially vacated or abandoned, the ordinances applicable to the property to which it is reverted shall apply to such vacated or abandoned road, street or alley.

6. In case the exact location of a boundary cannot be determined by the foregoing methods, the Mayor and Council shall, upon application, determine the location of the boundary pursuant to a public hearing advertised per the requirements of this Ordinance.

Section 505. Accessory Uses or Structures.

4. In the Residential districts, unless otherwise allowed by this Ordinance,no accessory building shall exceed 1,000 square feet and the total floorarea of accessory structures shall not exceed 50 percent of the principal dwellingon the lot.

5. No accessory building shall be utilized unless the principal structure is also occupied. There shall be a distance of not less than twenty (20) feet between a principal and accessory building located on the same lot or parcel unless the principal building and the accessory building share a common wall.

Section 613. Building Materials and Landscaping.

Sheet metal, vinyl siding, exposed common concrete block and similar materials shall not be permitted as exterior materials on sides of buildings facing any road. The exterior material of the face of said buildings on the sides facing a road shall consist of glass, brick, stone, textured masonry block, real stucco, wood or similar building materials. Front and side yards shall be landscaped with ground cover, shrubbery and trees that are well-maintained.

In residential zoning districts, sheet metal, vinyl siding, exposed common concrete block and similar materials shall not be permitted as exterior building materials. Soffits, gables and eaves may be finished in vinyl.

Section 614. Requirements for Customary Home Occupations

9. The following uses may not be considered for home occupations: Auto repair, sales, or similar operations, restaurants, funeral homes, keeping of animals, retail or wholesale sales, storage or warehousing of material, equipment, or merchandise, hotel or motel type establishments, adult entertainment, any business involving alcohol, drugs or medications, or any use that is in conflict with the intent of this Ordinance.

10. No equipment or processes shall be used in such home occupation, which creates noise, vibration, glare, fumes, odors or electrical interference, outside the dwelling unit. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any television or radio receivers off the premises, or cause fluctuations in line voltage off the premises.

Section 616. TelecommunicationsTower and Antenna

1. No towers may be located in Residential or Agricultural zoning districts.

2. Notwithstanding setback regulations, the required setback to any public right-of-way or property line is equal to the height of the tower. The setback shall be measured from the base of the tower.

3. Telecommunications towers and antennas shall either maintain a galvanized steel finish or, subject to any applicable standards of the Federal Aviation Administration or Federal Communications Commission, be painted a neutral color, so as to reduce visual obtrusiveness. At a tower site, the design of the buildings and related structures shall, to the maximum extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment shall be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. No advertising sign or logo is permitted on any tower or antenna.

4. Radio, television or other electromagnetic transmission(s) or reception on other properties will not be disturbed or diminished.

5. The tower will have lighting which consists of a red light at night and strobes in daylight, when lighting is required by the Federal Aviation Administration. The lighting shall be oriented so as not to project directly onto surrounding residential property. The owner shall submit documentation from the FAA that the lighting is the minimum required by the FAA.

6. Telecommunications towers and antennas shall be entirely enclosed by a security fence not less than six feet tall. Towers shall be equipped with an appropriate anti-climbing device. This requirement shall not apply to alternative tower structures provided equivalent alternative security measures are installed.

7. In addition to any other landscaping or buffer requirements that may apply, telecommunications towers and antennas shall be landscaped with a buffer of plant material that effectively reduces the visual obtrusiveness of the tower site from adjacent uses. Existing tree growth and natural land forms on site shall be preserved to the maximum extent possible. At a minimum, a landscaped buffer strip 25 feet in width shall be provided around the perimeter of the site. The tower compound shall be surrounded by a tight evergreen vegetative screen not less than six feet tall and shall consist of evergreen trees and/or shrubs that will normally obtain a height of eight feet within five years. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible.

8. Telecommunications towers and antennas shall be constructed to the minimum height necessary to accomplish their required telecommunications purpose.

9. Output power levels from the tower and/or associated antennas shall not exceed the current federally approved levels for exposure to electromagnetic radiation.

10. Each applicant requesting a conditional use permit shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information deemed by the Building & Code Official to be necessary to assess compliance with this Ordinance. Any information of an engineering nature shall be certified by a licensed professional engineer.

11. Each applicant for a tower and/or antenna shall also provide an inventory of its existing towers that are either within the City or 1/4 mile thereof, including specific information about the location, height, and design of each tower. The City may share such information with other applicants applying for land use approvals and permits under this Ordinance or other organizations seeking to locate antennas within the City. However, the City is not, by sharing such information, representing or warranting that such sites are available or suitable.

12. The Planning Commission and Council shall consider the following factors in determining whether to issue a Conditional Use Permit for a telecommunication facility:

b. Proximity of the tower to residential structures and residential district boundaries.

c. Type of uses on adjacent and nearby properties.

d. Surrounding topography.

e. Design of the tower, particularly as to visual obtrusiveness.

f. Proposed ingress and egress.

g. Availability of suitable existing towers and other structures as discussed above, and

h. Whether the tower is designed to accommodate additional antennas.

13. All decisions by the City or its officials regarding a request to place, construct or modify a telecommunications tower or antenna shall be in writing and supported by a written record documenting the reasons for the denial and the evidence in support thereof. All such decisions shall be made within a reasonable time from the date a completed application is duly filed with the appropriate Department. Applications in all cases where the telecommunications tower or antenna is an authorized use shall be made to and decided by the Mayor and Council upon review and recommendations of the City and CountyEngineer pursuant to all standards and requirements herein.

14. Co-location of antennas is encouraged. Each applicant for a telecommunications tower or antenna shall provide to the City an inventory of existing towers that are either within the jurisdiction of Social Circle or within one-quarter mile of the boundaries thereof, including information regarding the location, height, and design of each tower. The City may share such information with other applicants applying for conditional use permits under this Ordinance or with other organizations seeking to locate antennas within the jurisdiction of Social Circle, provided, however, that the City is not, by sharing such information, in any way representing or warranting that such sites are available or suitable. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of Social Circle that no existing tower or structure can accommodate the applicant’s proposed antenna. Evidence shall be submitted at the time of application which demonstrates that no existing tower or structure can accommodate the applicant’s proposed antenna and may consist of the following:

a) No existing towers or structures are located within the geographic area required to meet the applicant’s engineering requirements.

b) Existing towers or structures are not of sufficient height to meet the applicant’s engineering requirements.

c) Existing towers or structures do not have sufficient structural strength to support applicant’s proposed antenna and related equipment.

d) The applicant’s proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures or the antenna on the existing towers or structures would cause interference with the applicant’s proposed antenna.

e) The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable.

f) The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

15. All transmission towers installed after the effective date of this Ordinance shall be structurally and mechanically capable of accommodating the antenna or array of antennae of more than one user/transmitter, unless the tower is incapable of supporting more than one user/transmitter due to the design of the tower which is incorporated into another structure in compliance. Monopoles shall accommodate a minimum of two total users, lattice or other types of towers shall accommodate a minimum of three total users. To ensure structural integrity, towers and antennas shall be maintained in compliance with the Building Code and the current applicable standards published by the Electronic Industries Association. If the City concludes that a tower or antenna fails to comply and/or constitutes a danger to persons or property, then upon notice to the owner, the owner shall have thirty days to bring such tower or antenna into compliance. If the owner fails to do so, the City may remove such tower or antenna at the owner’s expense. Any such removal shall be in the manner provided in O.C.G.A. Sections 41-2-8 through 41-2-17.

16. To further encourage co-location, additional users and associated equipment which do not add to the tower height, may be added without additional approval. However, additional building code regulations may apply. Site plans must show the locations for at least two equipment buildings, even if the tower is proposed for a single user.

17. Installation of an antenna on an existing alternative tower structures (a building, sign, light pole, water tower, or other free-standing non-residential structure) 50 feet tall or greater is permitted, subject to zoning district restrictions.

18. The placement of additional buildings or other supporting equipment necessarily required in connection with an otherwise authorized telecommunications tower or antenna is authorized.

19. Any telecommunications tower or antenna that is not operated for a continuous period of 6 months shall be considered abandoned and the owner of such antenna or tower shall remove same within 90 days of receipt of notice by Social Circle notifying the owner of such abandonment.

Section 617. Development of Regional Impact

When an application for rezoning, conditional use permit or preliminary plat review includes any uses which exceed the applicable development thresholds as established by the Department of Community Affairs or the Northeast Georgia Regional Development Center (NEGRDC), it shall be deemed to be a Development of Regional Impact (DRI). The application for such rezoning, conditional use permit or preliminary plat review shall include three copies of a completed traffic study prepared in conformity with the Subdivision Regulations and two copies of completed forms for review of Development of Regional Impact by the NEGRDC and other affected state and local government agencies as they shall deem appropriate. No action shall occur on such a rezoning, conditional use permit or preliminary plat review application by the Mayor and Council until a recommendation is received from the NEGRDC regarding the Development of Regional Impact, provided that such application shall have been complete in every respect and was received by the City within 90 days of the date that the completed DRI review application forms were received by the NEGRDC.

Section 618. Landscaping Businesses.

Outside storage is permitted only in the rear yards and located at least 25 feet from any property zoned or used for residential. Such storage shall be screened from neighboring residential properties and streets with an opaque fence or a vegetative screen, subject to the approval of the City. Vehicles such as tractors, mowers, trucks, and trailers, shall not be parked in the front yard. Employee parking may not be within the front yard if adjacent or across the street from residential property, zoned or used. No storage or parking may occur within buffers or landscaping areas.

Section 619. Livestock.

No livestock barns, shelters, pens or other quarters are to be located closer than 100 feet to any property line. Adequate off-street parking shall be provided for livestock trailers, tractors, vehicles, etc. associated with the use, in addition to the requirements of the Zoning Ordinance.

Section 620. Churches, Temples and Synagogues.

If located in a residential district, the site must be a minimum of 3 acres. Accessory uses include Sunday School facilities, recreational areas, parking, cemetery, caretaker’s housing in a separate residential structure, and residential living facilities such as a convent, abbey, or parsonage. All accessory uses must meet the requirements of this ordinance. When located in a residential district, the following conditions shall apply:

1. Place of worship must be located on a collector or arterial street;

2. A 50 foot buffer or 25 foot buffer with opaque screening adjacent to residential zoning is required; Driveways and parking areas must set back 25 feet from side property lines;

3. No school, child care, adult day care, gymnasium, homeless shelter, and caretaker’s housing within the church building, amphitheater, or lighted ball field shall be allowed without a conditional use.

4. Active recreation fields, such as for baseball, football or soccer, or any amphitheater must be located at least 100 feet from any property line adjacent to a residential district or use.

Parking lot landscaping standards shall apply. The provisions of this section are not intended to impose a substantial burden on the exercise of religion by a person, religious assemble or institution, and such burdening of religious exercise is not allowed except for provisions that serve a compelling government interest. In considering a request for a variance from any term imposed under this section, and if the variance is not warranted under the existing standards, the Planning Staff shall consider the following:

1. Whether the regulation imposes a substantial burden on exercise of a religion;

2. Whether the regulation serves a compelling government interest; and

3. Whether the regulation is the least restrictive means to serve that interest, or

4. Whether the request can be granted without harming that interest.

If any provision of this section is found to impose a substantial burden on the exercise of a religion and does not serve a compelling government interest or is not the least restrictive means to serve that interest, the variance shall be granted.

Section 621. RecreationCenter.

Buildings and structures shall be set back not less than 100 feet from any property line, except when such property line is a street line. In such case, the front yard setback of the district shall apply. Recreation facilities shall comply with the Subdivision Regulations. Swimming pools shall comply with the standards herein. Outdoor activity shall cease by 10:00 p.m.

Section 622. Schools, K-12.

Minimum lot size for private elementary, middle, and high schools: One acre, plus one additional acre for each 100 students. Active Recreation fields, such as for baseball, football or soccer must be located at least 100 feet from any property line adjacent to a residential zone or use. A minimum buffer of 50 feet shall be required adjacent to any residential use or zone. No play area may be within the buffer or landscape area.

Section 623. Tree Service.

Parking of vehicles and equipment shall be set back no less than 100 feet from property zoned or used as residential and 50 feet from any right-of way. No activity such as grinding, mulching may occur within 200 feet of all property lines. Burning is prohibited. A minimum 50-foot buffer, or 25-foot buffer with an 8-foot high opaque wooden fence, is required adjacent to all interior property lines, and a 25-foot buffer along any public right of way. Stock piling of by-product is limited to no more than 14 days.

Section 624. Day Care Facility.

The use must provide at least 100 square feet of outdoor recreation area as required by state day care requirements. The outdoor play area must be enclosed with a 4 foot high fence. The use shall comply with all applicable state day care requirements for standards, licensing, and inspections. The use shall provide paved driveways with drop-off areas and turn-arounds to be reviewed by the City Engineer so that traffic associated with the use does not impede the flow of traffic on adjacent streets. Uses located within residential districts shall maintain a residential appearance. Day Care in residential structures must be occupied by a full time resident, either the owner or a tenant under written lease agreement.

Section 625. When Traffic Study Required.
A traffic study is required for a rezoning, conditional use permit or preliminary plat review application for a project meeting any of the following criteria: [Note: The Institute of Transportation Engineers’ Trip Generation Handbook uses square footage as an indicator of traffic generation for commercial and industrial developments.]

1. Single-family developments with over 25 new lots or units at build-out; or

2. Retail developments with over 25,000 square feet; or

3. Office developments with over 25,000 square feet.

Section 626. Inert and Construction and Demolition Landfills.

1. The following conditions must be met, except Inert Landfills only require a distance of one-half (1/2) of each of the distance requirements listed below:

a. The location and boundaries of the site shall be surveyed and a plat and legal description provided to the City, together with other exhibits as required in this ordinance. The landfill shall have primary access via a state or federal highway or a paved road. All such operations shall be located on a road that does not create traffic through an area developed primarily for residential purposes. A stop sign shall be erected and maintained by the owner/operator at all egress roads from the landfill. Under no circumstances shall trucks use private drives or private access routes to or from the applicants’ property that are within 300 feet of any residence.

b. A landfill shall only be permitted where all roads used for access have been built to a standard sufficient to withstand the projected number of trips per day at maximum weight for the vehicles expected. If a landfill is proposed adjacent to roads that are not sufficient to withstand the loads, or were not designed for such loads, the landfill owner must pay to bring such roads up to standard from the entrance(s) of the landfill to the nearest County or State road of sufficient strength; or the landfill shall be denied. Truck traffic shall be restricted to roads of sufficient strength and width,with either a turning lane or four lanes.

c. To allow for an adequate buffer, the landfill shall be located on a parcel of land not less than 250 acres in size, and the landfill “cell” area (that is, holding actual waste) may not exceed thirty (30%) of the total acreage, with landfill operations areas (i.e., “cells” plus scales, offices, storage, other buildings, etc.) not exceeding forty (40%). No landfill cell may exceed sixty (60) feet in height above the original natural grade, when fully filled, covered and vegetated. No more than ten (10) acres of the property can be active landfill cell at any one time.

d. The proposed facility shall not be located within two miles of a significant groundwater recharge area nor within two (2) miles upgradient of any water supply watershed nor within 1000 feet of a wetland nor in the 100-year floodplain nor in seismic impact zones nor in unstable areas nor within four hundred (400) feet of a fault that has had displacement in Holocene time.

e. Such facility shall not be situated within two miles upgradient of any surface water intake for a public water drinking water source.

f. The applicant shall include with any rezoning application a report detailing the phasing of the landfill.

2. Such use shall also comply with the following regulations:

a. The landfill shall be suitably fenced to control access to the premises and to prevent the spread of materials. All landfill cell areas and landfill operations areas must be surrounded by a chain link fence at least eight feet high, topped with three strands of barbed wire, angled 45 degrees toward the outside of the premises to the top. All entrances shall have an 8-foot high gate, which shall be closed and locked at all times that the landfill is not open.

b. Upon final closure of the landfill, the site shall be left in a stabilized and vegetated condition in accordance with a Post Closure Plan approved by the Georgia Department of Natural Resources. Furthermore, the reclamation plan for the closed landfill shall be submitted to and be subject to approval by the Mayor and Council. The plan shall propose reclamation or redevelopment that will best serve the needs and interests of the citizens of City. Reclamation or redevelopment shall be accomplished as soon as practicable following closure of any areas of the landfill. Substantial completion of reclamation or redevelopment shall be effected within two years after termination of the waste disposal facility. Inactivity for six consecutive months shall constitute, for this purpose, termination of disposal activities.

c. Materials placed in landfills shall be compacted to the extent possible with available equipment and covered with earth at least monthly or more frequently as may be required to meet industry standards.

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

e. All-weather access roads shall be provided to the disposal site and provisions shall be made for waste moving and grading equipment repair or replacement when needed within a reasonable period of time.

f. The applicant shall follow all applicable Federal and State laws and City regulations so as to prevent air, land and water pollution, public health hazards or nuisances.

g. Suitable means shall be provided to prevent and control fires, including sufficient dirt stockpiled near the active cell to extinguish fires.

h. Rodents and insects shall be controlled to meet industry standards.

i. The applicant shall submit to the City the design and operation plans of the landfill facility once they are approved by the State of Georgia. All landfills shall be double composite lined, designed and installed under the supervision of a licensed professional engineer, with a leak detection system between the two liners, and leachate collection per EPA Subtitle D. However, Inert Landfills shall only require one such composite liner.

j. A minimum 400-foot natural, undisturbed buffer shall be provided between all active waste burial areas and exterior property lines except for approved perpendicular access and utility crossings. The buffer must be sufficiently vegetated to be completely opaque and prevent viewing of any landfill cell at all times of the year. If the preexisting natural buffer is insufficient, the buffer shall be enhanced with a berm of at least 10 feet in height and fifty (50) feet wide at the top and plantings of evergreen trees, not more than 10 feet apart, or evergreen shrubbery not more than 5 feet apart, in staggered rows, on the berm, parallel to the boundaries of the property. Evergreens shall be at least two-year transplants at the time of planting, shall grow to not less than 10 feet in height within two years or less, and shall be sufficiently spaced to provide effective sight barriers when 10 feet in height. Trees or shrubs that die must be promptly replaced with the same type tree that will grow to at least 10 feet high within two years.

k. The waste disposal boundary of any landfill or lateral expansion of an existing landfill shall not be located within 1000 feet of any occupied dwelling.Any security lighting deemed necessary by the owner/operator shall be the sodium vapor type and shall be aligned so that no part of the illuminated field falls on adjacent property.

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

m. The limits of any 100-year floodplain or a stream buffer of 500 feet, whichever is greater, shall be preserved as natural, undisturbed area except for approved perpendicular access and utility crossings.

n. No disposal area shall interfere with the established natural flow of surface waters to the detriment or damage to adjoining public or private properties. The Mayor and Council shall have the right to require an applicant to construct adequate sediment basins if it appears that substantial water or sediment may be carried into any nearby property or state waters.

o. Sufficient setback shall be provided from all property lines and public highways to assure adequate lateral support for the maintenance of adjacent public and private property. No disposal area shall be permitted closer than 400 feet from the interior boundary lines. Disposal areas shall at no time be permitted where adjoining lateral support for the maintenance of adjoining land is not maintained.

p. Hours of operation of any landfill shall be no greater than 7:00 a.m. to 6:00 p.m. Monday to Friday. No operation is allowed on Saturday or Sunday. A sign clearly indicating the hours of operation and prohibiting dumping at all other times shall be placed in a conspicuous location at the entrance. Disposal facilities shall have qualified personnel on duty at all times to direct the dumping, spreading, compaction, and covering of materials. All such personnel shall reside in close enough proximity to respond in the event of a fire.

q. All litter shall be collected from the landfill site by the end of each working day and either placed in the fill, compacted and covered that day, or stored in a covered container.

r. Any landfill shall be open to use by residents, property owners, and businesses, during established business hours, at a rate to be agreed upon by the Mayor and Council. Special handling fees may be charged for bulky or difficult to process items.

s. A mitigation trust fund shall be established at a bank within the City chosen by the Mayor and Council. The Operator shall pay $5.00 per ton of waste disposed into this trust fund for the life of the landfill. Expenditures from the trust fund are to be approved by a committee consisting of one citizen appointment by the Mayor and Council, the Mayor, and one representative of the owner/operator. Funds may be used, without limitation, for off-site litter control, groundwater and surface water monitoring, provision of alternative water supplies, and payments to adjacent property owners and others, at the discretion of the committee, for damages caused as a result of the landfill or its related operations. The trust fund shall exist and earn interest for 90 years following the expiration of the post-closure period, and at that time the remaining funds shall be paid to the owner/operator or its successor or assigns.

3. Further Requirements:

a. Each person proposing to locate a solid waste management facility in City shall submit an application for a letter of assurance demonstrating compliance with the provisions contained in this ordinance and consistency with the City solid waste management plan. Before the applicant identifies a potential site and conducts a hydrological study for submission to the Environmental Protection Division for site suitability, the applicant shall notify the local government and participate in a public meeting to discuss the waste management needs of the local government, to describe the siting process to be followed, and to allow for public input. The local government shall give notice of the meeting published in a newspaper of general circulation at least twice per week for two weeks immediately preceding the date of the meeting. The cost of publication shall be the applicant’s responsibility.

b. Each person proposing to locate a solid waste management facility in City shall submit an application compliant with the provisions contained in this ordinance and the City solid waste management plan and the City solid waste management facility ordinance.

c. Within forty-five (45) days of the submission of the application, the Mayor and Council shall hold a public hearing so that the applicant can present his plans and answer questions regarding the same. The Applicant shall be required to pay for notice to be published at least twice in the County legal organ prior to the hearing. Notice shall be published beginning at least fifteen (15) but not more than 45 days prior to the date of the hearing. The notice shall state the time, place, and purpose of the hearing. Copies of all ads or a certification from the publisher must be submitted to the City prior to each hearing.

d. The Mayor and Council shall require an application fee in the amount of $5,000 to $25,000 to reimburse the city for the costs of any needed professional assistance that may be required to evaluate the application and amendments, verify its contents and evaluate the impact of such a facility on the community, public health and environment. This assistance may include, but shall not be limited to, the assistance of lawyers, biologists, geologists, engineers, chemists, hydrologists, emergency response, transportation and public health experts, land appraisers and professional testing laboratories. Funds not so expended in the legitimate review of the application shall be returned to the applicant. Failure to provide these funds within 30 days of demand shall result in termination of the application process or cancellation of the letter of assurance. The Mayor and Council may take legal action against the applicant for any costs incurred to the city up to the point of termination.

e. The applicant shall submit to the City 12 copies of all information required by federal and state agencies for the facility for which it requests a city permit at the time such information is submitted to the state and federal government. The review procedure shall not begin nor shall the application be designated as complete until such time as all required data are submitted and the appropriate fees are paid, or suitable arrangements for payment have been approved by the Mayor and Council.

f. Once a completed application is submitted to the City the applicant shall be required to send a letter via first class mail to all adjoining property owners, as shown on the tax records of the City on the date of the application, and to all property owners where any portion of their property is within 1000 feet of the boundary of the facility. This notice shall be required to state that the applicant is seeking a letter of assurance for a solid waste management facility. Certification of this notice must be provided to the Mayor and Council, along with a list of all owners prior to the public meeting for public comment on the completed application.

g. The Mayor and Council, before deciding whether to approve the application or to accept it with modifications, shall determine if such facility complies with the location standards and is consistent with the City Solid Waste Management Plan including the Solid Waste Management Facility Ordinance, using as criteria and standards those set forth in the City Solid Waste Management Plan including the Solid Waste Management Facility Ordinance. If approved, the Mayor and Council shall issue a letter of assurance as required by state law and regulations.

h. Any proposal shall be specifically conditioned to the site plan, maps, elevation renderings, and other detailed plans to insure that the development is erected in accordance with the presented materials. The approval may also impose additional conditions, if the conditions are designed to minimize the impact of the use on the neighboring property, streets, and so forth.

Section 628. Other Applicable City Regulations Including Without Limitation Water Regulations. All other applicable City regulations apply to land uses in the City, including without limitation regarding Soil Erosion and Sedimentation Control, Protected Resources, Stormwater Management, and Flood Damage Prevention. Maps associated therewith are incorporated herein by reference.

Section 801. Continuance of a Non-ConformingBuilding

A non-conforming building existing at the time of the enactment of this Ordinance may be retained except as follows:

1. No building other than a single-family detached dwelling may be enlarged or altered except in conformance with this Ordinance, but it may be repaired to the extent necessary to maintain it in a safe and sanitary condition. Additionally, interior remodeling, including the changing of interior partitions, is permitted for nonconforming buildings.

2. No building, other than a single-family detached dwelling, shall be rebuilt, altered or repaired after damage exceeding 50 percent of the replacement cost of the above-ground structure at the time of destruction, except in conformity with this Ordinance, provided that such damage occurred as a result of fire or natural disaster.

Section 1204 Location and Width of Transitional Buffers:

Transitional buffers shall be required between dissimilar districts or uses in accordance with the provisions of this Ordinance or as a condition of approval by the Planning Commission and or the City Council.

(a) A transitional buffer shall be required along any side and rear property line, unless required as a condition of approval by the Planning Commission and or the City Council.

(b) All transitional buffer areas and screening shall be established in accordance with the following requirements:

(1) Transitional buffers shall meet the minimum width requirements

for dissimilar districts as shown in the “Table of Minimum

Transitional Buffer Requirements" unless otherwise authorized.

(2) In situations where the required transitional buffer width is

partially or completely contained within an existing easement, the

screening requirements of this Ordinance shall be met outside of

the easement area.

(c) Transitional buffer widths may be reduced by 50 percent or ten feet (whichever is less) by the addition of a solid (opaque) fence or wall at least six feet in height.

(d) The width of required transitional buffers may be reduced by variance by no more than 50 percent, as appropriate, if and only if:

(1) It is clearly demonstrated that existing topography and/or vegetation within the reduced area achieve the purpose and intent of this section.

(2) It is clearly demonstrated that, for topographic reasons, a fence, wall and/or other screening device required herein could not possibly screen activities conducted on ground level from view from the normal level of a first-story window on any lot in a residential district abutting the use.

(e) Structures including driveways, parking facilities or retaining walls shall be located less than a minimum of five feet from any buffer.

(f) When a transitional buffer is required on a non-residential tract and the buffer is of greater depth than the minimum required setback, the minimum setback shall be increased to include five feet in addition to the width of the required transitional buffer.

(g) All transitional buffers shall be so designated on the site construction plan and final plat.

(h) The final plat shall contain the follow note, “Property owner shall be responsible for maintaining the vegetation and non-vegetation screen materials within the transitional buffers and outdoor screening required in conformity of the zoning and development ordinance and all conditions of rezoning approval applicable to this property.”

Table of Minimum Transitional Buffer Requirements

[Revised after hearing]

Note:

(a) Transitional buffer widths may be reduced by 50 percent or ten feet (whichever is less) by the addition of a solid (opaque) fence or wall at least six fee in height, as provided in subsection (c).

Section 1303 Exempt Signs

The following are exempt unless otherwise expressly prohibited. These signs shall meet height and setback requirements.

1. Non-illuminated real estate signs, excluding portable signs, not in excess of six square feet in all zoning districts, provided such signs are on the lot for sale or lease and are limited to one sign per frontage. Such signs shall be removed within ten days after the subject lot or building is leased or sold. Parcels exceeding three acres may have a real estate or construction sign of up to 16 square feet.

2. Signs at individual residences, provided such signs are set back at least ten feet from any street pavement, are not placed on any street right-of-way, and do not exceed three square feet in area or four feet in height.

3. Identification Signs

4. Identification signs indicating the name and street number of owner or occupant provided that no such sign shall exceed three square feet in sign area or contain any advertising display. Signs may be wall or building mounted or freestanding, provided that if freestanding, the sign shall not exceed a height of three (3) feet. One sign shall be allowed per road frontage.

Section 1304 Prohibited Signs

The following types of signs or advertising devices are prohibited in all zoning districts:

1. Roof signs.

2. Sidewalk, A-type, sandwich or curb-type signs.

3. Portable signs.

4. Swinging or projecting signs, unless approval is granted by the Director. In no case, however, shall this type sign exceed two square feet.

5. Animated signs involving motion or sound.

6. Flashing, blinking, or varying light intensity signs except time, temperature and date.

7. Signs on public right-of-way.

8. Signs which contain or are in imitation of an official traffic sign or signal or contain the words "stop," "go," "slow," "caution," "danger," "warning" or similar words, except for construction signs and barricades and except when the words are incorporated in the permanent name of a business.

9. Courtesy benches, trash cans, and similar devices on which advertising is displayed.

10.Trailer signs.

11.Signs attached to any street signs or markers, traffic control signs or devices, or attached to or painted on any pole, post, tree, rock, shrub, plant or other natural object or feature.

12.Rotating signs.

13.Window signs which collectively cover more than 25 percent of the window glass surface area.

14.Signs or advertising devices attached to any vehicle or trailer parked for more than 48 hours so as to be visible from a public right-of-way for the purpose of providing advertisements of products, services, or events or directing people to a business or activity, except for a common carrier or other vehicle which is used for daily transportation with a valid license plate. Any allowable vehicle or common carrier having a sign attached thereto as a part of the operational structure of the vehicle is to be parked in a legal parking space belonging to the business or on the property to which the sign makes reference. No signs on trailers or other non-motorized vehicles will be allowed under this provision.

15.Signs placed in parking spaces which are required to meet the minimum parking requirements.

16.Signs not in good repair, specifically including any sign which is in a state of disassembly or any sign which has its internal lighting exposed to view.

17.Abandoned signs, which advertise an activity, business, product or service no longer conducted or available.

The City shall be empowered to remove or cause to be removed at the owner's expense all prohibited signs.

Section 1305 Temporary Signs

1. Temporary signs or advertising devices may be displayed on-premise upon issuance of a temporary permit from the City. Temporary on-premise signs shall only be located within non-residential zoning districts.

2. Only one temporary on-premise sign or advertising device may be displayed on a lot at a time. Each occupant or tenant of a multi-occupant building or multi-tenant building may display one banner flush with a wall during the permit period without regard to the usage of other occupants or tenants and without regard to the prior usage of temporary on-premise signs by others on the lot.

3. A temporary on-premise sign or advertising device shall require a permit on a semi-annual basis which allows two 10 day periods to utilize a temporary on-premise sign or advertising device (i.e., one 10-day period from January 1 through June 30, then a second 10-day period from July 1 through December 31.) There must be at least a 30-day break between any two 10-day permitted periods.

4. It shall be unlawful to display any temporary sign or advertising device without a permit. The temporary permit shall be acquired prior to the display of any temporary sign or advertising device. The permit shall specify the first and last day of the period in which display of the temporary sign or advertising device is permitted. Display of the temporary sign or advertising device shall be allowed at 12:01 a.m. on the first day specified on the permit. The permit shall expire at 11:59 p.m. on the last day specified on the permit.

5. Signs placed pursuant to temporary permits shall be removed on or before the last day of the permit.

Section 1307 Construction and Maintenance

1. It shall be unlawful to erect or place any sign which does not conform to the requirements of this Division.

2. All signs for which a permit is required, together with all their supports, braces, guys, and anchors shall be kept in constant repair and unless constructed of galvanized or non-corroding metal shall periodically be given a protective coating.

3. The area immediately in front of all freestanding signs shall be maintained free of high weeds and debris.

4. The person or entity holding the permit shall be required to remove or have removed from the premises discarded or unusable paper.

5. Sign faces, parts and debris resulting from the changing of the advertising copy or message or maintenance of any approved sign or sign structure.

Section 1308 Enforcement

1. Enforcement personnel may order the removal of any sign in violation of this Ordinance, including when it has been determined that a permit was improperly issued, that the permit was issued on the basis of misstatement of fact or fraud, that the sign has not been constructed in compliance with this Ordinance or with the specifications of the application or site plans, that the sign permit has expired or that the sign is otherwise not in compliance with this Ordinance.

2. The removal order shall be issued only after the appropriate party fails to comply within seven days after the receipt of written notice of non-compliance by the Mayor and Council or within ten days from the mailing of such notice if no receipt indicating acceptance is returned. If a permit was issued, such notice shall operate to revoke the permit.

3. Notice shall be given to the permit holder and the owner of the sign; or if the sign owner cannot be found or cannot be determined, notice shall be given to the sign erector and property owner and/or any other party that procured the erection of the sign.

4. An aggrieved party may appeal the removal order within ten days from the date that the notice was received.

5. If the sign is not removed within 30 days after the order of removal (or 30 days after the date any appeal becomes final), the enforcement personnel are authorized to remove or cause to be removed the sign and to collect the costs thereof as provided below.

6. Removal of any sign as provided for in this Section shall be without liability to the City, its officers, agents, servants and employees. The permit holder shall be primarily responsible for the costs of removal. If there is no permit holder, then the sign owner shall be responsible.

7. If the sign owner cannot be found or cannot be determined, then the costs of removal shall be the responsibility of the sign erector and/or property owner or any other party that procured erection of the sign. If payment or arrangement to make payment is not made with 60 days after the receipt of said statement, the City shall certify the amount thereof for collection to their Attorney.

8. In the event signs that are removed remain unclaimed for more than 120 days from date of impound, the signs shall be disposed of in accordance with state law.

9. In the event a sign is not removed after receipt of a removal order by the owner of such sign or property, enforcement personnel may institute legal proceedings hereunder against the property owner, sign owner, lessee, sign erector or a combination of the above.

10. The enforcement personnel may remove or direct the removal of any sign in violation, without giving notice to any party, if: said sign is upon the public right-of-way or upon other public property; or said sign poses an immediate safety threat to the life or health of any members of the public.

11.

Section 1309 Non-Conforming Signs

1. Signs which do not comply with this Ordinance and were legally placed before the effective date of this Ordinance shall become non-conforming with respect to the requirements set forth herein; however, signs which were illegally erected, established or maintained with respect to the applicable requirements of prior Ordinances shall be removed or brought into compliance herewith as soon as practicable, but within 30 days from the effective date of this Ordinance.

2. Non-conforming signs made of paper, cloth or other non-durable material, all temporary signs other than those permitted herein, and any signs that are not affixed to a building or the ground or are located within a public right-of-way, shall be removed as soon as practicable but within 30 days from the effective date of this Ordinance.

3. Upon failure to comply with the requirements of this Ordinance, the City may cause the removal of any non-conforming sign at the expense of the owner.

4. A non-conforming sign shall not be replaced by another non-conforming sign except that the substitution or interchange of poster panels, painted boards or demountable material on non-conforming signs shall be permitted through the period described by this Ordinance.

5. Minor repairs and maintenance of non-conforming signs such as repainting, electrical repairs and neon tubing shall be permitted. However, no structural repairs or changes in the size or shape of the sign shall be permitted except to make the sign comply with the requirements of this Ordinance.

6. Each sign which exists at the effective date of this Ordinance shall be registered by its owner with the City Clerk.

7. Without limitation, sign erectors, sign owners, and such other responsible parties may be cited for the violation of any provisions of this Ordinance. The fine for any one sign found in violation of this Ordinance tried upon a citation or upon an accusation shall be as provided in this Ordinance.

Mayor Burgess opened a public hearing to discuss Zoning Procedures, giving both sides 10 minutes to speak. City Attorney Reitman gave an overview of the Zoning Procedures section, especially the changes. There were no questions or comments from Mayor and Council. One question from the audience regarding informing the public which Attorney Reitman addressed. There being no one else present to speak for or against Mayor Burgess closed the public hearing.

Mayor Burgess opened a public hearing to discuss Standards & Criteria, giving both sides 10 minutes to speak. City Attorney Reitman gave an overview of the Standards & Criteria section, especially the changes. There were no questions or comments from Mayor and Council and no comments or questions from the public. There being no one else present to speak for or against Mayor Burgess closed the public hearing.

Mayor Burgess opened a public hearing to discuss the Zoning Ordinance, giving both sides 10 minutes to speak. City Attorney Reitman gave an overview of the Zoning Ordinance, especially the changes. There were no questions or comments from Mayor and Council and one question from Jamie Peterson regarding carnival rides from the public. There being no one else present to speak for or against Mayor Burgess closed the public hearing.

Council Member Peppers made a motion, seconded by Vice Mayor Terry to approve the Zoning Procedures as presented to Mayor and Council and recommended for approval by the Planning & Zoning Commission. All were in favor.

Vice Mayor Terry made a motion, seconded by Council Member Peppers to approve the Standards & Criteria section as presented to Mayor and Council and recommended for approval by the Planning & Zoning Commission. All were in favor.

Vice Mayor Terry made a motion, seconded by Council Member Peppers to approve the Zoning Ordinance as presented to Mayor and Council and recommended for approval by the Planning & Zoning Commission. All were in favor.

City Attorney Joe Reitman presented to Mayor and Council the following petitions for annexation, which seeks AG2 zoning:

J. Donnie Clack, Little River Ventures Parcel #1 65.526 acres

Parcel #2 136.529 acres

Parcel #3 117.615 acres

Parcel #4 .92 acres

Parcel #5 1.4 acres

Thomas J. Earnest, III, Earnest, Inc. Lot #4 1.0 acres

Mark Thomson, Newton Walton Properties 8.455 acres

Richard T. Hawk Lot #7 1.041 acres

Jeff Bell, Oconee Ventures, LLC

Joe Harrison, Oconee Ventures, LLC

Patricia W. Clayton Lot #1 1.0 acres

Lot #2 1.0 acres

Lot #3 1.0 acres

Vice Mayor Terry made a motion, seconded by Council Member Peppers to accept the annexation petitions for filing as presented by the City Attorney. All were in favor.

City Manager Doug White presented contracts from the Municipal Gas Authority for approval.

Council Member Peppers made a motion, seconded by Vice Mayor Terry to approve the Resolution as presented. All were in favor.

Vice Mayor Terry made a motion, seconded by Council Member Porter to approve the amendment to Gas Supply Contract (2^nd Amendment) as presented. All were in favor.

Vice Mayor Terry made a motion, seconded by Council Member Peppers to approve the amendment to the Portfolio III Contract. All were in favor.

Vice Mayor Terry made a motion, seconded by Council Member Porter to approve a contract with Utility Service Co. to maintain the 1 million gallon tank on Alcova Road. All were in favor.

City Manager Doug White presented 3 downtown planning proposals and reported that consideration for a firm would be on the August agenda.

Council Member Peppers made a motion, seconded by Council Member Porter to re-appoint Jackie Rainwater and Hal Dally to the Social Circle Development Authority for a 2 year term. All were in favor.

Ronnie Wood, R. J. Wood & Co. gave Mayor and Council an update on the Memorial Drive Extension Project. Mr. Wood indicated that bids would be let by September 2008.

Vice Mayor Terry made a motion, seconded by Council Member Peppers to approve a malt beverage pouring license for Los Gallos Mexican Restaurant at 123 S. Cherokee. All were in favor.

Council Member Peppers made a motion, seconded by Vice Mayor Terry to leave regular session. All were in favor.

Council Member Peppers made a motion, seconded by Council Member Porter to go into executive session to discuss potential real estate acquisition. All were in favor.

Council Member Peppers made a motion, seconded by Council Member Porter to go out of executive session. All were in favor.

Council Member Peppers made a motion, seconded by Council Member Porter to return to regular session and adjourn. All were in favor.