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1 Redlined County Code Changes BOC Approved September 18, 2025 RED = Delete GREEN = Add Sec. 6-66. - Eligibility for a temporary special event alcohol permit. A temporary special event alcohol permit may be issued to any person, firm or corporation for an approved special event. The person, firm or corporation must make application and pay the fee that may be required by this article and shall be required to comply with all the general provisions of this chapter and the licensing and regulations for consumption on the premises establishment with the exception of the full-service kitchen requirement. The maximum time limit for each temporary special event alcohol permit shall be a maximum three day event. The maximum number of temporary special event alcohol permits that may be issued per parcel shall be twelve (12) per calendar year with the following exception: there shall not be a maximum number of temporary special event alcohol permits on the property of an events center meeting the requirements of Dawson County Land Use (Chapter 121) for event centers. The special event must meet the following criteria before the issuance of a permit to sell or distribute alcoholic beverages: The special event must receive approval from the Dawson County Sheriff's Office on crowd control and security measures. The special event must receive approval from the Dawson County Sheriff's Office on traffic control measures. The premises at which the special event is to take place must be within a commercial zone and approved by the Community Development Director or his or her designee with the following exception: the commercial zoning requirement shall not apply if the proposed special event would take place on the property of an events center meeting the requirements of Dawson County Land Use (Chapter 121) for event centers. ; if If the proposed location is not within a commercial zone or on the property of an events center, the approval must be obtained from the Board of Commissioners. The premises where the special event shall occur shall meet the distance from certain uses requirements of this chapter. Applicability to Event Centers: A temporary special event alcohol permit may be issued to an event center for the sale or distribution of alcoholic beverages during an approved special event, provided the following requirements are met: The event center owner or operator must submit an application and pay the required fee. The event center must comply with all general provisions of this chapter and alcohol licensing regulations, except for the full-service kitchen requirement, which does not apply to temporary permits for special events. Security Plan: a detailed security plan for the event must be submitted and receive written approval from the Dawson County Sheriff’s Office. The plan must address crowd management, emergency response procedures, and staffing levels. Traffic Control: a traffic control plan must also be submitted and approved by the Dawson County Sheriff’s Office, outlining parking, ingress/egress, and coordination with law enforcement if needed. If the anticipated attendance exceeds 100 guests, the plan must include the presence of at least one off- duty Dawson County Sheriff’s deputy or certified law enforcement officer for the duration of the event. An additional officer shall be required for every 100 guests thereafter two officers for 101–200 guests, three officers for 201–300 guests, etc.), unless the Sheriff’s Office determines otherwise based on the nature of the event. The event center at all times shall be in compliance with this chapter and other applicable local ordinances, including noise, safety, and occupancy regulations. ---PAGE BREAK--- 2 Any employee or volunteer of the special event permit holder working the special event in any position dispensing, selling, serving, taking orders or mixing alcoholic beverages shall be required to obtain an employee permit for the special event. Employees or volunteers dispensing, selling, serving, taking orders or mixing alcoholic beverages must be 18 years of age or older. Employees or volunteers dispensing or mixing alcoholic beverages must be 21 years of age or older. Employees of caterers must comply with the regulations established in this article of this chapter and must be 21 years of age or older as pursuant to O.C.G.A. § 3-11-4. The sheriff or fire chief, director or code compliance enforcement official may immediately revoke any temporary permit for a special event if continued alcohol sales may endanger the health, welfare or safety of the public. As a condition on the issuance of a temporary special event permit, the permit holder shall agree in writing to indemnify and hold Dawson County harmless from any claim, demand or cause of action that may arise from activities associated with the special event. The Community Development Ddirector shall issue the temporary special event permit to the applicant upon compliance with the terms hereof. In the event that a special event alcohol permit is denied by the director, the applicant may appeal the decision to the county Board of Commissioners. Sec. 30-362. - Levied; exceptions. Levied. There is hereby levied an excise tax at the rate of eight percent of the rent paid for the occupancy of any room or rooms, lodging, or accommodations furnished by any person or legal entity located within the unincorporated portions of Dawson County and that is licensed by, or required to pay business or occupation taxes to Dawson County for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, bed and breakfast, short-term home rental, accommodation rental event center, or any place in which rooms, lodging, or accommodations are regularly furnished for value. No tax shall be levied as provided in this section upon fees or charges for any rooms, lodging, or accommodations furnished for a period of more than 30 consecutive days or for use as meeting rooms. No tax shall be levied as provided herein upon the fees or charges for any rooms, lodgings, or accommodations furnished for a period of one or more consecutive days for use by Georgia state or local government officials or employees when traveling on official business. In each fiscal year during which the tax set forth herein is collected, the total amount of taxes collected that exceeds the amount of taxes that would be collected at a rate of five percent shall be expended for promoting tourism, conventions, and trade shows by the Dawson County Convention and visitors bureau division of the Dawson County Chamber of Commerce, a designated marketing organization designated by Dawson County. Sec. 30-500. - Purpose. The purpose of this article is to establish standards for bed and breakfast establishments and short-term rentals of privately owned residential structures rented to transient occupants and accommodation rental event centers, minimize adverse effects of short-term rental uses on surrounding residential neighborhoods, and preserve the character of neighborhoods in which short-term rental use occurs. This article is not intended to regulate hotels, motels, or non-short-term rental or non-bed and breakfast establishments or non-accommodation rental event centers including, but not limited to, boarding houses, lodging houses, or rooming houses, or an individual providing long-term rental (more than 30 days) of their home. Sec. 30-502. - Short-term rental permit required. No person shall rent, lease, or otherwise exchange for compensation or advertise for such all or any portion of a dwelling, dwelling unit, building, or structure as a short-term rental without first obtaining a short-term rental permit pursuant to the regulations contained herein. Only one conventional site-built single-family residence per parcel may be used as a short-term rental with the following exception: if a short-term rental is proposed as an accessory use to an event center, an additional special use must first be approved. A short-term rental may ---PAGE BREAK--- 3 only be authorized on a parcel at least half an acre (0.5 acre) or greater in size. Non-dwelling structures, including but not limited to campers, travel trailers, recreational vehicles, motor homes, buses, boats, storage buildings, shipping containers, and tiny house products, shall not be used as a short-term rental. These standards shall be effective as of September 18, 2025 – any property with an active county short-term rental permit that does not meet these standards may continue as legal nonconforming as long as the permit remains active and the property use does not violate any other short-term rental standards. Sec. 30-503. - Bed and breakfast Eestablishment permit required. No person shall rent, lease, or otherwise exchange for compensation all or any portion of a dwelling, dwelling unit, building, or structure as a bed and breakfast establishment or accommodation rental event center without first obtaining an bed and breakfast establishment permit pursuant to the regulations contained herein. Sec. 30-504. - Application for permit. An owner of a proposed short-term rental, or bed and breakfast establishment, or accommodation rental event center shall submit an application for an establishment a short-term rental permit or a bed and breakfast permit to the Dawson County Community Planning and Development Department. All applications shall be fully completed by the applicant and sworn to and signed by the applicant in the presence of a notary public or other officer authorized to administer oaths. If the owner is not a natural person, then the applicant must certify he or she has the actual authority to submit the application on behalf of the owner. All applications shall be on a form specified by Dawson County. All applications shall be accompanied by a non-refundable application fee as set forth in the Dawson County Community Planning and Development Fee Schedule. All applications shall include: The name, address, telephone number, and email address of the owner(s) of record of the property. If such owner is not a natural person, the application shall identify all partners, officers, and/or directors of any such entity, including personal contact information for each such natural person, including address, telephone number, and email address; The address of the property to be used as a short-term rental, or bed and breakfast establishment, or accommodation rental event center; The current zoning classification and tax map and parcel number for the property; The name, address, telephone number, and email address of the designated short-term rental agent, or bed and breakfast agent, or accommodation rental event center agent; The owner's sworn acknowledgement that he or she has reviewed and understands all regulations of the county pertaining to the operation of short-term rentals, and/or bed and breakfast establishments, and/or accommodation rental event centers as applicable; The number of off-street parking spaces allotted to the property, including verification of the requirement that all parking must be on the property; The number of bedrooms and approximate square footage in the short-term rental, or bed and breakfast establishment, or accommodation rental event center, and a statement of the maximum number of overnight and daytime occupants, as allowed by this article; The owner's agreement to use his or her best efforts to assure that use of the property by short- term rental, or bed and breakfast establishment, or accommodation rental event center occupants will not disrupt the neighborhood, and will not interfere with the rights of neighboring property owners to the quiet enjoyment of their property; For applications with respect to property served by sewer, the number of bedrooms identified in the Sewer Capacity Certification from Etowah Water & Sewer; (10) Any other information that this article requires the owner to provide to Dawson County as part of the application process. The permit administrator or his or her designee shall have the authority to obtain any additional information from the applicant as necessary to achieve the objectives of this article. ---PAGE BREAK--- 4 Attached to and concurrent with submission of the application described in this section, the owner shall provide: Proof of owner's current ownership of the property; A paid tax receipt for the most current year taxes paid for the property; If the property is not serviced by public sewer, a septic tank permit or other appropriate documentation from the Dawson County Environmental Health Office which denotes the number of bedrooms permitted for the property as well as proof of septic system maintenance, including having the system inspected and the tank pumped out within the past three years; A labeled floor plan of the dwelling, dwelling unit, building or structure to be used as a short- term rental, or bed and breakfast establishment, and/or accommodation rental event center; A written certification from the owner verifying compliance with the requirements of section 30- 510; A copy of the owners or owner's agents' government issued photo identification card driver's license or other legal identification card); Proof of insurance for the short-term rental, and/or bed and breakfast establishment, and/or accommodation rental event center; and Proof of professional regular trash service for the short-term rental, and/or bed and breakfast establishment, and/or accommodation rental event center, with documentation indicating designated trash collection days. Sec. 30-505. - Grant or denial of application. At least ten (10) calendar days prior to the issuance of a permit under this article, the applicant permit administrator, or his or her designee, shall provide written notice, mailed by certificate of mailing, to all adjacent and adjoining property owners of record per tax assessors records as of the date of application notifying the owners that the property is proposed to be used as a short-term rental, bed and breakfast establishment, or accommodation rental event center. This letter will include contact information for a rental agent on call who shall be available at all times to respond to complaint calls. The agent shall be responsible for responding to complaint calls regarding the subject property within a two-hour time period. It shall be the responsibility of the rental center agent to correct a code violation and to engage the appropriate authorities. The list of property owners shall first be verified by Community Development staff. The applicant shall submit verification evidence of certificate of mailing to the county staff. of the application to all owners of record of property adjacent to the property proposed to be used as a short-term rental or bed and breakfast establishment. Such notification shall include: The street address of the proposed short-term rental or bed and breakfast establishment, or accommodation rental event center; The location of any on-site parking for short-term rental, or bed and breakfast establishment, or accommodation rental event center occupants; Applicable maximum occupancy requirements; and The name of the property owner and, if applicable, name of the rental agent. The rental agent shall be available on call at all times to respond to complaint calls. The rental agent shall be responsible for responding within a two-hour time period to complaints regarding the subject property. It shall be the responsibility of the rental center agent to correct a code violation and to engage the appropriate authorities. If the appropriate resolution is not taken and the problem persists, the complainant should engage Code Compliance staff on the following business day. Review of an application submitted under this article, including renewal applications, shall be conducted by the permit administrator, or his or her designee, and a permit shall be issued or the application denied within 15 business days of receipt of a completed application. An application or renewal may be denied if: The applicant has had any other permit issued under this article revoked within the immediately preceding 12-month period; ---PAGE BREAK--- 5 The property is not current on its property taxes; There is a history of complaints regarding the property or the owner or operator of the short-term rental, or bed and breakfast establishment, or accommodation rental event center as applicable, as determined in the sole good faith discretion of the permit administrator; The health department notifies the county of an inadequate septic system or other health concerns; There are violations of the Code of Dawson County, Georgia on the Property; The homeowner's association of the relevant neighborhood provides covenants or other legal documents preventing short-term rentals, or bed and breakfast establishments, or accommodation rental event centers from operating on the property; or The applicant fails to meet the conditions and/or requirements of this article, or otherwise fails to demonstrate the ability to comply with any other local, state, or federal law. A decision to deny a permit shall be provided to the applicant in writing and delivered to the applicant by certificate of mailing certified mail. Sec. 30-507. - Maximum occupancies. Short-term rentals. The maximum overnight occupancy (between the hours of 10:00 p.m. and 8:00 a.m.) of any property to be used as a short-term rental shall be limited to two persons per bedroom. All occupants, regardless of age, shall count as a person for occupancy count plus two additional persons; The maximum daytime occupancy (between the hours of 8:00 a.m. and 10:00 p.m.) of any property to be used as a short-term rental shall be the maximum overnight occupancy times one and one-half two. For example, if a five-bedroom house is rented, the maximum occupancy between 8:00 a.m. and 10:00 p.m. would be 10 12 short-term rental overnight occupants and 10 12 guests, for a total of 15 24 persons. Only six bedrooms may be rented regardless of the total number of bedrooms, without first obtaining special use approval from the Board of Commissioners. Prior to submittal of a special use application, the property owner or applicant must obtain a form or letter from the Dawson County Environmental Health Office confirming the number of bedrooms and septic adequacy. provided however, that ten bedrooms may be rented on properties of five or more acres, subject to the number of bedrooms noted by the Dawson County Environmental Health Office. Only one conventional site-built residence per parcel shall be used for short-term rental operations unless additional units are approved as part of a special use application for an event center by the Board of Commissioners. Bed and breakfast establishments. The maximum overnight occupancy of any property to be used as a bed and breakfast establishment shall be based on the number of bedrooms less one, with an overall maximum of six bedrooms, with no more than two persons per bedroom. For example, if a five-bedroom house is being used as a bed and breakfast establishment, the occupancy would be calculated by not counting one bedroom (caretakers' room) and then multiplying the number of remaining bedrooms, four bedrooms, by two, with a maximum of eight overnight occupants. The maximum occupancies set forth in this section shall be based on the number of bedrooms set forth in the documentation from the Dawson County Environmental Health Office which denotes the number of bedrooms permitted as referenced in section 30-504(d)(3) above. Accommodation rental event centers. The maximum overnight occupancy of any property to be used as an accommodation rental event center shall be based on the number of bedrooms, with an overall maximum of six bedrooms, with no more than two persons per bedroom, unless approved as part of a special use application by the Board of Commissioners. ---PAGE BREAK--- 6 Occupancy of accommodation rental event centers is only permitted for guests of the event. Individual occupancy at an accommodation rental event center may not exceed three consecutive nights for any occupants. Sec. 30-508. - Parking. No parking for any purposes shall be allowed on the street (public or private) on which the short-term rental, or bed and breakfast establishment, or accommodation rental event center is located or any adjacent street thereto; Parking spaces and vehicles shall be limited to the number designated in the application for a permit, with the maximum allowable vehicles not to exceed one vehicle per bedroom permitted for the property. A watercraft, travel trailer, or any other recreational trailer which is pulled by a motorized vehicle shall be counted as a separate vehicle; Vehicles shall be parked only on designated hard surfaced areas with gravel, concrete or asphalt surfacing; and shall not be permitted outside such hard-surfaced areas no parking in yards); No motorhomes, campers or the like shall be parked or hooked up to utilities at any short-term rental, or bed and breakfast establishment, or accommodation rental event center property. Sec. 30-509. - Solid waste. The owner of any short-term rental, or bed and breakfast establishment, or accommodation rental event center shall provide adequate solid waste receptacles with closable lids to prevent wildlife incursion, as well as professional solid waste collection and disposal services for the property. Said receptacles shall be secured except on days when trash pickup occurs. Solid waste shall be bagged and inside the receptacles to avoid nuisance and/or unsanitary conditions. Sec. 30-510. - Life safety and sanitation. All designated bedrooms, including egress from all bedrooms, shall comply with all applicable safety codes as were in effect on the date the short-term rental, or bed and breakfast establishment, or accommodation rental event center was issued a certificate of occupancy. Every bedroom, adjoining hallway, and common area shall be equipped with an operational smoke detector that meets current IRC standards and shall be maintained in good working order at all times. The placement and mounting of each smoke detector shall comply with all applicable requirements of the current IRC. Each habitable floor shall be equipped with an operational carbon monoxide detector that meets applicable state law requirements and shall be maintained in good working order at all times. Each floor of a short-term rental, or bed and breakfast establishment, or accommodation rental event center shall be equipped with a fire extinguisher that is fully charged, not past expiration date, and that meets all National Fire Protection Association (NFPA) standards, including those as set forth in NFPA 10: Standard for Portable Fire Extinguishers. Private swimming pools shall comply with the current International Swimming Pool and Spa Code. The owner shall maintain a house number that is visible from the street at all times. Sec. 30-511. - Postings on property. The following shall be posted in a conspicuous place near the main entry door of the dwelling, dwelling unit, building or structure used as a short-term rental, or bed and breakfast establishment, or accommodation rental event center: The short-term rental permit, or bed and breakfast establishment, or accommodation rental event center permit. The maximum overnight occupancy and maximum daytime occupancy of the short-term rental, or bed and breakfast establishment, or accommodation rental event center. Rules and regulations for occupants to view in order to promote compliance with this article. ---PAGE BREAK--- 7 Tourist accommodation certificate provided by the Dawson County Environmental Health Office (bed and breakfast establishments only). An emergency exit route map with the 9-1-1 emergency number clearly denoted. The number of vehicles which may be parked on the property. Sec. 30-512. - Guest rules. The following are the minimum rules to be published and displayed in a conspicuous place as described in section 30-511(a)(3) of this article: Please respect the neighborhood and your neighbor's right to quiet enjoyment of their home. Loud music and noise are prohibited by the Dawson County Noise Ordinance. Quiet time: 10:00 p.m. to 7:00 a.m. on weekdays and 10:00 p.m. to 8:00 a.m. on weekends and holidays. Overnight guests shall not exceed the property's posted occupancy. All rental properties are designed for residential use consistent with the Dawson County Land Use Resolution. Large groups, events, receptions or the like which exceeds the maximum daytime occupancy of the property is prohibited. Cars may not be parked on the street and must remain on the property associated with said short-term rental, or bed and breakfast establishment, or accommodation rental event center in designated parking areas. Motor homes, campers, etc. are prohibited and may not be parked or hooked up at a short-term rental, or bed and breakfast establishment, or accommodation rental event center. Garbage shall be bagged securely and placed in provided trash receptacles. Lids must be secured on trash receptacles to prevent wildlife incursions. Sec. 30-513. - Additional requirements. Access to a short-term rental, bed and breakfast establishment, or accommodation rental event center. The property upon which a short-term rental, or bed and breakfast establishment, or accommodation rental event center is located must either front upon, and have access to, a county-maintained road by a minimum 50 feet of road frontage, or if the property is located on a privately-owned road, the property owner/applicant must provide written evidence of a recorded access easement by recorded plat or recorded deed. County employees shall have access to the property, including gate access, in order to enforce short-term rental standards. Authorized employees for enforcement purposes include authorization from any and all owners of the road granting access to county employees with authority to enforce this article, including employees or agents of the county code compliance marshals office, sheriff's office, fire department, and health department, which shall authorize gate access, where applicable, for enforcement purposes. Advertising. Any advertising of a short-term rental, or bed and breakfast establishment, or accommodation rental event center shall conform to information included in the permit and requirements of this article, and shall include the permit number issued by the county. The Every short-term rental, or bed and breakfast establishment, or accommodation rental event center must have a sewer connection or a septic system in good working order and capable of handling the number of bedrooms approved for rental. No short-term rental may be rented on a basis. Any rental of a short-term rental shall be for a minimum term of at least two consecutive nights. Sec. 30-514. - Short-term rental agent; duties. An owner may designate himself or herself as the short-term rental agent, or may designate any other natural person over the age of 21. Alternatively, an owner may retain a managing agent, managing agency, operator, or representative to serve as the short-term rental agent to comply with the requirements of this section, including, without limitation, the permitting of the short-term rental, the management of the short-term rental, and the compliance with the conditions of the short-term rental permit. The designated agent must be a resident of Dawson County or an immediately adjacent county; a managing agency must be licensed to do business in Dawson County or an immediately adjacent county. The owner of the short-term rental is responsible for ---PAGE BREAK--- 8 compliance with the provisions of this section, and the failure of an agent to comply with this section shall be deemed noncompliance by the owner. Sec. 30-515. - Bed and breakfast establishment owner/agent; duties. An owner may designate himself or herself as the bed and breakfast agent, or may designate any other natural person over the age of 21. The designated agent must be a resident of Dawson County or an immediately adjacent county. The owner of the bed and breakfast establishment is responsible for compliance with the provisions of this section, and the failure of an agent to comply with this section shall be deemed noncompliance by the owner. Sec. 30-516. - Renewal of permit. An approved short-term rental, or bed and breakfast establishment, or accommodation rental event center permit shall be valid for a period of 12 months from the date issued. Each application for renewal of a permit shall be approved or denied in accordance with the procedures prescribed in this article. Each application for renewal of a permit shall be submitted by 4:00 p.m. 30 days prior to the permit expiration date. Any permittee who has not submitted the renewal application and required fee by 4:00 p.m. on the permit expiration date 30 days prior to the permit expiration date shall pay a late charge as determined by the Dawson County Board of Commissioners and set forth in Dawson County Community Planning and Development Fee Schedule. If the renewal deadline date falls on a Saturday or Sunday, the renewal deadline shall be the following Monday. Any application received after the permit expiration date shall be treated as an initial application and the applicant shall be required to comply with all rules and regulations for the granting of permits as if no previous permit had been held. This will include, but in no way be limited to, a reassessment of administrative fees and suspension of any and all rental activities during the reapplication process. Sec. 30-521. - Taxes. Short-term rental, and bed and breakfast establishment, and accommodation rental event center owners are subject to state sales tax, county taxes, including but not limited to the hotel/motel tax, and are liable for payment thereof as established by state law and the Code of Dawson County, Georgia. The county may seek to enforce payment of all applicable taxes to the extent provided by law, including injunctive relief. Sec. 30-524. - Appeals and hearings. A person aggrieved by the permit administrator's or his or her designee's decision to approve or deny a permit, or upon the administrative suspension or revocation of a permit pursuant to this article, may appeal the decision to the Dawson County Planning Commission Board of Commissioners. The appeal must be filed with the Dawson County code compliance staff clerk in writing, within 30 calendar days of the date of the decision to deny the permit, contain a concise statement of the reason for appeal, and be accompanied by the appeal fee as set out in Dawson County Community Planning and Development Fee Schedule as amended by the Dawson County Board of Commissioners from time to time. Upon receipt of an appeal of the permit administrator's or his or her designee's decision to approve or deny a permit, or upon the administrative suspension or revocation of a permit, the Dawson County code compliance staff clerk shall schedule a hearing before the Dawson County Planning Commission Board of Commissioners. The timely filing of an appeal shall stay the revocation, or suspension, or denial, pending a decision by the Dawson County Planning Commission Board of Commissioners. The Dawson County Planning Commission Board of Commissioners shall hold a hearing within 30 days after receipt of the appeal or following the permit administrator's determination that suspension or revocation of the permit is warranted, unless extended for good cause, and provide the aggrieved party written notice of the time, place, and date of the scheduled hearing on the matter. The standard of proof on all issues in the hearing ---PAGE BREAK--- 9 shall be a preponderance of the evidence and a determination will be made on the basis of the evidence presented at the hearing. At the hearing, the permit administrator or his or her designee shall present the facts upon which the denial, suspension, or revocation of the permit were based. After presentation of the case against the aggrieved party, the aggrieved party will have an opportunity to present his/her case, to rebut the allegations made against him/her, and present whatever defenses he/she has. The aggrieved party shall have the right to be represented by an attorney, at the expense of the aggrieved party, and to present evidence and cross-examine opposing witnesses. At the conclusion of the hearing, the Dawson County Planning Commission Board of Commissioners shall place any findings and conclusions in writing, which shall be forwarded by the permit administrator or his or her designee to the aggrieved party. The decision of the Dawson County Planning Commission Board of Commissioners shall be final unless appealed to the Board of Commissioners in the same manner as an appeal to the Planning Commission. The Dawson County Board of Commissioners shall follow the same procedures as the Planning Commission in holding a hearing; reviewing facts; and placing its findings and conclusions in writing, which shall be forwarded by the permit administrator or his or her designee to the aggrieved party. The decision of the Board of Commissioners shall be final unless appealed to the superior court of the county, within 30 days of the permit administrator or his or her designee providing written notification to the aggrieved party of the decision. Appeal shall be by writ of certiorari based upon the record in accordance with O.C.G.A. § 5-4-1. (g)For purposes of this article, notice shall be deemed delivered when personally served, or when served by certificate of mailing certified mail postage prepaid within three days after the date of deposit in the United States Mail. Sec. 30-525. - Accommodation rental event center permit required. No person shall rent, lease, or otherwise exchange for compensation all or any portion of a dwelling, dwelling unit, building, or structure as an accommodation rental event center without first obtaining an accommodation rental event center establishment permit pursuant to the regulations contained herein. Sec. 30-526 Accommodation rental event center agent; duties The owner of an accommodation rental event center shall designate an accommodation rental event center agent on its application for an accommodation event center establishment permit who has access and authority to assume management of the accommodation rental event center and take remedial measures while the accommodation rental event center is being rented to an occupant and/or guest. The accommodation rental center agent shall be available at all times to respond to complaint calls. The agent shall be responsible for responding within a two-hour time period to complaints regarding the subject property. It shall be the responsibility of the accommodation rental event center agent to correct a code violation and to engage the appropriate authorities. If the appropriate resolution is not taken and the problem persists, the complainant should engage Code Compliance staff on the following business day. An owner may designate himself or herself as the accommodation rental event center agent, or may designate any other natural person over the age of 21. Alternatively, an owner may retain a managing agent, managing agency, operator, or representative to serve as the accommodation rental event center agent to comply with the requirements of this section, including, without limitation, the permitting of the accommodation rental event center, the management of the accommodation rental event center, and compliance with the conditions of the accommodation rental event center permit. The owner of the accommodation rental event center is responsible for compliance with the provisions of this section, and the failure of an agent to comply with this section shall be deemed noncompliance by the owner. An owner may change his or her designation of an accommodation rental event center agent temporarily or permanently; however, there shall only be one such agent for a property at any given time. To change the ---PAGE BREAK--- 10 designated agent, the owner shall notify the Dawson County Code Compliance division in writing of the new agent’s identity, together with all information regarding such person as required by this article. Any change in designation of the accommodation rental event center agent will not take effect until notice has been provided to Dawson County. The accommodation rental event center agent shall: Respond to the property 24 hours a day, seven days a week, and within two hours following notification of a violation of this article or any other provision of this Code, or any disturbance or complaint requiring immediate remedy or abatement regarding the condition, operation, or conduct of occupants of the accommodation rental event center. This includes, but is not limited to, notification that occupants of the accommodation rental event center have created unreasonable noises or disturbances, engaged in disorderly conduct, or have committed violations of the Code of Dawson County, Georgia, or other applicable local, state or federal law pertaining to noise, disorderly conduct, overcrowding, consumption of alcohol, or use of illegal drugs. It shall be the responsibility of the accommodation event rental center agent to correct a code violation and to engage the appropriate authorities. If the appropriate resolution is not taken and the problem persists, the complainant should engage Code Compliance staff on the following business day. This is not intended to impose a duty on the accommodation rental event center agent to act as a peace officer or otherwise require the agent to place himself or herself in a perilous situation. Nothing in this section shall be construed as limiting Dawson County or any officer or employee thereof in responding to any violation, disturbance, or complaint or taking any enforcement action under this article. Receive and accept service of any notice of violation related to the use or occupancy of the accommodation rental event center. Monitor the accommodation rental event center for compliance with this article. Sec. 30-527 525. - Severability. If any paragraph, sub-paragraph, sentence, clause, phrase, or portion of the ordinance shall be declared invalid or unconstitutional by any court of competent jurisdiction or if a provision of any part of this article is applied to any particular situation or set of circumstances in such a manner as to be declared invalid or unconstitutional, then any such invalidity shall not be construed to affect the portions of this article not so held to be invalid and the application of this article to other circumstances shall be held to be invalid. The Dawson County Board of Commissioners hereby declares the intent of Dawson County Board of Commissioners is to provide for separable and divisible parts, and the Dawson County Board of Commissioner herby adopts any and all parts hereof as may not be held invalid for any reason. Sec. 30-528 526. - Repealer. All resolutions or ordinance or parts thereof in conflict with the terms if this article are hereby repealed. Sec. 34-28. - Definitions. A special event is a nonroutine business activity within the unincorporated area of Dawson County that generates or invites public participation (100 or more participants) for a particular purpose and for a limited period of time. These events have a significant impact on county services. Special events are not only those events that occur on public streets, but also those events that occur entirely on private property or off-site from the originating business. A special event may include, but is not limited to, the following types of events: flea markets, community yard sales, fun runs, bicycle rides, outdoor exhibitions, outdoor performances, outdoor musical festivals and other outdoor public assemblies, and agritourism events described and defined within the Land Use Ordinance of Dawson County. An event eligible for a special event permit shall be a maximum of three consecutive days. There shall be a maximum of twelve (12) special event permits allowed per parcel per calendar year with the following exception: there shall not be a maximum number of temporary special event permits on the property of an events center meeting the requirements of Dawson County Land Use (Chapter 121) for event centers. ---PAGE BREAK--- 11 A "special event" as used herein means a footrace or fun run or bicycle ride that affects the ordinary use of public streets, rights-of-way or sidewalks. Sec. 34-29. - Permit required. (a)Every organization, group of persons, or entity having a special event as defined herein within the unincorporated area of Dawson County shall obtain a permit from Dawson County before engaging in the special event with the exception that, for any proposed special event on county owned or maintained property, the applicant shall obtain permission from the applicable county department responsible for maintenance of said property (for example, parks and recreation, public works, etc.). Sec. 34-31. - Application. (a)Every applicant for a special event permit shall submit an application to the Dawson County Community Planning and Development Department at least 45 30 days before the activity, which shall conform to the requirements hereof. (b)Each application shall contain the following information: Name, address, and telephone number of the person or entity conducting the special event; The names and addresses of the partners if the applicant is a partnership; The names and addresses of the officers and directors if the applicant is a corporation; All prior special events within Dawson County; The date, time, and route where the special event shall occur; The type of activity or event; and The number of expected participants; and The expected duration of the special event. Whether or not alcohol is proposed to be served or provided. If alcohol is proposed, the applicant must also obtain a county alcohol special event license. Sec. 34-32. - Permit issuance. (a)Review and recommendation. A copy of the application shall be delivered to those persons or entities providing input regarding the requested special event. The persons or entities providing input regarding the application may include, but shall not be limited to, the following: Georgia Department of Transportation; Dawson County Sheriff's Office; Dawson County Emergency Services; Dawson County Code Compliance Marshal's Office; and Dawson County Park and Recreation Department (required only if the special event is being held at one of the county parks). Each person or entity providing input may make a recommendation regarding the application within seven days of receiving a copy of the application. Action by County Manager board of commissioners. The County Manager of Dawson County or his or her designee Board of Commissioners shall render a decision regarding the application no later than 30 days after the Community planning and Development Department receives a completed application. In rendering his or her decision, the County Manager shall approve such permits as are determined to be consistent with the public health, safety and welfare. Form of action. The decision of the County Manager of Dawson County or his or her designee Board of Commissioners shall be in writing. Any decision adverse to the applicant shall state the reason or reasons for denial. If the application is approved, by the board of commissioners, then the Dawson County Community Planning and Development Department shall issue a copy of the decision to the applicant. ---PAGE BREAK--- 12 Sec. 34-35. – Appeals and hearings. A person aggrieved by the County Manager’s or his or her designee's decision to approve or deny a permit, or upon the administrative suspension or revocation of a permit, may appeal the decision to the Dawson County Planning Commission. The appeal must be filed with the Dawson County Community Development staff in writing, within 30 calendar days of the date of the decision to deny the permit, contain a concise statement of the reason for appeal, and be accompanied by the appeal fee as set out in Dawson County Community Development Fee Schedule as amended by the Dawson County Board of Commissioners from time to time. Upon receipt of an appeal of the County Manager’s or his or her designee's decision to approve or deny a permit, or upon the administrative suspension or revocation of a permit, the Dawson County Community Development staff shall schedule a hearing before the Dawson County Planning Commission. The timely filing of an appeal shall stay the revocation, suspension, or denial, pending a decision by the Dawson County Planning Commission. The Dawson County Planning Commission shall hold a hearing within 30 days after receipt of the appeal or following the County Manager’s or his or her designee’s determination that suspension or revocation of the permit is warranted, unless extended for good cause, and provide the aggrieved party written notice of the time, place, and date of the scheduled hearing on the matter. The standard of proof on all issues in the hearing shall be a preponderance of the evidence and a determination will be made on the basis of the evidence presented at the hearing. At the hearing, the County Manager or his or her designee shall present the facts upon which the denial, suspension, or revocation of the permit were based. After presentation of the case against the aggrieved party, the aggrieved party will have an opportunity to present his/her case, to rebut the allegations made against him/her, and present whatever defenses he/she has. The aggrieved party shall have the right to be represented by an attorney, at the expense of the aggrieved party, and to present evidence and cross-examine opposing witnesses. At the conclusion of the hearing, the Dawson County Planning Commission shall place any findings and conclusions in writing, which shall be forwarded by the Community Development Director or his or her designee to the aggrieved party. The decision of the Dawson County Planning Commission shall be final unless appealed to the Board of Commissioners in the same manner as an appeal to the Planning Commission. The Dawson County Board of Commissioners shall follow the same procedures as the Planning Commission in holding a hearing; reviewing facts; and placing its findings and conclusions in writing, which shall be forwarded by the Community Development Director or his or her designee to the aggrieved party. The decision of the Board of Commissioners shall be final unless appealed to the superior court of the county, within 30 days of the Community Development Director or his or her designee providing written notification to the aggrieved party of the decision. Any applicant whose application for a special event permit under this article is denied may seek certiorari review by the Superior Court of Dawson County within 30 days of the date such application is denied. Sec. 34-37. - Fee schedule. All fees as provided in the Dawson County Community Planning and Development Fee Schedule shall apply. Events that last more than 12 continuous hours require specific approval by the board of commissioners for the event and the duration. The amount of the fee for an event that lasts more than 12 continuous hours shall be set in at an amount deemed reasonably necessary by the board of commissioners to defray the cost of the event imposed upon the county. Fees may be waived at the discretion of the planning director or county manager for non-profit organizations. Sec. 101-60. - Imposition of development impact fees. (a)When required; amount. Any person who, after March 1, 2025 engages in development shall pay a development impact fee in the manner and amount set forth in this article. ---PAGE BREAK--- 13 (b)Construction not subject to impact fees. The following projects and construction activities do not constitute "development" as defined in this article and are therefore not subject to the imposition of impact fees: Rebuilding no more than the same number of units of development as defined in this article that were removed by demolition or destroyed by fire or other catastrophe on the same lot or property by obtaining a county building permit within one year or less of date of demolition or destruction. After one year from the date of demolition or destruction, if a county building permit has not been issued for the project to rebuild or replace a structure on the property, impact fees shall apply. Remodeling or repairing a structure that does not result in an increase in the number of units of development. Replacing a residential housing unit with another housing unit on the same lot or property by obtaining a county building permit within one year or less of date of demolition or destruction. After one year from the date of demolition or destruction, if a county building permit has not been issued for the project to replace a residence on the property, impact fees shall apply. Placing or replacing a manufactured home in a manufactured home park on a prepared manufactured home pad in existence and operation prior to the effective date of this article. Placing a temporary construction office or temporary sales office on a lot during the period of construction or build-out of a development project. Constructing an addition to or expansion of a residential housing unit that does not increase the number of housing units. Adding uses that are typically accessory to residential uses and intended for the personal use of the residents, such as a deck or patio, satellite antenna, pet enclosure, or private recreational facilities such as a swimming pool. Change Grandfathered to Nonconforming Sec. 105-6. The department of planning and Community Development. Enforcement agency. The department of planning and Community Development is hereby designated as the enforcement agency, and the official in charge shall be known as the planning and Community Development Director. Appointment. The planning and Community Development Director shall appoint the building official. Employing inspectors. The building official shall have the authority to employ inspectors and other personnel necessary to enforce codes. Such employees shall have powers as delegated by the building official. Sec. 105-7. - Duties and powers of Building Official. General. The Building Official is hereby authorized and directed to enforce the provisions of this code. Such interpretations, policies, and procedures shall comply with this code's intent and purpose. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. Applications and permits. The Building Official or his or her designee shall have the authority to receive applications, review construction documents, and issue permits for the erection, alteration, demolition, and moving of buildings and structures. The Building Official or his or her designee shall also inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code. The Building Official shall have the authority to review and approve limited-time requests for temporary living conditions in a recreational vehicle / camper in association with and only after a county building permit for a single-family residence on an individual lot or parcel has been issued. The Building Official shall be authorized to permit temporary living for a six month period, which may be extended for one additional six month period upon finding that multiple inspections on the new residence have been completed and significant progress has ---PAGE BREAK--- 14 been made toward the completion of the residence. The Building Official shall be authorized to revoke this approval at any time upon finding that the situation is unsafe, unsanitary (illicit discharge), or creates a nuisance. Sec. 105-10. Manufactured/mobile home compatibility standards. There is no age restriction on a manufactured home, mobile home, or moved-in house; however, Any pre-owned manufactured home, or mobile home, or moved-in house proposed for setup and placement within Dawson County shall not pre-date 1976 (date of establishment of the Manufactured Home Construction and Safety Standards) and shall be inspected pursuant to section 105-11 to determine sound condition and compliance with this resolution prior to permitting. Sec. 105-12. - Application for permit. To obtain a permit, the applicant shall first apply in writing on a form furnished by the department of planning and development Community Development Department. Such application shall: Identify and describe the work to be covered by the permit for which the application is made; Describe the land on which the proposed work is to be done by legal description, street address, and tax parcel identification that will readily identify and locate the proposed building or work; Indicate the use and occupancy for which the proposed work is intended; Be accompanied by construction documents and other information as required by this code; State the valuation of the proposed work; Be signed by the applicant, or the applicant's authorized agent; and Provide such other data and information as the building official reasonably requires to ensure compliance with this code. Maximum permit application submittal. A total of ten (10) permit applications by a representative of a single entity on behalf of any one common development, shall be submitted at one time. Upon issuance of said permits or if 30 calendar days or more has passed from the date of submittal of permit applications, additional permit applications may be submitted for review provided that the total number of applications in process at any one time shall not exceed ten (10). Action on application. The Building Official or his or her designee shall examine or cause to be examined applications for permits and amendments to it within a reasonable time minimum of five and a maximum of ten (10) business days after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official or his or her designee shall reject such application in writing, stating the reasons. If the building official or his or her designee is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances, the building official or his or her designee shall issue a permit therefor as soon as practicable. Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing unless such application has been pursued in good faith or a permit has been issued, except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing, and justifiable cause demonstrated. Validity of permit. The issuance or granting of a permit shall not be construed as a permit for, or approval of, any violation of any of the provisions of this code or any other ordinance of Dawson County. Permits ---PAGE BREAK--- 15 presuming to give authority to violate or cancel the provisions of this code or other ordinances of Dawson County shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance or if the work authorized on the site by such permit is suspended or abandoned for 180 days after the time the work is commenced, or if the expiration date on the face of the permit has been reached without any inspections for 180 days. The building official is authorized to grant one or more extensions of time for periods not more than 180 days each from the expiration date. The extension shall be requested in writing, and justifiable cause demonstrated. Suspension or revocation. The building official is authorized to suspend or revoke a permit issued under the provisions of this code whenever it is issued in error, based on incorrect, inaccurate, or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code. A permit previously issued may be suspended or revoked if a subsequent violation occurs with respect to the project. Placement of permit. The building permit or copy shall be kept on the job site in a conspicuous place until the project's completion. Sec. 105-20. - Construction Board of Adjustment and Appeals. General. The Construction Board of Adjustment and Appeals shall be and is hereby created to hear and decide appeals of orders, decisions, or other written determinations made by the Building Official relative to the application and interpretation of this code. The Board of Commissioners shall appoint the five-member board. The board adopts rules of procedure for conducting its business. Terms. The terms of the board members' offices shall be three years staggered, so no more than one-third of the board is appointed or replaced within any 12 months. Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The board shall not have the authority to waive building code requirements. Qualifications. The Construction Board of Adjustment and Appeals shall consist of members qualified by experience and training, such as design professionals, contractors, or building industry representatives, to advise on building construction matters, not Dawson County employees. Meetings. The Construction Board of Adjustment and Appeals shall hold meetings as needed. A person aggrieved by the Building Official’s or his or her designee's written decision of approval or denial of a permit may appeal the decision to the Dawson County Construction Board of Adjustment and Appeals (CBAA). The appeal must be filed with the Dawson County Community Development staff in writing, within 30 calendar days of the date of decision, contain a concise statement of the reason for appeal, and be accompanied by the appeal fee as set out in Dawson County Community Development Fee Schedule as amended by the Dawson County Board of Commissioners from time to time. The CBAA shall conduct a hearing on an appeal within 45 days provided required notice of the hearing can be provided. At the hearing, the Building Official or his or her designee shall present the facts upon which the denial, suspension, or revocation of the permit, or other decision, were based. After presentation of the case against the aggrieved party, the aggrieved party will have an opportunity to present his/her case, to rebut the allegations made against him/her, and present whatever defenses he/she has. The aggrieved party shall have the right to be represented by an attorney, at the expense of the aggrieved party, and to present evidence and cross- examine opposing witnesses. At the conclusion of the hearing, the Dawson County Construction Board of Adjustment and Appeals shall place any findings and conclusions in writing, which shall be forwarded by the Community Development Director or his or her designee to the aggrieved party. ---PAGE BREAK--- 16 The decision of the Dawson County Construction Board of Adjustment and Appeals shall be final unless appealed to the Board of Commissioners, within 30 calendar days of the date of decision, in the same manner as an appeal to the Construction Board of Adjustment and Appeals. The Dawson County Board of Commissioners shall follow the same procedures as the Construction Board of Adjustment and Appeals in holding a hearing; reviewing facts; and placing its findings and conclusions in writing, which shall be forwarded by the Community Development Director or his or her designee to the aggrieved party. Sec. 105-23. - Unsafe and unfit structures and equipment. Conditions. Structures or existing equipment that are or hereafter become unsafe, unsanitary, or deficient because of inadequate means of egress facilities, inadequate light, and ventilation, or that constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy, shall be deemed an unsafe condition. Unsafe structures shall be taken down, removed, or made safe as the building official deems necessary and as provided in this section. A vacant structure that is not secured against entry shall be deemed unsafe. Renting an unsafe or unfit dwelling or building. It shall be unlawful for an owner, operator, occupant, and/or any party in interest of a dwelling or of a building to rent or offer for rent any dwelling, building, or rooming unit which is unsafe or unfit for human habitation as determined by inspection by the Dawson County Building Official due to the dilapidation, leaking water lines, leaking gas lines, electrical defects increasing hazards of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities, or due to other conditions rendering such dwelling or building or rooming unit unsafe or unsanitary or dangerous. An unsafe or unfit structure is any dwelling or building which has any or all of the conditions per 105-23 as determined by the Building Official, deemed unfit for human habitation, and subject to condemnation by the county. Record. The Building Official shall report an unsafe condition to Dawson County. The report shall state the occupancy of the structure and the nature of the unsafe condition. Notice. If an unsafe condition is found, the Building Official shall serve the owner, agent, or person in control of the structure a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the building official acceptance or rejection of the terms of the order. Method of service. Such notice of an unsafe condition shall be deemed properly served if a copy is delivered to the owner personally, sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested, or delivered in any other manner as prescribed by local law. If the certified or registered letter is returned showing that the letter was not delivered, a copy shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the preceding manner on the owner's agent or the person responsible for the structure shall constitute service of notice on the owner. Sec. 105-51. Definitions. For purposes of this third-party inspection ordinance, the following definitions shall apply unless the context indicates otherwise: Approved third-party inspectors and plans reviewer list. The department maintains a comprehensive list comprising the names of qualified and experienced professionals who have complied with the application and renewal requirements of the Dawson County Third Party Inspection and Plans Review Program. These individuals have been approved to perform third-party inspections and plan reviews, ensuring the minimum safety and quality standards in unincorporated Dawson County. An approved third-party inspector, a registered professional engineer, or an architect plays a significant role in the inspection process. They have successfully met the application and renewal requirements of the ---PAGE BREAK--- 17 Dawson County Third Party Inspection and Plans Review Program. These professionals are authorized to conduct third-party inspections in unincorporated Dawson County, as per the provisions of this article of the Dawson County Code. It's important to note that an approved third-party inspector is intended to function as a "private, professional provider" for inspections, as described in the state Act. An approved third-party plans reviewer, a registered professional engineer or architect, is critical in the plan review process. They have successfully met the application and renewal requirements of the Dawson County Third Party Inspection and Plans Review Program. These professionals are authorized to conduct third-party plan reviews in unincorporated Dawson County, as per the provisions of this article of the Dawson County Code. Approved third-party plans reviewer is intended to function as a "private, professional provider" for the review of building construction plans, as described in the state Act. County. Dawson County is outside of the municipal limits of the City of Dawsonville. Department. The Dawson County Department of planning and Community Development, or the other department the Dawson County Board of Commissioners may assign to be responsible for performing inspections and overseeing the third-party inspection and plans review system described herein. Inspection. The observance of work and the performance of tests for specific components and elements to establish conformance with Dawson County approved construction documents, building codes and ordinances adopted by Dawson County, and the requirements of the state minimum standards as adopted and amended by the Georgia Department of Community Affairs. Inspection certification. A written statement signed by an approved third party inspector or their approved technician, which shall indicate that the item(s) being inspected, in the authorized third party inspector's professional opinion and to the best of their knowledge, complies with Dawson County approved construction documents, building codes and ordinances adopted by Dawson County, the requirements of the state minimum standards as adopted and amended by the Georgia Department of Community Affairs, and any other applicable inspections that inspectors employed by Dawson County typically performs. Inspection field report. A written report prepared by an approved third-party inspector or a technician working under an approved third-party inspector's direct supervision which describes the work conducted and the findings of an inspection. Plans review affidavit. A written affidavit that is completed and signed under oath by an approved third- party plans reviewer, which shall indicate the plans that have been reviewed for a building permit for the application in question, in the approved third-party plans reviewer's professional opinion and to the best of their knowledge, complies with the regulatory requirements as designated by Dawson County, including the Georgia State Minimum Standard Codes most recently adopted by the Georgia Department of Community Affairs and any locally adopted ordinances and amendments to such codes, applicable zoning ordinances and conditions, design standards, and any other applicable laws and regulations that would otherwise be required of staff employed by the Dawson County planning and Community Development Department. Registered professional architect. An individual that holds a certificate of registration issued under O.C.G.A. tit. 43, ch. 4. Registered professional engineer. An individual that holds a certificate of registration issued under O.C.G.A. tit. 43, ch. 15. Regulatory fees. All fees established by the department are to be paid to the department for any regulatory action, inspection services, or plan review services as provided by the state Act and this article. State Act. O.C.G.A. 8-2-26 and 8-2-26.1. Technician. An individual who performs inspections under the direct supervision of an approved third- party inspector. ---PAGE BREAK--- 18 Third-party inspection. An inspection is performed in conformance with this program by an approved third-party inspector. Third-party inspection and plan review program. This chapter describes the rules and procedures for this program. Third-party plans review. A review of building construction plans was performed in conformity with this program by approved third-party plan reviewers. Sec. 105-55. Procedures for conducting third-party inspections. An approved third-party inspector shall not suggest, direct, or authorize any deviation from approved construction documents without obtaining the building official's approval. The following procedures shall apply to all third-party inspections: To ensure quality control of the third-party inspection and plans review program, the department shall receive a copy of all inspection field reports within one business day of the inspection. All inspection field reports shall note the type of inspection and any deficiencies observed. Inspection certifications shall be submitted one business day after the inspection. Once the certification is received, the department will update the inspection status in the ordinary course of business. Final inspections will not be scheduled until all outstanding reinspection fees have been paid. Third-party inspectors shall not be authorized to perform final inspections. Third-party inspectors shall not be authorized to approve power release inspections. When performing re-inspections for violations initially noted by department staff, each corrected item shall be addressed individually. Testing criteria, means, and procedures shall be noted for after-the-fact and after-cover-up inspections. Inspection letters submitted without meeting these requirements or those that are contrary to building codes will not be accepted. The department shall have a right to enter any premises inspected by an approved third-party inspector or technician to ensure compliance with this article and the state Act. Sec. 109-23. - Buffer regulations. Applicability. Buffers shall be required between dissimilar districts or uses in accordance with the provisions of the land use resolution or as a condition of zoning, special use or variance approval. If 80 percent of the area to be developed is not visible from the adjoining property throughout the year because of topography or existing vegetation and if the existing vegetation consists of a mixture of deciduous and evergreen vegetation, then the buffer required according to the terms hereof shall be eliminated if the existing topography or existing vegetation is not disturbed. Buffers shall meet the minimum requirements contained in the land use resolution, except as authorized to be reduced or increased by the Dawson County Board of Commissioners, or a properly appointed designee. Screening requirements. Buffers shall be natural, undisturbed, and free of encroachments except as authorized by a condition of zoning, special use or variance approval, or as authorized herein, and shall contain the existing tree cover and vegetation as well as any supplemental plantings or re-plantings as may be required. ---PAGE BREAK--- 19 Buffers shall be of such nature and density so as to screen activities, structures and uses on property from view on an abutting lot and shall further provide a year-round effective visual screen. Buffers required along side property lines shall extend to the street right-of-way line unless otherwise required by the director in order to observe the site distance requirements contained in the land use resolution and the Subdivision Regulations of Dawson County or as authorized by a condition of zoning, special use, or a variance approval. In situations where the required buffer width is partially or completely contained within an existing easement (e.g. power or natural gas transmission etc.), the screening requirements of this article shall be met outside the existing easement if the approval from the utility company cannot be obtained. (c)Supplemental plantings. Buffers in which vegetation is nonexistent or is inadequate to meet the screening requirements of this article shall be planted with supplemental plantings so as to provide a year-round effective visual screen. Supplemental plantings and re-plantings shall consist of evergreen trees, shrubs, or a combination thereof, native or adaptable to the region. All trees planted shall be a minimum of eight six feet in height at the time of planting and shall be a species that will achieve a height of at least 20 feet at maturity. Trees shall be a native species of mixed deciduous and evergreen species. Examples of such trees are Evergreens, Japanese Cedar, Deodar Cedar, Magnolia, Japanese Maple, Chinese Dogwood, Honeylocust, Capital Pear and Chaste tree. All shrubs planted shall be a large growing species, shall be a minimum of three feet in height at the time of planting and shall be a species that will achieve a height of at least ten feet at maturity. All supplemental plantings shall be installed to allow for proper plant growth, irrigation, and maintenance. Sec. 109-24. - Landscape regulations. Nonresidential and multi-family uses. Nonresidential and multi-family uses shall provide for and maintain landscape plantings on-site as follows: a. In a landscape strip at least twenty (20) ten feet in width adjacent to any street right-of-way abutting the property and running the length of the entire property frontage; b. In areas adjacent or internal to off-street surface parking lot(s) that are required by the land use resolution to contain more than five off-street parking spaces; and c. As required by a condition of zoning, special use or variance approval. Landscape strips that are to be twenty (20) ten feet in width shall contain landscaping and plantings within or adjacent to the strip as follows: a. As a minimum one tree for each 25 linear feet of strip length shall be provided. Deciduous trees shall be at least two inches in diameter and evergreen trees shall be eight feet in height at the time of planting. Trees shall be a species native or suitable to this region. b. As a minimum one shrub for each five linear feet of strip length shall be provided. Each shrub shall be a native species or suitable to this region. c. Trees and shrubs required herein may be planted and spaced singly or in groups as authorized by the director so long as the total number of plantings is achieved. d. The remaining ground area shall be sodded, seeded or hydro seeded with grass, and/or planted with ground cover species and/or provided with other landscaping material, or any combination thereof. Sec. 109-61. - Administrative appeal judicial review. Administrative remedies. The suspension, revocation, modification or grant with condition of a permit by the local issuing authority upon finding that the holder is not in compliance with the approved erosion and sediment control plan; or that the holder is in violation of permit conditions; or that the holder is in violation of any ordinance; shall entitle the person submitting the plan or holding the permit to a hearing before the Dawson County Planning Commission Board of Commissioners within 30 days after receipt by the local issuing ---PAGE BREAK--- 20 authority of written notice of appeal. Appeals are identified for process in accordance with the procedures set forth in the land use resolution. Any person, aggrieved by a decision of the Planning Commission, within 30 calendar days of the date of decision, may appeal the decision to the Dawson County Board of Commissioners in accordance with the procedures set forth in the land use resolution. (b)Judicial review. Any person, aggrieved by a decision or order of the local issuing authority, after exhausting administrative remedies, shall have the right to appeal through certiorari to the Superior Court of Dawson County in accord with O.C.G.A. § 5-4-1 et seq. Sec. 109-88. - Etowah River water supply watershed protection overlay district; restrictions. Small water supply watersheds; restrictions. Land use restrictions; small water supply watersheds. a. New hazardous waste treatment or disposal facilities are prohibited. b. New sanitary landfills are prohibited. c. Any new facility that handles hazardous materials listed in Section 312 of the Resource Conservation and Recovery Act of 1976 (excluding underground storage tanks) is prohibited. d. Impervious surface area restricted. The impervious surface area, including all public and private structures, utilities, or facilities, of the entire watershed protection area shall be limited to 25 percent. The Dawson County Planning Commission, by means of the variance process in accordance with the procedures set forth in the land use resolution, board of commissioners must approve any individual development resulting in more impervious surface than 25 percent of the property's total area. Sec. 109-90. - The Etowah River Corridor protection overlay district. Applicability. These provisions shall apply to all areas of land in unincorporated Dawson County within 100 feet horizontally from the river bank of the Etowah River in Dawson County., from the confluence of the Etowah River and Shoal Creek to the County line as found in the Etowah River Corridor protection plan. Sec. 109-92. - Russell Creek Reservoir watershed protection overlay. Buffer Criteria. a. A natural stream buffer shall be established and maintained within 150 feet of the banks of the Russell Creek Reservoir boundary within any protected watershed area. Vegetation, land disturbance, and land uses shall be controlled by the provisions of the applicable reservoir management plan, as approved by the Georgia Department of Natural Resources (DNR). b. The perennial stream corridors within a seven-mile radius upstream of the Russell Creek Reservoir are protected by the following criteria: 1. A natural undisturbed buffer shall be maintained for 100 feet on both sides of the stream, measured from the stream banks. 2. No impervious surface shall be constructed within a 150-foot setback area on both sides of the stream (as measured from the stream banks). 3. Septic tanks and septic tank drain fields are prohibited in the 150-foot setback. c. The following land use criteria apply in the Russell Creek supply watershed overlay. 1. New sanitary landfills are prohibited. 2. New hazardous waste treatment or disposal facilities are prohibited. 3. No silvicultural activities shall be permitted within stream buffers and setbacks. 4. Impervious surface area restricted. The impervious surface area, including all public and private structures, utilities, or facilities, of the entire watershed protection area shall be limited to 25 percent. The Dawson County Planning Commission, by means of the variance process in accordance ---PAGE BREAK--- 21 with the procedures set forth in the land use resolution, board of commissioners must approve any individual development resulting in more impervious surface than 25 percent of the property's total area. 5. Any new facility that handles hazardous materials listed in Section 312 of the Resource Conservation and Recovery Act of 1976 (excluding underground storage tanks) is prohibited. 6. Adjoining lots to the boundary of the reservoir are subject to the following criteria: i. The creation of lots on which there is not sufficient area for construction is prohibited. ii. All lots shall have a permanent 150-foot protection buffer adjoining the reservoir property. iii. No septic tanks, septic tank absorption field, related structure or feature, substantial structure, or other feature that may adversely impact the reservoir or may occupy any portion of this 150-foot buffer. iv. The 150-foot buffer area shall remain a natural vegetated buffer. 7. Access the Russell Creek Reservoir to conform to the Etowah Water and Sewer Authority policies. Change and to be correct and Sec. 113-27. - Lands to which this chapter applies. This chapter shall apply to all areas within the jurisdiction of Dawson County, Georgia. This chapter shall apply to all areas of special flood hazard within the jurisdiction of Dawson County, Georgia. Sec. 113-28. - Basis for area of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in its Flood Insurance Study (FIS), dated, April 4, 2018 with accompanying maps and other supporting data and any revision thereto, are adopted by reference and declared a part of this chapter. For those land areas acquired by a municipality through annexation, the current effective FIS dated April 4 2018, with accompanying maps and other supporting data and any revision thereto, for Dawson County are hereby adopted by reference. The repository for public inspection of the flood insurance study (FIS), accompanying maps and other supporting data is located within the offices of the Dawson County Community Development Department. (a)The areas of special flood hazard identified by the Federal Emergency Management Agency in its Flood Insurance Study (FIS), dated October 29, 2007, with accompanying maps and other supporting data and any revision thereto, are adopted by reference and declared a part of this chapter. (b)For those land areas acquired by a municipality through annexation, the current effective FIS dated October 29, 2007, with accompanying maps and other supporting data and any revision thereto, for Dawson County are hereby adopted by reference. (c)The repository for public inspection of the flood insurance study (FIS), accompanying maps and other supporting data is located within the offices of the Dawson County Community Development Department. Sec. 113-57. - Designation of chapter administrator. The building official or his or her designee is hereby appointed to administer and implement the provisions of this chapter. Sec. 113-58. - Permit procedures. Application for a development permit shall be made to the building official or his or her designee on forms furnished by the community prior to any development activities, and may include, but not be limited to the following: plans in duplicate drawn to scale showing the elevations of the area in question and the nature, location, dimensions, of existing or proposed structures, earthen fill placement, storage of materials or equipment, and drainage facilities. Specifically, the following information is required: 1) Application stage. ---PAGE BREAK--- 22 a. Elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all proposed structures; b. Elevation in relation to mean sea level to which any nonresidential structure will be flood- proofed; c. Design certification from a registered professional engineer or architect that any proposed nonresidential flood-proofed structure will meet the flood-proofing criteria of section 113-78(2); d. Description of the extent to which any watercourse will be altered or relocated as a result of a proposed development; and 2) Construction stage. a. For all new construction and substantial improvements, the permit holder shall provide to the administrator an as-built certification of the regulatory floor elevation or flood-proofing level immediately after the lowest floor or flood proofing is completed. Any lowest floor certification made relative to mean sea level shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When flood proofing is utilized for nonresidential structures, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. b. Any work undertaken prior to submission of these certifications shall be at the permit holder's risk. c. The building official or his or her designee shall review the above referenced certification data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being allowed to proceed. Failure to submit certification or failure to make said corrections required hereby, shall be cause to issue a stop- work order for the project. Sec. 113-59. - Duties and responsibilities of the administrator. Duties of the building official or his or her designee shall include, but shall not be limited to: 1) Review proposed development to assure that the permit requirements of this chapter have been satisfied. 2) Review proposed development to ensure that all necessary permits have been received from governmental agencies from which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334. Require that copies of such permits be provided and maintained on file. 3) Review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. 4) When base flood elevation data or floodway data have not been provided in accordance with section 113-28, then the building official or his or her designee shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other sources in order to administer the provisions of article IV of this chapter. 5) Review and record the actual elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all new or substantially improved structures in accordance with section 113-58(2). 6) Review and record the actual elevation, in relation to mean sea level to which any new or substantially improved structures have been flood-proofed, in accordance with section 113-58(2). 7) When flood-proofing is utilized for a structure, the building official or his or her designee shall obtain certification of design criteria from a registered professional engineer or architect in accordance with section 113-58(1)c and section 113-78(2) or 113-80(2). 8) Make substantial damage determinations following a flood event or any other event that causes damage to structures in flood hazard areas. 9) Notify adjacent communities and the Georgia Department of Natural Resources prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency (FEMA). ---PAGE BREAK--- 23 10) For any altered or relocated watercourse, submit engineering data/analysis within six months to the FEMA to ensure accuracy of community flood maps through the letter of map revision process. Ensure flood carrying capacity of any altered or relocated watercourse is maintained. 11) Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the building official or his or her designee shall make the necessary interpretation. Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this chapter. 12) All records pertaining to the provisions of this chapter shall be maintained in the office of the building official or his or her designee and shall be open for public inspection. Sec. 113-78 – Specific standards. Standards for manufactured homes and recreational vehicles. Where base flood elevation data are available: a. All manufactured homes placed and/or substantially improved on: 1. Individual lots or parcels; 2. In new and/or substantially improved manufactured home parks or subdivisions; 3. In expansions to existing manufactured home parks or subdivisions; or 4. On a site in an existing manufactured home park or subdivision where a manufactured home has incurred "substantial damage" as the result of a flood; must have the lowest floor including basement, elevated no lower than one foot above the base flood elevation. b. Manufactured homes placed and/or substantially improved in an existing manufactured home park or subdivision may be elevated so that either: 1. The lowest floor of the manufactured home is elevated no lower than one foot above the level of the base flood elevation; or 2. The manufactured home chassis is elevated and supported by reinforced piers (or other foundation elements of at least an equivalent strength) of no less than 36 inches in height above grade. c. All manufactured homes must be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. (Reference section 113-77(6)) d. All recreational vehicles placed on sites must either: 1.Be on the site for fewer than 180 consecutive days; 2.Be fully licensed and ready for highway use, (a recreational vehicle is ready for highway use if it is licensed, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached structures or additions); or 3.The recreational vehicle must meet all the requirements for "new construction," including the anchoring and elevation requirements of subsections (3)a through c of this section. Sec. 113-81. - Standards for subdivisions and/or development proposals. All subdivision and/or development proposals shall be consistent with the need to minimize flood damage. All subdivision and/or development proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. All subdivision and/or development proposals shall have adequate drainage provided to reduce exposure to flood hazards. For subdivisions and/or developments greater than 50 lots or five acres, whichever is less, base flood elevation data shall be provided for subdivision and all other proposed development, including manufactured home parks and subdivisions. Any changes or revisions to the flood data adopted herein and shown on the FIRM shall be submitted to FEMA for review as a conditional letter of map revision (CLOMR) or conditional ---PAGE BREAK--- 24 letter of map amendment (CLOMA), whichever is applicable. Upon completion of the project, the developer is responsible for submitting the "as-built" data to FEMA in order to obtain the final LOMR. (a)All subdivision and/or development proposals shall be consistent with the need to minimize flood damage. (b)All subdivision and/or development proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (c)All subdivision and/or development proposals shall have adequate drainage provided to reduce exposure to flood hazards. (d)For subdivisions and/or developments greater than 50 lots or five acres, whichever is less, base flood elevation data shall be provided for subdivision and all other proposed development, including manufactured home parks and subdivisions. Any changes or revisions to the flood data adopted herein and shown on the FIRM shall be submitted to FEMA for review as a conditional letter of map revision (CLOMR) or conditional letter of map amendment (CLOMA), whichever is applicable. Upon completion of the project, the developer is responsible for submitting the "as-built" data to FEMA in order to obtain the final LOMR. Sec. 113-83. – Standards for Areas of Special Flood Hazard (Zones AE) with established Base Flood Elevations without designated floodways. For locations within the Areas of Special Flood Hazard established in Section 113-28, where streams with base flood elevations are provided but no floodways have been designated (Zones AE), the following provisions apply: 1) No encroachments, including fill material, new structures or substantial improvements shall be located within areas of special flood hazard, unless certification by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. The engineering certification must be supported by data that conforms to standard hydraulic engineering principles. 2) New construction or substantial improvements of buildings shall be elevated or flood-proofed to elevations established in accordance with Section 113-78. Sec. 113-108. - Variances. The Dawson County Planning Commission Board of Commissioners shall hear and decide requests for appeals or variance from the requirements of this chapter. The Planning Commission board shall hear and decide appeals when it is alleged an error in any requirement, decision, or determination is made by the Building Official or his or her designee in the enforcement or administration of this chapter. Any person aggrieved by the decision of the Planning Commission may appeal such decision to the Dawson County Board of Commissioners. Any person aggrieved by the decision of the board of commissioners may appeal such decision to the Superior Court of Dawson County, as provided in O.C.G.A. § 5-4-1. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum to preserve the historic character and design of the structure. Variances may be issued for development necessary for the conduct of a functionally dependent use, provided the criteria of this article are met, no reasonable alternative exists, and the development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. In reviewing such requests, the Planning Commission board of commissioners shall consider all technical evaluations, relevant factors, and all standards specified in this and other sections of this chapter. Conditions for variances: ---PAGE BREAK--- 25 A variance shall be issued only when there is: a. A finding of good and sufficient cause; b. A determination that failure to grant the variance would result in exceptional hardship; and c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. The provisions of this chapter are minimum standards for flood loss reduction; therefore, any deviation from the standards must be weighed carefully. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and, in the instance of an historic structure, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building. Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation of the proposed lowest floor and stating that the cost of flood insurance will be commensurate with the increased risk to life and property resulting from the reduced lowest floor elevation. The Building Official shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. Upon consideration of the factors listed above and the purposes of this chapter, the Planning Commission board of commissioners may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. Sec. 113-130 – Definitions. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. Accessory structure means a structure having minimal value and used for parking, storage and other nonhabitable uses, such as garages, carports, storage sheds, pole barns, hay sheds and the like. Addition (to an existing building) means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition, which is connected by a firewall or is separated by an independent perimeter load-bearing wall, shall be considered "new construction." Appeal means a request for a review of the building official's interpretation of any provision of this chapter. Area of shallow flooding means a designated AO or AH zone on a community's flood insurance rate map (FIRM) with base flood depths from one to three feet, and/or where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Area of special flood hazard is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. In the absence of official designation by the Federal Emergency Management Agency, areas of special flood hazard shall be those designated by the local community and referenced in section 113-28. Base flood means the flood having a one percent chance of being equaled or exceeded in any given year. Base flood elevation (BFE). The elevation shown on the flood insurance rate map for zones AE, AH, A1- A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30, and VE that indicates the water surface ---PAGE BREAK--- 26 elevation resulting from a flood that has a one percent chance of equaling or exceeding that level in any given year. Basement means that portion of a building having its floor sub grade (below ground level) on all sides. Building means any structure built for support, shelter, or enclosure for any occupancy or storage. Critical facility means any public or private facility, which, if flooded, would create an added dimension to the disaster or would increase the hazard to life and health. Critical facilities include: Structures or facilities that produce, use, or store highly volatile, flammable, explosive, toxic, or water-reactive materials; Hospitals and nursing homes, and housing for the elderly, which are likely to contain occupants who may not be sufficiently mobile to avoid the loss of life or injury during flood and storm events; Emergency operation centers or data storage centers which contain records or services that may become lost or inoperative during flood and storm events; and Generating plants, and other principal points of utility lines. Development means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, and storage of materials or equipment. Elevated building means a non-basement building built to have the lowest floor of the lowest enclosed area elevated above the ground level by means of, solid foundation perimeter walls, pilings, columns, piers, or shear walls adequately anchored so as not to impair the structural integrity of the building during a base flood event. means a nonbasement building built to have the lowest floor of the lowest enclosed area elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns, piers, or shear walls adequately anchored so as not to impair the structural integrity of the building during a base flood event. Existing construction, for the purposes of determining rates, means structures for which the start of construction commenced before December 15, 1990. any structure for which the "start of construction" commenced before October 27, 1997 the effective date of the first floodplain management code or ordinance adopted by the community as a basis for that community's participation in the National Flood Insurance Program (NFIP)]. Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and final site grading or the pouring of concrete pads) is completed before April 4, 1985. means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and final site grading or the pouring of concrete pads) is completed before October 27, 1997 the effective date of the first floodplain management regulations adopted by a community]. New construction, for the purposes of determining insurance rates, means structures for which the start of construction commenced after December 15, 1990 and includes any subsequent improvements to such ---PAGE BREAK--- 27 structures. For floodplain management purposes, new construction means structures for which the start of construction commenced after April 4, 1985 and includes any subsequent improvements to such structures. means any structure (see definition) for which the "start of construction" commenced on or after October 27, 1997, and includes any subsequent improvements to the structure. the effective date of the first floodplain management ordinance adopted by the community as a basis for community participation in the (NFIP)]. New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after April 4, 1985. means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after October 27, 1997. the effective date of the first floodplain management regulations adopted by a community]. Sec. 117-93. - Evaluate, retain, and incorporate natural features. Evaluate the proposed development's compatibility with the existing environment to determine the limitations and capabilities of the site for development. Development should be limited to a level that does not exceed the capabilities and requirements of a healthy environment. Significant site features such as natural ground forms, large rock outcroppings; water and significant view corridors shall be identified and should be incorporated into development plans. Riparian zones, stream corridors, and wetlands shall should be protected for their wildlife habitat and other values. Development plans for these areas shall should treat these components as assets. The alteration or improvement of significant natural resource areas may be permitted so long as relevant regulations are followed, potential losses are mitigated, and best management practices are employed to minimize permanent damage. Preserve patches of high-quality habitat, as large and circular as possible, feathered at the edges, and connected by wildlife corridors. The design of outdoor spaces shall should recognize and incorporate views, solar angles, climate, and the nature of outdoor activities which could occur in conjunction with the project. Sec. 117-94. - Protect environmentally sensitive areas. Conserve and protect natural resources, including air quality, trees, natural vegetation, existing topography, streams, creeks, wetlands, watersheds, water quality, and wildlife habitat. Limit development in environmentally sensitive areas such as severe topography and areas with drainage problems. This guideline is considered particularly applicable in the northern portion of the Georgia 400 corridor. Major considerations concerning water quality shall should include: organic pollution from infiltration and surface runoff; erosion and sedimentation; water temperature elevation; nutrients such as nitrogen and phosphorous; and toxic materials. ---PAGE BREAK--- 28 Flood plain storage shall should not be decreased from its present state. Utilize areas of flood plain for open space and passive recreational purpose, whenever possible. Restore and enhance environmental functions damaged by prior site activities. The director of planning and development may exempt development proposals on properties with one acre or less in area, or minor developments, from this requirement if through a site visit or other information presented the requirement for a site conditions analysis can be satisfied with other data and enforcing this requirement would be onerous given the development proposed. Sec. 117-95. - Create public spaces and amenity areas. Development shall should include public plazas, courtyards, and similar amenities or public assembly areas that are visible from the street and accessible from the business or other use. Such amenities should be scaled appropriately to the size and location of the project. Sec. 117-119. - Site preparation, filling, and grading. Abrupt or unnatural-appearing grading design is not allowed. Grading on new project sites should blend with the contours of adjacent properties with minimum alteration of the natural topography necessary to accomplish the development. The area under the drip line of all existing trees to be retained shall should be fenced prior to construction with orange plastic tree fencing material. Grading under the drip line of trees to be retained on site is prohibited so as to prevent soil compaction and significant root damage. Proposed cut and fill slopes shall should be rounded off both horizontally and vertically. Balancing the cut and fill is highly encouraged. No fill, removal, or modification of a riparian area should be approved unless there is no reasonable and feasible alternative, as determined by the county. Preserve smooth flowing planes in the ground form; minimize steep slopes and avoid harsh, easily eroded banks. Sec. 117-120. - Drainage and erosion control. All onsite drainage shall be collected and conveyed to an approved storm drainage system. Consider minimizing runoff by clustering development on the least porous soils. Consider using infiltration devices. Evaluate and if appropriate install permeable pavements for overflow and employee parking areas where possible. Natural on-site drainage patterns shall should be used where practicable. Detain runoff with open, natural drainage systems where possible. Design man-made lakes and storm water ponds for maximum habitat value. ---PAGE BREAK--- 29 Best erosion control practices shall should be followed. Sec. 117-123. - Berms. Berms shall should be used to provide visual and acoustical separation from vehicle traffic and incompatible land uses. The height and slope of a berm should vary to provide for visual interest and a more natural effect. Sec. 117-145. - Pedestrian systems must be provided. All likely pedestrian routes shall should be identified in the design phase and provided for in the design process. These include linkages to individual buildings, neighboring properties, and access ways along public roads. Identifying pedestrian routes in advance will eliminate poor selection of landscape areas that become damaged due to pedestrian "short cuts." All site facilities and amenities shall be accessible to people with disabilities in accordance with the applicable federal and state codes. Pedestrian circulation measures (paths, crossings, etc.) shall be shown on project site plans. should take precedence over vehicular circulation. Where pedestrian circulation crosses vehicular routes, a change in grade, materials, textures or colors shall should be provided to emphasize the conflict point and improve its visibility and safety. Brick pavers and other special paving materials and overhead features are encouraged to distinguish pedestrian walkway surfaces and areas. Sec. 117-174. - Principal site access. The entire parcel, rather than simply a particular project, shall should be considered in formulating and approving access plans. A public frontage road shall be required parallel to Georgia 400. Parcels should not be subdivided such that they each require individual access to a state highway. If the parcel has frontage on a secondary or frontage road, access points shall occur there and not on a highway. The number of driveways shall be minimized, consistent with appropriate principles of highway and road access management and traffic engineering. Curb cuts (driveway accesses) will generally be restricted in number to one entrance and exit drive per development, if no other access is available. Inter-parcel site access shall should be provided to adjacent properties. Shared driveways between two parcels, at the property line, shall may be required. New driveways shall should be sited away from or immediately opposite street intersections. Provide adequate driveway length. Driveways shall should be long enough to allow adequate space for vehicles pulling off the road and stacking to enter the road. ---PAGE BREAK--- 30 The width of curb cuts shall be minimized, but shall always meet the requirements of emergency service vehicles. A wider curb cut may be required on a higher speed highway. All elements of the site design shall accommodate access requirements of emergency vehicles and services. All access points and curb cuts shall meet minimum rules and regulations for driveway and encroachment control of the Georgia Department of Transportation, the Dawson County Public Works Director or his or her designee Engineer, and the specifications provided in these guidelines. Sec. 117-175. - Service functions. Service functions deliveries, maintenance activities) shall should be integrated into the circulation pattern in a manner which minimizes conflicts with vehicles and pedestrians. Access for service vehicles, trash collection and storage areas shall should be located on alleys where alleys exist. When no alley exists, access should be provided to the rear or sides of buildings being served. Larger commercial developments shall should have service and loading areas separate from main circulation and parking areas. Sec. 117-176. - Off-street parking. Any type of off-street parking configuration may be appropriate in the district, depending on site-specific development circumstances and objectives. Driveway entrances shall should provide a 100 foot deep clear zone between the pavement of Georgia 400 and the first parking space. On any other state highway or county road, the clear zone should be at least 60 feet. The driveway entry "throat" of large shopping center parking areas shall provide at least 40 feet of clear zone before a turning movement occurs to provide sufficient queuing room for cars entering off the street. The visual impact and presence of vehicles shall should be minimized, preferably by siting parking areas to the rear or side of the property rather than along the principal street frontage, or if siting options are limited, screening parking areas with vegetation and berms from views exterior to the site. Where a parking area fronts directly on a public street, a continuous opaque screen should be provided. Said screen should be a minimum height of two feet. Parking for the handicapped shall be provided in accordance with applicable codes. Sec. 117-206. - Generally. Landscaped areas shall should be maximized within the viewshed of the highway and major streets. All landscaping shall be continually maintained in a healthy and weed-free condition. ---PAGE BREAK--- 31 Tree and shrub planting shall should be grouped together to create strong accent points within the site plan unless circumstances dictate otherwise. All plant materials shall should be sized so that the landscaping has an attractive appearance at the time of installation and a mature appearance within three years of planting. Landscaping of the site upon completion of the development shall be consistent, in terms of plant location, species, and size, with the landscape plan for the development as approved by the Community Development planning and zoning Director or his her designee. In certain prominent public areas, trees larger than the minimum shall may be required to create a strong design element. All proposed shrubs except accent, color or ground cover planting shall should be a minimum of three gallon size. Shrubs and ground cover plants should be spaced close enough together to ensure an attractive and mature planting effect. Landscaping shall should consider potential benefits of conserving energy in buildings. This can be done by recognizing the sun exposure on the site and providing appropriate tree species in advantageous locations: deciduous trees on the southern exposure, coniferous and broadleaf evergreen trees along the eastern and western exposures, and evergreens along the northern exposure. Trees shall should be carefully selected and located where they will complement the building elevation and should not block all retail storefront signage from view. Tree species shall should be selected with root growth habits that will not cause damage to sidewalks, or such tree species should be sited away from such hardscape areas. Tree species shall not be planted so close to building foundations that the mature roots and branches create structural damage or maintenance issues (such as window cleaning) or block or impede emergency exits or access. Utility easements shall should be landscaped. Dense landscaping and/or architectural treatments shall should be provided to screen unattractive views and features such as storage areas, trash enclosures, transformers, generators, and other similar appurtenances. Sec. 117-207. - Buffers. Buffers abutting residential districts. Where commercial, industrial, office, or institutional development adjoins/touches abuts an existing single-family residential zoning district along a side or rear property line, minimum building setbacks and buffers shall be established according to the following table: Zoning District Minimum Building Setback Along Side or Rear Yard Adjoining/touching Abutting a Single- family Residential Zoning District Minimum Buffer Along Side or Rear Yard Adjoining/touching Abutting a Single-family Residential Zoning District Office or institutional 40 feet 30 feet ---PAGE BREAK--- 32 Commercial 50 feet 40 feet Industrial 80 60 feet 70 50 feet Buffers required by this section shall be planted and maintained with sufficient density and vegetative material to effectively screen the adjacent residential use from the subject activities. Existing vegetation may be considered sufficient in meeting this requirement if the area is delineated on the landscape or development plan as a tree save area, is protected by the tree protection devices as prescribed by these guidelines, and provides sufficient screening. If an existing tree save area is proposed as a buffer but such area does not provide sufficient screening, said tree save area shall be supplemented with additional plantings until screening is achieved. This buffer requirement shall not apply to residential development that is developed as a part of a mixed-use development. If an existing residence lies within 100 feet of the property line adjoining the development, these buffer requirements shall apply unless written permission from the adjoining homeowners waiving these requirements is obtained. Sec. 117-209. – Tree protection. All buffers with existing trees shall should be delineated on plans as tree save areas, unless the applicant clearly demonstrates the need for disturbance. Tree protection devices are necessary to eliminate activities detrimental to trees and are strongly recommended to guard against: soil compaction in the critical root zone resulting from heavy equipment, vehicular or excessive pedestrian traffic, or storage of equipment or materials; root disturbance due to cuts, fills or trenching; wounds to exposed roots, trunks or limbs by mechanical equipment; and other activities such as chemical storage, etc. Tree protection devices shall should be installed as shown on the landscape plan or otherwise completely surrounding the critical root zone of all trees to be preserved. The location and installation of all tree protection devices shall should be installed prior to or concurrent with the issuance of the construction permit for clearing and/or grading. Active tree protection shall should consist of chain link, orange laminated plastic, wooden post and rail fencing or other equivalent restraining material (See Details 2 and 3—Active Tree Protection And Active Tree Protection/CRZ). Passive protection should consist of heavy mil plastic flagging of a bright color or equivalent signage on a continuous, durable restraint sufficient to delineate the bounds of any tree protection or save areas. All tree protection devices shall should be installed prior to or concurrent with any clearing, grubbing or grading. Tree protection devices need to remain in functioning condition throughout all phases of development and may be subject to inspection by the county. All tree protection zones shall should be designated as such with "Tree Protection Area" signs posted visibly on all sides of the fenced-in area. These signs are intended to inform subcontractors of the tree protection process. Signs requesting subcontractor cooperation and compliance with the tree protection standards are recommended for site entrances. (See Detail 4, Tree Protection Area Signage). Sec. 117-210. - Parking lot landscaping. Landscape islands containing at least one overstory tree or two understory trees planted in each landscape island, shall be provided within parking areas with ten or more spaces and located in such a manner so as to ---PAGE BREAK--- 33 divide and break up the expanse of parking area. Where required, Oone landscape island shall be located at the end of each row of parking spaces in the interior of the parking lot. In addition, one parking lot landscape island shall also be provided for every 150 linear feet of parking spaces, whether at the periphery or in the interior of the parking lot. Each landscape island shall be of sufficient shape and size so that one overstory tree or two understory trees will fit within the island. No portion of an island shall be less than three feet in width. Root systems at maturity shall not compromise the parking surface. Curbing shall should be used at the edges of all planters and paving surfaces adjacent to vehicle circulation or parking areas. Vehicle overhang above or into landscape areas should be avoided unless wider or larger planting areas are provided to accommodate such instances. Landscaping should not be installed in areas of potential vehicle overhang. Sec. 117-211. - Street trees. In the north portion of the Georgia 400 corridor, street trees shall be installed in the public right-of-way of local streets for all development within nonresidential districts, subject to the approval of the county public works director or his or her designee engineer. Unless unusual circumstances prevail, all Sstreet trees or parking lot trees shall should be a minimum 15- gallon size. Street trees shall should normally be overstory, nonornamental, with a minimum three-inch caliper planted at 75-foot intervals. Sugar maple is the preferred street tree. In the south portion of the Georgia 400 corridor, street tree planting should strive to achieve the look of a manicured landscape by planting; toward this end, street trees may be grouped rather than spaced at regular intervals. Street trees shall consist of a mixture of deciduous / evergreen native species including blossoming species. Street trees and landscaping shall not impede safe traffic and pedestrian travel line of sight. In lieu of street trees in the south portion of the Georgia 400 corridor, a right-of-way planting strip as required by these regulations shall should contain landscaping with a minimum caliper of three inches planted thirty feet on center and/or a mixture of canopy and understory species. In commercial areas, street trees along driveways and other access roads shall should be provided in addition to any proposed on-site landscaping to provide shading, visual enhancement, and continuity for the streetscape. Sec. 117-212. - Irrigation. Water-intensive landscaping, such as turf grass, shall be used minimally. should be concentrated in areas of high visibility and use. The combined square footage of turf grass and decorative water (e.g. fountains, ponds, etc.) shall should be minimized to reduce water use and evapotranspiration. Plant materials shall should be chosen which grow well in the localized climate and the given soil conditions without requiring excessive irrigation. A plan for an automatic irrigation system shall should be provided as appropriate to ensure that all plants receive adequate water for healthy growth. Irrigation systems should be provided for all planted areas that are under roof overhangs. Plantings under roof overhangs shall be avoided as roof overhang plantings conceal potential insect infestations and require additional irrigation arrangements. Sec. 117-234. - Style. ---PAGE BREAK--- 34 Diversity of architectural design shall should be encouraged. Theme or stylized architecture which is characteristic of a particular historic period or trend is not encouraged, unless the existing building or site is historically important to the district or necessary for architectural harmony. Multiple buildings on the same site shall should be designed to create a cohesive visual relationship between and among the buildings. Sec. 117-235. - Exterior materials. For commercial and multifamily residential structures, front facades shall be brick and stone with the exception of windows, doors, and accent elements and trim. Side and rear facades shall be a minimum of 50% brick or stone with the remainder as windows, doors, fiber cement hardi-board siding, board and batten, or hard-coat stucco. This section shall not apply to development in the C-HI and C-IR districts. All sides of a building may impact on its surroundings and should be considered for treatment with an architectural finish of primary materials brick and stone). As a general rule, front facades should be at least 80 percent brick and stone. Side facades should be at least fifty percent brick and stone. Rear facades do not have a minimum requirement for primary materials and can consist entirely of secondary materials stucco). Tertiary materials wood and metal) should be used for decorative elements and trim only. Prohibited exterior building materials are the following: 1. Smooth-faced concrete block 2. Metal (except as accents) 3. EIFS stucco 4. Vinyl siding 5. Reflective, shiny or mirror-like materials 6. Mill-finish (noncolored) aluminum metal windows or door frames 7. Exposed, unfinished foundation walls 8. Exposed plywood or particle board Exterior building materials on the primary structure should not include smooth-faced concrete block, tilt- up concrete panels, or prefabricated steel panels. (c)The following types of building materials are highly prohibited: highly reflective, shiny, or mirror-like materials; mill-finish (noncolored) aluminum metal windows or door frames; exposed, unfinished foundation walls; exposed plywood or particle board; and unplastered, exposed concrete masonry blocks. All exterior facades of a structure located on an outparcel of a larger development shall should be considered primary facades and should employ architectural, site, and landscaping design elements which are integrated with and common to those used on the primary structure on the site. Common design elements should include colors and materials associated with the main structure or structures on the larger development. Buildings that are stylized in an attempt to use the building itself as advertising should generally be discouraged, particularly where the proposed architecture is the result of a "corporate" or franchise style. Proposed corporate or franchise advertising using the building style shall be discouraged in favor of creating a harmonious visual relationship with other neighboring buildings. All vents, gutters, downspouts, flashing, electrical conduits, etc., shall should be painted to match the color of the adjacent surface, unless being used expressly as a trim or accent element. ---PAGE BREAK--- 35 Soffits and other architectural elements visible to the public but not detailed on the plans shall should be finished in a material compatible with other exterior materials. Material or color changes generally should occur at a change of plane. Piecemeal embellishment and frequent changes in material shall should be avoided unless utilized to avoid the monotony of large walls. Approved address numbers shall should be provided so that they are legible to the public from the street fronting the property. Prior to issuance of a building permit, a project representative shall submit to the Community Development Director or his or her designee a four-sided architectural view of the structure which shall meet these standards. Sec. 117-237. - Awnings and canopies. The use of awnings on buildings are recommend so as to provides much needed protection from sun, wind, and rain, and to improves aesthetics of the building exterior. Awnings shall are recommended to be constructed with a durable frame covered by a canvas material. Awnings that are backlit through translucent materials may be acceptable but are not permitted. particularly encouraged. Aluminum and other metal canopies are acceptable in most instances, particularly when integrated into shopping center designs. Flameproof vinyl, canvas or metal awnings and canopies may be used. Sec. 117-242. - Outparcel development. All exterior facades of a building located on an outparcel of a larger development shall be considered primary facades and shall should employ architectural, site, and landscaping design elements which are integrated with and common to those used on the primary structure on the site. Common design elements should include colors and materials associated with the main structure or structures on the larger development. Sec. 117-257. - Generally. Unattractive project elements such as storage areas, transformers, generators and similar features shall should be sited in areas which are generally not visible from the street and must also be screened from view. Sec. 117-258. - Trash enclosures. Trash enclosures shall be constructed of sturdy, durable, opaque materials (with trash receptacles screened from view) which are designed to be compatible with the project architecture and shall should use similar materials. Enclosures shall be at least one foot taller than the receptacle/dumpster. Space shall be provided within enclosures for pallets, skids, cartons, etc., and no overflow of these or other debris shall be allowed in public view. Sec. 117-260. - Fences and walls. All walls or fences fifty feet in length or longer, and four feet in height or taller, should be designed to minimize visual monotony though changes in plane, height, material or material texture or significant landscape massing. ---PAGE BREAK--- 36 Chain link fencing is discouraged. Use of special fencing design or materials should be discussed with county staff in cases where site security is paramount. If used, Chain link fencing shall be vinyl coated black or green and noted as such on a project site plan. it should be vinyl coated (black or green colored vinyl encouraged). Wooden fences shall should be painted or stained in an appropriate fashion and should not normally exceed a height of six feet. The design of fences and walls shall should be compatible with the architecture of the main building(s) and should use similar materials. Sec. 117-261. - Trash enclosures and recycling collection. Trash enclosures shall be constructed of sturdy, durable, opaque materials (with trash receptacles screened from view) which are similar to or designed to be compatible with the project architecture. Trash enclosures should include adequate, accessible and convenient areas for collecting and loading recyclable materials. Space shall be provided within enclosures for pallets, skids, cartons, etc., and no overflow of these or other debris shall be allowed in public view. Sec. 117-287. - Convenience stores. The on-site circulation pattern shall should include adequate driving space to maneuver vehicles around cars parked at the pumps, with special attention to the circulation of vehicles not involved in the purchase of fuel. The amount of unrelieved pavement or asphalt area on the site shall should be limited through the use of landscaping, contrasting colors and banding or pathways of alternate paver material. Extensive expanses of single color concrete pavement shall should be avoided. Building architecture shall should be designed to provide an attractive appearance which is compatible with the surrounding area. All architectural details shall should be related to an overall architectural theme. Separate structures (canopy, carwash, cashiers booth, etc.) on the site shall should have consistent architectural detail and design elements to provide a cohesive project site. If a car wash is incorporated into the project, it shall should be well integrated into the design. The car wash opening shall should be sited so that it is not directly visible as the primary view from the street into the project site. Sec. 117-289. - Fast food restaurants. Franchise or corporate style architecture and/or highly contrasting color schemes are discouraged. If the restaurant will occupy a pad within a shopping center, the building shall should be designed to be consistent with the "theme" or design of the center. Where drive-through elements are appropriate, they shall should be architecturally integrated into the building. Drive-through elements shall should not be located on the street side of the building or else should be heavily screened from view. The site design shall should accommodate a logical and safe vehicle and pedestrian access and circulation pattern through the site. Circulation needs to allow for adequate length of queuing lines for drive-through ---PAGE BREAK--- 37 elements which do not interfere with the on-site parking for patrons entering the restaurant, nor result in traffic queuing into the street. Freestanding restaurant buildings shall should be designed and detailed consistently on all sides, including the rear and side elevations. Outdoor seating areas, play equipment, and perimeter fencing shall should be of compatible and attractive design that is integrated with the main building architecture. Sec. 117-291. - Urban activity centers. Generally. An urban activity center is a mixed-use, pedestrian-oriented development that combines retail, service, civic, office, institutional and multi-family and other residential uses and links the uses together by a highly connected pattern of streets, sidewalks, and shared open spaces. Activity centers allow for more intense clustering of land uses within nodes of new development to prevent the "stripping" out the entire corridor. For more information on recommendations for land use mix and design, see the land use element of the comprehensive plan (2005 amendment). Sec. 117-292. - Business park development. Purpose. The purpose of these design standards guidelines is to ensure that new business parks are high quality developments that support job creation and economic expansion and at the same time respect the rural character and natural environmental features of the area. To accomplish these objectives, business parks should be developed in a campus-like setting consisting of attractive buildings, significant natural open space and formal landscaped areas. The appropriate uses for these business parks are suburban light manufacturing and assembly, scientific and research laboratories and corporate and general offices. Perimeter buffer. Visual buffers consisting of existing vegetation supplemented by plantings and berms shall should be located along the periphery of business parks in accordance with overall landscaping requirements. Outdoor storage and display. Outdoor storage of materials or products is discouraged. Storage trailers or containers shall be located in designated areas at the rear of properties and screened from view. No outdoor processes should be employed in the operation of any business in the business park. Any waste and recycling receptacles shall be located within an enclosed structure at the side or rear of the building. No outdoor display areas shall should be allowed except for seasonal display as specified in commercial display lots. Display areas shall should be located within screened areas, flex-space, or office buildings. Landscaping. A minimum of ten percent of each developed subdivided tract within the business park shall should be devoted to landscaping. Large canopy street trees should be planted at 60 to 100 foot intervals along internal circulation roads. Sec. 117-334. - Respect for adjacent residential neighborhoods; building facades; landscaping. ---PAGE BREAK--- 38 New multiple-family residential developments shall should respect the scale and character of the adjacent residential neighborhood through attention to views, building scale and orientation, proximity to adjacent uses, location of driveways, noise, lighting and landscape. Building facades shall should be articulated by using color, arrangement, or change in materials to emphasize the facade elements. The planes of the exterior walls may be varied in height, depth or direction. Long facades should be designed with sufficient building articulation and landscaping to avoid a monotonous or overpowering institutional appearance. Exterior site design and landscaping shall should provide functional recreational spaces and/or community site amenities. Exterior spaces should be designed to enhance the overall appearance and compatibility of such development by providing privacy, buffering and daylight, and to provide a pleasant transition to the street. Sec. 117-357. - Generally. Exterior lighting of the building and site shall should be designed so that light is not directed off the site and the light source is shielded from direct offsite viewing. All outdoor light fixtures shall be fully shielded or be designed or provided with light angle cut-offs, so as to eliminate uplighting, spill light, and glare. Sec. 117-358. - Mounting poles and height. Fixture mounting height shall should be appropriate for the project and the setting. Use of low, bollard- type fixtures, 3 to 4 feet in height, are encouraged as pedestrian area lighting. The mounting height of fixtures in smaller parking lots or service areas shall should not exceed twenty feet, with lower mounting heights encouraged, particularly where adjacent to residential areas or other sensitive land uses. Sec. 117-359. - Types of lighting. Light fixtures that provide canopy overlighting should be recessed into the canopy. Yard lights shall be oriented downward; uplighting is not permitted. Roof top lighting is prohibited strongly discouraged. Sec. 117-416. - Alternate design. Determination Plan review shall be made performed by Planning Commission county staff. Should a design not meet all of the standards contained within division 7 of article II of chapter 117 of this Code, then the proposed design must be submitted, for public hearing, to the county Planning Commission board of commissioners for review and approval as an alternate design. In considering whether to approve such alternate design, the Planning Commission board of commissioners shall consider: How the alternate design will meet the intent of this Code; Whether there exists an architectural or structural reason why the existing requirement(s) cannot be met; ---PAGE BREAK--- 39 What historical or iconic value is there in the proposed alternate design; and Effect upon adjoining property. The application for an alternate design shall be submitted in a form prescribed by the county, and shall include architectural elevation drawings, illustrating the design and exterior finish materials for all building sides. Photographs and artistic renderings may not be submitted in lieu of elevation drawings. Public hearing. The application for an alternate design shall be scheduled for public hearing and consideration by the Planning Commission board of commissioners upon submission of a complete application to the Community Development planning Director in accordance with the submittal deadline established by the department of Community planning and Development. The public hearing before the Planning Commission board of commissioners shall occur on the date advertised. The proponents shall have a minimum time period of ten minutes to present data, evidence, and opinions, and an equal minimum time period of ten minutes shall be permitted for presentation by opponents of each request. No alternate design shall be permitted unless approved after a public hearing. At least 15 but not more than 45 days before the date of the hearing by the Planning Commission board of commissioners, the county shall publish a notice of the hearing within a newspaper of general circulation within Dawson County. The notice shall state the time, place, and purpose of the hearing. A public hearing sign shall be placed in a conspicuous location on the subject property at least 15 but not more than 45 days prior to the date of the scheduled hearing. The required sign shall state the time, place, and purpose of the public hearing. At least 15 days bBefore each hearing, a notification shall be sent to each adjoining property owner within Dawson County by regular mail sent to the address provided by the applicant or the address as shown on the current tax records. The notice shall be mailed within a reasonable time before the meeting. Sec. 121-26. - Land use districts established. Under this chapter, Dawson County is divided into the following land use districts: Residential land use districts. a. RT Residential Town (max 3 dwelling units per gross acre du/acre). b. RL Residential Lakefront. c. RS Residential Suburban (max 1 dwelling unit per gross du/per net acre). d. RS-2 Residential Suburban (max 2 dwelling units per gross du/per net acre); e. RS-3 Residential Suburban (deleted category 3 du/per net acre); f. RSR Residential Sub-Rural. ---PAGE BREAK--- 40 g. Residential Sub-Rural Manufactured/Moved. h. RMF Residential Multiple-family (max 6 dwelling units per gross acre); i. VCR Vacation Cottage Restricted (deleted category). j. VC Vacation Cottage (deleted category); k. RA Residential Exurban/Agricultural. l. RRE Residential Rural Estate. m. RPC Residential Planned Community (max 1.5 dwelling units per gross acre). n. RMHP Residential Manufactured/ Mobile Home Park. (2)Commercial land use districts. a. C-RB Rural Business. b. C-CB Community Business. c. C-HB Highway Business. d. C-OI Office, Institutional. e. C-HI Highway Business Intensive. f. C-IR Industrial Restricted; C-PCD Planned Comprehensive Development (deleted category). MUV Mixed Use Village (max 2.8 dwelling units per gross acre). Sec. 121-33. - RAC residential agriculture corrective. [The RAC District has been removed.] No applications to rezone property to this district will be heard by the Planning Commission or the Board of Commissioners, however other public hearing applications and development permits within those districts shall be accepted. Residential agriculture corrective status is a recognition of properties located within the residential agriculture (RA) district consisting of at least one and one-half acres, but less than five acres that were subdivided from larger R-A zoned parcels, without the benefit of an approved and recorded plat, in order to allow the building of a single-family thereon and other compatible uses as defined herein. Eligibility requirements. a. Parcels to be rezoned to administratively designated as Residential Agriculture Corrective status shall be a minimum of one and one-half acres and less than five acres. ---PAGE BREAK--- 41 b. Parcels must have been zoned R-A as of August 6, 2020. c. To be eligible for the residential agriculture corrective designation a parcel must have been created prior to August 6, 2020. Prohibited uses. a. Any principal use not shown on Table 3.1 as allowed in a zoning district, whether by right or with approval as a special use, is specifically prohibited. b. All uses other than for single-family residential purposes or such uses that are compatible and approved accessory uses are expressly prohibited. c. The use of an accessory building for a home occupation is prohibited on properties less than three acres in size. d. Non dwelling type structures shall not be connected to utilities and used as a dwelling. Non dwelling structures include, but are not limited to: campers, travel trailers, recreational vehicles, motor homes, busses, boats, storage buildings, shipping containers, and tiny houses. A tiny house is a product that does not meet the residential code standards of a conventional, site-built residence. and utility buildings. Sec. 121-34. - Entertainment Overlay District. The purpose of the Entertainment Overlay District is to encourage entertainment, retail, restaurant, and other regional activity center retail and restaurant uses within a defined commercial area of Dawson County. The district is intended to create an opportunity to offer a variety of amenities to the public and visitors in a single physical location, promoting pedestrian use. Organized entertainment. Notwithstanding anything to the contrary in the underlying land use district regulations, artistic performances and other forms of organized entertainment are allowed within the entertainment overlay district, subject to all applicable provisions of the Dawson County Code, including, but not limited to, land use, health, safety, and alcohol regulations. A county special event permit shall be required per standards of Section 34-31 and issued by the Dawson County Community Development Department. Such activities shall be limited to walkways or interior areas and are prohibited in a parking lot. Signs. In the Entertainment Overlay District, the maximum number of wall signs allowed per tenant space shall be three Freestanding signs shall have a monument base of masonry. The maximum number of freestanding signs shall be five Freestanding signs shall be no taller than 25 feet and shall have a maximum sign area of 400 square feet. Signs placed in the public road right-of-way shall be prohibited and shall be subject to immediate removal. Special use. In the Entertainment Overlay District, if a proposal does not meet the development standards (setbacks, height maximum, etc.) or use limitations of the underlying land use district, an applicant may apply for a special use application. Prior to submittal of a special use application, the applicant must submit a concept site plan completed by a civil engineer to the Community Development Director or his or her designee, who shall schedule a pre-application meeting to obtain input from applicable department representatives (GDOT, public works, fire, utilities). Sec. 121-59. - RT residential town. ---PAGE BREAK--- 42 Residential town districts are areas where urbanized single-family residential growth occurs surrounding the city limits of Dawsonville. These areas are typified by small lot single-family construction with access to public water and sewer. Multi-family use (apartments, townhomes, condos, duplexes, triplexes, quadplexes) is prohibited in the RT district. The RT district development standards shall apply to any development that has not obtained a land disturbance permit or building permit at the time of adoption of this ordinance, September 18, 2025, with the exception of zoning conditions and/or variances that may apply to previously approved applications. For any RT developments or properties for which permitting was obtained prior to this date, the applicable code standards for the district as of the date of initial permitting shall apply. Development standards for the RT district are: • Minimum development size: 50 acres. • Max density: three dwelling units per gross acre • Minimum lot size: 12,000 sqft; development must be served by sewer. This standard cannot be varied. • Minimum lot width: 100 ft. Lot width variances are discouraged and shall be reviewed based on the variance criteria of section 121-269. A request to reduce the lot width by more than 25% shall be prohibited. • Minimum lot depth: 100 ft • Max height: 35 ft • Setbacks from property lines: 25 ft front and rear, 10 ft sides. Setback variances are discouraged and shall be reviewed based on the variance criteria of section 121-269. A request to reduce the setback by more than 25% shall be prohibited. No setback is required from U.S. Army Corps of Engineers line on Lake Lanier Government Line. • Minimum heated floor area per dwelling unit: 1,200 sqft heated area. This standard cannot be varied. • Minimum 30% of the gross acreage in a development of 50 or more residential lots shall be open space / greenspace and shall be shown and noted on all plans. Parking lots, streets, setback areas, stormwater control measures shall not count towards this requirement. Open space / greenspace areas shall be minimum 50 ft in width and shall not be part of the residential lots. An amenity tract shall be located in an area readily accessible to residents. At least one significant amenity feature (sport court, playground, walking trail, pool, etc.) or two smaller amenities (gazebo, fire pit, pergola, etc.) shall be shown and noted on the site plan. Proposed amenities may include walking trails, water features, pedestrian plazas, playground equipment, and other recreational facilities. Parking lots, streets, setback areas, stormwater control measures, and detention facilities shall not count toward the open space requirement. • Landscaping: for developments of 50 or more residential lots, the developer shall provide a landscape plan as part of the civil plans which includes native species trees, shrubs, and/or bushes showing and noting the types of landscaping, including type of ground cover to be used, in common spaces such as the amenities area, mail kiosk area, development entrance, etc. • Buffers: minimum 50 ft vegetation buffer shall be required around the entire perimeter of a development of 50 or more residential lots. Where no natural vegetation exists, a staggered, off-setting row of native, evergreen screening trees eight feet in height at time of planting shall be installed one tree per 20 linear feet around the perimeter of the development. Buffers shall not be a part of the residential lots. Buffers shall be undisturbed unless utilities or access crossings are required – said crossings shall be perpendicular to the buffers. Retaining walls and detention ponds shall not be allowed in the buffer. • Traffic Impact Study: A traffic impact study shall be submitted to the Community Development Director or his or her designee for review prior to submittal of a rezoning or special use application; or prior to submittal of civil (construction) plans for any of the following: ---PAGE BREAK--- 43 1. Large scale developments which meet or exceed the thresholds of a Development of Regional Impact as defined by the Georgia Department of Community Affairs; or 2. Project includes 100 or more residential dwelling units. The traffic impact study shall be prepared, signed, and sealed by a registered professional engineer. Applicable documents used in the review of submitted traffic studies may include, but not be limited to, the Dawson County public works guide to traffic impact analysis and the current edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual. When a traffic impact study is required as part of a rezoning or special use application, the study shall be reviewed prior to the planning commission by a third-party engineer on behalf of the county. The review findings of the traffic impact study shall be included as part of the county staff analysis for review by the Planning Commission. The cost for the review of the traffic impact study by the third-party engineer shall be borne by the applicant. Permitted uses. a. Principal uses that are allowed by right or by special use approval are listed on Table 3.1. b. Restrictions that apply to particular uses allowed by right or special use approval are referenced on Table 3.1 and are contained in section 121-75 of this article. c. Allowed accessory uses are limited to private garages, swimming pools, home workshops, tennis courts, children's playhouses, small gardens, non-commercial greenhouses, and home offices that meet the requirements of this section and article VI, section 121-181. 1. Accessory structures must be constructed in conjunction with or after the principal building is constructed. 2. The height of the accessory structure shall not exceed the height of the principal building. 3. Accessory structures shall be no larger than 400 square feet in size. 4. Minimum setbacks for accessory structures: Front yard - 40 feet. Side yard - 10 feet. Rear yard - 10 feet for structures less than 200 square feet in size. Rear yard - 20 feet for structures over 200 square feet. Prohibited uses. a. Any principal use not shown on Table 3.1 as allowed in a zoning district, whether by right or with approval as a special use, is specifically prohibited. b. Horses are prohibited. c. Kennels for the breeding of any animal for sale are prohibited. ---PAGE BREAK--- 44 d. Swine are prohibited. e. Non dwelling type structures shall not be connected to utilities and used as a dwelling. Non dwelling structures include but are not limited to: campers, travel trailers, recreational vehicles, motor homes, busses, storage buildings, shipping containers, boats, and tiny houses. A tiny house is a residential product that does not comply with the residential code standards for a conventional site-built residence and utility buildings. f. Vinyl, metal, and EIFS stucco exterior wall cladding of any kind is prohibited. g. Non dwelling type structures shall not be connected to utilities and used as a dwelling. Non dwelling structures include but are not limited to: campers, travel trailers, recreational vehicles, motor homes, busses, and utility buildings. Exterior buffer. A minimum 20-foot-wide vegetation buffer shall be maintained where natural vegetation exists. Where no natural vegetation exists, a landscape strip with evergreen trees six feet in height at time of planting shall be installed and maintained around the entire perimeter of the original parcel along any public roadway. The buffer shall be delineated on the final plat and shall not be part of the individual lots. Lot design. a. As referenced on Table 129-59 A. b. Corner lots shall be a minimum of 90 feet in width and provide setbacks of 20 feet from each frontage. Driveway length. The setback for the garage door approach (the point where the vehicle accesses the garage) shall be a minimum of 35 22 feet from its access drive. The setback and driveway are designed to provide room for automobiles. Design standards. Building requirements—single family detached. For new developments of 25 or more residential lots, at least five exterior view house plans must be submitted to the Community Development Director or his or designee for review, approval, and use prior to issuance of final plat. The following standards shall be required: a. The entire front façade of homes, with the exception of windows, doors, and accent features, shall be masonry brick or stone. b. The first three feet in height of the sides and rear of residences shall consist of a masonry brick or stone water table. The remainder shall be a fiber-cement hardi-board product or similar appropriate product as approved by the community development director or his or her designee. Vinyl, EIFS stucco, and metal siding shall be prohibited. c. All sides of a residence must have at least one window. At least one window per side shall be a minimum of two ft in width by three ft in height. d. Each residence shall have a covered rear patio, porch, or deck. The covering as well as the concrete slab shall be a minimum of 14 ft in length and 10 ft in depth. a. No building in an RT district shall exceed two and one-half stories or 35 feet in height. ---PAGE BREAK--- 45 b. All single-family buildings, including accessory buildings, shall utilize at least two of the following design features to provide visual relief along the street frontage: 1.Dormers. 2.Recessed entries. 3.Cupolas. 4.Bay or bow windows. 5.Gables. 6.Covered porch entries. 7.Pillars or post. 8.Eaves (minimum six inches projection); or 9.Off-sets on building face or roof (minimum 16 inches). Pre-application meeting required; Community information and input meeting required. Prior to submittal of a rezoning or special use application for a development of 50 or more residential units, the applicant shall complete a pre-application meeting as well as a community information and input meeting per amendment standards of section 121-309. Building regulations—Townhouses. a. All townhome buildings shall provide detailed design along all elevations. Detailed design shall be provided by using as many of the following architectural features on all elevations as appropriate for the proposed building type and style (may vary features on rear/side/front elevations): 1.Dormers. 2.Gables. 3.Recessed entries. 4.Covered porch entries. 5.Cupolas or towers. 6.Pillars or post. 7.Off-sets in building face or roof (minimum 16 inches); 8.Balconies. ---PAGE BREAK--- 46 9.Decorative patterns on exterior finish scales/shingles, wainscoting, ornamentation, and similar features); 10.Decorative cornices and roof lines (for flat roofs). b.Foundation walls. Exposed foundation walls must be faced in brick, stone, or manufactured stone to the level of the first finished floor when there is a basement or at least 18 inches above grade for the entire perimeter wall when the building has a slab on grade. Delete Table 121-59 A Sec. 121-60. - RL residential lakefront. Residential lakefront districts are areas of single-family residential growth that continue to infill around Lake Lanier. These areas are typified by small lot single-family construction with access to public water and are found on, or extremely near, the lake shore. Substantial investment in permanent residences has been and will be made. Uses that will devalue investment and undermine environmental quality are prohibited. The RL district development standards shall apply to any development that has not obtained a land disturbance permit or building permit at the time of adoption of this ordinance, September 18, 2025, with the exception of zoning conditions and/or variances that may apply to previously approved applications. For any RL developments or properties for which permitting was obtained prior to this date, the applicable code standards for the district as of the date of initial permitting shall apply. Development standards for the RL district are: • Minimum lot size: 1.5 acre on septic and well; 1 acre on septic and public or private water system; 0.75 acre on sewer and public or private water system • Minimum public road frontage required: 50 ft; or if on a private road, minimum 30 ft wide access and utility easement from the proposed lot to the nearest public road shall be required. In the case of a minor plat (subdivide from 1 to 5 or fewer lots), the maximum number of lots allowed to use the same private drive shall be 5. • Minimum lot width: 100 ft. Lot width variances are discouraged and shall be reviewed based on the variance criteria of section 121-269. A request to reduce the lot width by more than 25% shall be prohibited. • Minimum lot depth: 100 ft • Max height: 35 ft • Setbacks from property lines: 25 ft front and rear, 10 ft sides. If a variance is requested, the maximum reduction possible is to reduce the front and rear setbacks to 15 ft; maximum reduction possible for side setbacks is to reduce to 7 ft. No setback is required from U.S. Army Corps of Engineers line on Lake Lanier Government Line. • Minimum heated floor area per dwelling unit: 800 sqft heated area. This standard cannot be varied. • Vinyl, metal, and EIFS stucco exterior wall cladding of any kind is prohibited. Permitted uses. a. Principal uses that are allowed by right or by special use approval are listed on Table 3.1. b. Restrictions that apply to particular uses allowed by right or by special use approval are referenced on Table 3.1 and are contained in section 121-75 of this article. ---PAGE BREAK--- 47 c. Allowed accessory uses are limited to private garages, private boat storage, swimming pools, home workshops, tennis courts, children's playhouses, small gardens, non-commercial greenhouses, and home offices that meet the requirements of this section and article VI, section 121-181. 1.Accessory structures must be constructed in conjunction with or after the principal building is constructed. 2. The height of the accessory structure shall not exceed the height of the principal building. 3.Accessory structures shall be no larger than the footprint of the primary structure or one-half the gross square footage, whichever is greater, with the exception that when the lot size is three acres or greater, the size of the accessory structure shall not be regulated in size but shall meet all setback requirements. 4. Minimum setbacks for accessory structures: Front yard – 50 ft 100 feet on parkways, 60 feet on state highways, 40 feet on others. Side yard - 10 feet; and Rear yard - 10 feet. Notwithstanding the foregoing setback requirements, no setbacks are required from the U.S. Army Corps of Engineers line on Lake Lanier. Front yard setback applies to all frontages. d. Pet fowl or birds may be kept in cages which shall meet all setback requirements. Prohibited uses. a. Any principal use not shown on Table 3.1 as allowed in a zoning district, whether by right or with approval as a special use, is specifically prohibited. b. Horses on lots less than three acres are prohibited. c. Stables housing horses other than those owned by the resident are prohibited. d. Kennels for the breeding of any animal for sale are prohibited. e. Swine are prohibited. f. The use of an accessory building for a home occupation is prohibited on parcels less than three acres in size. g. Non dwelling type structures shall not be connected to utilities and used as a dwelling. Non dwelling structures include but are not limited to campers, travel trailers, recreational vehicles, motor homes, busses, storage buildings, shipping containers, boats, and tiny houses. A tiny house is a residential product that does not comply with the residential code standards for a conventional site-built residence. and utility buildings. Building requirements. The minimum area, yard, principal building setback, and building requirements in the RL land use district are as set forth on Table 3.2, unless a variance is approved. ---PAGE BREAK--- 48 Pre-application meeting required; Community information and input meeting required. Prior to submittal of a rezoning or special use application for a development of 50 or more residential units, the applicant shall complete a pre-application meeting as well as a community information and input meeting per amendment standards of section 121-309. Sec. 121-61. - RS residential suburban. Residential suburban districts are areas where low density single-family residential growth occurs south and east of the Etowah River. These areas are typified by conventional subdivision development and suburban style, single-family, on-site construction that may not have access to public sewer. Uses that will devalue investment and undermine environmental quality are prohibited. The RS district development standards shall apply to any development that has not obtained a land disturbance permit or building permit at the time of adoption of this ordinance, September 18, 2025 with the exception of zoning conditions and/or variances that may apply to previously approved applications. For any RS developments or properties for which permitting was obtained prior to this date, the applicable code standards for the district as of the date of initial permitting shall apply. Development standards for the RS district are: • Minimum lot size: 1.5 acre on septic and well; 1 acre on septic and public or private water system; 0.75 acre on sewer and public or private water system • Minimum public road frontage required: 50 ft; or if on a private road, minimum 30 ft wide access and utility easement from the proposed lot to the nearest public road shall be required. In the case of a minor plat (subdivide from 1 to 5 or fewer lots), the maximum number of lots allowed to use the same private drive shall be 5. • Minimum lot width: 100 ft. Lot width variances are discouraged and shall be reviewed based on the variance criteria of section 121-269. A request to reduce the lot width by more than 25% shall be prohibited. • Minimum lot depth: 100 ft • Max height: 35 ft • Setbacks from property lines: 25 ft front and rear, 10 ft sides. Setback variances are discouraged and shall be reviewed based on the variance criteria of section 121-269. A request to reduce the setback by more than 25% shall be prohibited. No setback is required from U.S. Army Corps of Engineers line on Lake Lanier Government Line. • Minimum heated floor area per dwelling unit: 800 sqft heated area. This standard cannot be varied. • Vinyl, metal, and EIFS stucco exterior wall cladding of any kind is prohibited. • Driveway length. The setback for the garage door approach (the point where the vehicle accesses the garage) shall be a minimum of 35 feet from its access drive. The setback and driveway are designed to provide room for automobiles. • Traffic Impact Study: A traffic impact study, prepared by a registered professional engineer on behalf of the applicant, shall be submitted to the Community Development Director or his or her designee for review prior to submittal of a rezoning or special use application; or prior to submittal of civil (construction) plans for any of the following: Large scale developments which meet or exceed the thresholds of a Development of Regional Impact (DRI) as defined by the Georgia Department of Community Affairs; or Project includes 100 or more residential dwelling units. The traffic impact study shall be prepared, signed, and sealed by a registered professional engineer. Applicable documents used in the review of submitted traffic studies may include, but not be limited ---PAGE BREAK--- 49 to, the Dawson County public works guide to traffic impact analysis and the current edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual. When a traffic impact study is required as part of a rezoning or special use application, the study shall be reviewed prior to the planning commission by a third-party engineer on behalf of the county. The review findings of the traffic impact study shall be included as part of the county staff analysis for review by the Planning Commission. The cost for the review of the traffic impact study by the third-party engineer shall be borne by the applicant. Permitted uses. a. Principal uses that are allowed by right or by special use approval are listed on Table 3.1. b. Restrictions that apply to particular uses allowed by right or special use approval are referenced on Table 3.1 and are contained in section 121-75 of this article. c. Allowed accessory uses are limited to private garages, swimming pools, home workshops, tennis courts, children's playhouses, small gardens, non-commercial greenhouses, and home offices that meet the requirements of this section and article VI, section 121-181. 1. Accessory structures must be constructed in conjunction with or after the principal building is constructed. 2. The height of the accessory structure shall not exceed the height of the principal building. 3. Accessory structures shall be no larger than the footprint of the primary structure or one-half the gross square footage, whichever is greater, with the exception that when the lot size is three acres or greater, the size of the accessory structure shall not be regulated in size but shall meet all setback requirements. 4. Pet fowl or birds may be kept in cages which shall meet all setback requirements. 5. Minimum setbacks for accessory structures: Front yard - 40 feet. Side yard - 10 feet. Rear yard - 10 feet. Prohibited uses. a. Any principal use not shown on Table 3.1 as allowed in a zoning district, whether by right or with approval as a special use, is specifically prohibited. b. Horses are prohibited on parcels less than three acres in size. c. Kennels for the breeding of any animal for sale are prohibited. d. Swine are prohibited. ---PAGE BREAK--- 50 e. The use of an accessory building for a home occupation on parcels less than three acres in size. f. Non dwelling type structures shall not be connected to utilities and used as a dwelling. Non dwelling structures include but are not limited to campers, travel trailers, recreational vehicles, motor homes, busses, storage buildings, shipping containers, boats, and tiny houses. A tiny house is a residential product that does not comply with the residential code standards for a conventional site-built residence. and utility buildings. Building requirements. The minimum area, yard, principal building setback, and building requirements in the RS land use district are as set forth on Table 3.2, unless a variance is approved. One accessory dwelling unit (ADU) (guest quarters, caretaker/employee residence, guest house, pool house) is allowed per parcel in accordance with the following: a) The ADU must be located on the same parcel as the main/primary/principle residence. The ADU may be located in the front, side or rear yards. Required setbacks shall be 100 feet from the front property line, 25 feet from the side property lines, and 25 feet from the rear property line. There must be at least 10 ft separation between the ADU and the primary residence. b) The ADU must be constructed in conjunction with or after the primary residence is constructed. c) The ADU must be a conventional site-built residence. An ADU cannot be a manufactured home, storage building, shipping containers, boats, or tiny house. A tiny house is a residential product that does not comply with the residential code standards for a conventional site-built residence. d) The height of the ADU shall not exceed the height of the primary residence. e) The ADU must have a separate address for public safety purposes and shall be served by separate utilities than the primary residence. f) At least one of the residences (principle residence or ADU) must be owner-occupied full-time. g) The ADU must be minimum 400 square feet heated space. Pre-application meeting required; Community information and input meeting required. Prior to submittal of a rezoning or special use application for a development of 50 or more residential units, the applicant shall complete a pre-application meeting as well as a community information and input meeting per amendment standards of section 121-309. Sec. 121-62. - RS-2 residential suburban. RS-2 residential suburban districts are areas where low density single-family residential growth with access to public sewer occurs south and east of the Etowah River. These areas are typified by conventional subdivision development and suburban style, single-family, on-site construction. The RS-2 district development standards shall apply to any development that has not obtained a land disturbance permit or building permit at the time of adoption of this ordinance, September 18, 2025 with the exception of zoning conditions and/or variances that may apply to previously approved applications. For any RS-2 developments or properties for which permitting was obtained prior to this date, the applicable code standards for the district as of the date of initial permitting shall apply. Development standards for the RS-2 district are: • Minimum development size: 50 acres. • Max density: two dwelling units per gross acre • Minimum lot size: 15,000 sqft; development must be served by sewer. This standard cannot be varied. ---PAGE BREAK--- 51 • Minimum lot width: 100 ft. Lot width variances are discouraged and shall be reviewed based on the variance criteria of section 121-269. A request to reduce the lot width by more than 25% shall be prohibited. • Minimum lot depth: 100 ft • Max height: 35 ft • Setbacks from property lines: 25 ft front and rear, 10 ft sides. Setback variances are discouraged and shall be reviewed based on the variance criteria of section 121-269. A request to reduce the setback by more than 25% shall be prohibited. No setback is required from U.S. Army Corps of Engineers line on Lake Lanier Government Line. • Minimum heated floor area per dwelling unit: 1,200 sqft heated area. This standard cannot be varied. • Driveway length. The setback for the garage door approach (the point where the vehicle accesses the garage) shall be a minimum of 35 feet from its access drive. The setback and driveway are designed to provide room for automobiles. • Minimum 30% of the gross acreage in a development of 50 or more residential lots shall be open space / greenspace and shall be shown and noted on all plans. Parking lots, streets, setback areas, stormwater control measures shall not count towards this requirement. Open space / greenspace areas shall be minimum 50 ft in width and shall not be part of the residential lots. An amenity tract shall be located in an area readily accessible to residents. At least one significant amenity feature (sport court, playground, walking trail, pool, etc.) or two smaller amenities (gazebo, fire pit, pergola, etc.) shall be shown and noted on the site plan. Proposed amenities may include walking trails, water features, pedestrian plazas, playground equipment, and other recreational facilities. Parking lots, streets, setback areas, stormwater control measures, and detention facilities shall not count toward the open space requirement. • Landscaping: for developments of 50 or more residential lots, the developer shall provide a landscape plan as part of the civil plans which includes native species trees, shrubs, and/or bushes showing and noting the types of landscaping, including type of ground cover to be used, in common spaces such as the amenities area, mail kiosk area, development entrance, etc. • Buffers: minimum 50 ft vegetation buffer shall be required around the entire perimeter of a development of 50 or more residential lots. Where no natural vegetation exists, a staggered, off-setting row of native, evergreen screening trees eight feet in height at time of planting shall be installed one tree per 20 linear feet around the perimeter of the development. Buffers shall not be a part of the residential lots. Buffers shall be undisturbed unless utilities or access crossings are required – said crossings shall be perpendicular to the buffers. Retaining walls and detention ponds shall not be allowed in the buffer. • Traffic Impact Study: A traffic impact study, prepared by a registered professional engineer on behalf of the applicant, shall be submitted to the Community Development Director or his or her designee for review prior to submittal of a rezoning or special use application; or prior to submittal of civil (construction) plans for any of the following: Large scale developments which meet or exceed the thresholds of a Development of Regional Impact (DRI) as defined by the Georgia Department of Community Affairs; or Project includes 100 or more residential dwelling units. The traffic impact study shall be prepared, signed, and sealed by a registered professional engineer. Applicable documents used in the review of submitted traffic studies may include, but not be limited to, the Dawson County public works guide to traffic impact analysis and the current edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual. When a traffic impact study is required as part of a rezoning or special use application, the study shall be reviewed prior to the planning commission by a third-party engineer on behalf of the county. The review findings of the traffic impact study shall be included as part of the county staff analysis for review by the Planning ---PAGE BREAK--- 52 Commission. The cost for the review of the traffic impact study by the third-party engineer shall be borne by the applicant. Permitted uses. a. Principal uses that are allowed by right or by special use approval are listed on Table 3.1. b. Restrictions that apply to particular uses allowed by right or special use approval are referenced on Table 3.1 and are contained in section 121-75 of this article. c. Allowed accessory uses include private garages, swimming pools, home workshops, tennis courts, children's playhouses, small gardens, non-commercial greenhouses, and home offices that meet the requirements of this section and article VI, section 121-181. 1. Accessory structures must be constructed in conjunction with or after the principal building is constructed. 2. The height of the accessory structure shall not exceed the height of the principal building. 3. Accessory structures shall be no larger than the footprint of the primary structure or one-half the gross square footage, whichever is greater. 4. Pet fowl or birds may be kept in cages that shall meet all setback requirements. 5. Minimum setbacks for accessory structures: Front yard - 40 feet. Side yard - 10 feet. Rear yard - 10 feet. Prohibited uses. a. Any principal use not shown on Table 3.1 as allowed in a zoning district, whether by right or with approval as a special use, is specifically prohibited. b. Horses are prohibited. c. Kennels for the breeding of any animal for sale are prohibited. d. Swine are prohibited. e. The use of an accessory building for a home occupation is prohibited. f. Non dwelling type structures shall not be connected to utilities and used as a dwelling. Non dwelling structures include but are not limited to campers, travel trailers, recreational vehicles, motor homes, busses, storage buildings, shipping containers, boats, and tiny houses. A tiny house is a residential product that does not comply with the residential code standards for a conventional site-built residence. and utility buildings. ---PAGE BREAK--- 53 Building requirements. The minimum area, yard, principal building setback, and building requirements in the RS-2 land use district are as set forth on Table 3.2, unless a variance is approved. Density standards refer to net density or net buildable area, which excludes wetlands, state waters, constrained lands, and water bodies. Design standards. For new developments of 25 or more residential lots, at least five exterior view house plans must be submitted to the Community Development Director or his or designee to be reviewed, approved, and used prior to issuance of final plat. The following standards shall be required: a) The entire front façade of homes, with the exception of windows, doors, and accent features, shall be masonry brick or stone. b) The first three feet in height of the sides and rear of residences shall consist of a masonry brick or stone water table. The remainder shall be a fiber-cement hardi-board product or similar appropriate product as approved by the community development director or his or her designee. Vinyl, EIFS stucco, and metal siding shall be prohibited. c) All sides of a residence must have at least one window. At least one window per side shall be a minimum of two ft in width by three ft in height. d) Each residence shall have a covered rear patio, porch, or deck. The covering as well as the concrete slab shall be a minimum of 14 ft in length and 10 ft in depth. Pre-application meeting required; Community information and input meeting required. Prior to submittal of a rezoning or special use application for a development of 50 or more residential units, the applicant shall complete a pre-application meeting as well as a community information and input meeting per amendment standards of section 121-309. Sec. 121-63. - RS-3 residential suburban. [The RS-3 District has been removed.] No applications to rezone property to this district will be heard by the Planning Commission or the Board of Commissioners, however other public hearing applications and development permits within those districts shall be accepted. RS-3 residential suburban districts are areas where moderate density single-family residential growth with access to public sewer occurs south and east of the Etowah River. These areas are typified by conventional subdivision development and suburban style, single-family, on-site construction. The RS-3 district development standards shall apply to any development that has not obtained a land disturbance permit or building permit at the time of adoption of this ordinance, September 18, 2025 with the exception of zoning conditions and/or variances that may apply to previously approved applications. For any RS-3 developments or properties for which permitting was obtained prior to this date, the applicable code standards for the district as of the date of initial permitting shall apply. Development standards for the RS-3 district are: • Minimum development size: 50 acres. • Max density: three dwelling units per gross acre • Minimum lot size: 12,000 sqft; development must be served by sewer. This standard cannot be varied. • Minimum lot width: 75 ft. Lot width variances are discouraged and shall be reviewed based on the variance criteria of section 121-269. A request to reduce the lot width by more than 25% shall be prohibited. ---PAGE BREAK--- 54 • Minimum lot depth: 100 ft • Max height: 35 ft • Setbacks from property lines: 25 ft front and rear, 10 ft sides. Setback variances are discouraged and shall be reviewed based on the variance criteria of section 121-269. A request to reduce the setback by more than 25% shall be prohibited. No setback is required from U.S. Army Corps of Engineers line on Lake Lanier Government Line. • Minimum heated floor area per dwelling unit: 1,200 sqft heated area. This standard cannot be varied. • Driveway length. The setback for the garage door approach (the point where the vehicle accesses the garage) shall be a minimum of 35 feet from its access drive. The setback and driveway are designed to provide room for automobiles. • Minimum 30% of the gross acreage in a development of 50 or more residential lots shall be open space / greenspace and shall be shown and noted on all plans. Parking lots, streets, setback areas, stormwater control measures shall not count towards this requirement. Open space / greenspace areas shall be minimum 50 ft in width and shall not be part of the residential lots. An amenity tract shall be located in an area readily accessible to residents. At least one significant amenity feature (sport court, playground, walking trail, pool, etc.) or two smaller amenities (gazebo, fire pit, pergola, etc.) shall be shown and noted on the site plan. Proposed amenities may include walking trails, water features, pedestrian plazas, playground equipment, and other recreational facilities. Parking lots, streets, setback areas, stormwater control measures, and detention facilities shall not count toward the open space requirement. • Landscaping: for developments of 50 or more residential lots, the developer shall provide a landscape plan as part of the civil plans which includes native species trees, shrubs, and/or bushes showing and noting the types of landscaping, including type of ground cover to be used, in common spaces such as the amenities area, mail kiosk area, development entrance, etc. • Buffers: minimum 50 ft vegetation buffer shall be required around the entire perimeter of a development of 50 or more residential lots. Where no natural vegetation exists, a staggered, off- settingrow of native, evergreen screening trees eight feet in height at time of planting shall be installed one tree per 20 linear feet around the perimeter of the development. Buffers shall not be a part of the residential lots. Buffers shall be undisturbed unless utilities or access crossings are required – said crossings shall be perpendicular to the buffers. Retaining walls and detention ponds shall not be allowed in the buffer. • Traffic Impact Study: A traffic impact study shall be submitted to the Community Development Director or his or her designee for review prior to submittal of a rezoning or special use application; or prior to submittal of civil (construction) plans for any of the following: Large scale developments which meet or exceed the thresholds of a Development of Regional Impact as defined by the Georgia Department of Community Affairs; or Project includes 100 or more residential dwelling units. The traffic impact study shall be prepared, signed, and sealed by a registered professional engineer. Applicable documents used in the review of submitted traffic studies may include, but not be limited to, the Dawson County public works guide to traffic impact analysis and the current edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual. When a traffic impact study is required as part of a rezoning or special use application, the study shall be reviewed prior to the planning commission by a third-party engineer on behalf of the county. The review findings of the traffic impact study shall be included as part of the county staff analysis for review by the Planning Commission. The cost for the review of the traffic impact study by the third-party engineer shall be borne by the applicant. Permitted uses. ---PAGE BREAK--- 55 a. Principal uses that are allowed by right or by special use approval are listed on Table 3.1. b. Restrictions that apply to particular uses allowed by right or special use approval are referenced on Table 3.1 and are contained in section 121-75 of this article. c. Allowed accessory uses are limited to private garages, swimming pools, home workshops, tennis courts, children's play houses, small gardens, non-commercial greenhouses, and home offices that meet the requirements of this section and article VI, section 121-181. 1. Accessory structures must be constructed in conjunction with or after the principal building is constructed. 2. The height of the accessory structure shall not exceed the height of the principal building. 3. Accessory structures shall be no larger than the footprint of the primary structure or one-half the gross square footage, whichever is greater. 4. Minimum setbacks for accessory structures: Front yard - 40 feet. Side yard - 10 5 feet; and Rear yard - 10 feet. d. Pet fowl or birds may be kept in cages that shall meet all setback requirements. Prohibited uses. a. Any principal use not shown on Table 3.1 as allowed in a zoning district, whether by right or with approval as a special use, is specifically prohibited. b. Horses are prohibited. c. Kennels for the breeding of any animal for sale are prohibited. d. Swine are prohibited. e. The use of an accessory building for a home occupation is prohibited. f. Non dwelling type structures shall not be connected to utilities and used as a dwelling. Non dwelling structures include but are not limited to campers, travel trailers, recreational vehicles, motor homes, busses, storage buildings, shipping containers, boats, and tiny houses. A tiny house is a residential product that does not comply with the residential code standards for a conventional site-built residence. and utility buildings. Building requirements. The minimum area, yard, principal building setback, and building requirements in the RS-3 Land Use District are as set forth on Table 3.2, unless a variance is approved. Density standards refer to net density or net buildable area, which excludes state waters, wetlands, constrained lands, and water bodies. ---PAGE BREAK--- 56 Design standards. For new developments of 25 or more residential lots, at least five exterior view house plans must be submitted to the Community Development Director or his or designee to be reviewed, approved, and used prior to issuance of final plat. The following standards shall be required: a) The entire front façade of homes, with the exception of windows, doors, and accent features, shall be masonry brick or stone. b) The first three feet in height of the sides and rear of residences shall consist of a masonry brick or stone water table. The remainder shall be a fiber-cement hardi-board product or similar appropriate product as approved by the Community Development Director or his or her designee. Vinyl, EIFS stucco, and metal siding shall be prohibited. c) All sides of a residence must have at least one window. At least one window per side shall be a minimum of two ft in width by three ft in height. d) Each residence shall have a covered rear patio, porch, or deck. The covering as well as the concrete slab shall be a minimum of 14 ft in length and 10 ft in depth. Pre-application meeting required; Community information and input meeting required. Prior to submittal of a rezoning or special use application for a development of 50 or more residential units, the applicant shall complete a pre-application meeting as well as a community information and input meeting per amendment standards of section 121-309. Sec. 121-64. - RSR residential sub-rural. Residential sub-rural districts are areas where substantial investment in permanent residences has been and will be made. Uses that will devalue investment and undermine environmental quality are prohibited. The size of lots should be large with a pleasing environment and should be located away from intensive or commercial development. The RSR district development standards shall apply to any development that has not obtained a land disturbance permit or building permit at the time of adoption of this ordinance, September 18, 2025 with the exception of zoning conditions and/or variances that may apply to previously approved applications. For any RSR developments or properties for which permitting was obtained prior to this date, the applicable code standards for the district as of the date of initial permitting shall apply. Development standards for the RSR district are: • Minimum lot size: 1.5 acre on septic and well water; 1 acre on septic and public or private water; 0.75 acre on sewer. This standard cannot be varied. • Minimum public road frontage required: 50 ft; or if on a private road, minimum 30 ft wide access and utility easement from the proposed lot to the nearest public road shall be required. In the case of a minor plat (subdivide from 1 to 5 or fewer lots), the maximum number of lots allowed to use the same private drive shall be 5. • Minimum lot width: 100 ft. Lot width variances are discouraged and shall be reviewed based on the variance criteria of section 121-269. A request to reduce the lot width by more than 25% shall be prohibited. • Minimum lot depth: 100 ft • Max height: 35 ft • Setbacks from property lines: 25 ft front and rear, 10 ft sides. Setback variances are discouraged and shall be reviewed based on the variance criteria of section 121-269. A request to reduce the setback by ---PAGE BREAK--- 57 more than 25% shall be prohibited. No setback is required from U.S. Army Corps of Engineers line on Lake Lanier Government Line. • Minimum heated floor area per dwelling unit: 1,200 sqft heated area. This standard cannot be varied. • Vinyl, metal, and EIFS stucco exterior wall cladding of any kind is prohibited. • Driveway length. The setback for the garage door approach (the point where the vehicle accesses the garage) shall be a minimum of 35 feet from its access drive. The setback and driveway are designed to provide room for automobiles. • Traffic Impact Study: A traffic impact study shall be submitted to the Community Development Director or his or her designee for review prior to submittal of a rezoning or special use application; or prior to submittal of civil (construction) plans for any of the following: Large scale developments which meet or exceed the thresholds of a Development of Regional Impact as defined by the Georgia Department of Community Affairs; or Project includes 100 or more residential dwelling units. The traffic impact study shall be prepared, signed, and sealed by a registered professional engineer. Applicable documents used in the review of submitted traffic studies may include, but not be limited to, the Dawson County public works guide to traffic impact analysis and the current edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual. When a traffic impact study is required as part of a rezoning or special use application, the study shall be reviewed prior to the planning commission by a third-party engineer on behalf of the county. The review findings of the traffic impact study shall be included as part of the county staff analysis for review by the Planning Commission. The cost for the review of the traffic impact study by the third-party engineer shall be borne by the applicant. Permitted uses. a. Principal uses that are allowed by right or by special use approval are listed on Table 3.1. b. Restrictions that apply to particular uses allowed by right or special use approval are referenced on Table 3.1 and are contained in section 121-75 of this article. c. Allowed accessory uses are limited to private garages, swimming pools, home workshops, tennis courts, children's playhouses, small gardens, non-commercial greenhouses, and home offices that meet the requirements of this section and article VI, section 121-181. 1. Accessory structures must be constructed in conjunction with or after the principal building is constructed. 2. The height of the accessory structure shall not exceed the height of the principal building. 3. Accessory structures shall be no larger than the footprint of the primary structure or one-half the gross square footage, whichever is greater, with the exception that when the lot size is three acres or greater, the size of the accessory structure shall not be regulated in size but shall meet all setback requirements. 4. Minimum setbacks for accessory structures: Front yard – 50 feet 100 feet on parkways, 60 feet on state highways, 40 feet on others. Side yard - 10 feet; and ---PAGE BREAK--- 58 Rear yard - 10 feet. d. Pet fowl or birds may be kept in cages that shall meet all setback requirements. Prohibited uses. a. Any principal use not shown on Table 3.1 as allowed in a zoning district, whether by right or with approval as a special use, is specifically prohibited. b. Manufactured, or relocated, or temporary housing is prohibited on lots less than five acres in size. c. Kennels for the breeding of any animal for sale are prohibited. d. No swine are allowed. e. Horses are prohibited on lots less than three acres. f. The use of an accessory building for a home occupation is prohibited on parcels less than three acres in size. g. Non dwelling type structures shall not be connected to utilities and used as a dwelling. Non dwelling structures include but are not limited to campers, travel trailers, recreational vehicles, motor homes, busses, storage buildings, shipping containers, boats, and tiny houses. A tiny house is a residential product that does not comply with the residential code standards for a conventional site-built residence. and utility buildings. Building requirements. The minimum area, yard, principal building setback, and building requirements in the RSR land use district are as set forth on Table 3.2, unless a variance is approved. Density standards refer to net density or net buildable area, which excludes wetlands, state waters, constrained lands, and water bodies. One accessory dwelling unit (ADU) (guest quarters, caretaker/employee residence, guest house, pool house) is allowed per parcel in accordance with the following: a) The ADU must be located on the same parcel as the main/primary/principle residence. The ADU may be located in the front, side or rear yards. Required setbacks shall be 100 feet from the front property line, 25 feet from the side property lines, and 25 feet from the rear property line. There must be at least 10 ft separation between the ADU and the primary residence. b) The ADU must be constructed in conjunction with or after the primary residence is constructed. c) The ADU must be a conventional site-built residence. An ADU cannot be a manufactured home, storage building, shipping containers, boats, or tiny house. A tiny house is a residential product that does not comply with the residential code standards for a conventional site-built residence. d) The height of the ADU shall not exceed the height of the primary residence. e) The ADU must have a separate address for public safety purposes and shall be served by separate utilities than the primary residence. f) At least one of the residences (principle residence or ADU) must be owner-occupied full-time. g) The ADU must be minimum 400 square feet heated space. Pre-application meeting required; Community information and input meeting required. ---PAGE BREAK--- 59 Prior to submittal of a rezoning or special use application for a development of 50 or more residential units, the applicant shall complete a pre-application meeting as well as a community information and input meeting per amendment standards of section 121-309. Sec. 121-65. - residential sub-rural manufactured/moved. Residential sub-rural manufactured/moved districts are the same as RSR districts except that manufactured housing and houses moved from other locations are permitted. The district development standards shall apply to any development that has not obtained a land disturbance permit or building permit at the time of adoption of this ordinance, September 18, 2025 with the exception of zoning conditions and/or variances that may apply to previously approved applications. For any developments or properties for which permitting was obtained prior to this date, the applicable code standards for the district as of the date of initial permitting shall apply. Development standards for the district are: • Minimum lot size: 1.5 acre on septic and well water; 1 acre on septic and public or private water; 0.75 acre on sewer. This standard cannot be varied. All proposals to subdivide land shall meet the minimum lot size requirement. • Minimum public road frontage required: 50 ft; or if on a private road, minimum 30 ft wide access and utility easement from the proposed lot to the nearest public road shall be required. In the case of a minor plat (subdivide from 1 to 5 or fewer lots), the maximum number of lots allowed to use the same private drive shall be 5. • Minimum lot width: 100 ft. Lot width variances are discouraged and shall be reviewed based on the variance criteria of section 121-269. A request to reduce the lot width by more than 25% shall be prohibited. • Minimum lot depth: 100 ft • Max height: 35 ft • Setbacks from property lines: 25 ft front and rear, 10 ft sides. Setback variances are discouraged and shall be reviewed based on the variance criteria of section 121-269. A request to reduce the setback by more than 25% shall be prohibited. No setback is required from U.S. Army Corps of Engineers line on Lake Lanier Government Line. • Minimum heated floor area per dwelling unit: 800 sqft heated area. This standard cannot be varied. • Driveway length. The setback for the garage door approach (the point where the vehicle accesses the garage) shall be a minimum of 35 feet from its access drive. The setback and driveway are designed to provide room for automobiles. • Traffic Impact Study: A traffic impact study shall be submitted to the Community Development Director or his or her designee for review prior to submittal of a rezoning or special use application; or prior to submittal of civil (construction) plans for any of the following: Large scale developments which meet or exceed the thresholds of a Development of Regional Impact as defined by the Georgia Department of Community Affairs; or Project includes 100 or more residential dwelling units. The traffic impact study shall be prepared, signed, and sealed by a registered professional engineer. Applicable documents used in the review of submitted traffic studies may include, but not be limited to, the Dawson County public works guide to traffic impact analysis and the current edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual. When a traffic impact study is required as part of a rezoning or special use application, the study shall be reviewed prior to the planning commission by a third-party engineer on behalf of the county. The review findings of the traffic impact study shall be included as part of the county staff analysis for review by the Planning ---PAGE BREAK--- 60 Commission. The cost for the review of the traffic impact study by the third-party engineer shall be borne by the applicant. Permitted uses. a. Principal uses that are allowed by right or by special use approval are referenced on Table 3.1. b. Restrictions that apply to particular uses allowed by right or special use approval are referenced on Table 3.1 and are contained in section 121-75 of this article. c. Allowed accessory uses are limited to private garages, swimming pools, home workshops, tennis courts, children's playhouses, small gardens, non-commercial greenhouses, and home offices that meet the requirements of this section, and article VI, section 121-181. 1. Accessory structures must be constructed in conjunction with or after the principal building is constructed. 2. The height of the accessory structure shall not exceed the height of the principal building. 3. Accessory structures shall be no larger than the footprint of the primary structure or one-half the gross square footage, whichever is greater, with the exception that when the lot size is three acres or greater, the size of the accessory structure shall not be regulated in size but shall meet all setback requirements. 4. Minimum setbacks for accessory structures: Front yard - 40 feet. Side yard - 10 feet; and Rear yard - 10 feet. d. Pet fowl or birds may be kept in cages that shall meet all setback requirements. Prohibited uses. a. Any principal use not shown on Table 3.1 as allowed in a zoning district, whether by right or with approval as a special use, is specifically prohibited. b. The use of an accessory building for a home occupation is prohibited unless the lot is three acres or greater in size. c. Kennels for the breeding of any animal for sale are prohibited. d. Swine are prohibited. e. Horses are prohibited on lots less than three acres. f. Non dwelling type structures shall not be connected to utilities and used as a dwelling. Non dwelling structures include but are not limited to campers, travel trailers, recreational vehicles, motor homes, busses, ---PAGE BREAK--- 61 storage buildings, shipping containers, boats, and tiny houses. A tiny house is a residential product that does not comply with the residential code standards for a conventional site-built residence. and utility buildings. Building requirements. Unless a variance is approved, the minimum area, yard, principal building setback, and building requirements in the district are set forth in Table 3.2. Manufactured home compatibility standards. See chapter 105, building and building regulations. One accessory dwelling unit (ADU) (guest quarters, caretaker/employee residence, guest house, pool house) is allowed per parcel with a minimum lot size of one and one-half (1.5) acre in accordance with the following: 1. The ADU must be located on the same parcel as the main/primary/principle residence. The ADU may be located in the front, side or rear yards. Required setbacks shall be 100 feet from the front property line, 25 feet from the side property lines, and 25 feet from the rear property line. There must be at least 10 ft separation between the ADU and the primary residence. 2. The ADU must be constructed in conjunction with or after the primary residence is constructed. 3. The ADU must be a conventional site-built residence. An ADU cannot be a manufactured home, storage building, shipping containers, boats, or tiny house. A tiny house is a residential product that does not comply with the residential code standards for a conventional site-built residence. 4. The height of the ADU shall not exceed the height of the primary residence. 5. The ADU must have a separate address for public safety purposes and shall be served by separate utilities than the primary residence. 6. At least one of the residences (principle residence or ADU) must be owner-occupied full-time. 7. The ADU must be minimum 400 square feet heated space. Pre-application meeting required; Community information and input meeting required. Prior to submittal of a rezoning or special use application for a development of 50 or more residential units, the applicant shall complete a pre-application meeting as well as a community information and input meeting per amendment standards of section 121-309. Sec. 121-66. - RMF residential multi-family. Residential multi-family districts are intended to provide suitable land for a variety of dwelling types at densities up to six units per acre in areas served by public water and public sewer facilities. Mobile home parks are not included in this district. The RMF district development standards shall apply to any development that has not obtained a land disturbance permit or building permit at the time of adoption of this ordinance, September 18, 2025 with the exception of zoning conditions and/or variances that may apply to previously approved applications. For any RMF developments or properties for which permitting was obtained prior to this date, the applicable code standards for the district as of the date of initial permitting shall apply. Permitted uses. a. Principal uses that are allowed by right or by special use approval are listed on Table 3.1. b. Restrictions that apply to particular uses allowed by right or special use approval are referenced on Table 3.1 and are contained in section 121-75 of this article. ---PAGE BREAK--- 62 c. Allowed accessory uses are limited to mailbox kiosks, private laundry facilities, parking garages, waste receptacle loading areas, and private amenities. 1. Accessory uses must be located within the interior of the proposed development. Prohibited uses. a. Any principal use not shown on Table 3.1 as allowed in a zoning district, whether by right or with approval as a special use, is specifically prohibited. b. Vinyl, metal, and EIFS stucco exterior wall cladding of any kind are is prohibited. c. The use of an accessory building for a home occupation is prohibited. Development regulations. All apartment, duplex, triplex, quadplex, and townhouse developments shall conform to the following regulations: a. Site plan approval required. All multi-family developments including apartments, duplexes, triplex, quadplex, and townhouses require conceptual site plan approval by the planning commission in accordance with all procedures and requirements established by the county. b. All conceptual site plans submitted for a land use amendment shall, at a minimum, contain the following information: 1. Title of the proposed development. 2. The name, address, and telephone number of the architect, engineer or other designer of the proposed development. 3. Scale, date, north arrow, and general location map showing relationship of the site to streets or natural landmarks. 4. Boundaries of the subject property, all existing and proposed, streets, including right-of-way and street pavement widths. 5. Buildings; water courses; parking and loading areas; flood plain; storm water detention; open space, undisturbed open space, passive recreation, active recreation areas; and other physical characteristics, of the property and proposed development. 6. Building setbacks, buffers, landscape strips, and common areas. 7. Topographic contours at two feet intervals. 8. All accessory structure's locations delineated. 9. Streetscape plan delineating on-street parking; parallel parking and 90-degree parking may be incorporated to address parking demand, i.e., mail kiosks, school bus stops, and seasonal activities. ---PAGE BREAK--- 63 10. No multi-family development may be approved or constructed in whole or part without being served by both public water and public sewer facilities. c. Regulations. All condominium developments shall meet all applicable state laws, including the Georgia Condominium Act, as amended. d. Driveways and interior roads. 1. An interior road(s) serving any multi-family development shall be paved and include curb and gutter. Parking on interior roads is to be regulated by section 121-169, off-street parking and loading spaces. 2. Access from a street to an individual townhouse or residential unit shall be restricted to a driveway a minimum of 24 feet in length from the face of the unit to the curb or sidewalk; two such units may combine and share driveways along a common property line if the width of the common drive does not impact drainage. Side-by-side parking spaces between a street and a townhouse, duplex, triplex, or quadplex residence is not allowed. 3. Design criteria and standards not specifically set forth herein shall conform to the latest edition of the AASHTO policy on geometric design of highways and streets, as applicable. 4. Sidewalk minimum five feet in width shall be required along existing public road frontages and on at least one side of proposed interior roads. Sidewalks and pedestrian ways shall connect to streets and adjoining developments. e. Fire protection. 1. All multi-family developments shall be designed and constructed as required by local and state fire codes. 2. Roadway widths and design must comply with Fire Code access codes. f. Open space. 1. Each development shall have a minimum of 40 30 percent of the development's total land area as open space, i.e., pocket parks, tot lots, stream buffers, vegetative buffers, passive amenities, neighborhood greens, and community gardens. 2. A buffer of at least 50 20 feet in width shall be provided and maintained around the entire exterior perimeter of all apartments, condominium, duplex, triplex, quadplex, and townhouse developments. Utilization of existing native to Georgia trees and vegetation is appropriate for inclusion within the buffer, or when not found to screen the development, the buffer shall be supplemented with additional Georgia native landscaping and plantings. g. Service buildings. Subordinate accessory structures are permitted for maintenance, storage and other incidental uses supportive to the primary use of the property. Community service facilities and accessory structures are subject to site plan approval. Such structures may include, but are not limited to facility management offices, community laundry facilities mail kiosk covers, and indoor community recreation areas. Townhouse development regulations. ---PAGE BREAK--- 64 a. Lots. Each townhouse shall be located on its own lot of record. A minimum of 2,400 square feet in size. b. Minimum lot width. The minimum lot width for a townhouse shall be 24 feet. c. Frontage. The minimum frontage of the site for a townhouse development project on a public street shall be at least 100 feet. d. Setbacks for principal and accessory structures. 1. All units shall be a minimum of 22 feet from the front property line. 2. Driveway length. All units shall have a driveway that is a minimum of 24 feet from the face of the unit to the back of curb or sidewalk, whichever is more restrictive. 3. Between buildings, there shall be no less than a 20-foot separation. 4. A minimum 50-foot exterior setback from any adjoining parcel boundary is required. 5. The rear setbacks for lots not located on the exterior property boundary of the plat, shall be a minimum of 20 feet except where a rear entry garage, carport, or other parking area accessible from an alley is provided; then the setback shall be 20 feet measured from the alley curb or property line, whichever is greater. e. Building height. No townhouse building or structure shall exceed the height of 35 feet. f. Maximum units per building. No more than six townhouses shall be permitted to form any one single building. Any building containing more than three units with common walls must have the roof of each attached unit distinct from the other through separation or offsets in roof design. g. Minimum heated floor area. All units shall have a minimum heated floor area of 1,200 square feet. h. Maximum density. Townhouse developments shall not exceed a density of six units per acre. i. Foundation walls. Exposed foundation walls must be faced in brick, stone, or manufactured stone to the level of the first finished floor when there is a basement or at least 18 inches above grade for the entire perimeter wall when the building has a slab on grade. j. Enclosed Garage. All units shall include an enclosed garage a minimum of 400 square feet in size. k. Allowed accessory uses. Limited to swimming pools, home workshops, children's playhouses, storage buildings. 1.Accessory structures must be constructed in conjunction with or after the principal building is constructed. 2.The use of an accessory building for a home occupation is prohibited. 3.The height of the accessory structure shall not exceed the height of the principal building. ---PAGE BREAK--- 65 4.Accessory structures shall not exceed 300 square feet in size. l. To allow for a diversity of housing product within a neighborhood, up to 25 percent of the total units may be constructed as traditional single-family detached residential homes. m. Design standards. At least five exterior view plans must be submitted to the Community Development Director or his or designee to be reviewed, approved, and used prior to issuance of final plat or building permit. The following standards shall be required: 1. The entire front façade of units, with the exception of windows, doors, and accent features, shall be masonry brick or stone. 2. The first three feet in height of the sides and rear of residences shall consist of a masonry brick or stone water table. The remainder shall be a fiber-cement hardi-board product or similar appropriate product as approved by the Community Development Director or his or her designee. Vinyl, EIFS stucco, and metal siding shall be prohibited. 3. All sides of a residence must have at least one window. At least one window per side shall be a minimum of two ft in width by three ft in height. 4. Each townhome shall have a covered rear patio, porch, or deck. The covering as well as the concrete slab shall be a minimum of 14 ft in length and 10 ft in depth. Residential duplex, triplex, or quadplex development regulations. a. Minimum parcel size. Each development shall have a minimum parcel size of ten acres. b. Frontage. The minimum lot frontage on a public street for each duplex, triplex or quadplex development project shall be at least 60 feet. c. Setbacks. All developments shall have side setbacks a minimum of 20 feet and a minimum rear setback of 50 feet. d. Building height. No duplex, triplex and quadplex building or structure shall exceed the height of 35 feet. e. Maximum units per building. No more than four units shall be permitted to form any one single building. f. Minimum heated floor area. All units shall have a minimum heated floor area of 1,200 square feet. g. Maximum density. All developments shall not exceed a density of six units per acre. h. Design standards. At least five exterior view plans must be submitted to the Community Development Director or his or designee to be reviewed, approved, and used prior to issuance of final plat or building permit. The following standards shall be required: 1. The entire front façade of units, with the exception of windows, doors, and accent features, shall be masonry brick or stone. 2. The first three feet in height of the sides and rear of residences shall consist of a masonry brick or stone water table. The remainder shall be a fiber-cement hardi-board product or similar appropriate ---PAGE BREAK--- 66 product as approved by the Community Development Director or his or her designee. Vinyl, EIFS stucco, and metal siding shall be prohibited. 3. All sides of a residence must have at least one window, which shall be a minimum of two ft in width by three ft in height. 4. Each duplex, triplex, or quadplex shall have a covered rear patio, porch, or deck. The covering as well as the concrete slab shall be a minimum of 14 ft in length and 10 ft in depth. Apartment regulations. a. Minimum parcel size. Each apartment development shall have a minimum parcel size of ten acres. b. Access frontage. The minimum frontage for each development on a public street shall be at least 100 feet. c. Structure separation. Apartment buildings shall be constructed with a separation of at least 20 feet. d. Setbacks. All apartment developments shall have a minimum setback of 50 feet from all property lines. e. Building height. No apartment building or structure shall exceed the height of four stories or 50 feet whichever is the lesser. f. Minimum heated floor area. All units shall have minimum heated floor area of 1,200 square feet. g. Building facades. Apartment buildings shall use a mix of materials including brick, stone, cementitious siding, stucco/EIFS. Use of materials should vary and not exceed 50 percent of any one type per building side. Exterior view plans must be submitted to the community development director or his or her designed to be approved prior to issuance of building permits for all apartment buildings. The following standards shall be required: 1. At least fifty percent (50%) of all sides shall be masonry brick or stone. The remainder shall be a fiber-cement hardi-board product or similar appropriate product as approved by the community development director or his or her designee. Vinyl, EIFS stucco, and metal siding shall be prohibited. 2. Use of materials shall vary and not exceed fifty percent (50%) of any one type per building side. 3. All sides of an apartment building must have at least three windows, which shall be a minimum of two ft in width by three ft in height. h. Maximum density. All apartment developments shall not exceed a density of six units per acre. i. Exterior lighting. Full cutoff fixtures shall be required for all exterior lighting except for architectural lighting that adheres to the following: 1. Uplighting shall be shielded by a roof overhang or similar structural shield. 2. Luminaires shall be aimed to shield the lamp and its reflective surfaces from off-site view and to prevent light output beyond the building. 3. A licensed architect or engineer or a person holding a certification with CFLC (Smart Outdoor Lighting Alliance), CLC (American Lighting Association), CLD (International Association of Lighting Designers), or CLEP (Association of Energy Engineers) shall stamp or certify a prepared lighting plan that ensures that all exterior lighting adheres to design standards. ---PAGE BREAK--- 67 Pre-application meeting required; Community information and input meeting required. Prior to submittal of a rezoning or special use application for a development of 50 or more residential units, the applicant shall complete a pre-application meeting as well as a community information and input meeting per amendment standards of section 121-309. Traffic Impact Study. A traffic impact study shall be submitted to the Community Development Director or his or her designee for review prior to submittal of a rezoning or special use application; or prior to submittal of civil (construction) plans for any of the following: a) Large scale developments which meet or exceed the thresholds of a Development of Regional Impact as defined by the Georgia Department of Community Affairs; or b) Project includes 125 or more residential dwelling units. The traffic impact study shall be prepared, signed, and sealed by a registered professional engineer. Applicable documents used in the review of submitted traffic studies may include, but not be limited to, the Dawson County public works guide to traffic impact analysis and the current edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual. Sec. 121-67. - VCR vacation cottage restricted. [The VCR District has been removed.] No applications to rezone property to this district will be heard by the Planning Commission or the Board of Commissioners, however other public hearing applications and development permits within those districts shall be accepted. Vacation cottage restricted districts are areas where substantial investment in permanent residences has been and will be made. All land areas currently zoned VCR district shall abide by the following regulations: Permitted uses. a. Principle uses that are allowed by right or by special use approval are listed on Table 3.1. b. Restrictions that apply to particular uses allowed by right or special use approval are referenced on Table 3.1 and are contained in section 121-75 of this article. c. Allowed accessory structures are limited to private garages, swimming pools, home workshops, tennis courts, children's playhouses, small gardens, non-commercial greenhouses, and home offices that meet the requirements of this section and article VI, section 121-181. 1. Accessory structures must be constructed in conjunction with or after the principal building is constructed. 2. The height of the accessory structure shall not exceed the height of the principal building. 3. Accessory structures shall be no larger than the footprint of the primary structure or one-half the gross square footage, whichever is greater. d. Pet fowl or birds may be kept in cages that shall meet all setbacks. ---PAGE BREAK--- 68 Prohibited uses. a. Any principal use not shown on Table 3.1 as allowed in a zoning district, whether by right or with approval as a special use, is specifically prohibited. b. Kennels for the breeding of any animal for sale are prohibited. c. Swine are prohibited. d. Horses are prohibited on lots less than three acres. e. The use of an accessory building for a home occupation is prohibited on parcels less than three acres. f. Non dwelling type structures shall not be connected to utilities and used as a dwelling. Non dwelling structures include but are not limited to campers, travel trailers, recreational vehicles, motor homes, busses, storage buildings, shipping containers, boats, and tiny houses. A tiny house is a residential product that does not comply with the residential code standards for a conventional site-built residence. and utility buildings. Building requirements. The minimum requirements for the VCR land use district are: a. Minimum square footage for all residential structures in this district is 800 square feet (heated). b. Minimum lot size in the VCR district is 25,700 square feet if served by a septic tank and private, individual well; 20,000 square feet if served by an approved public water system as per Dawson County Environmental Health Department. A minimum lot size of 16,000 square feet if served by an approved public water system and an approved public sewerage system. All proposals to subdivide land shall meet the minimum lot size requirement. c. Minimum setbacks for principal structures: Front yard 35 feet 100 feet on parkways, 60 feet on state highways, 35 feet on others. Side yard - 15 feet. Rear yard - 20 feet. No setback is required from U.S. Army Corps of Engineers line on Lake Lanier Government Line. Notwithstanding the foregoing setback requirements, no setbacks are required from the U.S. Army Corps of Engineers line on Lake Lanier unless a road is involved. Front yard setback applies to all frontages on streets except for rear alleys. If a variance is requested, the maximum reduction possible is to reduce the front and rear setbacks to 15 ft; maximum reduction possible for side setbacks is to reduce to 7 ft. d. Minimum setbacks for accessory structures: Front yard 50 feet 100 feet on parkways, 60 feet on state highways, 40 feet on others. Side yard 10 feet; and Rear yard 10 feet. ---PAGE BREAK--- 69 e. Maximum building height is 35 feet. f. If a principal residential structure is located less than 15 feet from any property line, fire and building codes impose certain requirements. Sec. 121-68. - VC vacation cottage. [The VC district has been deleted from this chapter.] No applications to rezone property to this district will be heard by the Planning Commission or the Board of Commissioners, however other public hearing applications and development permits within those districts shall be accepted. All land areas currently zoned VC district shall abide by the following regulations: Permitted uses. a. Principal uses that are allowed by right or by special use approval are listed on Table 3.1. b. Restrictions that apply to particular uses allowed by right or special use approval are referenced on Table 3.1 and are contained in section 121-75 of this article. c. Allowed accessory uses are limited to private garages, swimming pools, home workshops, tennis courts, children's playhouses, small gardens, non-commercial greenhouses, and home offices that meet the requirements of this section and article VI, section 121-181. 1. Accessory structures must be constructed in conjunction with or after the principal building is constructed. 2. Accessory structures shall be no larger than the footprint of the primary structure or one-half the gross square footage, whichever is greater, with the exception that when the lot size is three acres or greater, the size of the accessory structure shall not be regulated in size but shall meet all setback requirements. 3. The height of the accessory structure shall not exceed the height of the principle building. d. Pet fowl or birds may be kept in cages that shall meet all setback requirements. Prohibited uses. a. Any principal use not shown on Table 3.1 as allowed in a zoning district, whether by right or with approval as a special use, is specifically prohibited. b. Kennels for the breeding of any animal for sale are prohibited. c. Swine are prohibited. d. Horses are prohibited on lots less than three acres. e. The use of an accessory building for a home occupation is prohibited on parcels less than three acres in size. ---PAGE BREAK--- 70 f. Non dwelling type structures shall not be connected to utilities and used as a dwelling. Non dwelling structures include but are not limited to campers, travel trailers, recreational vehicles, motor homes, busses, storage buildings, shipping containers, boats, and tiny houses. A tiny house is a residential product that does not comply with the residential code standards for a conventional site-built residence. and utility buildings. Building requirements. The minimum requirements for the VC land use district are: a. Minimum square footage for all residential structures in this district is 800 square feet (heated). Mobile/manufactured homes must comply with compatibility standards of chapter 105-72. b. Minimum lot size. 25,700 square feet if served by a septic tank and private, individual well; 20,000 square feet if served by an approved public water system as per Dawson County Environmental Health Department. A minimum lot size of; 16,000 square feet if served by an approved public water system and an approved public sewerage system. All proposals to subdivide land shall meet the minimum lot size requirement. c. Minimum setbacks for principal structures. Front yard 35 feet 100 feet on parkways, 60 feet on state highways, 35 feet on others; Side yard 10 feet. Rear yard 20 feet. No setback is required from U.S. Army Corps of Engineers line on Lake Lanier Government Line. Notwithstanding the foregoing setback requirements, no setbacks are required from U.S. Army Corps of Engineers line on Lake Lanier unless a road is involved. Front yard setback applies to all frontages on streets with the exception of rear alleys. If a variance is requested, the maximum reduction possible is to reduce the front and rear setbacks to 15 ft; maximum reduction possible for side setbacks is to reduce to 7 ft. d. Minimum setbacks for accessory structures: Front yard 50 feet 100 feet on parkways, 60 feet on state highways, 40 feet on others. Side yard 10 5 feet; and Rear yard 10 feet. e. Maximum building height is 35 feet. f. If a principal residential structure be located less than 15 feet from any property line, then fire and building codes impose certain requirements. Sec. 121-69. - RA residential agricultural/residential exurban. Residential agricultural/residential exurban districts are areas that consist of mainly larger parcels primarily agricultural in land use with residential or other use incidental to the agricultural use, or areas that are not under intensive development pressures. Agricultural uses range from farmsteads, pastures, horticulture, animal husbandry, poultry, and forestry, including intensively managed tree farms to non-managed woodlands. The conservation of prime agricultural and forestry resources from intensive development into ---PAGE BREAK--- 71 other uses is a primary objective of this classification and is encouraged. Some prime agricultural land is geographically located on land with constraints on residential or commercial development, such as steep forested slopes or river valley flood plains; therefore, careful consideration should be given to land use changes in those areas. These areas do not have existing public sanitary sewer facilities and are mainly accessed by rural roads. The RA district development standards shall apply to any development that has not obtained a land disturbance permit or building permit at the time of adoption of this ordinance, September 18, 2025 with the exception of zoning conditions and/or variances that may apply to previously approved applications. For any RA developments or properties for which permitting was obtained prior to this date, the applicable code standards for the district as of the date of initial permitting shall apply. Development standards for the RA district are: • Minimum lot size: 5 acres. This standard cannot be varied with the following exceptions. An existing lot/parcel at least 5 acres in size shall be eligible for the family density exception per Section 133-337. For all rural subdivisions proposed to be subdivided according to the minor subdivision plat specifications of Section 133-115, the minimum lot size shall be 12 acres. • Minimum public road frontage required: 50 ft; or if on a private road, minimum 30 ft wide access and utility easement from the proposed lot to the nearest public road shall be required. In the case of a minor plat (subdivide from 1 to 5 or fewer lots), the maximum number of lots allowed to use the same private drive shall be 5. • Minimum lot width at building line: 150 ft. If a variance is requested, the maximum reduction possible is to reduce to 100 ft. • Minimum lot depth: 200 ft • Max height: 35 ft • Setbacks from property lines (primary/principle structure and accessory structures): 40 ft front and rear, 25 ft sides. If a variance is requested, the maximum reduction possible is to reduce the front and rear setbacks to 25 ft; maximum reduction possible for side setbacks is to reduce to 15 ft. No setback is required from U.S. Army Corps of Engineers line on Lake Lanier Government Line. • Minimum heated floor area per dwelling unit: 800 sqft heated area. This standard cannot be varied. • Traffic Impact Study: A traffic impact study shall be submitted to the Community Development Director or his or her designee for review prior to submittal of a rezoning or special use application; or prior to submittal of civil (construction) plans for any of the following: o Large scale developments which meet or exceed the thresholds of a Development of Regional Impact as defined by the Georgia Department of Community Affairs; or o Project includes 125 or more residential dwelling units; or o Contains more than 50,000 square feet of gross floor area. The traffic impact study shall be prepared, signed, and sealed by a registered professional engineer. Applicable documents used in the review of submitted traffic studies may include, but not be limited to, the Dawson County public works guide to traffic impact analysis and the current edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual. When a traffic impact study is required as part of a rezoning or special use application, the study shall be reviewed prior to the planning commission by a third-party engineer on behalf of the county. The review findings of the traffic impact study shall be included as part of the county staff analysis for review by the Planning Commission. The cost for the review of the traffic impact study by the third-party engineer shall be borne by the applicant. Permitted principal uses. a. Principal uses that are allowed by right or by special use approval are listed on Table 3.1. ---PAGE BREAK--- 72 b. Restrictions that apply to particular uses allowed by right or special use approval are referenced on Table 3.1 and are contained in section 121-75 of this article. Allowed accessory uses. a. Customary and essential accessory farm buildings and uses are allowed and include barns and other livestock structures, storage sheds, used for the day-to-day operation of such activities, for the storage or preservation of said crops, products and foodstuffs raised or grown on said parcel, and roadside stands for the sale of products grown on that property only and that comply with the requirements of this section. b. Accessory structures shall be no larger than the footprint of the principal structure or one-half the gross square footage, whichever is greater, with the exception that when the lot size is three acres or greater, the size of the accessory structure shall not be regulated in size but shall meet all setback requirements. c. One accessory dwelling unit (ADU) (guest quarters, caretaker/employee residence, guest house, pool house) is allowed per parcel with a minimum of three in size in accordance with the following: 1. The ADU must be located on the same parcel as the main/primary/principle residence. The ADU may be located in the front, side or rear yards. Required setbacks shall be 100 feet from the front property line, 25 feet from the side property lines, and 25 feet from the rear property line. There must be at least 10 ft separation between the ADU and the primary residence. 2. The ADU must be constructed in conjunction with or after the primary residence is constructed. 3. The ADU must be a conventional site-built residence. An ADU cannot be a manufactured home, storage building, shipping containers, boats, or tiny house. A tiny house is a residential product that does not comply with the residential code standards for a conventional site-built residence. 4. The height of the ADU shall not exceed the height of the primary residence. 5. The ADU must have a separate address for public safety purposes and shall be served by separate utilities than the primary residence. 6. At least one of the residences (principle residence or ADU) must be owner-occupied full-time. 7. The ADU must be minimum 400 square feet heated space. One guest quarters or caretaker/employee residence is allowed per parcel in accordance with the following: 1.The guest quarter/caretaker residence must be located on the same parcel as the principal residence. 2.The guest quarter/caretaker residence must be constructed in conjunction with or after the principal residential building is constructed. 3.The height of the guest quarter/caretaker residence shall not exceed the height of the principal residential building. 4.At least one of the residences must be owner occupied full-time. 5.Access to the guest quarter /caretake residence shall be from the same driveway as the principal residence. d. Home occupations are allowed if requirements in article VI, section 121-181 are met. e. Direct marketing of produce grown on site is allowed in a farm market, one farm market or one roadside stand no greater than 500 square feet of building area. ---PAGE BREAK--- 73 f. Storage, retail or wholesale marketing, or processing of agricultural products into a value-added agricultural product is a permitted use in a farming operation if more than 50 percent of the stored, processed or merchandised products are produced on-site by the farm operator. g. Agricultural farm operations may include any or all of the following agriculturally related uses and some non-agriculturally related uses so long as the general character of the farm is maintained. 1. Value-added agricultural activities such as education tours, wedding venues and similar special event facilities with a minimum of 15 acres, and/or processing facilities, etc. Wedding venues and similar special event facilities may sell and serve alcohol provided an appropriate alcohol license is held by the property owner or the alcohol is served in accordance with the state and local catering requirements and a valid caterer's license. 1. 2. Bakeries selling baked goods containing product grown on site. 2. 3. Playground areas or equipment, not including motorized vehicles or rides. 3. 4. Petting farms, animal display and pony rides. 4. 5. Wagon, sleigh, and hayrides. 5. 6. Nature trails. 6. 7. Open air or covered picnic areas with restrooms. 7. 8. Educational classes, lectures, seminars. 8. 9. Historical agricultural exhibits. 9. 10. Kitchen facilities and/or tasting rooms for processing/cooking or serving of items for sale containing produce and crops grown on site. 10. 11. Gift shops for the sale of agricultural products and non-agricultural products such as antiques or crafts, limited to 1,000 square feet building area. 11. 12. Construction and renovation of structures to be utilized for assembly of people are subject to commercial building codes and Life Safety code requirements. h. If any agricultural farm includes the listed uses in section 121-69(2)g. adequate parking facilities must be provided in the form of the following: 1. A minimum of 20 parking spaces must be provided. 2. Parking facilities may be located on a grass or gravel area. All parking areas shall be defined by either gravel, cut lawn, sand or other visible marking. 3. All parking areas shall be located a minimum of 50 feet 25-feet from any exterior property line, and the drives designed in such a manner to avoid traffic hazards associated with entering and exiting the public roadway. ---PAGE BREAK--- 74 4. Paved parking areas must meet all design, landscaping and screening and setback requirements set forth by Dawson County codes and regulations. A land disturbance permit is required. 5. All lighting and parking lighting shall not exceed 1.0 footcandles in intensity along the property lines of any adjoining property when measured 36 to 48 inches above grade. Event centers – Special use required. Event centers, which may include spaces for special events such as weddings, parties, family gatherings, photography sessions, and other events, require special use approval prior to beginning any operations. The following standards apply: 1. Prior to submittal of a Special use application, the applicant must submit a concept site plan prepared by a surveyor or civil engineer to the community development director or his or her designee, who shall schedule a pre-application meeting with the applicant to obtain input from applicable department representatives such as public works, fire, and utilities. 2. Event centers must be located on a parcel with a minimum of 15 acres. 3. Event centers may include overnight accommodations subject to the short-term rental and accommodation event center standards of county code chapter 30. 4. Event centers may sell and serve alcohol provided an appropriate alcohol license is held by the property owner or the alcohol is served in accordance with the state and local catering requirements and a valid caterer's license. 5. The maximum number of guests or attendees for an outdoor venue shall be 250 for any single event. 6. Outdoor music shall not be allowed after 10:00 PM. 7. The noise generated from the property shall not exceed 70 decibels (dB) as measured at any property line. 8. A fire safety, prevention, and emergency response services plan shall be submitted for review and approval by Dawson County prior to approval. 9. Local or state agencies must review access to ensure that vehicles leave or join the roadway traffic at a proper angle and conform to the road rules. 10. Portable sanitary facilities shall be located at least twenty-five (25) feet from an adjacent property with residential use. 11. Fireworks displays are prohibited. 12. Parking: A minimum number of parking spaces, per determination of Dawson County staff based on applicable use classification and applicable building and/or fire / life safety code standards, must be provided. Parking facilities may be located on a grass or gravel area with the exception of handicapped accessible spaces, which shall meet applicable code standards. All parking areas shall be defined by either gravel, cut lawn, sand, or other visible markings. All parking areas shall be located a minimum of 50 feet from any exterior property line, and the drives shall be designed in such a manner as to avoid traffic hazards associated with entering and exiting the public roadway. Paved parking areas must meet all design, landscaping, screening, and setback requirements set forth by Dawson County codes and regulations. A land disturbance permit is required. 13. Lighting: All lighting and parking lighting shall not exceed 1.0 footcandles in intensity along the property lines of any adjoining property when measured 36 to 48 inches above grade. Allowed temporary uses. The following temporary uses are allowed: a. Seasonal U-pick fruits and vegetable operations. ---PAGE BREAK--- 75 b. Seasonal outdoor mazes of agricultural origin such as straw bales or corn, small-scale outdoor entertainment such as a car show, art fair or music concert, fun houses or haunted houses, non-profit fund- raising events, and festivals with a special event business permit. Prohibited uses. a. Any principal use not shown on Table 3.1 as allowed in a zoning district, whether by right or with approval as a special use, is specifically prohibited. b. Manufacturing operations related to allowed agricultural uses are prohibited. c. Horses are prohibited on lots less than three acres. d. Meat processing and food franchises or franchise products are prohibited. e. Non-dwelling type structures shall not be connected to utilities and used as a dwelling. Non-dwelling structures include but are not limited to campers, travel trailers, recreational vehicles, motor homes, busses, storage buildings, shipping containers, boats, and tiny houses. A tiny house is a residential product that does not comply with the residential code standards for a conventional site-built residence. and utility buildings. f. A manufactured home is prohibited on a tract of land less than three acres in size unless approved by special use. Building requirements. The minimum area, yard, and building requirements in the R-A residential agricultural district are as set forth in Table 3.1. Sec. 121-71. - RRE residential rural estate. Residential estate districts are areas that are either primarily single-family residential with other agricultural, pastoral, or recreational uses incidental to the principal residential use, or areas that are not under intensive development pressures. Typical rural residential estate district uses range from horticulture, agri-tourism, livestock, animal husbandry, and non- managed woodlands. The conservation of prime agricultural and forestry land use from the need to extend urbanized infrastructure (public water and sewer service) is to maintain the rural character. Some prime agricultural land is geographically located on land with constraints, such as steep forested slopes or river valley flood plains; therefore, thorough impact analysis should be reviewed prior to land use changes in those areas. The RRE district development standards shall apply to any development that has not obtained a land disturbance permit or building permit at the time of adoption of this ordinance, September 18, 2025 with the exception of zoning conditions and/or variances that may apply to previously approved applications. For any RRE developments or properties for which permitting was obtained prior to this date, the applicable code standards for the district as of the date of initial permitting shall apply. Development standards for the RRE district are: • Minimum lot size: three acres. This standard cannot be varied. All proposals to subdivide land shall meet the minimum lot size requirement. • Minimum public road frontage required: 50 ft; or if on a private road, minimum 30 ft wide access and utility easement from the proposed lot to the nearest public road shall be required. In the case of a ---PAGE BREAK--- 76 minor plat (subdivide from 1 to 5 or fewer lots), the maximum number of lots allowed to use the same private drive shall be 5. • Minimum lot width at building line: 150 ft. If a variance is requested, the maximum reduction possible is to reduce to 100 ft. • Minimum lot depth: 200 ft • Max height: 35 ft • Setbacks from property lines: 40 ft front and rear, 25 ft sides. If a variance is requested, the maximum reduction possible is to reduce the front and rear setbacks to 25 ft; maximum reduction possible for side setbacks is to reduce to 15 ft. No setback is required from U.S. Army Corps of Engineers line on Lake Lanier Government Line. • Minimum heated floor area per dwelling unit: 800 sqft heated area. This standard cannot be varied. Permitted principal uses. a. Principal uses that are allowed by right or by special use approval are listed on Table 3.1. b. Restrictions that apply to particular uses allowed by right or special use approval are referenced on Table 3.1 and are contained in section 121-75 of this article. Allowed accessory uses. a. Agriculture, floriculture, horticulture, silviculture, cultivation of field, garden crops or similar small scale related uses are allowed. b. Customary and essential accessory farm buildings and uses include barns and other livestock structures, storage sheds, and home offices. c. Accessory structures shall be no larger than the footprint of the primary structure or one-half the gross square footage, whichever is greater, with the exception that when the lot size is three acres or greater, then the size of the accessory structure shall not be regulated in size but shall meet all setback requirements. d. One accessory dwelling unit (ADU) (guest quarters, caretaker/employee residence, guest house, pool house) is allowed per parcel with a minimum lot size of three acres in accordance with the following: 1. The ADU must be located on the same parcel as the main/primary/principle residence. The ADU may be located in the front, side or rear yards. Required setbacks shall be 100 feet from the front property line, 25 feet from the side property lines, and 25 feet from the rear property line. There must be at least 10 ft separation between the ADU and the primary residence. 2. The ADU must be constructed in conjunction with or after the primary residence is constructed. 3. The ADU must be a conventional site-built residence. An ADU cannot be a manufactured home, storage building, shipping containers, boats, or tiny house. A tiny house is a residential product that does not comply with the residential code standards for a conventional site-built residence. 4. The height of the ADU shall not exceed the height of the primary residence. 5. The ADU must have a separate address for public safety purposes and shall be served by separate utilities than the primary residence. 6. At least one of the residences (principle residence or ADU) must be owner-occupied full-time. 7. The ADU must be minimum 400 square feet heated space. ---PAGE BREAK--- 77 One guest quarters or caretaker/employee residence is allowed per parcel of land in accordance with: the following: 1. The guest quarter/caretaker residence must be located on the same parcel as the principal residence. 2.The guest quarter/caretaker residence must be constructed in conjunction with or after the primary residential building is constructed. 3. The height of the guest quarter/caretaker residence shall not exceed the height of the residential building. 4.At least one of the residences must be owner occupied full-time. 5.Access to the guest quarters/caretaker residence shall be from the same driveway as the primary residence. e. Home occupations are allowed if requirements in article VI, section 121-181 are met. f. A temporary roadside stand/table not greater than 100 square feet for the seasonal sale of products grown on the property. Prohibited uses. Any principal use not shown on Table 3.1 as allowed in a zoning district, whether by right or with approval as a special use, is specifically prohibited. a. The use of an accessory building for a home occupation is prohibited on properties less than three acres in size. b. Non dwelling type structures shall not be connected to utilities and used as a dwelling. Non dwelling structures include but are not limited to: campers, travel trailers, recreational vehicles, motor homes, busses, storage buildings, shipping containers, boats, and tiny houses. A tiny house is a residential product that does not comply with the residential code standards for a conventional site-built residence. and utility buildings. c. A manufactured home is prohibited on a tract of land less than three acres in size unless approved by special use. Building requirements. The building requirements in the RRE, residential rural estate district are as set forth in Table 3.2, unless a variance is granted. Sec. 121-72. - RPC residential planned community. The residential planned community district is a parcel of land developed with a variety of land uses which may vary from strict application of minimum standards in other land use classifications with the purpose of encouraging the development of large tracts of land as planned communities; encourage flexible and creative concepts in site planning; preserve the natural environment by encouraging scenic and functional open areas within residential areas; and provide for an efficient use of land resulting in increased efficiency in providing services, thus lowering development costs due to the smaller networks for streets and shorter utility lines. The residential planned comprehensive development is a flexible alternative which advocates the grouping or clustering of lots and buildings on a smaller portion of the tract, where the developer can maintain the same residential density but offer smaller lots, with remaining land dedicated or reserved for open space, agriculture, woodlands, or passive recreation. The RPC district development standards shall apply to any development that has not obtained a land disturbance permit or building permit at the time of adoption of this ordinance, September 18, 2025 with the exception of zoning conditions and/or variances that may apply to ---PAGE BREAK--- 78 previously approved applications. For any RPC developments or properties for which permitting was obtained prior to this date, the applicable code standards for the district as of the date of initial permitting shall apply. Applicability. RPC is permitted only if a single developer or development group is planning and constructing the entire unit, including all amenities, and shall not be available to any development if any lots or parcels are sold to others before construction of amenities and buildings (excepting single family residences). Amenities shall be shown as part of a specific phase(s) of the master plan and must be constructed accordingly. The minimum acreage permitted for RPC is 50 60 contiguous acres. a. The amount of permanent open space or natural space required shall be no less than 40 percent of the development. b. An active amenity area consisting of at least a pool, clubhouse, and two active courts is required. c. The overall net density shall be no more than 1.5 units per acre. This standard cannot be varied. d. The minimum lot size shall be 10,000 5,000 square feet. This standard cannot be varied. e. All residential units shall have a minimum size of 1,200 square feet of heated area. This standard cannot be varied. An application for zoning and any development permits shall be preceded by an informal meeting with the planning staff prior to submission and shall be consistent with the format required for subdivision approval with the following additions: a. A proposed master plan showing at minimum: 1. Total property area depicted on a survey to be included in the development with a legal description of the subject property by metes and bounds; 2. Proposed buildings with approximate square footage and footprints; 3. Proposed street layout. 4. Existing topographic conditions to include a contour interval of a minimum five feet based on field surveys or photogram metric photogrammetric methods; 5. Amenity areas and buildings, including defined open space; 6. Traffic impact study. 7. Environmental Impact report. 8. Minimum 50 feet undisturbed buffer around the entire perimeter of the development must be shown on the master plan. This standard cannot be varied. ---PAGE BREAK--- 79 9. Number and type of residential units proposed. b. Water and sewage disposal and other utility plans. c. A statement of intent containing disclosure of ownership, financial information, of the character of the proposed development, including a summary of gross density, types of dwelling units, amenities provided, agreements or protective covenants, and a schedule for the completion of various stages of the development including completion of amenities, open space, transportation improvements and landscaping. d. A conceptual master drainage plan shall be provided with the application for rezoning to identify the detention/retention and encourage creative water quality and quantity treatment processes. The approved rezoning to RPC shall be conditioned upon the approved conceptual master plan. Any substantial change or revision to the master plan by twenty-five percent (25%) or more of the number of residential units, type of uses, and/or mix of uses after the initial rezoning or any change to any other zoning condition imposed by the county, shall require submittal of a rezoning application. Any major or substantial change in the approved master development plan that affects the intent and character of the development, increases the density, or changes the land use pattern, changes the location or dimensions of streets or similar changes must be reviewed and approved by the Dawson County Board of Commissioners after review and recommendation by the planning commission before any work shall be permitted. A request for revision of the master development plan shall be supported by a written statement justifying the necessity or desirability for such revision. Any such major change shall be considered a request to change a zoning condition and shall be subject to rezoning procedures. Permitted uses. a. Principal uses that are allowed by right or by special use approval are listed on Table 3.1. In addition, a limited commercial component to the project is allowed, such as clubhouse, market, offices, salon, villas, etc. This may be included at no more than four percent of the total gross acreage. The commercial uses are intended for small-scale neighborhood service, to be located on the interior of the development and shall be presented to the board of commissioners and delineated on the master plan. The community commercial component of the plan shall be integrally designed with the residential component and shall provide both vehicular and pedestrian interconnectivity and access throughout. b. Restrictions that apply to particular uses allowed by right or special use approval are referenced on Table 3.1 and are contained in section 121-75 of this article. c. Allowed accessory uses are limited to private garages, swimming pools, home workshops, tennis courts, children's playhouses, small gardens, non-commercial greenhouses, and home offices that meet the requirements of this section and article VI, section 121-181. 1. Accessory uses must be located on a parcel that is currently occupied by a principal residential structure. 2. Accessory structures shall be no larger than the footprint of the primary structure or one-half the gross square footage, whichever is greater. d. Pet fowl or birds may be kept in cages that meet all required setbacks. Prohibited uses. ---PAGE BREAK--- 80 a. Any principal use not shown on Table 3.1 as allowed in a zoning district, whether by right or with approval as a special use, is specifically prohibited. b. Horses are prohibited. c. Kennels for the breeding of any animal for sale are prohibited d. Swine are prohibited. e. The use of an accessory building for a home occupation is prohibited. Open space requirements. a. Minimum area. Each separate tract of open space shall contain at least two acres. b. Minimum width. Walkways or "fingers" of open space created to provide access from individual lots to a larger expanse of open space shall have a minimum width sufficient to accommodate a path, given the existing terrain, the center of which path shall be at least 25 feet from any property line. All path dimensions shall have a width no more than eight feet. c. Desired Ffeatures. Open space shall include irreplaceable natural features of the site such as riparian habitats and streams, significant stands of trees, individual trees of significant size, rock outcropping, and peaks and ridges that are themselves scenic features or from which scenic views are available. d. Natural limitations. Natural areas which are, constrained lands, including swamps, floodplains, wetland areas, steep slopes (45 percent or more for 100 feet or more), lakes, ponds, and streams may be included as open space. These areas shall not count for more than 50 percent of the total open space required. e. Uses restricted. Buildings shall not occupy open space but may occupy area allocated for one or more conventional lots. f. Easements restricted. Open space may be entered or crossed by utility easements where such easements will involve access by persons or vehicles for periodic maintenance or repair only. g. Open space shall be undisturbed except where designed as an active amenity area. Roads and utilities. a. All roads shall have sidewalks and there shall be permanent pedestrian access designed throughout the project. b. All utilities shall comply with applicable codes, and street lighting shall be included on all new streets by the developer. Responsibility for maintenance of utilities and lighting shall be held by the Homeowners or Property Owner's Association as appropriate. c. Sidewalks shall be required along both sides of roadways. (10) Design standards. ---PAGE BREAK--- 81 At least five exterior view plans for homes, duplexes, triplexes, and townhomes must be submitted to the Community Development Director or his or designee to be reviewed, approved, and used prior to issuance of final plat or building permit. Exterior view plans for apartment buildings must be submitted to the Community Development Director or his or her designee to be reviewed, approved, and used prior to issuance of final plat or building permit. The following standards shall be required: a) The entire front façade of homes, duplexes, triplexes, quadplexes, and townhomes, with the exception of windows, doors, and accent features, shall be masonry brick or stone. b) The first three feet in height of the sides and rear of homes, duplexes, triplexes, quadplexes, and townhomes shall consist of a masonry brick or stone water table. The remainder shall be a fiber- cement hardi-board product or similar appropriate product as approved by the community development director or his or her designee. Vinyl, EIFS stucco, and metal siding shall be prohibited. c) All sides of homes, duplexes, triplexes, quadplexes, and townhomes must have at least one window. At least one window per side shall be a minimum of two ft in width by three ft in height. d) All homes, duplexes, triplexes, quadplexes, and townhomes shall have a covered rear patio, porch, or deck. The covering as well as the concrete slab shall be a minimum of 14 ft in length and 10 ft in depth. e) At least fifty percent (50%) of all sides of apartment buildings shall be masonry brick or stone. The remainder shall be a fiber-cement hardi-board product or similar appropriate product as approved by the community development director or his or her designee. Vinyl, EIFS stucco, and metal siding shall be prohibited. f) Use of materials for apartment buildings shall vary and not exceed fifty percent (50%) of any one type per building side. g) All sides of an apartment building must have at least three windows, which shall be a minimum of two ft in width by three ft in height. (10) Annual review. To ensure continued progress toward completion, the approved master development plan with updated accomplishments shall be submitted to the Dawson County Planning and Development Department for annual review. (11) Pre-application meeting required; Community information and input meeting required. Prior to submittal of a rezoning or special use application for a development of 50 or more residential units, the applicant shall complete a pre-application meeting as well as a community information and input meeting per amendment standards of section 121-309. (12) Traffic Impact Study. A traffic impact study shall be submitted to the Community Development Director or his or her designee for review prior to submittal of a rezoning or special use application; or prior to submittal of civil (construction) plans for any of the following: a) Large scale developments which meet or exceed the thresholds of a Development of Regional Impact as defined by the Georgia Department of Community Affairs; or b) Project includes 125 or more residential dwelling units. The traffic impact study shall be prepared, signed, and sealed by a registered professional engineer. Applicable documents used in the review of submitted traffic studies may include, but not be limited to, the Dawson County public works guide to traffic impact analysis and the current edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual. When a traffic impact study is required as part of a ---PAGE BREAK--- 82 rezoning or special use application, the study shall be reviewed prior to the planning commission by a third- party engineer on behalf of the county. The review findings of the traffic impact study shall be included as part of the county staff analysis for review by the Planning Commission. The cost for the review of the traffic impact study by the third-party engineer shall be borne by the applicant. Sec. 121-74. – Chart of uses in residential land use (zoning) districts. Table 3.1 Principal Uses Allowed by Residential Zoning District NAICS 312130 Winery, no retail and/or restaurant Change A (allowed) to S (special use) in RA district n/a Single-family Attached: Townhouses Delete A (allowed) from RT 711310-05 and 711310 Add Event Centers as S (special use) in RA 221114 Solar Farm Change from A (allowed) to S (special use) in RA Sec. 121-75. - Restrictions on particular uses. Purpose. The purpose of this section is to provide land use and development regulations for specific uses that are applicable to sites throughout Dawson County. Unless otherwise noted, these standards are intended to be applied within all land use districts where the particular uses are allowed, whether by right or through special use approval. Bed and breakfasts, accommodation rental event centers, and short-term rentals. See chapter 30, article V. Manufactured homes. Manufactured homes shall meet the compatibility requirements of chapter 105, division 3. In the RA and RRE districts, special use approval is required to locate a manufactured home on a tract of land that is less than three acres. Private amenity areas such as swimming pools, tennis courts, children's play areas, small gardens, non- commercial greenhouses, fitness and recreations centers, club houses or community rooms and other similar uses shall meet the following requirements: Adequate parking area is provided for the amenity area; a minimum of 15 parking spaces, and one bicycle rack. The area is fenced and landscaped. All pools should be landscaped and screened such that at least 50 percent of the view from the road is obscured. The amenity area must be under construction and completed during the first phase of the development. Additional amenities may be shown as a part of a specific phase(s) of a master plan and must also be constructed within said phase. ---PAGE BREAK--- 83 Lighting must be provided for the parking area and all walkways and pedestrian access points. Full cutoff fixtures shall be required. Public utilities. Public utilities shall have a maximum gross total of 400 square feet of structure per parcel unless a variance is approved. Public utilities include infrastructure services and the structures necessary to provide those services including electricity, natural gas, telephone, water, or sewer. See section 121-109 for telecommunication facilities. Solar farms. Freestanding solar panels located on the ground shall not exceed 20 feet in height above the ground. Freestanding solar panels shall meet a minimum setback of 50 25 feet from all property boundaries.; the front setback shall be based upon the road category. Solar farms shall be located on parcels greater than five acres. A 20-foot undisturbed, vegetated buffer shall be provided along the perimeter of the installation area. The vegetated buffer must contain evergreen species. Portable sawmills. One portable sawmill on property a minimum of five acres in size is allowed; the activity shall not interfere with the quiet use and enjoyment of the outside environment of neighboring property owners. Operational hours shall be between the hours of 8:00 a.m. and 8:00 p.m. Monday through Friday, 10:00 a.m. to 6:00 p.m. Saturdays and Sundays. A portable sawmill shall not be operated for more than four hours on Saturday or Sunday. A portable sawmill shall not be operated after dark. Wineries. Wineries may sell wine in a tasting room with special use approval, subject to the following conditions: Wineries must be licensed according to the Dawson County Alcohol Ordinance. Retail sales and ancillary restaurant facilities are allowed if approved as a special use. Retail sales and restaurant or food service facilities shall be clearly accessory to the production of wine. ---PAGE BREAK--- 84 Any restaurant facilities shall be approved by the Dawson County Health Department. Animal hospitals, veterinary clinics, dog kennels, and catteries, riding stables, hunting preserves using natural or native game resources, or wildlife preserves and structures necessary or accessory to the above uses require approval as a special use with due consideration given to all relevant data relating to the public health, safety and welfare including: Noise factors that may impact adjacent residential areas, Isolating factors, such as topography or buffers, and Noxious odors affecting adjacent properties. Potential traffic generated by the use. Campgrounds and recreational vehicle parks. Commercial campgrounds and recreational vehicle (RV) parks may be permitted by special use in the RA zoning district. The minimum parcel size for a commercial campground or recreational vehicle park is 15 ten acres. Commercial campgrounds and RV parks shall have direct access to or have a minimum of 75 feet of frontage on a state or county-maintained roadway. Commercial campgrounds and RV parks shall be served by a central water (community or public) supply. Commercial campgrounds and RV Park facilities shall include a residence for the owner/manager of the premises; utility hook-ups; accessory structures, playgrounds, and open space areas, fenced yard areas for pets; and recreational vehicles (including travel trailers) in designated spaces. Length of the stay for all but permanent staff shall not exceed 30 consecutive days. All campground and RV park facilities, including structures, camping sites, RV camp/parking sites, man- made uses, and other facilities associated with the use shall be setback a minimum of 100 75 feet from all adjacent property lines. All campground and RV park facilities, including structures, camping sites, RV camp/parking sites, man- made uses, and other facilities associated with the use shall be surrounded by a minimum 50 40- foot-wide vegetated buffer. Light posts shall not exceed a height of 20 feet from finished grade. The park shall not provide long term RV or semi-truck storage. Sanitary facilities and trash receptacles shall be located a minimum of 200 feet from all property lines. any residential district. (10) Recreational facilities associated with the use shall be for staff and guests only. ---PAGE BREAK--- 85 (11) RV units shall be fully licensed and ready for highway use, i.e., licensed, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached structures or additions. (12) Service areas and loading areas shall be separated from the primary vehicular and pedestrian circulation areas. (13) Storage areas and refuse enclosures shall be oriented away from view from the right of way and screened from view. (14) All refuse enclosures shall be enclosed on three sides by a brick, masonry, or cement wall; chain link fencing is prohibited. Open space permitted uses. Conservation of natural, archeological, or historical resources. Meadows, woodlands, wetlands, wildlife corridors, game preserves, or similar conservation- oriented areas; Walking or bicycle trails, provided they are constructed of porous paving with pervious materials; Passive recreation areas, such as open fields and community gardens; Defined passive amenity space. Agriculture, horticulture, silviculture, or pasture uses, provided that all applicable best management practices are used to minimize environmental impacts, such activities are not conducted within constrained land conservation areas, and no existing healthy, native forests of more than five contiguous acre in size is removed to allow for such activities; Nonstructural stormwater management practices and structural stormwater management practices that allow for infiltration, such as bioretention areas; Septic systems comprised of single or multiple septic tanks and leach fields located on soils particularly suited to such uses; and not located within state waters undisturbed buffers. Easements for drainage, pedestrian access; or (10) Other conservation-oriented uses compatible with the purposes of this ordinance. Heavy industrial uses. Traffic generated from the use shall not use local roads unless located within an approved master development plan. Vehicle access shall be arranged to minimize conflict with vehicular traffic. ---PAGE BREAK--- 86 Outdoor storage shall meet minimum building setbacks and shall be screened by opaque fencing a minimum of six feet in height; and A landscape strip 30 feet wide shall be planted to provide a vegetative screen along 70 percent of the road frontage, except for approved access points. Sec. 121-76. - Dimensional requirements. All proposals to subdivide land shall meet the minimum lot size requirements for the applicable land use (zoning) district. PERFORMANCE STANDARD LAND USE DISTRICT Table 3.2 RT RL RS RS-2 RS-3 RSR RA RRE Minimum lot size in acres of land area with individual on-site sewage disposal and private well N/A - 1.5 1.5 - N/A - N/A 1.5 1.5 5 3 (10) Minimum lot size when connected to approved public or private water system and on-site septic N/A 0.75 1 0.75 1 - N/A - N/A 1 1 5 3 Minimum lot size when connected to approved public or private water system and sewer system - 12,000 sqft - 0.75 0.75 1 - 15,000 sqft - 12,000 sqft 0.75 - 0.75 5 3 Minimum lot depth (feet) 100 100 100 100 100 100 150 200 200 Minimum lot width (feet) 100 Sec.121-59 100 85 100 100 85 100 75 100 100 175 150 Minimum front yard setback (feet) or side building setback/yard from right-of- way of Parkway; or minimum front setback/front yard from State Road; or from all other streets RT RL RS RS-2 RS-3 RSR 25 80;60;- 25 80;60;40 25 80;60;40 25 80;60;30 25 80;60;30 25 100;60;40 25 100;60;40 RA RRE 40 100;60;40 40 100;60;40 Minimum side building setback/side yard setback (feet) 10 Sec. 121-59 10 10 10 10 10 10 25 25 Minimum rear building setback/rear yard setback (feet) ---PAGE BREAK--- 87 25 Sec. 121-59 25 20 25 20 25 20 25 20 25 20 25 20 40 35 40 35 Minimum heated floor area per dwelling unit RT RL RS RS-2 RS-3 RSR RA RRE 1,200 800 800 800 1,200 800 1,200 800 800 800 800 800 Height 35' 35' 35' 35' 35' 35' 35' 35' 35' Table Note 3 – delete net density calculation Sec. 121-99. – Purpose. The purpose of this article is to establish commercial land use districts by defining their characteristics and prescribing development standards. Design standards. In all commercial districts except C-HI and C-IR, the following exterior finish products shall be prohibited, except as minor accent features, on buildings 200 square feet or greater in gross floor area: metal, vinyl, standard concrete block, and EIFS stucco. Acceptable exterior finish products shall be brick, stone, hard-coat stucco, or other material determined to be appropriate by the Community Development Director or his or her designee. Setbacks. The minimum setbacks from the right-of-way for all commercial districts (unless otherwise indicated) are as follows: a. One hundred feet on parkways and divided state highways, b. Sixty feet on collector roads and state highways, c. Forty feet on all other county roads and interior development streets. d. The minimum setback for parking areas is 20 feet from all rights-of-way. (If no right-of-way is established the right-of-way shall be considered 20 feet from the centerline of the road). Sec. 121-100. - C-RB Rural Business District. Permitted principal uses a. A site-built or modular single-family residence shall be allowed on a vacant C-RB lot with the following restrictions that cannot be varied: minimum 800 sqft heated area; setbacks shall be 25 ft front and rear, 10 ft sides; and the residence shall be the main/primary use of the property. Building requirements: The minimum area, yard, height and building requirements of the rural business district shall be as follows: ---PAGE BREAK--- 88 a. Minimum lot size: One acre. 43,560 square feet (one acre) except that where contiguous to a commercial district the minimum lot size will be that necessary to meet health department requirements concerning water supply and sewage disposal if required. b. Minimum setbacks: 1. Front yard: 40 feet See section 121-99(1), 2. Side yard: 25 feet 3. Rear yard: 25 feet c. Maximum building height: No structure shall be higher than 35 feet. The height limitation does not apply to unoccupied and inaccessible architectural features e.g., church spires, belfries, cupolas and domes, parapet walls, monuments, government-owned observation towers, water towers, chimneys, flag poles, and similar structures. d. Maximum building size: No building or other use permitted in this district may occupy more than 7,500 gross square feet of floor area. e. Buffers: 25 ft undisturbed buffer touching/adjoining a single-family residential district or use. f. Traffic Impact Study: A traffic impact study shall be submitted to the Community Development Director or his or her designee for review prior to submittal of a rezoning or special use application; or prior to submittal of civil (construction) plans for any of the following: 1. Large scale developments which meet or exceed the thresholds of a Development of Regional Impact as defined by the Georgia Department of Community Affairs; or 2. Contains more than 50,000 square feet of gross floor area. The traffic impact study shall be prepared, signed, and sealed by a registered professional engineer. Applicable documents used in the review of submitted traffic studies may include, but not be limited to, the Dawson County public works guide to traffic impact analysis and the current edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual. When a traffic impact study is required as part of a rezoning or special use application, the study shall be reviewed prior to the planning commission by a third- party engineer on behalf of the county. The review findings of the traffic impact study shall be included as part of the county staff analysis for review by the Planning Commission. The cost for the review of the traffic impact study by the third-party engineer shall be borne by the applicant. Sec. 121-101. - C-CB community business commercial district. Building requirements. The minimum area, yard, setback, and building requirements in the C-CB district are as follows: a. Minimum lot size: One acre. 43,560 square feet (one acre). b. Minimum setbacks: 1. Front yard: 40 feet See section 121-99(1); 2. Side yard: 25 feet 3. Rear yard: 25 feet ---PAGE BREAK--- 89 c. Maximum building height: shall not be higher than 40 feet. The height limitation does not apply to unoccupied and inaccessible architectural features e.g., church spires, belfries, cupolas and domes, parapet walls, monuments, government-owned observation towers, water towers, chimneys, flag poles, and similar structures. d. Maximum building size: No building or other use permitted in this district may occupy more than 7,500 gross square feet of floor area. Buildings containing more than one business or other permitted use shall be no larger than a total of 15,000 gross square feet of floor area. e. Buffers: 25 feet undisturbed buffer touching/adjoining a single-family residential district or use. f. Traffic Impact Study: A traffic impact study shall be submitted to the Community Development Director or his or her designee for review prior to submittal of a rezoning or special use application; or prior to submittal of civil (construction) plans for any of the following: 1. Large scale developments which meet or exceed the thresholds of a Development of Regional Impact as defined by the Georgia Department of Community Affairs; or 2. Contains more than 50,000 square feet of gross floor area. The traffic impact study shall be prepared, signed, and sealed by a registered professional engineer. Applicable documents used in the review of submitted traffic studies may include, but not be limited to, the Dawson County public works guide to traffic impact analysis and the current edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual. When a traffic impact study is required as part of a rezoning or special use application, the study shall be reviewed prior to the planning commission by a third- party engineer on behalf of the county. The review findings of the traffic impact study shall be included as part of the county staff analysis for review by the Planning Commission. The cost for the review of the traffic impact study by the third-party engineer shall be borne by the applicant. Sec. 121-102. - C-HB highway business commercial district. Permitted principal uses a. A site-built or modular single-family residence shall be allowed on a vacant C-HB lot with the following restrictions that cannot be varied: minimum 800 sqft heated area; setbacks shall be 25 ft front and rear, 10 ft sides; and the residence shall be the main/primary use of the property. Building requirements. The minimum area, yard, setback, and building requirements in the C-HB district are as follows: a. Minimum lot size: One acre Two acres except that where part of a master plan. b. Minimum setbacks: 1. Front yard: 40 feet see section 121-99(1) 2. Side yard: 25 feet 3. Rear yard: 50 feet Maximum building height. Buildings designed for human occupancy shall not be higher than 50 feet or four stories whichever is the lesser. The height limitation does not apply to unoccupied and inaccessible ---PAGE BREAK--- 90 architectural features e.g., church spires, belfries, cupolas and domes, parapet walls, monuments, government-owned observation towers, water towers, chimneys, flag poles, and similar structures. Screens or buffers. 50 feet undisturbed buffer touching/adjoining a single-family residential district or use. Where noise, visual effects, or distracting activity is determined by the planning commission or board of commissioners to potentially affect adjacent property or roadway, a vegetative screen, cement or masonry wall, or earth berm may be required. Traffic Impact Study: A traffic impact study shall be submitted to the Community Development Director or his or her designee for review prior to submittal of a rezoning or special use application; or prior to submittal of civil (construction) plans for any of the following: 1. Large scale developments which meet or exceed the thresholds of a Development of Regional Impact as defined by the Georgia Department of Community Affairs; or 2. Contains more than 50,000 square feet of gross floor area. The traffic impact study shall be prepared, signed, and sealed by a registered professional engineer. Applicable documents used in the review of submitted traffic studies may include, but not be limited to, the Dawson County public works guide to traffic impact analysis and the current edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual. When a traffic impact study is required as part of a rezoning or special use application, the study shall be reviewed prior to the planning commission by a third- party engineer on behalf of the county. The review findings of the traffic impact study shall be included as part of the county staff analysis for review by the Planning Commission. The cost for the review of the traffic impact study by the third-party engineer shall be borne by the applicant. Sec. 121-103. - C-HI highway business intensive commercial district. Building requirements. The minimum area, yard, setback, and building requirements in the C-HI district are as follows: a. Minimum lot size: One acre. Three acres unless part of a master plan. b. Minimum setbacks: 1. Front yard: 40 feet see section 121-99(1) 2. Side yard: 25 feet 3. Rear yard: 50 feet c. Maximum building height: Buildings shall not be higher than 50 feet or four stories whichever is the lesser. The height limitation does not apply to unoccupied and inaccessible architectural features e.g., church spires, belfries, cupolas and domes, parapet walls, monuments, government-owned observation towers, water towers, chimneys, flag poles, and similar structures. d. Buffers: 50 feet undisturbed buffer touching/adjoining a single-family residential district or use. e. Traffic Impact Study: A traffic impact study shall be submitted to the Community Development Director or his or her designee for review prior to submittal of a rezoning or special use application; or prior to submittal of civil (construction) plans for any of the following: ---PAGE BREAK--- 91 1. Large scale developments which meet or exceed the thresholds of a Development of Regional Impact as defined by the Georgia Department of Community Affairs; or 2. Contains more than 50,000 square feet of gross floor area. The traffic impact study shall be prepared, signed, and sealed by a registered professional engineer. Applicable documents used in the review of submitted traffic studies may include, but not be limited to, the Dawson County public works guide to traffic impact analysis and the current edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual. When a traffic impact study is required as part of a rezoning or special use application, the study shall be reviewed prior to the planning commission by a third- party engineer on behalf of the county. The review findings of the traffic impact study shall be included as part of the county staff analysis for review by the Planning Commission. The cost for the review of the traffic impact study by the third-party engineer shall be borne by the applicant. Sec. 121-104. - C-PCD commercial planned comprehensive development district. [The C-PCD district has been removed.] No applications to rezone property to this district will be heard by the Planning Commission or the Board of Commissioners. However, other public hearing applications and development permits within those districts shall be accepted. Commercial planned developments are areas which would otherwise be suited for classification as C-CB, C- HB, or C-OI, but which, due to their size and scope, or the need to provide for a planned or phased development, or the need to combine commercial, institutional, office and/or attached single family residential within the same planned development, such developments would not otherwise be permitted by the provisions hereof. Purpose. This district is intended to provide for appropriate planned development of quality mixed use projects by allowing greater flexibility and creativity in the land development process, by undertaking techniques which foster community and pedestrians, by creating roadway and pedestrian connections to residential areas, by minimizing the need for surface parking through compact and efficient land use, providing transitions between high traffic streets and neighborhoods, and thereby achieving the objectives of the Dawson County Comprehensive Plan. Design standards. At least five exterior view plans for homes, duplexes, triplexes, and townhomes must be submitted to the Community Development Director or his or designee to be reviewed, approved, and used prior to issuance of final plat or building permit. Exterior view plans for apartment buildings must be submitted to the Community Development Director or his or her designee to be reviewed, approved, and used prior to issuance of final plat or building permit. The following standards shall be required: a. The entire front façade of homes, duplexes, triplexes, quadplexes, and townhomes, with the exception of windows, doors, and accent features, shall be masonry brick or stone. b. The first three feet in height of the sides and rear of homes, duplexes, triplexes, quadplexes, and townhomes shall consist of a masonry brick or stone water table. The remainder shall be a fiber-cement hardi-board product or similar appropriate product as approved by the community development director or his or her designee. Vinyl, EIFS stucco, and metal siding shall be prohibited. ---PAGE BREAK--- 92 c. All sides of homes, duplexes, triplexes, quadplexes, and townhomes must have at least one window. At least one window per side shall be a minimum of two ft in width by three ft in height. d. All homes, duplexes, triplexes, quadplexes, and townhomes shall have a covered rear patio, porch, or deck. The covering as well as the concrete slab shall be a minimum of 14 ft in length and 10 ft in depth. e. At least fifty percent (50%) of all sides of apartment buildings shall be masonry brick or stone. The remainder shall be a fiber-cement hardi-board product or similar appropriate product as approved by the community development director or his or her designee. Vinyl, EIFS stucco, and metal siding shall be prohibited. f. All sides of an apartment building must have at least three windows, which shall be a minimum of two ft in width by three ft in height. Sec. 121-105. - C-OI commercial office institutional district. Building requirements. The minimum area, yard, setback, and building requirements in the C-OI district are as follows: a. Minimum lot size. One acre. 43,560 square feet (one acre). b. Minimum setbacks. 1. Front yard: 40 feet see section 121-99(1) 2. Side yard: 25 feet 3. Rear yard: 40 feet c. Maximum building height. Buildings designed for human occupancy shall not be higher than 50 feet or four stories whichever is the lesser. The height limitation does not apply to unoccupied and inaccessible architectural features e.g., church spires, belfries, cupolas and domes, parapet walls, monuments, government-owned observation towers, water towers, chimneys, flag poles, and similar structures. d. Buffers: 25 feet undisturbed buffer touching/adjoining a single-family residential district or use. e. Traffic Impact Study: A traffic impact study shall be submitted to the Community Development Director or his or her designee for review prior to submittal of a rezoning or special use application; or prior to submittal of civil (construction) plans for any of the following: 3. Large scale developments which meet or exceed the thresholds of a Development of Regional Impact as defined by the Georgia Department of Community Affairs; or 4. Contains more than 50,000 square feet of gross floor area. The traffic impact study shall be prepared, signed, and sealed by a registered professional engineer. Applicable documents used in the review of submitted traffic studies may include, but not be limited to, the Dawson County public works guide to traffic impact analysis and the current edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual. When a traffic impact study is required as part of a rezoning or special use application, the study shall be reviewed prior to the planning commission by a third- ---PAGE BREAK--- 93 party engineer on behalf of the county. The review findings of the traffic impact study shall be included as part of the county staff analysis for review by the Planning Commission. The cost for the review of the traffic impact study by the third-party engineer shall be borne by the applicant. Sec. 121-106. - C-IR commercial industrial restricted district. Building requirements. The minimum area, yard, setback, and building requirements in the C-IR District are as follows: a. Minimum lot size. One acre. Four acres except that where part of a master park plan. b. Minimum setbacks. 1. Front yard: 50 feet see section 121-99(1) 2. Side yard: 50 feet 3. Rear yard: 50 feet Additional conditions and requirements for buffers, open space, right of way, access, curb cuts, deceleration and acceleration lanes, traffic signals, water, sewer, etc., may be determined and required by the Planning Commission and Board of Commissioners. c. Maximum building height. Buildings shall not be higher than 50 feet or four stories whichever is the lesser. The height limitation does not apply to unoccupied and inaccessible architectural features e.g., church spires, belfries, cupolas and domes, parapet walls, monuments, government-owned observation towers, water towers, chimneys, flag poles, and similar structures. d. Screening. All mechanical equipment, and refuse areas shall be within an enclosed building, or screened by a solid wall at least six feet in height if visible from any right of way. e. Buffers: 100 feet undisturbed buffer touching/adjoining a single-family residential district or use. f. Traffic Impact Study: A traffic impact study shall be submitted to the Community Development Director or his or her designee for review prior to submittal of a rezoning or special use application; or prior to submittal of civil (construction) plans for any of the following: 1. Large scale developments which meet or exceed the thresholds of a Development of Regional Impact as defined by the Georgia Department of Community Affairs; or 2. Contains more than 50,000 square feet of gross floor area. The traffic impact study shall be prepared, signed, and sealed by a registered professional engineer. Applicable documents used in the review of submitted traffic studies may include, but not be limited to, the Dawson County public works guide to traffic impact analysis and the current edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual. When a traffic impact study is required as part of a rezoning or special use application, the study shall be reviewed prior to the planning commission by a third- party engineer on behalf of the county. The review findings of the traffic impact study shall be included as part of the county staff analysis for review by the Planning Commission. The cost for the review of the traffic impact study by the third-party engineer shall be borne by the applicant. Sec. 121-107. - Chart of uses ---PAGE BREAK--- 94 Table 3.3 Principal Use Table: Commercial Land Use Districts NAICS N/A Single-family Detached: Site-Built or Modular Home delete A from C-CB, C-HI and C-OI 445291 Retail Bakeries – add S in C-RB 2361 Residential Construction & Remodeling Contractors, Builders and Developers, office only – add A in C-RB, C-CB 2361 Residential Construction & Remodeling Contractors, Builders and Developers, with outdoor storage – add S in C-RB, C-CB, C-HB, C-OI 2362 Non-Residential Construction Contractors, Builders and Developers, office only – add A in C-RB 2362 Non-Residential Construction & Remodeling Contractors, Builders and Developers, with outdoor storage – add S in C-RB, C-CB, C-HB, C-OI 237 Heavy and Civil Engineering Construction – add S in C-HI 238 Specialty Trade Contractors (including: Foundation, Structure, and Building Exterior Contractors; Building Equipment Contractors; and, Building Finishing Contractors) – add S in C-RB, A in C-CB, A in C- HB, S in C-OI 531130 Mini Warehouses – add S in C-RB, C-CB, C-OI. Change A to S in C-HB and C-HI. 721211 RV Parks and Campgrounds – change from A to S in C-RB, C-CB, C-HB 722330 Mobile Food Services – add A in C-RB, C-CB, C-OI. Change S to A in C-HB and C-HI. 722511 Full-Service Restaurants (including Brewpubs) – add S in C-RB 722515 Specialty Snack Shops including Coffee Shops – add S in C-RB 81149 Boat Repair, Storage, and Maintenance – add S in C-RB, change A in C-HI to S 812111 Barber Shops – add S in C-RB 812112 Beauty Salons – add S in C-RB 812910 Pet Grooming Shops – change S to A in C-CB, C-HB, add A in C-OI Add 711310-05 Event Centers – add A in C-HB, S in C-RB 721211 RV Parks – change A to S in C-RB, C-CB, C-HB. Delete A from C-HI 721211 Campgrounds – change A to S in C-RB, C-CB, C-HB. Delete A in C-HI ---PAGE BREAK--- 95 42 Wholesale – add A in C-HI 423 Wholesale Building Supply – add A in C-HI 423140 Automobile and Other Motor Vehicle Merchant Wholesalers – add A in C-HI 423320 Brick, Stone, and Related Construction Material Merchant – add A in C-HI 4249 Wholesale Landscape Supply Yards (mulch, rock, pine straw, etc.) – add A in C-HI 493 Distribution Center – add A in C-HI 49311 General Warehousing and Indoor Storage including office/flex warehouse space – add A in C-HI 493120 Refrigerated Warehousing (Cold Storage) – add A in C-HI 493 General Warehousing (Outdoor Storage) – add S in C-RB, C-CB, C-HB, C-HI 812930 Retitle Parking Garages to be Parking for operable motor vehicles (cars, trucks, RV campers, boats) or Parking Garages – change A to S in C-IR, add S to C-RB, C-CB, C-HB Sec. 121-108. - Restrictions on particular uses. Self-service storage Storage facilities. 1. Storage Facilities shall mean mini-warehouses and storage yards, including building materials, timber and lumber, and shall include storage yards for boats, RVs, and self-service storage facilities. Commercial vehicle parking, including tractor-trailer parking, where there is no primary structure and parking is the primary use of the lot, is also classified as a storage facility. A special use is required in all commercial districts with the exception of C-PCD, where the use shall be prohibited. 2. In addition to standard commercial buffers, a 40 feet wide landscaped strip fronting the right-of-way shall be required. If abutting a commercial or industrial zoned property, the property shall include a 20 feet wide landscaped strip in the side and rear lot. All landscape strips shall have one tree planted every 20 feet, at least 8 feet tall at time of planting. If touching/adjoining single-family residential districts or uses, the applicable buffer still applies and shall remain undisturbed, in addition to a 6 feet tall fence to be installed at the buffer. 3. When filing for a Special use, the applicant shall submit a site plan showing all standard buffers and proposed landscaping, including types of trees to be used. Area. The minimum lot size for a self-service storage development shall be five acres. Storage unit specifications and uses. Individual storage units shall not be used for the storage of hazardous materials or toxic substances. The use of individual storage units for living, sales, or occupations is prohibited. Access. Access to self-service storage developments is limited to passenger vehicles and two-axle trucks. Interior drives between buildings shall be a minimum of 20 feet wide. Open storage shall not be visible from collector or arterial roadways. ---PAGE BREAK--- 96 ARTICLE V. - (MUV) MIXED USE VILLAGE USE DISTRICT Sec. 121-126. - Purpose The mixed-use village (MUV) district is established primarily to encourage the development of mixed- use developments consisting of both residential and commercial property. The MUV district development standards shall apply to any development that has not obtained a land disturbance permit or building permit at the time of adoption of this ordinance, September 18, 2025 with the exception of zoning conditions and/or variances that may apply to previously approved applications. For any MUV developments or properties for which permitting was obtained prior to this date, the applicable code standards for the district as of the date of initial permitting shall apply. The MUV district is intended to: Encourage the development of large tracts of land as planned, mixed use communities. Offer enhanced protection of natural resources and sensitive environmental features, including streams, water bodies, floodplains, wetlands, steep slopes, woodlands, and native plant communities. Encourage flexible and creative concepts in site planning. Preserve the natural amenities of the land by encouraging scenic and functional open space areas; and Provide for an efficient use of land. Sec. 121-128. - Land area. Land area for the MUV shall be 150 or more 300 to 1,000 acres in size. Sec. 121-129. - Density and lot sizes. The gross overall density of an MUV development shall not exceed 2.8 units per acre. The minimum lot size for single-family detached residential lots shall be 10,000 sqft. All residential units shall have a minimum size of 1,200 square feet of heated area. These standards cannot be varied. ; however, to promote innovative design, the intent of the MUV is to be density neutral. There is no specific lot size required or specified. Lot sizes shall be based on the development master plan presented to and approved by the Dawson County Board of Commissioners. Sec. 121-131. - Setbacks and buffers. The minimum setbacks shall be 20 ft front and rear; the maximum amount of eligible variance is to reduce to 15 ft. The minimum side yard setback shall be 10 ft; the maximum amount of eligible variance is to reduce to 7 ft. There shall be a minimum 50 ft undisturbed buffer around the entire perimeter of the development; said buffer must be shown on the master plan and this standard cannot be varied. Front, side and rear setbacks and land use buffer requirements shall be established as part of the master development plan. Sec. 121-137. - Architectural standards. ---PAGE BREAK--- 97 At least five exterior view plans for homes, duplexes, triplexes, and townhomes must be submitted to the Community Development Director or his or designee to be reviewed, approved, and used prior to issuance of final plat or building permit. Exterior view plans for apartment buildings must be submitted to the Community Development Director or his or her designee to be reviewed, approved, and used prior to issuance of final plat or building permit. The following standards shall be required: 1. The entire front façade of homes, duplexes, triplexes, quadplexes, and townhomes, with the exception of windows, doors, and accent features, shall be masonry brick or stone. 2. The first three feet in height of the sides and rear of homes, duplexes, triplexes, quadplexes, and townhomes shall consist of a masonry brick or stone water table. The remainder shall be a fiber- cement hardi-board product or similar appropriate product as approved by the Community Development Director or his or her designee. Vinyl, EIFS stucco, and metal siding shall be prohibited. 3. All sides of homes, duplexes, triplexes, quadplexes, and townhomes must have at least one window. At least one window per side shall be a minimum of two ft in width by three ft in height. 4. All homes, duplexes, triplexes, quadplexes, and townhomes shall have a covered rear patio, porch, or deck. The covering as well as the concrete slab shall be a minimum of 14 ft in length and 10 ft in depth. 5. At least fifty percent (50%) of all sides of apartment buildings shall be masonry brick or stone. The remainder shall be a fiber-cement hardi-board product or similar appropriate product as approved by the community development director or his or her designee. Vinyl, EIFS stucco, and metal siding shall be prohibited. 6. Use of materials for apartment buildings shall vary and not exceed fifty percent (50%) of any one type per building side. 7. All sides of an apartment building must have at least three windows, which shall be a minimum of two ft in width by three ft in height. As part of the concept plan approval process, the applicant shall provide preliminary information regarding the architectural theme of the community. Such preliminary information shall include drawings showing at least two elevations of typical proposed commercial buildings. As part of the master development plan approval process, the applicant shall submit information regarding intended architectural design for the community. Such information shall include at minimum a description of materials and colors of exterior of all buildings, and requirements (if appropriate) regarding porches and parking garages. Sec. 121-140. - Development schedule and progression of phase division or staging. Development of each village must be phased so that within the development schedule both residential and nonresidential spaces are designed for construction at the same time, as opposed to one or the other being built first. Development of each phase or section shall be permitted so that within phases or staging both residential and non-residential spaces are provided concurrently. In the event the proportion among the residential and non-residential becomes imbalanced permits will not be issued until the development activity is balanced. If significant modifications to the master plan are proposed, including but not limited to proposed changes by twenty-five percent (25%) or more of the number of residential units, type of uses, and/or mix of uses, a zoning case shall be required to amend the conditions of approval, to be reviewed by the Planning Commission and decided on by the Board of Commissioners in the same process as a rezoning application. A minor modification to the master plan, including but not limited to proposed changes of less than twenty-five percent (25%) of the number of residential units, type of uses, and/or mix of uses, shall not require a zoning case. ---PAGE BREAK--- 98 Sec. 121-141. - Pre-application meeting required; Community information and input meeting required. Prior to submittal of a rezoning or special use application for a development of 50 or more residential units, the applicant shall complete a pre-application meeting as well as a community information and input meeting per amendment standards of section 121-309. Sec. 121-142. – Traffic Impact Study. A traffic impact study shall be submitted to the Community Development Director or his or her designee for review prior to submittal of a rezoning or special use application; or prior to submittal of civil (construction) plans for any of the following: 1. Large scale developments which meet or exceed the thresholds of a Development of Regional Impact as defined by the Georgia Department of Community Affairs; or 2. Project includes 125 or more residential dwelling units; or 3. Contains more than 50,000 square feet of gross floor area. The traffic impact study shall be prepared, signed, and sealed by a registered professional engineer. Applicable documents used in the review of submitted traffic studies may include, but not be limited to, the Dawson County public works guide to traffic impact analysis and the current edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual. When a traffic impact study is required as part of a rezoning or special use application, the study shall be reviewed prior to the planning commission by a third- party engineer on behalf of the county. The review findings of the traffic impact study shall be included as part of the county staff analysis for review by the Planning Commission. The cost for the review of the traffic impact study by the third-party engineer shall be borne by the applicant. Sec. 121-168. - Nonconforming uses. Discontinuance of nonconforming uses. Any nonconforming use which is discontinued for a continuous period of one year two years shall not be resumed, and the premises shall be occupied only by a use which conforms to the use regulations of the district in which it is located. Continuance of a nonconforming building. A nonconforming building existing at the time of the enactment or amendment of this ordinance may be retained except as follows: a. 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. b. No building other than a single-family detached dwelling shall be rebuilt, altered, or repaired after damage exceeding 75 percent of its replacement cost at the time of destruction, except in conformity with this ordinance. Repairs and alterations necessary in the ordinary course and operation of a building or structure may be made to a nonconforming building or structure, except that no structural alterations shall be permitted, unless such structural change is for the purpose of conforming with the use of a nonconforming use, or to introduce new nonconforming uses are prohibited. A nonconforming sign shall not be replaced by another sign, except within the provisions of this article. The substitution or interchange of poster panels, boards or the like on nonconforming signs shall be permitted. Minor repairs and maintenance of nonconforming signs, such as repainting, electrical repairs and neon tubing shall be permitted. However, no structural repairs or changes in the size or ---PAGE BREAK--- 99 shape of the sign shall be permitted except to make the sign comply with the requirements of this article. c. A single-family residence may be rebuilt or replaced with the following limitations. A county permit for a conventional site-built single-family house or a manufactured home may be issued within one year or less of the date of demolition of the existing residence or date that the residence is moved off the property. The replacement single-family residence shall meet current county code standards including, but not limited to, minimum size and setbacks. After one year of property vacancy, the property shall meet all current use standards. No building except the replacement of an old or destroyed manufactured home with a new manufactured home when the manufactured home is the primary residence and occupied by the property owner. Sec. 121-170. Minimum number of off-street parking spaces required. The minimum number of required off-street parking spaces for each type of permitted use shall be as indicated below. For uses not specifically listed, the off-street parking requirements shall be those of the most similar use as determined by the Community Development Director planning director. The director may also reference the latest, ITE parking study. When the application of these parking requirements results in a fractional space requirement, the fractional space requirement shall be construed to mean one additional space. Table 3.4 Minimum and Maximum Number of Required Off-street Parking Spaces Number of parking spaces. The maximum and minimum number of spaces are to be provided in the following amounts per 1,000 square feet (sf) of gross floor area (GFA): Land Use Maximum Minimum Automotive and vehicle sales and service None 4 2 Bank None 4 2 Super Store discount, mercantile retail (60k+) None 4 2 Convenience market/store None 4 3 Drive-through restaurant None 8 2 Free standing retail None 3 2 General office building None 3 2 Gymnasiums, physical fitness, health spas, dance studio None 8 3 Hotels, motels, and extended stay hotels or motels None 1.5 per guest room 1.2 per guest room Industrial: Factory, manufacturing, processing, assembling None 2 1 Medical clinic/office None 6 3 Personal service None 3 2 Places of worship None 8 3 Restaurant, full service (sit-down) None 9 5 Shopping center None 5 3 Warehouse, storage None 1 1 Where parking requirements are not immediately determinable by the director from the submissions from the applicant, the director may require the applicant to prepare and submit a parking generation study at applicant’s expense. Many uses and mixed-use projects have a large variability in parking demand. At the expense of the applicant a parking To be determined by the director, based on a parking generation study by an engineering firm. ---PAGE BREAK--- 100 generation study may be required to validate the parking demand. Sec. 121-181. - Home-based businesses. New paragraph last area before item A home occupation is any business, occupation, or activity undertaken for gain or profit within a residential district, except agriculturally related uses, within a residential structure that is incidental and secondary to the use of that structure as a dwelling unit or within an accessory structure that is incidental and secondary to the use of that structure as attendant to a dwelling unit. A home office is an office use carried on by the occupant thereof that is incidental and secondary to the use of the structure as a dwelling unit that includes, but is not limited to, receiving or initiating correspondence, such as phone calls, mail, faxes or e-mail; preparing or maintaining business records; word and data processing; and telephone, mail, order, direct sales (by invitation only), and off premise sales. Operational standards for home offices: a. Operating hours. Customer/client visits to the home office are limited to the hours from 8:00 a.m. to 8:00 p.m., with no more than ten (10) customer/client visits per day. No more than two customer/client vehicles, with no more than five customers/clients, are permitted on site at any one time. b. Use Limitations. The home office must be entirely contained within the principal residence. Business activity must be incidental and subordinate to the existing residential use of the building. No retail sales, warehousing, or industrial activity is permitted on-site, excluding online sales. c. Employees. The number of non-resident employees on site at any one time shall be limited to one Employees not residing on the premises are prohibited from congregating or gathering at the home office. There is no limit to the number of remote/off-site employees, provided they do not report to or work from the home office. d. Vehicles. The home office shall be limited to the parking/storage of one commercial vehicle on the premises, not exceeding a one-ton capacity. Any commercial vehicle shall be stored such that the vehicle is not visible from a public street. Parking for all customers/clients/employee shall be restricted to the premises and shall not be permitted on public rights-of-way. The home office must accommodate on-site customer/client/employee parking. No vehicles or other receptacles used for the collection, carrying, storage or transport of commercial garbage, waste, trash or recycled material shall be parked or stored on the property. Examples of a commercial vehicle would include, but not be limited to, a heavy truck intended for the loading/hauling of materials and a vehicle designed for towing semi-trailers (tractor-trailer trucks). A passenger vehicle such as a Ford F-150 truck; Honda Civic car; or Toyota RAV-4 sport utility vehicle would not count as a commercial vehicle. e. Delivery vehicle. Deliveries are limited to passenger vehicles, mail carriers, and express carriers such as UPS and FedEx. ---PAGE BREAK--- 101 f. Nuisances. A home office may not result in any noise, vibration, dust, smoke, odor, glare or heat detectable beyond property lines. A home office may not produce any electrical or magnetic interference. A home office may not consume utilities at a rate that adversely impacts service to neighboring properties. A home office may not store or use hazardous materials in quantities exceeding those permitted by residential zoning regulations. g. Appearance. There shall be no exterior indication of the home office or variation from the residential character of the principal use. Special accessibility such as access ramps may be constructed in order to conform to building codes. No outside displays of sales items, products, or services may be used. All material stored on premises for the use of the home office shall be stored inside a building. All accessory structures shall meet the requirements set forth by the residential zoning regulations. h. Ownership. The business owner of the home office request shall occupy the dwelling as a principal residence. Operational standards for home occupations. The following are operational standards for home occupations: a. Operating hours. Customer/client visits to the home occupation are limited to the hours from 8:00 a.m. to 8:00 p.m. The home occupation shall not generate more than ten customer/client visits in any one day nor more than five customers/clients at any one time nor more than two customer vehicles at any one time. b. Employees. The home occupation shall have no more than one non-resident employee on the premises at any one time. The number of nonresident employees working at locations other than the premises of the home occupation is not limited. c. Off-premises employees. Employees of the home occupation shall not congregate on the premises for any purpose concerning the home occupation. d. Vehicles. The home occupation shall be limited to the parking/storage of one commercial vehicle on the premises, not exceeding a one-ton capacity. Any commercial vehicle shall be stored such that the vehicle is not visible from a public street. Parking for all customers/clients/employee shall be restricted to the premises and shall not be permitted on public rights-of-way. The home occupation shall allow for on-site customer/client/employee parking. Examples of a commercial vehicle would include, but not be limited to, a heavy truck intended for the loading/hauling of materials and a vehicle designed for towing semi-trailers (tractor-trailer trucks). A passenger vehicle such as a Ford F-150 truck; Honda Civic car; or Toyota RAV-4 sport utility vehicle would not count as a commercial vehicle. e. Delivery vehicle. Goods delivered to the home occupation business are limited to passenger vehicles, mail carriers, and express carriers such as UPS and FedEx. Deliveries shall be permitted only between 8:00 a.m. and 8:00 p.m. f. Nuisances. The equipment used by the home occupation and the operation of the home occupation shall not create any vibration, heat, glare, dust, odors, or smoke discernible at the property lines at any time and shall not generate any discernible noise at the property lines from 8:00 p.m. to 8:00 a.m. and shall not create any electrical, magnetic or other interference off the premises, consume utility quantities that negatively impact the delivery of those utilities to surrounding properties, or use and/or store hazardous materials in excess of quantities permitted within residential structures. g. Appearance. There shall be no exterior indication of the home occupation or variation from the residential character of the principal use. Special accessibility such as access ramps may be constructed in order to conform to building codes. No outside displays of sales items, products, or services may be used. All material stored on premises for the use of the home occupation shall be ---PAGE BREAK--- 102 stored inside a building. The following shall not be permitted to be stored outside of a principle or accessory structure: equipment, materials or other products used as part of the home occupation. h. All accessory structures shall meet the requirements set forth for the residential district. i. No vehicles or other receptacles used for the collection, carrying, storage or transport of commercial garbage, waste, trash or recycled material shall be parked or stored on the property. j. Ownership. The business owner of the home occupation request shall occupy the dwelling as a principal residence. (10) Notification. At least 10 days before issuance of an occupational license for a home occupation, the applicant or licensee shall mail, by certificate of mailing, submit forms provided by the county to notify, in writing, all adjacent and adjoining property owners per county tax assessors records as of the date of the application. The licensee shall provide proof of certificate of mailing to county staff documentation as to the completion of this notification before issuance of an occupational license for a home occupation. The 10 days shall be counted from the date of mailing of the notice. A. Notification shall include, at minimum, what type of home occupation the licensee is requesting, when the home occupation may begin, the nature of the occupation, and the hours of operation. 121-181 (10) – Delete. Sec. 121-267. - Purpose. The purpose of a variance is to grant relief that relaxes the dimensional requirements of this Code to allow construction in a manner that would otherwise be prohibited by this Code. Variances cannot be granted to density or to lot size or to permitted and prohibited uses. A variance shall not be granted to eliminate a requirement. Sec. 121-268. - Application for variances. All applications for variances must be in accordance with the procedures in this article, and it shall be the responsibility of the applicant to see that these procedures and required information are completed. The variance must specify which standards and requirements are to be varied from and by which amount (increase or decrease). County initiated applications are exempt from these requirements. Form. All applications shall be submitted using the appropriate application form as specified by the Community Development Department. Review of application completeness. Upon submittal, each application shall be subjected to a review of application completeness prior to being officially accepted by the county. An application shall be considered complete if it is submitted on the required form, includes all submittal information, including all exhibits specified by the Community Development Director or his or her designee, and accompanied by the application processing fee as adopted by the Board of Commissioners and as may be revised periodically. The review of application completeness shall be conducted by county staff within seven business days of the submittal deadline. If the county staff determines the application is complete, the application shall be processed pursuant to this chapter. If the county staff determines that the application is incomplete, county staff shall notify the applicant of that fact via the contact information provided and specify the ways in which the application is deficient. All incomplete applications shall receive no further processing until the deficiencies are corrected. All fees are nonrefundable once the application has been determined complete. Boundary survey. All applications shall be accompanied an accurate boundary survey of the subject lot/parcel prepared by a registered land surveyor. A previously prepared boundary survey or recorded plat shall be acceptable as long as the survey or plat depicts an accurate boundary of the lot/parcel. ---PAGE BREAK--- 103 Site plan. All applications shall be accompanied by a site plan which shall at a minimum contain the following information as applicable: a) Lot or tract dimensions with required and proposed setbacks shown. b) Required and proposed buffers. c) Required and proposed landscape areas, common areas, and open space. d) Square footage and use for each proposed structure, e) Location and use of all existing structures on the subject property. f) Existing zoning districts of the subject property and touching/adjoining properties. g) Layout of any proposed internal streets, alleys, lots, and pedestrian circulation systems. h) Existing and proposed right-of-way locations and dimensions and names of all roads and streets bounding the subject property. i) Driveways and parking areas. j) Tax map/parcel number and owner name of subject property and all abutting property owners as shown on current county tax map records. k) Preliminary locations of environmental conditions such as streams, wetlands, watershed protection districts, flood hazard areas, river corridor boundaries, and groundwater recharge areas. l) Confirmation of paid taxes. A copy of the paid tax receipt for subject property or a statement by an official in the tax commissioner's office or other official document issued by the tax commissioner's office indicating taxes have been paid for the last year. m) Letter of intent of the proposed variance(s) citing the applicable county code sections. Sec. 121-268. - Conditions. Reasonable conditions may be imposed in connection with a variance as believed necessary to protect the best interests of the surrounding property or neighborhood, and otherwise secure the purpose and requirements of this article. Guarantees and evidence may be required that such conditions will be and are being complied with. The planning commission is responsible for considering and making recommendations on applications for variances. Variances apply only to the land use standards and requirements specified for each district. They do not apply to other provisions of this chapter. The variance must specify which development standards and requirements are to be varied from. It must specify alternative standards and requirements to be met, replacing those varied from. Sec. 121-280. – Administrative Adjustment. If, in the judgment of the Community Development Director or his or her designee, the application of any particular numeric criteria, standard or requirement of chapter 121 (land use) causes undue hardship on the applicant, the Community Development Director or his or her designee shall be empowered to grant an administrative adjustment to adjust said requirement by a maximum of twenty percent The purposes of the ordinance shall not be impaired, and there shall not be a negative impact on the surrounding uses, properties, or neighbors. The Community Development Director or his or her designee shall not be authorized to grant a use in a district in which the use is prohibited. The applicant shall mail notice of a proposed administrative adjustment, per forms provided by the community development department and reviewed by county staff, by certificate of mailing to all adjacent and adjoining property owners per county tax assessors records as of the date of the application. The notice shall describe the adjustment and state that interested parties have 15 days in which to file an appeal of the ---PAGE BREAK--- 104 decision. Proof of certificate of mailing shall be submitted by the applicant to the Community Development Department. The 15 days shall be counted from the date of mailing of the notice. Appeals shall be filed with the community development department based on appeal forms maintained by county staff. An appeal shall be heard by the Planning Commission in the same manner as a variance. If an appeal is not filed, the Community Development Director or his or her designee shall issue a notification of written approval to the applicant after the 15 day notification period. The purpose of the administrative adjustment is to address particular hardship situations of individual lots and parcels. The purpose is not to grant a wholesale adjustment for an entire subdivision or development. For any residential subdivision or development of 50 units or more, no more than ten percent (10%) of the units can receive the same administrative adjustment. Any greater request must seek a variance. Similarly in non-residential development, the administrative adjustment should be applied only when necessary for a hardship situation such as topography concerns. Sec. 121-309. – Purpose, Pre-application meeting, and Community information and input meetings. The purpose of this article is to set forth required procedures for amendments to this chapter, including authorization to initiate amendments; public hearings on proposed amendments; application for amendments; guidelines to be considered in granting amendments; records of amendments; and limitations on re- applications. Pre-application meeting prior to any submittal. Any person considering submitting a rezoning or special use application for a proposed residential development of 50 units or more, as well as a proposed commercial or industrial development, shall first hold a meeting with the community development director or his or her designee prior to submitting such application. The purpose of the pre-application meeting is to communicate the intent to seek a change of zoning, to understand the documents, the timeline and the responsibilities for submitting a complete application. Other department representatives may attend the meeting to provide input comments to the applicant. The meeting is required as a courtesy for applicants and to provide a forum for applicants to ask questions and learn more about the requirements related to the application. However, staff comments provided at such meeting do not relieve the applicant from being responsible for compliance with all aspects of the county's ordinances, even in the absence of comments related to an issue being provided by staff. Each applicant has the burden to know and become familiar with the county's ordinances and to comply therewith in pursuit of the application, irrespective of staff comments offered during the meeting. Community information and input meeting (if required). Applicability. This requirement for a community information and input meeting applies only to rezoning applications for a residential development of 50 or more units. Failure to comply with the community information and input requirements herein will result in a request by staff to postpone the case until such time as the applicant demonstrates compliance. Purpose. Applicable applicants, as defined above, shall host a community information and input meeting after the proposed project has been presented in a pre-application meeting. The purpose of the meeting is to ensure early and effective communication with nearby property owners and interested citizens, giving them the opportunity to understand the proposed request for a change of zoning and to mitigate any impacts such proposal may have on the community. Community information and input is intended to facilitate fair, open and honest discussions between an applicant for rezoning or a special use permit, and citizens. Emerging out of these discussions should be a better understanding of the issues and an atmosphere for informed decision making. The desired ---PAGE BREAK--- 105 outcome is for citizens and the applicant to work together to refine the proposal to mitigate any impacts the proposal might have on the surrounding community. Scheduling. No community information and input meetings shall be scheduled by any applicant on a weekend, on a regularly scheduled planning commission or board of commission meeting date, on a holiday recognized in the board of commissioner's holiday schedule, or from the Monday prior to Thanksgiving Day to the following Sunday, or from December 20th to January 3rd. No community information and input meetings shall be scheduled earlier than 6:00 PM. Notification letters, area for mailing, and timing. Notification letters shall be mailed by certificate of mailing from the applicant at least 15 days prior to the scheduled meeting. The applicant shall include said certificates with the rezoning application. At a minimum, the notification letters must be sent to property owners within the following notification target area: All properties that lie within 500 feet of the legal boundary of the subject property. The basis for this target area is to provide an expanded notification area beyond the legal notification required for rezoning requests (adjacent properties) to enhance community information and input opportunities. a. Contents of community information and input notification letter. The notification letter shall meet the requirements as set forth by the staff of the community development department. b. Meeting protocol. i. The meeting location shall be held at a public facility near the community for which the applicant is seeking the rezoning request. The meeting location shall be within a five-mile radius from the location of the subject property. If no such facility is available, the applicant may propose an alternate location to be approved by the Community Development Director or his or her designee prior to mailing of the notice. ii. The applicant or authorized representative shall be available to answer questions of the general public for at least 30 minutes, and is encouraged to make a short presentation of the project to those present. iii. The applicant or authorized representative shall provide the following material for the general public to view at the meeting: 1. Dawson County Future Land Use Map and Zoning Map information for the subject property and nearby area. 2. Proposed concept site plan. 3. Contact information for the applicant or authorized representative. 4. Contact information for the Dawson County Community Development department. c. Community information and input meeting summary. The applicant shall prepare a written summary report on the results of the community information and input meeting and submit this information, along with a copy of all certificates of mailing for each notification letter, to the staff of the community development department for submission with the rezoning application. Sec. 121-310. - Authorization to initiate amendments and limitation on number of applications. The request by a property owner for an amendment shall be accomplished by filing an application with the county using forms prescribed by the county. There shall be a maximum of one residential development rezoning that includes 50 or more units allowed per month. There shall be a maximum total of five rezoning and special use applications allowed to be heard by the Planning Commission per month. This number shall not include variance applications, which are also heard by the Planning Commission. All applications for amendments shall first be reviewed by the Planning Commission. The Planning Commission shall conduct a public hearing in accordance with the Georgia Zoning Procedures Law, as ---PAGE BREAK--- 106 amended. After the public hearing, the commission's recommendation and meeting minutes shall be provided in writing to the Board of Commissioners of Dawson County. Sec. 121-339. - Powers of the Community Development planning Director. The Community Development planning Director has the authority and responsibility to provide the following services: Provide information concerning the requirements of this chapter and require compliance with these requirements. Issue permits under the conditions and procedures required by this chapter. Dispense and receive applications as required by this chapter. Determine the applicable district, uses, and standards for a particular parcel of land. Provide assistance and guidance to applicants concerning compliance with this chapter. Collect, receive, disburse, and account for fees and monies as required under the provisions of this chapter. Serve as the secretary of the Planning Commission when appointed. Act as liaison for the Planning Commission with other officials. Maintain official records and perform administrative duties required in the execution of the provisions of this chapter. (10) The Community Development planning Director is charged with interpretation of the land use resolution. Sec. 121-340. - Powers of the Planning Commission. The Planning Commission has the authority and the responsibility to provide the following services: Review and recommend action to the county Board of Commissioners concerning applications of rezonings and special uses under the provisions of this chapter. Review and render decisions concerning variances and appeals of staff determinations; and, as well as recommend action to the county board of commissioners concerning variances and amendments to this chapter. Conduct public hearings as required under the provisions of this chapter. Propose amendments to this chapter. Provide general information concerning the application and administration of this chapter. ---PAGE BREAK--- 107 Provide review and recommendations concerning appeals of actions of its decisions to the county board of commissioners. Sec. 121-341. - Powers of the county Board of Commissioners. The county Board of Commissioners has the authority and responsibility to provide the following services: Render official decisions concerning the recommendations of the Planning Commission, in relation to actions within the scope of this chapter. Hear and decide appeals of actions of the planning director or the Planning Commission. Establish fees for actions, permits, or services under this chapter. Conduct public hearings related to the administration of this chapter. Require special measures to separate the use from surrounding uses, to minimize the offensive nature of the activity or prevent a violation of State or local law. In such cases, the commission may require conditions of zoning including but not limited to buffers, screens, barriers, greater setbacks, or other measures to appropriately ameliorate that use. Provide for enforcement of the provisions of this chapter. Conduct public hearings related to variances to road and street requirements. Conduct public hearings related to county-initiated land use amendments. Sec. 121-373. - Notices and hearings. All proposed amendments, whether an amendment to text or a modification of districts or permissive uses, as well as applications for variances, shall be submitted to the Community Development planning Director in accordance with the submittal deadline established by the Community Development planning Department. The Planning Commission shall conduct a public hearing regarding the request. County initiated applications are exempt from these requirements but shall otherwise follow all requirements of the Georgia Zoning Procedures Law. After conducting the public hearing hearing testimony from all interested parties, the Planning Commission shall have 45 days within which to submit a recommendation and a statement of findings unless such period of time is extended upon the request of the applicant and the approval of the Planning Commission. If the Planning Commission fails to submit a recommendation and a statement of findings within the specified time period, then the Planning Commission shall be deemed to have recommended denial of denied the proposed amendment or request. Any decision of the Planning Commission that is not automatically placed upon the agenda of the county Board of Commissioners pursuant to the terms of this resolution may be appealed directly to the county Board of Commissioners within ten days of such decision by filing a written notice of appeal with the Community Development planning Director; otherwise, such decisions shall be final. An appeal of a decision of the Planning Commission specific to the standards of chapter 121 (land use) shall only be made by an aggrieved applicant. An aggrieved neighboring property owner may not appeal a decision of the Planning Commission to the Board of Commissioners. ---PAGE BREAK--- 108 The applicant shall notify the director of Community planning and Development of its desire to appeal the decision of the Planning Commission. The Planning Commission shall notify the county Board of Commissioners of the applicant's desire to appeal and shall arrange with the county Board of Commissioners a suitable hearing date. The Board of Commissioners shall consider recommendations and findings of the Planning Commission at a public hearing on the date advertised at which time all parties shall have an opportunity to be heard regarding the request. The proponent shall have a minimum time period of ten minutes to present data, evidence, and opinions, and an equal minimum time period of ten minutes shall be permitted for presentation by opponents of each request. No amendment, supplement, change, or appeal by the county Board of Commissioners shall be effective unless such decision is approved after a public hearing. At least 15 30 but not more than 45 days-notice before the date of the hearings by the Planning Commission and the county Board of Commissioners, the county shall publish a notice of the hearing within a newspaper of general circulation within Dawson County. The notice shall state the time, place, and purpose of the hearing. If the action for which the hearing is conducted is for amending the land use district map by reclassification of property and is initiated by a party other than the county, the notice in addition to the previously noted requirements of paragraph above, shall include the location of the property and the proposed change of classification, and a sign containing information specified herein and any other information specified by the Planning Commission shall be placed on the property not less than 15 days before the date of the hearing. For all proposed rezoning, special use, and variance applications, at least 15 days but no more than 45 days prior to the meeting of the Planning Commission, the applicant shall send notification mailings to all adjacent and adjoining property owners of record based on the county tax assessors records as of the date of the application. Said notification shall include a form provided by the staff of the Community Development Department (or, in the alternative, a letter of explanation submitted by the applicant and approved by the county staff); a copy of the subject property recorded plat or concept site plan; and other applicable information that the applicant may desire to include such as example architectural renderings. Prior to the Planning Commission meeting, the applicant shall provide proof of certificate of mailing to staff of the county staff. Before each hearing, a notification shall be sent by Dawson County to the owner of the subject property and each adjoining property owner within Dawson County by regular mail sent to the address provided by the applicant or the address as shown on the current tax records. The notice shall be mailed within a reasonable time before the meeting. Sec. 121-399. – Definitions. Accommodation rental event centers are business operations that include facilities designed to host a variety of events such as weddings, family gatherings, photography sessions, and other social gatherings. These centers are equipped with amenities to serve the needs of attendees such as accommodations, whether a single-family residence or a hotel or motel. Accommodation rental event centers may include open spaces that can be customized to meet the specific needs of the event. These centers may offer a range of services including but not limited to catering and event planning. Event centers are business operations that include facilities designed to host a variety of events such as weddings, family gatherings, photography sessions, and other social gatherings. These centers are equipped with amenities to serve the needs of attendees such as accommodations. Event Centers include open spaces ---PAGE BREAK--- 109 that can be customized to meet the specific needs of the event. Event centers may offer services including but not limited to catering and event planning. Sec. 129-32. – Definitions. Permanent window signs shall mean any letters, words, or symbols which are displayed on and permanently attached to the window glass of a structure or displayed permanently within the building but visible through the window primarily to attract the attention of the passing public. Such signs shall be deemed wall signs. Sec. 129-54. - Sign maintenance. Any sign not meeting the following provisions shall be repaired or removed within 30 days after the receipt of notification by certificate of mailing by the Community Development Director county manager or designee or his authorized representatives. Undergrowth vegetation around the sign shall be properly maintained. All damaged panels that create a safety hazard or detract from the surrounding aesthetics must be replaced as soon as they are discovered. All sign copy shall be maintained securely to the face, and all missing copy must be replaced. All structural defects that create a safety hazard shall be repaired. Cracked or peeling paint on the face or supporting structure shall be refurbished and/or repainted. Sec. 129-93. - Removal. All signs erected after the effective date of this chapter that are non-conforming under this chapter or any sign which has been modified as contemplated by sections 129-92(a) or shall be removed within 90 days of notice by certificate of mailing by the Community Development Director county manager or designee in accordance with enforcement provisions of this chapter. Sec. 129-117. – Prohibited signs. (16) Temporary signs on the inside of windows that cover more than 25 percent of the total window area. Sec. 129-171. – Performance standards for temporary signs. Window signs: delete a. and b. Sec. 129-199. - Entrance signage. By permit only if a tract or parcel of land has been developed to create a residential subdivision and is adjacent to a collector road, as opposed to a major arterial road. a. One freestanding monument sign is allowed at each entrance from the primary roadway. Sign face shall not exceed 36 square feet with a maximum of eight feet in height overall. The sign shall be set back ten ---PAGE BREAK--- 110 feet from any road right-of-way. Illumination will be allowed by indirect lighting only. Signage must be maintained by the property owner's association or sign owner; or b. Two freestanding monument signs, one on either side of the entrance from the primary roadway. Sign faces not to exceed 20 square feet each with a maximum of six feet in height. The sign shall be set back ten feet from any road right-of-way. Illumination will be allowed by indirect lighting only. Signage must be maintained by the homeowner's association or sign owner. There shall be a minimum 100-foot separation between signs at each entrance. If signage is not maintained, then the provisions of article III section 129-54 shall be applied. No signs are permitted on islands within a public right-of-way. Interior phased entrance signage shall be allowed for phases or sections within large residential developments or subdivisions with 150 or more units. One freestanding, one-sided monument sign shall be allowed at each phase or section entrance within a large residential development or subdivision. Said sign face shall not exceed 32 square feet with a maximum of six feet in height for the entire structure. The sign shall be on private property, at least 10 ft from the interior road right of way, and cannot conflict with utilities, easements, or sight visibility. Said sign shall be constructed on a base of brick or stone. Sec. 129-223. - Freestanding permanent signs. Freestanding permanent signs are signs wholly supported by their structure and completely separate from a commercial building. Planned center. a. One freestanding permanent sign per street frontage will be allowed, for each frontage equal to or greater than 200 feet in length. The sign face shall not exceed 100 square feet. An exception shall be that, in the Entertainment Overlay District, there shall be a maximum of five freestanding signs and each freestanding sign face in the Entertainment Overlay District shall have a maximum of 400 square feet. The sign shall be constructed of material such as brick, stone, stucco or similar material consistent with the architecture and exterior treatment of the building(s). b. The sign shall have a maximum height of 20 feet with the exception that freestanding signs in the Entertainment Overlay District shall have a maximum height of 25 feet. However, up to an additional ten feet in height may be added resulting in a total maximum height of 30 feet if the base of the sign is below the grade of the adjoining road as calculated at a one-foot rise of sign height per one foot drop from road grade elevation. c. Any and all structural components shall be fabricated or covered so that such components may not be detected visually. d. The width of a monument sign shall not exceed the width of the supporting structure. e. The copy area of freestanding signs shall not exceed 75 percent of the sign area. The copy area shall be measured by the smallest geometric form that encompasses it. f. Changeable copy signage may be used, but the sign counts toward the total sign area allowed. ---PAGE BREAK--- 111 g. The sign shall include the street address for the project. The maximum copy area does not include the street address. h. All signs shall be located in such a way that they maintain horizontal and vertical clearance from all overhead utilities in accordance with the International Electrical Code specification. In no case shall any sign be installed within five feet horizontally or vertically from an overhead utility line or utility guy wire. i. To ensure visibility, the copy of the sign shall be no less than five feet above grade. Outparcels and individual lots. a. Signs shall be limited to ground-mounted type signs. The base and sign structure shall be constructed of materials such as brick, stone, or similar materials consistent with the architecture and exterior treatment of the building. b. The area of the sign face shall be a maximum of 48 square feet per side. c. The sign shall have a maximum height of ten feet. However, up to an additional five feet in height may be added resulting in a total maximum height of 15 feet if the base of the sign is below the grade of the adjoining road as calculated at a one-foot rise of sign height per one-foot drop from road grade elevation. d. Structural poles used in the construction of said sign shall be wrapped with either brick or stone which shall be at least four feet in width on the sides of the sign intended for viewing. The pole wrap shall not be used as part of the sign face for the copy. e. Changeable copy signage may be used but will count towards the sign area allowed. f. For individual lots and outparcels, only one freestanding sign shall be allowed. g. All signs shall be located in such a way that they maintain horizontal and vertical clearance from all overhead utilities in accordance with the International Electrical Code specification. In no case shall any sign be installed within five feet horizontally or vertically from an overhead utility line or utility guy wire. h. To ensure visibility, the copy of the sign shall be no less than four feet above grade. Sec. 129-224. – Wall signs and canopy signs. Wall signs for multi-tenant buildings. a. Two wall signs shall be permitted per street frontage or entrance. b. a. Only one wall sign shall be permitted per tenant space with the following exception: in the Entertainment Overlay District, the maximum number of wall signs allowed per tenant space shall be three Sec. 129-246. - Purpose. ---PAGE BREAK--- 112 Variances to the sign chapter are granted for specific proposals to increase or decrease a numeric value of this chapter based on proof of hardship to the applicant. A variance shall not be granted to eliminate a requirement. The variance process shall be that of sections 121-267 through 121-279. Variances to the sign chapter are granted for specific waiver or release of a requirement of this chapter based on proof of hardship to the applicant. Sec. 129-304. - Appeals process. If an applicant or permittee desires to appeal any decision or action of the Community Development Director or his or her designee, then the applicant or petitioner shall notify the Community Development Director or his or her designee in writing based on a form provided by the county staff within ten (10) calendar days of the action or decision. The appeal shall be heard by the Planning Commission. The applicant or petitioner shall attend the Planning Commission meeting; failure to appear may result in the item being tabled or denied. The review process for time for each side to present findings shall be the same as that of a variance. The Planning Commission shall render a decision at the same meeting unless specific reasons are cited to table the appeal to the next scheduled meeting. If an applicant or permittee desires to appeal any decision or action of the Planning Commission, then the applicant or petitioner shall notify the Community Development Director or his or her designee in writing based on a form provided by the county staff within ten (10) calendar days of the date of decision or action of the Planning Commission. Upon receipt of the notice, the Community Development Director or his or her designee shall submit the information to the Board of Commissioners to be placed on the next applicable meeting agenda. The applicant or petitioner shall attend the Board of Commissioners meeting; failure to appear may result in the item being tabled or denied. The Board of Commissioners shall render a decision at the same meeting unless specific reasons are cited to table the appeal to the next scheduled meeting. Failure to render a decision by the Board of Commissioners shall constitute a denial of the appeal. Any person aggrieved by the decision of the Board of Commissioners may appeal such decision to the Superior Court of Dawson County. If an applicant or permittee desires to appeal any decision or action of the county manager or designee or its authorized representative then the applicant or petitioner shall notify the county manager or designee of Dawson County in writing within ten days of the date of the action or decision. Upon receipt of the notice, the board of commissioners shall set an appeal hearing date regarding the appeal within 45 days of such notice and shall notify the applicant or permittee in writing by first class mail and shall render a decision within 60 days of such notice. Sec. 129-330. - Abandonment. An abandoned sign must be removed within 45 days from the date official notice is given by the Community Development Director county manager or designee, the county Code Compliance Officer marshal, or the Board of Commissioners to the owner by certified mail to the last known address. If an abandoned sign is not removed within 60 days of the receipt of the official notice or if said notice is returned undeliverable, then the county may remove such sign. Sec. 133-5. - Scope. Applicability of regulations. No person shall divide or subdivide, recombine or cause a subdivision to be made, by deed or plat, of any parcel of land located within the boundaries of Dawson County, without complying with these regulations. Notwithstanding the foregoing, a single lot or parcel of land ---PAGE BREAK--- 113 may be divided into not more than two parcels if the division of such single lot into two parcels conforms to the applicable zoning district, does not obstruct natural drainage or a planned major highway, and does not adversely affect an adopted plan. Any owner or developer of any tract of land situated within Dawson County who subdivides a tract of land shall cause a plat of such subdivision to be made and recorded in the office of the Clerk of the Superior Court of Dawson County, Georgia. No such plat of subdivision shall be filed or recorded unless and until the plat shall have been submitted to and approved in accordance with these regulations. These regulations shall not affect any private easement, covenant, agreement, or restriction; and the responsibility of enforcing such private easement, covenant, agreement, or restriction shall be the sole responsibility of affected private parties. When these regulations call for more restrictive standards than those required by private contract or contracts, the provisions of these regulations shall control. Recombinations. The combination or recombination of portions of previously approved platted lots where the total number of lots are not increased and the resultant lots are equal to the standards herein and are in compliance with the land use resolution shall be exempt from the subdivision provisions of these regulations. A plat showing parcels to be combined shall be submitted to the Community planning and Development Department for review and approval. The subdivider shall file the plat with the Clerk of the Superior Court of Dawson County, Georgia. Sec. 133-59. - Plat approval procedures. Plats shall be submitted to the Community planning and Development Department. The Community Development planning Director and the Public Works Director shall review the submitted plat for compliance with these regulations. For all plats that do not propose any new public roads or other public facilities, if the plat complies with these regulations, the Community Development planning Director or his or her designee and public works director shall execute a certification indicating such compliance on the face of the plat and return the plat to the applicant for recording. If the plat does not comply with these regulations, the plat shall be returned to the applicant with comments reflecting why the plat did not comply with these regulations. For all plats that propose new public roads or other public facilities to be accepted by the county, a. If the plat complies with these regulations, the Community Development planning Director and Public Works Director shall execute a certification indicating such compliance on the face of the plat and shall then request that the Board of Commissioners place the item on its next available agenda to consider approval of the plat and acceptance of the offered public roads and facilities. The Board of Commissioners shall then consider whether or not to approve the final plat, including the offered dedication of public roads and facilities identified on the plat. The Board of Commissioners shall not be obligated to accept any offered dedication. 1. If the Board of Commissioners approves the plat and accepts the offered dedications, the chairman of the Board of Commissioners shall execute a certification of the approval on the face of the plat. 2. If the Board of Commissioners rejects the offer of dedication of new public roads or other public facilities, the plat shall be returned to the applicant along with notification that the board of commissioners rejected the offer of dedication. ---PAGE BREAK--- 114 b. If the plat does not comply with these regulations, the plat shall be returned to the applicant with comments reflecting why the plat did not comply with these regulations. The county is not responsible for recording any approved final plat. Sec. 133-62. - Privately maintained streets or roads. The following statement shall be placed on all plats identifying privately maintained roads: "The roads, streets identified as "privately maintained" are private ways and are not maintained by state, county, city or other public agencies. Maintenance of these private ways shall be the responsibility of an established homeowners association or related private organization." All roads or streets not accepted by the county shall be designated as "privately maintained." For subdivisions with privately maintained roads the final plat shall include a statement regarding whether such roads have specifically been approved by the board of education and post office. All private streets and roads shall be constructed to public street and county road standards. In all new proposed subdivisions, neighborhoods and developments where roads are to be privately maintained, a mandatory property owners association or related organization shall be established prior to approval of the final plat in order to administer at the associations expense, the maintenance and final construction of the privately maintained road(s), and storm drainage system. Ownership of the privately maintained roads shall be transferred to the homeowners association, property owners association, or other private organization and created as a separate lot / parcel. Prior to approval of the final plat for a major subdivision with privately maintained roads and facilities, the developer shall submit a copy of a completed certificate of development conformance (CDC package) and post a guaranty bond or other surety as approved by the governing body in an amount equal to 100 percent of the development costs of the streets, curbs, storm sewer conveyances and other public facilities. Said bond shall be payable to Dawson County and shall, at a minimum guarantee that said streets, curbs, and storm sewer conveyances will be installed in a workmanlike manner, and that same will be free from defects caused by faulty material or workmanship. Said bond or other surety shall be subject to call by the county, and shall not be released, until at least 85 percent of the homes in the subdivision have received certificates of occupancy and the public works director has performed an inspection and determined that the streets, curbs and storm sewer conveyances meet all county requirements. In addition, the developer shall also post a guaranty bond or other surety as approved by the governing body in an amount equal to 100 percent of the reasonable cost of maintenance of the streets, curbs, and storm sewer conveyances, as reasonably estimated by the public works director, payable to Dawson County and guarantying that said street, curb, and storm sewer conveyances will remain in acceptable condition for a period of 18 months following the release of the performance bond described above (upon final completion of the streets, curbs, and storm sewer conveyances as determined by the public works director) and subject to passing a further inspection to ensure compliance with county regulations referred to as a Maintenance Bond. If, before the end of the 18-month period, the streets, curbs, or storm water conveyances are found to have settled or be otherwise unacceptable because of faulty workmanship or material or are otherwise not in an acceptable condition, said defective street, curb, and storm water conveyances shall be repaired by the developer. If the repair is not performed by the developer, the county may, but shall not be required to, call the bond and perform the required maintenance. Notwithstanding the county performing such work pursuant to this provision, the roads shall not be deemed to have been dedicated to, nor accepted by, the county. ---PAGE BREAK--- 115 Sec. 133-86. - Submittal of concept plan. When review of a concept plan is required by these regulations, the sub-divider shall submit the following to the planning and development department: The concept plan shall include the following; a. A drawing of the subject district and immediate surrounding area, drawn to scale of one inch equals 100 feet. The planning director may allow a smaller scale if deemed to be legible. b. A date, scale and north arrow. c. The proposed land use, zoning, building outline and maximum proposed height of all buildings and structures as it would appear should the rezoning application be approved. d. The present zoning classification of all adjacent parcels. The proposed location of all drives, streets, off- street parking and loading areas, and entry/exit points for vehicular traffic, using arrows to depict direction of movement. e. Approximate location of point of access to public sewer where appropriate or septic tank and drain field lines, sewage plant if planned, storm water detention structures, lakes, ponds and any other improvements. f. Location and elevation of the 100-year floodplain on the property subject of the proposed zoning. g. Acreage of property and proposed number of residential lots, dwelling units, or manufactured home spaces, if applicable. h. For multifamily developments, the minimum size of each type of dwelling unit (efficiency, one-bedroom, etc.) and the number of dwelling units by such type in each building. i. Driveways, streets, streams, and trails on all adjacent and abutting properties that may have an impact on the design of the subject property. j. Traffic Impact Analysis (TIA) if required or meets the threshold for requirements. k. Stormwater Management Concept Plan in accordance with Georgia Stormwater Manual. Sec. 133-91. - Preliminary plat specifications. The preliminary plat shall conform to the specifications in the in the latest copy of the checklists available from the county's website and contain the following required information: Cover sheet with applicable notes including notes regarding private/public roads. Preliminary plat including lots, streets and utility layout. Hydrology study in accordance with county stormwater regulations. Grading and drainage plans. ---PAGE BREAK--- 116 Erosion, sedimentation control and pollution prevention plans. Disclosure statement regarding future ownership and maintenance intentions of roads. Street or common driveway plan and profiles (showing existing utilities). Sanitary sewer plan and profiles. Storm drainage profiles. Water distribution plan. (10) Standard Details. Sec. 133-111. - Application for final plat approval. After the preliminary plat of a proposed land subdivision has been given approval by the Community Development planning Director and the Public Works Director, the sub-divider may, within one year from approval, submit to the Community Development planning Director and the Public Works Director: Electronic and hard format copies Four paper copies of the final plat and other documents, as may be specified; and the original tracing or reproducible print thereof drawn in permanent ink or equivalent on film, which is to be returned to the sub-divider. A final plat filing fee as approved by the Board of Commissioners. A complete disclosure on how all utilities, roads, and amenities are to be maintained, e.g., department of housing and urban development property report, plus information requested as a result of findings during preliminary review. As-builts, also known as Record Drawings, upon completion of stormwater ponds, storm drainage pipes, streets, sewers and water mains. As-builts shall be in digital format bearing the signature of the design engineer and noted as field verified for the County GIS use. As-builts upon completion including stormwater ponds, storm drainage pipes, streets, sewers and water mains. Executed Stormwater Maintenance Agreement and, if the roads are private, an executed Roadway Maintenance Agreement either recorded independently or included in the Final Plat, binding all subsequent owners of the site, that guarantees responsibility for the operation and maintenance of the stormwater system and private roads and streets in perpetuity. Sec. 133-115. - Minor subdivision plat specifications. (not applicable to commercial/industrial districts). Purpose and intent. It is intended that the subdivision process comply with this section for subdivision of land up to five lots. It is the intent of the Board of Commissioners to prohibit the practice of "chain" subdivisions where the same or related landowners seek to subdivide consecutive and/or contiguous minor subdivisions to avoid the requirements of a major subdivision. It is also the intent of the Board of Commissioners to prohibit minor subdivisions adjacent to each other within a five-year period if the original tract of land is owned by another person or entity and was transferred or sold to circumvent the major subdivision requirements. ---PAGE BREAK--- 117 General requirements. All minor subdivision plats shall conform to all applicable regulations regarding subdivision of land and the Dawson County Minor Subdivision Plat Review Checklist available from the Dawson County Office of Community Planning and Development in addition to the following requirements: A minor subdivision consists of a maximum of one lot or parcel being subdivided into five or less lots or parcels. The parent lot/parcel is included in the calculation of subdivided lots. The maximum allowed lots/parcels for a minor subdivision would be to create four new lots/parcels off the original parent lot/parcel at a time. No more than four five lots will be created from the parent tract within a five-year period. Minimum lot size shall be regulated according to the land use resolution. There shall be a maximum of five lots allowed to use the same private drive. Extension of common driveways onto adjacent tracts beyond the subdivision of a maximum of five lots will not be allowed. The Public Works Director may require the applicant to submit a stormwater management plan with the minor subdivision plan if after examination of the minor plat it is determined that such a plan shall be necessary for proper stormwater management. Common driveways shall be centered in a 30-foot-wide access and utility easement. Submittal, review, approval and recording of a minor subdivision plat shall be in accordance with the procedures for a final plat contained in sections 133-111, 133-112, 133-113, and 133-114. The minor subdivision shall not render any lots from the original tract unusable with regard to lot size, and shall not conflict with any provision or portion of the master plan, official map, land use resolution, or these regulations. Consistent with the intent of the Board of Commissioners, the practice of “chaining” subdivisions where the same or related landowners seek to subdivide consecutive and/or contiguous minor subdivisions to avoid the requirements of a major subdivision is prohibited. General plat and plan appearance. The Georgia Plat Act (O.C.G.A. § 15-6-67) and Dawson County Minor Subdivision Plat Review Checklist shall govern the appearance and size of the documents. Access. Access to minor subdivisions may be provided by either existing public streets or a common private driveway. Profiles of common private driveways must be submitted with the minor subdivision plat. Flag lots (panhandle). No more than two flag lots shall adjoin one another within the minor subdivision. The "pole" portion of the flag lot shall be a minimum of 30 feet wide for its entire length. Multiple individual driveways may be rejected by the Public Works Director where the road conditions along the primary roadway the subdivision adjoins make multiple driveways a safety hazard, in which case one common private driveway may be required to serve multiple (max 5) lots. Maintenance of common elements. The common private driveway and all other common elements of all major and minor subdivisions shall be owned and maintained by a mandatory property owners' association, or homeowner's association, or property owners. Dawson County will not be responsible for maintenance of common private driveways or other common elements. Minor subdivision plats shall contain the following note in large bold letters: "The common private driveway and common elements shown on this plat are the ---PAGE BREAK--- 118 responsibility of the property owners' association or property owners. Dawson County will not maintain the common private driveway." Minor to major subdivision. The Community planning and Development Director and Public Works Director may require submittal as a major subdivision plat if a minor subdivision plat does not conform with the purposes and intent of the minor subdivision plat specifications. Sec. 133-147. - Conformance to adopted Dawson County plans. All streets and other features shall be coordinated and located in conformance with Dawson County Community Agenda and Transportation Element, Dawson County Transportation Improvement Plan, Greenway and Trail Master Plan, and any other county transportation plans approved by the board of commissioners. Whenever a plat proposes the dedication of land to public use that the board of commissioners finds not required or suitable for such public use, the board of commissioners may refuse to approve the plat, and shall notify the developer of the reasons for such action. Sec. 133-149. - Stormwater easements. The minimum width of any subdivision drainage easement is 20 feet centered on the drainage structure, pipe, swell, or any form of conveyance system. Larger pipes (pipes laid deeper than 10 feet) or swales may require larger drainage easements at the direction of the public works director if necessary for proper maintenance. Sec. 133-151. - Responsibility for private streets, private roads and private common driveways. The owner, agent, or seller of any subdivision where the roads or streets have not been accepted by the county shall include the following statement on the instrument of transfer and sales contract: "Grantee herein recognizes that any and all means of ingress and egress, which is provided by the grantor herein or assigns, to the property hereby conveyed are considered by the governing body of Dawson County to be private streets and private common driveways not maintained by said governing authority. Therefore, the grantee herein hereby agrees to hold harmless the governing body of Dawson County of any upkeep or maintenance." Maintenance and upkeep of private common driveways and private streets shall be the responsibility of the private common driveway owner or private street owner or any future home owners/property owners association (HOA/POA) accepting this responsibility from the owner of the private street or private common driveway. If maintenance for private roads, private streets or private common driveways may be designated as a responsibility of a property owners association (POA) of the subdivision. In doing so, this designation shall also be recorded on the deed of property. Sec. 133-151. Responsibility for private streets, private roads and private common driveways and stormwater systems. The owner, agent, or seller of any subdivision where the roads or streets or stormwater systems have not been accepted by the county shall include the following statement on the instrument of transfer and sales contract: "Grantee herein recognizes that any and all means of ingress and egress, or stormwater systems which is provided by the grantor herein or assigns, to the property hereby conveyed are considered by the governing body of Dawson County to be private streets and private common driveways, and private stormwater systems ---PAGE BREAK--- 119 not maintained by said governing authority. Therefore, the grantee herein hereby agrees to hold harmless the governing body of Dawson County of any upkeep or maintenance." Maintenance and upkeep of private common driveways and private streets, and stormwater systems shall be the responsibility of the private common driveway owner or private street owner or any future home owners/property owners association (HOA/POA) accepting this responsibility from the owner of the private street or private common driveway and private stormwater system. If maintenance for private roads, private streets or private common driveways, and stormwater systems may be designated as a responsibility of a property owners association (POA) of the subdivision. In doing so, this designation shall also be recorded on the deed of property. Common driveways are privately maintained and are not required to have curb and gutter for stormwater conveyance. Common driveways are not maintained by the county. The owner of the driveway or other party accepting maintenance responsibilities must maintain the driveway. If an offer is made for any privately maintained road or streets in existing subdivisions to be accepted by the county, said road or streets must be brought up to current county specifications, including curb and gutter, if required, prior to being accepted by the county in accordance with section 133-273. The board of commissioners has the authority to accept or deny the acceptance of a privately maintained road or street into the county's public road system. If an offer is made for any privately maintained road or streets and/or private stormwater systems in existing subdivisions to be accepted by the county, said road or streets and private stormwater systems must be brought up to current county specifications, including curb and gutter, if required, prior to being accepted by the county in accordance with section 133-273. The board of commissioners has the authority to accept or deny the acceptance of a privately maintained road or street or private stormwater systems into the county's public road system and stormwater system. Sec. 133-180. - Alleys. Alleys are allowed at the rear of all lots used for single-family, multi-family, commercial, or industrial developments. Alleys are allowed at the rear of all lots used for single-family, multi-family, commercial, or industrial developments but will not be owned or maintained by the County. Sec. 133-187. - Privately maintained roads and streets. Privately maintained roads and streets shall be identified as such on all plats and shall be constructed to the same standard as public roads and public right-of-ways. (See section 133-62, section 133-152 and article VII) Privately maintained roads shall be identified as such on all plats and shall be constructed to the same standard as public roads and public right-of-ways. (See section 133-62, section 133-152 and article VII). Prior to recording any plat with privately maintained roads and streets, the owner of the property shall execute a Roads and Streets Maintenance Agreement that shall be binding of all subsequent owners of the site that guarantees responsibility for the operation and maintenance of the private roads in perpetuity. Sec. 133-193. - Sidewalk design and construction standards. ---PAGE BREAK--- 120 GDOT controlled roads. Sidewalks located in the right-of-way of roads under the jurisdiction of the GDOT shall be constructed in accordance with GDOT design and construction standards. GDOT controlled roads. Sidewalks located in the right-of-way of roads under the jurisdiction of the GDOT shall be permitted by GDOT and constructed in accordance with GDOT design and construction standards. Sec. 133-232. - Double frontage lots. Double frontage lots, with the exception of rear alleys, are prohibited except where essential to provide separation of residential development from major traffic arteries or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least ten feet, and across which there shall be no right of access, shall be provided along the line of lots abutting such a traffic artery or other disadvantageous use. Double frontage lots in residential developments of six units or greater, with the exception of rear alleys, are prohibited except where essential to provide separation of residential development from major traffic arteries or to overcome specific disadvantages of topography and orientation. A planting screen easement and a “non-access easement” of at least ten feet, across which there shall be no right of access, shall be provided along the line of lots abutting such a traffic artery or other disadvantageous use. Sec. 133-260. - Grading. Subgrade. • The subgrade shall be properly, shaped, rolled, and uniformly compacted to conform with the lines, grades, and typical cross-sections as shown on approved drawings. Unsuitable materials shall be excavated and replaced with acceptable compacted material. All compacted material must meet or exceed 95 percent of maximum dry density except for the top 12 inches which shall be compacted to 100 percent of maximum dry density as determined by AASHTO Method T-99. • After the earthwork has been completed, all storm drainage, water, and sanitary sewer utilities have been installed within the right-of-way as appropriate, and the backfill in all such ditches thoroughly compacted, the subgrade shall be brought to the lines, grades, and typical roadway section shown on the plans. • Utility trenches cut in the subgrade shall be backfilled as specified herein. Compaction tests at the rate of one per 150 feet of trench shall be provided to verify compaction. • The subgrade must pass roll testing prior to placement of the base material. A geo-textile or grid may be used to stabilize a subgrade that does not pass proof rolling where soil conditions, including but not limited to separation, filtration, drainage, reinforcement and stabilization, are determined by the public works director to sufficiently protect the public health, safety and welfare. • The subgrade must pass roll testing prior to placement of the base material. A Public Works representative must be present to witness the roll test. A geo-textile or grid may be used to stabilize a subgrade that does not pass proof rolling where soil conditions, including but not limited to separation, filtration, drainage, reinforcement and stabilization, are determined by the Public Works Director to sufficiently protect the public health, safety and welfare. ---PAGE BREAK--- 121 Sec. 133-271. - Street and alley improvements. Additional requirements for all streets. When the street is to be used for construction traffic before the paving work is completed, a layer of stone (except crusher run) shall be laid as a traffic surface. This material shall not be used as a part of the base material. It may be worked into the subgrade, or it shall be removed before the base course is set up for paving. Provisions shall be made to drain low points in the road construction when the final paving is delayed. A break in the berm section is required when the curbing has not been constructed. After installation, drainage under the curb to side slopes is required, using minimum four-inch diameter pipe sections. Additional requirements for all streets. 1) When the street is to be used for construction traffic before the paving work is completed, a layer of stone (except crusher run) shall be laid as a traffic surface. This material shall not be used as a part of the base material. It may be worked into the subgrade, or it shall be removed before the base course is set up for paving. 2) Provisions shall be made to drain low points in the road construction when the final paving is delayed. A break in the berm section is required when the curbing has not been constructed. After installation, drainage under the curb to side slopes is required, using minimum four-inch diameter pipe sections. 3) All drainage pipe laid under future road pavement must be installed in accordance with GDOT specifications and include at a minimum of 6 inches of Type II foundation backfill. A Public Works representative must be present during backfilling over the pipe. (d)New local residential and minor residential collector streets (curbed). The base course shall consist of graded aggregate base as specified in the Road and Street Design Criteria—Chart 1. After being thoroughly compacted and brought to proper section, two inches of binder shall be applied. The or wearing course shall be applied after 90 percent of the houses on the street have been built, or prior to the end of the maintenance period (but after the 11th month), whichever occurs first. Prior to applying wearing course, a tack coat shall be applied to the binder course at a rate of no less than 0.05 gallons per square yard. Type of tack shall be approved by the department prior to placement. New local residential and minor residential collector streets (curbed). The base course shall consist of graded aggregate base as specified in the Road and Street Design Criteria—Chart 1. After being thoroughly compacted and brought to proper section, binder shall be applied. A Public Works representative must inspect the base course before application of the wearing course. The wearing course shall be applied after 90 percent of the houses on the street have been built, or prior to the end of the maintenance period (but after the 11th month), whichever occurs first. Prior to applying wearing course, a tack coat shall be applied to the binder course at a rate of no less than 0.05 gallons per square yard. Type of tack shall be approved by the department prior to placement. (f)New nonresidential local streets and minor collectors. Asphalt. The base course shall consist of at least seven inches of graded aggregate base. After being thoroughly compacted and brought to proper section two inches of binder shall be applied. If a delay in paving is reasonably expected by the developer or the department, the base shall be primed with 0.25 gallon of R.C. 70 per square yard the same day it is compacted, and cured for seven days prior to paving. The final one inch of type or wearing course shall be applied after 90 percent of the buildings on the street have been built, or prior to the end of the maintenance period (but after the 11th month), whichever occurs first. ---PAGE BREAK--- 122 Prior to applying wearing course, a tack coat shall be applied to the binder course at a rate of no less than 0.05 gallons per square yard. Type of tack shall be approved by the department prior to placement. Concrete. Seven inches of Class 3,500 psi concrete is to be applied on a stabilized subgrade consisting of at least 150 pounds of stone per square yard mixed in four inches deep and compacted. The design and construction of the street shall comply with the Portland Cement Association standards. New nonresidential local streets and minor collectors. Asphalt. The base course shall consist of at least seven inches of graded aggregate base. After being thoroughly compacted and brought to proper section binder shall be applied. If a delay in paving is reasonably expected by the developer or the department, the base shall be primed with 0.25 gallon of R.C. 70 per square yard the same day it is compacted, and cured for seven days prior to paving. A Public Works representative must inspect the base course and before application of the wearing course (or top course). The final one inch of type or wearing course shall be applied after 90 percent of the buildings on the street have been built, or prior to the end of the maintenance period (but after the 11th month), whichever occurs first. Prior to applying wearing course, a tack coat shall be applied to the binder course at a rate of no less than 0.05 gallons per square yard. Type of tack shall be approved by the department prior to placement. Concrete. Seven inches of Class 3,500 psi concrete is to be applied on a stabilized subgrade consisting of at least 150 pounds of stone per square yard mixed in four inches deep and compacted. The design and construction of the street shall comply with the Portland Cement Association standards. Sec. 133-272. - General requirements for county acceptance into maintenance program. Eligibility: For a street to be eligible for county maintenance, all of the following guidelines must be applicable: Said street must originate and end at either a state route or county-maintained road. County will only accept collector roads inside developments, and must follow the provisions in these regulations. Street must meet Dawson County design standards. Street and associated storm system within the right of way must meet Dawson County design standards. Cul-de-sacs shall not be eligible for consideration of acceptance into the county maintenance program. Sec. 133-328. - Purpose. The purpose of a variance is to provide relief when a strict application of the subdivision regulations would impose unusual practical difficulties or unnecessary physical hardships on the applicant. Practical difficulties and unnecessary hardships may result from the size, shape or dimensions of a site or the location of existing structures thereon; from geographic, topographic, or other conditions on the site or in the immediate vicinity. No variance shall be granted to allow the use of property for a purpose not authorized or in a manner not authorized by the subdivision regulations. Variances may be granted to modify a numeric value; variances shall not be granted to eliminate a requirement. Sec. 133-331. - Variance procedures. ---PAGE BREAK--- 123 The following procedures apply: Application for variance shall be filed with the Community Development Director or his or her designee planning commission on the form prescribed by the county, by any person with a legal interest in the property. The application shall specify the requirement(s) from which the applicant seeks a variance, the reasons said variance is necessary, the numeric change proposed (increase or decrease), applicable site plan and exterior architectural renderings and the plans, and other information required by the application in order to aid the decision makers. Before the planning commission may act on a variance; it shall give notice of a public hearing in the manner prescribed in chapter 121, article XII, section 121-373. The Planning Commission shall review the application and investigation report at the public hearing. The planning commission shall determine whether the evidence supports a finding that the required criteria have been met and approve, approve with conditions (if applicable), or deny of the application accordingly. If the Planning Commission fails to take action within 30 days after the public hearing, the request shall be deemed to have been approved. Decisions on variance requests shall be the responsibility of the Planning Commission and shall become final after an elapsed period of 30 days from the date of decision. The Planning Commission's decision, with findings, shall be sent by electronic or hard copy format mail to the applicant within five working days of the date of action. From time to time the planning commission may find it necessary to require a variance request to also meet approval of the Board of Commissioners. In doing so the variance request must follow the public hearing procedures prescribed in chapter 121, article XII, section 121-373. An application of a variance which is not acted upon by the Board of Commissioners within 90 days from the receipt of application may be deemed denied. Appeals may be processed in accordance with sections 133-407 and 133-408 of this chapter. Sec. 133-337. - Family density exception variance. Upon application, the Community Development Director county manager or his or her designee may grant a family density exception variance for the creation of not more than five total lots (including the parent tract) for a bona fide intra-family transfer such that adherence to the minimum lot dimensions for the land use category or zoning district where the lots are located is not required. For example, a family density exception variance may be granted such that a five-acre parcel, zoned RA residential agriculture exurban, may be subdivided into a three-acre lot and a two-acre lot for a bona fide intra-family transfer. If the proposal is in the RA district, the parent lot/parcel must be a minimum of five acres in size prior to subdividing. Bona fide intra-family transfer is hereby defined as follows: Conveyance of property by warranty or quit claim deed with consideration recited in the deed as "love and affection," and The grantee is 18 years of age or older; and The grantor and grantee are related as follows: ---PAGE BREAK--- 124 a. Parent and child; or b. Brother and brother, sister and sister and/or brother and sister; or c. Grandparent and grandchild; or d. Aunt/uncle and niece/nephew; and The conveyance meets all other applicable criteria for an exception a variance under this resolution; and The purpose of the conveyance is not to subdivide property for sale, resale, or rental to persons not listed in subsection of this section or otherwise circumvent the provisions of this resolution and the applicant so states by sworn verification. Documentation satisfactory to the Community Development Director, county manager, or his or her designee, reflecting the relationship between the grantor and any grantee(s) of any bona fide intra-family transfer, as well as the age of any such grantees, shall be provided upon application for a family density exception variance. A family density exception variance shall not be approved within a platted subdivision when such approval would increase the density within the subdivision beyond the density otherwise permitted for the subdivision. The Community Development Director county manager or his or her designee shall approve a family density exception variance if the proposed bona fide intra-family transfer meets the requirements of this subsection and otherwise complies with all applicable laws and ordinances. Upon approval of a family density exception variance, no subsequent approval for a family density exception variance may be granted for further division of any portion of the property (including newly created lots or the parent tract). The subdivision of property pursuant to a family density exception Variance shall conform to the following standards: Any lots created shall be conveyed as part of a bona fide intra-family transfer and no more lots may be created than are approved in accordance with the family density exception variance. Each lot shall be a minimum of one and one-half acre of uplands. The creation of a lot wholly within the regulatory 100-year floodplain is prohibited. If any lot abuts a publicly maintained road that does not conform to the right-of-way specifications provided or adopted by reference in these regulations, the owner may be required to dedicate the right-of-way width necessary to meet the minimum design standards as a condition of approval. Buffer zones of at least 50 feet in width along all perennial and intermittent streams shall be required. ---PAGE BREAK--- 125 Each lot shall front on a paved private road, a publicly maintained road, or an easement. If an easement is utilized: a. The easement shall connect to a publicly maintained road and have a minimum width of 30 40 feet; and b. Road name signs for the easement shall be installed in accordance with applicable county regulations; and c. The easement shall comply with the Federal Emergency Management Agency (FEMA) regulations and county floodplain management regulations d. The following notation shall be included on the plat: Dawson County is not obligated to maintain the easement. No county permits shall be issued except to the grantee pursuant to the bona fide-intra family transfer of the property. This shall not apply to institutional lenders who obtain ownership as a result of foreclosure or deed in lieu of foreclosure, or their successors or assigns. All other requirements of the Code of Dawson County and the Dawson County Comprehensive Plan shall apply. Sec. 133-408. - Appeals of decisions of the planning department. Any decision or action of the planning director or the public works director under these regulations may be appealed to the Board of Commissioners of Dawson County; provided, however, that any such action or decision shall remain in full force and affect pending such appeal. If an applicant or permittee desires to appeal a decision or action of the planning director or the public works director, he shall so notify the board of commissioners in writing within ten calendar days of the date of the action or decision of the planning director or the public works director. Upon receipt of this notice the board of commissioners shall establish a date and time on which the appeal shall be heard and shall notify the applicant or permittee in writing. If an applicant or permittee desires to appeal any decision or action of the staff of the Community Development department or the Public Works department specific to the standards of chapter 133, the applicant or permittee may appeal the decision or action to the Planning Commission within ten calendar (10) days of the date of action or decision. Only the applicant or permittee, or his or her representative, shall be eligible to submit an appeal. Any such action or decision shall remain in full force and affect pending said appeal. If an applicant or petitioner desires to submit an appeal, he or she shall submit an appeal form as provided by the staff of the Community Development department to the Community Development Director or his or her designee. Upon receipt of this notice, the Community Development Director or his or her designee shall place said appeal on the next regularly scheduled meeting agenda of the Planning Commission. The applicant or petitioner shall attend the Planning Commission meeting; failure to appear may result in the item being tabled or denied. The process by which each side presents findings shall be the same as that of a variance. The Planning Commission shall render a decision at the meeting unless specific reasons are cited to table the appeal to the next scheduled meeting. If an applicant or permittee desires to appeal any decision or action of the Planning Commission, the applicant or petitioner shall notify the Community Development Director or his or her designee in writing based on a form provided by the staff of the Community Development department within ten (10) days of the date of decision or action of the Planning Commission. Upon receipt of the notice, the Community ---PAGE BREAK--- 126 Development Director or his or her designee shall submit the information to the Board of Commissioners to be placed on the next applicable meeting agenda. The applicant or petitioner shall attend the Board of Commissioners meeting; failure to appear may result in the item being tabled or denied. The Board of Commissioners shall render a decision unless specific reasons are cited to table the appeal to the next scheduled meeting. Sec. 133-518. – Roads and Streets Design Criteria. The following charts establish design criteria for roads and streets: Road and Street Design Criteria—Chart 1 Minimum Right-of- Way Required (ft.) Minimum Pavement Width (ft)1 Shoulder Width (ft.) Intersection R/W Radius (ft) Interse ction Radius (curb) (ft.)1 Crushed Stone Base (inches) Intermediate Course Surface Course Curbing Dimensions Cul-de- sac R/W Radius (ft.) Cul-de-sac Pavement Radius (ft.)1 Common Driveway2 30 (private easement) 16 2 25 5 N/A 2" Type E or F N/A N/A N/A Alley 20 (private easement) 16 2 25 5 N/A 2" Type E or F N/A N/A N/A Local Residential Street (curbed) 50 20 11 14 25 6 2" Type 1.25" Type 6"×24"×12 " 57.5 47.5 Local Residential Street (not curbed) 60 24 8 17 25 6 2" Type 1.25" Type N/A 57.5 47.5 Local Commercial Street 60 24 11 19 30 8 3" Type B Mod. 1.5" Type E or F 8"×24"×14 " 60 50 Local Industrial Street 60 26 11 29 40 8 4" Type B Mod. 2" Type 8"×24"×14 " 60 50 Minor Residential Collector 60 20 11 14 25 8 2" Type 1.25" Type 6"×24"×12 " 57.5 47.5 Minor Non- Residential Collector 60 26 11 29 40 8 4" Type B Mod. 2" Type 8"×24"×14 " 57.5 47.5 Major Collector 100 66-4 through + center 11 29 40 10 4" Type B Mod. 2" Type 8"×30"×14 " N/A N/A Minor Arterial 100 66-4 through + center 11 29 40 10 4" Type B Mod. 2" Type 8"×30"×14 " N/A N/A Major Arterial 100 66-4 through + center 11 29 40 10 4" Type B Mod. 2" Type 8"×30"×14 " N/A N/A 1. Measured at edge of pavement 2. Used only within Minor Subdivisions (5 lots or less) Road and Street Design Criteria—Chart 2 Minimum Design Speed (mph) Maximum Grade Stopping Sight Distance (ft.)1 Minimum Centerline Radius (ft.) Super Elevation Allowed Minimum k (crest)2 Minimum k (sag)2 Minimum Tangent Between Curves (ft.) Approach Distances at Major Intersections (ft.)3 Common Driveway 10 14% 60 30 No 3 10 20 N/A Alley 10 14% 60 30 No 3 10 20 N/A ---PAGE BREAK--- 127 Local Residential Street 20 14% 115 110 No 10 20 50 50 Local Commercial Street 20 14% 115 110 No 10 20 50 50 Local Industrial Street 20 14% 115 110 No 10 20 50 50 Minor Residential Collector 30 10% 200 340 No 19 37 75 75 Minor Non- Residential Collector 30 10% 200 See AASHTO Yes 19 37 75 75 Major Collector 40 10% 305 See AASHTO Yes 44 64 100 75 Minor Arterial 40 10% 305 See AASHTO Yes 44 64 100 100 Major Arterial 50 8% 425 See AASHTO Yes 84 96 125 100 1. Stopping sight distances must be adjusted to factor in road grade per AASHTO criteria 2. Adhering to minimum k values will not necessarily ensure adequate sight distance for all conditions 3. Where a street approaches a major thoroughfare, a grade not exceeding 2% must be maintained for the following distances (measured from the edge of pavement of the through street to the PVC of the intersecting street)