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1 AN ORDINANCE OF THE DAWSON COUNTY BOARD OF COMMISSIONERS TO AMEND CHAPTERS 6 (ALCOHOLIC BEVERAGES); 30 (LICENSES, TAXATION AND MISCELLANEOUS REGULATIONS); 34 (OFFENSES AND MISCELLANEOUS PROVISIONS); 101 (GENERAL AND ADMINISTRATIVE PROVISIONS); 105 (BUILDINGS AND BUILDING REGULATIONS); 109 (ENVIRONMENT AND NATURAL RESOURCES); 113 (FLOOD DAMAGE PREVENTION); 117 (GEORGIA 400 DEVELOPMENT AND DESIGN GUIDELINES); 121 (LAND USE); 129 (SIGNS); AND 133 (SUBDIVISIONS) RELATED TO DEVELOPMENT ACTIVITIES; AND FOR RELATED PURPOSES WHEREAS, the Constitution of the State of Georgia, approved by the voters of the State in November 1982, and effective July 1, 1983, provides in Article IX, Section 2, Paragraph 1 thereof, that the governing authority of the County may adopt clearly reasonable ordinances, resolutions, and regulations; and WHEREAS, the applicable regulations related to development activities may be amended and were most recently approved on March 7, 2024 (Chapter 121) and on June 5, 2025 (Chapter 133); and WHEREAS, the Dawson County Board of Commissioners has determined that it would be in the public interest to update the standards for review and approval of development activities. NOW THEREFORE BE IT ORDAINED by the Dawson County Board of Commissioners as follows: SECTION 1. The applicable amended sections of Chapters 6, 30, 34, 101, 105, 109, 117, 121, 129, and 133 are attached hereto as Exhibit and by this reference incorporated herein is hereby approved and accepted and intended to be the applicable amended sections of the Code of Dawson County, Georgia. SECTION 2. If any section, provision or clause of any part of this Ordinance shall be declared invalid or unconstitutional, or if the provisions of any part of this Ordinance as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the portions of this Ordinance not so held to be invalid, or the application of this Ordinance to other circumstances not so held to be invalid. It is hereby declared as the intent that this Ordinance would have been adopted had such invalid portion not been included herein. SECTION 3. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. ---PAGE BREAK--- 2 So Ordained, Resolved, Adopted, and Approved this day of 2025. DAWSON COUNTY ATTEST BOARD OF COMMISSIONERS By: By: Billy Thurmond, Chairman Kristen Cloud, County Clerk ---PAGE BREAK--- 3 Exhibit A The following sections of the Dawson County Code of Ordinances are hereby amended by being deleted and replaced with the following: SECTION 1. Chapter 6, Section 6-66 is hereby amended by being deleted and replaced it with the following: 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 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. ---PAGE BREAK--- 4 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. 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 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 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 Director 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. SECTION 2. 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, ---PAGE BREAK--- 5 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. Additional levy authorization. Room tax authorized. Pursuant to the authority of subsection of Code Section 48-13- 51 of the O.C.G.A. [O.C.G.A. § 48-13-51(b)], the governing authority of Dawson County is authorized within the territorial limits of the special district located within Dawson County to levy an excise tax at a rate not to exceed eight percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value. Enactment subsequent to county resolution. The enactment of this subsection is subsequent to the adoption of Resolution #2009-001 of the governing authority of Dawson County on February 19, 2009, which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds. Use of tax. In accordance with the terms of Resolution #2009-001: a. In each fiscal year during which a tax is collected pursuant to O.C.G.A. § 48- 13-51(b), an amount equal to not less than 50 percent of the total amount of taxes collected that exceed the amount of taxes that would be collected at the rate of five percent shall be expended for promoting tourism, conventions, and trade shows by the destination marketing organization designated by Dawson County; and b. The remaining amount of taxes collected that exceed the amount of taxes that would be collected at the rate of five percent which are not otherwise expended under subsection of this section shall be expended for tourism product development. Definitions. Innkeeper means: ---PAGE BREAK--- 6 Any person that furnishes for value to the public any room or rooms, lodgings, or accommodations 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, campground, bed and breakfast, short-term home rental, or any other place in which room or rooms, lodgings, or accommodations are regularly furnished for value; or A marketplace facilitator who facilitates the furnishing for value to the public any room or rooms, lodgings, or accommodations on behalf of another person in any manner, including, but not limited to, promoting, marketing, advertising, taking reservations, collecting payment, or as otherwise defined by O.C.G.A. § 48-13-50.2(2)(B). Marketplace innkeeper means an innkeeper as defined in section 30-362(c)(1)b. SECTION 3. 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. SECTION 4. 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 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. ---PAGE BREAK--- 7 Sec. 30-503. - Establishment 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 establishment permit pursuant to the regulations contained herein. Sec. 30-504. - Application for permit. An owner of a proposed short-term rental, bed and breakfast establishment, or accommodation rental event center shall submit an application for an establishment permit to the Dawson County Community 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 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, 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, 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, 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, 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, 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--- 8 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, 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, bed and breakfast establishment, and/or accommodation rental event center; and Proof of professional regular trash service for the short-term rental, 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 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. Such notification shall include: The street address of the proposed short-term rental bed and breakfast establishment, or accommodation rental event center; The location of any on-site parking for short-term rental, 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 ---PAGE BREAK--- 9 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; 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, 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, 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. SECTION 5. 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; 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. 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 short-term rental overnight occupants and 10 guests, for a total of 15 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. 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. ---PAGE BREAK--- 10 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. 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, 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, bed and breakfast establishment, or accommodation rental event center property. Sec. 30-509. - Solid waste. The owner of any short-term rental, 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. ---PAGE BREAK--- 11 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, 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, 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, bed and breakfast establishment, or accommodation rental event center: The short-term rental permit, bed and breakfast establishment, or accommodation rental event center permit. The maximum overnight occupancy and maximum daytime occupancy of the short-term rental, bed and breakfast establishment, or accommodation rental event center. Rules and regulations for occupants to view in order to promote compliance with this article. 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: ---PAGE BREAK--- 12 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, 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, 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, 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 employees or agents of the county code compliance office, sheriff's office, fire department, and health department. Advertising. Any advertising of a short-term rental, 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. Every short-term rental, 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. The owner of a short-term rental shall designate a short-term rental agent on its application for a short-term rental permit who has access and authority to assume management of the short-term ---PAGE BREAK--- 13 rental and take remedial measures while the short-term rental is being rented to an occupant and/or guest. 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 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 a short-term rental agent temporarily or permanently; however, there shall only be one such agent for a property at any given time. To change the designated agent, the owner shall notify the Dawson County Marshal 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 short-term rental agent will not take effect until notice has been provided to Dawson County. The short-term rental agent shall: Respond to the property 24 hours a day, seven days a week, and within two hours following notification from a duly authorized representative of Dawson County of the existence 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 short-term rental. This includes, but is not limited to, notification that occupants of the short-term rental have created unreasonable noise or disturbances, engaged in disorderly conduct, or have committed violations of 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. This is not intended to impose a duty on the short-term rental agent to act as a peace officer or otherwise require the agent to place himself or herself in a perilous situation. a. Whether the short-term rental agent shall be required to respond to the property to address a violation, disturbance, or complaint shall be determined in the discretion of the county officer or employee responding to said violation, disturbance, or complaint. b. 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. ---PAGE BREAK--- 14 Receive and accept service of any notice of violation related to the use or occupancy of the short-term rental. Monitor the short-term rental for compliance with this article. Sec. 30-515. - Bed and breakfast establishment owner/agent; duties. The owner of a bed and breakfast establishment shall designate a short-term rental agent on its application for a bed and breakfast establishment permit who has access and authority to assume management of the bed and breakfast establishment and take remedial measures while the bed and breakfast establishment is being rented to an occupant and/or guest. 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. Any change in designation of the bed and breakfast agent will not take effect until notice has been provided to Dawson County. The bed and breakfast agent shall: Reside on the property of the bed and breakfast establishment and be at least 21 years of age or older. Respond to the property 24 hours a day, seven days a week, and within two hours following notification from a duly authorized representative of Dawson County of the existence 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 short-term rental. This includes, but is not limited to, notification that occupants of the bed and breakfast establishment have created unreasonable noise 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. This is not intended to impose a duty on the bed and breakfast agent to act as a peace officer or otherwise require the agent to place himself or herself in a perilous situation. a. Whether the bed and breakfast agent shall be required to respond to the Property to address a violation, disturbance, or complaint shall be determined in the discretion of the county officer or employee responding to said violation, disturbance, or complaint. b. 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. ---PAGE BREAK--- 15 Receive and accept service of any notice of violation related to the use or occupancy of the property. Monitor the bed and breakfast establishment for compliance with this article. Sec. 30-516. - Renewal of permit. An approved short-term rental, 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. Any permittee who has not submitted the renewal application and required fee by 4:00 p.m. on 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 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. SECTION 6. Sec. 30-521. - Taxes. Short-term rental, 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. SECTION 7. 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. The appeal must be filed with the Dawson County code compliance 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 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 ---PAGE BREAK--- 16 Dawson County code compliance staff shall schedule a hearing before the Dawson County Planning Commission. The timely filing of an appeal shall stay the revocation or suspension, 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 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 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 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 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. For purposes of this article, notice shall be deemed delivered when personally served, or when served by certificate of mailing 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 ---PAGE BREAK--- 17 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 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 ---PAGE BREAK--- 18 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. - 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. - Repealer. All resolutions or ordinance or parts thereof in conflict with the terms if this article are hereby repealed. SECTION 8. 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. Sec. 34-29. - Permit required. 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 ---PAGE BREAK--- 19 department responsible for maintenance of said property (for example, parks and recreation, public works, etc.). During the course of the permitted special event, an individual authorized by the permittee shall be present at all times and shall possess either the original permit or a true and accurate copy thereof and shall present such permit or copy thereof to persons authorized to enforce this article. Sec. 34-30. - Duties of Dawson County. Dawson County shall perform the following duties in accord with the terms of this article: Prepare and provide the necessary forms to apply for a special event permit; Review the application and collect the application fee set by the Board of Commissioners as set forth within "Exhibit A" hereof [section 34-37]; Designate and/or coordinate the route for the special event and the time of the special event; Receive input from the Georgia Department of Transportation, Dawson County Emergency Services, the Dawson County Sheriff, the Dawson County Marshal, the Dawson County Parks and Recreation Department, and any other public office or officer deemed necessary to address public safety issues associated with the special event permit application; and Consider, process, and render a decision regarding the permit application within 30 days of the permit application being filed. Sec. 34-31. - Application. Every applicant for a special event permit shall submit an application to the Dawson County Community Development Department at least 45 days before the activity, which shall conform to the requirements hereof. Each application shall contain the following information: i. Name, address, and telephone number of the person or entity conducting the special event; ii. The names and addresses of the partners if the applicant is a partnership; iii. The names and addresses of the officers and directors if the applicant is a corporation; iv. All prior special events within Dawson County; v. The date, time, and route where the special event shall occur; vi. The type of activity or event; and vii. The number of expected participants; and viii. The expected duration of the special event. ix. 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. ---PAGE BREAK--- 20 Review and recommendation. A copy of the application shall be delivered to those persons or entities providing input regarding the requested special event. Each person or entity providing input may make a recommendation regarding the application within seven days of receiving a copy of the application. The persons or entities providing input regarding the application may include, but shall not be limited to, the following: i. Georgia Department of Transportation; ii. Dawson County Sheriff's Office; iii. Dawson County Emergency Services; iv. Dawson County Code Compliance Office; and v. Dawson County Park and Recreation Department. Action by County Manager. The County Manager of Dawson County or his or her designee shall render a decision regarding the application no later than 30 days after the Community 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 shall be in writing. Any decision adverse to the applicant shall state the reason or reasons for denial. If the application is approved, the Dawson County Community Development Department shall issue a copy of the decision to the applicant. Authority to set routes, time schedules, or to cancel. i. If more than one special event permit is sought for the same date of if a parade permit is sought for the same date or if the proposed route interferes with the orderly flow of vehicular traffic, pedestrians, or emergency vehicles, then Dawson County may designate reasonable alternate routes and establish a time schedule for the beginning and ending of the special event. Dawson County may cancel the permit if the special event fails to begin within a reasonable time after the time set for beginning based upon other activities for which permits have been granted or based upon the impact caused by such delay upon the public welfare, peace, safety, health, and good order. ii. If the special event may impact traffic travelling on a state route, then the Georgia Department of Transportation shall be notified of the potential impact, and approval from the Georgia Department of Transportation shall be obtained by the applicant. Sec. 34-33. - Criteria for approval. The special event permit shall be granted, unless one or more of the following circumstances exist: The proposed special event shall unreasonably interfere with property rights of non-participants; ---PAGE BREAK--- 21 The proposed special event shall unreasonably disrupt the orderly flow of traffic, vehicular or pedestrian; The proposed special event shall unreasonably endanger the health and safety of the participants or the citizens of Dawson County; The application is incomplete or contains a material falsehood or misrepresentation; or The proposed special event conflicts with another event that has already been approved and scheduled. Sec. 34-34. - Financial responsibility and insurance. Nothing within this article shall relieve the applicant and/or permittee from responsibility for injuries or damages to persons or property, private or public, caused by acts or omissions arising from the special event for which any permit under this ordinance issues. The applicant shall indemnify and hold Dawson County harmless from and against any such claim. The applicant shall be solely responsible for cleaning affected areas littered during the activity, providing sufficient parking and storage areas for motor vehicles, providing temporary toilet facilities, and providing other similar special and extraordinary items deemed necessary for the special event by Dawson County to keep the area of the event safe and sanitary. Insurance requirements. An applicant for a special event permit shall obtain liability insurance from an insurer licensed in the State of Georgia for the special event. The minimum policy limit shall be $1,000,000.00 per incident and $2,000,000.00 aggregate for the entire event. All costs for insurance and naming Dawson County as an additional named insured shall be borne solely by the applicant. Such insurance shall protect Dawson County from any and all claims for damages to property and/or bodily injury or death. 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. ---PAGE BREAK--- 22 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. Sec. 34-37. - Fee schedule. All fees as provided in the Dawson County Community Development Fee Schedule shall apply. SECTION 9. Sec. 101-60. - Imposition of development impact fees. 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. 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: i. 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 ---PAGE BREAK--- 23 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. ii. Remodeling or repairing a structure that does not result in an increase in the number of units of development. iii. 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. iv. 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. v. Placing a temporary construction office or temporary sales office on a lot during the period of construction or build-out of a development project. vi. Constructing an addition to or expansion of a residential housing unit that does not increase the number of housing units. vii. 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. Nonconforming projects. i. Notwithstanding any other provision of this article, any project for which a valid building permit had been issued prior to the effective date of an amendment to this article, shall not be subject to additional development impact fees so long as the project remains valid and construction commenced and is pursued according to the terms of such building permit. ii. Any building for which a valid and complete application for a building permit has been received prior to the effective date of an amendment to this article may proceed without payment of additional impact fees otherwise imposed by this article, provided that: 1. All fees and development impact fees in effect prior to the effective date of this article shall be or have been paid in full; and 2. Said construction shall be commenced, pursued, and completed within the time established by the building permit or within 180 days, whichever is later. iii. Work for which a valid permit has been issued shall continue with grandfathered status until the permit expires, at which time the renewal of the permit or the issuance of a new permit for the same work or additional work on the same ---PAGE BREAK--- 24 property shall require payment of the applicable impact fee. Such fee shall be the amount of the increase over the amount previously paid, if any. Method of calculation. i. Any development impact fee imposed pursuant to this article shall not exceed a project's proportionate share of the cost of system improvements, shall be calculated on the basis of the establishment of service areas, and shall be calculated on the basis of levels of service for public facilities that are the same for existing development as for new growth and development, as established in the capital improvements element of the comprehensive plan. ii. Notwithstanding anything to the contrary in this article, the calculation of impact fees shall be net of credits for the present value of ad valorem taxes or other revenues as established in the capital improvements element of the comprehensive plan and which: 1. Are reasonably expected to be generated by new growth and development; and 2. Are reasonably expected on the basis of historical funding patterns to be made available to pay for system improvements of the same category and in the same service area for which an impact fee is imposed. iii. The method of calculating impact fees for public facilities under this article shall be maintained for public inspection as a part of the official records of the county, and may be amended from time to time by official act of the board of commissioners. iv. In addition to the cost of new or expanded system improvements needed to be built to serve new development, the cost basis of a development impact fee may also include the proportionate cost of existing system improvements to the extent that such public facilities have excess service capacity and new development will be served by such facilities as established in the capital improvements element. v. Development impact fees shall be based on actual system improvement costs or reasonable estimates of such costs as set forth in the capital improvements element. SECTION 10. Sec. 105-6. The department of Community Development. Enforcement agency. The department of Community Development is hereby designated as the enforcement agency, and the official in charge shall be known as the Community Development Director. Appointment. The Community Development Director shall appoint the Building Official. ---PAGE BREAK--- 25 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 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 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 an additional six month period upon finding that multiple inspections on the new residence have been completed and significant progress has 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. Determination of substantially improved or substantially damaged existing buildings and structures in flood hazard areas. For applications for reconstruction, rehabilitation, repair, alteration, addition, or other improvement of existing buildings or structures located in flood hazard areas, the building official shall determine if the proposed work constitutes substantial improvement or repair of substantial damage. Where the Building Official determines that the proposed work constitutes substantial improvement or repair of substantial damage, and where required by this code, the Building Official shall require the building to meet the requirements of the Georgia State Minimum Standard Building Code. Notices and orders. The Building Official shall issue necessary notices or orders to ensure compliance with this code. Inspecting buildings and other structures to ensure compliance with the code. The Building Official shall have the authority to make the required inspections or accept inspection reports by state-certified agencies or individuals. Reports of such inspections shall be in writing and certified by a responsible officer of such approved agency or the accountable individual. The Building Official is authorized to engage such expert opinion as necessary to report on unusual technical issues that arise, subject to the approval of the appointing authority. Identification. The Building Official shall carry proper identification when inspecting structures or premises in performing duties under this code. ---PAGE BREAK--- 26 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the Building Official has reasonable cause to believe that there exists in a structure or on-premises a condition that is contrary to or in violation of this code that makes the structure or premises unsafe, dangerous or hazardous, the Building Official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises are unoccupied, the building official shall first make a reasonable effort to locate the owner or other person in charge or control of the structure or premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry. Department records. The Building Official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official documents for the period required to maintain public records. Liability. The Building Official, members of the Construction Board of Appeals, and employees charged with the enforcement of this code, while acting for Dawson County in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be civilly or criminally rendered liable personally and are hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or because of an act or omission in the discharge of official duties. Legal defense. Any suit or criminal complaint instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the Dawson County legal representatives until the final termination of the proceedings. The Building Official or any subordinate shall not be liable for cost in any action, suit, or proceeding instituted in pursuance of the provisions of this code. Approved materials and equipment. Materials, equipment, and devices approved by the Building Official shall be constructed and installed in compliance with such approval. Used materials and equipment. Reused materials must comply with the requirements of this code for new materials. Used equipment and devices may not be reused unless the Building Official approves. Modifications. Where there are practical difficulties involved in carrying out the provisions of this code, the Building Official shall have the authority to grant modifications for individual cases upon application of the owner or the owner's authorized agent, provided that the Building Official shall first find that unique individual reason makes the strict letter of this code impractical, the modification complies with the intent and purpose of this code and that such modification does not lessen the health, accessibility, life, and fire safety or structural requirements. The details of action granting modifications shall be recorded and entered into the Community Development Department files. Any provisions for the fire code shall reference the Georgia State Minimum Fire Prevention Code, as supplemented by chapter 22, Fire Prevention and Protection, of the Dawson County Code. ---PAGE BREAK--- 27 Alternative materials, design, and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that the Building Official has approved any such alternative. An alternative material, design, or method of construction shall be approved where the Building Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code and that the material, method, or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability, and safety. Where the alternative material, design, or construction method is not approved, the Building Official shall respond in writing, stating why the alternative was not approved. Any provisions for the fire code shall reference chapter 22, Fire Prevention and Protection. Technical reports. Supporting data, where necessary to approve materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved industry sources. Tests. Whenever there is insufficient evidence of compliance with the provisions of this code or evidence that material or method does not conform to the requirements of this code or to substantiate claims for alternative materials or techniques, the Building Official shall have the authority to require tests as evidence of compliance to be made without expense to Dawson County. Test methods shall be specified in this code or other recognized test standards. Without recognized and accepted test methods, the Building Official must approve the testing procedures. An approved agency shall perform tests. Reports of such tests shall be retained by the Building Official for the period required to maintain public records. SECTION 11. Sec. 105-10. - Manufactured/mobile home compatibility standards. Manufactured or mobile homes shall meet the following compatibility standards: Every pre- owned manufactured home located in the county shall comply with the Federal Manufactured Housing Construction and Safety Standards Act, 43 U.S.C. § 5401-5455 ("HUD Code"), and shall not have been altered in such a way that it no longer meets the HUD Code. i. The home shall be attached to a permanent foundation; each home shall be provided with anchors and tie-downs, such as cast-in-place concrete dead men or other similar devices approved by the building official, that secure the stability of the home. ii. All towing devices, wheels, axles, and hitches must be removed. iii. Each exit door must have a landing of at least 48 inches by 48 inches. Landings shall not be attached to the structure and must be freestanding and fully self- supporting. iv. The roof shall have a surface of wood shakes, asphalt composition, wood shingles, concrete, fiberglass, metal tiles, slate built-up gravel materials, or other ---PAGE BREAK--- 28 similar materials approved by the building official. All roofs shall have a minimum of 3/12 pitch to approximate the traditional architecture within the county and protect public health, safety, and welfare. v. The exterior siding materials shall consist of wood, masonry, concrete, stucco, Masonite metal or vinyl lap, or other materials of like appearance. The exterior of all pre-owned manufactured homes shall be free of loose or rotting boards or timbers and any other conditions that might admit rain or moisture to the interior portions of the walls or occupied spaces. The exterior siding shall be free of rot and rust. Roofs shall be structurally sound and have no obvious defects that might admit rain or cause moisture to collect on the interior portion of the home. vi. Each home shall be skirted entirely with an appropriate barrier, properly ventilated, to enclose the area between the bottom of the structure and the ground. Such skirting shall not be required for a home with a complete masonry or concrete perimeter foundation. vii. Each home shall be established according to the manufacturer's installation instructions, as appropriate. If manufacturer instructions are unavailable, installation shall follow the HUD model manufactured home installation standards available from the housing and urban development website. viii. All utility connections, including, but not limited to, water, sanitary sewer/septic tank, electricity, and gas, shall be made as required by the county's building codes. ix. Any pre-owned manufactured home or mobile home 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. 105-11. - Inspection checklist for pre-owned manufactured/mobile homes. All pre-owned manufactured or mobile homes being located in Dawson County or moved into Dawson County under this section must meet the following regulations: Electric. a. Electrical systems. All parts of the home's electrical systems (including, but not limited to, switches, receptacles, fixtures, etc.) shall be properly installed and wired and shall be in working condition. Distribution panels shall be in compliance with the approved listing, complete with required breakers, and all unused openings covered with solid covers approved and listed for that purpose. The home shall be subject to an electrical continuity test to ensure that all metallic parts are properly bonded. b. Smoke detectors. Each pre-owned manufactured home shall contain one operable battery- powered smoke detector in each bedroom and the kitchen, which must be installed per the manufacturer's recommendations. ---PAGE BREAK--- 29 Plumbing. a. Every plumbing fixture, water, and waste pipe of a pre-owned manufactured home shall be in sanitary working condition when properly connected and free from leaks and obstructions. Each home shall contain a kitchen sink. Each bathroom shall contain a lavatory and water closet. At least one bathroom shall include a tub and/or shower facility. Each of these fixtures shall be checked upon being connected to ensure they are in good working condition. b. Hot water supply. Each home shall contain a water heater that is in safe and working condition. HVAC—Heating system. Heating systems shall be safe and in working condition. Un-vented heaters shall be prohibited. Manufactured or mobile home unit. a. Every floor, interior wall, and ceiling of a pre-owned manufactured home shall be in sound condition. Doors and windows shall be operable, watertight, and in good working condition. The floor system shall be in sound condition and free of warping, holes, water damage, or deterioration. b. Roofs shall be structurally sound and have no apparent defects that might admit rain or cause moisture to collect on the interior portion of the home. c. The exterior of all pre-owned manufactured homes shall be free of loose or rotting boards or timbers and any other conditions that might admit rain or moisture to the interior portions of the walls or to occupied spaces. d. HUD Code. Every pre-owned manufactured home located in Dawson County shall be in compliance with the Federal Manufactured Housing Construction and Safety Standards Act, 42 U.S.C. 5401-5445 ("the HUD Code"), and shall not have been altered in such a way that it no longer meets the HUD Code. e. Newly manufactured units that have never been used must be verified by the manufacturer. Additional requirements for pre-owned manufactured/mobile homes. a. Scheduled by building inspector; b. If inside the county: Subject to the following fees: $500.00 per inspection; c. If outside the county: Subject to the following fees: $500.00 per inspection plus $0.25 per mile. These fees are in addition to permit fees for manufactured or mobile homes, which include inspection fees on manufactured or mobile homes after being located inside the county; d. Inspections may be performed by a licensed structural engineer regardless of distance; however, an inspection by a licensed structural engineer shall be required for all manufactured or mobile homes outside of a 50-mile radius of the City of Dawsonville; e. All third-party inspections shall cover the requirements of this division, and the licensed structural engineer shall stamp the inspection results. ---PAGE BREAK--- 30 Sec. 105-12. - Application for permit. To obtain a permit, the applicant shall first apply in writing on a form furnished by the Community Development Department. Such application shall: i. Identify and describe the work to be covered by the permit for which the application is made; ii. Describe the land on which the proposed work is to be done by street address and tax parcel identification that will readily identify and locate the proposed building or work; iii. Indicate the use and occupancy for which the proposed work is intended; iv. Be accompanied by construction documents and other information as required by this code; v. Be signed by the applicant, or the applicant's authorized agent; and vi. 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 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. 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 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 ---PAGE BREAK--- 31 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. SECTION 12. 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 ---PAGE BREAK--- 32 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. 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. SECTION 13. 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. ---PAGE BREAK--- 33 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. SECTION 14. 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 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. ---PAGE BREAK--- 34 Department. The Dawson County Department of 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 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. 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. ---PAGE BREAK--- 35 Third-party plans review. A review of building construction plans was performed in conformity with this program by approved third-party plan reviewers. SECTION 15. 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. SECTION 16. 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. 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. ---PAGE BREAK--- 36 i. 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. ii. 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. iii. Buffers required alongside 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. iv. 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. Supplemental plantings. i. 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. ii. 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 feet in height at the time of planting and shall be a species that will achieve a height of 20 feet at maturity. Trees shall be a native species of mixed deciduous and evergreen species. 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. iii. 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. i. Nonresidential and multi-family uses shall provide for and maintain landscape plantings on-site as follows: 1. In a landscape strip at least twenty (20) feet in width adjacent to any street right-of-way abutting the property and running the length of the entire property frontage; ---PAGE BREAK--- 37 2. 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 3. As required by a condition of zoning, special use or variance approval. ii. 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: 1. 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. 2. 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. 3. 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. 4. 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. iii. Landscape strips that are to be wider than ten feet in width shall contain landscaping and plantings within or adjacent to the strip as follows: Tree and shrub quantities shall be proportional to their landscape width (e.g. a 20-foot wide landscape strip would require two trees and two shrubs for each 25 linear feet of strip length). iv. Off-street surface parking lot(s) that are required to contain more than five parking spaces shall contain landscaping and planting as follows (See Detail No. 1, Frontage Parking Strips): 1. Trees shall be provided and maintained adjacent to, and in the interior portion of, parking lots in a ratio of one tree for each seven parking spaces. In addition, every parking space shall be within 50 feet of the trunk of a tree. 2. Deciduous trees shall be at least two inches in diameter and evergreen trees shall be at least eight feet in height. Trees shall be a canopy or understory tree from the Tree Species List attached to this article. In addition, at least one in every three trees shall be a canopy tree. 3. The minimum planting area or island for each canopy tree shall be at least 200 square feet. If shared with other trees, 80 square feet for each additional tree shall be added. 4. The minimum planting area or island for each understory tree shall be 100 square feet. If shared with other trees, 40 square feet for each additional tree shall be added. ---PAGE BREAK--- 38 5. Each planting area or island shall not be less than four feet in width in any direction. 6. Ground areas 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. 7. Paved or striped islands greater than 50 square feet shall not be allowed. These areas shall contain landscape plantings. 8. A planting area or island shall be located at the end of every parking bay and every 150 linear feet of parking spaces. These islands shall be a minimum of ten feet × 20 feet in area. 9. Islands shall be located in such a manner as to divide and break up the expanse of a parking area. A planting area, which intrudes upon or is located wholly within a general rectangular area that is: a. Devoted to parking; and b. Either between a lot line and a building or between two buildings will generally serve this purpose. Residential subdivisions. i. Residential subdivisions shall provide for and maintain landscape plantings on- site as set forth below in the following circumstances: 1. In no-access easements that are by the land use resolution along the line of double frontage lots abutting upon a major thoroughfare; and 2. As required by a condition of zoning, special use, modification, variance or waiver approval. ii. In accordance with the above, screening shall be as follows: 1. Planted with a single line of evergreen trees at least six feet in height and spaced no greater than ten feet apart; 2. Contain a solid or decorative fence at least four feet in height; or 3. Contain such other landscaping treatment or grade changes that will produce a partial screening effect as authorized by the director. Encroachment into landscape strips. Landscape strips shall not be encroached upon by parking spaces, driveway surfaces or storm water detention facilities except that driveway crossings may traverse such strip as near to a perpendicular alignment as practical. Signs may also be located in such strip. Tree replacement. Trees that must be removed or that have the tops cut to comply with this section shall be replaced with the equivalent inches of removed trees. However, trees removed due to disease or insect infestation upon the written advice and findings of the county extension service, the Georgia Forestry Commission, or Certified Arborist shall be replaced in accordance with the minimum standards contained in this article. SECTION 17. ---PAGE BREAK--- 39 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 within 30 days after receipt by the local issuing 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. SECTION 18. Sec. 109-88. - Etowah River water supply watershed protection overlay district; restrictions. Small water supply watersheds; restrictions. Stream buffer; small water supply watersheds. i. The perennial stream corridors within seven miles radius upstream of a governmentally owned public drinking water supply intake are protected by the following criteria: 1. No impervious surface shall be constructed within a 150-foot setback area on both sides of the stream as measured from the stream banks for all perennial streams unless a greater distance is required specifically by the Dawson County Code. 2. For all perennial streams within the limited development area, no impervious surface shall be constructed within a 100-foot buffer area on both sides of the stream as measured from the stream banks unless a greater distance is required specifically by the Dawson County Code. 3. Septic tanks and septic tank drain fields are prohibited in the setback area of (1)i.1. above. ii. The perennial stream corridors outside a seven-mile radius upstream of a governmentally owned public drinking water supply intake are protected by the following criteria: 1. No impervious surface shall be constructed within a 75-foot setback area on both sides of the stream as measured from the stream banks for all perennial streams unless a greater distance is required specifically by the Dawson County Code. 2. For all perennial streams within the limited development area, no impervious surface shall be constructed within a 50-foot buffer area on ---PAGE BREAK--- 40 both sides of the stream as measured from the stream banks unless a greater distance is required specifically by the Dawson County Code. 3. Septic tanks and septic tank drain fields are prohibited in the setback area of (1)ii.1. above. Land use restrictions; small water supply watersheds. i. New hazardous waste treatment or disposal facilities are prohibited. ii. New sanitary landfills are prohibited. iii. 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. iv. 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, must approve any individual development resulting in more impervious surface than 25 percent of the property's total area. SECTION 19. 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. Permitted use. All uses allowed in the underlying zoning districts as established by the article, except those uses listed in prohibited uses below, are permitted in the Etowah River Corridor protection overlay district, subject to the following conditions and standards. Protected criteria. The Etowah River Corridor protection plan shall provide for maintaining a natural vegetative buffer, except as otherwise provided herein. The Etowah River Corridor protection plan shall not prohibit the construction of a single-family dwelling, including the usual appurtenances, within the buffer area, subject to the following conditions: a. The dwelling shall comply with all Dawson County zoning regulations. b. The dwelling shall be located on a tract of land containing at least two acres; c. The size of the tract of land shall not include any area that lies within the protected river; that is, for tracts of land that contain portions of a protected river, the area between the river banks cannot be counted towards the two-acre minimum size); d. Only one dwelling on each two-acre or larger tract of land; e. A septic tank or tanks serving such a dwelling may be located within the buffer area; and f. Septic tank drain fields shall not be in the buffer area. ---PAGE BREAK--- 41 Within the river corridor, industrial and commercial land uses existing prior to the promulgation of these provisions are exempt from these criteria provided that: a. Industrial and commercial uses of river corridors shall not impair the drinking quality of the river; and b. Industrial and commercial activity within the river corridor shall meet all state and federal environmental rules and regulations. Except as expressly provided for in the provisions of these criteria (dealing with single-family dwellings within the river corridor), septic tanks and drain fields are prohibited within river corridors. The Etowah River Corridor protection plan shall provide for the construction of road crossings and utility crossings of the river corridor, provided that construction of such road and utility crossings shall meet all requirements of the Erosion and Sedimentation Control Act of 1975 (O.C.G.A. § 12-7-1 et seq.), and the Dawson County Soil Erosion and Sedimentation Control Ordinance and any other applicable local ordinances on soil erosion and sedimentation control. The Etowah River Corridor protection plan shall provide the following acceptable uses of river corridors, provided that such uses do not impair the long-term functions of the protected river or river corridor: i. Timber production and harvesting, subject to the following conditions: 1. Forestry activity shall be consistent with best management practices established by the Georgia Forestry Commission; and 2. Forestry activity shall not impair the drinking quality of the river water as defined by the federal Clean Water Act, as amended. Wildlife and fisheries management activities consistent with the purposes of O.C.G.A. § 12-2-8. Recreational usage is consistent with maintaining a natural vegetative buffer or river- dependent recreation. For example, a boat ramp would be consistent with this criterion, but a hard surface tennis court would not. Parking lots are not compatible with this criterion. Paths and walkways within the river corridor are consistent with this criterion. Natural water quality treatment or purification. Agricultural production and management, subject to the following conditions: i. Agricultural activity shall be consistent with best management practices established by the Georgia Soil and Water Conservation Commission; ii. Agricultural activity shall not impair the drinking quality of the river water as defined by the federal Clean Water Act, as amended; and iii. Agricultural activity shall be consistent with all state and federal laws and all regulations promulgated by the Georgia Department of Agriculture. Other uses permitted by the department of natural resources or under Section 404 of the Clean Water Act. ---PAGE BREAK--- 42 Handling areas for the receiving and storing of hazardous waste is prohibited within the river corridor. Hazardous waste or solid waste landfills are prohibited within river corridors. The natural vegetative buffer shall be restored as quickly as possible following any land- disturbing activity within the river corridor. The natural vegetative buffer restoration plan shall be included in the erosion and sedimentation control plan. Dawson County must approve this plan before land disturbance activities. Commercial and industrial uses are prohibited within the river corridor. Except as noted above, all construction within the buffer area shall be prohibited. SECTION 20. Sec. 109-92. - Russell Creek Reservoir watershed protection overlay. The Russell Creek Reservoir is within the Alabama-Coosa-Tallapoosa Basin within the Etowah River watershed. Applicability. These provisions shall apply to all areas within the Russell Creek Reservoir watershed protection overlay district and as defined below. 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: i. A natural undisturbed buffer shall be maintained for 100 feet on both sides of the stream, measured from the stream banks. ii. No impervious surface shall be constructed within a 150-foot setback area on both sides of the stream (as measured from the stream banks). iii. 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. i. New sanitary landfills are prohibited. ii. New hazardous waste treatment or disposal facilities are prohibited. iii. No silvicultural activities shall be permitted within stream buffers and setbacks. iv. 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, must approve any individual development resulting in more impervious surface than 25 percent of the property's total area. ---PAGE BREAK--- 43 v. 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. vi. Adjoining lots to the boundary of the reservoir are subject to the following criteria: 1. The creation of lots on which there is not sufficient area for construction is prohibited. 2. All lots shall have a permanent 150-foot protection buffer adjoining the reservoir property. 3. 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. 4. The 150-foot buffer area shall remain a natural vegetated buffer. vii. Access the Russell Creek Reservoir to conform to the Etowah Water and Sewer Authority policies. Water supply reservoir management plan. a. Etowah Water and Sewer Authority shall develop and update a reservoir management plan for approval by the department of natural resources. A reservoir management plan protects the Russell Creek Reservoir. All properties within these areas shall have a permanent 150-foot protection buffer adjoining the reservoir property from the normal full-pool elevation. b. No septic tanks, septic tank drain fields, related structure or feature, substantial structure, or other feature, which may adversely impact the reservoir, may occupy any portion of this 150-feet buffer. Additionally, this area should be a natural, vegetated buffer when the requirements of this section conflict with the requirements within itself or any other lawfully adopted rules, regulations, resolutions, deed restrictions, or covenants, the more restrictive or that imposing higher standards shall govern. c. The reservoir management plan shall include a buffer maintained 150 feet from the reservoir boundary. Recreational use of the reservoir and maintaining a buffer around the reservoir. Any recreational uses shall protect the reservoir's water quality for drinking water purposes. The recreational uses shall be outlined in the reservoir management plan. SECTION 21. Sec. 113-27. - Lands to which this chapter applies. This chapter shall apply to all areas within the jurisdiction of Dawson County, Georgia. Sec. 113-28. - Basis for area of special flood hazard. ---PAGE BREAK--- 44 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. SECTION 22. Sec. 113-78. - Specific standards. In all areas of special flood hazard the following provisions are required: New construction and/or substantial improvements. Where base flood elevation data are available, new construction and/or substantial improvement of any structure or manufactured home shall have the lowest floor, including basement, elevated no lower than one foot above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate equalization of flood hydrostatic forces on both sides of exterior walls shall be provided in accordance with standards of section 113-77(4), "elevated buildings." All heating and air conditioning equipment and components (including ductwork), all electrical, ventilation, plumbing, and other service facilities shall be elevated at or above one foot above the base flood elevation. Nonresidential construction. New construction and/or the substantial improvement of any structure located in A1-30, AE, or AH zones, may be floodproofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be water tight to one foot above the base flood elevation, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such certification to the official as set forth above and in section 113-59(7). Standards for manufactured homes and recreational vehicles. Where base flood elevation data are available: a. All manufactured homes placed and/or substantially improved on: i. Individual lots or parcels; ii. In new and/or substantially improved manufactured home parks or subdivisions; iii. In expansions to existing manufactured home parks or subdivisions; or ---PAGE BREAK--- 45 iv. 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: i. The lowest floor of the manufactured home is elevated no lower than one foot above the level of the base flood elevation; or ii. 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)) Floodway. Located within areas of special flood hazard established in section 113-28, are areas designated as floodway. A floodway may be an extremely hazardous area due to velocity floodwaters, debris or erosion potential. In addition, the area must remain free of encroachment in order to allow for the discharge of the base flood without increased flood heights. Therefore, the following provisions shall apply: a. Encroachments are prohibited, including earthen fill, new construction, substantial improvements or other development within the regulatory floodway. Development may be permitted however, provided it is demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the encroachment shall not result in any increase in flood levels or floodway widths during a base flood discharge. A registered professional engineer must provide supporting technical data and certification thereof. b. Only if subsection (4)a of this section is satisfied, then any new construction or substantial improvement shall comply with all other applicable flood hazard reduction provisions of this article. SECTION 23. 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. ---PAGE BREAK--- 46 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. 113-82. - Standards for critical facilities. Critical facilities shall not be located in the 100-year floodplain or the 500-year floodplain. All ingress and egress from any critical facility must be protected to the 500-year flood elevation. 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: 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. New construction or substantial improvements of buildings shall be elevated or flood-proofed to elevations established in accordance with Section 113-78. SECTION 24. Sec. 113-108. - Variances. The Dawson County Planning Commission shall hear and decide requests for appeals or variance from the requirements of this chapter. The Planning Commission 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. ---PAGE BREAK--- 47 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 shall consider all technical evaluations, relevant factors, and all standards specified in this and other sections of this chapter. Conditions for variances: i. 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. ii. 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. iii. 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. iv. 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 may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. SECTION 25. ---PAGE BREAK--- 48 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 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 ---PAGE BREAK--- 49 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. Existing construction, for the purposes of determining rates, means structures for which the start of construction commenced before December 15, 1990. 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. Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads. Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: The overflow of inland or tidal waters; or The unusual and rapid accumulation or runoff of surface waters from any source. Flood hazard boundary map (FHBM) means an official map of a community, issued by the Federal Insurance Administration, where the boundaries of areas of special flood hazard have been defined as zone A. Flood insurance rate map (FIRM) means an official map of a community, issued by the Federal Insurance Administration, delineating the areas of special flood hazard and/or risk premium zones applicable to the community. Flood insurance study the official report by the Federal Insurance Administration evaluating flood hazards and containing flood profiles and water surface elevations of the base flood. Floodplain means any land area susceptible to flooding. Flood proofing means any combination of structural and nonstructural additions, changes, or adjustments to structures, which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. ---PAGE BREAK--- 50 Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed. Highest adjacent grade means the highest natural elevation of the ground surface, prior to construction, adjacent to the proposed foundation of a building. Historic structure means any structure that is: Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the national register; Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district; Individually listed on a state inventory of historic places and determined as eligible by states with historic preservation programs which have been approved by the Secretary of the Interior; or Individually listed on a local inventory of historic places and determined as eligible by communities with historic preservation programs that have been certified either: a. By an approved state program as determined by the Secretary of the Interior; or b. Directly by the Secretary of the Interior in states without approved programs. Lowest floor means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other provisions of this Code. Manufactured home means a building, transportable in one or more sections, built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property. Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Mean sea level means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this chapter, the term is synonymous with national geodetic vertical datum (NGVD). ---PAGE BREAK--- 51 National Geodetic Vertical Datum (NGVD) as corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain. 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 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. 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. North American Vertical Datum (NAVD) as corrected in 1988 is a vertical control used as a reference for establishing varying elevations within the floodplain. Recreational vehicle means a vehicle, which is: Built on a single chassis; 400 square feet or less when measured at the largest horizontal projection; Designed to be self-propelled or permanently towable by a light duty truck; and Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Start of construction means the date the development permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of the structure such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation, and includes the placement of a manufactured home on a foundation. (Permanent construction does not include initial land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of buildings appurtenant to the permitted structure, such as garages or sheds not occupied as dwelling units or part of the main structure. (Note: Accessory structures are not exempt from any ordinance requirements.) For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure means a walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank. Subdivision the division of a single lot into two or more lots for the purpose of sale or development. Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. ---PAGE BREAK--- 52 Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during a five-year period, in which the cumulative cost equals or exceeds 50 percent of the market value of the structure prior to the start of construction of the improvement. Note: The market value of the structure should be: The appraised value of the structure prior to the start of the initial repair or improvement; or In the case of damage, the value of the structure prior to the damage occurring. This term includes structures, which have incurred substantial damage, regardless of the actual amount of repair work performed. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include: Those improvements of a structure required to comply with existing violations of state or local health, sanitary, or safety code specifications which are solely necessary to ensure safe living conditions and which have been identified by the code enforcement official, and not solely triggered by an improvement or repair project; or Any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure." Substantially improved existing manufactured home parks or subdivisions is where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced. Variance is a grant of relief from the requirements of this chapter, which permits construction in a manner otherwise prohibited by this chapter. Violation means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, or other certifications, or other evidence of compliance required by this chapter is presumed to be in violation until such time as that documentation is provided. SECTION 26. 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 incorporated into development plans. Riparian zones, stream corridors, and wetlands shall be protected for their wildlife habitat and other values. Development plans for these areas shall treat these components as assets. ---PAGE BREAK--- 53 Preserve patches of high-quality habitat, as large and circular as possible, and connected by wildlife corridors. The design of outdoor spaces shall 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. Major considerations concerning water quality shall include organic pollution from infiltration and surface runoff; erosion and sedimentation; water temperature elevation; nutrients such as nitrogen and phosphorous; and toxic materials. Flood plain storage shall not be decreased from its present state. Utilize areas of flood plain for open space and passive recreational purpose. Restore and enhance environmental functions damaged by prior site activities. Sec. 117-95. - Create public spaces and amenity areas. Development shall 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. Outdoor spaces are encouraged, including courtyards, patios, plazas, covered walkways (arcades and colonnades), passages, gardens, and trellised areas. SECTION 27. 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 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 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. ---PAGE BREAK--- 54 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 be used where practicable. Detain runoff with open, natural drainage systems. Design man-made lakes and storm water ponds for maximum habitat value. Best erosion control practices shall be followed. Sec. 117-121. - Retaining walls. Tall, smooth faced concrete retaining walls are prohibited—walls visible from the right-of-way shall be faced with brick, stone, or other architectural treatment in the southern part of the SR 400 corridor and shall be composed of wood or similar earthen material in the northern part of the SR 400 corridor. The height and length of retaining walls should be minimized and screened with appropriate landscaping. Terracing should be considered as an alternative to the use of tall or prominent retaining walls, particularly in highly visible areas on hillsides. A highly visible, long, smooth, concrete retaining wall that should be finished with brick, stone, or other architectural finish, or otherwise screened from view from the public right-of-way. Sec. 117-122. - Utilities. Any utility installation proposed should be carefully assessed to insure against physical and visual damage to the landscape. Utility easements should be coordinated and combined to minimize the number of additional easements and stream and road crossings needed. All individual utilities serving developments shall be installed underground. Utility easements shall be naturally landscaped or stabilized per BMPs. Sec. 117-123. - Berms. Berms shall 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. ---PAGE BREAK--- 55 When used for screening, berms can be combined with a fence or planting. Berms should be constructed of good quality soil (for planting) on top of landfill, separated by an impervious layer of clay. Berms can be used for other purposes, besides screening, too, like recreational seating. SECTION 28. Sec. 117-145. - Pedestrian systems must be provided. All pedestrian routes shall 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. Where pedestrian circulation crosses vehicular routes, a change in grade, materials, textures or colors shall 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. SECTION 29. Sec. 117-174. - Principal site access. The entire parcel, rather than simply a particular project, shall 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 be provided to adjacent properties. Shared driveways between two parcels, at the property line, shall be required. New driveways shall be sited away from or immediately opposite street intersections. Provide adequate driveway length. Driveways shall be long enough to allow adequate space for vehicles pulling off the road and stacking to enter the road. 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, and the specifications provided in these guidelines. ---PAGE BREAK--- 56 Sec. 117-175. - Service functions. Service functions deliveries, maintenance activities) shall 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 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 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 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 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. SECTION 30. Sec. 117-206. - Generally. Landscaped areas shall be maximized within the viewshed of the highway and major streets. All landscaping shall be continually maintained in a healthy and weed-free condition. Tree and shrub planting shall be grouped together to create strong accent points within the site plan unless circumstances dictate otherwise. All plant materials 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 Director or his or her designee. In prominent public areas, trees larger than the minimum shall be required to create a strong design element. ---PAGE BREAK--- 57 All proposed shrubs except accent, color or ground cover planting shall 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 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 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 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 should be landscaped. Dense landscaping and/or architectural treatments shall be provided to screen unattractive views and features such as storage areas, trash enclosures, transformers, generators, and other similar appurtenances. Standards for transplanting should be in keeping with those established in the International Society of Arboriculture publication, "Tree and Shrub Transplanting Manual" or similar publication. Reference the American Association of Nurserymen publication "American Standard for Nursery Stock" (ANSI Z60, 1973) for plant material quality specifications. Reference the "Manual for Woody Landscape Plants" (Michael Dirr, 1983, Castle Books) or similar publication for information on tree species site requirements. Properties in the south portion of the Georgia 400 corridor shall require a minimum landscaped coverage ratio of 20 percent or as required by the Dawson County Tree Ordinance, whichever is greater. Properties in the north portion of the Georgia 400 corridor shall require a minimum landscaped coverage ratio of 30 percent or as required by the Dawson County Tree Ordinance, whichever is greater. Sec. 117-207. - Buffers. Buffers abutting residential districts. i. Where commercial, industrial, office, or institutional development adjoins/touches 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 a Single- Minimum Buffer Along Side or Rear Yard Adjoining/touching a Single-family ---PAGE BREAK--- 58 family Residential Zoning District Residential Zoning District Office or institutional 40 feet 30 feet Commercial 50 feet 40 feet Industrial 80 feet 70 feet ii. 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 multi-family apartments, condos, and/or townhome residential development that is developed as a part of a mixed-use development. Buffers along Georgia 400 right-of-way in north portion of corridor. Where a commercial, industrial, office, or institutional development abuts Georgia 400 in the north portion of the corridor, there shall be a minimum 30-foot-wide buffer (natural undisturbed, planted, or both) according to standards provided by these guidelines. The buffer shall provide a visual screen for at least 60 percent of the length of the property frontage. Buffer standards. Tree Type Height # of Rows & Spacing Center to Center Spacing Notes Leyland Cypress 5-6 ft. 2/10-12' apart 10-12 ft. Requires pruning after 2 years Hemlock, White Pine 8-10 ft. 2/8-10' apart 8-10 ft. Border line range Virginia Pine 5-6 ft. 2/8-10' apart 8-10 ft. Eleagnus 42 in. min. 2/8' apart 8 ft. Specify fruitland variety Holly 6-8 ft. full 2/6-8' apart 6-8 ft. Specify Standard Burford, Nellie R Stevens, American or Greenleaf variety Magnolia 6-8 ft. 2/8-10' apart 10-12 ft. The above specifications are intended to be illustrative and not intended to be applied rigidly. Furthermore, the number of rows of landscaping needed depends on the required width of the buffer. Vegetative material used in meeting the requirements for buffering should be of a height and mass that meets or exceeds the vegetative material suggested in the buffer standards table above. Sec. 117-208. - Right-of-way frontage planting strips. ---PAGE BREAK--- 59 This section applies to all properties fronting a public street, whether a county road, local public frontage road, or state highway, including Georgia 400; provided, however, that the buffer requirement in the north portion of the Georgia 400 corridor as specified in section 117-207(b) of these guidelines shall supersede the requirement for a right-of-way frontage-planting strip specified in this section. Provide a planting strip along the entire frontage of all road rights-of-way with a minimum depth from the street right-of-way line into the interior of the property as follows: Zoning District Depth of Strip Adjoining Street Right-Of-Way (feet) Multi-Family Residential20 feet Commercial 10 feet Industrial 10 feet Trees equivalent to at least one three inch caliper tree for every 30 linear feet of length shall be saved or planted in such strips (trees may be planted in groups rather than in a single line). Any trees placed between the right-of-way line and the construction area (the buildings, accessory uses, and parking area) may be considered to be in the planting strips. Sec. 117-209. - Tree protection. When a choice is available as to which existing trees to save, emphasis should be given to the preservation of significant trees, even isolated individual trees, over the retention of other trees. Nonsignificant trees, however, should be saved in stands rather than as individual trees scattered over a site. All tree save areas must be delineated on the landscape plan. All buffers with existing trees shall 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 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 be installed prior to or concurrent with the issuance of the construction permit for clearing and/or grading. Active tree protection shall 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 ---PAGE BREAK--- 60 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 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 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. Sec. 117-210. - Parking lot landscaping. Parking lots that face a street should be partially screened from the street by a low fence, wall, hedge, berm, or vegetated buffer. If a parking lot fronts an arterial or major collector street, and is of such a size that it dominates views from the fronting arterial/collector street and detracts from the overall streetscape and community appearance, then the parking lot should be screened or buffered with vegetation in its entirety from view along the fronting roadway(s) within the required right-of-way frontage planting strip (see section 117-208). 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 divide and break up the expanse of parking area. One 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. Landscaping should permit adequate sight distance for motorists and pedestrians entering and exiting a site and should not interfere with circulation patterns. Curbing shall 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. Painted end islands are ineffective and are not permitted. 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. ---PAGE BREAK--- 61 Street trees or parking lot trees shall be a minimum 15-gallon size. Street trees shall be overstory, nonornamental, with a minimum three-inch caliper planted at 75-foot intervals. In the south portion of the Georgia 400 corridor, 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 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 be provided in addition to any proposed on-site landscaping to provide shading, visual enhancement, and continuity for the streetscape. Street tree placement should include consideration for vehicle line of sight, entrance and exit curb cuts, street light and traffic control devices, and other site-specific conditions. Street trees should be planted in a manner so that when they reach maturity they will not conflict with the visibility of signs. Street trees should be pruned from grade to a minimum height of seven feet, six inches to allow visibility of buildings and sufficient vertical clearance. Sec. 117-212. - Irrigation. Water-intensive landscaping, such as turf grass, shall be used minimally. The combined square footage of turf grass and decorative water (e.g. fountains, ponds, etc.) shall be minimized to reduce water use and evapotranspiration. Plant materials shall 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 be provided as appropriate to ensure that all plants receive adequate water for healthy growth. Plantings under roof overhangs shall be avoided as roof overhang plantings conceal potential insect infestations and require additional irrigation arrangements. SECTION 31. Sec. 117-234. - Style. Diversity of architectural design shall be utilized unless the existing building or site is historically important to the district or necessary for architectural harmony. Multiple buildings on the same site shall be designed to create a cohesive visual relationship between and among the buildings. Sec. 117-235. - Exterior materials. ---PAGE BREAK--- 62 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. Industrial within the C-HI and C-IR district shall be exempt from these standards. 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 All exterior facades of a structure located on an outparcel of a larger development shall 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. 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 be painted to match the color of the adjacent surface, unless being used expressly as a trim or accent element. Soffits and other architectural elements visible to the public but not detailed on the plans shall 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 be avoided unless utilized to avoid the monotony of large walls. Approved address numbers shall 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. 117-236. - Colors. Facade colors should be low reflectance, subtle, neutral, or earth tone colors. High-intensity colors, metallic colors, black, or fluorescent colors should not be used. Building trim and accent areas may feature brighter colors, including primary colors, provided that the width of the trim should not exceed four feet. Building colors should be carefully chosen so that each building complements that of its neighbors. Colors can be classified as the "base" color (used on the majority of the building ---PAGE BREAK--- 63 surface), "trim" color (used on the window trim, fascia, balustrades, and posts), and "accent" color (used on signs, awnings, and doors). The base color should consist of more subdued earth tones or brick shades. Trim colors should have contrasting lighter or darker shade than the base color. If natural brick is used, it should not be painted. Sec. 117-237. - Awnings and canopies. The use of awnings on buildings provides much needed protection from sun, wind, and rain, and improves aesthetics of the building exterior. Awnings shall be constructed with a durable frame covered by a canvas material. Awnings that are backlit through translucent materials are not permitted. 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. Solid colors are preferred over striped awnings, but striping is permitted if colors compliment the character of the structure or group of buildings. Awnings are encouraged for first floor retail uses to provide architectural interest and to encourage pedestrian activity. Where awnings are used, they should be designed to coordinate with the design of the building and any other awnings along the same block face. SECTION 32. 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 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. SECTION 33. Sec. 117-257. - Generally. Unattractive project elements such as storage areas, transformers, generators and similar features shall be sited in areas which are generally not visible from the street and must also be screened from view. Electrical transformers which are installed as part of a new project shall be located to the rear of the site or other remote area, or placed undergrounded. Existing transformers located at the front of the site shall be screened by substantial landscaping and/or an architectural barrier. Utility lines are required to be undergrounded. Sec. 117-258. - Trash enclosures. ---PAGE BREAK--- 64 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 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. 117-259. - Mechanical equipment. Rooftop mechanical and electrical equipment shall be screened from public view by building elements that are designed as an integral part of the building architecture. 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. Use of special fencing design or materials should be discussed with county staff in cases where site security is paramount. Chain link fencing shall be vinyl coated black or green and noted as such on a project site plan. Wooden fences shall 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 be compatible with the architecture of the main building(s) and should use similar materials. SECTION 34. Sec. 117-287. - Convenience stores. The on-site circulation pattern shall 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 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 be avoided. Building architecture shall be designed to provide an attractive appearance which is compatible with the surrounding area. All architectural details shall be related to an overall architectural theme. Separate structures (canopy, carwash, cashiers booth, etc.) on the site shall have consistent architectural detail and design elements to provide a cohesive project site. If a car wash is incorporated into the project, it shall be well integrated into the design. The car wash opening ---PAGE BREAK--- 65 shall be sited so that it is not directly visible as the primary view from the street into the project site. Sec. 117-288. - Commercial display lots. Where permitted, the outside storage or display of vehicles, equipment, and merchandise to be rented, leased, or sold, including manufactured home sales, should be visible along no more than 30 percent of the frontage of the property abutting the highway or major street, excluding approved driveway entrances and exits. Screening may be accomplished by a natural vegetative buffer, by a building, by an earthen berm, by a 100 percent opaque, solid wooden fence or wall, or combination of these screening methods. The use of low-lying landscaping that does not screen the display areas from view from the public right-of-way would not comply with this guideline. Outdoor sales for department stores shall be limited to no more than ten percent of the total building footprint of the site, and should be partially screened from view. 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 be designed to be consistent with the design of the center. Where drive-through elements are appropriate, they shall be architecturally integrated into the building. Drive-through elements shall not be located on the street side of the building. The site design shall 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 elements which do not interfere with the on-site parking for patrons entering the restaurant, nor result in traffic queuing into the street. Free-standing restaurant buildings shall be designed and detailed consistently on all sides, including the rear and side elevations. Outdoor seating areas, play equipment, and perimeter fencing shall be of compatible and attractive design that is integrated with the main building architecture. Sec. 117-290. - Shopping centers. A unified architectural design should be incorporated into each commercial center, including freestanding pad buildings. However, this should not discourage variations in the facades of multi-tenant facilities to enhance the perception of individual places of business. Any such variations should be achieved without creating an uncoordinated appearance or disrupting the harmony of architecture created for the entire development. Outdoor gathering areas and public eating areas are encouraged. ---PAGE BREAK--- 66 On larger commercial sites, a portion of the total building area should be located at the street perimeter, preferably on a corner location. Such siting, together with substantial landscape treatment, reinforces and strengthens the streetscape and helps to screen off-street parking areas. Shopping cart storage areas should be incorporated into the building design to provide a visual screen of carts from the parking area. Recycling collection boxes should be relocated in remote parts of the site and screened. 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. Activity centers must provide pedestrian access and vehicular and pedestrian interconnections between and among land uses within the development. Pedestrian facilities are expected to be included. Improved connections between key designation areas should be developed, such as between residential and commercial areas and connecting to parks and schools. On-street parking. Except on primary frontage roads that provide access through the development, on-street parking may and should be provided on local streets and private access drives, especially within storefront retail areas, to reduce the need for parking lots and act as a buffer between automobiles and pedestrians. Mix of uses. Mixed uses may be combined vertically within the same building or placed side by side on the same parcel, provided that they are in close proximity, planned as a unified and complementary whole, and functionally integrated to make use of shared vehicular and pedestrian access and parking areas. Street design. Streets, along with sidewalks and open spaces, should be designed as the main public spaces of activity centers. Activity centers should have a grid or modified grid of interconnected streets that disperse traffic and shall connect the activity center with surrounding development. Streets within the development should have a design speed of 25 mph. Height and mass. For activity centers, building heights should be greatest near the center of these developments and transition to lower heights outward toward the edge of the development. Buildings at the edge should be comparable in height and massing to the adjacent and nearby properties as well as the surrounding neighborhood. Building placement. Buildings should be placed close to (with little if any setback from) streets internal to the development, or along public streets abutting the development area, as ---PAGE BREAK--- 67 determined in the development review and approval process. The buildings should be generally placed so that the main entrance is oriented to the street sidewalk. Storefront retail areas. The ground level of multi-story buildings should contain retail or entertainment uses with direct entry from the street to provide pedestrian interest along sidewalks. Pedestrian interest can be enhanced with use of windows, entrances, and architectural details. Pedestrian signage, awnings, and ornamentation are encouraged. Storefront windows should be transparent. Mirrored glass, faux windows or display casements are strongly discouraged. Residential uses in activity centers. Some residences should be developed above the retail. A variety of housing types including single-family detached, town homes, multi-family units, and accessory dwellings should be created to provide diversity and a range of costs and types of housing in activity center developments. Pedestrian scale. Activity centers must be designed for the pedestrian as well as the automobile. The network of sidewalks, designated street crossings, and pathways shall be as complete as the one for automobiles and providing direct, convenient access. Sidewalks must be placed on both sides of streets within activity centers. Street trees shall be planted along local streets and frontage roads to provide a distinct separation and buffer between pedestrians and moving automobiles. Open spaces in activity centers. Activity centers shall provide useable open space in the form of urban spaces (plazas, greens, and pocket parks) and/or natural areas. Open spaces may include outdoor restaurant seating and playgrounds. Less formal open space uses such as walking or biking trails along natural streams, wetlands or other natural features should be used on the periphery of these developments. Civic and institutional uses. Sites for churches, schools, community or club buildings, and similar public or semi-public facilities are encouraged to be provided, where appropriate, within activity centers. Uses such as schools, churches, and other institutions where provided should be part of an integrated site design and located and designed to minimize negative impacts. Sec. 117-292. - Business park development. Purpose. The purpose of these design standards 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. ---PAGE BREAK--- 68 Perimeter buffer. Visual buffers consisting of existing vegetation supplemented by plantings and berms shall 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 be allowed except for seasonal display as specified in commercial display lots. Display areas shall be located within screened areas, flex-space, or office buildings. Landscaping. A minimum of ten percent (10%) of each developed subdivided tract within the business park shall be devoted to landscaping. Large canopy street trees should be planted at 60 to 100 foot intervals along internal circulation roads. SECTION 35. Sec. 117-334. - Respect for adjacent residential neighborhoods; building facades; landscaping. New multiple-family residential developments shall 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 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 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. SECTION 36. Sec. 117-357. - Generally. Exterior lighting shall be architecturally compatible with the building style, material and colors. Exterior lighting of the building and site shall 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 ---PAGE BREAK--- 69 be fully shielded or be designed or provided with light angle cut-offs, so as to eliminate uplighting, spill light, and glare. Excessive illumination of signage, building or site shall be avoided. Roof lighting, down- lighting washing the building walls, and illuminated awnings are prohibited. Lighting limitations. The placement of street lights between buildings and the right-of-way of SR 400 in the northern portion of the SR 400 corridor are discouraged, except where they are necessary due to public safety concerns or in activity areas. It is intended that the northern part of the SR 400 corridor will remain a darker environment than the southern portion of the SR 400 corridor. Sec. 117-358. - Mounting poles and height. Fixture mounting height shall be appropriate for the project and the setting. Low, bollard-type fixtures, 3 to 4 feet in height, shall be used as pedestrian area lighting. The mounting height of fixtures in smaller parking lots or service areas shall not exceed twenty feet, with lower mounting heights encouraged, particularly where adjacent to residential areas or other sensitive land uses. The placement of light poles within raised curb planter areas is encouraged, but conflicts with parking lot trees which can obscure the lighting should be avoided. Luminaries should be rugged for the application, adapted to the environment, and designed to give years of trouble-free service. Pole mounted "lantern style" or “post-top" luminaries are preferred. Cut-off fixtures are required. All luminaries used for outdoor lighting shall be full cutoff luminaries which do not emit any direct light above a horizontal plane through the lowest direct-light-emitting part of the luminaire. Security lighting, unless activated by motion sensor devices, shall also meet this requirement. Wallpacks are not permitted unless fully shielded. Sec. 117-359. - Types of lighting. Light fixtures that provide canopy overlighting shall be recessed into the canopy. Yard lights shall be oriented downward; uplighting is not permitted. Roof top lighting is discouraged. The use of excessive night-time security lighting is discouraged. Other security measures should instead be considered. The use of laser source light for outdoor advertising or entertainment is prohibited. High pressure sodium lighting is preferred over metal halide or other types of lighting for outdoor parking lots. ---PAGE BREAK--- 70 SECTION 37. Sec. 117-416. - Alternate design. Determination shall be made by Planning Commission. 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 for review and approval as an alternate design. In considering whether to approve such alternate design, the Planning Commission 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; 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 upon submission of a complete application to the Community Development Director in accordance with the submittal deadline established by the department of Community Development. The public hearing before the Planning Commission 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, 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 before 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. SECTION 38. Sec. 121-26. - Land use districts established. ---PAGE BREAK--- 71 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). b. RL Residential Lakefront. c. RS Residential Suburban (max 1 dwelling unit per gross acre). d. RS-2 Residential Suburban (max 2 dwelling units per gross acre); e. RS-3 Residential Suburban (max 3 dwelling units per gross acre); f. RSR Residential Sub-Rural. 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. 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). SECTION 39. 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 RA 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 Residential Agriculture Corrective status shall be a minimum of one and one-half acres and less than five acres. ---PAGE BREAK--- 72 b. Parcels must have been zoned RA 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. Permitted principal uses. a. Principal uses that are allowed by right or by special use approval are those listed on Table 3.1. for the RA district. b. Restrictions that apply to particular uses allowed by right or special use approval in the RA district are referenced on Table 3.1 and are contained in section 121-75 of this article. Allowed accessory uses. a. The following uses are permitted when compatible with residential uses in a limited area, agriculture, floriculture, horticulture, silviculture, cultivation of field or garden crops, raising and caring for livestock, or similar uses. b. Customary and essential accessory farm buildings to include barns and other livestock structures, storage sheds, and roadside stands not greater than 100 square feet for the sale of products grown on that property only. c. Accessory structures shall be no larger than the footprint of the primary structure or one-half the gross square footage, whichever is greater. d. Home occupations are allowed if requirements in article VI, section 121-181 are met; and the parcel is equal to or greater than three acres in size. 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. Building requirements. The building requirements of parcels determined to be residential agriculture corrective are as set forth for the RA district in Table 3.2. Sec. 121-34. - Entertainment Overlay District. The purpose of the Entertainment Overlay District is to encourage entertainment, retail, restaurant, and other regional activity center 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. ---PAGE BREAK--- 73 District boundaries. The boundaries of the Entertainment Overlay District shall be coterminous with the following parcel: Parcel ID 114 004. Underlying land use regulations. Within the Entertainment Overlay District, land and structures shall be used in accordance with the standards of the underlying land use district. Whenever provisions of this article conflict with any other section in this land use resolution or any other county ordinances, regulations, or the standards set forth in this article shall prevail. Mobile food service units. Notwithstanding anything contrary to the underlying land use district regulations, mobile food service units are allowed to operate within the Entertainment Overlay District subject to the restrictions and requirements of this section. a. Motor vehicle tag. A mobile food service unit must have a valid tag from the state's division of motor vehicles. b. Food service rules. As applicable, mobile food service units shall operate according to the State of Georgia's Rules and Regulations Food Service, Chapter 290-5-14, Manual for Design, Installation, and Construction, Section U - Special Food Service Operations, as amended. c. Licensing. The operator of a mobile food service unit shall apply for a license or permit as may be required by the Dawson County Health Department. The applicant shall submit evidence of health department approval before authorization by the Community Development department. No mobile food service unit shall operate without a health department permit or approval. d. Additional operational constraints. 1. Mobile food service units shall be parked and operated in walkways or interior areas, not in a parking lot. 2. The location and set up of mobile food service units are subject to all applicable safety codes use of propane or generators; pedestrian safety). 3. There shall be no more than eight mobile food service units on-site. 4. No mobile food service unit shall be permitted to operate a vehicular drive-through facility or drive-up window. 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. Wall signs. In the Entertainment Overlay District, the maximum number of wall signs allowed per tenant space shall be three 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 ---PAGE BREAK--- 74 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). SECTION 40. Sec. 121-59. - RT residential town. 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: a. Minimum development size: 25 acres. b. Max density: three dwelling units per gross acre c. Minimum lot size: 10,000 sqft; development must be served by sewer. This standard cannot be varied. d. Minimum lot width: 75 ft. If a variance is requested, the maximum reduction possible is to reduce to 50 ft. e. Minimum lot depth: 100 ft f. Max height: 35 ft g. Setbacks from property lines: 20 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 5 ft. No setback is required from U.S. Army Corps of Engineers line on Lake Lanier Government Line. h. Minimum heated floor area per dwelling unit: 1,200 sqft heated area. This standard cannot be varied. i. 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 ---PAGE BREAK--- 75 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. j. 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. k. 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 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. l. 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: i. 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 ii. 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 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 ---PAGE BREAK--- 76 greenhouses, and home offices that meet the requirements of this section and article VI, section 121-181. i. Accessory structures must be constructed in conjunction with or after the principal building is constructed. ii. The height of the accessory structure shall not exceed the height of the principal building. iii. Accessory structures shall be no larger than 400 square feet in size. iv. Minimum setbacks for accessory structures: 1. Front yard - 40 feet. 2. Side yard - 10 feet. 3. 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. 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. 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, 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. 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 22 feet from its access drive. The setback and driveway are designed to provide room for automobiles. Design standards. For new developments of 50 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. ---PAGE BREAK--- 77 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. 121-60. - 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: a. Minimum lot size: 1 acre on septic and well; 0.75 acre on septic and public or private water system; 0.75 acre on sewer and public or private water system b. 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. c. Minimum lot width: 85 ft. If a variance is requested, the maximum reduction possible is to reduce to 50 ft. d. Minimum lot depth: 100 ft e. Max height: 35 ft f. 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. ---PAGE BREAK--- 78 g. Minimum heated floor area per dwelling unit: 800 sqft heated area. This standard cannot be varied. 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. 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. i. Accessory structures must be constructed in conjunction with or after the principal building is constructed. ii. The height of the accessory structure shall not exceed the height of the principal building. iii. 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. iv. Minimum setbacks for accessory structures: 1. Front yard – 50 feet. 2. Side yard - 10 feet. 3. 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, ---PAGE BREAK--- 79 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. 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: a. Minimum lot size: 1 acre on septic and well; 1 acre on septic and public or private water system; 1 acre on sewer and public or private water system b. 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. c. Minimum lot width: 100 ft. If a variance is requested, the maximum reduction possible is to reduce to 75 ft. d. Minimum lot depth: 100 ft e. Max height: 35 ft f. 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. g. Major farm buildings shall be a minimum distance of 50 feet from the property line or 200 feet from the nearest residence, other than the residence of the owner, whichever is greater. The exhaust end of all poultry houses shall be located not less than 300 feet from any existing residence other than the property owners. All poultry houses shall be located not less than 300 feet from a property line adjacent to residentially zoned property and 50 feet from the property line of any property located in an RA or C-RB district. ---PAGE BREAK--- 80 h. Minimum heated floor area per dwelling unit: 800 sqft heated area. This standard cannot be varied. i. 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: i. 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 ii. 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 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. i. Accessory structures must be constructed in conjunction with or after the principal building is constructed. ii. The height of the accessory structure shall not exceed the height of the principal building. iii. 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. iv. Pet fowl or birds may be kept in cages which shall meet all setback requirements. ---PAGE BREAK--- 81 v. Minimum setbacks for accessory structures: 1. Front yard - 40 feet. 2. Side yard - 10 feet. 3. 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. 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. 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 and must be located to the side or rear of the primary residence or at least 50 ft from the front 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. ---PAGE BREAK--- 82 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: a. Minimum development size: 25 acres. b. Max density: two dwelling units per gross acre c. Minimum lot size: 10,000 sqft; development must be served by sewer. This standard cannot be varied. d. Minimum lot width: 85 ft. If a variance is requested, the maximum reduction possible is to reduce to 50 ft. e. Minimum lot depth: 100 ft f. Max height: 35 ft g. 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. h. Minimum heated floor area per dwelling unit: 1,200 sqft heated area. This standard cannot be varied. i. 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. j. 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. ---PAGE BREAK--- 83 k. 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 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. l. 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: i. 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 ii. 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 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 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. i. Accessory structures must be constructed in conjunction with or after the principal building is constructed. ii. The height of the accessory structure shall not exceed the height of the principal building. iii. Accessory structures shall be no larger than the footprint of the primary structure or one-half the gross square footage, whichever is greater. iv. Pet fowl or birds may be kept in cages that shall meet all setback requirements. ---PAGE BREAK--- 84 v. Minimum setbacks for accessory structures: 1. Front yard - 40 feet. 2. Side yard - 10 feet. 3. 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. Design standards. For new developments of 50 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. 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 ---PAGE BREAK--- 85 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: a. Minimum development size: 25 acres. b. Max density: three dwelling units per gross acre c. Minimum lot size: 10,000 sqft; development must be served by sewer. This standard cannot be varied. d. Minimum lot width: 75 ft. If a variance is requested, the maximum reduction possible is to reduce to 50 ft. e. Minimum lot depth: 100 ft f. Max height: 35 ft g. Setbacks from property lines: 20 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. h. Minimum heated floor area per dwelling unit: 1,200 sqft heated area. This standard cannot be varied. i. 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. j. 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. k. 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 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 ---PAGE BREAK--- 86 access crossings are required – said crossings shall be perpendicular to the buffers. Retaining walls and detention ponds shall not be allowed in the buffer. l. 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: i. 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 ii. 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 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 play houses, small gardens, non-commercial greenhouses, and home offices that meet the requirements of this section and article VI, section 121-181. i. Accessory structures must be constructed in conjunction with or after the principal building is constructed. ii. The height of the accessory structure shall not exceed the height of the principal building. iii. Accessory structures shall be no larger than the footprint of the primary structure or one-half the gross square footage, whichever is greater. iv. Minimum setbacks for accessory structures: 1. Front yard - 40 feet. 2. Side yard - 10 feet. Rear yard - 10 feet. d. Pet fowl or birds may be kept in cages that shall meet all setback requirements. ---PAGE BREAK--- 87 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. Design standards. For new developments of 50 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 ---PAGE BREAK--- 88 district as of the date of initial permitting shall apply. Development standards for the RSR district are: a. Minimum lot size: 1 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. b. 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. c. Minimum lot width: 100 ft. If a variance is requested, the maximum reduction possible is to reduce to 75 ft. d. Minimum lot depth: 100 ft e. Max height: 35 ft f. 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. g. Major farm buildings shall be a minimum distance of 50 feet from the property line or 200 feet from the nearest residence, other than the residence of the owner, whichever is greater. The exhaust end of all poultry houses shall be located not less than 300 feet from any existing residence other than the property owners. All poultry houses shall be located not less than 300 feet from a property line adjacent to residentially zoned property and 50 feet from the property line of any property located in an RA or C-RB district. h. Minimum heated floor area per dwelling unit: 800 sqft heated area. This standard cannot be varied. i. 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 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 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--- 89 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. i. Accessory structures must be constructed in conjunction with or after the principal building is constructed. ii. The height of the accessory structure shall not exceed the height of the principal building. iii. 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. iv. Minimum setbacks for accessory structures. 1. Front yard – 50 feet. 2. Side yard - 10 feet; and 3. 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 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. 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 and must be located to the side or rear of the primary residence or at least 50 ft from the ---PAGE BREAK--- 90 front 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. 121-65. - 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: a. Minimum lot size: 1 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. b. 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. c. Minimum lot width: 100 ft. If a variance is requested, the maximum reduction possible is to reduce to 75 ft. d. Minimum lot depth: 100 ft e. Max height: 35 ft ---PAGE BREAK--- 91 f. 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. g. Major farm buildings shall be a minimum distance of 50 feet from the property line or 200 feet from the nearest residence, other than the residence of the owner, whichever is greater. The exhaust end of all poultry houses shall be located not less than 300 feet from any existing residence other than the property owners. All poultry houses shall be located not less than 300 feet from a property line adjacent to residentially zoned property and 50 feet from the property line of any property located in an RA or C-RB district. h. Minimum heated floor area per dwelling unit: 800 sqft heated area. This standard cannot be varied. i. 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: i. 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 ii. 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 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 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. ---PAGE BREAK--- 92 i. Accessory structures must be constructed in conjunction with or after the principal building is constructed. ii. The height of the accessory structure shall not exceed the height of the principal building. iii. 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. iv. Minimum setbacks for accessory structures: 1. Front yard - 40 feet. 2. Side yard - 10 feet. 3. 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. 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, 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. 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: a. The ADU must be located on the same parcel as the main/primary/principle residence and must be located to the side or rear of the primary residence or at least 50 ft from the front 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 ---PAGE BREAK--- 93 house is a residential product that does not comply with the residential code standards for a conventional site-built residence. i. The height of the ADU shall not exceed the height of the primary residence. ii. The ADU must have a separate address for public safety purposes and shall be served by separate utilities than the primary residence. iii. At least one of the residences (principle residence or ADU) must be owner- occupied full-time. iv. 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. c. Allowed accessory uses are limited to mailbox kiosks, private laundry facilities, parking garages, waste receptacle loading areas, and private amenities. 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 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 ---PAGE BREAK--- 94 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: i. Title of the proposed development. ii. The name, address, and telephone number of the architect, engineer or other designer of the proposed development. iii. Scale, date, north arrow, and general location map showing relationship of the site to streets or natural landmarks. iv. Boundaries of the subject property, all existing and proposed, streets, including right-of-way and street pavement widths. v. 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. vi. Building setbacks, buffers, landscape strips, and common areas. vii. Topographic contours at two feet intervals. viii. All accessory structure's locations delineated. ix. 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. x. 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. i. 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. ii. 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. iii. 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. iv. Sidewalk minimum five feet in width shall be required along existing public road frontages and on at least one side of proposed interior roads. ---PAGE BREAK--- 95 e. Fire protection. i. All multi-family developments shall be designed and constructed as required by local and state fire codes. ii. Roadway widths and design must comply with Fire Code access codes. f. Open space. i. 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. ii. 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. 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. i. All units shall be a minimum of 22 feet from the front property line. ii. 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. iii. Between buildings, there shall be no less than a 20-foot separation. iv. A minimum 50-foot exterior setback from any adjoining parcel boundary is required. v. 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. ---PAGE BREAK--- 96 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. i. Accessory structures must be constructed in conjunction with or after the principal building is constructed. ii. The use of an accessory building for a home occupation is prohibited. iii. The height of the accessory structure shall not exceed the height of the principal building. iv. 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: i. The entire front façade of units, with the exception of windows, doors, and accent features, shall be masonry brick or stone. ii. 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. iii. 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. ---PAGE BREAK--- 97 iv. 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: i. The entire front façade of units, with the exception of windows, doors, and accent features, shall be masonry brick or stone. ii. 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. iii. 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. iv. 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. ---PAGE BREAK--- 98 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. 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: i. 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. ii. Use of materials shall vary and not exceed fifty percent (50%) of any one type per building side. iii. 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: i. Uplighting shall be shielded by a roof overhang or similar structural shield. ii. Luminaires shall be aimed to shield the lamp and its reflective surfaces from off-site view and to prevent light output beyond the building. iii. 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. 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. ---PAGE BREAK--- 99 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. i. Accessory structures must be constructed in conjunction with or after the principal building is constructed. ii. The height of the accessory structure shall not exceed the height of the principal building. iii. 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. 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, ---PAGE BREAK--- 100 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. 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: i. Front yard 35 feet. ii. Side yard - 15 feet. iii. Rear yard - 20 feet. 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: i. Front yard 50 feet. ii. Side yard 10 feet. iii. Rear yard 10 feet. 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. ---PAGE BREAK--- 101 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. i. Accessory structures must be constructed in conjunction with or after the principal building is constructed. ii. 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. iii. 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. 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. 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. i. Front yard 35 feet. ii. Side yard 10 feet. iii. Rear yard 20 feet. ---PAGE BREAK--- 102 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: i. Front yard 50 feet. ii. Side yard 10 feet. iii. 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 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: a. Minimum lot size: 5 acres. This standard cannot be varied with the exception of the family density exception per section 133-337. All proposals to subdivide land shall meet the minimum lot size requirement. b. 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. c. Minimum lot width at building line: 150 ft. If a variance is requested, the maximum reduction possible is to reduce to 100 ft. d. Minimum lot depth: 200 ft ---PAGE BREAK--- 103 e. Max height: 35 ft f. 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. g. Major farm buildings shall be a minimum distance of 50 feet from the property line or 200 feet from the nearest residence, other than the residence of the owner, whichever is greater. The exhaust end of all poultry houses shall be located not less than 300 feet from any existing residence other than the property owners. All poultry houses shall be located not less than 300 feet from a property line adjacent to residentially zoned property and 50 feet from the property line of any property located in an RA or C-RB district. h. Minimum heated floor area per dwelling unit: 800 sqft heated area. This standard cannot be varied. i. 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: i. 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 ii. Project includes 125 or more residential dwelling units; or iii. 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. 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. ---PAGE BREAK--- 104 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: i. The ADU must be located on the same parcel as the main/primary/principle residence and must be located to the side or rear of the primary residence or at least 50 ft from the front property line. There must be at least 10 ft separation between the ADU and the primary residence. ii. The ADU must be constructed in conjunction with or after the primary residence is constructed. iii. 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. iv. The height of the ADU shall not exceed the height of the primary residence. v. The ADU must have a separate address for public safety purposes and shall be served by separate utilities than the primary residence. vi. At least one of the residences (principle residence or ADU) must be owner- occupied full-time. vii. The ADU must be minimum 400 square feet heated space. d. Home occupations are allowed if requirements in article VI, section 121-181 are met. The use of an accessory building for a home occupation shall not be permitted on lots less than three acres in size. 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. 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 the following agriculturally related uses and some non-agriculturally related uses so long as the general character of the farm is maintained. ---PAGE BREAK--- 105 i. Bakeries selling baked goods containing product grown on site. ii. Playground areas or equipment, not including motorized vehicles or rides. iii. Petting farms, animal display and pony rides. iv. Wagon, sleigh, and hayrides. v. Nature trails. vi. Open air or covered picnic areas with restrooms. vii. Educational classes, lectures, seminars. viii. Historical agricultural exhibits. ix. Kitchen facilities and/or tasting rooms for processing/cooking or serving of items for sale containing produce and crops grown on site. x. 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. xi. 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: i. A minimum of 20 parking spaces must be provided. ii. 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. iii. All parking areas shall be located a minimum of 50 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. iv. 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. v. 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. a. 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: i. 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. ii. Event centers must be located on a parcel with a minimum of 15 acres. iii. Event centers may include overnight accommodations subject to the short-term rental and accommodation event center standards of county code chapter 30. ---PAGE BREAK--- 106 iv. 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. v. The maximum number of guests or attendees for an outdoor venue shall be 250 for any single event. vi. Outdoor music shall not be allowed after 10:00 PM. vii. The noise generated from the property shall not exceed 70 decibels (dB) as measured at any property line. viii. A fire safety, prevention, and emergency response services plan shall be submitted for review and approval by Dawson County prior to approval. ix. 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. x. Portable sanitary facilities shall be located at least twenty-five (25) feet from an adjacent property with residential use. xi. Fireworks displays are prohibited. xii. 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. xiii. 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. 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. ---PAGE BREAK--- 107 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. 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: a. Minimum lot size: three acres. This standard cannot be varied. All proposals to subdivide land shall meet the minimum lot size requirement. b. 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 five c. Minimum lot width at building line: 150 ft. If a variance is requested, the maximum reduction possible is to reduce to 100 ft. d. Minimum lot depth: 200 ft e. Max height: 35 ft f. 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. ---PAGE BREAK--- 108 g. Major farm buildings shall be a minimum distance of 50 feet from the property line or 200 feet from the nearest residence, other than the residence of the owner, whichever is greater. The exhaust end of all poultry houses shall be located not less than 300 feet from any existing residence other than the property owners. All poultry houses shall be located not less than 300 feet from a property line adjacent to residentially zoned property and 50 feet from the property line of any property located in an RA or C-RB district. h. 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: i. The ADU must be located on the same parcel as the main/primary/principle residence and must be located to the side or rear of the primary residence or at least 50 ft from the front property line. There must be at least 10 ft separation between the ADU and the primary residence. ii. The ADU must be constructed in conjunction with or after the primary residence is constructed. iii. 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. iv. The height of the ADU shall not exceed the height of the primary residence. v. The ADU must have a separate address for public safety purposes and shall be served by separate utilities than the primary residence. ---PAGE BREAK--- 109 vi. At least one of the residences (principle residence or ADU) must be owner- occupied full-time. vii. The ADU must be minimum 400 square feet heated space. 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. c. A manufactured home is prohibited on a tract of land less than three acres in size unless approved by special use. 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 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 contiguous acres. ---PAGE BREAK--- 110 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 density shall be no more than 1.5 units per acre. This standard cannot be varied. d. The minimum lot size shall be 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: i. 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; ii. Proposed buildings with approximate square footage and footprints; iii. Proposed street layout. iv. Existing topographic conditions to include a contour interval of a minimum five feet based on field surveys or photogram metric photogrammetric methods; v. Amenity areas and buildings, including defined open space; vi. Traffic impact study. vii. Environmental Impact report. viii. Minimum 50 feet undisturbed buffer around the entire perimeter of the development must be shown on the master plan. This standard cannot be varied. ix. 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. ---PAGE BREAK--- 111 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. i. Accessory uses must be located on a parcel that is currently occupied by a principal residential structure. ii. 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. 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 ---PAGE BREAK--- 112 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. Features. 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. 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. ---PAGE BREAK--- 113 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. (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 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. SECTION 41. Sec. 121-74. - Chart of uses in residential land use (zoning) districts. Purpose. This section lists by the following matrix chart the uses allowed by right and by special use approval in each residential zoning district. A listed allowed use is one which is permitted in the zone without any qualifications, except wherever such qualifications may be indicated in this land use resolution and county ordinances. A listed special use is one which may be granted only when certain conditions are met. ---PAGE BREAK--- 114 In the following chart an means that the use is permitted in the zoning district listed by the abbreviation at the top of the column. An means that the use is allowed only by special use approval by the board of commissioners. A blank space indicates that the use is not allowed under any circumstances. Allowed principal uses. A principal use is the specific, primary purpose for which land, or a building is used. Principal uses that are allowed by right or allowed only by special use approval in each zoning district are shown on Table 3.1: principal uses allowed by zoning district. Special uses. Principal uses that are special uses may be granted subject to special use approval following the procedures for amendments as set forth in article X and with consideration of additional review criteria that may be established in this land use resolution and county ordinances. Restrictions on particular uses. Restrictions that apply to certain principal uses and to certain zoning districts are listed in section 121-75. The restrictions also apply to special uses unless specifically waived or modified as a stipulation of special use approval. For those uses that have specific restrictions associated with them, a reference is given on the Table 3.1 to the pertinent subsection of section 121-75. Interpretation of uses. Some degree of interpretation will occasionally be needed. It is not possible to list each, and every variation or name of a given use. In addition to other generally accepted references and resources, the North American Industrial Classification System (NAICS), published by the U.S. Department of Commerce (current available edition), shall be referred to interpret the definition of uses listed on Table 3.1 to identify similar uses that may be allowed along with each listed use. The NAICS classification number is shown on the tables for each applicable use for reference and interpretation only; the NAICS is not adopted as part of this Code. In all cases of uncertainty, the determination of whether or not a particular use is allowed in a particular zoning district shall reflect the purpose of the zoning district as stated in this article, both the common and dictionary definitions of the use, and the array of listed uses that are allowed in the district as to their character and intensity, outdoor storage, traffic generation, and availability of infrastructure, as determined by the Community Development Director. Future abutting developers in non-RA or RRE land use districts. Prior to administrative action on either the land use district or the issuance of a building or occupancy permit the applicant therefore shall be required to sign a waiver which will indicate that the applicant understands that a use is ongoing adjacent to his use which will produce odors, noise, dust, and other effects which may not be compatible with the applicant's development. Nevertheless, understanding the effects of the adjacent RA or RRE use, the applicant agrees by executing the form to waive any objection to those effects and understands that his district change and/or his permits are issued and processed in reliance on his agreement not to bring any action (asserting that the adjacent uses in the RA or RRE district constitute a nuisance) against local governments and adjoining landowners whose property is located in an RA or RRE district. ---PAGE BREAK--- 115 On-site sewage management systems. The Dawson County Board of Commissioners may require larger minimum lot sizes for use of on-site sewage management systems in zoning or land use districts providing for septic service. If there is a conflict between the minimum lot size(s) established by the Dawson County Board of Health and that established by the Dawson County Board of Commissioners, the larger lot size(s) established by the Board of Commissioners shall control. Table 3.1 Principal Uses Allowed by Residential Zoning District NAICS Ref. Principal Uses ↓ Zoning Districts R T R L R S R S - 2 R S - 3 R S R R S R M M R M F V C R V C R A R R E R P C R M H P See Section A = Allowed S = Allowed if Approved as a Special Use Blank Space = Prohibited Agricultural Uses 111 Crop Production, including Greenhouse, Nursery (non- retail), and Floriculture Production A 112 Animal Production and Aquaculture (except for: Dog or Cat Breeding Kennel; and, Animal Slaughtering and Processing) A 112990 Dog or Cat Breeding Kennel S S 121.75 113 Forestry and Logging A 114210 Hunting Preserve S S 121.75 1151 Support Activities for Crop Production A 121-76 115210 Support Activities for Animal A 121-76 ---PAGE BREAK--- 116 Production (including Livestock Breeding Services) 1153 Support Activities for Forestry A 321113 Portable Sawmill A 121.75( 7) 312130 Winery, no retail and/or restaurant S 121.75 Chapter 6 - ALCOH OLIC BEVER AGES 312130 Winery, with retail and/or restaurant S 121.75 Chapter 6 - ALCOH OLIC BEVER AGES 424410 Farmers Market (wholesale) A 541940 Animal Hospital and Veterinary Clinic A S 121.75 712190 Wildlife Preserve S S 121.75 713990 Horse Riding Stables S S 121.75 Residential Uses n/a Single-Family Detached: Site- Built or Modular Home A A A A A A A A A A A A n/a Single-Family Detached: Manufactured Home A A A A A 121-75 n/a Residential Uses A A A A A A A A A A A A 109-87 ---PAGE BREAK--- 117 within the Etowah River corridor protection district Two-Family Dwelling: Duplex A A Three-Family Dwelling: Triplex A A Four-Family Dwelling: Quadruplex A A Single Family Attached: Townhouses A A 121-66 Multi-Family: Apartments A 121-66 Manufactured Home Park A 721191 Bed and Breakfast A A A A Ch. 30, Article V 721199 Short Term Home Rental A A A A A A A A A A A A Ch. 30, Article V Public/Institutional Uses 813110 Churches and Other Facilities for Religious Organizations Worship A A A A A A A A A A A A A Recreation Uses 711212 Commercial Racetrack S 711310 Commercial Arena S 711310 711310 -05 Event Centers Accommodation Rental Event Centers S 713990 Private Amenity A A A A A A A A A 121-75 ---PAGE BREAK--- 118 Area that is a part of and serves a residential development but is located on a separate lot 721211 RV Parks and Campgrounds S 121-75 (10) Communications & Utilities 221 Public Utilities A A A A A A A A A A A A A A 221114 Solar Farm S 121-75 517312 Telecommunicat ion Facility S 121-109 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. 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: i. Adequate parking area is provided for the amenity area; a minimum of 15 parking spaces, and one bicycle rack. ii. 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. iii. 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. iv. Lighting must be provided for the parking area and all walkways and pedestrian access points. v. Full cutoff fixtures shall be required. Public utilities. ---PAGE BREAK--- 119 i. Public utilities shall have a maximum gross total of 400 square feet of structure per parcel unless a variance is approved. ii. 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. i. Freestanding solar panels located on the ground shall not exceed 20 feet in height above the ground. ii. Freestanding solar panels shall meet a minimum setback of 50 feet from all property boundaries. iii. Solar farms shall be located on parcels greater than five acres. iv. A 20-foot undisturbed, vegetated buffer shall be provided along the perimeter of the installation area. v. The vegetated buffer must contain evergreen species. Portable sawmills. i. 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. ii. 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. iii. A portable sawmill shall not be operated for more than four hours on Saturday or Sunday. iv. 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: i. Wineries must be licensed according to the Dawson County Alcohol Ordinance. ii. Retail sales and ancillary restaurant facilities are allowed if approved as a special use. iii. Retail sales and restaurant or food service facilities shall be clearly accessory to the production of wine. iv. 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: i. Noise factors that may impact adjacent residential areas, ii. Isolating factors, such as topography or buffers, and iii. Noxious odors affecting adjacent properties. iv. Potential traffic generated by the use. ---PAGE BREAK--- 120 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 fifteen (15) acres. i. 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. ii. Commercial campgrounds and RV parks shall be served by a central water (community or public) supply. iii. 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. iv. Length of the stay for all but permanent staff shall not exceed 30 consecutive days. v. 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 feet from all adjacent property lines. vi. 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-foot-wide vegetated buffer. vii. Light posts shall not exceed a height of 20 feet from finished grade. viii. The park shall not provide long term RV or semi-truck storage. ix. Sanitary facilities and trash receptacles shall be located a minimum of 200 feet from all property lines. x. Recreational facilities associated with the use shall be for staff and guests only. xi. 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. xii. Service areas and loading areas shall be separated from the primary vehicular and pedestrian circulation areas. xiii. Storage areas and refuse enclosures shall be oriented away from view from the right of way and screened from view. xiv. 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. i. Conservation of natural, archeological, or historical resources. ii. Meadows, woodlands, wetlands, wildlife corridors, game preserves, or similar conservation-oriented areas; iii. Walking or bicycle trails, provided they are constructed of porous paving with pervious materials; ---PAGE BREAK--- 121 iv. Passive recreation areas, such as open fields and community gardens; v. Defined passive amenity space. vi. 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; vii. Nonstructural stormwater management practices and structural stormwater management practices that allow for infiltration, such as bioretention areas; viii. 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. ix. Easements for drainage, pedestrian access; or x. Other conservation-oriented uses compatible with the purposes of this ordinance. Heavy industrial uses. i. Traffic generated from the use shall not use local roads unless located within an approved master development plan. ii. Vehicle access shall be arranged to minimize conflict with vehicular traffic. iii. Outdoor storage shall meet minimum building setbacks and shall be screened by opaque fencing a minimum of six feet in height; and iv. A landscape strip 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 well1 N/A 1 1 N/A N/A 1 1 5 35 Minimum lot size when connected to approved public or private water system and on-site septic2 0.75 0.75 1 N/A N/A 1 1 5 3 Minimum lot size 10,000 0.75 1 10,000 10,000 0.75 0.75 5 3 ---PAGE BREAK--- 122 when connected to approved public or private water system and sewer system3 sqft sqft sqft Minimum lot depth (feet) 100 100 100 100 100 100 150 200 200 Minimum lot width (feet)4 75 85 100 85 75 100 100 175 150 Minimum front yard setback (feet) 25 40 40 25 25 40 40 40 40 Minimum side yard setback (feet) 10 10 10 10 10 10 10 25 25 Minimum rear yard setback (feet) 20 20 20 20 20 20 20 35 35 Minimum heated floor area per dwelling unit 1,200 800 800 1,200 1,200 800 800 800 800 Height 35' 35' 35' 35' 35' 35' 35' 35' 35' Requirements of VCR, VC, RPC, RT, and RMHP district are not incorporated into table 3.2; see respective sections that address these land use districts for performance standards. Table 3.2 Dimensional Requirements by Residential Zoning District* 1 Unless otherwise indicated, the minimum square feet required for a residential unit is 800 square feet (heated). 2 Community or public water. 3 Public water and sewer. 4 Width at the building line; frontage minimum for an individual lot is 30-feet. 5 A manufactured home may be located on a lot of record that is less than three acres with special use approval. SECTION 42. Sec. 121-99. Purpose. ---PAGE BREAK--- 123 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, or hard-coat stucco. Maintenance requirements. Developments in commercial districts shall comply with the site maintenance requirement set forth herein after a certificate of occupancy or certificate of completion for accessory structures has been issued. The owner shall be responsible for these requirements regardless of any tenant relationship or any relationship with any other party: a. The cleanliness of the entire site shall be maintained by removing any trash, rubbish or other debris deposited at the site. b. Landscaping shall be maintained, and dead or damaged plants shall be replaced. c. Any damaged elements of a building (including broken windows) and the site (including curb stops, parking stripes and dumpster screening) shall be repaired or replaced if the building or the site becomes dilapidated or in disrepair. d. All fire suppression systems, including sprinkler systems, shall be maintained in compliance with applicable local, state, and federal statutes, regulations, and ordinances. Outdoor/exterior lighting. All lighting shall be full cutoff fixtures with the exception of special architectural lighting that adheres to the following: a. Uplighting shall be shielded by a roof overhang or a similar structural shield. b. Luminaires shall be aimed to shield the lamp and its reflective surfaces from off-site view and to prevent light output beyond the building. c. A licensed architect or engineer shall stamp a prepared lighting plan that ensures that all exterior lighting adheres to county design standards. Outdoor lighting shall be designed to provide the minimum lighting necessary to ensure adequate safety, night vision and comfort and shall not create nor cause excessive glare upon adjacent properties or public streets or rights-of-way. All light sources shall be located, designed, fitted, aimed, shielded, installed, and maintained to limit illumination only to the target area and shall minimize light trespass. Light sources shall not at any time be directed or angled such that the light emitted from the fixture is focused to a point off the property of the owner of such light fixture. d. Light levels. Light levels shall be as follows: At property lines and rights-of-way Minimum foot- candles Maximum foot- candles 1. At property line abutting a residential zoning district 2. At property line abutting an office- professional zoning district .5 ---PAGE BREAK--- 124 3. At property line abutting a commercial or light industrial zoning district 1.0 4. Off-street parking lots Minimum foot-candles Average foot- candles Maximum foot-candles 5. Office-professional districts 4 8 6. Commercial districts 4 8 7. Light industrial districts 4 8 e. Security and parking lot lighting. i. All security and parking lot lighting shall be full cutoff fixtures. ii. All light fixtures shall be installed so that the light produced is emitted downward. iii. Light shall not be emitted horizontally from the side of the fixture. iv. Pole lights shall not exceed 30 feet in height from finished grade. f. Sign lighting. See Dawson County Sign Ordinance. g. Building lighting and landscape lighting. Building facade lighting and landscape lighting shall be as follows: light fixtures shall be selected, located, and shielded so that direct illumination is focused exclusively upon the building façade, plantings, and other intended site features and away from adjoining properties and the public street and right- of-way. h. Architectural lighting. i. Uplighting shall be shielded by a roof overhang or a similar structural shield. ii. Luminaires shall be aimed to shield the lamp and its reflective surfaces from off- site view and to prevent light output beyond the building. i. Nonconforming light fixtures. Nonconforming light fixtures shall be allowed as follows: i. All light fixtures lawfully permitted and in place before the date of this article shall be allowed to remain. However, any light fixture that replaces a light fixture or any light fixture that is moved shall meet the standards of this article; ii. Exterior light fixtures that direct light toward a street or parking lot that causes disabling glare to motorists shall be shielded within 90 days of notification from Dawson County so that the light fixtures do not cause a potential hazard to motorists; 3. Exterior light fixtures that can be adjusted to conform to this chapter without changing the fixture shall so comply within 30 days of notice from Dawson County regarding conforming to the terms hereof; and 4. New businesses occupying existing structures with nonconforming light fixtures that do not comply with the terms of this article may not replace bulbs or repair offending light fixtures. Instead, the nonconforming fixture(s) shall be replaced. j. Submission of plans. All sites of non-residential construction shall provide the Dawson County Community Development office a lighting plan for the site at the time of ---PAGE BREAK--- 125 submission of plans before the issuance of land development permits or building permits, as applicable. The lighting plan shall include all proposed light fixtures, including light fixtures to be placed upon the building. The lighting plan shall show an overview of the site with light level calculations and foot-candles. The light intensity of each light fixture shall be in accordance with the regulations set forth herein. If light fixtures to be placed upon the building façade cannot be included during the submission of the plans, then the developer/owner/applicant shall show cause regarding why descriptions of the light fixtures cannot be shown at that time. If the cause shown is sufficient, then the planning director may allow the light fixtures to be shown when the developer/owner/applicant submits building plans if the developer/owner/applicant provides a revised lighting plan that provides information regarding the added light generated by such fixtures. All lighting plans submitted shall include a detail sheet, photometric plan, and technical specification of all light fixtures to be installed. Sec. 121-100. - C-RB Rural Business District. Rural business districts are areas where small businesses are established to meet the needs of the rural communities within the county. These establishments are usually located at rural crossroads and on collector roads rather than major arterial roads. Permitted principal uses: The following uses are allowed within this district. Uses not listed in this subsection are prohibited in this district. a. Principal uses that are allowed by right or by special use approval are listed on Table 3.3 in this article. b. Restrictions that apply to particular uses allowed by right or special use approval are referenced on Table 3.3 and are contained in section 121-108 of this article. Prohibited uses: Uses not listed as permitted uses on Table 3.3 are prohibited in this district. In addition, the following uses are specifically not allowed within this district: a. Those uses and activities generating sound, odor, or visual effects, which are reasonably objectionable and noticeable beyond property boundaries. 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, and shipping containers. Building requirements: The minimum area, yard, height and building requirements of the rural business district shall be as follows: a. Minimum lot size: 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: ---PAGE BREAK--- 126 i. Front yard: 40 feet ii. Side yard – 25 feet iii. 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: i. 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 ii. 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. Full disclosure. All uses shall, as part of any application, provide full disclosure of all hazardous or dangerous products used in their commercial or industrial processes together with an explanation of safety measures, disposal measures and emergency medical and evacuation procedures. Changes in processing or manufacturing after initial disclosure relative to this requirement must be reported to the Community Development Director and Fire Marshal within 15 days. Information provided herein shall be provided to the emergency medical service, the fire department and the sheriff's department. Sec. 121-101. - C-CB community business commercial district. ---PAGE BREAK--- 127 Community business commercial districts are areas where small businesses are established to serve needs within the local community and primarily of small retail stores and services, and usually located on collector roads rather than major arterial roads. Permitted principal uses: The following uses are allowed within this district: a. Principal uses that are allowed by right or by special use approval are listed on Table 3.3 in this article. b. Restrictions that apply to particular uses allowed by right or special use approval are referenced on Table 3.3 and are contained in section 12-108 of this article. Prohibited uses: Uses not listed as permitted uses on Table 3.3 are prohibited in this district. In addition, the following uses are specifically not allowed within this district: a. Retail building supply, lumber yards, and similar commercial uses. b. Those uses which generate sounds, odors, or visual effects, which are reasonably objectionable. Building requirements. The minimum area, yard, setback, and building requirements in the C-CB district are as follows: a. Minimum lot size: 43,560 square feet (one acre). b. Minimum setbacks: i. Front yard – 40 feet ii. Side yard - 25 feet iii. Rear yard - 25 feet 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: i. 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 ii. Contains more than 50,000 square feet of gross floor area. ---PAGE BREAK--- 128 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. Full disclosure. Commercial or industrial uses shall, as part of application, provide full disclosure of all hazardous or dangerous products used in their commercial or industrial processes together with an explanation of safety measures, disposal measures and emergency medical and evacuation procedures. Changes in processing or manufacturing after initial disclosure relative to this requirement must be reported to the Community Development Director and Fire Marshal within 15 days. Information provided herein shall be provided to the emergency medical service, the fire department and the sheriff's department. Sec. 121-102. - C-HB highway business commercial district. Highway business commercial districts are areas along major thoroughfares or major arterial roadways that provide services to transient customers, or serve a wide area, or depend upon the highway to transport materials or customers. Permitted principal uses: The following uses are allowed within this district: a. Principal uses that are allowed by right or by special use approval are listed on Table 3.3 in this article. b. Restrictions that apply to particular uses allowed by right or special use approval are referenced on Table 3.3 and are contained in section 121-108 of this article. Prohibited uses: Uses not listed as permitted uses on Table 3.3 are prohibited in this district. In addition, the following uses are specifically not allowed within this district: a. Those uses and activities generating sound, odor, or visual effects, which are reasonably objectionable and noticeable beyond property boundaries. Building requirements. The minimum area, yard, setback, and building requirements in the C-HB district are as follows: a. Minimum lot size: One acre except that where part of a master plan. b. Minimum setbacks: i. Front yard: 40 feet ii. Side yard - 25 feet ---PAGE BREAK--- 129 iii. 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 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. Full disclosure. Non-residential uses shall, as part of application, provide full disclosure of all hazardous or dangerous products used in their commercial or industrial processes together with an explanation of safety measures, disposal measures and emergency medical and evacuation procedures. Changes in processing or manufacturing after initial approval relative to this requirement must be reported to the Community Development Director and Fire Marshal within 15 days. Information provided herein shall be provided to the emergency medical service, the fire department and the sheriff's department. 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. 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. Highway business intensive commercial districts are areas along major thoroughfares or major arterial roadways that provide services to transient customers, or serve a wide area, or depend upon the highway to transport materials or customers. The C-HI district is also suitable for larger-scale commercial uses and light industrial uses that require ample outdoor space for storage, whether equipment, vehicles, or similar. ---PAGE BREAK--- 130 Permitted principal uses. The following uses are allowed within this district: a. Principal uses that are allowed by right or by special use approval are listed on Table 3.3 in this article. b. Restrictions that apply to particular uses allowed by right or special use approval are referenced on Table 3.3 and are contained in section 121-108 of this article. Prohibited uses. Uses not listed as permitted uses on Table 3.3 are prohibited in this district. In addition, the following uses are specifically not allowed within this district: a. Those uses and activities generating sound, odor, or visual effects, which are reasonably objectionable and noticeable beyond property boundaries. Building requirements. The minimum area, yard, setback, and building requirements in the C-HI district are as follows: a. Minimum lot size: Three acres unless part of a master plan. b. Minimum setbacks: i. Front yard: 40 feet ii. Side yard – 25 feet iii. 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: i. 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 ii. 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 ---PAGE BREAK--- 131 Commission. The cost for the review of the traffic impact study by the third-party engineer shall be borne by the applicant. Full disclosure. Commercial or industrial uses shall, as part of any application, provide full disclosure of all hazardous or dangerous products used in their commercial or industrial processes together with an explanation of safety measures, disposal measures and emergency medical and evacuation procedures. Changes in processing or manufacturing after initial approval relative to this requirement must be reported to the planning director and or the fire marshal within 15 days. Information provided herein shall be provided to the emergency medical service, the fire department and the sheriff's department. 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. Permitted principal uses. The following uses are allowed within this district: a. Principal uses that are allowed by right or by special use approval are listed on Table 3.3 in this article. b. Restrictions that apply to particular uses allowed by right or special use approval are referenced on Table 3.3 and are contained in section 121-108 of this article. Prohibited uses. Uses not listed as permitted uses on Table 3.3 are prohibited in this district. In addition, the following uses are specifically not allowed within this district: a. Those uses and activities generating deleterious and hazardous sound, odor, or visual effects beyond the boundary of the area proposed for the C-PCD zone. b. Automobile sales or storage. ---PAGE BREAK--- 132 c. Superstores. Requirements and standards for approval. a. An application for development as a commercial planned comprehensive development must have a minimum area of ten (10) contiguous acres for strictly commercial proposals. The minimum area required for commercial planned comprehensive developments with a residential component other than second story residential is 30 acres. b. The Planning Commission and the Board of Commissioners in their review of the proposed development shall consider: i. The proper relation between the proposed development and surrounding uses, and the effect of the plan upon comprehensive planning for Dawson County; ii. The adequacy of existing and proposed street, utilities, and other public services to serve the development; and iii. The character, design and appropriateness of the proposed land uses and the adequacy of the character, design, and land use to encourage desirable development, including providing separation and screening between uses if desirable. c. Maximum building height shall be 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. Cornices on buildings shall align where possible within the development and the height shall transition in a step-down approach when adjacent to residential development. d. All C-PCD projects shall have a minimum of two distinct types of land use. A minimum of 50 percent of the project shall consist of either, commercial, office, public, personal service, restaurant, or similar uses. Any residential component shall be limited to townhouses or condominium living space above commercial and offices uses. Land use calculation shall be determined by gross floor area for those projects that contain a vertical mixture of uses, and shall be calculated by the total project land area for those projects containing a horizontal mixture of uses. Separate land uses shall be integrated both horizontally and vertically. e. Parking shall be oriented behind or to the side of a building if possible and shared parking shall be incorporated into the design. f. If a residential component is included in the proposed development the following requirements apply: i. If more than 80 residential units are included then a minimum of one amenity area including at least one pool, clubhouse, and two courts, or an equivalent amenity area; ii. Commercial and residential components shall be integrally designed to provide vehicular and pedestrian interconnectivity throughout the development; ---PAGE BREAK--- 133 iii. Townhouse units may be developed up to a maximum density of six units per acre. g. Roads: i. All roads within C-PCD zoning may be a mixture of public and private roadways with public roadways primarily in commercial areas and private roadways within the residential area of the development. ii. Private roads must be maintained by a mandatory property owners association formed by the developer. iii. Private roads must be designated as private roads on all plats, maps, and deeds of the development. A disclosure statement shall be placed in each transfer deed regarding future maintenance responsibility of the private roads. iv. All private roads within the development shall be built to county standards for public roads. v. All roads shall have sidewalks and permanent pedestrian access designed throughout the development and connecting adjoining developments. vi. Public or private streets shall connect the development to adjacent neighborhoods. vii. A traffic study shall be required prior to or concurrent with the submittal of the initial land disturbance permit. h. Utilities: Access and connection to public water and sewer shall be required for development in the CPCD zone. i. Lighting: i. Building entrances and parking areas and pathways shall be designed to include pedestrian scale lighting. ii. Parking area lighting shall have an average of no more than four-foot candles for the projects. iii. Lights shall be designed so that light is not directed off the site and the fixtures shall be fully shielded or be designed with full cut-off fixtures to eliminate up lighting, spill, and glare. iv. Illuminance levels at property lines abutting adjoining residential districts shall be a maximum of zero-foot candles. j. Open space: i. The amount of permanent open space or natural space required shall be no less than 30 percent of the development. ii. Natural areas including constrained land, swamps, floodplains, wetland areas, steep slopes (45 percent or more for a distance of 100 feet or more), lakes, ponds and streams - may be included as open space; but these areas shall not count for more than 50 percent of the total open space required. iii. Developments are permitted to utilize low impact design methods for stormwater management and quality when such methods provide additional open space. iv. Prohibited uses of open space: ---PAGE BREAK--- 134 1. Golf courses. 2. Roads, and impervious parking areas. 3. Agricultural and forestry activities not conducted according to accepted best management practices. 4. Use of motorized vehicles, except for maintenance purposes as provided for in the open space management plan or electric carts. Review and application procedures. a. Pre-application conference. Prior to filing a formal application as a C-PCD, the applicant shall confer with the planning staff in order to review the general character of the plan and to obtain information on projected programs and other matters. b. Development plan. i. An applicant shall file an application with the planning staff for approval of a commercial planned comprehensive development. In addition to the requirements as enumerated in article X, land use amendments, the application shall be supported by a development plan and written summary of intent and shall show the relation between the proposed development and the surrounding area, both existing and proposed. ii. The following items shall be presented: 1. A general location map. 2. Existing topographic conditions, including contour interval of no more than two feet based on field surveys or photogrammetric methods; 3. The existing and proposed land uses and the approximate location of all buildings, structures and open space; 4. The approximate location of all existing and proposed streets and major thoroughfares; 5. The approximate location of all existing and proposed utilities; including a preliminary utility and drainage plan; 6. A legal description of the subject property and a current boundary survey. 7. The location and use of existing and proposed, public, semi-public or community facilities such as school, parking, and open areas. The plans should include areas proposed to be dedicated or reserved for community or public use; c. Additional information may be required by the Community Development Director to properly evaluate the proposal; the additional information may include the following: i. An off-street parking and loading plan; to include a streetscape design ii. An economic feasibility study report or market analysis; iii. A comprehensive traffic study of the area; iv. A traffic circulation plan within the development v. An environmental impact study. ---PAGE BREAK--- 135 d. The land use intent narrative submitted with the development plan shall include the following items: i. An explanation of the character of the proposed development, including a summary of acres, development units, and gross density by type of land use; ii. Minimum standards for floor area, lot size, buffers, open space, yard and spacing requirements; iii. A development schedule and progression of unit division or staging; if applicable, both residential and commercial portions of the project shall be included in the first phase; and iv. Proposed agreements, provisions, and covenants, which govern the use, maintenance, and protection of the development and any common or open areas. e. A conceptual master drainage plan to identify major forms of detention/retention and to encourage creative water quality and quantity treatment processes shall be provided. Approval. An application for approval of a C-PCD will be considered as an application for amendment of the district map and will be subject to the procedures established in article X and this chapter. Building and occupancy permits. When application is made therefore, the department, shall issue building permits for buildings and structures in the area covered by the approved development plan if they are in substantial conformity with the approved development plan, the development schedule, and with all other applicable regulations. Revision of the development plan. Any major or substantial change in the approved development plan which affects the intent and character of the development, the density or land use pattern, the location or dimensions of streets, or similar substantial changes must be reviewed and approved by the Board of Commissioners after receipt of the recommendation of the Planning Commission. A request for a revision of the development plan shall be supported by a written statement justifying the necessity or desirability for such revisions. Notwithstanding the foregoing, the Community Development Director shall have authority to approve minor changes in lot sizes or configurations without prior approval of the Planning Commission or Board of Commissioners. Sec. 121-105. - C-OI commercial office institutional district. Within the commercial office institutional district, a variety of offices, professional offices, institutions, and public offices not involving the sale, wholesale, storage or processing of merchandise are permitted. No retail sales or wholesale shall be permitted. Areas zoned to this classification are not intended to be retail centers, commercial or industrial activities. Rather, it is the intent of the district to provide locations for a wide range of open, uncrowded sites for offices, professional offices and clinics and institutions. This is district is primarily located along highways and/or major arterial roadways but can also be located in an area dominated by institutions, such as a hospital, where a wide range of support land uses are required. ---PAGE BREAK--- 136 Permitted principal uses. The following uses are allowed within this district: a. Principal uses that are allowed by right or by special use approval are listed on Table 3.3 in this article. b. Restrictions that apply to particular uses allowed by right or special use approval are referenced on Table 3.3 and are contained in section 121-108 of this article. Prohibited uses. Uses not listed as permitted uses on Table 3.3 are prohibited in this district. In addition, the following uses are specifically not allowed within this district: a. Those uses and activities generating sound, odor, or visual effects, which are objectionable and noticeable beyond property boundaries. Building requirements. The minimum area, yard, setback, and building requirements in the C-OI district are as follows: a. Minimum lot size. Forty-three thousand five hundred sixty square feet (one acre). b. Minimum setbacks. i. Front yard: 40 feet ii. Side yard - 25 feet iii. 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: i. 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 ii. 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 ---PAGE BREAK--- 137 Commission. The cost for the review of the traffic impact study by the third-party engineer shall be borne by the applicant. Full disclosure. Non-residential uses shall, as part of any application, provide full disclosure of all hazardous or dangerous products used in their commercial or industrial processes together with an explanation of safety measures, disposal measures and emergency medical and evacuation procedures. Changes in processing or manufacturing after initial l disclosure relative to this requirement must be reported to the Community Development Director and Fire Marshal within 15 days. Information provided herein shall be provided to the emergency medical service, the fire department and the sheriff's department prior to the issuance of a certificate of occupancy. Sec. 121-106. - C-IR commercial industrial restricted district. Restricted industrial commercial districts are areas where there is manufacturing, processing, fabricating, or other uses, which may generate noise, odors, traffic activity and may require special energy, waste disposal, or other special utility support services. Permitted principal uses. The following uses are allowed within this district: a. Principal uses that are allowed by right or by special use approval are listed on Table 3.3 in this article. b. Restrictions that apply to particular uses allowed by right or special use approval are referenced on Table 3.3 and are contained in section 121-108 of this article. Prohibited uses. Uses not listed as permitted uses on Table 3.3 are prohibited in this district. In addition, the following uses are specifically not allowed within this district: cement or asphalt manufacture, steel fabrication industries, petroleum refinishing or bulk storage of highly flammable products, stockyards, or feedlots, slaughtering of animals, paper or wood pulp manufacture, open pit mining, quarrying, or sand/gravel removal operations. Building requirements. The minimum area, yard, setback, and building requirements in the C-IR District are as follows: a. Minimum lot size. Four acres except that where part of a master park plan. b. Minimum setbacks. i. Front yard: 50 feet ii. Side yard: 50 feet iii. 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. ---PAGE BREAK--- 138 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: i. 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 ii. 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. Full disclosure. Applicants shall provide full disclosure of all hazardous or dangerous products used in their commercial or industrial processes together with an explanation of safety measures, disposal measures and emergency medical and evacuation procedures. Changes in processing or manufacturing after initial disclosure relative to this requirement must be reported to the Community Development Director and Fire Marshal within 15 days. Information provided herein shall be provided to the emergency medical service, and the sheriff's department prior to certificate of occupancy. Sec. 121-107. - Chart of uses. Purpose. This section lists in matrix charts the uses allowed by right and by special use approval in each ---PAGE BREAK--- 139 commercial zoning district. A listed allowed use is one which is allowed in the zone without any qualifications, except wherever such qualifications may be indicated in this land use resolution. A listed special use is one which may be granted only when certain conditions are met. In the following chart an means that the use is automatically allowed in the zoning district listed by the abbreviation at the top of the column. An means that the use is allowed only by special use approval. A blank space indicates that the use is not allowed under any circumstances. Allowed principal uses. A principal use is the specific, primary purpose for which land, or a building is used. Principal uses that are allowed by right or allowed only by special use approval in each zoning district are shown on Table 3.3: principal uses allowed by commercial zoning district. Special uses. Principal uses that are special uses may be granted subject to special use approval following the procedures for amendments as set forth in article X and with consideration of additional review criteria that may be established in this land use resolution. Restrictions on particular uses. Restrictions that apply to certain principal uses and to certain zoning districts are listed in section 121-108. The restrictions also apply to special uses unless specifically waived or modified as a stipulation of special use approval. For those uses that have specific restrictions associated with them, a reference is given on the Table 3.3 to the pertinent subsection of section 121-108. Interpretation of uses. Some degree of interpretation will occasionally be needed. It is not possible to list each, and every variation or name of a given use. In addition to other generally accepted references and resources, the North American Industrial Classification System (NAICS), published by the U.S. Department of Commerce (current available edition), shall be referred to interpret the definition of uses listed on Table 3.3 to identify similar uses that may be allowed along with each listed use. The NAICS classification number is shown on the tables for each applicable use for reference and interpretation only; the NAICS is not adopted as part of this Code. In all cases of uncertainty, the determination of whether or not a particular use is allowed in a particular zoning district shall reflect the purpose of the zoning district as stated in this article, both the common and dictionary definitions of the use, and the array of listed uses that are allowed in the district as to their character, traffic volume and intensity, as determined by the Community Development Director. Table 3.3 Principal Use Table: Commercial Land Use Districts ---PAGE BREAK--- 140 NAICS Ref. Principal Uses ↓ Zoning Districts → C - R B C - C B C - H B C - H I C - P C D C - O I C - I R Restrictions See Section: A = Allowed S = Allowed if Approved as a Special Use Blank Space = Prohibited Residential Uses C - R B C - C B C - H B C - H I C - P C D C - O I C - I R N/A Single-Family Detached: Site-Built or Modular Home A A A A A N/A Single Family attached: Townhouses A 121-66(4) 623 Residential Care Facilities C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 623110 Assisted Living Facility A A A A A 623110 Nursing Home A A A A A 623311 Continuing Care Retirement Communities (CCRC) A A S A A 623990 Personal Care Home A A A A A A Institutional Uses C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 611 Educational Services: Academic Schools C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 611110 Private Schools: Elementary, Middle, and High School A A A A 611210 Private Schools: Junior Colleges A A A A ---PAGE BREAK--- 141 611310 Private Schools: Colleges and Universities A A A A For non-academic schools and for educational support services, see Commercial Services, beginning under NAICS Ref. # 6114 6214 Outpatient Medical Care Centers C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 6214 Outpatient Medical Care Centers, with the exception of Urgent Care Facilities A A A A 621493 Urgent Care Facilities A A A 622 Hospitals C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 622110 General Medical and Surgical Hospitals A A A 622210 and Substance Abuse Hospitals A A A 622310 Specialty Hospitals A A A 624 Social Assistance C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 6241 Individual and Family Services, non- residential (Child and Youth Services, Services for the Elderly and Persons and Disabilities, and Counseling Services for Individuals and Families) A A A A 624210 Food Banks and Meal Delivery Programs A A A A 624310 Job Counseling and Job Training Services A A A A 624 Child Day Care C - R B C - C B C - H B C - H I C - P C C - O I C - I R ---PAGE BREAK--- 142 D 624410 Day Care Center S A A A A A S 624410 Nursery School A A A A A A 813 Religious, Grantmaking, Civic, Professional, & Similar Organizations C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 8131 Churches and Other Facilities for Religious Organizations Worship A A A A A A A 8132 Grantmaking and Giving Services, including Charitable Organization Offices A A A A A 8134 Fraternal Lodges, Veterans Membership Organizations, and Other Civic and Social Organizations A A A A 121-108 81222 Cemeteries C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 812220 Cemeteries, Memorial Gardens and Mausoleums A A S S S S S 812220 Crematories (not combined with a Funeral Home) S S S S S A Retail Trade C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 441 Motor Vehicle and Parts Dealers C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 441110 New Car Dealers (for automobiles and light trucks) A A A 441110 Auto Broker (no vehicles stored or for sale A A A A ---PAGE BREAK--- 143 on site) 441120 Used Car Dealers (for automobiles and light trucks) A S S 441210 RV (Recreational Vehicle) Dealers A A S 441222 Boat Dealers A A S 441228 ATV, and All Other Motor Vehicle Dealers (excludes medium- and heavy-duty trucks, buses and other motor vehicles; see under Manufacturing, Wholesaling and Warehousing: NAICS Ref. 423110, Automobile and Other Motor Vehicle Merchant Wholesalers) A A S 441310 Automotive Parts and Accessories Stores A A A 441320 Tire Dealers A A A 442 Furniture and Home Furnishings Stores C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 442 Furniture and Home Furnishing Stores, except Wood or Ceramic Tile Flooring Stores & Antique and Used Furniture Stores; see under NAICS Ref. 444 A A A 443 Electronics and Appliance Stores C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 443141 Household Appliance Stores A A A 443142 Cellular Telephone Accessories Stores (accessories only; no phone sales) A A A A 51731 Retailing New Cellular Phone Telephones and Communication Service Plans (with or without repair) services A A A A 443142 Music Stores new records and compact discs) A A A A ---PAGE BREAK--- 144 443142 Electronics Stores A A A A 444 Building Material and Garden Equipment and Supplies Dealers C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 444110 Home Centers A A A 444120 Paint and Wallpaper Stores A A A 444130 Hardware Stores A A A A A 121-108 444190 Wood or Ceramic Tile Flooring Stores A A A 444190 Lumber Yards, retail A A 444210 Outdoor Power Equipment Stores A A A 444220 Greenhouses and Nurseries A A A A A 121-108 444220 Farm Supply Store Feed and Seed Store) A A A A A 121-108 445 Food and Beverage Stores C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 445110 Supermarkets and Other Grocery (except Convenience) Stores A A A A 445120 Convenience Food Stores without fuel pumps A A A A A 445230 Fresh Produce Grocer A A A A A A 121-108 445230 Farmers Market, Permanent A A A A A 4452 Specialty Food Stores, not for immediate consumption and not made on the premises (including Meat Markets, Fish and Seafood Markets, Confectionary and Nut Stores, and Miscellaneous Specialty Foods) A A A A A 445310 Beer, Wine and Liquor Stores (package carryout) A A A A 445291 Retail Bakeries S A A A A ---PAGE BREAK--- 145 446 Health and Personal Care Stores C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 446110 Pharmacies and Drug Stores A A A A 446120 Cosmetics, Beauty Supplies and Perfume Stores A A A A A 446130 Optical Goods Stores A A A A A 446191 Food (Health) Supplement Stores A A A A A 446199 All Other Health and Personal Care Stores (such as hearing aids and convalescent supplies) A A A A A 447 Gas Stations C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 447110 Gasoline Stations with or without Convenience Stores (no repair or service of vehicles on site) A A A A A A 447110 Gasoline Stations with or without Convenience Stores (with light repair or service of vehicles on site) A A A A 448 Clothing and Clothing Accessories Stores (for used merchandise stores, see under NAICS Ref. 453) C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 4481 Clothing Stores A A A A 448210 Shoe Stores A A A A 448310 Jewelry Stores A A A A 448320 Luggage and Leather Goods Stores A A A A 451 Sports, Hobby, Music Instrument & Book Stores (for used merchandise stores, see under NAICS Ref. 453) C - R B C - C B C - H B C - H I C - P C C - O I C - I R ---PAGE BREAK--- 146 D 451110 Sporting Goods Stores A A A A 451120 Hobby, Toy, and Game Stores A A A A 451130 Sewing, Needlework and Piece Goods Stores A A A A A 451140 Musical Instrument and Supply Stores A A A A A 451211 Book Stores A A A A 455 General Merchandise Stores C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 455110 Department Stores A A A A 45521 Warehouse Clubs and Supercenters S A A S 4552191 9 Dollar Stores and Other General Merchandise Stores less than 7500 gross square feet A A A A A 455219 Dollar Stores and Other General Merchandise Stores larger than 7500 gross square feet. A A A 453 Miscellaneous Store Retailers C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 453110 Florists A A A A 459410 Office Supplies and Stationary Stores A A A 453220 Gift, Novelty, and Souvenir Stores A A A 453310 Used Merchandise Stores (including Antiques, Used Books, and Second-Hand Clothing, and Pawnshops) A A A 453910 Pet and Pet Supply Stores A A A A A 453920 Art Dealers (includes commercial studios and galleries); see also under Manufacturing, Artisan for Artisans and Craftsmen A A A A A ---PAGE BREAK--- 147 453930 Manufactured Home Dealers A A 453991 Cigar and Tobacco Shops (excludes lounges; see under Arts, Entertainment and Recreation: NAICS Ref. 713990) A A A 454 Nonstore Retailers (excluding portable stalls and mobile vendors) C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 454310 Fuel Dealers A Commercial Services C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 236 Building Construction Services C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 2361 Residential Construction & Remodeling Contractors, Builders and Developers, office only A A A A 2361 Residential Construction & Remodeling Contractors, Builders and Developers, with outdoor storage S A 2362 Non-Residential Construction Contractors, Builders and Developers, office only A A A A A 2362 Non-Residential Construction & Remodeling Contractors, Builders and Developers, with outdoor storage S A 237 Heavy and Civil Engineering Construction S 238 Building Services: Specialty Trade Contractors C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 238 Specialty Trade Contractors (including: A A ---PAGE BREAK--- 148 Foundation, Structure, and Building Exterior Contractors; Building Equipment Contractors; and, Building Finishing Contractors) 52 Financial and Insurance Services C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 5221 Banks, Credit Unions and Savings Institutions A A A A A 522291 Consumer Lending Services A A A A 522390 Check Cashing Services A A A A 5242 Insurance Agencies, Brokerages, Actuarial Services, and Claims Adjusting A A A A Pawnsho ps - see under Retail Trade, Ref. 453 Miscella neous Store Retailers 532 Rental and Leasing Services C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 531120 Conference and Training Center A A A 531130 Mini Warehouses S S S S S S 121-108 532111 Passenger Car Rental A A 532120 Truck, Utility Trailer, and RV Rental and Leasing A A 532210 Consumer Electronics and Appliances Rental A A A 532284 Boat Rental A A ---PAGE BREAK--- 149 532310 General Rental Centers A A 532490 Farm Implement Rental A A 561 Business & Employment Support Services C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 5613 Employment Support Services (includes Placement Agencies & Executive Search Services; Temporary Help Services; and Professional Employer Organizations) A A A 56143 Business Service Centers (includes printing shops) A A 561910 Packaging and Labeling Services A A 561710 Exterminating and Pest Control Services A A A 561720 Janitorial Services A A A 561730 Landscaping Services A A 561740 Carpet and Upholstery Cleaning Services A A A 611 Job Training: Business Schools, Computer and Management Training, Technical and Trade Schools C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 611430 Professional and Management Development Training A A A A A A 611511 Cosmetology and Barber Schools A A A A A 611513 Apprenticeship Training A A A A A 611519 Other Technical and Trade Schools (includes Bartending Schools, Modeling Schools, Broadcasting Schools, Real Estate Schools, and Computer Repair Training) A A A A A 6116 Other Schools and Instruction (includes Fine Arts Schools, Sports and Recreation Instruction, Language Schools, Exam Prep/Tutoring, and Automobile Driving Schools) A A A A A ---PAGE BREAK--- 150 721 Accommodation Services (Transient Lodging) C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 721110 Hotels A A A 721110 Motels A A A 721211 RV Parks and Campgrounds S S S 121-75 722 Food Services and Drinking Places C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 722320 Catering Services A A A A 722410 Brew Pub / Brewery A A A A Chapter 6 Dawson Code 722330 Mobile Food Services S S S S 722511 Full- Service Restaurants (including Brewpubs) S A A A A A 722513 Fast Food, Drive in A S S 722514 Cafeterias, Grill Buffets, and Buffets A A A A A 722515 Specialty Snack Shops and Non-Alcoholic Beverage Bars, including Coffee Shops, Donut Shops, Bagel Shops, and Ice Cream Parlors S A A A A 8111 Automotive Repair and Maintenance Services C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 8111 General and Specialty Automotive Repair; and, Automotive Maintenance Services A A A Automobile Services A 811121 Automotive Body, Paint, and Interior Repair and Maintenance A 121-108 ---PAGE BREAK--- 151 For automotive accessory sales and/or installation, see under Retail Trade, NAICS Ref. 441 Motor Vehicle and Parts Dealers 8113 Commercial and Industrial Machinery and Equipment Repair and Maintenance Services C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 811310 Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance Services A 8114 Personal and Household Good Repair and Maintenance Services C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 811411 Home and Garden Equipment Repair and Maintenance A A 811412 Appliance Repair and Maintenance A A A A 811420 Reupholstery and Furniture Repair A A A A 811430 Shoe and Leather Goods Repair A A A A 81149 Boat Repair, Storage, and Maintenance S S S A S S 81149 Repair and Maintenance A A 81149 Other Personal and Household Good Repair and Maintenance (includes Garments, Watches, Jewelry, Musical Instruments, and Bicycles) A A A A 8121 Personal Care Services C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 812111 Barber Shops S A A A A A 812112 Beauty Salons S A A A A A 812199 Day Spa A A A A A A 812119 Tattoo and Body Piercing Studios A A A ---PAGE BREAK--- 152 812119 Tanning Salon A A A A A For Fitness Centers, Health Clubs and Recreation Centers - see under Arts, Entertainment and Recreation 8123 Dry cleaning and Laundry Services C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 812310 Coin-Operated Laundries and A A A A 812320 Dry-Cleaning and Laundry Services (except Coin-Operated) A A A A Other Personal Services, Animal Care C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 541940 Animal Hospitals and Veterinary Clinics S S S S S 121-108 b 812910 Pet Grooming Shops A S S S A S 121-108 b 812910 Kennels, Pet Boarding S S S S S 121-108 b Other Personal Services C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 315210 Tailors and Dressmakers A A A A 541921 Photography Studios, Portrait (including still, video, digital, and passports) A A A A Professional and Administrative Offices C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 51 Publishing Offices (see under Manufacturing, Wholesaling and Warehousing for printing of materials) C - R B C - C B C - H B C - H I C - P C D C - O I C - I R ---PAGE BREAK--- 153 5111 Newspaper, Periodical, Book and Directory Publishers A A A A A 5112 Software Publishers (includes software design and development) A A A A A 512230 Music Publishers A A A A A 519130 Internet Publishing and Broadcasting and Web Search Portals A A A A A 52 Financial Offices C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 5222 Credit Card Issuing and Sales Financing A A A A 52231 Mortgage and Non-mortgage Loan Brokers A A A A 52232 Financial Transactions Processing, Reserve and Clearinghouse Activities A A A A 523 Financial Investments and Related Activities, such as: Portfolio Management and Investment Advice; Securities and Commodity Brokerages; and Trust, Fiduciary, and Custody Activities A A A A 541 Professional Offices C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 531 Real Estate Office A A A A A 5411 Lawyers, Notaries and Other Legal Services A A A A A 5412 Accounting, Tax Preparation, Bookkeeping and Payroll Services A A A A A 5413 Architectural, Engineering, Surveying and Related Services (except Testing Laboratories; see under Commercial Services, Other Business Support Services, NAICS Ref. 541380) A A A A A A 5413 Architectural, Engineering, Surveying and Related Services less than 5000 gross square A A A A A A ---PAGE BREAK--- 154 feet 5414 Interior Design, Graphic Design and other Specialized Design Services A A A A A 5415 Computer Systems Design and Related Services A A A A A 5416 Management, Scientific and Technical Consulting Services, including Executive Search and Management Consulting A A A A A 5417 Scientific Research and Development Services A A A A A 541990 Coworking Space A A A A A 55 Corporate Management Offices A A A A A 621 Medical Offices C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 6211 Offices of Physicians (including Physicians that are Mental Health Specialists) A A A A A A A 6212 Offices of Dentists A A A A A 6213 Offices of Optometrists, Chiropractors, Mental Health Practitioners (not Physicians), Therapists (Physical, Occupational and Speech), Podiatrists and Other Health Specialists A A A A A 6215 Medical and Diagnostic Laboratories A A A A A Arts, Entertainment and Recreation C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 711 Performing Arts and Spectator Sports C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 711 Agents, Managers, and Promoters (offices A A A A ---PAGE BREAK--- 155 only) 7111 Outdoor Amphitheater / Music Park S S S S 711212 Commercial Racetrack S S S S 711310 Commercial Arena (for sports and/or concerts) S S S 711310- 05 Event Centers S A 712 Museums, Historical Sites, and Similar Institutions C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 7121 Museums and Commercial Historical Sites, including non-retail Art Galleries A A A A 713 Amusements and Recreation (excludes casinos and other gambling facilities) C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 713940 Fitness Centers, Health Clubs and Recreation Centers (includes Non-Profit facilities, e.g., YMCA) A A A A 713940 Swimming Pools/Aquatic Centers, Commercial A A A A 713950 Bowling Centers A A A 713990 Archery or Shooting Ranges, Indoor S S S S 713990 Archery or Shooting Ranges, Outdoor S S S S 713990 Commercial Fishing Pond A A A 721211 RV (Recreational Vehicle) Parks S S S S 721211 Campgrounds S S S S Other Arts, Entertainment and Recreation Uses C - R B C - C B C - H B C - H I C - P C D C - O I C - I R ---PAGE BREAK--- 156 512131 Motion Picture Theaters (except Drive-Ins) A A A A 713990 Adult Business Establishments A Ch. 30 Licenses, Taxation and Miscellaneo us Regulations Manufacturing, Wholesaling and Warehousing C - R B C - C B C - H B C - H I C - P C D C - O I C - I R Manufacturing C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 3121 Bottling Works and Ice Manufacturing A 313 Textile Mills A 314 Textile Product Mills (such as carpet, rug, curtain and linen mills) A 321 Wood Product Manufacturing and Sawmills S 322 Pulpwood Yards A 3231 Commercial Printing, including Screen and Books A 325314 Compost Manufacturing S 326 Plastics Product Manufacturing A 3273 Cement and Concrete Product Manufacturing A 331 Primary Metal Manufacturing A 332 Fabricated Metal Manufacturing A 337 Furniture and Related Products Manufacturing, excluding Custom Cabinet Shop and Custom Architectural Woodwork and Millwork Craftsmen Studios A ---PAGE BREAK--- 157 337110 Custom Cabinet Shop A A A A 337212 Custom Architectural Woodwork and Millwork Craftsmen Studios A A A A Wholesale Trade C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 42 Wholesale A A 423 Wholesale Building Supply A A 423140 Automobile and Other Motor Vehicle Merchant Wholesalers A S 423320 Brick, Stone, and Related Construction Material Merchant A S 423820 Farm Machinery Sales A A 423930 Recyclable Material Merchant Wholesalers S 4249 Wholesale Landscape Supply Yards (mulch, rock, pine straw, etc.) A A A A 121-75 (12) 423930 Auto wreckers; scrap; waste materials S Warehousing and Storage (for Mini-Warehouses see under Rental and Leasing Services) C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 424710 Petroleum Product Storage A 121-108 493 Distribution Center A A 49311 General Warehousing and Indoor Storage including office/flex warehousing space A A 493 General Warehousing (Outdoor Storage) S S S S S S 121-75 (12) 493120 Refrigerated Warehousing (Cold Storage) A A 493130 Farm Product Warehousing and Storage A 493190 Document Storage and Warehousing A 493190 Lumber Storage Terminals A ---PAGE BREAK--- 158 562212 Inert Waste Landfill S Transportation, Communications & Utilities C - R B C - C B C - H B C - H I C - P C D C - O I C - I R Transportation C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 447190 Truck Stop S 4811 Airport S 4812 Private Airstrip or Heliport S 4853 Taxi and Limousine Service A A A 484110 General Freight Trucking, Local A 485510 Charter Bus Terminal A 488410 Motor Vehicle Towing and Wrecker Services A 488490 Trucking Terminal S 492110 Courier and Express Delivery Services (FedEx, UPS), sorting and forwarding ("UPS Store" would be classified under Commercial Services, NAICS Ref. 56143 Business Service Centers) A 812930 Parking (outdoor storage facilities) for operable vehicles (cars, trucks, RV campers, boats, or similar) S S S S S S Communications C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 5151 Radio and Television Broadcasting Stations A 517 Telephone Exchange S ---PAGE BREAK--- 159 517410 Satellite Receiving Station S 517312 Telecommunication Facility S S S S S S S 121-109 Utilities C - R B C - C B C - H B C - H I C - P C D C - O I C - I R 221 Public and Semi-Public Services, including substations, transformers, transmission towers, and pump houses A 221114 Solar Farms A A 121-108 Sec. 121-108. - 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 zoning districts where the particular uses are allowed, whether by right or through special use approval. Animal hospitals, veterinary clinics and kennel businesses require approval as a special use following the procedures for Amendments and 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. Convenience stores and fresh produce grocers. In the C-RB zoning district, such uses shall not have more than one cash register or check-out counter. Fraternal lodges and other civic and social organizations. In the C-OI zoning district, such buildings shall not exceed 10,000 square feet of gross floor area in size. Hardware stores, feed stores/farm supply, and nurseries/greenhouses. In the C-RB zoning district, such buildings or structures shall not exceed 5,000 square feet in size. Petroleum product storage. The provisions relating to the storage and handling of liquefied petroleum ---PAGE BREAK--- 160 gases shall be those in NFPA 58, Liquefied Petroleum Gas Code, as adopted by chapter 120-3-16, rules and regulations of the safety fire commissioner, as amended. Storage facilities. 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. 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. 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. Solar farms. Freestanding solar panels located on the ground shall not exceed 20 feet in height above the ground. Freestanding solar panels shall meet all setback requirements as required for buildings. Solar farms shall be located on parcels greater than five acres. A 20-foot undisturbed buffer shall be provided along the property boundary of the solar farm. Gasoline service stations. Gasoline pump islands shall not be located closer than 25 feet to any street right-of-way line; however, when pump islands are constructed perpendicular to the pavement edge, the pump island shall be located not less than 40 feet from the right-of-way lines. SECTION 43. 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: ---PAGE BREAK--- 161 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. 121-127. - Uses allowed. Within the MUV district, land and structures shall be used in accordance with the standards set forth herein. Any use not specifically designated as a permitted use shall be prohibited. Permitted uses. Structure and land may be used for only the following purposes: a. Single-family attached dwellings; Townhomes. b. Single-family detached dwellings. c. Apartments. d. Patio homes. e. Restaurants. f. Condominiums. g. Jointly anchored office-residential buildings with ground floor retail. h. Live work units: residential, above or behind commercial and office uses in the same building; i. Small accessory dwelling units (guest house). j. Accessory buildings and uses. k. Clubs and lodges (non-commercial). l. Colleges and universities. m. Commercial and office uses. n. Retail and service uses. o. Day care facilities. p. Family day care. q. Golf courses. r. Group homes. s. Guest houses. t. Home occupations. u. Neighborhood recreation centers. v. Nursing home facilities; with either ground floor retail or medical services. w. Continuum of care retirement facilities. x. Parks, public and private. ---PAGE BREAK--- 162 y. Personal care homes. z. Public utility facilities. aa. Religious institutions. bb. Retirement centers. cc. Schools, public and private. dd. Public uses. ee. Parking structures. ff. Professional, Scientific, and Technical Services; gg. Warehouse flex space; not to exceed 75,000 square feet. Special uses. Low intensity assembly/manufacturing not to exceed 50,000 square feet for the total MUV are permitted subject to the following restrictions. Such facilities must be in an enclosed building or structure, must be designed to fit the architectural theme of the community, must not emit any noxious odors or noise, and shall not be used for the storage of hazardous materials. Prohibited uses. Structure and land shall not be used for the following purposes: Adult entertainment establishments; adult video stores; adult book stores; adult novelty stores; automobile sales, mobile homes/manufactured homes; or any use not designated as a permitted use. Sec. 121-128. - Land area. Land area for the MUV shall be 100 or more 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. Sec. 121-130. - Village center area. The village center area is defined as the geographic area within the community where the majority of commercial, business, and public facilities shall be located that are intended to serve the entire community. The village center area shall be designated on the conceptual plan. Sec. 121-131. - Setbacks and buffers. ---PAGE BREAK--- 163 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. Sec. 121-132. - Building height. No building shall be more than five stories in height or more than 60 feet in height, whichever is less, unless approved by the Board of Commissioners as part of the development plan. The height limitation does not apply to unoccupied and inaccessible architectural features church spires, belfries, cupolas and domes, parapet walls, monuments, government-owned observation towers, water towers, chimneys, flag poles, and similar structures). Sec. 121-133. - Utility construction. All water and sewer service construction shall meet the standards of the service provider. Utilities shall be placed underground. Stormwater facilities shall be constructed to the specifications of the applicable local or state authority. Sec. 121-134. - Transportation system. The street network shall be designed in a connected pattern limiting cul-de-sacs. Street patterns shall be designed to respect and follow existing topography, to minimize earthmoving and disruption of existing natural features. The applicant may request alternative design standards for infrastructure such as narrower streets or alternative stormwater methods to support more creative land development and to decrease potential environmental impacts of proposed development. Any proposed alleyways shall be designed in accordance with the approved development plan. Streets shall be designated public or private on the master development plan. Streets shall be designed to: a. Preserve existing hardwood tree lines and watercourses. b. Minimize alteration of natural, cultural, and historic features. c. Minimize acreage devoted to streets. d. Calm vehicle traffic. e. Promote pedestrian circulation. f. Maximize the view of natural vistas. Street construction. Street design and construction shall be shown on in the master development plan. In the center village the street shall be designed to meet a 300 to 600 feet grid. Parking. Parking spaces shall be provided in accordance with current Dawson County regulations as to number of spaces for a particular use and dimension of spaces. Parking may be ---PAGE BREAK--- 164 shared between land uses. On-street parking shall be permitted throughout the district and shall be depicted on the master development plan. On-street parking spaces shall count toward the minimum spaces required based on the land uses proposed. Off-street parking design shall be approved by the Dawson County Department of Public Works. Alleys. Alleys shall be permitted as appropriate. Alleys shall be designed with a minimum of 12 feet lane width and a minimum R-O-W of 20 feet. Alley design shall be approved by the Dawson County Department of Public Works. Pedestrian circulation. As part of the concept plan, the applicant shall submit a pedestrian circulation plan depicting size and location of all pathways, trails, and sidewalks. All proposed land uses shall be connected to the pedestrian circulation system. Multi-use trails shall be noted in the concept plan. Golf carts are permitted on the multi-use trails if designated on the master development plan. Street trees. As part of the land disturbance plan for permit review, the applicant shall supply a street tree plan showing the location, spacing and type of street trees proposed throughout the development. Street trees shall not be needed in areas where the applicant intends to preserve existing trees. Developments in the MUV District shall meet the provisions of the most current tree preservation and landscaping requirements adopted by Dawson County related to parking areas. Sec. 121-135. – Mixed use village design principals. A mixed-use village consists of a combination of retail, grocery store, service, civic, office, institutional, multi-family, conservation, and residential land uses. These uses are coordinated to create a cohesive and master planned neighborhood with the associated needs for convenience and specialty commercial and services to serve the neighborhood. The mixed-use village specifications are based on a gross overall density of 2.8 units per acre. This is a density neutral concept, regulated by a binding concept plan. Each Mixed-Use Village shall include a specific Village center, which should be the focal point of the village with other uses radiating outward in intensity. The village center exact location may vary for topography, constrained lands, and location on major corridors. The village center shall be designed to serve as the place for daily interaction, shopping, eating, and other personal services within a walking or bicycling distance. Each Village center must include a civic open space. This can be a plaza, square or green, however it must be used and reinforced through appropriate site and building planning as the focal point of the center. The concept plan shall include at least one strong anchor like a grocery store focused on serving community needs. Upper story uses are permitted for each commercial area. ---PAGE BREAK--- 165 Road networks within the village shall be connected maintaining a sense of hierarchy for separation of commercial traffic from residential traffic. Wider sidewalks, street trees, and landscaping as well as street furniture, awnings, and cross walks are required for each village. Sec. 121-136. – Open space. A minimum of 40 percent of the total land area of the MUV district shall be open space or green space. Open space may include areas for both passive and active recreation. Examples include parks, playgrounds, play fields, greenways, trails, streams, creeks, ponds, and natural areas. The concept plan shall show all proposed areas of open space. For the purpose of this section, the developer or owner may designate a portion of the open space as a wetland, stream and/or wildlife mitigation bank, and such area shall be counted as part of the open space. In addition, such mitigation bank may be placed in the ownership of a third party but shall be considered as part of the overall required development open space if such area remains a mitigation bank and is undeveloped. Prohibited uses of open space: a. Golf courses. b. Roads, and impervious parking areas. c. Agricultural and forestry activities not conducted according to accepted best management practices. d. Use of motorized vehicles, except for maintenance accesses. Sec. 121-137. - Architectural 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: 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. 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. 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. ---PAGE BREAK--- 166 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. 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. Use of materials for apartment buildings shall vary and not exceed fifty percent (50%) of any one type per building side. 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. 121-138. - Landscaping. Prior to constructing any structure or facility, the applicant shall submit a landscaping plan showing the location of all proposed landscaping for the area to be disturbed. Such plan shall show all proposed planting material (type and size), ground cover, proposed irrigation, and existing vegetation to be preserved. All plantings shall be Georgia native. Sec. 121-139. - Approval process. To develop in the MUV district, the applicant shall first obtain approval of the concept plan. Concept plan. To rezone to MUV, the developer/applicant must submit a concept plan that shall include, but not be limited to: a. Proposed uses. b. Number of units per use; c. Designated areas of uses. d. Location of proposed open space/greenway areas. e. Proposed name of development. f. Location of all wetlands and streams as those terms are defined under state and federal law; g. Location of streets, roadways, alleyways, sidewalks, trails, and other transportation facilities; h. Location and size of water and sewer facilities. i. Location of all stormwater and sediment control facilities. j. Location and size of lots and building areas along with proposed setbacks. k. Location and designation of all buffered areas; streams, creeks and waterways, wetlands, adjacent property owners. ---PAGE BREAK--- 167 l. Architectural standards as stated in this article. m. Additional items that may be requested by the Dawson County planning staff or the Board of Commissioners necessary to ensure compliance with the terms of this article. The concept plan of the development shall be submitted to Dawson County at the time of filing for rezoning to the MUV district. The concept plan shall be prepared by an architect, landscape architect, engineer and/or land surveyor whose state registration is current and valid. 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. 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: 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 125 or more residential dwelling units; or 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, ---PAGE BREAK--- 168 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 meeting 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. SECTION 44. Sec. 121-168. - Nonconforming uses. The provisions of this article are designed to provide for the continuation and within a suitable period elimination of existing uses of property that do not conform to the requirements of this ordinance or that may not conform to future amendments accomplish this intent. Nonconformity is a characteristic of a building, structure, or area of land, or the use of such building, structure, or area of land, which was lawful prior to the date of enactment of this ordinance or any amendment thereto that does not conform to the requirements applicable to the land use district, in which it is located. Minimize the nuisance, reduction in neighboring property values, and other adverse effects of properties that do not conform to their environs. The provisions of this article allow the property owner or lessee to recover all or a substantial part of his or her investment in the nonconformity, while also minimizing the time period during which, by virtue of the nonconformity, he or she enjoys a special right not available to other property owners in the same zoning district. Continuance of nonconforming uses. The lawful use of any building, structures, land, or sign existing at the time of the enactment or amendment of this ordinance may be continued, even though such use does not conform with the provisions of this ordinance, except that the nonconforming use shall not be: a. Changed or extended to increase the portion of the property covered by the nonconforming building, structure, or sign on which the nonconforming use occurs. b. Extended to occupy a greater area of a building or structure unless such additional area of the building or structure existed at the time of the enactment or amendment of this ordinance and was clearly designed to house the same use as nonconforming use occupying the other portion of the building or structure. Discontinuance of nonconforming uses. Any nonconforming use which is discontinued for a continuous period of one year 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. ---PAGE BREAK--- 169 b. No building other than a single-family detached dwelling shall be rebuilt, altered, or repaired after damage exceeding 75 percent of the total square footage of the residence 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. c. 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 shape of the sign shall be permitted except to make the sign comply with the requirements of this article. d. 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. Discontinuance of nonconforming building. When the nonconforming use of a building, structure, or portion of a structure, which is designed or intended for a use not permitted in the district in which it is located, is discontinued for a continuous period of one year, such building, structure, or portion of that shall be occupied only by a use which conforms to the use regulations of the district in which it is located. Change of nonconforming use. The nonconforming use of any building, structure, or portion of that which is designed or intended for a use not permitted in the district in which it is located, may not be changed to another nonconforming use. Enlargement of nonconforming uses. There shall be no extension or enlargement of a nonconforming use. Enlargement of nonconforming buildings. When a building, structure, or portion of that, is designed or intended for a use not permitted in the district in which it is located, it shall not be enlarged, added to, or structurally altered in any manner except as may be required by law, unless the said building or structure and use of that shall be made to conform to the use regulations of the district in which it is located. Moving. No nonconforming building or structure shall be moved in whole or in part to any other location on the lot, except as required by law, unless every portion of such building or structure which is moved has the use if that made to conform to all the regulations of the district in which it is located. ---PAGE BREAK--- 170 Nonconforming uses—Accessory uses. A nonconforming use of land which is accessory to the nonconforming use of a building or structure shall be discontinued on the same date the nonconforming use of the building or structure is discontinued. (10) Use of a portion of a lot shall not establish a nonconformity as to the entire lot, but only to that portion of the lot actually used at the time of the enactment or amendment of this ordinance. SECTION 45. Sec. 121-181. - Home-based businesses. Administration and enforcement. Any person not complying with any provision of the Dawson County Business License Ordinance may be subject to article XII of this chapter and may be punished by a maximum fine of $1,000.00, as well as penalties imposed within the business license ordinance. Any licensee failing to comply with this section shall have the business license revoked in accordance with Dawson County Business License Ordinance, chapter 30. If a business license application involves a home occupation and is denied by the planning director, then the applicant may file an appeal in accord with article IX of the Land Use Resolution of Dawson County. The approval for a home office or home occupation shall not "run with the land" and shall terminate with a change in location or ownership of the home office or home occupation or ownership of the premises. 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. Permitted home offices. The following activities are permitted as home offices. Offices of professionals including, but not limited to, architects, brokers, counselors, clergy, draftspersons and cartographers, engineers, insurance agents, lawyers, real estate agents, accountants, editors, publishers, journalists, contract management, graphic design, construction contractors, landscape design, surveyors, cleaning services, salespersons and manufacturer's representatives, and travel agents conventional office uses carried on by the occupant that is incidental and secondary to the use of the structure as a dwelling unit. Exception to business license requirement—Secondary offices. A home office in a residential district that is an ancillary office and that is not the primary location for the business of the home office; such ancillary location shall not be required to have a business license issued by Dawson County if the business activity is subject to a business license issued by Dawson County for ---PAGE BREAK--- 171 another location, or if a business license has been issued for another location by some other jurisdiction in the United States. Permitted home occupations. The following activities are permitted as home occupations: a. "Cottage food operators" as defined and licensed by the Georgia Department of Agriculture. b. Personal services, including single chair barber shops, single chair beauty parlors and manicure and pedicure shops, pet grooming, catering, taxidermy services, and chauffeur services. c. Instructional services, including music, dance, art and craft classes, tutoring, and outdoor instruction to include tennis lessons, and swimming lessons. d. Babysitting services, day care homes. e. Studios for artists, sculptors, musicians, photographers, and authors. f. Workrooms for tailors, dressmakers, milliners, and craft persons, including weaving, lapidary, jewelry making, cabinetry and wood working. g. Repair services, including watch and clock, small appliances, computers, and electronic devices. h. Upholstery services if and only if an accessory building on a minimum of three acres may be used for the home occupation. This list may not be all-inclusive. The Community Development Director shall decide whether an unlisted business is substantially similar to a permitted use based upon the proposed business activity. A maximum of two home occupations may be granted to the same residence. Prohibited home occupations. The following activities are prohibited as home occupations: a. Kennels, stables, veterinarian clinics/hospitals. b. Outside obedience training of animals. c. Medical and dental clinics/hospitals. d. Restaurants, clubs, drinking establishments. e. Motor vehicles sales, or storage. f. Repair and service of small internal combustion motors for powered lawn equipment, scooters, all-terrain vehicles, boat motors or construction tools and equipment powered by internal combustion motors; medium and large engine repair. g. Undertaking and funeral parlors and crematoriums: Human or animal cremation facilities. h. Sales of goods to the public from the premises. i. Adult business uses (See Dawson County Adult Business Establishment Ordinance). j. Private clubs. k. Warehousing and/or storing of material not directly used in a licensee's home occupation. l. Automotive services. m. Manufacturing processes, including but not limited to, the production of goods industrially, making something into a finished product on a large scale, or producing something with machines in an industrial manner. Operational standards for home offices: ---PAGE BREAK--- 172 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. 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. The following are operational standards for home occupations: ---PAGE BREAK--- 173 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. 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 stored inside a building. All accessory structures shall meet the requirements set forth for the residential district. 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. 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. ---PAGE BREAK--- 174 i. Ownership. The business owner of the home occupation request shall occupy the dwelling as a principal residence. Accessory buildings for home occupation use. The use of an accessory building for a home occupation shall be permitted in residential districts on lots equal to or greater than three acres in size, except for RS-2, RS-3, RT and RMF. One accessory building per parcel shall be allowed for home occupation use. a. Lot size. The use of an accessory building for a home-based business shall be prohibited on parcels less than three acres in all residential districts; except for RS-2. RS-3, and RMF where it is prohibited to use an accessory building for a home occupation. b. Home occupations may operate in an accessory building used for other purposes, but the maximum square footage used for the home occupation may not exceed the limit set forth in subsection c. The setbacks for all accessory buildings for use in connection with a home occupation shall meet the district setback requirements of the primary residence. d. Accessory building size. The use of an accessory building, where permitted, for a home- occupation shall be limited to 1,800 square feet and shall not exceed the height of the principal residence. e. Access to the accessory structure utilized for a home occupation shall be from the same driveway as the principal residence. Size of residence used as home-based business. No more than 25 percent of the interior heated space of a residence/home shall be used for a home occupation. Signs. a. The maximum size of a permanent sign is three square feet. b. Only one permanent sign is allowed. c. The permanent sign shall be affixed no higher than six feet from the first-floor level to the home or to the accessory building used for home occupation. d. The permanent sign shall not be lighted. (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 forms provided by the county to notify 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 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. 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. Before issuance of an occupational license for a home occupation, the licensee shall submit forms provided by the county to notify, in writing, all adjacent property owners. The licensee shall provide documentation as to the completion of this notification. 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. ---PAGE BREAK--- 175 (11) Nonconforming use. Home-based businesses that hold and continue to maintain a valid business license on the effective date of this chapter shall be permitted to continue the operation as licensed as a nonconforming use if such business does not comply with the terms hereof until the form of the business changes or the ownership of the business changes or any portion of the property changes ownership. SECTION 46. 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. Site plan. All applications shall be accompanied by a site plan which shall at a minimum contain the following information as applicable: ---PAGE BREAK--- 176 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. SECTION 47. 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 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. ---PAGE BREAK--- 177 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. SECTION 48. 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). a. 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. b. 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 ---PAGE BREAK--- 178 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 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. c. 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. d. 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. e. 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. f. 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. ---PAGE BREAK--- 179 3. Contact information for the applicant or authorized representative. 4. Contact information for the Dawson County Community Development department. g. 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 amended. After the public hearing, the Planning Commission's recommendation and draft meeting minutes shall be provided in writing to the Board of Commissioners. SECTION 49. Sec. 121-338. - Purpose. This article formalizes the duties of the Community Development Director, the Planning Commission, and the Board of Commissioners in relation to the provisions of this chapter. Sec. 121-339. - Powers of the Community Development Director. The Community Development 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. ---PAGE BREAK--- 180 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 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 Board of Commissioners concerning applications of rezonings and special uses under the provisions of this chapter. Review, and render decisions concerning variances; and, as well as recommend action to the Board of Commissioners concerning variances when applicable (such as a development proposal for rezoning and variance) 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. Provide review and recommendations concerning appeals of actions of its decisions to the Board of Commissioners. Sec. 121-341. - Powers of the Board of Commissioners. The 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 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 county-initiated land use amendments. SECTION 50. Sec. 121-373. - Notices and hearings. ---PAGE BREAK--- 181 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 Director in accordance with the submittal deadline established by the Community Development 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, the Planning Commission shall have 45 days within which to submit a recommendation 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 within the specified time period, then the Planning Commission shall be deemed to have recommended denial of the proposed amendment or request. Any decision of the Planning Commission that is not automatically placed upon the agenda of the Board of Commissioners pursuant to the terms of this resolution may be appealed directly to the Board of Commissioners within ten (10) days of such decision by filing a written notice of appeal with the Community Development 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. The applicant shall notify the Community Development Director of its desire to appeal the decision of the Planning Commission. The Planning Commission shall notify the Board of Commissioners of the applicant's desire to appeal and shall arrange with the 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 (10) minutes to present data, evidence, and opinions, and an equal minimum time period of ten (10) minutes shall be permitted for presentation by opponents of each request. No amendment, supplement, change, or appeal by the Board of Commissioners shall be effective unless such decision is approved after a public hearing. At least 15 but not more than 45 days’ notice before the date of the hearings by the Planning Commission and the 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 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 in a visible location on the property not less than 15 days ---PAGE BREAK--- 182 before the date of the Planning Commission’s public 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. SECTION 51. Sec. 121-399. - Definitions. When used in this chapter, the following words and phrases have the meaning as defined in this article. Terms not defined here have the same meaning as is found in most dictionaries, where consistent with the content. The terms "must" and "shall" are mandatory in nature, indicating that action shall be done. The term "may" is permissive and allows discretion regarding an action. When consistent with the context, words used in the singular number include the plural, and those used in the plural number include the singular. Words used in the present tense include the future. The word "developer" includes a firm, corporation, co-partnership, association, institution, or person. The word "lot" includes the word "plot" or "parcel." The word "building" includes the word "structure." The words "used" or "occupied" as applied to any land or building include the words "intended, arranged, or designed to be used or occupied." Access. The place, means, or way by which pedestrians or vehicles shall have safe, adequate, or usable ingress and egress to a property, use, or parking space. Accessory structure or accessory use. A structure or use customarily and subordinate to the main use of property and located on the same lot/parcel as the main use. 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. Agriculture. The tilling of the soil, the raising of crops, dairying, animal husbandry, forestry, and horticulture. ---PAGE BREAK--- 183 Agriculturally related uses. Those activities that predominantly use agricultural products, buildings, or equipment, such as pony rides, corn mazes, pumpkin rolling, barn dances, sleigh/hayrides, and educational events, such as farming and food preserving classes, etc. Agricultural products include but are not limited to, crops; fruit, cider and vegetables, floriculture, herbs, forestry, husbandry, livestock, and livestock products; aquaculture products, horticultural specialties, etc. Agriculturally related products. Items sold at a farm market to attract customers and promote the sale of agricultural products. Such items include, but are not limited to, all agricultural and horticultural products, animal feed, baked goods, ice cream and ice cream- based desserts and beverages, jams, honey, gift items, food stuffs, clothing and other items promoting the farm and agriculture in Georgia, and value-added agricultural products and on-site production. Agricultural tourism and/or agri-tourism. The practice of visiting an agribusiness, horticultural or agricultural operation, including, but not limited to, a farm, orchard, greenhouse, hunting preserve, a companion animal or livestock show, for the purpose of recreations, education, or active involvement in the operation, other than as a contractor or employee of the operation. Alley. A minor public right-of-way, which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street. Alteration. A change, addition, or modification in construction or occupancy of a building or structure. Amendment. A change in the wording, context, or substance of the land use resolution, or a change in the district boundaries of district map. Apartment. A multi-story multifamily structure, including individual units that are located back-to- back, adjacent and/or one over the other. Access is usually from a common hall, although individual entrances can be provided. Assisted living facility. A state-licensed personal care home serving seven residents or more that is licensed by the Georgia Department of Community Health to provide assisted living care. "Assisted living care" means the specialized care and services provided by an assisted living community which includes the provision of personal services, the administration of medications by a certified medication aide and the provision of assisted self- preservation. This use shall not include hospitals, convalescent centers, nursing homes, hospices, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. ---PAGE BREAK--- 184 Automobile service station. A retail place of business engaged primarily in the sale of motor fuels, but also supplying goods and services required in the operation and maintenance of automotive vehicles. Automobile services. As an indoor establishment with fully enclosed service bay(s) with operable door(s) for performing indoor vehicle repair and maintenance, including but not limited to brakes, oil changes, lubrication, transmission, engine, belts, hoses, inspections, and tire mounting and installation. Towing services shall constitute a permissible accessory use to this establishment, provided no open or impound storage yard occurs on the property. Basement. That portion of a building between floor and ceiling which is partly below and partly above grade but is so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling. Bed and breakfast. A dwelling occupied by a family and used incidentally to provide overnight accommodation and meals to transient travelers, operated by an owner or designated operator-in- residence, with a maximum number of rented units being six. Board of Commissioners or board. The Board of Commissioners of Dawson County. Buffer. An area of natural vegetation or manufactured construction providing a horizontal distance designed to provide attractive space or distance, obstruct undesirable views, serve as an acoustic barrier, or generally reduce the impact of adjacent development. Building. A structure built and maintained for the support, shelter, or enclosure for persons, motor vehicles, animals, or personal or real property of any kind. The word "building" shall include the word "structure." Building height. The vertical distance from the average grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or the average point of a pitch or hip roof. Building line. A line that coincides with the front side of the main building. Caretaker/employee residence. A second dwelling designed and intended for the housing of person's employed principally on-site for the purposes of care, protection, and security of said property. Caretaker/employee residence shall be subordinate to the principal residence. ---PAGE BREAK--- 185 Cellar. That portion of a building between floor and ceiling which is wholly or partly below grade and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling. County. Dawson County, Georgia. Churches. See definition, "places of worship". Cluster development. Also referred to as a conservation subdivision, planned development, or grouping of lots or dwellings arranged in such a way that open space is maintained throughout the area, that sensitive lands such as wetlands, flood plain, constrained land, and steep slopes remain undeveloped, and that lot layout requires a reduced amount of street and utility placement. Common open space. Publicly or privately owned undeveloped open space intended for aesthetic, recreation, public safety, or other conservation purposes, to be used by the owners or residents of a particular development or the public in general. Constrained land. Unbuildable land such as floodplain, as described by FEMA or other suitable study by an engineer (PE), State Water Buffers (streams and lakes), Wetlands—as defined by the U.S. Army Corps of Engineers; and Steep slopes greater than 45 percent for a distance of 100-feet or more. Continuing care retirement community. A retirement community with accommodations for independent living units, assisted living facilities, and nursing home care, offering residents a continuum of care in a planned, campus-like setting. Conventional construction. A building constructed on the building site from basic materials delivered to the site and from lumber cut on the job. A conventional building is subject to local codes and ordinances. Court. An open unoccupied space other than a yard, on the same lot with a building and bounded on two or more sides by such building. Day care center. An institution, establishment, or place in which are commonly received at one time four or more children not of common parentage, for a period not to exceed 12 hours, for the purpose of being given board, care, or training apart from their parents or guardians for compensation or reward. Density. The number of dwelling units per acre of land. Gross density refers to the number of units per acre of the total land to be developed. ---PAGE BREAK--- 186 Density net. The number of dwellings per net acre, based on the total developable area of the parcel, including vacated rights-of-way, and excluding separate or non-contiguous lands, constrained lands, previously designated common open space, and excluding rights-of-way or easements. Development standard. A specific requirement of this chapter regulating land use, quantitative in nature. Directional lighting. Methods of directing light downward, rather than upward or outward, with the intention of directing light where it is needed. Duplex. A building containing two dwelling units, each of which has direct access to the outside and with each unit totally separated from the other by an unpierced common wall. Dwelling, apartment, or multiple family. A building designed and used for occupancy by three or more families, all living independently of each other, and having separate full kitchen facilities for each family. Dwelling, single-family. A detached building, not attached by any means to any other dwelling designed or used exclusively for the occupancy of one family and having full kitchen facilities for only one family and surrounded by open space or yards. Dwelling unit. One or more rooms designed for occupancy by one family and not having more than one full cooking facility except facilities designed for camping purposes such as tents and recreation vehicles. 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 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. Factory-built housing." See "industrialized building." Family. One person or two or more persons related by blood, marriage, legal adoption, or guardianship; or a group of persons all or part of whom are not related by blood, marriage, legal adoption, or guardianship living together as a single housekeeping unit in a dwelling unit. ---PAGE BREAK--- 187 Farm building, major. A building or structure, larger than 400 square feet in size, associated with and located on land devoted to the practice of farming and that is used essentially for the housing of farm equipment or livestock, or the production, storage or processing of agricultural and horticultural produce or feeds, and as part of or in connection with a bona fide farming operation and includes barns, silos and other buildings or structures ancillary to that farming operation. Farm market/on-farm market/roadside stand. The sale of agricultural products or value-added agricultural products, directly to the consumer from a site on a working farm or any agricultural, horticultural or agribusiness operation or agricultural land. Fence, sight obscuring. A fence consisting of wood, metal, masonry, or similar materials, or an evergreen hedge or other evergreen planting arranged in such a way as to obscure merchandise or land uses at least 80 percent. Fill. The placement with sand, sediment, or other material to create new uplands or raise the elevation of land. Floor area. The sum of the gross horizontal area of several floors of a building, measured from the exterior faces of the exterior walls, or from the centerline of walls separating two buildings, but not including: Attic space providing headroom of less than seven feet; Basement or cellar, unless finished and heated for occupancy; Uncovered steps or fire escapes. Private garages, carports, or porches. Accessory water towers or cooling towers; and Accessory off-street parking or loading spaces. Foot-candle (abbreviated A unit of illuminance defined as one lumen per square foot. One foot- candle is approximately equal to 10.76 lux. Frontage. Property abutting on a street. Fully shielded. A light fixture constructed and installed in such a manner that all light emitted, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the fixture, is projected below the horizontal plane through the fixture's lowest light-emitting part. Glare. Light or illuminance entering the eye directly from a light fixture or indirectly from reflective surfaces that causes visual discomfort, reduced visibility to a reasonable person, or is in violation of this ---PAGE BREAK--- 188 chapter. Goal. A general statement establishing a direction for policies, resolutions, or actions. Gross acre. Includes the entire area of a parcel of land, excluding natural open water bodies. Guest quarters. An accessory attached or detached dwelling unit designed and intended for the temporary housing of visitors to a property at the request of the primary property residents for no fee or other consideration. Guest quarters shall be subordinate to the principal residence. Hazards. Threats of life, property, or the environment such as land sliding, flooding, subsidence, erosion, or fire. Home occupation. 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. Home office. 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. Home workshop. An accessory attached or detached structure that typically contains a workbench, hand tools, power tools and other hardware. Manufacturing processes on an industrial scale in an industrial manner does not qualify as a home workshop activity. Horticulture. The cultivation of plants, garden crops, trees, or nursery stock. Hospitals. Institutions devoted primarily to the rendering of healing, curing, and/or nursing care, which maintain and operate facilities for the diagnosis, treatment, and care of two or more non-related individuals suffering from illness, injury, or deformity or where obstetrical or other healing, curing, and/or nursing care is rendered over a period exceeding 24 hours. Hotel (motel, motor hotel, tourist court). A building or group of buildings used as temporary abiding place of individuals containing guest rooms which are designed to be used, rented, or hired out for sleeping purposes. ---PAGE BREAK--- 189 Illuminance. The intensity of light falling upon or hitting a given surface and is measured in units of foot-candles or lux. Impervious surface. A surface which has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes semi-pervious surfaces such as compacted clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots, paved patios, swimming pools and other similar surfaces. Industrialized building. Any structure or component thereof or any modular home that is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation or assembly on a building site and that has been manufactured in such a manner that all parts or processes can be inspected at the installation site without disassembly, damage, or destruction and that does not have a permanent chassis. Institution, higher educational. A college or university accredited by the State of Georgia. Intensity. A measure of the magnitude and negative impact of a land use on the environment and neighboring land uses. Junk or wrecking yard. Any property where a person is engaged in breaking up, dismantling, sorting, storing, distributing, buying, or selling any scrap or waste material. Kennels. A lot or premises on which four or more adult dogs are kept, whether by owners of the dogs or by persons providing facilities and care for compensation. An adult dog is one that has reached the age of six months. Lamp. A source of optical radiation often called a "bulb" or "tube." Examples include incandescent, fluorescent, high-intensity discharge (HID) lamps, and low-pressure sodium (LPS) lamps, as well as light emitting diode (LED) modules and arrays. Land use. Any use of the land including, but not limited to, commercial, industrial, residential, agriculture, recreation, public utilities placement, forest management, or natural uses. Light pollution means the unintended, adverse and/or obstructive effects from the use of outdoor light. Light source. A light emitting portion of the luminaire and any diffusing elements and surfaces intended ---PAGE BREAK--- 190 to reflect or refract light emitted from the lamp individually or collectively. Examples include a lamp, bulb, lens, highly reflective surface, or frosted glass. Light trespass. Artificial light or illuminance that falls beyond the property that it is located on. Loading space. An off-street space or berth on the same lot, or parcel, with a building or use, or contiguous to a group of buildings or uses, for the temporary parking of a vehicle while loading or unloading persons, merchandise, or materials, and which space or berth abuts upon a street, alley, or other appropriate means of ingress and egress. Lot. For purposes of the resolution, a lot is a parcel of land of at least sufficient size to meet minimum districts requirements for use, coverage, and area and to supply such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street or easement, and may consist of: A single lot of record. A combination of complete lots of record, complete lots of record and portions of lots of records, or of portions of lots of record. A parcel of land described by metes and bounds; provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this resolution. Lot area. The total area of a lot measured in a horizontal plane within the lot boundary lines exclusive of public streets. Lot coverage. The portion of a lot or parcel of land, which is covered with buildings, parking and maneuvering area, patios, decks, covered or paved storage area, or another impervious surface. Lot depth. The greater horizontal distance between front and rear lot lines. Lot, flag. Property in which the lot/parcel has less than 50 feet of public road frontage or less than 50 feet of private road frontage on a private road built to the standard details of the Public Works department. See Dawson County Subdivision Regulations for example of a flag lot. Lot line, front. For an interior lot, a line separating the lot from the street; and for a corner lot, a line separating (but not both) frontage of the lot from the street. Lot line, rear. For an interior lot, a line separating one lot from another on the opposite side of the lot ---PAGE BREAK--- 191 from the front lot line; for corner lot either (but not both) interior lot line separating one lot from another; and for an irregular or triangular shaped lot, a straight line ten feet in length that is parallel to and at the maximum distance from the front lot line. Lot line, side. For an interior lot, a line separating one lot from the abutting lot or lots fronting on the same street; for corner lots, a line other than the front lot line separating the lot from the street or a line separating the lot from the abutting lot along the same frontage. Lot panhandle. See Dawson County Subdivision Regulations for example of a panhandle lot. Lot of record. Whenever a lot or plat has been legally and duly recorded with the County Clerk of Superior Court prior to February 23, 1998 and actually exists as so shown or described, it shall be deemed a lot of record. In addition, lots legally recorded that met zoning standards in place at the time of recordation, but do not meet standards currently in place are also considered lots of record. Although said lot may not contain sufficient land area or lot frontage to meet the minimum lot size requirements of the current zoning, such lot may be used as a building site provided that all other requirements of the district, such as setbacks, are met and that building plans are consistent with all state and local health codes. Lot width. The greatest horizontal distance between side lot lines. Lumen. The unit of measure used to quantify the amount of visible light produced by a lamp or emitted from a light fixture (as distinct from "watt," a measure of power consumption). Lux (abbreviated The unit of illuminance defined as one lumen per square meter. One lux is approximately equal to 0.093 foot-candle. Manufactured home. A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air- conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. Any structure built prior to the National Manufactured Housing Construction and Safety Standards (mobile home or trailer) shall not be permitted to be moved into Dawson County. Manufactured home lot. A parcel of land for the placement of one manufactured home and the exclusive ---PAGE BREAK--- 192 use of its occupants. Manufactured home park. A privately owned place where two or more manufactured homes used for human occupancy are parked on a lot, tract, or parcel of land under the same ownership. A manufactured home park may have either or both single-section and multi-section manufactured homes. Manufactured home site. See "manufactured home lot." Manufactured home stand. That part of an individual lot, which has been reserved for the placement of the manufactured home, appurtenant structures, or addition. Mobile home. See "manufactured home." Non-agriculturally related products. Those items not connected to farming or the farm operation, such as novelty t-shirts or other clothing, crafts, and knick-knacks. Non-agriculturally related uses. Activities that are part of an agricultural tourism operation's total offerings but not tied to farming or the farm's buildings, equipment, fields, etc. Such non-agriculturally related uses include, but are not limited to amusement rides, concerts, etc. and subject to special use permit. Nonconforming structure or use. A lawful existing structure or use, at the time this chapter or any amendment thereto become effective, which does not conform to the requirements of this chapter. Nursing home. A State-licensed facility which admits five or more patients on medical referral only and for whom arrangements have been made for continuous medical supervision; it maintains the services and facilities for skilled nursing care, rehabilitative nursing care, and has a satisfactory agreement with a physician and dentist who will be available for any medical and/or dental emergency and who will be responsible for the general medical and dental supervision of the home. Open area. The area devoted to lawns, setbacks, buffers, landscaped areas, natural areas, outdoor recreation areas, and similar types of uncovered open area and maintained in plant cover, and excluding storage areas for materials, boats, or vehicles. Open space, amenity space. The amenity space open space is intended to supply small covered or uncovered, unenclosed, outdoor areas on development sites. Amenity spaces are limited to at-grade hardscape or landscape areas improved for pedestrian enjoyment; patios and porches; or yards, lawns, and gardens. ---PAGE BREAK--- 193 Open space, common. The central space within a residential or mixed-use development reserved for exclusive use by the occupants and their guests. Examples include protected areas and buffers, lawn, gardens, or on-site forested areas. Common open space does not include golf courses, off-street parking, maneuvering, loading, landscape strips, or delivery areas. Open space, conservation. Undisturbed open space used for buffering, conservation, flood control, natural resource protection. Conservation open space are those lands that are constrained. Open space, pocket park. The pocket park open space is intended to provide an open space for unstructured recreation. A pocket park may be spatially defined by buildings or streets at its edges. Open storage yard. An area(s) dedicated as an exterior depository, stockpiling, or safekeeping of materials, products, vehicles, trailers, boats, and the like. Outside storage yards may be enclosed by a structure that includes a roof, but no side walls, in which case the structure shall be considered outside storage. Outside storage yards may involve fencing or screening without a roof in which case fencing or screening shall be deemed outside storage. Parking lots do not qualify as outside storage yards. Vending machines accessory to allowable uses do not constitute outside storage. The parking or storage of vehicles, equipment, or merchandise for a period of less than 96 hours does not constitute outside storage. Notwithstanding the foregoing sentence, the parking of vehicles requiring a commercial driver's license for a period of 72 hours or more shall constitute outside storage. For purposes of calculating the length of a period a vehicle is parked pursuant to this definition, holidays as defined by O.C.G.A. § 1-4- 1 shall not be included in the calculation. Outdoor light fixtures. Outdoor electrically powered illuminating devices, lamps and similar devices, including solar powered lights, and all parts used to distribute the light and/or protect the lamp, permanently installed or portable; synonymous with "luminaires." Owner. Any individual, firm, association, syndicate, co-partnership, corporation, trust, or any other legal entity having proprietary interest in the land, including the attorney and agent thereof. Parcel. A unit of land that is created by a partitioning of land. Parking area, private. Privately or publicly owned property, other than streets or alleys, on which parking spaces are defined, designated, or otherwise identified for use by the tenants, employees, or owners of the property for which the parking area is required by this chapter and not open for use by the public. ---PAGE BREAK--- 194 Parking area, public. Privately or publicly owned property, other than streets or alleys, on which parking spaces are defined, designated, or otherwise identified for use by the public, either free or for remuneration. Public parking areas may include parking lots, which may be required by this chapter for retail customers, patrons, and clients. Parking space. An area permanently available for the parking of a full-size automobile, having dimensions of not less than nine feet by 18 feet. Permanent chassis. The entire transportation system comprised of the following sub-systems: drawbar and coupling mechanism, frame, running gear assembly, and lights. Person. Any natural person, firm, partnership, association, social or fraternal organization, corporation, estate, trust, receiver, syndicate, branch of government, or any other group or combination acting as a unit. Personal care home. A state-licensed dwelling or facility which undertakes through its ownership or management to provide or arrange for the provision of housing, food service, and one or more personal services for two to 24 adults. Personal services. In a personal care home includes, but is not limited to, individual aid with or supervision of self-administered medication, aid with ambulation and transfer, and essential activities of daily living such as eating, bathing, grooming, dressing, and toileting. Places of worship. means any church, temple, synagogue, or other place of organized religious assembly which qualify for tax exemption under O.C.G.A. § 48-5-41(a)(2.1)(A). Planning Commission. The Dawson County Planning Commission. Plat. Includes a final map, diagram, drawing, re-plat or other writing containing all the descriptions, locations, specification, dedications, provisions, and information concerning a subdivision or an individual lot/parcel that has been surveyed and recorded as a recorded plat with the Dawson County Clerk of Court. Prefabricated building. A broad term applied to any building completed in a factory setting. Principal residence. Any residence by reason of its use, that is the primary purpose for which the lot is ---PAGE BREAK--- 195 used. Public road. Roads in the state, county, or city road system. Arterial. Arterials are usually state and federal highways such as SR 53 designed to move traffic over greater distances and provide access to counties and states. Collector roads. The main function of collector roads is to provide access to arterials. Local road and street. Local roads or streets are designed to provide access to abutting property such as a local street in a municipal area. Local roads and are not intended for through traffic. Quadplex. A building containing four dwelling units, each of which has two open space exposures, direct separate access to the outside, and with each unit sharing one or two common walls with adjoining units. Sawmill, portable. A sawing or cutting machine used to turn logs into lumber; whether trailered or truck- mounted; capable of easily being moved, set up and operated on a site; not attached or fixed in location. Sawmill, stationary. A fixed structure mounted on a foundation for the purpose of turning logs into lumber; includes the entire operational area: e.g., log sorting yard(s), milling machine(s), sorting and storage area(s); administration and maintenance area(s). School, commercial. A place where instruction is given to pupils in arts, crafts, trades, or other occupational skills and operated as a commercial enterprise as distinguished from schools endowed or supported by taxation. School, primary, elementary, junior high, or high. Includes public, private, or parochial but not nursery school, kindergarten, or day nursery except when operated in conjunction with a school. Screen. A fence, wall berm, hedge, tree row, or other dense structure intended to perform a buffering effect in a limited space and may be required in addition to a buffer. Seasonal. A recurrent period characterized by certain occurrences, festivities, or crops; harvest, when crops are ready; not all year round. Seasonal lighting. Temporary lighting displays installed and operated on a property, typically in connection with holidays or traditions. Lighting shall not be considered seasonal if the lighting display is installed or operated more than 30 days prior to a holiday or tradition, or more than 30 days after the holiday or tradition. ---PAGE BREAK--- 196 Setback. The minimum allowable horizontal distance measured from the furthest projection of the structure to the adjacent property line. As an example, the front setback shall be the distance from the furthest projection of the structure to one or more adjacent property lines with frontage on a public road or a private road built to the subdivision road standards of the Public Works department. Short-term home rental. A single- family residential dwelling offered for rent for a period of less than 30 days per renter. Typically, an owner's vacation home or second home offered for vacation rentals to guests for a fee. Shooting preserve and game farming. The intensive, small pasture production of wild animals for the purpose of hunting, on agricultural land, for a fee, over an extended period, in conformance with state and federal game laws. Site-built. Constructed on site ("stick-built") but includes pre-constructed wall units, including "industrialized building." Sign. An identification, description, illustration, or device which is affixed to or represented, directly or indirectly, upon a building, structure, or land and which directs attention to a product, place, activity, person, institution, or business. Each display surface of a sign shall be considered to be a sign. Sky glow. The brightening of the nighttime sky that results from scattering and reflection of artificial light by air molecules, moisture, and dust particles in the atmosphere. Sky glow is caused by light directed or reflected upwards or sideways. Story. That portion of a building included between a floor and the ceiling next above which is six feet or more above the grade. Street. An officially approved public thoroughfare or right-of-way dedicated, deeded, or condemned, which has been officially approved by the planning commission and accepted by the board of commissioners for use as such, other than an alley, which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare, except as excluded in this chapter. The word "street" shall include all arterial highways, freeways, traffic collector streets, local streets, and lanes. String lights. Outdoor light fixtures or light source connected by free-strung wires or inside of tubing resulting in several or many points of light that are visible from the exterior of the building. ---PAGE BREAK--- 197 Structure. Something constructed or built or having a fixed base on, or fixed connection to, the ground or another structure. Subdivider. Any individual, firm, association, syndicate, co-partnership, corporation, trust, or any other legal entity commencing proceedings under this chapter to affect a subdivision of land hereunder for himself or for another. Subdivision. All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose, whether immediate or future, or sale, or building development. See also The Dawson County Subdivision Regulations. Subdivision amenity area. The area situated within the boundaries of a residential development site intended for recreational purposes, and may include landscaped areas, patios, private lounges, pools, play areas and similar uses. Superstore. Establishments known as warehouse clubs, superstores, or supercenters, primarily engaged in retailing a general line of groceries, including a significant amount and variety of fresh fruits, vegetables, dairy products, meats, and other perishable groceries, in combination with a general line of new merchandise, such as apparel, furniture, and appliances. Townhouse. A one-family dwelling in fee simple ownership constructed in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant unpierced walls. Travel trailer. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, commonly referred to as an RV. Triplex. A building containing three dwelling units, each of which has direct access to the outside and with each unit totally separated from the other by an unpierced common wall. Use. The purpose for which land or a structure is designed, arranged, or intended, or for which it is occupied or maintained. U-pick. A fruit or vegetable-growing farm that provides the opportunity for customers to pick their own fruits or vegetables directly from the plant. Value-added agricultural product. The enhancement or improvement of the overall value of an ---PAGE BREAK--- 198 agricultural commodity or of an animal or plant product to a higher value. The enhancement or improvement includes, but is not limited to, marketing, agricultural processing, transforming, packaging, and educational presentation, activities and tours that relate to agriculture or agricultural products. Vehicle. A device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, such as such as cars, boats, horse trailers and general trailers, trucks, buses, campers, and recreational vehicles; except devices moved by human power or used exclusively upon stationary rails or tracks. Vehicle storage facility is a commercial building or parcel used for storing, stockpiling, or safekeeping of) or more vehicles that are not occupied for living purposes or used as dwellings. Water-related uses. Uses which are not directly dependent upon access to a water body, but which provide goods or services that are directly associated with water-dependent land or waterway use, and which, if not located adjacent to water, would result in a public loss of the quality of goods or services offered. Except as necessary for water-dependent or water-related uses or facilities, residences, parking lots, spoil and dump sites, roads and highway, restaurants, businesses, factories, and trailer parks are not generally considered dependent on or related to water location needs. Winery. The retail and/or manufacturing premises of a small winemaker or winemaker licensee as defined by the Dawson County Alcohol Ordinance. Yard. A required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward, provided, however, that fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility. Yard, front. A yard extending between lot lines which intersect a street line, the depth of which is the minimum horizontal distance between the street line and a line parallel thereto on the lot. SECTION 52. 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 or his or her designee. Undergrowth vegetation around the sign shall be properly maintained. ---PAGE BREAK--- 199 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. SECTION 53. 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 or his or her designee in accordance with enforcement provisions of this chapter. SECTION 54. Sec. 129-117. - Prohibited signs. The following signs are not permitted in any land use district: Signs imitating traffic or emergency signals. No signs shall be permitted which imitate an official traffic sign or signal, or contain words or symbols displayed in a manner that might mislead or confuse drivers of vehicles or which display intermittent lights resembling the color, sign, shapes, or order of light customarily used in traffic signs or in emergency vehicles or on law enforcement vehicles, except as part of a permitted or public traffic control sign. Signs employing confusing, distracting, or intense illumination when visible from the public right-of-way. No sign shall be permitted which utilizes spotlights, flood lights, flashing or blinking lights, or any type of pulsating or moving light which may impair the vision, cause glare, or otherwise interfere with a driver's operation of a motor vehicle or aircraft. Signs employing confusing or distracting motion either by changing physical position or light intensity. No sign shall be permitted which employs motion in such a manner as to obstruct or interfere with a driver's view of approaching, merging, or intersecting traffic, or a traffic signal, device of sign, or which would otherwise interfere with a driver's operation of a motor vehicle. Sign lighting. No sign shall be illuminated if such illumination is not effectively shielded to prevent beams or rays of light from being directed at any portion of the traveled way, which beams or rays of light are of such intensity or brilliance as to cause glare or impair the vision of the driver of any motor vehicle or which otherwise may interfere with the operation of a motor vehicle. Signs that project into or over or are constructed within the public right-of-way. ---PAGE BREAK--- 200 Signs that are tacked, painted, posted, marked, or otherwise affixed on trees, utility poles, or other similar structures or on rocks or other natural features. Signs that prevent free ingress or egress from any door, window, or fire escape. No sign of any kind shall be attached to any fire escape. Signs placed on or painted on a motor vehicle or trailer and parked within sight of a public right- of-way and in such a manner that the sign would not otherwise be allowed by this chapter. Signs that require the removal of any trees from the public right-of-way, excluding official signs and notices. (10) Any air or gas filled balloons or other similar devices and permanent signs made of paper, cloth or other nondurable materials, except as specifically permitted in this chapter. (11) Roof signs. (12) Portable signs. (13) Abandoned signs. (14) Signs on courtesy benches, waste containers, or other forms of street furniture. (15) Searchlights. SECTION 55. Sec. 129-171. - Performance standards for temporary signs. Temporary signs may be constructed of cloth, canvas, fabric, paper, plywood, or other light materials which are not intended or designed for permanent display. Temporary signs must comply with the following standards: For parcels or lots that front on a four or more-lane roadway, a single sign less than or equal to 32 square feet of sign copy area and greater than three square feet of sign copy area, may be displayed on said property or parcel. The following criteria shall apply: a. Each sign shall be a maximum of eight feet in height. b. Electric or illuminated signs are prohibited. c. Each sign shall not obstruct the visibility of a permanent sign. d. Each sign shall be located a minimum of 20 feet from the right-of-way and a minimum of ten feet from side property lines. e. Each sign shall be kept in a good and safe condition and not permitted to deteriorate as evidenced by, but not limited to, tearing, rot, corrosion, peeling paint, etc. For parcels or lots without frontage on a four or more lane roadway, for every 330 linear feet of road frontage a parcel has, a single sign less than or equal to 16 square feet of sign copy area and greater than three square feet of sign copy area, may be displayed on said property or parcel. The following criteria shall apply: a. Each sign shall be a maximum of six feet in height. b. Electric or illuminated signs are prohibited. c. Each sign shall not obstruct the visibility of a permanent sign. ---PAGE BREAK--- 201 d. Each sign shall be located a minimum of 20 feet from the edge of the pavement and a minimum of ten feet from side property lines. e. Each sign shall be kept in a good and safe condition and not permitted to deteriorate as evidenced by, but not limited to, tearing, rot, corrosion, peeling paint, etc. For any sign less than or equal to three square feet of sign copy area in size, the following criteria shall apply: a. Each sign shall be a maximum of six feet in height. b. Electric or illuminated signs are prohibited. c. Each sign cannot obstruct the visibility of a permanent sign. d. Each sign shall be located a minimum of 20 feet from the edge of the pavement and a minimum of ten feet from side property lines. e. Each sign shall be kept in a good and safe condition and not permitted to deteriorate as evidenced by, but not limited to, tearing, rot, corrosion, peeling paint, etc. Signs placed on a lot in contravention of this section shall be subject to all enforcement action allowed under article XIII of this chapter. However, if the only basis for enforcement action is the number of temporary signs on a lot, the marshal's office shall notify the pertinent lot/sign owner and provide the lot/sign owner with an opportunity to remove the number of temporary signs such as will result in compliance. SECTION 56. 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 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 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 residential development or ---PAGE BREAK--- 202 subdivision with 150 or more units. 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. SECTION 57. Sec. 129-224. - Wall signs and canopy signs. Wall signage for single-tenant buildings. a. A maximum of three wall signs will be permitted per building. b. For facades less than 100 feet in length, a maximum of one sign is permitted per facade. c. Signs shall not exceed one square foot per linear foot of building wall facade each and shall not exceed 180 square feet each. d. One additional wall sign may be permitted in lieu of the freestanding monument sign as found section 129-223(2). Wall signs for multi-tenant buildings. 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 b. Wall signs shall not exceed one square foot per linear foot of tenant wall facade each and shall not exceed 180 square feet each. c. Wall signs shall not exceed three feet maximum height of copy area. Canopy signs. a. One canopy sign per entrance not to exceed 12 square feet shall be permitted. No wall sign or canopy sign shall be located so that any part of the sign or supporting structure extends above the top of the wall or parapet. Signs installed below a canopy, awning, overhang, or porch shall be a minimum of nine feet above ground from the pedestrian way. SECTION 58. Sec. 129-246. - Purpose. 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. SECTION 59. Sec. 129-304. - Appeals process. ---PAGE BREAK--- 203 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) 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 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 (10) minutes to present data, evidence, and opinions, and an equal minimum time period of ten (10) minutes shall be permitted for presentation by opponents of each request. 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. SECTION 60. 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 or designee, the county Code Compliance Officer, 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. SECTION 61. 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. 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 ---PAGE BREAK--- 204 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 Development Department for review and approval. The subdivider shall file the plat with the Clerk of the Superior Court of Dawson County, Georgia. SECTION 62. Sec. 133-59. - Plat approval procedures. Plats shall be submitted to the Community Development Department. The Community Development 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 Director or his or her designee 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 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. i. 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. ---PAGE BREAK--- 205 ii. 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. 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. SECTION 63. 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 ---PAGE BREAK--- 206 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. SECTION 64. Sec. 133-86. - Submittal of concept plan. When review of a concept plan is required by these regulations, the subdivider shall submit the following to the Community Development department: Copies of the concept plan and other documents, as may be specified. 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 Community Development 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, stormwater 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. ---PAGE BREAK--- 207 j. Traffic Impact Analysis (TIA) if required per standards of county code chapter 121 (land use). k. Stormwater Management Concept Plan in accordance with Georgia Stormwater Manual. A concept plan review fee as approved by the Board of Commissioners. SECTION 65. 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. 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. The latest checklist, as amended from time to time, for review of the preliminary plat is available from the Community Development department or from the Dawson County website. The preliminary plat must also contain the following certifications: Certification of approval: A certificate of approval of the preliminary plan in the exact language as set forth below properly executed shall be inscribed on the plat: "Pursuant to the Subdivision Regulations of Dawson County, Georgia, all the requirements of Approval having been fulfilled, this Preliminary Plat was given Approval by the County Community Development Director and Public Works Director on This approval does not constitute approval of a Final Plat. This Certificate of Approval shall expire and be null and void on Director of Community Development Date Director of Public Works Date ---PAGE BREAK--- 208 An extension to the one-year period may be granted by the Community Development Director and the Public Works director. No extensions will be granted beyond three years of initial approval. Certification concerning privately maintained roads. A statement required by sections 133-152 if the roads within the subdivision that are not accepted by the county. SECTION 66. 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 Director and the Public Works Director, the sub-divider may, within one year from approval, submit to the Community Development Director and the Public Works Director: Electronic and hard format 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 subdivider. 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. 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. SECTION 67. Sec. 133-115. - Minor subdivision plat specifications. Purpose and intent. It is intended that the subdivision process comply with this section for subdivision of land up to five lots, with the exception of a rural subdivision in which each proposed lot shall be a minimum of ten (10) acres in size. A rural subdivision shall be eligible to be reviewed as a minor subdivision to subdivide property from one lot/parcel to a maximum of fifteen (15) lots/parcels. 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--- 209 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 Development in addition to the following requirements: 1. A minor subdivision consists of a maximum of one lot or parcel being subdivided into five or less lots or parcels with the exception of a rural subdivision in which each proposed lot shall be a minimum of twelve (12) acres in size. A rural subdivision shall be eligible to be reviewed as a minor subdivision to subdivide property from one lot/parcel to a maximum of fifteen (15) lots/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, with the exception that the maximum would be fourteen (14) new lots for a qualifying rural subdivision. 2. Minimum lot size shall be regulated according to the land use resolution. 3. There shall be a maximum of five lots allowed to use the same private drive. 4. 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. 5. Common driveways shall be centered in a 30-foot-wide access and utility easement. 6. 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, 133-114. 7. 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. 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 ---PAGE BREAK--- 210 safety hazard, in which case one common private driveway may be required to serve multiple 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, 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 responsibility of the property owners' association or property owners. Dawson County will not maintain the common private driveway." Minor to major subdivision. The Community Development Director and Public Works Director may require a major subdivision plat if a minor subdivision plat does not conform with the purposes and intent of the minor subdivision plat specifications. SECTION 68. 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. 133-148. - Large scale developments and developments of regional impact. Large scale developments which meet or exceed the thresholds of a development of regional impact, as defined by the department of community affairs pursuant to the Georgia Planning Act, will require a review by the Georgia Mountains Regional Commission. 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. ---PAGE BREAK--- 211 Publicly maintained drainage easements off the public right-of-way shall be clearly identified on the approved site plan, plat, and deed of the individual property owner. The limit of the county's responsibility is terminated at the furthest point of discharge. Private development drainage easements off the street right-of-way shall be clearly identified on the site plan, plat, and deed of the individual property owner and said property owner will be required to keep the easement free of obstructions and will maintain same in such a way as to assure free and maximum flow at all times. Drainage easements shall be provided where a subdivision is traversed by a water course, drainage way, natural stream, or channel, which easements shall conform substantially to the limits of a 100-year storm of the watercourse, or the limits of the state and/or county buffers, whichever is greater. Further width or construction, or both, as will be adequate for the purpose and shall conform to the approved grading and site plan for the development. All easements shall remain clear of debris, excess dirt, and other materials that impair flow. Any necessary form of removal will be performed at the owner's expense. Ponds and water quality devices and stormwater management BMPs will require a minimum ten feet access easement around the perimeter so as to provide access for inspection and maintenance equipment. The entire BMP will be included within the easement. This access easement shall extend from the public right-of-way. The required access easement size and location may be adjusted by the public works director based on BMP type, location, and required maintenance. All easements must be clearly noted and depicted on plans and plats. Drainageways and easements on residential lots shall be centered on the property lines when possible. Permanent structures are not permitted within drainage easements. Removal of permanent structures inside the designated easement will be at owner's expense. Sec. 133-150. - Reservation of public sites and public open space. Where a concept plan includes features such as school site, parks, playgrounds, and other public spaces located in whole or in part in a proposed subdivision, such features shall be reserved by the sub-divider and offered for acceptance by Dawson County. Whenever the public body responsible for land acquisition executes a written release, stating that the reserved land will not be accepted, the board of commissioners shall waive the reservation requirements. Whenever the board of commissioners finds that proposed reservation of land or dedication of land for public use is not required or suitable for such public use, lots may be reconfigured to include subdivision of unrequired land or reservation of land for a more suitable public use. ---PAGE BREAK--- 212 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 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 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. SECTION 69. Sec. 133-180. - Alleys. 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. SECTION 70. Sec. 133-187. - Privately maintained roads and streets. 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 ---PAGE BREAK--- 213 owners of the site that guarantees responsibility for the operation and maintenance of the private roads in perpetuity. SECTION 71. Sec. 133-193. - Sidewalk design and construction standards. Sidewalks shall be constructed in accordance with the requirements of this section. The Community Development Director and the Public Works Director are authorized to grant modifications upon specific application due to topographic or drainage difficulty. Width. All sidewalks shall be at least five feet wide. Setback. Sidewalks shall be located at least two feet from the back of curb except in conservation subdivisions or subdivisions in which street trees are provided (bridges exempted). Sidewalks in conservation subdivisions or in subdivisions in which street trees are provided shall be located at least six feet from the back of curb (bridges excepted). The area between the curb and the sidewalk shall consist of grass or landscaping. Where no curb exists, or if road improvements are proposed for installation by the county, sidewalks (including appropriate drainage facilities) shall be constructed in a location acceptable to the department of public works. Cross slope. Sidewalks shall be constructed with a two percent cross slope. Sidewalks shall maintain this cross slope at driveway crossings, unless the transition from sidewalk to driveway uses ramps and detectable warnings. Material. Sidewalks shall be constructed of concrete at least four inches thick. Concrete shall be Class as defined by The Georgia Department Of Transportation (GDOT) with a minimum strength of 2,800 PSI at 28 days. Final stabilization. Disturbed areas resulting from sidewalk construction shall be backfilled, stabilized, and grassed or landscaped. The strip of land between the sidewalk and curb plus the two feet on the opposite side of the sidewalk must be sodded. 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. SECTION 72. Sec. 133-232. - Double frontage lots. 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. ---PAGE BREAK--- 214 SECTION 73. Sec. 133-260. - Grading. All street, road, and alleys shall be graded by the sub-divider so that pavement and sidewalks can be constructed to the required cross section. Subgrade preparation shall be in accordance with GDOT specifications and these regulations. Preparation. Before grading is started, the right-of-way shall be first cleared of all stumps, roots, brush, and other objectionable materials, and all trees not intended for preservation. Cuts. All tree stumps, boulders, and other obstructions shall be removed to a depth of two feet below the subgrade. Rock, when encountered shall be scarified to a depth of 12 inches below the subgrade. Maximum slope of cuts is 2H:1V unless otherwise certified by a geotechnical engineer and approved by the Public Works Director. Fill. All suitable material from roadway cuts may be used in the construction of fills, approaches, or at other places as needed. Excess materials, including organic materials, soft clays, etc., shall be removed from the right-of-way. The fill shall be spread in layers not to exceed eight inches of loose material and compacted by a sheepsfoot roller. The filling of utility trenches and other places not accessible to the roller shall be mechanically tamped. All compacted material must meet or exceed 95 percent of maximum dry density except for the top twelve inches which shall be compacted to 100 percent of maximum dry density as determined by AASHTO Method T-99. Maximum slope of fills is 2H:1V unless otherwise certified by a geotechnical engineer and approved by the Public Works Director. Subgrade. a. 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. b. 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. c. 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. d. 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 ---PAGE BREAK--- 215 stabilization, are determined by the Public Works Director to sufficiently protect the public health, safety and welfare. Grading outside of rights-of-way. The subgrade for areas outside of rights-of-way, which will include structures, parking lots, driveways and utilities, shall be compacted to 95 percent of maximum dry density as determined by AASHTO Method T-99 and shall be free from unsuitable materials such as organic materials and soft clays. All other areas outside of rights- of-way shall be compacted to at least 85 percent of maximum dry density as determined by AASHTO Method T-99. Maximum disturbed area. No more than 50 acres of disturbed area under development excluding road and rights-of-way shall exist on the site at one time. If proposed development disturbance exceeds 50 acres at any one time excluding roads and road rights-of-way, then the applicant shall obtain a variance, as prescribed in the Dawson County Land Use Resolution, before proceeding with the proposed development. SECTION 74. Sec. 133-271. - Street and alley improvements. Specifications. Unless otherwise specifically set forth herein, all of the materials, methods of construction, and workmanship for the work covered in reference to street construction shall conform to the latest specifications of the Georgia Department of Transportation (GDOT). See Road and Street Design Criteria—Chart 1 for reference. All curbing shall be Class (as defined by GDOT) and have a minimum 28-day compressive strength of 3,000 PSI. 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. Project access improvement standards. For sections four feet or greater in width, the section shall comply with the construction standards for new streets, in accordance with the street's category as shown on the comprehensive plan. The base course must pass roll testing prior to ---PAGE BREAK--- 216 paving. For sections less than four feet wide, seven inches of Class concrete base (five inches on local and minor collector streets) and 1.5 inches of or topping shall be required. 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. Local residential streets (not curbed). The road base shall be extended one foot beyond the edge of pavement and the shoulders shall extend eight feet from the edge of pavement to a standard ditch section on each side (see Standard Drawings). Otherwise, the roadway shall comply with the standards for new residential subdivision streets, above. New nonresidential local streets and minor collectors. 1. 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. 2. 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 major thoroughfares. Major collectors, minor arterials and major arterials shall be constructed with designs prepared by Dawson County or GDOT depending on the jurisdiction. If no design is provided for a Dawson County road, the criteria in Road and Street Design Criteria—Chart 1 shall apply. ---PAGE BREAK--- 217 Curb and gutter requirements. 1. Curb and gutter required. All streets within subdivisions shall provide curbs and gutters constructed with either precast concrete curb, or integral concrete curb and gutter conforming to Road and Street Design Criteria—Chart 1. 2. Curb and gutter shall be set true to line and grade, horizontal shall be field staked, and finished to the section shown on the plans. Along the project access improvements of a road which the department of transportation has identified for resurfacing within one year of the new construction, the grade of the new gutter shall be placed one inch above the project access improvement pavement grade in areas where drainage will not be adversely affected. 3. Line and grade shall be set by developer's engineer or surveyor on grade less than two percent and over 12 percent, and within 100 feet in both directions from all low points. 4. One-half inch expansion joints or pre-molded bituminous expansion joint material shall be provided at all structures and radius points and at intervals not to exceed 250 feet in the remainder of the curb and gutter. 5. Inferior workmanship or unprofessional construction methods resulting in unacceptable curb and gutter will be cause for rejection of the finished work. 6. Disturbed areas along all curbing shall be backfilled, stabilized, and grassed. Exemption from curb and gutter requirement. All residential subdivisions and developments where lot sizes are 1.5 acres or greater shall be exempt from the provision of curb and gutter. All other street requirements must be met. General requirements for road construction. Defects shall be remedied as soon as they are discovered. New material shall be added if necessary, and defective portions shall be entirely removed. 1. The base course shall be maintained under traffic and kept free from ruts, ridge and dusting, true to grade and cross-section until it is primed. 2. No based material shall be deposited or shaped when the subgrade is frozen or thawing or during unfavorable weather conditions. 3. Sealing of joints. Care and precaution shall be taken that all joints between the surface and mixture and such structures as manholes and curbs are well sealed. Sec. 133-272. - General requirements for county acceptance into maintenance program. For a street to be eligible for county maintenance, all of the following guidelines must be applicable: ---PAGE BREAK--- 218 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 and associated storm system within the right of way must meet Dawson County design standards. SECTION 75. 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. SECTION 76. Sec. 133-331. - Variance procedures. The following procedures apply: Application for variance shall be filed with the Community Development Director or his or her designee 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 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 denied. 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 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. ---PAGE BREAK--- 219 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. SECTION 77. Sec. 133-337. - Family density exception. Upon application, the Community Development Director or his or her designee may grant a family density exception 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 may be granted such that a five-acre parcel, zoned RA residential agriculture, 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: i. Conveyance of property by warranty or quit claim deed with consideration recited in the deed as "love and affection," and ii. The grantee is 18 years of age or older; and iii. The grantor and grantee are related as follows: 1. Parent and child; or 2. Brother and brother, sister and sister and/or brother and sister; or 3. Grandparent and grandchild; or 4. Aunt/uncle and niece/nephew; and 5. The conveyance meets all other applicable criteria for an exception under this resolution; and 6. 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, 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. A family density exception 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 or his or her designee shall approve a family density exception if the proposed bona fide intra-family transfer meets the requirements of this subsection and otherwise complies with all applicable laws and ordinances. ---PAGE BREAK--- 220 Upon approval of a family density exception, no subsequent approval for a family density exception 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 shall conform to the following standards: i. 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. ii. Each lot shall be a minimum of one and one-half acre. iii. The creation of a lot wholly within the regulatory 100-year floodplain is prohibited. iv. 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. v. Buffer zones of at least 50 feet in width along all perennial and intermittent streams shall be required. vi. Each lot shall front on a paved private road, a publicly maintained road, or an easement. If an easement is utilized: 1. The easement shall connect to a publicly maintained road and have a minimum width of 30 feet; and 2. Road name signs for the easement shall be installed in accordance with applicable county regulations; and 3. The easement shall comply with the Federal Emergency Management Agency (FEMA) regulations and county floodplain management regulations 4. The following notation shall be included on the plat: Dawson County is not obligated to maintain the easement. vii. No county permits shall be issued except to the grantee, or his or her licensed contractor, 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. viii. All other requirements of the Code of Dawson County and the Dawson County Comprehensive Plan shall apply. SECTION 78. Sec. 133-408. - Appeals. 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 ---PAGE BREAK--- 221 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 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. SECTION 79. 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) Interme diate 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 Commercia l Street 60 24 11 19 30 8 3" Type B Mod. 1.5" Type E or F 8"×24"×14 " 60 50 ---PAGE BREAK--- 222 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 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)