Document Pickenscountyga_doc_9abbd40afa

STATE OF GEORGIA ORDINANCE NO. COUNTY OF PICKENS AN ORDINANCE TO AMEND CHAPTER 67, ENTITLED “LAND USE INTENSITY DISTRICTS AND MAP”, OF THE CODE OF ORDINANCES, PICKENS COUNTY, GEORGIA, TO ENHANCE LAND USE REGULATION IN UNINCORPORATED PICKENS COUNTY IN ORDER TO PROTECT AND PRESERVE THE PUBLIC’S SAFETY, HEALTH, WELFARE, AND QUALITY OF LIFE THEREIN BE IT ORDAINED by the Board of Commissioners of Pickens County, Georgia as follows: WHEREAS, the Constitution of the State of Georgia, approved by the voters of the State of Georgia in November of 1982, and effective July 1, 1983, provides in Article IX, Section IV, Paragraph II thereof that the governing authority of a county may adopt clearly reasonable ordinances, resolutions, and regulations; and WHEREAS, O.C.G.A. § 36-1-20 authorizes counties to enact ordinances for protecting, preserving, and enhancing the public health, safety, and welfare of the population of a county’s unincorporated areas; and WHEREAS, being applicable to a county’s regulation of land use, O.C.G.A. § 36-66-2, more specifically authorizes the county to provide by ordinance for procedures and requirements in addition to or supplemental to the minimum requirements pursuant thereto regarding the county’s exercise of its zoning powers; and WHEREAS, the Code of Ordinances, Pickens County, Georgia (“Code”), through its original adoption and through subsequent amendments thereto, is comprised of the ordinances that empower and enable the governing and policing of the unincorporated portions of Pickens County (“Unincorporated Pickens County”) by the Board of Commissioners of Pickens County (“Board;”) and WHEREAS, the paramount duty of the Board is to protect and preserve the public’s safety, health, welfare, and quality of life in Pickens County, and WHEREAS, Chapter 67 of the Code, entitled “Land Use Intensity Districts and Map” (“Chapter 67”) serves as the Board’s means to regulate land use within Unincorporated Pickens Page 1 of 246 ---PAGE BREAK--- County for the purpose of protecting and preserving the public’s safety, health, welfare, and quality of life therein; and WHEREAS, the Board has determined that the regulation of the land use pursuant to the regulation standards set forth in Chapter 67 is essential to protecting and preserving public safety, health, welfare, and quality of life within Unincorporated Pickens County; and WHEREAS, on the basis of clear and compelling input provided by the residents of Pickens County, the Board accordingly adopted various amendments to Chapter 67 on May 21, 2025, to more effectively regulate land use within Unincorporated Pickens County; and WHEREAS, the May-21st amendments to Chapter 67 aspire, intend, and seek to accomplish the wide-ranging critical community-essential goal of more effectively protecting and preserving the public’s safety, health, welfare, and quality of life within Unincorporated Pickens County by enabling and facilitating the best possible land use regulation therein; and WHEREAS, the May-21st amendments, amongst various objectives, more specifically aspire, intend, and seek to accomplish the critical community-essential goals of deterring the creation of “overly built-up areas”, high building density, and high population density within Unincorporated Pickens County, and of encouraging desirable growth therein; and WHEREAS, the May-21st amendments, amongst various objectives, also aspire, intend, and seek to accomplish the critical community-essential goal of enabling and facilitating the best possible enforcement against and disposition of land use violations that are committed within Unincorporated Pickens County in conjunction with Chapter 1, entitled “General Provisions, Administration and Enforcement”, of the Code, which was significantly amended by the Board on May 5, 2025; and WHEREAS, in addition to the May-21st amendments, the Board desires to now more substantially amend Chapter 67, in order to adopt and employ additional feasible means to best regulate land use within Unincorporated Pickens County for the purpose of protecting and preserving the public’s safety, health, welfare, and quality of life in Pickens County to the most effective extent possible; and WHEREAS, an appropriately noticed public hearing concerning these amendments to Chapter 67 was conducted on August 18, 2025. Page 2 of 246 ---PAGE BREAK--- NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners, and it is hereby ordained by the authority of the same, as follows: SECTION 1. Chapter 67, entitled “Land Use Intensity Districts and Map”, inclusive of its Appendix A, entitled “Land Use Procedures and Standards Ordinance”, of the Code of Ordinances, Pickens County, Georgia, is hereby amended by the amendments set forth in Exhibit hereto. SECTION 2. If any provision or clause of this Ordinance is held to be invalid, or if a provision or clause of this Ordinance as applied to any particular situation or set of circumstances is held to be invalid, this invalidity shall not affect other provisions, clauses, or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 3. All ordinances, parts of ordinances, resolutions, or regulations in conflict with this Ordinance this day passed are hereby repealed. SECTION 4. This Ordinance shall become effective immediately upon its adoption. PASSED, ADOPTED, SIGNED, APPROVED, AND EFFECTIVE this 18th day of August 2025. SIGNATURE PAGE TO FOLLOW Page 3 of 246 ---PAGE BREAK--- ---PAGE BREAK--- EXHIBIT Amendments to Chapter 67, (LAND USE INTENSITY DISTRICTS AND MAP), of the Code of Ordinances, Pickens County, Georgia. That the Code of Ordinances, Pickens County, Georgia is hereby amended by amending Chapter 67, (“LAND USE INTENSITY DISTRICTS AND MAP”), to be replaced in its entirety as follows: Chapter 67 - LAND USE INTENSITY DISTRICTS AND MAP Sec. 67-1. – Intent and general administration and enforcement. The Board of Commissioners of Pickens County, Georgia (Board of Commissioners”) hereby declares that effective land use regulation in the unincorporated areas of Pickens County constitutes an essential element of the effective governing and policing thereof. The term “Code” as used hereinafter in this Chapter shall mean the Code of Ordinances, Pickens County, Georgia. Through this Chapter 67 of the Code (“Chapter 67”), as adopted and amended pursuant to O.C.G.A. § 36-1-20 for the purpose of governing and policing of the unincorporated areas of Pickens County, the Board of Commissioners intends to ensure the most effective regulation possible of land use to achieve the objectives stated in subparagraph Such regulation shall be conducted pursuant to the standards provided by and within the limitations imposed by O.C.G.A. § 36-1-20 and by O.C.G.A. § 36-66­ 2. Such regulation shall also be conducted pursuant to the standards provided by and within the limitations imposed by any other applicable Georgia law or federal law. Subject to standards and limitations referenced in Subsections and the administration of this Chapter and the enforcement of its provisions regarding violations of this Chapter shall be conducted in strict and complete accordance with Chapter 1 of the Code. This Chapter shall be administered and enforced within the span-of-control of the Board of Commissioners. Page 5 of 246 ---PAGE BREAK--- (Ord. of 5-22-2025, § 1 (Exh. Sec. 67-2. - Responsibilities for administration and enforcement. The Board of Commissioners. The Board of Commissioners shall have the power to act as is granted by Georgia law and by this Chapter and shall do so in the administration of this Chapter and in the enforcement of its provisions. The Planning Commission. The Planning Commission shall have the power to act as is provided in this Chapter and shall do so in the administration thereof. The Board of Appeals shall have the power to act as is provided in this Chapter and shall do so in the administration thereof. The Pickens County Government. The Board of Commissioners hereby charges the Pickens County Government, as being under its control and as being under the day-to-day direction of its Chairperson, with the administration of this Chapter and the enforcement of its provisions and thereby, with the activities concerning land use regulation in the unincorporated portions of Pickens County. Day-to-day administration and enforcement. 1. The day-to-day administration of this Chapter and the enforcement of its provisions shall be the authorized and designated responsibility of the Planning & Development Department, as led by the Director of Planning & Development, with that position reporting to the Chairperson or to the Chairperson’s designee. 2. The Planning & Development Department, the Director of the Planning & Development Department and the employees therein authorized by the Chairperson (“authorized county employees”) shall administer and enforce this Chapter on a day-to-day operational basis. 3. The Planning & Development Department, the Director of Planning & Development and authorized county employees shall work with the Pickens County Marshal’s Office, as provided for in Chapter 2, Article V of the Code, which functions under the direction of the Chief County Marshal, in the enforcement of the provisions of this Chapter. Page 6 of 246 ---PAGE BREAK--- 4. When circumstances warrant, the Planning & Development Department and the authorized county employees therein shall also seek the advice, guidance, assistance, and/or involvement from colleague departments of the Pickens County Government, including, but not limited to, the Public Works Department, the Fire Marshal’s Office, the Fire & Rescue Service and the Water Department. The provisions of this Section shall nullify any other provision of this Chapter that authorizes any party, position or department to have roles in administering and enforcing this Chapter other than the Board of Commissioners, the Planning Commission, the Board of Appeals, the Chairperson, the Chairperson’s designees, the Planning & Development Department, the Director of the Planning Development Department and authorized county employees as is specified in Subsections – herein. (Ord. of 5-22-2025, § 1 (Exh. Sec. 67-3. - Violations and penalties; other available actions; disputes regarding matters not constituting violations; severability; conflict; prohibition. Violations and penalties; 1. Violation. The term “violation” means: a. The performing of an act that is prohibited by any provision of this Chapter; or b. The failing to perform an act that is required to be performed by any provision of this Chapter. 2. Person. The term “person” means any individual, corporation, business trust, estate, trust, partnership, association, joint venture, utility, cooperative, or other legal or commercial entity. 3. Person committing a violation. The term, “person committing a violation”, means a person committing a violation of this Chapter. 4. Penalties and punishment for a violation. A violation of any of the provisions of this Chapter shall be punishable pursuant to Chapter 1 of the Code and pursuant to this Section by a fine not exceeding $1,000.00 or sixty Page 7 of 246 ---PAGE BREAK--- (60) days imprisonment, or both, except as otherwise prohibited by or as otherwise provided for by Georgia law. This provision shall not preclude the imposition of higher penalties that are authorized to be imposed by Georgia law. 5. Continuing violations over an extended period of time. a. Each day that any violation of any provision of this Chapter continues in sequence or occurs on separate nonsequential days shall constitute a separate violation and each and every separate violation may accordingly be subjected to separate respective fines and/or imprisonment. b. Unless barred by limitations imposed by Georgia law, there shall be no limit to the quantity of separate daily violations that can accumulate and be made by citation or by accusation in a given situation. c. The date of the first violation or of any subsequent violation subject to enforcement that occurs in any sequence of additional separate daily violations shall be deemed to be the earliest identifiable day on which the activity giving rise to the violation, and shall be established on the basis of one or more applicable and sufficiently viable: i. Documents ii. Written or transcribed complaints iii. Written or transcribed witness statements iv. Recorded images v. Voice recordings 6. Violations by officers, agents and other associated individuals. a. Any violation of this Chapter by any officer, agent or other associated individual acting for or employed by any corporation or unincorporated association or organization, while acting within the scope of his or her office or employment, shall in every case also be deemed to be a violation by such corporation, association, or organization. b. Any officer, agent or other associated individual acting for or employed by any corporation or unincorporated association, or organization shall be subject and liable to punishment as well as the corporation or unincorporated association, or organization for the violation by it of any Page 8 of 246 ---PAGE BREAK--- provision of this Chapter, where such violation was the act, omission or order, or the result of the act, omission or order, of any such officer, agent, or other associated individual. 7. Separate offenses for multiple persons involved in a violation. Each person who commits, participates in, or assists in the commission of any violation of any provision of this Chapter may be found guilty of a separate offense related to that violation and may suffer the penalties provided herein for committing that violation, however, not more than one person may be subjected to penalties and punishment for any single violation. 8. Prosecution of violations. a. The prosecution for violations of this Chapter shall be upon citation by an authorized county employee or upon accusation by the county attorney or upon accusation by such other attorney as the Board of Commissioners may designate. b. The county attorney or a designated attorney shall be the prosecuting attorney in cases tried upon accusation. c. The Chairperson, within his or her discretion, in any particular situation, may provide that ordinance violations may be tried upon citation without a prosecuting attorney. 9. Jurisdiction and venue. Unless otherwise provided by Georgia law, the county magistrate court shall, in addition to any other court as may be by law provided, have jurisdiction and venue to hear any case of a violation of this Chapter. 10. No bar to revocation or suspension. a. Any imposition of a fine and/or imprisonment pursuant to any provision of this Chapter shall not prevent the revocation or the suspension of any license, permit, certificate or franchise issued by an authorized county employee. Page 9 of 246 ---PAGE BREAK--- b. Any imposition of a fine and/or imprisonment pursuant to any other provision of this Chapter likewise shall not affect the issuance or continuation of any administrative order issued by any authorized county employee, including but not limited to, any stop-work order. 11. Future amendments. The penalty provided by this Section shall apply to the future amendment of any section of this Chapter, whether or not such penalty is reenacted in the amendatory ordinance. 12. Conflict with other provisions of this chapter. If any part of this Section conflicts with another provision of this Chapter concerning any aspect of the punishment of violations of this Chapter, this Section shall be applicable and the other provisions shall not be applicable. 13. Conflict with federal or Georgia law. If it is deemed by an applicable court of competent jurisdiction that a punishment imposed under this Chapter conflicts with federal or Georgia law, the prevailing punishment shall be limited to the maximum permitted by law. Other available actions. Upon any violation of this Chapter, in addition to other remedies, including the penalties imposed by Subsection the Chairperson may direct that any legally available injunction, mandamus, or other appropriate action or proceeding be sought in a court of competent jurisdiction to prevent or stop any unlawful act, or to correct or abate such violation. Disputes regarding matters not constituting violations. Any party that wishes to dispute a decision made pursuant to the administration of this Chapter and the enforcement of its provisions that do not constitute a violation thereof as referenced in Subsection (a)1 shall have the right to appeal to an applicable court of competent jurisdiction pursuant to any provision of this Chapter so permitting or pursuant to any Georgia law so permitting. Severability. The sections, paragraphs, sentences, clauses, and phrases of this Chapter are severable, and if any section, paragraph, sentence, clause, or phrase of this Chapter shall be declared unconstitutional, invalid or otherwise unenforceable by a valid judgment or decree of any court of competent jurisdiction, then such declaration of unconstitutionality, invalidity or unenforceability shall not affect any remaining sections, paragraphs, sentences, Page 10 of 246 ---PAGE BREAK--- clauses, and phrases of this Chapter because the remaining sections, paragraphs, sentences, clauses and phrases would have been enacted by the Board of Commissioners without the incorporation of the unconstitutional, invalid or unenforceable section, paragraph, sentence, clause, or phrase. Conflict. 1. If any part of this Chapter is found to be in conflict with federal law or Georgia law, the most restrictive or highest standard shall prevail. 2. If any part of this Chapter is found to be in conflict with any other provision of the Code, the most restrictive or highest standard shall prevail. Prohibition. Any part of this Chapter that is deemed to be explicitly prohibited by federal law or Georgia law shall not be enforced. (Ord. of 5-22-2025, § 1(Exh. Sec. 67-4. - Definitions Except as specifically defined herein, all words used in this Chapter have their customary dictionary definitions. Unless otherwise expressly stated, the following words shall have the meaning herein indicated. Abandoned property: Wrecked or derelict property having no value other than nominal salvage value, if any, which has been left abandoned and unprotected from the elements and shall include wrecked, inoperative, or partially dismantled motor vehicles, trailers, boats, machinery, refrigerators, washing machines, plumbing fixtures, furniture, and any other similar article which has no value other than nominal salvage value, if any, and which has been left abandoned and unprotected from the elements. Abutting: Having property lines in common, or having property separated by only an alley. Separation by a street right-of-way is not considered abutting. Accessory building or structure: A building subordinate to the principal building or use on a lot and used for purposes incidental to the principal building or use and located on the same lot therewith. Page 11 of 246 ---PAGE BREAK--- Accessory use: A use of the land or building or portion thereof customarily incidental and subordinate to the principal use and located on the same lot with such principal use. Agriculture: The commercial cultivation or growth from or on the land of horticultural, floricultural, forestry, dairy, livestock, poultry, and apiarian products. Animal hospital: A building used for the medical treatment, housing or boarding of small domestic animals such as dogs, cats, rabbits, and birds or fowl by a veterinarian. Animal shelter: See Kennel. Apartment building: A building designed for or occupied exclusively by three or more households with separate housekeeping facilities for each household. Assisted living facility: Residences for the frail elderly that provide rooms, meals, personal care, and supervision of self-administered medication. They may provide other services incidental to the above. For purposes of this Chapter, assisted living facilities are considered institutionalized residential living and care facilities. Automobile sales and service establishment: New and used car, truck, tractor, trailer, boat, recreational vehicle, camper, and other motorized vehicle sales, leasing, rental, and service, including mobile and manufactured home and modular building sales, and agricultural implement and equipment. This definition includes automotive services such as rental car facilities, body, paint, automotive glass, transmission, and tire repair shops, car washes, including automated and staffed facilities, and oil change and lubrication facilities. Bed and breakfast home: A single-family dwelling occupied by the owner as his/her principal residence that offers transient lodging accommodations and breakfast for compensation provided that; the rental occupants shall not reside at the bed and breakfast for more than seven consecutive days; breakfast is the only meal served and only to the registered overnight guests; no person not a resident on the premises is employed; the exterior appearance of the dwelling is Page 12 of 246 ---PAGE BREAK--- not altered from its residential character except for safety purposes; and, the identification sign shall be no larger than two square feet and not internally lighted. Bed and breakfast inn: A building, not necessarily owner-occupied, that offers transient lodging accommodations and breakfast for four or more guest rooms for compensation provided that there is compliance with the same licensing, inspection and taxation requirements as hotels, motels, and restaurants; if within a residential district, the building shall be residential in character; breakfast is the only meal served and only to overnight guests; the owners may have employees; the owner shall provide one off-street parking space for each rental room and one space for each employee; and, in a residential district, signage shall be limited to one sign and maximum size of two square feet. Berm: An earthen mound or embankment, usually two to six feet in height, designed to provide visual interest, screen views, reduce noise, or fulfill other such purposes. Boarding house: A building, where for compensation, both lodging and meals are provided for not more than ten persons, provided that a single-family dwelling shall not be deemed to be a boarding house by reason of a contribution to or expense sharing arrangement with the owner or tenant occupying the dwelling by a person related by blood or marriage. Buffer: A natural or enhanced vegetated area usually intended to screen and separate incompatible uses. Buildable area: The portion of a lot which is not located within any minimum required yard, landscape strip/area or buffer, that portion of a lot wherein a building or structure may be located. Building: Any structure having a roof supported by columns or by walls and which is designed for the shelter, support or enclosure of persons, animals, or property of any kind. Building, height of: The vertical distance measured from the grade to the highest point of the coping of a flat roof; to the deck lines of a mansard roof; or to the mean height level between the eaves and ridge of a gable, hip or gambrel roof. Page 13 of 246 ---PAGE BREAK--- Grade is defined as the average elevation of the ground on all sides of a building. Building, principal: A building in which is conducted the principal use of the lot on which said building is situated. Building setback line: The line that is the required minimum distance from the street right-of-way or any other lot line that establishes the area within which walls of a structure must be erected or placed. Covered porches, whether enclosed or not, shall be considered as a part of the building and shall not project into any required yards. The minimum measurement is to the wall, not the eave/overhang, and a cantilever building design measures to any wall projecting nearest to the property lines. For purposes of this Chapter, a building setback line and minimum required yard shall be considered the same. On a corner lot, there is a minimum front yard setback requirement on both streets and both interior property lines shall require a minimum side yard setback. Business service establishment: A facility engaged in support functions to establishments operating for a profit on a fee or contract basis, including but not limited to: advertising agencies, photocopying, blueprinting and duplication services, mailing agencies, commercial art and graphic design; personnel supply services and employment agencies, computer and data processing services, detective, protective, and security system services, accounting, auditing, and bookkeeping services, publications and business consulting firms, food catering, interior decorating, and locksmiths. Campground: A parcel of land used or intended to be used, let, or rented for occupancy by campers or for occupancy by camping trailers, tents, or movable or temporary dwellings, rooms or sleeping quarters of any kind. Cemetery: A place for the burial of the dead, including a mausoleum and columbarium. Church: A building or structure, or groups of buildings or structures that by design and construction is primarily intended for conducting organized religious services. Associated accessory uses include, but are not limited to schools/kindergartens, meeting halls, indoor/outdoor recreational facilities, day Page 14 of 246 ---PAGE BREAK--- care, cemeteries (see size requirements in the permitted use table), and counseling. Clinic: An institution or professional office, other than a hospital or nursing home, where persons are counseled, examined, and/or treated by one or more persons providing any form of healing or medical health service. Persons providing these services may offer any combination of counseling, diagnostic, therapeutic or preventative treatment, instruction, or services, and which may include medical, physical, or mental services and facilities for primarily ambulatory persons. A clinic allows lodging and care in cases of medical necessity. Club, nonprofit: A building or premises used for associations or organizations of an educational, fraternal, or social character, not operated or maintained for profit. Representative organizations include Elks, Veterans of Foreign Wars, and Lions. The term shall not include casinos, bottle clubs, or other establishments operated or maintained for profit. Cluster homes: Homes that may consist of townhouses attached or detached single-family units, with or without garages at a maximum density of 6.0 units per acre that are located within areas served by water. Columbarium: A vault with niches for urns containing the ashes for cremated bodies. Commercial activities: A regular course of commercial conduct or a particular commercial transaction or act. Commercial and data mining center: Leased or owned boundaries of floor space devoted to commercial and data mining operations but, excluding spaces for commercial offices, storage, shipping and receiving, warehousing, or any other space that is not devoted to commercial and data mining operations. Commercial and data mining operations: The commercial process by which transactions are verified and added to the public ledger, known as the block chain, and also the means through which new units of are released, through the use of commercial Page 15 of 246 ---PAGE BREAK--- server farms within commercial and data mining centers employing data processing equipment. The use of any equipment requiring a high-density load service, for a commercial server farm within a commercial and data mining center will constitute a commercial and data mining operations. Commercial server farm: One computer or multiple computers housed in a commercial and data mining center for the purpose of conducting commercial and data mining operations. Commercial outdoor firing/shooting ranges: Any facilities where outdoor firing of firearms is performed on a commercial basis requires a fee or membership), including but not limited to target practice, skeet and trap shooting, mock war games, and temporary competitions. Commercial recreational facility, indoor: A use that takes place within an enclosed building that involves the provision of sports and leisure activities to the general public for a fee, including but not limited to the following: assembly halls, auditoriums, meeting halls, art galleries and museums, billiard halls and pool rooms, amusement halls, video arcades, ice and roller skating rinks, fully- enclosed theaters, physical fitness centers and health clubs. Commercial recreational facility, outdoor: A use of land and/or buildings that involves the provision of sports and leisure activities to the general public for a fee, including but not limited to the following: stadiums, amphitheaters, circuses and carnivals, fairgrounds, drive-in theaters, golf driving ranges, miniature golf courses, batting cages, race tracks for animals or motor-driven vehicles, turkey shoots, trout ponds, equestrian centers and horse and pony riding rinks, botanical and zoological gardens, recreational vehicle parks, ultra-light flight parks, and bungee jumping. A golf course and private club that is built as part of a single-family residential subdivision and that operates in a quasi-public manner is not considered to be an outdoor commercial recreational facility. Commercial solar power energy device: A system or series of mechanisms designed to conduct commercial solar power generation. Commercial solar power generation: The commercial process by which energy from the sun is converted into electrical power, mechanical power or any Page 16 of 246 ---PAGE BREAK--- combination thereof through the use of a commercial solar power generation facility. Commercial solar power generation facility: A commercial solar energy device, together with any equipment or other personal property and improvements under common ownership, that are used to support the operation of such a commercial solar energy device or commercial solar energy devices, including, but not limited to, underground or aboveground electrical transmission or communications lines, electric transformers, battery storage facilities, telecommunications equipment, roads, meteorological towers, solar panels and maintenance yards. Commercial subdivision(s): Any subdivision(s) conducted for the purpose of accommodating commercial activities. When appropriate to the context, the term shall constitute the process of subdividing a tract of land or area of land or shall constitute the tract of land or area of land that has been subdivided or is in the process of being subdivided. Commercial subdivision(s) – major (“major commercial subdivision(s)”): Commercial subdivision(s) conducted for the purpose of creating or constituting a major commercial subdivision(s), which is any commercial subdivision(s) not classified as a minor commercial subdivision(s). Commercial subdivision(s) – minor (“minor commercial subdivision(s)”): Commercial subdivision(s) conducted for the purpose of creating or constituting a minor commercial subdivision(s), which is any commercial subdivision(s) comprised of or to be comprised of five or fewer lots, building sites, or other divisions and in which no new roads are developed or are to be developed, and no utility extensions and developments are developed or are to be developed. Compatibility: With regard to development, the characteristics of different land uses or activities that permit them to be located near each other in harmony and without conflict. With regard to buildings, it implies harmony in appearance of architectural features in the same vicinity. Conditional use: A use that would not be appropriate generally or without restriction throughout the particular use district and is not automatically permitted by right within a use district, but which, if controlled as to number, Page 17 of 246 ---PAGE BREAK--- area, location or relation to the neighborhood, may be found to be compatible and approved by the Board of Commissioners within a particular land use intensity district as provided in certain instances by the provisions of this Chapter. Condominium: A building or group of buildings, in which units are owned individually, and the structure, common areas and facilities are owned by all of the owners on a proportional, undivided basis. Contractor's establishment: An establishment engaged in the provision of construction activities, including but not limited to, plumbing, electrical work, building, grading, paving, roofing, carpentry, landscaping companies, and other such activities, including the storage of material and the overnight parking of commercial vehicles. A digital currency in which techniques are used to regulate the generation of units of currency and verify the transfer of funds, operating independently of a central bank. Curb cut: The providing of vehicular ingress and/or egress between property and an abutting public street. Day care center: Any place operated by a person, society, agency, corporation, institution or group, and licensed or registered by the State of Georgia and licensed by Pickens County as a group day care home or day care center, wherein are received for pay for group supervision and care, for fewer than 24 hours per day, seven or more children under 18 years of age. Density: The permitted number of dwelling units per gross acre of land to be developed. Development: Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of materials. Drive-through: A retail or service enterprise wherein service is provided or goods are sold to the customer within a motor vehicle and outside of a principal building. Page 18 of 246 ---PAGE BREAK--- Dwelling: A building which is designed or used exclusively for residential purposes, other than a mobile home, recreation vehicles, or motels and hotels. Dwelling, multi-family: A building designed for or occupied exclusively by three or more families or households with separate housekeeping facilities for each family. Dwelling, senior: A multi-family residence with 80 percent or more of the dwelling units occupied by residents, ages 62 and over or handicapped; or couples where either the husband or wife is 62 years of age or older; and does not include convalescent or nursing facilities. Dwelling, single-family: A building designed or arranged to be occupied by one family or household only. Dwelling, two-family (duplex): A building designed or arranged to be occupied by two families or households living independently of each other. Dwelling unit: A building containing one or more rooms and forming a single habitable unit with individual permanent bathroom and kitchen facilities and is used or intended to be used for living, sleeping, cooking, and eating purposes of a single family. Extended stay facility: A motel-like facility in which 50 percent or greater of all guest rooms have facilities for both the storage, refrigeration, and preparation of food, and/or which are advertised, designed, or used for weekly, or longer occupancy. (See "lodging services" in the permitted use table.) Family: An individual, or two or more persons, occupying a dwelling unit appropriately sized for the number of persons living as a single household unit as distinguished from a group occupying a rooming/boardinghouse, a lodging service, fraternity, sorority, and clubs. Family day care home: A private residence in which a business is operated by any person who receives therein (for pay) for supervision and care for fewer than 24 hours per day, three to not more than six children/adults who are not residents in the same private residence. For purposes of this Chapter, a family day care home may be operated as a home occupation, subject to the requirements of this Chapter. Page 19 of 246 ---PAGE BREAK--- Fence: An enclosure or barrier, composed of wood, masonry, stone, wire, iron, or other materials or combination of materials used as a boundary, means of protection, privacy screening, or confinement, including brick or concrete walls but not including hedges, shrubs, trees, or other natural growth. Fence, solid: A fence, including entrance and exit gates where access openings appear, through which no visual images can be seen. Finance, insurance, and real estate establishment: Such uses include but are not limited to banks, savings and loan institutions and credit unions, security and commodity exchanges, insurance agents, brokers, and service, real estate brokers, agents, managers, and developers, trusts, and holding and investment companies. Flea market: Open air business. Governing authority: The Board of Commissioners of Pickens County having the power to act as granted by state law and this Chapter. Group home: A single-family dwelling, housing persons who are mentally/physically handicapped, elderly, terminally ill, AIDS/HIV victims, Alzheimer's patients, or children and teens with emotional problems, operating as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing the organization and stability of a home environment. Guesthouse: A lodging unit for temporary guests in an accessory building. No guesthouse shall be rented or otherwise used as a separate dwelling. Halfway house: A building for temporary residence by nonrelated persons, who are recovering from alcohol abuse or other chemical-based substances, with one or more surrogate parents that provide services that include room, meals, supervision, rehabilitation, and counseling to enable residents to move back into society and live independently. Health service: Health care facilities as well as establishments providing support to the medical profession and patients, such as medical and dental laboratories, blood banks, oxygen and miscellaneous types of medical supplies and services; and offices of doctors, dentists and other medical practitioners. Page 20 of 246 ---PAGE BREAK--- Health spa: An establishment which for profit or gain provides as one of its primary purposes, services or facilities which are purported to assist patrons improve their physical condition or appearance through change in weight, weight control, treatment, dieting, or exercise. The term includes establishments designated as "reducing salons," "exercise gyms," "health studios," "health clubs," and other terms of similar import. Not included within this definition are facilities operated by nonprofit organizations, facilities wholly owned and operated by a licensed physician at which such physician is engaged in the practice of medicine, or any establishment operated by a health care facility, hospital, intermediate care facility, or skilled nursing care facility. High density load service: The provision of electrical service where the requested load density has, for any billing period, either an average power demand in excess of 300 kilowatts, OR an average power density in excess of 250 kilowatt-hours per year per commercial and data mining center square foot, equivalent to 35.064 square feet per kilowatt, at 100 percent load factor. Home occupation: An occupation carried on entirely within a residence by the occupants thereof, which activity is clearly incidental to the use of the residence as a dwelling and which does not change the residential character thereof and is conducted in a manner as to not give any outward appearance of a business in the ordinary meaning of the term. This occupation does not infringe upon the right of neighboring residents to enjoy a peaceful occupancy of their homes for which purpose the residential use district was created and primarily intended. Homeless shelter: A location providing shelter that provides safe, sanitary and decent facilities for the sheltering of persons who have no access to or can reasonably be expected not to have access to either traditional or permanent housing which can be considered safe, sanitary, decent, and affordable. Impervious surface: A manmade structure or surface, which prevents the infiltration of storm water into the ground below the structure or surface. Examples are buildings, roads, driveways, parking lots, decks, swimming pools, or patios. Industrialized home: Any structure or component thereof which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing Page 21 of 246 ---PAGE BREAK--- facilities for installation on a building site and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to, or destruction thereof. Industrialized buildings are constructed and regulated in accordance with the "Industrialized Building Act", Georgia Law 1982 pp. 1637-1643 (Official Code of Georgia Annotated, Title 8, Chapter 2, Article 2, Part Infrastructure. The physical components of a system or of related systems that provide commodities, services or other products to constituents, customers or other applicable parties which can include, but are not limited to buildings, structures, roadways, tunnels, culverts, conduits, water sources, water pipes, sewer pipes, pump stations, pumps and equipment. Institutional residential living and care facilities: An umbrella term that encompasses the following uses as specifically defined in this Chapter: assisted living facility; intermediate care home; nursing home; hospice; and personal care home. Intermediate care home: A facility which admits residents on medical referral; it maintains the services and facilities for institutional care and has a satisfactory agreement with a physician and dentist who will provide continuing supervision including emergencies; it complies with rules and regulations of the Georgia Department of Human Resources. The term "intermediate care" means the provision of food, including special diets when required, shelter, laundry and personal care services, such as help with dressing, getting in and out of bed, bathing, feeding, medications and similar assistance, such services being under appropriate licensed supervision. Intermediate care does not normally include providing care for bed patients except on an emergency or temporary basis. Intra-family (lineal heir) land transfer: A subdivision of land within an AG land use intensity district where each and every lot within the subdivision is conveyed to a lineal heir, which include a grandparent, parent, stepparent, sibling, child, stepchild, adopted child or grandchild of the person conveying the parcel; provided further, that no more than one lot in the subdivision shall be deeded to any one individual. This definition shall not include or authorize any land subdivision, which involves or will involve the creation of lots for sale or the otherwise involving the property transfers for money, tangible or intangible Page 22 of 246 ---PAGE BREAK--- personal property, real property exchanges, or other conveyances for consideration with anyone who does not meet the definition of lineal heir above. Junk: Old and dilapidated automobiles, trucks, tractors and other such vehicles and parts thereof, wagons and other kinds of vehicles and parts thereof, scrap, building material, scrap contractor's equipment, tanks, casks, cans, barrels, boxes, drums, piping, bottles, glass, old iron, machinery, rags, paper, excelsior, hair, mattresses, beds or bedding or any other kind of scrap or waste material which is stored, kept, handled or displayed within the county limits. Junk yard: A lot, parcel of land, structure, or part thereof, used primarily for the collection, storage, and sale of wastepaper, rags, scrap metal, or discarded material, or for the collecting, dismantling, storage, and salvaging of machinery or vehicles not in running condition, or for the sale of parts thereof. Junked vehicle: A vehicle not in operating condition which has been parked or stored upon the same lot or parcel for a period of 60 days or more. Kennel: Any facility used for the purpose of commercial or not-for-profit boarding or sale of animals (excluding horses, swine, goats, and geese) or pets and any other customarily incidental treatment of the animals such as grooming, cleaning, selling of pet supplies, or otherwise. Landfill, inert waste: A disposal facility accepting only wastes that will not or are not likely to cause production of leachate of environmental concern. Such wastes are limited to earth and earthlike products, concrete, cured asphalt, rock, bricks, yard trimmings, stumps, limbs, and leaves, and specifically excluding industrial and demolition waste. Land Use: Land use shall constitute either: 1. Any purpose for which a building, a structure, a tract of land or an area of land is being utilized at a particular point in time or 2. Any process, activity, occupation, business, or operation being carried on at a particular point in time – in a building or structure or on any tract of land or area of land. Page 23 of 246 ---PAGE BREAK--- Livestock: Any generally accepted farm animal raised for food, raw materials or pleasure, including, but not limited to, beef and dairy cattle, sheep, swine, poultry and horses. The term does not include cats, dogs, and other house pets. Livestock animal unit: A measure, which represents a common denominator for the purposes of defining the land carrying capacity for livestock. The animal unit accounts for the carrying capacity of one acre of land and is related to the amount of feed various species consume, and the amount of waste they produce. Livestock, concentrated operations: Any tract of land or building, pen or corral, sheds or fenced fields wherein livestock are maintained in close quarters for feeding, breeding, raising, or holding and the area is specifically designed as a confinement area where manure may accumulate at one location. All such operations are required to follow recognized best management practices. Such areas are further defined if the following minimum number of animals occur at one location: 50 horses; 75 dairy cows; 100 beef cattle; 250 swine (larger than 55 pounds); 1,000 sheep/goats; 1,000 nursery swine; 5,500 turkeys; 1,000 ostriches/emus; 500 ducks/geese; and/or 10,000 chickens. This provision does not apply to any number of livestock free-ranging in pasture. Loading space: Loading and unloading space is a space, typically with dimensions of 12 feet by 60 feet, logically and conveniently located for pickups and/or deliveries or for loading and/or unloading in such a way as it does not conflict with driveways or patron parking, scaled to the delivery vehicles to be used, and accessible to such vehicles. Lodging service: A facility that offers temporary shelter accommodations, or place for such shelter, open to the public for a fee, including but not limited to inns, hotels, motels, extended stay facilities and motor hotels. Bed and breakfast inns are not considered to be lodging services. Lot: A parcel of land occupied or capable of being occupied by a use, building or group of buildings devoted to a common use, together with the customary accessories and open spaces belonging to the same. Lot area, minimum: Minimum lot area means the smallest permitted total horizontal area within the lot lines of a lot, exclusive of street rights-of-way but inclusive of easements. Page 24 of 246 ---PAGE BREAK--- Lot, corner: A lot abutting upon two or more streets at their intersection. (See building setback line.) Lot coverage, maximum: The percentage of a given lot that may be occupied by all principal and accessory buildings and structures on said lot, measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings and structures on the lot. Lot, double frontage: Any lot, other than a corner lot, which has frontage on two streets. Lot frontage: The width in linear feet of a lot where it abuts the right-of-way of any street. Lot line, front: The front property line coincident with a street right-of-way line. Lot of record: A lot, which existed prior to the adoption or subsequent amendment of this Chapter, as shown or described on a plat or deed in the records of the Pickens County Clerk of Courts. Lot width: The distance between side lot lines measured at the front building line. Lot width (curvilinear street frontage): For a lot having frontage upon a curvilinear street, the lot width shall be the distance between the side lines of the lot where the minimum lot width is obtained, measured parallel to the chord of the arc formed by the two outermost points of intersection of the side lines with the road right-of-way line. The lot width line is synonymous with the front setback line in this circumstance. Manufactured home: A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, when erected on site, is 320 or more square feet in floor area, 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; or a structure that otherwise comes within the definition of a "manufactured home" under the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended (42 U.S.C. 5401-5445). Page 25 of 246 ---PAGE BREAK--- Manufactured home park: Any property on which three or more manufactured homes are located or intended to be located for purposes of residential occupancy. Manufacturing: Manufacturing means the converting of raw, unfinished materials or products, or any or either of them, into an article or articles or substance of a different character, or for use for a different character, or for use as a different purpose. Mausoleum: A building where bodies are interred above ground in stacked vaults. Mini warehouse: A structure or group of structures containing separate spaces/stalls, which are leased or rented on an individual basis for the storage of goods. Nonconforming building or structure: A building or structure that does not meet one or more setbacks for the land use intensity district in which said building or structure is located, or a building or structure that exceeds the maximum lot coverage for the land use intensity district in which said building or structure is located, or a principal building or accessory structure that otherwise does not comply with dimensional requirements established by this Chapter for the particular principal building or accessory structure or for the use district in which the nonconforming building or structure is located. Nonconforming lot: A lot which does not conform to the lot requirements of the land use intensity district in which the lot is located as established by this Chapter but which was a lot of record prior to the effective date of this Chapter or its amendment. Nonconforming use: Any building or use of land or building lawfully existing on or before the effective date of this Chapter or as a result of subsequent amendments to this Chapter, which does not conform with the use provisions of the use district in which it is located. Nursing home: A facility which admits 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 Page 26 of 246 ---PAGE BREAK--- 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; and it complies with rules and regulations of the Georgia Department of Human Resources. Office: A building, or portion thereof, wherein predominantly administrative, professional, or clerical operations are performed, and not involving retail sales. Open air business: Any commercial establishment with the principal use of displaying products in an area exposed to open air on three or more sides, including but not limited to rock yards, nurseries and garden supply stores, lumber and building materials yards, flea markets, farmer's markets, statuaries and monument sales establishments, Christmas tree lots and firewood sales lots, liquid petroleum dealers and tank sales. A roadside stand is not an open-air business. Parking space: An area having dimensions of nine feet by 20 feet and not less than 180 square feet, excluding driveway and maneuvering area, to be used as a temporary storage space for a private motor vehicle. Personal care home: Any dwelling, whether operated for profit or not, 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 or more adults who are not related to the owner or administrator by blood or marriage. Personal care tasks include assistance with bathing, toileting, grooming, shaving, dental care, dressing, and eating. (Synonymous with assisted living home; see institutional residential living and care facilities.) Personal service establishment: A facility engaged in the provision of services to persons and their apparel, including but not limited to barber and beauty shops, coin-operated and full-service laundries and dry cleaners, photographic studios, shoe repair and shoeshine shops, dance studios, schools, and halls, and travel agencies. Planning commission: The Pickens County Planning Commission, or equivalent body, as appointed by the Board of Commissioners. Page 27 of 246 ---PAGE BREAK--- Public use: Any land use conducted by the federal government, the State of Georgia, the county, a municipality, or any authority, agency, board, or commission of the above governments, that is necessary to serve a public purpose, such as, but not limited to the following infrastructure: administrative buildings; post offices; police stations; fire stations; libraries, publicly operated museums; public health facilities; public hospitals; public works camps; parks; community centers; public roads and streets; airports; water intake; collection; pumping; treatment facilities; storage facilities, emergency medical facilities; detention centers; and correctional facilities. Excluded from the term “public use” is sewer infrastructure and the process, activity, occupation, business, or operation of constructing sewer infrastructure. Rabbit farming: An agricultural business which breeds, raises, or processes rabbits and resulting waste products for commercial marketing as pets, meat, fur, or soil by-products. Recreational vehicles: A vehicular type portable structure without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreational, camping and travel use and including, but not limited to, travel trailers, truck campers, camping trailers and self-propelled motor homes. Recycling center, collection point: An incidental use that serves as a neighborhood drop-off destination for temporary storage of recoverable resources. No processing of such items is allowed. This facility would generally be located in a commercial parking lot, or at other public/quasi-public areas, such as churches and schools. Recycling center, processing: Any facility utilized for the purpose of collecting, sorting and processing materials to be recycled, including but not limited to, plastics, glass, paper and aluminum materials. Research laboratory: A facility for scientific laboratory research in technology- intensive fields, including but not limited to biotechnology, pharmaceuticals, genetics, plastics, polymers, resins, coatings, fibers, fabrics, films, heat transfer, and radiation research facilities, computer software, information systems, communication systems, transportation, geographic information systems, multi­ media and video technology. Also included in this definition are facilities Page 28 of 246 ---PAGE BREAK--- devoted to the analysis of natural resources, medical resources, and manufactured materials, including environmental laboratories for the analysis of air, water, and soil; medical or veterinary laboratories for the analysis of blood, tissue, or other human medical or animal products, and forensic laboratories for analysis of evidence in support of law enforcement agencies. Residential subdivision(s): Any subdivision(s) conducted for the purpose of accommodating residential occupation. When appropriate to the context, the term shall constitute the process of subdividing a tract of land or area of land or shall constitute the tract of land or area of land that has been subdivided or is in the process of being subdivided. Residential subdivision(s) – major (“major residential subdivision(s)”): Residential subdivision(s) conducted for the purpose of creating or constituting a major residential subdivision(s), which is any residential subdivision(s) not classified as a minor residential subdivision(s). Residential subdivision(s) – minor (“minor residential subdivision(s)”): Residential subdivision(s) conducted for the purpose of creating or constituting a minor residential subdivision(s), which is any residential subdivision(s) comprised of or to be comprised of five or fewer lots, building sites, or other divisions and in which no new roads are developed or are to be developed, and no utility extensions and developments are developed or are to be developed. Re-subdividing: The process of making a change in a map of any approved or recorded subdivision plat altering the number of lots incorporated within the confines of the original plat. Retail trade establishment, enclosed: Any business offering goods and products for sale to the public, which may include the incidental repair of such goods and products, that operates entirely within a structure containing a roof and walls on all sides, except for outdoor display or other use during business hours and accessory storage in enclosed, subordinate buildings. These include but are not limited to the following: convenience stores including the sale of gasoline, hardware, paint, glass and wallpaper stores, grocery and miscellaneous food stores including retail bakeries, apparel, shoe, and accessory clothing stores, furniture, upholstery, floor covering, household appliance and home furnishing stores, musical instrument stores, radio, television, and computer stores, record, Page 29 of 246 ---PAGE BREAK--- tape, and compact disc stores, eating and drinking places not involving drive-in or drive-through facilities, drug stores, apothecaries and proprietary stores, liquor stores and bottle shops, used merchandise stores and pawn shops, sporting goods stores and bicycle shops, art and stationery stores, hobby, toy, and game shops, jewelry, gift, novelty, souvenir and antique shops, camera and photographic supply stores, luggage and leather goods stores, sewing, needlework, and piece goods stores, catalogue and mail order stores, newsstands, florists, tobacco shops, automotive parts stores not involving repair, video rental and sales stores, and watch and clock sales and repair shops. Roadside stand: A use offering either farm-grown, prepared food products such as fruits, vegetables, canned foods, or similar agricultural products for sale on the premises or within a temporary structure on the premises with no space for customers within the structure itself. [Does not include apple houses or wineries/wine-tasting.] Salvage yard: See junk yard. Screening: A method of visually shielding or obscuring one abutting or nearby building, structure, or use from another by fencing, walls, berms, densely planted vegetation, or some combination thereof. Sewer infrastructure: Any infrastructure that transports wastewater from buildings to wastewater treatment plants, that can include, but is not limited to, the following components: service lines; main sewer lines; trunk sewer; manholes, lift stations and wastewater treatment plants. Sewer infrastructure construction: Any process, activity, occupation, business, or operation being conducted on any area or tract of land at a particular point in time that constructs any sewer infrastructure. Street: A dedicated and accepted public right-of-way, which affords the principal means of access to abutting properties. Structure: Anything constructed or erected, the use of which requires more or less permanent location on the ground or which is attached to something having more or less permanent location on the ground. Page 30 of 246 ---PAGE BREAK--- Subdivision(s) means the division of a tract of land or area of land into two or more lots, building sites, or other divisions for any purpose, whether immediate or future, including but not limited to divisions for sale, rental, legacy, or building development. This definition shall include re-subdivision. When appropriate to the context, subdivision(s) shall constitute the process of subdividing a tract of land or area of land or shall constitute the tract of land or area of land that has been subdivided or is in the process of being subdivided. Telecommunications tower: (See Chapter 66 of the Code). Townhouse: One of a group of three or more attached dwelling units under fee simple ownership. Trash: Cuttings from vegetation, refuse, paper, bottles, and rags. Also see junk. Truck terminal: A facility for the receipt, transfer, short-term storage, and dispatching of goods transported by truck. Utility infrastructure excluding sewer infrastructure and telecommunication towers. Any infrastructure owned and/or operated by private utilities or private companies for a public purpose, or that is reasonably necessary for the furnishing of adequate service by such utilities including underground and overhead gas, electric, steam, or water distribution or transmission lines or systems, including incidental wires, cables, and poles. Not included are telecommunication towers or sewer infrastructure. Utility infrastructure construction: Any process, activity, occupation, business, or operation being conducted on any area or tract of land at a particular point in time that constructs any “utility infrastructure excluding telecommunication towers or sewer infrastructure”. Variance: A grant of relief from the requirements of this Chapter which permits construction in a manner otherwise prohibited by this chapter where specific enforcement would result in unnecessary hardship. Warehouse: Storage of materials, equipment, or products within a building for manufacturing use or for distribution to wholesalers or retailers. Page 31 of 246 ---PAGE BREAK--- Wholesale trade establishment: An establishment engaged in the selling or distribution of merchandise to retailers, to industrial, commercial, institutional, or professional business users, or to other wholesalers. Yard: A space on the same lot with a principal building, open unoccupied and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted. Yard, front: An open, unoccupied space on the same lot with a principal building, extending the full width of the lot, and situated between the street right-of-way and the front line of the building projected to the side lines of the lot. Yard, side: An open, unoccupied space on the same lot with the principal building, situated between the building and the sideline of the lot and extending from the rear line of the front yard to the front line of the rear yard. Yard, rear: An open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the sidelines of the lot. Zero lot line: The location of a building on a lot in such a manner that one or more building sides have no (zero) side or rear building setback (or yard requirements) and rests directly on a side or rear lot line. A zero lot line development is one where houses in the development on a common street frontage are shifted to one side of their lot. (Ord. of 5-2-2005; Res. of 8-25-2011, § 1; Res. of 9-15-2016, § 1; Res. of 3-16-2017, § 1, Exh. A; Ord. of 7-15-2024, § I) (Ord. of 5-22-2025, § 1 (Exh. Sec. 67-5. - Establishment of land use intensity districts. Purpose and establishment. The land use intensity districts established in this chapter are intended to: promote the orderly future development of the county in accordance with the comprehensive plan; discourage the size and type of development which would create excessive requirements and costs for public services; discourage uses which because of their size or type would generate an abnormal amount of traffic on minor streets; establish relationships between and among land uses that will ensure compatibility and maintain quality of life; and protect and promote suitable Page 32 of 246 ---PAGE BREAK--- environments for residences, institutions, commercial and other employment centers, and other uses. The following use districts are hereby established: Agriculture District (AG) Small Agriculture District (SA) Estate Residential (ER) Rural Residential (RR) Suburban Residential (SR) Urban Residential (UR) Special Planned Community District (SPC) Suburban Residential Private Community District (SRPC) Neighborhood Commercial District (NC) Highway Business District (HB) Industrial District (Ord. of 5-2-2005; Res. of 8-26-2010; Res. of 8-25-2011, § 2) Sec. 67-6. - Official land use intensity districts map. 67-6.1. Map. The boundaries of land use intensity districts created by this chapter are hereby established as shown on a map entitled "Official Land Use Intensity Map, Pickens County Georgia." Said map and all explanatory matter thereon accompanies and is hereby made a part of this chapter. 67-6.2. Map amendment. If, in accordance with the provisions of this chapter, changes are made in the district boundaries or other subject matter portrayed on the official land use intensity districts map, such change shall be made on the official land use intensity district map after the amendment has been approved by the governing authority. Page 33 of 246 ---PAGE BREAK--- 67-6.3. Use district of vacated right-of-way. Whenever any street, alley or other public way is vacated or abandoned by official action of the governing authority, the use district adjoining each side of such street, alley, or public way shall be automatically extended to the center of same. (Ord. of 5-2-2005; Ord. of 1-21-2016(1)) Sec. 67-7. - Rules governing boundaries. Where uncertainty exists with respect to the boundaries of any of the aforesaid use districts as shown on the official land use intensity districts map, the following rules shall apply: 67-7.1. Where district boundaries are indicated as approximately following the centerlines of streets or highways, street lines or highway right-of-way lines or such lines extended, such centerlines, street lines or highway right-of-way lines shall be construed to be such boundaries. 67-7.2. Where district boundaries are so indicated that they approximately follow lot lines, such lot lines shall be construed to be said boundaries. 67-7.3. Where district boundaries are so indicated that they are approximately parallel to the centerlines of streets or highways, or rights-of-way of same, such district boundaries shall be construed as being parallel thereto and at such distance there from as indicated on the official land use intensity districts map. If no distance is given, such dimension shall be determined by the use of the scale shown on said official land use intensity districts map. (Ord. of 5-2-2005) Sec. 67-8. - Land use intensity districts. 67-8.1. Agricultural District (AG). Purpose and intent. Located within Pickens County are several areas, which contain soils highly suitable for the cultivation of agricultural crops and forests. Land in the agricultural district constitutes a valuable natural resource, and protection is in the public interest. Agriculture and forestry are major components of the county's Page 34 of 246 ---PAGE BREAK--- economy, and they remain viable economic enterprises in that land is held in relatively large tracts). The continuation of agriculture and forestry as viable land uses and components of the local economy is threatened by rural residential, suburban and urban land uses and land subdivision. When land is divided into smaller tracts, it becomes less suitable for agriculture and forestry production because the assembly of enough acreage for a farm of minimum efficient size becomes difficult. Smaller tracts generally sell for a higher price per acre, and subdivision of large agricultural or forest tracts generally results in the increase of per-acre land values. The availability of smaller tracts at lower cost attracts exurban and suburban residential and non- farm buyers into the market, thereby increasing adjacent land values for residential uses and decreasing land values for agricultural and forest uses. The cumulative impact of the subdivision of farm and forest lands into small lots increases the level of conflict between farmers/foresters and non-farmers, makes farming more difficult, and eventually leads to dissolution of the agricultural and forest economy. Therefore, pursuant to the many goals, objectives, policies, and recommendations of the comprehensive plan for the county, an agricultural land use intensity district is hereby established with the purposes of maintaining the agricultural and forest land resources in a form amenable to the continuation of agriculture, restricting the division of farmland so that it does not become broken up into small parcels, thereby avoiding the accelerated conversion of land to residential uses and discouraging the shift of the land market from agricultural and rural to suburban and urban. These districts are most appropriately located in areas shown as agriculture/forestry on the future land use plan of the comprehensive plan. Permitted and conditional uses. Permitted and conditional uses shall be as provided in Table 6-1-1, "Permitted and Conditional Uses by Land Use Intensity District." Dimensional requirements. Dimensional requirements shall be as provided in Table 6-1-2, "Dimensional Requirements by Land Use Intensity District." Intra-family (lineal heirs) land transfer. Page 35 of 246 ---PAGE BREAK--- A. It is the intent of this section to provide for the subdivision and conveyance of land to immediate family members for their primary residence in accordance with the technical standards of this section. The purpose of this section is to preserve the ability of property owners to convey lands to lineal heirs by providing for an exception to the density assigned to the parent parcel, where such divisions create parcel sizes that are generally prohibited by the county's comprehensive plan. B. The subdivision of land under the provisions of this section shall be applied in a manner that creates the least extent and number of nonconforming lots or parcels. 1. The maximum number of conforming parcel sizes shall be retained while providing for the equal division of the remaining acreage. 2. Division of parent tracts that do not conform to the density standard assigned to parcel shall be divided to create parcels of equal size. 3. Minimum parcel size is one and one-half acre. 4. The minimum parcel size shall apply to any parcel created pursuant to this section. 5. This section shall not be allowed more than one time for each family member. 6. With the exception to density requirements, the division of land under the provisions of this section shall meet all other applicable standards in the land development regulations including, but not limited to, access design, and road construction standards. C. Intra-family (lineal heir) land transfers are prohibited in the following areas: 1. SA, ER, RR, SR, UR, SPC, SRPC, NC, HB, and I land use intensity districts. 2. Subdivisions or any tract located on a private easement less than 60 feet in width and serves two or more unrelated landowners. 3. Lots in recorded subdivisions. D. Eligibility standards are as follows: 1. Eligible persons or lineal heirs recipient: Grandparent, parent, stepparent, sibling, child, stepchild, adopted child or grandchild of the person conveying the parcel. 2. Applicants for building permits must submit a notarized affidavit identifying their relationship to the parent parcel owners. Page 36 of 246 ---PAGE BREAK--- 3. Eligible parcels: Parent parcels of record under the ownership of the grantee for a period of time no less than five years. E. Platting requirements are as follows: 1. A plat (survey) prepared on an 11-inch by 17-inch sheet at an acceptable scale by a licensed surveyor or engineer shall be prepared, showing the relationship of the parcels transferred to the un-platted lands of the grantee, all easements for utilities, egress and ingress and their relation to a public road right-of-way and shall include a legal description by fractional calls and/or metes and bounds for each of the lots or parcels created. 2. Every parcel must have a permanent access for ingress and egress and shall be provided by a road built to county standards or in special cases a nonexclusive easement. 3. No road or easement created may be less than 60 feet wide for the purpose of ingress and egress. 4. Utility easements shall be a minimum of ten feet wide, in addition to any required minimum roadway or egress and ingress easement. 5. Any roads constructed must meet the minimum requirements of the county road department for local roads. 6. Private roads (not dedicated to the public) will not be accepted into the county road maintenance system, regardless of the type of construction as long as the property is located in the AG land use intensity district. 7. All plats or surveys containing constructed roads shall provide construction plans that have been approved by the appropriate water management district for drainage. 8. Prior to application for building permits, all roads and easements created for ingress and egress must be surveyed out, cleared, and stabilized to provide a durable surface for the passage of a two-wheel drive vehicle. 9. Any road, easement or driveway that ties in or connects to a public road or right-of-way will require a permit that will require the driveway or turnout from a private road or easement to be constructed to county specifications. F. Applications may be obtained from the development department. The following documentation is required prior to the processing and review of applications for intra-family (lineal heir) land transfer subdivisions: 1. Proof of ownership for five years. The applicant shall submit a deed and legal description of the parent parcel and proof of ownership for at least five years. Page 37 of 246 ---PAGE BREAK--- 2. Description of property division. The applicant shall submit three certified boundary surveys/plat maps showing all proposed division of the property, ingress and egress, easements for utilities, tie-ins to a public road right-of­ way, and metes and bounds description of each parcels/lots created by the division. 3. Lineal heir relationship affidavit. The applicant shall obtain, complete and submit the lineal heir relationship to the development department at the time of application for the intra-family (lineal heir) land transfer. G. Deeds with an attached plat map shall be recorded prior to the issuance of a building permit. Such deeds shall include language giving notice that the subdivision of land is in accordance to the intra-family (lineal heir) land transfer and of the prohibition of additional density conveyance addressed in subsection of this section. 1. Recording of the deeds or plat map of any parcel created pursuant to these regulations shall not be allowed until such time as the planning commission has reviewed and approved such plat. 2. Building permits shall only be issued to the recipient of the parcels created for the primary residence and allowable accessory structures. H. No parcel created by this exception process may receive additional density exceptions for future of the grantee, nor future owners of the parcel. I. Variances. If the enforcement of any of the provisions of this section would be impracticable or would work an undue hardship upon any person, following a report by the planning commission on the nature of the hardship, the governing authority may waive any of the provisions of this section and such waiver shall not be deemed a continuing waiver of such provisions, nor shall such waiver abrogate or impair the effectiveness of such provisions. J. Error. If an appreciable error or omission in the data shown on any plat duly recorded under the provisions of this section is detected by subsequent examination or revealed by a retracement of the lines run during the original survey of the lands shown on such recorded plat, the land surveyor who was responsible for the survey and the preparation of the plat as recorded may file an affidavit confirming that such error or omission was made. However, the person making the affidavit must state that he made a resurvey of the subject property in the recorded subdivision within the last ten days and that there is no evidence that would conflict with corrections as stated in the affidavit. The affidavit shall describe the nature and extent of such error or omission and the appropriate Page 38 of 246 ---PAGE BREAK--- correction that, in his opinion, should be substituted for the erroneous data shown on such plat or added to the data on such plat. Where such an affidavit is filed, it is the duty of the county clerk to record such affidavit and he may place in the margin of such recorded plat a notation that the affidavit has been filed, the date of filing, and the book and page where it is recorded. The affidavit shall have no effect upon the validity of the plat or on the information shown thereon. 67-8.2 Small Agriculture District (SA). Purpose and intent. This low-density district is intended to create the opportunity for mini-farms, where the rural lifestyle of Pickens County is maintained and encouraged, albeit at a smaller scale. The minimum lot size of five acres with one single family detached home per lot, plus customary accessory uses, provides limited agriculture and forestry opportunities, perhaps mixed with animals held for personal enjoyment. Public water may be limited in some locations, so well-water may be expected in combination with individual sewage disposal systems. Conservation design subdivisions offer additional design opportunities to protect steep slopes, on-site hydrological features, and larger areas of scenic farmlands. This district, in combination with the AG district, can help implement the rural development character area of the comprehensive plan. Permitted and conditional uses. Permitted and conditional uses shall be as provided in Table 6-1-1, "Permitted and Conditional Uses by Land Use Intensity District." Dimensional requirements. Dimensional requirements shall be as provided in Table 6-1-2, "Dimensional Requirements by Land Use Intensity District." 67-8.3. Estate Residential District (ER). Purpose and intent. This low density district is designed for rural ambience. The minimum lot size of three acres helps establish a more rural environment, and further determines that streets providing access to lots do not require curb-and-gutter designs that are more common to urban subdivisions. Curvilinear streets can combine with drainage swales to provide speed limiting, country lane conditions. On-site sewage management systems are common here and the lot sizes allow private wells or community water systems, in lieu of public water. Conservation subdivision designs are feasible in this district as well. Lots are limited to one principal dwelling per lot with customary accessory uses. Page 39 of 246 ---PAGE BREAK--- Permitted and conditional uses. Permitted and conditional uses shall be as provided in Table 6-1-1, "Permitted and Conditional Uses by Land Use Intensity District." Dimensional requirements. Dimensional requirements shall be as provided in Table 6-1-2, "Dimensional Requirements by Land Use Intensity District." 67-8.4. Rural Residential District (RR). Purpose and intent. RR districts are intended to provide for low-density residential areas consisting of detached single-family dwellings surrounded by yards that provide a desirable and healthy environment. RR districts are not served by sanitary sewer or by public water supply. The RR district establishes a minimum lot size of one unit per 65,340 square feet, but also establishes a maximum gross density to enable conservation subdivisions as an alternative to conventional rural residential subdivision patterns. Because RR districts are served by on-site sewage management systems, maximum density is based generally on public health requirements that lots must be large enough to accommodate a septic tank drain field and replacement drain field area. These districts are most appropriately located in areas shown as low density residential on the future land use map of the comprehensive plan. Permitted and conditional uses. Permitted and conditional uses shall be as provided in Table 6-1-1, "Permitted and Conditional Uses by Land Use Intensity District." Dimensional requirements. Dimensional requirements shall be as provided in Table 6-1-2, "Dimensional Requirements by Land Use Intensity District." 67-8.5. Suburban Residential District (SR). Purpose and intent. SR districts are intended to provide for moderate density residential areas surrounded by yards that provide a desirable and healthy environment. SR districts are not served by sanitary sewer but have a public water supply available. The SR district establishes a minimum lot size of one acre, but also establishes a maximum gross density to enable conservation subdivisions as an alternative to conventional suburban residential subdivision patterns. These districts are most appropriately located in areas shown as medium density residential on the future land use map. Page 40 of 246 ---PAGE BREAK--- Permitted and conditional uses. Permitted and conditional uses shall be as provided in Table 6-1-1, "Permitted and Conditional Uses by Land Use Intensity District." Dimensional requirements. Dimensional requirements shall be as provided in Table 6-1-2, "Dimensional Requirements by Land Use Intensity District." 67-8.6. Urban Residential District (UR). Purpose and intent. UR districts are intended to provide urban low density residential living with yards that provide and encourage a desirable and healthy environment. UR districts are served by sanitary sewer and public water. With a minimum lot size of less than one acre (32,670 square feet or .75 acres), the UR district creates a large lot format that is consistent with a low density area, even though the water/sewer service levels to these areas might suggest higher density opportunities. The UR district implements the suburban infill character area. Permitted and conditional uses. Permitted and conditional uses shall be as provided in Table 6-1-1, "Permitted and Conditional Uses by Land Use Intensity District." Dimensional requirements. Dimensional requirements shall be as provided in Table 6-1-2, "Dimensional Requirements by Land Use Intensity District." 67-8.7. Special Planned Community (SPC). Purpose and intent. This district is indicative of its name, allowing planned communities to be created, yet on a smaller scale than those designed in the Suburban Residential Private Community District (SRPC). The district, itself, only exists after detailed review and approval of a site plan and the designation of such land use intensity district on the official district map. Options allow both gated and un-gated communities and maximum density is six dwelling units per acre with access on paved street systems meeting the standards of Pickens County, whether public or private. Conservation design subdivisions are allowed and service levels can include equivalent public water systems in combination with septic tanks or equivalent public sewer systems. Conservation designs are encouraged to preserve open space, reduce infrastructure, and enhance the living environment. Mixed uses are feasible as described below. Permitted and conditional uses. Permitted and conditional uses shall be as provided in Table 6-1-1, "Permitted and Conditional Uses by Land Use Intensity District." Page 41 of 246 ---PAGE BREAK--- Dimensional requirements. Dimensional requirements shall be as provided in Table 6-1-2, "Dimensional Requirements by Land Use Intensity District." Applicability. 1. Approval of the SPC district shall require development by a single owner or company, and a common master plan and any design that is approved with commonly-held open space or site amenities requires the establishment of a property/homeowner's association/equivalent prior to the sale of the first lot, along with private covenants assuring the maintenance of all improvements, common areas, and amenities. 2. The district requires a minimum tract size of 150 acres to qualify for consideration. 3. The district allows a mix of residential dwelling types. 4. The site/master plan of the proposal will be reviewed and recommended for either approval or disapproval by the Pickens County Planning Commission and will be forwarded to the governing authority of Pickens County for final decision. Revisions, including proposals to increase density in areas previously approved for lower density, or the location or dimensions of approved streets, or other changes that affect the intent and character of the development, shall require re-review by the planning commission and final action by the governing authority of Pickens County, per the Land Use Procedures and Standards Ordinance, Pickens County. Site plan approval shall not exempt applicable reviews under the subdivision chapter of the Pickens County Land Development Standards. 67-8.8. Suburban Residential Private Community District (SRPC). Purpose and intent. Suburban Residential Private Community (SRPC) districts are intended to provide for the development of large tracts of land as planned communities, creating a mix of residential and small commercial uses and densities based on the natural environment and compatibility with surrounding land uses. The SRPC district is a flexible alternative to the strict regulations of the other districts, allowing the developer to cluster houses and reduce the needed infrastructure, thus reducing the cost and preserving larger amounts of natural open space and increasing the land available for recreational areas. The maximum residential Page 42 of 246 ---PAGE BREAK--- density of this district is six dwelling units per acre when served by public water and public sewer. Permitted and conditional uses. Permitted and conditional uses shall be as provided in Table 6-1-1, "Permitted and Conditional Uses by Land Use Intensity District." Applicability. 1. SRPC is permitted only if the development is planned as a private gated community and is developed by a single owner or company, and/or under a common master plan with recorded restrictive covenants providing for a property owners association. The community shall include all improvements, common areas and amenities and shall be regulated by the covenants and restrictions of the property ownership association. 2. The minimum size for a SRPC district shall be 500 acres, in a common ownership or under a common master plan. 3. The land use shall be primarily residential, with community-supported uses such as small-scale neighborhood commercial, cultural, recreational and civic uses. The common property of the development such as open space, recreational areas, roads and infrastructure and buildings shall be maintained by the property ownership association or by the developer. 4. The site/master plan of the proposal will be reviewed and recommended for either approval or disapproval by the Pickens County Planning Commission and will be forwarded to the governing authority of Pickens County for final decision. Revisions, including proposals to increase density in areas previously approved for lower density, or the location or dimensions of approved streets, or other changes that affect the intent and character of the development, shall require re-review by the planning commission and final action by the governing authority of Pickens County, per the Land Use Procedures and Standards Ordinance, Pickens County. Site plan approval shall not exempt applicable reviews under the subdivision chapter of the Pickens County Land Development Standards. 67-8.9. Neighborhood Commercial District (NC). Purpose and intent. The neighborhood commercial district is intended to provide suitable areas for the retailing of goods and the provision of services to adjacent and nearby residential neighborhoods. Most of the uses permitted in this district are not Page 43 of 246 ---PAGE BREAK--- auto-oriented in nature, and the overall character of neighborhood commercial districts is such that access by both vehicles and pedestrians is possible. This district most appropriately implements portions of multiple character areas identified on the Pickens County Future Development Map in the comprehensive plan as Highway 53/West Church Street Corridor, Steve Tate Highway/Highway 53/Yellow Creek Road Crossroads, Highway 53 South (East Church St.) Corridor, Highway 5 Alt./North Main Street Corridor and Burnt Mt. Road/Cove Road Corridor. Permitted and conditional uses. Permitted and conditional uses shall be as provided in Table 6-1-1, "Permitted and Conditional Uses by Land Use Intensity District." Dimensional requirements. Dimensional requirements shall be as provided in Table 6-1-2, "Dimensional Requirements by Land Use Intensity District." 67-8.10. Highway Business District (HB). Purpose and intent. The highway business district is intended to provide suitable areas for those business and commercial uses which primarily serve the public traveling by automobile and which benefit from direct access to major streets. HB districts provide that the automobile has precedence over the pedestrian. Generally, highway commercial districts are considered unsuitable abutting single-family residential districts because of the uses permitted in the district and their associated off-site impacts. This district most appropriately implements portions of multiple character areas shown on the Pickens County Future Development Map in the comprehensive plan as Highway 515 Corridor; Highway 53/West Church Street Corridor; Highway 53 South (East Church St.) Corridor; and Highway 5 Alternate/North Main Street Corridor. Permitted and conditional uses. Permitted and conditional uses shall be as provided in Table 6-1-1, "Permitted and Conditional Uses by Land Use Intensity District." Dimensional requirements. Dimensional requirements shall be as provided in Table 6-1-2, "Dimensional Requirements by Land Use Intensity District." 67-8.11. Industrial District Purpose and intent. The purposes of these districts are to provide and reserve suitable areas for a variety of industrial uses including manufacturing, wholesale trade and distribution activities. Industrial districts are only intended to be located in Page 44 of 246 ---PAGE BREAK--- areas with relatively level topography, adequate water and sewerage facilities, and access to arterial streets and highways. Industrial districts may be appropriate at the single lot level of development; however, these uses are encouraged to locate in planned industrial parks where possible. Vehicular activities in industrial districts consist predominantly of trucks, with some passenger vehicle traffic, and the road system is built to support truck traffic. The industries locating in this district are characterized as lower in intensity, cleaner, and generally more compatible when located adjacent to commercial areas than are heavy manufacturing uses. Industrial districts are intended to permit only those industrial and other uses that will not generate excessive noise, particulate matter, vibration, smoke, dust, gas, fumes, odors, radiation and other nuisance characteristics, or are capable of operation in such a manner as to control the external effects of the manufacturing process, such as odors, vibrations, emissions, or other nuisance characteristics through prevention or mitigation devices and conduct of operations within the confines of buildings. Heavy commercial activities and open storage businesses are also included as permitted uses in these districts; however, industrial districts do not service the general public and, therefore, business uses are generally not permitted. Heavier industrial activities may be permitted if approved as a conditional use. This district most appropriately implements areas shown on the Pickens County Future Development Map where industrial uses are established or expected to grow. Permitted and conditional uses. Permitted and conditional uses shall be as provided in Table 6-1-1, "Permitted and Conditional Uses by Land Use Intensity District." Dimensional requirements. Dimensional requirements shall be as provided in Table 6-1-2, "Dimensional Requirements by Land Use Intensity District." TABLE 6-1-1 PERMITTED AND CONDITIONAL USES BY LAND USE INTENSITY DISTRICT The following table shows uses, which are permitted conditionally (special use) permitted and not permitted (prohibited) Approval of a conditional use shall require final action by the governing authority of Pickens County per the process dictated by the Land Use Procedures and Standards Ordinance, Pickens County (Chapter 67, Appendix In cases where a use is proposed, but is not listed in this table, the land use officer shall make an administrative determination as to whether or not the use is permitted in the land Page 45 of 246 ---PAGE BREAK--- use intensity district or districts in question. The land use officer may determine that such use is substantially similar to another permitted use and allow that use to be permitted. The land use officer may determine that such use is substantially similar to a conditional use, and allow that use as a conditional use. The land use officer may determine that such use is prohibited altogether in the use district or districts in question. In making such determinations, the land use officer shall consult the purpose and intent statements of the land use intensity district or districts in question, in addition to comparing the use in question to uses specifically listed in this table. In the event that the land use officer is unable to make a determination or if the entity requesting consideration on the subject use disagrees with the interpretation of the land use officer, then the board of appeals is empowered to properly convene and make a decision on the use, or failing to do so, authorize and recommend that the Land Use District Ordinance be properly amended per the Land Use Procedures and Standards Ordinance, Pickens County. In the latter case, the subject use is prohibited until this chapter is properly amended. Section 67-10.3 Landscape Strips apply to all multi-family and non-residential developments. Also, section 67-10.5, Buffer Requirements, may apply when different land use districts abut each other. TABLE 6-1-1 TABLE 6-1-2 NA = Not applicable * = Subject to health department approval, if not served by public water and public sewer. = See special requirements for duplexes in Section 38, Pickens County Land Development Standards. Within an AG district, the minimum lot size for any subdivision of land except those allowed for an intra-family land transfer shall be ten acres. Lot sizes for lots within intra-family land transfers shall be subject to the provisions of section 67­ 8.1. Shall be determined by an approved master plan. Measured at the front building setback line. Page 46 of 246 ---PAGE BREAK--- (Ord. of 5-2-2005; Res. of 8-26-2010; Res. of 8-25-2011, 3—12; Res. of 9-20-2012; Res. of 9-15-2016, § 1; Ord. of 7-15-2024, § II) Sec. 67-9. - General provisions. 67-9.1. Use. No building, structure, land, or water shall hereafter be used or occupied, and no building or structure or part hereof shall be erected, constructed, reconstructed, moved or structurally altered except in conformity with the regulations of this chapter or amendments thereto, including the use provisions for the use district in which it is located. Except as otherwise provided for in this chapter pursuant to interpretation of the land use officer, any use not specifically permitted in a use district shall be prohibited in that district. 67-9. Height. No building or structure shall hereafter be erected or altered so as to exceed the height limits as may be generally established by this chapter for different types of buildings and structures, and as provided for the use district in which the property is located. The height limitations of this chapter shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy, or public utility facilities. 67-9.3. Maximum density, minimum lot size, and minimum lot width. No lot shall hereafter be developed with a number of housing units that exceeds the residential density for the use district in which the lot is located as established by this chapter. No lot shall hereafter be developed that fails to meet the minimum lot size and minimum lot width for the use district in which the lot is located as established by this chapter, except as otherwise specifically provided. 67-9.4. Minimum required yards and building setbacks. No building shall hereafter be erected in a manner to have narrower or smaller rear yards, front yards, or side yards than specified for the use district in which the property is located, or for the specific use if yards and setback regulations pertain to a specific use in this chapter. No lot shall be reduced in size, and no principal building shall hereafter be constructed, so that the front, side, or rear yards of the use district in which said lot and building are located are not maintained. This section shall not apply when a portion of a lot is acquired for a public purpose. No part of a yard shall be included as a part of the yard required for another building. The application of buffer requirements, as established by this chapter, supersedes these minimum required yards. Page 47 of 246 ---PAGE BREAK--- 67-9.5. One principal building on a lot. Only one principal building and its customary accessory buildings may hereafter be erected on any lot, unless this chapter specifically provides otherwise; further provided, that more than one multi-family dwelling, office, institutional, commercial, or industrial building may be located on a lot or tract. 67-9.6. Coverage requirements. No lot shall hereafter be developed to exceed the maximum lot coverage specified for the use district in which it is located. No lot shall be developed with less than the minimum landscaped open space specified for the use district in which said lot is located. 67-9.7. Visibility at intersections and driveway entrances. At the intersection of public streets, at the intersection of any vehicular access drive with a public street, and at the intersection of any vehicular access drive with another vehicular access drive, no plant, structure, fence, wall, sign or other element in excess of three feet in height above street grade shall be placed or maintained within a triangular area formed by a line connecting two points that are located 25 feet from the intersection. 67-9.8. Minimum lot frontage. The minimum residential lot frontage shall be 50 feet. (Ord. of 5-2-2005; Res. of 8-25-2011, § 13) Sec. 67-10. - Supplemental provisions. 67-10.1. Accessory uses and structures. 1. No accessory structure or parking area shall be permitted in any required front set back of any land use intensity district. 2. Residential accessory uses in the ER, RR, SR, UR, SPC, and SRPC districts, such as garages, greenhouses, or workshops, shall not be rented or occupied for commercial purposes. 3. All residential accessory buildings must be located at least ten feet from the principal building. 4. Filling station pumps and pump islands where permitted may occupy the required yards, provided that they shall not be less than 15 feet from street lines; canopies, whether attached or detached from the principal building must be at Page 48 of 246 ---PAGE BREAK--- least 14 feet in height and the outermost edge shall be five feet from any property line. 5. All non-residential accessory buildings shall only be used by the owners, employees, lessee, or tenants of the premises, and shall meet the setback requirements of the principal building. 6. An open or unenclosed swimming pool may occupy a required rear or side yard, provided that the pool is not located closer than six feet to a rear lot line or ten feet to an interior side lot line. A three-feet wide walk space shall be provided between pool walls and protective fences or barrier walls. 7. No accessory structure shall be located closer than 15 feet to a side or rear lot line in all land use intensity districts. 67-10.2. Home occupations. The conduct of some business in residential units in the AG, SA, ER, RR, SR, UR, SPC, and SRPC is permitted under the provisions of this section. It is the intent of this section is to ensure the compatibility of home occupations with other uses permitted in these districts and not create a nuisance to residents from excessive noise, traffic, smoke, fire hazards, and other possible negative effects from commercial activity. Therefore, home occupations must meet the following requirements: 1. A home occupation must be clearly subordinate to the principal use of a parcel. In the AG, SA, ER, RR, SR, UR, SPC and SRPC districts, no more than 25 percent of the floor area of the dwelling unit may be used for home occupation purposes or for storage purposes in connection with a home occupation. An accessory building cannot be used in conjunction with a home occupation in the ER, RR, SR, UR, SPC, and SRPC districts. 2. In the AG and SA districts, no more than 25 percent of the dwelling nor more than 600 square feet of an accessory building may be used for home occupation purposes or for storage purposes in connection with a home occupation. 3. The home occupation is limited to employment of residents of the property plus not more than one additional person. Page 49 of 246 ---PAGE BREAK--- 4. A home occupation shall not produce objectionable noise, dust, vibrations, glare, fumes, or electrical interference detectable by normal means outside the structure. 5. A home occupation shall not constitute a fire hazard to neighboring residences. 6. No traffic shall be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off- street. 7. On premise retail sales are prohibited except for the sale of products or goods produced or fabricated on the premises as a result of the home occupation. 8. There shall be no exterior indication of the home occupation or variation from the residential character of the principal use. 67-10.3. Landscape strips. A. Frontage landscape strips. A minimum 20-foot wide landscape strip shall be provided along the full length of any street frontage of a multi-family or nonresidential development. 1. Frontage landscape strips shall contain no structures, parking areas, patios, stormwater detention facilities or any other accessory uses except for the following: a. Retaining walls or earthen berms constructed as part of an overall landscape design. b. Pedestrian-oriented facilities such as sidewalks and bus stops. c. Underground utilities. d. Driveways required in order to access the property. e. Signs otherwise permitted by this Code. Page 50 of 246 ---PAGE BREAK--- 2. One tree shall be provided within the frontage landscape strip for every 40 feet of length of street frontage, or portion thereof. Such trees may be deciduous or evergreen, but must be of a type that is suitable to local growing conditions and that will normally reach at least 12 inches at diameter breast height upon maturity. The trees may be clustered for decorative effect following professional landscaping standards spacing, location, and design. 3. All portions of a frontage landscape strip shall be planted in trees, shrubs, grass or ground cover, except for those ground areas that are mulched or covered by permitted structures. 4. Upon planting, new trees shall have a caliper of no less than two inches, and may be clustered for decorative effect following professional landscaping standards for spacing, location, and design. 5. Plant materials in the frontage landscape strip are not to extend into the street right-of-way unless specifically allowed by the public works department. B. Side yard landscape strips. A minimum five-foot wide landscape strip shall be provided along any side lot line of a nonresidential development. The landscape strip is to extend from the front principal building setback line to the rear of the property (unless a buffer is required along the side lot line). 1. Side yard landscape strips shall contain no structures, parking areas, patios, stormwater detention facilities or any other uses except for the following: a. Retaining walls or earthen berms constructed as part of an overall landscape design. b. Underground utilities. c. Driveways required to access neighboring property. 2. All portions of a side yard landscape strip shall be planted in trees, shrubs, grass or ground cover, except for those ground areas that are mulched or covered by permitted structures. Page 51 of 246 ---PAGE BREAK--- 67-10.4. Parking lot trees. Deciduous shade trees shall be provided within any parking lot designed or intended to accommodate five cars or more, in accordance with the requirements of this section. A. One deciduous shade tree shall be provided within the parking lot for every ten parking spaces, or portion thereof. Each tree shall be located within the parking lot in reasonable proximity to the spaces for which the tree was required. Trees provided to meet the minimum requirements of any landscape strip or buffer may not be toward this requirement. B. A landscaping island shall be located at the end of every parking bay between the last parking space and an adjacent travel aisle or driveway. The island shall be no less than eight-feet wide for at least one-half the length of the adjacent parking space. The island shall be planted in trees, shrubs, grass, or ground cover except for those areas that are mulched. C. Tree planting areas shall be no less than eight feet in width and shall provide at least 100 square feet of planting area per tree. No tree shall be located less than two and one-half feet from the back of curb. All parking lot landscape islands shall be curbed with minimum six-inch high vertical curbs. D. Landscaping islands and tree planting areas shall be well drained and contain suitable soil and natural irrigation characteristics for the planting materials they contain. 67-10.5. Buffers requirements. To minimize future potential conflicts between non- compatible land uses and to protect the health, safety, and general welfare, a buffer shall be required whenever two adjoining properties are in different land use districts as shown in the following Table 6-1-3. TABLE 6-1-3 A. AG Buffer requirements between livestock concentrated feeding operations and other uses. Any property located within the agriculture district, which proposes to engage in livestock concentrated feeding operations and are adjacent to Page 52 of 246 ---PAGE BREAK--- properties with residential uses, or adjacent to other certain uses; including but not limited to, recreation park or center, hospital or convalescent home will be subject to a 550 foot building or use setback. 1. Permitting. a. All permits will be obtained from the planning and development office. b. The permit will be in the individual company's name who will be owning such operation. c. Each individual obtaining such a permit shall furnish proof to the county building permit officer that such provisions of this section have been met. 2. Exemptions. Any currently existing livestock concentrated feeding operations shall be exempt from the buffer requirement. All new livestock concentrated feeding operations must comply with the buffer requirement. B. Buffer requirements between residential, commercial and industrial districts. When two adjoining properties are in different land use districts, the property within the more intensive district is required to provide the buffer type as indicated in Table 6-1-3 when acquiring a building permit unless the buffer was pre-existing. When two adjoining vacant parcels are in different land use districts as indicated in Table 6-1-3, no buffer is required when the parcel in the less intensive district acquires a building permit. Type I Buffer Requirement. The required buffer shall have not less than a 12­ foot width and shall consist of plantings, which meets the screening standards of section 67-10.5C. Type II Buffer Requirement. The required buffer shall have not less than a 30­ foot width and shall consist of plantings plus a fence, wall (not otherwise a part of a structure), or a berm, or any combination thereof, which meets the screening standards of section 67-10.5C. C. Screening standards. Screening is a method of visually shielding or obscuring one use from another by fence, walls, berms or densely planted vegetation. Page 53 of 246 ---PAGE BREAK--- Plantings. Plantings shall consist of either trees or shrubs or any combination of both. Planted areas shall be located along the abutting property lines or in areas that will be provide the best screening effectiveness. If trees or large shrubs are used solely as the screening devise, they shall be any evergreen species from the list provided by the planning and development office which, under normal growing conditions, will attain a minimum height of eight feet and a canopy spread of ten feet within four years. They shall be planted a minimum 20 feet on center as shown in the following illustration. ILLUSTRATION 1 Tall Trees If trees are used in combination with shrubs, they may be of any species from the list provided by the planning and development office. Small trees shall be planted 30 foot on center, and large trees 40 foot on center as shown in the following illustration. Shrubs shall be any evergreen species from the list provided by the planning and development office planted four feet on center as shown in the following illustration. Shrubs shall initially be of any size, which would normally attain a minimum height of six feet within three years after planting. ILLUSTRATION 2 ILLUSTRATION 3 Small Trees that will provide 90 percent visual blockage as shown in the examples provided by the planning and development office. The fence shall be placed on the edge of the buffer nearest the most intense land use. Berms. Earthen berms shall have a minimum height of six feet. D. Buffer design. All buffers required by this section shall conform to the following specifications: Page 54 of 246 ---PAGE BREAK--- 1. Prior to development, a buffer plan shall be required to show the types and locations of all plantings within a required buffer. If a site plan is required, a buffer plan shall be incorporated as part of the site development plan. 2. Landscaping within buffer areas shall be used to screen objectionable views or nuisances, such as parking and service areas, refuse containers, air conditioning units and transformers. 3. Existing on-site trees may be credited as meeting the requirements of this section if the planning and development office determines that such plant materials achieve the purposes of this section. E. Location of buffers. Buffers shall be located on the outer perimeter of a lot or parcel along all lot lines adjoining dissimilar districts including adjacent property lines, which may be separated by an existing or proposed public right­ of-way. Buffers shall not be located on any portion of existing, dedicated, or reserved public or private street right-of-way. F. Variances. The requirements of this section may be waived by the appropriate agency under any of the following conditions: 1. If it is clearly demonstrated that the existing topography and/or vegetation will achieve the purposes of this section. 2. If it is clearly demonstrated that for topographic reasons, no required screening device could possibly screen the ground level activities of the use from the first floor view of the residential structure abutting the use. 3. It is clearly demonstrated that an existing separation between adjoining properties will achieve the purposes of this section. G. Use of buffers. A buffer may be used for some forms of passive recreation such as pedestrian, bike or equestrian trails, or as a stormwater retention area provided that: 1) no planted materials shall be eliminated; and 2) the total width of the required buffer area shall be maintained. H. Maintenance. The responsibility for maintenance of buffers shall remain with the owner of the property. To preserve the intended mitigation purpose of the buffer relative to adjacent properties, regularly scheduled maintenance of the Page 55 of 246 ---PAGE BREAK--- buffer is required, including possible replacement of dead or diseased plant(s), fertilization, mowing grass, pruning, replenishing ground cover, or general care. Maintenance of planted areas shall consist of mowing, removal of litter and dead plant materials, and necessary pruning. Fences and walls shall be kept in a condition that meets the requirements of this section. I. Failure to comply with these provisions. See sections 1-11 of this chapter for enforcement and penalty provisions. J. Surety for buffer installation. When the date for issuing a certificate of occupancy does not coincide with the planting conditions that are necessary to install a required buffer, the planning and development office shall accept a letter of credit or other acceptable surety in the name of Pickens County for the buffer installation. Such surety shall be in the amount and form satisfactory to the planning and development office and shall certify the following: 1. That the creditor does guarantee funds in an amount to cover the cost of installing all buffers as estimated by the developer and approved by the planning and development office. The guaranteed amount accepted by planning and development office shall equal the actual buffer costs (plants plus installation), plus 15 percent in the event of default. 2. That in the case of failure on the part of the developer to complete the specified improvements within six months of the issue date of the credit, the creditor shall pay to Pickens County immediately and without further action such funds as are necessary to finance the completion of those improvements up to the limit of credit stated in the letter. 3. That the letter of credit or other acceptable surety may not be withdrawn or reduced in amount until released after final inspection and certification of approval of the buffer by the planning and development office. Prior to the end of the first year after the buffer installation, the planning and development office shall make an inspection and notify the owner or developer of any required replacement or restoration. 67-10.6. Junk cars and junkyards. A. Junkyards; depositing junk; characteristics of junk property. Page 56 of 246 ---PAGE BREAK--- 1. It shall be unlawful to deposit, store, keep or maintain or to permit to be deposited, stored, kept or maintained junk or trash in or on any lot, parcel or tract of land or body of water, except within a legally established junkyard. It is not the intent hereof to prohibit the deposit of trash or junk in a usual location for waste collection provided it is not or will not become a nuisance and the same will be collected by the county or a county authorized commercial waste collector. 2. Junkyards must be greater than 300 feet from the lot line of an existing abutting residential use. This does not prohibit a residential lot being located within 300 feet of an existing junkyard. No junkyard shall be established or enlarged without a permit from the county, and the permit shall not be issued until county review is completed. 3. If a junkyard fronts upon any public or private street/road, then a sight impermeable fence or wall eight feet high shall be required parallel to such street/road. 4. If the fence is a cyclone-wire type fence, then it shall have a top rail and be interwoven with wooden, metal, or plastic strips to create a solid sight impermeable barrier. If wire fencing is used, a two-foot concrete (on footing) or heavy sheet metal curb (imbedded at least two feet in the ground) shall be placed immediately adjacent to and inside such fence to prevent runoff of oil, transmission fluid and other contaminants onto adjacent properties or into adjacent waterways that may result from junking operations. 5. All gates shall be of the cyclone-wire type, interwoven with wooden, metal, or plastic slats in order to screen the interior of the yard when the gates are closed. 6. In addition, when either a fence or wall is installed as required for a junkyard, an appropriate hedge made up of native tree or plant species or other species approved by the county shall be planted outside the required walls or fences. Such tree or plant species shall be not less than four feet in height at the time of planting, shall be five feet on center, and not less than 2.5 feet from the wall or fence. In no event shall the junk or scrap be piled higher than the wall or fence unless the hedge around the entire site grows Page 57 of 246 ---PAGE BREAK--- above the wall or fence and forms a solid screen; in that event the scrap or junk may be piled up to the height of the hedge. 7. All walls, fences, interwoven material, curbs and hedges shall be continuously maintained in good condition and appearance and in such a manner that the purpose of screening and water runoff prevention is served. 8. If an existing junk or scrap yard expands the operation by enlarging the size of the affected tract or relocates to an entirely new site, then all of the requirements of this subsection shall apply to the existing or new site. If any such use shall not comply as required by this subsection, such use shall be immediately discontinued. B. Removal of abandoned property. It shall be unlawful for any Pickens County property owner/renter to accumulate and store salvageable junk materials on their own property without complying with subsection 67-10.6 and obtaining the proper permit. C. Enforcement. 1. A one-time fee of $1,000.00 is required for a permit to site a junkyard/salvage yard in Pickens County. The fee can be paid at the planning and development office. 2. Any person or entity who violates any provision of this chapter shall be given 30-days' written notice to remedy any such violation. 3. Each day any such violation continues after the 30-day written notice shall constitute a separate violation and shall be punishable by a fine of up to $1,000.00 per day for each violation. 67-10.7. Livestock animal units. Livestock animal unit: A measure, which represents a common denominator for the purposes of defining the land carrying capacity for livestock. The animal unit accounts for the carrying capacity of one acre of land and is related to the amount of feed various species consume, and the amount of waste they produce. Table 6-1­ 3(a) indicates the number of common farm species, which are permitted per acre for free-range activity. (See also the definition for Livestock, concentrated operations.) Page 58 of 246 ---PAGE BREAK--- The land use officer shall determine the acreage requirement for livestock not listed in the table. Enclosure requirement. All lands devoted to the raising and keeping of livestock shall be enclosed by a permanent type of fence, adequately constructed to house the species of livestock being raised or kept. The enclosure is required to be regularly maintained to ensure that all animals are prohibited from encroaching on abutting property or property not allocated for housing of livestock. TABLE 6-1-3(a) 67-10.8. Halfway houses—Special requirements. In compliance with O.C.G.A. 36-66-4, any such halfway house location or relocation shall require a public hearing at least six months and not more than nine months prior to the date of final action on any zoning decision (i.e. rezoning, annexation, or conditional use review). A sign posted on the subject property and a published notice shall contain a prominent statement that the proposed zoning decision relates to or will relocate a halfway house. The published notice shall be at least six column inches in size and shall not be located in the classified advertising section of the newspaper. The latter posted and published notices shall appear at least 15 days and not more than45 days prior to the date of this public hearing. The above public hearing is in addition to the public hearing that may be required nearest to making a zoning decision per the requirements of the Land Use Procedures and Standards Ordinance, Pickens County. 67-10.9. Open air businesses—Special requirements. Year-around open air businesses/flea markets/farmer's markets, and similar facilities are permitted in the NC and HB districts provided that: 1. Permanent sanitary facilities are required for patrons and shall be approved by the Pickens County Health Department or applicable authority. 2. No overnight camping on the property is permitted. 67-10.10. Extended stay facilities—Special requirements. Extended stay facilities are unique in creating a commercial facility environment, like a motel or hotel, where Page 59 of 246 ---PAGE BREAK--- overnight accommodation is provided for community visitors, yet such facilities also provide overnight accommodation to others, who may be working temporary or full- time jobs in the community or choosing such facility for residence as if it were considered a multi-family dwelling. The latter scenarios are thus residential in nature, with some units within the facility functioning and equipped as dwelling units. The following criteria thus apply: 1. The minimum lot area is not less than two acres. 2. All extended stay facilities shall have a maximum density of 60 guest units per gross acre. 3. Not more than ten percent of individual guest rooms shall have registrants who reside in, or occupy any room or rooms within the same licensed facility for more than a 90-day period. 4. No permanent business license shall be issued for the conduct of any business from any guest room, nor shall any home occupation function from such guest room. 5. Extended stay hotels/motels shall have a landscape plan submitted and approved by the county zoning administration staff, such plan shall be implemented prior to the issuance of a business license. 6. Each guest room shall be protected with a sprinkler system approved by the fire marshal or their designee and hard-wired smoke detector shall be provided and installed in each guest unit. 7. All guest rooms which have facilities for both the storage and preparation of food shall not have less than 300 square feet of floor area and are limited to a maximum of two persons per such room; however, for all such guest rooms greater than 300 square feet, one additional person shall be allowable per each additional 75 square feet of floor area up to and including a maximum of four persons. 8. An indoor or fenced outdoor active recreation areas shall be provided. The size of each recreation area shall be calculated at a ratio of five square feet per room with a minimum provision of 600 square feet. Page 60 of 246 ---PAGE BREAK--- 9. A minimum of 25 percent of the lot area shall be dedicated to either active or passive open space. The open space shall include active recreation, such as a children's playground area, and/or passive recreation, such as green space and walking paths. 10. All such extended stay facilities shall provide a 50-foot undisturbed buffer from any property zoned for multi-family residential purposes and/or a 100-foot undisturbed buffer from any property zoned for single family residential purposes. 67-10.11. Commercial outdoor firing/shooting ranges—Special requirements. Minimum undisturbed buffer of at least 500 feet shall be required along property lines adjacent to and/or abutting residential use properties and/or residential land use districts. Area where firing activity takes place shall be at least 500 feet from all property lines. Applicant shall list proposed hours of operation as part of the Conditional use application. Protective natural or artificial barriers must be provided to prevent bullets, shells, or pellets from travelling to human-occupied areas. Applicant shall provide a copy of liability insurance as part of the Conditional use application. 67-10.12. Commercial and data mining operations—Special requirements. A. Purpose. The purpose of this section is to enable the development of commercial and data mining centers and commercial server farms, to the extent possible, by minimizing the potential adverse effects on the community created therefrom and to ensure that adequate capacity is available on the applicable electrical power supply lines and substations to serve both the commercial and data mining centers and commercial server farms and to serve the other needs of the service area consistent with the normal projected local growth Page 61 of 246 ---PAGE BREAK--- envisioned by the local energy provider(s). This section shall apply to all commercial and data mining operations and commercial server farms installed, constructed, or modified after the effective thereof. B. Regulations. All commercial and data mining operations shall be designed, erected, and installed following all applicable local, state, and federal codes, regulations, and standards, including the following: 1. All principal and accessory structures used for commercial and date mining operations, in commercial and data mining centers to house commercial server farms shall be arranged, designed, and constructed to be harmonious and compatible with the site and with the surrounding properties. If prefabricated, pre-engineered or modular structures are installed, the following standards are required: a. All structures shall have concrete foundations. b. All exterior facades shall have muted earth tone colors, and shall not be defective, decayed or corroded. c. If intermodal shipping containers are utilized such installation shall comply with the requirements of the most recent edition of "Industrialized Building Rules and Bulletins of the Georgia Department of Community Affairs." 2. The commercial and data mining operations shall not cause the dissemination beyond the property lines of vibration or noise in excess of the maximum environmental noise level established by Pickens County Code of Ordinances chapter 67, section 8.11, with the specific application of those standards being specifically applicable to commercial and data mining operations within the context and scope of this section 67­ 10.12. 3. The equipment used in any commercial and data mining operations shall be housed in a metered, electrically grounded, and pre­ engineered metal-encased structure with a fire rating designed to resist an internal electrical fire for at least 30 minutes. The containment space shall Page 62 of 246 ---PAGE BREAK--- contain baffles that will automatically close in the event of fire independent of a possible electric system failure. 4. No air, dust, smoke, glare, exhaust, heat, or humidity in any form occurring due to the operations shall be perceptible at or beyond the property line. 5. ISO shipping containers or similar housing, whether horizontally combined or independent of other structures for the commercial and data mining operations, shall not be vertically combined to exceed a height greater than nine feet. 6. Each commercial and data mining center shall post a sign visible at the access entrance, which sign shall include a 24-hour emergency contact, company name if applicable, owner/representative name, telephone number, and corresponding local power company and telephone number. 7. All commercial and date mining operations shall meet the requirements of section 38-856, of article XI of this Code with regard to buffers and screening which shall be applicable to the perimeters of the building or construction footprints, except for areas of ingress and egress into the site. 8. Prior to approval of the certificate of completion or occupancy, the applicant shall provide written verification from the electrical service provider stating the following: a. Adequate capacity is available on the applicable supply lines and substation to ensure that the capacity available to serve the other needs of the service area is consistent with the normal projected load growth envisioned by the provider; b. Utility supply equipment and related electrical infrastructure are sufficiently sized and can safely accommodate the proposed use. c. The use will not cause electrical interference or fluctuations in line voltage on and off the operating premises; and d. The applicant shall provide the county with written verification that the electrical work has passed a third-party final inspection. Page 63 of 246 ---PAGE BREAK--- 9. Any commercial and data mining operations that are is not operated for a continuous period of 12 months and for which no applications are pending for permitted use of the structure at the end of such 12-month period, shall be considered abandoned, whether or not the owner or operator intends to make use of the involved commercial server farms or any components thereof. The owner of an abandoned commercial and data mining center or commercial server farm(s) and the owner of the property on which the abandoned commercial and data mining center or abandoned commercial server farm(s) are located shall be under a duty to remove all components thereof. If such components are not removed within a reasonable time, not to exceed three months, after receipt of notice from Pickens County notifying the owner(s) of such abandonment, Pickens County may remove such facilities and place a lien upon the properly for the costs of removal. Pickens County may pursue all legal remedies available to it to insure that abandoned device(s) are removed. Any delay by Pickens County in taking action shall not in any way waive its right to take action. 10. No commercial and data mining operations may be operated without an approved site plan review of the commercial and data mining center, inclusive of commercial server farms and verification by Pickens County that all requirements imposed by within this section are met. 67-10.13. Commercial solar power generation—Special requirements. A. Purpose. The purpose of this section is to enable the development of commercial solar power generation, to the extent possible, by minimizing the potential adverse effects on the community created therefrom. This section shall apply to all commercial solar power generation operations installed, constructed, or modified after the effective date thereof. B. Regulations. All commercial solar power generation facilities shall be designed, erected, and installed following all applicable local, state, and federal codes, regulations, and standards, including the following: Page 64 of 246 ---PAGE BREAK--- 1. All components of any commercial solar power generation facility shall be set back at least 50 feet from the property lines of the parcel on which the commercial solar power generation facility is located. 2. Sound barriers around all inverter and transformer skid pads shall be required for noise mitigation. 3. Equipment used for commercial solar power generation shall be screened and fenced from adjacent property to restrict unauthorized access. 4. Screening shall consist of a minimum eight-foot opaque fence with the addition of shrubbery, trees or an earthen berm. 5. As part of the conditional use application, the applicant shall demonstrate that the proposal will not have an adverse effect on neighboring properties by providing aerials of the site, graphic renderings of the project, and/or pictures from the site of surrounding parcels demonstrating sight lines. (Ord. of 5-2-2005; Res. of 8-26-2010; Res. of 8-25-2011, 14—31, 33—35; Res. of 9-15-2016, § 1; Ord. of 7-15-2024(1), III, IV) 67-10.14. Regulation of Subdivision(s) as Listed Land Uses. A. Land Uses. “Subdivision(s), as defined in Section 67-4 constitute a “land use” as also defined in Section 67-4. “Subdivision(s) include “commercial subdivision(s)” and “residential subdivision(s)”, both defined in Section 67-4. B. Applicable Land Use Treatment Standards. As listed “land uses”, subdivision(s) are subject to regulation under this Chapter and are subject to the land use treatment standards contained in Table 6-1-1 of Section 67-8: 1. Land use permissibility (automatically permitted use) - - a particular subdivision that is automatically permitted in a particular land use intensity district. 2. Land use conditional permissibility (special use) - - a particular subdivision that would otherwise be deemed to be inappropriate within a particular land use intensity district but for a decision by the Board of Commissioners granting a conditional/special use permit for a special use that imposes various conditions as the predicate for approval. Page 65 of 246 ---PAGE BREAK--- 3. Land use impermissibility (prohibited use) - - a particular subdivision that would be automatically prohibited in a particular land use intensity district. C. Criteria for recommending or approving conditionally permitted (special use) subdivision(s). In reviewing the recommendation of an application for a subdivision to be determined to be a conditionally permitted (special use) subdivision and be granted a conditional/special use, the Planning & Development Department (for recommendation purposes), the Planning Commission (for recommendation purposes), and the Board of Commissioners (for purposes of approval or denial) shall consider the following decision criteria: • Building-density implications for the surrounding area and for the broader unincorporated Pickens County. • Population-density implications for the surrounding area and for the broader unincorporated Pickens County. • Implications to emergency responses by public safety agencies within the proposed subdivision and within the surrounding area. • Consistency with, compatibility to and the impacts on nearby land uses. • Effectiveness of access to the proposed subdivision considering the anticipated volume of traffic resulting from its existence. • The impact on traffic volume, patterns and risks in the surrounding areas. • The capability of public facilities and utilities to adequately serve the proposed subdivision. • The impact on the capability of public facilities and utilities to adequately serve the surrounding areas. Page 66 of 246 ---PAGE BREAK--- • The availability of potable water for the proposed subdivision in the absence of a municipal water supply. • The impact on the availability of potable water to the surrounding areas in the absence of a municipal water supply. • The amount and location of open spaces and vegetative screening in the proposed subdivision to ensure compatibility with the surrounding areas and to preserve the aesthetical qualities of the surrounding areas. • The impact that the proposed subdivision will have on the level of property values in the surrounding areas. • The impact that the proposed subdivision will have on the public, health, welfare and quality of life in the surrounding area. • The impact that the proposed subdivision will have on the character of adjacent land uses or the general area. • The suitability of the physical conditions of the site for the proposed subdivision, including, but not limited, to its size, shape, topography and drainage. • The consistency of the proposed subdivision with the goals and objectives of the comprehensive plan. • The satisfaction of all applicable requirements of the Code, applicable Georgia law and applicable federal law. • Any other factors deemed relevant by the Planning & Development Department, the Planning Commission or the Board of Commissioners. D. Application scenarios for subdivision(s) requiring a conditional/special use permit. 1. In land use intensity districts that are currently designated for the possibility of the land use conditional permissibility for a particular subdivision for requiring a conditional/special use permit, only an Page 67 of 246 ---PAGE BREAK--- application for a that conditional/special use permit must be submitted to the Planning & Development Department for consideration by it, the Planning Commission and the Board of Commissioners. 2. In land use intensity districts that are not currently designated for the possibility of the land use conditional permissibility for a particular subdivision for requiring a conditional/special use permit, two applications must be filed with the Planning & Development Department for consideration by it, the Planning Commission and the Board of Commissioners. a. An application for the land use intensity district map change. b. An application for a conditional/special use permit. At the discretion of the applicant, the applications may be filed simultaneously or, pending the ultimate approval of the application for the change to the land use intensity district map, may be filed sequentially. E. Development plans for “commercial subdivision(s) – major” and “residential subdivisions – major”. 1. Development plans must be submitted to the Planning & Development Department with each application for a map amendment involving the potential granting of a conditional use for “commercial subdivisions – major” and “residential subdivisions- major”. 2. Development plans shall include the following information: a. A drawing containing a graphic scale, north arrow, date, acreage, and owner/developers name, address and telephone number. b. The names of adjoining property owners shall be shown in relation to the proposed development. c. The names of all streets or roadway abutting or crossing the property with width of all rights-of-way shown. d. The boundary of any flood hazard areas. Page 68 of 246 ---PAGE BREAK--- e. A detailed access plan to enter county or state right-of-way. f. A location sketch map shall be provided which shows the location of the site in relation to existing public roads, streams power transmission lines, etc. g. A detailed and scaled drawing of the location of the commercial building on the property, together with all other improvements which will not be attached to the main structure. h. A detailed and scaled drawing of all public parking spaces provided as well as access lanes for emergency vehicles. i. A detailed and scaled drawing of buffers, if buffers are required. j. Approval of the Pickens County Health Department showing site meets requirements for sewage treatment. k. Utility and drainage plans shall be provided which shall include all information necessary for the appropriate county official to determine that the water and storm drainage improvements will be made and located in accordance with County requirements, and, where applicable shall also contain soil erosion and sedimentation control measures. 3. Development plans required by this Chapter do not constitute the plats that must be submitted in the subdivision approval process set forth in Article III of Chapter 38 of the Code (“Chapter 38, Article III”) and vice versa. F. Application of article III of chapter 38 not nullified. The regulation of subdivision(s) as a land use by this Chapter shall not nullify the regulation of subdivision(s) by Article III of Chapter 38 of the Code, regarding the regulation of land development standards imposed therein, including mandated subdivision approval processes. Page 69 of 246 ---PAGE BREAK--- In any situation regarding any particular subdivision(s), both the land use regulation standards imposed by this Chapter, including land use treatment standards, and the land development regulation standards imposed by Article III of Chapter 38, including the subdivision approval processes mandated therein, must be satisfied. (Ord. of 5-22-2025, § 1(Exh. Sec. 67-11. - Nonconforming situations. 67-11.1. Nonconforming lots. A lot of record, as defined by this chapter, does not conform to the minimum lot size or minimum lot width for the use district in which it is located, or does not conform to a specific lot requirement of this chapter. Such lot may be used as a building site, provided that the access, height, buffer, setback, parking, and other dimensional requirements of the use district in which the lot of record is located are met and, provided further, that the lot meets all the current standards and requirements of the Pickens County Health Department, if applicable. 67-11.2. Expansion of nonconforming buildings and structures. A nonconforming building or structure, as defined by this chapter, may be expanded, enlarged, or extended if such expansion, enlargement, or extension is for a use that conforms to the requirements for the use district in which the building or structure it is located. Any such expansion, enlargement, or extension of a nonconforming building or structure shall meet the minimum yard, setback, buffer, height, bulk, and other dimensional requirements for the use district in which said nonconforming building or structure is located. 67-11.3. Nonconforming uses. A use of land, building, or structure which at the time of the enactment or amendment of this chapter does not comply with the provisions for the use district in which it is located, defined in this chapter as a nonconforming use, may be continued even though such use does not conform with the use provisions of the district in which said use is located, except that the use of a principal nonconforming building, structure or land shall not be: a. Changed to another nonconforming use. A change in tenancy or ownership shall not be considered a change to another nonconforming use, provided that the use itself remains unchanged. Page 70 of 246 ---PAGE BREAK--- b. Re-established after discontinuance for one year. Vacancy and/or non-use of the building, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision. If a business registration is required for said nonconforming use and the business registration pertaining to said use has lapsed in excess of six months, said lapse of business registration shall constitute discontinuance. c. Expanded, enlarged or extended, in land area or in floor space or volume of space in a building or structure, except for a use which complies with the use district in which said use is located. d. Rebuilt, altered or repaired after damage exceeding 50 percent of its replacement cost at the time of damage as determined by the building official, except for a use which conforms with the use district in which said use is located, and provided such rebuilding, alteration or repair is completed within one year of such damage. It shall be the responsibility of the owner of a nonconforming use to prove to the land use officer that such use was lawfully established and existed on the effective date of adoption or amendment of this chapter. (Ord. of 5-2-2005; Res. of 8-25-2011, § 32) Sec. 67-12. - Parking and loading. 67-12.1. Off-street parking required. Off-street automobile parking spaces shall be provided on every lot on which any building, structure, or use is hereafter established in all use districts, except as otherwise specifically exempted by this chapter. Required parking spaces shall be available for the parking of operable passenger vehicles for residents, customers, patrons, and employees, as appropriate given the subject use. 67-12.2. Location of off-street parking areas. All parking spaces required by this chapter shall be provided on the same lot with the main building or use, which it serves. Upon demonstration that the parking spaces required are not available and cannot reasonably be provided on the same lot as the building, structure or use it serves, the land use officer may permit the required parking spaces to be provided on any lot a substantial portion of which is within 400 feet of such building, structure, or use. This provision shall require submittal of evidence of ownership or valid agreement to lease the parking area off-site that is intended to be used to comply with this section. Page 71 of 246 ---PAGE BREAK--- 67-12.3. Parking plan required. Before any building or land use permit is issued, the proposed parking lot layout and area must be found by the land use officer to be in compliance with all requirements of this chapter. A parking plan for all but detached single-family uses shall be submitted for approval by the land use officer. Occupancy of the land or use of a building shall not occur until the land use officer determines that parking facilities are available in accordance with the approved plan. 67-12.4. Minimum number of parking spaces required. On each lot where a building, structure, or use exists, off-street parking shall be provided according to Table 6-1-4. No existing facility used for off-street parking shall be reduced in capacity to less than the minimum required number of spaces, or altered in design or function to less than the minimum standards. TABLE 6-1-4 67-12.5. Interpretations of parking requirements. Fractions. Where a fractional space results during the calculation of required parking, the required number of parking spaces shall be construed to be the next highest whole number. Parking space requirement not specified. Where the parking requirement for a particular use is not described in this section, and where no similar use is listed, the land use officer shall determine the number of spaces to be provided based on requirements for similar uses, location of the proposed use, the number of employees on the largest shift, the total square footage, potential customer use, and other expected demand and traffic generated by the proposed use. 67-12.6. Reduction of required parking for mixed or joint use of parking spaces. When more than one use is provided on a lot, and such uses operate more or less simultaneously, the total requirements for off-street parking spaces shall be the sum of the requirements for the various uses computed separately. The land use officer may authorize a reduction in the total number of required off-street parking spaces for two or more uses jointly providing parking facilities when their respective hours of need of maximum parking do not normally overlap, provided that the developer submits Page 72 of 246 ---PAGE BREAK--- sufficient data to demonstrate that the hours of maximum demand for parking at the respective uses do not normally overlap. The required spaces assigned to one use may not be assigned to another use at the same time, except that one-half of the parking spaces required for churches, theaters or assembly halls whose peak attendance will be at night or on Sundays may be assigned to a use which will be closed at night or on Sundays. (Ord. of 5-2-2005; Res. of 8-25-2011, § 36) Sec. 67-13. - Loading. 67-13.1. Off-street loading areas required for specified uses. On the same lot with every building, structure or part thereof, erected or occupied for manufacturing, storage, warehouse, truck freight terminal, department store, wholesale store, market, hotel, hospital, mortuary, dry cleaning plant, retail business, or other uses similarly involving the receipt or distribution of vehicles, materials or merchandise, there shall be provided and maintained adequate space for the standing, loading and unloading of such materials to avoid undue interference with public use of streets, alleys, and parking areas. 67-13.2. Loading area specifications. Unless otherwise approved by the land use officer, loading spaces shall be a minimum of 14 feet wide, 40 feet long, with 14 feet of height clearance. Said loading area shall be located to the rear of the building unless site design precludes a rear location, in which case loading shall be to the side of a building. 67-13.3. Minimum number of off-street loading spaces required. One off-street loading space shall be provided for the first 10,000 square feet of gross floor area or fractional part thereof for industrial use and one off-street loading space for the first 5,000 square feet of gross floor area or fractional part thereof for retail or other non-industrial use for which a loading space is required. One additional space shall be required for each additional 25,000 square feet of gross floor area or fractional part thereof for industrial use and for each additional 10,000 square feet of gross floor area or fractional part thereof for retail or other non-industrial use. (Ord. of 5-2-2005) Sec. 67-14. - Board of appeals. Page 73 of 246 ---PAGE BREAK--- A. Purpose. These regulations establish a board of appeals and provide a mechanism for relief in individual cases where certain dimensional requirements of this Code pose undue hardship. These regulations also provide for appeals from actions of the land use officer in the administration, enforcement and interpretation of this Code. The grant of authority and powers delegated by the governing authority is limited to the provisions herein and shall be sparingly used by the board of appeals. B. Board of appeals. A board of appeals is hereby established. Said board shall consist of five voting members, who are residents and registered voters of the county, each of whom shall serve for terms of three years without compensation. None of the members of the board of appeals shall be a member of the governing authority, but one member of the planning commission may serve on the board of appeals. The board members shall be appointed by the governing authority. If any vacancy should occur in the membership of the board for any cause, the governing authority shall fill such vacancy by making an appointment for the unexpired term. Any members of the board may be removed for due cause or upon expiration of term. C. Meetings. The board of appeals shall adopt rules of procedure as are necessary to carry out the purposes of its authority. The board shall establish a regular meeting date and time for its meetings. However, regular meetings need not be held if no business is scheduled to be heard at the meeting. All meetings shall be open to the public. The board shall appoint a secretary, who shall be the land use officer unless otherwise designated, to keep a record and minutes of its proceedings, showing the action of each board member upon each question. The board shall keep records of its examinations and other official actions, all of which shall be filed with the county clerk and which shall be public records. The land use officer shall serve as the advisor to the board, except in cases of an appeal from a decision of the land use officer. The board may recess any public hearing or meeting in order to accept additional information or to serve further notice upon such other property owners as it decides may be interested in the application or appeal; provided however, that the board shall act on all applications within 64 days of the date the initial public hearing on the matter was held. D. Authority to grant variances. The board of appeals is authorized to receive, consider, grant, grant with conditions, or deny applications for variances to the dimensional requirements of this Code, after a public hearing and after making written findings of fact that the conditions for variances specified herein have been fulfilled. In granting a variance, the board may impose such requirements and conditions with respect to the location, construction, maintenance and operation of Page 74 of 246 ---PAGE BREAK--- any use or building, in addition to those expressly set forth herein, as may be deemed necessary for the protection of adjacent properties and the public interest. However, a variance application may not be granted for consideration of a land use not otherwise allowed in a particular land use intensity district, nor for any request that proposes to increase the allowed density of any particular land use intensity district. Decisions of the board of appeals shall be final; there shall be no appeal to the governing authority or any other administrative body, but the applicant aggrieved by a decision of the board of appeals may pursue appeals directly to the Pickens County Superior Court. E. Variance applications. A request for a variance may be initiated by a property owner or his authorized agent by filing an application with the land use officer. The application shall be accompanied by a site plan, drawn to scale, showing the dimensions and arrangement of the proposed development. The land use officer may require other drawings or materials essential to an understanding of the proposed use and variance requested and its relationship to the surrounding properties. Variance applications shall be accompanied by a fee as established by the governing authority from time to time. F. Conditions and criteria for granting variances. The board of appeals, in cases where specifically authorized, may grant a variance only after consideration and adoption of findings of fact that all of the following conditions exist and criteria are met: 1. There are unusual, exceptional or extraordinary circumstances or conditions applying to the property that do not apply generally to other property in the same vicinity or use district, and such conditions are not the result of the owner's or occupant's own actions. Such conditions may include topography, unique natural conditions, surroundings of the subject property, or the size or peculiar shape of the lot. 2. As a result of such unusual circumstance or conditions, there is an unnecessary hardship or practical difficulties that render it difficult to carry out the provisions of this Code. 3. The authorization of such variance will not be materially detrimental to the public welfare or injurious to property in the vicinity or district in which property is located, and the variance will be in harmony with the general purposes and intent of the provisions of this Code. Page 75 of 246 ---PAGE BREAK--- 4. The variance approved is the minimum variance that will make possible the legal use of the land, building or structure. G. Staff investigation and report. The planning and development office shall make an investigation of all variance applications and shall prepare a report thereon, considering applicable criteria specified herein. Said investigation shall be submitted to the board of appeals. Said investigation shall also be made available to the applicant prior to any public hearing held on the matter. This provision shall not apply to appeals of administrative decisions of the planning and development office. H. Appeals of administrative decision. Any person who alleges there is an error in, or who is aggrieved by a decision of the land use officer in the administration, enforcement and interpretation of this Code, may file an appeal with the county clerk stating the grounds for such appeal. The board of appeals is hereby authorized to hear and decide said appeals, after proper application accompanied by a fee, public hearing, and adoption of relevant findings of fact. An appeal from a ruling of the land use officer shall stay all proceedings in furtherance of the action being appealed. The board may affirm, overrule or modify, in whole or in part, the rulings of the planning and development office. In cases where an appeal is granted, the board shall have all necessary powers of the land use officer and may issue building permits and land use permits, or direct the issuance of building permits and land use permits, not otherwise inconsistent with this Code and any other code, resolution, or ordinance adopted by the governing authority. I. Special exceptions. The board of appeals is empowered to hear and decide special exceptions to the terms of this chapter provided that such exceptions shall impose appropriate conditions and safe guards as needed. 1. Land use intensity district boundary interpretations. 2. Questions related to interpretation of uses or use restrictions. 3. Questions related to the existence of a nonconforming use. J. Notice of hearing. Upon the filing of any complete application for a variance with the planning and development office, or upon the filing of any complete application accompanied by a fee for appeal or special exception with the county clerk, a public hearing shall be scheduled and held on the proposed variance, appeal, or special exception. At least 30 days prior to the date set by the board of appeals for the hearing a written notice shall be published in a newspaper of general circulation in Pickens County setting forth the time, place, and purpose of the hearing. Page 76 of 246 ---PAGE BREAK--- At least 30 days' notice of the time and place of the hearing shall be sent to the applicant. In addition, the land use officer shall post, in a conspicuous place on the subject property, a sign or signs which shall contain information as to the date, time, location, and purpose of the hearing before the board, at least 15 days before the hearing. However, acts of vandalism or natural occurrences which limit the effectiveness of posting the property for public notice shall not void the proceedings or actions taken under this section. K. Action on variances or appeals or special exceptions. The board shall make findings and render a decision in writing within 32 days after the initial public hearing on the proposed variance, appeal, or special exception. The board's secretary shall notify the applicant, in writing, of its decision within five days after the board has rendered its decision. (Res. of 8-25-2011, § 38; Ord. of 3-18-2024, § Editor's note— A resolution adopted Aug. 25, 2011, renumbered the former § 67-14 as § 67-15 and enacted a new § 67-14 as set out herein. The historical notation has been retained with the amended provisions for reference purposes. Sec. 67-15. - Administration and procedures. 67-15.1. Procedures. Authority to amend. Pickens County may from time to time amend the number, shape, boundary, or area of the land use intensity district map, or it may amend any ordinance or individual section of this Code. The procedure for amending the land use intensity district map and amendment to any ordinance or section shall be as contained in the Pickens County Land Use Procedures and Standards Ordinance found in Appendix A. 67-15.2. Administration. A. Enforcement officer. The provisions of this chapter shall be administered and enforced by the land development officer who is given the authority to perform these functions. The land development officer's duties shall include receiving applications, inspecting premises, issuing building permits and certificates of occupancy for uses and structures that meet the requirements of this chapter and other duties that are authorized by the governing authority. Page 77 of 246 ---PAGE BREAK--- B. Building permit and manufactured home location permit. 1. Building permit. A building permit, to indicate and insure compliance with all provisions of this chapter, shall be required for any proposed use of lands or buildings before any improvements or grading of lands or any alteration or construction of buildings commences. 2. Manufactured home location permit. A location permit shall be required for the construction of a manufactured home stand, or the placement of a manufactured home on an individual lot. 3. Application. All applications for building permits shall be made to the planning and development office and shall be accompanied by two copies of a dimensioned site plan. C. Site plan requirements. The site plan may be required to include the following: 1. Name. Name(s) of the proposed development. Names, address(es), and phone number of the owner(s) and the designer(s) of the site plan and his seal. 2. Date. Date, north arrow, and graphic scale. 3. Survey boundaries. Surveyed boundaries of the entire tract and their relationship to adjoining properties, public rights-of-way, and easements. 4. Location map. A general location map at a scale of one inch equals 2,000 feet indicating existing zoning on or adjacent to the site, adjoining roads, and the adjacent areas are required. 5. Building locations. Location of all proposed buildings, their shape, size, and setback in appropriate scale. 6. Parking and loading. All required parking and loading facilities for non­ residential uses. 7. Right-of-way. Show the location, with and widths, and the name or purpose of all rights-of-way of streets, roads, alleys, railroads, public crosswalks, and applicable easements. Page 78 of 246 ---PAGE BREAK--- 8. Buffers. Show the location and design of the proposed buffer and landscaping for the proposed development. 9. Environmentally sensitive areas. Show the location of major river corridors, steep slopes, and elevation of the 100-year floodplain as determined by the past history of flooding or the best available data. 10. Proposed improvements. The names, where appropriate, and locations and dimensions of proposed streets, alleys, sidewalks, easements, buildings, parking and loading, dumpsters, recreation areas and facilities, yards and other open spaces 11. Adjacent developments. All other information concerning the lot or adjoining lots as may be essential to determine whether the proposed development meets the provisions of this chapter shall be included in the sketch plan. D. Issuance. If the proposed excavation, filling or construction as set forth in the application are in conformity with the provisions of this chapter, then the land development officer shall issue a building permit upon payment of the required fee. If a building permit is refused, the land development officer shall state such refusal in writing with cause. The land development officer shall not issue any permit if the land or building as proposed to be used, constructed or altered would be in violation to any provisions of this chapter or any codes and laws of Pickens County, or the state, or federal government, except as provided herein. E. Duration of permit validity. The permit shall become invalid if the work authorized by the permit is suspended or abandoned for a period of one year. F. Appeals from decisions. All questions arising in connection with the administration and enforcement of this chapter shall be presented to the board of appeals only on appeals from the decision of such official. G. Certificate of occupancy. Any tenant or owner, as applicable, is required to obtain a certificate of occupancy issued by the chief building official or his designee in advance of the occupancy or use of: 1. Any building, structure, land, or premises. Page 79 of 246 ---PAGE BREAK--- 2. Any building or structure hereafter erected or moved. 3. Any building hereafter altered, so as to affect the front, side, or rear yards thereof, or its height. 4. Any building, structure, or premises in which there is a change of occupancy or use. Within 48 hours after the application for a certificate of occupancy and payment of any required fees, the chief building official shall sign and issue a certificate of occupancy if the proposed use of land or building, as stated on the certificate of occupancy and signed by the owner or his appointed agent, is found to conform to the applicable provisions of this chapter, and if the building, as finally constructed, complies with the plans submitted for the building permit. H. Denial of certificate of occupancy. A certificate of occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this chapter, or unless the building, as finally constructed, complies with the plans upon which the building permit was issued. The chief building official shall state in writing the reasons for denying such certificate of occupancy. I. Records of applications and certificates. Records of application for all building permits, occupancy certificates with said permits, and occupancy certificates and denials shall be kept on file in the office of the chief building official and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land involved. (Ord. of 5-2-2005; Res. of 8-25-2011, 37, 39) Note— See the editor's note to § 67-14. APPENDIX A LAND USE PROCEDURES AND STANDARDS ORDINANCE PICKENS COUNTY, GEORGIA An ordinance of Pickens County, Georgia, establishing minimum procedural regulations, notice of public hearings, conduct of public hearings, standards, and factors governing the land Page 80 of 246 ---PAGE BREAK--- use power of Pickens County, Georgia, and repealing all conflicting resolutions, ordinances, and amendments thereto, and for other purposes. Section 1.0. Preamble and enactment clause. For the purpose of insuring that due process is afforded to the general public when Pickens County regulates the use of property through the exercise of land use powers, and pursuant to the authority and mandates of the Constitution of the State of Georgia of 1983, Article IX, Section II, Paragraph IV and Chapter Sixty-Six of Title Thirty-Six of the Official Code of Georgia Annotated (O.C.G.A. § 36-66-1 et seq.), Pickens County does hereby adopt, order, and enact into law this ordinance. Section 2.0. Definitions. When used in this ordinance, the following terms shall have the definitions and meaning hereafter set forth: Conditional use (special use). A use approved within a land use intensity district, generally considered compatible with the other uses allowed in the district, only after due consideration of objective criteria as applicable to the proposed conditional use. Governing authority. The sole commissioner or board of commissioners of Pickens County, as applicable, which shall have the power to act as granted by state law and this ordinance. Land use decision. The final legislative action by Pickens County, which results in: a. Adoption of a land use intensity district ordinance; b. Adoption of an amendment to a land use intensity district ordinance which changes the text of the land use intensity ordinance; c. Adoption of an amendment to a land use intensity district ordinance which changes property from one land use intensity district to another; or d. Approval of a conditional use of property. Land use intensity districts. The power of Pickens County to provide within its territorial boundaries for the districting of property for various uses and the Page 81 of 246 ---PAGE BREAK--- prohibition of other or different uses within such land use intensity districts and for the regulation of development and the improvement of real estate within such districts in accordance with the uses of property for which said land use intensity districts were established. Land Use Intensity District Ordinance. An ordinance for Pickens County establishing procedures and land use intensity districts within its territorial boundaries which regulate the uses and development standards of property within such land use intensity districts. The term also includes the land use intensity district map (as hereinafter amended) adopted in conjunction with the Land Use Intensity District Ordinance of Pickens County, which shows the land use intensity districts and the classification of property therein. Planning commission. The Pickens County Planning Commission or any other authority hereafter designated by the governing authority to participate in land use matters as authorized herein. Section 3.0. Adoption. At least one public hearing shall be held by the planning commission prior to the adoption/amendment of this Appendix A, the Land Use Intensity District Ordinance, and/or the land use intensity district map, except for any such matters initiated by the board of commissioners, in which case the public hearing may be conducted before the board of commissioners. All public hearings will comply with the terms of the Zoning Procedures Law, O.C.G.A. § 36-66-1, et seq. and the terms of this Appendix A. Section 4.0. Initiation of amendments. This Appendix A, the Land Use Intensity District Ordinance, and the land use intensity district map may be amended from time to time, subject to the following conditions: Amendments must be initiated either by the board of commissioners, the planning commission, or the property owner or the property owner's duly authorized agent. The property owner's permission is required before an application to amend the land use intensity district map can be filed by anyone other than the board of commissioners or the planning commission. Applications for amendments initiated by the property owner or the property owner's duly authorized agent shall be accompanied by payment of a filing fee as established by Pickens County by resolution from time to time. Page 82 of 246 ---PAGE BREAK--- Amendments initiated by the board of commissioners and planning commission are not subject to payment of a filing fee, or to compliance with any other procedural of this Appendix A, provided however, that the board of commissioners and the planning commission must act in accordance with the Zoning Procedures Law, O.C.G.A. § 36­ 66-1, et seq. and Sections 9.0 and 10.0. of this Appendix A. Section 5.0. Pre-application conference. Prior to the filing of any application to amend the text of this ordinance, the land use intensity district map, or any other application pursuant to this Code, applicants are encouraged to schedule and attend a pre-application conference with the land use officer. The purpose of the pre-application conference is to provide applicants with the best available information regarding development proposals and processing requirements, and to ensure the availability of complete and accurate information for review of said application. Upon request of the applicant, the land use officer shall provide the applicant with a written summary of the pre-application conference and list any specific documents, information, or other information that must be submitted to satisfy application requirements. Section 6.0. Map amendment application requirements. Each application for a map amendment or conditional use permit shall be accompanied by a legal description of the property and a survey plat of the property, a letter of intent describing the proposed use of the property, an application form supplied by the land use officer, a filing fee as specified from time to time by resolution of Pickens County, and any other information as may be required by this ordinance or as specified by the land use officer to evaluate compliance with this ordinance. Section 7.0. Complete application. Any application for action under this ordinance must be complete before it shall be accepted for processing. Upon receipt of all application materials, the land use officer shall find the application complete and schedule it for public hearing and consideration. Section 8.0. Public hearing. Within no more than 60 days after the filing of a complete application for which a hearing is required by this ordinance, a public hearing shall be held on such application(s) before the planning commission as required by and in accordance with Page 83 of 246 ---PAGE BREAK--- this ordinance, before the governing authority shall make a final land use decision on a proposed application. Section 9.0. Public hearing notice. For any proposed text amendment to this ordinance, any application for a land use intensity ordinance or map amendment, and any application for a conditional use permit, a public notice shall be published in a newspaper of general circulation in the local jurisdiction at least 15 days but not more than 45 days prior to the scheduled public hearing. Such notice shall state the purpose, location, time and date of the public hearing, the location of the property involved in the application, and the nature of said application. For map amendments, the public notice shall specifically include the current land use intensity district classification of the property and the proposed land use intensity district classification of the property. For conditional use applications, the public notice shall specifically include the proposed use of the subject property and the current land use intensity district classification of the property. Section 10.0. Public notice sign on subject property. Whenever a map amendment or an application for conditional use is proposed, the land use officer shall cause to have posted in a conspicuous place on said property one or more signs(s), each of which shall be not less than 12 square feet in area, and each of which shall contain information as to the proposed change and the date, time and location of the public hearing before the public hearing body. For map amendments, the sign or signs shall specifically include the current land use intensity district classification of the property and the proposed land use intensity district classification of the property. For conditional use applications, the sign or signs shall specifically include the proposed use of the subject property and the current land use intensity district classification of the property. No public hearing shall take place until said sign or signs have been posted for at least 15 days, but not more than 45 days prior to the schedule public hearing to which said notice applies. Section 11.0. Criteria to consider for map amendments. In reviewing, recommending, and acting upon applications, respectively, for map amendments, the land use officer, the planning commission, and the governing authority shall consider the following criteria for approval, approval with conditions, or disapproval, as appropriate: Page 84 of 246 ---PAGE BREAK--- 1. Compatibility with adjacent uses and districts. Whether the proposed land use intensity district is suitable in light of the existing uses and land use intensity districts of surrounding and nearby properties, and whether the proposal will adversely affect the existing use or usability of adjacent or nearby properties. 2. Property value. The existing value of the property contained in the petition under the existing land use intensity district classification, the extent to which the property value of the subject property is diminished by the existing land use intensity district classification, and whether the subject property has a reasonable economic use under the current land use intensity district. 3. Suitability. The suitability of the subject property under the existing land use intensity district classification, and the suitability of the subject property under the proposed land use intensity district classification of the property. 4. Vacancy and marketing. The length of time the property has been vacant or unused under the current land use intensity district classification; and any efforts taken by the property owner(s) to use the property or sell the property under the existing land use intensity district classification. 5. Evidence of need. The amount of undeveloped land in the general area affected which has the same land use intensity district classification as the map change requested. It shall be the duty of the applicant to carry the burden of proof that the proposed application promotes the public health, safety, morality or general welfare. 6. Public facilities impacts. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, schools, parks, or other public facilities and services. 7. Consistency with comprehensive plan. Whether the proposal is in conformity with the policy and intent of the locally adopted comprehensive plan. 8. Other conditions. Whether there is any other existing or changing conditions affecting the use and development of the property, which give supporting grounds for either approval or disapproval of the proposal. Section 12.0. Criteria to consider for conditional uses. Page 85 of 246 ---PAGE BREAK--- In reviewing, recommending, and acting upon applications, respectively, for conditional uses, the land use officer, the planning commission, and the governing authority shall consider the following criteria for approval with conditions, or disapproval, as appropriate: 1. Access to the site is appropriate considering the anticipated volume of traffic resulting from the use. 2. The amount and location of open space and the provision of screening is such that buffering of incompatible uses is achieved. 3. Hours and manner of operation of the proposed use are not inconsistent with the adjacent or nearby uses. 4. Public facilities and utilities are capable of adequately serving the proposed use. 5. The proposed use will not have a significant adverse effect on the level of property values or the health, safety and general welfare and character of adjacent land uses or the general area. 6. The physical conditions of the site, including size, shape, topography and drainage, are suitable for the proposed development. 7. The proposed use is consistent with the goals and objectives of the comprehensive plan. 8. Whether all pertinent and applicable requirements of this ordinance, and all applicable state and federal laws have been met. 9. Any other factors deemed relevant to the land use officer, planning commission, or the governing authority. Section 13. Staff investigation and report. The land use officer shall make an investigation of the application and shall prepare a report thereon, considering applicable criteria specified herein. Said investigation shall be submitted to the planning commission and the governing authority. Said investigation shall also be made available to the applicant prior to any public hearing Page 86 of 246 ---PAGE BREAK--- scheduled on the matter or in cases where a public hearing is not required, within a reasonable time prior to action. Section 14. Planning commission review and recommendation. The planning commission shall consider all applications to amend the text of this ordinance, applications to amend the land use intensity district ordinance and map, and applications for conditional use permits. It shall render a recommendation to the governing authority on all such applications, and the planning commission's recommendation shall be advisory only. The planning commission is delegated as the authority of Pickens County for the purpose of conducting the public hearing on all such applications and shall conduct its review in accordance with the procedures established herein. The planning commission may recommend approval, approval with conditions, or denial of the application. The land use officer shall notify the applicant in writing of the planning commission's recommendation within 30 days of the conclusion of the public hearing or within 30 days of its recommendation, if not made at the public hearing. Section 15. Procedures for conducting public hearings. This section establishes procedures which shall be applicable to the planning commission in the conduct of all public hearings. The planning commission shall follow such policies and procedures for the conduct of public hearings. Nothing contained herein shall be construed as prohibiting the planning commission from conducting the public hearing in an orderly and decorous manner to assure the public hearing on a proposed application is conducted in a fair and orderly manner, provided the minimum requirements of the Zoning Procedures Law, O.C.G.A. § 36-66-1, et seq., are met. The below rules for the conduct of the public hearing may be summarized and verbally stated by a member of the planning commission or a staff representative prior to the conduct of the first public hearing scheduled for consideration. These rules shall be public record and shall be made available at the public hearing. 1. Call of hearing. The presiding officer or authorized delegate of the planning commission shall indicate that a public hearing has been called for the consideration of said applications. Thereupon, the planning commission shall consider each application on an individual basis in the order of the published agenda or as otherwise called by the presiding officer or authorized delegate. The presiding officer may at any time accept into the record any written Page 87 of 246 ---PAGE BREAK--- comments, petitions, plats, photographs or other documentary evidence from proponents or opponents to the land use or conditional use matter being considered. 2. Report by land use officer. The presiding officer shall call upon the land use officer or other appropriate staff to make a report, if any, concerning the proposed application. The land use officer or other appropriate staff shall then give the report, if any, for said application. 3. Presentation by applicant. The presiding officer shall call on the applicant or applicant's agent who shall present and explain his application. It shall be the duty of the applicant to carry the burden of proof that the proposed application promotes the public health, safety, morality or general welfare. The applicant for a proposed land use intensity amendment or conditional use, or his attorney at law or in fact, must be present at the public hearing to present the merits of the application. Failure of an applicant or his legal representative to attend the public hearing will result in the planning commission making an unfavorable advisory recommendation on the land use or conditional use matter. 4. Determination of interested parties. Following the applicant's presentation, the presiding officer may ask for a show of hands of those persons who wish to appear in support of/or opposition to the petition. If it appears that the number of persons wishing to appear in support of/opposition to the petition is in excess of that which may reasonably be heard, the presiding officer may request that a spokesperson for the group be chosen to make presentations. Proponents and opponents of each application shall have not less than ten minutes per side to present data, evidence and opinions on the proposed application. Regardless of the amount of time each side shall be given, each side shall have the same amount of time to present with respect to the application. 5. Public testimony. Prior to speaking, each speaker will identify himself or herself by name and state his or her current address. Each speaker shall speak only to the merits or liabilities of the proposed application under consideration and shall address his or her remarks only to the planning commission. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed application under consideration. The Page 88 of 246 ---PAGE BREAK--- presiding officer may limit or refuse a speaker the right to continue, if the speaker, after first being cautioned, continues to violate these procedures. 6. Applicant's rebuttal. After public testimony, if any time remains, the applicant or applicant's agent shall be allowed a short opportunity for rebuttal and final comment. Those speaking opposition shall only be granted additional speaking opportunity if any time remains and if the presiding officer determines that new evidence was presented during rebuttal. 7. Close of public hearing. After the above procedures have been completed, the presiding officer will indicate that the public hearing is formally closed, and the public hearing shall not be reopened except upon formal vote of the planning commission; provided, however, that this provision shall not require the closure of a public hearing where at the discretion of the planning commission the hearing should be continued at a later time or date. 8. Recess of hearing. The planning commission, for any reason it deems necessary or desirable, may recess or continue a hearing. Upon recessing or continuing a hearing, the planning commission shall announce the time, date and place when the hearing or hearings will be resumed and such public announcement shall be considered sufficient notice thereof to all persons. 9. Vote. After the public hearing is closed, the planning commission may vote upon the proposed application. Prior to voting, the planning commission shall consider evidence and public testimony presented at the hearing, and the planning commission shall consider the applicable criteria specified in this Appendix A and the Land Use Intensity Districts Ordinance for said application. At such public hearings as herein required to be held by the planning commission, the planning commission at the conclusion of the public hearing, or within a specified time thereafter, may by motion, send forth to the board of commissioners a written recommendation for granting the application, granting that application with conditions, or a recommendation for denial of the application, along with a summary of the proceedings of the hearing, a recording, or transcript thereof. The recommendation shall be forwarded to the board of commissioners within 45 days after the close of the public hearing. Failure of the planning commission to send forth a timely written Page 89 of 246 ---PAGE BREAK--- recommendation shall constitute no recommendation by the planning commission as to the requested amendment or conditional use request. 10. Final approval or denial of an application. Upon receipt of the recommendation from the planning commission, the board of commissioners shall have 90 days following the receipt of the planning commission's recommendation, or the expiration of the 45 days allotted for the planning commission's recommendation if no recommendation is forthcoming, to render a final decision on the application. Failure by the board of commissioners to take action within this time period shall result in the application standing as denied. The Board of commissioners may approve, approve with conditions, or deny the application. Further, the board of commissioners may reduce the land area for which the application is made or change the land use intensity district to a land use intensity district which is no more intense than the one requested by the applicant or otherwise modify the application in its discretion in a manner that is no more intense than the one requested by the applicant. The board of commissioners may also allow the application to be withdrawn with or without prejudice. Upon making the final decision, the applicant shall be notified in writing of the decision within 30 days of the date such decision is rendered. Section 16. Withdrawal of application. Any application for an amendment to this ordinance, to amend the land use intensity district ordinance or map, or for a conditional use permit may be withdrawn at any time prior to the public hearing on said application, by the person or entity initiating such a request, upon written notice to the land use officer. No filing fee for said application will be refunded by the county in the event of such withdrawal. Section 17. Limitations on new applications. In a case where an application to amend the land use intensity district map is denied by the governing authority, the same property shall not again be eligible for consideration until a period of six months has elapsed from the date of said denial. Section 18. Special procedures for requesting amendments to the land use intensity district map involving requested changes from a higher density land use intensity district to a lower density land use intensity district: Page 90 of 246 ---PAGE BREAK--- Notwithstanding any other provision Chapter 67 or this Appendix A, this Section shall apply for any application seeking to reduce a land use intensity district to a lower land use intensity district, which shall be defined as a "Lowered Intensity Amendment," as follows: 1. Any application seeking to reduce any other land use intensity district to the land use intensity district of AG; 2. Any application seeking to reduce an I, HB, NC, SRPC, SPC, UR, SR, RR, and/or ER land use intensity district to the land use intensity district of SA; 3. Any application seeking to reduce an I, HB, NC, SRPC, SPC, UR, SR, and/or RR land use intensity district to the land use intensity district of ER; and/or 4. Any application seeking to reduce a SRPC, SPC, UR and/or SR land use intensity district to the land use intensity district of RR. Any application seeking a Lowered Intensity Amendment shall not be required to pay a filing fee. The application shall be reviewed by the Planning & Development Department, and a report shall be prepared to confirm that the application constitutes a Lowered Intensity Amendment as defined above. Upon such a confirmation, the application shall be subject to a public hearing before the Board of Commissioners in compliance with Sections 9.0 and 10.0 of this Appendix A. The Board of Commissioners shall render a final decision in accordance with Subsection 15(10) of this Appendix A. Section 19. Separability. Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be unconstitutional or invalid, such declaration shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid. (Ord. of 5-2-2005; Res. of 8-25-2011; Ord. of 3-18-2024, § II(A.—H.)) (Ord. of 5-22-2025, § 1(Exh. Chapter 67 - LAND USE REGULATION AND STANDARDS ARTICLE I. – IN GENERAL. DIVISION 1. – INTENT AND GENERAL RESPONSIBILITIES. Page 91 of 246 ---PAGE BREAK--- Sec. 67-1. – Intent. The Board of Commissioners of Pickens County, Georgia (“Board of Commissioners”), constituting the governing authority of Pickens County, hereby declares that the effective regulation of land use in the unincorporated areas of Pickens County (“Unincorporated Pickens County”) constitutes an essential element of the effective governing and policing thereof for the purpose of protecting and preserving the public’s safety, health, welfare, and quality of life in Pickens County. Through this Chapter 67 of the Code of Ordinances, Pickens County, Georgia (“Code”), the Board of Commissioners intends to ensure the most effective land use regulation possible to achieve the objectives stated in subparagraph The Board of Commissioners adopts this Chapter and will amend it from time to time in the future pursuant to O.C.G.A. § 36-1-20, and the regulation of land use within Unincorporated Pickens County shall be conducted in accordance with the standards and limitations imposed thereby. This Chapter constitutes a “zoning ordinance” as that term is defined by O.C.G.A. § 36-66-3(5), and the administration and enforcement of the provisions thereof to regulate land use shall be conducted in accordance with the standards provided by and within the limitations imposed by O.C.G.A. § 36-66-1 et seq., which is known as the “Zoning Procedures Law.” Said regulation of land use shall also be conducted pursuant to the standards provided by and within the limitations imposed by any other applicable Georgia law or by federal law. (Ord. of 5-22-2025, § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-2. - Responsibilities for administration and enforcement. The Board of Commissioners. Page 92 of 246 ---PAGE BREAK--- 1. This Chapter shall be administered and enforced within the span of control of the Board of Commissioners. 2. The Board of Commissioners shall have the power to act as is granted by Georgia law and as provided in this Chapter and shall do so in the administration thereof pursuant to the applicable provisions set forth in the various articles comprising this Chapter. The Planning Commission. The Planning Commission, as established in Division 10 of Article III of Chapter 2 of this Code, shall have the power to act as is provided in Article VI of this Chapter and shall do so in undertaking its mandated responsibilities. The Board of Appeals. The Board of Appeals shall have the power to act as is provided in Article IV of this Chapter and shall do so in undertaking its mandated responsibilities. The Pickens County Government. The Board of Commissioners hereby charges the Pickens County Government, as operating under its span of control and as functioning under the day-to-day direction of its Chairperson, with the administration of this Chapter and with the enforcement of its provisions, and thereby with the activities concerning land use regulation in Unincorporated Pickens County. 1. Within the Pickens County Government, the day-to-day administration of this Chapter and the enforcement of its provisions shall be the designated responsibility of the Planning & Development Department, as led by the Director of Planning & Development, with that position reporting to the Chairperson or to the Chairperson’s designee. 2. The Planning & Development Department, the Director of the Planning & Development Department, and any employees authorized by the Chairperson (“authorized county employees”) shall administer Page 93 of 246 ---PAGE BREAK--- and enforce the provisions of the various articles comprising this Chapter on a day-to-day operational basis. 3. The Planning & Development Department, the Director of Planning & Development, and authorized county employees shall work with the Pickens County Marshal’s Office, as provided for in Article V of Chapter 2 of this Code, which functions under the direction of the Chief County Marshal in the enforcement of the provisions of this Chapter. 4. When circumstances warrant, the Planning & Development Department, the Director of Planning & Development, and the authorized county employees therein shall also seek the advice, guidance, assistance, and/or involvement from colleague departments of the Pickens County Government, including, but not limited to, the Public Works Department, the Fire Marshal’s Office, Pickens County Fire & Rescue, and the Water Department. (Ord. of 5-22-2025, § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Secs. 67-3 67-10. - Reserved. DIVISION 2. – GENERAL APPLICABILITY. Sec. 67-11. – Geographic scope of land use regulation. This Chapter shall be applicable to the regulation of land use in Unincorporated Pickens County. (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-12. – Land uses regulated. A “land use” as regulated pursuant to this Chapter shall constitute: 1. Any purpose for which a building, a structure, a tract, parcel, lot, or other area of land is being utilized at a particular point in time and/or Page 94 of 246 ---PAGE BREAK--- 2. Any process, activity, occupation, business, or operation being carried on at a particular point in time – in a building or structure or on any tract, parcel, lot, or other area of land. (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-13. – Compliance with this chapter required. No land use defined in Section 67-12 shall be conducted in any land use district unless conducted in full compliance with the provisions of this Chapter. Pursuant to Section 67-175 of this Chapter, a particular land use in a subject land use district shall either be: 1. A “Permissible Land Use”, which is permitted-by-right. A Permissible Land Use may include a “Conditional Land Use Reclassification”, as provided for in Section 67-175(b)2. 2. A “Specially Permitted Land Use”, as described in Section 67-175(c), which is granted at the sole discretion of the Board of Commissioners by the issuance of a Special Use Permit to an applicant therefor. 3. A “Prohibited Use.” Subsections and of this Section shall not restrict any lawful grandfathered nonconformities pursuant to Division 4 of Article III of this Chapter. (Ord. of 5-22-2025, § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-14. – Violations. Violations of any provision of this Chapter shall be fully subject to the applicable provisions of Division 2 of Article V of this Chapter and to the applicable provisions of Chapter 1 of this Code. (Ord. of 8-18-2025 § 1 (Exh. Page 95 of 246 ---PAGE BREAK--- Sec. 67-15. – Responsibility for expenditures necessary for compliance. All expenditures required to comply with any provision of this Chapter and/or with any determination, order, or similar action taken by the Pickens County Government, shall be the obligation of any applicable “responsible person(s).” 1. “Responsible person(s)” shall mean any person that constitutes an applicable owner, agent of an owner, or any other person that is otherwise responsible for any land use subject to regulation pursuant to this Chapter. 2. The term “person” means any individual, corporation, business trust, estate, trust, partnership, association, joint venture, utility, cooperative, or other legal or commercial entity. The Pickens County Government, its elected officials, officers, employees or agents shall not be responsible for such expenditures under any circumstances. (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-16. – Private agreements. This Chapter shall not supersede, negate, impair, or otherwise affect any valid deed restriction, covenant, easement or other private agreement to the extent that such private agreement is more restrictive than the applicable provisions of this Chapter and/or imposes a standard not addressed in this Chapter. The Pickens County Government shall not enforce any private agreement referenced in Subsection of this Section under any circumstances. The provisions of this Chapter shall govern situations in which such provisions impose more stringent restrictions upon the involved use of land, buildings or structures than do any applicable private agreements. (Ord. of 8-18-2025 § 1 (Exh. Page 96 of 246 ---PAGE BREAK--- Sec. 67-17. – Definitions. The definitions of various words and phrases that are utilized in this Chapter are set forth in the applicable substantive provisions of the various articles of this Chapter and/or in Article VII, “Glossary of Terms.” Should the definition of a particular word or phrase be set forth in both Article VII and in any other article of this Chapter and should there be any conflict or ambiguity between the respective definitions, the definition provided in the other article shall prevail over the definition provided in Article VII. Any word or phrase used in this Chapter which is not defined in conjunction with Subsection of this Section shall have its customary dictionary definition when such meaning is consistent with the context of usage in this Chapter. When used throughout this Chapter, the terms tract, parcel, lot, or area of land may be utilized in combination to reference a discernable portion of land subject to regulation by its provisions. Each such term may also be used individually to refer to a discernable portion of land subject to regulation by this Chapter, and each shall respectively have the identical meaning as the other terms in that regard, unless the context of a particular provision clearly dictates otherwise. When used throughout this Chapter, the term “road” shall mean a right­ of-way for vehicular traffic whether designated as a street, highway, thoroughfare, parkway, road, avenue, drive, expressway, boulevard, lane, place, circle, alley or by a similar designation. 1. The term “public road” shall mean a road which is part of the Pickens County Road System due to designation by resolution of the Board of Commissioners pursuant to O.C.G.A. § 32-4-40. 2. The term “private road” shall mean a road which is not part of the Pickens County Road System. Page 97 of 246 ---PAGE BREAK--- (Ord. of 8-18-2025 § 1 (Exh. Secs. 67-18 67-30. - Reserved. DIVISION 3. – LEGAL STATUS PROVISIONS. Sec. 67-31. – Severability. The articles, divisions, sections, paragraphs, sentences, clauses, and phrases of this Chapter are severable, and if any article, division, section, paragraph, sentence, clause, or phrase of this Chapter shall be declared unconstitutional, invalid, or otherwise unenforceable by a valid judgment or decree of any court of competent jurisdiction, then such declaration of unconstitutionality, invalidity, or unenforceability shall not affect any remaining articles, divisions, sections, paragraphs, sentences, clauses, and phrases of this Chapter, because the remaining articles, divisions, sections, paragraphs, sentences, clauses and phrases would have been enacted by the Board of Commissioners without the incorporation of the unconstitutional, invalid, or unenforceable article, division, section, paragraph, sentence, clause, or phrase. (Ord. of 5-22-2025, § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-32. – Conflict with federal and/or state law. If any part of this Chapter is found to be in conflict with federal law and/or Georgia law, the higher or highest standard shall prevail. (Ord. of 5-22-2025, § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-33. – Prohibition. Any part of this Chapter that is deemed to be explicitly prohibited by federal law or Georgia law shall not be enforced. (Ord. of 5-22-2025, § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-34. – Liability. Page 98 of 246 ---PAGE BREAK--- Compliance with the provisions of this Chapter by any person shall not relieve that person from the responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the Pickens County Government, its elected officials, officers, employees or agents. (Ord. of 8-18-2025 § 1 (Exh. Secs. 67-35 – 67-40. - Reserved. ARTICLE II. – THE OFFICIAL MAP OF LAND USE DISTRICTS IN UNINCORPORATED PICKENS COUNTY, GEORGIA, AND LAND USE DISTRICTS DIVISION I. THE OFFICIAL MAP OF LAND USE DISTRICTS IN UNINCORPORATED PICKENS COUNTY, GEORGIA Sec. 67-41. – Purpose. The Official Map of the Land Use Districts of Pickens County, Georgia (“Official Land Use Map”), as it may be amended from time to time by the Board of Commissioners, shall set forth the location and boundaries of the various land use districts instituted by this Chapter. The land use districts that comprise the Official Land Use Map are instituted by and set forth in Division 2 of this Article and are described in Division 3. (Ord. of 5-2-2005); (Ord. of 1-21-2016(1)), (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-42. – Adoption. The Official Land Use Map is hereby adopted and made part of this Chapter. The Official Land Use Map shall be signed by the Chairperson and shall be attested by the County Clerk. Page 99 of 246 ---PAGE BREAK--- A certified copy of the Official Land Use Map as originally adopted, and as officially amended from time to time by action of the Board of Commissioners, shall be: 1. Kept on record in the office of the County Clerk. 2. Kept and made available by the Planning & Development Department. The Official Land Use Map may be maintained by the Planning & Development Department in an electronic format from which printed copies can be made. (Ord. of 5-2-2005); (Ord. of 1-21-2016(1)), (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-43. – Amendments. The Board of Commissioners shall have the sole and exclusive power to amend the Official Land Use Map. The Board of Commissioners shall amend the Official Land Use Map in accordance with the provisions of Article VI of this Chapter. (Ord. of 5-2-2005); (Ord. of 1-21-2016(1), (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-44. – Rules governing boundaries. In general. The boundaries of the land use districts as shown on the Official Land Use Map shall be determined on the basis of: 1. The legal descriptions or boundary surveys associated with approved applications for changes to the designation of land use districts or 2. Lacking such legal descriptions or boundary surveys, the location of the boundary as depicted on the Official Land Use Map, along with any dimensions shown. Page 100 of 246 ---PAGE BREAK--- Addressing uncertainty. Where uncertainty exists with respect to the boundaries of any land use district as shown on the Official Land Use Map, the following rules shall apply: 1. Where district boundaries are indicated as approximately following the centerlines of streets or highways, street lines, or highway right­ of-way lines, or such lines extended, such centerlines, street lines, or highway right-of-way lines shall be construed to be such boundaries. 2. Where district boundaries are so indicated that they approximately follow lot lines, such lot lines shall be construed to be said boundaries. 3. Where district boundaries are so indicated that they are approximately parallel to the centerlines of streets or highways, or rights-of-way of same, such district boundaries shall be construed as being parallel thereto, and at such distance there from, as indicated on the Official Land Use Map. If no distance is given, such dimension shall be determined by the use of the scale shown on the Official Land Use Map. (Ord. of 5-2-2005), (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-45. – Prohibited actions. The action of any person that constitutes a usurpation or an attempted usurpation of the sole and exclusive power of the Board of Commissioners to amend the Official Land Use Map as set forth in Section 67-43 shall be prohibited. The depiction by any person using any medium of any image that is not the Official Land Use Map or is not a land use district contained therein, that nevertheless is purported by such person to be either of such shall be prohibited. The use by any person of any false portrayal of the Official Land Use Map or of a land use district set forth therein referenced in Subsection of this Section in an attempt to obtain the issuance of any license, permit, Page 101 of 246 ---PAGE BREAK--- certificate or other approval from the Pickens County Government shall be prohibited. The solicitation of any person by any other person to conduct any act prohibited by Subsections or of this Section shall be prohibited. Any solicitation referenced in Subsection of this Section shall not negate the obligation of the person being solicited from complying with Subsections or (Ord. of 8-18-2025 § 1 (Exh. Secs. 67-46 – 67-70. - Reserved. DIVISION 2. PURPOSE OF AND INSTITUTION OF LAND USE DISTRICTS Sec. 67-71. – Purpose. The land use districts which are the subject of this Division are contained in the Official Land Use Map adopted by and addressed in Division 1 of this Article. “Land use districts” shall be designated areas of land within Unincorporated Pickens County respectively in which various land uses are subjected to applicable land use and dimensional regulatory standards. A “land use” as regulated pursuant to this Chapter shall constitute: 1. Any purpose for which a building, a structure, a tract, parcel, lot, or other area of land is being utilized at a particular point in time and/or 2. Any process, activity, occupation, business, or operation being carried on at a particular point in time – in a building or structure or on any tract, parcel, lot, or other area of land. Page 102 of 246 ---PAGE BREAK--- The land use districts instituted in Section 67-72 of this Division are intended to: 1. Promote the orderly future development of Unincorporated Pickens County in order to protect and preserve the public’s safety, health, welfare, and quality of life therein. 2. Deter land uses which would cause widespread and sizable pockets of areas containing high-building density and high-population density in Unincorporated Pickens County. 3. Deter land uses which would cause residential, commercial and industrial development in Unincorporated Pickens County possessing a scale and location and being of nature which would unduly create excessive public-services obligations and capital and operating expenditures. 4. Deter land uses which would impede the timely and effective emergency responses by the Pickens County Sheriff’s Office, Pickens County Fire & Rescue, and other public safety agencies. 5. Deter uses which would, because of their scale, location, and nature, generate an abnormal amount of traffic. 6. Encourage desirable growth in residential, commercial, and industrial development in Unincorporated Pickens County that is not inconsistent with Clauses 1-5 of this Subsection. 7. More effectively enable a mix of institutional land uses that serve the public, educational institutions, and governmental functions. 8. Encourage desirable growth in residential, commercial, and industrial development in Unincorporated Pickens County that would be in accordance with the prevailing Pickens County Joint Comprehensive Plan. (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-72. – Institution of land use districts. Page 103 of 246 ---PAGE BREAK--- Unincorporated Pickens County shall be divided into and comprised of the following land use districts which are hereby instituted and shall be applicably set forth in the Official Land Use Map as adopted, amended and maintained pursuant to Division 1 of this Article: 1. Agriculture Land Use District The AG land use district is hereby retained and instituted as a land use district by the action of the Board of Commissioners on August 18, 2025, by way of Ord. of 8-18-2025 § 1 (Exh. 2. Small Agriculture Land Use District The SA land use district is hereby retained and instituted as a land use district by the action of the Board of Commissioners on August 18, 2025, by way of Ord. of 8-18-2025 § 1 (Exh. 3. Estate Residential Land Use District The ER land use district is hereby retained and instituted as a land use district by the action of the Board of Commissioners on August 18, 2025, by way of Ord. of 8-18-2025 § 1 (Exh. 4. Rural Residential Land Use District The RR land use district is hereby retained and instituted as a land use district by the action of the Board of Commissioners on August 18, 2025, by way of Ord. of 8-18-2025 § 1 (Exh. 5. Suburban Residential Land Use District a. The SR land use district is hereby eliminated as a land use district for future expansion in the Official Land Use Map by the action of the Board of Commissioners on August 18, 2025, by way of Ord. of 8-18-2025 § 1 (Exh. b. Land uses conducted within the existing SR land use district as of August 18, 2025, are subject to the various regulatory standards and requirements imposed by the Chapter. Page 104 of 246 ---PAGE BREAK--- c. The existing SR land use district as of August 18, 2025, may be reduced in size by having specific portions thereof designated as a lower density land use district pursuant to applicable provisions of this Chapter. 6. Urban Residential Land Use District a. Land use conducted within the UR land use district was eliminated as a land use district for future expansion on the Official Land Use Map by the action of the Board of Commissioners on May 22, 2025, by way of Ord. of 5-22-2025, § 1 (Exh. b. The existing UR land use district as of August 18, 2025, are subject to the various regulatory standards and requirements imposed by this Chapter. c. The existing UR land use district as of May 22, 2025, may be reduced in size by having specific portions thereof designated as a lower density land use district pursuant to applicable provisions of this Chapter. 7. Special Planned Community Land Use District The SPC land use district is hereby retained and instituted as a land use district by the action of the Board of Commissioners on August 18, 2025, by way of Ord. of 8-18-2025 § 1 (Exh. 8. Suburban Residential Private Community Land Use District (“SRPC.”) The SRPC land use district is hereby retained and instituted as a land use district by the action of the Board of Commissioners on August 18, 2025, by way of Ord. of 8-18-2025 § 1 (Exh. 9. Rural Business Land Use District Page 105 of 246 ---PAGE BREAK--- The RB land use district is hereby instituted as a new land use district by the action of the Board of Commissioners on August 18, 2025, by way of Ord. of 8-18-2025 § 1 (Exh. 10. Neighborhood Commercial District The NC land use district is hereby retained and instituted as a land use district by the action of the Board of Commissioners on August 18, 2025, by way of Ord. of 8-18-2025 § 1 (Exh. 11. Highway Business Land Use District The HB land use district is hereby retained and instituted as a land use district by the action of the Board of Commissioners on August 18, 2025, by way of Ord. of 8-18-2025 § 1 (Exh. 12. Industrial Land Use District The IND land use district is hereby retained and instituted as a land use district by the action of the Board of Commissioners on August 18, 2025, by way of Ord. of 8-18-2025 § 1 (Exh. 13. Institutional Land Use District (“INST.”) The INST land use district is hereby instituted as a new land use district by the action of the Board of Commissioners on August 18, 2025, by way of Ord. of 8-18-2025 § 1 (Exh. Restriction to one land use district. 1. A single tract, parcel, lot, or other area of land in Unincorporated Pickens County shall not be located in more than one land use district. 2. The false portrayal or an attempted false portrayal by any person for any purpose by any means of a single tract, parcel, lot, or other area of land as being located in more than one land use district shall be prohibited. Page 106 of 246 ---PAGE BREAK--- 3. Any single tract, parcel, lot, or other area of land that has previously incorporated into the Official Land Use Map with a false designation of being located in more than one land use district shall be deemed to be located in the lowest designated land use district of the two or more previously and falsely designated land use districts in question, and the Official Land Use Map shall be corrected accordingly by action of the Board of Commissioners. (Ord. of 5-2-2005); (Res. of 8-26-2010); (Res. of 8-25-2011, 3—12); (Res. of 9-20-2012); (Res. of 9-15-2016, § (Ord. of 7-15-2024, § II), (Ord. of 8-18­ 2025 § 1 (Exh. Sec. 67-73. – Description and uses. A description of each land use district is set forth in Division 3 of this Article. The permissible land uses, specially permitted land uses, and prohibited land uses for each land use district, are set forth in the Land Use Table (Table 6-1-1) set forth in Section 67-301 of Division 5 of Article III. The dimensional requirements imposed for each land use district are set forth in the Dimensional Requirements Table (Table 6-1-2) set forth in Section 67-321 of Division 6 of Article III. (Ord. of 8-18-2025 § 1 (Exh. Secs. 67-74 67-100. - Reserved. DIVISION 3. DESCRIPTION OF LAND USE DISTRICTS. Sec. 67-101. – Agricultural land use district Purpose and intent. 1. The AG land use district serves the purpose of: Page 107 of 246 ---PAGE BREAK--- a. Maintaining the agricultural and forest land resources of Unincorporated Pickens County in a form amenable to the continuation of agriculture. b. Restricting the division of agricultural and forest land in Unincorporated Pickens County to prevent its fragmentation into small parcels. c. Avoiding the accelerated conversion of agricultural and forest land in Unincorporated Pickens County to residential development and industrial land uses. d. Discouraging the shift of the real estate market in Unincorporated Pickens County from one that encourages agricultural and rural uses to one that discourages those preferred uses. 2. The AG land use district allows a minimum size of ten (10) acres for a tract, parcel, lot, or other area of land with a single-family detached home per tract, parcel, lot, or other area of land, plus customary accessory land uses. Permissible uses, specially permitted uses and prohibited uses. The Permissible Uses, Specially Permitted Uses and Prohibited Uses for the AG land use district are set forth in the Land Use Table (Table 6-1-1) set forth in Section 67-301 of Division 5 of Article III. Dimensional requirements. The dimensional requirements for the AG land use district are set forth in the Dimensional Requirements Table (Table 6-1-2) set forth in Section 67­ 321 of Division 6 of Article III. Retention and institution as a land use district. The AG land use district is retained and instituted as a land use district by the action of the Board of Commissioners on August 18, 2025, by way of Ord. of 8-18-2025 § 1 (Exh. Page 108 of 246 ---PAGE BREAK--- Intra-family land transfers. 1. Intent a. It is the intent of this Subsection to provide for the transfer of land within an AG land use district to immediate family members for their primary residence in accordance with the density, technical standards, and other requirements set forth herein. For purposes of this Subsection, the term “transfer” means the conveyance of a particular “child parcel” subsequent to the preceding subdivision of the corresponding “parent parcel.” b. This Subsection is intended to enable property owners to convey lands to lineal heirs by providing for an exception to the density assigned to the parent parcel, where such divisions create sizes of tracts, parcels, lots, or other areas of land that are otherwise prohibited in AG. c. Intra-family land transfers shall be permitted only in the AG land use district and shall be prohibited in all other land use districts. 2. Applications for Intra-family land transfers. a. Applications for intra-family land transfers shall be filed with the Planning & Development Department. b. The applicant shall submit three certified boundary surveys/plat maps showing all proposed division of the property, ingress and egress, easements for utilities, tie-ins to a public road right-of-way, and metes and bounds description of each tract. 3. Eligible recipients. Eligible recipients (that is, grantees) shall be limited to a grandparent, parent, stepparent, child, stepchild, adopted child, or grandchild of the person conveying the tract, parcel, lot, or other area of land (that is, the grantor.) Page 109 of 246 ---PAGE BREAK--- 4. Prohibited on certain transfers. a. Intra-family land transfers are prohibited with regard to any tract, parcel, lot, or other area of land in a recorded subdivision. b. Intra-family land transfers are prohibited with regard to any tract, parcel, lot, or other area of land located on a private easement less than sixty feet (60 ft) in width and serves two or more unrelated landowners. 5. Restrictions on post-conveyance sizes of tracts, parcels, lots, or other areas of land. a. The remaining parent tract, parcel, lot, or other area of land shall be of a conforming size of ten (10) acres or more. b. The minimum size of any child tract, parcel, lot, or other area of land shall be three acres. 6. Restrictions of future additional density exceptions. No tract, parcel, lot, or other area of land created by this exception process may receive additional density exceptions for future of the grantee, nor future owners of the parcel. 7. Platting requirements. a. A plat (survey), prepared on an 11-inch by 17-inch sheet at an acceptable scale by a licensed surveyor or engineer, shall be prepared showing the relationship of the parcels transferred to the un-platted lands of the grantee, all easements for utilities, egress and ingress and their relation to a public road right-of-way, and shall include a legal description by fractional calls and/or metes and bounds for each of the tracts, parcels, lots, or other areas of land created. b. Every tract, parcel, lot, or other area of land must have a permanent access for ingress and egress and shall be provided by Page 110 of 246 ---PAGE BREAK--- a road built to county standards, or in special cases a nonexclusive easement. c. No road or easement created may be less than sixty feet (60 ft) wide for the purpose of ingress and egress. d. Utility easements shall be a minimum of ten feet (10 ft) wide, in addition to any required minimum roadway or egress and ingress easement. e. Any roads constructed must meet the minimum requirements of the Public Works Department for roads that are designated as part of the Pickens County Road System pursuant to O.C.G.A. § 32-4­ 40. f. Private roads that have not previously been designated as part of the Pickens County Road System shall not be designated to be a part thereof regardless of the type of construction, as long as the property is located in an AG land use district. g. All plats or surveys containing constructed roads shall provide construction plans that have been approved by the appropriate water management district for drainage. h. Prior to application for building permits, all roads and easements created for ingress and egress must be surveyed out, cleared, and stabilized to provide a durable surface for the passage of a two- wheel drive vehicle. i. Any road, easement, or driveway that ties in or connects to a public road or right-of-way will require a permit that will require the driveway or turnout from a private road or easement to be constructed to county specifications. 8. Additional technical requirements. Other than density requirements, the subdivision of land to enable conveyances of child parcels, the conveyance of child parcels, and Page 111 of 246 ---PAGE BREAK--- the post-conveyance use of child parcels, pursuant to this Subsection shall meet all applicable land use standards set forth in this Chapter 67. The subdivision of land to enable conveyances of child parcels pursuant to this Subsection shall meet all applicable land development standards set forth in Chapter 38 of this Code. 9. Deed recording requirements. a. Deeds with an attached plat map shall be recorded prior to the issuance of a building permit by the Planning & Development Department. b. Such deeds shall include language giving notice that the subdivision of land is in accordance with the intra-family land transfer and of the prohibition of additional density conveyance set forth in Clause 10 of this Subsection. c. The recording of the deeds or plat map of any tract, parcel, lot, or other area of land created pursuant to these regulations shall not be allowed until such time as the Chairperson of the Board of Commissioners or the Planning & Development Department has approved such plat. 10. Restrictions on conveyances succeeding an intra-family land transfer. a. This Subsection shall only be applicable to one transfer by a particular grantor to a particular grantee. b. Any child tract, parcel, lot, or other area of land shall remain in the ownership of the corresponding grantee for a period of time of at least five years from the date of the initial intra-family land transfers creating such parcel, unless a variance permitting a transfer thereof is granted pursuant to the provisions of Article IV of this Chapter. Page 112 of 246 ---PAGE BREAK--- (Ord. of 5-2-2005); (Res. of 8-26-2010); (Res. of 8-25-2011, 3—12); (Res. of 9-20-2012); (Res. of 9-15-2016, § (Ord. of 7-15-2024, § II), (Ord. of 8-18­ 2025 § 1 (Exh. Sec. 67-102. – Small agricultural land use district Purpose and intent. 1. This low-density land use district is designed to promote rural ambience. 2. The SA land use district is intended to create opportunities for mini- farms and other small-scale agricultural endeavors where the rural lifestyle of Unincorporated Pickens County is maintained and encouraged, albeit at a smaller scale. 3. The SA land use district allows a minimum size of five acres, with a single-family detached home per tract, parcel, lot, or other area of land, plus customary accessory land uses. 4. The SA land use district provides limited agriculture and forestry opportunities and can be mixed with animals held for personal enjoyment. Permissible uses, specially permitted uses and prohibited uses. The Permissible Uses, Specially Permitted Uses and Prohibited Uses for the SA land use district are set forth in the Land Use Table (Table 6-1-1) set forth in Section 67-301 of Division 5 of Article III. Dimensional requirements. The dimensional requirements for the SA land use district are set forth in the Dimensional Requirements Table (Table 6-1-2) set forth in Section 67­ 321 of Division 6 of Article III. Retention and institution as a land use district. Page 113 of 246 ---PAGE BREAK--- The SA land use district is retained and instituted as a land use district by the action of the Board of Commissioners on August 18, 2025, by way of Ord. of 8-18-2025 § 1 (Exh. (Ord. of 5-2-2005); (Res. of 8-26-2010); (Res. of 8-25-2011, 3—12); (Res. of 9-20-2012); (Res. of 9-15-2016, § (Ord. of 7-15-2024, § II), (Ord. of 8-18­ 2025 § 1 (Exh. Sec. 67-103. – Estate residential land use district Purpose and intent. 1. This low-density land use district is designed to promote rural ambience. 2. The ER land use district allows a minimum size of three acres, with a single-family detached home per tract, parcel, lot, or other area of land, plus customary accessory land uses to preserve a more rural environment. 3. In the ER land use district, streets providing access to tracts, parcels, lots, or other areas of land do not require curb-and-gutter designs. Permissible uses, specially permitted uses and prohibited uses. The Permissible Uses, Specially Permitted Uses and Prohibited Uses for the ER land use district are set forth in the Land Use Table (Table 6-1-1) set forth in Section 67-301 of Division 5 of Article III. Dimensional requirements. The dimensional requirements for the SA land use district are set forth in the Dimensional Requirements Table (Table 6-1-2) set forth in Section 67­ 321 of Division 6 of Article III. Retention and institution as a land use district. Page 114 of 246 ---PAGE BREAK--- The ER land use district is retained and instituted as a land use district by the action of the Board of Commissioners on August 18, 2025, by way of Ord. of 8-18-2025 § 1 (Exh. (Ord. of 5-2-2005); (Res. of 8-26-2010); (Res. of 8-25-2011, 3—12); (Res. of 9-20-2012); (Res. of 9-15-2016, § (Ord. of 7-15-2024, § II), (Ord. of 8-18­ 2025 § 1 (Exh. Sec. 67-104. – Rural residential land use district Purpose and intent. 1. The RR land use district is intended to provide for low-density residential areas consisting of detached single-family dwellings surrounded by yards that provide a desirable and healthy environment. 2. A minimum size of one unit per one and one-half (1.5) acres with a single-family detached home per tract, parcel, lot, or other area of land is required for the RR land use district. Permissible uses, specially permitted uses and prohibited uses. The Permissible Uses, Specially Permitted Uses and Prohibited Uses for the RR land use district are set forth in the Land Use Table (Table 6-1-1) set forth in Section 67-301 of Division 5 of Article III. Dimensional requirements. The dimensional requirements for the RR land use district are set forth in the Dimensional Requirements Table (Table 6-1-2) set forth in Section 67­ 321 of Division 6 of Article III. Retention and institution as a land use district. The RR land use district is retained and instituted as a land use district by the action of the Board of Commissioners on August 18, 2025, by way of Ord. of 8-18-2025 § 1 (Exh. Page 115 of 246 ---PAGE BREAK--- (Ord. of 5-2-2005); (Res. of 8-26-2010); (Res. of 8-25-2011, 3—12); (Res. of 9-20-2012); (Res. of 9-15-2016, § (Ord. of 7-15-2024, § II), (Ord. of 8-18­ 2025 § 1 (Exh. Sec. 67-105. – Suburban residential land use district Purpose and intent. 1. The SR land use district was intended to provide for moderate density residential areas surrounded by yards that provide a desirable and healthy environment. 2. The SR land use district requires a minimum size of one acre per tract, parcel, lot, or other area of land. Permissible uses, specially permitted uses and prohibited uses. The Permissible Uses, Specially Permitted Uses and Prohibited Uses for the SR land use district are set forth in the Land Use Table (Table 6-1-1) set forth in Section 67-301 of Division 5 of Article III. Dimensional requirements. The dimensional requirements for the SR land use district are set forth in the Dimensional Requirements Table (Table 6-1-2) set forth in Section 67­ 321 of Division 6 of Article III. Elimination as a land use district for future expansion. 1. The SR land use district is eliminated as a land use district for future expansion by the action of the Board of Commissioners on August 18, 2025, by way of Ord. of 8-18-2025 § 1 (Exh. 2. Land uses conducted within the existing SR land use district as of August 18, 2025, are subject to the various regulatory standards and requirements imposed by this Chapter. 3. The existing SR land use district as of August 18, 2025, may be reduced in size by having a specific portion or portions thereof Page 116 of 246 ---PAGE BREAK--- designated as a lower density land use district pursuant to applicable provisions of this Chapter. (Ord. of 5-2-2005); (Res. of 8-26-2010); (Res. of 8-25-2011, 3—12); (Res. of 9-20-2012); (Res. of 9-15-2016, § (Ord. of 7-15-2024, § II), (Ord. of 8-18­ 2025 § 1 (Exh. Sec. 67-106. – Urban residential land use district Purpose and intent. 1. The UR land use district was intended to provide urban residential living with a relatively low level of density relative to the typical urban environment. 2. The UR land use district requires a minimum size of 0.75 acres per tract, parcel, lot, or other area of land. 3. The UR land use district was intended to be served by sanitary sewer and public water. Permissible uses, specially permitted uses, and prohibited uses. The Permissible Uses, Specially Permitted Uses and Prohibited Uses for the UR land use district are set forth in the Land Use Table (Table 6-1-1) set forth in Section 67-301 of Division 5 of Article III. Dimensional requirements. The dimensional requirements for the UR land use district are set forth in the Dimensional Requirements Table (Table 6-1-2) set forth in Section 67­ 321 of Division 6 of Article III. Elimination as a land use district for future expansion. 1. The UR land use district was eliminated as a land use district for future expansion by the action of the Board of Commissioners on May 22, 2025, by way of Ord. of 5-22-2025, § 1 (Exh. Page 117 of 246 ---PAGE BREAK--- 2. Land uses conducted within the existing UR land use district as of May 22, 2025, are subject to the various regulatory standards and requirements imposed by this Chapter. 3. The existing UR land use district as of May 22, 2025, may be reduced in size by having specific portions thereof designated as a lower density land use district pursuant to applicable provisions of this Chapter. (Ord. of 5-2-2005); (Res. of 8-26-2010); (Res. of 8-25-2011, 3—12); (Res. of 9-20-2012); (Res. of 9-15-2016, § (Ord. of 7-15-2024, § II), (Ord. of 5-22-25 § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-107. – Special planned community land use district Purpose and intent. 1. The SPC land use district allows planned communities to be developed on a smaller scale than those designed in the Suburban Residential Private Community Districts addressed in Section 67-108 of this Division. 2. The SPC land use district may contain a mix of residential dwelling types. Requirements as to dimensions, density, access, maintenance of common property and land uses. 1. The SPC land use district shall have a minimum tract size of one- hundred-fifty (150) acres to qualify for consideration. 2. The maximum density in the SPC land use district is six dwelling units per acre. 3. Access to the SPC land use district must be on paved roadways meeting the roadway standards imposed by the Pickens County Government, irrespective of whether such roadways are public or private. Page 118 of 246 ---PAGE BREAK--- 4. The common property of the SPC land use district such as open space, recreational areas, roads, infrastructure, and buildings shall be maintained by the property ownership association or by the developer. 5. Unless otherwise specified in this Chapter, the common master plan as approved by the Board of Commissioners pursuant to Subsection of this Section shall specify the requirements for additional dimensions and land uses in the SPC. Procedural requirements. 1. Approval of the SPC land use district shall require: a. Development by a single owner or company. b. A common master plan. c. The establishment of a property/homeowner's association/equivalent, prior to the sale of the first tract, parcel, lot, or other area of land, along with duly recorded private covenants assuring the maintenance of all improvements, common areas and amenities, particularly in cases where the applicable common master plan contains any design with commonly held open space or site amenities. 2. The applicable common master plan must be approved by the Board of Commissioners, in full accordance with the procedures set forth in Article VI of this Chapter before the proposed development is designated to be included in the SPC land use district on the Official Land Use Map. 3. Irrespective of approval pursuant to this Subsection, all applicable land development standards and corresponding procedural requirements set forth in Chapter 38 of this Code shall be satisfied. 4. Revisions, including proposals to increase density in areas previously approved for lower density, or the location or dimensions of Page 119 of 246 ---PAGE BREAK--- approved streets, or other changes that affect the intent and character of the SPC land use district, shall require re-approval by the Board of Commissioners in full accordance with the procedures set forth in Article VI. Retention and institution as a land use district. The SPC land use district is retained and instituted as a land use district by the action of the Board of Commissioners on August 18, 2025, by way of Ord. of 8-18-2025 § 1 (Exh. (Ord. of 5-2-2005); (Res. of 8-26-2010); (Res. of 8-25-2011, 3—12); (Res. of 9-20-2012); (Res. of 9-15-2016, § (Ord. of 7-15-2024, § II), (Ord. of 8-18­ 2025 § 1 (Exh. Sec. 67-108. – Suburban residential private community land use district (“SRPC.”) Purpose and intent. 1. The SRPC land use district is intended to provide for the development of large tracts of land as planned communities. 2. The SRPC land use district may contain a mix of residential and small commercial uses. a. The land use shall be primarily residential. b. Subsidiary land uses may constitute community-supported land uses such as small-scale neighborhood, commercial, cultural, recreational and civic uses. Requirements as to dimensions, density, access, maintenance of common property and land uses. 1. The SRPC land use district shall have a minimum tract size of five hundred (500) acres to qualify for consideration. Page 120 of 246 ---PAGE BREAK--- 2. The maximum residential density of this district is six dwelling units per acre when served by public water and public sewer. 3. SRPC land use district shall be a private-gated community that is only accessed through secured gates. 4. Access to the SRPC land use district must be on paved roadways meeting the roadway standards imposed by the Pickens County Government, irrespective of whether such roadways are public or private. 5. The common property of the SRPC land use district such as open space, recreational areas, roads, infrastructure and buildings shall be maintained by the property ownership association or by the developer. 6. Unless otherwise specified in this Chapter, the common master plan as approved by the Board of Commissioners pursuant to Subsection of this Section shall specify the requirements for additional dimensions and land uses in the SRPC. Procedural requirements. 1. Approval of the SRPC land use district shall require: a. Development by a single owner or company. b. A common master plan. c. The establishment of a property/homeowner's association or equivalent prior to the sale of the first tract, parcel, lot, or other area of land, along with duly recorded private covenants assuring the maintenance of all improvements, common areas, and amenities, in cases where the applicable common master plan contains any design with commonly held open space or site amenities. 2. The applicable common master plan must be approved by the Board of Commissioners in full accordance with the procedures set forth in Page 121 of 246 ---PAGE BREAK--- Article VI of this Chapter before the particular development is designated to be included in the SRPC land use district on the Official Land Use Map. 3. Irrespective of approval pursuant to this Subsection, all applicable land development standards and corresponding procedural requirements set forth in Chapter 38 of this Code shall be satisfied. 4. Revisions, including proposals to increase density in areas previously approved for lower density, or the location or dimensions of approved streets, or other changes that affect the intent and character of the SRPC land use district, shall require re-approval by the Board of Commissioners in full accordance with the procedures set forth in Article VI. Retention and institution as a land use district. The SRPC land use district is retained and instituted as a land use district by the action of the Board of Commissioners on August 18, 2025, by way of Ord. of 8-18-2025 § 1 (Exh. (Ord. of 5-2-2005); (Res. of 8-26-2010); (Res. of 8-25-2011, 3—12); (Res. of 9-20-2012); (Res. of 9-15-2016, § (Ord. of 7-15-2024, § II), (Ord. of 8-18­ 2025 § 1 (Exh. Sec. 67-109. – Rural business land use district Purpose and intent. 1. The RB land use district is intended to promote and encourage compatible commercial activities within applicable rural areas of Unincorporated Pickens County. 2. The RB land use district aims to enhance the local economy while at the same time maintaining the rural character of Unincorporated Pickens County, preserving the natural resources therein and minimizing adverse impacts on farmland, timberland, and low-density residential neighborhoods. Page 122 of 246 ---PAGE BREAK--- Permissible uses, specially permitted uses and prohibited uses. The Permissible Uses, Specially Permitted Uses and Prohibited Uses for the RB land use district are set forth in the Land Use Table (Table 6-1-1) set forth in Section 67-301 of Division 5 of Article III. Dimensional requirements. The dimensional requirements for the RB land use district are set forth in the Dimensional Requirements Table (Table 6-1-2) set forth in Section 67­ 321 of Division 6 of Article III. Institution as a new land use district. The RB land use district is instituted as a new land use district by the action of the Board of Commissioners on August 18, 2025, by way of Ord. of 8-18-2025 § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-110. – Neighborhood commercial land use district Purpose and intent. 1. The NC land use district is intended to provide suitable areas for the retailing of goods and the provision of services to adjacent and nearby residential neighborhoods. 2. The overall character of the NC land use district is such that access by both vehicles and pedestrians is possible. Permissible uses, specially permitted uses, and prohibited uses. The Permissible Uses, Specially Permitted Uses and Prohibited Uses for the NC land use district are set forth in the Land Use Table (Table 6-1-1) set forth in Section 67-301 of Division 5 of Article III. Dimensional requirements. Page 123 of 246 ---PAGE BREAK--- The dimensional requirements for the NC land use district are set forth in the Dimensional Requirements Table (Table 6-1-2) set forth in Section 67­ 321 of Division 6 of Article III. Retention and institution as a land use district. The NC land use district is retained and instituted as a land use district by the action of the Board of Commissioners on August 18, 2025, by way of Ord. of 8-18-2025 § 1 (Exh. (Ord. of 5-2-2005); (Res. of 8-26-2010); (Res. of 8-25-2011, 3—12); (Res. of 9-20-2012); (Res. of 9-15-2016, § (Ord. of 7-15-2024, § II), (Ord. of 8-18­ 2025 § 1 (Exh. Sec. 67-111. – Highway business land use district Purpose and intent. 1. The HB land use district is intended to provide suitable areas for those business and commercial land uses which primarily serve the public traveling by vehicles, and which benefit from direct access to major roadways. 2. The HB land use district places a precedence of vehicles over pedestrians. 3. Generally, the HB land use district is considered to be unsuitable when abutting any land use district comprised of single-family dwellings, because of the permissible uses in the HB land use district and their associated off-site impact. Permissible uses, specially permitted uses and prohibited uses. The Permissible Uses, Specially Permitted Uses and Prohibited Uses for the HB land use district are set forth in the Land Use Table (Table 6-1-1) set forth in Section 67-301 of Division 5 of Article III. Dimensional requirements. Page 124 of 246 ---PAGE BREAK--- The dimensional requirements for the HB land use district are set forth in the Dimensional Requirements Table (Table 6-1-2) set forth in Section 67­ 321 of Division 6 of Article III. Retention and institution as a land use district. The HB land use district is retained and instituted as a land use district by the action of the Board of Commissioners on August 18, 2025, by way of Ord. of 8-18-2025 § 1 (Exh. (Ord. of 5-2-2005); (Res. of 8-26-2010); (Res. of 8-25-2011, 3—12); (Res. of 9-20-2012); (Res. of 9-15-2016, § (Ord. of 7-15-2024, § II), (Ord. of 8-18­ 2025 § 1 (Exh. Sec. 67-112. – Industrial land use district Purpose and intent. 1. The IND land use district is intended to provide suitable areas for a variety of industrially oriented land uses including manufacturing, wholesale trade, and distribution activities. 2. The IND land use district is intended only to be located in areas with relatively level topography, adequate water facilities, and access to arterial streets and highways. 3. Vehicular activities in the IND land use district consist predominantly of trucks, with some passenger vehicle traffic, and the road system is built to support truck traffic. 4. The IND land use district does not serve the general public, and therefore business uses are generally not permitted. Permissible uses, specially permitted uses, and prohibited uses. The Permissible Uses, Specially Permitted Uses and Prohibited Uses for the IND land use district are set forth in the Land Use Table (Table 6-1-1) set forth in Section 67-301 of Division 5 of Article III. Page 125 of 246 ---PAGE BREAK--- Dimensional requirements. The dimensional requirements for the IND land use district are set forth in the Dimensional Requirements Table (Table 6-1-2) set forth in Section 67-321 of Division 6 of Article III. Retention and institution as a land use district. The IND land use district is retained and instituted as a land use district by the action of the Board of Commissioners on August 18, 2025, by way of Ord. of 8-18-2025 § 1 (Exh. (Ord. of 5-2-2005); (Res. of 8-26-2010); (Res. of 8-25-2011, 3—12); (Res. of 9-20-2012); (Res. of 9-15-2016, § (Ord. of 7-15-2024, § II), (Ord. of 8-18­ 2025 § 1 (Exh. Sec. 67-113. – Institutional land use district (“INST.”) Purpose and intent. 1. The INST land use district is designed to accommodate a mix of institutional land uses that serve the public, educational institutions, and governmental functions in Unincorporated Pickens County. 2. The INST land use district aims to create vibrant, functional areas that contribute to the economic and social fabric of the community in Unincorporated Pickens County while promoting appropriate and efficient land use. 3. This land use district is essential in facilitating a balanced development that not only meets the needs of institutions but also addresses the interests of the surrounding community in Unincorporated Pickens County in a sustainable and cohesive manner. Permissible uses, specially permitted uses, and prohibited uses. The Permissible Uses, Specially Permitted Uses, and Prohibited Uses for the INST land use district are set forth in the Land Use Table (Table 6-1­ 1) set forth in Section 67-301 of Division 5 of Article III. Page 126 of 246 ---PAGE BREAK--- Dimensional requirements. The dimensional requirements for the INST land use district are set forth in the Dimensional Requirements Table (Table 6-1-2) set forth in Section 67-321 of Division 6 of Article III. Institution as a new land use district. The INST land use district is instituted as a new land use district by the action of the Board of Commissioners on August 18, 2025, by way of (Ord. of 8-18-2025 § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Secs. 67-114 67-150. - Reserved. ARTICLE III. – LAND USES AND LAND USE REGULATION STANDARDS DIVISION 1. IN GENERAL Sec. 67-151. – Noncompliant land uses prohibited. No land use shall be conducted in Unincorporated Pickens County except in full compliance with the provisions of this Article. (Ord. of 8-18-2025 § 1 (Exh. Secs. 67-152. 67-170. - Reserved. DIVISION 2. CORE GOVERNING LAND USE PRINCIPLES. Sec. 67-171. – Land use definition. A “land use” as regulated pursuant to this Chapter shall constitute: 1. Any purpose for which a building, a structure, a tract, parcel, lot, or other area of land is being utilized at a particular point in time. and/or Page 127 of 246 ---PAGE BREAK--- 2. Any process, activity, occupation, business, or operation being carried on at a particular point in time – in a building or structure or on any tract, parcel, lot, or other area of land. (Ord. of 5-22-2025, § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-172. – Land use must be conducted upon a tract, parcel, lot, or other area of land. Any land use must be conducted upon a tract, parcel, lot, or other area of land. The terms tract, parcel, lot, or area of land as utilized in combination, or individually, to reference a discernable portion of land subject to regulation by the provisions of this Chapter. (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-173. – Principal land uses. A “principal land use” shall mean the specific primary land use intended, existing or being conducted at a given point in time on a particular tract, parcel, lot, or area of land. There shall be only one principal land use existing or being conducted at one time on any tract, parcel, lot, or area of land. In contrast, see Section 67-174 regarding accessory land uses and Section 67-175 regarding temporary land uses. Unless constituting a Prohibited Land Use pursuant to Section 67-175 principal land uses are allowed in applicable land use districts as either a Permissible Land Use pursuant to Section 67-175 or a Specially Permitted Land Use pursuant to Section 67-175 (Ord. of 8-18-2025 § 1 (Exh. Page 128 of 246 ---PAGE BREAK--- Sec. 67-174. – Accessory land uses. An “accessory land use” is a land use conducted in subordination to and in conjunction with a corresponding principal land use. An accessory land use would not exist independent of its corresponding principal land use. No accessory land use shall be allowed on any tract, parcel, lot, or other area of land except in relation to an existing principal land use. 1. Accessory land uses are allowed in applicable land use districts if their respectively corresponding principal land uses are allowed therein. 2. No accessory land use shall be commenced until the principal land use has been commenced. For details on accessory land uses, see Section 67-401 of Division 9 of this Article. (Ord. of 5-2-2005); (Res. of 8-26-2010); (Res. of 8-25-2011, §§14 - 31, 33 - 35); (Res. of 9-15-2016, § (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-175. – Land use permissibility and impermissibility. The Permissible Land Uses, Specially Permitted Land Uses, and Prohibited Land Uses in the land use districts in Unincorporated Pickens County are described in this Section and are set forth in “Permissible Land Uses, Specially Permitted Land Uses, and Prohibited Uses in Land Use Districts”, as set forth in the Land Use Table (Table 6-1-1) set forth in Section 67-301 of Division 5 of this Article. Permissible Land Uses. 1. A Permissible Land Use includes any automatically permitted principal land use, as referenced in Section 67-173, which is allowed by right. Page 129 of 246 ---PAGE BREAK--- 2. A Permissible Land Use may include a “Conditional Land Use Reclassification.” a. A Conditional Land Use Reclassification constitutes the classification by the Board of Commissioners of a particular land use as a Permissible Land Use on the basis of the imposition thereon by it of one or more conditions for approval. b. The conditions may be originated by the Board of Commissioners, may be recommended by the Planning Commission, or may be a combination of originated and recommended conditions. c. The conditions ultimately imposed by the Board of Commissioners shall be documented by the Planning & Development Department in the records related to the subject land use. d. The failure to follow the conditions imposed in conjunction with the granting of a Conditional Land Use Reclassification by the original applicant, or by a subsequent owner, shall be prohibited. e. A Conditional Land Use Reclassification does not constitute a Special Use Permit as described in Subsection of this Section. 3. A “Permissible Land Use” also includes any corresponding accessory land use, as referenced in Section 67-174, which is conducted in relation to a principal land use which constitutes a Permissible Land Use. Specially Permitted Land Uses. 1. A “Specially Permitted Land Use” includes any principal land use, as referenced in Section 67-173, which would generally not be appropriate within a particular land use district and would be a Prohibited Land Use but for a decision by the Board of Commissioners granting a Special Use Permit that defines the special use granted and that imposes various conditions as the predicate for approval. Page 130 of 246 ---PAGE BREAK--- a. Such a Special Use Permit may only be granted by the Board of Commissioners in accordance with Article VI of this Chapter. b. Any Specially Permitted Land Use shall comply with all standards, conditions and limitations set forth in the corresponding Special Use Permit. c. The failure to comply with any aspect of a Special Use Permit shall be prohibited. 2. A “Specially Permitted Land Use” also includes any corresponding accessory land use, as referenced in Section 67-174, which is conducted in relation to a principal land use which constitutes a Specially Permitted Land Use” by way of an active Special Use Permit. 3. Cessation. a. Special Use Permits shall automatically extinguish upon the cessation of the Specially Permitted Land Use for a period of twelve (12) months. b. Following such a cessation, an application for a new Special Use Permit may be applied for regarding the ceased Specially Permitted Land Use. 4. Transferability. a. Special Use Permits are not transferable. b. If an unauthorized transfer of the specially permitted use occurs, the subject property shall revert to its previously established lawful land use unless a new special use permit or an applicable reclassification of the subject land use district is approved pursuant to Article VI of this Chapter. Accordingly, successive persons who wish to conduct the planned use may apply for a Special Use Permit to allow a new specially permitted land use. Page 131 of 246 ---PAGE BREAK--- c. Notwithstanding, Subsection (c)4a, the Planning & Development Department may grant a ninety (90) day provisional grace period to allow a successive person to comply with Subsection (c)4a; however, in such a case, any deviation by the successive person from the prior (and no longer valid) Special Use Permit shall be prohibited. A “Prohibited Land Use” constitutes a land use that is automatically prohibited in a particular land use district. (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-176. Unlisted land uses. This Section concerns land uses that are not listed in the Land Use Table (Table 6-1-1) set forth in Section 67-301 of Division 5 of this Article. Such land uses as referenced in Subsection of this Section shall be referred to as “unlisted land uses.” This Section shall be applicable only to principal land uses addressed in Section 67-173 and shall be inapplicable to accessory land uses addressed in Section 67-174. In the case of a contemplated principal land use that is not specifically listed on the aforementioned Table 6-1-1, the person seeking to conduct such unlisted principal land use shall file an application for its listing thereon with the Planning & Development Department. Upon the receipt of such an application, the Planning & Development Department shall make an administrative determination as to whether the unlisted principal land use should be approved in the subject land use district. Such administrative determinations shall be made on the basis of whether the unlisted principal land use is sufficiently similar to one or more listed principal land uses. Page 132 of 246 ---PAGE BREAK--- For purposes of this Section the term "sufficiently similar" shall mean that the unlisted principal land use shares the same characteristics as one or more listed principal land uses in terms of scale of operation, nature of operation, and the operation’s impact on any applicable land use district. 1. Should the unlisted principal land use be determined to be substantially similar to any listed principal land use, then the standards set forth in this Chapter shall apply to the unlisted use. a. The unlisted land use shall be approved. b. Table 6-1-1 shall be amended when practicable to add the previously unlisted principal use thereto; however, such amendment shall occur within at least six months of the determination. c. During the period of time between the determination allowing the previously unlisted principal use and the corresponding amendment to Table 6-1-1, a posting that is visible to the public shall be made in the office of the Planning & Development Department providing notice of such determination. 2. Should the Planning & Development Department not be able to make such a determination, the unlisted land use shall be prohibited. This Section shall not apply to uses otherwise prohibited by law. (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-177. – Temporary land uses. A “temporary land use” is a land use having limited duration of being conducted. Temporary land uses may be approved by administrative determination upon application by the Planning & Development Department. A sketch plan concerning such use must accompany an application for the temporary use. Page 133 of 246 ---PAGE BREAK--- Any such approval in the form of a “Temporary Use Permit” shall be limited in time of duration, with the maximum time of such duration being ninety (90) days. The Planning & Development Department may grant extensions of Temporary Use Permits, not to exceed ninety (90) days for sufficient cause upon reapplication. The Planning & Development Department may revoke any initial or extended Temporary Use Permit if it determines that the revocation is necessary to ensure the public’s safety, health, welfare, or quality of life. The failure to comply with any aspect of a Temporary Use Permit shall be prohibited. (Ord. of 8-18-2025 § 1 (Exh. Secs. 67-178 67-220. - Reserved. DIVISION 3. COUNTYWIDE STANDARDS FOR UNINCORPORATED PICKENS COUNTY. Sec. 67-221. – Noncompliant land uses prohibited. No land use shall be conducted in Unincorporated Pickens County except in full compliance with the provisions of this Chapter, including the provisions of this Division. 1. Accordingly, no building, structure, land, or water shall hereafter be used or occupied except in such full compliance. 2. Similarly, no building or structure or part hereof shall be erected, constructed, reconstructed, moved, or structurally altered except in such full compliance. (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-222. – Height. Page 134 of 246 ---PAGE BREAK--- No building or structure shall be erected or altered so as to exceed the height limits as may be generally established by this Chapter for different types of buildings and structures, and as provided for the use district in which the property is located. The height limitations of this Chapter shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy, or public utility facilities. (Ord. of 5-2-2005); (Res. of 8-25-2011, § 13), (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-223. – Maximum density, minimum lot size, and minimum lot width. No tract, parcel, lot, or other area of land shall hereafter be developed with a number of housing units that exceeds the residential density for the land use district in which the tract, parcel, lot, or other area of land is located as established by this Chapter. No tract, parcel, lot, or other area of land shall hereafter be developed that fails to meet the minimum size requirements and the minimum width requirements of the tract, parcel, lot, or other area of land for the use district in which the tract, parcel, lot, or other area of land is located, as established by this Chapter, except as otherwise specifically provided. (Ord. of 5-2-2005); (Res. of 8-25-2011, § 13), (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-224. – Minimum required yards and building setbacks. No building shall hereafter be erected in a manner to have narrower or smaller rear yards, front yards, or side yards than specified for the land use district in which the property is located, or for the specific use, if yards and setback regulations pertain to a specific use in this Chapter. No tract, parcel, lot, or other area of land shall be reduced in size, and no principal building shall be constructed, so that the front, side, or rear Page 135 of 246 ---PAGE BREAK--- yards of the land use district in which said tract, parcel, lot, or other area of land and building are located are not maintained. This Section shall not apply when a portion of a lot is acquired for a public purpose. No part of a yard shall be included as a part of the yard required for another building. The application of buffer requirements, as established by this Chapter, supersedes these minimum required yards. (Ord. of 5-2-2005); (Res. of 8-25-2011, § 13), (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-225. – One principal building on a tract, parcel, lot, or other area of land. Only one principal building and its customary accessory buildings may hereafter be erected on any tract, parcel, lot or other area of land, unless this Chapter specifically provides otherwise; with the following two exceptions noted. 1. More than one single-family dwelling may be located on a tract, parcel, lot or other area of land provided that: a. Said structures constitute a permissible land use or a specially permitted land use in the applicable land use district; and b. All applicable density requirements and dimensional requirements are satisfied. 2. More than one multi-family dwelling, office, institutional, commercial, or industrial building may be located on a tract, parcel, lot or other area of land provided that said structures constitute a permissible land use or a specially permitted land use in the applicable land use district. Page 136 of 246 ---PAGE BREAK--- (Ord. of 5-2-2005); (Res. of 8-25-2011, § 13), (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-226. – Lot coverage requirements. No tract, parcel, lot, or other area of land shall hereafter be developed to exceed the maximum lot coverage as specified for the land use district in which it is located. No tract, parcel, lot, or other area of land shall be developed with less than the minimum landscaped open space specified for the land use district in which it is located. (Ord. of 5-2-2005); (Res. of 8-25-2011, § 13), (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-227. – Visibility at intersections and driveway entrances. At the intersection of public streets, at the intersection of any vehicular access drive with a public street, and at the intersection of any vehicular access drive with another vehicular access drive, no plant, structure, fence, wall, sign or other element in excess of three feet (3 ft) in height above street grade shall be placed or maintained within a triangular area formed by a line connecting two points that are located twenty-five feet (25 ft) from the intersection. (Ord. of 5-2-2005); (Res. of 8-25-2011, § 13), (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-228. – Minimum frontage of a tract, parcel, lot, or other area of land. The minimum frontage of a residential tract, parcel, lot, or other area of land shall be fifty feet (50 ft). (Ord. of 5-2-2005); (Res. of 8-25-2011, § 13), (Ord. of 8-18-2025 § 1 (Exh. Page 137 of 246 ---PAGE BREAK--- Secs. 67-229 67-270. - Reserved. DIVISION 4. NONCONFORMITIES. Sec. 67-271. – Application. This Division concerns the treatment of “nonconformities” relating to land uses, structures and tracts, parcels, lots, or other areas of land. A “nonconformity” means any land use, any structure or any tract, parcel, lot, or other area of land which does not conform with (that is, fails to meet) the regulatory standards imposed by this Chapter, that are generally applicable to it or are applicable to it regarding the land use district in which it is located. (Ord. of 5-2-2005); (Res. of 8-25-2011, § 32), (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-272.- Grandfathered nonconformities and non-grandfathered nonconformities. Grandfathered nonconformities. 1. A “grandfathered nonconformity” shall mean a nonconformity that existed at the time of the original adoption of this Chapter or at the time of any subsequent amendment made thereto, either of which action imposed new regulatory standards to which the existing nonconformity does not conform. 2. Grandfathered nonconformities, though incompatible with the land uses, structures or tracts, parcels, lots, or other areas of land in their respective land use districts that conform to the regulatory standards imposed by this Chapter, shall nevertheless be allowed to continue pursuant to Sections 67-273 – 67-275 of this Division. 3. Grandfathered nonconformities shall include: a. “Grandfathered nonconforming land uses” as addressed in Section 67-273 of this Division. Page 138 of 246 ---PAGE BREAK--- b. “Grandfathered nonconforming structures” as addressed in Section 67-274 of this Division. c. “Grandfathered nonconforming tracts, parcels, lots, or other areas of land” as addressed in Section 67-275 of this Division. 4. It shall be the responsibility of the person conducting or owning the purported grandfathered nonconformity to prove to the Planning & Development Department that grandfathered nonconformity use was lawfully established and existed at the time the new regulatory standards to which the grandfathered nonconformity does not conform were imposed by the adoption of this Chapter, or by an applicable amendment thereto. 5. Absent said proof, the nonconformity in question shall constitute a non-grandfathered nonconformity as is referenced in Section of this Section. Non-grandfathered nonconformities. 1. A “non-grandfathered nonconformity” shall mean a nonconformity that is created after the imposition of regulatory standards by original adoption of this Chapter or by an amendment thereto to this Chapter which impose regulatory standards to which the nonconformity does not conform. 2. Non-grandfathered nonconformities shall be governed by the regulatory standards set forth in Section 67-276 of this Division and shall include: a. “Non-grandfathered nonconforming land uses.” b. “Non-grandfathered nonconforming structures.” c. “Non-grandfathered nonconforming tracts, parcels, lots, or other areas of land.” (Ord. of 5-2-2005); (Res. of 8-25-2011, § 32), (Ord. of 8-18-2025 § 1 (Exh. Page 139 of 246 ---PAGE BREAK--- Sec. 67-273. - Grandfathered nonconforming land uses. A “grandfathered nonconforming land use” shall mean an existing nonconformity failing to meet subsequently imposed regulatory standards governing land uses in an applicable land use district either due to the original adoption of this Chapter or due to the subsequent amendment thereto. Though incompatible with the land uses located or being conducted within the land use district in which a particular grandfathered nonconforming land use is located or being conducted, the grandfathered nonconforming land use shall nevertheless be allowed to continue. Notwithstanding Subsection of this Section, grandfathered nonconforming land uses: 1. Shall not be changed to another nonconforming land use. 2. Shall not be re-established after its discontinuance for six months or more for all land uses other than any land use constituting the presence or occupancy of a nonconforming manufactured home. 3. Shall not be re-established after the removal from the property for more than ten (10) days in the case of a land use constituting the presence or occupancy of a nonconforming manufactured home. The nonconforming land use involving the presence or occupancy by a manufactured home may be resumed if it is replaced by a structure that constitutes a conforming land use. 4. Shall not be extended to occupy a greater area of land. 5. Shall not be extended to occupy a greater area of a building or structure unless such additional area of the building or structure existed or exists at the time of the adoption or amendment of this Chapter and was or is clearly designed to house the same use as the nonconforming use occupying the other portion of the building or structure. Page 140 of 246 ---PAGE BREAK--- 6. Shall not be rebuilt, altered, or repaired after damage exceeding fifty percent (50%) of its replacement cost at the time of damage as determined by the Planning & Development Department, except for when a rebuilding, alteration or repair constitutes a conforming land use or results in a structure that constitutes a conforming land use. In all such cases, such rebuilding, alteration, or repair shall be completed within one year of such damage. Noncompliance with Subsection 1. Noncompliance with Subsection shall be prohibited. 2. Such noncompliance with Subsection shall disqualify the grandfathered status of any grandfathered nonconformity, including, but not limited to: a. A grandfathered nonconforming tract, parcel, lot, or other area of land. b. A grandfathered nonconforming land use. Vested rights. Any intended but not yet existing nonconforming land use or future nonconforming land use for which a vested right was or will be acquired prior to the adoption of this Chapter, or an applicable past or future amendment thereto shall be prohibited unless such intended nonconforming land use for which a vested right was or will be acquired is actually commenced within one year of the adoption or amendment of this Chapter, regardless of the intent or expectation to commence or abandon such nonconforming use. (Ord. of 5-2-2005); (Res. of 8-25-2011, § 32), (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-274. - Grandfathered nonconforming structures. Page 141 of 246 ---PAGE BREAK--- A “grandfathered nonconforming structure” shall mean an existing nonconformity failing to meet subsequently imposed regulatory standards governing the size, dimensions, and location of structures, either due to the original adoption of this Chapter or due to subsequent amendment thereto. Though incompatible with structures located within the land use district in which a particular grandfathered structure is located, the presence or occupancy of the grandfathered nonconforming structure shall nevertheless be allowed to continue. Notwithstanding Subsection of this Section, grandfathered nonconforming structures: 1. Shall not be enlarged or altered in any way that increases its nonconformity. 2. Shall not be replaced after removal except in conformance with this Chapter. 3. Shall not be occupied by a use for which off-street parking requirements cannot be met. Repairs. 1. Grandfathered nonconforming structures may be routinely repaired and maintained, provided that repairs are necessary to maintain a structure in a safe and sanitary condition and do not exceed fifty percent (50%) of the current replacement cost of the structure, during any period of twelve (12) consecutive months. 2. A structure damaged or destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost at time of destruction shall be reconstructed only in conformance with this Chapter. 3. Nonconforming structures that are damaged fifty percent (50%) or less must begin reconstruction or repair within six months after the damage is incurred in order to maintain the structure's grandfathered status. Page 142 of 246 ---PAGE BREAK--- Unsafe and unlawful nonconforming structures. 1. A nonconforming structure that is declared by the Planning & Development Department to be physically unsafe or unlawful due to lack of repairs and maintenance shall not thereafter be restored, repaired, or rebuilt, except in conformity with this Chapter. 2. Noncompliance with any provision of this Section shall be prohibited. 3. Additionally, such noncompliance shall disqualify the status of any grandfathered nonconforming structure and shall cause the land use to become a non-grandfathered nonconforming structure, the treatment of which is governed by Section 67-276 of this Division. (Ord. of 5-2-2005); (Res. of 8-25-2011, § 32), (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-275. - Grandfathered nonconforming tracts, parcels, lots, or other areas of land. A “grandfathered nonconforming tract, parcel, lot, or other area of land” shall mean an existing nonconformity failing to meet subsequently imposed regulatory standards governing the location, area, frontage and other dimensions thereof, either due to the original adoption of this Chapter or due to subsequent amendment thereto. Where the owner of a “legal lot of record” at the time of the original adoption or any particular subsequent amendment of this Chapter does not own sufficient land to conform to the applicable minimum size requirements or the applicable width requirements set forth in this Chapter such lot shall constitute a grandfathered nonconforming tract, parcel, lot, or other area of land and may be used as a building site provided that: 1. No further subdivision of the lot may be made. Page 143 of 246 ---PAGE BREAK--- 2. Such lot may be used as a building site for a single-family residence in a land use district where residences are permitted, or such lot may be used as a building site for any other use permitted in the applicable land use district. 3. The building setback and other applicable dimensions conform as closely as possible, given the size and shape of the lot, to the required dimensions of the applicable land use district. 4. Access to a public road is provided directly or through an easement recorded prior to adoption of this Chapter. 5. The lot meets all the current standards and requirements of the Pickens County Department of Environmental Health. A “legal lot of record” means a lot which existed prior to the adoption or subsequent amendment of this Chapter, as shown or described on a plat or deed in the records of the Office of the Pickens County Georgia Clerk of Courts. Unbuildable tracts, parcels, lots, or other areas of land. If a grandfathered nonconforming tract, parcel, lot, or other area of land has inadequate area or an unusual shape such that an adequate buildable area cannot be established under the setback requirements of the applicable land use district, a building permit may be issued if a variance is granted by the Board of Appeals pursuant to Article IV of this Chapter. Combination of nonconforming tracts, parcels, lots, or other areas of land. If the owner of two or more adjoining tracts, parcels, lots, or other areas of land, at least one of which is a grandfathered nonconforming tract, parcel, lot, or other area of land, decides to build on or sell off such tracts, parcels, lots, or other areas of land, the owner must first combine said tracts, parcels, lots, or other areas of land to comply with the dimensional regulatory standards of this Chapter. Page 144 of 246 ---PAGE BREAK--- Noncompliance. 1. Noncompliance with any provision of this Section shall be prohibited. 2. Additionally, such noncompliance shall disqualify the status of any grandfathered nonconforming lot and shall cause the applicable tract, parcel, lot, or other area of land to become a non-grandfathered nonconforming tract, parcel, lot, or other area of land, the treatment of which is governed by Section 67-276 of this Division. (Ord. of 5-2-2005); (Res. of 8-25-2011, § 32), (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-276. - Non-grandfathered nonconformities. A “non-grandfathered nonconformity” shall mean a nonconformity that is created after the imposition of regulatory standards by original adoption of this Chapter or by an amendment thereto to this Chapter which impose regulatory standards to which the nonconformity does not conform, except for a nonconformity appropriately created pursuant to Section 67-101(e). Non-grandfathered nonconformities shall include: 1. Non-grandfathered nonconforming land uses. 2. Non-grandfathered nonconforming structures. 3. Non-grandfathered nonconforming tracts, parcels, lots, or other areas of land. Conducting any activity regarding non-grandfathered nonconforming land uses, non-grandfathered nonconforming structures, non-grandfathered nonconforming tracts, parcels, lots, or other areas of land that violates any regulatory standard in any land use district shall be prohibited. This prohibition shall include the creation of one or more non- grandfathered nonconformities by any subdivision as such term is defined by Section 67-371 Page 145 of 246 ---PAGE BREAK--- Non-grandfathered nonconformities may be cured by: 1. Transforming the non-conformity into a conforming land use, structure or tract, parcel, lot, or other area of land undertaking an action to satisfy the applicable regulatory requirements such as combining currently owned tracts, parcels, lots, or other areas of land, purchasing land followed by a combination of thereof, or by structural alterations. 2. Obtaining a variance pursuant to Article IV of this Chapter to locate or conduct a non-grandfathered nonconforming land use, locate or occupy a non-grandfathered nonconforming structure, or build upon a non-grandfathered nonconforming lot within an applicable land use district. 3. Obtaining a reclassification to an appropriate land use district pursuant to Article VI of this Chapter. Curing a non-grandfathered nonconformity will allow for the subject use, structure or area of land to be lawfully conducted, located or constructed within its applicable land use district. (Ord. of 8-18-2025 § 1 (Exh. Secs. 67-277 67-300. - Reserved. DIVISION 5. PERMISSIBLE USES, SPECIALLY PERMITTED USES, AND PROHIBITED USES BY LAND USE DISTRICTS Sec. 67-301. – Land use table. Pursuant to Section 67-175 of Division 2 of this Article, the following Table 6-1-1 sets forth Permissible Land Uses, Specially Permitted Land Uses Requiring a Special Use Permit, and Prohibited Uses within the Land Use Districts of Unincorporated Pickens County that together comprise the Official Land Use Map. Land Use Table - - Permissible Land Uses, Specially Permitted Land Uses, and Prohibited Land Uses by Land Use District in Unincorporated Pickens County Page 146 of 246 ---PAGE BREAK--- Page 147 of 246 ---PAGE BREAK--- Page 148 of 246 ---PAGE BREAK--- Page 149 of 246 ---PAGE BREAK--- Page 150 of 246 ---PAGE BREAK--- (Ord. of 5-2-2005); (Res. of 8-26-2010); (Res. of 8-25-2011, 3—12); (Res. of 9-20-2012); (Res. of 9-15-2016, § (Ord. of 7-15-2024, § II), (Ord. of 5-22­ 2025, § 1(Exh. (Ord. of 8-18-2025 § 1 (Exh. Secs. 67-302 67-320. - Reserved. DIVISION 6. DIMENSIONAL REQUIREMENTS Sec. 67-321. – Dimensional requirements table. Page 151 of 246 ---PAGE BREAK--- The following Table 6-1-2 sets forth the dimensional requirements that are applicable within the Land Use Districts of Unincorporated Pickens County that together comprise the Official Land Use Map. Dimensional Requirements Table - - Dimensional Requirements by Land Use Districts in Unincorporated Pickens County (Ord. of 5-2-2005); (Res. of 8-26-2010); (Res. of 8-25-2011, 3—12); (Res. of 9-20-2012); (Res. of 9-15-2016, § (Ord. of 7-15-2024, § II), (Ord. of 8-18­ 2025 § 1 (Exh. A) Secs. 67-322 67-340. - Reserved. DIVISION 7. BUFFER REQUIREMENTS Page 152 of 246 ---PAGE BREAK--- Sec. 67-341. – Purpose. To minimize future potential conflicts between non-compatible land uses and to protect the health, safety, and general welfare, a buffer shall be required whenever two adjoining properties are in different land use districts, as is shown in Table 6-1-3 set forth in Section 67-342 of this Division. (Ord. of 5-2-2005); (Res. of 8-26-2010); (Res. of 8-25-2011,§§14 - 31, 33 – 35); (Res. of 9-15-2016, § (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-342. – Buffer requirements table. Buffer Requirements Between Land Use Districts (Ord. of 5-2-2005); (Res. of 8-26-2010); (Res. of 8-25-2011,§§14 - 31, 33 – 35); (Res. of 9-15-2016, § (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-343. – Buffer requirements in the AG land use district between livestock concentrated feeding operations and other uses. Page 153 of 246 ---PAGE BREAK--- Any property located within the agriculture district, which proposes to engage in livestock concentrated feeding operations and is adjacent to properties with residential uses, or adjacent to other certain uses, including but not limited to, recreation park or center, hospital, or convalescent home, will be subject to a five-hundred-fifty-foot (550 ft) building or use setback. Permitting. 1. All permits will be obtained from the Planning & Development Department. 2. The permit will be in the individual company's name who will be owning such operation. 3. Each individual obtaining such a permit shall furnish proof to the Planning & Development Department that such provisions of this Section have been met. Exemptions. 1. Any currently existing livestock concentrated feeding operations shall be exempt from the buffer requirement. 2. All new livestock concentrated feeding operations must comply with the buffer requirement. (Ord. of 5-2-2005); (Res. of 8-26-2010); (Res. of 8-25-2011,§§14 - 31, 33 – 35); (Res. of 9-15-2016, § (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-344. – Buffer requirements between residential, commercial, and industrial districts. When two adjoining tracts, parcels, lots, or other areas of land are in different land use districts, the tract, parcel, lot, or other area of land within the more intensive district is required to provide the buffer type as indicated in Table 6-1-3 when acquiring a building permit, unless the buffer was pre-existing. Page 154 of 246 ---PAGE BREAK--- When two adjoining vacant tracts, parcels, lots, or other areas of land are in different land use districts as indicated in Table 6-1-3, no buffer is required when the tract, parcel, lot, or other area of land in the less intensive district acquires a building permit. Type I Buffer Requirement. The required buffer shall have not less than a twelve-foot (12 ft) width and shall consist of plantings, which meet the screening standards of Section 67-345 of this Division. Type II Buffer Requirement. The required buffer shall have not less than a thirty-foot (30 ft) width and shall consist of plantings plus a fence, wall (not otherwise a part of a structure), or a berm, or any combination thereof, which meets the screening standards of Section 67-345. (Ord. of 5-2-2005); (Res. of 8-26-2010); (Res. of 8-25-2011,§§14 - 31, 33 – 35); (Res. of 9-15-2016, § (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-345. – Screening standards. Screening is a method of visually shielding or obscuring one use from another by fence, walls, berms, or densely planted vegetation. Plantings shall consist of either trees or shrubs or any combination of both. Planted areas shall be located along the abutting property lines or in areas that will provide the best screening effectiveness. 1. If trees or large shrubs are used solely as the screening devise, they shall be any evergreen species from the list provided by the Planning & Development Department, which under normal growing conditions will attain a minimum height of eight feet (8 ft) and a canopy spread of ten feet (10 ft) within four years. They shall be planted a minimum of twenty feet (20 ft.) on center as shown in the following illustration concerning tall trees. Page 155 of 246 ---PAGE BREAK--- 2. If trees are used in combination with shrubs, they may be of any species from the list provided by the Planning & Development Department. Small trees shall be planted thirty foot (30 ft) on center, and large trees forty foot (40 ft.) on center, as shown in the following illustration. a. Shrubs shall be any evergreen species from the list provided by the Planning & Development Department planted four foot (4 ft) on center as shown in the following illustrations concerning small trees. b. Shrubs shall initially be of any size, which would normally attain a minimum height of six feet (6 ft) within three years after planting. c. Earthen berms shall have a minimum height of six feet (6 ft.). Page 156 of 246 ---PAGE BREAK--- (Ord. of 5-2-2005); (Res. of 8-26-2010); (Res. of 8-25-2011,§§14 - 31, 33 – 35); (Res. of 9-15-2016, § (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-346. – Buffer design requirements. Prior to development, a buffer plan shall be required to show the types and locations of all plantings within a required buffer. If a site plan is required, a buffer plan shall be incorporated as part of the site development plan. Landscaping within buffer areas shall be used to screen objectionable views or nuisances, such as parking and service areas, refuse containers, air conditioning units and transformers. Existing on-site trees may be credited as meeting the requirements of this Section if the Planning & Development Department determines that such plant materials achieve the purposes of this Section. (Ord. of 5-2-2005); (Res. of 8-26-2010); (Res. of 8-25-2011,§§14 - 31, 33 – 35); (Res. of 9-15-2016, § (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-347. – Location of buffers. Buffers shall be located on the outer perimeter of a tract, parcel, lot, or other area of land along all lot lines adjoining dissimilar districts, including adjacent property lines, which may be separated by an existing or proposed public right-of-way. Buffers shall not be located on any portion of existing, dedicated, or reserved public or private street right-of-way. (Ord. of 5-2-2005); (Res. of 8-26-2010); (Res. of 8-25-2011,§§14 - 31,33 – 35); (Res. of 9-15-2016, § (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-348. – Buffer variances. The requirements of this Section may be waived by the Planning & Development Department under any of the following conditions if: Page 157 of 246 ---PAGE BREAK--- 1. It is clearly demonstrated that the existing topography and/or vegetation will achieve the purposes of this Section. 2. It is clearly demonstrated that for topographic reasons no required screening device could possibly screen the ground level activities of the use from the first-floor view of the residential structure abutting the use. 3. It is clearly demonstrated that an existing separation between adjoining properties will achieve the purposes of this Section. 4. There will be a fifteen percent (15%) or less adjustment to any dimensional buffer standard. Buffer variances are separate and distinct from general variances that are provided for in Article IV of this Chapter. (Ord. of 5-2-2005); (Res. of 8-26-2010); (Res. of 8-25-2011,§§14 - 31, 33 – 35); (Res. of 9-15-2016, § 1) (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-349. – Use of buffers. A buffer may be used for some forms of passive recreation, such as pedestrian, bike, or equestrian trails, or as a stormwater retention area, provided that both of the following criteria are met: 1. No planted materials shall be eliminated. 2. The total width of the required buffer area shall be maintained. (Ord. of 5-2-2005); (Res. of 8-26-2010); (Res. of 8-25-2011,§§14 - 31,33 – 35); (Res. of 9-15-2016, § (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-350 – Maintenance. The responsibility for maintenance of buffers shall remain with the owner of the property. Page 158 of 246 ---PAGE BREAK--- To preserve the intended mitigation purpose of the buffer relative to adjacent properties, regularly scheduled maintenance of the buffer is required, including possible replacement of dead or diseased plant(s), fertilization, mowing grass, pruning, replenishing ground cover, or general care. Maintenance of planted areas shall consist of mowing, removal of litter and dead plant materials, and necessary pruning. Fences and walls shall be kept in a condition that meets the requirements of this Section. (Ord. of 5-2-2005); (Res. of 8-26-2010); (Res. of 8-25-2011, §§14 -31,33 – 35); (Res. of 9-15-2016, § (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-351. – Surety for buffer installation. When the date for issuing a certificate of occupancy does not coincide with the planting conditions that are necessary to install a required buffer, the Planning & Development Department shall accept a letter of credit or other acceptable surety in the name of the Pickens County Government for the buffer installation. Such surety shall be in the amount and form satisfactory to the Planning & Development Department and shall certify the following: 1. That the creditor does guarantee funds in an amount to cover the cost of installing all buffers as estimated by the developer and approved by the Planning & Development Department. The guaranteed amount accepted by the Planning & Development Department shall equal the actual buffer costs (plants plus installation), plus fifteen percent (15%) in the event of default. 2. That in the case of failure on the part of the developer to complete the specified improvements within six months of the issue date of the credit, the creditor shall pay to the Pickens County Government immediately and without further action such funds as are necessary Page 159 of 246 ---PAGE BREAK--- to finance the completion of those improvements up to the limit of credit stated in the letter. 3. That the letter of credit or other acceptable surety may not be withdrawn or reduced in amount until released after final inspection and certification of approval of the buffer by the Planning & Development Department. Prior to the end of the first year after the buffer installation, the Planning & Development Department shall make an inspection and notify the owner or developer of any required replacement or restoration. (Ord. of 5-2-2005); (Res. of 8-26-2010); (Res. of 8-25-2011, §§14 - 31,33 -35); (Res. of 9-15-2016, § (Ord. of 8-18-2025 § 1 (Exh. Secs. 67-352 67-370. - Reserved. DIVISION 8. REGULATION OF SUBDIVISION(S) AS LAND USES. Sec. 67-371. – Subdivision(s) as land uses. Subdivision(s) as Land Uses. Subdivision(s) constitute “land uses” pursuant to Section 67-12 of this Chapter and are subject to regulation by its applicable provisions. Subdivision(s): “Subdivision(s)” shall mean the division of a tract, parcel or area of land into two or more resulting tracts, parcels, lots or other divided areas of land for any purpose, whether immediate or future, including but not limited to divisions for sale, rental, legacy, or building development. 1. When appropriate to the context, subdivision(s) shall constitute the process of subdividing a tract, parcel or area of land or shall constitute the tract, parcel, or other area of land that has been subdivided or is in the process of being subdivided. 2. This definition shall include re-subdivision, which means a change in a map of any approved or recorded subdivision plat altering the number of lots incorporated within the confines of the original plat. Page 160 of 246 ---PAGE BREAK--- Commercial subdivision(s). 1. Commercial subdivision(s) shall mean any subdivision(s) conducted for the purpose of accommodating commercial activities. When appropriate to the context, the term shall constitute the process of subdividing a tract of land or area of land or shall constitute the tract of land or area of land that has been subdivided or is in the process of being subdivided. 2. A commercial subdivision(s) – major (“major commercial subdivision(s)”) is any commercial subdivision(s) not classified as a minor commercial subdivision(s). 3. A commercial subdivision(s) – minor (“minor commercial subdivision(s)) is any commercial subdivision(s) comprised of or to be comprised of five or fewer resulting tracts, parcels, lots or other divided areas of land and in which no new streets are developed or are to be developed, and/or in which no utility extensions are developed or are to be developed. Should new streets be developed or be intended to be developed and/or should any utility extensions and developments be developed or intended to be developed in a commercial subdivision that subdivision shall constitute a major commercial subdivision. Residential subdivision(s). 1. Residential subdivision(s) shall mean any subdivision(s) conducted for the purpose of accommodating residential occupation. When appropriate to the context, the term shall constitute the process of subdividing a tract of land or area of land or shall constitute the tract of land or area of land that has been subdivided or is in the process of being subdivided. Page 161 of 246 ---PAGE BREAK--- 2. A residential subdivision(s) – major (“major residential subdivision(s)”) is any residential subdivision not classified as a minor residential subdivision(s). 3. A residential subdivision(s) – minor (“minor residential subdivision(s)”) is any residential subdivision(s) comprised of or to be comprised of five or fewer resulting tracts, parcels, lots or other divided areas of land and in which no new streets are developed or are to be developed, and/or in which no utility extensions are developed or are to be developed. Should new streets be developed or be intended to be developed and/or should any utility extensions and developments be developed or intended to be developed in a residential subdivision that subdivision shall constitute a major residential subdivision. (Ord. of 5-22-2025, § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-372. – Applicable land use treatment standards. As listed “land uses”, subdivision(s) are subject to regulation under this Chapter and are subject to the land use treatment standards referenced in Section 67-175 of this Chapter and set forth in the Land Use Table (Table 6­ 1-1) set forth in Section 67-301. 1. Permissible land use, which is a particular subdivision or the development thereof that is automatically permitted in a particular land use district. 2. Specially permitted land use, which is a particular subdivision or the development thereof that would otherwise be deemed to be inappropriate within a particular land use district but for a decision by the Board of Commissioners granting a Special Use Permit that defines the specially permitted land use and that imposes various conditions as the predicate for approval and for the continuation of the specially permitted land use. Page 162 of 246 ---PAGE BREAK--- 3. Prohibited land use, which is a particular subdivision that would be automatically prohibited in a particular land use district. (Ord. of 5-22-2025, § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-373. – Criteria for recommending or granting a special use permit for subdivision(s). In reviewing the recommendation of an application for a subdivision to be ultimately granted a Special Use Permit, the Planning & Development Department (for recommendation purposes), the Planning Commission (for recommendation purposes), and the Board of Commissioners (for purposes of approval or denial), shall comprehensively consider the criteria set forth in Section 67-685(c) of this Chapter. The following non-exclusive list of decision criteria shall be considered in the context of subdivisions: 1. Building-density implications for the surrounding area and for the broader Unincorporated Pickens County. 2. Population-density implications for the surrounding area and for the broader Unincorporated Pickens County. 3. Implications to emergency responses by public safety agencies within the proposed subdivision and within the surrounding area. 4. Consistency with, compatibility to, and the impacts on nearby land uses. 5. Effectiveness of access to the proposed subdivision considering the anticipated volume of traffic resulting from its existence. 6. The impact on traffic volume, patterns, and risks in the surrounding areas. 7. The capability of public facilities and utilities to adequately serve the proposed subdivision. Page 163 of 246 ---PAGE BREAK--- 8. The impact on the capability of public facilities and utilities to adequately serve the surrounding areas. 9. The availability of potable water for the proposed subdivision in the absence of a municipal water supply. 10. The impact on the availability of potable water to the surrounding areas in the absence of a municipal water supply. 11. The amount and location of open spaces and vegetative screening in the proposed subdivision to ensure compatibility with the surrounding areas, and to preserve the aesthetic qualities of the surrounding areas. 12. The impact that the proposed subdivision will have on the level of property values in the surrounding areas. 13. The impact that the proposed subdivision will have on the public, health, welfare, and quality of life in the surrounding areas. 14. The impact that the proposed subdivision will have on the character of adjacent land uses or the general area. 15. The suitability of the physical conditions of the site for the proposed subdivision, including, but not limited, to its size, shape, topography, and drainage. 16. The consistency of the proposed subdivision with the goals and objectives of the comprehensive plan. 17. The satisfaction of all applicable requirements of the Code, applicable Georgia law, and applicable federal law. 18. Any other factors deemed relevant by the Planning & Development Department, the Planning Commission, or the Board of Commissioners. (Ord. of 5-22-2025, § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Page 164 of 246 ---PAGE BREAK--- Sec. 67-374. – Application scenarios for subdivision(s) requiring a special use permit. In land use districts that are currently designated for the possibility of granting Special Use Permits for a particular subdivision, only an application for a Special Use Permit must be submitted to the Planning & Development Department for consideration by it, the Planning Commission, and the Board of Commissioners. In land use districts that are not currently designated for the possibility of granting Special Use Permits for a particular subdivision, two applications must be filed with the Planning & Development Department for consideration by it, the Planning Commission, and the Board of Commissioners: 1. An application for the land use district map change. 2. An application for a Special Use Permit. At the discretion of the applicant, the applications may be filed simultaneously, or pending the ultimate approval of the application for the change to the land use district map, may be filed sequentially. (Ord. of 5-22-2025, § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-375. Development plans for “commercial subdivision(s) – major” and “residential subdivisions – major.” Development plans must be submitted to the Planning & Development Department with each application for a map amendment involving the potential granting of a Special Use Permit for “commercial subdivisions – major” and “residential subdivisions-major.” Development plans shall include the following information: 1. A drawing containing a graphic scale, north arrow, date, acreage, and owner/developers name, address, and telephone number. Page 165 of 246 ---PAGE BREAK--- 2. The names of adjoining property owners shall be shown in relation to the proposed development. 3. The names of all streets or roadways abutting or crossing the property with width of all rights-of-way shown. 4. The boundary of any flood hazard areas. 5. A detailed access plan to enter a county or state right-of-way. 6. A location sketch map showing the location of the site in relation to existing public roads, streams, power transmission lines, etc. 7. A detailed, scaled drawing of the location of the commercial building on the property, together with all other improvements which will not be attached to the main structure. 8. A detailed, scaled drawing of all public parking spaces provided, as well as access lanes for emergency vehicles. 9. A detailed, scaled drawing of buffers, if buffers are required. 10.Approval of the Pickens County Department of Environmental Health, showing site meets requirements for sewage treatment. 11.Utility and drainage plans, including all information necessary for the appropriate county official to determine that the water and storm drainage improvements will be made and located in accordance with County requirements, and where applicable shall also contain soil erosion and sedimentation control measures. Development plans required by this Chapter do not constitute the plats that must be submitted in the subdivision approval process set forth in Article III of Chapter 38 of the Code and vice versa. (Ord. of 5-22-2025, § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-376. – Application of Article III of Chapter 38 not nullified. Page 166 of 246 ---PAGE BREAK--- The regulation of subdivision(s) as a land use by this Chapter shall not nullify the regulation of subdivision(s) by Article III of Chapter 38 of the Code, regarding the regulation of land development standards imposed therein, including mandated subdivision approval processes. In any situation regarding any particular subdivision(s), both the land use regulation standards imposed by this Chapter (including land use treatment standards) and the land development regulation standards imposed by Article III of Chapter 38 (including the subdivision approval processes mandated therein) must be satisfied. (Ord. of 8-18-2025 § 1 (Exh. Secs. 67-377 67-400. - Reserved. DIVISION 9. SUPPLEMENTAL PROVISIONS Sec. 67-401. – Accessory land uses. An “accessory land use” is a land use conducted in subordination to and in conjunction with a corresponding principal land use. An accessory land use would not exist independent of its corresponding principal land use. No accessory land use shall be allowed on any tract, parcel, lot, or other area of land except in relation to an existing principal land use. 1. Accessory land uses are allowed in applicable land use districts if their respectively corresponding principal land uses constitute permissible land uses. 2. No accessory land use shall be commenced until the principal land use has been commenced. Accessory land uses associated with a principal residential land use. 1. Accessory land uses associated with a principal residential land use in any land use district in which such land use may be conducted Page 167 of 246 ---PAGE BREAK--- must be conducted for personal and noncommercial purposes of the applicable residential occupants. 2. Accessory land uses associated with a principal land use can include but are limited to the following typical accessory land uses: a. BBQ pit. b. Carport that is detached. c. Garage that is detached. d. Greenhouse. e. Guesthouse that is used primarily as sleeping quarters for relatives, domestic employees, or temporary guests of the applicable residential occupants occupying the principal residence on the lot. f. Horse stable. g. Outdoor parking area. h. Pet accommodations. i. Playhouse or play area for children. j. Recreational area that is detached, such as a swimming pool, hot tub, cabana, tennis court, pickle ball court, deck or patio. k. Storage shed. l. Tool shed. 3. No accessory structure or parking area shall be permitted in any required front set back of any land use district. 4. Residential accessory land uses in the ER, RR, SR, UR, SPC, and SRPC districts, such as garages, greenhouses, or workshops, shall not be rented or occupied for commercial purposes. Page 168 of 246 ---PAGE BREAK--- 5. An open or unenclosed swimming pool may occupy a required rear or side yard, provided that the pool is not located closer than six feet (6ft.) to a rear lot line or ten feet (10 ft.) to an interior side lot line. A three-foot (3 ft) wide walk space shall be provided between pool walls and protective fences or barrier walls. Filling station pumps and pump islands, where permitted, may occupy the required yards, provided that they shall not be less than fifteen feet (15 ft.) from street lines; canopies, whether attached or detached from the principal building must be at least fourteen feet (14 ft.) in height and the outermost edge shall be five feet (5 ft.) from any property line. All non-residential accessory buildings shall only be used by the owners, employees, lessee, or tenants of the premises, and shall meet the setback requirements of the principal building. No accessory structure shall be located closer than fifteen feet (15 ft) to a side or rear lot line in all land use districts. (Ord. of 5-2-2005); (Res. of 8-26-2010); (Res. of 8-25-2011,§§14 - 31, 33 – 35); (Res. of 9-15-2016, § (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-402. – Home occupations. The intent of this Section is to ensure the compatibility of home occupations with other uses permitted in these districts, and not create a nuisance to residents from excessive noise, traffic, smoke, fire hazards, and other possible negative effects from commercial activity. Therefore, the conduct of some business in residential dwellings in the AG, SA, ER, RR, SR, UR, SPC, and SRPC is permitted under the provisions of this Section. Such home occupations must meet the following requirements: 1. A home occupation must be clearly subordinate to the principal use of a parcel. Page 169 of 246 ---PAGE BREAK--- 2. In the AG, SA, ER, RR, SR, UR, SPC and SRPC districts, no more than twenty-five percent (25%) of the floor area of the dwelling unit may be used for home occupation purposes or for storage purposes in connection with a home occupation. An accessory building cannot be used in conjunction with a home occupation in the ER, RR, SR, UR, SPC, and SRPC districts. 3. In the AG and SA districts, no more than twenty-five percent (25%) of the dwelling, and no more than six-hundred square feet (600 ft2) of an accessory building may be used for home occupation purposes or for storage purposes in connection with a home occupation. 4. The home occupation is limited to the employment of residents of the property plus not more than one additional person. 5. A home occupation shall not produce objectionable noise, dust, vibrations, glare, fumes, or electrical interference detectable by normal means outside the structure. 6. A home occupation shall not constitute a fire hazard to neighboring residences. 7. No traffic shall be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off-street. 8. On premise retail sales are prohibited, except for the sale of products or goods produced or fabricated on the premises as a result of the home occupation. 9. There shall be no exterior indication of the home occupation or variation from the residential character of the principal use. Persons unable to satisfy the requirements of this Section to operate a qualifying home occupation are encouraged to seek reclassification to the Rural Business Land Use District as described in Section 67-109 of this Chapter pursuant to the special procedures set forth in 67-692. Page 170 of 246 ---PAGE BREAK--- (Ord. of 5-2-2005); (Res. of 8-26-2010);(Res. of 8-25-2011,§§ 14 - 31, 33 – 35); (Res. of 9-15-2016, § (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-403. – Landscape strips. Frontage landscape strips. 1. A minimum twenty-foot (20 ft) wide landscape strip shall be provided along the full length of any street frontage of a multi-family or non-residential development. 2. Frontage landscape strips shall contain no structures, parking areas, patios, stormwater detention facilities, or any other accessory land uses except for the following: a. Retaining walls or earthen berms constructed as part of an overall landscape design. b. Pedestrian-oriented facilities such as sidewalks and bus stops. c. Underground utilities. d. Driveways required in order to access the property. e. Signs otherwise permitted by this Code. 3. One tree shall be provided within the frontage landscape strip for every forty feet (40 ft) of length of street frontage, or portion thereof. a. Such trees may be deciduous or evergreen but must be of a type that is suitable to local growing conditions and that will normally reach at least twelve (12) inches at diameter breast height upon maturity. b. The trees may be clustered for decorative effect following professional landscaping standards for spacing, location, and design. Page 171 of 246 ---PAGE BREAK--- 4. All portions of a frontage landscape strip shall be planted in trees, shrubs, grass, or ground cover, except for those ground areas that are mulched or covered by permitted structures. 5. Upon planting, new trees shall have a caliper of no less than two inches and may be clustered for decorative effect following professional landscaping standards for spacing, location, and design. 6. Plant materials in the frontage landscape strip are not to extend into the street right-of-way unless specifically allowed by the Public Works Department. Side yard landscape strips. 1. A minimum five foot (5 ft) wide landscape strip shall be provided along any side lot line of a nonresidential development. 2. The landscape strip is to extend from the front principal building setback line to the rear of the property (unless a buffer is required along the side lot line). 3. Side yard landscape strips shall contain no structures, parking areas, patios, stormwater detention facilities, or any other uses except for the following: a. Retaining walls or earthen berms constructed as part of an overall landscape design. b. Underground utilities. c. Driveways required to access neighboring property. 4. All portions of a side yard landscape strip shall be planted in trees, shrubs, grass, or ground cover, except for those ground areas that are mulched or covered by permitted structures. (Ord. of 5-2-2005); (Res. of 8-26-2010); (Res. of 8-25-2011,§§ 4 -31, 33 – 35); (Res. of 9-15-2016, § (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-404. – Trees in parking lots. Page 172 of 246 ---PAGE BREAK--- Deciduous shade trees shall be provided within any parking lot designed or intended to accommodate five cars or more, in accordance with the requirements of this Section. One deciduous shade tree shall be provided within the parking lot for every ten (10) parking spaces, or portion thereof. 1. Each tree shall be located within the parking lot in reasonable proximity to the spaces for which the tree was required. 2. Trees provided to meet the minimum requirements of any landscape strip or buffer may not be toward this requirement. A landscaping island shall be located at the end of every parking bay between the last parking space and an adjacent travel aisle or driveway. 1. The island shall be no less than eight feet (8 ft.) wide for at least fifty percent (50%) of the length of the adjacent parking space. 2. The island shall be planted in trees, shrubs, grass, or ground cover except for those areas that are mulched. Tree planting areas shall be no less than eight feet in width and shall provide at least one-hundred (100) square feet of planting area per tree. 1. No tree shall be located less than two and one-half feet (2½ ft) from the back of curb. 2. All parking lot landscape islands shall be curbed with minimum six inch (6 in) high vertical curbs. Landscaping islands and tree planting areas shall be well drained and contain suitable soil and natural irrigation characteristics for the planting materials they contain. (Ord. of 5-2-2005); (Res. of 8-26-2010); (Res. of 8-25-2011,§§14 - 31,33 – 35); (Res. of 9-15-2016), (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-405. – Junk cars and junkyards. Page 173 of 246 ---PAGE BREAK--- It shall be unlawful to deposit, store, keep or maintain, or to permit to be deposited, stored, kept or maintained, junk or trash in or on any tract, parcel, lot, or other area of land or body of water, except within a legally established junkyard. Junkyards must be greater than three-hundred feet (300 ft) from the lot line of an existing abutting residential use. This does not prohibit a residential lot being located within three-hundred feet (300 ft) of an existing junkyard. No junkyard shall be established or enlarged without a permit from the county, and the permit shall not be issued until a county review is completed. If a junkyard fronts upon any public or private street/road, then a sight impermeable fence or wall eight feet (8 ft) high shall be required parallel to such street/road. If the fence is a cyclone-wire type fence, then it shall have a top rail and be interwoven with wooden, metal, or plastic strips to create a solid sight impermeable barrier. If wire fencing is used, a two-foot (2 ft) concrete (on footing) or heavy sheet metal curb (imbedded at least two feet (2 ft) in the ground) shall be placed immediately adjacent to and inside such fence to prevent runoff onto adjacent properties or into adjacent waterways of oil, transmission fluid, and other contaminants that may result from junking operations, All gates shall be of the cyclone-wire type, interwoven with wooden, metal, or plastic slats in order to screen the interior of the yard when the gates are closed. In addition, when either a fence or wall is installed as required for a junkyard, an appropriate hedge made up of native tree or plant species or other species approved by the Planning & Development Department shall be planted outside the required walls or fences. Such tree or plant species shall be not less than four feet (4 ft) in height at the time of planting, shall be five feet (5 ft.) on center, and not less than two and one-half (21/2 ft.) from the wall or fence. In no event shall the junk or Page 174 of 246 ---PAGE BREAK--- scrap be piled higher than the wall or fence unless the hedge around the entire site grows above the wall or fence and forms a solid screen; in that event the scrap or junk may be piled up to the height of the hedge. All walls, fences, interwoven material, curbs, and hedges shall be continuously maintained in good condition and appearance and in such a manner that the purpose of screening and water runoff prevention is served. If an existing junk or scrap yard expands the operation by enlarging the size of the affected tract, or relocates to an entirely new site, then all of the requirements of this Subsection shall apply to the existing or new site. If any such use shall not comply as required by this Subsection, such use shall be immediately discontinued. (Ord. of 5-2-2005); (Res. of 8-26-2010); (Res. of 8-25-2011, §§14 - 31,33 – 35); (Res. of 9-15-2016, § (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-406. – Livestock animal units and enclosures. Livestock animal unit. 1. A measure, which represents a common denominator for the purposes of defining the land carrying capacity for livestock. 2. The animal unit accounts for the carrying capacity of one acre of land and is related to the amount of feed various species consume, and the amount of waste they produce. 3. Table 6-1-3(a) indicates the number of common farm species, which are permitted per acre for free-range activity. 4. The Planning & Development Department shall determine the acreage requirement for livestock not listed in the table. Enclosure requirement. Page 175 of 246 ---PAGE BREAK--- 1. All lands devoted to the raising and keeping of livestock shall be enclosed by a permanent type of fence, adequately constructed to house the species of livestock being raised or kept. 2. The enclosure is required to be regularly maintained to ensure that all animals are prohibited from encroaching on abutting property or property not allocated for housing of livestock. Number of Various Livestock Allowed Per Acre (Ord. of 5-2-2005); (Res. of 8-26-2010);(Res. of 8-25-2011, §§14 - 31, 33 – 35); (Res. of 9-15-2016, § (Ord. of 8-18-2025 § 1 (Exh. Page 176 of 246 ---PAGE BREAK--- Sec. 67-407. – Open air businesses. Year-round, open-air businesses/flea markets/farmer's markets, and similar facilities are permitted in applicable land use districts provided that: 1. Permanent sanitary facilities are required for patrons and shall be approved by the Pickens County Department of Environmental Health or applicable authority. 2. No overnight camping on the property is permitted. (Ord. of 5-2-2005); (Res. of 8-26-2010);(Res. of 8-25-2011,§§ 14 -31, 33 – 35); (Res. of 9-15-2016, (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-408. – Extended stay facilities. Extended stay facilities are unique in creating a commercial facility environment, like a motel or hotel, where overnight accommodation is provided for community visitors, yet such facilities also provide overnight accommodation to others, who may be working temporary or full-time jobs in the community or choosing such facility for residence as if it were considered a multi-family dwelling. The latter scenarios are thus residential in nature, with some units within the facility functioning and equipped as dwelling units. The following criteria thus apply: 1. The minimum area of the tract, parcel, lot, or other area of land is not less than two acres. 2. All extended stay facilities shall have a maximum density of sixty (60) guest units per gross acre. 3. Not more than ten percent (10%) of individual guest rooms shall have registrants who reside in or occupy any room or rooms within the same licensed facility for more than a ninety (90) day period. 4. No permanent business license shall be issued for the conduct of any business from any guest room, nor shall any home occupation function from such guest room. Page 177 of 246 ---PAGE BREAK--- 5. Extended stay hotels/motels shall have a landscape plan submitted and approved by the county zoning administration staff; such plan shall be implemented prior to the issuance of a business license. 6. Each guest room shall be protected with a sprinkler system approved by the Pickens County Fire Marshal or their designee, and hard-wired smoke detectors shall be provided and installed in each guest unit. 7. All guest rooms which have facilities for both the storage and preparation of food shall not have less than three-hundred square feet (300 ft2) of floor area and are limited to a maximum of two persons per such room; however, for all such guest rooms greater than three-hundred square feet (300 ft2), one additional person shall be allowable per each additional seventy-five square feet (75 ft2) of floor area up to and including a maximum of four persons. 8. An indoor or fenced outdoor active recreation area shall be provided. The size of each recreation area shall be calculated at a ratio of five square feet (5 ft2) per room with a minimum provision of six-hundred square feet (600 ft2). 9. A minimum of 25 percent (25%) of the lot area shall be dedicated to either active or passive open space. The open space shall include active recreation, such as a children's playground area, and/or passive recreation, such as green space and walking paths. 10. All such extended stay facilities shall provide a fifty-foot (50 ft) undisturbed buffer from any property zoned for multi-family residential purposes, and/or a one-hundred-foot (100 ft) undisturbed buffer from any property zoned for single-family residential purposes. (Ord. of 5-2-2005); (Res. of 8-26-2010); (Res. of 8-25-2011,§§14 - 31, 33 – 35); (Res. of 9-15-2016, § (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-409. – Commercial outdoor firing/shooting ranges. Page 178 of 246 ---PAGE BREAK--- A minimum undisturbed buffer of at least five-hundred feet (500 ft) shall be required along property lines adjacent to and/or abutting residential use properties and/or residential land use districts. The area where the firing activity takes place shall be at least five- hundred feet (500ft) from all property lines. Applicants shall list proposed hours of operation as part of an application for a Special Use Permit. Protective natural or artificial barriers must be provided to prevent bullets, shells, or pellets from travelling to human-occupied areas. Applicants shall provide a copy of liability insurance as part of an application for a Special Use Permit. (Ord. of 5-2-2005); (Res. of 8-26-2010);(Res. of 8-25-2011,§§ 14 - 31, 33 – 35); (Res. of 9-15-2016, § (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-410. – Commercial and data mining operations. Purpose and application. 1. The purpose of this Section is to enable the development of commercial and data mining centers and commercial server farms, to the extent possible, by minimizing the potential adverse effects on the community created therefrom and to ensure that adequate capacity is available on the applicable electrical power supply lines and substations to serve both the commercial and data mining centers and commercial server farms, and to serve the other needs of the service area consistent with the normal projected local growth envisioned by the local energy provider(s). 2. This Section shall apply to all commercial and data mining operations and commercial server farms installed, constructed, or modified. Regulations. Page 179 of 246 ---PAGE BREAK--- All commercial and data mining operations shall be designed, erected, and installed following all applicable local, state, and federal codes, regulations, and standards, including the following: 1. All principal and accessory structures used for commercial and data mining operations, and in commercial and data mining centers to house commercial server farms, shall be arranged, designed, and constructed to be harmonious and compatible with the site and with the surrounding properties. If prefabricated, pre-engineered or modular structures are installed, the following standards are required: a. All structures shall have concrete foundations. b. All exterior facades shall have muted earth tone colors, and shall not be defective, decayed, or corroded. c. If intermodal shipping containers are utilized, such installation shall comply with the requirements of the most recent edition of "Industrialized Building Rules and Bulletins of the Georgia Department of Community Affairs." 2. The commercial and data mining operations shall not cause the dissemination of vibration or excessive noise beyond the property lines, with the specific application of those standards being to commercial and data mining operations within the context and scope of this Section. 3. The equipment used in any commercial and data mining operations shall be housed in a metered, electrically grounded, and pre-engineered metal-encased structure with a fire rating designed to resist an internal electrical fire for at least thirty (30) minutes. The containment space shall contain baffles that will automatically close in the event of fire, independent of a possible electric system failure. Page 180 of 246 ---PAGE BREAK--- 4. No air, dust, smoke, glare, exhaust, heat, or humidity in any form, occurring due to the operations, shall be perceptible at or beyond the property line. 5. ISO shipping containers or similar housing, whether horizontally combined or independent of other structures for the commercial and data mining operations, shall not be vertically combined to exceed a height greater than nine feet (9 ft). 6. Each commercial and data mining center shall post a sign visible at the access entrance, which sign shall include a 24-hour emergency contact, company name if applicable, owner/representative name, telephone number, and corresponding local power company and telephone number. 7. All commercial and data mining operations shall meet the requirements imposed by Division 7 of this Article with regard to buffers and screening which shall be applicable to the perimeters of the building or construction footprints, except for areas of ingress and egress into the site. 8. Prior to approval of the certificate of completion or occupancy, the applicant shall provide written verification from the electrical service provider stating the following: a. Adequate capacity is available on the applicable supply lines and substation to ensure that the capacity available to serve the other needs of the service area is consistent with the normal projected load growth envisioned by the provider; b. Utility supply equipment and related electrical infrastructure are sufficiently sized and can safely accommodate the proposed use; c. The use will not cause electrical interference or fluctuations in line voltage on and off the operating premises; and Page 181 of 246 ---PAGE BREAK--- d. The applicant shall provide the county with written verification that the electrical work has passed a third-party final inspection. 9. Any commercial and data mining operations that are not operated for a continuous period of twelve (12) months and for which no applications are pending for permitted use of the structure at the end of such twelve (12) month period, shall be considered abandoned, whether or not the owner or operator intends to make use of the involved commercial server farms or any components thereof. The owner of an abandoned commercial and data mining center or commercial server farm(s) and the owner of the property on which the abandoned commercial and data mining center or abandoned commercial server farm(s) are located shall be under a duty to remove all components thereof. If such components are not removed within a reasonable time, not to exceed three months, after receipt of notice from the Pickens County Government notifying the owner(s) of such abandonment, the Pickens County Government may remove such facilities and place a lien upon the property for the costs of removal. The Pickens County Government may pursue all legal remedies available to it to ensure that abandoned device(s) are removed. Any delay by the Pickens County Government in taking action shall not in any way waive its right to take action. 10. No commercial and data mining operations may be operated without an approved site plan review of the commercial and data mining center, inclusive of commercial server farms and verification by the Pickens County Government that all requirements imposed by this Chapter have been met. 11. All commercial mining operations shall annually report their total water consumption, including both direct cooling use and indirect water related to energy generation, specifying the sources Page 182 of 246 ---PAGE BREAK--- of water utilized. Operators shall employ water-efficient cooling technologies, such as immersion or dry cooling, and prioritize the use of non-freshwater sources where feasible. Prior to approval of any new or expanded facility, an Environmental Impact Assessment shall be submitted evaluating anticipated water demand, potential effects on local water resources, and proposed mitigation measures. (Ord. of 7-15-2024(1), III, IV), (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-411. – Commercial solar power generation. Purpose. The purpose of this Section is to enable the development of commercial solar power generation, to the extent possible, by minimizing the potential adverse effects on the community created therefrom. This Section shall apply to all commercial solar power generation operations installed, constructed, or modified after the effective date thereof. Regulations. All commercial solar power generation facilities shall be designed, erected, and installed following all applicable local, state, and federal codes, regulations, and standards, including the following: 1. All components of any commercial solar power generation facility shall be set back at least fifty feet (50 ft) from the property lines of the tract, parcel, lot, or other area of land on which the commercial solar power generation facility is located. 2. Sound barriers around all inverter and transformer skid pads shall be required for noise mitigation. 3. Equipment used for commercial solar power generation shall be screened and fenced from adjacent property to restrict unauthorized access. 4. Screening shall consist of a minimum eight-foot (8 ft) opaque fence with the addition of shrubbery, trees, or an earthen berm. Page 183 of 246 ---PAGE BREAK--- 5. As part of the application for a Special Use Permit, the applicant shall demonstrate that the proposal will not have an adverse effect on neighboring properties by providing aerials of the site, graphic renderings of the project, and/or pictures from the site of surrounding parcels demonstrating sight lines. (Ord. of 7-15-2024(1), III, IV), (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-412. – Parking and loading. Off-street parking required. Off-street automobile parking spaces shall be provided on every lot on which any building, structure, or use is hereafter established in all use districts, except as otherwise specifically exempted by this Chapter. Required parking spaces shall be available for the parking of operable passenger vehicles for residents, customers, patrons, and employees, as appropriate given the subject use. Location of off-street parking areas. All parking spaces required by this Chapter shall be provided on the same tract, parcel, lot, or other area of land with the main building or use, which it serves. Upon demonstration that the parking spaces required are not available and cannot reasonably be provided on the same tract, parcel, lot, or other area of land as the building, structure, or use it serves, the Planning & Development Department may permit the required parking spaces to be provided on any tract, parcel, lot, or other area of land a substantial portion of which is within four-hundred feet (400 ft) of such building, structure, or use. This provision shall require submittal of evidence of ownership or valid agreement to lease the parking area off-site that is intended to be used to comply with this Section. Parking plan required. Before any building or land use permit is issued, the proposed parking lot layout and area must be found by the Planning & Development Department to be in compliance with all requirements of this Chapter. A parking plan for all but detached single-family uses shall be submitted for approval by the Planning & Development Department. Occupancy of the land or use of a building shall not occur until the Page 184 of 246 ---PAGE BREAK--- Planning & Development Department determines that parking facilities are available in accordance with the approved plan. Minimum number of parking spaces required. On each tract, parcel, lot, or other area of land where a building, structure, or land use exists, off- street parking shall be provided according to Table 6-1-4. No existing facility used for off-street parking shall be reduced in capacity to less than the minimum required number of spaces or altered in design or function to less than the minimum standards. Minimum Number of Off-Street Parking Spaces Required INSERT TABLE 6-1-4 Interpretations of parking requirements. 1. Fractions. Where a fractional space results during the calculation of required parking, the required number of parking spaces shall be construed to be the next highest whole number. 2. Parking space requirement not specified. Where the parking requirement for a particular use is not described in this Section, and where no similar use is listed, the Planning & Development Department shall determine the number of spaces to be provided based on requirements for similar uses, location of the proposed use, the number of employees on the largest shift, the total square footage, potential customer use, and other expected demand and traffic generated by the proposed use. Reduction of required parking for mixed or joint use, and use of parking spaces. 1. When more than one land use is provided on a tract, parcel, lot, or other area of land, and such uses operate more or less simultaneously, the total requirements for off-street parking spaces shall be the sum of the requirements for the various uses computed separately. Page 185 of 246 ---PAGE BREAK--- 2. The Planning & Development Department may authorize a reduction in the total number of required off-street parking spaces for two or more uses jointly providing parking facilities when their respective hours of need of maximum parking do not normally overlap, provided that the developer submits sufficient data to demonstrate that the hours of maximum demand for parking at the respective uses do not normally overlap. 3. The required spaces assigned to one use may not be assigned to another use at the same time, except that one-half (1/2) of the parking spaces required for churches, theaters, or assembly halls whose peak attendance will be at night or on Sundays may be assigned to a use which will be closed at night or on Sundays. (Ord. of 5-2-2005; (Res. of 8-25-2011, § 36), (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-413. – Loading. Off-street loading areas required for specified uses. On the same tract, parcel, lot, or other area of land with every building, structure, or part thereof, erected or occupied for manufacturing, storage, warehouse, truck freight terminal, department store, wholesale store, market, hotel, hospital, mortuary, dry cleaning plant, retail business, or other uses similarly involving the receipt or distribution of vehicles, materials or merchandise, there shall be provided and maintained adequate space for the standing, loading, and unloading of such materials, to avoid undue interference with public use of streets, alleys, and parking areas. Loading area specifications 1. Unless otherwise approved by the Planning & Development Department, loading spaces shall be a minimum of fourteen feet (14 ft) wide, forty feet (40 ft) long, with fourteen feet (14 ft) of height clearance. Page 186 of 246 ---PAGE BREAK--- 2. Said loading area shall be located to the rear of the building unless site design precludes a rear location, in which case loading shall be to the side of a building. Minimum number of off-street loading spaces required. 1. One off-street loading space shall be provided for the first ten- thousand square feet (10,000 ft2) of gross floor area or fractional part thereof for industrial use, and one off-street loading space for the first five-thousand square feet (5,000 ft2) of gross floor area or fractional part thereof for retail or other non-industrial use for which a loading space is required. 2. One additional space shall be required for each additional twenty- five-thousand square feet (25,000 ft2 ) of gross floor area or fractional part thereof for industrial use and for each additional ten- thousand square feet (10,000 ft2) of gross floor area or fractional part thereof for retail or other non-industrial use. (Ord. of 5-2-2005), (Ord. of 8-18-2025 § 1 (Exh. Secs. 67-414 67-500. - Reserved. ARTICLE IV. – VARIANCES DIVISION 1. IN GENERAL Sec. 67-501. – Purpose. The purpose of this Article is to provide a mechanism, that is, a “variance”, for relief in an individual case in which the standard application of one or more dimensional requirements imposed by this Chapter in relation to a particular land use would create a clear undue hardship on the owner or owners of the subject property. 1. There shall be “administrative variances” as provided for in Section 67-544 of this Article. 2. There shall be “non-administrative variances” as provided for in Section 67-545. Page 187 of 246 ---PAGE BREAK--- Absent a variance, the subject land use would be required to meet all applicable dimensional requirements imposed by this Chapter. Variances typically concern dimensional requirements imposed by this Chapter that are associated with land use on a subject property, which include but are not limited to the following: 1. Distances between buildings. 2. Heights of structures. 3. Lot coverage. 4. Open areas of land. 5. Placement of structures. 6. Setbacks. 7. Yard areas. This Article shall not apply to “buffer variances” which are addressed in Section 67-348 of this Chapter. (Res. of 8-25-2011, § 38), (Ord. of 8-18-2025 § 1 (Exh. Secs. 67-502 67-540. - Reserved. DIVISION 2. TECHNICAL PROVISIONS AND PROCEDURES Sec. 67-541. – Criteria for granting variances. Variances shall be granted only if the following eight criteria are conclusively established by the applicant and subsequently verified in the variance application process: 1. That a strict or literal interpretation and enforcement of the specified standard or requirement would result in a clear undue hardship. Page 188 of 246 ---PAGE BREAK--- 2. That the clear undue hardship is caused by exceptional or extraordinary circumstances applicable to the subject property or to the intended land use which do not apply generally to other properties in the same land use district. 3. That said exceptional or extraordinary circumstances are not the result of the actions of the applicant or of previous owners. 4. That the granting of the variance would not be detrimental to the public health, safety, or welfare, or be materially injurious to properties in the near vicinity of the subject property. 5. That the granting of the variance would not increase the allowed density of any particular land use district. 6. That the granting of the variance would not enable or otherwise facilitate the conducting of a land use not otherwise allowed in a particular land use district. 7. That the alleged hardship on the applicant does not constitute a mere inconvenience or hindrance to commercial gain to the applicant. 8. That the granting of the variance would not hinder the Board of Commissioner’s general objectives that are intended to be achieved by the application of the various provisions of this Chapter. (Res. of 8-25-2011, § 38), (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-542. – Variance applications. A request for a variance may be initiated by a property owner or the property owner’s authorized agent by filing a variance application with the Planning & Development Department. 1. A particular variance application may concern an “administrative variance” as provided for in Section 67-544 and shall therefore constitute an administrative variance application.” Page 189 of 246 ---PAGE BREAK--- 2. A particular variance application may concern a “non-administrative variance” as addressed in Section 67-545 and shall therefore constitute a non-administrative variance application.” All variance applications shall be accompanied by a site plan, drawn to scale, showing the dimensions and arrangement of the proposed development. Regarding any particular variance application, the Planning & Development Department may require other drawings or materials essential to an understanding of the proposed variance requested and its relationship to the surrounding properties. Each variance application shall be accompanied by a fee, as established by the Board of Commissioners from time to time. (Res. of 8-25-2011, § 38), (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-543. – Investigation of application and report. The Planning & Development Department shall make an investigation of all variance applications and shall prepare a report thereon, specifically considering and addressing each of the prescribed criteria specified in Section 67-541 of this Division. Each criterion shall be addressed in writing in the report. In the case of a non-administrative variance application, said investigative report shall be submitted to the Board of Appeals for action pursuant to Section 67-545. In the case of an administrative variance application, said investigative report shall be utilized by the Planning & Development Department in rendering a decision as to whether the administrative variance is granted or denied pursuant to Section 67-544. Should the administrative variance be denied and then appealed to the Board of Appeals, said investigative report shall be submitted to that Board of Appeals for action pursuant to Section 67-544(e). Page 190 of 246 ---PAGE BREAK--- In all cases, said investigative report shall be made available to the applicant prior to any public hearing held on the variance application pursuant to Section 67-547. (Res. of 8-25-2011, § 38), (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-544. Administrative variances. In response to an applicable filing of a variance application pursuant to Section 67-542, the Planning & Development Department is hereby granted the authority to grant administrative variances at the departmental level which are de minimis in scale and nature. A variance that is de minimis in nature shall constitute a reduction by fifteen percent (15%) or less of an applicable standard established by this Chapter, which includes but are not limited to: 1. Distances between buildings. 2. Lot coverage. 3. Open areas of land. 4. Setbacks. 5. Yard areas. Administrative variances shall not be granted with regard to the heights of structures or the placement of structures. The determination as to whether a particular administrative variance application should be granted or denied shall be made in accordance with the criteria set forth in Section 67-541. Any denial of an administrative variance application may be appealed to the Board of Appeals by the filing of the appeal with the Board of Appeals within eighteen (18) months of the denial. Page 191 of 246 ---PAGE BREAK--- The disposition of said appeal shall be conducted by the Board of Appeals in accordance with Section 67-547. (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-545. – Non-administrative variances. With regard to this Chapter, the Board of Commissioners hereby grants the specific authority and power to the Board of Appeals to receive, consider, grant, grant with conditions, or deny applications for non-administrative variances. The Board of Appeals is described in Section 67-546. In granting or denying any particular variance, the Board of Appeals shall comprehensively consider all criteria set forth in Section 67-541 and shall utilize the applicable report prepared by the Planning & Development Department pursuant to Section 67-543 in doing so. The Board of Appeals shall follow all procedures regarding public hearings on applications for variances as set forth in Section 67-547. (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-546. – The Board of Appeals. The scope of the authority of the Board of Appeals bestowed by the Board of Commissioners with regard to this Chapter shall be: 1. The granting or denying of non-administrative variance applications addressed in Section 67-545. 2. The disposition of appeals concerning the denial of administrative variance applications made by the Planning & Development Department pursuant to Section 67-544. The Board of Appeals shall consist of five voting members, who are residents of Unincorporated Pickens County, and who are registered voters. Page 192 of 246 ---PAGE BREAK--- 1. Each member shall serve for terms of three years without compensation. 2. None of the members of the Board of Appeals shall be a member of the Board of Commissioners, but one member of the Planning Commission may serve on the Board of Appeals. 3. Members shall be appointed by the Board of Commissioners, upon the recommendation of its Chairperson. 4. Should any vacancy occur in the membership of the board for any cause, the Board of Commissioners shall fill such vacancy by making an appointment for the unexpired term of a qualified person recommended by its Chairperson. 5. Any member of the Board of Appeals may be removed for due cause or upon expiration of term. The Board of Appeals shall: 1. Be advised by the Planning & Development Department, except in cases involving an appeal of a denial of an administrative variance application by the Planning & Development Department. 2. Appoint a secretary, who shall be a member of the Planning & Development Department, to keep minutes of its proceedings, which shall record actions taken by each board member upon each question. 3. Keep records of its other official actions, all of which shall be maintained by the Planning & Development Department. (Res. of 8-25-2011, § 38); (Ord. of 3-18-2024, § (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-547. – Public hearings conducted by the Board of Appeals. A public hearing shall be scheduled and conducted with regard to: Page 193 of 246 ---PAGE BREAK--- 1. Each complete and accurate application for a non-administrative variance that is filed with the Planning & Development Department. 2. The filing of an appeal by an appellant of the denial of an administrative variance application by the Planning & Development Department. At least thirty (30) days prior to the date set by the Board of Appeals for a public hearing, a written notice shall be published in a newspaper of general circulation in Pickens County setting forth the time, place, and purpose of the public hearing. Notice of the time and place of the public hearing shall be sent to the applicant or appellant at least thirty (30) days in advance of the public hearing. One or more signs which shall contain information as to the date, time, location, and purpose of the public hearing shall be posted in a conspicuous place on the subject property, at least thirty (30) days before the public hearing. Acts of vandalism or natural occurrences which limit the effectiveness of posting the property for notice of the public hearing shall not void the proceedings or actions taken under this Section. (Res. of 8-25-2011, § 38)) (Ord. of 3-18-2024, § (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-548. – Decisions of the Board of Appeals. The Board of Appeals shall render a decision in writing within thirty (30) days after the public hearing on any proposed variance or on an appeal of a denial of an administrative variance application. 1. Said written decision shall include a statement of the finding of facts. 2. The secretary of the Board of Appeals shall notify the applicant, in writing, of its decision within five days after the rendering of a decision. Page 194 of 246 ---PAGE BREAK--- Decisions of the Board of Appeals shall be final and there shall be no appeal to the Board of Commissioners or to any administrative body. (Res. of 8-25-2011, § 38; Ord. of 3-18-2024, § I(A. - (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-549. – Appeals of decisions of the Board of Appeals. Applicants that desire to dispute a denial of an application for a variance by the Board of Appeals pursuant to Section 67-548, shall have the right to appeal to an applicable court of competent jurisdiction. (Res. of 8-25-2011, § 38); (Ord. of 3-18-2024, § (Ord. of 8-18-2025 § 1 (Exh. Secs. 67-550 67-570. - Reserved. ARTICLE V. – ADMINISTRATION OF THIS CHAPTER. DIVISION 1. IN GENERAL Sec. 67-571. – Responsibilities for administration and enforcement. The Board of Commissioners. 1. This Chapter shall be administered and enforced within the span of control of the Board of Commissioners. 2. The Board of Commissioners shall have the power to act as is granted by Georgia law and as provided in this Chapter and shall do so in the administration thereof pursuant to the applicable provisions set forth in the various articles comprising this Chapter. The Planning Commission. The Planning Commission shall have the power to act as is provided in Article VI of this Chapter and shall do so in undertaking its mandated responsibilities. The Board of Appeals. Page 195 of 246 ---PAGE BREAK--- The Board of Appeals shall have the power to act as is provided in Article IV of this Chapter and shall do so in undertaking its mandated responsibilities. The Pickens County Government. The Board of Commissioners hereby charges the Pickens County Government, as being under its control and as being under the day-to-day direction of its Chairperson, with the administration of this Chapter and the enforcement of its provisions, and thereby with the activities concerning land use regulation in Unincorporated Pickens County. The Planning & Development Department. 1. Within the Pickens County Government, the day-to-day administration of the various articles of this Chapter and the enforcement of their provisions shall be the authorized and designated responsibility of the Planning & Development Department, as led by the Director of Planning & Development, with that position reporting to the Chairperson or to the Chairperson’s designee. 2. The Planning & Development Department, the Director of the Planning & Development Department and any employees authorized by the Chairperson (“authorized county employees”) shall administer and enforce the provisions of the various articles comprising this Chapter on a day-to-day operational basis. 3. The Planning & Development Department, the Director of Planning & Development, and authorized county employees shall work with the Pickens County Marshal’s Office, as provided for in Article V of Chapter 2 of this Code, which functions under the direction of the Chief County Marshal, in the enforcement of the provisions of this Chapter. 4. When circumstances warrant, the Planning & Development Department, the Director of Planning & Development, and the authorized county employees therein shall also seek the advice, guidance, assistance, and/or involvement from colleague departments Page 196 of 246 ---PAGE BREAK--- of the Pickens County Government, including, but not limited to, the Public Works Department, the Fire Marshal’s Office, Pickens County Fire & Rescue, and the Water Department. (Ord. of 5-2-2005); (Res. of 8-25-2011, 37, 39), (Ord. of 8-18-2025 § 1 (Exh. Secs. 67-572 67-610. - Reserved. DIVISION 2. ENFORCEMENT AGAINST VIOLATIONS. Sec. 67-611. - Applicability. This Division shall govern the administration of enforcement against and prosecution of violations of the provisions of this Chapter. Subject to any prohibitions and limitations that may be imposed by federal or Georgia law and subject to the provisions of Sections 67-31, 67-32 and 67-33 of this Chapter in said enforcement and prosecution shall be conducted in accordance with this Division and with Chapter 1 this Code. (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-612. - Violations. Violation. The term “violation” means: 1. The performing of an act that is prohibited by any provision of this Chapter. or 2. The failure to perform an act that is required to be performed by any provision of this Chapter. Person committing a violation. The term “person committing a violation” means a person committing a violation of this Chapter. Page 197 of 246 ---PAGE BREAK--- Person. The term “person” means any individual, corporation, business trust, estate, trust, partnership, association, joint venture, utility, cooperative, or other legal or commercial entity. Enforcement actions against violations. A violation of any provision of this Article may result in any or all of the following enforcement actions, which may be taken due to the violation against the person committing the violation: 1. Administrative actions as set forth in Section 67-613. 2. Penalties as set forth in Section 67-614. 3. Other available actions as set forth in Section 67-615. 4. The requirement to bear costs of noncompliance as set forth in Section 67-616. (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-613. – Administrative actions regarding violations. Cease-and-desist orders. 1. In order to prevent the continuance of any violation of the provisions of this Chapter, the Planning & Development Department may impose a cease-and-desist order on any person committing the violation, thereby compelling said person to take one or more of the following actions: a. Discontinue any prohibited use of land, structures, buildings, signs, or other applicable items. b. Remove or relocate any prohibited structures, buildings, signs, or other applicable items. c. Remove or relocate any prohibited additions, alterations, or structural changes. Page 198 of 246 ---PAGE BREAK--- d. Discontinue any prohibited work being done or any other prohibited actions being taken. e. Take any other action deemed necessary to effectuate compliance with the provisions of this Chapter. 2. Any cease-and-desist order shall state the conditions pursuant to which it may be removed. 3. A cease-and-desist order shall not preclude the performance of activities directed by the Planning & Development Department for the purpose of removing any violation or unsafe condition. Revocation of permits, certificates, and other approvals. 1. Any applicable permits, certificates, or approvals may be revoked when it is determined that actions deemed to constitute violations were conducted during the application process for the purpose of obtaining such permit or approval, including but not limited to, the making of false statements, or the making of misrepresentations on written documents. 2. Any applicable permits, certificates, or other approvals may be revoked when it is determined that actions deemed to constitute violations have been or are being conducted after the permit or approval has been obtained for the purpose of falsely alleging compliance with such permit’s or approval’s requirements, including but not limited to, the making of false statements or the making of misrepresentations on written documents. Refusal to issue permits, certificates, and other approvals. The Planning & Development Department shall refuse to issue any permit, certificate, or other approval that would otherwise be issued pursuant to any applicable provision of this Code so long as the applicable person maintains a noncompliant status with this Chapter. No bar to other enforcement actions. Page 199 of 246 ---PAGE BREAK--- The imposition of any cease-and-desist order pursuant to Subsection of this Section or of a revocation pursuant to Subsection of this Section shall in no manner bar, otherwise preclude, or limit any of the other enforcement actions set forth in Section 67- 612(d) of this Division. (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-614. – Penalties for violations. Any violation of the provisions set forth in this Chapter shall be subject alternatively to penalties as specified in Chapter 1 of this Code and herein in this Section. Penalties may include a fine not to exceed $1,000.00 or imprisonment for up to sixty (60) days, or both, unless otherwise prohibited by Georgia law. Subsections and of this Section shall not preclude the imposition of higher penalties that are authorized to be imposed by Georgia law. Continuing violations. 1. Each day that any violation of any provision of this Chapter continues in sequence or occurs on separate nonsequential days shall constitute a separate violation, and each and every separate violation may accordingly be subjected to separate respective fines and/or imprisonment. 2. Unless barred by limitations imposed by Georgia law, there shall be no limit to the quantity of separate daily violations that can accumulate and be made by citation or by accusation in a given situation. 3. The date of the first violation or of any subsequent violation subject to enforcement that occurs in any sequence of additional separate daily violations shall be deemed to be the earliest identifiable day on which the activity giving rise to the violation, and shall be Page 200 of 246 ---PAGE BREAK--- established on the basis of one or more applicable and sufficiently viable: a. Documents. b. Written or transcribed complaints. c. Written or transcribed witness statements. d. Recorded images. e. Voice recordings. Violations by officers, agents, and other associated individuals. 1. Any violation of this Chapter by any officer, agent, or other associated individual acting for or employed by any corporation or unincorporated association or organization, while acting within the scope of his or her office or employment, shall in every case also be deemed to be a violation by such corporation, association, or organization. 2. Any officer, agent, or other associated individual acting for or employed by any corporation or unincorporated association, or organization shall be subject and liable to punishment as well as the corporation or unincorporated association, or organization for the violation by it of any provision of this Chapter, where such violation was the act, omission or order, or the result of the act, omission or order, of any such officer, agent, or other associated individual. Separate offenses for multiple persons involved in a violation. 1. Each person who commits, participates in, or assists in the commission of any violation of any provision of this Chapter may be found guilty of a separate offense related to that violation and may suffer the penalties provided herein for committing that violation. 2. However, not more than one person may be subjected to penalties and punishment for any single violation. Page 201 of 246 ---PAGE BREAK--- No bar to other actions. Any imposition of a fine and/or imprisonment pursuant to this Subsection shall in no manner bar, otherwise preclude, or limit any of the other enforcement actions set forth in Section 67-612(d) of this Division. Future amendments. The penalties provided by this Section shall apply to the future amendment of any section of this Article, whether or not such penalty and/or punishment is reenacted in the amendatory ordinance. Conflict with federal or Georgia law. If it is deemed by an applicable court of competent jurisdiction that a punishment imposed under this Article conflicts with federal or Georgia law, the prevailing punishment shall be limited to the maximum permitted by law. Prosecution of violations. 1. The prosecution for violations of this Chapter shall be upon citation by an authorized county employee or upon accusation by the county attorney or upon accusation by such other attorney as the Board of Commissioners may designate. 2. The county attorney or a designated attorney shall be the prosecuting attorney in cases tried upon accusation. 3. The Chairperson, within his or her discretion, in any particular situation, may provide that ordinance violations may be tried upon citation without a prosecuting attorney. Jurisdiction and venue. Unless otherwise provided by Georgia law, the Pickens County Magistrate Court shall, in addition to any other court of competent jurisdiction as may be by law provided, have jurisdiction and venue to hear any case of a violation of this Chapter. Page 202 of 246 ---PAGE BREAK--- (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-615. – Other available actions. Upon any violation of this Chapter, in addition to other remedies, the Chairperson may direct that any legally available injunction, mandamus, or other appropriate action or proceeding be sought in an applicable court of competent jurisdiction to prevent or stop any unlawful act, or to correct or abate such violation. The taking of any action pursuant to Subsection of this Section or of a revocation pursuant to Subsection of this Section shall in no manner bar, otherwise preclude, or limit any of the other enforcement actions set forth in Section 67-612(d) of this Division. (Ord. of 5-22-2025, § 1 (Exh. Sec. 67-616. – Responsibility for expenditures necessary for compliance. All expenditures required to comply with any provision of this Chapter and/or with any determination, order, or similar action taken by the Pickens County Government shall be the obligation of any applicable “responsible person(s)”, and the Pickens County Government, its elected officials, officers, employees or agents shall not be responsible for such expenditures under any circumstances. “Responsible person(s)” shall mean any person that constitutes an applicable owner, agent of an owner, or other person that is otherwise responsible for any activity or item subject to regulation pursuant to this Chapter. The term “person” for purposes of this Section shall mean any individual, corporation, business trust, estate, trust, partnership, association, joint venture, utility, cooperative, or other legal or commercial entity. Requiring any responsible person to incur the cost of complying with any provision of this Chapter shall in no manner bar, otherwise preclude, or Page 203 of 246 ---PAGE BREAK--- limit any of the other enforcement actions set forth in Section 67- 612(d) of this Division. (Ord. of 8-18-2025 § 1 (Exh. Secs. 67-617 67-640. - Reserved. ARTICLE VI. – ZONING DECISIONS IMPACTING LAND USE IN UNINCORPORATED PICKENS COUNTY. DIVISION 1. – ZONING DECISIONS. Sec. 67-641. – Zoning ordinance. This Chapter constitutes a zoning ordinance as defined by O.C.G.A. § 36­ 66-3(5). This Chapter shall accordingly be administered in accordance with O.C.G.A. § 36-66-1 et seq., which is known as the Zoning Procedures Law. (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-642. – Zoning decisions. The provisions of the Zoning Procedures Law shall govern “zoning decisions” that concern the regulation of land use in Unincorporated Pickens County. “Zoning decisions” are defined by O.C.G.A. § 36-66-3(4) to include: 1. The adoption or repeal of a zoning ordinance. 2. The adoption of an amendment to a zoning ordinance which changes the text of the zoning ordinance. 3. The adoption or denial of an amendment to a zoning ordinance to rezone property from one zoning classification to another. 4. The grant or denial of a permit relating to a special use of property. Page 204 of 246 ---PAGE BREAK--- 5. The grant or denial of a variance, or conditions concurrent and in conjunction with a decision pursuant to item 3 or item 4. In the context of this Chapter, zoning decisions shall include: 1. Any repeal of this Chapter. 2. Amending the text of this Chapter. 3. Deciding to adopt an amendment or to deny a requested amendment to the Official Land Use Map pursuant to Division 2 of this Article, which shall include: a. Adopting, granting, or denying a change in the land use district classification of a subject property, that is a reclassification of a land use district as to that subject property. b. Granting or denying a Special Use Permit. Zoning decisions denoted in Subsection of this Section shall be made in accordance with the provisions of the aforementioned Zoning Procedures Law. (Ord. of 5-2-2005); (Res. of 8-25-2011); (Ord. of 3-18-2024, § II(A. - (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-643. – Exclusive power of the board of commissioners. The Board of Commissioners shall have the sole and exclusive power to make the zoning decisions specified in Section 67-642(c) that regulate and impact land use in Unincorporated Pickens County. (Ord. of 5-2-2005); (Res. of 8-25-2011); (Ord. of 3-18-2024, § II(A. - (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-644. – Initiation of consideration and action on zoning decisions. Initiation by the Board of Commissioners for the consideration of a zoning decision. Page 205 of 246 ---PAGE BREAK--- 1. The Board of Commissioners may consider and make any zoning decision specified in Section 67-642(c) on its own initiation pursuant to Section 67-643. 2. Should the Board of Commissioners initiate an action to consider and make a zoning decision referenced in Section 67-642(c)3, any fees that would otherwise be applicable shall not be imposed. Initiation by a property owner for the consideration of a zoning decision regarding a requested amendment to the Official Land Use Map. 1. A property owner may request an amendment to the Official Land Use Map as denoted by Section 67-642(c)3 pursuant to Section 67-682(b) and Section 67-683(a) of Division 2 of this Article. 2. In such a case, the Board of Commissioners shall consider the request for approval or denial pursuant to Section 67-683(d) after receiving a recommendation from the Planning Commission made in accordance with Section 67-683(c). Ord. of 8-18-2025 § 1 (Exh. Sec. 67-645. – Public hearings for the consideration of zoning decisions. At least one public hearing shall be held prior to the ultimate rendering of any zoning decision. Should the Board of Commissioners initiate a zoning decision for consideration and action pursuant to Section 67-644(a), the Board of Commissioners shall conduct the public hearing. Said public hearing shall comply with the requirements imposed by the aforementioned Zoning Procedures Law and this Article. Should a request for a zoning decision from a property owner come before the Planning Commission for its review and recommendation to the Board of Commissioners pursuant to Section 67-644(b), the Planning Commission shall conduct the public hearing in accordance with Section 67-686 and Section 67-688 of Division 2 of this Article. Page 206 of 246 ---PAGE BREAK--- (Ord. of 5-2-2005); (Res. of 8-25-2011); (Ord. of 3-18-2024, § II(A. - (Ord. of 8­ 18-2025 § 1 (Exh. Sec. 67-646. – Public notice of public hearings conducted by the Board of Commissioners. This Section sets forth the public notice requirements for public hearings conducted by the Board of Commissioners as referenced in Section 67­ 645(b). A public notice shall be published in a newspaper of general circulation in Pickens County at least fifteen (15) days, but not more than forty-five (45) days, prior to the scheduled public hearing. Such notice shall state the purpose, location, time and date of the public hearing. (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-647. – Public notice of public hearings conducted by the Planning Commission. Section 67-687 of Division 2 of this Article sets forth public notice requirements for public hearings conducted by the Planning Commission as referenced in Section 67-645(c). (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-648. – Prohibited actions. The action of any person that constitutes a usurpation or attempted usurpation of the sole and exclusive power of the Board of Commissioners to render a zoning decision as referenced in Section 67-643 shall be prohibited. See Section 67-45 of Division 1 of Article II of this Chapter. (Ord. of 8-18-2025 § 1 (Exh. Secs. 67-649 67-680. - Reserved. Page 207 of 246 ---PAGE BREAK--- DIVISION 2. – PROCEDURES FOR CONSIDERING AND MAKING ZONING DECISIONS TO AMEND THE OFFICAL LAND USE MAP. Sec. 67-681. – Zoning decisions impacting the Official Land Use Map. The making of an amendment to the Official Land Use Map constitutes a zoning decision pursuant to Section 67-642(c)3, which shall include: 1. Adopting a change or granting a requested change in the land use district classification of a subject property, that is, a reclassification of a land use district as to that subject property. 2. Granting a Special Use Permit. A denial of a request by a property owner to make an amendment to the Official Land Use Map shall also constitute a zoning decision pursuant to Section 67-642(c)3, which shall include: 1. Denying a requested reclassification of a land use district as to that subject property. 2. Denying a request for a Special Use Permit. (Ord. of 5-2-2005); (Res. of 8-25-2011); (Ord. of 3-18-2024, § II(A. - (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-682. – Initiation of amendments or requested amendments to the Official Land Use Map. The Board of Commissioners may consider and amend the Official Land Use Map on its own initiation pursuant to Section 67-644(a) with regard to a reclassification of the land use district of a subject property. Said amendments shall not be subject to the review of the Planning Commission. A property owner may initiate an amendment to the Official Land Use Map pursuant to Section 67-644(b) and Section 67-683(a) with regard to a requested reclassification of the land use district of a subject property or a requested Special Use Permit. Page 208 of 246 ---PAGE BREAK--- (Ord. of 5-2-2005); (Res. of 8-25-2011); (Ord. of 3-18-2024, § II(A. - (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-683. – Actions by parties when a property owner initiates a requested amendment to the Official Land Use Map. Property owner. To initiate the process for a requested amendment to the Official Land Use Map, the applicable property owner or the property owner’s duly authorized agent (referred to interchangeably as the “applicant”) shall file an application (“Land Use Map Amendment Application”) described in Section 67-684 pursuant to Section 67-682(b). Planning & Development Department. 1. The Planning & Development Department shall review a Land Use Map Amendment Application filed by an applicant pursuant to Subsection of this Section and shall prepare a report thereon, considering the applicable provisions in this Article, including the decision criteria set forth in Section 67-685. 2. Said report shall be submitted to the Planning Commission and to the Board of Commissioners. 3. Said report shall also be made available to the applicant prior to any public hearing scheduled on the matter. Planning Commission. 1. The Planning Commission is hereby delegated the authority and responsibility by the Board of Commissioners to conduct public hearings on all Land Use Map Amendment Applications provided to it by the Planning & Development Department. 2. The Planning Commission is also hereby delegated the authority and responsibility to provide a recommendation to the Board of Commissioners to approve or deny any Land Use Map Amendment Application about which said public hearing has been conducted. Page 209 of 246 ---PAGE BREAK--- a. Said recommendations by the Planning Commission shall be formulated in consideration of: i. The applicable decision criteria set forth in Section 67-685. ii. The report provided by the Planning & Development Department pursuant to Subsection of this Section. iii. The information received from the public hearing. b. Said recommendations by the Planning Commission shall be advisory only. c. In its advisory capacity, the Planning Commission may recommend one of the following with regard to any particular Land Use Map Amendment Application: i. Approval of a reclassification of a land use district for a subject property or of a Special Use Permit. ii. Approval with conditions regarding a requested reclassification of a land use district for a subject property. Approval with deleted or added conditions regarding a requested Special Use Permit. iii. Denial of a reclassification of a land use district for a subject property or of a Special Use Permit. d. The applicant shall be notified in writing of the Planning Commission's recommendation within thirty days (30) days of the conclusion of the public hearing or within thirty (30) days of its recommendation, if said recommendation is not made at the public hearing. Board of Commissioners. 1. Upon receipt of the recommendation from the Planning Commission pursuant to Subsection of this Section, the Board of Page 210 of 246 ---PAGE BREAK--- Commissioners shall have ninety (90) days following the receipt of the Planning Commission's recommendation, or the expiration of the forty-five (45) days allotted for the Planning Commission's recommendation if no recommendation is forthcoming, to render a final decision on the Land Use Map Amendment Application. 2. The Board of Commissioners may take one of the following actions with regard to a Land Use Map Amendment Application to amend the Official Land Use Map: a. Approval of a reclassification of a land use district for a subject property or of a Special Use Permit (on the basis of the acceptance of conditions proposed by the applicant, deletion of conditions proposed by the applicant, and/or the addition of its own conditions.) b. Approval of a reclassification of a land use district for a subject property with conditions as may be recommended by the Planning Commission and/or as may be imposed by it. i. Such an approval with conditions shall constitute a “Conditional Land Use Reclassification” which shall cause the subject land use to be a permissible land use in the applicable land use district for as long as the imposed conditions are followed. ii. The failure to follow the conditions imposed by a Conditional Land Use Reclassification shall be prohibited. iii. A Conditional Land Use Reclassification does not constitute a Special Use Permit as described in Section 67-175(c). c. Denial of a reclassification of a land use district for a subject property or of a Special Use Permit. 3. Further, with regard to Subsections (c)1 and (c)2, the Board of Commissioners may: Page 211 of 246 ---PAGE BREAK--- a. Reduce the land area for which the Land Use Map Amendment Application is made. b. Change the land use district to a land use district which is no more intense than the one proposed by the applicant. c. Otherwise modify the Land Use Map Amendment Application in its discretion in a manner that is no more intense than the one proposed by the applicant. 4. In rendering its decision, the Board of Commissioners shall consider the: a. Recommendation of the Planning Commission pursuant to Subsection of this Section. b. Report provided by the Planning & Development Department pursuant to Subsection of this Section. c. The applicable decision criteria set forth in Section 67-685. 5. The Board of Commissioners may also allow the Land Use Map Amendment Application to be withdrawn, with or without prejudice. 6. Upon making the final decision, the applicant shall be notified in writing of the decision within thirty (30) days of the date such decision is rendered. 7. Failure by the Board of Commissioners to take action within this time period shall result in the Land Use Map Amendment Application standing as denied. (Ord. of 5-2-2005); (Res. of 8-25-2011); (Ord. of 3-18-2024, § II(A. - (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-684. – Applications for amendments to the official land use map. The following application materials referred to collectively as the “Land Use Map Amendment Application” shall be submitted to the Planning & Page 212 of 246 ---PAGE BREAK--- Development Department to initiate the processing of a request for any amendment to the Official Land Use Map: 1. An application form supplied by the Planning & Development Department. 2. A legal description of the property. 3. A survey plat of the property. 4. A letter of intent describing the proposed use of the property. 5. In the case of a Land Use Map Amendment Application filed by the duly authorized agent of a property owner, a written permission from the property owner for the agent to act on the property owner’s behalf. 6. A filing fee, the amount of which is determined from time to time by resolution of the Board of Commissioners. 7. Any other information specified by the Planning & Development Department to evaluate compliance with this Chapter. The Land Use Map Amendment Application referenced in Subsection shall be submitted to the Planning & Development Department for processing. The Land Use Map Amendment Application shall be complete and accurately prepared before it can be accepted by the Planning & Development Department. Upon the receipt and verification of all such complete and accurate items, the Planning & Development Department shall schedule the request for the public hearing to be conducted by the Planning Commission pursuant to Section 67-683(c)1. (Ord. of 5-2-2005); (Res. of 8-25-2011); (Ord. of 3-18-2024, § II(A. - (Ord. of 7-21-2025, § 1 (Exh. Page 213 of 246 ---PAGE BREAK--- Sec. 67-685. – Decision criteria for consideration for zoning decisions regarding potential amendments to the official land use map. The criteria in Subsections and of this Section shall be utilized as follows in making amendments to the Official Land Use Map: 1. By the Planning & Development Department in preparing reports pursuant to Section 67-683(b) for submission to the Planning Commission and to the Board of Commissioners. 2. By the Planning Commission in recommending or not recommending requested amendments pursuant to Section 67-683(c) for consideration by the Board of Commissioners. 3. By the Board of Commissioners in approving or denying requested amendments upon recommendation by the Planning Commission pursuant to Section 67-683(d) or on considering amendments on its own initiation pursuant to Section 67-644(a) and Section 682(a). Criteria regarding amendments involving reclassification of land use districts. 1. Impact on desirable growth or undesirable growth. Whether the proposed amendment would have a short-term impact, intermediate- term impact, and/or long-term impact on the surrounding area and more generally on Unincorporated Pickens County in terms of encouraging desirable growth or deterring undesirable growth, such as is characterized by unwarranted high-building-density and/or high- population density. 2. Compatibility with adjacent uses and districts. Whether the proposed reclassification of the property to a different land use district is suitable considering the existing uses and land use districts of surrounding and nearby properties, and whether the proposal will adversely affect the existing use or usability of adjacent or nearby properties. Page 214 of 246 ---PAGE BREAK--- 3. Property value. Whether the property value of the subject property is being diminished by the existing land use district classification and/or whether the value would or could be enhanced by the proposed reclassification. 4. Suitability. The suitability of the subject property under the existing land use district classification versus the suitability of the subject property under the proposed land use district classification. 5. Vacancy and marketing. If vacant or unused, the length of time the subject property has been vacant or unused under the current land use district classification; and any efforts taken by the property owner(s) to use the property or sell the property under the existing land use district classification. 6. Public facilities and services impact. Whether the request for classification would result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, schools, parks, or other public facilities and services. 7. Consistency with comprehensive plan. Whether the proposal is in conformity with the policy and intent of the locally adopted comprehensive plan. 8. Other conditions. Whether there are any other existing or changing conditions affecting the use and development of the property, which give supporting grounds for either approval or disapproval of the proposal. Criteria regarding amendments involving the issuance of special use permits. 1. Building-density implications posed by the proposed special use for the surrounding area and for the broader Unincorporated Pickens County. Page 215 of 246 ---PAGE BREAK--- 2. Population-density implications posed by the special use for the surrounding area, and for the broader Unincorporated Pickens County. 3. Implications of the proposed special use to emergency responses by public safety agencies within the surrounding area. 4. Consistency of the proposed special use with compatibility to and impacts on nearby land uses. 5. The impact of the proposed special use on traffic volume, patterns, and risks in the surrounding area. 6. The capability and availability of public facilities, utilities, and potable water to adequately serve the proposed special use, as well as the potential impact of the use on the ability of those services to continue adequately serving surrounding areas, particularly in the absence of a municipal water supply. 7. The amount and location of open spaces and vegetative screening related to the proposed special use, to ensure compatibility with the surrounding areas and to preserve the aesthetic qualities of the surrounding area. 8. The extent to which the proposed special use would impact property values, public health and welfare, quality of life, and the overall character of surrounding land uses and the general area. 9. The suitability of the physical conditions of the site for the proposed special use, including but not limited to its size, shape, topography, and drainage. 10. The consistency of the proposed special use with the goals and objectives of the comprehensive plan. 11. The satisfaction of all requirements of the Code, Georgia law, and federal law applicable to proposed special use. Page 216 of 246 ---PAGE BREAK--- 12. Any other factors deemed relevant by the Planning & Development Department, the Planning Commission, or the Board of Commissioners. (Ord. of 5-2-2005); (Res. of 8-25-2011); (Ord. of 3-18-2024, § II(A. - (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-686. – Public hearings before the planning commission. A public hearing shall be conducted by the Planning Commission on any potential amendment to the Official Land Use Map that is requested by a property owner pursuant to Section 67-644(b). Said public hearing shall be held not more than sixty (60) days after the filing of a complete and accurate Land Use Map Amendment Application with the Planning & Development Department. Said public hearing is predicated upon the satisfaction of the public notice requirements set forth in Section 67-687. Said public hearing shall comply with the requirements imposed by the aforementioned Zoning Procedures Law and this Article. (Ord. of 5-2-2005); (Res. of 8-25-2011); (Ord. of 3-18-2024, § II(A. - (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-687. – Public notice of public hearings on proposed amendments to the official land use map. Notice by newspaper. 1. Public notice for a public hearing on a proposed amendment to the Official Land Use Map shall be published in a newspaper of general circulation in Pickens County at least fifteen (15) days, but not more than forty-five (45) days, prior to the scheduled public hearing. 2. Such notice shall state the purpose, location, time and date of the public hearing. Page 217 of 246 ---PAGE BREAK--- 3. For a proposed amendment to the Official Land Use Map that would involve a change in the land use district classification of the property, the public notice shall specifically include: a. The current land use district classification of the property b. The proposed land use district classification of the property. c. The location of the subject property. d. The nature of the proposed amendment. 4. For a proposed amendment to the Official land Use Map that would involve the issuance of a Special Use Permit, the public notice shall specifically include: a. The proposed special use of the subject property. b. The current land use district classification of the property. Notice by signage. 1. When a public hearing on a proposed amendment to the Official Land Use Map will be conducted, the Planning & Development Department shall cause to have posted in a conspicuous place on the subject property one or more signs(s), which: a. Shall be not less than twelve square feet (12 ft2) in area. b. Shall contain information as to the proposed change and the date, time, and location of the public hearing before the applicable public hearing body. 2. For a proposed amendment to the Official Land Use Map that would involve a change in the land use district classification of the property, the signage shall specifically include: a. The current land use district classification of the property. b. The proposed land use district classification of the property. Page 218 of 246 ---PAGE BREAK--- 3. For a proposed amendment to the Official Land Use Map that would involve the issuance of a Special Use Permit, the signage shall specifically include: a. The proposed special use of the subject property. b. The current land use district classification of the property. 4. No public hearing shall take place until required signage has been posted for at least fifteen (15) days, but not more than forty-five (45) days prior to the scheduled public hearing to which the signage applies. (Ord. of 5-2-2005); (Res. of 8-25-2011); (Ord. of 3-18-2024, § II(A. - (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-688. – Procedures for conducting public hearings before the planning commission. This Section establishes rules which shall be applicable to the Planning Commission in the conduct of all public hearings. The Planning Commission shall follow such rules for the conduct of public hearings. Nothing contained herein shall be construed as prohibiting the Planning Commission from conducting the public hearing in an orderly and decorous manner to assure the public hearing on a Land Use Map Amendment Application is conducted in a fair and orderly manner, provided the minimum requirements of the Zoning Procedures Law are met. These rules shall be made available for all public hearings conducted by the Planning Commission. The rules for the conduct of the public hearing may be summarized and verbally stated by a member of the Planning Commission or a staff representative prior to the conduct of the first public hearing scheduled for consideration. Page 219 of 246 ---PAGE BREAK--- The rules for the conduct of the public hearing by the Planning Commission are as follows: 1. Call and commencement of hearing. a. The presiding officer or authorized delegate of the Planning Commission shall indicate that a public hearing has been called for the consideration of said Land Use Map Amendment Applications. b. Thereupon, the Planning Commission shall consider each Land Use Map Amendment Application on an individual basis in the order of the published agenda, or as otherwise called by the presiding officer or authorized delegate. c. The presiding officer may at any time accept into the record any written comments, petitions, plats, photographs, or other documentary evidence from proponents or opponents to the proposed amendment to the Official Land Use Map. 2. Report by the Planning & Development Department. a. The presiding officer shall call upon the Planning & Development Department to make a report, if any, concerning the Land Use Map Amendment Application. b. The Planning & Development Department shall then give the report, if any, for said Land Use Map Amendment Application. 3. Presentation by applicant. a. The presiding officer shall call on the applicant or applicant's agent who shall present and explain the Land Use Map Amendment Application. b. It shall be the duty of the applicant to carry the burden of proof that the Land Use Map Amendment Application promotes the public health, safety or general welfare. Page 220 of 246 ---PAGE BREAK--- c. The applicant of a proposed amendment to the Official Land Use Map, or the applicant’s attorney at law or in fact, must be present at the public hearing to present the merits of the Land Use Map Amendment Application. d. The failure of an applicant or the applicant’s legal representative to attend the public hearing may result in the Planning Commission making an unfavorable advisory recommendation on the proposed amendment to the Official Land Use Map due thereto. 4. Determination of interested parties. a. Following the applicant's presentation, the presiding officer may ask for a show of hands of those persons who wish to appear in support of/or opposition to the petition. b. If it appears that the number of persons wishing to appear in support of/opposition to the petition is in excess of that which may reasonably be heard, the presiding officer may request that a spokesperson for the group be chosen to make presentations. c. Proponents and opponents of each Land Use Map Amendment Application shall have not less than ten (10) minutes per side to present data, evidence, and opinions on the Land Use Map Amendment Application. d. Regardless of the amount of time each side shall be given, each side shall have the same amount of time to present with respect to the Land Use Map Amendment Application. 5. Public testimony. a. Prior to speaking, each speaker will identify himself or herself by name, and state his or her current address. b. Each speaker shall speak only to the merits or liabilities of the Land Use Map Amendment Application under consideration, and Page 221 of 246 ---PAGE BREAK--- shall address his or her remarks only to the Planning Commission. c. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the Land Use Map Amendment Application under consideration. d. The presiding officer may limit or refuse a speaker the right to continue, if the speaker after first being cautioned continues to violate these procedures. 6. Applicant's rebuttal. a. After public testimony, if any time remains, the applicant or applicant's agent shall be allowed a short opportunity for rebuttal and final comment. b. Those speaking in opposition shall only be granted additional speaking opportunity if any time remains, and if the presiding officer determines that new evidence was presented during rebuttal. 7. Close of public hearing. After the above procedures have been completed, the presiding officer will indicate that the public hearing is formally closed, and the public hearing shall not be reopened except upon formal vote of the Planning Commission; provided, however, that this provision shall not require the closure of a public hearing where at the discretion of the Planning Commission the hearing should be continued at a later time or date. 8. Recess of hearing. a. The Planning Commission, for any reason it deems necessary or desirable, may recess or continue a hearing. b. Upon recessing or continuing a hearing, the Planning Commission shall announce the time, date, and place when the Page 222 of 246 ---PAGE BREAK--- hearing or hearings will resume, and such public announcement shall be considered sufficient notice thereof to all persons. 9. Vote. a. After the public hearing is closed, the Planning Commission may vote upon the Land Use Map Amendment Application. b. Prior to voting, the Planning Commission shall consider evidence and public testimony presented at the hearing, and the Planning Commission shall consider the applicable criteria specified in Section 67-686 for said Land Use Map Amendment Application. c. At such public hearings as herein required to be held by the Planning Commission, the Planning Commission at the conclusion of the public hearing, or within a specified time thereafter may, by motion, send forth to the Board of Commissioners a written recommendation for granting the Land Use Map Amendment Application, granting that application with conditions, or for its denial, along with a summary of the proceedings of the hearing, a recording, or transcript thereof. 10. Forwarding of Recommendation. a. The recommendation of the Planning Commission shall be forwarded to the Board of Commissioners within forty-five (45) days after the close of the aforementioned public hearing. b. Failure of the Planning Commission to send forth a timely written recommendation shall constitute no recommendation by the Planning Commission as to the proposed amendment to the Official Land Use Map. (Ord. of 5-2-2005); (Res. of 8-25-2011); (Ord. of 3-18-2024, § II(A. - (Ord. of 8-18-2025 § 1 (Exh. Sec. 67- 689. – Withdrawal of the land use map amendment application. Page 223 of 246 ---PAGE BREAK--- Any Land Use Map Amendment Application may be withdrawn at any time prior to the public hearing on said application by the person or entity initiating such a request, upon written notice to the Planning & Development Department. No filing fee for said application will be refunded in the event of such withdrawal. (Ord. of 5-2-2005); (Res. of 8-25-2011); (Ord. of 3-18-2024, § II(A. - (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-690. – Limitations on new land use map amendment applications. In a case where a Land Use Map Amendment Application is denied by the Board of Commissioners, the same property shall not again be eligible for consideration until a period of six months has elapsed from the date of said denial. (Ord. of 5-2-2005); (Res. of 8-25-2011); (Ord. of 3-18-2024, § II(A. - (Ord. of 8-18-2025 § 1 (Exh. Sec. 67-691. – Special procedures for requesting amendments to the land use map involving proposed changes from a higher density land use district to a lower density land use district. Notwithstanding any other provision of this Chapter, this Section shall apply to any Land Use Map Amendment Application seeking to reduce a higher density land use district to a lower density land use district, which shall be referred to as a "Lowered Density Amendment". Division 3 of Article III provides a description of each land use district. Applications for a Lowered Density Amendment shall include: 1. Any application seeking to reduce any other land use district to the land use district of AG; 2. Any application seeking to reduce an IND, HB, NC, SRPC, SPC, UR, SR, RR, and/or ER land use district to the land use district of SA; Page 224 of 246 ---PAGE BREAK--- 3. Any application seeking to reduce an IND, HB, NC, SRPC, SPC, UR, SR, and/or RR land use district to the land use district of ER; and/or 4. Any application seeking to reduce a SRPC, SPC, UR and/or SR land use district to the land use district of RR. Any Land Use Map Amendment Application seeking a Lowered Density Amendment shall not require the payment of a filing fee. The Land Use Map Amendment Application shall be reviewed by the Planning & Development Department, and a report shall be prepared to confirm that the application constitutes a Lowered Density Amendment as defined above. Upon such confirmation, the Land Use Map Amendment Application shall be subject to a public hearing before the Board of Commissioners in compliance with the applicable provisions of this Article. The Board of Commissioners shall render a final decision in accordance with the applicable provisions of this Article. (Ord. of 3-18-2024, § II(A. - (Ord. of 5-12-2025, § 1 (Exh. (Ord. of 8­ 18-2025 § 1 (Exh. Sec. 67-692. – Special procedures for requesting amendments to the land use district map involving proposed changes to the land use districts of rural business and institutional. Notwithstanding any other provision of this Chapter, this Section shall apply to any Land Use Map Amendment Application seeking to make a change in the land use district classification of a qualifying land use to a Rural Business (RB) classification or to an Institutional (INST) classification. Division 3 of Article III provides a description of each land use district. Any Land Use Map Amendment Application seeking such a reclassification shall not be required to pay a filing fee. Page 225 of 246 ---PAGE BREAK--- The Land Use Map Amendment Application shall be reviewed by the Planning & Development Department, and a report shall be prepared which recommends the application for approval or denial. Upon receipt of the recommendation from the Planning & Development Department, the Land Use Map Amendment Application shall be subject to a public hearing before the Board of Commissioners, in compliance with the applicable provisions of this Article. The Board of Commissioners shall render a final decision in accordance with the applicable provisions of this Article. (Ord. of 8-18-2025 § 1 (Exh. Secs. 67-693 67-730. - Reserved. ARTICLE VII. – GLOSSARY OF TERMS. DIVISION 1. IN GENERAL. Sec. 67-731. – Purpose. This Article contains the definitions of various words and phrases that are utilized in this Chapter. Should the definition of a particular word or phrase be set forth both in this Article and in another article of this Chapter, and should there be conflict or ambiguity between the respective definitions, the definition provided in the other article shall take precedence over the definition provided in this Article. Any word or phrase used in this Chapter which is not defined in this Article or in any other article of this Chapter shall have its customary dictionary definition when such meaning is consistent with the context of usage in this Chapter. Secs. 67-732 67-750. - Reserved. DIVISION 2. DEFINITIONS. Page 226 of 246 ---PAGE BREAK--- Abandoned property: Wrecked or derelict property having no value other than nominal salvage value, if any, which has been left abandoned and unprotected from the elements, and shall include wrecked, inoperative, or partially dismantled motor vehicles, trailers, boats, machinery, refrigerators, washing machines, plumbing fixtures, furniture, and any other similar article which has no value other than nominal salvage value, if any, and which has been left abandoned and unprotected from the elements. Abutting: Having property lines in common or having property separated by only an alley. Separation by a street right-of-way is not considered abutting. Agriculture: The commercial cultivation or growth from, or on the land of, horticultural, floricultural, forestry, dairy, livestock, poultry, and apiarian products. Animal hospital: A building used for the medical treatment, housing, or boarding of small domestic animals such as dogs, cats, rabbits, and birds or fowl by a veterinarian. Animal shelter: See Kennel. Apartment building: A building designed for, or occupied exclusively by, three or more households with separate housekeeping facilities for each household. Assisted living facility: Residences for the frail elderly that provide rooms, meals, personal care, and supervision of self-administered medication. They may also provide other services incidental to the above. For purposes of this Chapter, assisted living facilities are considered institutionalized residential living and care facilities. Automobile sales and service establishment: New and used car, truck, tractor, trailer, boat, recreational vehicle, camper, and other motorized vehicle sales, leasing, rental, and service, including mobile and manufactured home and modular building sales, and agricultural implements and equipment sales. This definition includes automotive services such as rental car facilities, body, paint, automotive glass, transmission, and tire repair shops, car washes, Page 227 of 246 ---PAGE BREAK--- including automated and staffed facilities, and oil change and lubrication facilities. Bed and breakfast home: A single-family dwelling occupied by the owner as his/her principal residence that offers transient lodging, accommodations, and breakfast for compensation, provided that the rental occupants shall not reside at the bed and breakfast for more than seven consecutive days; breakfast is the only meal served, and only to the registered overnight guests; no person who is not a resident on the premises is employed; the exterior appearance of the dwelling is not altered from its residential character except for safety purposes; and the identification sign shall be no larger than two square foot (2 ft2) and not internally lighted. Bed and breakfast inn: A building, not necessarily owner-occupied, that offers transient lodging accommodations and breakfast for four or more guest rooms for compensation, provided that there is compliance with the same licensing, inspection, and taxation requirements as hotels, motels, and restaurants; if within a residential district, the building shall be residential in character; breakfast is the only meal served, and only to overnight guests; the owners may have employees; the owner shall provide one off-street parking space for each rental room and one space for each employee; and in a residential district, signage shall be limited to one sign and maximum size of two square feet. Berm: An earthen mound or embankment, usually two to six feet in height, designed to provide visual interest, screen views, reduce noise, or fulfill other such purposes. Boarding house: A building, where for compensation, both lodging and meals are provided for not more than ten (10) persons, provided that a single-family dwelling shall not be deemed to be a boarding house by reason of a contribution to or expense sharing arrangement with the owner or tenant occupying the dwelling by a person related by blood or marriage. Board of Commissioners: The Board of Commissioners of Pickens County, Georgia, constituting the governing authority of Pickens County, Georgia, thereby having and exercising the powers, duties, and responsibilities vested in Page 228 of 246 ---PAGE BREAK--- and upon it, its Chairman, and its District Commissioners by Georgia law and this Code of Ordinances, Pickens County, Georgia. Buffer: A natural or enhanced vegetated area usually intended to screen and separate incompatible uses. Buildable area: The portion of a tract, parcel, lot, or other area of land where a structure or building may be located because it is not within any minimum required yard, landscape strip/area, or buffer. Building: Any structure having a roof supported by columns or by walls and which is designed for the shelter, support, or enclosure of persons, animals, or property of any kind. Building, height of: The vertical distance measured from the grade to the highest point of the coping of a flat roof to the deck lines of a mansard roof, or to the mean height level between the eaves and ridge of a gable, hip, or gambrel roof. Grade is defined as the average elevation of the ground on all sides of a building. Building, principal: A building in which is conducted the principal use of the tract, parcel, lot, or other area of land on which said building is situated. Building setback line: The line that is the required minimum distance from the street right-of-way or any other lot line that establishes the area within which walls of a structure must be erected or placed. Covered porches, whether enclosed or not, shall be considered as a part of the building, and shall not project into any required yards. The minimum measurement is to the wall, not the eave/overhang, and a cantilever building design measures to any wall projecting nearest to the property lines. For purposes of this Chapter, a building setback line and minimum required yard shall be considered the same. On a corner lot, there is a minimum front yard setback requirement on both streets, and both interior property lines shall require a minimum side yard setback. Business service establishment: A facility engaged in support functions to establishments operating for a profit on a fee or contract basis, including but not limited to: advertising agencies, photocopying, blueprinting and duplication services, mailing agencies, commercial art and graphic design; personnel supply Page 229 of 246 ---PAGE BREAK--- services and employment agencies, computer and data processing services, detective, protective, and security system services, accounting, auditing, and bookkeeping services, publications and business consulting firms, food catering, interior decorating, and locksmiths. Campground: A tract, parcel, lot, or other area of land used or intended to be used, let, or rented for occupancy by campers, or for occupancy by camping trailers, tents, or movable or temporary dwellings, rooms, or sleeping quarters of any kind. Cemetery: A place for the burial of the dead, including a mausoleum and columbarium. Church: A building or structure, or groups of buildings or structures that by design and construction is primarily intended for conducting organized religious services. Associated accessory land uses include, but are not limited to, schools/kindergartens, meeting halls, indoor/outdoor recreational facilities, day care, cemeteries (see size requirements in the permitted use table), and counseling. Clinic: An institution or professional office, other than a hospital or nursing home, where persons are counseled, examined, and/or treated by one or more persons, providing any form of healing or medical health service. Persons providing these services may offer any combination of counseling, diagnostic, therapeutic, or preventative treatment, instruction, or services, and which may include medical, physical, or mental services, and facilities for primarily ambulatory persons. A clinic allows lodging and care in cases of medical necessity. Club, nonprofit: A building or premises used for associations or organizations of an educational, fraternal, or social character, not operated or maintained for profit. Representative organizations include Elks, Veterans of Foreign Wars, and Lions. The term shall not include casinos, bottle clubs, or other establishments operated or maintained for profit. Cluster homes: Homes that may consist of townhouses, attached or detached single-family units, with or without garages, at a maximum density of six units per acre that are located within areas served by water. Page 230 of 246 ---PAGE BREAK--- Columbarium: A vault with niches for urns containing the ashes of cremated bodies. Commercial activities: A regular course of commercial conduct or a particular commercial transaction or act. Commercial and data mining center: Leased or owned boundaries of floor space devoted to commercial and data mining operations, but excluding spaces for commercial offices, storage, shipping and receiving, warehousing, or any other space that is not devoted to commercial and data mining operations. Commercial and data mining operations: The commercial process by which transactions are verified and added to the public ledger, known as the block chain, and also the means through which new units of are released, through the use of commercial server farms within commercial and data mining centers employing data processing equipment. The use of any equipment requiring a high-density load service, for a commercial server farm within a commercial and data mining center will constitute commercial and data mining operations. Commercial server farm: One computer or multiple computers housed in a commercial and data mining center for the purpose of conducting commercial and data mining operations. Commercial outdoor firing/shooting ranges: Any facilities where outdoor firing of firearms is performed on a commercial basis requires a fee or membership,) including but not limited to target practice, skeet and trap shooting, mock war games, and temporary competitions. Commercial recreational facility, indoor: A use that takes place within an enclosed building that involves the provision of sports and leisure activities to the general public for a fee, including but not limited to the following: assembly halls, auditoriums, meeting halls, art galleries and museums, billiard halls and pool rooms, amusement halls, video arcades, ice and roller skating rinks, fully- enclosed theaters, physical fitness centers and health clubs. Page 231 of 246 ---PAGE BREAK--- Commercial recreational facility, outdoor: A use of land and/or buildings that involves the provision of sports and leisure activities to the general public for a fee, including but not limited to the following: stadiums, amphitheaters, circuses and carnivals, fairgrounds, drive-in theaters, golf driving ranges, miniature golf courses, batting cages, race tracks for animals or motor-driven vehicles, turkey shoots, trout ponds, equestrian centers, and horse and pony riding rinks, botanical and zoological gardens, recreational vehicle parks, ultra-light flight parks, and bungee jumping. A golf course and private club that is built as part of a single-family residential subdivision and that operates in a quasi-public manner is not considered to be an outdoor commercial recreational facility. Commercial solar power energy device: A system or series of mechanisms designed to conduct commercial solar power generation. Commercial solar power generation: The commercial process by which energy from the sun is converted into electrical power, mechanical power, or any combination thereof, through the use of a commercial solar power generation facility. Commercial solar power generation facility: A commercial solar energy device, together with any equipment or other personal property and improvements under common ownership, that are used to support the operation of such a commercial solar energy device or commercial solar energy devices, including, but not limited to, underground or aboveground electrical transmission or communications lines, electric transformers, battery storage facilities, telecommunications equipment, roads, meteorological towers, solar panels and maintenance yards. Compatibility: With regard to development, the characteristics of different land uses or activities that permit them to be located near each other in harmony and without conflict. With regard to buildings, it implies harmony in appearance of architectural features in the same vicinity. Condominium: A building or group of buildings, in which units are owned individually, and the structure, common areas, and facilities are owned by all of the owners on a proportional, undivided basis. Page 232 of 246 ---PAGE BREAK--- Contractor's establishment: An establishment engaged in the provision of construction activities, including but not limited to, plumbing, electrical work, building, grading, paving, roofing, carpentry, landscaping companies, and other such activities, including the storage of material and the overnight parking of commercial vehicles. A digital currency in which techniques are used to regulate the generation of units of currency and verify the transfer of funds, operating independently of a central bank. Curb cut: The providing of vehicular ingress and/or egress between property and an abutting public street. Day care center: Any place operated by a person, society, agency, corporation, institution, or group, and licensed or registered by the State of Georgia and licensed by the Pickens County Government as a group day care home or day care center, wherein are received for pay for group supervision and care, for fewer than twenty-four hours (24 hrs) per day, seven or more children under eighteen (18) years of age. Density: The permitted number of dwelling units per gross acre of land to be developed. Development: Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of materials. Drive-through: A retail or service enterprise wherein service is provided or goods are sold to the customer within a motor vehicle and outside of a principal building. Dwelling: A building which is designed or used exclusively for residential purposes, other than a mobile home, recreation vehicles, or motels and hotels. Dwelling, multi-family: A building designed for, or occupied exclusively by, three or more families or households with separate housekeeping facilities for each family. Page 233 of 246 ---PAGE BREAK--- Dwelling, senior: A multi-family residence with eighty percent (80%) or more of the dwelling units occupied by residents, ages sixty-two (62) and over or handicapped; or couples where either the husband or wife is sixty-two (62) years of age or older; and does not include convalescent or nursing facilities. Dwelling, single-family: A building designed or arranged to be occupied by one family or household only. Dwelling, two-family (duplex): A building designed or arranged to be occupied by two families or households living independently of each other. Dwelling unit: A building containing one or more rooms, and forming a single habitable unit with individual permanent bathroom and kitchen facilities, and is used or intended to be used for living, sleeping, cooking, and eating purposes of a single-family. Extended stay facility: A motel-like facility in which 50 percent (50%) or greater of all guest rooms have facilities for both the storage, refrigeration, and preparation of food, and/or which are advertised, designed, or used for weekly, or longer occupancy. (See "lodging services" in the permitted use table.) Family: An individual, or two or more persons, occupying a dwelling unit appropriately sized for the number of persons living as a single household unit, as distinguished from a group occupying a rooming/boardinghouse, a lodging service, fraternity, sorority, and club. Family day care home: A private residence in which a business is operated by any person who receives therein (for pay), for supervision and care, for fewer than twenty-four hours (24 hr) per day, three to not more than six children/adults who are not residents in the same private residence. For purposes of this Chapter, a family day care home may be operated as a home occupation, subject to the requirements of this Chapter. Fence: An enclosure or barrier, composed of wood, masonry, stone, wire, iron, or other materials, or combination of materials used as a boundary, means of protection, privacy screening, or confinement, including brick or concrete walls, but not including hedges, shrubs, trees, or other natural growth. Page 234 of 246 ---PAGE BREAK--- Fence, solid: A fence, including entrance and exit gates, where access openings appear, through which no visual images can be seen. Finance, insurance, and real estate establishment: Such uses include but are not limited to banks, savings and loan institutions and credit unions, security and commodity exchanges, insurance agents, brokers, and service real estate brokers, agents, managers, and developers, trusts, and holding and investment companies. Flea market: Open air business. Group home: A single-family dwelling, housing persons who are mentally/physically handicapped, elderly, terminally ill, AIDS/HIV victims, Alzheimer's patients, or children and teens with emotional problems, operating as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship, providing the organization and stability of a home environment. Guesthouse: A lodging unit for temporary guests in an accessory building. No guesthouse shall be rented or otherwise used as a separate dwelling. Halfway house: A building for temporary residence by nonrelated persons, who are recovering from alcohol abuse or other chemical-based substances, with one or more surrogate parents that provide services that include room, meals, supervision, rehabilitation, and counseling to enable residents to move back into society and live independently. Health service: Health care facilities as well as establishments providing support to the medical profession and patients, such as medical and dental laboratories, blood banks, oxygen, and miscellaneous types of medical supplies and services; and offices of doctors, dentists, and other medical practitioners. Health spa: An establishment which, for profit or gain, provides as one of its primary purposes services or facilities which are purported to assist patrons improve their physical condition or appearance through change in weight, weight control, treatment, dieting, or exercise. The term includes establishments designated as "reducing salons", "exercise gyms", "health studios", "health clubs", and other terms of similar import. Not included within this definition are Page 235 of 246 ---PAGE BREAK--- facilities operated by nonprofit organizations, facilities wholly owned and operated by a licensed physician at which such physician is engaged in the practice of medicine, or any establishment operated by a health care facility, hospital, intermediate care facility, or skilled nursing care facility. High density load service: The provision of electrical service where the requested load density has, for any billing period, either an average power demand in excess of three hundred kilowatts (300 kW), or an average power density in excess of two-hundred-fifty (250) kilowatt-hours per year, per commercial and data mining center square foot, equivalent to 35.064 square feet per kilowatt, at 100 percent (100%) load factor. Home occupation: An occupation carried on entirely within a residence by the occupants thereof, which activity is clearly incidental to the use of the residence as a dwelling, and which does not change the residential character thereof, and is conducted in a manner as to not give any outward appearance of a business in the ordinary meaning of the term. This occupation does not infringe upon the right of neighboring residents to enjoy a peaceful occupancy of their homes for which purpose the residential use district was created and primarily intended. Homeless shelter: A location providing shelter that provides safe, sanitary, and decent facilities for the sheltering of persons who have no access to or can reasonably be expected not to have access to either traditional or permanent housing which can be considered safe, sanitary, decent, and affordable. Impervious surface: A manmade structure or surface, which prevents the infiltration of storm water into the ground below the structure or surface. Examples are buildings, roads, driveways, parking lots, decks, swimming pools, or patios. Industrialized home: Any structure or component thereof which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation on a building site, and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to, or destruction thereof. Industrialized buildings are constructed and regulated in accordance with the "Industrialized Building Page 236 of 246 ---PAGE BREAK--- Act", Georgia Law 1982 pp. 1637-1643 (Official Code of Georgia Annotated, Title 8, Chapter 2, Article 2, Part Infrastructure. The physical components of a system or of related systems that provide commodities, services, or other products to constituents, customers, or other applicable parties, which can include, but are not limited to, buildings, structures, roadways, tunnels, culverts, conduits, water sources, water pipes, sewer pipes, pump stations, pumps, and equipment. Institutional residential living and care facilities: An umbrella term that encompasses the following uses as specifically defined in this Chapter: assisted living facility; intermediate care home; nursing home; hospice; and personal care home. Intermediate care home: A facility which admits residents on medical referral; it maintains the services and facilities for institutional care and has a satisfactory agreement with a physician and dentist who will provide continuing supervision including emergencies; it complies with rules and regulations of the Georgia Department of Human Resources. The term "intermediate care" means the provision of food, including special diets when required, shelter, laundry, and personal care services, such as help with dressing, getting in and out of bed, bathing, feeding, medications, and similar assistance, such services being under appropriate licensed supervision. Intermediate care does not normally include providing care for bed patients except on an emergency or temporary basis. Intra-family (lineal heir) land transfer: A subdivision of land within an AG land use district where each and every lot within the subdivision is conveyed to a lineal heir, which includes a grandparent, parent, stepparent, sibling, child, stepchild, adopted child, or grandchild of the person conveying the parcel; provided further that no more than one lot in the subdivision shall be deeded to any one individual. This definition shall not include or authorize any land subdivision, which involves or will involve the creation of lots for sale or the otherwise involving the property transfers for money, tangible or intangible personal property, real property exchanges, or other conveyances for consideration with anyone who does not meet the definition of lineal heir above. Page 237 of 246 ---PAGE BREAK--- Junk: Old and dilapidated automobiles, trucks, tractors, and other such vehicles and parts thereof, wagons, and other kinds of vehicles and parts thereof, scrap, building material, scrap contractor's equipment, tanks, casks, cans, barrels, boxes, drums, piping, bottles, glass, old iron, machinery, rags, paper, excelsior, hair, mattresses, beds or bedding, or any other kind of scrap or waste material which is stored, kept, handled, or displayed within the county limits. Junkyard: A tract, parcel, lot, other area of land, structure, or part thereof, used primarily for the collection, storage, and sale of wastepaper, rags, scrap metal, or discarded material, or for the collecting, dismantling, storage, and salvaging of machinery or vehicles not in running condition, or for the sale of parts thereof. Junked vehicle: A vehicle not in operating condition which has been parked or stored upon the same tract, parcel, lot, or other area of land for a period of sixty (60) days or more. Kennel: Any facility used for the purpose of commercial or not-for-profit boarding or sale of animals (excluding horses, swine, goats, and geese) or pets and any other customarily incidental treatment of the animals such as grooming, cleaning, selling of pet supplies, or otherwise. Landfill, inert waste: A disposal facility accepting only waste that will not or are not likely to cause production of leachate of environmental concern. Such wastes are limited to earth and earthlike products, concrete, cured asphalt, rock, bricks, yard trimmings, stumps, limbs, and leaves, and specifically excluding industrial and demolition waste. Livestock: Any generally accepted farm animal raised for food, raw materials, or pleasure, including, but not limited to, beef and dairy cattle, sheep, swine, poultry and horses. The term does not include cats, dogs, and other house pets. Livestock animal unit: A measure, which represents a common denominator for the purposes of defining the land carrying capacity for livestock. The animal unit accounts for the carrying capacity of one acre of land and is related to the amount of feed various species consume, and the amount of waste they produce. Page 238 of 246 ---PAGE BREAK--- Livestock, concentrated operations: Any tract of land or building, pen or corral, sheds, or fenced fields wherein livestock are maintained in close quarters for feeding, breeding, raising, or holding, and the area is specifically designed as a confinement area where manure may accumulate at one location. All such operations are required to follow recognized best management practices. Such areas are further defined if the following minimum number of animals occur at one location: fifty (50) horses; seventy-five (75) dairy cows; one-hundred (100) beef cattle; two-hundred-fifty (250) swine (larger than 55 pounds); one- thousand (1,000) sheep/goats; one-thousand (1,000) nursery swine; five­ thousand-five-hundred (5,500) turkeys; one-thousand (1,000) ostriches/emus; five-hundred (500) ducks/geese; and/or ten-thousand (10,000) chickens. This provision does not apply to any number of livestock free ranging in pasture. Loading space: Loading and unloading space is a space, typically with dimensions of twelve feet (12 ft) by sixty feet (60 ft), logically and conveniently located for pickups and/or deliveries, or for loading and/or unloading, in such a way as it does not conflict with driveways or patron parking, scaled to the delivery vehicles to be used, and accessible to such vehicles. Lodging service: A facility that offers temporary shelter accommodations, or place for such shelter, open to the public for a fee, including but not limited to inns, hotels, motels, extended stay facilities, and motor hotels. Bed and breakfast inns are not considered to be lodging services. Lot: A discernable portion of land subject to regulation by the provisions of this Chapter. Lot area, minimum: Minimum lot area means the smallest permitted total horizontal area within the lot lines of a lot, exclusive of street rights-of-way but inclusive of easements. Lot, corner: A lot abutting upon two or more streets at their intersection. (See building setback line.) Lot coverage, maximum: The percentage of a given lot that may be occupied by all principal and accessory buildings and structures on said lot, measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings and structures on the lot. Page 239 of 246 ---PAGE BREAK--- Lot, double frontage: Any lot, other than a corner lot, which has frontage on two streets. Lot frontage: The width in linear feet of a lot where it abuts the right-of-way of any street. Lot line, front: The front property line coincident with a street right-of-way line. Lot width: The distance between side lot lines measured at the front building line. Lot width (curvilinear street frontage): For a lot having frontage upon a curvilinear street, the lot width shall be the distance between the side lines of the lot where the minimum lot width is obtained, measured parallel to the chord of the arc formed by the two outermost points of intersection of the side lines with the road right-of-way line. The lot width line is synonymous with the front setback line in this circumstance. Manufactured home: A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or forty (40) body feet or more in length, when erected on site, is three-hundred-twenty (320) or more square feet in floor area, 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; or a structure that otherwise comes within the definition of a "manufactured home" under the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended (42 U.S.C. 5401-5445.) Manufactured home park: Any property on which three or more manufactured homes are located or intended to be located for purposes of residential occupancy. Manufacturing: Manufacturing means the converting of raw, unfinished materials or products, or any or either of them, into an article or articles or substance of a different character, or for use for a different character, or for use as a different purpose. Page 240 of 246 ---PAGE BREAK--- Mausoleum: A building where bodies are interred above ground in stacked vaults. Mini warehouse: A structure or group of structures containing separate spaces/stalls which are leased or rented on an individual basis for the storage of goods. Nursing home: A facility which admits 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; and it complies with rules and regulations of the Georgia Department of Human Resources. Office: A building, or portion thereof, wherein predominantly administrative, professional, or clerical operations are performed, and not involving retail sales. Open air business: Any commercial establishment with the principal use of displaying products in an area exposed to open air on three or more sides, including but not limited to rock yards, nurseries and garden supply stores, lumber and building materials yards, flea markets, farmer's markets, statuaries and monument sales establishments, Christmas tree lots and firewood sales lots, liquid petroleum dealers and tank sales. A roadside stand is not an open-air business. Parcel: A discernable portion of land subject to regulation by the provisions of this Chapter. Parking space: An area having dimensions of nine feet (9 ft) by twenty feet (20 ft) and not less than one-hundred-eighty square feet (180 ft2), excluding driveway and maneuvering area, to be used as a temporary storage space for a private motor vehicle. Personal care home: Any dwelling, whether operated for profit or not, 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 Page 241 of 246 ---PAGE BREAK--- two or more adults who are not related to the owner or administrator by blood or marriage. Personal care tasks include assistance with bathing, toileting, grooming, shaving, dental care, dressing, and eating. (Synonymous with assisted living home; see institutional residential living and care facilities.) Personal service establishment: A facility engaged in the provision of services to persons and their apparel, including but not limited to barber and beauty shops, coin-operated and full-service laundries and dry cleaners, photographic studios, shoe repair and shoeshine shops, dance studios, schools and halls, and travel agencies. Public use: Any land use conducted by the federal government, the State of Georgia, the county, a municipality, or any authority, agency, board, or commission of the above governments, that is necessary to serve a public purpose, such as, but not limited to the following infrastructure: administrative buildings; post offices; police stations; fire stations; libraries, publicly operated museums; public health facilities; public hospitals; public works camps; parks; community centers; public roads and streets; airports; water intake; collection; pumping; treatment facilities; storage facilities, emergency medical facilities; detention centers; and correctional facilities. Excluded from the term “public use” is sewer infrastructure and the process, activity, occupation, business, or operation of constructing sewer infrastructure. Rabbit farming: An agricultural business which breeds, raises, or processes rabbits and resulting waste products for commercial marketing as pets, meat, fur, or soil by-products. Recreational vehicles: A vehicular type portable structure without permanent foundation, which can be towed, hauled or driven, and primarily designed as temporary living accommodation for recreational, camping, and travel use and including, but not limited to, travel trailers, truck campers, camping trailers and self-propelled motor homes. Recycling center, collection point: An incidental use that serves as a neighborhood drop-off destination for temporary storage of recoverable resources. No processing of such items is allowed. This facility would generally Page 242 of 246 ---PAGE BREAK--- be located in a commercial parking lot, or at other public/quasi-public areas, such as churches and schools. Recycling center, processing: Any facility utilized for the purpose of collecting, sorting and processing materials to be recycled, including but not limited to, plastics, glass, paper and aluminum materials. Research laboratory: A facility for scientific laboratory research in technology- intensive fields, including but not limited to biotechnology, pharmaceuticals, genetics, plastics, polymers, resins, coatings, fibers, fabrics, films, heat transfer, and radiation research facilities, computer software, information systems, communication systems, transportation, geographic information systems, multi­ media and video technology. Also included in this definition are facilities devoted to the analysis of natural resources, medical resources, and manufactured materials, including environmental laboratories for the analysis of air, water, and soil; medical or veterinary laboratories for the analysis of blood, tissue, or other human medical or animal products, and forensic laboratories for analysis of evidence in support of law enforcement agencies. Re-subdividing: The process of making a change in a map of any approved or recorded subdivision plat altering the number of lots incorporated within the confines of the original plat. Retail trade establishment: enclosed: Any business offering goods and products for sale to the public, which may include the incidental repair of such goods and products, that operates entirely within a structure containing a roof and walls on all sides, except for outdoor display or other use during business hours and accessory storage in enclosed, subordinate buildings. These include but are not limited to the following: convenience stores, including the sale of gasoline, hardware, paint, glass and wallpaper stores, grocery and miscellaneous food stores, including retail bakeries, apparel, shoe, and accessory clothing stores, furniture, upholstery, floor covering, household appliance and home furnishing stores, musical instrument stores, radio, television, and computer stores, record, tape, and compact disc stores, eating and drinking places not involving drive-in or drive-through facilities, drug stores, apothecaries and proprietary stores, liquor stores and bottle shops, used merchandise stores and pawn shops, sporting goods stores and bicycle shops, art and stationery stores, hobby, toy, Page 243 of 246 ---PAGE BREAK--- and game shops, jewelry, gift, novelty, souvenir and antique shops, camera and photographic supply stores, luggage and leather goods stores, sewing, needlework, and piece goods stores, catalogue and mail order stores, newsstands, florists, tobacco shops, automotive parts stores not involving repair, video rental and sales stores, and watch and clock sales and repair shops. Roadside stand: A use offering either farm-grown, prepared food products such as fruits, vegetables, canned foods, or similar agricultural products for sale on the premises, or within a temporary structure on the premises, with no space for customers within the structure itself. [Does not include apple houses or wineries/wine-tasting.] Salvage yard: See junk yard. Screening: A method of visually shielding or obscuring one abutting or nearby building, structure, or use from another by fencing, walls, berms, densely planted vegetation, or some combination thereof. Sewer infrastructure: Any infrastructure that transports wastewater from buildings to wastewater treatment plants, that can include, but is not limited to, the following components: service lines; main sewer lines; trunk sewer; manholes, lift stations and wastewater treatment plants. Sewer infrastructure construction: Any process, activity, occupation, business, or operation being conducted on any area or tract of land at a particular point in time that constructs any sewer infrastructure. Street: A dedicated and accepted public right-of-way, which affords the principal means of access to abutting properties. Structure: Anything constructed or erected, the use of which requires more or less permanent location on the ground or which is attached to something having more or less permanent location on the ground. Telecommunications tower: (See Chapter 66 of the Code.) Townhouse: One of a group of three or more attached dwelling units under fee simple ownership. Page 244 of 246 ---PAGE BREAK--- Trash: Cuttings from vegetation, refuse, paper, bottles, and rags. Also see junk. Truck terminal: A facility for the receipt, transfer, short-term storage, and dispatching of goods transported by truck. Unincorporated Pickens County: The unincorporated portions or areas of Pickens County, Georgia. Utility infrastructure excluding sewer infrastructure and telecommunication towers. Any infrastructure owned and/or operated by private utilities or private companies for a public purpose, or that is reasonably necessary for the furnishing of adequate service by such utilities including underground and overhead gas, electric, steam, or water distribution or transmission lines or systems, including incidental wires, cables, and poles. Not included are telecommunication towers or sewer infrastructure. Utility infrastructure construction: Any process, activity, occupation, business, or operation being conducted on any area or tract of land at a particular point in time that constructs any “utility infrastructure excluding telecommunication towers or sewer infrastructure.” Warehouse: Storage of materials, equipment, or products within a building for manufacturing use or for distribution to wholesalers or retailers. Wholesale trade establishment: An establishment engaged in the selling or distribution of merchandise to retailers, to industrial, commercial, institutional, or professional business users, or to other wholesalers. Yard: A space on the same lot with a principal building, open, unoccupied, and unobstructed by buildings or structures from ground to sky, except where encroachments and accessory buildings are expressly permitted. Yard, front: An open, unoccupied space on the same lot with a principal building, extending the full width of the lot, and situated between the street right-of-way and the front line of the building projected to the side lines of the lot. Page 245 of 246 ---PAGE BREAK--- Yard, side: An open, unoccupied space on the same lot with the principal building, situated between the building and the sideline of the lot and extending from the rear line of the front yard to the front line of the rear yard. Yard, rear: An open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the sidelines of the lot. Zero lot line: The location of a building on a lot in such a manner that one or more building sides have no side or rear building setback (or yard requirements) and rests directly on a side or rear lot line. A zero-lot line development is one where houses in the development are on a common street. (Ord. of 5-2-2005); (Res. of 8-25-2011, § (Res. of 9-15-2016, § (Res. of 3­ 16-2017, § 1, Exh. (Ord. of 7-15-2024, § (Ord. of 5-22-2025, § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Page 246 of 246