Version 1.1 Cityof Camilla Zoning Ordinance No. 2018-09-10-1 ADOPTED OCTOBER 8, 2018 Regular Session ofMayor and Council First Reading: September 10, 2018 Second Reading: October 8, 2018 Prepared by: With Assistance From: SWGRC Southwest Georgia Regional Ellaa AMILLA EORGIA Ginring. unl-Emee Commission Ih hereby certify Zoning Ordinance No. 2018-09-10-1 was approved and adopted in its entirety at a Regular Session of the Mayor and City Council the City of Camilla, Georgia held October 8, 2018 in the Council Chambers at City Hall. CITYOF CAMILLA ATTEST: BI OF MI AFSBAEALI GEORGIP 2 Zoning Ordinance No. 2018-09-10-1 Adopted October 8, 2018 TABLE OF CONTENTS Article I. Introduction. Section 1.01. Effective Date.. Section 1.02. Authority for enactment. Section 1.03. jurisdiction. Section 1.04. Purpose., Section 1.05. Severability of parts of Ordinance. Section 1.06. Interpretation, purpose and conflict. Section 1.07. Violations and penalties.. Section 1.08. Definitions. Section 2.01. Districts. 0 10 10 10 25 .25 25 26 26 27 27 27 .27 .27 28 28 .28 28 28 29 31 32 38 3 ARTICLEI II. ESTABLISHMENT OF ZONING DISTRICTS.. Section 2.02. District boundaries and Official Zoning Maps.. Section 2.03. District boundary lines dividing al lot.. Section 2.04. Limited Use Provision. ARTICLEI III. GENERAL PROVISIONS. Section 3.01. Applicability. Section 3.02. Conflicting regulations. Section 3.03. Scope.. Section 3.04. Only one principal building per lot.. Section 3.05. Substandard lots.. Section 3.06. Lot frontage.. Section 3.07. Sight distance at intersections. Section 3.08. Reduction ofl lot area prohibited.. Section 3.09. Accessory Buildings.. Section 3.10. Accessory Dwelling Units in Detached Buildings.. Section 3.11. Prohibited in all residential districts.. Section 3.12. Landscaping and screening. Section 3.13. Animals in residential districts.. Section 3.14. Conditional uses.. Section 3.15. Variances.. Section 3.16. Site plan review. Section 3.17. Flag lots.. Section 3.18. Fences.. Section 3.19. Sidewalks. Section 3.20. Public Water and Sewer.. Section 3.21. Community Residence Requirements. Section 3.22. Home Occupations. Section 3.23. Solar Energy System Regulations. Section 3.24. Organized Private Sales (Yard Sales). SECTION 3.25. WIRELESS TELECOMMUNICATIONS FACILITY SITING REGULATIONS. ARTICLEIV. R-1, SINGLEI FAMILY RESIDENTIAL DISTRICT. .38 40 41 42 42 43 .44 44 52 .54 .55 .59 .72 .72 .73 .74 75 .75 .75 75 76 76 76 77 .77 .77 77 77 79 79 79 79 79 4 Section 4.01. Statement of purpose.. Section 4.02. Permitted uses.. Section 4.03. Conditional uses.. Section 4.04. Area, height, bulk and placement requirements. ARTICLEV. R-2,SINGLE! FAMILY RESIDENTIAL DISTRICT. Section 5.01. Statement of purpose.. Section 5.02. Permitted uses.. Section 5.03. Conditional uses.. Section 5.04. Area, height, bulk and placement requirements. Section 5.05. Substandard Lots of Record.. Section 5.06. Modified Dimensional Regulations for Substandard Lots (Lots of Record). ARTICLEVI. R-3,TWOI FAMILY AND MULTIPLE-FAMILY RESIDENTIAL DISTRICT. Section 6.01. Statement ofp purpose... Section 6.02. Permitted uses.. Section 6.03. Conditional uses.. ARTICLEVII. R-PUD, RESIDENTIAL. PLANNED UNIT DEVELOPMENT. Section 7.01. Statement of purpose.. Section 7.02. Development Requirements. Section 6.04. Area, height, bulk and placement requirements. SECTION7.03. OPEN SPACE REQUIREMENTS. SECTION7.04. ACCESS.. SECTION7.05. OFF-STREET PARKING. 80 .81 .81 .81 .83 .83 83 84 .84 .85 .85 .85 .85 .86 88 .88 .88 88 89 90 .90 90 .91 .91 .91 92 .92 .92 .93 .94 94 95 95 5 SECTION7.06. PROCEDURES FORI REZONINGTHIS) DISTRICT ONLY... ARTICLEVIL. R-0I, RESTRICTED OFFICE-NSTTUTIONAL DISTRICT. Section 8.01. Statement of purpose.. Section 8.02. Permitted uses... Section 8.03. Conditional uses.. Section 8.04. Protective screening. Section 8.05. Restrictions. Section 8.06. Area, height, bulk and placement requirements. ARTICLE IX. AG,AGRICULTURAL DISTRICT. Section 9.01. Statement of purpose.. Section 9.02. Permitted uses.. Section 9.03. Conditional uses.. Section 9.04. Area, height and placement requirements. ARTICLEX. C-1, NEIGHBORHOOD COMMERCIAL DISTRICT.. Section 10.01. Statement of purpose.. Section 10.02. Permitted uses.. Section 10.03. Conditional uses.. Section 10.04. Protective screening. Section 10.05. Restrictions. Section 10.06. Area, height, bulk and placement requirements. ARTICLEXI. C-2, GENERAL BUSINESS DISTRICT. Section 11.01. Statement of purpose.. Section 11.02. Permitted uses.. Section 11.03. Conditional uses.. Section 11.04. Restrictions. Section 11.06. Protective Screening.. Section 11.05. Permitted Residences in the General Business District.. Section 11.07. Area, height, bulk and placement requirements. ARTICLEXIL. C-3,1 HIGHWAY COMMERCIAL DISTRICT. Section 12.01. Statement of purpose.. Section 12.02. Permitted uses... Section 12.03. Conditional Uses.. Section 12.05. Protective screening.. Section 13.01. Statement of purpose.. Section 13.02. Permitted uses.. Section 13.03. Conditional uses.. Section 13.04. Procedure for project approval.. Section 13.05. Area, height, bulk and placement requirements. ARTICLE. XIV. I-1, LIGHTI INDUSTRIAL DISTRICT. Section 14.01. Statement of purpose.. Section 14.02. Permitted uses.. Section 14.03. Conditional Uses.. Section 14.05. Protective screening. ARTICLEXV. I-2, HEAVY INDUSTRIAL DISTRICT. Section 15.01. Statement of purpose.. Section 15.02. Permitted uses.. Section 15.03. Conditional Uses.. Section 15.05. Protective screening.. Section 16.01. Statement Of Purpose.. Section 16.02. Permitted Uses.. Section 16.03. Conditional Uses.. 95 .96 96 96 97 97 97 97 .97 99 100 100 100 101 101 101 101 101 102 102 103 103 103 103 104 104 104 104 104 106 107 108 109 6 Section 12.04. Area, height, bulk and placement requirements. ARTICLEXIII. C-PUD, COMMERCIAL PLANNED UNIT DEVELOPMENT Section 14.04. Area,l height, bulk and placement requirements. Section 15.04. Area, height, bulk and placement requirements. ARTICLEXVI. R-MH, RESIDENTIAL, MANUFACTURED HOMEI DISTRICT. Section 16.04. Manufactured Home Parks: General Requirements. Section 16.05. Expansion of manufactured home parks.. Section 16.07. Manufactured Home Parks: Improvements. Section 16.08. Manufactured Home Parks: Accessory Uses Permitted. Section 16.09. Manufactured Home Subdivisions: General Requirements. ARTICLEX XVII. NON-CONFORMING BUILDINGS ANDI USES. Section 16.06. Design.. Section 17.01. Compliance with article required.. Section 17.02. Non-conforming buildings and uses.. Section 17.03. Discontinuance or abandonment. Section 17.05. Change of tenancy or ownership. Section 18.01. Scope of provisions.. Section 18.02. Parking spaces may not be reduced.. Section 18.03. Drainage, construction and maintenance. Section 18.04. Parking area design.. Section 18.05. Joint parking facilities.. Section 18.06. Pavement: markings and Signs.. Section 18.07. Location of parking space for other land uses.. Section 18.08. Off-street parking requirements. Section 18.09. Number of parking spaces.. Section 18.10. Planted Areas.. Section 18.11. Off-street parking standards. Section 18.12. Number of handicapped parking spaces. Section 18.13. Off-street! loading requirements. Section 18.14. Minimum number ofl loading spaces required.. ARTICLEX XIX. SIGN REGULATIONS. ARTICLEXX. ADMINISTRATION AND ENFORCEMENT Section 20.01. Enforcement. Section 20.02. Permits.. Section 20.03. Certificates of Occupancy. Section 20.04. Fees... Section 20.05. Amendments. ARTICLEI XXI. ZONING POLICIES AND PROCEDURES. Section 21.01. General Conditions. Section 21.02. Referral Of The Planning Commission. Section 21.03. Notice Of Public! Hearing. Section 21.04. Public Hearing Process. 109 109 109 109 110 110 110 110 110 110 111 111 111 111 111 111 112 115 115 116 116 117 117 117 117 118 119 119 119 121 121 122 123 7 Section 17.04. Restoration. ARTICLEXVIL. OFF-STREET PARKING. ANDI LOADING REQUIREMENTS. Section 21.05. Standards for exercise of zoning powers. ARTICLEXXII. BOARD OFZ ZONING, APPEALS. Section 22.01. Creation oft board of zoning appeals.. Section 22.02. Membership and Appointments. Section 22.03. Term of office.. Section 22.04. Compensation. Section 22.05. Rules and Procedures. Section 22.06. Administrative, Assistance. Section 22.07. Meetings.. Section 22.08. Appeals and Review... Section 22.09. Fee For Appeals.. Section 22.11. Notice of Hearing. Section 22.12. Approval Period.. 124 124 124 125 125 125 125 125 126 126 126 129 129 Section 22.10. Powers Of Board OfZoning Appeals Concerning Variances. 8 ARTICLEI I. INTRODUCTION SECTION 1.01. EFFECTIVE DATE. Thej provisions oft this chapter are hereby declared to bei immediately necessary for the preservation of the public peace, health, safety, and welfare oft the people of the City of Camilla and arel hereby ordered tol be given immediate effect from and after the date of its passage. SECTION 1.02. AUTHORITY FOR ENACTMENT. The Camilla City Council enacts this ordinance pursuant to' The City of Camilla's authority to adopt plans and exercise the power ofzoning granted byt the Constitution of the State of Georgia, Article 9,Section 2, Paragraph 4, Planning and Zoning, and by Article 9, Section 2, Paragraphs 1 and 3; pursuant to Chapters 66a and' 70 ofTitle 36 of the Official Code of Georgia Annotated; by the Georgia Planning Act of1989 as amended; by' The City of Camilla's: authority to enact regulations and powers granted byi its Charter, byl local laws and by the City's general police powers; and by other powers and authority provided by federal, state, and local laws applicable hereto. SECTION 1.03. JURISDICTION. This ordinance. shall apply tot thei incorporated areas ofThe City of Camilla. SECTION 1.04. PURPOSE. Thej purpose of these regulations shall bet to promote the proper. location, height, bulk, number of stories and: size ofbuildings and other structures; to assure the appropriate. sizes ofy yards, courts, and the use of other open spaces; the density and distribution of] population; and the use of buildings, structures, and land fort trade, industry,residence, recreation, agriculture, forestry, conservation, sanitation, protection against floods, public activities, and other purposes, so ast to lessen congestion: in the streets; tos secure safety from fire, panic, and other dangers; toj promote health and the general welfare; toj provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; toj prevent urban sprawl; to facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements; toj promote desirable living conditions and the sustained stability of neighborhoods; to encourage better design oft thel built environment in a manner that improves the aesthetic conditions ofthe city sO as toj promote thel health, safety and welfare of citizens and visitors; to protect against blight and depreciation; to: secure economy in governmental expenditures; to conserve the value of 9 buildings and to encourage the most appropriate use ofl land, buildings, and structures; and for other purposes. SECTION 1.05. SEVERABILITY OF PARTS OF ORDINANCE. Iti is declared to be thei intention of the Camilla City Council that thes sections, paragraphs, sentences, clauses and phrases of this Ordinance are: severable; and ifany phrase, clause, sentence, paragraph or section of this Ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since they would have been enacted by the city council without incorporation in this Ordinance of any suchi invalid or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 1.06. INTERPRETATION, PURPOSE. AND CONFLICT. Ini interpreting and applying the provisions oft this ordinance, they shall bel held tol be the minimum requirements for thej promotion of the public safety, health, convenience, comforts, prosperityand general welfare. Iti is noti intended by this ordinance to interfere with, or abrogate or annul any ordinance, rules, regulations or permits previously: adopted ori issued and not in conflict with any of thej provisions of this ordinance, or which shall be adopted ori issued pursuant tol law relating to the use of buildings or premises, and likewise not in conflict with this ordinance; nori is iti intended by this ordinance toi interfere with, or abrogate, or annual any easements, covenants or other agreements between parties; provided, however, that where this ordinance imposes a greater restriction or requires larger open spaces, or larger lot areas than are imposed or required bys such ordinance or agreements, the provisions of this ordinance. shall control. SECTION 1.07. VIOLATIONS AND! PENALTIES. Any person violating or neglecting or refusing to comply with any oft the provisions ofthis ordinance shall upon conviction thereof, be deemed guilty of a misdemeanor and shall bej punished byi imposition oft the: appropriate fine or byi imprisonment: in the discretion oft the court. Each day that a violation is permitted to exist shall constitute: a separate offense. SECTION 1.08. DEFINITIONS. defined as follows: For thej purposes of these regulations certain words and tenses, used herein, shall bei interpreted or Words used int the present tense include the future tense. The singular numberi includes the plural and thej plural, the: singular. The word' person'includes: a corporation, partnership, ora association as well as an The term "shall" is always mandatory and not merely directory. Terms not herein defined shall have the meanings customarily assigned to them. Thet term 'governing body" shall mean the City Council of Camilla, Georgia. individual. 10 Accessoryo apartment: An accessory dwelling which is subordinate to aj principal structure or use Accessory building: A detached, subordinate structure, the use of which is clearly incidentalt to, customarily associated with and related to the principal structure or use ofl land, and whichi is located on the same lot as the principal structure or use. Accessory buildings shall include: storage buildings, tool houses, party houses, bathhouses (used in conjunction with swimming pools) and Accessory use: The use customarily incidental and accessory to thej principal use ofal building Adult entertainment establishment: A restaurant, nightclub, cabaret or other establishment, which features adult entertainment. Any commercial establishment that has, as its primary purpose orb business or as as secondary use, the offer for sale ofany! book, publication or film that depicts nudity or sexual conduct or engages in services such as bath houses, massage parlors, wrestling parlors or like activity including a restaurant, nightclub, cabaret, lounge or other establishment that Agriculture: Agriculture: shall be considered to meant the raising of soil crops and/ /orl livestock in a customary manner on tracts of] land 25: acres or morei in size and shall include all associated activities. Retail selling of products raised on the premises shall be considered aj permissible activity provided that space necessary for the parking of customer's vehicles shall be provided off Airfield: Any area ofl land or water utilized for the landing or taking off ofa aircraft. which may be rented by persons not related tot the owner of thej property similar uses. located upon the same building site: as the principal use. features adult entertainment. thej public right-of-way. Alley: Any dedicated public way providingasecondary means of ingress to or egress from land or Alteration: Any change, addition or modification in construction or type of occupancy; any change in the structural members oft the building, such as walls, partitions, columns, beams, girders, or any Ambulatory: Ini respect to aj person, the abilityt to move from place toj place by walking, either unaided or aided by prosthesis, brace, cane, crutches or hand rails, or by propelling a wheelchair; and can perceive an emergency condition, whether caused by fire or otherwise and escape without Apartment: A room or suite of rooms used as dwelling for one: family which does its cooking Apartment houses: A residential structure containing three or more apartment units. Artificial lot: The area of a one-acre or larger tract tol bel built on that is delineated for the purposes ofc calculating landscape requirements. This is only for calculating landscape requirements and only structure thereon. change which: may be referred to herein as "altered" or reconstructed." human assistance, using the normal means ofe egress. therein. fort tracts that are one acre or larger. 11 Automobile wrecking. yard, automobile used parts or auto graveyard: Means anywhere three or more vehicles noti in running condition, or thej parts thereof, are stored in the open or any! building or structure used principally for wrecking or storage ofa automobiles noti in running condition for Basement: Aj portion ofal building partly below grade and having less than five feet above the Bed and breakfasts: Overnighta accommodations and a morning meal in a dwelling unit provided tot transients for compensation. The owner and/or manager: shall be a full time on premises resident ont thes site oft the bed and breakfast. Comment: Bed and breakfast accommodations differ from rooming and boarding houses in that they are truly transient accommodations, with guests rarely staying more than aj few days. The impact ofa bed and breakfast shouldi not be much greater than that ofa! private home with frequent houseguests, with the exception ofparking demand. Block: A tract ofl land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way,: shorelines of waterways, drainage ways, or boundary lines of Buffer: That portion ofa given lot, not covered by buildings, pavement, parking, access and service areas, established as landscaped open space for the purposes of screening and separating properties withi incompatible land uses, the width ofwhichi is measured from the common property line and extends the developed portion of the common property line. Al buffer consists oft trees, shrubs, and other natural vegetation undisturbed by grading or site development and replanted where: sparsely vegetated or where disturbed for approved access and utility crossings. Buildable area: The buildable area ofal loti is the space remaining after the minimum open space Building: Any structure having a roof, supported by columns or by walls and intended for shelter, housing or enclosure of any person, animal or goods. Where roofed structures are: separated from each other by party walls having no opening passage, each portion sO separated shalll be considered Building inspector: Thel highest ranking building official oft the governing body, or his Building height: The vertical distance ofal building measured from the average elevation oft the Building, principal: Al building in which the principal use of thel lot on which iti is located is Building setbacks: The distance any part of any structure must be from anyf front, rear, or side automobile parts. finished grade level oft thel building. municipalities or counties. requirements of these regulations have been complied with. as separate building. representative. finished grade tot thel highest point on the roof surface. conducted. property line. Building setbacks are established int this ordinance. 12 Caretakeror employee residence: An accessory residencel located inside or ina addition tot the principal structure or use ofap parcel ofl land. Said residence must be occupied by al bona fide caretaker or the owner himself as necessary to thej property's orderly operation or safety. Clerk: The clerk oft the governing body. Clinic: Aj professional office where the services ofr more than one practitioner can be obtainedand where patients are: studied or treated on an outpatient basis and where no overnight Club: An organization of persons for special purposes or fort the promulgation ofs sports, arts, Curb cut: An alteration to an existing curb and gutter for the construction ofa driveway to provide Conditional use: A use which within certain districts specified byt this ordinance is not permitted as ar matter of right but may be permitted within these districts byt the city council after the accommodations. are provided. science, literature, politics or thel like, but not for profit. fori ingress/egress between property and an abutting public street. planning commission has: (1) Reviewed the proposed site plans for the use, its arrangement and design, its relationship to neighboring property and other conditions peculiar to the particular proposal which would (2) Has found thej proposal not to be contrary to thei intent oft this ordinance. All conditional use applications will follow the same public notice, public hearing and review process as any Convalescent home: A convalescent home is al home for the care of children or the aged ori infirm, ora place of rest for those suffering bodily disorders, wherein two or more persons are cared for. Day carej facility: A day care facility is an individual or jointly owned facility designated to offer care: and/ /or training to children unrelated to the owner or director for any part ofa day on a regular basis. Such facility may or may not be operated for profit. All playground equipment must bel located in the rear and: side yard. Day carei is not: a baby-sitting service to be used for the determine its desirability or undesirability; and application for rezoning. Said home: shall conform and qualify forl license under state laws. convenience oft the parents at irregular intervals (drop-ins). (1) Agroup center (day nursery, day care center) is defined as ai facility for six or more children, regardless of age, whose primary purpose is the care of the child forj part ofac day, (2) Anursery school is defined as a school for two-, three-, and four-year old children which operates for periods not to exceed four hours a day and whose primary purpose is education and guidance for healthy emotional and social development of children. whilel his parent or parents are absent from home. 13 (3) Kindergarten is defined as as school for four- or five-year old children which operates for periods not to exceed four hours a day: and whose primary purpose is education and (4) Family day carei is defined as as service in aj private. home, offering care in a family setting to a maximum of five children, including the foster family's own children during part (5) Adult day care is defined as personal care and supervision in a protective setting for adults outside their ownl home for less than 241 hours per day. The program may include the provisions of daily medical supervision, nursing and other health care support, psycho- social assistance, or appropriate socialization stimuli ora combination oft these. Adult day carei is available fort those persons who do not require 24 hour per dayi institutional care, but who, because of physical and/or mental disability, are not capable off full time guidance for healthy emotional and social development. oft the day while the natural parents are absent from their home. independent living. Density: The number of dwelling units developed on an acre of land. As used in this ordinance, all District: A portion oft thej jurisdiction oft the governing body within which, on a uniform basis, certain uses ofl land and buildings are permitted and within which certain yards, open spaces, lot Drive-in establishment: Al business establishment, othert than a drive-in restaurant, sO developed that its retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as tos serve patrons whilei in the motor vehicle, and mayi include drive- Drive-in restaurant: A restaurant or other establishment serving food and/ /or drink sO developed that its retail or services character is dependent on providingac driveway approach or parking spaces for motor vehicles so as tos serve patrons whilei in the motor vehicle. Dwelling, single-family: A building used or designed for use as al residence for a single family. Dwelling, two-family (duplex): A duplexi is al building either designed, constructed, altered or used fort two adjoining dwelling units that are connected by a common wall and/or ift two: stories bya Dwelling, multiple: A building or portion thereof used or designed as a residence fort three or more families living and cooking independent of each otheri in said building. This definition includes three family houses, four-family houses and apartment houses, but does not include hotels, motels, trailer Efficiencyunit: An efficiency uniti is a dwelling unit consisting of one room, exclusive of bathroom, kitchen, hallway, closets or dining alcove directly off the principal room,providing notl less than 400 densities are. stated in dwelling units per gross acre. areas and other requirements are established. in banks, drive-in cleaners, and drive-in laundries. common floor. camps or mobile home parks. square feet of floora area. 14 Erected: Includes built, constructed, reconstructed, moved upon, or any physical operations on the premises required for the building. Excavations, fill, drainage, and thel like, shalll be considereda Essential services: The erection, construction, alteration, or maintenance by public utilities, governmental departments or commissions, of underground, surface, or overhead; gas, communication, electrical, steam, fuel or water transmission or distribution systems, sewers,pipes, conduits, cable, fire alarm and police call boxes, traffic signals, hydrant and similar accessories in connection therewith, but not including buildings, which are: necessary: for the furnishing of adequate service by such utilities or governmental departments for the general public health, Family: No more than six unrelated persons or one or more related persons occupyingah housing unit and using common kitchen facilities and entrances, as distinguished from a group occupying a Fast food restaurant: A fast food restaurant is defined tol be a restaurant that has all oft the part oft the erection. safety, convenience or welfare. boarding house, or personal care home. following characteristics. (1) Its principal business is the sale of food items and beverages of thel kind, which can readily be taken out of the restaurant for consumption offt the premises. (2) Utensils, if used at: all, are: made of plastic or other disposable materials. Food is packaged in paper or Styrofoam or other disposable containers. (3) Service is not customarily provided to customers at their tables by employees oft the Farm: A platted or unplatted parcel ofl land 25 acres or more in an area which is used for growing Farm stand: A booth or stall located on a farm from which produce and farm products are sold to Filling: Shall mean the depositing or dumping of any matter on ori into the ground, except deposits Flea market: An outdoor and/or indoor facility established for thej purpose ofs selling at retail: such new or used items as household; goods, tools, crafts or any other combination ofr new or used goods. These markets, sales and displays are those that occur continuously or frequently, and specifically more than two times per year, normally at a fixed location where a proprietor, partnership, or corporation leases to vendors al booth, commercial: stall or designated area from which the vendor Flood plain: A nearly level alluvial plain that borders a stream and is subject to flooding unless restaurant. crops, raising livestock or other agricultural purposes. the general public. resulting from common household gardening: and general farm care. marketsl his/her goods. protected artificially. 15 Foster child: A child unrelated to af family byl blood or adoption with whom he or shel lives fort the Garage, private: An accessory building designed or used for the: storage ofr motor driven vehicles owned and used by the occupants of the building to which iti is an accessory. Garage, public: Any premises used for the storage or care of motor vehicles or place where any such vehicles are equipped for operation, repaired or kept for pay, hire or sale. Garden, private: A non-commercial private garden which is an accessory use to the primary use of thez zoning district. The primary use must be present at thes samel location as the garden in any Guest house: A detached accessory dwelling unit located on the same lot with a single-family dwelling unit. A guest house may be used only by family members, guests, or family employees without payment or consideration. Occupation of guesthouses shall bet temporary [30 continuous Home occupation: Any use conducted entirely within the dwelling and carried on by the inhabitants thereof, which usei is incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. Provided further, that no article or service is sold or offered for sale on the premises, except such as is produced by such occupation; that such occupation shall not require internal or external alterations or construction, open storage or signs not customary ini residential areas. Signs for home occupations are required to meet the requirements ofarticle XIX ofthis ordinance. Clinics, hospitals, childcare centers, and day nurseries, purposes of care and education. zoning district with the exception of agricultural: zoning districts. days at a maximum]. among others, shall not be deemed tol be home occupations. Home occupation, residential: (1) Thel home occupation use: shall only be allowed in residential zoning districts which allow (2) The dwelling unit must maintain a residential appearance and there shall be no outward evidence of the occupation ori impacts in appearance, noise, light, odor,trafficand utilities (3) The use: shall be conducted entirely within the dwelling unit and accessory structures with not more than 25 percent ofap property's gross floor area devoted to the home occupation. (4) Only persons livingi in the dwelling unit on a full time basis shall be employed at thel location (5) Noi more than one. home occupation shall be authorized for any residential dwelling unit. (6) Nol business materials or equipment shalll be stored at the premises oft thel home occupation unless such material or equipment is stored in an area within the residence. Nol business home occupations. that would be detectable beyond the dwelling unit. oft thel home occupation. 16 vehicles used ini thel home occupation: shall be stored on the premises where the home (7) The following businesses, uses, and activities shall be prohibited as home occupation uses: adult entertainment establishments; kennels; stables; veterinarian clinics; medical and dental clinics; restaurants, clubs, and drinking establishments; motor vehicle repair or small engine repair; funeral parlors; adult businesses; limousine service; taxi service; and (8) No motor vehicle other than aj passenger automobile, passenger van or passenger truck used by the resident as aj personal vehicle shall bej parked on thej property. (9) Non-conforming home occupation uses: Non-conforming uses permitted as oft the date of adoption oft this ordinance, shall be allowed to continue to operate under the following (a) No non-conforming use may be changed to: another non-conforming use. (b) Non non-conforming use: shall be increased, extended or enlarged beyond the size or scope of the use as it existed on the date ofi issuance oft the current occupation tax (c) The non-conforming usei is specially designated tot the current property and business owner. (The home occupational use is not transferable.) (d) Violation of these conditions will result in an immediate and permanent revocation occupation is undertaken. wrecker service. conditions: certificate. oft the right to continue the non-conforming use. Hospital: An institution providing health services, primarily for in-patients and medical or surgical care of the sick or injured, including as an integral part oft thei institution, such related facilities as laboratories, out-patient departments, training facilities, central service facilities and: staff offices. Junk: Any motor vehicle, machine, appliance, scrap material or other items that arei ina a condition which prevents its use for thej purpose for whichi it was originally manufactured. Junk) yard: Includes automobile wrecking: yards andi includes any area of more than 200: square feet fort the: storage, keeping or abandonment ofj junk, including scrap metals or other scrap materials, orf for the dismantling, demolition or abandonment of automobiles, or otherv vehicles or machinery or parts thereof, but does noti include uses established entirely within enclosed Kennel: an establishment kept for the purpose of breeding, selling, training, or boarding animals Laboratory: A place devoted to experimental study, such as testing and analyzing. Manufacturing Landscape. strip: That portion of a given lot, not covered by buildings, pavement, parking, access and service areas, established as landscaped open space, the width of which is measured from the buildings. ofp product or productsi is not permitted within this definition. 17 common property line and extending the developed portion oft the property line. A landscapes strip, as distinguished from al buffer, may be disturbed by grading or site development but shall be maintained as landscaped open space. Al landscape strip may consist of grass lawns, decorative planting, berms, walls, fences or other approved features designed and arranged toj produce an Loading strip: An off-street space on the: same parcel of property with the building or group of buildings, for temporary parking ofa commercial vehicle while loading and unloading merchandise Lodging house: Al lodging house or rooming house is al building other than al hotel where lodging is provided for five or more persons for compensation pursuant to previous arrangement. Lot: Aj parcel ofl land occupied or intended tol be occupied bya aj principal building or use and any accessory building and uses customarily incident to it, and including open spaces notl less in extent Lot area: The: size ofa al lot measured within the lot lines as expressed in terms of acres or square Lot, corner: Al lot abutting on two streets at their intersection. The minimum front yard setback aesthetically pleasing effect within the development. or materials. than those required in connection therewith by these regulations. feet. shall be observed on both street frontages. Lot depth: The mean distance between the front and rearl lot lines. Lot, double frontage: An interior lot having frontages on two or more parallel streets as distinguished from a corner lot. In the case of a row of double frontage lots, one: street willl be designated as the front street on the plat and the request for al building permit will indicate which street is the designated front street. Lot,flag: Lots which have adequate land area for twol lots but which do notl have adequate street frontage for morei than one lot.' The standards require access for fire protection and also require screening in thel higher density residential areas to protect the privacy of abutting residences. The intent of flag lots is to provide additional housing and commercial opportunities and toj promote the efficient use ofland. Lot,frontage: That portion ofal lot extending along as street right-of- Street Corner Lot Interior Lot Corner Lot FlagLot Comer Lot Corner Double Lot Frontage Lot Street TYPES OF LOTS 18 way line. Lot, interior: Al lot other than a corner lot. Lot lines: Thej property lines bounding the lot. (1) Front lot line: On al lot abutting upon aj public street, the front lot line shall mean the line (2) Rear lot line: Ordinarily, thel lot line that is opposite and most distant from the front lot line oft thel lot. In the case of an irregular shaped lot the city planner shall designate the rearl lot separating such lot from such street right-of-way. line. (3) Side lot line: Any lot line thati is not a front or rearl lot line. Lot of record: A parcel ofl land, the dimensions of which are: shown on a map or plat on file with the clerk of superior court oft the county and which actually exists as shown, or any part ofs such parcel heldi in a recorded ownership separate from the ownership of the remainder thereof. Lot width: The distance between the: sidel lot lines, measured along the front building line and Manufactured. home: A factory built structure that is manufactured or constructed under the authority of 42 United States Code Section 5401 andi is tol be used as aj place for human habitation, but which is not constructed or equipped with aj permanent hitch or other device allowingi itt tol be moved other than fort thej purpose of moving it to: a permanent site, and which does not have permanently attached to its body or frame any wheels or axles. A mobile home is nota manufactured home, except as may bel hereafter otherwise provided. Manufactured home park: Al licensed business operation which leases spaces for permanent or fort temporary occupancy: for periods exceeding 30 days for manufactured homes and, unders some Manufactured home: stand: The site designed for the placement ofar manufactured home and its cabana, accessory structures, utility connections and off-street parking facilities. Maximum lot coverage: The part or percentage oft thel lot that may be occupied by buildings or Mobile home: A structure transportable in one or more: sections which, in the travelling mode, is eight body feet or morei in width or 40 body feet or more: inl length or when erected on the sitei is 320 or more: square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without aj permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems. Mobile homes were manufactured prior to June 15, 1976 and do not meet current building codes. In order toj protect the health, safety and welfare of citizens mobile homes as herein defined are not authorized except as parallel to the street right-of-way. conditions, travel trailers. structures, including accessory buildings or structures. 19 previously existing lawful nonconforming uses and: shall not be placed in thei incorporated areas of Modular homes: Factory built housing certified as meeting local or state building codes as applicable to modular housing. Once certified byt the state, modular homes shalll be subject to the Motor vehicle repair: General repair, engine rebuilding, rebuilding or reconditioning ofr motor vehicles; collision service such as body, frame or fender straightening and repair; overall painting; but not including undercoating of automobiles unless conducted in a completely enclosed spray Motor vehicle wash establishment: A building, or portion thereof, the primary purpose of which is Non-conforming use: Any building or land use which lawfully exists at thet time of adoption ofthis ordinance or amendments thereto and which does not now conform with the use regulations oft the Nursery (tree and: shrub): An area or establishment devoted tot the raising and care oftrees, Off-street parking lot: A facility providing vehicular parking spaces, along with adequate drives and aisles for maneuvering, sO as toj provide access for entrance and exits for the parking ofr more the city.Sees section 17.02. same: standards as site built homes. booth. that of washing motor vehicles. district in which iti is located. shrubs, or similar plant materials. than twoautomobiles. Open air business uses: Open-air business use shall include the following: (1) Retail sale of trees, shrubbery, plants, flowers, seeds, topsoil, humus, fertilizer, trellises, lawn furniture, playground equipment and other home garden supplies and equipment. (3) Tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, golf driving (4) Bicycle, trailer, motor vehicles, mobile homes, boats or home equipment sales, services or (5) Outdoor display and sale of prefabricated storage buildings, garages, swimming pools and Open space, landscaped: That portion or portions ofag given lot, not covered by buildings, pavement, parking access and service areas, set aside and maintained as al buffer, landscape strip or (2) Retail sale of fruits and vegetables. range, children's amusement park or similar recreation uses. rental services. similar use. other approved open area. 20 Outdoor display: The open display ofi items, outside ofa any principal or accessory building that does noti include walls for enclosure, that is for the primary purpose of attracting attention tot the Outdoor: storage: The open storage ofa anyi items, whether business related or personal, outside of any principal or accessory building or structure that does not include walls for enclosure. Parking space: An area of not less than nine feet wide and 20 feet long, for each automobile or motor vehicle, such space being exclusive ofr necessary drives, aisles, entrances or exits and being Place of worship: Al lot or building wherein persons assemble for religious worship. Planned unit development: A planned unit development is a single parcel ofl land within whicha number of buildings (uses) arel located ori intended tol bel located ina accordance with an overall plan ofc design and noti in relation to aj prearranged pattern ofl land subdivision. Examples ofap planned unit development (P.U.D.) include a complex of apartment buildings, offices and as shopping center Primej farm land: Land in the city which is best suited for producing feed, forage, fiber,and oil seed crops and also available for these uses. Itl has the soil quality, growing season, and moisture supply needed toj produce sustained good yield ofc crops economically ift treated and managed, including Produce. stand/curb market: A permanent or semi-permanent building stand not exceeding 200 square feet off floor areai intended toj provide aj place to: sell at retail only perishable farm and garden vegetables and orchard or grove fruits, but noti including buildings or structures erected by al bona fide farmer for the sale of seasonal produce grown on their land in an Agricultural Zoning District. Recreation facility, commercial: Arecreation facility operated as al business and open toi the Recreational vehicle: isai motor home, travel trailer, truck camper, or camping trailer with or without motive power designed for human habitation for recreational or emergency occupancy. Reference level: The reference level for any building is seven inches above the existing curb, ori in Rooming, Lodging or Boarding House: A dwelling unit within which a resident family or manager offers lodging or lodging and meals, but no other personal services, to two or more unrelated adults Rubbish: The miscellaneous waste material resulting from housekeeping, mercantile enterprises, trades, manufacturing offices and construction enterprises, including other waste material such as slag, stone, broken concrete, fly ash, tin cans, glass, scrap metal, rubber, paper, rags, chemicals, specifici item from nearby or adjacent streets or roads. fully accessible for the: storage or parking of permitted vehicles. with al number ofs stores. water management, according to modern farming methods. public foraf fee. the absence of an existing curb, above the crown of the adjacent publicr road. ine exchange for monetary compensation or other consideration. and/or similar or related combinations thereof. 21 Screening: Also referred toi in thet text as "protective screening" is a visual and acoustical barrier which, through the use of buffers, natural topography, landscaping, fences, walls, beams or approved combination thereof, is of suchi nature and density that provides year-round maximum capacity from the ground to al height of at least six feet that screens structures and activities on the lot from view from the normal level ofai first: story window on an: abutting lot. Service. station: A building or structure designed or used fort the retail sale or supply off fuels, lubricants, air, water: and other operating commodities for motor vehicles, aircraft or boats, and including the customary space and facilities fort thei installation ofs such commodities on ori in vehicles, and including space for facilities for the temporary storage of vehicles, minor repair or Shopping center: Two orI more commercial establishments planned and managed as a single unit Single parcel ownership: Possession ofa a parcel ofj property wherein the owner does not own Soil removal: Shall mean the removal of any kind or soil ore earth matter which includes topsoil, sand, gravel, clay or similar materials or any combination thereof, except common household Stable, commercia!: Any place established for gain or profit at which more than four adult horses arel kept for thej purpose of training, boarding, riding, sale or breeding or where instruction Story: That portion ofa al building, other than the cellar or mezzanine, included between the surface ofa any floor and the floor next above it, or, ift there is no floor above it, then the space between the floora and the ceiling next above it. Fort the purpose of these regulations, al basement or cellar shall be counted as a story if over 50j percent ofi its height is above the level from which the height of the building is measured, ori ifiti is used for business purposes, or ifiti is used for dwelling purposes by other than a janitor or domestic: servant employed in the same building including the family ofthe (1) Ground: story: Thel lowest story ofal building, the floor of which is not more than 12 inches (2) Half-story: Thej part ofal building between aj pitched roofa and the uppermost full story, said part havinga a finished floor: area which does not exceed one-half oft the floor area ofs said (3) Mezzanine: Shall be deemed a full: story when it covers more than 50 percent oft the story underneath said mezzanine, or,i ifthe vertical distance from the floor next below it tot the Street: A thoroughfare which affords traffic circulation and principal means of access to: abutting property, including avenue, place, way,drive, lane, boulevard, highway, road, and any other servicing. with off-street parking and loading facilities provided on the property. adjoiningproperty. gardening and general farm care. pertaining tot the same is given fora a fee. same. below the elevation oft the reference level. story. floor abovei it is 24 feet or more. 22 thoroughfare except an alley.A publics street isa a street accepted by dedication or otherwise byt the Structure: Anything constructed or erected with ai fixed location on ori in the ground, ora attached to something having a fixed location on or ini the ground. Among other things, structures include buildings, manufactured homes, signs,swimmingi pools and fallout shelters but do noti include walls Structural alteration: Any change in the supporting members ofal building or structure, sucha as bearing walls or partitions, columns, beams or girders or any change in the width or number of Subdivision regulations: Regulations as adopted by the governing body governing the subdivision Swimming pool: Any structure or container intended for swimming or bathing located either above or below grade designed tol hold watertoa a depth of greater than 24 inches. Townhouse: One ofa group oft two or more: attached single-family residences. Each townhouse unit iss separated from the: adjoining unit or units by an approved firewall or walls. Firewalls shall be located on thel lotl line. Each townhousel has ai front and rear ground level entrance. The townhouse Truck gardening: Truck gardening is the use of land for growing edible vegetables, fruits, and other crops for resale and commercial purposes. Household gardening by aj property owner fora hobby or purelyl local consumption byl himself and his family residing on the same premises shall Use: The purpose for which land, premises, or al building thereon is designed, arranged, or Utilityroom: A room or space, located other than in the basement, specifically designed and Variances: A variancei is a relaxation to the terms of this: zoning ordinance where: such variance will notl be contrary to the) publici interest and where, owing to conditions peculiar to the particular property and not the result ofa any action oft the: applicant, al literal enforcement oft the ordinance Waters system, community: Aj public water: system which serves at least 15: service connections used bys year-round residents or regularly serves at least 25 year-round residents. Water. system, individual: Aj potable water: system other than a community or public water system, serving no more than two principal buildings, residence or other facility designed or used governing body. A private street is a street not so accepted. or fences. exits, or any structural change in the roof. ofland. isl located on its owna approved, recorded, lot. not be considered tol bet truck gardening. intended, or forwhichi iti is occupied, maintained, let, orl leased. constructed to house utilities, such as major home appliances. requirements would result in unnecessary and undue hardship. forl human occupancy or congregation on one. lot. 23 Water: system, public: A system for the provision tot thej public of piped water for human consumption, ifs such system has atl least 15 service connections or regularly serves an average of at (1) Any collection, treatment, storage. and distribution facilities under the control oft the operator of such: system and used primarily in connection with such system. (2) Any collection or pretreatment storage facilities not under such control which are primarily inc connection with such system. A public water system is either a community water system Yard, front: A space extending the full width oft thel lot and: situated between the right-of-way line Yard, rear: Aspace extending across the full width oft the lotl between the rear line oft the principal Yard, side: A space situated between the principal building and side line of thel lot and extending Zero lot line: The location ofal building on: al loti ins such a manner that one or more of thel building least 25i individuals daily at least 60 days out of the year. oranon-community water system. oft the abutting street and the front line oft the principal building. building and the rear line oft thel lot. from the rear line of the front yard tot the front line oft the rear yard. sides rest directly on al lot line. 24 ARTICLEII. ESTABLISHMENT OFZONING DISTRICTS. SECTION 2.01. DISTRICTS. known as the following: Thei incorporated portions oft the city arel hereby divided into thirteen (13) classes of districts R-1 Single Family Residential R-2: Single Family Residential R-3' Two Family and Multiple-Family Residential R-PUD Residential Planned Unit Development R-MH Residential Manufactured Home District R-OI Restricted Office-Institutional C-1 Neighborhood Commercial C-2General Business C-3H Highway Commercial I-1 Light Industrial I-2 Heavy Industrial AG Agricultural C-PUD Commercial Planned Unit Development SECTION 2.02. DISTRICT BOUNDARIES. AND OFFICIAL ZONING MAPS. The boundaries of the above districts are: shown on the set ofr maps designated "Official Zoning Maps, Camilla, Georgia." These Official Zoning Maps, together with alle explanatory matter thereon, arel hereby adopted and incorporated herein by this reference: and hereby made aj part oft this Zoning Ordinance. The Official Zoning Maps shall bei identified byt the signature oft the Mayor or City Clerk and shalll be labeled "Official Zoning Maps, Camilla, Georgia.Where uncertainty exists with 25 respect to thel boundaries of any oft the aforesaid districts as shown on the Official Zoning Maps, the (1) Where zoning district boundaries are indicated as approximately following the centerlines ofroads or highways or railroad right-of-way lines extended, such centerlines or railroad right-of-way lines or suchl lines extended, shall be construed tol be such boundaries. (2) Where district boundaries arei indicated as approximately following the county line, or the corporate limits line of anyi incorporated place or the militia district line of any militia district, or thel land lot line of any land lot; such county line, corporate. limits line, militia (3) Where district boundaries arei indicated as approximately parallel to the centerlines of streets or highways, such district boundaries unless otherwise specifically: indicated, shall be construed as being parallel thereto, and each above district boundary shall be shown at (4) Where district boundaries are indicated as approximately following the centerline of streambeds or riverbeds, such centerlines or such lines extended shall be construed tol be following rules shall apply: district line or land lot shalll be construed to bes such boundaries. scale on the official zoning map oft the city. such boundaries. SECTION 2.03. DISTRICT BOUNDARY LINES DIVIDING A LOT. Int the event that: a district boundary line on the zoning map divides al lot of record held in one ownership on the date of passage oft the zoning ordinance, each part of thel lot SO divided shalll be used in conformity with the regulations established by this ordinance: for the district in which each such parcel is located. Except, that if one: zoning district comprises more than' 75 percent ofs said lot area, a use allowed in the district of majority may be extended to the existing property lines beyond the district boundary line in accordance with: setbacks and yard requirements of the district into which the use: is encroaching, with the administrative approval oft thej planning director. SECTION 2.04. LIMITED USE PROVISION. The City of Camilla establishes the "limited use" provision for the purpose ofa allowing an applicant to request that a certain property be classified as al limited use. In some areas oft the city,a particular land use activity selected out ofag general zoning classification may havel less community impact than some of the other uses within that classification. Fort this reason, an: applicant may request a rezoning petition tol limit the use ofa proposed property toas specified use only, (i.e.,C1- L.U.).Towit: Neighborhood business district limited to a' "beauty shop." Thel limited use must be among the uses) permitted int the: zone district for which the limited use: is taken. In the event that the conditions for which thel limited use: zoning was granted is violated, thej property would revert to the prior zoning classification. 26 ARTICLEIL. GENERAL PROVISIONS SECTION 3.01. APPLICABILITY Except as hereinafter specifically provided, the regulations oft this article shall apply. SECTION 3.02. CONFLICTING REGULATIONS. Whenever: any provision oft this article imposes more stringent requirements, regulations, restrictions or limitations than arei imposed or required by any other city ordinance this article shall govern. SECTION 3.03. SCOPE. Nol building or structure, as defined herein, or part thereof, shall hereinafter be erected, consructe,reconstruces, or altered and maintained, and no new use or change in use shalll be made or maintained ofa any building, structure orl land, or part thereof, except in conformity with the provisions oft this article. SECTION 3.04. ONLY ONEI PRINCIPAL BUILDING PERI LOT. Except as herein provided, there shall be no more than one principal building per lot other than (1) In residential zoning districts an "in-law suite" mayl be. allowed. When such a second accessory dwellingi is constructed, the following rules shall apply: within aj planned unit development. (a) Thei in-law suite shall not bel larger than 75 percent oft the footprint oft the primary (b) Thei in-law suite shall be used forl housing family members only. Noi in-law suite shall be rented to non-family members. No commercial use of thei in-law suite: shall C) Thei in-law suite shall meet all building setback requirements for the: zoning district (d) Eachi in-law suite shall be SO defined by permanent physical markers as tol be givena (e) Eachi in-law suite established under this section shall meet the requirements ofl local construction and use codes established by thel local governingauthority. () Building permits for construction will not bei issued prior to the approval ofe each of the aforementioned conditions by the planning director, or his designee. dwelling, with a maximum square footage of 800 square feet. be permitted. in which iti is located. numerical address and location designation. 27 SECTION 3.05. SUBSTANDARDLOTS. Anyl lot which was ofr record at the time oft the adoption of the ordinance from which this ordinance derives that does not meet the requirements of this ordinance for yards or other area or open space, may be utilized for a use for whichi iti isz zoned, provided that all applicablel health and safety standards are observed. Thej purposei is to permit utilization of recorded lots, which lack adequate width or depth as long as reasonable living or working standards can bej provided. Substandard lots under the: same ownership shalll be combined where possible, to make standard lots, or to make the lots as close tol being standard as possible. SECTION 3.06. LOT FRONTAGE. Every new residential lot shall abut aj public street. No building shall be erected on aj parcel that does not abut a public street, or road, except as otherwise provided forl herein. Ifaj property, residential or commercial, that was recorded prior to the date of adoption oft this ordinance does not abut aj public road, thel lots shall be recombined or redivided to provide the required road frontage access, ifpossible, or a legal easement: shall be recorded and ai recorded copys submitted with the permit application before al building permit may be issued. SECTION 3.07. SIGHT DISTANCE, ATINTERSECTIONS. In all districts, no fence, wall, hedge, shrub planting, or other plant or structure, which obstructs the sitel lines at elevations between two and 12 feet above the roadways shall be) placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and al line connecting them at points 25 feet from the intersection of the: street lines, or in the case ofa rounded property corner, from the intersection oft the: street property lines extended. Not trees shall bep permitted to remain within: such distances ofs suchi intersections unless the foliage linei is maintained to complywith the above sitel lines. SECTION 3.08. REDUCTION OFI LOT AREA PROHIBITED. Nol lot shall be reduced in sizes so that the yard, lot width, lot area or other requirements oft this ordinance are. not maintained, except in cases where the size ofal lot ofrecordi is reduced as ar result ofp public dedication or condemnation forj public uses and where: such size reduction has been approved by the planning director. This includes lots of record at the time of the adoption of this ordinance. SECTION 3.09. ACCESSORY BUILDINGS. Accessory buildings, except as otherwise permitted in this ordinance shall be subject to the following regulations: (1) Where the accessory buildingi iss structurally attached to a main building, it shall be. subject toand must conform to all regulations ofthis ordinance applicable toj principal buildings. 28 (2) Accessory buildings, except garages, may be erected in: any required yard except a front yard, providing further thati in noi instance shall such al building be nearer than ten (10) feet (3) Ini residential districts, an: accessory building shall note exceed thel height oft the primary structure andi in no instance shall the: square footage oft the footprint oft the accessory building, or combination of accessory buildings, exceed the: square footage of the ground (4) No detached accessory building shalll be located closer than fifteen (15) feet to any principal (5) In the case of corner lots, accessory buildings shall observe front yard requirements on both (6) Garages. In any residential zone, no garage shall be erected closer to the: sidel lot linet than (7) Carport. In any residential zone, no carport shall be erected, constructed or altered closer to the side lot line than the permitted distance for the dwelling, nor beyond the front line of (8) Manufactured homes, mobile homes or tractor-trailers shall notl be used as accessory (9) In C-3 Highway Commercial, accessory buildings require as site plan tol be drawn in accordance with section 3.16 of this ordinance. The site plan may be: approved by the: zoning administrator, or his/her designee, and administrative approval can be granted. toa any adjoining side lot line or rearl lot line. floor area of the principal building. building. street frontages. the permitted distance for the dwelling. the house to which iti is attached. buildings. SECTION 3.10. ACCESSORY DWELLING UNITS IN DETACHED BUILDINGS. This section applies to any accessory dwelling unit thati is located in a building thati is not attached (1) Guest houses, as defined, shall be permitted as accessory dwelling units, subject to the tot the principal dwelling. following regulations: (a) Accessory Use. The guest house must be an accessory use toas single-family detached dwelling already existing on thel lot. No more than one guest house may bel located (b) Lot Area Requirement. A guest house shall! be permitted only on a lot having 15,000 (c) Location. The guest house must be constructed within the rear. yard oft the residential lot separated by a distance of at least 15 feet from the principal building. on any lot. square feet or more: in area. 29 (d) Height." The maximum height oft the guest house shall be twenty (20) feet or the (e) Architecture and Building materials. The guest house shall have an architectural design and exterior building materials that are compatible with the principal () Maximum. Floor Area. The gross building floor area oft the guest house may not exceed 60 percent of the floor area oft the principal dwelling. (g) Use. Guest houses shall not be rented or otherwise occupied separately from the principal dwelling, except for non-paying guests or domestic employees residing on (h) Utilities. All required utilities of the guest house shalll be connected to thej principal () Building Code Compliance. The guest house shall conform to all applicable standards for building, plumbing, electrical, mechanical, fire, health, and other applicable codes height oft the primary structure, whichever isl less. building (single-family dwelling). the premises and sharing meals int the principal dwelling. structure. Separate or secondary meters are prohibited. for residential units. (2) Accessory Apartment, as defined, shall be permitted as accessory dwelling units, subject to the following regulations: (a) Accessory Use. The accessory apartment. shall be an accessory use to a single-family detached dwelling already existing on thel lot. No more than one: accessory (b) Lot Area Requirement. An accessory: apartment shall be permitted only on al lot (c) Location.' The accessory: apartment: must be constructed within the rear yard ofthe residential lot separated by a distance ofa at least 15 feet from the principal building. (d) Occupancy. The total number of occupants int the accessory dwelling unit shall comply with the occupancy standards of thel building code. (e) Height. The maximum height oft the accessory apartment shall be twenty (20) feet or the height of thej primary structure, whichever isl less. (f) Architecture and Building materials. The: accessory: apartment shall have an architectural design and exterior building materials that are compatible with the (g) Maximum Floor Area. The gross building floor area of the accessory apartment may note exceed 60 percent oft the floor area of thej principal dwelling. apartment may bel located on any lot. having 15,000 square feet or more in area. principal building (single-family dwelling). 30 (h) Use. Accessory apartments may be rented or otherwise occupied separately from the principal dwelling. The property owner must occupy either the principal dwelling or the: accessory: apartment as thej permanent residence. For purposes of this section, "property owner" means the titlel holder and/ or contract purchaser of thel lot, and "owner occupancy" means that aj property owner, as reflected int the title records, makes his/her legal residence: at the site, as evidenced by voter () Property Covenant Required. Thej property owner shall sign an affidavit beforea notary public affirming that the owner occupies either the principal dwelling or the accessory apartment. The applicant shall provide a covenant suitable for recording with the recorder of deeds providing notice to future owners or long-term lessors of the subject lot that the existence oft the accessory: apartment is predicated upon the occupancy of either the accessory: apartment or the principal dwelling by the person to whom the certificate of occupancy hasl been issued. The covenant: shall also require any owner of the property to notifyap prospective buyer oft the limitations of this section and to provide for the removal of improvements added to convert the premises to an accessory apartment and the restoration of the site toas single family dwelling in the event that any condition of approval is violated. 0) Utilities. All required utilities oft the accessory apartment shall be separate or have (k) Building Code Compliance. The accessory: apartment shall conform to all applicable standards for building, plumbing, electrical, mechanical, fire, health, and other () Parking. One (1)parking space shall bej provided for the accessory dwelling unit in addition to the principal structure (dwelling). Said parking shall be provided on an (m)Addressing. Accessory apartments are required to have a separate physical address registration, vehicle registration, or similar means. secondary meters. applicable codes for residential units. approved and permitted driveway or parking pad. and mailing address from thej principal dwelling. SECTION 3.11. PROHIBITED IN ALL RESIDENTIAL DISTRICTS. (1) Any structure or equipment listed in Section 108 oft the International Code Council (ICC) (2) It shall be prohibited in all residentially zoned districts to park or store in the open power driven construction equipment, used lumber or metal, or any other miscellaneous scrap or Property Maintenance Code. salvageable material in quantity. 31 (3) Vehicles larger than a regularly maintained pickup or panel truck of7,500 pounds, or greater, gross vehicle weight capacity, tractor-trailer combinations, tractors, or trailers shall not be placed, parked, or stored in residentially zoned districts except on lots five: acres or greaterands shall bel located in the rear yard. Vehicles so allowed shall not exceed one in number per lot. Trucks used, ori intended for use, for commercial purposes, less than 7,500 pounds gross vehicle weight capacity shalll bel limited to no more than one perl lot and shall bel located in the rear yard, behind the principal building. (4) Kennels. SECTION 3.12. LANDSCAPING AND: SCREENING. (1) Landscape maintenance. (a) All landscape installed in accordance with this section shall be maintained foratwo- year period (hereinafter referred to as the 'maintenance period" from the issuance (b) The procedures for administering the inspections for landscapes are as follows: (1) The: zoning administrator shall make three inspections oft thel landscape improvements on as six-month interval basis. Ifany deficiencies exist, a written report outlining the deficiencies shall be prepared by the: zoning administrator: and given toi the owner. The owner: shall make any necessary repairs or modifications required by the report of the: zoning administrator. (ii) Forty-five days prior to the expiration date of the maintenance period, the zoning administrator shall makei inspections for final landscape approval. If any deficiencies exist, a written report outlining the deficiencies shall be made and given to the owner. The owner shall make any necessary repairs or modifications required by the report of the: zoning administrator. date of the certificate of occupancy (CO). (c) Failure to maintain landscape for the required two-year maintenance period orto make repairs reported by the: zoning administrator shall be deemed to be a violation oft the Zoning Ordinance and shall subject the owner oft the property to the penalties provided for such a violation. (2) Purpose and intent. The following regulations are designed to promote the health, safety, order, aesthetics and general welfare by protecting incompatible uses ofland, providing for a more: attractive urban environment, assuring adequate open space, and reducing noise, night lighting, odor, objectionable view, loss of privacy and othera adverse impacts and (3) Submittal ofl landscape plans. A landscape plan shall bes submitted to thej planning and development department together with the site development plan if one is required. Ifa site development plan is not required by the land development ordinance, then landscapey plans nuisances through the use of buffers and landscaping. 32 must stilll be submitted tot the) planning and development department before al building permit may be issued. The following information. shall be shown on the required landscape (a) Calculation of net site area showing all existing and proposed structures, parking and access, other paved areas, and all required buffery yard areas pursuant to this plan: Section; (b) Calculation of required landscape area; (c) Location and dimensions of areas tol bel landscaped and total amount ofla landscaped area; (d) Location of all trees larger than 24 inches in caliper. (4) Landscape area required. (a) Calculation ofl landscape area: The area tol be landscaped. shall be calculated using the amount of disturbed area delineated: in any type of development. (b) Commercial or institutional uses: A minimum oft ten percent of net site area shall be landscaped. In addition: () For every 500: square feet, or fraction thereof, of required landscape area, one tree of three-inch caliper or largeri is required. Up to! 50 percent ofthe required number of trees may be replaced by five-gallon shrubs at the rate (ii) For every 50 square feet, or fraction thereof, of required landscape area, one shruba a minimum of five gallons in size is required. Up to! 50 percent oft the required number of shrubs may be replaced by three-inch caliper trees at of one tree equals ten shrubs. the rate oft ten shrubs equals one tree. (c) Industrial uses: A minimum of four percent of net site area, or, at the option ofthe developer, al landscape area of at least 301 feet in depth along the property frontage on all publici rights-of-way adjacent tot thej property. In addition: () For every 500 square feet, or fraction thereof, of required landscape area, one tree of three-inch caliper or largeri is required. Up to! 50 percent oft the required number of trees may be replaced by five-gallon shrubs at the rate (ii) For every! 50 square feet, or fraction thereof, of required landscape area, one shrub a minimum of five gallons in sizei is required. Up to! 50 percent ofthe required number of shrubs may be replaced byt three-inch caliper trees at of one tree equals ten shrubs. the rate of ten shrubs equals one tree. 33 (d) Landscape strip required: All properties except those containing single family detached or attached residences, or two-family residences, shall provide landscape strips, as herein defined, oft ten feeti in width along the developed portion of side and rear property lines. This landscape areal may account for up to 25 percent oft the landscape: area required by 3.12(d). It: shall be the responsibility oft the property owner ofal lot tol be used orb built upon to install the required landscape strips. Installation of landscape strips may be phased in: accordance with approved building plans. (5) Street trees. Trees shall be required along all parkways and roads built within a development. These trees shall be planted outside the right-of-way. The: street tree requirement shall be one tree with ai minimum three-inch caliper for every 301 linear feet of roadway. The trees may be placed in al linear pattern or be clustered to create: a more (6) Parking lot landscape requirements. Landscaping shall be required in all commercial, institutional, ori industrial developments.Ai minimum of five percent of net parking area (a) For every 100 square feet, or fraction thereof, of required landscape area, one tree oft three-inch caliper or larger is required. Up to 50 percent of the required number of trees may be replaced byf five-gallon shrubs at the rate of one tree equals ten (b) For every 50 square feet, or fraction thereof, of required landscape. area, one shruba minimum off five gallons in size is required. Up to! 50 percent of the required number ofs shrubs may be replaced by three-inch caliper trees at the rate of ten: shrubs natural effect. shall bel landscaped. In addition: shrubs. equals one tree. (7) Acceptable material. Ifawall or fencei is not used pursuant tot this section then the following must apply: (a) Multiple-family residential andi non-residential, property abutting single-family residential, property. Where non-residential property abuts property zoned for residential use, landscaping shall be provided along the side and rear property lines so that as solid screen five feet in height when planted is formed and will, withina year, grow to six feet. If deemed necessary by the planning director, or his designee, due to topographical changes between the multiple-family residential or non- residential and residential property, the minimum height may be increased to eight feet.. Ata a minimum, materials shall consist of 25 percent evergreen trees ai minimum of six feet tall, 25 percent ornamental and/or shade trees with a minimum three- inch caliper ori in small groups of ornamental and/ /or shade trees six feet talll having the: same effect ofa a three-inch caliper ornamental: and/or shade tree, and 50 percent evergreen and deciduous shrubs, provided that no more than 25 of the shrubbery 34 may be deciduous. When planted, this landscaping shall form a continuous screen (b) Ground cover: Except where occupied by planting beds, allj perimeterlandscaping areas: shall bes sodden or seeded. Ifseeded, grass shall be established through proper thati is at least six feet in height. watering and fertilization as needed. (8) Preservation oftrees. In order to encourage the preservation of existing trees, the area within the drip line oft trees of12to 24 caliper inches that is protected by fencing during grading and construction and isi included in the required landscape area shall receive double credit toward the required landscape area. Ifthe treei isi int thel buffera area, such credit can be giveni in the buffer area as long as the desired buffer: zone effecti is accomplished. Otherwise, the credit shall beg given to other areas, notl located in thel buffer area. Any tree 24 caliper inches or over shall bej preserved, unless approved for removal by the planning director, or his designee where removal of such treei is mandated by development constraints that cannot reasonably be altered. Ifs such tree is approved for removal, the tree must be replaced by a tree, or cluster oft trees, that, when planted, has an (9) Exemptions) from landscape requirements. The following are not subject to thesel landscape overall caliper ofa at least sixi inches. requirements: (a) Structures that do not create or expand building square footage and temporary structures such as jobs shacks or trailers associated with construction activities; (b) Change ine existing structure, unless the structure is expanded in accordance with (c) Temporary buildings in place forai maximum off five years and erected as accessory buildings for elementary and secondary schools and institutions ofl higher subsection (a) above; education. (10) Installation and maintenance. The owner and/or user of thej property shall be responsible fori installing all required landscaping and maintaining them in a neat and orderly appearance. This includes irrigating or watering, fertilizing, pruning and replantingwhere necessary. Where fences or walls are involved, this also includes any and all necessary maintenance: and/or repair. Necessary trimming and maintenance shall bet the responsibility of thej property owner or user of thej property to maintain thel health of all plant and landscaping materials, toj provide an aesthetically pleasing appearance, and to assure that all screening actually serves the purpose for which: iti isi intended. In cases of noncompliance, the planning director, or his designee, shall be empowered to take action as provided by law to ensure: maintenance ofa all plant and landscaping materials. (11) Miscellaneous requirements. 35 (a) All required landscape areas adjacent to vehicle use areas shall bej protected by (b) All required landscape areas shall bel located outside the exterior perimeter ofthe (c) With the exception oflandscaping required in the: side and rear. yards, a minimum of 75 percent ofa all remaining required landscape areas shall bel located in the front yard between the building line and the front property line. Forl lots with multiple street frontages, the minimum percentage tol be placed on either frontage shall be (d) No artificial plants, trees, ground cover or otherartificial vegetation may be (e) Unless otherwise specified by this section, any walls constructed pursuant to the requirements oft this section shall be a minimum of six feeti inl height and constructed oft brick, stone, or concrete block textured or coated with an architectural finish (paint, stucco, etc.). Walls shall bel located ina a manner that accomplishes the () When fencing is provided pursuant to this section, the finished surface oft the fence shall face externally to thej project. Fences shall bel located in a manner that accomplishes the purposes oft this section and: shall be constructed of solid wood or other approved material that achieves the desired visual and acoustical screening. (g) Areas reserved for storm water etention/retention are not permitted within buffers of landscape strips. However, exceptions may be granted byt the planning director, or his designee, if, after consultation with the manager of development services, no reasonable alternatives are: available or undue hardship is shown. (12) Modification ofl landscape requirements. Thej planning director, orl his designee, may approve minor variations in thel location ofi required landscape materials due to unusual topographic restraints, sight restrictions, siting requirements, preservation ofe existing stands of native trees or similar conditions, ori in order to maintain consistency of established front yard setbacks. These minor changes may vary thel location ofl landscape materials, but may not reduce the amount of required landscape area or the required amount ofl landscape materials. Thel landscape plan shall be submitted and: specify the modifications requested and present aj justification for such modifications. (a) Acceptable tree types: The following is al list of example tree types that are indigenous to the area: and tend to grow well.' This listi is not: all-inclusive. Shade trees: Black' Tupelo, Bald Cypress, Florida or Southern Sugar Maple, Gingko or Maiden Tree, Live Oak, Overcup Oak, Scarlet Oak, Swamp Chestnut Oak, White Oak, American Beech, American Holly, Chinafir, Dawn Redwood, Deodar Cedar, Green wheel stops, curbs, or other physical barriers. footprint ofal building or structure. determined by the planning director, orl his designee. installed. purposes oft this section. 36 Ash, Japanese Crytomeria, Japanese Pagodatree, Laurel or Darlington Oak, Loblolly Pine, Longleaf Pine, Red Cedar, Red Maple, River Birch, Sawtooth Oak, Shumar Oak, Slash Pine, Southern Magnolia,Sweetgum, Tulip' Tree or Yellow Poplar, Water Oak, Ornamental Trees: Bradford Pear, Cabbage Palmetto, Cassine Holly, Caste' Tree, Chinese Pistache or Pistachio, Chinese Tallowtree, Crepe Myrtle, Croonenburg Holly, Dogwood, Fringe-Tree or Grancy Graybeard, Goldenrain Tree, Hybrid Holly, Japanese Evergreen Oak, Japanese Flowering Apricot, Japanese Maple, Japanese or Saucer Magnolia, Leyland Cypress, Lost Gordonia, Nellie R.: Stevens Holly, Purpleleaf Plum, Redbay Persea, Redbud or Judas Tree, Savannah Holly, Sassafras, Sweetbay Magnolia, Trident Maple, Virginia Pine, Yaupon Holly, Weeping Yaupon Holly, Shrubbery: Clayeria, Euonymus, Japanese Privet, California Privet, European Privet, Southern Waxmyrtle, Northern Bayberry, Pittsporum, Japan Yew, and Red' Tip White. Ash, Willow Oak. Weeping' Willow. Photinia. (13) Dumpster. Screening. Standards. (a) Dumpsters shall bel kept within enclosures which comply with the following criteria a wall that is at least six (6) feet high. The outer face of the dumpster enclosure shall be located no less than five (5) feeti inside any lot line. The wall may be constructed out of masonry or stockade fencing. The wall shall be decoratively finished concrete, brick, stucco, or other material matching the exterior finish (ifmasonry) and color oft the (b) Dumpsters shall be maintained in good working order with no leaks, shall have functional lids and shall be free of jagged or sharp edges or other inside obstructions (c) Dumpsters shall be emptied by a collector licensed by the city at regular intervals as necessary to prevent accumulations and overflow of refuse. Dumpsters and surrounding areas within the enclosure shall not be used for disposal of special wastes, furniture, white goods, or hazardous substances. Dumpsters and the enclosure areas shall be maintained by the property owner free of such materials and overflowing refuse at all times. Ifa continuous problem ofi insufficient dumpster capacity is proven to exist, additional or larger capacity dumpsters and enclosures or increased frequency ofp pick-up shall be required in order to eliminate the overflow principal building. which could prevent the free discharge oft their contents. problem. (d) The base oft the dumpster enclosure must be poured concrete, in accordance with the requirements of the Building Code. The base shall extend three (3) feet beyond the front opening oft the enclosure as an apron, and all concrete must be level with adjacent asphalt. All dumpster pads shall be at least two (2) feet larger than the 37 dumpster on all sides. Wheel stops or posts shall be permanently affixed to the pad at least one (1) footi inside the perimeter oft thej pad to prevent the dumpster from striking the enclosure during collection. (e) Dumpsters and dumpster enclosures shall be located in aj position accessible for collection by the equipment oft the city licensed collector. (0) The dumpster enclosure shall be required fora all properties utilizing dumpsters for recycling services. (g) The gates oft the enclosure shall be constructed ofa frame with opaque or translucent walls affixed thereto, and both frame and walls shall be ofar material ofsufficient strength to withstand normal use. Gates shall be attached to metal posts atl least three (3) inches in diameter with at least two hinges. Each gate: shalll have a wheel at the bottom toj prevent sagging and shall have drop pins or rods to hold the gates in place inl both open and closed positions. Gates shall remain closed at all times. The city licensed collector shall be required to close the dumpster gate after servicing each dumpster. (h) Each property owner may, at its option, provide a dumpster enclosure with a thirty- inch opening on one: side, to enable aj person to walki into the enclosure to deposit () Dumpsters and associated enclosures shall not bel located on any required parking 0) Each property owner shall be responsible for the maintenance, upkeep and appearance ofi its dumpster enclosures. Property owners shall maintain dumpster enclosures in a manner which prevents the deterioration ofi its appearance and allows for the continued safe operation in compliance with this division. trash, garbage, refuse or recyclable materials. spaces. SECTION 3.13. ANIMALS INI RESIDENTIAL DISTRICTS. Regulations for animals in residential districts can be found in' Title 4, Chapter 3 ofthe Camilla City Code. SECTION 3.14. CONDITIONAL USES. (1) Before: al building permit shalll bei issued for a conditional use, an application shall be made to thej planning commission which, after public hearing and careful review ofa any applicable sections oft this ordinance and the criteria below, may recommend to the city council the 38 issuance ofs such permit or approval ifi in thej judgment oft the planning commission the application meets the criteria below and will not be detrimental to thel health, safety and (2) The public notice and procedures for the required publicl hearings by thej planning commission and the city council shall be as set forth in Article XXI herein. (3). An application to establish a conditional use: shall be approved following a public hearing and review by the planning commission, and aj public hearing and determination byt the city council that satisfactory provisions and arrangements havel been made by the: applicant concerning each of the following criteria, all of which are: applicable to each application: (a) The proposed use shall not be contrary to the purpose oft this article; (b) Thej proposed use: shall not be detrimental tot the use or development of adjacent properties or the general neighborhood nor affect adversely thel health and safety of (c) Thej proposed use shall not constitute ai nuisance or hazard or otherwise provide inadequate provisions regarding the following: the number ofp persons who will attend or use: such facility; vehicular movements, ingress and egress to the: subject property and generation of traffic, noise, odor, dust or vibration generation that negatively impacts surrounding properties; or type ofp physical activity; (d) The proposed use can be adequately serviced by public or private facilities providing necessary services such as water, wastewater treatment, stormwater (e) Thej proposed use will not be affected adversely by existing uses, and thej proposed use will bej placed on al lot ofs sufficient size to: satisfy the: space requirements ofs said (0) The parking and all development standards set forth for each particular use for (4) The planning commission may recommend and the city council mayi impose or require such additional restrictions and conditions as may be necessary toj protect the health and safety ofworkers and residents in the community, to ameliorate any negative impacts of the proposal on surrounding properties, and to protect the value and use of propertyi in the general neighborhood. Wherever the city council shall find, in the case ofa any permit granted pursuant tot the provisions of these regulations that any term, conditions or restrictions upon which such permit was granted are notl being complied with, said council shall rescind and revoke: such permit after giving due notice to all parties concerned and general welfare of the city. residents and workers; management, parks, utilities, and schools; use; and which aj permit may be granted can be met. granting full opportunity for aj public hearing. 39 (5) Conditional uses shall bei implemented within aj period of 12 months from the time thet use isg granted or become null and void and: subject toj procedures for resubmission as established above and are subject to all other applicable laws and regulations. SECTION 3.15. VARIANCES. (1) The planning commission shall authorize, after publicl hearing, in specific cases such variances from the terms oft this ordinance as will noti in its opinion, be contrary to the public interest, where owing to special conditions, al literal enforcement oft this ordinance will, in an individual case, result in unnecessary hardship. Such variance may be granted in suchi individual cases of unnecessary hardship upon consideration of the following criteria: (a) There are extraordinary and exceptional conditions pertaining to thej particular piece of property in question because of its size, shape or topography; (b) The application oft the ordinance to this particular piece of property would create an (c) Such conditions arej peculiar to the particular piece of property involved; and (d) Relief, if granted, would not cause: substantial detriment tot the publici interest or impair thej purposes and intent oft this ordinance, provided, however, that no variance may be granted for a use ofl land or building which is prohibited by this article. The city will control the: actual use of properties through zoning and unnecessary hardship; conditional uses and not through variance. (2) In exercising the above powers, the city council shall not consider any nonconforming use of neighboring! lands, structures or buildingsi in the same district, nor permitted use oflands, structures, or buildings in other districts, as grounds for thei issuance ofa variance. (3) The public notice and procedures fort the required publichearings by the planning (4) Ifthe planning commission grants a variance the reason for such variance must bej put forth clearly in the minutes of the meeting at which the variance was granted. (5) Variances shalll bei implemented within aj period of12 months from the time the variance is granted or become null and void and subject toj procedures for reapplying and are: subject to (6) Any person aggrieved by a final decision oft the planning commission regarding a variance is authorized to seek review ofs such decision by the Camilla Board of Zoning Appeals forawrit of certiorari, setting forthj plainly, fully and distinctly the alleged error(s). .Such petition shall be filed within thirty (30) days after the final decision of the planning commission is commission shall be: as set forth in Article XXI. all other applicable laws and regulations. rendered. 40 SECTION 3.16. SITE PLAN REVIEW. (1) In order to assure that the requirements oft this ordinance are complied with, all applications for al building permit shall! be accompanied by al building site plan which shall conform tot the following list of requirements and which shall be reviewed by the city planner, orl his duly authorized representative, to determine compliance with this article before al building permit is issued.. A building permit application shall not bei issued for proposed site plans that do not meet all oft the following requirements: (a) The site plan shall be drawn to: scale. The planning director, or his designee, may request that the plan be drawn by a registered engineer or surveyor certified to work in Georgia ifquestions off flood zonel locations exist within the property for (b) The plan shall show the complete outline of each proposed building at thel location it is proposed tol be built. The plan shall also show the actual size oft thel buildingt to be erected. The plan shall also show all existing structures located on the propertyand (c) The plan shall show all property lines. Thej plans shall also show the actual (d) The plan shall show all required property set back lines. Noj part of any permanent structure shall encroach upon or violate any required setback. (e) Thej plan shall show the exact location ofa all easements on the property. No part of any permanent: structure shall encroach upon anye easement. (0) Thej plan shall: show allj parking, driveways, welll location, septic tank location, drainfield location, trees larger than 24i inches in caliper and landscape buffersand (g) The plan shall show all other structures on adjacent lots within ten feet of the (h) The plan shall: show front, side, and reare elevations indicating thel building height (2) After thel Planning Director or his duly authorized representative has approved the: site plan (3) Before construction begins, the builder shall locate and clearly mark: alll lot corners. (4) Att the time the building inspector conducts the foundation inspection, he may undertake whatever measurements he may deem appropriate including, but notl limited to, measurements from the property lines to the proposed outermost edge oft the building, sO which al building permiti is being sought. their exact dimensions. dimensions of thel lot tol be built upon. all other requirements as set outi in this ordinance. appropriate property line. from finished grade. such approval shall be noted on the permit application. ast to assure compliance with the approved site plan. 41 SECTION 3.17. FLAGLOTS. Flagl lots shall bes subject to the following regulations: (1) Flag lots shall be measured from the mid-point between two opposite lotl lines oft the flag portion oft thel lot. (2) When calculating lot area the pole portion shall notl be counted. (3) The minimum required lot area: shall be the same as that required in the: zoning district in (4) The access pole must bej part of the flag lot and must be under the same ownership as the flag portion. An easement shall not be allowed as a means ofaccess toa flag lot. (5) Flagl lots shall not be permitted whenever their effect would be toi increase the number of driveways taking access to a collector or arterial road. Shared driveways shalll be used to eliminate additional points of access. This criterion prohibits one of the most common abuses, the use of flagl lots to avoid the developmental costs of roads. These sites arel best developed without flagl lots, even ift the cost oft thel lotsi ist thereby increased, since controlling (6) Any land division that creates one or more lots, flag or otherwise, with or without common access shall be a minor subdivision and: shall meet: all applicable regulations of the city which iti is located. access reduces congestion on major roads. subdivision ordinance. (7) All applicable regulations oft the: subdivision regulations must be met. (8) Flagl lotsl have required building setbacks that must meet the requirements in the zoning district in whichi it is located. The pole portion shall not be considered when determining (9) The access pole shall have a minimum width of 30 feet and shall not be greater than or equal tot the minimum required width for buildingi in the applicable zoning district. The purpose oft this maximum width criterion is toj prevent an abuse off flagl lots in orderto circumvent the city's length versus width requirementi int the subdivision ofl lots. The maximum length of the pole oft thel lot shall be no more than five times thel lot width of the required building setbacks. flag portion. SECTION 3.18. FENCES. Walls or fences shall be permitted in any zoning district and are not subject to: setback (1) No wall or fence: shall exceed eight feet in height within a side yard or rear yard. requirements, except that in a residential: zoning district: 42 (2) Any wall orf fence that extends into the front yard shall not exceed four (4) feet inl height, except fences enclosing stormwater facilities that may not exceed six feet in height.. Any wall or fence that extends intot the front yard shall not bel built within (5) five feet oft the right-of- (3) Fences on corner lots are required to meet the regulations for front yards on both sides way. facing the streets and must maintain a sight visibility clearzone (4) Fences enclosing tennis courts may not exceed 12 feet in height. (5) No wall or fence constructed of woven wire or metal fabric (hog wire, barbed wire, or similar types of fencing) shall extend into: ai front yard, except fences enclosing stormwater facilities that may be vinyl coated chain link. No wall or fence shall be constructed of exposed concrete block, tires, junk, wooden pallets, or other discarded materials. Chain link (6) Any wall or fence that extends intot the required front yard shalll be ornamental or decorative and constructed ofl brick, stone, wood, stucco, wrought iron, split rail, ors similar (7) Any subdivision entrance, wall or fence shall not exceed eight feeti in height and: shall be (8) Above-ground electrica and barb wire fences shall be prohibited in residential districts except on lots that meet or exceed the minimum requirements for the raising and keeping of livestock (five acres) and then must only! be located in the rear yard. (9) For the purpose ofr measuring thel height ofa fence under this section, such measurements shalll bei made from the ground directly below the fence and not from the bottom of the fences are expressly: allowed in front yards. material. subject to approval of the director of planning. fencei itself. SECTION 3.19. SIDEWALKS. (1) Sidewalks shall be located: (a) Along the street frontage ofa all non-residential developments. Thej planning director may waive thei installation of sidewalks ifthe development is agricultural orl located (b). Along the street frontage ofa all developmentswithina one-half mile radius ofa any (c) Along thei interior streets of all residential developments with a minimum lots size of (2) Sidewalks shall be installed on one side of thes street ift there are: fewer than 1001 homes in the entire development. Sidewalks shall be installed on both sides oft the streeti ifthereare on arural road section. public school. three-quarters acre or smaller. 43 more than 100 homes int the entire development. The total number ofl lotsi in a development shall be calculated using all phases oft the development, including phases already completed, phases included on the approved general development plan, and phases completed by other developers with the: same subdivision name. (3) Sidewalks in subdivisions shall be continued to the nearest arterial street. (4) Sidewalks shall be constructed in accordance with thel latest standards set forth in the American's with Disabilities Act (ADA) Standards for Accessible Design. The latest (5) Thel home builder: shall install: sidewalks along the entire frontage of each permitted dwelling prior to the certificate of occupancy (CO) beingi issued for the residence. Priort to commence of construction of the residential development; the developer of the residential subdivision shall post al bond in the estimated amount of 125 percent oft the total cost of the sidewalk construction and installation for ap period oft two years from the date that such bond that such bond is posted.. At the expiration oft the two-year period, sidewalks shall be constructed by the developer int front of any lots where sidewalks have not already been installed byt the home builder.Any damage to existing sidewalks caused by the developer or the home builder, or their respective agents or subcontractors, during construction on individual lots shall be repaired by the individual lot permit holder priortoac certificate of standards can be found at tps//wwwadagoy. occupancy being issued for the residence being constructed. SECTION 3.20. PUBLIC WATER AND SEWER. available, are connected and in usable condition. Nol building permit shall bei issued and no building shall be occupied until public water and sewer, if SECTION 3.21. COMMUNITY RESIDENCE REQUIREMENTS. (1) Purpose and intent. This section is intended to address the regulation ofr nontraditional living: arrangements ine existing single-family residential neighborhoods as well as in other zoning districts throughout the community. Itisa adopted in response to concerns thatt these types ofliving arrangements could impact the residential character of the neighborhoods in which they arel located. This section is designed tol help protect the character and stability of the city's neighborhoods while also maintainingar non-institutional setting for this type of (2) Applicability, Noj person shall established or operate a community residence (as defined in this ordinance), or let aj person occupy any rooming uniti in any community residence except housing. inc compliance with thej provisions of this article. 44 (3) Business registration ofe existing community residence. Noj person shall operatea community residence unless hel holds a valid Occupational Tax Certificate (OTC) issued in the name oft the operator and for the specific dwelling. Property owners operatinga community residence shall register the community residence: as an existing business within onel hundred twenty (120) days from the effective date oft this section. It shall be unlawful to continue to use or operate a community residence int the city after one. hundred twenty (120) days from the effective date of this section, unless the community residence has been registered with the city. The city shall compile and maintain al list of registered community (4) Occupational Tax Certificate application requirements. The application for an OTCshall include the agent of the property and the resident manager as applicable. The applicant for an OTC required by this section shall file while the application the following: residences. (a) A copy of the recorded plat for thej property; (b) A site plan,i ifr no current. as-built survey exists; (c) A parking plan for the: structure detailing where and how many vehicles are tob be parked on site including a written statement describing thej plan. (d) A floor plan of each floor oft thel building. Said floor plan shall be drawn to: an acceptable architectural scale and shall show all: stairs, halls, the location and size of all windows, thel location and size ofl habitable rooms and the exits of each floort to be occupied. Thei intended use of every roomi in thel building must be indicated on the floor plans submitted. For residences with' 7 or more occupants (excluding employees or managers) complete architectural plans signed by a registered (e) A written statement indicating the number of persons proposed tol be accommodated or allowed on each floor. Services to bej provided, ifany. () Upon receipt ofac complete application, the property may be: assigned a conditional OTC. Conditional OTC'sare granted toj provide the applicant the local documentation necessary to apply for any required statel license. This will be converted toj permanent status when proof of state licensing is presented ifapplicable. Failure toj provide a copy of the: state license within architect are required, and; 6months voids the conditional OTC. (5). State license. When licensing is required by the: state for the operation ofa community residence as defined by this ordinance, proof ofs such license must bej presented to obtain a permanent OTC. All such facilities shall display both their state license and OTC: so they are (6) Inspection. All community residences must obtain fire and electrical inspections (where necessary,asar requirement of state or local laws) before eitherac certificate of occupancy or plainly visible from the front doorway of the facility. 45 OTC may bei issued or renewed by the City. Certification evidencing satisfactory inspections mustl be displayed in plain view visible from the front doorway of the facility. (7) Distance. separation. Community residences shall be separated from any other community residence by a minimum of one thousand (1000) feet as measured from thej propertyl line of the existing licensed establishment to the property line oft thej proposed location. The method of measurement shall bet the direct route of travel along: aj paved or otherwise improved route appropriate for public vehicular, bicycle or pedestrian traffic. (8) Appointment ofagent and agent responsibilities. As part oft thei registration process, property owners of existing and new community residences shall appoint an agent, who lives in Mitchell County, as thej person responsible for the property. The designated agent shall be: available tol be contacted twenty-four (24) hours a day, seven (7) days a week. The agent is the party designated to receive all notices from the city concerning the use oft the property. The name and telephone number oft the agent responsible for the community residence willl be provided by the city to any neighbors who contact the city with complaints about the community residence. The designated agent for thej property shall be responsible for responding expeditiously to any complaints received by the city and problems ifthey (9) Occupancy. Maximum occupancy for any structure: is determined byt thel location's: zoning designation and the International Property Maintenance Cody requirements. (10) Construction, renovation, site improvements and design requirements. In all residentially: zoned districts, the square footage of an existing dwelling shall not be enlarged by more than 25j percent to facilitate use of the: structure as a community residence. Ini no case shall alterations be permitted to an existing community residence for the purpose of increasing the number of persons served bys such facility. Exterior modification of an existing dwelling and provision of required parking shall be compatible with the residential character oft the surrounding neighborhood design and scale including landscaping. Any new construction shall be compatible with the residential character, scale and materials oft the surrounding neighborhood and comply with historic (11) Signage. Community residences must comply with the: sign ordinance provisions in the zoning regulations for the underlying zoning district where the structure is located. (12) Parking. Parking congestion must be avoided. Both on-site and off-site parking shall conform to the standards contained elsewhere in this ordinance and be designed in sucha way so as tol be compatible with the residential character oft the surrounding (13) Responsibilityformaintenance. The property owner, property agent, and resident manager (wherea applicable) of each community residence shall bei individually responsible fort the maintenance ofs safe and sanitary conditions in every part ofthe community residence. Thisi is toi include the maintenance of the exterior oft the: structure occur. district guidelines where applicable. neighborhood. 46 and landscaping. Exterior maintenance must be: such that thes structure's outward appearance is that ofa residence, sO as not to detract from the residential character ofthe neighborhood. Failure to meet these standards is grounds for nonrenewal oft the (14) Appeals. A variance from these requirements may be requested in cases where the strict adherence to the regulations would cause and undue hardship upon the applicant. Sucha variance may only be granted top provide reasonable accommodations. The appeal process shall be governed by Article XXII oft the City of Camilla Zoning Ordinance. (a) Purpose. It is thej policy of the City of Camilla, pursuant to the Fair Housing Amendments Act of1988, toj provide individuals with disabilities reasonable accommodation in regulations and procedures to ensure equal access tol housing, and to facilitate the development of housing fori individuals with disabilities. The purpose of this section is toj provide a formal procedure under which a disabled person may request ar reasonable accommodation in the application of zoning policy,practice or procedures, and to establish relevant criteria to be used when considering such requests, all so as not tol limit meaningful access tol housing fort the (b). Applicability. Reasonable accommodation in thel land use: and: zoning context means providing individuals with disabilities, or developers ofl housing for people with disabilities, flexibility int the application ofl land use and zoning and building regulations, policies, practices and procedures; or even waiving certain requirements when iti isi necessary to eliminate barriers to housing opportunities. Ani individual with a disability is someone whol has aj physical or mental impairment that limits one or more: major life activities; anyone who is regarded as havings such impairment; or anyone with ar record ofs such impairment. A request for reasonable accommodation mayl be made by ani individual with a disability, his or her representative; or a developer or provider of housing fori individuals with disabilities, when the application ofal land use or: zoning policy, practice or procedure acts as a barrier to fair housing opportunities. This section is intended toj provide for minor structural modifications and/or regulatory exceptions. Nothingi int this section shall bei interpreted to require the city tov waive or reduce development or building fees associated with the granting ofa (c) Application. Requests for reasonable accommodation shall bei in writing and location'sOTC. (15) Reasonable Accommodation. disabled. reasonable accommodation request. provide the following information: (1) Required information: 47 Applicant's name, address, and telephone number Address of thej property for which the request is being made The name and address oft the property owner and the owner's written consent to the application The current use of thej property General information about the nature oft the disability of the subject Zoning code provision, regulation or policy from which accommodation Explain how the requested accommodation relates to the needs oft the (2) Review with other land use applications: Ifthe project for whicha reasonable accommodation request is being submitted also requires some other land use approval (such as a rezoning) then the applicant shall submit thei reasonable accommodation application first fora a determination before individual(s) that are the focus oft the request isl being requested disabled person(s) proceeding with the other applications. (d) Approval Authority. () Directord ofl Planning. The Director of Planning has the authority to review and decide upon requests for reasonable accommodation, including whether the applicant is a disabled person within the meaning of this chapter. The Director of Planning may refer the matter to thel Planning Commission and ort the Historic Preservation Commission as appropriate, (ii) Planning Commission. Thel Planning Commission has the authority to reviewa and decide upon requests for reasonable accommodation, including whether the applicant is a disabled person within the meaning oft this chapter, when referred by the Director of Planning or when a reasonable accommodation request includes any other land use: request. (iiHistoric Preservation Commission. Thel Historic Preservation Commission has the authority to decide upon requests fori reasonable accommodation; including whether the applicant is a disabled person within the meaning of this chapter, when referred byt thel Director of Planning or when a reasonable accommodation request includes any exterior design modifications on historicl homes. (e) Notice Requirements. No advance notice or publicl hearing is required for consideration of reasonable: accommodation requests before thel Director of 48 Planning. Requests for reasonable accommodation subject to review by thel Planning or Historic Preservation Commissions shall require advance notice but noj public hearing. In this situation, advance notice: shall be: accomplished byi including the (0) Decision. Thel Director of Planning shall render: a written decision or refer the matter to the Planning Commission within 7 days after the application is complete. The Planning or Historic Preservation Commission shall approve, approve with conditions or deny the application, in writing, within 30 days of receiving the (g) Findings. The reviewing authority shall approve the application, with or without request in the advertisement of the meeting agenda. application from thel Director of Planning. conditions, ifit can make the following findings: () Thel housing willl be used by a disabled person; () The requested accommodation is necessary to make specificl housing (ii)The requested accommodation would not impose an undue financial or (iv)The requested accommodation would not require a fundamental alteration in the nature ofa city program or law, including land use: and zoning. (h) Appeal. A decision byt thel Director ofl Planning may be appealed within thirty (30) days to the Planning Commission and a decision oft the Planning or Historic Preservation Commission may be appealed tot the Board of Zoning Appeals within available to a disabled person; administrative burden on the city; and thirty (30) days. () Fees. There shall be no fee for an application requesting reasonable accommodation. Ifthe project for which the request is being made requires other planning permit(s) ora approval(s), fees for applicable applications shall applyas established. There shall be no fees for appeals to decisions on reasonable accommodation. (16) Definitions. Community Living Arrangement (CLA): Any residence, whether operated for profit or not, that undertakes through its ownership or management to provide or arrange for thej provision of daily personal services, supports, care, or treatment exclusively for two or more: adults who are not related tot the owner or administrator byl blood or marriage and whose residential services are financially supported, in whole ori in part, by funds designed through the Department of Behavioral Health and Development Disabilities (DBHDD). 49 Community Residence:. A dwelling unit occupied byt two or more typically unrelated persons as their normal place ofi residence, buti in which separate cooking facilitiesa are not provided for such resident persons. The term community residencei includes buti is not limited to fraternity house, sorority house, roomingl house, boarding house, community living arrangement and personal carel home. A retirement community, nursing home, hotel or motel or bed and breakfast inn shall not be deemed tol bea agroup Memorycare. services: means the additional watchful oversight systems, program, activities and devices that are required for residents whol have cognitive deficits which mayi impact memory, language, thinking, reasoning, or impulse control, and which] place the residents at risk ofe eloping, i.e. engaging in unsafe wandering activities outsidet the Memory care unit: means the specialized unit or home that either holds itself out of providing memory care services or provisions personal services in secured Personal care home: A building(s) in whichl housing, meals, and twenty-four-hour continuous watchful oversight for two or more adults are provided and which facility is licensed or permitted as aj personal care home by the State of Georgia. The term personal care home shall not include a child caring institution, transitional. housing, a rehabilitation housing, facility, a rooming house, a boardinghouse, or any facility that provides residential services for federal, state orl local correctional institutions. Personal care home includes a community living arrangement, which is an establishment licensed by the state which undertakes through their ownership or management to provide or arrange for the provision of daily personal services, care or treatment fort two or more adults who are not related to the owner or administrator and whose residential services aref financially supported, in whole or in part, by funds designated through the Department of Behavioral Health and Developmental Disabilities. Thet term also includes memory care units which provide memory care services in a secured residence as herein defined. home. surroundings. environment. Family Personal Care Home: A Personal Care home in a family type residence, non-institutional in character, which offers care for two to six adults. Group Personal Care Home: Al Personal Care home in ai residence or other type of building that is non-institutional. in character and offers care for seven to 12 Congregate Personal Care Home: A Personal Carel home that offers care to 16 or adults. more. adults. Personal Services: includes, but is not limited to, individual assistance with or supervision ofs self-administered medication, assistance with: ambulation and transfer, 50 and essential activities of daily living such as eating, bathing, grooming, dressing, and Private home care provider: Provides' "privatel home care services" which means an agency that is licensed toj provide through its own employees or agents services ata client's residence that involves direct care to that client and includes nursing services, Recovery. Residences: Housing for persons released from prison, jailor mental health facility who need a more restrictive environment than outpatient services to establish or maintain abstinence from alcohol and other drugs and criminal or other behavioral issues. Recovery Residences: are categorized according to thei intensity of thes substance toileting. personal care tasks and companion or sitter tasks. abuse services/counseling thati is delivered. Standard Recovery Residences require all residents to attend one or morel hours ofs substance abuse services or counseling, or mental health counseling per Intensive Recovery Residences require all residents to attend five or more hours of substance abuse counseling, or mental health counseling per week, delivered Rooming, Lodging or Boarding House: A dwelling unit within which al resident family or manager offers lodging or lodging and meals, but no other personal services, tot two ori more unrelated adults in exchange for monetary compensation or other Structured. Housing: Housing fori individuals who meet prison-release eligibility requirements but who do not have an available residence and for probationers or parolees whol become displaced. Does noti include substance abuse or mental health treatment, although other programs may bej provided., Attendance at available programs Transitional housing facility: Al building or buildings in which is provided long-term but noj permanent living accommodations for more than six (6) persons whol haver no permanent residence and: are in need of long-term housing assistance. Child Care Institutions (CCI): Any child-welfare facility which either primarily or incidentally provides full-time room, board and watchful oversight to six or more children through 18 years of age outside oft their own homes, as licensed or commissioned by Georgia Department ofl Human Services, Office of Residential Child Care (ORCC). This may include, at the discretion of the Planning Director, child caring facilities also regulated by ORCC fori individuals up to 21 years of age, including Outdoor Child Caring Programs (OCCP), Children's Transition Care Centers (CTCC), Maternity week. by certified substance abuse counselors. consideration. is not required in Structured Housing. Homes, and Runaway and Homeless Youth Programs (RHYP). 51 SECTION 3.22. HOME OCCUPATIONS. The purpose oft this Article is to permit business enterprises within a residence, thereby promoting small business opportunities. Such business enterprises, referred to as home occupations, are permitted in all oft the residential zones, both owner-occupied and leased properties, providedt the proposed occupation satisfies the definition ofl home occupation as: stated in Article II, and to applicable City, County, or State regulations. A home occupation is noti intended to provide walk-in orretail services, thereby replacing commercially zoned properties. (1) Application Requirements Any member ofaf family occupying a dwelling may make application with the Planning (a) Site address, mailing address, assessor's map number, and taxl lot number oft the (b) A written description of the proposed home occupation in business letter format addressed to the Planning Director and containing all contact information. Ift the proposed location of thel home occupation is al leased propertyale letterand signature (c) An nonrefundable filing feei in an amount, which shall be established, and may be changed, by general resolution or ordinance by the City Council. Director.Such application shall contain the following: property; from the property manager or owner is required;and (2) Level of Review (a) TYPE: 1: Approval by the Planning Director. In ordert to administratively approve a home occupation (Type 1), the Planning Director, or his/her designee must find that the application satisfies the following standards for home occupations: () The occupation is to be carried on within aj residential building and only by (ii) Thei residential character oft the main building or accessory dwelling unit (ii)The business must be conducted in such a manner as not to give an outward appearance, nor outwardly manifest any characteristic ofal business, except (iv)The occupation must noti infringe upon the livability of the neighborhood and its residents to enjoy thej peaceful occupancy of their homes. (v) No increase in traffic or noise may be expected other than that attributed to normal residential usage ori infrequent deliveries. Customers or clients shall members of the family occupying the dwelling unit. must be maintained. as permitted by Article XIX. 52 notl be visiting thel home occupation to conduct business; instead the business owner shall got to the customer or client. (vi)The subject property has no outstanding general nuisance or building code (b) TYPEZ-Adminstrative Review. Home occupations that may have noticeable impacts on the neighborhood, such as an increase in traffic, noise, or odor, will requirea petition of signatures of neighboring property owners. Ifneeded, thel Planning Director may schedule aj public hearing before the Planning Commission. (c) Uses that will not bej permitted fora al home occupation include any form of motor violations. vehicle and/or engine repair. (3) Referral to Planning Commission Whenever there isa a question as to whether an application satisfies thel home occupation standards, such as the' Type 2, the Planning Director will require aj petition with the approval of all oft the owners (or their representatives) ofabutting or immediately adjacent properties, and twot thirds (2/3) of the remaining property owners (or their representatives) within three hundred (300) feet of the exterior boundaries oft the subject property. Ifthe Planning Director does not receive the necessary signatures, the applicant shall be referred to the Planning Commission for consideration. The Planning Commission shall hold aj public hearing within sixty (60) days oft the date the application was filed with the City, and notice of the public hearing shall be provided as set forth in Section 21.03, with the exception that only property owners within threel hundred (300) feet oft the subject property: shall be notified by mail, which includes all residents of adjoining property. The applicant shall bei responsible fort the fees associated with the home occupation application process. The application shall be approved if thel Planning Commission finds that thel home occupation satisfies the conditions of Section 3.22(2), above. The Planning Commission may place conditions on the approval if such conditions will effectively allow thel home occupation to: satisfy the criteria of Section 3.22(2). An administrative decision byt the Planning Director may be appealed to the Planning Commission, and al Planning Commission decision may be appealed to the Board ofZoning (4) Appeal Appeals, pursuant to thej provisions of Section 22.08. (5) Effect Al business license for thel home occupation shall not bei issued until a seven (7) working day appeal period of an: administrative approval has elapsed from the date of approval. An appeal shall automatically: stay thei issuance oft the license until such appeal has acted thereon. In the event the Planning Commission or Zoning Board of Appeals acts to approve the home occupation when iti is appealed, the business license may bei issued 53 immediately thereafter. The business license shalli indicate that the business is a home occupation and shall give the date of fapproval ofs same by thel Planning Director, the Planning Commission, ort the Zoning Board of Appeals. Thel license for al home occupation shall not bet transferable, and thej privileges it grants shall be limited to the person(s) named on ita and to thel location and activity for which it was issued. (6) Review and Enforcement The granting ofa al business license for a home occupation shalll be, at ai minimum, subject to an annual review byt the Planning Director or Planning Commission. Ifiti is determined that thel home occupation requirements are notl being completely fulfilled, thel Planning Director may refer said home occupation to thel Planning Commission to review in accordance with the criteria of Section 3.22(2), above. SECTION 3.23. SOLAR ENERGY SYSTEM REGULATIONS. Itist thej purpose of this regulation toj promote the safe, effective and efficient use ofs solar energy systems installed to reduce the on-site consumption of utility supplied energy and/or hot water as ap permitted accessory use while protecting thel health, safety and welfare of adjacent and surrounding! land uses through appropriate: zoning and land use controls.. A: solar energy system shall be permitted in any: zoning district as an accessory to aj principal usel herein and: subject to specific criteria as set forth below. Where said general standards and specific criteria overlap, the Thei installation and construction ofas solar energy system shall be subject to the following specific criteria shall supersede the general standards. development and design standards: (1) A: solar energy system is permitted in all: zoning districts as an accessory to aj principal use. (2) A: solar energy system may be roof mounted or ground mounted. (3) A roof mounted system may be mounted on aj principal building or accessory building. A roof mounted system, whether mounted on the principal building or accessory building, may not exceed the maximum principal building height or accessory building height specified for thel building typei in the underlying zoning district. In no instance shall any part oft the solar energy system extend beyond the edge of ther roof. (4) All solar systems shall not exceed the maximum building height. (5) Thes surface area ofa a ground mounted system, regardless of the mounted angle, shall not (6) A ground mounted system or system attached to an accessory building shall not bel located exceed more than 15% oft thel lot area. within the required front yard. 54 (7) Thei minimum solar energy system setback distance from the property lines shall be equivalent tot the building setback or accessory building setback requirement oft the (8) All mechanical equipment associated with and necessary for the operation oft the ground underlying: zoning district. solar energy system shall comply with the following: (a) Mechanical equipment shall be screened from any adjacent property. The: screen shall consist ofs shrubbery or trees which provide a visual screen. In lieu ofa aj planting screen,ac decorative fence meeting the requirements oft the Zoning Ordinance may be used. (9) Solar panels shall be placed such that concentrated solar radiation or glare shall not be (10) All power transmission lines from a ground mounted solar energy system to any building (11) Asolar energy system shall notl be used to display advertising, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners or similar materials. The manufacturers. and equipment information, warning, ori indication ofownership shall be allowed on any equipment oft the solar energy system provided such (12) As solar energy system shall notl be constructed until al building/zoning: permit has been approved andi issued. Installer shall be approved or licensed by thes solar equipment (13) The design of the: solar energy system shall conform to applicable industry standards. A building permit shall be obtained for a solar energy system. Existing roof structures: shall be assessed bya al licensed structural engineer to assure the structural integrity oft the roof (14) The solar energy system shall comply with all applicable City Ordinances and Georgia directed onto nearby properties or roadways. or other structure shall bel located underground. information is discrete and not easily visible from the public view. manufacturer. to support a solar system. Building Code requirements. SECTION 3.24. ORGANIZED PRIVATE! SALES (YARDS SALES) The purpose of this section is to promote and protect the public health, welfare and safety by regulating yard, garage, and porch sales that occur in residential zoned districts. Iti is intended to protect thej property values, create: ar more: attractive economic: and business climate, enhance and protect thej physical appearance of the community,and preserve the scenic and natural beauty of designated areas. Iti is furtheri intended to eliminate distractions and obstructions that may contribute tot trafficaccidents, and enhance community development in these areas. 55 (1) Definitions. As used in this section: Dwelling Unit- Meansa a: structure or the part ofas structure thati is used as a home, residence, or sleeping place by one person who maintains a household or by twoor Multiple Dwelling Unit Property- means any single parcel or jointly owned contiguous parcels ofp property that contain moret than one dwelling unit on that property. Multiple Dwelling Unit Properties include but are not limited to: multi- family homes, duplexes, apartment units, or manufactured home communities. Organized Private. Sale or OPS- means any garages, porch, or yard sale, or any sale of goods by an individual person organized to occur on aj person's private property, residential premises, or dwelling unit.. An OPS does noti include retail or commercial sales ofg goods that occur at: al business of commercial property that isi in compliance Permit- means thej permit required for an OPS event, by each residential premise or dwelling unit participating in the: sale of goods at the OPS. Each permit shall comply with the form on file with the Clerk/ Treasurer of the City of Camilla, in order to be Residential premises- means a dwelling unit for residential use and occupancy and the structure of which it isa aj part, the facilities and appurtenances ini it, and the grounds, area, and facilities fort the use by a single family to reside. This definition does noti includeau unit, structure, or facility fort the use byt the owner or of tenants Sign- means any: structure, vehicle, or natural object, such as at tree, rock, bush or the ground itself, or part thereof, or device attached thereto or painted or represented thereon, which shalll be used to attract attention to any Organized Private Sale, or Which isi in the nature of, an announcement, direction or more persons who maintain a common! household. with zoning codes. valid. solely for commercial or business activity. advertisement fora an OPS event or events. (2) Limitations. The following limitations shall applyt to any OPS or any Sign within the territorial limits oft the City of Camilla. (a) No Organized Private Sale shall be permitted in any area zoned Commercial or (b) An Organized Private Sale may be permitted only in areas: zoned Residential, sol long Industrial. as each Organized Private: Sale Complies with Section 3.24. 56 (c) No Organized Private Sale shall bej permitted unless the permit from the City of Camilla is obtained at least three (3) days before the start of each Organized Private Sales event and the Organized Private Sale shall: I Note exceed ai maximum duration of two (2) consecutive days per OPS event; ii. Not take place on lots, parcels, or properties not specified in the Permit; iii. Not be staffed by or operated by a person or persons who are: noti identified iv. Not negatively: affect neighboring properties by excessive trash, refuse, or parking that impedes the flow oft traffic on nearby streets; V. Bel limited toai maximum oft two (2) OPS events each calendaryear, per vi. Bel limited to a maximum of two (2) OPS events each calendar year, per by name and residential address in the permit; residential premises or dwelling units; Multiple Dwelling Unit Property; vii. Permit must be on hand during the entire OPS event. (d) No sign relating to an OPS: shall be placed, erected, affixed, or overhung in any public right of way or supported, braced or guyed from or tot the public a sidewalk, street, alley or public thoroughfare, tot traffic control, directional, or publicright of way identification signs, to the surface ofap public mailbox located in aj public right of way, or tot the property of publicly owned utilities. Nos signs directing and guiding traffic and parking onto private property for an OPS event shall bej placed, erected, affixed, or overhung on public ii. No signs relating to an OPS event. shalll be placed, erected, affixed, or overhung that exceed three (3) square feet in area. iii. No signs relating to: an OPS event shall be placed, erected, affixed, or overhung that violate the provisions of Chapter 6, Article E oft the Camilla property. City Code. (e) Any Sign relating to an OPS event shall only be placed, erected, affixed, or overhung on private property with the written permission of the true property ownerv where the sign is located. 57 Any person who obtains written permission pursuant to this section shall maintain a copy ofa fany written authorization, and disclose the any written authorization to the Camilla Zoning Administrator upon request. ii. Nos sign relating to an OPS event shall bej placed, erected, affixed, or overhung more than forty-eight (48) hours beforei the first day ofthe OPS event. Any person responsible for as sign relating to an OPS event shall remove. any such signs within twenty- four (24) hours after the conclusion of the OPS event. () Any property manager for a Multiple Dwelling Unit Property, that is participating in the operation of an OPS, shall obtain thel Permit, and each participating dwelling unit shall also obtain the permit,pursuant to Sections 3.24(2) (c),(d), and (e). There: shall be one permit request for thel Multiple Dwelling Unit Property and one additional permit for the persons conducting the OPS from dwelling ii. Both applicants to who the permits arei issued: shall be jointly and severally responsible for maintaining the OPS and Signs therewith pursuant to section ii. Any member of another residential premises or another dwelling unit who participates in the operation of an OPS at another residential premises or another dwelling unit, shall also obtain thej permit pursuant to section Sections 3.24(2) (c),(d), and (e), in order toj participate. at an OPS event that occurs at: al location that is not his orl her residential premises or dwelling unit contained therein fore each OPS event. Sections 3.24(2) (c),(d),and (e). unit. iv. Both applicants to whom the permits are issued: shall be jointly and severally responsible for maintaining the OPS: and Signs therewith pursuant to sections Section 3.24(2) (c),(d), and (e). (3) Exceptions. The provisions of section 3.24 shall not apply to the annual City of Camilla Gnats Days festival or during City of Camilla Chamber of Commerce sponsored events. (4) Violations. (a) Any person who violates any provision oft this section shall be fined not more than One Hundred Dollars ($100.00). A: separate offense shall be deemed committed each day during or on which a violation occurs or continues to occur. .A Anynon-compliant. signs are subject toi immediate removal. 58 (b) This section shall be enforced by the City of Camilla Code Enforcement. SECTION 3.25. WIRELESS TELECOMMUNICATIONS FACILITY SITING REGULATIONS The purpose oft this Wireless Telecommunications Ordinance is to ensure that residents, public safety operations and businesses in the City of Camilla have reliable access to wireless telecommunications networks and state oft the art communications services while also ensuring that this objective is achieved in a fashion that preserves the intrinsic: aesthetic character of the community: and is accomplished according to the City of Camilla'szoning, planning, and design standards. The' Telecommunications Act of 1996 preserved, with certain limitations, local government land use and zoning authority concerning the placement, construction, and Toaccomplish the above stated objectives and to ensure that the placement, construction or modification of wireless telecommunications facilities complies with all applicable Federal laws and isc consistent with the City of Camilla'sl land use policies, the City of Camilla adopts this single, comprehensive, wireless telecommunications ordinance. Noj provisions of this Ordinance shall apply to the: siting of Distributed Antenna Systems (DAS) or wireless facilities located within and This Ordinance establishes parameters fort the siting of Wireless Telecommunications Facilities. By modification of wireless telecommunications facilities. intended toj provide wireless coverage within as structure. enacting this Ordinance iti is the City of Camilla'si intent to: communications throughout the City of Camilla; Ensure the City of Camilla has sufficient wireless infrastructure to support its publicsafety Ensure access to reliable wireless communications. services throughout all areas ofThe City Encourage the use of Existing Structures for the collocation ofleleommunications Encourage thel location of Support. Structures, to the extent possible, in: areas where: any Facilitate the responsible deployment of Telecommunications Facilities in residential areas Minimize the potential adverse effects associated with the construction ofl Monopolesand Towers through the implementation of reasonable design, landscaping, and construction ofCamilla; Facilities; potential adverse impacts on the communitywill be minimized; to ensure comprehensive wireless services across the City of Camilla; practices; Ensure publicl health, safety, welfare, and convenience (1) Definitions. For thej purposes of this Ordinance, the following definitions apply: 59 Abandon - Occurs when an owner ofa Support Structure! intends toj permanentlyand Accessory Equipment - Any equipment serving or being used in conjunction witha a Telecommunications Facility or Support Structure. This equipment includes, buti is not limited to, utility or transmission equipment, power: supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or other structures. Administrative. Approval - Zoning approval that the [Zoning Administrator) or designee is Administrative, Review- - Non-discretionary evaluation of an application by the Planning Director or designee. This process is not subject to aj publicl hearing. Thej procedures for Administrative Review are established in Section 3 (e) oft this Ordinance. Antenna -- Any structure or device used to collect or radiate electromagnetic waves fort the provision of services including, but notl limited to, cellular, paging, personal communications services (PCS) and microwave communications. Such structures and devices include, but are not limited to, directional antennas, such as panels, microwave dishes and satellite dishes, and omnidirectional antennas, such as whips. This definition does not apply to broadcast antennas, antennas designed for amateur: radio use, or satellite completely cease alll business activity associated therewith. authorized to grant after Administrative Review. dishes designed for residential or household purposes. Carrier on Wheels or Cell on Wheels ("COW") - A portable self-contained Telecommunications Facility that can bei moved to al location and set up to provide wireless services on at temporary or emergency basis. A COW is normally vehicle-mounted and contains at telescoping boom as the Antenna supports structure. Collocation - The: act of siting' Telecommunications Facilities on an Existing Structure without the need to construct ar new: support: structure and without a Substantial Increase in Concealed Telecommunications Facility - Any Telecommunications Facility that is integrated as an architectural feature of an Existing Structure or any new Support Structure designed sO that thej purpose oft the Facility or Support Structure for providing wireless Existing. Structure - Previously erected Support Structure or any other structure, including but notl limited to, buildings and water tanks, to which Telecommunications Facilities can be MajorModfitcations - Improvements to existing Telecommunications Facilities or Support Structures that result in a Substantial Increase to thel Existing Structure. Collocation of new Telecommunications Facilities to an existing Support Structure without Replacement of the the size of an Existing Structure. services is not readily apparent to a casual observer. attached. structure shall not constitute al Major Modification. 60 Minor Modifications- - Improvements to Existing Structures that resulti in some material change to the Facility or Support Structure but ofal level, quality ori intensity thati is less than aSubstantial Increase. Minor Modifications include thel Replacement of the structure. Monopole --A: single, freestanding pole-type structure: supporting one or more. Antenna. For Ordinary Maintenance = Ensuring that Telecommunications Facilities and Support Structures are. kepti in good operating condition. Ordinary Maintenance includes inspections, testing and modifications that maintain functional capacity, aestheticand structural integrity; for example the strengthening ofa Support: Structure's foundation or of the Support Structure itself. Ordinary Maintenance includes replacing Antennas ofas similar size, weight, shape and color and. Accessory. Equipment within an existing Telecommunications Facility and relocating the Antennas of approved Telecommunications Facilities to different height levels on an existing Monopole or' Tower upon which theyare currently located. Ordinary Maintenance does noti include! Minor and Major Modifications. Replacement- -- Constructing a new Support: Structure of proportions and of equal height or such other height that would not constitute. a Substantial Increase toal pre-existing Support Structure in order to supporta Telecommunications Facility or to accommodate Collocation purposes of this Ordinance,: a Monopole is nota a' Tower. and removing the pre-existing Support: Structure. Substantial Increase: Occurs when: (1)" The mounting of the proposed antenna on an Existing Structure would increase thee existing height of thel Existing Structure by more than 10%, or by thel height of one additional antenna array with: separation. from the nearest existing antenna not to exceed twenty feet, whichever is greater, except that the mounting oft the proposed antenna may exceed the: size limits set forth in this paragraphi ifn necessary (2) The mounting of the proposed antenna would involve thei installation of more than the: standard number of new equipment cabinets for the technology involved, not to exceed four, or more than one: new equipment shelter; or (3)1 The mounting oft the proposed antenna would involve adding an appurtenance to the body of thel Existing Structure that would protrude from the edge of the Existing Structure: more than twenty feet, or more than the width oft the tower structure: at thel level oft the appurtenance, whicheveri is greater, except that the mounting oft the proposed antenna may exceed the sizel limits set forth in this paragraph ifr necessary to: shelter the antenna from inclement weather or to connect (4) The mounting oft thej proposed antenna would involve excavation outside the current Existing Structure site, defined as the current boundaries of thel leased or to avoid interference with existing antennas; or the antenna to the tower via cable; or 61 owned property surrounding the Existing Structure and any access or utility SupportStructurels) - A structure designed to support' Telecommunications Facilities including, but not limited to, Monopoles, Towers, and other restandmgselfsuporing Telecommunications Facility(ies) -- Any unmanned facility established for the purpose of providing wireless transmission of voice, data, images or other information including, but not limited to, cellular telephone service, personal communications service (PCS), and paging service. ATelecommunication Facility can consist of one or more. Antennas and Tower-- Al lattice-type structure, guyed or freestanding, that supports one or more (2) Approvals required for relecommunication Facilities and Support Structures easements currently related tot thes site. structures. Accessory Equipment or one base station. Antennas. (a) Administrative Review C Collocations and Minor Modifications shall bej permitted in any: zoning district after Administrative Review and Administrative Approval in accordance with the standards set forth int this Ordinance. ii. New Support Structures that arel less than sixty (60) feet in height shall be permitted in any zoning district except residential after Administrative Review and Administrative Approval in accordance with thes standards set ii. Concealed Telecommunications Facilities that arel less than sixty (60) feet in height shall be permitted in any residential district after Administrative Review and Administrative. Approval in accordance with the standards set iv. Concealed Telecommunications Facilities up to 100 feet shall bej permitted ina any: zoning district other than residential after Administrative Review and Administrative. Approval in accordance with the standards set forth int this V. New Support Structures up to one. hundred (100) feet in height shall be permitted in any Industrial District after Administrative Review and Administrative Approval in accordance with the standards set forthi int this vi. Monopoles or Replacement poles located in utility easements or rights-of- way shall be permitted in: any: zoning district after Administrative Review forthi in this Ordinance. forth in this Ordinance. Ordinance except as noted above. Ordinance. 62 and. Administrative. Approval in accordance with the standards set forth in vi. The use of COWS shall be permitted in any: zoning district after this Ordinance. Administrative Review and Administrative Approval in accordance with the standards set forth int this Ordinanceift the use is not otherwise exempt. If the use of the COW is either not in response to a declaration or emergency, or will last in excess of one hundred-twenty (120) days, Administrative Review and Administrative, Approval shall also be required. (b) Conditional Use Permit. Telecommunications Facilities and Support Structures not permitted by Administrative Approval shall bej permitted in any district upon the granting ofa a Conditional Use Permit from the City of Camilla in accordance with the (c) Exemptions. Ordinaryl Maintenance of existing Telecommunications Facilities and Support Structures, as defined herein, shall be exempt from: zoning and permitting requirements. In addition, the following facilities are not subject to the provisions oft this Ordinance: (1)antennas used by residential households solely for broadcast radio and television reception; (2) satellite antennas used: solely for residential or household purposes; (3) COWs placed for ap period ofr not more than one hundred twenty (120) days at any location within the City of Camilla after a declaration of an emergency ora disaster; and (4) television and AM/FM radiol broadcast towers and standards set forth in this Ordinance. associated facilities. (3) Telecommunications Facilities and! Support Structures Permitted by Administrative Approval (a) Telecommunications Facilities Located on Existing Structures Telecommunications Facilities arej permitted in: all: zoning districts when located on any Existing Structure subject to Administrative Approval in ii. Antennas and Accessory Equipment may exceed the maximum building height) limitations withina a zoning district, provided they do not constitutea accordance with the requirements of this Part. Substantial Increase. iii. Minor Modifications are permitted in all zoning districts subject to Administrative. Approval in accordance with the requirements of this Part. (b) New Support Structures 63 i. New Support Structure! less than sixty (60) feeti in height shall be permitted ina all zoning districts except residential districtsi in accordance with the ii. Concealed Telecommunications Facilities that are less than sixty (60) feet in height shall be permitted in any residential district after Administrative Review and Administrative. Approval provided that it meets the applicable Concealed Telecommunications Facility standards in accordance with this iii. New Support Structures up to one hundred ninety-nine (199) feet in height shall be permitted in all Industrial Districts in accordance with the requirements of this Part. Thel height of any proposed support structure shall not exceed the minimum height necessary to meet the coverage or capacity objectives of thel Facility. The setback oft the structure. shall be governed by the setback requirements of the underlying zoning district. iv. AI Monopole or Replacement pole that will support utility lines as well as a Telecommunications Facility shalll be permitted within utility easements or rights-of-way, in accordance with requirements of this Part. a. The utilitye easement or right-of-way: shalll be a minimum of one b. The easement or right-of-way: shall contain overhead utility transmission and/ /or distribution structures that are eighty (80) feet Thel height of the Monopole or replacement pole may not exceed by more than thirty (30) feet the height ofexisting utility support d. Monopoles and the Accessory Equipment shall be set backa minimum of fifteen (15) feet from all boundaries of the easement or requirements oft this Part. Ordinance hundred (100) feet in width. ors greater in height. structures. right-of-way. V. Single carrier Monopoles may be used within utility easements and rights- of-way due to thel height restriction imposed by Subsection (c) above. vi. Poles that use the structure ofa utility tower. for support are permitted under this Part. Such poles may extend up to twenty (20) feet above the height oft the utility tower. (c) Concealed Telecommunications Facilities ii. Concealed Telecommunications Facilities shall be permitted in all zoning districts after Administrative Review and Administrative Approval in accordance with the requirements below. Concealed facilities in residential 64 areas must not exceed sixty (60) feet and comply with the requirements below in order to qualify for Administrative Review. a. Antennas must be enclosed, camouflaged, screened, obscured or otherwise not readily apparent to a casual observer. b. Existing Structures utilized to support the Antennas must be allowed within the underlying: zone district. Such structures mayi include, but are: notl limited to, flagpoles, bell towers, clock towers, crosses, monuments, smoke: stacks,parapets, Setbacks for Concealed Facilities that utilize a new structure shall be governed byt thes setback requirements oft the and steeples. underlyingzoning district. (d) COW Facilities and Minor Modifications i. The use of COWS shall bej permitted in any: zoning district after Administrative Review and Administrative Approval in accordance with the standards set forth in this Ordinance ifthe use oft the COWi is either noti in response to a declaration or emergency! byt the Governor or willl lasti in excess of onel hundred-twenty (120) days. (e) General Standards, Design Requirements,; and Miscellaneous Provisions i. Unless otherwise specified herein, all Telecommunications Facilities and Support Structures permitted by Administrative. Approval are: subject tot the applicable general standards and design requirements of Section 5and the provisions of Section 6. (0) Zoning Review Process All Zoning Review applications must contain the following: a. Zoning Review application form signed byapplicant b. Copy of lease or letter of authorization from property owner evidencing applicant's authorityt to pursue: zoning application.Such submissions need not disclose financial lease terms. Site plans detailing proposed improvements which complies with Section 3.16 of the Camilla Zoning Ordinance. Drawings must depict improvements related tot the requirements listed in this Part, including property boundaries, setbacks, topography, elevation sketch, and dimensions ofi improvements. d. In the case ofar new SupportStructure: 65 Statement documenting why collocation cannot meet the applicant's requirements. Such statement mayi include justifications, including why collocation is either not reasonably available or technologically feasible as necessary to document the reasons why collocation is not a viable ii. The: applicant shall provide a list ofa all the existing structures considered as alternatives to the proposed location. The applicant shall provide a written explanation whyt the alternatives considered were either unavailable, or technologically or reasonablyinfeasible. iii. Applications for new Support: Structures with proposed Telecommunications Facilities shalll be considered together as one: application requiring onlyas single application fee. Administrative Review application fee: as listed in the City of Camilla option; and Fee Schedule. ii. Procedure a. Within thirty (30) days of the receipt of an application for Administrative Review, the Planning Director shall either: (1) inform the Applicant in writing the specific reasons whyt the: application is incomplete and does not meet thes submittal requirements; or (2) deem the application complete. Ifthe Planning Directori informs the Applicant ofa an incomplete application within thirty (30) days, the overall timeframe for review is suspended until such time that the b. Ana applicant that receives notice of ani incomplete application may submit additional documentation to complete the application. An applicant's unreasonable failure to complete the application within sixty (60) business days after receipt of written notice: shall constitute a withdrawal of the application without prejudice.An application withdrawn without prejudice mayl be resubmitted upon The Planning Director musti issue a written decision granting or denying the request within ninety (90) days of the submission oft the Applicant provides the requested information. the filing ofai new application fee. initial application unless: The Planning Director notified applicant that its application was incomplete within thirty (30) days of filing. Ifs so, the remaining time from the ninety (90) dayt total review time is 66 suspended until the Applicant provides the missing ii. Extension oft time is agreed tol by the Applicant. Failure toi issue a written decision within ninety (90) days shall d. Should the Planning Director deny the application, the Planning Director shall provide written justification for the denial. The denial must be based on substantial evidence ofi inconsistencies between e. Applicant may appeal any decision of the Planning Director approving, approving with conditions, or denying an application or deeming an application incomplete, within thirty (30) days to the Board ofZoning Appeals in accordance withi this Ordinance. information; or constitute an approval oft the application. the application and this Ordinance. Telecommunications Facilities and Support Structures Permitted by Conditional Use. (a) Any" Telecommunications Facility or Support Structures Not Meeting the Requirements of Section IV: Shall Bel Permitted by Special Permit in all Zoning The: submission requirements of Section 4 (b) below; and ii. The applicable standards of Sections 5 and 61 below; and Districts Subject to: iii. The requirements of the conditional use permit general conditions at Code Section 3.14. (b) Submission Requirements for Conditional Use Permit. Applications All Special Permit applications for Telecommunications Facility and Support a. Conditional Usel Permit. Application signed by applicant. b. - Copy oflease or letter of authorization from the property owner evidencing applicant's authority toj pursue: zoning application.. .Such submissions need not disclose financial lease terms. Written description and scaled drawings of the proposed Support Structure, including structure height, ground and structure design, d. Number of proposed Antennas and their height above ground level, including the proposed placement of Antennas on the Support Structures must contain the following: and proposed materials. Structure. 67 When locating within a residential area, a written technical and operational analysis of why al Monopole or similar structure ata height ofl less than one hundred (100) feet cannot be used. Line-of-sight diagram or photo simulation, showing the proposed Support Structure set against the skyline and viewed from at least four (4) directions within thes surrounding areas. Astatement justifying why Collocation is not feasible. Such statement shall include: Such technical information and other justifications as are necessary to document the reasons why collocation is not: a ii. Al list of existing structures considered as possible alternatives to the proposed location and a written explanation why the alternatives were either unavailable or viable option; and technologtalylnfeasble. h. As statement that the proposed Support Structure willl bei made available for Collocation to other service providers at commercially Notification of surrounding property owners' within three hundred (300) feet of thej proposed Telecommunication Facility and Support Conditional Use Permit. Application Fee: as listed in the City of reasonable rates. Structure. Camilla's Fee Schedule. ii. Procedure a. Within thirty (30) days of the receipt of an application for Administrative Review, thel Planning Director shall either: (1) inform the Applicant in writing the specific reasons why the application is incomplete and does not meet the: submittal requirements; or (2) deem the application complete and meet with the applicant. Ifthe Zoning Administrator informs the Applicant of an incomplete application within thirty (30) days, the overall timeframe for review is suspended until such time that the Applicant b. Ifan: application is deemed incomplete, an Applicant may submit additional materials to complete the application. An applicant's unreasonable failure to complete the application within sixty (60) business days after receipt ofwritten notice shall constitute: a provides the requested information. 68 withdrawal oft the application without prejudice. An application withdrawn without prejudice may bei resubmitted upon the filing of Acomplete application for a Conditional Use Permit shall be scheduled for al hearing date as required by Article XXI ofthis d. Applications for new Support Structures with proposed Telecommunications Facilities shall be considered as one application requiring only as single application fee. Thej posting oft thej property and public notification of the: application shall be accomplished int the same manner: required for any Conditional Use Permit application undert this Ordinance. Thel Planning Director must issue a written decision granting or denying the request within onel hundred-fifty (150) days of the submission oft thei initial application unless: . Planning Director notified applicant that its application was incomplete within thirty (30) days off filing. Ifso, the remaining time from the one! hundred-fifty (150) day total review time is suspended until the Applicant provides the ii. Extension oft time is agreed tol by the Applicant. Failure to issue a written decision within one hundred-fifty (150) days shall constitute an approval of the application. ar new: application fee. ordinance. missing information; or (5) General Standards and Design Requirements. (a) Design Support Structures shall be subject to the following: collocations based upon their height: a. Shall be designed to accommodate: a minimum number of 1. Support structures sixty (60) to one hundred (100) feet shall support at least two (2) telecommunications providers; 2. Support structures from onel hundred (100) to onel hundred- fifty (150) feet shall support at least three (3) telecommunications providers; 3. Support: structures greater than one. hundred-fifty (150) feet in height shall support at least four (4) telecommunications carriers. 69 b. The compound areas surrounding the Monopole must be ofs sufficient size to: accommodate. Accessory Equipment for the appropriate number of telecommunications providers in accordance with Section 5(a)()(a). ii. Concealed Telecommunications Facilities shall be designed to accommodate the Collocation of other Antennas whenever economically and technically iii. Upon request of the Applicant, the Planning Director or the Planning Commission may waive the requirement that new Support Structures accommodate the collocation of other service providers ifit finds that collocation at the sitei is not essential tot the publici interest, or that the construction ofas shorter supportstructure with fewer Antennas will feasible. promote community compatibility, (b) Setbacks Property Lines. Unless otherwise stated herein, Support Structures shall be set back from all property lines a distance equal to their height measured ii. Residential Dwellings. Unless otherwise stated herein, Monopoles, Towers and other Support Structures shall be set back from all off-site residential dwellings a distance equal tot thel height of the structure. There shall be no setback requirement from dwellings located on the same parcel ast the proposed structure. Existing or Replacement structures shall not be subject iii. Unless otherwise stated herein, all Accessory Equipment shall be set back from allj property lines in accordance with the minimum setback requirements in the underlying zoning district. Accessory Equipment associated with an existing or Replacement utility pole shall not be: subject iv. Thel Planning Commission shalll have the authority to vary any required from the base ofthe: structure toi its highest point. toas setback requirement. toas setback requirement. setback upon request of the applicant if: a. Applicant provides al letter stamped by a certified structural engineer documenting that thej proposed structure's fall: zonei isl less b. The' Telecommunications Facility or Support Structure is consistent than the actual height oft the structure. with thej purpose and intent oft this ordinance. (c) Height i. Inr non-residential districts, Support Structures shall be designed tol bet the minimum height needed to meet the: service objectives oft the applicant. ii. In residential districts, Support Structures shall not exceed al height equal to onel hundred ninety-nine (199) feet from the base of the structure to the top 70 oft the highest point, including appurtenances. Any proposed Support Structure shalll be designed tol bet the minimum height needed to meet the iii. In all districts, Planning Commission shall have the authority to vary the height restrictions listed in this section upon the request oft the applicant and a satisfactory showing of need for a greater height. With its waiver request the Applicant shall: submit such technical information or other justifications as are necessary to document the need for theadditional height to the satisfaction of the Planning Commission. service objectives oft the applicant. (d) Aesthetics i. Lighting and Marking. Telecommunications Facilities and Support Structures shall not be lighted or marked unless required by thel Federal Communications: Commission (FCC) or the Federal Aviation Administration ii. Signage. Signs located at the Telecommunications Facility shall be limited to ownership and contact info. FCC antenna registration (ifrequired) and any otheri information as required by government regulation. Commercial iii. Landscaping. In all districts, the Planning Commission shall have the authority toi impose reasonable landscaping requirements surrounding the Accessory Equipment. Required landscaping shall be consistent with surrounding vegetation and: shall be maintained by the facility owner. The Planning Commission may choose to not require landscaping fors sites that are not visible from the public right-of-way or adjacent property oi in instances where int thej judgement of the Planning Commission, landscaping (FAA). advertising is strictly prohibited. isnot appropriate or necessary. (e) Accessory Equipment, including any buildings, cabinets or shelters, shall be used only tol house equipment and other supplies ins support oft the operation oft the Telecommunications Facility or Support Structure. Any equipment not used in direct support of such operation shall notl be stored on the: site. The Accessory Equipment must conform to the setback standards oft the applicable zone. Int the situation of stacked equipment buildings, additional screning/andscaping measures: may be required by the Planning Commission. (6) Miscellaneous Provisions (a) Fencing Ground mounted. Accessory Equipment and Support Structures shall be secured and enclosed witha fence not less than six (6) feet in height as deemed appropriate byt the Planning Director. 71 ii. The Planning Commission may waive the requirement of Subsection @) above iti is deemed that af fence is not appropriate or needed at thej proposed location. (b) Abandonment and Removal. Ifa Support Structure is Abandoned, and it remains Abandoned for a period in excess of twelve (12) consecutive months, the City of Camilla may require that such Support Structure be removed only after first providing written notice to the owner of the Support Structure: and giving the owner the opportunity tot take such action(s) as may be necessary to reclaim the Support Structure within thirty (30) days of receipt of said notice. In the event the owner of the Support Structure fails to reclaim the Support Structure within the thirty (30) day period, the owner oft the Support: Structure shall be required to remove the same within six (6) months thereafter. The City of Camilla shall ensure and enforce (c) Multiple Uses on a Single Parcel or Lot. Telecommunications Facilities and Support Structures may bel located on aj parcel containing another principal use on the same removal by means ofi its existing regulatory authority. site or may bet thej principal use itself. Telecommunications Facilities and Support Structures in Existence on thel Date of Adoption ofthis Ordinance. (a) Telecommunications Facilities and Support Structures that werel legally permitted on or before the date this Ordinance was enacted. shall be considered a permitted (b) The provisions oft this Part are limited to those structures that do not meet the height or setback requirements set forthi ini these regulations. and lawful use. (c) Non-conforming Support: Structures. 1. Non-Conforming SupportStructure. Ordinary Maintenance may be performed on al Non-conforming Support Structure or Telecommunications ii. Collocation and/or Minor Modifications ofTelecommunitations Facilities on an existing non-conforming Support Structure shall not be construed as an expansion, enlargement or increase ini intensity ofa non-conforming structure and/or use shall be permitted through the Administrative iii. Major Modifications may be made to non-conforming Support Structures utilizing the regulatory approval process defined in Section (4). Facility. Approval process defined in Section IV. ARTICLEIV. R-1,SINGLE FAMILY RESIDENTIAL DISTRICT SECTION 4.01. STATEMENT OFI PURPOSE. 72 This district is composed of certain areas having a single-family residential character: and undeveloped land wherei iti is desirable and likely that similar development will occur.' This district will be characterized by medium density residential development. The specific purpose of this (1) Encourage the construction and continued use oft the land for single-family dwellings; (2) Prohibit business, commercial orindustrial use oft thel land, and toj prohibit any other use which would substantially interfere with development or maintenance ofs single-family (3) Encourage the discontinuance of existing uses that would not be permitted as new uses (4) Discourage: any land use that would generate traffic on minor or local streets, other than (5) Discourage any use which, because of its size or character would create requirements: and costs for public services such as fire and police protection, water supply and sewerage substantially in excess of such requirements and costs ifthe district were developed solely district is to: dwellings in the district; undert the provisions oft these regulations; normal traffic to serve: residences on those streets; for residential purposes. SECTION 4.02. PERMITTED USES. (1) Single family, detached dwellings, except for manufactured or mobile homes. (2) Zerol lot-line housingi ifs shown on an approved subdivision plat. (3) Accessory buildings or uses customarily incidental to any of thej permitted uses, when located on the: same lot as thej primary dwelling and noti involving any business, profession, trade or occupation, provided that all accessory buildings shall conform and be located as required in sections 3.09 and/or 3.10 oft this ordinance. (4) Places of worship, in pre-existing buildings housing places ofworship. (5) Gardens. (6) Community Residences. See! Section 3.21. (7) Electric, gas, oil and communication facilities, excluding tower: structures and including poles, lines, transformers, pipes, meters: and related facilities for distribution oflocal service (8) Building or lands used for governmental purposes by al branch ofal local, state or federal and owned and operated by aj public utility. government such as schools, parks, post offices or fire stations. 73 (9) Publicutilities including distribution lines, transformer stations, transmission towers, telephone exchanges and other similar uses or structures except warehouse, repair, storage, vehicle maintenance, truck or road equipment storage and radio and television studios. Public Utility Facilities, ife essential to service this zoning district, are permitted (a) All structures, except for driveways, are placed 50 feet from any property line. (b) All structures, except for driveways, are enclosed by a wall or woven wire fence: at (c) A ten (10) foot buffer is provided along the side and rear property lines, planted with evergreen trees and shrubs that grow at least eight (8) feet inl height and (10) provided: least but not greater than 81 feet in height. provide an effective visual screen. (d) Thel loti is suitablyl landscaped. (e) No vehicles or equipment are: stored on the premises. (11) Stormwater management facilities shown on an approved final site plan or subdivision plat. SECTION 4.03. CONDITIONAL USES. (1) Public cemeteries, provided that a complete site development sketch is submitted with the application. The proposed site must be at least five acres and have an adequate buffer. (2) Places of worship, provided that thej proposed site for aj place ofv worship is notl less than one acre, and a complete site development plani is submitted with the application: for al building (3) Nursery schools, kindergartens or family day care: facilities provided that no play equipment bel located in the front yard and that signage be compatible to the neighborhood and notl larger than regulated for home occupations, provided that all statel licensing permit. requirements are: met. (4) Social or fraternal clubs, lodges, union halls and other similar uses. (a) Thel buildings are not placed closer than fifty (50) feet to any property lines; and (b) Therei is a planted buffer strip at least ten (10) feet wide along the side and rear lot lines. (5) Bed and breakfast inn. As limited and defined in Section 1.08. (6) Temporary emergency construction and repair residences. 74 (7) Hospitals and clinics. (8) Home occupations. See Section 3.22 (9) Other uses similar to the above and compatible with the particular neighborhood and environment: as interpreted by the Planning Commission and approved by thel Mayorand City Council. SECTION 4.04. AREA, HEIGHT, BULKAND! PLACEMENT REQUIREMENTS. Minimum Lot Footage 15,000f ft2 Front Yard Feet 30 Side Yard Setback in Feet 10* RearYard Setback in Feet 30 Zoning District R-1 Area Square Minimum Lot Setback in Width 100 *Cornerl lot(s) require 30 foot setbacks on the non-fronting street(s) ARTICLE V. R-2, SINGLE FAMILY RESIDENTIAL DISTRICT SECTION 5.01. STATEMENT OF PURPOSE. Thel R-2, single family residential district is designed to permit residential uses ofar medium density type development of single family dwellings. For good accessibility, this district shall bel located adjacent to arterial and/or collector roads. Public water and sewer. shall be required.. Any developments in this district shall be designed to complement adjacent, existing or planned, single- family developments. SECTION 5.02. PERMITTED USES. (1) Single-family detached dwellings, except manufactured or mobile homes. (2) Industrialized buildings (modular homes/units). (3) Community Residences. See Section 3.21. (4) Accessory buildings or uses customarily incidental to any of thej permitted uses, when located on the same lot and noti involving anyl business, profession, trade or occupation, provided that all accessory buildings shall conform and bel located as required in sections 3.09 and/or 3.10 ofthis ordinance. (5) Places of worship, in pre-existing buildings housing places of worship. 75 SECTION 5.03. CONDITIONAL USES. (1) Public cemeteries, provided that a complete site development sketch is submitted with the application. Thej proposed site must be at least five acres and have an adequate buffer. (2) Places of worship,provided that the proposed site for aj place of worship is not less than one acre, and a complete site development plan is submitted with the application fora (3) Nursery schools, kindergartens or family day care facilities provided that noj play equipment bel located int the front yard and that signage be compatible to the neighborhood and not larger than regulated for home occupations, provided that all state licensing building permit. requirements are met. (4) Social or fraternal clubs, lodges, union halls and other similar uses. (a) Thel buildings are not] placed closer than fifty (50) feet to any property lines; and (b) There is aj planted buffer: strip at least ten (10) feet wide along the side and rearl lot lines. (5) Bed and' breakfast inn. Asl limited and defined in Section 1.08. (6) Temporary emergency construction and repair residences. (7) Hospitals and clinics. (8) Home occupations." See Section 3.22. (9) Other uses similar to the above and compatible with the particular neighborhood and environment as interpreted by the Planning Commission and approved by thel Mayor and City Council. SECTION 5.04. AREA, HEIGHT, BULK AND PLACEMENT REQUIREMENTS. Minimum Lot Area Square Footage 12,000ft2 Front' Yard Setback: in Feet 30 Side Yard Setback in Feet 10* Rear Yard Setback in Feet 30 Zoning District R-2 Minimum Lot Width 100 *Cornerl lot(s) require 30 foot setbacks on the non-fronting street(s) SECTION 5.05. SUBSTANDARD LOTS OF RECORD. The City of Camilla has numerous parcels that, at one time, met dimensional requirements but currently do not meet the dimensional requirements oft the current ordinance. The majority of the lotsi in question have substandard lot widths and are very long or deep. Iti is thei intent oft this 76 section to provide modified standards for these identified lots of record so they can be developed without being excessively hampered with regulations on thel local government level." The list and map ofi identified substandard lots of record can be found int the City of Camilla Planning and Zoning SECTION 5.06. MODIFIED DIMENSIONAL REGULATIONS FOR SUBSTANDARD LOTS (LOTSOF office. RECORD). Zoning District R-2 Minimum Lot Area Square Footage 4,500ft2 Front Yard Setback in Feet 25 Side Yard Setbacki in Feet 10* Rear Yard Setback in Feet 25 Minimum Lot Width 40 *Cornerl lot(s) require 30 foot setbacks on the non-fronting street(s) ARTICLE VI. R-3, TWO FAMILY. AND MULTIPLE-FAMILY RESIDENTIAL DISTRICT SECTION 6.01. STATEMENT OF PURPOSE. medium density residential development. SECTION 6.02. PERMITTED USES. (1) Any use permitted in thel R-1 and R-2 residential districts. (2) Two-family (Duplex) residential. (3) Multi-family (apartments and condominiums)." (4) Community Residences. See Section 3.21. (5) Townhouses (See Articlel IX). (6) Manufactured homes (See Article! XVIII). This district is composed of certain areas where: a mixture ofs sitel built and manufactured, single- family residential structures is desirable or necessary. This district willl be characterized by (7) Places of worship, inj pre-existing buildings housing places of worship. SECTION 6.03. CONDITIONAL USES. (1) Public cemeteries, provided that a complete site development sketch is submitted with the application. Thej proposed site must be at least five acres and have an: adequate buffer. 77 (2) Places of worship.providedi that the proposed site for a place of worship is not less than one acre, and a complete site development plan is submitted with the application foral building (3) Nursery schools, kindergartens or family day care: facilities provided that no] play equipment bel located in the front yard and that signage be compatible to the neighborhood and not larger than regulated for home occupations, provided that all state licensing permit. requirements are met. (4) Social or fraternal clubs, lodges, union halls and other similar uses. (a) Thel buildings are not] placed closer than fifty (50) feet to any property lines; and (b) There is aj planted buffer strip at least ten (10) feet wide along the side and rear lot lines. (5) Bed and breakfast inn. As limited and defined in Section 1.08. (6) Temporary emergency construction andi repair residences. (7) Hospitals and clinics. (8) Home occupations. (9) Nursing homes. (10) Boarding homes. (11) Groupl homes. (12) Professional offices. (13) Public buildings, structures and other public land uses. (14) Group Day Care Homes (group day care homes as limited and defined in Article II) provided that no play equipment be located in the front yard and that signage be compatible to the neighborhood and not larger than regulated for home occupations. All state licensing requirements and regulations shall: also apply. (15) Group Personal Care Homes-as limited and defined in Articlel II. (16) Halfway homes-as limited and defined in Articlel II (17) Convalescent homes-as limited and defined in Article II. (18) Other uses similar to the above and compatible with the particular neighborhood and environment as interpreted by the Planning Commission and approved by the Mayor and City Council. 78 SECTION 6.04. AREA, HEIGHT, BULK ANDI PLACEMENT REQUIREMENTS. Minimum Lot Area Square Footage 10,0001 ft2 10,000 ft2 Dwelling Unit Front Yard Setback in Feet 25 25 25 Side Yard Setbacki in Feet 10 10 15 Rear Yard Setbacki in Feet 25 25 25 R-3Z Zoning District Single Family Two Family (Duplex) Minimum Lot Width 100 100 100 Multi-Family 3,300 ft2 per ARTICLE VII. R-PUD, RESIDENTIAL PLANNED UNIT DEVELOPMENT SECTION 7.01. STATEMENT OF PURPOSE. This district is designed toj provide areas of sufficient size and allowing reasonable flexibilityi in design and orientation fort the establishment ofas structure or group of structures which include multiple dwellings designed in aj planned unit development of more than one building on a given site. The requirements ofarea, height, bulk, and placement regulations, as they are usually applicable to individual buildings and individual lots of record would in certain cases of large scale development: have results affording less protection to the public health, safety and welfare than ifa measure of flexibility were permitted. The permitting oft these planned unit developments as special and particular land uses can, in certain cases, increase the desirability and convenience toi the residents or occupants oft thej planned unit development without causing adverse effects on adjoining properties." This type of development will permit a creative approach to residential development. A planned unit development will provide for an efficient use of land potentially resulting ini more economical networks of streets and utilities thereby lowering housing and other land development costs as well as enhancing the appearance of neighborhoods through the preservation of natural features and the provision of recreation areas and open space. Inc creating this zoning district the city intends to encourage home ownership; increase the variety ofc dwelling typesi in thel housing market; and allow fori innovative uses of real property which may not be: suitable for development for other kinds ofr residential uses. SECTION 7.02. DEVELOPMENT REQUIREMENTS. TABLEINSET: 79 PLANNED UNIT DEVELOPMENT REQUIREMENIS Individual Dwelling Unit Per Acre Inl R-PUD: 1.S Single-family 2.I Duplex 3.N Multi-family Building height: (1) Ownership. 1/3 acre minimum** 2p per acre 12 per acre Building setbacks from exterior lot lines: 30 feet **refers to minimum lot size versus dwelling units per acre 32 feet or 3 stories, whichever is less There shall be unified control oft the entire. site. Prior toi final approval oft the development plan, evidence of unified control oft the entire site shall be submitted tot the planning commission. In: addition, an agreement shall be submitted to the planning commission by all owners oft the planned unit development, which includes their commitment to: (a) Proceed with thej proposed development in accordance with the planned unit development plans as submitted, and: such conditions and safeguards as may be set (b) Provide agreements: and deed restrictions acceptable to the city council for completion of such development according toj plans approved and fort the maintenance of such areas, functions, and facilities as are: not to be provided, operated or maintained by the city, pursuant to written agreement;: and, (c) Ton notify and bind their successors int title to any commitments made in their (d) All plans approved shall be reviewed as a form of commitment to execute the development precisely and only as submitted to and ultimately accepted and approved by the city council. No variations, changes, departures or exceptions tot the approved plans shall be permitted except through the formal amendment process. (e) After rezoning fora al PUD: in this district has been given formal approval no use shall be made of al PUD: site except that which had been approved as a result oft the application or the continuation of uses that existed at the time oft the application. (0) All new roads in this district shall be curb and gutter as specified in the Subdivision Regulations and shall directly connect to existing paved public roads. by the city council granting the rezoning; and, petitions of PUD: approval. SECTION 7.03. OPEN SPACE REQUIREMENTS. Open space, as defined in section 1.08 of this ordinance, shall bei required. In addition: 80 (1) The common open space: shall be situated such that it willl best serve residents and be (2) The development schedule must coordinate thei improvement oft the common open spaces, the construction of the buildings, structures and improvements in the common open space, and the construction ofi residential dwellings in the development. (3) The pedestrian circulation system and its related walkways shall be separated as completely as possible from the street or vehicular circulation system. All walks shalll be of permanent nature and material and: shall be constructed in accordance with thel Land totally integrated within the various uses oft the development. Development Regulations. SECTION 7.04. ACCESS. all city street requirements. SECTION 7.05. OFF-STREETPARAING. Private vehicular access drives not maintained by the cityt throughout the development shall meet All parking and loading in developments int this district shall meet all off-street parking and loading requirements oft this ordinance and be constructed: in accordance with the Subdivision Regulations. (1) Aj petition for rezoning land in this district shalll be submitted to the city planning office the (2) A written statement to accompany the: zoning application must contain the following: SECTION? 7.06. PROCEDURES FOR REZONING THIS DISTRICT ONLY. same as with any: zoning request. (a) An explanation of the character of the development. (b) A: statement of present ownership ofa alll land included within the development. (c) A general indication oft the expected schedule of development. (3) Preliminary development plan. Following the official rezoning oft thej proposed property, thea applicant shall submit aj preliminary development site plan. The preliminary development plan shall include all of the following information: (a) A preliminary: site plan at a scale notl less than 1"= 200', depicting all existing masses oft trees and other natural features including the topography oft thel land. A preliminary solution of all storm drainage needs shall bei included. (b) Thel location and grouping of all uses and the: amount of area for each, plus (c) Thet tentative location of each residential density district, the number ofr residential units] proposed for each density district, their general location, proposed lot designs and district lines. Tentative floor! plans and exterior elevations, which need not! be preliminary utility service plans. 81 the result of final architectural decisions but which shall adequately describe the (d) A preliminary vehicular: and pedestrian circulation system including driveways, walkways, loading areas, parking areasi including the number of parking spaces, and (e) A system of open space and recreational uses in residential projects with estimates of acreage tol be dedicated for public use: and that to be retained in common () A draft oft the declaration by which the use, maintenance and continued protection oft the development and any ofi its common open space areas shall be submitted. (g) A development schedule indicating the stages in which thej project willl bel built and the approximate date when construction of each stage can be expected to begin, the anticipated rate of development, the approximate dates when the: stages in the development willl be completed and the area and location of common space that will development, shall alsol be included. streets tol be dedicated. ownership. be provided at each stage. (4) Thej planning commission shall review and approve the] preliminary development plan. In reviewing a development site plani in this district, the planning commission shall consider the following criteria, toi the extent relevant in each case, in evaluating the merits and purpose ofa multi-family development. Individual lots, buildings, streets and parkingareas should be designed and situated to: (a) Minimize alteration oft the natural features and topography. (b) Minimize the adverse effects of noise and traffic on off-site residents. (c) Allow for propera and adequate access for fire fighting purposes and access to service areas toj provide garbage: and waste collection and for other emergencyand (d) Achieve a compatible relationship between development and thel land as well as (e) Thej proposed development should not adversely affect the orderly development of (0) Thej proposed development shall accomplish the objectives and shall meet the standards andj performance criteria as outlined in this article. (5) Final development plan. Following the: approval oft the preliminary development plan, the applicant shall, within six months, submit toi thej planning commission a final development plan containing in final form the information required in the preliminary development plan. Thej planning commission shall review and approve the final development plan to see thati it accessory: services. with adjacent developments andl land. the city. 82 isi in compliance with the preliminary development plan. The planning commission may approve changes in the final development plan which comply with the following criteria: (a) The revised plan contains the: same or a fewer number of dwelling units or structures and/or floor area,or greater amount, or (b) The open space is in the same, general location and int the same; general amount, ora (c) The buildings have the same orl less number of stories and/or floorarea, or (d) The roads and drives follow approximately the same course. (6) Final approval. Nol building permits shall bei issued until the: approval process is complete and all necessary plans, drawings,: specifications and other required datal have been submitted and approved. No construction may commence until the entire approval process isc completed and appropriate permits issued. ARTICLE VIII. R-OI, RESTRICTED OFFICE-INSTITUTIONAL DISTRICT SECTION 8.01. STATEMENT OF PURPOSE. The restricted office-institutional district established int this article is intended toj permit those offices and restricted business uses which will provide opportunities forl local employment close to residential areas, thus reducing travel to and from work and which will provide clean, modern officel buildings in al landscaped setting or the appropriate: re-use of existing residential dwellings; which will provide, adjacent to residential areas, appropriate districts for uses which do not generate large volumes of traffic, traffic congestion and parking problems; and which will promote the most desirable use of landi in accordance with the future land use plan.' The: zones are intended fort those corridors in transition where residential uses are: adjacent and alsoare stilll located along the corridor. SECTION 8.02. PERMITTED USES. All permitted uses are subject to the restrictions set forth in section 8.05 oft this article. (1) Single family dwellings, except manufactured homes. (2) Family day care, group day care, adult day care and related uses. 83 (3) Nursery schools, kindergartens, or day care facilities provided that noj play equipment be located in the front yard and that signage be compatible to the neighborhood and not larger than regulated for home occupations. All state licensing requirements and regulationswill alsoapply. (4) Places of worship, in pre-existing buildings housing places of worship. (5) Temporary emergency construction and repair residences. (6) Offices of any type; clinical, research and: services (other than veterinary) not primarily (7) Operations designed to attract and: serve customer or client on the premises such as office related to goods of merchandise. ofattorney.physidans and other professions. (8) Pharmacies, florist shops, mortuaries. (9) Other uses similar to the above, subject tot the restrictions set forthi in section 8.05 ofthis article. SECTION 8.03. CONDITIONAL USES. (1) Bed and breakfast inn. (2) Banks with drive in windows. (3) Hospitals or nursing homes. (5) Community Residences. (6) Places of worship (7) Personal service establishments All conditional uses are subject tot the restrictions set forth in section 8.05 oft this article. (4) Personal carel homes for groups or families. (8) Home pccupations--Home occupations as limited and defined in Article II (9) Other uses similart to the above and compatible with the particular neighborhood and environment as interpreted by the Planning Commission and approved by thel Mayorand City Council. SECTION 8.04. PROTECTIVE SCREENING. Protective screening for R-OI districts adjacent to or across thes street (with the exception of arterial orc collector roads) from residential zoning districts shall bei in compliance with section 3.12 oft this ordinance. 84 SECTION 8.05. RESTRICTIONS. The following restrictions shall apply to all permitted. and conditional businesses covered byt this (1) All outdoorl business operations shall be subject to the following restrictions: (a) There shall be no outdoor storage or display of any kind. article. (b) Nol business or activity, indoor or outdoor, shall be conducted: in a manner which violates the noise ordinance or the City of Camilla, nor shall any business activities, indoor or outdoor, cause decibel levels as taken in nearby residential neighborhoods tol bes such that they violate the restrictions set forth for that neighborhood in the noise ordinance or the City of Camilla. (2) Retail businesses shalll have no more than 7,000: square feet of gross floor area. (3) No business operations shall be conducted between thel hours of11:00 p.m. and 7:00 a.m. with the exception ofi normal business opening and closing activities, i.e. cleaning, restocking, etc. Nor shall any establishment be open to the public during those hours. (4) Unless specifically covered by this article, all other sections of this article shall applyt to all establishments. (5) Manufactured or mobile homes are: not to be used as retail, office, etc. SECTION 8.06. AREA, HEIGHT, BULK ANDI PLACEMENT REQUIREMENTS. Minimum Lot Area Square Footage N/A Front Yard Setback in Feet 30 Side Yard Setback in Feet 10 Rear Yard Setback in Feet 30 Zoning District R-OI Minimum Lot Width 60 ARTICLE IX. AG,AGRICULTURAL DISTRICT SECTION 9.01. STATEMENT OF PURPOSE. The. AG, Agriculture district was established: for the purpose ofp preservingpromoting: maintaining, and enhancing the use ofl land for commercial agricultural purposes, toj prevent scattered and leap- frog non-farm growth, toj protect and preserve natural resource areas and to stabilize increases in public expenditures for such public services as roads andi road maintenance, police and fire protection, and schools. 85 This district is designed toj protect and preserve prime agricultural areas for continued agricultural and agriculturally oriented uses. Their loss cannot be readily compensated, since these prime agricultural areas are: relatively scarce, particularly on the national level and other areas require more capitol energy and nutrients toj provide equal productivity. For these reasons, land should not be converted from the AG-1 district to anotherzoning classification unless and until there is no The standards and densities prescribed for this district arei intended to preserve the open character oft the area: and thereby to protect the business of agriculture. This district isi intended not to regulate agricultural uses, but to regulate those uses which threaten agriculture. Thei intent oft these regulations for this district is to discourage subdivision of] land for typical residential typel lots requiring public services such as fire and police protection, paved roads, water,sewer, etc. This district is generallyi intended to apply tol lands inj productive farm operations including: (1) Lands historically producing good crop: yields or capable ofs such yields; (2) Lands productive for dairying, livestock raising and grazing; (3) Otherl lands which are integral parts ofs such farm operations; other land available in the city to accommodate the nonagricultural uses. (4) Land used to produce specialty crops: such as cranberries, mint, sod, fruits and vegetables; (5) Lands capable of productive use through economically feasible improvements such as and irrigation. SECTION 9.02. PERMITTED USES. (1) Beekeeping. (2) Dairying. (4) Grazing. (5) Livestock raising. (6) Poultry raising. (7) Plant nurseries and orchards. (8) Raising of grain, grass, mint and seed crops. (9) Raising of tree fruit, nuts, and berries. (3) Floriculture (cultivation of ornamental flowering plants). (10) Sod farming. (11) Vegetable raising. 86 (12) Viticulture (grape growing). (13) Forest and game management. (14) Nature trails and walks. (15) Greenhouses. (16) Single family residences except manufactured homes (17) Farm dwellings and related structures that remain after farm consolidation may be subdivided from the farm lot subject to the county health department requirements. (18) Essential services-telephone, power, etc. (19) Public recreation areas. (20) Historic: sites and areas. (21) Agricultural products and livestock processing plants. (22) Commercial grain storage and drying. (23) Hatcheries. (24) Temporary housing for migratory or other farm workers,provided iti meets all applicable city regulations. (25) Equestrian trails. (26) Fish farms. (27) Dams and flowages. (28) Governmental or institutional uses such as police and fire stations, highway storage garages, solid waste disposal and sewage treatment plants, gravel pits and quarries, schools, parks and campgrounds, airports and landing strips. (29) Places of worship, schools, and cemeteries. (30) Nursery schools, kindergartens, or day care facilities provided that all state. licensing (31) Customary home occupations and professional offices conducted within and accessory to ap permitted agricultural residence. Subject to: all other applicable city regulations requirements are: met. pertaining to home occupations. (32) Stables and paddocks. 87 (33) The storage and sale ofs seed, feed, fertilizer and other products essential to agricultural production. (34) Industrialized buildings (modular homes/units). (35) Community Residences.: See: section 3.21. SECTION 9.03. CONDITIONAL USES. (1) Bed and breakfast inns. (2) The: sale and service of machinery used in agricultural production. (3) Facilities for the centralized bulk collection, storage, and distribution of agricultural products to wholesale and retail markets. (4) Facilities used toj provide veterinarian services forl livestock. (5) Facilities used inj processing agricultural products. (6) Omeragroultura-reates, religious, utility, institutional or governmental uses to those listed in section 9.03 which are compatible with the purposes oft this district, which dor not conflict with agricultural use and which are found necessary inl light ofa alternative locations available for such uses. (7) Any structure over 100 feet tall. SECTION 9.04. AREA, HEIGHT AND PLACEMENT REQUIREMENTS. Front Yard Setbacki in Feet 30 Side Yard Setbacki in Feet 10 Rear Yard Setback in Feet 30 Zoning District AG Minimum Lot Minimum Lot Area in Acres 5acres Width 300 ARTICLEX. C-1, NEIGHBORHOOD COMMERCIAL DISTRICT SECTION 10.01. STATEMENT OF PURPOSE. 88 The neighborhood commercial district established in this article isi intended toj permit retail business, office, and service uses that are needed to serve: adjacent residential areas. In order to promote such business development sof far as is possible and appropriate: in each area, uses are prohibited which would create hazards, offensive. and loud noises, vibration, smoke, glare, heavy truck traffic, orl late hours of operation. Thei intent ofthis district is also to encourage the concentration of local business areas inl locations proposed in the future land use plan to the mutual advantage of! both consumers and merchants and thereby promote the best use of land at certain strategicl locations and avoid the continuance ofencouraging marginal, strip business development along city/county roads. SECTION 10.02. PERMITTED USES. All permitted uses are subject to the restrictions! set forth in section 10.06 oft this ordinance. (1) Barber or beauty shops and: similar uses. (2) Antique stores. (3) Custom dress making and tailoring establishments and similar uses. (4) Personal service establishment. space devoted to: such use. (6) Laundry, dry cleaning, coin laundry. (5) Eating or drinking places ine existing structures with noi more than 2,000 square feet off floor (7) Business, professional, or governmental office designed to attract and serve customers or (8) Household appliance repair shop without outdoor storage, display, or business operations (9) Retail store for food, drugs, clothing, etc. with no outdoor storage, display, or business (10) Contractor's office with no outdoor storage, display, or business operations ofa any type. (11) Veterinarian offices provided there are no outdoor kennels. Runs designed for animal exercise are allowed as long as the animals are kepti inside at night. client on premises. ofany type. operations of any type. (12) Post office. (13) Medical and/or dental clinics. (14) Temporary trailer for emergency construction and repair oft buildings. (15) Nursery schools, kindergartens or day care facilities provided all state licensing requirements are met. 89 (16) Social or fraternal clubs, lodges, union halls and other similar uses. (a) Thel buildings are not placed closer than fifty (50) feet to any property lines; and (b) There is a planted buffer strip at least ten (10) feet wide along the side and rearl lot lines. (17) Bed and breakfast inn. (18) Motor vehicle wash establishments (19) Other uses similar to the above, subject to the restrictions set forth in section 10.05 oft this ordinance. SECTION 10.03. CONDITIONAL USES. All conditional uses are: subject tot the restrictions set forth in section 10.06 oft this ordinance. (1) Places of worship. Provided that thej proposed site is not less than one (1) acre and a complete site development sketch is submitted with the application and provision is made for off-street parking. (2) Service stations. (3) Convenience store. (4) Adult Care Facilities. (5) Community Residences. See Section 3.21. (6) Other uses similar to the above and compatible with thej particular neighborhood and environment as interpreted by the Planning Commission and approved by thel Mayor and City Council. SECTION 10.04. PROTECTIVE SCREENING. Protective screening for C-1 districts adjacent to or across the street (with the exception ofa arterial orc collector roads) from residential: zoning districts shall bei in compliance with section 3.12 oft this ordinance. SECTION 10.05. RESTRICTIONS. The following restrictions shall apply to all permitted and conditional business covered by this (1) All outdoor business operations shall be subject to the following restrictions: (a) There shall bei no outdoor storage or display of anyl kind. article. 90 (b) Eating and drinking establishments are allowed tol have tables outside. There: shall be no more than ten tables, or upt to 25j percent oft thei number ofi indoor tables, (c) Convenience stores may have up to two fuel pumps and as many as eight propane (d) No business or activity, indoor or outdoor, shall be conducted in a manner which violates section 11-1-4 (Noise) oft the Camilla City Code, nor shall any business activities, indoor or outdoor, cause decibel levels as taken in nearby residential neighborhoods tol bes such that they violate the restrictions set forth for that neighborhood in the nuisance ordinance of the Camilla City Code. whichever number is less. tanks stored in a cage outside. (2) Retail businesses shalll have no: more than 7,000 square feet of gross floor area. (3) Nol business operations shall be conducted between thel hours or 11:00 p.m. and 7:00 a.m. with the exception of normal business opening and closing activities, i.e. cleaning, restocking, etc. Nor shall any establishment be open to the public during those hours. (4) Unless specifically covered by this article, all other sections of this ordinance shall apply to all establishments. (5) Manufactured or mobile homes are not to be used as retail, office, etc. (6) Buildings constructed under this article shall not have a metal facade fronting any public road. SECTION 10.06. AREA, HEIGHT, BULK AND PLACEMENT REQUIREMENTS. Minimum Lot Area! Square Footage N/A Front' Yard Setback in Feet 25 Side Yard Setbacki in Feet 10** Rear' Yard Setback in Feet 10** Zoning District C-1 Minimum Lot Width 60 **Zerol lot line commercial development does not require side and rear setbacks. ARTICLEXI. C-2, GENERAL BUSINESS DISTRICT SECTION 11.01. STATEMENT OF PURPOSE. The C-2 General Business District isi intended toj project and promote suitable areas for business and commercial uses which benefit from proximity to each other, to encourage the eventual 91 elimination of usesi inappropriate to a general business area, and to encourage the intensive development ofa a centralized business center for the City of Camilla. (1) Any usel listed under Section 10.02 of the C-1 zoning district. (2) Retail businesses and service establishments. SECTION 11.02. PERMITTED USES. (3) Financial institutions. (5) Hotels/Motels. (6) Professional Offices. (7) Loft dwellings-See: Section 11.05 (8) Motor vehicle wash establishments. (4) Commercial Planned Unit Developments in accordance with provisions of Article XIII (9) Public buildings, structures or other public land uses. (10) Other uses similar to the above and compatible with the particular neighborhood and environment: as interpreted byt the Planning Commission and approved by the Mayor and City Council. SECTION 11.03. CONDITIONAL USES. (1) Places ofworship. Provided that the proposed site is notl less than one (1) acrea anda complete site development sketch is submitted with the application and provision ist made for off-street parking. (2) Clinics, convalescent homes and nursing homes. (3) Multiple family residential dwellings, boarding or rooming houses. (4) Quick-service food stores-as limited and defined in Article II. (5) Other uses similar to the above and compatible with the particular neighborhood and environment: as interpreted by the Planning Commission and approved by thel Mayorand City Council. SECTION 11.04. RESTRICTIONS The following restrictions shall applyt to all businesses covered by this article: (1) No manufactured or mobile homes shall be used for commercial purposes except for manufactured home sales offices. 92 (2) Nol buildings constructed under this article shall have a metal façade fronting any public SECTION 11.05. PERMITTED RESIDENCES IN' THE GENERAL BUSINESS DISTRICT Loft dwelling residential uses are permitted ine existing multi-story commercial buildings so long as their plans are: submitted and approved by the City of Camilla Planning Commission and Mayor and City Council. The following minimum requirements shall be met prior toapproval: (1) Minimum Floor Space Requirements and Maximum Number of Occupants shall complywith (2) Building Codes: Alll loft dwelling residential renovations shall comply with all existing roadway. the Building Codes. Commercial Building Codes and Fire Codes with fire walls. (3) Restrictions: (a) All window treatment must be off white colors with no signs, drawings or photographs incorporated therein. Nothing shall hang from the outside oft the (b) No outside mailboxes shall be permitted; inside mailboxes or mail slots shall be (c) No outside television or radio antennas ors satellite reception dishes shall be permitted unless they arel less than 36 inches and are. located on roof or sucha away as not tol be visible from street; cable connections shall be permitted and located at (d) No daily or weekly boarding rooms shall be permitted, only complete dwelling units (e) Outside building dentification numbers shall not exceed six (6) inches in height. () No dry of clothes shall be permitted on the outside of thel building. windows. used. the rear oft the establishment. as defined herein. (g) Entry to the unit or toa al hallway serving one (1) or more units shall be provided bya stairway opening directly to the outside at: street level. All stairways shall be (h) All window air-conditioning units shall not be visible from any public street. enclosed. No unit shall occupy street level frontage. () No washing or waxing of vehicles shall be permitted. 0) No recreation, entertainment, public gathering or placement of furniture shalll be allowed on the sidewalks unless permitted by Mayor and City Council. (k) No: sales oft the type commonly known as garage: sales, yard sales, or estate: sales shall be allowed. 93 (4) Parking: (a) Each residential unit shall havei its own off-street parking space with direct access to aj publica alley or street between thel hours of 8a.m.- - 6p.m. (Monday through Friday). Public parking may only be used to meet this requirement with prior approval oft the Mayor and City Council. SECTION 11.06. PROTECTIVE! SCREENING Protective screening for requirements ofC-2 General Business District adjacent to or near residential districts shall bei in compliance with the Regulations set forth in Section 3.12. SECTION 11.07. AREA, HEIGHT, BULK ANDI PLACEMENT REQUIREMENTS. Minimum Lot Area Square Footage N/A FrontYard Setback in Feet N/A Side Yard Setbackin Feet 10** Rear) Yard Setback in Feet 10** Zoning District C-2 Minimum Lot Width 60 **Zero lot line commercial development does not require side and rear setbacks. 94 ARTICLE XII. C-3, HIGHWAY COMMERCIAL DISTRICT SECTION 12.01. STATEMENT OF PURPOSE. Thej purpose oft the C-3, Highway Commercial District is toj provide for and encourage appropriate development along the City's major streets which willi include a variety of sales and services that will both accommodate the needs oft the City and the traveling public. Adequate off-street parking, adequate building set-backs and reduction oft trafficl hazards are prime city objectives for business development along the city's major streets. SECTION 12.02. PERMITTED USES. (1) All permitted uses in the C-1 and C-2: zoning districts, except loft dwellings. (2) Automobile sales and auto: service. (3) Service stations. (4) Agricultural equipment sales and service. (5) Wholesale stores, storage buildings, warehouses, mini-warehouses, distributingr plants, (6) Small fabrication and manufacturing shops, when employing not more than ten (10) freezers and lockers. employees in the office and manufacturing operations. (7) Monument and: statuary sales. (8) Manufactured housing sales. (9) Outdoor furniture and equipment (10) Tent and canopy sales. (11) Swimming pools andl hot tub sales. (12) Trade: shops providing that all operations are conducted entirely within thel building. (13) Shopping centers. (14) Museums. (15) Motor vehicle wash establishments. (16) Public buildings,structures, or other publicl land uses. 95 SECTION 12.03. CONDITIONAL USES. (1) All conditional uses in the C-1 and C-2zoning districts (2) Cemeteries provided that a complete site development sketch is submitted with the (3) Places ofv worship.) Provided that the proposed site is not less than one (1) acre: and a complete site development sketch is submitted with the application and provision is made application. for off-street parking. (4) Hospitals, clinics, nursing homes, and personal care homes. (5) Open air businesses-as limited and defined in Article II. (6) Flea Markets (aj planted natural buffer strip of at least ten (10) feet wide along the side and (7)) Junk yards provided that protective screenings are provided. (See Section 3.12, Protective rearl lot linesi is required). Screenings). (8) Adult entertainment businesses. (9) Gas tations/min-marts-as: limited and defined in Article II. (10) Other uses similar to the above and compatible with the particular neighborhood and environment asi interpreted byt the Planning Commission and approved by the Mayor and City Council. SECTION 12.04. AREA, HEIGHT, BULK ANDI PLACEMENT REQUIREMENTS. Minimum Lot Area Square Footage N/A Front' Yard Setback in Feet 35 Side Yard Setback in Feet 10** RearYard Setback in Feet 10** Zoning District C-3 Minimum Lot Width 60 **Zero lot line commercial development does not require side and rear setbacks. SECTION 12.05. PROTECTIVE SCREENING. Protective screening for C-3 districts adjacent to or across the street (with the exception ofr major arterial or major collector roads) from residential zoning districts shall be in compliance with section 3.12 oft this ordinance. 96 ARTICLE XIII. C-PUD, COMMERCIAL PLANNED UNIT DEVELOPMENT SECTION 13.01. STATEMENT OF PURPOSE. Iti is thei intention oft this ordinance toj provide areas ofsufficient size and allowing reasonable flexibilityi in design and orientation fort the establishment ofas structure or group of structures whichi include one or more retail sales, service and office enterprises on a single parcel oflandi in Int the case ofaj plan fora a large scale development which, in thej judgment oft the planning commission and county commission, provides adequate open space and improvements for pedestrian and vehicular circulation, light, air and service needs oft the tract when fully developed, the application oft the usual requirements ofarea, height, bulk and placement is noti intended within the planned unit development. The application oft these usual restrictions in certain large: scale developments may have results affording less protection tot the public health, safety and welfare than ift this intended measure of flexibility where permitted." The intent oft this district is toi increase the desirability and convenience tot the users of the development without causing adverse effects on the form generally known as a' "one stop shopping center." adjoining properties. The minimum size ofa commercial planned unit development district is four acres. Within the commercial planned unit development districts, the following regulations shall apply. SECTION 13.02. PERMITTED USES. SECTION 13.03. CONDITIONAL USES. (1) Any use permitted in non-residential zoning districts. (1) Places of worship. Provided that the proposed. sitei is notl less than one (1) acreanda a complete site development sketch is submitted with the application and provision is made for off-street parking. (2) Medical facilities, nursing homes, group homes and personal care homes. (3) Public! buildings, structures or other publicl land uses. SECTION 13.04. PROCEDURE FOR PROJECT APPROVAL. (1) A petition for rezoning land int this district shall be submitted to the city planning office the (2) A written statement to accompany the zoning application must contain the following: same as with any: zoning request. (a) An explanation oft the character of the development. (b) A: statement of present ownership of all land included within the development. 97 (c) A general indication oft the expected schedule of development. (3) Preliminary development plan. Following the official rezoning oft the proposed property, thea applicant shall submit aj preliminary development site plan. The preliminary development plan shall include all oft the following information: (a) Aj preliminary: site plan at: as scale notl less than 1": = 200', depicting all existing masses of trees and other natural features including the topography of thel land.. A preliminary solution ofa all storm drainage needs shalll be included. (b) Thel location and grouping of all uses and the amount of area for each, plus (c) The tentative location of each structure on the site. Tentative floor plans and exterior elevations, which need notl be the result off final architectural decisions but which: shall adequately describe the development, shall also bei included. (d) Aj preliminary vehicular and pedestrian circulation system including driveways, walkways, loading areas, parking areas including the number of parking spaces, and (e) Asystem of open space and recreational uses in residential projects with estimates ofacreage tol be dedicated for public use: and that to be retained in common () Ad draft oft the declaration by which the use, maintenance and continued protection oft the development and any of its common open space areas shall be submitted. (g) A development schedule indicating the stages in which thej project willl be built and the approximate date when construction of each stage can be expected to begin, the anticipated rate of development, the approximate dates when the stages in the development willl be completed and the area and location of common space that will preliminary utility service plans. streets tol be dedicated. ownership. be provided at each: stage. (4) The planning commission shall review and approve thej preliminary development plan. In reviewing: a development site plan in this district, the planning commission shall consider the following criteria, tot the extent relevant in each case, in evaluating the merits and purpose ofa multi-family development. Individual lots, buildings, streets and parkingareas should be designed and situated to: (a) Minimize alteration of the natural features and topography. (b) Minimize the adverse effects of noise and traffic on off-site residents. (c) Allow for proper and adequate access for fire fighting purposes and access to service areas to provide garbage and waste collection and for other emergencya and accessory services. 98 (d) Achieve a compatible relationship between development and the land as well as (e) Thej proposed development should not adversely affect the orderly development of () Thej proposed development shall accomplish the objectives and shall meet the standards and performance criteria as outlined in this article. (5) Final development, plan. Following the approval of the preliminary development plan, the applicant shall, within six months, submit to the planning commission a final development plan containing in final form thei information required int the preliminary development plan. Thej planning commission shall review and approve the final development plan to see thati it isi in compliance with the preliminary development plan. Thej planning commission may approve changes in the final development plan which comply with the following criteria: (a) The revised plan contains the: same or a fewer number of dwelling units or (b) The open space is int the: same general location and in the same general amount, ora (c) Thel buildings have the same or less number ofs stories and/orf floorarea, or (d) The roads and drives follow approximately the same course. with adjacent developments and land. the city. structures and/or floor area, or greater amount, or (6) Final approval. No building permits shall bei issued until the approval process is complete and all necessary plans, drawings, specifications and other required datal havel been submitted and approved. No construction may commence until the entire: approval process isc completed and appropriate permits issued. SECTION 13.05. AREA, HEIGHT, BULK AND! PLACEMENT REQUIREMENTS. Minimum Lot Area Square Footage N/A Front' Yard Setback in Feet 35 Side Yard Setbackin Feet 10** Rear Yard Setback in Feet 10** Zoning District C-PUD Minimum Lot Width 60 **Zero lot line commercial development does not require side: and rear setbacks. 99 ARTICLE XIV. I-1, LIGHT INDUSTRIAL DISTRICT SECTION 14.01. STATEMENT OF PURPOSE. The light industrial district isi intended toj permit certain firms, which are ofal light manufacturing character tol locate in planned areas oft the city. Firms that utilize substantial quantities of water in manufacturing are not permitted int this district. Industrial firms in this district do not necessarily require rail frontage. SECTION 14.02. PERMITTED USES. (1) Any use permitted in commercial zone districts, except loft dwellings. (3) Bottling or packaging of cleaning compounds, polishes, etc. (2) Wholesale bakeries, baking plants, etc. (4) Building equipment, building materials, lumber, sand, gravel storage yards and yards for contracting equipment, maintenance or operating equipment ofp public agencies or public utilities, or materials or equipment of similar nature. (5) Carpet manufacturing. (6) Carpenter and cabinet making shops. (7) Cold storage plants. (8) Dental, surgical and optical goods manufacturing. (9) Electronic manufacturing and assembly plants. (10) Electric motors and generators manufacturing. (11) Research and testing laboratories. (12) Pharmaceutical products manufacturing. (13) Printing, engraving and bookbinding shops. (14) Soft drink bottling establishments. (15) Tool, die, gauge and machine shops. (17) Textile and clothing manufacturing. (16) Processed agricultural products other than meat, poultry or animal products. 100 (18) Natural gas and petroleum products storage and sales. (19) Plastic product manufacturing, but noti including thej processing oft the raw materials (no (20) Warehouse, storage and transfer, electrica and gas service buildings and yards, public utility buildings, telephone exchange buildings and substations, gas regulator stations. (21) Electrical, glazing, heating, painting, paper hanging, plumbing, roofing or ventilation actual plastic making). contractor's establishments including outside storage yards. (22) Moving or storage offices and warehouse. (23) Publicly owned buildings, public utility buildings and service yards including storage yards. SECTION 14.03. CONDITIONAL USES. (1) Other uses similar to the above and compatible with the particular neighborhood and environment: as interpreted by the Planning Commission and approved by thel Mayor and City Council. SECTION 14.04. AREA, HEIGHT, BULK ANDI PLACEMENT REQUIREMENTS. Minimum Lot Area Square Footage N/A Front' Yard Setback in Feet 30 Side Yard Setback in Feet 20 Rear' Yard Setbacki in Feet 30 Zoning District I-1 Minimum Lot Width 75 SECTION 14.05. PROTECTIVE SCREENING. Protective screening forl I-1 districts adjacent to or across the street (with the exception of arterial or collector roads) from residential zoning districts shalll bei in compliance with section 3.12 ofthis ordinance. ARTICLEXV. I-2, HEAVY INDUSTRIAL DISTRICT SECTION 15.01. STATEMENT OF PURPOSE. 101 Thei intent oft this section is top provide for the development in desirable areas oft the city, oft those heavy commercial and industrial establishments which may create: some: nuisance and which are not properly associated with or compatible with any oft the development proposed for the other districts. These uses are primarily of a manufacturing, assembling, and fabricating nature. Reasonable: regulations apply to uses in this district so as toj permit thel location ofi industries which will not cause: adverse effects on residential and commercial areas oft the city. SECTION 15.02. PERMITTED USES. (1) Any use permitted in "I-1") lighti industrial district. (2) Salvage yard as defined in article B "Definitions" under the following stipulations: (a) The site must have either railroad access or direct access to ai four-lane highway. (b) The site must have ap protective fence and screening surrounding the storage: area priort to the start of operation and meet the following design and performance () The fence must be ai minimum of six feet in height, (ii) Be constructed of wood, chain link, or masonry, and standards: (iii) Bel locked after business hours. (iv) Thej protective screening must either meet the standards section 3.12 ort the fence must hide 90 percent of any storage pile on site from off- site view. (v) The fence may not be constructed of any used tin. (c) The salvage yard may have junk vehicles on site, however, no more than 30 uncrushed junk vehicles shall remain on site for more than seven days. (3) All other uses ofa a manufacturing or processing nature except those: subject to conditional approval. (4) Service stations. SECTION 15.03. CONDITIONAL USES. (1) Machinery assembly plants. (2) Canning factories. (3) Chemical plants. manufacture. (4) Cement, lime, gypsum or plaster of paris manufacturing, corrosive. acid or alkali (5) Incineration of garbage or refuse. (6) Metal stamping and pressing plants. 102 (7) Smelting of any ferrous of non-ferrous metal. (8) Stock yards, slaughter houses and meat packing plants. (9) Animal husbandry facilities of not more than 1,800: square feet floor space, provided same are completely enclosed with concrete floor,solid walls and roof, have dual secure entrances at: all access points, and do not otherwise violate the Code of Ordinances oft the (10) Reformatories, prisons, correctional or penal institutions, but noti including prison farms. (11) Other uses similar to the above and compatible with the particular neighborhood and environment: as interpreted' byt the planning commission and approved byt the mayor and city. city council. SECTION 15.04. AREA, HEIGHT, BULK ANDI PLACEMENT REQUIREMENTS. Minimum Lot Area Square Footage N/A Front Yard Setback in Feet 50 Side Yard Setbacki in Feet 30 Rear Yard Setback in Feet 50 Zoning District I-2 Minimum Lot Width 100 SECTION 15.05. PROTECTIVE SCREENING. Protective screening forl I-2 districts adjacent to or across the: street (with the exception of arterial or collector roads) from residential: zoning districts shall bei in compliance with section 3.12 ofthis ordinance. ARTICLE. XVI. R-MH, RESIDENTIAL, MANUFACTURED HOME DISTRICT SECTION 16.01. STATEMENT OF PURPOSE. Thel R-MH district (four-acre minimum) is a planned development in the city which is used to accommodate manufactured home parks, manufactured home subdivisions, and recreational vehicle parks. When such a development is proposed the party or parties must petition for the rezoning of the: subject parcel tol R-MH.lfrezoning: is granted after aj public hearing, a complete site plan must be submitted tot the planning commission/city council for their approval priort to any development. 103 SECTION 16.02. PERMITTED USES. (1) Recreational vehicles as defined in section 1.08. (2) Manufactured home parks (3) Manufactured home subdivisions. SECTION 16.03. CONDITIONAL USES. (1) Public facilities or structures. (2) Home Occupations. SECTION 16.04. MANUFACTURED HOME PARKS: GENERAL REQUIREMENTS. All manufactured home parks located within the City of Camilla shall meet the following general requirements: (1) Establishment of manufactured. home parks. (a) From and after the adoption oft this chapter, each proposed manufactured home park development shall be presented in site plan form by the developer to the planning commission/city council for review and approval and shall conform to the minimum design and improvement standards required herein. (b) Noj private construction or publici improvements shall commence on any land to be used as a manufactured home park priort tot the approval and certification oft the (c) A person, firm, or corporation desiring to develop a manufactured home park within the City of Camilla shall provide appropriate copies ofas sketch plan ofap proposed layout which shall conform to the minimum requirements stated herein and shall file: said copies of said sketch plan with thej planning commission for review. required development plans. SECTION 16.05. EXPANSION OF MANUFACTURED HOME: PARKS. Aj person, firm, or corporation desiring to expand a manufactured home park to include: more manufactured homes or manufactured home sites shall submit plans and specifications for such improvements to the Planning commission for review prior toi initiating construction and improvements. SECTION 16.06. DESIGN. The design ofar manufactured home park shall conform to the following design requirements: 104 (1) Setback. The manufactured home park shall be SO designed that manufactured homes (and travel trailers) and theira accessory structures shall bea al minimum distance of 15 feet from adjoining property lines, 20 feet from internal park streets, and at least 30 feet from: any publicly dedicated street. Manufactured home stands shalll be designed so as to providea (2). Access. The manufactured home park shall front upon aj publics street. Each manufactured home site and its parking area shall have direct access tot thei internal street system ofthe (3) Streets. Streets within a manufactured home park shall bej privately owned, privately constructed, andj privately maintained. Such private streets shall be well drained and provided with al hard surface treatment with a minimum surface oft ten feet for one-way (4) Parking. Each manufactured home stand shall be provided with a minimum of two off- street parking spaces. Parking on interior streets within aj park is hereby prohibited. The required front yard may be used for the minimum parking, however, required side and rear (5) Minimum area of tract. A manufactured home park shall have a minimum size oft four (6) Minimum number ofs spaces. A manufactured home park shall have a minimum oft ten spaces prepared with all utilities in place prior toi its approval for occupancy. (7) Density. A maximum of ten manufactured home stands per acre or ten travel trailer stands (8) Length ofresidemtalocupang. No space within a manufactured home park: shall be rented for residential use ofar manufactured home except for periods of: 30 days or longer. (9) Manufactured home inspections. It shall be the initial responsibility of each manufactured home or trailer park operator to notify thel building official to inspect manufactured homes being placed within the confines of any park under his jurisdiction, control or supervision, for compliance with the provisions of this chapter, prior to the placement of any such manufactured home on its stand and within such park and to the connection of utility (10) Issuance ofi permit. Atl least once each year the building official atl his convenience shall inspect each manufactured home park and the manufactured home units within said parks to determine that same arei in full compliance with the codes oft the City of Camilla. He shall issue aj permit for such use for each manufactured home park and each manufactured home unit which in the course of each: such inspection he finds tol bei in full distance ofa at least 30 feetl between manufactured homes. park. streets and 20 feet for two-way streets. yards may not be utilized for the minimum parking. acres. per acre is allowed. services to and occupancy oft the manufactured home. 105 compliance with the requirements oft this chapter, and such permit shall be valid fora period of one year from the date ofi itsi issue. SECTION 16.07. MANUFACTURED HOME PARKS: IMPROVEMENTS. Manufactured home parks constructed or reconstructed within the City of Camilla shall be provided (1) Sewage. The manufactured home park shall be provided with an approved sewage (2) Water. A potable water supply shall bej provided by thej park operator. If city wateris available at thej proposed site, water: service shall be connected to the system and fire hydrants shall be placed within 500 feet of each manufactured home stand. Ift the proposed park is located within 1,000 feet ofay publics system, the owner or developer shall promptly enter into negotiations to receive service and shall take all steps necessary to promptly (3) Easement. Publicly dedicated easements of proper size for their respective intended purposes shall bej provided within the parki ifindividual manufactured home stands and (4) Utility placement. All water, sewer, or gas lines shall bel buried a minimum of 18i inches below the finished ground surface oft the park and: shall be provided with adequate valve systems to follow the cutoff of utility service toa a manufactured home stand at the manufactured home stand and at the entrance of the utility service from the stand to the trunkl line of the utility system. Ifo overhead service lines are provided within the park, such lines shall be ai minimum of 25 feet above the grade of interior streets and sO placed that no (5) Lighting. All recreation areas, park entrances, parks streets, and pedestrian easements shall bei illuminated toj provide at least three tenths (0.3) foot candles ofl lighting. (6) Garbage and refuse. Garbage and refuse service shall conform with all city ordinances. with the following minimum improvements: collection system. obtain same. accessory: park uses are tol be: serviced by aj public utility system. wires extend overa a manufactured home stand. (7) Walks: (a) General requirements. All manufactured home developments shall be provided with safe and convenientpedestran accesses of adequate width for theirintendedi use (b) Common walk: system. A common walk system shall be provided and maintained between locations where pedestrian traffici is concentrated. Such common walks and same: shall be durable and convenient to maintain. shall have a minimum width oft three and one-half feet. 106 (c) Individual walks.. All manufactured home stands shalll be connected to common walks, or to streets, or to driveways or toj parking spaces. Suchi individual walks shall have a minimum width oft two feet. (8) Open Space: (a) The manufactured home park shalll have minimum setback from any public street of 401 feet, which shall be properly landscaped with grassed area and maintained by (b) The manufactured home park must retain 10% of the total site area as open space fort the enjoyment of all residents.. As such, it shall be located appropriately to ensure: reasonable: access byt the majority of residents and maintained byt the owner and operator of the manufactured home park. This area shall noti include the 401 feet (c) The manufactured home park shall provide one or more FEMA approved storm shelters ofsize and capacity sO as to accommodate all the residents oft the park. the owner and operator oft the manufactured home park. ofsetback from public streets. (9) Manufactured home stands. Each manufactured home stand shall be required to be provided with the following minimum accommodations: (a) Interior street access. Each: stand shalll be provided with access frontage of at least 20 (b) Electric, power supply. Each stand shall be provided with aj properly grounded, waterproofed electrical receptacle.. Aj properly sized over-current device shall be installed as aj part of each power outlet. Said fixtures shall meet the standards (c) Stand dentification. Aj property and street number designation or other appropriate numbering device properlyi identifying each manufactured home stand shalll be placed at thei interior side lot line ata aj point ten to 15 feet from thei interior road system oft the park. Such device shall be clearly visible from the: street and shall be embossed with reflectorized glaze for the numbers. Such numbers shall be: a feet. established by applicable city codes. minimum of three inches inl height. SECTION 16.08. MANUFACTURED HOME PARKS: ACCESSORY USES PERMITTED. The following establishments ofac commercial nature may be permitted as customary accessory usesi in a manufactured home park, provided such uses do not occupy more than tenj percent oft the area oft the park, arel located a minimum distance of1 100 feet from any adjoining property line or street or Mighwayriehtowayand. are primarily intended for the convenience ofand: service tot the occupants of the park: 107 (1) Coin-operated laundry. (2)Coin-operated vending machines oft types allowed under applicable codes oft the Cityof Camilla, provided such are. located within al building and are not visible fromi the street or (3) One or more signs identifying the name oft the park and the: servicès provided therein; signs regulating traffic or provided fort the convenience and welfare of park residents. SECTION 16.09. MANUFACTURED HOME SUBDIVISIONS: GENERAL REQUIREMENTS. The purpose oft the manufactured. home subdivision is toj provide an area within the city wherel lots may be purchased byi individuals for the purpose of permanently locating a manufactured home, modular home or the construction ofa a single-family residence.. All manufactured home subdivisions shall be developed according to the requirements oft the subdivision ordinance ofthe (1) Minimum. subdivision. size. The minimum manufactured home subdivision size shall be from adjoining property lines. City of Camilla. four acres. (2) Uses permitted.. All uses permitted in sections 16.02 and 16.03. (3) Area, height, placement and development requirements. Minimum Lot Area Square Footage 4units/acre or 10,890square feet per unit Front Yard Setback in Feet 25 Side Yard Setback in Feet 10 RearYard Setback in Feet 25 R-MH Zoning District Minimum Lot Width Single Family 100 (4) Otherrequirements: (a) Anyadditions to a manufactured home ora accessory buildings constructed onal lot shall comply with the requirements of thel Building, Electrical, Plumbing and Gas (b) The wheels shall be removed from each manufactured home occupying al loti int the Codes. subdivision. 108 (c) Each manufactured home shalll be: sufficiently supported, tied down and the under (d) Before a certificate of occupancy is issued, the required permits and inspections carriage completely enclosed. must be obtained from thel building department. ARTICLEXVII. NON-CONFORMING BUILDINGS AND USES SECTION 17.01. COMPLIANCE WITH ARTICLE REQUIRED. Anyl lawful use of land or buildings existing at the date ofa adoption of this ordinance or amendments thereto and located in a district in which it would not be permitted as a use under thei regulations of this ordinance including amendments thereto isl hereby declared tol bea a' "non-conforming use" and noti in violation oft this ordinance provided, however, that ai non-conforming use: shall be subject to, and the owner: shall comply with, the following regulations. SECTION 17.02. NON-CONFORMING BUILDINGS ANDI USES. oft this ordinance or amendments thereto, may be continued provided that: An non-conforming use ofl land or a non-conforming building which existed as oft the date ofa adoption (1) No such use of non-conforming land or buildings shall in any way be expanded or extended (2) Ifsuch use of non-conforming land or buildings or any portion thereof is discontinued or changed, any future use ofs such land shall be in conformity with provisions ofthis ordinance with the following exceptions. and all amendments thereto. SECTION 17.03. DISCONTINUANCE OR ABANDONMENT. Any non-conforming use of land or building which has become unused, vacant or remains unoccupied due to abandonment or discontinuance of use for a period of1 180 days shall thereafter conform to thej provisions of this ordinance and all amendments thereto. SECTION 17.04. RESTORATION. No building which houses a nonconforming use which has been destroyed or damaged by fire, explosion, act of God, orl by public enemy to the extent of 50 percent ofi its market value--exclusive of the foundation at the time such damage occurred--shall thereafter be made to conform with the provisions ofthis chapter.) Ifsuch damage is less than 50j percent ofi its market value before said damage occurred, exclusive oft the foundation, then such structure may be restored to the same 109 nonconforming use as existed before such damage, provided however, that al building permit to initiate restoration must be obtained within six months oft the occurrence of damage; otherwise the provisions of Section 17.03 will: apply. SECTION 17.05. CHANGE OF TENANCY OR OWNERSHIP. There may be a changei in tenancy, ownership, or management of an existing non-conforming use of land provided the non-conformity is not abandoned or discontinued for more than 180 days. ARTICLEXVIII. OFF-STREET PARKING AND LOADING REQUIREMENTS SECTION 18.01. SCOPE OF PROVISIONS. Except as provided in this section, no application for al building permit shall be approved unless there isi included with thej plan for such building, improvements, or use, aj plot showing the required space reserved for off-street parking and: service purposes. Occupancy shall not be allowed unless the required off-street parking and service facilities have been provided in accordance with those shown on the approved plan. SECTION 18.02. PARKING SPACESI MAYI NOT BE REDUCED. Off-street parking spaces shall notl be reduced below the minimum required number for the use or facility to which they are: assigned unless approved by the planning director. SECTION 18.03. DRAINAGE, CONSTRUCTION, AND MAINTENANCE. All off-street parking, loading, and service areas shall be constructed of concrete or asphalt.. All such areas shall be at all times maintained at the expense oft the owners thereof, in a clean, orderly, and dust-free condition. SECTION 18.04. PARKING AREA DESIGN. Parking stalls shall have a minimum width of nine feet and length of 181 feet. There shall be provided adequate interior driveways to connect each parking space with a public right-of-way. Interior driveways shall be atl least 241 feet wide where used with 90 degree angle parking, at least 181 feet wide where used with 60 degree angle parking, atl least 13 feet wide where used with 45 degree parking, and at least 12 feet wide where used with parallel parking, or wherei there is no parking, interior driveways shall be at least ten feet wide for one-way traffic movement and at least 20 feet wide for two-way traffic movement. 110 SECTION 18.05. JOINT PARKING FACILITIES. Two or more neighboring uses, oft the same or different types may providej joint facilities provided the number of off-street parking spaces are notl less than the sum oft thei individual requirements. SECTION 18.06. PAVEMENT MARKINGS AND SIGNS. Each off-street parking space shall be clearly marked, and pavement directional arrows or signs shall be provided in each travel way wherever necessary. Markers, directional arrows and: signs shall bej properly maintained so as to ensure their maximum efficiency. SECTION 18.07. LOCATION OF PARKING SPACE FOR OTHER LAND USES. The off-street parking facilities required for all other uses shall be located on thel lot or within 1,000 feet oft the permitted use requiring such off-street parking, such distance tol be measured alongl lines ofp publicaccess to thej property between the nearest point of the parking facility to thel building to bes served. SECTION 18.08. OFF-STREET PARKING REQUIREMENTS. In all: zoning districts off-street parking spaces for the storage and parking ofs self-propelled motor vehicles for the use of occupants, employees and patrons oft the buildings hereafter erected, or enlarged after the effective date oft the zoning ordinance shall be provided as herein prescribed. Required parking spaces shall be maintained and: shall notl be encroached upon so long as said main building or structure remains, unless an equivalent number ofs such spaces are provided elsewhere inc conformance with this article. The owner or owners ofa al building structure or other land use requiring off-street parking spaces must show, to the satisfaction oft the planning director, or his designee, that hei is the record title holder of the property devoted to said principal land use: and of the property proposed for off-street parking use, or that hei is thel lessee of such property. SECTION 18.09. NUMBER OF PARKING! SPACES. In order to assure aj proper and uniform development of public parking areas throughout the: area ofj jurisdiction oft this ordinance, to relieve traffic congestion on the streets, and to minimize any detrimental effects on adjacent properties, off-street parking space shall be provided and maintained as called fori in the following schedule. For any use or class of use noti mentioned in this schedule, the requirements shall be thes same as a similar use as mentioned. herein. Parking requirements for additions to existing uses shalll be based only upon the new addition even ifthe existing usei is deficient. SECTION 18.10. PLANTED AREAS. Any off-street parking facility oft ten cars or more: shall also provide the equivalent of one parking space per each ten cars and each fraction thereof, tol be planted with at least one tree witha 111 minimum diameter (measured att thel location ofi its greatest width) of one and one-halfi inches, and grass and/or ground cover. The exact location within thej parking facility is optional with each design, but the planted area herein referred to shall bei in addition top perimeter buffer strips and to The purpose oft this requirement is to aid in providing visual definition, oxygenation, shade, wind modulation, drainage absorption and relief from otherp problems as may result from total coverage other landscaping on thej property outside the parking facility. paving. SECTION 18.11. OFF-STREET PARKING STANDARDS. TABLEINSET: NON-HANDICAPPED PARKING STANDARDS # USE Apartment and multifamily 1 buildings 2 Apartments for elderly 3 Appliance store NUMBER OF PARKING SPACES /Dwelingunit-/every 10 spaces for boats, etc. 1/Dwelling unit 1/each 400 sq.ft. GFA (gross floor area) 1/every 31 fixed seats in largest room; 1 each 40 sq. ft. ofarea 4 Auditorium, gym stadium, etc. available for seats; 1/each 150: sq. ft. GFA; whichever is greatest. 1/each pump and 1/each 2 employees during largest shift, but not less than 4.1 Ina addition to service area. 5 Auto fueling stations 6 Auto] parts and accessories 7 stations and washeterias Auto: service and appliance 8 centers 9 Bowling alley 10 Club/Lodge/Banquet 1/each 400: sq.f.GFA wash area Auto sales and repair; service Same as (5) above + 1/each 500 sq. ft. GFA of the shop or 1/each 400: sq. ft. of retail FA + 1/each service bay 4/alley+requirements for any other use associated with the 1/each 2 employees + 1 for each 200 sq. ft. of GFA within the establishment 112 Hall/Event Center 11 Place of worship 12 Dance school main assembly area + requirements for each additional use. 1/each 4 seats in main place ofa assembly loading and unloading of students 1/each employee + 1/150 sq. ft. of GFA + safe and convenient 3/each individual unit. Residential driveways will satisfy this 1/each 250: sq. ft. ofGFA: and 2 waiting spaces for each drive 13 Duplex dwelling unit 14 Financial institution 15 Furniture store 16 Golf course 17 stores 18 schools, etc. 19 Hospital 20 Hotel/motel 21 Indoor and outdoor recreational facilities Industrial or manufacturing estab. or warehouse and day care 25 Nursing home need. through window. 1/each 400 sq. ft. of GFA 2/each hole + 1/each 2 employees + requirements for any other use associated with the golf course. C-1=1/each 333 sq. ft. ofGFA Grocery store and convenience C-2= 1/each 250 sq. ft. of GFA High schools, colleges, trade 1/each employee + 5/classroom + sufficient area for safe and convenient loading and unloading of students. 1/per bed + 1/employee on shift of greatest employment + 1/each visiting staff or doctor. 1/guest room + 1/each 2 employees 1/each 150: sq.ft. of gross area devoted to the use; or 1/each 4s seats or facilities available for patron use, whichever is 2/each 3 employees on shift of greatest employment+ 1/each vehicle used directlyi in the conduct ofb business convenient loading and unloading of students. greater. 22 23 Kindergarten, nursery schools 1/employee + 1/each 350 sq. ft. of gross floor area + safe and 1/each 21 beds + 1/employee on shift of greatest employment 1/each 350 sq. ft. of GFA or 1/each 2 employees, whichever 26 Office or professional building is greater 113 Personal services establishment 28 Repair shop 29 30 1/each 350 sq. ft. of GFA +1 1/each 2€ employees, whichever is 1/every 300s sq.ft. ofGFA+1 1/employee on shift of greatest 1/every 100 sq. ft. GFA w/minimum of104 + 1/each employee 1/each 150 sq.ft. GFA w/minimum of1 10 +1 1/each 3 outdoor 27 greater employment Restaurant: On-premises consumption Restaurant: Carry out w/ outdoor seats only 31 Restaurant: Carry out only Restaurant: Onj premises w/drive thru on shift ofg greatest employment seats 1/each 150 sq. ft.GFA w/minimum of10 1/each 100 sq. ft. GFA w/minimum of1 10+ an adequate lane for through traffic which will not obstruct the required parking and driveway fort the restaurant- + 1/each employee 1/teacher + 1/each 2 service and administrative employees + 1/classroom + safe and convenient loading and unloading 1/each 21 beds + 1/employee on shift of greatest employment 1/every 100: sq. ft. GFA. Minimum ten (10) parking spaces. 32 33 Schools, elementary 34 Senior citizen homes 35 Social-Event Hall Shopping center: Greater than 35,000 GFA Shopping center: Less than 35,000: sq. f.GFA 38 Swimming pool: Public 39 Travel trailer park Retail stores: Ifr not otherwise 40 mentioned students 36 37 1/each 300: sq. ft. GFA 1/each 350: sq. ft.GFA 1/each 200: sq. ft. ofwater surface area + all requirements for any additional uses such as a restaurant 1/each trailer stall + 1/each two employees 1/each 300: sq. ft.GFA 1/each employee + 1/each vehicle use directly ini the conduct 41 Wholesale establishment ofbusiness 114 SECTION 18.12. NUMBER OF HANDICAPPED PARKING SPACES. In order to assure aj proper: and uniform development of public handicapped parking areas throughout the area of jurisdiction oft this ordinance, handicapped parking space: shall be provided andi maintained as called fori in the following schedule. Handicapped parking requirements for additions for existing uses shall bel based only upon the new addition, even ifthe existing usei is deficient. TABLEINSET: HANDICAPPED PARKING STANDARDS TOTAL: REQUIRED PARKING SPACES ADDITIONAL HANDICAPPED SPACES Up to 25 26-50 51-75 76-100 101-150 151-200 201-300 301-400 401-500 501-1000 Over1000 1 2 3 4 5 6 7 8 9 2% of total 20 +1f for each additional 100 over 1000 SECTION 18.13. OFF-STREET LOADING REQUIREMENTS. On the same premises with every building, structure or part thereof, erected and occupied for manufacturing, storage, warehouse, truck freight terminal, goods display, department store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning or other uses similarly involving the receipt or distribution of vehicles, materials, or merchandise, there shall be provided and maintained on the lot of adequate space for standing, loading and unloading services in order 115 toa avoid undue interference with public use oft the streets and alleys. Such loading and unloading space, unless otherwise adequately provided for, shall be an area ten feet by! 50 feet, with 15-foot height clearance, and shall be provided. according to thet following schedule: TABLE INSET: OFF: STREET LOADING REQUIREMENTS # GFA In Sq. Ft. 1 0--10,000 2 10,001--100,000 100,001-- 3 500,000 4 500,000 and up Loading Spaces None sq.ft. sq.ft. 1/for first 10.001 sq.ft.+1/each: additional 40,000 sq. ft. in excess of10.001 1/first100,001 sq. ft.+ 1/each additional 60,000 sq. ft. in excess of 100,001 5/first 500,001 sq. ft.+ 1/each additional 100,000: sq. ft. in excess of 500,001 sq.f ft. SECTION 18.14. MINIMUM NUMBER OF LOADING SPACES REQUIRED. Industrial, wholesale and retail operations shall provide space as follows: (1) Offs street loading spaces shall be provided as appropriate to the functions and scope of (2) Offstreet loading spaces shall be designed and constructed so that all maneuvering top park and unpark vehicles for loading and unloading can take place entirely within thej property lines oft thej premises. Loading spaces shall be provided so as not toi interfere with the free, normal movement of vehicles andj pedestrians on public right-of-ways. (3) Ingress and egress to off-street loading spaces shall conform to driveway entrance operation ofindividual or groups of buildings and uses. regulations of the city. ARTICLE XIX. SIGN REGULATIONS For sign regulations, please refer to' Title 8, Chapter 6, Article E of the City Code for the City of Camilla. 116 ARTICLE XX. ADMINISTRATION AND ENFORCEMENT SECTION 20.01. ENFORCEMENT. The building inspector shall enforce this chapter, and is hereby given the authority and responsibility to enforce all provisions of this chapter under the direction of the city managerwhich (1) Tos serve as al liaison between the Camilla planning commission and the mayor and council (2) Tos serve as al non-voting ex officio member of the Camilla planning commission toj provide (3) To maintain in at timely and current manner the official: zoning map: reflecting thereon any and all rezoning amendments approved by mayor and council.. Amendments of the official zoning map willl be recorded by the building inspector within seven calendar days following (4) Toperform any other zoning duties as directed by mayor and council and city manager. includes but is not limited to the following duties: keeping each body advised of pending actions pertaining to: zoning. technical assistance in matters relating to zoning requests. approval ofs such action by mayor and council. SECTION 20.02. PERMITS. The following shall applyi in the issuance of any permits: (1) Permits required. It shall be unlawful for any person to commence excavation for, or construction ofanyl building structure, or moving ofa any existing building without first obtaining a building permit from thel building inspector. Noj permit shall be issued for the construction, alteration or remodeling ofa any building or structure until an application has been submitted in accordance with thej provisions oft this chapter, showingt that the construction proposed isi in compliance with thej provisions of this chapter and with the Noj plumbing, electrical, drainage or other permit shall bei issued until thel building inspector has determined that the plans and designated use: indicate that thes structure and premises, ifconstructed as planned and proposed, will conform to the provisions of this chapter. building code. SECTION 20.03. CERTIFICATES OF OCCUPANCY. 117 It shall be unlawful to use or permit the use of any land, building or structure for which al building permit is required, and to use or permit tol be used any building or structurel hereafter: altered, extended, erected, repaired, or moved, until the building inspector hasi issued a certificate of occupancy stating that the provisions oft this chapter have been complied with. (1) Certificate validity. The certificate of occupancy as required for new construction of, or renovations to existing buildings and structures, in the building code, shall also constitute (2) Certificates for existing buildings. Certificates of occupancy shalll bei issued for existing buildings, structures or parts thereof, or such use ofl land, arei in conformity with the (3) Temporary certificates. Temporary certificates of occupancy may be issued for aj part ofa building or structure prior to the occupation oft the entirel building or structure, provided that such temporary certificate of occupancy shall not remain in force more than six months, nor more than five days after the building or structure is fully completed and ready for occupancy: and, provided further, that such portions oft the building or structure arei in (4) Records of certificates. A record ofa all certificates of occupancy: shall bel kepti in the office of the building inspector, ,and copies ofs such certificates of occupancy shalll be furnished upon request to aj person or persons havinga a proprietary or tenancyi interest in thej property (5) Certificates for accessory buildings to dwellings. Accessory buildings or structures to dwellings shall not require: a separate certificate of occupancy, but rather may bei included in the certificate of occupancy for thej principal dwelling, building or structure on the same lot when such accessory buildings or structures are completed at the same time as the (6) Application for certificates. Certificates of occupancy shall be applied for coincident with the application fora al building permit and shall bei issued within ten days after the erection or alteration of such building shalll have been completed in conformity with the provisions and requirements oft this chapter. Ifsuch certificate is refused for cause, the applicant therefore certificates of occupancy as required by this chapter. provisions ofthis chapter. conformity with the provisions of this chapter. involved. principal use. shall be notified of such refusal and the cause thereofwithin ten days. SECTION 20.04. FEES. Fees fori inspections and thei issuance of permits or certificates or copies thereof required or issued under the provisions oft this chapter shall be collected by thel building inspector in advance oft the issuance ofs such permits or certificates. 118 The amount of such fees shalll be established by the city council, from time to time, and shall cover the cost ofi inspection and supervision resulting from the enforcement of this chapter. The fees shall be deposited with the city clerk. SECTION 20.05. AMENDMENTS. The city council oft the City of Camilla may amend, supplement or change the regulations oft the district boundaries oft this chapter as established herein. Thej procedure for submitting al request for an amendment to thez zoning ordinance text or district boundaries oft the official zoning map shall be (1) The applicant fort the amendment may be owner or agent of the owner oft thej property to be affected by the: amendment or the planning commission of the City of Camilla or the mayor and council oft the City of Camilla. The applicant shall complete and submit to the city clerk the: application fort the: amendment notl less than 15 days before the next scheduled planning (2) At the time of application submittal, the applicant shall deposit the appropriate feea amount with the city clerk to cover the cost of processing the application. (3) Within ten days of the next scheduled planning commission meeting, the: zoning administrator shall compile all oft the rezoning requests for the next scheduled meeting. This agenda shall be mailed to all planning commission members. as follows: commission meeting. ARTICLE XXI. ZONING POLICIES AND PROCEDURES SECTION 21.01. GENERAL CONDITIONS. These regulations, including the official zoning maps, may be amended by the city council: (1) On its own motion, (2) Onj petition, or (3) Onr recommendation of the planning commission, but no amendment shall become effective unless it shall have been submitted to thej planning commission for review and recommendation. The following policies and procedures are herein established toj provide guidelines for the following activities. (1) The: adoption ofa new zoning ordinance; 119 (2) The: adoption of an amendment to the: zoning ordinance which changes the text oft the (3) The: adoption of an amendment to the: zoning ordinance which rezones property from one (4) The adoption of an amendment to the: zoning ordinance which zones property to be ordinance; zoning classification to another (Map Amendment); annexed into the City of Camilla; and (5) The grant ofaj permit relating to: a conditional use. Applications for amendment of this ordinance may bei made int the form of! proposals for amendments oft the text oft this ordinance, or proposals fora amendment oft the: zoning map, or proposals for conditional uses. Applications for amendment shall be on forms provided by the planning director or his designee, shall be submitted to the planning director orl his designee, and Applications shall be submitted by the first Friday ofe each month, as an established submittal deadline in order for the: application tol be reviewed by the planning commission the following month. Only completed applications willl be accepted by the established submittal deadline. Any required site plans are due atl least ten (10) days prior to the established planning commission Noa application fora a zoning change affecting the same parcel of property or part thereof previously defeated shalll be accepted by the planning director or his designee until the expiration of at least six months immediately following the defeat oft the rezoning request by the city council. Application forms shall be obtained from thej planning director or his designee.. All applications shall include ai fee as established by the city council to defray expenses. meeting date. shall include but not be limited to the following: (1) The: street address and location of the: subject property. signature ofi registered surveyor and registration number. (2) Al legal survey plat of the property in question including al locator map. Plat must include (3) The present: zoning classification and the proposed zoning classification for the subject (4) All applications shall be signed by the owners or authorized agent authorization must be on file) and include the name and address, and daytime phone number oft the owner or (5) The area ofl land proposed tol be rezoned shall be stated in acres to the nearest hundredth of (6) The application file number, date of application, and action taken on all prior rezoning for property. authorized agent. an: acre. all or aj part oft the subject property. 120 (7) In the case ofaj proposed official zoning map: amendment or proposed text amendment, the application shall include a written analysis of thei impact oft the proposed rezoning or text amendment with respect to each oft the zoning criteria set forthi in section 21.05(1). (8) In the case ofaj proposed text amendment, the application also shall set forth the new text to (9) Int the case ofaj proposed conditional use, the application shall set forth the existing and proposed use, and: shall includea a written analysis demonstrating compliance oft the proposed use with the conditional use criteria set forth ins section 3.14(3), as well: as details be: added and the existing text tol be deleted. ofoperations regarding such proposed use. SECTION 21.02. REFERRAL OF THE PLANNING COMMISSION. The planning commission shall hold aj properly advertised public hearing pursuant to the procedures herein and review each application in light oft the comprehensive plan, the futurel land use map, the: zoning criteria, and other facts presented at their meeting and issue a finding which recommends 'approval", "approval with conditions", or' "denial" oft the: application. Thel Planning Commission may recommend that conditions be attached tot the proposal, such as specific site plans orwritten requirements fora aj particular use and its development, when appropriate to mitigate impacts oft thej proposal on surrounding properties consistent with the purposes of the Zoning Code and the Comprehensive Plan. The planning director, or his designee, will prepare a report on each application to assist the planning commission int their decision making process. The report shall address the application, other materials ofi record, the criteria applicable to the type of application requested, and the comprehensive plan and future land use plan. The planning commission finding shall bet forwarded as a recommendation to the city council. Ifa quorum of thej planning commission is present and fails to take action at the: advertised publicl hearing, it will be forwarded to the city council with no recommendation. The minutes oft the planning commission meeting, as well as the: staff report and other documents of record, will be given to the city council so that they may take into account alli issues that were raised. SECTION 21.03. NOTICE OF PUBLIC HEARING. (1) Posting ofp property. Not less than 15 days nor more than 45 days prior to the date set for thej publicl hearings before the planning commission and the city council on any application for al map amendment initiated by anyone other than thel local government, thej planning director shalll have erected at least one: sign, of no less than 17i inches by 24 inches, fore every public road frontage the subject propertyl has. Ifr noj public road abuts thereon, then such sign shall be erected along the nearest opened, publicr right-of-way. Signs shall be erected in such a manner as may be most readily seen by the public. Each sign shall show the application file number, the present zoning classification, the proposed zoning classification, thes scheduled date, time, and place of publicl hearings, and the telephone number and contact to call for further information. Each notification sign shall be maintained at allt times 121 by the planning director or his designee until a decision has been made by the city council, (2) Newspaper advertisement. Not less than 15 nor more than 45 days prior tot the scheduled date of the public hearings before the planning commission and city council, notice shall be published in a newspaper of general circulation within the City of Camilla for map amendments, text amendments, and conditional uses. The notice shall include the time, place, and purpose oft the hearing. Ift the: zoning action for a map amendment isi initiated by a party other than thel local government, said notice shall also include thel location of the property, the present zoning classification, and thej proposed zoning classification oft the (3). Annexation procedures. Ifthe proposed zoning is fora ai map amendment: for property tol be annexed into the City of Camilla, thej procedures set forth in O.C.G.A. section 36-66-4(d),as then removed. property. amended, shalll be followed. SECTION 21.04. PUBLICI HEARING PROCESS. (1) Notice to interested, parties. A notice shalll be delivered tot the applicant, of the date, time, and place of! hearings. All application files shall be placed int the custody oft thej planning department and: shall be open to public inspection during regular office hours. (2) Hearing procedure. Upon the completion ofa a rezoning application, conditional use permit or the draft ofa a text amendment, publicl hearings willl bes scheduled by the Planning Director or designee before the planning commission and the city council respectively. Notice ofs said hearings shall be as provided herein. Printed copies oft the policies and procedures governing calling and conducting of these public hearings shall be available for distribution (a) All public hearings on zoning matters shall be placed on thej planning commission/city council's agenda under a section entitled "Public Hearings".After ani initial presentation ofas specificzoning request to the planning commission/city council by the designated planning staff, citizen comments willl be heard in an orderly fashion. The planning commission/city council's chairman or designated representative will ask for those citizens speaking in favor of the request first, including the applicant, followed by those opposed to thei issue. (b) Citizens shall be allowed ai minimum time period tol be no less than ten minutes per side for presentation of data, evidence, and opinions by proponents ofe each zoning decision and fort thej presentation by opponents of each proposed: zoning decision. When there isa a large number of citizens wishing to testify at a given hearing, the presiding officer may invoke time limitations on individual speakers; however, the time limitation is not to bel less than ten minutes per side. In such cases, these time to the general public. limits shall apply to all speakers. 122 (c) Citizens shall address their comments to the presiding commission as a whole. Individual attacks or cross-examination of commission/counci. members, city (d) Aftera all citizen comments have been received, further discussion oft the specific application is reserved for thej planning commission/city council." The commission/counct. has the privilege to ask any questions ofs staff or any citizen (e) Ifthe planning commission is presiding over thel hearing they may then vote on the application forar map, conditional use or text amendment and forward their recommendation tot the city council. Failure oft the planning commission to take action will result in no recommendation being forwarded to the city council. employees, or other citizens will be ruled out of order. present for clarification. (3) Pursuant to O.C.G.A.S .$36-67A-3, as amended, all speakers shall be required to provide names and addresses for thej public record and: signa a' "campaign disclosure form".This form requires allt those: speaking ini favor of, or in opposition to: a rezoning disclose whether they have made campaign contributions aggregating $250.00 or more to any member oft the city council within the past two years. Such disclosure shall include the name ofthe councimember(s), the dollar amount, description, and date of each: such campaign (4) Public hearings records: standards. Thej planning commission secretary and city clerk shall mechanically record the proceedings oft their respective publicl hearings.I If requested by any party,V verbatim transcripts oft the public hearing can be] prepared, but onlyi if requested and purchased in advance by the requesting party. Recorded tapes of publicl hearings shall be kept secure and not erased for one. year fromi the date of the public hearing. A summary of the proceedings ofe each meeting willl be made available to thej public within two working days after the meeting. The record oft the public hearing and all evidence (e.g, maps, drawings, traffic studies, etc.) submitted at thej public hearing shall be noted as such and shall become aj permanent part of thej particular zoning amendment's file. contribution. SECTION 21.05. STANDARDS FOR EXERCISE OF ZONING POWERS. In order toj provide for the public health, safety, morality, and general welfare of the citizens oft the city, the following: zoning criteria are established for all map amendments and text amendments. The criteria for conditional use] permits are set forth ins section 3.14. Copies oft these standards and thosei in section 3.14: shall be printed and made available for distribution to the general public. The following criteria, the: staff report, the recommendation of the planning commission, the record presented and any other factors relevant to balancing the above stated publici interest, shall be considered by the city council ini making anyz zoning decision for map amendments and text amendments. In: addition, the city council may require that conditions be attached to thej proposal, such as specific site plans or written requirements for aj particular use andi its development, when 123 appropriate to mitigate impacts of thej proposal on surrounding properties consistent with the purposes of the: zoning code and the Comprehensive Plan. (1) Zoning criteria. (a) Existing uses and zoning ofr nearby property. (b) The extent to which property values are diminished by the present zoning (c) The extent to which the destruction of property values, resulting from existing zoning ofs specific parcels promotes thel health, safety, morals or general welfare of (d) The relative gain to thej public, as compared to thel hardship imposed upon the individual property owner by the proposed zoning classification. (e) The suitability oft the: subject property for the zoning purposes as proposed. () Thel length oft time the property has been vacant under the present zoning classification, considered in the context ofl land development in the areai int the (g) Conformity with or divergence from the city's comprehensive plan. restrictions. the public. vicinity of thej property. ARTICLE XXII. BOARD OF ZONING. APPEALS. SECTION 22.01. CREATION OF BOARD OF ZONING APPEALS. There is hereby established al board ofzoning appeals which: shall perform its duties and exercise its powers as provided herein. The board shall present its duties in such a wayt that the objectives of this chapter shalll be observed, public safety secured, and substantial justice done. SECTION 22.02. MEMBERSHIP, AND. APPOINTMENTS. The Camilla board of appeals, hereinafter referred to as thel board shall consist of five members. Members shall be appointed by the mayor and city council. None oft thel board members shall hold any otherp public office, except that one: member may be a member oft the planning commission. Board members shalll be removed for cause, upon written charges, and after public hearing. Any member of thel board shall be disqualified to: act upon ai matter before thel board with respect to property in which the member has an interest. 124 SECTION 22.03. TERM OF OFFICE. The term of office fore each member oft the board shall be for three years, however, int the appointment oft the first board, two members shall be appointed fort three years and two for two years and one for one year. Any vacancy in the membership shalll be filled for the unexpired term in the same manner: as thei initial appointment. If one appointee be from the planning commission: and he ceases tol be a member of said planning commission during the term of! his appointment tot the board, his membership on thel board shall terminate and the governing: authority may namea a member ofs said planning commission to fill the unexpired term ofi its original appointee. SECTION 22.04. COMPENSATION. Thel board members shall receive no compensation for their service except that they will be reimbursed for out-of-pocket expenditures made in connection with their duties. SECTION 22.05. RULES AND PROCEDURES. The board shall elect one ofi its members as chairman, who shall serve: for one. year or until hei is reelected or his successor: is elected. The board of appeals shall appoint a secretary who may be an officer of the City of Camilla, or oft the planning commission. Thel board shall have authority to adopt rules of procedure. Meetings of the board shall bel held at the call oft the chairman, ori in his absence, the: acting chairman. The chairman, or the acting chairman may: administer oaths and compel the attendance of witnesses bys subpoena. Thel board shall keep minutes ofi its proceedings, showing the vote of each member upon each question, ori ifabsent or failing to vote, indicating such fact and shall keep records ofi its examinations and other official actions, all of which shall bei immediately filed in the office ofs said board and shall be aj public record. The decisions of the board shall bel by resolution, which resolution shall contain a statement of the grounds of its decision or action. The full text oft the resolution shall be sent to the appellant. No appeal requesting the: same reliefi in regard to the: same property shalll be received or heard by thel board for aj period of12 months following the date ofs said resolution, except that this limitation shall not affect the right of said board to grant a rehearing as provided in the rules of procedure adopted by said board. SECTION 22.06. ADMINISTRATIVE/ ASSISTANCE. The city manager shall provide such technical, administrative, and clerical assistance and office space as is required by thel board to carry outi its function under the provisions oft these regulations. SECTION 22.07. MEETINGS. All meetings of thel board shall bel held at the call oft the chairman or, in his absence, the acting chairman and at such times as thel board may determine.. All meetings oft the board shall be open to the public. Thel board shall keep minutes of its proceedings showing the vote of each member on each question, ori ifabsent or failingt to vote, indicating such fact, and shall keep records on its 125 findings, proceedings at hearings, and other official actions, all of which shalll bei immediately filed Thel board shall have the power to subpoena and require the: attendance ofv witnesses, administer oaths, compel testimony, and the production ofl books, papers, files, and other evidence pertinentto int the office of the city manager and: shall be: aj public record. the matters before it. SECTION 22.08. APPEALSAND REVIEW. An appeal by aj person, firm, or corporation, or by any officer, department, board or bureau may be taken to the planning commission, where iti is alleged that there is an errori in any order, requirement, decision or determination made by the office of the: zoning administrator or other administrative official in the enforcement and interpretation of this chapter. Such appeals shall be made within 30 days oft the administrative action by filing with the City of Camilla Zoning The zoning administrator shall then transmit to the planning commission all of the papers constituting the record upon which the action appealed was taken. The appeal shall stay all proceedings in furtherance of the action, appealed from unless the zoning administrator certifies to the planning commission that after the notice of appeal has been filed, that by reason oft the facts stated in the notice, a stay would int the: zoning administrator's opinion, cause immediate perilt to life or property, in which case the proceedings shall not be stayed, other than by a restraining order, Thej planning commission shall fix a reasonable amount oft time for thel hearing of an appeal and shall give due notice to thej parties concerned including all landowners within 300 feet oft the premises in question. Such notice shall be delivered personally or by mail addressed tot the respective owners at the: address given on the last assessment roll. Thej planning commission: shall decide the appeal within al reasonable period oft time with regard to the purpose oft the ordinance. Administrator a notice ofappeal specifying the grounds thereof. granted by a court of record. Upon thel hearing, any party may appear inj person or through an agent. SECTION 22.09. FEE FOR. APPEALS. A feei in the required amount shall be paid tot the city clerk at the time notice of the appeal is filed, unless payment of such fee is waived by the general rules adopted by the board. SECTION 22.10. POWERS OF BOARD OF ZONING APPEALS CONCERNING VARIANCES. Thel board, as herein created, is al body ofl limited powers. Thel board shall have the following specific powers and duties: (1) Purpose. 126 (a) Tol hear and decide appeals where iti is alleged there is errori in any order, requirement, decision, or determination made by an administrative official in the (b) To: authorize upon appeal in specific cases such variance from the terms oft the chapter as will notl be contrary to thej publici interest where, owing tos special conditions, al literal enforcement of thej provisions oft the chapter will, in an individual case, result in unnecessary hardship sO that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done. Such variance may be granted in such individual case ofunnecessaryl yhardship upona enforcement of this chapter. finding by the board ofappeals that: () There are extraordinary and exceptional conditions pertaining tot the particular piece of property in question because of its size, shape, or (ii) The application of this chapter to this particular piece of propertywould (iii) Such conditions are peculiar to the particular piece of propertyinvolved, (iv) Relief, if granted, would not cause. substantial detriment tot the public good or impair the purposes and intent of this chapter, provided, however, that no variance may be granted for a use of land or building or topography; and create an unnecessary hardship; and and not of the making oft the applicant. structure that is prohibited by this chapter. Ine exercising the above powers, the board of appeals may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirements, decision, or determination, and to that end: shalll have all the powers of the officer from whom the appeal is taken in relation to this chapterand may issue or direct the issuance ofaj permit. (2) Authorization. In hearing and deciding appeals, the board shall have the authority to grant such variances therefrom as may bei in harmony with their general purpose and intent, sO that the function oft this chapter be observed, public safety and welfare secured, and substantial justice done, including the following: (a) Interpret the provisions of the chapter in such a way as to carry outt thei intent and purpose of the plan, as shown upon the: zoning map fixingt the use districts, accompanying and made part of this chapter, where street layout actually on the ground varies from the street layout as shown on the map aforesaid. In case ofany question as to thel location of any boundary line between zoning districts thel board shall interpret the: zoning map after recommendation from the planning commission. 127 (b) Permit the erection and use ofal building or use ofp premises for public utility purposes upon recommendation oft the planning commission. (c) Permit the modification of the off-street automobile parking space or loading space requirements where, in the particulari instance, such modifications will notl be inconsistent with thej purpose and intent ofs such requirements. (d) Permit such modification oft the height and areal regulations as may be necessary to secure an appropriate improvement ofal lot which is ofs such shape or so located with relation to surrounding development or physical characteristics thati it cannot otherwise be appropriately improved without such modification. (e) Permit temporary buildings and uses for periods not to exceed six months. () Establish performance bonds to ensure compliance of any requirement which may (3) Application. The concurring vote oft two-thirds (2/3) of the members oft the board shall be necessary to reverse any order,requirements, decision or determination oft thel building inspector ini favor oft the applicant in any matter upon whichi it is authorized by this chapter Thej power ofa authority to alter or change the: zoning ordinance or the zoning map is reserved tot the city council in the manner hereinafter provided byl law. (4) Standards. In consideration ofa all appeals and all proposed variations to this chapter, the board shall, before making any variations from the chapter in a specific case, first determine that thej proposed variation complies with the conditions setf forth in section 22.10(1)(b) of (a) The proposed use will be ofsuch location, size and character thati it will be in harmony with the appropriate and orderly development oft the surrounding (b) The proposed use will be ofa a nature that will make vehicular and pedestrian traffic no more hazardous than is normal for the district involved, taking into consideration vehicular turning movements in relation to routes oftraffic flow, proximity and relationship to intersections, adequacy ofs sight distances, location and access of off-street parking and provisions for pedestrian traffic, with particular attention to minimizing child-vehicle contacts in residential districts. (c) The location, size, intensity, site layout and periods of operation of any such proposed use will be designed to eliminate any possible nuisance emanating therefrom which might be noxious to the occupants of any other nearby permitted uses, whether by reason of dust, noise, fumes, vibration, smoke or lights. be deemed necessary for approving any variance. torender a decision. this section; and in addition meets the following general standards: neighborhood. 128 (d) Thel location and height of buildings or structures and thel location, nature and height of walls and fences will be such that thej proposed use will not interfere with or discourage the appropriate development: and use of adjacent land and buildings oru unreasonably affect their value. (5) Conditions. Thel board of zoning appeals, acting on any appeal in connection with a request for waiver, may attach any conditions toi its approval which it finds necessary to accomplish the reasonable. application oft the foregoing standards. Ine exercising the above powers, thel board may reverse or affirm wholly or partly, or modify the order,requirement, decision, or determination appealed from, and may make such order, requirement, decision or determination as ought tol be made, and tot that end shall have allt the powers oft the building inspector from who the appeal is taken in relation tot this chapter. SECTION 22.11. NOTICE OF HEARING. Thel board ofzoning appeals in conducting any public hearing shall fix a reasonable time for the hearing oft the appeal and shall give due notice to thej parties concerned including all owners of record of property and residence within 300 feet oft the premises in question. Such notices shall be delivered personally or by mail addressed to the respective owners at the: address given on thel last assessment roll. Thel board shall decide the appeal within a reasonable period oft time. Upon the hearing, any party may appear in person or by agent. SECTION 22.12. APPROVAL PERIOD. No order oft thel board permitting the erection or alteration ofal building shall be valid for a period longer than six months unless such usei is established within such period; provided, however, that where: such use permitted is dependent upon the erection or alteration ofal building, such order shall continue in force and effect ifal building permit for said erection or alteration is obtained within such period, and: such erection ora alteration is started and proceeds to completion in accordance with such permit. 129