In Banks County, Georgia, the number of dogs a person may own depends on the zone in which the person's property is located. The following ordinances indicate the zones and the numbers, as well as provide additional restrictions on dogs located within certain zones.
Chapter 14 - ANIMALS. ARTICLE III: DOMESTIC ANIMALS
Sec. 14-33 . - Permitted number of adult dogs and regulations for confinement of adult dogs located on property in R-I and R-II residential zoning districts.
Sec. 14-34. - Permitted number of adult dogs and regulations for confinement of adult dogs located on property in the ARR, agricultural-rural residential district and CAD, commercial agricultural district.
APPENDIX A - ZONING.
ARTICLE III. - DEFINITIONS OF TERMS
Section 301. - Definitions.
TITLE V. - CAD, CONSOLIDATED AGRICULTURAL DISTRICT-INTENSIVE
Section 501. - Purpose and intent.
Section 502. - Permitted uses.
Section 503 . - Conditional uses.
ARTICLE VI. - ARR, AGRICULTURAL-RURAL RESIDENTIAL DISTRICT
Section 601 . - Purpose and intent.
Section 602. - Permitted uses.
Section 603. - Conditional uses.
ARTICLE VII(A). - R-1, SINGLE-FAMILY RESIDENTIAL DISTRICT
Section 701(A). - Purpose and intent.
Section 702(A). - Permitted uses.
Section 703(A). - Conditional uses.
ARTICLE VII(B). - R-2, RESIDENTIAL-MULTIFAMILY DISTRICT
Section 701(B). - Purpose and intent.
Section 702(B). - Permitted uses.
Section 703(B). - Conditional uses.
Section 704(B). - Special application requirements.
Chapter 14 - ANIMALS. ARTICLE III: DOMESTIC ANIMALS
Sec. 14-33. - Permitted number of adult dogs and regulations for confinement of adult dogs located on property in R-I and R-II residential zoning districts.
(a) If a person's property is located in the R-I or R-II residential zoning districts of Banks County, the person shall not raise on his/her property, at any one time, more than four adult dogs; and
(b) If a person's property is located in the R-I or R-II residential zoning districts of Banks County, all of the adult dogs living on the person's property shall not be allowed to freely roam the property. Such adult dogs shall be confined on the person's property in a pen, structure, or otherwise.
(Ord. No. 2004-17, § 1(Exh. A), 7-13-2004)
Sec. 14-34. - Permitted number of adult dogs and regulations for confinement of adult dogs located on property in the ARR, agricultural-rural residential district and CAD, commercial agricultural district.
(a) If a person's property is located in the ARR or CAD zoning districts of Banks County, Georgia, the person may allow up to four adult dogs to freely roam on the person's property.
(b) If a person's property is located in the ARR or CAD zoning districts of Banks County, Georgia, and if the person is raising, housing, breeding, boarding or training more than four adult dogs, but not more than 12 adult dogs and not for the primary purpose of generating income or revenue, the adult dogs must be confined in a kennel and shall not be allowed to freely roam the person's property.
(c) If a person's property is located in the ARR or CAD zoning districts of Banks County, Georgia, and if the person is raising, housing, breeding, boarding or training more than 12 adult dogs, the adult dogs must be confined in a commercial kennel and shall not be allowed to freely roam the person's property.
(d) If a person's property is located in the ARR or CAD zoning districts of Banks County, Georgia, and if the person is raising, housing, breeding, boarding or training more than four adult dogs, but not more than 12 adult dogs for the primary purpose of generating income or revenue, the adult dogs must be confined in a commercial kennel and shall not be allowed to freely roam the person's property.
(e) If the commercial kennel has dog runs or fenced areas, the adult dogs shall be inside the commercial kennel from 9:00 p.m. to 7:00 a.m., eastern time.
(Ord. No. 2004-17, § 1(Exh. A), 7-13-2004)
ARTICLE III. - DEFINITIONS OF TERMS
When used in these regulations, the following words and phrases shall have the meaning given in this article. Terms not herein defined shall have their customary definitions where not inconsistent with the context. The term "shall" is mandatory. When not inconsistent with the context, words used in the singular number include the plural and those used in the plural number include the singular. Words used in the present tense include the future.
Accessory building or use: A building or use which is subordinate to and serves a principal building or principal use; is subordinate in area, extent, or purpose to the principal building or use served; contributes to the comfort, convenience or necessity of occupants of the principal building or principal use; and is located on the same lot as the principal building or principal use.
Adult dog means a dog at least one year of age.
Agriculture: The use of land for agricultural purposes, including the raising of crops and livestock, dairying, pasturage, horticulture, floriculture, viticulture, animal and poultry husbandry, forestry and other similar enterprises or uses.
Airport: Any area of land, water or mechanical structure which is used for the landing and take-off of aircraft, including any appurtenant structures and areas which are used or intended to be used for airport buildings, other airport facilities, rights-of-way or easements.
Alteration: Any change in the structural components of a building, any modification or change in construction, any addition that changes the area or height, any change in use of or movement of a building from one location to another, or any change in the amount or volume of space used for any activity.
Ambient noise: The all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources, near and far.
Barn: A farm building used to store farm products or shelter livestock.
Bed and breakfast inn: A building wherein lodging or lodging and breakfast are provided to guests for compensation and where the operator of the bed and breakfast lives on the premises.
Boardinghouse: A building where, for compensation, both lodging and meals are provided for persons, provided that a single-family dwelling shall not be deemed to be a boardinghouse by reason of a contribution to or expense sharing arrangement with the owner or tenant occupying the dwelling by a person related by blood or marriage.
Buffer, opaque vegetative: An evergreen buffer of shrubbery, such as Holly or Leyland Cypress that when mature, has a minimum height of six feet. When planted, the distance between the shrubs shall be sufficient to create a solid opaque barrier when mature. Plants must reach a height of six feet within two years of planting. The owner shall be responsible for all maintenance of the vegetative buffer, to include replacement of plants if necessary, and to ensure continual compliance with height requirements.
Buffer, opaque fence: An opaque fence shall be a wall or fence, solid in appearance of either wood, stone, brick, vinyl or stucco. Neither a chain-link fence nor a chain-link fence with metal slats, qualifies as an opaque fence. The fence or wall must have a minimum height of six feet. The owner shall be responsible for all maintenance of the fence or wall.
Building: Any structure, either temporary or permanent, above or below ground, having a roof or other covering, and designed, built or used as a shelter or enclosure for persons, animals, property, or waste of any kind, or similar structures used for purposes of a building as defined herein.
Building official: The primary employee or his/her designee who is designated by the board of commissioners to administer and enforce its building code and related regulations.
Building, principal: A building or structure in which is conducted the primary use of the property on which the building or structure is located.
Building setback line: A line establishing a minimum allowable distance between the wall of a building, including any covered porches, and the street right-of-way or property line when measured perpendicularly thereto. In the case of corner lots or double frontage lots, front yard requirements shall be observed for those areas adjacent to street rights-of-way.
Bulk: A term used to describe the size and shape of a building or structure and its relationship to other buildings, to the lot area for a building and to open spaces and yards.
Cemetery—Family plots: Family plots are burial grounds restricted to members of the family owning the lot on which the cemetery is located. Family plots shall be located only on lots of two acres or greater. For the purposes of this section, "family" shall be defined as family within the fourth degree of civil reckoning from the property owner.
Cemeteries: Cemeteries are burial grounds, generally where multiple burial plots are sold or provided for burial of persons beyond the immediate family. All cemeteries must be located on a lot of at least five acres.
Certificate of occupancy: A legal statement or document issued by the building official indicating that the building and use or reuse of a particular building or land is in conformity with all applicable codes and regulations, and that such building or land may be occupied for the purpose stated therein.
Club: A building or facility owned or operated for social, educational, or recreational purposes, but not for profit or other purposes that is customarily undertaken for monetary gain.
Commercial kennel means an enclosed structure with sound proof walls used for the raising, housing, breeding, boarding or training of more than four adult dogs primarily for the purpose of generating income or revenue; or an enclosed structure with sound proof walls used for the raising, housing, breeding, boarding or training of more than 12 adult dogs, and not primarily used for the purpose of generating income or revenue.
Compatibility: The characteristics of different uses or activities that permit such uses or activities to be located near each other or otherwise co-exist in harmony and without conflict. Some elements affecting compatibility include but are not limited to: intensity of occupancy as measured by dwelling units per acre or gross square footage per acre; pedestrian or vehicular traffic generated; volume of goods handled, such environmental effects as noise, vibration, odor, glare, air pollution, water pollution or radiation; and the effects of uses on the value of other property.
Comprehensive plan: Those coordinated plans or portions thereof which have been or may hereafter be prepared by or for the governing body for the physical development of the jurisdiction; or any plans that designate plans or programs to encourage the most appropriate use of the land in the interest of public health, safety and welfare.
Conditional use: A use that would be appropriate only with specified restrictions throughout a zoning district and that is not automatically permitted by right within a zoning district, but that may be permitted within a zoning district subject to meeting specific conditions contained in these regulations or otherwise required by the governing body. Such uses shall be permitted only if approved in advance by the governing body in accordance with the regulations established herein as evidenced by the issuance of a conditional use permit.
Conditional use permit: The permit issued as a precondition to allowing any conditional use in a zoning district.
Conditional zoning: The granting or adoption of zoning for property subject to compliance with restrictions as to use, size, density or actions stipulated by the governing body to mitigate adverse impacts that are anticipated without imposition of such conditions.
Condominium (residential building): A building or complex of multiple-dwelling units in which each unit is owned individually by separate owners with the common areas jointly owned by the owners of the units.
Contractor's establishment: A building, structure or use involved in construction activities, including but not limited to, plumbing, electrical work, building, paving, carpentry and other such activities, including the storage of materials and the overnight parking of vehicles related to such establishments.
Convenience store: A retail store, which sells convenience items. A convenience store may include the sale of gasoline, propane, kerosene and diesel fuel.
Conversion: Any change in the original use or purpose of a building or lot to a different use.
Day care center: A child care facility, pre-kindergarten, play or other special school for young children (other than at public or private elementary schools) providing, for compensation, care and maintenance to seven or more children under age 17 for a period of 12 hours or less, typically during normal daytime hours. A day care center of six children or less is considered to be a home occupation.
Density: The number of dwelling units developed, or to be developed, per gross acre of land, or the gross square footage of a building, other structure or use per acre of land.
Development: Any manmade change of improved or unimproved real estate including, but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
District, zoning: A geographical area or areas, designated with the use of symbols on the official zoning map, wherein uses of land are restricted in type, size, height and other limitations as established in these regulations.
Dormitory: A building that is owned and/or operated by an educational institution, the primary purpose of which is to provide living accommodations for individuals associated with the institution, but which does not include individual kitchen facilities.
Dwelling: A building designed, arranged or used for permanent living, and/or sleeping quarters for persons.
Dwelling unit: A building, or portion thereof, designed, arranged or used for living quarters for one or more persons living as a single housekeeping unit using the same cooking facilities, but not including units in hotels or other structures designed for transient residence.
Dwelling, multifamily: A structure under single ownership designed for or occupied by three or more dwelling units. Multi-family dwellings do not include motels, hotels, lodging houses, hospitals, nursing homes, or public institutions such as prisons and mental institutions.
Dwelling, single-family: A completely free-standing residential building, occupying its own structure from ground to roof, designed for or occupied exclusively by one family and meeting or exceeding the local building code for on-site construction, and separated from other single-family detached dwellings by yards. For regulatory purposes, a single-family dwelling is not to be construed to include manufactured homes or mobile homes or portable housing for recreational or other temporary use or a single-family attached dwelling.
Dwelling, two-family (duplex): A dwelling designed or arranged to be occupied by two single housekeeping units living independently of each other.
Family: An individual, or two or more persons related by blood, marriage, adoption or guardianship, or a group of not more than four unrelated persons, occupying a single dwelling unit and using the same cooking facilities. For purposes of this ordinance, family may include five or fewer foster children placed in a family foster home licensed by the State of Georgia, but shall not include fraternities, sororities, rooming houses or boardinghouses, nursing homes, or rest homes.
Farm: An area of land principally devoted to agriculture.
Farm supply store: An establishment engaged in the retail sale of animal feeds, fertilizers, agricultural chemicals, pesticides, seeds and other such farm supplies.
Flea market: The use of land, structures or buildings for the sale of goods which are principally used or second-hand goods.
Garage: An accessory building or portion of a principal building used only for the private storage of motor vehicles and other personal property as an accessory use.
Governing body: The Board of Commissioners of Banks County, duly elected by the citizens within the jurisdiction.
Grade is defined as the average elevation of the ground on all sides of a building.
Guest house: A lodging unit for temporary guests in an accessory building. No such lodging unit shall contain independent cooking or kitchen facilities and shall not be rented or otherwise used as a separate dwelling.
Height, building: The vertical distance measured from the grade to the highest point of the coping of a flat roof; to the decklines of a mansard roof; or to the mean height level between the eaves and ridge of a gable, hip or gambrel roof.
Home occupation: Any use, occupation or activity conducted on the same lot as a dwelling by the residents thereof, which is clearly incidental and secondary to the use of the dwelling for residence purposes and does not change the character thereof, and in connection with which there is no display, no stock-in-trade nor commodity sold or stored on the premises; and where only those persons residing on the premises and not more than one outside employee are employed specifically in connection with the home occupation.
Inoperable vehicle: Any motorized vehicle, other than those vehicles temporarily disabled, incapable of immediately being driven. Any motorized vehicle designed for use on a public road without a current vehicle registration tag shall be considered an inoperable vehicle.
Junk/salvage yard: Any property involving the abandonment, parking, storage or disassembly of junked or inoperable vehicles or junked machinery, or the abandonment, storage, sale, or resale of used auto parts, tires, scrap iron, metal, used plumbing fixtures, old stoves, refrigerators and other old household appliances, used brick, wood, or other building/structural materials, used paper, rags or other scrap materials.
Kennel means a structure or enclosure used for the raising, housing, breeding, boarding or training of more than four adult dogs, but not more than 12 adult dogs, and not primarily used for the purpose of generating income or revenue.
Lagoon, animal waste: A shallow body of liquid waste material.
Landfill, construction and demolition waste: A landfill accepting only waste building materials and rubble resulting from construction, remodeling, repair, and demolition operations on pavements, houses, commercial buildings and other structures. Such waste include, but are not limited to wood, bricks, metal, concrete, wall board, paper, cardboard, inert waste landfill material, and other nonputrescible wastes which have a low potential for groundwater contamination.
Landfill, inert waste: A landfill accepting only wastes that will not or are not likely to cause production of leachate of environmental concern. Such wastes are limited to earth and earth-like products, concrete, cured asphalt, rock, bricks, yard trimmings, stumps, limbs, and leaves. This definition excludes industrial and demolition waste not specifically listed above.
Landfill, solid waste: A landfill accepting any garbage or refuse; sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility; and other discarded material including solid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations and from community activities, but does not include recovered materials or hazardous waste; solid or dissolved materials in domestic sewage; solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 U.S.C. Section 1342; or source, special nuclear, or by-product material as defined by the federal Atomic Energy Act of 1954, as amended (68 Stat. 923).
Livestock: All animals of the equine, bovine, or swine class, including but not limited to goats, sheep, mules, horses, hogs, cattle, and other grazing animals, and all ratities, including, but not limited to, ostriches, emus, and rheas, and non-traditional livestock including, but not limited to, bison, deer, buffalo, llamas, and alpacas.
Lodginghouse: A fraternity house, sorority house, dormitory, or other such building designed and occupied, with or without separate kitchen or housekeeping facilities for each unit.
Lot: A parcel of land occupied or capable of being occupied for a use, by a building or group of buildings devoted to a common use, together with the customary accessories and open spaces belonging to the same, and having frontage on a street; or a developed or undeveloped tract of land in one ownership legally transferable as a single unit of land.
Lot area: The total horizontal area within the lot lines of a lot, exclusive of public street right-of-way.
Lot, corner: A lot abutting upon two or more public streets at their intersection.
Lot, double frontage: Any lot, other than a corner lot, which has frontage on two public streets that do not intersect at a point abutting the property.
Lot frontage: The width in linear feet of a lot where it abuts the right-of-way of any public street.
Lot of record: A lot which is part of a subdivision, a plat of which has been recorded in the records of the county superior court clerk; or a parcel of land, the deed, plat or other designation (as a separate lot of record) of which has been recorded in the same office.
Lot width: The horizontal distance between side lot lines measured at the minimum required front yard (regulatory front building setback) line.
Manufactured home: A detached, single-family dwelling unit designed for long-term occupancy and constructed in one or more units made to be transported after fabrication on wheels and when connected to required utilities to include plumbing and electrical systems. Such a dwelling shall be constructed in accordance with the Federal Manufactured Home Construction and Safety Standards, which came into effect on June 15, 1976, as amended, and shall bear the insignia issued by the U.S. Department of Housing and Urban Development (HUD). Removal of the wheels and placement on a foundation does not change its classification. Travel trailers and recreational vehicles are not manufactured/mobile homes.
Manufacturing, processing and assembling: The mechanical or chemical transformation of materials or substances into new products. The land uses engaged in these activities are usually described as plants, factories or mills and characteristically use power driven machines and materials handling equipment. Establishments engaged in assembling component parts of manufactured products are also considered under this definition if the new product is neither a fixed structure nor other fixed improvement. Also included is the blending of materials such as lubricating oils, plastic resins or liquors.
Mini-warehouse: A building or group of buildings in a controlled access and fenced compound that contains varying sizes of individual, compartmentalized stalls or lockers used for storage, including accessory office and/or night watchman's residence, but not including retail sale on the premises, commercial repair or other services, manufacturing or any other commercial use.
Mobile home: A residential structure transportable on wheels after fabrication in one or more sections, which is built on a permanent chassis and designed to be used as a permanent dwelling when connected to the required utilities and constructed prior to June 15, 1976. (See the definition of "manufactured home" for all factory-fabricated structures built to the Federal Manufactured Home Construction and Safety Standards (HUD Code) since June 15, 1976.
Mobile home/manufactured home park: A parcel of land or any portion thereof under single ownership which has been designed, planned, or improved for the placement of more than four mobile homes/manufactured homes for residential use, including land, buildings, and facilities used by the occupants of such homes on the property.
Mobile/manufactured home space: A parcel of land within a mobile/manufactured home park which is reserved or leased for the placement of an individual mobile/manufactured home, accessory structures and the exclusive use of its occupants.
Modular home: A dwelling unit composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation in accordance with applicable codes.
Nonconforming lot: A lot, the area, width, or other characteristic of which fails to comply with applicable regulations and which was of record and in full compliance with all applicable federal, state and local laws, rules and regulations prior to the enactment of these or other regulations applicable thereto, but which does not comply with the requirements of these regulations.
Nonconforming structure: Any building or structure which does not conform to applicable regulations hereunder governing the type, bulk, location, height or size of buildings or structures permitted in the district, which building or structure was lawfully in existence and in full compliance with all applicable federal, state and local laws, rules and regulations, and for which all required federal, state and local permits had been issued, prior to the adoption of these or other regulations applicable thereto, but which does not comply with the requirements of these regulations.
Nonconforming use: Any use of any land, building or other structure which was existing and in full compliance with all applicable federal, state and local laws, rules and regulations, and for which all required federal, state and local permits had been issued, prior to the adoption of these or other regulations applicable thereto, but which does not comply with the requirements of these regulations.
Nuisance: Anything that substantially interferes with the use or enjoyment of property, creates a risk of endangering the public health or safety, or is offensive to the senses.
Office: A building or portion thereof wherein services are performed involving predominantly administrative, professional or clerical operations and not involving retail sales or other sales of any kind on the premises.
Official zoning map: The "Official Zoning Map of Unincorporated Banks County" described in Section 402 of these regulations.
Open air business: Any commercial establishment that displays products in nonenclosed area.
Open space: An area that is permanently set aside through dedication, designation, or reservation and is available to all occupants of a development and that is not used for or occupied by a public right-of-way, driveway, an off-street parking area, a loading space, a refuse storage space, or a building.
Outdoor storage: The keeping, in an unenclosed area, of any goods, junk, material, merchandise, or commercial vehicles in the same place for more than 24 hours.
Outdoor storage yards: The keeping within an unroofed and unenclosed area of any goods, material, merchandise or vehicles, not for sale at retail, in the same area for more than 24 consecutive hours. This term also includes an unroofed or unenclosed area used for the performance of work or other such activities necessary in the operation of a business.
Parking space: An area having dimensions of not less than nine feet by 20 feet and 300 square feet including maneuvering space within a parking lot, to be used exclusively as a temporary storage space for a motor vehicle.
Permitted use: A use by right which is specifically authorized in a particular zoning district.
Person: An individual, firm, partnership, corporation, company, association or institution, including any trustee, assigns or other representative.
Planning commission: The Banks County Planning Commission.
Plat: A map, plan or layout of a county, city, town, section or subdivision indicating the location and boundaries of properties.
Policies and procedures ordinance: The "Land Use Public Hearing Policies and Procedures Ordinance of Banks County" as amended from time to time.
Principal building: A building in which is conducted a principal use.
Property owner: The person or persons who own property being considered under these regulations.
Public use: Any building, structure or use owned and/or operated by the federal government, State of Georgia, Banks County or other county, or any municipality, or any authority, agency, board or commission of the above governments, which is necessary to serve a public purpose, such as but not limited to the following: government administrative buildings, police and fire stations, public health facilities and hospitals, public works camps, parks and community centers, public roads and streets, airports, water and sanitary sewerage storage, intake, collection and treatment and pumping facilities, public housing facilities, jails and correctional centers.
Recreational vehicle: A vehicular-type portable structure which can be towed, hauled or driven and is primarily designed as temporary living accommodations for recreational, camping and travel uses.
Recreational vehicle (RV) park (travel trailer park): Any lot of land upon which two or more recreational vehicle sites are located, established or maintained for occupancy on a temporary basis by recreational vehicles of the general public as temporary living quarters by campers, vacationers or travelers.
Restaurant: Any place or premises used for sale, dispensing or service of food, refreshment or beverages.
Restaurant, drive-in: Any place or premises used for sale, dispensing or service of food, refreshment or beverage to person(s) in automobiles, including those establishments where customers may eat or drink on the premises.
Right-of-way: That area, distinguished from an easement, which is owned in fee-simple title by the governing body or other government, for the present or future use of roads, streets, and highways, together with its drainage facilities and other supporting uses and structures.
Roominghouse: A building where, for compensation, lodging only is provided.
School: A facility that provides curriculum of elementary and secondary academic instruction. A school is considered public if operated by the county board of education.
Screening: A method of shielding, obscuring or buffering one use or building from another use or building by fencing, walls, berms, densely planted vegetation, natural vegetation or other means; a visual and acoustical barrier which is of such nature and density that provides year-round maximum capacity from the ground to a height of at least six feet or that screens structures and activities from view from the normal level of a first story window on an abutting lot.
Semi-public use: Any building, structure or use owned and/or operated by private utilities for the purpose of providing utilities to the public, or which is reasonably necessary for the furnishing of adequate service by such utilities, such as but not limited to the following: underground or overhead gas, electrical, steam, or water distribution or transmission lines or systems, electric power substations, wires, towers, cables, and poles.
Setback: The minimum horizontal distance between the property boundary lines of a lot and the front, rear, or side lines of a building, other structure or activity located on that lot.
Site plan: A two-dimensional graphic illustration, prepared to scale, showing accurately and with complete dimensioning the boundaries of a lot or tract and the location of all buildings, structures, uses and principal site development features proposed for a specific lot or tract of land.
Street: A public or private thoroughfare which affords the principal means of access to abutting property.
Structure: Anything constructed or erected, the use of which requires more or less permanent location on or in the ground, or which is attached to something having more or less permanent location on or in the ground, including, without limitation, wells, signs, tiles, liners, and any other tangible property placed on or in the ground to facilitate any use.
Townhouse: A single-family dwelling in a row of at least three attached units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. A townhouse shall have at least two stories.
Trade shop: An enclosed structure used for the commercial operation of a skilled trade, including but not limited to, cabinet making and carpentry, sheet metal, roofing, upholstering, electrical and plumbing.
Truck stop: An area principally devoted to the service, refueling, temporary storage or parking of trucks, including accessory buildings, structures and uses such as restaurants.
Truck terminal: An area where cargo is stored for routing or reshipment and where trucks load and unload cargo on a regular basis, or an area in which semi-trailers and/or trucks are parked and stored.
Use: Any purpose for which a building, structure or a tract of land is actually being utilized at a particular point in time; or any activity, occupation, business, or operation actually being carried on in a building or structure or on a tract of land at a particular point in time.
Variance: A minimal relaxation or modification of the strict terms of the height, area, placement, setback, yard, buffer, landscape strip, parking and loading regulations as applied to specific property when, because of particular physical surroundings, shape, or topographical condition of the property, compliance would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make a profit.
Yard: A space on the same lot with a principal building, which is open, unoccupied, and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted. A yard may contain a parking and/or loading area and fencing unless otherwise specified by these regulations.
Yard, front: A space on the same lot with a principal building, extending the full width of the lot, and situated between the street right-of-way and the front line of the building projected to the side lines of the lot. In the case of a corner lot, both spaces with street frontage shall be considered front yards. In the case of double frontage lots, the spaces as defined above shall both be considered front yards.
Yard, rear: A space on the same lot with a principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot.
Yard, side: A space on the same lot with a principal building, situated between the building and the side lot line and extending from the rear line of the front yard to the front line of the rear yard.
Zoning: A police power measure in which the county is divided into districts or zones within which permitted uses, and in some cases conditional uses, are established as well as regulations governing lot size, bulk, height and other development requirements.
Zoning administrative officer: The field representative of the Banks County Planning Commission or any other representative designated by the governing body.
(Ord. No. 2004-18, § 1, 7-13-2004; Ord. No. 2006-09, §§ 1—3, 5-9-2006)
TITLE V. - CAD, CONSOLIDATED AGRICULTURAL DISTRICT-INTENSIVE permanent link to this piece of content[67]
Section 501. - Purpose and intent.
A. The CAD, Consolidated Agricultural District-Intensive is established to provide areas for the maintenance and expansion of agricultural production on large areas (minimum of 20 acres) in the area of food crops, fiber crops, animal feed, poultry, livestock and timber production.
B. Agricultural districts are most appropriately located in areas where intensive agricultural operations already exist and in those areas removed from residential or other development such that nuisances affecting other properties are minimized.
C. In order for a parcel or tract of land to be considered for rezoning to CAD, the parcel or tract of land must consist of at least 20 acres of contiguous property (property divided by a public road shall be contiguous property.)
D. Reserved.
E. Land zoned CAD should be in use for good faith farming or agricultural uses worthy of protection and preservation. If, after a tract or parcel of land is zoned or rezoned to CAD, the land is not actively used for intensive commercial agricultural purposes or if the tract or parcel of land consists of less than 20 acres, the county may, at its discretion, initiate procedures for a zoning review and possible rezoning of the property.
F. The siting of private landfills in this district is inconsistent with the intent of this district.
(Res. No. 98-20, § 1(501), 12-9-1998; Res. No. 2000-06, § 1, 2-8-2000; Ord. No. 2005-02, § 2, 1-11-2005; Ord. No. 2005-16, § 1, 6-14-2005)
Section 502. - Permitted uses.
1. Farm buildings, (not housing poultry or livestock) including barns, grain storage facilities, implement sheds and structures accessory to agricultural uses, but located no closer than 50 feet from any adjacent property line.
2. Commercial kennels, provided such structures shall be located a minimum of 400 feet from any adjacent property line and 800 feet from any residence on adjacent property.
3. Home occupations, as defined in article III and limited in section 417
4. Produce stands, provided products sold are those grown or produced on the premises, provided such stands are located outside of any public right-of-way and provide off-street/road right-of-way parking.
5. Public buildings and uses.
6. Single-family dwellings which serve as the principal dwelling for the owner or operator of the agricultural activity.
7. Individual manufactured homes, mobile homes, or industrialized buildings which serve as the principal dwelling for the owner or operator of the agricultural activity.
8. Agricultural uses (excluding animal waste lagoons) including forestry, commercial greenhouses and plant nurseries (wholesale and retail), livestock (except dairies, hog parlors, and feed lots), and poultry [except turkey ranges and commercial egg operations (caged layers)], provided that no structure housing poultry or other livestock as permitted herein or containing manure or other dust producing substances is located closer than 400 feet from an existing dwelling unit other than that of the property owner and 200 feet from any common property line (100 feet if the adjacent property is zoned CAD), provided, however, if an adjoining property owner constructs a dwelling unit within 200 feet of a property line that is adjacent to property zoned CAD, then the setback for structures housing poultry or other livestock as permitted herein or containing manure or other dust producing substances shall be 200 feet and not 400 feet from an existing dwelling unit. A fence erected for the purpose of containing livestock or for delineating agricultural properties is exempt from the 400-foot requirement. Notwithstanding the foregoing, the structures located on the land housing the poultry and livestock shall not exceed ten percent of the land area.
9. Commercial timber production. To qualify as a commercial timber tract the tract must be under a forestry management plan.
10. Signs, provided the requirements of section 407 are met.
11. Public utilities.
12. Temporary sawmills and planing mills used for the removal and processing of timber located thereon. All mills and machinery, including storage areas, must be at least 400 feet from any residence other than that of the property owner and 100 feet from any adjacent property line.
13. Barns which house animals that are not being raised for commercial purposes, except for isolated sales not in the ordinary course of business, including, without limitation, poultry, cats, livestock, horses, goats, sheep, mules and donkeys, located no closer than 50 feet from any adjacent property line.
14. Riding stables and academies, including any place that regularly breeds, boards, trains, buys, sells, trades or lets for hire any horse, donkey, burro or mule, provided that no structure or corral housing such animals is located closer than 400 feet from an existing dwelling other than that of the property owner and 200 feet from any adjacent property line.
15. Accessory buildings and uses customarily incidental to one or more principal permitted uses, except as otherwise provided in this article.
16. One caretaker or employee residence. At least one of the occupants of such residence must be employed on the farm.
17. Kennels which are located 50 feet or more from any adjacent property line and 200 or more feet from any existing residence on adjacent property.
(Res. No. 98-20, § 1(502), 12-9-1998; Res. No. 2000-06, § 1, 2-8-2000; Ord. No. 2004-18, § 2, 7-13-2004)
Section 503. - Conditional uses.
1. More than one caretaker or employee residence, only one per five acres of land. At least one of the occupants of the residence must be employed on the farm.
2. Television, land mobile, communication, microwave, and radio transmission antennae and towers, (collectively "towers and antennae") not including studios or offices, provided the height of such towers and antennae do not exceed 150 feet without specific authorization from the Federal Aviation Administration and the Federal Communications Commission. All towers and antennae must be set back a distance equal to the full height of the tower from all property lines. The applicant at the time of filing the application shall provide a site plan and information regarding topography, coverage zone and tower height. Accessory structures shall be limited to usages associated with the operation of the antennae or towers and shall be appropriate in scale and intensity. All towers and antennae not used to transmit signals or communications for a period of 12 consecutive months shall be removed from the property where the towers and antennae are located.
3. Family residences other than the primary residence of the owner (residences for family members), one per two acres of land. The tract or parcel cannot be subdivided if the tract is to be conveyed to a new owner and the original tract or parcel will have less than 25 acres after being subdivided.
4. Hog farms (hog parlors) of 3,000 hogs or less; dairy farms (300 cows or less); feed lots for 500 cows or less, commercial egg operations (cage layers); provided that no structure housing such poultry or livestock is located closer than 600 feet from an existing dwelling other than that of the property owner or 400 feet from any common property line.
5. Turkey ranges provided that no structure housing such poultry is located closer than 600 feet from an existing dwelling other than that of the property owner or 400 feet from any common property line.
6. Animal waste lagoons provided they are not located any closer than 600 feet from an existing dwelling other than that of the property owner or 400 feet from any common property line.
7. Uses and structures permitted under section 502, paragraph 8, when the structures housing the poultry and/or livestock do not meet the minimum setback requirements from existing dwellings and common property lines as set forth therein. Notwithstanding the foregoing, the structures located on the land housing the poultry or livestock shall not exceed ten percent of the land area.
8. Farm supply stores and agricultural-related businesses, including agricultural implement sales and service, auction facilities, feed and grain stores and other businesses not involving sales or services to the general public.
9. Livestock sales pavilion.
10. Barns and/or corrals and/or kennels, which house small numbers of animals that are not being raised for commercial purposes, except for isolated sales not in the ordinary course of business, including, without limitation, poultry, livestock, horses, goats, sheep, mules, dogs, cats, and donkeys, located closer than 50 feet from any adjacent property line.
11. Riding stables and academies, including any place that regularly breeds, boards, trains, buys, sells, trades or lets for hire any horse, donkey, burro or mule, provided that no structure or corral housing such animals is located closer than 200 feet from an existing dwelling other than that of the property owner and 100 feet from any adjacent property line.
12. Septage handling facilities and direct land application but only as a Conditional Use in the Commercial Agricultural District, subject to the following requirements:
A. Septage removal permits. Any person engaged in the business of septage removal in Banks County, Georgia, shall furnish the Planning Department of Banks County with a copy of its Application for Septage Removal Permit (the "Application") and its Septage Removal Permit issued by the Banks County Board of Health. No person shall operate a septage removal business in Banks County without a Septage Removal Permit. All septage removal shall be in compliance with Chapter 290-5-26 of the Rules of the Department of Human Resources of the State of Georgia and the following:
Standards for septage removal—The following requirements shall be met by individuals permitted for septage removal.
a) The manner in which septage will be disposed of, shall be included on the application for septage removal. Written authorization shall be submitted with the application from wastewater treatment plants, separate septage handling facilities or land owners of land application sites.
b) The manner in which septage will be removed and transported shall be included on the application for septage removal.
c) Access to the septic tank contents shall be by removal of the lids or access ports. Individuals breaking holes in the septic tank or lids will be subject to permit suspension or revocation.
d) Septage removal means the complete removal of the contents including the liquid, sludge and scum.
e) The inlet and outlet "T"s will be inspected for blockage and damage. If "T"s are missing or damaged, the owner will be notified in writing. Missing or damaged "T"s should be replaced.
f) Excavated soil will be replaced.
g) Written documentation shall be provided to the septic tank owner, noting the condition of the septic tank. This shall include any damage or missing components observed, and a copy will be provided to the Banks County Planning Department.
B. Septage disposal:
a) Septage handling facilities shall comply with the ordinances and codes of Banks County.
b) Direct land application:
(i) Land application of domestic septage shall be in accordance with the Code of Federal Regulations ("CFR"), Title 40, Part 503.
(ii) Disposal of domestic septage by land application shall only be applied to land with a low potential for public exposure. This is land that the public uses infrequently which includes but is not limited to: agriculture land, forests and reclamation sites located in unpopulated areas.
(iii) The two approved land application methods for the disposal of domestic septage are subsurface application and surface spreading.
C. Locations of land disposal sites:
a) Approval in writing shall be obtained from the Banks County Planning Department for each site at which a person plans to dispose of domestic septage after review of the Application.
b) Sandy soils overlaying an unconfined aquifer, which is used or may be used as a principal source of potable drinking water, shall not be utilized as land disposal sites for septage.
c) Land disposal sites for surface application of septage shall not be located in the watershed of a reservoir or a potential reservoir of a watershed or a stream extending from a reservoir or potential reservoir which is upstream of an intake for drinking water supply.
d) Sites shall be well drained and are not to be used where soil surveys, soil studies, soil types, areas of Karst, or other geological data indicate the existence of soil conditions which would preclude safe and proper disposal.
e) Property of less than fifty (50) contiguous acres (separated by a County maintained public road is not contiguous) shall not be used for the disposal of domestic septage.
f) Land disposal sites shall not be located within 500 feet of an individual water supply source.
g) Land disposal sites shall not be located within 500 feet of a public water supply well, residence or other facility used or frequented by the public.
h) No land disposal site shall be located within 500 feet of any water impoundment, lake, stream, pond, reservoir, marsh, sinkhole, coastal waters or any permanent or intermittent waterbody considered waters of the State.
i) Disposal sites with slopes exceeding 15% are considered unsuitable for land disposal of septage.
j) No disposal of domestic septage by land application within five hundred (500) feet of a residential dwelling.
k) No disposal of domestic septage by land application within one hundred (100) feet of a site's boundary lines.
l) No disposal of domestic septage by land application within two hundred (200) feet of a structure that houses animals, poultry or live stock.
D. Management of land disposal sites.
a) Each land disposal site entrance shall be posted with "No Trespassing" signs, identified as a land application disposal site for domestic septage and facilities shall be fenced by a six-feet security fence around the perimeter of the disposal site.
b) No industrial, solid or hazardous wastes shall be deposited on the site.
c) The pH of the soil/septage mixture is to be maintained at 6.5 or greater at all times.
d) The pH of the soil in the land disposal area is not to go below 6.5 as measured by annual soil tests.
e) The annual cadmium (Cd) levels are not to exceed 0.5 Kg/Hectare/year. The following formula can be used to convert ppm to Kg/Hectare: ppm X 1.12 = Kg / Hectare.
E. Pathogen control management. The following management practices, found in 40 CFR Part 503-32(b)(5), must be met for compliance with pathogen control requirements:
a) Septage shall not be applied to any portion of a site that is within 300 feet of any lake, stream, pond, reservoir or any permanent or intermittent waterbody considered waters of the state;
b) Food crops with harvested parts that touch the land surface shall not be harvested for 14 months after septage application;
c) Food crops with harvested parts that develop above the land surface, feed crops, or fiber crops shall not be harvested for 30 days after application of septage;
d) Food crops with harvested parts below the land surface shall not be harvested for 38 months after application of septage;
e) Animals shall not be allowed to graze on the land for 30 days after application of septage;
f) Turf grown on land where septage is applied shall not be harvested for one year after application of septage; and
g) Public access shall be restricted for 30 days after application of septage.
F. Vector reduction management. The following management practices, found in 40 CFR Part 503.33, must be met for compliance with vector reduction requirements.
a) Septage shall be injected below the surface of the land and no significant amount of septage shall be present on the land surface within one hour after the septage is injected. Injection may be accomplished by any device(s) that places the septage beneath the soil surface in a narrow trench at a depth of no greater than 18 inches and promptly replaces the cover soil in the same action of trenching and placing septage. Excavation of a trench followed by placement of septage and later covering of the trench is not considered injection.
b) Septage applied to the surface of the land shall be incorporated into the soil within six hours after septage application or
c) The pH of domestic septage shall be raised to 12 or higher by alkali addition and, without the addition of more alkali, shall remain at 12 or higher for 30 minutes. Septage is to be applied in a manner which will prevent any ponding standing of liquid on the land surface twenty four hours after application.
Note: Each container of domestic septage must be monitored for compliance with 503.33(b)(12).
G. Application rate. The annual application rate for septage applied to a land application site shall not exceed 40,000 gallons per acre per year. The septage must be spread or injected as evenly as possible over the entire acreage where the crop or vegetation is grown. This rate is calculated assuming a value of 100 pounds per acre per year of nitrogen required by the crop or vegetation grown on the land. The formula is found as equation 1, in 40 CFR Part 503.13(c)
H. Record keeping. Individuals involved in land application of domestic septage shall maintain the following information for five years and that information shall be available for inspection by the Banks County Planning Department.
a) The location, by either street address or latitude and longitude, of each site on which domestic septage is applied.
b) The number of acres of each site on which domestic septage is applied.
c) The date, time, and quantity of domestic septage applied to each site.
d) The crop or vegetation grown on each site.
e) The rate in gallons per acre per year at which septage is applied to each site.
f) The following certification statement: "I certify, under penalty of law, that the pathogen requirements in section 503.32(c)(1) and the vector attraction requirements in section 503.33(b)(9) or (b)(10) have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the pathogen requirements and vector attraction reduction requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine or imprisonment".
g) A description of how management requirements for pathogens and vector attraction reduction requirements as required by this Ordinance are met.
h) The name of the company and signature of the person who applied the septage.
I. Compliance. Compliance with management practices, vector attraction practices and application rates may be determined by review of records required by this Ordinance.
J. Septage holding facilities. It is necessary that all septage land disposal systems have an alternative method for the temporary holding of septage during periods of adverse weather, and such systems shall meet the following requirements: a) No overflow or leakage of septage may be allowed from the system onto the ground surface, into surface waters or the groundwater table; b) Odors from such systems are to be controlled at all times; c) Septage is to be removed from the holding facility to the land disposal system as soon as weather and soil conditions permit.
K. Surface (land) application. Surface application is a frequently used septage disposal method, but as with any surface application technique, some nitrogen (N) loss occurs through ammonia volatilization. Consideration should be given to intermediate holding facilities before application to the land. Storage is necessary just prior to or during, periods of precipitation in order to prevent run off of contaminated water. In winter months, land application should be limited to non-frozen surfaces to prevent run off during thaws. Intermediate holding facilities are required for those seasonal periods when ground surfaces are frozen. Pathogen die-off during storage is also a factor in favor of using storage facilities. Pre-treatment may be required to avoid odors and to meet vector attraction reduction requirements.
L. Subsurface application. Subsurface application techniques include plow furrow cover (PFC), subsurface injection (SSI), and terreater injection, which is a patented device for subsurface injection. Placement in trenches and lagoons are considered burial practices and are not approved. Soil incorporation techniques offer better odor and vector control than surface spreading techniques. A storage facility approved by the Banks County Planning Department is required. A resting period of one to two weeks is required before equipment can be driven over waste incorporated land.
13. Commercial kennels, if such structures shall be located closer than 400 feet from any adjacent property line and/or closer than 800 feet from any residence on adjacent property.
14. Campgrounds for not more than ten spaces for vehicles (recreational vehicles and campers). If approved as a conditional use, campgrounds with not more than ten spaces shall not have to comply with Chapters 50 and 51 of the Code of Banks County.
(Res. No. 98-20, § 1(503), 12-9-1998; Res. No. 2000-06, § 1, 2-8-2000; Res. No. 2002-02, § 1, 1-8-2002; Ord. No. 2002-13, § 4, 5, 7-9-2002; Ord. No. 2004-18, § 3, 7-13-2004; Ord. No. 2005-29, § 1, 9-13-2005)
FOOTNOTE(S):
(67) Editor's note— Ord. No. 2005-02, § 2, adopted Jan. 11, 2005, renamed title V to read as herein set out. Formerly, said title pertained to the CAD, Commercial Agricultural District. (Back)
ARTICLE VI. - ARR, AGRICULTURAL-RURAL RESIDENTIAL DISTRICT
Section 601. - Purpose and intent.
The ARR, agricultural-rural residential district is established to preserve and maintain a compatible land use relationship in the rural environs of unincorporated Banks County, free from uses that have intensive agricultural, commercial, industrial or other nuisance characteristics. No tract of land can be less than two acres (except lots of record) in ARR. In order for a parcel or tract of land to be considered for rezoning to ARR, the parcel or tract of land must consist of at least two acres. No tract of land in ARR can be subdivided into tracts of less than two acres.
The siting of private landfills in this district is inconsistent with the intent of this district.
(Res. No. 98-22, § 1(601), 12-9-1998)
Section 602. - Permitted uses.
1. Accessory uses and structures normally incidental to one or more permitted principal uses, except as otherwise provided in this article.
2. Family, church or other nonprofit cemeteries.
3. Churches, temples, synagogues, places of worship, clubs, lodges, fraternal institutions and other places of assembly for nonprofit membership groups located on at least five acres of land.
4. Dwellings, single-family.
5. Farm buildings, including barns, grain storage bins, implement sheds, and structures accessory to agricultural uses, but not housing any animals or storing waste or other byproducts thereof.
6. Home occupations, as defined in article III and limited in section 417
7. Mobile homes and manufactured homes on individual lots, subject to the requirements of the Banks County Mobile/Manufactured Home Ordinance as amended from time to time.
8. Parks, playgrounds, community centers, tennis courts, swimming pools and other noncommercial recreational facilities located on at least five acres of land if not incidental to a residential dwelling. All residential swimming pools, aboveground or in-ground, shall be at least ten feet from all property lines and be enclosed by a fence at least four feet in height.
9. Produce stands, provided products sold are those grown or produced on the premises, and provided such stands are located outside of any public right-of-way.
10. Public buildings and uses.
11. Schools, public elementary, middle and secondary, and public and private colleges and universities located on at least five acres of land.
12. Home schooling for the residents of the dwelling on the property.
13. Agricultural uses (excluding animal waste lagoons, including forestry, commercial greenhouses and plant nurseries (wholesale and retail), livestock (except dairies, hog parlors, and feed lots), and poultry [except turkey ranges and commercial egg operations (caged layers)], provided that no structure housing poultry or other livestock as permitted herein is located closer than 800 feet from an existing dwelling unit other than that of the property owner and 400 feet from any common property line. Notwithstanding the foregoing, the structures located on the land housing the poultry or livestock shall not exceed the lesser of 83,200 square feet or ten percent of the land area.
14. Barns which house animals that are not being raised for commercial purposes, except for isolated sales not in the ordinary course of business, including, without limitation, poultry, cats, livestock, horses, goats, sheep, mules and donkeys, located no closer than 50 feet from any adjacent property line.
15. Subdivisions shall comply with Banks County Subdivision Regulations but all lots shall be at least two acres.
16. Farm structures for the temporary storage of poultry littler, other manure or other dust-producing substances produced on the owner's property, provided that all such structures shall be located a minimum of 200 feet from any property line and 400 feet from any residences.
17. Commercial kennels, provided such structures shall be located a minimum of 400 feet from any adjacent property line and 800 feet from any residence on adjacent property.
18. Kennels which are located 50 feet or more from any adjacent property line and 200 or more feet from any existing residence on adjacent property.
(Res. No. 98-22, § 1(602), 12-9-1998; Res. No. 2000-19, § 1, 7-12-2000; Ord. No. 2003-35, §§ 1, 2, 11-11-2003; Ord. No. 2004-18, § 4, 7-13-2004)
Section 603. - Conditional uses.
1. Boarding homes, dormitories, lodging houses, and mobile homes and manufactured homes for agricultural workers, provided such dwellings are located on a farm with a minimum size of 20 acres in active agricultural production, provision is made to meet all applicable public health requirements, and provided such lodging is intended only for the temporary or seasonal housing of farm workers.
2. Television, land mobile, communication, microwave, and radio transmission antennae and towers, (collectively "towers and antennae") not including studios or offices, provided the height of such towers and antennae do not exceed 150 feet without specific authorization from the Federal Aviation Administration and the Federal Communications Commission. All towers and antennae must be set back a distance equal to the full height of the tower from all property lines. The applicant at the time of filing the application shall provide a site plan and information regarding topography, coverage zone and tower height. Accessory structures shall be limited to usages associated with the operation of the antennae or towers and shall be appropriate in scale and intensity. All towers and antennae not used to transmit signals or communications for a period of 12 consecutive months shall be removed from the property where the towers and antennae are located.
3. Campgrounds for not more than ten spaces for vehicles (recreational vehicles and campers). If approved as a conditional use, campgrounds with not more than ten spaces shall not have to comply with Chapters 50 and 51 of the Code of Banks County. In addition, there must be 20 contiguous acres of land to qualify for a conditional use.
4. Commercial cemeteries.
5. Churches, temples, synagogues, places of worship, clubs, lodges, fraternal institutions and other places of assembly for nonprofit membership groups located on less than five acres of land.
6. Nurseries and greenhouses for the growth and sale of plants, trees and shrubs (wholesale and retail) provided that any structure housing the plants, trees and shrubs shall be at least 100 feet from all property lines.
7. Reserved.
8. Schools, parochial or private, offering courses in general education not operated for profit.
9. Barns, kennels and/or other structures which house small numbers of animals that are not being raised for commercial purposes except for isolated sales not in the ordinary course of business, including, without limitation, poultry, livestock, horses, goats, sheep, mules, dogs, cats, and donkeys, located closer than 50 feet from any adjacent property line.
10. Any place that regularly breeds, boards, trains, buys, sells, trades or lets for hire any horse, donkey, burro or mule, provided that no structure or corral housing such animals is located closer than 400 feet from an existing dwelling other than that of the property owner and 200 feet from any adjacent property line.
11. Schools, public elementary, middle and secondary, and public and private colleges and universities located on less than five acres of land.
12. Agricultural uses (excluding animal waste lagoons), including forestry, livestock (except dairies, hog parlors, and feed lots), and poultry [except turkey ranges and commercial egg operations (caged layers)], provided that no structure housing poultry or other livestock as permitted herein or containing manure or other dust-producing substances is located closer than 400 feet from an existing dwelling unit other than that of the property owner and 200 feet from any common property line. Notwithstanding the foregoing, the structures located on the land housing the poultry or livestock shall not exceed the lesser of 83,200 square feet or ten percent of the land area.
13. Commercial kennels, if such structures shall be located closer than 400 feet from any adjacent property line and/or closer than 800 feet from any residence on adjacent property.
(Res. No. 98-22, § 1(603), 12-9-1998; Ord. No. 2002-13, § 6, 7-9-2002; Ord. No. 2003-35, § 3, 11-11-2003; Ord. No. 2004-18, § 5, 7-13-2004; Ord. No. 2005-29, § 2, 9-13-2005)
ARTICLE VII(A). - R-1, SINGLE-FAMILY RESIDENTIAL DISTRICT
Section 701(A). - Purpose and intent.
The R-1, single-family residential district is intended to provide an opportunity for the establishment and preservation of quiet, stable, single-family residential neighborhoods at low densities free from other uses except those which are compatible with and convenient to the residents of such a district. All lots or tracts in the R-1 district (except lots of record) shall have a minimum lot size of one acre if served by public water and shall have a minimum lot size of 1.5 acres if not served by public water.
To qualify acreage for rezoning to R-1, there shall be a minimum of 10 acres in the tract for consideration.
Sites for private landfills in this district is inconsistent with the intent of this district.
(Res. No. 98-21, § 1(701)(A), 12-9-1998; Ord. No. 2002-13, § 7, 7-9-2002)
Section 702(A). - Permitted uses.
1. One accessory building, customarily incidental to the principal permitted use, not to exceed 250 square feet. The minimum roof pitch of the accessory building shall be four feet of rise per 12 feet of run.
2. Single-family dwelling, excluding modular homes.
3. Subdivisions (shall comply with Banks County Subdivision Regulations and minimum lot size for this district).
4. Playgrounds and parks.
(Res. No. 98-21, § 1(701)(A), 12-9-1998; Ord. No. 2006-11, § 2, 5-9-2006)
Section 703(A). - Conditional uses.
1. Reserved.
2. Home occupations, as defined in Article III, Appendix A of the Code of Banks County and limited in Section 417, Article IV, Appendix A of the Code of Banks County.
3. Reserved.
4. Modular home.
5. One accessory building customarily incidental to the principal permitted use, not to exceed 625 square feet. The minimum roof pitch of the accessory building shall be four feet of rise per 12 feet of run.
(Res. No. 98-21, § 1(703)(A), 12-9-1998; Ord. No. 2006-11, § 2, 5-9-2006)
ARTICLE VII(B). - R-2, RESIDENTIAL-MULTIFAMILY DISTRICT
Section 701(B). - Purpose and intent.
1. This district is designed for higher density multifamily development served by a public water system and sewerage facilities. This district is to be located where there is convenient access to collector streets and major road thoroughfares. All developments within an R-2 District shall comply with the regulations established in Multifamily Housing Developments. of the Code of Banks County Georgia. (See also Article XVII, Appendix A of the Zoning Regulations of Banks County of the Code of Banks County, Georgia.) The siting of private landfills in this district is inconsistent with the intent of this district.
2. To qualify acreage for rezoning to R-2, there shall be a minimum of ten acres in the tract for consideration.
(Res. No. 98-21, § 1(701)(B), 12-9-1998; Ord. No. 2006-12, § 1, 5-9-2006)
Section 702(B). - Permitted uses.
1. Reserved.
2. Reserved.
3. Two-family dwellings (duplex).
4. Multi-family dwellings.
5. Townhouses provided no more than four dwelling units in a row.
6. Condominiums
7. Accessory buildings and uses customarily incidental to one or more principal permitted uses.
8. Reserved.
9. Reserved.
10. Reserved.
11. Reserved.
12. Public buildings, uses and utilities.
(Res. No. 98-21, § 1(702)(B), 12-9-1998; Ord. No. 2006-12, § 2, 5-9-2006; Ord. No. 2007-12, § 1, 3-13-2007)
Section 703(B). - Conditional uses.
1. Churches, temples, synagogues and places of worship, located on a lot with a minimum area of five acres and with principal buildings set back a minimum of 50 feet from any property line.
2. Home occupations as defined in article III and limited in section 417
3. Clubs and fraternal organizations not operating for profit.
4. Day care centers provided that prior to the application, the applicant shall show proof of registration and licensing as required by the Georgia Department of Human Resources.
5. Playgrounds and parks.
(Res. No. 98-21, § 1(703)(B), 12-9-1998; Ord. No. 2006-12, § 3, 5-9-2006)
Sec. 704(B). - Special application requirements.
Applications for rezoning to the R-2 Zoning District shall, in addition to the general requirements for rezoning applications specified in Section 1103, Article XII, Appendix A of the Code of Banks County, Georgia, submit the following as part of the application:
(a) Proof of availability of adequate sewer capacity including the size and location of connection points.
(b) A traffic study, including summary.
(Ord. No. 2006-12, § 4, 5-9-2006)