Article 3 — Restrictions on Particular Uses

Sec. 302 - Agricultural and residential use separation.

Adequate separation must be provided between certain agricultural structures or operations and neighboring residences for any new construction, in accordance with the provisions of this Section.

302 (a) Separation required for new agricultural uses.

See Article 3, Section 319 302 (b) Separation from existing agricultural uses.

Sec. 303 - Environmentally hazardous uses.

303 (a) Special Use approval required.

Any use that requires a federal or state permit due to the handling, storage, production or processing of bio-medical or hazardous materials, products or waste, if otherwise allowed in a zoning district, must obtain approval as a Special Use from the Board of Commissioners. The Special Use application shall include a copy of the application for the federal or state permit.

Any business that is required to file a Toxic Chemical Release Inventory report (Form R or Form A) under Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA, or Title III of the Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499) is subject to Special Use approval in order to operate in Douglas County. An initial Form R or Form A must be included in the application for Special Use approval.

Section 313 Emergency Planning and Community Right-to-Know Act (EPCRA), which is also known as Title III of the Superfund Amendments and Reauthorization Act (SARA), requires certain facilities to report both routine and accidental chemical releases. These businesses must submit reports to the Environmental Protection Agency (EPA) and the state emergency response commission (SERC) by July 1 for each preceding year EPA’s “Toxic Chemical Release Inventory Reporting Form R and Instructions” provides guidance on how to determine if your facility must submit a report. Either Form A or Form R must be sent to the EPA and SERC if a facility is required to comply with EPCRA §313. Choosing the correct EPA Form depends on the type and quantity of chemicals at the facility.

A Section 313 Toxic Chemical Release Inventory report (Form R or Form A) shall be filed with the Development Services Department annually when filed with the U.S. Environmental Protection Agency and the state. Failure to submit such report to the Development Services Department annually may be grounds to advertise for a show-cause hearing to determine if the special use should be revoked for failure to comply with the stated conditions of approval.

303 (b) EPCRA Section 313 businesses.

is a listed chemical), which is also listed in 40 CFR 372.65; and

Sec. 304 - Outdoor display areas.

Merchandise or goods may be on display outdoors for the purpose of customer selection or direct sale or lease to customers only as follows:

304 (a) Outdoor display areas; permanent.

The following merchandise or goods may be located in outdoor display areas on a permanent basis (where the use is otherwise permitted):

304 (b) Temporary sales promotions.

All other outdoor display of merchandise or goods shall be conducted on a temporary basis associated with special sales promotions. Such display shall be for a period not to exceed 60 days, and shall not occur more often than once each 3 month period. Signage for such temporary events is restricted in accordance with the Sign Regulations Article of this Code.

304 (c) Outdoor display areas; restrictions.

Sec. 305 - Outdoor storage.

The outdoor storage of goods, material or merchandise not otherwise on display for customer selection or direct sale or lease to customers, where the use is otherwise permitted, is limited as follows:

305 (a) Outdoor storage in office/commercial zoning districts.

305 (b) Outdoor storage in the industrial zoning districts.

Sec. 306 - Standards for numbering property and buildings.

There is hereby established a uniform system for number property and buildings along all public and private roads, streets, avenue and other right-of-way in the unincorporated are of Douglas County in order to protect the safety and welfare of the general public by facilitating the location of individual dwellings and businesses by emergency response personnel. Address numbers shall be assigned or re-assigned by the GIS Department or other department as designated by the Board of Commissioners in accordance with administrative procedures.

306 (a) Re-assignment of address.

When, in the opinion of the GIS Department, the existing address number of a property is inconsistent with the County's address numbering system and/or is difficult for emergency response personnel to locate, the GIS Department may administratively re-assign the street address number. The GIS Department shall mail a written notice of the new address number to the property owner at their last know mailing address. Within thirty (30) days of the date that the GIS Department provides written notification of the new address, the property owner may request a review of the new address by the department. Within six (6) months of the date that the notification of the new address is mailed, the property owner shall post the new address number in accordance with the terms of this Ordinance and remove any different address number that might be mistaken for or confused with the number assigned tot the structure by the GIS Department.

306 (b) Assignment of new address.

No building permit shall be issued for any principal building until the owner or developer has procured an official address number for the property from the GIS Department. Final approval for a Certificate of Occupancy of any principal building erected or repaired shall be withheld until permanent and property numbers have been displayed in accordance with the requirements of this Ordinance.

In the case of new subdivisions, address numbers must be assigned to each proposed lot or tract on the final plat.

306 (c) Posting of designated address.

All figures must be set against a contrasting background and made from a material that is reflective or illuminated, allowing for 24-hour visibility.

Each one-family and two-family dwelling unit shall post and maintain the address number in a conspicuous place on the property, such as both sides of a mailbox, the curb, yard sign or the dwelling.

The address must be clearly visible from the street providing general public access in figures at least three (3) inches high.

Multi-family buildings with three or more dwelling units shall post and maintain the address number on the building, clearing visible from the parking lot or street providing general public access. The numbers shall be at least six (6) inches high. Each individual apartment or unit must have its unit number or address posted in letters or numbers at least four (4) inches high at the main entrance to the apartment or unit. If a multi-family building has more than one exterior entrance, each such entrance shall be marked in numbers at least four (4) inches high with the number, letter and/or address of each and every individual apartment or unit to which access is provided through that common entrance.

Each business or other non-residential building shall post and maintain the address number in a conspicuous place on the property clearly visible from the street providing public access in figures that are at least four (4) inches high.

306 (d) Designating multiple addresses to a single residential property When an accessory dwelling unit is authorized upon a property currently occupied by a principal residence, the establishing of a secondary street number for the accessory dwelling shall be implemented for clarity to emergency personnel. No building permit shall be issued for any accessory dwelling unit until the owner or developer has procured an official secondary address number for the property from the GIS Department.

Sec. 307 - Standards for single-family and two-family dwellings.

All single-family and two-family dwellings, including on-site built and industrialized housing and manufactured homes, shall meet or exceed the following requirements in order to be constructed, assembled, moved into, or relocated within Douglas County, unless other requirements of the Design Standard Details shall apply:

307 (a) Foundation.

307 (b) Landings.

At each exterior door there must be a landing that is a minimum of 36 inches by 36 inches.

307 (c) Exterior siding.

Additional construction standards for dwellings on all lots for all detached and attached dwellings.

307 (d) Roofs.

307 (e) Minimum width.

The minimum width of the entire structure shall be greater than 16 feet. Structure width shall be measured between all parallel exterior walls, with the exception of extensions from the main structure for dormers, bay windows, entrance foyers and similar appurtenances, and extensions of no more than 5 feet for other architectural elements of the structure's design.

307 (f) Deviations from standards where allowed.

The Board of Commissioners may approve deviations from the standards contained in this Section for a single-family or two-family dwelling or a manufactured home as a special use upon a finding that all of the following are met:

307 (g) Compliance with codes.

The dwelling shall be constructed in accordance with all applicable requirements of the Building Code as adopted by the County, or in accordance with standards established by the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401, et seq.) for manufactured homes, or in accordance with State law and regulations for industrialized buildings, whichever apply.

Sec. 308 - Standards for multi-family dwellings (including townhouses).

308 (a) Requirements in general.

Every townhouse or multi-family development must contain a community recreation amenity of adequate size or variety to serve the development, such as a community pool, tennis courts, tot lot, basketball courts, sidewalks, or bike trails.

308 (b) Building arrangement.

Buildings that are front face to front face or back face to back face or front face to back face shall not be less than 50 feet apart. No dwelling shall be situated as to face the rear of another dwelling structure within the development or on adjoining properties, unless differences in terrain and elevation would provide effective visual separation.

308 (d) Townhouse developments.

The developer shall set aside and develop not less than 20% of the land area within the development area for open space, parks or recreational use. Required streets, drives, yard areas and common parking court areas shall not be credited toward this minimum required open space allocation. Only fifty percent of such area may be developed with recreational facilities. Primary conservation areas as defined in the Environmental Protection Article of this Development Code shall not be included in the minimum 20% calculation.

Any townhouse residential development providing common open space or other lands or facilities in common ownership shall comply with the Property Owner's Association requirements of the Subdivisions and Planned Developments Article of this Code.

Sec. 309 - Standards for pre-owned manufactured homes.

309 (a) Standards in general.

These standards are applicable to any pre-owned manufactured home that is proposed to be moved into or relocated within the county.

309 (b) Manufactured home Inspection.

Any pre-owned manufactured home being moved or relocated within the county must pass inspection by an inspector acceptable to the Department of Development Services prior to being moved or relocated. (Amended 02/2005)

Panels shall be accessible.

Sec. 310 - Standards for office, commercial and industrial uses.

310 (a) Screening of dumpsters.

All dumpster and/or exterior commercial trash storage containers must meet the requirements of Article 8.

310 (b) Standards for Walls and Fences.

Any fences or walls not required for screening under this section shall be composed of stone, decorative metal, decorative block or composite based material that simulate wooden fences. Woven-wire fences shall not be used, except as described below. All fences shall be maintained in good repair at all times with a painted or stained finish on all sides. Good repair shall be determined by the Development Services Director or his/her designee.

Dark vinyl-coated chain-link fencing may be used for security around stormwater detention ponds in conjunction with properly-maintained landscaping and screening when said landscaping and/or existing vegetation prevent the view of the fence within two years of planting, as determined by the Douglas County Arborist. It may only be used on the interior of required landscape buffers.

Dark vinyl-coated chain-link fencing may be used in the industrial zoning districts along side and rear property lines in conjunction with properly-maintained landscaping and screening when said landscaping and/ or existing vegetation prevent the view of the fence within two years of planting, as determined by the Douglas County Arborist. It may only be used on the interior of required landscape buffers.

A fence or free standing wall in any front yard area must be set back from the right-of-way line by at least 3 feet. No setback is required along side and rear lot lines. Fencing shall not block or obscure the required site line at driveways and intersections or diminish the sight distance required for visibility at those locations.

310 (c) Building exterior guidelines.

On all non-residential structures in zoning districts other than L-I and H-I, all exposed exterior wall sidings shall be composed of Type A materials. On industrial structures in L-I and H-I zoning districts, the front exterior of all such structures shall be composed of Type A materials, and the remaining sides and back exterior wall sidings shall be composed of the maximum and minimum percentages of materials as follows:

Material Maximum % Minimum % Type A 100 40 Type B 60 0 Type C 10 0 Type A Material: Exterior finish materials shall be any of the following:

Exceptions. Materials not listed may be presented to the Development Services Director or his/her designated agent/representative for classification. Buildings having walls over twenty (20) feet high may be given special material percentages by the Development Services Director or his/her designated representative.

310 (d) Exterior lighting requirements.

See Article 10 Section 1026 for lighting requirements.

310 (e) Landscaping area.

All non-residential property shall provide landscaping in accordance with the requirements of the Landscaping, Buffers and Tree Conservation Article of this Development Code.

Sec. 311 - Sexually oriented adult uses.

The purpose of these standards is to regulate certain types of businesses to the end that criminal activities engendered by such businesses will be curtailed. This is not intended as a de facto prohibition of legally protected forms of expression. This is intended to represent a balancing of competing interests: reduced criminal activity and protection of neighborhoods and development throughout the regulation of sexually oriented establishments versus any legally protected rights of sexually oriented establishments and patrons. This is not intended to allow or license any business, establishment, or activity, which would otherwise be unlawful. The Board of Commissioners, after weighing and careful consideration, find that all other uses allowed within any zone other than LI (Light Industrial), and HI (Heavy Industrial) zones shall exclude sexually oriented establishments unless such uses are specifically stated to include sexually oriented establishments within that zone. No general use description set out elsewhere shall be deemed or construed to include such use.

311 (a) Special Use approval required.

Prior to using the premises as an sexually oriented establishment, any person, association, partnership, corporation, or other business entity must first have applied and received Special Use approval for the operation of any sexually oriented establishment. No use hereunder shall condone or make legal any activities there under if the same is deemed illegal or unlawful under the laws of the State of Georgia or the United States or under any other ordinance, rule, or regulation of Douglas County.

311 (b) Use limitations.

311 (c) Certain activities prohibited.

311 (d) Distance requirements for location.

311 (e) Sexually oriented establishment employees.

311 (f) Additional standards for approval of Special Use.

With respect to the issuance, renewal, or retention of a Special Use approval, any right to retain or have approved an application for such, the following standards shall apply in addition to standards stated elsewhere in this Development Code.

311 (g) Lighting.

All premises shall be fully lighted both inside and outside, except during hours when the establishment is not open for business. Interior lighting shall be at least 3-1/2 foot candles per square foot.

Sec. 312 - Timbering and forestry.

Timbering and forestry operations are allowed if the tree removal represents tree harvesting undertaken as a bona fide agricultural activity.

312 (a) Bona fide agricultural activity.

The following shall be required in order to qualify tree harvesting as a bona fide agricultural activity:

312 (b) Restriction on clearance along streams.

River and stream buffers required under the Environmental Protection Article of this Development Code shall be protected from all on-site activity and remain in their undisturbed natural state. Owner/operator must adhere to approved Georgia Forestry BMP's.

312 (c) Restriction on development approval of recently cleared land.

A preliminary plat for any type of subdivision or a site plan for any type of multi-family or nonresidential development shall not be approved if any portion of the property has been cleared of trees within 3 years prior to such approval request. This restriction may be waived by the Board of Commissioners upon a finding that:

312 (d) Exceptions.

All maintenance on thinning operations are exempt from the requirements of Section 312(c) once a plan has been submitted and approved by the Development Services Director and/or his/her designee.

Thinning is a forest management practice that is performed at some point(s) in time during the course of development of both natural and planted pine stands. Thinning promotes the growth of individual trees within a stand by removing surrounding trees, which compete for water, sunlight and nutrients. Thinning is beneficial to the overall health of a stand of trees in order to sustain good tree health throughout the life of the stand. Thinning is practiced through several approved methods. Selection of method is based on stand density, uniformity and owner objective.

312 (e) Common thinning methods.

Sec. 313 - Accessory buildings, uses and structures.

The following provisions apply to accessory uses or structures in all zoning districts where the principal use is otherwise allowed, whether by right or through Special Use approval.

313 (a) Provisions relating to all accessory uses.

Any accessory building or structure in the AG, R-A and R-LD zoning district on lots ranging in size from 1.0 acre up to 5.0 acres, as shown by a boundary survey, shall not exceed 1,000 SF except that property owners of lots meeting the size requirements above in the AG and R-A zoning districts may apply to the Development Services Director and Planning and Zoning Director for administrative approval of an additional 500 SF of building size.

Property owners of lots meeting the size requirement in the R-LD zoning district may apply to the Development Services Director and Planning and Zoning Director for administrative approval of an additional 250 SF of building size. Additional square footage beyond the maximum including additional size as may be allowed with administrative approval will only be allowed through the Special Use Permit process.

Any accessory building or structure in the AG, R-A, and R-LD zoning district on lots greater than 5.0 acres, as shown by a boundary survey, shall have no limit on maximum size.

Except as specifically regulated under this Section, see the setback and height restrictions for accessory buildings and structures in the Lot and Building Standards Article of this Code.

313 (b) Customary accessory uses to a dwelling.

Each of the following is considered to be a customary accessory use to a dwelling and may be situated on the same lot with the principal use that it serves, subject to more restrictive standards that may apply under this Section.

302 and 319.

313 (c) Customary accessory uses to a religious institution.

313 (d) Customary accessory uses to office, commercial and industrial uses.

Incidental storage, provided that the material stored is incidental to the permitted use and is stored completely within a portion of the enclosed, principal structure, permitted by special use in the district or within a permitted accessory structure. Adherence to the National fire Protection Association Code (NFPA) 30 for flammable and combustible materials must be met including Chapter 4 of that code dealing with container storage, and NFPA Code 101 (Life Safety Code)

If undertaken as an accessory use to a retail use allowed by right, such as a jewelry store, glassmaking or pottery, the manufacturing or fabrication activity may occupy no more than 25% of the gross floor area or 1,000 square feet (whichever is less). All products manufactured or fabricated on the premises must be sold on the premises as a retail activity.

The retail sale of goods and services as an accessory use to a primary industrial use on a property is allowed, insofar as the goods for sale have been produced on site or are in storage at the site for planned distribution to other areas. The ancillary retail sale of goods shall only be conducted as part of the permitted industrial use and shall not be a freestanding business.

Electric vehicle charging stations are allowed as accessory uses on any lot which is zoned and developed for office, commercial, or industrials uses such that they are at least 5 feet from any property line and not within any required zoning buffer. One parking space must be provided for each charging station on site so that vehicles charging will be out of travel lanes and the flow of traffic.

313 (e) Accessory retail uses within an office, hotel or multi-family building.

Within the R-HD, OI, CG and CH zoning districts, retail sales and services accessory to the operation of an office building or institutional use, motel, hotel, or multi-family building, must be conducted wholly within the building housing the use to which such activities are accessory, and are further subject to the following conditions:

313 (f) Accessory Dwelling Units.

Attached addition to existing home, with separate entrance and kitchen Interior (upper level) attic apartment Interior (lower level) basement apartment Above-garage addition that serves as an apartment over the garage Garage conversion: an attached or detached garage made into an apartment

Authorization will be determined by the Board of Commissioners not to be detrimental to the neighborhood in which the lot is located as determined by the criteria established for evaluating a special use application.

313 (g) Agricultural produce stand.

Agricultural produce stands are allowed as an accessory use to a farm in the AG and R-A Districts with the following requirements:

Sec. 314 – Small Box Discount Retail Stores.

Section 314(a) – Requirements

Sec. 315 – Asphalt plants and concrete plants.

Asphalt plants, temporary batch plants and concrete plants must comply with the following requirements:

315 (a) Use restrictions.

Section 12-8-60 and comply with all rules and regulations of the Georgia Department of Natural Resources, Environmental Protection Division including but not limited to Sections 391-3-4-.11, and 391-3-4-.15.

315 (b) Site requirements.

Sec. 316 - Automobile storage yards and wrecker services.

Establishments that provide for the removal and temporary storage of vehicles as automobile towing storage yards and wrecker service yards for damaged or confiscated vehicles must meet the following requirements:

Sec. 317 - Automotive repair or maintenance.

The provisions of this Section apply to any establishment primarily engaged in the repair or maintenance of motor vehicles, trailers, light trucks (under 5,000 pounds gross vehicle weight) and similar mechanical equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune ups, and transmission work, provided it is conducted within a completely enclosed building and which may also include auto inspections or maintenance and repair of belts, hoses, fluids, and similar maintenance.

Sec. 318 – Traveler Accommodations - Short-Term Lodging.

Section 318(a) – Traveler Accommodations and Short-Term Lodging; Defined Traveler Accommodations: Include establishments that provide lodging or short-term accommodations for travelers, vacationers, and others, which may or may not have a resident “Innkeeper” or manager and may include such types as:

Section 318(b) Hotels and Motels; requirements This industry comprises establishments primarily engaged in providing short-term lodging in facilities known as hotels, motor hotels, resort hotels, and motels. The establishments in this industry may offer food and beverage services, recreational services, conference rooms, convention services, laundry services, parking, and other services.

Section 318(c) Bed and Breakfast and Country Inn Establishments; requirements Housekeeping rooms, cabins and cottages: A private, owner-occupied residence may be operated by the owner as an Innkeeper/ lodging provider for a bed and breakfast inn, Air B&B or a country inn if the use is subordinate and incidental to the primary residence and meets the following requirements:

In an office or commercial zoning district, a bed and breakfast inn, Air B&B or a country inn may contain 19 or fewer rooms, all of which must be accessed from within the building.

Section 318 (d) Vacation Rental Homes; requirements

Section 318(e) Recreational Camps and Campgrounds; requirements This comprises establishments engaged in operating family vacation camps, hunting and fishing camps, and outdoor adventure retreats, and agri-tourism and agri-business enterprises that may or may not offer trail riding, hiking, and similar activities. These establishments provide accommodation facilities, such as cabins and fixed campsites along with RV and Travel Trailer parking spaces, and other amenities as an accessory use to a principle recreational or agribusiness enterprise on the property.

acres.

Individual sources for each campsite shall not be permitted.

Section 318(f) Rooming and Boarding Houses; requirements An owner-occupied dwelling within which a resident family offers lodging or lodging and meals to two or more persons not under the resident’s parental or protective care in exchange for monetary compensation or other consideration.

Section 318(g) Dormitories and Worker Camps; requirements A building used as group living quarters for transient workers, a student body or religious order or as an accessory use for a college, university, boarding school, convent, monastery or other similar training institution or facility.

Section 319 – Animals 319 (a) Domesticated animals allowed

For parcels over one (1) acre in size, no additional poultry, pigeons, rabbits and other small animals are allowed, but they will constitute one animal unit for calculating the maximum number of total animals allowed when kept in combination with horses, mules, donkeys, goats, swine, ponies or similar. For all animals, the one (1) full acre of land must be entirely contained within the boundaries of the parcel where the keeping of said animals will occur. Wild and exotic animals are prohibited in all districts except in the A-G, Agricultural District with a special use permit or within the confines of a zoo facility permitted for such purpose in the appropriate zone district.

319 (b) Separation required for uses

319(c) Acreage restrictions

319 (d) Confinement requirements

319 (e) Provisions applying to specific uses

Sec. 320 - Car, boat and recreational vehicle dealers, sales and service facility.

An establishment for sales of new or used automobiles and small trucks less than one ton, boats, motorcycles and recreational vehicles shall meet the requirements of this Section.

Sec. 321 - Car/automobile brokers.

Sec. 322 – Car washes.

General Provisions

The purpose of this ordinance is to reduce water consumption from commercial car wash facilities by requiring all new conveyor car washes to install operational recycled water systems.

All new commercial conveyor car washes, permitted and constructed after August 2, 2011, must install operational recycled water systems. A minimum of 50% of water utilized will be recycled.

Sec. 323 – Cemeteries, mausoleums and crematories.

A cemetery allowed as a principal use on a property must meet the requirements of this Section.

Cemeteries that are allowed as accessory uses to a religious institution or other place of worship must comply with the provisions of Section 313 (c)(5).

323 (a) New cemeteries.

Cemeteries for human or animal interment are required to meet the following minimum requirements:

Mausoleums are permitted in conjunction with a cemetery provided that all requirements for the cemetery have been satisfied.

323 (c) Existing cemeteries.

Any cemetery or place of burial recognized by Douglas County Tax Commissioner as tax exempt (under O.C.G.A. 48-5-41), and any "family plot" or other burial ground discovered on the site, must be protected under the requirements of State law (O.C.G.A. 36-72-1 et seq.). State law currently defines "burial ground" and "cemetery" as follows:

Sec. 324 - Religious Institutions and similar places of public assembly.

Religious Institutions including churches, chapels, temples, synagogues and other such places of worship, and civic and social organizations and similar places of public assembly must meet the following minimum requirements:

Sec. 325 - Convention center.

Convention centers, including banquet halls, meeting facilities, special events spaces, and other facilities designed for public or private assemblies are subject to the following requirements:

325 (a) Plan approval.

All proposed sites to be used as a convention center must be submitted to the Development Review Committee (DRC) for review and approval.

Sec. 326 - Community and neighborhood recreation centers.

326 (a) Community recreation centers.

Noncommercial or nonprofit community centers such as YMCA, YWCA, Girls or Boys Clubs and senior centers must meet the following requirements:

326 (b) Neighborhood recreation centers.

Neighborhood recreation centers, amenities, and swimming pools are subject to the following:

No direct light shall be cast upon adjacent properties or roadways. If lighting is to be established, it shall be shown on the landscaping plan for the project.

Sec. 327 - Community food and housing shelters.

Charitable, non-profit, short-term housing and/or room and board accommodations for poor, transient, or needy individuals shall meet the following minimum criteria:

Sec. 328 - Day care.

328 (a) Family day care home.

Day care for up to 8 children as an accessory use to a residence is subject to the following requirements:

328 (b) Group day care facility.

Day care for up to 18 adults or children is subject to the following conditions:

328 (c) Day care center.

Day care for nineteen or more adults or children is subject to the following:

Sec. 329 - Drive-in theaters.

Sec. 330 - Fallout shelters.

Fallout shelters are permissible as accessory uses in any district, subject to the following conditions:

pumps

Sec. 331 – Gasoline stations, truck stops and heavy truck parking facilities, and convenience stores with fuel pumps Any use that dispenses gasoline or diesel fuel, whether as a principal or accessory use, shall comply with the requirements of this Section. Any heavy truck parking facility, whether as a principal or accessory use, shall comply with the requirements of this section.

331 (a) General requirements.

pumps

331 (b) Requirements for full-service gasoline stations.

A building or structure used for the retail sale and dispensing of fuel, lubricants, tires, batteries, accessories, and supplies, including installation and minor services customarily incidental, are subject to the following in addition to the general requirements of this Section:

331 (c) Truck stops.

Establishments that cater to the fueling needs of the trucking industry are subject to the following in addition to the general requirements of this Section:

331 (d) Convenience stores with fuel pumps.

pumps A convenience store with fuel pumps is subject to the following in addition to the general requirements of this Section:

331 (e) Heavy truck parking facilities without accessory uses.

Establishments that cater solely to the parking needs of the heavy trucking industry – which excludes truck stops - establishments that cater to the fueling needs of the trucking industry -are subject to the following requirements in addition to the general requirements of this Section.

pumps

These lots shall not thereafter be reduced or encroached upon in any manner, including accessory uses.

pumps

Sec. 332 – Golf Courses.

332 (a) Minimum course standards.

New golf courses shall meet United States Golf Association requirements for regulation play and must provide at least 18 holes covering a minimum course distance of 5,500 yards, except as follows:

332 (b) Lighting restrictions.

Lighting shall not adversely affect adjacent properties or roadways. No direct light shall be cast upon adjacent or nearby properties.

332 (c) Accessory uses to a golf course.

The following accessory uses are permitted in association with a golf course:

332 (d) Use limitations.

Sec. 333 - Heliports, private use.

A private use heliport shall meet the following minimum standards:

333 (a) Compliance with FAA guidelines.

The development of a private use heliport shall be in accordance with the guidelines specified in the Federal Aviation Administration.

333 (b) Takeoff and landing area.

Sec. 334 – Businesses in the Home/Home occupations.

The purpose of this section is to provide performance standards to ensure the right of an individual to reasonably pursue an occupation on the property on which he or she resides, while keeping in mind that such a right shall not interfere with the reasonable peace and enjoyment of those residing on adjoining parcels and in the general vicinity. A business in the home or home occupation is permitted as an accessory use in any zone district allowing principle residential dwellings units subject to the restrictions of this Section.

334 (a) Home occupations; defined.

A home occupation is any activity carried out for profit by the resident and conducted as an accessory use in the resident's dwelling unit. A home occupation is further defined as one of the following:

334 (b) Home office.

This limitation applies to the aggregate floor area of all areas devoted to the home office, whether located within the dwelling or in an accessory structure.

There shall be no exchange of merchandise between seller and buyer on the premises.

There shall be no goods, products or commodities received on the premises intended for resale or delivery to customers.

There shall be no activities on the premises that are associated with personal service occupations such as a barber shop, beauty shop, hairdresser or similar activities.

There shall be no manufacturing, assembly or fabrication of products on the premises conducted as an occupation or commercial venture.

There shall be no nonresident persons on the premises in conjunction with the home office.

There shall be no exterior lighting of the building or property that is not in character with a residential neighborhood.

334 (c) Home business.

This limitation applies to the aggregate floor area of all areas devoted to the home office, whether located within the dwelling or in an accessory structure.

There shall be no exchange of merchandise between seller and buyer on the premises except for items produced in the home.

There shall be no goods, products or commodities received on the premises intended for resale or delivery to customers except by U.S. Mail or parcel service.

Personal service occupations shall be limited to the practice of a profession, artistic production or instruction, educational or personal tutoring, family day care, and personal grooming such as a barber shop, beauty shop or hairdresser.

Specific services to be provided in excess of one customer per hour may be limited or otherwise allowed as a condition of Special Use approval.

Outsiders and nonresidents on the premises in conjunction with the home business shall be limited to those receiving personal services in the home (as specified above), purchasers of items produced in the home, and one employee.

334 (d) Cottage Industry/Maker Microbusiness

There shall be no exchange of merchandise between seller and buyer on the premises except for items produced by the Cottage Industry/Maker Microbusiness.

There shall be no finished goods, products or commodities received on the premises intended for resale or delivery to customers except by U.S. Mail or parcel service or off-premise delivery.

Personal service occupations shall be limited to the practice of a profession, artistic production or instruction, educational or personal tutoring, family day care, and personal grooming such as a barber shop, beauty shop or hairdresser.

Specific services to be provided may be limited or otherwise allowed as a condition of Special Use approval.

employees who do not live on the premises shall be permitted to work on the premises at any one time for a Cottage Industry use.

Nonresidents on the premises in conjunction with the home business shall be limited to those receiving personal services in the home (as specified above), purchasers of items produced in the home, and permitted employees.

334 (e) Expiration of Special Use approval.

Special Use approval for a home business or Cottage Business/Maker Microbusiness shall expire under the following conditions:

1 Whenever the applicant ceases to occupy the premises for which the home business was issued, no subsequent occupant of such premises shall engage in any home business until he shall have been issued a new Special Use approval.

2 Whenever the holder of such permit fails to exercise the same for a period of 6 consecutive months.

334 (f) Prohibited Home Occupations, Businesses and Cottage Industries.

Sec. 335 - Horse and riding stables, private.

A building for the shelter and feeding of horses as an accessory use to a residential use is subject to the following: See Section 319.

Sec. 336 - Manufactured home parks.

A manufactured home park is subject to the following provisions of this Section.

336 (a) General.

336 (b) Restrictions.

336 (c) Manufactured home stand (pad).

For purposes of design the outline of the actual manufactured home proposed and the outline, of the manufactured home stand are considered the same.

336 (d) Streets.

336 (e) Accessway to manufactured home stand.

336 (f) Recreation facilities.

336 (g) Management office and other common facilities.

Location: The structure or structures containing the management office and other common facilities shall be conveniently located for the uses intended. Consolidation of laundry, recreation, management, and other common facilities in a single building and location is acceptable if the single location will adequately serve all manufactured home lots.

336 (h) Grading design.

Permanence and maintenance of off-site drainageways shall be assured by public right-of-way, by easements, or by other means. No unpaved swales shall be formed in fill embankments.

336 (i) Tenant storage.

336 (j) Lot sales.

Individual manufactured home lots cannot be sold to individuals by the manufactured home park owner or owners. The manufactured home lots are to be leased to manufactured home lessees only.

336 (k) Anchor required.

Each manufactured home must be secured by an anchoring device approved by the Building Official.

336 (l) Flood hazard areas.

No manufactured home park shall be built in any area identified by the Federal Insurance Administration as having special flood hazards designated by zones A 1-30, AO, and unnumbered A zones on Douglas County's flood insurance rate map or in any other area where recent flooding is known to occur.

336 (m) Exterior steps.

336 (n) Laundry facilities.

336 (o) Animals.

The following conditions will be allowed pertaining to animals only as set forth:

336 (p) Emergency Storm Shelters All new and any addition to an existing manufactured home park shall be required to provide an emergency storm shelter or shelters to provide temporary safety to residents in the event of an extreme wind-storm emergency. Said storm shelter shall be constructed in accordance with the most current International Construction Code (ICC) 500, as may amended, and the Federal Emergency Management

Sec. 337 - Manufactured home lots or subdivisions.

337 (a) Manufactured home on individual lot.

A manufactured home located on a lot in the AG or R-A zoning districts must comply with the following standards:

337 (b) Manufactured home subdivision.

A manufactured home subdivision is subject to the following provisions of this Section.

337 (c) Emergency Storm Shelters All new and any addition to an existing manufactured home subdivision shall be required to provide an emergency storm shelter or shelters to provide temporary safety to residents in the event of an extreme wind-storm emergency. Said storm shelter shall be constructed in accordance with the most current International Construction Code (ICC) 500, as may amended, and the Federal Emergency Management

Sec. 338 - Mini-warehouses and self service storage.

Mini-warehouses and other self-storage facilities must meet the following requirements:

338 (a) General regulations.

conduct garage sales or retail sales of any kind; rehearsing or practicing utilizing band instruments; conversion to an apartment or dwelling unit; or to conduct any other commercial or industrial activities on site.

Property lines adjacent to industrial zones are exempt from this requirement.

Storage of flammable liquids, highly combustible or explosive materials, or hazardous chemicals are prohibited.

338 (b) Access.

A self-service storage facility shall be located on a lot that gains access from a local commercial or industrial street, a minor or major collector, or an arterial street.

338 (c) Outside storage.

Open storage of recreational vehicles and dry storage of pleasure boats of the type customarily maintained by private individuals for their personal use shall be permitted within a self-service storage facility provided the following conditions are met.

338 (d) Development regulations.

The maximum size of a storage bay shall be 450 square feet.

338 (e) Landscape requirements.

A detailed landscape plan shall be submitted with the development plans at the time of plan review for approval. In addition to the requirements of the Landscaping, Buffer and Tree Conservation Plans required for a development permit, the following shall apply:

Chain link fencing is not allowed in these areas.

338 (f) Dumpsters and trash receptacles.

Dumpsters and trash receptacles shall be located where they are not visible from adjacent residentially-zoned properties and shall be adequately screened from view from all other adjacent properties and streets by structures, walls or fencing.

Sec. 339 - Night watchman residence.

Special Use C-H, LI, and HI A permanent night watchman residence may be developed as an accessory use to a nonresidential use for the exclusive occupancy of personnel employed for the security of the principal use subject to the following standards:

339 (a) Need.

The principal use must be deemed by the Development Services Director as one requiring full-time security or 24-hour on-site management. Such uses include but are not limited to mini-warehouses, high-value warehousing or on-site storage, or outdoor storage of valuable materials or equipment.

339 (b) Development restrictions.

Sec. 340 - Nursing and Residential Care Facilities 340 (a) General restrictions.

340 ) Categories of care facilities.

340 (c) Resident managers.

Sec. 341 - Petroleum or bulk storage facilities.

Petroleum and other bulk storage facilities for flammable liquids or gas are subject to the following requirements:

Sections 12-8-20 through 12-8-42 inclusive and 12-8- 60 through 12-8-82 inclusive and comply with all rules and regulations of the Georgia Department of Natural Resources, Environmental Protection Division including but not limited to Sections 391-3-4 inclusive and 391-3- 11 inclusive.

Section 12-8-60 and comply with all rules and regulations of the Georgia Department of Natural Resources, Environmental Protection Division including but not limited to Sections 391-3-4-.11, and 391-3-4-.15. A four foot high parapet wall shall encircle the storage facilities to further ensure spill containment.

Sec. 342 - Quarries or mining operations.

Quarries or mining operations, including the removal or extraction of dirt, sand and soil, are subject to the following requirements:

342 (a) Purpose and intent.

Special Use approval for quarries or mining operations is specifically established to allow for the mining, extraction, crushing, and quarrying, as appropriate, of sand, rock, precious metals, and other minerals or elements removed from the earth. Special Use approval for quarries or mining operations allows for a range of other uses that may be accessory to mining operations or economically linked to such uses.

Extensive building and operation setbacks and generous buffers are required to ensure the previously listed activities do not pose physical hazards or nuisances (e.g., dust, noise, vibration, etc.) to neighboring dwellings, schools, parks, places of worship, hospitals, commercial buildings, and public buildings and roads.

This section shall not prohibit the removal of earth and rock and filling and grading in any district done for land development purposes.

342 (b) Application requirements.

All applications seeking Special Use approval shall include the following in addition to the requirements for Special Uses under the Procedures and Permits Article 12 of this Code:

Reclamation plans, if approved, will be considered conditions of development approval, unless otherwise specified by the Board of Commissioners.

The Board of Commissioners shall not require a bond if the applicant is required to obtain a bond in connection with its state mining permit.

342 (c) Restrictions.

342 (d) Blasting and Vibration.

3 Date and time of blasting event.

a). Peak particle velocities in the three orthogonal components and peak air overpressure;

b). Time history of the three components of the ground motion and air overpressure produced by the blasting event;

c). Latitude and longitude of the seismograph during the recording event;

d). Distance from the blasting event;

e). Name of the property;

f). Name of the individual and firm taking the seismographic readings; and g). Name of the individual and firm analyzing the seismographic record.

The mass of the transducer should closely match the density of the ground or other material it displaces.

342 (e) Distance requirements.

Such uses must not be established within 500 feet of the lot line of a property with a residential use or 200 feet of the lot line of a property with any other use.

The operational and removal area of such uses must not be established within 4,000 feet of the lot line of a property with a residential use and within 2,000 feet of the lot line of a property with any other use.

342 (f) Modification of restrictions.

Modification of restrictions is permitted in accordance with Section 1303, Special Exception Variances.

342 (g) State permits.

A copy of the Georgia Department of Natural Resources permit approval shall be maintained on file with the Development Services Department.

Sec. 343 - Radio, television and telecommunications.

343 (a) Purposes.

343 (b) Definitions related to telecommunications.

Alternative tower structure: includes man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennae or towers.

Antenna: Any exterior apparatus designed for the sending and/or receiving of electromagnetic waves for telephonic, radio, television, personal wireless or other telecommunication services. Personal wireless services include but are not limited to cellular telephone, Personal Communications Services (PCS), Specialized Mobile Radio (SMR), Enhanced Specialized Mobile Radio (ESMR), Private Mobile Radio

Co-location: The placement of two or more antennae, micro telecommunications facilities or macro telecommunications facilities in the same location, tower, or monopole tower.

Commercial and industrial structures: include warehouses, factories, retail outlets, supermarkets, banks, garages or service stations.

Geographic antenna placement area: The general vicinity within which the placement of an antenna is necessary to meet the engineering requirements of an Applicant's cellular network or other broadcasting need.

High density districts: Any district that permits multi-family units of eight units per acre or more.

Height of telecommunication tower: When referring to a tower, antennae or other structure, means the distance measured vertically from the highest point when positioned for operation to the lowest point which is defined as the bottom of the base of the structure being measured at either roof or ground level, whichever is applicable. The height of a tower shall include the height of any antennae positioned for operation attached or which may be attached to the highest point on the tower.

Macro telecommunications facilities: Those facilities located on existing buildings, poles or other existing support structures and which project more than 3 feet above the top of the structure but no more than 10 feet above the roof line, parapet or top of the structure. Macro telecommunication facilities may exceed the height limitation specified for the zoning district.

Micro telecommunications facilities: Those facilities located on existing buildings, poles or other existing support structures where antennae do not project more than 3 feet above the top of the structure and there are no more than 6 antennae per site.

Mixed use building: A building containing both residential and nonresidential uses; provided however, that for purposes of this ordinance, this shall not include in-home occupations.

Monopole tower: A telecommunications tower consisting of a single pole, constructed without guy wires or ground anchors.

Publicly used structures: Structures that are owned by a governmental entity or a bona fide nonprofit organization and include, but are not limited to, facilities such as fire stations, libraries, community centers, convention centers, courthouses, utility structures, water towers, elevated roadways, bridges, flag poles, schools, hospitals, clock or bell towers, light poles and churches.

Scenic views: those geographic areas containing visually significant or unique natural features, as identified in the Douglas County Comprehensive Plan.

Telecommunications facilities: Antennae and towers, either individually or together.

Telecommunication tower: Any structure designed and constructed primarily for the support of one or more antennae and including guyed, self-support (lattice) and monopole types. This term does not include Alternative Tower Structures.

Temporary Wireless Communication Facility: Portable equipment without permanent foundation that is used for a limited period while a permanent facility is under construction, under repair or during a special public event or emergency. Also called a Cell-on-Wheels (COW).

Visual quality: the appropriate design, arrangement and location of tower structures in relation to the built or natural environment to avoid abrupt or severe differences.

343 (c) Exemptions.

343 (d) Permitted uses.

Antennae, towers and alternative tower structures may be either a principal use or an accessory use and may be located on a non-conforming lot or on a lot containing a non-conforming use.

The construction of a tower or alternative tower structure in compliance with this Section shall not be considered an expansion of a non-conforming use.

Telecommunication facilities are allowed as a use by right as shown on Table 2.5, following approval of a complete application and design review by the Director of Development Services and issuance of a building permit.

Telecommunication facilities may be allowed as a Special Use as shown on Table 2.5, following approval of a complete application, design review, Special Use approval by the Board of Commissioners, and issuance of a building permit.

A Temporary Wireless Communication Facility may be approved administratively in any zoning district for a period not to exceed 90 days. The application shall include an explanation of the urgency of need for a temporary facility in addition to all other documentation requirements.

Any new tower otherwise permitted but proposed for a height greater than 150 feet may be considered through a Special Use approval.

343 (e) Preferred and Disfavored Location Sites.

Any single-family, two-family or multi-family residential structure or site shall be a disfavored site for the location of telecommunications facilities.

343 (f) Design criteria.

All towers over 100 feet in height shall have structural capacity and ground or interior space to accommodate multiple users. Towers up to 150 feet shall accommodate at least 3 users.

Towers over 150 feet shall accommodate at least 5 users.

The following setback requirements shall apply to all telecommunications facilities, provided however, that the Director of Development Services and/or Board of Commissioners may reduce the standard setback requirements of this Section if the goals of this Code would be better served thereby.

Alternative tower structures shall have all related equipment screened from view by one of the following methods:

Towers shall not be lighted beyond that required by the FAA. Security lighting of the facility is allowed to the extent that the light source is shielded from adjacent properties. If lighting is required on a tower, the governing authority may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. In the event the tower requires lighting by virtue of its height, the County may require the construction of the tower at a lower height in order to avoid lighting requirements.

Equipment at a transmission facility shall be automated to the greatest extent possible to reduce traffic and congestion. Access for maintenance vehicles shall be exclusively by means of a local street abutting the site or otherwise is accessible to the site.

No advertising is permitted on telecommunications facilities. However, a whip antenna or panel antenna up to 12 square feet in size with appropriate shrouding may be allowed on any legally permitted permanent sign provided that all other requirements of this ordinance are met.

Upon the transfer of ownership of any tower, alternative tower structure, or lot upon which such a structure has been erected, the tower permittee shall notify the Planning & Zoning Department of the transaction in writing within thirty (30) days.

343 (g) Application requirements.

The owner and operator of any proposed telecommunications facility, regardless of whether seeking approval from the Director of Development Services as a use by right or from the Board of Commissioners as a Special Use, must submit a complete application, undergo design review, and receive a building permit. Applications will not be considered until complete. The following information must be submitted for an application to be considered complete when applying for any building permit, Special Use approval or other permit or variance included in this Code:

Each application shall include a site inventory including: 24 packages containing a list and a map showing all the applicants existing telecommunications facility sites within Douglas County and within one mile of the county's boundaries. The list must include the following information for each site:

All information of an engineering nature that the Applicant submits, whether civil, mechanical or electrical shall be certified by a licensed professional engineer or qualified industry expert:

a.) That existing towers or tall structures are not located within the necessary geographic area.

b.) That existing towers or tall structures are not of sufficient height to meet system engineering requirements.

c.) That existing towers or tall structures do not have the structural capacity to support the service provider's antennae or do not have sufficient ground or interior space for related equipment.

d.) That the proposed service provider's antennae would cause interference with antennae on existing towers or tall structures or that existing systems would cause interference with the proposed service provider's signal.

e.) That other limiting factors, not including economic considerations, render existing towers or tall structures unsuitable.

343 (h) Considerations in Approval or Denial of a Telecommunications tower Special Use Permit.

The governing authority shall consider, but is not limited to, the following factors in action upon a Telecommunications Tower Special Use Permit under the provisions of this code:

343 (i) Review of Application by a Radio-Frequency Engineer.

343 (j) Co-location.

Applicants for the erection of a tower or placement of an antenna shall be required to co-locate upon an existing tower or alternative tower structure. Applicant and owner shall allow other future personal wireless service companies, including public and quasi-public agencies, using functionally equivalent personal wireless technology to co-locate antennae, equipment and facilities on a telecommunications facility unless specific technical constraints prohibit said co- location. An exception to co-location shall only be made if the Applicant adequately demonstrates with substantial evidence that an existing tower suitable for co-location does not exist in the geographic antenna placement area utilizing the tower inventory maintained by the Planning & Zoning Department, and that no suitable alternative tower structure is available as set forth in Section 343(f)(1) contained herein. Applicant and other personal wireless carriers shall provide a mechanism for the construction and maintenance of shared facilities and infrastructure and shall provide for equitable sharing of cost in accordance with industry standards.

343 (k) Decisions.

Any decisions by the Board of Commissioners or the Director of Development Services denying or approving a request to place, construct, modify a telecommunications facility shall be in writing and supported by substantial evidence in a written record.

343 (l) Removal of antennae and towers.

343 (m) Pre-existing towers/Non-conforming uses.

343 (n) Coordination with federal law.

Whenever the Board of Commissioners finds that the application of this Section would unreasonably discriminate among providers of functionally equivalent personal wireless services or prohibit or have the effect of prohibiting the provision of personal wireless services, a Special Use approval waiving any or all of the provisions of this Section may be granted.

Sec. 344 - Mobile Food Vendors.

344 (a) Definitions.

344 (b) Special Use Permit and License Required.

344 (c) Prohibited Conduct and Requirements.

Proof of current liability insurance, issued by an insurance company licensed to do business in Georgia, protecting the mobile food vendor, the public and the county from all claims for damage to property and bodily injury, including death, which may arise from operation under or in connection with the permit. Such insurance shall name the county as an additional insured and shall provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days advanced written notice to the county.

Vending structures shall be housed at their commissary location when not vending and overnight. Commissary locations are allowed in the C-G, C-H and LI zoning districts.

344 (d) Indemnity.

As part of the permitting process set forth herein, any person or entity receiving a permit set forth herein shall execute an indemnity agreement indemnifying and releasing the Douglas County, its agents, employees and elected officials from any and all liability against any and all claims, actions and suits of any type whatsoever.

Sec. 345 - Schools, private.

Private elementary and secondary schools, colleges and technical schools are subject to following minimum requirements:

345 (a) Private elementary and secondary schools.

Private, parochial, or other elementary, middle, junior high, or high schools not part of the public school system must meet the following standards.

345 (b) Private colleges, universities and technical schools.

Private colleges, junior colleges, universities, and technical schools are allowed by Special Use approval in any zoning district when located on a site of at least 20 acres which has at least 400 feet of frontage on a major or minor thoroughfare or on a collector street, and provided that no building or structure be located nearer than 75 feet to any lot line and provided that no parking area or driveway be located nearer than 20 feet to another lot in a residential zoning district.

Sec. 346 - Scrap yards and junkyards.

Sec. 347 - Spectator and amusement developments.

347 (a) Stadiums, coliseums, arenas and amphitheaters.

Stadiums, coliseums, arenas and amphitheaters are subject to the following requirements:

347 (b) Amusement and recreational developments.

All amusement and recreational developments (including theme parks and racetracks) not included under Section 347 (a) must meet the following requirements:

Recreational developments, including amusement and theme parks and racetracks, are required to provide a comprehensive development plan to the Department of Development Services prior to the issuance of any permits. This plan must be on a scale of not less than 1 inch to 400 feet and shall include:

347 (c) Nature preserve.

A nature preserve, including but not limited to a wildlife sanctuary, conservation area or game preserve, shall provide a minimum setback for any barn, pen, corral or other structure housing animals of 200 feet from all property lines.

Sec. 348 - Temporary events.

Purpose and Intent: The purpose and intent of this ordinance is to create regulations applicable to all lands in the County that address impacts of temporary events such as noise, light, dust, traffic and parking. The purpose and intent of this ordinance is to provide for event uses that are incidental to the primary use of land and shall not displace or impede the primary use. All applicable fire, health and safety ordinances and regulations shall apply.

Applicability: The provisions of this section shall apply to all temporary events held in the County. Such uses shall be subject to all provisions set forth herein, as applicable. A temporary event shall always be subordinate to the principle use on the lot and requires approval of an Administrative Temporary Event Permit. If no principle use exists on the lot, a temporary special event may only be approved by the Board of Commissioners at a regularly scheduled meeting.

Section 348 (a) Definitions

348 (b) Administrative Temporary Event permits – application requirements.

All temporary events are subject to the requirements of other Douglas County Departments such as Emergency Medical Services Plans, Emergency Planning and Preparedness, tent permits, pyrotechnics permits, food service permits, etc.

Applications requiring special use permit approval must meet all of the filing requirements of Article 12 of this Code.

Sec. 349 - Temporary offices for a development.

In all major subdivisions, a permit may be granted for the temporary use of one of the homes, or for the parking of a manufactured home or industrialized building, to be used as a construction office or a real estate sales office for sale of the lots for new homes to be built and developed within the boundaries of the development. A temporary construction or sales office, where otherwise allowed, shall meet the following criteria:

349 (a) Temporary construction buildings.

Temporary buildings used in construction work may be permitted in any zoning district and shall be removed immediately upon completion of construction.

349 (b) Temporary sales office; location.

The temporary sales office shall be located on a lot within an area that has received Final Plat approval and has been recorded with the Clerk to the Superior Court.

349 (c) Temporary sales office; restrictions.

349 (d) Temporary sales office; removal.

The temporary sales office shall be removed within 30 days after Certificates of Occupancy or connections to permanent power have been approved on 90 percent of the lots in the subdivision.

Sec. 350 - Utility substations.

Electric transformer stations, gas regulator stations, telephone exchanges and other public utility substations must comply with the requirements of this Section.

350 (a) Standards applying to electrical substations in the R-A, R-LD and R-MD zoning districts.

Electrical substations meeting the following standards are allowed in the R-A, R-LD and R-MD zoning districts:

350 (b) Standards applying to all utility substations in all zoning districts.

Sec. 351 - Waste handling or disposal.

351 (a) Definitions related to waste handling or disposal.

Biomedical Waste: Any solid waste which contains pathological waste, biological waste, cultures, and stocks of infectious agents and associated biologicals, contaminated animal carcasses (body parts, their bedding, and other wastes from such animals), chemotherapy waste, discarded medical equipment and parts, not including expendable supplies and materials, which have not been decontaminated in accordance with the rules of the Georgia Environmental Protection Division.

Biomedical Waste Disposal or Transfer Facility: A facility engineered and designed for the collection and/or transfer of biomedical waste products such as used gauze, syringes, needles, bandages, test tubes and surgical wastes from a collector vehicle to a transport vehicle for conveyance to another destination for incineration or disposal.

Composting: The controlled biological decomposition of organic matter into a stable, odor free humus.

Composting Center: A site or facility in which composting activities take place under controlled conditions.

Construction/Demolition Waste: Waste building materials and rubble resulting from construction, remodeling, repair, and demolition operations on pavements, houses, commercial buildings and other structures. Such wastes include, but are not limited to asbestos containing waste, wood, bricks, metal, concrete, wall board, paper, cardboard, inert waste landfill material, and other nonputrescible wastes which have a low potential for groundwater contamination.

Garbage: Food waste including waste accumulations of animal or vegetable matter used or intended for use as food, or that attends the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit or vegetables.

Hazardous Material or Substance: Any substance or material that, by reason of its toxic, caustic, corrosive, abrasive, or otherwise potentially injurious properties, may be detrimental or deleterious to the health of any person handling or otherwise coming into contact with such material or substance.

Hazardous Waste: Solid or liquid waste material resulting from the manufacture or use of pesticides and drugs (other than normal household use); pathological wastes; highly flammable or explosive wastes;

toxic wastes; sewage sludges; and other waste material that may be a hazard to the public health, safety or environment, except radioactive waste materials as defined by the State of Georgia.

Hazardous or Toxic Waste Transfer Station: A facility in which toxic or hazardous wastes are brought in to the site exclusively for transferal to another vehicle that will transport the wastes to another facility for disposal.

Household Waste: Any solid waste (including garbage, trash, and sanitary waste in septic tanks) derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas).

Inert Waste Landfill: A disposal facility accepting only wastes that will not or are not likely to cause production of leachate of environmental concern. Such wastes are limited to earth and 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.

Materials Recovery Facility: A solid waste handling facility that provides for the extraction from solid waste of recoverable materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials.

Putrescible Wastes: Wastes that are capable of being quickly decomposed by microorganisms. Examples of putrescible wastes include but are not necessarily limited to kitchen wastes, animal manure, offal, hatchery and poultry processing plant wastes, dead animals, garbage and wastes which are contaminated by such wastes.

Recycling: Any process by which materials that would otherwise become solid waste are collected, separated, or processed and reused or returned to use in the form of raw materials or products.

Recycling Center, Collecting: Any facility utilized for the purpose of collecting materials to be recycled including, but not limited to, plastics, glass, paper and aluminum materials. A drop off point for temporary storage of recyclables, no processing or reprocessing of materials is allowed. Such use may be principal or accessory to a non-residential use on non-residentially zoned property.

Recycling Center, Reprocessing: A facility, in which recyclables, such as newspapers, magazines, cardboard, books and other paper products; glass; metal cans; and other products, are recycled, reprocessed and treated to return such products to a condition in which they may again be used in new products. This does not include the reprocessing or storage, bailing or otherwise dealing in scrap irons or other metals, used cloth, plumbing fixtures, appliances, brick, wood or other building materials; and the storage or accumulation outside of a storage building of used vehicle tires or tire carcasses. A recycling center is not to be considered a landfill.

Sludge: Any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.

Solid Waste: 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, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations and from community activities, but does not include recovered materials; 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).

Solid Waste Disposal Facility: Any facility or location where the final disposition of solid waste occurs and includes, but is not limited to, landfilling and solid waste thermal treatment technology facilities.

Solid Waste Handling: The storage, collection, transportation, treatment, utilization, processing, or disposal of solid waste, or any combination of such activities.

Solid Waste Handling Facility: Any facility, the primary purpose of which is the storage, collection, transportation, treatment, utilization, processing, or disposal, or any combination thereof, of solid waste.

Solid Waste Transfer Station: A facility used to transfer solid waste from one transportation vehicle to another for transportation to a disposal facility or processing operation.

Toxic Waste: Any combination of pollutants, including disease-carrying agents, that, after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, can cause death or disease, mutations, deformities, or malfunctions in such organisms or their offspring and that adversely affect the environment.

Yard Trimmings: Leaves, brush, grass, clippings, shrub and tree prunings, discarded Christmas trees, nursery and greenhouse vegetative residuals, and vegetative matter resulting from landscaping development and maintenance other than mining, agricultural, and silvicultural operations.

351 (b) Recycling collection location.

The following requirements apply to any recycling collection location:

351 (b) Materials Recovery/Salvage/Junk Facility.

Commercial recycling facilities shall comply with, as applicable, the rules of the Georgia Department of Natural Resources Environmental Protection Division; all applicable provisions of O.C.G.A. Section 12-8-230; and all regulations of the federal government.

Commercial recycling facilities must meet the following requirements:

In addition to the requirements that apply to all recycling facilities under Section 351 (c)(3), the following minimum standards apply to any recycling facility containing less than 2,000 square feet of floor space:

In addition to the requirements that apply to all recycling facilities under Section 351 (c)(3), the following minimum standards apply to any recycling facility containing 2,000 square feet of floor space or more:

In addition to the requirements under Sections 351 (c)(1) and 351 (c)(2), as applicable, the following minimum standards apply to all recycling facilities:

351 (c) Wood chipping/shredding and yard trimming composting facilities.

351 (d) Solid waste disposal facilities (landfills), incinerators, or transfer stations.

Privately operated non-inert solid waste disposal facilities, incinerators, or transfer stations shall comply with the following:

The EIA shall be submitted to the County for review prior to approval Such impact statement shall include but not be limited to the following:

351 (f) Inert waste landfills.

351 (g) Bury pits.

351 (h) Sewage treatment plants.

Sewage treatment plants must comply with the following requirements:

351 (i) Hazardous waste treatment and disposal facilities.

Biomedical waste disposal facilities and hazardous or toxic waste incinerators or transfer stations are subject to the following minimum requirements:

cost of review of monitoring plan shall be borne by the applicant.

Sections 12-8-60 through 12-8-82 inclusive and comply with all rules and regulations of the Georgia Department of Natural Resources, Environmental Protection Division including but not limited to Sections 391-3-11 inclusive, 391-3-4-.11, and 391-3-4-.15.

The EIA shall be submitted to the County for review prior to approval Such impact statement shall include but not be limited to the following:

The entrance or entrances shall be directly off a state or federal highway or a major or minor county thoroughfare as shown on the land use and thoroughfare as shown on the land use and thoroughfare plan. and truck traffic routes and entrances to the facility shall be approved by the county engineer.

Sec. 352 – Facilities for Computer Infrastructure Providers, Data Processing, Web Hosting, and Related Services Section 352(a) Additional Information Required Notwithstanding the provisions of this section, all facilities subject to this section will also be required to submit additional information, per Article 12, Section 1206, at the request of the Director of Development Services.

Section 352(b) Required Application Materials All facilities subject to the provisions of this section shall be required to submit the following information in addition to other minimum requirements of this code, with any application for a zoning action, special use permit, variance, land disturbance permit, or building permit.

Section 352(c) Distance requirements

Sec. 353 – Build-to-Rent Communities Build-to-Rent Communities include For Rent Communities as defined herein. For Rent Communities are distinguished from For Sale Communities, as defined herein. In all developments of Build-to-Rent Communities, the following provisions must be met.

For Rent means constructed for the express purpose and intent of offering to the general public for lease and not intended for sale.

For Rent Community means a residential subdivision or development with more than ten (10) percent of the dwellings therein occupied, or intended to be occupied by tenants rather than owners.

For Sale means constructed for the express purpose and intent of offering to the general public for purchase.

For Sale Community means a residential subdivision or development with no more than ten (10) percent of the dwellings therein occupied, or intended to be occupied by tenants, rather than owners.

Sec. 354 - Reserved.

Sec. 355 - Reserved.

Sec. 356 - Designated uses not allowed.

The following specific uses are not allowed in any zoning district in Douglas County:

Sec. 357 - Noxious manufacturing or industrial activities not allowed.

357 (a) Prohibited noxious or hazardous products.

A manufacturing or industrial activity that produces any of the following as products or by-products of the manufacturing process is prohibited:

357 (b) Prohibited noxious or hazardous processes.

A manufacturing or industrial use that involves any of the following is prohibited: