Forsyth County › Unified Development Code

Chapter 16 — Supplementary Regulations for Specific Uses, Article 4 — SUPPLEMENTARY REGULATIONS FOR SPECIFIC USES

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§ 16-4.1

Accessory Apartments, Attached.

In zoning districts where permitted, attached accessory apartments shall meet the following requirements:

(A)Only one attached accessory apartment shall be permitted on a lot, and an accessory apartment shall not be permitted in conjunction with a home occupation, professional home office, detached accessory apartment, or manufactured/mobile home permitted under hardship conditions.

(B)One additional off-street parking space is required, which must be located in a side or rear yard.

(C)At least four hundred (400) square feet of heated floor area shall be provided per occupant. The heated floor area for an accessory apartment shall be at least 400 square feet and shall not exceed 1,000 square feet or the size of the principal dwelling, whichever is less.

(D)The entrance to the accessory apartment shall be from a rear or side yard and shall not face the street to which the principal dwelling is oriented.

(E)Any additions to accommodate accessory apartments shall have exterior finishes or architectural treatments (e.g., brick, wood, stucco, etc.) of an appearance substantially similar to those on the principal dwelling.

(F)The Forsyth County Health Department must certify that existing or proposed water, sanitary sewer, and/or septic tank facilities are adequate to serve both the principal dwelling and the accessory apartment.

(G)The addition of an attached accessory apartment shall not count in density calculations.

§ 16-4.2

Accessory Apartments, Detached.

In zoning districts where permitted, detached accessory apartments shall meet the following requirements:

(A)Only one detached accessory apartment shall be permitted on a lot, and a detached accessory apartment shall not be permitted in conjunction with a home occupation, professional home office, attached accessory apartment, or manufactured home permitted under hardship conditions.

(B)One additional off-street parking space is required, which must be located in a side or rear yard.

(D)The entrance to the accessory apartment shall be from a rear or side yard and shall not face the street to which the principal dwelling is oriented.

(G)If the detached accessory apartment is a manufactured home, then it must meet applicable requirements for manufactured homes as specified in this chapter.

(H)Unless incorporated into an existing accessory structure (e.g., garage), detached accessory apartments shall be allowed in rear yards only.

(I)The addition of a detached accessory apartment shall count in density calculations.

§ 16-4.3

Accessory Structures in Residential Districts.

Accessory structures are permitted in all residential zoning districts. Accessory structures shall meet the following standards:

(A)The height of the accessory structure shall not exceed the height of the principal building.

(B)Accessory structures must be constructed in conjunction with or after the principal building is constructed.

(C)The following limitations on the allowable square feet of accessory structures exclude swimming pools.

The limitations are aggregate and may be distributed among any permitted accessory structures.

Finished spaces within the principal building shall exclude unheated areas such as porches, unfinished basements, garages and decks.

TABLE 16.2

Lot Size	Maximum Size
< 1 Acre	30% of the finished space within the principal building or 1,000 square feet, whichever is greater
> 1 Acre and < 3 Acres	60% of the finished space within the principal building or 1,000 square feet of building space per acre of lot area, whichever is greater
> 3 Acres	90% of the finished space within the principal building or 1,000 square feet of building space per acre of lot area, whichever is greater

located.

(F)Attached Accessory Apartments shall be regulated through Section 16-4.1.

(G)Detached Accessory Apartments shall be regulated through Section 16-4.2.

Reading grid · rebuilt for display · verify at source (p. 218) ↗

§ 16-4.4

Backyard Chickens.

In zoning districts where permitted, the following shall apply:

(A)The minimum lot size for the keeping of backyard chickens shall be one-half (½) acre.

(B)No more than eight (8) chickens are permitted on a lot.

(C)Chicken coops, chicken houses and/or roosting structures shall not require a building permit.

(D)All coops, houses and/or roosting structures shall be required to adhere to the minimum building setback performance standards that are in effect for the zoning district where the structure is to be built. However, in no event shall any such structure encroach within twenty (20) feet from the rear and side property lines, and fifty (50) feet from residential structures on adjacent properties. In the event of a conflict between any building setback performance standard for the zoning district where the structure is to be built, and the minimum setback requirements set forth in this section 16-4.4(D), the more stringent setback requirement shall control.

(E)The coop structure shall provide a minimum of five (5) square feet of floor space per chicken with at least one (1) nest box per five (5) chickens and perches that are raised a minimum of twelve (12) inches off the floor. Each nest box shall be twelve (12) inches by twelve (12) inches and there shall be a minimum of eight (8) linear inches of perch per chicken.

(F)The area shall be kept in a neat and sanitary condition and must be cleaned on a regular basis to prevent offensive odors, attraction of flies and/or vermin, the creation of an environment otherwise injurious to the public health and safety, or that would obstruct the free use of property so as to interfere with the comfortable enjoyment of life or property by members of the neighborhood or other persons.

(G)Roosters and any other crowing fowl are prohibited.

(H)The slaughter of any hen on site is strictly prohibited.

(I)Feed, feed supplements and medications shall be kept in fully enclosed, rodent-proof containers.

(J)Chickens shall be contained within the coop, house, and/or roosting structure whenever unattended.

When the owner is present in the yard, chickens shall be kept in an enclosure, such as a chicken tractor, to prevent them from causing damage, accidents or injury to any neighboring property or person.

(K)The provision must be made for the storage and removal of hen droppings and any dead birds. All stored droppings used for composting shall be fully covered or placed in an enclosure. Such enclosures must be setback a minimum of fifty (50) feet from all property lines. All other droppings not used for composting or fertilizing shall be removed. In addition, the coop, enclosure, and surrounding area must be kept free from trash and accumulated droppings. Dead chickens must be disposed of in a sanitary manner.

(L)No permission or allowance authorized by this Section shall supersede applicable private covenants.

(M)Properties in A1 zoning districts may elect to comply with the regulations governing backyard chickens;

however, this shall in no way limit the keeping of poultry or placement of a poultry house on properties in A1 zoning districts otherwise in compliance with this Unified Development Code.

§ 16-4.5

Build-to-rent.

(A)A build-to-rent development may be permitted in residentially zoned districts upon application for and receipt of a conditional use permit, and within master planned districts and mixed-use center districts.

(B)A build-to-rent development shall be comprised of only single-family detached dwellings.

(C)Short-term rentals shall not be permitted within build-to-rent developments.

(D)A build-to-rent development with seven (7) or more units must be managed by a single management company with an on-site office staffed at least one business day per week with standard business hours of 9:00 am to 5:00 pm. The on-site office shall be a stand-alone building that shall be similar in design and appearance to other buildings within the development.

§ 16-4.6

Commercial Athletic Fields, Outdoor.

(A)Outdoor lighting for outdoor commercial athletic fields shall:

(1)be designed to provide the minimum lighting necessary to ensure adequate safety, night vision, and comfort, and not create or cause excessive glare onto adjacent properties and public street right-of-way;

(2)be Full Cutoff;

(3)be designed so that any illuminated lighting faces are not visible to any residences within 600’ of the face; and

(4)be designed so as to minimize light spillage to not more than one (1) foot-candle along any residential or agricultural property line and two (2) foot-candles at any public street right-of-way, commercial, or industrial property line.

(B)Prior to the issuance of any permits for outdoor commercial athletic fields, a photometric plan sufficient to allow the evaluation of the impacts of any field illumination to be used must be tendered. Notwithstanding the foregoing sentence, lighting designed solely as security lighting shall not constitute field illumination necessitating prior review.

(C)The property on which an outdoor commercial athletic field is located shall maintain a forty foot (40’) exterior undisturbed buffer.

(D)The property on which an outdoor commercial athletic field is located shall maintain a fifty foot (50’) exterior setback.

(E)Alcohol may not be consumed on the premises.

(F)Cleanliness of the entire site shall be maintained by removing any trash, rubbish, or other debris deposited on the site.

(G)Landscaping shall be maintained and dead or damaged plants shall be replaced.

(H)Damaged elements of any building (such as but not limited to broken windows) and the site (such as but not limited to curb stops, parking stripes, dumpster screening) shall be repaired or replaced of damaged, dilapidated or in disrepair.

(I)Should any single occupant premise become vacant for more than 60 days, and the owner fails to maintain the property in accordance with the conditions above and upon notification from the County for such failure, the owner shall be subject to citation by the appropriate County Code Enforcement Officer and shall be subject to the maximum fine permitted for ordinance violations for each violation of any provision of this ordinance.

(J)The application must identify if a sound amplification or distribution system, such as a public address system or outdoor speaker system, will be utilized. Projects incorporating sound amplification or distribution systems will be required to address off-site noise impacts through additional buffers, strategic location of speakers and other appropriate site and system modifications. Even when sound abatement measures are employed, the use of sound amplification and distribution systems shall nonetheless be limited to the hours of 8:00 am to 10:00 pm. Applicants are required to submit a written evaluation of noise impacts for proposals involving sound amplification or distribution systems and the written evaluation shall be prepared by an acoustical engineer or similar professional trained in sound analysis and sound mitigation. The evaluation shall include information identifying the type of sound amplification or distribution system to be used, the maximum decibels likely generated by the system, the anticipated sound spillage to adjacent properties, the extent to which abatement measures will reduce spillage, and the anticipated maximum decibels that will impact the nearest residential unit.

§ 16-4.7

Commercial Recreational Facilities, Outdoor.

Outdoor commercial recreational facilities are typically accompanied by substantial off-site impacts and therefore require public scrutiny and approval only as conditional uses. Uses that propose night lighting other than incidental security lighting shall be required to submit a photometric plan to enable the evaluation of impacts from illumination. A written evaluation of noise impacts is required at the time the following conditional uses are considered: stadiums, amphitheaters, and race tracks for animals and motor driven vehicles; such projects may be required to construct noise attenuation walls or otherwise address off-site noise impacts. Traffic impact statements are required for stadiums, amphitheaters, racetracks for animals or motor-driven vehicles, and recreational vehicle parks, and the adequacy of existing road infrastructure shall be considered as one of the bases for approval or denial of such conditional uses.

§ 16-4.8

Condominiums.

If an applicant files a rezoning application requesting to rezone to the Res6 district, the applicant must specifically identify on the site plan submitted that the proposed development is being developed as condominiums. All condominium developments must meet the performance standards of the applicable zoning district and conform to the following requirements:

(A)Setbacks. All buildings must be setback at least 10 feet from the edge of the Right of Way or Access and Utility Easement. There shall be an exterior setback of 50 feet.

(B)Building Separation. Minimum building separation is 15 feet for single-family attached dwellings, duplexes, and quadplexes with a minimum building separation of 20 feet for multi-family dwellings.

(C)Units Per Building. For each condominium building there shall be no more than 6 units per building.

(D)Streets. All streets within a condominium development shall be built to County specifications and dedicated to the public; provided, however, that the rear of the condominiums may have vehicular access by way of a private access easement or alley.

(E)As-builts. Each condominium development or phase thereof shall have an asbuilt approved by the County, and the asbuilt shall be recorded with the Clerk of Court prior to a certificate of occupancy being issued for any unit or building.

§ 16-4.9

Convenience Stores.

(A)Convenience stores require a minimum of one half (0.5) acre.

(B)Fuel dispensing units in NS and UV shall be located a minimum of fifty (50) feet from all public right-of-ways and canopies over fuel dispensing units shall extend no closer than thirty-five (35) feet to any public right-of-way.

(C)Canopies. Canopies shall follow the requirements set forth in section 16-4.25.

§ 16-4.10

Data Centers.

The following requirements must be met for all data centers.

(A)A one hundred (100) foot minimum setback is required along all lot lines abutting a residential, OR, A1, or Ag-Res zoning district.

(B)A seventy-five (75) foot minimum buffer is required along all lot lines abutting a residential, OR, A1, or Ag-Res zoning district.

(C)Buildings shall be a minimum of twenty (20) feet in height.

(D)If used, no chain link fence shall be visible from the right-of-way.

(E)With the exception of testing activities, generator use is limited to emergency backup use only.

(F)Generator testing is limited to between the hours of 9:00 a.m. and 5:00 p.m.

(G)When measured at the boundary of any residentially zoned property, the sound level of the proposed data center shall not exceed sixty (60) dBA at any time and shall not exceed fifty-five (55) dBA during the hours of 9:00 p.m. to 7:00 a.m.

(H)All equipment related to ventilation and cooling systems shall be contained within an enclosed building subject to maximum building height requirements. The top of the building may allow for ventilation in areas where ventilation is necessary.

(I)If a hydro cooling system is used, it shall be installed by an insured cooling system company to certify and ensure there are no leaks. Cooling systems shall not connect to or use the County water system. In the event supplemental or emergency use of public potable water is required, the Director of the Department of Water and Sewer may provide approval for such use if the Director determines such use is consistent with best practice management of the County water system, is not detrimental to the ability to maintain a minimum level of service across the system, and is consistent with applicable permit requirements of the County water system. The Director may limit the public potable water used for such purposes based on time, volume, flow, or other metric, to maintain adequate water system conditions.

The Director is authorized to terminate any such temporary, supplemental, or emergency use when, in the discretion of the Director, such use is no longer consistent with the sound management of the County water system.

§ 16-4.11

Demolition of Historic Structures.

(A)Forsyth County has more than 400 properties that have been documented in the County’s historic resources survey. Preservation and maintenance of historic structures contribute to the cultural heritage of the County and are therefore in the long-term interest of the County. It is the intent of this section to provide an opportunity for preservation, but not to preclude demolition of historic structures.

(B)Applications for land disturbance on sites containing a historical structure and that propose the demolition of structures shall be reviewed by the director. In cases where a building or structure proposed for demolition is documented in the County’s historic resources survey, the following procedures shall apply:

(1)An automatic sixty (60) day delay on action regarding the demolition of the historic structure shall be invoked by the director to determine the significance of the historic building or structure and to allow time for the director to educate the property owner on potential rehabilitation programs and benefits as well as development options for preserving the building or structure. The automatic sixty (60) day delay on demolition of historic buildings and structures shall not apply to buildings or structures deemed by the director as in immediate danger to the health, safety, or welfare of the occupants, the owner, or the general public. During the sixty (60) day delay period, the director may issue the applicant’s land disturbance permit so long as measures satisfactory to the director have been taken to protect the historic building or structure from harm.

(2)The director may complete, or request from the historic sites division of the Georgia Department of Natural Resources or another agency or professional person with expertise in historic preservation, an investigation of the historical or cultural value of the building or structure proposed for demolition. The desirability, economic feasibility, historical value, current condition, costs of restoration or repair, prospects for relocation to another site, and integration into development plans shall be considered in such an investigation.

(3)The director shall present the results of the investigation to the property owner within forty-five days. The property owner shall have until the expiration of the sixty (60) day delay period to consider options for the historic building or structure and to choose his or her option, which may include rehabilitation, relocation to another part of the site, arrangement for the sale or donation and relocation of the building or structure to another site, integration of the structure into development plans, or demolition of the structure. The director shall respect the decision of the property owner and issue the permit for demolition, as originally requested, if that is the choice of the property owner. The director shall keep a record of the disposition of historic buildings and structures for future updates to the historic resources survey of the County.

§ 16-4.12

Dumpsters.

Dumpsters shall be prohibited in all residential districts, with the exception of those serving multifamily communities, or under any of the following circumstances:

(A)The dumpster is on-site for thirty (30) days or less when containing putrescible waste,

(B)The dumpster is on-site for ninety (90) days or less when containing inert debris or construction and demolition waste,

(C)The dumpster is associated with an active building permit or land disturbance permit,

(D)The dumpster is screened from view from all property lines.

The number of days a dumpster is on-site shall not reset based on relocation of the dumpster to another portion of the property or removal of the dumpster for a period of less than ninety (90) days.

§ 16-4.13

Fences and Walls.

Fences and walls, whether open or solid, and whether constructed of wood, metal, wire, masonry, or other material, shall be governed by the provisions of this section, except for agricultural and/or lots not located within a final platted subdivision are exempt from this section and its following requirements.

(A)Fences and freestanding walls up to forty eight (48) inches in height are allowed in front yards established by the zoning district in which the subject property is located. Fences up to eight (8) feet high are allowed in required side or rear setbacks. Building permits are required for fences and walls over six (6) feet in height.

(B)Regardless of height, Retaining Walls and Non-Integral Wing Walls are permitted in the setback.

Retaining Walls and Non-Integral Wing Walls over six (6) feet in height (measured from the bottom of the footing to the top of the wall) require a permit and must be engineered. Terraced combinations of walls that are separated by a distance greater than the height of the tallest individual section will be considered separate walls.

(C)Gates located in front yards shall be limited to no greater than six and one-half feet in height.

§ 16-4.14

Horse Stables, Non-commercial.

The maximum number of horses may not exceed one (1) horse per acre on any given lot. All stables, pens, corrals, or other structures for horses must be located a minimum of fifty

(50)feet from any property line. In addition, the boarding of horses must comply with all of the rules and regulations of the Forsyth County Health Department and all applicable state and federal rules and regulations.

§ 16-4.15

Hotels, Motels, Dual-brand Hotels, and Extended Stay Hotels and Motels.

16-4.15 Hotels, Motels, Dual-brand Hotels, and Extended Stay Hotels and Motels. The following

requirements must be met:

(A)Facilities shall feature a minimum of two (2) of the following amenities:

(1)Health or fitness club of at least 250 square feet

(2)Swimming pool

(3)A minimum of two meeting rooms of at least 350 square feet each

(4)Daily hot breakfast

(B)Guests shall be required to pass through an inside lobby, which is supervised by an on-premises employee at all hours the facility is open, in order to access guestrooms. Motels and Extended Stay Motels shall be exempt from this requirement.

(1)Establishments offering less than one hundred (100) guest rooms shall feature a lobby of at least seven hundred and fifty (750) square feet; those offering one hundred (100) guest rooms or more shall feature a lobby of at least one thousand (1000) square feet.

(C)Occupancy by any individual guest shall be limited to no more than thirty-five (35) continuous days and shall not reset based on the guest relocating to another room or the guest “checking out” or otherwise terminating occupancy for less than seven (7) days. Notwithstanding the occupancy limit for hotels and motels generally, for extended stay hotels and motels, individual guests may register, reside in, or occupy a room or rooms within the same facility for up to a continuous ninety (90) day period, however, guests shall not move from one room to another without a three (3) day vacancy in between.

§ 16-4.16

Junk Vehicles.

No junk vehicle, as defined in this Code, shall be parked or stand on any property in the unincorporated portions of Forsyth County unless:

(A)It shall be located away from public view from any property line; and

(B)It shall be on property appropriately zoned with a land use permit issued by the director for the operation of an automobile wrecking business or junk yard; and

(C)It shall be on the premises of a business enterprise operated in a lawful manner, when necessary to the operation of such business enterprise, or it shall be on property where the repair, remodeling, or reconditioning of vehicles in accordance with other provisions of this Code is the primary use; or

(D)They are junk vehicles on school grounds which are utilized for training purposes by the Forsyth County Board of Education or an institution of licensed under the proprietary school laws of the State of Georgia, or they are vehicles involved in an accident in which either police investigators or insurance investigators need the wreck to remain at or near where the accident occurred or at some other place where it may be inspected and evaluated for their purposes; or

(E)Farm vehicles or farm machinery which is used or which is located on a working farm.

The maintenance and presence of any junk vehicles on any property within the unincorporated portions of Forsyth County open to public view from any property line or otherwise not in compliance with this Code shall constitute a public nuisance.

§ 16-4.17

Junk Yards.

Any junk yard operated or maintained in unincorporated Forsyth County, including automobile junk yards, shall be screened from public view from any property line by a solid wall, planted screen, or similar opaque partition which shall not be less than six (6) feet in height. Such wall, screen, or partition shall comply in all respects with all setback requirements for the district in which it is located. The maintenance and presence of any junk vehicles on any property within the unincorporated portions of Forsyth County open to public view from any property line or otherwise not in compliance with this Code shall constitute a public nuisance.

§ 16-4.18

Livestock.

In Res1, the raising of livestock requires a conditional use permit. In addition to complying with the performance standards of Res1, the minimum lot size for livestock is two acres and no more than one animal qualifying as livestock per acre. All structures, pens or corrals housing livestock must be located at least 50 feet from any property line. In addition, the raising of livestock must be in compliance with all of the rules and regulations of the Forsyth County Health Department and all applicable state and federal rules and regulations.

§ 16-4.19

Manufactured/Mobile Homes.

Manufactured/mobile homes may be located, erected or installed only in those districts in which manufactured/mobile homes are a permitted use, as specified in Table 11.1(a), Table 11.1(b) and Table 15.1 unless otherwise specified by this Code. In zoning districts where permitted, all manufactured/mobile homes, whether located upon individual lots or within a manufactured/mobile home park, shall be subject to the following regulations prior to occupancy:

(A)Maximum Number Allowed. Only one (1) manufactured/mobile home shall be located on a given lot, except as specifically provided in Section 16-4.20, Manufactured/Mobile Homes for Health Hardships.

(B)Lot Size. The minimum lot size for a parcel with a single manufactured/mobile home located thereon shall be two (2) acres. Manufactured/mobile homes located within a Manufactured/Mobile Home Park shall comply with the lot size and site requirements set out in Article VIII of Chapter 11.

(C)Exterior. Exterior wall materials and finishes shall be comparable in composition, appearance, and durability to those commonly used in standard residential construction.

(1)The exterior wall covering shall be either wood, brick, stone, stucco, vinyl, or lap siding of hardboard.

(2)No metal siding shall be allowed.

(D)Roof. The roof shall have a minimum pitch of 3:12.

(E)Utility Equipment. Utility meters shall be located away from high visibility and usage areas.

(F)Prohibited Use. A manufactured/mobile home shall not be utilized as an accessory storage structure.

(G)License Required; Permit Purchase. Any installation of a manufactured or mobile home shall be performed by a licensed installer. No manufactured or mobile home shall be installed or set up on site without first obtaining a permit from the Georgia Office of Insurance and Safety Fire Commissioner and the department.

(H)Foundation. The home must be set on an appropriate foundation system.

(I)Skirting. Installation of skirting shall be required.

(1)All manufactured/mobile homes shall be skirted or underpinned. Any skirting or underpinning visible from the exterior of the home shall be brick, masonry, or siding that produces the appearance of these materials and shall completely enclose the perimeter of the undercarriage.

(2)Vinyl skirting shall be prohibited.

(J)Hauling Mechanisms. The transportation mechanisms, including wheels, axles, and hitch, must be removed.

(K)Installation Regulations. Manufactured/mobile homes shall be installed in accordance with rules for manufactured homes promulgated by the Georgia Office of Insurance and Safety Fire Commissioner, as may be amended from time to time, and the installation instructions from the manufacturer, as appropriate.

(L)Porches, Landings, and Decks. Porches, landings, and decks shall be self-supporting and shall be constructed in compliance with the International Residential Code as adopted and amended from time to time by the Georgia Department of Community Affairs.

§ 16-4.20

Manufactured/Mobile Homes for Health Hardships.

In the A1, R1, R2, LR, and Res1 districts, a manufactured or mobile home may be installed in the rear yard of a lot containing a detached single family dwelling, a manufactured home or a mobile home, in cases where (1) an affidavit exists from a medical practitioner, found acceptable by the Zoning Board of Appeals, that a health or health related problem of a family member warrants close proximity of that relative for care or monitoring purposes; or (2) said second dwelling on the lot is to be occupied exclusively by an individual who has attained the age of sixty-five (65) years or more. Such manufactured/mobile homes shall only be approved in the two instances described above, if they meet the following performance standards:

(A)Approved Septic System. The manufactured/mobile home can be connected to a public sanitary sewer or septic system with capacity available as approved by the health officer.

(B)Setbacks. The manufactured/mobile home meets the minimum required setbacks for principal buildings for the district in which it is located.

§ 16-4.21

Manufactured/Mobile Homes, Removal.

A location and utilization of the manufactured/mobile home approved pursuant to section 16-4.20 shall be temporary, not to exceed one (1) year; provided, however, that the director may renew the temporary use if no complaints have been received by the director. It shall be unlawful for another person to occupy a temporary manufactured/mobile home except as approved under the original hardship or age exception. A manufactured/mobile home placed pursuant to a Hardship Exemption as allowed in this section may not be rented to another individual once the condition justifying the hardship condition is alleviated. The director shall order the removal of a manufactured/mobile home in cases where the director finds that no hardship continues to exist, or the unit is no longer occupied by an elderly relative, in which case the owner of real property shall within thirty (30) days remove the manufactured/mobile home from the lot.

§ 16-4.22

Micro-breweries and Micro-distilleries.

(A)Minimum size of three thousand (3000) square feet.

(B)No outside storage, display or production.

(C)Patios must have enclosures with a minimum fence height of forty-two (42) inches around the patio area.

(D)If a brewery tasting room is provided, between twenty-five (25%) percent to seventy (70%) percent of the gross floor area of the facility shall be dedicated to the tasting room. If a distillery tasting room is provided, between ten (10%) percent to twenty-five (25%) percent of the gross floor area of the facility shall be dedicated to the tasting room.

(E)Only alcoholic beverages produced on the property may be served on site.

§ 16-4.23

Mobile Food Units.

(A)Mobile food units shall be considered an allowable accessory use, normally incidental to one or more permitted principal uses in commercial, industrial, or mixed-use zoning districts, Mobile food units may also be permitted as an accessory use in any zoning district while operating under any of the following circumstances:

(1)On property owned by a residential homeowner’s association, with explicit permission from the organization, and solely for the benefit of its membership.

(2)In conjunction with a special event as authorized by this code or other ordinance of Forsyth County.

(3)In conjunction with an agritourism business.

(4)On the premises of an established business for the private benefit of its employees.

(5)When sponsored by a government organization.

(B)Mobile food units shall be permitted to operate upon completion of all applicable health, safety, and licensing regulations set forth by the State of Georgia, Forsyth County, and any other government organization or entity with jurisdiction over the operation of said use. A permit for operation shall be issued by the department upon successful inspection by the Forsyth County Fire Marshal and shall be valid for a period congruent with fire marshal approval.

(C)Mobile food units shall not call attention to the operation of said activities either while traveling on the public rights-of-way or when the unit is stationary though the following means: creating sounds, playing music, making amplified announcements, the use of banners, balloons or flyers or similar means.

Painting, wrapping, and other means of applying words, pictures or designs directly on the vehicle shall not constitute prohibited “calling attention to” as described herein. At all times the use shall comply with the County's noise control requirements set forth in the Forsyth County Noise Ordinance.

(D)Mobile food units shall at all times comply with the Forsyth County Sign Ordinance and all parts of this code that regulate signage.

(E)A Forsyth County business license shall be required for all mobile food units with a permanent, physical presence (base of operations) located within unincorporated Forsyth County.

(F)The department may recommend to the Board of Commissioners the adoption of additional policies related to mobile food units as deemed necessary to promote the health, safety, welfare, morals, convenience, order, and prosperity of Forsyth County and its citizens; and to provide for attractive, economically viable areas for business and industry.

§ 16-4.24

Mobile Vendors.

(A)Mobile vendors shall operate only on property permitted for such use by this code and upon approval of the Planning Commission or Board of Commissioners.

(B)Mobile vendors shall comply with all applicable health, safety, and licensing regulations set forth by the State of Georgia, Forsyth County, and any other government organization or entity with jurisdiction over the operation of said use.

(C)A Forsyth County business license shall be required for all mobile vendors with a permanent, physical presence located within unincorporated Forsyth County.

(D)Unless otherwise specifically approved by the Planning Commission, mobile vendors shall comply with the following requirements:

(1)No sales or related activities shall disrupt controlled vehicular ingress and egress or occupy required off-street parking spaces.

(2)No sales or related activities shall disrupt pedestrian ingress and egress or occupy required internal sidewalks.

(3)No display shall be erected or installed, nor shall any activities take place within a required side or rear setback, a county or state right-of-way, or within fifty (50) feet of a county or state road.

(4)Vendors shall not call attention to the operation of said activities through the following means:

creating sounds, playing music, or making amplified announcements or similar means. At all times, the use shall comply with the County's noise control requirements set forth in the Forsyth County Noise Ordinance.

(E)Vendors shall at all times comply with the Forsyth County Sign Ordinance and all parts of this code that regulate signage.

(F)The department may recommend to the Board of Commissioners the adoption of additional policies related to mobile vendors as deemed necessary to promote the health, safety, welfare, morals, convenience, order, and prosperity of Forsyth County and its citizens; and to provide for attractive, economically viable areas for business and industry.

§ 16-4.25

Outdoor Lighting.

The following requirements are intended to provide the minimum lighting necessary to ensure adequate safety, night vision, and comfort, and not cause excessive glare, light trespass, and pollution onto adjacent properties and public street right-of-way.

(A)Applicability.

(1)Exempt lighting. The following outdoor lighting is exempt from lighting requirements as outlined in subsection (B):

(a)Underwater lighting used for the illumination of swimming pools and fountains;

(b)Lighting required and regulated by the Federal Aviation Administration, or other federal, state or local agency;

(c)Emergency lighting used by police, fire, or medical personnel, or at their direction;

(d)All outdoor lighting producing light directly from the combustion of fossil fuels, such as kerosene and gasoline.

(2)Prohibited lighting. The following outdoor lighting is prohibited:

(a)Neon and faux neon;

(b)Aerial lasers;

(c)Searchlights or similar lighting devices;

(d)For non-residential districts. Light garland, lighted rope, or string lights used to outline windows, roof lines, awnings, or other architectural building features or signs. String lights used for decorative lighting in adjacent open areas may be anchored to the building as long as it does not outline an architectural feature.

(B)Requirements.

(1)General. The following shall apply to all outdoor lighting:

(a)Light trespass. Outdoor lighting shall be located, aimed, or shielded to minimize glare and stray light trespassing across property boundaries and into the public right-of-way according to the requirements of each zoning district as outlined in the subsections below.

(b)Illumination levels. Illumination levels are measured from any height and orientation of the measuring device at any location along the property line, except the lighting of parking lots shall be measured at grade with the meter sensor held horizontally on the surface.

(2)Commercial and Industrial Zoning Districts. The following shall apply to all outdoor lighting in commercial and industrial zoning districts:

(a)All outdoor lighting shall be full cutoff except the following:

(i)Pedestrian lighting fourteen (14) feet in height or less may be cutoff or semi-cutoff.

(ii)Uplighting of flags, steeples, monuments, buildings, and landscaping must use narrow beam, shielded lighting so the bulb is not directly visible beyond the shielding to minimize glare. Illuminance at the level of the illuminated object shall not exceed ten (10) foot-candles. To minimize reflective glare, highly polished surfaces such as glass, marble, glazed tile, glazed brick, porcelain enamel, and highly reflective metals shall not be lighted directly.

(iii)Illuminated signage which shall adhere to the requirements outlined in subsection (4)

below.

(b)Outdoor lighting shall be designed to minimize light spillage to not more than one (1) foot-candle along any residential or agricultural property line and two (2) foot-candles along any public street right-of-way, commercial, or industrial property line.

(c)Outdoor lighting shall be limited to thirty-five (35) feet in overall height except under the following conditions when such lighting shall be limited to twenty-five (25) feet in overall height:

(i)Project adjacent to residential and/or agricultural property.

(ii)Project contains both commercial and residential uses.

(d)Security lighting.

(i)Security lighting shall be directed toward the targeted area.

(ii)Security lights intended to illuminate a perimeter, such as a fence line, shall include motion sensors and be designed to be off unless triggered by an intruder located within five (5) feet of the perimeter.

(e)Canopies. Drive-under canopies, including but not limited to those used at fuel stations and convenience stores with fuel dispensing units, shall only utilize recessed lighting.

(3)Residential, Agricultural, and MPD Zoning Districts. The following restrictions apply to lighting in residential, agricultural, and MPD zoning districts:

(a)All pole-mounted lights shall be full cutoff, cutoff, or semi-cutoff.

(b)Pole-mounted lights, amenity area lighting, and lighting for non-residential uses shall be designed to minimize light spillage to not more than one (1) foot-candle along any residential or agricultural property line and two (2) foot-candles along any public street right-of-way, commercial, or industrial property line.

(c)Pole-mounted lights shall be limited to twenty (20) feet in height for residential and agricultural zoning districts and twenty-five (25) feet in height for MPD zoning districts.

Commercial uses and Places of Worship within these districts shall comply with the lighting regulations outlined under Commercial and Industrial Zoning Districts. The director shall make the determination if a proposed use is considered commercial.

(4)Signage. Where permitted, illumination of signs must be in accordance with the following:

(a)Externally illuminated signage.

(i)All lighting of externally illuminated outdoor signs shall be shielded so the bulb is not directly visible beyond the shielding to minimize glare.

(ii)All lighting of externally illuminated outdoor signs shall be directed downward toward the sign.

(b)Internally illuminated signage.

(i)Background and letters. Because it is impossible to fully shield most internally illuminated outdoor signs, such signs shall be constructed with an opaque background and translucent letters and symbols in order to minimize the amount of light trespass and light pollution.

(ii)Reverse channel signage consisting of opaque letters and symbols, typically mounted several inches in front of an opaque surface, such as a wall, and illuminated by bulbs or other light emitters embedded within the letters or symbols themselves such that the letters and symbols stand out in front of the reflected light are permissible and encouraged.

§ 16-4.26

Places of Worship.

Prior to development of any associated accessory uses, approval of the site plan must be granted by the Board of Commissioners. For those accessory uses requiring sketch plat approval per Article V of Chapter 8 of this Code, the Board of Commissioners shall conduct the required public hearing. The director shall schedule the matter with the Board of Commissioners within 60 days of the receipt of the sketch plat application. If the accessory use is a school, a conditional use permit must be obtained.

§ 16-4.27

Poultry Houses.

In the A1, Agricultural District, poultry houses shall be setback a minimum of one hundred (100) feet from any property line.

§ 16-4.28

Sand Dredging Within Creek Banks.

The process of removing sand by pump action between the established banks of streams and creeks shall be allowed between the established banks of such waterways within all use districts in Forsyth County; provided, however, that written permission of the landowner is obtained from Forsyth County and the Georgia Department of Natural Resources, Environmental Protection Division; and, provided further, that all other necessary permits are obtained prior to the commencement of the operation.

§ 16-4.29

Seasonal Sales and Temporary Vending.

(A)All seasonal sales and temporary vending activities shall be subject to the requirements of this section unless explicitly exempted by any of the following criteria:

(1)Fund-raising sales activities conducted by a nonprofit organization.

(2)All sales activities conducted as part of an event sponsored by a government agency or in conjunction with a special event alcohol permit issued by Forsyth County.

(3)Any sales activity explicitly exempted through official action of the Board of Commissioners.

(B)Temporary Sales Permit. The issuance of a Temporary Sales Permit by the Department of Planning and Community Development shall be required before the commencement of any seasonal sales or temporary vending activities:

(1)Validity. A Temporary Sales Permit shall be valid for a period of no more than 45 consecutive days.

Up to four (4) permits may be issued per calendar year, per tax parcel.

(a)Permits may not be issued consecutively on the same parcel; a period of 15 days must elapse between the expiration of one permit and the issuance of another.

(b)No applicant, individual, or entity may be issued more than one (1) permit per tax parcel per calendar year.

(2)Application Requirements. The following items shall be provided to the department by the applicant prior to the issuance of a Temporary Sales Permit.

(a)A Forsyth County business license issued for the current year.

(b)Written permission from the property owner to locate on the property and to utilize restrooms for customer and employee use.

(c)A site plan showing the designated area on the property for the seasonal sales or temporary vending activities.

(d)All applicable approvals, permits, and/or licenses required by any other local, state, or federal governmental organization or entity having jurisdiction over the subject matter.

(e)The department may require additional information and documentation as deemed necessary by the director to promote the health, safety, welfare, morals, convenience, order, and prosperity of Forsyth County and its citizens and to provide for attractive, economically viable areas for business and industry.

(C)General Requirements. The following regulations shall apply to all sales activities governed by this section except for those exempted in section (A) above.

(1)No sales or related activities shall disrupt controlled vehicular ingress and egress or occupy required off-street parking spaces.

(2)No sales or related activities shall disrupt pedestrian ingress and egress or occupy required internal sidewalks.

(4)Vendors and merchants shall not call attention to the operation of said activities through the following means: creating sounds, playing music, making amplified announcements or similar means. At all times the use shall comply with the County's noise control requirements set forth in the Forsyth County Noise Ordinance.

(5)Vendors and merchants shall at all times comply with the Forsyth County Sign Ordinance and all parts of this code that regulate signage.

(D)The department may recommend to the Board of Commissioners the adoption of additional policies related to these activities and uses as deemed necessary promote the health, safety, welfare, morals, convenience, order, and prosperity of Forsyth County and its citizens; and to provide for attractive, economically viable areas for business and industry.

§ 16-4.30

Self-Service Storage.

(A)Area. The minimum lot size for a self-service storage development shall be two acres, and the maximum developed area for a self-service storage development shall be four acres.

(B)Storage Unit Specifications and Uses. Individual storage units shall not exceed eight hundred (800)

square feet and may not be used for the storage of hazardous materials or toxic substances. The use of individual storage units for living, sales, or hobbies is prohibited. No individual self-service storage building shall be more than two hundred (200) feet long. In the Heavy Commercial (HC) and Business Park (BP) districts, self-service storage developments are limited to single-story buildings. Multi-story buildings are permitted for self-service storage developments in the Highway Business (HB)

Commercial Business District (CBD) district, the Restricted Industrial District (M1), and the Heavy Industrial District (M2).

(C)Access. Access to self-service storage developments is limited to passenger vehicles and two-axle trucks (no semis are permitted). Interior drives between buildings shall be a minimum of twenty (20) feet wide.

(D)Right-of-way Screening Required. Fencing adjacent to a public right-of-way shall be required for self-service storage mini-warehouses, in the form of an architecturally finished wall.

(E)Outdoor Storage. Outdoor storage is prohibited unless an open storage yard is permitted in the zoning district in which the development is located.

(F)Hours of Operation. Self-service storage developments shall not be accessible to the general public (excluding on-site managers) between the hours of midnight and 5:00 a.m.

(G)Separation Distances Between Self-Service Storage businesses. Separation distances between self-service storage businesses shall be applicable for and measured between the lot of the proposed self-service storage businesses and the lot of any existing self-service storage business. A self-service storage business shall be deemed to exist when it has received land development or building permit approval from the County. Separation distances shall be measured by a straight line connecting the closest distance between the lots. The minimum separation distance shall be three fourths (¾) of a mile. No two self-service storage businesses shall be located on the same lot. The above separation requirements do not apply to renewal of a license or to applicants seeking a new license for a location previously licensed by Forsyth County as a self-service storage business.

§ 16-4.31

Reserved.

§ 16-4.32

Sheds.

In A1 zoning districts, sheds shall be allowed without a building permit provided that the shed meets the following requirements:

(A)The shed shall be no larger than two hundred (200) square feet,

(B)The shed shall not be outfitted for or serviced by any electrical, mechanical, or plumbing system, and

(C)The shed shall comply with all setbacks.

All other sheds shall require building permits.

§ 16-4.33

Short-term Rental.

(A)Short-term Rentals may be permitted only in agriculturally and agricultural-residentially zoned properties, and only upon application for and receipt of a conditional use permit.

(B)In addition to the General Considerations for Decision and the Special Considerations for Decision set forth in Section 8-5.5 of this Unified Development Code, the Board shall consider and may condition approval of an application for a conditional use permit based on the following:

(1)Overnight occupancy and the number of guests expected to occupy the premises;

(2)Daytime occupancy and the number of guests permitted on the premises;

(3)The number of bedrooms;

(4)The capacity of the paved or impervious surface parking lot;

(5)Lot size;

(6)Distance from the structure to be used as a Short-term Rental from all neighboring property lines;

and

(7)Sewer capacity and/or size and condition of the on-site septic system, as applicable.

(C)No conditional use permit granted for a Short-term Rental shall become effective until January 1, 2020, and use of any property as a Short-term Rental may not commence until the effective date of the conditional use permit.

(D)Pursuant to Board of Commissioner action taken on May 21, 2019, those modifications to the Unified Development Code approved April 18, 2019 regarding Short Term Rentals shall not be subject to enforcement or citation until January 1, 2020. This paragraph shall be retroactive to May 21, 2019.

§ 16-4.34

Reserved.

§ 16-4.35

Townhouses.

Townhouse subdivisions are not subject to the minimum lot width standards specified in Table 11.2(a) and Table 11.2(b), but shall conform to the following requirements:

(A)Subdivision Plat Approval Required. Each townhouse development or phase thereof shall require subdivision plat approval in accordance with Chapter 18 of this ordinance and resolution.

(B)Streets. All streets within a townhouse development shall be built to County specifications and dedicated to the public; provided, however, that the rear of townhouses may have vehicular access by way of a private access easement or alley.

(C)Lot Size. Each single family attached dwelling unit must be on a lot of at least 2,500 square feet.

(D)Minimum Lot and Unit Width. Each lot shall be at least twenty-four (24) feet wide. The minimum width of each unit shall also be twenty-four (24) feet.

(E)Setbacks. On interior lots the side setback on the side containing the common wall is reduced to zero.

The site setback on the side opposite the common wall must meet the requirement for the side yard for the zoning district in which it is located.

(F)Units Per Building and Roof Variations. To avoid a monotonous appearance, for any given building, no more than six (6) units may have common walls i.e., no more than six (6) units per building. Any building containing more than three (3) units with common walls must have the roof of each attached unit distinct from the other through separation or offsets in roof design.

§ 16-4.36

Transportation and Utility Facilities.

These facilities are permitted only as conditional uses because of various off-site impacts that may result there from, including but not limited to, generation of waste, danger of explosion, crash, or bodily injury and dangers to adjacent land uses, substantial surface, air, or water traffic, noise exceeding levels fit for safety to the human ear, offensive or unpleasant odors, noxious gases and fumes, excessive temporary or sustained vibration, electromagnetic radiation, environmental degradation through spillage of chemicals or fuels, and aesthetic effects, among others. Prior to the approval of any use defined as a transportation and utility facility, the applicant shall submit a project impact statement that addresses the potential for effects cited in this section and, where such effects are found to be present when such activities are initiated, measures that will mitigate such effects. The County may consult with state and/or federal agencies with or without direct regulatory authority over such uses and shall be allowed an additional sixty (60) days beyond normal processing times for such conditional uses described in this section.

§ 16-4.37

Vehicle Sales Dealerships or Vehicle Rental Establishments.

(A)Establishments that sell, rent, or lease vehicles must provide parking specifically identified and devoted to customers.

(B)Adequate space must be allocated, specifically identified, and reserved on the site for the unloading of vehicles brought to the site by car carriers.

(C)It shall be a violation to park vehicles for sale, rent, or lease in customer parking or unloading areas.

(D)When abutting a residential zoning district or office residential district, vehicle sales dealerships or vehicle rental establishments require submittal and approval of a photometric plan for lighting to ensure compatibility with adjacent land uses.

(E)Outside loudspeakers shall not be permitted.

(F)The operation of vehicles on the dealership property so as to create unreasonable noise and to disturb the peace, quiet and comfort of the inhabitants of surrounding properties is prohibited.

(G)The following shall apply to all used vehicle sales dealerships:

(1)A minimum of one (1) acre of paved surface is required to be reserved solely for display of vehicles.

Areas used for buildings, offices, service and repair, or employee and customer parking shall not be included in the calculation of the minimum paved surface.

(a)The area used for the parking and display of vehicles must contain a stabilized base of not less than four (4) inches covered by a minimum of two (2) inches of pavement.

(b)Pavement shall be made of concrete, asphalt pavement, or other dust-free surface.

(2)All vehicles for sale shall be parked in designated parking spaces clearly identified through the use of striping. The location of each parking space must be clearly identified on the site plan.

(3)All parked, stored, or displayed vehicles shall be set back at least ten (10) feet from all public rights of way and shall not encroach upon any sidewalk or landscape strip.

(4)Parts, materials, supplies, and equipment shall be stored inside an enclosed building.

(5)The storage of junk and impounded vehicles is prohibited.

(6)No inoperative vehicle nor any part thereof shall be sold or advertised for sale on the premises.

(7)The dismantling of vehicles for salvage or sale of parts is prohibited.

(8)Where a used vehicle sales dealership also includes vehicle repair or service, the following shall also apply:

(a)Automotive services and repairs shall only be performed on vehicles that are to be sold on the premises.

(b)Vehicles awaiting service or repair shall be stored inside an enclosed building or on the side or rear yard and screened from view from the right-of-way in accordance with section 12-10.9.

(c)No more than four (4) vehicles shall be awaiting service or repair outside of an enclosed building at any one (1) time.

(d)Vehicles awaiting service or repair outside are permitted to be parked for no longer than seventy-two (72) hours before they shall be considered junk vehicles regardless of whether or not the vehicle is located within public view, except under the following circumstances:

(i)Vehicles may exceed the allotted time threshold when awaiting shipped parts for repair or in the event that a motor vehicle title is in the process of being secured due to abandonment, but no more than two (2) vehicles may be parked outdoors based on such occurrences at a given time.

(e)All service and repair activities must be conducted entirely within an enclosed building. Bay doors shall be kept closed unless a vehicle is entering or exiting the building.

(f)New facilities shall be designed with bays facing away from the primary street frontage.