Madison County, Georgia

Madison County, Georgia

1901 1996

Zoning Ordinance

Subdivision Regs.

Mobile Home Park Regs.

Stormwater Regs.

Codified Dec. 2, 2013

MADISON COUNTY

ZONING ORDINANCE

TABLE OF CONTENTS

ARTICLE I: PURPOSE AND ENACTMENT

Section 1.1 Objectives 1-1

Section 1.2 Legislative Authority 1-1

Section 1.3 Method of Regulation 1-1

Section 1.4 Jurisdiction 1-1

ARTICLE II: SHORT TITLE 2-1

ARTICLE III: DEFINITION OF TERMS

Section 3.1 Definitions 3-1

ARTICLE IV: GENERAL PROVISIONS

Section 4.1 Establishment of Districts 4-1

Section 4.2 Official Zoning Map 4-1

Section 4.3 Map Amendment 4-1

Section 4.4 Rules for Determining Boundaries 4-2

Section 4.5 Soil Erosion 4-2

ARTICLE V: APPLICATION OF REGULATIONS

Section 5.1 Use 5-1

Section 5.2 Building Height 5-1

Section 5.3 Lots 5-1

Section 5.4 Yards 5-2

Section 5.5 Minimum Distance Between Buildings 5-2

Section 5.6 Number of Buildings 5-2

ARTICLE VI: GENERAL PROVISIONS

Section 6.1 Non-Conforming Buildings and Uses 6-1

6.1.1 Definitions 6-1

6.1.2 Limitations to Non-conforming Structures 6-1

6.1.3 Limitations to Non-conforming Uses 6-2

6.1.4 Limitations to Non-conforming Lots 6-2

6.1.5 Change of ownership 6-2

Section 6.2 Off-Street Automobile Parking 6-2

6.2.1 General Requirements 6-3

6.2.2 Parking Space Requirements for All Districts 6-3

6.2.3 Parking Area Site Requirements 6-6

Section 6.3 Off-Street Loading and Unloading Space 6-8

6.3.1 Size of Off-Street Loading Spaces 6-8

6.3.2 Connection to Street or Alley 6-8

6.3.3 Floor Area Over 10,000 Square Feet 6-8

6.3.4 Floor Area less than 10,000 Square Feet 6-9

6.3.5 Bus and Trucking Terminals 6-9

6.3.6 Location of Off-Street Loading Spaces 6-9

6.3.7 Permanent Reservation 6-9

Section 6.4 Control of Curb Cuts and Vision Clearance 6-9

6.4.1 Curb Cuts 6-9

6.4.2 Vision Clearance 6-9

Section 6.5 Classification of Streets 6-9

6.5.1 Arterial streets 6-9

6.5.2 Collector streets 6-9

6.5.3 Local residential 6-9

6.5.4 Local Commercial and Industrial streets 6-10

6.5.5 Cul-De-Sac 6-10

6.5.6 Frontage roads 6-10

Section 6.6 Storage and Parking of Recreational Vehicles, Trailers, and Other Vehicles 6-10

Section 6.7 Lighting 6-11

Section 6.8 Site and Sketch Plans 6-11

6.8.1 Site Plans 6-11

6.8.2 Sketch Plans 6-12

ARTICLE VII: USE PROVISIONS BY DISTRICT

Section 7 Use Provision by District Chart 7-1

Section 7.1 A-1 Agricultural District (Intensive Farming) 7-8

7.1.1 Permitted Uses 7-8

7.1.2 Conditional Uses 7-10

Section 7.2 A-2 Agricultural District (General Farming) 7-11

7.2.1 Permitted Uses 7-11

7.2.2 Conditional Uses 7-13

Section 7.3 RR Rural Residential (formerly Agricultural/Residential) 7-14

7.3.1 Permitted Uses 7-14

7.3.2 Conditional Uses 7-15

Section 7.4 R-1 Single Family Residential 7-16

7.4.1 Permitted Uses 7-16

7.4.2 Conditional Uses 7-17

Section 7.5 R-2 Medium Density Single-Family and Two-Family Residential 7-17

7.5.1 Permitted Uses 7-17

7.5.2 Conditional Uses 7-18

Section 7.6 R-3 Multi-Family District 7-19

7.6.1 Permitted Uses 7-19

7.6.2 Conditional Uses 7-20

Section 7.7 B - Business District 7-21

7.7.1 Permitted Uses 7-21

7.7.2 Conditional Uses 7-23

Section 7.8 Deleted

Section 7.9 Industrial District 7-24

7.9.1 Permitted Uses 7-24

7.9.2 Conditional Uses 7-25

Section 7.10 PUD Planned Unit Development 7-26

7.10.1 Types of Planned Unit Developments 7-26

7.10.2 Ownership Control 7-26

7.10.3 Standards Applying to All Planned Unit8Developments 7-26

7.10.4 Stan8ards Applying to Planned Residential Unit Devlopments 7-27

7.10.5 Procedural Requirements 7-29

Section 7.11 C-SP Conservation/Scenic Preservation District 7-30

7.11.1 Permitted Uses 7-31

Section 7.12 WP Watershed Protection District 7-31

7.12.1 Definitions 7-31

7.12.2 Districts Established 7-31

7.12.3 Permit Required 7-31

7.12.4 Site Plan Requirements 7-32

7.12.5 Land Use Restrictions 7-32

7.12.6 Impervious Surface Limitations 7-33

7.12.7 Storm Water Runoff Controls 7-33

Section 7.13 FP Flood Prone District 7-34

7.13.1 Permitted Uses 7-34

7.13.2 Procedure for Correcting an Error in FP Flood

Prone Zoning District Boundary Line 7-35

Section 7.14 RIV - River Corridor District 7-35

7.14.1 Definitions 7-36

7.14.2 Applicability 7-36

7.14.3 Protection Criteria 7-36

7.14.4 Permitted Activities within the river corridor 7-36

7.14.5 Prohibited Activities within the river corridor 7-37

7.14.6 Permits 7-37

7.14.7 Variances 7-38

7.14.8 Appeal Procedures 7-38

Section 7.15 CSO – Conservation Subdivision Overlay District 7-38

7.15.1 Conservation Subdivisions 7-38

7.15.2 Purpose 7-39

7.15.3 Density and Minimum Lot Size 7-40

7.15.4 Requirements of Open Space 7-40

7.15.5 Required Improvements 7-41

7.15.6 Ownership of Open Space 7-41

7.15.7 Ownership and Enforcement of Conservation Easement 7-41

7.15.8 Public Dedication of Streets 7-42

ARTICLE VIII: AREA, YARD AND HEIGHT REQUIREMENT AND COMMERCIAL DRIVEWAYS

Section 8.1 Minimum Lot Size, Minimum Building Square Footage, etc. 8-1

Area, Yard and height requirements chart 8-2

Section 8.2 Minimum Road Frontage, Private Access Drives 8-3

8.2.1 Private access drive and easement requirements 8-3

Section 8.3 Commercial Driveways 8-4

8.3.2.1 Access for Commercial Driveways 8-4

8.3.2.2 Driveway Spacing 8-5

8.3.2.3 Commercial Driveway Alignment 8-5

8.3.2.4 Minimum Pavement One-way Operation 8-6

8.3.2.5 Minimum Pavement Two-way Operation 8-6

8.3.2.6 Curve Radius 8-6

8.3.2.7 Easement for shared use 8-6

8.3.2.8 Shared Commercial Driveway 8-6

8.3.2.9 Throat Length 8-6

8.3.2.10 Placement of Commercial Driveway 8-7

8.3.2.11 Commercial Driveway connect w/public road 8-7

8.3.2.12Minimum Spacing between Commercial Driveway,

Corner lots 8-7

8.3.2.13 Site Distance Requirements 8-8

8.3.2.14 Visibility Clearance 8-9

8.3.2.15 Deceleration Lanes 8-9

8.3.2.16 Curbs and Gutters 8-10

8.3.2.17 Required slope, centerline elevation, valley grade 8-10

8.3.2.18 Drainage for Commercial Driveway 8-10

8.3.2.19 Commercial Driveway Permitting Requirements 8-11

8.3.2.20 Driveway Design Approval 8-11

8.3.2.21 Commercial Driveway Appeal 8-11

8.3.2.22 Commercial Driveway connection w/Federal or

State Road 8-12

Section 8.4 Lot Requirements 8-12

8.4.1 Minimum lot sizes, widths, set-backs 8-12

8.4.2 Maximum height for buildings in all zoning districts 8-12

8.4.3 Vision Clearance 8-12

8.4.4 Access to Public Streets 8-12

8.4.5 Corner Lots 8-12

Section 8.5 Single-Family dwellings per lot 8-13

8.5.1 Single-family dwellings per lot 8-13

8.5.2 Medical Hardships 8-13

Section 8.6 Recreational Vehicles as Temporary Residence 8-14

ARTICLE IX: SPECIAL PROVISIONS

Section 9.1 Manufactured Homes, Mobile Homes, and Recreational Vehicles 9-1

9.1.1 Recreational Vehicle Parks 9-1

9.1.2 Manufactured Home Parks 9-3

9.1.3 Individual Mobile Homes or Individual Manufactured

Homes 9-3

9.1.3.1 Limitations 9-3

9.1.3.1(a) Safety & Health Inspection…………………………….. 9-3

9.1.3.2 Building and Occupancy Permits 9-5

9.1.3.3 Application Requirements 9-5

9.1.3.4 Temporary Usage 9-7

9.1.3.5 Manufactured Home Subdivisions 9-7

Section 9.2 Townhouses, Condominiums, Apartments, and Multi-Family

Dwellings 9-7

9.2.1 Townhouses and Condominiums 9-7

9.2.2 Apartments and Multi-Family Dwellings 9-9

Section 9.3 Accessory and Temporary Buildings 9-10

9.3.1 Accessory Buildings 9-10

9.3.2 Temporary Buildings and Usage 9-11

Section 9.4 Storm Shelters 9-12

Section 9.5 Home Occupation 9-12

9.5.1 Residential Home Occupation 9-12

9.5.2 Rural Home Occupation 9-14

Section 9.6 Automobile Service Stations 9-15

9.6.1 Location 9-15

9.6.2 Site Requirements 9-15

9.6.3 Access to Site 9-16

9.6.4 Gasoline Pump Islands 9-16

9.6.5 Off-Street Parking 9-16

9.6.6 Other Site Improvements 9-16

9.6.7 Storage of Inflammable Products 9-16

Section 9.7 Cemeteries 9-17

9.7.1 Public Cemeteries 9-17

9.7.2 Religious Cemetery 9-17

Section 9.8 Automobile Junk Yards 9-18

Section 9.9 Farm-based business 9-18

Section 9.10 Bed and Breakfast 9-19

Section 9.11 Clubs and Fraternal Organizations 9-20

Section 9.12 Outdoor Storage Yards 9-20

Section 9.13 Mining 9-20

Section 9.14 Non-operating Vehicles In Residential Zones 9-20

Section 9.15 Transmission Towers 9-21

9.15.3 Registration and Notice 9-21

9.15.4 Requirements for telecommunications facilities 9-21

9.15.5 Placement of telecommunications facilities by zoning

district 9-22

9.15.6 Preferred location sites 9-22

9.15.7 Conditional use permit 9-22

9.15.8 Landscaping 9-23

9.15.9 Abandoned Towers 9-24

Section 9.16 Caretaker or Employee Dwellings 9-24

Section 9.17 Notice of Agricultural Adjacency 9-25

Section 9.18 Private Airstrips 9-25

Section 9.19 Limited Day Care 9-26

Section 9.20 Sanitary Systems 9-27

ARTICLE X: SIGNS

Section 10.1 Purpose and Intent 10-1

Types of Signs 10.1.1 Purpose of Regulations 10-1

Section 10.2 Applicable Code 10-1

Section 10.3 Permitted as Accessory Use 10-1

Section 10.4 Permit Required 10-1

Section 10.5 Permit Application 10-1

Section 10.6 Permit Fee 10-1

Section 10.7 Prohibited Signs 10-1

Section 10.8 Exempt Signs 10-2

Section 10.9 Signs in A1, A2, RR, R1, R2, R3 10-2

Section 10.10 Sign in B and I 10-2

Section 10.11 Maximum Sign Height 10-3

Section 10.12 General Requirements 10-3

Section 10.13 Variances Permitted 10-3

Section 10.14 Dangerous or Unlawful Signs 10-4

Section 10.15 Political Signs 10-4

Section 10.16 Conformance to State ……………………………………………....10-4

Section 10.17 Definitions …………………………………………………………10-5

ARTICLE XI: EXCEPTIONS AND MODIFICATIONS

Section 11.1 Area Variances 11-1

Section 11.2 Use Variance 11-1

Section 11.3 Conditional Uses 11-2

Section 11.4 Application Requirements for Conditional Use and Variances 11-3

11.4.1 Minimum requirements for applications 11-3

Section 11.5 Public Hearings and Procedures for Conditional Uses 11-3

11.5.1 Public hearing requirements 11-3

Section 11.6 Public Hearings and Procedures for Variance Applications 11-6

11.6.1 Public Hearings for Variance requests 11-6

Section 11.7 Denial of Application 11-7

Section 11.8 Developments of Regional Impact 11-8

Section 11.9 Sign Variances 11-8

Section 11.10 Administrative Variances 11-8

11.10.1 Administrative Variance conditions 11-9

11.10.2 Administrative Variance shall not exceed adjustments 11-9

11.10.3 Variance Application Information Requirement 11-9

ARTICLE XII: ADMINISTRATION, ENFORCEMENT AND PENALTIES

Section 12.1 Zoning Administrator 12-1

Section 12.2 Building Permit Required 12-1

Section 12.3Application for Building Permit 12-1

Section 12.4 Construction Progress 12-2

Section 12.5.Certificate of Occupancy Required 12-2

Section 12.6 Denial of Certificate of Occupancy 12-3

Section 12.7 Penalties for Violation 12-3

Section 12.8 Remedies 12-3

Section 12.9 Inspections 12-3

ARTICLE XIII: APPEAL PROCEDURES

Section 13.1 Appeal to the Planning and Zoning Commission 13-1

Section 13.2 Appeal from the Planning and Zoning Commission 13-1

Section 13.3 Appeal from the Board of Commissioners 13-1

Section 13.4 Stay of Proceedings 13-1

ARTICLE XIV: AMENDMENTS

Section 14.1 Amendment Procedure Jurisdiction 14-1

Section 14.2 Application for Amendments 14-1

Section 14.3 Public Hearings, Procedures, and Rezoning Standards 14-3

14.3.1 Public Hearing Required 14-3

14.3.2 Applicant Notification 14-3

14.3.3 Publication of Notice 14-3

14.3.4 Sign 14-3

14.3.5 Official action 14-4

14.3.6 Notice to Adjacent Property Owners 14-4

14.3.7 Planning and Zoning Commission Action 14-5

14.3.8 Board of Commissioners Action 14-5

14.3.9 Zoning Amendment Criteria 14-6

14.3.10Action by County to Rezone Property to original

Zoning 14-7

14.3.11 Procedure for Conducting a Public Hearing 14-7

ARTICLE XV: DISCLOSURE OF FINANCIAL INTERESTS

Section 15.1 Disclosure of Financial Interests 15-1

ARTICLE XVI: LEGAL STATUS PROVISIONS

Section 16.1 Conflict with Other Laws 16-1

Section 16.2 Separability 16-1

Section 16.3 Repeal of Conflicting Regulations 16-1

Section 16.4 Incorporation by Reference of Maps 16-1

Section 16.5 Copies 16-1

16.5.1 Planning and Zoning Commission Copy 16-1

16.5.2 County Work Copy 16-1

16.5.3 Minute Book Original 16-1

Section 16.6 Enforcement 16-2

Section 16.7 Legal Form and Sufficiency 16-2

Section 16.8 Effective Date 16-2

ARTICLE I: PURPOSE AND ENACTMENT

Section 1.1 Objectives

This ordinance is for the purpose of setting forth standards and permissible uses designed to conserve and protect the natural, economic and scenic resources of Madison County; health, aesthetics, morals, convenience, order, prosperity and general welfare; to provide adequate light and air; to protect natural resources; to prevent the overcrowding of land; to promote desirable living conditions and stability of neighborhoods; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements by dividing Madison County into districts of such size and shapes as may be best suited to carry out the purposes of the legislative act and of this ordinance.

Section 1.2 Legislative Authority

The Board of Commissioners of Madison County, Georgia under the authority of Article IX, Section 2, Paragraph 4 of the Constitution of the State of Georgia and Chapter 66, Title 36 of the Official Code of Georgia Annotated, and for the purpose of promoting the health, safety, morals, convenience, order, prosperity, and the general welfare of the county and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and avoid the overcrowding of land, to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other requirements, ordains and enacts into law the Official Zoning Ordinance for unincorporated Madison County, (for planning, zoning and subdivision control purposes).

Section 1.3 Method of Regulation

The Board of Commissioners of Madison County, Georgia, as authorized by the Constitution of the State of Georgia, adopts zoning regulations for the following purposes: to define certain words used therein; to create zone boundaries; to regulate the location of trades, professions, businesses, and industries; to regulate the density in distribution of population; to provide for the gradual elimination of nonconforming uses of land, buildings and structures; to provide for the method of administration, amendment and enforcement; to provide for the imposition of penalties for violations; repeal conflicting ordinances and resolutions; and for other purposes.

Section 1.4 Jurisdiction

This zoning ordinance shall govern the use of all land and development within the unincorporated limits of Madison County, Georgia and within the limits of any inactive municipality in accordance with O.C.G.A. §36705.

1-1

ARTICLE II: SHORT TITLE

This ordinance shall be known and may be cited as "The Zoning Ordinance for Madison County, Georgia.”

2-1

ARTICLE III: DEFINITION OF TERMS

Section 3.1 Definitions Amended 8/5/2013

Except as otherwise provided herein, all words shall have their customary dictionary meaning. The present tense includes the future tense. The singular number includes the plural and the plural includes the singular. The word "person" includes a firm, corporation, association, organization, trust or partnership. The word "lot" includes "plot" or "parcel". The word "building" includes "structure". The word "shall" is always mandatory. The word "used" or "occupied", as applied to any land or building, shall be construed to include the words "intended, arranged, or designed to be used or occupied". The word "used" shall be deemed also to include "designed", "intended", or "arranged to be used". The term "erected" shall be deemed also to include "constructed", "reconstructed", "altered", "placed", or "moved". The word "land use" and "use of land" shall be deemed also to include "building use" and "use of building". The word "adjacent" means "nearby" and not necessarily "contiguous". The word "map" means the "Official Zoning Districts Map for Madison County, Georgia".