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
Section 1.2
Section 1.3
Section 1.4
Objectives ..........................................................................................1-1
Legislative Authority .........................................................................1-1
Method of Regulation ........................................................................1-1
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
Section 4.2
Section 4.3
Section 4.4
Section 4.5
Establishment of Districts ..................................................................4-1
Official Zoning Map ..........................................................................4-1
Map Amendment ...............................................................................4-1
Rules for Determining Boundaries ....................................................4-2
Soil Erosion........................................................................................4-2
ARTICLE V: APPLICATION OF REGULATIONS
Section 5.1
Section 5.2
Section 5.3
Section 5.4
Section 5.5
Section 5.6
Use .....................................................................................................5-1
Building Height ..................................................................................5-1
Lots ................................................................................................5-1
Yards ..................................................................................................5-2
Minimum Distance Between Buildings .............................................5-2
Number of Buildings ........................................................................5-2
ARTICLE VI: GENERAL PROVISIONS
Section 6.1
Section 6.2
Section 6.3
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
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
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
Section6.4
Section 6.5
Section 6.6
Section 6.7
Section 6.8
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
Control of Curb Cuts and Vision Clearance ......................................6-9
6.4.1 Curb Cuts ...............................................................................6-9
6.4.2 Vision Clearance ....................................................................6-9
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
Storage and Parking of Recreational Vehicles, Trailers, and Other
Vehicles..............................................................................................6-10
Lighting ..............................................................................................6-11
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
Section 7.1
Section 7.2
Section 7.3
Section 7.4
Section 7.5
Section 7.6
Section 7.7
Section 7.8
Section 7.9
Section 7.10
Use Provision by District Chart .........................................................7-1
A-1 Agricultural District (Intensive Farming) ..................................7-8
7.1.1 Permitted Uses .......................................................................7-8
7.1.2 Conditional Uses ....................................................................7-10
A-2 Agricultural District (General Farming) ....................................7-11
7.2.1 Permitted Uses .......................................................................7-11
7.2.2 Conditional Uses ....................................................................7-13
RR Rural Residential (formerly Agricultural/Residential) ...............7-14
7.3.1 Permitted Uses .......................................................................7-14
7.3.2 Conditional Uses ....................................................................7-15
R-1 Single Family Residential ...........................................................7-16
7.4.1 Permitted Uses .......................................................................7-16
7.4.2 Conditional Uses ....................................................................7-17
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
R-3 Multi-Family District .................................................................7-19
7.6.1 Permitted Uses .......................................................................7-19
7.6.2 Conditional Uses ....................................................................7-20
B - Business District .........................................................................7-21
7.7.1 Permitted Uses .......................................................................7-21
7.7.2 Conditional Uses ....................................................................7-23
Deleted ...............................................................................................
Industrial District ...............................................................................7-24
7.9.1 Permitted Uses .......................................................................7-24
7.9.2 Conditional Uses ....................................................................7-25
PUD Planned Unit Development .......................................................7-26
7.10.1 Types of Planned Unit Developments ...................................7-26
7.10.2 Ownership Control .................................................................7-26
Section 7.11
Section 7.12
Section 7.13
Section 7.14
Section 7.15
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
C-SP Conservation/Scenic Preservation District ...............................7-30
7.11.1 Permitted Uses .......................................................................7-31
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
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
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
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
Section 8.2
Section 8.3
Minimum Lot Size, Minimum Building Square Footage, etc. ..........8-1
Area, Yard and height requirements chart .........................................8-2
Minimum Road Frontage, Private Access Drives..............................8-3
8.2.1 Private access drive and easement requirements .....................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
Section 8.4
Section 8.5
Section 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
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
Single-Family dwellings per lot .........................................................8-13
8.5.1 Single-family dwellings per lot ................................................8-13
8.5.2 Medical Hardships ..................................................................8-13
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
Section 9.6
Section 9.7
Section 9.8
Section 9.9
Section 9.10
Section 9.11
Section 9.12
Section 9.13
Section 9.14
Section 9.15
Section 9.16
Section 9.17
Section 9.18
Section 9.19
9.5.2 Rural Home Occupation ...........................................................9-14
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
Cemeteries..........................................................................................9-17
9.7.1 Public Cemeteries .....................................................................9-17
9.7.2 Religious Cemetery...................................................................9-17
Automobile Junk Yards .....................................................................9-18
Farm-based business ..........................................................................9-18
Bed and Breakfast ..............................................................................9-19
Clubs and Fraternal Organizations.....................................................9-20
Outdoor Storage Yards ......................................................................9-20
Mining ................................................................................................9-20
Non-operating Vehicles In Residential Zones ...................................9-20
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
Caretaker or Employee Dwellings .....................................................9-24
Notice of Agricultural Adjacency ......................................................9-25
Private Airstrips .................................................................................9-25
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. §36-70-5.
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".
When used in this ordinance, the following words and phrases shall have the meaning
given in this Section.
ACCESSORY BUILDING or USE: A subordinate building or use customarily incidental to the
principal use of the land and located on the same lot with the principal use.
ACTIVE RECREATION: Includes, but not limited to, golf courses, playing fields,
playgrounds, courts and other recreational activity requiring the use of impervious surfaces.
AGRICULTURE or AGRICULTURAL: A parcel used primarily for soil-dependent cultivation
of agricultural crop production, the raising of livestock or poultry, growth of a field, or forestry.
AIRCRAFT: Any machine or device capable of atmospheric flight. For the purpose of this
ordinance, aircraft does not include: ultra-lights, hot-air balloons, powered parachutes, or hanggliders.
ALLEY: A platted service way providing a secondary means of access to abutting properties.
ALTERATION: Any change in the supporting member of a building, any modification or
change in construction, any addition which increases the area or height, any change in use of or
movement of a building from one location to another, or any increase in the amount or volume
of space used for any activity.
ANIMAL HOSPITAL: Facility that is operated by a licensed veterinarian for the treatment and
short term boarding of domestic animals; such as dogs and cats.
ANIMAL SHELTER: A public or private facility exclusively for the temporary housing of
stray or unwanted domestic animals.
ANIMAL UNITS: The number of all such animals or fowl allowed on a lot shall be limited to
the square footage of the lot, less the lot square footage devoted to yard setbacks and the house,
divided by the total minimum area required per animal or fowl. Total minimum area required
3-1
per animal or fowl shall be as follows: horses - 43,560 sq. ft. (one (1) acre); cow - 43,560 sq. ft.;
sheep or goat - 20,000 sq. ft.; fowl - twenty (20) per 43,560 sq. ft. (Area requirements are based
on minimum acreage averages for grazing such animals in the State of Georgia.) Total
minimum area required per animal or fowl shall be a yearly average. Fluctuations in herd or
flock size associated with general farming practices shall be permissible under this provision.
APARTMENT: A suite of two (2) or more rooms with a bathroom, and kitchen. This maybe a
single standalone structure, or two or more apartments in one building. An apartment is leased
or rented by a tenant. This is designed or intended for occupancy by one (1) person or one (1)
family. For zoning purposes, each apartment is regarded as a dwelling unit. A structure
containing two (2) apartments is a duplex. A structure containing three (3) or more apartments is
a multi-family dwelling.
APARTMENT BUILDING: A multi-family dwelling unit located on a parcel of land under a
single ownership and consisting of three (3) or more single-family dwelling units separated by
fire resistant walls as required by the Building Code of Madison County, Georgia.
APPLICANT: Any person who applies for a rezoning action and any attorney or other person
representing or acting on behalf of a person who applies for a rezoning action.
ART STUDIO: A work space for artists, including individuals practicing in one of the fine arts
such as painting and pottery.
ASSISTED LIVING: Assisted living residences or assisted living facilities are housing
facilities for people with disabilities. These facilities provide supervision or assistance with
activities of daily living coordination of services by outside health care providers; and
monitoring of resident activities to help to ensure their health, safety, and well-being.
Assistance may include the administration or supervision of medication, or personal care
services provided by a trained staff person.
ATTACHED RESIDENTIAL: A single family dwelling unit, with a private entrance, which is
part of a structure whose dwelling units are attached horizontally as a linear arrangement, such
as rowhouses, townhouses, and brownstones. There would be no association fee due.
AUDITORIUM: A structure designed for the public as an audience for events such as plays and
concerts.
AUTOMOBILE SALES LOT: A premise designed or used for storage and display for sale of
automobiles, motorcycles, recreational vehicles, or other motorized vehicles. Motorized vehicles
for sale will typically be stored outside. All other activities must be in an enclosed building.
AUTOMOBILE SERVICE STATION: Any area of land, including structures thereon, used for
the retail sale of gasoline or oil, automobile accessories and incidental services including facilities for lubricating, hand or automatic washing and cleaning, or otherwise servicing
automobiles, but excluding painting or major repairs.
BED AND BREAKFAST: A dwelling unit, other than a hotel, motel or boarding house, or
portion thereof, where short-term lodging rooms and meals are provided to registered guests for
compensation. The operator of the Bed and Breakfast must live on the premises.
3-2
BLOCK: A piece or parcel of land entirely surrounded by public highways or streets, but
excluding alleys.
BOARD OF COMMISSIONERS: The Madison County Board of Commissioners.
BOARDING HOUSE: A building other than a hotel where lodging and meals are provided for
compensation or by pre-arrangement. The dwelling shall contain no more than five (5)
guestrooms. The number of persons receiving lodging and meals shall not exceed twenty (20)
persons at any one time. A building other than a hotel shall not be considered a boarding house
by reason of a contribution to or expense sharing arrangement with the owner or tenant
occupying the dwelling by a person related by blood or marriage.
BUFFER AREA: A landscaped or naturalized area used to separate and partially obstruct the
view of a development from adjacent or contiguous development. This area shall be in addition
to any required area, yard, and height requirements for the zoning district as specified in Article
VIII.
BUFFER, UNDISTURBED: A natural vegetated area located adjacent to a reservoir or
perennial stream.
BUILDING: Any structure, either permanent or temporary, or above or below ground, and
designed, built or used as a shelter or enclosure for persons, animals, or property of any kind.
BUILDING, HEIGHT OF: The vertical distance to the highest point of the roof for flat roofs;
to the deck line of mansard roofs; and to the average height between the eaves and the ridge for
gable, hip, and gambrel roofs, measured from the grade.
BUILDING SETBACK: A line, parallel to the street line, beyond which the foundation wall,
any roofed porch, vestibule, or other such portion of a building shall not project.
Figure 1. Building Height
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BUILDING INSPECTOR: The Madison County Building Inspector.
BUILDING LINE: A line, parallel to the street line, beyond which the foundation wall and any
roofed porch, vestibule or other such portion of a building shall not project.
BUILDING, PRINCIPAL: A building in which the primary use of the lot on which the building
is located is conducted.
BUSINESS ENTITY: Any corporation, partnership, limited partnership, firm, enterprise,
franchise, association, or trust.
CATERING SERVICE: A service housed in a permanent structure providing meals or
refreshments off premises for public or private entertainment for a fee.
CAMPAIGN CONTRIBUTION: A contribution as defined in paragraph (6) of O.C.G.A. §215-3.
CARETAKER DWELLING OR EMPLOYEE RESIDENCE: An accessory single-family
dwelling placed on an occupied tract for use by a farm worker or other tract owned by the same
owner of the agricultural activity and that is a part of the same farming operation.
CEMETERY, RELIGIOUS INSTITUTION: A plot of ground, building, mausoleum, or other
enclosure owned by or adjacent to a religious institution and used for the burial of deceased
persons who are generally members of that religious institution.
CEMETERY, PRIVATE: Any plot of ground, building, mausoleum, or other enclosure used
for the burial of deceased persons of one collateral line of descent.
CEMETERY, PUBLIC: A plot of ground, building, mausoleum, or other enclosure not located
on property owned by or adjacent to a religious institution but used for the burial of deceased
persons.
CERTIFICATE OF OCCUPANCY: A permit issued by the County Building Inspection
allowing the building to be occupied, it has met all the requirements stated in this ordinance and
the build code adopted by Madison County.
CHURCH: See "Religious Institution."
CLINIC: A building where human patients, who are not lodged overnight, are admitted for
examination and treatment.
CLUB OR LODGE: A building where organized fraternal, recreational, social or educational
meetings are conducted on a regular non-profit basis. Fraternal organizations must provide proof
to the Board of Commissioners that they have received recognition and sanction from a parent
group organization. A private club must provide proof to the Board of Commissioners that its
membership is limited by either: (a) the use and operation of an amateur athletic facility
including, but not limited to, golf courses, tennis courts, shooting ranges or swimming pools; or
(b) residency in a particular subdivision, condominium, apartment project or other residential
development.
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CLUSTERING: A subdivision design method, which concentrates development in specific
areas on the proposed site, while preserving the rest as permanent open space.
CODE ENFORCEMENT OFFICER: The officer authorized by Madison County Board of
Commissioners to enforce and administer this and the county’s code ordinance.
COMMERCIAL DRIVEWAY: Any driveway providing access to land, which is used, for
commercial or industrial purposes. Driveways serving farms, farm based businesses and home
occupations are excluded from this definition.
COMMERCIAL USE: An occupation, employment, or enterprise that is carried on for profit by
the owner, lessee, or licensee.
COMMUNITY WATER SYSTEM: A water system with fifteen (15) or more service
connections or that regularly serves twenty-five (25) or more persons for at least sixty (60) days
per year.
COMPREHENSIVE PLAN: A 20-year plan providing county and city officials, staff and
residents of Madison County a set of goals and policies to help manage future growth and
development prepared pursuant to the minimum standards and procedures for preparation of
comprehensive plans and for implementation of comprehensive plans, established by the
Department of Community Affairs in accordance with O.C.G.A. 50-8-7.1 (b) and 50-8-7.2.
CONDITIONAL USE: A use which is not permitted inherently but which may be permitted
within a zoning district subject to approval by the Board of Commissioners.
CONDITIONAL USE PERMIT: The permit issued as a precondition to allowing any
conditional use in a zoning district.
CONDITIONAL ZONING: The granting or adoption of zoning for a property subject to
compliance with restrictions as to use, size, project design, or timing of a development
stipulated by the Madison County Board of Commissioners that are not otherwise illegal in
order to promote the general welfare and to mitigate adverse impacts that could be expected
without the imposition of such conditions. The imposed conditions must be reasonable, not be
to the benefit of a private landowner rather than the general welfare, not constitute illegal spot
zoning and not limit the County's authority to impose
subsequent zoning changes to the property zoning district.
CONDOMINIUM: An estate in real property consisting of an undivided interest with other
purchasers in the common grounds together with a separate interest in a dwelling unit located on
the common grounds.
CONFINEMENT LIVESTOCK: Poultry, swine, dairy, feedlot, or other similar operations
where the animals, involved are, or are expected to be, maintained in a high density manner,
within areas or structures, likely to produce nuisance noises, dust, or odors.
CONSERVATION AREAS: Environmentally sensitive and valuable lands protected from any
activity that would significantly alter their ecological integrity, balance, or character, except in
cases of overriding public interest. Conservation areas include groundwater recharge areas,
watersheds, wetlands and river corridors.
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CONSERVATION EASEMENT: A voluntary, legal agreement between a landowner and an
easement holder that permanently limits uses of the land to protect agricultural uses,
environmentally significant areas or historically significant areas. Each easement is tailored to
fit the owner’s personal management objectives and goals for the property.
CONSERVATION SUBDIVISION: A residential development where fifty percent or more of
the gross parcel area is designated as open space, thereby permanently protecting agriculturally,
environmentally, or historically significant areas within the development. The remaining
developable land may be subdivided into residential lots.
CONTAMINANT:
Any "regulated substance," as defined by the federal Resource
Conservation and Recovery Act, as in effect on the date of passage of this ordinance and as
amended from time to time, and all petroleum products, including gasoline, oil, waste oils, and
other fuels as well as their hazardous constituents.
CONVENIENCE STORE: Any retail establishment offering for sale prepackaged food
products, household items, and other goods commonly associated with the same and having a
gross floor area of less than two thousand four hundred (2,400) sq. ft.
CONVENTIONAL SUBDIVISION: A form of subdivision where all land areas within the
development are divided into building lots and rights-of-way and where there is little or no open
space land set aside, outside of said building lots and rights-of-way, for the preservation of the
land in its natural or undeveloped state.
CORRIDOR: All land within the buffer areas established adjacent to reservoirs or perennial
stream or river.
COUNTRY CLUB: A social and recreational facility that is usually private or semi-private.
This could have a golf course, restaurant, swimming pool and tennis courts.
COUNTY: Madison County, Georgia.
COUNTY CLERK: The County Clerk for Madison County, Georgia.
COUNTY OFFICIAL: Any member of the Board of Commissioners or the Madison County
Planning and Zoning Commission.
DAYCARE, HOME: See “Family Day-Care Home”.
DAY-CARE CENTER: A building operated by a person, society, agency, corporation,
institution, or group, that receives for group care fewer than twenty-four (24) hours per day
without transfer of legal custody, children under eighteen (18) years of age.
DENSITY: The number of dwellings units permitted per net acre of land. (Net acres = gross
acres less street area.)
DENSITY NEUTRAL: The overall number of dwellings allowed in conservation subdivisions
is the same as would be allowed in the underlying zoning district.
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DETACHED RESIDENTIAL: A site built home that meets local building codes, that contains
one dwelling unit per lot and designed for residential use.
DEVELOPMENT: A planned construction project on a single parcel.
DEVELOPMENT PERMIT: Approval from the Planning and Zoning Department of all zoning
requirements, preliminary and final plat approval, and building permit from Building Inspection.
DISTRICT: A section of Madison County, Georgia where the zoning regulations are uniform.
DRIVEWAY ANGLE: The angle between the driveway centerline and the edge of the roadway.
DRIVEWAY WIDTH: The narrowest distance on the driveway measured parallel to the
roadway surface.
DRY CLEANERS: A business that provides laundry cleaning, excluding self-service, and
contains on the premises, equipment necessary for laundry processing.
DWELLING, MULTI-FAMILY: A building containing at least three (3) dwelling units
designed for residential use by three (3) or more families living independently of each other.
This includes apartments but not group homes, row houses, condominiums, or townhouses.
DWELLING, SINGLE-FAMILY: A structure including site-built, modular, manufactured
homes, and mobile homes that contain one (1) dwelling unit designed for residential use that is
surrounded by open space on the same lot. "Dwelling, Single-family" does not include
"Dwelling, Single-Family, Detached."
DWELLING, SINGLE-FAMILY, ATTACHED: A building or portion thereof used exclusively
for residential purposes, including one-family, two-family, and multi-family dwellings, but not
including hotels and boarding or lodging houses.
DWELLING, SINGLE-FAMILY, DETACHED: A structure including site-built, modular and
manufactured homes that contains one (1) dwelling unit designed for residential use that is
surrounded by open space on the same lot, which meets or exceeds the following standards:
1.
Minimum width in excess of sixteen (16) feet.
2.
Minimum square footage required by the zone in which located.
3.
The roof shall have a minimum 2:12 roof pitch and shall have a surface of wood
shakes, asphalt composition, wood shingles, concrete, fiberglass or metal tiles,
slate, built up gravel materials, or other materials approved by the Board of
Commissioners. The roof overhang must be at least one (1) ft. when measured
from the vertical side.
4.
The exterior siding materials shall consist of wood, masonry, concrete, stucco,
masonite, metal or vinyl lap or other materials of like appearance.
5.
Be attached to a permanent foundation that meets all building code requirements.
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6.
Be constructed according to standards established either by the State Minimum
Standard Codes as amended from time to time or the Standard Building Code if
locally adopted for site-built homes, or the National Manufactured Housing
Construction and Safety Standards Act for manufactured homes, or the State of
Georgia Industrialized Buildings Act for residential industrialized buildings.
Each of these codes shall be applicable to the specific structure to which it
applies.
DWELLING, TWO-FAMILY (DUPLEX): A structure containing two (2) dwelling units
designed and arranged for residential use by two (2) families living independently of each other.
DWELLING UNIT: A building or a portion of any building designed and arranged to be lived
in by one (1) family, and having a bathroom, cooking facility, bedroom, and sitting area. This
does not include units in hotels, motels, boarding houses or like uses, except as otherwise
specified. A dwelling unit includes single-family home, manufactured home, modular home,
and ½ of a duplex, and a single apartment.
EASEMENT: A grant of one (1) or more property rights by the landowner for use by the
public, another person or persons, or a corporation or other entity. An easement must be
recorded in the office of the Superior Court of Madison County, Georgia, in order to provide
ingress and egress access to lots or parcels that do not adjoin a public road or public road rightof-way. Up to four (4) lots or parcels that do not adjoin a public road or public road right-ofway may use the same easement to access a public road.
ENGINEER: A registered, professional engineer licensed by the state of Georgia.
ENVIRONMENTAL PROTECTION DIVISION: The Georgia Department of Natural
Resources, Environmental Protection Division. Also referred to as EPD.
ENVIRONMENTALLY SIGNIFICANT AREA: Any portion of a tract of land (i.e. the OSD
sub-division) is defined as environmentally significant if it contains one or more of the
following sensitive areas: critical wildlife habitats, highly erodible land, flood hazard areas,
stream corridors, wetlands or woodlands, or a scenic natural area.
FAMILY: One (1) or more individuals permanently occupying a dwelling unit and living as a
single housekeeping unit, as distinguished from persons occupying a boarding house, group
home, or hotel, as defined in this ordinance.
FAMILY DAY-CARE HOME: A private dwelling operated by any person who receives pay
for supervision and care, fewer than twenty-four (24) hours per day, without transfer of legal
custody, three (3) but not more than six (6) children under eighteen (18) years of age who are
not related to such person and whose parents or guardians are not residents in the same private
dwelling.
FAMILY MEMBER: The spouse, mother, father, brother, sister, son, step-son, daughter, stepdaughter, grandchild of the property owner or the property owner's spouse if the lot is not jointly
owned by both husband and wife.
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FARM: A track of land, including any structures, where the active production of agricultural
crops, livestock, or forestry is ongoing. A farm is to be considered as active if Federal Farm
Tax returns are being filed in the current operating year.
FARM-BASED BUSINESS: A business conducted entirely within a building that is secondary
or incidental to the primary agricultural use of the parcel, which does not change the character
thereof, and provides supplemental employment for persons residing on the parcel. The business
shall be conducted only on a parcel that is actively farmed and shall employ no more than the
equivalent of two (2) non-resident full-time employees.
FEEDLOT: Any tract of land or structure, pen, or corral, where cattle, horses, sheep, goats, and
swine are maintained in close quarters (average density of five (5) or more livestock animals per
acre for a period exceeding six (6) months per year) for the purpose of fattening such livestock
for final shipment to market.
FINANCIAL INTEREST: All direct ownership interest of the total assets or capital stock of a
business entity where such ownership interest is ten percent (10%) or more.
FLOODPLAIN: Any land area susceptible to inundation by water.
FLOOR AREA: The sum of the gross horizontal areas of the total number of floors of a
building measured from the exterior faces of the exterior walls or from the centerline of the
walls separating two buildings, including stairwells and elevator shafts, but not including: attic
space providing headroom for less than six (6) ft. six (6) inches; unusable
basement or cellar space not used for retailing; uncovered steps or fire escape; open porches;
accessory water or cooling towers; accessory off-street parking spaces; or accessory off-street
loading berths.
FRONTAGE: The distance for which the front boundary line of the lot and the street line are
coincident. For the purpose of corner lots, all sides of a lot adjacent to streets shall be considered
frontage.
FRONTAGE STREET: The street coincident to the front boundary line of the parcel.
FUNERAL HOME AND CHAPEL: A building where a deceased person is prepared for
viewing and burial.
GAME BIRDS: These are birds mostly used for hunting, such as Quails, Snipes, Waterfowl,
Duck, Goose, Dove, Wild turkey, geese, and Pheasant.
GAS STATION: A place which sells gasoline to pump directly into a car or into a container.
GARAGE, PARKING: A building or portion thereof designed or used for storage of motordriven vehicles, and at which motor fuels and oils may be sold, and in connection with which
general automotive servicing may be performed as distinguished from automotive repairs.
GARAGE, PRIVATE: An accessory building or a portion of a principal use used for parking or
storage of automobiles of the principal building's occupants. A carport is considered a private
garage.
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GARAGE, REPAIR: A building and premises designed or used for the purpose of service or
commercial repair of motor vehicles. All bodywork and painting shall be conducted within fully
enclosed buildings. The storage of junk, wrecked vehicles, dismantled parts or supplies shall be
solely for the purpose of repairing motor vehicles and not as a salvage or junkyard business. The
storage of junk, wrecked vehicles, dismantled parts or supplies shall not be visible beyond the
premises.
GRANDFATHERED: Any non-conforming building or structure, lot, and use of the property
that was in place when zoning started on January 1, 1994.
GROUNDWATER: Any stratum (rock layer) or zone of rock beneath the surface of the Earth
capable of containing or producing water from a well.
GROUNDWATER RECHARGE AREA: An area of the Earth’s surface where water infiltrates
the ground thereby replenishing the groundwater supplies within a groundwater recharge area.
GROUP HOME: A residence under the ownership and supervision of a public, educational, or
governmental institution occupied or intended for occupancy by several unrelated persons or
families but in which separate cooking facilities are not provided for such resident persons or
families.
GUN CLUB: Any group of individuals which is organized for the purpose of providing a firing
range for individuals to discharge firearms or to practice marksmanship or other skills involving
the discharging of guns, shotguns, pistols, rifles, and other firearms, in a location which is out
doors or within a firing range indoors.
HAZARDOUS MATERIAL: Any “contaminant” as defined by this ordinance, and any
hazardous chemical for which a material safety data sheet must be filed under 42 USC 11021
and 11022.
HAZARDOUS WASTE: Any solid waste which has been defined as a Hazardous Waste in
regulation promulgated by the administrator of the U.S. EPA according to federal act(s) which
is (are) in force and effect on February 1, 1988, codified as 40 CFR 261.3.
HEALTH DEPARTMENT: The Madison County Health Department.
HIGHWAY: A multilane street under the jurisdiction of the Georgia Department of
Transportation, whether divided or undivided, that is (1) is a major artery of the county
circulation network; (2) serves a high volume of traffic for both long and short trips and (3) is
designed with access to abutting properties under some degree of control and safe standards of
design.
HISTORICALLY SIGNIFICANT AREA: Any portion of a tract of land (i.e. the OSD subdivision) that contains an archaeological or historical resource that is on, or eligible for local,
county, state or national historic registers.
HOME OCCUPATION, RESIDENTIAL: An occupation or profession conducted entirely
within a dwelling unit and for financial gain, which is clearly subordinate to the use of the
dwelling and which does not change the character thereof.
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HOME OCCUPATION, RURAL: An occupation or profession conducted entirely within a
dwelling unit or accessory building and for financial gain, which is clearly subordinate to the
principal use of the parcel and which does not change the character thereof.
HOME OFFICE: An office use conducted entirely within a dwelling unit, which is carried on
solely by the unit's occupant and is incidental and secondary to the principal use of the dwelling.
The office may be for the purpose of service or trade workers who customarily work at various
locations, such as electricians, plumbers, appraisers, real estate salespersons, or individuals who
work at home, such as writers or computer programmers. "Home Office" shall not include any
business that involves the sale, manufacture or repair of merchandise on the premises. Home
Offices shall also not include any business requiring access by the public, including, but not
limited to, customers, clients or vendors.
HOTEL: A building offering transient lodging accommodations for more than twenty (20)
persons on a daily rate to the general public and providing additional services such as
restaurants, meeting rooms, and recreational facilities.
IMPERVIOUS SURFACES: Constructed surfaces- rooftops, sidewalks, roads, and parking
lots- covered by impenetrable materials such as asphalt, concrete, brick, and stone.
INDUSTRIALIZED. Any building meeting the requirements the Official Code of Georgia
OCGA 8-2-111, as amended.
INDUSTRIAL PARK: A tract of land subdivided and developed according to a comprehensive
development plan in a manner which provides a park setting for industrial establishments.
INDUSTRIALIZED BUILDING: Any structure or component thereof which is wholly or in
substantial part, made, fabricated, formed, or assembled in manufacturing facilities for
installation on a building site and manufactured in such a manner that all parts or processes
cannot be inspected at the installation site without disassembly, damage to, or destruction
thereof. Industrialized Buildings are constructed and regulated in accordance with the
"Industrialized Buildings Act", Ga. L. 1982, pp. 1637-1643 (O.C.G.A. §8-2-110, et seq.).
INSTITUTION: A non-profit corporation or a non-profit establishment.
JUNK: Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, or waste;
junked, dismantled, or wrecked automobiles, or parts thereof, or iron, steel, and old scrap
ferrous or nonferrous metal.
JUNK YARD: A lot, land or building, or part thereof, used primarily for the collection, storage,
and sale of waste paper, rags, scrap metal, or discarded material; or for the collecting,
dismantling,
storage, and salvaging of machinery or vehicles not in running condition, or for the sale of parts
thereof.
JUNKED VEHICLE: Any wrecked or inoperable automobile, truck or other vehicle, which
does not bear a current license plate.
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KENNELS: Any location where, for commercial purposes, four (4) or more adult dogs, cats,
rabbits or other domestic animals are kept for the purpose of boarding, caring for, raising,
grooming, training or sale. Litters of animals of not more than six (6) months old are excluded
from this definition.
KINDERGARTEN: A school for pre-elementary school children ranging in age from four (4)
through six (6) years, which operates for less than four (4) hours per day.
LAND DISTURBING ACTIVITY: Any grading, scraping, excavating, or filling of land;
clearing of vegetation; and any construction, rebuilding, or alteration of a structure. Landdisturbing activity shall not include activities such as ordinary maintenance and landscaping
operations, individual home gardens, yard and grounds upkeep, repairs, additions or minor
modifications to a single-family dwelling, or the cutting of firewood for personal use.
LANDFILL: A public area of land on which, or an excavation in which, solid waste is placed
for permanent disposal. This does not include a land application unit, surface impoundment,
injection well, or compost pile, and as that term is defined in O.C.G.A. §12-8-22, as amended.
LAND USES EXISTING PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE: Any
land use or land-disturbing activity, including all human endeavors directly associated with such
use or activity, which falls within one of the following categories prior to the effective date of
this ordinance:
a.
is completed;
b.
is under construction;
c.
is fully approved by Madison County;
d.
all materials have been submitted for approval by Madison County; or
e.
is zoned for such use and expenditures in excess of $2,500.00 have been made in
preparation for construction in accordance with such zoning.
LAND USE INTENSITY DISTRICT: A-1 Agricultural District (Intensive Farming) or A-2
Agricultural District (General Farming).
LAUNDROMAT: A business that provides home-type washing, drying, ironing machines or
coin operated dry cleaning machines for hire and use by customers on the premises.
LAUNDRY AND DRY CLEANING PICK-UP: A business that provides only for the
convenience of taking and picking up laundry and which does not have any on-site equipment
for processing of the laundry.
LIMITED DAY CARE: The temporary care of not more than twelve children at a time –
including the caregiver’s own pre-school children – under eighteen years of age, fewer than
twenty-four hours per day, without transfer of legal custody.
LODGING HOUSE: See “Boarding House”.
LOADING SPACE: A space within the principal use or on the same lot that provides for
standing, loading or unloading of trucks and other carriers.
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LOT: A portion of, or parcel of land separated from other portions or parcels by description,
metes and bounds, intended for transfer of ownership or for building development and having a
separate tax parcel reference number designated in the office of the Madison County Tax
Commissioner or the Madison County Tax
Assessor.
LOT, CORNER: A lot abutting two (2) or
more public streets or county maintained
roads at their intersection.
LOT,
DOUBLE
FRONTAGE
or
THROUGH LOT: A lot with frontage on
two (2) public streets and/or county
maintained roads that do not intersect at a
point abutting the property.
Lots
Figure 2. Types of
LOT, INTERIOR: A lot other than a corner lot.
LOT LINE. Any line bounding a lot as defined herein.
LOT LINE, REAR: The rear lot line is generally opposite the front lot line. If the rear
lot line is less than ten (10) ft. in length or if the lot comes to a point at the rear, the rear lot line
shall be deemed to be a line parallel to the front lot line, not less than ten (10) ft. long, and lying
wholly within the lot and farthest from the front lot line.
LOT OF RECORD: A lot whose existence, location, and dimensions have been legally recorded
or registered in a deed or on a plat in the office of the Clerk of the Superior Court of Madison
County.
LOT WIDTH: The horizontal distance between one side lot line and the other side lot line
measured at the minimum front setback line.
LUNCH COUNTER: A retail establishment where the preparation and serving of food is not
the principal business of the retail establishment, defined as not generating the largest
percentage of gross sales or occupying the largest percentage of the retail floor area. Food
served in the establishment shall be unpacked, in individual servings, and in a ready-to-consume
state. Customers shall be served while seated at tables or counters located within the building.
MAJOR SUBDIVISION
MAJOR SUBDIVISION
a. Any subdivision that requires the construction of new streets, roads, central water
system, or the extension of a municipal water or sewer system.
b. Any subdivision of a parent parcel where five or more lots (initial lot plus four new lots)
are created within a three year period.
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MANUFACTURED HOME: A structure defined by and constructed in accordance with the
National Manufactured Housing Construction and Safety Standards Act of 1974 as amended, 42
U.S.C. §5401, et seq. The definition at the date of adoption of this part is as follows:
"Manufactured Home" means a structure, transportable in one or
more sections, which in the traveling mode, is eight (8) body ft. or
more in width or forty (40) body ft. or more in length, or, when
erected on site, is three hundred twenty (320) or more sq. ft., and
which is built on a permanent chassis and designed to be used as a
dwelling with or without a permanent foundation when connected
to the required utilities, and includes the plumbing, heating, airconditioning, and electrical systems contained therein; except that
such term shall include any structure which meets all the
requirements of this paragraph except the size requirements and
with respect to which the manufacturer voluntarily files a
certification required by the Secretary and complies with the
standards established under this title.
MANUFACTURED HOME REGULATIONS: The Manufactured Home Regulations for
Madison County, as adopted by the Board of Commissioners effective April 1, 1990, and as
may be amended.
MANUFACTURED HOME SPACE: Land within a manufactured home park which is
reserved or leased for the placement of an individual manufactured home, accessory structures
and the exclusive use of its occupants.
MANUFACTURED HOME PARK: A Parcel with three or more interior lots, with parking
space and access to utilities for a mobile home set up. The lots generally are for rent or for
leased for a period of time.
MANUFACTURING, PROCESSING AND ASSEMBLING: The mechanical or chemical
transformation of materials or substances into new products. The land uses engaged in these
activities are usually described as plants, factories or mills and characteristically use power
driven machines and materials handling equipment. Establishments engaged in assembling
component parts of manufactured products are also considered under this definition if the new
product is neither a fixed structure nor other fixed improvement. Also included is the blending
of materials such as lubricating oils, plastic resins or liquors.
MEMBER OF THE FAMILY: The spouse, mother, father, brother, sister, son, or daughter of a
county official. This definition applies to Article XV only.
MINI-WAREHOUSE: A building consisting of individual, small, self-contained units that are
leased or owned for the storage of business and household goods or contractors supplies.
MINOR SUBDIVISION: Any subdivision where less than five lots, including the initial lot, are
created from a parent parcel that does not require the construction of new streets, roads, central
water system (s), of the extension of a municipal water or sewer system.
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MOBILE HOME: A transportable, factory-built structure designed to be used as a year-round
residential dwelling and built prior to the enactment of the Federal Manufactured Housing Act
of 1974, which became effective June 15, 1976.
MODULAR BUILDING. Any building which is of closed construction and which is made or
assembled in manufacturing facilities, off the building site, for installation on the building site,
and is designed for assembly only on a permanent foundation. "Modular building" includes
single-family and multi-family housing, but does not include any structure subject to the
requirements of the National Manufactured Home Construction and Safety Standards Act of
1974.
MODULAR HOME: A factory fabricated transportable building consisting of units designed
for incorporation into a permanent structure at a building site on a permanent foundation to be
used for residential purposes and bearing a seal of compliance with the regulations of the
Southern Building Code Congress International, the Georgia Industrialized Building Act, or the
National Manufactured Housing Construction and Safety Standards Act, as amended.
MOTEL: A building or a group of buildings designed and used primarily for offering transient
lodging accommodations and having a parking place adjacent to each sleeping room and having
separate outside entrances for each guest room. To be used primarily for automobile transients
and including such terms as "auto court" and "motor lodge" but not "boarding house" as defined
in this section.
MOTOR VEHICLE: Every vehicle, which is self-propelled and required to be registered under
the laws of the State of Georgia, except airplanes, motorboats, or go-carts.
NATURAL VEGATATED AREA: Where naturally occurring vegetation is allowed to remain
undisturbed or is enhanced and maintained by human intervention.
NATURAL VEGETATIVE BUFFER or BUFFER AREA: A river corridor containing the flora
native to that area. The natural floras for specific areas are described in Georgia Geologic
Survey Bulletin 114, "The Natural Environments of Georgia." Habitats for endangered and
threatened species may require human management of the river corridor in order to maintain
those species.
NON-CONFORMING BUILDING OR STRUCTURE: Any lawfully existing building or
structure which does not conform to these regulations governing the type, bulk, location, height
or size of buildings or structures permitted in the district prior to the adoption of this ordinance
but which is in full compliance with all applicable federal, state and local laws, rules and
regulations, and for which all required federal, state and local permits have been issued.
NON-CONFORMING LOT: A lot, the area, width, or other characteristics of which fails to
comply with applicable regulations and which was of-record and in full compliance with all
applicable federal, state and local laws, rules and regulations prior to the enactment of these or
other regulations, but which does not comply with the requirements of these regulations.
NON-CONFORMING USE: A lawful use of land that does not comply with the use regulations
for its zoning district but which complied with applicable regulations at the time the use was
established.
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NON-OPERATING VEHICLE: Any motorized vehicle that does not have a current license tag.
NURSING HOME: A facility for three (3) or more unrelated ill or aged persons not operating
as the functional equivalent of a family, that provides food, shelter, and medical care for
compensation in addition to meeting the physical, emotional, and social needs of the unrelated
aged or ill persons.
OFF-STREET PARKING: An area exclusive of a public or private thoroughfare where motor
vehicles may be stored for the purposes of temporary, daily, or overnight parking.
OPEN SPACE: Land used for recreation, resource protection, amenity, or buffers. In no event
must any area of a lot constituting the minimum lot area nor any part of an existing or future
road, right-of-way, off-street parking, loading space, or area immediately underneath electrical
transmission lines be counted as open space. For the purpose of conservation subdivisions, open
space shall mean an area of land, within the subdivision boundary, which shall remain in a
permanent undeveloped condition.
OPPONENT: Any person who opposes a rezoning action or any attorney or other person
representing or acting on behalf of a person who opposes a rezoning action.
OPPOSE: To appear before, discuss with, or contact, either orally or in writing, a Madison
County official and argue against a rezoning action.
OVERLAY DISTRICT: A set of zoning requirements that is superimposed upon a base district.
Development of land subject to overlay zoning requires compliance with the regulations of both
the base and the overlay district.
PARCEL: For the purpose of this ordinance this term is considered synonymous with lot and
tract.
PARENT PARCEL: A lot of record existing at the time of adoption of this amendment or a lot
created by subdivision or recombination subsequent to the adoption of this amendment on
October 21, 2003.
PARKS AND PLAYGROUNDS: Neighborhood space, that is primarily unpaved, that may
include playground with play equipment for children. There could also be picnic area, trails,
and pond with fishing.
PERENNIAL RIVER: A river or section of a river that flows continuously throughout the year.
PERENNIAL STREAM: A creek, branch, or spring that flows continuously throughout the
year.
PERMITTED USE: Any use by right, which is specifically authorized in a particular zoning
district.
PERSON: Any individual, group of individuals, association, firm, partnership, corporation,
trust, estate, organization, or legal entity of any kind, including municipal corporations,
government agencies, or subdivisions thereof.
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PERSONAL CARE HOME: Any dwelling, whether operated for profit or not, which
undertakes through its ownership or management to provide or arrange for the provision of
housing, food service, and one or more personal services for two (2) or more adults who are not
related to the owner or administrator of the home by blood or marriage. Personal services
includes, but is not limited to, individual assistance with or supervision of self-administered
medication and essential activities of daily living such as eating, bathing, grooming, dressing,
and toileting.
PLANNING DEPARTMENT: The Madison County Department of Planning and Zoning.
PLANNING AND ZONING COMMISSION:
Commission.
The Madison County Planning and Zoning
PLAT: A sketch, map or survey of a lot, tract or parcel of land including lot lines with meter
and bounds description, street right-of-way and easements, with the dimensions of these features
inscribed thereon.
PLAYSCHOOL: A school for pre-kindergarten children ranging in age from three (3) to four
(4) years of age which operates for less than four (4) hours per day.
POROUS PAVING MATERIAL: Any commonly recognized surface treatment, which
allows storm water to pass through, including modular grid pavements, permeable
interlocking concrete pavement, porous concrete and asphalt, pavers, or cobbles.
POULTRY: Chicken and Turkey.
PRESCHOOL: A facility providing day care with educational services for children not yet
attending elementary school.
PRIMARY CONSERVATION AREAS: Environmentally or historically significant areas,
which are unbuildable and may include wetlands, water bodies, flood plains, steep slopes and
endangered or threatened species habitat.
PRINCIPAL USE: The primary purpose for which land or a building is used.
PRIVATE AIRSTRIP: A facility or location where aircraft take off and land, and where such
use is of an incidental or occasional nature, and where such facility or location meets each of the
criteria defined in Section 9.18.
PRIVATE ACCESS DRIVE: A privately owned and maintained right-of-way that provides
vehicular access to residential lots not fronting on a federal, state, or county maintained road and
serving as the exclusive access for not more than four (4) land-locked lots which is not owned or
maintained, nor intended to be owned or maintained, by Madison County
PRIVATE ACCESS EASEMENT: A grant by a property owner to the use of land for vehicular
access to residential lots not fronting on a federal, state or county maintained road. A private
access easement allows the creation of residential lots each with vehicular access on the
easement as the exclusive access for not more than four (4) land-locked lots which is not owned
or maintained, nor intended to be owned or maintained, by Madison County
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PROFESSIONAL: When used in connection with "use" and "occupancy", a use or occupancy
by persons generally engaged in rendering personal, executive, sales, or administrative services
or activities, including accountants, architects, professional engineers and land surveyors,
doctors, lawyers, insurance offices, real estate offices, religious organizations, stock brokers and
administrative agencies considered professional in character. The term, however, does not
include repairs or sales of tangible personal property stored or located within the building nor
any use, which would create any loud noise or noxious odors within Madison County.
PROPERTY INTEREST: The direct ownership of real property, including any percentage of
ownership less than total ownership.
PROPERTY LINE, COMMON: A line dividing one lot from another when lots are not of one
ownership.
PROTECTED RIVER: Any perennial river or watercourse with an average annual flow of at
least four hundred (400) cubic feet per second as determined by appropriate U.S. Geological
Survey documents. In Madison County, protected rivers are the Hudson River below Nails
Creek and the Broad River.
PUBLIC ROAD: A federal, state or county maintained roadway, which affords principal means
of access to abutting property
PUBLIC UTILITY: Entities engaged in regularly supplying the public with some commodity
or service which is of public consequence or need, regulated and controlled by a state or federal
regulatory commission and which may often have the power of eminent domain.
RADIUS: That radius corresponding to a circular design pattern, which will allow for vehicle
clearance when entering of leaving a driveway.
REAL PROPERTY: Any tract or parcel of land and, if developed, any buildings or structures
located on the land.
RECREATIONAL FACILITY: Serves the public for recreational purposes, may include pool,
playground, motocross, tennis, and ball fields. Included can be a clubhouse or refreshment
stand with bathroom and bath house.
RECREATIONAL VEHICLE: A vehicular type unit primarily designed for recreation,
camping, travel or seasonal use which has its own motive power or is mounted on or towed by
another vehicle. The basic entities are: travel trailer, folding camping trailer, park trailer, truck
camper, motor home and custom van conversions.
RECREATIONAL VEHICLE PARK: Any parcel where two (2) or more recreational vehicle
sites are located, established, or maintained for occupancy by recreational vehicles or tents, as
temporary living quarters by the general public for recreation or vacation purposes.
RECREATIONAL VEHICLE SITE: A plot of ground within a recreational vehicle park
intended for the accommodation of either a recreational vehicle, tent, or other individual
camping unit on a temporary basis. Sites shall be rented by the day or week only, and the
occupant of the space shall not remain in the same recreational vehicle park for more than thirty
(30) days in a sixty (60) day period.
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RELIGIOUS INSTITUTION: A religious institution that has been granted 501(c) tax exempt
status by the Internal Revenue Service and whose property is deemed tax exempt by the
Madison County Tax Assessor.
RESTAURANT: An establishment where food and beverages are sold for consumption on the
premises, generally in an enclosed building. A snack bar or refreshment stand at a public or nonprofit community swimming pool, playground, or park operated solely for the convenience of
patrons of the facility is not a restaurant.
RESTAURANT, DRIVE-IN: An eating or drinking establishment which caters to motor-driven
vehicle business where the person being served consumes his food or drink while sitting in a
motor driven vehicle, as opposed to a restaurant serving exclusively inside an enclosed building.
RESTAURANT, FAST-FOOD: An establishment that offers quick food service, which is
accomplished through a limited menu of items already prepared and held for service, or
prepared, fried, or griddled quickly, or heated in a
device such as a microwave oven. Orders are not generally taken at the customer's table and
food is generally served in disposable wrapping or containers.
RETAIL: A store that sells goods to the public for consumer or household use.
REZONING ACTION: An action by the Board of Commissioners adopting an amendment to
the zoning ordinance and map that has the effect of rezoning real property from one zoning
classification to another.
RIGHT-OF-WAY: That area, distinguished from an easement, which is owned in fee-simple by
Madison County or other government, for the present or future use of roads, streets, and
highways, together with its drainage facilities and other supporting uses and structures.
RIGHT-OF-WAY LINE: The outside boundary of a right-of-way, whether such right-of-way is
established by usage, recorded easement, deed, dedication or by an official right-of-way map of
Madison County, Georgia.
RIVER BANK: The rising ground, bordering a river, which serves to confine the water to the
natural channel during the normal course of flow.
RIVER CORRIDOR: All land, including islands, not regulated under the Metropolitan River
Protection Act, O.C.G.A. §12-5-440 et seq., or the Coastal Marshland Protection Act, O.C.G.A.
§12-5-280 through 12-293, in areas of a protected river and being within one hundred (100) feet
horizontally on both sides of the river as measured from the river banks.
The one hundred (100) ft. buffer shall be measured horizontally from the uppermost part of the
riverbank, usually marked by a break in slope. Although not within the measured one hundred
(100) ft. wide buffer, the area between the top of the bank and the edge of the river shall be
treated by local governments in the same manner as the river corridor.
Because stream channels move due to natural processes such as meandering, riverbank erosion,
and jumping of channels, the river corridor may shift with time. For the purpose of this
ordinance, the river corridor shall be considered to be fixed at its position at the beginning of
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each review period for the local comprehensive plan as established by the Georgia Department
of Community Affairs. Any shift in the location of the protected river after the start of the
review period will require a revision of the boundaries of the river corridor at the time of the
next review by the Georgia Department of Community Affairs.
RIVER CORRIDOR PROTECTION PLAN: That part of the Madison County Comprehensive
Plan that deals with river corridor protection as required by the Georgia Planning Act of 1989.
RIVER, PERENNIAL: A river or part of a river that flows continuously throughout the year.
RIVER, PROTECTED: Any perennial river or water course with an average annual flow of at
least 400 cubic feet per second as determined by appropriate U.S. Geological Survey
documents. This would be the Broad River, South Broad River, and the Hudson River.
RIVER SETBACK: The building distance from the river bank to a building line. This would be
100’ from the river bank. See Section 7.12.7
ROADWAY: The portion of a highway, including shoulders, for vehicle use.
ROOMING HOUSE: A building other than a hotel where lodging for three (3) but not more
than twenty (20) persons is provided but no meals are served.
SCENIC NATURAL AREAS: Any area which contains a unique feature of the rural landscape
including, but not limited to, large rock formations, hill crests, mature tree stands, and/or any
other feature as identified in the Comprehensive Plan.
SCHOOL: A public or private facility that provides a curriculum of elementary and secondary
academic instruction including kindergartens and pre-kindergartens.
SCREENING: A method where a view of one site is shielded, concealed, or hidden from
another site. Screening techniques include fences, walls, berms, densely planted vegetation,
natural vegetation or other features. Screening must provide a visual and acoustical barrier
which is of such nature and density that it provides year-round maximum shielding,
concealment or hiding from the ground to a height of at least eight (8) ft. or from view from the
normal level of a first story window on an abutting lot.
SECONDARY CONSERVATION AREAS: Open and wooded space, other than the primary
conservation areas, that contain significant natural features worthy of conservation.
SELF-STORAGE FACILITY: See "mini-warehouses."
SENSITIVE NATURAL AREA: Any area, as identified now or hereafter by the Department of
Natural Resources, which contains one or more of the following:
a.
habitat, including nesting sites, occupied by rare or endangered species;
b.
rare or exemplary natural communities;
c.
significant landforms, hydroforms, or geological features; or
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d.
other areas so designated by the Department of Natural Resources; and which is
sensitive or vulnerable to physical or biological alteration.
SETBACK: The minimum horizontal distance between the lot or property right-of-way line and
the nearest front, side or rear line of the building, including terraces or any covered projections
but excluding steps.
SHARED COMMERCIAL DRIVEWAY: Any private entrance or exit used as a vehicular
passageway to two or more commercial or industrial uses.
SHOPPING CENTER: A group of retail business and service uses on a single site with
common parking facilities.
SIDE YARD: The space from the end of the building to the side property line.
SIGN: ( See Section 10)
SINGLE-FAMILY DWELLING: A dwelling structure that is designed for use by one family.
SILVICULTURE: The management and cultivation of forests trees; forest management.
SITE-BUILT: A building constructed on-site with approved building materials, inspected
periodically during construction, and constructed according to locally adopted building codes.
SITE DISTANCE: The length of roadway ahead visible to the driver. The minimum
sight distance available on a roadway should be sufficient to enable a vehicle traveling at
or near the posted speed limit to stop before reaching a stationary object in its path.
SITE PLAN: A scale drawing representing the intended layout of a planned project.
SKETCH PLAN. Hand drawn not-to-scale renderings drawn on plats, plain paper or
other suitable writing material and includes the same relevant information as site
plans.
SOLID FENCE: An artificially constructed barrier of any material or combination of materials
generally manufactured for fencing, erected to enclose or screen areas of land in a manner
where the area inside the fencing is not readily visible at any distance.
SOLID WALL: A wall constructed in such a manner to prohibit viewing of land, materials,
buildings, etc., located behind the wall, from an individual standing outside and parallel to the
wall.
SOLID WASTE LANDFILL: A publicly owned disposal facility where any amount of
municipal solid waste, as defined in O.C.G.A. §12-8-22, as amended, occurs, whether or not
mixed with or including other waste allowed under Subtitle D of the Federal Resource
Conservation and Recovery Act of 1976, as amended, is disposed of by means of placing an
approved cover thereon.
STORAGE TRAILER: A prefabricated portable storage building commonly attached to a cab or
chassis for transportation.
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STORM SHELTER: A structure or portion of a structure intended to provide protection to
human life during periods of danger from storms or other emergencies.
STORMWATER RUNOFF: Overflow from rainfall not absorbed by soil.
STORY: That portion of a building, other than a cellar, included between the surface of the
floor and the ceiling above it.
STREET: A public or private thoroughfare which affords the principal means of ingress and
egress to abutting property and is classified as follows. See section 6.5 for street classifications.
STREET LINE: The legal line between street right-of-way and abutting property.
STRUCTURE: Anything constructed or erected that requires location on the ground or attached
to something on the ground, including but not necessarily limited to residential dwellings,
commercial buildings, signs, patios, garages, pools, and decks, but not including fences and
walls used as fences and wells.
SUBDIVISION: The division of a tract, lot or parcel into two (2) or more lots, building sites, or
other divisions for the immediate or future purpose of sale, lease, offer or development.
SUBDIVISION REGULATIONS: The Madison County Subdivision Regulations dated May,
1978, revised January, 1991, and as may be amended.
SURFACE MINING: Any activity constituting all or part of a process for the removal of
minerals, ores, and dimension stone, and other solid matter for sale or for processing or for
consumption in the regular operation of a business.
SURVEYOR: A person licensed by the State of Georgia to survey land.
SWIMMING POOL PRIVATE: A swimming pool where access is restricted to the owner of
the property and their guest, or is privately owned and has memberships.
SWIMMING POOL, PUBLIC: A swimming pool the public has access too.
TEMPORARY BUILDING: A temporary portable unit for office or residential use that is
designed to be transported, after fabrication, on its own wheels or on a flatbed or other trailer, or
have detachable wheels.
TOWNHOUSE: A single-family attached dwelling unit that is erected in a row as part of a
single building, on adjoining lots, each being separated from the adjoining unit or units by
approved fire resistant party wall or walls extending from the basement or cellar floor to the
roof along the dividing lot line. Each unit shall have its own front door, which opens to the
outdoors, and the units shall have a minimum of two (2) floors, but no access between adjoining
units.
TRANSFER STATION: A facility used to transfer solid waste from one transportation vehicle
to another for transport to a disposal facility or processing operation. A transfer station must
comply with the "Rules of the Georgia Department of Natural Resources, Environmental
Protection Division, §391-3-4, Solid Waste Management," effective June 27, 1993, and as
amended.
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TRANSMISSION TOWER: The structure on which transmitting and/or receiving antennas are
located. An AM radio tower is its own transmitting antenna.
TRAVELED WAY: The portion of the roadway for the movement of vehicles, exclusive of
shoulders and auxiliary lanes.
UTILITY: Public or private could be water and sewer system, power lines, pipelines, gas lines,
telephone lines, cable lines, railroads, roads, bridges, or storm water systems.
VARIANCE, AREA: A minimal relaxation or modification of the strict terms of the height,
area, placement, setback, yard, buffer, landscape strip, parking and loading regulations as
applied to specific property when, because of particular physical surroundings, shape, or
topographical condition of the property, not due to the fault of the owner
of said property, compliance would result in a particular upon the owner, as distinguished from
a mere inconvenience or a desire to make a profit.
VARIANCE, USE: A minimal relaxation or modification to the permitted or conditional uses if
not contrary to the public interest, where literal enforcement of the provisions of the regulations
will result in great practical difficulties or unnecessary hardship, so that the spirit of the
regulations is observed and substantial justice done, and where the neighboring property use is
not substantially and permanently injured.
VENDING MACHINE: A coin operated machine that dispenses a product.
VETERINARY CLINIC OR HOSPITAL: Facility for the treatment of animals, operated by a
licensed veterinarian, with short term care and boarding.
WAREHOUSE: Storage for wholesale, and distribution of manufactured products, supplies, and
equipment, excluding bulk storage of materials that are inflammable or explosive or that present
hazards or conditions commonly recognized as offensive.
WETLAND: An area that is inundated or saturated by surface water of groundwater at a
frequency and duration sufficient to support, and under normal circumstance does support, a
prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known
as hydrophytic vegetation. Wetlands generally include swamps, marshes, and similar areas.
WETLAND DELINEATION: The establishment of wetland boundaries by a representative of
the U. S. Army Corps of Engineers or an authority designated by the Corps.
WHOLESALE ESTABLISHMENT WITH OR WITHOUT A WAREHOUSE: A business
primarily selling and or distributing merchandise to retailers, to industrial, commercial,
institutional, or to other wholesalers.
YARD: An open space on the same lot with a principal use, unoccupied and unobstructed by
buildings or structures from ground to sky except where projections and accessory buildings are
expressly permitted in these regulations.
YARD, FRONT: An open, unoccupied space on the same lot with the principal use, extending
the full width of the lot and situated between the right-of-way line and the building line
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projected to the side lines of the lot. Covered porches, whether enclosed or unenclosed, are
considered part of the principal use and shall not project into a required front yard. On corner
lots, the front yard is considered parallel to the street upon which the lot has its largest
dimension.
YARD, REAR: A yard extending across the full width of the lot and lying between the rear lot
line and the nearest line of the building. Rear yard depth shall be measured at right angles to the
rear line of the lot.
YARD, SIDE: A yard lying between the side line of the lot and the nearest line of the building
and extending from the front yard to the rear yard, or in the absence of either, such front or rear
yards, to the front or rear lot lines. Side yard width shall be measured at right angles to sidelines
of the lot.
ZONING ACTION: A request for any action under the Zoning Ordinance, including, but not
limited to, rezoning, variance, conditional use permits, and sign regulation.
ZONING ADMINISTRATOR: The Zoning Administrator or other officer so designated by the
Board of Commissioners to enforce this ordinance.
ZONING DISTRICT: Any lot or zone as shown on the County's zoning map for
which there are uniform regulations governing the use, placement, spacing and size
of land and buildings. The words "zone," "zoned lot," "zoning district" and "district"
have the same meaning.
ZONING ORDINANCE: The Madison County Zoning Ordinance approved by the Board of
Commissioners, December 14, 1993, effective January 1, 1994, and as may be amended.
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Figure 3. Setback, Lot Width, and Lot Line
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ARTICLE IV: GENERAL PROVISIONS
Section 4.1 Establishment of Districts.
For the purposes of this zoning ordinance, unincorporated Madison County is divided into
zoning districts as follows.
A-1
A-2
RR
R-1
R-2
R-3
B
I
PUD
CSP
FP
WP
RIV
CSO
Agricultural District (Intensive Farming)
Agricultural District (General Farming)
Rural Residential (formerly A-R Agriculture/Residential)
Single-Family Residential
Medium Density Single-Family Residential and Two-Family Residential
Multi-Family Residential
Business
Industrial District
Planned Unit Development District
Conservation/Scenic Preservation District
Flood Prone District
Watershed Protection District
River Corridor District
Conservation Subdivision Overlay District
Section 4.2 Official Zoning Map
1. The unincorporated area of Madison County is hereby divided into zoning districts, as shown on
the Official Zoning Map which, together with all explanatory matter thereon, and accompanying
pages, is hereby adopted by reference and declared to be a part of this Ordinance.
2. The Official Zoning Map shall be identified as that map or series of maps, adopted by the
Madison County Board of Commissioners, that generally show the property boundaries in the
County and the corresponding zoning districts adopted upon those properties and that are signed
and certified by the Chairman in office at the time of the adoption as the Official Zoning Map. A
certified copy of the zoning map as originally adopted hereby shall be kept on record in the
County Clerk’s office.
3. The Official Zoning Map as adopted by the Board of Commissioners and amended from time to
time by its action, sets forth the location of all zoning districts in the County.
Section 4.3 Map Amendment
1. The Official Zoning map, as adopted hereby and amended from time to time by action of the
Board of Commissioners, shall be maintained and available in the office of the Planning and
Zoning Department.
2. No changes of any nature shall be made to the Official Zoning Map except in conformity with
amendments to the map approved by the Board of Commissioners and in conformity with the
procedures set forth in this ordinance or by adoption of a new Official Zoning Map. Such
amendments shall be spread upon minutes of the Board of Commissioners and shall be
available for public inspection.
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3. If, in accordance with the provisions of this Ordinance, amendments to the map are approved
which result in changes to zoning classifications as depicted on the Official Zoning Map, then
these shall be noted on the Official Zoning Map, with the date the amendment was approved.
Should any sentence, section, subsection or provision of this Ordinance amending the Zoning
Ordinance of Madison County or application thereof be declared invalid or unconstitutional
by any court of competent jurisdiction, such declaration shall not affect the validity of the
Zoning Ordinance of Madison County, as amended as a whole nor any part thereof that is not
specifically declared to be invalid or unconstitutional.
This Amendment to the Zoning Ordinance of Madison County Georgia shall take effect and
shall be enforced from and after the date of its adoption, the public welfare demanding it.
Section 4.4 Rules for Determining Boundaries
The following rules apply where uncertainty exists with respect to the boundaries of any of the zoning
districts shown on the Official Zoning Map of Madison County.
4.4.1
Unless otherwise indicated, the district boundaries are indicated as approximately
following property lines, land lot lines, centerlines of streets, highways, alleys or
railroads, centerlines of streams, reservoirs, or other bodies of water, or civil boundaries,
and they shall be construed to follow such lines.
4.4.2
Where district boundaries are approximately parallel to or extend to the centerlines of
streets, highways, railroads, including their rights-of-way, or the centerlines of streams,
reservoirs, or other bodies of water, district boundaries shall be construed as being
parallel thereto and at such distance there from as indicated on the Official Zoning Map.
If no distance is given, dimensions shall be determined by the scale shown on the
Official Zoning Maps.
4.4.3
Where a district boundary line divides a lot that is under single ownership at the time of
enactment of this ordinance, the use classification of a larger portion may be extended
by the Board of Commissioners to the remainder without recourse to the amendment
procedure.
4.4.4
Where a public road, street or alley is officially abandoned, the regulations applicable to
the parcel to which it reverts shall apply.
4.4.5
In case the exact location of a boundary cannot be determined by the foregoing methods,
the Board of Commissioners shall, upon application, determine the location of the
boundary.
4.4.6
Each separate parcel or lot shall consist of only one zoning classification.
Section 4.5 Soil Erosion
Any development, construction, or grading is subject to all the requirements of the “Madison County
Soil Erosion and Sediment Control Ordinance,” as may be amended.
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ARTICLE V: APPLICATION OF
REGULATIONS
Section 5.1 Use
No building, structure, premises, or land use shall be used or occupied and no building or part thereof
shall be erected, extended, enlarged, constructed, moved, or altered except in conformity with these
regulations for the district in which it is, or will be, located.
Section 5.2 Building Height
No building or structure shall be erected; constructed or altered that exceeds the height limit for
the district in which it is located.
Section 5.3 Lots
5.3.1 No lot, even though it may consist of one or more adjacent lots of record, shall be reduced
in size so that lot width or depth, front, side or rear yard, inner or outer courts, lot area per
family or other requirements of this ordinance are not maintained. This section shall not
apply when a portion of a lot is acquired for public use.
5.3.2 When three or more lots of 10 acres or less in size are divided from a parent parcel, the
length of any such divided lot shall be no greater than four (4) times the width. Lots
served by Private Drives and Private Access Easements shall not include the driveway
portion of the lot when determining the length-to-width ratio. The length shall be
measured from the front property line beginning at the right-of-way and along the longer
of the two side lot lines. The width shall be the horizontal distance between one side lot
line and the other side lot line at the narrowest point providing the minimum building line
required by the zoning classification.
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Lot Length = 500 ft.
Lot Width =125 ft.
Length to Width Ratio is
500:125
- or 4 to 1
Section 5.4 Yards
No part of a yard or other open space required for one building shall be included as part of a yard or
other open space similarly required for another building. Every part of a required yard or court shall be
open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, cornices,
buttresses, ornamental features, chimneys, flues, and eaves, provided such projections do not extend
more than two (2) ft. into the yard area requirements.
Section 5.5 Minimum Distance Between Buildings
The following minimum distances between buildings are required unless otherwise specified within this
ordinance.
5.5.1
The minimum distance between principal uses located on the same lot or parcel:
5.5.1.1
5.5.1.2
5.5.1.3
5.5.1.4
5.5.1.5
Front to Front Arrangement
Front to Rear Arrangement
Rear to Rear Arrangement
Side to Side Arrangement
All other combinations
....................................................40 ft.
....................................................50 ft.
....................................................30 ft.
....................................................20 ft.
....................................................20 ft.
5.5.2
There shall be a distance of not less than twenty (20) ft. between a principal and
accessory building located on the same lot or parcel.
5.5.3
No accessory building shall be located closer than fifteen (15) ft. to any common
property line in any district except where specifically permitted in the B-1, B-2 and I
districts."
Section 5.6 Number of Buildings
Only one (1) principal residential dwelling is permitted per lot unless otherwise specified.
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ARTICLE VI: GENERAL PROVISIONS
Section 6.1 Nonconforming Buildings and Uses
The purpose of Section 6.1 is to regulate buildings and uses, which do not conform to one or more
provisions of this Ordinance, but were lawfully established and in compliance all applicable ordinances
and laws at the time this Ordinance and any amendments thereto was adopted.
This section is intended to prevent the expansion of nonconforming buildings and
uses and establish the circumstances under which they may be altered, repaired or
changed.
Nothing contained in the section shall be construed or implied so as to allow for the
continuation of illegal nonconforming buildings and uses. Said uses shall be
removed immediately upon notification by the Zoning Administrator.
6.1.1 Definitions.
1. "Nonconforming structure" shall mean any structure that was lawfully
established and in compliance with the applicable ordinance and laws
at the time this Ordinance or any amendment thereto became effective,
but which, due to the application of this Ordinance or any amendment
thereto, no longer complies withal the applicable regulation and
standards of development in the zoning district in which it is located.
2. "Nonconforming use" shall mean any use of land or structures that had
been lawfully established and in compliance with all applicable
ordinances and laws at the time this Ordinance, or any amendment
thereto, became effective, but which, due to the application of this
Ordinance or any amendment thereto is a use not listed as permitted,
conditional or accessory in the zoning district in which located.
3. "Nonconforming Lots" shall mean a lot, the area dimensions, or
location of which was lawful prior to the effective date of this
Ordinance, or any amendment thereto, but which fails by reason of
such adoption, revision, or amendment to conform to the present
requirements of the zoning district in which it is located.
6.1.2 Limitation to Nonconforming Structures.
6.1.2.1 No nonconforming structure shall be moved, altered, enlarged or reconstructed
so as to increase the discrepancy between existing conditions and the requirements
specified for the zoning district in which the structure is located.
6.1.2.2 A residential dwelling that is nonconforming because of area and yard requirements,
which is partially or completely destroyed by natural causes may be restored or
replaced within its original footprint. The nonconforming structure must be
reconstructed within twelve (12) months to qualify for this exemption.
6.1.2.3 Except as permitted in Section 6.1.2.2 above, a nonconforming structure
which is damaged to the extent that the cost of repair exceeds seventy-five percent
(75%) of the appraised value of the damaged structure may be restored only if made
6-1
to conform to all provisions of this Ordinance. The Building Inspector shall
determine the extent of the damage.
6.1.2.4 Subject to the valuation limit in Section 6.1.2.3 above, structural elements may be
modified where the building inspector determined such modification is immediately
necessary to protect the health and safety of the public or occupants of the
nonconforming building or adjacent property owners.
6.1.2.5 If the use of a nonconforming structure is discontinued for a period of twelve (12)
months or more, the structure shall lose it nonconforming status and shall thereafter
be removed or altered to conform to the provisions of this Ordinance.
6.1.3
Limitations to Nonconforming Uses.
6.1.3.1 A nonconforming use shall not be enlarged or extended to occupy any part of a
structure or site which it did not occupy on the effective date of the Ordinance or
of any amendment thereto that caused it to become a nonconforming use, or in such a
way as to displace any conforming use occupying a structure or site.
6.1.3.2 No structure, the use of which is nonconforming, shall be moved or altered unless
required by law, or unless the moving or alteration will result in the elimination
of the non-conformity.
6.1.3.3 No use of land or structure existing at the time of adoption of this Ordinance shall
be deemed to be nonconforming solely because of a failure to meet the requirements
of Section 6.2 "Off-Street Parking" or "Section 6.3 "Off-Street Loading and
unloading Space" of this Ordinance.
6.1.3.4 A nonconforming use may be continued, provided that a nonconforming use which
ceases for a continuous period of twelve (12) months shall lose its nonconforming
status.
6.1.4
Limitations to Nonconforming Lots. Any non-conforming lot may be used as a site for
a
residential dwelling in any zoning district in which such dwellings are permitted, subject to
the county’s yard, height, and lot width requirements. If the owner of two or more adjoining
lots, at least one of which is a nonconforming lot, decides to build on these lots, he must first
combine the lots to reduce or eliminate the non-conforming nature of the individual lots
before the owner may apply for a building permit. If, after combination, such lots cannot meet
the minimum yard requirements of the district, the owner shall become eligible to receive a
building permit for the combined lot.
6.1.4 a No nonconforming lot shall be rezoned without it meeting the minimum lot
requirement for the zone requested. Amended 1/7/13
6.1.5
A change of ownership, tenancy, or management of a nonconforming structure, use or lot
shall not affect its status as a legal nonconforming building, lot or use.
Section 6.2 Off-Street Automobile Parking
Within Madison County, off-street automobile storage or parking space shall be provided on every lot on
which any permitted or conditional use is established in accordance with this ordinance.
6-2
6.2.1
General Requirements. For the purpose of this ordinance the following general
requirements are specified.
6.2.1.1 The term "Off-Street Parking Space" shall mean a space at least nine (9) ft. wide
and twenty (20) ft. in length with a minimum net area of one hundred eighty
(180) sq. ft., excluding area for egress and ingress and maneuverability of
vehicles.
6.2.1.2 The required number of parking spaces for any number of separate uses may be
combined in one lot, but the required space assigned to one use may not be
assigned to another use at the same time.
6.2.1.3 Area reserved for off-street parking in accordance with the requirements of this
ordinance shall not be reduced in area or changed to any other use unless the
permitted use which it serves is discontinued or modified, and unless equivalent
parking space is provided to the satisfaction of the Zoning Administrator.
6.2.1.4 Off-Street parking existing at the effective date of this ordinance in connection
with the operation of an existing building or use shall not be reduced to an
amount less than hereinafter required for a similar new building or use.
6.2.2
Parking Space Requirements for All Districts. Off-Street automobile storage or
parking space shall be provided with vehicular access to a street or alley, and shall be
equal to at least the minimum requirements for the specific land use set forth.
6.2.2.1 Dwellings — Parking for single-family detached and two-family does not have
to be paved. Parking for all multi-family dwelling units, townhouses and
condominiums must be paved.
a.
One and Two Families.
Two (2) spaces per dwelling unit.
b.
Multi-family.
One (1) bedroom - one and one-half (1.5) spaces per dwelling unit.
Two (2) bedrooms - one and three-fourths (1.75) spaces per dwelling nit.
Tree (3) bedrooms - Two (2) spaces per dwelling unit.
c.
Efficiency Apartment
One (1) space per dwelling unit.
d.
Hotels/Motels
One (1) space for each bedroom, plus one (1) additional space for each five
(5) employees on the largest work shift, plus one (1) space per three (3)
persons to the maximum capacity of each public meeting or banquet room,
plus fifty percent (50%) of the spaces otherwise required for accessory uses
(e.g., restaurants and bars).
e.
Tourist courts, mobile home, and recreational vehicle parks.
One (1) space for each guest bedroom or recreational vehicle space, plus
one (1) additional space for a resident manager or owner.
f.
Boarding and rooming house and dormitories.
One (1) space for each guest bedroom plus one (1) space for every three (3)
employees.
6-3
6.2.2.2 Public Assembly
a.
Religious Institutions.
Adequate, off-street, paved parking as required by the Board of
Commissioners.
b.
Private clubs, lodges, and fraternal buildings not providing overnight
accommodations.
One (1) space for each five (5) active members.
c.
Theaters, auditoriums, coliseums, stadiums and similar places of
assembly.
One (1) space for each four (4) seats.
d.
Libraries and museums
One (1) space for each five hundred (500) sq. ft. of gross floor area.
e.
Schools, including kindergartens, playschools and daycare centers.
One (1) space for each four (4) seats in assembly hall, or one (1) space for
each employee, including teachers and administrators, whichever is greater,
plus five (5) spaces per classroom for high schools and colleges.
f.
Skating rinks, dancehalls, exhibition halls, poolrooms and other places
of amusement or assembly without fixed seating arrangements.
One (1) space for each two hundred (200) sq. ft. of floor area.
g.
Bowling alleys.
Four (4) spaces for each alley or lane.
6.2.2.3 Health Facilities:
a.
Hospitals, sanitariums, nursing homes, homes for the aged and similar
institutional uses.
One (1) space for each four (4) beds (not including bassinets), plus one (1)
space for each four (4) employees, including nurses, plus one (1) space for
each hospital vehicle.
b.
Kennels and animal hospitals.
A parking area equal to thirty percent (30%) of the total enclosed or
cover area.
c.
Medical, dental and health offices and clinics.
One (1) space for each two hundred (200) sq. ft. of floor area used for
offices and similar purposes.
d.
Mortuaries and funeral parlors.
Five (5) spaces per parlor chapel unit, or one (1) space per four (4)
whichever is greater.
6-4
seats,
6.2.2.4 Businesses:
a.
Automobile repair establishments.
One (1) space for each regular employee plus one (1) space for each two
hundred and fifty (250) sq. ft. of floor area.
b.
Food Stores.
One (1) space for each two hundred (200) sq. ft. of floor area designated
for retail sales only.
c.
Restaurants, including bars, grills, diners, cafes, taverns, night
clubs, lunch counters, and all similar dining or drinking
establishments.
One (1) space for each four (4) seats provided for patron use, plus one
(1) space for each seventy-five (75) sq. ft. of floor area provided for
patron use but not containing seats.
d.
Office buildings, including banks, business, commercial and
professional offices and clinics.
One (1) space for each three hundred (300) sq. ft. of ground floor area,
plus one (1) space for each five hundred (500) sq. ft. of upper floor area.
e.
General business, commercial or personal service establishments
catering to the retail trade but excluding food stores.
One (1) space for each two hundred (200) sq. ft. of floor area designated
for retail sales only.
f.
Governmental offices.
One (1) space for each three hundred (300) sq. ft. of ground floor area
plus one (1) space for each five hundred (500) sq. ft. of upper floor area
and one (1) space for each governmental vehicle.
g.
Shopping centers.
For centers less than fifteen thousand (15,000) net sq. ft. (floor area
designated for retail sales only) - five (5) spaces per one thousand
(1,000) net sq. ft.; between fifteen thousand (15,000) and four hundred
thousand (400,000) net sq. ft. - four (4) spaces per one thousand (1,000)
net sq. ft.; between four hundred thousand (400,000) and six hundred
thousand (600,000) net sq. ft - four (4) spaces per net sq. ft; more than
six hundred thousand (600,000) net sq. ft. - five (5) spaces per one
thousand (1,000) net sq. ft.
h.
Furniture stores.
One (1) for each one thousand (1,000) sq. ft. of gross floor area but not
less than ten (10).
6-5
i.
Public utilities, such as telephone exchanges and substations, radio
and TV stations, and electric power and gas substations.
A parking area equal to twenty-five percent (25%) of the gross floor
area.
j.
Automobile sales lot, new and used.
One (1) space per six hundred (600) sq. ft. of enclosed floor space, plus
one (1) space for each three thousand (3,000) sq. ft. of outside display
area. Car display area does not have to be paved.
6.2.2.5 Industries:
a.
Commercial, manufacturing and industrial establishments not
catering to the retail trade.
One (1) space for each three (3) employees on the maximum working
shift, plus one (1) space for each company vehicle operating from the
premises.
b.
Wholesale establishments.
One (1) space for every fifty (50) sq. ft. of customer service area, plus
two (2) spaces for each three (3) employees on the maximum working
shift, plus one (1) space for each company vehicle operating from the
premises.
6.2.3
Parking Area Site Requirements. All off-street parking shall be laid out, constructed,
and maintained according to the following requirements (except in residential lots in the
A-1, A-2, RR, R-1, R-2 districts and for single-family and two-family dwellings in the
R-3 district). Note: Off-street parking includes parking spaces or lots for customers and
employees.
6.2.3.1 All parking areas shall be hard surfaces with concrete, plant or porous paving
material
6.2.3.2 Lighting facilities shall be arranged so that light is reflected away from adjacent
properties and streets.
6.2.3.3 The parking area shall be adequately drained.
6.2.3.4 No sign may be placed within the public right-of-way. Signs and planting strips
shall not obstruct the visibility of drivers or pedestrians.
6.2.3.5 Interior parking lot landscaping Amended March 4, 2013
For all parking lots of 25 spaces in any district shall provide a minimum of 5
present of the total parking as green space. This can be any combination of
trees and (or) evergreen shrubbery.
Trees must have a clear trunk at least six (6) ft. above the finished grade to allow
good visibility and safety. Evergreen shrubbery should also be maintained to no
more than 4 ft.
6-6
To prevent cars from parking to close to trees and to damaging shrubs, a curb or
wheelstop must be provided.
6.2.3.6 Perimeter Landscaping Adjacent to the Public Right-ofWay . All commercial
and industrial sites, unless otherwise specified in Section 6.7, must include a
perimeter landscape strip. The strip must be at least ten (10) ft. wide for sites
larger than fifteen thousand (15,000) sq. ft., or six (6) ft. wide if the site is
smaller. The strip must be located on the property, adjacent to the public rightof-way and cannot include any paved surfaces, with the exception of pedestrian
sidewalks or trails that cross the strip.
Preservation of natural woodland is preferred. If a woodland perimeter strip is
preserved all diseased, dangerous or decayed growth shall be removed. If the
natural growth is too dense for preferred growth, the natural growth may be
thinned. However, if there is no woodland perimeter, the strip must be planted as
follows: One (1) fifteen (15) gallon deciduous shade tree and ten (10) evergreen
shrubs are required per thirty-five (35) linear ft. of perimeter. Two (2) evergreen
or two (2) ornamental trees may be substituted for one (1) shade tree. One (1)
shade tree may be substituted for five (5) evergreen shrubs.
Plant materials at vehicular entrances should be located so as to maintain safe
sight distances.
If the required planting would result in an inappropriate or impractical design
due to underground utilities, overhead wires, or other related factors, a suitable
landscape plan, approved by the Madison County Board of Commissioners, may
be substituted.
6.2.3.7. Perimeter Landscaping and Buffer Areas. Amended 1/7/13: All commercial
and industrial sites, unless otherwise specified in this section, must include a
landscape strip at least ten (10) feet wide adjacent to public right-of-ways and on
all lot lines abutting residentially zoned property. Strips adjacent to public rightof-ways must be planted as follows: One (1) fifteen (15) gallon deciduous shade
tree and ten (10) evergreen shrubs are required per thirty-five (35) linear ft. of
road frontage. Two (2) evergreen or two (2) ornamental trees may be substituted
for one (1) shade tree. One (1) shade tree may be substituted for five (5)
evergreen shrubs. Landscaping for lot lines abutting residential property, shall
consist of a tight evergreen hedge with a five year height of at least eight (8)
feet. A solid fence may be substituted for the evergreen hedge if approved by the
Zoning Administrator.
On any business (B) or industrial (I) property, with any operation not conducted
within a building, such as outdoor recreation, outdoor storage of materials, and
outdoor servicing activities, shall be enclosed by a solid wall or solid fence of at
least eight (8) feet. The bottom of the fence must be no higher than four (4)
inches from the ground. The top of the fence must not have evidence of
significant elevation changes (i.e., the top of the fence at the highest topographic
elevation will determine the height of all portions of the fence, regardless of
elevation changes). If constructed from wood, fence height must be achieved by
the installation of one continuous 8-foot, or greater, board.
In any district, other than B or I, requiring screening of a specified
operation, said screening shall be a solid wall or solid fence or tight
evergreen hedge as required in the preceding paragraph. Depending upon the
6-7
character of area, a perimeter landscape strip may also be required as
determined by the Zoning Administrator.
A ten (10) ft. rear and side yard vegetated buffer consisting of a tight
evergreen hedge, with a five year height of at least eight (8) feet is required
for all multi-family development. If the required planting would result in an
inappropriate or impractical design due to underground utilities, overhead
wires, the character of the area, or other related factors, a more suitable
landscape plan may be approved by the Zoning Administrator.
All required buffer areas and landscape strips are in addition to area, yard,
and height requirements for the zoning classification district as specified in
Article VIII. Prior to any site construction or grading, the Zoning
Administrator must approve a landscaping plan prepared by a registered
landscape architect that identifies all plants to be incorporated in perimeter
and buffer areas.
Preservation of natural woodland is preferred. If a woodland perimeter strip
is preserved all diseased, dangerous or decayed growth shall be removed. If
the natural growth is too dense for preferred growth, the natural growth may
be thinned.
Plant materials at vehicular entrances should be located so as to maintain safe
sight distances.
If the required planting would result in an appropriate or impractical design
due to underground utilities, overhead wires, or other related factors, a
suitable landscape plan, approved by the Zoning Administrator, may be
substituted.
Any grading, improvements or construction adjacent to the perimeter
landscaping or buffer areas must not disturb or encroach on such areas.
Section 6.3 Off-Street Loading and Unloading Space
Off-street loading and unloading spaces shall be provided as hereinafter required by this ordinance.
6.3.1
Size of Off-Street Loading Spaces. Each off-street loading space shall have minimum
dimensions of fourteen (14) ft. in height, twelve (12) ft. in width, and fifty-five (55) ft. in
length. However, upon sufficient demonstration that a particular loading space will be
used exclusively by shorter trucks, the Zoning Administrator may reduce the minimum
length accordingly to as little as thirty-five (35) feet.
6.3.2
Connection to Street or Alley. Each required off-street loading space shall have direct
access to a street or alley or have a driveway, which offers satisfactory ingress and
egress for trucks.
6.3.3
Floor Area Over 10,000 Square Feet. Sufficient space for off-street loading and
unloading must be provided for each hospital, institution, hotel, commercial or industrial
building or similar use requiring the receipt or distribution of materials or
merchandise, and having a floor area of more then ten thousand (10,000) sq. ft. of floor
space or fraction thereof. Such space must be located so as not to hinder the free
movement of pedestrians and vehicles over a sidewalk, street or alley.
6-8
6.3.4
Floor Area less than 10,000 Square Feet. Sufficient off-street loading space (not
necessarily a full space if shared by an adjacent establishment) must be provided for
each commercial or industrial building requiring the receipt or distribution of materials
for merchandise and having a floor area of less than ten thousand (10,000) sq. ft. The
space must be located so as not to hinder the free movement of pedestrians and vehicles
over a sidewalk, street or alley.
6.3.5
Bus and Trucking Terminals. There shall be provided sufficient space to accommodate
the maximum number of busses or trucks to be stored or loaded at the terminal at any
one time.
6.3.6
Location of Off-Street Loading Spaces. All required off-street loading spaces shall be
located on the same lot as the building which they are intended to serve, or on an
adjacent lot when the loading spaces are shared with the use occupying said adjacent lot.
6.3.7
Permanent Reservation. Area reserved for off-street loading in accordance with this
ordinance must not be reduced or changed to any other use unless the permitted use that
the off-street loading serves is discontinued or modified. However, equivalent loading
space may be provided and approved by the Zoning Administrator.
Section 6.4 Control of Curb Cuts and Vision Clearance
The requirements for controlling curb cuts and maintaining vision clearance shall be as follows:
6.4.1
Curb Cuts. No curb cut shall be less than nine (9) ft. nor exceed thirty (30) ft. in length.
No curb cut shall be closer than twenty-five (25) ft. to another curb cut or access point,
except in residential zoning districts. At street intersections, no curb cut or other access
point shall be located closer than twenty-five (25) ft. from the intersecting point of the
two street rights-of-way or property lines involved (or such lines extended in case of a
rounded corner), whichever is the least restrictive.
A permit must be obtained from the Georgia Department of Transportation before curb
cuts or any other point of access shall be authorized onto state-owned highway rights-ofway from abutting property.
6.4.2
Vision Clearance. In all use districts, no fence, wall, shrubbery, sign, marquee or other
obstruction to vision between the heights of two and one-half (2½) and ten (10) ft. from
the ground level shall be permitted within twenty (20) ft. of the intersection of the rightof-way lines of two streets or railroad lines, of a street intersection with a railroad line,
or of curb cuts or driveways.
Section 6.5 Classification of Streets
All streets in Madison County, Georgia are divided into six (6) classes as follows:
6.5.1
Arterial. A street used primarily for fast or heavy through traffic.
6.5.2
Collector. A street designed to carry traffic from local streets to the major system of
arterial streets and highways and including the principal entrance streets to a residential
development and principal streets for circulation within a development.
6.5.3
Local Residential. A street designed to carry residential traffic between collector or
other streets or highways and abutting properties.
6-9
6.5.4
Local Commercial and Industrial. A street designed to provide vehicular access to
abutting commercial and industrial property.
6.5.5
Cul-de-sac. A local residential street having one end open to vehicular traffic and the
other end permanently closed with a vehicular turnaround.
6.5.6
Frontage Road. A minor street parallel to and adjacent to an arterial street, whose
primary purpose is providing access to abutting properties.
Section 6.6 Storage and Parking of Recreational Vehicles, Trailers, and other
Vehicles
Commercial vehicles and trailers of all types, including travel, boat, camping and hauling, shall not be
parked or stored on any lot occupied by a dwelling or any lot in any Residential District except in
accordance with the following requirements:
6.6.1
No commercial vehicle used for hauling explosives, gasoline or liquefied
petroleum products is permitted.
6.6.2
Recreational vehicles, hauling trailers, or boat trailers are permitted if parked or stored
behind the front yard building line.
6.6.3
A recreational vehicle shall not be occupied either temporarily or permanently while it is
parked or stored in any area except in a recreational vehicle park authorized under this
ordinance, or as otherwise stated in this ordinance.
6.6.4
Individual RV's occupied temporarily by a guest of the owner or tenant of the property
on which the RV is located, shall be allowed, not to exceed fifteen (15) consecutive
calendar days in any sixty (60) day period.
6.6.5
In all residentially zoned districts it is prohibited to park or store abandoned, wrecked or
junked vehicles, power-driven construction equipment, used lumber or metal, or any
other miscellaneous scrap or salvageable material in quantity. For the purposes of this
subsection, an abandoned vehicle shall be a vehicle without current state license.
Section 6.7 Lighting
All outdoor lighting must reflect away from all residential dwellings and shall be situated to not directly
reflect into any public right-of-way.
6-10
Section 6.8 Site and Sketch Plans.
The purpose of site and sketch plans is to provide the approving authority detailed information sufficient
to judge the soundness of each proposed project or development; its impact on the community,
environment, and traffic; its conformity with county land use ordinances and Madison County Board of
Health regulations; the location of landscaping and buffers and its compatibility with the surrounding
area.
6.8.1 Site Plans
Site plans are scaled drawings; on plats, blueprints, drafting paper, suitable paper;
drawn to a scale of 1 inch equal to 100 feet; representing the intended layout of a
development or project. Unless otherwise required in this ordinance, or determined
by the Zoning Administrator as unnecessary to a specific development or project,
each site plan shall include:
6.8.1.1 the location size and function of all existing or planned
structures; and
6.8.1.2 the location of all existing and planned uses; and
6.8.1.3 location and dimensions of all existing and planned
easements and private access drives; and
6.8.1.4 the number of dwelling units or businesses in each building; and
6.8.1.5 the dimensions of the lot and location of all lot lines; and
6.8.1.6 location of any barriers to development such as
wetlands, streams, lakes, ponds flood plains, etc.; and
6.8.1.7 location and surface treatment of adjacent roadways; and
6.8.1.8 details of water and sewerage facilities; and
6.8.1.9 all setback distances; and
6.8.1.10 the location of landscaping, proposed public or common
open spaces and buffers; and
6.8.1.11 the location(s) and dimensions of all required parking
spaces; and
6.8.1.12 location of fences, septic tanks, septic tank drain field
lines and area(s) for reserve drain field lines; and
6.8.1.13 location and dimensions of all outside storage areas; and
6.8.1.14 proposed method of storm water management; and
6.8.1.15 all paved areas.
6.8.1.16 any additional information deemed pertinent by the
Zoning Administrator in meeting the objectives of Section
6.8 of this Ordinance.
6-11
6.8.2 Sketch Plan.
Sketch plans are hand drawn, not-to-scale renderings drawn on plats, plain paper or other suitable writing
material and includes the same relevant information required for site plans, but presented in a less formal
manner.
6-12
ARTICLE VII: USE PROVISIONS BY DISTRICT
P = Permitted C= Conditional Use
Amended 1/7/13
Also see zoning classifications.
Zoning Districts
Type of Use
Accessory Agricultural Bldgs.
A-1
A-2
RR
P
P
P
R-1
R-2
R-3
Accessory Commercial Bldgs.
Accessory Residential Bldgs.
Airplane Landing Field
Animal Hospital
Animals or fowl, meeting the
definition of Animal Units
P
P
P
P
P
B
I
P
P
P
C
P
P
C
P
P
P
P
P
Animal Shelters
P
Antenna, (Large) Satellite TV
P
Apartments Houses
P
Appliance Repair
P
Arts and Craft Store
P
C
C
P
Automobile Junk Yards
C
Automobile Repair Garage
P
Automobile Sales Lot
P
Bait Shop
C
C
C
C
C
Bakeries
Beauty and Barber Shop
Bed and Breakfast
P
P
P
C
P
C
P
C
P
C
P
C
P
C
Bicycle Sales and Repair
Shop
Boarding House
P
P
Apparel Store
Auction Barns
CSO
P
P
C
P
C
Boat Dealers
Books, Stationary and Card
Shop
P
Bowling Alleys
P
Building Services and
Supplies
P
P
Bus and Truck Terminal
Business and Commercial
Schools
P
P
7-1
P
C-SP
RIV
WP
FP
Type of Use
Zoning Districts
A-1
A-2
RR
R-1
R-2
R-3
B
Cabinet Makers
p
Cafes and Grills
p
Car Wash
P
Caretaker Dwelling
C
P
P
P
P
C
C
P
P
P
P
P
P
P
P
C
C
P
Club or Lodge
C
P
P
P
P
P
C
Daycare Center
C
C
C
P
C
C
C
C
C
C
C
C
Drug Stores
P
P
P
P
P
P
P
P
P
P
P
P
Dwelling, Multi-Family
Dwelling, Two-Family
(Duplex)
P
P
P
P
P
P
Electronic Supply Store
P
Fabric Store
P
Farm Animals
Farm Based Business
FP
P
Convenience Store
Dwelling, Single-Family
Dwelling, Single-Family
Attached
Dwelling, Single-Family
Detached
WP
P
Condominium
Daycare, Limited
RIV
P
Cold Storage Plant
Confectionary Stores
Confined Animal Feeding
Operation
C-SP
P
Cemeteries, Public
Church
CSO
C
Catering Establishments
Cemeteries, Private
I
P
P
P
P
P
Farm Equipment Sales
P
Farming (Intensive)
P
Farming (General)
P
Feedlot
P
P
P
Financial Institution
P
Fine Arts School
P
Food Processing Plant
P
7-2
P
P
P
Zoning Districts
Type of Use
A-1
A-2
RR
R-1
R-2
R-3
B
I
CSO
C-SP
RIV
W
FP
P
Fruit and Produce Stand
Funeral Homes and
Mortuaries
P
P
P
P
P
Garage Apartments
P
P
Gasoline Service Stations
P
Golf Courses
Greenhouses
C
P
C
C
C
C
P
Grocery Stores
P
Group Home
C
Hardware Store
Home Occupation
P
P
P
P
P
P
P
P
Hospitals
P
Industrial Parks
Industrialized Bldgs.
P
P
P
P
P
P
P
Kennels
Landfills
Landfill, Inert, Yard
Trimmings Only
P
C
C
Laundromats
Laundry and Dry Cleaning
Stores
Livestock Sales Pavilion
P
P
P
Lumber Yards
Manufactured Homes
C
P
P
P
P
P
Manufactured Home Parks
P
C
Manufactured Home Sales
P
Manufacturing
P
Medical Clinics
P
Mini-Warehouse
P
Mining
Mobile Homes
C
P
P
P
P
P
P
Motels
P
News and Tobacco Stores
P
7-3
Zoning Districts
Type of Use
A-1
B
I
Newspaper Plant
P
P
Nursing Home
P
Nursery, Plant
P
A-2
RR
R-1
R-2
R-3
Outdoor Storage Yards
P
Personal Care / Assisted
Living
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
C
Radio/TV Repair
P
Radio/TV Sales
P
Radio/TV Stations
P
Recreational Areas
P
Recreational Developments
C
P
P
C
P
C
P
C
P
C
P
Rental Sales
P
P
P
Repair Shops
P
C
C
C
P
Restaurants
P
C
C
Rifle Ranges
C
C
P
RV Parks
C
C
P
Sawmills
P
P
Public Park
Riding Stables
P
P
P
Professional Bldgs.
Respite Home
FP
B-1
P
Processing Plants
Religious Institutions
WP
P
P
Printing Shops
Private School
RIV
P
P
P
C-SP
P
Office Buildings
Pasture Land
Parking Lots and Parking
Garages
CSO
P
Sewer and Septic Tank
Cleaning
P
Shopping Centers
P
Signs
P
Slaughter Houses
C
P
P
P
P
P
P
P
C
7-4
P
P
P
Zoning Districts
Type of Use
A-1
A-2
RR
R-1
R-2
R-3
Sporting Goods Store
P
Storm Shelters
P
P
P
P
P
Swimming Pools, Private
P
P
P
P
P
C
C
C
Swimming Pools, Public
Swimming Pool Sales and
Service
Telecommunications Towers
C
Temporary Buildings
P
P
Timber Production
P
P
P
P
C
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Video Arcades
Warehouses—Wholesaling- –
With Offices
P
P
7-5
Overlay zone
Overlay zone
RIV
P
Travel Agencies
2
C-SP
P
Townhouses
1
CSO1
P
Taxi Service
Veterinarian Clinics
I
P
Stack Houses
Truck Dealers
Trucking and Motor Freight
Companies
Utilities, Structures and
Buildings
B
P
WP2
FP
HOME OCCUPATIONS
P = Permitted (See Section 9.5.1 and 9.5.2 for requirements)
Zoning Districts
Type of Use
A-1
A-2
RR
R-1
R-2
R-3
CSO
Adult Daycare
P
P
P
P
Appliance Repair
P
P
Architectural Services
P
P
P
P
P
P
P
Art Studio
P
P
P
P
P
P
P
Barber Shop
P
P
P
P
P
P
P
Beauty Shop
P
P
P
P
P
P
P
P
P
P
P
Catering
Ceramics
P
P
Child Care
P
P
P
P
P
P
P
Computer Programming
P
P
P
P
P
P
P
Consulting Services
Contracting, Masonry,
Plumbing or Painting
P
P
P
P
P
P
P
P
P
Data Processing
P
P
P
P
P
P
P
Dental Tech. & Lab.
P
P
P
P
P
P
P
Direct Sales (Amway, Avon,
Tupperware, etc.
P
P
P
P
P
P
P
Drafting & Graphic Svc.
Dressmaking , Tailoring,
Contract Sewing
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Electronic Assy.
P
P
P
P
P
P
P
Engineering Services
P
P
P
P
P
P
P
Event Hall
C
Financial Planning
P
P
P
P
P
P
P
Flower Arranging
P
P
P
P
P
P
P
Home Office
P
P
P
P
P
P
P
House Cleaning Service
P
P
P
P
P
P
House Painter
P
P
Insurance Sales
P
P
P
P
P
P
P
Interior Design
P
P
P
P
P
P
P
Laundry & Ironing Svc.
P
P
P
P
P
P
P
Locksmith
P
P
P
P
P
P
P
Plumbing
P
P
P
P
7-6
C
P
P
P
P
HOME OCCUPATIONS
P = Permitted (See Section 9.5.1 and 9.5.2 for requirements)
Zoning Districts
Type of Use
Real Estate Sales
A-1
A-2
RR
R-1
P
P
P
P
Restaurant/ Food Preparation
P
P
Telephone
Answering/Switchboard
P
P
Tow Truck Service
P
P
Tutoring
P
P
Upholstery
P
P
Writing
P
P
7-7
P
P
P
P
P
P
P
P
R-2
P
P
R-3
CSO
P
P
P
P
P
P
P
P
P
P
P
P
P
Section 7.1 A-1 Agricultural District (Intensive Farming)
This zoning district is comprised primarily of open farm land and land used for intensive agriculture,
livestock and poultry production. The intent of the regulations is to encourage the maintenance of the
general rural character of openness and discourage the subdivision of land, which is better suited to
agricultural usage. The minimum parcel subdivision in this district is five (5) acres. Residential
subdivisions are inappropriate in this district.
The siting of private landfills in this district is inconsistent with the intent of this district, except for
certain types of inert landfills as a conditional use, as described in section 7.1.2.12.
7.1.1
Permitted Uses. Within the A-1 District, the following uses are permitted:
7.1.1.1
Single-family dwelling which serves as the principal dwelling for the owner or
operator of the agricultural activity.
7.1.1.2
Individual manufactured home, mobile home, or industrialized building which
serves as the principal dwelling for the owner or operator of the agricultural
activity.
7.1.1.3
Agricultural uses including forestry, commercial greenhouse and plant
nurseries (wholesale and retail), livestock and poultry grazing, feed lots,
turkey ranges, and animal waste lagoons, provided that no structure housing
poultry or other livestock (hog parlors) or containing manure or other dust
producing substance is located closer than four hundred (400) ft. from an
existing dwelling unit other than that of the property owner or two hundred
(200) ft. from any common property line. A fence erected for the purpose of
containing livestock or for delineating agricultural properties are exempt from
the four hundred (400) ft. requirement. If a residence, other than that of the
property owner, is constructed closer than four hundred (400) ft. to an existing
structure housing poultry or livestock, or existing turkey ranges, or animal
waste lagoons, the four hundred (400) ft. buffer distance requirement shall not
apply. Structures housing livestock only, excluding hog parlors and other uses
identified above, shall be located no closer than fifty (50) ft. from any adjacent
property line.
7.1.1.4
Rural home occupation provided the requirements of Article IX are met.
7.1.1.5
Commercial timber production. To qualify as a commercial timber tract the
tract must be under an approved forestry management plan.
7.1.1.6
Stack houses provided that said stack house is not located within four hundred
(400) ft. of a dwelling unit other than that of the owner of the property on
which the stack house is to be located or two hundred (200) ft. from any
common property line.
7.1.1.7
Accessory buildings and uses customarily incidental to the operation of a
farm, including, private garages, sheds, barns or other storage structures,
provided said structures are located on the same lot or farm and are not used
for conducting a business or service inconsistent with A-1 allowed practices.
7.1.1.8
Livestock sales pavilion.
7.1.1.9
Signs, provided the requirements of Article X are met.
7-8
7.1.1.10
Public utilities.
7.1.1.11 Wholesale and retail sale of agricultural and agriculturally related products
and commodities. Adequate off-street parking must be provided at the site.
Any structure used for such sales shall not be located closer than thirty-five
(35) ft. to any common property line. For property abutting a street not having
an established right-of-way, the minimum structure setback shall be seventyfive (75) feet as measured from the street centerline. The sale of the products
and commodities shall not adversely affect existing adjacent residential uses
or severely impede traffic in the area.
7.1.1.12 Temporary sawmills and planning mills used for removing and processing
timber on adjacent areas provided that the mill and storage areas are not
located closed than four hundred (400) ft. to a residence, other than the
residence of the owner upon whose land the sawmill is located.
7.1.1.13 Above and below ground home swimming pools provided the location is not
closer than ten (10) ft. to any property line and the pool is enclosed by a wall
or fence of at least four (4) ft. in height and provided approval from the
Madison County Health Department has been obtained.
7.1.1.14 Storm shelters provided they are in accordance with section 9.4.
7.1.1.15
Religious institutions and their customary related facilities, provided such
uses are located on a lot with a minimum of two (2) acres and that a site plan
(see Section 6.8.1) of the development is submitted with the application and
provision is made for adequate paved off-street parking. All buildings must be
placed at least fifty (50) ft. from any property line. A ten (10) ft. wide buffer
area along its exterior boundary lines that do not border the frontage street.
The buffer must not extend into the required front yard. The buffer area should
be planted with evergreen tress or evergreen shrubs that grow at least eight (8)
feet tall within five (5) years and provide an effective visual screen.
7.1.1.16 Religious institution cemeteries located within the religious institution property
provided the requirements of Article IX are met.
7.1.1.17 Farm owners who because health, financial necessity, or retirement, find it
necessary to reduce their farm tract to a single lot containing their principal
residential dwelling and who intend to continue residing in such dwelling,
may retain for themselves a portion of the original tract for such lot containing
two (2) or more acres provided the remainder of the tract is liquidated at the
same time and in accordance with the land subdivision regulations of the
district. This exemption can be used only once per farm owner and the lot so
retained shall continue its zoning classification unless a zoning map
amendment has been approved by the Board of Commissioners.
7.1.1.18 Animal Hospitals and Veterinarian Clinics.
7.1.1.19 Accessory Dwelling Unit (ADU), must comply with Section 8.5.1.
7.1.1.20 Private Schools are required to submit all required plans and permits to the
Planning & Zoning Department (see Section 6.8.1). All building plans as
required under the Madison County Zoning Ordinance are to be submitted to
Building Inspection. All buildings must meet the required set back as required
for that zoning classification. Landscaping as required under Section6.2.36.
Amended January 9, 2012
7-9
7.1.2
Conditional Uses. Within the A-1 Agricultural District (Intensive Farming), the uses
enumerated below may be permitted. Conditional use applications may be approved or
denied as submitted or may be approved subject to specified conditions in addition to
those described herein. (See 11-8)
7.1.2.1
Farm-based businesses provided they are secondary to the primary agricultural
use of the property, are for supplemental employment of farmers and can
function effectively without disrupting the agricultural or rural character of the
area or creating a nuisance for nearby residences. All farm-based businesses
must comply with Article IX.
7.1.2.2
Bed and Breakfast provided the requirements of Article IX are met.
7.1.2.3
Commercial slaughterhouses, for the slaughter and sale of poultry, pork, beef,
etc., provided that the slaughterhouse is not located closer than five hundred
(500) ft. to a residence other than that of the owner of the slaughterhouse or
three hundred (300) ft. to any common property line.
7.1.2.4
Commercial riding stables and academies, provided that no structure or corral
housing horses is located closer than fifty (50) ft. to any common property
line.
7.1.2.5
Radio, television and microwave broadcasting towers, not including studios or
offices, provided such towers meet the requirements of Article IX.
7.1.2.6
Non-conforming agricultural structures which are destroyed (damage equals
or exceeds seventy-five percent (75%) of the structures’ replacement value),
(as determined by the Building Inspector) through no intent of the owner of
said structure, may be rebuilt as a larger non-conforming structure, in
accordance with section 6.1.2.4.
7.1.2.7
Caretaker or employee single-family dwellings provided the requirements of
Article IX are met.
7.1.2.8 Private airstrip (provided all the requirements in article 9.18 are met).
7.1.2.9 Limited Day Care provided the requirements of Section 9.19 are met.
7.1.2.10 Amended April 6, 2009: Inert waste landfills complying with all requirements
of federal and state law and regulation, provided that such landfill accept no
type of waste other than solid waste consisting of earth and earth-like
products, concrete, cured asphalt, rock, bricks, yard trimmings and land
clearing debris such as stumps, limbs and leaves, and that such landfill accept
no type of waste that will produce or is likely to produce leachate of
environmental concern. In addition to the general requirements for a
conditional use permit, as set forth in sections 11.8 and 11.9 hereof, a
conditional use permit for a landfill as described herein is subject to the
following:
7.1.2.10.1 The requirement of a site plan in compliance with section 6.8
may not be waived.
7.1.2.10.2 If a conditional use permit is granted, all development must
take place in strict conformity to the application documents,
including but not limited to the site plan.
7-10
7.1.2.10.3 No conditional use permit shall be granted unless the
application is in compliance and consistent with the North
East Georgia Regional Solid Waste Management Plan of
2004, or its most recent iteration. The Solid Waste
Coordinator shall review the application and make a report
to the Planning Commission and the Board of
Commissioners on the application’s compliance and
consistency with the North East Georgia Regional Solid
Waste Management Plan of 2004, or its most recent
iteration.
7.1.2.10.4 No inert landfill shall begin the ground disturbing process
without first receiving a soil erosion and sedimentation
control permit from the Georgia Environmental Protection
Division.
7.1.2.10.5 No inert landfill shall begin the ground disturbing process
without first receiving a solid waste handling permit from
the Georgia Environmental Protection Division.
7.1.2.10.6 All inert landfills shall be subject to inspections by the
Madison County Code Enforcement Officer for compliance
with this ordinance and all other County regulations.
7.1.2.10.7 When using the powers granted by section 7.1.2.10.7 of this
ordinance, if the Madison County Code Enforcement Officer
finds a violation of any of the terms of this, or any other of
the county’s regulations, the landfill shall cease operation
until it can be brought into compliance with all of the
County’s regulations.
7.1.2.11 Event hall, provided that the conditions of Article IX are met, and that the
event hall is a separate, accessory structure smaller than the main dwelling.
7.1.2.12 Rifle Ranges
7.1.2.13 R V Parks as allowed under Section 9.1.
7.1.2.14 Auction Barns, with the exclusion of selling cars, trucks and boats, Operation
hours shall be no later than 10:00 p.m. After 8:00 p.m. all sells must be
contained within the building.
7.1.2.14 Respite Home Amended 3/4/13
Section 7.2 A-2 Agricultural District (General Farming)
This zoning district is comprised primarily of general farming areas where some development of low
density, single-family, residential development has occurred or is occurring. The regulations of the
district are designed primarily to encourage a compatible relationship between agriculture and low
density, single-family rural residential development. The minimum parcel subdivision in this district is
five (5) acres.
The siting of private landfills in this district is inconsistent with the intent of this district.
7.2.1
Permitted Uses. Within the A-2 District, the following uses are permitted.
7.2.1.1
Single-family dwelling which serves as the principal dwelling for the owner or
operator of the agricultural activity.
7-11
7.2.1.2
Individual manufactured home, mobile home, or industrialized building which
serves as the principal dwelling for the owner or operator of the agricultural
activity.
7.2.1.3
Agricultural uses including forestry, truck gardening, livestock production and
general horticulture, but excluding commercial poultry production, hog
operations, slaughter houses, and animal waste lagoons. All structures housing
permitted livestock shall not be located closer than fifty (50) ft. to any
common property line.
7.2.1.4
Rural home occupations provided the requirements of Article IX are met.
7.2.1.5
Accessory buildings and uses customarily incidental to the operation of a
farm, including private garages, sheds, barns or other storage structures,
provided said structures are located on the same lot or farm and are not used
for conducting a business or service inconsistent with A-2 permitted uses.
7.2.1.6
Signs, provided the requirements of Article X are met.
7.2.1.7
Public utilities.
7.2.1.8
Sale of agricultural and agriculturally related products. Adequate on-site
parking must be provided at the site. Any structure for such sales shall not be
located closer than thirty-five (35) ft. to any common property line. For
property abutting a street not having an established right-of-way, the minimum
structure setback shall be seventy-five (75) ft. as measured from the street
centerline. The sale of the products and commodities shall not adversely affect
existing adjacent residential uses or severely impede traffic in the area.
7.2.1.9
Above and below ground home swimming pools provided the location is not
closer than ten (10) ft. to any property line; and the pool is enclosed by a wall
or fence of at least four (4) ft. in height; and approval from the Madison
County Health Department has been obtained.
7.2.1.10 Storm shelters, provided they are in accordance with section 9.4.
7.2.1.11 Private cemetery.
7.2.1.12 Farm owners who because of health, financial necessity, or retirement, find it
necessary to reduce their farm tract to a single lot containing their principal
residential dwelling and who intend to continue residing in such dwelling,
may retain for themselves a portion of the original for such lot containing two
(2) or more acres provided the remainder of the tract is liquidated at the same
time and in accordance with the land subdivision regulations of the district.
This exemption can be used only once per farm owner and the lot so retained
shall continue its zoning classification unless a zoning map amendment has
been approved by the Board of Commissioners.
7.2.1.13 Religious institutions and their customary related facilities, provided such uses
are located on a lot with a minimum of two (2) acres and fronting on a public
right-of-way or fronting on a private street which connects with a public rightof-way. The minimum building front setback is fifty (50) feet. A ten (10) ft.
wide buffer area is required along any property line abutting property in zones
A-2, RR, R-1, R-2, R-3, or other property utilized for residential use.
7-12
7.2.1.14 Religious institution cemeteries provided the requirements of Article IX are
met.
7.2.1.15 Animal Hospitals and Veterinarian Clinics.
7.2.1.16 Accessory Dwelling Unit, (ADU) as allowed in Section 8.5.1.
7.2.1.17 Private Schools are required to submit all required plans and permits to the
Planning & Zoning Department (see Section 6.8.1). All building plans are
required under the Madison County Zoning Ordinance are to be submitted to
Building Inspection. All buildings must meet the required set back as required
for that zoning classification. Landscaping as required under Section 6.2.3.6.
Amended January 9, 2012
7.2.2
Conditional Uses. Within the A-2 Agricultural District (General Farming), the uses
enumerated below may be permitted. Conditional Use applications may be approved or
denied as submitted or may be approved subject to specified conditions in addition to
those described herein. (See 11-8)
7.2.2.1
Farm-based businesses provided they are secondary to the primary agricultural
use of the property, are for supplemental employment of farmers and can
function effectively without disrupting the agricultural or rural character of the
area or creating a nuisance for nearby residences. All farm-based business
must meet the requirements of Article IX.
7.2.2.2
Bed and Breakfast provided the requirements of Article IX are met.
7.2.2.3
Recreational developments including, but not limited to, private or public
fishing lakes, bait shops, swimming pools, golf courses or driving ranges, or
other recreational developments provided that a site plan (see Section 6.8.1)
for the development, a signed certificate of approval by the Madison County
Health Department if well(s) and/or septic tanks are involved and a time
schedule setting forth a development program are submitted.
7.2.2.4
A public cemetery provided the requirements of Article IX are met.
7.2.2.5
Convenience store.
7.2.2.6
Commercial riding stables and academies, provided that no structure or corral
housing horses is located closer than fifty (50) ft. to any common property
line.
7.2.2.7
Caretaker or employee single-family dwellings provided the requirements
of Article IX are met.
7.2.2.8
Limited Day Care provided the requirements of Section 9.19 are met.
7.2.2.9
Event hall, provided that the conditions of Article IX are met, and that the
event hall is a separate, accessory structure smaller than the main dwelling.
7.2.2.10 Rifle Ranges.
7.2.2.11 R V Parks as allowed in Section 9.1
7.2.2.12 Auction Barns, with the exclusion of selling cars, trucks, and boats. Operation
hours shall be no later than 10:00 p.m. all sells must be contained within the
building.
7-13
7.2.2.13Respite Home
Amended 3/4/13
Section 7.3 RR Rural Residential (formerly Agricultural/Residential)
This zoning district is comprised primarily of limited agricultural activities in areas where single-family
residential development has occurred or is occurring. The regulations for this district are designed to
provide the landowner an opportunity to engage in limited hobby-type agricultural activities for personal
use, with the exception of fresh fruits, flowers or vegetables grown on the property which may be sold to
the public, provided this exception does not extend to allow the operation of a commercial greenhouse or
nursery. The regulations are intended to allow medium rural residential densities; limited convenience
oriented commercial activities, and recreational development without encouraging multi-family
development. The minimum subdivision in this district is two (2) acres.
The siting of private landfills in this district is inconsistent with the intent of this district.
7.3.1
Permitted Uses. Within the RR District, the following uses are permitted:
7.3.1.1
Single-family dwellings.
7.3.1.2
Individual manufactured or mobile homes or industrialized buildings provided
the requirements of Article IX are met.
7.3.1.3
Accessory buildings including garages, sheds, or other structures required for
or customarily incidental to the limited agricultural activity permitted in this
district. Automobiles not in operating condition shall not be parked between
the residence and the street or streets it adjoins. All cars not in operating
condition shall be parked in the rear yard, carport, or garage. All automobile
parts shall be stored within a garage or enclosed storage building.
7.3.1.4
Agricultural uses including the raising of farm animals for the property
owner's use or consumption, but not for sale purposes. No farm animals are
allowed to run free, they must be contained within a structure, pen, or fence.
All structures housing permitted livestock shall not be closer than fifty (50) ft.
to any common property line. (Amended January 4, 2010)
7.3.1.5
Residential home occupations provided the requirements of Article IX are
met.
7.3.1.6
Signs, provided the requirements of Article X are met.
7.3.1.7
Public utilities.
7.3.1.8
Above and below ground home swimming pools provided the location is not
closer than ten (10) ft. to any property line; the pool is enclosed by a wall or
fence of at least four (4) ft. in height; and approval from the Madison County
Health Department has been obtained.
7.3.1.9
Storm shelters, provided they are in accordance with Section 9.4.
7.3.1.10 Animal Hospitals and Veterinarian Clinics.
7.3.1.11 Religious institutions and their customary related facilities, provided such uses
are located on a lot with a minimum of two (2) acres and that a site plan (see
Section 6.8.1) of the development is submitted with the application and
provision is made for adequate paved off-street parking. All buildings must be
7-14
placed at least fifty (50) ft. from any property line. A ten (10) ft. wide buffer
area along its exterior boundary lines that do not border the frontage street.
The buffer must not extend into the required front yard. The buffer area
should be planted with evergreen tress or evergreen shrubs that grow at least
eight (8) feet tall within five (5) years and provide an effective visual screen
7.3.1.12 Religious institution cemeteries provided the requirements of Article IX are
met.
7.3.1.13 Accessory Dwelling Unit, (ADU) as allowed in Section 8.5.1.
7.3.1.14 Private Schools are required to submit all required plans and permits to the
Planning & Zoning Department (see Section 6.8.1). All building planes as
required under the Madison County zoning Ordinance are to be submitted to
Building Inspection. All Buildings must meet the required set back as
required for that zoning classification. Landscaping as required under Section
6.2.3.6. Amended January 9, 2012
7.3.2
Conditional Uses. Within the RR Rural Residential District, the uses enumerated below
may be permitted. Conditional Use applications may be approved or denied as submitted
or may be approved subject to specified conditions in addition to those described herein.
(See 11-8)
7.3.2.1
Bed and Breakfast provided the requirements of Article IX are met.
7.3.2.2
A public cemetery provided the requirements of Article IX are met.
7.3.2.3
Recreational developments including, but not limited to, private or public
fishing lakes, bait shops, swimming pools, golf courses or driving ranges, or
other recreational developments provided that a site plan (see Section 6.8.1)
for the development, a signed certificate of approval by the Madison County
Health Department if well(s) and/or septic tanks are involved and a time
schedule setting forth a development program are submitted
7.3.2.4
Kindergartens, playschools, daycare centers, daycare homes, and personal
care homes. A site plan (see Section 6.8.1) of the development must be
submitted with the application accompanied by a signed certificate by the
Madison County Health Department if well(s) and/or septic tanks are
involved and a time schedule setting forth a development program is
submitted.
7.3.2.5
Convenience store.
7.3.2.6
Limited Day Care provided the requirements of Section 9.19 are met.
7.3.2.7
Respite Home
Amended 3/4/13
7-15
Section 7.4 R-1 Single Family Residential
Within the residential districts, R-1, R-2, and R-3, this district is comprised of certain lands and
structures having a predominately low density, single-family character. Additional undeveloped areas
have been included in this district where it appeared likely that similar development would and should
occur.
The siting of private landfills in this district is inconsistent with the intent of this district.
7.4.1
Permitted Uses. Within the R-1 District, the following uses are permitted:
7.4.1.1
Single-family detached dwellings.
7.4.1.2
Individual manufactured homes qualifying as Dwelling, Single-Family,
Detached.
7.4.1.3
Industrialized Buildings qualifying as Dwelling, Single-Family, Detached.
7.4.1.4
Accessory buildings located on the same lot or parcel of land as the principal
structure and customarily incident thereto and provided the requirements of
Article VIII and Section 9.3 are met.
7.4.1.5
Residential home occupations provided the requirements of Article IX are
met.
7.4.1.6
Above and below ground home swimming pools provided the location is not
closer than ten (10) feet to any property line; and the pool is enclosed by a
wall or fence of at least four (4) feet in height; and approval from the Madison
County Health Department has been obtained.
7.4.1.7
Storm shelters, provided they are in accordance with Section 9.4.
7.4.1.8 Religious institutions and their customary related facilities, provided such
uses are located on lot with a minimum of two (2) acres and that a site plan
(see Section 6.8.1) of the development is submitted with the application and
provision is made for adequate paved off-street parking. All buildings must
be placed at least fifty (50) ft. from any property line. A ten (10) ft. wide
buffer area along its exterior boundary lines that do not border the frontage
street. The buffer must not extend into the required front yard. The buffer
area should be planted with evergreen tress or evergreen shrubs that grow at
least eight (8) feet tall within five (5) years and provide an effective visual
screen.
7.4.1.9
Religious institution cemeteries provided the requirements of Article IX are
met.
7.4.1.10
Private Schools are required to submit all required plans and permits to the
Planning & Zoning Department (see Section 6.8.1). All building planes as
required under the Madison County zoning Ordinance are to be submitted to
Building Inspection. All Buildings must meet the required set back as
required for that zoning classification. Landscaping as required under Section
6.2.3.6. Amended January 9, 2012
7-16
7.4.2
Conditional Uses. Within the R-1 Residential District, the uses enumerated below may
be permitted. Conditional Use applications may be approved or denied as submitted or
may be approved subject to specified conditions in addition to those described herein.
(See 11-8)
7.4.2.1
Bed and Breakfast provided the requirements of Article IX are met.
7.4.2.2
Kindergartens, playschools, daycare centers, daycare homes, and personal
care homes. A site plan (see Section 6.8.1) of the development must be
submitted with the application accompanied by a signed certificate by the
Madison County Health Department if well(s) and/or septic tanks are
involved and a time schedule setting forth a development program is
submitted.
7.4.2.3
Recreational developments including, but not limited to, private or public
fishing lakes, bait shops, swimming pools, golf courses or driving ranges, or
other recreational developments provided that a site plan (see Section 6.8.1)
for the development, a signed certificate of approval by the Madison County
Health Department if well(s) and/or septic tanks are involved and a time
schedule setting forth a development program are submitted
7.4.2.4 Limited Day Care provided the requirements of Section 9.19 are met.
Section 7.5 R-2 Medium Density Single-Family and Two-Family Residential
Within the residential districts, R-1, R-2 and R-3, this district is comprised primarily for medium density
single-family residential areas and two-family residential areas.
The siting of private landfills in this district is inconsistent with the intent of this district.
7.5.1
Permitted Uses. Within the R-2 District, the following uses shall be permitted:
7.5.1.1
Single-family, detached dwellings.
7.5.1.2
Two-family dwellings (duplex)
7.5.1.3
Manufactured homes, qualifying as Dwelling, Single Family, Detached and
Dwelling, two-family (duplex).
7.5.1.4
Industrialized building qualifying as Dwelling, Single Family, Detached.
7.5.1.5
Garage apartment.
7.5.1.6
7.5.1.7
Accessory buildings when located on the same lot or parcel of land as the
principal buildings and provided that the requirements under Article VIII and
Section 9.3 are met.
Residential home occupations provided the requirements of Article IX are
met.
7-17
7.5.1.8
Above and below ground swimming pools provided the location is not closer
than ten (10) feet to any property line; and the pool is enclosed by a wall or
fence of at least four (4) feet in height; and approval of the Madison County
Health Department has been obtained.
7.5.1.9
Storm shelters, provided they are in accordance with Section 9.4.
7.5.1.10 Religious institutions and their customary related facilities, provided such
uses are located on a lot with a minimum of two (2) acres and that a site plan
(see Section 6.8.1) of the development is submitted with the application and
provision is made for adequate paved off-street parking. All buildings must be
placed at least fifty (50) ft. from any property line. A ten (10) ft. wide buffer
area along its exterior boundary lines that do not border the frontage street.
The buffer must not extend into the required front yard. The buffer area
should be planted with evergreen tress or evergreen shrubs that grow at least
eight (8) feet tall within five (5) years and provide an effective visual screen.
7.5.1.11 Religious institution cemeteries provided the requirements of Article IX are
met.
7.5.1.12 Private Schools are required to submit all required plans and permits to the
Planning & Zoning Department (see Section 6.8.1). All building planes as
required under the Madison County zoning Ordinance are to be submitted to
Building Inspection. All Buildings must meet the required set back as
required for that zoning classification. Landscaping as required under Section
6.2.3.6. Amended January 9, 2012
7.5.2
Conditional Uses. Within the R-2 Residential District, the uses enumerated below may be
permitted. Conditional Use applications may be approved or denied as submitted or may be
approved subject to specified conditions in addition to those described herein. (See 11.8)
7.5.2.1
Bed and Breakfast provided the requirements of Article IX are met.
7.5.2.2 Kindergartens, playschools, daycare centers, daycare homes, and personal care
homes. A site plan (see Section 6.8.1) of the development must be submitted
with the application accompanied by a signed certificate by the Madison
County Health Department if well(s) and/or septic tanks are involved and a
time schedule setting forth a development program is submitted.
7.5.2.3 Recreational developments including, but not limited to, private or public
fishing lakes, bait shops, swimming pools, golf courses or driving ranges, or
other recreational developments provided that a site plan (see Section 6.8.1) for
the development, a signed certificate of approval by the Madison County
Health Department if well(s) and/or septic tanks are involved and a time
schedule setting forth a development program are submitted.
7.5.2.4 Limited Day Care provided the requirements of Section 9.19 are met.
7-18
Section 7.6 R-3 Multi-Family District
The R-3 Multi-Family Residential Zoning District is designed for higher density residential
development. The development of lots in this District is permitted only where the development utilizes a
municipal water system or a public water system approved by the Georgia Environmental Protection
Division. Where a municipal sewer system is not available, approval of an alternate system must be
obtained from Madison County Board of Health, with final approval by the Madison County Board of
Commissioners. Individual privately owned wells are only permitted in this district for single family lots
that were in place as of January 1, 1994. All mulit-family must be served by public water system.
A site plan must accompany rezone applications (see Section 6.8.1).
The siteing of private landfills in this district is inconsistent with the intent of this district.
7.6.1
Permitted Uses. Within the R-3 Multi-Family District, the following uses are permitted
(See 11-3):
7.6.1.1
Single-family detached dwellings.
7.6.1.2
Single-family attached dwellings.
7.6.1.3
Two-family dwellings (duplex).
7.6.1.4
Multi-family dwellings.
7.6.1.5
Manufactured homes qualifying as, Dwelling, Single-Family, Detached;
Dwelling, Single-Family, Attached; and two-family dwellings (duplex).
7.6.1.6
Industrialized buildings qualifying as Dwelling, Single-Family, Detached;
Dwelling, Single-Family, Attached; and two-family dwellings (duplex).
7.6.1.7
Townhouses or condominiums, provided the requirements of Section 9.2 are
met.
7.6.1.8
Apartment houses.
7.6.1.9
Garage apartment.
7.6.1.10 Residential home occupations provided the requirements of Article IX are
met.
7.6.1.11 Accessory buildings located on the same lot or parcel of land as the principal
structure and customarily incidental thereto and provided the requirements
under Article VIII and Section 9.3 are met.
7.6.1.12 Above and below ground home swimming pools provided the location is not
closer than ten (10) feet to any property line; the pool is enclosed by a wall or
fence of at least four (4) feet in height; and approval from the Madison County
Health Department has been obtained.
7.6.1.13 Religious institutions and their customary related facilities, provided such uses
are located on a lot with a minimum of two (2) acres and that a site plan (see
Section 6.8.1) of the development is submitted with the application and
provision is made for adequate paved off-street parking. All buildings must be
7-19
placed at least fifty (50) ft. from any property line. A ten (10) ft. wide buffer
area along its exterior boundary lines that do not border the frontage street.
The buffer must not extend into the required front yard. The buffer area
should be planted with evergreen trees or evergreen shrubs that grow at least
eight (8) feet tall within five (5) years and provide an effective visual screen.
7.5.1.14 Religious institution cemeteries provided the requirements of Article IX are
met.
7.5.1.15 Private Schools are required to submit all required plans and permits to the
Planning & Zoning Department (see Section 6.8.1). All building planes as
required under the Madison County zoning Ordinance are to be submitted to
Building Inspection. All Buildings must meet the required set back as
required for that zoning classification. Landscaping as required under Section
6.2.3.6. Amended January 9, 2012
7.6.2
Conditional Uses. Within the R-3 Multi-family District, the uses enumerated below
may be permitted. Conditional Use applications may be approved or denied as submitted
or may be approved subject to specified conditions in addition to those described herein.
(See Section 11.8.)
7.6.2.1
Bed and Breakfast provided the requirements of Article IX are met.
7.6.2.2
A public cemetery provided the requirements of Article IX are met.
7.6.2.3
Clubs and fraternal organizations not operating for profit provided the
requirements of Article IX are met.
7.6.2.4
Personal care home or group home provided that a site plan (see Section 6.8.1
of the development is submitted with the application showing adequate paved
and lined off-street parking. All buildings must be placed at least fifty (50)
feet from any property line and bordered by a ten (10) ft. wide buffer along the
front, side and back lot lines. The buffer area should be planted with evergreen
trees or evergreen shrubs that grow at least eight (8) feet tall within five (5)
years and provide an effective visual screen.
7.6.2.5
Kindergartens, playschools, daycare centers, daycare homes, and personal care
homes. A site plan (see Section 6.8.1) of the development must be submitted
with the application accompanied by a signed certificate by the Madison
County Health Department if well(s) and/or septic tanks are involved and a
time schedule setting forth a development program is submitted.
7.6.2.6
Recreational developments including, but not limited to, private or public
fishing lakes, bait shops, swimming pools, golf courses or driving ranges, or
other recreational developments provided that a site plan (see Section 6.8.1)
for the development, a signed certificate of approval by the Madison County
Health Department if well(s) and/or septic tanks are involved and a time
schedule setting forth a development program are
submitted.
7.6.2.7
Manufactured home parks that comply with this ordinance and the Madison
County Manufactured Home Regulations.
7.6.2.8 Club, lodge, or boarding houses, provided they are placed at least fifty (50) feet
from any property line and bordered by a ten (10) foot wide buffer area along
its side and rear lot lines. The buffer area should be planted with
7-20
evergreen trees or evergreen shrubs that grow at least eight (8) feet tall within
five (5) years and provide an effective visual screen. There must be one
(1) paved parking space for each five (5) active members. A site plan
see Section 6.8.1) must be submitted with the application.
7.6.2.9
Individual manufactured homes, which do not meet the definition of Dwelling,
Single-family and individual mobile homes.
7.6.2.10 Limited Day Care provided the requirements of Section 9.19 are met.
Section 7.7 B- Business District Amendment January 7, 2013
This district is intended for commercial developments. All businesses, servicing storage or
processing shall be conducted within a completely enclosed building except where the nature of
the activity makes it impossible.
A site plan must be submitted according to Article IX for any business, permitted use which
cannot be conducted entirely within an enclosed building, excluding client and customer
parking.
If more than one (1) business is to be located on the same parcel, the owner must submit a site
plan (see Section 6.8.1). The Zoning Administrator may approve any site plan where not more
than two (2) businesses are located on the same lot. If more than two (2) businesses are to be
located on the same lot, the applicant must receive written approval from the Board of
Commissioners following review and recommendation of the Planning and Zoning
Commission.
All required site plans must be approved prior to any land clearing.
All loading docks must be located to the side or rear of the building unless the loading area is
completely screened from the street. The site must be designed to permit on-site maneuvering of
all vehicles (no backing from street).
The siteing of private landfills in this district is inconsistent with the intent of this district.
7.7.1
Permitted Uses. Within the B District, the following uses are permitted,
provided said use can be conducted entirely within an enclosed building,
excluding customer and client parking.
7.7.1.1 Accessory structures which are customarily incidental and subordinate
to the principal structure. These include but are not limited to:
a.
dumpsters
b.
energy devices
c.
satellite dish antenna
d.
indoor or outdoor storage provided the outdoor storage is
screened from view as required by section 6.7.
e.
Other accessory structures approved by the Zoning Administrator.
7.7.1.2 Apparel stores (individual).
7.7.1.3 Arts and Crafts stores.
7-21
7.7.1.4
Auction Barns, including sales of cars, trucks, and boats.
Operation hours shall be no later than 10:00 p.m. Sunday-Thursday, and
no later than 11:00 p.m. on Friday and Saturday.
Amended Nov. 5, 2012.
7.7.1.5 Automobile sales lots and repair garages provided that automobiles not
in operating condition be stored within an enclosed building or meet the
requirements of section 6.2.3.7.
7.7.1.6 Bait shops.
7.7.1.7 Bakeries.
7.7.1.8 Bicycle sales and repair shops.
7.7.1.9 Books, stationary and card shops.
7.7.1.10 Bowling alleys.
7.7.1.11 Building services and supplies.
7.7.1.12 Bus and truck terminals.
7.7.1.13 Business and commercial schools.
7.7.1.14 Cabinet makers.
7.7.1.15 Cafes and grills.
7.8.1.16 Car Wash.
7.7.1.17 Catering Establishments.
7.7.1.18 Confectionery stores.
7.8.1.19 Dance, Music and other fine art Schools.
7.7.1.20 Day Care Centers.
7.7.1.21 Drug stores and lunch counters (walk-in and walk-up).
7.7.1.22 Electronic Supply Stores.
7.7.1.23 Fabric Stores.
7.7.1.24 Farm equipment sales and services provided that equipment not in
operating condition be stored within an enclosed buildings or meet the
requirements of section 6.2.3.7.
7.7.1.25 Financial institutions.
7.7.1.26 Fraternal Clubs or lodges.
7.7.1.27 Fruit and produce stands.
7.7.1.28 Funeral homes and mortuaries.
7.7.1.29 Funeral parlors.
7.7.1.30 Gasoline service stations, provided that all structures including
underground storage tanks shall be placed not less than thirty (30) feet
from any property line. Points of ingress and egress shall be located not
less than twenty-five (25) feet from the nearest intersecting street lines.
All automobiles not in operating condition and all automobile parts
shall be stored within an enclosed building.
7.7.1.31 Grocery stores.
7.7.1.32 Hardware Stores.
7.7.1.33 Laundry and dry-cleaning stores.
7.7.1.34 Laundromats.
7.7.1.35 Medical Clinics and Hospitals.
7.7.1.36 Mini-warehouse.
7.7.1.37 Miscellaneous repair service, including plumbing, electrical, radio-TV
sales and services.
7.7.1.38 Motels.
7.7.1.39 News and Tobacco Centers.
7.7.1.40 Newspaper and printing establishments.
7-22
7.7.1.41 Nursing homes.
7.7.1.42 Off-street parking lots and parking garages.
7.7.1.43 Personal Care Homes and Assisted Living Homes.
7.7.1.44
7.7.1.45
7.7.1.46
7.7.1.47
7.7.1.48
7.7.1.49
7.7.1.50
7.7.1.51
7.7.1.52
7.7.1.53
Printing Shops.
Private Schools
Professional and business offices.
Public and semi-public buildings.
Public and semi-public recreational facilities.
Public utility structures and areas.
Radio stations or TV stations
Radio/TV repair.
Recreational Vehicle Park.
Religious institutions and their customary related facilities, provided
such uses are located on a lot with a minimum of two (2) acres and
fronting on a public right-of-way or fronting on a private street which
connects with a public right-of-way. The minimum building front
setback is fifty (50) feet. A ten (10) ft. wide buffer area is required
along any property line abutting property in zones A-2, RR, R-1, R-2,
R-3, or other property utilized for residential use. A site plan (see
Section 6.8.1) is required.
7.7.1.54 Religious institution cemeteries provided the requirements of Article IX are
met.
7.7.1.55 Rental sales, service and repair, provided all boats and vehicles not in
operating condition are stored within an enclosed building or as
permitted by conditional use permit.
7.7.1.56 Restaurants.
7.7.1.57 Retail manufactured home sales lot.
7.7.1.58 Rifle Ranges (indoor).
7.7.1.59 Service occupations, including barber and beauty shop, shoe repair,
appliance repair, and similar occupations.
7.7.1.60 Sewer and Septic Tank cleaning.
7.7.1.61 Shopping centers.
7.7.1.62 Sporting Goods Store.
7.7.1.63 Signs meeting the requirements of Article X of the Ordinance.
7.7.1.64 Similar retail uses as determined by the Planning and Zoning
Commission.
7.7.1.65 Swimming Pool Sales, Service and Supplies.
7.7.1.66 Taxi Service
7.7.1.67 Transmission towers provided the requirements of Article IX are met.
7.7.1.68 Travel Agencies.
7.7.1.69 Truck and boat dealers provided that trucks and boats not in operating
condition are stored in an enclosed building or behind a solid wall or
fence in accordance with section 6.7.
7.7.1.70 Trucking and Motor Freight companies.
7.7.1.71 Veterinary hospitals, clinics, kennels, and animal shelters.
7.7.1.72 Video Arcades.
7.7.1.73 Similar retail uses as determined by the Zoning Administrator.
7-23
7.7.2
Conditional Uses. Within the B General Business District, the uses enumerated
below may be permitted. Conditional Use applications may be approved or
denied as submitted or may be approved subject to specified conditions in
addition to those described herein. (See 11-3)
7.7.2.1
7.7.2.2
7.7.2.3
7.7.2.4
Bed and Breakfast provided the requirements of Article IX are met.
Lumber Yards.
Public and private cemeteries.
One dwelling unit per commercial unit, provided that the following
conditions are met:
1. the dwelling unit and the commercial space must be part of the
same building, and;
2. less than 50% of the total square footage of the building is to
be used for residential purposes.
Section 7.9 I Industrial District
This district is intended primarily for commercial and manufacturing uses which require ready access to
commercial transportation facilities or whose normal operations and processes would be considered
objectionable in other districts by reason of the emission of noise, vibrations, smoke, dust, gases, fumes,
odors, or radiation and other potential fire and safety hazards. All residential uses, except caretaker
dwellings and legally established non-conforming uses, are prohibited.
All loading docks must be located to the side or rear of the building unless the loading area is completely
screened from the street. Site must be designed to permit on-site maneuvering of all vehicles (no backing
from street).
The siting of private landfills in this district is inconsistent with the intent of this district.
7.9.1
Permitted Uses. Within the I Industrial District, the following uses are permitted:
7.9.1.1
Baking and other food processing plants.
7.9.1.2
Building material or other outdoor storage yards, except junkyards, provided
the following requirements or Article IX are met.
7.9.1.3
Retail sales of goods or products produced or processed on the site provided
sufficient paved off-street parking and loading space is constructed to
accommodate retail customers.
7.9.1.4
Cold storage plants.
7.9.1.5
Processing of raw or semi-finished materials.
7.9.1.6
Industrial parks.
7.9.1.7
Manufacturing, provided no health hazard is caused in the normal course of
manufacturing.
7.9.1.8
Truck terminals.
7.9.1.9
Wholesaling and warehousing with offices.
7-24
7.9.1.10 Signs meeting the requirements of Article X of this Ordinance
7.9.1.11 Similar industries which meet the standards of this zoning district as
determined by the Planning and Zoning Commission.
7.9.1.12 Accessory structures which are customarily incidental and subordinate to the
principal structure. These include but are not limited to:
a.
b.
c.
d.
e.
dumpsters;
energy devices;
satellite dish antennae;
indoor or outdoor storage provided the outdoor storage is screened from
view as required by section 6.7; and
other accessory structures as approved by the Zoning Administrator.
4. Conditional Uses. Within the I Industrial District, the uses enumerated below may be
permitted. Conditional Use applications may be approved or denied as submitted or may be
approved subject to specified conditions in addition to those described herein. (See 11-8)
7.9.2.1
New public Solid Waste Landfills, provided that the landfill complies with the
Madison County Solid Waste Disposal Ordinance and further provided that no
such landfill shall be located in the following areas.
5. No solid waste disposal facility may be located within two (2) miles of the banks of the
Broad River, Hudson River, or the South Fork of the Broad River, or within the 100-year
floodplain of any of these rivers.
6. No solid waste disposal facility may be located in any wetland area.
7. No solid waste disposal facility may be located within two (2) miles of a significant
groundwater recharge area, as designated on Hydrologic Atlas No. 18, as published by the
Georgia Geological Survey, Environmental Protection Division, Georgia Department of
Natural Resources.
8. No solid waste disposal facility may be located in the Madison-Cecil-Pacolet soils
association as defined in the Soil Survey of Elbert, Franklin, and Madison Counties
(USDA-SCS 1979).
e.
7.9.2.2
No solid waste disposal facility may be located within two (2) miles of
any public water supply well or within one-half (1/2) mile in an
upgradient direction of any private (domestic) water supply well.
This section does not apply to the current Madison County Solid Waste
Landfill nor the planned adjacent expansion to the current
Madison County Solid Waste Landfill, provided the use of a
redundant system of liners and leachate control systems are utilized.
This section does not apply to any individual disposing of solid wastes
originating from his own residence onto land or facilities owned by him
when disposal of such wastes does not adversely affect the public
health, provided that other applicable Local, State, or Federal
regulations are adhered to and that such solid waste does not include
hazardous waste or industrial waste.
Slaughter or processing of animals, fish, and fowl.
7-25
7.9.2.3
Radio, television, microwave and other electronic transmission and receiving
towers, which exceed forty-five (45) feet in height.
7.9.2.4
Mining, provided the requirements of Article IX are met.
7.9.2.5
Airplane landing field, subject to specific approval of the Madison County
Board of Commissioners and only when the landing field is located adjacent
to and incorporated within an industrial park.
7.9.2.6
Automobile junkyards (provided the requirements in Article 9.8 are met).
Section 7.10 PUD Planned Unit Development
The purpose of Planned Unit Developments is to encourage the best possible site plans and building
arrangements under a unified plan of development rather than under lot-by-lot regulation. The developer
benefits from better land utilization, economy in the provision of roads and utilities and flexibility in
design. The County gains the advantages of variety in building types, compatibility of uses and optimum
community development. Review of the development plan by the Madison County Planning and Zoning
Commission and approval of the Board of Commissioners provides an opportunity to assure that the
development will be in harmony with the character of the neighborhood in which the development is
located.
The Planned Residential Development is not intended to encourage greater density of development, but
rather to encourage ingenuity and resourcefulness in land planning and to assure the provision of park
and recreation facilities for the use of the occupants of the development.
7.10.1 Types of Planned Unit Developments. The following types of Planned Unit
Developments are authorized by these Regulations. They are required to have the
minimum acreage indicated.
7.10.1.1 Planned Residential Development with shopping facilities – 100 acres.
7.10.1.2 Planned Residential Development without shopping facilities – 50 acres.
7.10.2 Ownership Control. All of the land in a Planned Unit Development shall be owned
initially by an individual, by a corporation or by some legal entity. The owner may sell
to another person a portion of the Planned Unit Development to be developed by said
person, provided a preliminary plat, in accordance with the original Planned Unit
Development of said portion of property, has been approved by the Madison County
Board of Commissioners upon recommendation of the Planning and Zoning
Commission and a performance bond, to assure construction of streets and utilities, has
been posted for said property. Individual lots or units in a Planned Unit Development
may be sold after a Final Plat has been recorded with the lots and units subject to private
deed covenants that assure the continuance of the Planned Unit Development as
originally approved and planned.
7.10.3 Standards Applying to All Planned Unit Developments. All Planned Unit
Developments shall meet the following standards and such other requirements as set
forth with respect to each of the three permitted types of Planned Unit Developments.
7.10.3.1 The development shall be compatible with the topography of the land and
shall preserve any unusual topographic or natural features.
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7.10.3.2 The development, as planned, shall not adversely affect developed or
undeveloped neighboring properties.
7.10.3.3 The development shall utilize design and development features that would not
be possible by the application of lot-by-lot Zoning District regulations.
7.10.3.4 Water, sewerage, highways, garbage collection, and school facilities shall be
adequate as required by State regulations for the proposed development or
there shall be a definite proposal for making them so.
7.10.4 Standards Applying to Planned Residential Unit Developments. The following
standards, in addition to the above-mentioned standards for all Planned Unit
Developments, apply to Planned Residential Unit Developments:
7.10.4.1 Location. A Planned Residential Unit Development may be located within the
R-1, R-2, or R-3 Zoning District if it meets all of the requirements specified
for Planned Residential Unit Developments.
7.10.4.2 Minimum Acreage Required and Permitted Uses. The following are the
minimum acreage requirements and uses permitted in Planned Residential
Unit Developments:
A Planned Residential Unit Development with a minimum of 100 contiguous
acres may contain dwelling units meeting the definition of “Dwelling, singlefamily, detached”, two-family dwellings, multi-family dwellings,
condominiums, or a combination of said dwellings plus customary home
occupations and customary residential accessory buildings and uses, together
with a maximum of five percent (5%) of the development’s acreage which
may be B-1 General Business District uses.
Permitted uses for Planned Residential Unit Developments with less than 100
acres shall be the same as those listed for Planned Residential Unit
Developments with one hundred (100) or more acres, except that they shall
not include any B-1 General Business District uses.
7.10.4.3 Common Open Space Requirements. A minimum of ten percent (10%) of the
land area in a Planned Residential Development shall be reserved for open
space, parks, other recreation or other public uses.
9. Not more than thirty percent (30%) of the land so reserved may lie in a Flood Plain.
10. The required yards and parking areas shall not be credited toward the minimum open space
requirements.
7.10.4.4 General Private Deed Covenants. The transfer of ownership of individual
properties in the Planned Residential Development may be made only after a
final plat has been approved and recorded, all interior public roads have been
completed and accepted by the County or a surety bond or deposit has been
posted with the county unless otherwise approved by the Board of
Commissioners, and with the said properties subject to private deed covenants
that will assure the continuance of the Planned Residential Development as
originally approved and developed.
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7.10.4.5 Minimum Lot Sizes. The minimum lot sizes for single-family detached houses
in the Zoning District in which the Planned Residential Development is
located may be waived but each single-family residential structure shall be
placed on a separate lot.
The minimum lot sizes for condominiums, townhouses, or multi-family
houses in the Zoning District in which the Planned Residential Development
is located may be waived, as well as the requirements that each structure shall
be placed on a separate lot.
7.10.4.6 Individual Lot Lines. The requirements that individual lot lines be delineated
for condominiums, townhouses, or multi-family developments may be waived
when it is obviously impossible to delineate lot lines in a reasonable manner.
7.10.4.7 Yards. The yard requirements of the Zoning District in which the Planned Unit
Development is located may be waived except along the exterior boundaries
of the development. On the exterior boundaries of the development, side yards
of appropriate widths shall be provided but in no case shall a side yard be less
than five (5) feet in width.
7.10.4.8 Height. The height limitations of the Zoning District in which the Planned
Unit Development is located may be waived.
7.10.4.9 Off-Street Parking Requirements. The off-street parking requirements of this
Zoning Resolution shall be met.
7.10.4.10 Street Frontage Requirements. In a Planned Residential Development, the
street frontage requirements for townhouses or multi-family houses may be
waived.
7.10.4.11 Gross Density. The maximum density of a Planned Residential Development
shall not exceed two (2) dwelling units per acre, based on the gross average.
7.10.4.12 Area Requirements for Retail Sales and Services. If a retail sales and services
area is provided, a maximum of four thousand eight hundred (4,800) sq. ft. of
floor space for retail sales and services is permitted for each one-hundred
(100) dwelling units in a Planned Residential District. All Commercial areas
shall be located within the confines of the Planned Unit Development for the
purpose of serving primarily those people living within the development.
There shall be not less than four (4) sq. ft. of business lot area for each one (1)
sq. ft. of permitted retail sales and service floor area.
7.10.4.13 Structures for Retail Sales and Services. Retail sales and services shall be
conducted entirely within a wholly and permanently enclosed building or
buildings which shall be of an architectural design compatible with the
residential structures within the Planned Residential Development
7.10.4.14 Relation to Residentially Developed Property Lying Outside the Planned
Residential Development. The sides, rear or front of a lot developed for retail
sales and services, multi-family dwellings or condominiums, shall neither abut
nor lie across the street from property lying outside the Planned Residential
Development that is developed or zoned for single-family dwellings.
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7.10.4.15 Development in Stages. The development of the entire Planned Residential
Development may be divided into logical geographical sections for
construction purposes, subject to the review of the Madison County Planning
and Zoning Commission and approval by the Board of Commissioners. In
such cases, a schedule, designating a reasonable time period in which the
construction of each section of said development must be completed, shall be
submitted to the Madison County Planning and Zoning Commission for
approval. (The developer may submit plans of individual sections or phases of
development of the entire Planned Residential Development as set forth and
approved in the development schedule by the Madison County Planning and
Zoning Commission). After the plan of an individual section has been
approved by the Madison County Planning and Zoning Commission, their
recommendation shall go to the Madison County Board of Commissioners for
final approval. Said commission may permit deviations within a section from
the number of dwelling units per acre established for the entire Planned
Residential Development, provided such deviation shall be adjusted for in
other sections of the development so that the number of dwelling units per
acre authorized for the entire Planned Residential Development is not affected.
7.10.4.16 Performance Bonds Required. The landowner shall furnish a performance
bond for each development phase equal to ten percent (10%) of the total
development cost of that phase, to assure performance in accordance with the
Planned Residential Development Plan and to protect the public interest in the
event of abandonment of said plan before completion.
7.10.5 Procedural Requirements. The following procedures shall be followed in the
establishment of a Planned Unit Development:
7.10.5.1 Formal Application and Preliminary Approval. Formal application for
Preliminary Approval of the project shall be submitted to the Madison County
Planning and Zoning Commission.
11. Required Information. The applicant shall submit a site plan of the proposed development
which, in addition the requirements of Section 6.8.1 of this ordinance, must show all open
space areas, areas for retail establishments, and the relationship of the proposed
development to any surrounding development and roads. Further, the applicant must
provide a topographic and boundary line map with five (5) ft. contour.
12. A preliminary outline of proposed protective covenants,
including provisions for the
organization and continuing
financing of a Property Owners Association
13. Any statistical tabulation required to show that the proposed
development meets the specific requirements of a Planned
Unit Development as specified in these Regulations.
14. Authorization to Prepare a Preliminary Land Subdivision Plat. If the Madison County
Planning and Zoning Commission is satisfied that the essential requirements for the
proposed Planned Unit Development have been met, the Planning and Zoning Commission
shall hold a public hearing thereon. The notice of the time and place of such hearing shall
be published in a local newspaper having countywide circulation at least fifteen (15) days
prior to the hearing. Any party may appear at the hearing in person, by agency or by
attorney.
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In addition, the applicant shall erect in a conspicuous place on the
property under consideration for use as a Planned Unit Development a
sign approved by the Zoning Administrator which shall contain
information stating the type of Planned Unit Development applied for
and the time and place of the Public Hearing. Failure to erect said public
notice shall preclude the consideration of said proposal until such time
as an effective remedy is established.
The Madison County Planning and Zoning Commission shall authorize
the applicant to prepare a Preliminary Land Subdivision Plat meeting
the requirement set forth in the Madison County Land Subdivision
Regulations, and the plat shall be presented to the Commission fifteen
(15) days prior to the regular meeting of the Commission.
15. Copy of this authorization, together with a copy of the materials submitted by the applicant
shall be sent to the County Commissioners of Madison County for their information.
16. No site development shall be undertaken by the applicant and no permits shall be issued to
him until the Preliminary Land Subdivision Plan has been officially approved.
17. Final Land Subdivision Plat. A Final Land Subdivision Plat shall be prepared by the
developer. It shall be reviewed by the Madison County Planning and Zoning Commission
for conformance with the Madison County Zoning Ordinance and the Madison County
Land Subdivision Regulations.
The Final Land Subdivision Plat shall be presented to the Madison
County Planning and Zoning Commission fifteen (15) days prior to a
regular meeting of the Madison County Planning and Zoning
Commission.
If the Final Land Subdivision Plat meets those specifications, it shall be
approved by the Board of Commissioners and recorded in accordance
with the procedures specified in the Madison County Land Subdivision
Regulations.
The approved Final Land Subdivision Plat shall be considered an “as
built” plat, and any changes, modifications or alterations to
specifications shown in the plat must be specifically approved by the
Board of Commissioners.
Section 7.11 C-SP Conservation/Scenic Preservation District
The C-SP Conservation/Scenic Preservation District is comprised of land, which in the best interest of
the citizens of Madison County should remain, as nearly as possible, in a natural state. The intent of the
regulations within this Zoning District is to maintain and upgrade the character of the natural,
archaeological, environmentally sensitive, and scenic areas of interest within the County. Such
regulations are designed to provide for the preservation of the designated areas without unreasonably
denying the right of private land use. The areas subject to this district are those identified in the
Comprehensive Plan as Scenic Views.
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7.11.1 Permitted Uses. Within the C-SP District the following uses are permitted:
7.11.1.1 Natural, archaeological, environmentally sensitive, and scenic areas; buildings
and associated structures and digs which are necessary to the improvement,
restoration, maintenance, and scholarly study of such areas, so
long as such buildings and associated structures and digs do not conflict with
the intent of these regulations to preserve the special character of these areas.
7.11.1.2 Pasture lands and forests.
7.11.1.3 Passive recreation areas.
7.11.1.4 Public parks maintained by the County, the State of Georgia or the United
States government.
7.11.1.5 Incidental, commemorative, direction, and identification signs that are
compatible with the historic, natural, archaeological or scenic areas and meet
the requirements of Article X of this Ordinance..
Section 7.12 WP Watershed Protection District Amended 8/5/2013
The purpose and intent of this district is to establish measures to protect the quality and quantity of the
present and future water supply of the Sandy Creek Watershed; to minimize the transport of pollutants
and sediment to the water supply; and to maintain the yield of the water supply watershed. This district
shall be an overlay district.
In order to provide for the health, safety and welfare of the healthy economic climate within Madison
County and surrounding communities, it is essential that the quality of public drinking water be assured.
The ability of natural systems to filter storm water runoff can be threatened by unrestricted development.
Land disturbing activities associated with development can increase erosion and sedimentation which
threatens the storage capacity of reservoirs. Impervious surfaces can introduce toxicant, nutrients and
sediment into drinking water supplies, making water treatment more complicated and expensive
rendering water resources unusable for recreation.
7.12.1 Definitions Deleted 8/5/2013 See Article III
7.12.2 Districts Established
7.12.2.1 Watershed District. There is hereby established the Sandy Creek Watershed
District, which shall comprise that land that drains to the Clarke County intake
point of Sandy Creek, from Sandy Creek to the ridge line of the watershed.
The Watershed District overlies the Madison County Zoning Map.
7.12.2.2 Limited Development Area. The Limited Development Area is the entire
portion of the Sandy Creek watershed that lies in Madison County. This area
is beyond the seven (7) mile radius of the water-supply intake.
7.12.3 Permit Required
7.12.3.1 Permit Requirements, Compliance. No land disturbing activity, construction,
or other development within the Watershed District may be conducted without
a permit from the Board of Commissioners and full compliance with the terms
of this section and other applicable regulations. All activities that are not
permitted as of right or as special permit uses are prohibited.
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7.12.3.2 Temporary Emergency Permit. Notwithstanding the provisions of this
ordinance or any other law to the contrary, the Board of Commissioners may
issue a temporary land disturbance permit through oral or written
authorization, provided a written permit is accomplished within five (5) days,
if it deems that an unacceptable threat to life or severe loss of property will
occur if an emergency permit is not granted. The emergency permit may be
terminated at any time without process upon a determination by the Board of
Commissioners that the action was not or is no longer necessary to protect
human health or the environment. The Board of Commissioners may, within
ninety (90) days of the emergency permit, require that the action be
reconsidered as an after-the-fact permit, subject to any or all of the terms and
provision of this ordinance.
18. Site Plan Requirements
7.12.4.1 Site Plans Required. Except where otherwise exempted in this section, all
forms of development within the Watershed District shall be required to have
a site plan (see Section 6.8.1) prepared and approved according to this section
before any building permits or other development-related permits may be
issued or any land-disturbing activity may take place.
7.12.4.2 Activities to comply with site plan. All development activities or site work
conducted after approval of the site plan shall conform with the specifications
of the site plan. The site plan may be amended only with the approval of
Board of Commissioners.
7.12.4.3 Exemptions. The following activities and developments are exempt from the
requirement for detailed site plans:
19. Single-family detached dwellings, mobile homes and manufactured homes constructed
within a subdivision development of fewer than five (5) parcels.
20. Individual single-family dwellings, single-family detached dwellings, mobile homes and
manufactured homes.
c.
Any action proceeding under a temporary land-disturbance permit
issued in response to an emergency.
d.
Repairs to a facility that is part of a previously approved and
permitted development.
21. Land Use Restrictions
7.12.5.1 Limited Development Area. In addition to the limitations on land use
prescribed by the underlying zoning district, the following limitations on
permitted uses must apply to the Limited Development Area:
22. Industries. Only those industries that are not large quantity generators of hazardous waste
may be located within the Limited Development Area.
23. There are no additional restrictions on the type of office land uses allowed within the
Limited Development Area.
24. Commercial and Service Establishments. There are no additional limitations on the
commercial and service establishments allowed within the Limited Development Area.
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25. Residential. There are no additional restrictions on the type of residential land use allowed
within the Limited Development Area.
26. Agriculture. There are no additional restrictions on the type of
allowed within the Limited Development Area.
agricultural land use
27. Landfills and Waste Disposal. There are no additional restrictions on municipal solid waste
landfills, inert landfills, or construction and demolition debris landfills within the Limited
Development Area.
g.
Toxic and Hazardous Materials. No facilities which dispose of toxic or
hazardous waste may be located within the Limited Development Area.
28. Impervious Surface Limitations
7.12.6.1 Watershed Protection District. No more than twenty-five percent (25%) of the
land area of a single development located within the boundaries of the
Watershed Protection District may be covered by impervious surfaces.
7.12.7 Storm Water Runoff Controls
Amended Oct. 5, 2009
7.12.7.1 Stream Buffers.
29. For all perennial streams, a vegetated buffer must be maintained for a distance of fifty (50)
feet on both sides of the stream, with one hundred (100) ft. on the Hudson River, the Broad
River and the South Fork River. This is to be measured from the waters banks. No septic
tank drain fields, and holding tanks are prohibited with in this buffer.
30. Notwithstanding any other provisions of this section, forestry practices limited to the
thinning and harvesting of timber in accordance with a forest management plan that
incorporates best management practices approved by the Georgia Forestry Commission
must be permitted in the buffer areas.
31. Notwithstanding any other provisions of this section, the continued
cultivation of agricultural crops and the occasional pasturing of livestock
shall be permitted within the buffer area, provided that the best
management practices of the Georgia Department of Agriculture are
followed.
7.12.7.2 Stream and River setbacks. For all perennial streams, no impervious surface
are allowed to be constructed with in fifty (50) ft. setback area on both sides of
the stream, with one hundred (100) ft. on the Hudson River, the Broad River
and the South Fork River, as measured from the waters banks. Septic tanks,
drain fields and holding tanks are prohibited within this protected area.
7.12.7.3 Septic tank drain field restrictions. Septic tanks and septic tank drain fields are
prohibited in the setback areas of section 7.12.7.1 (a) and 7.12.7.2.
7.12.7.4 Hazardous Materials Handling. New facilities located within the Watershed
District that handle hazardous materials of a type and amount requiring a
permit from the Department of Natural Resources or that require disposal by a
hazardous materials handler permitted or licensed by the Department of
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Natural Resources at a hazardous materials facility must perform their
operations on impermeable surfaces having spill and leak collection systems.
Such spill and leak collection systems must be shown on the site plan in detail
and must be approved, as part of the site plan, by the Planning and Zoning
Commission.
7.12.7.5
Soil erosion and sedimentation control.
32. All developments and land disturbing activity within the Watershed District must comply
fully with the Soil Erosion and Sedimentation Control Ordinance of Madison County.
33. All agricultural land disturbing activity within the Watershed District must be consistent
with best management practices established by the Georgia Department of Agriculture.
34. All silvicultural land disturbing activity within the Watershed District must be consistent
with best management practices established by the Georgia Forestry Commission.
7.12.7.6 Application to projects partially complete. For any development which has
received before the effective date of this ordinance either preliminary plat
approval, site plan approval or building permit, and for which substantial work
has been completed or substantial investment made in reliance upon such a
permit, any future work included in said plat or plan may be completed
without being subject to the additional regulations imposed in this ordinance.
Any additions, expansions, or phases that deviate significantly from said plat
or plan or that have not yet been permitted must be subject to the provisions of
this ordinance.
Section 7.13 FP Flood Prone District
The F-P Flood Prone District is comprised of lands that are subject to periodic flooding. The intent of the
regulations within this Zoning District is to limit the use of such flood plain lands to:
35. Prevent flood damage to persons and properties and to minimize expenditures for flood
relief programs, flood control projects and flood damage repairs.
36. Preserve drainage courses that will be adequate to carry stormwater runoff from existing
and future land developments.
37. Prohibit landfills or other obstructions to the flood of floodwaters, except those included in
the permitted uses listed below.
38. Permit uses that are appropriate on flood plains and utilize effectively this valuable county
resource.
7.13.1 Permitted Uses. Within the FP Flood Prone District, the following uses are permitted:
7.13.1.1 Agriculture, including forestry and livestock raising, requiring no structures
within the flood plain, except structures for temporary shelter, and including
agricultural and forestry access roads.
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7.13.1.2 Dams provided they are constructed in accordance with the specifications of
the USDA Conservation and Natural Resources Service or the US Corps of
Engineers.
7.13.1.3 Fences.
7.13.1.4 Parking areas.
7.13.1.5
Roads, provided that adequate portions of them are constructed on bridges or
piers to permit the free flow of floodwaters.
7.13.1.6 Public, semi-public, private and commercial recreation uses requiring no
structures within the flood plain except structures for temporary shelter.
7.13.1.7 Public utility poles, towers, pipelines and sewage treatment outfalls.
7.13.1.8 Outdoor plant nursery orchard.
7.13.1.9 Wildlife sanctuary, woodland preserve, or arboretum.
7.13.2 Procedure for Correcting an Error in FP Flood Prone Zoning District Boundary
Line. If a property owner can demonstrate to the Madison County Board of
Commissioners that an error has been made in establishing the Flood Prone District
boundary line and that his property or a designated portion of it that lies in the Flood
Prone Zoning District is actually not subject to flooding, the Board of Commissioners
may correct the Flood Prone District boundary line accordingly. The Flood Prone
boundaries are those 100-year flood boundaries which are extracted from the USGS
1:24,000 scale flood prone maps. The Madison County Board of Commissioners and the
property owner involved may seek the advice and assistance of the Conservation and
Natural Resources Service of the U.S. Department of Agriculture or the U.S. Corps of
Engineers.
Section 7.14 RIV – River Corridor District
This section provides for the protection of river corridors and the regulation of activities in or adjacent to
those corridors; provides for the powers and duties of Madison County and other governmental entities;
provides for goals, guidelines, practices, procedures, policies, rules, and regulations; provides for
minimum standards for regulated activities within river corridors and their buffers which natural
resources of the county are of vital importance to this county and its citizens; provides for a review of
decision; provides for hearings and judicial review; provides for enforcement; prohibits certain activities
or actions; provides for civil and other penalties; repeals conflicting ordinances; and for other purposes.
The State of Georgia has determined that its river corridors are of vital importance in that they help
preserve those qualities that make a river suitable as a habitat for wildlife, a site for recreation, and a
source for clean drinking water. River corridors are fragile natural resources subject to flood, erosion,
soil-bearing capacity limitation, and other natural and human induced hazards. In their natural state they
serve multiple functions for pollution control, aquifer recharge and discharge, storage and passage of
floodwater, and erosion and sedimentation control, as well as wildlife habitat, education, scientific study,
open space and recreation, and scenic and aesthetic beauty.
The Comprehensive Planning Act of 1989 provides for the development of coordinated and
comprehensive planning by municipal and county governments. Such comprehensive plans shall
consider the natural resources, environments, and vital areas within the jurisdiction of the local
governments. Additionally, O.C.G.A. §12-2-8 authorizes the Department of Natural Resources to
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develop minimum planning standards and procedures for the protection of river corridors in the state and
requires local government to use these minimum standards in developing and implementing local
comprehensive plans. The method mandated in O.C.G.A. §12-2-8 for protecting river corridors is
establishing a natural vegetative buffer bordering each protected river. In October 1993, Madison County
developed a River Corridor Protection Plan, as authorized in O.C.G.A. §36-70-3, to maintain the integrity
of the Hudson River below Nails Creek and the Broad River. In May of 2007, the Madison County
Board of Commissioners expanded the coverage of this River Corridor Protection Plan to include the
entire length of the South Fork of the Broad River as well as the waters mentioned above.
7.14.1 Definitions. Deleted 8/5/2013
See Article III
7.14.2 Applicability
The standards and procedures detailed in this ordinance shall be applicable to
unincorporated Madison County and all state owned or administered land.
7.14.3 Protection Criteria
7.14.3.1 A one hundred (100) ft. natural vegetative buffer shall be maintained adjacent
to the river corridor except as otherwise provided herein.
7.14.3.2 Septic tanks and septic tank drain fields are prohibited within the river
corridor, except as provided in Section VI of this ordinance.
7.14.3.3 The natural vegetative buffer shall be restored as quickly as possible following
any land-disturbing activity within the river corridor.
7.14.4 Permitted Activities within the river corridor Amended Oct. 5, 2009
7.14.4.1 Detached single-family dwellings and its customary appurtenances shall be
permitted within the buffer subject to the following conditions:
39. The dwelling and its customary appurtenances shall comply with all local zoning
regulations, building codes and any other local regulations.
40. The dwelling must be located on a tract of land containing at least two (2) acres. Where a
tract includes any portion of the protected river the area between the riverbanks cannot be
counted toward the two (2) acre minimum tract size.
41. Only one (1) dwelling is permitted on each two (2) acres or larger tract.
7.14.4.2 Construction of road crossings and utility crossings within the river corridor
shall be permitted provided that the construction meets all requirements of the
Erosion and Sedimentation Control Act of 1975, as amended, and any
applicable local ordinances pertaining to soil erosion and sedimentation
control.
7.14.4.3 Industrial and commercial land uses existing prior to the effective date of this
ordinance are exempt from the protection criteria of this ordinance, except as
provided in Article VI, provided that:
a. the use of the river corridor does not impair the drinking quality of the
river water; and
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42. the activity within the river corridor meets all state and federal environmental rules and
regulations.
43. Timber production and harvesting provided that the activity is consistent with the Georgia
Forestry Commission’s best management practices and the activity does not impair the
drinking quality of the river water as defined by the Clean Water Act, as amended.
7.14.4.4
Wildlife and fisheries management activities consistent with the purposes of
O.C.G.A. 12-2-8.
44. Wastewater treatment.
45. Recreational usage consistent with either the maintenance of a natural vegetative buffer or
with river-dependent recreation.
46. Natural water quality treatment or purification.
47. Agricultural production and management provided that the activity is consistent with the
Georgia Soil and Water Conservation Commission’s best management practices and the
activity does not impair the drinking quality of the river water as defined by the Clean
Water Act, as amended. Additionally, the activity must be consistent with all other state
and federal laws and Georgia Department of Agriculture regulations.
e. Any other uses permitted by the Department of Natural Resources or
under §404 of the Clean Water Act.
7.14.5 Prohibited Activities within the river corridor.
7.14.5.1 Hazardous waste or solid waste landfills, or construction and demolition
(C&D) landfills.
7.14.5.2 Commercial or Industrial uses that involve handling hazardous materials other
than wastes.
7.14.5.3 Handling areas for the receiving and storage of hazardous waste.
7.14.5.4 Construction within the river corridor is prohibited unless permitted in Article
V of this ordinance.
7.14.5.5 Surface mining activities.
7.14.6 Permits
7.14.6.1 All persons desiring to undertake a permitted activity within a river corridor as
mapped in the Plan Amendment – River Corridor Protection dated October
1993, must first obtain a permit from Madison County. Permit applications
shall be filed according to Article XII of the Madison County Zoning
Ordinance.
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7.14.6.2
Permits shall be issued only if the activity is in compliance with county
regulations and other applicable state, federal, and local regulations. The
county shall impose conditions on any permit necessary to assure that any
adverse impacts upon the functions and values of the river corridor are
prevented or kept to a minimum. Permits shall be valid for six (6) months.
If the activity has not been completed but substantial progress has been made,
one 6-month extension to the permit may be granted by the Zoning
Administrator.
7.14.6.3 Permits may be revoked for failure to comply with regulatory guidelines,
including conditions attached to the permit.
48. Variances
7.14.7.1 A variance may be approved if such approval is not contrary to the public
interest and where because of the special characteristics of the property and
the activity, a literal enforcement of provisions of this ordinance will, in an
individual case, result in unnecessary hardship. However, the spirit of this
ordinance must be observed, public safety and welfare secured, and
substantial justice done; provided that the variance, if granted, will not result
in damage to the river corridor.
7.14.7.2 Applications for variances should be filed with the Zoning Administrator
according to Article XIV of this Ordinance. The Madison County
Planning and Zoning Commission shall process the application according
to Article XIV of this Ordinance. However, only the following criteria
shall be used to determine whether the variance should be granted.
49. The application of this ordinance to this particular property will
result in unnecessary hardship; and
50. It is proven that no damage to the river corridor will result from
the requested activity; and
51. Relief, if granted, would not cause substantial detriment to the
public good or impair the purposes and intent of this ordinance.
Proof of no damage to the river corridor must be supplied by the
applicant as deemed necessary by the Planning and Zoning
Commission, including, but not limited to, an Environmental
Impact Statement.
7.14.8 Appeal Procedures. Any aggrieved party may appeal a decision under this ordinance
according to Article XIII of the Madison County Zoning Ordinance.
Section 7.15-CSO – Conservation Subdivision Overlay District
Section 7.15.1 – Conservation Subdivisions
Conservation subdivisions allow for an adjustment in the location of residential dwelling units
on a parcel of land so long as the total number of dwelling units does not exceed the number of
units otherwise permitted in the zoning district. The dwelling units are grouped or “clustered” on
only a portion of a parcel of land. The remainder of the site is preserved as open space, farmland,
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or as an environmentally and culturally sensitive area. This clustering of the dwellings into a
small area is made possible by reducing the individual lot sizes. The open space is
permanently protected. Conservation subdivisions are an alternative approach to the
conventional lot- by- lot division of land which spreads development evenly throughout a parcel
with little regard to impacts on the natural and cultural features of the area. Conservation
subdivisions enable a developer to concentrate units on the most buildable portion of a site,
preserving natural drainage systems, open space, and environmentally and culturally sensitive
areas, reduce infrastructure costs, and enjoy the benefits of relaxed standards regarding lot size,
setbacks, and other technical specifications on the developed portion of the site.
7.15.2 – Purpose – The purpose of Conservation Subdivisions is to:
Conservation subdivisions, as defined herein, are permitted within the R-1, R-2, R-3, RR, and A2 Zoning Districts, if designed, approved, and implemented in accordance with the requirements
of this section 7.16 and the requirements of the Madison County Subdivision Regulations.
Conservation subdivisions are not permitted unless and until the subdivision regulations are
amended to provide substantive procedural guidelines and requirements for conservation
subdivisions.
7.15.2.1 preserve the rural character through the permanent preservation of open
space, as wetlands, streams and rivers, forests, pastures, farmland, historic
features and other natural and environmentally significant areas;
7.15.2.2 protect scenic vistas from development which would destroy or obstruct
such vistas;
7.15.2.3 allow for greater flexibility and creativity in the design of residential
development;
7.15.2.4 preserve unique and significant natural, historical and archeological
resources;
7.15.2.5
facilitate the construction and maintenance of streets, utilities and public
services in a more economical and efficient manner;
7.15.2.6
protect existing and potential drinking water supplies by increasing
infiltration with riparian buffers and natural ground cover and decreasing
storm water runoff;
7.15.2.7
encourage a less sprawling form of development;
7.15.2.8
encourage ingenuity and resourcefulness in land planning, provide for
open space and passive recreation facilities for the use of the occupants
of the development, or the continued use of the open space for
agricultural and silvicultural activities;
7.15.2.9
encourage the best possible site plans and building arrangements under a
unified development plan rather than under lot-by-lot regulation. The sub
divider benefits from better land utilization, economy in the provision of
roads and utilities, and flexibility in design. The County gains the
advantages of variety in building types, compatibility of uses and
optimum community development. Review and approval of the
development plan by the Madison County Board of Commissioners
provides an opportunity to assure that the development will be in harmony
with the character of the neighborhood in which the development is
located; and
7-39
7.15.2.10 meet demand for housing in a rural setting.
Section 7.15.3 – Density and minimum lot size
7.15.3.1
Conservation subdivisions are density neutral. The maximum number of
dwelling units allowed in conservation subdivisions should equal the
number of dwelling units which could realistically be developed on the
property under the existing underlying zoning district, in full conformance
with zoning, land subdivision regulations, other land use ordinances, health
codes, and other applicable local, state and federal requirements,
except as constrained by the minimum lot sizes required below.
7.15.3.2. While lot sizes may be smaller than allowed by the underlying base
zoning classification in no case may the lot size be smaller than 21,780 sq. ft.
Section 7.15.4 – Requirements of Open Space
7.15.4.1
Land designated as open space in a conservation subdivision must be in a
location and configuration that relates to the ultimate purpose of the open
space (i.e., outdoor recreation, landscape protection, habitat protection,
agricultural or silvicultural uses, etc.). Development should be designed
around existing natural features.
7.15.4.2
Open space may be comprised of either/or a combination of two types of
land: “Primary Conservation Areas” and “Secondary Conservation
Areas.” All lands within both primary and Secondary Conservation Areas
devoted to open space in a conservation subdivision are required to be
protected by a permanent conservation easement, prohibiting further
development or subdivision, and setting other standards
safeguarding the site’s special resources from negative changes.
7.15.4.3 Primary Conservation Areas are areas not suitable for building or
development and no consist of significant natural areas including:
a.
b.
c.
d.
7.15.4.4
wetlands, streams and rivers;
all of the floodway and floodway fringes within the 100-year
floodplain, as shown on official Federal Emergency
Management Maps;
land with slopes exceeding 25%;
wildlife habitat areas of species listed as endangered,
threatened, or of special concern by the U.S. Environmental
Protection Agency or the Georgia Department of Natural
Resources.
Secondary Conservation Areas include:
a.
b.
c.
d.
e.
f.
g.
forests, pastures, and farm fields;
prime farmland;
water quality protection areas;
natural areas significant for wildlife habitat;
areas of highly permeable soils;
sites listed on the Natural Heritage Inventory; and
sites of historic, cultural or archaeological significance
7-40
7.15.4.5 The conservation easement protecting open space must prohibit further
subdivision of the open space, and must conform with such other
requirements as may appear herein and in the subdivision regulations.
7-15.4.6
No subdivider can be required to subject more than 50% of the gross parcel
area to a conservation easement. No subdivider may subject less than 50%
of the gross parcel area to a conservation easement.
7.15.4.7
If active recreation is proposed for the Secondary Conservation Area open
space, no more than twenty-five percent (25%) can be utilized for that
purpose, in order to preserve a reasonable proportion of natural areas on
the site.
7.15.4.8
Rights-of-way for streets are included in the 50% (maximum) of the
acreage designated for lot development.
Section 7.15.5 – Required Improvements – Conservation subdivisions must meet the following
requirements:
7.15.5.1
Water Supply. Each dwelling unit must be connected to a public or
community water system meeting the requirements of the Madison County
Subdivision Regulations.
7.15.5.2
Sewerage. All sewerage systems within the development must meet the
requirements of the Madison County Health Department. When septic
tanks are used, tanks must be located on house lots, but drain fields may be
within secondary conservation areas.
7.15.5.3
Utilities. All utilities within the subdivision must be underground.
7.15.5.4
Storm Water Runoff. The volume and velocity of storm water runoff after
development must not exceed the volume and velocity of storm water
runoff prior to development based on a 24-hour, year storm event.
7.15.5.5
Storm Drainage System. The subdivider must provide a storm drainage
system for the subdivision which must be of sufficient size and design to
collect, carry off, and dispose of all predictable surface. Water run-off
within the development and must be so constructed as to conform with the
statutes, ordinances, and regulations of the State of Georgia and Madison
County, Georgia.
Section 7.15.6 – Ownership of Open SpaceThe designated open space and common facilities may be owned and managed by any person or entity,
or combination thereof, so long as such ownership is subject to the restrictions and obligations of a
conservation easement written and approved in compliance with this section 7.16 and the Madison
County Regulations.
Section 7.15.7 – Ownership and Enforcement of Conservation Easement
The easement must be granted to a governmental unit or agency or a nonprofit organization holding
501I(3) status with the Internal Revenue Service, and in either event the easement holder must be
approve by the Board of Commissioners as an independent, responsible entity to hold the right and duty
7-41
to enforce the easement restrictions. The subdivision regulations shall contain standards, guidelines, and
minimum requirements for approval of the substantive provisions of the easement as well as the
easement holder. Among other guidelines and minimum requirements set out in the subdivision
regulations, the easement shall include a provision that any violation of its terms may, but is not required
to be, enforced by the county in any manner available to the easement holder. Furthermore, any
violation of the easement terms may, but is not required to be, considered a violation of the Madison
County Zoning Ordinance and enforced by the county as such.
Section 7.15.8 – Public Dedication of Streets
All streets and roads for motor vehicle traffic must be constructed in conformity with the requirements of
the subdivision regulations and the Madison County Road Ordinance, and expressly dedicated to the
county in fee simple.
7-42
ARTICLE VIII: AREA, YARD AND HEIGHT
REQUIREMENTS
Section 8.1 Minimum Lot Size, Minimum Building Square Footage, etc.
This Article is established to show the minimum size, width, and maximum height requirements
for the land uses within each designated district. The stated minimum lot size is based on the lack of
availability of public water and sewer. If public water and/or sewer service is available, the standards
applicable to that zoning district will vary at least as to minimum lot size inasmuch as all development
which will utilize public sewerage requires less developable lot size. Lot size shall be based on factors
including the size of the building required for that use, required parking, and ground water flow. The
Zoning Administrator is authorized to increase minimum lot sizes and otherwise vary district
development standards to accommodate the need to use septic tanks and/or wells and Health Department
regulations in this regard. The unavailability of public sewer and/or water shall preclude the ability to
develop projects which cannot utilize septic tanks.
Minimum lot size for a residential dwellings is 1.5 acres unless a public sewer or water system is
available, which fronts on a public road, or private drive which fronts on a public road, or a private
access drive in a platted subdivision which fronts on a public road unless otherwise specified in this
ordinance. Lot requirements for manufactured homes in parks are contained in the Manufactured Home
Regulations.
8-1
Article VIII
Area, Yard and Height Requirements
Minimum Lot width (in
feet) at Setback-Line 1
Minimum Lot Size (In Square Feet Unless Otherwise Noted)
Zoning
District
With Municipal
Water and Sewer
System
With Public
Water or Sewer
System
With Shared
Water system, No
Sewer
With Individual
Wells and Septic
Tanks
With
Municipa
l
/Public
Water or
Sewer
System
No
Municipal/
Public
Water
or Sewer
System
Min.
Lot
Area
Area Per
Dwelling
Unit
Min.
Lot
Area
Area
Per
Dwelling
Unit
Min.
Lot
Area
Area
Per Dwelling
Unit
Min.
Lot
Area
Area Per
Dwelling
Unit
A-1
A-2
5 Acres
5 Acres
5 Acres
5 Acres
5 Acres
5 Acres
5 Acres
5 Acres
5 Acres
5 Acres
5 Acres
5 Acres
5 Acres
5 Acres
5 Acres
5 Acres
125
125
RR
21,780
21,780
2 Acres
2 Acres
2 Acres
2 Acres
2 Acres
2 Acres
R-1
21,780
21,780
32,670
32,670
51,000
51,000
65.340
R-2
R-3
Singlefamily
R3-Twofamily
R3-Multifamily
CSO
21,780
10,890
32,670
16,335
51,000
25,500
21,780
21,780
32,670
32,670
51,000
51,000
21,780
10,890
32,670
16,335
51,000
25,500
Minimum Front Yard Setback (in
feet) (for building) 2,3,4
Federal & State
Roads and
County Arterial
Minimum Side
and Rear Yard
(in feet) 1
County
Maintained
Collector and
Local Roads
side
rear
Max.
Building
Height
(in feet)
Center
Line
row
Center
Line
row
150
150
70
70
20
20
60
60
20
20
15
15
20
20
35
35
100
150
70
20
60
20
15
20
35
65,340
100
150
70
20
60
20
15
20
35
65,340
32,670
125
150
70
20
60
20
15
20
35
N/A
N/A
100
N/A
70
20
60
20
15
20
35
N/A
N/A
100
20
60
20
15
N/A
N/A
N/A
21,780
6,000
32,670
8,000
N/A
10,890
10,890
21,780
21,780
51,000
51,000
N/A
B
20,000
N/A
20,000
N/A
20,000
N/A
I
43,560
N/A
43,560
N/A
43,560
N/A
N/A
70
20
35
100
N/A
70
20
60
20
15
20
35
N/A
75
N/A
70
20
60
20
15
15
35
20,000
N/A
100
100
65
15
55
15
10
10
35
43,560
N/A
100
100
65
15
55
15
10
10
35
1. Or as provided for in the Madison County Subdivision Regulations.
2. Front yard setbacks as required in Article VIII do not apply to parking lots. Parking lots may be built to within five feet of the right-of-way in the front yard.
3. Setback for confinement livestock structures where a public road serves as the common property line shall be 90’ from the centerline. The 400’ residential setback required under Section 7.2.1.3
of this ordinance must still be observed.
4. Front setbacks for county maintained arterial roads shall be the same as shown on this table for Federal and State maintained roads.
5. Front Yard setbacks for the B-1, B-2 and I Districts include the 10’ landscaping strip required under Section 6.2.3.7 of this ordinance.
Amended 4/1/13
8-2
Section 8.2 Minimum Road Frontage, Private Access Drives and Private Access
Easements.
Private Access Drives and Private Access Easements. Private access drives and private access
easements for minor subdivisions must meet the requirements enumerated below. Private access drive
requirements for major subdivisions are contained in the Madison County Subdivision Regulations.
8.2.1
Private access drives and private access easements must meet the following requirements:
8.2.1.1
Connect directly with a federal, state or county maintained road.
8.2.1.2
Serve a maximum of four lots.
8.2.1.3
Have a minimum width of 30 feet.
8.2.1.4 Shall not exceed 1,500 feet in length unless approved by the Board of
Commissioners following review and recommendation by the Planning and Zoning
Commission.
8.2.1.5
Be limited to one private access drive or private access easement per parent parcel
within a five-year period unless otherwise approved by the Board of
Commissioners, following review and recommendation by the Planning and
Zoning Commission.
8.2.1.6
Lot(s) subdivided from a parent parcel which require(s) a private access drive or
private access easement to connect the lot(s) to a public road cannot further
subdivide within a five-year period where a new private access drive or private
access easement is required unless approved by the Board of Commissioners,
following review and recommendation by the Planning and Zoning Commission.
8.2.1.7
Not permitted within 500 feet of an existing private access drive or private access
easement, unless approved by the Board of Commissioners following review and
recommendation by the Planning and Zoning Commission.
8.2.1.8
Not permitted in R-3, B or I districts.
8.2.1.9
Minimum lot widths, shall meet the requirements of Section 8.4 of this ordinance.
8.2.1.10 Setbacks for all structures shall meet the requirements in Article VIII, with thirtyfive feet (35’) from the centerline of the private access drive or private
access easement.
8.2.1.11 Private access drives must be deeded to the lot owner(s) it serves.
8.2.1.12 The location of private access easements must be shown on a recorded plat for each
lot served by the private access easement.
For the purpose of Section 8.2 the following will apply:
8-3
1. "Served" or "serve" shall mean that traffic uses any portion of the private access drive or
private access easement to travel between a public road and the lot.
2. The five-year period shall begin on the date the private access drive or private access
easement was recorded or October 21, 2003, whichever is later.
3. Approval by the Board of Commissioners for the exceptions permitted under section 8.3
must be based on the following:
a. Literal enforcement will result in unnecessary hardship to the property owner(s);
b. Approval would not adversely affect the health, welfare, or safety of Madison
County residents;
c. Approval would not permit the locating of private access drives or private access
easements in close proximity to another private access drive or private access
easement for the purpose of increasing the number of subdivided lots beyond the
maximum number permitted under Section 8.3.
d. Approval will not hinder or endanger vehicular and pedestrian traffic on
adjacent streets.
The regulations contained in Section 8.2 neither prevent nor limit other types of easements such as
easements for utilities, drainage, pedestrian walks or trails, etc.
Section 8.3 Commercial Driveways
Driveway spacing and driveway density are important considerations in managing access to the roads
in
Madison County. When driveways are spaced too closely together, or the number of driveways per
mile becomes too large, a significant increase in traffic accident rates can occur particularly in those
areas where the speed limit is 55 miles per hour. To improve highway safety and provide for better
traffic flow management, shared commercial driveways and side street access to commercial and
industrial properties are highly encouraged in both commercial and industrial districts, particularly
where such properties are
accessed from arterial roads.
Except where federal or state regulations take precedence, the following standards shall apply to all
commercial driveways in the B, and I zoning districts. However, if it appears that there would be
unusual difficulty encountered in meeting these requirements because of grade changes, existing or
proposed intersections, driveways, bridges or other land restrictions, the Board of Commissioners,
upon recommendation of the County Road Superintendent, may waive or modify the requirements of
this section.
8.3.2.1 Access to commercial and industrial properties shall be provided for each parcel. This access
may be an individual commercial driveway or a shared commercial driveway. Additional
commercial driveways as indicated on Figure 1, may be permitted providing they also meet
all the requirements of this section, and are approved by the County Road Superintendent.
8-4
Figure 1. Commercial Driveway Access
8.3.2.2 No portion of two commercial driveways serving the same property shall be located closer
than thirty feet to one another, measured from the edge of the travel lane, unless written
approval is obtained from the County Road Superintendent. See Figure 2. Such approval
shall only be granted where the County Road Superintendent has determined there would be
no unreasonable interference with the free and safe movement of highway traffic and where
the sight distance requirements of Section 8.3.2.13 have been met.
Figure 2. Driveway Spacing
8.3.2.3 New commercial driveways shall be aligned with those across the roadway, where possible.
If alignment is not possible, driveways shall be offset a minimum of 250 feet along arterial
roads, 150 feet along collector and local streets from those on the opposite side of the
roadway, unless written approval is obtained from the County Road Superintendent to reduce
the offset distance. Such approval shall only be granted where the County Road
Superintendent has determined there would be no unreasonable interference with the free and
safe movement of highway traffic and where the sight distance requirements of Section
8.3.2.13 have been met.
8-5
8.3.2.4 Commercial driveways designated for one-way operation shall have a minimum pavement
width of fourteen feet, and a maximum width of twenty feet, measured at right angles to the
driveway centerline at the right-of-way line, exclusive of any flares. The County Road
Superintendent may increase the required minimum width to twenty feet if long wheelbase
vehicles also use the commercial driveway.
8.3.2.5 Commercial driveways designated for two-way operation shall have a minimum pavement
width of twenty-four feet and a maximum width of thirty feet, measured at right angles to the
driveway centerline at the right-of-way line, exclusive of any flares. The County Road
Superintendent may increase the required width to forty feet if long wheelbase vehicles also
use the commercial driveway.
8.3.2.6 Commercial driveways shall meet the traveled way with a curve having a minimum radius of
fifteen feet.
8.3.2.7 Where two or more businesses share a commercial driveway the driveway shall meet the
same requirements regarding width and all the other requirements regarding location of
commercial driveways, except that pertaining to location in regard to property lines. Such
driveway shall be jointly owned or the owners shall utilize recorded easements for the shared
use.
8.3.2.8 A shared commercial driveway may cross a lot line or be on a lot line.
8.3.2.9 Throat lengths for commercial driveways shall be measured from the edge of the street
pavement to the end of the driveways and must:
1.
2.
be designed as to prohibit any cross access along its length, and
meet the requirements of Figure 3.
Figure 3. Throat Length
8-6
8.3.2.10 No portion of a commercial driveway, including the radius shall extend beyond the property
line of an adjoining parcel of property, unless written approval of the adjoining property
owner is obtained and the original filed with the County Road Superintendent.
8.3.2.11 Commercial driveways must directly connect with a public road.
8.3.2.12 Except where serving the same property, the minimum spacing between commercial
driveways (measured from centerline to centerline) is as follows:
1. Arterial: 450 feet
2. Collector: 300 feet
3. Local Residential, Commercial and Industrial: 100 feet
For corner lots, the spacing shall be a minimum of 125' measured from the point where the property
corner and the road right-of-way intersect, to the beginning of the driveway radius. See figure 4.
Figure 4. Corner Lots and Driveway Spacing
8-7
8.3.2.13 Commercial driveways should be located at a point along the applicant's accessible frontage
that will:
1. provide acceptable sight distance, grade and alignment conditions for motorists using
the proposed driveway and the highway (See figure 5 for distance requirements), and
2. avoid any unreasonable interference with the free and safe movement of highway
traffic.
Figure 5. Sight Distance Requirements for
Driveways
8-8
8.3.2.14 No signs, structures or vegetation or portion there of exceeding 2 ½ feet in height shall be
permitted within the visibility zone as shown in Figure 6.
Figure 6. Visibility Clearance at Commercial & Industrial Drives
8.3.2.15 Following the adoption of this amendment, deceleration lanes will be required for all
commercial driveways connected to a county maintained road, if the number of Vehicles
Per Day (VPD), in close proximity to the business or industry, exceeds 2,500 or unless at
least one of the following conditions is met:
1. Less than 50 vehicles per day are expected to be entering the business.
2. Construction cost of the deceleration lane exceeds 20% of the total estimated cost of
the development, including cost of the land.
In the case of condition "2", the county road superintendent shall first make considerable effort to
reduce the lane construction cost to within these limits. When such effort is not successful, the Board
of Commissioners may waive the deceleration land requirement upon recommendation by the County
Road Superintendent.
The pavement specification for deceleration lanes must meet the Georgia D.O.T. road specifications
or as otherwise approved by the Board of Commissioners.
Design standards for deceleration lanes shall be in accordance with figure 7.
8-9
Deceleration Lane
Figure 7. Deceleration Lanes
Edge of Existing Pavement
County Road
12 ft Min.
Taper
12 ft Min.
Deceleration Lane
See Chart
See Chart
25 ft.
Radius
30 ft.
Deceleration Lanes
Main Road
Speed Limit
55 mph
45 mph
35 mph
<30 mph
Decel Lane
Length
150’
100’
50’
Transition
Taper Length
Curb & Gutter
if required
50’
35’
25’
not required
Upon satisfactory completion of such deceleration lane, the owner shall post with the County a
Figure
guaranty bond in an amount equal to ten (10) percent
of the 4
cost of the deceleration lane. The bond
will guarantee the County that the deceleration lane has been installed in a workmanlike manner free
from defects caused by faulty material or workmanship, and that the deceleration lane will remain in
acceptable condition for a period of at least one year. The Board many authorize a cash bond of ten
(10) percent of the deceleration lane cost in lieu of a guaranty bond. The County Road Superintendent
shall inspect the deceleration lane prior to the expiration of the guaranty or cash bond to insure such
deceleration lane is in satisfactory condition for acceptance by the County. Any defects found during
this inspection shall be repaired at the cost of the owner. If at the end of the one-year period the
deceleration lane is found to be in satisfactory condition as determined by the County Road
Superintendent, the owner shall dedicate the right-of-way for the deceleration lane in fee simple to
Madison County.
8.3.2.16 For roadways with curb and gutters, concrete driveway aprons should be provided in
accordance with Georgia Department of Transportation standards.
8.3.2.17 The County Road Superintendent shall determine the required slope, centerline elevation at
the right-of-way line and the maximum change in valley grade for commercial driveways
based on DOT standards for state highways. Deviation from such DOT standards is
permitted provided the goals of 8.3.2.13 are met.
8.3.2.18 Commercial driveways shall not obstruct or impair drainage in side ditches or roadside
areas. Driveway culverts, where necessary, shall be adequate for surface water drainage
along the roadway as determined by the County Road Superintendent. The distance
between culverts under successive driveways shall not be less than 10 feet unless the area is
permitted by the County Road Superintendent to be filled in. Runoff from commercial
driveways shall be directed to storm drainage collection systems.
8-10
8.3.2.19 Commercial Driveway Permitting Requirements.
1. The applicant applying for a commercial driveway permit shall apply for the sole purpose of
securing access to the property.
2. When one or more of the following conditions exists, the owner/developer/contractor is
required to apply for a commercial driveway permit.
(a) When property has been previously undeveloped for commercial or industrial
use.
(b) When a change in use would increase traffic flow to and from the commercial
or industrial property.
(c) When an existing commercial driveway is no longer considered adequate for
property usage due to structural additions or modifications causing higher
than originally designed for traffic volume, or has, since installation become a
hazard to the safety of area traffic.
(d) When applying for a commercial or industrial rezoning or requesting approval
for a commercial or industrial subdivision.
3. Application shall be made at the office of the County Road Superintendent prior to any on-site
construction. A scaled drawing shall accompany the application showing all driveway and
property dimensions, property lines and grades. The following shall also be included:
(a) Angle of entry and exit
(b) Distance of the driveway(s) to side property lines
(c) The distance between driveways, if more than one driveway is proposed or
existing on the road. The distance to the nearest driveway on the adjacent
property in each direction if within 300', measured along the right-of-way
line.
(d) The distance from the centerline of the road to the right-of-way line.
(e) The width of existing roadway pavements, lane widths and direction of travel.
(f) Island areas (between driveways).
(g) Distance to nearest intersection, if less than 250 feet.
(h) Deceleration lane, if required.
(i) The radii of all curves on the proposed driveway(s) measured to the edge of
pavement.
4. The applicant shall furnish all materials, do all work and pay all costs in connection with the
construction, reconstruction and maintenance of the commercial driveway including that
portion of the driveway located on the right-of-way. The applicant shall arrange for and bear
the entire cost of moving poles, trees, signs, hydrants, and other existing installations which
may interfere with the proposed driveway. The applicant shall make the installation without
jeopardy to vehicular traffic using the highway. Street surfaces, shoulders, ditches and
vegetation disturbed shall be restored to equivalent or better than original conditions. The
applicant shall make no revisions or additions to his driveway without a new permit.
8.3.2.20 After reviewing a commercial driveway design, the County Road Superintendent may:
1. Approve design as submitted; or
2. Approve design with corrections so as to conform the design to this section; or
3. Approve design with changes from the requirements of this section, provided that roadway
drainage can still be designed without adversely affecting private properties.
8.3.2.21 The approved design shall be transmitted to the applicant with a covering letter signed by the
County Road Superintendent. If the applicant disagrees with the final decision of the County
Road Superintendent, the applicant shall have the right to appeal such decision to the
Madison County Board of Commissioners within 30 days from the date of the covering letter.
Such appeal must be in writing and include the reason(s) for the appeal and any
documentation that might assist the Board in rendering a decision on the appeal.
8-11
8.3.2.22 For proposed commercial driveways intersecting with a federal or state road:
1. a copy of the Georgia D.O.T. access letter must accompany all B-1, B-2 and I rezoning
applications.
2. a copy of the approved permit drawing must be filed with the Department of Planning and
Zoning prior to the issuance of a building permit.
ADMINISTRATION
1. Notification. If the application is approved, a written construction permit shall be issued to
the applicant stating the terms and specifications for the construction or alteration of the
driveway. If the application is disapproved, a letter shall be sent to the applicant stating the
reasons for the disapproval. The applicant shall have the right to appeal to the Board of
Commissioners within 30 days from the date of the disapproval letter. Such appeal must be
in writing and include the reason(s) for the appeal and any documentation that might assist
the Board in rendering a decision on the appeal.
2. Violation. A violation shall have occurred if the owner has not fulfilled the provisions of
these regulations as determined by the County Road Superintendent.
3. Enforcement. Upon determination by the County Road Superintendent that a violation of
these regulations has occurred, notice shall be given to the Board of Commissioners
recommending appropriate enforcement procedures.
Section 8.4
8.4.1
8.4.2
Lot Requirements
Minimum Lots Sizes, Lot Width and Setbacks. The minimum lots sizes, lot widths and
setbacks for all zoning districts shall be as required on pg. 8-2.
The maximum height for buildings in all zoning districts is thirty-five (35) feet. The
height limits of this section does not apply to structures not intended for human occupancy
such as religious institution spires, belfries, chimneys, smokestacks,
monuments, barns and silos when located on a farm, parapet walls extending not
more than four (4) feet above the roof line of the building, necessary mechanical
roof appurtenances, water towers or similar structures. The height limits of signs
shall be as permitted in Article X of this Ordinance. Where a sign is located on
the top of a structure, the total height of the structure and the sign must not
exceed the height limitation of thirty-five (35) feet.
8.4.3 Vision Clearance. In all use districts, no fence, wall, shrubbery, or
other obstruction to vision between the heights of two and one-half (2½) feet and
fifteen (15) feet above the finished grade of streets may be erected, permitted or
maintained within twenty (20) feet of the intersection of the rights-of-way lines of
streets or of streets and railroads.
8.4.4 Access to Public Streets. Each principal use building must be located on a lot or
parcel that has frontage on a public street, county maintained road, private access
drive or private access easement, which meets the requirements of Article VIII of
this Ordinance.
8.4.5 Corner Lots. The side yard setback requirements for corner lots must be the same
as the front yard requirement for adjoining lots on the same street.
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8.5 Single-family dwellings per lot
Not more than one (1) single-family dwelling will be allowed on a lot unless otherwise permitted by
either the zoning ordinance or the manufactured home regulations, with the following exceptions:
8.5.1
An Accessory Dwelling Unit (ADU) will be allowed in the A1, A2, and RR districts
when the following conditions are met.
8.5.1.1 Only one such use is permitted per parcel; RR has to have a minimum of 4
acres, A1 and A2 must have a minimum of 10 acres, and;
8.5.1.2 The principal dwelling, the ADU is to accompany, must be a single family
detached dwelling or individual manufactured home qualifying as a single
family detached dwelling, and;
8.5.1.3 The owner of the property must occupy one of the dwellings as the owners
permanent and principal residence and will provide a statement to the
owners occupancy, and;
8.5.1.4 The distance between the closest vertical walls of the main house and any
ADU shall be no closer than 40 feet.
8.5.1.5 If the owner no longer occupies one of the residences the owner shall have 60
days to re-occupy the structure, or remove the ADU or sub-divide the
property, or show evidence to the Planning and Zoning Commission as to
why the occupancy requirement should be waived.
8.5.2
For humanitarian reasons, a manufactured home may be located temporarily on a lot
in the RR and non-residential districts which contains another residential dwelling
provided:
8.5.2.1
there is on file a letter from a medical doctor stating that an individual
needs to be supervised by and live in close proximity to a family member;
8.5.2.2
all setbacks are complied with;
8.5.2.3
approval from the Health Department is obtained for the sewage disposal
method and water supply for the manufactured home;
8.5.2.4
only one such use per lot is permitted;
8.5.2.5
a special permit is issued by the Zoning Administrator which shall be
renewed each twelve (12) month provided new medical certification is
presented verifying such need still exists; and when the need for the need
for the exemption no longer exists the Zoning Administrator will be so
notified, the special permit will be withdrawn and the manufactured home
moved from the property within 60 days of the permit withdrawal date or
expiration date, whichever is sooner. The Zoning Administrator is
authorized to extend the sixty (60) day.
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Section 8.6 Recreational Vehicles as a Temporary Residence
Amendment February 6, 2012
A Recreational Vehicle (“RV”) may be used as a residence only if located in a Recreational
Vehicle Park lawfully existing pursuant to Section 9.1 of this Ordinance, or if the following
conditions are met:
8.6.1 The RV must be connected to a utility pole (by approval from Planning &
Zoning and a permit from Building Inspection) and connected to a septic
system (with approval from the Health Department), and water must be
supplied by a potable water hose.
8.6.2
Application must be made to the Madison County Planning & Zoning Office
for a Temporary Housing Hardship permit, which permit, if granted, is good
for a 6 month period. Subsequent applications may be made to the Madison
County Board of Commissioners for extensions of the permit, each such
extension being good for an additional six months. Permits may be granted
only if the following criteria are met:
8.6.2.1 Only one RV may be located on a single tract.
8.6.2.2 A permit may be granted in an R-1 zone only if the lot has a minimum of 1.5
acres, in an RR zone only if the lot has a minimum of 4 acres, and in an A-2
or A-1 zone only if the lot has a minimum of 10 acres.
8.6.2.3 The owner of the property must occupy the main dwelling on the property.
8.6.2.4 The RV must be located a minimum of 20 feet from all other structures on the
lot and must meet the required setbacks from property lines.
8.6.2.5 The RV may not be used as a rental property, the intent of this section being
only to allow occupancy of an RV as a residence where necessitated by
financial hardship, and the charging of rent to the occupant(s) being
inconsistent with this purpose.
8.6.2.6 The RV must maintain a current vehicle tag registration at all times it is
occupied pursuant to a permit issued hereunder.
8.6.2.7 The requirements of this section 8.6.2 do not apply if the RV is occupied for
less than 30 total days in a 12-month period.
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ARTICLE IX: SPECIAL PROVISIONS
Section 9.1 Manufactured Homes, Mobile Homes, and Recreational Vehicles
9.1.1 Recreational Vehicle Parks. In any district where recreational vehicle parks are
permitted, the applicant shall submit a site plan (see Section 6.8.1) to the Zoning
Administrator as part of the application process. Following review, the Zoning
Administrator shall forward the application to the Planning and Zoning Commission
for their consideration and recommendations. Following receipt of the application
from the Planning and Zoning Commission the Board of
Commissioners shall determine the disposition of the application. Approval shall not
be granted unless all of the following conditions have been met.
9.1.1.1
All recreational vehicle parks must be located with direct access to a paved
city, county, state or federal highway. It is the responsibility of the
applicant to provide the necessary access where there is no existing
improved street or road connecting the recreational park site with an
improved existing public street or road. Any street or road improvement
required beyond the boundary of the recreational vehicle park shall be
improved in accordance with the Madison County Subdivision
Regulations. Entrances and exits to parks shall be designed for safe and
convenient movement of traffic into and out of the park and to minimize
marginal friction with free movement of traffic on adjacent streets. No
material impediment to visibility shall be created or maintained which
obscures the view of an approaching driver. All traffic in and out of the
park shall be through such entrances and exits. No entrance or exit shall be
through a residential district or shall require movement of traffic from the
park through a residential district.
9.1.1.2
Site Conditions. Conditions of soil, groundwater level, drainage, and
topography shall not create hazards to the property or the health and safety
of the occupants. The site shall not be exposed to objectionable smoke,
noise, odors, or other adverse influences, and no portion subject to
unpredictable and/or sudden flooding, subsidence, or erosion shall be used
for any purpose, which would expose persons or property to hazards.
9.1.1.3
Soil and Ground Cover. Exposed ground surfaces in all parts of the park
shall be paved, or covered with stone screenings, or other solid materials,
or protected with a vegetative growth that is capable of preventing soil
erosion and of eliminating objectionable dust.
9.1.1.4
Drainage Requirements. Surface drainage plans for the entire tract must be
submitted with the application to determine its compatibility with the
surrounding existing drainage pattern.
9.1.1.5
The minimum park size shall be five (5) acres with a maximum density of
fifteen (15) campsites per acre.
9.1.1.6
Campsites should, to the greatest extent possible, be developed to preserve
the natural character of the lot and the surrounding area, and each campsite
shall be at least 1,400 sq. ft. in size. Each campsite shall contain a
stabilized vehicular parking pad of shell, marble, paving, or other, suitable
material. No part of a RV or other unit placed on a campsite shall be closer
than five (5) feet to a site line.
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9.1.1.7
Separation Between Recreational Vehicles. Recreational vehicles shall be
separated by at least ten (10) feet. Any accessory structure such as attached
awnings, carports, or individual storage facilities shall, for purposes of this
separation requirement, be considered to be part of the RV.
9.1.1.8
Parking Requirements. There shall be at least three (3) off-street parking
spaces designated in the RV park for each two (2) RV sites. Off-street
parking may be provided in common parking areas or on individual RV
sites.
9.1.1.9
Accessory Uses. Management headquarters, recreational facilities, toilets,
dumping stations, showers, coin-operated laundry facilities and other uses
and structures customarily incidental to operation of a RV park and
campground are permitted as accessory uses to the park.
a.
Such establishments and the parking areas primarily related to their
operation shall not occupy more than 5 percent of the gross area of
the park.
b.
Such establishments shall be restricted in their use to occupants of
the park.
c.
Such establishments shall present no visible evidence from any street
outside the park of their commercial character which would attract
customers other than occupants of the park.
d.
The structures housing such facilities shall not be located closer than
one hundred (100) feet to any public street and shall not be directly
accessible from any public street, but shall be accessible only from a
street within the park.
9.1.1.10 Open Space and Recreational Areas. A minimum of eight percent (8%) of
the gross site area for the RV Park shall be set aside and developed as
common use areas for open or enclosed recreation facilities.
9.1.1.11 Yards and Setbacks. Each RV Park shall have a landscaped perimeter
buffer, which shall be landscaped used for no other purpose:
a.
Minimum front setback--twenty-five (25) feet except when the park
fronts on a state highway; then the minimum shall be fifty (50) feet.
b.
Minimum side setback--when abutting residential districts the side
setbacks shall be fifty (50) feet; when abutting a dedicated
right-of-way, the side setback shall be twenty-five (25) feet on the
side street; when abutting any other zoning district, the side setback
shall be twenty (20) feet along the interior lot line.
c.
Minimum rear setback--twenty (20) feet except when the rear yard
abuts a dedicated public right-of-way, the minimum shall be twentyfive (25) feet. If the rear yard abuts a residential district, the
minimum rear setback shall be fifty (50) feet.
9.1.1.12 Landscaping. When needed to enhance aesthetics or to insure public safety,
the RV Park shall be enclosed by a fence, wall, landscape screening, earth
mounds, or by other designs approved by the Planning and Zoning
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Commission which will complement the landscape and assure compatibility
with the adjacent environment.
9.1.1.13 Streets in RV Parks. Streets in RV parks shall be private, constructed with
a stabilized travelway (marble, shell, paving, or other suitable material) and
meet the following minimum stabilized travelway width requirements:
a.
One way, no parking
--
eleven (11) feet;
b.
One way with parking on one side,
or two way with no parking
--
eighteen (18) feet;
c.
Two way with parking on one side
feet;
--
twenty-seven
(27)
d.
Two way with parking on both sides
--
thirty-four (34) feet.
9.1.1.14 Buffers. As for manufactured home parks, buffer areas may be required in
developed areas and areas projected for future growth.
9.1.1.15 Recreational vehicle parks shall be adequately lighted with outdoor
lighting located every one-hundred fifty (150) feet along interior access
roads. The first light shall be within one hundred (100) feet from the
entrance to the RV Park.
9.1.1.16 In addition to meeting the above requirements, the recreational vehicle
park site plan shall be accompanied by a certificate of approval from the
Madison County Health Department.
9.1.2
Manufactured Home Parks. In any district where manufactured home parks are
permitted, the park shall be developed in accordance with the Madison County
Manufactured Home Regulations.
9.1.3
Individual Mobile Homes or Individual Manufactured homes. Individual mobile
or manufactured homes not meeting the definition of Dwelling, Single-Family, and
not located within a Manufactured Home Park, shall comply with the following and
other applicable sections of this ordinance.
9.1.3.1
(Amended September 7, 2010) Limitations. No pre-owned manufactured
mobile home is permitted to be moved in or into unincorporated Madison
County without a required health and safety inspection from the Madison
County Building Inspection, a private Home Inspector, or the County
Building Inspection in which the pre-owned manufactured home is located.
The inspection must meet the Madison County guide lines as listed in
Section 9.1.3.1 (a).
The attachment of a manufactured home to an manufactured home is
permitted only if both units were engineered and manufactured for such
attachment.
9.1.3.1 ( a ) Pre-Owned Manufactured Home Safety and Health Inspection
Definition: Pre-owned Manufactured Home: Any manufactured home that has been
previously utilized as a residential dwelling.
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1. All pre-owned manufactured homes that are relocating in or into Madison
County must pass a safety and health inspection by the Madison County
Building Inspections at their approved fee, or an independent licensed
home inspector, or by the County Building Inspection where the pre-owned
manufactured home is located. This inspection will cover, but not be
limited to:
a. Exterior Conditions;
1. The exterior of the home shall be free of loose or rotting boards or
timbers and any other conditions that might admit rain or moister to
the interior walls or living space.
2. The exterior must be uniform in appearance.
3. The roof shall be structurally sound with no obvious defects which
might allow rain or cause moisture to collect on the inside of the
home.
b. Interior Condition;
1. The floors, walls and ceiling shall be in sound condition and
appearance.
2. The doors and windows shall be operable and good working
condition. There must be at least one escape window per bedroom.
3. Operable smoke detectors must be in place.
4. Bathrooms and kitchens without a window must have an operable
ventilation device.
5. The home shall contain a kitchen sink and a hook up for a stove.
Each bathroom in the home shall contain a lavatory and water
closet; at least one bathroom shall contain a tub and /or shower
facility.
c. Utilities;
1. All plumbing fixtures must be in working condition and free of leaks
or obstructions.
2. Must have both hot and cold water supplied.
3. The hot water heater must be in safe working condition.
4. Heating units must operate in a safe working condition. Un-vented
heaters shall be prohibited.
5. Electrical panels shall be in compliance with the approved listing,
complete with required breakers or fuses, with all unused openings
covered with blank covers approved and listed for that purpose.
The electrical must meet the requirements of the National Electrical
Code and the electric utility company providing electrical service to
the new location, whichever is more stringent. All Panels must be
accessible.
6. All switches, receptacles, fixtures, etc. must be properly installed,
wired and shall be in working condition.
No pre-owned manufactured home shall be occupied until the standards herein are met
In addition to the standards specified herein, all pre-owned manufactured homes must
comply with all other applicable local and state laws and regulations.
9-4
9.1.3.2
Building and Occupancy Permits.
Building and Occupancy Permits issued by the Madison County Building
Inspector or his or her authorized agent are required for any mobile or
manufactured home moved to or within unincorporated Madison County.
A building permit is also required if the mobile or manufactured home is
added to or structurally altered 100-sq. ft. or more.
A building permit shall not be issued for a mobile home containing
aluminum wiring.
Prior to issuing a building permit, it is unlawful to move, locate, relocate,
erect or make utility connections of any kind to a mobile or manufactured
home in unincorporated Madison County.
All mobile and manufactured homes must be registered with the Madison
County Tax Commissioner and approval of the septic system by the
Madison County Health Department must be obtained before an
Occupancy Permit can be issued.
Prior to issuing an occupancy Permit it is unlawful to occupy or otherwise
use as a residence a mobile or manufactured home in unincorporated
Madison County.
9.1.3.3
a.
Application Requirements for Building and Occupancy Permits for
Mobile or Manufactured Homes. An application for permits for
location and occupancy of a mobile or manufactured home is
required to be filed by the owner or the owner's agent in the office of
the Madison County Building Inspector before a Building or
Occupancy Permit is issued.
b.
The permit application shall describe the mobile or manufactured
home as to size, dimension, year, model, the zoning district and tax
map and parcel number of the planned location of the mobile or
manufactured home, the intended use of the mobile or manufactured
home, the name of the owner and the name of the intended
occupants, and the source of water and type of waste disposal
system.
c.
If the intended use of the mobile or manufactured home is as an
accessory use, hardship use or farm caretaker, then details of such
proposed use shall be provided by the applicant.
d.
If the application is for the relocation of a mobile home which
was not constructed in accordance with the Federal
Manufactured Home Construction Safety Standards required
by the U.S. Department of Housing and Urban Development
(HUD), a pre-permitting inspection (as described in “E: a. and
b.” below) must be accomplished before a Building Permit is issued.
e.
In addition to the above requirements, the applicant must provide:
a. a recorded plat of the property where the home is to be located;
b. a sketch plan (see Section 6.8.2);
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c. a septic tank permit from the Madison County Board of Health or
a verification letter for existing systems;
d. an access letter from the Georgia Department of
Transportation for all new driveways accessing from a
state highway;
e. the name of the person setting up the home;
f. the name of the electrician performing the electrical work;
and
g. proof of a current Madison County tax decal.
f.
Mobile and manufactured homes shall:
a.
Meet the requirements of the Southern Building code, the
Georgia State Fire Marshall and the manufacturers
specifications prescribed for the set up of such dwelling
units, whichever is more stringent. These include but are not
limited to: footing, piers, tie downs and anchors;
b.
Meet the requirements of the National Electrical Code
(NEC) and the electric utility company providing electrical
service, whichever is more stringent;
c.
Be provided with prefabricated or permanent stairs and
landing, constructed of pressure treated lumber, masonry or
metal sufficient to provide safe ingress and egress from two
(2) exterior doors of the unit. Individual landings shall be a
minimum of sixteen (16) sq. ft. (4'x 4') and contain side rails
if over thirty (30) inches from the ground;
d.
The area beneath the ground floor of the structure shall be
enclosed around the exterior of the structure with a non-load
bearing curtain wall constructed of masonry block, brick, or
stone finish, at least 4 inches thick or metal or molded
curtain walls penetrated by openings only for installed vents
and access doors. Vinyl curtain walls are not allowed.
When metal or molded curtain walls are used they must be
attached to treated wood framing that is no more than 24
inch on center or metal channel framing. The wood or metal
framing will be securely anchored at the top and bottom.
e.
Have utility meters mounted to the structure rather than on a
utility pole, where roof construction will allow, in
compliance with the applicable building and electric codes;
f.
Have no electrical power supplied to the dwelling unit until
all these requirements are satisfied as determined by the
Building Inspector of Madison County or his authorized
agent;
g.
Meet all other state and county statutes, regulations and
ordinances.
9-6
9.1.3.4
Temporary Usage. A manufactured home may be used as an office in a
subdivision, by a contractor during construction or development, as a
temporary residence during construction of a permanent residence, or as a
temporary residence during the reconstruction of a permanent residence
which has been destroyed by fire, natural disaster or condemnation. All of
the above uses must be requested in writing, be for a period not exceeding
twelve (12) months, and have written approval of the Zoning
Administrator. The Zoning Administrator may extend the 12-month period
one time where necessary for up to an additional 12-month period.
Manufactured homes may be permitted on a lot in the A-1, A-2 and RR
zoning districts which contains another residential dwelling in the case of
health hardship provided:
a.
The requirements of section 8.5 are met;
b.
All setback requirements are met;
c.
There is only one such use per lot;
d.
A special permit is issued by the Zoning Administrator. The
permit must be renewed annually upon presenting sufficient
evidence of such medical hardship as stated in the original
application still exists; and
When the medical hardship originally applied for no longer
exists, the Zoning Administrator will be so notified by the
property owner, the special permit will be withdrawn and the
manufactured home removed from the property within sixty
(60) days of the permit withdrawal date or expiration date,
whichever occurs first. The Zoning Administrator is
authorized to extend the 60-day limit one time for an
additional 60 days for sufficient cause.
e.
9.1.3.5
Manufactured Home Subdivisions. Manufactured home subdivisions
hereafter developed or expanded either by an increase in acreage or in the
number of dwelling units must comply with the Madison County
Subdivision Regulations and the Madison County Manufactured Home
Regulations.
Section 9.2 Townhouses, Condominiums, Apartments, and Multi-Family
Dwellings
9.2.1
Townhouses and Condominiums
9.2.1.1
No more than six (6) nor fewer than three (3) continuous townhouses or
condominiums shall be built in a row with approximately the same front
line. Density shall not exceed eight (8) dwelling units per acre.
9.2.1.2
No side, or rear yard as such is required in connection with any individual
townhouse or condominium dwelling units, except that the front yard shall
be no less than twenty-five (25) feet in depth from the street right-of-way
of a minor local residential street, including cul-de-sacs, and where the
parking is not directly in front of each dwelling unit. If the parking for the
dwelling unit is in front of the dwelling unit, front setback from the
centerline of the street shall conform to Article VIII. Corner lots shall have
9-7
the same side yard as established in Article VIII, and the end buildings in
any townhouse or condominium grouping shall conform to the side yard
requirements of that district. All townhouse and condominium groupings
must meet the front, side and rear setbacks required the zoning district.
Each townhouse shall have its own yard at least twelve (12) feet deep that
is private and reasonably secluded from view from the streets and from
neighboring property, including adjacent townhouses. An accessory
building may be placed in the townhouse yard provided that the yard is
enclosed by an eight (8) feet high solid fence.
9.2.1.3
No more than fifty percent (50%) of the lot area shall be occupied by
buildings.
9.2.1.4
Insofar as practicable, off-street parking facilities shall be grouped in bays,
either adjacent to streets or in the interior of blocks. No off-street parking
space shall be more than one hundred (100) feet by the most direct
pedestrian route from a door of the dwelling unit it intends to serve. All
parking must be paved.
9.2.1.5
All townhouse or condominium complexes are required to tie into the
public sanitary sewer system and public water system. No other means of
waste disposal is permitted.
9.2.1.6
All other requirements within the district in which the townhouses are
located shall prevail.
9.2.1.7
A preliminary plat prepared in ink or pencil on a reproducible medium
shall be submitted to the Planning and Zoning Commission prior to any
grading, construction, or installation of improvements. Grading,
construction, or installation of improvements shall not be undertaken until
the Board of Commissioners formally approves the preliminary plat.
The preliminary plat shall illustrate the ultimate development of the entire
plat owned by the applicant and shall identify the section for which formal
plat approval will initially be requested. The preliminary plat shall be
prepared at a scale of one (1) inch equal one hundred (100) feet and, at a
minimum, include the following:
a.
Development name, if within an existing park.
b.
Proposed name, if not within a previously platted
development.
c.
Name, address, and telephone number of legal owner or
agent of the property.
d.
Name, address, and telephone number of registered
professional responsible for development design, design of
improvements, and for survey.
e.
Date, scale, and north arrow.
f.
Vicinity map including zoning classification of all adjacent
parcels.
9-8
9.2.1.8
9.2.2
g.
Total acreage of the proposed development and total acreage
of existing development if proposal is for expansion of
existing development.
h.
Location of existing property lines, major easement/right-ofway, required setbacks, watercourses, drainage areas and
ditches, and distinctive natural features.
i.
Existing buildings and roads.
j.
The location of all proposed buildings and roads, the number
of dwelling units per building, the square footage of each
building, and the square footage of each dwelling unit.
k.
The location of flood hazard areas as taken from FEMA,
FIRM or HUD maps. Where no such maps exist,
Conservation and Natural Resources Service maps may be
used.
l.
Statement of proposed water/sewer supply or collection
method.
m.
Information and data relating to surface water runoff as it
effects storm water drainage and impact on adjacent areas.
This includes an engineers certification that there will be no
increase in the rate of flow
to adjacent properties or provide details for a stormwater
retention system to prevent such increase.
n.
If proposed development is located in the Watershed
Protection District, the percent of impervious surface must
be shown.
All townhouse or condominium complexes must receive final approval
from the Board of Commissioners upon recommendation by the Planning
and Zoning Commission.
Apartments and Multi-Family Dwellings.
9.2.2.1
Apartments and multi-family dwellings shall meet the density requirements
of Article VIII.
9.2.2.2
All parking shall be off-street and shall be grouped in bays, either adjacent
to the street or in interior of blocks. An off-street parking space shall not be
more than one hundred (100) feet by the most direct pedestrian route from
a door of the dwelling unit it intends to serve. All parking must be paved.
9.2.2.3
All streets, drives or alleys in the development shall have a pavement width
of twenty (20) feet, and have bituminous, concrete, or asphalt surface. All
internal streets so designated by the Board of Commissioners as public
streets must meet county road construction standards, be warranted by a
surety bond or bank line of credit for one (1) year after acceptance by the
county, and be deeded to the county.
9.2.2.4
Minimum building setback shall be the minimum setback for the zone in
which the apartments are located provided that if required parking is not in
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the front of the apartment, the building setback must be twenty-five (25)
feet from street right-of-way. However, if required parking is located in
front of the apartment, the building setback from street right-of-way must
be twenty-five (25) feet plus the parking depth.
Section 9.3
9.3.1
9.2.2.5
All other requirements within the district in which the apartments and
multi-family dwellings are located shall prevail.
9.2.2.6
All apartments and multi-family dwellings shall be required to tie into the
public water system and public or community sewerage system approved
by the Madison County Health Department and the Board of
Commissioners as required in section 7.7.
9.2.2.7
All multi-family developments must meet the buffer requirements of
Section 6.7.7.
9.2.2.8
Applicant must file a site plan (see Section 6.8.1) for approval by the
Board of Commissioners upon recommendation by the Planning and
Zoning Commission and an engineers certification that there will be no net
increase in the flow rate of stormwater runoff on adjacent properties and
provisions for a stormwater retention system where necessary to prevent
such increase.
Accessory and Temporary Buildings
Accessory Buildings. The location of accessory buildings and uses in
residential and commercial districts must meet the following requirements:
9.3.1.1
Where an accessory building is attached to the principal use, a
substantial part of one wall of the accessory building shall be an
integral part of the principal use or such accessory building shall be
attached to the principal use in a substantial manner by a roof, and
therefore meet requirements applicable to the principal use.
9.3.1.2
A detached accessory building shall not be closer than twenty (20)
feet to the principal use, nor closer than twenty (20) feet to the lot
line except as provided for in Article VIII.
9.3.1.3
A detached accessory building shall not be more than two (2) stories
high and shall not be constructed on more than thirty percent (30%)
of the rear yard.
9.3.1.4
No detached accessory building may be located in the front yard of a
lot.
9.3.1.5
Manufactured homes, mobile homes, or recreational vehicles shall
not be used as accessory buildings in the unincorporated area of
Madison County. A storage trailer may be used as an accessory
building in non-residential zones, provided that it is anchored to the
ground, is not supported by wheels, and that there is no more than
one such trailer per parcel.
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9.3.1.6
Accessory building may consist of barns, storage, garages, art
studios, sheds, approved home bass business, home office, spring
house, and other like structures. These structures may consist of a
bathroom and a kitchen, but this does not make it a dwelling, nor
can it be lived in.
Section 9.3.2 Temporary Buildings and Usage.
9.3.2.1
Provided a valid permit issued by the Zoning Administrator exists,
temporary buildings may be used as an office in a subdivision, by a
contractor during construction or development and must be removed
immediately upon completion of construction.
9.3.2.2
One temporary building may be used as a temporary residence in nonresidential districts for up to one year during construction of a permanent
residence, or as temporary residence during the reconstruction of a
permanent residence, which has been destroyed by fire, natural disaster or
condemnation, under the following conditions:
a. A valid permit exits for the temporary building; and
b. The occupant is in the process of building or reconstructing a
permanent residence on the same site and holds a valid building
permit; and
c. The temporary building is connected to a well and septic system
approved by the Madison County Health Department; and
d. A Certificate of Occupancy has not been issued for the permanent
residential dwelling.
e. The temporary building permit shall not be extended beyond a year
unless approved by the Board of Commissioners, upon
recommendation of the Zoning Administrator. Manufactured homes
may be permitted on a lot in the A-1, A-2 and RR.
9.3.2.3
Manufactured homes may be permitted on a lot in the A-1, A-2
and RR zoning districts which contain another residential
dwelling in the case of health hardship provided:
a. The requirements of section 8.5 are met; and
b. All setback requirements are met; and
c. There is only one such use per lot;
d. A special permit is issued by the Zoning Administrator. The permit
must be renewed annually upon presenting sufficient evidence of such
medical hardship as stated in the original application still exists; and
e.
When the medical hardship originally applied for no longer exists, the
Zoning Administrator will be so notified by the property owner, the
special permit will be withdrawn and the manufactured home removed
from the property within sixty days of the permit withdrawal date or
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expiration date, whichever occurs first. The Zoning Administrator is
authorized to extend the 60-day limit one time for an additional 60
days for sufficient cause.
Section 9.4 Storm Shelters
Storm shelters are permissible as principal or accessory uses and structures in any district, subject to
the following conditions:
9.4.1
If any portion of the structure extends above the ground, that portion above the
ground must comply with the yard and lot coverage regulations of the district in
which it is located, and a sketch plan (see Section 6.8.2) for the shelter must be
approved by the Zoning Administrator.
9.4.2
If the structure is completely underground, it need not comply with yard requirements
or percent of lot coverage requirements.
9.4.3
A storm shelter, underground or above ground, shall be confined to a side or rear
yard and shall not be located in the front yard between the principal use and street on
which it fronts.
9.4.4
Storm shelters may contain or be contained in other structures or may be constructed
separately.
9.4.5
Storm shelters may be used for any permissible use in the district where situated.
Section 9.5
Home Occupation
9.5.1 Residential Home Occupation. Amended April 6, 2009
The conduct of business in residential units may be permitted under the provisions of this section. It
is the intent of the section to ensure the compatibility of residential home occupations with other uses
permitted in the R-1, R-2, R-3 and RR districts, maintain and preserve the residential character of the
area, and not create a nuisance for residents in the area by excessive traffic, smoke, noise or be a fire
hazard.
Home occupations which include sales or service operations for goods produced or services provided
on-site shall be permitted upon approval of the Zoning Administrator.
In granting such approval, the Zoning Administrator must find any such home occupation to be in full
compliance with the following requirements:
9.5.1.1
9.5.1.2
9.5.1.3
The home occupation business shall be carried on within the residence
and/or within a structure accessory to the residence.
The home occupation shall be secondary to the principal use of the home as the
business owner's residence. For the purposes of this regulation, a home occupation
shall be considered secondary if it occupies either:
1) less than 50% of the total square footage of the home, or
2) an accessory structure, such as a garage, provided that the total square
footage occupied by the home occupation remains less than 50% of the
total square footage of the home
Other than the sign(s) permitted under Article X, there shall be no exterior display,
nor other exterior indication of the home occupation, nor shall there be any variation
from the primarily residential character of the principal or accessory building.
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9.5.1.4
Exterior storage may be permitted only by special exception, granted by the Zoning
Administrator. The Zoning Administrator may allow exterior storage only when the
storage will be screened from neighboring views by a solid fence or by evergreens of
adequate height and bulk at the time of planting to effectively screen the area. In
situations where a combination of existing foliage and/or long distances to
neighboring views provide screening, the fencing requirements may be waived at the
discretion of the Zoning Administrator.
9.5.1.5
Objectionable circumstances, such as noise, vibrations, dust, smoke, electrical
disturbances, odors, heat or glare, shall not be produced.
9.5.1.6
No traffic shall be generated by the home occupation activity that will be
substantially greater in volume than would normally be expected in the
neighborhood.
9.5.1.7
Parking for the home occupation shall be provided off-street and shall not be located
in the front yard.
9.5.1.8
The home occupation must be owned by the residents of the dwelling.
9.5.1.9
One (1) registered business vehicle may be parked at the principal or accessory
structure, provided that it is not larger than a van, panel truck, or pickup truck
(personal vehicles which may also be used for business are excluded from this
restriction).
9.5.1.10 Permitted residential home occupations: Amended April 6, 2009
a.
Adult Daycare
b.
Architectural services
c.
Art Studio
d.
Barber Shops or Beauty Salons
e.
Computer Programming
f.
Consulting Services
g.
Data Processing
h.
Dental technician and laboratory
i.
Direct sale product distribution (Amway, Avon, Jaffra, Tupperware, and
Herbalife)
j.
Drafting and graphic services
k.
Dressmaking, sewing, tailoring, contract sewing (one machine)
l.
Electronic assembly
m.
Engineering service
n.
Financial planning or investment services
o.
Flower arranging
p.
Home Office
q.
House cleaning service
r.
In-home child care, but not more than six (6) children at a time, including
the caregiver’s own pre-school children. Amended Sept. 8, 2009
s.
Insurance sales or broker
t.
Interior design
u.
Laundry and ironing service
v.
Locksmith
w.
Painting
x.
Plumbing
y.
Real estate sales or broker
aa
Restaurants, food preparation for
ab.
Telephone answering, switchboard call forwarding
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ac.
Tutoring
ad.
Writing, computer programming
ae.
Catering
af.
Music lessons and Swimming lessons
ag.
Personal care home
9.5.1.11 Prohibited residential home occupations:
a.
Ambulance service
b.
Appliance repair
c.
Automobile repair, parts sales, upholstery, or detailing, washing service
(including businesses working at customer's home)
d.
Boarding house, bed and breakfast
e.
Carpentry, cabinet makers
f.
Contracting
g.
Masonry
h.
Medical or dental office (nor any practice of physical or medical
application, including chiropractors)
i.
Religious institutions
j.
Tow truck services
k.
Veterinary uses (including care, grooming or boarding)
9.5.2 Rural Home Occupation
Rural home occupations in the agricultural districts may be permitted under the provisions of this
section. It is the intent of the section to ensure the compatibility of rural home occupations with other
uses permitted in the A-1 and A-2 districts; maintain and preserve the agricultural or rural character
of the area and not create a nuisance for residents in the area by excessive traffic, smoke, noise or be a
fire hazard.
The purpose of rural home occupations is to provide a means for residents in the larger lot agricultural
districts to participate in the type of businesses permitted in residential districts, be able to conduct the
home occupation in an accessory building where necessary, and to park, on-site, vehicles required for
the home occupation.
Rural home occupations, where permitted, must meet the following special requirements:
9.5.2.1
The minimum lot size is five (5) acres. For lots less than five (5) acres, the
home occupation is limited to the provision of section 9.5.1.
9.5.2.2
The home occupation business shall be carried on within the residence and/or
within a structure accessory to the residence.
9.5.2.3
The rural home occupation must be clearly subordinate to the principal use of
the parcel for dwelling and agricultural purposes. For the purposes of this
regulation, a rural home occupation shall be considered secondary if it
occupies either:
1) Less than 50% of the total square footage of the home, or
2) an accessory structure, such as a garage, provided that the total square
footage of the accessory structure occupied by the rural home occupation
remains less than 50% of the total square footage of the home.
9.5.2.4
Other than the presence of trade vehicles and the sign(s) permitted under
Article X, there shall be no exterior display nor any other exterior indication
of the home occupation, nor shall there be any variation from the primarily
residential or agricultural character of the principal or accessory building.
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9.5.2.5
Exterior storage may be permitted only with permission of the Planning and
Zoning Commission. The Commission may allow exterior storage only
when the storage will be screened from neighboring views by a solid fence or
by evergreens of adequate height and bulk at the time of planting to
effectively screen the area. In situations where a combination of existing
foliage and/or long distances to neighboring views provide screening, the
fencing requirements may be waived at the discretion of the Planning and
Zoning Commission.
9.5.2.6
The home occupation must be owned by the residents of the dwelling.
9.5.2.7
Unless otherwise determined by the Board of Commissioners, no sales of
products or services not produced on the premises is permitted.
9.5.2.8
The use has not been found likely to become a nuisance by reason of odor,
dust, smoke, gas, vibrations, or may impose a hazard to health or property.
9.5.2.9
Modifications from the above requirements may be approved by the Planning
and Zoning Commission, in individual cases if the modification is in
accordance with the intent of the District.
9.5.2.10
Additional requirements or conditions may be added as deemed necessary to
insure that the rural home occupation will not, under the circumstances of the
particular case, be detrimental to the health, safety, peace, morals, comfort,
and general welfare of persons residing or working in the neighborhood or to
the general welfare of the county or in any was adversely affect the character
of the area.
9.5.2.11 Permitted home occupations:
a.
All occupations permitted in the section 9.5.1.10.
b.
Appliance repair.
c.
Veterinary services other than boarding.
d.
Ceramics.
e.
Contracting, masonry
f.
Tow truck services.
g.
Upholstery.
h.
Other similar uses as approved by the Planning and Zoning
Commission.
Section 9.6 Automobile Service Stations
Within the districts permitting automobile service stations, the following requirements apply:
9.6.1
Location. The property where an automobile service station is located must not be
within one hundred (100) feet of any residential district, or any property containing a
school, public playground, religious institution, hospital, public library, institution for
children or dependents.
9.6.2
Site Requirements. An automobile service station must have a minimum frontage on
the primary street of one hundred twenty (120) feet and a minimum lot area of twelve
thousand (12,000) sq. ft. All buildings shall be set back forty (40) feet from all street
right-of-way lines and all canopies shall be set back fifteen (15) feet from all street
right-of-way lines.
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9.6.3
Access to Site. Vehicular entrances or exits at an automobile service station:
9.6.3.1
must not have more than two curb cuts for the first one hundred twenty
(120) feet of street frontage or fraction thereof; and
9.6.3.2
must contain an access width along the curb line of the street of not more
than thirty (30) feet as measured parallel to the street at its narrowest point
and shall not be located closer than twenty-five (25) feet from the
intersecting point of the two streets rights-of-way or ten (10) feet from the
adjoining property involved.
9.6.4
Gasoline Pump Islands. All gasoline pump islands shall be set back at least twenty
(20) feet from the right-of-way line, or where a future widening line has been
established, the setback line shall be measured from the widening line. Where pump
islands are constructed perpendicular to the right-of-way line, the pumps shall be at
least sixty (60) feet from the right-of-way of an arterial street, fifty-five (55) feet
from the right-of-way of a collector street, and forty-five (45) feet from the right-ofway of other streets.
9.6.5
Off-Street Parking. A minimum of two (2) off-street parking spaces are required
with an additional off-street parking space for each lubrication and wash bay.
9.6.6
Other Site Improvements. In addition to the above requirements, the following
additional site improvements must be adhered to:
9.6.7
9.6.6.1
A raised curb of at least six (6) inches high must be erected along the street
property lines, except for driveway openings.
9.6.6.2
A solid fence or solid wall six (6) feet in height must be erected along all
non-perpendicular property lines adjacent to any residential lot. The Board
of Commissioners has the discretion to permit a vegetative buffer in lieu of
the required wall or fence based on the character of the area where the site
is located.
9.6.6.3
Exterior lighting must be arranged so that it is deflected away from
adjacent properties and streets.
9.6.6.4
Signs, whether permanent or temporary, must not be placed within the
public right-of-way and must be arranged so that they do not obstruct
visibility for drivers or pedestrians.
9.6.6.5
All drives, parking storage, and service areas must be paved and curbed
and a good stand of grass must be maintained on the remainder of the lot.
9.6.6.6
The perimeter must be landscaped according the requirements of section
6.2.3.7
Storage of Inflammable Products. Outside above ground tanks for the storage of
gasoline, liquefied petroleum gas, oil or other inflammable liquids or gases is
prohibited at any automobile service station in all zoning districts. All used motor oil
must be stored in underground tanks. However, storage tanks for the retail sales of
propane gas and natural gas is permitted.
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Section 9.7 Cemeteries
9.7.1
Public Cemeteries. Within the districts permitting public cemeteries, the following
requirements shall apply:
9.7.1.1
The site proposed for a cemetery must not interfere with the development
of a system of collector or larger streets in the vicinity of such site. In
addition, the site must have direct access to a thoroughfare.
9.7.1.2
Any new cemetery must be located on a site containing not less than
twenty (20) acres.
9.7.1.3
All structures must be set back no less than twenty-five (25) feet from any
property line or street right-of-way line.
9.7.1.4
All graves or burial lots must be set back not less than twenty-five (25) feet
from any property line or minor street right-of-way lines, and not less than
fifty (50) feet from any collector, arterial, expressway or freeway right-ofway line.
9.7.1.5
The entire cemetery property must be landscaped and maintained.
9.7.1.6
Prior to approval of the request for the location of a new cemetery,
a site plan (see Section 6.9.1) and perpetual care plan must be
submitted to the Madison County Planning and Zoning Commission for
review at least thirty (30) days prior to Planning and Zoning Commission
meeting at which the request will be heard. The Madison County
Planning and Zoning Commission shall have thirty (30) days following the
public hearing to submit its report. If the Planning and Zoning Commission
fails to submit a report within the thirty (30) day period, it shall be
deemed to have approved the request. The Board of Commissioners
has 60 days following a recommendation by the Planning and
Zoning Commission, to approve, approve with modifications, or deny
the request.
a. Said cemetery may front only on a collector, major street, or State
highway, and the entrance to and exit from such cemetery shall be
only on the street on which it fronts.
b. A sketch plan (see Section 6.8.2) must be submitted with the
application which shows adequate paved off-street
parking. All buildings must be placed not less than fifty (50)
feet from any property line. A ten (10) foot wide buffer
area along its exterior boundary line, not bordering the
frontage, must border property street and not extending
into the required front yard. This buffer area is in addition to any
setbacks, etc., required in Article VIII. The buffer area
should be planted with evergreen trees or evergreen shrubs
that grow at least eight (8) feet tall within five (5) years and
provide an effective visual screen.
9.7.2
Religious Cemetery. Within the districts permitting church cemeteries, the following
requirements shall apply:
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9.7.2.1
The cemetery is located on the same property as the religious institution is
in addition to the minimum lot requirement for the religious institution and
adequate off-street parking is provided.
9.7.2.2
If the entrance and exit to the cemetery is other than that used as entrance
and exit for the religious institution, then the cemetery may front only on a
collector, major street or a state highway, and the entrance and exit to such
cemetery shall be only from the street on which it fronts.
9.7.2.3
All graves and burial lots must be at least twenty-five (25) feet from any
property line, and at least fifty (50) feet from any collector, major street or
state highway right-of-way line.
9.7.2.4
The cemetery must be bordered by a ten (10) foot wide buffer area along
its exterior boundary lines that do not border the frontage street. The buffer
must not extend into the required front yard. The buffer area should be
planted with evergreen trees or other evergreen shrubs that grow at least
eight (8) feet tall within five (5) years and provide an effective visual
screen.
Section 9.8 Automobile Junkyards
Automobile junkyards are a conditional use in the I, Industrial, District provided the following
conditions are met:
9.8.1
A solid fence at least ten (10) feet in height and constructed of wood, masonry, or
other material commonly manufactured for fencing, must be erected to screen the
entire property.
9.8.2
The grade of the site is not greater than 5 percent.
9.8.3
Minimum yard requirements under Article VIII for the I District must be met.
9.8.4
Automobile hulks and parts must not be stacked so as to create a threat to public
health and safety.
Section 9.9
Farm-based business
9.9.1
Farm occupations may involve any one of a wide range of uses, so long as the use is
not incompatible with the primary agricultural use of the land. The applicant must
demonstrate to the Board of Commissioners that the farm-based business is
compatible with the rural setting and will not create nuisances for nearby residences.
9.9.2
For farm parcels up to fifty (50) acres, while the farm-based business is in operation,
non-farm related subdivision of the parcel is not permitted. The purpose of this
provision is to limit the conversion of farmland to non-agricultural uses.
9.9.3
No more than the equivalent of two (2) full-time non-resident employees of the farm
parcel shall be employed by the farm-based business. However, the number of
employees may be reduced if it is believed that the proposed use is too intensive.
9.9.4
No more than two thousand (2,000) sq. ft. of gross floor area shall be occupied by the
farm-based business.
9.9.5
No more than one (1) acre shall be devoted to the farm-based business, including the
structure, parking, storage, and driveway (if separate from the primary residence
driveway).
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9.9.6
Where practicable, farm-based businesses shall be conducted within an existing
building located on the farm parcel. However, any building constructed for use by the
farm-based business shall be: a) located behind a residence or other farm building or,
b) set back a minimum of one hundred (100) feet from the street right-of-way and be
located within two hundred (200) feet of the primary residence.
9.9.7
Parking and outdoor storage shall not be visible from adjoining roads and properties.
9.9.8
Any building constructed for the use of the farm-based business shall be of a nature
that it can be converted to agricultural use or removed from the property if the farmbased business is discontinued. The structure should blend with the surrounding
agricultural setting.
9.9.9
A sketch plan (see Section 6.8.2) must be submitted by the applicant which, in
addition to the applicable requirements of Section 6.8.2, must show the location of
any building to be used in the farm-based business and that sufficient off-street
parking for the anticipated demands of the farm-based business has been provided
for.
9.9.10 No farm-based business shall be located within one hundred (100) feet of any
adjoining side or rear property line nor within one hundred (100) feet of any adjacent
residential zoning district. Such distances shall be measured as a straight line between
the closest points of any structure or any other physical improvement of the farmbased business and the adjoining property line.
9.9.11 Any outdoor storage of supplies, materials or products shall be located behind the
building in which the farm-based business is located. Such outdoor storage shall be
screened from adjoining roads and properties in accordance with Article VI.
9.9.12 An on-premise, freestanding sign is permitted for the farm-based business and shall
be in accordance with Article X of this ordinance.
9.9.13 The Board of Commissioners may also require such other reasonable conditions as
deemed appropriate.
Section 9.10 Bed and Breakfast
9.10.1 The acceptance of paying guests shall be an accessory use to the dwelling unit;
9.10.2 The only uses permitted shall be the renting of rooms and the serving of foods to
guests renting said rooms (accessory uses commonly associated with hotels and
motels, i.e., laundry services, gift shops, banquet halls, barber and beauty shops, shall
not be permitted);
9.10.3 All parking shall be off-street; and
9.10.4 Signs meeting the requirements of Article X of this Ordinance..
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Section 9.11 Clubs and Fraternal Organizations
9.11.1 The buildings are placed not less than fifty (50) feet from any property line;
9.11.2 There is a planted buffer area ten (10) feet wide along its exterior boundary lines not
bordering the frontage street and not extending into the required front yard. The
buffer area should be planted with evergreen trees or evergreen shrubs that grow at
least eight (8) feet tall within five (5) years and provide an effective visual screen.
9.11.3 A site plan (see Section 6.8.1) must be submitted with the application.
9.11.4 Adequate paved and lined off-street parking must be provided.
Section 9.12 Outdoor Storage Yards Amended June 1, 2009
The outdoor storage of goods, material or merchandise not otherwise on display within a building for
customer selection or direct sale or lease to customers, is permitted as follows:
9.12.1 Outdoor storage is permitted in B-1, B-2, and I.
9.12.2 The storage yard must be located to the side or the rear of the business
9.12.3 The storage yard must be setback at least twenty-five (25) feet from any side or rear
property lines and shall be screened by a solid fence of material commonly
manufactured for fencing, at least eight (8) feet high which is setback a similar
distance from any side or rear property lines, appropriately landscaped and
maintained.
9.12.4 Additional restrictions apply to salvage, and junk yards (see Section 9.8)
Section 9.13 Mining
Within districts allowing mining the following requirements shall apply:
9.13.1 Any extensions of quarrying operations beyond the property lines actually quarried at
the effective date of this ordinance amendment shall be considered a new operation.
9.13.2 Any quarrying operation shall obtain a special land development permit approved by
the Board of Commissioners. The permit shall be renewed every two (2) years, or at a
shorter interval as may be specified by the Board of Commissioners.
9.13.3 Quarry areas being excavated shall be enclosed entirely within a six (6) ft. high fence
located at least ten (10) feet back from the edge of any excavation.
9.13.4 At the time of obtaining a special land development permit, the operators or owner(s)
of the quarry shall present to the Board of Commissioners comprehensive plans and
proposals for the re-use of the property at the cessation of the quarry operation.
Section 9.14 Non-operating Vehicles in Residential Zones (Amended Sept. 7, 2010)
9.14.1 Vehicles not in operating condition shall not be parked between the residence and the
street or streets the residential parcel adjoins.
9.14.2 All vehicles not in operating condition must be parked in the rear yard, carport, or
garage.
9.14.3 All automobile parts must be stored within a garage or enclosed building.
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Section 9.15 Transmission Towers (Amendment Adopted March 12, 2001)
9.15.1 Regulated tower uses are VHF and UHF television; FM radio; AM radio; two-way
radio; common carriers; cellular telephone; fixed-point microwave; and low-power
television.
Tower uses not regulated by this ordinance are: portable, handheld, and vehicular
transmissions; industrial, scientific, and medical equipment operating at frequencies
designated for the purpose by the FCC; a source of non-ionizing electromagnetic
radiation with an effective radiated power of seven (7) watts or less; a sole-source
emitter with an average output of one (1) kilowatt or less if used for amateur
purposes; and goods in storage or shipment or on display for sale, provided the goods
are not operated, except for occasional testing or demonstration.
9.15.2 Towers must comply with regulations established by the Federal Aviation
Administration and the Federal Communications Commission.
9.15.3 Registration and Notice
In order to provide the governing authority with accurate and current information
concerning the telecommunications providers who offer or provide wireless
telecommunications services within Madison County or who own or operate
telecommunications facilities within Madison County, all owners of
telecommunications towers and/or antennas that offer or provide any
telecommunications service within Madison County, Georgia, from
telecommunications facilities within Madison County, Georgia, shall register with the
Madison County Planning & Zoning Department, on forms to be provided by the
Madison County Planning Department, which form shall include the following:
A. The identity and legal status of the registrant, including any affiliates; and
B. The name, address, and telephone number of the officer, agent, or employee of
the owner authorized to receive notices under this Section. All notices under this
Section shall be sent to such last-registered officer, agent or employee of the
owner via certified mail.
9.15.4 Requirements for telecommunications facilities:
General requirements for all telecommunication facilities set forth in this section
shall govern the location and construction of all telecommunication facilities
governed by this ordinance.
9.15.4.1 Building codes and safety standards: to insure the structural
integrity of telecommunications facilities, the owner of a
telecommunication facility shall insure that it is maintained in
compliance with standards contained in applicable local building
codes and the applicable standards for such telecommunication
facilities that are published by the FCC as amended from time to
time. If such standards and regulations are changed, the owner of
the telecommunication facility governed by this ordinance shall
bring such towers and antennae into compliance with such revised
standards and regulations. Owners of telecommunications facility
shall conduct inspections of such facilities once a year to insure
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structural integrity. Inspections shall be conducted by a structural
engineer licensed to practice in Georgia. The results of such an
inspection shall be provided to the director. If upon inspection, the
Madison County Building Inspector concludes that a tower fails to
comply with such codes and standards and constitutes a danger to
persons or property, then upon notice being provided to the owner of
the tower, the owner shall have 30 days from the date of the mailing
of such notice, to bring such tower into compliance with such
standards. If the owner fails to bring such tower into compliance
within said 30 days, the governing authority may remove such tower
at the owner’s expense. Any such removal by the governing
authority shall be in the manner provided in subsection 9.15.9 below.
9.15.5 Placement of telecommunications facilities by zoning district:
9.15.5.1
9.15.5.2
9.15.5.3
(A-1)Intensive Agriculture district telecommunication facilities shall
be allowed if
permitted by a conditional use permit approved by
the Madison County Board of Commissioners.
(I) Industrial district telecommunication facilities shall be
allowed if permitted by a conditional use permit approved
by the Madison County Board of Commissioners.
(B) Business district as a permitted use up to a total height
of 120 feet. Telecommunications towers greater that 120 feet of
height shall require a conditional use permit provided the
requirements of sections 9.15.6 and 9.15.7 are met.
9.15.5.4
Telecommunications facilities shall not be allowed in any zoning
district except
as provided in items 9.15.5.1 through 9.15.5.3.
9.15.6 Preferred location sites: infrastructure uses, are generally similar in appearance to or
easily adaptable for telecommunications facilities. Publicly used structures include
facilities such as police or fire stations, libraries, community centers, civic centers,
court houses, utility structures, water towers, elevated road ways, bridges, flag poles,
schools, hospitals or medical centers, light poles and churches.
9.15.6.1 Co-location site: any existing site which a legal wireless
telecommunication facility is currently located shall be a preferred location
site regardless of the underlying zoning designation of the site, provided,
however, that locations which meet this criteria shall be subject to the
design and siting component of this ordinance and co-location sites shall
not become an “antennae farm” or otherwise be deemed by the director or
the governing authority to be visually obtrusive.
9.15.7 In order to obtain a conditional use permit, applicant must demonstrate that:
9.15.7.1 Existing or approved towers cannot accommodate the telecommunications
equipment planned for the proposed tower;
9.15.7.2 The selected tower design is as visually unobtrusive as possible, given
technical, engineering, economic, and other pertinent considerations;
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9.15.7.3 The proposed tower is the minimum height necessary to accommodate the
antenna and no higher than existing towers housing similar antennas; a
map indicating all existing tower and antennae sites located within the
county and within two (2) miles of the county.
9.15.7.4 Existing on-site vegetation will be preserved as much as possible.
9.15.7.5 Tower site is large enough to contain debris resulting from tower failure.
The type, height, and structural characteristics for the tower will determine
site size. In any event, the tower must be set back from the nearest
property line a distance equal to or greater than its total height.
The site for a guyed tower includes the circle bounded by the guy anchors.
An one hundred (100) ft. buffer is required between the anchors and
adjacent property lines.
In granting a conditional use permit the Madison County Board of
Commissioners may impose additional zoning conditions to the extent
determined necessary to buffer or otherwise minimize adverse effects of
the proposed tower or antennae on surrounding properties. If the
conditional use request is not approved then the same property may not be
considered for a conditional use for at least six months immediately
following the failure to gain approval by the Board of Commissioners.
9.15.8 Landscaping:
Landscaping shall be used to effectively screen the view of the tower compound from
adjacent public ways, public property, and residential property. Native vegetation on the site
shall be preserved to the greatest practical extent. The applicant shall provide a written
landscape plan showing existing significant vegetation to be removed and vegetation to be
replanted to replace that loss. A new tower two hundred (200) feet or taller must be
landscaped with three rows of vegetation at the boundaries adjacent to residential uses, parks,
streets, and other sensitive areas as determined by the Zoning Administrator. The planting
strip must be approximately forty (40) feet in width and required plantings must start at the
property line inward and include rows Publicly used structures are preferred locations
throughout the county, because they appear virtually in all neighborhoods, are disbursed
throughout the county, and due to their of evergreen shrubs, deciduous trees, and taller
evergreen trees. The tower must be painted silver or retain its galvanized finish. In areas of
heavy vegetation, the base of the tower should be painted green to the tree line, with the
remainder silver or galvanized. Taller towers, or those close to airports that are considered
navigational hazards should be painted according to FAA regulations. A new tower less than
two hundred (200) feet in height must be landscaped with two (2) rows of vegetation at the
boundaries adjacent to residential uses, parks, streets, and other sensitive areas as determined
by the Board of Commissioners. The planting strip must be approximately twenty-five (25)
feet in width and required plantings must start at the property line inward and includes rows
of evergreen shrubs and deciduous trees. The tower must be painted silver or retain its
galvanized finish. In areas of heavy vegetation, the base of the tower should be painted green
to the tree line, with the remainder silver or galvanized. Taller towers, or those close to
airports that are considered navigational hazards should be painted according to FAA
requirements.
No landscaping is required for those portions of the tower site that abut non-residential or
non-public uses.
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Nighttime lighting of towers is prohibited unless required by the FAA.
Towers built on the same site must be similar in height, design, and color.
9.15.9
Abandoned Towers
After a continuous period of 12 months during which an antenna or tower is not used for its
original purpose, it shall be considered abandoned, and the owner of such antenna or tower
shall remove same within 90 days of mailing of notice from Madison County notifying the
owner of such abandonment. The owner may request a three-month extension prior to the
end of the 12-month period. Said three-month extension may be granted administratively by
the director if the request is received in writing by the director prior to the end of the 12month period. If a three-month grace period is granted, then a notice of abandonment will be
given to the owner at the end of the three-month period. If any abandoned antenna or tower
is not removed by the owner within said 90 days after notice of abandonment, then the
governing authority may remove such antenna or tower at the owner’s expense. Delay in
taking action shall in no way waive the governing authority’s right to take action. A lien may
be placed on the property for costs of removal, and/or said costs may be pursued from the
owner in court action. If there are two or more users of a single tower, then this provision
shall not become effective for the tower until all users cease using the tower. Within 30 days
of the owners receipt of said notice of abandonment, any owner aggrieved by said notice of
abandonment may file a written request for a hearing before the Madison County Board of
Commissioners. The owner may present argument and evidence to the Madison County
Board of Commissioners at such hearing. The owner may appeal the decision of the Madison
County Board of Commissioners to a court of law in the manner set out in Article XIII
hereof.
Section 9.16 Caretaker or Employee Dwellings
Caretaker or employee single-family dwellings are permitted as a conditional use within the A-1 and
A-2 zoning districts provided the following requirements are met:
9.16.1 There is no more than one (1) caretaker dwelling per farm on which agricultural
activity requiring such living quarters is being actively pursued. The farm may be a
single tract or one or more adjoining tracts under the same ownership, but in no case
shall a caretaker dwelling be permitted unless the total farm acreage is twenty-five
(25) acres or more or a variance has been granted.
9.16.2 At least one occupant of the caretaker dwelling be a caretaker as defined in this
ordinance.
9.16.3 All caretaker dwellings must meet the yard area and setback requirements of the
district in which located and the permitting requirements adopted by the county for
similar residential dwellings.
9.16.4 The permitting of a caretaker dwelling in no way releases the property owner from
any obligation they may have entered into under House Bill 230, the Preferential
Agricultural Assessment or, House Bill 283, The Conservation Use Amendment.
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Section 9.17 Notice of Agricultural Adjacency
Agricultural districts include uses of land primarily for active farming activities and will result in
odors, noise, dust, and other effects which may not be compatible with adjacent single-family
development. Future abutting developers in non-agricultural Land Use Intensity Districts shall be
provided with a "Notice of Agricultural Adjacency" at the time of an application for a land use
intensity district, change of property abutting to an agricultural district, or at the time of an
application for a building or occupancy permit for property adjacent to an agricultural district. Prior to
administrative action on either the land use intensity district or the issuance of a building or
occupancy permit, the applicant is required to sign a waiver on a form prepared by the Zoning
Administrator which will indicate that the applicant understands that a use adjacent to his use is
ongoing and will produce odors, noise, dust, and other effects which may not be compatible with the
applicant's development. Nevertheless, understanding the effects of the adjacent land use, the
applicant agrees by executing the form to waive any objection to those effects and understands that
his district change and/or his permits are issued and processed in reliance on his agreement not to
bring any action (asserting that the adjacent uses in the agricultural district constitute a nuisance)
against the local government and adjoining land owners whose property is located in an agricultural
district. Any such notice or acknowledgement provided to or executed by a landowner adjoining a
tract in an agricultural district shall be public record.
Section 9.18 Private Airstrips
Private airstrips are conditional uses in the A-1 district upon approval of the Board of Commissioners.
Before consideration, each of the following criteria must be met:
9.18.1 The parcel must be 50 acres or greater.
9.18.2 A site plan prepared in accordance with Section 6.8.1 of this Ordinance shall
include the following additional information:
a. landing and takeoff zones; and
b. surrounding land uses including buildings, roads, utility lines, towers,
and other sensitive uses within one thousand (1,000) feet of the proposed
facility.
9.18.3 Areas where the aircraft are to be operated shall not be closer than 1000' from any
residence other than that of the applicant/owner.
9.18.4 Applicant shall file the proper documentation with the FAA and must present the
written recommendation
9.18.5 No more than three (3) aircraft shall be used on, stationed at, or operated from the
private airstrip at any time.
9.18.6 No aircraft using the facility shall have more than two (2) engines or be designed to
carry over six (6) passengers including the pilot. No helicopter using the facility
shall be designed to carry more than four (4) passengers including the pilot. No jet
engine aircraft shall use the facility.
9.18.7 The facility shall be for private use and shall not be used for organized aviation
events.
9.18.8 The facility shall be used for daytime take off and landing only.
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Section 9.19 Limited Day Care
Within the districts permitting limited day care, the following requirements must be met:
9.19.1 No other for profit childcare shall be permitted on any lot having limited day care.
9.19.2 The limited day care must be compatible with the surrounding land uses. and;
9.19.3 The limited day care may be conducted within a dwelling or within an accessory
building provided all structures used are harmonious in appearance with the zoning
district where the use is to be located. and;
9.19.4 Only one accessory building per lot is permitted for limited day care and such
accessory building must meet the following requirements:
a. Where the accessory building is attached to a dwelling, a substantial part of one
wall of the accessory building shall be an integral part of the dwelling and meet
all the building code requirements adopted by Madison County for additions to
site-built homes. and;
b. A detached accessory building shall not be more than one story high and be
limited to 450 square feet. and;
c. A detached accessory building shall not be closer than twenty feet to a dwelling,
nor closer that fifty feet from any lot line. and;
d. No detached accessory building may be located in the front yard of the lot. and;
e. Manufactured homes, mobile homes or storage trailers may not be used as
accessory buildings. and;
f.
If the Limited Day Care activity is terminated for any reason, the owner of the
property must inform the Zoning Administrator within thirty days of such action.
Any accessory building, attached or detached, previously used for the Limited
Day Care can not house any for profit activity except where otherwise permitted
in the Zoning Ordinance.
9.19.5 No additional points of access to any street or road shall be permitted unless
necessary to provide safe and proper access to the proposed use. and;
9.19.6 One display sign limited to nine square feet is permitted where not out of character
with surrounding properties. and;
9.19.7 Modifications from the above requirements may be approved by the Board of
Commissioners, upon recommendation by the Planning and Zoning Commission, in
individual cases if the modification is in accordance with the intent of the District.
9.19.8 Additional requirements or conditions may be required by the Board of
Commissioners as deemed necessary to insure that the Limited Day Care will not,
under the circumstances of the particular case, be detrimental to the health, safety,
peace, morals, comfort and general welfare of persons residing or working in the
neighborhood or to the general welfare of the county or in any way adversely affect
the character of the area.
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Section 9.20 Sanitary Systems
All septic tanks, drain fields, and well sites must comply with the regulations established by
the Madison County Health Department and Section 7.12.7 (Rivers and Streams) of the
Madison County Zoning Ordinance. (Amended October 4, 2010)
Section 9.21 Manufactured Mobile Units Amended September 8, 2009
Amended February 11, 2013
Manufactured mobile units are allowed only as office space or class rooms in B, and
I or as a temporary office for a construction site or subdivision. May also be permitted as
classrooms for churches and the Madison County School System. See Section 9.1.3.3 for
application requirements and setup requirements.
For existing manufactured mobile classroom or office older than twelve (12) years will not
be permitted to be relocated with in unincorporated Madison County without proof that it has
been taxed through the County Tax Commissioner on or before July 1, 1997. No units older
than twelve (12) years will be allowed to be moved into unincorporated Madison County.
Proof must be tax records, or documents from the manufacture, not a Bill of Sale.
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ARTICLE X: SIGNS
Article X. Sign Regulations Amended May 4, 2009
Section 10.1: Purpose and Intent of Article X
The following regulations in the chapter are designed to promote the public
health, safety, order, aesthetics and general welfare of the community by: controlling
the number, placement, size and traffic hazards; avoiding an environment that
encourages visual blight; and encouraging a more attractive urban environment.
Section 10.2: Signs shall meet applicable codes.
Signs and other advertising structures shall be constructed and maintained in
strict conformity with building electrical codes and all other applicable regulations.
Section 10.3: Signs are permitted accessory uses.
Signs and other advertising structures are permitted as accessory uses, subject to
all applicable limitations as specified in this chapter.
Section 10.4: Permit required.
Except as otherwise excepted by the provisions of this chapter, any sign 33 square
feet in area or larger shall require a permit to be issued by the Planning and Zoning
Department before installation, construction, or erection. It shall be unlawful for any
person or erect, construct, enlarge, move or convert any sign, 33 square feet or larger,
without first obtaining a permit from the Planning and Zoning Department, provided,
however, that nothing in this section shall be constructed to require a permit for the
repainting, cleaning or other normal maintenance or repair of a sign or sign structure.
Section 10.5: Permit application.
Applications for permits to erect, construct, enlarge, move or convert signs shall
be made to the Planning and Zoning Department upon forms furnished by the
department. The application for a permit shall include any such information such as,
but not limited to, ownership information, location, construction cost, scaled site plans
and elevation drawings, structural details or other information necessary to ensure
compliance with the provisions of this chapter and all applicable codes.
Section 10.6: Permit fees.
No permit shall be issued until the appropriate application has been filed and fees
have been paid as established by the board of commissioners.
Section 10.7: Signs and sign devices prohibited.
The following signs and sign devices shall be prohibited:
1. Animated signs involving motion or sound.
2. Flashing, blinking, or varying light intensity signs, except time,
temperature, date and public service signs.
3. Projecting signs.
4. Roof signs.
5. Sandwich, sidewalk or curb type signs.
6. Signs erected on or over public property including public rights-ofway, other than signs erected by public authority for a public purpose.
7. Signs, except those designated “Posted property” or “no trespassing,”
which are erected or maintained upon trees or other natural features.
8. Signs attached to or painted onto a vehicle parked adjacent to and
visible from a street for the sole purpose of advertising onto such
street.
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Section 10.8: Public signs and sign devices exempted.
Any sign designed, erected or maintained for a public purpose by a public agency
or authority, or by a private person for a public purpose, is exempt from the provision
of the chapter. Public signs include, but are not limited to, the following: signs denoting
routes to any city, town, village, historic place, shrine or hospital; signs directing or
regulating traffic; notices of any railroad, bridge, or other transportation activity
necessary for the direction or safety of the public; legal notices or other official
instruments denoting time and place of civic meetings; signs denoting street names and
street number, address or unit designations; flags of the United States, state, county,
municipality or other public authority; flags, banners and other devices for celebrations,
conventions, commemorations, events, festivals and other community activities
authorized by the governing body; public memorial signs and tablets; and identification
signs and bulletin boards for churches and places of worship.
Section 10.9: Signs permitted in A1, A2, RR, R1, R2 and R3.
The following signs are permitted in the above zones.
1. Directional signs, not exceeding 4 square feet in area, nonilluminated.
2. Flags, banners and flying paraphernalia.
3. Holiday lights and decorations.
4. Home business signs.
5. Identification signs, nonilluminated, at the entrance drive of
individual residences, estates, farms, ranches and plantations which
do not exceed 32 square feet of area, with a limit of two signs for each
entrance drive
6. Identification signs and project identification monuments,
nonilluminated, for residential subdivisions and complexes not
exceeding 32 square feet of area.
7. Identification signs, nonilluminated, for fraternal organizations or
other similar permitted institutional uses, located on site, limited to
one sign per premises not exceeding 32 square feet of area.
8. Portable signs, nonilluminated, limited to one sign per individual
business establishment.
9. Real estate signs, nonilluminated, located on site, pertaining to the
rent, lease or sale of the premises, not exceeding eight square feet of
area, limited to one sign per premise.
10. Signs, nonilluminated, for permitted sales, rental and leasing offices,
and manager’s residences that do not exceed eight square feet of ara.
Section 10.10: Signs permitted in B, and I.
The following signs are permitted in the above zones.
1. If the business has a standardized signage plan, the signs will be
permitted upon presentation of the plan.
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Business not meeting requirements in Section 10.10-1 the following will be
required.
2. A business identification sign, either freestanding or attached, not
exceeding 32 square feet in area, on which the name and nature of the
business operated on the premises as the principal use are shown.
Such business identification signs shall be permitted to be as large as
64 square feet if the owner of the property in question elects not to
utilize his allowance for a portable sign.
3. A secondary business identification sign, either freestanding or
attached, not exceeding eight square feet in area, on which the name
and nature of a business operated on the premises area shown.
4. Attached signs, including marquee and canopy signs, with a total sign
area not exceeding 25 percent of the area of the building wall,
marquee or canopy to which the sign or signs are attached.
5. Window signs, not exceeding 25 percent of the total area of the
window.
Section 10.11: Maximum sign height.
No permitted sign, regardless of type, shall exceed the following height limitations:
1. Twenty feet as measured from road surface in A-1, A-2, and RR zones.
2. Eight feet as measured from road surface in R-1, R-2, and R-3 zones.
3. Forty feet as measured from road surface in the B, and I zones.
Section 10.12: General requirements for signs.
Signs, regardless of the district in which they are located, shall conform to the
following requirements:
1. Signs, together with any supporting members, shall be kept in good
repair and maintained so as to present a neat, clean appearance and
be in a safe state of preservation. Painted areas and sign surfaces
shall be kept in good condition, and illumination, if provided, shall be
maintained in safe and good working order.
2. Signs shall be set back a minimum of 5 feet from any public street
right-of-way.
3. No sign shall be erected where it will interfere with vision clearance
along any street or obstruct the vision of either drivers or pedestrians.
4. Any illuminated sign shall be placed so that the rays and illumination
therefrom shall not be cast upon neighboring dwellings, to the extent
possible.
5. All permitted marquee or projecting signs shall be erected under the
supervision of the building official.
6. Other attached signs shall be inspected for safety and compliance with
this chapter at the discretion of the Planning and Zoning Department
or other official designated by the board of commissioners.
Section 10.13: Variances permitted.
a. Recognizing that the strict application of the provisions of this chapter may, in
limited instances involving unique or unusual physical conditions or other
such unanticipated situations, pose an unnecessary hardship to the owner or
user of a sign, the board of commissioners authorized to permit variances
from the provisions of this chapter, including but not limited to the following;
1. An increase in the height of a sign.
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2. Reduction of the required 5 foot setback for a sign.
3. A sign of such type that is prohibited by section 10.7.
4. An increase in the maximum area of a sign.
5. Temporary signs and sign devices.
b. Applications for any of the variances set out in subsection (a) of this section
shall be filed and considered in accordance with the requirements and
procedures for variances and in addition shall require the filing of a an
elevation drawing of the sign or signs proposed to be erected, constructed,
modified or continued, along with written justification that unusual conditions
warrant such consideration.
Section 10.14: Procedures for dangerous or unlawful signs.
Should any sign become insecure or in danger of falling or otherwise unsafe in
the opinion of the building inspector or the Planning and Zoning Department, the owner
thereof, or the person or firm maintaining the sign, shall upon written notice from the
building inspector or the Planning and Zoning Department, forthwith in the case of
immediate danger, and in any case within 10 days, secure the sign in a manner to be
approved by the building official or Planning and Zoning Department, in conformity
with the applicable provisions of the building code of the county. If such order is not
complied with in 10 days, the property owner shall receive a court citation to appear in
court. In case any sign shall be installed, erected, or constructed in violation of any of
the terms of this chapter the Planning and Zoning Department shall notify by certified
mail, or written notice served personally, the owner to alter such sign, secure the
necessary permit, make required alterations, or remove the sign. If such order is not
completed within 24 hours from the time of notice being received, the property owner
shall receive a court citation to appear in court.
Section 10.15: Election or Political Campaign Signs.
Election or political campaign signs, notwithstanding anything herein to the
contrary and in accordance with O.G.C.A. section 16-7-58 (a) (2), there is no restriction
on the length of time a political campaign sign may be displayed on Private property for
which Permission has been granted.
10.15.1 Political Signs shall not exceed 64 sq. ft. in all zoning
classifications as stated in Table 1.
Section 10.16: Conformance to state law.
The following applies to any sign located or to be located with 660 feet of the
nearest edge of the right-of –way of an Interstate, U.S. or State-numbered highway (or
any other road designated as a “primary highway” by the State of Georgia and approved
by the U.S. Department of Transportation), or located or to be located beyond 660 feet
of such highway but visible and intended to be read from such highway:
(1) Such sign shall comply with all requirements of the Georgia Outdoor Advertising
Act, O.C.G. A. 32-6-70 et seq.
(2) Such sign shall comply with all requirements of this Article. Between the
Georgia and Madison County regulations, such sign must comply with the most
restrictive requirements with respect to each and every item of regulation.
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Section 10.17: Definitions Related to the Sign Regulations.
Animated sign: Signs that flash, blink, sparkle, rotate, revolve, or have moving parts or
visible bulbs
Awning: A roof-like cover that projects from the wall of a building for the purpose of
shielding a doorway, or window from the elements.
Awning sign: A sign imposed, mounted or painted upon a mansard and not extending
above the top of the mansard.
Banner: A sign other than an official or personal flag, made of paper, cloth, thin plastic,
or similar lightweight material, and usually containing a message or logo.
Building sign: A sign that in any manner is fastened to, projected from, or is placed or
painted upon the exterior wall, window, door, or roof of a building.
Canopy: A permanent roof-like structure projecting from at least one side of the
building for the purpose of shielding a pedestrian walkway from the elements, or a free
standing roof-like structure supported by columns intended to shield a vehicular
driveway or service area from the elements.
Illuminated Sign: Any sign that is internally or externally illuminated by artificial light.
Mansard: A steeply sloped, roof-like façade architecturally similar to a building wall.
Marquee: A permanent roof-like structure or canopy of rigid materials supported by
and extending from the façade of the building.
Marquee sign: Any sign attached flat against the marquee or permanent sidewalk
canopy of a building and not extending above the top of the marquee.
Projecting sign: A sign affixed to a wall and extending more than 8 inches from the
surface of such wall, usually perpendicular to the wall surface.
Roof sign: A sign that is mounted on, applied to, or otherwise structurally supported by
the roof of a building.
Sign: Any structure, display, or device that is used to advertise, identify, direct, or
attract attention to a business, institution, organization, person, idea, product, service,
event, or location by any means, including words, letters, figures, design characteristics,
symbols, logos, fixtures, colors, movement, or illumination.
Sign structure: All elements of a sign, including the sign face, background, or decorative
elements related to the presentation or support of the sign’s message, and the
structural supports.
Wall sign: A sign that is fastened directly to or is placed or painted directly upon the
exterior wall of a building, with the sign face parallel to the wall, and extending from the
surface of the wall no more than 8 inches.
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Window Sign: A sign that is placed on or behind a windowpane or glass door and
intended to be viewed from outside the building.
Table 1: Permitted Signs – By Land Use Category
Max. Height
Canopy
Directional
Home Business
Identification (2)
Marquee
Political
Portable Sign
Nonilluminated
Real Estate
Secondary Sign
Wall Sign
Window Sign
A-1, A-2, RR
20’
R-1, R-2, R-3
5’
4 sq. ft.
4 sq. ft.
32 sq. ft
4 sq. ft.
4 sq. ft.
32 sq. ft.
64 sq. ft.
Limit of one
64 sq. ft.
Limit of one
8 sq. ft.
B, I
40’
25 % of area
1-32 sq. ft. &
1- portable or
1-64 sq. ft.
25 % of area
64 sq. ft.
8 sq. ft.
8 sq. ft.
25 % of wall
25 % of window
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ARTICLE XI: EXCEPTIONS AND
MODIFICATIONS
Section 11.1
Area Variances
Amended March 4, 2013
11.1.1 Where a legal lot of record at the time of the enactment of this ordinance cannot meet the
minimum yard and setback requirements in any Zoning District in which single-family
dwellings are permitted and the owner of such lot does not own sufficient adjoining land that
can be incorporated into such lot to meet the minimum yard and setback requirements of this
ordinance; or if the topography, physical shape, or other unique features of such lot of record,
prevent reasonable compliance with the setback requirements, the yard, side-yard and rearyard setback requirements of the district in which the property is located may be reduced by
the smallest mount that will permit reasonable use of the property as a single-family dwelling
site, upon recommendation of the Planning and Zoning Commission and approval of the
Board of Commissioners. Such reduction of these space requirements shall constitute a
variance. However, in no case shall the Planning and Zoning Commission permit any lot in a
residential district (R-1, R-2 or R-3) to be used as a building site that is less than seventy-five
percent (75%) of the district's minimum lot size as set forth in Article VIII of this ordinance.
Further, the Planning and Zoning Commission and Board of Commissioners may grant
variances only upon certification by the Madison County Board of Health that such lot can
meet the water and sewer requirements of the Georgia Environmental Protection Division and
that all of the following conditions exist:
11.1.2
Section 11.2
11.2.1
11.1.1.1
There are extraordinary and exceptional conditions pertaining to the
particular piece of property in question because of its size, shape or
topography; and
11.1.1.2
The application of this ordinance to the particular piece of property
would create an unnecessary hardship; and
11.1.1.3
Relief, if granted, would not cause substantial detriment to the public
good or impair the purpose and intent of this ordinance; and
11.1.1.4
Such conditions are peculiar to the particular piece of property
involved; and
11.1.1.5
The special circumstances surrounding the request for a variance are
not the result of acts by the applicant; and
11.1.1.6
The variance is not a request to permit a use of land, buildings, or
structures, which is not permitted by right or by conditional use
permit in the district involved.
Public hearings on variances shall be conducted pursuant to Article XIV of this
ordinance.
Use Variance
Where the owner of a parcel of land has a legally non-conforming use at the time of
the enactment of this ordinance or its amendment, the Board of Commissioners,
after recommendation from the Planning and Zoning Commission may grant a use
variance upon a finding that all of the following conditions exist:
11-1
11.2.1.1
literal enforcement of these regulations will result in unnecessary
hardship to the owner;
11.2.1.2
the plight of the owner is due to unique circumstances especially
affecting the owner's parcel or building but not affecting generally
the zoning district in which it is located;
11.2.1.3
the use variance, if granted, is not contrary to the public interest; and
11.2.1.4
the use variance, if granted, will substantially serve the public
convenience and not substantially and permanently injure the
appropriate use of the neighboring property.
11.2.2
Public hearings on variances shall be conducted pursuant to Article XIV of this
ordinance.
11.2.3
If the variance request is denied, then the same property may not be considered for
a Use Variance for at least at least six (6) months immediately following the denial
of the Use Variance by the Board of Commissioners.
Section 11.3 Conditional Uses
Conditional uses are permitted in those districts herein provided, where such use is deemed
to be in harmony with the overall pattern of development of the area in which it is proposed
and where such use shall not adversely affect the health or safety of persons residing or
working in the neighborhood of the proposed use, and where it will not be detrimental or
injurious to property or improvements in the neighborhood.
Uses listed as "conditional uses" in the Zoning District shall only be permitted by special review and
approval by the Board of Commissioners after a public hearing based upon findings that the
proposed use is consistent with the adopted Comprehensive Plan and that the location, construction,
and operation of the proposed use will not result in a significant adverse impact upon surrounding
areas or the community in general as further described.
11.3.1
Adequate provision will be made on the proposed site for setbacks, fences,
screening, or other improvements to protect adjacent properties from possible
adverse effects, such as glare, noise, dust, vibration, odor, electrical disturbances,
or similar factors;
11.3.2
Vehicular and pedestrian traffic on adjacent streets will not be hindered or
endangered.
11.3.3
Off-street parking and loading and the exits and entrances of the proposed use will
be adequate in terms of location, amount, and design to serve the use.
11.3.4
Adequate public facilities are available to the site.
11.3.5
The proposed conditional use will not be injurious to the use or enjoyment of the
environment or other property in the immediate vicinity or diminish and impair
property values within the surrounding neighborhood;
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11.3.6
The proposed conditional use will not increase local or state expenditures in
relation to cost of servicing or maintaining neighboring properties;
11.3.7
The establishment of the conditional use will not impede the normal and orderly
development of surrounding property for uses predominant in the area; and
11.3.8
The location and character of the conditional use is considered to be consistent with
a desirable pattern of development for the locality in general.
Section 11.4 Application Requirements for Conditional Use Permits and Variance
Requests
11.4.1 Minimum Requirements for Applications. All applications for a Conditional Use
Permit or a variance shall be filed with the Planning and Zoning Department and
accompanied by, at a minimum, the following items:
11.4.1.1
An application form as available from the Planning and Zoning
Department, complete in all Respects;
11.4.1.2
An application fee as required by the Board of Commissioners to cover
administrative and advertising costs.
11.4.1.3
A site plan (see Section 6.8.1) to assist the approving authority in
rendering a decision on the application. Where, in the opinion of the
Zoning Administrator, the County would not be better served by a
formal site plan only a sketch plan (see Section 6.8.2) will be
required.
Section 11.5 Public Hearings and Procedures Required for Conditional Use
Applications
11.5.1
Public Hearings Required for Conditional Use Applications. Before approving
conditional use application two (2) public hearings must be held, the first to be
conducted by the Planning and Zoning Commission for review and recommendation
to the Board of Commissioners. The second public hearing is held by the Board of
Commissioners to determine the disposition of the application. Such public hearing
shall be conducted in accordance with Section 14.3.11
of this Ordinance.
11.5.1.1
11.5.1.2
Applicant Notification. The Zoning Administrator shall notify
the applicant of the date, time and place of the required public
hearings.
Notice to adjacent property owners. The Zoning Administrator shall
give notice of the dates, time, place and purpose of the public
hearings by mail to the owners of all properties abutting any part of
the property where conditional use action is to be considered. The
failure to notify as provided herein, shall not invalidate any decisions
made by the approving authority. For notice purposes the abutting
property owners are those on record at the tax office on the date of
the application.
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11.5.1.3
Publication of Notice. At least fifteen (15) and not more than fortyfive days prior to the public hearings the Zoning Administrator
shall cause notice of the hearings to be published in a newspaper of
general circulation in Madison County. The notice shall state the
time, place and purpose of the hearings and include the name of
the applicant, tax map and parcel number and location of the
property.
11.5.1.4
Signage. In addition to the newspaper notice, and not less that
fifteen days prior to Planning and Zoning Commission public
hearing, the Zoning Administrator shall cause to have posted in a
conspicuous place on the property proposed for a Conditional Use
Permit one or more signs approximately thirty-two inches (32") in
height and twenty-four inches (24") in width and shall contain the
following information:
11-4
AN APPLICATION HAS BEEN FILED WITH MADISON COUNTY
IN REGARDS TO THE ZONING REGULATIONS AS
THEY APPLY TO THIS PROPERTY
THE APPLICATION IS FOR
CONDITIONAL USE
THE HEARINGS WILL BE HELD AS FOLLOWS
PLANNING AND ZONING
BOARD OF
COMMISSION
COMMISSIONERS
DATE ____________________
DATE_____________________
TIME ____________________
TIME _____________________
LOCATION:
PUBLIC MEETING ROOM
GOVERNMENT COMPLEX
91 ALBANY AVE.
DANIELSVILLE, GA
FOR FURTHER INFORMATION CALL: (Telephone No.)
THIS SIGN NOT TO BE REMOVED WITHOUT AUTHORIZATION
11-5
11.6
Public Hearings and Procedures for Variance Applications:
11.6.1 Public Hearing for Variance Requests. Before approving a variance request,
a public hearing must be conducted by the Planning and Zoning Commission
in accordance with Section 14.3.11 of this ordinance.
11.6.1.1
Applicant Notification. The Zoning Administrator must notify the
applicant of the date, time and place of the required public hearing.
11.6.1.2
Notice to adjacent property owners. The Zoning Administrator must
give notice of the dates, time, place and purpose of the public
hearing by mail to the owners of all properties abutting any part of
the property where a variance action is to be considered. The failure
to notify as provided herein, shall not invalidate any decisions made
by the approving authority. For notice purposes, the abutting
property owners are those on record at the tax office on the date
application is filed.
11.6.1.3
Publication of Notice. At least fifteen (15) and not more than fortyfive days prior to the public hearing the Zoning Administrator shall
cause a notice of the hearing to be published in a newspaper of
general circulation in Madison County. The notice shall state the
time, place and purpose of the hearing and include the name of the
applicant, tax map and parcel number and location of the property.
11.6.1.4
Signage. In addition to the newspaper notice, and not less that
fifteen days prior to Planning and Zoning Commission public
hearing, the Zoning Administrator shall cause to have posted in a
conspicuous place on the property proposed for a Variance one or
more signs approximately thirty-two inches (32") in height and
twenty-four inches (24") in width and shall contain the following
information:
11-6
AN APPLICATION HAS BEEN FILED WITH MADISON COUNTY
IN REGARDS TO THE ZONING REGULATIONS AS
THEY APPLY TO THIS PROPERTY
THE APPLICATION IS FOR
(TYPE) VARIANCE
THE HEARINGS WILL BE HELD AS FOLLOWS
PLANNING AND ZONING
COMMISSION
DATE ____________________
TIME ____________________
LOCATION:
PUBLIC MEETING ROOM
GOVERNMENT COMPLEX
91 ALBANY AVE.
DANIELSVILLE, GA
FOR FURTHER INFORMATION CALL: (Telephone No.)
THIS SIGN NOT TO BE REMOVED WITHOUT AUTHORIZATION
Section 11.7 Denial of Application:
11.7.1
Denial of Application: If an application for a Conditional Use Permit or
a Variance is denied, then a similar request for the same property may
not be submitted until the expiration of a least six (6) months
immediately following the denial. For variance applications where the
Planning and Zoning Commission's denial was appealed to the Board of
Commissioners, the six (6) month period will begin following denial by
the Board.
11-7
Section 11.8 Developments of Regional Impact (DRI)
The Georgia Planning Act of 1989 authorized the Department of Community Affairs to
establish procedures for regional review of development projects that are of sufficient size that they
are likely to create impacts beyond the jurisdiction in which the project will be located. The DRI
review process involves the host local government, the reviewing Regional Development Center
(RDC), and other potentially affected local governments, RDA’s and agencies.
Thresholds are used to determine whether a proposed development is a DRI. Because positive
and negative impacts of DRI's are not necessarily confined to the host local governments'
jurisdictional boundaries, impacts on other jurisdictions need to be assessed.
If a development project is submitted to the Madison County Planning and Zoning
Commission or the Board of Commissioners for review, then the time deadlines imposed in Article
XIV are suspended until the DRI review process is completed.
Section 11.9 Sign Variances
11.9.1
An applicant desiring a sign not in conformance with the requirements of Article
X: Signs, after review and recommendation by the Planning and Zoning
Commissioner, the Board of Commissioners may grant a sign variance upon
finding that all of the following conditions exist:
11.9.1.1
Literal enforcement of these regulations will result in unnecessary
hardship to the owner;
11.9.1.2
the plight of the applicant is due to unique circumstances especially
affecting the applicant’s parcel, building, or sign but not affecting the
general zoning district in which it is located;
11.9.1.3
the sign variance, if granted, is not contrary to the public interest;
and
11.9.1.4
the sign variance, if granted, will substantially serve the public
convenience and not substantially and permanently injure the
appropriate use of the neighboring property.
11.9.2
Public hearing on variances shall be conducted pursuant to Article XIV of this
ordinance.
11.9.3
If the variance request is not approved, then the same sign may not be considered
for a sign variance for at least six (6) months immediately following the failure to
gain approval of the sign variance by the Board of Commissioners.
Section 11.10 Administrative Variances:
Administrative Variances. The purpose of this section is to grant authority to the Zoning
Administrator to take action on requests for minor modification or adjustment to certain
requirements of this Ordinance when such requests are for a use of property not permissible
under a strict literal interpretation of this Ordinance.
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11.10.1 For the purpose of administering this Section, the variance must be consistent
with the terms or requirements of this Ordinance and upon a finding that all of
the following conditions exist:
11.10.1.1
literal enforcement of these regulations will result in unnecessary
hardship to the owner;
11.10.1.2
the plight of the owner is due to unique circumstances especially
affecting the owner's parcel or building but not affecting generally
the zoning district in which it is located;
11.10.1.3
the variance, if granted, is not contrary to the public interest; and
11.10.1.4
the variance, if granted, will substantially serve the public
convenience and not substantially and permanently injure the
appropriate use of the neighboring property.
11.10.2 Administrative variance shall not exceed the following adjustments:
11.10.2.1 A decrease of not more than two percent (2%) of the required lot area.
11.10.2.2 A decrease of not more than ten percent (10%) of the required minimum
lot width and/or depth.
11.10.2.3 A decrease of not more than twenty percent (20%) of the required width
of a side yard or the required building separation.
11.10.2.4 A decrease of not more than twenty percent (20%) of the required front
or rear yard.
11.10.2.5
An increase of not more than ten percent (10%) of the permitted
projection of steps, stairways, landings, eaves, overhangs,
masonry chimneys and fireplaces into any required front, rear or side
setback.
11.10.2.6 An increase of not more than ten percent (10%) of the permitted height or
areas of signs as required under Article X of this Ordinance.
11.10.2.7 An increase of not more than ten percent (10%) in the maximum
allowable lot coverage.
11.10.3 The application for an adjustment must contain the applicable information required
under Section 6.8 of this Ordinance
11.10.3.1
If the Zoning Administrator denies an application for an Adjustment,
the applicant may appeal to the Planning and Zoning Commission as
provided for under Section 13.1 of this Ordinance.
11-9
ARTICLE XII: ADMINISTRATION,
ENFORCEMENT, AND PENALTIES
Section 12.1
Zoning Administrator
The provisions of this ordinance are administered and enforced by the Zoning Administrator,
who is hereby given the authority to interpret, administer, and enforce the provisions of this
ordinance. The governing body of Madison County, Georgia, is hereby given the authority and
responsibility to appoint a Zoning Administrator.
All plats representing new parcel divisions or splits must first be approved and stamped by
the Zoning Administrator or his authorized agent before being eligible for recording.
Section 12.2
Building Permit Required Amended Sept. 8, 2009
It is unlawful for any building used as a residence, and office, or a business to be located, erected,
moved, added to or structurally altered 100 sq. ft. or more without obtaining a Building Permit issued
by the Building Inspection Department with approval of the Madison County Health Department,
where required.
It is also unlawful for any accessory building greater than 288 square feet to be located, erected, or
moved into the county without obtaining a Building Permit issued by the Building Inspection
Department.
No Building Permit may be issued except in conformity with the provisions of this ordinance and
other applicable ordinances or resolutions approved by the Board of Commissioners.
Section 12.3
Application for Building Permit
Application for Building Permit. All applications for building permits must first be submitted
to the Madison County Planning and Zoning Office for approval. Applications must include the
following:
12.3.1
A recorded plat of the property.
12.3.2
A septic tank permit issued by the Madison County Health Department or a
Verification Letter for all existing systems.
12.3.3
It will be the responsibility of the applicant to pull any State or Federal permits that
may be required by those agencies. Amended 5/6/13
12.3.4
An approved Site Plan by the Planning & Zoning Department will be required for
all Commercial and Public Assembly Building permits. (Amended May 3, 2010)
Applications are then submitted to Building Inspection for approval, and a building permit.
Applications to Building Inspection must include the following:
12.3.5
An Engineer or Architect Stamped Set of Drawings are required when specified by
state law (OCGA 43-4-14), in all other cases Engineer or Architect stamped plans
are not required (e.g., commercial and business buildings 5000 sq. ft. or less and
others listed). Interior layout need not be shown on the drawings except to the
extent necessary to show compliance with building codes (e.g., weight-bearing
interior walls). The information required for drawings further includes, but is not
limited to, the following: floor system, roof system, and exterior walls.
(Amended May 3, 2010)
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12.3.6
12.3.7
A Department of Community Affairs (DCA) permit number with the set of
approved drawings of the Industrialized Building must be presented for all
Industrialized (Modular) homes.
A sketch plan (see Section 6.8.2). The proposed location of the building and
any existing structures on the lot indicating set-backs of proposed new structures
which meet all requirements of the Madison County Zoning Ordinance.
12.3.8
The amount of heated square footage.
12.3.9
The amount of unheated square footage.
12.3.10
Amperage of service panel (100, 150, 200 or more).
12.3.11 Type of heating and air conditioning systems.
12.3.12
Number of plumbing fixtures (toilets, lavatories, bathtubs, showers,
household sinks, dishwasher, washing machine, etc.).
12.3.13
Names of the builder, electrician, plumber, and heating and air contractor
must be submitted with the application.
12.3.14 Mobile Home applications are required to provide mobile home decal and receipt
from the Tax Commissioners Office, along with the mobile home installer, and the
electrician.
12.3.15 Such other information as may be essential by the Zoning Administrator or
Building Inspector for determining whether the provisions of this ordinance are
being observed.
All proposed excavation, filling or construction as set forth in the application must
be in conformity with the provisions of this ordinance and other ordinances of the county then in
force the Building Inspector may issue a building permit upon payment of the required fee.
All permits must be obtained, including the building, electrical, heating and air and
plumbing before starting construction.
If a building permit is refused, the Building Inspector must state the cause of the refusal
in writing within three (3) working days after such refusal.
Section 12.4
Construction Progress
Any building permit issued will become invalid unless the work authorized by the permit is
commenced within six (6) months of the date of issue or if the work authorized by the permit is
suspended or abandoned for a period of one (1) year; excepting, however, that non-structural interior
build out may be suspended for an indefinite period. (Amended May 3, 2010)
Section 12.5
Certificate of Occupancy Required
A certificate of occupancy issued by the Building Inspector is required in advance of
occupancy or use of:
·
A building hereafter erected;
·
A building hereafter altered so as to affect the front, side or rear yards thereof or its
height;
12-2
·
A building or premises altered or erected in which there is a change of use in an
existing building;
·
A building moved from one location to a second location where that building will
house persons or property.
·
Any non-conforming use that is existing at the time of enactment of this ordinance
or an amendment thereto that is changed, extended, altered, or rebuilt thereafter.
The Certificate of Occupancy shall state specifically where the non-conforming use
fails to meet the provisions of the ordinance;
Within three (3) working days after the application for a Certificate of Occupancy, a final
inspection of the property in question shall be made.
Upon payment of any required fees, the Building Inspector, after consultation with the
Zoning Administrator, shall sign and issue a Certificate of Occupancy if the use of the land or
building, as stated on the certificate and signed by the owner or his authorized agent, is found to
conform to the applicable provisions of this ordinance, and if the final construction of said building
complied with the plans submitted for the building permit.
A record of all certificates is kept on file in the office of the Building Inspector and copies
must be furnished on request to any person having a proprietary or tenancy interest in the building or
land involved.
Section 12.6
Denial of Certificate of Occupancy
A Certificate of Occupancy may not be issued unless the proposed use of a building or land
conforms to the provisions of this ordinance, or unless the building complies with the concept or site
plan upon which the Building Permit was issued. The Building Inspector must state in writing the
reasons for denying such Certificate of Occupancy.
Section 12.7
Penalties for Violation
Any person, firm, or corporation violating any provision of this ordinance is guilty of a
misdemeanor and upon conviction shall be punished for each offense according to law. Each day such
violation continues is considered as a separate offense.
Section 12.8
Remedies
In the event any building is erected, constructed, altered, repaired, converted, or maintained,
or any building or land is used in violation of this ordinance, the Zoning Administrator any
appropriate county authority or any person who would be damaged by such violation may institute
injunction, mandamus, or other appropriate action or proceeding to prevent the violation in the case of
each building or land use.
Section 12.9
Inspections
The Zoning Administrator, Building Inspector, or his or her authorized assistant(s) has/have
the power to make inspections of buildings (their construction and use) and the land (its use
development and subdivision) to determine if they conform to the requirements of this ordinance. If
the Zoning Administrator or Building Inspector determines that any such building or land use does
not conform to this ordinance, the Zoning Administrator or the Building Inspector or any person so
designated by the Board of Commissioners to enforce this ordinance must notify the owner thereof in
writing of the manner in which such building or land does not conform and the owner shall have sixty
(60) days in which to remedy the conditions therein specified; provided, however, that the Zoning
Administrator or Building Inspector may, at his or her discretion, extend the time for compliance with
any such notice.
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ARTICLE XIII: APPEAL PROCEDURES
This Article is established to identify the procedure whereby any aggrieved party may appeal
the decision of the Zoning Administrator.
Section 13.1
Appeal to the Planning and Zoning Commission
Any person or persons, jointly or severally aggrieved by any decision (including the failure to
decide within thirty (30) days upon submission of all documents required by this ordinance) of the
Zoning Administrator, has the right of appeal to the Madison County Planning and Zoning
Commission, if the appeal is filed with the Madison County Planning and Zoning Department within
thirty (30) days of the rendering of the decision by the Zoning Administrator. Such appeal must be in
writing stating the reason(s) for the appeal and include any documentation, which might assist the
Planning and Zoning Commission in rendering a
decision on the appeal.
Section 13.2
Appeal from the Planning and Zoning Commission
Any person or persons, jointly or severally aggrieved by any decision (including failure to
decide within thirty (30) days upon submission of all documents required by this ordinance) of the
Madison County Planning and Zoning Commission has the right of appeal to the Madison County
Board of Commissioners, if such appeal is filed with the Clerk of the Madison County Board of
Commissioners within thirty (30) days of the rendering of the decision by the Planning and Zoning
Commission. Appeals must be in writing stating the reason(s) for the appeal and include any
documentation, which might assist the Board of Commissioners in rendering a decision on the appeal.
Should the appeal relate to any land use decision for which the Planning and Zoning Commission has
approving authority, adjoining property owners must be furnished a copy of the written appeal and
the hearing date and subject matter must be advertised in a local newspaper of general circulation
prior to the date of the hearing by the Board of Commissioners.
Section 13.3
Appeal from the Board of Commissioners
Any person or persons, jointly or severally aggrieved by any decision of the Madison County
Board of Commissioners has the right of appeal to a court of law if such appeal is filed with the
Clerk of the Superior Court of Madison County within thirty (30) days of the rendering of the
decision by the Madison County Board of Commissioners.
Section 13.4 Stay of Proceedings
An appeal to the Court of Record stays all proceedings in furtherance of the action appealed
from, unless the Zoning Administrator certifies to the County Attorney after the notice of appeal has
been filed with him or her, that by reason of facts stated in the certificate, a stay would, in his or her
opinion, cause imminent peril to life and property.
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ARTICLE XIV: AMENDMENTS
Section 14.1
Amendment Procedure Jurisdiction
This ordinance, including the Official Zoning Map of Madison County, Georgia may be
amended from time to time by the Board of Commissioners, but no rezoning or amendment shall
become effective unless it is first submitted to the Madison County Planning and Zoning Commission
for review and recommendation. The Madison County Planning and Zoning Commission has thirty
(30) days following the public hearing within which to submit its report. If the Planning and Zoning
Commission fails to submit a report within the thirty (30) day period, it is deemed to have approved
the proposed amendments.
Commissioners may include special conditions in order to make the requested action
acceptable and consistent with the purposes of the districts involved and to further the goals and
objectives of any County plans. Such conditions may consist of: dedication of required rights-of-way
to the County where an insufficient amount or none exist, setback requirements from any lot line;
specified or prohibited locations for buildings, parking, loading, or storage areas or other land uses;
driveway curb cut restrictions; restrictions as to what land uses or activities shall be permitted;
maximum building heights or other dimensions; special drainage or erosion provisions; landscaping
or planted area which may include the location, type and maintenance of plant materials; fences,
walls, berms, or other buffering provisions or protective measures; preservation of existing trees or
other vegetation; special measures to alleviate undesirable views, light, glare, noise, dust or odor;
permitted hours of operation; architectural style; a condition that developers build according to the
site plan (see Section 6.8.1) as adopted; a limitation on exterior modifications of existing buildings; or
any other condition that the Board of Commissioners deems appropriate and necessary to further the
goals and objectives of any County plans. A conditional rezoning is made subject to the developer's
promise to comply with the conditions that the Board of Commissioners deems appropriate and
necessary to further the goals and objectives of any County plans.
Such conditions:
14.1.1
Shall only be valid if they are included in the motion approving the amendment for
adoption;
14.1.2
Shall be in effect for the period of time specified in the motion approving the
amendment;
14.1.3
Shall be required of the property owner and all subsequent owners as a condition of
their use of the property; and
14.1.4
Shall be interpreted and continuously enforced by the Zoning Administrator and
Building Inspector in the same manner as other provisions of these regulations.
14.1.5
A building permit shall not be issued until after the review and approval by the
Zoning Administrator of final site, architecture and development plans required by
such conditions."
Section 14.2
Application for Amendments
Amendment applications shall be provided by the Planning and Zoning Department.
Incomplete applications will not be submitted to the Planning and Zoning Commission.
14-1
Applications by other than the Board of Commissioners, must be accompanied by the
required fee and a statement certifying the applicant has at least a fifty-one percent (51 %) ownership
interest in the property.
An application for amendment must be filed with the Zoning Administrator at least thirty (30)
days prior to the Planning and Zoning Commission's monthly public hearing meeting, and must
contain the following information:
14.2.1
a sketch plan (see Section 6.8.2) drawn on a plat of the lot or parcel to be rezoned,
and a plat of the parent parcel if subdivision of land is involved. The Zoning
Administrator may require a site plan (see Section 6.8.1) instead of a sketch plan if
deemed necessary to assist the approving authority in rendering a decision.
If a sketch plan or site plan of the area to be subdivided is to be submitted with the
application, final approval of any zoning amendment is conditioned on approval by
the Zoning Administrator of a recordable plat accurately depicting the area to be
subdivided as indicated on the submitted plan.
14.2.2
a list of adjoining property owners as shown on the tax rolls; and
14.2.3
any additional information the applicant or the Zoning Administrator believes to be
pertinent.
Additionally, the applicant, if other than the Board of Commissioners, must pay the required
application fee to cover the administrative and advertising costs of the application and sign a
statement certifying he or she has at least a fifty-one percent (51%) ownership interest in the property.
14.2.4
The Zoning Administrator shall present the application and all of its supporting
documents, along with a written analysis of the requested zoning's impact, to the
Planning and Zoning Commission at its regular business meeting the month in
which the public hearings on the application are scheduled. The written analysis
shall show that the Zoning Administrator has considered the proposed change in
relation to the following, where applicable.
14.2.4.1
What is the existing land use pattern in the area?
14.2.4.2
Would approval create an isolated district designation unrelated to
adjacent and nearby district designations?
14.2.4.3
Would approval significantly increase or possibly overtax available
infrastructure including, but not limited to schools, streets and public
safety services?
14.2.4.4
Are the existing boundaries illogically drawn in relation to existing
conditions on the property proposed for change?
14.2.4.5
Would change or changing conditions make the passage of the
proposed amendment necessary?
14.2.4.6
Will the proposed change adversely influence living conditions in the
neighborhood?
14.2.4.7
Will the proposed change create or excessively increase traffic
congestion or otherwise affect public safety?
14-2
Section 14.3
14.3.1
14.2.4.8
Will the proposed change seriously reduce light and air to adjacent
areas?
14.2.4.9
Will the proposed change adversely affect property values in the
adjacent area?
14.2.4.10
Will the proposed change be a deterrent to the improvement or
development of adjacent property in accordance with existing
regulations?
14.2.4.11
Will the proposed change constitute a grant of special privilege to an
individual owner as contrasted with the public welfare?
14.2.4.12
Are there substantial reasons why the property cannot be used in
accordance with its existing zoning?
14.2.4.13
Is the proposed change out of scale with the needs of the
neighborhood or the county?
14.2.4.14
To what extent is the proposed change consistent with the county's
Comprehensive Plan?
14.2.4.15
What other factors, if any, should be considered in balancing the
interest in promoting the public health, safety, morality or general
welfare against the right to unrestricted use of the property?
Public Hearings, Procedures, and Rezoning Standards
Public Hearing Required. Before enacting an amendment to this ordinance, two
(2) public hearings must be held. The first is conducted by the Planning and Zoning
Commission for review and recommendation. The second hearing is held by the
Board of Commissioners to determine the disposition of the amendment
application.
14.3.2 Applicant Notification. The Zoning Administrator must notify the applicant of the
date, time, and place of the required public hearings.
14.3.3 Publication of Notice. At least fifteen (15) and not more than forty-five (45) days
prior to the date of the public hearings, the Zoning Administrator shall cause a notice
of the hearings to be published in a newspaper of general circulation in Madison
County. The notice shall state the time, place and purpose of the hearings.
If a zoning decision is for the rezoning of property and the rezoning is initiated by a
party other than the Board of Commissioners or the Planning and Zoning
Commission, then the notice, in addition to the requirements of the above paragraph,
shall also include the name of the applicant for rezoning, tax map and parcel number,
location of the property, present zoning classification of the property, and the
proposed zoning classification.
14.3.4
Sign. In addition to the newspaper notice and not less than fifteen (15) days prior
to the Planning and Zoning Commission Public Hearing the Zoning Administrator
shall cause to have posted in a conspicuous place on the area proposed to be
rezoned one (1) or more signs, each shall be approximately thirty-two inches (32")
in height and twenty-four inches (24") in width, and shall provide adequate notice
of zoning action and contain the following information:
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AN APPLICATION HAS BEEN FILED WITH MADISON COUNTY
IN REGARDS TO THE ZONING REGULATIONS AS
THEY APPLY TO THIS PROPERTY
THE APPLICATION IS FOR
REZONE FROM____________ TO_______________
THE HEARINGS WILL BE HELD AS FOLLOWS
PLANNING AND ZONING
COMMISSION
BOARD OF
COMMISSIONERS
DATE ____________________
DATE_____________________
TIME ____________________
TIME _____________________
LOCATION:
PUBLIC MEETING ROOM
GOVERNMENT COMPLEX
91 ALBANY AVE.
DANIELSVILLE, GA
FOR FURTHER INFORMATION CALL: (Telephone. No.)
THIS SIGN NOT TO BE REMOVED WITHOUT AUTHORIZATION
If, because of circumstances peculiar to the location of the property, the location chosen for the sign
will be either inconspicuous or invisible from any well-traveled right-of-way, the sign may be posted
not only on the property to be rezoned, but also in such a location not on the property to be rezoned,
that it is likely to be seen by persons potentially interested in the decision.
Public Notice signs must be removed by the applicant within seven (7) days after the Board of
Commissioner’s Public Hearing.
14.3.5
Official Action. The Board of commissioners cannot take official action on a
proposed amendment until after the required public hearings have been conducted.
14.3.6
Notice to Adjacent Property Owners. The Planning Department must give
notice of the date, time, place, and purpose of public hearings to be held by it on
proposed amendments or supplements by mail to the owners of all properties
abutting any part of the property proposed to be changed. The failure to notify as
provided herein, shall not invalidate any recommendations adopted hereunder. For
notice purposes, the abutting property owners are these on record at the tax office.
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14.3.7
Planning and Zoning Commission Action. A public hearing is conducted by the
Madison County Planning and Zoning Commission. The Planning and Zoning
Commission may recommend that the application be granted as requested, or it
may recommend a modification of the zoning amendment requested in the
application, or it may recommend that the application not be granted. These
recommendations must be certified to the Board of Commissioners within thirty
(30) days. If the Planning and Zoning Commission fails to submit its
recommendations within the thirty (30) day period, it is deemed to have
recommended approval of the proposed amendment.
The Planning and Zoning Commission must investigate each zoning application
and make its recommendation(s) to the Board of Commissioners. Such
recommendation(s) shall become part of the official public record relating to the
application.
14.3.8
Board of Commissioners Action. The Board of Commissioners shall review the
recommendation(s) of the Planning and Zoning Commission and shall approve,
approve with conditions (when proffered by the applicant or his/her authorized
agent or attorney), approve a less intensive use, deny, postpone to a date certain,
return the application to the Planning and Zoning commission for further review or
any other action permitted under the Georgia Zoning Procedures Law. If the
Board of Commissioners fails to act on the application within thirty days of its
submission by the Planning and Zoning Commission the application will be
considered approved and so certified upon demand. However, the applicant or
his/her authorized agent or attorney may waive this requirement.
14.3.8.1
Denial. If the zoning ordinance amendment or Official Zoning Map
amendment is not approved by the Board of Commissioners, then the
same property may not be considered for rezoning until the
expiration of at least six (6) months immediately following the
failure to gain approval of the rezoning request by the Board of
Commissioners.
14.3.8.2
Withdrawal. If an application for; an amendment to the Zoning Ordinance
or the Official Zoning Map, a request for a Conditional Use Permit or a
Variance is formally withdrawn by the applicant subsequent to the
publication of the newspaper notice or posting of the required signage,
then an application for the same property shall not be considered by
either the Planning and Zoning Commission or the Board of Commissioners
until the expiration of at least 60 days immediately following the withdrawal
of the application. The formal withdrawal must be in writing and signed
by the applicant, his/her authorized agent or attorney.
Failure of the applicant, his/her authorized agent or attorney to
appear before the Planning & Zoning Commission, at the time
and place of the scheduled public hearing convened to consider
the application will constitute a withdrawal. By withdrawing in
this manner, an application for the same property shall not be
considered again by the Planning & Zoning Commission until
the expiration of at least 60 days from the date of the scheduled
public hearing at which applicant, his /her authorized agent or
attorney failed to appear. Failure to attend the scheduled public
hearing before the Board of Commissioners will not be
considered a withdrawal. (Amended January 4, 2010)
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A withdrawn application cannot be considered by either the
Planning and Zoning Commission or the Board of
Commissioners until the date(s) of the reschedule public
hearing(s) has been properly advertised, notification of adjacent
property owners and signage required under this ordinance have
been met and payment of the required fee to the Zoning
Administrator.
14.3.8.3
14.3.9
Postponement. Postponement of a scheduled public hearing for a
zoning Amendment, Variance or Conditional Use Permit shall
only be authorized by majority vote of either the Planning and
Zoning Commission or the Board of Commissioners at the time
and place of the public hearing scheduled to consider the
application. Where a date certain for the rescheduled public
hearing was not announced at the time of such postponement,
adjacent property owners must be notified and an ad placed in a
local newspaper of general circulation in Madison County
stating the date, time and place of the rescheduled hearing at
least one week prior to such hearing. No additional fee will be
required for such notification or newspaper ad.
Zoning Amendment Criteria. In the adoption of a Zoning Ordinance, an
amendment to an existing zoning ordinance or amending the official zoning map,
the Board of Commissioners shall consider factors relevant in balancing the interest
in promoting the public health, safety, morals or general welfare against the right of
the individual to the unrestricted use of property and must specifically consider the
following:
14.3.9.1
Existing uses and zoning of nearby property.
14.3.9.2
The extent to which property values are diminished by the particular
zoning restrictions of the current zoning.
14.3.9.3
The extent to which the destruction of property values of the
individual property owner promotes the health, safety, morals or
general welfare of the public with consideration to:
14.3.9.4
a.
Population density and effect of community facilities on
streets, schools, water and sewer, and required emergency
services such as ambulance and fire fighting and police
protection;
b.
Environmental impact;
c.
Effect on adjoining property values.
The relative gains to the public, as compared with the hardship
imposed upon the individual property owner.
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14.3.10
14.3.9.5
The length of time the property has been vacant as zoned, considered
in the context of land development in the area in the vicinity of the
property.
14.3.9.6
Conformity with or divergence from any land use plan or established
land use patterns.
14.3.9.7
The availability of adequate sites for the proposed use in districts that
permit such use.
14.3.9.8
The suitability of the site for the proposed use relative to the
requirements set forth in the zoning ordinance such as off-street
parking, setbacks, buffer zones and open space.
14.3.9.9
The extent to which the proposed amendment is consistent with
Madison County Comprehensive Plan.
Action by County to Rezone Property to Original Zoning. When a rezoning
request has been granted for a parcel of land on request by the owner or his agent,
and no building permit has been applied for within twelve (12) months of the date
of the rezoning, the Board of Commissioners may initiate action to rezone the
parcel to its original zoning. The procedures of this article will be followed, except
that no fees will be paid.
14.3.10.1
14.3.11
If there is a rezone with a division of a portion of the property, the
plat must be done within (1) one year of the zoning approval or, the
zoning reverts back to the original zone. Amended Aug. 2008
Procedure for Conducting a Public Hearing. Public hearings held by the
Planning and Zoning Commission or the Board of Commissioners pursuant to the
requirements of the zoning ordinance shall be conducted as follows:
14.3.11.1
The hearing shall begin with a presentation of the application or
proposed action by the Zoning Administrator or her designee. No
specific time limit is set for such presentation; however, the Planner
or his designee is encouraged to be concise, and the Chair may limit
such presentation as he deems practicable.
14.3.11.2
After the presentation by the Zoning Administrator or her designee,
the applicant or his designee shall be allowed fifteen minutes to
speak. The applicant or his designee may reserve up to five of those
fifteen minutes for rebuttal as provided in section 14.3.11.4 below.
After the applicant or his designee has finished his initial
presentation, others wishing to speak in favor of the application shall
be allowed five minutes each to speak.
14.3.11.3
After those speaking in favor of the application, each person wishing
to speak against the application shall be allowed five minutes each to
speak. In the event that all those speaking against the application use
an aggregate of less than fifteen minutes, persons who have already
spoken shall be allowed to speak again, with no time limit, until all
those speaking against have used an aggregate of fifteen minutes.
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14.3.11.4
After those speaking against have finished their presentations, the
applicant or his designee may present rebuttal, if time for rebuttal has
been reserved.
14.3.11.5
Members of the Planning Commission and Board of Commissioners
will hold their comments and questions for the speaker until the end
of each speaker’s presentation. Time used for such questions and
responses shall not be charged against the speaker; however, the
Chair may in his reasonable discretion limit or terminate responses
that are unresponsive or repetitious.
14.3.11.6
Persons wishing to speak at a hearing shall rise and, when
recognized by the presiding officer, approach the podium and begin
by stating their name and address to the presiding officer.
14.3.11.7
Questions from the speaker shall be directed only to the presiding
officer, who may respond or designate another person for the
response.
14.3.11.8
The use of a spokesperson for those representing groups is
encouraged to speed proceedings, and the Chair may in his discretion
allow a spokesperson more than five minutes to speak so as to
encourage and facilitate such use.
14.3.11.9
When the public hearing is conducted by the Board of
Commissioners at a regular or called meeting, action may be taken
approving, approving with conditions, or rejecting the proposal at the
same meeting or the question may be postponed for consideration at
the next regular meeting or a published called meeting.
14.3.11.10
The Planning and Zoning Commission, within seven (7) working days of
their public hearing shall prepare and file minutes of the public hearing
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ARTICLE XV: DISCLOSURE OF
FINANCIAL INTERESTS
Section 15.1
Disclosure of Financial Interests
A county official who knows or reasonably should know he or she:
a.
has a property interest in any real property affected by a rezoning action upon
which that official's local government will have the duty to consider;
b.
has a financial interest in any business entity which has a property interest in
any real property affected by a rezoning action which that official's local
government will have the duty to consider;
c.
has a member of the family having any interest described in paragraph a. or
b. of this section; shall immediately disclose the nature and extent of such
interest, in writing, to the Board of Commissioners. The county official who
has an interest as defined in paragraph a. or b. of Section 15.1 of this
ordinance, shall disqualify himself from voting on the rezoning action. The
disqualified county official shall not take any other action on behalf of
himself or any other person to influence action on the application for
rezoning. Disclosures provided for in the section shall be a public record and
available for public inspection at any time during normal working hours of
the Planning and Zoning Office.
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ARTICLE XVI: LEGAL STATUS
PROVISIONS
Section 16.1 Conflict with Other Laws
When the regulations of this ordinance impose more restrictive standards than are required in
or under any statute of other legal document, the requirements of this ordinance shall govern. When
the provisions of any statute require more restrictive standards than are required by this ordinance, the
provisions of such ordinance shall govern.
Section 16.2 Separability
If any portion or provision of this ordinance is found to be unconstitutional, such invalidity
shall not affect any other portion of this ordinance.
Section 16.3 Repeal of Conflicting Regulations
All ordinances and parts of ordinances in conflict with this ordinance are herewith repealed.
Section 16.4 Incorporation by Reference of Maps
The official district zoning maps and atlas of maps of Madison County, Georgia, are by
reference incorporated herein and made a part hereof.
Section 16.5 Copies
This zoning ordinance of Madison County, Georgia shall be and is hereby executed in
triplicate, each signed copy being an original to be marked and distributed as follows:
16.5.1 Planning and Zoning Commission Copy. Delivered to the Madison County
Planning and Zoning Commission chairperson and maintained in that office.
16.5.2 County Work Copy. Shall be maintained in the Zoning Administrator's office for
day to day use in zoning and planning.
16.5.3 Minute Book Original. Shall be incorporated into the minutes of the meeting of the
Board of Commissioners of Madison County and maintained by the County Clerk.
The Minute Book original shall hereafter be deemed the original or official copy.
Any subsequent amendment shall be made only by official action as prescribed
herein. The original shall not be altered but amendments shall be identified on
separate sheets each separately numbered and supported by the date and official
action ordinance amendment in which the change was approved. In the case of a
comprehensive amendment to the zoning ordinance, a copy of all proposed changes
may be incorporated into one (1) document. Since a comprehensive amendment may
incorporate substantial material changes as well as insignificant technical changes, all
substantial material changes must be made available to the public separate from the
complete zoning ordinance and clearly identifiable. Substantial changes must be
approved individually by the Board of Commissioners.
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Section 16.6 Enforcement
If the Zoning Administrator or his or her assistant determines that any person is in violation
of this ordinance, the Zoning Administrator shall issue an order requiring the owner to comply with
this ordinance including orders requiring restoration of pre-existing conditions and orders requiring
restitution to the county by means that are deemed appropriate by the county. In addition, the county
may bring a civil action for enforcement and may seek equitable and injunctive relief under this
ordinance.
Any person who is determined to be in violation of any provision of this ordinance by the
county shall be fined a civil penalty of not less than one hundred dollars ($100.00) per day of
violation and not more than one thousand dollars ($1,000.00) per day of violation.
Any person violating any provision of this ordinance shall be guilty of a misdemeanor and,
upon conviction shall be punished by imprisonment of not more than six (6) months or by a fine of
not more than five hundred dollars ($500.00), or both, for the first offense and by imprisonment of
not more than one (1) year or by a fine of not more than one thousand dollars ($1,000.00), or both for
each subsequent offense. Additionally, any violation of any provision of this ordinance of failure to
comply with any of its requirement shall be grounds for immediate suspension or revocation of any
and all permits.
Section 16.7 Legal Form and Sufficiency
"This document is approved as to its legal form and sufficiency prior to its adoption."
CountyAttorney:___________________________________________ Date: 1-3-2011
Section 16.8 Effective Date
This ordinance shall take effect and shall be in force from and after the __3___ day of
January, 2011.
Adopted and approved by the Board of Commissioners after a public hearing on the ___3___
day of January, 20_11_.
APPROVED:
______________________________________________
Chairman, Madison County Board of Commissioners
______________________________
Adoption Date
______________________________________________
County Clerk
_______________________________
Effective Date
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