Frequently Asked Questions
Frequently Asked Questions
Section 419. - Abandoned, wrecked or junked vehicles and materials.
Except as otherwise expressly permitted, it shall be prohibited in all districts to park or continuously store abandoned, wrecked, junked or inoperable vehicles, power-driven construction equipment, used lumber or metal, or any other miscellaneous scrap material in quantity that is visible from a public street or adjacent or surrounding property. Said prohibition shall not be construed so as to prohibit the temporary repair or maintenance of automobiles owned by the property owner or the storage of such vehicles, equipment or other materials within an enclosed building, provided that such vehicles, equipment or materials are not for commercial sale. This section shall be construed to permit such vehicles or equipment, unless such use can be construed to be a junk/salvage yard or wrecked motor vehicle compound, if such vehicles and/or materials are not visible from a public street or surrounding property; that is, if screening is provided as defined by this Resolution. Existing junk/salvage yards and wrecked motor vehicle compounds qualifying as nonconforming uses shall have until July 1, 1992, to comply with the screening provisions of this section.
No. There will not be permits allowed for electrical connections to a RV/Camper by Planning and Zoning Department. Water Department will not install a water meter either.
Sec. 51-31. - Permanent occupancy of recreational vehicles.
No recreational vehicle shall be permanently occupied nor connected to water or electrical power, and no mobile home/manufactured home location permits shall be issued for recreational vehicles. For the purpose of this section, any recreational vehicle occupied for less than ninety (90) days shall be considered non-permanent and temporary, and any occupancy of ninety (90) days or greater shall be considered permanent. All recreational vehicles must display a current license before movement.
Said prohibition on permanent occupancy shall apply to all recreational vehicles regardless of location, including locations within approved recreational vehicle parks.
Yes. Here are some reasons:
- If the code violation is in plain view from a point where they have legal access. Generally, violations are seen from the road or properties which allows access to the general public. However, if there is complaint from a neighbor and the officer is allowed on complainant's property, that is considered legal access because it is based on consent.
- First hand knowledge permits are not issued for work which is being done;
- Issuing stop work orders;
- Dog complaints.
Here are some examples:
Example 1: Complaint filed for trash, junk, or abandoned materials are on a property and was seen from the road.
Example 2: Work without permit (i.e. grading, renovations, construction, etc)
Example 3: Dog off of property or has bitten someone
Example 4: Illegal burning - even though you have a permit, you can not burn ANY type of material on your property. (ex. plastic, metal, styrofoam, and etc.)
Example 5: Issue a Stop Work Order due to violations which need to be addressed immediately.
Dangerous Dogs have to be classified by a judge after a hearing process. The tab labeled Dangerous Dogs to the left will provide more information.
We encourage neighbors and communities to talk among themselves to help keep this under control. This ordinance below does not restrict how many an owner may have, but how many are allowed to be free to roam on the owner's property. Owners must understand they are civilly liable for the damage, destruction, and other actions of their dogs.
Sec. 14-34. - Permitted number of adult dogs and regulations for confinement of adult dogs located on property in the ARR, agricultural-rural residential district and CAD, commercial agricultural district.
(a) If a person's property is located in the ARR or CAD zoning districts of Banks County, Georgia, the person may allow up to four adult dogs to freely roam on the person's property.
Our office request you assist us with video/photo evidence with date and time stamps. This removes any accusations of revenge or disputes neighbors may have against complainants. Along with proof which can be used in court, if a citation was issued.
No. There are not any laws which require an animal to be housed or confined during the cold, heat, or rain. Owners must provide animals adequate food, water, sanitary conditions, or ventilation as outlined in Animal Cruelty Georgia Law. Click here to see more.
Section 409. - One principal building on a lot.
Only one principal building and its accessory buildings may be erected on any one lot of record; provided, however, that more than one dwelling, office, institutional, commercial or industrial building may be located upon a lot, subject to setbacks and separation as provided in these regulations.
**The exception will be if it is documented there was more than on the property/parcel/lot/plat prior to the date in which the county ordinances were initially voted into existence.
Should you have questions, call Planning and Zoning Department at 706-677-4272.
Once the resolution is voted on and approved by a majority of the Board of Commissioners. Just like state and federal laws, it only takes a majority to pass, effective immediately, and applicable to every resident in unincorporated Banks County. Unless the ordinance has details defining when it is effective, exceptions noted, or conditions which may allow those who may be in violation at the time it is passed to be exempt. Otherwise, there is not a grandfather clause to them.
The most common exemption would be a plat which was less than the acre minimum requirement, before the ordinances were initially voted in, can have a home.
However, if you are looking for an exception to an ordinance, you must apply for it through Planning and Zoning. Then that application will be reviewed by the Planning and Development Commission. They will review, vote on, and make recommendations on it. Which then will be forwarded to the Board of Commissioners for review and voting. Both processes will require the applicant to be present and allow for community input during the meetings.
They only affect those who live or operate a business in the unincorporated areas of Banks County.
To better understand this:
- Property owner pays taxes to only Banks County then county ordinances apply to you.
- Business owner has a business license issued by Banks County the county ordinances apply to you.
- Property owner pays taxes to Banks County and either Gillsville, Maysville, Homer, Alto, Baldwin, or Lula, then only their city ordinances apply to you. Any issues should be forwarded to their code enforcement, police department, or city council/commission.
- Those who are within the jurisdicition of Code Enforcement and violate an ordinance such as solicit without permit.
If are a renter or not sure who you should contact, you can search qPublic in Banks, Jackson, or Habersham Counties by clicking on the underlined county name.
- Then in the address section, enter your address. It should begin to auto populate it as you type. Should it not, make sure you are checking the correct county.
- Once it populates, click search.
- Look for Tax District.
- Should it show your city then you report issues to that city's code enforcement, police department, or city council/commission.
- However, if says COUNTY, then you report issues to your county code enforcement.
There are so many situations which a permit could be required for. Planning and Zoning is the best place to get those answers.
You can call them at (706)677-4272 or go to their office at 150 Hudson Ridge, Homer, between the hours of 8am until 5 pm, Monday through Friday.
Search for an animal rescue or animal control facility which will take them. Currently the community does well with posting to social media sites (i.e. Next Door, and Facebook) in attempts to get notify pet owners.
Abandoning domesticated animals or allowing live stock to roam freely are criminal offenses and should be reported to Banks County Sheriff's Office.
No, code requires a 1000 sq ft of heated/air conditioned space for property in an Agricultural Rural Residential District. There will not be permits allowed for electrical connections to a RV/Camper by Planning and Zoning Department. Water department will not install a water meter either.
Section 602. - Permitted uses.
4. Dwellings, single-family.
(i) 1,000 minimum square feet of heated space, excluding garages and porches;
(ii) Driveway permit required for Certificate of Occupancy;
(iii) Driveway pipes on county roads;
(iv) Road Department provides required specifications for pipes on driveways; and
(v) Lots in Class I Subdivision may share a common driveway.
However, if you live in a Single Family Residential District (R-1)
Section 701(A). - Purpose and intent.
The R-1, single-family residential district is intended to provide an opportunity for the establishment and preservation of quiet, stable, single-family residential neighborhoods at low densities free from other uses except those which are compatible with and convenient to the residents of such a district. To qualify acreage for rezoning to R-1, there shall be a minimum of 2 acres in the tract for consideration of Class IV Subdivision. To qualify acreage for rezoning to R-1, there shall be a minimum of 5 acres in the tract for consideration of Class II Subdivision. To qualify acreage for rezoning to R-1, there shall be a minimum of 5 acres in the tract for consideration of Class III Subdivision. There must be at least 2,000 square feet of heated space in each dwelling, not including basements, garages and porches with a minimum of 1,500 square feet on main floor of the dwelling. Each dwelling shall have four (4) sides of Masonry, Wood or Concrete Composite Siding. Each Dwelling shall have a basement or crawl space (no slab).
Should you have questions, call Planning and Zoning Department at 706-677-4272.
County ordinances violations can result in a citation being issued. The Magistrate Court Judge has this as guidance when issuing a sentence for ordinance violations.
Section 4.
Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine not to exceed $1,000.00 or imprisonment for not more than 60 days or both. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the county may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.
Most people do not realize every day a violation occurs, each day a person can be cited. That is not the intent of our officers, we would rather have compliance than issue a citation. We encourage violators to get in compliance as quickly as possible so a citation does not have to be issued.
