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Acworth City Zoning Code

ARTICLE III

APPLICATION OF DISTRICT REGULATIONS

Sec. 73-31.- Uniformity and compliance.

The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and specifically, except as hereinafter provided.

(Ord. No. 2024-03, § 1, 2-1-2024)

Sec. 73-32. - Compliance with district regulations.

No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.

(Ord. No. 2024-03, § 1, 2-1-2024)

Sec. 73-33. - Lots reduced below requirements.

No lot existing at the time of passage of this article shall be reduced in dimension or area below the minimum requirements set forth herein. Lots created after the effective date of this article shall meet at least the minimum requirements established by this chapter.

(Ord. No. 2024-03, § 1, 2-1-2024)

Sec. 73-34. - District designations.

For the purpose of this chapter, City of Acworth is hereby divided into districts. The districts below represent those that are active, though additional districts are enabled herein for the purposes of annexation or other public uses.

TABLE 73-34—ZONING DISTRICTS

RESIDENTIAL DISTRICTS
SINGLE FAMILY RESIDENTIAL
R-1 Detached single family residential-1
R-2 Detached single family residential-2
R-3 Detached single family residential-3
R-5 Mixed single family residential-5
MULTI-FAMILY RESIDENTIAL
RM-6 Multi-family residential-6
RM-8 Multi-family residential-8
NON-RESIDENTIAL DISTRICTS
COMMERCIAL
C-1 Neighborhood retail commercial
C-2 Community retail commercial
OP Office professional
INDUSTRIAL
LI Light industrial
HI Heavy industrial
SPECIAL PURPOSE
MU Mixed Use Development (Site-plan specific)
RC Residential Conservation Planned Unit Development (Site-plan specific)
SLC Senior Living Community (Site plan specific)
HDO Historic District Overlay

 

(Ord. No. 2024-03, § 1, 2-1-2024)

Sec. 73-35. - Required dimensional standards.

(a)

The following Lot and Building Regulations are applicable in all identified districts. These regulations offer certainty for property owners, developers, and neighbors about the limits of what is allowed; they are not to be construed as a guarantee that stated minimums and maximums can be achieved on every lot. Other factors, such as topography, the presence of protected resources, off-street parking, and other factors may work to further limit actual building and development potential.

(b)

The following table states the minimum standards for each lot in a zoning district:

TABLE 73-35.A—REQUIRED RESIDENTIAL DIMENSIONAL STANDARDS

Residential R-1 R-2 R-3 R-5 RM-6 RM-8
Maximum Impervious Surface Ratio (ISR, as percent of lot area) 40% 40% 45% 45% 55% 60%
Maximum Building Height (in feet) 35 ft 35 ft 35 ft 35 ft 45 ft 45 ft
Maximum Density 1 du/acre 3.5 du/acre 4.75 du/acre 5 du/acre 6 du/acre 8 du/acre
Minimum Lot Size (in square feet) 43,560 sf 12,000 sf 9,000 sf 18,000sf - triplex;
12,000 sf - duplex; 6,000 sf - single-family detached dwelling;
5,000 sf - fee simple townhomes
2 acres min/20 acres max. 4 acres min/25 acres max
Minimum Lot Frontage (in feet) 100 ft; 80 ft cul-du sac 80 ft; 65 ft cul-du-sac 70 ft; 60 ft cul-du-sac 45 ft - single-family; 25ft - townhomes;
100 ft - duplexes and triplexes
100 ft 100 ft
Minimum Street Setback (arterial) (feet) 30 ft 30 ft 25 ft 20 ft 50 ft 50 ft
Minimum Street Setback (other) (feet) 20 ft 20 ft 15 ft 20 ft 40 ft 40 ft
Interior Setback (feet) 15 ft 10 ft 10 ft 5 ft 25 ft 25 ft
Rear Setback (feet) 40 ft 30 ft 20 ft 10 ft 40 ft 40 ft

 

TABLE 73-35.B—REQUIRED NON-RESIDENTIAL DIMENSIONAL STANDARDS

Non-Residential C-1 C-2 OP LI HI
Maximum Impervious Surface Ratio (ISR, as percent of lot area) 80% 80% 70% 80% 80%
Maximum Building Height (in feet) 40 ft 50 ft 35 ft 50 ft 50 ft
Minimum Lot Size (in square feet) 5,000 sf; 0.5 FAR 30,000 sf; 0.5 FAR 15,000 sf; 0.5 FAR 20,000 sf; 0.5 FAR 40,000 sf; 0.5 FAR
Minimum Lot Frontage (in feet) 35 ft 100 ft 70 ft 100 ft 150 ft
Minimum Street Setback (arterial) (feet) 10 ft (3 feet within the Acworth Downtown Historic District) 45 ft 40 ft 40 ft 50 ft
Minimum Street Setback (other) (feet) 10 ft (3 feet within the Acworth Downtown Historic District) 35 ft 30 ft 40 ft 50 ft
Interior Setback (feet) 10 ft 20 ft 15 ft 20 ft 20 ft
Rear Setback (feet) 10 ft (3 feet within the Acworth Downtown Historic District) 40 ft 30 ft 40 ft 50 ft
1. Where a use standard conflicts with the lot standard, the use standard shall govern.
2. Setbacks may differ from the chart based on alternative overlay district standards.

 

(Ord. No. 2024-03, § 1, 2-1-2024; Ord. No. 2024-09, § 1, 8-1-2024)

Sec. 73-36. - Permitted height and setback projections.

(a)

Permitted Obstructions. Setbacks shall be unobstructed and unoccupied from the ground to the sky except as expressly allowed in Table 73-36.

(b)

Height requirements exceptions In all but single-family residential districts, height limitations stated in this Chapter shall not apply to:

(1)

Farm structures, belfries, cupolas and domes, monuments, chimneys, or smokestacks;

(2)

Bulkheads, elevator penthouses, water tanks and heating and air conditioning units, provided that such structures shall not cover more than 25 percent of the total roof area of the building on which such structures are located.

(c)

Required Site Visibility. Notwithstanding any other provision of this article, fences, walls, hedges, driveways, and any structure required as part of a buffer, may be permitted in any required setback or along the boundary of any yard, provided that no fence, wall, hedge, or buffer structure along the streets abutting any corner lots shall obstruct corner visibility.

(d)

Features allowed to encroach in required setbacks. Building and site features are allowed to obstruct or encroach into required setbacks to the extent indicated in the following table. If no distance is specified, the feature is allowed to extend to the applicable property line(s):

TABLE 73-36—OBSTRUCTION/PROJECTION INTO REQUIRED YARD

Obstruction/Projection into Required Setback Street Side Rear
Air conditioning units No Yes Yes
Arbors and trellises Yes Yes Yes
Awnings, canopies, light shelves, and architecturally integrated solar shading devices projecting no more than three (3) feet into the setback Yes Yes Yes
Bay windows that project no more three (3) feet into the setback Yes Yes Yes
Chimneys and flues that project up to three (3) feet into the setback Yes Yes Yes
Clotheslines No No Yes
Decks, patios, and other features and structures less than 30 inches in height above grade Yes Yes Yes
Eaves and gutters that project up to three (3) feet into the setback Yes Yes Yes
Electric vehicle charging stations Yes Yes Yes
Fences and walls Yes Yes Yes
Fire escapes that project up to three (3) feet into the setback Yes Yes Yes
Flagpoles and similar features Yes Yes Yes
Geothermal heat pumps and geothermal heat exchange system equipment up to four (4) feet in height above grade No Yes Yes
Green houses and hoop houses No Yes Yes
Plants and cold frames Yes Yes Yes
Recreational equipment (e.g., swing sets and playground equipment), up to 10 feet from property line No Yes Yes
Satellite dish antennas, not exceeding one (1) meter (39.37 inches) in diameter Yes Yes Yes
Satellite dish antennas, over one (1) meter but not exceeding 2.4 meters (94.49 inches) in diameter No No Yes
Sills, belt courses, cornices, buttresses, and similar architectural features that project up to three (3) feet into the setback Yes Yes Yes
Solar or wind energy systems No Yes Yes
Swimming pools and tennis courts in accordance with supplemental regulations No No Yes
Water collection cisterns that project no more than three (3) feet into a front or side setback Yes Yes Yes
Wheelchair lifts and ramps that meet federal, state and local accessibility standards Yes Yes Yes

 

(Ord. No. 2024-03, § 1, 2-1-2024)