Sec. 9-1-1. Preamble.

Sec. 9-1-2. Purpose.

Sec. 9-1-3. Short title.

Sec. 9-1-4. Enactment and effect.

Sec. 9-1-5. Repealer.

Sec. 9-1-6. Severability.

Sec. 9-1-7. Effective date.

Sec. 9-3-1. Compliance required.

Sec. 9-3-2. Classification of districts.

Sec. 9-3-3. Official zoning map.

Sec. 9-3-4. District boundaries.

Sec. 9-3-5. Digital mapping.

Sec. 9-3-6. Changes to map; located in clerk's office; clerk to be final authority.

Sec. 9-3-7. Replacement of official zoning map.

Sec. 9-4-1. Purpose.

Sec. 9-4-2. Types of procedures.

Sec. 9-4-3. Type I procedure—General provisions.

Sec. 9-4-4. Type II procedure—General provisions.

Sec. 9-4-5. Type III procedure—General provisions.

Sec. 9-4-6. Type IV procedure—General provisions.

Sec. 9-4-7. Staff permit procedures—General provisions.

Sec. 9-4-8. Appeals.

Sec. 9-4-9. Public notice.

Sec. 9-4-10. Administrative hearings.

Sec. 9-4-11. Resubmittal of applications.

Sec. 9-4-12. Limited withdrawal of amendment after hearing.

Sec. 9-4-13. Conditional zoning procedure.

Sec. 9-4-14. Final dates of zoning decisions.

Sec. 9-4-15. Applications and deadlines.

Sec. 9-4-16. Fees.

Sec. 9-4-17. Ordinance interpretations.

Sec. 9-4-18. Similar uses.

Sec. 9-5-1. Purpose.

Sec. 9-5-2. Permitted uses.

Sec. 9-5-3. General regulations.

Sec. 9-5-4. Conservation subdivision.

Sec. 9-5-5. Subdivision of a single lot.

Sec. 9-5-6. Density bonus.

Sec. 9-5-7. Large lot residential subdivision.

Sec. 9-6-1. Purpose.

Sec. 9-6-2. Permitted uses.

Sec. 9-6-3. General regulations.

Sec. 9-6-4. Institutional uses—Parking.

Sec. 9-6-5. Developments of community significance.

Sec. 9-6-6. Design standards.

Sec. 9-6-7. Institutional (IN) development approval procedure.

Sec. 9-7-1. Purpose.

Sec. 9-7-2. Permitted uses.

Sec. 9-7-3. General regulations.

Sec. 9-7-4. Density.

Sec. 9-7-5. Design for individual ownership of units required.

Sec. 9-7-6. Open space.

Sec. 9-7-7. Grading and retaining walls.

Sec. 9-8-1. Purpose.

Sec. 9-8-2. Permitted uses.

Sec. 9-8-3. General regulations.

Sec. 9-8-4. Reserved.

Sec. 9-8-5. Reserved.

Sec. 9-8-6. Special yards—Distance between buildings.

Sec. 9-8-7. Outdoor recreation space.

Sec. 9-9-1. Purpose.

Sec. 9-9-2. Reserved.

Sec. 9-10-1. Purpose.

Sec. 9-10-2. Permitted uses.

Sec. 9-10-3. General regulations.

Sec. 9-10-4. Downtown district—Required Parking.

Sec. 9-10-5. Developments of community significance.

Sec. 9-10-6. Design standards for "C-D" zone.

Sec. 9-12-1. Purpose and intent.

Sec. 9-12-2. General standards.

Sec. 9-12-3. Creation of special district overlay.

Sec. 9-12-4. Relationship to Athens-Clarke County Historic Preservation Ordinance.

Sec. 9-12-5. Mixed Density Residential—Limited (RM-LTD) Special District Overlay.

Sec. 9-12-6. Gaines School Road Corridor Special District Overlay (GSRC).

Sec. 9-12-7. Milledge Avenue Corridor Special District Overlay.

Sec. 9-12-8. West Broad Street Special District Overlay.

Sec. 9-12A-1. Purpose.

Sec. 9-12A-2. Boundaries and Applicability.

Sec. 9-12A-3. Special District Overlay Amendment and Boundary Alteration Procedure—General provisions.

Sec. 9-12A-4. Development Concept Review Submittals.

Sec. 9-12A-5. Permit Application Requirements.

Sec. 9-12A-6. Applicability.

Sec. 9-12A-7. Application and Permitting Procedure for Development Sites located in two or more jurisdictions.

Sec. 9-12A-8. Definitions.

Sec. 9-12A-9. Permitted uses.

Sec. 9-12A-10. General regulations.

Sec. 9-12A-11. Screening and Buffering.

Appendix A: Definitions

Sec. 9-12A-12. Definitions.

Appendix B: Environmental Areas Protection and Review

Sec. 9-12A-13. Environmental Areas Protection and Review.

Sec. 9-14-1. Intent

Sec. 9-14-2. General provisions

Sec. 9-14-3. "PD" approval procedures.

Sec. 9-14-4. Reserved.

Sec. 9-14-5. Elderly Residential Multifamily (ERM) Planned Developments.

Sec. 9-14A-1. Purposes.

Sec. 9-14A-2. Applicable land use districts.

Sec. 9-14A-3. Minimum subdivision acreage in the AR zone.

Sec. 9-14A-4. Authority of health department.

Sec. 9-14A-5. Approval procedure.

Sec. 9-14A-6. Pre-planning site visit.

Sec. 9-14A-7. Pre-planning site conference.

Sec. 9-14A-8. Sketch plan.

Sec. 9-14A-9. (Optional) Health department review of sketch plan.

Sec. 9-14A-10. Density determination.

Sec. 9-14A-11. Conceptual plans.

Sec. 9-14A-12. Conservation subdivision development and design standards.

Sec. 9-14A-13. Open space.

Sec. 9-14A-14. Sanitary sewer service provisions.

Sec. 9-14A-15. Homeowner's association.

Sec. 9-14A-16. Applicability.

Sec. 9-14A-17. Violation.

Sec. 9-16-1. Purpose.

Sec. 9-16-2. General provisions.

Sec. 9-16-3. Procedure for approval.

Sec. 9-16-4. Setback requirements.

Sec. 9-16-5. Design standards.

Sec. 9-16-6. Manufactured housing standards.

Sec. 9-16-7. Roadway, parking and sidewalk standards.

Sec. 9-16-8. Non-conforming manufactured housing developments.

Sec. 9-16-9. Special conditions.

Sec. 9-17-1. Generally.

Sec. 9-18-1. Definitions.

Sec. 9-18-2. Purpose.

Sec. 9-18-3. Registration required.

Sec. 9-18-4. Exclusions.

Sec. 9-18-5. Placement by zoning district.

Sec. 9-18-6. General provisions.

Sec. 9-18-7. Procedures for special use permits.

Sec. 9-18-8. Administrative procedures for tower and antenna building permit.

Sec. 9-18-9. Annual operating permit required.

Sec. 9-18-10. Pre-existing towers/nonconforming uses/structures.

Sec. 9-18-11. Expiration of permits.

Sec. 9-18-12. Coordination with federal law.

Sec. 9-18-13. Appeals.

Sec. 9-18-14. Severability.

Sec. 9-19-1. Purpose.

Sec. 9-19-2. Definitions.

Sec. 9-19-3. Applicability.

Sec. 9-19-4. Outdoor lighting standards.

Sec. 9-19-5. Variances.

Sec. 9-19-6. Compliance and other remedies.

Sec. 9-20-1. Special use permits generally.

Sec. 9-20-2. Reserved.

Sec. 9-20-3. Procedure.

Sec. 9-20-4. Plan requirements.

Sec. 9-20-5. Action by the mayor and commission.

Sec. 9-20-6. Conditions.

Sec. 9-20-7. Revocation; abandonment.

Sec. 9-21-1. Variances—Purpose.

Sec. 9-21-2. Application.

Sec. 9-21-3. Variances—Standards.

Sec. 9-22-1. Zoning permits.

Sec. 9-22-2. Maintenance of minimum requirements.

Sec. 9-22-3. Revocation—Permit expiration.

Sec. 9-22-4. Duties of officer.

Sec. 9-22-5. Interpretation.

Sec. 9-22-6. Violations—Nuisance.

Sec. 9-22-7. Conditions of approval.

Sec. 9-22-8. Penalties.

Sec. 9-22-9. Complaints.

Sec. 9-25-1. Purpose and intent.

Sec. 9-25-2. Application.

Sec. 9-25-3. Approval process.

Sec. 9-25-4. Plans required.

Sec. 9-25-5. Transportation impact analysis required.

Sec. 9-25-6. Storm water management impact analysis.

Sec. 9-25-7. Criteria for approval.

Sec. 9-25-8. Site design standards.

Sec. 9-25-9. Power to amend plans.

Sec. 9-25-10. Site use standards.

Sec. 9-25-11. Drive-through uses.

Sec. 9-25-12. Reserved.

Sec. 9-25-13. Landscaping maintenance.

Sec. 9-25-14. Reserved.

This article establishes comprehensive zoning regulations for Athens-Clarke County, Georgia.

(Ord. of 12-5-2000, § 1)

Pursuant to the 1983 Constitution of the State of Georgia, Article IX, Section II, Paragraph IV, the mayor and commission of Athens-Clarke County hereby enact into law the following zoning ordinance of Athens-Clarke County, Georgia, for the purposes of promoting the health, safety and general welfare of the present and future inhabitants of Athens-Clarke County, Georgia; improving Athens-Clarke County's appearance; lessening congestion in the streets; furthering traffic safety; securing safety from fire, panic and other dangers; providing adequate light and air; preventing the overcrowding of land; avoiding both undue concentration of population and urban sprawl; facilitating the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; protecting property against blight and depreciation; encouraging the most appropriate use of land, buildings and other structures throughout Athens-Clarke County; securing economy in government expenditures; and for other purposes, all in accordance with the adopted Comprehensive Plan, dated June 1999, as amended July 2008, and as amended from time to time, pursuant to the Official Code of Georgia, Title 36, Chapter 70, Article I.

In recognition of the changing needs and dynamic economy of a growing community, the mayor and commission of Athens-Clarke County finds that periodic updates of this zoning ordinance will be necessary to maintain a proper relationship between the provisions of the article and various community plans. In order to fulfill the above-stated purposes to the best of its abilities, the Athens-Clarke County Commission commits not only to the enforcement of this zoning ordinance, but to its maintenance and updating as the community's normal planning and review process may dictate.

(Ord. of 12-5-2000, § 1; Ord. of 11-7-2012, § 1)

This article shall be known as "The Zoning Ordinance of Athens-Clarke County, Georgia."

A.

This title, and its provisions, shall apply to all applications received on or after its effective date. Any application received prior to its effective date shall be processed under the provisions of any ordinances in effect on the date that the application was received and deemed complete. However, for any application pending at the time of the effective date of this title, the Athens-Clarke County Planning Director will change the zoning classification applied for to the most appropriate zoning classification under the new ordinance based on a comparison of the permitted uses associated with the two zoning classifications.

B.

Structure permit. Nothing contained in this title shall require any change in plans, construction, alteration, or designated use of a structure for which a complete application for a building permit has been filed with the appropriate Athens-Clarke County authorities prior to the effective date of this title.

C.

Any preliminary plat for a subdivision approved prior to the effective date of this title will be null and void 18 months following the effective date of this title, unless approval of a final plat for any portion of the subdivision is secured.

D.

Any planned development approved prior to the effective date of this title will be subject to prompt rezoning by Athens-Clarke County two years following the effective date of this title pursuant to section 9-14-4. Athens-Clarke County will make application to rezone the subject property to the underlying zoning classification of the planned development or to another appropriate zoning classification, unless a building permit has been obtained for any portion of the approved planned development.

E.

The conditions for approval of any rezoning, variance, or conditional use approved by the commission under any prior ordinance shall remain in full force and effect and enforceable under the procedures of this title.

(Ord. of 12-5-2000, § 1; Ord. of 11-6-2002, § 1)

Upon the effective date of this title, that certain ordinance known as "The Zoning Ordinance of Athens-Clarke County, Georgia," 1992, as amended, shall be expressly repealed. There is expressly saved from repeal the following:

A.

Except for the zoning classifications provided for therein, all binding zoning master site plans, binding zoning master plan reports and binding conditions of zoning associated with all planned developments existing prior to the date of adoption of this title and indicated on the official zoning map;

B.

Except for the zoning classifications provided for therein, all binding site plans, binding written reports and binding conditions of zoning associated with conditional uses existing prior to the date of adoption of this title and indicated on the official zoning map;

C.

Except for the zoning classifications provided for therein, all binding conditions of zoning contained in ordinances rezoning certain parcels of land existing prior to the adoption of this title and indicated on the official zoning map;

D.

The "Protected Environmental Areas" ordinance, chapter 8-6;

E.

The "Soil Erosion and Sedimentation Control" ordinance, chapter 8-3 of the Athens-Clarke County Code;

F.

The "Floodplain Protection" ordinance, chapter 8-2 of the Athens-Clarke County Code;

G.

All chapters in title 7 ("Buildings and Construction") of the Athens-Clarke County Code; and

H.

The "Stormwater Management Ordinance," chapter 5-4 of the Athens-Clarke County Code.

Except as expressly repealed or expressly saved from repeal herein, all ordinances and parts thereof in conflict with this title are hereby repealed.

(Ord. of 12-5-2000, § 1)

In the event any one or more of the provisions of this title shall for any reason be held to be illegal or invalid by a court of competent jurisdiction, it is the intention of the mayor and commission of Athens-Clarke County that such illegality or invalidity shall not affect any other provision hereof, but this title shall be construed and enforced as if such illegal or invalid provision had not been contained herein.

(Ord. of 12-5-2000, § 1)

This title shall become effective after adoption upon signature by the mayor pursuant to the provisions of the Charter of Athens-Clarke County section 2-204.

(Ord. of 12-5-2000, § 1)

For the purpose of this title, those certain words and terms defined herein shall be defined and interpreted as follows. All other words and terms not expressly defined herein shall have their general meaning, as interpreted by the planning director. Appeals of staff interpretations of this title shall be heard as a Type IV Procedure.

Acceleration/deceleration: One or more paved traffic lanes traversing the frontage of a property for the purpose of allowing traffic to accelerate or decelerate outside of higher speed traffic lanes.

Access: The ability and right to enter a property.

Accessory dwelling unit: A detached residential unit, other than a Class "A" or Class "B" manufactured home, designed for one family only. The structure must be accessory and subordinate to a single-family dwelling (see definition of "dwelling, single-family"), and conform to the standards for the district in which it is located.

Accessory structure: A structure on the same lot with, and of a size and nature customarily incidental and subordinate to, the principal structure. Examples of accessory structures include, but are not limited to, the following: detached garages and/or carports; storage structures and/or barns; freestanding greenhouses; aboveground swimming pools and pool houses; tennis courts; satellite dish antennas; freestanding workshops; freestanding decks and gazebos; radio and/or TV antenna structures not attached to the principal structure; paved areas other than driveways and walkways; and property identification signs not associated with or attached to a mailbox.

Accessory use: A use on the same lot with, and of a nature customarily incidental and subordinate to, the principal use.

Active recreation space: A common area designated on the final plans of a development that is set aside for leisure activities that are usually formal in nature and intended for group participation. Such activities typically require equipment and take place at prescribed places, sites, or fields, including, but not limited to, swimming pools, tennis, volleyball, and basketball courts, and baseball, soccer, or other playing fields. Areas with slopes greater than five percent, wetlands, stormwater detention areas, and/or dense vegetation are not suitable for use as active recreation areas.

Advertising sign (billboard): Any structure or portion thereof on which lettered, figured, or pictorial matter is displayed for advertising purposes, except for the name and occupation of the user of the premises or the products primarily sold or manufactured on the premises or noncommercial messages, and having an area of 100 square feet or more. Any signboard carrying a message excepted in this definition which also carries extraneous advertising of 100 square feet or more shall be considered a billboard.

Agricultural structures: Structures intended primarily or exclusively for support of an agricultural function, and exemplified by, but not restricted to, barns, silos, water towers, windmills, greenhouses.

Agriculture: The production, raising, breeding or maintenance of plants and animals including, but not limited to: forage and sod crops; grain and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, or goats, game animals, exotics, fish, and any mutations or hybrids thereof, including the breeding and grazing of any or all such species; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts, and berries; vegetables; nurseries; florals; ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program. This does not include the commercial slaughter of poultry, livestock, or other animals. Nothing herein shall preclude any person from growing, maintaining or harvesting trees, fruits, vegetables, or florals or other ornamental plants, or the keeping of bees or fish, or the keeping of chickens in accordance with the provisions of Section 9-15-25 as accessory uses to a permitted principal use and for only non-commercial purposes on property in a zoning district in which agriculture is prohibited.

Alley: A narrow street, 20 feet or less in width, through a block primarily for vehicular service access to the back or side of properties otherwise abutting on another street.

Alter: To modify or change, generally without creating something entirely different.

Apartment, studio or efficiency: One room which is designed or intended for occupancy by, or which is occupied by, one family doing its cooking therein or by one or more related persons doing their or their own cooking therein. For zoning purposes, a studio or efficiency apartment shall be regarded as a dwelling unit and a structure containing three or more such apartments shall be regarded as a multiple dwelling.

Architectural projection: Eaves, decorative extensions, bay windows having no floor space, or other portions of a structure having no living space nor key structural value.

Athens-Clarke County: The Unified Government of Athens-Clarke County.

Athens-Clarke County Facility: A public service or facility provided, owned and controlled by Athens-Clarke County.

Attached single-family: See "dwelling, single-family attached."

Auto wrecking yards: See "junk yards, salvage yards, and auto wrecking yards."

Automobile and RV sales: A structure and/or lot dedicated to the retail sale of new or used motor vehicles.

Bakery: A place for baking or selling baked goods.

Bar: An establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to, taverns, nightclubs, cocktail lounges, and cabarets.

Basal area: The combined cross-sectional area of the trunks of all trees on an acre at 4.5 feet above the ground.

Basic utilities: Infrastructure services and the structures necessary to provide those services including electricity, natural gas, telephone, water, or sewer. The gross area of these services and associated structures shall not exceed 5,000 square feet. Telecommunications towers, or any structure associated with the operation of a telecommunications tower, are not included under this definition.

Battery exchange station: A facility where an electric vehicle with a swappable battery can enter and exchange its depleted battery with a fully charged battery through a fully automated process.

Bed and breakfast facilities: A detached dwelling in which only individual rooms or suites are rented to transient guests on an overnight basis. No more than 15 bedrooms may be rented on an overnight basis and no more than 30 guests are allowed at one time. Meals may be served only to overnight guests. Additionally, such facilities must meet the criteria outlined in this title.

Bedroom: Any room other than a living room, family room, dining room, kitchen, bathroom, closets, or utility room, for the purpose of this title, shall be considered a bedroom. Dens, studies, etc. with or without closets and similar areas which may be used as bedrooms shall be counted as bedrooms for the purposes of this title.

Block: The land surrounded by streets and other right-of-way other than an alley, or land which is designated as a block on any recorded subdivision map.

Board: The hearings board of Athens-Clarke County, Georgia.

Boarding house or rooming house: Any residential structure, supervised or not, used as living and sleeping arrangements for more than four unrelated individuals and up to 15. To be a boarding house or rooming house, it is usually intended for individuals to reside in the residential structure for more than 30 consecutive days and/or for the residents of the residential structure to be students of the same educational institution (e.g., college, university, or boarding school), to work for the same employer, or to have some other similar common relationship to an institution or organization. Residents may share the common areas of the home and provision for meals may be made, provided cooking is done in a central kitchen and not in individual rooms or suites. For purposes of zoning, a rooming and boarding house shall not be a fraternity or sorority house. If the accommodations are for more than 15 persons, see "dormitory." The landlord shall not provide supervision of person, supervision of medications, assistance with activities of daily living, or nursing services. Otherwise, the home would fall under the requirements for a personal care home or community living arrangement and require a permit by the State of Georgia.

Bottling plant: A manufacturing facility for the bottling of liquids such as water, soft drinks, wine, beer, etc.

Breezeway: A roofed passageway for the purpose of connecting the principal structure to another building or structure.

Broadcasting or production studios: A structure designed for making and transmitting programs for radio or television or for the production/editing of films, videos, commercials, etc.

Buildable area: The portion of a lot remaining and available for construction of a structure or related facilities after required setbacks, yards, and buffers have been provided. Buildable area cannot contain any setback areas, easements, and similar building restrictions, and cannot contain any land that is identified as floodplain areas, riparian buffer areas, except as otherwise provided in this title.

Building envelope: An area within the property boundaries of a lot or space within which a permitted manufactured housing or structure can be placed.

Building official: The official appointed by the Athens-Clarke County Manager and charged with the responsibility of permit and certificate of occupancy issuance.

Business or trade school: A secondary school offering instruction in a professional, vocational, or technical field.

Business sign: An identification sign containing the name of the business or other accessory information located on the same premises.

Caretaker quarters: A dwelling unit which houses an individual or family who is employed by the primary user of the property to guard and protect the property and structure(s) from fire, vandalism, theft, etc. Such structure is not to be used for dwelling purposes other than as a caretaker unit.

Carport: A partially enclosed structure used for the housing of motor vehicles, the property of, and for use only by the occupants of the lot upon which such structure is located. For purposes of zoning, a carport attached to a principal structure shall be regarded as part of that principal structure and not as an accessory structure. A detached carport shall be classified as an accessory structure.

Cemetery: Place or area set apart for interment of the dead; includes not only lots for depositing remains of the deceased, but also pedestrian and vehicular thoroughfares, landscaping, and structures associated with the operation and maintenance of the cemetery.

Certificate of occupancy: A permit issued by the building official indicating that a structure has been constructed in accordance with all codes and that the structure or land is in conformity with provisions of this title or that there has been a legal variance granted as provided by this title.

Church: A structure consecrated to the honor of God or other supreme being or beings for religious purposes; or an assembly of persons united by the profession of the same religious faith, meeting together routinely for religious worship.

Clustering: The process of arranging the total number of residential units permitted on a given property onto 50 percent or less of the gross area of the property.

College or university: An institution of higher learning providing facilities for teaching and research and authorized to grant academic degrees.

Commercial or commercial use: Any activity involving the sale of goods or services for profit.

Commercial incinerator: Establishments primarily engaged in the collection and disposal of refuse by processing or destruction for profit. Examples would be furnaces or similar devices for the burning to ash of trash.

Commercial outdoor recreation: Outdoor commercial uses which by their nature are recreational such as golf courses, driving ranges, miniature golf courses, outdoor swimming pools, tennis courts, basketball courts, and recreational camps.

Commercial parking lots: An area devoted to the standing, maneuvering, and circulation of motor vehicles in commercial areas.

Commission: The mayor and commission of Athens-Clarke County, Georgia.

Community garden: A principal use of a parcel of land involving the cultivation and harvesting of food crops and/or non-food ornamental crops, such as flowers, by an organized neighborhood or non-profit group for personal use, consumption, donation or occasional sale, and meeting the standards outlined in section 9-15 of this title.

Community service: A structure or group of structures for a community's governmental, social, educational, and/or recreational activities. Community service facilities include federal, state, county, and local government activities.

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 development stipulated by the Athens-Clarke County Commission to mitigate adverse impacts that could be expected without the imposition of such conditions.

Condominium: A type of ownership of attached or detached dwelling units, offices, or other space within a structure, as defined by the provisions of Title 44, Chapter 3, Article III, of the Official Code of Georgia Annotated (O.C.G.A. § 44-3-70 et seq.) in which each unit is independently owned and financed by the occupant but in which all lands are commonly owned.

Conservation subdivision: Subdivision of more than two lots in which a minimum of 50 percent of the acreage is retained as "open space" and the remaining 50 percent or less is subdivided into individual lots.

Construction materials sales: A business involved in the sale of structure supplies and services including lumber, plywood, drywall, siding, windows, molding, cabinets, insulation, etc.

Convenience store: A retail store with a floor area of less than 2,500 square feet that sells groceries and may also sell gasoline and/or provide electric vehicle charging stations; does not include automotive service stations or vehicle repair shops. Any retail store that exceeds 2,500 square feet and also sells gasoline shall be considered as a "quick vehicle servicing" use as defined in this chapter.

Corner lot: See "lot, corner."

Coverage, lot or site: Total area of all structures, paved driveways, or other soil disturbances that will not allow normal water infiltration. The coverage is expressed as a percentage of such area in relation to the total gross area of the lot or site. Landscaping shall not be deemed part of the lot or site coverage.

Critical root zone: The circular area above and below the ground around the trunk of a tree with a radius equivalent to the distance to the dripline, or 1.5 feet for every inch in trunk diameter at 4.5 feet above the ground, whichever is greater.

Day care: A public or private facility operated for the supervision and care of three or more unrelated individuals less than 24 hours per day, without transfer of legal custody, whose parents or guardians do not reside at the place of business.

Dead storage: The storage of unused or seldom used items in a warehouse or other similar location for an indefinite period of time, not associated with a manufacturing or production process.

Decibel (dB): The physical unit commonly used to measure noise levels; the unit of level such as the sound pressure level.

Deed restrictions/private covenants: Private stipulations usually pertaining to residential subdivisions which govern lot size, minimum floor area, uses permitted and, in some instances, architectural design. These may be stricter than provisions included in this title.

Dense evergreen foliage: A large quantity of vegetation per unit of area which retains its leaves throughout the year and of such opacity as to block one's vision through it.

Density: The quantity of an item per unit area; for example, the number of dwelling units per gross area or, for certain multi-family uses within this title, the number of bedrooms in a multi-family dwelling per gross area.

Depot: A structure or portion thereof used to receive, organize, and distribute merchandise. May also contain storage of materials that are flammable or explosive or that present hazards or conditions commonly recognized as offensive. A depot can be a specified structure for storing specified products or materials for a later use, such as a storage tank or grain elevator.

Diameter breast height (dbh): The outside diameter of the trunk of a tree, measured four and one-half feet above ground level.

Disc antenna: A device incorporating a reflective surface that is solid, open mesh, or bar configured and is the shape of a shallow dish, cone, horn, or cornucopia. Such devices may be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition includes, but is not limited to, satellite earth stations and microwave antennas.

Distribution center: A structure or a portion thereof used as the center for goods or materials as they change mode of transport that do not directly ship to consumers.

District: An area, region, or section with a distinguishing character; i.e., a zoning district.

Dormitory: A building or space in a building in which group sleeping accommodations are provided for more than 15 unrelated persons in one room or a series of closely associated rooms under joint occupancy and single management, with or without meals, but without individual cooking facilities. To be a dormitory, it is usually intended for individuals to reside in the building for more than 30 consecutive days and/or for the residents of the building to be students of the same educational institution (e.g., college, university, or boarding school), to work for the same employer, or to have some other similar common relationship to an institution or organization. If the accommodations are for fewer than 15 persons, see "boarding house and rooming house."

Double frontage lot: See "lot, double frontage."

Drainage systems: Physical provisions to accommodate and regulate stormwater runoff to preclude excessive erosion and sedimentation and to control and regulate the rate of flow.

Dripline: A line extending down to the ground from the greatest horizontal extent of a tree's branches, more or less forming a circle around the tree.

Drive-through use: A facility or structure that is designed to allow drivers to remain in their vehicles before and during an activity on the site. Drive-through facilities are a type of site development that is usually found in conjunction with a quick vehicle servicing use or other retail sales and service use. Examples include, but are not limited to, drive-through windows, menu boards, car wash facilities, and quick lube or quick oil change facilities.

Driveway: An access way serving a single dwelling unit or parcel of land, and no greater than 50 feet travel distance in length. A flag drive serving a flag lot shall not be a driveway. Single dwelling or parcel accesses greater than 50 feet in length shall be considered as a flag drive, and subject to all of the development requirements thereof.

Driving surface: A paved access capable of supporting up to 44,000 pounds gross vehicle weight. Surface to be of minimum width as required by ordinance. Width shall be increased on turns where necessary to ensure fire apparatus remain on a paved surface during travel.

Drug rehabilitation center or other facility for treatment of drug dependency: A structure or land used for therapy or rehabilitation for substance-dependent individuals.

Duplex: See "dwelling, two-family."

Dwelling: A structure or portion thereof which is designed or used exclusively for residential purposes, including single-family, two-family, multifamily dwellings, rooming and boardinghouses, fraternities, sororities, dormitories, manufactured homes, and modular dwellings, but not including hotels or motels.

Dwelling loft: A residential unit located on the second floor or higher of a structure whose first and primary use is nonresidential. A loft shall contain no more than two units and shall be treated as a multifamily unit for purposes of parking and minimum floor area.

Dwelling, manufactured home: A structure transportable in one or more sections that is built on a permanent chassis and designed to be used as a dwelling unit with or without permanent foundation when connected to the required utilities and has plumbing, heating, air conditioning, and electrical systems contained therein. When a manufactured home is erected in a manufactured housing park, it may be a Class "A" or "B" manufactured home but when erected on any other site it must be a Class "A" manufactured home.

Dwelling, manufactured home, "Class A": A dwelling unit fabricated in an off-site facility for installation or assembly at the structure site, bearing a label certifying it is constructed in compliance with the National Manufactured Housing Construction and Safety Standards and meeting other development standards outlined in this title.

Dwelling, manufactured home, "Class B": A dwelling unit fabricated in an off-site facility for installation or assembly at the structure site, bearing a label certifying it is constructed in compliance with Federal Manufactured Home Construction and Safety Standards, but does not satisfy the criteria necessary to qualify the house as a Class "A" manufactured home.

Dwelling, modular: A modular home is a factory-fabricated, transportable structure consisting of units designated to be incorporated at a structure site on a permanent foundation into a structure to be used for residential purposes. For purposes of this title, a modular home is permitted anywhere a detached single-family structure is permitted.

Dwelling, multifamily: A structure or portion thereof providing complete independent living facilities for three or more dwelling units, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

Dwelling, single-family: An attached or detached residential unit other than a Class "A" or Class "B" manufactured home, hotel or motel, located on a single lot functioning as the only residential unit and designed for and occupied by one family only.

Dwelling, single-family attached: A single family dwelling attached to at least one other single family dwelling by a common vertical wall functioning as the property line, with each dwelling located on a separate lot.

Dwelling, townhouse: A type of dwelling that is one or more stories in height which has outside, individual front and rear entrances, is separated from other dwellings by fire-rated common walls extending from the foundation to the roof decking, and is part of a contiguous group of at least three but not more than ten such townhouses, and shall be considered a multifamily structure.

Dwelling, townhouse, fee simple: A townhouse unit, as defined above, that has the common wall or walls between it and the adjoining townhouse unit or units as its property line, that has individual meters for all utilities, that has access to a public street, and meets the standards outlined in this title.

Dwelling, two-family: A detached residential structure containing two dwelling units, designed for occupancy by not more than two families living independent of each other.

Dwelling unit: One room, or rooms connected together, constituting a separate, independent housekeeping establishment, containing independent cooking, sleeping and toilet facilities and which are physically separated from any other dwelling units which may be in the same structure.

Easement: A grant of the right to use a strip of land for specific purposes.

Electric vehicle charging station: A public or private parking space that is served by electric vehicle supply equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery in an electric vehicle.

Elementary school: A school established for grades 1-5 but that may also include a kindergarten.

Equestrian facilities: A structure or area for horseback riding activities including boarding, training, lessons, and shows.

Fabricating: The process of assembling using standardized parts.

Family: Two or more persons residing in a single dwelling unit where all members are related by blood, marriage, or adoption up to the second degree of consanguinity, or by foster care. For the purposes of this definition, "consanguinity" means only the following persons are related within the second degree of consanguinity: Husbands and wives, parents and children, grandparents and grandchildren, brothers and sisters, aunts and uncles, nephews and nieces, and first cousins. For the purposes of this definition, a person shall be considered to reside in a dwelling unit if he or she stays overnight in a dwelling unit for more than 30 days within a 90-day period. The term "family" does not include any organization or institutional group. For regulations see section 9-15-18.

Any nonconforming use created by the adoption of this definition of "family" which was a legal use at the time of adoption shall be permitted to continue through July 31, 2002. After which date, the use of such dwelling shall be in compliance herewith. Any use established prior to or subsequent to the adoption of this definition of "family," which use did violate and continues to violate the standards of this chapter, is illegal, not nonconforming, and shall be handled in accordance with section 9-22-8 (Enforcement—Penalties).

Family day care homes: A place in which care is given in a family home for three to six children, which number would include the operator's own preschool age children, for more than four hours and less than 24 hours per day. Outdoor play area shall be enclosed on all sides to a height of at least four feet by a fence. The principal structure of such use shall meet yard requirements (setbacks, lot size) in the district in which it is located.

Fast food restaurant: A drive-through restaurant serving food from an ordering counter. Food can either be consumed on or off of the premises.

Fence height: The height of a fence measured from the finish grade to the highest point of the fence structure.

Fence, semi-open: A fence that is 40 to 80 percent permeable to light and air when viewed perpendicular to the plane of the fence.

Flag lot: See "lot, flag."

Floor area: The floor area is the gross horizontal area of the one or more floors of a structure, excluding interior parking spaces. Residential floor space shall be exclusive of carport, basement, attic, patios and open porches. Same as "gross leasable floor space."

Floor area ratio (FAR): The ratio which is the result of dividing the total floor area of a structure by the area of the lot on which it is located. For example, a structure with a floor area of 20,000 square feet, located on a lot of 40,000 square feet has a floor area ratio (FAR) of 0.5.

Food processing facilities: Industrial operations in which raw food is made suitable for consumption, cooking or storage. Such facilities include commercial slaughterhouses for poultry, livestock, or other animals, and egg farms.

Forested area: An area which contains more than 100 trees of greater than six inches dbh per acre, and which is more than 70 percent covered in tree canopy at full leaf-out.

Forested buffer: An area that is characterized by the dense growth of mature evergreen or deciduous trees. The density of this growth is such that views through the buffer area are obscured by the trees and/or understory growth.

Fraternity or sorority: Establishments chartered by national, state or local organizations and affiliated currently or in the past with an educational or other institutions to which they relate. Such establishments provide social and recreational facilities primarily for members (with visits by alumni) and may provide lodging and meals. For regulatory purposes, student centers operated under the auspices of church, other charitable institutions, or other student organizations shall be construed to fall under the same zoning controls as fraternities and sororities.

Frequency: Number of complete oscillations or cycles per unit of time. The unit of frequency often used is the hertz (Hz).

Front lot line: See "lot line, front."

Front yard: See "yard, front."

Fulfillment center: A structure or a portion thereof that serves as a center for logistics processes. Goods and products in this structure typically are removed after an order has been fulfilled from a customer for a specific good or product. This fulfillment typically is based upon an individual's retail transaction.

Future development map: That certain land use plan as described in Section 8-1-4 of the Code of Athens-Clarke County, Georgia. For the purposes of this title, this phrase is intended to be synonymous with the phrase "Future Land Use Map" as found in the rules and regulations of the Georgia Department of Community Affairs, Chapter 110-12-1 of the Official Compilation of the Rules and Regulations of the State of Georgia.

Future street right-of-way: Proposed or potential rights-of-way that need protection from future development so as to allow the widening of a road without destroying the principle structure or use of the property. The widths of such future rights-of-way shall be determined by either the transportation plan or an approved right-of-way plan. If not indicated on either one, widths shall be determined by the table listed within each zoning classification.

Garage, private: A structure for the private use of the owner or occupant of a principle structure for the storage of motor vehicles with no facilities for mechanical service or repair of a commercial or public nature.

Garage sale: A temporary activity conducted on the premises of a private residence for the purpose of disposal of goods or belongings of the residents of the dwelling. Such activity shall have a duration of not more than two days, nor shall it occur more than twice within any 365-day period. Such activity shall not be accompanied by any off-premises signage. For the purposes of this title, "garage sales" shall not be considered a commercial activity.

General business: Commercial uses providing a wide range of retail goods and services to meet the needs of a large segment of the community.

Grade or ground level: The average of the finished ground level at the center of all walls of the structure. In case a wall is parallel to and within five feet of a sidewalk, the ground level shall be measured at the sidewalk.

Gravel pit: An open land area where sand, gravel, and/or rock fragment are mined or excavated for sale or off-site use. Gravel pit includes sifting, crushing, and washing as part of the primary operation. To excavate the rock, blasting also may be necessary.

Grocery store: A retail store that sells food, beverages, and other household implements and supplies, but does not sell gasoline.

Gross acreage: The total acreage of a lot prior to making site improvements.

Gross leasable floor space: The floor area is the gross horizontal area of the one or more floors of a structure, excluding interior parking spaces. Residential floor space shall be exclusive of carport, basement, attic, patios and open porches. Same as "floor area."

Ground coverage: The area of a lot occupied by all structures and parking expressed as a percentage of the gross area of the lot. Driveways should not be included in the percent coverage but parking pads or areas, porches, decks, patios, pools, tennis courts, sheds, walkways and other accessory uses shall be included.

Ground level: See "grade or ground level."

Group home: See definition of "personal care home."

Guest house: Accessory structure to a single-family dwelling provided there are no kitchen cooking facilities in the guesthouse.

Half street: See "street, half."

Halfway house: A group facility occupied and used for the business purpose of providing transitional offender rehabilitation or similar purposes, whether for profit or nonprofit, and whether or not required to have a state or federal permit, provided that the majority of the residents shall meet one of the following criteria:

(1)

On parole or probation, or has been ordered to reside in such type of facility as a condition of parole or probation; or

(2)

Has been convicted of a felony and has completed his or her sentence; or

(3)

Has been convicted of a criminal offense and has been ordered to reside in such type of facility as part of the criminal sentencing.

Heavy manufacturing: Uses engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage of or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions that include, but are not limited to, smoke, steam, noise, soot, dirt, vibration, odor, or any other by-product of the manufacturing process that is known to be detrimental to the human or natural environment. These activities may involve outdoor operations as part of their manufacturing process. Heavy manufacturing uses include, but are not limited to, storage of petroleum products, concrete or cement fabrication where raw materials and finished products are stored outside, pulpwood processing, asphalt manufacturing, landfills, recycling processes, outdoor storage of solid waste, and other uses similar in nature.

Height of structure: See "structure, height of."

Heritage trees: Trees greater than 150 years of age as determined by planting or other records or an arborist's or forester's opinion. In general, the following size specifications apply when identifying heritage trees: trees greater than 18 inches in diameter for small-sized trees, 24 inches in diameter for medium-sized trees, and 36 inches in diameter for large trees. Heritage trees may also be those of an unusual or exceptional species, form, or character; trees that are part of an historic or neighborhood-wide planting project that affect the greater landscape beyond the property on which they grow; or tree associated with an historic event, person, or community landmark.

Hertz: Unit of frequency equal to one cycle per second.

High school: A school established for grades 9—12 or 10—12.

Home occupation: An occupation commonly carried on within a residential dwelling by the residents occupying the dwelling, secondary to the residential use, and subject to the requirements of this title.

Homeowners' association: A homeowners' association is an organization formed for the maintenance and operation of the common areas of the development. The membership in the association must be automatic with the purchase of a dwelling unit or other property in the planned development. The association's principal source of funds shall be an assessment levied against each dwelling unit or other property, which assessment shall be enforceable as a lien against the property.

Horticulture: The cultivation of row crops, a garden, or an orchard for noncommercial purposes.

Hospital: An establishment which provides sleeping and eating facilities to persons receiving medical, obstetrical, or surgical care and nursing service on a continuous basis.

Hostel: Any establishment having beds rented or kept for rent on a daily basis to travelers for a charge or fee paid or to be paid for rental or use of facilities and which are operated, managed or maintained under the sponsorship of a non-profit organization which holds a valid exemption from federal income taxes under the Internal Revenue Code of 1954, as amended.

Hotel: A facility offering transient lodging accommodations to the general public at a daily rate or weekly rate for a period of continuous guest occupancy not to exceed 30 days, and providing additional services, such as restaurants, meeting rooms, and recreational facilities. Guest quarters are accessible through a main entrance and by hallways.

Indoor recreation: Indoor commercial uses which by their nature are recreational. Examples include bowling alleys, skating rinks, health clubs, racquetball courts, indoor swimming pools, video arcades, pool halls, etc.

Industrial or industrial use: An activity related to the manufacture, production or storage of products to be transported elsewhere for retail sale.

Inoperative vehicle: Any motorized vehicle incapable of immediately being driven.

Institutional or institutional use: A non-profit or quasi-public use, such as a religious institution, private school, hospital, medical center, nursing home, cemetery, as well as the ancillary uses directly affiliated with these institutional uses.

Interior lot: See "lot, interior."

Intermediate care facilities: A convalescent home or other recuperative facility for use by persons subsequent to hospital confinement, who are not yet ready to resume home life.

Junk yards, salvage yards, and auto wrecking yards: A place where waste, discarded or salvaged metals, structure materials, paper, textiles, used plumbing fixtures, used vehicles or equipment in inoperative condition, or similar items are bought, sold, exchanged or stored, baled or cleaned.

Kennels: Facility for the boarding (overnight) of domestic animals, usually limited to dogs and cats. Breeding and training of dogs and cats and the sale to the public of puppies and kittens is classified as a kennel activity.

Land disturbing activity: Alteration of the land surface by:

(1)

Any grading, scraping, excavating, dredging, transporting or filling of land;

(2)

Any clearing of vegetation;

(3)

Any construction, rebuilding, or alteration of a building, road, driveway, parking area, or other structure, not including routine maintenance such as painting, repair, or reconstruction of existing structures or surfaces;

(4)

Any substantial activity or use which may result in soil erosion from water or wind and the movement of sediments into waters or lands protected by this title;

(5)

It shall not include activities such as ordinary maintenance and landscaping operations, individual home gardens, repairs, additions or minor modifications of an existing single-family dwelling, and the cutting of firewood for personal use.

Land use plan: The Future Land Use Map adopted by the Athens-Clarke County Commission in conjunction with the Athens-Clarke County Comprehensive Plan. For purposes of this title, this phrase is intended to be synonymous with the phrase "future development map."

Landscaping: A planted area containing trees, shrubs, and groundcovers providing a transition between structures on a site and the property line, adjacent structures, and/or street rights-of-way.

Laundry facilities: A commercial laundering establishment which cleans clothing, carpeting, drapes, and other cloth or synthetic fiber materials using a chemical process. Such establishments may also include self-service laundering facilities.

Light manufacturing: Enterprises primarily engaged in the processing, manufacturing, compounding, assembly, packaging, treatment, or fabrication of materials and products, from processed or previously manufactured materials, or materials fully encapsulated in a sealed container, including but not limited to, jars, cans, drums, or other container of a similar nature, to be stored inside. Light manufacturing is capable of operation in such manner as to control the external effects of the manufacturing process that is known to be detrimental to the human or natural environment. Light manufacturing uses include, but are not limited to, machine shops, manufacturing of apparel, electrical appliances, electronic equipment and computer components, camera and photographic equipment, ceramic products, cosmetic and toiletries, business machines, food, paper products (excluding the manufacture of paper from pulpwood), medical appliances, tools or hardware, plastic products (excluding the processing of raw materials), pharmaceutical or optical goods, and any other product of a similar nature.

Livestock: Establishments that are primarily engaged in the fattening of livestock in a confined area for at least 30 days, either for their purposes or on a fee or contractual basis for the expressed purpose of slaughter, sale or increasing the value of the livestock. Poultry facilities and egg producing facilities shall be included in this definition.

Loading space, off-street: Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, design standards for which are contained in this title.

Lot: A unit of land created by a subdivision, which complies with all applicable laws at the time such lots were created.

Lot area: The total horizontal area within the lot lines of a lot, said area to be exclusive of street right-of-way.

Lot, corner: A lot abutting the intersection of two or more streets other than an alley.

Lot depth: The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line except on flag lots, where the depth shall be measured at the midpoint of the main body of the lot and does not include the pole or access portion.

Lot, double frontage: A lot having frontage on two nonintersecting streets, as distinguished from a corner lot.

Lot, flag: Any lot not having standard legal access to an Athens-Clarke County street, and which is provided with access by a driveway parallel to the lot line of a lot having standard access.

Lot frontage: That portion of a lot adjacent to a street.

Lot, interior: A lot other than a corner lot or a through lot.

Lot line: A boundary of a lot. "Lot line" is synonymous with "property line."

Lot line, front: In the case of an interior lot, the lot line separating the lot from the street other than an alley. A corner lot shall have one street line considered the front lot line. The narrower street frontage shall be the front lot line except when the planning director determines topographical or access problems make such a designation impractical.

Lot line, rear: A lot line which is opposite and most distant from the front lot line, and in the case of an irregular, triangular, or other shaped lot, a line ten feet in length within the lot parallel to and at a maximum distance from the front lot line.

Lot line, side: Any lot line not a front or rear lot line.

Lot of record: An individual lot or a lot which is a part of a subdivision, the map of which has been legally recorded in the office of the clerk of the superior court of Athens-Clarke County, Georgia; or a parcel of land the deed of which has been recorded in the office of the clerk of the superior court of Athens-Clarke County.

Lot, reversed corner: A corner lot, the side street line of which is substantially a continuation of the front line of the first lot to its rear.

Lot, through: An interior lot having frontage on two parallel or approximately parallel streets other than alleys. Such a lot shall have one front yard fronting on the primary public street.

Lot width: The horizontal distance between the side lot lines, ordinarily measured parallel to the front lot line. The lot width shall be measured beginning at the front lot line, except for lots entirely fronting turnaround areas of cul-de-sacs, where the lot width shall be measured at the minimum required front setback line.

Major event entertainment: A structure or area with a capacity of greater than 1,000 seats for public performances and sporting events. Major event entertainment facilities include movie theaters, concert halls, stadiums, and arenas.

Manufacture of non-odiferous foods: Industrial operations for the manufacturing of non-odiferous foods.

Manufactured home: See "dwelling, manufactured home."

Manufactured home development: A tract of land that is used, designated, maintained, or held out for rent to accommodate four or more manufactured homes. Manufactured homes located in a manufactured home park are used only to provide living, cooking, and sleeping accommodations; a manufactured home park does not include an automobile or manufactured home sales lot on which unoccupied manufactured homes are parked for inspection or sale.

Map: A diagram or drawing of a partition or subdivision or any other land use or land development matter.

Mechanical equipment: Equipment or devices installed for a use appurtenant to the primary use. Such equipment shall include heating and air conditioning equipment, solar collectors, parabolic antennas, disc antenna, radio or TV receiving or transmitting antennas, and any power generating devices. The following equipment or devices are exempt:

(1)

Private, non-commercial radio and television antennas not exceeding a height of 70 feet above grade or 30 feet above an existing structure, whichever height is greater. No part of such antenna shall be within the yards required by this chapter. A structure permit shall be required for any antenna mast, or tower over 50 feet above grade or 30 feet above an existing structure when the same is constructed on the roof of the structure.

(2)

Parabolic antennas under three feet in diameter.

Medical center: A walk-in facility for medical, obstetrical, or surgical care limited to day use only.

Middle school: A school established for grades 6—8 or 6—9.

Mine:

(1)

A cavity in the earth from which minerals and ores are extracted; and

(2)

The act of removing minerals and ores.

Minimum structure separation: A required open space between any two structures on the same lot or adjacent lots which are used for nonresidential and multifamily residential purposes.

Mining: The extraction of minerals or earth products, including solids, such as coal and ores; liquids, such as crude petroleum; and gases, such as natural gases. The term mining includes quarrying; ground-water diversion; soil removal or dredging; milling, such as crushing, screening, washing, and flotation; and other preparation customarily done at the mine site as part of a mining activity.

Modular dwelling: See "dwelling, modular."

Mortuary: A place in which dead bodies are kept until burial.

Motel: A structure or group of structures on the same lot containing individual guest units for rental to transients, with separate exterior entrances, and consisting of individual sleeping quarters, detached or in connected rows, with or without cooking facilities.

Multifamily: See "dwelling, multifamily."

Node: Crossing or convergence of intersecting roadways, concentrations of a particular use in close proximity to one another in a well-defined geographic area, or other significant destination along a given roadway.

Nonconforming use or structure: Any structure or use of land lawful at the time of passage or amendment of this title which does not conform, after the passage or amendment of this title, with the regulations of the district in which it is located.

Nursery: See "day care."

Nursing home: A home for the aged, chronically ill, or incurable persons who are unable to care for themselves and in which three or more persons not of the immediate family are kept or provided with food and shelter or care for compensation; but not including hospitals, clinics, or other similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

Off-street loading space: See "loading space, off-street."

Official map: A map officially adopted by the governing body of Athens-Clarke County, Georgia.

Official zoning map: A map officially adopted by the governing body of Athens-Clarke County that illustrates the various zoning districts of Athens-Clarke County, Georgia.

Open space: A common area designated on the final plans of the development, permanently set aside for the common use of the residents of the development and, if so designated, for the use of the community as a whole. The open space may be landscaped and/or left with natural vegetative cover, and in which area no thoroughfares, parking areas, or improvements other than recreational facilities or specifically permitted underground utilities are located. This definition shall apply to all developments except conservation subdivisions, which shall use the definition for "Open space, conservation subdivision" provided herein and in Chapter 9-14A.

Open space, conservation subdivision: As required in conservation subdivision development, open space is defined as the portion of the conservation subdivision that has been set aside for permanent protection for the common use of the residents of the development and, if so designated, for the use of the community as a whole. The land designated as open space shall be in single ownership, and shall not be divided among any number of the constituent developable lots of the subdivision. Activities within the open space are restricted in perpetuity through the use of an approved legal instrument and are subject to the terms of this chapter. The permitted and prohibited uses, and permanent protection and management, of this open space shall comply with the terms of Chapter 9-14A.

Outdoor storage: The storage of large quantities of materials or products associated with an industry or business, typically outside a structure, in a yard or open lot. Unenclosed, roofed structures may be used.

Parking, principal use: A lot of record devoted to the parking of motor vehicles as its main or primary use. Such use may include electric vehicle charging stations.

Parking space: A rectangle not less than 18 feet long and nine feet wide together with access and maneuvering space sufficient to permit a standard automobile to be parked within the rectangle without the necessity of moving other vehicles, said rectangle to be located off of the street right-of-way.

Parking tandem: Parking spaces that are arranged one behind another. Each parking space shall meet the dimension requirements of a full-size car on a one-way aisle.

Parks and open areas: An area free of structures, parking, paved areas, and other uses, the purpose of which is to provide a balanced relationship between buildable area and lot size. Such area can be utilized for active or passive recreational pursuits or for the enhancement of lot aesthetics. Includes botanical and zoological gardens.

Passive recreation space: A common area designated on the final plans of a development permanently set aside for the use by the residents and/or the public that accommodates activities such as walking, jogging, biking, sitting, picnicking, and any activity that does not require improved structures or formal recreation fields. Areas with slopes greater than 15 percent, wetlands, stormwater detention areas, and/or dense vegetation are not suitable for use as passive recreation areas.

Peak particle velocity: Unit of measurement that identifies, in inches per seconds, the rate of speed in which particles suspended in water are moving.

Pedestrian path: A graded, cleared way for individuals who travel on foot. When located along any improved street or parking area, these paths shall be adjacent to the curb at curb level.

Pedestrian way: A right-of-way for pedestrian traffic.

Permitted use: That use of a lot which is among the uses allowed as a matter of right under the zoning classifications.

Person: An individual, firm, partnership, association, corporation, estate, receiver, syndicate, branch of government, social or fraternal organization, or any other group or combination acting as a legal entity, and including any trustee, assignee, or other representative thereof.

Personal care home: A profit or nonprofit facility, home, or structure for the protective care of two or more persons, who need a watchful environment, but do not have an illness, injury, or disability, which requires chronic or convalescent care, including medical and nursing services. Protective care and watchful oversight includes, but is not limited to, a daily awareness by management of the residents' whereabouts, the asking and reminding of residents of their appointments for medical checkups, the ability and readiness of management to intervene if a crisis arises for a resident, and supervision by management in areas of nutrition, medication, and actual provision of transient medical care, with a 24-hour responsibility for the well-being of residents of the facility. For regulations governing "personal care homes" see section 9-15-19 of this title. Personal care homes shall be classified in one of the following ways:

(1)

Individual: Two to three clients

(2)

Family: Four to six clients

(3)

Group: Seven to 15 clients

(4)

Congregate: Sixteen or more clients

Planned development: A development on land under unified control according to comprehensive plans and a single development plan for uses and structures related to the character of the district with a program for operation and maintenance of common areas.

Planning action: Any action requiring review in accordance with the provisions of section 9-4-2 of this title.

Planning commission: The Athens-Clarke County Planning Commission.

Planning staff: The staff of the Athens-Clarke County Planning Department.

Plat: A diagram, drawing or re-plat containing all the descriptions, locations, specifications, dedications, provisions and information concerning a subdivision.

Prescribed grazing: The application of sheep or goats as a landscape management technique to control invasive or unwanted plant species at a specific location and specific intensity for a defined length of time. For purposes of this section, goats and sheep used for prescribed grazing purposes are not considered to be livestock or agriculture uses.

Principal structure: See "structure, principal."

Printing/publishing: An establishment where printed material is produced, reproduced and/or copied by either a printing press, photographic reproduction techniques, or other similar techniques.

Private access drive: A drive serving as the exclusive access for not more than two landlocked parcels of land, which is not owned or maintained by Athens-Clarke County. Private easements cannot be used to meet the right-of-way requirement.

Private garage: See "garage, private."

Private street: A street which serves several lots over which the general public has no right of use as opposed to a driveway which is meant to serve one lot.

Private way: A private easement or ownership established by deed for vehicular access to property.

Professional services and offices: Offices used for the conduct of business-related activities, excluding the sale of merchandise or storing of merchandise on the premises.

Public street: A street which is owned and/or maintained by Athens-Clarke County.

Quarry: A mine where rock, ore, stone, and similar materials are excavated for sale or for off-site use. Quarry includes rock crushing, asphalt plants, the production of dimension stone, and similar activities.

Quick vehicle servicing: A business providing service to the motoring public. Such uses can include gasoline sales, electric vehicle charging stations, battery exchange stations, light repair, tune-ups, and oil changes to automobiles or light trucks. No overnight outside storage of any automobiles or materials, such as tires, auto parts, etc., is allowable. The sale of motor vehicles shall be prohibited.

Rear lot line: See "lot line, rear."

Rear yard: See "yard, rear."

Recreational vehicle: A motorized vehicle, designed and/or maintained for use as a temporary dwelling or sleeping place for travel or recreation purposes exclusively, having no foundation other than wheels or jacks.

Recreational vehicle park: A parcel of land which is used solely for the rental or lease of lots for transient campers, trailers, motor homes, or temporary parking of any other recreational vehicle that is not a manufactured home.

Reserve strip: A nonpermanent dead-end street intended to be extended in conjunction with the subdivision and development of the adjacent undeveloped land. Also known as a street stub or a street plug.

Residential or residential use: Any activity, as contrasted with commercial and industrial activities, which involves the peaceful, private conduct of pursuits related to the living environment.

Restaurant: An establishment that prepares and serves food to customers at least one meal per day and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food. For the purposes of this title, this definition may include sit-down, fast food, drive-through, and drive-in facilities.

Retail sales and service: A business established for the sale of goods or services to consumers, usually in small quantities (as opposed to wholesale). Gasoline sales are not included is this definition.

Retaining wall: A wall or terraced combination of walls used at a grade to change or hold soil or other earth material at a higher position. Retaining walls may be attached to or independent from other structures, but do not include the foundations of structures or buildings.

Reversed corner lot: See "lot, reversed corner."

Right-of-way: Access over or across a particularly described property for a specific purpose.

Rural events facility: A facility located on land zoned AR (Agricultural Residential) that provides a commercial facility for use by various private groups, not exceeding 300 persons, for meetings, weddings, receptions, and other similar events.

Sales of products grown on-site: Roadside stands or other temporary structures constructed for the sale of agricultural or horticultural products raised substantially on the premises.

Salvage yards: See "junk yards, salvage yards, and auto wrecking yards."

Sand pit: A surface mine or excavation used for the removal of sand, gravel, or fill dirt for sale or for use off-site.

Sanitary landfills: A system of trash and garbage disposal in which the waste is buried between layers of earth.

Satellite earth stations: Are considered to be accessory structures and are defined as a combination of:

(1)

An antenna or dish antenna whose purpose is to receive communication or other signals from orbiting satellites and other extraterrestrial sources;

(2)

A low-noise amplifier (LNA) which is situated at the focal point of the receiving component and whose purpose is to magnify and transfer signals;

(3)

A coaxial cable whose purpose is to carry the signals into the interior of the structure; and

(4)

The station must be located to the side or rear of the structure unless a usable satellite signal cannot be obtained; in which case, the property owner may request a variance from the requirement through the hearings board. Ground-mounted stations shall be no more than ten feet above the maximum height requirement of the district in which they are located.

Science research and development: A facility focused primarily on the business of scientific research and the development of new products, with a limited application in production. The facility accommodates the following, but is not limited to: research facilities; laboratories; clean rooms; offices; prototype production facilities that manufacture a limited amount of a product in order to fully investigate the merits of such product; and, pilot plants used to test manufacturing processes planned for use in productions elsewhere.

Scrap metal processor: One who, from a fixed location, utilizes machinery and equipment for processing and manufacturing iron, steel or nonferrous metallic scrap into prepared grades and whose principal product is scrap iron, scrap steel, or nonferrous metallic scrap for sale for remelting purposes.

Screening: The establishment of an opaque fence or barrier for the purpose of obscuring from sight a use.

Self-service storage: A structure or a portion thereof, where customer access is required, used for dead storage, mainly of the excess personal property or an individual or family, but also of small amounts of goods or merchandise for businesses or individuals.

Semi-public halls, clubs or lodges: A structure or facility owned or operated for special educational or recreational purposes, but not primarily for profit or to render a service that is customarily carried on for gain, not including fraternity or sorority.

Setback line: The minimum required distance from the street right-of-way line or any other property line that the principal structure must observe.

Shopping center: A group of commercial establishments planned, developed, and managed as a unit, related in location, size and type of shops to the trade area that the unit serves, and providing on-site parking.

Short-term rental: An accommodation for transient guests where, in exchange for compensation of any type or amount, a residential dwelling unit is rented or otherwise provided for lodging for any period of time less than 31 consecutive days. Such accommodations are usually, but not exclusively, advertised through websites such as Airbnb.com, Booking.com, Hometogo.com, and VRBO.com. Such accommodations may or may not include an on-site manager. For the purposes of this definition, a residential dwelling unit shall include all housing types (non-exclusive examples of which include homes, duplexes, apartments, condominiums, townhomes, accessory dwelling units, or a room or a portion of any of the foregoing) and shall exclude group personal care homes or other lodging uses which are provided incidental to other services, such as health care. This term may also be abbreviated as "STR" in Title 9 of the Code of Athens-Clarke County, Georgia. Unless otherwise stated, this phrase is intended to encompass both commercial short-term rentals and home occupation short-term rentals, as defined in this section 9-2-1. Unless otherwise expressly permitted in a particular zoning district, an STR shall consist of no more than one individual accommodation per parcel, and is therefore intended to exclude bed and breakfast facilities, hotels, motels, hostels, boarding houses, rooming houses, and dormitories, as all such terms are defined in this section 9-2-1.

Short-term rental, commercial: Any short-term rental (STR) that is rented by a person or entity other than the owner-occupant or the primary resident of the residential dwelling unit and the sole or primary use of the residential dwelling unit is as an STR, standards for which are found in section 9-15-28. For the purposes of Title 9 of the Code of Athens-Clarke County, Georgia, the phrase "dedicated use short-term rental" shall be synonymous with the phrase "commercial short-term rental."

Short-term rental, home occupation: Any short-term rental (STR) which is rented by the owner-occupant or the primary resident of the residential dwelling unit. For the purposes of this definition, a person must apply for and receive a home occupation permit (and comply with all requirements of the permit) to have a home occupation short-term rental. As it applies to short-term rentals, an "owner-occupant" is a person who is an owner of record of a parcel and occupies the parcel as the person's primary residence.

Side lot line: See "lot line, side."

Side yard: See "yard, side."

Signs: Any device designed to inform or attract the attention of the public.

Single-family dwelling: See "dwelling, single-family."

Sorority house: See "fraternity or sorority house."

Special use: A use which is not automatically permitted by right, but which may be permitted within a zoning district subject to meeting specific conditions contained in this title.

Stable, private: A stable with a capacity of not more than two horses, mules or other draught animals.

Stable, public: A stable, other than a private stable, with a capacity of more than two horses or mules or other draught animals.

Stand inventory: An inventory of trees in a forest stand or woodland to determine their frequency (number of trees) by species and dbh (by two-inch classes); inventory methods may include measuring only a sample (a certain percentage of the trees) or all trees (100 percent inventory). When only a sample is taken the total number of trees by species and diameter is calculated by expanding the sample data statistically to estimate the total per acre and then multiplying by the number of acres in the stand or woodland.

Stand table: A table summarizing information obtained during a stand inventory regarding the total number of trees in the forest stand or woodland by species, diameter, and basal area. For Athens-Clarke County purposes, a stand table shall be prepared by a registered landscape architect or a registered forester and shall include an estimate of the number of trees by species and by two-inch dbh (diameter at breast height) classes using standard, professionally accepted sampling methods.

State waters: Includes any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the state, which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation.

Story: That portion of a structure included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, the space between the floor and the ceiling above it; provided, that a room, suite, or story with more than one-half of its height below grade shall not be considered a story for the purposes of height regulations.

Street: A public right-of-way for roadway, sidewalk, and utility installation including the terms "road", "highway", "land", "place", "avenue" "alley", or other similar designations. The entire width between the right-of-way lines of every way which provides for public use for the purpose of vehicular and pedestrian traffic. Various classifications of streets shall be defined as follows:

(1)

Arterial: A street which is used as a direct connection between nodes.

(2)

Major collector: A street which carries traffic from activity centers and minor collector streets to arterial streets and streets of higher classification.

(3)

Minor collector: A street which carries traffic from residential collectors and local streets to major collectors and arterial streets.

(4)

Residential collector: Principal entrance streets to subdivisions and the main streets for circulation within a subdivision which serve a network of four or more local streets. Residential collector streets are designed so that traffic circulation in a subdivision would cause such a street to be used as a link between local streets and major collector or arterial streets.

(5)

Local: A street used primarily in residential subdivisions for access to abutting properties as opposed to the collection and dispersion of traffic.

Street, cul-de-sac: A short dead-end street terminated by a vehicle turnaround.

Street, half: A portion of the width of a street, usually along the edge of a subdivision, where the remaining portion of the street could be provided in another subdivision.

Street, marginal access: A minor street parallel and adjacent to a major arterial street providing access to abutting properties but protected from through traffic.

Street frontage. That portion of a lot contiguous to a street.

Structure: Any structure attached to the ground which has a roof and which is designed for the shelter, housing or enclosure of persons, animals or property of any kind. That which is built or constructed; an edifice or structure of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner and which requires location on, in, or above the ground or which is attached to something having a location on, in or above the ground.

Structure envelope: An area, within the property boundaries of a parcel, within which a permitted structure can be placed.

Structure, overall height of: The vertical distance between the proposed average finished grade and the proposed average roof elevation. The average roof elevation shall be measured at the highest point of the coping of a flat roof or the deck line of a mansard roof, or at the midpoint between the highest eave and the highest ridgeline elevations for pitched or hipped roofs. The proposed average finished grade shall be measured as the arithmetic mean of the finished grade elevations taken at each corner of the building footprint. Any height limitation of this title shall not apply to church spires, belfries, cupolas and domes not intended for human habitation, monuments, water towers, silos, chimneys, rooftop mechanical equipment, elevator equipment housing, flag poles, except as may be limited in the "A" Airport overlay zone.

Structure, true elevation height of: The vertical distance between the proposed average finished grade and the highest point of the vertical plane. When used to determine a setback, the architectural elevations facing an associated lot line shall be used to determine the setback from that lot line. The proposed average finished grade associated with the architectural elevation being measured shall be measured as the arithmetic mean of the finished grade elevations taken at each corner of that architectural elevation. Any height limitation of this title shall not apply to church spires, belfries, cupolas and domes not intended for human habitation, monuments, water towers, silos, chimneys, flag poles, except as may be limited in the "A" Airport overlay zone.

Structure line: A line on a plat indicating the limit beyond which structures or structures may not be erected. Similar to building envelope.

Structure, principal: A structure in which is conducted the main or principal use of the lot upon which such structure is situated. Structures which are attached to the principal structure, either directly by complete and heated enclosure or by a breezeway not to exceed 15 feet in length, shall be considered part of the principal structure.

Structural alteration: A change to the supporting members of a structure including foundations, bearing walls or partitions, columns, beams or girders, or the roof.

Subdivide land: To divide an area or tract of land into lots.

Subdivision: An act of subdividing land or a tract of land into lots.

Surface mining: Includes, but is not limited to, any activity consisting all or parts of a process for the removal of minerals, ores, earth products, and other solid matter for sale or for processing or for consumption in the regular operation of a business.

Swale: A broad linear depression, ditch-like, grassed, and designed to carry runoff water.

Temporary structure: A structure without any foundation or footings which is attached to the ground or other structure in some nonpermanent fashion. Temporary structures shall require a permit from the building inspection department and shall be removed from the site when the designated time period, activity, or use for which the temporary structure was established has ceased, but not exceeding 90 days in duration unless an extension is obtained from the building inspection department upon just cause. For the purposes of this title, temporary structures shall not be classified by definition as accessory structures. Temporary structures shall be approved by staff permit, with such conditions as the planning staff deems necessary in light of the standards associated with the underlying zoning.

Temporary special events: A temporary public performance, festival, meeting, sporting event, or similar activity, which is not part of the normal use of the subject property and which is not otherwise permitted on the site.

Temporary use: A short-term, seasonal, or intermittent use. Such use shall be approved by staff permit, with such conditions as the planning staff deems necessary in light of the standards associated with the underlying zoning. Temporary uses are granted for 90 days, with the option for a one-time renewal not to exceed an additional 90 days. This definition shall apply to all temporary uses except "Temporary special events" provided herein.

Terminal (Passenger): A structure or a portion thereof, typically associated with transit, with the primary purpose of transferring people over period of time that are 30 days or less.

Terminal (Materials): A structure or portion thereof that is primarily used for the transfer or discharge of goods from one mode to another. Goods must typically be on location for 30 days or less.

Theaters: A structure, portion of a structure, or area devoted to the presentation of motion pictures, concerts, dramatic, dance, musical, or other live performances.

Through lot: See "lot, through."

Townhouse: See "dwelling, townhouse."

Townhouse, fee simple: See "dwelling, townhouse, fee simple."

Tract of land: A unit, or contiguous units, of land under single ownership.

Trailer: A non-motorized vehicle, pulled by an automobile or truck designed and/or maintained for use as a temporary dwelling or sleeping place for travel or recreation purposes exclusively.

Transfer station: A temporary storage facility for the consolidation and eventual transfer of solid waste to a landfill.

Truck: A tractor, semi-trailer, or tractor-trailer combination unit or trailer having a weight greater than ten (10) tons. Trucks are defined per the guidelines established in section 3-3-19 of this Code.

Two-family dwelling: See "dwelling, two-family."

Unbuildable area: All areas outside of building envelopes and within open space.

Unified government: The Unified Government of Athens-Clarke County, Georgia.

Use: The purpose or purposes for which land or a structure is designed, arranged, or intended, or to which such land or structure is occupied, maintained, or leased.

Utility substation: Facility incorporating minor buildings or fencing relating to power transmission, natural gas, telephone, telecommunications, water, or sewer that are located outside of the right-of-way. Equipment that is located off the right-of-way but that is self-contained (e.g., pad-mounted transformers, cross-boxes, etc.) is not included in this definition, and is allowed in any district and exempt from any requirements listed in chapter 9-17.

Variance: A variance is a relaxation of the terms of this title where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the title would result in unnecessary and undue hardship, and practical difficulties.

Vehicle repair: A business providing vehicle repair and body work to the motoring public. Overnight outside storage of automobiles and materials, such as tires, auto parts, etc., is allowable if not visible from a street and not located either in a front yard or in a side yard abutting a street.

Veterinary clinic: Facility for the temporary boarding and treatment of domestic animals, operated under the supervision of a licensed veterinarian.

Village green: An open space area available for unstructured recreation that is fronted on the majority of its sides by structures or roadways. Landscaping in such areas shall consist primarily of open lawn with trees and landscape beds arranged at the perimeter. Paved pedestrian facilities may be provided along the perimeter of the area, with limited axial pedestrian facilities crossing the area.

Vision clearance area: A triangular area on a lot at the intersection of two streets or a street and a railroad, two sides of which are lot lines measured from the corner intersection of the lot lines for a distance specified in these regulations. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the lot lines or intersections have rounded corners, the lot lines will be extended in a straight line to a point of intersection.

Warehouse: A structure or a portion thereof used for the long-term and/or dead storage of goods, products, cargo, and materials.

Wholesale nurseries: An area where plants are grown for transplanting, for use as stocks for budding and grafting, or for sale in large quantities for resale purposes.

Wholesale sales: A business engaged in the sale of goods in large quantities for resale purposes.

Wholesale storage: The long-term storage of large quantities of goods and merchandise that is manufactured off-premises for later shipment to retail or wholesale distributors.

Wildlife corridor: A strip of wildlife habitat of variable width and length that connects two larger parcels of wildlife habitat.

Wildlife habitat: The arrangement of food, water, shelter, or cover, and space suitable to animal's needs.

Yard: A required open space located on the same lot as the principal structure, unoccupied and unobstructed except for accessory uses and landscaping.

Yard, front: A yard extended across the full width of and situated between the front lot line and the principal structure line projected to the side lines of the lot, the depth of which shall be the least horizontal distance between the front lot line and the structure line.

Yard, rear: A yard extending across the full width of the lot between the rearmost line of the principal structure projected to the side lines of the lot and the rear lot line, the depth of which shall be the least horizontal distance between the rear line of the principal structure and the rear lot line. In all cases, the rear yard shall be at the opposite end of the lot from the front yard.

Yard, side: A yard between the principal structure and the side lot line, extending from the front yard to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line to the principal structure. A corner lot shall have one front yard and one side yard.

Zoning: The power of local governments to provide within their respective territorial boundaries for the zoning or districting of property for various uses and the prohibition of other or different uses within such zones or districts and for the regulation of development and the improvement of real estate within such zones or districts in accordance with the uses of property for which such zones or districts were established.

Zoning enforcement officer: The individual designated by the Athens-Clarke County Manager whose duty it shall be to enforce the provisions of this title.

Zoning permit: A permit issued by planning staff stating that a structure has been constructed in accordance with the zoning ordinance and that use of a structure and/or land is in conformity with provisions of this title or that there has been a legal variance granted as provided by this title.

(Ord. of 12-5-2000, § 1; Ord. of 3-6-2001, §§ 1, 2; Ord. of 6-5-2001, § 1; Ord. of 6-5-2001, § 1; Ord. of 6-5-2001, § 9; Ord. of 9-4-2001, § 1; Ord. of 5-7-2002, § 1; Ord. of 9-3-2002, § 1; Ord. of 7-1-2003; Ord. of 10-7-2003, § 1; Ord. of 12-2-2003, § 1; Ord. of 12-2-2003, § 1; Ord. of 12-2-2003, § 1; Ord. of 10-5-2004, § 1; Ord. of 8-1-2006, § 1; Ord. of 8-1-2006, § 1; Ord. of 2-6-2007, § 1; Ord. of 7-1 2008, § 1; Ord. of 2-3-2009, § 1; Ord. of 4-7-2009, § 1; Ord. of 5-5-2009, § 1; Ord. of 12-7-2010, § 1; Ord. of 4-5-2011, § 1; Ord. of 10-2-2012, § 1; Ord. of 12-4-2012, § 1; Ord. of 2-5-2013, § 1; Ord. of 2-5-2013, § 1; Ord. of 10-1-2013, §§ 1—3; Ord. of 2-4-2014, § 1; Ord. of 6-3-2014, § 1; Ord. of 3-3-2015, § 1; Ord. of 5-5-2015(1), § 1; Ord. of 8-2-2016(2), § 1; Ord. of 2-7-2017(2), §§ 1, 2; Ord. of 7-5-2017(3), § 1; Ord. of 12-5-2017(2), § 1; Ord. of 7-3-2018(2), §§ 2, 3; Ord. of 7-3-2018(3), §§ 1, 2; Ord. of 8-7-2018(2), § 1; Ord. of 2-2-2021(1), § 1; Ord. of 12-12-2022(3), §§ 1, 2; Ord. of 2-6-2024(3), § 2; Ord. of 12-5-2023(4), § 1)

No structure or lot shall hereafter be used or occupied, and no structure or part thereof shall be created, moved, reconstructed, extended, enlarged, or altered, contrary to the provisions of this title.

(Ord. of 12-5-2000, § 1)

For the purpose of this title, Athens-Clarke County is divided into zoning districts designated as follows:

(Ord. of 12-5-2000, § 1; Ord. of 6-5-2001, § 1; Ord. of 6-5-2001, § 2; Ord. of 10-7-2003, §§ 2, 3; Ord. of 4-6-2010, § 1; Ord. of 9-4-2012, § 1; Ord. of 2-5-2019(2), § 1)

A.

The following maps are adopted contemporaneously with the text of this title and shall be considered an integral part of this title:

1.

The location and boundaries of the districts designated in Section 9-3-2 and the design areas for the C-D district designated in section 9-10-6 are established as shown on the map entitled the "Official Zoning Map of Athens-Clarke County" (hereinafter referred to as the "zoning map"), dated as of the adoption date of this ordinance, February 6, 2024, and signed by the Athens-Clarke County Mayor and Clerk of Commission, with the following certification: "This is to certify that this is the Official Zoning Map referred to in the Zoning Ordinance of Athens-Clarke County, Georgia. Pursuant to section 9-3-7 of such ordinance, this map supersedes the Official Zoning Map adopted July 2, 2019 and certified July 9, 2019." Said map is made a part of this title by reference and incorporation as if fully set forth herein.

2.

Future Development Map, adopted on July 3, 2018, as an integral component of the Athens-Clarke County Comprehensive Plan, and signed by the Athens-Clarke County Mayor and Clerk of Commission, with the following certification: "This is to certify that this is the Official Future Land Use Map of Athens-Clarke County referred to and incorporated in the Zoning Ordinance of Athens-Clarke County, Georgia." This map supersedes the Official Future Development Map adopted February 4, 2014, and certified February 6, 2014. Said map is made a part of the Athens-Clarke County Comprehensive Plan by reference herein and a part of Title 9 of the Code of Athens-Clarke County by reference and incorporation as if fully set forth herein.

B.

The signed originals of said maps shall be maintained on file in the office of the clerk of the Athens-Clarke County Commission and, by reference, are made a part of this title as if fully incorporated herein.

C.

Exemplified copies of said maps may also be maintained in the office of the Athens-Clarke County Planning Department for public inspection. Distribution copies shall be available for sale in the planning department at such cost as from time to time established by resolution of the Athens-Clarke County Commission.

(Ord. of 12-5-2000, § 1; Ord. of 9-2-2003, § 2; Ord. of 2-7-2006, § 3; Ord. of 2-7-2006, § 3; Ord. of 6-5-2007, § 2; Ord. of 7-1-2008, § 2; Ord. of 5-5-2009, § 3; Ord. of 2-2-2010, § 2; Ord. of 4-6-2010, § 11; Ord. of 9-4-2012, § 3; Ord. of 12-4-2012, § 1; Ord. of 12-4-2012, § 2; Ord. of 2-4-2014, § 1; Ord. of 2-4-2014, § 2; Ord. of 7-3-2018(2), § 4; Ord. of 7-2-2019(3), § 1; Ord. of 2-6-2024(1), § 1)

When uncertainty exists with respect to the location of the boundaries of any zoning district in Athens-Clarke County, Georgia, the following rules shall apply:

A.

Where a zoning district boundary line is shown as approximately following the Athens-Clarke County line; a corporate limits line; a militia district line; a lot line; the centerline of a street, a public road, a state highway, an interstate highway; or a railroad right-of-way or such lines extended, then such lines shall be construed to be the zoning district boundary line. Where a zoning district boundary line is shown as following the right-of-way boundary of an existing or abandoned street, public road, state highway, interstate highway, or railroad, the existing or abandoned centerlines of such rights-of-way shall be construed as the zoning district boundary line. In those cases where only a portion of a right-of-way has been abandoned, the new centerline of the remaining right-of-way shall be construed as the zoning district boundary line.

B.

Where a zoning district boundary line is shown as being set back from a street or a railroad right-of-way, and approximately parallel thereto, then such zoning district boundary line shall be construed as being the noted distance, or failing such a note, the scaled distance from the centerline of the street or railroad right-of-way and as being parallel thereto.

C.

Where a zoning district boundary line divides a lot, the location of the line shall be the noted distance, or failing such a note, the scaled distance from the lot lines. If a district boundary divides a lot into two districts, the entire lot shall be placed in the district that accounts for the greater area of the lot by the adjustment of the district boundary, provided the boundary adjustment is for a distance not to exceed 20 feet.

D.

Where zoning district boundaries are in doubt, the planning department staff shall identify such boundaries using the appropriate scale from the official zoning map.

E.

In those cases where only a portion of a lot is within a zoning district, required setbacks shall be measured from the property line and not the zoning district boundary.

F.

Whenever a zoning district boundary line divides a structure, the use of the entire structure shall either be those uses permitted in the less intensive district, or if more than 50 percent of the heated area of the structure and lot are located in the more intensive district and has its street frontage and access located in the more intensive district, the entire structure may be used for any use permitted in the more intensive district. This clause only applies to the use of the structure and not the surrounding property. The use of the surrounding property or expansion of the structure must follow the requirements of the district in which it is located. In addition, the heated floor space of such structure cannot be increased (if less than 50 percent of the structure is located in the more intensive district) so as to increase the percentage of the structure located in the more intensive district above 50 percent. If a structure is more than 50 percent located in the more intensive district, expansion of the structure for nonresidential use may only occur in the more intensive district. If such structure is used for any nonresidential use, front, rear, and side yard buffer requirements are applicable with the necessary buffer/screening requirements situated on the property lines and not the zoning boundary. Lot coverage, whether residential or nonresidential, may be calculated using the entire area of the lot; however, no development from the more intensive district can occur within the less intensive district. Lots split by a zoning boundary which do not involve a structure are restricted to the uses and standards outlined in each district. Lots involving structures that are split by a zoning boundary which do not have at least 50 percent of the heated floor space of the structure in the more intensive zoning classification are not eligible for any extensions and must abide by the regulations of the two districts.

(Ord. of 12-5-2000, § 1; Ord. of 6-6-2006, § 1)

Digital maps, created through the use of geographic information system technology, containing registration points recorded on the Georgia State Plane Coordinate System of 1985, as amended, may be used in the administration and enforcement of this title, but shall not replace the paper originals of official maps required by this title, as referenced in section 9-3-3.

(Ord. of 12-5-2000, § 1)

A.

If, in accord with the provisions of this title, changes are made in district boundaries portrayed on the official zoning map, the date of such changes shall be promptly noted on the official zoning map after the amendment has been approved by the mayor and commission of Athens-Clarke County and duly noted in the minutes of the commission meeting.

B.

No changes of any nature shall be made to the official zoning map except in conformity with the procedures set forth in this title.

C.

Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map shall at all times be located in the office of the clerk of Athens-Clarke County Commission, and the clerk shall be the final authority as to the current zoning status of Athens-Clarke County.

(Ord. of 12-5-2000, § 1)

In the event that the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the mayor and commission of Athens-Clarke County may by ordinance adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the official zoning map, except in accordance with the procedures of this title.

(Ord. of 12-5-2000, § 1)

The purpose of this chapter shall be to establish procedures for the decision making process of all zoning decisions and the administration of the zoning ordinance in Athens-Clarke County.

(Ord. of 12-5-2000, § 1)

All zoning or planning actions shall be subject to processing by one of the five following procedures:

• Type I procedure: Requiring action by the Athens-Clarke County Mayor and Commission.

• Type II procedure: Requiring action by the Athens-Clarke County Mayor and Commission.

• Type III procedure: Requiring action by the planning commission.

• Type IV procedure: Requiring action by the hearings board.

• Staff permit procedure: requiring action by Athens-Clarke County staff.

(Ord. of 12-5-2000, § 1)

A.

The following actions shall follow the Type I procedure:

1.

The adoption of a zoning ordinance;

2.

The adoption of an amendment to the zoning ordinance which changes the text of the zoning ordinance;

3.

The adoption of an amendment to the zoning ordinance which rezones property from one zoning map classification to another, which is not in conformance with the future development map, as established in table 9.4, compatibility matrix; or

4.

The adoption of an amendment to the zoning ordinance which initially zones property to be annexed into the unified government;

5.

The adoption of an amendment to the zoning ordinance, either by changing the text or by rezoning property from one map classification to another, or the grant of a special use permit, which relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency in accordance with the provisions set forth in O.C.G.A. § 36-66-4;

6.

The adoption of an amendment to the Athens-Clarke County Comprehensive Plan; or

7.

The adoption of an amendment to the Official Future Development Map of Athens-Clarke County, adopted under subsection 9-3-3-A2.

8.

Special Uses in the Airport Overlay Zone, to be evaluated under the review criteria established in Section 9-13-4, or rezoning property in the Airport Overlay Zone, which results in an increase of maximum allowed residential density or maximum allowed building height, or a Planned Development application that includes a waiver request of a requirement of Chapter 9-13, not otherwise prohibited as a variance in said Chapter.

9.

Special Uses that are not in conformance with the future development designation of the subject property.

B.

Type I zoning or planning actions—Generally:

1.

Scope—Every Type I application shall address the impact of the proposed change on the following as applicable:

a.

The future development map and its intended outcome, the general plans for the physical development of Athens-Clarke County, and any master plan or portion thereof adopted by the mayor and commission per Section 9-4-3;

b.

The proposed rezoning or special use will not adversely affect the balance of land uses in Athens-Clarke County.

c.

Public facility elements of the comprehensive plan and how the proposed change will affect the provision of the services anticipated in the plan.

d.

The proposed use meets all objective criteria set forth for that use provided in the zoning ordinance and conforms to the purpose and intent of the comprehensive plan and all its elements.

2.

Except for special uses, which are subject to chapter 9-20, actions in subsection 9-4-3 A. shall be further evaluated under the following factors to balance the interest in promoting the public health, safety, morality, or general welfare against the right to the unrestricted use of the property in issue:

a.

The existing land use pattern surrounding the property in issue;

b.

The possible creation of an isolated district unrelated to adjacent and nearby districts;

c.

The population density pattern and possible increase or over-taxing of the load on public facilities, including, but not limited to, schools, utilities, and streets;

d.

The cost of the Unified Government and other governmental entities in providing, improving, increasing or maintaining public utilities, schools, streets and other public safety measures;

e.

The possible impact on the environment, including, but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quantity;

f.

Whether the proposed zoning amendment will be a deterrent to the value or improvement of development of adjacent property in accordance with existing regulations;

g.

Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; provided, however, evidence that the economic value of the property as currently zoned is less than its economic value if rezoned as requested will not alone constitute a significant detriment;

h.

The aesthetic effect of existing and future use of the property as it relates to the surrounding area; and

i.

Whether there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the zoning proposal.

C.

Type I procedure:

1.

Initiation of a Type I action may be made by:

a.

Recommendation of the planning commission or any department of Athens-Clarke County.

b.

Recommendation of the Athens-Clarke County Mayor and Commission.

c.

Application of property owner. In case of an amendment to the zoning ordinance that rezones property from one zoning classification to another, application shall be executed by all property owners, including holders of deeds to secure debt, as recorded in the official records of the superior court of Athens-Clarke County, or their authorized agents.

2.

Unless initiated by one of the bodies in subsections 1.a. or 1.b. above, complete applications must be submitted at least 90 days prior to the first meeting of the planning commission at which the application is to be considered.

3.

If the applicant contends that the current zoning classification of the property in issue constitutes an unconstitutional taking, written notice of such contention, and a written evaluation using the factors set forth in subsection 9-4-3 B. supporting the contention, must be filed with the application; otherwise, the applicant shall be deemed to have waived such contention. Affidavits of fact, appraisals, and related studies shall be filed with the application, in support of applicant's position.

4.

A public hearing shall be held before the planning commission in accordance with its adopted rules of procedure. The planning staff shall present their report, followed by the applicant's presentation. The planning commission shall then entertain comments from other proponents or opponents. The planning commission shall adopt and publish written rules governing its hearing procedures, which shall be available for distribution at the hearing.

5.

Following the public hearing before the planning commission, the planning commission shall make a report of its findings and recommendations on the proposed action. Such report shall be forwarded to the Athens-Clarke County Mayor and Commission within 15 days of the planning commission's final decision on the proposed action. Failure to timely file a report shall create no presumption either in favor or against the proposed action. The recommendation of the planning commission shall be of an advisory nature and not be binding on the mayor and commission of Athens-Clarke County.

6.

Following receipt of the planning commission report, the mayor will set the zoning action on the agenda of the mayor and commission. At the agenda setting session of the mayor and commission preceding the public hearing at the regular business session, the Athens-Clarke County Mayor and Commission shall first hear a summary of the application and relief sought, together with the recommendation of the planning commission, as related by the planning director, or his/her designee. In addition, the applicant(s) or their authorized agent may appear, and answer any questions the mayor and commissioners may have.

7.

At the public hearing, all persons supporting or opposing a proposed rezoning or Special Use may take either one of two different opportunities to address the mayor and commission at the final public hearing on the proposed rezoning or Special Use, as follows:

a.

Proponents shall first present their ten-minute argument and evidence in support of the proposed rezoning, and opponents shall then present their ten-minute argument and evidence in opposition to the proposed rezoning.

b.

Neither side will be required to use all of its ten-minute argument period.

c.

Either side may allocate its ten-minute argument period among any number of speakers, provided that the presentation by all speakers for each side shall not exceed ten minutes per side.

d.

All persons wishing to speak longer than three minutes during one side's ten-minute argument period must register their intent to do so with the clerk of commission not later than the time of the meeting of the mayor and commission at which the final public hearing on the proposed rezoning is to be conducted is first called to order.

e.

In the event that all persons wishing to speak longer than three minutes as a part of one side's ten-minute argument are not able to agree how that side's ten-minute argument period shall be allocated, they shall inform the mayor of their disagreement before either side begins its ten-minute argument, in which event the mayor shall decide and announce the manner in which that side's ten-minute argument period shall be allocated. Any commissioner dissatisfied with the mayor's allocation of that side's ten-minute argument shall have the right to appeal the mayor's allocation decision to the commission before either side begins its ten-minute argument.

f.

After the supporters and opponents of the proposed rezoning or Special Use have concluded their ten-minute arguments, any person who has not yet spoken either for or against the proposed rezoning or Special Use shall be allowed to address the mayor and commission concerning the proposed rezoning or Special Use for no longer than three minutes per person.

8.

After closing the public hearing, the Athens-Clarke County Mayor and Commission may:

a.

Vote to approve both the amendment to the Official Future Development Map of Athens-Clarke County and the rezoning or Special Use with conditions or without conditions; or

b.

Vote to deny the rezoning or Special Use and approve amendment to the Official Future Development Map of Athens-Clarke County; or

c.

Vote to send the rezoning or Special Use back to the planning commission and to approve the amendment to the Official Future Development Map of Athens-Clarke County; or

d.

Vote to deny both the amendment to the Official Future Development Map of Athens-Clarke County and the rezoning or Special Use; or

e.

Hold without action for no more than 40 days; or

f.

Rezone the subject property to the most appropriate zoning classification consistent with the Official Future Development Map of Athens-Clarke County, pursuant to the public notice provisions found in subsection 9-4-9E.3.a.

g.

For zoning ordinance text amendments, the mayor and commission may vote to approve the text amendment, approve the text amendment with conditions or modifications, deny the text amendment, or remand the text amendment to the planning commission with comments from the mayor and commission for the planning commission's consideration. If a text amendment is remanded to the planning commission, it must be placed on the next available regular meeting agenda of the planning commission (in compliance with all applicable procedural requirements of this Code and state law) for the planning commission's consideration. The remanded text amendment, together with the comments from the mayor and commission, must then be considered by the planning commission in accordance with the usual procedures for text amendments.

9.

Approval of all Type I zoning actions shall be by ordinance only.

(Ord. of 12-5-2000, § 1; Ord. of 9-3-2002, § 1; Ord. of 7-1-2008, §§ 3—5; Ord. of 5-5-2009, § 2; Ord. of 2-7-2012, § 1; Ord. of 12-4-2012, § 2; Ord. of 2-3-2015, §§ 1—3; Ord. of 1-4-2022(4), § 1; Ord. of 4-2-2024(2), § 1)

A.

The following actions shall follow the Type II procedure:

1.

The adoption of an amendment to the zoning ordinance which rezones property from one zoning classification to another, which conforms to the Official Future Development Map of Athens-Clarke County, which was adopted under subsection 9-3-3-A2 of this zoning ordinance, as established in table 9-4, compatibility matrix;

2.

Special uses as permitted in this zoning ordinance.

B.

Type II planning actions—Generally:

1.

Actions in subsection 9-4-4 A. may be approved when the following standards are met:

a.

The proposed rezoning or special use conforms to the future development map, the general plans for the physical development of Athens-Clarke County, and any master plan or portion thereof adopted by the mayor and commission; and

b.

The proposed special use meets all objective criteria set forth for that use provided in the zoning ordinance and conforms to the purpose and intent of the comprehensive plan and all its elements; and

c.

Public services, which include physical facilities and staff capacity, exist sufficient to service the proposed rezoning or special use; and

d.

The proposed rezoning or special use will not adversely affect the balance of land uses in Athens-Clarke County.

2.

Except for special uses, which are subject to chapter 9-20, actions in subsection 9-4-4 A. shall be further evaluated under the following factors to balance the interest in promoting the public health, safety, morality, or general welfare against the right to the unrestricted use of the property in issue:

a.

Existing land use pattern surrounding the property in issue;

b.

Possible creation of an isolated district unrelated to adjacent and nearby districts;

c.

Population density pattern and possible increase or over-taxing of the load on public facilities, including, but not limited to, schools, utilities, and streets;

d.

The cost of the Unified Government and other governmental entities in providing, improving, increasing or maintaining public utilities, schools, streets and other public safety measures;

e.

The possible impact on the environment, including, but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quantity;

f.

Whether the proposed zoning amendment will be a deterrent to the value or improvement of development of adjacent property in accordance with existing regulations;

g.

Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; provided, however, evidence that the economic value of the property as currently zoned is less than its economic value if rezoned as requested will not alone constitute a significant detriment;

h.

The aesthetic effect of existing and future use of the property as it relates to the surrounding area; and

i.

Whether there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the zoning proposal.

C.

Type II procedure:

1.

Initiation of a Type II action may be made by:

a.

Recommendation of the planning commission or any department of Athens-Clarke County.

b.

Recommendation of the Athens-Clarke County Mayor and Commission.

c.

Application of property owner. In case of an amendment to the zoning ordinance that rezones property from one zoning classification to another, application shall be executed by all property owners, including holders of deeds to secure debt, as recorded in the official records of Superior Court of Athens-Clarke County, or their authorized agents.

2.

Unless initiated by one of the bodies in subsections 1.a. or 1.b. above, complete applications must be submitted at least 30 days prior to the next regularly scheduled planning commission meeting.

3.

If the applicant contends that the current zoning classification of the property in issue constitutes an unconstitutional taking, written notice of such contention, and a written evaluation using the factors set forth in subsection 9-4-4 B. supporting the contention, must be filed with the application; otherwise, the applicant shall be deemed to have waived such contention. Affidavits of fact, appraisals, and related studies shall be filed with the application, in support of applicant's position. A public hearing shall be held before the planning commission in accordance with its rules of procedure. The applicant shall make its presentation, followed by the staff evaluation. The planning commission shall then entertain comments from other proponents or opponents. Before concluding the hearing, the chair shall recognize the applicant for a brief rebuttal. The planning commission shall adopt and publish written rules governing its hearing procedures, which shall be available for distribution at the hearing.

4.

Following the final decision of the planning commission, the planning commission shall make a written report of its findings and recommendations on the proposed action. Such report shall be forwarded to the Athens-Clarke Mayor and Commission within 15 days of the final decision of the planning commission. Failure to timely file the report shall constitute no presumption in favor of or against the proposal. The recommendation of the planning commission shall be of an advisory nature and not be binding on the mayor and commission of Athens-Clarke County.

5.

Following receipt of the planning commission report, the mayor will set the zoning action on the agenda of the mayor and commission. At the agenda setting session of the mayor and commission preceding the public hearing at the regular business session, the Athens-Clarke County Mayor and Commission shall first hear a summary of the application and relief sought, together with the recommendation of the planning commission, as related by the planning director, or his/her designee. In addition, the applicant(s) or their authorized agent may appear, and answer any questions the mayor and commissioners may have.

6.

The public hearing before the mayor and commission shall be conducted according to the Type I provisions of subsection 9-4-3 C.7.

7.

After closing the public hearing, the Athens-Clarke County Mayor and Commission may approve, approve with conditions, hold without action for no more than 40 days, vote to send the application back to the Planning Commission, deny the application, or rezone the subject property to the most appropriate zoning classification. Voting to send the application back to the Planning Commission can only occur once.

8.

Approval of Type II actions shall be by ordinance only.

(Ord. of 12-5-2000, § 1; Ord. of 8-7-2007, § 1; Ord. of 7-1-2008, § 6, 7; Ord. of 2-3-2015, § 4)

A.

The following actions shall follow the Type III procedure:

1.

Review concept plans;

2.

Appeals of staff permit for preliminary plat for subdivisions of five or more lots;

3.

Appeals of Type IV decisions;

4.

Other actions specifically permitted in this title as Type III.

B.

Type III procedure.

1.

Complete applications must be submitted at least 40 days prior to the next regularly scheduled planning commission meeting.

2.

An administrative hearing shall be held before the planning commission in accordance with the requirements of section 9-4-10, and for appeals, section 9-4-8. At such hearing, after receipt of evidence, the planning commission may approve; approve with conditions; deny the request; or for appeals, remand to the hearings board for further development of the record. The planning commission may also continue the public hearing to a time certain to allow for the submittal of additional information for consideration in the decision. At the public hearing, the date, time, and location for the continuance of the public hearing shall be announced. After such announcement, no additional public notice or advertisement shall be required.

3.

The decision of the planning commission shall be in writing and shall contain findings and conclusions based upon the criteria found in this Title. A decision may be appealed to the Athens-Clarke County Mayor and Commission pursuant to the provisions of section 9-4-8.

(Ord. of 12-5-2000, § 1; Ord. of 6-5-2001, § 1; Ord. of 6-6-2023(6), § 1, eff. 7-1-2023)

A.

The following actions shall follow the Type IV procedure:

1.

All variances not subject to the staff review process;

2.

Reserved.

3.

Reserved.

4.

Any appeal of a staff decision or interpretation;

5.

All actions specifically permitted in this title as Type IV.

B.

Type IV procedure:

1.

Complete applications must be submitted at least 40 days prior to the next regularly scheduled planning commission meeting.

2.

On the assigned date, an administrative hearing will be conducted by the hearings board in accordance with the procedures set forth in section 9-4-10.

a.

The hearings board shall make a written report containing findings and conclusions based upon the applicable criteria found in chapter 9-21 (variances) and other applicable regulations found in this title.

b.

The hearings board's report shall be rendered within five business days after the administrative hearing, with proposed conditions of approval attached as appropriate. The hearings board shall make written findings and conclusions for each action requested.

(Ord. of 12-5-2000, § 1; Ord. of 6-5-2001, § 2; Ord. of 4-5-2005, § 1; Ord. of 2-7-2006, § 1; Ord. of 2-3-2009, § 1; Ord. of 6-6-2023(7), § 1, eff. 7-1-2023)

A.

The following actions shall follow the staff permit procedure:

1.

Administrative waivers to the following design standards when determined by the Planning Director that unique or unusual site conditions exists:

a.

Up to ten percent reduction in the number of required parking spaces.

b.

Up to five percent reduction in minimum lot width and depth requirements.

c.

Up to ten percent reduction in building or parking setback requirements.

d.

When rights-of-way or real property or interests therein are acquired or condemned by an agency of the State of Georgia for public road purposes and a documentation of a conflict (as defined in O.C.G.A. § 32-3-3.2) has been issued to a property owner, the Planning Director may grant a minimum degree of administrative waiver from land use or land disturbance permitting standards for the remaining property or parcel to the property owner or the property's owner successor(s) in interest. Such waiver may be granted upon the submission and review of an application that must include satisfactory production of proof of the transfer of title of the acquired or condemned property or interests in property to the condemning authority, the documentation of a conflict, and any other information required by O.C.G.A. § 32-3-3.2, as it now exists or may hereinafter be amended; provided, however, that application for any such waiver must be made no later than five (5) years after the pertinent transfer of property or interests in property to an agency of the State of Georgia. The Planning Director is authorized to develop an application form with procedures and instructions for such administrative waivers.

2.

Recombination of platted lots or tracts;

3.

Site review for all new development and expansion of existing uses;

4.

Preliminary plat for subdivisions of five or more lots;

5.

Subdivisions of four or fewer lots;

6.

Environmental buffer review permits;

7.

Extension of time limits for approved planning actions;

8.

Minor amendments to conditions of approval established by the planning commission;

9.

Review of exterior demolition or relocation applications for compliance with section 9-4-15C (Procedures for review of exterior demolition or relocation applications);

10.

Interpretations of this zoning ordinance; and

11.

Other actions specifically permitted in this title as staff permit.

(Ord. of 12-5-2000, § 1; Ord. of 6-5-2001, § 3; Ord. of 2-7-2006, § 2; Ord. of 3-2-2010, § 1; Ord. of 12-5-2023(2), § 1)

A.

Actions subject to appeal:

1.

Staff permit decisions made under the authority of section 9-4-7 of this title. The decision of the Administrative Hearing Officer shall be the final decision of Athens-Clarke County on all staff permit decisions and interpretations.

2.

Type IV planning actions. The decision of the planning commission shall be the final decision of Athens-Clarke County on all planning actions subject to the Type IV planning procedure, except when initially considered by the planning commission as a Type III procedure, which may be appealed to the Athens-Clarke County Mayor and Commission in accordance with procedures set forth below.

3.

Type I, II and III planning actions. The decision of the Athens-Clarke County Mayor and Commission shall be the final decision of the unified government on all planning actions subject to the Type I, II, or III planning procedure.

B.

Appeal procedures:

1.

Appeals of staff permit decisions made pursuant to section 9-4-7, shall be heard and decided by the Administrative Hearing Officer of Athens-Clarke County in accordance with the procedures set forth in Chapter 1-5 of the Athens Clarke County Code.

a.

The appeal shall be filed within five business days after the final decision, as defined in section 9-4-14, is rendered.

b.

The appeal shall be in writing and filed with the Athens-Clarke County Planning Department pursuant to the procedure set forth in section 9-4-8 B.2. a. and b.

c.

The standards for any such appeal shall be governed by the provisions of Chapter 1-5 of the Code of Athens-Clarke County, Georgia.

2.

Appeals of Type IV decisions shall be heard and decided by the Athens-Clarke County Planning Commission.

a.

The appeal shall be filed within five business days after the final decision is rendered, as defined in section 9-4-14.

b.

The appeal shall be in writing and filed with the Athens-Clarke County Planning Department. Such appeal shall include the appellant's name, address, and specifically state the grounds for which the hearings board's decision should be overturned, based on the applicable criteria or procedural irregularity.

c.

The appeal hearing shall be scheduled for a regular Athens-Clarke County Planning commission meeting. Notice of such meeting shall be published in a newspaper of general circulation in Athens-Clarke County at least 30 days, but not more than 45 days prior to the hearing, and shall contain the location of the property, by street address and tax map number, the date, time, place, and purpose of the appeal hearing.

d.

The planning commission shall receive a complete record of the hearings board's action, including all information presented by the applicant, proponents, and opponents, prior to the appeal hearing. Such record shall also include the adopted findings and conclusions of the hearings board.

e.

The hearing before the Athens-Clarke County Planning Commission shall be confined to a review of the record of the administrative hearing for error based on insufficiency of evidence to support the findings and conclusions of the hearings board that applicable criteria were or were not met, or based on procedural irregularity. At such hearing, the Athens-Clarke County Planning Commission shall first hear argument from the appellant, then from the appellee, followed by a brief rebuttal from the appellant. Each side shall be confined to ten minutes, with appellant's rebuttal not to exceed three minutes. No new evidence shall be admitted or considered. After concluding the hearing, the Athens-Clarke County Planning Commission may affirm the original planning decision, affirm the decision with conditions, deny the original planning decision, or remand the planning action back to the hearings board for further development of the record.

3.

Appeals of Type III planning commission decisions shall be heard and decided by the Athens-Clarke County Mayor and Commission. Payment of the standard appeal fee shall be required as part of the application.

a.

The appeal shall be filed within 15 days after the final decision is rendered, as defined in section 9-4-14.

b.

The appeal shall be in writing and filed in the office of the Athens-Clarke County Clerk of Commission. Such appeal shall include the appellant's name, address, and specifically state the grounds for which the planning commission's decision should be overturned, based on the applicable criteria or procedural irregularity.

c.

The appeal hearing shall be scheduled for a regular Athens-Clarke County Mayor and Commission meeting allowing adequate time to meet the public notice requirements of section 9-4-9.

d.

The commission shall receive a complete record of the planning commission's action, including all information presented by the applicant, proponents, and opponents, prior to the appeal hearing. Such record shall also include the adopted findings and conclusions of the planning commission.

e.

The hearing before the Athens-Clarke County Mayor and Commission shall be confined to a review of the record of the administrative hearing for error based on insufficiency of evidence to support the findings and conclusions of the planning commission that applicable criteria were or were not met, or based on procedural irregularity. At such hearing, the Athens-Clarke County Mayor and Commission shall first hear argument from the appellant, then from the appellee, followed by a brief rebuttal from the appellant. Each side shall be confined to ten minutes, with appellant's rebuttal not to exceed three minutes. After concluding the hearing, the Athens-Clarke County Mayor and Commission may affirm the original planning decision, affirm the decision with conditions, deny the original planning decision, or remand the planning action back to the planning commission for further development of the record.

4.

Judicial review of Type I and Type II Athens-Clarke County Mayor and Commission decisions may be taken to a court of competent jurisdiction, within the time allowed by law.

C.

Appeals or petitions for judicial review may only be filed by parties to the planning action. "Parties" shall be defined as the following:

1.

The applicant. Parties fitting this description may appeal all planning decision types (Types I—IV and staff permits).

2.

Adjoining property owners and owners of properties that are affected by the proposed change differently than the general public as determined by standards set forth in Georgia law. Parties fitting this description may challenge planning decision Types I—IV only.

3.

The unified government. The Athens-Clarke Mayor and Commission may appeal all final decisions made by the hearings board.

D.

Certiorari.

1.

Authority to Approve Certiorari Documents. In order to comply with O.C.G.A. § 36-66-5.1(c), the Mayor of Athens-Clarke County, the Chair of the Planning Commission and/or the Chair of the Hearings Board, as appropriate, is authorized to issue certiorari bonds and certificates of costs upon confirmation with County staff that such approvals are appropriate.

2.

Authority to Accept Service. For purposes of certiorari proceedings, the Mayor of Athens-Clarke County, the Chair of the Planning Commission and/or the Chair of the Hearings Board, as appropriate, is authorized to accept service on behalf of the Respondent.

(Ord. of 12-5-2000, § 1; Ord. of 6-5-2001, § 3.1; Ord. of 9-1-2020(2), § 1; Ord. of 2-6-2024(2), §§ 4—7; Ord. of 6-6-2023(8), § 1, eff. 7-1-2023; Ord. of 6-6-2023(9), § 1, eff. 7-1-2023)

Public notice regarding all planning actions shall be given as follows:

A.

Every zoning or planning action pursuant to this zoning ordinance shall be entered in a registry available to the public in the planning department, setting forth:

1.

The location of property affected, by street address, tax map number or other easily understood geographic reference to the subject property;

2.

The date of the hearing or conference; and the date the decision will be final;

3.

A description of the decision to be made.

4.

A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria will be made available for inspection at no cost and copies will be provided at a standardized per-page cost to be determined by Athens-Clarke County.

B.

Public notice for staff-permitted variances and preliminary plats for subdivisions of five or more lots:

1.

Notice shall be published in a newspaper of general circulation in Athens-Clarke County at least seven days, but not more than 45 days, before the date of the staff conference with the applicant, and shall contain the location of the property by street address and tax map number, the date, time, place, and purpose of the staff conference, and the Planning Department contact information.

C.

Type IV public notice.

1.

Notice shall be published in a newspaper of general circulation in Athens-Clarke County at least 30 days before the date on which the hearings board hearing shall be held, and shall contain the location of the property by street address, and with additional notice being mailed to the owner of the property that is the subject of the proposed action. The notice shall state the date, time, place and purpose of the hearing before the hearings board.

2.

For Type IV variance requests, notice containing the same information required above shall be posted on the subject property by the planning department at least 30 days, but not more than 45 days, prior to the date of the public hearing before the Athens-Clarke County Hearings Board.

D.

Type III public notice:

1.

Notice of the hearing shall be published in a paper of general circulation in Athens-Clarke County at least 15 days, but not more than 45 days prior to the hearing, and also shall be conspicuously posted at the Athens-Clarke County Planning Department.

2.

The notice shall contain the following information:

a.

The location of the property by street address;

b.

The date, time, place and purpose of the public hearing.

E.

Type I and Type II public notice:

1.

Notice of the public hearing shall be published in a paper of general circulation in Athens-Clarke County at least 15 days, but not more than 45 days, prior to the public hearing, and also shall be conspicuously posted in the Athens-Clarke County Planning Department.

2.

The notice shall contain the following information:

a.

The date, time, place and purpose of the public hearing.

b.

If the planning action is for the rezoning of property or for a special use permit, the notice shall state both the present zoning classification and the proposed zoning classification.

c.

If the rezoning or special use permit application is initiated by a party other than Athens-Clarke County, then the notice shall also contain the location of the property by street address and tax map number."

3.

If the rezoning or special use permit application is initiated by a party other than Athens-Clarke County, then, in addition to the required legal ad, notice shall be posted on the subject property by the planning department at least 15 days, but not more than 45 days, prior to the date of the public hearing before the Athens-Clarke County Mayor and Commission.

a.

The posted notice required above shall contain the following information:

1.

The date, time, place and purpose of the public hearing.

2.

The present zoning classification and the proposed zoning classification.

3.

The location of the property by street address and tax map number.

4.

The planning department contact information.

b.

The posted notice shall be on a sign placed conspicuously on the property at the right- of-way so as to be visible to the public. The planning department employee posting the sign shall certify, for the record of the hearing, that the posting was accomplished. Such signs shall remain posted until final action has been taken by the Mayor and Commission of Athens-Clarke County. Athens-Clarke County will use its best efforts to replace any removed or fallen sign that has been reported. The failure of the posted sign to remain on the property shall not invalidate the proceedings.

4.

Whenever the proposed amendment is a map change initiated by a public agency or department of Athens-Clarke County or the planning commission, the Athens-Clarke County Planning Department shall, in addition to the required legal ad, provide for further public notification utilizing, but not limited to, at least two of the following forms of communication with the general public:

1.

Signage, as described above;

2.

Newspaper advertisement (non-legal);

3.

Press release;

4.

Radio and/or TV public service announcement;

5.

Notice mailing to neighborhood associations, chamber of commerce, other public groups or associations;

6.

Neighborhood public informational meetings;

7.

Brochure or flyer distribution.

(Ord. of 12-5-2000, § 1; Ord. of 6-5-2001, §§ 4, 5; Ord. of 10-4-2005, § 1; Ord. of 7-7-2009, § 1; Ord. of 4-4-2017(1), §§ 1, 2; Ord. of 5-7-2019(1), § 1; Ord. of 6-6-2023(1), § 1, eff. 7-1-2023; Ord. of 6-6-2023(10), § 1, eff. 7-1-2023)

A.

Administrative hearings shall be conducted for Type III and Type IV planning actions. The purpose of an administrative hearing is to apply the zoning ordinance to factual situations pursuant to which a permit or approval is sought. The burden shall be upon the applicant to demonstrate by clear and convincing evidence that all criteria for issuance of the requested action has been satisfied.

B.

In Type III proceedings, the planning commission shall conduct the hearing and act as decision-maker. A quorum shall consist of a majority of the total members on the planning commission. A majority vote of the planning commission members present and eligible to vote is required for action. In the event of a planning commission member's abstention based on conflict or other disqualification, the abstention shall count as if that member were absent and the number of persons necessary for a majority shall be reduced accordingly without affecting the quorum.

C.

Administrative hearings shall be conducted informally, but in such a manner as to preserve decorum at all times. The chairman, or in his/her absence the acting chairman, may administer oaths and compel the attendance of witnesses by subpoena. The board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, which shall be of public record. A written record of the hearing shall be prepared, either from notes taken by the secretary of the planning commission or hearings board, or by recording the proceedings. The record shall be an accurate account of the proceedings, including a listing of all documents considered, a summary of testimony presented, and any rulings upon motions or objections raised. The applicant or any other party to the proceeding may have a verbatim transcript prepared by an official court reporter, certified in the State of Georgia, at his or her own expense; provided, however, a copy of the transcript shall be filed with the secretary of the planning commission or hearings board and copies made available to other parties at actual cost. The planning commission or hearings board shall make the decision on the requested action based on the criteria found in the zoning ordinance and development ordinance.

D.

A written decision shall be issued by the planning commission or hearings board, containing findings and conclusions, either approving, approving with conditions, or denying the application. A decision shall be rendered within 10 business days after completion of the hearing, except the hearings board shall render its report within five business days.

E.

The planning commission members shall be governed by the provisions of O.C.G.A. § 36-67A-1 et seq., (chapter 67A, Conflict of Interest in Zoning Actions). The hearings board shall adopt similar conflict of interest provisions in their by-laws.

F.

In Type IV proceedings, the hearing shall be conducted by a hearings board, who shall act as decision-maker. A hearings board shall be composed of seven members. Members shall be appointed by the Athens-Clarke County Mayor and Commission. The term of office of the members of the board shall be four years or until their successors are appointed. No one may serve on the board more than two consecutive terms. In order to achieve staggered terms, initial appointments shall be: two members for two years; two members for three years; and three members for four years. Members of the board shall be removed for just cause by the commission upon written charges and after a public hearing. Vacancies caused by resignation or for other reasons shall be filled for the unexpired term in the same manner as for a full term. None of the members of the board shall be employees or elected officials of Athens-Clarke County. Members of the board shall be reimbursed for travel expenses associated with their duties at a rate of $10.00 per meeting attended. The board shall elect one of its members as chair, who will serve for one year or until a successor is elected. The chair shall not serve more than two consecutive one-year terms as chair. The chair shall be a voting member, and a minimum of four affirmative votes by the membership of the board present and voting is needed to affirm a motion. To constitute a quorum for the transaction of business, there shall be required to be present at any meeting of the board at least five members. The Athens-Clarke County Planning Director or lawful designee shall serve as the board's secretary. The board shall adopt rules of procedure and by-laws not in conflict with the provisions of this title. Meetings of the board shall be held at the call of the chair and at such other times as the board may determine. Regular meetings of the hearings boards shall be held monthly. Called meetings may be held as needed.

(Ord. of 12-5-2000, § 1; Ord. of 6-5-2001, §§ 6—8; Ord. of 6-7-2005, § 1; Ord. of 2-3-2009, § 2)

In case an application for rezoning of property under Type I or Type II is denied by the Athens-Clarke County Mayor and Commission, then the subject property shall not be eligible for resubmittal for 12 months from the date of said denial.

(Ord. of 12-5-2000, § 1)

A Type 1 or Type II application may not be withdrawn or amended by the applicant after the advertising for public hearing required by this chapter has been submitted to a newspaper of general circulation in Athens-Clarke County for publication. However, the mayor and commission of Athens-Clarke County may by a majority vote allow an application to be withdrawn without causing the petition to comply with the designated waiting period prior to a rehearing as specified above.

(Ord. of 12-5-2000, § 1; Ord. of 5-7-2019(2), § 1)

The planning staff or the planning commission may make a recommendation to the mayor and commission of Athens-Clarke County that certain conditions be added to a rezoning request so as to offset any adverse impacts to the community that may result from an approval. Such conditions shall be imposed when it benefits the neighbors or community as a whole as it would ameliorate the effects of the zoning change. These conditions shall relate to the land use plan and/or lessen the impact on public services and/or protect the health, safety, and welfare of the community.

The planning staff's or planning commission's report may recommend amendments to the applicant's request which would reduce the land area, change the district requested, and/or recommend conditions of rezoning which are deemed advisable so that the purpose of this title will be served and that health, safety and welfare of the public is secured.

The mayor and commission may also amend an application prior to acting thereon. Such amendment may reduce the land area for which the application is made, change the district requested, and add or delete conditions of rezoning so that the purpose of this title will be served and that the health, safety, and welfare of the public is secured.

In the event that the mayor and commission should determine that they will consider a zoning classification other than the classification requested by the applicant, then they shall cause legal notice to be given to the public of the zoning classification to be considered pursuant to the requirements of subsection 9-4-9 E.3.a. of this chapter. The public hearing on the request shall be continued until the next regular meeting of the mayor and commission.

(Ord. of 12-5-2000, § 1)

A.

A zoning decision is determined to be final as follows:

1.

Staff permit—Decision becomes final five business days after the date of decision, should no request for administrative hearing before a hearings board be filed.

2.

Type IV—Decision becomes final five business days after the date of decision, should no request for administrative hearing before the planning commission be filed. Decisions regarding appeals of staff permit decisions become final upon approval of a motion by the planning commission.

3.

Type III—The decision is made by approval of a motion by the planning commission. The decision becomes final 15 days after the meeting date, should no request for an appeal hearing be filed, except that decisions regarding appeals of Type IV decisions become final upon approval of a motion by the planning commission.

4.

Type I and Type II (approval)—The decision is final and effective when the ordinance is adopted, according to the requirements of the Athens-Clarke County Charter.

5.

Type I and Type II (denial)—In the event a request for rezoning is denied by the mayor and commission, said denial is subject to reconsideration by the mayor and commission under its rules of procedure. If the application is reconsidered as provided for herein, the decision will be final upon adoption of the ordinance according to the requirements of the Athens-Clarke County Charter or upon approval of a motion to deny the application.

B.

No structure or zoning permit shall be issued for any action under this title until the decision has become final, as defined above, or, in the case of Type I or Type II actions, until the ordinances relating to the approval are adopted and become effective.

(Ord. of 12-5-2000, § 1)

A.

Type I, Type II, Type III, and Type IV—Completed applications shall be submitted to the planning department by the appropriate application deadlines.

1.

Complete applications shall include all of the required information for the specific action requested, on a signed application form, and tender of the appropriate application fee. Any application involving the need to accurately depict property dimensions or property line locations, as determined by the Planning Director, shall be accompanied by a site plan prepared and sealed by a licensed surveyor, architect, landscape architect, or engineer.

2.

Incomplete applications are subject to return to the applicant and removal from the applicable agenda. The planning staff will notify the applicant of deficiencies in the application within ten working days of the application deadline. The applicant has 30 days from notification in which to submit a complete application, which may, at the planning director's discretion, be placed on the agenda for the next regularly scheduled meeting, rather than the current agenda. Failure to resubmit a complete application within 30 days will require a new application including, but not limited to, a new fee for application.

3.

No application shall be deemed accepted until the planning director, or his/her designee, has certified that it is complete.

4.

After review and recommendation by the planning commission, the petitioner must submit the plan to the planning department by noon Monday of the week preceding the week during which the mayor and commission will meet (the third Tuesday of the month). The composition and number of plan copies to be submitted for consideration of the application by the mayor and commission shall be determined by the planning department.

B.

All applicants for Type I, Type II, and Type III planning actions shall have completed a pre-application conference for the project within a two-week to six-month time period preceding the application date. The planning director may waive this requirement if in his/her opinion the information to be gathered in a pre-application conference already exists in the final application.

C.

Procedures for review of exterior demolition or relocation applications:

1.

Prior to submittal of an exterior demolition or relocation permit, all requests which include exterior demolitions or relocations shall first obtain approval of an exterior demolition or relocation review application from the Planning Department.

2.

For applications that do not involve manufactured homes and structures locally designated as part of a historic district or as an individually designated landmark, complete applications shall include all of the information requested on the application form, including photographs of all affected exterior elevations, a site plan indicating the structure(s) and a floor plan, if partial demolition is proposed, indicating the portions thereof affected, and information pertaining to the age of the structure (if available).

3.

Within ten days of receipt of a complete application the Planning Department staff shall make a determination of eligibility for a review not to exceed 90 days.

4.

An exterior demolition or relocation application shall be considered eligible for a complete 90-day review if staff determines that the application meets one of the two following criteria:

a.

The property is listed on the National Register of Historic Places as part of a historic district or as an individually listed property; or

b.

The structure appears to have been constructed over 50 years ago as determined by the Planning staff using available resources.

5.

The following applications shall be exempt from the 90-day review period:

a.

Accessory structures of less than 500 square feet of gross floor area;

b.

Any structure determined by the Chief Building Official to be hazardous; or

c.

Any structure located within E-O (Employment-Office); E-I (Employment-Industrial), or I (Industrial) zones.

6.

Within ten days of the receipt of a complete application, the Planning Director shall send written notice of a proposed demolition considered eligible for a complete 90-day review to the Athens-Clarke County Commissioner in whose district the affected property is located.

7.

Within 25 days of the receipt of a complete application, the Athens-Clarke County Commissioner in whose district the affected property is located must submit written direction to the Planning Director in order to continue the review for a period not to exceed 90 days. If such written direction is received, the Planning Director shall post notice on the subject property and provide written notification of the proposed demolition or relocation to all owners of property located within 400 feet of the subject property. The review period shall continue until the complete 90-day period has elapsed, or until the said Athens-Clarke County Commissioner provides subsequent direction to approve the application, or until official action is taken by the Mayor and Commission regarding the demolition or relocation, whichever comes first. If such written direction to continue the review is not received by the Planning Director within the initial 25-day period, the application shall be deemed as approved by the said Athens-Clarke County Commissioner.

8.

In the event of a vacant position on the Commission for the district in which the affected property lies, the Planning Director shall send written notice of the proposed demolition to the Mayor as set forth above, and for the purposes of this Subsection C, the Mayor shall perform the duties of the Athens-Clarke County Commissioner for that district until such time as the vacant position is filled in accordance with the Charter.

9.

Approval of any exterior demolition or relocation review application granted in accordance with the terms of this title shall expire if not used within 24 months from date of approval. Said approval shall not be deemed used until a demolition or relocation permit has actually been issued, if applicable, and the approved demolition or relocation completed.

D.

Developments of Regional Impact (DRI): If an application is submitted for a planning action to the Athens-Clarke County Planning Department or a permit application is submitted to the Athens-Clarke County Building Inspection Department and it is determined that pursuant to O.C.G.A. § 50-8-7.1(b)(3), the proposed application is required to follow the State of Georgia's Developments of Regional Impact (DRI) process, then all processing time deadlines imposed by local ordinances are suspended until the date the results of the DRI review process are received by the Athens-Clarke County Planning Department or 30 days from date of suspension, whichever event shall occur first. Once the DRI results are received or 30 days have passed, the suspended processing time requirements shall be reinstated.

E.

Staff permit: Completed applications shall be submitted to the planning department by the appropriate application deadlines.

1.

Complete applications shall include all of the required information for the specific action requested, on a signed application form, and tender of the appropriate application fee.

2.

Incomplete applications are subject to return to the applicant and removal from the appropriate agenda.

3.

If no applicant activity has occurred on an application for six months after review comments have been received from Athens-Clarke County staff, the Planning staff shall notify the applicant in writing that the application has become inactive. The applicant shall be granted an additional six months upon written request. If an extension is not requested within 30 days of the notice of inactivity, the application shall be deemed withdrawn and the file shall be closed. If the file is closed, then a subsequent application shall be considered a new application.

(Ord. of 12-5-2000, § 1; Ord. of 4-5-2005, §§ 1, 2; Ord. of 2-7-2006, § 1; Ord. of 2-7-2006, § 1; Ord. of 2-3-2009, §§ 1, 2; Ord. of 3-2-2010, § 2; Ord. of 5-6-2014, § 1; Ord. of 2-3-2015, § 5; Ord. of 4-3-2018, §§ 1—6)

A.

Fees for applications under this title shall be set by resolution of the Athens-Clarke County Mayor and Commission, as from time to time amended.

B.

A decision by the planning director to process a staff permit as a Type IV permit, or to process a Type IV action as a Type III action, will not affect the fee charged. The fee will be based on the lowest type of hearing a planning action can be processed as, according to this title.

(Ord. of 12-5-2000, § 1)

The planning staff director, hearings board, planning commission, or Athens-Clarke County Mayor and Commission, as the case may be, have the power to interpret the intent of the zoning ordinance, whenever an ambiguity appears in said ordinance. For purposes of interpretation, words shall be given their common meaning or ordinary significance, unless specially defined in this title. Also the zoning ordinance shall be interpreted to meet the intent of the mayor and commission.

(Ord. of 12-5-2000, § 1)

Where a particular use is not listed as permitted or a special use in a given zone, the planning director may, after appropriate analysis, determine that the use is similar to those listed in type, kind and function, and therefore properly allocated to that zone. The decision will be subject to the staff permit procedure, as defined in this title.

(Ord. of 12-5-2000, § 1)

TABLE 9.4 COMPATIBILITY MATRIX

X = Future Land Use Designation is compatible with the zoning district.

(Ord. of 12-5-2000, § 1; Ord. of 6-5-2001, § 4; Ord. of 10-7-2003, § 5; Ord. of 7-1-2008, § 8; Ord. of 7-5-2011, § 1; Ord. of 7-3-2018(2), § 5)

The purpose of the Agricultural Residential (AR) district is to maintain an area of rural use and character within Athens-Clarke County, to preserve a working agricultural landscape in these areas, to conserve environmentally sensitive resources, to stabilize and protect single-family characteristics of the districts, and to promote and encourage a suitable environment for family life. Application of the zone will ensure that the farming, pasture, and forestry uses, and the scenic values associated with these, and the single-family residential character of these areas, are protected from incompatible development that could result in the degradation of these values. Clustered housing is permitted and encouraged in the form of conservation subdivisions, leaving large amounts of land in agricultural use and open space. Recreational, institutional, and limited commercial uses are also appropriate for these districts.

(Ord. of 12-5-2000, § 1; Ord. of 10-7-2003, § 6)

The following uses and their accessory uses are permitted as contained in the use table below:

The following uses and their accessory uses are permitted as contained in the use table below:

Legend:

P = Permitted outright

S = Subject to approval under the special use procedures section

N = Prohibited use

L(1) = Limited to no more than ten guest units. Special use permit for any facility with more than ten guest units.

L(2) = Limited to a retail sales area of no more than 2,500 square feet without special use approval. No convenience stores or gas stations are permitted. A rural events facility, as defined in section 9-2-1, is permitted only as a special use permit. Refer to section 9-15-26 for regulations governing a rural events facility.

L(3) = Limited to sit down only, no drive up or take out service permitted. Limited to no more than 100 seats and no more than 2,500 square feet of restaurant area.

L(4) = A maximum of one detached residential unit, designed for and occupied by one family only. The structure must be accessory and subordinate to a single-family dwelling and located on a tract of land that is at least ten acres in size, and conforms to the standards outlined in this title. The accessory dwelling structure must: (1) be located entirely in the rear yard of the principal residential structure; (2) have gross square footage that is 50% or less of the habitable square footage of the principal residential structure; and (3) have fewer bedrooms than the principal residential structure.

L(5) = Class "A" Manufactured Homes are not permitted within approved or platted subdivisions of ten or more lots that have a common subdivision scheme on file in the Athens-Clarke County Planning Department, unless 60 percent or more of the existing dwellings are either Class "A" or Class "B" Manufactured Homes. Where permitted, the placement of Class "A" Manufactured Homes shall be subject to the following criteria:

1.

The portion of the lot upon which the manufactured home is to be located shall not exceed a slope of ten percent following excavation or fill.

2.

The manufactured home shall be multi-sectional, no less than 24 feet in width, and have a minimum enclosed floor area of 1,000 square feet.

3.

The manufactured home shall have a roof pitch of a minimum of three feet in height for each 12 feet in width.

4.

The manufactured home shall have no metal siding and shall have wood, wood-product, or vinyl siding and composition or metal roofing.

5.

The manufactured home shall be placed on an excavated and back-filled foundation, and the foundation shall be fully enclosed.

6.

The foundation area of the manufactured home shall be fully skirted in masonry.

L(6) = Refer to section 9-15-19 for regulations governing personal care homes.

L(7) = Temporary special events, as defined in section 9-2-1, are subject to, but not limited to, the following conditions:

1.

The boundary of the temporary special event, as described on the approved site plan, shall not be located within 300 feet of any RS (Single-Family Residential) zone or RM (Mixed Density Residential) zone.

2.

A temporary special event shall have a duration of not more than 72 consecutive hours, including setup and breakdown of the event.

3.

No more than two temporary special events may occur for any one property in each calendar year; a temporary special event shall not occur more frequently than once in a three-month period on the subject property.

4.

Sufficient improved or unimproved off-street parking, to be approved by the Planning Director, with access to be approved by the Department of Transportation and Public Works, shall be provided.

5.

All temporary special events shall apply for and obtain, if required, an Athens-Clarke County Special Events Permit per Chapter 6-5 and shall comply with all applicable local, state, and federal regulations.

L(8) = No halfway house is permitted in an "AR neighborhood" as defined in section 9-15-18. Refer to section 9-15-21 for more information concerning halfway houses.

L(9) = Short-Term Rental, Commercial uses are not eligible for consideration as a special use in an "AR neighborhood," as that phrase is defined in section 9-15-18. Refer to section 9-15-28 for more information concerning Short-Term Rental, Commercial uses.

(Ord. of 12-5-2000, § 1; Ord. of 10-7-2003, § 7; Ord. of 12-2-2003, § 1; Ord. of 8-1-2006, § 2; Ord. of 8-1-2006, § 2; Ord. of 4-3-2007, § 1; Ord. of 2-3-2009, § 2; Ord. of 4-5-2011, § 2; Ord. of 12-4-2012, § 3; Ord. of 2-5-2013, § 2; Ord. of 2-4-2014, § 2; Ord. of 8-7-2018(2), § 2; Ord. of 12-5-2023(4), § 2; Ord. of 2-6-2024(3), § 3)

General regulations for the AR zone are contained in the table below:

¹  Except for lots entirely fronting turnaround areas of cul-de-sacs, the lot width shall be measured beginning at the front lot line and maintained for the entire minimum lot depth. For lots entirely fronting turnaround areas of cul-de-sacs, the lot width shall be measured beginning at the minimum required front setback line and maintained for the remaining portion of the minimum lot depth.

²  The lot width shall be measured beginning at the front lot line and maintained for the entire depth of the front yard, except for lots entirely adjoining turnaround areas of cul-de-sacs, where the lot width shall be measured at the minimum required front setback line.

(Ord. of 12-5-2000, § 1; Ord. of 11-6-2001, § 2; Ord. of 10-7-2003, § 8; Ord. of 6-3-2008, § 1; Ord. of 12-7-2010, § 2; Ord. of 5-1-2012, § 1)

Conservation subdivision development within the AR zone is permitted pursuant to the provisions of Chapter 9-14A (Conservation Subdivision Planned Development).

(Ord. of 12-5-2000, § 1; Ord. of 2-6-2001, § 1; Ord. of 3-6-2001, § 3; Ord. of 10-7-2003, § 9)

The subdivision of one additional lot, no less than one acre in size, from a parent tract remaining at least ten acres in size may be requested no more than once every two years. Such additional lots, if less than two acres in size, must meet the minimum lot width and lot depth requirements for lots in the RS-40 zoning district per section 9-7-3 and also shall comply with the RS-40 zoning district standards for minimum setback, minimum lot coverage, and maximum building height in section 9-7-3.

(Ord. of 12-5-2000, § 1; Ord. of 10-7-2003, § 10; Ord. of 2-3-2009, § 1; Ord. of 5-1-2012, § 2)

In the AR zone, the permitted development density may be increased to one unit per five acres if the property is developed in accordance with Chapter 9-14A as a conservation subdivision. With the granting of such a bonus, the maximum average density shall be one unit per five acres, and the permitted lot size to be used for calculating lot yield in accordance with section 9-14A-10, shall be reduced to five acres. The bonus density shall be used to determine the base number of units permitted in the conservation subdivision development, in accordance with Chapter 9-14A.

(Ord. of 10-7-2003, § 11)

A.

In the AR zone, subdivision of more than two lots is permitted outright if the lot sizes are ten acres in size or greater. Developments in which all lots are ten acres in size or greater shall not be subject to the provisions of Chapter 9-14A (conservation subdivision planned development). Large lot residential subdivision development shall comply with all of the applicable standards identified in section 9-5-3 (general regulations) and Chapter 9-26 (subdivision regulations).

B.

If open space is dedicated as part of a large lot residential subdivision, the dedication of such open space shall comply with section 9-14A-13. Adequate guarantee shall be provided for the permanent retention as "open space" for the dedicated open space area. The guarantee shall be in the form of private reservation for the use of project residents through permanent conservation easements or equivalent legal tools that provide permanent protection, if approved by Athens-Clarke County, or as land held in a common undivided interest dedicated to a recognized land trust. The care and maintenance of such private open space areas shall be similarly provided for.

(Ord. of 10-7-2003, § 12)

The Institutional (IN) District is intended to recognize and permit the creation of defined areas for the unified and orderly development of cultural, educational, medical and quasi-public institutions in order to support and enhance their benefit to the community. The district allows flexibility in planning and development and provides a process for evaluating and accommodating incremental growth and change, thereby assuring compatibility with adjacent, noninstitutional districts.

(Ord. of 6-5-2001, § 5)

The following uses and their accessory uses are permitted as provided for in the use table below:

Legend:

P = Permitted outright

S = Subject to approval under the special use procedures section

N = Prohibited use

L(1) = Permitted support uses or structures owned or operated by, leased by or to, or otherwise controlled by, the institutional user, which directly provide service to the institution and its patrons, and when such support use or structure is physically integrated into the physical plan of this institution. This provision shall include, but not be limited to, leasing of office space by a hospital or health care facility to independent physicians or other health care providers. Residential uses must be owned or operated by the institutional user with a primary use other than residential. Refer to section 9-15-19 for regulations governing personal care homes. Refer to section 9-15-21 for more information concerning halfway houses. Refer to section 9-15-28 for more information concerning Short-Term Rentals.

L(2) = Temporary special events, as defined in section 9-2-1, are subject to, but not limited to, the following conditions:

1.

The boundary of the temporary special event, as described on the approved site plan, shall not be located within 300 feet of any RS (Single-Family Residential) zone or RM (Mixed Density Residential) zone.

2.

A temporary special event shall have a duration of not more than 72 consecutive hours, including setup and breakdown of the event.

3.

No more than two temporary special events may occur for any one property in each calendar year; a temporary special event shall not occur more frequently than once in a three-month period on the subject property.

4.

Sufficient improved or unimproved off-street parking, to be approved by the Planning Director, with access to be approved by the Department of Transportation and Public Works, shall be provided.

5.

All temporary special events shall apply for and obtain, if required, an Athens-Clarke County Special Events Permit per Chapter 6-5 and shall comply with all applicable local, state, and federal regulations.

(Ord. of 6-5-2001, § 5; Ord. of 8-1-2006, § 3; Ord. of 8-1-2006, § 3; Ord. of 4-3-2007, § 2; Ord. of 4-5-2011, § 3; Ord. of 12-4-2012, §§ 4, 5; Ord. of 2-5-2013, § 3; Ord. of 2-4-2014, § 3; Ord. of 12-5-2023(4), § 3; Ord. of 2-6-2024(3), § 4)

General regulations for all Institutional (IN) zones are contained in the table below:

¹ If an existing institutional use has building(s) that are greater in height than 65 feet, the maximum building height of new construction permitted for the existing institutional use shall be equal to or less than the height of the existing building.

² Unless otherwise specified in section 9-15-9.

³ Except for lots entirely fronting turnaround areas of cul-de-sacs, the lot width shall be measured beginning at the front lot line and maintained for the entire minimum lot depth. For lots entirely fronting turnaround areas of cul-de-sacs, the lot width shall be measured beginning at the minimum required front setback line and maintained for the remaining portion of the minimum lot depth.

(Ord. of 6-5-2001, § 5; Ord. of 11-6-2001, § 2; Ord. of 9-3-2002, § 2; Ord. of 12-7-2010, § 3)

In all areas within the IN district, all uses are required to provide off-street parking or loading areas in accordance with the parking standards established in chapter 9-30 of this title. Residential uses associated with the institutional use are required to comply with the parking standards established in section 9-30-2. Leasing of parking facilities for uses other than residential uses in an amount sufficient to meet the requirements of this title is permitted as long as the parking facilities are no more than 1,500 feet from the institutional use.

(Ord. of 6-5-2001, § 5)

The purpose of reviewing developments of community significance is to provide for detailed review of institutional (IN) uses which have the potential for significant impact to the environment, to the value and use of the adjacent properties, public water and sewer services, roadway capacity and traffic patterns, the economy of Athens-Clarke County, or the public health, safety, and general welfare of Athens-Clarke County residents. This review is designed to ensure that future land uses are suitable to the demands and needs of the residents of Athens-Clarke County.

A.

Application of section. The provisions of this section shall apply to uses in the Institutional (IN) zone that result in developments totaling 200,000 square feet or more; or uses that result in a single building of 100,000 square feet or more of gross area, whether by new construction or by expansion of existing uses; or land disturbance of five acres or more; and are determined to exceed additional thresholds defined in section 9-10-5 C.

B.

Submittal requirements. The following information shall be submitted in addition to the other submittal information required in section 9-25-4 and other applicable provisions of this title:

1.

A detailed description of the proposed project and its design features;

2.

Potential impact on existing and projected traffic conditions;

3.

Impact on utilities and public services, including water, sewage, storm drains, solid waste disposal, police and fire protection, emergency services, schools, and other public services;

4.

Impact on the physical and ecological characteristics of the site and surrounding land, including wetlands, floodplain, vegetation, wildlife habitat, and other environmental conditions;

5.

Impact on the community, including but not limited to, scenic, historic, or archaeological conditions, with regard to scale, placement, lighting, landscaping, signage, parking, use of open space and design of buildings and structures.

C.

Review thresholds for developments of community significance. Developments of community significance within this section will be reviewed based on the following thresholds.

1.

Level I uses are those that do not exceed the following criteria or do not require publicly funded infrastructure improvements; these are reviewed using the staff permit procedure.

a.

Water. If the following threshold is exceeded, the use shall be reviewed as a Level II:

(1)

Peak demand total of 100 GPM (gallons per minute); or

(2)

100,000 GPD (gallons per day);

(The above figures are not to be used for fire protection flow rates.)

b.

Wastewater. If any of the following thresholds are exceeded, the use shall be reviewed as a Level II:

(1)

Per requirements of the unified government of Athens-Clarke County Sewer Use Ordinance; or

(2)

Demand exceeding 100,000 GPD (gallons per day).

c.

Traffic. If the following are exceeded, the proposed use, within this category, must be reviewed as Level II:

(1)

Site allocation, as denoted on the traffic volume inventory located in the Athens-Clarke County Planning Department. All allocations are based on roadway capacity at level of service "D" for the road or street; or, lacking any site specific information, the following standards will be used:

(2)

750 peak hour trip ends; or

(3)

6,000 average weekday trip ends; or

(4)

Truck traffic comprising more than two percent of the site generated average weekday trip ends. Traffic generation rates will be based on the Institute of Traffic Engineers Trip Generation Manual (current edition).

d.

Stormwater. If stormwater runoff exceeds thresholds established by Athens Clarke County stormwater management policies, the use shall be reviewed as Level II.

2.

Level II. All uses that exceed one of the locally specified criteria (water, wastewater, traffic, and stormwater) or that require locally funded infrastructure improvements. Level II uses shall be reviewed as a Type II procedure based on one of the following:

a.

Review by staff to determine if proposed use is within capacity ranges and does not necessitate additional governmental expenditure or use reserve capacity; or

b.

Review by staff resulting in a determination that the proposed use does exceed capacities or use reserves and is forwarded to government officials for decision and an agreed upon financing plan between the government and the petitioner.

(Ord. of 6-5-2001, § 5; Ord. of 2-7-2006, § 2)

Developments in an Institutional (IN) district shall comply with the applicable commercial design standards outlined in chapter 9-25. Waivers from the commercial design standards outlined in chapter 9-25 may be requested by the petitioner as part of the master development plan process. These waivers may be granted by the mayor and commission as part of the approval of the master development plan.

(Ord. of 6-5-2001, § 5)

A.

The application for the Institutional (IN) development shall be executed by all property owners, including holders of deeds to secure debt, as recorded in the official records of the superior court of Athens-Clarke County, or their authorized agents.

B.

Any request pertaining to the establishment of an IN zoning district shall be considered an amendment to the zoning ordinance and shall be administered and processed as a Type I or Type II procedure as defined in chapter 9-4 of the zoning ordinance, depending upon the agreement of the proposed zoning classification with the future development map.

C.

Concept plan and application.

1.

A petition for IN zoning must be accompanied by a concept plan and preliminary written report of the project and will only be accepted after a pre-application conference. It is intended that this step in the process will provide an opportunity for the owner and planning commission to arrive at a conceptual agreement on the project prior to the preparation of more detailed plans. Any actions taken by the planning commission will constitute a tentative recommendation to the application and will not be binding.

2.

The planning director may waive this step (concept plan) of the process for amendments to previously approved developments in the IN zone that are clearly consistent with adopted community plans and whose adverse impacts are clearly insignificant.

D.

Master development plan. Following the planning commission's review of the concept plan, the owner shall submit a master development plan for consideration as a Type II planning action. If approved by the governing body, the requirements of the master development plan shall be in addition to and amend the requirements associated with the Institutional (IN) district for the properties included within the master development plan. A master development plan shall contain all information required for a site review (chapter 9-25) and a preliminary plat for subdivisions (chapter 9-26).

E.

After review and recommendation by the planning commission, the petitioner must submit the plan to the planning department by noon Monday of the week preceding the week during which the mayor and commission will meet (the Thursday after the third Tuesday of the month). The composition and number of plan copies to be submitted for consideration of the application by the mayor and commission shall be determined by the planning department.

F.

Additionally after review and recommendation by the planning commission, any adjustment or amendment to preliminary or master development plans submitted by the petitioner, beyond those recommended by the planning commission or the governing body, shall be considered a new application and cause the original rezoning request to be returned to the planning commission for reconsideration. The planning commission, if necessary, may take up to 60 days to review the new application. All fees normally associated with a rezoning request shall also be applicable.

G.

If the planning commission recommends changes to the master development plan, and petitioner decides to include such changes to his or her request, then said petitioner must make appropriate changes to the binding site plan, submit said plan to the planning department by noon Monday of the week preceding the week during which the mayor and commission will meet (the Thursday after the third Tuesday of the month), and will include on the plan a statement signed by the preparer outlining the changes and stating that no other changes have been made except those requested.

H.

Phase site plan.

1.

Following the approval of the master development plan, the owner shall submit a detailed site plan of each project phase to the planning director for approval prior to the issuance of any permits. The planning director may refer, at his/her discretion, and shall refer, upon the request of the owner, approval of the site plan to the full planning commission. If the project will not be phased over time, the owner may submit the detailed site plan for consideration by the planning director with the master development plan, subject to the governing body ultimately approving the master development plan. If the project is to be phased, the owner may submit the site plan for the first phase for similar consideration by the planning director with the master development plan.

2.

The detailed site plan shall be drawn to scale, fully dimensioned, and shall include the same information as required for a final plat of the subdivision regulations (chapter 9-26) and a site review (chapter 9-25).

3.

The planning director shall approve, and may only approve, the phase site plan if it conforms to the master development plan. Any deviation from the master plan shall be grounds for denial of the site plan and shall necessitate the petitioning for approval of an amendment of the master development plan before the site plan can be approved. Approval will be through a staff permit procedure.

4.

The approval of the site plan and related information for each phase shall allow the owner to proceed with the installation of improvements and submit (when appropriate) a final subdivision plat for approval, all in accordance with the procedures set forth in chapter 9-26.

I.

Compliance. In any event where it is determined by the Athens-Clarke County Mayor and Commission, after receipt of a recommendation from the planning commission, that portions of the recommended Institutional (IN) master development plan are not in accordance with this section, the mayor and commission may place parts or all of the property in its prior zoning classification or any other appropriate classification.

J.

Application of regulations:

1.

Institutional (IN) developments shall normally be located on a street having a minimum functional classification of "minor collector."

2.

If any open space is provided for in the master development plan, then adequate guarantee shall be provided for the permanent retention of said "open space." The guarantee shall be in the form of private reservation for the use of project residents through covenants, deed restrictions, master development plans, or similar documents, or through dedication as common open space, or as land held in a common undivided interest dedicated to a recognized land trust. The care and maintenance of such private open space areas shall be similarly provided for.

3.

To ensure adequate and proper construction of the following facilities listed below in a. through e., the mayor and commission may require that the owner submit a performance bond or other financial guarantee. Such guarantee, if required, shall be in an amount set by the mayor and commission and sufficient to allow Athens-Clarke County to construct the stipulated facilities. In addition, the owner shall be required to grant right-of-entry to Athens-Clarke County to construct such improvements where a bond is required. The bonding requirements shall be the same as required of a subdivision (section 9-26-5).

a.

Recreation lands and appurtenances;

b.

Streets and sidewalks;

c.

Drainage facilities;

d.

Grading improvements;

e.

Sewer, water, and other utilities.

K.

The violation of any provision of the approved master development plan shall constitute a violation of this chapter.

L.

The planning director shall not change any condition or restriction that has been imposed by the planning commission or the mayor and commission nor grant any changes to the lot regulations that would be less restrictive than those set by the underlying district regulations. Variance and waiver requests shall be in writing to the planning director. The planning director may request any additional information or documents deemed necessary to make a determination on the requested action.

(Ord. of 2-7-2006, § 2; Ord. of 7-1-2008, § 9)

The purpose of the RS district is to stabilize and protect the owner occupied housing characteristics of the district and to promote and encourage a suitable environment for family life.

The following uses and their accessory uses are permitted as contained in the use table below:

Legend:

P = Permitted outright.

S = Subject to approval under the special use procedures section.

N = Prohibited use.

L(1) = The keeping of livestock, except swine, provided that:

1.

No livestock shall be kept on any lot less than one acre in area.

2.

No more than two head of livestock over the age of six months may be maintained per acre.

3.

Barns, stables, and other buildings and structures to house said livestock shall not be located closer than 50 feet to any property line.

L(2) = Up to two units may be attached by a common wall if part of a subdivision of two acres or more, if they are developed as attached single-family units, as defined in chapter 9-2, the lots which contain the attached structures are not within 100 feet of the perimeter lots lines of a subdivision, the individual common wall units are on separate lots designed to be sold individually.

L(3) = Up to four units may be attached by a common wall if part of a subdivision of two acres or more, if they are developed as attached single-family units, as defined in chapter 9-2, the lots which contain the attached structures are not within 100 feet of the perimeter lots lines of a subdivision, the individual common wall units are on separate lots designed to be sold individually.

L(4) = Class "A" Manufactured Homes are limited to individual lots that are part of an approved or platted subdivision of ten or more lots that have a common subdivision scheme on file in the Athens-Clarke County Planning Department where 60 percent or more of the existing dwellings are either Class "A" or Class "B" Manufactured Homes. Placement of Class "A" Manufactured Homes within approved areas are subject to the following criteria:

1.

The portion of the lot upon which the manufactured home is to be located shall not exceed a slope of ten percent following excavation or fill.

2.

The manufactured home shall be multi-sectional, no less than 24 feet in width, and have a minimum enclosed floor area of 1,000 square feet.

3.

The manufactured home shall have a roof pitch of a minimum of three feet in height for each 12 feet in width.

4.

The manufactured home shall have no metal siding and shall have wood, wood-product, or vinyl siding and composition or metal roofing.

5.

The manufactured home shall be placed on an excavated and back-filled foundation, and the foundation shall be fully enclosed.

6.

The foundation area of the manufactured home shall be fully skirted in masonry.

L(5) = Reserved.

L(6) = Refer to section 9-15-19 for regulations governing personal care homes.

(Ord. of 12-5-2000, § 1; Ord. of 12-2-2003, § 2; Ord. of 8-1-2006, § 4; Ord. of 8-1-2006, § 2; Ord. of 4-3-2007, § 3; Ord. of 4-5-2011, § 4; Ord. of 12-4-2012, § 6; Ord. of 2-5-2013, § 4; Ord. of 2-4-2014, § 4; Ord. of 12-5-2023(4), § 4; Ord. of 2-6-2024(3), § 5)

General regulations of the RS zone are contained in the table below:

¹  Unless otherwise specified in section 9-15-9.

²  The lot width shall be measured beginning at the front lot line and maintained for the entire depth of the front yard, except for lots entirely adjoining turnaround areas of culs-de-sac, where the lot width shall be measured at the minimum required front setback line. Preliminary plats for residential subdivisions with ten or more lots may have a maximum of ten percent of such lots exempted from the minimum lot width and continuous linear street frontage requirements through the utilization of private drives and/or narrow lot widths and street frontages.

³  Unless otherwise specified in section 9-15-22.

⁴  Except for lots entirely fronting turnaround areas of culs-de-sac, the lot width shall be measured beginning at the front lot line and maintained for the entire minimum lot depth. For lots entirely fronting turnaround areas of culs-de-sac, the lot width shall be measured beginning at the minimum required front setback line and maintained for the remaining portion of the minimum lot depth.

⁵  In all cases, building setbacks shall allow adequate depth and/or width for required parking to be entirely within the private property per 9-30-8(E).

⁶  In all cases, when measuring overall structure height and architectural elevation structure height, retaining wall height shall be incorporated as provided for in Section 9-7-7(B).

⁷  Lots of record existing prior to February 7, 2017 and lots included on subdivision sites review applications approved prior to February 7, 2017 shall be eligible to have a minimum rear setback of 10 feet.

(Ord. of 12-5-2000, § 1; Ord. of 11-6-2001, § 2; Ord. of 2-6-2007, § 2; Ord. of 4-3-2007, § 1; Ord. of 4-7-2009, § 2; Ord. of 12-7-2010, § 1; Ord. of 12-7-2010, § 4; Ord. of 2-7-2017(2), § 3; Ord. of 12-1-2020(1), § 1; Ord. of 6-1-2021(1), § 1; Ord. of 12-2-2021(1), § 1)

A.

Density, subdivisions of more than two acres. For subdivisions of more than two acres, density shall be calculated by multiplying the number of lots allowed by the adjusted development acreage. For subdivisions of two acres or less, the general regulations regarding lot dimensions set forth in Table 9-7-3 shall apply. For the purposes of this chapter, the following areas shall not be included in the adjusted development acreage.

1.

Land within the 100-year floodplain.

2.

Bodies of open water.

3.

Jurisdictional wetlands that meet the definition of the Army Corps of Engineers pursuant to the Clean Water Act.

4.

Land lying within the 100-foot or 75-foot riparian buffers identified on the Environmental Areas Map, and land lying within the state-mandated 25-foot riparian buffer.

5.

Areas with slopes equal to or greater than 25 percent which are at least 5,000 square feet contiguous area. These areas must remain undisturbed with the exception of easements for drainage access and underground utilities.

B.

Density bonus. The permitted base density shall be increased by the percentage gained through bonus points.

1.

The maximum bonus permitted shall be 25 percent.

2.

Provision of common open space. For developments of ten units or greater which provide greater than five percent open space, a one-percent bonus shall be awarded for each one percent of the total adjusted development acreage in common open space over the required five percent. The purpose of the density bonus for common open space is to permit areas that could otherwise be developed, or sold as individual lots, to be retained in their natural state or to be developed as a recreational amenity. It is not the purpose of this provision to permit density bonuses for incidental open spaces which have no realistic use by project residents on a day to day basis. No bonus points shall be awarded for the minimum five percent required open space of the adjusted development acreage, as specified in section 9-7-4 of this title.

(Ord. of 12-5-2000, § 1; Ord. of 10-5-2004, § 1)

All units developed in this zone shall be designed for individual ownership of each unit meeting the definition of "dwelling, single-family" or "dwelling, single-family attached", as defined in this title.

(Ord. of 12-5-2000, § 1)

Common open spaces may be provided in the form of natural areas, playgrounds, active or passive recreational areas, and similar areas in common ownership. All developments with a base density of ten units or greater shall be required to provide a minimum of five percent of the adjusted development acreage in open space that is not subject to bonus point calculations. Common open space set aside within the adjusted development acreage area shall count towards base density. A density bonus shall be awarded only to that open space area within the adjusted development acreage area in excess of five percent required for developments of ten units or greater. Open space shall be optional for all developments less than ten units.

(Ord. of 12-5-2000, § 1; Ord. of 10-5-2004, § 1)

A.

Grading. No grading resulting in a finished slope of more than three horizontal units to one vertical unit will be allowed in RS zone setbacks, unless pre-development grade exceeds three horizontal units to one vertical unit and the grading associated with the development will result in a slope reduction.

B.

Retaining walls. No retaining wall greater than four feet in height shall be located within any required setback. Retaining walls within five feet of any structure shall be included in the height calculation for the associated structure. The lowest point of the finished grade along the retaining wall shall be used to calculate the average finished grade for use in the associated height calculation.

(Ord. of 2-7-2017(2), § 4)

This district is designed to provide an environment suitable for urban living. The RM district is intended for residential uses and appurtenant community services. This district is designed in such a manner that it can be applied to a wide range of areas due to the range of residential densities possible.

The following uses and their accessory uses are permitted according to the following matrix:

Legend:

P = Permitted outright.

S = Subject to approval under the special use procedures section.

N = Prohibited use.

L(1) = Class "A" manufactured homes on individual lots are permitted, subject to the following criteria:

1.

The portion of the lot on which the manufactured home is to be located shall not exceed a slope of ten percent following excavation or fill on the parcel.

2.

The manufactured home shall be multi-sectional, no less than 24 feet in width, and have a minimum enclosed floor area of 1,000 square feet.

3.

The manufactured home shall have a roof pitch of a minimum of 14 degrees (three feet in height for each 12 feet in width).

4.

The manufactured home shall have no metal siding or roofing, and shall have wood, wood-product, or vinyl siding and composition roofing, or approved equivalent.

5.

The manufactured home shall be placed on an excavated and back-filled foundation and fully enclosed. The foundation area of the manufactured home shall be fully skirted with masonry.

L(2) = Class "B" manufactured homes are only permitted in manufactured housing developments of at least five acres in size, developed under the manufactured home development section [chapter] 9-16.

L(3) = Bed and breakfast accommodations are permitted, provided that:

1.

That all residences used for travelers' accommodation be business-owner occupied. The business-owner shall be required to reside on the property occupied by the accommodation, and occupancy shall be determined as the travelers' accommodation location being the primary residence of the owner during operation of the accommodation. "Business-owner" shall be defined as a person or persons who own the property and accommodation outright or who have entered into a lease agreement with the property owner(s) allowing for the operation of the accommodation. Such lease agreement to state specifically that the property owner is not involved in the day to day operation or financial management of the accommodation, and that the business-owner is wholly responsible for all operations associated with the accommodation, and has actual ownership of the business.

2.

That each accommodation unit shall have one off-street parking space, and the owners shall have two parking spaces. All spaces shall be in conformance with the requirements of the off-street parking section of this title.

3.

That only one ground or wall sign, constructed of a non-plastic material, non-interior illuminated of six square feet maximum size be allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the travelers' accommodation.

4.

That the number of accommodation units allowed shall be proportional to the permitted density of the zone. Each traveler's accommodation unit shall be counted as 0.6 units for the purpose of calculating the permitted number of traveler's accommodations.

5.

All traveler's accommodations shall be within 200 feet of an arterial. Street designations shall be as determined by the Athens-Clarke County Unified Government Comprehensive Plan. Distances shall be measured via a public street or alley access to the site from the arterial.

6.

Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least 400 square feet of gross interior floor space remaining per unit.

7.

Traveler's accommodations are limited to no more than ten guest units.

L(4) = All restrictions of L(3), but limited to, no more than 15 guest units.

L(5) = Gross floor area not to exceed 2,500 square feet.

L(6) = Refer to section 9-15-19 for regulations governing personal care homes.

L(7) = A maximum of one detached residential unit, designed for and occupied by one family only. The structure must be accessory and subordinate to a single-family dwelling and located on a tract of land that is at least twice the minimum lot size for the district in which it is located, and conforms to the standards outlined in this title. The accessory dwelling structure must: (1) be located entirely in the rear yard of the principal residential structure; (2) have gross square footage that is 50% or less of the habitable square footage of the principal residential structure; and (3) have fewer bedrooms than the principal residential structure.

L(8) = Refer to section 9-15-21 for more information concerning halfway houses.

(Ord. of 12-5-2000, § 1; Ord. of 5-7-2002, § 1; Ord. of 8-1-2006, § 5; Ord. of 8-1-2006, § 4; Ord. of 4-3-2007, § 4; Ord. of 2-3-2009, § 3; Ord. of 2-3-2009, § 1; Ord. of 4-5-2011, § 5; Ord. of 12-4-2012, § 7; Ord. of 2-5-2013, § 5; Ord. of 2-4-2014, § 5; Ord. of 12-5-2023(4), § 5; Ord. of 2-6-2024(3), § 6)

General regulations of the RM zones are contained in the table below:

¹  For the purposes of calculating RM density, unit values are determined by counting the number of bedrooms, as defined in Chapter 9-2, using the following method:

Studio/1 bedroom = 1 unit.

2 bedrooms = 2 units.

3 bedrooms = 3 units.

4 bedrooms = 4 units.

If the result of this calculation yields a fractional unit amount, only the whole number portion of the unit measurement shall be used to determine the total development density.

No more than 25% of the total number of dwellings within a multifamily development shall have four or more bedrooms per dwelling unit.

Lots of record existing prior to December 7, 2010 and proposed lots on subdivision plats submitted for approval prior to December 7, 2010 with calculated density less than three bedrooms shall be eligible to contain a maximum of three bedrooms provided that the lot meets the minimum lot size of 5,000 sq. ft. All other lots existing prior to December 7, 2010 which do not meet the minimum 5,000 sq. ft. lot size shall be eligible to contain a maximum of two bedrooms.

For subdivisions of two or more acres and five lots or more, in lieu of individual lot density calculation, the maximum density allowed for the entire development shall be calculated by multiplying the number of bedroom units allowed per gross acre by the total development acreage.

²  Unless otherwise specified in section 9-15-9.

³  The lot width shall be measured beginning at the front lot line and maintained for the entire depth of the front yard, except for lots entirely adjoining turnaround areas of cul-de-sacs, where the lot width shall be measured at the minimum required front setback line. Preliminary plats for residential subdivisions with ten or more lots may have a maximum of ten percent of such lots exempted from the minimum lot width and continuous linear street frontage requirements through the utilization of private drives and/or narrow lot widths and street frontages.

⁴  Unless otherwise specified in section 9-15-22.

⁵  Except for lots entirely fronting turnaround areas of cul-de-sacs, the lot width shall be measured beginning at the front lot line and maintained for the entire minimum lot depth. For lots entirely fronting turnaround areas of cul-de-sacs, the lot width shall be measured beginning at the minimum required front setback line and maintained for the remaining portion of the minimum lot depth.

(Ord. of 12-5-2000, § 1; Ord. of 6-5-2001, § 10; Ord. of 11-6-2001, § 2; Ord. of 9-3-2002, § 2; Ord. of 12-2-2003, § 2; Ord. of 12-6-2006, § 1; Ord. of 2-3-2009, § 2; Ord. of 4-7-2009, § 3; Ord. of 12-7-2010, § 2; Ord. of 12-7-2010, § 5; Ord. of 12-1-2020(2), § 1)

Editor's note— Ord. of 2-3-2009, § 3, repealed § 9-8-4, which pertained to minimum lot size for small developments and derived from Ord. of 12-5-2000, § 1; Ord. of 2-6-2007, § 3.

Editor's note— An ordinance adopted Dec. 2, 2003, § 3, deleted former § 9-8-5 in its entirety, which pertained to bonus point calculations and derived from an ordinance adopted Dec. 5, 2000, § 1.

A.

The distance between any principal building and accessory building shall be a minimum of ten feet.

B.

An inner court providing access to a double-row dwelling group shall be a minimum of 20 feet.

C.

The distance between principal buildings shall be at least one-half the height of the tallest buildings; provided, however, that in no case shall the distance be less than 12 feet. This requirement shall also apply to portions of the same buildings separated from each other by a court or other open space.

(Ord. of 12-5-2000, § 1)

For developments of two or more acres, at least 15 percent of the lot area shall be dedicated to any combination of passive and/or active recreation space in RM-1 and RM-2 zones. The passive and active recreation space dedicated shall be included as part of the overall landscaping requirements.

(Ord. of 12-5-2000, § 1; Ord. of 12-2-2003, § 4)

This district is composed of certain lands in Athens-Clarke County owned by Athens-Clarke County (including mixed use developments wherein Athens-Clarke County owns the underlying fee simple interest in a parcel and other entities own related air rights or condominium interests), the State of Georgia, the United States, and their instrumentalities, and as such shall be used in accordance with such regulations as may be prescribed or established by contract by the government or instrumentality thereof using the same. If Government-zoned or Park-zoned property is sold to a private individual or individuals (or, in the case of such mixed use developments, when Athens-Clarke County no longer owns the underlying fee simple interest or any other interest in a parcel), such property shall be rezoned to a classification that is compatible with the Future Development Map designations of the subject property and/or surrounding area.

(Ord. of 12-5-2000, § 1; Ord. of 2-2-2010, § 1)

Editor's note— Ord. of Feb. 2, 2010, § 2, deleted § 9-9-2, which pertained to permitted uses and derived from Ord. of 12-5-2000, § 1; Ord. of 8-1-2006, § 7; Ord. of 8-1-2006, § 2.

This district is designed to stabilize, improve and protect the characteristics of those areas providing commercial commodities and services.

The following uses and their accessory uses are permitted as shown in the use table below:

Legend:

P = Permitted outright

S = Subject to approval under the special use procedures section

N = Prohibited use

L(1) = Permitted only on second story and above or in the basement level of the structure. At least 50 percent of the ground floor shall be leasable commercial space not used for parking, none of the ground floor shall be used for self-service storage, and the commercial space shall be accessed only through a publicly accessible building entrance. Access to residential dwellings shall not be through the designated area comprising the minimum 50% commercial space. Multifamily residential uses arranged in any other manner on a commercially-zoned property are permitted only as a special use permit. For C-D zone properties in the North Downtown Design Area, ground floor dwellings are permitted subject to the associated design standards and limitations found in section 9-10-6(D)(7) and are not subject to the commercial standards noted above in L(1).

L(2) = Uses are limited to no more than 2,500 square feet of gross floor area per lot.

In addition, Retail Sales and Service uses in the Milledge Avenue Corridor Special District Overlay shall be permitted only on lots with Milledge Avenue street frontage equal to or greater than the minimum lot width and only in buildings with primary orientation toward Milledge Avenue.

L(3) = Uses are limited to no more than 10,000 square feet of gross floor area per lot, except grocery stores, science research and development facilities, and colleges, which may have 36,000 square feet of gross floor area per lot; provided however multifamily dwellings and dwellings above businesses are permitted under L(1) above. Any development exceeding these parameters shall be subject to approval under the special use procedure section.

L(4) = Uses are limited to no more than 10,000 square feet of gross floor area per lot.

L(5) = Parking in more than 50 percent of the ground floor in a parking structure is not permitted.

L(6) = Light manufacturing of products sold on site permitted, area of manufacture not to exceed 1,500 square feet.

L(7) = Drive-through facilities are not permitted in these zones when located on Level One corridors, based on the Athens-Clarke County Corridor Designations Chart, as provided in section 9-25-8 J.

L(8) = Parking areas are permitted between the building and the street, provided that landscaping is included adjacent to the street pursuant to subsection 9-30-9 E.6. of this title.

L(9) = No more than 25 percent of required parking spaces are permitted between the building and the street.

L(10) = Class "A" Manufactured Homes on individual lots are permitted, subject to the following criteria:

1.

The portion of the lot upon which the manufactured home is to be located shall not exceed a slope of ten percent following excavation or fill.

2.

The manufactured home shall be multi-sectional, no less than 24 feet in width, and have a minimum enclosed floor area of 1,000 square feet.

3.

The manufactured home shall have a roof pitch of a minimum of three feet in height for each 12 feet in width.

4.

The manufactured home shall have no metal siding and shall have wood, wood-product, or vinyl siding and composition or metal roofing.

5.

The manufactured home shall be placed on an excavated and back-filled foundation, and the foundation shall be fully enclosed.

6.

The foundation area of the manufactured home shall be fully skirted in masonry.

L(11) = Shall follow the general regulations found in table 9-7-3 under the RS-5 zoning regulations, RS-5 tree canopy standards found in 8-7-15, RS-5 standards found in 9-26-3, and reviewed under 9-25-8.B standards. Lots of record existing prior to February 6, 2007 and subdivision plats submitted for approval prior to February 6, 2007 shall be exempt from the special use requirement.

L(12) = Refer to section 9-15-19 for regulations governing personal care homes.

L(13) = Special use approval in the Milledge Avenue Corridor Special District Overlay is not required for expansion of less than 40% of the heated floor space existing on April 6, 2010 for existing legal nonconforming uses on existing lots of record. Multiple expansions over time shall be added together to determine the percentage of expansion. The exception for expansion of less than 40% does not apply to currently existing special uses with binding site plans. In addition to the approval criteria for special uses provided in section 9-20-5, in evaluating the effect of a 40% or more expansion of an existing use or establishment of a new use in the Milledge Avenue Corridor Special District Overlay, the proximity to similar uses shall be a relevant factor to be considered in review of the proposed use.

L(14) = Temporary special events, as defined in section 9-2-1, are subject to, but not limited to, the following conditions:

1.

The boundary of the temporary special event, as described on the approved site plan, shall not be located within 300 feet of any RS (Single-Family Residential) zone or RM (Mixed Density Residential) zone.

2.

A temporary special event shall have a duration of not more than 72 consecutive hours, including setup and breakdown of the event.

3.

No more than two temporary special events may occur for any one property in each calendar year; a temporary special event shall not occur more frequently than once in a three-month period on the subject property.

4.

Sufficient improved or unimproved off-street parking, to be approved by the Planning Director, with access to be approved by the Department of Transportation and Public Works, shall be provided.

5.

All temporary special events shall apply for and obtain, if required, an Athens-Clarke County Special Events Permit per Chapter 6-5 and shall comply with all applicable local, state, and federal regulations.

L(15) = Refer to section 9-15-21 for more information concerning halfway houses.

L(16) = A bar, as defined in Section 9-2-1, is a permitted use if the maximum occupancy, as determined by the fire marshal, is 100 or fewer persons. A proposed bar occupancy exceeding this maximum occupancy shall be subject to approval under the Special Use procedures section.

(Ord. of 12-5-2000, § 1; Ord. of 5-7-02, § 1; Ord. of 4-1-2003, § 1; Ord. of 12-2-2003, § 3; Ord. of 8-2-2005, § 1; Ord. of 8-1-2006, § 8; Ord. of 8-1-2006, § 5; Ord. of 12-06-2006, § 1; Ord. of 2-6-2007, § 1; Ord. of 4-3-2007, § 5; Ord. of 6-5-2007, § 1; Ord. of 6-3-2008, § 1 Ord. of 4-6-2010, §§ 2, 3; Ord. of 4-5-2011, § 6; Ord. of 7-5-2011, § 1; Ord. of 10-2-2012, § 2; Ord. of 12-4-2012, § 8; Ord. of 2-5-2013, § 6; Ord. of 2-4-2014, § 6; Ord. of 2-3-2015, § 1; Ord. of 7-3-2018(3), § 3; Ord. of 12-4-2018(6), § 1; Ord. of 10-6-2020(1), § 1; Ord. of 2-2-2021(1), § 2; Ord. of 12-12-2022(4), §§ 1, 2; Ord. of 2-6-2024(3), § 7; Ord. of 12-5-2023(4), § 6; Ord. of 6-5-2024(1), § 1)

General regulations for all C zones are contained in the table below:

¹  Unless otherwise specified in section 9-15-9.

²  Except for lots entirely fronting turnaround areas of cul-de-sacs, the lot width shall be measured beginning at the front lot line and maintained for the entire minimum lot depth. For lots entirely fronting turnaround areas of cul-de-sacs, the lot width shall be measured beginning at the minimum required front setback line and maintained for the remaining portion of the minimum lot depth.

³  No more than 25% of the total number of dwellings within a multifamily development shall have four or more bedrooms per dwelling unit.

(Ord. of 12-5-2000, § 1; Ord. of 6-5-2001, § 11; Ord. of 11-6-2001, § 2; Ord. of 9-3-2002, § 2; Ord. of 12-6-2006, § 1; Ord. of 12-7-2010, § 6; Ord. of 12-4-2018(6), § 2)

In all areas within the C-D district, all uses other than residential and hotel uses are not required to provide off-street parking or loading areas. Residential uses are required to provide one space per dwelling unit for one and two bedroom dwelling units. Three and four bedroom dwelling units shall comply with the parking standards established in chapters 9-25 and 9-30. Hotel uses are required to provide one space per guestroom. Leasing of parking facilities for residential and hotel uses in an amount sufficient to meet the requirements of this title is permitted as long as the parking facilities are no more than 1,500 feet from the residential or hotel use.

(Ord. of 12-5-2000, § 1; Ord. of 6-5-2001, § 11.1; Ord. of 6-5-2007, § 4)

The purpose of reviewing developments of community significance is to provide for detailed review of commercial uses which have the potential for significant impact to the environment, to the value and use of the adjacent properties, public water and sewer services, roadway capacity and traffic patterns, the economy of Athens-Clarke County, or the public health, safety, and general welfare of Athens-Clarke County residents. This review is designed to ensure that future land uses are suitable to the demands and needs of the residents of Athens-Clarke County.

A.

Application of section. The provisions of this section shall apply to uses in the Commercial-General (C-G) zone that result in commercial developments totaling 200,000 square feet or more of gross leasable area; or uses that result in a building of 150,000 square feet or more of gross leasable area, whether by new construction or by expansion of existing uses; or land disturbance of 20 acres or more; and are determined to exceed additional thresholds defined in section 9-10-5 C.

B.

Submittal requirements. The following information shall be submitted in addition to the other submittal information required by this title:

1.

A detailed description of the proposed project and its design features;

2.

Potential impact on existing and projected traffic conditions;

3.

Impact on utilities and public services, including water, sewage, storm drains, solid waste disposal, police and fire protection, emergency services, schools, and other public services;

4.

Impact on the physical and ecological characteristics of the site and surrounding land, including wetlands, floodplain, vegetation, wildlife habitat, and other environmental conditions;

5.

Impact on the community, including but not limited to scenic, historic, or archaeological conditions, with regard to scale, placement, lighting, landscaping, signage, parking, use of open space and design of buildings and structures.

C.

Review thresholds for developments of community significance. Developments of community significance within this section will be reviewed based on the following thresholds.

1.

Level I uses are those that do not exceed the following criteria or do not require publicly funded infrastructure improvements; these are reviewed using the staff permit procedure.

a.

Water. If the following threshold is exceeded, the use shall be reviewed as a Level II:

(1)

Peak demand total of 100 GPM (gallons per minute); or

(2)

100,000 GPD (gallons per day).

(The above figures are not to be used for fire protection flow rates.)

b.

Wastewater. If any of the following thresholds are exceeded, the use shall be reviewed as a Level II:

(1)

Per requirements of the Unified Government of Athens-Clarke County Sewer Use Ordinance; or

(2)

Demand exceeding 100,000 GPD (gallons per day).

c.

Traffic. If the following are exceeded, the proposed use, within this category, must be reviewed as Level II:

(1)

Site allocation, as denoted on the traffic volume inventory located in the Athens-Clarke County Planning Department. All allocations are based on roadway capacity at level of service "D" for the road or street; or, lacking any site specific information, the following standards will be used:

(2)

1,000 peak hour trip ends; or

(3)

8,000 average weekday trip ends; or

(4)

Truck traffic comprising more than two percent of the site generated average weekday trip ends. Traffic generation rates will be based on the Institute of Traffic Engineers Trip Generation Manual (current edition).

d.

Stormwater. If stormwater runoff exceeds thresholds established by Athens-Clarke County stormwater management policies, the use shall be reviewed as Level II.

2.

Level II. All uses that exceed one of the locally specified criteria (water, wastewater, traffic, and stormwater) or that require locally funded infrastructure improvements. Level II uses shall be reviewed as a Type II procedure based on one of the following:

a.

Review by staff to determine if proposed use is within capacity ranges and does not necessitate additional governmental expenditure or use reserve capacity; or

b.

Review by staff resulting in a determination that the proposed use does exceed capacities or use reserves and is forwarded to government officials for decision and an agreed upon financing plan between the government and the petitioner.

D.

Design standards. Developments of community significance shall comply with the applicable commercial design standards outlined in chapter 9-25.

(Ord. of 12-5-2000, § 1)

A.

Design areas. For the purpose of this title, the C-D zone is divided into design areas as described in the "Alternative Compliance Guidelines for the CD Zone - Athens-Clarke County, Georgia," (hereinafter "Alternative Compliance Guidelines"), dated June 5, 2007, adopted herein by reference, and available for public inspection in the offices of the Athens-Clarke County Planning Department and the Clerk of Commission.

Downtown Historic District

West Downtown

East Downtown

Dougherty Street

River

West End

North Downtown

B.

Design area boundaries. The location and boundaries of the design areas in the Commercial-Downtown (C-D) zoning district listed in paragraph (A.) above are delineated on the Official Zoning Map of Athens-Clarke County, Georgia. The Official Zoning Map of Athens-Clarke County, Georgia, constituting the component part of the Zoning Ordinance of Athens-Clarke County, Georgia, by virtue of and in compliance with section 9-3-3 and section 9-3-6 thereof, is hereby amended by adding the boundaries of said design areas within the C-D zoning district to the Zoning Map, adopted contemporaneously herewith. When uncertainty exists with respect to the location of the boundaries of any design area in the C-D zone, the rules of section 9-3-4, concerning zoning district boundary lines, shall apply in determining design area boundary lines. The boundary limits of individual design areas shall be completely contained within the C-D zone. In the event that a parcel is rezoned to the C-D designation, the Mayor and Commission contemporaneously with such rezoning shall assign a design area to such parcel. Such determination shall be based upon the parcel's proximity to an existing design area and characteristics of the existing design area that are similar to those of the rezoned parcel.

C.

Site design standards.

1.

Maximum building setbacks. The maximum building setback from a property line adjacent to all street rights-of-way (not including alleys) shall be as follows:

¹ The minimum percentage of the front wall plane between the street right-of-way and the maximum building setback line. The maximum length of a wall, set at an angle not exceeding 45 degrees to the street right-of-way and set back further than the maximum front setback line, shall not exceed 50 feet.

2.

Parking structures. Any structured parking shall have leasable and occupiable commercial or residential uses between the property line and parking at street level. These other uses shall extend a minimum of 70 percent of the linear street frontage of the structure.

3.

Surface parking lots.

a.

Accessory surface parking areas shall not be located in the front yard or the side yard adjacent to a street (not including alleys).

b.

A surface parking lot as a principal property use shall comply with the following setback requirements:

c.

A landscape buffer shall have a minimum depth of 10 feet between a street right-of-way (not including alleys) and the parking area. The landscape buffer shall incorporate a sight-obscuring hedge screen, which shall grow to be at least 24 inches and no more than 42 inches higher than the finished grade of the parking area, except for required vision clearance areas. Screen plantings shall be of such size and number to provide the required screening within 12 months after installation. Adequate provisions shall be made to protect plant materials from being damaged by vehicles using the parking area.

d.

Surface parking areas shall be shaded by trees in accordance with section 8-7-15(J).

e.

Raised pedestrian walkways shall be installed through surface parking areas of 50 or more spaces or more than 100 feet in average width or depth.

f.

Surface parking lots with 50 spaces or more shall be divided into separate areas divided by landscaped areas or walkways at least ten feet in width or by a group of buildings.

4.

Public sidewalks shall be provided adjacent to a public street along the street frontage.

5.

Trash storage areas, mechanical equipment, and similar areas shall be screened from view from adjacent public rights-of-way.

6.

Outdoor storage areas and loading facilities shall be screened from view from adjacent public rights-of-way.

7.

Transit amenities, bus shelters, and pullouts shall be required in accordance with the Athens-Clarke County Transit Service.

8.

Retaining walls in a front yard, rear yard, or side yard adjacent to a public right-of-way or private street shall be set back from a public right-of-way a minimum of two feet for every foot of wall height above three feet in height, as measured parallel to the right-of-way and accounting for any linear changes in height. No portion of a retaining wall shall exceed ten feet in height. A terrace is required between a lower retaining wall and an upper wall and the terrace area shall have a minimum five-foot depth as measured from the upper grade of the lower retaining wall to the base of the upper retaining wall. Retaining walls over five feet in height shall be screened by a landscape buffer meeting the standards of section 9-10-6-D-(4)(b)(3); however, wall art, including murals, sculptural or other decorative treatment of exterior walls may extend for a maximum of 50 percent of the wall length. Acceptable exterior finish materials include, but are not limited to, stucco, split face blocks, brick, stone, glass blocks, curved interlock blocks, wood, tubular steel, wrought iron bars or other grill work, textural or scored poured concrete, engineered "green" or vegetative wall as approved by the planning director, or a combination of these materials. Exposed flat-face CMU blocks and EIFS stucco are prohibited.

9.

Chain-link and opaque wood fencing are not allowed in any yard adjacent to a street.

D.

Building design standards.

1.

Horizontal definition of the building facade. First and second floor levels of a wall of a building that faces a public street shall be horizontally defined with clearly distinguishable horizontal details, which shall extend for a minimum of 70 percent of the wall length. A horizontal element shall define the first floor and the second floor. The required horizontal articulation may be achieved by using one of the following methods:

a.

A molding, ornamental trim, window casing or sill that projects a minimum of three inches from the primary wall surface, and/or

b.

A setback in the primary wall plane at the second and/or third floor level, a minimum of five feet from the floor below, and/or

c.

A permanently affixed canopy, extending a minimum of four feet from the building face, and/or

d.

A horizontal fascia that defines floor structure between the first and second floors, and/or

e.

An eave of a porch, portico, or other similar element, which extends a minimum of 18 inches from the building face.

Examples of horizontal definition achieved through use of moldings, changes in wall plane, canopies and a spandrel beam. The moldings and canopies shown would each independently meet the requirement for horizontal articulation extending 70 percent of the wall length.

2.

Vertical definition of building modules. Vertical definition shall be provided at a minimum of every 40 feet of facade length, using one or more of the following methods:

a.

A molding, ornamental trim, or window casing projecting a minimum of three inches from the primary wall surface and is a minimum of three inches wide, and/or

b.

A setback in the primary wall plane a minimum of three feet from the building face and for a minimum width of three feet.

3.

Primary entrance. The primary public entrance of a building and/or each ground floor tenant space facing a street shall be directly linked to a public sidewalk. For ground-floor dwellings facing a street, a maximum allowance of two tenant spaces may share the same direct link. The primary entrance shall be positioned no more than five feet above the finished grade at the front of the building.

a.

Buildings shall incorporate lighting and changes in mass, surface or finish to give emphasis to entrances.

b.

Building shall incorporate arcades, roofs, alcoves, porticoes and/or awnings at public entrances that protect pedestrians from the rain and sun.

4.

Transparency. A minimum percentage of any wall facing a public street shall have openings accounting for the percentages provided below and use transparent glass in those openings, unless directly associated with open unenclosed parking structures:

a.

Transparency at the ground floor level shall be measured from the finished building grade at the street to ten feet above grade for the entire width of the wall.

b.

The following alternative design treatments may be used, singularly or in combination, to meet half of the transparency requirement per elevation at the street level:

(1)

A display case, defined as a box with transparent glass facing the street with a solid panel behind for display of products and images of goods and services offered in the area.

(2)

Wall art, including murals, sculptural and other decorative treatment of exterior walls.

(3)

Landscaping, which is to be at least three feet high at the time of planting and of a type that will produce an opaque, evergreen planting screen capable of growing to a height of at least six feet within three years.

c.

Windows must allow views into working areas or lobbies, pedestrian entrances or display areas.

5.

Building materials. No more than 25 percent of a wall surface, singularly or in combination, may be of plaster, stucco, or metal sheet siding. Metal siding shall be prohibited on the first floor, except for fabricated architectural metal siding panels with a gauge value of 24 or less and without exposed fasteners after installation is complete.

Plain concrete block (CMU), synthetic stucco (e.g., EFIS), mirror glass, and tinted glass with a tint of 20 percent gray or greater are prohibited exterior building materials.

6.

All properties in the "C-D" zone shall have a minimum floor area (FAR) ratio of 0.40. Expansions of existing development for which at least 50 percent of the original structure is retained are exempt from the minimum FAR. Plazas and pedestrian areas, conforming to the standards of section 9-25-8-F.2, shall count as floor area for the purpose of meeting the minimum FAR. Reductions of the lot area calculation shall be allowed for flood plain, bodies of open water, wetlands, riparian buffers, slopes greater than 25 percent, buffers required by section 9-15-3, and public utility easements, if these areas remain vegetative or landscaped.

7.

Ground-floor dwellings are permitted in the North Downtown Design Area without a special use permit, subject to the following standards:

A.

Each ground-floor dwelling with an exterior elevation facing a street shall have direct pedestrian access to the street and public sidewalk.

B.

Ground-floor dwellings shall be a minimum distance of 50 feet from the street listed below, as measured from the nearest wall of the residential unit to the nearest street right-of-way, and have leasable and occupiable nonresidential space between the dwellings and right-of-way of such streets at street level, which shall extend a minimum of 70 percent of the linear street frontage of the structure.

College Avenue

E.

Alternative compliance. Except for properties within the Downtown Historic District, applicants may request alternatives to compliance with the design standards of this section through a design review process guided by the separate Alternative Compliance Guidelines for the C-D Zone. Applications for alternative compliance will be processed through the Type III procedure described in Chapter 9-4 (Procedures). The Planning Commission shall review alternative compliance applications in light of any comments received from the public, the intent of the standards of this section, and the applicable design guidelines. An alternative compliance application may be approved upon a finding by the Planning Commission that:

1.

The request would result in public benefits greater than any negative impacts; and

2.

The request is consistent with the goals, objectives, and policies set forth in the Comprehensive Plan of Athens-Clarke County; and

3.

The request is consistent with the attributes of the Downtown and of the Design Area described in the Alternative Compliance Guidelines; and

4.

The request conforms to the relevant Alternative Compliance Guidelines.

Projects located within the Downtown Historic District shall be reviewed by the Athens-Clarke County Historic Preservation Commission and be subject to their approval as well as meeting the criteria established in this title. In the event of a conflict between C- D Zone Design Standards and the decision of the Historic Preservation Commission, the historic preservation ordinance shall apply.

(Ord. of 6-5-2007, § 5; Ord. of 2-3-2009, §§ 1, 2; Ord. of 2-2-2021(1), §§ 3—10)

The purpose of this district is to provide for a variety of uses such as office or manufacturing in an aesthetic environment and having a minimal impact on surrounding uses.

(Ord. of 12-5-2000, § 1)

The following uses and their accessory uses are permitted as follows in these districts:

Legend:

P = Permitted outright.

S = Subject to approval under the special use procedures section.

N = Prohibited use.

L(1) = Uses are limited to no more than 10,000 square feet of gross floor area per lot. Shopping centers are not permitted.

L(2) = When within 200 feet of a residential zone, approval of this use is subject to a special use process.

L(3) = Total residential square footage shall not exceed 20 percent of the total square footage of the development. Site design criteria, pursuant to chapter 9-25 included herein, shall apply to residential uses.

L(4) = Agriculture and the keeping of livestock, except swine, is permitted provided that:

1.

No livestock shall be kept on any lot less than one acre in area.

2.

No more than two head of livestock over the age of six months may be maintained per acre.

3.

Barns, stables, and other buildings and structures to house said livestock shall not be located closer than 50 feet to any property line.

4.

The property has not previously been developed with a use permitted by an underlying zoning classification other than AR.

L(5) = Parking areas are permitted between the building and the street, provided that landscaping is included adjacent to the street pursuant to sections 9-11-6(D) and 9-30-9(E)(6).

L(6) = Commercial Outdoor Recreation uses that involve overnight accommodations, such as camping and RV parks, are subject to the special use process.

L(7) = A maximum of one detached residential unit, designed for and occupied by one family only. The structure must be accessory and subordinate to a single-family dwelling and located on a tract of land that is at least twice the minimum lot size for the district in which it is located, and conforms to the standards outlined in this title. The accessory dwelling structure must: (1) be located entirely in the rear yard of the principal residential structure; (2) have gross square footage that is 50% or less of the habitable square footage of the principal residential structure; and (3) have fewer bedrooms than the principal residential structure.

L(8) = Temporary special events, as defined in section 9-2-1, are subject to, but not limited to, the following conditions:

1.

The boundary of the temporary special event, as described on the approved site plan, shall not be located within 300 feet of any RS (Single-Family Residential) zone or RM (Mixed Density Residential) zone.

2.

A temporary special event shall have a duration of not more than 72 consecutive hours, including setup and breakdown of the event.

3.

No more than two temporary special events may occur for any one property in each calendar year; a temporary special event shall not occur more frequently than once in a three-month period on the subject property.

4.

Sufficient improved or unimproved off-street parking, to be approved by the Planning Director, with access to be approved by the Department of Transportation and Public Works, shall be provided.

5.

All temporary special events shall apply for and obtain, if required, an Athens-Clarke County Special Events Permit per Chapter 6-5 and shall comply with all applicable local, state, and federal regulations.

(Ord. of 12-5-2000, § 1; Ord. of 5-7-2002, § 2; Ord. of 8-5-2003, § 1; Ord. of 2-3-2004, § 1; Ord. of 8-1-2006, § 9; Ord. of 8-1-2006, § 2; Ord. of 6-3-208, § 1; Ord. of 2-3-2009, § 4; Ord. of 4-5-2011, § 7; Ord. of 12-4-2012, § 9; Ord. of 2-4-2014, § 7; Ord. of 12-12-2022(5), § 1; Ord. of 12-5-2023(4), § 7; Ord. of 2-6-2024(3), § 8)

The following uses and their accessory uses are permitted when authorized in accordance with the chapter on special use permits:

A.

Shopping centers or department stores on parcels not located on an arterial street as designated in Athens-Clarke County's Comprehensive Plan.

B.

Any use in an E-O zone which involves outside storage of merchandise, raw materials, or other material associated with the primary use on the site.

C.

There shall be no manufacturing, retailing, or other activity on the site which is not entirely conducted within a building, except in the I zone, and except as specifically permitted through the Special Use process.

(Ord. of 12-5-2000, § 1)

¹ Unless otherwise specified in section 9-15-9.

² Except for lots entirely fronting turnaround areas of cul-de-sacs, the lot width shall be measured beginning at the front lot line and maintained for the entire minimum lot depth. For lots entirely fronting turnaround areas of cul-de-sacs, the lot width shall be measured beginning at the minimum required front setback line and maintained for the remaining portion of the minimum lot depth.

(Ord. of 12-5-2000, § 1; Ord. of 11-6-2001, § 2; Ord. of 6-3-2008; § 1; Ord. of 12-7-2010, § 7)

A.

Industrial uses. Performance standards for uses in the E-I (Employment-Industrial) and the I (Industrial) zones are designed to accomplish the intent of these districts. That intent protects both the community and proposed uses from abuse and negative impacts, while encouraging appropriate development to occur. To that end, industrial uses in the E-I (Employment-Industrial) and the I (Industrial) zones are determined to be permitted through several thresholds. Three threshold levels exist that will be reviewed either as a site review or special use permit. Level I uses are those that do not exceed specified criteria and do not require governmental funded infrastructure improvements; these are reviewed as site reviews. Level II uses are those that have exceeded the minimum thresholds for Level I or require governmental funding of infrastructure improvements; this is a site review decision. Level III uses are those that are specifically listed within this section or uses that exceed Level II requirements, and will be reviewed as a special use permit. Uses which exceed any of the thresholds are not automatically prohibited, but instead require additional review by the assigned decision-maker, according to level.

1.

Level I. All uses are permitted, provided that they do not exceed the following criteria, do not require governmental funded infrastructure improvements and are not defined in Level III.

a.

Water. If the following threshold is exceeded, the use shall be reviewed as a Level II:

(1)

Peak demand total of 200 GPM (gallons per minute); or

(2)

250,000 GPD (gallons per day).

(The above figures are not to be used for fire protection flow rates.)

b.

Wastewater. If any of the following thresholds are exceeded, the use shall be reviewed as a Level II:

(1)

Site specific allocations; or

(2)

Per requirements of the Unified Government of Athens-Clarke County Sewer Use Ordinance; or

(3)

Demand exceeding 100,000 GPD (gallons per day).

c.

Vibration (ground or air transmitted). If the following standards are exceeded, the proposed use(s), within this category, must be reviewed as Level II:

(1)

Adjacent to nonresidential properties:

Frequency
Peak Particle Velocity
>40 hz
¾" per sec.*
>40 hz
2" per sec.*
*Measured at the property line

(2)

Adjacent to residential properties: Peak particle velocity 0.25" per second or 115 dbl (decibel peak linear), measured outside at ground level at closest residential structure. It is the intent of this section to regulate ground or air vibration in such a manner as to prohibit structural damage to adjacent uses.

d.

Fire and explosion. Per requirements of current local and state fire regulations.

e.

Traffic. If the following are exceeded, the proposed use, within this category, must be reviewed as Level II:

(1)

Site allocation, as denoted on the traffic volume inventory located in the Athens-Clarke County Planning Department. All allocations are based on roadway capacity at level of service "D" for the road or street; or, lacking any site specific information, the following standards will be used:

(2)

100 peak hour trip ends; or

(3)

Truck traffic comprising fifty percent or more of the site generated average weekday trip ends.

Traffic generation rates will be based on the Institute of Traffic Engineers Trip Generation Manual (current edition).

f.

Solid waste generation. Site specific criteria or 2,000 pounds per day of solid waste transported to landfill(s) under management of Athens-Clarke County.

g.

Odor. No use shall be operated so as to produce the emission of objectionable or offensive odors in such concentration as to be readily perceptible at any point along the lot line of the property on which the use is located. It is the intent of this section to regulate odor in a manner to prohibit it from exceeding levels that would become a nuisance or hazard to adjacent property.

h.

Noise. Noise levels shall comply with the following:

Noise levels are measured as constant, consistent sounds and not intermittent noise. All measurements shall be taken at property lines. It is the intent of this section to regulate noise in a manner to prohibit it from exceeding levels of sound that could become a nuisance or hazard to adjacent property.

i.

Glare. Glare or light from any operation and all lighting for parking areas or for the external illumination of buildings or grounds shall be directed or located in a manner such that direct or indirect illumination from the source of light shall not exceed one-half foot-candle measured at any residential lot line. Outside lights for nonresidential properties/uses must be made up of a light source and reflector so that acting together the light beam is controlled and not directed across an adjacent property. It is the intent of this section to prevent light from spilling over to adjacent properties in amounts that can create negative impacts.

j.

Stormwater. Regulated by Athens Clarke County stormwater management policies.

2.

Level II. All uses, except those outlined in Level III, that exceed one of the locally specified criteria (water, wastewater, vibration, fire and explosion, traffic, solid waste, odor, noise, glare and stormwater) or that require locally funded infrastructure improvements. The decision as to whether it is an allowable use will be based on one of the following:

a.

Review by staff to determine if proposed use is within capacity ranges and does not necessitate additional governmental expenditure or use reserve capacity; or

b.

Reviewed by staff and does exceed capacities or use reserves and is forwarded to government officials for decision and an agreed upon financing plan between the government and the potential industry.

3.

Level III.

a.

Uses. Uses in Level III will be those uses not covered by Levels I and II plus those principle uses listed below:

(1)

Airports and landing fields;

(2)

Reserved;

(3)

Reserved;

(4)

Explosives, including fire works manufacture or storage in bulk quantities;

(5)

Garbage, offal, dead animal reduction or dumping;

(6)

Reserved;

(7)

Reserved;

(8)

Reserved;

(9)

Stock yards, commercial;

(10)

Conversion of energy by nuclear fusion or fission;

(11)

Reserved.

The aforementioned uses shall only be permitted by review through the special use procedure in chapter 9-20.

(Ord. of 12-5-2000, § 1; Ord. of 9-4-2001, § 2; Ord. of 8-1-2006, § 10; Ord. of 12-5-2023(4), § 8)

A.

All outside storage must be completely screened from view from adjacent properties and the street(s).

B.

Loading docks must be located to the side or rear of the building unless the loading area is completely screened from the street.

C.

Site must be designed to permit on-site maneuvering of all vehicles (no backing in from street).

D.

Front yard landscaping. A minimum of 25 percent of the designated front yard set back shall be landscaped with a combination of trees, shrubs, and ground cover. The remainder of the front yard set back shall be vegetated, which may be grass or other ground cover.

E.

Riparian buffers for the I (Industrial) zone. Developments in the I (Industrial) zone must observe a minimum buffer of 150 feet (measured horizontally from uppermost part of the river, stream or lake bank usually marked by a break in slope) from all perennial rivers, lakes, and streams identified on the Athens-Clarke County Environmental Areas Map. Buffers are to be maintained in accordance with section 8-6-8, "Land Disturbing Activity Standards for Riparian Buffer Areas," of the Code of Athens-Clarke County, Georgia.

(Ord. of 12-5-2000, § 1; Ord. of 9-4-2001, § 3)

The mayor and commission of Athens-Clarke County hereby enacts into law the following special district overlays for the following purposes:

A.

Promote the health, safety and general welfare of the present and future inhabitants of Athens-Clarke County, Georgia;

B.

Improve Athens-Clarke County's appearance;

C.

Provide adequate light, air, and vistas;

D.

Prevent urban sprawl, and to protect against blight and depreciation;

E.

Encourage the most appropriate use of land, buildings and other structures;

F.

Encourage the development of an economically sound and stable community so as to help conserve and protect the natural, economic and scenic resources of Athens-Clarke County;

G.

Protect and enhance certain specific lands and structures which, by virtue of their type or location, have characteristics which are distinct from lands and structures outside such special districts, permitting, insofar as possible, those uses and structures which would otherwise be permitted, provided that reasonable and necessary conditions are met which insure the protection and enhancement of said lands and structures;

H.

Secure economy in government expenditures;

I.

Other purposes, all in accordance with the Official Future Development Map of Athens-Clarke County; and

J.

Specifically protect and enhance the following:

K.

Special district overlays, as adopted by the mayor and commission.

(Ord. of 12-5-2000, § 1; Ord. of 7-1-2008, § 10)

The special district overlays established in this title operate by establishing design guidelines to effectuate the purpose of the district. In the event of a conflict between the underlying zoning designation and the special district overlay, the provisions of the special district overlay shall apply.

Land lying within a special district shall remain part of the underlying zoning designation established by other provisions of the Athens-Clarke County Zoning Ordinance, and may, in addition, lie in one or more overlay districts in accordance with the designation of each.

(Ord. of 12-5-2000, § 1)

Amendments to this title, or to the zoning map, shall be adopted as a type I procedure. Every recommendation for the creation of a special district overlay, or addition of land thereto, shall address the following, as applicable:

A.

A statement of purpose shall specify the nature of the special and substantial public interest and public welfare involved and objectives to be promoted by creation of the special district overlay and imposition of the regulations and design guidelines proposed therefore.

B.

Proposed district boundaries shall be depicted on one or more maps, including the official zoning map of Athens-Clarke County, which shall also display all other zoning districts, applicable to the property proposed for inclusion in the district.

C.

Regulations or design guidelines proposed to promote the special purposes of the special district.

D.

Regulations or design guidelines for any special district shall be designed to reasonably promote the purposes of the district, and may require or address any of the following, in addition to or in lieu of other regulations affecting property within the special district.

1.

Protection of features designated as being of special concern within the district;

2.

Mixtures or limitations or permitted uses;

3.

Special performance standards and development regulations;

4.

Other matters as appropriate to promote the special public interests of the district.

E.

Development plans for any proposed project within a special district overlay require review and approval by the director of the Athens-Clarke County Planning Department. The director shall review the plans in consultation with other departments of Athens-Clarke County or state agencies to ensure compliance of the plans with all applicable regulations, ordinances, and laws.

F.

Application contents. All applications and materials for review of development plans by the director of the Athens-Clarke County Planning Department must be submitted to the Athens-Clarke County Planning Department. Following the submission of a complete application form, the director of the Athens-Clarke County Planning Department within 15 days shall reach a decision. In order to be considered three copies of a complete application and three copies of a binding development plan for proposed construction must be approved. The binding development plan must contain the following:

1.

Project name.

2.

Project owner. All corporate owners having ten or fewer shareholders shall list the names of all stockholders. If a named stockholder therein is another corporation, the same information shall be given for the stockholding corporation. All corporate owners shall also list the names of the officers of the corporation. All partnerships, limited partnerships, or limited liability companies shall list the names of the partners and managers of the business entity.

3.

Project owners' address.

4.

Date, scale and north arrow on all submitted plans and drawings.

5.

Property lines and dimensions and bearings.

6.

Required setbacks.

7.

Location of all existing and proposed buildings.

8.

Elevation drawings for all proposed alterations to existing buildings, including drawings of architectural details and materials.

9.

Location, name and width of all existing or proposed streets.

10.

Topography at five-foot contour intervals.

11.

Location of all driveways and off-street parking serving the project.

12.

Location and plans for all proposed buffers, screening materials, or other landscape features.

13.

Location of creeks, streams, ponds, lakes, and other waterways.

14.

Dumpster locations.

15.

Location, height fixture type and wattage of site lighting.

16.

Heights of existing and proposed buildings.

17.

Any other information or data requested by the director of the Athens-Clarke County Planning Department or identified in the specific special overlay district in order to understand and evaluate the project.

G.

After review and approval by the director of the Athens-Clarke County Planning Department, any adjustment or amendment submitted to the binding development plans by the petitioner, beyond those recommended by the director of the Athens-Clarke County Planning Department, shall be considered a new application. If the director of the Athens-Clarke County Planning Department recommends changes to the binding development plan, and the applicant decides to include such changes to his or her request, then the said petitioner must make appropriate changes to the binding development plan and submit said plans to the Athens-Clarke County Planning Department staff for review and approval.

H.

The denial of an application for a development plan shall be binding upon any Athens-Clarke County official charged with issuing permits related to said plan, and, in such a case, no permit shall be issued or approval given.

I.

Upon approval of a special district overlay, a map of the district boundaries shall be incorporated into the zoning maps of Athens-Clarke County.

(Ord. of 12-5-2000, § 1)

Projects located within a district or area designated under the Athens-Clarke County Historic Preservation Ordinance shall be reviewed by the Athens-Clarke County Historic Preservation Commission and be subject to their approval as well as meeting the criteria established by the special overlay district. In the event of a conflict between special overlay district regulations and the decision of the historic preservation commission, the historic preservation ordinance shall apply.

(Ord. of 12-5-2000, § 1)

The mayor and commission of Athens-Clarke County hereby enacts into law the following special district overlay for the following purposes:

A.

Purpose.

1.

Promote the health, safety and general welfare of the present and future inhabitants of Athens-Clarke County, Georgia;

2.

Protect certain single-family, single-family attached, and two-family residences on existing lots of record which were previously approved and developed in compliance with the terms, regulations, and standards which were in effect at the time of approval.

B.

General standards. The RM-LTD Special District Overlay established in this title operates by establishing permitted uses that are designed to effectuate the purpose of this special overlay district. In the event of a conflict between the underlying zoning designation and the special district overlay, the terms of the underlying zoning designation shall apply unless in conflict with the uses permitted herein.

C.

Permitted uses. The following uses are permitted in the RM-LTD Special Overlay District.

1.

This district is intended to permit the reconstruction of single-family, single-family attached, and two-family residences on existing lots of record within the building footprint of the pre-existing structure as previously permitted in the repealed RG zoning districts.

2.

Any single-family, single-family attached, or two-family residences on existing lots of record approved and constructed prior to the date of adoption of this title, or reconstructed in accordance with the terms of the RM-LTD Special Overlay District, shall be exempt from the definition of family restrictions in AR and RS zones per Section 9-15-18.

(Ord. of 12-5-2000, § 1; Ord. of 6-4-2013, § 1)

The mayor and commission of Athens-Clarke County hereby enacts into law the Gaines School Road Corridor Special District Overlay (GSRC) for the following purposes:

A.

Purpose and intent. The purpose of the Gaines School Road Corridor Special District Overlay is to address issues of public safety, health, and general welfare, including controlling the visual and architectural character of the Gaines School Road corridor through the use of design requirements in order that new development is visually compatible with the existing residential neighborhoods adjacent to Gaines School Road Corridor and that the permitted uses are compatible with the adjacent neighborhoods. While the underlying zoning district designation generally provides for the allowed uses, the district overlay requires that new construction maintain residential character within the corridor by limiting the mass of proposed structures, encouraging building groups, providing for landscaped yards and open areas.

B.

The Gaines School Road Corridor Special District Overlay (GSRC) boundaries are established to include those properties with frontage on Gaines School Road at the time of the adoption of this ordinance. The boundaries of this special use district are from the intersection of Gaines School Road with Cedar Shoals Drive south to and including the tracts of land located at 175 Gaines School Road on the southern side of the right-of-way and 180 Gaines School Road on the northern side of the right-of-way, all as more specifically designated on the Official Zoning Map of Athens-Clarke County, Georgia, as shown on Attachment A hereto. The Official Zoning Map of Athens-Clarke County, constituting the component part of the Zoning Ordinance of Athens-Clarke County, Georgia, by virtue of and in compliance with section 9-3-3 and section 9-3-6 thereof, is hereby amended by adding the GSRC (Gaines School Road Corridor Special District Overlay) as a zoning district to the legend to said map, as shown on Attachment A hereto. The date of this amendment to the Official Zoning Map of Athens-Clarke County as shown by Attachment A shall be noted on said Official Zoning Map in the clerk of commission's office and duly noted in the minutes of the commission meeting.

C.

Permitted uses.

1.

Retail sales and service. The following would be permitted in the Gaines School Road Corridor Special District Overlay:

a.

Arts and crafts shops.

b.

Book, stationary, card, and gift shops.

c.

Barber shops, beauty parlors and other similar personal service establishments.

d.

Flower shops.

e.

Garden supply and greenhouses.

f.

Interior decorator.

g.

Travel agencies.

h.

Small appliance repair shops.

i.

Other uses as may be determined by the planning director and/or planning commission to be similar and compatible with the above listed permitted uses.

All other retail uses in the Gaines School Road Corridor Special District Overlay will require a special use permit pursuant to the provisions of chapter 9-20 (Special Uses) as a Type II procedure for approval by the Athens-Clarke County Mayor and Commission to insure compatibility with the surrounding neighborhoods and satisfaction of all other requirements of chapter 9-20.

2.

Exceptions. The following uses are not permitted in the Gaines School Road Corridor Special District Overlay:

a.

Convenience store;

b.

Laundry facilities.

D.

General standards.

¹  Except for lots entirely fronting turnaround areas of cul-de-sacs, the lot width shall be measured beginning at the front lot line and maintained for the entire minimum lot depth. For lots entirely fronting turnaround areas of cul-de-sacs, the lot width shall be measured beginning at the minimum required front setback line and maintained for the remaining portion of the minimum lot depth.

E.

Gaines School Road Corridor Special District Overlay buffer requirements: Landscape buffers shall be utilized to protect the residential neighborhoods surrounding the Gaines School Road Corridor Special District Overlay from the allowed uses within that special district overlay.

1.

Within the Gaines School Road Corridor Special District Overlay, buffers shall be installed on the lot with the more intensive or nonresidential use along the common lot lines for the following:

a.

Any non-residential use, with the exception of agriculture, abutting any residential use or residential zoning district with the exception of the Agricultural Residential (AR) Districts.

b.

Any development of a multi-family dwelling or dwellings adjacent to single-family dwellings or any Single Family Residential (RS) Districts.

2.

Within the Gaines School Road Corridor Special District Overlay, one of the following types of buffer or a combination of the following types of buffers, shall be utilized to provide the required buffer:

a.

Landscape buffer strip: A buffer strip at least 30 feet wide, densely planted with a mix of trees and shrubs a minimum of three feet high at the time of planting, of a type that will possess growth characteristics of such a nature as to produce a dense, compact evergreen planting screen capable of growing to a height of at least six feet within three years. A landscape plan identifying all plants to be incorporated in the buffer strips must be approved by planning staff prior to any site construction. Planning staff may require additional planting to acquire a uniform buffer strip.

b.

Landscape buffer wall: A buffer strip at least 15 feet wide, containing an opaque wall or barrier or uniformly painted fence at least six feet in height. The framework for newly constructed fences and walls shall face toward the builder's property. Buffer strips shall have eight feet of landscape plantings on the exterior, finished side of the wall and shall be planted with appropriate trees, shrubs, and ground cover as to provide a transition from the wall to both edges of the buffer strip. A landscape plan identifying the location and construction of the wall or barrier and all plants to be incorporated in the buffer strip must be approved by planning staff prior to any site construction. Planning staff may require additional planting to acquire a uniform buffer strip.

3.

Prescribed fences and walls may not be waived; the provisions for such waivers found in section 9-15-3 C.1. of the Zoning Code of Athens-Clarke County, shall not apply within the Gaines School Road Corridor Special District Overlay.

F.

Lighting requirements. Where any non-residential use is proposed within the Gaines School Road Corridor Special District Overlay and the subject parcel abuts a single family dwelling, multi-family dwelling, a Single-Family Residential (RS) District or a Mixed Density (RM) District, then any lighting utilized on the subject parcel (where the non-residential uses is to be established) shall be fully shielded and directed so as to protect the adjacent residential use or district from direct or reflected glare.

G.

Architectural standards. In addition to design requirements found within this title, buildings are subject to the following site design requirements:

1.

Buildings shall utilize at least two of the following design features to provide visual relief along the front (facade) of the structure:

a.

Dormers

b.

Gables

c.

Recessed entries

d.

Covered front porches

e.

Pillars or posts

f.

Bay window (min. 24-inch projection).

2.

Primary entries shall be accessed directly from the public street and sidewalk.

3.

Windows shall be provided with trim and molding. Windows shall not be flush with the exterior wall treatment.

4.

The pitch of a structure's roof shall have a minimum vertical rise of 2½ feet for every 12 feet of horizontal run, and the roof is finished with a type of shingle that is commonly used in standard residential construction or a standing seam metal roof.

5.

Exceptions. The site design requirements found in section 9-25-8 E.1.i do not apply in the Gaines School Road Corridor Special District Overlay.

(Ord. of 6-5-2001, § 2; Ord. of 9-3-2002, § 2; Ord. of 8-2-2005, § 2; Ord. of 12-7-2010, § 8)

Editor's note— Attachment A of an ordinance adopted June 5, 2001, which is referred to in section 9-12-6 above, has not been included in this Code, but may be found attached to said ordinance, on file in the office of the clerk of commission.

A.

Purpose and intent. The purpose of the Milledge Avenue Corridor Special District Overlay is to address issues of public safety, health, and general welfare, including controlling the visual and architectural character of the Milledge Avenue Corridor Special District Overlay. The use of design requirements will help to ensure that new development is visually compatible with the existing historic character of Milledge Avenue and the adjacent residential neighborhoods and that the permitted uses are compatible with the adjacent neighborhoods. Special use requirements will help provide a balanced mix of uses within the Milledge Avenue Corridor and help ensure that the future establishment of or expansion of institutional residential uses or boarding house or dormitory uses will not overly-dominate the character of the Milledge Avenue Corridor and will help ensure future compatibility of these uses with adjacent residential neighborhoods. While the underlying zoning district designation generally provides for the allowed uses, the district overlay requires that new construction maintain residential character within the corridor by limiting the location of parking and stormwater management facilities, as well as providing for landscaped yards and open areas.

B.

Boundaries. The Milledge Avenue Corridor Special District Overlay (MAC) boundaries include those properties with frontage on Milledge Avenue or parcels adjacent to properties with frontage on Milledge Avenue at the time of the adoption of this ordinance. The boundaries of this special district overlay begin at the intersection of South Milledge Avenue and West Broad Street and continue south to the intersection of South Milledge Avenue and South Lumpkin Street, and are specifically designated on the Official Zoning Map of Athens-Clarke County, Georgia, as shown on Attachment A hereto. The Official Zoning Map of Athens-Clarke County, constituting the component part of the Zoning Ordinance of Athens-Clarke County, Georgia, by virtue of and in compliance with section 9-3-3 and section 9-3-7 thereof, is hereby amended by adding the MAC (Milledge Avenue Corridor Special District Overlay) as a zoning district to the legend of said map, as shown on Attachment A hereto. The date of this amendment to the Official Zoning Map of Athens-Clarke County as shown by Attachment A shall be noted on said Official Zoning Map in the Clerk of Commission's office and duly noted in the minutes of the Mayor and Commission meeting.

C.

Uses. Uses in the Milledge Avenue Corridor Special District Overlay are permitted according to the use table in Section 9-10-2.

D.

General standards.

¹   Except for lots entirely fronting turnaround areas of cul-de-sacs, the lot width shall be measured beginning at the front lot line and maintained for the entire minimum lot depth. For lots entirely fronting turnaround areas of cul-de-sacs, the lot width shall be measured beginning at the minimum required front setback line and maintained for the remaining portion of the minimum lot depth.

Legend:

L(1) = 1. The minimum front yard setback shall not be less than the existing front yard setback that is closest to the public right-of-way on an abutting property.
2. The maximum front yard setback shall not exceed the existing front yard setback that is furthest from the public right-of-way on an abutting property.
3. If a subject property abuts an undeveloped tract, public street, private way, or alley, the front yard setback distance of the next adjacent property that fronts Milledge Avenue shall be used to determine minimum and maximum front yard setback distances. (Sec. 9-15-9)

E.

Off-Site Parking. The required parking facilities for fraternities, sororities, semi-public halls, clubs, and lodges may be located on another parcel of land, provided said parcel is within 1,000 feet of the use it is intended to serve. The distance from the parking lot to the use shall be measured in walking distance from the nearest parking space to an access to the building housing the use, along a sidewalk or other pedestrian path separated from street traffic. The off-site parking facilities shall be established in accordance with the procedures set forth in section 9-30-8.

F.

Parking Standards.

1.

No less than 20 percent of the required parking spaces and any additional parking shall be constructed of dust-free pervious paving materials pursuant to section 9-30-9(E) of this title.

2.

Parking areas shall be located behind the building. No parking shall be located in the front yard or in a side yard adjacent to a street.

G.

Location of stormwater management facilities. Stormwater management facilities shall not be located in the front yard or in a side yard adjacent to a street, except for vegetated, natural facilities, such as a bio-filtration facility. Approval of a landscape plan identifying all plants to be incorporated in the vegetative stormwater facility shall be obtained prior to any site construction.

H.

Preservation of Mature Tree Canopy.

1.

The Milledge Avenue Corridor Special District Overlay shall have a Tree Preservation Area. This area shall extend across the full width of and be situated between the front lot line and the principal structure line projected from the primary front facade corners to the side property lines parallel to the right-of-way. Trees within this area shall be conserved to the greatest extent and in accordance with section 8-7-15. If the property is undeveloped, then the Tree Preservation Area shall be the minimum front yard established in Table 9-12-7.

2.

All trees 8" dbh (diameter breast height) and greater within the Milledge Avenue Tree Preservation Area meeting the definition of a "conservable tree" per section 8-7-6 shall be conserved.

3.

No administrative waiver of tree conservation per section 8-7-15(f) shall be granted within the overlay established within this section. Any request for tree removal within the Milledge Avenue Tree Preservation Area shall follow the standards set forth in section 8-7-13.

(Ord. of 4-6-2010, § 4; Ord. of 12-7-2010, § 9; Ord. of 7-5-2011, § 2; Ord. of 5-2-2017(2), § 1)

A.

Purpose and intent. The purpose of the West Broad Street Special District Overlay is to address issues of public safety, health, and general welfare, including controlling the visual and architectural character of the West Broad Street Special District Overlay. The use of design requirements will help to ensure that new development is visually and functionally compatible with the unique character of the transition area containing commercial, residential and institutional uses.

B.

Boundaries. The West Broad Street Special District Overlay (WBS) boundaries include those properties within the block surrounded by West Broad Street, North Milledge Avenue, Reese Street, and North Chase Street. The boundaries of this special district overlay are specifically designated on the Official Zoning Map of Athens-Clarke County, Georgia, as shown on Attachment A hereto. The Official Zoning Map of Athens-Clarke County, constituting the component part of the zoning ordinance of Athens-Clarke County, Georgia, by virtue of and in compliance with section 9-3-3 and section 9-3-7 thereof, is hereby amended by adding the WBS (West Broad Street Special District Overlay) as a zoning district to the legend of said map, as shown on Attachment A hereto. The date of this amendment to the Official Zoning Map of Athens-Clarke County as shown by Attachment A shall be noted on said Official Zoning Map in the office of the Clerk of Commission and shall be duly noted in the appropriate minutes of the Mayor and Commission.

C.

Unless specifically addressed by this section, the uses and standards established by the underlying C-G (Commercial-General) zoning district shall be in effect. In any case where the provisions of the West Broad Street Special District Overlay conflict with those of the underlying zoning district or with other provisions of this title, the standards and requirements of this overlay district shall govern. Unless specifically addressed by the West Broad Street Special District Overlay ordinance, the uses and standards established by Title 9 of the Code of Athens-Clarke County, Georgia as of the date of adoption of the West Broad Street Special District Overlay shall remain in effect, regardless of subsequent amendments to the same.

D.

Uses. Uses are permitted according to the use table in Section 9-10-2, except for the following additional prohibited uses:

(1)

Quick vehicle servicing

(2)

Vehicle repair

(3)

Auto and RV sales

(4)

Distribution center

(5)

Self-service storage

(6)

Construction materials sales

(7)

Kennels

(8)

Mortuary

E.

Residential density. The maximum residential density shall be 50 bedrooms per gross acre.

F.

Minimum building setbacks. The required minimum building setbacks shall be according to Section 9-10-3, with the following exceptions:

1.

The minimum building setback for North Milledge Avenue shall be 15 feet, and the minimum building setback on the segment of North Chase Street that begins 150 feet northerly of its intersection with West Broad Street and extends in a northerly direction to the intersection of Reese Street shall be 15 feet.

2.

One foot of setback shall be provided for each foot of true elevation height of a vertical plane facing Reese Street.

G.

Building height. The maximum building height shall be 65 feet, with the following exceptions:

1.

Within 50 feet of North Milledge Avenue the maximum building height shall be 40 feet, and within 50 feet of the segment of North Chase Street that begins 150 feet northerly of its intersection with West Broad Street and extends in a northerly direction to the intersection of Reese Street, the maximum building height shall be 40 feet.

2.

Within 50 feet of Reese Street the maximum building height shall be 30 feet.

H.

Access. Vehicular access to Reese Street shall be restricted to residential, office, and institutional uses.

I.

Buffer. Whenever any nonresidential use abuts a residential use on a separate parcel, a vegetative buffer at least 20 feet wide, densely planted per the specifications of Section 9-15-3(A)(2), shall be provided.

J.

Parking structure. No more than ten percent of a parking structure's exterior wall surface visible from a public right-of-way, singularly or in combination, may be of plaster, stucco, exposed concrete, or metal sheet siding. Plain concrete block, synthetic stucco, mirror glass, and glass with less than 60 percent VLT (Visual Light Transmission) are prohibited exterior building materials. Any ground-floor parking visible from any public right-of-way shall be screened from the street by a combination of evergreen plant material and trees to be approved by the Planning Director.

K.

Multifamily standards.

1.

Ground-floor dwellings shall only be permitted within 100 feet of Reese Street.

2.

Multifamily dwellings shall have no more than two full baths per dwelling.

3.

Multifamily dwellings shall have a maximum of two and one-half parking spaces per dwelling.

(Ord. of 2-5-2019(2), § 2)

The purpose of the 78/316 Special District Overlay is to recognize that the area generally bounded by Ga. Highway 316, U.S. Highway 78 and Atlanta Highway lying within Athens-Clarke County, Oconee County, and the City of Bogart is uniquely suitable for industrial, manufacturing, commercial and office development at a high density, regional scale, to encourage and promote such regional scale development in a manner that is coordinated by and among those jurisdictions with a uniform procedure for review and approval of projects. This Special District Overlay Zone (the "District") will ensure that development and structures are consistent with the vision, recommendations and goals of the Future Land-use plans and Future Development Plans of Athens-Clarke County, Oconee County and the City of Bogart. Further, this district is established to promote and protect the health, safety and welfare of the citizens of Athens-Clarke County, Oconee County and the City of Bogart, respectively.

(Ord. of 9-4-2012, § 2)

A.

The 78/316 Special District Overlay boundaries shall be as designated on the Official Zoning Map of Athens-Clarke County, Georgia, as shown on Attachment A hereto. The Official Zoning Map of Athens-Clarke County is hereby amended by adding the 78/316 Special District Overlay as a zoning district to the legend to said map, as shown on Attachment A hereto.

B.

In any case where the provisions of the 78/316 Special District Overlay conflict with those of the underlying zoning district or with other provisions of the Athens-Clarke County Code of Ordinances, the standards and requirements of the 78/316 overlay district shall govern.

C.

The conditions for approval of any rezoning, variance, or conditional use approved by the governing jurisdiction under any prior ordinance shall remain in full force and effect and enforceable under the procedures of this Special District Overlay.

D.

If aspects of a development are not expressly regulated by the standards associated with the 78/316 Special District Overlay, the development standards associated with the underlying zoning designation and all other applicable development regulations administered by the jurisdiction in which the development is located shall apply.

(Ord. of 9-4-2012, § 2)

A.

Changing needs and a dynamic economy of a growing community may from time to time require periodic updates of this Special District Overlay ordinance to maintain consistency between the provisions of the article and various community plans. In order to fulfill the above-stated purposes, the governing authorities of Athens-Clarke County, Oconee County, and the City of Bogart commit not only to the enforcement of this zoning ordinance but to its ongoing maintenance and updating as typical planning and review processes may dictate.

B.

Special District Overlay Amendment or Boundary Alteration - Generally

1.

Scope—Every application to amend the Special District Overlay shall address the impact of the proposed change on the following:

a.

The comprehensive plan for the jurisdiction that is receiving the application;

b.

The future development map for the jurisdiction that is receiving the application;

c.

The balance of land uses within the jurisdiction that is receiving the application;

d.

Public facility elements of such jurisdiction's comprehensive plan and service delivery plan, and how the proposed change will affect the provision of services anticipated in such plan.

2.

Amendments shall be further evaluated under the following factors to balance the interest in promoting the public health, safety, morality, or general welfare against the right to the unrestricted use of the property in issue:

a.

The existing land use pattern surrounding the property in issue;

b.

The possible creation of an isolated district unrelated to adjacent and nearby districts;

c.

The population density pattern and possible increase or over-taxing of the load on public facilities including, but not limited to, schools, utilities, and streets;

d.

The cost to each of the governmental entities in providing, improving, increasing or maintaining public utilities, schools, streets and other public safety measures;

e.

The possible impact on the environment, including but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quantity;

f.

Whether the proposed zoning amendment will be a deterrent to the value or improvement of development of adjacent property in accordance with existing regulations;

g.

Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; provided, however, evidence that the economic value of the property, as currently zoned, is less than its economic value if rezoned as requested will not alone constitute a significant detriment;

h.

The aesthetic effect of existing and future use of the property as it relates to the surrounding area.

C.

78/316 Special District Overlay Amendment or Boundary Alteration—Procedure

1.

Initiation of an amendment or boundary alteration may be made by:

a.

Recommendation of the planning commission or any department of a jurisdiction that is a party to the Special District Overlay as to property that lies within that jurisdiction.

b.

Recommendation of the governing authority of any jurisdiction that is a party to the Special District Overlay as to property that lies within that jurisdiction.

c.

Application of property owner. In case of an amendment to the zoning ordinance that rezones property from one zoning classification to another, application shall be executed by all property owners, including holders of deeds to secure debt, as recorded in the official records of the Superior Court of Athens-Clarke County, or the property owner's authorized agent. The application shall be submitted to the jurisdiction where the property lies.

2.

Complete applications must be submitted to the planning department that has the authority for the subject property or area on which the request is located at least 90 days prior to the first public meeting at which the item will be heard. Such jurisdiction will submit a complete copy of the application and all exhibits to the planning departments of the other participating jurisdictions within ten days after receiving a completed application.

a.

A jurisdiction or jurisdictions that is a party to the Special District Overlay which does not have authority over the subject property or subject area associated with the amendment or boundary alteration shall provide review comments to the Planning Director of the jurisdiction that does have authority over the subject property or subject area within 30 days of receipt of the application. These review comments shall be included in the report and analysis prepared by the planning staff that has authority for the subject property or area on which the request is located.

b.

If the applicant contends that the current zoning classification of the property in issue constitutes an unconstitutional taking, written notice of such contention, a written evaluation supporting the contention must be filed with the application; otherwise, the applicant shall be deemed to have waived such contention. Affidavits of fact, appraisals, and related studies shall be filed with the application, in support of applicant's position.

3.

Public hearings shall be held in accordance with rules of procedure. At each public hearing, the planning staff that has authority for the subject property or area on which the request is located shall present their report, followed by the applicant's presentation. Comments from proponents or opponents shall be heard. Each jurisdiction shall conduct the hearings in accordance with the rules governing their respective hearing procedures.

4.

Following the public hearing before the planning commission that has authority for the subject property or area on which the request is located, the planning commission shall make a report of its findings and recommendations on the proposed action. Such report shall be forwarded to the planning directors serving each of the jurisdictions that are party to the Special District Overlay within 15 days of the planning commission's final recommendation on the proposed action. Failure to timely file a report shall create no presumption either in favor or against the proposed action. The recommendation of the planning commission shall be of an advisory nature and not be binding on the local governing authority considering the request.

5.

Following receipt of the planning commission report, the jurisdiction or jurisdictions that are party to the Special District Overlay and do not have authority over the subject property or subject area associated with the amendment or boundary alteration shall provide review comments, if any, to the Planning Director serving the jurisdiction in which the subject property or area is located within five days of receipt of the planning commission report. Comments received shall be communicated to the local governing authority considering the request.

6.

After closing the public hearing at which the request is being considered, and following deliberation, the governing authority serving the jurisdiction in which the subject property or area is located may:

a.

Vote to approve Special District Overlay Amendment and/or Boundary Alteration with conditions or without conditions; or

b.

Vote to deny the Special District Overlay Amendment and/or Boundary Alteration; or

c.

Vote to send the Special District Overlay Amendment and/or Boundary Alteration back to the planning commission for further study and recommendation; or

d.

Hold without action for no more than 40 days; or

e.

For zoning ordinance text amendments, the mayor and commission may vote to approve or deny the text amendment.

7.

Approval of all Special District Overlay Amendment and/or Boundary Alteration actions shall be by ordinance only. Copies of the approved ordinances associated with a Special District Overlay Amendment and/or Boundary Alteration action shall be forwarded to the planning directors serving each of the jurisdictions that are party to the Special District Overlay within five days of the effective date of the ordinance.

(Ord. of 9-4-2012, § 2)

A.

Applicants may request a Development Concept Review prior to making application for site plan and/or construction plan review. Concept Review comments will be offered by appropriate development review staff. The staff comments shall be non-binding and serve only as advisory input based on the information provided by the applicant. Requests for Development Concept Review shall be submitted to the planning department serving the jurisdiction in which the development is proposed.

B.

Development Concept Review Plan contents. In order to facilitate the review, plans submitted for Development Concept Review shall include the following information.

1.

Boundaries of the tract or tracts included within the proposed development site.

2.

Identification of proposed land uses and the intensity of each use proposed.

3.

Existing and proposed street alignment.

(Ord. of 9-4-2012, § 2)

A.

Completed applications for development permits shall be submitted to the planning department serving the jurisdiction in which the development is proposed. Such applications shall be submitted following the appropriate application procedures, submittal requirements, and deadlines associated with the affected jurisdiction's development permits.

1.

Complete applications shall include all of the required information for the specific action requested, on a signed application form, and tender of the appropriate application fee.

2.

Incomplete applications are subject to return to the applicant and removal from the appropriate agenda.

3.

If no applicant activity has occurred on an application for six months after review comments have been received by the applicant from the reviewing agency staff, the reviewing agency staff shall notify the applicant in writing that the application has become inactive. The applicant shall be granted an additional six months upon written request. If an extension is not requested within 30 days of the notice of inactivity, the application shall be deemed withdrawn and the file shall be closed. If the file is closed, then a subsequent application shall be considered a new application.

B.

Notification shall be provided to all jurisdictions within the 78/316 Special District Overlay when applications for development are received. Such notification shall be provided prior to the issuance of any permits associated with the proposed development.

C.

Developments of Regional Impact (DRI): If an application is submitted for a planning action or a permit application is submitted and it is determined by the responsible department serving the jurisdiction in which the development is proposed that pursuant to O.C.G.A. § 50-8-7.1(b)(3), the proposed application is required to follow the State of Georgia's Developments of Regional Impact (DRI) process, then all processing time deadlines imposed by local ordinances are suspended until the date the results of the DRI review process are received or 30 days from date of suspension, whichever event shall occur first. Once the DRI results are received or 30 days have passed, the suspended processing time requirements shall be reinstated.

D.

Environmental Areas Protection and Review. See Appendix B.

E.

Site Plan Review and Permitting for the City of Bogart. For all sites within this Overlay District, and for so long as an intergovernmental agreement with Oconee County is in effect so providing, all reviews, inspections, approvals and permitting will be performed by either the Oconee County Planning Department or the Oconee County Code Enforcement Department acting as an agent of the City of Bogart in accordance with the procedures set out in this Article.

(Ord. of 9-4-2012, § 2)

A.

All properties within the boundaries of the 78/316 Special Overlay District as defined in Sec. 9-12A-2 shall be required to adhere to the development standards and regulations associated with the 78/316 Special District Overlay.

B.

In the event that aspects of a development are not specifically regulated by the standards associated with the 78/316 Special District Overlay, the development standards associated with the underlying zoning designation and all other applicable development regulations administered by the jurisdiction in which the development is located shall apply.

(Ord. of 9-4-2012, § 2)

Development sites that lie within more than one jurisdiction within the 78/316 Special District Overlay shall first adhere to the regulations and standards associated with the 78/316 Special District Overlay. In the event that aspects of a development are not specifically regulated by the standards associated with the 78/316 Special District Overlay, the development standards associated with the underlying zoning in which a given portion of the development is located shall apply. The zoning boundary for the underlying zones shall follow the boundary of the adjoining jurisdictions.

(Ord. of 9-4-2012, § 2)

See Appendix A.

(Ord. of 9-4-2012, § 2)

A.

The following uses and their accessory uses are permitted in the 78/316 Special District Overlay:

B.

The following uses and their accessory uses are not permitted in the 78/316 Special District Overlay: residential (irrespective of type: single-family, multi-family, personal care or nursing homes, manufactured housing, boarding or rooming housing or dormitories), crematoria, mortuaries, cemeteries, churches, concrete or cement fabrication where raw materials and finished products are stored outside, pulpwood processing, asphalt manufacturing, landfills, recycling processes, outdoor storage of solid waste.

(Ord. of 9-4-2012, § 2)

(Ord. of 9-4-2012, § 2)

1.

Side and rear yard buffers. Whenever the developed portion of any nonindustrial use is within 200 feet of the developed area associated with an existing industrial use, one of the following buffers shall be installed on the lot with the nonindustrial use in the areas adjacent to the industrial use. Whenever an outdoor storage area is visible from the right-of-way or adjacent to a residential use, one of the following buffers shall be installed on the lot with the industrial use:

a.

Natural buffer strip: A strip at least 100 feet wide, having an existing natural growth equivalent to a densely planted evergreen screen. The planning staff may require additional planting to acquire a uniform buffer strip. Berms or other grading measures and topographic considerations may be considered as contributing to the buffer area if the vegetative conditions are not adversely impacted.

b.

Landscape buffer strip: A strip at least 50 feet wide, densely planted with an appropriate mix of trees and shrubs at least three feet high at the time of planting, of a type that will possess growth characteristics of such a nature as to produce a dense, compact evergreen planting screen capable of growing to a height of at least six feet within three years. A landscape plan identifying all plants to be incorporated in the buffer strips must be approved by planning staff prior to any site construction. Planning staff may require additional planting to acquire a uniform buffer strip. Berms or other grading measures and topographic considerations may be considered as contributing to the buffer area if the vegetative conditions are not adversely impacted.

c.

Landscape buffer wall: A buffer strip at least 20 feet wide, containing an opaque wall or barrier or uniformly painted fence at least six feet in height. Buffer strips shall have five feet of landscape plantings on the exterior side of the wall and shall be planted with appropriate trees, shrubs, and ground cover as to provide a transition from the wall to both edges of the buffer strip. A landscape plan identifying the location and construction of the wall or barrier and all plants to be incorporated in the buffer strip must be approved prior to any site construction. Additional planting may be required to acquire a uniform buffer strip. This section will allow any of these three buffers or a combination thereof to provide flexibility in design. Berms or other grading measures and topographic considerations may be considered as contributing to the buffer area if the vegetative conditions are not adversely impacted.

2.

Front yard buffers. The following front yard buffer requirements apply in all cases:

a.

A ten-foot minimum front yard landscaped buffer containing trees, shrubs, and ground cover must be placed between the right-of-way line and any structure or front yard parking lot, planted in a uniformly distributed manner. Selection of shrubs and ground cover should be such that no shrub or ground cover should grow higher than four feet.

b.

All front yard buffers shall follow the sight distance triangle requirements established by the Transportation and Public Works Departments representing the jurisdiction in which the development is located.

c.

Property or business identification signs may be incorporated into the front yard buffers.

(Ord. of 9-4-2012, § 2)

The purpose of the Airport Overlay (A) Zone is to protect the public health, safety, and welfare by assuring that development within areas impacted by airport operations is appropriately planned to mitigate the impact of such operations. Further, this overlay zone is intended to prevent the establishment of air space obstructions in air approaches through height restrictions and other land use controls, as deemed essential to protect the public health, safety, and welfare consistent with Federal Aviation Regulations (FAR) Part 77. This overlay zone is intended to be applied to properties which lie within close proximity to the Athens-Ben Epps Airport where aircraft are likely to be flying at relatively low elevations. This overlay zone is further intended to identify noise corridors which should be planned to regulate future airport encroachment by inappropriate land uses and to minimize the effects of airport noise.

Within the Airport Overlay Zone there are established three subzones in which specific airport standards and requirements shall apply to each property within the subzones in addition to the standards and requirements of the underlying zoning district. In case of conflicting standards and requirements, the more stringent standards and requirements shall apply. Application of a subzone does not alter the requirements of the underlying zone except as specifically provided herein. The Airport Overlay Zone and its subzones are shown on the Official Athens-Clarke County Zoning Map adopted under Section 9-3.

(Ord. of 5-5-2009, § 4)

The "A" (Airport) zone is an overlay zone that overrides any conflicting provisions of the underlying zoning district.

A.

Definitions. Definitions contained in Chapter 9-2, and not in conflict with the definitions below, shall apply. Definitions of any additional aviation terms not in conflict herewith will be defined by the Federal Aviation Administration (FAA) and applicable Federal Aviation Regulations (FAR) or advisory circulars. For the purposes of the Airport Overlay Zone, the following definitions apply:

Airport. Means the airport facility known as the Athens-Ben Epps Airport.

Approach, Transitional, and Runway Protection Zones. These zones are set forth in Paragraph B below.

Established Airport Elevation. 807.7 feet above mean sea level.

Hazard to Air Navigation. An obstruction determined to have an adverse effect on the safe and efficient utilization of the navigable airspace.

Height. For the purpose of determining the height limits in all zones set forth in this Chapter and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.

Obstruction. Any structure, tree, or other object, including a mobile object, which exceeds a limiting height set forth in Section 9-13-3.

Place of Public Assembly. A structure which is designed to accommodate more than 50 persons at one time for such purposes as deliberation, education, worship, shopping, entertainment, or amusement.

Runway. A defined area on an airport prepared for landing and take-off of aircraft along its length.

Larger than Utility Runway. A runway that is constructed for and intended to be used by propeller driven aircraft of greater than 12,500 pounds maximum gross weight and jet powered aircraft.

Nonprecision Instrument Runway. A runway with an existing or planned instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for a straight-in nonprecision instrument approach.

Precision Instrument Runway. A runway having an existing precision instrument approach procedure. It also means a runway for which a precision approach procedure is planned and is so indicated on an approved airport layout plan or any other planning document.

Utility Runway. A runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight and less.

Visual Runway. A runway intended solely for the operation of aircraft using visual approach procedures.

Structure. An object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formation, and overhead transmission lines.

Surfaces. The following imaginary surfaces exist in the Airport Overlay zone.

Approach Surface. A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in Paragraph B below. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone.

Conical Surface. A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to one for a horizontal distance of 4,000 feet.

Horizontal Surface. A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.

Primary Surface. A surface longitudinally centered on an existing runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. When the runway has no specially prepared hard surface or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in Paragraph B below. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

Transitional Surfaces. These surfaces extend outward at 90 degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces.

Tree. Any object of vegetative growth.

B.

Airport Overlay Zone (A) with subzones established. The Airport Overlay Zone is hereby divided into the following subzones which represent different levels of impact based on proximity to the airport. These established subzones include the land lying beneath the associated airspace surface which includes the approach surfaces and transitional surfaces. The geographic boundaries of the subzones are shown on the Athens-Clarke County Official Zoning Map. Collectively these subzones compose the "Airport Overlay (A) Zone." An area located in more than one of the following subzones is considered to be only in the subzone with the more restrictive height limitation. The subzones are hereby established and defined as follows:

(1)

Approach Zones:

a.

Precision Approach Zone (AZ1). The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway. The Precision Approach Zone is applicable to the approach end of Runway 27 at the Athens-Ben Epps Airport.

b.

Larger than Utility Runway Nonprecision Approach Zone (AZ2). The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway. The Larger Than Utility Non- precision Approach Zone is applicable to the approach end of Runway 9 at the Athens-Ben Epps Airport.

c.

Utility Runway Nonprecision Approach Zone (AZ3). The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 2,000 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway. The Utility Runway Nonprecision Approach Zone is applicable to both ends of Runway 2/20.

(2)

Transitional Zones (TZ). The transitional zones are the areas beneath the transitional surfaces.

(3)

Runway Protection Zone (formerly "Clear Zone") (RPZ). The Runway Protection Zone coincides with the Airport Approach Zone for a horizontal distance of 1,700 feet from the end of the primary surface of Runway 9 with inner width of 1,000 feet and outer width of 1,510 feet; 2,500 feet from the end of the primary surface for Runway 27 with inner width of 1,000 feet and outer width of 1,750 feet; and 1,000 feet from the end of the primary surface of Runways 2 and 20 with inner width of 500 feet and outer width of 700 feet. The function of the Runway Protection Zone is to enhance the protection of people and property on the ground.

(4)

Primary Surface Zone (PSZ). The Primary Surface Zone expands outward uniformly from the centerline of each runway and a 200-foot continuation of the centerline from the end of each runway to a width of 1,000 feet for Runway 9 and Runway 27 and 500 feet for Runway 2/20.

(Ord. of 5-5-2009, § 4)

A.

Building Permit.

(1)

Existing uses. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a legal nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of this Chapter, or any amendments thereto, or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.

(2)

The building inspection department shall advise the Airport Director of any applications for building permits for properties within the airport approach zones. The Airport Director shall determine what, if any, FAA determinations must be obtained for such construction. Any construction or alterations of greater height than an imaginary surface extending outward and upward at a slope of 100:1 for a horizontal distance of 20,000 feet from the nearest point of the nearest runway requires notification to the FAA as provided in FAR Part 77.

B.

Airport Noise; Agreement and Waiver of rights. All planning actions will require as a condition of approval that the applicant sign an agreement with the Unified Government of Athens-Clarke County agreeing that airport noise is likely to increase in the future and that they waive all rights to complain about airport noise. The agreement shall be evidenced by an Affidavit of Facts Effecting Title recorded in the real estate records of Athens-Clarke County. Such Agreement shall at a minimum contain the following provisions:

(1)

Any building constructed within the Airport Overlay Zone should at a minimum meet the Georgia Power Good Cents insulation requirements to minimize aircraft noise in the building.

(2)

All deeds transferring property within the Airport Overlay Zone shall contain the following:

"This property is in an area in the Airport Overlay Zone and is subject to civilian and military overflights using Athens-Ben Epps Airport. As a result, residents in the Airport Overlay Zone may be subject to some inconvenience, annoyance or discomfort arising from the noise of such operations. Residents of property near a public use airport should therefore be prepared to accept such inconvenience, annoyance, and discomfort from normal airport operations or growth in the amount of air traffic and covenant to a waiver of rights to complain about airport noise from normal operations."

C.

Use Restrictions. Notwithstanding any other provisions of this Chapter, no use shall be made of land or water within any of the subzones established in this Chapter in such a manner as to create electrical interference with navigational signals or radio communication between airport and aircraft, make it difficult for pilots to distinguish between airport lights and other lights, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use or using the airport. Additionally, no fuel storage facilities shall be allowed in the Runway Protection Zone. No variance may be granted to allow any of these uses in the Airport Overlay Zone.