Auburn City Zoning Code

CHAPTER 17

90 - USE PROVISIONS

Sections:

17.90.010 - AG agricultural district.

The AG agricultural district is established to provide for agriculture and very low density residential development, and to ensure that open and/or sparsely developed areas of the city are protected at the property owner's request.

Area, Yard and Height Requirements. See Section 17.90.150.

Permitted Uses.

Only the following permitted uses shall be allowed in AG agricultural district and no structures shall be erected, structurally altered or enlarged for any use other than a use permitted hereunder with the exception of (1) uses lawfully established prior to the effective date of this amendment; (2) special uses as listed hereunder; (3) accessory uses as defined in Section 17.60.090; (4) other uses which are clearly similar to and consistent with the purpose of this district.

Single-family dwellings.

Customary accessory buildings and uses.

Customary home occupations.

Customary agricultural uses, including forestry, commercial greenhouses and plant nurseries, except the raising of livestock or poultry unless otherwise specifically listed hereunder.

The raising and keeping of horses for personal pleasure or utility on a lot which contains the dwelling of the owner of the horses, provided that the lot is at least five acres in area; that no animal quarters, pen, or corral are located closer than one hundred feet to any property line; and that the number of horses shall not exceed one per acre.

Customary agricultural buildings and uses including farm ponds and fishing lakes, subject to all of the yard requirements of the zoning district.

Kennel, fur farm or cattery; provided that no animal quarters are located closer than two hundred feet to any property line.

Parks and other similar public and semi-public buildings and land uses.

Public, semi-public and private golf and country clubs, (except miniature courses), golf driving ranges and fishing clubs.

10.

Utility structures such as electric transformer stations, telephone exchanges, gas regulator stations, water and wastewater pumping stations and water tanks may be located to serve the public interest, provided such facilities comply with the following requirements:

Any building or structure, except a surrounding fence, shall be set back at least thirty feet from any property line.

The facility shall be either, completely surrounded by a woven wire fence at least eight feet high, or shall be enclosed within a building.

The facility shall be furnished with a planted buffer not less than ten feet wide to create an effective visual screen on all sides.

The facility may not be used for office space, storage space, or for the storage of vehicles or equipment.

11.

Farmers' markets or roadside stands for the sale of products and commodities produced on the premises provided that any structure for such sales shall be located no closer than thirty-five feet to any property line.

12.

The raising and keeping of household pets.

13.

The raising and keeping of livestock, provided that the owner or custodian of such livestock receives all appropriate permits and meets all the requirements of the state, and provided further that no animal quarters are located closer than one hundred feet to any property line or any residential structure.

14.

Churches, temples and synagogues provided:

They are located on a site of not less than five acres with two hundred fifty feet of road frontage.

The buildings are located not less than fifty feet from any street and not less than thirty feet from any side or rear property line.

If adjacent to residentially-zoned property, a buffer of at least fifty feet wide shall be provided along the property lines adjacent to the zoning, provided, however, that this buffer may be reduced to no less than twenty feet in width adjacent to the sanctuary building or "Sunday School" educational building and parking related to these buildings.

A church, temple or synagogue located in a manufactured building may be erected on the property for a period not to exceed three years.

Special Uses.

Within the AG agricultural district, the following uses may be permitted provided the applicant for such a development is granted a special use permit by the city council after receiving recommendations from the city planner and planning commission and after a public hearing.

Show rings or other arenas for the display, exhibition training or sale of livestock, provided that no animal quarters are located closer than one hundred feet to any property line. Adequate off-street parking shall be provided for livestock trailers, recreation vehicles, etc., associated with the proposed use in addition to the minimum requirements of the zoning title.

Private schools.

A cemetery, provided the following conditions are met:

The cemetery may front only on a collector or major street or state highway, and the entrance and exits to it shall be only from the street on which it fronts.

The cemetery shall be bordered by a ten-foot wide buffer strip along all of its exterior property lines not bordering the frontage street and not extending into the required front yard. The buffer strip shall be planted with evergreen trees or shrubs that grow at least eight feet tall and provide an effective visual screen.

The cemetery is included in a preliminary subdivision plat that has been approved by the city.

Group day care homes.

Veterinary clinic or hospital, provided that no portion of a building, structure, outdoor run or pen used to house or exercise animals is located closer than two hundred feet to any property line.

Residential or community shelters as an accessory use to a church meeting the minimum requirements for a permitted church.

(Ord. 265A (part), 2001)

(Ord. No. 15-011, 1-7-16; Ord. No. 08-016, § 1, 8-7-08)

17.90.020 - R-100 single-family residential district.

R-100 single-family residential district. This single-family residential district includes existing low density residential areas and vacant or open areas where similar residential development is appropriate. The regulations for this district are designed to encourage low density one-family residential development.

Area, Yard and Height Requirements. See Section 17.90.150.

Permitted Uses. Only the following permitted uses shall be allowed in the R-100 single-family residential district, and no structures shall be erected, structurally altered or enlarged for any use other than a use permitted hereunder with the exception of (1) uses lawfully established prior to the effective date of this amendment; (2) special uses as listed hereunder; (3) accessory uses as defined in Section 17.60.090; (4) other uses which are clearly similar to and consistent with the purpose of this district.

Single family dwellings which comply with adopted residential building codes for structures to be constructed within the city limits.

Customary accessory buildings and uses.

Accessory buildings, structures and uses shall be permitted only within the required rear yard unless specifically exempted in this title.

Accessory buildings, structures and uses shall be located on the same lot of record as the principal building, structure or use.

Accessory buildings, structures and uses shall be customarily incidental and subordinate to the principal building, structure or use. The accessory building shall not be erected on a lot prior to the construction of the principal building.

Accessory buildings, structures and uses shall be setback at least five feet from any lot line, except where abutting a public street, unless specifically exempted in this title. Where abutting a public street, an accessory building, structure or use shall be setback by fifty feet, unless specifically exempted in this title.

Customary home occupations, including day care homes and personal care homes provided they shall be approved and licensed by Georgia Department of Human Resources. All customary home occupations shall meet all of the requirements of Section 17.60.180 of this title, or the home occupation shall be required to be authorized by an approval to the R-100CZP zoning district.

Any building or structure, except a surrounding fence, shall be set back at least thirty feet from any property line.

The facility shall be either, completely surrounded by a woven wire fence at least eight feet high, or shall be enclosed within a building.

The facility shall be furnished with a planted buffer not less than ten feet wide to create an effective visual screen on all sides.

The facility may not be used for office space, storage space, or for the storage of vehicles or equipment.

The raising and keeping of household pets.

Churches, temples and synagogues provided:

They are located on a site of not less than five acres with two hundred fifty feet of road frontage.

The buildings are located not less than fifty feet from any street and not less than thirty feet from any side or rear property line.

If adjacent to residentially-zoned property, a buffer of at least fifty feet wide shall be provided along the property lines adjacent to said zoning, provided, however, that this buffer may be reduced to no less than twenty feet in width adjacent to the sanctuary building or "Sunday School" educational building and parking related to these buildings.

A church, temple or synagogue located in a manufactured building may be erected on the property for a period not to exceed three years.

Privately owned, Golf Courses, Country Clubs, Swimming and Tennis Clubs, or private not-for-profit recreation facilities; provided such facilities are to be located on an area reserved or dedicated for such use on a final recorded subdivision plat.

Subdivisions, Residential subject to the adopted Development Regulations of the city of Auburn, Georgia.

Poultry. The raising and keeping of poultry for personal pleasure or personal use on a parcel which contains the dwelling of the owner of the animals is permitted, provided that the parcel is at least two acres in area and all animal quarters are located no closer than one hundred feet to any property line or residential structure. Every person owning or keeping poultry is required to keep such fowl contained within a fenced area that meets the distance requirements of this subsection and shall be subject to citation for any event where any animal is not contained within the areas described in this subsection. All places wherein poultry are kept shall maintain drainage or detention sufficient to prevent standing water in yards or pens and to prevent waste products from entering into storm drains, rivers or streams, sewer lines or neighboring property. The number of animals which may be kept on each parcel under this subsection shall not exceed five. No roosters may be kept on any parcel except those zoned AG. Slaughtering of poultry is prohibited.

Permitted Special Exceptions. Within the R-100 single-family residential district, the following uses may be permitted provided the applicant for such a development is granted a special exception subject to the approval of the zoning board of appeals and subject to such appropriate conditions as the zoning board of appeals may require after a public hearing as required in Chapter 17.150.

Single chair beauty parlor or barber shop in a one family residence as a home occupation.

Day care facilities located in a church.

Metal buildings as accessory uses in excess of five hundred fifty square feet in size.

Churches, temples and synagogues not meeting the minimum requirements for a permitted church, temple or synagogue in an R-100 district.

Residential or community shelters as accessory use to a church meeting the minimum requirements for a permitted church, temple or synagogue in an R-100 district.

Private schools offering general education courses.

Privately owned golf courses, country clubs, swimming and tennis clubs, or private not-for-profit recreation facilities, except public city or county parks; provided all buildings shall be located at least one hundred feet from any property line.

Group day care homes.

(Ord. 265A (part), 2001)

(Ord. No. 15-011, 1-7-16; Ord. No. 08-016, § 5, 8-7-08)

17.90.030 - Reserved.

Editor's note— Section 6 of Ord. No. 08-016, adopted Aug. 7, 2008, deleted § 17.90.030, which pertained to R-100CZP single-family residential district and derived from Ord. 265A, in its entirety.

17.90.040 - RM-D residential multifamily duplex district.

The RM-D residential multifamily duplex district includes areas where higher density and/or multifamily development is appropriate. The regulations for this district are designed to provide an area where individuals and families may establish homes in an environment which satisfies their needs for convenience and economy. This zoning district is to be located where public water supply and where there is convenient access to collector streets, major thoroughfares or state highways.

Area, yard and height requirements. See Section 17.90.150.

Permitted Uses. Only the following permitted uses shall be allowed in the RM-D residential multifamily duplex district, and no structures shall be erected, structurally altered or enlarged for any use other than a use permitted hereunder with the exception of (1) uses lawfully established prior to the effective date of this amendment; (2) special exceptions as listed hereunder; (3) accessory uses as defined in Section 17.60.090; (4) other uses which are clearly similar to and consistent with the purpose of this district.

Attached dwellings, with no more than two units per lot.

Detached dwellings on individual lots, provided the subdivision/development and structures meet all the requirements for Section 17.90.110 R-100 single family residential district.

Customary accessory buildings and uses.

Accessory buildings, structures and uses shall be permitted only within the required rear yard unless specifically exempted in this title.

Accessory buildings, structures and uses shall be located on the same lot of record as the principal building, structure or use.

Customary home occupations, including day care homes and personal care homes; provided they shall be approved and licensed by Georgia Department of Human Resources. All customary home occupations shall meet all of the requirements of Section 17.60.180 of this title, or the home occupation shall be required to be authorized by an approval of a special use permit.

Single-family and duplex subdivisions subject to the development regulations adopted by the city.

Existing cemeteries.

Public and semi-public playgrounds, parks, lakes, and buildings, operated on a nonprofit basis for recreational and public community purposes only.

Any building or structure, except a surrounding fence, shall be set back at least thirty feet from any property line.

The facility shall be either, completely surrounded by a woven wire fence at least eight feet high, or shall be enclosed within a building.

The facility shall be furnished with a planted buffer not less than ten feet wide to create an effective visual screen on all sides.

The facility may not be used for office space, storage space, or for the storage of vehicles or equipment.

The raising and keeping of household pets.

10.

Churches, temples and synagogues provided:

They are located on a site of not less than five acres with two hundred fifty feet of road frontage.

The buildings are located not less than fifty feet from any street and not less than thirty feet from any side or rear property line.

If adjacent to residentially-zoned property, a buffer of at least fifty feet wide shall be provided along the property lines adjacent to said zoning, provided, however, that this buffer may be reduced to no less than twenty feet in width adjacent to the sanctuary building or "Sunday school" educational building and parking related to these buildings.

A church, temple or synagogue located in a manufactured building may be erected on the property for a period not to exceed three years.

11.

Privately owned golf courses, country clubs, swimming and tennis clubs, or private not-for-profit recreation facilities; provided such facilities are to be located on an area reserved or dedicated for such use on a final recorded subdivision plat.

12.

Subdivisions, residential subject to the adopted development regulations of the city.

Permitted Special Exceptions. Within the RM-D residential multifamily duplex district, the following uses may be permitted provided the applicant for such a development is granted a special exception subject to the approval of the zoning board of appeals and subject to such appropriate conditions as the zoning board of appeals may require after a public hearing as required in Chapter 17.150.

Single chair beauty parlor or barbershop in a one family residence as a home occupation.

Day care facilities located in a church.

Metal buildings as accessory uses in excess of five hundred fifty square feet in size.

(Ord. 265A (part), 2001)

17.90.050 - RM-8 residential multifamily apartment district.

The RM-8 residential multifamily apartment district includes areas where higher density and/or multifamily development is appropriate. The regulations for this district are designed to provide an area where individuals and families may establish homes in an environment which satisfies their needs for convenience and economy. This zoning district is to be located where public water supply and public waste water facilities are available, and where there is convenient access to collector streets, major thoroughfares or state highways.

Area, yard and height requirements. See Section 17.90.150.

Permitted Uses. Only the following permitted uses shall be allowed in the RM-8 residential multifamily apartment district, and no structures shall be erected, structurally altered or enlarged for any use other than a use permitted hereunder with the exception of (1) uses lawfully established prior to the effective date of this amendment; (2) special exceptions as listed hereunder; (3) accessory uses as defined in Section 17.60.090; (4) other uses which are clearly similar to and consistent with the purpose of this district.

Multifamily developments on a single lot or development which shall allow up to a maximum of eight dwelling units per acre, provided the development is served by a city approved public sewer system. Subdivisions of land for the purpose of developing individual lots around each unit is not allowed

Customary accessory buildings and uses.

Accessory buildings, structures and uses.

Accessory buildings, structures and uses shall be located on the same lot of record as the principal building, structure or use.

Customary home occupations, including day care homes and personal care homes, provided they shall be approved and licensed by Georgia Department of Human Resources. All customary home occupations shall meet all of the requirements of Section 17.60.180, or the home occupation shall be required to be authorized by an approval of a special use permit.

Existing cemeteries.

Public and semi-public playgrounds, parks, lakes and buildings, operated on a nonprofit basis for recreational and public community purposes only.

Utility structures, such as electric transformer stations, telephone exchanges, gas regulator stations, water and wastewater pumping stations, and water tanks may be located to serve the public interest, provided such facilities comply with the following requirements:

Any building or structure, except a surrounding fence, shall be set back at least thirty feet from any property line.

The facility shall be either completely surrounded by a woven wire fence at least eight feet high, or shall be enclosed within a building.

The facility shall be furnished with a planted buffer not less than ten feet wide to create an effective visual screen on all sides.

The facility may not be used for office space, storage space, or for the storage of vehicles or equipment.

The raising and keeping of household pets.

Churches, temples and synagogues provided:

They are located on a site of not less than five acres with two hundred fifty feet of road frontage.

The buildings are located not less than fifty feet from any street and not less than thirty feet from any side or rear property line.

If adjacent to residentially-zoned property, a buffer of at least fifty feet wide shall be provided along the property lines adjacent to said zoning, provided, however, that this buffer may be reduced to no less than twenty feet in width adjacent to the sanctuary building or "Sunday school" educational building and parking related to these buildings.

A church, temple or synagogue located in a manufactured building may be erected on the property for a period not to exceed three years.

10.

Permitted Special Exceptions. Within the RM-8 residential multifamily apartment district, the following uses may be permitted provided the applicant for such a development is granted a special exception subject to the approval of the zoning board of appeals and subject to such appropriate conditions as the zoning board of appeals may require after a public hearing as required in Chapter 17.150.

Single chair beauty parlor or barber shop in a one family residence as a home occupation.

Day care facilities located in a church.

Metal buildings as accessory uses in excess of five hundred fifty square feet in size.

(Ord. 265A (part), 2001)

17.90.060 - OI office-institutional district.

The OI office-institutional district is established to provide a location for offices, institutions and limited related retail business and service activities in buildings of high character in attractive surroundings. Distributive functions such as loading, unloading, storage, packaging and unpackaging shall be limited to ten percent of the total building area and five percent of the total lot area.

Area, Yard and Height Requirements. See Section 17.90.150.

Permitted Uses. Only the following permitted uses shall be allowed in the OI office-institutional district, and no structures shall be erected, structurally altered or enlarged for any use other than a use permitted hereunder with the exception of (1) uses lawfully established prior to the effective date of this amendment; (2) special uses as listed hereunder; (3) accessory uses as defined in Section 17.60.090; (4) other uses which are clearly similar to and consistent with the purpose of this district.

Accessory uses such as retail business and service establishments. In addition to the limitations on "accessory use" imposed under Chapter 17.30, Definitions, such permitted accessory uses specifically exclude retail business and service establishments that could be construed as principal uses and include only those uses that are primarily intended for and used by patrons or occupants of the principal use to which said establishment is accessory.

Assembly hall.

Banks and other financial institutions.

Boarding and rooming houses.

Churches, temples and synagogues.

Cultural facilities.

Dance studio.

Day care facilities provided they comply with all state day care and health department requirements.

Dental clinic or dental laboratory.

10.

Group or congregate personal care homes. Personal care homes shall be licensed by the state of Georgia.

11.

Health clinic.

12.

Hospital.

13.

Lodges, fraternal and social organizations.

14.

Medical laboratory.

15.

Mortuaries, cemeteries and mausoleums.

16.

Museum.

17.

Nursing and convalescent homes.

18.

Offices, business or professional.

19.

Parking lots and parking garages.

20.

Public and private educational institutions offering general education courses, including nursery schools and kindergartens.

21.

Public buildings and facilities.

22.

Public offices.

23.

Public and semipublic recreational facilities such as parks, country clubs, community centers and other similar facilities.

24.

Radio and television broadcasting studios.

25.

Research and testing facilities.

26.

Retirement communities, which may include a nursing home, cafeteria and care facilities and accessory uses.

27.

Any building or structure, except a surrounding fence, shall be set back at least thirty feet from any property line.

The facility shall be either completely surrounded by a woven wire fence at least eight feet high, or shall be enclosed within a building.

The facility shall be furnished with a planted buffer not less than ten feet wide to create an effective visual screen on all sides.

The facility may not be used for the storage of vehicles or equipment.

Permitted Special Exceptions. Within the OI office-institutional district, the following uses may be permitted provided the applicant for such a development is granted a special exception subject to the approval of the zoning board of appeals and subject to such appropriate conditions as the zoning board of appeals may require after a public hearing as required in Chapter 17.150.

Dormitories, fraternal organizations and clubs that provide housing, provided that: (1) they are located on a major or collector street; (2) buildings are located not less than fifty feet from any property line; (3) a buffer strip at least ten feet wide is provided along the side and rear property lines, planted with evergreen trees and shrubs that provide an effective visual screen.

Foster homes, orphanages, half-way houses and institutional houses for the handicapped.

Residential or community shelters.

Other Provisions.

Collection boxes or other such structures for depositing apparel, books, furniture or any other household items are prohibited.

(Ord. 265A (part), 2001)

(Ord. No. 10-010, § 2, 6-3-10)

17.90.070 - C-1 neighborhood commercial district.

The C-1 neighborhood commercial district provides a location for convenience goods and services for people in nearby residential neighborhoods.

Area, yard and height requirements. See Section 17.90.150.

Permitted Uses. Only the following permitted uses shall be allowed in the C-1 neighborhood commercial district, and no structures shall be erected, structurally altered or enlarged for any use other than a use permitted hereunder with the exception of: (1) uses lawfully established prior to the effective date of this amendment; (2) accessory uses as defined in Section 17.60.090; (3) other uses which are clearly similar to and consistent with the purpose of this district.

Accessory buildings, structures and uses.

Banks and other financial institutions.

Beauty parlors and barber shops.

Camera store.

Car wash.

Church, temple or synagogue.

Clinic, medical, public or private.

Clothing sales.

Community center.

10.

Convenience food store.

11.

Cultural facilities.

12.

Dance studio.

13.

Day care facilities provided they comply with all state day care and health department requirements.

14.

Dental clinic or dental laboratory.

15.

Drug stores and pharmacies.

16.

Dry cleaning, pick-up station.

17.

Flower and gift shops.

18.

Gasoline station and convenience store, except no automobile service bays shall be provided.

19.

Gift shop.

20.

Grocery stores of less than ten thousand square feet.

21.

Hardware store.

22.

Jewelry store.

23.

Laundry, self-serve, pick-up.

24.

Locksmith.

25.

Lodges, fraternal and social organizations.

26.

Medical laboratory.

27.

Museum, historical display.

28.

Offices professional and business.

29.

Parking lots and parking garages.

30.

Park or playground.

31.

Picture framing.

32.

Photocopying/reproduction service.

33.

Photographic studio or supply.

34.

Planned shopping centers, or multiple tenant buildings.

35.

Public and private educational institutions offering general education courses, including nursery schools and kindergartens.

36.

Public buildings, uses and facilities (government owned).

37.

Recreation facilities, indoor, provided that these facilities are enclosed in a building.

38.

Shoe repair.

39.

Taxidermist.

40.

Travel agency.

41.

Any building or structure, except a surrounding fence, shall be set back at least thirty feet from any property line.

The facility shall be either, completely surrounded by a woven wire fence at least eight feet high, or shall be enclosed within a building.

The facility shall be furnished with a planted buffer not less than ten feet wide to create an effective visual screen on all sides.

The facility may not be used for the storage of vehicles or equipment.

42.

Watch repair.

43.

Massage therapists properly licensed by the state.

Temporary Uses. Within the C-1 neighborhood business district, only the following temporary uses are permitted:

The sale of fruits or vegetables not to exceed a period of six months.

Charitable or nonprofit events not to exceed four days.

Pumpkin sales and Christmas tree sales between October 15th and January 1st.

The sale of any items in association with an existing business located on the premises as a principal use (i.e., sidewalk, parking lot or tent sales) not to exceed twenty days.

Requirements for approval of a temporary use permit:

Written permission of the property owner is provided;

These uses are not located within fifty feet of any public right-of-way;

A sign (not portable) may be erected on the property provided it does not exceed a total of sixteen square feet or ten feet in height and is not placed within twenty feet of any public right-of-way;

Adequate parking, ingress and egress are provided on site or written permission is obtained if provided on an adjoining property;

A temporary permit is applied for and approved by the city planner;

All other requirements for licenses and regulations of the city shall be met; and,

A permit for any temporary use on the same property may not be applied for or renewed for a period of not less than six months from the date of any prior approval of a temporary use. However, one ten-day extension of the twenty day period, as stated above, may be granted by the city planner.

Other Provisions.

No outdoor storage, except as otherwise provided within this section. Collection boxes or other such structures for depositing apparel, books, furniture or any other household items are prohibited.

Within the C-1 neighborhood commercial district, fuel pumps are permitted within the front yard setback provided they are located:

No closer than fifteen feet to the road right-of-way; and

Not closer than the existing setback of any residential structure on abutting lots on either the frontage or a side street.

Canopies are allowed over fuel pumps and are not to extend over fifteen feet from the edge of the pump island toward the street.

Special Exceptions. Within the C-1 neighborhood commercial district, the following uses may be permitted provided the applicant for such a development is granted a Special Exception subject to the approval of the zoning board of appeals and subject to such appropriate conditions as the zoning board of appeals may require after a public hearing as required in Chapter 17.150;

Caretaker or watchman quarters as an accessory use.

Special Uses. Within the C-1 neighborhood commercial district, the following use map [may] be permitted, provided the applicant is granted a special use permit by the city council after receiving recommendations from the city planner and planning and zoning commission and after a public hearing.

Multi-family residential in accordance with Section 17.90.150.

(Ord. 265A (part), 2001)

(Ord. No. 08-016, § 1, 8-7-08; Ord. No. 10-010, § 2, 6-3-10; Ord. No. 12-001, § 1, 1-5-12; Ord. No. 19-004, 8-1-19)

17.90.080 - C-2 general business district.

The C-2 general business district is intended primarily for those commercial uses that require a location accessible to large numbers of people and that serve substantial portions of the community. This C-2 general business district is intended to provide adequate space in appropriate locations along major streets, thoroughfares and at intersections for various types of business use. These uses should include the retailing of major goods and services, general office facilities and public functions that would serve a community area of several neighborhoods. Development of uses in the District characteristically occupies a larger area than in the C-1 neighborhood business district because it is intended to serve a greater population and to offer a wider range of services. Orientation and expansion of this district should occur as an increase in depth at major intersections rather than as a strip-like extension along the street or thoroughfare.

Area, Yard and Height Requirements. See Section 17.90.150.

Permitted Uses. Only the following permitted uses shall be allowed in the C-2 general business district and no structure shall be erected, structurally altered or enlarged for any use other than a use permitted in this chapter with the exception of: (1) uses lawfully established prior to the effective date of the amendment; (2) special exceptions as permitted in this chapter; or, (3) accessory uses defined in Section 17.60.090; or other uses which are clearly similar to and consistent with the purpose of this district.

Accessory Buildings, Structures and Uses.

Appliance Repair Shop.

Art Gallery.

Reserved.

Banks and other financial institutions.

Beauty parlors and barber shops.

Boarding and rooming houses.

Building, electrical or plumbing contractors (provided no equipment or materials are stored outside).

Building supply stores.

Business college or business schools operated as a business enterprise.

10.

Camera Store.

11.

Car Wash.

12.

Church, Temple or Synagogue.

13.

Clinic, Medical, Public/Private.

14.

Clothing Sales.

15.

Community Center.

16.

Convenience Food Store.

17.

Cultural facilities.

18.

Dance Studio.

19.

Day care facilities provided they comply with all State day care and Health Department requirements.

20.

Dental clinic or dental laboratory.

21.

Department stores.

22.

Drug stores and pharmacies.

23.

Dry cleaning facility.

24.

Electronic sales and service establishments.

25.

Equipment rental (excluding heavy equipment, bulldozers, backhoes, forklifts, cranes, etc., and provided there is no outside storage associated with the use).

26.

Fitness center, health club, spa.

27.

Flower and gift shops.

28.

Food stores or grocery stores.

29.

Furniture rental or sales establishments.

30.

Garden center/plant nursery.

31.

Gasoline service station.

32.

Gift shop.

33.

Hardware store.

34.

Health, clinic or spa.

35.

Hotels or motels.

36.

Jewelry store.

37.

Laundry, self-serve, pick-up.

38.

Liquor store (package store).

39.

Locksmith.

40.

Lodges, fraternal and social organizations.

41.

Medical laboratory.

42.

Mini-warehouse/personal storage facilities.

43.

Museum, historical display.

44.

Newspaper and printing facilities.

45.

Offices, professional and business.

46.

Parking lots and parking garages.

47.

Park or playground.

48.

Picture framing.

49.

Photocopying/reproduction service.

50.

Photographic studio or supply.

51.

Planned shopping centers.

52.

Plumbing, electrical, pool and home building supply showrooms and sales centers (provided there is no outdoor storage associated with the use).

53.

Public and private educational institutions offering general education courses, including nursery schools and kindergartens.

54.

Public buildings and facilities (government owned).

55.

Public offices or buildings.

56.

Quick oil change store.

57.

Radio, recording or television studios, broadcasting stations and facilities.

58.

Recreation facilities (indoor, such as bowling alleys, skating rinks, shooting ranges and movie theaters).

59.

Shoe repair.

60.

Shopping centers, including grocery stores.

61.

Taxi/limousine service.

62.

Taxidermist.

63.

Transportation terminals for passengers.

64.

Travel agency.

65.

Tire store.

66.

Any building or structure, except a surrounding fence, shall be set back at least thirty feet from any property line.

The facility shall be either, completely surrounded by a woven wire fence at least eight feet high, or shall be enclosed within a building.

The facility shall be furnished with a planted buffer not less than ten feet wide to create an effective visual screen on all sides.

The facility may not be used for the storage of vehicles or equipment.

67.

Watch Repair.

68.

Van, moving or truck rental (e.g., U-Haul, Ryder), provided such facilities comply with the following requirements:

Equipment or rental vehicles shall not be parked or stored in the required front yard.

The storage area for the vehicles or equipment to be rented shall be screened by a solid fence at least six feet high.

The storage area shall be located no closer than one hundred feet from any side or rear property lines zoned residential and shall be appropriately landscaped and maintained.

69.

Restaurants.

70.

Massage therapists properly licensed by the state.

Temporary Uses. Within the C-2 general business district only the following temporary uses are permitted:

The sale of fruits or vegetables not to exceed a period of six months.

Charitable or nonprofit events not to exceed four days.

Pumpkin sales and Christmas tree sales between October 15th and January 1st.

The sale of any items in association with an existing business located on the premises as a principal use (i.e., sidewalk, parking lot or tent sales) not to exceed twenty days.

Requirements for approval of a temporary use permit:

Written permission of the property owner is provided;

These uses are not located within fifty feet of any public right-of-way;

A sign (not portable) may be erected on the property provided it does not exceed a total of sixteen square feet or ten feet in height and is not placed within twenty feet of any public right-of-way;

Adequate parking, ingress and egress are provided on site or written permission is obtained if provided on an adjoining property;

A temporary permit is applied for and approved by the city planner;

All other requirements for licenses and regulations of the city shall be met; and,

A permit for any temporary use on the same property may not be applied for or renewed for a period of not less than six months from the date of any prior approval of a temporary use. However, one ten day extension of the twenty day period, as stated in above, may be granted by the city planner.

Special Exceptions. Within the C-2 general business district, the following uses may be permitted, provided the applicant for such a development is granted a special exception subject to the approval of the zoning board of appeals and subject to such appropriate conditions as the zoning board of appeals may require after a public hearing as required in Chapter 17.150:

Automobile, muffler and/or brake shop.

Automobile, tune-up shop.

Caretaker or watchman quarters as an accessory use.

Contractor's offices or the outside storage of equipment or materials in the rear yard that is screened by an opaque fence and landscaping.

Residential or community shelter.

Special Uses. Within the C-2 general business district, the following uses may be permitted, provided the applicant for such a development is granted a special use permit by the city council after receiving recommendations from the city planner and planning commission and after a public hearing.

Auto body repair shops.

Building materials sales with outdoor storage.

Heavy equipment and farm equipment rental or sales and service.

Equipment or rental vehicles shall not be parked or stored in the required front yard.

The storage area for the vehicles or equipment to be rented shall be screened by a solid fence at least six feet high.

The storage areas shall be located no closer than one hundred feet from any side or rear property lines zoned residential and shall be appropriately landscaped and maintained.

Mobile home or mobile building leasing or sales lots (new or used).

Recreation facilities (commercial outdoor, such as miniature golf courses, driving ranges, water slides or drive-in theaters).

Automotive sales lot and associated service facilities (new and used) provided:

Minimum lot size shall be three acres;

Automotive inventory shall be a minimum of fifty percent new cars. For purposes of this subsection, the term "new car" shall mean a vehicle that has not been previously titled.

Multi-family residential in accordance with Section 17.90.150.

Other Provisions.

No outdoor storage except as otherwise provided in this chapter. Collection boxes or other such structures for depositing apparel, books, furniture or any other household items are prohibited.

The following uses which are normally allowable uses in the C-2, General Business District shall be prohibited within the boundaries of the downtown overlay district:

Automotive sales lots and associated service facilities (new or used)

Automotive muffler and/or brake shop

Automotive tune-up shop

Heavy equipment and farm equipment

Mobile homes or mobile building leasing or sales lots

Commercial outdoor recreation facilities (driving ranges, miniature golf, water slides, etc.)

Contractor's offices or the outside storage of equipment or materials

Residential or community shelter

Board and rooming houses

Building, electrical or plumbing contractors

Building supply stores

Business colleges or business schools

Equipment rental

Miniwarehouse/personal storage

Plumbing, electrical, pool and home building supply showrooms or sales centers

Quick change oil stores

Taxidermist

Taxi/limousine service

Tire store

Van, moving or truck rental

(Ord. 03-009, 2003; Ord. 265A (part), 2001)

(Ord. No. 09-007, exh. B, 11-6-08; Ord. No. 08-009, 6-5-08; Ord. No. 08-016, 8-7-08; Ord. No. 10-010, § 2, 6-3-10; Ord. No. 12-001, § 2, 1-5-12; Ord. No. 19-004, 8-1-19)

17.90.090 - C-3 central business district and heavy commercial district.

The purpose of the C-3 central business district and heavy commercial district is intended for business uses which require a location accessible to major highways and arterials that serve significant portions of the community. It is also the intent of this district to provide areas for businesses which, because of their intensity, outside storage area or hours of operations would have significant negative impacts on adjoining properties. Due to the nature of the businesses permitted within the C-3 district, the zoning district should be limited to property fronting on principal arterials, major arterials or minor arterials, not indicated as residential arterials.

Area, yard and height requirements. See Section 17.90.150.

Permitted Uses. Only the following uses shall be permitted in the C-3 central business district and heavy commercial district, and no structure shall be erected, structurally altered or enlarged for any use other than a use permitted in this chapter with the exception of: (1) uses lawfully established prior to the effective date of this amendment; (2) special exceptions as permitted in this chapter; (3) accessory uses as defined in Section 17.60.090; or, (4) other uses which are clearly similar to and consistent with the purpose of this district.

Accounting offices.

Antique shops.

Animal hospitals or veterinary clinics.

Architecture or engineering offices.

Art and school supply stores.

Art galleries.

Automotive body repair shops.

Automotive car wash (full service or self service).

Automotive parts stores.

10.

Auto repair shops or tire stores including lubrication or tune-up centers (full service and self service).

11.

Automotive service stations, with or without fuel pumps.

12.

Bakeries.

13.

Banks or financial institutions. Automatic teller as accessory or free-standing use.

14.

Barber and beauty shops.

15.

Bicycle shops.

16.

Blueprinting establishments.

17.

Boat sales establishments (new or used).

18.

Book or stationery stores.

19.

Building supply centers with outdoor lumber yards or storage areas, provided these areas are screened with a six-foot high, one hundred percent opaque fence.

20.

Business colleges or business schools operated as a business enterprise.

21.

Camera Store.

22.

Caretaker or watchman quarters as an accessory use.

23.

Car Wash.

24.

Churches, temples and synagogues.

25.

Clothing sales or rental stores.

26.

Clubs, lodges, fraternal institutions and meeting halls.

27.

Contractor's offices with outdoor storage of equipment or materials, provided the storage or equipment areas are screened with a six-foot high, one hundred percent opaque fence.

28.

Convenience food stores with or without fuel pumps.

29.

Cultural facilities.

30.

Custom dressmaking and sewing shops.

31.

Dance studios.

32.

Day care centers, provided the center will comply with all state day care requirements and comply with all health regulations.

33.

Department stores.

34.

Doctor, dentist or chiropractor offices or laboratory.

35.

Drive-in restaurants.

36.

Drug stores and pharmacies.

37.

Dry cleaning, plant or pick-up and delivery stations.

38.

Electronic sales and service establishments.

39.

Florists, flower and gift shop.

40.

Food catering establishments.

41.

Food stores or grocery stores.

42.

Funeral homes and mausoleums.

43.

Furniture rental, sales or service establishments.

44.

Equipment rental, sales or service (including heavy equipment, farm equipment, bulldozers, backhoes, forklifts, cranes, etc.).

45.

Garden supply centers and greenhouses (including accessory outdoor storage).

46.

Gasoline service station.

47.

Gift shops.

48.

Government offices.

49.

Group or congregate personal care homes.

50.

Hardware stores.

51.

Health clubs or spas.

52.

Hobby shops.

53.

Hotels or motels.

54.

Ice cream shops.

55.

Instruction of fine arts.

56.

Insurance offices.

57.

Interior decorating shops.

58.

Jewelry stores.

59.

Laundries and dry cleaning establishments including self service laundries.

60.

Law offices.

61.

Lawnmower repair shops.

62.

Liquor store (package store).

63.

Locksmith shops.

64.

Log splitting and storage lots, provided splitting and storage areas are screened with a six-foot high, one hundred percent opaque fence.

65.

Machine, welding, radiator or muffler repair shops.

66.

Medical clinics or offices.

67.

Mini-warehouse storage facilities.

68.

Mobile buildings (temporary, while any of the permitted or special uses are under construction, but not to exceed six months).

69.

Mobile home or mobile building leasing or sales lots (new or used).

70.

Museum, historical display.

71.

Music stores or studios.

72.

Office/showroom facilities.

73.

Offices, professional and business.

74.

Parking lots and garages.

75.

Pest control businesses.

76.

Pet shops or grooming establishments.

77.

Photocopying and reproduction services.

78.

Photographic studio or supply.

79.

Picture framing.

80.

Plant nursery sales facilities.

81.

Planned shopping centers, including grocery stores.

82.

Plumbing, electrical, pool and home building supply showrooms and sales centers.

83.

Post offices.

84.

Public, buildings and land uses, parks, playgrounds or community centers (government owned).

85.

Public and private educational institutions offering general education courses, including nursery schools and kindergartens.

86.

Radio, recording or television studios and broadcasting stations.

87.

Radio and television repair shops.

88.

Real estate offices.

89.

Record/video sales and rental stores.

90.

Recreation facilities (indoor, such as bowling alleys, skating rinks, and movie theaters and commercial outdoor, such as miniature golf courses, driving ranges, water slides or drive-in theaters).

91.

Residential or community shelters, operated by a nonprofit corporation.

92.

Restaurants and lounges.

93.

Shoe stores and shoe repair shops.

94.

Small appliance repair shops.

95.

Sporting goods stores.

96.

Tailor shops.

97.

Taxidermists.

98.

Taxi cab or limousine services.

99.

Toy shops.

100.

Travel agencies.

101.

Utility company offices.

102.

Any building or structure, except a surrounding fence, shall be set back at least thirty feet from any property line.

The facility shall be either, completely surrounded by a woven wire fence at least eight feet high, or shall be enclosed within a building.

The facility shall be furnished with a planted buffer not less than ten feet wide to create an effective visual screen on all sides.

The facility may not be used for the storage of vehicles or equipment.

103.

Van, moving or truck rental (e.g., U-Haul, Ryder), provided such facilities comply with the following requirements:

Equipment or rental vehicles shall not be parked or stored in the required front yard.

The storage area for the vehicles or equipment to be rented shall be screened by a solid fence at least six feet high.

The storage area shall be located no closer than one hundred feet from any side or rear property lines zoned residential and shall be appropriately landscaped and maintained.

104.

Vehicle rental establishments.

105.

Watch and clock repair shops.

106.

Weaving apparel shops.

107.

Massage therapists properly licensed by the state.

Temporary Uses. Within the C-3 central business district and heavy commercial district only the following temporary uses are permitted:

The sale of fruits or vegetables not to exceed a period of six months.

Charitable or nonprofit events not to exceed four days.

Pumpkin sales and Christmas tree sales between October 15th and January 1st.

The sale of any items in association with an existing business located on the premises as a principal use (i.e., sidewalk, parking lot or tent sales) not to exceed twenty days.

Requirements for approval of a temporary use permit.

Written permission of the property owner is provided;

These uses are not located within fifty feet of any public right-of-way;

A sign (not portable) may be erected on the property provided it does not exceed a total of sixteen square feet or ten feet in height and is not placed within twenty feet of any public right-of-way;

Adequate parking, ingress and egress are provided on site or written permission is obtained if provided on an adjoining property;

A temporary permit is applied for and approved by the city planner;

All other requirements for licenses and regulations of the city shall be met; and

A permit for any temporary use on the same property may not be applied for or renewed for a period of not less than six months from the date of any prior approval of a temporary use. However, one ten-day extension of the twenty-day period, as stated above, may be granted by the city planner.

Special Exceptions. Within the C-3 central business district and heavy commercial district, the following uses may be permitted provided the applicant for such a development is granted a special exception subject to the approval of the zoning board of appeals and subject to such appropriate conditions as the zoning board of appeals may require after a public hearing as required in Chapter 17.150:

Caretaker or watchman quarters as an accessory use.

Carnival rides not to exceed fifteen days, provided no structure or equipment is located within five hundred feet of any residential property lines.

Special Uses. Within the C-3 central business district and heavy commercial district, the following uses may be permitted provided the applicant for such a development is granted a special use permit by the city council after receiving recommendations from the city planner and planning commission and after a public hearing.

Residential apartments, provided the following conditions are met:

The residential use is proposed as part of a mixed use project in which the multifamily element is to be located within the upper stories of a multistory building.

The site shall be served by a city and state of Georgia approved central wastewater treatment reclamation facility.

The density of the residential dwelling units shall not exceed six units per acre.

Adult bookstores, adult entertainment establishments, and adult theaters. Adult bookstores, adult entertainment establishments, and adult theaters may be permitted after finding that the following location requirements have been complied with:

No adult bookstore, adult entertainment establishment, or adult theater, as defined by this title and referred to in this subsection as "Regulated Uses," shall be located, as follows:

Within one thousand feet of the property line of a private residential dwelling;

ii.

Within one thousand feet of the property line of any public library or branch of any public library;

iii.

Within one thousand feet from the property line of any church, shrine, chapel of a mortuary, or other place used exclusively for religious services;

iv.

Within one thousand feet of the property line of any school or college campus. The schools and colleges referred to in this subsection shall include only public, private, or church-supported schools that teach the subjects commonly taught in the common schools and colleges of this state, and shall not include private schools or colleges wherein only specialized subjects such as law, stenography, business, music, art, vocational occupations, and other special subjects are taught;

Within five hundred feet of a regular stop where a school bus for the transportation of school children in the public schools of Barrow County or Gwinnett County shall board or discharge passengers;

vi.

Within one thousand feet of any other regulated use.

Automotive sales lot and associated facilities (new and used) provided:

Minimum lot size shall be three acres;

Automotive inventory shall be a minimum of fifty percent new cars. For purposes of this subsection, the term "new car" shall mean a vehicle that has not previously been titled.

Multi-family residential in accordance with Section 17.90.150.

(Ord. 03-002 § 2, 2003; Ord. 265A (part), 2001)

(Ord. No. 08-009, 6-5-08; Ord. No. 08-016, § 1, 8-7-08; Ord. No. 12-001, § 3, 1-5-12; Ord. No. 19-004, 8-1-19)

17.90.100 - M-1 light manufacturing district.

The M-1 light manufacturing district is comprised of lands that are located on or have ready access to a major street or state highway and are well adapted to industrial development, but whose proximity to residential makes it desirable to limit industrial operations and processes to those that are not objectionable by reason of the emission of noise, vibration, smoke, dust, gas fumes, odors or radiation and that do not create fire or explosion hazards or other objectionable conditions. This district limits industrial, manufacturing and warehousing uses to those which are wholly conducted indoors. The M-1 light manufacturing district is established to provide a location for those heavy commercial and light industrial operations which demonstrate characteristics that are able to meet comparatively rigid specifications for nuisance-free operation.

Area, Yard and Height Requirements. See Section 17.90.150.

Permitted Uses. Only the following permitted uses shall be allowed in the M-1 light manufacturing district, and no structure shall be erected, structurally altered or enlarged for any use other than a use permitted in this chapter with the exception of (1) uses lawfully established prior to the effective date of the amendment; (2) special uses as permitted in this section; or (3) accessory uses defined in Section 17.60.090, or other uses which are clearly similar to and consistent with the purpose of this district.

Agriculture and horticulture, except the raising of livestock.

Appliance repair shop.

Art gallery.

Assembly plant (nondurable goods).

Automatic teller machine (freestanding).

Automobile/truck rental agency.

Reserved.

Bakery shop (accessory retail).

Baking plants.

10.

Building materials wholesaler.

11.

Building material yards, including milling operations.

12.

Cabinet shops and furniture manufacturing.

13.

Cafeteria (employee/accessory only).

14.

Caretaker or watchman quarters as an accessory use.

15.

Churches, temples and synagogues.

16.

Cold storage plant or commercial cold storage.

17.

Contractor's offices with no outdoor storage of equipment.

18.

Funeral homes that may include crematories as accessory use provided the following standards are met:

Compliance with State Law O.C.G.A. § 43-18-72;

Crematory processing area shall be a secondary and ancillary use, occupying no more than thirty percent of the building's floor area.

19.

Day care facilities.

20.

Depot/passenger terminal (bus, rail).

21.

Dog kennels.

22.

Farm equipment sales and service.

23.

Financial services/institutions.

24.

Fraternal club or lodge.

25.

HVAC equipment dealers.

26.

Hospital/clinic/convalescent home.

27.

Ice manufacturing/packing plant.

28.

Laboratory, research and testing.

29.

Machine shop.

30.

Maintenance shop (fleet vehicles).

31.

Meat processing or packaging, except slaughtering, poultry killing, and dressing of animals shall not be allowed.

32.

Medical/dental laboratory.

33.

Mini-warehouses/personal storage warehouses.

34.

Movie studio.

35.

Museum.

36.

Newspaper, printing or publishing.

37.

Offices or office parks.

38.

Office, professional/business.

39.

Outdoor storage yards, other than junkyard, if they meet the following requirements:

They shall be set back at least fifteen feet from any side or rear property lines.

The yard shall be screened by a solid fence at least six feet high located at the edge of the storage yard.

The fifteen-foot area shall be appropriately landscaped and maintained.

40.

Parking garage.

41.

Pest control/extermination business.

42.

Pharmacy (accessory).

43.

Photo processing plant.

44.

Photo studio.

45.

Plant nursery (wholesale or retail).

46.

Plastics extrusion plant.

47.

Plumbing equipment dealers.

48.

Printing/bookbinding/publishing plant.

49.

Public buildings and offices (libraries, government offices, etc.).

50.

Radio/television station and transmitter.

51.

Recreation facilities/training center, indoor (gymnastics schools, baseball academies, etc.).

52.

Recording/rehearsal studio.

53.

Recovered materials processing facility or recycling station, provided the following standards are met:

Activities shall be limited to collection, sorting, compacting and shipping.

Along the entire road frontage (except for approved access crossings), provide a three-foot high landscaped earthen berm with a maximum slope of three to one and/or a minimum six-foot high, one hundred percent opaque, solid wooden fence or masonry wall. The fence/wall or berm must be located outside of any public right-of-way and interior to any landscaped strip. The finished side of a fence/wall shall face the exterior property lines.

The facility shall not be located adjacent to or across the street from any property used for or zoned for single-family residential use.

Lighting for such facilities shall be placed in such a fashion as to be directed away from any nearby residential areas.

Materials collected shall not be visible and shall be deposited in a bin or bunker. All sorting and collection bins shall either be enclosed and have chutes available to the public or be located inside a fully enclosed building.

No outdoor storage of uncontainerized materials shall be allowed.

54.

Residential and community shelters.

55.

Retail sales showrooms and warehouse stores.

56.

Taxi/limousine service.

57.

Telephone exchange building.

58.

Trade/vocational school.

59.

Truck and bus sales leasing/repair (heavy truck/tractor trailer).

60.

Truck or moving van rental (e.g., U-Haul, Ryder), provided such facilities comply with the following requirements:

Equipment or rental vehicles shall not be parked or stored in the required front yard.

The storage area for the vehicles or equipment to be rented shall be screened by a solid fence at least six feet high.

The storage area shall be located no closer than one hundred feet from any side or rear property lines zoned residential and shall be appropriately landscaped and maintained.

61.

Truck terminal.

62.

Upholstery shop.

63.

Utility stations including water and wastewater treatment facilities, building and grounds for storage of vehicles, equipment and materials.

64.

Veterinary offices, hospitals and laboratories.

65.

Weather service station.

66.

Wholesaling and warehousing with offices.

Special Uses. Within the M-1 light manufacturing district, the following uses may be permitted provided the applicant for such a development is granted a special use permit by the city council after receiving recommendations from the city planner and planning commission and after a public hearing:

Railroad sidings for maintenance and terminal facilities for train cars or engines.

Private kindergarten, grade or high school.

Stadium/concert hall/amphitheater (County Board of Education Schools excepted).

Wood chipping/shredding, and yard trimmings composting facility provided the following conditions are met:

Composting materials shall be limited to tree stumps, branches, leaves, and grass clippings or similar putrescent vegetative materials, not including animal products, inorganic materials such as bottles, cans, plastics, metals or similar materials.

Along the entire road frontage (except for approved access crossings), and along the side and rear property lines, provide a three-foot high landscape earthen berm with a maximum slope of three to one and/or a minimum six-foot high, one hundred percent opaque, solid wooden fence or masonry wall. The fence/wall or berm must be located outside of any public right-of-way and interior to any landscape strip. The finished side of a fence/wall shall face the exterior property lines.

No adult bookstore, adult entertainment establishment, or adult theater, as defined by this title and referred to in this subsection as "Regulated Uses," shall be located, as follows:

Within one thousand feet of the property line of a private residential dwelling;

ii.

Within one thousand feet of the property line of any public library or branch of any public library;

iii.

Within one thousand feet from the property line of any church, shrine, chapel of a mortuary, or other place used exclusively for religious services;

iv.

Within five hundred feet of a regular stop where a school bus for the transportation of school children in the public schools of Barrow County or Gwinnett County shall board or discharge passengers;

vi.

Within one thousand feet of any other regulated use.

Automotive repair/body shop.

(Ord. 03-002 § 2, 2003; Ord. 265A (part), 2001)

(Ord. No. 08-009, 6-5-08; Ord. No. 08-016, § 1, 8-7-08; Ord. No. 14-007, § 1, 10-2-14; Ord. No. 19-004, 8-1-19)

17.90.110 - M-2 heavy manufacturing/ industry district.

Intent and Purpose. The M-2 heavy manufacturing/industry district provides a location for those industrial operations and processes that are not public nuisances and are not dangerous to the health, safety or general welfare of the inhabitants of the city. The M-2 heavy manufacturing/industry district shall be located on or have ready access to a major street, as defined in this title.

Area, yard and height requirements. See Section 17.90.150.

Permitted Uses. Only the following permitted uses shall be allowed in the M-2 heavy manufacturing/industry district, and no structure shall be erected, structurally altered or enlarged for any use other than a use permitted in this chapter with the exception of: (1) uses lawfully established prior to the effective date of the amendment; (2) special uses as permitted in this section; or (3) accessory uses defined in Section 17.60.090, or other uses which are clearly similar to and consistent with the purpose of this district.

Aircraft factory.

Alcoholic beverage plant/distillery.

Assembly plant (durable goods).

Concrete or masonry plant.

Chemical plant.

Crematory.

Dye casting works.

Feed processing facility.

Fertilizer plant.

10.

Manufacturing, outdoor.

11.

Metal smelting/forging works.

12.

Railroad maintenance terminal, repair/storage yard facilities.

13.

Rubber/tire/retreading plant.

14.

Stadium/concert hall/amphitheater (county board of education schools excepted).

15.

Sugar refinery.

16.

Tannery-leather processing.

17.

Wood chipping/shredding, and yard trimmings composting facility, provided the following conditions are met:

Composting materials shall be limited to tree stumps, branches, leaves and grass clippings or similar putrescent vegetative materials, not including animal products, inorganic materials such as bottles, cans, plastics, metals or similar materials.

Special Uses. In addition to the criteria for review listed in Section 17.170.070 for a special use permit, the following criteria shall also be addressed for a special use within the M-2 heavy manufacturing/industry district:

The proximity of the proposed use to existing residential structures or residentially zoned property;

Whether the proposed use will generate pollutants of the air or water and, if so, the method proposed by the applicant for insuring that the proposed use will comply with all state and federal environmental regulations;

Whether the proposed use will generate excessive traffic, noise, vibration, smoke, dust, gas fumes, odors, radiation, or create a fire or explosion hazard which may be objectionable due to proximity to surrounding structures, or which will adversely affect the existing use or usability of adjacent or nearby property;

How neighboring properties may be affected by the height of any proposed structure; and

Whether the use would be consistent with the needs of the neighborhood or the community as a whole, be compatible with surrounding land uses and would not be in conflict with the overall general objectives of the comprehensive land use plan.

Within M-2 heavy manufacturing/industry district, the following uses may be permitted provided the applicant for such a development is granted a special use permit by the city council after receiving recommendations from the city planner and planning commission and after a public hearing:

Asphalt plant.

Bulk storage tanks, including natural gas or fuel storage stations. No aboveground storage facilities may be located closer than five hundred feet to a residential district. All storage is to be subject to approval of the fire department.

Composting facility.

Explosives plant/storage.

Petroleum refinery/processing plant.

Paper/pulp mill.

Scrap tire processing plant.

Solid waste transfer stations.

Waste incineration facility.

10.

Adult entertainment facilities, provided the standards of Chapter 5.40 are met.

11.

Landfills, provided the following conditions are met:

A minimum two hundred-foot natural, undisturbed buffer shall be provided between all active waste burial areas and exterior property lines except for approved perpendicular access and utility crossings.

A minimum seventy-five foot natural, undisturbed buffer shall be provided between nonwaste disposal operations and exterior property lines except for approved perpendicular access and utility crossings.

The limits of any one hundred-year floodplain or a stream buffer of two hundred feet, whichever is greater, shall be preserved as natural, undisturbed area except for approved perpendicular access and utility crossings.

The entire site shall be fenced with a minimum six-foot high chain link security fence.

The landfill shall be located on or have direct private access to a road designated on the long range road classification map as a major collector, minor arterial, major arterial or principal arterial.

The applicant shall include with the special use permit application a report detailing the phasing of the landfill and plans for closure and reclamation.

The following waste disposal/recycling facilities shall be permitted as accessory uses to landfills meeting the above standards:

(1)

Composting, municipal solid waste;

(2)

Composting, yard trimmings;

(3)

Gas recovery/gas cogeneration plant;

(4)

Recovered materials processing facility;

(5)

Solid waste transfer stations.

12.

A quarry for the removal of minerals and other natural materials, together with necessary buildings, machinery and appurtenances thereto, provided that:

Quarry areas being excavated shall be entirely enclosed within a fence located at least ten feet back from the edge of any excavation and of such constructions and height as to be demonstrably able to exclude children and animals from the quarry area.

The operators and owners of the quarry present to the mayor and council an acceptable comprehensive plan for the reuse of the property at the cessation of the quarry operations.

In the case of an existing quarry, an extension of the quarry operations beyond the areas being quarried or approved for quarrying at the effective date of the zoning ordinance codified in this title for the city, shall be permitted and shall not be considered a new operation, provided that the extension does not extend to within one thousand feet of a residential or commercial zoning district boundary line.

13.

Salvage operation and junk yard, provided the following conditions are met:

The junkyard is located no closer than three hundred feet to a residential or commercial zoning district boundary line.

The junkyard is completely enclosed with a solid fence not projecting into the right-of-way of any roadway adjoining the junkyard, not less than eight feet high and in no case less than such height as will effectively screen all storage and other operations from view.

The junkyard is located no closer than one thousand feet from the nearest edge of the right-of-way of any major arterial roadway. Within this subsection "major arterial roadway" is defined as any roadway, street or thoroughfare within the city limits, having a right-of-way of one hundred feet or greater.

14.

No adult bookstore, adult entertainment establishment, or adult theater, as defined by this title and referred to in this subsection as "Regulated Uses," shall be located, as follows:

Within one thousand feet of the property line of a private residential dwelling;

ii.

Within one thousand feet of the property line of any public library or branch of any public library;

iii.

Within one thousand feet from the property line of any church, shrine, chapel of a mortuary, or other place used exclusively for religious services;

iv.

Within five hundred feet of a regular stop where a school bus for the transportation of school children in the public schools of Barrow County or Gwinnett County shall board or discharge passengers;

vi.

Within one thousand feet of any other regulated use.

15.

Automotive repair/body shop.

(Ord. 03-002 § 2, 2003; Ord. 265A (part), 2001)

(Ord. No. 08-016, § 1, 8-7-08; Ord. No. 19-004, 8-1-19)

17.90.120 - MH mobile home park district.

This zoning district is intended exclusively for the placement of manufactured housing (mobile homes) in an environment that will provide pleasant and otherwise satisfactory living conditions, and, at the same time, will not produce adverse effects upon neighboring properties. No future manufactured housing permits shall be issued outside zoned areas. This zoning district is intended to cover only the properties already zoned MH within the city and is not to be utilized for purposes of developing other properties not currently zoned MH. Rezoning applications for this zoning classification will not be considered by the city.

Area, Yard and Height Requirements. See Section 17.90.150.

Permitted Uses. Only the following permitted uses shall be allowed in the MH mobile home park district, and no structure shall be erected, structurally altered or enlarged for any use other than a use permitted in this chapter with the exception of: (1) uses lawfully established prior to the effective date of the amendment; (2) special uses as permitted in this section; or (3) accessory uses defined in Section 17.60.090, or other uses which are clearly similar to and consistent with the purpose of this district.

Single-family homes, constructed on lots of record, which meet all requirements of the R-100 district, Section 17.90.110.

Manufactured homes, provided that:

All mobile homes or manufactured homes moved into the city must bear an approval seal of either H.U.D. or Georgia D.C.A.

The city building official may inspect any manufactured home at any time for the purpose of determining if the unit is safe for the purposes of habitation. If the unit is found in his/her opinion not to be safe, or if the septic system for the unit is found to not function properly, the owner shall be notified of the finding, and the city shall require compliance corrections to be undertaken by the property owner on the unit or lot, and if corrections are not completed, the property owner shall be required to remove the dwelling unit.

Customary Accessory Buildings and Uses.

Accessory buildings, structures and uses shall be permitted only within the required rear yard unless specifically exempted in this title.

Accessory buildings, structures and uses shall be located on the same lot of record as the principal building, structure or use.

Customary home occupations, including day care homes and personal care homes, provided they shall be approved and licensed by Georgia Department of Human Resources and a special use permit is granted by the city.

The raising and keeping of household pets.

Churches, temples and synagogues provided:

They are located on a site of not less than five acres with two hundred fifty feet of road frontage.

The buildings are located not less than fifty feet from any street and not less than thirty feet from any side or rear property line.

If adjacent to residentially-zoned property, a buffer of at least fifty feet wide shall be provided along the property lines adjacent to the zoning, provided, however, that this buffer may be reduced to no less than twenty feet in width adjacent to the sanctuary building or "Sunday school" educational building and parking related to these buildings.

A church, temple or synagogue located in a manufactured building may be erected on the property for a period not to exceed three years.

Public and semi-public playgrounds, parks, lakes and buildings, operated on a nonprofit basis for recreational and public community purposes only.

Any building or structure, except a surrounding fence, shall be set back at least thirty feet from any property line.

The facility shall be either, completely surrounded by a woven wire fence at least eight feet high, or shall be enclosed within a building.

The facility shall be furnished with a planted buffer not less than ten feet wide to create an effective visual screen on all sides.

The facility may not be used for office space, storage space or for the storage of vehicles or equipment.

Existing manufactured housing parks, provided the following conditions are met:

Any replacement manufactured home unit shall be supported by piers as prescribed by the manufacturer, NFPA, 105 A, with solid concrete footing. These piers shall be spaced at intervals of twelve feet or less.

All manufactured home foundations shall be enclosed by a curtain wall of manufactured mobile home skirting material, metal or other material painted to match the exterior of the manufactured unit, or masonry construction.

The manufactured home must be connected to water and an approved septic system or an approved public sewerage system. Prior to the approval of a replacement of an individual manufactured unit, an existing system evaluation shall be made by the environmental health department to determine if the septic tank system is functioning properly, and approval of the environmental health department shall be provided before a replacement permit is granted.

The electric service must be wired in accordance with the adopted electric code of the city.

Only one manufactured home will be permitted on each existing lot.

Prior to the establishment of any mobile home under the provisions of this section, a building and occupancy permit shall be obtained from the city.

(Ord. 265A (part), 2001)

(Ord. No. 10-017, § 1, 10-7-10)

17.90.121 - Temporary uses.

The following temporary uses are allowed on properties zoned C-1, C-2, C-3, M-1, M-2 and on properties used for institutional, educational or religious purposes:

Temporary uses.

The sale of fruits or vegetables not to exceed a period of six months;

Charitable or nonprofit events not to exceed four days in succession;

Pumpkin sales and Christmas tree sales between October 1st and January 1st;

Each of these sales shall obtain a temporary use permit and satisfy the following requirements:

Written permission from the property owners shall be provided,

These uses are not located within twenty feet of any public right-of-way,

A sign (not portable) may be erected on the property, provided it does not exceed a total of sixteen square feet and ten feet in height and is not placed within twenty feet of any existing public right-of-way,

Adequate parking, ingress and egress are provided on-site or written permission is obtained if parking occurs on an adjoining property,

A temporary permit is applied for and approved by the city planner or code enforcement officer,

All other requirements for licenses and regulations of the city shall be met, and

A permit for any temporary use on the same property may not be applied for or renewed for a period of not less than six months from the date of any prior approval of a temporary use;

No other temporary uses shall be permitted.

(Ord. 03-003, 2003)

(Ord. No. 08-016, § 1, 8-7-08)

17.90.130 - Floodplain district.

A floodplain district is established which shall correspond to all lands within the city that are mapped as floodplain or flood prone lands as indicated on maps that have been prepared by the Federal Emergency Management Agency and/or the soil survey of Gwinnett County and/or Barrow County prepared by the USDA Soil Conservation Service. This district shall be an overlay district.

The intent of the regulations within this section is to limit the use of land contained within a floodplain. Notwithstanding the uses permitted for any applicable zoning district which apply to the property, no building or structure or land shall hereafter be used or occupied other than in this section provided, and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or altered except in conformity with the requirements of this regulation when such lands fall within or are affected by a floodplain.

Uses Permitted in the Floodplain. Within a floodplain, the following uses may be permitted subject to the requirements of the development regulations:

Agriculture, including forestry and livestock raising, requiring no structure within the flood way except structures for temporary shelter and including agriculture and forestry access roads.

Dams, provided they are designed and constructed in accordance with specifications of the State Safe Dam Act latest revision and the development regulations.

Public parks and recreation areas and facilities requiring no structures within the floodplain, except structures for temporary shelter, including, but not limited to, boat ramps, docks, parking areas and recreation facilities; private and commercial recreation developments and campgrounds.

Bridges, culverts and the roadway fill related to these structures.

Parking areas. All required parking areas shall be located at an elevation higher than the calculated five-year storm, and shall not be located within any floodway.

Outdoor storage.

Fences having sufficient open area to permit the free flow of water and debris.

Public utility poles, towers, pipelines, sewer and other similar public and semipublic utilities and facilities.

Signs and sign structures, provided they permit the free flow of water and debris.

Lot Area Restrictions. All concept plans, site plans, preliminary plats, and final subdivision plats with all or portions of the land area contained within the floodplain, or contiguous to the floodplain, shall comply with the following requirements, as applicable:

In all residential zoning districts, up to fifty percent of the area located at or below the base flood elevation may be used in computations for meeting the density requirements in accordance with the provisions of this title.

No subdivision lot shall be approved which has less than fifty percent of the minimum lot area required by the applicable zoning district located above the base flood elevation.

Each plat or site plan submitted for rezoning, special use permit, or variance application shall contain a readily identifiable line indicating the limits of the base flood elevation if any portion of the property lies within the floodplain. This line shall be clearly labeled and the base flood elevation above mean sea level stated. The plat or site plan shall indicate where the base flood elevation has been established by the Federal Emergency Management Agency or where the base flood elevation has been calculated by a registered professional engineer using the best available information.

(Ord. 265A (part), 2001)

17.90.140 - PUD planned unit development district.

Intent. The intent of a planned unit development is to foster innovative developments that provide an innovative mix of residential land uses and development patterns which complement the existing fabric of Auburn, provide new development compatible with existing developments and patterns, and are supportive of the comprehensive plan.

Purpose. This district encourages flexible placement, arrangement and orientation of residential structures, active open spaces, and resident-focused amenities. A planned unit development enables unique land development that may be constrained in other established zoning districts through careful site master planning.

Establishment of a PUD district. An area may be considered for rezoning to PUD if any one of the following conditions exists:

The characteristics of the specific concept plan and uses proposed for the subject property would only be compatible with the surrounding area if the development were limited to those plans and uses as submitted;

Separate land uses, which would not otherwise be permitted to locate within the same zoning district, are proposed for development on one or more adjacent parcels under single ownership;

Exceptions or variation from the size, setback, frontage, density, uses or other standards which are required in the conventional zoning districts are being proposed as a part of a planned development.

Minimum Standards and Requirements. All proposed PUD planned unit development district applications shall conform to all of the following requirements:

The maximum density shall not exceed three dwelling units per gross acre.

The site shall abut public streets for a distance of at least one hundred linear feet.

A registered engineer, architect, land surveyor or landscape architect shall prepare the plans required for inclusion in an application. The plans shall have their official registration seal.

Sidewalks shall be required along both sides of all streets within a PUD. The construction standard of the required sidewalks are given in the city development regulations; however, the minimum width of all sidewalk along streets shall be five feet.

The site proposed for a PUD classification shall have a contiguous area of not less than ten acres.

Permitted Uses.

Any use allowable inherently in a conventional zoning district in this title may be proposed for inclusion in a PUD planned unit development district. Each proposed use should be consistent in application with the intent and purpose of the conventional zoning districts in which it is allowed. Only the specific uses proposed in an application and approved shall be allowed in the district. Any addition of uses, change of plans, or increase in size or density shall require a separate amendment to the original approved PUD planned unit development district and shall follow the same administrative process as any other amendment. Initial approval of a PUD planned unit development district by the city does not mean that subsequent amendments to that planned unit development carry any requirement to be approved by the city council for revision to the plan. Unless otherwise stated in this section, the development standards and land uses which are presented with an application for amendment shall, if approved, become the standards for the subject property and as such shall become a part of these zoning regulations.

A PUD shall provide primarily single-family residential land uses. Where appropriate, a mixture of single- and two-family residential land uses, as provided below, may be incorporated into a single PUD project.

Residential; single-family detached.

Residential; single-family attached (town houses).

Residential; two-family (duplexes).

Required Reports and Plans. At the time a site is designated as a PUD district, the enumerated uses of the zoning district of origin shall be replaced by the contents of the approved PUD. Every application for PUD district zoning shall include all the elements as provided in this subsection. No application for rezoning to the PUD district shall be deemed complete or scheduled for hearing until all required elements are included.

Letter of Intent. A letter of intent also known as a narrative statement, shall be provided which conveys the following:

General description and location of the site;

The physical and socio-economic reasons as to why the uses proposed in the planned development would provide a better overall use of this property over the current zoning;

The proposed provision of utilities, including water, sewer, and drainage facilities;

The proposed methods for protection and buffering of abutting properties;

The proposed number of residential units and overall residential density (dwelling units per acre);

The area of land, expressed to the nearest square foot and as a percentage of the overall site, to be set aside as common open space or recreational areas. Areas of the site contained within overhead power easements or stormwater detention ponds shall not count towards these calculations, and cannot be considered as common open space or recreation areas;

The proposed maintenance and ownership agreements for any streets and common open spaces not proposed for dedication to the city;

The proposed restrictions on the use of the property and proposed restrictive covenants;

The proposed minimum building setbacks for front, side, and rear yards, and the proposed minimum lot size and lot width for each proposed land use, expressed to the nearest square foot;

The proposed minimum lot size and lot width for each proposed land use, expressed to the nearest square foot;

The names and mailing addresses of all adjoining property owners;

An architectural pattern guide demonstrating proposed building materials, features, exterior finishes, windows, doors, colors, and other items affecting exterior appearance, such as fencing. The guide shall include renderings, elevations, and floor plans of proposed buildings; and

Additional relevant data as may be required by the planning commission or the city council.

Concept Plan. A detailed conceptual plan prepared by a registered engineer, architect, land surveyor or landscape architect shall be required for all applications to rezone to the PUD district. The required concept plan shall include the following information:

A survey of the entirety of the subject property, conducted no greater than twenty years prior to the date of PUD district application completeness. The survey shall depict all property dimensions with metes and bounds, site acreage, a scale, north arrow and tie in point to a known location (road intersection/land lot corner, etc.). Additionally, the survey shall provide, for all adjoining properties, the property owner name(s), tax parcel number, and zoning designation;

Site topography with contour intervals no greater than two feet;

Lakes, ponds, streams, creeks, floodplains, and other waterways. The source(s) of floodplain data shall also be provided;

The proposed subdivision of the site, with precise lot lines, building setbacks, and a lot data table which provides, at a minimum, the area (expressed to the nearest square foot), width and land use of each proposed lot.

The proposed internal access network, consisting of streets, alleyways, trails, sidewalks, and other mediums, how ingress and egress to the site will be provided, proposed emergency access points, off-street parking areas and quantities, and road names, and;

Stormwater management areas;

Administrative Review. Of the above identified requirements of the written report and concept plan, as well as any other requirements of this title, shall be met before the planned development rezoning request is presented to the planning commission for its review and recommendation. Specific requirements of the administrative review process are as follows:

The city planner or his designee shall be responsible for reviewing the written report and concept plan, and verifying the completeness of the application; prior to the application being placed upon the planning commission agenda;

The city planner shall periodically prepare, post and distribute a timetable for his review and verification of the required exhibits;

Neither the planning commission, city planner/engineer, nor any other appointed official shall possess the authority to waive any of the written report or concept plan requirements;

An applicant for a rezoning to PUD planned unit development district, may present a written request to the city council to waive individual requirements of the written report or concept plan; however, a separate request must be submitted for each requested waiver, and must include a specific and valid reason as to why the waiver is necessary; economic hardship shall not constitute or be considered as a valid reason for a waiver request.

Standards for single-family residences. All attached and detached single-family residences constructed within a PUD shall be subject the standards contained herein. These standards serve to promote consistency and aesthetically pleasing residential development within the city.

Exterior finish materials.

No less than fifty percent of the front façade of each residence shall consist of masonry, brick, stone, wood, or cementitious fiberboard.

The façades of each individual residence, except for the front façade, shall be constructed with water tables of masonry, brick, or stone which extend no less than twenty-four inches vertically from the ground below. Each water table shall extend the entire width of the façade.

The use of vinyl, aluminum, plastic, and bare metal for exterior siding shall be prohibited.

Architectural requirements.

All single-family residences shall be constructed with a porch, deck, or patio measuring no less than thirty-six square feet in area.

Architectural projections shall be incorporated to prevent monotonous appearances.

Façade variations.

Changes in masonry color or other façade materials are required,

Changes in window placement and/or composition are required.

Building dimensions.

The minimum heated floor area of a residence shall be consistent with the formally adopted standards of a given PUD. The minimum heated floor area shall at a minimum be two thousand square feet for single-story dwellings and two thousand four hundred square feet for two-story dwellings.

No residence shall exceed thirty-five feet in height. This is not inclusive of basements or subterranean construction.

Detached residential units shall measure no less than thirty-two feet in width.

Attached residential units (town houses) shall measure no less than twenty-six feet in width.

Buildings containing town houses shall contain a maximum of six residential units.

Garages.

All detached and attached residential units shall be constructed with a garage with a footprint of no less than two hundred square feet. The garage shall be contained within the residence it serves, or be connected to the subject residence by a covered breezeway no less than four feet in width.

The total width of garage doors on the front façade of a detached residence shall not exceed forty-five percent.

The total width of garage doors on the front façade of an attached residence shall not exceed fifty-five percent.

The requirements herein shall not apply to residences with garage doors at the rear façade, also known as "rear-loaded" residences.

Driveway design.

Driveways which are partially or wholly located in the front yard of the residence they serve shall measure no less than twenty-two feet in length, measured from the front property line to the front of the garage door, or where the driveway otherwise terminates.

No driveway shall have an overall slope greater than twelve percent.

The requirements herein shall not apply to residences with garage doors at the rear façade, also known as "rear-loaded" residences.

Lot area.

A lot which hosts a detached residence shall measure no less than seven thousand five hundred square feet in area.

A lot which hosts an attached residence that has a rear-loaded garage shall measure no less than two thousand square feet in area.

A lot which hosts an attached residence without a rear-loaded garage shall measure no less than three thousand square feet in area.

Resident Amenities. PUD districts shall provide their residents with common amenities which are proportional to their sizes and densities. Residential amenities positively impact the people they serve and generally improve quality of life. Complete construction and installation of all approved resident amenities shall be completed before certificates of occupancy have been issued for fifty percent of the approved residential units.

Amenity types. Acceptable resident amenities are provided below; additionally, each amenity type is assigned a score.

Amphitheater, greater than one thousand square feet (one point).

Amphitheater, greater than two thousand five hundred square feet (two points).

Basketball courts, regulation size (two points).

Children's active play area, greater than one thousand square feet (one point).

Children's active play area, greater than five thousand square feet (two points).

Clubhouse, less than three thousand square feet in heated floor area (two points).

Clubhouse, greater than or equal to three thousand square feet in heated floor area (three points).

Community garden, less than one thousand eight hundred square feet (one point).

Community garden, greater than or equal to one thousand eight hundred square feet (one points).

Dog park, greater than or equal to thirty thousand square feet (one point).

Gazebo, greater than one hundred square feet (one point).

Pickleball courts, regulation size (two points).

Swimming pool, less than one thousand eight hundred square feet of submerged area (two points). Must be accompanied by the construction of a clubhouse.

Swimming pool, greater than or equal to one thousand eight hundred square feet of submerged area (three points). Must be accompanied by the construction of a clubhouse.

Tennis courts, regulation size (two points).

Wading/"kiddie" pool, greater than five hundred square feet of submerged area (one point).

Repeated Amenities. No PUD development approved for fewer than one hundred ten residences may earn points for installing more than one of the same amenity as provided herein. PUD developments containing a minimum of one hundred ten residences may install several instances of any given amenity to earn points, provided that the following conditions are met.

No greater than two instances of the same amenity type may be installed for the purpose of earning points if the development is approved for fewer than one hundred seventy residential units.

No greater than three instances of the same amenity type may be installed for the purpose of earning points if the development is approved for a minimum of one hundred seventy residential units.

Amenities of the same type shall not be placed within one thousand feet of each other, measured by the shortest linear distance separating them, for the purpose of earning points.

The amenity type is not a gazebo, dog park, nor a wading/"kiddie" pool.

Amenity Score. The amenity requirements for a PUD district are dictated by the dwelling county and overall residential density. The table below provides the minimum number of points ("score") needed based on those factors.

Overall Residential Density	Dwelling Count	Minimum Required Amenity Score (points)
Less than 2.00 dwelling units per acre.	Fewer than 20 units	1
	20 to 49 units	2
	50 to 109 units	3
	110 to 169 units	5
	170 to 249 units	8
	Greater than 249 units	11
Greater than or equal to 2.00 units per acre.	Fewer than 20 units	1
	20 to 49 units	2
	50 to 109 units	4
	110 to 169 units	7
	170 to 249 units	10
	Greater than 249 units	13

Landscaping and Buffer Requirements. All PUD districts shall be appropriately buffered from adjacent properties and land uses as provided herein. The buffer shall remain natural and undisturbed, with no intrusions unless specifically authorized by conditions of zoning, special use, or variance approval. The buffer shall retain the existing trees and vegetation and may be supplemented with additional plantings to screen activities, structures, and uses on the property from view. No part of this subsection shall be construed as to provide an exemption from any ordinance or regulation which pertains to landscaping, buffering, screening, or trees.

If a PUD district abuts an R-100 district, and is approved for the development of duplexes, or single-family attached dwellings, a buffer no less than fifty in depth shall be required. This buffer shall be installed directly onto the PUD property and extend the entire width of the abutting R-100 district boundaries in a parallel form.

If a PUD district abuts a PSV, RM-D, or RM-8 district, and is approved for the development of, duplexes, or single-family attached dwellings, a buffer no less than twenty-five in depth shall be required. This buffer shall be installed directly onto the PUD property and extend the entire width of the abutting PSV, RM-D, or RM-8 district boundaries in a parallel form.

Street trees shall be required at a rate of no less than one tree per each residential unit in the development. All rights-of-way within the development shall be located within five hundred feet of a street tree. Street trees shall measure of no less than ten feet from each other measured at the time of planting. A variety of tree species shall be provided; no greater than thirty percent of street trees shall be of one single species. All street trees shall be of an acceptable species as established by city development regulations.

Conformity with Submitted Application Materials. All development within a PUD district is concept plan specific and must be conducted in accordance with the approved concept plan. The passage of time shall have no bearing on the validity of a PUD district and the enforceability of the approved concept plan.

All further development on the property shall conform to the standards adopted for the district, regardless of any change in ownership.

The violation of any provision of zoning conditions, as submitted and approved under the provisions in this title, shall constitute a violation of these regulations.

Amendments to Approved Planned Unit Developments. Amendments to the concept plan, land use, layout, density, or other aspects of an approved PUD shall be proposed to the city planner/engineer prior to formal consideration. Minor amendments to an approved PUD are limited to increases in lot sizes, decreases in overall residential density, decrease in total residential lot count, and minor street layout modifications that would not affect adjacent properties. Any amendment to an approved PUD that is not considered minor, as provided herein, shall constitute a major amendment.

The city planner/engineer is authorized to approve minor amendments to a PUD, without the approval of the city council.

Major amendments to an approved PUD shall be approved by the city council. Any applicant for major amendments to a PUD shall initiate a rezoning application for the subject property, so that it may be rezoned from the current PUD to the proposed amended PUD. If the rezoning application is approved, the PUD zoning shall change to that which was approved.

(Ord. 265A (part), 2001)

(Ord. No. 08-016, § 1, 8-7-08; Ord. No. 24-014, 10-10-24; Ord. No. 25-004, § (Exh. A), 3-13-25)

17.90.141 - PSV Planned suburban village.

Definition. The planned suburban village (PSV) district is intended to provide for an appropriately scaled and designed mixed use development for communities that are not in a major urban center and:

Applied to a minimum fifty-acre parcel under unified control and is to [be] developed as a whole or in series of defined phases;

For buildings and land specifically related to the character and purpose of the district;

With a program for provision, operation and maintenance of such areas, facilities and improvements proposed for common use by some or all of the occupants of the district, but will not be provided, operated or maintained at general public expense.

Intent.

To provide for compact development in areas where services and amenities can be more distant from residences than in urban centers and to establish complimentary groupings of residential, commercial and/or office uses for efficient use of land, harmonious diversity, while enhancing the value and aesthetics of the surrounding community;

To establish a connective system of streets and pedestrian pathways that encourages alternatives to private automobile use by an appropriate scaling of origin and destination points;

To provide an improved level of amenities, landscaping, design in a unified plan of development in harmony with the purpose and intent of the comprehensive land use plan;

Permitted Uses.

Single-family, duplex, multiple-family dwellings.

Offices; clinics (other than veterinary).

Banks, savings and loan associations, and similar financial institutions.

Retail stores.

Eating and drinking establishments without drive throughs or outdoor speakers.

Barbershops, beauty shops and similar personal service establishments.

Laundry and dry cleaning collection stations; laundry and dry cleaning establishments where equipment is operated by customers.

Tailoring, custom dressmaking, millinery and similar establishments with on-premises retail sales only.

Repair establishments for shoes, clocks, watches and similar articles.

10.

Hotels.

11.

Day care.

12.

Recreation establishments, including theaters, bowling alleys, poolrooms, billiard parlors and similar establishments.

13.

Churches, synagogues, temples, mosques and other religious worship facilities.

Nonpermitted Uses. The following uses shall not [be] permitted in this zoning district:

Pawnshops, check cashing businesses, excluding banks and credit unions;

Adult entertainment establishments as defined by Section 17.30.020 of this Code, including, but not limited to adult bookstores, video or DVD adult rental or purchase, adult movie or adult live theaters, adult gifts and novelties, and other venues or viewing other adult entertainment through any other electronic or other technological medium;

Automotive repair shops, dealerships and service stations, boat sales, auto parts stores;

Tattoo parlors;

Palm reading and fortunetelling, including psychic and crystal ball readings;

Carnivals;

Stables;

Shooting galleries, firearm and archery ranges;

Firearms dealers;

10.

Modeling agencies;

11.

Bathouses;

12.

Hypnotists;

13.

Handwriting analysis;

14.

Escort services;

15.

Bazaars;

16.

Flea markets;

17.

Junk stores;

18.

Labor pools;

19.

Health clinics;

20.

Extended stay motels/hotels.

Conditional Uses:

Gas stations and convenience stores.

Drive-thru restaurants;

Veterinary clinics, offices, or hospitals.

Fitness facility or gym.

Application Procedure. All PSV proposals shall be governed by the provisions in Chapter 17.170 for amendments to the official zoning map.

Required Exhibits. Material submitted with the application or on subsequent request by the city planner shall include plans, maps, studies and reports which may reasonably be required to make the determinations called for in the particular case and to include the items designated below and with sufficient copies for necessary referrals and records, as provided in the rules of the bureau:

Location of tract or parcel by vicinity map at a scale of not less than one inch equals two thousand feet, and landmarks sufficient to property identify the location of the property.

An accurate and current (within one year) boundary survey of the tract by a registered surveyor or professional engineer to include existing and proposed roads, indicating rights-of-way, easements and utilities; watercourses and their names; present use of any structure.

Proposed buildings, streets, sidewalks, buffers, landscaping, parks, plazas, and parking areas. Information on buildings shall describe its number of stories, height and floor area.

Location of ingress and egress to the site with dimensions.

Existing and proposed contours accurately shown with a maximum of five-foot contour intervals at a scale of not less than fifty feet to the inch. Other maximum intervals may be required by the bureau of planning where topographic considerations warrant.

Floodplain, if applicable.

A report identifying all property owners within the area of the proposed district giving evidence of unified control of its entire area. The report shall state agreement of all present property owners and/or their prospective successors in title to proceed with the proposed development according to the regulations in effect when the map amendment creating the PD district is passed, with such modifications as are set by the council in the course of such action.

A report establishing a program for maintenance of all common areas, including open space and streets, through condominium association, homeowner association, bonding or other protective maintenance agreement.

Preliminary Review of Application. It is recommended that the applicant schedule a preliminary review of the application with the city planner.

Conceptual Site Plan Criteria.

Residential density shall be based upon gross project acreage, and may be developed up to a maximum of thirty-two units per acre. Maximum building height shall be limited to a maximum of four stories, not to exceed sixty feet. The planning commission may recommend to the city council a reduction in maximum project density and/or building height on a case-by-case. Residential uses may occupy no more than seventy percent of the gross site acreage (exclusive of required common area).

Common area shall be provided according to the following standards:

At least twenty percent of the gross project acreage (excluding one hundred-year floodplain and wetland areas) shall be designated on a recorded plat as permanent common area.

Sidewalks and associated amenities may be credited toward common area calculations, if the sidewalk is constructed at a width of eight feet or greater and the streetscape is enhanced with decorative, commercial quality street furniture, fountains, planters, public seating, amenities within the project that encourage pedestrian connectivity between uses such as plazas, arcades, greenways and/or similar improvements that are clearly intended as gathering spaces or that act as connectors to adjacent buildings or uses may be counted toward the twenty percent common area requirement (subject to review of streetscape design or other required submittals by the department of planning and development).

Landscaped strips along internal or external streets may be credited toward common area calculations if the landscaped strip is constructed at a continuous width of twenty-five feet or greater.

Offsite sidewalks, greenways, bike trails, and similar improvements providing inter-parcel access along with associated landscape strips constructed as part of the mixed-use development may be counted toward the twenty percent common area requirement subject to the filing of appropriate reciprocal access agreements between property owners.

Wetland and floodplain areas shall be preserved in their natural state except for the installation of required detention facilities and stormwater BMPs. However, these areas do not count toward the common area requirement.

Stormwater facilities may be located within common area, if designed and improved as an amenity, subject to review and approval of the city planner.

Common areas shall be distributed throughout the project to provide linkages, amenities and visual appeal for the development. Final common area design shall include provision of at least one centrally located public gathering area (with related amenities and improvements) in the form of a town green, amphitheater, landscaped plaza, or similar approved element.

Common area ownership. Common areas, stormwater facilities, floodplain and wetland areas shall be owned in fee-simple by a mandatory property owner's association or entity which administers a reciprocal access and maintenance agreement for the project. The developer shall record the deed to the common area prior to, or concurrent with PSV application review. An access easement following the alignment of future public streets is acceptable. However, "pocket parks" or "greens" may be deeded concurrent with the unit or phase of the development of which it is a part.

Property owner's association. The property owner's association bylaws or covenants, at a minimum, shall contain the following provisions:

Governance of the association by the Georgia Property Owner's Association Act (O.C.G.A. § 44-3-220 et seq.) or a successor to that act that grants lien rights to the association for maintenance expenses and tax obligations.

ii.

Responsibility for maintenance of common areas.

iii.

Responsibility for insurance and taxes.

iv.

Automatic compulsory membership of all property owners and subsequent lot purchases and their successors; and compulsory assessments.

Conditions and timing of transferring control of the association from the developer to the property owners.

vi.

Guarantee that the association will not be dissolved without the advance approval of the board of commissioners.

vii.

Restrict the time of deliveries to commercial businesses and dumpster pick-up to between 7:00 a.m. and 9:00 p.m.

Maintenance. The property owner's association, or other entity approved in advance by the board of commissioners, shall be responsible for the continuous maintenance of buffers, common areas and recreation areas.

Buffer and landscaping requirements:

A fifteen-foot wide landscaped strip shall be placed along all external and internal streets within the development.

Approved understory trees shall be planted in the strips at a minimum on center distance of thirty-five feet. Each tree shall be a minimum two-inch caliper (dbh) at time of planting and shall be a native straight-trunked hardwood shade tree species or similar tree suitable to this region.

A minimum of ten percent of surface parking lots shall be landscaped wherein each landscaped island shall contain at least one approved understory tree.

Aboveground planters may not be used to fulfill tree planting or tree density requirements.

Parking.

Parking structures must be designed so that the only openings at street level are those to accommodate vehicle entrances and pedestrian access to the structure, as follows:

Any openings for ventilation, service or emergency access located on the first floor level in the building façade must be decorative and must be an integral part of the overall building design;

ii.

The balance of the street frontage of a parking structure must be either occupied retail/office space or designed to screen the parking areas utilizing decorative elements such as grill-work, brick, louvers, or a vegetative screen

iii.

Deck floors located above the first floor level of a parking structure must be screened from view from the street utilizing decorative elements such as grill-work, brick or louvers (minimum forty-two inches in height). In no instance will cabling alone be sufficient to meet this screening requirement.

Off-street parking areas shall be screened from adjacent roadways and sidewalks by an opaque decorative fence or wall, berm or vegetative screen at least thirty inches in height. Fence or wall shall be of similar design and materials to the surrounding buildings. Screening shall be installed between the parking area and the sidewalks. Perpendicular driveway crossings and pedestrian paths are allowed through the screening.

Minimum parking requirements established for the following uses:

Residential: One and one-half spaces per dwelling;

ii.

Retail, office, and clinics: One space for each four hundred square feet;

iii.

Eating and drinking establishments: One for each two hundred square feet;

iv.

Places of worship, recreation establishments and other places of assembly: One space for each six seats (fixed seats) or thirty-five square feet (open space) in largest assembly area.

A unified signage plan shall govern all signage within the development. Signs and the amount of signage shall be subject to the requirements of the sign ordinance with the following exceptions:

Oversized signs shall be prohibited.

Ground signs shall be limited to monument-type signs. Base and sign structure shall be constructed of materials such as brick, stone, stucco, wood or metal consistent with the architecture and exterior treatment of the building.

Blinking, exposed neon, portable, inflatable and temporary signage shall be prohibited.

Internally illuminated wall signs may not be located within one hundred fifty feet of adjacent property developed for single-family residential uses.

Street/pedestrian lighting and street furniture.

Streetlights utilizing decorative fixtures and poles shall be provided along all internal streets and along all public rights-of-way. Streetlights shall be staggered, one hundred fifty feet on center, along both sides of the street. Pedestrian scale lighting shall be provided every fifty feet along both sides of the street. The lamps of streetlights shall be directed down and capped. Pedestrian lighting shall utilize fixtures designed to accommodate a shielding plate.

Decorative, commercial-quality bike racks, benches, and trash receptacles shall be provided throughout the development in accordance with the approved pedestrian access plan.

Architectural design. Architectural design of all buildings shall comply with the following:

For single-family detached residences: front façades shall have architectural treatments of brick, stone, stucco or wood shake. The balance of each elevation may be wood, wood shake or fiber-cement siding.

For attached townhouses, villas and residential/business dwellings: front façades shall have architectural treatments of brick, stone or stucco. The balance of each elevation may be wood, wood shake or fiber-cement siding.

For multifamily residential buildings: architectural treatments of each building elevation shall be a minimum thirty percent brick, stone or stucco. The balance of each elevation may be wood, wood shake, or fiber-cement siding.

For nonresidential and mixed-use buildings: architectural treatments shall be of glass and/or brick, stone or stucco. Tilt-up or pre-cast concrete, wood, wood shake, fiber-cement siding or architectural metal may be used subject to review and approval of the director of planning and development.

Contrasting accent colors of any wall, awning or other feature (other than a neutral color) shall be limited to no more than fifteen percent of the total area for any single façade.

Metal or portable buildings shall be prohibited.

Nonresidential buildings of less than five thousand square feet of gross floor area shall be designed with pitched roofs, minimum pitch of 4:12 or articulated parapets with a minimum projection of thirty inches above roof deck. Provisions to accommodate vents, mechanical systems or similar appurtenances, shall be adequately screened, subject to review and approval of the city planner.

Roofing materials for pitched or mansard roofs shall be limited to the following:

Metal standing seam of red, green or silver in color;

ii.

Tile, slate or stone;

iii.

Wood shake; or

iv.

Architectural shingles with a slate, tile or metal appearance.

Parapets of flat roofed buildings shall be articulated to provide visual diversity. Parapets shall include articulations or architectural features at least every one hundred linear feet. The minimum height of articulations or features shall be one foot, and may be provided in height offset or façade projections such as porticoes or towers. The rear of parapet articulations visible from street level view (within three hundred feet) shall be finished to match the exterior architectural treatment.

Design of flat-roofed buildings shall include minimum one-foot-deep cornices, extending along the entire front of the building and the sides of the building for a depth of at least ten feet.

Building design shall include a minimum one-foot-high contrasting base, extending along the entire front of buildings and the sides of buildings for a depth of at least ten feet.

All mechanical, HVAC and like systems shall be screened from street level view (within three hundred feet) on all sides by an opaque wall or fence of brick, stucco, split-faced block or wood.

Accessories provided such as railings, benches, trash receptacles and/or bicycle racks shall be of commercial quality, and complement the building design and style.

Building plans shall be subject to review and approval of the city planner or his/her designee, prior to the issuance of a building permit. Designs which are inconsistent with these performance guidelines may be denied.

Approval of Final Plans. After a PSV district has been established, no building permit shall be issued therein unless and until the city planner has approved final plans and reports for the development as a whole or stages or portions thereof deemed satisfactory in relation to the total development.

Special Uses. The following uses may be permitted upon the approval of a special use permit by the mayor and city council:

Gas stations and convenience stores.

Restaurants with drive throughs.

Veterinary clinics, offices, or hospitals.

Fitness facility or gym.

(Ord. 08-015, 8-7-08; Ord. No. 21-014, 11-4-21)

17.90.145(1) - Purpose.

To provide for the preservation of greenspace as a nonstructural stormwater runoff and watershed protection measure.

To provide a residential zoning district that permits flexibility of design in order to promote environmentally sensitive and efficient uses of the land.

To preserve in perpetuity unique or sensitive natural resources such as groundwater, floodplains, wetlands, streams, steep slopes, woodlands and wildlife habitat.

To permit clustering of houses and structures on less environmentally sensitive soils which will reduce the amount of infrastructure, including paved surfaces and utility easements, necessary for residential development.

To reduce erosion and sedimentation by minimizing land disturbance and removal of vegetation in residential development.

To promote interconnected greenways and corridors throughout the community.

To promote contiguous greenspace with adjacent jurisdictions.

To encourage interaction in the community by clustering houses and orienting them closer to the street, providing public gathering places and encouraging use of parks and community facilities as focal points in the neighborhood.

To encourage street designs that reduce traffic speeds and reliance on main arteries.

To promote construction of convenient landscaped walking trails and bike paths both within the subdivision and connected to neighboring communities, businesses, and facilities to reduce reliance on automobiles.

To conserve scenic views and reduce perceived density by maximizing the number of houses with direct access to and views of open space.

To preserve important historic and archaeological sites.

(Ord. No. 12-016, 8-2-12)

17.90.145(2) - General regulations.

Applicability of Regulations. This conservation subdivision option is available in the following zoning classifications by special use permit: AG, R-100, RMD, RM-8. Applicant shall comply with all other provisions of the zoning code and all other applicable laws, except those specific provisions contained herein.

Ownership of Development Site. The tract of land to be subdivided may be held in single and separate ownership or in multiple ownership. If held in multiple ownership, however, the site shall be developed according to a single plan with common authority and common responsibility.

Housing Density Determination. The maximum number of lots in the conservation subdivision shall be determined by either of the following two methods, at the discretion of the mayor and council in reviewing the special use permit application:

Calculation. The maximum number of lots is determined by dividing the area of the tract of land by the minimum lot size specified in the underlying zoning. In making this calculation, the following shall not be included in the total area of the parcel:

Slopes over twenty-five percent of at least five thousand square feet contiguous area;

The one hundred-year floodplain;

Bodies of open water over five thousand square feet contiguous area;

Wetlands that meet the definition of the Army Corps of Engineers pursuant to the Clean Water Act; or,

Anticipated right-of-way needs for roads and utilities.

Yield Plan. The maximum number of lots is based on a conventional subdivision design plan, prepared by the applicant, in which the tract of land is subdivided in a manner intended to yield the highest number of lots possible. The plan does not have to meet formal requirements for a site design plan, but the design must be capable of being constructed given site features and all applicable regulations.

(Ord. No. 12-016, 8-2-12)

17.90.145(3) - Application requirements.

Site Analysis Map Required. When applying for a special use permit under this section, the Applicant shall submit a site concept plan and a site analysis map. The purpose of the site analysis map is to ensure that the important site features have been adequately identified prior to the creation of the site design, and that the proposed open space will meet the requirements of this article. The preliminary site plan shall included the following features:

Property boundaries;

All streams, rivers, lakes, wetlands and other hydrologic features;

Topographic contours of no less than ten-foot intervals;

All primary and secondary conservation areas labeled by type, as described in Section 4 of this Article;

General vegetation characteristics;

General soil types;

The planned location of protected open space;

Existing roads and structures; and,

Potential connections with existing greenspace and trails.

Open Space Management Plan Required. An open space management plan, as described in Section 17.90.145(4) below, shall be prepared and submitted prior to the issuance of a land disturbance permit.

Instrument of Permanent Protection Required. An instrument of permanent protection, such as a conservation easement or permanent restrictive covenant and as described in Section 17.90.145(4) below shall be placed on the open space concurrent with the issuance of a land disturbance permit.

Other Requirements. The applicant shall adhere to all other applicable requirements of the underlying zoning and the Chapter 16 of the City Code of Ordinances.

(Ord. No. 12-016, 8-2-12)

17.90.145(4) - Open space.

Definition. Open space is the portion of the conservation subdivision that has been set aside for permanent protection. Activities within the open space are restricted in perpetuity through the use of an approved legal instrument.

Standards to Determine Open Space.

The minimum restricted open space shall comprise at least forty percent of the gross tract area.

The following are considered primary conservation areas and are required to be included within the open space, unless the applicant demonstrates that this provision would constitute an unusual hardship and be counter to the purposes of this article:

The regulatory one hundred-year floodplain;

Buffer zones of at least seventy-five foot width along all perennial and intermittent streams;

Slopes above twenty-five percent of at least five thousand square feet contiguous area;

Wetlands that meet the definition used by the Army Corps of Engineers pursuant to the Clean Water Act;

Populations of endangered or threatened species, or habitat for such species; and,

Archaeological sites, cemeteries and burial grounds

The following are considered secondary conservation areas and should be included within the open space to the maximum extent feasible.

Important historic sites;

Existing healthy, native forests of at least one acre contiguous area;

Individual existing healthy trees greater than eight inches caliper, as measured from their outermost drip line;

Other significant natural features and scenic viewsheds such as ridge lines, peaks and rock outcroppings, particularly those that can be seen from public roads;

Prime agricultural lands of at least five acres contiguous area; and,

Existing trails that connect the tract to neighboring areas.

Above-ground utility rights-of-way and small areas of impervious surface may be included within the protected open space but cannot be counted towards the forty percent minimum area requirement (exception: historic structures and existing trails may be counted). Large areas of impervious surface shall be excluded from the open space.

At least seventy-five percent of the open space shall be in a contiguous tract. The open space should adjoin any neighboring areas of open space, other protected areas, and non-protected natural areas that would be candidates for inclusion as part of a future area of protected open space.

The open space shall be directly accessible to the largest practicable number of lots within the subdivision. Non-adjoining lots shall be provided with safe, convenient access to the open space.

Permitted Uses of Open Space. Uses of open space may include the following:

Conservation of natural, archeological or historical resources;

Meadows, woodlands, wetlands, wildlife corridors, game preserves, or similar conservation-oriented areas;

Walking or bicycle trails, provided they are constructed of porous paving materials;

Passive recreation areas;

Active recreation areas, provided that they are limited to no more than ten percent of the total open space and are not located within primary conservation areas. Active recreation areas may include impervious surfaces. Active recreation areas in excess of this limit must be located outside of the protected open space;

Agriculture, horticulture, silviculture or pasture uses, provided that all applicable best management practices are used to minimize environmental impacts, and such activities are not conducted within primary conservation areas;

Nonstructural stormwater management practices;

Easements for drainage, access, and underground utility lines; or

Other conservation-oriented uses compatible with the purposes of this section.

Prohibited Uses of Open Space.

Golf courses;

Roads, parking lots and impervious surfaces, except as specifically authorized in the previous sections;

Agricultural and forestry activities not conducted according to accepted best management practices; and

Other activities as determined by the applicant and recorded on the legal instrument providing for permanent protection.

Ownership and Management of Open Space.

Ownership of Open Space. The applicant must identify the owner of the open space who is responsible for maintaining the open space and facilities located thereon. If a homeowners association is the owner, membership in the association shall be mandatory and automatic for all homeowners of the subdivision and their successors. If a homeowners association is the owner, the homeowners' association shall have lien authority to ensure the collection of dues from all members. The responsibility for maintaining the open space and any facilities located thereon shall be borne by the owner.

Management Plan. Applicant shall submit a plan for management of open space and common facilities ("plan") that:

Allocates responsibility and guidelines for the maintenance and operation of the open space and any facilities located thereon, including provisions for ongoing maintenance and for long-term capital improvements;

Estimates the costs and staffing requirements needed for maintenance and operation of, and insurance for, the open space and outlines the means by which such funding will be obtained or provided;

Provides that any changes to the plan be approved by the mayor and city council; and

Provides for enforcement of the plan.

In the event the party responsible for maintenance of the open space fails to maintain all or any portion in reasonable order and condition, city may assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance. The costs of such maintenance may be charged to the owner, homeowner's association, or to the individual property owners that make up the homeowner's association, and may include administrative costs and penalties. Such costs shall become a lien on all subdivision properties.

Legal Instrument for Permanent Protection.

The open space shall be protected in perpetuity by a binding legal instrument that is recorded with the deed. The instrument shall be one of the following:

A permanent conservation easement in favor of either: (i) a land trust or similar conservation-oriented non-profit organization with legal authority to accept such easements. The organization shall be bona fide and in perpetual existence and the conveyance instruments shall contain an appropriate provision for retransfer in the event the organization becomes unable to carry out its functions; or (ii) the homeowners association for the subdivision.

A permanent restrictive covenant for conservation purposes in favor of a governmental entity; or

An equivalent legal tool that provides permanent protection, if approved by the mayor and council.

The instrument for permanent protection shall include clear restrictions on the use of the open space. These restrictions shall include all restrictions contained in this article, as well as any further restrictions the applicant chooses to place on the use of the open space.

(Ord. No. 12-016, 8-2-12)

17.90.150 - District area, yard and height requirements.

District	Minimum Dwelling Unit (Sq. Ft.)	Minimum Lot Area Size (Sq. Ft.)	Area per Dwelling Unit (Sq. Ft.)	Minimum Width (Ft.)	Setback from Right-of-Way (Ft.)		Minimum Side Yard (Ft.)	Minimum Rear Yard (Ft.)	Maxi- mum Height (Ft.)	Mini- mum Dwelling Unit (Sq. Ft.) Two Story Units
District	Minimum Dwelling Unit (Sq. Ft.)	Minimum Lot Area Size (Sq. Ft.)	Area per Dwelling Unit (Sq. Ft.)	Minimum Width (Ft.)	Major Street (Ft.)	Interior Street (Ft.)	Minimum Side Yard (Ft.)	Minimum Rear Yard (Ft.)	Maxi- mum Height (Ft.)	Mini- mum Dwelling Unit (Sq. Ft.) Two Story Units
AG	1,800	87,120 (2 acres)	Same as Lot Area	200	50	50	20	40	40	2,200
R-100	1,800	Septic 30,000 Sewer 15,000 ⁽¹⁾	Same as Lot Area	100	50	50	15	40	40	2,200
R-100 CZP	1,800	Septic 30,000 Sewer 15,000 ⁽¹⁾	Same as Lot Area	100	50	50	15	40	40	2,200
RM-D	1,000	Septic 32,000 Sewer 16,000 ⁽¹⁾	8,000	100	50	50	15	40	40	-
RM-8	1,000	Sewer 16,000 Septic 32,000 ⁽¹⁾	5,445	100 ⁽²⁾	50	50	15	40	40	-
OI	-	none	-	none	50	50	10 ⁽³⁾	15 ⁽³⁾	40	-
C-1	⁽⁵⁾	none	⁽⁶⁾	40	50	50	10 ⁽³⁾	15 ⁽³⁾	40	-
C-2	⁽⁵⁾	none	⁽⁶⁾	40	50	50	10 ⁽³⁾	15 ⁽³⁾	40	-
C-3	⁽⁵⁾	none	⁽⁶⁾	40	50	50	10 ⁽³⁾	15 ⁽³⁾	40	-
M-1	-	43,560	-	100	50	50	20 ⁽³⁾	20 ⁽³⁾	40	-
M-2	-	43,560	-	100	50	50	20 ⁽³⁾	20 ⁽³⁾	40	-
MH	Man. Home 1,008 Site Built 1,500 ⁽⁴⁾	Septic 30,000 Sewer 15,000	-	100	50	50	15 ⁽³⁾	40 ⁽³⁾	40	-
PUD	1,800	-	-	-	-	-	-	-	-	2,200

Notes:

(1)

No subdivision lot which contains less than fifty percent of the minimum lot area required by the applicable zoning district or eight thousand square feet, whichever is greater, located above the base flood elevation shall be approved. All area above the flood elevation used to satisfy this requirement shall be contiguous and shall not be separated by any flood area.

(2)

Subdivisions of land for the purpose of developing individual lots for each unit is not allowed.

(3)

Buffer zones are required in addition to side and rear yard where an office-institutional, business or manufacturing use abuts a residential district.

(4)

Size required for "on site" built home.

(5)

Minimum net floor areas.

Efficiency	400 sq. ft.
One bedroom	600 sq. ft.
Two bedroom	850 sq. ft.
Three bedroom	1,100 sq. ft.
Four bedroom	1,300 sq. ft.

(6)

Maximum floor area = .35"

(Ord. 07-006, 2007; Ord. No. 12-001, § 4, 1-5-12)

17.90.200 - City center district (CCD).

This chapter establishes procedures, uses, and development standards for the regulation of development and the improvement of real estate within the boundaries of the city center district (CCD).

(Ord. No. 20-015, § 2, 1-7-21)

17.90.201 - Intent and purpose.

The intent and purpose of the CCD is to:

(a)

Implement the comprehensive development plan's goals, including providing for a variety of attached and detached fee simple housing types to meet the projected population growth, foster civic pride through the building of public buildings and spaces and further economic development in the downtown;

(b)

Encourage the best possible site planning and arrangement of land uses in the city center portion of the downtown under a unified plan of development rather than under lot-by-lot regulation, with special emphasis on the characteristics set forth in Section 17.90.203;

(c)

Provide flexibility in the application of development standards and site design when approved according to a conceptual master development plan in a manner to promote the conservation of natural environment, primarily the historical agrarian use of the land, more efficient use of land, and efficiency in the extension of streets and utilities;

(d)

Provide assurance of the long-term conceptual development plans within the CCD district;

(e)

Include a mixture of residential types/uses in combination of civic and public spaces and uses;

(f)

Set forth a framework for traditional neighborhood development that encourages pedestrian-scale residential and civic activities to be designed in such a way as to reduce the number and type of vehicle trips, limiting congestion and thereby improving air quality;

(g)

Promote the clustering of residential land use to set aside areas for civic, recreation and open space while providing for varied forms of pedestrian and bicycle movement that is buffered from commercial and office activities beyond the boundaries of the CCD district; and

(h)

Allow for neighborhood oriented commercial or office uses to serve the residential and public uses within the CCD district.

(Ord. No. 20-015, § 2, 1-7-21)

17.90.202 - Eligibility for rezoning to CCD.

Rezoning to CCD shall require the following:

(a)

All or a portion of the property shall have an underling future land use map designation of MIX at the time of rezoning to the CCD district;

(b)

The CCD district shall have street frontage on either 5 ^th Avenue (also known as Atlanta Highway), or 6 ^th Avenue, or both; and

(c)

At no time shall the number of developments zoned to the CCD district exceed the number found as a result of dividing the total population of the city, as found in the most recent population estimates published by the United States Bureau of the Census, by the whole number ten thousand. Notwithstanding the foregoing, property abutting an existing CCD zoned district, or would abut but for an intervening road, may be rezoned to the CCD district so long as such additional property is or will be under unified control of the development currently zoned CCD.

(Ord. No. 20-015, § 2, 1-7-21)

17.90.203 - Areas of special consideration.

Incorporation of any of the following components into a CCD master plan is encouraged:

(a)

Distinctiveness and quality of site design.

(b)

Distinctiveness and quality of architecture and structure placement on individual building site, including front, side and rear entry into residential dwellings.

(c)

Placement of structures on most suitable sites with consideration of topography, soils, vegetation, slope, etc.

(d)

Clustering of buildings.

(e)

Preservation of open space.

(f)

Development of publicly accessible active, or passive recreational areas.

(g)

Use of greenways or landscaped corridors linking various uses.

(h)

Use of pedestrian and/or bicycle circulation networks, segregated from vehicular traffic.

(i)

Other traffic mitigation measures.

(j)

Use of rear alleys for service purposes.

(k)

Public access to community facilities within the CCD and so delineated on the conceptual master development plan as being accessible to the public as opposed to limited to just members of the homeowners' association.

(l)

Sensitive treatment of perimeters in order to mitigate impacts upon adjoining properties.

(m)

Enhanced landscaping, increased tree preservation, vegetated buffers, or increased plantings along roadways, in open spaces and recreational areas, as well as along the project perimeter.

(Ord. No. 20-015, § 2, 1-7-21)

17.90.204 - Conceptual master development plan governance.

To carry out the purpose and intent of this CCD district, a conceptual master development plan shall govern the use and development within the CCD district. This conceptual master plan shall initially be approved by the city council at the time of rezoning to the CCD district. The conceptual master development plan, or a phase therein, should include the following:

(a)

At least two types of housing such as detached single-family dwelling (with either front, rear or side entry), attached single-family dwelling (i.e. townhomes) fronting on public streets or private alleys or private greens, and micro-houses (with no street frontage or garages);

(b)

At least one or more civic buildings, and publicly owned or accessible park, garden, open space, or other recreation facility;

(c)

Conservation of spaces recognizing and honoring the historical agrarian use of the land with emphasis upon:

(1)

Conservation of existing surface and sub-surface water resources;

(2)

Preservation of major trees and other significant natural environmental features;

(d)

An efficient network of streets (including the possibility of private or public alleys), sidewalks, trails and utilities appropriate to serve the land uses within the CCD district;

(e)

Creation of a mixture of uses that decrease reliance on the use of the automobile and to encourage the use of alternative modes of transportation; and

(f)

Those items set forth in Section 17.90.205.

(Ord. No. 20-015, § 2, 1-7-21)

17.90.205 - Components of conceptual master development plan.

After the creation of a CCD, for any proposal to submit any portion of land within a CCD for which a conceptual master development plan was not adopted at such creation or to expand the boundary of a CCD, the conceptual master development plan package submitted to the city council shall include:

(a)

A narrative statement:

(1)

Describing the character of, and rationale for, the proposed CCD;

(2)

Addressing the proposed ownership and maintenance of streets, drainage systems, water and sewer systems, open space areas, parking areas, and other proposed amenities and improvements;

(3)

Addressing the proposed ownership, maintenance and plan for unified development control of any of the following privately owned and/or controlled components: alleys, streets, open space areas, parking areas, and other proposed amenities and improvements;

(4)

Expected phasing and time schedule; and

(5)

Confirming that all conditions, covenants, and restrictions governing the use of and access to private property will be recorded in the land records of Barrow County on or before issuance of certificate of occupancy for the portion of the property covered by the certificate of occupancy.

(b)

The proposed name of the development if there is one;

(c)

The names and addresses of the owner(s) of record, and the applicant, if different from the owner; and

(d)

Names of owners and type of land use of all parcels contiguous to the development property; and

(e)

Proposed arrangement of land uses, approximate acreage of each use area or tract, type of use and density (residential use tracts); and

(f)

A boundary survey with the computed acreage of the tract bearing the seal of a registered land surveyor; and

(g)

The location of primary control points to which all dimensions, angles, bearings, block numbers and similar data shall be referred;

(h)

Letters of capability and intent to provide utility service from all affected agencies or entities, where applicable; and

(i)

A conceptual master site plan showing:

(1)

The location, dimensions, descriptions, and flow of existing wetlands, watercourses and drainage structures within the tract or on contiguous tracts; and

(2)

Location of municipal limits or county lines, and district boundaries, if they traverse the tract, form part of the boundary of the tract, or are contiguous to such boundary; and

(3)

Vicinity map or sketch showing the general relationship of the proposed development to the surrounding areas with access roads referenced to the intersection of the nearest state primary or secondary paved roads. Reference distances shall be shown in feet if less than one thousand feet and in miles or tenths of a mile if greater than one thousand feet; and

(4)

Topographic survey; and

(5)

The location, dimensions, name and description of all existing or recorded streets, alleys, reservations, easements or other public rights-of-way within the tract, intersecting or contiguous with its boundaries or forming such boundaries; and

(6)

Proposed conceptual street system layout; and

(7)

Preliminary master drainage plan;

(8)

Proposed internal site planning standards such as setbacks and buffers aimed at addressing potential incompatibility between adjacent land uses and activities;

(9)

The number and location of public parking spaces; and

(10)

Architectural elevations and treatments illustrating the architectural finish of the structures.

(Ord. No. 20-015, § 2, 1-7-21)

17.90.206 - Modification to conceptual master development plan.

As the name indicates, this master plan is conceptual in nature. To carry the purpose and intent that flexibility be provided for, the conceptual master plan may be modified as follows:

(a)

City Council Modification. City council approval, through the rezoning process, shall be required:

(1)

When land within the CCD district that is not subject to a conceptual master plan originally approved by city council is proposed to be developed; or

(2)

When abutting land is proposed to be added to the boundary of the CCD district.

(b)

Administrative Modification. All other modifications to the conceptual master plan not requiring city council modification.

(Ord. No. 20-015, § 2, 1-7-21)

17.90.207 - Development controls.

The following uses, development standards govern development and the improvement of real estate within the CCD district:

(a)

Permitted Principal Uses. The following are the only permitted uses in CCD district. All other uses are prohibited:

(1)

Residential uses. Residences may be single-family detached (including micro-homes), single-family attached (i.e. duplex, tri-plex, quadraplex, townhomes or the similar). The development standards for these residential use types are listed in Tables 1, 2 and 3 and may be adjusted by the community development director.

(2)

Gardens, parks, trails, barns, gazebos and other similar recreation facilities (i.e. amenities) for use of the residents as denoted on the conceptual master plan. The restrictions as to the use of these facilities shall be set forth in the covenants and restrictions of the association in the CCD development.

(3)

Civic/public buildings and similar recreation facilities (amenities) for use of the public as denoted on the conceptual master plan.

(4)

Neighborhood oriented commercial or office uses to serve the residential and public uses in the district.

(5)

Temporary events that promote the agrarian nature of the conceptual master plan. In the event the conceptual master plan does not cover any area of land within a CCD, such area shall be limited to this use until such time as a conceptual master plan covering such area is approved by the city council.

(b)

Permitted Accessory Uses and Structures. Uses customarily incidental and subordinate to the principal use of the land or building are permitted. Such uses may, but need not be located on same lot or parcel of the principal use. By way of illustration and not limitation, such accessory uses include customary home occupation (as set forth in Section 17.60.180), parking (both on-street or off-street), detached garages, paths, trails, gardens, storage/golf cart buildings, accessory retail sales to visitors of civic and public spaces, etc.

(c)

Ownership. All non-publicly owned land within a CCD shall be owned initially by a person, joint tenants, or tenants in common operating pursuant to a written agreement evidencing unified development control over the entire CCD district. Individual properties in a CCD may be sold after a plat has been recorded, with the properties subject to private deed covenants that ensure the continuance of the CCD consistent with the conceptual master plan, or modifications thereto.

(d)

Setbacks. There are two types of setbacks, interior and exterior. Interior setbacks are those between structures and property lines other than common property lines with land zoned CCD. Exterior setbacks are those between structures and common exterior property lines with land not zoned CCD. These required setbacks are as follows:

(1)

Interior Setbacks: none, except that all development must adhere to the applicable life-safety code National Fire Protection Association (NFPA) 1141, Standard for Fire Protection in Planned Building Groups. The fire chief or designee may approve exceptions, including access, spacing, and fire protection requirements, provided the exceptions meet the intent of the applicable codes.

(2)

Exterior Setbacks: twenty feet.

(e)

Vegetative Buffers. Where this district abuts an educational or commercial use within the city and no existing natural vegetative buffer exists, a vegetative buffer, no less than ten feet in depth, containing at a minimum of evergreen trees at intervals of ten feet on center planted at a height sufficient to achieve screening shall be provided. Fencing in lieu of such vegetative buffer is permitted.

(f)

Fire Access. A clear and structural vehicular surface that is at least twenty feet in width, with a thirty foot minimum inside turning radius shall be provided for all emergency apparatus.

Table 1
Single-Family Residential (detached)
Minimum lot size:	Varies; minimum of 1,500 square feet
Minimum lot width:	40'
Minimum front setback:	0' ^a
Minimum side yard:	0'
Minimum rear yard:	20' where no rear alley; 0' with rear alley
Maximum height:	40'
Curb and gutter:	Not required. Open swales and curbless gutters permitted
Paved driveway:	Required
Alleys:	Recommended
Sidewalk:	Required
Streetlights:	Required
Underground utilities:	Required
Public sewer:	Required
Public water:	Required
Garages:	Required. Detached or attached. Must be set behind dwelling front porch line if garage is front entry
Porches:	Recommended

Table 2
Single-Family Residential (attached)
Minimum lot size:	No minimum
Minimum lot width:	No minimum
Minimum front setback:	0' ^a
Minimum side yard:	0'
Minimum rear yard:	0'
Maximum height:	50'
Curb and gutter:	Not required. Open swales and curbless gutters permitted
Paved driveway:	Required
Alleys:	Recommended
Sidewalk:	Required
Streetlights:	Required
Underground utilities:	Required
Public sewer:	Required
Public water:	Required
Garages or carports:	Recommended. Rear yard only. Detached or attached
Porches:	Recommended

Table 3
Micro-Lots
Minimum lot size:	No minimum
Minimum/maximum lot width:	No minimum. Maximum 39'
Minimum front setback:	0'
Minimum side yard:	0'
Minimum rear yard:	5'
Maximum height:	40'
Curb and gutter:	Not required. Open swales and curbless gutters permitted
Paved driveway:	Not required
Alleys:	Not required
Sidewalk:	Required
Streetlights:	Required
Underground utilities:	Required
Public sewer:	Required
Public water:	Required
Garages:	Not required. Parking may be provided for either through 1 car garage (front, side or rear yard placement), on-site parking pads (front, side or rear yard placement) or on-street parking, or any combination thereof
Porches:	Recommended

Cantilevers, including bay windows, balconies, roof overhangs, cornices and gutters may project into public spaces up to four feet. Clearance from grade to underside of cantilever must be eight feet minimum. For purposes of this district, "public spaces" shall mean street, pedestrian way, or alley (public or private), parks and public squares.

Chimneys, stoops, terraces, roof overhangs, gutters may encroach into side yards subject to any applicable life-safety code.

(Ord. No. 20-015, § 2, 1-7-21)

17.90.208 - Severability.

In the event that any subsection, sentence, clause, or phrase of this section shall be declared or adjudged invalid or unconstitutional, such adjunction shall in no manner affect the other subsections, sentences, clauses, or phrases of this section, which shall remain in full force and effect, as if the subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally part thereof.