Principal uses are allowed in accordance with table 21-5.2.4 - table of permitted uses.

A.

Use classification system. Uses are listed in the first column of table 21-5.2.4 - table of permitted uses. This zoning ordinance classifies uses into categories and sub-categories, as explained in division 5.2 - use classifications. In some cases, specific use types are listed in addition to the use categories and sub-categories.

B.

Permitted uses.

1.

Uses identified with a "P" are permitted as-of-right in the subject zoning district, subject to compliance with all other applicable regulations of this zoning ordinance.

C.

Conditional uses.

1.

Uses identified with a "C" are allowed only if reviewed and approved in accordance with the conditional use procedures of division 7.5 - amendments and conditional uses.

D.

Supplemental use regulations.

1.

Uses identified with an "S" are permitted in the subject zoning district, subject to compliance with any supplemental regulations and all other applicable regulations of this zoning ordinance. Unless otherwise expressly stated, compliance with such regulations is required regardless of whether the use is permitted as a supplemental use or requires any form of conditional use approval.

E.

Prohibited uses.

1.

Uses identified with an "-" are expressly prohibited. Uses that are not listed in the table or that cannot be reasonably interpreted, as stated in section 21-5.2.3 - determination of use categories and sub-categories, to fall within any defined use category or subcategory are also prohibited.

2.

In addition, the following uses of land and buildings are incompatible with existing and future development within the city limits and are prohibited in all districts. In addition, neither the city manager, nor the board of mayor and commissioners shall have the authority to grant variances or exceptions for these prohibited uses:

a.

Meat packing, slaughtering, eviscerating and skinning;

b.

Poultry killing, plucking, and dressing;

c.

Rendering of byproducts of slaughtering and killing animals or poultry;

d.

Fabrication and production, limited and general;

e.

Yards for the sale, transfer, or temporary holding of livestock;

f.

Use of equipment which causes off-site radio or television interference and interferes with airport operations;

g.

Landfills and junkyards;

h.

Smoking lounges;

i.

Impound lots for the temporary storage of seized vehicles;

j.

Drive-in and drive thru uses as primary or accessory uses;

k.

Truck and transportation terminals;

l.

Outside storage on any property that is not customarily incidental and subordinate to the principal building or is not otherwise permitted by this section;

m.

Those uses that emit obnoxious, injurious, loud, or offensive noise, vibrations, smoke, dust, gas fumes or odors or create fire or explosion hazards or other objectionable conditions shall be prohibited.

This division contains a description of the use classification system used to classify principal uses in this zoning ordinance.

A.

This zoning ordinance classifies principal land uses into right eight (8) major groupings, which are referred to as use categories:

1.

Residential;

2.

Institutional;

3.

Commercial;

4.

Industrial;

5.

Agricultural;

6.

Wireless communications;

7.

Accessory uses;

8.

Temporary uses.

B.

Each use category is further divided into more specific "sub-categories." Use sub-categories classify principal land uses and activities based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions.

C.

Some use sub-categories are further broken down to identify specific use, business, or activity types that are regulated differently than the parent sub-category as a whole.

A.

The city manager is authorized to classify uses on the basis of the use category and subcategory descriptions of this section.

B.

When a use cannot be readily classified into a use category/sub-category or appears to fit into multiple categories/sub-categories, the city manager is authorized to determine the most similar, and thus most appropriate, use category/subcategory based on the actual or projected characteristics of the principal use or activity in relationship to the use category and subcategory descriptions provided in this section. In making such determinations, the city manager shall consider all of the following:

1.

The types of activities that will occur in conjunction with the use;

2.

The types of equipment and processes to be used;

3.

The existence, number and frequency of residents, customers or employees;

4.

Parking demands associated with the use; and

5.

Other factors deemed relevant to a use determination.

C.

If a use can reasonably be classified in multiple categories, sub-categories, or specific use types, the city manager shall categorize the use in the category, sub-category or specific use type that provides the most exact, narrowest, and appropriate match.

D.

If the city manager is unable to determine the appropriate use category for a proposed use, the city manager is authorized to deny the request that necessitated the use determination.

The following apply to the uses outlined in this section. Refer to table 21-5.2.4 - table of permitted uses.

A.

Use permissions categories. Each use may be permitted as of right (P), with supplemental regulations (S), as a conditional use (C), or not permitted (-). Where C and S are used together (C/S), the conditional use is required to comply with the supplemental use regulations in addition to any additional conditions imposed by the conditional use permit approval.

B.

Number of uses. A lot may contain more than one (1) use and is required to do so, in some cases.

C.

Principal or accessory uses. Each use identified in any of the first six (6) use categories: residential, institutional, commercial, industrial, or agricultural, may function either as a principal use or accessory use on a lot, unless otherwise specified.

The residential use category includes definitions and, in some cases, supplemental use regulations, for uses that provide for long-term residential occupancy by individual households or by groups of people.

The Fair Housing Act (42 U.S.C. § 3604(f)(3)) makes it unlawful to make a dwelling unavailable to a person because of race, color, national origin, sex, familial status, handicap or disability. No policy or practice of this ordinance is intended to have a disparate impact on a protected class.

Household living is the residential occupancy of a dwelling unit by a single household, including, single-family detached, single-family attached, multi-unit building, and live-work uses.

A.

Single-family detached. One (1) principal dwelling unit on a single lot, which may also include an accessory dwelling unit in the form of a secondary suite or backyard cottage, if allowed by the subject zoning district and in accordance with section 21-5.9.3 - accessory dwelling units.

B.

Single-family attached. A building that accommodates two (2) or more dwelling units, where each unit is separated by a common wall.

1.

Minimum lot width: fourteen (14) feet.

2.

Maximum lot coverage: per zoning district, applied to the entire development, not the individual lot.

3.

Interior lot setbacks: none, except there must be a minimum of five (5) feet between the end of a single-family attached unit and any internal adjacent sidewalk, alley, or street.

4.

Each single-family attached unit shall have a minimum of two hundred (200) square feet of private yard space in either the front or rear, not including driveways and alleys.

5.

A minimum twenty (20) percent of the lot shall be provided in open space in accordance with section 21-6.3.5 - open space.

6.

Garage doors shall be offset from the front façade a minimum of five (5) feet.

7.

All single-family attached buildings shall include a continuous street/sidewalk no less than six (6) feet in width connecting front entrances of all dwellings.

8.

At least fifty (50) percent of townhouse façades that face public streets shall be constructed of brick, stone, or textured masonry units.

9.

The front façades of single-family attached units shall have architectural modulation and detail that includes features such as varied materials and wall planes, varied roof forms and roof lines, balconies, porches, bay windows, varied window sizes and shapes, shutters, entrance doors, sidelights, pilasters, varied garage door designs, and other features to provide visual interest.

10.

Single-family attached developments shall have a mandatory homeowner's association that shall own and maintain all common areas.

11.

Utilities:

a.

Individual systems for water, sewer, and HVAC shall be required for each unit.

b.

Individual metering shall be provided for all utilities.

c.

Easements for utility lines shall be provided in the common ownership area where lateral service connections shall take place.

C.

Multi-unit building. Four (4) or more principal dwelling units on a single lot.

1.

A minimum twenty (20) percent of the lot, whichever is greater, shall be provided in open space in accordance with section 21-6.3.5 - open space.

2.

Buildings shall conform to the following design standards:

a.

Sixty (60) percent of exterior building materials on façades visible from the public right-of- way or an adjacent R-zoned lot shall be brick or stone. Masonry shall wrap corners to avoid appearance of being applied.

b.

Façades shall be broken up, both vertically and horizontally, through building materials and offsets.

c.

Roof line shall be varied.

d.

Building shall utilize a variety of materials to create visual interest.

e.

Building entrances shall be well-marked and identifiable from the building form.

f.

Common walls and common floors ceiling between units shall be constructed to meet a sound transmission coefficient (STC) rating of fifty (50) or higher.

A building or space within a building used jointly for residential and non-residential uses allowed within the subject zoning district.

A.

Live-work units shall be mixed-use dwellings that are fire separated from adjacent units as attached dwellings such as single family attached units or as part of a larger mixed-use building.

B.

An occupational tax certificate shall be required for operation of a business. The business shall not be considered a home occupation.

Group living is residential occupancy of a building or any portion of a building by a group other than a household. Tenancy is arranged on a long-term (at least 30-day) basis. Buildings or spaces occupied by group living uses contain individual rooms with private or shared bathroom facilities and may also contain shared kitchen facilities, and/or common dining and living areas for residents. Residents may or may not receive any combination of care, training, or treatment, but those receiving such services shall reside at the site. The following describe the sub-categories of group living uses:

A.

Assisted living. An establishment registered with the State of Georgia as an assisted living home.

B.

Convent or monastery. Group dwellings for members of religious orders.

C.

Nursing home. An establishment providing inpatient, skilled nursing and rehabilitative services to patients who require health care but not hospital services. Care is ordered by and under the direction of a physician.

D.

Personal care home. The use of a dwelling unit to provide or arrange for the provision of housing, food service, and one (1) or more personal services, including watchful oversight, for two (2) or more adults who are not related to the owner or administrator by blood or marriage. "Personal services" include assistance with or supervision of self-administered medication and essential activities of daily living such as eating, bathing, grooming, and dressing. Personal care homes do not provide skilled nursing or other medical services or admit and retain residents who need continuous medical or nursing care.

1.

The personal care home must be operated in a manner compatible with the neighborhood and must not be detrimental to adjacent properties as a result of traffic, noise, light, refuse, parking or other activities.

2.

In residential districts, the resident manager or caretaker is counted as part of any limit on persons.

3.

For all building permitting procedures, personal care homes will be considered commercial uses.

4.

To prevent the institutional atmosphere created by concentrating or clustering of personal care homes, thereby defeating the goal of integrating individuals into the community, each personal care home must be located a minimum of ¼-mile from any other personal care home when located in an R-zoned district.

E.

Temporary shelter. The provision of overnight housing and sleeping accommodations for persons who have no permanent residence and are in need of temporary, short-term housing assistance, and in which may also be provided meals and social services including counseling services.

F.

Transitional housing. The provision of long-term but not permanent living accommodations for persons who have no permanent residence and are in need of long-term housing assistance.

G.

The following regulations apply to all group living and their accessory uses, except personal care homes (4—6 residents):

1.

Applicable group living uses are allowed only on lots with frontage on an arterial or collector street.

2.

Uses require a minimum lot area of three (3) acres, with a minimum public street frontage of one hundred (100) feet.

The institutional use category includes definitions and, in some cases, supplemental use regulations, for public, quasi-public, civic and institutional uses.

Lands and facilities for the interment of humans or domestic household pets, including columbariums, and mausoleums.

The use of a building or lot by a membership-based organization that restricts access to its facility to bona fide, dues-paying members and their occasional guests and in which the primary activity is a service not carried on as a business enterprise. Private clubs and lodges are characterized by definite membership qualifications, payment of fees and dues, regular meetings and a constitution and bylaws. Examples include country clubs and fraternal organizations.

Uses providing care and supervision for children or adults away from their primary residence for less than twenty-four (24) hours per day. The following describe the sub-categories of daycare uses:

A.

Small daycare. A daycare use for six (6) or fewer individuals.

B.

Large daycare. A daycare use for seven (7) or more individuals.

C.

The following regulations apply to all daycares as noted and their accessory uses:

1.

All small daycare uses shall provide at least thirty (30) square feet of indoor activity area and at least one hundred (100) square feet of outdoor activity area per enrollee, based on maximum capacity. No more than fifty (50) percent of the floor area of a dwelling unit may be used for an allowed day care use.

2.

All required outdoor activity areas for all daycare uses shall be enclosed by a fence or wall at least four (4) feet in height.

3.

No dwelling unit in which a daycare use is conducted may be modified to alter its appearance as a residential building.

4.

All daycare uses shall comply with applicable off-street parking regulations and provide safe vehicle turnaround areas on the subject lot.

5.

No permit allowing the operation of a daycare use may be issued until the applicant has provided proof that all required state permits have been obtained.

The following describe the sub-categories of educational service uses:

A.

School. Public and private schools at the primary, elementary, middle school, or high school level that provide basic, compulsory, state-mandated education.

B.

Business or trade school. Uses in an enclosed building that focus on teaching the skills needed to perform a particular job. Examples include schools of cosmetology, modeling açademies, computer training facilities, vocational schools, administrative business training facilities and similar uses. Schools and other training facilities that involve outdoor work or training activities are classified as industrial services.

C.

College or university. Academic institutions of higher learning that are accredited or recognized by the state and offer courses of general or specialized study.

D.

Tutoring. Uses that focus on instruction for personal or professional enrichment.

E.

The following regulations apply to school and college or university educational services and their accessory uses when table 21-5.2.4 - table of permitted uses indicates supplemental regulations apply:

1.

Applicable educational services are allowed only on lots with frontage on an arterial or collector street.

2.

Uses require a minimum lot area of three (3) acres, with a minimum public street frontage of one hundred (100) feet.

Uses providing medical or surgical care to patients and offering inpatient (overnight) care. The following regulations apply to hospitals and their accessory uses:

A.

Hospitals are allowed only on lots with frontage on an arterial or collector street.

B.

Hospitals require a minimum lot area of three (3) acres, with a minimum public street frontage of one hundred (100) feet.

Museum-like preservation and exhibition of objects in one (1) or more of the arts and sciences, gallery exhibition of works of art or library collections of books, manuscripts and similar materials operated by a public or quasi-public agency.

Buildings used for conducting organized religious services. Examples include synagogues, temples, mosques and churches. The following describe the sub-categories of place of worship uses:

A.

Small. Place of worship uses with a seating or occupant capacity of no more than one hundred (100) persons.

B.

Large. Place of worship uses with a seating or occupant capacity of more than one hundred (100) persons.

C.

The following regulations apply to places of worship and their accessory uses when table 21-5.2.4 - table of permitted uses indicates supplemental regulations apply:

1.

Places of worship are allowed only on lots with frontage on an arterial or collector street.

2.

Places of worship require a minimum lot area of three (3) acres, with a minimum public street frontage of one hundred (100) feet.

Infrastructure services that typically have substantial visual or operational impacts on nearby areas. Typical uses include high-voltage electric substations, utility-scale power generation facilities and utility-scale water storage facilities, such as water towers and reservoirs.

The commercial use category includes definitions and, in some cases, supplemental use regulations, for uses that provide a business service or involve the selling, leasing, or renting of merchandise to the general public. The commercial use sub-categories are as follows:

The following describe the sub-categories of animal service uses:

A.

General. When located within a planned center these uses shall comply with the following:

1.

Adequate sound and odor control shall be provided so the use does not create a nuisance.

2.

No outside runs or kennels shall be allowed.

B.

Boarding. The keeping of and care for any number of companion animals for remuneration or profit. Typical uses include boarding kennels, pet resorts/hotels, doggy or pet day care facilities, dog training centers, and animal rescue shelters.

1.

Any building or structure in which animals are kept or exercised shall be set back at least one hundred (100) feet from any R-zoned lot.

C.

Grooming. Salons and pet grooming shops for the bathing and clipping of companion animals.

1.

No outside animal runs or kennels are allowed unless located in a zoning district that permits boarding, in which case, the regulations that apply to animal boarding shall be met.

D.

Veterinary. Animal hospitals and veterinary clinics staffed by veterinarians.

1.

No outside animal runs or kennels are allowed unless located in a zoning district that permits boarding, in which case the regulations that apply to animal boarding shall be met.

A primary or accessory use that offers service directly to occupants of motor vehicles. Such uses are typically associated with restaurants, banks, and pharmacies. Establishment, alteration, movement, or expansion of any new drive-thru uses shall be prohibited.

An establishment that serves food or beverages for on- or off-premises consumption as its principal business. The following describe the sub-categories of eating and drinking establishment uses:

A.

Restaurant. An establishment that serves food or beverages for on- or off-premises consumption as its principal business. Typical examples of restaurant uses include principal use restaurants, cafés, cafeterias, ice cream/yogurt shops, donut shops and coffee shops.

B.

Bar. Uses that cater primarily to adults, twenty-one (21) years of age and older, and that sell and serve beer, wine, or alcoholic liquor for on-premises consumption as their principal business. Typical uses include bars, taverns, and nightclubs.

C.

Brew pubs. Any eating establishment with the sale of prepared meals and food and in which beer or malt beverages are manufactured or brewed subject to the barrel production limits and regulations under state law. Brewing activities shall be:

1.

Accessory to sales and consumption of food and beverages on-premises.

2.

Shall be located in a wholly enclosed building.

3.

Production space shall be limited subject to state law.

4.

No outdoor equipment or outdoor storage is permitted.

D.

Craft brewery or distillery. An establishment where malt or distilled spirits are manufactured (brewed, distilled, rectified, or blended), bottled, packaged, and distributed for wholesale and/or retail distribution.

1.

Production space shall be limited subject to state law.

2.

Storage tanks shall comply with screening requirements of section 21-6.6.2 - screening.

3.

Craft breweries/distilleries shall be allowed the following accessory uses:

a.

Guided tours.

b.

Concerts.

c.

Tasting rooms.

d.

Special events.

e.

Distribution between 7:00 a.m. and 7:00 p.m.

4.

Craft breweries/distilleries shall not:

a.

Produce more than two million (2,000,000) gallons of spirits annually.

b.

Exceed fifteen thousand (15,000) square feet.

c.

Produce noxious odors.

Buildings and other facilities that accommodate public assembly for spectator-oriented sports, amusement, or entertainment events. Typical uses include event centers, theaters, and cinemas. The following describe the sub-categories of entertainment and spectator event space uses:

A.

Small. Assembly and entertainment uses with a seating or occupant capacity of no more than one hundred (100) persons.

B.

Large. Assembly and entertainment uses with a seating or occupant capacity of more than one hundred (100) persons.

C.

The following regulations apply to entertainment and spectator event space and their accessory uses when table 21-5.2.4 - table of permitted uses indicates supplemental regulations apply:

1.

Assembly and entertainment uses are allowed only on lots with frontage on an arterial or collector street.

2.

Assembly and entertainment uses require a minimum lot area of three (3) acres, with a minimum public street frontage of one hundred (100) feet.

Uses related to the exchange, lending, borrowing and safe keeping of money. Automatic teller machines, kiosks, and similar facilities that do not have on-site employees or amplified sound are not classified as financial service uses if they meet the criteria for classification as a drive-thru or accessory use (see section 21-5.5.3 - drive-thru facility or division 5.9 - accessory uses). Typical examples of financial service use types are federally chartered banks, credit unions, convenient cash businesses, and pawnshops. The following describe the sub-categories of financial service uses:

A.

Banks, credit unions, brokerage, and investment services. Financial institutions, including, but not limited to banks and trust companies, credit agencies, holding (but not primarily operating) companies, and other investment companies.

B.

All other financial services.

1.

Types:

a.

Check cashing establishment. An establishment licensed by the State of Georgia pursuant to O.C.G.A. § 7-1-700 et seq. Check cashing establishments are subject to the following supplemental regulations:

b.

Precious metal broker. An establishment engaged in whole or in part in the business of buying gold, precious metals or jewelry.

c.

Pawnshop. An entity engaged in whole or in part in the business of lending money on the security of pledged goods (as that term is defined in O.C.G.A. § 44-12-130(5)), or in the business of purchasing tangible personal property on a condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time, or in the business of purchasing tangible personal property from persons or sources other than manufacturers or licensed dealers as part of or in conjunction with the business activities described in this definition.

2.

Lots on which other financial services are located shall have frontage on an arterial street.

3.

All other financial services are prohibited within one thousand (1,000) feet of an existing check cashing establishment, precious metal broker, or pawnshop.

4.

Check cashing establishments shall operate as an independent principal use and not be combined with any other use.

Uses that provide services related to the death of a human or companion animal, including funeral homes and mortuaries. Alkaline hydrolysis, or water cremation, is considered a funeral and mortuary service.

Uses that provide temporary overnight sleeping accommodations or lodging for guests paying a fee or other form of compensation for a period of less than thirty (30) consecutive days. Lodging uses sometimes provide food or entertainment, primarily to registered guests. Lodging use types include: bed and breakfasts, hotels, motels, and short-term rentals. The following describe the sub-categories of lodging uses:

A.

Bed and breakfast. A lodging establishment in a detached house in which the resident owner/ operator offers accommodations and meal service to overnight guests for compensation. The following supplemental regulations apply to bed and breakfasts:

1.

The length of stay for guests in a bed and breakfast may not exceed fourteen (14) continuous days, and guests may not re-register for at least thirty (30) days from the termination of their previous stay.

2.

The bed and breakfast shall be occupied by the owner or renter of the principal dwelling unit.

3.

The minimum lot area required for a bed and breakfast use is twenty thousand (20,000) square feet. The detached house in which the use is located shall have floor area of at least two thousand five hundred (2,500) square feet.

4.

No separate kitchen facilities are allowed.

5.

At least one (1) off-street parking space shall be provided for each bedroom.

6.

The residential character of the dwelling shall be maintained.

7.

An occupational tax certificate is required to operate a bed and breakfast.

B.

Hotel. A building in which lodging or boarding and lodging facilities are provided for transient guests and offered to the public for compensation. Ingress and egress to and from all rooms are through an inside lobby or office supervised by a person in charge at all hours.

C.

Motel. One (1) or more buildings in which board and/or lodging are provided for transient guests for compensation. Ingress and egress to and from all rooms are made primarily directly from an exterior walkway rather than from an inside lobby.

D.

Extended-stay motel/hotel. Any building which are used, rented, or hired out to be occupied for sleeping purposes for guests and contain kitchen facilities for food preparation, including, but not limited to such facilities as refrigerators, stoves, and ovens. May also be known as "apartment hotels."

E.

Short-term rental. The use of an owner-occupied residential dwelling unit or portion of such dwelling unit for lodging.

Personal health services including prevention, diagnosis and treatment services for humans, as provided by physicians, dentists, nurses and other health personnel. Medical service uses are performed in an office setting with no overnight care. Typical uses include offices of physicians, dentists, psychiatrists, psychologists, physical therapists and chiropractors. Surgical, rehabilitation and other medical centers that do not involve overnight patient stays are included in this use subcategory, as are medical and dental laboratories, blood banks, and kidney dialysis centers, unless otherwise expressly indicated.

Uses that focus on providing executive, management, administrative and professional services other than those included in the medical service use subcategory. Also includes broadcast and recording studios and uses engaged in scientific research and testing services leading to the development of new products and processes that do not involve the mass production, distribution or sale of such products.

Parking that is not provided to comply with minimum off-street parking requirements and that is not provided exclusively to serve occupants of or visitors to a particular use, but rather is available to the public at-large. A facility that provides both accessory parking and non-accessory parking is classified as non-accessory parking.

A.

All landscaping and site development standards applying to parking lots in division 6.3 - landscaping and other site features shall apply.

B.

Non-accessory parking uses shall be separated from other non-accessory parking uses by a minimum distance of one thousand five hundred (1,500) feet.

Uses that provide low-impact repair, maintenance, and improvement services to individual consumers and small businesses. The following describe the sub-categories of consumer service uses:

A.

Consumer maintenance and repair service. Uses that provide maintenance, cleaning, and repair services for consumer goods on a site (i.e., customers bring goods to the site of the repair/maintenance business). Typical uses include laundry and dry-cleaning pick-up shops, tailors, taxidermists, dressmakers, shoe repair, picture framing shops, copy shops, locksmiths, vacuum repair shops, electronics repair shops and similar establishments. Businesses that offer repair and maintenance service for large equipment or technicians who visit customers' homes or places of business are classified as an "industrial service."

B.

Personal service. Uses that provide personal support and improvement services. Typical uses include barbers, hair and nail salons, tanning salons, travel agencies, and day spas. Also includes uses involved in providing tattoos, piercing, and similar forms of body art.

C.

Studio or instructional service. Uses that focus on providing individual or small group instruction or training in fine arts, music, dance, drama, fitness, language or similar activities. Also includes dance studios, ballet açademies, yoga studios, martial arts instruction, tutoring, photography studios and other studios for artists that do not involve the use of power tools or power machinery.

Uses involving the sale, lease, or rental of new or used goods to the ultimate consumer. Examples of specific retail use types include retail sales of convenience goods, consumer shopping goods, and building supplies, and equipment. The following describe the sub-categories of retail sales uses:

A.

General retail sales. Typical uses include drug stores, department stores, florists, quick-service copy shops, TV and electronics stores, jewelry stores, camera shops, bike shops, sporting goods stores, office supply stores, furniture stores, and apparel stores.

B.

Fireworks store. Use primarily for the retail display and sale of consumer fireworks to the public that does not include a tent, canopy, or membrane structure. The term primarily in this sub-section means that 80% or greater of the fireworks store is used for the retail display and sale of consumer fireworks to the public.

1.

No more than twenty-five (25) percent of such retail display space is used for consumer fireworks and items or products as provided under O.C.G.A. § 25-10-1(b)(2)1; and

2.

A fireworks retail facility must be located at least two hundred (200) feet from any R or MF-zoned districts.

C.

Liquor store. A store primarily engaged in the off-sale of general alcohol, including beer, wine, and distilled spirits, and where other items (e.g., dry goods and food products) may also be sold. Liquor stores are subject to all requirements of chapter 3 - alcoholic beverages.

D.

Vape shop or other tobacco store. Any premises dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, or tobacco paraphernalia; provided, however, that any grocery store, supermarket, convenience store or similar retail use that only sells conventional cigars, cigarettes, or tobacco as an ancillary sale shall not be defined as a "vape shop or other tobacco store" and shall not be subject to the restrictions in this subsection:

1.

No smoking shall be permitted on the premises at any time.

2.

No sales may be solicited or conducted on the premises by minors.

3.

No self-service tobacco, tobacco product, or tobacco paraphernalia displays shall be permitted.

4.

No distribution of free or low-cost tobacco, tobacco products, or tobacco paraphernalia, as well as coupons for said items, shall be permitted.

5.

Vape shops or other tobacco stores shall not be located within three hundred (300) feet, measured property line to property line, from a school (public or private), day care, community center, recreational facility, park, place of worship, hospital, or other similar uses where children regularly gather.

6.

Vape shops or other tobacco stores shall not be located within five hundred (500) feet, measured property line to property line, from another vape shop or other tobacco store.

7.

It is unlawful for a vape shop or other tobacco store to knowingly allow or permit a minor, not accompanied by his or her parent or legal guardian, to enter or remain within any vape shop or other tobacco store.

E.

Smoking lounge. An establishment which sells tobacco and/or promotes the smoking of tobacco products or other any other substance on its premises. The term "smoking lounge" includes but, is not limited to: cigar lounges, hookah cafes, tobacco lounges, tobacco clubs, or tobacco bars.

Sexually oriented businesses are adult bookstores, adult video stores, adult dancing establishments, adult mini-motion picture theaters, adult motion picture arcade, adult video store, erotic dance establishment, or escort service, as those terms are defined in section 14-262 of the Municipal Code.

A.

It is a purpose of this chapter to regulate sexually oriented businesses in order to promote the health, safety, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the city. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the first amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.

B.

Findings and rationale.

1.

Based on evidence of the adverse secondary effects of adult uses presented in hearings and in reports made available to the board of mayor and commissioners, and on findings, interpretations, and narrowing constructions incorporated in the cases of City of Littleton v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774 (2004); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); City of Erie v. Pap's A.M., 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 427 U.S. 50 (1976); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue, 409 U.S. 109 (1972); N.Y. State Liquor Authority v. Bellanca, 452 U.S. 714 (1981); Sewell v. Georgia, 435 U.S. 982 (1978); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); City of Dallas v. Stanglin, 490 U.S. 19 (1989); and Flanigan's Enters., Inc. v. Fulton County, 596 F.3d 1265 (11 ^th Cir. 2010); Peek-a-Boo Lounge v. Manatee County, 630 F.3d 1346 (11 ^th Cir. 2011); Daytona Grand, Inc. v. City of Daytona Beach, 490 F.3d 860 (11 ^th Cir. 2007); Jacksonville Property Rights Ass'n, Inc. v. City of Jacksonville, 635 F.3d 1266 (11 ^th Cir. 2011); Artistic Entertainment, Inc. v. City of Warner Robins, 331 F.3d 1196 (11 ^th Cir. 2003); Artistic Entertainment, Inc. v. City of Warner Robins, 223 F.3d 1306 (11 ^th Cir. 2000); Williams v. Pryor, 240 F.3d 944 (11 ^th Cir. 2001); Williams v. A.G. of Alabama, 378 F.3d 1232 (11th Cir. 2004); Williams v. Morgan, 478 F.3d 1316 (11 ^th Cir. 2007); Gary v. City of Warner Robins, 311 F.3d 1334 (11th Cir. 2002); Ward v. County of Orange, 217 F.3d 1350 (11 ^th Cir. 2002); Boss Capital, Inc. v. City of Casselberry, 187 F3d 1251 (11 ^th Cir. 1999); David Vincent, Inc. v. Broward County, 200 F.3d 1325 (11 ^th Cir. 2000); Sammy's of Mobile, Ltd. v. City of Mobile, 140 F.3d 993 (11 ^th Cir. 1998); Lady J. Lingerie, Inc. v. City of Jacksonville, 176 F.3d 1358 (11 ^th Cir. 1999); This That And The Other Gift and Tobacco, Inc. v. Cobb County, 285 F.3d 1319 (11 ^th Cir. 2002); DLS, Inc. v. City of Chattanooga, 107 F.3d 403 (6 ^th Cir. 1997); Grand Faloon Tavern, Inc. v. Wicker, 670 F.2d 943 (11 ^th Cir. 1982); International Food & Beverage Systems v. Ft. Lauderdale, 794 F.2d 1520 (11 ^th Cir. 1986); 5634 E. Hillsborough Ave., Inc. v. Hillsborough County, 2007 WL 2936211 (M.D. Fla. Oct. 4, 2007), aff'd, 2008 WL 4276370 (11 ^th Cir. Sept. 18, 2008) (per curiam); Fairfax MK, Inc. v. City of Clarkston, 274 Ga. 520 (2001); Morrison v. State, 272 Ga. 129 (2000); Flippen Alliance for Community Empowerment, Inc. v. Brannan, 601 S.E.2d 106 (Ga. Ct. App. 2004); Oasis Goodtime Emporium I, Inc. v. DeKalb County, 272 Ga. 887 (2000); Chamblee Visuals, LLC v. City of Chamblee, 270 Ga. 33 (1998); World Famous Dudley's Food & Spirits, Inc. v. City of College Park, 265 Ga. 618 (1995); Airport Bookstore, Inc. v. Jackson, 242 Ga. 214 (1978); Imaginary Images, Inc. v. Evans, 612 F.3d 736 (4 ^th Cir. 2010); LLEH, Inc. v. Wichita County, 289 F.3d 358 (5 ^th Cir. 2002); Ocello v. Koster, 354 S.W.3d 187 (Mo. 2011); 84 Video/Newsstand, Inc. v. Sartini, 2011 WL 3904097 (6 ^th Cir. Sept. 7, 2011); Plaza Group Properties, LLC v. Spencer County Plan Commission, 877 N.E.2d 877 (Ind. Ct. App. 2007); East Brooks Books, Inc. v. Shelby County, 588 F.3d 360 (6 ^th Cir. 2009); Entm't Prods., Inc. v. Shelby County, 588 F.3d 372 (6th Cir. 2009); Sensations, Inc. v. City of Grand Rapids, 526 F.3d 291 (6th Cir.); World Wide Video of Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9 ^th Cir. 2004); Ben's Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7 ^th Cir. 2003); H&A Land Corp. v. City of Kennedale, 480 F.3d 336 (5 ^th Cir. 2007); Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5 ^th Cir. 1995); Fantasy Ranch, Inc. v. City of Arlington, 459 F.3d 546 (5 ^th Cir. 2006); Illinois One News, Inc. v. City of Marshall, 477 F.3d 461 (7 ^th Cir. 2007); G.M. Enterprises, Inc. v. Town of St. Joseph, 350 F.3d 631 (7 ^th Cir. 2003); Richland Bookmart, Inc. v. Knox County, 555 F.3d 512 (6 ^th Cir. 2009); Bigg Wolf Discount Video Movie Sales, Inc. v. Montgomery County, 256 F. Supp. 2d 385 (D. Md. 2003); Richland Bookmart, Inc. v. Nichols, 137 F.3d 435 (6 ^th Cir. 1998); Spokane Arcade, Inc. v. City of Spokane, 75 F.3d 663 (9 ^th Cir. 1996); DCR, Inc. v. Pierce County, 964 P.2d 380 (Wash. Ct. App. 1998); City of New York v. Hommes, 724 N.E.2d 368 (N.Y. 1999); Taylor v. State, No. 01-01-00505-CR, 2002 WL 1722154 (Tex. App. July 25, 2002); Fantasyland Video, Inc. v. County of San Diego, 505 F.3d 996 (9 ^th Cir. 2007); Gammoh v. City of La Habra, 395 F.3d 1114 (9 ^th Cir. 2005); Starship Enters. of Atlanta, Inc. v. Coweta County, No. 3:09-CV-123, R. 41 (N.D. Ga. Feb. 28, 2011); High Five Investments, LLC v. Floyd County, No. 4:06-CV-190, R. 128 (N.D. Ga. Mar. 14, 2008); 10950 Retail, LLC v. Fulton County, No. 1:06-CV-1923, R. 62 Order (N.D. Ga. Dec. 21, 2006); 10950 Retail, LLC v. Fulton County, No. 1:06-CV- 1923, R. 84 Contempt Order (N.D. Ga. Jan. 4, 2007); Z.J. Gifts D-4, L.L.C. v. City of Littleton, Civil Action No. 99-N-1696, Memorandum Decision and Order (D. Colo. March 31, 2001); People ex rel. Deters v. The Lion's Den, Inc., Case No. 04-CH-26, Modified Permanent Injunction Order (Ill. Fourth Judicial Circuit, Effingham County, July 13, 2005); Reliable Consultants, Inc. v. City of Kennedale, No. 4:05-CV-166-A, Findings of Fact and Conclusions of Law (N.D. Tex. May 26, 2005); Goldrush II v. City of Marietta, 267 Ga. 683 (1997); and based upon reports concerning secondary effects occurring in and around sexually oriented businesses, including, but not limited to, "Correlates of Current Transactional Sex among a Sample of Female Exotic Dancers in Baltimore, MD," Journal of Urban Health (2011); "Does the Presence of Sexually Oriented Businesses elate to Increased Levels of Crime?" Crime & Delinquency (2012) (Louisville, KY); Metropolis, Illinois - 2011-12; Manatee County, Florida - 2007; Hillsborough County, Florida - 2006; Clarksville, Indiana - 2009; El Paso, Texas - 2008; Memphis, Tennessee - 2006; New Albany, Indiana - 2009; Louisville, Kentucky - 2004; Fulton County, GA - 2001; Chattanooga, Tennessee - 1999-2003; Jackson County, Missouri - 2008; Ft. Worth, Texas - 2004; Kennedale, Texas - 2005; Greensboro, North Carolina - 2003; Dallas, Texas - 1997; Houston, Texas - 1997, 1983; Phoenix, Arizona - 1995-98, 1979; Tucson, Arizona - 1990; Spokane, Washington - 2001; St. Cloud, Minnesota - 1994; Austin, Texas - 1986; Indianapolis, Indiana - 1984; Garden Grove, California - 1991; Los Angeles, California - 1977; Whittier, California - 1978; Oklahoma City, Oklahoma - 1986; New York, New York Times Square - 1994; the Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota); Dallas, Texas - 2007; "Rural Hotspots: The Case of Adult Businesses," 19 Criminal Justice Policy Review 153 (2008); "Stripclubs According to Strippers: Exposing Workplace Sexual Violence," by Kelly Holsopple, Program Director, Freedom and Justice Center for Prostitution Resources, Minneapolis, Minnesota; "Sexually Oriented Businesses: An Insider's View," by David Sherman, presented to the Michigan House Committee on Ethics and Constitutional Law, Jan. 12, 2000; Law Enforcement and Private Investigator Affidavits (Pink Pony South, Forest Park, GA, and Adult Cabarets in Sandy Springs, GA), the Board of Mayor and Commissioners finds:

2.

Sexually oriented businesses, as a subcategory of commercial uses, are associated with a wide variety of adverse secondary effects including, but not limited to, personal and property crimes, prostitution, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties, urban blight, litter, and sexual assault and exploitation. Alcohol consumption impairs judgment and lowers inhibitions, thereby increasing the risk of adverse secondary effects.

3.

Sexually oriented businesses should be separated from sensitive land uses to minimize the impact of their secondary effects upon such uses, and should be separated from other sexually oriented businesses, to minimize the secondary effects associated with such uses and to prevent an unnecessary concentration of sexually oriented businesses in one (1) area.

4.

Each of the foregoing negative secondary effects constitutes a harm which the city has a substantial government interest in preventing and/or abating. This substantial government interest in preventing secondary effects, which is the city's rationale for this section, exists independent of any comparative analysis between sexually oriented and non-sexually oriented businesses. Additionally, the city's interest in regulating sexually oriented businesses extends to preventing future secondary effects of either current or future sexually oriented businesses that may locate in the city. The city finds that the cases and documentation relied on in this section are reasonably believed to be relevant to said secondary effects.

5.

The city hereby adopts and incorporates herein its stated findings and legislative record related to the adverse secondary effects of sexually oriented businesses, including the judicial opinions and reports related to such secondary effects.

C.

Prohibited locations. It shall be unlawful to establish, operate, or cause to be operated a sexually oriented business in the city that is located:

1.

Within three hundred (300) feet, measured property line to property line, from a school (public or private), day care, community center, recreational facility, park, place of worship, hospital, or other similar uses where children regularly gather.

2.

Within five hundred (500) feet, measured property line to property line, from another sexually oriented business.

D.

Measurements.

1.

Measurement of the required spacing between sexually oriented businesses shall be made in a straight line without regard to intervening structures or objects, between the closest points on the property lines of the two (2) sexually oriented businesses.

2.

Measurement of the required spacing between a sexually oriented business and a residential district, place of worship, park, or public library shall be made in a straight line without regard to intervening structures or objects, from the closest part of the structure containing the sexually oriented business to the closest point on the boundary line of the residential district or the closest point on the property line of the place of worship, park, or public library.

Provision of sports or recreation primarily by and for participants. Spectators are incidental. Examples include bowling alleys, health clubs, skating rinks, billiard parlors, miniature golf courses, batting cages, and go-cart tracks. The following describe the sub-categories of sports and recreation, participation uses:

A.

Indoor. Participant sports and recreation uses conducted entirely within buildings.

B.

Outdoor. Participant sports and recreation uses conducted wholly or partially outside of buildings.

The following describe the sub-categories of vehicle equipment sales and service uses:

A.

Fuel station. A use engaged in retail sales of vehicle fuels for personal vehicles, other than fleet fueling facilities and truck stops, which are regulated as industrial service uses. In addition to the general requirements, fuel stations require the following:

1.

Any new fuel station shall be located at least two thousand five hundred (2,500) feet from any existing fuel station.

2.

Any pavement associated with vehicles shall be screened from view, except for drive entrances, using landscaping (see division 6.3 - landscaping and other site features).

3.

No fuel station may be located within fifty (50) feet of the lot line of an R-zoned district.

4.

Measurements. Measurements shall be taken without regard to the city limits of Avondale Estates and is measured to the property line, regardless of where the fuel pumps are located on the site.

B.

Vehicle sales. Uses primarily engaged in the sales of personal, consumer-oriented motor vehicles, such as automobiles, pick-up trucks, motorcycles and personal watercraft. The sale of large trucks, construction equipment, agricultural equipment, aircraft or similar large vehicles are regulated as trucking and transportation terminals.

C.

Vehicle rentals. Uses primarily engaged in the rental of personal, consumer-oriented motor vehicles, such as automobiles, pick-up trucks, motorcycles and personal watercraft. The rental of large trucks, construction equipment, agricultural equipment, aircraft or similar large vehicles are regulated as trucking and transportation terminals.

D.

Vehicle maintenance and repair, minor. Uses that repair, install, or maintain the mechanical components of automobiles, trucks, vans, trailers or motorcycles or that wash, clean or otherwise protect the exterior or interior surfaces of such vehicles. Typical examples include oil-change shops, muffler shops, tire shops, and auto repair shops providing motor and mechanical repair services.

E.

Vehicle maintenance and repair, major. Uses that primarily conduct motor vehicle body work and repairs or that apply paint to the exterior or interior surfaces of motor vehicles by spraying, dipping, flow-coating or other similar means. Typical examples include body and paint shops.

F.

General requirements. These requirements apply to all motor vehicle equipment sales and service uses:

1.

No trailer or mobile building is permitted on the property (other than a temporary construction office).

2.

No part of any service buildings or equipment may be located between a primary structure and the street.

3.

Vehicles shall not be displayed on elevated platforms. All exterior display areas shall be located at ground level.

4.

Vehicles must be parked in orderly fashion similar to a regular parking lot.

5.

Outdoor display of tires is prohibited.

6.

Outdoor washing and detailing of vehicles is prohibited. All vehicle service must be conducted inside a building.

The industrial use category includes definitions and, in some cases, supplemental use regulations, for uses that produce goods from extracted materials or from recyclable or previously prepared materials, including the design, storage, and handling of these products and the materials from which they are produced. It also includes uses that store or distribute materials or goods in large quantities and uses involved in basic industrial processes.

Uses primarily involved in the manufacturing, processing, fabrication, packaging, or assembly of goods made for the wholesale market, for transfer to other plants, or for firms or consumers. The following describe the sub- categories of fabrication and production uses:

A.

Artisan. Uses involved in the creation of art works or custom goods by hand manufacturing involving the use of hand tools and small-scale, light mechanical equipment in a completely enclosed building with no outdoor operations, storage or regular commercial truck parking/loading, but which may include retail sales of goods produced on on-site.

B.

Limited. Uses that process, fabricate, assemble, treat, or package finished parts or products without the use of explosive or petroleum materials. This subcategory does not include the assembly of large equipment and machinery and has very limited external impacts in terms of noise, vibration, odor, hours of operation, and traffic. Common examples include apparel manufacturing, bakery products manufacturing, bottling plants, ice manufacturing, mattress manufacturing and assembly, musical instrument manufacturing, newspaper printing and binderies.

C.

General. Uses that process, fabricate, assemble, or treat materials for the production of large equipment and machines as well as fabrication and production uses that because of their scale or method of operation regularly produce odors, dust, noise, vibration, truck traffic or other external impacts that are detectable beyond the property lines of the subject property. Common examples include dairy products manufacturing, foundries, chrome plating, crematoriums, electroplating, fiberglass manufacturing, flour mills and paper products manufacturing. Uses that regularly use hazardous chemicals or procedures or produce hazardous byproducts are prohibited.

Uses engaged in the maintenance, repair or servicing of industrial, business or consumer machinery. Examples include janitorial, carpet cleaning, extermination, plumbing, electrical, window cleaning and similar building maintenance services; welding shops; machine shops; heavy truck servicing and repair; publishing and lithography; redemption centers; laundry, dry cleaning and carpet cleaning plants; photofinishing laboratories, and maintenance and repair services that are not otherwise classified.

Uses involved in the storage or movement of goods for themselves or other firms or the sale, lease, or rental of goods primarily intended for industrial, institutional, or commercial businesses. The following describe the sub-categories of storage, distribution, and wholesaling uses:

A.

Equipment and materials storage, outdoor uses related to outdoor storage of equipment, products, or materials, whether or not stored in containers.

B.

Self-service storage. An enclosed use that provides separate, small-scale, self-service storage facilities leased or rented to individuals or small businesses. Facilities are designed and used to accommodate interior access to storage lockers or drive-up access from passenger vehicles.

C.

Trucking and transportation terminals. Uses engaged in the sales, rental, dispatching or long-term or short-term storage of large trucks, buses, fleet fueling facilities and truck stops, construction equipment agricultural equipment and similar large vehicles, including parcel service delivery vehicles, taxis and limousines. Also includes uses engaged in the moving of household or office furniture, appliances and equipment from one (1) location to another, including the temporary on-site storage of those items.

D.

Warehouse. Uses conducted within a completely enclosed building that are engaged in long-term and short-term storage of goods and that do not meet the definition of "self-service storage" use or a "trucking and transportation terminal."

E.

Wholesale sales and distribution. Uses engaged in the wholesale sales, bulk storage and distribution of goods. Such uses may also include incidental retail sales and wholesale showrooms. Expressly includes the following uses: bottled gas and fuel oil sales, monument sales, and portable storage building sales.

A use where waste, scrap, used or second-hand materials are bought, sold, exchanged, stored, baled, packed, disassembled, crushed, processed, or handled for reclamation, disposal or other similar purposes, including, but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles.

The agricultural use category includes definitions and, in some cases, supplemental use regulations, for uses that involve the preparation of plant and animal products.

Areas that are managed and maintained by a group of individuals to grow and harvest food crops or non-food crops (e.g., flowers). A community garden area may be divided into separate garden plots for cultivation by one (1) or more individuals or may be farmed collectively by members of the group. Community gardens may be principal or accessory uses and are subject to the following supplemental use regulations:

A.

On-site sales of community garden food products is permitted as an accessory use.

B.

The community garden site shall be designed and maintained to prevent any chemical pesticide, fertilizer, or other garden waste from draining onto adjacent properties.

C.

On-site trash, recycle, and compost containers shall be located and maintained as far as practicable from residential dwelling units located on other lots.

D.

The property shall be maintained free of tall weeds and debris. Dead garden plants shall be regularly removed and, in any instance, no later than December 1 of each year.

E.

The perimeter of all community gardens shall be fenced in accordance with division 6.5 - fences and walls.

The supplemental wireless communication facility regulations of this Section shall be applied within the constraints of state and federal law, the federal Telecommunications Act of 1996 and section 6409 of the federal Middle Class Tax Relief and Job Creation Act of 2012, as well as all applicable rulings of the FCC and the Streamlining Wireless Facilities and Antennas Act of 2019, as codified in title 36, chapters 66B and 66C.

The wireless communication use category includes definitions and, in some cases, supplemental use regulations, for wireless communication facilities and wireless support structures. The location of wire communication facilities/structures may be permitted under the provision of this section. The intent of this section is to provide for the appropriate location and development of communication towers to serve the residents and businesses of the city; minimize adverse visual impacts of towers through careful design, siting, landscape and innovative camouflaging techniques; and to encourage and concentrate the location of new communication towers in areas which are not zoned for residential use. The following are regulations for wireless communication facilities:

A.

Wireless communication facility. The equipment and network components necessary to provide wireless communications service, excluding the underlying wireless support structure. The term includes antennas, accessory equipment, transmitters, receivers, base stations, power supplies, cabling and associated equipment necessary to provide wireless communications services.

1.

Carrier on wheels (COW). A portable, self-contained wireless facility that can be moved to a location and set up to provide wireless services on a temporary or emergency basis. A COW is normally vehicle-mounted and contains a telescoping boom as the antenna support structure.

2.

Co-location. The placement or installation of wireless communication facilities on existing structures, including electrical transmission towers, water towers, buildings and other structures customarily used for and capable of structurally supporting the attachment of wireless communication facilities in compliance with all applicable codes and regulations.

3.

Concealed wireless facility. Any wireless communication facility that is integrated as an architectural feature of an existing structure or any new wireless support structure designed to camouflage or conceal the presence of antennas or towers so that the purpose of the facility or wireless support structure is not apparent to a casual observer.

B.

Wireless support structure. A freestanding structure, such as a monopole or tower, designed to support wireless communication facilities.

A.

Wireless communication facilities are allowed in accordance with table 21-5.2.4 - table of permitted uses. In addition, the following activities are permitted as of right in all districts:

1.

Removal or replacement of transmission equipment on an existing wireless support structure that does not result in a substantial modification of the wireless communication facility;

2.

Ordinary maintenance of existing wireless communication facilities and wireless support structures; and

3.

Distributed antenna systems when located within a building or on the exterior of a building.

B.

Removal of abandoned antenna and towers. Any wireless support structure that is not actively used by wireless carriers for a continuous period of six (6) consecutive months will be considered abandoned, and the owner of the wireless support structure shall remove it within sixty (60) days of receiving written notice from the city. The city shall ensure and enforce removal by means of its existing regulatory authority, with costs of removal charged to the owner.

C.

Existing towers and antennas. Wireless telecommunication facilities lawfully existing on or before the effective date specified in section 21-1.1.4 - effective date are allowed to remain in place and continue in use and operation. Ordinary maintenance and co-location is permitted, provided than any substantial modification requires review and approval in accordance with the conditional use procedures of division 7.5 - amendments and conditional uses.

D.

Safety standards. To ensure the structural integrity of communication structures, the owner of a structure shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the electronic industries association, as amended from time to time. Tower owners shall conduct periodic inspections of communication towers at least once every three (3) years to ensure structural integrity. Inspections shall be conducted by a structural engineer licensed to practice in the state.

E.

Regulatory compliance. All structures and facilities shall meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate communications towers and antennas. If such standards and regulations are changed then the owners of the communications towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency.

F.

Lighting. No illumination is permitted on an antenna or tower unless required by the FCC, FAA, or other state or federal agency of jurisdiction, in which case the city manager shall review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding uses and views.

G.

Signage. No signage is permitted on a facility or structure.

H.

Visual impact.

1.

Structures shall either maintain a galvanized steel finish or subject to any applicable standards of the FAA or other applicable federal or state agency, or be painted a neutral color, so as to reduce visual obtrusiveness.

2.

At a structure site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment.

I.

Decisions.

1.

The environmental effects of radio frequency emissions may not serve as a basis to approve, deny or otherwise regulate a telecommunication facility to the extent that emissions comply with Federal Communications Commission regulations.

2.

All decisions denying a request to place, construct, or modify a wireless communication use must be in writing and be supported by a written record documenting the reasons for the denial and the evidence in support of the decision.

J.

The placement of additional buildings or other supporting equipment necessarily required in connection with an otherwise authorized wireless communication use is specifically authorized.

The requirements of this section apply to installments on existing buildings and structures on private property.

A.

Antennas that are attached or affixed to existing wireless support structures or alternative telecommunication support structures are permitted as of right in all zoning districts, provided that the antenna does not substantially change the physical dimensions of such structure.

B.

Co-locations and concealed facilities in R-zoned districts shall be visually screened from view of all abutting lots. Facilities in other zoning districts must be screened or designed and installed so as to make the antenna and related-equipment as visually unobtrusive as possible.

C.

If a facility is installed on a structure other than a tower, the facility and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

D.

Co-location antennas or concealed facilities that substantially change the physical dimensions of such structure require conditional use permit approval in accordance with division 7.5 - amendments and conditional uses. For the purpose of this section, "substantial change" shall mean:

1.

Increases height by more than ten (10) percent or twenty (20) feet, whichever is greater, as measured from facility as it existed prior to enactment of this section.

2.

Appurtenances added protrude from body of structure more than twenty (20) feet in width.

3.

If it involves installing more than the standard number of cabinets for the technology involved, not to exceed four (4) cabinets; or if it involves installation of any cabinets if there are no pre-existing cabinets, or involves installation of ground cabinets that are more than ten (10) percent larger in height or overall volume than any other associated ground cabinets.

4.

Involves excavation or deployment outside the current "site." "Site" shall be defined as the current boundaries of the leased or owned property surrounding the tower and any access or utility easements.

5.

For concealed or stealth-designed facilities, if a modification would defeat the concealment elements of the wireless tower or base station.

6.

The modification would not comply with other conditions imposed on the applicable wireless support structure or base station, unless the non-compliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that does not exceed the above thresholds.

The requirements of this section apply to stand-alone towers and structures.

A.

Height requirements.

1.

For a single user, maximum height is seventy (70) feet;

2.

For two (2) users, maximum height is one hundred (100) feet;

3.

For three (3) users, maximum height is one hundred fifty (150) feet; and

4.

Towers clustered at the same site shall be of similar height and design.

B.

Towers shall be erected a minimum height necessary to provide parity with existing similar tower supported antenna, and shall be freestanding where the negative visual effect is less than would be created by use of a guyed tower.

C.

Setbacks. Wireless support structures shall be set back from all property lines a distance that is at least equal to its engineered fall zone.

D.

Security. Communication towers shall be enclosed by decay-resistant security fencing not less than six (6) feet in height and shall be equipped with an appropriate anti-climbing device that meets the requirements of division 6.5 - fences and walls.

E.

Landscaping. Landscaping shall be used to effectively screen the view of the tower compound from adjacent public rights-of-way, public property, and residential property and shall be as follows:

1.

A buffer area no less than six (6) feet wide shall commence at the base of the tower.

2.

The buffer zone is to consist of materials of a variety and spacing which can be expected to grow to form a continuous hedge at least five (5) feet in height within two (2) years of planting.

3.

Trees and shrubs in the vicinity of guy wires shall be of a kind that would not exceed twenty (20) feet in height or would not affect the stability of the guys, should they be uprooted, and shall not obscure visibility of the anchor from the transmission building or security facilities staff and maintenance.

4.

Native vegetation on the site shall be preserved to the greatest practical extent. The applicant shall provide a site plan showing existing significant vegetation to be replanted to replace that lost.

5.

In lieu of these standards, the city manager may allow use of an alternate detailed plan and specifications for landscape and screening, including plantings, fences, walls, and other features designed to screen and buffer towers and accessory uses. The plan shall accomplish the same degree of screening achieved by the provisions above, except as lesser requirements are desirable for adequate visibility for security purposes.

In the case where a conditional use permit is required, the information required herein shall be required for the conditional use review process. Regardless, the information shall be provided with a permit for the construction or a facility or support structure.

A.

Each applicant requesting approval of a wireless communication use must provide to the city manager, as a part of the application, an inventory of its existing facilities that are either within the city and/or within one-quarter mile of the city boundaries, including information regarding the location, height, and design of each facility.

B.

No new wireless support structure may be permitted unless the applicant demonstrates that no existing facility or structure can accommodate the applicant's proposed antenna. Evidence must be submitted at the time of application demonstrating that no existing facility or structure can accommodate the applicant's proposed antenna and may consist of one (1) or more of the following:

1.

No existing facilities or structures are located within the geographic area required to meet applicant's engineering requirements;

2.

Existing facilities or structures are not of sufficient height to meet applicant's engineering requirements;

3.

Existing facilities or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment;

4.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing facilities or structures, or the antenna on the existing facilities or structures would cause interference with the applicant's proposed antenna;

5.

The fees, costs, or contractual provisions required by the owner in order to share an existing or structure or to adapt an existing facility or structure for sharing are unreasonable; or

6.

There are other limiting factors that render existing facilities and structures unsuitable.

Small wireless facilities are regulated by chapter 17, article IV of the Municipal Code.

The accessory use category includes definitions and, in some cases, supplemental use regulations, for accessory uses allowed only in connection with lawfully established principal uses.

A.

Allowed uses. Allowed accessory uses are limited to those expressly regulated in this section, as well as those that, in the determination of the city manager, satisfy all of the following criteria:

1.

They are customarily found in conjunction with the principal use of the subject property;

2.

They are subordinate and clearly incidental to the principal use of the property; and

3.

They serve a necessary function for or contribute to the comfort, safety, or convenience of occupants of the principal use.

B.

Time of construction and establishment. Accessory uses may be established only after the principal use of the property is established.

C.

Location. Accessory uses shall be located on the same lot as the principal use to which they are accessory, unless otherwise expressly stated.

A.

Accessory buildings and structures are subject to the same regulations that apply to principal uses and structures on the subject lot, unless otherwise expressly stated.

B.

An accessory building or structure shall be clearly subordinate to the primary structure in all dimensional aspects.

C.

Accessory buildings attached to the principal building by conditioned spaces are considered part of the primary structure and are subject to the lot and building regulations that apply to the principal building.

D.

Accessory buildings attached by breezeways, passageways, or similar means are not considered part of the primary structure and are subject to accessory building and structure regulations.

E.

Accessory buildings shall be located in the rear yard.

F.

A maximum of two (2) accessory structures shall be permitted per lot.

G.

Accessory buildings or structures are prohibited to be accessory to any single-family attached use.

H.

Building separation. Accessory buildings shall be separated by a minimum distance of ten (10) feet from the principal building on the lot, unless the accessory building is located entirely within the principal building setbacks, in which case, no separation is required. Structures less than thirty (30) inches in height are not subject to building separation requirements.

I.

Maximum area. In all R-zoned districts, the total of all accessory structures shall have a gross square footage of no greater than fifty (50) percent of the gross square footage of the principal building with a maximum of one thousand two hundred (1,200) square feet per lot.

J.

See section 21-6.1.1 - setbacks and section 21-2.1.3 - dimensional standards for additional restrictions applying to residential zoning districts.

A.

An accessory dwelling unit is a smaller, secondary home on the same lot as a primary, single-family detached dwelling. ADUs are independently habitable and provide the basic requirements of shelter, heating, cooking, and sanitation. There are two (2) types of ADUs:

1.

Garden cottages. Detached structures where examples include converted garages, second story garage apartments, or new construction.

2.

Accessory suites. Portions of structures or buildings attached to or part of the primary dwelling. Examples include converted living space, attached garages, basements or attics; additions; or a combination thereof.

B.

Eligibility. ADUs can be established in the following circumstances:

1.

An ADU may be added to any R-12 or R-24-zoned lot.

C.

Accessory structures. ADUs are considered accessory structures and shall comply with all accessory structure regulations section 21-5.9.2 - accessory buildings and structures in addition to those dedicated specifically to ADUs in this section.

D.

Quantity. One (1) ADU is permitted per single-family detached residentially zoned lot or dwelling.

E.

Creation. An ADU may be created through new construction, conversion of an existing structure, addition to an existing structure, or conversion of a qualifying existing house to a garden cottage while simultaneously constructing a new primary dwelling on the site.

F.

Occupancy and use. Occupancy and use standards for an ADU shall be the same as those applicable to a primary dwelling on the same site. Short-term rental of an ADU is prohibited.

G.

Design. Design standards for ADUs are stated in this section. If not addressed in this section, base zoning district standards apply.

1.

All ADUs (accessory suites and garden cottages) shall meet the following requirements:

a.

Size. An ADU shall be no more than one thousand two hundred (1,200) square feet or the fifty (50) percent the size of the primary dwelling, whichever is less.

b.

Parking. No additional parking is required for an ADU. Existing required parking for the primary dwelling shall be maintained or replaced on-site.

c.

Building standards. ADUs shall comply with all building and lot regulations for primary and accessory structures, as applicable based on the type of ADU.

2.

Accessory suites shall meet the following additional requirements:

a.

Location of entrances. Only one (1) entrance may be located on the façade of the primary dwelling facing the street, unless the primary dwelling contained additional entrances before the accessory suite was created. An exception to this regulation is entrances that do not have access from the ground, such as entrances serving balconies or decks.

b.

Exterior stairs. Fire escapes or exterior stairs for access to an upper-level accessory suite shall not be located on the front of the primary dwelling and shall be setback a minimum of five (5) feet from the front building façade.

3.

Garden cottages shall meet the following additional requirements:

a.

Height. The maximum height allowed for a garden cottage is the lesser of twenty-four (24) feet or the height of the primary dwelling.

b.

Building coverage. The building coverage of a garden cottage shall not exceed five hundred seventy-five (575) square feet.

c.

Exterior finish materials. Exterior finish materials shall visually match in type, size, and placement of the exterior finish materials of the primary dwelling.

d.

Roof pitch. The roof pitch shall be the same as the predominant roof pitch of the primary dwelling.

e.

Windows. If the street-facing façade of the ADU is visible from the street, its windows shall match, in proportion and orientation, the windows of the primary dwelling.

f.

Eaves. If the primary dwelling has eaves, the ADU shall have eaves that project from the building. If the primary dwelling does not have eaves, no eaves are required for the ADU.

H.

Exemptions. Garden cottages are eligible for either of the following exemptions:

1.

Design compatibility. Exceptions to section 21-5.9.3.G.3. are granted for garden cottages that:

a.

Are under three hundred (300) square feet and under eighteen (18) feet average height, or

b.

Meet historic design standards, defined elsewhere in the Municipal Code.

2.

Alteration.

a.

If a garden cottage is proposed for an existing detached accessory structure that does not meet one (1) or more of the standards of sections 21-5.9.3.G.3, the structure is exempt from the standard(s) it does not meet.

b.

Alterations that would move the structure out of conformance with standards it does meet are not allowed. This includes the vertical expansion of an accessory structure that does not meet the requirements of this section (i.e.: An accessory structure that encroaches setbacks may not have a second story added to accommodate an accessory dwelling unit).

c.

If any floor area is added to a detached accessory structure, the entire structure shall meet the standards of sections 21-5.9.3.G.3.

Figure 21-5.9.3.A Accessory Dwelling Units

A.

Amateur radio service antennas and supporting towers, including any support upon which it is mounted, shall not exceed a combined height of seventy (70) feet. Amateur radio service antennas exceeding seventy (70) feet in height may be approved through the conditional use permit procedures of division 7.5 - amendments and conditional uses.

B.

All amateur radio service antenna structures shall be set back a distance of at least one-half the height of the tower structure from all property lines.

Backyard chickens involves the keeping of hens for the health, convenience, and personal enjoyment benefits afforded by such use within single-family residential districts, provided that:

A.

No more than six (6) chickens are permitted on lots less than one (1) acre in size. Up to twelve (12) chickens are permitted on lots greater than one (1) acres in size.

B.

Roosters are prohibited.

C.

Associated structures (chicken coop, run, etc.) shall be considered accessory structures and shall comply with section 21-5.9.2 - accessory buildings and structures.

Any bin, container, storage unit, or structure, other than an accessory building or shed, that can or is used for the holding of donated items, including, but not limited to, clothing, toys, books, and newspapers, with the collection of those donated items made at a later date or time and which is located for such purposes outside an enclosed building.

A.

A maximum of one (1) collection bin may be located on each lot.

B.

Bins shall be permitted only on lots that also contains a principal building that contains at least one (1) operating business.

C.

Bins shall be located as follows:

1.

Shall not be located within one thousand (1,000) feet of any other collection bin.

2.

Shall not be located within one hundred (100) feet of any residentially zoned parcel.

3.

Shall not be located within twenty (20) feet of any public right-of-way.

4.

Shall only be permitted in the rear or side yard and shall be located at least five (5) feet from any property line.

5.

Shall not be permitted to obstruct pedestrian or vehicular circulation, nor be located in any public right-of-way, zoning buffer, front yard setback, street side yard setback, landscape zone, landscape island or strip, supplemental zone, parking space, fire lane, or loading zone.

6.

Shall not be located between a building and a street.

D.

Collection bins shall be designed and positioned as follows:

1.

Be fabricated of durable and waterproof materials, not including wood.

2.

Be placed on a surface that is paved with durable concrete.

3.

Have a collection opening that has a tamper-resistant locking mechanism.

4.

Be no more than eighty-four (84) inches high, sixty (60) inches wide and fifty (50) inches deep.

5.

Bins shall only be permitted to display signage on one (1) side.

6.

Bins shall be clearly visible from the principal building and be no more than ten (10) feet from a continually operating light source of at least one (1) foot-candle.

A.

Electric vehicle charging stations may be counted toward satisfying minimum off-street parking space requirements.

B.

Vehicle charging equipment shall be designed and located so as to not impede pedestrian, bicycle, or wheelchair movement or create safety hazards on sidewalks.

C.

Electric vehicle charging stations shall be posted with signage indicating that the space is reserved for electric vehicle charging purposes only. For purposes of this provision, "charging" means that an electric vehicle is parked at an electric vehicle charging station and is connected to the battery charging station equipment.

D.

Electric vehicle charging stations shall be maintained in all respects, including the functioning of the equipment. A phone number or other contact information shall be provided on the equipment for reporting when it is not functioning, or other problems are encountered.

E.

Electric vehicle charging stations in R-zoned districts shall be prohibited within five (5) feet of the front façade, unless it is contained in a structure.

A.

Geothermal energy systems shall be located entirely within the lot lines of the subject property or within appropriate easements.

B.

No portion of a geothermal energy system may be located within a stream or stream buffer.

A.

The home occupation regulations of this section are intended to allow residents to engage in customary home-based work activities, while also helping to ensure that neighboring residents are not subjected to adverse operational and land use impacts (e.g., excessive noise or traffic or public safety hazards) that are not typical of residential uses.

B.

Two (2) types of home occupations are defined and regulated under this section:

1.

Type A home occupation. Type A home occupations are those in which household residents use their home as a place of work, with two (2) or fewer visits from employees, customers, or clients coming to the site per week.

2.

Type B home occupations. Type B home occupation are those in which household residents use their home as a place of work with more than two (2) visits from employees, customers, or clients coming to the site per week.

C.

Exclusions. The following uses are not considered home occupations and are not subject to the home occupation regulations of this section. Each use is allowed as indicated in table 21-5.2.4 - table of permitted uses.

1.

Personal care homes.

2.

Day care.

3.

Bed and breakfast.

4.

Short-term rentals.

D.

Prohibited home occupations. The following uses are expressly prohibited as home occupations:

1.

Any type of assembly, cleaning, maintenance, or repair of vehicles or equipment with internal combustion engines or of large appliances (such as washing machines, clothes dryers or refrigerators);

2.

Dispatch centers or other businesses where employees come to the site and are dispatched to other locations;

3.

Equipment or supply rental businesses;

4.

Taxi, limo, van, or bus services;

5.

Tow truck services;

6.

Firearms sales establishment;

7.

Eating or drinking places;

8.

Funeral or interment services;

9.

Animal care, grooming, or boarding businesses; and

10.

Any use involving the use or storage of vehicles, products, parts, machinery or similar materials or equipment outside of a completely enclosed building.

E.

Type A home occupations.

1.

Type A home occupations are permitted as of right as an accessory use to a principal use in the household living use category. Type A home occupations are subject to the general regulations of this section and all other applicable regulations of this section.

2.

More than one (1) Type A home occupation is allowed as an accessory use, but the general regulations of sub-section G apply to the combined home occupation uses.

F.

Type B home occupations.

1.

Type B home occupations may be approved as an accessory use to a principal use in the household living use category only as expressly stated in this section

2.

Type B home occupations are subject to the general regulations of sub-section G and H, and all other applicable regulations of this section.

3.

Multiple type B home occupations are prohibited as an accessory use to a household living use, and a type A home occupation may not be conducted in conjunction with a type B home occupation.

G.

All type A and type B home occupations are subject to the following general regulations:

1.

Home occupations shall be accessory and secondary to the use of a dwelling unit for residential purposes. They may not change the character of the residential building they occupy or adversely affect the character of the surrounding neighborhood. Home occupations shall not, for example, produce light, noise, vibration, odor, parking demand, or traffic impacts to that are not typical of a residential neighborhood in Avondale Estates. Home occupations shall be operated so as not to create or cause a nuisance.

2.

Any tools or equipment used as part of a home occupation shall be operated in a manner or sound-proofed so as not to be audible beyond the lot lines of the subject property.

3.

External structural alterations or site improvements that change the residential character of the lot upon which a home occupation is located are prohibited. Examples of such prohibited alterations include construction of parking lots, the addition of commercial-like exterior lighting or the addition of a separate building entrance that is visible from abutting streets.

4.

Home occupations and all related activities, including storage (other than the lawful parking or storage of vehicles), shall be conducted entirely within the dwelling unit or accessory building or structure, as permitted.

5.

The area devoted to all home occupations present on the property is limited to twenty-five (25) percent of the dwelling unit's floor area or six hundred fifty (650) square feet, whichever is less.

6.

No window display or other public display of any material or merchandise is allowed.

7.

The use or storage of hazardous substances is prohibited, except at the "consumer commodity" level, as that term is defined in 49 C.F.R. § 171.8.

8.

Only passenger automobiles, passenger vans, and passenger trucks may be used in the conduct of a home occupation. No other types of vehicles may be parked or stored on the premises. This provision is not intended to prohibit deliveries and pickups by common carrier delivery vehicles (e.g., postal service, united parcel service, Fed Ex, et al.) of the type typically used in residential neighborhoods.

9.

Home occupations complying with the regulations of this section are permitted to operate in accessory dwelling units or other accessory structures or buildings.

H.

Type B procedures.

1.

Review and approval.

a.

Type B home occupations are allowed only if reviewed and approved in accordance with the conditional use permit procedures of division 7.5 - amendments and conditional uses.

b.

Instruction, teaching, or tutoring of no more than three (3) students at one time does not require approval of a conditional use permit, but instead requires the same procedures for operating a Type A home occupation.

2.

Supplemental regulations for type B.

a.

One (1) nonresident employee is allowed with type B home occupation if no customers come to the site at any time.

b.

Home occupations that have clients, customers, or students coming to the site at any time may not have nonresident employees.

c.

For the purpose of this provision, the term "nonresident employee" includes an employee, business partner, co-owner or any other person affiliated with the home occupation, who does not live at the site, but who visits the site four (4) days or more per week as part of the home occupation.

A.

Any person conducting business from a mobile food unit shall apply for and receive an occupational tax certificate.

B.

Mobile food units are required to own or lease a commissary kitchen (base of operation) and provide that information to the city in order to receive an occupational tax certificate.

C.

Mobile food units are required to obtain and maintain a permit from the department of agriculture and/or DeKalb County Board of Health - Division of Environmental Health as required and to abide by their regulations for operation. Mobile food units must display such permit on demand by the city.

A.

The outdoor storage regulations of this section apply to the storage of goods, materials, and equipment as an accessory use to commercial or industrial use types when located outside of enclosed buildings, including:

1.

Material in boxes, in crates, or on pallets;

2.

Overnight storage of vehicles awaiting repair (not including new vehicles for sale); construction and contractor's equipment, including lawnmowers;

3.

Fleet vehicles;

4.

Construction material such as lumber, pipe, steel and unpackaged soil, mulch, recycled material, or similar items; or

5.

Other items like appliances, merchandise, equipment, garbage, landscape waste, glass, and rubbish.

B.

Storage shall be fully enclosed by a fence not less than six (6) feet in height containing opaque material to provide visual screening. Fencing shall comply with division 6.5 - fences and walls. Fleet vehicles do not require screening.

The composting of landscape waste (including grass clippings, leaves, and chipped brush) and food waste (including discarded fruits, vegetables, and grains) is an allowed accessory use in residential zoning districts, subject to the regulations of this section.

A.

Only landscape waste generated from plants grown and maintained on the subject lot may be composted. This provision is not intended to prohibit property owners from adding "outside" materials or ingredients to speed or enhance decomposition.

B.

Meat products are prohibited in residential compost bins.

C.

All food waste shall be placed within rodent-resistant compost bins, which are prohibited in front yards, and shall be set back at least ten (10) feet from all lot lines.

D.

Landscape waste compost bins and piles may not exceed one hundred twenty-five (125) cubic feet in volume and may not exceed five (5) feet in height.

E.

Only animal waste from herbivores is allowed within compost bins.

F.

Burning of compost piles is prohibited.

Satellite dish antennas are subject to compliance with the regulations of this section.

A.

In R-zoned districts, satellite dish antennas shall be located in the rear yard or on the rear of the principal building. If usable communication signals cannot be obtained from the rear location, the satellite dish antenna may be located in the side yard or on the side of the principal building. If usable satellite television communication signals cannot be received by locating the antenna to the rear or side of the principal building, the antenna may be placed in the front yard or on the front-facing roof of the principal building, provided that:

1.

The dish diameter does not exceed eighteen (18) inches.

2.

The city manager is authorized to approve a front yard location only upon a showing by the applicant that usable communication signals are not receivable from any location on the property other than the location selected by the applicant.

B.

In all districts other than R-zoned districts, satellite dish antennas may be located anywhere upon a building or within the buildable area of the lot, subject to applicable zoning district setback regulations.

C.

Other regulations.

1.

In all R-zoned districts, satellite dish antennas shall not exceed thirty-six (36) inches in diameter.

2.

A ground-mounted satellite dish antenna shall not exceed twenty (20) feet in height including any platform or structure upon which the antenna is mounted or affixed.

3.

Roof-mounted satellite dish antenna shall not exceed the height of the elevation of the ridge line of the principal structure.

4.

If usable satellite signals cannot be obtained from an antenna installed in compliance with the height limitations imposed by this section, such satellite dish antennas may be installed at a greater height, provided that the height is approved by the city manager. The city manager is authorized to approve a greater height upon a showing by the applicant that installation at a height greater is necessary for the reception of usable communication signals.

5.

All satellite dish antennas shall comply with all manufacturers' specifications, be located on non-combustible and corrosion-resistant material, and be erected in a secure, wind-resistant manner.

6.

All satellite dish antennas shall be adequately grounded for protection against a direct strike of lightning pursuant to the requirements of the city electrical code.

A.

Owners of accessory solar energy systems are solely responsible for negotiating with other property owners for any desired solar easements to protect access to sunlight. Any such easements shall be recorded with the clerk of superior court, and a copy of the recorded document provided to the city manager.

B.

Building-mounted solar energy systems.

1.

Building-mounted solar energy systems may be mounted on principal and accessory structures.

2.

All applicable setback regulations apply to building-mounted solar energy systems.

3.

Only building-integrated and/or flush-mounted solar energy system may be installed on street-facing building elevations.

4.

Solar energy systems may not extend more than three (3) feet above the applicable maximum building height limit or more than four (4) feet above the highest point of the roof line, whichever is less.

C.

Ground-mounted solar energy systems.

1.

In R-zoned districts, ground-mounted solar energy systems shall not be located in a required street setback or street yard.

2.

Ground-mounted solar energy systems may be located within required interior side and rear setbacks in accordance with table 21-6.1.1 - setbacks.

3.

Ground-mounted solar energy systems are subject to applicable accessory structure height and lot coverage regulations.

A.

Swimming pools considered accessory structures and shall comply with all accessory structure regulations section 21-5.9.2 - accessory buildings and structures in addition to those dedicated specifically to swimming pools in this section.

B.

Pool heaters and pumps shall not be located in a front yard and shall be least ten (10) feet from any property line.

C.

Swimming pools shall be located in the rear yard and shall be setback a minimum of ten (10) feet from rear lot lines and twelve (12) feet from side lot lines. Setbacks are measured from the outermost edge of the pool decking to the nearest the applicable lot line.

D.

Commercial accessory swimming pools shall be approved only after receipt of written approval from the DeKalb County Board of Health.

Retail structures store or dispense items for sale, rent, or customer pick-up/drop-off that are accessible from the exterior of a building. This use includes the outdoor placement of soft drink or similar vending machines, propane gas storage racks, ice storage bins, automated teller machines (ATMs), and other similar machines. The use may be freestanding or attached to a principal structure. Collection bins are regulated separately in section 21-5.9.6 - collection bins.

A.

General.

1.

Up to three (3) unmanned retail structures are allowed per lot.

2.

An unmanned retail structure may not exceed a footprint of one hundred fifty (150) square feet and fourteen (14) feet in height.

3.

The unmanned retail structure is not allowed in any required setback area.

4.

Structure shall provide a paved area a minimum of three (3) feet deep.

5.

Structure may not encroach on any required site elements such as landscaping, buffers, required parking, or pedestrian access.

B.

Building signs may be applied to the unmanned retail structure, provided that they follow the sign requirements in chapter 5 - sign regulations and do not cause the lot to exceed its allocation of sign area.

A.

Construction dumpsters. Temporary refuse containers to store trash and recycling during affiliated construction activities, which are not enclosed.

B.

Portable storage containers. Designed for the temporary storage of fixtures, furnishings, equipment, or other household goods and materials. Portable storage containers exclude structures designed for the occupancy by any individual or domestic animal or used as a place of business.

1.

When not associated with a valid permit, portable storage containers may not be parked or stored in R-zoned districts for more than fifteen (15) consecutive days or a total of more than thirty (30) days during any calendar year.

C.

Temporary construction trailers. Occupiable structures used for temporary management of construction activities and related services.

D.

Standards applying to all temporary construction structures:

1.

Temporary construction structures may be parked or stored on any lot when used in conjunction with a valid, unexpired building or land development permit.

2.

All temporary construction structures shall be completely removed from the premises within thirty (30) days of issuance of the final certificate of occupancy or project close-out pertaining to the building(s)/land development associated with the construction.

A.

Any applicant for a permit for temporary outdoor sales of merchandise shall demonstrate compliance with the regulations of this section through an annual permit obtained by the city planning and community development department as an occupational tax certificate.

B.

Temporary sales activities are subject to the following regulations:

1.

No such temporary outdoor sales of merchandise may be conducted on public property, within any public right-of-way, and no display or sales area may block safe pedestrian movement.

2.

Tents may be used in conjunction with temporary sales activities for a maximum of five (5) days over a one-month period.

3.

No operator, employee, or representative may solicit directly to the motoring public.

4.

No temporary outdoor sales may be located within or encroach upon any drainage easement, public sidewalk or right-of-way, required parking spaces, fire lanes, designated loading areas, driveways, maneuvering aisles, or ADA minimum sidewalk width within private sidewalks or other areas intended for pedestrian movement.

A.

Temporary stages require the review and approval of a building permit.

B.

Tents over four hundred (400) square feet require the review and approval of a building permit.

Unless otherwise expressly stated in this zoning ordinance, temporary buildings are prohibited in all zoning districts.