(a)

Accessory uses or structures shall be permitted only in rear yards, except as otherwise provided in this chapter.

(b)

No accessory structure shall be erected on a lot prior to the time of construction of the principal structure to which it is accessory, except boathouses and docks.

(c)

Accessory structure requirements apply only to residential zoning districts. Any structure built on commercial or industrial zoned property shall be considered a principal structure.

(d)

Except as otherwise provided in this chapter, accessory structures shall meet the following requirements:

(1)

Setbacks. Accessory structures shall meet setbacks as provided in the table below. In addition to having to meet the setbacks noted herein, accessory structures shall be located so as not to encroach into a required buffer zone.

(2)

Height restrictions. Accessory structures shall not exceed 18 feet in height.

(3)

Size limitations. Accessory structures shall be limited to an area of 550 square feet, provided that the total area of structures on the lot complies with the building coverage and lot coverage requirements of section 78-197.

(e)

Swimming pool and spa structures shall meet the following requirements:

(1)

Shall have a minimum setback of 12.5 feet from interior side lot lines, or in the case of a corner lot shall be located no closer to the abutting road than the principal structure;

(2)

Shall have a minimum setback of 15 feet from rear lot line(s) for lots not adjoining Lake Berkeley, or in the case of a through lot shall have a minimum setback of 50 feet from the edge of the abutting road;

(3)

Shall have a minimum setback of 15 feet from the shoreline measured at mean water level for lots adjoining Lake Berkeley;

(4)

Shall not exceed 15 inches in height above ground on two sides;

(5)

Shall meet all requirements of chapter 14, article VIII; and

(6)

Shall comply with lot coverage requirements of section 78-197.

(f)

Freestanding patio and deck structures shall meet the following requirements:

(1)

Shall be no higher than 30 inches above the ground;

(2)

Shall have a minimum setback of 12.5 feet from interior side lot lines, or in the case of a corner lot shall be located no closer to the abutting road than the principal structure;

(3)

Shall have a minimum setback of 12.5 feet from rear lot rear line(s) for lots not adjoining Lake Berkeley, or in the case of a through lot shall have a minimum setback of 50 feet from the edge of the abutting road;

(4)

May be constructed to the shoreline for lots adjoining Lake Berkeley; and

(5)

Shall comply with lot coverage requirements of section 78-197.

(g)

Boathouses and docks shall meet the following requirements:

(1)

Shall not extend more than 25 feet into the lake from the natural shoreline;

(2)

Shall have a minimum setback of 12.5 feet from the side lot line(s) as projected into the lake;

(3)

Shall be at least 75 feet from the opposite shore, as measured from the closest point of the boathouse or dock to the opposite shore;

(4)

Shall not exceed 14 feet in height measured from the mean water level;

(5)

Shall be limited in size to a total or combined gross square footage, including the area of the boat slip, of 875 square feet;

(6)

Shall be limited to a total or combined roof area of 675 square feet; and

(7)

Shall not have an area enclosed on two or more sides with any material including, but not limited to, screening and glass; except that an enclosed area no greater than 100 square feet is permitted.

(h)

Permitted only in rear yards, exceptions.

(1)

A detached accessory garage may be permitted in the front or side yard provided it has an exterior finish consistent with the primary residence; is located no closer than 65 feet from the edge of the fronting road; meets the setback requirements in section 78-89(d)(1); meets the height restrictions in section 78-89(d)(2); and meets the size limitations in section 78-89(d)(3).

(2)

An accessory storage shed or work shop may be permitted in the side yard provided it has an exterior finish consistent with the primary residence; meets the setback requirements in section 78-89(d)(1); meets the height restrictions in section 78-89(d)(2); and meets the size limitations in section 78-89(d)(3).

(i)

Recreational vehicles, including but not limited to motor homes, travel trailers, cargo, utility and transport trailers, all-terrain vehicles, boats and personal watercraft, may be parked and/or stored on residential properties subject to the following requirements:

(1)

Only recreational vehicles less than 26 feet in overall length and nine feet in total height (including any trailer) may be parked or stored on residential properties.

(2)

Recreational vehicles shall be kept on a paved surface and located at least ten feet from a side or rear property line, 40 feet from the edge of Lake Berkeley and 65 feet from the edge of any roadway. However, recreational vehicles may be located anywhere on a residential property if in a completely enclosed building.

(3)

Motorhomes, campers, travel trailers, etc. shall not be used as living, sleeping or housekeeping quarters but may be parked anywhere on a residential lot for a period of not more than 24 hours while being loaded or unloaded.

(4)

Watercraft larger than the size limit in paragraph (1) but not more than 28 feet in length, exclusive of trailer, may be parked on a residential property for maintenance purposes for a period not to exceed 45 consecutive days, subject to the requirements of paragraph (2) above. The watercraft shall be removed when maintenance is completed and there shall be a period of at least six months before the watercraft may be returned to the property. The owner shall notify the OEO in writing prior to placing such watercraft on the property.

(5)

Recreational vehicles stored on residential properties shall be maintained in a safe and operable condition, including but not limited to proper tire inflation.

(j)

Commercial vehicles parked on residential properties are subject to the following requirements:

(1)

Parking of the following commercial vehicles is permitted:

a.

Vehicles parked temporarily in conjunction with a commercial service, sale or delivery at the residence.

b.

Standard passenger automobiles and light-duty pick-up trucks, vans, and SUV's used for daily transportation to and from work.

c.

A school bus used for the primary purpose of transporting children to and from state licensed or accredited elementary, middle or high schools; provided such vehicle is parked on a paved surface and located at least ten feet from a side or rear property line, 40 feet from the edge of Lake Berkeley and 65 feet from the edge of any roadway.

(2)

Except as otherwise noted, parking on residential properties shall be prohibited for medium and heavy-duty trucks such as step vans, flat-bed trucks, dump trucks, tow trucks, transport wreckers, tandem axle trucks, cab-on-chassis trucks, tractor cabs; as well as limousines, wheeled attachments, trailers over 20 feet in length, transit buses, earth-moving machinery, and semi-trailers.

(Code 2004, § 39-401; Ord. No. O-31-05c, 2-2-2006; Ord. No. O-61-07, 1-17-2008; Ord. No. O-91-08, 12-18-2008; Ord. No. O-109-09, 11-19-2009; Ord. No. O-171-14, § 1, 9-18-2014)

In all zoning districts, no fence, wall, structure, shrubbery or other obstruction to vision between the heights of three feet and 15 feet, except utility poles, light or street sign standards or tree trunks shall be permitted within 20 feet of the intersection of the right-of-way lines of streets, roads and or highways.

(Code 2004, § 39-402)

City approvals that are required for the use of land and structures and industries shall be obtained by the applicant and transmitted by him with his request for a use permit, an occupancy permit, a zoning amendment, a special exception or a variance. Except as otherwise required by state law, no local action shall be taken and no public hearings shall be held until the required approvals of this section have been obtained by the applicant.

(Code 2004, § 39-403)

(a)

Findings: public purpose. Based on the experiences of other counties and municipalities, including, but not limited to: Houston, Texas; Tucson, Arizona; Chattanooga, Tennessee; Minneapolis, Minnesota; Dayton, Ohio; Lilburn, Georgia; and Gwinnett County, Georgia; which experiences are found to be relevant to the problems faced by the City of Berkeley Lake, and based on documentary evidence and oral presentation submitted during the meeting of the mayor and council on November 16, 2006; and based upon the record of the Gwinnett County Board of Commissioners' public hearing and regular meeting which was held on August 7, 2001, including the record of testimony by Colonel John Latty, Officer John Jenkins, and Investigator J. P. Droualt of the Gwinnett Police Department, and further comments in that meeting by representatives of the adult entertainment industry, the mayor and council of the city take note of the well-known and self-evident conditions and secondary effects attendant to the commercial exploitation of human sexuality, which do not vary greatly among the various communities within our country.

(1)

It is the finding of the mayor and council of the city that public nudity either partial or total under certain circumstances, particularly circumstances related to the sale and consumption of alcoholic beverages in establishments offering live nude entertainment or "adult entertainment," whether such alcoholic beverages are sold on the premises or not begets criminal behavior and tends to create undesirable community conditions. In the same manner, establishments offering cinematographic or videographic adult entertainment have the same deleterious effects on the community.

(2)

Among the acts of criminal behavior found to be associated with the commercial combination of live nudity and alcohol, live commercial nudity in general, and cinematographic or videographic adult entertainment are disorderly conduct, prostitution, public solicitation, public indecency, drug use and drug trafficking. Among the undesirable community conditions identified in other communities with the commercial combination of live nudity and alcohol, commercial nudity in general, and cinematographic or videographic adult entertainment, are depression of property values and acceleration of community blight in the surrounding neighborhoods, increased allocation of and expenditure for law enforcement personnel to preserve law and order, and increased burden on the judicial system as a consequence of the criminal behavior herein above described. The mayor and council of the city find it is reasonable to believe that some or all of these undesirable community conditions will occur in the city, as well.

(3)

Furthermore, it is the finding of the mayor and council of the city that other forms of adult entertainment including, but not limited to, adult book stores, adult novelty shops, adult video stores, peep shows, and adult theaters, have an adverse effect upon the quality of life in surrounding communities.

(4)

The mayor and council of the city find that the negative secondary effects of adult commercial establishments upon the city are similar whether the adult commercial establishment features live nude dancing or sells or rents video tapes depicting sexual activities. In addition, the county's experience with an adult bookstore located within the county has shown that a substantial amount of activity at the bookstore involves booths which an individual may enter, view videos depicting sexual activity, and sexually interact with a bookstore patron in an adjoining booth through a hole strategically placed in the wall of adjoining booths.

(5)

The city, therefore finds that it is in the best interests of the health, welfare, safety and morals of the community and the preservation of its businesses, neighborhoods, and of churches, schools, residential areas, public parks and children's daycare facilities to prevent or reduce the adverse impacts of adult commercial establishments. Therefore, the mayor and council of the city find that it is in the best interest of the city to prohibit adult commercial establishments within the city, particularly in light of the available locations for such businesses within the county. The mayor and council of the city find that these regulations promote the public welfare by furthering legitimate public and governmental interests, including but not limited to, reducing criminal activity and protecting against or eliminating undesirable community conditions and further find that such will not infringe upon the protected constitutional rights of freedom of speech or expression, which rights are expressly acknowledged herein. To that end, this Ordinance is hereby adopted.

(b)

Definitions.

(1)

Adult bookstore means any commercial establishment in which more than six square feet of floor space is used for the display or offer for sale of any book or publication, film, or other medium which depicts sexually explicit nudity or sexual conduct by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

(2)

Adult entertainment establishment shall be defined to include the following types of business:

a.

Any commercial establishment that employs or uses any person live, in any capacity in the sale or service of beverages or food while such person is unclothed or in such attire, costume or clothing, so as to expose any portion of his or her specified anatomical areas, as defined herein;

b.

Any commercial establishment which provides live entertainment where any person appears unclothed or in such attire, costume or clothing as to expose any portion of his or her specified anatomical areas as defined herein or where such performances are distinguished or characterized by an emphasis on specified sexual activities, as defined herein;

c.

Any commercial establishment which provides movies or videos for viewing in the establishment, which movies or videos depict specified anatomical areas or specified sexual activities;

d.

The definition of adult entertainment establishment shall not include traditional or live theater (mainstream theater) which means a theater, concert hall, museum, educational institution or similar establishment which regularly features live performances which are not distinguished or characterized by an emphasis on the depiction, display, or description or the featuring of specified anatomical areas or specified sexual activities and that the depiction, display, description or featuring is incidental to the primary purpose of any performance;

(3)

Adult video store means any establishment having a substantial or significant portion of its stock in trade, video tapes or movies or other reproductions, whether for sale or rent, which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or an establishment with a segment or section, comprising five percent of its total floor space, devoted to the sale or display of such material or which derives more than five percent of its net sales from videos which are characterized or distinguished by or relating to specified sexual activities or specified anatomical areas;

(4)

Specified sexual activities shall be defined to mean and include any of the following:

a.

Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral/anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, the use of excretory functions in the context of a sexual relationship, and any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

b.

Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; or

c.

Fondling or other erotic touching of nude human genitals, pubic region, buttocks or female breast; or;

d.

Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or;

e.

Erotic or lewd touching, fondling or other sexual contact with an animal by a human being;

(5)

Specified anatomical areas shall include the following:

a.

Less than completely and opaquely covered human genitals or pubic region, cleft of the buttocks, or; female breast below a point immediately above the top of the areola; or

b.

Human male genitalia in a discernibly turgid state, even if completely and opaquely covered.

(c)

Each adult establishment defined in this article, specifically adult commercial establishments, adult book stores, and adult video stores, shall be prohibited uses within all zoning classifications of the city.

(d)

Penalties for violations. Any person who violates any provisions of the sections in this chapter may upon conviction be punished by a fine of not less than $1,000.00 for each offense and/or 60 days in the jail. Each day a violation occurs shall be considered a separate and distinct violation.

(Ord. No. O-37-06e, § 39-404, 11-16-2006; Ord. No. O-86-08, 6-19-2008)

In zoning districts and on sites where permitted, communication towers for wireless facilities shall be subject to Chapter 77, Standards for Wireless Communication Facilities, as amended, in addition to this section. Freestanding communication towers shall be prohibited in all zoning districts in the city except M-1, Light Industrial, and C-1, Neighborhood Business.

(Ord. No. O-103-09, 6-18-2009)

All newly constructed conveyor car washes shall install a recycled water system which captures and reuses water used in the wash or rinse cycles. A minimum of 50 percent of the water utilized shall be recycled. Car wash facilities, including hand car washes, shall utilize floor drains connected to the sanitary sewer system for collection and proper disposal of all wastewater.

(Ord. No. O-19-225, § 1, 9-19-2019)