The residential districts established in this article are designed to promote and protect public health, safety and general welfare. These general goals include, among others, the following purposes:

(1)

To provide sufficient space in appropriate locations for residential development to meet the housing needs of the city's present and expected future population, with due allowance for the need for a choice of sites.

(2)

To protect residential areas against fire, explosions, toxic and noxious matter, radiation, and other hazards, and against offensive noise, vibration, smoke and other particulate matter, odorous matter, heat, humidity, glare and other objectionable influences.

(3)

To protect residential areas against heavy traffic and against through traffic of all kinds.

(4)

To protect residential areas against congestion by regulating the density of population and the bulk of buildings in relation to the land around them and to one another, and by providing for offstreet parking spaces, to require the provision of open space in residential areas wherever practicable, and to encourage the provision of additional open space by permitting moderately higher bulk and density with better standards of open space, in order to open up residential areas to light and air and provide open areas for rest and recreation.

(5)

To provide for access of light and air to windows and for privacy by controls over the spacing and height of buildings and other structures.

(6)

To provide appropriate space for those educational, religious, recreational, health and similar facilities which serve the needs of the nearby residents, which generally perform their own activities more effectively in a residential environment, and which do not create objectionable influences.

(Code 2004, § 39-801)

This district is designed to provide a suitable open character for single-family detached dwellings at low densities. This district also includes community facilities and open use which serve the residents of this district or are benefited by an open residential environment.

(Code 2004, § 39-802)

In residence district R-100, the following uses are permitted:

(1)

Single-family detached dwellings, except mobile homes and modular homes.

(2)

Customary accessory buildings and uses. See section 78-89.

(3)

Boathouses, docks and boat landings on lots adjoining Lake Berkeley proper, subject to the provisions of section 78-89(g).

(4)

Public outdoor recreation.

(5)

Religious institution.

a.

Located on a major or connecting street or a state highway on a site of not less than three acres.

b.

The buildings are located not less than 100 feet from any street or any side property lines.

c.

A buffer strip at least 25 feet wide is provided along the side and rear property lines but not extending into the required front yard, planted to meet the requirements of Chapter 42 - Natural Resources, Article VII - Buffers, Landscape and Trees, Division 2 - Buffer Regulations.

(6)

Public buildings and land uses.

a.

Such use shall be located on a major collector street or state highway on a site of not less than one acre.

b.

Buildings shall be located at least 50 feet from all property lines.

c.

Where abutting property that is zoned residential, a buffer at least 25 feet wide shall be provided. Buffers shall be planted to meet the requirements of Chapter 42 - Natural Resources, Article VII - Buffers, Landscape and Trees, Division 2 - Buffer Regulations.

d.

Such uses shall require city council approval.

(7)

Open air market, subject to city council approval.

a.

Such use must be located in conjunction with an existing religious institution.

b.

Such use shall be located on and have access from a major collector street or state highway on a site of not less than one acre.

c.

At least two off-street parking spaces per vendor booth shall be provided on site.

d.

Vendor booths shall be set back at least 50 feet from all property lines.

e.

A site plan, drawn to scale, shall be submitted indicating the location of vendor booths and off-street parking.

f.

The market shall not operate more than 120 hours a year.

g.

Operating hours, including set-up, break-down and clean-up, shall be limited to not more than five hours a day once a week and shall occur between the hours of 7:00 a.m. and 9:00 p.m.

h.

Such use shall follow Georgia Department of Agriculture guidelines, rules and regulations.

i.

Vendor booths shall be set up and taken down on the day that the market operates.

j.

The market manager/organizer shall obtain a city business license/occupation tax certificate prior to beginning market operation.

k.

Such use shall require a permit to be granted by city council. Requests for permits shall be made on applications available in the office of the city clerk. Permits shall expire on December 31 of the year in which they were issued.

(Ord. No. O-118-10, § 1, 10-21-2010; Ord. No. O-143-12, 4-26-2012)

Editor's note— Ord. No. O-118-10, § 1, adopted Oct. 21, 2010, repealed § 78-196 in its entirety and enacted new provisions to read as herein set out. Prior to amendment § 78-196 pertained to similar subject matter. See Code Comparative Table for derivation.

The following area, yard coverage, height and supplementary regulations apply to R-100 single-family residence use districts.

(Code 2004, § 39-805; Ord. No. O-30-05c, 11-17-2005; Ord. No. O-91-08, 12-18-2008; Ord. No. O-109-09, 11-19-2009)

All single-family residences shall contain not less than 2,000 square feet of floor space exclusive of unfinished basements, carports, attics and open porches/decks.

(Code 2004, § 39-805; Ord. No. O-30-05c, 11-17-2005; Ord. No. O-91-08, 12-18-2008)

Dwellings shall not be occupied by more occupants than supported by the structure and septic system, if any. Minimum requirements are as follows:

(1)

Bedroom space must be available for each occupant and may not be a kitchen, bathroom, toilet room, laundry, closet, hall, garage, storage, utility or similar area.

(2)

There must be no less than 70 square feet of bedroom floor area for each occupant. There must be one or more attached, permanent closets accessible from within each bedroom totaling not less than five square feet of floor area for each occupant thereof. Floor area to be considered must have a ceiling height of not less than seven feet.

(3)

There must be no less than one bathroom or toilet room for every four occupants.

(Code 2004, § 39-806)

All driveways on residential lots shall be paved with asphalt or concrete. All adjoining areas not paved shall be suitably grassed or landscaped, including all banks and slopes to a degree sufficient to effectively prevent erosion, or siltation and sedimentation in runoff waters. All banks and slopes are to be grassed or stabilized immediately upon completion of grading.

Driveways sloping towards any of these roads: Bayway Circle, South Berkeley Lake Rd, North Berkeley Lake Road, Lakeshore Drive, Ridge Road, Little Ridge Road, Hilltop Lane, Lakeview Lane and Valley View Lane shall control the discharge of storm water runoff into rights-of-way by either curving the driveway in such a manner that most of the runoff is directed onto grassed or landscaped areas, by providing structures such as humps in the driveway to divert the storm water runoff onto grassed or landscaped areas, or by equipping the driveway with a covered catch basin with a grate having an opening of no less than six inches. The grate should be traffic load rated and be removable for maintenance purposes. This will typically mean that it will be made from cast iron or steel.

(Ord. No. O-40-06, § 39-807, 12-21-2006; Ord. No. O-61-07, 1-17-2008)

Editor's note— Ord. No. O-40-06, adopted Dec. 21, 2006, repealed § 78-200 in its entirety. Section 39-807 of said ordinance enacted new provisions to read as herein set out. Prior to amendment, § 78-200 pertained to grassing and paving required and derived from the original Code 2004, § 39-807.

See chapter 70. Regulations governing mailboxes, driveways and encroachments can be found therein.

(Ord. No. O-63-07, 2-21-2008; Ord. No. O-94-08, 11-20-2008)

Editor's note— Ord. No. O-63-07, adopted Feb. 21, 2006, repealed § 78-201, in its entirety and enacted new provisions to read as herein set out. Prior to amendment, § 78-201 pertained to similar subject matter and derived from Code 2004, § 39-808.

(a)

This district is designed to provide a suitable area for residential-agricultural uses having a predominantly open character and not generally suitable for the subdivision of land for urban development.

(b)

The minimum area required for designation in the agricultural use district is 50 acres.

(c)

In residential-agricultural use districts designated RA-101, the following uses are permitted:

(1)

Agricultural use including forestry, commercial greenhouses and plant nurseries, sod farming and related landscape services. Within agricultural uses as defined herein, there shall be no commercial raising of livestock or poultry, or the operation of commercial kennels of any type.

(2)

Customary agricultural buildings including, but not limited to, barns, ponds, drainage systems and irrigation systems.

(3)

No retail sales to the general public.

(4)

Except as stated above, RA-101 shall otherwise include and be subject to all of the regulations of the R-100 zoning district, including those contained in section 78-197.

(Code 2004, § 39-809)

(a)

This zoning district is intended to provide a mixed residential area for both single-family and duplex use.

(b)

The minimum area required for designation in the RMD multifamily residence district is ten acres.

(c)

Within the RMD multifamily residence district, the following uses are permitted:

(1)

Residential structures designed for one- or two-family occupancy.

(2)

No more than one duplex may be constructed on each lot of record.

(3)

To partially offset the greater density of development, the minimum lot area and minimum floor space for duplexes is 50 percent larger than that required for single-family structures.

(4)

Short-term rentals subject to the following standards:

a.

Permit required. No person shall rent, lease, or otherwise exchange for compensation all or any portion of a dwelling unit as short-term rental, as defined in this Code, without first obtaining a permit from the city clerk and complying with the regulations contained in this section. No permit issued under this chapter may be transferred or assigned or used by any person other than the one to whom it is issued, or at any location other than the one for which it is issued.

b.

Application for permit. Applicants shall submit, on an annual basis, an application for a short-term rental permit to the city clerk. Such application shall include:

1.

The name, address, telephone [number], and email address of the owner(s) of record of the dwelling unit for which a permit is sought. Applications shall be limited to owner-occupiers receiving a current homestead exemption through Gwinnett County;

2.

The address of the dwelling unit to be used as a short-term rental;

3.

The name, address, telephone number, and email address of the short-term rental agent, which shall constitute his or her 24-hour contact information;

4.

The owner's sworn acknowledgement that he or she has received a copy of this section, has reviewed it and understands its requirements;

5.

The number and location of off-street parking spaces allotted to the premises;

6.

The owner's agreement to use his or her best efforts to assure that use of the premises by short-term rental occupants will not disrupt the neighborhood, and will not interfere with the rights of neighboring property owners to the quiet enjoyment of their properties;

7.

Any other information that this chapter requires the owner to provide to the city as part of an application for a short-term rental permit. The city clerk shall have the authority to obtain additional information from the applicant as necessary to achieve the objectives of this chapter;

8.

If the rental agent changes, the property owner shall notify the city within five business days; and

9.

Application fees shall be as established by the city council.

c.

All short-term rentals shall be subject to excise tax pursuant to chapter 34 of this Code.

d.

All short-term rentals shall be subject to the nuisance and noise regulations pursuant to chapter 26 of this Code.

e.

The city clerk shall conduct a reasonable search of the city's records to determine if the applicant property has been the subject of two or more citations for a violation of the city Code in the preceding calendar year. If the search reveals two or more citation, without regard to a finding of adjudication of guilt, the permit shall not be renewed.

f.

No property authorized by this subsection for short-term rentals may list the property for such use for more than 180 days per calendar year.

g.

There shall be only one short-term rental of the premises during any particular time period.

(5)

Except as stated above, RMD shall otherwise include and be subject to all of the regulations of the R-100 zoning district.

(Code 2004, § 39-810; Ord. No. O-106-09, 11-19-2009; Ord. No. O-22-245, § 1, 12-1-2022)

It is the intent of these regulations to ensure that a home occupation as an accessory use is so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence. These standards for home occupations are intended to ensure compatibility with other permitted uses and with the residential character of the neighborhood.

(Code 2004, § 39-811)

A home occupation may be an accessory use in any residential district subject to the following conditions:

(1)

A home occupation shall be clearly incidental and secondary to the use of the dwelling for residential purposes and shall not change the character thereof or adversely affect the uses permitted in the residential district of which it is a part.

(2)

Home occupations shall be conducted entirely within an existing dwelling unit and enclosed accessory structures. No alteration shall be made in either the internal or external structural form of the residential building or external appearance for purposes of home occupation. The removal of partitions or floors or parts thereof, shall be construed as such an alteration and is therefore prohibited.

(3)

No more than 25 percent, up to 600 square feet, of a residence and accessory structures may be used for home occupations.

(4)

There shall be no outside storage of any kind related to a home occupation.

(5)

No home occupation shall increase traffic or parking greater in volume or different in nature than would otherwise normally occur in the residential neighborhood in which it is located.

(6)

Customers or clients may not come to the premises.

(7)

Stables or kennels for the boarding or breeding of animals is prohibited. The salvage or repair of motor vehicles is also prohibited.

(8)

Only the residents or property owner may be employed at a residence as part of a home occupation.

(9)

No home occupation shall create sounds, noise, dust, vibration, smell, smoke, heat, humidity, glare, radiation, electrical interference, fire hazard or any other hazard, nuisance or unsightliness which is discernible beyond the property.

(10)

Delivery and/or pickup of products and materials related to home occupations shall occur no more than once per day and be limited to vehicles with six or less wheels.

(11)

With the exception of one delivery/pickup per day, as specified in subsection (10) of this section, no more than one commercial vehicle shall be allowed on the premises at any one time.

(12)

Exterior signage of every type is not permitted.

(13)

Waste products and volume shall not exceed that normally associated with single-family dwellings, including, without limitation, paper products, radioactive materials, solid wood or wood products, food, plastic or metals and must not, in any event, result in the home producing an overall volume of waste which exceeds the average volume of waste for other homes within the district by ten percent.

(Code 2004, § 39-811.1)

The following special exceptions to activity otherwise restricted by section 78-205 shall be permitted:

(1)

Nonresidential uses as permitted in section 78-194(6) are exempt from the provisions of section 78-204.

(2)

Occasional garage/lawn/yard, art, or craft sales are permitted up to twice per year, for up to two days each.

(3)

Delivery of services (such as architect, attorney, clergy, engineer, tax consultant, etc.) are permitted subject to the following:

a.

No more than one client vehicle at any time; offstreet parking must be available and utilized;

b.

Only occasional and incidental client visits are permitted;

c.

Clients are permitted between the hours of 9:00 a.m. and 6:00 p.m.; and

d.

All other requirements of section 78-205 must be met.

(4)

The following uses are permitted for adult and child educational purposes in recognition of the benefits educational home occupations provide to the community at large.

a.

Instruction in music, dance, arts and crafts, or tutoring services within an enclosed building, but limited to two pupils at one time, is permitted subject to the following:

i.

Clients are permitted between the hours of 7:00 a.m. and 9:00 p.m.

ii.

Off-street parking must be provided and utilized.

iii.

All other requirements of 78-205 must be met, except subparagraphs (5) and (6).

(Code 2004, § 39-811.2; Ord. No. O-62-07, 12-20-2007)

Operation of a noncompliant home occupation shall be subject to a maximum fine of $1,000.00 plus an additional fine of $100.00 per day for each day of further operation after the initial citation.

(Ord. No. 0-85-08, 6-19-2008)

Editor's note— Ord. No. 0-85-08, adopted Jun. 19, 2008, repealed § 78-207, in its entirety and enacted new provisions to read as herein set out. Prior to amendment, § 78-207 pertained to similar subject matter and derived from Code 2004, § 39-811.3.