Title 2 of this Unified Development Ordinance (UDO) is enacted for the purposes of promoting health, safety, order, prosperity, aesthetics, and the general welfare of the present and future residents of the City of Chamblee; protecting the environmental integrity of the City, encouraging an aesthetically attractive environment, both built and natural, and to provide for regulations that protect and enhance these aesthetic considerations; encouraging economic development activities that provide desirable employment and enlarge the tax base; protecting the public welfare by protecting approach slopes and other safety areas of licensed airports; of improving the City's appearance; furthering traffic safety; protecting property against blight and depreciation; encouraging the most appropriate use of land, buildings and other structures throughout the city; facilitating the adequate provision of transportation, water, sewerage, flood-protection, schools, parks and other public requirements; providing for protection of the constitutional rights and obligations of all citizens within the City; and for other purposes, all in accordance with a well-considered comprehensive plan for the development of the City.

(Ord. No. 743, 12-19-17)

Title 2 of this UDO is enacted pursuant to the authority conferred by Article 9, Section II, Paragraph IV of the Constitution of the State of Georgia, 1983, the Charter of the City, "The Zoning Procedures Law" and other federal, state and local laws.

The regulations set by this Title 2 shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.

(Ord. No. 743, 12-19-17)

(a)

Official Zoning Map.

(1)

The City is hereby divided into zoning districts, as shown on the official Zoning Map, which, together with all explanatory matter thereon, is hereby adopted by reference and declared a part of this zoning ordinance.

(2)

The Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Clerk, and bearing the seal of the city under the following words: "This is to certify that this is the Official Zoning Map referred to in the Chamblee Zoning Ordinance" together with the date of adoption of this UDO. The official Zoning Map (together with all notations, references, data and other information shown on the map) is adopted and incorporated into this zoning ordinance. It is as much a part of this zoning ordinance as if actually depicted within its pages.

(3)

The location and boundaries of the zoning districts established by this zoning map are depicted on and maintained as part of the City's geographic information system (GIS), under the direction of the City Manager. The latest adopted version of the official Zoning Map shall be available for inspection in the offices of the City of Chamblee Planning and Development Department during regular business hours of the City.

(b)

Maintenance and updates. The Planning and Development Director is responsible for directing revisions to the official Zoning Map to reflect its amendment following the effective date of the Zoning Map amendments. No unauthorized person may alter or modify the official Zoning Map. The Planning and Development Director may authorize printed copies of the official Zoning Map to be produced and must maintain digital or printed copies of superseded versions of the official Zoning Map for historical reference.

(c)

Replacement of official Zoning Map.

(1)

In the event that the official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the Mayor and City Council may by zoning ordinance adopt a new official Zoning Map which shall supersede the prior official Zoning Map, and shall be identified by the signature of the Mayor attested by the City Clerk and bearing the seal of the City under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted the date of March 21, 2006 as part of the Chamblee Zoning Ordinance." The new official Zoning Map may correct drafting or other errors or omissions in the prior official Zoning Map, but no such correction shall have the effect of amending the original official Zoning Map.

(2)

Unless the previous official Zoning Map has been lost, or has been destroyed, the previous map or any significant remaining parts thereof, shall be preserved, together with all available records pertaining to its adoption or amendment.

(d)

Annexation. Any land subsequently annexed to the City shall be annexed in accordance with the procedures adopted by Mayor and City Council that are based upon state law and are part of the City Code. Such land shall, immediately upon annexation, be classified into a zoning category compatible with adjacent zoning and land uses, and sound planning principles in accordance with the procedures in Subsection 280-16(e) and applicable state law.

(Ord. No. 743, 12-19-17; Ord. No. 757, 12-18-18)

For the purposes of this zoning ordinance, the City is divided into zoning districts designated as follows:

NR-1, Neighborhood Residential 1 District.

NR-2, Neighborhood Residential 2 District.

NR-3, Neighborhood Infill District.

VR, Village Residential District.

NC-1, Neighborhood Commercial 1 District.

NC-2, Neighborhood Commercial 2 District.

CC, Corridor Commercial District.

CVC, Corridor Village Commercial District.

VC, Village Commercial District.

PUD, Planned Unit Development District.

TOD, Transit Oriented Development District.

MU-BC, Mixed-use Business Center District.

IT, Industrial Transitional District.

I, Light Industrial District.

A, Airport District.

(Ord. No. 743, 12-19-17; Ord. No. 757, 12-18-18)

(a)

The Planning and Development Director is the final authority in determining the current zoning status of land, buildings and structures in the city.

(b)

Where uncertainty exists with respect to the location of any zoning district boundaries as shown on the official Zoning Maps, the following rules apply:

(1)

Where possible, a rezoning file shall be used for delineating zoning boundaries. Such records shall have precedence over information otherwise contained on maps.

(2)

Where a zoning district boundary line is shown as approximately following a corporate limits line, a land lot line, a lot line or the centerline of a street, a county road, a state highway, an interstate highway, or a railroad right-of-way or such lines extended, then such lines shall be construed to be the zoning district boundary lines.

(3)

Where a zoning district boundary line divides a lot, each portion shall be governed by the zoning district that each portion is classified.

(4)

Where areas appear to be unclassified on the Zoning Maps, and classification cannot be established by the above rules and there is no other evidence of its existing or past classification, such areas must be considered to be classified NR-1 until action is taken by the Mayor and City Council to amend the Zoning Maps.

(c)

Where uncertainties continue to exist or further interpretation is required beyond that presented in the above subsections, the question shall be presented to the Mayor and City Council to enact a clarifying ordinance and Mayor and City Council's action shall be recorded on the Zoning Maps.

(Ord. No. 743, 12-19-17; Ord. No. 757, 12-18-18)

The City of Chamblee Comprehensive Plan, consisting of the Future Development Map and related policies, is hereby established as the official policy of the City concerning future land uses and shall serve as a guide regarding the appropriate manner in which property shall be zoned in the city. The most recent version of the Comprehensive Plan, as adopted by the Mayor and City Council, shall identify zoning districts that are appropriate within each of the City's character areas as delineated on the Future Development Map. No rezoning of property in the city shall be done in a manner inconsistent with the Future Development Map and related policies of the Comprehensive Plan.

(Ord. No. 743, 12-19-17)

(a)

When a condition of approval is more restrictive than the UDO, the condition of approval shall prevail. When a requirement of the UDO is more restrictive than a previously established condition of approval, the requirements of the UDO shall prevail.

(b)

Nothing herein shall repeal the conditions of use, operation, or site development accompanying zoning approval(s), variances or permits issued under previous ordinances or resolutions. All variances, exceptions, modifications and waivers heretofore granted by the Planning and Development Director, City Manager, or City Council shall remain in full force and effect, and all terms, conditions and obligations heretofore imposed by the City Council shall remain in effect, unless modification or repeal of such past conditions of approval is accomplished as authorized and provided by the UDO.

(Ord. No. 743, 12-19-17; Ord. No. 757, 12-18-18)

Upon request, the Planning and Development Director shall have authority to issue written zoning verifications stating the existing zoning of a particular parcel or property. Requests to the Planning and Development Director shall be in writing, accurately identify the subject property, and be accompanied by a fee established by the Mayor and City Council.

(Ord. No. 743, 12-19-17; Ord. No. 757, 12-18-18)

This chapter sets forth the overall purpose and intent of each of the base zoning districts in the City of Chamblee's Unified Development Ordinance (UDO). See additional standards pertinent to each property as in Titles 2 and 3.

(Ord. No. 743, 12-19-17)

Purpose and intent. This zoning district is intended primarily for single-family residences and related accessory uses.

(Ord. No. 743, 12-19-17; Ord. No. 757, 12-18-18)

Purpose and intent. This zoning district is intended primarily for single-family residences and related accessory uses at a higher density than NR-1.

(Ord. No. 743, 12-19-17; Ord. No. 757, 12-18-18)

Purpose and intent. This zoning district is intended to provide standards for a specific infill development plan that would apply to an existing lot or series of contiguous lots within or adjacent to an existing neighborhood that would allow innovative use of the property.

(Ord. No. 743, 12-19-17; Ord. No. 757, 12-18-18)

Purpose and intent. This zoning district is intended primarily for single-family attached and detached residences, two-family residences, and multifamily residences with related accessory uses, supportive nonresidential uses, open space, and amenities.

(Ord. No. 743, 12-19-17; Ord. No. 757, 12-18-18)

Purpose and intent. This zoning district is intended primarily for a mixture of residential and nonresidential development and related accessory uses at a low density and neighborhood scale. This district provides a location for residences and convenient goods and services directly adjacent to single-family neighborhoods that will satisfy the common and frequent needs of the residents of nearby residential neighborhoods. Design standards and design parameters encourage a pedestrian-friendly traditional urban form, oriented to pedestrians, which limits the conflicts between vehicles and pedestrians.

(Ord. No. 743, 12-19-17; Ord. No. 757, 12-18-18; Ord. No. 784, 8-18-20)

Purpose and intent. This zoning district is intended primarily for mixed-use development and related uses at a medium density. This district provides a location for residences and convenient goods and services not directly adjacent to single-family neighborhoods that will satisfy the common and frequent needs of the residents of nearby residential neighborhoods. Design standards and design parameters encourage a pedestrian-friendly traditional urban form, oriented to pedestrians, which limits the conflicts between vehicles and pedestrians.

(Ord. No. 743, 12-19-17; Ord. No. 757, 12-18-18)

Purpose and intent. This zoning district is intended primarily for commercial and mixed-use development and related accessory uses at a medium density. This district provides a location for residences, retail, goods and services and offices to satisfy the common and frequent needs of the city's businesses and residents. Design standards and design parameters encourage a pedestrian-friendly traditional urban form, oriented to pedestrians, which limits the conflicts between vehicles and pedestrians.

(Ord. No. 743, 12-19-17; Ord. No. 757, 12-18-18)

Purpose and intent. This zoning district is intended primarily for nonresidential development and related accessory uses at a medium density where auto-dominated uses are not appropriate. This district provides a location for nonresidential uses in corridors of the city that serve the needs of the city's businesses and residents. Design encourages a pedestrian-friendly traditional urban form, oriented to pedestrian, which limits the conflicts between vehicles and pedestrians.

(Ord. No. 743, 12-19-17; Ord. No. 757, 12-18-18)

Purpose and intent. This zoning district is intended primarily for mixed-use development and related uses at a higher density. This district provides a location for residences, retail, goods, services and offices to satisfy the common and frequent needs of the city's commercial core and greater Chamblee area. Design standards and design parameters encourage a pedestrian-friendly traditional urban form, oriented to pedestrians, which limits the conflicts between vehicles and pedestrians.

(Ord. No. 743, 12-19-17; Ord. No. 757, 12-18-18)

Purpose and intent. This zoning district is intended to support mixed-use development and higher density development within walking distance of the Chamblee MARTA Station. This district provides a location for residences, retail, goods and services and offices with design standards and design parameters to encourage a pedestrian-friendly traditional urban form, oriented to a network of pedestrian and bicycle pathways to the MARTA Station. This district is intended to minimize automobile use and maximize the use of public transportation, bicycle and pedestrian access.

(Ord. No. 743, 12-19-17; Ord. No. 757, 12-18-18)

Purpose and intent. The purpose and intent of this zoning district is to facilitate a high-rise urban form of development with a mix of uses, open space, and a connected street and sidewalk system to support a more active multi-modal and walkable environment at all times of the day. This district also encourages adaptive reuse and redevelopment of existing mid-rise and high-rise development that was originally designed in a suburban form.

The district shall consist of a minimum of two of the following use categories, which shall be accommodated in each building in a vertical mixed-use development configuration:

(1)

Residential multifamily;

(2)

Offices;

(3)

Educational uses;

(4)

Retail/Restaurant;

(5)

Hotel; or

(6)

Civic uses.

(Ord. No. 743, 12-19-17; Ord. No. 757, 12-18-18)

Purpose and intent. This zoning district is intended for adaptive reuse of properties in which low impact industrial and commercial activities are permitted and where a transitional use is needed between commercial and light industrial uses and less intense residential or commercial districts while maintaining an attractive external environment.

(Ord. No. 743, 12-19-17; Ord. No. 757, 12-18-18)

Purpose and intent. This zoning district is intended for properties that are located on or have ready access to a major street or state highway and are well adapted to light industrial development but whose proximity to residential or commercial districts makes it desirable to limit industrial operation and processes to those that are not objectionable in terms of the emission of noise, vibration, smoke, dust, gas, fumes, odors and do not create fire or explosion hazards, or other obnoxious conditions.

(Ord. No. 743, 12-19-17; Ord. No. 757, 12-18-18)

(a)

This Chapter establishes standards that apply to the development, use, or alteration of land, buildings and structures within the boundaries of a special zoning district.

(b)

The zoning district regulations of this chapter contain additional standards and procedures that are supplemental to all other regulations and requirements of this Unified Development Ordinance (UDO). Should the requirements of these special district standards and procedures conflict with standards of other requirements of the UDO, the requirements of the special district shall apply.

(1)

The provisions of this section shall apply to all parcels of land and rights-of-way within the boundaries of the special zoning districts.

(2)

The provisions of the special districts shall apply to all applications for land disturbance permits, plan review, plat approval, sign permits, and building permits for all property within the respective special zoning district boundaries, unless expressly exempted.

(3)

All special zoning districts identified as "overlays" shall also require conformance with the approved underlying zoning district regulations.

(Ord. No. 743, 12-19-17)

(a)

Purpose and intent. An ordinance regulating the use and design of property at and in the vicinity of DeKalb-Peachtree Airport (PDK). The purposes of this runway protection zone (RPZ) overlay are to:

(1)

Prevent the establishment and/or expansion of uses, structures, or vegetation, which constitute hazards or obstructions to, or be vulnerable to impact from aircraft operating to, from or near an airport; and to

(2)

Allow for appropriate uses surrounding the airport that further the City's economic development.

(b)

Overlay District Boundaries. A detailed runway protection zone boundary indicating the location of zones is maintained on the Zoning Map.

(c)

Restrictions and requirements.

(1)

The following generalized land uses are defined as incompatible within the RPZ and are therefore prohibited:

a.

Residential development;

b.

Any use that would attract and congregate people including but not limited to, retail commercial development, industrial development, institutions, and places of worship;

c.

Water uses such as lakes, ponds, and landfills that significantly increase the potential for interference of airborne fowl with landing and departing aircraft;

d.

Construction activities and land uses, which would produce smoke and/or dust in such a manner so as to impair visibility of pilots using the airport;

e.

High intensity exterior lighting, including, but not limited to, lighting for signage, private drives, parking lots and security, which is located in such a manner as to impair the visibility of pilots using the airport is prohibited unless such lighting is properly shielded;

f.

Land uses which create electrical interference with navigational signals or radio communication between the airport and aircraft.

(2)

Height limit: Ten feet below the approach-departure clearance surface, with a maximum height of 35 feet.

(d)

Modification or expansion of existing uses, structures, or vegetation.

(1)

Before any existing use, structure, or vegetation may be replaced, substantially altered, rebuilt, allowed to grow higher than permitted height (vegetation), or replanted within the RPZ, a permit must be secured. No such permit shall be granted that would:

a.

Allow establishment or creation of a flight hazard or use not authorized by this Section 220-1;

b.

Permit a nonconforming use, structure, or vegetation to become higher; or

c.

Become a greater hazard to air navigation or become less compatible in use than it was on the effective date of this Section, or than it is when the application for a permit is made.

(2)

The Planning and Development Director will determine which projects require submittal to the FAA's notice criteria tool based on the scope of the project as it relates to 14 CFR Part 77.9. Before any permit is issued as required by this Subsection, the applicant shall file with the Federal Aviation Administration FAA Form 7460-1 and provide to the City a copy of all responses received from the Federal Aviation Administration by the applicant as a result of filing Form 7460-1.

(Ord. No. 743, 12-19-17; Ord. No. 757, 12-18-18)

(a)

Purpose and intent. This zoning district is intended for properties that are located on land used for an airport and are well adapted to commercial and light industrial development associated with the operation of an airport.

(b)

Exemptions. Properties within the Airport district, as defined on the zoning map, shall be exempt from Title 2, unless identified herein. The entirety of Title 1 and Title 3 apply to the Airport District.

(c)

Permitted Uses. In the Airport district the following uses are permitted:

(1)

Aviation facilities, including passenger terminals, air cargo facilities, hangars, aircraft refueling, parking facilities, and other uses integral to airport operations.

(2)

Commercial or industrial uses that are related to aviation and require direct access to an airport facility or aviation services, including assembly or sale of aircraft, air frames, aircraft engines, aircraft parts or associated components, radios or navigational equipment, and similar products or services.

(3)

Service establishments such as auto rental and travel agencies, hotels, commercial parking lots and garages, automobile service stations, day care facilities, car washes, banks, gift shops, newsstands, bookstores, restaurants, medical offices, postal facilities, laundry services, and similar facilities available to airport users and airport employees.

(4)

Public and institutional uses that support the aviation industry such as aviation technical schools, security services, and inspection facilities.

(5)

Warehousing and storage facilities that support the aviation industry.

(6)

Public transportation and freight railroad facilities.

(d)

Dimensional Standards. The following space dimensions table states the dimensions for each lot in the Airport district:

¹

Unless adjacent to single-family residential, in which case, a 50-foot side or rear setback shall be enforced.

(e)

Streetscape Requirements. All development adjacent to a public right-of-way shall comply with the minimum zone requirements as outlined in Section 230-26. Adjustments to required plantings to accommodate FAA requirements are permitted as approved by the Planning and Development Director. The Airport district is exempt from the supplemental zone requirements of Section 230-27.

(f)

Minimum space between buildings. The minimum distance between buildings shall be 10 feet measured at the closest points between the two structures, excluding building projections such as cornices, eaves, steps, handrails, gutters and downspouts, except where a greater distance is required by the Building Code.

(g)

Retaining Walls and Fences. Any fence or retaining wall visible from an exterior street right-of-way or adjacent property must comply with the fence and retaining wall requirements in Section 230-6.

(h)

Building Materials. Any building within 300 feet of a public right-of-way or adjacent property outside of the airport district shall comply with the building material requirements of Section 230-27. In the Airport District, the appearance of the materials in this section is acceptable.

(i)

Off-street Parking and Loading. There shall be no minimum or maximum parking or loading requirements in the airport district.

(j)

Signs. Any signs visible from an adjoining right-of-way shall conform to Chapter 260, with the following exceptions/modifications:

(1)

Project Entrance Signs. Where an internal street or driveway intersects with an adjacent public street a major entrance sign is permitted in addition to other permitted signs. Major entrance signs shall not exceed 15 feet in height or 150 square feet. Such sign shall be setback at least 10 feet from the property line. Each major entrance sign shall display the street number of the property.

(2)

Monument Signs. Each building, not including hangars, shall be permitted to have one monument sign not to exceed 6 feet in height or 50 square feet in size.

(3)

FAA Required Signs. All FAA required signage is exempt from these requirements, even if visible from an adjoining right-of-way.

(k)

Outdoor Storage. The following additional regulations shall apply to the airport district:

(1)

Outdoor storage yards shall meet the following requirements:

a.

Shall not be visible from a public street or adjoining property;

b.

Shall be set back at least 50 feet from any property lines and shall be screened by a solid, opaque fence at least six feet high set back a similar distance from any side or rear property lines, appropriately landscaped and maintained.

(l)

Variances. The Mayor and Council may consider variances to the provisions of this section subject to the provisions of Chapter 280 of this UDO.

(Ord. No. 743, 12-19-17; Ord. No. 757, 12-18-18; Ord. No. 776, 12-17-19)

(a)

Purpose and intent. The PUD district is intended to permit the planning and development of parcels of land that are suitable in location and character for the uses proposed as unified and integrated developments in accordance with detailed development plans. These plans may supersede the regulations included in Title 2 and Title 3 where indicated by these development plans. The PUD district is intended to provide a means of accomplishing the following specific objectives:

(1)

To provide for development concepts not otherwise allowed within non-PUD zoning districts;

(2)

To provide flexibility, unity, and diversity in land planning and development, resulting in convenient and harmonious groupings of uses, structures and common facilities;

(3)

To accommodate varied design and layout of housing and other buildings;

(4)

To allow appropriate relationships of open spaces to intended uses and structures;

(5)

To encourage innovations in quality residential, commercial, and industrial development and renewal so that the growing demands of the population may be met by greater variety in type, design, and layout of buildings and by the conservation and more efficient use of open space;

(6)

To lessen the burden of traffic on streets and highways; and

(7)

To provide a procedure that can relate the type, design, and layout of residential, commercial, and industrial development to the particular site, thereby encouraging preservation of the site's natural characteristics.

(b)

Minimum Standards.

(1)

No PUD district may be established without the concurrent approval of Overall Development Standards (ODS) and an Overall Development Plan (ODP) by the Mayor and City Council, in accordance with subsection 220-3(c).

(2)

PUD districts shall have a minimum contiguous area of one acre.

(3)

PUDs districts shall provide a mix of a minimum of two of the following use categories:

a.

Residential multifamily units;

b.

Commercial offices;

c.

Retail;

d.

Hotel; or

e.

Civic uses.

(4)

Reserved.

(5)

The boundaries of each PUD, upon approval, must be shown on the Zoning Map, shall be in conformance with the adopted Comprehensive Plan, and the approved Overall Development Plan.

(6)

Any development standards not expressly defined by the ODP shall be regulated by Titles 2 and 3.

(c)

Application of Regulations.

(1)

Overall Development Standards (ODS). Development of the PUD is governed by the ODS that designates the standards of zoning and development for the property. These standards will replace the development standards in Title 2 and 3 of the UDO and should include, at a minimum, the following:

a.

Permitted and prohibited uses;

b.

Maximum FAR;

c.

Maximum impervious surface;

d.

Minimum open space;

e.

Minimum and Maximum building height;

f.

Minimum lot size;

g.

Required Yard setbacks;

h.

Maximum block length;

i.

Parking requirements; and

j.

Building massing.

(2)

Overall Development Plan (ODP) - Development of the PUD is also governed by the ODP which includes a series of plans and design related documents regulating the development of the property. At a minimum, the ODP shall include the following:

a.

Analysis of Existing Conditions. An analysis of existing site conditions including a boundary survey and topographic map of the site at a minimum 1 inch = 40 feet scale shall include information on all existing manmade and natural features, utilities, all streams and easements, and features to be retained, moved or altered. The existing shape and dimensions of the existing lot to be built upon including the size, measurement and location of any existing buildings or structures on the lot shall be included.

b.

Overall Master Plan. A masterplan at a minimum 1 inch = 40 feet scale outlining all proposed regulations and calculations which shall include, but not be limited to, information on all proposed improvements including proposed building footprints, doors, densities, parking ratios, open space, height, sidewalks, yards, under and over-head utilities, internal circulation and parking, landscaping, grading, lighting, drainage, amenities, and similar details including their respective measurements.

c.

Phasing Plan. Should a PUD be expected to require five years or longer to complete, a phasing plan shall be provided by the applicant that indicates the timeframe for construction and development of different aspects of the PUD.

d.

Regulating Plan. A regulating plan shall be provided with street types and open space for all property within the PUD boundary. The regulating plan shall be keyed to a set of standards developed based on location. This plan should consider how all modes of transportation will be accommodated including pedestrians, bicycles, cars, transit, rideshare, etc. Detailed cross sections shall also be included in this plan or as an attachment to this plan.

e.

Streetscape and Hardscape Manual. A streetscape and hardscape manual shall be created that includes specifications for the following: sidewalk clear zones, landscape zones, supplemental zones including details regarding lighting fixtures, on-street parking, street furniture, landscape materials and other amenities. A streetscape map shall accompany this manual that identifies appropriate streetscape and hardscape designs for all streets, plazas, open space, locations for public art etc. within the plan.

f.

Architectural Pattern Book. An Architectural Pattern Book demonstrating approved building materials, features, exterior finishes, windows, doors, colors, and other items affecting exterior appearance, such as signs, mechanical systems, fencing, etc. The pattern book shall include renderings of proposed buildings.

(3)

To the extent that the approved ODS and ODP for a PUD contradict the development regulations and this UDO, the approved ODS and ODP for the PUD district governs.

(4)

Due to the mixed-use nature of PUD proposals, design must be determined based upon the context and guidance of the comprehensive plan and specific character area plan area in which the PUD is located, as applicable.

(5)

Applications shall include any additional information deemed necessary by the Planning and Development Department to determine compliance with ordinance standards.

(Ord. No. 743, 12-19-17; Ord. No. 757, 12-18-18; Ord. No. 776, 12-17-19)

(a)

Purpose and intent. The purpose and intent of this section to provide for the establishment of Neighborhood Preservation Overlay districts by petition for the following reasons:

(1)

To allow for the implementation of policies and objectives of the City's Comprehensive Plan and the zoning ordinance; and

(2)

To avail neighborhoods of an opportunity to ensure that new and remodeled single-family dwellings and related accessory uses and structures are compatible with the height, size and forestation of existing dwellings and lots; and

(3)

To encourage property owners to improve and renovate existing housing stock rather than demolish the same; and

(4)

To establish and maintain a balance between preserving the character of mature neighborhoods while accommodating compatible new residential development; and

(5)

To allow neighborhoods an opportunity to establish architectural standards that will preserve the character of their existing neighborhoods.

(b)

Scope of regulations. This division establishes standards and procedures that apply to demolition, new construction, and residential development in whole or in part within any area of the City that is designated a Neighborhood Preservation Overlay district.

(c)

Neighborhood Preservation Overlay districts.

(1)

The boundaries of any Neighborhood Preservation Overlay district shall be established by a zoning map amendment adopted pursuant to chapter procedures of Chapter 280 of this UDO.

(2)

The City Council shall not approve any Neighborhood Preservation Overlay district that does not include a contiguous arrangement of at least 20 lots of record and a rational, defined boundary consistent with historic patterns of neighborhoods, subdivisions and similarly constructed development.

(d)

Applicability of regulations. This section applies to each application for a permit for redevelopment or new construction following the demolition or major alteration of an existing single-family home in established neighborhoods within a duly established Neighborhood Preservation Overlay district.

(e)

Principal uses and principal structures. The principal uses of land and structures that are allowed in any Neighborhood Preservation Overlay district shall be as provided in the applicable underlying zoning district, subject to the limitations and standards contained within this section.

(f)

Accessory uses and accessory structures. The accessory uses of land and structures that are allowed in the Neighborhood Preservation overlay district shall be as provided in the applicable underlying zoning district, are subject to the limitations and standards contained within this title.

(g)

Petition process, boundaries, staff analysis, and approval criteria.

(1)

The City shall require the filing of a petition and completed application for any Neighborhood Preservation Overlay district on forms promulgated by the Planning and Development Director.

(2)

Any person(s) interested in pursuing the approval of a Neighborhood Preservation Overlay district shall develop a petition and submit an application form to the Planning and Development Department. The petition will allow for persons to sign in favor of the approval of a Neighborhood Preservation Overlay district. All signatories to the petition must be real property owners residing within the proposed Neighborhood Preservation Overlay district. The Planning and Development Director shall not allow the petition process for the adoption of a Neighborhood Preservation Overlay district ordinance to be reviewed and investigated by City staff until 40 percent of the property owners in the proposed Neighborhood Preservation Overlay district have signed a petition in favor of the imposition of the Neighborhood Preservation Overlay district designation as described in this title. Once the 40 percent threshold has been achieved, the Planning and Development Director shall notify all property owners within the proposed district and within 250 feet of the boundary of subject district of a public meeting in City offices.

(3)

Application forms must be accompanied by a boundary map and complete list of owners of each property located in the Overlay district with their street address or tax parcel identification number(s). All applications must be accompanied by a letter of intent describing the need and purpose for proposed Neighborhood Preservation Overlay district and how the particular properties qualify for a Neighborhood Preservation Overlay district designation. This letter of intent shall include an analysis of all of the following criteria that shall guide the City Council in deciding if specific property should be classified as a Neighborhood Preservation Overlay district:

a.

Whether the built environment of a neighborhood and its location, size or age, is one in which it is desirable to ensure that new and remodeled single-family dwellings and related accessory uses and structures are compatible with the height, size and level of forestation of the existing dwellings and lots; and

b.

How the proposed boundary was established, including factors established in this section; and

c.

Whether there is specific evidence that recent and proposed development patterns in the surrounding area pose a potential threat to the character of a mature neighborhood; and

d.

Whether the type of additional standards proposed in the Neighborhood Preservation Overlay will accommodate renewal of the neighborhood while maintaining compatibility of new residential development and improvements to existing homes.

(4)

All applications and petitions for a Neighborhood Preservation Overlay district shall become final upon presentation at a public hearing before the City Council pursuant to Chapter 280 of this UDO, at which time the petition shall include a minimum of 75 percent of the property owners in support of the Overlay district.

(5)

The Planning and Development Director shall conduct a site inspection on all complete applications for a Neighborhood Preservation Overlay district and shall investigate and prepare an analysis of such application in substantial compliance with this Section and shall include a written analysis of whether the properties at issue satisfy the criteria identified in this section. The Planning and Development Department shall present its findings and recommendations in written form to the City Council. Copies of the written findings shall be posted on the City website and otherwise supplied to the public on request.

(6)

If the City Council approves the creation of a specific Neighborhood Preservation Overlay district, the newly created district shall be governed by the regulations in this Section, all other provisions of the UDO, and any other applicable stipulations accompanying the approval of the overlay district by the Mayor and City Council.

(7)

Notice of hearing. Notice of the public hearing for any petition for a Neighborhood Preservation Overlay district before the City Council shall comply with the code requirements for notice for a zoning decision by a party other than the City as set forth in Section 280 of this UDO.

(h)

Prior to approval of a building permit for new construction or remodeling within a Neighborhood Preservation Overlay district established by the Mayor and City Council, the Architectural Design Review Board shall review and comment on plans and elevations submitted for such construction in accordance with procedures in Chapter 280.

(i)

Standards for compatibility of design. A Neighborhood Preservation Overlay district may impose one or more of the following standards subject to the concurrence of 100 percent of the petitioners in Subsection 220-4(g)(4):

(1)

Height. No new construction or addition shall exceed the height standards established in Chapter 230-1.

(2)

Building materials. The new or remodeled house shall be constructed with compatible building materials so that the building materials used on the façade of the proposed house are of the same type and similar colors as the majority of materials used on the facades of houses abutting the subject property.

(3)

Square footage. The heated floor area of the proposed new or remodeled house shall not be less than the heated floor area of the existing house and shall not exceed 150 percent of the heated floor area of the existing house. If there was no previous house on the subject property, then the minimum floor area of the proposed house may not exceed 125 percent of the average of the houses on properties abutting the subject property.

(4)

Setback. The new or remodeled house shall maintain a setback that is no less than the average setback of the 4 closest existing houses on the same block face or side of the same street, not including vacant lots.

(5)

Roof forms. The new or remodeled house shall use only those roof forms (hip, gable, flat, mansard, gambrel, etc.) that are used on the majority of the houses on properties abutting the subject property.

(6)

Threshold elevation. The front door threshold of the newly constructed or remodeled house shall be at an elevation that is no more than 12 inches higher or lower than the elevation of the front door threshold of the house prior to the proposed construction or remodeling.

(7)

Other design features approved by vote of the Mayor and Council in the adoption of the Neighborhood Preservation Overlay district or in subsequent action by the Mayor and City Council that shall be through the procedures of Subsection 220-4(g).

(j)

Variances. The Mayor and Council may consider variances to the provisions of Subsection 220-4(i) subject to the provisions of Chapter 280 of this UDO.

(k)

Removal of overlay. The procedures to repeal or amend the restrictions, terms or boundaries of a Neighborhood Preservation Overlay district are the same as those set forth in Subsection 220-4(g).

(Ord. No. 743, 12-19-17; Ord. No. 757, 12-18-18)

(a)

Scope of regulations.

(1)

The existing Zoning Map and underlying zoning regulations governing all properties within the Rail Trail Overlay district shall remain in full force and effect. The regulations contained within this chapter shall be overlaid upon, and shall be imposed in addition to, said existing zoning regulations. Except where it is otherwise explicitly provided, whenever the following overlay regulations are at variance with said existing underlying zoning regulations, the regulations of this section shall apply.

(b)

Purpose and intent. By establishing the Rail Trail Overlay district, the City intends to institute a regulatory approach that anticipates, manages, and encourages quality development along the Rail Trail. Therefore, policies to promote these objectives within the Rail Trail Overlay district will serve to:

(1)

Implement recommendations contained in the Peachtree Road Streetscape and Rail Trail Concept Plan, LCI studies, Comprehensive Plan, and Rail Trail Phase 2 Extension Concept Plan;

(2)

Promote and maximize opportunities for safe and accessible green spaces, plazas, and public art.

(3)

Preserve opportunities for connecting trails reaching beyond the Rail Trail to create a broad network of trails throughout the City and region;

(4)

Encourage a grid of smaller blocks and connected streets to improve access to the Rail Trail, reduce congestion, and further the urban character of the area;

(5)

Promote public health and safety by providing a pedestrian-oriented environment that includes active trail-level uses pedestrian access from the Rail Trail to adjacent building entrances;

(6)

Create a diversified urban environment where people can live, work, shop, meet, and play;

(7)

Facilitate safe, pleasant and convenient pedestrian and bicycle circulation and minimize conflict between pedestrians, cyclists, and cars;

(8)

Maximize air and water quality, including that which supports tree planting, greenspace and watershed protection, and bicycle parking;

(9)

Improve the aesthetics of the City's built environment.

(c)

Overlay district boundaries. The Rail Trail Overlay district shall be shown on the official Zoning Map. Any property in which any portion of said property is located within the boundary of the Rail Trail Overlay district shall be subject to the full regulations set forth in this section.

(d)

Design standards.

(1)

Except as provided below, development standards are regulated per the underlying zoning district.

(2)

All buildings and uses located adjacent to the Rail Trail shall meet the dimensional requirements for Front Yard Setback along the Rail Trial.

(3)

In addition to the requirements below, the City may provide adopted typical Rail Trail designs for designated areas. Such design may include alternate dimensions, additional materials, details and specifications regarding street trees, street lights, litter containers, benches and similar sidewalk-related items. Conformity with other applicable adopted plans are also required.

a.

Supplemental zone.

1.

Properties shall have a minimum 15-foot-wide supplemental zone which shall follow the provisions of Subsection 230-26(g) of this UDO. This zone shall be used as plaza space that is activated by ground floor retail/commercial uses, or shall act as private outdoor transitional space between the Rail Trail and potential residential uses that could occur along the first floor. At least 25% of the supplemental zone shall serve adjacent retail or restaurant space.

2.

Adjacent to all uses: Said zone shall provide a pedestrian walkway with a minimum width of eight feet through said supplemental zone to connect to the Rail Trail. Said walkway shall be perpendicular to the Trail unless topography prohibits.

3.

Adjacent to Trail-level residential uses: Said zone shall be landscaped except for patios, terraces, porches, stoops, and walkways, in accordance to the provisions provided in Section 320-20 of this UDO.

4.

Except as provided below, bicycle parking shall follow the provisions of Section 250-4 of this UDO.

a.

Non-residential developments shall provide bicycle parking facilities at a ratio of at least one bicycle parking space for every 1,000 square feet of non-residential floor area. Each space shall be located within the supplemental zone between the Rail Trail corridor and the building at a maximum horizontal distance of 100 feet from the building entrance.

b.

Developments with frontage along a both a street and the Rail Trail shall locate required bicycle parking spaces so that a minimum of 25% and a maximum of 75% of spaces are located within the supplemental zone along the Rail Trail, with the remainder located within the supplemental zone along the street. Bicycle parking that exceeds the minimum required may be located in either supplemental zone.

c.

Multifamily developments shall provide said facilities at a ratio of at least one bicycle parking space for every five multifamily units.

d.

Mixed-use developments shall provide required commercial and residential bicycle parking.

5.

The supplemental zone shall be no more than 30 inches above the adjacent Rail Trail for a minimum linear distance of 15 feet from the nearest edge of the adjacent Rail Trail corridor unless existing topographical considerations render this requirement unreasonable.

6.

Plazas, terraces, porches and stoops within the supplemental zone shall have a maximum finished floor height of 30 inches above finished grade unless existing topographical considerations render this requirement unreasonable.

b.

Relationship of building to Rail Trail. The regulations contained in this section apply to all buildings and structures, including parking structures.

1.

A primary pedestrian entrance shall be architecturally articulated, face, be visible from, and be directly accessible from the Rail Trail corridor. The use of fire-escape, entrance-only and exit-only doors as primary entrances are explicitly prohibited.

a.

For residential uses: Each building shall have a minimum of one primary pedestrian entrance fronting the Rail Trail.

b.

For non-residential uses:

i.

Each non-residential unit shall have a primary pedestrian entrance fronting the Rail Trail.

ii.

Said entrance shall remain unlocked during business hours.

iii.

Said entrance shall be at-grade with the closest portion of the adjacent required supplemental zone.

2.

A street address number shall be located directly above or beside the primary building and business establishment entrances, shall be clearly visible from the Trail, and shall have a minimum height of six inches.

3.

Trail-level fenestration for all portions of buildings shall be provided for a minimum of 65 percent of the length of all building facades along Rail Trail frontages in accordance with Subsection 230-27(a)(2).

4.

Public or private access paths to connect to any existing or proposed greenway trails, including the Rail Trail, shall be built to a minimum paved width of 12′ for two-directional bicycle and pedestrian use.

c.

Loading areas, loading dock entrances, and dumpsters.

1.

Off-street surface parking lots and driveways shall not be located between any building and the Rail Trail corridor.

2.

Loading structures and bays shall not face the Rail Trail corridor, and shall be screened so that loading docks and related activity are not visible from the Rail Trail corridor or any public right-of-way. Loading and unloading activity shall follow the provisions of Section 250-20 of this UDO.

3.

Dumpsters serving residential and nonresidential uses shall be enclosed in accordance with Section 250-21 of this UDO and shall not be located within the supplemental zone.

d.

Fences and walls. Except as provided below, fences and walls shall be constructed according to the provisions provided in Section 230-6 of this UDO.

1.

For all Trail-level residential and outdoor dining uses adjacent to the Rail Trail corridor:

a.

Fences shall follow the front and street yard fence regulations provided in Subsection 230-6(c)(1) of this UDO.

b.

Walls shall not exceed 24 inches in height unless existing topography requires retaining walls of greater height.

c.

Outdoor dining may be separated from the Trail only with moveable planters, fencing, or similar barriers provided they do not exceed a height of 36 inches including any plant material.

2.

For all other non-residential Trail-level uses: fencing is prohibited.

3.

No chain link fence or similar elements shall be visible from any public plaza, Trail-level outdoor dining area, the Rail Trail corridor or any other public right-of-way.

e.

Building architecture.

1.

Facades facing the Rail Trail corridor shall be treated architecturally as a primary façade.

2.

Service entrances, utility closets and other similar features shall not be oriented towards the Rail Trail corridor.

3.

Accessory mechanical systems shall not be located between the building and the Rail Trail corridor, and shall follow the provisions of Subsection 230-27(g) of this UDO.

4.

All ground-floor residential units fronting the Rail Trail shall have a minimum six-foot by eight-foot porch, patio, or balcony visible from the corridor.

5.

All Trail-fronting residential units above the ground floor shall feature a balcony or Juliet balcony visible from the corridor.

(e)

Nonconforming situations. Within the Overlay district, if there exists lots, uses of land, structures, and development features that were lawfully established before the Overlay district was adopted, they shall be subject to the provisions of Chapter 270 of this UDO.

(1)

Redevelopment thresholds.

a.

Renovations, alterations, additions, restorations, repairs, or other redevelopment of a structure, or portions of a structure, that was in existence prior to the adoption of this Overlay district, shall be subject to the provisions of this UDO in accordance with the Redevelopment thresholds in Section 270-9.

b.

Redevelopment costs that exceed 40% or more of the fair market value of the structure shall develop any Rail Trail segment located on the property in conformity with the Rail Trail Plan and any other plans adopted as addenda where applicable.

(f)

Principal uses and principal structures. The principal uses of land and structures that are allowed in the Rail Trail Overlay district shall follow the requirements for Storefront Streets (Section 230-29) when located adjacent to the Rail Trail subject to the limitations and standards contained within this section. However, multifamily residential uses may occupy up to 75% of the linear frontage of buildings located along the Rail Trail if the building does not front on any other Storefront Street. Buildings that front on streets designated as Storefront Streets on the Streetscape and Gateways Map of the Comprehensive Plan shall conform to Section 230-29 in their entirety.

(g)

Accessory uses and accessory structures. The accessory uses of land and structures that are allowed in the Rail Trail Overlay district shall be as provided in the applicable underlying zoning district, subject to the limitations and standards contained within this section.

(h)

Parking. Buildings and uses constructed or renovated in conformance with this section shall be subject to a 25% reduction in minimum parking requirements.

(i)

Signage. Signage shall conform to the provisions of Chapter 260, with the following exceptions:

(1)

Properties that front both a street and the Rail Trail may have a maximum of three facades with wall signage.

(2)

Sandwich boards shall be located a maximum of 15 feet from the tenant entrance.

(j)

Variances. The Mayor and Council may consider variances to the provisions of Section 220-5 subject to the provisions of Chapter 280 of this UDO.

(Ord. No. 757, 12-18-18; Ord. No. 776, 12-17-19)

(a)

Purpose and Intent. The DeKalb County-Annexed (DC-A) zoning district is applied to certain properties that were annexed into the city limits of the City of Chamblee from unincorporated DeKalb County to maintain status quo Entitlements for the annexed parcels. At the discretion of the Mayor and City Council, the DC-A district may be applied to properties annexed into the City of Chamblee after the effective date of this zoning ordinance, consistent with the provision of the Zoning Procedures Law (O.C.G.A. § 36-66) and the UDO.

(b)

Entitlements Definition. "Entitlements" is defined as zoning, zoning conditions, land use entitlements, variances, use permits and development regulations.

(c)

Regulation of lands in the DC-A zoning district. Any properties zoned DC-A as shown on the official Zoning Map, unless otherwise specifically approved by the Mayor and City Council, shall be regulated by Chapter 27 of the Code of DeKalb County, Georgia ("DeKalb Zoning Ordinance") effective as of the date of annexation, including the zoning designation of the parcel in DeKalb County, and other Entitlements adopted by the DeKalb County Board of Commissioners in effect at the time of annexation. The official DeKalb County Entitlements files of properties so annexed shall become official files of the City of Chamblee and shall be maintained by the Planning and Development Department, and said conditions of the Entitlements shall constitute the zoning regulations governing said properties. The provisions of the DeKalb Zoning Ordinance in effect as of the effective date of this section shall apply to the parcels zoned DC-A.

(d)

Development of properties in the DC-A zoning district. Properties in DC-A shall continue to enjoy the use or uses specifically conferred by zoning or special use permit action of the DeKalb County Board of Commissioners immediately prior to annexation. Development of any properties zoned DC-A on the effective date of this Zoning Ordinance shall comply with the following:

(1)

The property-specific conditions of zoning adopted by the DeKalb County Board of Commissioners in a property-specific rezoning action by resolution and which were in effect for said property when in unincorporated DeKalb County immediately prior to annexation.

(2)

The property-specific conditions of special use permit adopted by the DeKalb County Board of Commissioners in a property-specific special use permit action by resolution and which were in effect for said property when in unincorporated DeKalb County immediately prior to annexation.

(3)

Any amendment of zoning or special use permit conditions granted by the DeKalb County Board of Commissioners by official action which are part of the official DeKalb County files for said property.

(4)

Any property-specific variances granted by the DeKalb County Board of Zoning Appeals and which are a part of the official DeKalb County files for said property.

(5)

The DeKalb Zoning Ordinance in effect as of the effective date of this section.

(6)

Any property-specific amendment of zoning or special use permit conditions approved by the City of Chamblee.

(e)

Remedies for additional development permission.

(1)

In any case where a development is proposed on property zoned DC-A but such development would not be consistent with the provisions of the DC-A zoning district as specified in this chapter, there shall be the following possible remedies:

(a)

File an application to rezone the property from DC-A to another district set forth in the UDO which will lawfully provide for the proposed development, in accordance with the applicable zoning procedures of the UDO.

(b)

File a variance application in accordance with the provisions of the UDO.

(c)

File an application to modify an approved site plan and/or amend zoning conditions.

(2)

The Planning and Development Department is authorized to grant administrative variances for properties zoned DC-A, pursuant to and as specified in Article 5 of the UDO.

(3)

Minor revisions to an approved site plan or development plan may be administratively approved by the Director of Planning and Development Department if in the director's judgment such changes: (1) do not involve an increase in density or intensity of the site; and (2) do not materially alter buffers or setbacks along perimeter boundaries; and (3) do not otherwise result in a change that would be contrary to the public interest or that would be better considered via a public hearing process and a change in zoning or special use approval.

(f)

Assumption of administrative functions. In cases where conditions of DeKalb County zoning approval applicable to property in the DC-A require an administrative determination or decision, interpretation, or other administrative action, the Planning and Development Department shall have the authority to make such administrative determination, decision, or interpretation. To this end, the Planning and Development Department shall assume the authority of all administrative officials referred to in said conditions of zoning approval by DeKalb County; provided, however, that in cases where engineering considerations are specified, the City engineer shall have such administrative authority.

(Ord. No. 825, 9-19-23)

(a)

Findings. The Mayor and Council find that signs provide an important medium through which individuals may convey a variety of messages. However, left completely unregulated, signs can become a threat to public safety as a traffic hazard and a detriment to property values and the City's overall public welfare as well as an aesthetic nuisance.

(b)

The Mayor and Council further find that some signage has a single targeted function and identification of signage by description is impossible without referring to its function. For instance, address numerals are used for the sole purpose of identifying addresses, which is a benefit to persons looking for those addresses and is essential to public safety personnel responding to emergencies. In addition, directional signs are used for the sole purpose of ensuring safe movement of vehicles entering and exiting property to and from public rights-of-way, private roads and driveways. While such signage may be referenced based upon the function it serves within the context of this article, the provisions of this article are unrelated to the content of the speech provided and allow maximum expressive potential to sign owners.

(c)

Intent of Mayor and Council. By enacting this chapter, the Mayor and Council intend to:

(1)

Balance the rights of individuals to convey their messages through signs and the right of the public to be protected against the unrestricted proliferation of signs;

(2)

Further the objectives of the City's comprehensive plan, which is expressly incorporated herein;

(3)

Protect the public health, safety and welfare of the citizens and others within the City;

(4)

Reduce traffic and pedestrian hazards;

(5)

Promote the aesthetic qualities of the City;

(6)

Protect property values by minimizing the possible adverse effects and visual blight caused by signs;

(7)

Promote economic development;

(8)

Ensure the fair and consistent enforcement of sign regulations; and

(9)

Promote the stated purposes of the UDO, which are expressly incorporated herein.

(d)

Intent of sign regulations. Notwithstanding any other restrictions in this chapter, any sign authorized under this chapter can contain any message, other than messages containing obscenity as defined herein, or other than a sign that advertises an activity that is illegal under state or federal laws.

(Ord. No. 743, 12-19-17)

The regulation and requirements of this chapter apply to all signs that are or are intended to be viewed from a public right-of-way, a private street, or adjacent property.

(Ord. No. 743, 12-19-17)

Abandoned or dilapidated sign. Cessation of the use of a sign by either the owner of the sign or the occupant of the property on which the sign is placed, or through the removal or relocation of the previous occupant of the property, or a sign that has ceased to be used through the removal of its copy, or the deterioration of its copy through lack of maintenance, but excluding temporary or short-term periods of remodeling, refurbishment or maintenance of the sign.

Air- or gas-filled balloons. See Inflatable signs.

Animated sign. A sign that uses movement or changes of lighting to depict action or to create a special effect or scene or that uses the emission of smoke, noise, gas or other substance from the sign. Signs that utilize the movement of air through the device for visual effect are considered animated signs. Animated sign exclude changeable copy signs permitted by these regulations or changeable copy signs erected pursuant to consent order following litigation; provided no change is made in the type, size height, location, style or technology of the sign following its original erection.

Awning sign. A building sign imposed, mounted or painted upon an awning.

Banner. A sign other than a flag made of paper, cloth, thin plastic or similar lightweight material and rectangular in form.

Canopy sign. A building sign affixed to, superimposed upon, or painted on any canopy, such that the sign is mounted in such a manner that a continuous face with the canopy is formed.

Changeable copy sign. A sign on which the copy changes through either electronic or mechanical means.

Digital sign face. See Electronic sign face.

Directional Sign. A miscellaneous ground sign that provides traffic instruction for ingress and egress for travel to or from a lot.

Double-faced sign. A sign structure with two sign faces that are parallel (back-to-back) or that form an angle to one another of no more than 60 degrees, where each sign face is designed to be seen from a different direction.

Electronic sign [face]. An illuminated sign face without moving parts whose content may be changed by electronic process with intermittent light or lights, including light emitting diodes liquid crystal display, and plasma screen image display.

Externally illuminated sign. Any sign that is only illuminated by an artificial light source that directly or indirectly illuminates the face of the sign from outside the sign structure.

Feather flag. Means a sign made of paper, cloth, thin plastic or similar lightweight material oriented in a vertical direction and supported by a harpoon-style pole or staff driven into the ground as its primary means of support.

Festoons. Strings of ribbons, tinsel, small flags, pennants, streamers, pinwheels, or other devices or long narrow strips of fabric, plastic, or other pliable material designed to move in the wind or by mechanical fan. Festoons are considered animated signs.

Flag. A sign consisting of any fabric containing distinctive colors, patterns, logos, or symbols, used as an official symbol of a government or any other entity or organization.

Flashing Signs. Signs that flash, blink, rotate, revolve, or have moving parts or visible bulbs, and signs containing reflective elements that sparkle in the sunlight or otherwise simulate illumination during daylight hours. Flashing signs are considered animated signs.

Freestanding canopy signs. A sign erected on the side of a permanent freestanding canopy erected on a lot for the protection of commercial activity on that lot. The canopy shall not be connected to any building or other structure.

Ground sign. A sign permanently attached to the ground and that is wholly independent of any building or other structure for support.

Incidental sign. A small sign, emblem, or decal located on a building or structure. Such signs are normally located on doors, windows, and gas pumps, and are generally not readily visible or legible from public rights-of-way.

Inflatable signs. A sign that is intended to be expanded by air or other gas for its proper display or support.

Internally illuminated sign. Any sign that is illuminated by a source of light that is internal to the sign structure.

Miscellaneous Ground Sign. A permanent sign accessory to any other ground signs on the property.

Monument sign. A ground sign in which the entire bottom of the sign face or structure is in contact with the ground, providing a solid and continuous background for the sign face from the ground to the top of the sign.

Multi-faced sign. A single sign structure consisting of three or more sign faces that are separated from each other at their nearest point by no more than three feet. Sign faces on a single sign structure that are separated by more than three feet are treated as separate signs.

Nit. A measurement of brightness equal to the brightness of one [foot-]candle per square meter, measured perpendicular to the source.

Official signs. Signs placed by or at the direction of a governmental body, governmental agency, board of education or public authority.

Parapet sign. A building sign imposed, mounted, or painted on a parapet and not extending above the top of the parapet.

Pennant. Any lightweight plastic, fabric or similar material designed to move in the wind. Pennants are often suspended from a rope, wire, or string in series. The term "pennant" shall not include a "banner" or "flag" as defined in this article.

Permanent sign. A sign attached to a structure or the ground that is made of materials intended for long-term use. Banners and temporary signs are not considered permanent signs.

Pole sign. A permanent sign that is mounted on a freestanding pole, pylon, columns, or similar support such that the bottom of the sign face or lowest sign module is not in contact with the ground.

Project entrance sign. A permanent freestanding sign located at a discernible entrance into a multifamily development, or into a development containing multiple lots, such as, but not limited to, a particular residential or commercial subdivision, business center, office park or industrial park.

Projecting sign. A sign projecting perpendicularly from the outside wall of the building upon which it is located.

Property address signs. Property addresses (including multifamily building or unit numbers) displayed on a building or mailbox.

Pylon sign. See Pole sign.

Roof signs. A sign attached to or supported by the roof of a building, or a sign that extends into and/or above the immediately adjacent roofline of the building irrespective of attachment point. A sign applied to the fascia portion of a mansard roof, or to the face of a parapet wall, provided that the sign must not extend above the top of the mansard roof or parapet wall, is not considered a roof sign.

Sandwich board sign. A single- or double-faced, hinged or un-hinged, A-frame, temporary sign.

Sign. Any structure, display, or device that is used to advertise, identify, direct, or attract attention to a business, institution, organization, person, idea, product, service, event, or location by any means, including words, letters, figures, design characteristics, symbols, logos, fixtures, colors, movement or illumination.

Sign area. The area within the smallest rectangle enclosing the limits of a sign face, or the combination of the areas of all such rectangles delimiting each sign module, together with any frame or material, texture, or color forming an integral part of the sign copy.

Sign copy. That portion of the surface of a sign structure where words, letters, figures, symbols, logos, fixtures, colors, or other design elements are or may be located in order to convey the message, idea, or intent for which the sign has been erected or placed. The sign face may be composed of one or more modules on the same surface that are separated or surrounded by open space or by portions of a sign structure not intended to contain any advertising message or idea and are purely structural or decorative in nature.

Sign height. The height of a sign shall be equal to the vertical distance from the average grade at the base of the sign, or from the crown of the roadway of the nearest street if the street is within 100 feet of any portion of the sign (when measured perpendicular to the street), to the highest point of any portion of the sign, whichever results in the greater sign height. Any constructed earthen berms and elevated foundations supporting signs, signposts or other sign supports shall be included in the height of the sign.

Sign module. Each portion or unit of a sign face that is clearly and physically separated from other such units.

Sign structure. All elements of a freestanding sign, including the sign face, background, or decorative elements related to the presentation or support of the sign's message, and the structural supports.

Sound- or smoke-emitting signs. See Animated sign.

Stanchion sign. See Pole sign.

Standard Informational Sign. A sign made for short-term use, containing no reflecting elements, flags, or attachments, that is rectangular and which is mounted on a post, stake or metal frame, or for business use, mounted directly on the façade of a tenant space.

Temporary sign. A sign designed to be transported or easily relocated and not permanently attached to the ground, such as, but not limited to the following: (1) A sign designed to be temporarily placed upon the ground and not otherwise permanently affixed to it as otherwise required by the building code; (2) A sign mounted on a trailer, with or without wheels; or (3) A sidewalk, sandwich board or curb-type sign.

Transit signs. Signs owned by and placed by or with the approval of a nonprofit transportation authority or service on bus benches and shelters owned by the organization.

Tri-vision sign. A sign designed with a series of triangular slats that mechanically rotate in sequence with one another to show three different sign messages in rotation. For purposes of this chapter, a tri-vision sign is not a changeable copy sign.

Under-canopy sign. A permanent sign attached to the underside of a marquee or canopy and protruding over private sidewalks.

Variable message sign face. See Electronic sign face.

Vehicular sign. Any sign placed on, mounted on, painted on or affixed to a motor vehicle, freight, flatbed or storage trailer or other conveyance, including signs erected within truck beds or signs wrapped on a vehicle, when same are utilized, placed or parked in such a manner as to be viewed or intended to be viewed from the public right(s)-of-way or neighboring property, except that this definition shall not apply when:

(1)

Such conveyances are actively being used to load, transport or unload persons, goods or services in the normal course of business;

(2)

When such conveyances are parked in an inconspicuous area such as, but not limited to: a loading dock or to the side or rear of a building (away from the street); or

(3)

When such conveyances are actively being used for storage of construction materials for, and on the same lot with a bona fide construction project for which building and other applicable permits have been issued and where construction is underway and provided said conveyances are located within designated storage areas.

Wall sign. A sign attached parallel to a wall, painted on the wall surface or erected and confined within the limits of an outside wall of any building or structure, and supported by such wall or building Window sign: A sign that is placed on or behind a windowpane or glass door and intended to be viewed from outside the building.

Window area. Window area is the term given to an entire assembly comprised of the sash, glazing, and frame or uninterrupted system of windows. Where a structural or architectural element of the structures interrupts the window or system of windows, it is considered a different window area.

(Ord. No. 743, 12-19-17; Ord. No. 776, 12-17-19)

(a)

The following signs shall be exempt from the permit requirements of Section 260-13; provided, however, that such signs shall be subject to all other provisions of this chapter:

(1)

Official signs.

(2)

Property address signs.

(3)

Incidental signs.

(4)

Transit signs.

(5)

Standard informational signs.

(6)

Directional signs.

(7)

Reserved.

(8)

Window displays of goods utilizing no more than 50 percent of the available window area.

(9)

Signs on products that are an integral part of the product, the product's original packaging, and product dispensers (such as, but not limited to a soft drink machine). Product containers intended for the storage of products are not exempt from permit requirements.

(10)

A building design, color, or motif that is associated with a particular establishment or organization but which conveys no message.

(11)

Signs installed in conjunction with EV charging stations, pursuant to Section 250-6. Signs shall not exceed two square feet in area per EV parking space.

(12)

Flags.

(13)

Sandwich Board signs.

(14)

Window signs.

(Ord. No. 743, 12-19-17; Ord. No. 757, 12-18-18; Ord. No. 776, 12-17-19)

(a)

The following types of signs are prohibited in the City:

(1)

Inflatable signs that exceed three cubic feet per device.

(2)

Animated signs.

(3)

Flashing signs; provided that signs meeting standards of the Manual of Uniform Traffic Control Devices and installed for the safety or control of traffic are exempt from this provision so long as they meet all physical standards of the manual.

(4)

Feather flags.

(5)

Abandoned or dilapidated signs.

(6)

Roof signs.

(7)

Pole signs.

(8)

Festoons.

(9)

LED light strips.

(10)

Signs that are painted on or attached to trees, curbs, utility poles, or rocks or other natural features.

(11)

False statements. It is unlawful for a person to display false statements upon signs or other public places calculated to mislead the public as to anything sold, services to be performed, or information disseminated. The fact that any such sign or display contains words or language sufficient to mislead a reasonable or prudent person shall be prima facie evidence of a violation of this section by the persons displaying such sign or permitting such sign to be displayed at their residence, establishment or place of business.

(12)

Obscene signs. Obscene signs, as defined by the state at O.C.G.A. § 16-12-80(b), are not allowed.

(13)

Obstructions. No sign shall obstruct any fire escape, window, door, or opening usable for fire prevention or suppression, or prevent free passage from one part of a roof to any other part thereof. No sign shall extend above a parapet wall, be affixed to a fire escape, or interfere with any opening required for ventilation.

(14)

Signs placed on public property. Any sign posted or erected on utility poles, public rights-of-way or any other public property is not allowed, except those placed or approved to be placed by agencies of the federal, state or local government having control of such property.

(15)

Search lights and similar devices.

(16)

Signs imitating public warning or traffic devices. Any sign that displays intermittent lights resembling the flashing lights customarily used in traffic signals or in police, fire, ambulance, or rescue vehicles, and any sign that uses the words: "stop", "go", "slow", "caution", "danger", "warning" or other message or content in a manner that might mislead or confuse a driver, is not allowed. Any sign that uses the words, slogans, dimensional shape or size, or colors of governmental traffic signs is not allowed. No red, green or yellow illuminated sign shall be permitted within 300 feet of any traffic light.

(17)

Vehicular signs.

(Ord. No. 743, 12-19-17; Ord. No. 776, 12-17-19)

(a)

The following applies to any sign located or to be located within 660 feet of the nearest edge of the right-of-way of an Interstate, U.S. or state-numbered highway (or any other road designated as a "primary highway" by the state and approved by the U.S. Department of Transportation), or located or to be located beyond 660 feet of such highway but visible and intended to be read from such highway:

(1)

Such sign shall comply with all requirements of the Georgia Outdoor Advertising Act, O.C.G.A. § 32-6-70 et seq.

(2)

Such sign shall comply with all requirements of this chapter. Between the state and the City regulations, such sign must comply with the most restrictive requirements with respect to each and every item of regulation.

(Ord. No. 743, 12-19-17)

(a)

Computation of sign area. In order to determine compliance with the maximum allowable sign areas permitted under this chapter, the following shall establish how sign areas are measured.

(1)

Sign area.

a.

The area of a sign face shall be computed as the area within the smallest rectangle enclosing the limits of the sign area, or the combination of the areas of all such rectangles delimiting each sign module, together with any frame or material, texture, or color forming an integral part of the sign face or used to differentiate the sign face from the structure upon which it is placed. If a combination of rectangles is used for the measurement of sign area, rectangles shall be contiguous.

b.

For signs that have no identifiable frame or border, the smallest rectangle that includes all of the sign's words, letters, figures, symbols, logos, fixtures, colors, or other design elements intended to convey the sign's message shall establish the area of the sign.

c.

For signs applied to a kiosk or other cylindrical sign structure, the area of the sign face shall be computed as the largest rectangular area achieved from any one view of the sign. Measurements shall be made as a flat plane rectangle projected on the sign.

d.

For wall and projecting signs, the computation of the area of the sign copy shall include the full sign structure, including channel letters, cabinets, back plates, and any portion of the sign not integral to the structure of the building.

e.

The computation of area of sign copy for all other signs shall not include the structure, supports, or uprights on which the sign face is placed or any portions of a sign structure that are not intended to contain any message or idea and are purely structural or decorative in nature, other than those portions contained within the rectangle that delimits the sign copy or a sign module.

f.

Changeable copy signs. For any sign on which any of the words, letters, figures, symbols, logos, fixtures, colors, or other design elements are routinely changed or are intended to be changed from time to time, the sign area shall include the entire area within which any words, letters, figures, symbols, logos, fixtures, colors, or other design elements may be placed, together with any frame or material, texture, or color forming an integral part of the sign face or used to differentiate the sign face from the structure upon which it is placed.

g.

Treatment of open spaces. Any open space contained within the limits of the rectangle delimiting the sign copy, sign module, or sign structure shall be included in the computation of the area of such sign copy, sign module, or sign structure.

h.

Double-faced signs. For double-faced signs, when the sign face surfaces are, parallel (back-to-back), or where the smallest angle formed between the two faces is 60 degrees or less, the area of the sign shall be taken as the area on the largest side. For double-faced signs where the interior angle formed by the faces is more than 60 degrees, the area of the sign shall be the total area of all sides.

(b)

Multi-faced signs. For sign structures having three faces and the interior angle formed between each of the faces is 60 degrees, the area of the sign shall be taken as the area on the largest side. For all other multi-faced signs with three or more sides, the area of the sign shall be the largest total sign face area that can be viewed from any point in the public right-of-way or another parcel.

(c)

Location of Sign.

(1)

No sign or sign structure shall extend into or above, or be anchored or placed in any portion of a public right-of-way except as specifically provided in this chapter.

(2)

Signs shall be located a minimum of ten feet from the back of curb/edge of pavement or one foot onto private property, whichever results in the greater setback. Any signs not located adjacent to a street shall be setback a minimum of five feet from property lines.

(3)

See Section 230-7 for sight distance and visibility at intersections.

(d)

Measurement of distance. Minimum distances required hereunder shall be measured along the shortest straight line from the nearest point on a sign structure to the nearest point on a property line, sign structure, building or structure to which the minimum distance requirement applies.

(Ord. No. 743, 12-19-17; Ord. No. 757, 12-18-18)

(a)

Residential zoning districts. Only the following types of signs are allowed within the residential zoning districts in the City (NR-1, NR-2, and residential uses in NR-3 and VR):

(1)

Ground signs for multi-unit developments at subdivision or development entrances, per Subsection 260-9(f).

(2)

Flags, per Subsection 260-9(j).

(3)

Property address signs, per Subsection 260-9(l).

(4)

Standard informational signs, per Subsection 260-10(a).

(b)

All Sign types are permitted in the NC-1, NC-2, CC, CVC, VC, TOD, MU-BC, IT, PUD, I, and A districts in accordance with the provisions herein.

(Ord. No. 743, 12-19-17; Ord. No. 757, 12-18-18)

(a)

Wall signs. Wall signs are subject to the following restrictions:

(1)

Wall signs may not project higher or lower than the wall or surface it is attached to.

(2)

Wall signs may not project more than 18 inches from the wall surface

(3)

Single occupant buildings:

a.

Maximum sign area per façade shall be two square feet per linear foot of the subject facade, or 200 square feet total, whichever is less.

b.

For facades less than 200 feet in length, a maximum of one sign is permitted per facade.

c.

For facades greater than 200 feet in length, one additional wall sign is permitted per façade.

d.

A maximum of two facades may contain wall signage.

(4)

Planned centers and Mixed-Use Buildings (with separate entrances):

a.

Maximum sign area per tenant shall be one square foot per linear foot of the subject facade, or 200 square feet, whichever is less.

b.

For tenant facades less than 100 feet in length, a maximum of one sign is permitted per facade.

c.

For tenant facades greater than 100 feet in length, one additional wall sign is permitted per tenant façade.

d.

A maximum of two tenant facades may contain wall signage.

(5)

Multi-tenant buildings (with shared space and common entrances):

a.

Maximum sign area per building shall be two square feet per linear foot of the subject facade, or 200 square feet total, whichever is less.

b.

For facades less than 200 feet in length, a maximum of one sign is permitted per facade.

c.

For facades greater than 200 feet in length, an additional wall sign is permitted per façade.

(6)

A maximum of two facades may contain wall signage.

(b)

Projecting signs. Projecting signs may be provided in lieu of wall signs as prescribed below:

(1)

Size:

a.

Projecting signs shall not project more than 48 inches beyond the face of the building.

b.

Maximum sign area shall be per wall sign requirements.

(2)

Quantity: Per wall sign requirements.

(3)

Location:

a.

Projections shall be at a 90-degree angle to the building face or corner.

b.

Signs shall provide a minimum of eight feet of clearance from ground level to the bottom of the sign.

c.

Signs shall not project into the public right-of-way.

(4)

Other standards: All sides of a projecting sign shall be finished.

(c)

Awning signs. Awning signs may be provided in lieu of wall signs as prescribed below:

(1)

Size: Per wall sign requirements.

(2)

Quantity: Per wall sign requirements.

(3)

Location:

a.

Per wall sign requirements.

b.

Awnings shall provide a minimum of eight feet of clearance from ground level to the bottom of the sign.

(d)

Under-canopy signs.

(1)

Size: Under-canopy signs shall be limited to four square feet in area.

(2)

Quantity: A maximum of one under-canopy sign is permitted per tenant.

(3)

Location: Signs shall provide a minimum of eight feet of clearance from ground level to the bottom of the sign.

(e)

Signs associated with drive-through windows.

(1)

Size: A sign associated with a drive-through window shall not exceed twenty-four square feet in aggregate area.

(2)

Quantity: A maximum of three signs per drive-through establishment subject to the aggregate area limitation above.

(3)

Location: Such signs shall not be oriented toward the public right-of-way.

(4)

Other standards:

a.

Signs associated with a drive-through windows shall be permanently affixed and rigidly mounted to the building or freestanding structure.

b.

All signs associated with drive-through windows must be framed and constructed of metal or other sturdy material.

(f)

Monument signs.

(1)

Size:

a.

Residential and multifamily uses:

1.

Maximum sign area shall be 40 square feet.

2.

Maximum height shall be eight feet.

b.

All other uses:

1.

Maximum sign area for buildings with under 200 feet of continuous street frontage is 40 square feet.

2.

Maximum sign area for buildings with 200 feet or more of continuous street frontage is 64 square feet.

3.

Maximum height shall be eight feet.

(2)

Quantity and Location:

a.

Residential and multifamily uses: A maximum of two single-sided or one double-sided ground signs permitted per multi-unit development entrance from a street. Monument signs are not permitted on individual residential lots.

b.

All other uses:

1.

One ground sign is permitted per street frontage per parcel.

2.

On any street with more than 500 feet of frontage, one additional monument sign is permitted.

(3)

Other Standards:

a.

Ground signs only are permitted as monument signs.

b.

Monument signs shall be constructed with a brick, stucco, or stone base and frame.

c.

The ground-mounted base shall be equal to or greater than the length of the sign face including the cabinet or any other structure within which the copy is located.

d.

The monument sign shall be surrounded by a planting bed of two feet in depth radiating from the base of the sign with shrubs and supplemental ground cover.

e.

Monument signs shall display the street number of the property. Within a planned center where multiple addresses exist, the highest and lowest street address numbers shall be identified. Street numbers shall be of contrasting colors against the background and visible from both directions of travel along the street.

f.

Where an existing pole sign has been grandfathered on a lot, no new ground sign shall be erected on that same parcel until the existing pole sign is removed.

(g)

Freestanding canopy signs. Canopy signs are restricted to one canopy sign per road frontage with a maximum area of 50 s.f. per frontage.

(h)

Window signs. Window signs shall not obstruct more than 20 percent of the window area. No window sign may be handwritten, nor shall such signs be made of paper or cardboard.

(i)

Miscellaneous ground signs.

(1)

Size: Each miscellaneous ground sign shall not exceed three square feet in copy area nor be erected more than three feet in height.

(2)

Quantity:

a.

There shall be a maximum two miscellaneous ground signs allowed per driveway entrance.

b.

For planned centers, there shall be no more than two such signs per curb cut, with no more than three additional such signs per lot.

(3)

Location:

a.

Within the area between a street and the minimum front yard setback for principal buildings required for the zoning district, directional signs shall be located within three feet of driveways that provide access into, within, or from the property.

b.

No setback from the right-of-way line is required, but such signs shall be placed on private property with the owner's permission.

(j)

Flags.

(1)

Size: Flags shall not exceed 32 square feet in area.

(2)

Quantity: No more than one flagpole is permitted per lot.

(3)

Location: Shall not be located on flagpoles that exceed the building height limitation of the zoning district for the property where the flag is displayed.

(4)

Other standards: A flag pole more than 20 feet tall shall be subject to a building permit if located in a property not zoned NR-1, NR-2 or NR-3.

(k)

Incidental Signs. Incidental signs shall be no more than one square foot, provided that the aggregate of all such signs on a property may not exceed 16 square feet unless a larger aggregate area is required by law or government regulation.

(l)

Property address signs. Property address signs shall consist of numerals at least six inches but no larger than eight inches in height.

(m)

Official signs. Such signs are authorized within all rights-of-way and on other properties controlled by such governmental body, agency, board of education or public authority; and at such other locations as provided by statute or ordinance. Where physical characteristics of official signs are prescribed by statute or ordinance, such as signs shall meet those standards. In the absence of statutory standards, official signs shall comply with the physical standards of this chapter.

(Ord. No. 743, 12-19-17; Ord. No. 757, 12-18-18; Ord. No. 776, 12-17-19; Ord. No. 805, 12-21-21)

(a)

Standard informational signs.

(1)

Size and height limitations:

a.

Standard informational signs are limited to 10 square feet in sign area per lot.

b.

Standard informational signs shall not be erected to a height exceeding four feet.

(2)

Aggregate allowance: There is no maximum number of standard informational signs on a lot. The quantity of signage is limited by the aggregate area permitted on the lot.

(3)

Other standards:

a.

Nonpermanent but water-resistant construction materials may be used, such as but not limited to, poster board, foam core board or illustration board.

b.

The words, letters, figures, symbols, logos, fixtures, colors, or other design elements that convey the sign's message shall be permanently applied to the sign's face.

c.

Changeable copy is not allowed on standard informational signs.

(4)

Lighting. Such signs shall not be illuminated.

(b)

Sale or lease of a building or premises.

(1)

Allowance and size.

a.

During the period a building or premises is available for sale or lease, one freestanding sign per street frontage is permitted in all non-residential zoning districts.

b.

For a planned center, one additional building sign may be placed on each tenant space that is available for sale or lease.

c.

Such sign shall not exceed 20 square feet in area, and six feet in height if freestanding.

d.

Such sign shall be removed within 10 days of a closing of the sale on or execution of a lease of the property.

(2)

Signs during subdivision construction. During construction of a multi-parcel subdivision, one additional sign may be placed at each entrance into the subdivision that does not exceed 32 square feet in area or eight feet in height. Such signs shall be removed when the last lot or house has been sold or if no building permit has been issued for construction within the subdivision or development during a period of 12 months, whichever comes first.

(3)

Lighting. Such signs shall not be illuminated.

(c)

Sandwich board signs.

(1)

Duration: Sandwich board signs shall be designed to be portable, folding in nature and must be removed to the interior of a building or structure at the close of business each day.

(2)

Size: Such signs shall not exceed 12 square feet in area and shall be no greater than four feet in height.

(3)

Quantity: A maximum of one sandwich board sign is permitted per tenant.

(4)

Location:

a.

A sandwich board sign may not be placed in the right-of-way or in parking areas, unless they are positioned in the supplemental zone.

b.

The placement of a sandwich board sign shall not interfere with pedestrian movement and shall be placed such that at least five feet of unobstructed sidewalk width remains for pedestrian travel.

c.

Sandwich board signs shall be located a maximum of 10 feet from the tenant entrance.

(5)

Other standards: All sandwich board signs shall be constructed of wood, metal or other sturdy material and shall not contain reflective elements or fluorescent colors.

(6)

Lighting: Such signs shall not be illuminated.

(d)

Banners.

(1)

Duration:

a.

Per tenant in a planned center: No banner shall be displayed for more than 14 consecutive days, with no more than three such 14-day periods being permitted per calendar year per tenant.

b.

Per lot for a planned center, multi-tenant building with shared space, and single occupant buildings: No banner shall be displayed for more than 14 consecutive days, with no more than three such 14-day periods being permitted per calendar year per lot.

(2)

Size: Each banner shall not exceed 32 square feet.

(3)

Quantity:

a.

Per tenant in a planned center: No more than one banner shall be displayed on any tenant space at one time;

b.

Per lot for a planned center, multi-tenant building with shared space, and single occupant buildings: No more than one banner shall be displayed on any lot at one time.

(4)

Location: If located under a canopy, banners shall provide a minimum of eight feet of clearance from ground level to the bottom of the sign.

(5)

Other standards:

a.

All banners must be maintained in good condition.

b.

Each banner must be securely attached to poles, mast arms, fences, building facade or other similar structures on either the entirety of two ends of the banner or on all four corners of the banner.

(6)

Lighting: Banners shall not be illuminated.

(e)

Building construction or remodeling.

(1)

Quantity, location and duration:

a.

One sign per street frontage shall be permitted upon issuance of a land disturbance permit or building permit authorizing the demolition or construction of a building within the CC, CVC, VC, TOD, MU-BC, A, IT, I and PUD zoning district where no existing ground sign exists.

b.

Such sign(s) shall be removed within ten days after issuance of the certificate of occupancy/completion or final building inspection, whichever occurs first.

c.

Alternatively, in lieu of the ground sign(s) described in subsection (e)(1)a., the property developer may elect to place one sign per street frontage on an opaque fabric that provides a visual screen along a temporary construction fence as provided in Subsection 230-6(g).

(2)

Size: The signs authorized by this subsection shall not exceed one square foot in area per linear foot of street frontage for construction fence signage, and 32 square feet for freestanding signage. Signs shall not exceed eight feet in height.

(3)

Lighting: Such signs shall not be illuminated.

(Ord. No. 743, 12-19-17; Ord. No. 757, 12-18-18; Ord. No. 776, 12-17-19; Ord. No. 805, 12-21-21)

(a)

Types of illumination.

(1)

Externally-illuminated sign. An externally illuminated sign shall have concealed wiring and controls, and shall have shielded and screened external light sources.

(2)

Internally-illuminated sign. Internally illuminated signs must completely shield the source of light from direct view.

(b)

Hazards. Illumination devices shall be placed, filtered, and shielded so direct rays will not be cast into the eyes of drivers or pedestrians.

(c)

Light pollution. Sign illumination shall not cast light directly upon adjacent properties or roadways. No illuminated signs are allowed within 100 feet of any residential zoning district or property occupied by a dwelling. Mixed-use properties shall be illuminated in such a manner as to not cast light directly into residential units.

(d)

U.L. listing. All components of an illuminated sign shall be U.L. listed, or the equivalent thereof, with an identification label, that shows the manufacturer of the sign.

(Ord. No. 743, 12-19-17)

(a)

Changeable copy signs, including electronic sign faces, are allowed on commercial and industrial properties developed in the VC, CVC, CC, IT or I zoning districts. For properties zoned NR-1, NR-2, CR, VR, NC-1, NC-2 changeable copy signs, including electronic sign faces, may be utilized for places of worship, public buildings or at public or private schools; provided that, such signs are limited to fronting on streets designated as Boulevards, Primary, or Secondary streets. Changeable copy signs shall not be permitted on monument signs that do not conform to all standards of this section. Existing tri-vision signs may be continued subject to the standards of Section 260-18. No new tri-vision signs shall be erected within the City.

(b)

The changeable copy portion of a sign is limited to 70 percent of the total sign area.

(c)

Electronic sign faces with traveling messages that travel at a rate slower than 16 light columns per second or faster than 32 light columns per second are prohibited.

(d)

No sign message shall be displayed for a period of time less than 30 seconds.

(e)

Transition from one message to another message shall require no more than one second for electronic sign faces and no more than three seconds for tri-vision signs.

(f)

Each sign message shall be complete in itself and shall not continue on a subsequent sign message.

(g)

Tri-vision signs that are mechanically changed shall contain a default design that will freeze the sign in one position if a malfunction occurs.

(h)

Any maximum size limitations shall apply independently to each side of an electronic sign face.

(i)

Standards of Illumination:

(1)

Prior to the issuance of a sign permit for a sign with an electronic sign face, the applicant shall provide written certification from the sign manufacturer that the light intensity has been factory pre-set not to exceed the standards shown in Table 260-12 and that the intensity level is protected from end-user manipulation by password-protected software or other method as deemed appropriate by the director.

Table 260-12: Standards of Illumination for Electronic Sign Faces

(2)

Electronic sign faces shall utilize automatic dimming technology to adjust the brightness of the sign relative to natural ambient light conditions in order to reduce the level of illumination during nighttime hours and other times of low natural ambient light.

(3)

All signs with an electronic sign face shall contain a default mechanism that will cause the sign to revert immediately to a black screen if the sign malfunctions.

(4)

All electronic sign faces shall require a certification by a lighting expert that the sign face, as installed and operating, meets the lighting standards of Table 260-12 above. Such certification shall be provided upon completion of installation and at least every two years thereafter.

(5)

If the Planning and Development Director finds that a sign with an electronic sign face or otherwise illuminated display exceeds the lighting standards set out above or otherwise causes glare or impairs the vision of drivers of motor vehicles or otherwise interferes with the safe operation of motor vehicles, the Director shall have a notice of violation issued to the sign owner identifying the problems with the sign and specifying corrective action required. The owner of the sign shall within 48 hours reduce the intensity of the sign to a level that meets standards and does not cause such disturbance.

(Ord. No. 743, 12-19-17; Ord. No. 757, 12-18-18)

(a)

Sign permit. In addition to a building permit as may be required under the building code, a sign permit shall be obtained prior to installation, relocation, expansion, construction or structural alteration of any sign regulated under this chapter except for those signs specifically exempted under Section 260-4.

(b)

Issuance of a sign permit.

(1)

Sign review required. For any sign requiring issuance of a sign permit under the provisions of this chapter, sign review shall be required prior to installation, relocation, renovation, expansion, construction, panel exchange or reconstruction of the sign. The sign application, with the nonrefundable application fee established by the Mayor and Council, shall be submitted to the Planning and Development Director.

(2)

Sign permit application. Applications for sign permits shall be filed by the sign owner or his agent in the Planning and Development Department upon forms furnished by this office. The application shall describe and set forth the following:

a.

The type of the sign as defined in this chapter.

b.

The street address of the property upon which the subject sign is to be located, and the proposed location of the subject sign on the subject property.

c.

The area of the sign face and the sign structure and the aggregate square foot area if there is more than one sign face.

d.

The name and address of the owner of the real property upon which the subject sign is to be located.

e.

The written consent of the owner or his agent granting permission for the placement or maintenance of the subject sign.

f.

A sketch or print drawn to scale showing all pertinent information required by the technical codes adopted by the City, this Chapter and other City ordinances, such as wind pressure requirements and display materials. The Planning and Development Director may require additional information on such print or sketch to ensure compliance with this chapter.

g.

The name, address, telephone number, copy of insurance certificate, and business license number of the sign contractor.

h.

The name, address, telephone number, and business license number of the tenant.

i.

A site plan or elevation drawing showing the placement of the sign in relation to other signs, buildings and structures on the property.

j.

Conformance to building codes.

1.

Plans required for issuance of a sign permit shall be certified as to conformance with all structural and wind load-resistive standards of the building code by a qualified structural engineer, or be prepared using standard drawings prepared by a structural engineer or other qualified professional meeting or exceeding all requirements of the building code, if applicable.

2.

All signs involving internal lights or other electrical devices or circuits shall display a label certifying it as being approved by the Underwriter's Laboratories, Inc.

3.

All electrical service to a sign shall comply with the electrical code. A licensed electrical contractor must obtain an electrical permit and wire the sign to code.

4.

Clearance from all electrical power lines shall be in conformance with the requirements of the electrical code.

k.

Any additional information deemed necessary by the Planning and Development Department to determine compliance with ordinance standards.

(3)

Issuance of sign permit.

a.

The City shall process all sign permit applications within 30 days of the City's actual receipt of a complete application for a sign permit.

1.

The Planning and Development Director shall reject any application as incomplete that does not include all items required for a sign permit application as set forth under Subsection 260-14(a).

2.

The Planning and Development Director shall reject any application containing any false material statements or omissions. Any rejected application later resubmitted shall be deemed to have been resubmitted on the date of resubmission instead of the original date of submission.

b.

Within 30 days of receipt of a complete application, the Planning and Development Director shall:

1.

Issue the permit; or

2.

Inform the applicant, in writing, of denial of the permit, stating the reasons why the permit cannot be issued.

c.

Upon determination that the application fully complies with the provisions of this chapter, the building code, and all other applicable laws, regulations and ordinances of the City, the sign permit shall be issued.

d.

If the City does not process an application for a sign permit within 30 days as set forth in Section 260-13, then the application shall be considered approved; provided this approval shall not authorize the violation of any standards of City ordinances regulating such sign and vests no rights in the owner of a sign in violation of City ordinances.

e.

Should it be determined that a sign permit was issued pursuant to an application containing a false material statement, the Planning and Development Director shall revoke the subject sign permit and the subject sign shall be removed.

(4)

Permit fee.

a.

No sign permit shall be issued until the appropriate application has been filed with the Planning and Development Director and fees have been paid per the fee schedule adopted by City Council.

(5)

Sign identification labels.

a.

With each sign permit, the Planning and Development Director shall issue a sticker bearing the same number as the permit with which it is issued. It shall be the duty of the permittee or his agent to affix such sticker to the sign so it will be easily seen. The absence of a proper sticker shall be prima facie evidence that the sign has been or is being erected or operated in violation of the provisions of this chapter.

b.

It shall be unlawful for any person to attach a sign decal to any sign for which it was not issued, or to remove, tamper with, deface or mutilate any sign identification label or sticker issued or placed pursuant to this section.

(6)

Sign Permit Expiration Date. A sign permit shall expire if the sign for which the permit was issued has not been erected, installed, and completed within six months after the date of permit issuance; provided, however, that one 90-day extension of the permit shall be granted if an additional permit extension fee has been paid prior to the expiration date of the initial permit.

(7)

Administrative adjustments.

a.

No adjustment shall be allowed from any dimensional, material, structural, or durational requirement of this chapter, except that the Planning and Development Director may grant an administrative adjustment of up to 10 percent from the dimensional standards of this chapter, provided the resulting signage is consistent with the purpose of this chapter, and the proposed adjustment will ameliorate the decreased effectiveness clearly resulting from:

1.

Natural conditions on the property that limit placement of the sign;

2.

Lot configuration;

3.

The presence of easements or rights-of-way that interfere with placement of the proposed sign; or

4.

A threat to public safety.

b.

No adjustment under this section shall be allowed where the hardship is the result of the owner or applicant's actions.

(8)

Appeals.

a.

Appeals. An applicant whose permit application has been denied, a permittee whose permit has been revoked, or any other person dissatisfied with a determination of the Planning and Development Director provided to them in response to a request for such determination may appeal the decision to the Mayor and Council pursuant to the provisions of Article 6 of Chapter 280, Section 280-41 et seq., governing notice and procedures for hearing appeals. In making its determination on any appeal, the Mayor and Council shall base its decision on the express standards of the sign ordinance and shall overrule the decision of the Planning and Development Director only in those instances where the Director has committed an error in application or interpretation of the sign ordinance.

b.

Further review by certiorari. Any person against whom an appeal has been adversely decided by the Mayor and Council may petition for writ of certiorari to the Superior Court of DeKalb County as provided by law.

(Ord. No. 743, 12-19-17; Ord. No. 757, 12-18-18)

It shall be unlawful for any person to engage in the business of erecting or maintaining signs within the City unless and until such person has obtained a business license issued in the state and a certificate of insurance from an insurance company authorized to do business in the state evidencing that the person has in effect public liability and property damage insurance providing coverage in the sum of $25,000.00 for property damage for any one claim and public liability insurance in an amount not less than $100,000.00 for injuries, including accidental death, to one person. The certificate of insurance shall state that the insurance carrier will notify the City 30 days in advance of any termination or restriction of the coverage.

(Ord. No. 743, 12-19-17)

(a)

Nonconforming signs; defined.

(1)

A nonconforming sign is a sign that was lawfully erected and maintained prior to the adoption or amendment of Chapter 260, and which by reason of such adoption or amendment no longer conforms to one or more of the applicable regulations and restrictions of Chapter 260 as adopted or amended.

(2)

Any sign that was not lawfully erected in accordance with the sign regulations in effect at the time of the sign's construction, or was subsequently altered in a way inconsistent with the sign regulations in effect at the time of its alteration, is considered an illegal sign and shall not be granted legal nonconformity status.

(b)

Retention of legal nonconformity status.

(1)

A nonconforming sign shall immediately lose its nonconforming designation and become an illegal sign if:

a.

The sign is altered in any way that would make the sign less in compliance with the requirements of this chapter than it was before the alteration;

b.

The sign is relocated on the property, unless the relocation results in the sign becoming conforming;

c.

Any part of the sign structure is replaced, other than the face of the sign;

d.

The deterioration of the sign or damage for any reason to the sign makes it a hazard to public safety; or

e.

The sign has deteriorated or been damaged to such extent that repairs required to restore the sign would cost more than 50 percent of its current replacement value; provided that where damage to the sign results from Act of God or other circumstances beyond the control of the sign owner, the sign may be restored regardless of cost; in such instance, timely reconstruction shall result in retention of nonconforming status.

(2)

Nothing in this Section shall prevent the owner of a nonconforming sign from continuing to maintain such sign, nor to prevent an owner from making routine changes to the copy or text of an existing legal nonconforming sign so long as the degree of such change does not enlarge the size or height of the sign face, does not change the nature of the sign structure, and does not so alter the sign that it would require a building permit or electrical permit.

(Ord. No. 743, 12-19-17; Ord. No. 757, 12-18-18)

(a)

Planning and Development Director. The Planning and Development Director is responsible for general administration of this chapter; the receipt, review and processing of all applications for sign permits; and all sign variance requests filed with the City.

(b)

Citations. Any violation of this chapter may be tried upon a citation issued by an authorized representative of the city pursuant to the provisions of this chapter and state law. Without limitation, businesses, organizations, builders, developers, contractors, property owners, and such other parties responsible for the violation may be cited for violation of any provisions of this chapter.

(c)

Removal of illegal or abandoned signs. The Planning and Development Director may order the removal of any sign in violation of this chapter, or any sign abandoned for six consecutive months or more, by written notice to the permit holder; or if there is no permit holder, then to the owner of the sign; or if the sign owner cannot be found or cannot be determined, then to the property owner, sign erector and any party that procured the erection of the sign. If a permit was issued, such notice shall operate to revoke the permit. The removal order shall be issued only after the appropriate party fails to comply within seven days after the City gives written notice of noncompliance.

(1)

Procedure following removal order. An aggrieved party may appeal the removal order within 15 days from the date that the notice was mailed. Such appeal shall be made to the Mayor and Council. If the sign is not removed within 30 days after the order of removal (or 30 days after the date any appeal becomes final), the Planning and Development Director is authorized to remove or cause to be removed the sign and to collect the costs thereof as provided below.

(2)

Removal without notice.

a.

The Planning and Development Director or any other agent of the City having jurisdiction under the circumstances may remove or direct the removal of any sign in violation of this chapter, without giving notice to any party, if:

1.

Said sign is illegally placed upon the public right-of-way or upon other public property; or

2.

Said sign poses an immediate safety threat to the life or health of any members of the public.

b.

Following such removal, the City may collect the costs as provided in the following Subsection (c)(3).

(3)

Costs of removal.

a.

Removal of any sign found in violation shall be without liability to the City, its officers, agents, and employees. The permit holder shall be primarily responsible for the costs of removal. If there is no permit holder, then the sign owner shall be responsible. If the sign owner cannot be determined, then the costs of removal shall be the responsibility of any party that procured the erection of the sign or the property owner.

b.

If payment or arrangement to make payment is not made within 60 days after the receipt of a statement of removal costs, the Planning and Development Director shall certify the amount thereof for collection to the City Attorney.

c.

Costs of removal shall be charged in accordance with the actual cost to the City.

(Ord. No. 743, 12-19-17; Ord. No. 757, 12-18-18)

In the event any section, paragraph, phrase or sentence of this chapter is invalidated by a court of competent jurisdiction, such determination shall not affect the remaining sections, paragraphs, phrases or sentences of this chapter, it being the intention of the Mayor and Council that provisions of this chapter are severable to the maximum extent permitted by law.

(Ord. No. 743, 12-19-17)

Within the districts established by Title 2 of the Chamblee Unified Development Ordinance (UDO) and in other provisions and amendments thereto, there exist lots, uses of land, structures, and development features that were lawfully established before the UDO was adopted or amended, but that would be prohibited under the terms of Title 2 or future amendment. They are collectively referred to herein as "nonconforming situations."

Nonconforming structures include nonconforming buildings. An example of a nonconforming structure would be a building that was legally permitted prior to the enactment of this ordinance or prior to annexation that now fails to meet the regulations established in this UDO.

An example of a nonconforming use of land would be a food processing plant that is located in a VC district. It was legally permitted in the M district in 1982; however, the use is not permitted in the current VC district.

Common examples of nonconforming development features are off-street parking or loading areas that contain fewer spaces than required by current regulations and sites that do not comply with current landscaping or screening requirements.

Such nonconforming situations are hereby declared to be incompatible with authorized and permitted uses and regulations within the district(s) involved. It is the intent of the City to require the cessation of certain of these nonconforming situations and to allow others to continue on a limited basis until they are otherwise removed or cease. Furthermore, the City intends that nonconforming situations not be used as grounds for adding other buildings, structures, or uses of land prohibited by this Title 2 of the UDO, and that such nonconforming situations not be enlarged, expanded, moved, or otherwise altered in any manner that increases the degree of nonconformity.

(Ord. No. 743, 12-19-17; Ord. No. 757, 12-18-18)

Unless otherwise specifically authorized, no nonconforming situation shall be enlarged, expanded, moved or otherwise altered in any manner that increases any aspect of the existing degree of nonconformity.

(Ord. No. 743, 12-19-17)

(a)

The burden of proving a nonconformity was lawfully established rests entirely with the subject landowner.

(b)

A preponderance of evidence must be provided by the subject landowner and be sufficient to show that the nonconformity was lawfully established before adoption of the subject regulations. Evidence must also indicate that the nonconformity has been continuous and that the situation has not lost its nonconforming status. Examples of reliable evidence include: occupational tax certificates; building permits; zoning compliance permits; city/county billing records; utility billing records; assessment, tax or rent records; and directory listings.

(c)

The Planning and Development Director shall determine whether adequate proof of nonconforming status has been provided by the subject landowner.

(Ord. No. 743, 12-19-17; Ord. No. 757, 12-18-18)

(a)

An undeveloped lot that has an area, frontage, or other characteristic that does not conform to the requirements of the district in which it is located but was legally subdivided as a lot of record at the time it was permitted may be used for any use allowed in the zoning district in which it is now located; however, any use or structure built on this lot subsequent to the enactment of this UDO and any further subdivision of this lot or combination of this lot with another lot shall conform to all other standards of this UDO.

(b)

Where land is taken for public purposes from a lot of record that was conforming at the time of such taking but becomes nonconforming due to said taking, the lot remaining shall be construed as a nonconforming lot of record. Such lot is subject to the provisions of Subsection (a) of this Section 270-4.

(Ord. No. 743, 12-19-17)

(a)

A nonconforming use of land may be continued so long as it is and remains otherwise lawful subject to the following provisions:

(1)

No nonconforming use of land shall be enlarged or increased, nor extended to occupy a greater area of land or floor area than was occupied prior to the date of adoption or amendment of the zoning ordinance making such use nonconforming.

(2)

Unless otherwise specifically authorized, no nonconforming use of land shall be moved, enlarged, or extended, in whole or in part, onto any portion of the lot or parcel other than that portion occupied by such use prior to the date of adoption or amendment of the zoning ordinance making such use nonconforming.

(3)

If any nonconforming use of land is discontinued for any reason for a full year, any subsequent use of land shall conform to the regulations specified by this UDO for the district in which such land is located.

(4)

Vacancy or non-use shall constitute discontinuance regardless of the intent of the owner, tenant, or lessee. Such restriction shall not apply for any period of time that such cessation is a direct result of governmental action impeding access to the premises.

(Ord. No. 743, 12-19-17)

(a)

A nonconforming structure may be continued so long as it is and remains otherwise lawful subject to the following provisions:

(1)

No nonconforming structure may be enlarged or altered in a way which increases any aspect of its existing degree of nonconformity, but any structure or portion thereof may be enlarged or altered if the degree of its nonconformity remains the same or is decreased, provided such structure is used for a permitted use.

(2)

Standards applicable to specific structure types.

a.

Detached single-family and two-family residential primary and accessory structures: Should a nonconforming one- or two-family residential structure or nonconforming portion of such structure be destroyed in whole or in part, by any means except by willful act of the owner or tenant, in whole or in part, it may be reconstructed, provided said reconstruction does not increase any aspect of the previously existing aspect of nonconformity and further provided that said reconstructed structure is used for a permitted use.

b.

All other primary and accessory structures: Should any other nonconforming structure or nonconforming portion of structure be destroyed by any means except through a willful act of the owner or tenant, to an extent of more than 50 percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this zoning ordinance. Should such structure or portion thereof be so destroyed to an extent of 50 percent or less of its replacement cost at the time of destruction, it may be reconstructed, provided said reconstruction does not increase any aspect of the previously existing aspect of nonconformity; said reconstructed structure is used for a permitted use, and; said reconstruction complies with Section 270-7.

(3)

A nonconforming structure may be moved on its own lot only if such movement reduces the degree of nonconformity or eliminates such nonconformity.

(4)

Where a nonconforming structure is moved off its previous lot, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(5)

In cases where land is taken for public purposes from lots of record that are conforming at the time of such taking in such manner as to reduce setback(s) previously provided in relation to a portion of a structure below setback requirements applicable within the district, the portion of the structure involved shall be construed to be nonconforming.

(b)

Unsafe buildings. Nothing in this UDO shall prevent the maintenance, strengthening, or restoring to a safe condition of any part of any building or structure declared unsafe by the Chief Building Official or other proper authority.

(Ord. No. 743, 12-19-17)

(a)

Nonconforming development features may remain except as otherwise expressly stated in this UDO, but the nature and extent of nonconforming site features may not be increased except as otherwise expressly stated in this UDO.

(b)

No change to any nonconforming development feature shall be made which increases the degree of nonconformity with the requirements of the UDO, but changes may be made which result in the same or a lesser degree of nonconformity, subject to compliance with the provisions of Section 270-9. In cases where land is taken for public purposes in such a manner as to reduce existing off-street parking, loading or other development features that is required by the regulations for the current district, the deficiency thus created shall be construed as a nonconforming development feature.

(Ord. No. 743, 12-19-17)

See Section 100-4 for regulations applying to buildings and structures where construction has begun.

(Ord. No. 743, 12-19-17)

(a)

Applicability.

(1)

Renovations, alterations, adaptations, additions, restorations, repairs, or other redevelopment of a structure, or portions of a structure or site, that was in existence prior to the adoption of this Zoning Ordinance, shall be subject to the requirements of this Section.

(2)

Redevelopment projects require compliance with standards for new construction in the Zoning Ordinance when the value of the proposed improvements exceeds the thresholds in Table 270-9, Redevelopment Thresholds Applicability.

(3)

Notwithstanding the above applicability, the added cost to construct the improvements shall not exceed 125 percent of the fair market value of the structure immediately prior to such redevelopment, or $20,000.00, whichever is greater. In such cases, the provisions requiring completion shall be applied in the order listed in the table below until the 125 percent cap is met.

(b)

Exemptions. The provisions of Section 270-9 shall not be mandatory for nonconforming detached single-family and two-family residential structures reconstructed following destruction pursuant to Subsection 270-6(a)(2)a.

(c)

Method of Calculating Thresholds.

(1)

Fair market value shall be determined by the DeKalb County Tax Assessor.

(2)

The phrase "construction costs" in this Section shall encompass all costs, including phased project costs, for a cumulative period of 36 months after the date of the initial redevelopment application.

(3)

Construction costs shall be calculated based on uses listed in the ICC Building Valuation DataConstruction Cost Table (latest published edition).

Table 270-9 Redevelopment Thresholds Applicability

(Ord. No. 743, 12-19-17; Ord. No. 748, 3-20-18; Ord. No. 757, 12-18-18; Ord. No. 768, 8-20-19; Ord. No. 776, 12-17-19; Ord. No. 798, 5-18-21; Ord. No. 805, 12-21-21)

(a)

Applicable Adaptive Reuse Projects.

(1)

Any structures, buildings or combination thereof that was/were constructed in accordance with building and zoning codes in effect prior to July 1,1974, or which has been determined to be Historically Significant Buildings. To be considered an Adaptive Reuse Project, a minimum of 75 percent of the floor area of the entire project shall not be new construction or additions. The retention of a minimum of 75 percent of each previously existing exterior wall is required to include a structure in the previously existing floor area calculation.

(2)

Exclusions. Any buildings or structures not considered to be a part of a defined Adaptive Reuse Proiectare required to comply with all the regulations of the UDO and may not follow the relaxed provisions/alternative compliance measures afforded to Adaptive Reuse Projects.

(3)

In no case shall any existing characteristics be made more deficient than previously existed prior to the redevelopment.

(4)

Any alternative compliance implemented for relief of a section shall not provide duplicate credit for another section, notwithstanding, multiple improvements may count for multiple alternative compliance credits (e.g.; if two deficient curb cuts are closed, those can count as two credits toward alternative compliance where that measure is offered as an option).

(b)

Altered Adaptive Reuse Standards. When the terms of this UDO require compliance, through discretionary improvements or triggered by section 270-9, Redevelopment Thresholds, for any Adaptive Reuse Project, the following alternative compliance is permitted as cross-referenced by the sections below:

(1)

Section 230-1—Maximum Impervious Surface.

a.

Increase stormwater collection through pervious pavers or other innovation above what is required by stormwater and impervious surface requirements.

b.

Improve upon existing conditions by 10 percent.

(2)

Section 230-6—Fences and Retaining Walls.

a.

Existing nonconforming retaining walls are permitted to remain without any required modifications. Usual and customary maintenance of said walls is permitted.

(3)

Section 230-26—Streetscape Design. Existing streetscape facilities are permitted to remain if all of the following is met:

a.

Sidewalk width shall be a minimum of 5';

b.

Streetscape shall be in good repair or appropriate improvements shall be made (e.g.; saw cutting and replacing sections with cracks);

c.

Street and pedestrian lighting and furniture is required for full redevelopment sites authorized by Section 230-26(h)(3). Applicable lighting and furniture standards are located in Sections 230-26(e) and (g); and

d.

Two of the following pedestrian improvements are provided (required improvements are determined in the order of priority that each of the improvements can be met):

1.

Close or minimize dimensions of existing curb cuts (to compliant dimensions).

2.

Add architectural interest to improve pedestrian experience (patios, entrance vestibule, etc.).

3.

Provide additional landscape materials and or large planters.

4.

Add active open space.

5.

Provide public art as approved by the Public Art Commission.

(4)

Section 230-27—Building Architecture.

a.

Where existing deficient buildings or structures are not adaptable by reasonable measures to the building architecture requirements, they are permitted to remain if the one of the following is met:

1.

Public art added to a deficient wall as approved by the Public Art Commission.

2.

Additional architectural elements added to the facade.

3.

Architectural patterns or detailing are provided.

(5)

Section 230-30—Open Space.

a.

Improve upon existing conditions by 10 percent.

(6)

Section 240-7—Accessory Use Standards (Commercial Dumpsters).

a.

Alternative dumpster locations not meeting setback and yard requirements because of existing site constraints are permitted if all of the following is met:

1.

Provide services for refuse and recycling collection.

2.

Shall be setback a minimum of 10 feet from sidewalk zone of the streetscape.

3.

Not permitted within visibility triangle.

(7)

Section 250-7—Parking except in NR-1, NR-2 districts and detached single-family residential uses in NR-3, VR, NC-1, and NC-2 districts. Existing parking configurations are permitted to remain if all of the following is met:

a.

Striping, paving, circulation to be in good repair or appropriate improvements shall be made (e.g.; repaving and striping); and

b.

Two of the following pedestrian improvements are provided (required improvements are determined in the order of priority that each of the improvements can be met):

1.

Close or minimize dimensions of existing curb cuts (to compliant dimensions).

2.

Add architectural interest to improve pedestrian experience (patios, entrance vestibule, etc.).

3.

Increase width of sidewalk (minimum 1 foot).

4.

Provide additional landscape materials and or large planters.

5.

Add furniture/lighting.

6.

Replace lot with pervious pavement.

(8)

Chapter 320, Article 3—Landscape Regulations.

a.

The Planning and Development Director is authorized to approve alternative compliance landscape plans upon a determination that one or more of the following conditions or opportunities are present:

1.

The subject site has space limitations or an unusual shape that makes strict compliance impossible or impractical;

2.

Physical conditions on or adjacent to the site such as topography, soils, vegetation or existing structures or utilities are such that strict compliance is impossible, impractical or of no value in terms of advancing the general purposes of this UDO;

3.

Safety considerations such as intersection visibility, utility locations, etc., make alternative compliance necessary; or

b.

Creative, alternative landscape plans will provide an equal or better means of meeting the intent of the landscaping and screening regulations of this UDO.

(9)

Section 350-2—Access Management.

a.

Deficient drive aisle widths that cannot be practically adjusted to be brought into conformance may remain as-is.

b.

Existing curb cuts are permitted to remain if all of the following is met:

1.

No alternative access is possible (including interparcel access);

2.

Line of sight at intersections not impacted;

3.

No alternatives exist for moving or closing;

4.

The subject property owner shall pay a fee in lieu for the estimated cost to close the curb cut and provide necessary improvements (e.g.; curb and gutter, landscaping, etc.) based on the adopted fee schedule. The access easement and payment into the fund shall be accomplished prior to issuance of a certificate of occupancy/completion; and

5.

The following phased approach is accommodated:

(i)

The subject property owner shall grant an access easement for the interparcel connectivity to any adjacent parcels on any block face.

(ii)

Should any of those adjacent parcels on the same block face redevelop in the future, existing curb cuts to the subject property shall be permanently closed with the installation of curb and gutter and landscaping so access is achieved from the adjacent property.

(iii)

The exact location of the retained curb cut, on either the subject or future redevelopment property, shall be determined at the time based on traffic analysis and shall be subject to the approval of the Planning and Development Director.

(iv)

When determining the number of curb cuts permitted to be retained through these phased alternative measures, it is dependent on meeting the Minimum Driveway Spacing in Section 350-2.

(Ord. No. 805, 12-21-21)

(a)

The following Space Dimensions Table states the space dimensions required for each lot in a zoning district:

Space Dimensions Table^{9, 10}

¹

Single-family detached residential developments in NC-1/NC-2 shall follow the dimension standards for NR-2.

²

See also open space provision in Section 230-30.

³

Additional height limitations are in place for any structure within the Runway Protection Zone, see Section 220-1. In addition, any construction within five miles of the DeKalb Peachtree Airport is subject to Title 14 of the Code of Federal Regulations (14 CFR) Part 77 and may require review by the Federal Aviation Administration.

⁴

Cul-de sac lots shall provide the minimum lot width at the front yard setback line. The lot width shall not be measured from the discretionary placement of the principal structure.

⁵

Front yard requirements for through lots. Buildings on through lots extending through from street to street shall provide the required front yard on all streets.

⁶

Detached houses constructed or renovated on a block face that is occupied by two or more detached houses shall comply with Section 230-3, Contextual Lot and Building Standards for Infill Development.

⁷

Side yard requirements are variable in the NR-3, VR, NC-1, NC-2, CC, CVC, VC, TOD and MU-BC, depending on the abutting zoning district; see Buffer Specifications Table below.

⁸

See Section 230-5 for height exceptions.

⁹

See Subsection 240-13(b)(1) for single-family attached (townhouse) dwelling dimensional standards.

¹⁰

Residential front yards.

a.

In single-family residential districts, the front yard shall be landscaped with the exception of driveways, terraces, and walkways, which may occupy a maximum of one-half of the front yard area.

b.

Automobile parking is only permitted in front yards when located on the permitted access driveway.

c.

Access driveways shall be paved with the concrete, asphalt, or paver surface.

(b)

Location and width of zoning buffers.

(1)

The following Buffer Specification Table states the minimum buffer specifications required for each zoning district.

a.

The required buffer strip shall be permitted to be included in the minimum yard area as specified in the appropriate zoning district in the Buffer Specification Table.

b.

Zoning buffers shall be planted to planting standards in Section 320-21.

Buffer Specification Table

(Ord. No. 743, 12-19-17; Ord. No. 748, 3-20-18; Ord. No. 757, 12-18-18; Ord. No. 776, 12-17-19; Ord. No. 784, 8-18-20; Ord. No. 805, 12-21-21)

(a)

Every building hereafter erected or moved shall be on a lot adjacent to an approved public or private street or alley, and all structures shall have safe and convenient access for servicing, fire protection, and required off-street parking.

(b)

In the event a land-locked lot exists that has been legally subdivided through the applicable subdivision process, as of the effective date of this zoning ordinance, the property owner shall be entitled to building permits, provided:

(1)

All other zoning and development standards are met or appropriate variances are approved to allow the lot to be developed or altered as proposed; and

(2)

The property owner has acquired an access easement to a publicly maintained street for single-family detached dwelling [use]. Said easement shall be duly recorded and made part of the property deed.

(Ord. No. 743, 12-19-17)

(a)

Single-family detached or attached houses constructed or enlarged on a block face that is occupied by two or more existing houses shall comply with parts (a) and (b) of this subsection, Contextual lot setbacks and Single-family detached residential threshold elevation, in lieu of the standards for front yard setbacks in the "Space Dimensions Table" of Section 230-1.

(b)

Contextual Lot Setbacks.

(1)

The front setbacks of a single-family attached or detached residences subject to these setback regulations must be located within the range of front yard setbacks observed by single-family detached residences that exist on the nearest two lots on either side of the subject lot (i.e.; two lots on both sides).

(2)

The front yard setback shall not be required to be any greater than 40 feet by the provisions in this section, regardless of the range observed by the reference parcels.

(3)

If one or more of the nearest two lots on either side of the subject lot is vacant, the vacant lot shall not be considered unless an as-built survey of a demolished house completed in the last two years, by a licensed surveyor in the State of Georgia, is available. In this case, the contextual setback shall be based on the next closest lot containing a detached single-family residence in the same direction on the same block face.

(4)

Lots that are separated from the subject lot by a street or alley may not be used in determining the street setback range.

(5)

If existing lots are proposed to be subdivided, the reference parcels used to determine the setback range for the purposes of determining contextual requirements shall be those immediately adjacent to and outside the parent parcel of the subject subdivision.

(6)

Through lots with homes oriented toward a different street shall not be used to determine contextual setbacks.

(7)

These contextual street setback regulations may not be used to reduce the setback of a street-facing garage door to less than 20 feet.

(8)

Contextual setback requirements shall not apply between the rear wall or walls of a house and the rear property line on a through lot.

(9)

The front setback range for a detached house on a corner lot is required only on the block face on which the proposed front facade is located.

(10)

Relief from the required setback range is permitted in accordance with the following:

a.

Contextual setbacks can be reduced to allow the front facade to be as close as the front setback standards in the "Space Dimensions Table" of Section 230-1 if the reduction accomplishes preservation of a tree stand or specimen tree as defined by Section 320-25, or to avoid encroachment into a stream buffer.

b.

Contextual setbacks can be relieved to be reduced (closer to the street) or increased (farther from the street) in accordance with the administrative variances procedures of Chapter 280, Article 5.

(c)

Single-family detached residential threshold elevation. The front door of the threshold of the new construction or remodeled house shall be at an elevation that meets one of the following requirements:

(1)

No more than three feet higher or lower than the previous elevation of the front door threshold of the house prior to the proposed construction; or

(2)

No more than three feet higher or lower than the average grade elevation of the lot at the front building line of the proposed house; or

(3)

No more than three feet higher or lower than the elevation of the front door threshold of the two nearest homes on the same block face on either side of the proposed construction.

(Ord. No. 743, 12-19-17; Ord. No. 748, 3-20-18; Ord. No. 757, 12-18-18; Ord. No. 776, 12-17-19; Ord. No. 805, 12-21-21)

(a)

The following setback encroachments are permitted:

(1)

Architectural features, such as: Cornices, eaves, chimneys, canopies, landings, bay windows, or other similar features may encroach into the required front, side, and rear yard setbacks, provided such encroachments do not exceed three feet, and provided such features are no closer than five feet to the side or rear yard property line.

(2)

Unenclosed decks, inclusive of staircases, may encroach into required rear yard setbacks up to 10 feet. To be considered unenclosed, decks may be covered, but may not be screened-in.

(3)

Unenclosed, uncovered patios, driveways, walkways, and similar surfaces may encroach all setbacks.

(4)

Unenclosed porches, carports, and stoops, inclusive of staircases, may encroach into required front yard setbacks up to six feet. For townhomes, such features may encroach up to the property line or the edge of an access easement in the case of a private street. To be considered unenclosed, porches and stoops may be covered, but may not be screened-in.

(Ord. No. 743, 12-19-17; Ord. No. 757, 12-18-18)

The height limitations of this zoning ordinance shall not apply to unoccupied portions of buildings such as spires, belfries, cupolas, domes, chimneys, mechanical and electrical equipment and associated screening, smokestacks, derricks, conveyors, flagpoles, or aerials. The maximum height allowed for these elements shall be the maximum height allowed in the designated zoning district plus an additional 15 percent. See also Section 220-1, Runway Protection Zone Overlay District.

(Ord. No. 743, 12-19-17)

(a)

This section regulates fences, walls, and fences and walls in combination.

(b)

General conditions.

(1)

Fences and walls shall be maintained in good repair.

(2)

Fences and walls may step down a slope, however supports shall be vertical and plumb.

(3)

Posts shall be anchored in concrete.

(4)

Posts shall face inward to the subject property.

(5)

Razor wire shall be prohibited on all fences and walls. Barbed wire shall be prohibited in all zoning districts except for Airport.

(6)

No chain link fence or similar elements shall be visible from any public plaza, ground-level or sidewalk-level dining area, or public right-of-way, unless located on property of an agricultural or industrial use.

(7)

Electric fences shall be prohibited.

(c)

Fences.

(1)

Fences in the front or street yard.

a.

Maximum height. Fences in the front or street side yard shall not exceed four feet in height and shall not extend into the public right-of-way. See Section 230-7 for corner lot restrictions. Ornamental posts and vehicular gates may be up to six feet in height, provided the surrounding fence is no taller than four feet. Properties with agricultural and industrial uses are allowed front- or street-side fences up to six feet in height.

b.

Materials. Fences in the front or street yard shall not be made of wire, woven metal, or chain link, unless located on property of an agricultural or industrial, use. All other fences shall be ornamental or decorative fences constructed of brick, stone, stucco, split rail, wood, aluminum, or wrought iron. The fence shall be a minimum of 50 percent transparent to reduce the appearance of an opaque structure along the sidewalk. Exposed block, tires, junk or other discarded material shall be prohibited fence materials.

(2)

Fences in interior side and rear yards.

a.

Maximum Height. Fences shall not exceed eight feet in height.

b.

Materials. If a fence is constructed of chain link or other metal fencing, fence shall be vinyl, powder-coated, or galvanized.

(d)

Retaining walls.

(1)

Maximum Height.

a.

Retaining walls in the front or street side yards are limited to four feet in height.

b.

A retaining wall located within 10 feet of a sidewalk along a public street shall not exceed two feet in height.

c.

Retaining walls shall be limited to eight feet in height in interior side and rear yards where the profile is visible from either the right-of-way or on a lot not part of the subject development. Conversely, wall profiles interior to a development whose profiles are not visible from rights-of-way or other lots have no maximum height; however, they are required to be tiered so no single tier is taller than 12 feet.

d.

Existing walls greater than 12 feet in height shall be exempted from these provisions where no changes are proposed on adaptive reuse sites pursuant to Section 270-10.

e.

Additional wall height, up to a total of 12 feet in height, is permitted if all of the following conditions are met:

1.

Stairs or other pedestrian access is provided for every 100 feet of wall length;

2.

Safety railing is required for any walls higher than 4 feet tall; and

3.

One of the following wall material/design requirements is met (for walls adjacent to a sidewalk, a minimum of two of the material/designs in this sub-section are required):

i.

The wall is faced with brick, stacked stone, or other masonry materials. Allan block or concrete are not permitted.

ii.

Public art (approved through Public Art Commission) or other patterning or design is applied to break up the visual profile.

iii.

The wall is tiered so no single tier is taller than four (4) feet adjacent to sidewalk and located in front yard or eight (8) feet for walls visible walls in side and rear yards. All tiers shall provide a minimum of three (3) feet in depth for landscaping on the tier.

(2)

Materials. Retaining walls visible from the public right-of-way shall be constructed of decorative concrete modular block or shall be faced with stone or brick or textured cement masonry, unless a more restrictive material is required to meet the height restrictions herein.

(e)

Method of measurement. Heights of fences and retaining walls shall be measured from the grade plane.

(f)

Exceptions. Temporary chain link security fences up to 6 ft. in height may be erected to surround a property up to 30 days prior and 30 days following completion of demolition, rehabilitation, or new construction.

(Ord. No. 743, 12-19-17; Ord. No. 757, 12-18-18; Ord. No. 776, 12-17-19; Ord. No. 784, 8-18-20; Ord. No. 805, 12-21-21)

On corner lots within all zoning districts, no fence, shrubbery, sign or other obstruction to traffic line of sight vision shall exceed a height of three feet within the triangular area formed by the intersection of right-of-way lines at two points measured 20 feet along the property line from the intersection. Within said triangle, there shall be no sight obscuring wall, fence or foliage higher than 30 inches above grade or in the case of trees, foliage lower than ten feet. Vertical measurement shall be made at the top of the curb on the street or alley adjacent to the nearest side of the triangle or if no curb exists, from the edge of the nearest traveled way.

(Ord. No. 743, 12-19-17)

(a)

General provisions for accessory structures. All accessory buildings and structures, including accessory dwellings shall be subject to the following additional requirements:

(1)

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

(2)

In all residential districts the building or structure shall be located no closer to the street than the principal structure.

(3)

An accessory structure may be located in a required interior side or rear setback. However, a separation of at least five feet shall be required between the building or structure and an adjoining lot line.

(4)

A maximum of three accessory structures shall be permitted per lot.

(5)

In all single-family zoning districts, the total of all accessory structures shall have a gross square footage of no greater than 50 percent of the gross square footage of the principal building with a 1,200 square feet maximum per lot.

(6)

No accessory structure shall be constructed upon a lot until construction of the principal building has commenced.

(7)

Where a building is attached to the principal building by breezeway, passageway or similar means, it is considered part of the principal structure and shall comply with the yard requirements of the principal building.

(Ord. No. 743, 12-19-17; Ord. No. 757, 12-18-18)

(a)

Intent. The City of Chamblee is committed to minimizing the short-term and long-term negative impacts construction has on the environment. The intent of this section is to provide owners and occupants of commercial buildings, offices, industrial buildings, multiple residences and senior citizen multiple residences with energy and water savings; good indoor air quality and healthy, pleasant and productive surroundings. A further intent of this section is to benefit the community by having buildings constructed that are resource-efficient and conserve energy.

(b)

Required Certification. Certification through EarthCraft (any level), LEED (any level), Green Globes (three (3) globes minimum to receive credit for this measure), National Green Building Standard (NGBS) (silver minimum to receive credit for this measure), or another comparable third-party certification program approved by the Planning and Development Director.

(c)

Applicability. This section shall be applicable to all new construction of a commercial building, office building, industrial building, parking garage, or multifamily residential building equal to or greater than 20,000 square feet of gross floor area. Furthermore, this section shall be applicable to all new construction of municipal buildings, regardless of square footage.

(d)

Sustainable Certification Checklist.

(1)

Every applicant who files a building permit application for construction of a commercial, industrial, office, or multifamily building equal to or greater than 20,000 square feet of gross floor area, shall provide a completed registration for an approved certification program in a format acceptable to the Planning and Development Director.

(2)

A building permit shall not be issued unless the LEED checklist, Green Globes checklist, or other approved certification program checklist shows that the proposed building will achieve enough points to attain the required certification level. No applicant shall be issued any building permits until the following are submitted and reviewed: (1) copies of the LEED checklist (or alternative certification); and (2) the registration of the proposed project with the USGBC (United States Green Building Council), or in the alternative, the registration of the project with the proper agency.

(e)

Sustainable Certification Closeout. No Certificate of Occupancy shall be issued unless and until the applicant produces verifiable documentation from the USGBC or GBI which affirms that the project is certified. However, upon completion of construction, satisfactory inspection by the Planning and Development Director and confirmation that all documentation has been submitted for required certification, the Planning and Development Director may issue a Certificate of Occupancy. Prior to issuance of a Certificate of Occupancy, the applicant shall submit a performance bond to ensure successful completion of the certification as set forth below. If the developer achieves certification status, the bond shall be released to the applicant.

Sustainable Certification Bond Table

(f)

Sustainability Measures.

(1)

Applicability. The sustainable development measures in this section shall be addressed by any new buildings and/or any redevelopment in excess of the 70 percent threshold outlined in Section 270-9, Redevelopment Thresholds that are exempt or not required to comply with the Sustainable Certification requirements of Section 230-9.

(2)

Exemptions. Single-family detached residential construction shall be exempt from the sustainability measures of this section.

(3)

Calculation and Evaluation.

a.

Minimum Points Required.

1.

All projects, unless otherwise noted, shall achieve a minimum of 5 points from any combination of the sustainable development measures as valued in Figure 230-9 "Sustainability Measures & Values."

2.

No partial points will be accepted.

b.

Minimum Requirements of the Measure. All points shall be awarded based on meeting the minimum requirements of each sustainability measure, as indicated in this section or elsewhere in the UDO.

c.

Newly Constructed Measures. Measures count only if they are part of the new development application; measures already in place at the time of application do not count, unless clearly shown on the plans and approved by the Planning and Development Director.

d.

Required Documentation. The following documentation is required:

1.

Documentation of which measures and total number of points the applicant will achieve shall be indicated on the Development Permit application submitted to the City.

2.

Documentation is required to clearly illustrate the extent to which the minimum requirements of each of the selected measures is to be met through permanent construction or policies.

(4)

Energy Category Measures.

a.

Energy Efficiency. Newly constructed buildings must demonstrate an average 10 percent improvement over the energy code currently in effect in the city. To receive credit for this measure, calculations shall be provided that compare the energy code requirements to the performance of the proposed building.

b.

Renewable Energy. Incorporate renewable energy generation on-site with production capacity of at least 5 percent of the building's annual electric or thermal energy, established through an accepted building energy performance simulation tool. The following renewable energy generation sources are applicable: solar thermal or photovoltaics, ground-sourced heating or cooling, fuel cells and micro-turbines using non-fossil fuel and wind energy conversion. Other means of generating electricity without using a fuel, such as kinetic, heat exchange, approved by the Planning and Development Director.

c.

Green Roof. Install a vegetated roof for at least 50 percent of any building roof area or roof deck; a minimum of 2,500 square feet is required to receive credit.

d.

Heat Island Reduction. Use any combination of the following strategies for 35 percent of all on-site, non-roof hardscape areas, including sidewalks, plazas, courtyards, parking lots, parking structures, and driveway: coverage of the surface at canopy tree maturity in 15 years, and/or solar reflective paving and roofing with a SRI (solar reflectance index) of at least 29.

e.

Energy Efficient Fixtures. Installation of ENERGY STAR appliances and LED light bulbs for a minimum of 80 percent of the fixtures and equipment. If there is not an ENERGY STAR option available in the market, those fixtures do not need to be included in the calculation.

(5)

Water Category Measures.

a.

Building Water Efficiency. All new plumbing fixtures installed shall be WaterSense labeled with the following minimum efficiency rates:

1.

Toilets: 1.1 gpf;

2.

Urinals: 0.125 gpf 3.

Faucets/aerator: 1.0 gpm, unless a higher flow rate is dictated by sink use (e.g.: kitchen prep sink).

b.

Water-Efficient Landscaping. Reduce potable water used for landscape irrigation by 50 percent from a calculated midsummer baseline case by using either one of the following methods: utilizing all xeriscape plant materials and providing no permanent irrigation system, or using only captured rainwater with an irrigation system.

c.

Pervious Pavement. Install an open grid or pervious pavement system that is at least 40 percent pervious on 65 percent of all hardscape surface areas, including sidewalks, plazas, courtyards, parking lots, and driveways. The water shall be directed into the groundwater or other acceptable storm accommodation per the Planning and Development Director.

d.

Water Reclamation. Install a water collection device to be used in lieu of potable water for irrigation, water features, etc. not already required by this chapter.

e.

Green Infrastructure. Install bioswales or other green infrastructure practices in lieu of a minimum of 10 percent (10%) traditional stormwater facilities. Easements shall be recorded at DeKalb Superior Court with a minimum radius extending five (5) feet out from the bioswale boundaries to ensure installments are maintained in perpetuity.

(6)

Transportation Category Measures.

a.

Lockable enclosed bicycle storage. Provide secure, enclosed bicycle storage space for 10 percent of building occupancy with no more than 10 spaces required.

b.

Bicycle.

1.

Repair Center. Provide a designated bicycle repair center open to the public and consisting of, at least one air pump, water, and basic tools for minor repairs.

c.

Transportation Access. Site must be within 1/4 mile of an existing or proposed transit stop with provision of enhanced access to transit and shall include one or more of the following:

1.

Construction of a bus turnout on development property or in adjacent street right-of-way and appropriate dedication.

2.

Construction of shared use paths installed with a minimum of 12 feet of width.

3.

Provision of direct platform connection to rail station.

4.

Additional easement for provision or enhancement of transit.

5.

Construction of bus stop improvements on or directly adjacent to the subject property, subject to the review and approval of MARTA and the Planning and Development Director.

6.

Installation of provisions for access by Shared Autonomous Vehicles (SAVs).

7.

Other items approved by the Planning and Development Director.

(7)

Tree Canopy Category Measures.

a.

Full-Site Preservation. Preserve all existing trees over six (6) inches DBH on the development site.

b.

Surplus Tree Planting. Addition of ten percent (10%) improvement over the tree canopy requirements above any City regulations, provided the additional tree canopy is advisable and willnot impact overall survivability or health of existing or added trees. Tree varieties shall be large deciduous shade trees.

c.

Specimen Tree Preservation. Preservation of a minimum of two (2) specimen trees on the property.

d.

Tree Stand Preservation. Preservation of a contiguous grouping of specimen trees and other high-value trees. Determination is based upon the following criteria:

1.

A relatively mature, even-aged stand.

2.

A stand with purity of species composition or of a rare or unusual nature.

3.

A stand of historical significance.

4.

A stand with exceptional aesthetic quality.

(8)

Alternative Measure. The applicant may submit an alternative sustainable development measure for approval by the Planning and Development Director. The measure shall further a sustainability goal and shall not be considered standard practice for current developments. The measure shall be unrelated to any of the other measures defined in this Section. Based upon their review, the Planning and Development Director shall approve for the number of points to be awarded. Required documentation shall clearly illustrate that the measure furthers a sustainability goal.

Figure 230-9 Sustainability Measures and Values

(Ord. No. 743, 12-19-17; Ord. No. 757, 12-18-18; Ord. No. 776, 12-17-19; Ord. No. 805, 12-21-21)

(a)

Applicability.

(1)

This Section shall apply to any newly developed multifamily residential uses or single-family attached (townhouse) dwellings consisting of four or more dwelling units.

(2)

This Section shall apply to any existing multifamily residential uses consisting of four or more dwelling units based on the redevelopment thresholds established in Section 270-9.

(3)

Residential recycling shall be maintained regardless of any change of ownership or collection service.

(b)

Required collections materials.

(1)

Developments required to provide residential recycling shall collect plastic bottles and containers (#1 - #7), paper products, and metal, including aluminum and steel cans, at a minimum.

(c)

Recycling Collectors. Developments may choose their own public or private recycling contractors or recycling firms to fulfill the requirements of this Section.

(d)

Private Collectors. When a private collector is used, the following applies:

(1)

Private collectors shall comply with all applicable federal, state, county and local laws, ordinances, rules and regulations.

(2)

Developments may negotiate prices, collection schedules, and storage locations for these services, provided they comply with the screening and location regulations of the UDO.

(3)

Private collectors shall be registered with the City.

(e)

Receptacles.

(1)

Multifamily developments shall be furnished with commercial containers for the collection of recyclables.

a.

The capacity of the receptacles or recycling area shall be adequate to hold the recyclable material of residents of the multifamily dwelling and shall be of a size not less than five gallons multiplied by the number of dwelling units.

b.

The recycling receptacle or recycling area must be clearly marked with recyclable wording and/or symbols and be easily accessed by the residents and the collectors for disposal.

(2)

Single-family attached dwellings may be provided individual roll-off carts with a minimum capacity of 20 gallons each.

(f)

Collection Frequency. The recycling program shall provide, at a minimum, once per week on-site collection of recyclable materials.

(g)

Recycling Education.

(1)

The property owner or managing agent shall be responsible for notifying and educating residents of the property on recycling issues and practices.

(2)

Within 30 days of occupancy, residents of each newly occupied dwelling unit shall be provided general recycling information and current program recycling guidelines.

(3)

At least annually, all residents shall be provided general recycling information and current program recycling guidelines. Proof of such notification shall be provided to the City.

(h)

Reporting.

(1)

The property owner or managing agent of any multifamily development shall provide annual reports to the City of the recycling tonnage.

(2)

Due to the complications with tracking disposal from individual roll-off carts, single-family attached dwellings are exempt from the reporting requirement.

(Ord. No. 798, 5-18-21)

The following standards shall apply to all zoning districts. When the requirements of these standards are more restrictive than other portions of the UDO, these standards shall prevail, unless expressly exempted.

(Ord. No. 743, 12-19-17)

(a)

The dimensions of all landscape zones, sidewalk clear zones, and supplemental zones are governed by street designation to ensure consistent application of the streetscape requirements.

Street Type Dimensions Table

Footnote:

¹  All lots with single-family residential development are exempt from the supplemental zone requirements.

²  Where multi-use trails are required, a 10' minimum is required for the sidewalk clear zone.

(b)

In addition to the requirements below, the City may provide developers with adopted typical streetscape designs for designated areas. Such design may include alternate dimensions, additional materials, details and specifications regarding street trees, street lights, litter containers, benches and similar sidewalk-related items. Conformity with the City Comprehensive Plan and any other plans adopted as addenda are also required where applicable.

(c)

Properties with required landscape, sidewalk clear or supplemental zones that are located on private property shall provide a permanent easement arrangement to ensure public access to said zones where required by the Planning and Development Director.

(d)

Where applicable, streetscape elements shall be installed in the right-of-way in accordance with the specifications in Section 350-54.

(e)

Landscape zone requirements.

(1)

All required street trees, streetlights, and pedestrian lights shall be provided in the landscape zone. Said zone shall be located immediately adjacent to the curb and shall be continuous. Along state routes, a minimum of 14' from the edge of travel lanes is required to meet GDOT standards for placement of street trees and lights in the landscape zone.

(2)

The requirements of Section 320-20 Landscape Zone Planting Requirements shall apply to all street tree and other plantings in the landscape zone.

(3)

Trees shall be located 40' on center.

(4)

Pedestrian lights shall be located between every other street tree (80 feet on center).

(5)

Street lights shall be located as required by the Planning and Development Department.

(6)

Landscaping shall be kept to no more than 36" tall for ground cover and limbed up to no lower than 6' above ground to provide clear, uninterrupted sight lines.

(f)

Sidewalk clear zone requirements.

(1)

Said zone shall be located immediately contiguous to the landscape zone and shall be continuous. Sidewalks meeting the standards of Section 230-26 shall be installed in sidewalk clear zones.

(2)

Sidewalks shall be unobstructed for a minimum height of eight feet.

(3)

Sidewalks within the sidewalk clear zone shall be designed to meet the construction standards of Section 350-7, Sidewalk and Bikeway Construction Standards.

(4)

Where newly constructed sidewalks abut narrower existing adjacent sidewalks, the newly constructed sidewalk shall provide an adequate transitional clear zone width for the purposes of providing a safe facilitation of pedestrian traffic flow between the adjacent sidewalks, as approved by the Planning and Development Director after review by the Public Works Director.

(5)

All existing sidewalks shall be replaced in accordance with these provisions, unless otherwise exempted.

(6)

Sidewalks shall be broom-finished concrete with 4" trowel edge along edge and joints.

(7)

Where no sidewalk exists on an adjacent property, the grade of new sidewalks shall be that which allows connectivity with future sidewalks on adjacent property.

(g)

Supplemental Zone Requirements.

(1)

Non-residential, multifamily, and mixed-use development supplemental zones shall be hardscaped. However, a maximum of 20 percent may be occupied by landscaping, planters, or other areas not accessible by pedestrians.

a.

This zone shall be used for the following pedestrian amenities: benches, trash receptacles, pet stations, bicycle parking racks, outdoor dining, display of public art, other street furniture, or other similar elements. The supplemental zone shall be located on private property.

1.

Façades shall be located immediately adjacent to the supplemental zone(s).

2.

At a minimum, at least one bench, one trash, and one recycling receptacle shall be provided on each street frontage, unless a bench or receptacle is already provided within 500' on the same street frontage. Benches shall not be installed with the back oriented toward the street.

3.

At least one additional pedestrian amenity shall be provided on each street frontage.

4.

Adjacent ground floor uses must be visible, accessible, and oriented toward the supplemental zone.

5.

The supplemental zone shall be no more than 24 inches higher than the adjacent sidewalk, unless existing topographical conditions render this requirement unreasonable, per approval of the Planning and Development Director.

6.

Any authorized walls surrounding landscaped and grassed areas shall not exceed 24 inches, except retaining walls which shall not exceed a maximum height of 36 inches, unless existing topographical conditions render this requirement unreasonable, per approval of the Planning and Development Director.

7.

Pedestrian amenities shall be connected to the public sidewalk with a public access easement where required by the Planning and Development Director.

8.

Storage, utility rooms, restrooms, or other accessory service uses shall not be located adjacent to the supplemental one.

(h)

Exemptions and Alterations.

(1)

Minor adjustments to the order and dimension of zones and interval placement of improvements like streetlights and trees, etc are permitted to accommodate existing or unavoidable site conditions like prior streetscape installations, utility banks, and poles.

(2)

Redevelopment of single-family residential sites may meet the requirements of this Section with the following:

a.

Existing sidewalks/landscape strips may remain, regardless of whether they are deficient in dimensions, provided any disrepair is corrected; and

b.

Right-of-way to meet the minimum dimensions of this section shall be dedicated to the City.

c.

Where there are no existing sidewalks, a fee in lieu of constructing new improvements is permitted in accordance with the adopted fee schedule; and

d.

Each of the above, as applicable, is required prior to issuance of certificate of occupancy.

(3)

All projects along a street frontage with a recently installed, or programmed to be installed, publicly funded streetscape project are permitted to apply the alternative compliance measures for streetscapes of Section 270-10(b)(3).

(Ord. No. 743, 12-19-17; Ord. No. 748, 3-20-18; Ord. No. 757, 12-18-18; Ord. No. 776, 12-17-19; Ord. No. 805, 12-21-21)

(a)

All buildings except for single-family residential.

(1)

Exterior building materials, that face the public right-of-way or are visible from adjacent properties, excluding architectural accents or metal split seam roofing, shall be primarily brick, glass, wood, stucco, or stone. Other materials not listed may be considered but shall be reviewed and considered by the Planning and Development Director.

(2)

Textured concrete masonry, cementitious fiberboard, or EFIS siding may be used as an exterior building materials, but shall not constitute the majority of any side of a building.

(3)

Cementitious fiberboard lap siding shall only be permitted on buildings less than 3 stories.

(4)

Masonry shall wrap corners to avoid appearance of being applied.

(5)

A maximum of 40 percent of a building facade is permitted to be clad with metal. Acceptable metal materials are limited to architectural metal panels, architectural metal cladding, metal mesh, and perforated metal. Standing seam metal roofing is permitted for the entirety of the roof surface. Examples of materials not permitted include but are not limited to: stock PEMB metal skins commonly referred to as "R-panel" and sheet metal systems with exposed fasteners, except as required for perforated metal.

(6)

Fenestration shall be provided for a minimum of 60 percent for commercial uses and 40 percent for all other applicable uses along the length of all building facades fronting storefront streets. Fenestration shall be provided for a minimum of 50 percent for commercial uses and 30 percent for all other applicable uses along the length of all building facades fronting all other street types. Fenestration percentages shall be measured according to the following:

a.

If the finished floor elevation is between zero and three feet above the sidewalk, fenestration requirements shall apply between a horizontal line no more than three feet above the sidewalk and a horizontal line no less than ten feet above the sidewalk;

b.

If the finished floor elevation is more than three feet above the sidewalk, fenestration requirements shall apply between the finished floor elevation and a horizontal line no less than ten feet above the finished floor elevation; or

c.

If the finished floor elevation is below the sidewalk, fenestration requirements shall apply between a horizontal line no higher than sidewalk level and a horizontal line no less than ten feet above the finished floor elevation;

d.

The length of facade without intervening fenestration or entryway shall not exceed 20 linear feet;

e.

Fenestration shall not utilize painted glass, reflective glass or other similarly treated or opaque windows. Entrances may be counted towards fenestration requirements.

(7)

When located on a lot with multiple frontages, each street-facing façade shall be treated architecturally as a primary façade as approved by the Planning and Development Director.

(8)

Service entrances, utility closets and other similar features shall not be oriented towards a public street.

(9)

Address numbers a minimum of six inches in height shall be posted in a visible location on each building.

(10)

All building façades shall have a minimum height based on the street type(s), which the subject building fronts:

a.

Local, private, and feeder streets: 12'

b.

Primary and secondary streets: 18'

c.

Boulevard streets: 24'

(11)

All buildings shall have roofs surfaced with a heat-reflective material.

(12)

Relationship of building to street.

a.

The primary pedestrian access to all sidewalk level uses and business establishments with public or private street frontage:

1.

Shall face and be visible from the public street when located adjacent to such street. When located adjacent to a street that functions as a storefront, boulevard, or primary or secondary street, said entrance shall face and be visible from such street.

2.

Shall be directly accessible and visible from the sidewalk adjacent to such street.

3.

Shall remain unlocked during business hours for nonresidential uses.

b.

Buildings with more than four residential units at the street level shall have front-facing entrances that are directly connected to the public sidewalk with a pedestrian walkway a minimum of five feet wide. Such access shall be perpendicular to the street, unless topography prohibits, and shall be permitted to share said walkway with one adjacent unit.

(b)

All single-family residential Buildings.

(1)

Metal shall be permitted only as metal split seam roofing or as an architectural accent.

(2)

When located on a Storefront, Primary, Secondary of Feeder Street the following additional requirement shall apply:

a.

Garage doors shall not be oriented toward the street or located on the street-facing facade;

b.

All new single-family detached residential dwellings shall provide a covered front porch that is a minimum of 8 feet wide and 6 feet deep.

(c)

Proportion and scale of building facades. The following requirements shall apply to all newly constructed buildings over 20,000 s.f., other than single-family structures, but including multi-level parking structures:

(1)

Building massing. All new development proposals shall incorporate means of reducing the apparent size and bulk of the building. Facades shall be broken up via offsets or recesses, both horizontally and vertically, in order to avoid creating a heavy or institutional appearance. The following methods for reducing the apparent size and mass of larger buildings shall be required:

a.

Discontinuous building massing: Every building shall reduce its perceived height and bulk by dividing the building mass into smaller scale components. Building walls exceeding 100 continuous linear feet shall utilize offsets, such as projections, recesses, and changes in floor level.

b.

Variation in building silhouettes: Variation in the roofline of buildings and offsets in pitched roofs and gables shall be required. Parapets in building masses exceeding 100 continuous linear feet shall be varied in height and projection and shall use decorative elements such as crown moldings, dental, brick soldier courses, or similar detail.

c.

The principal entry area of a building shall be articulated and express greater architectural detail than other portions of the building.

(d)—(f)

Reserved.

(g)

Accessory mechanical systems and features. Accessory mechanical systems, including utility meters, boxes, HVAC units, and other similar equipment shall not be located between the building and a public street. Efforts shall be taken to locate accessory mechanical system features including utility meters, boxes and other similar equipment so as to not be visible from the public right-of-way. When this is not possible or satisfied (because of existing site constraints or as required by Georgia Power or other authority), as determined by the Planning and Development Director, the following screening shall be required:

(1)

Roof-mounted systems. Roof-mounted systems shall be screened with an opaque wall constructed of materials similar to the primary building.

(2)

All other systems. Systems mounted on walls, ground, or elsewhere, shall be screened with an opaque wall constructed of materials similar to the primary building or sufficient landscaping to provide year-round screening. Alternatively, equipment may be ornamented with public art as approved by the Public Art Commission.

(Ord. No. 743, 12-19-17; Ord. No. 748, 3-20-18; Ord. No. 749, 3-20-18; Ord. No. 757, 12-18-18; Ord. No. 805, 12-21-21; Ord. No. 828, 11-21-23)

(a)

Building permits for multi-story buildings shall be restricted as follows:

(1)

Except as provided below, all buildings three or more stories in height, excluding all single-family dwellings (attached or detached), shall be constructed with concrete and steel framing materials (Type I or Type II in accordance with the 2012 International Building Code).

(2)

Mixed-use buildings with three or more stories that are constructed on sites following approved demolition of 20 or more multifamily dwelling units on the same property shall be permitted to use "podium" construction meeting the requirements of Section 510.2 of the 2012 International Building Code in which the basement and/or ground floor is of Type I-A construction and the stories above the ground floor are of Type V-A construction.

(Ord. No. 743, 12-19-17)

(a)

Storefront streets are designated on the Streetscape and Gateways Map.

(b)

All buildings that front storefront streets shall meet the following sidewalk level requirements:

(1)

The first floor shall have a minimum floor-to-ceiling height of 18 feet, unless a taller height is required by Subsection 230-27(c).

(2)

Ground floor uses shall be limited to non-motor vehicle-related uses, including restaurants, sales and rental of goods, merchandise, or equipment establishments, banks and financial institutions, or offices.

(3)

Motor vehicle-related uses as listed in Part 4.0 of the Permitted Use Table in Section 240-1, along with similar uses as determined by the Planning and Development Director, and their accessory structures are prohibited.

(4)

Drive-through facilities are prohibited.

(Ord. No. 743, 12-19-17; Ord. No. 757, 12-18-18)

(a)

The following section states the requirements for the provision of open space listed in the Space Dimensions Table, Section 230-1:

(1)

Open space may include common amenities, front yards, planted buffers, parks, and other hardscaped elements, and similar features which are located on private property and owned and operated as common space. No more than 25 percent of the required open space may consist of hardscape or paved materials, and the remaining percentage shall be permeable areas. Areas counted toward open space shall be specifically programmed as active or passive recreation.

(2)

Water features, including stormwater management that are designed and fully landscaped as an amenity may be counted toward open space requirements.

(3)

Required sidewalk, landscape, and supplemental zones; parking lot landscaping, and other leftover spaces of pervious area shall not be counted toward the open space requirements of this section.

(4)

A minimum of 50 percent of areas included in the minimum required open space shall be accessible to the public.

(5)

Public access easements for publicly accessible open space are required.

(b)

Open space implementation and maintenance.

(1)

All open space shall be fully implemented prior to occupancy and if not completed, a performance bond is required in accordance with Section 300-30.

(c)

Relocation of open space. Relocation of minimum open space requirements: At the option of the property owner, up to 50 percent of a development's required open space may be relocated to an off-site location provided:

(1)

The Planning and Development Director has reviewed and approved the transfer request;

(2)

The receiving parcel(s) is located within 1/4 mile of the donating property;

(3)

The receiving parcel(s) contains the required amount of open space;

(4)

All other standards of open space are met; and

(5)

When the receiving parcel(s) is not a newly created street, the following additional regulations shall apply:

a.

The open space shall be visible from public or private streets and sidewalks;

b.

The open space shall provide for active use by the public and include amenities such as fountains, pedestrian furniture, public art or other similar elements; and

c.

Open space on receiving parcel shall not be counted for more than one project.

(d)

Open space density bonus. For every one square foot of additional approved open space provided in excess of the minimum open space requirements, an additional ten square feet of development shall be permitted beyond the maximum FAR.

(e)

Reduction. Fee in lieu is permitted in accordance with the following:

(1)

If an existing park is within 1/4 mile of a project or a proposed park within 1/4 mile is scheduled for construction within five years of the issuance of a development permit, the minimum open space requirement for a development may be reduced by up to 50 percent, provided the distance shall be measured from the closest property lines of each subject property along the shortest path of travel for a pedestrian.

(2)

Fee in lieu. The fee in lieu shall be $250,000.00 per acre.

(Ord. No. 743, 12-19-17; Ord. No. 757, 12-18-18; Ord. No. 805, 12-21-21; Ord. No. 828, 11-21-23)

(a)

Purpose. The regulations of this division are intended to:

(1)

Permit reasonable uses of outdoor lighting for nighttime safety, utility, security, productivity, enjoyment and commerce;

(2)

Curtail and reverse the degradation of the nighttime visual environment and the night sky;

(3)

Preserve the dark night sky for astronomy;

(4)

Minimize glare, obtrusive light and artificial sky glow by limiting outdoor lighting that is misdirected, excessive or unnecessary;

(5)

Conserve energy and resources to the greatest extent possible; and

(6)

Help protect the natural environment from the damaging effects of night lighting from human-made sources.

(b)

Conformance with applicable regulations. All outdoor lighting devices must comply with the provisions of this section, the building code and the electrical code, required permits and inspections, as applicable.

(c)

Prohibited lighting. The following are expressly prohibited:

(1)

Aerial lasers;

(2)

Searchlight-style lights;

(3)

Light sources that exceed 200,000 lumens or intensity in any direction of 2,000,000 candelas or more;

(4)

Mercury vapor lamps;

(5)

Low-sodium vapor lamps;

(6)

Visually exposed neon lighting, except as part of an otherwise conforming sign pursuant to Chapter 260; and

(7)

LED light strips.

(d)

Exempt lighting. The following luminaries and lighting systems are expressly exempt from the regulations of this division:

(1)

Underwater lighting used for the illumination of swimming pools and fountains;

(2)

Temporary holiday lighting;

(3)

Lighting required and regulated by the Federal Aviation Administration, or other authorized federal, state or local government agency;

(4)

Emergency lighting used by police, fire, or medical personnel, or at their direction;

(5)

All outdoor light fixtures producing light directly from the combustion of fossil fuels, such as kerosene and gasoline;

(6)

Security lighting controlled and activated by a motion sensor device for a duration of ten minutes or less;

(7)

Signage that conforms with the standards of Chapter 260.

(8)

Streetscape lights authorized by the City.

(e)

Regulations.

(1)

Applicability.

a.

The regulations of this section apply:

1.

To all new developments and new buildings that require a permit;

2.

When a development or building project exceeds the 70 percent redevelopment threshold as indicated in Figure 270-9.

3.

Whenever existing outdoor lighting constituting 60 percent or more of the permitted lumens for the parcel is modified or replaced, no matter the actual amount of lighting already on the site.

(2)

General regulations.

a.

Outdoor lighting fixtures must be full cutoff and placed so as to allow no light above the horizontal as measured at the luminaire, except as herein noted in this section (as in the case of period fixtures, cutoff fixtures may be used).

b.

Outdoor lighting fixtures must be located, aimed or shielded to minimize glare and stray light trespassing across lot lines and into the public right-of-way.

c.

Flood or spot lamps must be positioned no higher than 45 degrees above straight down (half-way between the vertical and the horizontal) when the source is visible from any off-site residential property or public roadway.

d.

All light fixtures that are required to be shielded shall be installed and maintained in such a manner that the shielding is effective as described herein for fully shielded fixtures.

e.

Lighting on sites consisting of multiple uses must conform to the standards of the respective uses.

f.

Illumination levels are measured from any height and orientation of the measuring device at any location along the property line except the lighting of parking lots must be measured at grade with the meter sensor held horizontally at the surface.

(3)

Specific uses and activities. This subsection establishes supplemental lighting regulations for specific types of uses and activities. All lighting not directly associated with the special use areas designated below must comply with all other applicable regulations of this article.

a.

Outdoor sports, recreation fields and performance areas. Lighting of outdoor recreational facilities (public or private), such as, but not limited to, outdoor athletic fields, courts, tracks, special event or show areas must comply with the following regulations:

1.

Facilities designed for municipal leagues, elementary to high school levels of play and training fields for recreational or social levels of play, college play, semi-professional, professional or national levels of play must utilize luminaries with minimal up light consistent with the illumination constraints of the design. Where fully shielded fixtures are not utilized, acceptable luminaries include only those that:

(i)

Are provided with internal and/or external glare control louvers or lenses, and are installed so as to minimize up light and off-site light trespass and glare, and

(ii)

All lighting installations must be designed to achieve the illuminance levels for the activity as recommended by the Illuminating Engineering Society of North America (IESNA RP-6).

E1 = Areas with intrinsically dark landscapes, such as national parks, areas of outstanding natural beauty, etc.

E2 = Areas of low ambient brightness, including sensitive residential areas.

E3 = Areas of medium ambient brightness, generally being urban residential areas.

E4 = Areas of high ambient brightness, which would include dense urban areas with mixed residential and commercial use with high levels of nighttime activity.

2.

All events must be scheduled so as to complete all activity no later than 10:30 p.m. Illumination of the playing field, court or track is permitted after the curfew only to conclude a scheduled event that was unable to conclude before the curfew due to unusual circumstances. Field lighting for these facilities must be turned off within 30 minutes of completion of the last event of the night.

3.

All light poles must be set back a minimum 60 feet from any residential property line or right-of-way.

b.

Service station canopies and parking garages.

1.

All luminaries mounted on or recessed into the lower surface or service station canopies and parking structures must be fully shielded and utilize flat lenses.

2.

The total light output of luminaries mounted on the lower surface, or recessed into the lower surface of the canopy, and any lighting within signage or illuminated panels over the pumps, may not exceed 50 foot-candles. The total light output of other illuminated areas of a service station may not exceed 15 foot-candles.

3.

Illuminance levels for the interior of parking structures, where interior lighting is visible from outside the structure, must conform to IESNA recommendation RP-20.

4.

Lights may not be mounted on the top or sides of a canopy, and the sides of the canopy may not be illuminated.

c.

Security lighting.

1.

Security lighting must be directed towards the targeted area.

2.

Sensor activated lighting must be located in such a manner as to prevent direct glare and lighting into properties of others or into a public right-of-way, and the system must be designed and maintained so that lights are not activated by activity off of the subject property.

d.

Pedestrian path lighting. Lighting posts for pedestrian path lighting may not exceed 16 feet in height from finished grade.

e.

Architectural accent lighting.

1.

Architectural accent lighting includes fixtures used to accent architectural features, materials, colors, style of buildings, landscaping, or art. Such lighting shall have a correlated color temperature (CCT) of no more than 3,000 Kelvin.

2.

Lighting fixtures may not generate glare or direct light beyond the façade onto a neighboring property or street greater than 0.5 foot-candle value.

f.

Temporary lighting permits. The Planning and Development Department may grant permits for temporary lighting if the total output from the luminaries does not exceed 50 foot-candles, subject to the following regulations:

1.

The lighting may not remain for more than 30 days, except that permits for a major construction project may extend to completion.

2.

The lighting must be designed in such a manner as to minimize light trespass and glare.

3.

Temporary recreational lighting allowed by permit must be extinguished by 10:30 p.m.

g.

Parking areas.

1.

All lighting fixtures servicing parking lots must be directed downward and not towards buildings or other areas.

2.

Parking lots must be illuminated to a minimum illumination level of 0.4 foot-candles at grade level, and the ratio of the average illumination to the minimum illumination may not exceed 4:1.

3.

Light poles used in parking lots with 100 parking spaces or less may not exceed 30 feet in height, including the base. Light poles used in parking lots with more than 100 parking spaces may not exceed 40 feet in height, including the base.

(f)

Plans.

(1)

Applicants for any permit for any single-family residential use required by any provision of the ordinances of the city involving outdoor lighting fixtures must submit evidence that the proposed work will comply with the outdoor lighting regulations of this division.

a.

The submission must include the following information with the application for the required permit:

1.

Description of all proposed outdoor illuminating devices, fixtures, lamps, supports, reflectors. The description may include, but is not limited to catalog cuts and illustrations by manufacturers.

(2)

Applicants for any permit for any non-single-family use required by any provision of the ordinances of the city involving outdoor lighting fixtures must submit evidence that the proposed work will comply with the outdoor lighting regulations of this section.

a.

The submission must include the following information with the application for the required permit:

1.

Plans indicating the location on the premises of each outdoor illuminating device, both proposed and any already existing on the site.

2.

Description of all proposed illuminating devices, fixtures, lamps, supports, reflectors. The description may include, but is not limited to catalog cuts and illustrations by manufacturers.

3.

Photometric data, such as that furnished by manufacturers or similar, showing the angle of cut-off of light emissions.

4.

Photometric plans must include the maximum and average light layout.

b.

The above-required plans, descriptions, and data must be complete and accurate so that the Planning and Development Department is able to readily determine whether the proposal will comply with the requirements of this article.

(Ord. No. 743, 12-19-17; Ord. No. 757, 12-18-18; Ord. No. 776, 12-17-19; Ord. No. 799, 5-18-21)

(a)

The following regulations shall apply to uses in all zoning districts.

(1)

General use regulations. No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or altered, except in conformity with the regulations of this Unified Development Ordinance (UDO).

(2)

Permitted uses.

a.

The following table states the permitted principal and accessory uses authorized within each zoning district. Symbols used in the table have the following meanings:

P = Permitted as a principal use;

A = Permitted as an Accessory Use - See Section 240-7;

S = Permitted subject to Supplemental Use Standards of Section 240-13;

T = Permitted as a Temporary Use - See Section 240-14.

b.

The Planning and Development Director is authorized to prepare a written interpretation whether a proposed use not specifically listed in this table is so similar in nature to a permitted use that it is also intended to be permitted in the same zoning district(s). Such determination by the Planning and Development Director may consider factors such as:

1.

The common usage of two or more terms to describe the same land uses;

2.

The similarity in the scale and intensity of the uses;

3.

The similarity in the impacts of comparable uses in terms of traffic, noise, light, parking requirements, customers, hours of operation, impacts on the environment, and impacts on abutting properties.

c.

Any use not listed in the table as permitted within a district, and not determined by the Planning and Development Director to be similar in nature to a listed use, is prohibited within that district.

Permitted Use Table

* Taprooms are also allowed in PUD districts, as identified in an adopted PUD book use table.

(3)

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 Planning and Development Director, City Manager, nor the Mayor and City Council shall have the authority to grant variances or special 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.

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

e.

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

f.

Landfills and junkyards;

g.

Outside storage, including, but not limited to, cargo trailers, utility trailers, storage trailers, or other similar storage structures, on any property that is not customarily incidental and subordinate to the principal building or is not otherwise permitted by this section;

h.

Adult Massage Establishment, see definition in Chapter 110 under "Adult entertainment establishment," this does not refer to a "Massage establishment" or "spa establishment," see definition in Chapter 110.

i.

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

j.

Surface parking lots as a principal use.

k.

*Private bus stations. Private bus stations that are deemed legal non-conforming shall meet the Supplemental Use Standards for Bus Station [4.11].

(Ord. No. 743, 12-19-17; Ord. No. 748, 3-20-18; Ord. No. 757, 12-18-18; Ord. No. 771, 10-15-19; Ord. No. 776, 12-17-19; Ord. No. 784, 8-18-20; Ord. No. 805, 12-21-21; Ord. No. 809, 5-17-22; Ord. No. 813, 8-16-22; Ord. No. 823, 7-18-23; Ord. No. 828, 11-21-23; Ord. No. 834, 3-18-25)

(a)

General accessory use provisions. Accessory uses shall be permitted as a subordinate use to the primary use existing on the site. Certain accessory uses shall be subject to the additional standards described in this section. Accessory uses shall be operated in a way that presents no nuisance to the surrounding properties or larger community.

(1)

Accessory uses for commercial development shall include those normally appurtenant to such development, as provided for in other sections of this UDO.

(2)

Any accessory use normally appurtenant to a permitted use shall be allowed provided that such use conforms to all performance standards set forth for that district.

(3)

Such structures and uses shall be located on the same lot as the principal building to which they are accessory.

(4)

In all zoning districts, no accessory use shall be permitted in public rights-of-way.

(5)

Should these standards conflict with other standards provided in the UDO, the following design and development standards shall apply.

(b)

Specific accessory use provisions. The following accessory use provisions are organized by major use category as presented in Section 240-1, Table of Permitted and Prohibited Uses. Permitted use table reference numbers are presented in brackets [#].

(1)

Single-Family detached residential, with an accessory dwelling [1.1.2].

a.

The owner of the property shall reside on the property in either the principal dwelling or the accessory dwelling.

b.

The accessory dwelling shall be located within the primary dwelling (e.g., accessory apartment) or shall meet the locational and dimensional requirements for accessory structures.

c.

Accessory dwellings shall be permitted only on lots that are a minimum of 6,000 square feet in size.

d.

Only one accessory dwelling shall be allowed per lot.

e.

An entrance that is separate from the main dwelling shall be provided for the accessory dwelling unit.

f.

The property shall retain a single-family appearance from the street.

g.

There shall be at least one off-street parking space for the accessory dwelling unit in addition to base off-street parking requirements for the principal use as provided in Chapter 250.

h.

The size of the accessory dwelling unit may be no more than 50% of the gross heated floor area of the principal dwelling unit or a maximum of 1,000 square feet, whichever is less.

i.

The accessory dwelling shall be constructed with exterior materials, roof forms, and fenestration that is similar to or compatible with the principal dwelling.

j.

No business activity is permitted in the accessory dwelling unless it meets the requirements of a home occupation.

(2)

Home occupation, Low Impact film location.

a.

It is the intent and purpose of this section to provide for certain types of restricted occupational uses. Such uses are restricted to those which:

1.

Are incidental to the use of the premises as a residence;

2.

Are compatible with residential uses; and

3.

Do not detract from the residential character of the neighborhood.

b.

Home occupation [1.4.1]. Any building used for residential occupancy may conduct a home occupation use if:

1.

The primary use of the unit is residential;

2.

The following standards are complied with in full at all times:

(i)

Such use shall be conducted entirely within the dwelling unit and only persons living in the dwelling unit shall be engaged and employed in such occupation, and the number of residents employed shall not exceed two;

(ii)

No mechanical or electrical equipment is to be utilized except that which is necessarily, customarily, or ordinarily used for household or leisure purposes;

(iii)

No outside operations, storage, or display of materials or products shall be visible from the right-of-way or from any adjacent property;

(iv)

No accessory buildings shall be used in connection with the home occupation, unless the accessory building is used as an accessory dwelling unit or detached garage;

(v)

No alteration of the residential appearance of the premises occurs, including the creation of a separate entrance to the dwelling or utilization of an existing entrance exclusively for the business;

(vi)

There shall be no exterior evidence of the home occupation;

(vii)

No commodity shall be stocked or sold on the premises to the general public;

(viii)

Visitors, customers or deliveries shall not exceed that normally and reasonably occurring for a residence and shall, under no circumstance, exceed more than two business visitors an hour and eight a day and not more than two manufacturer or wholesaler direct deliveries of products or materials per week;

(ix)

No on-street parking associated with the business shall be permitted;

(x)

Only vehicles used primarily as passenger vehicles shall be permitted in connection with the conduct of the home occupation;

(xi)

The home occupation shall be restricted to 25 percent of the dwelling and shall not exceed 200 square feet of floor area, whichever is less; and

(xii)

There shall be no group instruction, assembly, or activity.

c.

Low Impact Film Location [1.4.2]. Any building used for residential occupancy may conduct a Low Impact Film Location use if:

1.

The primary use of the unit is residential;

2.

The following standards are complied with in full at all times:

(i)

A Home-Based Occupational Tax Certificate must be obtained by a primary resident who resides on-premises at the property located within the City of Chamblee.

(ii)

All film activities, preparation, and wrap-up shall be conducted entirely within the property lines of the licensed Home-Based Business address.

(iii)

No street, road, alley, or sidewalk shall be closed, barricaded, or other obstruction erected within a public right-of-way.

(iv)

Outside operations, storage, display, materials, products, or equipment shall be kept within the property limits and shall not be obtrusive to any adjacent properties.

(v)

No accessory buildings shall be used in connection with the Low Impact Film Location use unless the accessory building is used as an accessory dwelling unit or detached garage.

(vi)

No alteration of the residential appearance of the premises occurs, including the creation of a separate entrance to the dwelling or utilization of an existing entrance exclusively for the Low Impact Film Location.

(vii)

Up to 10 visitors (including film cast and crew) are permitted on the premises during the permitted film activity time.

(viii)

No on-street parking associated with the Low Impact Film Use shall be permitted.

(ix)

Normal hours of film activity shall be 9:00 a.m. to 6:00 p.m. daily.

(x)

Noise shall be kept to a minimum and shall not violate the provisions of Chamblee Code section 34-27, Sound level limitations.

(xi)

Filming shall be oriented away from adjacent or nearby properties and shall not include any other nearby properties.

(xii)

Lighting for filming should be oriented away from adjacent or nearby properties and shall not interfere with the safe movement of vehicular traffic.

(xiii)

No film activity may involve the use of explosives, fireworks or any type of pyrotechnics, fire, smoke-making machines, or other special effects.

(3)

Family day care homes [1.5.4].

a.

All outdoor play areas shall be enclosed by a fence or wall not less than four feet in height.

b.

Not more than 50 percent of the indoor floor area of a residence may be used for a day care facility.

c.

The outdoor appearance of day care facilities shall be residential in nature.

d.

No family day care home shall be located within 1,000 feet of an existing family day care home as measured by the shortest distance along public or private streets between parcels.

e.

Family day care homes shall be accessory to a residence.

f.

The owner of the family day care home shall reside on-site.

(4)

Automatic teller machines (ATMs) [5.5].

a.

ATM facilities may be located as follows when not located on storefront streets:

1.

As an accessory use with a drive-through service lane of a permitted bank;

2.

As a freestanding accessory structure with a drive-through service lane located in the parking lot of a multi-tenant commercial or mixed-use building;

3.

On the ground floor within a multi-story parking structure, provided that the entrance, exit and stacking lanes are separate from entrance and exit lanes of the parking structure; and

4.

As a walk-up vending machine adjacent to a public or private sidewalk when permitted as an accessory use to a bank, office building or commercial/retail use.

b.

On storefront streets, ATMs are permitted only when integrated into facades or when entirely internal to a building.

c.

All ATM installations shall comply with all the following requirements:

1.

A five-foot deep and four-foot wide privacy area shall be provided in front of the ATM. This would require an ATM to be set back in an alcove when located adjacent to a sidewalk.

2.

At the time that the ATM is removed, the structure's facade shall have a finished appearance consistent with the existing structure and shall be subject to the approval of the Planning and Development Director.

3.

Outdoor security lighting shall be required, subject to approval of the Planning and Development Director.

4.

The ATM shall be designed to meet the requirements of the ADA.

5.

A trash receptacle shall be located within 10 feet of the ATM.

6.

Installation shall not reduce any required landscape or parking areas. Required trees must be located and species of trees chosen appropriately to allow security lighting to take precedence.

7.

Stand-alone ATMs shall not be visible from the public right-of-way.

8.

A maximum of two wall signs are permitted with a total aggregate sign surface area not to exceed 16 square feet.

d.

Development standards for ATM facilities in parking lots or drive-through service facilities:

1.

Maximum height: 12 feet, including any signage or canopy.

2.

Minimum setback from right-of-way: 25 feet.

3.

Located a minimum of 125 feet from the property line corner of the nearest street intersection.

4.

ATMs are subject to the design requirements of Chapter 230 and the driveway and stacking space requirements of Chapter 250.

(5)

Satellite dishes [5.24].

a.

Satellite dishes larger than 24 inches in diameter are prohibited from being installed in single-family residential districts.

b.

No satellite dish may be placed in the front or street side yard of a single-family residential district.

c.

If a satellite dish is installed in a front or side yard in any other district, the overall mounted height of the satellite dish and the mounting pole shall not exceed 6 feet in height above the ground and the entire assembly shall be screened by an aesthetically pleasing encasement or allowable vegetation.

d.

Satellite dishes shall not be mounted on or attached to trees.

(6)

Swimming pools [6.7].

a.

Swimming pools having a minimum depth of two feet shall:

1.

Be located a minimum of ten feet from any property line, as measured from the edge of the water; and

2.

Be completely enclosed with an adequate protective fence of not less than six feet in height with latching or similar secure closure.

(7)

Building Material or other outdoor storage as an accessory use to sales [8.2.2].

a.

Outdoor storage shall be set back at least 15 ft. from any side or rear property lines.

b.

Outdoor storage shall be screened by a solid fence as required to screen view from adjacent property and public streets.

c.

Outside the fence, the perimeter of the outdoor storage area shall be landscaped to provide a year-round vegetative screen.

d.

Outdoor storage shall not be located in a front or street side yard.

(8)

Commercial dumpsters [8.4].

a.

A solid fence on three sides shall enclose all dumpsters.

b.

The height of the fence shall be equal to or higher than the height of the dumpster, in accordance with Section 230-6.

c.

The visible materials of the fence shall be made up of brick, stucco, stone, or wood or composite materials that are secured with metal joints and borders. Alternatively, a dumpster may be adorned with public art approved by the Public Art Commission.

d.

The operable side of the dumpster shall be concealed with a gate equal to or higher than the height of the dumpster. The gate shall be opaque and constructed of durable materials. Gates shall remain in the closed position unless actively being serviced.

e.

Dumpsters shall be placed in the rear yard and shall be located a minimum of five feet from property lines.

f.

In no case shall loading activities hinder or obstruct the free movement of vehicles, and pedestrians over a street, sidewalk, alley, or to interrupt parking lot circulation.

g.

Service activities within 300 feet of residential uses, including single-family detached, single-family attached, multifamily and mixed-use development with a residential component shall only be permitted Monday through Friday from 7:00 a.m.—10:00 p.m. and on Saturdays from 9:00 a.m.—9:00 p.m. This measurement shall be the shortest distance between the dumpster or dumpster enclosure and any point on the property line of the residentially used property. These restrictions shall also apply to any service activities within a mixed-use development located within 300 feet of any residential unit within that development. In this case, the measurement shall be the shortest distance between the dumpster or dumpster enclosure to the exterior wall of a residential unit.

h.

Temporary construction trash and recycling dumpsters, which are not enclosed, shall be permitted up until such time as the certificate of occupancy is issued.

i.

Access to dumpsters shall be provided via a paved, dust-free surface.

(9)

Keeping of animals [9.2]. Small animals, domestic fowl, farm animals, and bees shall be subject to the following specific regulations and all regulations promulgated by the county health department:

a.

Small animals.

1.

Up to three (3) small animals are allowed (cats, dogs, rabbits, goats, etc.), accessory to each dwelling unit or business establishment. On lots of 20,000 sq. ft. or more, up to four (4) small animals are allowed. One additional small animal is permitted for each 5,000 sq. ft. of lot area in excess of 20,000 sq. ft.

2.

In no case is more than one potbelly pig allowed. Potbelly pigs may be no greater than 22 inches in height at the shoulder or more than 150 pounds.

3.

Goats may be kept if they are Miniature, Dwarf, or Pygmy. Goats must be dehorned, and male goats must be neutered.

b.

Domestic fowl.

1.

Up to eight domestic fowl may be kept on any lot in addition to the small animals allowed. On lots greater than 10,000 sq. ft. that include a community garden or an urban farm, one additional fowl is permitted for every 1,000 sq. ft. of lot area over 10,000 sq. ft. in community garden or urban farm use.

2.

Roosters are not permitted.

3.

Structures housing domestic fowl must be located at least 10 feet away from any residential structure on an adjacent lot.

4.

Every person owning or keeping chickens or any other domestic fowl in the city is required to keep such fowl and chickens confined and not allow such chickens or fowl to enter any other property.

c.

Farm animals.

1.

Cows, horses, sheep, and other similar farm animals shall be limited to property having a minimum lot area of three acres. Any structure, pen, corral or other building appurtenant to the keeping and raising of farm animals must be located a minimum of 200 feet from any property line. Pigs, other than potbelly pigs, are not allowed.

2.

On these lots, one farm animal for every 10,000 sq. ft. of lot area is permitted.

d.

Bees.

1.

Bees are permitted in accordance with the State Department of Agriculture.

2.

Bees shall not be allowed on lots less than 10,000 sq. ft. in area.

3.

No more than four hives, each with only one swarm, are allowed on a lot.

4.

Hives may not be located within 20 feet of any lot line.

5.

Hives may be located in any side or rear yard.

6.

In rear or side yards where compliant bee hives are located, grass may be kept at a height of up to 24 inches.

(10)

Collection Containers [12.3].

a.

A maximum of one Collection Container may be located on each parcel.

b.

Containers shall only be permitted on a parcel that also contains a principal building that contains at least one operating business.

c.

Chamblee Police Department shall be furnished with a key to the locking mechanism.

d.

Containers shall be located as follows:

1.

Shall not be located within 1,000 feet of any other Collection Container.

2.

Shall not be located within 100 feet of any residentially zoned parcel.

3.

Shall not be located within 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 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 on a parcel abutting a Storefront Street as identified on the Streetscapes and Gateways Map located in the Appendix of this UDO.

7.

Shall not be located between a building and a street.

e.

Containers shall only be permitted to display signage on one side.

f.

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

g.

Collection Containers shall:

1.

Be fabricated of durable and waterproof materials not including wood;

2.

Be placed on a surface that is paved with durable cement;

3.

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

4.

Be no more than 84 inches high, 60 inches wide and 50 inches deep;

5.

Not be electrically or hydraulically powered or otherwise mechanized;

6.

Have the following information conspicuously displayed on at least two-inch type visible from the front of the Collection Container:

(i)

The name, address, 24-hour telephone number, and, if available, the Internet Web address, and email address of the owner and operator of the Collection Container and the parcel owner/owner agent;

(ii)

Address and parcel number of the site;

(iii)

Instructions on the process to register a complaint regarding the Collection Container to the City Code Enforcement Division;

(iv)

The type of material that may be deposited;

(v)

A notice stating that no material shall be left outside the Collection Container;

(vi)

The pickup schedule for the Collection Container;

(vii)

If owned by a nonprofit organization:

A.

A statement describing the charitable cause that will benefit from the donations; and

B.

The statement "This collection box is owned and operated by a nonprofit organization."

(viii)

If owned by a for-profit entity:

A.

"This donation is not tax deductible." and

B.

"This collection box is owned and operated by a for-profit organization."

h.

No collection overflow, litter, debris or dumped materials shall be present at any time;

i.

Shall be maintained in good working order and be graffiti-free at all times;

j.

Shall be serviced at least once per week between the hours of 9:00 a.m. and 6:00 p.m.

(11)

Solar energy system, accessory [12.5].

a.

Nonresidential. Active solar energy systems shall be allowed as an accessory limited use in all commercial or industrial zoning districts under the following standards:

1.

Roof-mounted solar systems. In addition to the building setback, the collector surface and mounting devices for roof-mounted solar systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built.

(i)

Pitched roof-mounted solar systems. For all roof-mounted systems other than a flat roof the elevation must show the highest finished slope of the solar collector and the slope of the finished roof surface on which it is mounted.

(ii)

Flat roof-mounted solar systems. For flat roof applications a drawing shall be submitted showing the distance to the roof edge and any parapets on the building.

(iii)

The underlying zoning district maximum height for these systems shall be complied with.

2.

Ground-mounted solar systems. Ground-mounted solar energy systems shall meet the minimum zoning setback for the zoning district in which located, or 25 feet, whichever is strictest. The height of the structure(s) shall not be taller than 25 feet in height.

3.

Visibility. Active solar systems shall be designed to blend into the architecture of the building or be screened from routine view from public rights-of-way or adjacent residentially-zoned property per the standards of Chapter 320.

4.

Approved solar components. Electric solar system components must have a UL listing.

5.

Plan approval required. All solar systems shall require a limited use approval by the Planning and Development Director.

6.

Plan applications. Plan applications for solar systems shall be accompanied by to-scale horizontal and vertical (elevation) drawings. The drawings must show the location of the system on the building or on the property for a ground-mount system, including the property lines.

7.

Plan approvals. Applications that meet the design requirements of this section shall be granted administrative approval by the Planning and Development Director.

8.

Compliance with building code. All active solar systems shall meet approval of the building code.

9.

Compliance with electric code. All photovoltaic systems shall comply with the National Electrical Code, current edition.

10.

No grid-intertie photovoltaic system shall be installed until evidence has been given to the Planning and Development Director that the owner has been approved by the utility company to install an interconnected customer-owned generator. Off-grid systems are exempt from this requirement.

b.

Residential. An application for a proposed solar collector/energy system located at a residence must meet the following standards as a limited accessory use:

1.

All solar energy collectors, whether ground-mounted or mounted on an existing structure, shall meet the minimum accessory structure zoning setbacks for the zoning district in which located. The height of the structure shall not be taller than the maximum allowed height of a structure in the zoning district in which located.

(12)

Freestanding mailbox [12.8]

a.

A Right-of-Way Encroachment Permit shall be required for any mailbox in the public right-of-way with a base that exceeds 27" x 27".

b.

Mailboxes shall not obscure visibility of streets and driveways.

(Ord. No. 743, 12-19-17; Ord. No. 757, 12-18-18; Ord. No. 776, 12-17-19; Ord. No. 805, 12-21-21; Ord. No. 823, 7-18-23; Ord. No. 831, § 4, 10-15-24)

In interpreting the distance requirements between incompatible uses, measurements shall be made along a straight line drawn from the closest point of the property line of the site occupied by the subject use to closest point of the property line of the site occupied by the limiting use. This applies to uses found in Section 240-13 that include distance requirements, including but not limited to: (1) Adult Entertainment, (2) Pawn Shops, (3) Personal Care Homes (group), (4) Kennels and animal hospitals, (5) Package Stores for the sales of alcoholic beverages, and (6) Tobacco products shop. Applicants for occupational tax certificates for these uses shall provide these measurements as prepared by a registered land surveyor.

(Ord. No. 743, 12-19-17; Ord. No. 776, 12-17-19)

(a)

Should these standards conflict with other standards provided in the UDO, the following design and development standards shall apply.

(b)

The following supplemental use provisions are organized by major use category as presented in Section 240-1, Table of Permitted and Prohibited Uses. Permitted use table reference numbers are presented in brackets [#].

(1)

Single-Family attached (townhouse) dwellings [1.1.3].

a.

Minimum width of lot: 20 ft.

b.

Total FAR (max): per zoning district.

c.

Maximum impervious surface: per zoning district and applied to the entire development.

d.

Max building height: per zoning district.

e.

Perimeter Yards: per zoning district.

f.

Interior Yards: none except there must be a minimum of 5 feet between the end of a townhome unit and any internal adjacent sidewalk, alley or street.

g.

Minimum lot size: 1,600 sq. ft.

h.

See Subsection 230-27(e) for minimum front porch dimensions.

i.

Each townhouse shall have a minimum of 200 sq. ft. of private yard space in either the front or rear, not including driveways and alleys.

j.

For townhome developments exceeding eight (8) units, the minimum open space shall be 20 percent of gross acreage of the development. The open space shall be common to the development.

k.

Minimum heated floor area of each Townhouse dwelling shall be 1,600 sq. ft.

l.

All townhouse dwellings shall include a side-by-side two-car garage that is either under the unit or detached. Garage doors shall be setback at least 18 ft. from the adjacent sidewalk or alley so that a parked vehicle in the driveway will not obstruct the sidewalk or alley.

m.

All townhouse buildings shall include a continuous sidewalk no less than 5 ft. in width connecting front entrances of all dwellings.

n.

No individual townhouse shall have vehicular access to an existing external street. A minimum of 50 percent of townhouse developments with more than 20 units shall have rear-entry garages. Alleys are permitted as the principal means of vehicular access for these units. See Section 350-3, Requirements for New Streets, for specifications of alleys.

o.

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

p.

The front facades of townhouse 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.

q.

If there are common areas, townhouse developments shall have a mandatory homeowner's association that shall own and maintain all common areas.

r.

All townhouse units shall provide a covered front porch that is a minimum of 8 feet wide and 6 feet deep.

(2)

Cottage cluster development [1.1.4].

a.

Cottage cluster development shall be designed to accommodate a minimum of four and a maximum of twelve detached dwelling units surrounding a shared internal courtyard. Each unit shall have a direct entrance from the courtyard.

b.

Each dwelling unit shall have a minimum of 500 square feet of heated floor area and a maximum of 1,500 square feet.

c.

The courtyards shall be a minimum of 2,500 square feet in size. A minimum of 70 percent of the courtyard shall consist of pervious material, of which a minimum of 50 percent of the courtyard shall be landscaped. Courtyards shall not be parked or driven upon except for emergency access and permitted temporary events.

d.

A cottage development may be subdivided into individual lots that do not meet the minimum street frontage requirements and may be treated as fee-simple or condominium lots.

(3)

Multifamily residences [1.2].

a.

"Four-sided architecture" is required, such that architectural features and materials shall be used in a consistent manner on all sides of the residential units.

b.

Multifamily residential and parking uses are not permitted on the ground floor within 100 feet of a public or private street. If such uses are located on the ground floor beyond 100 feet from a street, they shall be concealed and wrapped by other active uses positioned adjacent to the street. These uses shall not include private amenity space for residents of the building including but not limited to, leasing office, community rooms, private gyms, etc.

c.

Multifamily units shall provide a minimum of 60 percent of units with a balcony of sufficient size to be occupied.

d.

Surface parking lots shall be well lit and shall be limited to the rear or interior side yards. If visible from the street, they shall be screened with landscape materials as provided in Chapter 320, Article 3.

e.

Buildings shall conform to the following design standards:

1.

Sixty percent of exterior building materials on facades must be brick or stone.

2.

Masonry shall wrap corners to avoid appearance of being applied.

3.

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

4.

Roof line shall be varied.

5.

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

6.

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

7.

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

(4)

Live-work units [1.2.2].

a.

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

b.

If any, the minimum number of live-work units in a building is two.

c.

Each live-work unit shall contain a minimum of 2,400 gross square feet of which the nonresidential component shall be no less than 500 sq. ft. and shall be on the ground floor oriented to the street.

d.

The owner-proprietor of the business shall be the occupant of the residential portion of the unit.

e.

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

f.

The business use or activity shall not employ more than two persons other than the owner-proprietor.

g.

Permitted business uses in a live-work unit shall be one of the following types:

1.

Professional office, workshop, or design studio (art, architecture, engineering, jewelry design, real estate, marketing, counseling, etc.).

2.

Professional services (travel agent, hairdresser, nail salon, tanning salon, music sales or instruction, tutoring, etc.).

3.

Specialty retail sales (newsstand, books, jewelry, clothing, shoes, antiques, confections, coffee/tea, ice cream).

4.

Other similar uses subject to approval of the Planning and Development Director.

h.

The façade of the live-work unit shall meet the requirements of Section 230-27.

(5)

Mixed-use development [1.3]. Mixed-use development shall facilitate a live-work-play environment, minimize driving between uses, and promote walkability.

a.

Mixed-use developments shall comply with the supplemental regulations for each applicable use within the development.

b.

The following standards apply to residential portions of the building:

1.

Residential portions of the building shall have at least two entrances/exit ways to the ground floor that are separate from the entrances/exit ways used by occupants of nonresidential portions of the building.

2.

Primary entrance for the residential portion of the building shall be clearly visible from the street and shall face the street.

(6)

Convertible Space [1.3.2].

a.

Convertible space may be substituted for not more than 50 percent of the nonresidential use otherwise required in mixed-use buildings.

b.

Such convertible space shall be oriented toward the street or Rail Trail.

(7)

Group residential facility [1.5.1].

a.

Each group residential facility must obtain all license(s) and/or permit(s) required by the State of Georgia in order to operate. Each facility licensed and/or permitted by the State of Georgia must display its State-issued license(s) and/or permit(s) in plain view visible from the front doorway of the facility.

b.

Each group residential facility must obtain all necessary permits and inspections before a certificate of occupancy may be issued by the City. Certification evidencing satisfactory inspections must be displayed in plain view visible from the front doorway of the facility.

(8)

Personal care homes [1.5.2].

a.

General requirements.

1.

Each personal care home must obtain all license(s) and/or permit(s) required by the State of Georgia in order to operate. Each personal care home licensed and/or permitted by the State of Georgia must display its State-issued license(s) and/or permit(s) in plain view visible from the front doorway of the facility.

2.

Each personal care home licensed and/or permitted by the State of Georgia must obtain a business occupation tax certificate as required by Chapter 22 (hereinafter referred to as a "business license") from the City before beginning to operate. Each personal care home must display its City-issued business license in plain view visible from the front doorway of the facility.

3.

Each personal care home must obtain all necessary permits and inspections before either a certificate of occupancy or business license may be issued by the City. Certification evidencing satisfactory inspections must be displayed in plain view visible from the front doorway of the facility.

4.

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

b.

Personal care home, group.

1.

No group personal care home located in an NR-1, NR-2, or NR-3 zoning district may be operated within 1,000 feet of any other group personal care home. Distances shall be measured as provided in Section 240-12.

2.

If owned by a corporation, partnership, Limited Liability Company or any entity other than a natural person, the administrator identified in the state license application must reside in the group personal care home. If owned by an individual, the individual owner must reside in the group personal care home.

(9)

Child and personal care uses (including family daycare homes, group day care home, and child care learning centers) [1.5.3]. Family day care home, group day care home, and child learning centers shall meet all applicable state requirements and shall receive all necessary county board of health and state fire marshal approvals prior to issuance of a permit for construction and operation.

(10)

Extended-stay motels/hotels [1.7.4].

a.

Regulations.

1.

Extended-stay motels/hotels are limited to no more than 25 guest rooms per acre;

2.

Each guest unit must contain a minimum square footage per unit of 300 square feet;

3.

Extended-stay hotels/motels shall not be more than four stories in height;

4.

Extended-stay hotels/motels must be constructed on a tract of land containing at least two acres;

5.

Extended-stay hotels/motels must contain an enclosed, heated and air conditioned laundry space containing a minimum of three clothes washers and three clothes dryers for the use of guests;

6.

Extended-stay hotels/motels must provide a minimum of 1,000 square feet for recreational use by guests. In computing the 1,000 square feet requirement, swimming pools, fitness or recreation centers and other recreational facilities may be used in determining the square footage required by this subsection;

7.

Management must be on the property 24 hours a day, seven days a week;

8.

Daily maid service must be included in the standard room rate; and

9.

Parking areas must have security fencing and lighting in compliance with the Outdoor Lighting Ordinance.

b.

Change of location or name.

1.

No applicant shall operate, conduct, manage, engage in, or carry on an extended-stay motel/hotel under any name other than their name and the name of the business as specified on the occupation tax certificate.

2.

Any application for an extension or expansion of a building or other place of business where an extended-stay motel/hotel is located shall require inspection and shall comply with the provisions and regulations of this article.

3.

There is established an administrative fee to apply for a change of name for an extended-stay motel.

(11)

Short-term rentals [1.7.5].

a.

Rentals are only permitted in dwelling units.

b.

Rentals that do not include the entirety of a dwelling unit are not permitted without a permanent resident of the unit residing on-site for the entirety of the rental period.

(12)

Sales or rental establishments with drive-through facilities [2.3], Sales or rental establishments with drive-through facilities [2.6], and Restaurants with drive-through facilities [3.5].

a.

Such uses are not permitted on storefront streets.

b.

Applicants for drive-through facilities shall submit a plan demonstrating the adequacy of entrance and exit facilities, stacking spaces adjacent to service facilities, provision for circulation, and layout of parking areas as a part of the initial permitting phase.

c.

The Planning and Development Department may prohibit left-turn movements entering or leaving such establishment, may limit hours when such movements may be made, may require construction of deceleration lanes adjacent to entrances, and may make such other requirements as are reasonably necessary to assure safety to pedestrians and motorists and to avoid inconvenience and traffic congestion. Such requirements shall be determined after review of a traffic study submitted by the applicant, which is a required submittal for establishing such a use.

d.

Stacking spaces shall comply with Section 250-10.

e.

Drive-through facilities shall not be located between a building and the street.

f.

Drive-through service windows shall not be visible from any public right-of-way.

(13)

Convenient cash business [2.6].

a.

Convenient cash businesses are allowed only on lots with frontage on a Boulevard street, as identified in the Streetscape and Gateway Map in the appendix.

b.

Convenient cash businesses may not be located within 1,000 feet of an existing pawn shop or convenient cash business. Distances shall be measured as provided in Section 240-12.

(14)

Corner commercial [2.7].

a.

Corner commercial shall be limited to the Neighborhood Infill (NR-3) zoning district and located on a parcel that is not less than 15,000 sq. ft. and not more than one acre in size at the intersection of a feeder street with another feeder street or local street. The following uses are permitted within a corner commercial site:

1.

Barber and beauty shops and other similar operations.

2.

Bed and Breakfast.

3.

Bookstore.

4.

Child Day Care.

5.

Clinics, including medical, dental, chiropractic, osteopathic, and similar operations.

6.

Convenience store (no gasoline sales).

7.

Coffee shop.

8.

Laundry and dry cleaning.

9.

Fitness center.

10.

Food store and grocery.

11.

Growler store.

12.

Hardware store.

13.

Ice cream parlor.

14.

Newsstand.

15.

Pet grooming (no overnight boarding).

16.

Restaurant (no drive-through).

17.

Restaurant with outdoor dining.

b.

The property shall be designed in a manner consistent with UDO Design Guidelines Addendum 1.0, Section 3.3.

c.

Outside dining is permitted for an area not greater than 50 percent of the indoor seating area and shall be included in the minimum parking requirements.

d.

Corner commercial properties that abut single-family detached property shall provide a 15 ft. vegetated buffer and 6 ft. tall solid fence along the property line abutting the residential property as provided in Section 320-12.

(15)

Drive-in theater [2.8].

a.

Applicants for drive-through facilities shall submit a plan demonstrating the adequacy of entrance and exit facilities, stacking spaces adjacent to service facilities, provision for circulation, and layout of parking areas as a part of the initial permitting phase.

b.

The Planning and Development Department may prohibit left-turn movements entering or leaving such establishment, may limit hours when such movements may be made, may require construction of deceleration lanes adjacent to entrances, and may make such other requirements as are reasonably necessary to assure safety to pedestrians and motorists and to avoid inconvenience and traffic congestion. Such requirements shall be determined after review of a traffic study submitted by the applicant.

c.

Stacking spaces shall comply with Section 250-10.

d.

Drive-in facilities shall not be located between a building and the street.

(16)

Package stores for the sale of alcoholic beverages [2.18]. See Chamblee Code of Ordinances, Chapter 6 - Alcoholic Beverages, Article IV, Retail Package Sales of Distilled Spirits.

(17)

Pawn shops [2.20].

a.

Pawn shops are allowed only on lots with frontage on a Boulevard street, as identified in the Streetscape and Gateway Map in the City Comprehensive Plan.

b.

Pawn shops may not be located within 1,000 feet of an existing pawn shop or convenient cash business. Distances shall be measured as provided in Section 240-12.

(18)

Sporting goods retail with accessory indoor shooting ranges [2.25]. Under no circumstances shall a shooting range be permitted as a principal use. Sporting goods retail establishments with accessory indoor shooting ranges shall comply with the following provisions:

a.

Buildings containing shooting ranges shall have walls, ceilings, and floors that are impenetrable to the bullets of the firearms being used within it, and shall provide an absorption system for wall, ceiling and trap for bulletproofing and lead containment. Provisions shall also be made to stop glancing bullets or particles of bullets at the sides of the target area.

b.

Absorption systems shall be constructed of rubberized media such that a majority of captured projectiles remains intact.

c.

A ventilation system shall be installed and maintained within the range that complies with the standards and requirements of the Environmental Protection Agency (the "EPA").

d.

Buildings containing ranges shall comply with all requirements of the National Association of Shooting Ranges (NASR) and the Occupational Safety and Health Act (OSHA).

e.

All indoor shooting ranges shall be of such construction whereby the sound from the discharge of any firearm and the impact of any projectile shall not exceed the sound level limitations as set forth in Chapter 310, Article 4, "Noise" of this UDO.

f.

Fifty percent or more of the overall square footage of a structure containing shooting range facilities shall be used for the retail sale of sporting goods.

g.

Residential uses shall not be permitted on the same site as a retail sporting goods establishment with an accessory indoor shooting range.

h.

No piece of any projectile or target shall leave the building because of the activities taking place therein.

i.

All indoor shooting ranges shall comply with all local, state and/or federal regulations related to indoor shooting ranges.

j.

No firearms other than handguns, shotguns or rifles with a bore of 0.50 caliber or less shall be discharged on premises containing a shooting range.

k.

There shall be posted conspicuously inside any building containing a shooting range a sign stating the rules and regulations of the range.

(19)

Tobacco products shop [2.27].

a.

No tobacco products shop, including sale of e-cigarettes, shall be located within 1/2 mile of another tobacco products shop. Distances shall be measured as provided in Section 240-12.

b.

In the VC districts, tobacco products shops shall not exceed a floor area greater than 2,500 square feet.

(20)

Fireworks Sales [2.31].

a.

Outdoor sales of fireworks shall be limited to properties with an occupational tax certificate for indoor sales of fireworks.

b.

Outdoor sales shall be limited to 400 s.f. of the lot and shall be limited to 30 days in a calendar year.

c.

Required parking shall not be occupied for the outdoor sales of fireworks.

(21)

Restaurants with outdoor dining [3.2]. Outdoor dining for restaurant service is permitted subject to the following standards:

a.

No outdoor seating shall be used for calculating seating requirements pertaining to the location of, applications for, or issuance of a liquor license for any establishment nor shall the additional seats be used to claim any exemption from any other requirement of any county or state codes or ordinances.

b.

Outdoor dining abutting a public sidewalk shall be subject to the following additional development standards:

1.

Outdoor dining areas may not conflict with sidewalk clear zones. They may be counted toward the required supplemental zone. When located adjacent to a sidewalk clear zone, the outdoor dining area shall be clearly delineated.

2.

A minimum setback of at least 2 feet from the curb line shall be provided adjacent to on-street parking spaces in order to maintain adequate space for pedestrian access to motor vehicles.

3.

White string lighting may be permitted during operating hours.

4.

Outdoor entertainment shall not be amplified and shall cease at 10:00 p.m. Sunday through Thursday and at 11:00 p.m. Friday and Saturday.

(22)

Brew pubs [3.4]. Brewing activities shall be:

a.

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

b.

Shall be located in a wholly enclosed building.

c.

Production space shall be limited subject to state law.

d.

No outdoor equipment or outdoor storage is permitted.

(23)

Restaurants with drive-through facilities [3.5]. See Subsection 240-12(b)(12) Sales or rental establishments with drive-through facilities [2.3].

(24)

Restaurant Providing Hookah [3.6].

a.

Hookah shall be permitted only indoors.

b.

Minimum 2,500 sq. ft. of floor area required for customer seating.

c.

See International Building Code for mechanical ventilation requirements. Sprinklers may be required by the Fire Marshal.

(25)

Taproom [3.8].

a.

Fuel sales are not allowed on the same premises.

b.

No unenclosed outdoor equipment or unenclosed outdoor storage is permitted.

c.

A taproom shall obtain licenses to sell alcoholic beverages from the State of Georgia and from the City of Chamblee, and shall meet all requirements applicable to its business in city Code chapter 6, Alcoholic Beverages.

(26)

Automobile dealerships [4.1]. The following design standards shall apply to automobile dealerships:

a.

Land uses within the project shall be clearly marked, separated and isolated from each other:

1.

Customer parking (sales) from employee parking and service areas;

2.

Service areas from sales areas;

3.

Car display areas from all other areas; and

4.

Auto inventory lot areas.

b.

Auto dealerships on parcels larger than three acres may park up to six display vehicles between the principal building and the street, but not closer than 20 feet from the right-of-way.

c.

Service and storage areas shall not front or maintain a dominant position on the site as viewed from the public rights-of-way.

d.

All storage/service areas shall be screened from all public rights-of-way and any abutting noncommercial properties with a vegetative screen as per the buffer landscape and tree guidelines.

e.

If a car wash is provided as an accessory use to an automobile dealership, the supplemental regulations for car washes apply.

(27)

Motor vehicle repair and maintenance, not including substantial body work [4.3] and Motor vehicle repair and maintenance, including painting and body work and modification as principle use [4.3].

a.

No inoperable or junk vehicles are permitted.

b.

In existing developments, only employee and customer parking shall be permitted between the building and the street.

(28)

Automotive wash services (Car Wash), as a principal or accessory use [4.5].

a.

Car washes, where permitted as a principal use, shall provide a paved area located on the same lot for the storage of vehicles awaiting service. Said space shall be adequate in size to accommodate the number of vehicles equal to one-third of the practical hourly capacity of the washing facilities.

b.

Outdoor storage of vehicles, equipment or materials shall not be permitted.

c.

No permit shall be issued for any drive-through car wash where customers are served in their automobiles without approval of the Planning and Development Department as to the adequacy of entrance and exit facilities, reservoir spaces adjacent to service facilities, provision for circulation, and layout of parking areas.

d.

The Planning and Development Department may prohibit left-turn movements entering or leaving such establishment, may limit hours when such movements may be made, may require construction of deceleration lanes adjacent to entrances, and may make such other requirements as are reasonably necessary to assure safety to pedestrians and motorists and to avoid inconvenience and traffic congestion. Such requirements shall be determined after review of a traffic study submitted by the applicant.

e.

Stacking spaces shall comply with Section 250-10.

f.

Drive-through facilities shall not be located between a building and the street.

g.

Commercial car washes shall maintain certification with the Board of Natural Resources as meeting or exceeding applicable best management practices according to the State of Georgia Rules for Water Conservation Best Management Practices and Certification.

h.

Commercial Car Wash Water Recycling Requirement.

1.

All new commercial conveyor car washes, permitted and constructed after January 1, 2011 must install operational recycled water systems regardless of the water source. A minimum of 50% of water utilized will be recycled.

2.

The provisions of this ordinance do not apply to conveyor commercial car washes that were permitted or constructed before January 1, 2011.

3.

The provisions of this ordinance do not apply to self-service car washes or in-bay car washes.

(29)

Automobile rental establishments [4.7].

a.

Automobile rental establishments shall park all automobiles for lease in marked spaces that are separate and do not occupy required parking.

b.

Accessory car wash and service areas shall be conducted entirely within enclosed structures.

c.

If a car wash is provided as an accessory use to an automobile rental establishment, the supplemental regulations for car washes apply.

(30)

Gasoline stations with convenience stores [4.9].

a.

Gasoline fuel dispenser structures and associated vehicular services such as air pumps, vacuums, and other accessory uses shall not be located between a building and the street.

b.

If a car wash is provided as an accessory use to gasoline sales, the supplemental regulations for car washes apply.

(31)

Bus stop shelters. Bus stop shelters may be constructed and maintained in any district as permitted in Section 240-1, Permitted Use Table. Bus stop shelters shall meet the standards listed below:

a.

Bus stop shelters may be located within any street right-of-way or within the required setback of property, which abuts a street, and within the supplemental zones, but shall not be located so that they might obstruct the vision of drivers on the street as regulated in City Code.

b.

A schematic plan shall be submitted and approved by the Planning and Development Director for the construction of a bus shelter. The plan must include the following information:

1.

The location of the proposed shelter relative to street, property, and setback lines;

2.

The size and design of the shelter, including all four (4) elevations, building materials, and any public convenience or safety features such as a telephone, lighting, heating, or trash containers.

c.

Bus shelters are required to provide a trash receptacle and a bench.

d.

Signage shall be limited to 25 square feet.

(32)

Bus station [4.11].

a.

No motor carrier may remain on the premises for more than one hour at a time, except under extraordinary circumstances, such as inclement weather or mechanical failure.

b.

All motor carriers located on the station property shall require the driver or chauffeur to be actually present and in charge.

c.

Ticket sales may occur online or in-person; however, patrons shall be provided the opportunity to purchase tickets in-person at the bus station.

d.

An indoor area shall be available for use by patrons for waiting and purchasing tickets. This area is required to secure an occupational tax certificate and shall be included in a multi-tenant or stand-alone building.

e.

Bus loading area shall be located entirely on private property.

f.

Loading or storage shall not occupy required parking or loading spaces on the site.

g.

Operations of the bus station shall not interfere with the circulation of any other uses on-site.

h.

No overnight parking of personal vehicles shall be permitted.

(33)

Auto Broker [4.12].

a.

The brokerage shall be limited to office activities only.

b.

Vehicles for sale or lease shall not be delivered, displayed, stored, or parked on the premise at any time.

c.

Maintenance, repair, refurbishing, washing, or detailing of vehicles on the premises is prohibited.

d.

Use shall not be permitted on the same lot as any other auto related use.

(34)

Massage establishments [5.20]. See City of Chamblee Code of Ordinances, Chapter 22, Article VIII, "Massage and Spa Establishments" for applicable regulations.

(35)

Tattoo establishments [5.26].

a.

Clients or business-related visitors shall be by appointment only and scheduled only between the hours of 8:00 a.m. and 8:00 p.m.

b.

There shall be a minimum separation distance of 400 feet between tattoo establishments. Distances shall be measured as provided in Section 240-12.

c.

Tattoo parlors shall be separated by at least five hundred (500) feet from any residential district, existing residential use, religious institution use, day care use, public park or recreation facility, or school. Distances shall be measured as provided in Section 240-12.

d.

All federal, state and local regulations for tattoo establishments shall be met.

(36)

Spa establishment [5.28]. See City of Chamblee Code of Ordinances, Chapter 22, Article VIII, "Massage and Spa Establishments" for applicable regulations.

(37)

Adult entertainment establishments [6.1]. Adult bookstores, adult movie theaters, adult cabarets, and other adult entertainment establishments are subject to the following locational requirements in all districts in which they are permitted:

a.

Shall meet all requirements set forth by the City Code regulating Adult Entertainment Establishments in Chapter 22, Article VI.

b.

No adult entertainment facility shall be located within 1,000 feet of any other adult entertainment establishment, package store, or any parcel of land which is either named or used for residential use or purpose, any public park, any public or private school, any child care home or child care institution, any public library, or any place of worship. Distances shall be measured as provided in Section 240-12. Distances shall be measured as provided in Section 240-12.

(38)

Subdivision recreation centers (private) [6.8]. Renovation of existing swim and tennis clubs built prior to 2006 shall be exempt from the following provisions of the Unified Development Ordinance:

a.

Section 230-26, Street Types Dimension Table.

b.

Subsection 250-7(a)(1), Parking spaces.

c.

Section 320-20, Landscape strip planting requirements.

d.

Section 320-21, Off-street surface parking lot planting requirements.

e.

New subdivision recreation centers (private) shall meet all requirements of the UDO.

(39)

Craft brewery [7.7]. When located in the CC, CVC, TOD, MUBC Districts, the following supplemental regulations shall apply:

a.

Shall be a maximum of 20,000 square feet.

b.

No outdoor speaker systems shall be permitted.

c.

Production shall be in a wholly enclosed building.

d.

No outdoor equipment or outdoor storage is permitted.

(40)

Craft distillery [7.8]. When located in the CC, CVC, TOD, MUBC Districts, the following supplemental regulations shall apply:

a.

Shall be a maximum of 20,000 square feet.

b.

No outdoor speaker systems shall be permitted.

c.

Production shall be in a wholly enclosed building.

d.

No outdoor equipment or outdoor storage shall be permitted.

(41)

Dry cleaning plants [7.9].

a.

Dry cleaning plants using systems which make use of solvents rated at above 40 according to the Underwriters' Laboratories, Inc. Standard of Classification known as class I systems shall be prohibited.

b.

Dry cleaning plants which make use of solvents rated at more than five but less than 40 according to the Underwriters' Laboratories, Inc. Standard of Classification, known as class II and III systems, shall not be established in buildings with other occupancy and shall only be established in buildings which shall be set back not less than 20 feet from any side or rear property line and another building.

c.

The applicant for such a plant shall certify in writing and in the required plan that all the above conditions shall be met.

d.

Such dry cleaning plant shall comply with all of the requirements of the City, DeKalb County, and state fire prevention codes.

e.

Such plant shall be designed to operate in a manner that will not emit smoke, odor, or objectionable waste materials and which will not produce noise that will carry beyond the walls of the building occupied by such plant.

(42)

Innovator space [7.17].

a.

When located in the VC, CC, CVC, and TOD zoning districts the following standards apply:

1.

The maximum floor area in a building that may be used for innovator space shall be 10,000 square feet.

2.

Activities related to innovator space shall take place within an enclosed building and outdoor storage of materials, inventory, equipment, commercial vehicles or equipment is prohibited.

3.

Activities related to innovator space shall not result in emissions of noise, smoke, fumes, heat, or odors that leave the innovator space.

(43)