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

No building, structure, land, or open space shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, re-constructed, moved, or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.

(Ord. No. 480, § 1, 6-6-23)

In addition to the regulations of this zoning ordinance, the Americans with Disabilities Act (ADA) Accessibility Guidelines for buildings and facilities outlined in IBC Chapter 11 shall also apply.

(Ord. No. 480, § 1, 6-6-23)

Table 4.1 indicates the permitted uses within the city zoning districts. Additional use restrictions or conditions may apply to permitted or conditional uses as set forth in the supplemental standards found in this Article.

(a)

The uses listed in table 4.1 shall be permitted only within the zoning districts identified, and no use shall be established, and no structure associated with such use shall be erected, structurally altered or enlarged unless the use is permitted as:

(1)

A permitted use (P);

(2)

A conditional use (C) subject to the conditional use permit application procedures specified in article II of this chapter;

(3)

An administratively approved use (AP);

(4)

An accessory use (Pa) as regulated by Article IV of this chapter. Table 4.1 does not list all accessory uses but clarifies uses acceptable as accessory, though not typically considered primary uses for the zoning classification;

(5)

Uses lawfully established prior to the effective date of the ordinance from which this chapter is derived.

(b)

Any use not listed in Table 4.1 or interpreted to be allowed by the city manager pursuant to subsection d in this section is prohibited.

(c)

If there is a conflict between table 4.1 and the text of this chapter, the text shall prevail.

(d)

Interpretation of unlisted uses:

(1)

Where a particular use is not specifically listed in table 4.1, the city manager shall have the authority to permit the use if the use is similar to uses permitted by this article. The city manager shall give due consideration to the purpose and intent statements contained in this zoning ordinance concerning the base zoning districts involved, the character of the uses specifically identified and the character of the uses in question.

(Ord. No. 480, § 1, 6-6-23)

(a)

A unit or units of a multi-family residential building (including apartment, duplex and triplex units) may be used for childcare and/or tutoring services as a primary use of the unit(s), subject to the following conditions:

(1)

Only a bona fide non-profit 501(c)(3) corporation may operate a unit for childcare/tutoring as a primary use;

(2)

The non-profit organization operating a childcare/tutoring use shall not charge any fee nor accept any remuneration for such service;

(3)

Before commencing the use, the non-profit shall obtain a free permit from the city to operate a childcare/tutoring use as a primary use in a multi-family unit by submitting proof of 501(c)(3) status and designating the unit(s) where such use will take place; and

(4)

All apartment childcare/tutoring shall be conducted in compliance with applicable state and county regulations for such programs: including any requirements for adult-to-child ratio, qualifications for caregivers/tutors and any applicable fire and/or life safety regulations.

(b)

Within apartment developments, no more than one (1) unit per thirty (30) units may be devoted to apartment/tutoring as a primary use. In apartment developments containing less than thirty (30) total units, one (1) unit may be devoted to such use.

(c)

The city manager shall develop and publish reasonable regulations requiring apartment childcare/tutoring to provide appropriate insurance, obtain certificate of occupancy, demonstrate compliance with applicable state laws and regulations, submit to annual inspections by state or county regulators and inform the owner(s) of the property where such use is located when such a use is established.

(d)

The City of Clarkston disclaims any responsibility to monitor multi-family childcare/tutoring uses on an ongoing basis in any way.

(Ord. No. 480, § 1, 6-6-23)

(a)

The facility is operated by the resident-owner.

(b)

The building and lot meet all applicable city and state code regulations, including minimum lot standards.

(c)

A minimum of one (1) parking space per rental room is provided in addition to those required for the resident.

(d)

The structure contains a minimum of two thousand (2,000) square feet of gross heated floor area.

(Ord. No. 480, § 1, 6-6-23)

(a)

Day care nurseries, adult day care centers, kindergartens, child care learning centers, family child care learning homes and nursing, convalescent, or rest homes not used primarily for the treatment of contagious diseases, alcoholism, drug addiction, or mental illness shall meet all applicable state requirements, be licensed by the state where required and shall receive all necessary county board of health and fire marshal approvals prior to issuance of a permit for construction and/or operation.

(b)

Day nurseries and kindergartens shall meet the following additional criteria:

(1)

The lot on which such uses are established shall have access on a major or minor thoroughfare.

(2)

There shall not be less than thirty (30) square feet of indoor play area for each child at maximum enrollment, and not less than one hundred (100) square feet per child of outdoor play area at maximum enrollment.

(3)

The outdoor play area shall be enclosed by a fence not less than four (4) feet in height.

(Ord. No. 480, § 1, 6-6-23)

(a)

It is the intent and purpose of this section to provide for certain types of restricted occupational uses within residential zoning districts. 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)

In all residential zoning districts, any building used for residential occupancy may conduct a home occupation use provided that:

(1)

The primary use of the unit is a dwelling;

(2)

The following standards are complied with in full at all times:

(i)

Such use shall be conducted entirely within the dwelling unit;

(ii)

At least one (1) resident of the dwelling unit shall be present and engaged in the home occupation at all times that the home occupation is open for business;

(iii)

No more than three (3) total persons (including residents) may be employed by the home occupation at any given time.

(iv)

No mechanical or electrical equipment is to be utilized except that which is necessarily, customarily, or ordinarily used for household or leisure purposes;

(v)

No equipment that interferes with radio and/or television reception shall be allowed.

(vi)

No toxic, explosive, flammable, combustible, corrosive, radioactive, or other restricted materials shall be used or stored on the premises;

(vii)

There shall be no outside operations, storage, or display of materials or products;

(viii)

No accessory buildings shall be used in connection with the home occupation.

(ix)

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;

(x)

There shall be no exterior evidence of the home occupation, except for the sign permitted by this section;

(xi)

No commodity shall be stocked or sold on the premises to the general public;

(xii)

No process shall be used which is hazardous to public health, safety, or welfare;

(xiii)

Visitors, customers, or deliveries shall not exceed that normally and reasonably occurring for a residence and shall, under no circumstance, exceed more than eight (8) business visitors/customers per day and not more than two (2) manufacturer or wholesaler direct deliveries of products or materials per week;

(xiv)

No on-street parking associated with the business shall be permitted;

(xv)

Only vehicles used primarily as passenger vehicles shall be permitted in connection with the conduct of the home occupation; and

(xvi)

The home occupation shall be restricted to fifty (50) percent of the dwelling's floor space and shall not exceed four hundred and fifty (450) square feet of total floor area. Said home occupation use shall be clearly secondary to the use of the dwelling for dwelling purposes.

(c)

In all non-residential zoning districts, any building used for residential occupancy may conduct business provided that:

(1)

The home occupation shall not involve more than three (3) employees on site who do not live in the dwelling unit;

(2)

A home occupation may include professional and medical offices that are properly licensed and insured when required, office of a licensed/certified health service practitioner, including a surgeon, dentist dental surgeon, osteopathic physician, psychologist, or other medical practitioner licensed by the state, who receives and treats patients on the premises;

(3)

A home occupation may include the office of a person engaged in a profession, including a lawyer, an accountant, an auditor, an engineer, an architect, a real estate agent, or another profession similar in character, who receives and consults with clients on the premises;

(d)

A home occupation may have a single sign indicating the name of the business mounted as a wall sign on the dwelling, secured to the primary residential use, and having an area of no more than two (2) square feet.

(e)

Adult day care centers, day care nurseries, child care learning centers, family child care learning homes, tutoring and academic instruction are expressly permitted as home occupations by this zoning code.

(Ord. No. 480, § 1, 6-6-23)

(a)

Horticulture and agriculture activities may be conducted in the front, rear, or side yard of the lot.

(Ord. No. 480, § 1, 6-6-23)

(a)

Number permitted, the maximum number of poultry allowed per lot shall be determined by the total area of the lot whereupon the poultry are kept, in accordance with the following:

(1)

Less than 0.5 acres: a maximum of three (3) poultry are allowed.

(2)

0.5 acres to 1.0 acre: a maximum of five (5) poultry are allowed.

(3)

1.1 acres to 2.0 acres: a maximum of eight (8) poultry are allowed.

(4)

2.1 acres to 3.0 acres: a maximum of ten (10) poultry are allowed.

(5)

3.1 acres or greater: a maximum of twelve (12) poultry are allowed.

(b)

Enclosure and location of poultry.

(1)

Every poultry kept within the city must be contained by fence, corral, coop, pen or similar means sufficient to prevent said poultry from leaving the lot upon which they are kept.

(2)

Poultry shall be kept only in the rear of the lot.

(3)

Poultry must be housed at least twenty (20) feet from any property line and fifty (50) feet from any residence other than the owner's.

(4)

The keeping of poultry within the City shall be in compliance with all applicable regulations promulgated by the DeKalb County Health Department.

(c)

Prohibitions.

(1)

Roosters, it shall be a violation of this article for any person to keep a rooster within the city.

(2)

Commercial poultry. The keeping of poultry pursuant to this article is permitted for non-commercial, personal use only. The sale within the city of any poultry, eggs, meat or other poultry-related products derived from the keeping of poultry pursuant to this article shall be a violation of this article.

(3)

Nuisance. The keeping of poultry shall be conducted in such a manner so as not to unreasonably disturb the use or enjoyment of adjacent properties. Odor generated by poultry shall not be perceptible on adjacent lots. Noise generated by poultry shall not disturb a person of common and reasonable sensitivity to sound at the boundary lines of the lot upon which said poultry are kept.

(Ord. No. 480, § 1, 6-6-23)

(a)

In residential districts.

(1)

All outdoor storage must be stored in a side or rear yard and screened from all streets and adjacent properties by a wood fence at least six (6) (6) feet in height. The city manager may approve the substitution of plantings for the required fence.

(2)

Unenclosed carports and front porches may not be used for storing any materials other than firewood or recyclable materials within a city approved container.

(Ord. No. 480, § 1, 6-6-23)

(a)

This section shall apply to places of assembly for religious or secular purposes, Public Libraries, and Public Parks

(b)

Lighting shall be established in such a way that no direct light shall cast over any property line nor adversely affect neighboring properties.

(c)

Any building or structure established in connection with such use must be set back no less than fifty (50) feet from any property line.

(d)

Places of assembly must meet the provisions found in Article II, Chapter 3 of the Code of Ordinances of the City of Clarkston, Georgia.

(e)

No public library or public park shall be a permitted use within any zoning district of the city if the public library or public park lies on the same side of the street and is within one hundred (100) yards of the place of entrance of any business licensed to sell spirituous liquors pursuant to the provisions of Article II, Chapter 3 of the Code of Ordinances of the City of Clarkston, Georgia;

(1)

For the purposes of this ordinance, measurement shall be from the closest property line of the public library, public park, and the point of entrance of the business licensed to sell spirituous liquors as measured along the most direct route.

(Ord. No. 480, § 1, 6-6-23)

Accessory buildings, structures and uses determined by the city manager or his/her designee to be normally incidental to one (1) or more permitted primary uses are hereby permitted as follows:

(a)

Residential districts.

(1)

Accessory structures allowed in all residential districts may include, but are not limited to garages, storage sheds, and personal recreational facilities such as swimming pools and tennis courts.

(2)

Residential sheds, workshops, greenhouses or other such accessory buildings shall be located in a rear yard, are limited to one (1) story and shall not exceed one hundred and twenty (120) square feet in size.

(3)

All such structures shall be located on the same lot as and to the side or rear of the primary building. Accessory structures shall be located at least ten (10) feet from side or rear lot lines, or within the side- or rear-yard setback, whichever is greater. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the primary building.

(4)

Garages and other accessory buildings shall meet the dimensional standard requirements of the zoning district where they are to be located.

(5)

When an accessory structure is attached to the primary building in any manner, it shall be deemed part of the primary structure and subject to all primary structure requirements.

(6)

No accessory structure shall be constructed upon a lot before the primary building.

(7)

The area of the accessory building's footprint may not exceed fifty (50) percent of the primary structure's footprint.

(8)

Swimming pools must be enclosed by a fence not less than six (6) feet in height with a self-closing, self-latching gate and must comply with all applicable safety and health ordinances.

(9)

Heating and air conditioning units may encroach five (5) feet into the required rear or side setback.

(b)

Non-residential and mixed-use districts.

(1)

Such structures and uses shall be located on the same lot as the primary building to which they are accessory.

(2)

No accessory structure shall be constructed upon a lot before the primary building.

(3)

Such structures and uses shall not be permitted in a required front or side yard.

(4)

Accessory uses and structures such as garages, greenhouses or workshops, shall not be rented or occupied for gain.

(5)

Where a corner lot adjoins in the rear a lot in a residential district, no accessory building shall be located closer to the side street right-of-way line than the primary building or closer than twenty-five (25) feet to the rear property line.

(6)

When an accessory building is attached to the primary building by breezeway, passageway or similar means, it shall comply with the yard requirements of the primary building to which it is accessory.

(c)

Pools.

(1)

Accessory use swimming pools having a minimum depth of two (2) feet:

(i)

Shall be permitted only upon written approval of the county health department to indicate compliance with applicable health department swimming pool regulations.

(ii)

Shall be located a minimum of ten (10) feet from any property line.

(iii)

Shall be completely enclosed with an adequate protective fence of not less than six (6) feet in height and with an appropriate closure.

(d)

In all zoning districts, no accessory use shall be permitted in public rights-of-way except mailboxes, sidewalks, driveways, light posts, and decorative landscaping with the permission of the public works director.

(e)

Accessory structures may not be used for residential purposes, except for accessory dwellings in conformance with Sec. 414 of this article.

(Ord. No. 480, § 1, 6-6-23)

Accessory dwellings. Where listed as a permitted accessory use in a district, an accessory structure may be constructed and used as a residential dwelling place if the structure and use comply with the following regulations:

(a)

Accessory dwellings. Where listed as a permitted accessory use in a district, an accessory structure may be constructed and used as a residential dwelling place if the structure and use comply with the following regulations:

(b)

Accessory Dwellings are only permitted on lots with single-family detached residential dwellings as the primary structure.

(c)

Accessory dwellings must include their own independent code-compliant kitchen and bathroom facilities.

(d)

Accessory dwellings shall be limited to one (1) such structure per qualified lot.

(e)

Accessory Dwellings shall be located either beside or behind the principal building. No portion of an accessory building may be located in the front yard of the primary structure.

(f)

Notwithstanding any provision of the zoning ordinance limiting the size of accessory structures generally, Accessory Dwellings shall be permitted to have a first floor (main floor) area of up to one thousand two hundred fifty (1,250) square feet or the area of the first floor of the primary residential structure on the same lot, whichever is smaller.

(g)

The maximum permitted height for an Accessory Dwelling is eighteen (18) feet from the finished first floor height, except that, if the ridge of the accessory dwelling's roof is pitched with a minimum slope of six (6) to twelve (12), then the maximum roof height may extend up to twenty-five (25) feet. All parts of the roof extending above eighteen (18) feet from finished first floor height shall be so pitched. This provision is intended to allow Accessory Dwellings to be a maximum of one and one-half (1½) stories in height.

(h)

Each accessory dwelling shall be provided with at least one (1) off-street parking space located on the same lot as the accessory dwelling. Such required parking space shall consist of a space adequate for parking an automobile of standard dimensions, with room for opening doors and entering or leaving on both sides and with safe and convenient access to a public street or alley. The required accessory dwelling parking space shall be positioned in such a way that a standard sized automobile has the ability to ingress and egress from the space without moving another vehicle.

(i)

Accessory dwellings shall comply with all applicable codes for residential buildings, including the Americans with Disabilities Act.

(Ord. No. 480, § 1, 6-6-23)

(a)

Temporary uses are only permitted with the advance written approval of the city manager within fifteen (15)—thirty (30) days prior to the temporary use of the property. No permit for a temporary use shall be issued unless:

(1)

Written permission of the property owner is presented.

(2)

The temporary use is not located within twenty-five (25) feet of any public right-of-way.

(3)

Adequate parking, ingress and egress are provided on site.

(4)

All applicable provisions within this code are met.

(b)

No temporary use may last more than forty-five (45) consecutive days.

(c)

No more than two (2) temporary use permits may be obtained per parcel per year.

(d)

Temporary uses include festivals, farmer's markets, storage of construction equipment, tent sales or the sale of goods from any temporary location, including but not limited to, holiday sales, fireworks sales or Christmas tree sales, as well as other special events of community interest, and other uses that the city manager determines to fit within the intent and purpose of this section.

(e)

Food truck means a mobile conveyance equipped with facilities necessary to safely store and/or prepare food and/or drink for consumption, from which customers may directly purchase food and/or drink.

(1)

Temporary use permits issued by the city manager or his/her designee for a temporary food truck use shall not count toward the limit of two (2) temporary use permits per parcel per year as set out in this section. Food trucks approved by the city manager or his/her designee may be located within twenty-five (25) feet of a public right-of-way if approved for such location by the city manager or his/her designee.

(f)

Temporary structures and storage of construction equipment.

(1)

A temporary structure(s) or sign(s)for use in connection with a construction project or land subdivision development shall be permitted on the land of the project during the construction period if there is an active permit for the site.

(2)

Storage of construction equipment is permitted if there is an active permit for the site.

(Ord. No. 480, § 1, 6-6-23)