(Ord. No. 2013-52, § 2, 2-19-13; Ord. No. 2021-56, § 3, 3-16-21)

(Ord. No. 2021-56, § 4, 3-16-21)

(Ord. No. 2021-56, § 5, 3-16-21)

(Ord. No. 2021-56, § 6, 3-16-21; Ord. No. 2023-16, pt. II, 1-17-23)

(Ord. No. 2021-56, § 7, 3-16-21)

(Ord. No. 2017-41, § 3, 5-30-17; Ord. No. 2022-279, § 2, 12-20-22)

Additional Development Standards for OI

Sec. 1.0 Building Orientation

1.

All buildings sited on the periphery of the development and fronting on a public street shall be oriented to the thoroughfare of greatest traffic intensity based on traffic volume, number of travel lanes and pedestrian activity. Buildings may also be oriented to accessible open space and courtyards.

2.

Individual uses shall have pedestrian entrances directly adjacent to the public sidewalk and oriented toward the thoroughfare of greatest intensity. This requirement shall not preclude secondary entrances at the side or rear of buildings.

3.

Buildings may be oriented to face a courtyard and individual uses may have pedestrian entrances that open directly on to a courtyard.

Sec. 2.0 Architectural Standards

A.

Fenestration in the OI District. Architectural design of all buildings and structures shall adhere to the following standards:

1.

Windows and pedestrian entrances shall be provided on all primary building facades. Buildings on corner lots shall also provide windows on the secondary facade with pedestrian entrances on such facades provided at the owner's option.

2.

The length of primary facades shall not exceed 40 feet without intervening articulation, fenestration, architectural detailing or entryway.

3.

Significant building elements such as porches, canopies, towers, entry features, etc. that visually divide the facade shall be incorporated into building design.

4.

A maximum of 25 percent of fenestration treatments may utilize architectural detailing in lieu of glass materials to meet the fenestration treatment standards.

5.

Pedestrian entrances may be used to comply with the fenestration treatment standards.

6.

Service/utility areas or enclosures shall not be located in or be visible from public plazas or courts.

7.

Mechanical equipment shall not be installed in the front yard or the street side of the side yard of a corner lot.

B.

Building Materials. Exterior facades shall utilize brick, glass, hard coat stucco or approved Dryvit stucco, stone (including faux stone) or cement-based siding materials. Metal or metallic materials may be permitted, but shall not constitute more than 20 percent of any individual facade.

C.

Streetscape/Pedestrian Scale.

1.

Pavements, street trees, pedestrian scale lighting, street lights, benches, signs, trash receptacles, etc. along streets should be consistent and create an identifiable character for the development.

2.

Street trees with tree grates and landscaping are required on primary and secondary streets and medians.

3.

Sidewalks shall be constructed of concrete. Special textured pavers, brick, colored concrete, and pavers or a combination of these materials that provide patterns and/or decorative tones shall be used to accent sidewalk and plaza areas.

4.

A 10-foot wide streetscape is required on both sides of all public streets in the development. The streetscape includes a 4-foot curb zone (for street trees, street lights, landscaping and pedestrian amenities) and a 6-foot wide sidewalk.

D.

Parking Lot Landscaping.

1.

One (1) canopy tree shall be planted throughout designated parking areas for every eight parking spaces.

2.

Individual parking bays shall be separated by a landscape median having a minimum width of eight feet. In addition, end aisle landscaped islands having a minimum width of eight feet and a minimum depth of 16 feet shall be established for every 10 parking spaces.

3.

Parking lots fronting on any street shall be screened by a landscaped buffer having a minimum horizontal dimension of five feet and using the following, additional screening techniques. Acceptable screening shall be of durable construction materials and/or appropriate landscaping including:

a.

A trellis or grillwork of steel or cast iron with vines;

b.

A low masonry or stone wall or planter between 36 and 42 inches high combined with a five-foot landscaped buffer;

c.

Landscaped buffer of trees and evergreen shrubs sufficient to form a solid screen; or

d.

Landscaped berm of sufficient height and width to visually obscure parking areas.

E.

Parking Lot Standards.

1.

Shared parking between land uses is encouraged where it can be demonstrated that parking demands of the respective uses occur at different times of the day or on different days.

2.

Parking areas shall be designed as smaller, scattered lots rather than large lots and be screened from view from adjacent streets and building occupants. A guideline of 48 spaces as an upper limit is encouraged.

3.

Parking lots shall not be located between the primary facade of buildings and the street.

4.

Parking lots exceeding 48 spaces on a collector or local street or 100 spaces on an arterial shall be divided into smaller connected lots to minimize the impact of vehicles. Creation of substantially landscaped areas no less than eight feet wide shall be provided to divide large parking areas.

5.

Curb cuts for parking lots should be minimized by requiring shared entrances and exits, where appropriate. All developments shall provide interparcel access, with written agreements between adjacent property owners subject to approval by the Clayton County Department of Transportation.

6.

A pedestrian crosswalk shall be provided at all parking lot entrances and exits.

7.

Lighting shall be provided in parking lots and adjacent landscaped areas for greater visibility and security. All site lighting shall be designed to prevent spillover onto adjacent residential property.

8.

Permeable pavements, excluding such materials intended for industrial applications such as #57 stone, are permitted. Parking requirements may be reduced up to 10 percent in exchange for application of Low Impact Development design that routes stormwater into landscaped areas rather than sheet flowing to a storm water collection device.

(Ord. No. 2017-41, § 3, 5-30-17; Ord. No. 2018-25, § 5, 3-20-18)

Sec. 1.0 Intent

The intent of OIV is to allow uses included in the OI district in taller structures to encourage denser development in appropriate corridors.

Sec. 2.0 Permitted and Conditional Uses

The permitted and conditional uses for OIV are those included in OI.

Sec. 3.0 Additional requirements

Buildings in OIV shall be a minimum of six full stories. All other requirements in the OI designation shall apply to the OIV district.

(Ord. No. 2018-25, § 6, 3-20-18)

(Ord. No. 2017-41, § 3, 5-30-17; Ord. No. 2022-174, § 2, 8-16-22)

(Ord. No. 2017-41, § 3, 5-30-17)

(Ord. No. 2017-41, § 3, 5-30-17; Ord. No. 2018-25, §§ 1, 2, 3-20-18; Ord. No. 2018-130, § 2, 12-18-18; Ord. No. 2021-55, § 3, 3-16-21; Ord. No. 2021-196, Pt. I(§ 3), 9-21-21; Ord. No. 2023-14, Pt. II, 5-16-23; Ord. No. 2023-15, Pt. II, 1-17-23; Ord. No. 2024-197, § 1, 9-17-24)

(Ord. No. 2017-41, § 3, 5-30-17; Ord. No. 2024-197, § 2, 9-17-24)

(Ord. No. 2017-41, § 3, 5-30-17; Ord. No. 2017-88, § 1, 12-19-17; Ord. No. 2018-25, §§ 3, 4, 3-20-18; Ord. No. 2021-55, § 3, 3-16-21; Ord. No. 2021-196, Pt. I(§ 2), 9-21-21; Ord. No. 2022-174, § 3, 8-16-22; Ord. No. 2023-14, Pt. II, 5-16-23; Ord. No. 2023-15, Pt. II, 1-17-23)

Additional Development Standards for GB

Sec. 1.0 Building Orientation

1.

All buildings shall be oriented to the thoroughfare of greatest traffic intensity based on traffic volume, number of travel lanes and pedestrian activity.

2.

Individual uses shall have pedestrian entrances accessible from the public sidewalk and oriented toward the thoroughfare of greatest intensity. This requirement shall not preclude secondary entrances at the side or rear of buildings.

Sec. 2.0 Architectural Standards

A.

Fenestration in the BG District. Architectural design of all buildings and structures shall adhere to the following standards:

1.

Display windows and pedestrian entrances shall be provided on all primary building facades. Buildings on corner lots shall also provide display windows on the secondary facade with pedestrian entrances on such facades provided at the owner's option.

2.

Primary facades shall be detailed as storefronts and glazed with clear glass no less than 50 percent of the length of the facade to a minimum height of eight feet.

3.

The length of primary facades shall not exceed 40 feet without intervening fenestration, articulation, architectural detailing or entryway.

4.

A maximum of 15 percent of fenestration treatments may utilize architectural detailing in lieu of glass materials to meet the fenestration treatment standards.

5.

Pedestrian entrances may be used to comply with fenestration treatment standards.

6.

Service and utility equipment shall be screened to a minimum height of height feet using materials consistent with the building facade.

B.

Building Materials. Exterior facades visible from any thoroughfare shall utilize brick, glass, hard coat stucco or approved Dryvit stucco, stone (including faux stone) or cement-based siding materials.

Metal or metallic materials may be permitted, but shall not constitute more than 40 percent of any individual facade.

C.

Streetscape/Pedestrian Scale.

1.

Pavements, street trees, pedestrian scale lighting, street lights, benches, signs, trash receptacles, etc. along streets shall be consistent and help create an identifiable character for the area.

2.

Street trees with tree grates and landscaping are required on primary and secondary streets.

3.

Sidewalks shall be constructed of concrete. Special textured pavers, brick, colored concrete, and pavers or a combination of these materials that provide patterns and/or decorative tones shall be used to accent sidewalks.

4.

A 10-foot wide streetscape shall be required on the road frontage of any development. The streetscape shall include a curb zone having a minimum width of four feet (to accommodate street trees, street lights, landscaping and pedestrian amenities) and a sidewalk having a minimum width of six feet.

D.

Parking Lot Landscaping.

1.

One (1) canopy tree for every eight parking spaces distributed throughout designated parking areas shall be provided.

2.

Individual parking bays shall be separated by a landscape median having a minimum width of eight feet. In addition, end aisle landscaped islands having a minimum width of eight feet and a minimum depth of 16 feet shall be established for every 10 parking spaces.

3.

Parking lots fronting on any street shall be screened by a landscaped buffer having a minimum horizontal dimension of five feet and using the following, additional screening techniques. Acceptable screening shall be of durable construction materials and/or appropriate landscaping including:

a.

A trellis or grillwork of steel or cast iron with vines;

b.

A low masonry or stone wall or planter having a height of 36 to 42 inches;

c.

Landscaped buffer of trees and evergreen shrubs sufficient to form a solid screen.

d.

Landscaped berm of sufficient height and width to visually obscure parking areas.

E.

Parking Lot Standards.

1.

Shared parking between land uses is encouraged where it can be demonstrated that parking demands of the respective uses occur at different times of the day or on different days.

2.

Parking lots shall not be located between the primary facade of commercial buildings and the street.

3.

Parking lots exceeding 100 spaces shall be divided into smaller connected lots to minimize the impact of vehicles. Creation of substantially landscaped areas having a minimum horizontal dimension of eight feet wide shall be provided to divide large parking areas.

4.

Curb cuts for parking lots shall be minimized through the use of shared driveways, where appropriate. All developments shall provide interparcel access, with written agreements between adjacent property owners subject to approval by the Clayton County Department of Transportation.

5.

A pedestrian crosswalk shall be provided at all parking lot entrances and exits.

6.

Lighting shall be provided in parking lots and adjacent landscaped areas for greater visibility and security.

7.

Permeable pavements, excluding such materials intended for industrial applications such as #57 stone, are permitted. Parking requirements may be reduced up to 10 percent in exchange for application of Low Impact Development design that routes stormwater into landscaped areas rather than sheet flowing to a storm water collection device.

(Ord. No. 2017-41, § 3, 5-30-17)

(Ord. No. 2017-41, § 3, 5-30-17; Ord. No. 2018-25, § 7, 3-20-18; Ord. No. 2018-130, § 5, 12-18-18; Ord. No. 2022-174, § 4, 8-16-22; Ord. No. 2023-85, § 3, 4-18-22)

Additional Development Standards:

A.

Architecture and Appearance. In addition to the standards of this section, the following shall apply:

1.

Non-residential buildings:Sec. 6.8 - Architectural and Appearance for Commercial and Industrial (AC).

2.

Residential buildings:Sec. 6.7 - Architecture and Appearance (AA).

3.

Mixed-Use (Residential on top of Nonresidential): Use Sec. 6.8 or Sec. 6.7, depending on the use of the subject floor.

B.

Building Orientation.

1.

All buildings shall be oriented to the thoroughfare of greatest traffic intensity based on traffic volume, number of travel lanes and pedestrian activity. However, site design may allow buildings to be oriented to accessible open space courtyard and permitted uses may have pedestrian entrances that open directly on to a courtyard.

2.

Permitted uses shall have pedestrian entrances directly adjacent to the public sidewalk and oriented toward the thoroughfare of greatest intensity. This requirement shall not preclude secondary entrances at the side or rear of buildings.

C.

Fenestration in the UV District. Architectural design of all buildings and structures shall adhere to the following standards:

1.

Display windows and pedestrian entrances shall be provided on all primary building facades. Buildings on corner lots shall also provide display windows on the secondary facade with pedestrian entrances on such facades provided at the owner's option.

2.

Primary fonts shall be detailed as storefronts and glazed with clear glass no less than 60 percent of the length of the façade to a minimum height of eight feet.

3.

The length of primary facades shall not exceed 20 feet without intervening articulation, fenestration, architectural detail or entryway.

4.

Significant building elements such as balconies, porches, canopies, towers, entry areas, etc., that provide relief and visually divide the façade shall be incorporated into the building design.

5.

A maximum of 15 percent for fenestration treatment may utilize architectural detailing in lieu of glass materials to meet the fenestration treatment standards.

6.

Pedestrian entrances may be used to comply with the fenestration treatment standards.

7.

Multi-level buildings with commercial, office, or service uses shall create a clearly defined street edge and provide upper-story activities which overlook the street and plazas.

8.

Service/utility areas or enclosures shall not be located in or be visible from public plazas or courts.

D.

Building Materials. Exterior facades visible from any thoroughfare shall utilize brick, glass, hard coat stucco or approved Dryvit stucco, stone (including faux stone) or cement-based siding materials. Metal or metallic materials may be permitted, but shall not constitute more than 10 percent of any individual facade.

E.

Streetscape/Pedestrian Scale.

1.

Pavement, street trees, pedestrian scale lighting, street lights, benches, signs, and trash receptacles, etc. along streets should be consistent and help create an identifiable character for the area.

2.

Street trees with tree grates and landscaping are required on primary and secondary streets.

3.

Sidewalks shall be constructed of concrete. Special textured pavers, brick, colored concrete, pavers or a combination of these materials that provide patterns and/or decorative tones shall be used to accent sidewalks and plazas.

4.

A 14-foot-wide streetscape is required on both sides of the street that includes ground floor retail and office uses. The streetscape includes a 4-foot curb zone (for street trees, streetlights, landscaping and pedestrian amenities) and a 10-foot wide sidewalk.

5.

Pedestrian-oriented ground-floor retail, restaurant or other pedestrian-oriented use is required on building fronts. Public facilities such as a library or community center also would be considered pedestrian-oriented uses.

F.

Parking Lot Landscaping.

1.

One (1) canopy tree for every four parking spaces distributed throughout designated parking areas shall be provided.

2.

Individual parking bays shall be separated by a landscape median having a minimum width of eight feet. In addition, end aisle landscaped islands having a minimum width of eight feet and a minimum depth of 16 feet shall be established for every 10 parking spaces.

3.

Parking lots fronting on any street shall be screened by a landscaped buffer having a minimum horizontal dimension of five feet and using the following, additional screening techniques. Acceptable screening shall be of durable construction materials and/or appropriate landscaping including:

a.

A trellis or grillwork of steel or cast iron with vines;

b.

A low masonry or stone wall or planter between 36 and 42 inches high combined with a five-foot landscaped buffer;

c.

Landscaped buffer of trees and evergreen shrubs sufficient to form a solid screen; or

d.

Landscaped berm of sufficient height and width to visually obscure parking areas.

G.

Parking Lot Standards.

1.

Shared parking between land uses is encouraged where it can be demonstrated that parking demands of the respective uses occur at different times of the day or on different days.

2.

On-street parking on public streets in the Urban Village District may be credited toward required parking, provided the spaces are located along the frontage of the property accepting this parking credit.

3.

Parking areas shall be designed as smaller, scattered lots rather than large lots and be screened from view from adjacent streets and building occupants. A guideline of 48 spaces as an upper limit is encouraged.

4.

Parking lots shall not be located between the primary facade of commercial buildings and the street.

5.

Parking lots exceeding 48 spaces on a collector or local street or 100 spaces on an arterial shall be divided into smaller connected lots to minimize the impact of vehicles. Creation of substantially landscaped areas no less than eight feet wide shall be provided to divide large parking areas.

6.

Curb cuts for parking lots should be minimized by requiring shared entrances and exits, where appropriate. All developments shall provide interparcel access, with written agreements between adjacent property owners subject to approval by the Clayton County Department of Transportation.

7.

A pedestrian crosswalk shall be provided at all parking lot entrances and exits.

8.

Lighting shall be provided in parking lots and adjacent landscaped areas for greater visibility and security.

9.

Permeable pavements, excluding such materials intended for industrial applications such as #57 stone, are permitted. Parking requirements may be reduced up to 10 percent in exchange for application of Low Impact Development design that routes stormwater into landscaped areas rather than sheet flowing to a storm water collection device.

H.

All other development standards not addressed herein, apply.

I.

Require modification of an approved plan proposal for an Urban Village development be reviewed and approved by the Board of Commissioners, per the standards of Article 10 Boards and Commissions, Article 13 Procedures and Article 12 Site-Development.

J.

Open Space Requirements.

1.

Shall maintain a minimum of twenty (20) percent of the gross area of the site as dedicated open space held in common ownership.

2.

Recreational open space area. At least one-half of the minimum required open space shall be usable, active recreational open space that is accessible to all residents of the UV. Recreational facilities such as playgrounds, athletic fields, or picnic pavilions shall be provided at a minimum.

3.

Location of open space. Common open space shall be planned in locations visible and accessible to all in the UV. The common open space may either be centrally located along the road frontage of the development, located to preserve significant natural features, or located to connect open spaces, such as parks, common greens, plazas or buffers, throughout the development.

4.

Pedestrian Connections. All open space areas and public spaces shall be linked with each other and with existing and future open spaces in adjacent development through the required sidewalk system or use of pedestrian pathways as identified within Section 6.14, Public Sites and Open Space Standards of the Subdivision Ordinance [Section 86-159. of this Code].

5.

Protection of open space. The dedicated open space shall be set aside by the developer through an irrevocable conveyance that is found acceptable to the County, such as: recorded deed restrictions, covenants that run perpetually with the land or conservation easements. Such conveyance shall assure that the open space will be protected from all forms of development, except as shown on an approved site plan, and shall never be changed to another use. The dedicated open space shall forever remain open space, subject only to uses approved by the County on the approved site plan. Further subdivision of open space land or its use for other than recreation or conservation purposes, except for easements for utilities and septic systems, shall be strictly prohibited.

6.

Allowable structures. Any structure(s) or building(s) accessory to a recreation use may be erected within the dedicated open space, subject to the approved open space plan.

7.

Areas not considered open space. The following land areas are not included as dedicated open space for the purposes of this Article:

a.

Area proposed as single-family residential lots.

b.

Area proposed to be occupied by multiple-family dwellings, including the minimum required setbacks around buildings.

c.

Any portion of the project used for office, institutional, commercial, or industrial purposes, including the minimum required setback around buildings.

d.

The area of any street right-of-way or equivalent private road easement.

e.

Any required stormwater detention or retention facilities.

f.

Any required landscapes strips and or buffers.

g.

Any submerged land area of a lake, river, stream or stormwater detention, or retention pond.

(Ord. No. 2017-41, § 3, 5-30-17; Ord. No. 2018-130, § 6, 12-18-18; Ord. No. 2023-85, § 4, 4-18-22)

*See Attachment A for list of permitted uses.

(Ord. No. 2018-130, § 3, 12-18-18; Ord. No. 2021-55, § 5, 3-16-21; Ord. No. 2021-196, Pt. I(§ 4), 9-21-21)

Editor's note— A list of permitted uses is attached to Ord. No. 2018-130, from which this section derives, as Attachment A and is on file in the offices of the city.

*See Attachment A for list of permitted uses.

(Ord. No. 2018-130, § 3, 12-18-18)

Editor's note— A list of permitted uses is attached to Ord. No. 2018-130, from which this section derives, as Attachment A and is on file in the offices of the city.

(Ord. No. 2017-41, § 5, 5-30-17; Ord. No. 2018-130, § 6, 12-18-18; Ord. No. 2021-245, Pt. I(§ 1), 11-16-21; Ord. No. 2022-174, § 5, 8-16-22; Ord. No. 2022-277, § 2, 12-20-22; Ord. No. 2023-210, § 2, 9-19-23)

(Ord. No. 2017-41, § 5, 5-30-17; Ord. No. 2021-245, Pt. I(§ 2), 11-16-21)

Editor's note— Ord. No. 2017-41, § 5, adopted May 30, 2017, amended section 3.31 by adding "towing, wrecking, and impound service" and "music studios" as a conditional use. Ord. No. 2021-245, § 2, adopted Nov. 16, 2021, amended section 3.31 by adding "film and movie studio" to Permitted Uses and Industrial Uses.

(Ord. No. 2018-130, § 9, 12-18-18)

Editor's note— Ord. No. 2018-130, § 9, adopted Dec. 18, 2018, amended App. A with the addition of a new § 3.32. Subsequently, § 8 of the same ordinance renumbered the following §§ 3.32—3.35 as §§ 3.33—3.36.

Sec. 1.0 District Intent and Purpose

A.

Intent. The Conservation Subdivision (CS) District is intended to provide a non-farm residential development option that supports sustainable development, protects open space and natural resources, and retains the predominantly rural character of areas outside the urbanized areas.

B.

Purpose. The following purposes are associated with the Conservation Subdivision District:

1.

Implement the sustainable development goals of the comprehensive plan;

2.

Foster development that permanently preserves open space, agricultural lands, woodlands, wetlands, scenic vistas and other natural features;

3.

Allow limited development in rural areas that do not contain natural resources, such as agricultural and forest lands, and significant natural areas;

4.

Limit development in areas which are not planned for urban service extensions;

5.

Connect open space, and recreation sites within the district with attractive trails.

6.

Allow flexibility in the placement and type of dwelling units within the conservation subdivision;

7.

Promote the use of shared septic, drinking water and stormwater systems that prevent the degradation of water quality;

8.

Reduce the number of new roads and allow flexibility in specifications for roads serving residences in the district; and

9.

Minimize the amount of impervious surface in subdivisions, including driveways.

Sec. 2.0. Definitions

For the purposes of this Ordinance, certain words and phrases are defined as follows:

Agricultural Land: Land whose use is devoted to the production of livestock, dairy animals, dairy products, poultry, poultry products, nursery plants; forages and sod crops; grains and feed crops; and other similar uses and activities, including equestrian activities.

Conservation Easement: A non-possessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic, or open-space values of real property; assuring its availability for agricultural, forest, recreational, or open-space use; protecting natural resources; maintaining or enhancing air or water quality; or preserving the historical, architectural, archaeological, and cultural aspects of real property.

Conservation Subdivision: Any development of land within the boundaries of a Conservation Subdivision District that incorporates the concepts of designated open space and clustering of dwelling units.

Designated Open Space: Open space that is designated within a conservation subdivision to be placed under a conservation easement permanently protecting such open space from future development.

Developable Area: All land in a proposed subdivision that is not defined as undevelopable due to environmental conditions or in ordinances adopted by Clayton County.

Development: An activity other than agricultural, forestry, or mining practices which materially alters or affects the existing conditions or use of any land.

Gross Density: A density standard establishing the number of dwelling units allowed to be built in a conservation subdivision.

Homeowners Association: A formally constituted non-profit association or corporation made up of the property owners and/or residents of the development for the purpose of owning, operating and maintaining common open space and facilities.

Open Space: Land used for agriculture, forestry, natural habitat, pedestrian corridors and/or recreational purposes that is undivided and permanently protected from future development.

Primary Conservation Area: Lands identified in the resource inventory and subdivision application as having important natural values that should be permanently protected such as wetlands, floodplains, steep slopes, unique habitats, groundwater recharge areas, productive agricultural soils, and forested land.

Responsible Management Entity: An entity with proven conservation management skills, recognized by the Georgia Environmental Protection Division.

Secondary Conservation Area: Lands identified in the resource inventory and subdivision application as lands that complement or provide a buffer to the primary conservation areas, or provide additional open space or recreational lands.

Undevelopable Area: Those lands in a proposed subdivision restricted from development due to environmental conditions such as steep slopes, the presence of wetlands or waterways, or are restricted from development under ordinances adopted by Clayton County.

Sec. 3.0. Development Standards

A.

Minimum Size of a Conservation Subdivision Development. The minimum size of a CS District subdivision shall be twenty (20) acres.

B.

Maximum Gross Density. The maximum number of lots in a Conservation Subdivision shall be determined by a "yield plan." This plan is based on a conventional subdivision design plan, prepared by the applicant, in which the total tract is subdivided in a manner intended to yield the highest number of lots possible using a minimum lot size of 18,000 square feet, the minimum size of an RS-180 Residential District lot. The RS-180 District is designed for "development of low to medium density residential neighborhoods." The plan shall comply with the requirements for a concept plan and the design must be capable of being built given site features and all applicable regulations. This approach will be density neutral.

C.

Minimum Lot Size.

1.

The minimum lot size in a CS District subdivision shall be 6,000 square feet.

D.

Open Space Requirement.

1.

Conservation subdivisions shall identify a conservation theme. Conservation themes may include, but are not limited to (1) forest preservation, (2) water quality protection, (3) farmland preservation, (4) or viewshed preservation. The conservation theme should guide the location and use of designated open space.

2.

Forty percent (40%) of the total acreage of the proposed development shall be designated as open space for natural habitat, active or passive recreation, and/or conservation or preservation, including conservation for agricultural and forestry uses.

3.

Where possible, designated open space shall be contiguous with open space uses on adjacent parcels in order to provide large expanses of open space.

4.

Open space in conservation subdivisions shall be physically connected, whenever possible via trails and open space outlined in the comprehensive plan. Designated public trail systems which abut a conservation subdivision shall be connected through the subdivision. Such trails shall have a minimum width of twenty (20) feet.

5.

Access shall be provided to designated active or passive recreation areas or open space or natural areas from one or more streets in the subdivision.

6.

Access will not be required if the open space is to remain in active agriculture or forestry or if the natural areas contain habitat where public access should be limited.

7.

No more than fifty percent (50%) of the designated open space shall be wetlands and/or floodplains.

E.

Open Space Ownership and Management. All lands and improvements in designated open space shall be established, managed and maintained in accordance with the following guidelines:

1.

Designated open space shall be surveyed and subdivided as a separate parcel or parcels.

2.

Designated open space must be restricted from further development by a permanent conservation easement running with the land. The permanent conservation easement must be submitted with the preliminary site plan and approved by the Board of Commissioners.

a.

The permanent conservation easement may be held by the following entities, but in no case may the holder of the conservation easement be the same as the owner of the land:

i.

Model Community, or other governmental agency; and/or

ii.

A private, nonprofit organization that has been designated by the Internal Revenue Service as qualifying under section 501(c)(3) of the Internal Revenue Code.

b.

The permanent conservation easement must specify:

i.

The entity that will maintain the designated open space;

ii.

The purposes of the conservation easement and the conservation values of the property;

iii.

The legal description of land under the easement;

iv.

The restrictions on the use of the land;

v.

The restrictions on future development of the land;

vi.

The standards to which open space will be maintained; and

vii.

The parties that will have access to the open space.

3.

Fee-simple ownership of the land underlying the conservation easement preserving each designated open space parcel subject to the terms of the permanent conservation easement, may be held by any of the following entities:

a.

A common ownership association which owns non-open space land within the subdivision and in which membership in the association by all property owners in the subdivision shall be mandatory;

b.

An individual who will use the land in accordance with the permanent conservation easement;

c.

Clayton County, or other governmental agency;

d.

A private, nonprofit organization that has been designated by the Internal Revenue Service as qualifying under section 501(c)(3) of the Internal Revenue Code; or

e.

A combination of the entities in subsection a.- d. above.

4.

The owner of the underlying fee/land shall be responsible for the payment of taxes and assessments on any designated open space parcel.

F.

Utilities. Individual well and septic systems shall be allowed in conservation subdivisions, however, common utilities (shared water and/or sewer or septic systems) are encouraged. Common utilities shall meet standards for sewage treatment systems and be approved by the County Engineer and the County Health Department.

1.

Communal drainfields for shared septic systems may be partially or completely located in designated open space, provided that:

a.

The dedicated open space parcel containing the communal drainfield "is held in fee-simple ownership" by a common ownership association which owns non-open space land within the subdivision and in which membership in the association by all property owners in the subdivision shall be mandatory;

b.

The common ownership association is responsible for maintenance and repair of the communal drainfield;

c.

Grasses or other appropriate ground covers, not to include trees, shall be planted to restore the common drainfield to its natural condition following installation."

d.

Recreational uses are prohibited on or within fifty feet of communal drainfields; and

e.

The conservation easement for the dedicated open space parcel shall describe the location of all communal drainfields.

2.

To ensure protection of ground and surface waters in the Conservation area, Conservation subdivisions that do not use common utilities must provide for, in an ownership association, joint maintenance of individual wastewater systems through a Responsible Management Entity.

G.

Lot and Building Site Design. Lots and building sites shall be designed to achieve the following objectives listed in order of priority:

1.

Locating individual and communal septic systems on the most suitable soils for sub-surface septic disposal.

2.

Locating lots and building sites on the least fertile soils for agricultural uses, and in a manner which maximizes the usable area remaining for such agricultural use.

3.

Locating building sites to minimize the impact on contiguous forested land and to maximize the continuity of forest lands.

4.

Locating building sites within any non-production forest land contained in the lot, or along the edges of open fields adjacent to woodlands only as a means to reduce the impact on agriculture, to provide summer shade and shelter from winter wind, and/or to yield buildings that blend into the natural landscape features.

5.

Locating building sites in areas least likely to obstruct or otherwise interrupt scenic vistas as viewed from roads.

H.

Buffer Zones. Buffer zones of at least one hundred (100) feet shall be required between residential structures and agricultural uses. The buffer zone must be included in the area to be subdivided and not within any designated open space. The buffer areas shall be appropriately planted with vegetation in the form of groundcovers, shrubs and trees.

I.

Streets. Streets within the conservation subdivision shall be developed according to the following standards that promote road safety, minimize visual impacts, and minimize impervious surfaces:

1.

Streets shall be designed to minimize the visual size and scale of the development and help discourage excessive speeds.

2.

Street widths and construction shall conform to the width and standards contained in the street cross section without curb and gutters (or rural cross section) as adopted by Model Community.

3.

The number of local street intersections with collector and arterial roads shall be minimized, however, the applicant must demonstrate that such intersections are adequate, have the capacity to handle traffic generated by the proposed project, and will not endanger public safety.

4.

Conservation subdivisions that abut one another or existing development shall provide direct vehicular links to emphasize the connection between existing and new development.

J.

Subdivision Process. The subdivision process for a Conservation Subdivision shall comply with the Subdivision Ordinance and at a minimum shall include the following:

1.

A pre-application meeting with the Zoning Administrator to discuss:

a.

The application process;

b.

The conservation theme;

c.

The Design Guidelines;

d.

Any proposed common ownership plans for land and structures; and

e.

Management and ownership of designated open space.

2.

Submission of a Concept Plan that contains:

a.

Base mapping at a scale of 1" = 100' (one inch equals 100 feet);

b.

A mapped resource inventory that includes:

i.

topographic contours at 10-foot intervals;

ii.

soil type locations and identification of soil type characteristics such as agricultural capability, depth to bedrock, and suitability for wastewater disposal systems;

iii.

hydrologic characteristics, including surface water bodies, floodplains, wetlands, natural swales and drainage ways;

iv.

vegetation present on the site, relative age and condition, also noting the location of trees with a caliper of more than 18 inches; and

v.

current land use including all buildings and structures.

c.

A site analysis that identifies, precisely locates, and for items i. and ii, above, calculates the acreage of:

i.

primary conservation areas, including protected wetlands, floodplains, natural resource protection zones, steep slopes;

ii.

secondary conservation areas;

iii.

special views;

iv.

connections to the Open Space System;

d.

Net developable acreage and allowed gross density as defined in section C. above;

e.

Street and open space concept;

f.

Street sections;

g.

Building setbacks;

h.

Parcel lines and building placement concepts for residential and accessory buildings;

i.

Natural resource and tree protection plan;

j.

Landscape plan;

k.

Utility easements; and

l.

Statement of intent to establish a homeowners' association.

3.

A meeting with the Director of Community Development to review the Concept Plan.

4.

Submission of a Preliminary Site Plan and review by the Zoning Advisory Group.

5.

Submission of a Final Site Plan and review by the Zoning Advisory Group and Board of Commissioners.

6.

Submission and recordation of a final plat documenting all stipulations of the approved final site plan.

Sec. 4.0. Permitted Uses

The following are permitted uses in the CS Conservation Subdivision District:

A.

In conservation subdivisions served by individual well and septic systems:

1.

Agriculture, including farm dwellings and agricultural related buildings and structures;

2.

Forestry uses;

3.

Public parks, recreational areas, wildlife areas and game refuges; and

4.

Single-family detached dwellings.

B.

In conservation subdivisions served by approved common utilities;

1.

Agriculture, including farm dwellings and agricultural related buildings and structures subject to GA EPD standards, but not including animal feedlots or other commercial operations;

2.

Forestry;

3.

Public parks, recreational areas, wildlife areas and game refuges;

4.

Single-family detached dwellings;

5.

Two-family dwellings;

6.

Townhouses.

Sec. 5.0. Accessory Uses

The following are permitted accessory uses in the CS Conservation Subdivision District:

A.

Private garages, parking spaces and car ports for licensed and operable passenger cars and trucks not to exceed a gross capacity of nine thousand pounds.

B.

Parking of recreational vehicles and equipment;

C.

Accessory uses in side yards shall be limited to garages and carports only;

D.

Accessory buildings are permitted in any rear yard.

E.

Home occupations in accordance with other regulations.

F.

Noncommercial greenhouses and conservatories;

G.

Swimming pools, tennis courts and other recreational facilities operated for the enjoyment and convenience of residents of the principal use and their guests;

H.

Sheds and similar buildings for storage of domestic supplies and noncommercial recreational equipment;

I.

Boarding or renting of rooms to not more than one person;

J.

Fencing, screening and landscaping as permitted and regulated by other regulations of Clayton County;

K.

Boat houses, piers and docks;

L.

Signs in compliance with other regulations of Clayton County.

Sec. 6.0. Conditional Uses

The following are conditional uses in the CS Conservation Subdivision District that require a conditional use permit based upon procedures, factors and conditions set forth in Sec. 13.16 - Conditional Use Process of the Clayton County Code:

A.

Public or semi-public recreational buildings and neighborhood or community centers; public and private educational institutions, limited to elementary, junior high and senior high schools; and places of worship;

B.

Governmental and public utility buildings and structures necessary for the health, safety and welfare of the community.

Sec. 7.0. Design Standards

The following are minimum design standards for the CS Conservation Subdivision District.

A.

Area and bulk requirements in a conservation subdivision served by individual well and septic systems are as follows:

1.

Lot area: a minimum of 1 acre;

2.

Lot width at front yard setback line: minimum of 50 feet;

3.

Yard setback dimensions:

a.

Front yard: minimum 20 feet.

b.

Side yard (each side): minimum 10 feet or 10% of lot width, whichever is greater.

c.

Rear yard: minimum 20 feet.

4.

Maximum building coverage, including primary and accessory structures: 10 percent.

5.

Maximum impervious area, including driveways and walkways: 15 percent.

B.

Area and bulk requirements in conservation subdivisions served by approved common utilities for single-family, two-family and townhouse units shall be the same as those requirements for A. above, except as follows:

1.

The minimum lot size for single-family dwelling units shall be 6,000 square feet.

2.

The minimum lot size for two-family and townhouse units shall be 8,000 square feet per unit.

3.

Maximum building coverage, including primary and accessory structures: 20 percent.

4.

Maximum impervious area: 25 percent.

Sec. 8.0. Landscaping Requirements

A landscape plan for the entire subdivision is required for final site plan approval, and at a minimum must include the following:

A.

All ground cover areas disturbed in the construction process shall be seeded or sodded with low-water usage species or site appropriate native species.

B.

The developer of any dwelling unit shall plant native shade trees. At a minimum, one tree shall be planted for every thirty feet of frontage along each road unless the zoning advisory group shall grant a waiver. Such waiver shall be granted only if there are trees growing along such right-of-way or on the abutting property which in the opinion of the zoning advisory group comply with these regulations.

C.

Additional landscaping may be required to satisfy buffering requirements, and landscape requirements contained in other Clayton County ordinances.

(Ord. No. 2017-41, § 3, 5-30-17; Ord. No. 2018-130, § 8, 12-18-18)

Editor's note— Formerly § 3.32. See note following § 3.32.

Sec. 1.0 Definitions

All terms not defined here shall be construed to have the meaning given by Merriam-Webster's Collegiate Dictionary unless the context clearly indicates otherwise.

Long-term Storage: Maintaining a watercraft within the marina facilities for a period greater than 24 hours.

Marina: A facility for the mooring or securing of watercraft which may include such accessory uses as small eateries, bait and tackle shops, boat fuel sales, and other uses clearly incidental to watercraft use.

Marina Manager: The individual responsible for monitoring use of the marina and associated facilities, events coordination and enforcement of all marina rules as established herein.

Permitted Vehicles: Vehicles accessing the marina shall be limited to passenger vehicles and light duty trucks. With the exception of delivery trucks, no vehicle having a Gross Vehicle Weight Rating (GVWR) greater than a Class 2 having a maximum GVWR of 10,000 lbs. shall be permitted in the marina.

Recreational Vessel: Any watercraft used by the owner of such watercraft or guests of the owner as a non-commercial use.

Watercraft: Any boat or vessel designed to carry passengers and propelled by mechanical means or sail and capable of moving under its own power. Watercraft shall include a rowboat, dinghy, canoe or other similar equipment propelled by other than mechanical power or by sail, provided that non-motorized air inflatables, water skis, individual floats and similar devices shall not be included in this definition.

Sec. 2.0 Permitted Uses

Land and structures within the Marina District shall be used in accordance with the standards herein. Any use not specifically designated as permitted shall be prohibited.

Permitted uses.

1.

Fueling stations limited to the dispensing of fuels and oils to boaters on the lake.

2.

Bait and tackle shops.

3.

Small cafe limited to a combined indoor and outdoor seating capacity of 40 persons which may serve food and alcohol.

4.

Small indoor or outdoor venues comprising a public gathering space.

5.

Mooring and dock facilities.

Sec. 3.0 Accesory Uses

1.

Uses customarily incidental to a use permitted in the Marina District.

2.

Parking lots accessory to the permitted Marina District uses, provided that no individual parking lot shall contain more than 24 parking spaces with a maximum of 48 total spaces.

Sec. 4.0 Authority of Marina Manager

The Marina Manager shall be authorized by the owner of the lake to manage and operate the marina property.

Sec. 5.0 Mooring of Watercraft

(a)

No individual shall moor or anchor any watercraft within the mooring area without first registering with the Marina Manager who shall have the authority to assign mooring slips. Agreements to occupy moorage slips shall be granted by reservation, only. The Marina Manager may require proof that the watercraft complies with certain safety and sanitation regulations prior to registration.

(b)

Only vessels that meet the definition of "watercraft" and the definition of "recreational vessel" contained in this Article shall be permitted to dock in the mooring area. All watercraft that utilize the mooring area must be registered with a state or federal agency or authority, provide documentation of registration, be in compliance with state law regulations, and be in good operating condition.

(c)

All watercraft owners or operators who dock in the mooring area must enter into a mooring area use agreement with the Marina Manager prior to entering the mooring area and must further agree to abide by the mooring area rules.

(d)

No watercraft may be moored at the dock adjacent to the marina for longer than 24 hours.

Sec. 6.0 Use Agreements

1.

The Marina Manager shall enter into use agreements with those who dock in the mooring area and all boating parties accessing the lake. Such agreements shall be in a form approved by the County Attorney.

2.

The use agreement shall incorporate the essential elements of any Rules and Regulations that are applicable to the lake to ensure that such safety rules as "operational distances," "no wake areas," and "speed limits" designed to protect the public and boaters on the lake are conveyed to all parties.

(Ord. No. 2017-41, § 3, 5-30-17)

Editor's note— Formerly § 3.33. See note following § 3.32

WH District Intent and Permitted Uses

District Intent. The WH District is intended to provide a land use category specifically for warehousing and other similar industrial operations. This district should be used in areas with convenient access to major transportation routes.

Permitted Uses—Industrial Uses: Wholesale business, warehouse, trucking terminal, tractor and trailer storage, offices and administrative facilities, commercial parking garages and lots, and similar storage and distribution uses. Any accessory building and uses customarily incidental to the above permitted uses.

Communication/Utilities: Public wellfield/pumphouse, Sewage Treatment Plant, Utility substation, Water tower.

Conditional Uses—Communication/Utilities: Wireless telecommunications facility/tower.

Use Notes and Subdivision Specifications. The Use Matrix at the end of this Article provides detailed use listings. The Overlay Districts shall apply as specified in Article 4 of this Ordinance. Any district may be rezoned to "PUD " (Planned Unit Development) as specified in Article 7 of this Ordinance. The subdivision of land in this district shall be consistent with the specifications of the Clayton County Subdivision Ordinance.

(Ord. No. 2019-38, § 2, 3-19-19)

Minimum Lot Area: None.

Minimum Lot Width: None.

Maximum Lot Depth: None.

Minimum Lot Frontage: 100 feet on a public street with direct access from a public street.

Sewer and Water: Requires connection to public water and sewer.

Minimum Front Yard Setback: 50 feet when adjacent to arterial road, 45 feet when adjacent to a collector road, and 40 feet when adjacent to a local road.

Minimum Side Yard Setback: 20 feet.

Minimum Rear Yard Setback: 20 feet.

Maximum Lot Coverage: All primary and accessory structures and impervious surface cannot exceed 70% of the lot area.

Maximum Structure Height: 75 feet for the primary structure, 35 feet for accessory structures, all telecommunication facilities shall conform to the requirements of Article 6.

(Ord. No. 2019-38, § 2, 3-19-19)

(a)

District Intent: The Industrial Park District (INDP) is intended to provide a land use category specifically for office administration, logistics operations, warehousing and other light industrial operations in a campus style environment. This district should allow uses where the character of operations, emissions and by-products do not create adverse effects on the environment or surrounding properties. The intended uses shall be compatible to the surroundings and located in areas with convenient access to major transportation routes.

(b)

Permitted Uses: Manufacturing, involved in compounding, assembly, processing, preparation, packaging or treatment of articles, foods, components, materials, clothing, machines and appliances and other non-hazardous products.

Warehousing and distribution is accessory to manufacturing.

Warehousing and distribution of food, materials, products or equipment.

Wholesale business.

Offices and administrative facilities.

Training and educational facilities.

Business service establishments (i.e. courier services, printing, communications, office equipment rental, mailing, bookkeeping, security services, equipment maintenance).

Repair facilities where all activities and storage of repaired equipment is interior to a building.

Equipment sales/rental (interior storage of inventory).

Research laboratories.

Aircraft hanger & maintenance.

Animal Hospitals, Veterinarian services.

Building material stores.

Film and movie studios.

Golf range (Accessory Pro Shop).

Shooting Ranges, Indoor.

Buses, vans, limos, car services, taxi services, medical transportation services.

Trade contractors.

Recycling facilities (fully enclosed operations and storage).

(c)

Conditional Uses:

Wireless telecommunications facility/tower.

Fitness center/gym.

Outdoor amusements.

Hotels (Interior access only for guest rooms).

Helicopter landing pads.

(d)

Accessory Uses:

Truck/Trailer storage accessory to warehouse and distribution facilities.

Accessory Vehicle Parking.

Any accessory use customarily incidental to the district's permitted uses.

This section of Article III shall be referred to as the "Industrial Park District Standards."

(Mins. of 9-15-20)

(a)

Nonconforming Standards: Within this district established herein as adopted and may be later amended there exists lots, structures, uses of land and structures, and characteristics of use which were lawful before the ordinance was passed or amended but which may be prohibited, regulated or restricted under the terms of the present ordinance or future amendments. Provisions for continuance of Nonconforming Uses and Standards are found in Article 9, Nonconforming Structures, Lots and Uses of this Code.

(b)

Development Standards: The following development standards apply to the INDP-Industrial Park District and other applicable standards of Article 6 - Development Standards, not in conflict with the standards herein, unless relief is granted per Article 10.7 - Appeals.

(c)

Area and Yard Standards:

Minimum Lot Area: Five acres (May consist of a combination of contiguous properties)

Minimum Lot Width: None.

Maximum Lot Depth: None.

Minimum Lot Frontage: 100 feet on a public street.

Minimum Front Yard Setback: 50 feet when adjacent to arterial road, 45 feet when adjacent to a collector road, and 40 feet when adjacent to a local road.

Minimum Side Yard Setback: 20 feet.

Minimum Rear Yard Setback: 20 feet.

Maximum Lot Coverage: All primary and accessory structures and impervious surface cannot exceed 70% of the lot area.

Maximum Structure Height: 75 feet for the primary structure, 35 feet for accessory structures, all telecommunication facilities shall conform to the requirements of Article 6.

Sewer and Water: Requires connection to public water and sewer.

(d)

Architectural Standards: Architectural design of all buildings and structures, excluding those utilized for residential land uses, shall adhere to the following standards:

1.

The primary public building entrance shall be oriented toward the public road frontage or frontage from an internal private drive.

2.

A minimum of 40 percent of each facade of any primary structure shall be constructed of brick, granite, stone, marble, terrazzo, architecturally treated reinforced concrete slabs, either fluted or with exposed aggregate, insulated window wall panels or stainless steel, porcelain-treated steel, anodized or other permanently finished aluminum.

3.

No more than 50 percent of each facade of any primary structure shall be constructed of metal panels with a baked-on enamel or acrylic finish (which must be expected to retain its appearance without substantial maintenance for a period of ten years), stucco, dryvit, concrete block with either sculptured treatment or stack bond with sculptured treatment, or split-faced decorative block.

4.

Walls visible from roadways or parking areas shall incorporate changes in building material, varying wall offsets and/or other architectural features every 100 linear feet.

5.

Building materials, architectural features and colors of exterior finishes of accessory structures shall be consistent with the principal structure.

6.

All roof-top equipment shall be screened from view from the public rights of way and adjoining properties by parapets, dormers or other screens. The average height of parapets shall not exceed 15 percent of the height of the supporting wall, and shall not at any point exceed a height equal to 30 percent of the supporting wall.

7.

Fences provided at primary development entrances or along frontage, shall be wrought iron or ornamental type fences. Chain link fencing may be utilized along frontage (except at primary drive entrance) and shall be screened by landscape materials in order that it may have limited visibility from any public street. Chain link fence material shall be coated green or black. (Comply with Article 6.30 Fence and Wall Standards).

8.

Burglar bars, steel gates, metal awnings and steel roll-down curtains are prohibited on the structure's front façade.

9.

Vending machines, paper stands, and other similar devices must be located within a building.

10.

Loading bay dock doors shall be located along side and rear yard areas and not visible from any public right-of-way.

11.

Truck/storage parking shall be located approximately 50 feet from front property line.

(e)

Landscaping and Buffer Standards: The landscaping standards established in Article 6.34, Landscaping Standards (LA) and Article 6.35 Buffer Yard Standards, shall apply to all non-residential properties, along with the following additional requirements:

1.

A landscaped strip a minimum of 10 feet in width shall be provided along all side and rear property lines where buffer requirements are not required.

2.

A landscaped strip a minimum of 15 feet in width shall be required along the front property lines and along internal drives that serve as a main arterial into a development.

3.

Landscaped strips along public rights-of-way shall be continuous except at points of ingress or egress, public utility encroachments or other permitted accessory structures.

4.

All disturbed areas of exposed earth shall be landscaped. Landscaped strips may consist of ground cover, shrubs, trees, and hardscape elements such as planters and benches, or any combination thereof.

5.

All landscaped strips shall be maintained by the property owner. Any tree, shrub or ground cover which dies shall be replaced within the earliest planting season.

(f)

Parking and Loading Standards: Off-street parking shall be required as in Article 6.32, Parking Standards (PK), of the Zoning Ordinance and Article 6.33 Loading Standards, except as provided below:

1.

Determine the minimum number of parking spaces required for each use located on site per Article 6.32, Parking Standards (PK) of the Zoning Ordinance.

2.

Parking spaces that are farther than 500 feet from a building entrance shall not be counted toward the minimum off-street parking requirements.

3.

Provide one electric car charging station for every 100 parking spaces provided on site of a new development.

(g)

Sign standards: The sign standards established within Article 8, Sign Standards (SS), of the Zoning Ordinance shall be applied to all properties within the INDP District, along with the following additional requirements:

1.

Primary Identification Ground signs shall not exceed 15 feet in height.

2.

Primary Identification Ground signs shall be monument-based. Pole signs are prohibited except for directional signs allowed per Article 8.

3.

Signs shall reflect and complement the building materials, colors, and other design details of the principal structure on the lot upon which the sign is installed.

4.

Signage for electric vehicle stations shall be permitted as incidental under the Sign Code.

(h)

Outside Storage and Accessory Structures: Outside storage is a permitted accessory use for occupants of warehouse distribution centers, subject to the following standards and restrictions:

1.

Outdoor storage areas shall be accessory and only used to store an on-site occupant's product inventory.

2.

No outside storage shall be permitted as a principal use.

3.

Outdoor storage areas shall be immediately adjacent to the occupied space to which it is accessory; and shall not exceed 10 percent of the ground/floor area of such interior space.

4.

Outdoor storage areas shall either be not visible from neighboring properties and streets or shall be screened with a continuous vegetative screen or an opaque fence so that stored materials are not visible from such areas.

5.

In no event shall outdoor storage be permitted along any building frontage.

(Mins. of 9-15-20)

*See Attachment A for list of permitted uses.

Sec. 1.0 District Intent

National trends toward urbanization are bolstering many "town centers" and neighborhood commercial districts, creating new destinations across the Atlanta region. The success of these new places is driven by burgeoning traffic congestion in Atlanta and market demand being generated by Millennials. This age cohort is seeking reduced commuting times and environments that offer a wide range of services and activities. Mixed Use Districts have been devised that revisit traditional development patterns. These districts can deliver a variety of housing options in close proximity to employment, consumer services, entertainment, recreation, public art and gathering spaces all within a setting that emphasizes walking rather than vehicle trips.

The Mixed Use District is intended to capitalize on this market demand by establishing standards more consistent with that market than commercial districts of the past that are more suburban in character. These standards allow the flexibility developers of mixed use projects desire.

The District promotes tailoring of development scale to the context by introducing a site plan specific process in which the development standards of the District are woven into an approved site plan. In this manner, development scale may be referenced to a neighborhood context as well as to a development setting more regional in scale.

A full range of urban housing, employment, retail and entertainment options is accommodated by the Mixed Use District. Development standards are geared toward traditional downtowns with buildings at the street, dwellings above store fronts and offices and broad sidewalks and streetscapes designed to encourage a lively street scene.

The Millennial market is generating demand for active and passive recreation, alternate transportation modes and greater social interaction. The creation of destinations that offer such public amenities proximate to developer generated housing, employment and shopping is a central tenet of the Mixed Use District.

Sec. 2.0 Applicability

Any property assigned the MX — Mixed Use District shall be subject to the standards of this Article. The District applies to limited scale and region scale developments with the latter geared toward a more intense development model.

Sec. 3.0 District Boundary

The boundaries of the Mixed Use District as indicated on the Official Zoning Map are incorporated in Article 5, Zoning Map, of this Ordinance. Copies of the Zoning Map are available for inspection during normal business hours at the Clayton County Department of Community Development.

Sec. 4.0 Reserved

Sec. 5.0 Mixture of Uses

Any rezoning application for the MX District must contain a mixture of non-residential uses, either within the same structure or in separate buildings, but included as part of a unified development using the OI & GB zoning district permitted use categories.

Sec. 6.0 Reserved

Sec. 7.0 Site Plan Approval Process

Site Development Plan approval shall be required for all rezonings to MX. All such developments in the MX Mixed Use District shall comply with Sec. 11.4 - Review Process and Standards of the Zoning Ordinance. The MX zoning shall be conditioned upon the site plan in terms layout of the structures, streets, and uses depicted on the approved site plan.

Sec. 8.0 MX - Mixed Use District Development Standards

The following standards shall apply to all new development in the MX District and to existing development on which an addition greater than half the existing floor area or remodeling of more than one half of the building facade is planned. Any expansion of a parking lot greater than half the area of the existing parking lot shall trigger compliance with all parking lot standards of the Ordinance, including landscaping standards.

Minimum Lot Area

• None

Minimum Lot Width

• None

Maximum Lot Depth

• None, provided that no "through lot" shall be created.

Build to Line/Front Yard Setback

• 0 feet

• 15 feet when outdoor dining, landscaping, public art, fountains or similar amenities are provided.

Minimum Side Yard Setback

• 0 feet

• 10 feet, when interior wall has windows, doors or other openings.

• 20 feet, when abutting a residential zoning district or residential use

Minimum Rear Yard Setback

• 15 feet abutting non-residential

• 25 feet abutting a residential zoning district or residential use

Minimum Building Height

• A full two stories

Maximum Building Height

• 64 feet on a collector or local street

• 120 feet on an arterial

Maximum Building Dimension

• 80 feet on a collector or local street

• 160 feet on an arterial

Maximum Building Footprint

• Single purpose buildings shall have a maximum footprint of 30,000 square feet

• Mixed use development on a collector or local street shall have a maximum building footprint of 100,000 square feet.

• Mixed use development located on an arterial shall have no maximum building footprint.

Minimum Distance between Buildings

• 0 feet in a walkable, downtown setting; otherwise as determined by Building and Life Safety Codes.

Maximum Lot Coverage

• Building footprint of all structures, and impervious pavements, shall not exceed 80 percent of the lot area.

Minimum Open Space

• 15 percent on a collector or local street

• 10 percent on an arterial

Maximum Density

• 12 dwelling units per acre on a collector or local street

• 24 dwelling units per acre on a collector or local street in a mixed use structure

• 48 dwelling units per acre on an arterial

• 72 dwelling units per acre on an arterial in a mixed use structure

Minimum Living Area

• 576 square feet for a live/work space

• 600 square feet for one-bedroom unit

• 800 square feet for two-bedroom unit

• 1,000 square feet for three-bedroom unit

Development Timing

Non-residential uses on an MX site shall be developed prior to or concurrently with residential uses. Concurrency may be established by implementation of a Concept Plan that documents the approved mix of residential and non-residential uses. Construction of individual phases shall comply with the percentages of these respective for the entire development as represented on the Concept Plan. Certificates of Occupancy will only be issued for residential construction following issuance of C.O.s for the non-residential portions of the development. This timing shall apply to the entire development and to individual phases of the proposed development.

Location of Residential Occupancy

Multi-story "row houses" built to the front and side lot line, or a configuration of a typical "brownstone" of two or more stories, may feature ground floor residential. No other form of ground floor residential shall be permitted within a mixed use building.

Incentives for Mixed Use Buildings

Dwelling unit floor area for developments that propose mixed use in a single building in compliance with this Article may be reduced by twenty (20) percent, provided no reduction beyond the minimum floor area for live/work units shall be allowed. The parking requirement for such developments may also be reduced by twenty (20) percent.

Sec. 9.0 Block Dimensions

Subdivision of land creating individual blocks shall yield block dimensions no greater than 400 linear feet on collectors and local streets and no greater than 600 linear feet on an arterial.

Sec. 10.0 Building Orientation

1.

All buildings shall be oriented to the thoroughfare of greatest traffic intensity based on traffic volume, number of travel lanes and pedestrian activity. Buildings may also be oriented to accessible open space.

2.

Individual uses shall have pedestrian entrances directly adjacent to the public sidewalk and oriented toward the thoroughfare of greatest intensity. This requirement shall not preclude secondary entrances at the side or rear of buildings.

3.

Buildings may be oriented to face a courtyard and individual uses may have pedestrian entrances that open directly on to a courtyard.

Sec. 11.0 Architectural Standards

A.

Fenestration in the MX District. Architectural design of all buildings and structures shall adhere to the following standards:

1.

Display windows and pedestrian entrances shall be provided on all primary building facades. Buildings on corner lots shall also provide display windows on the secondary facade with pedestrian entrances on such facades provided at the owner's option.

2.

Primary facades shall be detailed as storefronts and glazed with clear glass no less than 60 percent of the length of the facade to a minimum height of eight feet.

3.

The length of primary facades shall not exceed 20 feet without intervening fenestration, architectural detailing or entryway.

4.

Significant building elements such as balconies, porches, canopies, towers, entry features, etc. that visually divide the facade shall be incorporated into building design.

5.

A maximum of 15 percent of fenestration treatments may utilize architectural detailing in lieu of glass materials to meet the fenestration treatment standards.

6.

Pedestrian entrances may be used to comply with the fenestration treatment standards.

7.

Multi-level buildings with commercial, office, service or residential uses shall create a clearly-defined street edge and provide upper-story activities, which overlook the street and plazas.

8.

Service/utility areas or enclosures shall not be located in or be visible from public plazas or courts.

B.

Building Materials. Exterior facades visible from any thoroughfare shall utilize brick, glass, wood, hard coat stucco or approved Dryvit stucco, stone (including faux stone) or cement-based siding materials. Metal or metallic materials may be permitted, but shall not constitute more than 30 percent of any individual facade.

C.

Streetscape/Pedestrian Scale.

1.

Pavements, street trees, pedestrian scale lighting, street lights, benches, signs, trash receptacles, etc. along streets should be consistent and help create an identifiable character for the area.

2.

Street trees with tree grates and landscaping are required on primary and secondary streets and medians.

3.

Sidewalks shall be constructed of concrete. Special textured pavers, brick, colored concrete, and pavers or a combination of these materials that provide patterns and/or decorative tones shall be used to accent sidewalk and plaza areas.

4.

A 14-foot-wide streetscape is required on both sides of the street that includes ground floor retail and office uses. The streetscape includes a 4-foot curb zone (for street trees, street lights, landscaping and pedestrian amenities) and a 10-foot-wide sidewalk.

5.

Pedestrian-oriented ground-floor retail, restaurant or other pedestrian-oriented use is required on building fronts. Public facilities such as a library or community center would also be considered pedestrian-oriented uses.

D.

Parking Lot Landscaping.

1.

One (1) canopy tree for every four parking spaces distributed throughout designated parking areas shall be provided.

2.

Individual parking bays shall be separated by a landscape median having a minimum width of eight feet. In addition, end aisle landscaped islands having a minimum width of eight feet and a minimum depth of 16 feet shall be established for every 10 parking spaces.

3.

Parking lots fronting on any street shall be screened by a landscaped buffer having a minimum horizontal dimension of five feet and using the following, additional screening techniques. Acceptable screening shall be of durable construction materials and/or appropriate landscaping including:

a.

A trellis or grillwork of steel or cast iron with vines;

b.

A low masonry or stone wall or planter between 36 and 42 inches high combined with a five-foot landscaped buffer;

c.

Landscaped buffer of trees and evergreen shrubs sufficient to form a solid screen; or

d.

Landscaped berm of sufficient height and width to visually obscure parking areas.

E.

Parking Lot Standards.

1.

Shared parking between land uses is encouraged where it can be demonstrated that parking demands of the respective uses occur at different times of the day or on different days.

2.

On-street parking on public streets in the Mixed Use District may be credited toward required parking, provided the spaces are located along the frontage of the property accepting this parking credit.

3.

Parking areas shall be designed as smaller, scattered lots rather than large lots and be screened from view from adjacent streets and building occupants. A guideline of 48 spaces as an upper limit is encouraged.

4.

Parking lots shall not be located between the primary facade of commercial buildings and the street.

5.

Parking lots exceeding 48 spaces on a collector or local street or 100 spaces on an arterial shall be divided into smaller connected lots to minimize the impact of vehicles. Creation of substantially landscaped areas no less than eight feet wide shall be provided to divide large parking areas.

6.

Curb cuts for parking lots should be minimized by requiring shared entrances and exits, where appropriate. All developments shall provide interparcel access, with written agreements between adjacent property owners subject to approval by the Clayton County Department of Transportation.

7.

A pedestrian crosswalk shall be provided at all parking lot entrances and exits.

8.

Lighting shall be provided in parking lots and adjacent landscaped areas for greater visibility and security. All such lighting shall be directed downward and into the site to avoid spillover.

9.

Permeable pavements, excluding such materials intended for industrial applications such as #57 stone, are permitted. Parking requirements may be reduced up to 10 percent in exchange for application of Low Impact Development design that routes stormwater into landscaped areas rather than sheet flowing to a stormwater collection device.

(Ord. No. 2017-41, § 3, 5-30-17; Ord. No. 2018-25, § 8, 3-20-18; Ord. No. 2018-130, §§ 1, 8, 12-18-18; Ord. No. 2021-55, § 6, 3-16-21; Ord. No. 2021-196, Pt. I(§ 5), 9-21-21; Ord. No. 2023-14, Pt. II, 5-16-23; Ord. No. 2023-15, Pt. II, 1-17-23)

Editor's note— Formerly § 3.34. See note following § 3.32.
A list of permitted uses is attached to Ord. No. 2018-130, from which this section derives, as Attachment A and is on file in the offices of the city.

(Ord. No. 2016-79, § 1, 4-19-16; Ord. No. 2017-41, § 26, 5-30-17; Ord. No. 2018-130, § 8, 12-18-18; Ord. No. 2019-38, § 3, 3-19-19; Ord. No. 2022-174, § 6, 8-16-22; Ord. No. 2022-277, § 3, 12-20-22; Ord. No. 2022-279, § 3, 12-20-22; Ord. No. 2023-14, Pt. II, 5-16-23; Ord. No. 2023-15, Pt. II, 1-17-23; Ord. No. 2023-16, pt. II, 1-17-23; Ord. No. 2023-85, § 5, 4-18-22; Ord. No. 2023-210, § 3, 9-19-23; Ord. No. 2023-211, § 3, 9-19-23; Ord. No. 2023-212, § 2, 9-19-23; Ord. No. 2024-197, § 4, 9-17-24)

Editor's note— Ord. No. 2017-41, § 26, adopted May 30, 2017 amended section 3.33. Inasmuch as there were already provisions so designated by the ordinance, at the editors discretion, the provisions have been redesignated as section 3.35 to maintain Code format.
Formerly § 3.35. See note following § 3.32.

(Ord. No. 2021-248, Pt. I(§ 2), 11-16-21; Ord. No. 2023-16, pt. II, 1-17-23)

RMTSF Residential District

Minimum Lot Area:

• 7,000 square feet (single family)

• 10,000 square feet (two family (duplex) fee-simple)

• 1200 square feet (townhouse fee simple)

Minimum Lot Width:

•  60 feet (single family)

•  100 feet (two family)

Minimum Lot Frontage:

100% of the required lot width adjoining a public street with access from said street

Minimum Front Yard Setback:

• 30 feet from public right-of-way (Arterial, Collector, Local)

Minimum Side Yard Setback:

•  Single family and two family 10 feet (Not less than 20 feet between structures)

Minimum Rear Yard Setback:

• 15 feet

Minimum Living Area:

• 1200 square feet per heated space

Minimum Lot Coverage:

• Square footage of all structures shall not exceed 40% of the lot area.

Maximum Structure Height: 35 feet Primary 25 feet accessory

All accessory setbacks and other development standards are addressed in other sections of code where applicable

(Ord. No. 2021-248, Pt. I(§ 2), 11-16-21)

(Ord. No. 2023-212, § 3, 9-19-23)

Development Standards

• Minimum Development Size: 5 acres

• Sewer and Water: Requires connection to public water and sewer

• Required Open Space: 5% of the total gross acreage and must include an amenity package such as playground, recreation fields, tennis courts, pool, gazebo, or other passive recreation options as determined by the Zoning Administrator.

Lot Standards

• Minimum Lot Area: 2400 SF

• Minimum Lot Width: 24 feet

• Minimum Lot Depth: 100 feet

• Minimum Front Setback: 20 feet

• Minimum Rear Setback: 30 feet

• Minimum Corner Side Yard Setback: 15 feet

• Minimum Spacing Between Buildings: Side-to-side: 20 feet

• Minimum Living Area:

º 750 SF for one-bedroom unit

º 1,000 SF for two-bedroom unit

º 1,200 SF for three-bedroom or more bedrooms

• Maximum Structure Height:

º 35 FT for the Primary Structure

º 25 FT for the Accessory Structure

º All telecommunication facilities shall conform to the requirements of Article 6

• Maximum Lot Coverage: 80%

• All accessory setbacks and other development standards are addressed in other sections of code where applicable.

(Ord. No. 2023-212, § 4, 9-19-23)