All structures, land uses, land use changes, structural alterations, structural relocations, structural additions, and structural enlargements that are constructed, created, established, or otherwise occur after the effective date of this ordinance (except as may otherwise be provided within this ordinance) shall be subject to all Development Standards and regulations for the applicable zoning district.

No structure, parking area, or other site feature regulated by this ordinance shall be enlarged, altered, or expanded unless the minimum improvements required by this Article are provided to the property to the extent of its alteration or expansion. In the case of a substantial expansion, the portion of the site affected must meet the requirements of this Article. An alteration or expansion to an existing property is substantial when the area or square footage of the expanded or altered land (including property used for building space, parking, or storage) or structure, respectively, exceeds twenty (25) percent of the area or square footage of the existing land or structure, exclusive of the alteration or expansion.

Under the sections of this Article that follow the Development Standards. The two and three digit codes listed below are referred to in the "Additional Development Standards that Apply" section on the Two-Page Layout for each Zoning District.

LY-01: This Lot/Yard Standards section applies to all districts.

A.

Legal Nonconforming Lots: Any existing lot in conflict with the lot/yard regulations at the effective date of this Ordinance shall be considered a Legal Non-Conforming Lot of Record.

B.

General Requirements: Except as provided in this Ordinance, no building or structure shall be erected, altered, enlarged or reconstructed unless such alteration, enlargement, or reconstruction conforms with the lot/yard regulations of the district in which it is located, as follows:

1.

Front Yard Setbacks: The minimum front yard setbacks shall be as noted in the Two-Page Layout for each Zoning District found in Article 3.

2.

Side Yard Setbacks: The minimum side yard setbacks shall be as noted in the Two-Page Layout for each Zoning District found in Article 3.

3.

Rear Yard Setbacks: The minimum rear yard setbacks shall be as noted in the Two-Page Layout for each Zoning District found in Article 3.

4.

Lot Areas: The minimum and maximum lot areas shall be as noted in the Two-Page Layout for each Zoning District found in Article 3.

5.

Lot Width: The minimum lot width shall be as note in the Two-Page Layout for each Zoning District found in Article 3.

6.

Lot Frontage: The minimum lot frontage shall be as noted in the Two-Page Layout for each Zoning District found in Article 3.

7.

Lot Depth: The maximum lot depth shall be as noted in the Two-Page Layout for each Zoning District found in Article 3.

8.

Public Utility Requirements: The public utility requirements shall be as noted in the Two-Page Layout for each Zoning District found in Article 3.

9.

Lot Coverage: The maximum lot coverage shall be as noted in the Two-Page Layout for each Zoning District found in Article 3.

10.

Living and Ground Floor Areas: The minimum dwelling unit and ground floor living areas shall be as noted in the Two-Page Layout for each Zoning District found in Article 3.

11.

Primary Structures: The maximum number of residential and/or primary structures per lot shall be as noted in the Two-Page Layout for each Zoning District found in Article 3.

C.

Setback Standards: No portion of any temporary structure or materials for sale stored outdoors is allowed to be located within the required setbacks. All accessory uses and structures shall be permitted within the required setbacks subject to the requirements of this Ordinance. Parking spaces, interior drives, other vehicle use areas and sidewalks shall be permitted within the required setbacks at normal grade level subject to the requirements of this Ordinance.

HT-01: This Height Standards section applies to all districts.

A.

The maximum height permitted shall be as noted in the Two-Page Layout for each Zoning District found in Article 3.

B.

No structure may be erected or changed so as to make its height greater than specified in the applicable zoning district, except as noted below. Exceptions to the height standards include:

1.

The following structures may exceed the permitted height regulations by twofold (x2), but shall not exceed a total height from grade level of one hundred fifty (150) feet:

a.

Church steeples

b.

Private water towers, and

c.

Utility transmission towers.

2.

The following structures may exceed the permitted height standards by up to fifteen (15) feet, but shall be completely shielded from view by design features of the building:

a.

Necessary mechanical appurtenances, and

b.

Elevator bulkheads.

3.

The height of telecommunication towers and antenna shall meet the requirements of Section 6.37, Telecommunication Facilities Standards, of this Article.

HT-01: This Septic Tank Standards section applies to all districts.

The following standards shall apply to lots requiring septic tanks:

A.

The above minimum lot sizes are for the typical size home (3 or 4 bedroom) with basic appurtenances such as: driveway, minimum number of trees, and water supply line. If larger homes, swimming pools, tennis courts or outbuildings, etc. are proposed to be constructed or if trees would interfere with installation of an on-site sewage management system, the Clayton County Board of Health may require larger lots to assure useable soil area or proposal may not be approved.

B.

The following land areas are not considered as a part of a lot when calculating the required minimum lot size: right of ways of roads, private or public easements (such as power line or pipe line) that exclude installation of an on-site sewage management system, any area deemed undisturbed by any county or governmental office, flood control and management features (such as retention and/or detention ponds, etc.), any portion of the lot established to grant access to the lot and is less than 30 feet in width, soil conditions that exclude the installation of an on-site sewage management system, bodies of water, land within 50 feet of a lake, river, stream, wetland or other bodies of water and similar limiting factors.

C.

No single-family residence shall be permitted on a lot of less than 25,000 square feet of usable surface area to be served by septic tank(s), regardless of the zoning district classification. With respect to existing platted lots, the Clayton County Board of Health will evaluate each individual request for a permit on a case-by-case basis. This restriction on lot size does not apply to residential development served by community sewer systems. Further, no septic tanks or drainfields will be permitted within a drinking water supply watershed buffer.

D.

No person may begin the physical development of a lot or structure thereon, where an on-site sewage management system will be utilized, nor install an on-site sewage management system or component thereof without having first applied for and obtained from the County Health Department a construction permit for the installation.

E.

In instances where a larger lot is required by the district standard than this section, the larger requirement shall apply.

AA-01: These Architecture and Appearance Standards section applies to all districts.

The intent of this section is to encourage architecture that is unobtrusive and of a design, material, and color that blends harmoniously with the natural surroundings and the form and scale of the County's vision of the built environment. Architectural Design Standards are not meant to stifle innovative design or diversity, but to safeguard properly values and long-term economic assets through quality design and development.

A.

Compliance: Compliance with this Article, as determined by the Zoning Administrator, shall be required as a condition precedent to the issuance of a preliminary plat approval or building permit for any residential dwelling or structure. A decision by the Zoning Administrator or request for a variance may be appealed to the Board of Zoning Appeals, as provided within Article 13. The Department of Community Development is further authorized to adopt administrative regulations establishing the submittal requirements necessary to determine whether a proposed residential dwelling or structure complies within this Article, as well as the requirements of any other applicable Clayton County Ordinance.

B.

Plan Book: A Plan Book shall be submitted by the Applicant to the Zoning Administrator for all proposed development of new single family, two family, townhouse, rowhouse, condominium, or multiple family developments. The documents shall include, but are not limited to: building elevations, design criteria applicable for entries, porches, doors, windows, dormers, columns, cornices, rakes, garages, roofs, landscaping, fencing, retaining walls, exterior colors and materials, and other pertinent information as required by the Zoning Administrator.

AA-02: Architectural Design Standards for Single-Family Detached or Two­ Family Attached Residential Dwellings

A.

Exterior Facade:

1.

The exterior front facade of residential dwellings shall include accents of brick, stone, cemplank shakes, or wood shakes which shall cover at least 50 percent of the surface area thereof; vinyl can be utilized in eaves and so/fit areas only.

2.

The remaining sides of residential dwellings shall be 100% brick, stone, stucco, cementious siding.

3.

Front facades shall incorporate at least two of the features listed below.

4.

Shutters.

5.

Covered porch.

6.

Bay windows.

7.

Roof eave brackets

8.

Gutters must be installed along the roof line of the dwelling and appropriately placed downspouts pointing away from the foundation.

B.

Garages: All single-family detached dwellings shall have an attached or detached two car garage with minimum dimensions of 18 feet width by 20 feet length, which is enclosed on all sides and be architecturally consistent with the primary structure.

C

Mechanical:

1.

All new residential construction air conditioning units and HVAC systems shall be located on the side or rear of the home only.

2.

One condenser unit per floor within the home must be installed (i.e. two-story home = two air conditioner condenser units).

D.

Decks:

1.

Decks are permitted only when located to the rear of the principal structure and such decks shall be no wider than the width of the principal structure.

2.

Decks must fit within the setbacks/building envelope.

E.

Landscaping:

1.

All disturbed areas shall be sodded and stabilized on the front, rear, and side yards.

2.

Two trees must be planted in the front yard of each new single-family detached dwelling.

F

Driveways: Driveway landing must be at least 20 feet and not protrude into the sidewalk and have no more than a one (1) degree incline.

G.

Chimney: Chimneys located on the exterior building wall of the dwelling must extend to the ground and be clad in brick, stone, or masonry finished materials or the same material as the exterior adjacent to the chimney.

H

Accessory Structures: Accessory structures shall be architecturally compatible with the primary structure.

I

Vinyl may be used to replace existing damaged vinyl.

AA-03: Architectural Design Standards for Residential Townhomes, Rowhomes, and Condominiums

A.

Exterior Facade

1.

The exterior facade of residential dwellings shall include accents of brick, stone, cemplank shakes, or wood shakes which shall cover at least 50 percent of the surface area thereof; vinyl can be utilized in eaves and soffit areas only.

2.

The remaining sides of residential dwellings shall be 100% brick, stone, stucco, cementious siding or wood.

3.

Gutters must be installed along the roof line of the dwelling and appropriately placed downspouts pointing away from the foundation.

4.

Walls visible from a public street, adjacent off-street parking areas or other residential uses shall include windows and architectural features similar to the front facade of the building, including, but not limited to awnings, cornice work, edge detailing or other decorative finish materials.

B.

Garages: All single family attached townhouse developments shall have an attached or detached, two car garage, with minimum dimensions of 18 feet width by 20 feet length, which is enclosed on all sides, and be architecturally consistent with the primary structure.

C

Mechanical: All new residential construction air conditioning units and HVAC systems shall be located on the side or rear of the home; none to be installed in the front of the home.

D.

Decks:

1.

Decks are permitted only when located to the rear of the principal structure and such decks shall be no wider than the width of the principal structure.

2.

Decks must fit within the setbacks/building envelope.

E.

Fencing: Each residential dwelling should be separated by a partial fence in the back exterior of the home.

F

Landscaping: All disturbed areas shall be sodded and stabilized on the front, rear, and side yards.

G.

Driveways: Driveway landing must be at least 20 feet and not protrude into the sidewalk and have no more than a one (1) degree incline.

H

Color: The primary color of building exteriors shall be compatible with the colors of adjacent buildings and in character with the surrounding area, provided the trim may be of a contrasting color.

I

Porches: All main entrances to the units shall have a porch or stoop facing the street that is at least six (6) feet in depth and thirty (30) square feet in area.

J

Roofs: All buildings shall have pitched roofs. The roofline may also include varying lines customary with gable or hip style roofing. Functional dormer window features are encouraged. Permitted roofing materials include asphalt shingles, cedar shake, and slate. Standing seam metal roofi.ng is not permitted on residential structures.

K.

Accessory Structures: Accessory structures shall be architecturally compatible with the primary structure.

AA-04: Architectural Design Standards for Multi-family Residential Apartment Developments and Condominiums

A.

Exterior Cladding:

1.

Brick, brick veneer and concrete masonry veneer.

2.

Fiber Cement/Cementitious Siding must be 5/16" nominal thickness with a 30-year warranty to be provided by the manufacturer.

3.

Other materials: The use of exterior insulation and finish systems (EIFS), and stucco must be pre-approved by the Zoning Administrator prior to application submission. Wood siding is not permitted.

4.

Natural or manufactured stone.

5.

All exterior trim, including fascia and soffits, window and door trim, gable vents, etc. must also be constructed of no or very low maintenance materials. Wood fascia must be covered completely with prefinished aluminum with a minimum thickness of .024". Where exterior brick does not extend to an eve line, aluminum flashing shall be installed that extends a minimum of 2" under/behind the above exterior wall surface material and over the outer edge of the brick to prevent water penetration.

6.

Vinyl may be used to replace existing damaged vinyl.

7.

The use of architectural details such as window shutters, window pediments, door pilasters, gable pediments, wrought iron railings, and decorative lighting, are strongly encouraged. Exterior finish materials, architectural detailing, and decorative trim shall be approved by the Zoning Administrator as part of the Plan Book. Any building elevation that is visible from the street must be consistent with the front facades. Structures utilizing a single exterior finish material of brick, stone, or stucco shall be permitted with approval from the Zoning Administrator.

B.

Color: The primary color of building exteriors shall be compatible with the colors of adjacent buildings and in character with the surrounding area, provided the trim may be of a contrasting color.

C.

Facades: Walls visible from a public street, adjacent off-street parking areas or other residential uses shall include windows and architectural features similar to the front facade of the building, including, but not limited to awnings, cornice work, edge detailing or other decorative finish materials.

D.

Exemption: Condominiums established via the conversion of an existing apartment development are exempt from this Section 6.7-AA-04.

E.

Accessory Structures: Accessory structures shall be architecturally compatible with the primary structure.

(Ord. No. 2017-41, § 7, 5-30-17; Ord. No. 2021-244, Pt. I(§§ 1, 2), 11-16-21; Ord. No. 2023-208, § 1, 9-19-23)

AC-01: These Architectural and Appearance Standards section applies to all districts.

The intent of this section is to encourage architecture that is unobtrusive and of a design, material, and color that blends harmoniously with the natural surroundings and the form and scale of the County's vision of the built environment.

A.

Compliance: Compliance with this Article, as determined by the Zoning Administrator, shall be required as a condition precedent to the issuance of a building permit for any commercial or industrial building or structure. A decision by the Zoning Administrator or request for a variance may be appealed to the Board of Zoning Appeals, as provided within Article 13. The Department of Community Development is further authorized to adopt administrative regulations establishing the submittal requirements necessary to determine whether a proposed commercial or industrial building or structure complies with this Article, as well as the requirements of any other applicable Clayton County Ordinance.

AC-02: Architectural Design Standards for Commercial and Industrial Buildings.

A.

On all roadways where buildings or parts thereof are visible, all exposed exterior wall sidings shall be composed of the following maximum and minimum percentages of materials in each classification. The percentages apply to the siding on each exposed exterior wall of each building visible from the street on which such building is located:

1.

Type A material. To consist of face 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.

2.

Type B material. To consist 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. All materials shall be earth-tone in color.

3.

Type C material. To consist of plain reinforced concrete slabs, concrete block with either sculptured treatment or stacked bond and raked joints.

4.

Type D material. To consist of corrugated steel and aluminum without finish prescribed in subsection (2) of this subsection, plain concrete block, redwood or other decorative wood, masonite, article board. All materials shall be earth-tone in color.

B.

Materials not listed may be presented to the Zoning Administrator or his/her designated agent/representative for classification.

C.

Buildings having walls over twenty (20) feet high may be given special material percentages by the Zoning Administrator or his/her designated representative.

(Ord. No. 2023-208, § 2, 9-19-23)

AS-01: This Accessory Use/Structure Standards section applies to the agricultural district.

A.

All accessory uses and structures shall be permitted only in association with, and on the same lot as the primary use or structure. Accessory uses and structures shall not be permitted to be located, placed, or established on any lot prior to the establishment of a primary use or structure unless otherwise permitted by this Ordinance.

B.

Accessory structures are not deemed to include swing sets, mailboxes, lamp posts, doghouses, tree houses, and other such incidentals except as otherwise stated in this Ordinance.

C.

The following accessory structures are permitted, subject to all applicable requirements of this Ordinance:

1.

Antennas and satellite dishes larger than 4 feet in diameter,

2.

Attached and detached decks and patios,

3.

Gazebos,

4.

Pools, hot tubs, and saunas,

5.

Detached garages and/ or workshops,

6.

Mini-barns, sheds, and other storage buildings,

7.

Pole barns, horse barns, animal shelters and cages,

8.

Grain or liquid silos, irrigations systems and turbines, and

9.

Similar structures related to the primary use.

D.

Accessory structures shall comply with the following location requirements:

1.

No accessory structures shall encroach on any platted easement without written consent of the agency the easement belongs to or is managed by.

2.

No accessory structures shall be placed in any operable septic fields or reserve septic fields.

3.

A minimum separation of ten (10) feet shall be provided between any detached accessory structure and any primary structure or other accessory structure.

4.

All accessory structures shall be placed a minimum of five (5) feet from the side and rear property lines, unless otherwise restricted by this Ordinance.

5.

All accessory structures, with the exception of gazebos and decks, shall only be located to the side or rear of the primary structure. When placing the accessory structure in the side yard, the minimum side yard setback as identified within Article 3 of the Zoning District Standard must be met. In the case of corner or through lot, no accessory structure shall be located closer to the front property line than the setback provided by the primary structure.

E.

Accessory structures and uses permitted as conditional uses are specified for each zoning district in Article 3 of this Ordinance.

AS-02: This Accessory Use/Structure Standards section applies to all single family and two family residential districts.

A.

All accessory uses and structures shall be permitted only in association with, and on the same lot as the primary use or structure. Accessory uses and structures shall not be permitted to be located, placed, or established on any lot prior to the establishment of a primary use or structure unless otherwise permitted by this Ordinance.

B.

Accessory structures are not deemed to include swing sets, mailboxes, lamp posts, doghouses, tree houses, and other such incidentals except as otherwise stated in this Ordinance.

C.

The following accessory structures are permitted, subject to all applicable requirements of this Ordinance:

1.

Antennas and satellite dishes larger than 4 feet in diameter,

2.

Attached and detached decks and patios,

3.

Gazebos,

4.

Pools, hot tubs, and saunas,

5.

Detached garages and/ or workshops,

6.

Mini-barns, sheds, and other storage buildings, and

7.

Similar structures related to the primary use.

D.

Accessory uses and structures shall be consistent with the following requirements:

1.

No more than three (3) accessory structures may be placed on any one lot; and

2.

The combined size of all accessory structures on any one lot may not exceed an amount equal to fifty (50) percent of the finished floor area of the primary structure on that lot.

E.

Accessory structures shall comply with the following location requirements:

1.

No accessory structures shall encroach on any platted easement without written consent of the agency the easement belongs to or is managed by.

2.

No accessory structures shall be placed in any operable septic fields or reserve septic fields.

3.

A minimum separation of ten (10) feet shall be provided between all detached accessory structure and any primary structure or other accessory structure.

4.

All accessory structures shall be placed a minimum of five (5) feet from the side and rear property lines.

5.

All accessory structures, with the exception of gazebos and decks, shall only be located to the rear of the primary structure except in the case of corner or through lots; in which case, the structures may be placed to the side of the primary structure. When placing the accessory structure in the side yard, the minimum side yard setback as identified within Article 3 of the Zoning District Standard must be met. In no case may any accessory structure be located closer to the front property line than the setback provided by the primary structure.

F.

Accessory structures and uses permitted as conditional uses are specified for each zoning district in Article 3 of this Ordinance.

AS-03: This Accessory Use/Structure Standards section applies to all multiple family and mobile home districts.

A.

All accessory uses and structures shall be permitted only in association with, and on the same lot as the primary use or structure. Accessory uses and structures shall not be permitted to be located, placed, or established on any lot prior to the establishment of a primary use or structure unless otherwise permitted by this Ordinance.

B.

Accessory structures are not deemed to include swing sets, mailboxes, lamp posts, doghouses, tree houses, and other such incidentals except as otherwise stated in this Ordinance.

C.

The following accessory structures are permitted, subject to all applicable requirements of this Ordinance:

1.

Antennas and satellite dishes larger than 4 feet in diameter,

2.

Attached and detached decks and patios,

3.

Gazebos,

4.

Pools, hot tubs, and saunas,

5.

Detached garages and/ or workshops,

6.

Mini-barns, sheds, and other storage buildings,

7.

Management offices, fitness centers, and recreation facilities, and

8.

Similar structures related to the primary use.

D.

Accessory structures shall comply with the following location requirements:

1.

No accessory structures shall encroach on any platted easement without written consent of the agency the easement belongs to or is managed by.

2.

No accessory structures shall be placed in any operable septic fields or reserve septic fields.

3.

A minimum separation of ten (10) feet shall be provided between any detached accessory structure and any primary structure or other accessory structure.

4.

All accessory structures shall be placed a minimum of five (5) feet from the side and rear property lines, unless otherwise restricted by this Ordinance.

5.

All accessory structures, with the exception of gazebos and decks, shall only be located to the rear of the primary structure except in the case of corner or through lots; in which case, the structures may be placed to the side of the primary structure. When placing the accessory structure in the side yard, the minimum side yard setback as identified within Article 3 of the Zoning District Standard must be met. In no case may any accessory structure be located closer to the front property line than the setback provided by the primary structure.

E.

Accessory structures and uses permitted as conditional uses are specified for each zoning district in Article 3 of this Ordinance.

AS-04: This Accessory Use/Structure Standards section applies to all non-residential districts.

A.

All accessory uses and structures shall be permitted only in association with, and on the same lot as the primary use or structure. Accessory uses and structures shall not be permitted to be located, placed, or established on any lot prior to the establishment of a primary use or structure unless otherwise permitted by this Ordinance.

B.

Accessory structures are not deemed to include mailboxes, lamp posts, bollards, signs, retractable gates or bars, and other such incidentals except as otherwise stated in this Ordinance.

C.

The following accessory structures are permitted, subject to all applicable requirements of this Ordinance:

1.

Antennas and satellite dishes larger than 4 feet in diameter,

2.

Attached and detached decks and patios,

3.

Gazebos, covered porches, and covered patios,

4.

Detached garages and/ or workshops,

5.

Mini-barns, sheds, and other storage buildings,

6.

Vending machines, ice dispensing machines, automated teller machines, and donation/ collection bins or containers,

7.

Security/ site monitoring buildings and cash collection buildings, and

8.

Similar structures related to the primary use.

D.

Accessory structures shall comply with the following location requirements:

1.

No accessory structures shall encroach on any platted easement without written consent of the agency the easement belongs to or is managed by.

2.

No accessory structures shall be placed in any operable septic fields or reserve septic fields.

3.

A minimum separation of ten (10) feet shall be provided between all detached accessory structure and any primary structure or other accessory structure.

4.

All accessory structures shall be placed a minimum of five (5) feet from the side and rear property lines.

5.

All accessory structures, with the exception of gazebos, attached decks and patios, vending machines, ice dispensing machines, automated teller machines, collection and distribution bins or containers, security/ site monitoring buildings, and cash collection buildings, shall only be located to the rear of the primary structure except in the case of corner or through lots; in which case, the structures may be placed to the side of the primary structure. When placing the accessory structure in the side yard, the minimum side yard setback as identified within Article 3 of the Zoning District Standard must be met. In no case may any accessory structure be located closer to the front property line than the setback provided by the primary structure.

6.

Accessory structures shall be architecturally compatible with the primary structure and incorporate similar construction materials.

E.

Requirements for vending machines, ice dispensing machines, automated teller machines, collection and distribution bins or containers are as follows:

1.

No more than two (2) of these accessory structures may be placed on any one lot,

2.

When placing the accessory structure in front of the primary structure, the minimum front yard setback and side yard setback as identified within Article 3 of the Zoning District Standard must be met,

3.

All required parking spaces or drive up lanes must be striped in accordance with the applicable Parking Standard requirements,

4.

In cases where the existing site landscaping does not meet the requirements of the applicable Landscaping Standard requirements, each accessory structure requires the planting of 2 ornamental trees and 6 shrubs to visually balance the site. The landscaping materials may be planted within the parking lot or within the front yard, and

5.

All collection and distribution or containers shall be 80 percent opaquely screened on three (3) sides with building materials similar to those located upon the exterior wall elevations.

F.

Requirements for security/ site monitoring buildings and cash collection buildings are as follows:

1.

Only one (1) security/ site monitoring building and/ or cash collection building may be placed in front of the primary structure on any one lot,

2.

When placing the accessory structure in front of the primary structure, the minimum front yard setback and side yard setback as identified within Article 3 of the Zoning District Standard must be met,

3.

When placing the accessory structure in the side or rear yard, the structure shall be placed a minimum of five (5) feet from the side and rear property lines.

4.

All required parking spaces or drive up lanes must be striped in accordance with the applicable Parking Standard requirements,

5.

In cases where the existing site landscaping does not meet the requirements of the applicable Landscaping Standard requirements, each accessory structure requires the planting of 2 ornamental trees and 6 shrubs to visually balance the site. The landscaping materials may be planted within the parking lot or within the front yard, and

6.

Accessory structures shall be architecturally compatible with the primary structure and incorporate similar construction materials.

G.

Accessory structures and uses permitted as conditional uses are specified for each zoning district in Article 3 of this Ordinance.

AS-05: Accessory Dwellings (Garage Quarters/ Guest Houses/ Caretaker Houses/ Mother-In-Law Suites):

Accessory dwellings are permitted as conditional use within the principle dwelling or as a free standing dwelling in the following zoning districts: AG, ER, and RS-180.

A.

Accessory dwellings shall include basement quarters, garage quarters, caretaker or other employee quarters, guest houses, mother-in-law suites, and other accessory dwellings as determined by the Zoning Administrator.

B.

Accessory dwellings contained within a principle dwelling shall comply with the following standards:

1.

There shall be no more than 1 accessory dwelling in a principle dwelling unit.

2.

The accessory dwelling shall not have the only single access point being from a separate exterior entrance.

3.

One additional parking space shall be provided to serve the accessory dwelling.

4.

The accessory dwelling shall comply with all building and health code standards.

C.

Freestanding accessory dwellings shall comply with the following standards:

1.

There shall be no more than 1 accessory dwelling per residential lot.

2.

The accessory dwelling may be located in a second floor over a detached garage or may be a separate structure.

3.

The accessory dwelling shall be located only within the rear yard.

4.

The accessory structures shall comply with the minimum setbacks set forth within Article 3.

5.

The residential lot shall comply with the minimum lot area standards set forth within Article 3, except that in no case shall an accessory dwelling be located on a lot having less than 12,000 square feet of lot area.

6.

One additional parking space shall be provided to serve the accessory dwelling.

AS-[06]: Outdoor Storage:

A.

Outdoor storage shall be permitted as an accessory in LI and HI use subject to the following requirements:

1.

In the LI, Light Industrial and HI, Heavy Industrial districts outdoor storage shall be limited as follows:

a.

LI - outdoor storage shall be limited to finished products; and

b.

HI - outdoor storage of finished products and materials used in production shall be permitted.

2.

Outdoor storage of vehicles being stored at auto repair facilities and junk yards shall be consistent with Article, 6.32, Parking Standards (PK).

3.

Outdoor storage shall be located within the rear or side yard.

4.

Outdoor storage shall be fully concealed with a solid fence, in addition to any buffer requirements set forth in this Article.

5.

Items stored behind the fully concealed fence may not protrude over the height of the fence.

6.

Outside storage of parts and materials, service areas, refuse, or work activity areas shall be maintained in a neat and orderly manner.

7.

Outdoor storage of new and used tires is prohibited.

B.

In BG, GB, MX and MXI outdoor storage of new and used tires shall be prohibited.

AS-[07]: Swimming Pools and Pool Enclosures:

Swimming pools and pool enclosures shall be permitted as an accessory use within the following zoning districts: AG, ER, RS-180, RS-110, RG-75, RM, MMX, RMH, NMX, RMX, and PUD.

All accessory swimming pools shall meet the following requirements:

1.

All swimming pools shall be placed a minimum of ten (10) feet from the side and rear property lines.

2.

All swimming pools shall only be located to the rear of the primary structure except in the case of corner or through lots; in which case, the structures may be placed to the side of the primary structure. When placing the accessory structure in the side yard, the minimum side yard setback as identified within Article 3 of the Zoning District Standard must be met. In no case may any accessory structure be located closer to the front property line than the setback provided by the primary structure.

3.

All accessory swimming pools shall meet the requirements of the adopted Building Code for the State of Georgia.

AS-[08]: Recreational Vehicle Standards:

This Recreational Vehicle Standards section applies to all zoning districts.

One recreational vehicle owned by the residents may be stored on their individual lot within the confines of the rear yard and shall further follow the requirements of this Article applicable to accessory buildings, insofar as distances from principal structures, lot lines and easements are concerned. All recreational equipment parked or stored shall not be connected to sanitary facilities and shall not be occupied. In those instances where the rear yard is not accessible by means of a driveway, alley or has insufficient side yard clearance for the passage of a recreational vehicle, the recreational vehicle may be parked in the front yard. In those instances where a recreational vehicle is to be parked or stored in a front yard, only the driveway portion of such yard shall be utilized and in no instance shall the recreational vehicle be parked closer than ten (10) feet to the front property line.

AS-[09]: Trash Refuse Standards:

This Trash Refuse Standards section applies to all districts.

All trash refuse areas and dumpsters located in Clayton County shall be consistent with the following minimum standards and requirements:

1.

Permanent trash refuse areas and dumpsters shall be located on a cement pad.

2.

Permanent trash refuse areas and dumpster shall be located within the rear of the primary structure except in the case of corner or through lots; in which case, the structures may be placed to the side of the primary structure or out of visible sight from any roadway.

3.

Permanent trash refuse areas and dumpsters shall be one hundred (100) percent opaquely screened on three (3) sides with building materials similar to those located upon the exterior wall elevations.

4.

Permanent trash refuse areas and dumpsters shall not be located within any required landscape areas, required buffers, required parking areas, or required loading areas.

(Ord. No. 2012-231, § 1, 11-13-12; Ord. No. 2017-41, § 8, 5-30-17; Ord. No. 2017-88, § 2, 12-19-17)

HO-01: Application. This Home Occupations Standards section applies to all districts.

HO-02: Permitted Uses. Home occupations shall be allowed as permitted uses consistent with the provisions of Article 3 of this Ordinance. The allowed home occupations are defined below.

A.

Home Occupations are those which meet the following standards; representing requirements which permit minimal business practices in certain residential zoning districts while maintaining residential character.

1.

The use of a dwelling unit for the home occupation shall be clearly incidental and subordinate to the residential use of the property.

2.

The home occupation shall not involve the employment of any person other than those residing at the location of the home occupation.

3.

At least one (1) person residing on the premises shall be the primary operator of the home occupation.

4.

The home occupation shall not involve any exterior storage or display of products, equipment, or materials that can be visible from the street.

5.

Resident participants in a home occupation must have the appropriate occupational licensing, including business licenses.

6.

There shall be no warehousing of material, equipment, or merchandise on the premises.

7.

There shall be no sales out of the house of merchandise or goods produced as part of the home occupation.

8.

The home occupation shall not make any use of accessory structures, including detached garages and sheds.

9.

The home occupation shall not utilize more than twenty-five (25) percent of the total floor area of the primary structure.

10.

The home occupation shall not require any exterior, structural or aesthetic alterations to the dwelling unit that change the residential character of the dwelling unit.

11.

The home occupation shall not require any additional entrances to the dwelling unit.

12.

The home occupation shall not be allowed to create a nuisance or to create any undue disturbance.

13.

The home occupation may have a sign, attached to the primary structure, not exceeding 2 square feet, as authorized by Article 8, Sign Standards (SS). No off-site sign or signs in the yard of the property shall be permitted.

14.

The home occupation shall not require increasing or enhancing the size, capacity, or flow of the water, gas, septic, sewer, or electrical system beyond that which is standard for a residence.

15.

No equipment or processes shall be used in such home occupation, which creates noise, vibration, glare, fumes, odors or electrical interference, outside the dwelling unit. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any television or radio receivers off the premises, or causes fluctuations in line voltage off the premises.

16.

The home occupation shall not provide parking for customers or visits for business purposes that require the addition of any off-street parking spaces. Customer parking is limited to only one patron at a time.

17.

The home occupation shall not require the use of commercial vehicles for pickup and deliveries other than from the U.S. Postal Service or other express couriers.

18.

No more than one (1) vehicle associated with the home occupation may be parked at the site. Such vehicle is limited to 1 ½-ton carrying capacity and must be used exclusively by the resident.

19.

Retail sales of goods must be entirely accessory to any permitted services provided on the site (such as hair care products sold as an accessory to hair cutting).

20.

The following are permitted home occupations provided they do not violate any of the provisions of this section or any other section within this Ordinance:

a.

Dressmaking, sewing and tailoring.

b.

Painting, sculpturing, writing and other fine arts.

c.

Telephone answering and marketing.

d.

Home crafts, such as model making, rug weaving, and lapidary work.

e.

Instruction or teaching, such as academic, tutoring, performing arts, or fine arts limited to one (1) student at any given time.

f.

Computer application and internet sales, not including the sale of computers.

g.

Office uses for consulting professionals, such as attorneys, realtors, insurance agents, engineers, architects, and other consultants accountants, brokers, etc.

h.

Administrative or clerical support services, such as transcription, court reporters, stenographers, notary public, or addressing services.

i.

Repair of clocks, instruments or other small appliances which do not create a nuisance due to noise, vibration, glare, fumes, odors or result in electrical interference.

j.

Barbershops and beauty parlors, provided the facilities are designed to accommodate only one operator and station, and provided personal services are those which are provided on an appointment-only basis.

k.

General construction and maintenance contractors.

l.

Lawn care and maintenance providers.

m.

Janitorial and cleaning services.

n.

Consultants and representatives for the sales industry, having no product displays onsite.

o.

Day care facilities for adults or children.

21.

Due to incompatibility with the residential character and qualities of residential zoning districts, no license shall be issued for a home occupation in any of the following trades or businesses:

a.

Automotive repair.

b.

Auto sales.

c.

Firearms and firearms' supplies dealers/sales/service (including gunsmithing).

d.

Group assembly or instruction involving more than four (4) persons.

e.

Dancing or band instrument instruction in groups.

f.

Mobile oil change.

g.

Pest control services.

h.

Septic tank operation or repair.

i.

Taxicab/limousine services.

j.

Transporting autos for dealerships.

k.

Wrecker/towing service.

l.

Florists, flower shops, or greenhouses.

m.

Tearooms and restaurants.

n.

Fish hatcheries, worm farms or bait houses.

o.

Kennels and animal hospitals.

p.

Maintenance or similar operations.

q.

Retail or wholesale shops.

r.

Boarding houses, rooming houses, or other motel type establishments.

s.

Activities that involve the use of chemicals, machinery or matter of energy that may create or cause to be created, noise, noxious odors or hazards that will endanger the health, safety or welfare of the community.

HO-03: Conditional Uses.

A.

A home occupation that fully complies with all of the provisions set forth in HO-02 above, with the exception of the following, shall be permitted as a conditional use upon the approval of a conditional use permit consistent with the provisions of Article 3 of this Ordinance.

22.

The home occupation may employ one person who does not reside at the location of the home occupation.

23.

Up to forty (40) percent of the total floor area of any level of the primary structure may be used for the home occupation.

24.

Up to two (2) parking spaces may be added to the lot(s) on which the residence is located.

25.

The home occupation may require one (1) additional entrance to the dwelling unit.

26.

Up to two (2) vehicles associated with the home occupation may be parked at the site. Such vehicles must be limited to one and one-half ton carrying capacity.

The conditional use permit must be obtained from the Board of Zoning Advisors and the Board of Commissioners following a public hearing. The Board of Zoning Advisors and the Board of Commissioners shall consider the needs of the immediate neighborhood, the nature of the proposed business, the availability of parking, traffic generation and any other issue that may detract from the residential character of the area and property values. The public hearing shall follow the same procedures and fees set forth in Article 10 of the Zoning Ordinance.

(Ord. No. 2008-215, § 1, 12-2-08; Ord. No. 2017-41, § 9, 5-30-17)

DCF-01: This Family Day Care Home Standards section applies to all districts.

Each family day care home shall be subject to the following requirements, when located within a residential zoning district or residential dwelling:

A.

All regulated facilities shall comply with the State regulation and acquire applicable State licenses for operation.

B.

All facilities shall comply with the adopted Building Code for the State of Georgia.

C.

Each family day care home shall provide not less than thirty-five (35) square feet of indoor play area for each child, based on maximum permissible enrollment.

D.

Each family day care home shall provide not less than two hundred (200) square feet of outdoor play area for each child, based on maximum permissible enrollment.

E.

All required outdoor play/recreation areas shall be enclosed by a fence or wall not less than four (4) feet in height.

F.

The exterior appearance of any residential structure for which a family day care home is approved, shall be maintained as a residential structure and no signs other than a sign, attached to the primary structure, not exceeding 2 square feet, as authorized within Article 8, Sign Standards (SS), shall be erected, and no cut-outs, animals characters, or other graphics shall be affixed to the exterior of the structure or displayed upon the premises.

G.

No family day care home shall be located within one thousand five hundred (1,500) feet of another day care facility.

H.

All facilities must register with the Department of Community Development and provide a copy of all State licenses and documentation.

I.

All facilities must apply for and receive a Clayton County Business License.

DCF-02: This Group Day Care Home Standards section applies to all districts.

Each group day care home shall be subject to the following requirements, when located within a residential zoning district or residential dwelling:

A.

All regulated facilities shall comply with the State regulation and acquire applicable State licenses for operation.

B.

All facilities shall comply with the adopted Building Code for the State of Georgia.

C.

Each child day care facility shall provide not less than thirty-five (35) square feet of indoor play area for each child, based on maximum permissible enrollment.

D.

Each child day care facility shall provide not less than two hundred (200) square feet of outdoor play area for each child, based on maximum permissible enrollment.

E.

All required outdoor play/recreation areas shall be enclosed by a fence or wall not less than four (4) feet in height.

F.

The exterior appearance of any residential structure for which a family day care facility is approved, shall be maintained as a residential structure and no signs other than a sign, attached to the primary structure, not exceeding 2 square feet, as authorized within Article 8, Sign Standards (SS), shall be erected, and no cut-outs, animals characters, or other graphics shall be affixed to the exterior of the structure or displayed upon the premises.

G.

No day care facility shall be located within one thousand five hundred (1,500) feet of another day care facility.

H.

All facilities must register with the Department of Community Development and provide a copy of all State licenses and documentation.

I.

All facilities must apply for and receive a Clayton County Business License.

DCF-03: These Day Care Center Standards section applies to all districts.

Each day care center shall be subject to the following requirements when located within a commercial building or commercial zoning district:

A.

All regulated facilities shall comply with the State regulation and acquire applicable State licenses for operation.

B.

Each child day care facility shall provide not less than thirty-five (35) square feet of indoor play area for each child, based on maximum permissible enrollment.

C.

Each child day care facility shall provide not less than two hundred (200) square feet of outdoor play area for each child, based on maximum permissible enrollment.

PCH-01: This Personal Care Home. Boarding Home, and Group Home Standards section applies to all districts. Each personal care home, boarding home, and group home, no matter the size, shall be subject to the following requirements:

A.

All regulated facilities shall comply with the State regulation and acquire applicable State licenses for operation.

B.

All facilities must register with the Department of Community Development and provide a copy of all State licenses and documentation.

C.

The exterior appearance of any residential structure for which a personal care home, boarding home, or group home is approved, shall be maintained as a residential structure and no signs other than a sign, attached to the primary structure, not exceeding 2 square feet, as authorized within Article 8, Sign Standards (SS), shall be erected.

D.

Meet all regulations as identified in the adopted building code and adopted fire code.

E.

Meet all parking standards as identified within Section 6.32, Parking Standards (PK).

F.

All facilities must apply for and receive a Clayton County Business License.

PCH-02: This Personal Care Home, Boarding Home, and Group Home Standards section applies to all districts. Each personal care home, boarding home, and group home having four (4) or more persons shall be subject to the following additional requirements:

A.

The minimum site area in a residential district is two (2) acres. The provisions of Section 10.8 shall not apply to this standard.

B.

There shall be a distance requirement of l mile between each establishment. Such distance shall be determined by measuring from the outer boundary of the property on which the closest group home, boarding home, or personal care home is located to the outer boundary of the closest proposed group home, boarding home or personal care home at their closest points. The provisions of Section 10.8 shall not apply to this standard.

C.

Building & Fire inspections are required.

(Ord. No. 2017-41, § 10, 5-30-17; Ord. No. 2021-56, § Pt. I(§ 8), 3-16-21; Ord. No. 2023-16, pt. II, 1-17-23)

POW-01: This Places of Worship, Theater, and Amphitheater Standards section applies to all districts.

The following shall apply to places of worship, convents and monasteries, theaters, amphitheaters, public parks, playgrounds, and recreation centers, and other related uses:

A.

Any building or structure established in connection with places of worship, monasteries or convents, theaters, amphitheaters, and other related uses in residential districts shall be located at least fifty (50) feet from any property line.

B.

A forty (40) feet wide landscaped buffer in accordance with Buffer Yard, Type 3, as identified within Article 6.35, Buffer Yard Standards, shall be planted along the side and rear property lines when located one hundred (100) feet or less to any property line of a residential zoned lot or lot containing a residential dwelling.

C.

Places of worship, convents and monasteries, theaters, amphitheaters, and other related uses, in residential districts shall be located on a minimum lot area of five (5) acres and shall have frontage of at least two hundred (200) feet along a public street.

D.

Places of worship, convents and monasteries, theaters, amphitheaters, and other related uses in residential districts shall be located on a major thoroughfare having a street classification of at least that of a collector street.

E.

Meet all commercial building regulations as identified in the adopted building code and all adopted fire codes.

F.

Meet all parking standards as identified within Article 6.32, Parking Standards (PK).

G.

The establishment of sites and tents for temporary religious meetings, theaters, amphitheaters, requires the granting of a special building permit from the Department of Community Development. Such sites may not be used for a purpose covered by this Article for a cumulative period of more than fourteen (14) days during any calendar year.

H.

If the use in this section is located on the ground floor of a multi-tenant building, it shall occupy no more than 35 feet of the building frontage.

(Ord. No. 2012-55, § 1, 3-13-12; Ord. No. 2017-41, § 11, 5-30-17)

PPP-01: This Parochial and Private School Standards section applies to all districts.

The following shall apply to parochial and private schools and colleges, including dormitories, convents, and monasteries when these facilities are located on the same property of the parochial or private school or college.

A.

Any such facility shall be located on a lot having a minimum of two hundred (200) feet of continuous frontage on a major thoroughfare having a street classification of at least that of a collector street.

B.

The minimum site area shall be three (3) acres.

AU-01: This Adult Orientated Uses Standards section applies to the following districts: HI.

Standards for adult oriented uses are found in Clayton County's Adult Oriented Business Ordinance.

AV-01: This Automobile and Recreational Vehicle Sale Standards section applies to the following districts: GB, LI, and HI.

A.

The site design standards for automobile and recreational vehicle (new and used vehicles) sales are as follows:

1.

The minimum lot size for any automobile and recreational vehicle sales establishment is two (2) acres.

2.

The minimum public road frontage for any automobile and recreational vehicle sales establishment is two hundred (200) feet.

SY-01: This Salvage Yard and Junk Yard Standards section applies to the following districts: LI and HI.

A.

The site design standards for salvage yards and junk yards are as follows:

1.

Salvage yards and junk yards shall be setback a minimum of five hundred (500) feet from residentially zoned property.

2.

A solid wall or fence that is a minimum of six (6) feet in height and a maximum of eight (8) feet in height shall be erected around any outdoor storage areas. In addition, the solid wall or fence shall be setback a minimum of 50 feet from all property lines.

3.

The storage of salvaged or junk materials shall not exceed the height of the fence or wall.

4.

The storage of salvaged or junk materials shall not be located outside of the fence or wall.

LF-01: This Municipal Solid Waste Landfills, Inert Landfills, Construction and Demolition Landfills, and Solid Waste Collection and Recycling Center Standards section applies to the following districts: AG and HI.

A.

The subject site must have a valid solid waste handling permit issued by the Georgia Environmental Protection Division (EPD) and considered a disposal facility accepting only waste unlikely to cause environmental harm. Such waste includes: waste building materials and rubble resulting from construction, remodeling, repair, and demolition operations on pavements, houses, commercial buildings and other structures; and includes but is not limited to wood, bricks, metal, concrete, wall board, earth, earth-like products, cured asphalt, rock, yard trimmings, stumps, limbs and leaves.

B.

Soils, groundwater, floodplains, and other natural resources shall not be negatively impacted by the municipal solid waste landfills, inert landfills, construction and demolition landfills, and solid waste collection and recycling center.

C.

The site design standards required for a municipal solid waste landfill, inert landfills, construction and demolition landfill, and solid waste collection are as follows:

1.

Municipal solid waste landfills, inert landfills, construction and demolition landfills, and solid waste collection and recycling centers shall be setback a minimum of 1,000 feet from residentially zoned property.

2.

A solid wall or solid fence that is a minimum of six (6) feet in height shall be erected around the entire perimeter.

3.

These landfills will have a minimum of 200 feet buffer from the waste disposal cells to the property lines. Adjacent lands of a common landowner may be utilized for these buffers if zoned industrial. Ancillary permitted activities in this designation include excavation and removal of soil or rock from the site, storage of excavated materials, recovery and recycling of inert landfill material, and installation of equipment and facilities for these purposes.

D.

Sanitary landfills are allowed as a conditional use in the Agricultural Zoning District provided the following conditions are met:

1.

They are located, constructed and operated in conformance with the standards set forth by Georgia EPD;

2.

Plans are submitted to and approved by the Board of Commissioners at the time of the application for rezoning, showing a comprehensive plan and timetable for the reuse of the property at the cessation of the landfill operation.

E.

Recycling centers are allowed as a conditional use in the Heavy Industrial District provided the following conditions are met:

1.

Recycling centers shall be setback a minimum of six hundred (600) feet from residentially zoned property.

2.

Recycling centers must be located upon two (2) or more acres.

3.

A solid wall or solid fence, which is a minimum of six (6) feet in height shall be erected around the entire perimeter.

(Ord. No. 2015-134, § 1, 5-19-15)

ME-01: This Mining and Mineral Extraction Standards section applies to the following district: HI.

Extraction of natural resources, including the removal of minerals, together with the necessary buildings and machinery will be allowed as a conditional use in the Heavy Industrial Zoning District provided that:

1.

The subject site must have a valid permit issued by the Georgia Environmental Protection Division (EPD) for extraction operations.

2.

Soils, groundwater, floodplains, and other natural resources shall not be negatively impacted.

3.

Any extension of quarrying operations beyond the limits actually being quarried at the effective date of this ordinance shall be considered as a new operation and shall be subject to requirements herein;

4.

Quarry areas being excavated shall be entirely enclosed within a fence located at least ten feet back from the edge of any excavation and of such construction and height as to be demonstrably able to exclude children and animals from entry; and

5.

At the time of the application for the conditional use permit, the owners or operators of the quarry shall present to the Board of Commissioners a comprehensive plan for the refuse of the property at the cessation of the quarry operation.

KS-01: This Kennel Standards section applies to the following district: AG.

Kennels and similar operations are allowed as a conditional use in the Agricultural zoning district, provided that the parcel of land has a minimum of three (3) acres and no portion of a building, pen, or structure used to contain animals shall be located closer than two hundred (200) feet to any property line. The facility must meet all State regulations, O.C.G.A. § 4-11-3.

CS-01: This Cemetery Standards section applies to the following district: AG.

Cemeteries will be allowed as a conditional use in the Agricultural Zoning District provided that they are not less than five (5) acres in area. The facility must meet all State regulations, O.C.G.A. § 10-14-10.

TS-01: This Temporary Sawmill Standards section applies to the following district: AG

Temporary sawmills for the cutting of timber will be allowed as a conditional use in the Agricultural Zoning District provided that no machine operation is located closer than two hundred (200) feet to a property line.

AH-01: This Airport and Heliport Standards section applies to the following district: AG.

Private airport, heliport, and helicopter stop facilities will be allowed as a conditional use in the Agricultural Zoning district provided that the minimum site area shall be five (5) acres, and there shell be an undisturbed buffer area of not less than two hundred (200) feet provided along all property lines which abut property with a residential zoning classification, or property with any other zoning classification which is developed with a structure or other improved facility.

TT-01: This Truck Terminals Standards section applies to the following districts: LI and HI.

All truck terminals shall be constructed as follows:

A.

Class "A" materials, as defined in Section 6.8, Architectural and Appearance Standards for Commercial and Industrial Buildings and Structures, on each building wall.

B.

Breaks, of at least sixteen (16) inches in depth, in the front building wall no less than every forty (40) feet.

C.

Minimum office space of twenty (20) percent for the total non-repair-use structures.

D.

Truck courts, trucks, and trailers must be located behind a fence or masonry wall no less than eight (8) feet in height. The fence may not encroach into the front yard area past the front edge of the building. In addition, trucks and trailers must be parked in an orderly fashion and on surfaces paved with asphalt or concrete.

E.

Any truck repair must be performed inside an enclosed building.

F.

Each site shall have a landscaped buffer of fifty (50) feet in width along any right-of-way.

RV-01: This Recreational Vehicle Parks Standards section applies to the following district: AG.

Campgrounds for recreational vehicles, campers, or motor coaches are allowed as conditional uses in the Agricultural Zoning District, provided that the following requirements are met:

1.

Adequate water and sewage facilities shall be provided.

2.

No such park shall be located except with direct access to a county, state or federal highway and having a minimum of three hundred (300) feet of frontage thereon to permit adequate design of entrances and exits.

3.

The minimum area for such park shall be ten (10) acres, and maximum density within any park shall be eight (8) units per gross acre.

4.

The condition of the soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed to objectionable smoke, noise, odors or other adverse influences, and no portion subject to unpredictable and/or sudden flooding, subsidence or erosion shall be used for any purpose which would expose persons or property to hazards.

5.

Spaces in such parks may be used by motor coaches, travel trailers, equivalent facilities constructed in or on automotive vehicles, tents or other short-term housing or shelter arrangements or devices.

6.

Management headquarters, recreational facilities, showers, coin-operated laundry facilities, and other uses and structures customarily incidental to the operation of a recreational vehicle park are permitted as an accessory use in any district in which recreational vehicle parks are allowed provided:

a.

Such establishments and the parking areas primarily related to their operations shall not occupy more than ten percent of the area of the park.

b.

Such establishments shall be restricted in their use to occupants of the park.

c.

Such establishments shall present no visible evidence of their commercial character which would attract customers other than occupants of the park.

7.

In addition to yard requirements, the following limitations shall apply with respect to such parks. No space shall be located so that any part intended for occupancy for sleeping purposes shall be within fifty (50) feet of the right-of-way line of any county street or state or federal highway.

8.

RV Parks shall comply with all applicable regulations including, state, County, and Health Department Guidelines.

PS-01: This Performance Standards section applies to all districts.

All uses begun after the effective date of this ordinance should comply with the following general performance standards in the interests of protecting public health, safety, and general welfare and lessening damage to property. No use on a property should exhibit obnoxious characteristics to the extent that it constitutes a public nuisance or interferes with reasonable enjoyment of neighboring properties. No use in existence on the effective date of this ordinance should be altered or modified to conflict with these standards.

A.

Air Pollution: No use on a property should release fly ash, dust, smoke, vapors, noxious, toxic or corrosive matter or other air pollutants in such concentration as to be detrimental to health, animals, vegetation or property, or violate public air quality standards.

B.

Electrical Disturbance: No use on a property should cause electrical disturbance adversely affecting radio, television or other equipment in the vicinity.

C.

Fire Protection: Fire fighting equipment and prevention measures acceptable to the local Fire Departments should be readily available and apparent when any activity involving the handing and storage of flammable or explosive materials is conducted.

D.

Noise: No use on a property should produce noise in such a manner as to be objectionable because of volume, frequency, intermittence, beat, shrillness, or vibration. Such noise should be muffled or otherwise controlled so as not to become detrimental. Public safety sirens and related apparatus used solely for public purposes shall be exempt from this standard.

E.

Odor: No use on a property should emit across lot lines any gas or matter with a bad odor in such quantity as to be readily detectable at any point along such lines.

F.

Vibration: No use on a property should cause vibrations detectable beyond lot lines without the aid of instruments.

G.

Heat and Glare: No use on a property should produce heat and glare in such a manner as to create interference with the reasonable enjoyment of neighboring property, or the safety of transportation routes.

H.

Waste Matter: No use on a property should accumulate within the lot or discharge waste matter beyond the lot lines.

I.

Water Pollution: No use on a property should produce erosion or other pollutants in such a quantity as to be detrimental to adjacent properties or to conflict with public water quality standards.

J.

Traffic: No use on a property should cause excessive vehicular traffic on adjoining roads.

K.

Maintenance on Private Property: Every person or entity owning or occupying improved or unimproved property within the County shall at all times maintain such property in a clean and sanitary condition which shall include, but not be limited to, keeping the property free from all waste, litter, trash, dead animals and rubbish of every nature and kind. In order to prevent the property from becoming a breeding ground for vermin and other types of pests the property shall also be kept free of weeds, underbrush and high grass more than eight (8) inches in height.

L.

Maintenance on Sidewalks: The occupant of any building and the owner of any lot shall keep the sidewalks adjacent to such building or lot clean of such refuse, rubbish, dead animals, weeds, underbrush and high grass, etc., as specified more completely in Section 6.26 (L), above. As used in this section, "sidewalk" shall include all the ground, whether paved or not, between the property line and back of curb or edge of pavement if no curb exists.

SV-01: This Sight Visibility Standards section applies to all districts.

The intent of Sight Visibility Standards is to provide for a safe vehicular and pedestrian transportation system. The visibility at intersections, driveways, curb cuts, and entrances are particularly important for the safe movement of vehicles and pedestrians.

A.

All intersections must meet American Association of State of Highway Transportation Officials Sight Distance Requirements as described within the Department of Transportation and Developments Land Disturbance and Right-of-Way Construction Guidelines.

PI-01: This public Improvement Standards section applies to all districts.

A.

General Requirements: Developments are permitted only if the public streets, drainage facilities, and utilities are adequate to serve the proposed development.

1.

The Department of Transportation and Development shall make determinations as to needed street and utility improvements.

2.

The Clayton County Water Authority shall make determinations as to needed drainage and utility, including water and sewer, improvements.

3.

All public improvements must be constructed to comply with all applicable standards included in this Ordinance, the Clayton County Subdivision Ordinance, any other adopted engineering and/or construction standards of Clayton County and State law.

B.

Sidewalks: All developments, except those located within the Agricultural (AG) zoning district, shall be required to install public sidewalks along any public streets within and adjacent to the development.

1.

All sidewalks shall be constructed in the right-of-way or in a sidewalk easement adjacent to the right-of-way as required by the Department of Transportation and Development.

2.

Sidewalks shall be a minimum of five (5) feet in width in residential areas and six (6) feet width in nonresidential areas, and constructed of concrete consistent with all applicable Clayton County construction standards.

3.

Sidewalks shall connect to adjacent developments to create uninterrupted pedestrian walkways.

C.

Internal Pedestrian Pathways: All developments shall be required to install designated walks or paths providing for pedestrian and bicycle movement between public sidewalks and the structures on the site.

1.

These designated pedestrian pathways shall be a minimum of eight (8) feet in width and include an improved surface of asphalt.

2.

Designated walks shall be separated by grade or distance from entrance drives and internal traffic aisles and drives.

D.

Street Construction: Roadways shall be constructed in accordance with the guidelines of the Clayton County Department of Transportation and Development.

E.

Street Trees: All developments shall be required to provide street trees within the private property along the right-of-way, outside of the clear zone as delineated within the Department of Transportation and Development's Land Disturbance and Right-of-way Construction Guidelines.

1.

One street tree shall be planted for every forty (40) feet of road frontage.

2.

All street trees shall be a minimum of two and one half (2-1/2) inch caliper as measured consistent with the American Nursery Standards Institute (ANSI) at the time of planting and shall be of a species listed as an approved street tree in Article 6.15 of the Subdivision Ordinance [Section 86-160 of this Code].

3.

No tree shall be planted within ten (10) feet of any fire hydrant or five (5) lateral feet of any underground utility service.

F.

Maintenance on Sidewalks: The occupant of any building and the owner of any lot shall keep the sidewalks adjacent to such building or lot clean of such refuse, rubbish, dead animals, weeds, underbrush and high grass, etc., as specified more completely in Section 6.26 (L), Performance Standards. As used in this section, "sidewalk" shall include all the ground, whether paved or not, between the property line and the back of curb or edge of pavement if no curb exists.

G.

Storm water: Storm water drainage systems in developments shall be in accordance with the requirement of the Clayton County Water Authority and not result in any additional run-off being transferred to adjacent properties other than through proper easements established for that purpose.

H.

Water and Sewer: The size of all water and sewer mains shall be in accordance with the requirements of the Water Authority.

I.

Fire Protection: Fire hydrants and other fire fighting infrastructure shall be installed in accordance with the requirements of the Clayton County Fire Department.

J.

Easements: No structure with the exception of fences may be located in, or otherwise obstruct any easement. Fences shall be permitted within easements subject to the receipt of written permission from the easement holder. Approval of the Zoning Administrator and applicable County Department shall be required for all fences proposed for placement in easements which are held by Clayton County.

MS: This Mobile Home Standards section applies to the following district: RMH.

A.

A site plan shall be submitted to and approved by the Department of Community Development prior to any development or expansion of a mobile home park. No mobile homes shall be placed in the new area of an existing park or a new park until the final site plan is approved.

B.

The minimum space limits and setback requirements shall be as set forth in Article 3 of this Ordinance.

C.

The maximum overall mobile home park density shall not exceed five (5) units per gross acre.

D.

No additions shall be made to a mobile home park or mobile home that will violate setback requirements.

E.

Each mobile home unit shall be installed on a concrete block foundation, of which the base block shall be solid and equal in size to the pier block size, which is a minimum of eight (8) inches by eight (8) inches by sixteen (16) inches. Top course of said parts of foundation shall be a solid cap block with a minimum dimension of four (4) inches by eight (8) inches by sixteen (16) inches. The mobile home unit shall be installed true and plumb. The tongue and wheels shall be removed and an approved permanent skirting shall be installed.

F.

Each mobile home in a mobile home park shall be provided with safety tie-downs in conformance with Clayton County building code requirements.

G.

All streets and driveways within the mobile home park shall be lighted between sunset and sunrise with electric lights emitting light at an intensity of at least 5,000 lumens, and the light poles shall be no more than 250 feet apart.

H.

All streets and driveways shall be properly designed and shall have a minimum pavement width of twenty-four (24) feet as approved by the Department of Transportation and Development.

I.

An adequate supply of pure, potable water for drinking and domestic purposes shall be supplied by pipes to all buildings and mobile home spaces within the park. Each mobile home stand shall be provided with an approved cold water connection and a tap (hydrant) constructed in accordance with the plumbing standards adopted by Clayton County, Georgia.

J.

The area around and underneath each mobile home unit shall be kept clean and free from collection of refuse, rubbish, glass bottles or other unsightly material.

K.

Refuse control shall be provided by either of the following methods:

1.

Centrally located trash collection stations shall be provided for each twenty (20) mobile home spaces, or fraction thereof, conveniently located to serve tenants, not more than two hundred (200) feet from any space served, and shall be conveniently located for collection. Such station shall be constructed with a concrete floor and appropriate enclosure as stated in Section 6.9, Accessory Structures.

2.

A centrally located trash compactor.

L.

No mobile home park shall be served by a privy.

M.

Every mobile home park shall be equipped at all times with fire equipment in good working order and of such type, size, number and location as to satisfy applicable fire regulations of Clayton County; provided further, that no open fires or burning of leaves or other refuse shall be permitted within the boundaries of any mobile home park.

N.

A minimum of fifteen (15) percent of the gross acreage of the mobile home park shall be set aside for the recreational use by residents of the mobile home park. Said recreational park shall be one contiguous tract or several tracts each no smaller than one-half acre and located within the mobile home park in such a manner as to be convenient to all its residents. The recreational park shall be located on land suitable for park development and shall contain a sufficient amount of play equipment designed for elementary-school-age children.

O.

Planted buffers shall be required per Section 6.35, Buffer Yard Standards.

P.

Coin-operated laundries for the use of the residents of the mobile home park shall be permitted within enclosed buildings inside the park. Building structures containing said laundries may also contain vending machines and recreational rooms and activities.

Q.

The regulations governing mobile home parks prescribed by the health department, as well as other county or state regulations, shall be complied with.

R.

Each mobile home space shall have the following:

1.

A concrete patio at least four inches thick with minimum dimensions of 40 feet by eight feet within each trailer space; or

2.

A wooden deck built to Clayton County specifications and having a surface area of at least 320 square feet; or

3.

A combination of a concrete patio at least four inches thick and a wooden deck built to Clayton County specifications, provided the combined surface area (excluding steps) is at least 320 square feet.

FW-01: This Fence and Wall Standards section applies to all districts.

A.

Fences and walls shall be permitted in all zoning districts with the issuance of a permit subject to conformance with the following requirements:

1.

Height and location requirements: All fences and wall shall be erected in compliance with the following table:

2.

All required setbacks for fences and walls shall be measured from the property line or existing street right-of-way line. Height of such fences or walls shall be measured from the grade level to the highest point of the fence or wall.

3.

All fences and walls located within the front yard shall be less than four (4) feet in height.

4.

All fences and walls, including, but not limited to posts, foundations, and overhanging elements, shall be located completely within the limits of the lot to which they are associated. Fences and walls located within required side and rear yards may be erected on the property line with the submission of written consent from all adjacent property owners or a certified survey verifying the location of lot boundaries.

5.

All fences and walls may be permitted up to any property line that is not also a right-of-way line. All fences and walls shall be setback a minimum of two (2) feet from all adjacent rights-of-way or clear zone, as designated within the Department of Transportation and Development's Land Disturbance and Right-of-way Construction Guidelines, whichever is greater.

6.

Fences that have one finished or decorative side shall be oriented with the finished or decorative side facing outward towards adjacent parcels and away from the interior of the lot to which the fence is associated. Masonry walls shall be finished in a similar manner on all sides.

7.

No fence or wall may be placed in any right-of-way or any required sight clear zone, as defined within Section 6.27, Sight Visibility Standards.

8.

No fence or wall may be placed in any drainage, utility, sidewalk, landscaping, access or other easement without written permission from the easement holder.

9.

No fence or wall may be placed in any required buffer zone that does not specifically provide for the inclusion of fences.

10.

On residential corner lots, a chain link fence or privacy fence up to six (6) feet in height is permitted within a front yard of a side street provided the residences on the adjacent lot and opposing lot do not front on such side street. Such chain link fence or privacy fence shall not extend beyond the front building line into the front yard of the street that the front of the dwelling faces.

11.

On nonresidential lots, a privacy fence or an obscuring wall up to six (6) feet in height shall be permitted within a front yard provided a four (4) foot vegetative buffer strip is provided between the proposed front yard fence and the front property line.

12.

Fences and walls located on M1 & M2 properties are exempt from regulations governing height and materials.

B.

Fences specifically required by this Ordinance for screening, swimming pools, telecommunications facilities, or other purposes may exceed the maximum heights established by this section in a manner consistent with the specific requirements of this Ordinance.

C.

The height of a fence shall be determined by measuring from the highest grade to the highest point of the fence, including any posts or finials.

D.

The following fences and walls are prohibited within Clayton County:

1.

Barbed-wire, razor-wire, or electrified fences, except where, for the purpose of ensuring public safety, the Board of Zoning Appeals may grant approval for installation.

2.

Wire fences, except where such fences are located on parcels used for agricultural purposes and not less than three (3) acres in size with a minimum road frontage of 200 feet.

3.

Any fence or wall unlawfully installed, erected or maintained.

E.

Permits required: A fence permit shall be required for all work performed in association with the construction, alteration, or relocation of a fence or wall, except where otherwise specified herein.

1.

Fences and walls for which a fence permit is not required:

a.

Repairs: Repairs to an existing fence or wall with no structural changes.

b.

Replacement: Replacement of an existing fence with a new fence that is the same type, and height and in the same location as the existing fence; provided the replacement fence is otherwise in full compliance with this ordinance.

c.

Gates: The installation of gates of up to eight feet in width in an existing fence or wall with no structural changes.

d.

Fences associated with active farms: Wire or wood fences associated with an active farm on parcels of not less than three (3) acres in size with a minimum road frontage of 200 feet.

e.

Living fences: Planting of continuous hedgerows or similar landscape features.

F.

Permit application: Applications for fence permits shall be made upon forms provided by the Community Development Department. The following information shall be provided with the application:

1.

A plot plan or lot survey shall be provided that includes the location of all existing and proposed fences, walls, structures, easements and setback dimensions. A detail of the proposed fence or wall with all appropriate dimensions shall also be provided.

2.

Written consent of all adjacent property owners, or a certified survey verifying the location of lot boundaries, if a fence or wall is proposed to be erected or installed on a property line.

3.

Other information that the Zoning Administrator may require to show full compliance with this ordinance.

G.

Legal nonconforming fences and walls: All existing legal nonconforming fences or walls shall be permitted to continue as such until removed, extended or altered, at which time such fences or walls shall be made to conform to the provisions of this Article.

H.

Removal of illegal or damaged fences or walls: Damaged or illegal fences or walls shall be immediately repaired, replaced, or removed by the owner, agent or person having the beneficial use of the building or structure upon which said fence or wall shall be found. Upon identification of a damaged or illegal fence or wall, the Zoning Administrator or his designee shall order the property owner via citation or letter to remove or make repairs within ten (10) business days. If the damaged fence or wall is not removed or repaired as ordered within forty-five (45) calendar days, the Board of Commissioners may authorize the County Attorney to pursue court approval for the removal or repair at the expense of the property owner. All expenses related to the removal or repair shall be placed upon the tax roll for the property to which the fence is associated unless immediately reimbursed by the property owner.

(Ord. No. 2017-41, § 12, 5-30-17)

LR-01: This Large-Scale Retail Facility Standards section applies to all districts.

This section shall apply to all retail development which includes one or more structures which individually exceed 25,000 square feet in gross floor area. The purpose of these standards is to provide additional design criteria for large-scale retail facilities to ensure safe and efficient vehicle and pedestrian circulation, and protect the general welfare of the community by ensuring that such facilities are consistent in design with, and complimentary to, adjacent land uses and the physical characteristics of Clayton County.

A.

Architectural Design Standards: The architectural design of the structure shall meet the following requirements:

1.

Facades and Exterior Walls: Facades and exterior walls shall generally be articulated to visually reduce the scale of the building and provide visual interest.

a.

All buildings shall be designed with a minimum of eight (8) external corners.

b.

All front facades between external corners which equal or exceed two hundred (200) feet in length shall incorporate wall place projections or recesses along at least twenty (20) percent of the length. All such wall plane projections or recesses should have a depth equal to at least three (3) percent of the length of the facade.

c.

All facades which face a public street shall have arcades, display windows, entry areas, or awnings at the ground floor along a minimum of sixty (60) percent of their horizontal length at the ground floor.

d.

Building penthouses shall be incorporated into the building facade design and make use of exterior materials consistent with the facades.

2.

Tenant Spaces: When smaller, tenant spaces are located within a structure that exceeds 25,000 square feet in gross floor area, such spaces shall meet the following requirements when located along the front facade of the building:

a.

Each such space may have a customer entrance which is separate from the main entrance(s) of the structure.

b.

The ground level facade of each such store located along the front facade shall be transparent between the height of three (3) and eight (8) feet above the exterior grade level for a minimum of sixty (60) percent of the horizontal length of the front building facade occupied by each tenant.

3.

Roofs: All roof-top equipment, such as HVAC units, shall be screened from public view on all sides by parapets, dormers or other screens. The material of all structures used to screen roof-top equipment shall be consistent with the exterior materials used on the facade of the structure. Roofs shall also meet the following requirements:

a.

Flat roofs shall feature parapets concealing roof-top equipment. The parapets shall not exceed an average height equal to fifteen (15) percent of the height of the supporting wall, and shall not at any point exceed a height equal to thirty (30) percent of the supporting wall.

b.

Sloped roofs shall feature a roof plane change, gable, or dormer for every one hundred (100) feet of horizontal length.

(1)

Sloped roof exterior material shall either be standing seam metal or dimensional shingles.

(2)

Sloped roofs shall include overhanging eaves which extend a minimum of 3 feet beyond the supporting walls.

(3)

Sloped roofs shall not be sloped less than fifteen (15) degrees nor greater than forty-five (45) degrees.

4.

Building Materials: A minimum of three different materials shall be used for all front building exteriors and any side or rear elevation visible from a roadway. The primary front building facade materials shall consist of stone, brick, glass, ornamental metal, architectural pre-cast (panels or detailing), or architectural metal panels, as defined in Section 6.8, Architectural and Appearance Standards for Commercial and Industrial Buildings and Structures.

5.

Customer Entrances: All customer entrances located along the front facade, including those for smaller, tenant spaces as described above, shall be clearly defined and highly visible. The design of each entrance shall feature a combination of three (3) or more of the following features:

a.

Canopies and portions;

b.

Overhangs;

c.

Recesses or projections;

d.

Arcades;

e.

Raised, corniced parapets;

f.

Peaked roof forms;

g.

Arches;

h.

Outdoor patios;

i.

Display windows;

j.

Architectural details, such as tile work and moldings which are integrated into the building structure and design; or

k.

Fixed-in-place planters or wing walls that incorporate landscaped areas and places for sitting.

B.

Building Orientation: The structure shall be required to face and have its main entrance located on the side of the building which faces a public street.

1.

In cases where such structures face more than one public street and the streets are of different classifications in the Clayton County Comprehensive Transportation Plan, the building shall face the street which is of the highest use classification. Main entrances may also be located on the corner of a building which faces two public streets.

2.

No loading docks, overhead service doors, or trash collection binds may be placed on, or adjacent to any facade which faces a public street.

C.

Additional Regulations: These provisions shall apply regardless of whether or not the structure is located within or outside of an overlay zoning district. All other applicable requirements of this Ordinance and other adopted regulations of Clayton County shall also apply.

PK-01: This Parking Standards section applies to the following districts: AG and ER.

Two off-street parking spaces, paved or graveled, are required per single-family dwelling unit. Off-street parking spaces may not fully or partially be in a public right-of-way, utility easement, or septic field. Each space must be at least two hundred (200) square feet. Parking spaces shall be provided on the same lot as the dwelling units for which they are required.

PK-02: This Parking Standards section applies to the following districts: RS-180, RS-110, RG-75, RM, RMH, MMX, NMX, and RMX.

Two off-street parking spaces, paved with asphalt or concrete, are required per dwelling unit. Off-street parking spaces may not fully or partially be in a public right-of-way, utility easement, or septic field. Each space must be at least two hundred (200) square feet. Parking spaces shall be provided on the same lot as the dwelling units for which they are required.

PK-03: This Parking Standards section applies to the following districts: OI, NB, CB, GB, MMX, NMX, RMX, LI, and HI.

All required non-residential parking spaces and lots shall conform to all of the following requirements:

A.

Driving Surfaces: All parking areas, including parking spaces, interior drives, and ingress/egress into parking areas must be paved with asphalt or concrete. All parking areas shall be clearly painted to show each parking space.

B.

Drainage: Parking areas must be constructed to allow proper drainage which shall be subject to the review and approval of the Department of Community Development and Department of Transportation and Development.

C.

Access to Public Streets: Parking areas must be designed as to prevent vehicles from having to back into or maneuver in public streets.

D.

Locations: Parking lots shall not be located in any right-of-way, easement, required buffer yard, or any required setback from a public street.

E.

Curbs and Wheelstops: All parking areas shall be completely curbed and wheel stops shall be provided as necessary to protect pedestrians and/or landscaping.

F.

Striping: To facilitate movement and to help maintain an orderly parking arrangement, all parking spaces shall be clearly striped with paint.

G.

Lighting: Lighting for parking areas shall conform to the applicable requirements of Section 6.36, Lighting Standards.

H.

Landscaping: Landscaping for parking areas shall conform with the applicable requirements of Section 6.34, Landscaping Standards.

I.

Off-site Parking: Parking spaces required in this section may be provided either on the premises or on an off-site lot located within 300 feet of the premises.

1.

Two or more uses may provide off-site parking collectively on one lot if the total number of spaces shall not be less than the sum of the spaces required for each use.

2.

Two or more uses for which the normal hours of operation do not overlap may share parking either on or off-site.

3.

A permanent documentation of any off-site and/or shared parking agreement must be signed by all involved property owners. The permanent written agreement shall include, but is not limited to the following items: maintenance, snow removal, ownership, and liability. The agreement shall be reviewed and approved by the Zoning Administrator. The agreement shall be recorded in the office of the Clerk of Superior Courts. A copy of the agreement shall be kept in the Department of Community Development.

J.

Handicap Parking: Handicap parking spaces shall be provided in all parking areas consistent with the requirements of the Americans with Disabilities Act.

K.

Parking Space and Interior Drive Dimensions: All spaces shall be provided adequate access by means of maneuvering lanes. Backing directly onto a street shall be prohibited. Parking lots shall meet the following dimensional requirements:

L.

Spaces Required: The minimum number of parking spaces required per property shall be determined by the following table:

M.

For those uses not specifically mentioned, the requirements for off-street parking facilities shall be in accordance with a use which the Zoning Administrator and/or Board of Zoning Appeals consider to be similar in type.

N.

When units or measurements determining the number of required parking spaces result in the requirement of a fractional space, any fraction up to and including one-half shall be disregarded and fractions over one-half shall require one parking space.

O.

Two or more buildings or uses may collectively provide the required off-street parking in which case the required number of parking spaces shall not be less than the sum of the requirements for the several individual uses computed separately, except as provided below.

P.

The Board of Zoning Appeals may reduce the parking requirements based upon a finding that there will be a lower demand for parking due to one or more of the following:

1.

Shared parking by multiple uses where there will be a high proportion of multipurpose visits or uses having peak parking demands during differing times of the day or days of the week. Where uses are on separate lots, the lots shall be adjacent, and pedestrian and/or vehicular connections shall be maintained between the lots and shared parking agreements shall be filed with the Clerk of Superior Courts.

2.

Expectations of walk-in trade due to sidewalk connections to adjacent residential neighborhoods or employment areas. The site design shall incorporate pedestrian connections to the site and on-site pedestrian circulation providing safe and convenient access to the building entrance.

3.

Availability of other forms of travel such as transit. The site design shall incorporate transit stops, pedestrian connections to nearby transit stops, or bicycle parking facilities.

Q.

Where the conditions of subsection Pare not met, but an applicant demonstrates that the parking requirements for a proposed use could be excessive, the Zoning Administrator may defer some of the parking requirements, provided the site plan designates portions of the site for future construction of the required parking spaces. Areas reserved for future parking shall be maintained in a landscaped appearance and not used for building area, storage, or other accessory use. The deferred parking shall be required to meet ordinance requirements if constructed and may not occupy required greenbelts. Construction of the deferred parking area to add parking spaces may be initiated by the owner or required by the Zoning Administrator, based on parking needs or observation of the facility or use.

PK-04: This Parking Standards section applies to the MMX, NMX, and RMX.

In any development requiring more than one thousand (1,000) parking spaces, a minimum of sixty (60) percent of the required parking spaces shall be located within a parking structure, whether located above or below ground level.

PK-05: This Parking Standards section applies to all districts.

A.

No vehicle, including recreational and commercial vehicles, shall be parked, stored, or allowed to remain on a lot or parcel of land that does not contain a principal structure.

B.

Vehicles or trailers of any type without current license plates and registration or in an inoperable condition shall be prohibited other than in completely enclosed buildings or associated with permitted junk yards or auto-repair facilities. Such vehicles associated with permitted junk yards or auto-repair facilities must be stored consistent with the following requirements:

1.

All such vehicles, including antique vehicles, shall be stored within the rear or side yard. In no case shall such vehicles be stored in any right-of-way, front yard, or required setback area.

2.

All storage areas for such vehicles shall be completely enclosed with six (6) feet tall, one hundred (100) percent opaque wood, stone, or masonry fence. Gates allowing access to the storage areas are permitted, shall be closed when not in use, and shall consist of a six (6) feet tall, one hundred (100) percent opaque doors.

C.

No vehicle or tractor-trailer of any type may be used predominantly for the purpose of personal storage.

LD-01: This Loading Standards section applies to all districts.

There shall be provided off-street loading berths meeting the minimum requirements specified in this section in connection with any building or structure which is to be erected or substantially altered, and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles.

A.

Location: All required off-street loading berths shall be located on the same lot as the use to be served, and no portion of the vehicle shall project into a street, alley, or other public right-of-way. No permitted or required loading berth shall be located within fifty (50) feet of the nearest point of intersection of any two streets.

B.

Size: Off-street loading berths for over-the-road tractor-trailers shall be fourteen (14) feet in width and one hundred twenty (120) feet in length including the apron. For local pick-up and delivery trucks, off-street loading berths shall be at least twelve (12) feet in width and sixty (60) feet in length including the apron. All loading spaces shall be provided with a vertical clearance of not less than fifteen (15) feet.

C.

Access: Each required off-street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which will not interfere with traffic movements. There shall be no maneuvering within the right-of-way. In no case shall a loading berth be located in such a manner as to require loading/unloading vehicles to back into a public right-of-way.

D.

Surfacing: All open off-street loading berths shall be improved with a compacted base of asphalt or concrete.

E.

Space allowed: Space allowed to any off-street loading berth shall not be used to satisfy the space requirements of any off-street parking spaces or portions thereof.

F.

Landscaping: The paved surface of all loading areas shall be considered as part of the parking lot and shall be factored into calculations for required landscaping as specified by Section 6.34, Landscaping Standards, of this Ordinance.

G.

Berths Required: Off-street loading berths shall be required based on the following table:

LA-01: This Landscaping Standards section applies to all districts:

A landscape plan shall be submitted for any proposed use or building which requires the submittal of a site development plan or when otherwise required by this ordinance. In cases where a site development plan is submitted for alterations or additions to an existing building, all of the standards set forth herein shall be met. Landscape plans shall be approved by the Zoning Administrator prior to the issuance of a building permit and shall be prepared in accordance with the following:

A.

Planting plan specifications:

1.

Minimum scale of one (1) inch = fifty (50) feet.

2.

Existing and proposed contours with contour interval not to exceed two (2) feet.

3.

The planting plan shall indicate, to scale, the location, spacing and starting size for all proposed landscape material within the required greenbelt or landscaped area.

4.

Typical straight cross section including slope, height and width of berms and type of ground cover or height and type of construction for all proposed walls, including footings.

5.

Significant construction details to resolve specific site conditions, e.g. tree wells to preserve existing trees, culverts to maintain natural drainage patterns.

6.

Planting and staking details in either text or drawing form to insure proper installation and establishment of proposed plant materials.

7.

Planting plans shall be prepared by a registered landscape architect.

B.

Landscape Planting Standards: Under no circumstances shall any artificial plant be installed and/or counted as part of the required plantings. Except for those areas occupied by buildings, loading areas, parking areas, patios and walkways, all areas of a site shall remain in lawn area. All plant materials shall be living plants and shall meet the following requirements:

1.

In no instance shall any landscaping required by the table listed above, or by any other article of this Ordinance, including, but not limited to Section 6.35, Buffer Yard, of this Ordinance and Article 1 of the Tree Protection Ordinance [Chapter 86, Article II of this Code], be used to meet the requirements of a different Ordinance section. In all cases the landscaping required by any article of this Ordinance shall be considered as being in addition to any other requirements.

2.

Any existing vegetation on site which is retained may be counted towards the minimum landscaping requirements.

3.

All new trees required to be planted by this Ordinance shall be measured consistent with the American Nursery Standards Institute (ANSI).

a.

All deciduous trees shall be two and one half (2-1/2) inches in diameter at the time of planting measured at six (6) inches above the root ball.

b.

All evergreen trees shall be six (6) feet in height at the time of planting measured from the base of the root ball.

c.

All shrubs shall be twelve (12) inches in height at the time of planting measured from ground level.

d.

These planting standards shall not be considered as fulfilling any screening or buffer requirement.

e.

No landscaping materials, vegetation, plants, shrubs, trees, retaining walls, bedding, lighting, or mounds may extend into any existing or proposed right-of-way or easement without written permission from the agency that established the right-of-way or easement.

B.

Design Standards: All proposed landscape materials should complement the form of the existing trees and plantings. Light water, soil quantity and quality, and on-going maintenance requirements should be considered in selecting plant materials.

C.

Irrigation: All required landscaped areas shall be irrigated.

D.

Maintenance Requirements: Trees, vegetation, irrigation systems, fences, walls and other landscape elements are considered elements of a project in the same manner as parking and other site details. The owner of the property shall be responsible for the continuous proper maintenance of all landscaping materials, and shall keep them in a proper, neat and orderly appearance, free from refuse and debris and in good repair at all times.

1.

All unhealthy or dead plant material shall be replaced by the next planting period. Other defective landscape material shall be replaced or repaired within three months.

2.

Landscape materials are intended to grow, spread and mature over time. Landscaping materials used to fulfill requirements of this section should only be pruned, limbed-up, or topped to insure the public safety, to maintain a neat and attractive appearance and to preserve the relative health of the material involved.

E.

Interior Planting Requirements: Landscaping shall be required on each lot based on the use of that lot as defined in the table above. Where a lot is occupied by a combination of land uses listed below, only plantings consistent with the requirements for the land use that would result in the most landscaping is required.

F.

Detention/Retention Pond Landscaping:

1.

Landscape plans shall be submitted for all detention/retention ponds.

2.

Detention/retention ponds shall be landscaped to provide a natural setting in open space areas which are removed from residential lots. Where possible, ponds or basins shall be "free form" following the natural shape of the land to the greatest practical extent.

3.

The minimum requirements for the landscaping of detention/retention ponds shall be as follows:

a.

One deciduous shade or evergreen tree and ten shrubs shall be planted for every fifty (50) lineal feet of pond perimeter as measured along the top of the bank elevation.

b.

The required trees and shrubs shall be planted in a random pattern or in groupings. The placement of required landscaping is not limited to the top of the ground bank.

5.

To assure that water quality is maintained, ponds shall be designed to continuously circulate either by surface water movement, ground water movement or some form of artificial aeration.

6.

Maintenance of detention/retention ponds and the landscaping thereof shall be the responsibility of the property owner or of the development association whichever is appropriate.

G.

Greenbelt Buffer for Residential Developments: When a subdivision, site condominium, cluster housing or multiple family development borders a major thoroughfare, a landscaped greenbelt shall be provided directly adjacent, and parallel to, the future right-of-way of said thoroughfare for the entire length of the subdivision. The applicant has the option of either constructing a landscaped earth berm or a decorative wall with landscaping. The planting of materials shall be done in a manner so as to provide adequate screening of the homes from the major thoroughfare within five years of construction. Creativity is encouraged. Thus, required trees and shrubs may be planted at uniform intervals, at random, or in groupings, with the intent being to screen the subdivision from the major thoroughfare, coordinate the landscaping treatment with adjoining properties, and provide a visually pleasing design. Existing plant material may be counted toward the fulfillment of the greenbelt planting requirements.

LA-02: This Landscaping Standards section applies to all districts.

A.

Parking Lot Landscaping: In addition to the interior planting requirements, landscaping on the perimeter and in the interior of parking lots shall be provided.

B.

Perimeter Screening: All parking lots, including parking spaces, interior drives, and loading/unloading areas, must be screened on each side adjoining any residentially zoned or used property.

1.

The screening must be placed within five (5) feet of the parking area, and shall consist of either evergreen trees, or a combination of an earthen berm, shrubs, and evergreen trees.

2.

All evergreen trees and shrubs must meet the planting requirements provided by this section.

3.

All screening shall provide a barrier at least four (4) feet in height at the time of installation.

C.

Interior Planting: To help reduce excessive heat build-up and emissions from large areas of hard surfacing, landscape areas must be provided within parking lots.

1.

Landscape islands with a surface area equal to eight (8) percent of the area of the parking lots (including all parking spaces, interior drives, loading docks, drop-off/pick-up lanes, and access drives beyond the right-of-way) shall be provided in all parking lots with more than fifteen (15)parking spaces.

2.

Trees shall be distributed evenly throughout the parking area.

a.

In large parking areas, islands should be approximately every ten (10) spaces.

b.

In lieu of landscape islands, truck parking areas may shift the equivalent landscape area to the perimeter of the property. A landscape plan shall be prepared to show the location and size of the landscape islands without the shift. The equivalent landscape area may be shifted on the second landscape plan.

D.

Design Requirements: Landscaping provided at the perimeter of, and interior to parking areas shall meet the following design requirements:

1.

Parked vehicles may hang over the interior landscaped area up to two an one half (2-1/2) feet, and wheel stops shall be provided to insure no greater overhang or penetration of the landscaped area.

2.

All areas not landscaped with hedges, walls, or trees shall be provided with grass or other acceptable ground cover.

(Ord. No. 2022-278, § 1, 12-20-22)

BY-01: This Buffer Yard Standards section applies to all districts.

A.

The general purpose of a buffer yard is to soften the potential conflicts between the potential uses in one zoning district and the potential uses in another adjacent district by using setbacks and landscaping. The potential degree (or intensity) of conflict (or potential conflict) between two zoning districts determines the extent of buffer yard required.

B.

The following general buffer yard standards will apply to all buffer yards.

1.

The buffer yard standards only apply along the property lines where the two conflicting zoning districts meet.

2.

The developer or owner of the subject property is responsible for installing the buffer yard. The adjacent property owner shall not have to participate in installing the buffer yard until their property is developed or redeveloped.

3.

No buffer yard or required landscape materials shall be placed within any easement, right-of-way, or septic field.

4.

All required buffer yard areas shall be measured from the property line within the boundaries of the subject property.

5.

All required buffer yard trees shall be irregularly spaced and designed to provide the appearance of a natural landscape unless otherwise specified by this Ordinance.

6.

All portions of the buffer yard not planted with trees, shrubs or other landscaped materials shall be covered with grass or other ground covering vegetation.

7.

No landscaping required by this section may be used to satisfy the minimum requirements of any other provisions of this Ordinance.

8.

All landscape materials must be properly maintained, and kept in a neat and orderly appearance, free from all debris and refuse. All unhealthy or dead plant material shall be removed by the end of the next planting season.

C.

The following matrix determines the type of buffer yard which shall be installed by the subject development entirely on the subject property:

D.

The required buffer yards shall meet the following minimum requirements:

1.

Buffer Yard Type 1: Buffer yard type 1 shall include a minimum setback of fifteen (15) feet measured from the property line. In addition, one (1) deciduous canopy tree must be planted in the buffer yard for every thirty (30) feet of contiguous boundary between the subject and adjoining properties.

2.

Buffer Yard Type 2: Buffer yard type 2 shall include a minimum setback of twenty-five (25) feet measured from the property line. In addition, one (1) deciduous canopy tree and two (2) evergreen trees shall be planted in the buffer yard for every twenty-five (25) feet of contiguous boundary between the subject and adjoining properties.

3.

Buffer Yard Type 3: Buffer yard type 3 shall include a minimum setback of forty (40) feet. When Light Industrial (LI) and Heavy Industrial (HI) zoning district zoning districts adjoin a residential zoned property, the buffer yard shall be fifty (50) feet measured from the property line. In addition, two (2) rows of deciduous canopy trees shall be planted parallel to the property line within the buffer yard with one (1) tree placed every twenty (20) feet long the boundary between the subject and adjoining properties. Also, a six (6) feet tall opaque wooden fence or brick or stone wall, a five (5) feet tall undulating mound planted with shrubs, or a row of evergreen trees shall be placed parallel to the property line within ten (10) feet of the row of canopy trees along the boundary between the subject and adjoining properties.

a.

If an undulating mound is used to fulfill the requirements, one (1) shrub for every ten (10) feet of continuous boundary shall be planted on the mound. All required shrubs shall measure eighteen (18) inches in height measured from grade at the time of planting.

b.

If a row of evergreen trees is used to meet the requirements, one (1) tree shall be placed every ten (10) feet long the property boundary.

(Ord. No. 2018-130, § 10, 12-18-18)

OL-01: This Outdoor Lighting Standards section applies to all districts.

The intent of this ordinance is to preserve, protect, and enhance the lawful nighttime use and enjoyment of any and all property through the use of appropriate lighting practices and systems. Such individual fixtures and lighting systems are designed, constructed, and installed to control glare, minimize obtrusive light, conserve energy and resources while maintaining safety, security and productivity, and curtail the degradation of the nighttime visual environment.

A.

Submittal requirements: The applicant for any permit of work involving outdoor lighting fixtures governed by this Section shall submit, as part of the site plan, evidence that the proposed work will comply with this Article. The following information must be included for all nonresidential site plan submissions, final preliminary plats, and final residential site plans. Where formal site plan approval is not required, some or all of the items may be required to be reviewed by the Zoning Administrator and/or Building Inspector prior to lighting installation:

1.

Location, type and height of all freestanding, building-mounted and canopy light fixtures, and all existing and proposed sign lighting, shall be shown on the site plan and building elevations.

2.

Photometric grid overlaid on the proposed site plan indicating the overall light for intensity throughout the site (in footcandles).

3.

Specifications and details for the type of fixture being proposed including the total lumen output, type of lamp and method of shielding.

4.

Use of fixture proposed; and

5.

Any other information deemed necessary by the Zoning Administrator and/or Building Inspector.

B.

General provisions: The design and illumination standards of this ordinance shall apply to all exterior lighting sources and other light sources visible from the public way or adjacent parcels, except where specifically exempted herein.

1.

Shielding: Exterior lighting shall be fully shielded and directed downward, and shall utilize full cutoff housings, louvers, glare shields, optics, reflectors or other measures to prevent off-site glare and minimize light pollution.

2.

Intensity: The intensity of light within a site shall not exceed 10.0 footcandles within any site and 1.0 footcandles at any zoning lot boundary or street right-of-way line. Where a zoning lot abuts a residential district or existing residential use, the intensity shall not exceed 0.5 footcandles at the zoning lot boundary. The Zoning Administrator may permit a maximum intensity of 20.0 footcandles for lighting under a gas station pump island canopy or within the outdoor sales and display space of an automobile dealership, provided that such lighting is otherwise in compliance with this ordinance.

3.

Measurement: Light intensity levels shall be measured on the horizontal plane at grade level within the site, and on the vertical plane of any zoning lot boundary or street right-of-way line at a height of five feet above grade level.

4.

Lamp options: Metal halide lamps with a maximum wattage of 250 watts per fixture are recommended for use in Clayton County to maintain a unified lighting standard and to minimize light pollution and 'sky glow.' The Zoning Administration may permit the use of other lamp-types and wattages up to 400 watts maximum for fully shielded fixtures, provided that such lighting is otherwise in compliance with this ordinance.

5.

Decorative light fixtures: The Zoning Administrator may approve decorative light fixtures as an alternative to shielded fixtures, provided that such fixtures would enhance the aesthetics of the site and would not cause off-site glare or light pollution. Such fixtures may utilize incandescent, tungsten-halogen, metal halide or high-pressure sodium lamps with a maximum wattage of 100 watts per fixture.

6.

Freestanding pole lighting: The following standards shall apply to all freestanding pole-mounted light fixtures:

A maximum overall height (as measured from grade level to the highest point of the fixture):

a.

Fifteen (15) feet high, where such fixtures are located within fifty (50) feet of a residential district or residential use.

b.

Twenty (20) feet high, where such fixtures are located more than fifty (50) feet from a residential district or residential use.

c.

Twenty-five (25) feet high, where such fixtures are located more than three hundred (300) feet from a residential district or residential use.

7.

Building-mounted lighting: Luminous tube or exposed lamp fluorescent lighting is prohibited as an architectural detail on all buildings, including, but not limited to areas along roof lines, cornices and eaves or around and within window and door openings. The Zoning Administrator may approve internally illuminated architectural bands or similar shielded lighting accents as part of a site plan, provided that such lighting accents would enhance the aesthetics of the site and would not cause off-site glare or light pollution.

C.

Exemptions: The following are exempt from the lighting requirements of this section:

1.

Roadway and Airport lighting and lighting activated by motion sensor devices;

2.

Temporary circus, fair, carnival, or civic uses;

3.

Construction or emergency lighting, provided such lighting is temporary and is discontinued immediately upon completion of the construction work or abatement of the emergency necessitating said lighting;

4.

Temporary lighting;

5.

Lighting associated with agricultural pursuits.

6.

Sports fields.

7.

Swimming pools.

8.

Holiday decorations.

9.

Shielded pedestrian walkway lighting.

10.

Residential lighting with no-offsite glare.

11.

Street lights.

TF-01: This Telecommunication Facility Standards section applies to all districts.

The intent of this Telecommunications Ordinance is to ensure that residents and businesses in Clayton County have reliable access to telecommunications networks and state of the art communications services while also ensuring that this objective is achieved in a fashion that preserves the intrinsic aesthetic character of the community and is accomplished according to Clayton County's zoning, planning, and design standards. The Telecommunications Act of 1996 gave local government's land use and zoning authority, with certain limitations, to determine the placement, construction, and modification of wireless telecommunications facilities. Clayton County recognizes that facilitating the development of wireless service technology can be an economic development asset to Clayton County and a significant benefit to its residents. The intent of this wireless communication facilities ordinance is to accomplish the above stated objectives and to ensure that the placement, construction or modification of wireless telecommunications facilities complies with all applicable federal laws, and is consistent with Clayton County's land use policies, and wireless telecommunications ordinance.

A.

This Ordinance is enacted for the purpose of safeguarding the public health, safety, and welfare by establishing general guidelines for the location and placement of antennas and towers. The goals of the ordinance are to:

1.

Ensure access to reliable wireless communications services throughout all areas of Clayton County;

2.

Encourage the use of existing monopoles, towers, utility poles, and other structures for the co-location of telecommunications facilities;

3.

Encourage the location of new monopoles and towers in non-residential areas;

4.

Minimize the number of new monopoles and towers that would otherwise need to be constructed by providing incentives for the use of existing structures;

5.

Encourage the location of monopoles and towers, to the extent possible, in areas where the adverse impact on the community will be minimal;

6.

Minimize the potential adverse effects associated with the construction of monopoles and towers through the implementation of reasonable design, landscaping and construction practices;

7.

Ensure public health, safety, welfare, and convenience; and

8.

Conform to Federal and State laws that allow certain antennas to be exempt from local regulations.

TF-02: General Requirements.

A.

Principal or Accessory Use: Antennas and towers may be considered either principal or accessory uses.

B.

Inventory of Existing Sites: Each applicant for an antenna and/or tower shall provide to the Zoning Administrator an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Clayton County or within one (1) mile of the border thereof, including specific information about the location, height, and design of each tower or antenna.

C.

Aesthetics: Towers and antennas shall meet the following aesthetics requirements.

1.

Finish: Any tower shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

2.

Related Structures: At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.

3.

Lighting: Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

4.

State or Federal Requirements: All towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this Ordinance shall, to the extent required by the FAA or the FCC, bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the County to seek a court order, authorizing the County or its designee to remove the tower or antennae at the owner's expense.

5.

Building Codes: To ensure the structural integrity of towers and antennas, the owner of a tower shall ensure that it is maintained in compliance with applicable standards for towers that are published by the Electronic Industries Association and/or adopted Building Code for the State of Georgia, as amended from time to time. Failure to bring a tower into compliance within thirty (30) calendar days of notice being provided to the owner by the County shall constitute abandonment and grounds for the removal of the tower or antenna in accordance with Section TF-10 of the Telecommunication Facility Ordinance.

6.

Exceptions: The provisions of this ordinance shall not be deemed to apply to the following:

a.

Any tower, antenna, or other communication structure located on property owned, leased, or otherwise controlled by Clayton County.

b.

Any amateur radio facility that is owned and operated by a federally-licensed amateur radio station operator issued by the Federal Communications (FCC).

c.

Personal over-the-air devices for video programming and wireless Internet services are not subject to the requirements of this Section.

d.

Satellite dish antennas, or similar devices, as provided in the Federal Telecommunications Act of 1996, are exempt from the requirements of this Section, subject to the standards listed below.

TF-03: Availability of Suitable Existing Towers or Other Structures.

A.

No new tower shall be permitted unless the applicant demonstrates that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of the following:

1.

Evidence that no existing towers or structures are located within the geographic area required to meet the applicant's engineering requirements;

2.

Evidence that the existing towers or structures are not of a sufficient height to meet the applicant engineering requirements;

3.

Evidence that existing structures or towers do not have sufficient structural strength to support the applicant's proposed antenna and related equipment;

4.

Evidence that the applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing structures would cause interference with the applicant's proposed antenna; and

5.

The applicant demonstrates other limited factors that render existing towers and structures unsuitable.

6.

The above evidence must be provided by a registered professional engineer and/or other industry specialist, and clearly demonstrate the evidence required.

TF-04: Review and Approval Process for Telecommunication Facilities.

A.

Permitted. The following structures and uses are permitted with the approval of an administrative review and issuance of a building permit.

1.

Co-locations and Attached Antennas. The installation of attached antennas located on any existing support structure shall be permitted in any zoning district provided that the additional antennas do not increase the structure height. The applicant shall submit the documentation proper administrative approval is given and a building permit is issued.

2.

Temporary Wireless Communication Facility (COW). A temporary tireless communication facility may be approved by administrative review in any zoning district for a period not to exceed 90 calendar days. The application shall include an explanation of the urgency of need for a temporary facility in addition to all other documentation requirements.

B.

Administrative Review. Applicants applying for administrative approval of co-locations, attached antennas, or a temporary wireless communication facility shall submit the permit fees, application forms, and all supporting documentation as identified within Section TF-07 of this section with the Clayton County Community Development Department and the County shall complete review of the application within 30 calendar days, notifying the applicant of its decision.

C.

Building Permit. If approved, the County shall issue a building permit to the applicant. If denied, the Applicant may reapply, correcting deficiencies in the original application or file notice of appeal under the procedure outlined in Article 13, of the Zoning Ordinance of Clayton County.

D.

Conditional Use Permit. The following structures and uses are permitted with the approval of a conditional use permit and issuance of a building permit.

1.

New Tower and Concealed Support Structures. Telecommunications Facilities and Support Structures not permitted by administrative approval shall be permitted in any zoning district upon approval of a conditional use permit from the Board of Commissioners in accordance with the standards set forth in this Ordinance.

E.

Conditional Use Application. Applicants applying for a conditional use permit for a new tower or concealed support structure shall submit the permit fees, application forms, and all supporting documentation as identified within Section TF-07 of this section with the Clayton County Community Development Department.

F.

Building Permit. If approved, the County shall issue a building permit to the applicant.

TF-05: Review Criteria for Conditional Use.

A.

Conditional Use. The Board of Commissioners shall have the authority to approve a conditional use permit for a new support tower structure and grant approval only if the Board of Commissioners's finds supportive evidence that meets the following standards and criteria:

1.

The wireless telecommunications tower will not be detrimental to the public welfare, safety, and health of surrounding properties;

2.

The communication tower will be compatible with the existing contiguous uses or zoning and compatible with the general character and aesthetics of the neighborhood or the area;

3.

The design and height of the communication tower incorporates characteristics that have the effect of reducing or eliminating visual obtrusiveness;

4.

The tower conforms to the minimum setback requirement from the nearest residential structure as set forth in the Wireless Telecommunications Ordinance;

5.

The location of the communication tower in relation to existing structures, surrounding tree cover and vegetation, surrounding topography, and other visual buffers, minimizes to the greatest extent practicable, any impacts on affected residentially-zoned property;

6.

No available towers or structures exist within the proposed service area to reasonably meet the applicant's engineering requirements;

7.

The granting of the conditional use for a communications tower is based upon the goals set forth in the Telecommunication Facilities Ordinance and other adopted policies or regulation of the jurisdiction; and

8.

The granting of the conditional use for a communication tower is consistent with the intent and purpose of this Article.

TF-06: Design Standards for Telecommunication Facilities.

A.

Setbacks. The following setback and separation requirements shall apply to all antennas and towers. Provided, however, the Board of Commissioners may in its sole discretion, grant a variance to reduce the standards setback and separation requirements if the goals of this Section would be better served thereby.

1.

Antennas and towers shall be setback a distance equal to the height of the prospective antenna or tower from the boundary line of property upon which the tower is located (effectively creating a buffer equal to the height of the antenna or tower).

2.

Antennas and towers may not be constructed within a locally or nationally designated historic district. Furthermore, antennas and towers may not be located within one thousand (1,000) feet of a locally- or nationally-designated historic district or historic landmark.

3.

Antennas, towers, guyed wires and all accessory equipment shall be setback from all property lines in accordance with the minimum setback requirements in the underlying zoning district.

B.

Maximum Height Limitations

1.

New Tower Support Structures.

a.

Monopoles. Monopole towers shall not exceed a height of two hundred twenty (220) feet from the base of the structure to the top of the highest point.

b.

Lattice or Guyed. Self-supported, lattice, and guyed towers shall not exceed three hundred fifty (350) feet in height.

c.

Concealed Support Structure. Concealed support structures shall not exceed one hundred sixty (160) feet within any residential district. Concealed support structures shall not exceed one hundred eighty (180) feet in industrial, commercial, and agricultural zoning districts. Co-location of conceal support structures shall be contingent upon the design of the structure.

2.

Attached Antennae.

a.

Attached antennae shall not increase the total height on an existing building or structure by more than twenty (20) feet. The placement of any additional building or other supporting equipment used within connection with the antennas is also permitted.

C.

Co-location Design Requirements.

1.

Support tower structures over one hundred (100) feet shall be designed to accommodate at least three (3) telecommunications providers.

2.

The compound area surrounding the support tower structures must be of sufficient size to accommodate accessory equipment for at least three (3) telecommunications providers.

D.

Landscaping.

1.

The visual impacts of communication towers shall be mitigated through landscaping or other screening materials at the base of the tower and ancillary structures as follows:

a.

A ten (10) feet wide landscape buffer which meets the landscape requirements of the Landscape standards in Section 6.34 shall be required around the perimeter of the tower and related equipment; and

b.

Required landscaping shall be installed outside the fence or wall.

E.

Security Fencing.

The base of the tower, including any accessory structures, shall be enclosed by a minimum six (6) feet high chain link fence. Landscaping as required by this ordinance shall be installed outside the fenced enclosure.

F.

Signage.

1.

Wireless telecommunications facilities shall contain a sign no larger than four square feet and, no less than three square feet, to provide adequate notification to persons in the immediate area of the presence of an antenna that has transmission capabilities.

2.

The sign shall contain the name(s) of the owner(s) and operator(s) of the antenna(s) as well as emergency phone number(s).

a.

The sign shall be located so as to be visible from the access point of the site. The sign shall not be lighted unless permitted by the County Board of Commissioners.

b.

No other signage, including advertising, shall be permitted on any facilities, antennas, antenna supporting structures, or antenna towers, unless otherwise required by law.

TF-07: Application Requirements for Administrative Review and Conditional Use Permit.

In addition to other application requirements of this ordinance, all applicants for administrative approval/building permit and conditional use permit approval shall submit the information listed below.

A.

Application. A completed application as provided by the Zoning Administrator and located within the Department of Community Development.

B.

Commitment. A written statement of commitment to use the proposed site from at least one federally licensed wireless service provider.

C.

Materials. Narrative and graphic materials, such as signal propagation plots, prepared by a radio frequency engineer clearly explaining and illustrating the proposed service provider's need for the new antenna installation. In documenting need, the applicant will address the following:

1.

The proposed site's relationship to the existing antenna network, existing towers and tall structures located within 3,000 feet of the proposed location;

2.

The required antenna height;

3.

Alternate locations as may be appropriate; and

4.

Line-of-sight diagram or photo simulation, showing the proposed Support Structure set against the skyline and viewed from at least four (4) directions within the surrounding areas.

D.

Structural Renderings. Architectural renderings or simulated photographs of all proposed structures in their physical environment with particular attention to views from public streets or residential uses.

E.

Engineering Statement. For towers or concealed support structures, a report from a qualified independent engineer licensed in the State of Georgia documenting the following information:

1.

The location of the facility by longitude and latitude and Georgia Plan Coordinate System, ground elevation and total height in English and metric measurements;

2.

Total anticipated capacity of new communications tower;

3.

Number and type of proposed antennas and their height above ground level, including the proposed placement of antennas on the support structure;

4.

Evidence of the structural integrity of the structure with respect to wind and ice loadings;

5.

Design characteristics that indicate the limits of falling debris in the event of catastrophic structural failure; and

6.

A scale drawing of the site and area that indicates distances to the nearest residential uses.

F.

Map. A map that illustrates the proposed tower location with respect to the nearest airport.

G.

FAA Determination. A determination by the FAA regarding potential hazards to air navigation.

H.

Contact or Agent. Identity and current contact information of the person authorized by the applicant to answer questions from the local government or community regarding construction and operation of the facility. Include name, mailing address, telephone number, facsimile number and electronic mail address, if applicable.

I.

Authorization from Property Owner. Copy of lease or letter of authorization from property owner evidencing applicant's authority to pursue conditional use application.

J.

Statement of Co-location Feasibility. A statement justifying why co-location is not feasible. Such statement shall include:

1.

Such technical information and other justifications as are necessary to document the reasons why co-location is not a viable option;

2.

The applicant shall provide a list of all existing structures considered as alternatives to the proposed location. The applicant shall provide a written explanation why the alternatives considered were either unacceptable or infeasible due to technical, physical, or financial reasons. If an existing tower was listed among the alternatives, applicant must specifically address why the modification of such tower is not a viable option; and

3.

A statement that the proposed Support Structure will be made available for co-location to other service providers at commercially reasonable rates.

K.

Fees. Fees as prescribed by the adopted fee schedule within the Department of Community Development.

TF-08: Nonconforming Communication Towers.

To the extent set forth herein, the restrictions on nonconforming uses and structures contained in Article 9, Nonconformities, in the Zoning Ordinance are modified and supplemented by this section. Bona fide nonconforming communication towers or antennas that are damaged or destroyed may be rebuilt and all such towers or antennas may be modified or replaced without meeting the minimum distance requirements specified in Article TF-07. hereinabove. The type, height, and location of the tower on the site shall have no greater impact on the adjacent property than the original facility approval. Building permits to rebuild the tower shall comply with the applicable County Ordinances and shall be obtained within one hundred eighty (180) calendar days from the date the tower is damaged or destroyed. If no permit is applied for, or obtained, or if said permit expires, the communication tower shall be deemed abandoned as specified in Section TF-09 hereinafter.

TF-09: Abandonment and Removal

A.

Abandonment. Any Telecommunications Facility or Support Structure that is not operated for a period of twelve (12) consecutive months shall be considered abandoned.

B.

Removal. The owner of the Telecommunications Facility or Support Structure shall remove the Facility within six (6) months of its abandonment. The Clayton County Department of Community Development shall ensure and enforce removal by means of its existing regulatory authority.

AAS-01: This Agritourism, Agritainment, and Seasonal Sales Standards section applies to the following district: AG.

A.

The site design standards for agritourism, agritainment, and/or seasonal sales are as follows:

1.

Agritourism and agritainment establishments catering to outdoor group events shall meet the parking requirements for "stadium, sports arena or similar place of outdoor assembly" as detailed in the Parking Standards (PK) section of the Clayton County Zoning Ordinance.

2.

Seasonal sales establishments, including roadside stands, pumpkin patch, and pre-cut Christmas tree sales, shall meet the parking requirement for "outdoor commercial display and sales" as detailed in the Parking Standards (PK) section of the Clayton County Zoning Ordinance.

3.

Driving surfaces, including parking areas, interior drives, and ingress/egress must be stabilized with asphalt, concrete, gravel, and/ or permeable surfaces. Any such driving surface shall be treated as necessary to control dust.

4.

All parking areas shall be screened from neighboring properties.

5.

Where an agritourism, agritainment, and/or seasonal sales establishment is located adjacent to a residentially-zoned property, a 25 feet wide vegetative buffer, planted in accordance with Buffer Yard Type 2 in Article 6.35, shall be required along the property line between such uses. Undisturbed buffers are shall be maintained when vegetation already exists along subject property line.

6.

Any outdoor gather spaces, patios, pavilions, and/ or any other similar temporary or permanent open structures shall be located 50 feet from all residentially zoned properties.

7.

Entrance to agritourism and agritainment establishments must be from a collector or arterial roadway.

8.

Agritourism and agritainment establishments shall have hours of operation no earlier than 8:00 AM and no later than 10:00 PM, except when hours of operation are expressly decided by the Clayton County Board of Commissioners.

9.

Amplified sound or music shall only be permitted between the hours of 11:00 AM and 7:00 PM and as approved by the Clayton County Board of Commissioners.

10.

Sanitary facilities must be provided in accordance with the Clayton County Water Authority requirements.

11.

Signage shall meet the sign requirements for the AG district.

12.

Food and/or beverages provided for sale and/or consumption on the subject property must meet all federal, state, and local regulations.

13.

Food and/or beverages should be limited to only those value-added products that are produced from or grown on the farm, unless they are secondary and incidental to the primary agritourism or agritainment establishment. In all cases the use of locally grown or produced food and/or beverages is encouraged.

14.

All facilities must apply for and receive a Clayton County Business License.

(Ord. No. 2013-52, § 3, 2-19-13)

Sec. 1. Short title

This section shall be known and cited as the "Garage and Yard Sale Ordinance."

Sec. 2. Exemptions

This chapter shall not be applicable to:

(a)

Persons selling goods pursuant to an order of process or court of competent jurisdiction;

(b)

Persons acting in accordance with their powers and duties as public officials;

(c)

Any persons selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement;

(d)

Sales by a bona fide charitable, educational, cultural or governmental institution, civic group, service club, religious or fraternal society or other tax-exempt organization; provided, however, that the burden of proof to establish the exemption under this subsection shall be on the organization or institution claiming such exemption.

Sec. 3. Permits

At least 24 hours prior to conducting a yard sale, a permit for the yard sale shall be secured from the Community Development Department. Upon application for a permit, the applicant shall be provided with a copy of the provisions of this article. Fees for permits shall be as established from time to time by the County Commissioners and set forth in the schedule of fees and charges.

Sec. 4. Operational Restrictions

The person conducting the sale and the owner, tenant or occupant of the premises where the sale or activity is conducted shall be jointly or severally responsible for the maintenance of good order and decorum on the premises during the hours of such sale or activity. Additionally, the following limitations on conduct of persons holding garage sales shall be complied with:

(a)

No such person shall permit any loud or boisterous conduct on such premises or permit vehicles to impede the passage of the traffic on any roads or streets in the area of the premises where the sale is being conducted.

(b)

In the event of an emergency, all such persons shall obey reasonable orders from any member of the Police Department or the Fire Department in order to maintain the public health, safety and convenience.

(c)

Items to be sold at garage sales must belong solely to the household where the sale is held. It shall be unlawful to bring in and sell goods belonging to others or to purchase items specifically to sell at a garage sale, with the exception of such sales conducted on behalf of charitable or service organizations.

(d)

Yard sales, as defined, may only operate from Friday at 8:00 a.m. through Monday at 8:00 a.m.

(e)

Only one four-square-foot sign shall be permitted advertising the sale. Such sign shall be located upon the premises where the sale occurs and shall be removed promptly upon the completion of the sale. No signs may be placed on utility poles or on traffic signs.

(f)

Only three (3) such sales shall be permitted in any twelve (12) month period on one residential lot. No sale shall run longer than three (3) consecutive days.

Sec. 5. Enforcement

This chapter shall be enforced by the police officers and code enforcement officers of the County and it shall be their duty to investigate and prosecute, at their discretion, any violation of this chapter.

(Ord. No. 2017-41, § 13, 5-30-17)

Sec. 1. Purpose

The purpose of this ordinance is to allow food truck businesses to legally operate within Clayton County, provided a business license (occupational tax certificate) is obtained.

Sec. 2. Scope

The provisions of this chapter shall be effective within the unincorporated areas of Clayton County, GA.

Sec. 3. Definitions

Food Truck Business: Any food business operated from a motorized vehicle of a truck based platform, and/or a trailer.

Sec. 4. Requirements

Food truck businesses shall operate from powered vehicles and/or trailers. Vehicles may utilize integrated ramps, steps, awnings, tables, display walls, etc.

Sec. 5. Permitted activities

All licensed food truck businesses are permitted to:

• Be based out of trucks/vans/buses or a trailer towed by such.

• Operate at festivals, farmer's markets, events, private parties, or by appointment.

• Conduct retail sales of consumer products.

• Park at business owner's residence while not operating, to the extent otherwise permitted by the County's ordinances, provided the vehicle does not exceed a Class 2 designation.

• Operate on commercial property with the written and notarized permission of the property owner.

• Operate on residential property by appointment.

Sec. 6. Food Trucks Courts

a.

Food truck courts may be established in free-standing commercial parking lots accessory to an operating, permitted use provided that (a) the property is zoned for a non-residential use and (b) parking supply exists in excess of that required by ordinance or Code for uses or commercial space existing on the site and two off-street parking spaces shall be reserved for the exclusive use of customers of each food truck vendor. Such designation shall be subject to review and approval by the Zoning Administrator who shall maintain the following database:

1.

Property address and number of spaces designated as a "food truck court."

2.

Site sketch depicting the building, parking spaces and parking spaces so designated.

3

Dimensions and color photos (front, both sides and rear) of the dispensing vehicle.

4.

A copy of all lease agreements between the property owner and/or landlord and any food truck vendor, including the specific space being leased which shall be marked on the ground.

5.

Proof of compliance with all Clayton County Health Department regulations.

6.

An occupational tax certificate, issued by the jurisdiction where the vender's business is based, shall be posted in the front window of the food truck vendor vehicle or trailer while in use.

b.

Food trucks shall not be permitted on the premises before 7:00 a.m. or after 10:00 p.m.

c.

No waste of any kind shall be discharged from a food truck. Trash receptacles shall be provided by the food truck vendor for customers to dispose of food wrappers, food utensils, paper products, cans, bottles, food and other such waste. Such receptacles shall be located no more than ten feet from the food truck. The food truck vendor shall be responsible for removing all trash, litter and refuse from the site at the end of each business day.

d.

No LED strip lighting shall be used in conjunction with any food truck court.

e.

No loudspeakers shall be used for announcements or hawking of products in conjunction with any food truck court.

f.

The property owner and/or landlord may provide limited seating on the food truck court to customers of the food truck vendor(s). Canopies for the protection of customers from the elements may also be provided by the property owner and/or landlord or the food truck vendor(s). Such canopies shall be temporary, located within three feet of the food truck, not exceed an area of 144 square feet and shall be subject to approval by the Zoning Administrator.

g.

A minimum distance of 100 feet shall be maintained between any food truck and the entrance to any restaurant.

h.

The food truck shall not be located within any required setback, any sight distance triangle or required buffer. Access aisles sufficient to provide emergency access to any food truck shall be provided subject to approval by the fire marshal.

i.

Sales of articles other than food shall be prohibited.

Sec. 7. Restrictions

• In residential areas, operations are by appointment only.

• Door to door solicitations are prohibited.

• Hours of operation: 8:00 am — 9:00 pm

• Trailers may be no larger than 7 feet by 16 feet in size.

• Business must be contained within the vehicle(s). No tents or tables allowed to be set up outside of the vehicle(s).

• Sale of items controlled by the Bureau of Tobacco, Alcohol, Firearms and Explosives (BATF) is prohibited.

• Sale of fireworks is prohibited.

Sec. 8. Annual regulatory permit required

All food truck businesses are required to obtain an occupational tax certificate, issued by the jurisdiction where the vender's business is based, and provide all necessary documentation required by the Clayton County Community Development, including, but not limited to: valid driver's license, current vehicle registration and valid vehicle insurance, and any state or federal licenses required to operate the business use. The current occupational tax certificate shall be displayed in the front window of the food truck vendor vehicle or on the trailer while in use.

(Ord. No. 2017-41, § 14, 5-30-17)

Sec. 1. Definitions

Urban Garden: A lot, or any portion thereof, managed and maintained by a person or group of persons, for growing and harvesting, farming, community gardening, or any other use, which contributes to the production of agricultural, floricultural, or horticultural products for beautification, education, recreation, community use, consumption, off-site sale, or off-site donation. No on-site sales are permitted.

Market Garden: A lot, or any portion thereof, managed and maintained by a person or group of persons for growing and harvesting, farming, community gardening, or any other use, which contributes to the production of agricultural, floricultural, or horticultural products for community supported agriculture or on-site sales. All products sold on-site must be grown on-site.

Sec. 2. Operating Regulations

Sec. 3. Urban or Market Garden requirements

a.

Permit Process:

1.

Submit Permit Application and fee

2.

Address of the garden

3.

Name and current address of the applicant

4.

Proof of ownership or lease agreement of the lot on which the garden is located; or a notarized letter signed by the property owner, authorizing said person(s) or cooperative group to operate a garden on said lot.

5.

Submit other documents or information deemed applicable to the application (i.e. Georgia Dept. of Agricultural or Georgia Extension Services clearances, Clayton County Water Authority approval letter, etc.)

b.

Garden Plan:

1.

Submit a site plan showing the (1) Property lines and adjacent property owners, (2) Plan layout and dimensions showing plot layout, structures and compost areas (if applicable).

2.

Source of water, including rainwater recycling (rain barrels) locations.

3.

Driveways and parking may be surfaced with pervious material, including gravel.

4.

The site should be designed and maintained so that water does not cause erosion or allow sedimentation on adjacent property.

5.

Garden applicants may submit documentation of fertilizer, pesticide and herbicide methods used. In addition, the garden shall be maintained and designed so that fertilizers, pesticides, and herbicides will not harm any adjacent property.

6.

Any fencing shall not exceed 6 feet in height and shall conform to the Fence Standards of the Clayton County Zoning Code in the relevant district garden is located.

7.

Access easement/clearance for emergency vehicles.

Sec. 4. Garden Management

If sales of produce occurs on the property, the following is required:

A.

Sales Hours. Hours of operation includes set up and take down times.

B.

Management. An individual shall be present onsite during all sales hours to direct the vending operations.

C.

Garden operating rules and regulations. A set of rules and regulations shall be established to address the structure of operation, maintenance, and security.

(Ord. No. 2017-41, § 15, 5-30-17)

Sec. 1. Purpose

The purpose of this ordinance is to allow for keeping of poultry in single-family residential districts within the County, provided that certain requirements are met.

Sec. 2. Scope

The provisions of this chapter shall be effective in the area of Clayton County, GA. outside incorporated cities and towns.

Sec. 3. Definitions

Chicken: a type of domestic fowl, Gallus domesticus, kept for its eggs, or meat, descended from various fowl of southeastern Asia and developed in a number of breeds.

Sec. 4. Requirements

a.

Minimum lot size: 18,000 square feet,

b.

Four (4) chickens per 18,000 square feet of property are permitted up to a maximum of twelve (12) chickens.

c.

Chickens may only be kept on properties with an occupied residence.

d.

No roosters or on-site slaughter allowed.

e.

Hen house/coup can be located within the side and rear areas only.

f.

Hen house/coups must have at least four square feet per chicken.

g.

Chickens shall be contained (fenced) on the lot and the containment area shall be on the side and rear areas only and it will be limited to no more than forty percent of the lot.

h.

Set back - minimum of 20 feet from all property lines.

i.

No on-site chicken sales (or sale of other permitted fowl) shall be allowed on the lot

j.

All coups and surrounding areas are to be properly maintained and kept clean so as not to become a nuisance. Coops and feed are to be secured at all times to prevent any potential nuisance with mice or other rodents and pests.

Sec. 5. Permitted activities

• Keeping of chickens for personal consumption of eggs.

(Ord. No. 2017-41, § 16, 5-30-17)

Sec. 1. Purpose and Intent

A.

It is the purpose of this chapter to:

(1)

Regulate the issuance of permits for commercial and educational filming activities within Clayton County;

(2)

Provide for fire, police and other appropriate departmental assistance from the County; and

(3)

Establish insurance, time, location and other related protocols.

B.

This chapter also intends to ensure that motion picture, television commercial and non-theatrical filming companies, as well as still photographers, are encouraged to use locations for filming activities within the County consistent with the County's duty to ensure the health and safety of persons and property.

C.

This chapter is not intended to apply to purely private filming events, including, but not limited to, the filming or photographing of a wedding or private social function, or the filming by any public entity, such as the non-commercial ventures of local universities and the County's economic development authorities; neither is it intended to include the filming of news stories.

Sec. 2. Definitions

APPLICANT or APPLICANT OF PERMIT — Any person, organization, corporation, association or other entity applying for a film permit from Clayton County.

COUNTY — Clayton County.

FILM — As used in this Chapter, any film, including a movie, television program, commercial, still photography, video documentary, music video, internet video or other visual recording medium, used in whole or in part for sale, lease, or other commercial exchange, including the advertisement or promotion of any product, service or organization. A recurrent television or internet series is a film. A film which is not sold or leased in whole or part, or is not otherwise part of a commercial exchange, is a "non-profit film."

FILM CREW MEMBERS — Shall include, but not be limited to: directors, actors, set or costume designers, camera crew members, lighting crew members, sound crew members, boom operators, pyrotechnics experts, stunt performers, extras, stage hands, security personnel, production or personal assistants, contractors and subcontractors, interns (whether or not paid) and agents.

MAJOR FILM — A film made using thirty (30) or more film crew members or ten (10) or more vehicles.

MINOR FILM — A film made using less than thirty (30) film crew members or ten (10) or less vehicles.

NEWS MEDIA — As used in this chapter, filming for the purpose of spontaneous, unplanned television news reporting by journalists, reporters, photographers or camera operators.

PRIVATE PROPERTY — As used in this chapter, any property not owned by County, but rather is owned by or assessed to a private person or entity in which filming would not interfere with public right of way, access or safety.

PUBLIC PROPERTY — Any public street, road, sidewalk, public park or playground, County-owned building or property or any other public place which is maintained and within the control of County.

STILL PHOTOGRAPH — Photographs or other visual impressions which are not films which are sold or leased or otherwise commercially exchanged and all activity related to the staging or shooting of such photographs or other visual impressions.

STUDENT FILM — A not-for-profit film, filmed in eight (8) hours or less, made by currently-enrolled students under the sponsorship of an accredited school or institution of higher learning, who have evidenced such sponsorship with a letter written on school letterhead, signed by a school administrator, and who present a certificate of insurance.

Sec. 3. Filming/still photography permit

A.

Permit Requirement. No person or organization shall commence the making of a film, or permit filming or take still photographs (as defined in this Chapter) on public property without first having completed an application and obtained a film/photography permit from the County's Community Development office.

B.

No person shall commence the making of a film, commercial film or permit filming or take still photographs on private property without first having completed an application and obtained a film/photography permit from the County's Community Development office if filming will interfere with the public's use of public property or rights of way on public property.

Upon approval as provided for in this Chapter, a permit shall issue, and be at all times during filming available for display.

C.

Time to Apply. Applicants shall, if practicable, apply for a permit at least 14 days before commencing filming. No application shall be accepted within seventy-two (72) hours before filming.

Sec. 4. Permit fees

A.

Permit Fees. Applicant shall pay a non-refundable fee, and other applicable fees such as fees for street-closing permits, parking restrictions and off-duty police officers, as set by the Board of Commissioners (Fees and Charges).

B.

Form of payment. Permit fees shall be paid in cashier's checks, postal money orders made out to Clayton County or using the payment system on the County's website.

Sec. 5. Exceptions to permit requirements

A.

No permit shall be required for:

(1)

Filming by news media as defined in this chapter.

(2)

Filming for private social activities, including weddings, unless the filming or photographing of such events is sold, leased, rented or used for any commercial purposes, including reality television, in which case, a permit shall be obtained and all fees paid.

(3)

Filming activities or still photography conducted for use in a criminal investigation or civil or criminal court proceeding, but not including films or photographs which are sold, leased or used for any commercial purpose.

(4)

Filming or still photography conducted solely for private non-profit, personal or family use, including real estate sales purposes of selling an individual residence.

(5)

Filming activities or still photography conducted by or for the County.

(6)

Filming which requires no more than three crew members and no other equipment except two (2) cameras and two (2) tripods.

(7)

A student film, provided that the makers and the school shall agree in writing that if the student film is ever released for commercial purposes, all permit costs and fees shall be due and payable as provided for in this Chapter. All fees other than the permit fee shall apply.

B.

In the event that any of the above activities require the use of commercial vehicles, a permit shall be obtained notwithstanding the fact that no fee is imposed.

Sec. 6. Requirements for applicants

A.

Insurance. Insurance may be required in an amount and type to be determined by the County Office of Risk Management, which shall make such determination as befits the type of Film or Still Photography to be permitted and whether or not vehicles are proposed to be used. The applicant shall submit the Certificate of Insurance required by the County Office of Risk Management along with the permit application. The Certificate of Insurance shall include the County as an additional insured.

B.

Indemnity. By making application for a permit under this chapter, the applicant, applicant, its officers, agents, contractors, servants, consultants, employees and affiliates agree to indemnify and hold harmless the County, its authorized agents, officers, representatives and employees from any and all losses, liability, expense, claim officers, representatives and employees from any and all losses, liability, expense, claim or damages including, without limitation, defense costs and reasonable legal fees resulting from any and all activities including any accident, loss, injury to or death of persons or damage to property which the County may incur arising out of or related to the filming and/or photography permitted under the permit, including but not limited to the County's issuance of a permit to film pursuant to this chapter. The applicant's liability under the permit shall continue after the expiration of the permit with respect to any loss, damage or acts occurring prior to the expiration of the permit.

C.

Off-Duty Police. Off-duty police officers shall be required during filming if:

(1)

Firearms, pyrotechnics or other hazardous materials are to be used;

(2)

Any actors or crew-members are to be wearing costumes that resemble the uniforms of any type of public personnel;

(3)

Any streets or lanes are to be closed; or

(4)

The filming involves activities in which a police presence is necessary to protect the health, safety or welfare of the residents of the County.

D.

The County reserves the right, on a case-by-case basis, to require the approval of any County department or division, not listed above, for activities which such department or division oversees or regulates, or which in any way impinges upon its duties and obligations to the public.

Sec. 7. Granting of a permit; rules and regulations

A.

Permits shall not be transferrable.

B.

A permit may be denied if:

(1)

The Director of Public Works determines that closing a street will cause a substantial risk to public safety or interfere with street maintenance work, or a previously authorized excavation permit.

(2)

The filming activity will substantially interfere with municipal functions or the scheduled maintenance of County buildings or grounds.

(3)

The activity creates a substantial risk of injury to persons or damage to property.

(4)

The applicant failed to complete the application after being requested to do so, or the information contained in the application is found to be false in any material detail.

(5)

The activity violates federal, state, or local law including licensing or permit requirements.

(6)

The applicant has failed to obtain or provide proof of insurance.

(7)

The applicant has failed to submit the appropriate application fee.

(8)

Filming may violate any regulation in this section below. When the grounds for permit denial can be corrected by imposing reasonable conditions, the County may impose such conditions rather than denying the permit.

C.

Regulations upon Receipt of Permit.

(1)

The permit holder shall take all reasonable steps to minimize interference with the free passage of pedestrians and traffic over public lands and shall comply with all lawful directives issued by the Department of Public Safety with respect thereto.

(2)

The permit holder shall conduct its activities in such a manner so as to minimize the inconvenience or discomfort to adjoining property owners attributable to such filming and shall, to the extent practicable, abate noise and park vehicles associated with such filming off the public streets. The permit holder shall avoid any interference with previously scheduled activities upon County property and, limit, to the extent possible, any interference with normal activities. Filming in residential zones shall be permitted Monday through Friday between the hours of 7:00 a.m. and 6 p.m., and all activity shall meet the standard of the County's Noise Ordinance, provided that all requests for night scenes shall be approved in the permit to be granted. The setup, production and breakdown required by all filming shall be included in the hours as set forth herein.

(3)

Where a permit holder's activities, by reason of location or otherwise, affect any business(es), merchants or residents, the permit holder will give these parties at least three (3) days' notice prior to the film/photography shooting date(s).

(4)

The permit holder shall make every effort to minimize the inconvenience caused by filming and shall provide a designee who will respond to residents' concerns and for ensuring the obtaining of off-duty Police assistance, the placing of "no parking" signs and other traffic control devices (under the direction of the Parking Authority, but at the applicant's expense), providing advance notice to affected property owners/businesses and cleanup and restoration of all property, including streets, affected by the filming.

(5)

All filming and/or photography must be completed by the time specified in the permit. Any extension to this time must be approved by the film liaison.

(6)

The permit holder shall pay all fees, and obtain all permits and licenses required for its activity under local, state and federal law and pay any fees associated therewith.

(7)

The permit holder shall abide by all governmental fire regulations.

(8)

The permit holder shall disclose to the County and obtain permission for any: use of stunts, pyrotechnics, open flames, vehicle crashes or hazardous materials.

(9)

The permit holder shall conceal police, fire and other official uniforms worn by actors, when the actors are not on camera.

(10)

The applicant shall abide by County restrictions on the use of County logos, insignias, badges or decals as set forth in the information packet provided by the film liaison.

(11)

The County shall receive credit on the project that shall read: "Thanks to the Residents of Clayton County." The credit shall have a blank space above and below the credit so that it stands apart from and not on a list of like credits.

(12)

The permit holder shall provide the County with five (5) different public County stills for each scene shot. The stills will be used by the County solely for promotional purposes, including, but not limited to encouraging tourism and film-making. The applicant shall give the County proper acknowledgment for any assistance provided in making feature, television, or commercial productions.

(13)

The permit holder shall immediately report all accidents, injuries, health incidents or damage to property to the appropriate public authority.

(Ord. No. 2017-41, § 17, 5-30-17)

Sec. 1. Definitions

Hookah: A water pipe used to smoke shisha or flavored tobacco or herbal product.

Shisha: Tobacco or herbal product smoked through a water pipe, or hookah.

Smoking or smoke: The lighting of a cigar, cigarette, pipe or other tobacco product or possessing a lighted cigar, cigarette, pipe or other tobacco or non-tobacco product designed to be combusted and inhaled.

Smoking bar: An establishment that occupies exclusively an enclosed indoor space and that primarily is engaged in the retail sale of tobacco products for consumption by customers on the premises; derives revenue from the sale of food, alcohol or other beverages that is incidental to the sale of the tobacco products; prohibits entry to a person under the age of 18 years of age during the time when the establishment is open for business; prohibits any food or beverage not sold directly by the business to be consumed on the premises; maintains a valid permit for the retail sale of tobacco products as required to be issued by the appropriate authority in the city or town where the establishment is located; and, maintains a valid permit to operate a smoking bar issued by the department of revenue.

A smoking bar is an establishment that:

a.

Is licensed to sell alcoholic beverages for on-premises consumption and in which the service of food is only incidental to the consumption of such beverages, and

b.

Is engaged in the business of selling cigars and or sales/rental of hookahs and generated 40 percent or more of its total annual gross income from the on-site sale of such tobacco products and the rental of humidors, not including sales from vending machines, in a calendar year.

c.

Is registered with the local health department in the municipality in which the bar is located. A cigar bar registration shall remain in effect for one year and shall be renewable only if: (1) in the preceding calendar year, the smoking bar generated 40 percent or more of its total annual gross income from the on-site sale of tobacco products and the rental of on-site humidors.

d.

Post signs at each entrance and exit clearly stating that smoking is allowed on all or part of the premises, anyone under the age of 18 is prohibited from entering the premises.

e.

Outdoor seating and dining areas within 10 feet must be clearly marked as non-smoking.

Sec. 2. Air Handling Regulations

a.

Establishment must have a ventilation system that exhausts smoke from the business and is designed in accordance with the state building code standards for the occupancy classification in use.

b.

The air handling systems from the smoking area shall be independent from the main air handling system that serves all other areas of the building and all air within the smoking area shall be exhausted directly to the outside by an exhaust fan. No air from the smoking area shall be recirculated to other parts of the building.

Sec. 3. Prohibitions

Smoking, ashtrays, and outdoor smoking areas within 10 feet of entrances, exits, windows that open, ventilation intakes, and accessibility ramps leading to and from an entrance or exit.

Sec. 4. Allowable Zoning Districts

• General Business

• Urban Village

• MX

• MXI

(Ord. No. 2017-41, § 18, 5-30-17)

Sec. 1. Intent

The County finds that certain transitory uses of residential property tend to affect the residential character of the community and are injurious to the health of the community. Therefore, it is necessary and in the interest of the public health, safety, and welfare to monitor and provide reasonable means for citizens of Clayton County to mitigate impacts created by such transitory uses of residential property within the County. The objective of this amendment is to establish regulations for any owner of any property within the geographic bounds of Clayton County, who desires to rent or operate a vacation rental of residential property.

Sec. 2. Definitions

Property Manager shall mean the property owner or the person designated by the owner to be called upon to answer for the maintenance of the property and the conduct and acts of occupants of residential properties.

Transient Occupants means any person, or guest or invitee of such person, who occupies or is in actual or apparent control or possession of residential property registered as a Vacation Rental. It shall be a rebuttable presumption that any person who holds themselves out as being an occupant or guest of an occupant of the Vacation Rental is a Transient Occupant.

Vacation Rental shall mean any unit or group of units in a condominium or cooperative or any individually or collectively owned single-family, two-family, three-family, or four-family house or dwelling unit that is rented to Transient Occupants more than three (3) times in a calendar year for periods of less than thirty (30) days or one (1) calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to Transient Occupants, but that is not a timeshare project.

Sec. 3. Vacation Rental Standards (VA)

This Vacation Rental Standards section applies to all residential zoning districts.

A.

Applicability. The provisions of this section shall apply to all vacation rentals except where there is a primary owner in residence. Vacation rentals shall not be permitted in non-habitable structures, nor temporary structures, such as recreational vehicles, tents, canopies, or similar structures.

B.

Permits Required. Vacation rentals that meet the standards outlined in this section shall be allowed as provided by the zoning district, subject to issuance of a zoning permit and registration. Vacation rentals that do not meet the standards in this section may be permitted, subject to the granting of a conditional use permit.

C.

Maximum Number of Guestrooms. Vacation rentals may have a maximum of five (5) guestrooms or sleeping rooms.

D.

Maximum Overnight Occupancy. Maximum overnight occupancy for vacation rentals shall be up to a maximum of two (2) persons per sleeping room or guestroom, plus two (2) additional persons per property, up to a maximum of twelve (12) persons, excluding children under two (2) years of age. The property owner shall ensure that all contracts and online listings and advertisements clearly set forth the maximum number of overnight guests permitted at the property.

E.

Maximum Number of Guests and Daytime Visitors. The maximum number of total guests and visitors allowed at any time in a single vacation rental shall not exceed the maximum 12 occupancy plus six (6) additional persons per property during the daytime, excluding children under two (2) years of age.

F.

Limit on Number of Residences or Structures per Parcel. Only a single-family residence and a legally established guest house meeting current standards shall be used as a vacation rental. Only one (1) tenant shall be allowed on-site at any given time: Only one transient rental is allowed per parcel. Parcels containing multiple residences or habitable structures may only be used as vacation rentals subject to the granting of a conditional use permit.

G.

Parking. Parking shall be provided as follows: a minimum of one (1) on-site parking space for a vacation rental with up to two (2) guestrooms or sleeping rooms; two (2) on-site parking spaces for a three (3) or four (4) guestroom vacation rental. Larger vacation rentals must demonstrate adequate parking with a minimum of three (3) spaces. This maximum number of vehicles permitted for guests shall be clearly set forth in all rental agreements and in all online advertisements and listings.

H.

Noise Limits. All activities associated with the vacation rental shall meet the general noise standards contained below. Quiet hours shall be from 10:00 p.m. to 8:00 a.m. The property owner shall ensure that the quiet hours and limits on outdoor activities are included in rental agreements and in all online advertisements and listings.

I.

Amplified Sound. Outdoor amplified sound, other than household speakers, shall not be allowed at any time associated with a vacation rental.

J.

Pets. Pets, if allowed by owner, shall be secured on the property at all times. Continual nuisance barking by unattended pets is prohibited.

K.

Trash and Recycling Facilities. Recycling and refuse storage bins shall not be stored within public view unless in compliance with neighborhood standards. Recycling and trash receptacles shall be returned to screened storage areas within 24 hours of trash pick-up.

L.

Outdoor Fire Areas. Outdoor fire areas, when not prohibited by state or local fire bans, may be allowed but shall be limited to 3 feet in diameter, shall be located on a non-combustible surface, shall be covered by a fire screen, and shall be extinguished as soon as it is no longer in use or by 10:00 p.m., whichever is earlier. No fire or fire area shall be located within 25 feet of a structure or combustible material.

M.

24-hour Property Manager. All vacation rentals operating within Clayton County must have a designated property manager who is available 24 hours per day, 7 days per week during all times that the property is rented or used on a transient basis.

N.

Emergency Access. The owner of any vacation rental located behind a locked gate or within a gated community shall provide gate code or a lockbox with keys ("Knox Box" or similar) for exclusive use by the police and emergency or fire services departments.

O.

Posting and Neighbor Notification of Permit and Standards. Once a vacation rental permit has been approved, a copy of the permit listing all applicable standards and limits shall be posted within the vacation rental property. The owner shall post these standards in a prominent place within 6 feet of the front door of the vacation rental, and include them as part of all rental agreements.

P.

Requirements for All Internet Advertisements and Listings. All online advertisements and/or listings for the vacation rental property shall include the following:

1.

Maximum occupancy, not including children under two (2);

2.

Maximum number of vehicles;

3.

Notification that quiet hours must be observed between 10:00 p.m. and 8:00 a.m.;

4.

Notification that no outdoor amplified sound other than household speakers is allowed; and,

5.

The name, address, and number of the 24 hour property manager.

Sec. 4. Application for Registration

Application for registration of a Vacation Rental shall be made to the County Zoning Administrator or his or her designee and shall set forth at a minimum:

1.

The legal description of the property offered for rental (i.e., address. lot, block and subdivision name);

2.

Name, address. and phone number of owner of said property;

3.

Name, address, and emergency contact phone number of Responsible party for said property which shall be a twenty-four (24) hour. seven (7) days a week contact number;

4.

That the phone number for the Responsible party will be answered twenty-four (24) hours a day, seven (7) days a week by the Responsible party;

5.

Acknowledgements by owner of the following:

a.

That all vehicles associated with the Vacation Rental must be parked within the subject property in compliance with the Code of Ordinances of Clayton County;

b.

That it shall be unlawful to allow or make any noise or sound that exceeds the limits set forth in Chapter _____. Noise Control;

c.

That the owner shall comply with all applicable county, state and federal laws, rules, regulations, ordinances and statutes.

d.

That no solid waste container shall be located at the curb for pickup before 6:00 p.m. of the day prior to pick up, and solid waste container shall be removed before midnight of the day of pickup;

e.

That whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance of a property, or, having been authorized, licensed or invited is warned by the owner or lessee to depart the property and refuses to do so commits the offense of trespass in a structure or conveyance;

f.

That other properties are not jointly shared commodities and should not be considered available for use by transient occupants of the property subject of the application; and

6.

Proof of owner's current ownership of the property;

Submission of an incomplete registration application form shall result in rejection of the application.

Sec. 5. Fees for Registration

The Clayton County charges reasonable fees for registration to compensate for administrative expenses. The fees for registration shall be provided for, from time to time by resolution adopted by the Board of Commissioners of Clayton County.

Sec. 6. Enforcement Process

Initial complaints on vacation rentals shall be directed to the property manager identified in the zoning permit or use permit, as applicable. The property manager shall be available 24 hours during all times when the property is rented, and shall be available by phone during these hours. Should a problem arise and reported to the property manager, the property manager shall be responsible for contacting the tenant to correct the problem within 60 minutes, including visiting the site if necessary to ensure that the issue has been corrected. Failure to respond to complaints or report them to emergency officials shall be considered a violation of this section, and shall be cause for revocation of zoning permit status. If the issue reoccurs, the complaint will be addressed by the Zoning Administrator or Code Enforcement division who may conduct an investigation to determine whether there was a violation of a zoning or conditional use permit. At the discretion of the Zoning Administrator, the zoning permit or conditional use permit may be scheduled for a revocation hearing with the County Board of Commissioners. If the permit is revoked, a zoning or conditional use permit for a vacation rental may not be reapplied for or issued for a period of at least one (1) year.

(Ord. No. 2017-41, § 19, 5-30-17)

Sec. 1. Definitions from Clayton County Code of Ordinances Sec. 22-161 apply herein.

Sec. 2. Location of pawnshops

(1)

No pawnshop shall be located within five thousand feet (5,000) feet of any existing pawnshop.

(2)

A pawnshop shall not be established or expanded within one thousand (1,000) feet of the district boundary line of any residential zoning district.

(3)

A pawnshop shall not be established or expanded within one thousand (1,000) feet of the property line of a church, school or public park.

(4)

All measurements are from closest property line to closest property line measured in a straight line.

Sec. 3. Location of transactions

No business transactions by any business licensed under this article shall be conducted outside the building designated as the normal place to conduct transactions unless such business does not have a building. "Business transaction" means any part of business, including inspection or appraisal of any goods when it is possible for such goods to be taken inside the building where transactions normally are made ("possible" being here used in the broadest sense). No person other than those possessing a licensee or employee permit shall be allowed to conduct any form of business transactions either inside the establishment or on any part of outside land area covered under address of the license.

Sec. 4. Separate business establishment

No business licensed under this article shall be designed or operated so as to allow access to such business immediately from any other business without first exiting the other business into a common or open area to which the public at large has access.

Sec. 5. Land Use Matrix

(Ord. No. 2017-41, § 20, 5-30-17)

TW-01: This Towing and Wreckage Service and Impound Lot Standards section applies to the following districts: LI and HI.

A.

The site design standards for towing and wreckage services and impound lots are as follows:

1.

The minimum lot size for any towing or wreckage service establishment or impound lot is two (2) acres.

2.

The minimum public road frontage for any towing or wreckage service establishment or impound lot is two hundred (200) feet.

3.

Any towing or wreckage service establishment or impound lot shall be setback a minimum of five hundred (500) feet from residentially zoned property.

4.

A solid wall or fence that is a minimum of six (6) feet in height and a maximum of eight (8) feet in height shall be erected around any area where disabled or impounded motor vehicles are stored. In addition, the solid wall or fence shall be setback a minimum of 50 feet from all property lines.

5.

The towing or wreckage service establishment or impound lot shall be the only use permitted on the property. All ancillary uses shall be prohibited.

(Ord. No. 2017-41, § 21, 5-30-17)

AB-01: Definition.

An auto broker is an individual who markets passenger vehicles from an office with the actual vehicles being stored off-site. Customers typically conduct their vehicle search on-line and vehicles purchased are delivered directly from the storage lot to the buyer without the necessity of being brought to the office location. Auto brokers are license by the Georgia State Board of Registration of Used Motor Vehicle Dealers & Used Motor Vehicle Parts Dealers.

AB-02: Purpose.

Auto brokers are a use apart from car dealers since, as defined, display of vehicles by an auto broker on a lot within the County is prohibited. The use is therefore, relegated to that of an office use. Such office uses do not ordinarily contribute to a walkable commercial district that features attractive shops, eateries and service uses that contribute to formation of an inviting destination. Accordingly, auto brokers are deemed compatible with other uses permitted in an Office-Institutional District. Auto broker operations are characterized by on-line marketing of vehicles, without need of face-to-face contact. Such interaction is the antithesis of welcoming shopping districts in which purchases are made, and meetings are held, as in the case of a law office or a real estate office. Clayton County commercial districts should be reserved for retail, office and service uses where a good or service is delivered on-site to the customer.

AB-03: Applicable Zoning Districts.

Auto brokers may be established in the O-I, Office-Institutional District.

AB-04: Development Standards.

(a)

License required. Any auto broker, as herein defined and consistent with the term "motor vehicle broker" as such term is defined in O.C.G.A., section 43-47-2, doing business within Clayton County shall obtain a license from the County Clerk in the manner specified in this chapter.

(b)

Procedure for issuance. The County Clerk shall forward all applications for an auto broker occupational tax permit to the Zoning Administrator within forty-eight (48) hours of receipt of an application. The Zoning Administrator shall review the application and, if approved, forward a written decision in the form of a Zoning Certification to the County Clerk within ten (10) business days of receipt of an application. The County Clerk shall then forward the Zoning Certification to the applicant.

(c)

Restriction on issuance. Upon presentation of the Zoning Certification to the Georgia State Board of Registration of Used Motor Vehicle Dealers & Used Motor Vehicle Parts Dealers by the applicant and receipt of an auto broker's license issued to the applicant by the State Board, the applicant may apply for an occupational tax permit to conduct business as an auto broker. No occupational tax permit under this section shall be issued by Clayton County to any applicant who has not obtained a license from the Georgia State Board of Registration of Used Motor Vehicle Dealers & Used Motor Vehicle Parts Dealers.

(d)

Records. Each licensed auto broker shall maintain a record of all motor vehicles offered for sale to the public which shall indicate the make and model of the motor vehicle, year of manufacture, serial number and engine number. Such record shall be made available to the Police Chief or any Police Officer within the County and open to his or her inspection at any time.

(e)

Inspections. The County shall make inspections from time to time for the purpose of ensuring the records required in this section are being kept.

(f)

Fee established. The annual occupational tax permit fee for each auto broker conducting business in the county shall be set from time to time and a schedule of such fee shall be on file in the County Clerk's office.

(g)

Inventory stored off-site. No automobiles may be stored at the location of auto brokers office.

(h)

Exceptions. Nothing in this section shall be deemed to apply to any individual making an isolated sale of his or her personal vehicle.

(Ord. No. 2017-41, § 22, 5-30-17)

A.

The construction and use of electric fences shall be allowed in unincorporated Clayton County only as provided in this section, subject to the following standards:

1.

IEC Standard 60335-2-76: Unless otherwise specified herein, electric fences shall be constructed or installed in conformance with the specifications set forth in International Electro Technical Commission (IEC) Standard No. 60335-2-76.

2.

Electrification:

(a)

The energizer for electric fences must be driven by a commercial storage battery not to exceed 12 volts DC. The storage battery is charged primarily by a solar panel. However, the solar panel may be augmented by a commercial trickle charger.

(b)

The electric charge produced by the fence upon contact shall not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of IEC Standard No. 60335-2-76.

3.

Perimeter fence or wall:

(a)

No electric fence shall be installed or used unless it is completely surrounded by a non-electrical fence or wall that is not less than six feet.

4.

Location: Electric fences shall be permitted in HI (heavy industrial) and LI (light industrial) districts only.

5.

Height: Electric fences shall have a height of 10 feet (or 2 feet higher than the perimeter fence whichever is higher).

6.

Warning signs: Electric fences shall be clearly identified with warning signs that read: "Warning-Electric Fence" at intervals of not greater than forty-five feet between each sign.

7.

No electric fence shall be installed without first making an application to Community Development and obtaining a proper permit.

B.

It shall be unlawful for any person to install, maintain or operate an electric fence in violation of this section.

(Ord. No. 2018-33, § 1, 4-17-18)

The following development standards for Special Event Facility are applicable to all districts where the use is permitted as a conditional use permit.

A.

The business must be licensed as a special event facility in Clayton County and be subject to meet all licenses and requirements for operation and building occupancy.

B.

The hours of operation shall be limited so not to exceed 2:00 a.m. for each event.

C.

The owner/operator shall not sell food or alcoholic beverages to patrons except as stated in this ordinance. The selling of food and alcoholic beverages must be by a licensed caterer under the authority of the Clayton County Alcohol Ordinance and/or the Clayton County Board of Health.

D.

The caterer(s) shall obtain a license for each event from the Community Development Department for each special event held at the special event facility.

E.

The facility shall not advertise as a club on any social media platform or on other mediums.

F.

Provide adequate security in the interior and exterior of the facility during operational hours based on capacity. Security personnel must be POST certified.

G.

The Clayton County Noise Ordinance must be adhered to.

H.

Parking area shall be lighted and must have camera surveillance. Camera recordings shall be provided to Clayton County Police Department for incident investigations when requested.

I.

Provide on-site, one (1) parking space for each three persons allowed within the maximum occupancy load as established by local, county or state fire, building or health codes or one (1) parking space per 70 square feet of floor space, whichever is greater.

J.

Shared or Off-site parking may be provided subject to a parking agreement. The agreement shall be reviewed and approved by the Zoning Administrator.

K.

Adequate refuse collection must be provided and shall be enclosed so not to be visible from adjacent properties, public right-of-way, or surrounding parking facilities.

(Ord. No. 2018-130, § 11(2), 12-18-18 ; Ord. No. 2020-48, § 2, 3-17-20)

A.

Small Box Discount Variety stores are prohibited unless the proposed use is located: (1) more than 5,280 feet or 1 mile from an existing small box discount variety store; and (2) 5 miles from an existing full-service grocery store. The measurement of distance shall be measured as the crow flies from the outer property line of the existing small box discount variety store or full-service grocery store to the closest property boundary line of the proposed small box discount variety store.

B.

Incidental outdoor display is prohibited at all small box discount variety stores.

C.

If located at least 5,281 feet from another small box discount variety store, this use is permitted by conditional use permit ("CUP") only. In addition to the criteria for a CUP set forth in Section 13.16, when reviewing a request for CUP for a small box discount variety store use, the Clayton County Board of Commissioners shall consider:

1.

Whether the proposed small box discount variety store will likely have a detrimental impact on the development of full-service grocery stores and other businesses that sell fresh and healthy food items in the area to be served by the proposed use.

2.

The availability of healthy food options in the area of the proposed use and effect of the use on the retail food environment index as defined by the Centers for Disease Control and Prevention.

3.

Whether the proposed use is within a food desert, as defined by the United States Department of Agriculture at the time of application.

i.

A CUP approved under this section must stipulate that a minimum of 10 percent of the floor area of the small box discount variety store must be dedicated to fresh produce, meat and dairy products.

D.

A CUP approved under this section must stipulate that a minimum of 10 percent of the floor area of the small box discount variety store must be dedicated to fresh produce, meat and dairy products.

E.

A nonconforming small box discount variety store in existence on March 16, 2021 may relocate on the same parcel or within the same shopping center that it currently exists without obtaining a CUP provided the nonconforming use as a small box discount variety store has not been terminated as provided in Section 13.19.

F.

Dumpsters must be enclosed on four (4) sides with one single opening accessible to solid waste pick up and physically closed to all other items.

G.

External surveillance cameras must be installed, allowing Clayton County Police Department to access them, as needed.

(Ord. No. 2021-55, § 2, 3-16-21; Ord. No. 2024-135, § 1, 5-21-24)

A.

Live-work units shall meet all of the following standards:

1.

Restroom facilities shall be provided to serve the commercial portion of the unit and shall be ADA accessible.

2.

Units shall be subject to all County and State applicable licenses and business taxes.

3.

Units shall incorporate both living and working space in a single unit.

4.

A kitchen and a bathroom must be included in each unit.

5.

The residential portion may not be less than thirty-three (33) percent of the unit's total floor area.

6.

Within two-story live/work buildings, non-residential uses shall be located on the ground floor only.

7.

Within single story units, the non-residential use shall be located in the front, with street access.

8.

Living space within the live/work unit shall have internal access to the workspace.

9.

Each live/work unit shall have a primary entrance from the sidewalk, enhanced open spaces, arcades or public spaces.

10.

Each live/work unit shall have a 2-car garage.

(Ord. No. 2023-85, § 2, 4-18-22)

A.

Tractor, Truck parking; Tractor Trailer Storage shall meet all of the following standards:

1.

May use dense graded crushed stone with geo-web reinforcement.

2.

The principal building shall be a minimum 200 SF in size.

3.

Restroom facilities shall be provided to serve the users of the parking/storage area and compliant with ADA accessibility.

(Ord. No. 2023-211, § 4, 9-19-23)