The Historical Business District is intended to protect and promote the educational, cultural, economic, and general welfare of the public through the preservation and protection of the old, historic, architecturally worthy structures in historic areas or neighborhoods which exhibit a distinct aspect of the community and which serve as visible reminders of the history and cultural heritage of the community, state or nation. The district is also intended to assure that new structures and uses within such districts will be architecturally in keeping with the character to be preserved or enhanced.

(Ord. No. 91-9(Amd. 21), 9-6-2016)

1.

Accessory uses and structures customarily incidental to one or more principal permitted uses.

2.

Antique shops.

3.

Art and school supply stores.

4.

Automated car washes, as accessory to convenience stores with retail gasoline sales.

5.

Bake shops and bakeries.

6.

Banks and financial institutions, including drive-in, drive-through and automatic teller facilities as accessory uses.

6.1.

Banquet Hall.

7.

Barber shops and beauty shops.

8.

Book or stationery stores.

9.

Churches, temples, synagogues and places of worship.

10.

Clubs, lodges, fraternal institutions and other places of public assembly for membership groups, non profit or for profit.

11.

Clothes pressing, repair, sale and rental.

11.1.

Community Center.

11.2.

Conference/Convention Center.

12.

Convenience food and retail stores with or without retail gasoline sales.

12.1.

Cultural Facility.

13.

Dressmaking, millinery, sewing and tailor shops.

14.

Drug stores.

15.

Dry-cleaners and Laundromats not exceeding 2,500 square feet of total floor area.

16.

Electronic equipment sales.

16.1.

Event Center.

17.

Food and grocery stores.

18.

Food catering establishments.

19.

Florist shops.

20.

Gift shops.

21.

Hardware stores.

22.

Hobby shops.

23.

Hotels, motels, and bed and breakfast inns.

24.

Ice cream and yogurt shops.

25.

Instructional studios, such as music, dance, gymnastics, aerobics and martial arts.

26.

Interior decorating shops.

27.

Jewelry stores.

28.

Libraries, museums and art galleries.

29.

Locksmith shops.

30.

Music stores.

31.

Offices, business, medical, professional, insurance and real estate, and general.

32.

Parking garages and parking lots.

33.

Photocopying, printing and reproduction services not exceeding 2,500 square feet of total floor area.

34.

Photography shops and studios.

35.

Public and semi-public buildings and uses.

36.

Radio and television repair and sales stores.

37.

Radio and television studios, but not including broadcasting towers.

38.

Record, tape, and video rental and sales stores.

39.

Residences, single-family detached, attached, duplexes, townhouses, condominiums and apartments. Townhouses and condominiums are subject to all provisions of Section 1004 and Section 1005, respectively.

40.

Restaurants but not including drive-in or drive-thru facilities.

41.

Schools, public elementary, middle and secondary, and public and private colleges and universities.

42.

Schools, parochial, private vocational, and technical, non-profit or operated for profit.

43.

Small appliance repair shops.

44.

Snack and sandwich shops, but not including drive-in or drive-through facilities.

45.

Sporting goods stores.

46.

Toy stores.

47.

Travel agencies.

48.

Watch and clock sales and repair shops.

(Ord. No. 91-9(Amd. 21), 9-6-2016; Ord. No. 2018-08, 8-13-2018)

1.

Commercial-Residential Group Projects, as defined in Article III.

2.

Farmers' markets, flea markets, roadside stands and other similar seasonal or temporary activities.

(Ord. No. 91-9(Amd. 21), 9-6-2016)

Except as otherwise provided, it shall be unlawful in the B-3, Historical Business District, to provide any outdoor storage, outdoor display or outdoor sales on any portion of a subject lot; provided, however, that said prohibition shall not apply to farm winery tasting rooms as defined in O.C.G.A. § 3-6-21.1(a)(3) and restaurants which desire to sell outdoors provided that outdoor sales are restricted as follows:

1.

Sales shall occur only within an area of the zoned premises approved by the Community Development Director or the Director's designee.

2.

Approved signage must be displayed within said area to advise patrons that alcoholic beverages cannot be removed from the outdoor dining area under any circumstances.

3.

Any alcohol sold cannot be served in bottles, cans, plastic cups, or any other disposable containers, but only in glass containers.

4.

Any restaurant or farm winery tasting room utilizing sidewalk right of way must comply with the regulations of the City of Dahlonega concerning such sidewalk dining facilities.

5.

For the purposes of this ordinance front porch areas over which the restaurant or farm winery tasting room has control may be used in the same manner and under the same regulations as sidewalk dining facilities for up to four tables provided the porch area is approved by the Community Development Director or the Director's designee.

(Ord. No. 91-9(Amd. 21), 9-6-2016; Ord. No. 2019-02, 1-10-2019; Ord. No. 2020-03, 8-17-2020)

Any material change in appearance (including painting), demolition, relocation, or removal of an existing structure of building in whole or in part, or new construction of a structure or building, in the B3, Historical Business district, is subject to the provisions of Article XXV, Historic Properties and Districts.

This section now regulated by Ordinance 2008-4, Sign Ordinance.

(Ord. No. 91-9(Amd. 21), 9-6-2016)

(1)

Definitions. "Formula Business" means a type of commercial business establishment, retail sales or rental activity and retail sales or rental establishment, including restaurants, hotels and motels, which, along with ten (10) or more other establishments, maintains two (2) or more of the following features: (i) standardized array of merchandise or standardized menu; (ii) standard facade; (iii) standardized internal decor or color scheme; (iv) uniform apparel; (v) standardized signage; or (vi) trademark or service mark; provided, however, a "formula business" shall not include an automated, standalone vending machine.

(a)

"Standardized array of merchandise" means fifty (50%) percent or more of in-stock merchandise from a single distributor bearing uniform markings.

(b)

"Trademark" means a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs that identifies and distinguishes the source of the goods from one party from those of others.

(c)

"Servicemark" means a word, phrase, symbol or design, or a combination or words, phrases, symbols or designs that identifies and distinguishes the source of a service from one party from those of others.

(d)

"Decor" means the style of interior furnishings, which may include, but is not limited to, style of furniture, wallcoverings or permanent fixtures.

(e)

"Color scheme" means selection of colors used throughout, such as on the furnishings, permanent fixtures, and wallcoverings, or as used on the facade.

(f)

"Facade" means the face or front of a building, including awnings, looking onto a street or an open space.

(g)

"Uniform apparel" means standardized items of clothing including but not limited to standardized aprons, pants, shirts, smocks or dresses, hat, and pins (other than name tags) as well as standardized colors of clothing.

(h)

"Signage" means a "sign" as defined in Sec. 123-4 of the Code of the City of Dahlonega.

(i)

"Standardized" does not mean identical but means "substantially the same."

(2)

Purpose. The purpose of this section is to regulate the location of formula business establishments in order to maintain the village atmosphere, tourist attracting small town character of the B-3 zoning district of the City, the diversity of the community's unique commercial areas and quality of life for visitors and residents.

(3)

Regulation.

(a)

A formula business may only be established on a site after obtaining a conditional use permit from the City for the operation of that use on such site, subject to the limitations of this section. Change of ownership, by itself, shall not require obtaining a conditional use permit pursuant to this section.

(b)

In addition to the findings required by Sec. 2608 as a prerequisite to the issuance of a conditional use permit, the City Council shall make all of the following findings prior to the issuance of a conditional use permit for a formula business:

i.

The establishment is compatible with existing surrounding uses, and has been designed and will be operated in a non-obtrusive manner to preserve the community's character and ambiance;

ii.

The establishment is consistent with the City's comprehensive plan and other adopted planning documents;

iii.

The establishment will contribute to an appropriate balance of local, regional or national based businesses in the overall community.

(4)

Applicability. This section is in addition to, and not in replacement of, any other regulations set forth elsewhere in this title. In the event of a conflict between the provisions of this section and any other regulations in this title the provisions of this section shall prevail.

(5)

Existing formula retail establishments. Formula business establishments existing and/or permitted for construction on the date of adoption of this ordinance amendment are nonconforming structures as such are defined and regulated elsewhere in the ordinances and regulations of the City of Dahlonega.

(6)

Burden of proof. In the event the City determines that a permit application or permit subject to this section is for a formula business, the permit applicant or holder bears the burden of proving to the City that the proposed or existing use does not constitute a formula business.

(Ord. No. 2021-01, 6-7-2021)