Dekalb County Unincorporated
City Zoning Code

ARTICLE 3

- OVERLAY DISTRICT REGULATIONS

27-3.22 DIVISION 22. - EMORY VILLAGE OVERLAY DISTRICT[2]

Footnotes:

--- (2) ---

Editor's note—Ord. No. 2023-0906, Pt. I, adopted Sept. 28, 2023, repealed the former Div. 22, §§ 3.22.1—3.22.18, and enacted a new Div. 22 as set out herein. The former Div. 22 pertained to similar subject matter and derived from Ord. No. 15-06, adopted Aug. 25, 2015; and Ord. No. 2022-2269, adopted April 25, 2023.

27-3.38 DIVISION - 38.

FRAZER CENTER OVERLAY DISTRICT

27-3.39 DIVISION 39. - BOULDERCREST-CEDAR GROVE-MORELAND OVERLAY DISTRICT

YES = Permitted Use

EXCEPTIONS
1 = Permitted Use by right except when: east of Interstate 675 and directly adjacent to Tier 5, a single-family residential use, or underlying single-family residential zoning; exceptions must be requested via Special Land Use Permit (SLUP) from the DeKalb County Board of Commissioners.
2 = Permitted Use by right except when: directly abutting or has frontage along Bowman Industrial Court; exceptions must be requested via Special Land Use Permit (SLUP) from the DeKalb County Board of Commissioners.

NO = Prohibited Use
SP = Allowed with Special Land Use Permit ("SLUP") Granted by the DeKalb County Board of Commissioners
SA = Allowed With Special Administrative Permit from the Director of the Department of Planning and Sustainability
MX = Mixed Use DevelopmentDESCRIPTION OF USES: TIER 1
GATEWAY 1 TIER 2 TIER 3 TIERS 4 & 4A
GATEWAY 2
CORRIDOR 2 TIER 5 CORRIDOR 1 MIXED USE DEVELOPMENT Mixed use development (MX) shall include two or more different uses that include both permitted primary residential and nonresidential uses with residential not to exceed seventy percent (70%) of the total development floor area in a single structure. YES ¹ NO YES ¹ NO NO AGRICULTURALAGRICULTURE AND FORESTRY: Agricultural produce stand, off-site SA SA SA YES ¹² /4a SP NO Agricultural produce stand, on-site NO NO NO NO NO Agricultural crop production, processing and product storage NO NO NO NO NO Commercial greenhouse or plant nursery NO YES NO YES ¹² /4a-SP NO Community garden SA SA SA NO SA Temporary or portable sawmill NO NO NO NO NO ANIMAL ORIENTED AGRICULTURE: Dairy NO NO NO NO NO Grazing and pastureland NO NO NO NO NO Keeping of livestock NO NO NO NO NO Keeping of poultry/pigeons NO NO NO NO NO Kennels (Commercial) NO NO NO NO NO Kennels (Non-commercial) NO NO NO NO NO Livestock sales pavilion NO NO NO NO NO Riding academies and stables NO NO NO NO NO RESIDENTIALDWELLINGS: Dwelling, cluster home YES ¹ NO YES ¹ NO NO Dwelling, mobile home NO NO NO NO NO Dwelling, multi-family YES ¹ NO NO/unless MX, if MX abuts single-family zoning then SLUP required NO NO Dwelling, multi-family age restricted, 55 and over YES ¹ NO YES ¹ NO NO Dwelling, multi-family supportive living YES ¹ NO YES ¹ NO NO Dwelling, single-family (accessory, owner-occupied additional dwelling) YES ¹ NO YES ¹ NO NO Dwelling, single family (attached) YES ¹ NO YES ¹ NO NO Dwelling, single-family (detached) NO NO NO NO YES Dwelling, three family NO NO NO NO NO Dwelling, two-family NO NO NO NO NO High-rise apartment NO NO NO NO NO Home occupation (type I) - No customer contact YES ¹ NO YES ¹ NO YES Home occupation (type II) - Customer contact YES ¹ NO YES ¹ NO SP Live work unit YE ¹ NO YES ¹ NO NO Mobile home park NO NO NO NO NO LODGING: Bed & breakfast inn YES ¹ NO YES ¹ NO SP Boarding/rooming house NO NO NO NO NO Convents and monasteries NO NO NO NO NO Dormitory NO NO NO NO NO Extended stay hotel/motel NO NO NO NO NO Fraternity house or sorority house NO NO NO NO NO Home stay bed and breakfast YES ¹ NO YES ¹ NO NO Hotel/Motel with exterior access to rooms NO NO NO NO NO Hotel/Motel with only interior access to rooms YES ¹ YES NO YES ¹² /4a-SP NO Nursing or convalescent home/hospice YES ¹ NO NO NO NO Personal care home, community NO NO NO NO NO Personal care home, group NO NO NO NO NO Senior housing YES ¹ NO YES ¹ NO NO Shelter for homeless persons NO NO NO NO NO Shelter for homeless persons for no more than six (6) persons NO NO NO NO NO Transitional housing facility NO NO NO NO NO Transitional housing facility for no more than six (6) persons NO NO NO NO NO INSTITUTIONAL/PUBLICCOMMUNITY FACILITIES: Cemetery, columbarium, mausoleum NO NO NO NO NO Coliseum or stadium/gymnasium NO NO NO NO NO Fraternal club or lodge YES ¹ YES NO NO NO Funeral home, mortuary YES ¹ NO NO NO NO Golf course and clubhouse, public and private NO NO NO NO NO Hospital and accessory ambulance service YES ¹ YES NO NO NO Library YES ¹ NO YES ¹ NO NO Museums and cultural facilities YES ¹ NO YES ¹ NO NO Neighborhood recreation club (center-pool allowed) YES ¹ NO YES ¹ NO NO Non-commercial clubs or lodge (except fraternal club or lodge) NO NO NO NO NO Parks and open space YES ¹ YES YES ¹ YES ¹² /4a-SP NO Post Office YES ¹ YES YES ¹ NO NO Places of worship SP YES SP YES ¹² /4a-
NO NO Recreation, outdoor YES ¹ NO NO NO NO Swimming pools as principal uses (does not apply to accessory swimming pools for single-family detached homes) YES ¹ NO YES ¹ NO SP Temporary art shows, carnival rides and special events of community SA SA SA SA NO Temporary outdoor social, religious, entertainment or recreation activity SA SA SA SA/4a-NO NO Temporary rodeos, horse shows, carnivals, athletic events and community fairs SA SA NO SA NO Tennis courts and other play and recreation areas, public YES ¹ NO YES ¹ NO SP EDUCATION: Colleges, universities (research and training facilities) and accessory dormitories YES ¹ YES NO NO NO Private kindergarten, elementary middle and high schools YES ¹ NO YES ¹ NO NO Specialized degree or non-degree school focusing on fine arts and culture, to include ballet, music, martial arts and sports YES ¹ NO YES ¹ NO NO Vocational and specialized schools YES ¹ YES YES ¹ YES ¹² /4a-SP NO COMMERCIALAUTOMOBILE, BOAT AND TRAILER SALES AND SERVICE: Automobile and truck rental and leasing facilities NO YES NO YES ¹² /4a-NO NO Automobile/truck repair and maintenance (minor) SP YES NO YES ¹² /4a
NO NO Automobile repair and paint (major) NO YES NO YES ¹² /4a
NO NO Automobile sales and truck sales (new and used dealerships) NO YES NO YES ¹² /4a
NO NO Automobile upholstery shop NO YES NO YES ¹² /4a-SP NO Automobile wash/wax centers YES ¹ YES NO YES ¹² /4a-SP NO Boat sales NO YES NO YES ¹² /4a-SP NO Retail automobile parts and tire store YES ¹ YES NO YES ¹² /4a-SP NO Self-service car wash and detailing NO NO NO NO NO Tire store where the majority of the tires offered for sale are used tires NO NO NO NO NO Trailer salesroom and sales lot NO YES NO YES ¹² /4a-
NO NO Truck repair, major NO YES NO YES ¹² /4a
NO NO OFFICE: Accounting office YES ¹ YES YES ¹ YES ¹² NO Engineering and architecture office YES ¹ YES YES ¹ YES ¹² NO Finance office YES ¹ YES YES ¹ YES ¹² NO Insurance office YES ¹ YES YES ¹ YES ¹² NO Legal office YES ¹ YES YES ¹ YES ¹² NO Medical office YES ¹ YES YES ¹ YES ¹² NO Real estate office YES ¹ YES YES ¹ YES ¹² NO General Office YES ¹ YES YES ¹ YES ¹² NO Auto Brokerage Office YES ¹ YES YES ¹ YES ¹² NO Auto Internet Sales Office YES ¹ YES YES ¹ YES ¹² NO Brokerage Office YES ¹ YES YES ¹ YES ¹² NO Finger Printing Office YES ¹ YES YES ¹ YES ¹² NO Hair Follicle Testing Office YES ¹ YES YES ¹ YES ¹² NO Logistics Office YES ¹ YES YES ¹ YES ¹² NO Truck Brokerage Office YES ¹ YES YES ¹ YES ¹² NO Truck Parking Office YES ¹ YES YES ¹ YES ¹² NO Trucking Office YES ¹ YES YES ¹ YES ¹² NO RECREATION AND ENTERTAINMENT: Adult entertainment establishments NO NO NO NO NO Adult service facility NO NO NO NO NO Drive-in theater NO NO NO NO NO Fairground and amusement park NO NO NO NO NO Indoor recreation (bowling alleys, movie theaters & other activities wholly indoors) YES ¹ YES YES ¹ YES ¹² /4a-SP NO Nightclub and/or late night establishment NO NO NO NO NO Special events facility YES ¹ NO SP NO NO Theaters, assembly or concert halls, or similar entertainment within enclosed building YES ¹ NO YES ¹ NO NO RETAIL: Adult materials NO NO NO NO NO Apparel and accessories store YES ¹ YES YES ¹ NO NO Art gallery and art supply store and art theatre YES ¹ YES YES ¹ NO NO Book, greeting card, and stationery store YES ¹ YES YES ¹ NO NO Camera and photographic supply store YES ¹ YES YES ¹ NO NO Computer and computer software store YES ¹ YES YES ¹ NO NO Convenience store (with or without gasoline sales) YES ¹ YES YES ¹ YES ¹² /4a NO NO Drive-through facilities SP SP NO NO NO Farm and garden supply store YES ¹ YES YES ¹ NO NO Farmer's market, permanent YES ¹ NO NO NO NO Farmer's market, temporary SA NO SA NO NO Florist YES ¹ YES YES ¹ NO NO Food stores, including bakeries YES ¹ YES YES ¹ NO NO Fuel dealers, manufacturers and wholesalers NO YES NO YES ¹² /4a-NO NO General merchandise store YES ¹ YES YES ¹ NO NO Gift, novelty and souvenir store YES ¹ YES YES ¹ NO NO Gold and precious metal buying establishments NO NO NO NO NO Grocery stores including bakery YES ¹ YES YES ¹ YES ¹² NO Hardware store and other building materials (larger ≥ 25,000 square feet of floor area) YES ¹ YES NO YES ¹² /4a SP NO Hardware store and other building materials (neighborhood under 25,000 square feet of floor area) YES ¹ YES YES ¹ YES ¹² /4a SP NO Hobby, toy and game store YES ¹ YES YES ¹ NO NO Jewelry store YES ¹ YES YES ¹ NO NO Music and music equipment store (retail) YES ¹ YES YES ¹ NO NO News dealer and newsstand YES ¹ YES YES ¹ NO NO Office supplies and equipment store YES ¹ YES YES ¹ NO NO Outdoor open sales and flea market NO NO NO YES ¹² /4a-
NO NO Paint, glass and wallpaper store YES ¹ YES YES ¹ YES ² NO Pawn shop, title loan NO SP NO T4-YES ¹²
G2-SP ¹²
4a-NO NO Pet supply store YES ¹ YES YES ¹ NO NO Pharmacy and drug store YES ¹ YES YES ¹ NO NO Radio, television and consumer electronics store YES ¹ YES YES ¹ NO NO Retail automobile parts and tire store YES ¹ YES YES ¹ NO NO Retail, large scale at least 75,000 square feet (see also shopping center) SP NO NO T4-NO
G2-YES ¹²
4a-NO NO Retail liquor store SP SP NO T4-NO
G2-SP
4a-NO NO Retail warehouses/wholes providing sales of merchandise with no outdoor storage NO YES NO T4-YES ¹²
G2-NO
4a-NO NO Shopping center YES ¹ YES YES ¹ NO NO Specialty store YES ¹ YES YES ¹ NO NO Sporting goods and bicycle sale YES ¹ YES YES ¹ NO NO Telephone, retail and/or business office YES ¹ YES YES ¹ YES ¹² /4a-SP NO Temporary outdoor sales of merchandise as an accessory to on-site principal use SA SA SA SA NO Temporary outdoor sales of Christmas trees, pumpkins or other seasonal sales SA SA SA SA NO Thrift and consignment store, which is an establishment selling pre-owned NO NO NO NO NO Variety store YES ¹ YES YES ¹ NO NO Video tape sales and rental store NO NO NO NO NO RESTAURANTS/FOOD ESTABLISHMENTS: Brewpub YES ¹ YES YES ¹ SP NO Catering establishments YES ¹ YES NO YES ¹² /4a-SP NO Restaurants (non-drive-through) YES ¹ YES YES ¹ YES ¹² /4a-SP NO Restaurants with a drive-through configuration SP SP NO SP NO TRANSPORTATION AND STORAGE: Bus and rail stations and terminals for passengers, publicly owned and run YES ¹ SP NO YES ¹² /4a NO NO Heliport SP SP SP SP NO Parking, commercial lot NO YES NO YES ¹² /4a-
NO NO Parking, commercial garage NO NO NO NO NO Taxi stand and dispatching office with no permanent car storage NO YES NO YES ¹² /4a-SP NO Taxi stand and dispatching office with permanent car storage NO YES NO YES ¹² /4a-NO NO SERVICES: Adult day care center NO NO NO NO NO Adult day care facility YES ¹ NO YES ¹ NO NO Animal hospitals, veterinary clinic, boarding, with indoor runs only YES ¹ YES YES ¹ YES ¹² /4a-SP NO Animal shelter/rescue center NO NO NO NO NO Banks, credit unions and other similar financial institutions YES ¹ YES YES ¹ YES ¹² NO Barbers shop, beauty salon, nail salon YES ¹ NO YES ¹ YES ¹² NO Health spa (i.e. day spa) YES ¹ NO YES ¹ YES ¹² NO Breeding kennel NO NO NO NO NO Check cashing establishment Primary NO SP NO NO NO Child caring institution, group NO NO NO NO NO Child day care center (Kindergarten) YES ¹ YES YES ¹ NO NO Child day care facility YES ¹ YES YES ¹ NO NO Child caring institution, community NO NO NO NO NO Coin laundry/self-service laundry, only with hours 7:00 a.m.-10:00 p.m. & attendant on duty SP SP NO NO NO Dog day care, indoor runs only YES ¹ YES YES ¹ YES ¹² /4a-SP NO Dog grooming, indoor runs only YES ¹ YES YES ¹ YES ¹² /4a-SP NO Dry cleaning agencies, pressing establishments, and laundry pick-up service YES ¹ YES YES ¹ NO NO Fitness center YES ¹ YES YES ¹ NO NO Kennel (commercial) NO NO NO NO NO Landscape business NO YES NO YES ¹² /4a-SP NO Personal services establishment NO NO NO NO NO Photoengraving, typesetting, electrotyping NO YES NO YES ¹² /4a-SP NO Photographic studios YES ¹ YES YES ¹ NO NO Plumbing, heating and air-conditioning equipment establishments, and other contractors having no outdoor storage YES ¹ YES NO YES ¹² /4a-No NO Production studio for movie, television and/or music NO YES NO YES ¹² /4a-SP NO Publishing and printing establishments YES ¹ YES YES ¹ YES ¹² /4a-SP NO Tattoo establishment NO NO NO NO NO Quick copy, printing store YES ¹ YES YES ¹ NO NO SERVICES, MEDICAL AND HEALTH: Ambulance service and emergency medical services, private YES ¹ YES NO YES ¹² /4a-NO NO Blood collection center, donation only YES ¹ NO NO NO NO Health services clinic YES ¹ YES YES ¹ YES ¹² /4a-SP NO Home healthcare service YES ¹ NO YES ¹ NO NO Kidney dialysis center YES ¹ NO NO NO NO Medical and dental laboratories YES ¹ YES NO YES ¹² /4a-SP NO SERVICES, REPAIR: Furniture upholstery and repair shop, home appliance repair and service, with no outdoor storage or display YES ¹ YES NO YES ¹² /4a-SP NO Personal service, repair (watch and jewelry), with no outdoor storage YES ¹ YES YES ¹ NO NO INDUSTRIAL Alcohol or alcoholic beverage manufacturing, providing noise and odors are restricted per zoning and environmental codes NO YES NO YES ¹² /4a-SP NO Automobile and truck manufacturing NO YES NO YES ¹² /4a-NO NO Biomedical waste disposal facility, disposal facility, landfill, materials recovery center, solid waste landfill, private industry solid waste disposal facility, recovered materials processing facility, solid waste handling facility, solid waste thermal treatment technology facility, and disposal facility for hazardous and/or toxic materials including radioactive materials NO NO NO NO NO Brick, clay, tile or concrete products, terra cotta manufacturing NO NO NO YES ¹² /4a-NO NO Building materials and lumber supply establishment YES ¹ YES NO YES ¹² /4a-SP NO Cement, lime, gypsum or plaster of Paris manufacturing NO NO NO NO NO Chemical manufacture, organic or inorganic NO NO NO NO NO Contractor, general NO YES NO YES ¹² /4a-SP NO Contractor, heavy construction NO YES NO YES ¹² /4a-SP NO Contractor, special trade (e.g. plumbing, painting, carpentry, roofing, electrical, and other similar trades) NO YES NO YES ¹² /4a SP NO Crematoriums NO NO NO YES ¹² /4a-NO NO Distillation of bones and glue manufacture NO NO NO NO NO Dry cleaning plant NO YES NO YES ¹² /4a-SP NO Dye works NO NO NO NO NO Explosive manufacture or storage NO NO NO NO NO Fabricated metal manufacture NO YES NO YES ¹² /4a-SP NO Fat rendering and fertilizer manufacture NO NO NO NO NO Fuel and ice dealers, manufacturers and wholesalers NO YES NO YES ¹² /4a-SP NO General aviation airport NO NO NO NO NO Heavy equipment repair service NO NO NO YES ¹² /4a-NO NO Ice manufacturing plant NO YES NO YES ¹² /4a-SP NO Incidental retail sales of goods produced and processed on the premises YES ¹ YES YES ¹ YES ¹² /4a-SP NO Incineration of garbage or refuse when conducted within an enclosed plant NO NO NO NO NO Industrial establishments engaged in the manufacturing, processing, creating, repairing, renovating, painting, cleaning or assembly of goods, merchandise or equipment, or the wholesale or distribution of said goods, merchandise or equipment NO YES NO YES ¹² /4a-SP NO Industrial or business service activities which utilize, manufacture or process radioactive materials which emit or could emit radioactive levels of one thousand (1,000) curies or more and are licensed by the radiological health division of the Georgia Department of Human Resources NO NO NO NO NO Intermodal freight terminal, bus or rail freight or passenger terminal NO YES NO YES ¹² /4a-NO NO Leather manufacturing and processing NO NO NO NO NO Light malt beverage manufacturer NO YES NO YES ¹² /4a-SP NO Light manufacturing establishment NO YES NO YES ¹² /4a-SP NO Manufacturing operations not housed within a building NO NO NO YES ¹² /4a-NO NO Mines and mining operations, quarries, asphalt plants, gravel pits and sand pits NO NO NO NO NO Self-storage, multi YES ¹ YES NO YES ¹² /4a SP NO Self-storage, mini NO YES NO YES ¹² /4a NO NO Paper and pulp manufacture NO NO NO NO NO Petroleum or Inflammable liquids production, refining NO NO NO NO NO Railroad car classification yards and team truck yards NO NO NO NO NO Recycling plant, indoor NO NO NO T4-YES ¹²
G1-NO
4a-SP NO Recycling plant with any outdoor activities or outdoor storage NO NO NO T4-SP/4a-NO NO Repair and manufacture of clocks, watches, toys, novelties, electrical appliances, electronic devices, light sheet metal products, mining equipment, machine tools, and machinery not requiring the use of press punch over 100 tons rated capacity or drop hammer NO YES NO YES ¹² /4a-SP NO Research, experimental or testing laboratories NO SP NO YES ¹² /4a-SP NO Rubber and plastics manufacture NO NO NO NO NO Salvage yard (Junkyard) NO NO NO NO NO Smelting of copper, iron, zinc or ore NO NO NO NO NO Storage yard NO NO NO T4-SP/4a-NO NO Storage yard for damaged or confiscated vehicles NO NO NO NO NO Sugar refineries NO NO NO NO NO Tire retreading & recapping establishment with NO outdoor storage NO YES NO YES ¹² /4a NO NO Towing and wreckage service if wrecked/non-running vehicles are at rear of property, storage area is no greater than ½ acre, and wrecked/non-running vehicles must be screened from public view behind a fence NO SP NO SP NO Transportation equipment manufacture NO NO NO SP NO Transportation equipment storage and maintenance (vehicle) if wrecked/non-running vehicles are at rear of property, storage area is no greater than ½ acre in Tier 2, and wrecked/non-running vehicles must be screened from public view behind a fence NO SP NO YES ¹² /4a-No NO Truck stop NO YES NO YES ¹² /4a-
NO NO Truck Terminal NO YES NO YES ¹² /4a-
NO NO Waste oil transfer station, applicant must present a plan showing antipollution safeguards that satisfy the Commission NO NO NO NO/T4-SP NO Warehousing and storage NO YES NO YES ¹² /4a-SP NO COMMUNICATION-UTILITY Amateur radio service and antenna YES ¹ YES NO YES ¹² /4a-SP NO Communication equipment and temporary utility structures SA SA SA SA NO Electric transformer station, gas regulator station and telephone exchange NO NO NO YES ¹² /4a-
NO NO Public utility facilities NO NO NO YES ¹² /4a-SP NO Radio and television broadcasting studio YES ¹ YES NO YES ¹² /4a-SP NO Radio and television broadcasting transmission SP SP NO SP NO Telecommunications facility/tower and alternative antenna SP SP SP YES ¹² /4a-SP NO Telecommunications antenna on existing tower SA SA SA SA SA Utility structures for the transmission or distribution of services SA SA SP YES ¹² /4a-SP SP

(Ord. No. 2020-1175, Pt. I, 6-22-2021)

Table 1

BOULDERCREST-CEDAR GROVE-MORELAND OVERLAY DISTRICT
BUILDING AND SITE DEVELOPMENT STANDARDS TABLE FOR TIERS 1, 2, 3, AND 4
This "Building and Site Development Table" is cross-referenced in section 3.39.6

Section 3.39.6 Development Standards Applicable to Tiers 1, 2, 3 and 4	Tier 1	Tier 2	Tier 3	Tiers 4 and 4a
	Gateway			Gateway 2 and Corridor 2
Section 3.39.6.A. Building and Site Development Standards
(1) Canopies and awnings	Canopies and awnings over retail and commercial entrances and/or windows shall be mounted at a single consistent height for each building and shall comply with the district design guideline requirements for canopies and awnings. Temporary awnings are not allowed.
(2) Entrances
a. Entrances - residential	For residential buildings, the entrance area between the building façade and the public sidewalk shall contain only steps (minimum 3 and maximum 8 steps), front porches or stoops (minimum 28 inches and maximum 4 feet above grade), balconies or landscaping, subject to district design guidelines. For mixed-use buildings with residential over commercial, entrances to the residences shall be clearly visible and accessible from the public sidewalk.	Not applicable	For residential buildings, the entrance area between the building façade and the public sidewalk shall contain only steps (minimum 3 and maximum 8 steps), front porches or stoops (minimum 18 inches and maximum 4 feet above grade), balconies or landscaping, subject to district design guidelines. For mixed-use buildings with residential over commercial, entrances to the residences shall be clearly visible and accessible from the public sidewalk.	Not applicable
b. Entrances - non-residential	Non-residential ground-floor buildings shall have entrances at grade, clearly visible from the street, and opening directly onto a public sidewalk or publicly accessible open space adjacent to the public sidewalk.
c. Entrances - additional requirements for live-work units	The front entrance to each unit shall be open directly onto the public sidewalk or a publicly accessible open space.	Not applicable	The front entrance to each unit shall be open directly onto the public sidewalk or a publicly accessible open space.	Not applicable
(3) Ground floor façades	A minimum of 75 percent of the ground-floor façade (facing the public right-of-way) of non-residential uses shall be windows with clear glass or with tinted glass that allows at least 70 percent of light to filter through the window. Exception: single tenant developments are not required to comply with this requirement but have other façade design requirements regarding fenestrations and variations as specified in the district design guidelines.			A minimum of 50 feet of the front façade of a building must be articulated as a commercial building to the standards of Tiers 1—3 as specified in the district design guidelines. The remainder of the façade is not required to have fenestrations but must use the required materials in a varied and interesting way.
(4) Loading and service areas	Loading and service areas shall be screened with solid fencing to a minimum height of 6 feet and evergreen shrubs with mature height of 12 feet minimum planted to screen the fencing.		Loading and service areas shall be screened from view from the street and residential uses with building, landscaping or decorative fencing which are in compliance with district design guidelines.	Loading and service areas shall be screened with solid fencing to a minimum height of 6 feet and evergreen shrubs with mature height of 12 feet minimum planted to screen the fencing.
(5) Lot frontage minimum	Lot frontages shall be a required by the underlying zoning ordinance.
(6) Mechanical equipment and other building service items	Mechanical equipment and other building service items may not be located within the setback area between the public sidewalk and the building façade and may not be visible from the public right-of-way.
(7) Orientation	Buildings along adjacent street frontage shall be oriented toward the front of each lot—the façades facing the street(s) shall be articulated as the building's "front door;" buildings on corner lots or facing two or more streets shall be oriented towards all streets.
(8) Pedestrian access	Pedestrian access shall be provided from any parking area directly to a public sidewalk through the ground floor of the building or via sidewalks between buildings.	Pedestrian access shall be provided from all public parking areas directly to a public sidewalk.	Pedestrian access shall be provided from any parking area directly to a public sidewalk through the ground floor of the building or via sidewalks between buildings.	Pedestrian access shall be provided from all public parking areas directly to a public sidewalk.
(9) Sidewalks	Sidewalks along the fronts of buildings and internal to the property shall be connected to sidewalks on the right-of-way to encourage pedestrian use. They must form direct connections and have clear crosswalks across all drives and parking lots and must be clearly marked with pavement striping, staining or change in materials. Sidewalks must be continuous across driveway entrances.
(10) Structured parking	Parking decks shall not exceed the height of the tallest adjacent building within the development and shall not be visible from surrounding properties unless constructed to blend with the design and materials of the adjacent buildings consistent with district design guidelines.		Parking decks are not allowed.	Parking decks shall not exceed the height of the tallest adjacent building within the development and shall not be visible from surrounding properties unless constructed to blend with the design and materials of the adjacent buildings consistent with district design guidelines.
(11) Surface parking	Except along Bouldercrest Road, parking must be behind buildings or parallel on-street parking. Along Bouldercrest, buildings may be set back 85 feet to accommodate one bay of parking, double loaded.	Parking is allowed in front of buildings (maximum 85-foot setback) and beside buildings with landscape buffering as required elsewhere in this ordinance.	Except along Bouldercrest Road, parking must be behind buildings or parallel on-street parking. Along Bouldercrest, buildings may be set back 85 feet to accommodate one bay of parking, double loaded.	Parking is allowed in front of buildings (maximum 85 foot setback) and beside buildings with landscape buffering as required elsewhere in this ordinance. Additional requirement for Tier 4A.: parking can be no closer than 15 feet from the western edge of the utility easement.

Table 2

BOULDERCREST-CEDAR GROVE-MORELAND OVERLAY DISTRICT
BUILDING SETBACKS STANDARDS TABLE FOR TIERS 1, 2, 3, AND 4
This "Building Setbacks Table" is cross-referenced in section 3.37.4

Section 3.37.4 Development Standards Applicable to Tiers 1, 2, 3 and 4	Tier 1	Tier 2	Tier 3	Tiers 4 and 4a
	Gateway			Gateway 2 and Corridor 2
Section 3.37.4.B. Building Setbacks
(1) Corner lots setbacks	For corner lots, all setback requirements apply to both streets for both residential and non-residential.
(2) Front setbacks along Bouldercrest Road	Maximum setback shall be 85 feet from the public right-of-way except in Gateway 1 where the maximum setback is 95 feet; such setbacks are to allow for a minimum 10-foot landscape zone, maximum 60-foot parking, minimum 15-foot sidewalk/planting.	Not applicable	Maximum setback shall be 85 feet from the public right-of-way to allow for a minimum 10-foot landscape zone, maximum 60-foot parking, minimum 15-foot sidewalk/planting.	Not applicable
(3) Front setbacks along Cedar Grove Road	Not applicable	Maximum setback shall be 85 feet from the public right-of-way to allow for a minimum 10-foot landscape zone, maximum 60-foot parking, minimum 15-foot sidewalk/planting.	Maximum setback shall be 15 feet from the public right-of-way, with zero (0) recommended; on-street parking shall be created.	Maximum setback shall be 85 feet from the public right-of-way to allow for a minimum 10-foot landscape zone, maximum 60-foot parking, minimum 15-foot sidewalk/planting.
(4) Front setbacks along Moreland Avenue	Not applicable	Maximum setback shall be 95 feet from the public right-of-way to allow for a minimum 20-foot landscape zone, maximum 60-foot parking, minimum 15-foot sidewalk/planting.	Not applicable	Maximum setback shall be 95 feet from the public right-of-way to allow for a minimum 20-foot landscape zone, maximum 60-foot parking, minimum 15-foot sidewalk/planting.
(5) Front setbacks along all other streets	Zero setback from the public right-of-way is recommended with 15-foot maximum setback required; for corner lots, setbacks shall apply to both streets.	Maximum setback shall be 85 feet from the public right-of-way to allow for a 10-foot landscape zone, 60-foot parking, 15-foot sidewalk/planting.	Zero setback from the public right-of-way is recommended with 20-foot maximum setback required; for corner lots, setbacks shall apply to both streets.	Maximum setback shall be 85 feet from the public right-of-way to allow for a 10-foot landscape zone, 60-foot parking, 15-foot sidewalk/planting.
(6) Front setbacks exception for residential	Residential buildings shall be set back at a minimum of 5 feet and a maximum of 15 feet.	Not applicable	Residential buildings shall be set back at a maximum of 5 feet and a maximum of 15 feet.	Not applicable
(7) Rear-setbacks	Minimum rear setback is 10 feet. Additional requirement for Tier 4A.: all setbacks can be no closer than 15 feet from the western edge of the utility easement.
(8) Setbacks for parking lots and other improvements	Minimum 15 feet outside of buffers unless shared parking or use agreements are in place			Minimum 15 feet outside of buffers. Additional requirement for Tier 4A.: all setbacks can be no closer than 15 feet from the western edge of the utility easement.
(9) Side setbacks - outside of required buffers	Minimum interior side setback from property line shall be zero (0) feet, unless the property is adjacent to an existing building with windows facing the property line, in which case the setback shall be a minimum of 20 feet.	Minimum interior side setback from property line shall be 10 feet, unless the property is adjacent to an existing building with windows facing the property line, in which case the setback shall be a minimum of 20 feet.	Minimum interior side setback from property line shall be zero (0) feet, unless the property is adjacent to an existing building with windows facing the property line, in which case the setback shall be a minimum of 20 feet.	Minimum interior side setback from property line shall be 10 feet, unless the property is adjacent to an existing building with windows facing the property line, in which case the setback shall be a minimum of 20 feet.
(10) Side-setbacks exception for mixed-use developments	In mixed-use developments there shall be a minimum of 10 feet between buildings less than 3 stories in height and a minimum of 15 feet between buildings when at least one of them is 3 stories or greater in height.			Not applicable

(Ord. No. 2020-1175, Pt. I, 6-22-2021)

Table 3

BOULDERCREST-CEDAR GROVE-MORELAND OVERLAY DISTRICT
TRANSITIONAL BUFFERS AND SCREENING STANDARDS TABLE FOR TIERS 1, 2, 3, AND 4
This "Transitional Buffers and Screening Standards Table" is cross-referenced in section 3.39.6

Section 3.39.6 Development Standards Applicable to Tiers 1, 2, 3 and 4	Tier 1	Tier 2	Tier 3	Tiers 4 and 4a
	Gateway			Gateway 2 and Corridor 2
Section 3.39.6.C. Transitional Buffers, Screening and Heights
(1) Fencing/walls visible from any public plaza, open space ground level or sidewalk level outdoor dining area, internal main private drive or public street or right-of-way.
a. Fencing/walls materials	Materials allowed are brick, stone, hard-coat stucco, wrought iron or wood. Chain-link fencing, barbed wire fencing, or razor wire fencing in Tiers 1, 2, 3, 4, and 4a may only be used where not visible from the public right-of-way and where used in conjunction with evergreen landscape screening to hide the fence within 5 years. Geo-fencing ("flock cameras" or similar devices) may be installed adjacent to driveway entrances and adjacent to and within parking lots to provide appropriate security.
b. Fencing/walls materials - detention areas	Detention areas shall be designed as open space features with landscaping. Where fencing is required, it must be decorative and approved by the Director of the Department of Planning and Sustainability.	Detention areas shall be designed as open space features with landscaping and attractive fencing if visible to public or private view, and fencing materials for detention areas must be approved prior to installation by the Director of the Department of Planning and Sustainability.	Detention areas shall be designed as open space features with landscaping. Where fencing is required, it must be decorative and approved by the Director of the Department of Planning and Sustainability.	Detention areas shall be designed as open space features with landscaping and attractive fencing if visible to public or private view, and fencing materials for detention areas must be approved prior to installation by the Director of the Department of Planning and Sustainability.
c. Fencing/walls height	Allowed height for fences and walls is 3-foot maximum height within 20 feet of a public right-of-way and 6-foot maximum height for fences/walls to the rear or side of a building or within 85 feet of public right-of-way.			Allowed height for fences and walls is 3-foot maximum height within 20 feet of a public right-of-way and 6-foot maximum height for fences/walls to the rear or side of a building or within 85 feet of a public right-of-way.
d. Fencing/walls height	Allowed height for fences and walls is 3-foot maximum height along public right-of-way and 6-foot maximum height for fences/walls to the rear or side of a building or within 85 feet of public right-of-way.			Allowed height for fences and walls is 3-foot maximum height within 20 feet of a public right-of-way and 6-foot maximum height for fences/walls to the rear or side of a building
(2) Transitional buffers
a. Paving or impervious surfaces	Paving and/or impervious surfaces, parking, loading, storage or any other use is not allowed in the transitional buffer zones
b. Special buffer requirements—adjacent to easement	Not applicable			A 15-foot wide evergreen buffer is required on the west side of the power easement in Tier 4A. and must be comprised of evergreen plants (minimum 15-foot maturity) installed to create a visual screen within 5 years.
c. Special buffer requirements—for nonresidential properties adjacent to property with an R zoning classification	Transitional buffer of not less than 30 feet in width shall be provided and maintained with vegetation that adequately screens buildings from adjacent R zoned properties	Not applicable	Transitional buffer of not less than 30 feet in width shall be provided and maintained with vegetation that adequately screens buildings viewed at eye level from adjacent properties in the R zoned area.
d. Special buffer requirements—buildings in excess of thirty-five (35) feet in height and adjacent to property with an R zoning classification	The width of the transitional buffer feet (not less than 30 feet) shall increase at a ratio of 1:1; specifically, one additional foot of buffer width is required for each foot by which building height exceeds 35 feet	Not applicable	The width of the transitional buffer shall increase at a ratio of 1:1; specifically, one additional foot of buffer width is required for each foot by which building height exceeds 35 feet
e. Utility installations	May be located in the buffer zone subject to replantings per 27-785[sic]	Not applicable	May be located in the buffer zone if adequate screening of both building and utilities is provided
f. Water detention ponds	Shall not be located within the transitional buffer zone	Not applicable	Shall not be located within the transitional buffer zone
g. Vegetation—existing	If existing vegetation provides adequate visual screen at eye level, it shall remain undisturbed, unless it can be demonstrated that removing all or a portion of existing vegetation and replacing with new vegetation will provide a better visual screen and it is approved by the County Arborist.	Not applicable	If existing vegetation provides adequate visual screen at eye level, it shall remain undisturbed unless it can be demonstrated that removing all or a portion of existing vegetation and replacing with new vegetation will provide a better visual screen and it is approved by the County Arborist
h. Vegetation—additional	If existing vegetation does not provide adequate screening at eye level, existing vegetation shall be enhanced with native or naturalized trees, shrubs and groundcover adequate to provide an effective visual screen at eye level front adjacent properties. If there is no existing vegetation, the transitional buffer zone shall be planted with double staggered rows of approved evergreens and other plants to form a dense visual screen.	Not applicable	If existing vegetation does not provide adequate screening at eye level, existing vegetation shall be enhanced with native or naturalized trees, shrubs and groundcover adequate to provide an effective visual screen at eye level from adjacent properties. If there is no existing vegetation, the transitional buffer zone shall be planted with double staggered rows of approved evergreens and other plants to form a dense visual screen
(3) Height standards in transitional buffers
a. Building height plane when boundary is adjacent to R zoned property	A transitional height plane of 45 degrees shall apply.	Not applicable	A transitional height plane of 45 degrees shall apply.
b. Additional requirements at option of planning director	Director of the Department of Planning and Sustainability may, at his/her discretion, require the use of staggered heights, greater setbacks and enhanced buffers to protect existing residential properties	Not applicable	Director of the Department of Planning and Sustainability may, at his/her discretion, require the use of staggered heights, greater setbacks and enhanced buffers to protect existing residential properties

(Ord. No. 2020-1175, Pt. I, 6-22-2021)

Table 4

BOULDERCREST-CEDAR GROVE-MORELAND OVERLAY DISTRICT
HEIGHT AND DENSITY STANDARDS TABLE FOR TIERS 1, 2, 3, AND 4
This "Height and Density Standards Table" is cross-referenced in section 3.39.6

Section 3.39.6 Development Standards Applicable to Tiers 1, 2, 3	Tier 1	Tier 2	Tier 3	Tiers 4 and 4a
	Gateway			Gateway 2 and Corridor 2
Section 3.39.6.D. Height and density standards
(1) Height standards	Height of buildings shall be limited to five (5) stories, not to exceed 60 feet for Tier 1 properties that do not abut Tier 5, an underlying single-family residential zoning district, or a single-family residential use. An increase in height shall be subject to a Special Land Use Permit (SLUP). Building height is limited to 2 stories not to exceed 40 feet for any Tier 1 property which abuts Tier 5 zoned properties, an underlying single-family residential zoning district, or a single-family residential use. An increase in height above 40 feet shall be subject to a Special Land Use Permit (SLUP).	Height of buildings shall be limited to 8 stories, not to exceed 100 feet. An increase in height shall be subject to a Special Land Use Permit (SLUP).	Height of buildings shall be limited to 3 stories, not to exceed 40 feet. An increase in height shall be subject to a Special Land Use Permit (SLUP).	Height of buildings shall be limited to 4 stories, not to exceed 50 feet, for Tier 4 properties that do not abut Tier 5, an underlying single-family residential zoning district, or a single-family residential use. An increase in height up to 60 feet shall be subject to an administrative variance approval by the Planning Director based on justification considering building setbacks, screening, and/or building heights in the surrounding area. An increase in height above 60 feet shall be subject to a Special Land Use Permit (SLUP). Building height is limited to 2 stories not to exceed 40 feet for any property in Tier 4(a) or for Tier 4 properties which abut Tier 5 zoned properties, an underlying single-family residential zoning district, or a single-family residential use. An increase in height above 40 feet shall be subject to a Special Land Use Permit (SLUP).
(2) Height standards—exception	Height limitations may be exceeded by obtaining a Special Land Use Permit from the Board of Commissioners
(3) Density standards	Floor to area ratio (FAR) shall not exceed 1.5, except Density Bonus as allowed in section 3.37.4.C.	Floor to area ratio (FAR) for industrial use shall not exceed .5 other allowed uses shall not exceed 1.0, except Density Bonus as allowed in section 3.37.4.C.	Floor to area ratio (FAR) shall not exceed 1.0, except Density Bonus as allowed in section 3.37.4.C.	Floor to area ratio (FAR) shall not exceed .5, except Density Bonus as allowed in section 3.37.4.C.

(Ord. No. 2020-1175, Pt. I, 6-22-2021)

Table 5

BOULDERCREST-CEDAR GROVE-MORELAND OVERLAY DISTRICT
HEIGHT AND DENSITY STANDARDS TABLE FOR TIERS 1, 2, 3, AND 4
This "Height and Density Standards Table" is cross-referenced in section 3.39.6

Section 3.39.6 Development Standards Applicable to Tiers 1, 2, 3 and 4	Tier 1	Tier 2	Tier 3	Tiers 4 and 4a
	Gateway			Gateway 2 and Corridor 2
Section 3.39.6.E. Amenity Bonus
ADDITIONAL AMENITY	DENSITY BONUS ALLOWED
ADDITIONAL AMENITY	Tier 1	Tier 2	Tier 3	Tier 4
Increase publicly available open space to twenty-five percent (25%) while providing connectivity	0.2	0.2	0.1	0.25
Increase publicly available open space to thirty-five percent (35%) while providing connectivity	0.25	0.25	0.25	0.5
Mixed Use Development with minimum of fifty percent (50%) and maximum of eighty percent (80%) residential FAR	0.25	0.25	0.25	N/A
Vertically mixed use buildings with minimum fifteen (15) dwellings per acre	0.5	0.5	0.2	N/A
Maximum Bonus	1	1	0.5	0.5
Base Density	1	1.5	0.5	1
Maximum Density with Bonuses	2	2.5	1	1.5
Maximum Height	5 stories not to exceed 60 feet	8 stories not to exceed 100 feet	3 stories not to exceed 40 feet	4 stories not to exceed 50 feet

Design Guidelines
[for the]
Bouldercrest-Cedar Grove-Moreland
Overlay District

Purpose and authority.

In order to protect the interests of property owners in the Bouldercrest-Cedar Grove-Moreland (BCGM) Overlay District and to preserve the health, safety, and welfare of the citizens of DeKalb County, it is essential that development within the BCGM Overlay District be of a consistently high design character. This goal is best fulfilled by the establishment of orderly and consistent guidelines for the design, construction and maintenance of public and private improvements. Following consistent design guidelines promotes the identity an integrity of this important activity center and advances the public purpose of securing a high quality of life and promoting the economic health of DeKalb County

The Board of Commissioners of DeKalb County has established the BCGM Overlay District and adopted these design guidelines by reference as minimum guidelines to govern the overlay area. It is thereby declared to be a public purpose to administer and enforce the following minimum design guidelines for all new development within the BCGM Overlay District.

These design guidelines are intended to augment and enhance chapters 14, 27 and other guidelines of the DeKalb County Code of Ordinances, which shall remain in full force and effect within the BCGM Overlay District.

The goals of these guidelines include:

To provide for connectivity of streets and communities and reduce the dependence on automobile use by increasing the ease of movement and opportunities for alternative modes of travel; and

To ensure a proportional relationship of surrounding buildings with respect to the general spacing of structures, building mass and scale, and street frontage by using techniques to achieve compatibility, such as:

Use of additional façade detail; proportion of façade elements, doorways, projections and insets; window scale and pattern; and creation of strong shadow lines as decorative elements;

Use of consistent setbacks from property lines;

Development of consistent sidewalks and a more active, interesting pedestrian environment;

Use of landscaping, lighting and street furniture to unify district buildings and define space; and

Use of compatible building materials to promote a design and building aesthetic consistent with Oglethorpe University and the desired urban village character.

These design guidelines shall be administered by the DeKalb County Planning and Sustainability Department. Applicants for development permits are encouraged to schedule a pre-application conference with the planning department in order to assure full understanding and compliance with these design guidelines. Interpretations, disputes, and appeals with respect to the interpretation and application of these design guidelines shall be resolved by the Director of the DeKalb County Planning and Sustainability Department.

[District boundaries.]

Streets and sidewalks.

[Generally.] Public and private streets shall meet all the requirements for public streets in chapter 14 of the DeKalb County Code of Ordinances, Land Development, and the BCGM Overlay District with the following exceptions and enhancements unless otherwise indicated in the ordinance:

The design of streets within the BCGM Overlay District shall provide for the continuous and interconnected travel of automobiles, transit buses, bicycles, and pedestrians between points of origin and destination within the district, and shall provide for maximum continuity with streets, transit routes, sidewalks, bicycle lanes, trails, paths, and greenways that enter and leave the overlay district from surrounding areas.

Any new streets shall enhance connectivity within the BCGM Overlay District by connecting at least two (2) public streets. When blocks are subdivided by new streets, the maximum length of resulting new blocks shall be three hundred (300) linear feet, or six hundred (600) feet along Moreland Avenue.

Gates and security arms shall be prohibited from crossing any public street or sidewalk.

All utilities shall be located underground.

Plan below is to illustrate location of design elements-it is not drawn to scale.

Exhibit 1

Refer to the table in section 3.39.6 of the ordinance for dimensions and specifics of street and sidewalk design.

All Streets in Tiers 2 and 4 must be designed to accommodate large trucks.

On-street parking. On-street parking is an efficient manner to provide convenient store-front parking and residential parking on minor streets in order to reduce the need for large surface parking lots. On-street parking spaces along the street frontage of an adjacent parcel shall not be counted with off-street parking and shared parking to meet parking requirements of chapter 27. On-street parking spaces shall be safely accessed from the travel lanes of the adjoining street, paved to the specifications of public streets and demarcated with painted lines not less than three (3) inches in width. Parallel parking spaces shall be not less than nine (9) feet wide and not less than twenty (20) feet in length. DeKalb County shall have sole authority to determine time limits, metering and signage of on-street parking spaces on public streets within the overlay district. On-street parking shall be provided on street types as indicated in Table 1. On street parking stalls shall be demarcated with painted boundaries not less than three (3) inches in width and shall be a minimum of nine (9) feet in width and twenty (20) feet in length.

Medians. In roads with more than two (2) lanes, raised medians shall be designed and constructed to provide for safe and convenient crossings for persons with disabilities and shall provide refuge for pedestrians at crosswalks, as shown in Exhibit 1. Raised medians shall be landscaped with trees, shrubbery and other approved groundcover materials in the plant list contained in the appendix unless otherwise approved by the planning director. Shrubbery and groundcover planted in the medians within 30 feet of the nose of the median shall not exceed eighteen (18) inches in height.

Bicycle lanes and bicycle racks. Paved bicycle lanes shall be provided along both sides of minor and major collector streets. Bicycle lanes shall be not less than five (5) feet in width with signs and pavement markings as required by the latest version of the Manual for Uniform Traffic Control Devices. Off-street bicycle paths shall be paved not less than ten (10) feet in width and have cross-slopes not greater than two (2) percent. Properties that require more than one hundred (100) parking spaces shall provide bike racks with at least one (1) parking stall per one hundred (100) vehicular parking spaces. Bicycle racks shall be securely anchored to the ground or a permanent structure, and shall be located adjacent to outdoor lighting sources.

Sidewalks and pedestrian ways. The BCGM Overlay District shall be designed to minimize the need for vehicular transportation and to promote pedestrian and bicycle circulation throughout the overlay district. The construction of continuous sidewalks along all streets and off-street pedestrian ways between all building entrances, between adjacent parking lots and connecting streets with adjacent parking lots, transit stops and building entrances is required throughout the overlay district. See Exhibit 1, page 5, showing sidewalks along streets. See page 28, for an illustration of off-street pedestrian ways linking parking lots and building entrances. Sidewalks are also encouraged within greenways and other outdoor recreational areas.

Sidewalks in the overlay district shall be as listed in the table under section 3.39.6, and constructed of four-inch-thick poured in place concrete. Minimum side slope for all sidewalks shall be two (2) percent. Alternatively, sidewalks may be constructed with brick, stone, or similar durable paver materials to add aesthetic interest and visibility, especially at building entrances, in plazas, in pedestrian crosswalks and at other pedestrian intersections with vehicular routes. Asphalt is not an acceptable paving material for sidewalks or pedestrian ways.

To the extent feasible, sidewalks and pedestrian ways shall be aligned vertically and horizontally to minimize the impact on existing topography and vegetation while forming a continuous pedestrian system. Sidewalks and pedestrian ways that join at property lines or with existing sidewalks shall match the elevation, alignment and cross slope of the abutting sidewalks to form a safe, smooth and continuous sidewalk system.

Landscape strips (the area between the sidewalk and the back of curb) shall be planted with grass, ground cover and flowering plants, or consist of brick pavers, concrete pavers or granite pavers where on-street parking is provided or pedestrian crossings and/or congregation is likely. Pedestrian zones shall be paved in concrete and kept clear and unobstructed for the safe and convenient use of pedestrians. Street trees shall be planted in the landscape strip, unless the strip is less than five (5) feet wide—in which case, the trees must be planted in the landscape zone outside the limits of the sidewalk. Trees shall be selected from the recommended plant list at the end of these guidelines from the first section labeled 'street trees.' Where overhead utilities exist, trees shall be selected from the second section, labeled 'small trees.'

Safe and convenient pedestrian pathways shall be provided from sidewalks along streets to each structure entrance, including pedestrian access routes to parking decks and through parking lots and between adjacent buildings within the same development. All walkways shall be concrete and a minimum width of five (5) feet.

Sidewalk paving materials shall be continued across any intervening driveway at the same prevailing grade and cross slope as on the adjacent pedestrian sidewalk area. Alternatively, approved striping and/or pavement markings may be used to connect pedestrian route across drives and parking lots.

Benches, trash receptacles, and bike racks shall be placed within the landscape strip at high pedestrian traffic areas.

Crosswalks. All crosswalks and other intersecting points between the pedestrian and vehicular traffic systems shall be clearly marked as shown in Exhibit 7. The use of approved brick, concrete or stone paving materials to identify crosswalk areas is encouraged. Crosswalks shall be designed to meet DeKalb County's guidelines of use for disabled persons. Crosswalks for median-divided streets shall provide for barrier-free passage and refuge areas as illustrated in Exhibit 1. Cross-walks shall be accompanied by pedestrian signals where required by DeKalb County and in conformity with the Manual for Uniform Traffic Control Devices.

Exhibit 2: Crosswalk delineation.

Crosswalks must be clearly marked to meet DOT standards. All crosswalks must have ADA standard curb cuts. Bricks or concrete pavers delineating the walks are desirable. Pavers and planting in islands is required to create landing zones for pedestrians where free-flow turns are installed (see below).

It is desirable to install pedestrian plazas at street intersections.

Decorative paving may be used in the landscape strip. Street lights are to be located in this strip, along with street trees (maximum forty (40) feet o.c.). Planting beds (min. fifteen (15) feet long) must occur in the landscape strip, no more than sixty (60) feet o.c.

Provide sidewalk access directly from sidewalks to businesses

In Tiers 2 and 4, and also in Tier 1 (properties fronting on Bouldercrest Road only) buildings may be set back up to a maximum 85 feet from the right-of-way (maximum one double-loaded bay of parking plus sidewalk and landscape strip). Direct sidewalk access must be provided, and decorative paving is encouraged. Landscaping must soften/buffer parking and include trees at 40' maximum spacing. See cross-section in subsection III.E.1. 7.

Not Allowed:

Sidewalks are not allowed next to curb. Deceleration lanes are discouraged and should be added only where necessary.

Streets and sidewalks—Residential.

For multi-family and attached single-family housing in Tiers 1 and 3, there must be a minimum five-foot landscape strip behind the curb, a minimum eight-foot wide sidewalk, and a front yard of eight (8) feet minimum and fifteen (15) feet maximum. This front yard shall be for landscaping, porches and steps. Decorative fences are also allowed. Live/work units may have up to seventy (70) percent of this front yard paved.

Six-foot-wide sidewalks are required on both sides of the streets in all new Tier 5 single-family residential development. A four-foot minimum landscape strip is required between the curb and sidewalk.

Not Acceptable

All new developments must include sidewalks.

New residential developments Tier 5 must not have any vertical improvements (buildings, walls over three (3) feet, etc.) within the setback from the current right-of-way for adjacent existing buildings. Buildings facing the existing road must be articulated like the building's front, including continuation of the same materials. All homes must carry the design and materials of the front to all sides visible from the street.

When new homes are built on infill lots in existing neighborhoods, these homes must maintain (or exceed) the standards of the existing homes—size, quality of materials, placement, design detailing, etc.

Sidewalks, trees and architectural variety are lacking in these photographs. Placement of buildings, colors, garage setback must all be considered to make the most attractive neighborhoods. Architectural features and materials must be continued on all visible sides.

Streets and sidewalks—Corridors 1 and 2.

Corridor 1.

New residential developments along Corridor 1 must not have any vertical improvements (buildings, walls over three (3) feet, etc.) within one hundred (100) feet of the corridor right-of-way or setbacks of existing adjacent homes—whichever is less. The building facing the corridor must be articulated like the building's front, including continuation of the same materials. All homes must carry the design and materials of the front to all sides visible from the street.

Sidewalks (eight-foot width minimum) must be installed with an eight-foot wide landscape strip. Landscape strip must be planted with grass and groundcovers. Street trees must also be planted, but varieties and spacing must reflect existing conditions—use similar species and place trees to continue existing appearance (do not introduce formal structure into an informal area, etc.)

Deceleration/acceleration lanes are discouraged—use only where required.

Corridor 2.

New developments in Corridor 2 have a building setback maximum of ninety-five (95) feet. One double-loaded bay of parking is allowed in front, behind a twenty-foot wide landscape strip. Direct pedestrian access from the public sidewalk is required, with clear sidewalk connections across drives and parking delineated with changes in color, texture, striping or other materials. Connections with adjacent parcels are also required—both auto/parking and pedestrian.

There must be no more than ten (10) parking spaces in a row between tree/landscape islands. These islands must have a minimum of two hundred twenty (220) square feet of pervious area for landscaping.

Curb cuts must be at least one hundred twenty-five (125) feet apart, and shared entrances are recommended to minimize the number of curb cuts.

Site Concept Example for: Corridor 2

Streets and sidewalks—Gateways 1 and 2.

The Gateway areas represent the opportunity to create a positive first impression on all visitors. Developments in these areas must take advantage of this opportunity to represent the community in a positive way.

Because of the proximity to I-285, these buildings should be multi-story, with prominent architectural features. Only one (1) double loaded bay of parking is allowed between the building and any right-of-way. Landscape strips must buffer view of parking from the right-of-way.

No more than ten (10) parking spaces may be in a row before a tree/landscape island with at least two hundred twenty (220) square feet of pervious area. See landscaping section for tree requirements.

Outdoor lighting and furnishings.

[Generally.] Streetlights shall be provided where required by DeKalb County using fixtures specified in Table 2. In addition, all streets and parking lots shall have lighting designed to provide adequate lighting levels for pedestrians and bicyclists as well as for automobiles. Street lighting fixtures shall meet the specifications indicated in Table 2 and images below. Pedestrian lighting within the right-of-way shall be mounted on fourteen-foot poles. Light fixtures shall be LED luminaires.

Table 1: Outdoor Lighting Specifications—all fixtures and poles shall be permanent black.

Location	Type (or equal) and Spacing
Street Light	Fixture type—Holophane Tear Drop LED
	Pole Type—fluted cast aluminum
	Spacing—75 ft
Pedestrian Light	Fixture type—Holophane GranVille II LED
	Pole Type—Fluted Cast Aluminum
	Spacing—30 ft
Parking Lot Light	Fixture Type—Gardco—CAL Form Ten Round LED
	Pole Type—Smooth Cast Aluminum—to meet spec.

Light levels of 1.5 foot candles are recommended for parking areas and four (4) foot candles at vehicular drives, entrances and pedestrian and bicycle ways.

All lighting other than street and pedestrian lighting shall have 'dark sky' design - there shall be no spillover from the fixture onto surrounding properties (including the street). All lights and poles shall have a permanent black finish.

Ground mounted floodlights shall be screened with planting and shields so light source is not visible. The use of flashing, rotating or oscillating lighting is prohibited if visible from outside the buildings. After hours security lighting shall equal at least twenty-five (25) percent of the normal parking lot lighting level.

Street furniture. Sidewalks, plazas, parks, trails and other public spaces may contain outdoor furniture such as benches, trash receptacles, bicycle racks and other similar appurtenances. Acceptable street furniture designs are illustrated below. Similar designs may be acceptable if approved by the director of planning and sustainability, provided they are similar in appearance, and meet the following specifications for construction:

Color	Black
Coating/Finishing	Steel shotblasted, etched, phosphatized, preheated and electrostatically powered
Metal Size	Cast ends; ½ × 1½″ steel slats
Connections	Welds ground and polished to form continuous surface
Method of Attachment	Bolted to pavement

Transit stops. MARTA bus service is provided on certain streets within the overlay district. Bus stops must be located within the public right-of-way as determined by MARTA with approval of the director of planning and sustainability. Transit stops shall provide adequate lighting and at least forty (40) square feet of concrete pavement accessed by ADA accessible sidewalks. Transit stops must be landscaped (a minimum of two (2) shade or ornamental trees and ten (10) shrubs) and have at least one (1) bench and one (1) trash receptacle. Shelters shall be as shown at right - without advertising panel where possible.

Wood fences shall be constructed with quality wood products. Both sides shall be equally attractive, they must be of #2 or better pressure treated pine, cedar or redwood. Posts must be firmly anchored. They must then be painted or stained and sealed.

Decorative fences (similar to designs shown) of coated metal or painted wood (with masonry posts) are allowed in all tiers, and recommended as architectural elements.

Masonry walls (or masonry combined with decorative metal inserts as shown) are allowed in all tiers. Walls may be decorative or used for screening purposes.

Chain-link fencing (with or without slat inserts) is not allowed in any tier where it is visible from the public right-of-way. In Tiers 2 and 4, black vinyl coated chain link is allowable, but landscaping must be installed that will screen the fence within 5 years.

Architectural design and massing.

Building orientation.

Where development is on a primary or secondary street and also across the street from existing single-family homes which face the street, buildings along the primary or secondary street shall face the existing single-family development.

Service and delivery doors, loading docks, service areas, trash dumpsters, trash compaction and all other mechanical areas and equipment shall be screened from view from all streets and public rights-of-way. Screening shall include landscaping, or architectural treatment or color similar to the building to screen the equipment. Rear, unadorned walls shall not be visible from the public right-of-way.

Tier	Min. Front Setback (from ROW)	Building Height	Misc	Parking
Tier 1	20′—80′ on Bouldercrest; Zero on other streets	Min. 2 stories Max 5 stories/60′ ht		Max 30% visible from street
Tier 2	20′—80′	Max 8 stories/100′ ht		One double bay allowed in front
Tier 3	Zero w/on-street pkg	Max 3 stories/40′ ht		Max 30% visible from street
Tier 4	20′—80′	Max 4 stories/50′ ht		One double bay allowed in front
Tier 4a	20′—80′	Max 2 stories/40′ ht	15′ rear buffer (screen) along power easement	One double bay allowed in front
Tier 5	As per zoning	Max 3 stories/40′ ht	Infill homes must match size and quality of existing homes	N/A

Building setbacks, etc.

All building heights are to be measured from the finished sidewalk to the top of cornice for flat-roofed buildings or the bottom of the eave for sloped roofed buildings along the façade that faces the street with the highest volume of daily traffic. Levels measuring less than six (6) feet in height for the purposes of raising the first floor level above the street level, providing a consistent first floor level, or for the sole purpose of housing mechanical, plumbing or electrical equipment shall not be counted as stories for the purposes of maximum building heights.

Where a non-single-family development on the external boundary of the BCGM Overlay District adjoins the boundary of any property outside the district, or where non-single-family developments back up to existing single-family uses, a transitional buffer of not less than thirty (30) feet in width shall be provided and maintained in a natural state (if it provides an effective buffer/screen) or planted to create an effective visual screen. No paving or impervious surface shall be allowed for parking, loading, storage or any other use. Portions of the buffer zone may be used for installation of utilities when necessary. Water detention ponds shall not be located within the transitional buffer zones. No trees, other than dead or diseased trees, shall be removed from said transitional buffer zone, but additional trees and plant material may be added to the transitional buffer zone.

All buildings within Tier 1 shall be a minimum of two (2) stories tall and twenty-eight (28) feet in height. The maximum building height for buildings in Tier 1 shall be four (4) stories or forty-eight (48) feet whichever is less, in Tier 2 shall be eight (8) stories or one hundred (100) feet, in Tiers 3 and 5 shall be three (3) stories or thirty-six (36) feet in height. In Tier 4 the maximum building height shall be three (3) stories or fifty (50) feet, and in sub-area 4a, the maximum height shall be two (2) stories or thirty (30) feet, whichever is less. Single-family attached townhomes or live/work units in Tiers 1 and 3 shall not exceed three (3) stories or thirty-five (35) feet, whichever is less.

Building massing.

Street fronting building façades greater than one hundred thirty (130) feet in length shall be modulated with breaks in wall surfaces, materials and rooflines at intervals not to exceed one hundred (100) feet, measured parallel to the street.

The size of leased commercial space shall vary within each development to allow for a diversity of tenants.

The primary entrance for all upper story uses shall be clearly visible from the street and shall face the street. If a building fronts more than one (1) street, the primary entrance should face the street with the highest classification.

Building façades and fenestration.

For the purposes of this document, fenestration includes all glazed surfaces, including (but not limited to) storefront windows, display windows and doors containing glazed panels at least four (4) feet in height. Fenestration shall not utilize painted glass, reflective glass or other similarly treated or opaque windows. Entrances may be counted towards fenestration requirements.

All fenestrations shall:

Begin at a point not more than three feet above the sidewalk, to a height no less than ten feet above the sidewalk, or

ii.

Begin at the finished floor elevation to a height no less than ten (10) feet above the finished floor elevation when the finished floor elevation is three (3) or more feet above the sidewalk, or

iii.

Begin at a point no more than sidewalk level, to a height no less than ten (10) feet above the finished floor elevation when the finished floor elevation is below the sidewalk.

Building façades should promote architectural and visual interest. A minimum of thirty-five (35) percent of any façade facing a public street shall consist of openings including windows and doorways. For buildings that front two (2) or more streets, said minimum percentage is only required along one (1) such street frontage. On other street frontage sides, the requirement shall be thirty (30) percent. The length of façade without intervening fenestration or entryway shall not exceed thirty (30) feet.

A minimum of seventy-five (75) percent of the ground floor façade of non-residential, multi-user buildings shall be glass that is clear or tinted only so that at least seventy (70) percent of light filters through the window.

These buildings do not meet the requirements for fenestrations, architectural interest, etc.

Canopies over retail and commercial entrances and/or windows shall be mounted at a single consistent height for each building. Canvas awnings are not permitted.

For buildings taller than two stories, floors shall be delineated above the first or second story and shall be executed through windows, belt courses, cornice lines, setback or similar architectural detailing.



These buildings illustrate successful methods of delineation to create visual interest.

Townhomes and live/work units.

Ground-floor residential units that face the street shall have individual entrances with a stoop or porch between the sidewalk and the building façade. A sidewalk shall connect all ground floor entrances to the public sidewalk.

ii.

All townhome parking shall be hidden behind or within individual units. Access to parking is permitted only via an alley or private drive located behind the units. Garages may not face the public street.

iii.

Townhomes shall be set back between five (5) and fifteen (15) feet from the back of the sidewalk. Setbacks for individual units may vary within a single block of townhomes to break up the façade and delineate individual units. This area between the sidewalk and the building façade shall contain only steps, front porches or stoops, balconies, or landscaping. The front entrance of each townhome unit shall be a maximum of four (4) feet above the grade of the fronting sidewalk.

iv.

The front entrance to each live/work unit shall be at grade opening directly onto the public sidewalk or a public space adjacent to the public sidewalk. Entrances shall be at grade opening directly onto the public sidewalk or a public space adjacent to the public sidewalk.

Roof design.

Gable roof designs (minimum 6/12 pitch) are preferred for all multi-family and single-family attached residential buildings with overhangs of at least twenty-four (24) inches on all sides. They shall not exceed one hundred (100) feet in length without a change in plane.

Flat roofs shall have decorative and/or corbelled parapets on all sides visible from the public right-of-way and drain to internal roof drains and/or the rear of the structure, limiting downspouts on façades along primary and secondary streets. Simple barrel vaults or roofs are allowable. Mansard, gambrel, and shed roofs are prohibited.

Roof mounted mechanical equipment and appurtenances shall be located or screened so that they are not visible from the ground level. Screening shall be of a material and design that is compatible with the surrounding building materials and architectural design. Rooftop appurtenances shall be painted to be compatible with the colors of the roof.

Roof mounted radio, TV and telecommunications towers and antennae are prohibited, except when approved by the commission and located in Tiers 2 and 4. Satellite dishes twenty-four (24) inches or less in diameter are permitted provided they are located out of sight from the ground level or surrounding properties.

The following roof materials are preferred: fiberglass architectural profile shingles; Solar shingles used with fiberglass or asphalt shingles; slate shingles; clay or concrete tile; standing seam metal (dark green or earth tone only - must be approved by planning director).

Building materials - at least eighty (80) percent of the façades visible from the public right-of-way shall be brick, steel, glass, decorative concrete, masonry, hard-coat stucco or high quality finished metal panels (not corrugated).

The following materials are prohibited for exterior walls and parapets:

Masonite or particle board; vinyl or plastic; basic concrete masonry units - ribbed, rusticated or custom fabricated units are allowed where pattern/texture is integral to the building design; corrugated metal;

ii.

The images below represent the type of design that the BCGM community finds appropriate. The designs are examples of development that meet the objectives of improving the quality of life, stimulating economic investment and creating a positive business environment.

Architectural design and massing—Tiers 2 and 4.

Industrial buildings have needs different than typical commercial and mixed-use buildings. Requirements for massing, fenestrations and detailing described earlier are recommended for consideration, but may be treated as suggestions in Tiers 2 and 4. Building design will determined by the industrial needs, but building materials specified elsewhere still apply here. Creative design and use of materials are encouraged to create a leading-edge environment and foster a new generation of high quality growth.

Building entrances must be visible from the street entrance, and visitor parking must be clearly marked. Service and parking must be screened from street view—only one (1) double loaded bay of parking is allowed in front of the building, behind a landscape zone, minimum ten (10) feet wide (see pg. 27).

These photographs are examples of how these standards can translate into future building design. Variation in textures and fenestration are encouraged.

Architectural design and massing—Residential.

Off-street parking and landscaping.

Off-street parking lots.

Pedestrian access shall be provided from parking behind buildings to the public sidewalk through the ground floor of the building or via sidewalks between buildings.

Off-street parking lots shall be provided to satisfy the minimum parking requirements of chapter 27 and the BCGM Overlay District. Off-street parking lots shall be designed with interconnecting driveways and parking areas to encourage shared use with adjacent parcels and minimize the number of curb cuts. Joint access driveways and continuous access drives behind or between multiple parcels is encouraged to provide continuous inter-parcel access and less the need to re-enter public streets to make short trips. The satisfaction of minimum parking requirements with shared parking shall be subject to approval by the DeKalb County Planning Director based on a shared parking analysis performed to the Guidelines of the Institute for Transportation Engineers.

Site Concept Example for:
Tiers 1 and 3: Bouldercrest Road Frontage
Tier 2: all

Shared parking is encouraged and may result in permitted reductions of off-street parking requirements. Parking facilities within the parcel may be shared if multiple uses cooperatively establish and operate parking facilities and if these uses generate parking demands primarily when the remaining uses are not in operation, so that the above stated off-street parking requirements for each use are met during said use's operational hours. Applicants shall make an application to the director of planning for authorization for shared parking. Applicants shall include proof of a written formal shared-parking agreement between all applicants. Required parking for residential units shall be prohibited from being shared. Required residential parking shall be segregated from parking for all other uses with the exception of additional parking provided for live/work single-family units.

Off-street parking lots shall be designed to minimize the view of parking from adjacent streets and sidewalks. No more than thirty (30) percent of the required parking spaces for a parcel may be located in the front yards. Off-street parking lots shall be separated from abutting streets by landscape zones (minimum ten (10) feet wide) and sidewalks. Landscape zones may be broken by perpendicular access drives and pedestrian walkways or sidewalks. Plant materials shall be selected from the approved plant list in the appendix unless otherwise approved by the arborist.

Off-street parking lots shall be designed to provide for safe and continuous passage of pedestrians between parking bays and building entrances, and between adjacent parking areas and buildings. Landscape zones at the perimeter of off-street parking lots shall provide for safe and convenient crossing by vehicles and pedestrians. Pedestrian pathways in parking lots and pedestrian ways that cross vehicular aisles in parking lots shall be appropriately identified as crosswalks.

Surface parking provided to the side of any building along a public street shall be designated for short-term (no longer than two (2) hours) parking and must be buffered from the public street and sidewalk with a landscape zone no less than ten (10) feet in width containing a minimum of ninety (90) percent living shrubs, groundcover, sod and/or annual or perennial color in the landscape strip surface area.

Above: acceptable design of a parking structure.

Below: not acceptable design of a parking structure.

Wheel stops or bumpers shall be placed at the head of all parking spaces that abut a landscape strip or sidewalk.

All surface parking lots of twenty (20) parking spaces or more must include landscaping in the form of shade trees within the confines of the surface parking lot. One (1) shade tree must be provided for every eight (8) parking spaces. No more than ten (10) parking spaces may be in a row without a landscape island with a shade tree. Shade trees must be a minimum of 3.5 inches in caliper measured twelve (12) inches above ground, shall be a minimum of sixteen (16) feet in height, shall have a minimum mature height of thirty (30) feet and shall be limbed up to a minimum height of eight (8) feet. Each tree must be surrounded by a minimum of two hundred twenty (220) square feet of pervious soil area.

Any portion of a parking deck that is adjacent to a public street shall be screened with retail on the ground-floor. Any upper stories of a parking deck that are visible from a public street shall be clad with materials to resemble office or residential buildings with fenestration.

Landscaping.

Planting design should reflect and enhance the natural surroundings of each site as well as the design objectives of the building. Existing trees and native groundcover should be preserved wherever possible and integrated into the overall landscape design. Existing plant materials that are to be retained shall be clearly designated on the landscape plans. The root zones and tree canopies of retained plant materials shall be adequately protected from damage or destruction during construction using suitable barricades or fencing using methods and locations specified in the DeKalb County Tree Ordinance or as approved by the DeKalb County Arborist. Newly planted trees, shrubs and ground-cover materials used in landscaped areas shall be selected from the approved plant list in the appendix unless otherwise approved by the arborist.

Plant materials shall be of a size, species and variety specified in the approved plant list in the appendix unless otherwise approved by the arborist.

Street trees must be a minimum of three and one-half-inch caliper and help articulate the pedestrian and vehicular circulation systems. Except for perpendicular crossings of driveways and utility easements, street trees shall be planted in the landscape zone or strip with a spacing as noted in [section] 3.39.6 of the chapter. Street trees shall not be placed closer than eight (8) feet from a building, driveway, light standard, sign standard, fire hydrant or other permanent structure.

Street trees shall have a minimum pervious area of two hundred twenty (220) square feet. Tree planting areas must be at least one hundred (100 )square feet, with the balance provided with structural soil under surrounding pavements for future root growth.

Street tree species shall be consistent for an entire block length. Similar species shall be permitted to change on individual block faces only when approved by the director of planning.

Evergreen groundcover planting shall be used on all slopes steeper than two (2) to one (1) to aid in erosion control. Landscape planting and irrigation plans must be prepared by a landscape architect registered in the State of Georgia for each application for a land disturbance permit.

Transitional buffer zone - where the transitional buffer zone is well vegetated and provides an adequate visual screen at eye level, it shall be undisturbed. Otherwise, the transitional buffer zone shall be either planted with double staggered rows of approved evergreen trees and shrubbery to form a dense visual screen or the existing vegetation shall be enhanced with native and naturalized plant materials adequate to provide an effective visual screen at eye level from adjacent properties. However, transitional buffer zones may be interrupted where necessary for perpendicular crossings of streets, fences, driveways, utilities and trails, bikeways or pedestrian ways. All such interruptions must be approved by the planning director.

Parking lot landscaping - the total length of all parking areas facing a street shall be separated from the street by a landscape zone (minimum ten (10) feet), including evergreen shrubbery eighteen (18) inches to thirty-six (36) inches high. Planting islands shall be located so that no more than ten (10) parking spaces are in a row before a landscaped island. Each landscaped island must be at least ten (10) feet (back of curb to back of curb), it must contain one (1) shade tree per single row of parking and there must be at least two hundred twenty (220) square feet of permeable area for each tree. Each tree must be at least three and one-half-inch caliper in size and meet #1 standards. The soil in these islands must be properly prepared to eliminate heavy clays, provide proper drainage and adequate topsoil for proper growth.

Automated irrigation is recommended for all landscape areas. If irrigation is not to be installed, precautions must be taken to insure plant health:

Plant selection must include drought tolerant plants as approved by the DeKalb arborist.

ii.

Additional organic matter and moisture holding materials shall be incorporated into the soil prior to planting.

iii.

Tree and planting pits must be at least three (3) times the size of the root ball and be backfilled with topsoil and organic matter.

iv.

Gator bags and/or other watering methods must be employed on all trees for at least twelve (12) months after planting to help survivability.

All trees not thriving after ten (10) months must be replaced and given another ten-month warranty for replacement.

Signs—Freestanding and building mounted.

Purpose. The following guidelines are intended to advance the governmental purposes of the protecting public safety by minimizing distraction to motorists and improving aesthetics of the BCGM Overlay District by:

Providing a more consistent pattern and appearance for signs and street graphics than would otherwise result from existing sign guidelines;

Establishing signage as a design element that contributes a sense of place to the BCGM Overlay District;

Generating varied and creative tenant signage through application of distinctive design;

Reducing the prominence of signage and balancing commercial and aesthetic interests;

Providing the requirement for clear plans and drawings for signs in order to facilitate the review and approval process.

Authority. These guidelines apply only to the time, place and manner of sign display by guiding the elements of design, size number, height and compatibility of signs with an aesthetical appeal contributing to the sense of community within the overlay district. Nothing in these guidelines is intended to regulate the content of sign graphics or limit the free expression of speech guaranteed under the First Amendment of the Constitution of the United States of America. Except where otherwise lawful, it shall be unlawful for any person to post, display material change, or erect a sign in the county without first having obtained a sign permit from DeKalb County.

All signs shall be designed, erected, inspected, altered, reconstructed, illuminated, located, moved and/or maintained in accordance with these design guidelines and all other applicable codes and ordinances of DeKalb County, the State of Georgia and the United States of America.

No sign may be installed, reconstructed, illuminated or moved that varies from the BCGM Overlay District and underlying chapter 21, DeKalb County Sign Code without approval of a variance by the DeKalb County Board of Appeals.

Sign characteristics.

Freestanding identification ground signs shall be monument type constructed with a brick or stone base. No pole signs are allowed except low grade directional type signs not to exceed three (3) feet in height.

The base around the sign structure shall be landscaped with low level shrubs and flowering plants. Freestanding sign structures' base materials shall match the principle building materials. Architectural sign colors allowed shall apply to the sign structure, not sign face.

Authorized signs. The following signs are authorized within the Bouldercrest-Cedar Grove-Moreland Overlay District and shall be permitted upon the issuance of a valid sign permit issued by DeKalb County:

Single-tenant development signs. The following sign standards apply to all parcels that have a single tenant or occupant, including, but not limited to commercial, retail, services, office, office-distribution, wholesale, hotel, office, financial, or multi-family uses.

Monument sign. Each parcel or building with a single tenant or multi-family residential tenants shall be permitted to use one (1) monument sign per public street frontage, not to exceed a total of two (2). Signs shall be subject to the following:

Only one (1) sign placard is allowed per sign face - maximum seventy (70) percent of sign structure, which shall not exceed thirty-two (32) square feet or eight (8) feet in height.

ii.

Sign may be single-faced or double-faced.

iii.

In Tiers 3 and 5, monument signs shall be only externally illuminated with light fixtures directed downward and away from the street or driveway so as not to create glare for pedestrians or drivers.

A single tenant building with more than fifty thousand (50,000) square feet of space or occupying a site larger than ten (10) acres may use a monument sign not to exceed eight (8) feet in height and forty-eight (48) square feet. Sign area may not exceed seventy (70) percent of the sign structure.

Each separate business front façade with an external public entrance may have a maximum of one wall sign which shall not exceed an area of five (5) percent of the area of the façade of the ground floor of the building or seventy-five (75) square feet, whichever is less. Interior tenant space within a business of at least fifty thousand (50,000) square feet may have an additional wall sign area not to exceed a total of five (5) percent of the area of the façade of the ground floor of the building or sixty-four (64) square feet, whichever is less.

Multiple-tenant buildings and parcels. The following sign standards apply to all parcels that have more than one (1) non-residential tenant or occupant, including, but not limited to commercial, retail, services, office, office-distribution, wholesale, hotel, office, or financial tenants:

Monument sign. Each parcel or development with more than one (1) non-residential tenant shall be permitted one (1) freestanding multi-tenant monument sign per public street frontage, not to exceed a total of three (3). Signs shall meet the following:

(a)

No more than eight (8) sign placards shall be used per side of the monument sign.

(b)

Sign may be single-faced or double-faced.

(c)

Each lot or development with multiple tenants shall be permitted one monument sign per public street frontage. For developments with less than one hundred fifty thousand (150,000) square feet of space for sale or lease, the sign shall not exceed forty-eight (48) square feet and the sign structure shall not exceed ten (10) feet in height.

(d)

Each lot or development with multiple tenants with more than 150,000 square feet of space for sale or lease shall be permitted two (2) monument signs. A primary monument sign shall not exceed sixty-four (64) square feet per side and the sign structure shall not exceed ten (10) feet in height. A secondary monument sign shall not exceed thirty-two (32) square feet per side and a maximum height of six (6) feet. The sign area shall not exceed seventy (70) percent of the total surface area of the monument sign structure.

(e)

A tenant that has over fifty thousand (50,000) square feet of gross floor space and has independent leased space within a shopping center shall be allowed wall signs not to exceed five (5) percent of the applicable wall area or three hundred (300) square feet, whichever is smaller.

Miscellaneous signs.

Menu sign. One sign oriented toward the drive-thru lane, and not legible from the public right-of-way, such sign not to exceed six (6) feet in height.

ii.

Banner. Banners shall be allowed for a period not exceeding fourteen (14) days with no more than three (3) such fourteen-day periods being permitted per calendar year per lot. In the case of lots which contain multiple businesses, each business shall be allowed a banner. Banners shall not be more than thirty-two (32) square feet. No banner shall be mounted so as to extend above the horizontal plane of the roof where the building wall and roof meet, or shall not extend more than five (5) feet above grade when on the ground.

iii.

Flags. Each lot may display no more than three (3) flags and/or flagpoles. Flagpoles shall not exceed sixty (60) feet in height. Flag size shall not be more than fifty (50) square feet.

iv.

Suspended signs. In a multi-tenant commercial or office building, In addition to all other permitted signs, one (1) suspended non-illuminated sign per entrance used shall be allowed. Suspended signs shall adhere to the following: not exceed three (3) square feet in area; be uniform in size, material, color and shape and is placed in an equivalent location to other such signs located on the same building; be suspended from the eave or soffit of the building; and maintain a minimum of seven (7) feet clearance between the bottom of the sign and the walkway below.

Window signs. Window signs are allowed without a permit and shall not occupy in the aggregate more than twenty-five (25) percent of the window area.

vi.

Awning/canopy signs. Awning/canopy signs may be displayed. A permit is required. The signs shall be deducted from allocated wall sign area. The area of the sign shall not exceed ten (10) percent of the area of the awning or canopy. The area of an awning/canopy sign shall be deducted from the allowable area of a wall sign.

Prohibited signs. The following types of signs are prohibited:

Motorist distractions. Signs that incorporate flashing lights or beacons, highly reflective materials, rotating graphics, motion, smoke or visible matter, noise or changeable copy (copy that changes at intervals of more than once every six (6) seconds) are prohibited.

ii.

Roof signs. Signs that are placed on or above roofs, penthouses, mechanical equipment screens, and other like structures and any signs that extend above the building parapet or roof fascia line.

Signs—Freestanding and building mounted—Prohibited.

Signs and buildings with intense colors or changeable letters are not allowed. Multiple signs, temporary signs (as below) and signs with interchangeable letters are not allowed. Below are a few examples, but this is not an exhaustive list.

Signs—Neighborhood.

RECOMMENDED PLANT LIST

STREET TREES
BOTANICAL NAME	COMMON NAME	SIZE	NOTES
ACER RUBRUM 'OCTOBER GLORY'	OCTOBER GLORY RED MAPLE	3—3½″ C	STD
LIRIODENDRON TULIPIFERA	TULP POPLAR	3—3½″ C	STD
NYSSA SYLVATICA	BLACK GUM	3—3½″ C	STD
QUERCUS NUTTALI	NUTTAL OAK	3—3½″ C	STD
QUERCUS PHELLOS	WILLOW OAK	3—3½″ C	STD
ULMUS AMERICANA 'PRINCETON'	PRINCETON AMERICAN ELM	3—3½″ C	STD
SMALL TREES
BOTANICAL NAME	COMMON NAME	SIZE	SPACING
ACER BUERGERANUM	TRIDENT MAPLE	2½″ C	STD
ILEX ATTENUATA SAVANNAH	SAVANNAH HOLLY	8—10' HT	3—5 stems
ILEX VOMITORIA 'SHADOW'S FEMALE'	SHADOW'S YAUPON HOLLY	8—10' HT	3—5 stems
LAGERSTROEMIA X 'SARA'S FAVORITE'	SARA'S FAVORITE WHITE CRAPE MYRTLE	8—10' HT	3—5 stems
LAGERSTROEMIA FAUREI 'SIOUX'	SIOUX DARK PINK CRAPE MYRTLE	8—10' HT	3—5 stems
MAGNOLIA VIRGINIANA 'CULLY'	CULLY SWEETBAY MAGNOLIA	8—10' HT	3—5 stems
PRUNUS X YEDOENSIS	YOSHINO CHERRY	8—10' HT	STD
SHRUBS
BOTANICAL NAME	COMMON NAME	SIZE	SPACING
CORTADERIA SELLOWIANA	PAMPAS GRASS	3 GAL	36" OC
CRYPTOMERIA JAPONICA "YOSHINO"	CRYPTOMERIA	4—6' HT	6' OC
CUPRESSOCYPARIS LEYLANDI	LEYLAND CYPRESS	4—6' HT	6' OC
DAPHNIPHYLLUM MACROPODUM	DAPHNIPHYLLUM	3 GAL	36" OC
EUONYMUS ALATUS	BURNING BUSH	24"	36" OC
FOTHERGILLA MAJOR "MOUNT AIRY"	MOUNT AIRY FOTHERGILLA	3 GAL	36" OC
HYDRANGEA PANICULATA 'TARDIVA'	TARVIDA HYDRANGEA	5 GAL	36" OC
ILEX ATTENUATA 'SAVANNAH'	SAVANNAH HOLLY	4—6' HT	6' OC
ILEX CORNUTA 'BURFORDII NANA'	DWARF BURFORD HOLLY	3 GAL	36" OC
ILEX CORNUTA CARISSA	CARISSA HOLLY	3 GAL	36" OC
ILEX CRENATA 'GREEN LUSTRE'	GREEN LUSTRE HOLLY	3 GAL	36" OC
ILEX VOMITORIA PENDULA	WEEPING YAUPON HOLLY	4—6' HT	6' OC
ILEX VOMITORIA NANA	DWARF YAUPON HOLLY	3 GAL	36" OC
ILX X EMILY BRUNER	EMILY BRUNER HOLLY	7 GAL	6' OC
ILEX X 'MARY NELL'	MARY NELL HOLLY	7 GAL	6' OC
ILEX X 'NELLIE R. STEVENS'	NELLIE STEVENS HOLLY	7 GAL	6' OC
ILEX X NEEDLEPOINT	NEEDLEPOINT HOLLY	3 GAL	36" OC
ILLICIUM PARVIFOLIUM	ANISE	3 GAL	36" OC
JUNIPERUS PFITZERIANA	PFITZER JUNIPER	3 GAL	36" OC
LIGUSTRUM JAPONICUM RECURVIFOLIUM	CURVE LEAF LIGUSTRUM	3 GAL	36" OC
AGARISTA POPUFOLIA	DOGHOBBLE	3 GAL	36" OC
LOROPETALUM CHINENSE RUBRUM 'RUBY'	RUBY LOROPETALUM	5 GAL	36" OC
MAHONIA BEALEI	LEATHERLEAF MAHONIA	3 GAL	3—5 stems
MISCANTHUS SINENSIS 'GRACILLIMUS'	GRACILLIMUS MAIDENGRASS	3 GAL	36" OC
ROSA X 'KNOCKOUT'	KNOCKOUT ROSE	3 GAL	36" OC
RAPHIOLEPIS INDICA	INDIAN HAWTHORNE	3 GAL	36" OC
TERNSTROEMIA GYMNANTHERA 'PHYLLIS ANN'	PHYLLIS ANN CLEYERA	5 GAL	36" OC
VIBURNUM PLICATUM TOMENTOSUM 'SHASTA'	SHASTA DOUBLEFILE VIBURNUM	5 GAL	36" OC
VITEX AGNUS-CASTUS	CHASTE TREE	5 GAL	6' OC
GROUNDCOVERS
BOTANICAL NAME	COMMON NAME	SIZE	SPACING
HEMEROCALLIS "HAPPY RETURNS"	HAPPY RETURNS DAY LILY	1 GAL	18" OC
JUNIPERUS CHINENSIS 'PARSONII'	PARSON'S JUNIPER	2 GAL	30" OC
JUNIPERUS CHINENSIS 'SARGENTII'	SARGENT'S JUNIPER	2 GAL	30" OC
LANTANA CAMARA 'MISS HUFF'	MISS HUFF LANTANA	QT	18" OC
LANTANA CAMARA 'NEW GOLD'	NEW GOLD LANTANA	QT	18" OC
LIRIOPE MUSCARI 'BIG BLUE'	LILY TURF	4" POT	12" OC
LIRIOPE MUSCARI 'ROYAL PURPLE'	ROYAL PURPLE LILYTURF	4" POT	12" OC
OPHIOPOGON JAPONICUM	MONDO GRASS	4" POT	12" OC

NOTE: Street trees may only be selected from this list - Genus, species and variety. Any variation from this must be approved by the DeKalb County Arborist. In order to substitute, it must be proven that these plants are not available.

(Ord. No. 15-06, 8-25-2015)

27-3.41 DIVISION 41. - COVINGTON AND INDIAN CREEK DISTRICTS[3]

Footnotes:

--- (3) ---

Editor's note— An ordinance adopted May 28, 2020, Pt. I, changed the title of Div. 41 from "Kensington-Memorial Drive Overlay District" to read as herein set out.

Sec. 3.1.1.- Overlay districts generally.

Overlay districts are supplemental to the zoning district classifications established in article 2 of this chapter. This section shall supersede the applicability statements in each overlay district, and are applicable as follows:

All development and building permits for lots located, in whole or in part, within any overlay district shall meet all of the regulations of the underlying zoning district in which they are located as well as all of the regulations of the applicable overlay district.

For new development after the effective date of this chapter, when no complete application for a land disturbance or building permit has been filed with respect to a property located within an overlay district and the property has conditions of zoning that were approved prior to, and in conflict with the overlay district regulations contained in this article, the overlay district regulations shall prevail. If a condition of zoning does not conflict with the overlay district regulations, the condition of zoning shall remain applicable to the property.

For existing development, if overlay district regulations conflict with the conditions of zoning applicable to property within in an overlay district, the existing zoning conditions remain applicable to the property.

If a use is permitted in the overlay district, but the underlying zoning requires a special land use permit for the same use, the overlay shall govern, and no special land use permit is required.

If overlay district regulations conflict with other regulations contained in this chapter, the overlay district regulations shall prevail.

The use of property may be permitted without rezoning if listed as allowed by the overlay. Uses allowed by the underlying zoning in article 4, may also be permitted in the overlay district, unless it is listed as prohibited or if the zoning district is not applicable in the overlay.

Each application for a business license, land disturbance permit, building permit or sign permit, which involves the development, use, exterior alteration, exterior modification or addition of any structure, must demonstrate compliance with all overlay district regulations, subject to article 8, nonconforming uses, structures and buildings.

The zoning district designations contained in article 3, titled Overlay District Regulations, were not revised to reflect the new zoning district designations utilized in the updated zoning ordinance effective June 1, 2015. The discontinued zoning district references contained in this article 3 shall therefore be construed using the conversion chart contained in Table 1.1 of article 1 of the zoning ordinance effective June 1, 2015, and applied as appropriate to the updated provision of the zoning ordinance.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.1.2. - Purpose and intent.

Each Subarea Overlay has its own purpose and intent based on original overlay requirements.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.1.3. - Plan submittal, review and approval (certificate of compliance—See Emory Village for additional requirements associated with historic preservation).

Pre-submittal conference. Prior to the submittal for review of a land disturbance or building permit application for property located within an overlay district, the applicant and the staff shall have a preliminary meeting to discuss the submittal requirements.

Conceptual plan submittal requirements. As part of any land-disturbance permit, building permit, or sign permit application, the applicant shall submit to the director of planning a conceptual plan package and a final design package. Each package must include full architectural and landscape plans and specifications. The submitted plans must include a site plan, architectural elevations and sections; renderings depicting the building design including elevations and architectural details of proposed buildings, exterior materials and colors, and plans and elevations of all hardscape, landscape and signs, all of which shall demonstrate that the proposed design is in compliance with all the requirements of the applicable overlay district and the underlying zoning classification. The director of planning shall provide a copy of the submittals to the district commissioners, at-large commissioners and the citizen stakeholder in whose district or area the property is located for review and comments. If the proposed development is also located in an historic district as designated in the Code, the development shall also comply with the regulations established for the historic district in chapter 13.5 of the Code.

Review by staff. Staff will review the conceptual plans for compliance with specifications and design guidelines contained in this zoning ordinance. If the application fails to comply with any section in this zoning ordinance, the application shall be marked "failed compliance," shall be returned to the applicant with any comments and/or redlines for revisions, and may be re-submitted with corrections addressing the staff's comments and/or redlines for further consideration. Once the application is found to be in compliance, the final design shall be forwarded to the director of planning for approval.

Where the director of planning determines that said plans comply with the requirements of the overlay district, the director of planning shall approve the plans for compliance as part of the application for land disturbance, building or signs permits.

Where the director of planning determines that submitted conceptual plans do not comply with the requirements of this chapter, then the director of planning shall notify the applicant in writing of the manner in which the conceptual plans fail to comply with such requirements. All applications shall be considered and decided by the director of planning within thirty (30) days of receipt of a complete application.

Any appeal to vary overlay district development standards shall be to the zoning board of appeals pursuant to article 7.

Fees. Plans shall be accompanied by an application and payment of a fee in an amount determined by the board of commissioners.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.1.4. - Conceptual plan package review.

The conceptual plan package shall include the following:

A narrative addressing the proposed development explaining how it meets the purpose, intent, and standards of this article. The narrative shall include a tabulation of the approximate number of acres for each different land use type within the project, the approximate number of dwelling units by type, the approximate gross residential density, the approximate commercial density as well as square feet, the common open space acreage, the approximate open space acreage, the anticipated number, type and size of recreational facilities and other public amenities, and the legal mechanism for protecting and maintaining common/public open, as required in article 5;

A site location map showing the proposed development, abutting properties, the access connections of the proposed development to surrounding and existing development, and transitional buffer zones, if required;

A multimodal access plan, prepared at a scale not greater than one inch equals one hundred feet (1"=100'), to demonstrate a unified plan of continuous access to and between all structures in the proposed development and adjacent properties where connections are appropriate. The multimodal access plan shall cover the entire proposed development along with public right-of-way of adjoining streets and any other property lying between the subject property and any primary or secondary streets. Safe and convenient pathways shall be provided from sidewalks along streets to each structure entrance, including pedestrian access routes across parking lots and between adjacent buildings within the same development. Connections to available transportation nodes, such as driveways, sidewalks, and bike paths shall be shown along adjacent streets and those entering adjoining properties. Where an existing or planned public transportation station or stop is within one thousand two hundred fifty (1,250) feet from the nearest boundary of the subject property, the access plan shall show how pedestrians may safely travel from such station or stop to the subject property. Where an existing or planned bike path is located within one thousand five hundred feet (1,500) feet from the nearest boundary of the subject property, the access plan shall show how safe, continuous and convenient bicycle access shall be provided to the subject property.

Two (2) copies of a plan drawn to a designated scale of not less than one inch equals one hundred feet (1"=100'), certified by a professional engineer or land surveyor licensed by the state, presented on a sheet having a maximum size of twenty-four (24) inches by thirty-six (36) inches, and one (1) eight and-one-half (8.5) inches by eleven (11) inches reduction of the plan. A ".pdf" copy of the plan shall be e-mailed to the director of planning for distribution to the district commissioners, at-large commissioners, and citizen stakeholder in whose district or area the property is located for review and comments. If presented on more than one (1) sheet, match lines shall clearly indicate where the several sheets join. Such plan shall contain the following information:

Boundaries of the entire property proposed to be included in the development, with bearings and distances of the perimeter property lines;

Scale and north arrow, with north, to the extent feasible, oriented to the top of the plat and on all supporting graphics;

Location and approximate dimensions in length and width, for landscape strips and required transitional buffers, if any;

Existing topography with a maximum contour interval of five (5) feet and a statement indicating whether it is an air survey or field run;

Delineation of any floodplain designated by the Federal Emergency Management Agency, United States Geological Survey, or DeKalb County;

Delineation of any jurisdictional wetlands as defined by Section 404 of the Federal Clean Water Act;

Approximate delineation of any significant historic or archaeological feature, grave, object or structure marking a place of burial if known, and a statement indicating how the proposed development will impact it;

Delineation of all existing structures and whether they will be retained or demolished;

General location, in conceptual form, of proposed uses, lots, buildings, building types and building entrances;

Height and setback of all existing and proposed buildings and structures;

Location, size and number of all on-street and off-street parking spaces, including a shared parking analysis, if shared parking is proposed;

Identification of site access points and layout, width of right-of-way and paved sections of all internal streets;

Conceptual plans for drainage with approximate location and estimated size of all proposed stormwater management facilities and a statement as to the type of facility proposed;

Development density and lot sizes for each type of use;

Areas to be held in joint ownership, common ownership or control;

Identification of site access points and layout, width of right-of-way and paved sections of all internal streets;

Location of proposed sidewalks and bicycle facilities, trails, recreation areas, parks, and other public or community uses, facilities, or structures on the site;

Conceptual layout of utilities and location of all existing and proposed utility easements having a width of ten (10) feet or more;

Standard details of signs, sidewalks, streetlights, driveways, medians, curbs and gutters, landscaped areas, fencing, street furniture, bicycle lanes, streets, alleys, and other public improvements demonstrating compliance with the design guidelines for the overlay district; and

Seal and signature of the professional preparing the plan.

Two (2) copies of the conceptual building designs including elevation drawings drawn to a scale of not less than one-sixteenth-inch equals one (1) foot showing architectural details of proposed building, exterior materials, all of which demonstrate that the proposed design is in compliance with the Subarea Overlay District in which it is located. Drawings shall be presented on a sheet having a maximum size of twenty-four (24) inches by thirty-six (36) inches, along with one (1) eight and-one-half (8½) inches by eleven (11) inches reduction of each sheet. A ".pdf" copy of the drawings shall be e-mailed to the director of planning or designee for distribution to the district commissioners, at-large commissioners, and the citizen stakeholder in whose district or area the property is located for review and comments. If the drawings are presented on more than one (1) sheet, match lines shall clearly indicate where the several sheets join.

Lighting plan. See article 5.

Traffic study. See article 5.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.1.5. - Final design package.

Upon receiving and addressing the county's comments with respect to the conceptual design package, the applicant must submit the final design package, including color ".pdf" copies, for review and approval. The final design package must contain full architectural and landscape plans, site plan, elevations, section renderings depicting the building design containing elevations and architectural detailing of proposed buildings, exterior materials and color, and plans and elevations of hardscape landscape and signs all of which must demonstrate compliance with overlay district regulations. All items and specifications necessary for obtaining land disturbance and building permits must be submitted with the final design package. The applicant may submit the final design package simultaneously with the land disturbance or building permit application, as applicable.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.1A.1.- Scope of regulations.

This division establishes standards and procedures that apply to any development, use or alteration of any lot, building or structure on any property which is in whole or in part contained within the boundaries of the Kendrick/Osborne Area Overlay district.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.1A.2. - Applicability of regulations.

This division applies to each application for a zoning map amendment and any permit for the development, use, alteration, or modification of any structure where the subject property is in whole or in part contained within the boundaries of the Kendrick/Osborne Area Overlay district.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.1A.3. - Statement of purpose and intent.

The purpose and intent of the board of commissioners in establishing the Kendrick/Osborne Area Overlay district is as follows:

To enhance the long-term economic viability of this portion of DeKalb County by encouraging residential developments with consistent lot widths and street frontage;

To implement the policies and objectives of the DeKalb County Comprehensive Plan;

To protect established residential areas from encroachment of uses which are either incompatible or unduly cause adverse impacts on such communities, and

To protect the health, safety and welfare of the citizens of DeKalb County.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.1A.4. - District boundaries.

The boundaries of the Kendrick/Osborne Area Overlay district shall be established by a zoning map and text amendment adopted pursuant to this chapter which amendment shall be incorporated herein and made a part of this chapter.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.1A.5. - Lot widths, setbacks, and administrative variances.

The following requirements shall apply to all lots and structures in the Kendrick/Osborne Area Overlay district existing prior to the enactment of this division and all lots and structures in the Kendrick/Osborne Area Overlay district that come into existence or are the subject of a zoning map amendment after the enactment of this division:

Lot width: All lots shall have at least fifty (50) feet of frontage as measured along the public street frontage.

Setbacks: The required setbacks shall be as follows:

Front setback: All new construction shall comply with 27-5.2 division 2.

Interior side yard setback: Seven and one-half (7.5) feet.

Rear yard setback: Thirty (30) feet.

Administrative variances: No lots and/or structures in the Kendrick/Osborne Area Overlay district shall be entitled to seek any administrative variances pursuant to section 7.6.5.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.1A.6. - Lot coverage.

The lot coverage of each lot shall not exceed fifty (50) percent.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.2.1.- Scope of regulations.

This division establishes standards and procedures that apply to any development, use, alteration, structure, or natural growth on any lot or portion thereof which is in whole or in part contained within the boundaries of the Airport Compatible Use Overlay District.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.2.2. - Applicability.

This division applies to each application for a permit for the development, use, or alteration of any structure, or natural growth where the subject property is in whole or in part contained within the boundaries of the Airport Compatible Use Zone Overlay District. The procedures, standards, and criteria apply only to that portion of the subject property within the boundaries of the Airport Compatible Use Zone Overlay District.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.2.3. - Statement of purpose and intent.

The purpose and intent of the board of commissioners in establishing the Airport Compatible Use Zone Overlay District is as follows:

To protect the health, safety, and welfare of persons and the value of property within the vicinity of airfields in DeKalb County;

To provide for the safe and efficient operation of airfields in DeKalb County;

To ensure the safety of flyers using airfields in DeKalb County from hazards to air navigation;

To ensure compatibility between airfields in DeKalb County and surrounding land uses; and

To protect the airfields in DeKalb County from encroachment of incompatible uses, structures, and natural growth.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.2.4. - Airport Compatible Use Overlay Districts established.

To achieve the purpose and intent of this division, all of the land within the boundaries of airfields and within one (1) mile of the runway centerline extended of each instrument runway affected, for a distance of two and five-tenths (2.5) miles from each end of such runway, is declared to be an Airport Compatible Use Zone (ACUZ), divided into three (3) sub-zones as follows:

ACUZ-1: From the end of the runway extending outward in a fan-shape fashion to match the horizontal extent of the approach-departure clearance surface for a distance of three thousand (3,000) feet.

ACUZ-2: From the end of ACUZ-1 to a point two and five-tenths (2.5) miles from the end of the runway, extending in a fan-shaped fashion to match the horizontal extent of the approach-departure clearance surface.

ACUZ-3: All of the ACUZ not included in ACUZ-1 or ACUZ-2.

The boundaries of these zones are drawn on maps and are available for inspection during office hours in the offices of the DeKalb County Planning Department.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.2.5. - Height of buildings and structures.

Except as otherwise provided in this section, no obstructions to air navigation, structure or natural growth, shall be erected, altered, allowed to grow or be maintained in such a height or manner so as to become an obstruction to air navigation.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.2.6. - Use restrictions.

No use may be made of land within the ACUZ that results in an electrical interference with radio communications between the airfield and aircraft; generates airborne smoke or dust into the atmosphere; makes it difficult for flyers to distinguish between airfield lights and other lights; results in glare in the eyes of flyers using the airfield; impairs visibility in the vicinity of the airfield; attracts birds; or otherwise endangers the landing, takeoff, or maneuvering of aircraft.

Within ACUZ-1 no public assembly, restaurant, or educational classroom uses shall be permitted which results in a density of occupation greater than twenty-five (25) persons per acre of land. Other uses may be permitted provided they meet all requirements of this section and have received a special administrative permit from the director of public works. Such application shall be forwarded to the director of the department of aviation of DeKalb County within five (5) days of its receipt by the department of public works. The director of the department of aviation shall return written comments to the department of public works within thirty (30) days of receipt of the application. Said comments shall contain a determination that granting the permit would, or would not, constitute a hazard to air navigation.

Within ACUZ-1, no residential use shall be continued after it has been discontinued for a period of one hundred eighty (180) days unless a special administrative permit is issued by the director of public works. Such application shall be forwarded to the director of the department of aviation within five (5) days of its receipt by the department of public works. The director of the department of aviation shall return written comments to the department of public works within thirty (30) days of receipt of the application.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.2.7. - Permits for certain other future uses.

Within ACUZ-1, no material change shall be made in the use of land, and no structure or natural growth shall be materially erected, altered, planted, or otherwise established, in the ACUZ-1 unless a permit therefore shall have been applied for and granted by the director of public works, subject to review by the director of the department of aviation of DeKalb County, as set forth in section 3.2.6. above. Each such application shall indicate the purpose for which the desired use structure, or natural growth is intended, a boundary survey indicating the location of the property and the location, dimensions, and height above mean sea level of any new or altered structure or natural growth, and a written description of the manner in which it would conform to the regulations prescribed in this section. No such permit shall be granted that would:

Allow the establishment, creation, extension, or maintenance of a use which is inconsistent with the provisions of this section;

Permit a non-conforming use, structure, or natural growth to be made, become higher, or become a greater hazard to air navigation or become less compatible in use than it was on the effective date of this chapter or from the date when application for a permit is made.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.2.8. - Permits for certain other existing uses.

Before any existing use, structure, or natural growth is replaced, replanted, substantially altered, rebuilt, or allowed to become a greater hazard to air navigation within the ACUZ a permit shall be granted by the director of public works, following review and comment from the director of the DeKalb County Department of Aviation. No permit shall be granted that would:

Allow the establishment, creation, extension, or maintenance of or extend a use which is inconsistent with the provisions of this section.

Permit a nonconforming use, structure, or natural growth to be made, become higher, or become a greater hazard to air navigation or become less compatible in use than it was on the effective date of this chapter or from the date when application for permit is made.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.2.9. - Hazard marking and lighting.

In order to carry out the intent and purposes of this section, any permit or variance granted under the provisions of this section may be granted with the condition that the owner of the structure or natural growth in question shall, at his or her own expense, install, operate, and maintain thereon such markers and lights as may be necessary to indicate to aircraft pilots the presence of a hazard to air navigation.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.2.10. - Dimensions of imaginary surfaces.

Dimensions of imaginary surfaces as presented in subpart C of the Code of Federal Regulations (14 CFR), Objects Affecting Navigable Airspace, as amended, are incorporated herein by this reference.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.3.1.- Environmentally sensitive lands; purpose and intent.

The board of commissioners finds that there are land areas within the county within which regulations supplemental to those regulations imposed by the underlying zoning district should be imposed in order to preserve or protect environmental elements unique to said land area. The intent and purpose of the board of commissioners in establishing such environmentally sensitive land overlay regulations is as follows:

To reduce hazards to life and protect structures and uses from damage which may be caused by construction on or use of land which is unsafe or unsuitable for development;

To protect land, public infrastructure and waters of the county from damages caused by improper use or construction on land which has physical, environmental or aesthetic limitations for development;

To maintain and enhance natural land features which are environmentally significant or which constitute a natural resource of importance to the county at large, including especially Arabia Mountain and the valleys, ridges and areas of significant views surrounding said mountain;

To maintain and protect significant and important archaeological resources of the county;

To enhance public access to and enjoyment of the county's streams, creeks, and all other watercourses;

To implement the policies of the comprehensive plan related to the protection and enjoyment of natural resources; and

To identify specific resources so as to enable property owners to execute conservation easements and secure tax and other advantages therefrom.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.3.2. - Creation of overlay zoning districts for environmentally sensitive lands.

To carry out the purposes and provisions of this chapter, Environmentally Sensitive Land Overlay Districts are hereby authorized to be established. Said overlay districts shall be implemented by district regulations particularly tailored to the specific land areas to be protected and shall be accompanied by an official zoning map amendment identifying said land area. Said map amendment and regulations shall be superimposed upon the underlying zoning district classification and shall apply to such land area in addition to the underlying district regulations.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.3.3. - Scope of protection.

Within environmentally sensitive land areas, the board of commissioners may adopt overlay zoning regulations as follows:

To regulate the height of buildings and structures;

To regulate the amount of land permitted to be cleared, graded and improved and to authorize density bonuses and internal and external transfers of development rights so as to protect specified land areas containing significant archaeological or environmental resources;

To protect viewsheds through the imposition of reasonable height and development standards for buildings and structures within such viewsheds;

To encourage and facilitate private or public conservation easements so as to promote the purposes and intent of the district;

To impose limitations on the total amount of impervious surface which is permitted within such overlay zones and limitations on development or uses within such highly sensitive zones; and

To enact other development restrictions or bonuses and incentives which are designed to protect the resources defined in such overlay districts while authorizing reasonable and economically feasible uses of such lands.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.4.1.- Title.

The provisions contained within this division are the regulations of the Arabia Mountain Natural Resource Protection Overlay District.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.4.2. - Purpose and intent.

The purpose and intent of the board of commissioners in establishing the Arabia Mountain Natural Resource Protection Overlay District is as follows:

To provide for the protection of natural resources and of scenic views to and from Arabia Mountain, so as to protect and enhance the public welfare associated with these natural resources and the aesthetic qualities within this area, consistent with the policies of the comprehensive plan, including but not limited to chapters 1 and 8;

To provide for reasonable development within the Arabia Mountain Natural Resource Protection Overlay District while preserving the natural land form and features, trees and tree canopy, and the viewshed to and from Arabia Mountain;

To assure that all activities and authorized uses of land allowed within the Arabia Mountain Natural Resource Protection Overlay District, whether allowed uses or permitted uses, are activities or uses which are designed so as not to detract from or damage the protected natural resources and scenic beauty of this district; and

To encourage and promote the dedication of conservation easements to appropriate public and not-for-profit entities established and authorized to hold easements in perpetuity pursuant to the Georgia Uniform Conservation Act, for the purposes of protecting the habitat of endangered or threatened animal and plant species, providing recreational and educational opportunities, preserving the cultural history of the county, protecting open space within the county, and protecting scenic viewsheds to and from Arabia Mountain.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.4.3. - District boundaries.

The boundaries of the Arabia Mountain Natural Resource Protection Overlay District shall be as may be established by a zoning map amendment adopted pursuant to this chapter which amendment shall be incorporated herein and made a part of this chapter 27.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.4.4. - Applicability of regulations.

This division establishes standards and procedures that apply to development of any lot or portion thereof which is in whole or in part contained within the boundaries of the Arabia Mountain Natural Resource Protection Overlay District. The procedures, standards, and criteria shall apply only to that portion of the subject property within the boundaries of the district.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.4.5. - Principal uses and principal structures.

The principal uses of land and structures which are allowed in the Arabia Mountain Natural Resource Protection Overlay District are as is provided by the applicable underlying zoning district, subject to the limitations and standards contained within this division.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.4.6. - Accessory uses and accessory structures.

The accessory uses of land and structures which are allowed in the Arabia Mountain Natural Resource Protection Overlay District are as is provided by the applicable underlying zoning district, subject to the limitations and standards contained within this division.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.4.7. - Lot coverage.

Lot coverage within the Arabia Mountain Natural Resource Protection Overlay District shall not exceed twenty-five (25) percent of net lot area.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.4.8. - Clearing and grading of lots.

No lot shall be cleared and graded to an extent exceeding thirty-five (35) percent of the net lot area. Said limitation is intended to permit twenty-five (25) percent lot coverage as allowed in section 3.4.7 above, and to permit appropriate slopes from the remaining natural land contours to the finished site grades.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.4.9. - Height limitation.

Except as provided in section 5.2.5, and in subsection B., no building or structure within the Arabia Mountain Natural Resource Protection Overlay District shall exceed a height of thirty-five (35) feet, all other requirements of this chapter notwithstanding.

If the placement of a telecommunications tower or antenna within this overlay district in excess of thirty-five (35) feet in height is mandated by federal law, said tower or antenna, in addition to meeting all other standards and criteria applicable thereto, shall meet the following design requirements:

No portion of any such tower or antenna shall extend a distance of more than ten (10) feet above the top of the tree canopy existing on the lot upon which the tower or antenna is placed. If no tree canopy exists on said lot, then no portion of such tower or antenna shall extend a distance of more than ten (10) feet above the top of the tree canopy closest to such tower or antenna.

All portions of a tower or antenna that extend above the top of the existing mature tree canopy pursuant to subsection B.1., shall consist of an alternative tower structure that is designed and colored in a way that blends said tower or antenna with the closest tree canopy to a degree that renders said tower or antenna indistinguishable from said tree canopy at a distance of two hundred (200) feet measured horizontally from said tower or antenna.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.4.10. - Tree removal and replacement.

No trees other than dead, dangerous or diseased trees shall be removed from any lot except within areas of permissible grading as provided in section 3.4.8 above.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.4.11. - Protection of steep slopes.

No lot or portion of a lot having a grade in excess of fifteen (15) percent shall be altered.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.4.12. - Driveways.

The director of planning is authorized to approve shared driveways for two (2) or more dwellings within the Arabia Mountain Natural Resource Protection Overlay District in order to minimize lot coverage and tree removal within the district.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.4.13. - Recording of conservation easements.

The director of planning shall record, after approval by the law department and the board of commissioners, conservation easements within the Arabia Mountain Natural Resource Protection Overlay District which are made in favor of DeKalb County, Georgia.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.4.14. - Notation of all conservation easements on official zoning maps.

The director of planning shall cause to be noted on the official zoning maps any conservation easements granted within the district to any public or private entity authorized to hold such easements.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.4.15. - Lighting.

No light standard shall be installed that extends above the height of the tree canopy. No lighting element of any kind shall be placed upon any structure so as to extend above the height of the tree canopy. No light spillage of any kind is permitted above said tree canopy except as may be otherwise required by any applicable requirement of federal, state or local law.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.4.16. - Density bonus.

The director of planning is authorized to approve an increase of up to twenty-five (25) percent in housing density within the district for any parcel of land having a single-family residential zoning classification. In making application to the director of planning the applicant shall present a site plan in which required lot coverage limitations are met. The site plan shall further demonstrate that the tree canopy will be preserved and protected. In approving any such plan, the director of planning is authorized to approve gravel or other permeable surface for driveways and parking areas where it is demonstrated that such permeable surface will aid in minimizing damage to the root system of trees and will prevent the impaction of soil under the canopies of trees. It is the intent of these regulations that houses be spread out rather than clustered in the effort to protect and preserve the tree canopy which is essential to the maintenance of the character of the district.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.4.17. - Approval of plats where density bonus permitted.

The director of planning is authorized to record plats in which a density bonus has been approved pursuant to section 3.4.16 above. The approval of any such plat shall be noted on the official zoning map by the director of planning.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.4.18. - Billboards prohibited.

No outdoor general advertising sign shall be permitted within the district.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.5.1.- Scope of regulations.

(Ord. No. 15-06, § 3.5.1, 8-25-2015)

Sec. 3.5.2. - Applicability of regulations.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.5.3. - Statement of purpose and intent.

The purpose and intent of the board of commissioners in establishing the Stonecrest Area Compatible Use Zone Overlay District is as follows:

To preserve, protect and enhance existing and proposed open space networks that are adjacent to or within the Stonecrest Area;

To enhance the long term economic viability of this portion of DeKalb County by encouraging new commercial and residential developments that increase the tax base and provide jobs to the citizens of DeKalb County;

To implement the policies and objectives of the DeKalb County Comprehensive Plan 1985—2015 and the policies and objectives of the design guidelines for the Stonecrest Overlay District;

To establish and maintain a balanced relationship between industrial, commercial, and residential growth to ensure a stable and healthy tax base in DeKalb County;

To provide a balanced distribution of regional and community commercial and mixed-use office centers;

To support high density housing in office and mixed-use centers which have the appropriate location, access, and infrastructure to accommodate it;

To encourage mixed-use developments that meet the goals and objectives of the Atlanta regional commission's smart growth and livable centers initiatives;

To allow flexibility in development standards in order to encourage the design of innovative development projects that set high standards for landscaping, greenspace, urban design, and public amenities;

To encourage an efficient land use and development plan by forming a live-work-play environment that offers employees and residents the opportunity to fulfill their daily activities with minimal use of single-occupant automobiles;

To allow and encourage development densities and land use intensities that are capable of making productive use of alternative transportation modes such as bus transit, rail transit, ridesharing, bicycling and walking;

To focus and encourage formation of a well-designed, pedestrian-friendly activity center with high-density commercial and residential development that increases vitality and choices in living environments for the citizens of DeKalb County;

To protect established residential areas from encroachment of uses which are either incompatible or unduly cause adverse impacts on such communities, and to protect the health, safety and welfare of the citizens of DeKalb County;

To promote uniform and visually aesthetic architectural features which serve to unify the distinctive visual quality of the Stonecrest Area.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.5.4. - District boundaries.

The boundaries of the Stonecrest Area Overlay District shall be divided into five (5) development tiers as follows:

Tier I: High-rise mixed use zone;

Tier II: Mid-rise mixed use zone;

Tier III: Low-rise mixed use zone;

Tier IV: Transitional mixed use zone; and

Tier V: Cluster/village mixed use zone.

The boundaries of the Stonecrest Area Overlay District composed of Tiers I, II, III, IV and V shall be established by a zoning map amendment dated November 1, 2012, which is incorporated by reference as if fully set forth herein and made a part of this chapter, a copy of which is attached hereto as Exhibit A and adopted as a map amendment to the Official Zoning Map of DeKalb County. The adopted Stonecrest Overlay District Map and all its amendments will be maintained by the planning director. Any changes to the Overlay District Map dated November 1, 2012 will require a map amendment and a text amendment revising this section to reflect the revised map for the district.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.5.5. - Public space.

Public space: Each lot may provide a minimum of twenty (20) percent public space. To the extent possible, lands containing streams, lakes, one hundred-year floodplains, wetlands, slopes over fifteen (15) percent shall remain undisturbed and included in public space. Natural public space areas shall form an interconnected and continuous network of paths, greenways, and trails throughout the development within the Stonecrest Area Overlay District. Credit for public space areas may be transferred from one (1) parcel to another within overall developments that remain under unified control of a single property owner or group of owners, but must demonstrate interconnectedness of public areas.

Maintenance and protection of public space. Each applicant that chooses to provide for public space shall present as a part of the application for a building permit within the Stonecrest Area Overlay District a legal mechanism under which all land to be used for public space purposes shall be protected. Such legal mechanism may include deed restrictions, property owner associations, common areas held in common ownership or control, maintenance easements, or other legal mechanisms, provided that said legal mechanism shall be approved by the county attorney as assuring each of the following mandatory requirements:

That all subsequent property owners within said Stonecrest Area Overlay District be placed on notice of this development restriction through the deed records of DeKalb County Superior Court;

That all public space held in common will be properly maintained and insured with no liability or maintenance responsibilities accruing to the county;

That a legal mechanism exists for notice of deficiencies in maintenance of the public space held in common, correction of these deficiencies, and assessment and liens against the properties for the cost of the correction of these deficiencies by a third-party or the county;

When an applicant for a Stonecrest Area Overlay District chooses to utilize a property owners association in order to comply with the requirements of subsection A. above, the applicant, in addition to meeting all of said requirements, shall provide for all of the following:

Mandatory and automatic membership in the property owners association as a requirement of property ownership;

A fair and uniform method of assessment for dues, maintenance and related costs;

Where appropriate, party wall maintenance and restoration in the event of damage or destruction; and

Continued maintenance of public space held in common and liability through the use of liens or other means in the case of default.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.5.6. - Landscaping requirements.

Landscape strips. Landscape strips not less than five (5) feet in width shall be provided along all side and rear property lines and on both sides of all public streets. The landscape strip in the front yard shall be a minimum of ten (10) feet in width and shall be planted with a row of street trees of at least three and one-half (3½) inches in caliper selected from the list of street trees species identified in the design guidelines for the Stonecrest Area Overlay District and planted not less than seventy-five (75) feet on center. Continuous landscaped strips shall be constructed along public rights-of-way where surface parking lots are adjacent to such sidewalks or public right-of-way except at points of ingress or egress into the facility.

Ground cover. Ground cover shall also be provided in accordance with the design guidelines for the Stonecrest Area Overlay District in order to protect tree roots and to prevent erosion. Ground cover shall consist of evergreen shrubs or groundcover plant material mulched with pine bark mulch, or other similar landscaping material.

Newly planted trees shall conform to the design guidelines for the Stonecrest Area Overlay District.

No tree shall be planted closer than two (2) feet from the street or sidewalk, and no closer than five (5) feet from a fire hydrant, sign post, streetlight standard, utility pole, or similar structure.

Parking lots shall be landscaped as follows:

Each such parking lot shall have a minimum of five (5) percent of the total lot area of the interior of the parking lot in landscaped space.

A minimum of one (1) tree per twelve (12) parking spaces shall be included in the required landscaped areas. For the purpose of satisfying this requirement, existing trees that are three (3) inches or more in caliper as measured at a height of thirty-six (36) inches above the ground level shall be considered to be equivalent to one (1) or more newly planted trees on the basis of one (1) tree for each three (3) inches of caliper.

Where the landscaped area is in the interior of a parking lot, the landscaped area shall be a minimum of six (6) feet in width and six (6) feet in length, with a minimum area of thirty-six (36) square feet.

All landscaped areas shall be properly maintained in accordance with approved landscape plans. In the event that a tree or any plant material dies, it shall be replaced within ninety (90) days of such occurrence, so as to meet all requirements of this section and to allow for planting in the appropriate planting season.

All trees planted pursuant to the requirements of section 5.4.4 shall be counted for the purpose of meeting the tree planting and tree replacement requirements imposed by section 14-39.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.5.7. - Transitional buffer zone requirements.

Where a lot on the external boundary of the Stonecrest Area Overlay District adjoins the boundary of any property outside the overlay district that is zoned for any R classification, RM classification, MHP classification, or TND classification, a transitional buffer zone not less than fifty (50) feet in width shall be provided and maintained in a natural state or so as to maintain an effective visual screen. Said transitional buffer zone shall not be paved and shall not be used for parking, loading, storage, or any other use, expect where necessary to grade or modify a portion of the transitional buffer zone for the installation of utilities necessitated by the development. Water detention ponds shall not be located within transitional buffer zones. No trees, other than dead or diseased trees, shall be removed from said transitional buffer zone, but additional trees and plant material may be added to the transitional buffer zone.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.5.8. - Streets standards.

Streets within the Stonecrest Area Overlay District may be either public or private streets. Private streets shall comply with requirements of public streets found in chapter 14 and all other applicable sections of the DeKalb County Code, with the following exceptions:

Streets in the Stonecrest Area Overlay District may be constructed with travel lanes at eleven (11) feet in width, measured inside curb and gutter.

Private or public alleys shall be permitted, providing secondary or service access within developments consisting of at least four (4) occupied structures. An alley shall provide a continuous connection between two (2) streets. Alleys shall be paved and constructed to the same standards as the connecting streets except that:

No alley shall be longer than four hundred (400) feet;

No alley shall have a slope greater than seven (7) percent;

The paved width of an alley shall be not less than twelve (12) feet;

Alleys shall be constructed with flush curbs;

Alleys shall be bordered on both sides by unobstructed seven-foot-wide shoulders constructed of grass sod or gravel; and

Buildings shall be set back at least ten (10) feet from the back of curb of an alley.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.5.9. - Underground utilities.

All utilities except for major electric transmission lines and substations are required to be placed underground except where the director of development determines that underground utilities are not feasible due to pre-existing physical conditions, such as conflicting underground structures or utilities, shallow rock, high water table, or other similar geologic or hydrologic conditions.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.5.10. - Streetlights.

Streetlights are required for all public streets and shall conform to the design guidelines for the Stonecrest Area Overlay District.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.5.11. - Interparcel access.

To the maximum extent possible, sidewalks and parking lots serving adjacent lots shall be interconnected to provide continuous driveway connections and pedestrian connections between adjoining lots and streets, except that this requirement shall not apply to lots zoned for single family or duplex residential units. Where necessary, DeKalb County may require access easements be provided to ensure continuous access and egress routes connecting commercial, office, and multifamily lots.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.5.12. - Multi-modal access plans required.

Each new application for a development permit within the Stonecrest Area Overlay District shall be accompanied by a multi-modal access plan prepared at a scale not greater than one inch equals one hundred feet (1"=100'). The multi-modal access plan shall cover the full extent of the proposed development along with public rights-of-way of adjoining streets and any other property lying between the subject property and the nearest public streets on all sides. The purpose of the multi-modal access plan is to demonstrate a unified plan of continuous access to and between all buildings in the proposed development and adjacent properties. Connections to available transportation modes, such as driveways, sidewalks, and bike paths shall be shown along adjacent streets and those entering adjoining properties. Safe and convenient pedestrian ways shall be provided from sidewalks along streets to each building entrance, including pedestrian access routes across parking lots and between adjacent buildings within the same development. Where an existing or planned public transportation station or stop is within one thousand two hundred fifty (1,250) feet (straight line distance) from any boundary of the subject property, the access plan shall show how pedestrians may safely travel from such station or stop to the subject property. Where an existing or planned bike path is located within one thousand five hundred (1,500) feet of the subject property, the access plan shall show how safe, continuous and convenient bicycle access shall be provided to the subject property.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.5.13. - High-Rise Mixed-Use Zone (Tier I Zone).

Principal uses and structures. The following principal uses of land and structures shall be authorized within Tier I. High-Rise Mixed-Use Zone of the Stonecrest Area Overlay District:

All uses authorized in the C-1 and C-2 (General Commercial) District, except those listed in B., below.

All uses authorized in the O-I (Office Institutional) District, except those listed in B., below.

All uses authorized in the O-D (Office-Distribution) District, except those listed in B., below.

All uses authorized in the RM-HD (Multifamily Residential) District.

Buildings that contain a mixture of two (2) or more uses selected from those authorized in this district.

Prohibited uses. The following principal uses of land and structures shall be prohibited within Tier I: High-Rise Mixed-Use Zone of the Stonecrest Area Overlay District:

Kennels.

Storage yards.

Tire dealers and tire repair.

Adult entertainment establishments.

Adult service facilities.

Outdoor amusement and recreation services facilities.

Outdoor storage.

Appliance and equipment repair shops.

Motels.

10.

Used motor vehicles dealers.

11.

Temporary and seasonal outdoor sales.

12.

Automobile title loan establishments.

13.

Pawn shops.

14.

Liquor stores.

15.

Salvage yards and junk yards.

16.

Self-storage facilities.

17.

Gasoline service stations.

18.

Major and minor automobile repair and maintenance shops.

19.

Automotive rental and leasing.

20.

Commercial parking lots.

21.

Carwashes and detail shops.

22.

Check cashing establishments.

23.

Automobile emission testing facilities.

Accessory uses and structures. The following accessory uses of land and structures shall be authorized in the Tier I: High-Rise Mixed-Use Zone of the Stonecrest Area Compatible Use Overlay District:

Accessory uses and structures incidental to any authorized use.

Parking lots and parking garages.

Club house, including meeting room or recreation room.

Swimming pools, tennis courts, and other recreation areas and similar amenities.

Signs, in accordance with the provisions of chapter 21 and this chapter.

Building setbacks. The following requirements shall apply to all structures in the Tier I: High-Rise Mixed-Use Zone of the Stonecrest Area Overlay District:

Minimum front yard setback: Fifteen (15) feet from right-of-way of public street except that garages of residential units shall be set back a minimum of twenty-five (25) feet from right-of-way.

Minimum interior side yard: Ten (10) feet. There shall be a minimum of fifteen (15) feet between buildings and structures less than two (2) stories in height and a minimum of twenty (20) feet between any two (2) buildings and structures when one (1) of them is greater than two (2) stories in height, and a minimum of twenty-five (25) feet between any two (2) buildings when one (1) of them is greater than five (5) stories in height.

Minimum rear yard: Ten (10) feet.

Height of buildings and structures. A building in the High-Rise Mixed-Use Zone may exceed the five-story height limit without the necessity of obtaining a special land use permit. A parking deck may exceed five (5) stories in height; however, a parking deck shall not exceed ten (10) stories either as a separate deck structure or as part of an office building.

Density. No development in a Tier I zone shall exceed a FAR of three and one-half (3.5), unless it also provides additional public space or other amenities singly, or in combination as provided in paragraph G. below.

Bonus density: The maximum allowable FAR of a building or development in a Tier I zone shall be increased to a FAR not to exceed a total of six (6.00) in exchange for one (1) or more of the additional amenities provided in the table below:

Table 3.1. Maximum Bonus FAR: Tier I

Maximum Bonus Floor Area Ratio in Stonecrest Area, Tier I Zone
Additional Amenity	Increased FAR
Increase public space to 25 percent while providing connectivity	0.75
Increase public space to 30 percent while providing connectivity	1.50
Mixed-use building that combines office-institutional with commercial retail uses. Each mixed-use building shall include one principal use and at least one secondary use. No primary or secondary use shall constitute less than ten percent of the gross floor area of the building.	0.25
Mixed-use building that includes multifamily residential units constituting at least 8 units per acre of land, and constructed in the same building with office, institutional, commercial or retail uses.	0.5

Required parking. Required parking may be provided through a combination of off-street, on-street, or shared parking provided that all required parking is located within seven hundred (700) feet of the principal entrance of buildings which it is intended to serve. The minimum number of required parking spaces shall be as provided in article 6, except as follows:

Retail uses, personal service uses, and other commercial and general business uses, including food stores—Minimum of four (4) spaces per one-thousand (1,000) square feet of gross floor area.

Office and clinic uses—Minimum of three (3) spaces per one thousand (1,000) square feet of gross floor area.

Hotel and motel uses—Minimum of one (1) space per unit.

Multifamily residential uses—Minimum of one and one-quarter (1.25) spaces per dwelling unit.

Sidewalks. Sidewalks at least five (5) feet in width shall be provided on both sides of all public streets. Sidewalks along streets and in front of proposed high-rise buildings shall be a minimum of ten (10) feet in width.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.5.14. - Mid-Rise Mixed-Use Zone (Tier II Zone).

Principal uses and structures. The following principal uses of land and structures shall be authorized within Tier II: Mid-Rise Mixed-Use Zone of the Stonecrest Area Overlay District:

All uses authorized in the C-1 and C-2 (General Commercial) District, except as excluded in B., below.

All uses authorized in the O-I (Office Institutional) District, except as excluded in B., below.

All uses authorized in the O-D (Office Distribution) District, except as excluded in B., below.

All uses authorized in the RM-HD (Multifamily Residential) District.

Buildings that contain a mixture of two (2) or more uses selected from those authorized in this district.

Prohibited uses. The following principal uses of land and structures shall be prohibited within Tier II: Mid-Rise Mixed Use Zone of the Stonecrest Area Overlay District:

Kennels.

Storage yards.

Tire dealers and tire repair.

Adult entertainment establishments.

Adult service facilities.

Outdoor amusement and recreation services facilities.

Outdoor storage.

Appliance and equipment repair shops.

Motels.

10.

Used motor vehicles dealers.

11.

Temporary and seasonal outdoor sales.

12.

Automobile title loan establishments.

13.

Pawn shops.

14.

Liquor stores.

15.

Salvage yards and junk yards.

16.

Self storage facilities.

17.

Gasoline service stations.

18.

Major and minor automobile repair and maintenance shops.

19.

Automotive rental and leasing.

20.

Commercial parking lots.

21.

Carwashes and detail shops.

22.

Night clubs and late-night establishments.

23.

Check cashing establishments.

24.

Automobile emission testing facilities.

Accessory uses and structures. The following accessory uses of land and structures shall be authorized in the Tier II: Mid-Rise Mixed-Use Zone of the Stonecrest Area Overlay District.

Accessory uses and structures incidental to any authorized use.

Parking lots and parking garages.

Club house, including meeting room or recreation room.

Swimming pools, tennis courts, and other recreation areas and similar amenities.

Signs, in accordance with the provisions of chapter 21 and this chapter.

Building setbacks. The following requirements shall apply to all structures in the Tier II: Mid-Rise Mixed-Use Zone of the Stonecrest Area Overlay District:

Minimum front yard setback: Fifteen (15) feet from right-of-way of public street, except that garages of residential uses shall be set back a minimum of twenty-five (25) feet from right-of-way.

Minimum rear yard: Ten (10) feet.

Height of buildings and structures. Maximum height, ten (10) stories. A building in the Mid-Rise Mixed-Use Zone may exceed the five (5) stories without the necessity of obtaining a special land use permit. A parking deck may exceed five (5) stories in height; however, a parking deck shall not exceed ten (10) stories either as a separate deck structure or as part of an office building.

Density: No development in the Tier II Zone shall exceed a FAR of two and one half (2.5), unless it also provides additional public space or other amenities singly, or in combination as provided in paragraph G., below.

Bonus density: The maximum allowable FAR of a building or development in a Tier II Zone shall be increased to a FAR not to exceed a total of four (4) in exchange for one (1) or more of the additional amenities provided in the table below:

Table 3.2. Maximum Bonus FAR: Tier II

Maximum Bonus Floor Area Ratio in Stonecrest Area, Tier II Zone
Additional Amenity	Increased FAR
Increase public space to 25 percent while providing connectivity	0.75
Increase public space to 30 percent while providing connectivity	1.50
Mixed-use building that combines office-institutional, commercial, or retail uses. Each mixed-use building shall include one principal use and at least one secondary use. No primary or secondary use shall constitute less than ten percent of the gross floor area of the building.	0.25
Mixed-use building that includes multifamily residential units constituting at least 8 units per acre of land, and constructed in the same building with office, institutional, commercial or retail uses.	0.5

Retail uses, personal service uses, and other commercial and general business uses, including food stores—Minimum of four (4) spaces per one thousand (1,000) square feet of gross floor area.

Office and clinic uses—Minimum of three (3) spaces per one thousand (1,000) square feet of gross floor area.

Hotel and motel uses—Minimum of one (1) space per unit.

Multifamily residential uses—Minimum of one and one and one-quarter (1.25) spaces per dwelling unit.

Parking space area requirements shall comply with the provisions of section 6.1.3.

Sidewalks. Sidewalks at least five (5) feet in width shall be provided on both sides along the right-of-way of all streets.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.5.15. - Low-Rise Mixed-Use Zone (Tier III).

Principal uses and structures. The following principal uses of land and structures shall be authorized within Tier III: Low-Rise Mixed-Use Zone of the Stonecrest Area Compatible Use Overlay District:

All uses authorized in the C-1 and C-2 (General Commercial) District, except those listed in B., below.

All uses authorized in the O-I (Office Institutional) District, except those listed in B., below.

All uses authorized in the O-D (Office Distribution) District and M (Light Industrial) District, except those listed in (B) below, subject to applicable special use permits.

All uses authorized in the RM-75 (Multifamily Residential) District.

Buildings that contain a mixture of two (2) or more uses selected from those authorized in this district.

Prohibited uses. The following principal uses of land and structures shall be prohibited within Tier III: Low-Rise Mixed Use Zone of the Stonecrest Area Overlay District:

Kennels.

Storage yards.

Tire dealers and tire repair.

Adult entertainment establishments.

Adult service facilities.

Outdoor amusement and recreation services facilities.

Outdoor storage.

Appliance and equipment repair shops.

Motels.

10.

Used motor vehicle dealers, except those used motor vehicle dealers satisfying the requirements of subsection K. which is also applicable to new auto sales dealerships.

11.

Temporary and seasonal outdoor sales.

12.

Automobile title loan establishments.

13.

Pawn shops.

14.

Liquor stores.

15.

Salvage yards and junk yards.

16.

Self storage facilities.

17.

Gasoline service stations, except convenience stores with gas pumps over four thousand (4,000) square feet, subject to applicable special use permits.

18.

Major and minor automobile repair and maintenance shops.

19.

Commercial parking lots.

20.

Carwashes and detail shops.

21.

Night clubs and late-night establishments.

22.

Check cashing establishments.

23.

Automobile emission testing facilities.

Accessory uses and structures. The following accessory uses of land and structures shall be authorized in the Tier III: Low-Rise Mixed-Use Zone of the Stonecrest Area Overlay District:

Accessory uses and structures incidental to any authorized use.

Parking lots and parking garages.

Clubhouse, including meeting room or recreation room.

Swimming pools, tennis courts, and other recreation areas and similar amenities.

Signs, in accordance with the provisions of chapter 21 and this chapter.

Accessory uses and structures incidental to any authorized new or used motor vehicle dealer; including automobile rental/leasing, major and minor automobile repair, new tire sales, emissions testing, non-public fuel pumps and carwashes, and outdoor storage and automobile display.

Building setbacks. The following requirements shall apply to all structures in the Tier III: Low-Rise Mixed-Use Zone of the Stonecrest Area Overlay District:

Minimum front yard setback: Fifteen (15) feet from right-of-way of public street, except that front-facing garages of residential units shall be set back a minimum of twenty-five (25) feet from rights-of-way.

Minimum rear yard: Ten (10) feet.

Height of buildings and structures. Maximum height, three (3) stories.

Density: No development in the Tier III Zone shall exceed a FAR of one (1), unless it also provides additional public space or other amenities singly, or in combination as provided in G., below.

Bonus density: The maximum allowable FAR of a building or development in a Tier III Zone shall be increased to a FAR not to exceed a total of two (2) in exchange for one (1) or more of the additional amenities provided in the table below:

Table 3.3 Maximum Bonus FAR: Tier III

Maximum Bonus Floor Area Ratio in Stonecrest Area, Tier III Zone
Additional Amenity	Increased FAR
Increase public space to 25 percent while providing connectivity	0.5
Increase public space to 30 percent while providing connectivity	1.0
Mixed-use building that combines office-institutional with commercial or retail uses. Each mixed-use building shall include one principal use and at least one secondary use. No primary or secondary use shall constitute less than ten percent of the gross floor area of the building.	0.25
Mixed-use building that includes multifamily residential units constituting at least 8 units per acre of land, and constructed in the same building with office, institutional, commercial or retail uses.	0.5

Retail uses, personal service uses, and other commercial and general business uses, including food stores—Minimum of four (4) spaces per one thousand (1,000) square feet of gross floor area.

Office and clinic uses—Minimum of three (3) spaces per one thousand (1,000) square feet of gross floor area.

Hotel and motel uses—Minimum of one (1) space per unit.

Multifamily residential uses—Minimum of one and one-half (1.5) spaces per dwelling unit.

Parking space area requirements. Parking space area requirements shall comply with the provisions of section 6.1.3.

Sidewalks. Sidewalks at least five (5) feet in width shall be provided on both sides along the right-of-way of all public streets.

New or used motor vehicle dealers. New or used motor vehicle dealers are authorized in Tier III of the Stonecrest Overlay District only if they comply with the following requirements:

New or used motor vehicle dealers must be located on a parcel with a lot area of no less than three (3) acres, and must contain at least six thousand (6,000) square feet of building floor space.

New or used motor vehicle dealers must provide vegetative screening along any automobile display areas that abut a public right-of-way. Said vegetative screening shall be located outside any guard rails or security fencing abutting such public right-of-way. Within three (3) years of planting, the vegetative screening must be of sufficient height to screen all guard rails or security fencing abutting the public right-of-way. Planting materials shall be subject to the approval of the DeKalb County Arborist.

New or used motor vehicle dealers must provide screening of all maintenance areas and storage yards for automobiles stored for service. Such screening shall be sufficient to shield the maintenance areas and storage yards from visibility from any adjacent properties or public rights-of-way. Should vegetative screening be used, planting material shall be subject to the approval of the DeKalb County Arborist.

No overhead bay doors opening into vehicle service areas shall be visible from a public right-of-way.

(Ord. No. 15-06, 8-25-2015; Ord. No. 18-02, Pt. I, 2-27-2018; Ord. No. 2017-1120, § Pt. I, 2-27-2018)

Sec. 3.5.15.1. - Transitional Mixed Use Zone (Tier IV).

Statement of purpose and intent. The intent of this tier is to encourage mixed use development in a well-planned community and encourage principally office, residential and commercial uses to serve the convenience needs of the local community. This tier provides an economic balance to the other Stonecrest Area Compatible Use Overlay District development categories which focus more on retail uses.

Mixed use requirements. All properties in Tier IV which are proposed for new development shall comply with the minimum requirements of this mixed use development category. Permits for repairs, interior alterations or tenant buildout improvements that do not alter the exterior appearance or the building footprint of the structure shall be exempt from the requirements of this division. Properties in Tier IV shall contain a minimum of two (2) principal uses and any residential use shall not exceed seventy (70) percent of the total floor area. The mixed use development may be combined vertically or horizontally in one (1) or more buildings or may be provided in separate buildings or areas within a mixed-use development.

Principal uses of land and structures. The following principal uses of land and structures shall be authorized in mixed-use developments within Tier IV:

All uses authorized in the OCR (Office-Commercial-Residential) district except those uses prohibited in this section.

All uses authorized in the C-1 and C-2 (General Commercial) districts except those uses prohibited in this section.

All uses authorized in the RM-HD (High Density Residential) district except those uses prohibited in this section.

All uses authorized in the O-I (Office-Institutional) district except those uses prohibited in this section.

Single-family detached units that are part of a master planned community so long as such single-family detached units are part of a mixed-use development and so long as the development provides opportunities for lifelong and aging-in-place communities as defined by the Atlanta Regional Commission.

Prohibited uses. The following principal uses of land and structures shall be prohibited in Tier IV:

Boarding and breeding kennels.

Storage yard for damaged automobiles or confiscated automobiles.

Tire retreading and recapping.

Adult entertainment establishments.

Adult service facility.

Go-cart concession.

Outdoor equipment and materials storage.

Heavy repair shop and trade shop.

Extended-stay motels.

10.

Used cars sales as a primary use.

11.

Temporary and/or seasonal outdoor sales.

12.

Title and pawn shops.

13.

Liquor stores.

14.

Nightclubs and late-night establishments.

15.

Salvage yards/junk yards.

16.

Self service car wash and detailing.

17.

Self storage.

18.

Funeral home.

19.

Mortuary.

20.

Crematorium.

21.

Farm equipment sales, rental or service.

22.

Extended-stay hotel or motel.

Accessory uses and structures. The following accessory uses of land and structures shall be authorized in the Tier IV:

Any uses and structures incidental to any authorized use.

Clubhouse, including meeting rooms and recreation rooms accessory to residential uses.

Parking lots and decks.

Swimming pools, tennis courts, and other recreation areas and similar amenities.

Mixed-use developments: Lot width, lot area and setbacks.

Lot width and area. All lots shall have at least one hundred (100) feet of frontage as measured along the public street frontage.

Minimum lot area: One (1) acre.

Setback requirements.

Front yard. Minimum of zero (0) feet and a maximum of twenty (20) feet to allow for architectural features, outdoor seating, and other project site amenities.

Side yard. Minimum of zero (0) feet and a maximum of twenty (20) feet to allow for architectural features, outdoor seating, plazas and other project site amenities.

Rear yard. Minimum of twenty (20) feet.

Interior side yard. Minimum of zero (0) feet. However, where an interior side yard is facing a structure with windows on an adjoining lot the distance between the existing structure and the proposed structure shall be a minimum of twenty (20) feet.

Single-family detached units: Lot width, lot area and setbacks.

Lot width and area. All lots shall have at least fifty (50) feet of frontage as measured along the public street frontage.

Minimum lot area. Five thousand (5,000) square feet.

Setback requirements.

Front yard. Minimum of ten (10) feet and a maximum of twenty (20) feet.

Side yard. Minimum of ten (10) feet.

Interior side yard. Minimum of five (5) feet.

Rear yard. Minimum of thirty (30) feet.

Single-family attached units: Lot width, lot area and setbacks.

Lot width and area. All lots shall have at least thirty (30) feet of frontage as measured along the public street frontage.

Minimum lot area. Three thousand (3,000) square feet. Maximum of eight (8) units or two hundred forty (240) feet.

Setback requirements:

Front yard. Minimum of five (5) feet and a maximum of twenty (20) feet.

Side yard. Minimum of fifteen (15) feet between buildings.

Rear yard. Minimum of thirty (30) feet.

Structures which are front face to front face, back face to back face, or front face to back face shall be not less than sixty (60) feet apart. Structures which are side face to side face shall not be less than twenty (20) feet apart. Structures which are side face to front face or back face shall be not less than forty (40) feet apart.

Height of buildings and structures. The maximum height of any mixed-use building or structure shall not exceed five (5) stories or seventy-five (75) feet. Buildings in excess of three (3) stories must be approved by the department of fire and rescue services to assure adequacy of fire protection facilities and services. The maximum height of any residential single-family detached building or structure shall not exceed a height of thirty-five (35) feet and shall not exceed two stories.

Density and floor area ratios. Multifamily dwellings may be developed at a density not exceeding thirty (30) dwelling units per acre and the combined floor area ratio for any development shall not exceed one and one-half (1.50).

Density bonus. The maximum allowable FAR of a building or development in Tier IV shall be increased to a FAR not to exceed a total of three (3.0) if one (1) or more of the additional amenities is provided as described in the table below:

Table 3.4 Maximum Bonus FAR: Tier IV

Maximum Bonus Floor Area Ratio in Stonecrest Area, Tier IV Zone
Additional Amenity	Increased FAR
Increase public space to twenty five (25) percent while providing interparcel access for pedestrians and vehicles.	0.5
Increase public space to thirty (30) percent while providing interparcel access for pedestrians and vehicles.	1.0
Mixed-use building that combines office-institutional with commercial or retail uses. Each mixed-use building shall include one principal use and at least one secondary use. No primary or secondary use shall constitute less than ten (10) percent of the gross floor area of the building.	0.25
Mixed-use building that includes multifamily residential units constituting at least eight (8) units per acre of land, and constructed in the same building with office, institutional, commercial or retail uses.	0.5

Retail uses, personal service uses, and other commercial and general business uses, including food stores—Minimum of four (4) spaces per one thousand (1,000) square feet of gross floor area.

Office and clinic uses—Minimum of three (3) spaces per one thousand (1,000) square feet of gross floor area.

Hotel and motel uses—Minimum of one (1) space per unit.

Multifamily residential uses—Minimum of one and one-half (1.5) spaces per dwelling unit.

Parking space area requirements shall comply with the provisions of section 6.1.3.

Single-family detached residential dwelling units shall have two (2) spaces per unit. Garages and any surface parking areas are to be accessed by shared driveways located at the rear of the residential structure. Garages that face the public right-of-way shall be setback a minimum of twenty (20) feet.

Sidewalks. Sidewalks at least five (5) feet in width shall be provided on both sides along the right-of-way of all public streets.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.5.15.2. - Cluster Village Mixed-Use Zone (Tier V).

Statement of purpose and intent. The primary intent of Tier V is to encourage single-family detached residential developments with associated neighborhood commercial and office uses to serve the convenience needs of the local community in a village or cluster concept. This tier provides for the preservation of open space while allowing compatible development that complements the other Stonecrest Overlay District development categories. Tier V also seeks to preserve the rural and scenic beauty of Arabia Mountain Preserve while providing flexibility to allow for creativity in site design and development. The goal of Tier V is to minimize the environmental and visual impacts of new development on natural resources and historically and culturally significant sites and structures while encouraging residential and neighborhood commercial development in a well planned community.

Principal uses and structures. All properties in Tier V shall be governed by all of the underlying zoning district regulations and the requirements of this section. In addition, all properties in Tier V may be used for the following principal uses of land and structures:

Adult day care facility.

Bed and breakfast inn.

Child day care facility.

Community facility limited to the location, size and use provisions of this section.

Cultural facility.

Detached single-family dwelling.

Office uses.

Personal care home, group.

Place of worship.

10.

Retail, excluding drive-through facilities, gas and service stations, commercial amusements, liquor stores, video arcades, pool halls, and discount retail shops.

11.

Services, medical and health.

12.

Services, personal.

Accessory uses and structures. The following accessory uses of land and structures shall be authorized in Tier V:

Accessory uses and structures incidental to any authorized use.

Club house, including meeting rooms and recreation rooms.

Swimming pools, tennis courts, and other recreation areas and similar amenities.

Prohibited uses. The following principal uses of land and structures shall be prohibited in Tier V:

Boarding and breeding kennels.

Storage yard for damaged automobiles or confiscated automobiles.

Tire retreading and recapping.

Adult entertainment establishments.

Adult service facility.

Go-cart concession.

Outdoor equipment and materials storage.

Heavy repair shop and trade shop.

Extended-stay motels.

10.

Used cars sales as a primary use.

11.

Temporary and/or seasonal outdoor sales.

12.

Title and pawn shops.

13.

Liquor stores.

14.

Nightclubs and late-night establishments.

15.

Salvage yards/junk yards.

16.

Self-service car wash and detailing.

17.

Self-storage.

18.

Funeral home.

19.

Mortuary.

20.

Crematorium.

21.

Farm equipment sales, rental or service.

22.

Extended-stay hotel or motel.

23.

Multifamily dwelling unit.

Lot width, lot area and setbacks.

All single-family detached residential lots which are located on Klondike Road, Plunkett Road or Rockland Road shall have a minimum of one hundred (100) feet of frontage as measured along the public street frontage.

Minimum lot area. Fifteen thousand (15,000) square feet.

Minimum setback requirements.

Front yard. Thirty-five (35) feet.

ii.

Side yard. Thirty-five (35) feet.

iii.

Rear yard. Forty (40) feet.

iv.

Interior side yard. Ten (10) feet.

All single-family detached residential lots which are located on new roadways shall have a minimum of fifty (50) feet of frontage as measured along the public street frontage.

Minimum lot area. Five thousand (5,000) square feet.

Minimum setback requirements.

From public street:

(a)

Front yard. Minimum of ten (10) feet and a maximum of twenty-five (25) feet.

(b)

Side yard. Fifteen (15) feet.

(c)

Rear yard. Twenty (20) feet.

(d)

Interior side yard. Five (5) feet.

Reserved.

Office and commercial uses shall not be located along Klondike or Rockland Road. Any uses otherwise authorized in Tier V shall be clustered together in a "village" or "hamlet" setting and shall include convenient access to neighboring residential communities in a manner that preserves the open space on the lot. Such uses shall be developed in a manner that also preserves the rural and scenic nature of Tier V and is compatible with the natural design and forestation of the Arabia Mountain Preserve. Such uses shall be developed in a manner that minimizes the environmental and visual impact of new development on the existing natural landscape and the historically and culturally significant sites and structures. To the extent possible, developments shall be constructed in a manner that preserves the bucolic nature and farming community appearance of Tier V.

Office and commercial uses shall be a maximum of two thousand five hundred (2,500) square feet per tenant space.

Single-use structures shall be a maximum of ten thousand (10,000) square feet.

Lot width and lot area. Office and commercial lots shall be a minimum of twenty thousand (20,000) square feet.

Height of buildings and structures. No building or structure shall exceed thirty-five (35) feet in height. All buildings and structures are limited to a two-story height limitation.

Required parking. The minimum number of required parking spaces shall be as provided in the underlying zoning district regulations except as follows:

Residential, single-family detached—Two (2) spaces.

Retail uses, personal service uses, and other commercial and general business uses, including food stores—Minimum of four (4) spaces per one thousand (1,000) square feet of gross floor area.

Office and clinic uses—Minimum of three (3) spaces per one thousand (1,000) square feet of gross floor area.

Parking space area requirements shall comply with the provisions of section 6.1.3.

Sidewalks. A planting strip shall be provided between the curb and the pedestrian travel lane in compliance with land development standards. Sidewalks shall be provided on both sides along the right-of-way of all public streets.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.5.16. - Shared parking.

Shared parking is encouraged and may be authorized by the director of planning. Applicants may make application to the director of planning for authorization for a special exception for shared parking. Said applications shall be considered and decided by the director of planning pursuant to the standards and procedures set forth in section 7.6.5.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.5.17. - Permits for uses.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.5.18. - Design guidelines.

The Stonecrest Overlay District Design Guidelines dated May 2008, shall apply to all uses and structures within the Stonecrest Overlay District and shall be maintained by the planning director and available for public inspection. The design guidelines provide acceptable minimum standards to guide design and development within this overlay district. The planning director or designee is authorized to create, administer, and amend design guidelines for the Stonecrest Area Overlay District. These guidelines provide acceptable architectural design controls, landscaping, detail drawings, signage, fencing, lighting, street and site furniture, and grating criteria. These guidelines shall be used to promote proper design criteria and shall guide the planning director or designee in deciding whether a proposed design complies with the requirements of the Stonecrest Area Overlay District.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.5.19. - Plans required; certificates of compliance.

Plans required. Prior to the issuance of any land disturbance permit, building permit, or sign permit, the applicant shall submit to the director of planning an application which shall include a conceptual plan package as defined by this chapter which shall demonstrate that the proposed design is in compliance with all of the requirements of this Stonecrest Overlay District and the underlying zoning classification.

Fees. Plans shall be accompanied by an application and payment of a fee in an amount determined by the DeKalb County Board of Commissioners.

Review. The director of planning shall review each application for compliance with all requirements of the Stonecrest Overlay District and the underlying zoning classification. Where the director determines that said plans comply with the requirements of the Stonecrest Overlay District a certificate of compliance shall be issued in the form of the director or the director's designee signing the plans and drawings after which the applicant shall then apply for land disturbance, building or signs permits. Where the director determines that said plans do not comply with the requirements of this chapter, then the director shall notify the applicant in writing stating the manner in which said applicant fails to comply with such requirements. All applications shall be considered and decided by the director of planning within thirty (30) days of receipt of a complete application. Any appeal of the director of planning's decision in this regard shall be to the zoning board of appeals pursuant to section 7.5.2.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.5.20. - Conceptual plan package review.

The conceptual plan package shall be composed of the following:

A narrative addressing the proposed development explaining how it meets the purpose, intent, and standards of this chapter. The narrative shall include a tabulation of the approximate number of acres in each land use, the approximate number of dwelling units by type, the approximate gross residential density, the approximate commercial density, the approximate public space acreage, the anticipated number, type and size of recreational facilities and other public amenities; the legal mechanism for protecting and maintaining public space, as required in section 3.5.5.A.1.;

A site location map showing the proposed development, abutting property, the relationship of the proposed development to surrounding natural features and existing development, and transitional buffer zones, if required; and

A multi-modal access plan meeting the requirements of section 3.5.12.

The plan to be submitted in the conceptual plan package shall contain the following information:

Six (6) copies of a plan drawn to a designated scale of not less than one inch equals one hundred feet (1"=100'), certified by a professional engineer or land surveyor licensed by the State of Georgia, presented on a sheet having a maximum size of twenty-four (24) inches by thirty-six (36) inches, and one (1), eight and one-half-inch by eleven-inch reduction of the plan. If presented on more than one (1) sheet, match lines shall clearly indicate where the several sheets join. Such plan shall contain the following information:

Boundaries of the entire property proposed to be included in the development, with bearings and distances of the perimeter property lines.

Scale and north arrow, with north, to the extent feasible, oriented to the top of the plat and on all supporting graphics.

Location and approximate dimensions in length and width, for landscape strips and required transitional buffers, if any.

Existing topography with a maximum contour interval of five (5) feet and a statement indicating whether it is an air survey or field run.

Approximate delineation of any floodplain designated by the Federal Emergency Management Agency, United States Geological Survey, or DeKalb County.

The delineation of any jurisdictional wetlands as defined by Section 404 of the Federal Clean Water Act.

A delineation of all existing structures and whether they will be retained or demolished.

General location, in conceptual form, of proposed uses, lots, buildings, building types and building entrances.

Height and setback of all buildings and structures.

Approximate areas and development density for each type of proposed use.

Location, size, and number of all on-street and off-street parking spaces, including a shared parking analysis, if shared parking is proposed.

Identification of site access points and layout, width of right-of-way and paved sections of all internal streets.

Conceptual plans for drainage with approximate location and estimated size of all proposed stormwater management facilities and a statement as to the type of facility proposed.

Development density and lot sizes for each type of use.

Areas to be held in joint ownership, common ownership or control.

Identification of site access points and layout, width of right-of-way and paved sections of all internal streets.

Location of proposed sidewalks and bicycle facilities trails, recreation areas, parks, and other public or community uses, facilities, or structures on the site.

Conceptual layout of utilities and location of all existing or proposed utility easements having a width of twenty-five (25) feet or more.

Standard details of signs, sidewalks, streetlights, driveways, medians, curbs and gutters, landscaped areas, fencing, grating, street furniture, bicycle lanes, streets, alleys, and other public improvements demonstrating compliance with the design guidelines for the Stonecrest Area Overlay District.

Seal and signature of professional preparing the plan.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.6.1.- Statement of purpose and intent.

The purpose and intent of the board of commissioners is to provide for the establishment of Residential Infill Overlay Districts by petition for the following reasons:

To allow for the implementation of policies and objectives of the county's comprehensive plan and the zoning ordinance; and

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

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

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

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

(Ord. No. 15-06, 8-25-2015)

Sec. 3.6.2. - Scope of regulations.

This division establishes standards and procedures that apply to demolition, new construction and residential development in whole or in part within any area of the county that is designated a Residential Infill Overlay District.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.6.3. - Residential infill overlay districts.

The boundaries of any Residential Infill Overlay District shall be established by a zoning map amendment adopted pursuant to this chapter which amendment shall be incorporated herein and made a part of this chapter 27. The board of commissioners shall not approve any Residential Infill Overlay District that does not include a contiguous arrangement of at least twenty (20) lots of record and a rational, defined boundary.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.6.4. - Applicability of regulations.

This division applies to each application for a permit for development or new construction following the demolition of a single-family home or homes in established neighborhoods that fall within any Residential Infill Overlay District.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.6.5. - Principal uses and principal structures.

The principal uses of land and structures that are allowed in any Residential Infill Overlay District are as is provided in the applicable underlying zoning district, subject to the limitations and standards contained within this division.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.6.6. - Accessory uses and accessory structures.

The accessory uses of land and structures that are allowed in the Residential Infill Overlay District, as is provided in the applicable underlying zoning district, are subject to the limitations and standards contained within this division.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.6.7. - Petition process, boundaries, staff analysis, recommendation.

The county shall require the filing of a petition and completed application for any Residential Infill Overlay District on forms promulgated by the planning department director.

Any person(s) interested in pursuing the approval of a Residential Infill Overlay District upon request to the planning department will be provided with a petition and application form. The petition will allow for persons to sign in favor of the approval of a Residential Infill Overlay District. All signatories to the petition must be real property owners residing within the proposed Residential Infill Overlay District. The planning director shall not allow the petition process for the adoption of a Residential Infill Overlay District ordinance to begin to be reviewed and investigated by county staff until twenty (20) percent of the property owners in the proposed Residential Infill Overlay District have voted in favor of the imposition of the Residential Infill Overlay District designation by signing the petition described in this division. Once the twenty (20) percent threshold has been achieved, the planning director shall initiate notice to all property owners within the proposed district of a public meeting to be held at the community council meeting.

Application forms must be accompanied by a boundary map and a complete list of each property located in the Infill Overlay District by street address or tax parcel identification number(s). All applications must be accompanied by a written description of why the particular properties qualify for a Residential Infill Overlay District designation. This written description shall include an analysis of all of the following criteria that shall guide the board of commissioners in deciding if specific property should be classified as a Residential Infill Overlay District:

Whether the built environment of a neighborhood and its location, size or age, is one (1) in which it is desirable to ensure that new and remodeled single-family dwellings and related accessory uses and structures are compatible with the height, size, and level of forestation of the existing dwellings and lots; and

Whether there is a need to establish and maintain a balance between preserving the character of a mature neighborhood while accommodating compatible new residential developments.

All applications and petitions for a Residential Infill Overlay District shall become final upon presentation at a public hearing before the planning commission pursuant to section 7.2.2 of the Code, at which time the petition will include a minimum of fifty-five (55) percent of the property owners in support of the overlay district.

The staff of the planning department shall conduct a site inspection on all complete applications for a Residential Infill Overlay District designation and shall investigate and prepare an analysis of such application in substantial compliance with section 7.3.4 and shall include a written analysis of whether the properties at issue satisfy the criteria identified in subsection C. The staff of the planning department shall present its findings and recommendations in written form to the planning commission and the board of commissioners. Copies of the written findings shall be reasonably available to the public.

In addition to all other applicable standards and criteria, the board of commissioners shall consider whether the property at issue satisfies the criteria set forth in subsection C. If the board of commissioners approves the creation of a specific Residential Infill Overlay District, the newly created district shall be governed by the regulations in this division and any other applicable regulations in the code.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.6.8. - Notice of hearing.

Notice of the public hearing for any petition for a Residential Infill Overlay District before the planning commission and board of commissioners shall comply with the code requirements for notice for a zoning decision by a party other than the county as set forth in article 5 of this chapter.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.6.9. - Height and threshold elevations.

Height. No new construction shall exceed twenty-eight (28) feet measured from the vertical distance from the front door threshold of the existing residential structure to the highest point of the roof of the proposed residential structure. If the new construction would require alteration or eradication of the original threshold, then the original elevation shall be measured and certified by a licensed surveyor or engineer. If no such dwelling existed on the same lot, height shall be measured from the average elevation of the existing natural grade at the front building line.

Threshold. The proposed front door threshold elevation for infill buildings on infill lots shall not be more than two (2) feet higher than the front door threshold elevation of the residential structure that existed on the lot prior to demolition.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.6.10. - Height limitations and an administrative variance.

Infill building height within any Residential Infill Overlay District shall not exceed twenty-eight (28) feet.

The height of a structure on an infill lot in this overlay district may exceed twenty-eight (28) feet if the applicant for a building permit establishes to the satisfaction of the planning director that the highest peak of the residential structures on both lots immediately adjacent to the infill lot exceed twenty-eight (28) feet. However, in no case shall the variances exceed thirty-five (35) feet in height. All administrative variances that are granted or denied by the planning director shall be in writing and shall contain detailed reasons for the granting or denial of the variance. Notice of an application for an administrative variance shall be posted on the subject property for a period of not less than ten (10) days from the date of application and prior to decision.

If the placement of a telecommunications tower or antenna within any Residential Infill Overlay District in excess of twenty-eight (28) feet in height is mandated by federal law, said tower or antenna, in addition to meeting all other standards and criteria applicable thereto, shall meet the following design requirements:

(Ord. No. 15-06, 8-25-2015)

Sec. 3.6.11. - Demolition permits.

In addition to the requirements of chapter 7 of the Code, the site plan submitted in connection with an application for a demolition permit within any Residential Infill Overlay District shall show the infill building height and shall show that the proposed front door threshold elevation for infill buildings on infill lots is not more than two (2) feet higher than the front door threshold elevation of the residential structure that existed on the lot prior to demolition. No demolition permit for property within any Residential Infill Overlay District shall be issued unless the applicant for a demolition permit has submitted a site plan that shows the height of the proposed structure measured in the manner specified in this division of the Code.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.6.12. - Exemption for existing structures that are destroyed by an act of nature.

All provisions of this division including height restrictions, and any applicable height restrictions in section 7-31.1, 7-31.2 and 7-31.3 shall not apply in the event that a residential structure on an infill lot is destroyed or damaged by fire or other act of nature. In the event of such destruction, the residential structure may be rebuilt and used exactly as it existed and was used prior to damage, so long as said reconstruction is completed within two (2) years of the date of damage.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.6.13. - Repealer.

Lots within all Residential Infill Overlay Districts created by the board of commissioners between January 1, 2005, and January 27, 2009, shall be governed by the applicable Residential Infill Overlay District regulations set forth in this Code. Sections 3.6.1 through 3.6.12 that remain codified solely for the purpose of regulating the existing Residential Infill Overlay Districts.

No application pursuant to section 3.6.4 shall be filed with the planning director, or considered by the community council, planning commission or the board of commissioners after January 27, 2009.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.7.1.- Scope of the regulations and applicability.

This division establishes standards and procedures that apply to any development that lies, in whole or in part, within the Leafmore Creek Park Hills Overlay District.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.7.2. - Statement of purpose and intent.

The purpose and intent in establishing the Leafmore Creek Park Hills Overlay District is as follows:

To implement the policies and objectives of the comprehensive plan and the zoning ordinance of DeKalb County within the overlay district.

To ensure that new structures and developments are compatible with the height, size and level of forestation of the existing dwellings and lots;

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

To preserve the visual appearance of the subject neighborhood, and;

To preserve the existing economic and social structure of the neighborhood.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.7.3. - District map and boundaries.

The boundaries of the Leafmore Creek Park Hills Overlay District shall be established by a zoning map amendment adopted pursuant to this chapter which amendment shall be incorporated herein and made a part of this chapter 27.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.7.4. - Principal uses and structures.

The principal uses of land and structures that are allowed in the Leafmore Creek Park Hills Overlay District are as provided by the applicable underlying zoning district, subject to the limitations and standards contained within this division.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.7.5. - Accessory uses and structures.

The accessory uses of land and structures that are allowed in the Leafmore Creek Park Hills Overlay District are as provided by the applicable underlying zoning district, subject to the limitations and standards contained within this division.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.7.6. - Architectural regulations.

The regulations outlined below shall only apply to land where an existing single-family dwelling is altered or demolished and replaced by new construction as defined below. Except as provided herein, nothing contained in these regulations shall or is intended to restrict the right of property owners to make improvements, additions, or modifications to existing structures. The following architectural regulations shall apply to all principal buildings within the Leafmore Overlay District:

New construction. New construction shall mean a situation where thirty-five (35) percent or more of the square footage, or thirty-five (35) percent or more of the roof of an existing single-family dwelling is demolished and new structures or portions are constructed thereupon.

Height. No new construction dwelling unit shall have a height greater than twenty-eight (28) feet as measured from the threshold of the main entrance of the existing dwelling units to the topmost point of the roof of the proposed new construction. If the new construction would require alteration or eradication of the original threshold, then the original elevation thereof shall be certified by a registered surveyor or professional engineer prior to alteration and shall be submitted with the application for any demolition or building permits.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.8.1.- Scope of regulations and applicability.

This division establishes standards and procedures that apply to any development that lies, in whole or part, within the Sagamore Hills Overlay District.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.8.2. - Statement of purpose and intent.

The purpose and intent in establishing the Sagamore Hills Overlay District is as follows:

To implement the policies and objectives of the comprehensive plan and zoning ordinance of DeKalb County within the overlay district;

To ensure that new structures and developments are compatible with the height, size and level of forestation of the existing dwellings and lots;

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

To preserve the visual appearance of the subject neighborhood; and

To preserve the existing economic and social structure of the neighborhood.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.8.3. - District map and boundaries.

The boundaries of the Sagamore Hills Overlay District shall be established by a zoning map amendment adopted pursuant to this chapter which amendment shall be incorporated herein and made a part of this chapter 27.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.8.4. - Principal uses and structures.

The principal uses of land and structures that are allowed in the Sagamore Hills Overlay District are as provided by the applicable underlying zoning district, subject to the limitations and standards contained within this division.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.8.5. - Accessory uses and structures.

The accessory uses of land and structures that are allowed in the Sagamore Hills Overlay District are as provided by the applicable underlying zoning district, subject to the limitations and standards contained within this division.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.8.6. - Maximum height of structures.

Within the Sagamore Hills Overlay District, no building shall exceed a height of twenty-eight (28) feet. Height shall be measured by one (1) of the following alternate methods:

From the average existing grade as measured along the building setback line to the top of the highest roof structure; or

From the threshold of the main entrance of an existing dwelling to the top of the highest roof structure. In the case of an infill building that would require alteration or demolition of the original threshold; the original elevation thereof shall be measured and certified by a licensed surveyor or professional engineer. The certified elevation shall be submitted as a part of the application for any demolition permit or building permit.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.9.1.- Scope of regulations and applicability.

This division establishes standards and procedures that apply to any development that is in whole or part within The Ponderosa-II Overlay District Ordinance.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.9.2. - Statement of purpose and intent.

The purpose and intent in establishing the Ponderosa-II Overlay District Ordinance is as follows:

To implement the policies and objectives of the comprehensive plan and zoning ordinance of DeKalb County within the overlay district ordinance;

To ensure that new structures and developments are compatible with the height, size and level of forestation of the existing dwellings and lots;

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

To preserve the visual appearance of the subject neighborhood; and

To preserve the existing economic and social structure of the neighborhood.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.9.3. - District map and boundaries.

The boundaries of the Ponderosa-II Overlay District Ordinance are established and recorded in the DeKalb County Plat Book 33, Page 66.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.9.4. - Principal uses and structures.

The principal uses of land and structures that are allowed in the Ponderosa-II Overlay District Ordinance are as provided by the applicable underlying zoning district ordinance, subject to the limitations and standards contained within this division.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.9.5. - Accessory uses and structures.

The accessory uses of land and structures that are allowed in the Ponderosa-II Overlay District Ordinance are as provided by the applicable underlying zoning district ordinance, subject to the limitations and standards contained within this division.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.9.6. - Architectural regulations.

New construction. New Construction shall mean a situation where thirty-five (35) percent or more of the square footage, or thirty-five (35) percent or more of the roof, of an existing single-family dwelling is demolished and new structures or portions of structures are constructed thereupon.

Height. No new construction dwelling unit shall have a height greater than twenty-eight (28) feet as measured from the threshold of the main entrance of the existing dwelling unit to the topmost point of the roof of the proposed new construction. If the new construction would require alteration or eradication of the original threshold, then the original elevation thereof shall be certified by a registered surveyor or professional engineer prior to alteration and shall be submitted with the application for any demolition or building permits.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.9.7. - Administrative variances regarding height for infill development.

Infill building height within the Meadow Cliff Subdivision Overlay District shall not exceed twenty-eight (28) feet.

The height of a structure on an infill lot in this overlay district may exceed twenty-eight (28) feet if the applicant for a building permit establishes to the satisfaction of the planning director that the highest peak of the residential structures on both lots immediately adjacent to the infill lot exceed twenty-eight (28) feet. However, in no case shall the variances exceed thirty-five (35) feet in overall height. All administrative variances that are granted or denied by the planning director shall be in writing and contained a detailed reason for granting or denial of the variance. Notice of an application for an administrative variance shall be posted on the subject property for a period not less than ten (10) days from the date of the application and prior to decision.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.9.8. - Severability.

Each of the provisions included in section 3.9.6 above is separate, distinct and severable from the other and remaining provisions of this regulation, and that the invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision or provisions of this regulation.

(Ord. No. 15-06, 8-25-2015)

Editor's note— Sunset provision. In the event that county-wide infill legislation, which is as restrictive or more restrictive than the regulations set forth in section 3.9.6 above, becomes fully implemented and effective, including withstanding any administrative or court challenges, then the Meadowcliff Subdivision Overlay District Ordinance shall become null and void and the provisions hereof shall be of no further force and effect.

Sec. 3.10.1.- Applicability of regulations.

This division establishes standards and procedures that apply to any development that lies in whole or in part within the Meadowcliff Subdivision Head Overlay District.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.10.2. - Statement of purpose and intent.

The purpose and intent in establishing the Meadowcliff Subdivision Overlay District is as follows:

To implement the policies and objectives of the comprehensive plan and the zoning ordinance of DeKalb County within the overlay district;

To ensure that new developments are compatible with the height, size and level of forestation of the existing dwellings and lots;

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

To preserve the visual appearance of the subject neighborhood; and

To preserve the existing economic and social structure of the neighborhood.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.10.3. - District boundaries and initiation of map amendments.

The boundaries of the Meadowcliff Subdivision Overlay District shall be established by zoning map amendment adopted pursuant to this chapter which shall be incorporated herein and made a part of this chapter 27. The map amendment shall be incorporated herein and made a part of this chapter 27. The map amendment shall be initiated a) by one (1) or more members of the board of commissioners or b) by official action of the planning commission or c) by application by all property owners lying within the proposed zoning overlay boundary as provided in section 27-781 [sic].

(Ord. No. 15-06, 8-25-2015)

Sec. 3.10.4. - Principle uses and principle structures.

The principle uses of land and structures that are allowed in the Meadowcliff Subdivision Overlay District are as provided by the applicable underlying zoning district subject to the limitations and standards contained within this division.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.10.5. - Accessory uses and accessory structures.

The accessory uses of land and structures that are allowed in the Meadowcliff Subdivision Overlay District are as provided by the applicable underlying zoning district subject to the limitations and standard contained within this division.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.10.6. - Architectural regulations.

The regulations outlined below shall only apply to land where an existing single family dwelling is altered or demolished and replaced by new construction as defined below. Except as provided herein, nothing contained in these regulations shall or is intended to restrict the right of property owners to make improvements, additions or modifications to existing structures. The following architectural regulations shall apply to all principle buildings with the Meadowcliff Subdivision Overlay District Ordinance.

New construction. New construction shall mean a situation where thirty-five (35) percent or more of the square footage, or thirty-five (35) percent or more of the roof, of the existing single family dwelling is demolished and new structures or portions of structures are constructed thereupon.

Height. No new construction dwelling shall have a height greater than twenty-eight (28) feet as measure[d] from the threshold of the main entrance of the existing dwelling unit to the topmost point of the roof of the proposed new construction. I[f] the new construction would require alteration or eradication of the original threshold, then the original elevation thereof shall be measure[d] and certified by a registered surveyor or professional engineer prior to alteration and shall be submitted with the application for any demolition or building permits.

Grade. The front door threshold elevation for new construction shall not be more than two (2) feet greater than the front door threshold elevation of the residential structure that existed on the lot prior to demolition.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.10.7. - Administrative variances regarding height for infill development.

Infill building height within the Meadow Cliff Subdivision Overlay District shall not exceed twenty-eight (28) feet.

The height of a structure on an infill lot in this overlay district may exceed twenty-eight (28) feet if the applicant for a building permit establishes to the satisfaction of the planning director that the highest peak of the residential structures on both lots immediately adjacent to the infill lot exceed twenty-eight (28) feet. However, in no case shall the variances exceed thirty-five (35) feet in overall height. All administrative variances that are granted or denied by the planning director shall be in writing and contained a detailed reason for granting or denial of the variance. Notice of an application for an administrative variance shall be posted on the subject property for a period not less than ten (10) days from the date of the application and prior to decision.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.10.8. - Severability.

Each of the provisions included in section 3.10.6 above is separate, distinct and severable from the other and remaining provisions of this regulation, and that the invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision or provisions of this regulation.

(Ord. No. 15-06, 8-25-2015)

Editor's note— Sunset provision. In the event that county-wide infill legislation, which is as restrictive or more restrictive than the regulations set forth in section 3.10.6 above, becomes fully implemented and effective, including withstanding any administrative or court challenges, then the Meadowcliff Subdivision Overlay District Ordinance shall become null and void and the provisions hereof shall be of no further force and effect.

Sec. 3.11.1.- Applicability of regulations.

This division establishes standards and procedures that apply to any development that is in whole or in part within the Diamond Head Overlay District.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.11.2. - Statement of purpose and intent.

The purpose and intent in establishing the Diamond Head Overlay District is as follows:

To implement the policies and objectives of the comprehensive plan and the zoning ordinance of DeKalb County within the overlay district;

To ensure that new developments are compatible with the height, size, and level of forestation of the existing dwellings and lots;

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

To preserve the visual appearance of the subject neighborhood; and

To preserve the existing economic structure of the neighborhood.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.11.3. - District boundaries.

The boundaries of the Diamond Head Overlay District shall be established by zoning map amendment adopted pursuant to this chapter which amendment shall be incorporated herein and made a part of this chapter 27.

[Note: The above is the same language used in both the Dunwoody and Candler Road Overlay Districts]

(Ord. No. 15-06, 8-25-2015)

Sec. 3.11.4. - Principal uses and principal structures.

The principal uses of land and structures that are allowed in the Diamond Head Overlay Districts are as provided by the applicable underlying zoning district subject to the limitations and standards contained within this division.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.11.5. - Accessory uses and accessory structures.

The accessory uses of land and structures that are allowed in the Diamond Head Overlay District are as provided by the applicable underlying zoning district subject to the limitations and standards contained within this division.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.11.6. - Maximum height of buildings.

Within the Diamond Head Overlay District, no building shall exceed a height of twenty-eight (28) feet. Height shall be measured by one of the following alternate methods:

From the average existing grade as measured along the building setback line to the top of the highest roof structure; or

From the threshold of the main entrance of an existing dwelling to the top of the highest roof structure. In the case of an infill building that would require alteration or demolition of the original threshold, the original elevation thereof shall be measured and certified by a licensed surveyor or professional engineer. The certified elevation shall be submitted as a part of the application for any demolition or building permit.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.11.7. - Severability.

Each of the provisions included above is separate, distinct and severable from the other and remaining provisions of this regulation, and that the invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision or provisions of this regulation.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.12.1.- Scope of the regulations, applicability and boundaries.

This division establishes standards and procedures that apply to any development that lies, in whole or in part, within the Oak Grove Acres Overlay District. The boundaries of the Oak Grove Acres Overlay District shall be established by a zoning map amendment adopted pursuant to this chapter which amendment is incorporated herein and made a part of this chapter 27. The provisions of this Code including but not limited to the provisions of division 8 of this article shall govern the demolition, new construction and residential development in whole or in part with any area of the Oak Grove Acres Overlay District.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.13.1.- Reserved.

Editor's note— In October 2008, the Superior Court of DeKalb County held that section 27-1011(3.13.1) was null and void. Therefore, said provisions have been removed from the Code and the section reserved.

Sec. 3.14.1.- Scope of the regulations, applicability and boundaries.

This division establishes standards and procedures that apply to any development that lies, in whole or in part, within the Lively Trail Overlay District. The boundaries of the Lively Trail Overlay District shall be established by a zoning map amendment adopted pursuant to this chapter which amendment is incorporated herein and made a part of this chapter 27. The provisions of this Code including but not limited to the provisions of division 8 of this article shall govern the demolition, new construction and residential development in whole or in part with any area of the Lively Trail Overlay District.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.15.1.- Scope of the regulations, applicability and boundaries.

This division establishes standards and procedures that apply to any development that lies, in whole or in part, within the Fair Oaks Forest Subdivision Overlay District. The boundaries of the Fair Oaks Forest Subdivision Overlay District shall be established by a zoning map amendment adopted pursuant to this chapter which amendment is incorporated herein and made a part of this chapter 27. The provisions of this Code including but not limited to the provisions of division 8 of this article shall govern the demolition, new construction and residential development in whole or in part with any area of the Fair Oaks Forest Subdivision Overlay District.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.16.1.- Scope of the regulations, applicability and boundaries.

This division establishes standards and procedures that apply to any development that lies, in whole or in part, within the Fama Pines Community Overlay District. The boundaries of the Fama Pines Community Overlay District shall be established by a zoning map amendment adopted pursuant to this chapter which amendment is incorporated herein and made a part of this chapter 27. The provisions of this Code including but not limited to the provisions of division 8 of this article shall govern the demolition, new construction and residential development in whole or in part with any area of the Fama Pines Community Overlay District.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.17.1.- Scope of the regulations, applicability and boundaries.

This division establishes standards and procedures that apply to any development that lies, in whole or in part, within the Briarmoor Manor and Brookdale Park Community Overlay District. The boundaries of the Briarmoor Manor and Brookdale Park Community Overlay District shall be established by a zoning map amendment adopted pursuant to this chapter which amendment is incorporated herein and made a part of this chapter 27. The provisions of this Code including, but not limited to, the provisions of division 8 of this article govern the demolition, new construction and residential development in whole or in part with any area of the Briarmoor Manor and Brookdale Park Community Overlay District.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.18.1.- Scope of the regulations, applicability and boundaries.

This division establishes standards and procedures that apply to any development that lies, in whole or in part, within the August Arden Overlay District. The boundaries of the August Arden Overlay District shall be established by a zoning map amendment adopted pursuant to this chapter which amendment is incorporated herein and made a part of this chapter 27. The provisions of this Code including, but not limited to, the provisions of division 8 of this article shall govern the demolition, new construction, and residential development in whole or in part with any area of the August Arden Overlay District.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.19.1.- Scope of the regulations, applicability and boundaries.

This division establishes standards and procedures that apply to any development that lies, in whole or in part, within the Bruce Road Community Overlay District. The boundaries of the Bruce Road Community Overlay District shall be established by a zoning map amendment adopted pursuant to this chapter which amendment is incorporated herein and made a part of this chapter 27. The provisions of this Code including but not limited to the provisions of division 8 of this article shall govern the demolition, new construction, and residential development in whole or in part with any area of the Bruce Road Community Overlay District.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.20.1.- Scope of the regulations, applicability and boundaries.

This division establishes standards and procedures that apply to any development that lies, in whole or in part, within the Coralwood Drive and Court Overlay District. The boundaries of the Coralwood Drive and Court Overlay District shall be established by a zoning map amendment adopted pursuant to this chapter which amendment is incorporated herein and made a part of this chapter 27. The provisions of this Code including, but not limited to, the provisions of division 8 of this article shall govern the demolition, new construction, and residential development in whole or in part with any area of the Coralwood Drive and Court Overlay District.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.21.1.- Scope of the regulations, applicability and boundaries.

This division establishes standards and procedures that apply to any development that lies, in whole or in part, within the Flair Forest Overlay District. The boundaries of the Flair Forest Overlay District shall be established by a zoning map amendment adopted pursuant to this chapter which amendment is incorporated herein and made a part of this chapter 27. The provisions of this Code including, but not limited to, the provisions of division 8 of this article shall govern the demolition, new construction, and residential development in whole or in part with any area of the Flair Forest Overlay District.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.22.1.- Scope of regulations and applicability.

This division establishes the standards and procedures that apply to any development, use, alteration, structure, or natural growth on any lot or portion thereof which is, in whole or in part, contained within the boundaries of the Emory Village Overlay District ("the overlay district").

In order to achieve the purposes and intent of the Emory Village Overlay District, the board of commissioners finds that it is necessary and desirable to add, delete, and/or modify some of the regulations on the lots, buildings, structures, and land uses within this overlay district. Both the underlying zoning district regulations and these overlay district regulations shall apply. Where applicable, authorized uses and structures shall be as set forth in section 3.22.4. Where there are conflicts between the Emory Village Overlay District regulations and other regulations in chapter 27, said overlay district regulations shall govern.

(Ord. No. 2023-0906, Pt. I, 9-28-23)

Sec. 3.22.2. - Statement of purpose and intent.

The purpose and intent of the board of commissioners in establishing the Emory Village Overlay District is to protect and promote the health, safety, and welfare of the citizens of DeKalb County as follows:

Preserve and promote the mixed-use district in the area known as Emory Village that is appropriate in size, scale, and density to serve adjacent residential neighborhoods, the Emory University campus, Emory hospitals and clinics, and the nearby Centers for Disease Control and Prevention;

Ensure a compatible and diverse mix of residential, commercial, civic, cultural and recreational uses;

Protect, conserve, and enhance environmental resources including streams and floodplains;

Support public access to stream corridors;

Promote a coherent, yet not sterile or overly repetitious, architectural identity for the overlay district;

Promote pedestrian safety and convenience, the safe management of traffic, and public transit by reducing off-street parking requirements, promoting shared parking facilities, adding bicycle lanes, and implementing traffic calming techniques and improved pedestrian use and accessibility;

Protect established residential areas from encroachment of land uses that are incompatible or that would adversely impact them, and prevent incompatible land uses from encroaching along North Decatur Road and Oxford Road into residential areas;

Complement the DeKalb County Historic Preservation Ordinance (chapter 13.5) and the Druid Hills Historic District design standards (the "Design Manual for Druid Hills Local Historic District");

Further implement the Emory Village revitalization plan and related policies of the DeKalb County Comprehensive Plan;

Encourage appropriate infill development in accordance with the Emory Village revitalization plan, the DeKalb County Comprehensive Plan, the DeKalb County Historic Preservation Ordinance (chapter 13.5) and the Druid Hills Historic district design standards (the "Design Manual for Druid Hills Local Historic District"), and in accordance with the United States Secretary of the Interior's standards for the treatment of historic properties;

Support the implementation of the 2003 Regional Development Plan and the relevant portions of the livable centers' initiative of the Atlanta Regional Commission;

Rehabilitate and preserve the urban fabric of the overlay district. New structures must continue the pattern and rhythm of the existing buildings and must remain consistent with the historic development of the overlay district and supportive of the use of the environment by pedestrians;

Encourage new building technologies and design approaches while preserving historic features and compliance with this overlay district's regulations, chapter 13.5, and the Design Manual for Druid Hills Local Historic District; and

Make improvements to the overlay district based on changing needs and desires, with input from all stakeholder groups.

(Ord. No. 2023-0906, Pt. I, 9-28-23)

Sec. 3.22.3. - District boundary.

The boundaries of the Emory Village Overlay District were established by the zoning map amendment adopted pursuant to this chapter, which amendment, together with the May 22, 2007, Emory Village regulating plan (diagram E), is hereby incorporated herein and made a part of this chapter 27 and adopted as if fully set forth herein.

(Ord. No. 2023-0906, Pt. I, 9-28-23)

Sec. 3.22.4. - Definitions.

For the purposes of this overlay district, certain terms and words are hereby defined. Where words/terms are not herein defined, refer to section 27-9.1.3.

Authorized: Allowed, allowable.

Build-to-line: The line generally parallel to the front lot line as established in Table A of the Emory Village Overlay District.

Building story and open-air space: A porch, open-air patio, or deck may be considered part of or an entire building story on any authorized level. They may be part of restaurants and bars. When on the ground (first) level, porches and open-air patios shall be enclosed for at least seventy-five (75) percent of the perimeter along the build-to-line by either planting beds or planters that extend horizontally at least twenty-four (24) inches from the build-to-line and/or by a code-compliant guardrail.

Cigar bar: an establishment that is open to the public where cigars are sold for consumption on and off the premises, and space and seating are provided for patrons to sit and smoke cigars.

Emory Village regulating plan: The document entitled "Emory Village Regulating Plan" prepared for the Alliance to Improve Emory Village by Tunnell-Spangler-Walsh & Associates, dated March 23, 2007, and incorporated herein by this reference.

Emory Village Revitalization Plan: The plan prepared for the Alliance to Improve Emory Village by Peter Drey & Company, dated September 25, 2002.

Furniture zone: Furniture zones accommodate trees, street furniture (waste receptacles, benches, bike racks), utility poles, fire hydrants, traffic signs, bus shelters, public information kiosks, and similar and necessary elements as approved by the county. Furniture zones may also contain outdoor dining.

Open-air patio, porch, and deck: See "building story and open-air spaces" above.

Open-air restaurant and bar: Restaurants and/or bars that may be fully or partially open to the sky and which may constitute all or part of any level above the first level and no higher than the uppermost permitted level or story of a building. As an example, where a building zone limits a structure to four (4) stories, a rooftop patio restaurant and/or bar may be on the second, third, or fourth level, and it may be fully or partially open to the sky.

Short-term rental: Transient occupancy of a residential dwelling, or a portion thereof, that is rented for the purpose of overnight lodging during a period of time not to exceed thirty (30) consecutive days.

Sidewalk level: A building story having a finished floor within one (1) vertical foot above or below the adjacent build-to-line and a minimum depth of thirty (30) feet, excluding parking levels.

Smoke/tobacco/vape shop or store: Any business dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco products or paraphernalia, vape products, or any combination thereof. This definition excludes grocery stores; convenience stores; small-box, discount retail stores; or other similar retail establishments in which cigar, cigarette, vape, and tobacco product sales comprise no more than ten (10) percent of total sales.

Village open space: That portion of the Emory Village Overlay District, whether on public or private property, which is open and unobstructed from ground level to the sky, with the exception of natural foliage or accessory recreational facilities or walkways, which is accessible to all persons excluding areas for vehicular use such as driveways and parking lots. Village open space that appears on the Emory Village regulating plan, dated March 23, 2007, is included within this definition.

(Ord. No. 2023-0906, Pt. I, 9-28-23)

Sec. 3.22.5. - Principal authorized and prohibited uses and structures.

Principal uses and structures. The following principal uses of land and structures shall be authorized in the overlay district by-right. In all cases, buildings may contain more than one (1) of these uses.

Alcohol outlet (retail store):

Package store (principal use).

Beer and/or wine (principal use).

Barber shops, beauty salons, and similar establishments.

Bed and breakfast.

Hotel/motel (limited to a maximum of one hundred twenty-five (125) rooms and with no guest rooms located on the sidewalk level).

Catering establishment and/or shared commercial kitchen.

Child day care center (kindergarten) - seven (7) or more children.

College or university (and accessory research and training facilities).

Dry cleaning agencies, pressing establishments, and laundry pick-up stations.

Finance office and banking.

10.

Fitness center (including but not limited to, exercise studios, yoga studios, karate studios, and small gyms).

11.

Health services clinic.

12.

Home healthcare service.

13.

Hospice.

14.

Medical and dental offices and laboratories.

15.

Indoor recreation (bowling alleys, movie theaters, and similar activities conducted wholly indoors).

16.

Theaters with live and recorded performances, assembly and concert halls, and similar entertainment within enclosed building (limited to a closing time of 12:30 a.m.).

17.

Multi-family dwelling.

18.

Office (including but not limited to attorneys, doctors, dentists, therapists, engineers, architects, realtors, researchers, and accountants or similarly scaled uses).

19.

Parcel services and mail centers.

20.

Physical therapy treatment centers.

21.

Place of worship.

22.

Private kindergarten, elementary, middle, and high schools.

23.

Repair services for furniture, and home appliances, computers and other electronics.

24.

Restaurant (non-drive-thru).

25.

Retail use including but not limited to grocery stores, clothing stores, gift shops, and pharmacies. See subsection D (below) for prohibited uses.

26.

Single-family, attached (townhouse type or stacked dwelling units) with or without other uses on the ground level floor, and only in Zones 1 and 4 (see Emory Village regulating plan), and without garages, carports, or parking pads facing the street.

27.

Specialized school.

28.

Tutoring center.

29.

Vocational school.

Special land use permit uses. The following uses and structures shall be authorized only by Special Land Use Permit (SLUP) from the board of commissioners:

Wireless telecommunications towers (stealth design up to one hundred fifty (150) feet).

Home occupations involving customer contact, subject to the allowances of section 4.2.31.

Special administrative permit uses.

Home occupations involving no customer contact and no employee other than a person residing on the premises may be permitted by a special administrative permit from the director of planning and sustainability.

Art shows, carnival rides and special events of community interest, for a period of less than four (4) days duration up to four (4) times per year and for one (1) day up to twelve (12) times a year upon the granting of special administrative permits in accordance with section 27-4.3 temporary use regulations.

Prohibited uses. The following principal uses of land and structures are expressly prohibited in the overlay district. If not expressly permitted, (above) in subsection A, B, or C, the use is not allowed in the overlay district:

Adult day care center (of any size).

Adult entertainment and/or service establishment.

Agricultural uses (including keeping of pigeons, livestock, and riding stables).

Animal boarding and daycare.

Automobile service stations and/or fuel pumps.

Bus or rail stations or terminals (but designated places for ride sharing are allowed).

Cemetery, columbarium, and mausoleum.

Convents and monasteries.

Dormitory.

10.

Drive-through facilities (primary or accessory-banks, laundries, and/or other businesses, except as permitted per article 8 (nonconformities)).

11.

Dwellings, single-family, detached.

12.

Fraternity and/or sorority house.

13.

Funeral home or mortuary.

14.

Heliport.

15.

Hospital or accessory ambulance service (including any general medical, surgical, psychiatric and specialty hospitals).

16.

Hotel/motel with more than one hundred twenty-five (125) rooms.

17.

Minor or major automobile repair.

18.

Nightclub or late-night establishment (including hookah lounges).

19.

Nursing care facility and/or convalescent home.

20.

Personal care home or community living arrangements (of any size).

21.

Private ambulance and emergency medical services.

22.

Private or public golf course or clubhouses.

23.

Restaurant (with a drive-thru configuration).

24.

Retail automobile parts or tire stores.

25.

Mini or multi, self-storage.

26.

Shelter for homeless persons (of any size).

27.

Short-term rental (excludes hotels and bed & breakfast establishments).

28.

Smoke, tobacco, or vape store or shop (including cigar bars).

29.

Outdoor recreation (miniature golf, batting cages, tennis, go-cart, and other recreational activities).

30.

Trailer or RV salesroom and lot.

31.

Transitional housing facility.

Principal uses by building level. Uses within a multi-level, mixed-use building must comply with all of the following requirements:

Basement level. See Diagram A for illustration.

Levels largely or fully below ground may only contain parking, building services, electrical and mechanical rooms, storage, and any other suitable authorized use.

Basement spaces that are partially or fully less than five (5) feet below ground may only contain any of the authorized uses stipulated for sidewalk level.

Sidewalk level/ground floor.

The sidewalk level or ground floor of a building shall be limited to the nonresidential uses or residential uses as described in subsection b (below).

Residential uses shall be prohibited at sidewalk or ground floor level except for Zones 1 and 4 on South Oxford Road near Burbanck Park and across from Glenn Memorial Church. In these zones, townhouses, apartments, and condominiums are allowed provided that parking is provided only along the rear of the units and there are no street-facing garages or carports.

Sidewalk level may include open-air spaces such as patios and porches that are contiguous or accessory to a restaurant, bar, store, hotel, bed and breakfast, and/or used for outdoor dining and drinking, sitting, and/or sales. Also see accessory uses (section 3.22.6).

Second stories.

Second stories shall be limited to the following principal uses: retail uses and restaurants that are part of the same businesses on the ground floor and are physically adjoined; schools (or portions thereof); health service clinics; hotels and bed and breakfast establishments that are on one (1) or more adjoining levels (above and/or below); multi-family dwelling units; single-family, attached dwelling units; and office uses.

Second stories may include open-air spaces such as patios and porches that are contiguous or accessory to restaurant, bar, store, hotel, bed and breakfast, and/or used for outdoor dining and drinking, sitting, and/or sales. Also see accessory uses (section 3.22.6).

Third and fourth stories.

Third and fourth stories shall be limited to the following principal uses: offices; multi-family dwelling units; single-family, attached dwelling units; hotels or bed and breakfast establishments that are on adjoining levels (above or below).

Third and fourth stories may include open-air spaces such as patios and porches that are contiguous or accessory to restaurant, bar, store, hotel, bed and breakfast, and/or used for outdoor dining and drinking, sitting, and/or sales. Also see accessory uses (section 3.22.6).

(Ord. No. 2023-0906, Pt. I, 9-28-23)

Sec. 3.22.6. - Accessory uses, buildings, and structures.

Accessory uses, buildings, and structures incidental to any authorized principal use, as defined in article 9 and/or this division, shall be permitted, as established below:

Parking lots and parking garages are only authorized if these facilities are accessory to principal uses and structures that are authorized in the overlay district.

Existing drive-through facilities or drive-through service windows, subject to article 8 (nonconformities) and applicable design guidelines.

Pocket parks, playgrounds (fenced), dog parks (fenced), bocce and similar small-scale sports activity areas, and food trucks in designated areas.

Art shows, carnivals, and special events of community interest, subject to section 3.22.5 C.

Temporary outdoor sales of food and merchandise, including farmers markets and pop-up shops and restaurants, are allowed, as often as twice weekly, upon the granting of a special administrative permit, in accordance with section 4.3 (temporary use regulations).

Ride share services (including taxis) and bus/shuttle stops.

Businesses with existing drive-throughs in the overlay district that relocate to a mixed-use development within the overlay district are permitted to include a drive-through provided the drive-through is not visible from the street and is accessed by driveway, alley, parking lot, or parking deck.

Pedestrian-oriented walk-up windows.

Existing porches, awnings, pavilions, pergolas, and open-air cafes shall be permitted to remain as nonconforming structures if they are accessory to an existing principal structure otherwise authorized in the overlay district.

10.

Establishments may include open-air spaces, such as patios and porches, that are contiguous or accessory to a restaurant, store, hotel, bed and breakfast, and/or used for outdoor dining and drinking, sitting, and/or sales. These may include rooftop restaurants, dining, and/or beverage service (see section 3.22.4 for applicable definitions).

11.

Home occupations, subject to section 3.22.5 B or C.

12.

Alcohol outlet—beer and/or wine (accessory to retail less than 12,000 square feet).

(Ord. No. 2023-0906, Pt. I, 9-28-23)

Sec. 3.22.7. - Distance requirements for wine stores and package stores located in the Emory Village Overlay District.

No person knowingly and intentionally may sell or offer to sell at retail for off-site consumption:

Any wine, malt beverages, or distilled spirits within:

Three hundred (300) feet of any church or place of worship;

Three hundred (300) feet of any adult entertainment establishment;

Six hundred (600) feet of any alcoholic treatment or substance abuse center owned and operated by the state, county, or municipality; or

One hundred fifty (150) feet of another wine store or package store, unless such uses are (1) collocated on the same property; and (2) owned and/or operated by the same person(s) or entity.

There is no distance requirement between a (1) wine store; or (2) package store and any school building, school grounds, educational facility, or college campus.

(Ord. No. 2023-0906, Pt. I, 9-28-23)

Sec. 3.22.8. - Lot setbacks and build-to-lines.

Setback and build-to-line requirements shall be as follows:

Build-to-lines shall be as established in Table 3.5 and as shown on the Emory Village regulating plan.

At least seventy-five (75) percent of the length of the front sidewalk level and second-story façade shall be set at the build-to-line or be within five (5) horizontal feet of it. This requirement does not apply to recessed sidewalk level doors or pedestrian access.

Nothing in this section shall prevent sidewalk level storefronts from being recessed behind the façade.

There shall be no build-to-line requirement for the third and fourth stories.

Awnings and canopies and other architectural elements as permitted by the design manual for Druid Hills Local Historic District are not considered in the building façade line determination. Permanent structures other than buildings, such as ATMs and similar elements, shall not be located closer to the street than the building façade lines.

Table 3.5: Build-to-Lines

Emory Village Build-to Line Requirements
Location	Build-To-Lines
Adjacent to contributing historic commercial structures and superseding other requirements of this table	Historic front façade locations
N. Decatur Road (west of Oxford Road)	Twenty (20) feet from property line
N. Decatur Road (east of Oxford Road, unless specified)	Twenty-five (25) feet from curb line **
1485 Oxford Road	Fifteen (15) feet from curb line *
Oxford Road (east side south of N. Decatur Road, unless specified)	Twenty-five (25) feet from front lot line **
Oxford Road (west side south of N. Decatur Road)	Twenty-five (25) feet from curb line ***
Oxford Road at North Decatur Road (east corner)	As shown on regulating plan
Oxford Road (all other areas)	Front lot line

* Curb lines shall be based on the locations established by the Emory Village streetscape and roundabout project.

** Curb lines shall be based on the location established by the Emory Village streetscape and roundabout project. Where on-street parallel parking is created, the required build-to-line shall be reduced by an amount equal to the depth of said space.

*** Curb lines shall be based on the location established by the Emory Village streetscape and roundabout project. Where on-street parallel parking is created, the required build-to-line shall be measured from the curb line adjacent to said space. Furthermore, where the build-to-line falls within the public right-of-way, said build-to-line shall only be required after said right-of-way has been conveyed to the adjoining property owner. In the absence of such conveyance, the build-to-line shall be the front lot line.

Side yard setbacks.

Along the side lot lines adjoining an R-75 zoning district: a minimum seven (7) foot setback from the property line is required in the overlay district, and subject to any other applicable regulations.

Along all other side lot lines: zero (0) feet or a minimum separation between adjacent buildings of seven (7) feet.

Rear yard setback. Zero (0) feet or a minimum separation between buildings of seven (7) feet and subject to section 3.22.12.

Setback from contributing historic structures. Notwithstanding subsections A, B, and C above, new buildings shall not be located between an existing contributing historic structure and the street. Additionally, within a minimum distance of fifteen (15) feet from said structure (as measured from the exterior wall) no new structure shall have a front setback less than or equal to the setback of said historic structure.

(Ord. No. 2023-0906, Pt. I, 9-28-23)

Sec. 3.22.9. - Maximum height of buildings.

The maximum height of buildings shall be based upon the zones shown on the Emory Village regulating plan dated March 23, 2007, adopted by the board of commissioners as part of the official zoning map amendment previously incorporated herein by reference, and updated in 2022.

The maximum permitted building height shall be regulated by both the number of stories and the total building height, subject to the following restrictions:

The sidewalk level in Zones 2, 3, and 4 shall have a minimum height of twelve (12) feet and a maximum height of eighteen (18) feet above the closest build-to-line except as authorized in Zones 3 and 4 for parking levels.

The sidewalk level in Zone 1 shall have a minimum height of nine (9) feet and a maximum height of twelve (12) feet above the closest build-to-line.

All other stories shall have a minimum height of nine (9) feet and a maximum height of twelve (12) feet; and

Stories of buildings not meeting the parameters of B.1. through B.3. are prohibited.

Within Zones 1, 2, and 4 and unless otherwise limited by a fixed elevation above mean sea level, the maximum height of sidewalk levels and buildings in feet shall be measured from a horizontal plane established at the finished grade's highest elevation along the closest adjacent build-to-line adjoining said parcel. Parcels with more than one hundred twenty (120) feet of frontage along a build-to-line shall establish the finished grade's maximum elevation and accompanying building height limit not less than once for every one hundred twenty (120) linear feet of frontage.

No building shall be less than two (2) stories in height along the build-to-line. See definition of a building story, section 3.22.4.

The maximum height of buildings shall meet each requirement below within each zone:

Zone 1:

Diagram A: Zone 1 Heights

Maximum height shall not exceed three (3) stories or thirty-six (36) feet above the adjacent build-to-line, whichever is less. Accessory roof structures that are not permanently affixed and parapet walls, not exceeding thirty (30) inches, shall be excluded.

See Diagram A for illustration.

Zone 2:

Diagram B: Zone 2 and 3 Height

See Diagram B for illustration.

Zone 3:

Maximum height shall not exceed four (4) stories or fifty-four (54) feet above the adjacent build-to-line, whichever is less. Accessory roof structures that are not permanently affixed and parapet walls, not exceeding thirty (30) inches, shall be excluded. For the purpose of calculating the number of stories in this zone, parking levels shall be treated as being two-thirds (⅔) of a story.

See Diagram B for illustration.

Zone 4:

Diagram C: Zone 4 Heights

In no case shall any structure, including authorized parapet walls, extend beyond nine hundred fifty (950) feet above mean sea level.

See Diagram C for illustration.

Basements and below-grade parking levels shall not count towards the minimum and maximum number of stories.

The foundation of buildings fronting build-to-lines shall not extend higher than one (1) foot above the build-to-lines.

Diagram E: Emory Village Regulating Plan.

(Ord. No. 2023-0906, Pt. I, 9-28-23)

Sec. 3.22.10. - Square footage requirements.

Residential uses. There are no minimum or maximum square footage requirements for apartments, condominiums, or other residential uses within the Emory Village Overlay District.

Diagram D: Size Limits for Food Stores, Other Retail, Restaurants, and Services

Retail, restaurants, and services. Retail, restaurant, and service uses shall be subject to the following size limits.

Except for a retail use with at least seventy (70) percent of floor area dedicated to the sale of food items, no individual retail use or service use shall occupy a horizontal area greater than nine thousand (9,000) square feet on one (1) level or a total floor area of twelve thousand (12,000) square feet if on two (2) levels.

Retail uses with at least seventy (70) percent of the floor area dedicated to the sale of food items and nonalcoholic beverages may occupy a maximum horizontal area of twelve thousand (12,000) square feet regardless of number of levels.

Outside areas used for dining, retail, and other functions shall not count towards the square footage limits.

Offices. There are no minimum or maximum square footage requirements for offices.

(Ord. No. 2023-0906, Pt. I, 9-28-23)

Sec. 3.22.11. - Open space and lot coverage requirements.

Open space shall include:

Public rights-of-way or other publicly owned lands.

The portion of property between the build-to-line and the public right-of-way.

The portion of property within the seventy-five (75) foot stream buffer imposed by chapter 14 of the Code.

The portion of property within established one hundred (100) year flood zone established by FEMA.

Buildings shall not be constructed in areas identified in subsections A.2. and A.3.

The maximum lot coverage on lots not impacted by subsections A.2., A.3. and A.4. may be one hundred (100) percent.

Covenants or other legal arrangements shall specify ownership of all open spaces, the method of and responsibility for maintenance, applicable taxes and insurance and assessment shall be incorporated into legal instruments to ensure that open space within the Emory Village Overlay District is maintained.

(Ord. No. 2023-0906, Pt. I, 9-28-23)

Sec. 3.22.12. - Transitional buffer zones.

Wherever any proposed nonresidential use abuts a single-family, residential use, a continuous evergreen landscape hedge no less than six (6) feet tall and four (4) feet deep at planting shall be required as a buffer along the entire adjoining lot line, except within twelve (12) feet of a public right-of-way. No building may be placed within seven (7) feet of the boundary line between such lots.

(Ord. No. 2023-0906, Pt. I, 9-28-23)

Sec. 3.22.13. - Architectural design standards.

All buildings, structures and land within the overlay district shall be regulated by and comply with the Emory Village design standards and hereby adopted by reference as if fully set forth herein and hereinafter referred to as the "Emory Village Design Standards." These standards provide design specifications for architecture, parking, landscaping, signs, fences, lighting, street furniture and utilities. All improvements to existing buildings requiring a building permit, all new buildings, all improvements to parking lots or garages, any subdivision of land, and all improvements made within a public right-of-way shall comply with the Emory Village design standards.

All sides of parking structures that face a street or shall be enclosed by occupied space and shall comply with the Emory Village design standards.

The planning and sustainability director or designee is hereby authorized and directed to administer the Emory Village design standards. These standards as well as the regulations set forth in this division and base zoning regulations shall be the criteria used by the planning director or designee to evaluate compliance of all applications including but not limited to, building permits, development permits, and subdivisions.

Subject to compliance with Georgia Department of Transportation (GDOT) design standards (where applicable), all improvements to public infrastructure including, but not limited to, streets, curbs, sidewalks, pedestrian crosswalks, street trees, street lighting, stormwater management and drainage, shall comply with the requirements of chapter 14 of this Code and, in addition, to all other standards in this division and the Emory Village design standards. In the event of conflicts between this division and the Emory Village design standards, the Emory Village design standards shall govern.

(Ord. No. 2023-0906, Pt. I, 9-28-23)

Sec. 3.22.14. - Sidewalks.

Requirement. Unless sidewalks meeting the conditions established below already exist, new sidewalks along all street frontages shall be required for new structures. Sidewalks are required on all of the sides of a structure that border the public right-of-way. They shall connect with the sidewalks on adjoining properties.

Sidewalk width. Sidewalks shall be of the widths indicated below and shall consist of two (2) zones: a furniture zone and a clear zone.

The furniture zone shall have a minimum width of:

Ten (10) feet on the south side of North Decatur Road, east of Oxford Road;

Ten (10) feet on the west side of Oxford Road, south of North Decatur Road; and

Five (5) feet at all other locations; and

Said widths shall be in addition to any existing or newly created on-street parking.

The sidewalk clear zone shall have a minimum width of:

Fifteen (15) feet on the south side of North Decatur Road, east of Oxford Road;

Fifteen (15) feet on the west side of Oxford Road, south of North Decatur Road; and

Ten (10) feet at all other locations.

(Ord. No. 2023-0906, Pt. I, 9-28-23)

Sec. 3.22.15. - Curb cuts.

A maximum of one (1) curb cut is permitted for each parcel with the exception of properties with frontage on more than one (1) street, which may have one (1) curb cut located on each frontage, and with the exception of a hotel. Curb cuts shall not be placed within one hundred (100) feet of another existing curb cut on the same property. The total number of curb cuts should be minimized, and adjoining properties shall be encouraged to share curb cuts to reduce interruptions to the sidewalks.

Curb cuts shall be between twenty (20) and twenty-four (24) feet wide for two-way entrances. Curbs cuts shall be between ten (10) and twelve (12) feet wide for one-way entrances.

(Ord. No. 2023-0906, Pt. I, 9-28-23)

Sec. 3.22.16. - Parking requirements.

Minimum number of parking spaces. All land uses indicated shall provide off-street parking spaces in the quantities specified in Table B "Standards for Off-Street Parking: Emory Village Overlay District." All uses not listed therein shall meet the parking requirements of the underlying zoning district.

Table B: Standards for Off-Street Parking

Standards for Off-Street Parking: Emory Village District
Use	Minimum Off-Street Parking Requirements
Offices uses, service uses, and retail uses	Two (2) spaces per one thousand (1,000) square feet of floor area
Movie theaters, places of worship, & other places of entertainment, meetings, & gatherings	Two (2) spaces per one thousand (1,000) square feet of floor area
Food services with and without alcohol	Four (4) spaces per one thousand (1,000) square feet of floor area
Residential uses	One (1) space per dwelling unit regardless of the number of bedrooms

Shared parking. To satisfy these parking requirements, parking may be located on the businesses/restaurants/residences lots and/or on other lots within the overlay district. Shared parking between land uses within the overlay district is encouraged and may result in permitted reductions of off-street parking requirements. Parking facilities within the overlay district may be shared if the uses generate parking demands primarily at different times of the day or if a use has excess off-street parking capacity. Applicants may submit a plan for shared parking to the director of planning or designee for authorization of shared parking. Such plans shall include:

A scaled map indicating location of all proposed parking spaces;

Written consent of all property owners to the shared or off-site parking arrangement.

Parking reductions. The director of planning is hereby authorized to grant or deny, pursuant to the sections 7.6.6., 7.6.7, and 7.6.8 (administrative variances), an administrative variance which permits the reduction of the total required parking spaces for the uses by no more than twenty (20) percent of the otherwise required total.

Changes in use. Any change in use of a building, shop or leased area shall require compliance with the parking standards in this section as a prerequisite to obtaining a certificate of occupancy.

Parking design.

On-street parking for nonresidential uses is permissible, subject to approval by the County Public Works Department and/or GDOT. An establishment may count any permitted on-street parking spaces immediately abutting the subject property towards the required minimum parking quantity. This may include valet service or ride-share services.

All on-street parking shall be provided in parallel parking spaces at least eight (8) feet by twenty-two (22) feet.

Off-street parking for townhomes, apartments, and condominiums in Zones 1 and 4 (see Diagram E) must be provided in the rear. Off-street parking shall not be located in the front yard, between a building and the street. Spaces designated for permanent parking and loading shall be permitted within the front yard where provision of adequate parking spaces within the rear is impractical and upon issuance of a variance from the zoning board of appeals.

Authorized accessory parking garages fronting public right-of-way shall align with build-to lines and shall have ground level commercial uses on at least seventy-five (75) percent of the length of the façades facing the public right-of-way.

Parking entries shall comply with required curb cut standards.

Parking structure facades shall be designed to resemble other habitable buildings. All sides of parking structures shall be subject to the Emory Village design standards. Sloping ramps shall be concealed from exterior view. Views from the public rights-of-way and adjoining properties to the interior of structures shall be screened with architectural devices or evergreen plantings.

All newly proposed parking lots and parking spaces shall conform to the geometric design standards set forth in chapter 27, article 6, table 6.1.

All newly proposed parking lots, garages, and parking spaces shall comply with the site design guidelines outlined in these Emory Village Overlay District regulations.

All newly created surface parking lots and parking decks shall have walkways or pedestrian passages with a minimum width of five (5) feet. They shall connect the public sidewalks to the parking areas.

10.

One (1) bicycle/moped/scooter parking space shall be provided for every fifteen (15) automobile parking spaces, with no fewer than three (3) bicycle/moped parking spaces per parking facility.

11.

In every parking structure, at least one (1) electric vehicle charger or alternative clean fueling station shall be provided for every ten (10) vehicle parking spaces.

12.

Parking lots and structures shall be evenly lit at an intensity equal to at least two-tenths (0.2) footcandle of light. Cutoff luminaires shall be used to prevent light spillage and direct glare on to neighboring properties. Lights in parking areas shall be no taller than twenty (20) feet.

13.

All newly proposed parking lots and parking spaces shall comply with the requirements of the Americans with Disabilities Act (ADA) and any other applicable state or federal law.

No other use. No parking space, driveway, or parking lot shall be used for the sale, repair, dismantling, servicing, or long-term (i.e., beyond forty-eight (48) hours) storage of any vehicle or equipment.

(Ord. No. 2023-0906, Pt. I, 9-28-23)

Sec. 3.22.17. - Sign regulations.

All signs within the Emory Village Overlay District shall be regulated by and comply with both chapter 21 of this Code and the Emory Village design standards.

(Ord. No. 2023-0906, Pt. I, 9-28-23)

Sec. 3.22.18. - Processes: Application procedure, plans required, certificates of appropriateness.

Conceptual plan review. Prior to application for any development permit, building permit, sign permit or other permit required for construction or alteration of the exterior of structures or sites in the overlay district, the applicant shall meet with the director of planning or designee. The applicant shall provide architectural plans, site plan and other information explaining how the proposal meets the purpose, intent, and standards of this division of the Code.

Required applications and plans. An applicant for any development permit, building permit, sign permit or other permit required for construction or alteration of structures or sites in the overlay district shall submit an application for certificate of compliance with the overlay district's regulations on an approved form to the director of planning or designee.

Historic preservation review. New construction or any material change in the exterior of an existing building, structure, site, or work of art within the Emory Village Overlay District shall also require a certificate of appropriateness approved by the historic preservation commission pursuant to chapter 13.5 of this Code. The director of planning or designee shall consolidate all plan reviews and comments in a written submission to the historic preservation commission.

Variances. Applications for variances from regulations not contained in this division but for properties located within the overlay district shall not require a certificate of appropriateness from the historic preservation commission. Instead, the director of planning or designee shall provide all variance applications arising under chapter 14 or 27 of this Code to the historic preservation commission for study and investigation within five (5) business days of receipt of the application. The historic preservation commission shall issue a recommendation within forty-five (45) days of receipt of the variance application. No application for a variance under chapter 14 or 27 shall be considered complete until such time as the historic preservation commission has had an opportunity to provide its recommendation in writing. If no written recommendation is issued within the applicable time frame, then the planning commission and/or the zoning board of appeals shall construe the recommendation to be for approval. A recommendation for approval or denial of a variance by the historic preservation commission shall not be binding on the zoning board of appeals or the planning commission.

Subdivision and lot adjustments. Any material change resulting in a new subdivision, a preliminary "sketch" plat, lot aggregation, or lot alteration shall require a certificate of appropriateness prior to consideration by planning commission or the director of planning (or designee), as applicable. The historic preservation commission shall approve, approve with modifications, or deny an application within forty-five (45) days of the official acceptance of the application and plat. No application for sketch plat approval shall be considered by the planning commission unless approved or approved with modifications by the historic preservation commission.

(Ord. No. 2023-0906, Pt. I, 9-28-23)

Sec. 3.22.20. - Emory Village design standards.

(Ord. No. 2023-0906, Pt. I, 9-28-23)

Sec. 3.23.1.- Scope of the regulations, applicability and boundaries.

This division establishes standards and procedures that apply to any development that lies, in whole or in part, within the Green Acres Overlay District. The boundaries of the Green Acres Overlay District shall be established by a zoning map amendment adopted pursuant to this chapter which amendment is incorporated herein and made a part of this chapter 27. The provisions of this Code including, but not limited to, the provisions of division 8 of this article shall govern the demolition, new construction, and residential development in whole or in part with any area of the Green Acres Overlay District.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.25.1.- Scope of the regulations, applicability and boundaries.

This division establishes standards and procedures that apply to any development that lies, in whole or in part, within the Lavista Acres Overlay District. The boundaries of the Lavista Acres Overlay District shall be established by a zoning map amendment adopted pursuant to this chapter which amendment is incorporated herein and made a part of this chapter 27. The provisions of this Code including but not limited to the provisions of division 8 of this article shall govern the demolition, new construction, and residential development in whole or in part with any area of the Lavista Acres Overlay District.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.26.1.- Scope of the regulations, applicability and boundaries.

This division establishes standards and procedures that apply to any development that lies, in whole or in part, within the Beacon Hill Boulevard Overlay District. The boundaries of the Beacon Hill Boulevard Overlay District shall be established by a zoning map amendment adopted pursuant to this chapter which amendment is incorporated herein and made a part of this chapter. The provisions of this Code, including, but not limited to, the provisions of division 8, shall govern the demolition, new construction, and residential development in whole or in part with any area of the Beacon Hill Boulevard Overlay District.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.27.1.- Scope of the regulations, applicability and boundaries.

This division establishes standards and procedures that apply to any development that lies, in whole or in part, within the Springbrook Estates Overlay District. The boundaries of the Springbrook Estates Overlay District shall be established by a zoning map amendment adopted pursuant to this chapter which amendment is incorporated herein and made a part of this chapter. The provisions of this Code, including, but not limited to, the provisions of division 8 shall govern the demolition, new construction, and residential development in whole or in part with any area of the Springbrook Estates Overlay District.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.28.1.- Scope of the regulations, applicability and boundaries.

This division establishes standards and procedures that apply to any development that lies, in whole or in part, within the Mount Brian-Berkeley Overlay District. The boundaries of the Mount Brian-Berkeley Overlay District shall be established by a zoning map amendment adopted pursuant to this chapter which amendment is incorporated herein and made a part of this chapter. The provisions of this Code, including, but not limited to, the provisions of division 8 shall govern the demolition, new construction, and residential development in whole or in part with any area of the Mount Brian-Berkeley Overlay District.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.29.1.- Scope of the regulations, applicability and boundaries.

This division establishes standards and procedures that apply to any development that lies, in whole or in part, within the Echo Hills Sunset Overlay District. The boundaries of the Echo Hills Sunset Overlay District shall be established by a zoning map amendment adopted pursuant to this chapter which amendment is incorporated herein and made a part of this chapter. The provisions of this Code, including, but not limited to, the provisions of division 8 shall govern the demolition, new construction, and residential development in whole or in part with any area of the Echo Hills Sunset Overlay District.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.31.1.- Scope of the regulations, applicability and boundaries.

This division establishes standards and procedures that apply to any development that lies, in whole or in part, within the Echo Lake Overlay District. The boundaries of the Echo Lake Overlay District shall be established by a zoning map amendment adopted pursuant to this chapter which amendment is incorporated herein and made a part of this chapter. The provisions of this Code, including, but not limited to, the provisions of division 8 shall govern the demolition, new construction, and residential development in whole or in part with any area of the Echo Lake Overlay District.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.32.1.- Scope of the regulations, applicability and boundaries.

This division establishes standards and procedures that apply to any development that lies, in whole or in part, within the Fairstone Overlay District. The boundaries of the Fairstone Overlay District shall be established by a zoning map amendment adopted pursuant to this chapter which amendment is incorporated herein and made a part of this chapter. The provisions of this Code, including, but not limited to, the provisions of division 8 shall govern the demolition, new construction, and residential development in whole or in part with any area of the Fairstone Overlay District.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.32.5.1.- Scope of the regulations, applicability and boundaries.

This division establishes standards and procedures that apply to any development that lies, in whole or in part, within the Ramble Woods Overlay District. The boundaries of the Ramble Woods Overlay District are established by a zoning map amendment adopted pursuant to this chapter which amendment is incorporated herein and made a part of this chapter 27. The provisions of this Code including, but not limited to, the provisions of division 8 of this article shall govern the demolition, new construction, and residential development in whole or in part with any area of the Ramble Woods Overlay District.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.33.1.- Scope of regulations.

This division establishes standards and procedures that apply to any development, use, alteration, height, density, parking, open space, and building on any lot or portion thereof which is in whole or in part contained within the boundaries of the I-20 Corridor Compatible Use Overlay District. This division shall be governed by chapter 27, article 3, division 1, section 3.2.1 of the DeKalb County Zoning Ordinance.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.33.2. - Applicability of regulations.

This division applies to each application for a business license, land disturbance permit, building permit or a sign permit which involves the development, use, alteration, or modification of any structure where the subject property is in whole or in part contained within the boundaries of any of the I-20 Corridor Compatible Use Overlay District. The procedures, standards, and criteria herein apply only to that portion of the subject property within the boundaries of the I-20 Corridor Compatible Use Overlay District.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.33.3. - Statement of purpose and intent.

The purpose and intent of the board of commissioners in establishing the I-20 Corridor Compatible Use Overlay District is as follows:

To encourage development and redevelopment of properties within the district in order to achieve a variety of mixed-use communities;

To provide for the development of sidewalks and walkways in order to promote safe and convenient pedestrian access and to reduce dependence on automobiles and other motorized means of transportation;

To promote physically attractive, environmentally safe and economically sound mixed-use communities;

To permit and to encourage mixed-use developments containing both commercial and residential uses so as to create a pedestrian oriented communities in which people can live, work and play; and

To improve the visual appearance and increase property values within the I-20 corridor and to implement the objectives of the comprehensive plan;

To enhance the long-term economic viability of the portion of DeKalb County within the overlay by encouraging new commercial and residential developments that increase the tax base and provide employment opportunities to the citizens of DeKalb County;

To implement the policies and objectives of the DeKalb County Comprehensive Plan 2005-2025 and the policies and objectives of the design standards for the I-20 Corridor Compatible Use Overlay District;

To establish and maintain a balanced relationship between industrial, commercial, and residential growth to ensure a stable and healthy tax base in DeKalb County;

To provide a balanced distribution of regional and community commercial and mixed-use office centers;

To support high-density housing in office and mixed-use centers which have the appropriate location, access, and infrastructure to support such development;

To encourage mixed-use developments that meet the goals and objectives of the Atlanta Regional Commission's Smart Growth and Livable Centers Initiatives;

To focus and encourage formation of well designed, pedestrian-friendly activity centers with high-density commercial and residential development that increases vitality and choices in living environments for the citizens of DeKalb County;

To promote uniform and visually aesthetic architectural features which serve to unify the distinctive visual quality of the I-20 corridor area.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.33.4. - District boundaries and maps.

The I-20 Corridor Overlay District shall be comprised of the following six (6) areas that are centered along the roadways that intersect with Interstate 20: the Panola Road area; the Snapfinger Woods area; the Wesley Chapel Road area; the I-20/I-285 interchange area; the Candler Road corridor and the Gresham Road area.

The boundaries of the Interstate 20 Corridor Compatible Use Overlay District shall be established by a zoning map amendment dated March 12, 2009, which is adopted contemporaneously with the adoption of this section and which is incorporated by reference as if fully set forth herein and made a part of this chapter.

The I-20 Corridor Overlay District shall be divided into three (3) tiers to guide future development and redevelopment. The tiers are based on the future land use recommendations.

Tier 1—High-intensity area focused around the four (4) activity centers of Panola, Wesley Chapel, Candler Road and the Gresham Road area. The purpose of this tier is to allow the most intense mixed-use development. The goal is to allow for redevelopment of the oversized parking areas with new buildings including retail, office, and residential on one (1) parcel to decrease the need for vehicular trips. The maximum height shall be up to twenty (20) stories and sixty (60) dwelling units/acre.

Tier 2—Medium-intensity area wraps around the high-intensity area or at the locations of Snapfinger Woods and I-20/I-285 intersections. The purpose of this tier is to allow medium-density development in a mixed-use development. The maximum height shall be up to eight (8) stories and allows for up to forty (40) dwelling units per acre, with the exception of the properties that front on Parklake Drive, which shall be up to eight (8) stories in height and up to sixty (60) dwelling units per acre.

Tier 3—Low-intensity area which provides for a transition from the higher-intensity areas and more compatibility to the single-family neighborhoods adjacent to the overlay boundaries. The maximum height shall be up to four (4) stories and allows up to forty (40) dwelling units per acre.

The planning and development director shall be the final authority to determine whether any property is located within the boundaries of this section.

(Ord. No. 15-06, 8-25-2015; Ord. of 5-26-2022, Pt. I, 5-26-2022)

Sec. 3.33.5. - Principal uses and structures.

The principal uses of land and structures which are allowed in the I-20 Corridor Overlay District are as provided by the applicable zoning district, subject to the limitations and standards contained within this division. All properties zoned C-1 (Local Commercial) District, C-2 (General Commercial) District, O-I (Office-Institutional) District, O-D (Office-Distribution) District, M (Industrial) and any RM (Multi-Family Residential) District shall be used in accordance with the underlying zoning district and/or for the following principal uses of land and structures in mixed use developments subject to the standards and limitations contained within this division.

Animal hospital, veterinary clinic, pet supply store, animal grooming shop, and boarding and breeding kennel as an interior accessory use.

Art gallery and art supply store.

Automobile services as follows:

Minor automobile repair and maintenance, subject to the requirements of section 4.2.14.

Retail automobile parts and tire stores.

Bank, credit union and other similar financial institution.

Business service establishment.

Child day care center and kindergarten.

Communications uses as follows:

Radio and television broadcasting station.

Telephone business office.

Community facilities as follows:

Cultural facilities.

Noncommercial club or lodge.

Utility structure necessary for the transmission or distribution of service.

Dwellings including apartments, condominiums, and multifamily units. Mixed-use developments may include any combination above plus retail or office uses, subject to the requirements of the I-20 Overlay District regulations.

Educational uses as follows:

Vocational schools.

Private elementary, middle or high school.

Specialized nondegree schools to include ballet, music, martial arts, etc.

Movie theater, bowling alley, and other recreational facilities where such activities are wholly enclosed within a building. Nightclubs are permitted only in Tier 1 (maximum ten thousand (10,000) square feet in floor area), subject to approval of the planning and development director and business license requirements.

Office uses, including the following and similar service, business and professional office uses as follows:

Accounting, auditing and bookkeeping office.

Engineering and architectural office.

Building and construction contractor.

Financial services office.

Insurance office.

Legal office.

Medical office.

Real estate office.

Wholesale sales office.

Place of worship.

Restaurants.

Retail sales as follows:

Apparel and accessories store.

Book, greeting card, and stationery store.

Camera and photographic supply store.

Computer and computer software store.

Convenience store.

Farm and garden supply store.

Florist.

Food stores including bakeries.

Furniture, home furnishings and equipment store.

10.

General merchandise store.

11.

Gift, novelty, and souvenir store.

12.

Hardware store.

13.

Hobby, toy and game store.

14.

Jewelry store.

15.

Music and musical equipment store.

16.

News dealers and newsstand.

17.

Office supplies and equipment store.

18.

Quick copy printing store.

19.

Radio, television and consumer electronics store.

20.

Specialty store.

21.

Sporting goods and bicycle store.

22.

Variety store.

23.

Videotape sales and rental store.

Retail building supplies as follows:

Electrical supply store.

Hardware and other building materials establishments.

Paint, glass and wallpaper store.

Services, medical and health as follows:

Health service clinic.

Medical and dental laboratories.

Offices of health service practitioners.

Pharmacy and drugstore.

Private ambulance and emergency medical services.

Services, personal, as follows:

Barber shop, beauty shop, and similar personal service establishments.

Laundry and dry-cleaning store.

Funeral home.

Linen and diaper service, garment pressing, alteration and repair.

Photographic studios.

Services, repair, as follows:

Home appliance repair and service.

Jewelry repair service.

Radio, television and similar home appliance repair service.

Furniture upholstery and repair shop.

Shoe repair store.

Shopping center.

Taxi stand and taxi dispatching office.

Tennis center, club and facilities.

Fitness center and health center.

Hotel.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.33.6. - Prohibited uses.

The following principal uses of land and structures shall be prohibited within the I-20 Corridor Compatible Use Overlay District:

Boarding and breeding kennels as a primary use.

Storage yard for damaged automobiles or confiscated automobiles.

Tire retreading and recapping.

Adult entertainment establishments.

Adult service facility.

Go-cart concession.

Outdoor equipment and materials storage.

Heavy repair shop and trade shop.

Extended stay motels.

10.

Used cars sales as a primary use.

11.

Temporary and/or seasonal outdoor sales.

12.

Title and pawn shops.

13.

Liquor stores.

14.

Night clubs excluded in Tiers 2 and 3.

15.

Salvage yards/junk yards.

16.

Self-service car wash and detailing.

17.

Self storage.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.33.7. - Accessory uses and structures.

The following accessory uses of land and structures shall be authorized in the I-20 Corridor Compatible Use Overlay District:

Accessory uses and structures incidental to any authorized use.

Parking lots and parking garages.

Club house, including meeting room or recreation room.

Swimming pools, tennis courts, and other recreation areas and similar amenities.

Signs, in accordance with the provisions of chapter 21 and this chapter.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.33.8. - Special permits.

The following uses and structures shall be authorized only by permits of the type indicated:

Special administrative permit from the director of planning and sustainability as referenced in section 4.2.21, commercial recreation and entertainment:

Art shows, carnival rides, festivals and special events of community interest.

Temporary outdoor social, religious, entertainment or recreation activity where the time period does not exceed fourteen (14) days duration, adequate parking is provided on the site.

Telecommunications antennas that are incorporated in architectural features such as steeples, clock towers, water towers and attached to the top of high-rise buildings subject to requirements of section 4.2.50.

Outdoor recreation/entertainment facilities.

Special land use permit from the board of commissioners:

Heliport.

Special administrative permit from the director of planning and sustainability, as referenced in section 4.3.1, temporary use regulations:

Temporary produce stand, as follows:

A temporary produce stand shall be only allowed as an accessory use.

A temporary produce stand can only operate between the months of March through October, per calendar year, subject to special administrative permit approval.

Temporary produce stands must comply with the general requirements of section 4.3.1. (temporary outdoor uses: general requirement). Where the requirements of the overlay district and the general requirements conflict, the overlay standards shall apply.

(Ord. No. 15-06, 8-25-2015; Ord. of 8-10-2021(2), Pt. I; Ord. No. 2021-2645, § Pt. I, 8-10-2021)

Sec. 3.33.9. - Development standards.

The following requirements shall apply to all structures in the I-20 Corridor Overlay District:

Building setbacks. The following requirements apply:

Minimum front yard setback. Zero (0) feet from right-of-way of public street where the distance between the back of curb and property line is fifteen (15) feet in width or greater.

Minimum interior side yard. Ten (10) feet. In mixed-use developments there shall be a minimum of fifteen (15) feet between buildings and structures less than two (2) stories in height and a minimum of twenty (20) feet between buildings and structures when one (1) of them is greater than two (2) stories in height, and a minimum of twenty-five (25) feet between buildings when one (1) of them is greater than five (5) stories in height.

Minimum rear yard. Ten (10) feet.

Height of building and structures. All buildings and structures within the I-20 Corridor Overlay District shall comply with the height restrictions for the development category in which the subject parcels are located. The I-20 Corridor Overlay District shall be comprised of three (3) development categories. The height restrictions are as follows:

Tier 1—Buildings and structures shall not exceed twenty (20) stories.

Tier 2—Buildings and structures shall not exceed eight (8) stories.

Tier 3—Buildings and structures shall not exceed four (4) stories.

A building in the I-20 Corridor Compatible Use Overlay District may exceed any of the limitations specified by an application to the board of commissioners for a special land use permit. A parking deck may exceed five (5) stories in height; however, a parking deck shall not exceed ten (10) stories either as a separate deck structure or as part of an office building.

Density. No development shall exceed a floor-area ratio (FAR) of three and one-half (3.5), unless it also provides additional public space or other amenities singly, or in combination as provided in paragraph D. below.

Density bonus. The maximum allowable FAR of a building or development in a Tier 1 Zone shall be increased to a FAR not to exceed a total of five and one-half (5.5) in exchange for one (1) or more of the additional amenities provided in the table below:

Table 3.9

Maximum Bonus Floor Area Ratio in Interstate 20 Corridor Compatible Use Overlay
Additional Amenity	Increased FAR
Increase public space to 25 percent while providing connectivity	0.75
Increase public space to 30 percent while providing connectivity	1.50
The nonresidential component of mixed-use developments shall constitute not less than 30 percent of the gross floor area of the development.	0.25
Mixed-use building that includes multifamily residential units constituting at least 40 units per acre of land, and constructed in the same building with office-institutional, commercial and retail uses.	0.5

Required parking. Required parking may be provided through a combination of off-street, on-street, or shared parking provided that all required parking is located with seven hundred (700) feet of the principal entrance of buildings which it is intended to serve. The minimum number of required parking spaces shall be as provided in article 6, except as follows:

Retail uses, personal service uses, and other commercial and general business uses, including food stores—Minimum of four (4) spaces per one thousand (1,000) square feet of gross floor area.

Office and clinic uses—Minimum of three (3) spaces per one thousand (1,000) square feet of gross floor area.

Hotel and motel uses—Minimum of one (1) space per unit.

Multifamily residential uses—Minimum of one and one-quarter (1.25) spaces per dwelling unit.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.33.10. - Open space requirements.

A minimum of twenty (20) percent open space shall be provided for each new development. Open space areas may be transferred from one parcel to another within overall developments that remain under unified control of a single property owner or group of owners, but must demonstrate interconnectedness of public areas.

Open spaces shall be at grade, and surrounded by a mix of uses directly accessible from a public sidewalk and building entrances.

Open spaces may include any combination of the following: yards, planted areas, fountains, parks, plazas, trails and paths, hardscape elements related to sidewalks and plazas, and similar features which are located on private property and accessible to the general public; on-street parking; and natural stream buffers shall be permitted to be counted toward the twenty (20) percent open space requirement.

Private courtyards and other private outdoor amenities may be located at the interior of the block, behind buildings or on rooftops. Private courtyards and outdoor amenities shall not be counted toward the twenty (20) percent requirement.

All open space including buffers, setbacks, sidewalk clear zones, sidewalk zones and open spaces shall be fully implemented prior to issuance of a certificate of occupancy for the primary development.

Each applicant shall present as a part of the application for a building permit within the I-20 Corridor Overlay District a legal mechanism under which all land to be used for public space purposes shall be maintained and protected. Such legal mechanism may include deed restrictions, property owner associations, common areas held in common ownership or control, maintenance easements, or other legal mechanisms, provided that said legal mechanism shall be approved by the county attorney as assuring each of the following mandatory requirements:

That all subsequent property owners within said I-20 Corridor Overlay District be placed on notice of this development restriction through the deed records of DeKalb County Superior Court;

That all public space held in common will be properly maintained and insured with no liability or maintenance responsibilities accruing to the county;

When an applicant for an I-20 Corridor Overlay District chooses to utilize a property owners association in order to comply with the requirements of subsection A. above, the applicant, in addition to meeting all of said requirements, shall provide for all of the following:

Mandatory and automatic membership in the property owners association as a requirement of property ownership;

A fair and uniform method of assessment for dues, maintenance and related costs;

Where appropriate, party wall maintenance and restoration in the event of damage or destruction; and

Continued maintenance of public space held in common and liability through the use of liens or other means in the case of default.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.33.11. - Transitional buffer zone and transitional height requirements.

Where a lot on the external boundary of the I-20 Corridor Overlay District adjoins the boundary of any property outside the district that is zoned for any R zoning classification, RM zoning classification, MHP zoning classification, or TND zoning classification, a transitional buffer of not less than thirty (30) feet in width shall be provided and maintained in a natural state or so as to maintain an effective visual screen. Said transitional buffer zone shall not be paved or otherwise covered with impervious surfaces and shall not be used for parking, loading, storage or any other use, except that portions of the transitional buffer zone may be utilized for installation of utilities when necessitated by the development, and when the applicant shows that the utilities cannot be located outside of the transitional buffer zone. Water detention ponds shall not be located within the transitional buffer zones. No trees, other than dead or diseased trees, shall be removed from said transitional buffer zone, but additional trees and plant material may be added to the transitional buffer zone.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.33.12. - Architectural regulations.

The following architectural regulations shall apply to all uses and structures within the I-20 Corridor Overlay District. The architectural style within the I-20 Corridor Overlay Districts shall be governed by the I-20 Corridor Design Standards.

All building façades visible from the public street shall consist of concrete, stone, brick or stucco.

Architectural accents, where utilized, shall consist of non-reflective glass, glass block, natural stone, pre-cast concrete, brick, terra cotta, stucco or wood.

Seventy-five (75) percent of the width of the front façade of the building at the ground level shall consist of fenestration.

Roof materials shall not consist of any reflective surface.

All exterior painted surfaces, where visible from the public street, shall be painted in earth tones. Colors shall be nonprimary colors including darker and cooler shades of green, red such as brick, yellow including beige, and lighter shades of brown including tan.

Burglar bars and steel roll-down doors or curtains shall not be visible from the public street.

Service bays for automobile service and repair uses shall be designed so that the openings of service bays are not visible from a public street.

Chain-link fences shall not be visible from the public right-of-way and metal or temporary awnings are not permitted within the district.

Dumpsters shall not be visible from the public street and shall be fenced or screened so as not to be visible from any adjoining residential district.

Fabric and canvas awnings and all other building materials must be of durable quality and shall be compatible with materials used in adjoining buildings.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.33.13. - Landscaping requirements.

The following landscaping regulations shall apply to all uses within the I-20 Corridor Overlay District, with the exception of mixed-use developments. Such developments shall require the submittal of a landscape plan for approval.

Landscape strips. Any landscape strip shown as part of final design package shall not be less than five (5) feet in width and shall be provided along all side and rear property lines. The landscape strip in the front yard shall be a minimum of ten (10) feet in width and shall be planted with a row of street trees of at least three and one-half (3½) inches in caliper selected from the list of street trees species identified in the design standards for the I-20 Corridor Overlay District and planted not less than seventy-five (75) feet on center. Continuous landscaped strips shall be constructed along public rights-of-way except at points of ingress or egress into the facility.

Ground cover. Ground cover shall also be provided in accordance with the design guidelines for the I-20 Corridor Overlay District in order to protect tree roots and to prevent erosion. Ground cover shall consist of evergreen shrubs or groundcover plant material mulched with pine bark mulch, or other similar landscaping material.

New trees. Newly planted trees shall conform to the design guidelines for the I-20 Corridor Overlay District.

Tree spacing. No tree shall be planted closer than two (2) feet from the street or sidewalk, and no closer than five (5) feet from a fire hydrant, sign post, streetlight standard, utility pole, or similar structure.

Parking lot landscaping requirements. All parking lots within the I-20 Corridor Overlay District shall be landscaped pursuant to the requirements of section 5.4.4.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.33.14. - Sidewalks, street tree planting zone, landscaping and ground cover requirements, and curb cuts.

Sidewalk requirement. There shall be a public sidewalk constructed along all public street frontages contiguous to all properties within the I-20 Corridor Overlay Districts. The sidewalk shall be located five (5) feet from the curb and shall be ten (10) feet in width. The five-foot zone adjacent to the curb shall be the street tree-planting zone. In blocks where there are overhead utility lines, the director of planning and development may authorize a two-foot planting zone from the curb with the five-foot tree-planting zone to be located at the sidewalk.

Street tree planting. Street trees of a caliper that is not less than three (3) inches shall be planted no less than thirty (30) feet between centerlines along properties within the district having street frontage. Trees of the following type shall be used:

Crape myrtle, standard trunk.

October glory red maple.

Sunset maple.

Nuttal oak (Quercus nattalli).

Shumard oak (Quercus shumardii).

Willow oak.

Zelkova serrata.

Ginkgo (Ginkgo biloba).

Trident maple (Acer buergeranum).

10.

Allee lacebark elm (Ulmus parvifolia emer (II).

Maintenance of trees and ground cover. All street trees and other trees and all ground cover required by this chapter or by chapter 14 of the Code shall be maintained in a healthy condition, and any trees or ground cover which die shall be replaced within the earliest possible planting season.

Curb cuts. There shall be a minimum distance of twenty-five (25) feet between curb cuts. Curb cuts shall not be permitted within one hundred (100) feet of the intersection of any two (2) public streets and shall not be more than twenty-four (24) feet wide.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.33.15. - Underground utilities.

Underground utilities. All utilities except for major electric transmission lines and substations are required to be placed underground except where the director of development determines that underground utilities are not feasible due to pre-existing physical conditions, such as conflicting underground structures or utilities, shallow rock, high water table, or other similar geologic or hydrologic conditions.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.33.16. - Streetlights and street furnishings.

Streetlights and street furnishings. Streetlights and furnishings are required for all public streets and shall conform to the design guidelines for the I-20 Corridor Area Overlay District.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.33.17. - Street and inter-parcel access.

Streets within the I-20 Corridor Area Overlay District may be either public or private streets. Private streets shall comply with the requirements of public streets found in chapter 14 and all other applicable sections of the DeKalb County Code of Ordinances.

Inter-parcel access. To the maximum extent possible, sidewalks and parking lots serving adjacent lots shall be interconnected to provide continuous driveway connections and pedestrian connections between adjoining lots and streets, except that this requirement shall not apply to lots zoned for single-family residential development. Where necessary, DeKalb County may require access easements be provided to ensure continuous access and egress routes connecting commercial, office and multifamily lots.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.33.18. - Multimodal access plans required.

Multimodal access plan required. Each new application for a development permit within the I-20 Corridor Overlay District shall be accompanied by a multimodal access plan prepared at a scale not greater than one inch equals one hundred feet (1"=100'). The multimodal access plan shall cover the full extent of the proposed development along with public rights-of-way of adjoining streets and any other property lying between the subject property and the nearest public streets on wall sides. The purpose of the multimodal access plan is to demonstrate a unified plan of continuous access to and between all buildings in the proposed development and adjacent properties. Connections to available transportation modes, such as driveways, sidewalk, and bike paths shall be shown along adjacent streets and those entering adjoining properties. Safe and convenient pedestrian ways shall be provided from sidewalks along streets to each building entrance, including pedestrian access routes across parking lots and between adjacent buildings within the same development. Where an existing or planned public transportation station or stop is within one thousand two hundred fifty (1,250) feet (straight-line distance) from any boundary of the subject property, the access plan shall show how pedestrians may safely travel from such station or stop to the subject property, the access plan shall show how safe, continuous and convenient bicycle access shall be provided to the subject property.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.33.19. - Sign regulations.

All lots in the I-20 Corridor Overlay District shall comply with all requirements of chapter 21 subject to the following additional regulations:

Signs shall be designed so as to be compatible with the I-20 Corridor Design Standards;

All ground signs shall be monument style signs with a base and framework made of brick; the design of ground signs must comply with the I-20 Overlay District Design Guidelines;

Each lot shall have no more than one (1) ground sign;

The sign area of ground signs shall not exceed thirty-two (32) square feet, unless the lot contains a shopping center, in which case ground signs are limited to sixty-four (64) square feet;

Ground signs shall not exceed a height of six (6) feet, unless the lot contains a shopping center, in which case ground signs shall not exceed a height of fifteen (15) feet;

Wall signs shall be located on the primary building façade and within fifteen (15) feet of the public right-of-way;

Window signs are prohibited;

Banners are prohibited;

Wall-mounted signs shall be channel cut letters applied directly to the building façade. Flashing, animated, marquee, sound emitting, fluorescent, rotating or otherwise moving signs are prohibited;

Sign shape and lettering shall be limited as follows:

Signs with more than two (2) faces are prohibited;

Sign facing shall be flat in profile and shall not exceed a thickness of eight (8) inches;

Sign faces shall be parallel;

Sign lettering shall consist of block lettering in which individual letters are proportional in size to the overall size of the sign, but in no event shall individual letters exceed eighteen (18) inches in height; and

Sign lettering shall be of an opaque material.

Any violation of this section shall be punishable by fine not exceeding five hundred dollars ($500.00) or imprisoned for a term not to exceed six (6) months, or both.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.33.20. - Shared parking.

Shared parking is encouraged and may be authorized by the director of planning and development. Parking facilities within the parcel may be shared if multiple uses cooperatively establish and operate parking facilities and if these uses generate parking demands primarily when the remaining uses are not in operation, so that the off-street parking requirements for each use are met or exceeded during said use's operational hours. Applicants may make an application to the director of planning and development for authorization for a special exception for shared parking.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.33.21. - Design guidelines.

The planning director or designee is authorized to create, administer, and amend design standards for the I-20 Corridor Compatible Use Overlay District. These standards shall provide acceptable architectural design controls, landscaping, detail drawings, signage, fencing, lighting, street and site furniture and grating. These standards shall be used to promote proper design criteria for the overlay district and shall guide the planning director in deciding whether a proposed design complies with the requirements of this overlay district. The design standards are hereby made a part of this division and shall be amended from time to time.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.33.22. - Plans required; certificates of compliance.

Plans required. Prior to the issuance of any land disturbance permit, building permit, or sign permit, the applicant shall submit a conceptual design package and final design package to the director of planning and development. The planning and development director shall provide a copy of the submittals to the related district commissioner(s) and super district commissioner for review and comment. The final design package must include full architectural and landscape architectural plans and specifications. The submitted plans must include a site plan, architectural elevations and sections; renderings depicting the building design including elevations and architectural details of proposed buildings, exterior materials and colors, and plans and elevations of all landscape, landscape and signs, all of which shall demonstrate that the proposed design is in compliance with all the requirements of this I-20 Corridor Overlay District and the underlying zoning classification.

Fees. The conceptual design package shall be accompanied by an application and payment of a fee in an amount determined by the DeKalb County Board of Commissioners.

(Ord. No. 15-06, 8-25-2015)

Sec. 3.33.23. - Conceptual plan package review.

The conceptual plan package shall be composed of the following:

A site location map showing the proposed development, abutting property, the relationship of the proposed development to surrounding and existing development, and transitional buffer zones, if required; and

A multimodal access plan meeting the requirements of section 3.33.18.

The plan to be submitted in the conceptual plan package shall contain the following information;

Ten (10) copies of a site plan drawn to a designated scale of not less than one inch equals one hundred feet (1"=100'), certified by a professional engineer or land surveyor licensed by the state, presented on a sheet having a maximum size of twenty-four (24) inches by thirty-six (36) inches, and one (1) eight and one-half-inch reduction of the plan. If presented on more than one (1) sheet, match lines shall clearly indicate where the several sheets join. Such plan shall contain the following information: