(a)

General provisions.

(1)

Accessory structures are permitted only in connection with lawful and permitted principal uses.

(2)

Accessory structures shall not be used by anyone other than the occupants, tenants, or owners of the property and/or use to which they are subordinate.

(3)

An accessory structure used for habitation shall be subject to the provisions within section 23-613.

(b)

Types of accessory uses and structures permitted. Permitted accessory uses and structures are limited to those that, in the determination of the Director of Planning and Community Development, satisfy all of the following criteria:

(1)

Are customarily found in conjunction with the principal use of the property; and

(2)

Are clearly subordinate to the principal use of the property; and

(3)

Serve a necessary function for or contribute to the comfort, safety, recreation, or convenience of occupants of the principal use.

(c)

Time of construction and establishment. No accessory structure may be erected prior to the principal building or structure to which it is subordinate. Accessory structures may be constructed at the same time as the principal, but shall not receive any certificates of occupancy prior to the primary structure.

(d)

Location.

(1)

Accessory structures must be located on the same lot or property as the use to which they are accessory.

(2)

Accessory structures may be placed in the side or rear yard. When located in the side yard, accessory structures shall be located behind the front plane of the house.

(3)

No accessory structure shall be located closer to the right-of-way than the principal structure.

(e)

Building setbacks. No accessory structure shall be located less than ten (10) feet from the principal structure and less than five (5) feet from any property lines. Structures less than thirty (30) inches in height are not subject to building separation requirements.

(f)

Building requirements and materials.

(1)

All accessory structures, whether constructed or prefabricated, must be appropriately anchored to the ground in a manner compliant with all building regulations and deemed appropriate by the City Building Official.

(2)

No accessory structure may ever be taller than the principal structure to which it is subordinate.

(3)

When used in conjunction with residential uses, all accessory structures greater than two hundred (200) square feet shall match the principal structure in color and/or material.

(g)

Number of accessory structures. No more than three (3) accessory structures shall be permitted on any one (1) property, unless otherwise permitted by the zoning district.

(h)

Size of accessory structures.

(1)

For single-family, two-family, and multifamily residential uses with four (4) or fewer units, the total square footage of all accessory structures shall have a gross square footage no greater than fifty (50) percent of the principal structure.

(2)

For all other multifamily uses and multifamily zoning districts, accessory structures shall comply with the following size restrictions:

(i)

Exemptions.

(1)

Structures less than 30 inches in height at their tallest point.

(2)

Flagpoles, permitted signs, doghouses, playground equipment, statues, unroofed gardens, and other similar structures are not considered to be accessory structures, and do not require a permit.

(3)

Fences are not considered to be accessory structures, and shall instead comply with section 23-703 and as elsewhere regulated in the zoning ordinance.

(4)

Dumpsters are not considered to be accessory structures, and shall instead comply with all regulations in chapter 15, article VI and the zoning ordinance.

(5)

Shipping containers shall not be permitted to be used as accessory structures.

(Ord. No. 2009-27, § 1, 9-28-09; Ord. No. 2014-07, § 2, 6-2-14; Ord. No. 2022-31, § 2, 7-18-22; Ord. No. 2022-39, § 1, 4-18-22; Ord. No. 2022-31 (A-22-09), § 2, 7-18-22; Ord. No. 2025-04 (A-24-05), § 2, 5-21-25)

In any zoning district, where a lot is located on a corner the minimum front yard setback and the side yard having street frontage shall have the same minimum setback. Where a zoning district requires a greater side yard setback, the stricter provision shall govern.

The floor area requirements as contained in this chapter refer to heated living space. Heated living space is not to include porches, carports, decks or garages or other accessory structures.

All City and county approvals that are required for the use of land and structures and for the location and operation of businesses and industries shall be obtained by the applicant and transmitted by him with his request for a building permit, an occupancy permit, a zoning amendment, or a variance. Except as otherwise required by state law, no local action shall be taken and no public hearings shall be held until the above required approvals have been obtained by the applicant.

For all business and industrial developments fronting on a state highway, no building permit shall be issued until the approval of the Georgia Department of Transportation has been obtained by the applicant on entrances and exits, curb radius, drainage and other matters that are the appropriate concern of the department. On county roads no permit shall be issued without approval of DeKalb County Department of Roads and Drainage.

Nothing in this chapter shall require any change in the plan, construction or intended use of a building which is under construction at the effective date of adoption of this chapter so long as construction of which is diligently pursued until its completion at which time all temporary buildings used in conjunction with construction work shall be removed immediately.

(a)

When located in commercial, mixed-use, or industrial zoning districts, places of worship shall be limited to single-occupant properties. Mixed-use or multi-tenant building use is prohibited.

(b)

Otherwise, places of worship shall adhere to the provisions of the zoning district in which they are located.

(Ord. No. 2022-33, § 1, 7-18-22)

Editor's note— Ord. No. 2009-11, § 1, adopted May 26, 2009, repealed § 23-607, which pertained to rental provision, and derived from Ord. No. 136, adopted September 7, 1971. Subsequently, Ord. No. 2022-33, § 1, adopted July 18, 2022, enacted a new § 23-607.

Definition:

(a)

For purposes of this chapter, major recreational equipment is defined as including boats and boat trailers, travel trailers, pick-up campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not. Such major recreational equipment may be parked or stored in side yards or rear yards or in a carport or enclosed buildings provided, however, that such equipment may be parked anywhere on residential premises for a period not to exceed twenty-four (24) hours during loading or unloading. Not withstanding the foregoing, motorized dwellings or motor homes may be parked or stored in a driveway or in a paved side yard or rear yard area. Any such driveway or side yard or rear yard area shall be no less than four (4) inches in thickness and shall be composed of either concrete, asphalt, pavers or brick. Visible grass or weeds shall not be allowed to grow through any such driveway. All persons shall obtain a building permit from the City before the commencement of any construction for any driveway.

(b)

Existing driveways or side yard or rear yard areas constructed of gravel for which a permit was obtained shall be replaced with either concrete, asphalt, pavers or brick within six (6) years from the date of adoption of this chapter.

(c)

Existing driveways and side yard and rear yard areas constructed of gravel shall have the soil under such gravel treated and visible grass or weeds shall not be allowed to grow through any such driveway. In addition, gravel driveways and side yard and rear yard areas shall contain landscape timbers or similar retaining materials that will contain such gravel within its allocated location.

Automotive vehicles or trailers of any kind or type without current license plates or in inoperable condition shall not be parked, stored, or repaired on any residentially zoned property; other than in completely enclosed buildings.

Aside from minor and incidental repair to the vehicles of the immediate property owner, lessee, occupant or tenant, no motor vehicle shall be repaired in any residential district. Any such repair shall be concluded within seventy-two (72) hours from beginning the repair or the vehicle shall be moved to a garage or removed from the premises. All garages shall be only for the personal use of the immediate property owner, lessee, occupant or tenant, and no motor vehicles shall be parked on grassed portions of residential lots at any time.

The keeping and raising of all farm animals and fowl and use of private stables shall be prohibited in any zoning district in the City.

(a)

Permit required. All food trucks must acquire and maintain a food truck permit with the City of Doraville, and are subject to all other applicable city, county, and state ordinances related to food preparation and service.

(1)

Food trucks are allowed to request up to two (2) permits per year.

(2)

Food truck permits are valid for up to sixty (60) consecutive calendar days.

(3)

Applicants may only locate on a site up to four (4) days per week.

(4)

Food trucks or other mobile vendors wishing to serve specific sites for thirty (30) minutes or less are not eligible for a food truck permit, and must instead acquire a peddler's license, as outlined in chapter 6, article IV.

(b)

Permitted locations. Food trucks may be located on sites with a single business or tenant, regardless of the size of the property. If there are multiple tenants or businesses on a property, properties must be one (1) acres or greater.

(c)

Location restrictions.

(1)

Food trucks must be located on private property, not in public rights-of-way.

(2)

Food trucks may only be located on property with an existing permitted use occupying a principal structure.

(3)

Food trucks may locate in commercial, industrial or mixed-use zoning districts, with written permission of the property owner, association, or manager.

(4)

Food trucks may not block or restrict access to businesses, drive lanes, ingress or egress points, loading areas, fire lanes, or fire hydrants.

(5)

Food trucks shall not cause there to be fewer parking spaces provided on a site than what is required by the Doraville Code of Ordinances.

(d)

Hours of operation. Food sales are permitted between the hours of 7:00 a.m. and 10:00 p.m.

(e)

Overnight parking. No overnight parking is permitted.

(f)

Signage. Outside of any signage that is painted and/or affixed to the food truck itself, no additional signage shall be permitted. All signs shall otherwise conform to the standards of chapter 14 of the City Code.

(g)

Lighting. Outside of any lighting affixed to the truck itself, no additional lighting shall be permitted. All lighting must conform to the requirements of section 23-1205.

(h)

Waste disposal. Trucks must provide and maintain their own trash cans, but all grease, liquid waste and garbage shall be disposed of off-site.

(i)

Documentation. All applicants wishing to operate a food truck in the City of Doraville must keep on the premises at all times proof of such permits and permissions outlined in this section, and must be able to present such documentation upon request.

(j)

Denial or revocation of permit. The City of Doraville may deny or revoke any application or permit based on any of the criteria outlined in the above section, or as referenced elsewhere in the Code of Ordinances.

(Ord. No. 2021-71 (A-21-18), § 2, 8-18-21)

Editor's note— Section 2 of Ord. No. 2009-19, adopted Aug. 3, 2009, repealed § 23-612 which pertained to television reception devices, and derived from Ord. No. 136, adopted Sept. 7, 1971.

(a)

Purpose. The purpose of this section is to permit and regulate the construction of accessory units, also known as accessory dwelling units, backyard cottages, and similar.

(b)

Owner occupation required. The property owner, which includes the title holder and any contract purchasers, must occupy either the principal unit or the accessory unit as their permanent residence, and at no time receive rent for the unit they occupy.

(c)

Time of construction and establishment. No accessory unit may be erected prior to the principal building or structure to which it is subordinate. Accessory units may be constructed at the same time as the principal, but shall not receive any certificates of occupancy prior to the primary structure.

(d)

Use standards.

(1)

Accessory units shall only be constructed subordinate to an existing single-family residence.

(2)

Whether attached or detached, accessory units shall be limited to only one (1) per lot.

(3)

When detached from the principal structure, accessory units shall follow the guidelines of section 23-601.

(4)

Regardless of whether they are attached or detached from the principal structure, accessory units shall meet the architectural design standards in the zoning ordinance, and shall match the principal structure in architectural style, material, and color.

(e)

Building requirements.

(1)

Building plans.

a.

All accessory units shall be constructed using a pre-approved building plan adopted by the City of Doraville, unless otherwise approved by City Council as a variance.

b.

Any building plan for an accessory unit that requires a variance shall be stamped and dated by a licensed architect or engineer.

(2)

A survey shall be submitted pursuant to the standards within section 5-7(b)(5).

(3)

The property owner shall sign an affidavit, provided by the City, affirming that the owner occupies either the main building or the accessory unit.

(f)

Annual requirements.

(1)

Owners shall be required to renew the accessory unit owner affidavit form annually

(Ord. No. 2025-04 (A-24-05), § 1, 5-21-25)

Basic provision:

(1)

There shall be no exterior evidence of the home occupation, including signage.

(2)

There shall be no activity or display visible from the area of the property that would indicate a business is being conducted thereon.

(3)

No use shall create noise, dust, vibration, odor, smoke, glare or electrical interference that would be detectable beyond the dwelling unit or permitted accessory structure.

(4)

No mechanical or electronic equipment not normally found in a home shall be used in the commercial enterprise.

(5)

The use shall be conducted entirely within the dwelling unit or permitted accessory structure, and only persons living in the dwelling unit shall be employed at the location of the home occupation.

(6)

If a home occupation is located within a home or dwelling unit, no more than twenty-five (25) percent of the dwelling unit and in no case more than five hundred (500) square feet, whichever is less, may be used for the conduct of the home occupation. If located within a permitted accessory structure, the home occupation shall conform to the size requirements for accessory structures set forth in section 23-601.

(7)

No use shall involve public contact on the property and no article, product or service shall be sold from the premises other than by telephone or over the internet. Any such article or product shall not be delivered to the purchaser at the premises.

(8)

No materials or equipment shall be stored on the premises upon which the home occupation is located, except where such materials and equipment are stored entirely within the residence or permitted accessory structure.

(9)

No vehicle other than a passenger automobile, passenger van, or passenger truck shall be used in the conduct of a home occupation, and no other vehicle shall be parked or stored on such premises.

(10)

No home occupation shall be operated so as to create or cause a nuisance.

(11)

Home occupation shall not include the use of a dwelling unit or permitted accessory structure for the purpose of operating any automobile repair establishment, automobile broker's office, automobile dealer's office, taxi service and dispatch agencies, van service, limousine service, wrecker service, car wash, or ammunition or firearms sales establishment.

(12)

Home occupation shall be limited to entities who have established residency in the City pursuant to the definition for "home occupation" outlined in section 23-402.

(Ord. No. 2008-17, § 2, 9-25-08; Ord. No. 2017-25, § 1, 10-16-17; Ord. No. 2022-29, § 1, 7-18-22)

(a)

Definitions; general provisions.

Zoning, building, health and life safety code provisions. No person shall allow occupancy or possession of any short-term vacation rental unit if the premises is in violation of any applicable zoning, building, health or life safety code provisions.

Owner-occupied property means real property which contains one (1) or more dwelling unit(s) where the principal dwelling unit must be occupied by the property owner and constitute his/her primary and usual place of residence. Proof of owner-occupancy requires proof of a valid homestead exemption submitted with the application for a short-term vacation rental certificate.

Short-term vacation rental occupants means guests, tourists, lessees, vacationers or any other person who, in exchange for compensation, occupy a dwelling unit for lodging for a period of time not to exceed thirty (30) consecutive days.

Short-term vacation rental means an accommodation for transient guests where, in exchange for compensation, a residential dwelling unit is provided for lodging for a period of time not to exceed thirty (30) consecutive days. Such use may or may not include an on-site manager. For the purposes of this definition, a residential dwelling shall include all housing types (provided that any housing used as a short-term vacation rental shall conform with all rules, regulations, and ordinances of the City including the zoning requirements of the City) and shall exclude group home as defined in chapter 23-402, of the official code of Doraville, Georgia, as amended.

Short-term vacation rental by the room means an accommodation for transient guests where, in exchange for compensation, a single room within a residential dwelling unit is provided for lodging for a period not to exceed thirty (30) consecutive days.

Short-term vacation rental agent means a natural person designated by the owner of a short-term vacation rental on the short-term vacation rental certificate application. Such person shall be available for and responsive to contact from 8:00 a.m. to 9:00 p.m. and at all times in the event of emergency, and someone who is customarily present at a location within the City for purposes of transacting business.

(b)

Short-term vacation rental certificate. No person shall rent, lease or otherwise exchange for compensation all or any portion of a dwelling unit as short-term vacation rental, as defined in subsection (a), without first obtaining a business tax certificate from the City of Doraville and complying with the regulations contained in this section. No certificate issued under this chapter may be transferred or assigned or used by any person other than the one to whom it is issued, or at any location other than the one for which it is issued, and each certificate shall expire unless renewed annually in compliance with this section.

(c)

Application for short-term vacation rental certificate.

(1)

Applicants for a short-term vacation rental certificate shall submit, on an annual basis, an application for a short-term vacation rental certificate to the City of Doraville. The application shall be furnished under oath on a form specified by the City Manager, accompanied by a nonrefundable application fee as set forth in the City's fee schedule. Such application should include:

a.

The name, address, telephone and email address of the owner(s) of record of the dwelling unit for which a certificate is sought. If such owner is not a natural person, the application shall identify all partners, officers and/or directors of any such entity, including personal contact information;

b.

The address of the unit to be used as a short-term vacation rental;

c.

A statement of whether the unit will be used as a short-term vacation rental by the room and if so, the number of rooms and a diagram in the room(s) which will be held op en for rental by the room;

d.

The name, address, telephone number and email address of the short-term vacation rental agent, which shall constitute his or her 24-hour contact information;

e.

The owner's sworn acknowledgement that he or she has received a copy of this section, has reviewed it and understands its requirements;

f.

The number and location of parking spaces allotted to the premises;

g.

The owner's agreement to use his or her best efforts to assure that use of the premises by short-term vacation rental occupants will not disrupt the neighborhood, and will not interfere with the rights of neighboring property owners to the quiet enjoyment of their properties; and

h.

Any other information that this chapter requires the owner to provide to the City as part of an application for a short-term vacation rental certificate. The City Manager or his or her designee shall have the authority to obtain additional information from the applicant as necessary to achieve the objectives of this chapter.

(2)

Attached to and concurrent with submission of the application described in this section, the owner shall provide:

a.

The owner's sworn code compliance verification form;

b.

Proof of the owner's current ownership of the short-term vacation rental unit;

c.

A written certification from the short-term vacation agent that he or she agrees to perform the duties specified in subsection (d) below; and

d.

For apartment properties or condominiums as defined by the Georgia Condominium Act, O.C.G.A. §§ 44-3-70, et seq., provide a copy of: (1) written approval of the apartment management permitting the subletting of the unit for less than thirty (30) day rentals, or (2) the adopted condominium declaration either exp licitly permitting leasing of the dwelling unit(s) for less than thirty (30) days or adopted condominium declaration which contains no prohibition on short-term vacation rentals or the leasing of dwelling units for less than thirty (30) days.

(3)

If the rental agent changes, the property owner shall notify the City of Doraville within five (5) business days.

(4)

Certificate holder shall publish a short-term vacation rental certificate number in every print, digital, or internet advertisement and any property listing in which the short-term vacation rental is advertised.

(d)

Short-term vacation rental agent.

(1)

The owner of a short-term vacation rental shall designate a short-term vacation rental agent on its application for a short-term vacation rental certificate. A property owner may serve as the short-term vacation rental agent. Alternatively, the owner may designate a natural person as his or her agent who is over age eighteen (18).

(2)

The duties of the short-term vacation rental agent are to:

a.

Be reasonably available to handle any problems arising from use of the short-term vacation rental unit;

b.

Appear on the premises of any short-term vacation rental unit within twenty-four (24) hours following notification from the City of issues related to the use or occupancy of the premises, or two (2) hours in the event of emergencies. This includes, but is not limited to, notification that occupants of the short-term vacation rental unit have created unreasonable noise or disturbances, engaged in disorderly conduct or committed violations of the City of Doraville Code of Ordinances or other applicable law pertaining to noise, disorderly conduct, overcrowding, consumption of alcohol or use of illegal drugs. Failure of the agent to timely appear to two (2) or more complaints regarding violations may be grounds for penalties as set forth in this chapter. This is not intended to impose a duty to act as a peace officer or otherwise require the agent to place himself or herself in a perilous situation;

c.

Receive and accept service of any notice of violation related to the use or occupancy of the premises; and

d.

Monitor the short-term vacation rental unit for compliance with this chapter.

e.

An owner may change his or her designation of a short-term vacation rental agent temporarily or permanently; however there shall only be one (1) such agent for a property at any given time. To change the designated agent, the City in writing of the new agent's identity, together with all information regarding such person as required by the applicable provisions of this subsection.

(e)

Grant or denial of application.

Review of an application shall be conducted in accordance with due process principles and shall be granted unless the applicant fails to meet the conditions and requirements of this chapter, or otherwise fails to demonstrate the ability to comply with local, state or federal law. Any false statements or information provided in the application are grounds for revocation, suspension and/or imposition of penalties, including denial of future applications.

(f)

Short-term vacation rental units.

(1)

A legible copy of the short-term vacation rental unit certificate shall be posted within the unit and include the following information:

a.

The name, address, telephone number and email address of the short-term vacation rental agent:

b.

The business tax certificate number;

c.

The maximum occupancy of the unit;

d.

The maximum number of vehicles that may be parked at the unit.

(2)

A notice on a form developed by the City Manager shall be posted in the short-term vacation rental unit with the STVR Certificate and include the following information:

a.

The occupant(s)' agreement to abide by all of the requirements of this chapter, any other City of Doraville ordinances, state and federal law and acknowledgement that his or her rights under the agreement may not be transferred or assigned to anyone else;

b.

The occupant(s)' acknowledgement that it shall be unlawful to allow or make any noise or sound that exceeds the limits set forth in the City's noise ordinance;

c.

The occupant(s)' acknowledgement and agreement that violation of the agreement or this chapter may result in immediate termination of the agreement and eviction from the short-term vacation rental unit by the owner or agent, as well as the potential liability for payments of fines levied by the City; and

d.

The occupant(s)' acknowledgement of the maximum occupancy of the short-term vacation rental unit and, if available, the location of on-site parking.

(3)

Short-term vacation rental units must be properly maintained and regularly inspected by the owner to ensure continued compliance with applicable zoning, building, health and life safety code provisions.

(g)

Rental by the room. Notwithstanding any other provisions of this section, if a short-term vacation rental certificate, is held and if bedrooms are being rented individually to different customers, then:

(1)

The owner of record must be present on the premises during the period of rental, and

(2)

No more than two (2) separate bedrooms in the owner-occupied residential dwelling unit may be separately rented out at the same time.

(h)

Rental by time increments less than twenty four (24) hours. Notwithstanding any other provisions of this section, no short-term vacation rental property, or any portion thereof, shall be rented for a period of less than twenty-four (24) hours.

(i)

Short-term vacation regulation procedure.

(1)

To ensure the continued application of the intent and purpose of this chapter, the City Manager or his or her designee shall notify the owner of a short-term vacation rental unit of all instances in which nuisance behavior of the rental guest or the conduct of his or her short-term vacation rental unit agent results in a citation for a code violation or other legal infraction.

(2)

The City Manager or his or her designee shall maintain in each short-term vacation rental location file a record of all code violation charges, founded accusations and convictions occurring at or relating to a short-term vacation rental unit. When a property owner has accumulated three (3) code violations for a particular property within a period of twelve (12) consecutive months, the City shall revoke any pending certificates and reject all applications for the subject premises for a period of twelve (12) consecutive months.

(3)

If a short-term vacation rental unit owner has been cited and found to be in violation of any zoning, building, health or life safety code provision, the owner must demonstrate compliance with the applicable code prior to being eligible to receive a short-term vacation rental certificate.

(4)

Citations for code violations and any other violation of the City code shall be heard in the Doraville municipal court. Violations of this section (i) shall be heard by a hearing officer pursuant to section 1-15 of the Official Code of Doraville, Georgia.

(5)

Violations of this chapter are subject to the following fines, which may not be waived or reduced, and which may be combined with any other legal remedy available to the City:

a.

First violation: Five hundred dollars ($500.00).

b.

Second violation within the preceding twelve (12) months: Seven hundred fifty dollars ($750.00).

c.

Third violation within the preceding twelve (12) months: One thousand dollars ($1,000.00) and/or suspension of STVR license of twelve (12) months.

(6)

Notwithstanding subsection (5) above, upon a violation of any ordinance regarding nuisance, property maintenance, criminal offense, or a violation of any zoning ordinance, the City Manager may revoke a short-term vacation rental permit upon written notice. Any such revocation may be appealed to a Hearing Officer pursuant to section 1-15 of the Official Code of Doraville, Georgia.

(7)

A person aggrieved by the City's decision to revoke, suspend or deny a short-term vacation rental certificate may appeal the decision Writ of Review to the Superior Court of DeKalb County.

(8)

Nothing in this section shall limit the City from enforcement of its code, state or federal law by any other legal remedy available to the City. Nothing in this section shall be construed to limit or supplant the power of any city inspector, deputy marshal or other duly empowered officer under the City's ordinances, rules and regulations and the authority granted under state law, as amended, to take necessary action, consistent with the law, to protect the public from property which constitutes a public nuisance or to abate a nuisance by any other lawful means of proceedings.

(j)

Taxes. Short-term vacation rental unit owners are subject to state sales tax, city taxes, including, but not limited to, the hotel/motel tax, and are liable for payment thereof as established by state law and the City Code, the City may seek to enforce payment of all applicable taxes to the extent provided by law, including injunctive relief.

(Ord. No. 2022-44, § 2, 8-15-22; Ord. No. 2022-36 (A-22-15), § 2, 8-15-22; Ord. No. 2023-43, § 1, 11-13-23)