No building, structure, land or open space shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.

No building or other structure shall hereafter be erected or altered to exceed the height or bulk limits of this chapter; to accommodate or house a greater number of families; to occupy a greater percentage of lot area; or to have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required; or be in any other manner contrary to the provisions of this chapter.

No part of a yard or other open space or off-street parking or loading spaces required for any one (1) building shall be included as part of the yard or off-street parking or loading spaces required for another building, except as specifically provided for herein.

In single-family residential districts, zoned R-1, only one principal residential building and its accessory building(s) may hereafter be erected on any one lot in accordance with section 601, accessory uses or structures, and section 903, R-1 single-family residential district.

(Ord. of 1-24-11(1), § 1)

No single-family residence shall be permitted on a lot of less than twenty-two thousand (22,000) square feet in a new subdivision which is to be served by septic tanks, regardless of the zoning district classification. With respect to existing platted lots, the DeKalb County Board of Health will evaluate each individual request for a permit on a case-by-case basis. This restriction on lot size does not apply to residential developments served by community sewer systems. Lots served by community sewer shall be no less than ten thousand two hundred (10,200) square feet.

(a)

Unless as otherwise specified within the dimensional requirements of a zoning district, no building or structure shall hereafter be erected on a lot that does not abut upon an open public paved (concrete and/or asphalt) street for at least a distance of thirty (30) feet. The exception to this requirement shall be for the residential single-family attached zoning districts (when developed as single-family attached dwellings) which shall maintain a minimum street frontage of twenty (20) feet on lots created prior to August 24, 2009, and a minimum of twenty-four (24) feet wide on lots created subsequent to August 24, 2009.

(b)

Within the nonresidential districts that currently exist or nonresidential lots hereafter created, street frontage requirements may be met by frontage on either a State of Georgia street, a City street, or a DeKalb County street.

(c)

All other districts where the development of dwelling units is permissible shall require a street frontage on an open public City or DeKalb County street.

(d)

No lot shall attain its minimum street frontage on an interstate highway classification.

(e)

The creation of flag lots, double frontage or through-lots is specifically prohibited within all zoning districts.

(f)

Additionally, all lots within every zoning district shall meet the minimum lot width set forth by their respective zoning district at the Code required front building setback line.

(g)

Effective August 24, 2009, no lot shall be created within the City of Doraville which does not abut upon a publicly-dedicated street which has been accepted either by the City of Doraville, Georgia, or DeKalb County, Georgia on its behalf, and where a plat of which has been approved for recording and authenticated by the Mayor and Council of the City of Doraville, Georgia.

(h)

Variances to public street requirements are prohibited.

(Ord. No. 2009-22, § 1, 8-24-09; Ord. No. 2022-85 (A-22-24), § 4, 12-19-22)

For purposes of this chapter, all of the streets, roads and highways in the City of Doraville are classified in accordance with the DeKalb County Thoroughfare Plan as adopted January 24, 1978, or as may be subsequently adopted, and as maintained by the DeKalb County Planning Department or its assigns.

(Ord. of 1-24-11(2), § 1)

The provisions of the following district regulations shall govern the location and use of buildings, structures, and land within the corporate limits of the City of Doraville, Georgia, as it is now constituted or as it may hereafter exist.

The uses below shall be subject to special or extra standards, in addition to the requirements listed elsewhere in the Code of Ordinances.

(a)

Automotive fuel stations.

(1)

When in property zoned for a transect zone or special district, fuel stations shall conform to the design standards set forth in section 23-2052.

(2)

Otherwise, fuel stations shall abide by the following standards:

a.

All pumps and canopy structures shall be placed not less than twenty-five (25) feet from the nearest right-of-way line.

b.

All underground tanks shall be located outside the right-of-way.

c.

Accessory structures shall be located behind the front building setback line.

d.

All structures shall be faced with brick and/or stone, excluding fenestrations and canopies.

e.

Automated car washes shall be placed to the rear of the principal building and limited to one (1) washing station. No coin operated car washes shall be permitted.

f.

No automotive detail, service or repair shall be permitted.

g.

No outdoor storage or display of merchandise or vehicles shall be permitted, with the exception of those items not customarily seen, including, but not limited to, vending machines, propane tanks, and ice machines.

h.

Existing facilities may be redeveloped by more than sixty (60) percent of the replacement cost at time of destruction, notwithstanding article V of the zoning ordinance, provided the fuel station use is not enlarged.

i.

Distance requirements:

1.

M-2: shall be located within five hundred (500) feet of a federal highway; and shall not be within one thousand (1,000) feet of any single-family, two-family, and/or townhouse/rowhouse residential uses, as measured in a straight line.

(b)

Microbrewery, microdistillery, microwinery, and brewpubs.

(1)

Shall conform to the performance standards of section 23-911 pertaining to noise, vibration, smoke, dust or other particular matter, toxic or noxious waste materials, odors, and glare.

(2)

Manufacturing and storage operations shall be contained solely indoors.

(3)

Up to one (1) storage silo may be displayed outside. Said silos:

a.

Shall be in a location visible to the public.

b.

May include signage, logos or other identifying information regarding the establishment, otherwise in compliance with chapter 14, the sign ordinance.

c.

Shall be limited to a maximum size of nine (9) feet in diameter by thirty-five (35) feet tall.

(4)

Other than storage silos, no outdoor storage is permitted.

(5)

Tasting room hours shall be limited to the "hours of sale" authorized in section 3-28.

(c)

Commercial, ghost, prep, or shared kitchen.

(1)

No on-site food service or sales are permitted.

(2)

No more than two (2) service trucks or vehicles may be parked on-site.

(d)

Dry cleaning and laundering establishments.

(1)

No retail sales permitted.

(2)

Petroleum and/or any other chemical solvents shall not have an ignitable flashpoint of less than one hundred forty (140) degrees Fahrenheit.

(3)

The use of Perchloroethylene (Perc) solvent shall be prohibited.

(4)

Size limits:

a.

T-5, T-6: 5,000 square feet.

(e)

Film and music studios.

(1)

All production must take place within a fully enclosed and soundproof building.

(2)

Outdoor operations and storage of equipment are prohibited.

(3)

Trucks shall be parked in the least visible location from the public right-of-way, screened with landscaping, and in striped truck parking spaces.

(4)

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

(f)

Funeral homes and mortuaries.

(1)

Under no circumstances are crematoriums permitted.

(2)

Hearses and other transport vehicles for the deceased shall not be parked or stores in locations visible from the public right-of-way.

(3)

An all-weather porte-cochere shall be provided at the rear of the facility for the intake of the human remains; however, a side or rear porte-cochere shall be provided for funeral services transport to final resting place.

(g)

Grocery store or market.

(1)

All operations, storage and display shall be wholly contained within a building.

(2)

No killing, eviscerating, skinning, plucking, or smoking of livestock, poultry, fish or other animals is permitted on-site.

(h)

Hotels.

(1)

This use excludes motels and extended stay hotels.

(2)

All guest rooms must be accessible by interior hallways, which are heated and air-conditioned and controlled as a secured access facility.

(3)

Guest rooms shall have no direct access to the outside.

(4)

Guest rooms shall be a minimum of three hundred (300) square feet and shall have secured access entry.

(5)

Guest rooms shall be rented for a minimum duration of eight (8) hours but not on a weekly or monthly basis.

(6)

No occupational tax/business license shall be issued for any business operating from any guest room.

(7)

The lobby shall be a minimum of seven hundred (700) heated square feet in size and shall provide management on duty twenty-four (24) hours per day.

(8)

A restaurant operated by the hotel shall be considered a customary accessory use.

(9)

Semi-tractor trailer truck parking shall not be provided on-site.

(10)

The hotel site shall be a minimum of two (2) acres exclusive of wetlands and floodplain, and meet all other district dimensional requirements.

(i)

Commercial artist studio with instruction.

(1)

Schools may provide performances open to the general public as an accessory use, provided minimum parking requirements are met for the main assembly area.

(2)

Instruction with the use of the nude human figure, subject to restrictions of chapter 6, article X.

(j)

Heavy equipment and vehicle sales.

(1)

Such uses shall be located wholly within an enclosed structure.

(2)

No outdoor storage or display permitted.

(k)

Sauna and spa establishments.

(1)

Shall be a minimum of fifteen thousand (15,000) square feet of floor area.

(2)

Shall serve food prepared on-site in a full service kitchen.

(3)

Shall provide a minimum of three (3) to four (4) services and associated areas, including, but not limited to: Restaurants, nail care, skin care, saunas, heated or steam rooms, etc.

(4)

Shall not provide formal sleep facilities or areas for patrons.

(5)

Shall not provide individual or fully enclosed rooms for ancillary massage.

(6)

Shall not permit unaccompanied minors into the facility.

(7)

Massage services are permitted as an accessory or ancillary use, provided they meet the restrictions outlined in chapter 6, article IX of the Code, with the exception that massage services may be permitted until 12:00 a.m./midnight.

(l)

Automotive repair and body shops.

(1)

In SD-1, automotive repair shops shall be located within a building having a minimum size of thirty-five thousand (35,000) square feet. Automotive painting and body shops are prohibited.

(m)

Passenger terminals.

(1)

All passenger waiting areas shall be indoors and well lit.

(2)

Buses or shuttles shall not be parked or stopped in drive lanes. All buses or shuttles shall be parked in designated spaces that accommodate the size of each vehicle (typically ten (10) feet wide by fifty (50) feet long).

(3)

On-site bus/shuttle circulation routes shall be clearly identified.

(4)

All routes and schedules shall be clearly posted in a location visible to the general public within the passenger waiting area and/or ticketing area.

(n)

Self-storage facilities.

(1)

Shall be limited to dead storage use only; no cold storage.

(2)

No activities other than rental of storage units, and pickup and drop-off of materials shall be allowed on the premises. Examples of prohibited activities include, but are not limited to, the following:

a.

Auctions (except those of the self-storage facility owner to dispose of items within unit which has become derelict of fee payment and/or abandonment), wholesale or retail uses, yard or garage sales.

b.

The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or other similar equipment.

c.

The operation of power tools, spray painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment.

d.

The establishment of a transfer and storage business.

e.

The storage of hazardous or flammable materials (including, but not limited to, alcohol and propane).

f.

The storage of food or foodstuffs.

g.

Any use that is noxious or offensive because of odors, dust, noise, fumes, or vibrations.

h.

Residential habitation of storage units.

i.

No door openings for any self-service storage facility unit shall be constructed facing a public right-of-way or a single-family residential district even when visible or viewed through a glass surface.

j.

Access to every individual storage unit shall be provided on-grade; neither requiring the use of stairs or steps. There shall be no preclusion of multi-story facilities which contain an elevator for patrons' use.

(o)

Automobile sales, new.

(1)

When located in a transect zone or special district, automobile sales lots and dealerships shall:

a.

Be located on existing parcels consolidated prior to March 18, 2019; and

b.

Within four hundred (400) feet of the right-of-way of Peachtree Industrial Boulevard and within the area formed by the Interstate 1-285 loop highway, said area also known as being inside of the 1-285 Perimeter highway.

(2)

When located in industrial districts, automobile sales lots and dealerships shall:

a.

Be a minimum of six (6) acres in size;

b.

Have a minimum lot width of six hundred (600) feet on the frontage right-of-way line on an arterial street;

c.

Ensure that work done on vehicles exclusive of cleaning must be done in a wholly enclosed facility. Cleaning of vehicles shall be limited to exterior water cleaning only without the use of chemical agents; and

d.

Be on graded and paved surfaces.

(Ord. No. 2023-17 (A-23-03), § 3, 3-13-23)

Editor's note— Ord. No. 2009-11, § 2, adopted May 26, 2009, repealed § 23-809, which pertained to dwelling space and derived from Ord. No. 136, adopted Sept. 7, 1971.

(a)

Purpose and intent. This section is intended to provide additional residential unit density for properties or developments that meet certain criteria, in excess of what may otherwise be permitted by the zoning district.

(b)

Limitations. This section does not provide additional building height, building stories, lot coverage beyond what is permitted by each zoning district, or a reduction in any other building requirement. Outside of the criteria of this section, unit density may not be increased beyond the maximum permitted.

(c)

Eligibility. All zoning districts that permit residential units per acre are eligible. Eligibility of amenities or improvements provided for bonuses are ultimately subject to the discretion of City Council. Multiple instances of a bonus may be given where applicable, subject to Council approval.

(d)

Total bonuses given. The sum of all bonuses granted to an individual property or project may not be in excess of one hundred (100) percent of the original, maximum density of the zoning district.

(e)

Affordability. When a density bonus is granted for affordability, all affordable dwelling units shall be located on the subject property for which the bonus was given. Developments granted bonuses for the provision of affordable dwelling units shall meet the following requirements:

(1)

Affordable units must be delivered concurrently with the market rate units in the development.

(2)

All affordable units must maintain their designated percentage of Area Median Income (AMI) for at least fifteen (15) years.

(3)

The character of the affordable units must be consistent with those of the market rate units in the development.

(4)

Affordable units must be dispersed throughout the development.

(5)

Owners of affordable units shall provide proof of affordability to the City on an annual basis, including the following information for affordable units: Household size, age, income, sex, and race/ethnicity.

Owners of affordable units shall create, store, and maintain all project records for the duration of the affordability term.

(6)

As part of the application for a land disturbance permit, applicant shall submit an affordable housing plan, which shall include, at a level of detail appropriate to the request, the number, size, unit mix, location, affordability, and phasing of affordable units, and any other information as reasonably required by the Community Development Director.

(f)

Restrictive covenant agreements. All density bonuses are subject to a restrictive covenant agreement with the City of Doraville. Unless otherwise stated in the criteria for the bonus, all improvements or amenities must remain for the lifespan of the development. The restrictive covenant agreement, which shall be in a form approved by the City Attorney and Community Development Director, shall be recorded with the property deed in DeKalb County, Georgia Records as a covenant running with the land. Community Development shall not issue an occupancy permit for any dwelling unit in the development until the deed restriction is recorded.

(g)

Council approval required. All bonuses granted by the provisions of this ordinance must be approved by the City Council.

(h)

Table of bonuses. See the table below for a list of improvements or amenities that are eligible for density bonuses.

(Ord. No. 2022-20, § 1, 3-14-22; Ord. No. 2022-43, § 1, 3-14-22; Ord. No. 2022-43 (A-22-10), § 1, 3-14-22)