Zoning district regulations are set forth herein in the schedule of district regulations which is hereby adopted by reference as a part of this chapter.

SEC. 23-902 USE TABLE FOR ALL ZONING DISTRICTS

(Ord. No. 2023-17 (A-23-03), § 5, 3-13-23; Ord. No. 2024-13(A-24-03), § 2, 10-16-24; Ord. No. 2025-04 (A-24-05), § 2, 5-21-25; Ord. No. 2025-11(A-25-04), § 1(Exh. A), 10-15-25; Ord. No. 2025-13(A-25-07), § 2, 11-19-25)

Editor's note— Ord. No. 2009-23, § 1, adopted Aug. 31, 2009, repealed § 23-902, which pertained to uses common to all residential districts and derived from Ord. No. 136, adopted Sept. 7, 1971.

(a)

Purpose: This district provides for neighborhood scale residential dwellings, their permitted accessory uses, and certain other uses that are in general complementary in use, scale and intensity. All existing and newly created lots shall front onto public streets, and shall be required to be served by public water and sewer systems.

(b)

Dimensional requirements:

(c)

Parking requirements for single-family detached structures: Every single-family detached structure must provide three hundred twenty-four (324) square feet of space for parking, which is equivalent to two parking spaces sized nine (9) feet wide by eighteen (18) feet deep. These spaces must be located on private property, and not in the right-of-way. This requirement may be met in any of the following ways, or any combination thereof:

A paved driveway connected to a permitted curb cut; or

A carport, either attached or detached; or

A fully enclosed garage, either attached or detached.

(d)

Requirements for garages and carports:

For single-family dwellings, the maximum floor area of any attached or detached garage or carport shall be fifty (50) percent of the floor area of the dwelling.

Measured from the closest point of the principal structure to the garage or carport, no garage or carport may exceed the height of the principal structure to which it is subordinate.

This subsection shall not apply to any conditioned, habitable space additions built above a garage or carport.

(e)

Development guidelines: The following shall be considered by the Mayor and City Council as variances as set forth by article XIV, appeals and variances:

Any single-family detached dwelling structure which contains within more than one (1) kitchen, as defined in section 23-402.

Any single-family detached dwelling larger than five thousand (5,000) square feet heated floor area.

Any dwelling with more than five (5) bedrooms.

Attached or detached garages which contain more than three (3) parking spaces.

(f)

Design standards: The following guidelines shall apply to all buildings and building additions within the zoning district.

(1)

Prohibited construction siding materials for all additions to existing buildings shall include, without limitation, exposed concrete block, plywood, oriented strand board (OSB), corrugated or sheet metal, unfinished wood, or similar materials, as determined by the Director of Planning and Community Development.

(2)

Accessory structures shall meet the design standards outlined in section 23-601 and in subsection (f) above.

(Ord. No. 2009-26, § 1, 9-28-09; Ord. No. 2014-06, § 4, 3-17-14; Ord. No. 2014-07, § 3, 6-2-14; Ord. No. 2021-64, § 2, 10-20-21; Ord. No. 2022-32, § 1, 7-18-22; Ord. No. 2021-64 (A-21-23), § 2, 10-20-21; Ord. No. 2022-32 (A-22-11), § 1, 7-18-22; Ord. No. 2023-07 A-22-27, § 1, 2-23-23; Ord. No. 2023-17 (A-23-03), § 4, 3-13-23)

It is the intent of this district to encourage the development of duplex dwelling units which are served by public water and sewer.

Dimensional requirements:

(Ord. of 1-24-11(3), § 1; Ord. No. 2017-26, § 1, 10-16-17; Ord. No. 2023-17 (A-23-03), § 5, 3-13-23)

Purpose: It is the intent of this district to accommodate development of three (3) or more attached rental dwelling units which are served by public water and sewer.

Permitted uses: Multifamily dwellings containing three (3) or more attached dwelling units of common wall construction, including apartments, quadraplexes, condominium buildings, or other similar multifamily dwellings.

Dimensional requirements:

Development provisions:

All required parking shall conform to Article XII, Parking and Loading. Parking shall not be located within the front yard building setback.

All internal driveways shall be in accordance with Article XII, Parking and Loading, except that the Fire Marshal may require wider drive aisle widths.

All garbage, trash containers, dumpsters, and trash compactors shall be located and screened in accordance with Chapter 15, Article VI.

Any swimming pool amenity shall be in-ground construction, and shall conform to all requirements of the building code.

(Ord. No. 2011-11, § 1, 3-28-11; Ord. No. 2017-26, § 1, 10-16-17; Ord. No. 2023-17 (A-23-03), § 5, 3-13-23; Ord. No. 2024-13(A-24-03), § 5, 10-16-24)

Editor's note— Ord. No. 2024-13(A-24-03), § 4, adopted Oct. 16, 2024, repealed § 23-906, which pertained to the R-4 multiple family resident district and derived from Ord. No. 2011-12, adopted March 28, 2011; Ord. No. 2017-26, adopted Oct. 16, 2017; Ord. No. 2023-17 (A-23-03), adopted March 13, 2023.

Purpose: This district provides for single-family detached residences where community water and sewer systems are available.

Space limits:

(Ord. No. 2023-17 (A-23-03), § 5, 3-13-23)

Purpose: The district provides for single-family attached residences where community water and sewer systems are available.

Space limits:

Additional provisions: All other provisions related to single residents occupancy that are not in conflict herewith shall be applicable to this zoning category.

Access: All City and county personnel are granted access to any development by an access easement without regard to nondedicated streets, roads, or rights-of-way. The City may elect to deal with a homeowners association which will be responsible for bills concerning City accounting services that are applicable, but each unit or lot shall likewise be separately responsible for any services that might be supplied by the City and county.

(Ord. No. 2023-17 (A-23-03), § 5, 3-13-23)

Editor's note— Ord. No. 2009-25, § 1, adopted Sept. 14, 2009, repealed § 23-906C., which pertained to R-SFA single-family attached residential district with nondedicated streets, roads and rights-of-way and derived from Ord. No. 136, adopted Sept. 7, 1971.

(a)

Purpose.

• O-I office/institutional district. The office/institutional district is intended to encourage development of suitable business and professional enterprise, hospitals, medical and dental facilities of a character and density deemed compatible with the primary purpose of this district. Limited retail uses normally appurtenant to office/institutional uses are also permitted under designated uses provided they are located within a principal use and do not occupy more than twenty (20) percent of the gross floor area subject to exclusions detailed herein.

• O-W office/warehouse district. The office/warehouse district is intended to encourage the development of office and office warehouse facilities in combination where the manufacture and/or fabrication of products is limited to items that are compatible with surrounding uses.

(b)

Reserved.

(c)

Development controls.

(Ord. No. 2009-001, § 2, 1-20-09; Ord. No. 2012-28, § 3, 12-17-12; Ord. No. 2014-06, § 5, 3-17-14; Ord. No. 2015-03, § 2, 3-2-15; Ord. No. 2019-012, § 1(Exh. A), 5-20-19; Ord. No. 2021-33, §§ 1—4, 4-21-21; Ord. No. 2022-07, § 4, 1-12-22; Ord. No. 2022-07 (A-21-34), § 4, 1-12-22; Ord. No. 2022-28, § 1, 7-18-22; Ord. No. 2022-28 (A-22-02), § 1, 7-18-22; Ord. No. 2022-60 (A-22-23), § 2, 11-14-22; Ord. No. 2023-17 (A-23-03), § 5, 3-13-23)

Editor's note— Ord. No. 2019-012, § 1(Exh. A), adopted May 20, 2019, changed the title of § 23-907 from "O-I office/institutional district" to read as herein set out.

Editor's note— Ord. No. 2019-012, § 1(Exh. A), adopted May 20, 2019, repealed former § 23-908, which pertained to O-W office/warehouse district, and derived from Ord. No. 2009-001, § 3, adopted Jan. 20, 2009; Ord. No. 2012-25, § 1, adopted Dec. 3, 2012; Ord. No. 2017-22, § 1, adopted Aug. 21, 2017; and Ord. No. 2018-014, § 6, adopted Sept. 4, 2018.

Editor's note— Ord. No. 2022-85 (A-22-24), § 5, adopted Dec. 19, 2022, repealed § 23-909, which pertained to C-1 and C-2 commercial districts and derived from Ord. No. 2008-33, § 2, adopted Dec. 1, 2008; Ord. No. 2010-23, § 1, adopted Aug. 30, 2010; Ord. No. 2011-18, § 1, adopted April 25, 2011; Ord. No. 2012-28, § 4, adopted Dec. 17, 2012; Ord. No. 2014-06, § 6, adopted March 17, 2014;Ord. No. 2017-22, § 1, adopted Aug. 21, 2017; Ord. No. 2019-005, § 1(Exh. A), adopted March 18, 2019; Ord. No. 2021-18, § 2, adopted Feb. 17, 2021.

Editor's note— Ord. No. 2019-005, § 1(Exh. A), adopted March 18, 2019, changed the title of § 23-909 from "C-1 Neighborhood commercial district" to read as herein set out.

Editor's note— Ord. No. 2019-005, § 1(Exh. A), adopted March 18, 2019, repealed former § 23-910 which pertained to the C-2 general business district, and derived from Ord. No. 2008-33, § 3, adopted Dec. 1, 2008; Ord. No. 2010-24, § 1, adopted Aug. 30, 2010; Ord. No. 2011-21, § 1, adopted April 25, 2011; Ord. No. 2012-17, § 2, adopted Sept. 4, 2012; Ord. No. 2014-01, § 1, adopted Jan. 21, 2014; Ord. No. 2014-06, § 6, adopted March 17, 2014; Ord. No. 2015-03, § 3, adopted March 2, 2015; Ord. No. 2016-02, § 1, adopted March 21, 2016; and Ord. No. 2018-014, § 2, adopted Sept. 4, 2018.

Purpose: This district is to provide for moderate to heavy commercial and light industrial uses, all of which shall be nuisance free and not generators of hazardous substances. It is intended that light manufacturing uses shall be located on either arterial or major collector streets or within industrial parks having access to such thoroughfares. No residential use shall be permitted in the M-1 district.

Performance standards: All industrial uses in the M-1 district shall conform to the standards of performance described below and shall be so constructed, maintained and operated as to not be injurious or offensive to the occupants of adjacent premises by reason of the emission or creation of noise, vibration, smoke, dust or other particular matter, toxic or noxious waste materials, odors, fire and explosive hazard or glare. None of the aforementioned shall be detectable at the property line.

(1)

Noise: Noise levels in excess of those permitted by the Department of Housing and Urban Development shall be muffled or eliminated if detectable at the property line so as not to become a nuisance to adjacent uses.

(2)

Vibration: Every use shall be so operated that ground vibration inherently and recurrently generated is not perceptible, without instruments at which point on the property line of the property on which the use is located.

(3)

Smoke: Every use shall be so operated as to prevent the emission of smoke from any source whatsoever.

(4)

Dust and particulates: Every use shall be so operated as to prevent the emission into the air of dust or other solid matter which may cause damage to property or discomfort to persons or animals at or beyond the lot line of the property on which the use is located. Particulate emissions shall comply with all standards promulgated by the Environmental Protection Division of the Georgia Department of Natural Resources.

(5)

Industrial sewage and waste: Every use shall be so operated as to prevent the discharge into any stream, lake, sewer system or the ground of any waste which exceeds the standards for effluents as promulgated by the Environmental Division of the Georgia Department of Natural Resources.

(6)

Odors: Every use shall be so operated as to prevent the emission of odors in a concentration as to be readily perceptible at any point at the lot line of the property on which the use is located.

(7)

Glare: Every use shall be so operated as to prevent emission of glare of an intensity as to be readily perceptible at any point on property line.

(8)

Fire and safety hazard: Each use shall be operated so as to lessen the danger from fire and explosion.

a.

All uses storing, processing or producing free or active burning material (as determined by the building inspector and DeKalb County Fire Services) shall be located entirely within buildings or structures having exterior noncombustible walls and all such buildings shall be set back at least fifty (50) feet from all lot lines unless a greater minimum distance is required elsewhere in this chapter;

b.

All materials or products which produce inflammable or explosive vapors or gases under ordinary weather conditions shall not be permitted within one hundred (100) feet of any lot line.

c.

All buildings and structures containing explosives shall be set back from all property lines a distance to be determined by the building official, but in no case less than one hundred (100) feet.

(9)

Hazardous wastes: No use shall be permitted which produces as a waste product any substance identified by the United States Environmental Protection Agency as a toxic waste.

(10)

Storage: Within three hundred (300) feet of a residential district, all processes and storage except of passenger care vehicles shall be completely in enclosed buildings. Processes and storage located at a greater distance shall be effectively contained within a secured, gated fence. The fence shall be a maximum of eight (8) feet high, be black, be vinyl coated, chain link, contain fence slating on all fence elevations (black in color), and shall not utilize barbed or razor wire unless as approved as a variance by the City Council. All outside storage shall be located on graded and paved surfaces.

(11)

Traffic impact study: The community development director is authorized to require submittal of a traffic impact study at the time of application for any development that will generate additional motor vehicle trips to or from the subject site during a twenty-four-hour period or during the peak traffic hour, based on trip generation rates obtained from the most recent editions of Trip Generation and Trip Generation Handbook, published by the Institute of Transportation Engineers (ITE). Only "new" vehicle trips will be counted; no pass-by or internal trip capture will be used in calculating "added vehicle trips." Traffic impact studies must be prepared by a professional transportation planner or traffic engineer.

(12)

Vehicle storage and screening: Unless otherwise stated, any parking or storage of commercial vehicles shall be located to the rear of the lot and shall be contained within a secured, gated fence. The fence shall be a maximum height of eight (8) feet high, be black, be vinyl coated, chain link, contain fence slating on all fence elevations (black in color), and shall not be barbed or razor wire unless as approved as a variance by the City Council.

Dimensional requirements:

Minimum Lot Area—One (1) acre, exclusive of floodplain, with public water and sewer except for automotive sales lots where the minimum lot area shall be six (6) acres.

Minimum Lot Width—One hundred (100) feet except for automotive sales lots where the minimum lot width shall be six hundred (600) feet on an arterial street.

Minimum Lot Frontage on a Public Street—Eighty-five (85) feet.

Minimum Front Yard Building Setback—Fifty (50) feet.

Minimum Rear Yard Building Setback—Fifty (50) feet, but two hundred fifty (250) feet where abutting residential zoned land.

Minimum Side Yard Building Setback—Twenty-five (25) feet, but two hundred fifty (250) feet where abutting residential zoned land.

Maximum Building Height—fifty (50) feet.

Maximum Impervious Lot Coverage—Seventy (70) percent.

(Ord. No. 2008-22, § 1, 10-6-08; Ord. No. 2008-23, § 2, 10-27-08; Ord. No. 2011-20, § 1, 4-25-11; Ord. No. 2013-05, § 1, 3-18-13; Ord. No. 2015-01, § 2, 3-2-15; Ord. No. 2017-01, §§ 1, 2, 1-9-17; Ord. No. 2017-21, § 1, 8-21-17; Ord. No. 2018-014, §§ 7, 8, 9-4-18; Ord. No. 2019-023, § 1, 9-23-19; Ord. No. 2021-27, § 1, 3-17-21; Ord. No. 2022-28, § 2, 7-18-22; Ord. No. 2022-28 (A-22-02), § 2, 7-18-22; Ord. No. 2023-17 (A-23-03), § 5, 3-13-23)

Purpose: This district provides for the broadest range of industrial operations permitted by the City. It is the district for the location of industries or businesses which have not reached a technical stage which renders them free of all nuisance factors. These uses are to be located on either an arterial or major collector street, or when an industrial park shall have access to such thoroughfares. No residential uses are permitted in the M-2 district.

Dimensional requirements:

Minimum Lot Area—Two (2) acres, exclusive of floodplain, with public water and sewer.

Minimum Lot Width—One hundred fifty (150) feet.

Minimum Lot Frontage on a Public Street—Eighty-five (85) feet.

Minimum Front Yard Building Setback—Seventy-five (75) feet.

Minimum Rear Yard Building Setback—Fifty (50) feet, but five hundred (500) feet where abutting residential zoned land.

Minimum Side Yard Building Setback—Twenty-five (25) feet, but five hundred (500) feet where abutting residential zoned land.

Minimum Building Height—Fifty (50) feet.

Maximum Impervious Lot Coverage—Sixty (60) percent.

(Ord. No. 2008-23, § 3, 10-27-08; Ord. No. 2012-28, § 5, 12-17-12; Ord. No. 2015-03, § 4, 3-2-15; Ord. No. 2017-21, § 2, 8-21-17; Ord. No. 2018-014, § 8, 9-4-18; Ord. No. 2021-18, § 2, 2-17-21; Ord. No. 2023-17 (A-23-03), § 5, 3-13-23)

Editor's note— Ord. No. 2009-10, § 1, adopted May 26, 2009, repealed § 23-913, which pertained to PUD planned unit development district and derived from Ord. No. 136, adopted Sept. 7, 1971.

Editor's note— Ord. No. 2021-76 (A-21-27), § 1, adopted Oct. 20, 2021, repealed § 23-914, which pertained to the commercial transition district and derived from Ord. No. 2010-15, adopted May 24, 2010; Ord. No. 2012-28, § 6, adopted Dec. 17, 2012.