Emerson City Zoning Code
ARTICLE V
- ZONING DISTRICT REGULATIONS
Sec. 8.62.- R-7.5, Single-Family Residential.
Permitted uses.
1.
Single-family detached dwellings, but not including manufactured homes.
2.
Neighborhood recreation centers or swimming pools, provided:
a)
Lighting shall be established in such a way that no direct light shall cast over any property line nor adversely affect neighboring properties.
b)
Any building or structure established in connection with such use must be set back no less than 75 feet from any property line.
3.
Private parks and playgrounds.
4.
Public buildings and utilities.
5.
Sign(s), (as permitted in the City of Emerson sign ordinance).
6.
Home occupations - See standards in section 8.92.
Conditional uses permitted by mayor and city council.
1.
Bed and breakfast, provided:
a)
The facility is operated by the resident-owner with a maximum of five guestrooms rented for a daily or weekly fee, which use is subordinate and incidental to the primary residence.
b)
The structure shall contain 2,000 square feet or more of gross heated floor area.
c)
No freestanding signs are permitted. All signage must be attached to the structure used for the bed and breakfast house and not exceed six square feet and be indirectly illuminated.
d)
The exterior appearance of the structure shall not be altered from its single-family character, and, if changes are made, the changes must be approved by mayor and city council.
e)
All bed and breakfast houses must meet all applicable health and safety codes.
f)
Maximum length of stay shall not exceed 14 days.
g)
A minimum of one parking space per rental room is provided in addition to those required for the resident.
2.
Religious institutions, including all accessory uses, including, but not limited to, child care centers, provided:
a)
Minimum lot size is five acres.
b)
Accessory schools and cemeteries are permissible provided an additional three acres is provided in addition to the five-acre church requirement.
c)
All parking areas shall include a 30-foot landscaped buffer when abutting any property used for single-family residential purposes.
d)
Minimum parking space of one space per three fixed seats or one space per 50 square feet of largest assembly room for those without fixed seating.
3.
Special event home, provided:
a)
Establishment must be on a minimum of a two-acre site.
b)
A maximum of 3,000 square feet may be dedicated to the reception floor area.
c)
Trash receptacles must be located in a rear or side yard and shall be screened on all sides. Garbage shall be collected only during the daytime hours of 9:00 a.m. and 5:00 p.m.
d)
All applicants shall comply with the City of Emerson noise ordinance.
e)
Capacity of the special events home will be limited to 300 persons.
f)
The commercial operations of the facility shall not operate between 12:00 a.m. and 9:00 a.m.
g)
Facility should only be located in appropriate areas of the city and not have a negative impact on surrounding properties.
h)
If the facility ceases to operate as a special events home for a period of six consecutive months, the property shall lose its approval as a special events home.
i)
Minimum parking of one space per three fixed seats or one space per 50 square feet of largest assembly room for those without fixed seating.
4.
Telecommunication towers and antennas - See standards in article 7, division 1.
5.
Golf courses and driving ranges, provided:
a)
Any building or structure established in connection with such use must be set back no less than 100 feet from any property line,
b)
Lighting shall be established in such a way that it shall not adversely affect neighboring properties.
c)
Minimum parking of two and one-half spaces per hole for golf courses and 0.75 spaces per tee for driving ranges.
d)
Central loudspeakers are prohibited.
6.
Group homes - See standards in section 8.89.
7.
Horses or noncommercial riding stables, provided they are kept on a lot not less than three acres, all buildings are set back 150 feet from all property lines, all horses are kept 50 feet from property lines and have 5,000 feet of fenced area.
8.
Noncommercial clubs or lodges.
a)
Minimum parking of one space per three fixed seats or one space per 50 square feet of largest assembly room for those without fixed seating.
9.
Noncommercial horticulture and agriculture.
10.
Personal care homes consisting of six or fewer individuals, inclusive of resident staff provided:
a)
The principal structure contains a residential facade architecturally similar to adjacent buildings.
b)
Such facilities obtain all necessary local and state licenses.
c)
The use is limited to the principal structure only.
d)
The maximum number of beds permitted shall be limited to one person per 250 gross square feet of heated floor space within the principal structure.
e)
A minimum of one parking space per bedroom.
11.
Guest homes, garage apartments and servant quarters, provided:
a)
Such structure is located to the rear of the principal structure and no less than 20 feet from any property line and ten feet from the principal building.
b)
Such structure has 5,000 square feet of lot area dedicated to its use in addition to the district requirements for the principal use.
c)
No paying guests or tenants are housed.
d)
No other similar use or structure is located on the lot.
e)
The building's height and/or area does not exceed that of the principal building.
12.
Tutoring.
a)
The exterior appearance of the structure shall not be altered from its single-family character.
Accessory structures.
1.
All such structures shall be located upon the same lot and to the side or rear of the principal use at least ten feet from side or rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.
When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.
3.
No accessory building shall be constructed upon a lot before the principal building.
4.
No accessory structure may exceed the mean height of the principal building.
5.
The area of the accessory building's footprint may not exceed 50 percent that of the principal structure.
6.
Swimming pools must be enclosed by a fence not less than five feet in height with a self-closing, self-latching gate and must comply with all applicable laws and safety and health ordinances.
7.
Heating and air conditioning units may encroach five feet into the required rear or side setback.
8.
There shall be no more than one accessory building, including any detached garages.
Use limitations.
1.
All outside storage must be stored in a side or rear yard and screened from all streets and adjacent properties by an opaque fence or wall at least six feet in height. The mayor and city council may approve the substitution of plantings for the required fence.
2.
All front yards must be planted with sod grass.
3.
No off-street parking space shall be utilized to park buses, tractor-trailers (attached or otherwise) or semi-trailer.
4.
There shall be only one principal use per lot.
Bulk and area regulations:
Minimum lot size: 7,500 square feet.
Minimum lot width: 50 feet.
Minimum lot width on a cul-de-sac: 35 feet.
Maximum building height 1 : 50 feet.
Minimum heated floor space: 900 square feet.
Maximum lot coverage: 40 percent.
Front setback: 20 feet.
Minimum side setback: ten feet.
Minimum back setback: 20 feet.
Minimum parking required: two spaces per unit.
1 Specific height requirements apply to signs. The height limitations do not apply to structures such as unoccupied and inaccessible architectural features on commercial or institutional buildings (e.g., church spires, church belfries, cupolas and domes on commercial buildings), government-owned observation towers, water towers, chimneys, smokestacks (in industrial districts), conveyors (in industrial districts), flag poles, masts, aerials, and similar structures, except that none of the above shall, within a three mile radius of the Cartersville-Bartow County Airport, exceed a height above the "clear zone" required for a safe approach to said airport as set forth by the Federal Aviation Administration. Furthermore, any said structure containing a sign shall be subject to the height requirements of the City of Emerson sign ordinance.
Landscape and buffer requirements.
Not applicable in this district.
(Ord. No. 2017-001, 2-27-2017; Ord. No. 2021-007, § I, 6-28-2021; Ord. No. 2024-011, § 1B, 5-13-2024; Ord. No. 2024-014, § 1A, 6-10-2024)
Editor's note— Ord. No. 2024-014, § 1A, adopted June 10, 2024, amended the title of § 8.62 from "R, Single-Family Residential" to "R-7.5, Single-Family Residential," as set out herein.
Sec. 8.63. - R-10, Single-Family Residential.
Permitted uses.
1.
Single-family detached dwellings, but not including manufactured homes.
2.
Neighborhood recreation centers or swimming pools, provided:
a)
Lighting shall be established in such a way that no direct light shall cast over any property line nor adversely affect neighboring properties.
b)
Any building or structure established in connection with such use must be set back no less than 75 feet from any property line.
3.
Private parks and playgrounds.
4.
Public buildings and utilities.
5.
Sign(s), (as permitted in the City of Emerson sign ordinance).
6.
Home occupations - See standards in section 8.92.
Conditional uses permitted by mayor and city council.
1.
Bed and breakfast, provided:
a)
The facility is operated by the resident-owner with a maximum of five guestrooms rented for a daily or weekly fee, which use is subordinate and incidental to the primary residence.
b)
The structure shall contain 2,000 square feet or more of gross heated floor area.
c)
No freestanding signs are permitted. All signage must be attached to the structure used for the bed and breakfast house and not exceed six square feet and be indirectly illuminated.
d)
The exterior appearance of the structure shall not be altered from its single-family character, and, if changes are made, the changes must be approved by mayor and city council.
e)
All bed and breakfast houses must meet all applicable health and safety codes.
f)
Maximum length of stay shall not exceed 14 days.
g)
A minimum of one parking space per rental room is provided in addition to those required for the resident.
2.
Religious institutions, including all accessory uses, including, but not limited to, child care centers, provided:
a)
Minimum lot size is five acres.
b)
Accessory schools and cemeteries are permissible provided an additional three acres is provided in addition to the five-acre church requirement.
c)
All parking areas shall include a 30-foot landscaped buffer when abutting any property used for single-family residential purposes.
d)
Minimum parking space of one space per three fixed seats or one space per 50 square feet of largest assembly room for those without fixed seating.
3.
Special event home, provided:
a)
Establishment must be on a minimum of a two-acre site.
b)
A maximum of 3,000 square feet may be dedicated to the reception floor area.
c)
Trash receptacles must be located in a rear or side yard and shall be screened on all sides. Garbage shall be collected only during the daytime hours of 9:00 a.m. and 5:00 p.m.
d)
All applicants shall comply with the City of Emerson noise ordinance.
e)
Capacity of the special events home will be limited to 300 persons.
f)
The commercial operations of the facility shall not operate between 12:00 a.m. and 9:00 a.m.
g)
Facility should only be located in appropriate areas of the city and not have a negative impact on surrounding properties.
h)
If the facility ceases to operate as a special events home for a period of six consecutive months, the property shall lose its approval as a special events home.
i)
Minimum parking of one space per three fixed seats or one space per 50 square feet of largest assembly room for those without fixed seating.
4.
Telecommunication towers and antennas - See standards in article 7, division 1.
5.
Golf courses and driving ranges, provided:
a)
Any building or structure established in connection with such use must be set back no less than 100 feet from any property line,
b)
Lighting shall be established in such a way that it shall not adversely affect neighboring properties.
c)
Minimum parking of two and one-half spaces per hole for golf courses and 0.75 spaces per tee for driving ranges.
d)
Central loudspeakers are prohibited.
6.
Group homes - See standards in section 8.89.
7.
Horses or noncommercial riding stables, provided they are kept on a lot not less than three acres, all buildings are set back 150 feet from all property lines, all horses are kept 50 feet from property lines and have 5,000 feet of fenced area.
8.
Noncommercial clubs or lodges.
a)
Minimum parking of one space per three fixed seats or one space per 50 square feet of largest assembly room for those without fixed seating.
9.
Noncommercial horticulture and agriculture.
10.
Personal care homes consisting of six or fewer individuals, inclusive of resident staff provided:
a)
The principal structure contains a residential facade architecturally similar to adjacent buildings.
b)
Such facilities obtain all necessary local and state licenses.
c)
The use is limited to the principal structure only.
d)
The maximum number of beds permitted shall be limited to one person per 250 gross square feet of heated floor space within the principal structure.
e)
A minimum of one parking space per bedroom.
11.
Guest homes, garage apartments and servant quarters, provided:
a)
Such structure is located to the rear of the principal structure and no less than 20 feet from any property line and ten feet from the principal building.
b)
Such structure has 5,000 square feet of lot area dedicated to its use in addition to the district requirements for the principal use.
c)
No paying guests or tenants are housed.
d)
No other similar use or structure is located on the lot.
e)
The building's height and/or area does not exceed that of the principal building.
12.
Tutoring.
a)
The exterior appearance of the structure shall not be altered from its single-family character.
Accessory structures.
1.
All such structures shall be located upon the same lot and to the side or rear of the principal use at least ten feet from side or rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.
When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.
3.
No accessory building shall be constructed upon a lot before the principal building.
4.
No accessory structure may exceed the mean height of the principal building.
5.
The area of the accessory building's footprint may not exceed 50 percent that of the principal structure.
6.
Swimming pools must be enclosed by a fence not less than five feet in height with a self-closing, self-latching gate and must comply with all applicable laws and safety and health ordinances.
7.
Heating and air conditioning units may encroach five feet into the required rear or side setback.
8.
There shall be no more than one accessory building, including any detached garages.
Use limitations.
1.
All outside storage must be stored in a side or rear yard and screened from all streets and adjacent properties by an opaque fence or wall at least six feet in height. The mayor and city council may approve the substitution of plantings for the required fence.
2.
All front yards must be planted with sod grass.
3.
No off-street parking space shall be utilized to park buses, tractor-trailers (attached or otherwise) or semi-trailer.
4.
There shall be only one principal use per lot.
Bulk and area regulations:
Minimum lot size: 10,000 square feet.
Minimum lot width: 50 feet.
Minimum lot width on a cul-de-sac: 35 feet.
Maximum building height 1 : 50 feet.
Minimum heated floor space: 900 square feet.
Maximum lot coverage: 40 percent.
Front setback: 20 feet.
Minimum side setback: ten feet.
Minimum back setback: 20 feet.
Minimum parking required: two spaces per unit.
1 Specific height requirements apply to signs. The height limitations do not apply to structures such as unoccupied and inaccessible architectural features on commercial or institutional buildings (e.g., church spires, church belfries, cupolas and domes on commercial buildings), government-owned observation towers, water towers, chimneys, smokestacks (in industrial districts), conveyors (in industrial districts), flag poles, masts, aerials, and similar structures, except that none of the above shall, within a three mile radius of the Cartersville-Bartow County Airport, exceed a height above the "clear zone" required for a safe approach to said airport as set forth by the Federal Aviation Administration. Furthermore, any said structure containing a sign shall be subject to the height requirements of the City of Emerson sign ordinance.
Landscape and buffer requirements.
Not applicable in this district.
(Ord. No. 2024-011, §§ 1C, ID, 5-13-2024)
Editor's note— Ord. No. 2024-011, §§ 1C, 1D, adopted May 13, 2024, renumbered the former § 8.63 as § 8.73 and enacted a new § 8.63 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.
Sec. 8.64. - R-15, Single-Family Residential.
Permitted uses.
1.
Single-family detached dwellings, but not including manufactured homes.
2.
Neighborhood recreation centers or swimming pools, provided:
a)
Lighting shall be established in such a way that no direct light shall cast over any property line nor adversely affect neighboring properties.
b)
Any building or structure established in connection with such use must be set back no less than 75 feet from any property line.
3.
Private parks and playgrounds.
4.
Public buildings and utilities.
5.
Sign(s), (as permitted in the City of Emerson sign ordinance).
6.
Home occupations - See standards in section 8.92.
Conditional uses permitted by mayor and city council.
1.
Bed and breakfast, provided:
a)
The facility is operated by the resident-owner with a maximum of five guestrooms rented for a daily or weekly fee, which use is subordinate and incidental to the primary residence.
b)
The structure shall contain 2,000 square feet or more of gross heated floor area.
c)
No freestanding signs are permitted. All signage must be attached to the structure used for the bed and breakfast house and not exceed six square feet and be indirectly illuminated.
d)
The exterior appearance of the structure shall not be altered from its single-family character, and, if changes are made, the changes must be approved by mayor and city council.
e)
All bed and breakfast houses must meet all applicable health and safety codes.
f)
Maximum length of stay shall not exceed 14 days.
g)
A minimum of one parking space per rental room is provided in addition to those required for the resident.
2.
Religious institutions, including all accessory uses, including, but not limited to, child care centers, provided:
a)
Minimum lot size is five acres.
b)
Accessory schools and cemeteries are permissible provided an additional three acres is provided in addition to the five-acre church requirement.
c)
All parking areas shall include a 30-foot landscaped buffer when abutting any property used for single-family residential purposes.
d)
Minimum parking space of one space per three fixed seats or one space per 50 square feet of largest assembly room for those without fixed seating.
3.
Special event home, provided:
a)
Establishment must be on a minimum of a two-acre site.
b)
A maximum of 3,000 square feet may be dedicated to the reception floor area.
c)
Trash receptacles must be located in a rear or side yard and shall be screened on all sides. Garbage shall be collected only during the daytime hours of 9:00 a.m. and 5:00 p.m.
d)
All applicants shall comply with the City of Emerson noise ordinance.
e)
Capacity of the special events home will be limited to 300 persons.
f)
The commercial operations of the facility shall not operate between 12:00 a.m. and 9:00 a.m.
g)
Facility should only be located in appropriate areas of the city and not have a negative impact on surrounding properties.
h)
If the facility ceases to operate as a special events home for a period of six consecutive months, the property shall lose its approval as a special events home.
i)
Minimum parking of one space per three fixed seats or one space per 50 square feet of largest assembly room for those without fixed seating.
4.
Telecommunication towers and antennas - See standards in article 7, division 1.
5.
Golf courses and driving ranges, provided:
a)
Any building or structure established in connection with such use must be set back no less than 100 feet from any property line,
b)
Lighting shall be established in such a way that it shall not adversely affect neighboring properties.
c)
Minimum parking of two and one-half spaces per hole for golf courses and 0.75 spaces per tee for driving ranges.
d)
Central loudspeakers are prohibited.
6.
Group homes - See standards in section 8.89.
7.
Horses or noncommercial riding stables, provided they are kept on a lot not less than three acres, all buildings are set back 150 feet from all property lines, all horses are kept 50 feet from property lines and have 5,000 feet of fenced area.
8.
Noncommercial clubs or lodges.
a)
Minimum parking of one space per three fixed seats or one space per 50 square feet of largest assembly room for those without fixed seating.
9.
Noncommercial horticulture and agriculture.
10.
Personal care homes consisting of six or fewer individuals, inclusive of resident staff provided:
a)
The principal structure contains a residential facade architecturally similar to adjacent buildings.
b)
Such facilities obtain all necessary local and state licenses.
c)
The use is limited to the principal structure only.
d)
The maximum number of beds permitted shall be limited to one person per 250 gross square feet of heated floor space within the principal structure.
e)
A minimum of one parking space per bedroom.
11.
Guest homes, garage apartments and servant quarters, provided:
a)
Such structure is located to the rear of the principal structure and no less than 20 feet from any property line and ten feet from the principal building.
b)
Such structure has 5,000 square feet of lot area dedicated to its use in addition to the district requirements for the principal use.
c)
No paying guests or tenants are housed.
d)
No other similar use or structure is located on the lot.
e)
The building's height and/or area does not exceed that of the principal building.
12.
Tutoring.
a)
The exterior appearance of the structure shall not be altered from its single-family character.
Accessory structures.
1.
All such structures shall be located upon the same lot and to the side or rear of the principal use at least ten feet from side or rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.
When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.
3.
No accessory building shall be constructed upon a lot before the principal building.
4.
No accessory structure may exceed the mean height of the principal building.
5.
The area of the accessory building's footprint may not exceed 50 percent that of the principal structure.
6.
Swimming pools must be enclosed by a fence not less than five feet in height with a self-closing, self-latching gate and must comply with all applicable laws and safety and health ordinances.
7.
Heating and air conditioning units may encroach five feet into the required rear or side setback.
8.
There shall be no more than one accessory building, including any detached garages.
Use limitations.
1.
All outside storage must be stored in a side or rear yard and screened from all streets and adjacent properties by an opaque fence or wall at least six feet in height. The mayor and city council may approve the substitution of plantings for the required fence.
2.
All front yards must be planted with sod grass.
3.
No off-street parking space shall be utilized to park buses, tractor-trailers (attached or otherwise) or semi-trailer.
4.
There shall be only one principal use per lot.
Bulk and area regulations:
Minimum lot size: 15,000 square feet.
Minimum lot width: 50 feet.
Minimum lot width on a cul-de-sac: 35 feet.
Maximum building height 1 : 50 feet.
Minimum heated floor space: 900 square feet.
Maximum lot coverage: 40 percent.
Front setback: 20 feet.
Minimum side setback: ten feet.
Minimum back setback: 20 feet.
Minimum parking required: two spaces per unit.
1 Specific height requirements apply to signs. The height limitations do not apply to structures such as unoccupied and inaccessible architectural features on commercial or institutional buildings (e.g., church spires, church belfries, cupolas and domes on commercial buildings), government-owned observation towers, water towers, chimneys, smokestacks (in industrial districts), conveyors (in industrial districts), flag poles, masts, aerials, and similar structures, except that none of the above shall, within a three mile radius of the Cartersville-Bartow County Airport, exceed a height above the "clear zone" required for a safe approach to said airport as set forth by the Federal Aviation Administration. Furthermore, any said structure containing a sign shall be subject to the height requirements of the City of Emerson sign ordinance.
Landscape and buffer requirements.
Not applicable in this district.
(Ord. No. 2024-011, §§ 1E, IF, 5-13-2024)
Editor's note— Ord. No. 2024-011, §§ 1E, 1F, adopted May 13, 2024, renumbered the former § 8.64 as § 8.74 and enacted a new § 8.64 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.
Sec. 8.65. - R-20, Single-Family Residential.
Permitted uses.
1.
Single-family detached dwellings, but not including manufactured homes.
2.
Neighborhood recreation centers or swimming pools, provided:
a)
Lighting shall be established in such a way that no direct light shall cast over any property line nor adversely affect neighboring properties.
b)
Any building or structure established in connection with such use must be set back no less than 75 feet from any property line.
3.
Private parks and playgrounds.
4.
Public buildings and utilities.
5.
Sign(s), (as permitted in the City of Emerson sign ordinance).
6.
Home occupations - See standards in section 8.92.
Conditional uses permitted by mayor and city council.
1.
Bed and breakfast, provided:
a)
The facility is operated by the resident-owner with a maximum of five guestrooms rented for a daily or weekly fee, which use is subordinate and incidental to the primary residence.
b)
The structure shall contain 2,000 square feet or more of gross heated floor area.
c)
No freestanding signs are permitted. All signage must be attached to the structure used for the bed and breakfast house and not exceed six square feet and be indirectly illuminated.
d)
The exterior appearance of the structure shall not be altered from its single-family character, and, if changes are made, the changes must be approved by mayor and city council.
e)
All bed and breakfast houses must meet all applicable health and safety codes.
f)
Maximum length of stay shall not exceed 14 days.
g)
A minimum of one parking space per rental room is provided in addition to those required for the resident.
2.
Religious institutions, including all accessory uses, including, but not limited to, child care centers, provided:
a)
Minimum lot size is five acres.
b)
Accessory schools and cemeteries are permissible provided an additional three acres is provided in addition to the five-acre church requirement.
c)
All parking areas shall include a 30-foot landscaped buffer when abutting any property used for single-family residential purposes.
d)
Minimum parking space of one space per three fixed seats or one space per 50 square feet of largest assembly room for those without fixed seating.
3.
Special event home, provided:
a)
Establishment must be on a minimum of a two-acre site.
b)
A maximum of 3,000 square feet may be dedicated to the reception floor area.
c)
Trash receptacles must be located in a rear or side yard and shall be screened on all sides. Garbage shall be collected only during the daytime hours of 9:00 a.m. and 5:00 p.m.
d)
All applicants shall comply with the City of Emerson noise ordinance.
e)
Capacity of the special events home will be limited to 300 persons.
f)
The commercial operations of the facility shall not operate between 12:00 a.m. and 9:00 a.m.
g)
Facility should only be located in appropriate areas of the city and not have a negative impact on surrounding properties.
h)
If the facility ceases to operate as a special events home for a period of six consecutive months, the property shall lose its approval as a special events home.
i)
Minimum parking of one space per three fixed seats or one space per 50 square feet of largest assembly room for those without fixed seating.
4.
Telecommunication towers and antennas - See standards in article 7, division 1.
5.
Golf courses and driving ranges, provided:
a)
Any building or structure established in connection with such use must be set back no less than 100 feet from any property line,
b)
Lighting shall be established in such a way that it shall not adversely affect neighboring properties.
c)
Minimum parking of two and one-half spaces per hole for golf courses and 0.75 spaces per tee for driving ranges.
d)
Central loudspeakers are prohibited.
6.
Group homes - See standards in section 8.89.
7.
Horses or noncommercial riding stables, provided they are kept on a lot not less than three acres, all buildings are set back 150 feet from all property lines, all horses are kept 50 feet from property lines and have 5,000 feet of fenced area.
8.
Noncommercial clubs or lodges.
a)
Minimum parking of one space per three fixed seats or one space per 50 square feet of largest assembly room for those without fixed seating.
9.
Noncommercial horticulture and agriculture.
10.
Personal care homes consisting of six or fewer individuals, inclusive of resident staff provided:
a)
The principal structure contains a residential facade architecturally similar to adjacent buildings.
b)
Such facilities obtain all necessary local and state licenses.
c)
The use is limited to the principal structure only.
d)
The maximum number of beds permitted shall be limited to one person per 250 gross square feet of heated floor space within the principal structure.
e)
A minimum of one parking space per bedroom.
11.
Guest homes, garage apartments and servant quarters, provided:
a)
Such structure is located to the rear of the principal structure and no less than 20 feet from any property line and ten feet from the principal building.
b)
Such structure has 5,000 square feet of lot area dedicated to its use in addition to the district requirements for the principal use.
c)
No paying guests or tenants are housed.
d)
No other similar use or structure is located on the lot.
e)
The building's height and/or area does not exceed that of the principal building.
12.
Tutoring.
a)
The exterior appearance of the structure shall not be altered from its single-family character.
Accessory structures.
1.
All such structures shall be located upon the same lot and to the side or rear of the principal use at least ten feet from side or rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.
When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.
3.
No accessory building shall be constructed upon a lot before the principal building.
4.
No accessory structure may exceed the mean height of the principal building.
5.
The area of the accessory building's footprint may not exceed 50 percent that of the principal structure.
6.
Swimming pools must be enclosed by a fence not less than five feet in height with a self-closing, self-latching gate and must comply with all applicable laws and safety and health ordinances.
7.
Heating and air conditioning units may encroach five feet into the required rear or side setback.
8.
There shall be no more than two accessory building, including any detached garages.
Use limitations.
1.
All outside storage must be stored in a side or rear yard and screened from all streets and adjacent properties by an opaque fence or wall at least six feet in height. The mayor and city council may approve the substitution of plantings for the required fence.
2.
All front yards must be planted with sod grass.
3.
No off-street parking space shall be utilized to park buses, tractor-trailers (attached or otherwise) or semi-trailer.
4.
There shall be only one principal use per lot.
Bulk and area regulations:
Minimum lot size: 20,000 square feet.
Minimum lot width: 50 feet.
Minimum lot width on a cul-de-sac: 35 feet.
Maximum building height 1 : 50 feet.
Minimum heated floor space: 900 square feet.
Maximum lot coverage: 40 percent.
Front setback: 20 feet.
Minimum side setback: ten feet.
Minimum back setback: 20 feet.
Minimum parking required: two spaces per unit.
1 Specific height requirements apply to signs. The height limitations do not apply to structures such as unoccupied and inaccessible architectural features on commercial or institutional buildings (e.g., church spires, church belfries, cupolas and domes on commercial buildings), government-owned observation towers, water towers, chimneys, smokestacks (in industrial districts), conveyors (in industrial districts), flag poles, masts, aerials, and similar structures, except that none of the above shall, within a three mile radius of the Cartersville-Bartow County Airport, exceed a height above the "clear zone" required for a safe approach to said airport as set forth by the Federal Aviation Administration. Furthermore, any said structure containing a sign shall be subject to the height requirements of the City of Emerson sign ordinance.
Landscape and buffer requirements.
Not applicable in this district.
(Ord. No. 2024-011, §§ 1G, IH, 5-13-2024)
Editor's note— Ord. No. 2024-011, §§ 1G, 1H, adopted May 13, 2024, renumbered the former § 8.65 as § 8.75 and enacted a new § 8.65 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.
Sec. 8.66. - R-40, Single-Family Residential.
Permitted uses.
1.
Single-family detached dwellings, but not including manufactured homes.
2.
Neighborhood recreation centers or swimming pools, provided:
a)
Lighting shall be established in such a way that no direct light shall cast over any property line nor adversely affect neighboring properties.
b)
Any building or structure established in connection with such use must be set back no less than 75 feet from any property line.
3.
Private parks and playgrounds.
4.
Public buildings and utilities.
5.
Sign(s), (as permitted in the City of Emerson sign ordinance).
6.
Home occupations - See standards in section 8.92.
Conditional uses permitted by mayor and city council.
1.
Bed and breakfast, provided:
a)
The facility is operated by the resident-owner with a maximum of five guestrooms rented for a daily or weekly fee, which use is subordinate and incidental to the primary residence.
b)
The structure shall contain 2,000 square feet or more of gross heated floor area.
c)
No freestanding signs are permitted. All signage must be attached to the structure used for the bed and breakfast house and not exceed six square feet and be indirectly illuminated.
d)
The exterior appearance of the structure shall not be altered from its single-family character, and, if changes are made, the changes must be approved by mayor and city council.
e)
All bed and breakfast houses must meet all applicable health and safety codes.
f)
Maximum length of stay shall not exceed 14 days.
g)
A minimum of one parking space per rental room is provided in addition to those required for the resident.
2.
Religious institutions, including all accessory uses, including, but not limited to, child care centers, provided:
a)
Minimum lot size is five acres.
b)
Accessory schools and cemeteries are permissible provided an additional three acres is provided in addition to the five-acre church requirement.
c)
All parking areas shall include a 30-foot landscaped buffer when abutting any property used for single-family residential purposes.
d)
Minimum parking space of one space per three fixed seats or one space per 50 square feet of largest assembly room for those without fixed seating.
3.
Special event home, provided:
a)
Establishment must be on a minimum of a two-acre site.
b)
A maximum of 3,000 square feet may be dedicated to the reception floor area.
c)
Trash receptacles must be located in a rear or side yard and shall be screened on all sides. Garbage shall be collected only during the daytime hours of 9:00 a.m. and 5:00 p.m.
d)
All applicants shall comply with the City of Emerson noise ordinance.
e)
Capacity of the special events home will be limited to 300 persons.
f)
The commercial operations of the facility shall not operate between 12:00 a.m. and 9:00 a.m.
g)
Facility should only be located in appropriate areas of the city and not have a negative impact on surrounding properties.
h)
If the facility ceases to operate as a special events home for a period of six consecutive months, the property shall lose its approval as a special events home.
i)
Minimum parking of one space per three fixed seats or one space per 50 square feet of largest assembly room for those without fixed seating.
4.
Telecommunication towers and antennas - See standards in article 7, division 1.
5.
Golf courses and driving ranges, provided:
a)
Any building or structure established in connection with such use must be set back no less than 100 feet from any property line,
b)
Lighting shall be established in such a way that it shall not adversely affect neighboring properties.
c)
Minimum parking of two and one-half spaces per hole for golf courses and 0.75 spaces per tee for driving ranges.
d)
Central loudspeakers are prohibited.
6.
Group homes - See standards in section 8.89.
7.
Horses or noncommercial riding stables, provided they are kept on a lot not less than three acres, all buildings are set back 150 feet from all property lines, all horses are kept 50 feet from property lines and have 5,000 feet of fenced area.
8.
Noncommercial clubs or lodges.
a)
Minimum parking of one space per three fixed seats or one space per 50 square feet of largest assembly room for those without fixed seating.
9.
Noncommercial horticulture and agriculture.
10.
Personal care homes consisting of six or fewer individuals, inclusive of resident staff provided:
a)
The principal structure contains a residential facade architecturally similar to adjacent buildings.
b)
Such facilities obtain all necessary local and state licenses.
c)
The use is limited to the principal structure only.
d)
The maximum number of beds permitted shall be limited to one person per 250 gross square feet of heated floor space within the principal structure.
e)
A minimum of one parking space per bedroom.
11.
Guest homes, garage apartments and servant quarters, provided:
a)
Such structure is located to the rear of the principal structure and no less than 20 feet from any property line and ten feet from the principal building.
b)
Such structure has 5,000 square feet of lot area dedicated to its use in addition to the district requirements for the principal use.
c)
No paying guests or tenants are housed.
d)
No other similar use or structure is located on the lot.
e)
The building's height and/or area does not exceed that of the principal building.
12.
Tutoring.
a)
The exterior appearance of the structure shall not be altered from its single-family character.
Accessory structures.
1.
All such structures shall be located upon the same lot and to the side or rear of the principal use at least ten feet from side or rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.
When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.
3.
No accessory building shall be constructed upon a lot before the principal building.
4.
No accessory structure may exceed the mean height of the principal building.
5.
The area of the accessory building's footprint may not exceed 50 percent that of the principal structure.
6.
Swimming pools must be enclosed by a fence not less than five feet in height with a self-closing, self-latching gate and must comply with all applicable laws and safety and health ordinances.
7.
Heating and air conditioning units may encroach five feet into the required rear or side setback.
8.
There shall be no more than two accessory buildings, including any detached garages.
Use limitations.
1.
All outside storage must be stored in a side or rear yard and screened from all streets and adjacent properties by an opaque fence or wall at least six feet in height. The mayor and city council may approve the substitution of plantings for the required fence.
2.
All front yards must be planted with sod grass.
3.
No off-street parking space shall be utilized to park buses, tractor-trailers (attached or otherwise) or semi-trailer.
4.
There shall be only one principal use per lot.
Bulk and area regulations:
Minimum lot size: 40,000 square feet.
Minimum lot width: 50 feet.
Minimum lot width on a cul-de-sac: 35 feet.
Maximum building height 1 : 50 feet.
Minimum heated floor space: 900 square feet.
Maximum lot coverage: 40 percent.
Front setback: 20 feet.
Minimum side setback: ten feet.
Minimum back setback: 20 feet.
Minimum parking required: two spaces per unit.
1 Specific height requirements apply to signs. The height limitations do not apply to structures such as unoccupied and inaccessible architectural features on commercial or institutional buildings (e.g., church spires, church belfries, cupolas and domes on commercial buildings), government-owned observation towers, water towers, chimneys, smokestacks (in industrial districts), conveyors (in industrial districts), flag poles, masts, aerials, and similar structures, except that none of the above shall, within a three mile radius of the Cartersville-Bartow County Airport, exceed a height above the "clear zone" required for a safe approach to said airport as set forth by the Federal Aviation Administration. Furthermore, any said structure containing a sign shall be subject to the height requirements of the City of Emerson sign ordinance.
Landscape and buffer requirements.
Not applicable in this district.
(Ord. No. 2024-011, §§ 1I, IJ, 5-13-2024)
Editor's note— Ord. No. 2024-011, §§ 1I, 1J, adopted May 13, 2024, renumbered the former § 8.66 as § 8.76 and enacted a new § 8.66 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.
Sec. 8.67. - RA-12, Single Family Residential Attached.
Purpose and intent.
The RA-12 district is intended to provide land areas devoted to high density uses consisting of single-family dwellings. Land areas zoned RA-12 are also intended to provide a transition between less dense single-family residential areas and medium density residential areas. The RA-12 district is intended to encourage home ownership.
Use regulations. Within the RA-12 district, land and structures shall be used in accordance with standards herein. Any use not specifically designated as a permitted use in this section shall be prohibited.
Permitted uses.
1.
Amenities.
2.
Condominium dwellings.
3.
Family day care.
4.
Home occupations.
5.
Parks, private.
6.
Public utility facilities.
7.
Single-family attached dwellings.
8.
Single-family detached dwellings, but not including manufactured homes.
9.
Sign(s), (as permitted in the City of Emerson sign ordinance).
10.
Townhouse dwellings.
Conditional uses permitted by mayor and city council.
1.
Day care facilities.
2.
Retirement centers.
3.
Schools, private.
Accessory structures.
1.
All such structures shall be located upon the same lot and to the rear of the principal use at least ten feet from side or rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.
Any accessory building in excess of 150 square feet of gross space must meet the setback standards for a principal use and shall be architecturally compatible with the principal structure.
3.
When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of the same.
4.
No accessory building shall be constructed upon a lot before the principal building, nor shall it contain a greater floor area than the principal structure.
5.
No accessory structure may exceed the more restrictive of either 25 feet or the height of the principal building,
6.
Swimming pools must be enclosed by a fence not less than five feet in height with a self-closing, self-latching gate and must comply with all applicable safety and health ordinances.
7.
Heating and air conditioning units may encroach five feet into the required rear or side setback.
Use limitations.
1.
All outside storage areas must be located in the rear yard and must be screened by a solid fence, wall, shrubbery or trees; no less than six feet in height and limited to 25 percent of the total lot.
2.
All new developments must submit a site plan for approval.
District regulations.
1.
Minimum lot size per dwelling: 2,000 square feet.
2.
Minimum lot width: 20 feet.
3.
Minimum lot depth: 100 feet
4.
Minimum heated floor area: 1,100 square feet
5.
Maximum density of 12 units/acre
6.
Maximum impervious surface: 80 percent.
7.
Minimum landscaped area: 15 percent.
8.
Minimum garage area: 180 square feet
9.
Maximum height: 50 feet
10.
Minimum two stories
11.
Minimum tract size: 0.5 acres
12.
Setbacks
a)
Front setback: ten feet.
b)
Side yard: ten feet at end of row
c)
Rear setback: 20 feet
13.
Parking requirements
a)
Three spaces per unit
b)
One space located at any common mailbox
14.
No fewer than three dwelling units in a row shall be allowed.
15.
Structures within the RA-12 district shall have a minimum of 50 percent finish product on the exterior face of the buildings consisting of brick, stone, hard-coat stucco or fiber cement siding.
16.
Gable or hip roofs shall have a minimum roof pitch of 6/12. Both gable and hip roofs shall provide overhanging eaves on all sides that extend a minimum of one foot beyond the building wall.
17.
Rooflines must vary between attached units.
18.
A metal panel exterior finish product shall not be allowed on lots within this district.
19.
Sidewalks are required on both sides of each roadway
20.
Principal buildings shall front a private drive or public right-of-way
Landscape and buffer requirements.
1.
When a property in this district directly abuts a single-family residential district, a ten-foot greenbelt buffer shall be established. Such buffers must include a solid fence, wall, shrubbery or trees; no less than six feet in height.
2.
Landscaped areas must contain appropriate materials such as grass, hedges, trees, natural vegetation and the like. Landscaping along rights-of-way and within parking lots may be counted towards the landscaped area requirement, however, no more than 25 percent of the required landscaping provided may be within stormwater retention facilities.
(Ord. No. 2023-015, § 1B, 7-24-2023; Ord. No. 2024-011, §§ 1K, 1L, 5-13-2024)
Editor's note— Ord. No. 2024-011, § 1L, adopted May 13, 2024, renumbered the former § 8.71 as § 8.67 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.
Sec. 8.68. - RC - Residential Conservation Planned Unit Development.
Purpose and intent.
The RC district is intended to provide opportunities for development that permits flexibility of design in order to promote environmentally sensitive and efficient uses of the land. To achieve this, the RC district provides suitable areas for single-family detached housing at medium densities in exchange for a minimum amount of green space/open space. These districts may also serve as transitional zones between light commercial/office uses and areas reserved for lower density single-family uses. This district is intended to be site-plan specific and shall require submission of a detailed site-plan at the time of rezoning application.
Permitted uses.
1.
Neighborhood recreation centers or swimming pools, provided:
a)
Lighting shall be established in such a way that no direct light shall cast over any property line nor adversely affect neighboring properties.
b)
Any building or structure established in connection with such use must be set back no less than 75 feet from any property line.
2.
Private parks and playgrounds.
3.
Public buildings and utilities.
4.
Signs, (as permitted in the City of Emerson sign ordinance).
5.
Single-family detached dwellings, but not including manufactured homes.
6.
Accessory uses and structures incidental to any legal permitted use.
7.
Home occupations - See standards in section 8.92.
Conditional uses permitted by mayor and city council.
1.
Guest homes, garage apartments and servant quarters, provided:
a)
Such structure is located to the rear of the principal structure and no less than 20 feet from any property line and ten feet from the principal building.
b)
Such structure has 5,000 square feet of lot area dedicated to its use in addition to the district requirements for the principal use.
c)
No paying guests or tenants are housed.
d)
No other similar use or structure is located on the lot.
e)
The building's height and/or area do not exceed that of the principal building.
2.
Bed and breakfast, provided:
a)
The facility is operated by the resident-owner with a maximum of five guestrooms rented for a daily or weekly fee, which use is subordinate and incidental to the primary residence.
b)
The structure shall contain 2,000 square feet or more of gross heated floor area.
c)
No freestanding signs are permitted. All signage must be attached to the structure used for the bed and breakfast house and not exceed six square feet and be indirectly illuminated.
d)
The exterior appearance of the structure shall not be altered from its single-family character, and, if changes are made, the changes must be approved by mayor and city council.
e)
All bed and breakfast houses must meet all applicable health and safety codes.
f)
Maximum length of stay shall not exceed 14 days.
g)
A minimum of one parking space per rental room is provided in addition to those required for the resident.
3.
Religious institutions, including all accessory uses, including, but not limited to, child care centers, provided:
a)
Minimum lot size is five acres.
b)
Accessory schools and cemeteries are permissible provided an additional three acres is provided in addition to the five-acre church requirement.
c)
All parking areas shall include a 30-foot landscaped buffer when abutting any property used for single-family residential purposes.
d)
Minimum parking space of one space per three fixed seats or one space per 50 square feet of largest assembly room for those without fixed seating.
4.
Special event home, provided:
a)
Establishment must be on a minimum of a two-acre site.
b)
A maximum of 3,000 square feet may be dedicated to the reception floor area.
c)
Trash receptacles must be located in a rear or side yard and shall be screened on all sides. Garbage shall be collected only during the daytime hours of 9:00 a.m. and 5:00 p.m.
d)
All applicants shall comply with the City of Emerson noise ordinance.
e)
Capacity of the special events home will be limited to 300 persons.
f)
The commercial operations of the facility shall not operate between 12:00 a.m. and 9:00 a.m.
g)
Facility should only be located in appropriate areas of the city and not have a negative impact on surrounding properties.
h)
If the facility ceases to operate as a special events home for a period of six consecutive months, the property shall lose its approval as a special events home.
i)
Minimum parking of one space per three fixed seats or one space per 50 square feet of largest assembly room for those without fixed seating.
5.
Telecommunication towers and antennas - See standards in article 7, division 1.
6.
Golf courses and driving ranges, provided:
a)
Any building or structure established in connection with such use must be set back no less than 100 feet from any property line.
b)
Lighting shall be established in such a way that it shall not adversely affect neighboring properties.
c)
Minimum parking of 2½ spaces per hole for golf courses and 0.75 spaces per tee for driving ranges.
d)
Central loudspeakers are prohibited.
7.
Group homes - See standards in section 8.89.
8.
Horses or noncommercial riding stables, provided they are kept on a lot not less than three acres, all buildings are set back 150 feet from all property lines, all horses are kept 50 feet from property lines and have 5,000 feet of fenced area.
9.
Noncommercial clubs or lodges.
a)
Minimum parking of one space per three fixed seats or one space per 50 square feet of largest assembly room for those without fixed seating.
10.
Noncommercial horticulture and agriculture.
11.
Personal care homes consisting of six or fewer individuals, inclusive of resident staff provided:
a)
The principal structure contains a residential facade architecturally similar to adjacent buildings.
b)
Such facilities obtain all necessary local and state licenses.
c)
The use is limited to the principal structure only.
d)
The maximum number of beds permitted shall be limited to one person per 250 gross square feet of heated floor space within the principal structure.
e)
A minimum of one parking space per bedroom.
Accessory structures.
1.
All such structures shall be located upon the same lot and to the side or rear of the principal use at least ten feet from side or rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.
When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.
3.
No accessory building shall be constructed upon a lot before the principal building.
4.
No accessory structure may exceed the mean height of the principal building.
5.
The area of the accessory building's footprint may not exceed 50 percent that of the principal structure.
6.
Swimming pools must be enclosed by a fence not less than five feet in height with a self-closing, self-latching gate and must comply with all applicable safety and health ordinances.
7.
Heating and air conditioning units may encroach five feet into the required rear or side setback.
8.
There shall be no more than one accessory building, including any detached garages.
Use limitations.
1.
Developments in this district shall be site-plan specific. Each plan shall require the submission of a site plan, architectural building elevations, proposed tree-save and grading plan,
2.
All outside storage must be stored in a side or rear yard and screened from all streets and adjacent properties by a non-opaque fence or wall at least six feet in height. The mayor and city council may approve the substitution of plantings for the required fence. Unenclosed carports and front porches may not be used for storing any materials other than firewood or recyclable materials within a city approved container.
3.
All front yards must be planted with sod grass.
4.
No off-street parking space shall be utilized to park buses, tractor-trailers (attached or otherwise) or semi-trailer.
5.
There shall be only one principal building per lot.
Bulk and area regulations.
Minimum lot size: 20,000 square feet
Minimum lot width: 50 feet.
Minimum lot width on a cul-de-sac: 35 feet.
Maximum building height: 50 feet.
Minimum heated floor space: 1,100 square feet.
Maximum lot coverage: 35 percent.
Maximum impervious surface: 40 percent.
Front setback: 20 feet.
Side setback: 10 feet.
Rear setback: 20 feet.
Minimum parking required: Two spaces per unit.
Landscape and buffer requirements.
When a RC district over two acres in size abuts an "R" district, a 30-foot greenbelt buffer shall be established. Such buffer shall be undisturbed where practical or enhanced where devoid of significant vegetation and must include a solid fence, wall, shrubbery or trees no less than six feet in height (finished side to the exterior).
Green space requirement.
1.
For every RC development, a minimum of 40 percent of the gross tract area green space shall be required.
2.
Where applicable, the green space shall remain primarily undisturbed.
3.
The following are considered primary conservation areas and are required to be included within green space, unless the applicant demonstrates that with this provision would constitute an unusual hardship and be counter to the purposes of this ordinance:
a)
100-year floodplain.
b)
All required stream bank buffer zones.
c)
Floodway.
d)
Wetlands-as defined by the US Army Corps of Engineers pursuant to the Clean Water Act.
e)
Populations of endangered or threatened species, or habitat for such species.
f)
Archaeological sites, cemeteries, and burial grounds.
g)
Retention/detention areas, utility areas.
h)
Slopes over 25 percent of at least 5,000 square feet contiguous area.
i)
Roadways.
4.
The following are considered secondary conservation areas and are required to be included within green space to the maximum extent feasible:
a)
Important historic sites.
b)
Existing healthy, native forests of at least one-acre contiguous area.
c)
Individual existing healthy trees greater than eight inches in caliper, as measured from their outermost drip line.
d)
Other significant natural features and scenic view sheds such as ridge lines, peaks and rock outcroppings, particularly those that can be seen from public roads.
e)
Prime agricultural lands of at least five acres of contiguous area.
f)
Existing trails that connect the tract to neighboring areas.
5.
All green space must be organized and designed so that at least 75 percent of the green space shall be in a contiguous tract. The green space shall adjoin any neighboring areas of green space, other protected areas, and non-protected natural areas that would be candidates for inclusion as part of a future area of protected green space.
6.
Above ground utility rights-of-way and small areas of impervious surface may be included within the protected green space, but cannot be counted towards the 40 percent minimum area requirement (exception: historic structures and existing trails may be counted). Large areas of impervious surface shall be excluded from the green space.
7.
The green space shall be directly accessible to the largest practicable number of lots within the subdivision. Non-adjoining lots shall be provided with safe, convenient access to the green space.
8.
Green space management plan required. A green space management plan ("plan") shall be prepared and submitted prior to the issuance of a land disturbance permit. This plan shall, at a minimum, consists of the following:
a)
Allocate responsibility and guidelines for the maintenance and operation of the green space and any facilities located thereon, including provisions for ongoing maintenance and for long-term capital improvements.
b)
Estimate the costs and staffing requirements needed for maintenance and operation of, and insurance for, the green space and outline the means by which such funding will be obtained or provided.
c)
Provide that any changes to the plan be approved by the mayor and city council.
d)
Provide for enforcement of the plan.
9.
Instrument of permanent protection required. An instrument of permanent protection, such as a conservation easement or permanent restrictive covenant shall be placed on the green space property concurrent with the issuance of a land disturbance permit.
Permitted/prohibited uses of green space.
1.
Permitted uses of green space:
a)
Active recreation areas, provided that they are limited to no more than ten percent of the total green space and are not located within primary conservation areas. Active recreation areas may include impervious surfaces. Active recreation areas in excess of this limit must be located outside of the protected green space.
b)
Agriculture, horticulture, silviculture, or pasture uses, provided that all applicable best management practices are used to minimize environmental impacts, and such activities are not conducted within primary conservation areas.
c)
Conservation of natural, archeological or historical resources.
d)
Easements for drainage, access, and underground utility lines.
e)
Meadows, woodlands, wetlands, wildlife corridors, game preserves, or similar conservation-oriented areas.
f)
Nonstructural stormwater management practices.
g)
Passive recreation areas.
h)
Walking or bicycle trails, provided they are constructed of porous paving materials.
i)
Other conservation-oriented uses compatible with the purposes of this ordinance.
2.
Prohibited uses of green space:
a)
Agricultural and forestry activities not conducted according to accepted best management practices.
b)
Roads, parking lots and impervious surfaces, except as specifically authorized in the previous sections.
c)
Other activities as determined by the applicant and recorded on the legal instrument providing for permanent protection.
Ownership and management of green space.
1.
The tract of land to be subdivided may be held in single and separate ownership or in multiple ownership. If held in multiple ownership, however, the site shall be developed according to a single plan with common authority and common responsibility.
2.
The applicant must identify the owner of the green space and facilities located thereon. If a homeowners association is the owner, membership in the association is mandatory and automatic for all homeowners of the subdivision and their successors. If a homeowners association is the owner, the homeowners association shall have lien authority to ensure the collection of dues from all members. The responsibility for maintaining the green space and any facilities located thereon shall be borne by the owner.
3.
In the event the party responsible for maintenance of the green space fails to maintain all or any portion in reasonable order and condition, the City of Emerson may assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance. The costs of such maintenance may be charged to the owner, homeowners association, or to the individual property owners that make up the homeowners association, and may include administrative costs and penalties. Such costs shall become a lien on all subdivision properties.
Legal instrument for permanent protection.
1.
The green space shall be protected in perpetuity by a binding legal instrument that is recorded with the deed. The instrument shall be one of the following:
a)
A permanent conservation easement in favor of either:
(i)
A land trust or similar conservation-oriented non-profit organization with legal authority to accept such easements. The organization shall be bona fide and in perpetual existence and the conveyance instruments shall contain an appropriate provision for retransfer in the event the organization becomes unable to carry out its functions; or
(ii)
A governmental entity with an interest in pursuing goals compatible with the purposes of this ordinance.
b)
If the entity accepting the easement is not the City of Emerson, then a third right of enforcement favoring the City of Emerson shall be included in the easement;
c)
A permanent restrictive covenant for conservation purposes in favor of a governmental entity; or
d)
An equivalent legal tool that provides permanent protection, if approved by the City of Emerson.
2.
The instrument for permanent protection shall include clear restrictions on the use of the green space. These restrictions shall include all restrictions contained in this ordinance, as well as any further restrictions the applicant chooses to place on the use of the green space.
(Code of 2017, App. A, § 8.72; Ord. No. 2024-011, § 1P, 5-13-2024; Ord. No. 2024-018, § 1A, 8-12-2024)
Editor's note— See editor's note at § 8.72.
Sec. 8.69. - R-80, Single-Family Residential.
Permitted uses.
1.
Single-family detached dwellings, but not including manufactured homes.
2.
Neighborhood recreation centers or swimming pools, provided:
a)
Lighting shall be established in such a way that no direct light shall cast over any property line nor adversely affect neighboring properties.
b)
Any building or structure established in connection with such use must be set back no less than 75 feet from any property line.
3.
Private parks and playgrounds.
4.
Public buildings and utilities.
5.
Sign(s), (as permitted in the City of Emerson sign ordinance).
6.
Home occupations - See standards in section 8.92.
Conditional uses permitted by mayor and city council.
1.
Bed and breakfast, provided:
a)
The facility is operated by the resident-owner with a maximum of five guestrooms rented for a daily or weekly fee, which use is subordinate and incidental to the primary residence.
b)
The structure shall contain 2,000 square feet or more of gross heated floor area.
c)
No freestanding signs are permitted. All signage must be attached to the structure used for the bed and breakfast house and not exceed six square feet and be indirectly illuminated.
d)
The exterior appearance of the structure shall not be altered from its single-family character, and, if changes are made, the changes must be approved by mayor and city council.
e)
All bed and breakfast houses must meet all applicable health and safety codes.
f)
Maximum length of stay shall not exceed 14 days.
g)
A minimum of one parking space per rental room is provided in addition to those required for the resident.
2.
Religious institutions, including all accessory uses, including, but not limited to, child care centers, provided:
a)
Minimum lot size is five acres.
b)
Accessory schools and cemeteries are permissible provided an additional three acres is provided in addition to the five-acre church requirement.
c)
All parking areas shall include a 30 foot landscaped buffer when abutting any property used for single-family residential purposes.
d)
Minimum parking space of one space per three fixed seats or one space per 50 square feet of largest assembly room for those without fixed seating.
3.
Special event home, provided:
a)
Establishment must be on a minimum of a two-acre site.
b)
A maximum of 3,000 square feet may be dedicated to the reception floor area.
c)
Trash receptacles must be located in a rear or side yard and shall be screened on all sides. Garbage shall be collected only during the daytime hours of 9:00 a.m. and 5:00 p.m.
d)
All applicants shall comply with the City of Emerson noise ordinance.
e)
Capacity of the special events home will be limited to 300 persons.
f)
The commercial operations of the facility shall not operate between 12:00 a.m. and 9:00 a.m.
g)
Facility should only be located in appropriate areas of the city and not have a negative impact on surrounding properties.
h)
If the facility ceases to operate as a special events home for a period of six consecutive months, the property shall lose its approval as a special events home.
i)
Minimum parking of one space per three fixed seats or one space per 50 square feet of largest assembly room for those without fixed seating.
4.
Telecommunication towers and antennas - See standards in article 7, division 1.
5.
Golf courses and driving ranges, provided:
a)
Any building or structure established in connection with such use must be set back no less than 100 feet from any property line,
b)
Lighting shall be established in such a way that it shall not adversely affect neighboring properties.
c)
Minimum parking of 2½ spaces per hole for golf courses and 0.75 spaces per tee for driving ranges.
d)
Central loudspeakers are prohibited.
6.
Group homes - See standards in section 8.89.
7.
Horses or noncommercial riding stables, provided they are kept on a lot not less than three acres, all buildings are set back 150 feet from all property lines, all horses are kept 50 feet from property lines and have 5,000 feet of fenced area.
8.
Noncommercial clubs or lodges.
a)
Minimum parking of one space per three fixed seats or one space per 50 square feet of largest assembly room for those without fixed seating.
9.
Noncommercial horticulture and agriculture.
10.
Personal care homes consisting of six or fewer individuals, inclusive of resident staff provided:
a)
The principal structure contains a residential facade architecturally similar to adjacent buildings.
b)
Such facilities obtain all necessary local and state licenses.
c)
The use is limited to the principal structure only.
d)
The maximum number of beds permitted shall be limited to one person per 250 gross square feet of heated floor space within the principal structure.
e)
A minimum of one parking space per bedroom.
11.
Guest homes, garage apartments and servant quarters, provided:
a)
Such structure is located to the rear of the principal structure and no less than 20 feet from any property line and ten feet from the principal building.
b)
Such structure has 5,000 square feet of lot area dedicated to its use in addition to the district requirements for the principal use.
c)
No paying guests or tenants are housed.
d)
No other similar use or structure is located on the lot.
e)
The building's height and/or area does not exceed that of the principal building.
12.
Tutoring.
a)
The exterior appearance of the structure shall not be altered from its single-family character.
Accessory structures.
1.
All such structures shall be located upon the same lot and to the side or rear of the principal use at least ten feet from side or rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.
When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.
3.
No accessory building shall be constructed upon a lot before the principal building.
4.
No accessory structure may exceed the mean height of the principal building.
5.
The area of the accessory building's footprint may not exceed the principal structure.
6.
Swimming pools must be enclosed by a fence not less than five feet in height with a self-closing, self-latching gate and must comply with all applicable laws and safety and health ordinances.
7.
Heating and air conditioning units may encroach five feet into the required rear or side setback.
8.
There shall be no more than three accessory buildings, including any detached garages.
Use limitations.
1.
All outside storage must be stored in a side or rear yard and screened from all streets and adjacent properties by an opaque fence or wall at least six feet in height. The mayor and city council may approve the substitution of plantings for the required fence.
2.
All front yards must be planted with sod grass.
3.
No off-street parking space shall be utilized to park buses, tractor-trailers (attached or otherwise) or semi-trailer.
4.
There shall be only one principal use per lot.
Bulk and area regulations:
Minimum lot size: 80,000 square feet.
Minimum lot width: 50 feet.
Minimum lot width on a cul-de-sac: 35 feet.
Maximum building height 1 : 50 feet. [2]
Minimum heated floor space: 1,100 square feet.
Maximum lot coverage: 40 percent.
Front setback: 20 feet.
Minimum side setback: ten feet.
Minimum back setback: 20 feet.
Minimum parking required: two spaces.
Landscape and buffer requirements.
Not applicable in this district.
(Ord. No. 2024-014, § 1B, 6-10-2024)
Editor's note— Ord. No. 2024-014, § 1B, adopted June 10, 2024, set out provisions intended for use as § 8.67. Inasmuch as there were already provisions so designated, said section has been codified herein as § 8.69 at the discretion of the editor.
Note— Specific height requirements apply to signs. The height limitations do not apply to structures such as unoccupied and inaccessible architectural features on commercial or institutional buildings (e.g., church spires, church belfries, cupolas and domes on commercial buildings), government-owned observation towers, water towers, chimneys, smokestacks (in industrial districts), conveyors (in industrial districts), flag poles, masts, aerials, and similar structures, except that none of the above shall, within a three mile radius of the Cartersville-Bartow County Airport, exceed a height above the "clear zone" required for a safe approach to said airport as set forth by the Federal Aviation Administration. Furthermore, any said structure containing a sign shall be subject to the height requirements of the City of Emerson sign ordinance.
Sec. 8.70. - Reserved.
Editor's note— Ord. No. 2024-011, § 1O, adopted May 13, 2024, renumbered the former § 8.70 as § 8.80 and reserved § 8.70. The historical notation has been retained with the amended provisions for reference purposes.
Sec. 8.71. - Reserved.
Editor's note— Ord. No. 2024-011, § 1L, adopted May 13, 2024, renumbered the former § 8.71 as § 8.67 and reserved § 8.71. The historical notation has been retained with the amended provisions for reference purposes.
Sec. 8.72. - Reserved.
Editor's note— Ord. No. 2024-011, § 1P, adopted May 13, 2024, renumbered the former § 8.72 as § 8.68 and reserved § 8.72. The historical notation has been retained with the amended provisions for reference purposes.
Sec. 8.73. - RM-6, Multifamily Residential (six units/acre).
Purpose and intent.
The RM-6 district is intended to provide suitable areas for multifamily housing designed in a compatible and complementary manner so as to function as a singular and integrated land use. This zoning district may serve as a transitional zone between commercial/office uses and residential districts of a lesser intensity.
Permitted uses.
1.
Accessory uses and structures incidental to any legal permitted use.
2.
Assisted living, personal care and retirement home facilities, provided:
a)
Such facilities must obtain all necessary state licenses and/or certifications.
b)
The maximum number of beds permitted shall be determined by multiplying the site's acreage by the district's density limitation and a factor of 1.5.
Ex. A two-acre site could include 18 beds [(2 acres) x (6 DUA) x (1.5)= 18].
c)
Minimum parking of one space per bedroom and one space per each employee on largest shift.
3.
Apartments and condominiums, provided:
a)
Homeowners association required for maintenance of common areas and amenities.
4.
Leasing office, clubhouse, gazebo or other structures related to apartment development.
5.
Neighborhood recreation centers or swimming pools, provided:
a)
Lighting shall be established in such a way that it shall not adversely affect neighboring properties.
b)
Any building or structure established in connection with such use must be set back no less than 75 feet from any property line.
6.
Private parks and playgrounds.
7.
Public buildings and utilities.
8.
Rooming and boardinghouses.
a)
Maximum seven beds per acre.
b)
Minimum parking of one space per bedroom.
9.
Sign(s), (as permitted in the City of Emerson sign ordinance).
10.
Home occupations - See standards in section 8.92.
Conditional uses permitted by mayor and city council.
1.
Halfway houses - See standards in section 8.90.
2.
Religious institutions, including all accessory uses, including, but not limited to, child care centers, provided:
a)
Minimum lot size is five acres.
b)
Accessory schools and cemeteries are permissible provided an additional three acres is provided in addition to the five-acre church requirement.
c)
All parking areas shall include a 30 foot landscaped buffer when abutting any property used for single-family residential purposes.
d)
Minimum parking space of one space per three fixed seats or one space per 50 square feet of largest assembly room for those without fixed seating.
3.
Telecommunication towers and antennas - See standards in article 7, division 1.
Accessory structures.
1.
All such structures shall be located upon the same lot and to the side or rear of the principal use at least ten feet from side or rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.
When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.
3.
No accessory building shall be constructed upon a lot before the principal building.
4.
No accessory structure may exceed the mean height of the principal building.
5.
Swimming pools must be enclosed by a fence not less than five feet in height with a self-closing, self-latching gate and must comply with all applicable laws and safety and health ordinances.
6.
Heating and air conditioning units may encroach five feet into the required rear or side setback.
7.
All dumpsters shall be located in the rear or side yard, hidden from view, and covered with a roof structure.
Use limitations.
1.
All outside storage associated with non-residential uses must be stored in a side or rear yard and screened from all streets and adjacent properties by an opaque fence no less than six feet in height. The zoning administrator may approve the substitution of plantings for the required fence. Unenclosed carports and front porches may not be used for storing any materials other than firewood or recyclable materials within a city approved container.
2.
Buildings must be separated by at least 60 feet unless a side face is involved in which case the buildings shall be separated by no less than 40 feet.
3.
No building may exceed 250 feet in length.
4.
A recreation area must be provided at a ratio of one acre per 50 units (or a proportional percentage thereof) with a minimum of 10,000 square feet provided. Such area may serve as green space and/or developed for recreational purposes such as pools or basketball and tennis courts. Non-passive recreational areas must be located in such a manner that at least 75 percent of the units are within 300 feet, as measured from building footprints.
5.
When over 50 percent of the required parking is provided underground, a density bonus of two dwelling units per acre shall be allowed.
6.
Apartment complexes which convert to condominium use must file a new final plat and meet all requirements of the City of Emerson.
7.
No off-street parking space shall be utilized to park buses, tractor-trailers (attached or otherwise) or semi-trailer.
8.
Areas used for parking of any vehicle or trailer in this district shall be finished with a surface treated and hardened with concrete, asphalt, porous pavers, tar and gravel mix or the like.
Bulk and area regulations.
Minimum tract size: two acres.
Maximum density: six dwelling units per acre.
Minimum lot width: 50 feet.
Maximum building height: 50 feet.
Minimum floor area:
500 square feet for an efficiency.
600 square feet for one-bedroom unit.
800 square feet for two-bedroom unit.
1,000 square feet for three-bedroom unit.
Maximum building coverage: 35 percent.
Maximum impervious surface: 67 percent.
Front setback (arterial): 50 feet.
Front setback (other): 40 feet.
Side setback (major): 35 feet.
Side setback (minor): 25 feet.
Rear setback: 50 feet.
Minimum parking required:
Two spaces per unit.
One visitor space per five units.
Floor area ratios: At least 25 percent of multifamily units must be 1,000 square feet or above.
Landscape and buffer requirements.
When a RM-6 district abuts a single-family residential district or use, a 40-foot greenbelt buffer shall be established. Such buffer shall be undisturbed where practical or enhanced.
Where devoid of significant vegetation and must include a solid fence or wall (finished side to the exterior) no less than six feet in height or trees or shrubbery.
Green space requirement.
1.
For every RM-6 development, 25 percent of the gross tract area green space shall be required.
2.
Where applicable, the green space shall remain primarily undisturbed.
3.
The following are considered primary conservation areas and are required to be included within green space, unless the applicant demonstrates that with this provision would constitute an unusual hardship and be counter to the purposes of this ordinance:
a)
100-year floodplain,
b)
All required stream bank buffer zones,
c)
Floodway,
d)
Wetlands, as defined by the US Army Corps of Engineers pursuant to the Clean Water Act,
e)
Populations of endangered or threatened species, or habitat for such species,
f)
Archaeological sites, cemeteries, and burial grounds,
g)
Retention/detention areas, utility areas,
h)
Slopes over 25 percent of at least 5,000 square feet contiguous area,
i)
Roadways.
4.
The following are considered secondary conservation areas and are required to be included within green space to the maximum extent feasible:
a)
Important historic sites,
b)
Existing healthy, native forests of at least one-acre contiguous area,
c)
Individual existing healthy trees greater than eight inches in caliper, as measured from their outermost drip line,
d)
Other significant natural features and scenic view sheds such as ridge lines, peaks and rock outcroppings, particularly those that can be seen from public roads,
e)
Prime agricultural lands of at least five acres' contiguous area,
f)
Existing trails that connect the tract to neighboring areas.
5.
All green space must be organized and designed so that at least 75 percent of the green space shall be in a contiguous tract. The green space shall adjoin any neighboring areas of green space, other protected areas, and non-protected natural areas that would be candidates for inclusion as part of a future area of protected green space.
6.
Above ground utility rights-of-way and small areas of impervious surface may be included within the protected green space, but cannot be counted towards the 25 percent minimum area requirement (exception: historic structures and existing trails may be counted). Large areas of impervious surface shall be excluded from the green space.
7.
The green space shall be directly accessible to the largest practicable number of units. Non-adjoining lots shall be provided with safe, convenient access to the green space.
8.
Green space management plan required. A green space management plan ("plan") shall be prepared and submitted prior to the issuance of a land disturbance permit. This plan shall, at a minimum that consists of the following:
a)
Allocates responsibility and guidelines for the maintenance and operation of the green space and any facilities located thereon, including provisions for ongoing maintenance and for long-term capital improvements,
b)
Estimates the costs and staffing requirements needed for maintenance and operation of, and insurance for, the green space and outlines the means by which such funding will be obtained or provided,
c)
Provides that any changes to the plan be approved by the city,
d)
Provides for enforcement of the plan.
9.
Instrument of permanent protection required. An instrument of permanent protection, such as a conservation easement or permanent restrictive covenant shall be placed on the green space property concurrent with the issuance of a land disturbance permit.
Permitted/prohibited uses of green space.
1.
Permitted uses of green space:
a)
Active recreation areas, provided that they are limited to no more than ten percent of the total green space and are not located within primary conservation areas. Active recreation areas may include impervious surfaces. Active recreation areas in excess of this limit must be located outside of the protected green space,
b)
Agriculture, horticulture, silviculture, or pasture uses, provided that all applicable best management practices are used to minimize environmental impacts, and such activities are not conducted within primary conservation areas,
c)
Conservation of natural, archeological or historical resources,
d)
Easements for drainage, access, and underground utility lines,
e)
Meadows, woodlands, wetlands, wildlife corridors, game preserves, or similar conservation-oriented areas,
f)
Nonstructural stormwater management practices,
g)
Other conservation-oriented uses compatible with the purposes of this ordinance,
h)
Passive recreation areas,
i)
Walking or bicycle trails, provided they are constructed of porous paving materials.
2.
Prohibited uses of green space:
a)
Agricultural and forestry activities not conducted according to accepted best management practices,
b)
Other activities as determined by the applicant and recorded on the legal instrument providing for permanent protection,
c)
Roads, parking lots and impervious surfaces, except as specifically authorized in the previous sections.
Ownership and management of green space.
1.
The tract of land to be subdivided may be held in single and separate ownership or in multiple ownership. If held in multiple ownership, however, the site shall be developed according to a single plan with common authority and common responsibility
2.
The applicant must identify the owner of the green space and facilities located thereon. If a homeowners association is the owner, membership in the association is mandatory and automatic for all homeowners of the subdivision and their successors. If a homeowners association is the owner, the homeowners association shall have lien authority to ensure the collection of dues from all members. The responsibility for maintaining the green space and any facilities located thereon shall be borne by the owner.
3.
In the event the party responsible for maintenance of the green space fails to maintain all or any portion in reasonable order and condition, the City of Emerson may assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance. The costs of such maintenance may be charged to the owner, homeowners association, or to the individual property owners that make up the homeowners association, and may include administrative costs and penalties. Such costs shall become a lien on all subdivision properties.
Legal instrument for permanent protection.
1.
The green space shall be protected in perpetuity by a binding legal instrument that is recorded with the deed. The instrument shall be one of the following:
a)
A permanent conservation easement in favor of either:
i.
A land trust or similar conservation-oriented non-profit organization with legal authority to accept such easements. The organization shall be bona fide and in perpetual existence and the conveyance instruments shall contain an appropriate provision for retransfer in the event the organization becomes unable to carry out its functions; or
ii.
A governmental entity with an interest in pursuing goals compatible with the purposes of this ordinance.
b)
If the entity accepting the easement is not [the jurisdiction], then a third right of enforcement favoring [the jurisdiction] shall be included in the easement;
c)
A permanent restrictive covenant for conservation purposes in favor of a governmental entity; or
d)
An equivalent legal tool that provides permanent protection, if approved by the City of Emerson.
2.
The instrument for permanent protection shall include clear restrictions on the use of the green space. These restrictions shall include all restrictions contained in this ordinance, as well as any further restrictions the applicant chooses to place on the use of the green space.
(Ord. No. 2021-006, § I, 5-24-2021; Ord. No. 2024-011, § 1C, 5-13-2024; Ord. No. 2024-019, § 1A, 8-12-2024)
Editor's note— See editor's note at § 8.63.
Sec. 8.74. - RM-12, Multifamily Residential (12 units/acre).
Purpose and intent.
The RM-12 district is intended to provide suitable areas for multifamily housing designed in a compatible and complementary manner so as to function as a singular and integrated land use. This zoning district may serve as a transitional zone between commercial/office uses and residential districts of a lesser intensity.
Permitted uses.
1.
Accessory uses and structures incidental to any legal permitted use.
2.
Assisted living, personal care and retirement home facilities, provided:
a)
Such facilities must obtain all necessary state licenses and/or certifications.
b)
The maximum number of beds permitted shall be determined by multiplying the site's acreage by the district's density limitation and a factor of 1.5.
x. A 2-acre site could include 18 beds [(2.0 acres) x (12 DUA) x (1.5) = 36].
c)
Minimum parking of one space per bedroom and one space per each employee on largest shift.
3.
Condominiums and townhouses, provided:
a)
Maximum density: 12 units per acre.
b)
Minimum floor area: 1100 square feet per unit.
c)
Homeowners association required for maintenance of common areas and amenities.
4.
Leasing office, clubhouse, gazebo or other structures related to apartment development.
5.
Neighborhood recreation centers or swimming pools, provided:
a)
Lighting shall be established in such a way that it shall not adversely affect neighboring properties.
b)
Any building or structure established in connection with such use must be set back no less than 75 feet from any property line.
c)
All pools must adhere to the standards of the standard swimming pool code, as amended.
6.
Private parks and playgrounds.
7.
Public buildings and utilities.
8.
Rooming and boardinghouses.
a)
Maximum ten beds per acre.
b)
Minimum parking of one space per bedroom.
9.
Sign(s), (as permitted in the City of Emerson sign ordinance).
10.
Home occupations - See standards in section 8.92.
Conditional uses permitted by mayor and city council.
1.
Halfway houses. See standards in section 8.90.
2.
Religious institutions, including all accessory uses, including, but not limited to, child care centers, provided:
a)
Minimum lot size is five acres.
b)
Accessory schools and cemeteries are permissible provided an additional three acres is provided in addition to the five-acre church requirement.
c)
All parking areas shall include a 30-foot landscaped buffer when abutting any property used for single-family residential purposes.
d)
Minimum parking space of one space per three fixed seats or one space per 50 square feet of largest assembly room for those without fixed seating.
3.
Telecommunication towers and antennas - See standards in article 7, division 1.
Accessory structures.
1.
All such structures shall be located upon the same lot and to the side or rear of the principal use at least ten feet from side or rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.
When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.
3.
No accessory building shall be constructed upon a lot before the principal building.
4.
No accessory structure may exceed the mean height of the principal building.
5.
Swimming pools must be enclosed by a fence not less than five feet in height with a self-closing, self-latching gate and must comply with all applicable laws and safety and health ordinances.
6.
Heating and air conditioning units may encroach five feet into the required rear or side setback.
Use limitations.
1.
All outside storage associated with non-residential uses must be stored in a side or rear yard and screened from all streets and adjacent properties by an opaque fence no less than six feet in height. The zoning administrator may approve the substitution of plantings for the required fence. Unenclosed carports and front porches may not be used for storing any materials other than firewood or recyclable materials within a city approved container.
2.
Buildings must be separated by at least 60 feet unless a side face is involved in which case the buildings shall be separated by no less than 40 feet.
3.
No building may exceed 250 feet in length.
4.
A recreation area must be provided at a ratio of one acre per 50 units (or a proportional percentage thereof) with a minimum of 10,000 square feet provided. Such area may serve as green space and/or developed for recreational purposes such as pools or basketball and tennis courts. Non-passive recreational areas must be located in such a manner that at least 75 percent of the units are within 300 feet, as measured from building footprints.
5.
When over 50 percent of the required parking is provided underground, a density bonus of two dwelling units per acre shall be allowed.
6.
Apartment complexes, which convert to condominium use, must file a new final plat and meet all requirements of the City of Emerson.
7.
No off-street parking space shall be utilized to park buses, tractor-trailers (attached or otherwise) or semi-trailer.
8.
Areas used for parking of any vehicle or trailer in this district shall be finished with a surface treated and hardened with concrete, asphalt, porous pavers, tar and gravel mix or the like.
Bulk and area regulations.
Minimum tract size: two acres.
Maximum density: 12 dwelling units per acre.
Minimum tract width: 100 feet.
Maximum building height: 50 feet.
Minimum floor area:
550 square feet for an efficiency.
650 square feet for one-bedroom unit.
900 square feet for two-bedroom unit.
1,100 square feet for three-bedroom unit.
Maximum building coverage: 35 percent.
Maximum impervious surface: 67 percent.
Minimum parking required:
Two spaces per unit.
One visitor space per five units.
Front setback (arterial): 50 feet.
Front setback (other): 40 feet.
Side setback (major): 35 feet.
Side setback (minor): 25 feet.
Rear setback: 50 feet.
Minimum floor area for townhomes, condominiums: 1,200 square feet.
Floor area ratios: At least 25 percent of MF units must be 900 square feet or above.
Landscape and buffer requirements.
When a RM-12 district abuts a single-family residential district or use, a 40-foot greenbelt buffer shall be established. Such buffer shall be undisturbed where practical or enhanced where devoid of significant vegetation and must include a solid fence or wall (finished side to the exterior) no less than six feet in height or trees or shrubbery.
Green space requirement.
1.
For every RM-12 development, 40 percent of the gross tract area green space shall be required.
2.
Where applicable, the green space shall remain primarily undisturbed.
3.
For housing density calculation purposes, the maximum number of lots shall be determined by dividing the area of the tract of land by the minimum lot size, as described in the bulk and area requirements section of this ordinance. In making this calculation, the following shall not be included in the total area of the parcel:
a)
100-year floodplain,
b)
Floodway,
c)
Wetlands-as defined by the US Army Corps of Engineers pursuant to the Clean Water Act,
d)
Retention/detention areas, utility areas,
e)
Slopes over 25 percent of at least 5,000 square feet contiguous area,
f)
Road rights-of-way and areas reserved for utilities.
4.
The following are considered primary conservation areas and are required to be included within green space, unless the applicant demonstrates that with this provision would constitute an unusual hardship and be counter to the purposes of this ordinance:
a)
100-year floodplain,
b)
All required stream bank buffer zones,
c)
Floodway,
d)
Wetlands-as defined by the US Army Corps of Engineers pursuant to the Clean Water Act,
e)
Populations of endangered or threatened species, or habitat for such species,
f)
Archaeological sites, cemeteries, and burial grounds,
g)
Retention/detention areas, utility areas,
h)
Slopes over 25 percent of at least 5,000 square feet contiguous area,
i)
Roadways.
5.
The following are considered secondary conservation areas and are required to be included within green space to the maximum extent feasible:
a)
Important historic sites,
b)
Existing healthy, native forests of at least one-acre contiguous area,
c)
Individual existing healthy trees greater than eight inches in caliper, as measured from their outermost drip line,
d)
Other significant natural features and scenic view sheds such as ridge lines, peaks and rock outcroppings, particularly those that can be seen from public roads,
e)
Prime agricultural lands of at least five acres' contiguous area,
f)
Existing trails that connect the tract to neighboring areas.
6.
All green space must be organized and designed so that at least 75 percent of the green space shall be in a contiguous tract. The green space shall adjoin any neighboring areas of green space, other protected areas, and non-protected natural areas that would-be candidates for inclusion as part of a future area of protected green space.
7.
Above ground utility rights-of-way and small areas of impervious surface may be included within the protected green space, but cannot be counted towards the 40 percent minimum area requirement (exception: historic structures and existing trails may be counted). Large areas of impervious surface shall be excluded from the green space.
8.
The green space shall be directly accessible to the largest practicable number of lots within the subdivision. Non-adjoining lots shall be provided with safe, convenient access to the green space.
9.
Green Space Management Plan Required. A green space management plan ("plan") shall be prepared and submitted prior to the issuance of a land disturbance permit. This plan shall, at a minimum that consists of the following:
a)
Allocates responsibility and guidelines for the maintenance and operation of the green space and any facilities located thereon, including provisions for ongoing maintenance and for long-term capital improvements,
b)
Estimates the costs and staffing requirements needed for maintenance and operation of, and insurance for, the green space and outlines the means by which such funding will be obtained or provided,
c)
Provides that any changes to the plan be approved by the board of commissioners,
d)
Provides for enforcement of the plan.
10.
Instrument of permanent protection required. An instrument of permanent protection, such as a conservation easement or permanent restrictive covenant shall be placed on the green space property concurrent with the issuance of a land disturbance permit.
Permitted/prohibited uses of green space.
1.
Permitted uses of green space:
a)
Active recreation areas, provided that they are limited to no more than ten percent of the total green space and are not located within primary conservation areas. Active recreation areas may include impervious surfaces. Active recreation areas in excess of this limit must be located outside of the protected green space,
b)
Agriculture, horticulture, silviculture, or pasture uses, provided that all applicable best management practices are used to minimize environmental impacts, and such activities are not conducted within primary conservation areas,
c)
Conservation of natural, archeological or historical resources,
d)
Easements for drainage, access, and underground utility lines,
e)
Meadows, woodlands, wetlands, wildlife corridors, game preserves, or similar conservation-oriented areas,
f)
Nonstructural stormwater management practices,
g)
Other conservation-oriented uses compatible with the purposes of this ordinance,
h)
Passive recreation areas,
i)
Walking or bicycle trails, provided they are constructed of porous paving materials.
2.
Prohibited uses of green space:
a)
Agricultural and forestry activities not conducted according to accepted best management practices,
b)
Golf courses,
c)
Other activities as determined by the applicant and recorded on the legal instrument providing for permanent protection.
d)
Roads, parking lots and impervious surfaces, except as specifically authorized in the previous sections.
Ownership and management of green space.
1.
The tract of land to be subdivided may be held in single and separate ownership or in multiple ownership. If held in multiple ownership, however, the site shall be developed according to a single plan with common authority and common responsibility (see ownership and management section of this ordinance).
2.
The applicant must identify the owner of the green space and facilities located thereon. If a homeowners association is the owner, membership in the association is mandatory and automatic for all homeowners of the subdivision and their successors. If a homeowners association is the owner, the homeowners association shall have lien authority to ensure the collection of dues from all members. The responsibility for maintaining the green space and any facilities located thereon shall be borne by the owner.
3.
In the event the party responsible for maintenance of the green space fails to maintain all or any portion in reasonable order and condition, the City of Emerson may assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance. The costs of such maintenance may be charged to the owner, homeowners association, or to the individual property owners that make up the homeowners association, and may include administrative costs and penalties. Such costs shall become a lien on all subdivision properties.
Legal instrument for permanent protection.
1.
The green space shall be protected in perpetuity by a binding legal instrument that is recorded with the deed. The instrument shall be one of the following:
a)
A permanent conservation easement in favor of either:
i.
A land trust or similar conservation-oriented non-profit organization with legal authority to accept such easements. The organization shall be bona fide and in perpetual existence and the conveyance instruments shall contain an appropriate provision for retransfer in the event the organization becomes unable to carry out its functions; or
ii.
A governmental entity with an interest in pursuing goals compatible with the purposes of this ordinance.
b)
If the entity accepting the easement is not [the jurisdiction], then a third right of enforcement favoring [the jurisdiction] shall be included in the easement,
c)
A permanent restrictive covenant for conservation purposes in favor of a governmental entity; or
d)
An equivalent legal tool that provides permanent protection, if approved by the City of Emerson.
2.
The instrument for permanent protection shall include clear restrictions on the use of the green space. These restrictions shall include all restrictions contained in this ordinance, as well as any further restrictions the applicant chooses to place on the use of the green space.
(Ord. No. 2021-006, § I, 5-24-2021; Ord. No. 2024-011, § 1E, 5-13-2024)
Editor's note— See editor's note at § 8.64.
Sec. 8.75. - C-1, Neighborhood Retail Commercial.
Purpose and intent.
The C-1 district is intended to provide suitable areas for limited retail and personal services serving those neighborhoods in the immediate area. Uses located within this district supply those goods and services that require frequent purchasing with a minimum of customer travel. The scope at which properties are developed within the C-1 district should reflect their relatively small market areas. This zoning district may serve as a step down from more intense commercial uses to residential uses. Goals and objectives of the C-1 district are:
1.
To create attractive living areas that will reduce pressure and demand for sprawling development.
2.
To accommodate, in compatible fashion, appropriate mixes of residential, employment, and commercial uses in close proximity.
3.
To create neighborhoods that are visually coherent.
4.
To create compact, identifiable settlements, with visually discernible boundaries.
5.
To protect and promote suitable areas for business and commercial uses which benefit from proximity to each other.
6.
To encourage the intensive development of a centralized business center for the City of Emerson.
Permitted uses.
1.
Animal grooming shops.
2.
Athletic and health clubs.
3.
Banks and financial institutions.
4.
Barber and beauty shops.
5.
Care Homes (Professional).
a)
Minimum parking of one space per bedroom and one space per each employee on largest shift.
6.
Coin operated laundries and dry cleaning pickup establishments.
7.
Convenience stores. Such uses may include self-service fuel sales, provided:
a)
All gasoline pumps, tanks and other service facilities shall be set back at least 20 feet from all property lines.
b)
Canopies over fuel islands shall not encroach within 15 feet of any property line.
c)
No automotive repair is allowed.
8.
Car washes permitted as accessory use only.
a)
Minimum parking of one space per 200 square feet.
9.
Copy centers.
10.
Day care centers and nursery schools, provided:
a)
Such use must obtain certification from the Georgia Department of Human Resources
b)
Any outdoor play area shall be enclosed by a fence not less than four feet in height and located in the rear yard area of the principal building with a self-closing, self-latching gate.
c).
Minimum parking regulations required per district along with one space per employee on largest shift.
11.
Eating and drinking establishments.
a)
Minimum parking of one space per 200 square feet.
12.
Grocery/food stores. Limited to 20,000 square feet of gross floor area.
13.
Neighborhood retail uses (excluding pawn shops) with floor areas under 10,000 square feet. Appropriate uses include:
a)
Apparel stores.
b)
Beverage shops.
c)
Book and video stores (non-adult).
d)
Camera shops.
e)
Drug stores.
f)
Florists.
g)
Gift shops.
h)
Jewelry stores.
i)
Pet grooming and supply shops.
j)
Other similar and customary uses.
k)
Sporting goods and hobbies.
l)
Toy stores.
14.
Non-automotive repair services such as cameras, shoes, jewelry and the like.
a)
Parking for vehicles. If such use abuts a single-family residential district, a 15-foot-wide landscaped buffer with a solid fence, wall, shrubbery or trees; no less than six feet in height shall be provided.
15.
Pharmacies and drug stores.
16.
Photo studios.
17.
Professional offices with floor areas under 15,000 square feet.
18.
Public buildings and utilities.
19.
Radio, recording and television studios.
20.
Religious institutions, provided:
a)
Minimum lot size is five acres.
b)
Accessory schools and cemeteries are permissible provided an additional three acres is provided in addition to the five-acre church requirement.
c)
Minimum parking space of one space per three fixed seats or one space per 50 square feet of largest assembly room for those without fixed seating.
21.
Shopping centers, neighborhood markets (up to 30,000 square feet in gross floor area).
a)
No out parcels allowed.
b)
All businesses and uses within these centers must be permissible within the district in their own right.
c)
All loading areas shall be located to the rear.
22.
Other uses which are substantially similar in character and impact to those uses enumerated above. Such uses must clearly meet the purpose and intent of this zoning district.
23.
Accessory uses and structures incidental to any legal permitted use.
24.
Sign(s), (as permitted in the City of Emerson sign ordinance).
Conditional uses permitted by mayor and city council.
1.
Construction contractors' offices (including, but not limited to, building, heating, plumbing and electrical) and related activities provided the following conditions are met:
a)
The use must provide for the main office of the contracting company.
b)
A maximum of 50 percent of the net floor area will be set aside for storage of equipment and materials and the fabrication of and assembly of said materials.
c)
There shall be no outdoor storage of materials, supplies, equipment, or construction vehicles. Construction vehicles means any vehicles whose primary purpose is use in land development including, but not limited to, earth-moving equipment, dump trucks, and bucket trucks.
2.
Mixed use retail and limited manufacturing as produced by an artisan, as defined, provided the following conditions are met:
a)
Items assembled or produced on-site as part of the manufacturing function must be offered for sale as part of the retail function;
b)
No more than 50 percent of the floor area shall be used for manufacturing purposes;
c)
In as much as the manufacturing component of the business entity is considered a secondary use, it should be situated in such a way as not intrude on the retail activities. Furthermore, public access to the manufacturing component shall only be permitted through the retail portion of the business entity;
d)
All signage associated with the business entity shall only advertise the retail component;
e)
Outdoor mechanical equipment associated with the manufacturing component of the business entity shall be screened from public view with lattice-work or some other similar screening material;
f)
When located adjacent to an R-District, such use shall restrict its hours to 6:00 a.m. to 10:00 p.m. In addition, the building shall be designed so that no wall greenings face the R-District;
g)
Parking requirements shall be met for both retail and manufacturing functions.
3.
Residential lofts provided the following conditions are met:
a)
Maximum density of five units per acre.
b)
Residential units shall be located only on the second story (entry ways may be accessed from the ground level).
c)
Minimum parking regulations required per district along with one space per unit.
4.
Bed and breakfast, provided:
a)
The facility is operated by the resident-owner with a maximum of five guestrooms rented for a daily or weekly fee, which use is subordinate and incidental to the primary residence.
b)
The structure shall contain 2,000 square feet or more of gross heated floor area.
c)
No freestanding signs are permitted. All signage must be attached to the structure used for the bed and breakfast house and not exceed six square feet and be indirectly illuminated.
d)
The exterior appearance of the structure shall not be altered from its single-family character, and, if changes are made, the changes must be approved by mayor and city council.
e)
All bed and breakfast houses must meet all applicable health and safety codes.
f)
Maximum length of stay shall not exceed 14 days.
g)
A minimum of one parking space per rental room is provided in addition to those required for the resident.
5.
Telecommunication towers and antennas - See standards in article 7, division 1.
6.
Billiards, pool halls and video arcades.
Accessory structures.
1.
All such structures shall be located upon the same lot and to the side or rear of the principal use at least ten feet from side or rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.
Any accessory building in excess of 1,000 square feet of gross space must meet the setback standards of the principal use and shall be architecturally compatible with the principal structure.
3.
When an accessory building is attached to the principal building in any manner, it shall be deemed a part of the principal structure and subject to all bulk area requirements of the same.
4.
No accessory building shall be constructed upon a lot before the principal building, nor shall it contain a greater amount of floor space than the principal structure.
5.
No accessory structure may exceed the more restrictive of either 15 feet or the height of the principal building. Heating and air condition units may encroach five feet into the required rear or side setback.
a)
All rooftop units must be screened.
b)
All dumpsters shall be located in the rear or side yard and hidden from view.
c)
No outside storage allowed.
Use limitations.
1.
All outside storage areas must be located in the rear yard and must be screened by a solid fence, wall, shrubbery, or trees; no less than six feet in height.
2.
No manufacturing processes are permitted, except for those explicitly listed above.
3.
Building design and materials may be of the developer's choosing; as long as all structures within a development are designed and constructed with a consistent architectural theme. However, any facade of the building facing a roadway shall be constructed with brick, glass, stucco, stone, or rock.
4.
All new developments must submit a site plan.
5.
Areas used for parking of any vehicle or trailer in this district shall be finished with a surface treated and hardened with concrete, asphalt, porous pavers, tar and gravel mix or the like.
Bulk and area regulations.
Minimum lot size: 5,000 square feet.
Minimum lot width: 35 feet.
Maximum building height: 50 feet.
Maximum impervious surface: 80 percent.
Minimum landscaped area: 20 percent.
Front setback (arterial): ten feet.
Front setback (other): ten feet.
Side setback (major): ten feet.
Side setback (minor): zero feet.
Rear setback: ten feet.
Minimum parking required: one space per 300 square feet.
Landscape and buffer requirements.
1.
When a property in this district directly abuts a residential district, a 20-foot greenbelt buffer shall be established. Such buffer must include a solid fence, wall, shrubbery or trees; no less than six feet in height. Buffers may be natural, planted or a combination thereof.
2.
Landscaped areas must contain appropriate materials such as grass, hedges, trees, natural vegetation and the like. Landscaping along rights-of-way and within parking lots may be counted within this figure, however, no more than 33 percent of the required landscaping provided may be within stormwater retention facilities.
3.
Stormwater retention facilities are not permitted within required buffers.
Supplemental provisions.
1.
When such buildings are adjacent to existing development, facades shall be built within a distance of the frontage line that equals the average of five feet and the setback distance of adjacent development.
2.
All uses shall be conducted within complete enclosed buildings unless otherwise specified.
3.
No less than 75 percent of parking spaces shall be to the side or rear of the building and shall be screened from the sidewalk by low walls, fences or hedges.
4.
Parking lots and parking garages as primary uses shall not abut street intersections.
Design provisions.
1.
New buildings shall be compatible in size, scale and mass with buildings and architectural styles prevalent in the area.
2.
Building frontages shall face the street whenever possible.
3.
The maximum height of walls or fences shall be eight feet. Barbed wire is prohibited.
4.
A consistently high quality of architecture shall be used throughout the development.
(Ord. No. 2021-006, § I, 5-24-2021; Ord. No. 2024-011, § 1G, 5-13-2024)
Editor's note— See editor's note at § 8.65.
Sec. 8.76. - C-2, Community Retail Commercial.
Purpose and intent.
The C-2 district is intended to provide suitable areas for the provision of retail and personal services for the community at large. The regulations which apply within this district are designed to encourage the formation of compatible and economically healthy business and service uses which benefit from close proximity to each other.
Permitted uses.
1.
Permitted uses listed under C-1.
2.
Ambulance services.
3.
Animal hospitals, kennels clinics.
a)
All structures shall be located and activities conducted at least 100 feet from any property zoned for residential purposes.
b)
All animals shall be located within an enclosed building and adequate sound and odor control shall be maintained.
4.
Automobile, trailer and boat sales.
a)
Minimum one-acre lot size.
b)
All vehicles shall be set back at least ten feet from the street right-of-way line.
5.
Automotive repair shops (including paint and body).
a)
Such use shall not be permitted within 50 feet of any property used for a school, park, playground or hospital.
b)
All activities shall be carried on entirely within an enclosed building.
c)
Such use shall not be established on a lot which is adjacent to or directly across the street from any single-family residential district.
d)
All outdoor storage must be to the rear of the principal structure and enclosed by a solid fence, wall, shrubbery or trees; no less than six feet in height.
6.
Automobile service stations.
a)
All gasoline pumps, tanks and other service facilities shall be set back at least 20 feet from all property lines.
b)
Canopies over fuel islands shall not encroach within 15 feet of any property line.
c)
Minor automobile repair shall be allowed in conjunction with such use provided all such activities shall take place within an enclosed building.
d)
No outside storage or engine/body dismantling is allowed.
7.
Car washes.
8.
Car maintenance facilities such as brake repair, installation of tires, tune-up shops, oil change services, emission stations and the like.
a)
All activities shall take place within an enclosed building.
b)
No outside storage or engine/body dismantling is allowed.
9.
Clinics and health centers.
10.
Clubs and lodges, including assembly halls and conference centers. Such use may include office space where incidental to the principal use.
a)
Minimum parking of one space per three fixed seats or one space per 50 square feet of largest assembly room for those without fixed seating.
11.
Coliseum, stadium.
a)
Minimum lot size of five acres.
b)
Minimum parking to be determined by parking generation study funded by applicant and approved by the zoning administrator.
12.
Commercial landscapers.
a)
Outdoor storage shall be at least 25 feet from the street right-of-way.
b)
Such use shall be at least 100 feet from any property zoned single-family residential.
13.
Cultural facilities. Art galleries, museums, theaters, libraries, and other uses similar in character to those listed.
14.
Dry cleaning utilizing petrochemicals.
a)
Such use shall not be established within 100 feet of any property used or zoned for residential purposes.
15.
Exterminating facilities.
16.
Farm and garden supply stores, including nurseries and greenhouses.
a)
Outdoor storage shall be at least 25 feet from the street right-of-way.
17.
Funeral homes.
a)
All structures shall be located and activities conducted at least 100 feet from any property zoned for residential purposes.
b)
Minimum parking of one space per three fixed seats or one space per 50 square feet of largest assembly room for those without fixed seating.
18.
Golf courses and driving ranges, provided:
a)
The facility shall be enclosed by a wall or fence and buffer area often feet in depth to screen adjacent property.
b)
Central loudspeakers are prohibited.
c)
Any building or structure established in connection with such use shall be set back not less than 100 feet from rear and side property lines.
d)
Minimum parking of two and one-half spaces per hole for golf courses and 0.75 spaces per tee for driving ranges.
19.
Grocery and food stores.
20.
Hospitals.
a)
Minimum parking of one space per bedroom and one space per each employee on the largest shift.
21.
Hotels and motels.
a)
Such use shall not be established within 300 feet of any property zoned for residential use.
b)
Maximum density of 100 guest units per acre.
c)
Motel rooms shall open to inside corridors only.
d)
Minimum parking of one space per guest room and one space per employee on the largest shift and one space per 50 square feet in the largest assembly room without fixed seating.
22.
Lumber, hardware, paint, glass and wallpaper stores.
a)
Outdoor storage shall be at least 50 feet from the street right-of-way line and be screened with a solid fence or wall no less than six feet in height.
23.
Medical and dental laboratories, provided chemicals are not manufactured on site.
24.
Movie theaters.
a)
Minimum parking of one space per three fixed seats.
25.
Multi-lease shops.
a)
No outdoor display or stalls permitted.
26.
Parking lots and garages.
a)
Up to 75 percent of the gross floor area of the ground floor level may be devoted toward commercial use oriented towards pedestrian traffic.
27.
Plumbing and heating equipment dealers.
28.
Printing services.
29.
Private parks and playgrounds including commercial recreation facilities (indoor and outdoor).
a)
Minimum parking to be determined by parking generation study funded by applicant and approved by the zoning administrator.
30.
Professional and general business offices.
a)
No outside storage is permitted.
31.
Public buildings and utilities.
32.
Retail automobile parts and tire stores.
a)
There shall be no dismantling of vehicles on the premises to obtain auto parts.
b)
The only auto part installation that shall be permitted in connection with such use shall be the installation of tires and the installation of minor maintenance or accessory parts.
c)
Major auto repair shall not be permitted in connection with such uses. Minor repair and maintenance may be permitted provided such repair and maintenance shall be incidental to the normal up-keep of an automobile.
35.
Retail trade. Appropriate uses include, but are not limited to:
a)
Apparel stores.
b)
Beverage shops.
c)
Department stores.
d)
Book and video stores (non-adult).
e)
Camera shops.
f)
Chiropractor.
g)
Drug stores.
h)
Electronic sales/repair.
i)
Florists.
j)
Furniture, home furnishings and equipment stores.
k)
General commercial merchandise (variety or department store).
l)
General commercial wholesale club.
m)
Gift shops.
n)
Hardware stores/home improvement.
o)
Jewelry stores.
p)
Nail salons.
q)
Office supplies.
r)
Packing/shipping.
s)
Pawn shops.
t)
Pet grooming and supply shops.
u)
Spas.
v)
Sporting goods and hobbies.
w)
Toy stores.
x)
And other similar uses.
36.
Shopping centers (up to 400,000 square feet in gross floor area, excluding out parcels). All businesses and uses within these centers must be permissible within the district in their own right (and remain subject to any relevant distancing requirements) except dry cleaning plants utilizing petrochemicals.
a)
All loading areas shall be located to the rear.
b)
All out parcels must meet the minimum standards.
c)
The shopping center must allow for vehicular and pedestrian interconnectivity with the neighboring properties and out parcels, where the topography difference is less than a two to one slope.
37.
Sign(s), (as permitted in the City of Emerson sign ordinance).
38.
Stations, bus or train terminals for passenger service with minimum freight.
a)
Minimum parking to be determined by parking generation study funded by applicant and approved by the zoning administrator.
39.
Taxi stands and dispatching agencies.
40.
Telecommunications offices (excluding towers).
41.
Vehicle leasing, rental facilities meeting the following criteria:
a)
All vehicles must be stored or otherwise kept to the rear of the shopping center.
b)
No vehicle maintenance shall be performed on site except vacuuming and washing of vehicles.
c)
The number of vehicles stored or otherwise kept on site cannot exceed 20.
d)
All vehicles on site must be in good working order.
42.
Other uses which are substantially similar in character and impact to those uses enumerated above. Such uses must clearly meet the purpose and intent of this zoning district.
43.
Accessory uses and structures incidental to any legal permitted use.
Conditional uses permitted by mayor and city council.
1.
Amusement centers and arcades, including billiards and pool halls.
2.
Construction contractors' offices (including, but not limited to, building, heating, plumbing and electrical) and related activities provided the following conditions are met:
a)
The use must provide for the main office of the contracting company.
b)
A maximum of 75 percent of the net floor area will be set aside for storage of equipment and materials and the fabrication of and assembly of said materials.
c)
There shall be no outdoor storage of materials, supplies, equipment, or construction vehicles. Construction vehicles means any vehicles whose primary purpose is use in land development including, but not limited to, earth-moving equipment, dump trucks, and bucket trucks.
3.
Extended stay facilities - See standards in section 8.91.
4.
Mini-warehouses (including boat, R.V. and other vehicle storage).
a)
Minimum parking of one space per 40 storage units.
5.
Religious institutions with a lot size less than five acres, provided:
a)
All applications must include a specific site plan.
b)
The use of a church in an existing shopping center, (as defined in this ordinance) shall not affect the ability of neighboring businesses within the shopping center from applying for alcohol permits under the city ordinances. Such businesses, whether established prior to or after the location of a church, shall not be required to meet the minimum distance requirements within the shopping center.
6.
Shopping centers (over 400,000 square feet in gross floor area, excluding out parcels). All businesses and uses within these centers must be permissible within the district in their own right (and remain subject to any relevant distancing requirements) except dry cleaning plants utilizing petrochemicals.
a)
All loading areas shall be located to the rear.
b)
The shopping center must allow for vehicular and pedestrian interconnectivity with the neighboring properties and out parcels, where the topography difference is less than a two to one slope.
c)
Such use shall be located at least 750 feet from residentially zoned property.
d)
Such use may not be established within 1,000 feet of any other shelter for the homeless.
7.
Telecommunication towers and antennas - See standards in article 7, division 1.
8.
RV parks - See standards in article 7, division 10.
Accessory structures.
1.
All such structures shall be located upon the same lot and to the side or rear of the principal use at least ten feet from side or rear lot lines. Accessory structures may not be located within 25 feet of any residential property. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.
Any accessory building in excess of 1,500 square feet of gross space must meet the setback standards for a principal use and shall be architecturally compatible with the principal structure.
3.
When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of the same.
4.
No accessory building shall be constructed upon a lot before the principal building, nor shall it contain a greater floor area than the principal structure.
5.
No accessory structure may exceed the more restrictive of either 25 feet or the height of the principal building,
6.
Swimming pools must be enclosed by a fence not less than five feet in height with a self-closing, self-latching gate and must comply with all applicable safety and health ordinances.
7.
Heating and air conditioning units may encroach five feet into the required rear or side setback.
8.
All rooftop units shall be screened.
9.
All dumpsters shall be located in the rear or side yard and shall have a roof structure.
10.
Recycling collection/drop off centers.
a)
No outside storage allowed.
b)
Location of container bins must be approved by the administrator.
Use limitations.
1.
All outside storage areas must be located in the side or rear yard and must be screened by a solid fence, wall, shrubbery or trees; no less than six feet in height. Limited to 25 percent of the total lot.
2.
No manufacturing processes are permitted.
3.
Building design and materials may be of the developer's choosing; however, any facade of the building facing a roadway shall be constructed with brick, stone, rock or wood covering.
4.
All new developments must submit a site plan for approval.
5.
Areas used for parking of any vehicle or trailer in this district shall be finished with a surface treated and hardened with concrete, asphalt, porous pavers, tar and gravel mix or the like.
Bulk and area regulations.
Minimum lot size: 30,000 square feet.
Minimum lot width: 150 feet.
Maximum building height: 75 feet.
Maximum impervious surface: 80 percent.
Minimum landscaped area: 15 percent.
Front setback (arterial): 45 feet.
Front setback (other): 35 feet.
Side setback (major): 30 feet.
Side setback (minor): 20 feet.
Rear setback: 40 feet.
Minimum parking required: one space per 300 square feet.
Landscape and buffer requirements.
1.
When a property in this district directly abuts a residential district, a 40-foot greenbelt buffer shall be established. Such buffer must include a solid fence, wall, shrubbery or trees; no less than six feet in height.
2.
Landscaped areas must contain appropriate materials such as grass, hedges, trees, natural vegetation and the like. Landscaping along rights-of-way and within parking lots may be counted within this figure, however, no more than 25 percent of the required landscaping provided may be within stormwater retention facilities.
3.
Stormwater retention facilities are not permitted within required buffers.
Zoning incentives.
The following zoning incentives are designed to allow specific benefits to property owners, developers, and end users of a property and not for the purpose of circumventing any other provision of this ordinance. If a specific incentive is determined to be contrary to any provision of this ordinance, the city reserves the right to deny a specific incentive on that basis alone.
1.
If required parking is provided exclusively in the rear yard, then the required front yard setback may be reduced 50 percent.
2.
Where parking spaces are provided in on-site underground or deck parking, a bonus floor area of 350 square feet for each provided parking space shall be allowed.
3.
Any entity that retrofits an existing site without vehicular or pedestrian interconnection to provide permanent access to adjacent sites' parking and sidewalks shall be allowed a 20 percent reduction in required parking.
4.
All developments wherein the front door is located within 250 feet of a public transit stop shall be allowed a ten percent reduction in required parking.
(Ord. No. 2021-006, § I, 5-24-2021; Ord. No. 2021-018, § I, 11-22-2021; Ord. No. 2024-011, § 1I, 5-13-2024)
Editor's note— See editor's note at § 8.66.
Sec. 8.77. - LI, Light Industrial.
Purpose and intent.
The LI district is intended to provide suitable areas for business distribution/service facilities, transportation terminals and manufacturing/assembly processes which do not emit noise, vibration, smoke, gas, fumes, odors or any other effluents from an enclosed building. These districts should have access to arterial roadways and utilities and discourage uses that are incompatible with light manufacturing. When located on the perimeter of an industrial node, the LI district should provide for uses that are low in intensity and scale to ensure compatibility with adjacent properties.
Permitted uses.
1.
Administrative and distribution offices including contractors' offices.
a)
All outdoor storage must be screened with an opaque fence or wall, shrubbery or trees no less than six feet in height and at least 50 feet from any property zoned or used for residential purposes and 25 feet from city right-of-way.
2.
Agriculture and forestry, provided:
a)
All buildings used for livestock shall be set back not less than 200 feet from any property line.
b)
All animals, domesticated or livestock, shall be maintained at least 100 feet from any property line.
c)
Livestock and poultry rearing are not permitted on lots containing less than two acres.
d)
Abattoirs and hatcheries shall be located at least 500 feet from any property zoned for residential use.
3.
Ambulance services.
4.
Animal grooming shops.
a)
All structures shall be located and activities conducted at least 100 feet from any property zoned for residential purposes.
5.
Animal hospitals, kennels and veterinary clinics.
a)
All structures shall be located and activities conducted at least 100 feet from any property zoned for residential purposes.
b)
All animals shall be located within an enclosed building and adequate sound and odor control shall be maintained.
6.
Assembly halls including union halls, conference centers, fraternal clubs and uses of a similar nature.
a)
Minimum parking to be determined by parking generation study funded by applicant and approved by the zoning administrator.
7.
Automobile, trailer and boat sales/service.
a)
Minimum one-acre lot size.
b)
All vehicles shall be set back at least ten feet from the street right-of-way line.
c)
Such use shall be located at least 50 feet from any properties zoned for residential purposes.
d)
A solid fence, wall, shrubbery or trees no less than six feet in height shall be maintained to provide a visual screening between the residential and commercial properties.
8.
Automotive repair shops (including paint and body).
a)
Such use shall not be permitted within 50 feet of any property used for a school, park, playground or hospital.
b)
All activities shall be carried on entirely within an enclosed building.
c)
Such use shall not be established on a lot, which is adjacent to or directly across the street from any single-family residential district.
d)
All outdoor storage must be to the rear of the principal structure and enclosed by an opaque fence, wall, shrubbery or trees no less than eight feet in height.
9.
Automobile service stations.
a)
All gasoline pumps, tanks and other service facilities shall be set back at least 20 feet from all property lines.
b)
Canopies over fuel islands shall not encroach within 15 feet of any property line.
c)
Minor automobile repair shall be allowed in conjunction with such use provided all such activities shall take place within an enclosed building.
d)
No outside storage or engine/body dismantling is allowed.
10.
Car maintenance facilities such as brake repair, installation of tires, tune-up shops, oil change services, emission stations and the like.
a)
All activities shall take place within an enclosed building.
b)
No outside storage or engine/body dismantling is allowed.
11.
Car washes.
12.
Coliseum, stadiums and amusement parks. Minimum five-acre lot size.
a)
The facility shall have a buffer area of ten feet in depth to screen adjacent property.
b)
No building shall not be permitted within 500 feet of property zoned or used for residential purposes.
c)
Minimum parking to be determined by parking generation study funded by applicant and approved by the zoning administrator.
13.
Commercial greenhouse or plant nursery.
14.
Commercial recreation and entertainment facilities.
a)
Minimum parking to be determined by parking generation study funded by applicant and approved by the zoning administrator.
15.
Community fairs.
16.
Cultural facilities. Art galleries, museums, legitimate theaters, libraries, and other uses similar in character to those listed.
17.
Drive-in movie theater.
a)
The theater screen and all buildings shall be set back at least 50 feet from any property line.
b)
Central loudspeakers are prohibited.
c)
The theater screen shall not be visible from an interstate or arterial roadway.
18.
Dry cleaning plants.
a)
Such use shall be at least 300 feet from any property zoned or used for residential purposes.
b)
All applicable state, federal and local codes must be met.
19.
Exterminating facilities.
20.
Farm and garden supply stores, including nurseries and greenhouses.
a)
Outdoor storage shall be at least 25 feet from city right-of-way.
21.
Farmers' markets.
22.
Fuel and ice dealers.
23.
Funeral homes.
a)
All structures shall be located and activities conducted at least 100 feet from any property zoned for residential purposes.
b)
Minimum parking of one space per three fixed seats or one space per 50 square feet of largest assembly room for those without fixed seating.
24.
Golf courses and driving ranges, provided.
a)
The facility shall have a buffer area of ten feet in depth to screen adjacent property.
b)
Central loudspeakers are prohibited.
c)
Any building or structure established in connection with such use shall be set back not less than 100 feet from rear and side property lines.
d)
Minimum parking of two and one-half spaces per hole for golf courses and 0.75 spaces per tee for driving ranges.
25.
Health service clinics (including accessory pharmacies).
26.
Heavy repair services and trade shops, including sheet metal, upholstering, plumbing, carpentry, sign painting and other similar activities.
27.
Helicopter landing areas.
a)
Minimum one-acre lot.
b)
Must be enclosed by a fence or wall no less than eight feet in height.
28.
Industrial/warehouse parks.
29.
Light assembly and fabrication.
a)
No activity which produces liquid effluent, odor, fumes or dust which can be detected beyond the walls of the building is permitted.
30.
Light manufacturing establishments.
a)
Maximum lot size of five acres.
b)
No activity which produces liquid effluent, odor, fumes or dust which can be detected beyond the walls of the building is permitted.
31.
Movie theaters.
a)
Minimum parking of one space per three fixed seats.
32.
Newspaper publishing facilities.
33.
Office service and supply facilities (non-retail).
34.
Outdoor advertising services.
a)
Includes the construction, repair, and maintenance of outdoor advertising signs.
b)
All non-storage activities shall be conducted within an enclosed building.
35.
Outdoor storage facilities, excluding junk and salvage yards.
a)
Such use shall be enclosed by an opaque fence, wall, shrubbery or trees no less than eight feet in height which provides continuous visual screening.
b)
No repair or other such activity shall be conducted.
c)
Such use shall be at least 50 feet from any property zoned or used for residential purposes and 25 feet from city right-of-way.
36.
Parking lots and garages.
37.
Printing services.
38.
Private parks and playgrounds including commercial recreation facilities (indoor and outdoor).
a)
Minimum parking to be determined by parking generation study funded by applicant and approved by the zoning administrator.
39.
Public buildings and utilities.
40.
Radio and television studio facilities.
41.
Rail, bus and transit stations.
a)
Minimum parking to be determined by parking generation study funded by applicant and approved by the zoning administrator.
42.
Research laboratories including medical and dental labs.
43.
Sign(s), (as permitted in the City of Emerson sign ordinance).
44.
Taxi stands and dispatching agencies.
45.
Vocational schools.
46.
Warehousing, including commercial mini-warehouses.
47.
Wholesale trade and distribution facilities, including office showrooms and display areas.
48.
Other uses which are substantially similar in character and impact to those uses enumerated above. Such uses must clearly meet the purpose and intent of this zoning district.
49.
Accessory uses and structures incidental to any legal permitted use, provided:
a)
Retail sales and services must be conducted and accessed wholly within the building(s) housing the use to which the activities are accessory and comprise no more than ten percent of the gross floor area.
b)
No show window or other advertising shall be visible from the exterior of the primary use structure.
Conditional uses permitted by mayor and city council.
1.
Extended stay facilities - See standards in section 8.91.
2.
Junkyards - See standards in article 7, division 2.
3.
Religious institutions, provided:
a)
All applications must include a specific site plan.
b)
The use of a church in an existing industrial park or shopping center, (as defined in this ordinance) shall not affect the ability of neighboring businesses within the shopping center from applying for alcohol permits under the city ordinances. Such businesses, whether established prior to or after the location of a church shall not be required to meet the minimum distance requirements within the shopping center.
c)
Minimum parking space of one space per three fixed seats or one space per 50 square feet of largest assembly room for those without fixed seating.
4.
Rock, concrete and brick crushing operation which is limited to no more than five percent of the owner's overall business operation.
a)
Upon the issuance of the conditional use permit, the permittee shall provide the City of Emerson a signed affidavit certifying said percentage and limitation on an annual basis on or before March of the current year.
5.
Telecommunication towers and antennas - See standards in article 7, division 1.
Accessory structures.
1.
All such structures shall be located upon the same lot and to the side or rear of the principal use at least 15 feet from side or rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.
Any accessory building in excess of 2,000 square feet of gross space must meet the setback standards for a principal use and shall be architecturally compatible with the principal structure.
3.
When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.
4.
No accessory structure shall be constructed upon a lot before the principal structure.
5.
No accessory structure may exceed the more restrictive of either 20 feet or the height of the principal building.
6.
Swimming pools must be enclosed by a fence not less than five feet in height with a self-closing, self-latching gate and must comply with all applicable safety and health ordinances.
7.
Heating and air conditioning units may encroach five feet into the required rear or side setback.
Use limitations.
1.
All outside storage areas must be screened by an opaque fence, wall, shrubbery or trees no less than eight feet in height. Maximum of 67 percent of lot may be utilized for such use.
2.
Building design and materials may be of the developer's choosing; however, any facade of the building facing a roadway shall be constructed with brick, stone, rock or wood covering.
3.
All new developments must submit a site plan.
4.
Areas used for parking of any vehicle or trailer in this district shall be finished with a surface treated and hardened with concrete, asphalt, porous pavers, tar and gravel mix or the like.
Bulk and area regulations.
Minimum lot size: 20,000 square feet.
Minimum lot width: 100 feet.
Maximum building height: 50 feet.
Maximum impervious surface: 80 percent.
Minimum landscaped area: 15 percent.
Front setback (arterial): 40 feet.
Front setback (other): 40 feet.
Side setback (major): 30 feet.
Side setback (minor): 20 feet.
Rear setback: 40 feet.
Minimum parking required: one space per 300 square feet.
Landscape and buffer requirements.
1.
When a property in this district directly abuts a residential district, a 100-foot greenbelt buffer shall be established. Such buffer must include a solid fence, wall, shrubbery or trees no less than six feet in height. All loading docks shall be screened by either landscaping or a stabilized berm.
2.
Landscaped areas must contain appropriate materials such as grass, hedges, trees, natural vegetation and the like. Landscaping along rights-of-way and within parking lots may be counted within this figure, however, no more than 33 percent of the required landscaping provided may be within stormwater retention facilities.
3.
Stormwater retention facilities are not permitted within required buffers.
(Ord. No. 2021-006, § I, 5-24-2021; Ord. No. 2024-011, § 1K, 5-13-2024)
Editor's note— See editor's note at § 8.67.
Sec. 8.78. - HI, Heavy Industrial.
Purpose and intent.
The HI district is intended to provide suitable areas for major manufacturing processing, warehousing and research facilities which require open storage and large amounts of land. Typical heavy industrial uses include manufacturing, chemical manufacturing and storage, petrochemical refining and storage, mining and other land uses that may affect the environment. These districts should have access to major streets and utilities. When located on the perimeter of an industrial node, the HI district should provide for uses that are lower in intensity and scale to ensure compatibility with adjacent properties.
Permitted uses.
1.
Permitted uses listed under LI.
2.
Assembly and fabrication.
3.
Coliseum, stadium. Five-acre minimum lot size.
a)
Minimum parking to be determined by parking generation study funded by applicant and approved by the zoning administrator.
4.
Farm and garden supply stores, including nurseries and greenhouses.
a)
Outdoor storage shall be at least 50 feet from any property zoned or used for residential purposes.
5.
Manufacturing establishments involving the conversion of raw materials into useable finished products, provided that any manufacturing process which generates liquid waste complies with all local, state and federal pollution standards.
6.
Mining.
a)
The extraction of dirt, sand or soil shall not be established within 500 feet of a residential use or 200 feet of any other use.
b)
The extraction of rock and gravel shall not be established within 4,000 feet of a residential use or 2,000 feet of any other use.
c)
The removal area shall be enclosed by a fence no less than eight feet in height to prevent access by the general public. This fence shall be locked during non-business hours.
7.
Petroleum and petrochemical refining and storage.
a)
All structures (excluding offices) shall be located at least 100 feet from any property line and 200 feet from any residentially zoned or used property.
8.
Public buildings and utilities.
9.
Rail yards.
a)
Minimum ten acres.
10.
Tire retreading and recapping.
11.
Truck terminals.
a)
Minimum five-acre lot size.
b)
All structures shall be located and activities conducted (including parking) at least 300 feet from any property zoned for residential purposes.
12.
Other uses which are substantially similar in character and impact to those uses enumerated above. Such uses must clearly meet the purpose and intent of this zoning district.
Conditional uses permitted by mayor and city council.
1.
Recycling collection centers (may also be defined by the state as a construction and demolition transfer station) are to be submitted and reviewed with the following:
a)
Site plan detailing building location, business operation, curb cuts and traffic flow, distance from the nearest facility.
b)
No outside storage allowed.
c)
Location of container bins must be approved by the administrator.
d)
There shall only be a transfer of construction and demolition debris.
e)
There shall be no transfer of household solid and liquid waste.
f)
The facility must be located on an arterial or higher classified public road.
g)
The site shall be a minimum of two acres.
h)
Must be approved and permitted by the State of Georgia and meet all local, state, and federal laws.
2.
Construction and demolition waste management facility.
3.
Solid waste management facility.
4.
Inert waste management facility.
5.
Biomedical waste management facility.
6.
Transfer stations.
7.
Junkyards - See standards in article 7, division 2.
8.
Telecommunication towers and antennas - See standards in article 7, division 1.
Accessory structures.
1)
All such structures shall be located upon the same lot and to the side or rear of the principal use at least 15 feet from side or rear lot lines. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2)
When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.
3)
No accessory structure shall be constructed upon a lot before the principal structure.
4)
No accessory structure may exceed the more restrictive of either 20 feet or the height of the principal building.
5)
Swimming pools must be enclosed by a fence not less than five feet in height with a self-closing, self-latching gate and must comply with all applicable safety and health ordinances.
6)
Heating and air conditioning units may encroach five feet into the required rear or side setback.
Use limitations.
1.
All outside storage areas must be located in the rear yard and must be screened by an opaque fence, wall, shrubbery or trees no less than eight feet in height.
2.
Building design and materials may be of the developer's choosing; however, any facade of the building facing a roadway shall be constructed with brick, stone, rock or wood covering.
3.
All new developments must submit a site plan.
4.
Areas used for parking of any vehicle or trailer in this district shall be finished with a surface treated and hardened with concrete, asphalt, porous pavers, tar and gravel mix or the like.
Bulk and area regulations.
Minimum lot size: 40,000 square feet.
Minimum lot width: 150 feet.
Maximum building height: 50 feet.
Maximum impervious surface: 80 percent.
Minimum landscaped area: ten percent.
Front setback (arterial): 50 feet.
Front setback (other): 50 feet.
Side setback (major): 50 feet.
Side setback (minor): 20 feet.
Rear setback: 50 feet.
Minimum parking required: one space per 300 square feet.
Landscape and buffer requirements.
1.
When a property in this district directly abuts a residential district, a 150-foot greenbelt buffer shall be established. Such buffer must include a solid fence, wall, shrubbery or trees no less than six feet in height. All loading docks shall be screened by either landscaping or a stabilized berm.
2.
Landscaped areas must contain appropriate materials such as grass, hedges, trees, natural vegetation and the like. Landscaping along rights-of-way and within parking lots may be counted within this figure, however, no more than 50 percent of the required landscaping provided may be within stormwater retention facilities.
3.
Stormwater retention facilities are not permitted within required buffers.
(Ord. No. 2021-006, § I, 5-24-2021; Ord. No. 2024-011, § 1M, 5-13-2024)
Editor's note— See editor's note at § 8.68.
Sec. 8.79. - MU, Mixed Use Development.
Purpose.
The mixed use zoning category is a floating zone which is established for the purpose of providing a compatible mixture of commercial, employment, residential, recreational, civic, and/or cultural uses which are planned and developed as a project. A mixed use development should complement surrounding areas. Among the goals of the mixed use zoning category are the following:
1.
Encourage residential uses in conjunction with commercial activities in order to create an active street life, enhance the vitality of businesses, and reduce vehicular traffic;
2.
Provide opportunities for horizontal and vertical mixed-use developments by permitting existing and planned commercial zones to be combined into unified development sites;
3.
Encourage compatibility between residential and commercial uses in areas where residential zones directly abut commercial zones, by permitting greater design flexibility across the existing boundaries of the two zones;
4.
Ensure that the appearance and effects of buildings and uses are harmonious with the character (topography, economy, society) of the area in which they are located;
5.
Encourage the development of large tracts of land as planned communities.
Effect and procedure.
A preliminary master site plan of the mixed use development shall be submitted to the zoning administrator at the time of filing for rezoning to the Mixed Use (MU) zoning district. The preliminary master site plan shall contain a list of the proposed uses. Any use not specifically designated as a permitted use shall be prohibited. The plan shall represent an overall land use concept which is in keeping with the spirit and intent of the district as described in this article. Said plan shall be prepared by an architect, landscape architect, engineer, or land surveyor whose state registration is current and valid and the plan shall exhibit such seal or other to validate such. The plan shall become a condition of the rezoning and any variations to said plan after rezoning approval that would increase the area or type of a specific land use proposed in the plan shall require approval of the mayor and city council.
Permitted uses.
1.
Uses permitted under R-7.5 (single-family residential).
2.
Uses permitted under R-10 (single-family residential).
3.
Uses permitted under R-15 (single-family residential).
4.
Uses permitted under R-20 (single-family residential).
5.
Uses permitted under R-40 (single-family residential).
6.
Uses permitted under R-80 (single-family residential).
7.
Use permitted under RA-12 (single-family residential attached).
8.
Uses permitted under RC (residential conservation planned unit development).
9.
Uses permitted under RM-6 (multifamily residential).
10.
Uses permitted under RM-12 (multifamily residential).
11.
Uses permitted under C-1 (neighborhood retail commercial).
12.
Uses permitted under C-2 (community retail commercial).
Conditional uses permitted by mayor and city council.
1.
Conditional uses permitted under R-7.5 (single-family residential).
2.
Conditional uses permitted under R-10 (single-family residential).
3.
Conditional uses permitted under R-15 (single-family residential).
4.
Conditional uses permitted under R-20 (single-family residential).
5.
Conditional uses permitted under R-40 (single-family residential).
6.
Conditional uses permitted under R-80 (single-family residential).
7.
Conditional uses permitted under RA-12 (single-family residential attached).
8.
Conditional uses permitted under RC (residential conservation planned unit development).
9.
Conditional uses permitted under RM-6 (multifamily residential).
10.
Conditional uses permitted under RM-12 (multifamily residential).
11.
Conditional uses permitted under C-1 (neighborhood retail commercial).
12.
Conditional uses permitted under C-2 (community retail commercial).
Use ratios.
Mixed use developments shall designate the type of mixed use planned as follows and must adhere to the type established:
1.
Single-family (SF) mixed use: Detached and attached single-family residential structures shall be the dominant use, comprising the largest percentage of total building floor area.
2.
Multifamily (MF) mixed use: Multifamily residential structure(s) shall be the dominant use, comprising the largest percentage of total building floor area.
3.
Commercial mixed use: Commercial structures shall be the dominant use, comprising the largest percentage of total building floor area.
At a minimum each mixed use master site plan must incorporate two of the permitted uses and no one use shall be less than 15 percent of the total acreage of the entire development.
Bulk and area regulations.
Maximum lot coverage: 60 percent (one building): 75 percent (two or more buildings).
Minimum undisturbed area or replanted area for sites already cleared: 20 percent (excludes floodplains, stream buffers, and setback buffers).
As inherited from the district for the permitted use included.
Landscape and buffer requirements.
In general, the areas between the public rights-of-way and parking facilities or buildings shall be landscaped with deciduous trees and planter boxes or beds. The following additional landscape stipulations shall be required for mixed-use developments.
1.
In order to reduce problems associated with runoff and water supply contamination, innovative stormwater management techniques shall be used in all mixed use district developments. This could include porous pavement and/or perforated brick or block, ground swales, reconstructed wetlands, depressions, etc. In no instance shall a retention pond be constructed as the sole means of controlling stormwater.
2.
All off-street parking areas shall be set back a minimum of 15 feet from all other property lines, and at least ten feet from any public right-of-way.
3.
A buffer between a mixed use development and any surrounding residential developments shall be provided in the form of a minimum ten-foot-wide, ten-foot-tall landscaped area that includes native species trees, shrubs, flowers, and grasses.
4.
Pedestrian pathways and sidewalks shall provide safe and aesthetically pleasing means of on-site movement and shall be an integral part of overall site design. Pedestrian pathways to buildings, parking areas, and other amenities shall be planned and installed in all developments.
Green space requirement.
1.
For every mixed use development, 25 percent of the gross tract area green space shall be required.
2.
Where applicable, the green space shall remain primarily undisturbed.
3.
For housing density calculation purposes, the maximum number of lots shall be determined by dividing the area of the tract of land by the minimum lot size, as described in the bulk and area requirements for the applicable use. In making this calculation, the following shall not be included in the total area of the parcel:
a)
100-year floodplain.
b)
Floodway.
c)
Wetlands, as defined by the US Army Corps of Engineers pursuant to the Clean Water Act.
d)
Retention/detention areas, utility areas.
e)
Road rights-of-way and areas reserved for utilities.
4.
The following are considered primary conservation areas and are required to be included within green space, unless the applicant demonstrates that with this provision would constitute an unusual hardship and be counter to the purposes of this ordinance:
a)
100-year floodplain.
b)
All required stream bank buffer zones.
c)
Floodway.
d)
Wetlands, as defined by the US Army Corps of Engineers pursuant to the Clean Water Act.
e)
Populations of endangered or threatened species, or habitat for such species.
f)
Archaeological sites, cemeteries, and burial grounds.
g)
Retention/detention areas, utility areas.
h)
Slopes over 25 percent of at least 5,000 square feet contiguous area.
i)
Roadways.
5.
The following are considered secondary conservation areas and are required to be included within green space to the maximum extent feasible:
a)
Important historic sites.
b)
Existing healthy, native forests of at least one-acre contiguous area.
c)
Individual existing healthy trees greater than eight inches in caliper, as measured from their outermost drip line.
d)
Other significant natural features and scenic view sheds such as ridge lines, peaks and rock outcroppings, particularly those that can be seen from public roads.
e)
Prime agricultural lands of at least five acres of contiguous area.
f)
Existing trails that connect the tract to neighboring areas.
6.
All green space must be organized and designed so that at least 75 percent of the green space shall be in a contiguous tract. The green space shall adjoin any neighboring areas of green space, other protected areas, and non-protected natural areas that would be candidates for inclusion as part of a future area of protected green space.
7.
Above ground utility rights-of-way and small areas of impervious surface may be included within the protected green space, but cannot be counted towards the 25 percent minimum area requirement (exception: historic structures and existing trails may be counted). Large areas of impervious surface shall be excluded from the green space.
8.
The green space shall be directly accessible to the largest practicable number of lots within the subdivision. Non-adjoining lots shall be provided with safe, convenient access to the green space.
9.
Green space management plan required. A green space management plan ("plan") shall be prepared and submitted prior to the issuance of a land disturbance permit. This plan shall, at a minimum that consists of the following:
a)
Allocates responsibility and guidelines for the maintenance and operation of the green space and any facilities located thereon, including provisions for ongoing maintenance and for long-term capital improvements.
b)
Estimates the costs and staffing requirements needed for maintenance and operation of, and insurance for, the green space and outlines the means by which such funding will be obtained or provided.
c)
Provides that any changes to the plan be approved by the board of commissioners.
d)
Provides for enforcement of the plan.
10.
Instrument of permanent protection required. An instrument of permanent protection, such as a conservation easement or permanent restrictive covenant shall be placed on the green space property concurrent with the issuance of a land disturbance permit.
Permitted/prohibited uses of green space.
1.
Permitted uses of green space:
a)
Active recreation areas, provided that they are limited to no more than ten percent of the total green space and are not located within primary conservation areas. Active recreation areas may include impervious surfaces. Active recreation areas in excess of this limit must be located outside of the protected green space.
b)
Agriculture, horticulture, silviculture, or pasture uses, provided that all applicable best management practices are used to minimize environmental impacts, and such activities are not conducted within primary conservation areas.
c)
Conservation of natural, archeological or historical resources.
d)
Easements for drainage, access, and underground utility lines.
e)
Meadows, woodlands, wetlands, wildlife corridors, game preserves, or similar conservation-oriented areas.
f)
Nonstructural stormwater management practices.
g)
Other conservation-oriented uses compatible with the purposes of this ordinance.
h)
Passive recreation areas.
i)
Walking or bicycle trails, provided they are constructed of porous paving materials.
2.
Prohibited uses of green space:
a)
Agricultural and forestry activities not conducted according to accepted best management practices.
b)
Other activities as determined by the applicant and recorded on the legal instrument providing for permanent protection.
c)
Roads, parking lots and impervious surfaces, except as specifically authorized in the previous sections.
Ownership and management of green space.
1.
The tract of land to be subdivided may be held in single and separate ownership or in multiple ownership. If held in multiple ownership, however, the site shall be developed according to a single plan with common authority and common responsibility.
2.
The applicant must identify the owner of the green space and facilities located thereon. If a homeowners association is the owner, membership in the association is mandatory and automatic for all homeowners in the subdivision and their successors. If a homeowners association is the owner, the homeowners association shall have lien authority to ensure the collection of dues from all members. The responsibility for maintaining the green space and any facilities located thereon shall be borne by the owner.
3.
In the event the party responsible for maintenance of the green space fails to maintain all or any portion in reasonable order and condition, the City of Emerson may assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance. The costs of such maintenance may be charged to the owner, homeowners association, or to the individual property owners that make up the homeowners association, and may include administrative costs and penalties. Such costs shall become a lien on all subdivision properties.
Legal instrument for permanent protection.
1.
The green space shall be protected in perpetuity by a binding legal instrument that is recorded with the deed. The instrument shall be one of the following:
a)
A permanent conservation easement in favor of either:
i.
A land trust or similar conservation-oriented non-profit organization with legal authority to accept such easements. The organization shall be bona fide and in perpetual existence and the conveyance instruments shall contain an appropriate provision for retransfer in the event the organization becomes unable to carry out its functions; or
ii.
A governmental entity with an interest in pursuing goals compatible with the purposes of this ordinance.
b)
If the entity accepting the easement is not the City of Emerson, then a third right of enforcement favoring the City of Emerson shall be included in the easement;
c)
A permanent restrictive covenant for conservation purposes in favor of a governmental entity; or
d)
An equivalent legal tool that provides permanent protection, if approved by the City of Emerson.
2.
The instrument for permanent protection shall include clear restrictions on the use of the green space. These restrictions shall include all restrictions contained in this ordinance, as well as any further restrictions the applicant chooses to place on the use of the green space.
Lighting.
Lighting shall provide for the safe illumination of the site in order to maintain pedestrian and vehicle safety, security, and design accentuation. Building illumination and architectural lighting shall be indirect in character. Architectural lighting shall articulate the particular building design as well as provide the required functional lighting for safety of pedestrian movement. Pedestrian pathway lighting shall clearly identify the pedestrian walkway and direction of travel. All lighting shall be shown on site plans in sufficient detail to allow determination of the effects of such lighting upon adjacent properties and traffic.
Design provisions.
It is the intent of the mixed use district to provide an environment of high quality building and landscape design. Special emphasis shall be placed upon methods that tend to reduce the overwhelming visual impact of large buildings, encourage tasteful, imaginative design for individual buildings, and create a complex of buildings compatible with the streetscape and neighboring areas in terms of design, scale, and use.
1.
Innovative and beautiful design is encouraged and welcomed as a means to enhance the overall quality of the built environment.
2.
Minimum conflict shall exist between service vehicles, private automobiles, and pedestrians within the site.
3.
Building entries shall be readily identifiable and accessible, with at least one main entrance facing and opening directly onto a connecting walkway with pedestrian frontage.
4.
Building materials shall blend with those existing on adjacent properties.
5.
There shall be structural variations in roof lines to reduce the massive scale of structures and add visual interest.
6.
All building facades facing public rights-of-way shall have at least 30 percent windows.
7.
Areas used for parking of any vehicle or trailer in this district shall be finished with a surface treated and hardened with concrete, asphalt, porous pavers, tar and gravel mix or the like.
(Ord. No. 2016-016, § 8.69, 9-26-2016; Ord. No. 2021-006, § I, 5-24-2021; Ord. No. 2021-012, § I, 8-9-2021; Ord. No. 2024-011, § 1N, 5-13-2024; Ord. No. 2024-020, § 1A, 8-12-2024)
Editor's note— See editor's note at § 8.69.
Sec. 8.80. - MU-2, Mixed Use - Lakepoint.
Purpose.
The mixed use - Lakepoint (MU-2) zoning category is a site-specific zoning district which is established for the purpose of providing flexibility in developing a compatible mixture of commercial, employment, office, residential, commercial and public recreation, educational, medical, institutional, civic and/or cultural uses, centered around a sports complex. The location of the mixed use - Lakepoint district is restricted to the specific tract of land shown on the Emerson official zoning map.
Among the goals of the mixed use - Lakepoint zoning district are the following:
1.
Encourage residential uses in conjunction with commercial activities in order to create an active street life, enhance the vitality of businesses, and reduce vehicular traffic;
2.
Provide opportunities for horizontal and vertical mixed-use developments by permitting existing and planned commercial zones to be combined into unified development sites;
3.
Encourage compatibility between residential and commercial uses in areas where residential zones directly abut commercial zones, by permitting greater design flexibility across the existing boundaries of the two zones;
4.
Ensure that the appearance and effects of buildings and uses are harmonious with the character (topography, economy, society) of the area in which they are located;
5.
Allow for the mixed use development of large assemblage tracts, not for small individual properties.
Effect and procedure.
A site plan for individual, multiple or all of the parcels shall be filed and will be reviewed by the planning commission and city council and a determination will be made as to whether the plan is consistent with the intent and standards of the mixed use - Lakepoint district.
Permitted uses:
The following uses are permitted in the mixed use Lakepoint zoning district:
1.
Commercial, retail and office uses (see subsection A. below).
2.
Recreational and educational uses (see subsection B. below).
3.
Residential uses (see subsection C. below).
4.
Multifamily uses (see subsection C.1 below).
5.
Single-family residential (see subsection C.2 below).
6.
Sign(s), (as permitted in the City of Emerson sign ordinance).
Standards for lot or tract size, setbacks, height and other limitations for each type of use are set forth below.
Conditional uses for Mixed Use 2 - Lakepoint district permitted by mayor and city council.
1.
Amusement centers and arcades, including billiards and pool halls.
2.
Data centers.
3.
Extended stay facilities - See standards in section 8.91.
4.
Farmers' markets.
5.
Guest homes, garage apartments and servant quarters, provided:
a)
Such structure is located to the rear of the principal structure and no less than 20 feet from any property line and ten feet from the principal building.
b)
Such structure has 5,000 square feet of lot area dedicated to its use in addition to the district requirements for the principal use.
c)
No paying guests or tenants are housed.
d)
No other similar use or structure is located on the lot.
e)
The building's height and/or area do not exceed that of the principal building.
6.
Group homes - See standards in section 8.89.
7.
Horses or noncommercial riding stables, provided they are kept on a lot not less than three acres, all buildings are set back 150 feet from all property lines, all horses are kept 50 feet from property lines and have 5,000 feet of fenced area.
8.
Personal care homes consisting of six or fewer individuals, inclusive of resident staff provided:
a)
The principal structure contains a residential facade architecturally similar to adjacent buildings.
b)
Such facilities obtain all necessary local and state licenses.
c)
The use is limited to the principal structure only.
d)
The maximum number of beds permitted shall be limited to one person per 250 gross square feet of heated floor space within the principal structure.
e)
A minimum of one parking space per bedroom.
9.
RV parks - See standards in article 7, division 10.
10.
Special event home, provided:
a)
Establishment must be on a minimum of a two-acre site.
b)
A maximum of 3,000 square feet may be dedicated to the reception floor area.
c)
Trash receptacles must be located in a rear or side yard and shall be screened on all sides. Garbage shall be collected only during the daytime hours of 9:00 a.m. and 5:00 p.m.
d)
All applicants shall comply with the City of Emerson noise ordinance.
e)
Capacity of the special events home will be limited to 300 persons.
f)
The commercial operations of the facility shall not operate between 12:00 a.m. and 9:00 a.m.
g)
Facility should only be located in appropriate areas of the city and not have a negative impact on surrounding properties.
h)
If the facility ceases to operate as a special events home for a period of six consecutive months, the property shall lose its approval as a special events home.
i)
Minimum parking of one space per three fixed seats or one space per 50 square feet of largest assembly room for those without fixed seating.
11.
Telecommunication towers and antennas - See standards in article 7, division 1.
Use limitations.
1.
No heavy manufacturing processes or facilities are permitted in this zoning district.
2.
All new developments must submit a site plan.
3.
Areas used for parking of any vehicle or trailer in this district shall be finished with a surface treated and hardened with concrete, asphalt, porous pavers, tar and gravel mix or the like.
Special height provisions.
1.
The height limitations set forth in this zoning district do not apply to structures such as unoccupied and inaccessible architectural features on stadiums, coliseums, commercial or institutional buildings (e.g., church spires, church belfries, cupolas and domes on commercial buildings), government-owned observation towers, water towers, chimneys, flag poles, masts, aerials, and similar structures, except that none of the above shall, within a three mile radius of the Cartersville-Bartow County Airport, exceed a height above the "clear zone" required for a safe approach to said airport as set forth by the Federal Aviation Administration.
2.
Any structure containing a sign shall be subject to the height requirements of the City of Emerson sign ordinance.
3.
Buildings and structures may be built to a maximum height limitation of 75 feet, if approval is granted by the Bartow County fire chief.
A. Commercial, retail and office permitted uses:
1.
Ambulance services.
2.
Animal grooming shops.
3.
Animal hospitals, kennels clinics.
a)
All animals shall be located within an enclosed building and adequate sound and odor control shall be maintained.
4.
Athletic and health clubs.
5.
Automobile, trailer and boat sales.
a)
All vehicles shall be set back at least ten feet from the street right-of-way line.
b)
When such use abuts residentially zoned properties, a solid fence, wall, shrubbery or trees; no less than six feet in height shall be provided for visual screening.
6.
Automotive repair shops (including paint and body).
a)
Such use shall not be permitted within 50 feet of any property used for a school, park, playground or hospital.
b)
All activities shall be carried on entirely within an enclosed building.
c)
Such use shall not be established on a lot, which is adjacent to or directly across the street from any single-family residential zoning district.
d)
All outdoor storage must be to the rear of the principal structure and enclosed by a solid fence, wall, shrubbery or trees; no less than six feet in height.
7.
Automobile service stations.
a)
All gasoline pumps, tanks and other service facilities shall be set back at least 20 feet from all property lines.
b)
Canopies over fuel islands shall not encroach within 15 feet of any property line.
c)
Minor automobile repair shall be allowed in conjunction with such use provided all such activities shall take place within an enclosed building.
d)
No outside storage or engine/body dismantling is allowed.
8.
Banks and financial institutions.
9.
Barber and beauty shops.
10.
Car washes.
11.
Car maintenance facilities such as brake repair, installation of tires, tune-up shops, oil change services, emission stations and the like.
a)
All activities shall take place within an enclosed building.
b)
No outside storage or engine/body dismantling is allowed.
12.
Care homes (professional).
a)
Minimum parking of one space per bedroom and one space per each employee on largest shift.
13.
Clinics and health centers.
14.
Clubs and lodges, including assembly halls and conference centers. Such use may include office space where incidental to the principal use.
a)
Minimum parking of one space per three fixed seats or one space per 50 square feet of largest assembly room for those without fixed seating.
15.
Coin operated laundries and dry cleaning pickup establishments.
16.
Coliseum, stadium, amphitheater.
a)
Minimum parking to be determined by parking generation study funded by applicant and approved by the zoning administrator.
17.
Commercial condominiums.
a)
Minimum parking of two spaces per unit and one visitor space per five units.
18.
Commercial landscapers.
a)
Outdoor storage shall be at least 25 feet from the street right-of-way. Such use shall be at least 100 feet from any property zoned single-family residential.
19.
Construction contractor's offices (including, but not limited to, building, heating, plumbing and electrical) and related activities.
a)
There shall be no outdoor storage of materials, supplies, equipment, or construction vehicles. "Construction vehicles" means any vehicles whose primary purpose is use in land development including, but not limited to, earth-moving equipment, dump trucks, and bucket trucks.
20.
Convenience stores. Such uses may include self-service fuel sales, provided:
a)
All gasoline pumps, tanks and other service facilities shall be set back at least 20 feet from all property lines.
b)
Canopies over fuel islands shall not encroach within 15 feet of any property line.
c)
No automotive repair is allowed.
d)
Car washes permitted as accessory use only.
e)
Minimum parking of one space per 200 square feet.
21.
Copy centers.
22.
Cultural facilities. Art galleries, museums, theaters, libraries, and other uses similar in character to those listed.
23.
Day care centers and nursery schools, provided:
a)
Such use must obtain certification from the Georgia Department of Human Resources.
b)
Any outdoor play area shall be enclosed by a fence not less than four feet in height and located in the rear yard area of the principal building with a self-closing, self-latching gate.
c)
Minimum parking regulations required per district along with one space per employee on largest shift.
24.
Dry cleaning utilizing petrochemicals. Such use shall not be established within 100 feet of any property used or zoned for residential purposes.
25.
Eating and drinking establishments.
a)
Minimum parking of one space per 200 square feet.
26.
Farm and garden supply stores, including nurseries and greenhouses. Outdoor storage shall be at least 25 feet from the street right-of-way.
27.
Fire and police protection services.
28.
Golf courses and driving ranges, provided:
a)
Minimum parking of 2½ spaces per hole for golf courses and 0.75 spaces per tee for driving ranges.
29.
Government administrative services.
30.
Grocery/food stores.
31.
Hospitals.
a)
Minimum parking of one space per bedroom and one space per each employee on largest shift.
32.
Hotels and motels.
a)
Such use shall not be established within 300 feet of any property zoned single-family residential.
b)
Motel rooms shall open to inside corridors only.
c)
Minimum parking of one space per guest room and one space per each employee on largest shift and one space per 50 square feet in largest assembly room without fixed seating.
33.
Lumber, hardware, paint, glass and wallpaper stores. Outdoor storage shall be at least 50 feet from the street right-of-way line and be screened with a solid fence or wall no less than six feet in height.
34.
Marina.
35.
Medical and dental laboratories.
36.
Medical services.
37.
Mini-warehouses (including boat, RV and other vehicle storage) and self-storage facilities.
a)
Minimum parking of one space per 40 storage units.
38.
Mixed use retail and limited manufacturing as produced by an artisan and similar businesses.
a)
No more than 50 percent of the floor area shall be used for manufacturing purposes.
b)
In as much as the manufacturing component of the business entity is considered a secondary use, it should be situated in such a way as not intrude on the retail activities. Furthermore, public access to the manufacturing component shall only be permitted through the retail portion of the business entity.
c)
All signage associated with the business entity shall only advertise the retail component.
d)
Outdoor mechanical equipment associated with the manufacturing component of the business entity shall be screened from public view with lattice-work or some other similar screening material.
39.
Movie theaters.
a)
Minimum parking of one space per three fixed seats.
40.
Multi-lease shops.
41.
Neighborhood retail uses individually or part of a neighborhood market in conjunction with a residential development. Appropriate uses include:
a)
Book and video stores (non-adult).
b)
Camera shops.
c)
Florists.
d)
Drugstores.
e)
Gift shops.
f)
Toy stores.
g)
Pet grooming and supply shops.
h)
Jewelry stores.
i)
Sporting goods and hobbies.
j)
Apparel stores.
k)
Beverage shops.
l)
Other similar and customary uses.
42.
Non-automotive repair services such as cameras, shoes, jewelry and similar businesses.
43.
Non-automotive repair service centers. No outside storage is permitted.
44.
Office uses; professional, general, administrative, and business offices.
45.
Outlet mall.
46.
Parking for vehicles. If such use abuts a single-family residential district, a 15-foot-wide landscaped buffer with a solid fence, wall, shrubbery or trees, no less than six feet in height shall be provided.
47.
Parking lots and garages free standing or included either above or below residential or commercial uses within the same structure. If a surface parking lot abuts a single-family residential district, a 15-foot-wide landscaped buffer with a solid fence, wall, shrubbery or trees; no less than six feet in height shall be provided.
48.
Pharmacies and drug stores.
49.
Photo studios.
50.
Plumbing and heating equipment dealers.
51.
Printing services.
52.
Private parks and playgrounds including commercial recreation facilities (indoor and outdoor), and all other sports activity fields and playing surfaces and related structures.
a)
Minimum parking to be determined by parking generation study funded by applicant and approved by the zoning administrator.
53.
Public buildings and utilities.
54.
Radio, recording and television studios.
55.
Religious institutions.
a)
Minimum parking space of one space per three fixed seats or one space per 50 square feet of largest assembly room for those without fixed seating.
56.
Residential lofts.
a)
Residential units shall be located only on the second story (entry ways may be accessed from the ground level).
b)
Minimum parking regulations required per district along with one space per unit.
57.
Shopping centers.
58.
Retail automobile parts and tire store.
a)
There shall be no dismantling of vehicles on the premises to obtain auto parts.
b)
The only auto part installation that shall be permitted in connection with such use shall be the installation of tires and the installation of minor maintenance or accessory parts.
c)
Major auto repair shall not be permitted in connection with such uses. Minor repair and maintenance may be permitted provided such repair and maintenance shall be incidental to the normal up-keep of an automobile.
59.
Retail trade. Appropriate uses include, but are not limited to:
a)
Apparel stores.
b)
Beverage shops.
c)
Department stores.
d)
Book and video stores (non-adult).
e)
Camera shops.
f)
Chiropractor.
g)
Drug stores.
h)
Electronic sales/repair.
i)
Florists.
j)
Furniture, home furnishings and equipment stores.
k)
General commercial merchandise (variety or department store).
l)
General commercial wholesale club.
m)
Gift shops.
n)
Hardware stores/home improvement.
o)
Jewelry stores.
p)
Nail salons.
q)
Office supplies.
r)
Packing/shipping.
s)
Pawn shops.
t)
Pet grooming and supply shops.
u)
Spas.
v)
Sporting goods and hobbies.
w)
Toy stores.
x)
Other similar uses.
60.
RV parks - See standards in article 7, division 10.
61.
Sports complex.
a)
Minimum parking to be determined by parking generation study funded by applicant and approved by the zoning administrator.
62.
Stations, bus or train terminals.
a)
Minimum parking to be determined by parking generation study funded by applicant and approved by the zoning administrator.
63.
Taxi stands and dispatching agencies.
64.
Telecommunications offices.
65.
Temporary outdoor sales.
66.
Vehicle leasing/rental facilities meeting the following criteria:
a)
No vehicle maintenance shall be performed on site except vacuuming and washing of vehicles.
b)
All vehicles on site must be in good working order.
67.
Accessory uses and structures incidental to any legal permitted use.
68.
Other uses which are substantially similar in character and impact to those uses enumerated above. Such uses must clearly meet the purpose and intent of this zoning district.
B. Recreational and educational permitted uses:
1.
Bed and breakfast inn.
a)
The facility is operated by the resident-owner with a maximum of five guestrooms rented for a daily or weekly fee, which use is subordinate and incidental to the primary residence.
b)
The structure shall contain 2,000 square feet or more of gross heated floor area.
c)
No freestanding signs are permitted. All signage must be attached to the structure used for the bed and breakfast house and not exceed six square feet and be indirectly illuminated.
d)
The exterior appearance of the structure shall not be altered from its single-family character.
e)
All bed and breakfast houses must meet all applicable health and safety codes.
f)
Maximum length of stay shall not exceed 14 days.
g)
A minimum of one parking space per rental room is provided in addition to those required for the resident.
2.
Cabins in conjunction with another permitted recreational use.
3.
Campgrounds.
4.
Colleges, public or private.
5.
Conservation easements.
6.
Cottages in conjunction with another permitted recreational use.
7.
Educational and academic institutions.
8.
Equestrian or other sport facilities.
a)
Minimum parking to be determined by parking generation study funded by applicant and approved by the zoning administrator.
9.
Fraternal, sporting or other lodges or clubs commercial or noncommercial.
a)
Minimum parking of one space per three fixed seats or one space per 50 square feet of largest assembly room for those without fixed seating.
10.
Hunting, fishing, and similar recreation use operated either as a nonprofit or commercial enterprise.
11.
Kindergarten and pre-kindergarten facilities, public or private.
12.
Rowing and aquatic facilities.
a)
Minimum parking to be determined by parking generation study funded by applicant and approved by the zoning administrator.
13.
Passive recreational uses, including, but not limited to, parks, trails (walking, equestrian and cycling).
14.
Primary and secondary schools, public or private.
15.
Riding academies or breeding stables.
16.
Woodland or game preserves or similar wildlife preservation or conservation uses.
17.
Accessory uses and structures incidental to any legal permitted use.
18.
Other uses which are substantially similar in character and impact to those uses enumerated above. Such uses must clearly meet the purpose and intent of this zoning district.
Standards for commercial, retail, office; recreational and educational uses.
Accessory structures.
1.
All such structures shall be located upon the same lot and to the side or rear of the principal use at least ten feet from side or rear lot lines. Accessory structures may not be located within 25 feet of any residential property. In cases of corner lots, the accessory structure may not be closer to any right-of-way than the principal building.
2.
Any accessory building in excess of 1,500 square feet of gross space must meet the setback standards for a principal use and shall be architecturally compatible with the principal structure.
3.
When an accessory building is attached to the principal building in any manner, it shall be deemed part of the principal structure and subject to all bulk and area requirements of same.
4.
No accessory building shall be constructed upon a lot before the principal building, nor shall it contain a greater floor area than the principal structure.
5.
No accessory structure may exceed the more restrictive of either 25 feet or the height of the principal building,
6.
Outdoor swimming pools must be enclosed by a fence not less than five feet in height with a self-closing, self-latching gate and must comply with all applicable safety and health ordinances.
7.
Heating and air conditioning units may encroach five feet into the required rear or side setback.
8.
All rooftop units shall be screened.
9.
All dumpsters shall be located in the rear or side yard, hidden from view, and covered with a roof structure.
10.
Recycling collection/drop off centers (accessory use only).
a)
No outside storage allowed.
Bulk and area regulations:
Minimum lot size: 20,000 square feet.
Minimum lot width: 150 feet.
Maximum building height 1 : 50 feet.
Maximum impervious surface: 80 percent.
Minimum landscaped area: 15 percent.
Front setback (arterial): 45 feet.
Front setback (other): 35 feet.
Side setback (major): 30 feet.
Side setback (minor): 20 feet.
Rear setback: 40 feet.
Minimum parking required: one space per 300 square feet.
Landscape and buffer requirements
1.
When a commercial, retail, office, recreational, or educational use directly abuts a residential district, a 40-foot greenbelt buffer shall be established. Such buffer must include a solid fence, wall, shrubbery or trees, no less than six feet in height.
2.
Landscaped areas must contain appropriate materials such as grass, hedges, trees, natural vegetation and the like. Landscaping along rights-of-way and within parking lots may be counted within this figure, however, no more than 25 percent of the required landscaping provided may be within stormwater retention facilities.
3.
Stormwater retention facilities are not permitted within required buffers.
Zoning incentives.
The following zoning incentives are designed to allow specific benefits to property owners, developers, and end users of a property and not for the purpose of circumventing any other provision of this ordinance. If a specific incentive is determined to be contrary to any provision of this ordinance, the city reserves the right to deny a specific incentive on that basis alone.
1.
If required parking is provided exclusively in the rear yard, then the required front yard setback may be reduced 50 percent.
2.
Where parking spaces are provided in on-site underground or deck parking, a bonus floor area of 350 square feet for each provided parking space shall be allowed.
3.
Any entity that retrofits an existing site without vehicular or pedestrian interconnection to provide permanent access to adjacent sites' parking and sidewalks shall be allowed a 20 percent reduction in required parking.
4.
All developments wherein the front door is located within 250 feet of a public transit stop shall be allowed a ten percent reduction in required parking.
C. Residential permitted uses.
C.1. Multifamily permitted uses:
1.
Apartments and condominiums provided:
a)
Maximum density: 12 units per acre.
b)
Maximum lot coverage 65 percent, unless over four stories, then 80 percent.
2.
Leasing office, clubhouse, gazebo or other structures related to multifamily use.
3.
Neighborhood recreation centers or swimming pools associated with multifamily uses, provided:
a)
Lighting shall be established in such a way that it shall not adversely affect neighboring properties.
b)
Any building or structure established in connection with such use must be set back no less than 75 feet from any property line.
c)
All pools must adhere to the standards of the standard swimming pool code, as amended.
d)
Minimum parking one space per 150 square feet of surface water area.
4.
Townhouses.
5.
Accessory uses and structures incidental to any legal permitted use.
6.
Other uses which are substantially similar in character and impact to those uses enumerated above. Such uses must clearly meet the purpose and intent of this zoning district.
7.
Home occupations - See standards in section 8.92.
Standards for multifamily uses.
Bulk and area regulations:
Minimum tract size: two acres.
Maximum density: 12 dwelling units per acre.
Minimum tract width: 100 feet.
Maximum building height 1 : 50 feet or three-story with basement.
Minimum floor area:
500 square feet for an efficiency.
600 square feet for one-bedroom unit.
800 square feet for two-bedroom unit.
1,000 square feet for three-bedroom unit.
Maximum building coverage: 35 percent.
Maximum impervious surface: 67 percent.
Front setback (arterial): 50 feet.
Front setback (other): 40 feet.
Side setback (major): 35 feet.
Side setback (minor): 25 feet.
Rear setback: 50 feet.
Minimum parking required:
Two spaces per unit.
One visitor space per five units.
Landscape and buffer requirements.
When a multifamily use in this district abuts a single-family residential district or use, a 40-foot greenbelt buffer shall be established. Such buffer shall be undisturbed where practical or enhanced where devoid of significant vegetation.
Green space requirements.
1.
For every senior living facility or multifamily use in this district development, 25 percent of the gross tract area green space shall be required.
2.
The following are considered primary conservation areas and may be included within green space:
a)
100-year floodplain.
b)
All required stream bank buffer zones.
c)
Floodway.
d)
Wetlands-as defined by the US Army Corps of Engineers pursuant to the Clean Water Act.
e)
Populations of endangered or threatened species, or habitat for such species.
f)
Archaeological sites, cemeteries, and burial grounds.
g)
Retention/detention areas, utility easements.
h)
Slopes over 25 percent of at least 5,000 square feet contiguous area.
i)
Roadways.
3.
Green space management plan required. A green space management plan shall be prepared and submitted prior to the issuance of a land disturbance permit. This plan shall, at a minimum allocate responsibility and guidelines for the maintenance and operation of the green space and any facilities located thereon, including provisions for ongoing maintenance and for long-term capital improvements.
Permitted uses of green space.
1.
Permitted uses of green space:
a)
Active recreation areas, provided that they are limited to no more than ten percent of the total green space and are not located within primary conservation areas. Active recreation areas may include impervious surfaces. Active recreation areas in excess of this limit must be located outside of the protected open space.
b)
Agriculture, horticulture, silviculture, or pasture uses, provided that all applicable best management practices are used to minimize environmental impacts, and such activities are not conducted within primary conservation areas.
c)
Conservation of natural, archeological or historical resources.
d)
Easements for drainage, access, and utility lines.
e)
Meadows, woodlands, wetlands, wildlife corridors, game preserves, or similar conservation-oriented areas.
f)
Stormwater management practices.
g)
Other conservation-oriented uses compatible with the purposes of this ordinance.
h)
Passive recreation areas.
i)
Walking or bicycle trails, provided they are constructed of porous paving materials.
C.2. Single-family residential permitted uses:
1.
Single-family detached dwellings, but not including manufactured homes.
2.
Accessory uses and structures incidental to any legal permitted use.
3.
Home occupations - See standards in section 8.92.
4.
Use permitted under RA-12 (single-family residential attached).
Standards for single-family residential uses.
Bulk and area regulations:
Minimum lot size: 7,500 square feet.
Minimum lot width: 50 feet.
Minimum lot width on a cul-de-sac: 35 feet.
Maximum building height 1 : 50 feet.
Minimum heated floor space: 900 square feet.
Minimum landscaped area: 15 percent.
Maximum lot coverage: 40 percent.
Front setback: 20 feet.
Minimum side setback: ten feet.
Minimum back setback: 20 feet.
Minimum parking required: two spaces per unit.
Landscape and buffer requirements.
Landscaped areas must contain appropriate materials such as grass, hedges, trees, natural vegetation and the like. Landscaping along rights-of-way and within parking lots may be counted towards the landscaped area requirement.
(Ord. No. 2016-016, § 8.70, 9-26-2016; Ord. No. 2021-006, § I, 5-24-2021; Ord. No. 2024-011, § 1O, 5-13-2024; Ord. No. 2024-020, § 1D, 8-12-2024; Ord. No. 2024-021, § 1A, 8-12-2024)
Editor's note— See editor's note at § 8.70.