This article specifies uses which are not classified as permitted uses in zoning districts, and are therefore, only allowed through the approval of an administrative permit or a use permit. The standards, which apply to each use, are enumerated and must be met in order for an application to be granted.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Uses allowable with an administrative permit and the minimum standards for such uses are listed in section 80-170.

(b)

Uses allowable with a use permit and the minimum standards for such uses are listed in section 80-171.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

Uses enumerated herein may be authorized by an administrative permit or use permit, as specified. The regulations contained in this article shall not apply to any permitted use in any zoning district.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012)

Any use authorized by an administrative permit shall be approved and permitted by the director of planning whenever the proposed use complies fully with the requirements of the subject property's zoning district and standards as set forth in 80-170. Each requested use for which an administrative permit is required shall be assigned an administrative permit number and charged a fee. Said permit shall be posted on site prior to commencement of use. Variances to administrative permit standards may be requested by application to the planning and zoning commission. In certain cases, the director of public works with respect to roadway, water, sewer and/or other infrastructure improvements, and rights-of-way dedications, which must be met, imposes conditions.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Any use authorized by a use permit may be approved by the city council in accordance with standards enumerated under each use (section 80-172) provided:

(1)

The subject use is allowable in the subject property's zoning district.

(2)

The standards for the use permit as specified in article IV can be met, as well as use permit considerations pursuant to section 80-172.

(3)

A public meeting has been held in relation to the use permit before the planning and zoning commission and a public hearing before the city council in conformance with the notice standards outlined in article VIII, section 80-299. Public hearings are not required for planning and zoning commission to make recommendations to the mayor and city council.

(4)

Recommendations have been received from the department of planning and zoning and the planning and zoning commission.

(5)

Conditions imposed with respect to right-of-way dedication and roadway, water, sewer and/or other infrastructure improvements are met.

(b)

Applications. Use permit requests shall require a separate application when included with a petition for rezoning. Each requested use for which a use permit is required shall be charged a standard use permit fee and assigned a use permit number which will be listed on the petition for rezoning in section 80-299. A public hearing notice and evaluation shall be provided in accordance with article VIII for each requested use permit.

(c)

Re-application. The same or substantially similar petition for a use permit which has been denied by the city council shall not be resubmitted to the planning and zoning department for a period of six months from the date of the denial.

(d)

Variances. Variances to use permit standards contained in section 80-250 for receiving a use permit may be considered by the city council concurrently with a use permit petition if submitted with such petition. Such a variance request shall not require a separate variance application, but shall be assigned a variance number, charged a standard variance fee and be listed on the use permit petition as a concurrent variance in accordance with article VI, section 80-256, appeals.

(e)

Accessory uses. Structures and land may be used for uses customarily incidental to any approved use.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1); Ord. No. 2023-12, § 1(Exh. A), 7-24-2023; Ord. No. 2023-12, § 1(Exh. A), 7-24-2023)

In the interest of the public health, safety and welfare, the city council may exercise limited discretion in evaluating the site proposed for a use which requires a use permit. In exercising such discretion pertaining to the subject use, the city council shall consider each of the following:

(1)

Whether the proposed use is consistent with the comprehensive land use plan adopted by the city council;

(2)

Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed;

(3)

Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development;

(4)

The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets;

(5)

The location and number of off-street parking spaces;

(6)

The amount and location of open space;

(7)

Protective screening;

(8)

Hours and manner of operation;

(9)

Outdoor lighting; and

(10)

Ingress and egress to the property.

In granting such permits, conditions may be attached as are deemed necessary in the particular case for the protection or benefit of neighbors to ameliorate the effects of the proposed development/use.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

Any use that may be authorized by an administrative permit or use permit shall comply with all other city regulations, zoning district regulations, conditions of zoning approval and other regulations contained herein. All buffers required shall have a ten-foot improvement setback in accordance with the tree protection and landscaping ordinance. The reduction of said setback shall be subject to the approval of the department of planning and zoning in accordance with article VI, Appeals. Whenever a standard contained in this section is in conflict with another provision of this article, the more restrictive provision shall prevail.

Unless otherwise specified, standards, conditions and stipulations attached to a use permit by the city council shall supersede conflicting zoning conditions approved on the same site.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012)

[See sections 80-174—80-195.]

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012)

[Reserved.]

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012)

Intent. Pursuant to section 704(a) of the Federal Telecommunications Policy Act of 1996, it is not the intent of this section to prohibit or have the effect of prohibiting the provision of personal wireless services in the city. It is the intent of this section to address the aesthetic effect of telecommunication facilities on our landscapes, our citizens' demands for these services, and the needs of service providers.

(a)

Allowable districts: C-2, M-1 and M-2.

(b)

Standards:

(1)

Alternative structures are not allowed as an accessory to a single-family use or as a principal use in a single-family district.

(2)

Alternative structures must be set back a distance equal to the height of the structure adjacent to residential and/or the AG zoned property unless said structure is proposed to be located on an existing building.

(3)

Above ground equipment shelters shall be surrounded by a minimum ten-foot wide landscape strip planted to buffer standards unless the director of planning determines that existing plant materials are adequate.

(4)

Roof top antennas and associated structures shall not project more than ten feet above roof line.

(5)

Height shall not exceed 150 feet measured from the finished grade of the base structure.

(6)

The alternative structure shall comply with applicable state and local statutes and ordinances, including, but not limited to, building and safety codes. Alternative structures which have become unsafe or dilapidated shall be repaired or removed pursuant to applicable state and local statutes and ordinances.

(7)

Facilities shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration (FAA).

(8)

Communication towers shall be designed and constructed to ensure that the structural failure or collapse of the tower will not create a safety hazard to adjoining properties, according to applicable federal standards which may be amended from time to time.

(9)

Telecommunications facilities shall not be used for advertising purposes and shall not contain any signs for the purpose of advertising.

(10)

Any telecommunications facility may co-locate on any existing tower, pole or other structure as long as there is no increase in height to the existing facility.

(11)

A telecommunication facility that ceases operation for a period of 12 consecutive months shall be determined to have terminated and shall be removed within 90 days of termination at the property owner's expense. It shall be the duty of both the property owner and the tower owner to notify the city in writing of any intent to abandon the use of the tower.

(12)

An application for a telecommunications facility shall be submitted in accordance with the department's plan review submittal requirements.

(13)

An application for a telecommunication facility shall include a certification from a registered engineer that the structure will meet the applicable design standards for wind loads.

(14)

Communications facilities shall not be located in 100-year flood plain or delineated wetlands.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

Editor's note— An ordinance adopted Oct. 28, 2019 changed the title of § 80-175 from alternative antenna support structure to exceed the district height to alternative antenna support structure district height.

Intent. It is the intent of this article to regulate the placement of amateur towers in a manner that does not impose on public health, safety, or general welfare. The following regulations on design, location, placement, and height limits of antennas in residential districts implements Fairburn's governmental interests in land planning, aesthetics and public safety by requiring the following standards:

(a)

Allowable districts: All.

(b)

Standards:

(1)

Antennas shall be located in the rear yard.

(2)

The maximum height shall be 90 feet. Any request to exceed the maximum height shall require a use permit.

(3)

All antennas shall be set back from all property lines one-third the height of the antenna or the district setback requirements, whichever is greater. The antenna must be located a distance equal to or greater than the antenna height from the nearest residential dwelling, excluding the owner's primary dwelling or structure.

(4)

Antennas shall not be lighted.

(5)

All antennas must be constructed with an anti-climbing device.

(6)

Antennas shall be painted in a neutral color identical or closely compatible with surroundings.

(7)

All guy wires must be anchored on site and outside of right-of-way.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

Editor's note— An ordinance adopted October 28, 2019 changed the title of § 80-176 from amateur radio antenna to exceed the district height to amateur radio antenna district height.

Intent. Pursuant to section 704(a) of the Federal Telecommunications Policy Act of 1996, it is not the intent of this section to prohibit or have the effect of prohibiting the provision of personal wireless services in Fairburn. It is the intent of this section to address the aesthetic effect of telecommunication facilities on our landscapes, our citizens' demands for these services, and the needs of service providers.

The following regulations on design, location, placement, and height limits of antennas implement the city's governmental interest in land planning, aesthetics and public safety by requiring the following administrative permit standards:

(1)

Allowable districts: C-2, DTMU O&I, M-1 and M-2 (see use permit, for use in residential and the AG district.)

(2)

Standards:

a.

Tower/accessory structures must be set back a distance equal to the height of the tower adjacent to residential and/or AG zoned property.

b.

Cables and structures designed to anchor the tower shall be set back at least ten feet from all property lines.

c.

Tower and/or associated facilities shall be enclosed by fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device.

d.

A minimum ten-foot wide landscape strip planted to buffer standards shall be required around the facility exterior to any fence or wall unless the director of planning determines that existing plant materials are adequate.

e.

Height shall not exceed 200 feet measured from the finished grade of the base structure.

f.

The tower shall comply with applicable state and local statutes and ordinances, including, but not limited to, building and safety codes. Towers which have become unsafe or dilapidated shall be repaired or removed pursuant to applicable state and local statutes and ordinances.

g.

Facilities shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration (FAA).

h.

Communication towers shall be designed and constructed to ensure that the structural failure or collapse of the tower will not create a safety hazard to adjoining properties, according to applicable federal standards which may be amended from time to time.

i.

Telecommunications facilities shall not be used for advertising purposes and shall not contain any signs for the purpose of advertising.

j.

Any telecommunications facility may co-locate on any existing tower, pole or other structure as long as there is no increase in height to the existing facility.

k.

A commercial telecommunication facility that ceases operation for a period of 12 consecutive months shall be determined to have terminated and shall be removed within 90 days of termination at the property owner's expense. It shall be the duty of both the property owner and the tower owner to notify the city in writing of any intent to abandon the use of the tower.

l.

Communication facilities not requiring FAA painting/marking shall have either a galvanized finish or [be] painted a dull blue, gray, or black finish.

m.

An application for a telecommunications facility shall be submitted in accordance with the department's plan review submittal requirements.

n.

An application for a telecommunication facility shall include a certification from a registered engineer that the structure will meet the applicable design standards for wind loads.

o.

Communications facilities shall not be located in 100-year flood plain or delineated wetlands.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

Editor's note— An ordinance adopted Oct. 28, 2019 changed the title of § 80-177 from antenna, tower, and associated structure (radio broadcasting, t.v. broadcasting, microwave broadcasting, etc.) to exceed the district height to antenna, tower, and associated structures (radio broadcasting, t.v. broadcasting, microwave broadcasting, etc.), district height.

(a)

Allowable districts: O&I, C-1, C-2, M-1 and M-2.

(b)

Standards:

(1)

All buildings and accessory uses other than parking shall be located at least 50 feet from all property lines of any residential district and/or the AG district used for single family.

(2)

Permitted curb cut access shall not be from a local street.

(3)

Outdoor facilities within 200 feet of any residential district or dwelling shall limit the hours of operation from 8:00 a.m. to 11:00 p.m.

(4)

Outdoor recreational facilities shall be set back a minimum of 100 feet from all property lines of any residential district and/or AG district used for single family, except as otherwise permitted with an administrative permit for a recreational court or swimming pool.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

As applicable, special events are subject to the requirements of other city of departments, such as the fire department, the police department, tent permits, pyrotechnics permits, food service permits, etc.

(a)

Allowable districts: AG, O&I, C-1, C-2, DTMU, M-1, M-2, P&O and residential districts in conjunction with an institutional use, such as a place of worship or a school, or for the benefit of charity such as tours of homes, show houses, and the like.

(b)

Standards:

(1)

No administrative permits shall be effective for more than 14 consecutive days for a single event on the same property. An application for said permit shall be made no less than 14 days prior to the event. Said permit must be posted on site such that it is visible from the street. There is no limit to the number of permits an applicant may obtain per year; however, an applicant shall only be granted a permit for one event at a time.

(2)

The hours of operation shall be limited to 8:00 a.m. to 8:00 p.m., Sunday through Thursday and 8:00 a.m. to 11:00 p.m., Friday through Saturday.

(3)

Two copies of a drawing, to scale and no larger in size than 11 inches by 17 inches, with dimensions (distances in feet) of the activity's location from the site's property lines and other minimum distance requirements as specified by this section shall be submitted to the department of planning and zoning for approval. Said drawing shall also depict the north arrow, curb cuts and traffic patterns.

(4)

The applicant shall provide a notarized written authorization statement of the property owner or lease holder of the subject site to the department of planning and zoning. A 24-hour contact number of the property owner or lease holder shall be provided along with the permit application.

(5)

The entire property shall comply with the zoning district's setback requirements.

(6)

No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of any residential use.

(7)

No tent, table or other temporary structure shall be located within 250 feet of a single family detached residential structure except within the C-1 district. Tents less than 5,000 square feet do not require a building permit; tents equal to or greater than 5,000 square feet require structural plan review and a building permit. All tents are subject to the approval of the fire department.

(8)

Sales from vehicles are prohibited, except mobile food trucks in compliance with the requirements of section 80-237 will be permitted:

(9)

The entire property shall comply with Fairburn's parking requirements.

(10)

No equipment, vehicle, display or sales activity shall block access to a public facility such as a telephone booth, mailbox, parking meter, fire hydrant, fire alarm box, traffic control box, drainage structure, driveway or other access point.

(11)

A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use.

(12)

Signage shall be in accordance with article XII, Sign regulations.

(13)

Events with less than 75 persons are subject to the review and approval of an administrative permit by the director of planning; events with more than 75 persons are subject to the review and approval of a use permit by city council.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable districts: O&I, DTMU, C-1, C-2, M-1, M-2, and P&O. Allowable in AG and residentially zoned districts only when the property is occupied by a church, school, lodge/retreat, farm, plant nursery, etc., existing as a conforming or a lawful non-conforming nonresidential use. The issuance of this permit does not constitute an expansion or extension of a nonconforming use.

(b)

Definition. "Farmers market" shall be defined as a multi-stall market at which farmers and/or producers sell agricultural products, artisan edibles, and hand-made crafts and goods directly to the general public at a central or fixed location.

(c)

Standards:

(1)

The property on which the farmers market is permitted must be located at least 1,500 feet from another farmers market which offers the same or similar merchandise as that of the farmers market.

(2)

Two copies of a drawing, no larger in size than 11 inches by 17 inches, with dimensions {distances in feet) of the activity's location from the site's property lines and other minimum distance requirements as specified by this section shall be submitted to the department of planning and zoning for approval. Said drawing shall also depict north arrow, curb cuts and traffic patterns.

(3)

The applicant shall provide a notarized written authorization statement of the property owner and lease holder of the subject site to the department of planning and zoning. A 24-hour contact number of the property owner and lease holder shall be provided along with permit application.

(4)

Any display or sales activity shall not be located within a required landscape strip or buffer, right-of-way. Said displays shall also maintain a minimum setback of ten feet from any internal drive or permitted curb cut.

(5)

The property on which the fanners market is permitted must be located at least 1,500 feet from a permanent business or another vendor which offers the same or similar merchandise as that of the vendor. Vendor shall provide names of all established businesses which sell similar or the same merchandise within 1,500 feet of the proposed vendor site.

(6)

A parking plan shall be submitted and reviewed by the department of planning and zoning for approval. A minimum of two parking spaces per vendor shall be required.

(7)

No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of a residential use.

(8)

No tent shall be larger than ten feet by ten feet. All tents must comply with all city fire and building codes.

(9)

The hours of operation shall be limited to 8:00 a.m. to 8:00 p.m., Sunday through Thursday and 8:00 a.m. to 11:00 p.m., Friday through Saturday.

(10)

No equipment, vehicle, display or sales activity shall block access to a public facility such as a mail box, parking meter, fire hydrant, fire alarm box, traffic control box, driveway or other access point.

(11)

A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use.

(12)

A 35-foot temporary sign shall be permitted during hours of operation. Any additional signage shall be in accordance article XII, Sign regulations.

(13)

All vendors participating in the farmers market shall comply with the sanitary rules and regulations of the Fulton County and state health departments. All food must be properly displayed, fresh and grown and/or prepared in accordance with all local, state and federal regulations.

(14)

All products must be grown or otherwise produced by the vendor. "Vendor" shall be defined as the producer, of goods sold and shall include the spouse, siblings, children, parents, apprentices, volunteers and employees of the applicant who assist in the cultivation, production and/or sale of goods produced at the address listed on the application.

(15)

No administrative permits shall be effective for more than one year for a single event on the same property. An application for said permit shall be made no less than 14 days prior to the event. Said permit must be posted on site such that it is visible from the street. An applicant shall only be granted a permit for one event at a time.

(16)

The city shall have the authority to revoke said permit for any violations of this Code.

(Ord. No. 2015-09, § 1, 7-27-2015; Ord. of 10-28-2019(1))

(a)

Allowable districts: All.

(b)

Standards:

(1)

A minimum 100-foot setback for all buildings and parking areas shall be provided adjacent to any residential district and/or AG district used for single family.

(2)

Driving range, tees, greens and fairways shall be required to have a 100-foot setback from minor, arterial, and major collector roads.

(3)

Permitted curb cut access shall be from a major thoroughfare unless shown on the approved preliminary plat of a single-family subdivision.

(4)

When located outside a golf course/subdivision development, a minimum 50-foot wide buffer and a ten-foot improvement setback shall be provided adjacent to all buildings and parking areas when said facilities are located adjacent to any residential district and/or the AG district used for single family.

(5)

A minimum 25-foot buffer and a ten-foot improvement setback shall be provided adjoining any residential district and/or the AG district used for single family located outside the golf course development or any associated development.

(6)

When located adjacent to any residential district and/or the AG district used for single family, the hours of operation shall be limited to 8:00 a.m. to 11:00 p.m.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

Whenever parking as required in article IX cannot be accomplished, shared parking in accordance with article IX may be approved via an administrative permit provided:

(a)

Allowable districts: O&I, C-1, C-2.

(b)

Standards:

(1)

If the off-site parking is committed for a specified period of time, the duration of the administrative permit shall be limited to the period of time stipulated therein.

(2)

No more than 20 percent of the total parking requirement may be provided off-site via an administrative permit.

(3)

The property must be located no more than 300 feet from the principal use with pedestrian access provided between the sites as may be required by the department of planning and zoning.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Required districts: All districts except C-1, C-2.

(b)

Standards:

(1)

Detached dwellings. Recreational courts serving single-family detached dwellings shall be located inside or rear yards but shall not be located within a minimum yard.

(2)

Multi-family. Recreational courts, accessory structures, and fencing shall be located a minimum of 100 feet from any residential building, adjoining property line or street.

(3)

Neighborhood. Recreational courts serving a neighborhood must be located within the limits of the underlying zoning.

a.

Use of the recreational courts shall be limited to residents and guests of the neighborhood in which they are located.

b.

Recreational courts, accessory structures, fencing, and parking shall be located a minimum of 100 feet from all adjoining property lines.

c.

Landscape strips and buffer requirements shall be as specified by the tree protection and landscaping ordinance.

d.

A maximum four-square-foot sign identifying the future use of the property for a recreational court shall be posted adjoining the lot's frontage until a certificate of occupancy is issued for the facility.

e.

Sources of exterior illumination shall be directed away from adjoining residences and shall not exceed 1.2-footcandles along an adjoining residential property line. Outdoor lighting of recreation facilities in or adjoining residential districts or uses shall be allowed only between dusk and 11:00 p.m.

f.

A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines adjacent to single family residential uses.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

Recreational courts operated as a club (except those serving residential developments), or courts operated as a business are defined herein as public courts.

(a)

Allowable districts: O&I, C-1, C-2, M-1, M-2, and P&O.

(b)

Standards:

(1)

Recreational courts, accessory structures, fencing, and parking shall be located a minimum of 100 feet from all property lines which abut single family residential uses. Adjacent to all other zonings and uses, the district setback requirements shall apply.

(2)

Landscape strips and buffer requirements shall be as specified by the tree protection and landscaping ordinance.

(3)

Sources of exterior illumination shall be directed away from adjoining residences and shall not exceed 1.2-footcandles along an adjoining residential property line. Outdoor lighting of recreation facilities in or adjoining residential districts or uses shall be used only between dusk and 11:00 p.m.

(4)

A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts and/or the AG district used for single family.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable districts: R-1, R-2, R-3, R-4, and R-CT, RM-12.

(b)

Standards:

(1)

The applicant shall include the following with the application for the administrative permit:

a.

The address from which the structure is being relocated.

b.

A photograph of the structure prior to its relocation.

c.

The total heated floor area of both the existing structure and the renovated structure.

(2)

The location of the structure and the heated floor area of the structure shall be in compliance with the minimum standards of the zoning district and/or conditions of zoning.

(3)

The residential structure shall be affixed to a permanent foundation within six months of the date of the house moving permit, and the certificate of occupancy shall not be issued until such improvements are completed.

(4)

All standards of this section (except subsection (b)(2)) and other applicable regulations shall be met within one-year from the date of this permit issuance.

(5)

A house moving permit shall be obtained from the department of planning and zoning in conjunction with this administrative permit.

(6)

A building permit for the repair and construction of said structure shall be obtained within 30 days of the issuance of the administrative permit.

(7)

The exterior of the structure shall be brought into compliance with the city building regulations within six months of the issuance of this administrative permit.

(8)

Prior to occupancy, a certificate of occupancy must be obtained from the department of planning and zoning.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable district: DTMU.

(b)

Standards:

(1)

A permit may be granted in combination with any permitted use, provided the dwelling is located above the first floor, the dwelling has direct access to the street or other public area, the dwelling has at least 800 square feet of useable floor area, and the dwelling meets all requirements of the fire code.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable districts: O&I, C-1, C-2 and P&O. In the AG (Agricultural) or a residential district, a revival tent may be placed only on property occupied by an existing building used as a place of worship.

(b)

Standards:

(1)

A permit may be granted a maximum of 14 days in a calendar year.

(2)

The revival tent or any area used for assembly shall be located at least 200 feet from a property line of any residential district and/or the AG district used for single family.

(3)

No temporary, sanitary facility or trash receptacle may be located within 200 feet of an existing dwelling, and no tent shall be located within 250 feet of an existing dwelling.

(4)

Provide one parking space per four seats.

(5)

A drawing to scale shall accompany the application and shall accurately depict the number of seats and the standards of this section.

(6)

The hours of operation shall be no earlier than 8:00 a.m. or later than 11:00 p.m.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable districts: C-1, C-2, and accessory to institutional uses, such as a place of worship or a school, or for the benefit of charity such as tours of homes, show houses, and the like.

(b)

Standards:

(1)

No more than four administrative permits shall be granted per year and no single permit shall be effective for more than 30 consecutive days; however, two or more permits, not to exceed four, may be combined for a duration of 60 days, 90 days or a maximum of 120 days. An application for said permit(s) shall be made no less than 14 days prior to the event. Said permit must be posted on site such that it is visible from the street.

(2)

The hours of operation shall be 8:00 a.m. to 8:00 p.m.

(3)

Two copies of a drawing, no larger in size than 11 inches by 17 inches, with dimensions (distances in feet) of the activity's location from the site's property lines and other minimum distance requirements as specified by this section shall be submitted to the department of planning and zoning for approval. Said drawing shall also depict north arrow, curb cuts and traffic patterns.

(4)

The applicant shall provide a notarized written authorization statement of the property owner or lease holder of the subject site to the department of planning and zoning. A 24-hour contact number of the property owner or lease holder shall be provided along with permit application.

(5)

The property on which the applicant is permitted must be located at least 1,500 feet from a permanent business or another vendor which offers the same or similar merchandise as that of the applicant. The applicant shall provide names of all established businesses which sell similar or the same merchandise within 1,500 feet of the proposed vendor site.

(6)

Any activity or structure shall maintain a minimum 20-foot setback from the right-of-way and not be located within a required landscape strip or buffer. Said activity or structure shall also maintain a minimum setback of ten feet from any internal drive or permitted curb cut.

(7)

A minimum of six parking spaces shall be provided for the exclusive use of the roadside produce stand and shall not occupy the minimum required parking spaces for any other use on site.

(8)

No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of a residential use.

(9)

No tent, table is allowed. All vending shall be conducted from a pushcarts/vending cart.

(10)

All pushcarts/vending carts must fit within an area four feet in width, not including protective overhang, by eight feet in length, not including trailer hitch, and eight feet in height.

(11)

All pushcarts/vending carts must meet all county health department regulations.

(12)

No vending station or any item related to the operation of a vending business shall be leaned against or hung from any building or any other structure, including but not limited to, lampposts, parking meters, mailboxes, traffic signal stations, fire hydrants, trees, tree boxes, benches, bus shelters or traffic barriers.

(13)

All items related to the operation of a vending business shall be kept either on, in or under a vending station. No such items shall be stored or placed upon any public space adjacent to the vending stand, pushcart or station.

(14)

No equipment, vehicle, display or sales activity shall block access to a public facility such as a telephone booth, mailbox, parking meter, fire hydrant, fire alarm box, traffic control box, driveway or other access point.

(15)

A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use.

(16)

Signage advertising the vending operation is prohibited.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable districts: C-1, C-2 and accessory to institutional uses, such as a place of worship or a school, or for the benefit of charity such as tours of homes, show houses, and the like.

(b)

Standards:

(1)

No more than two administrative permits shall be granted per year and no permit shall be effective for more than nine consecutive days. An application for said permit shall be made no less than 14 days prior to the event. Said permit must be posted on site such that it is visible from the street.

(2)

The hours of operation shall be 8:00 a.m. to 8:00 p.m.

(3)

Two copies of a drawing, no larger in size than 11 inches by 17 inches, with dimensions (distances in feet) of the activity's location from the site's property lines and other minimum distance requirements as specified by this section shall be submitted to the department of planning and zoning for approval. Said drawing shall also depict north arrow, curb cuts and traffic patterns.

(4)

The applicant shall provide a notarized written authorization statement of the property owner or lease holder of the subject site to the department of planning and zoning. A 24-hour contact number of the property owner or lease holder shall be provided along with permit application.

(5)

The property on which the applicant is permitted must be located at least 1,500 feet from a permanent business or another vendor which offers the same or similar merchandise as that of the applicant. The applicant shall provide names of all established businesses which sell similar or the same merchandise within 1,500 feet of the proposed vendor site.

(6)

Any vending displays or activity shall maintain a minimum 20-foot setback from the right-of-way and not be located within a required landscape strip or buffer. Said displays or activities shall also maintain a minimum setback of ten feet from any internal drive or permitted curb cut.

(7)

A minimum of six parking spaces shall be provided adjacent to the vending area for the exclusive use of the roadside vending and shall not occupy the minimum required parking spaces for any other use on site.

(8)

No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of a residential use.

(9)

No pushcarts/vending cart shall be located within 250 feet of a residential structure. Tents and tarps are prohibited. Sales from vehicles are prohibited.

(10)

No tent, table is allowed. All vending shall be conducted from a pushcarts/vending cart.

(11)

All pushcarts/vending carts must fit within an area four feet in width, not including protective overhang, by eight feet in length, not including trailer hitch, and eight feet in height.

(12)

All pushcarts/vending carts must meet all county health department regulations.

(13)

No vending station or any item related to the operation of a vending business shall be leaned against or hung from any building or any other structure, including but not limited to, lampposts, parking meters, mailboxes, traffic signal stations, fire hydrants, trees, tree boxes, benches, bus shelters or traffic barriers.

(14)

All items related to the operation of a vending business shall be kept either on, in or under a vending station. No such items shall be stored or placed upon any public space adjacent to the vending stand, pushcart or station.

(15)

No equipment, vehicle, display or sales activity shall block access to a public facility such as a telephone booth, mailbox, parking meter, fire hydrant, fire alarm box, traffic control box, driveway or other access point.

(16)

A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use.

(17)

Signage advertising the vending operation is prohibited.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable districts: C-1, C-2, M-1 and M-2. Allowable in AG and residentially zoned districts only when the property is occupied by a church, school, lodge/retreat, farm, plant nursery, etc., existing as a conforming or a lawful non-conforming nonresidential use. The issuance of this permit does not constitute an expansion or extension of a nonconforming use.

(b)

Standards:

(1)

An administrative permit shall not be issued for the same seasonal business use more than once in any calendar year. Said seasonal business use must correlate to a calendar holiday or event. Said permit shall not exceed a total of 30 consecutive days for each use. Said permit must be posted on site such that it is visible from the street. An application for said permit shall be made no less than 14 days prior to the event. Example: One permit may be issued for the sale of Christmas trees for a maximum of 30 consecutive days. A second permit may be issued for the sale of pumpkins for a maximum of 30 consecutive days.

(2)

The hours of operation shall be 8:00 a.m. to 8:00 p.m., Sunday through Thursday and 8:00 a.m. to 11:00 p.m., Friday through Saturday.

(3)

Two copies of a drawing, no larger in size than 11 inches by 17 inches, with dimensions (distances in feet) of the activity's location from the site's property lines and other minimum distance requirements as specified by this section shall be submitted to the department of planning and zoning for approval. Said drawing shall also depict north arrow, curb cuts and traffic patterns.

(4)

The applicant shall provide a notarized written authorization statement of the property owner or lease holder of the subject site to the department of planning and zoning. A 24-hour contact number of the property owner or lease holder shall be provided along with permit application.

(5)

The property on which the roadside vendor is permitted must be located at least 1,500 feet from a permanent business or another vendor which offers the same or similar merchandise as that of the vendor. Vendor shall provide names of all established businesses which sell similar or the same merchandise within 1,500 feet of the proposed vendor site.

(6)

Any display or sales activity shall maintain a minimum 20-foot setback from the right-of-way and shall not be located within a required landscape strip or buffer. Said displays shall also maintain a minimum setback of ten feet from any internal drive or permitted curb cut.

(7)

A minimum of six parking spaces shall be provided for the exclusive use of the seasonal business and shall not occupy the minimum required parking spaces for any other use on site.

(8)

No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of a residential use.

(9)

No tent, table or other temporary structure shall be located within 100 feet of a residential structure. Sales from vehicles are prohibited. Tents less than 5,000 square feet do not require a building permit; tents equal to or greater than 5,000 square feet require structural plan review and a building permit. All tents are subject to the approval of the fire department.

(10)

No equipment, vehicle, display or sales activity shall block access to a public facility such as a telephone booth, mailbox, parking meter, fire hydrant, fire alarm box, traffic control box, driveway or other access point.

(11)

A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use.

(12)

Signage shall be in accordance article XII, Sign regulations.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable districts: All districts except C-1, C-2.

(b)

Standards: All swimming pools shall be completely surrounded by an enclosure. Such enclosure shall be a fence, wall, or building, to prevent access to the pool by unsupervised children and/or animals. The enclosure shall be an effective fence or wall not less than five feet high with self-closing, positive-latching gates provided on the outer side of the deck area. The enclosure entrance shall be locked when the pool is not open for use and all surrounding objects or structures must have a separation of five feet from the enclosure to provide an unclimbable space. The enclosure shall be in place prior to pool completion. Materials and construction shall comply with the regulations administered by the county health department.

(1)

Detached dwellings. Swimming pools shall be allowed inside and rear yards of single-family dwellings in any district and may also be allowed at the back of the house on a double frontage single family residential lot as approved by the department. Pools, pool equipment, and their decks must be a minimum of ten feet from all property lines, except that when perimeter setbacks are required, for example in CUP zoned districts, pools, pool equipment, and decks cannot be located in perimeter setbacks.

(2)

Neighborhood. Swimming pools serving a neighborhood must be located within the limits of the underlying zoning.

a.

Use of swimming pools shall be limited to residents and guests of the neighborhood in which they are located.

b.

Pools, pool equipment, and decks must be located at least 100 feet from all adjoining property lines.

c.

Landscape strips and buffer requirements shall be as specified by the tree protection and landscaping ordinance.

d.

A maximum four-square-foot sign identifying the future use of the property for a swimming pool shall be posted adjoining the lot's frontage until a certificate of occupancy is issued for the facility.

e.

Sources of exterior illumination shall be directed away from adjoining residences and shall not exceed 1.2 footcandles along an adjoining residential property line. Outdoor lighting of recreation facilities in or adjoining residential districts or uses shall be allowed only between dusk and 11:00 p.m.

f.

A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines adjacent to single family residential uses.

(3)

Multi-family. Swimming pools, pool equipment, accessory structures, and fencing shall be located a minimum of 100 feet from any residential building, adjoining property line or street.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

Pools operated as a club (except clubs serving residential developments) or pools operated as a business are defined herein as public pools.

(a)

Allowable districts: O&I, C-1, C-2 and P&O.

(b)

Standards:

(1)

Pools, pool equipment, decks, and parking shall be located a minimum of 100 feet from all property lines which abut single family residential uses. Adjacent to all other zonings and uses, the district setback requirements shall be provided.

(2)

Landscape strips and buffer requirements shall be as specified by the tree protection and landscaping ordinance.

(3)

Sources of exterior illumination shall be directed away from adjoining residences and shall not exceed 1.2 footcandles along an adjoining residential property line. Outdoor lighting of recreation facilities in or adjoining residential districts or uses shall be allowed only between dusk and 11:00 p.m.

(4)

A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines adjacent to single family residential uses.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable districts: All.

(b)

Standards:

(1)

The structure must be constructed for use as a temporary classroom and certified as such by the department of planning and zoning.

(2)

The principal use must exist prior to the issuance of the permit.

(3)

The temporary classroom shall not be used to increase the capacity or enrollment as conditioned by zoning, or as limited by other use permit conditions.

(4)

An administrative permit for a temporary classroom shall expire three years from the date of approval at which time the structure shall be removed unless a new administrative permit is obtained within 30 days of the expiration date.

(5)

The structure shall not be located within any principal building setbacks or within any required landscape strips or buffers.

(6)

Two copies of a drawing showing dimensions shall accompany the application and shall accurately depict the proposed location of temporary structures, the traffic patterns and curb cuts and compliance with this section and all other applicable standards of this chapter.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable districts: All, except emission inspection stations shall be permitted only in non-residential districts except AG.

(b)

Standards:

(1)

Temporary structures (whether tents, site-built, mobile or manufactured structures) utilized for construction offices, ticket booths, security guard shelters, storage structures in association with construction, emission inspection stations, portable toilets and other similar uses may be permitted by the planning and zoning department in any district.

(2)

Temporary structures shall be located outside of any required buffers and landscape areas, and shall maintain the principal building setback of the district except portable toilets must maintain a 200-foot setback from existing dwelling(s).

(3)

Temporary structures must be removed prior to the issuance of a certificate of occupancy or within five days of completion of the temporary event or activity for which the structure was approved.

(4)

Temporary structures used in conjunction with other permitted administrative and use permits shall not be required to obtain a separate administrative permit.

(5)

An administrative permit for a temporary structure shall expire three years from the date of approval at which time the structure shall be removed unless a new administrative permit is obtained within 30 days of the expiration date.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable districts: All.

(b)

Standards:

(1)

Utility substations measuring less than 35 square feet and less than five feet in height from finished grade are exempt from these regulations.

(2)

All substation structures shall be contained within the boundaries of the subject parcel and meet the minimum development standards of the district unless otherwise required in this article section.

(3)

Minimum setback of all utility structures from a residential structure shall be:

a.

Electric—200 feet.

b.

Gas and telephone—the applicable minimum setback for the district in which located.

(4)

A minimum ten-foot wide landscape strip planted to buffer standards shall be required around the perimeter of all utility sites except along lines where buffers are required.

(5)

For electric substations, provide a minimum 50-foot wide replanted or natural buffer adjacent to the property lines of any residential district and/or the AG district used for single family.

(6)

Interior to landscape strips or buffers that do not accomplish 100 percent visual screening as defined in the tree protection and landscaping ordinance, provide an eight-foot high opaque fence or, masonry wall, a minimum four-foot high landscaped earthen berm, a vegetative screen or some combination thereof, subject to the approval of the planning and zoning department.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable districts: C-2, M-1.

(b)

Standards:

(1)

All of the activities directly associated with animal treatment shall occur entirely within a completely enclosed soundproof structure.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

[Reserved—See section 80-196—80-239]

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

[Reserved.]

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012)

Intent. It is the intent of this section to allow certain agricultural-related activities with a use permit in compliance with the development standards below to preserve the nature of agricultural areas. Such uses shall include, but not be limited to, petting zoo, educational tours, dude ranches, picnicking, pay fishing and community gardens.

(a)

Allowable district: All.

(b)

Standards:

(1)

Minimum lot size shall be five acres.

(2)

Permitted curb cut access shall not be from a local street.

(3)

Food services may be provided.

(4)

A minimum of 100-foot setback is required from all property lines for activity areas, including parking.

(5)

All structures housing animals shall be set back a minimum of 100 feet from all property lines.

(6)

All parking and access areas must be of an all-weather surface per article IX.

(7)

A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts and/or AG districts used for single family.

(8)

Hours of operation shall commence no earlier than 6:00 a.m. and cease by 11:00 p.m.

(9)

If located adjacent to any residential district or an AG district used for single family, the minimum buffers and landscape strips required for the O&I district as specified in the tree protection and landscaping ordinance shall be required.

(10)

Sanitary facilities or trash receptacles shall be located a minimum of 100 feet from a property line of any residential district and/or AG district used for single family.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

Permit height. See also administrative permit 80-174.

Intent. It is the intent of this section to regulate the placement of amateur radio towers in a manner that does not impose on public health, safety, general welfare.

The following regulations on design, location, placement, and height limits of antennas in residential districts implements the city's governmental interest in land planning, aesthetics and public safety by requiring the following use permit standards:

(a)

Allowable districts: All.

(b)

Standards:

(1)

Antennas shall be located in the rear yard.

(2)

The request of a height of 90 feet shall be accompanied by a written justification of its intent by the licensee. Under no circumstances shall an antenna exceed 200 feet in height.

(3)

All antennas shall be set back from the property line one-third the height of the antenna or the district setback requirements, whichever is greater. However, the antenna must be located a distance equal to or greater than the antenna height from the nearest residential dwelling, excluding the primary dwelling or structure which is located on the same lot as the antenna.

(4)

Antennas shall not be lighted.

(5)

All antennas must be constructed with an anti-climbing device.

(6)

Antennas shall be painted in a neutral color identical or closely compatible with surroundings.

(7)

All guy wires must be anchored on site and outside of right-of-way.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable districts: AG, O&I, C-1 and C-2.

(b)

Standards:

(1)

Lot area shall be a minimum of ten acres.

(2)

The stage shall be located a minimum of 600 feet from adjacent properties zoned for residential use and/or the AG districts used for single family.

(3)

Permitted curb cut access shall be only from an arterial street.

(4)

A minimum 100-foot buffer and ten-foot improvement setback shall be provided adjacent to residential districts, property zoned for residential use zoning or development or AG districts when used for single family.

(5)

A minimum 50-foot buffer and ten-foot improvement setback shall be provided adjacent to non-residential districts zoning or development.

(6)

A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at the property lines of adjacent residential districts and/or AG districts used for single family.

(7)

Eight-foot high fencing shall be provided adjacent to properties zoned for residential use or AG districts used for single family.

(8)

The hours of operation of the facility shall be limited to 8:00 a.m. to 11:00 p.m. when adjacent to properties zoned for residential use and/or AG districts used for single-family.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

Intent. Pursuant to Section 704(a) of the Federal Telecommunications Policy Act of 1996, it is not the intent of this section to prohibit or have the effect of prohibiting the provision of personal wireless services in Fairburn. It is the intent of this section to address the aesthetic effect of telecommunication facilities on our landscapes, our citizens' demands for these services, and the needs of service providers.

The following regulations on design, location, placement, and height limits of antennas in residential and AG zoned districts implements the city's governmental interest in land planning, aesthetics and public safety by requiring the following use permit standards:

(a)

Allowable districts: Residential districts, AG (See same heading in section 80-174, for other non-residential districts.)

(b)

Standards:

(1)

Towers must be set back a distance equal to one and one-half times the height of the tower adjacent to residential and/or AG zoned property.

(2)

Height shall not exceed 200 feet from existing grade.

(3)

Tower and associated facilities shall be enclosed by fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device.

(4)

A minimum ten-foot landscape strip planted to buffer standards shall be required surrounding the facility exterior to the required fence unless the director of planning and zoning determines that existing plant materials are adequate.

(5)

Antennas or towers shall not have lights unless required by federal or state law.

(6)

Towers shall not be located within one-half mile from any existing telecommunication tower above the district height, excluding alternative structures.

(7)

The tower shall comply with applicable state and local statutes and ordinances, including, but not limited to, building and safety codes. Towers which have become unsafe or dilapidated shall be repaired or removed pursuant to applicable state and local statutes and ordinances.

(8)

Facilities shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration (FAA).

(9)

Communication towers shall be designed and constructed to ensure that the structural failure or collapse of the tower will not create a safety hazard to adjoining properties, according to applicable federal standards which may be amended from time to time.

(10)

Telecommunications facilities shall not be used for advertising purposes and shall not contain any signs for the purpose of advertising.

(11)

Any telecommunications facility may co-locate on any existing tower, pole or other structure as long as there is no increase in height to the existing facility.

(12)

A commercial telecommunication facility that ceases operation for a period of 12 consecutive months shall be determined to have terminated and shall be removed within 90 days of termination at the property owner's expense. It shall be the duty of both the property owner and the tower owner to notify the county in writing of any intent to abandon the use of the tower.

(13)

Communication facilities not requiring FAA painting/marking shall have either a galvanized finish or [be] painted a dull blue, gray, or black finish or shall be screened through fencing and landscaping.

(14)

An application for a telecommunications facility shall be submitted in accordance with the department's plan review submittal requirements.

(15)

An application for a telecommunication facility shall include a certification from a registered engineer that the structure will meet the applicable design standards for wind loads.

(16)

Communications facilities shall not be located in 100-year flood plain or delineated wetlands.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable districts: AG, R-1, R-2, R-3, R-4, C-1, C-2, DTMU.

(b)

Standards:

(1)

A minimum of two guest rooms and a maximum of five guest rooms are permitted.

(2)

No parking in the minimum front yard.

(3)

The bed and breakfast shall be owner-occupied.

(4)

Permitted curb cut access shall be from a local street.

(5)

The minimum landscape and buffer areas shall be required as specified in chapter 74, Tree protection and landscape for the AG agricultural district.

(6)

Parking requirements shall be the same as hotel/motel as specified in article IX.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable districts: All districts except AG.

(b)

Standards:

(1)

Permitted curb cut access shall be only from a major thoroughfare, unless in conjunction with a place of worship.

(2)

No building shall be located within 50 feet of a residential district and/or the AG district used for single family.

(3)

All structures, including graves, shall be inside and meet the minimum yard setbacks or ten feet, whichever is greater.

(4)

If located adjacent to a single-family dwelling district and/or AG district used for single family, the minimum buffers and landscape strips required for the O&I district as specified in chapter 74 shall be required.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable districts: All.

(b)

Standards:

(1)

All buildings and use areas/structures other than parking and pedestrian walkways shall be located at least 100 feet from any adjoining residential district and/or the AG district used for single family.

(2)

No parking shall be located within the minimum front yard setback.

(3)

Any associated day care centers, private schools, recreational fields or other uses requiring a use permit or administrative permit shall be allowed only under a separate approved use permit or administrative permit for each use.

(4)

The minimum buffers and landscape strips required for the O&I zoning district as specified in tree protection and landscaping ordinance, shall be required.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

Including, but not limited to amusement parks, velodromes, bungee jumping parks, skateboard parks, ski slopes, batting cages, miniature golf, drive-in theaters, etc. (See also section 80-209, driving ranges.)

(a)

Allowable districts: C-1, M-1, M-2, and P&O.

(b)

Standards:

1.

Permitted curb cut access shall be derived only from arterial streets.

2.

A minimum 100-foot buffer and ten-foot improvement setback shall be provided adjacent to residential districts and/or the AG district used for single family.

3.

A minimum 50-foot buffer and ten-foot improvement setback shall be provided adjacent to non-residential zoning or development districts.

4.

A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts and/or the AG districts used for single family.

5.

Eight-foot high fencing shall be provided adjacent to any residential district and/or the AG district when used for single family and interior to any required landscape strips or buffers.

6.

The hours of operation of the facility shall be limited to 8:00 a.m. to 11:00 p.m. adjacent to residential districts and/or the AG when used for single family.

7.

All recreational structures and activities shall maintain a minimum setback of 100 feet from any public right-of-way.

8.

The height limits of the zoning district shall apply to all recreational structures unless a use permit to exceed the height is granted.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable district: C-2.

(b)

Standards:

(1)

Lot area shall be a minimum of five acres.

(2)

Permitted curb cut access shall be derived from an arterial or major collector.

(3)

The hours of operation shall be between the hours of 7:00 a.m. to 6:00 p.m.

(4)

All operations shall maintain a minimum setback of 100 feet from all property lines.

(5)

The minimum buffers required are as specified for the M-1 district. (See the tree protection and landscaping ordinance.)

(6)

On-site traffic shall be limited to an all-weather surfaced area.

(7)

Stored materials shall be contained in such a manner as to prevent the blowing of any materials onto any surrounding property or roadway.

(8)

The composting facility shall obtain all necessary permits from the department of natural resources, environmental protection division.

(9)

A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts and/or the AG districts used for single family.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable districts: AG, R-2, R-3, R-4, C-1, C-2, O&I, M-1.

(b)

Standards:

(1)

Facilities shall be for five persons or more.

(2)

Permitted curb cut access shall be from a local arterial or a major collector.

(3)

Provide the minimum landscape strips and buffers as required for the O&I zoning district as specified in tree protection and landscaping.

(4)

Provide a 50-foot building setback from all single family.

(5)

No parking allowed within the minimum front yard setback.

(6)

Rooms or suites of rooms may be designed with separate kitchen facilities.

(7)

Facility shall comply with applicable local, state, and federal regulations.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable districts: C-1, C-2.

(b)

Standards:

(1)

Lot area shall be a minimum of five acres.

(2)

A minimum of six guest rooms and a maximum of 30 rooms are permitted. (See section 80-201, bed and breakfast, for less than six guest rooms.)

(3)

The country inn shall be owner occupied.

(4)

Permitted curb cut access shall be from a local road or higher road classification.

(5)

The establishment may provide meal services to guests.

(6)

Parking shall not be permitted within the minimum front yard setback.

(7)

The minimum landscape strip and buffer requirements for the O&I district as specified in the tree protection and landscaping ordinance shall be required.

(8)

Parking requirements shall be the same as hotel/motel as specified in article IX, off-street parking, loading and landscape requirements.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

Allowed as a permitted use in AG, R-1, R-2, R-3, O&I and P&O districts.

(a)

Allowable districts: May be allowed in single family districts in conjunction with an institutional use such as a church, temple, place of worship, school or a hospital.

(b)

Standards:

(1)

Facility shall be for three or more children under the age of 18, excluding staff.

(2)

In residential districts (R-1, R-2, R-3, O&I and P&O) child day care centers shall be located a minimum of 500 feet from each other as measured from respective property lines.

(3)

Copies of applicable local, state, and federal permits shall be provided to the department of planning and zoning prior to the issuance of a certificate of occupancy and business license

(4)

Provide minimum landscape strips, buffers and improvement setbacks as specified for the O&I district in the tree protection and landscaping ordinance.

(5)

Provide a minimum six-foot high opaque fence interior to any required landscape strips and/or buffers around the periphery of the yard used for the play area.

(6)

Play areas shall be located within the rear or side yards.

(7)

The hours of operation shall be limited to Monday through Friday from 6:00 a.m. to 7:00 p.m.

(8)

No parking allowed in the minimum front yard setback.

(9)

Driveway design shall permit vehicles to exit the property in a forward direction.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable districts: O&I, C-1, C-2, and M-1.

(b)

Standards:

(1)

Lot area shall be a minimum of ten acres.

(2)

Permitted curb cut access shall be from a major collector or arterial.

(3)

Loudspeakers/paging systems are prohibited adjacent to residential districts and districts used for single family.

(4)

The hours of operation shall be limited to 8:00 a.m. to 11:00 p.m. adjacent to residential districts and/or AG districts used for single family.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

See section 80-179, event, special indoor/outdoor.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. No. 2014-11, § 1, 6-9-2014)

(a)

Allowable districts: AG, R-2, R-3, R-4, C-1, C-2, O&I and M-1.

(b)

Standards:

(1)

Facility shall be for two or three unrelated adults.

(2)

Parking shall comply with the requirements of article IX for dwellings.

(3)

The minimum landscape strips and buffers required for the O&I district as specified in the tree protection and landscaping ordinance shall be provided.

(4)

Copies of applicable local, state, and federal permits shall be provided to the department of planning and zoning prior to the issuance of a certificate of occupancy and business license.

(5)

Parking shall not be permitted within the minimum front yard.

(6)

Facility shall not be located closer than 1,320 feet to the nearest property line of another group residence.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable districts: AG, R-3, R-4, C-1, C-2, O&I, and M-1.

(b)

Standards:

(1)

Facility shall be for four to six unrelated adults.

(2)

Parking shall comply with the requirements of article IX for dwellings.

(3)

The minimum landscape strips and buffers required for the O&I district as specified in the tree protection and landscaping ordinance shall be provided.

(4)

Copies of applicable local, state, and federal permits shall be provided to the department of planning and zoning prior to the issuance of a certificate of occupancy and business license.

(5)

Parking shall not be permitted within the minimum front yard.

(6)

Facility shall not be located closer than 1,320 feet to the nearest property line of another group residence.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable districts: AG, R-4, C-1, C-2, O&I and M-1.

(b)

Standards:

(1)

Facility shall be for seven to 15 unrelated adults.

(2)

Parking shall comply with the requirements of article IX for dwellings.

(3)

The minimum landscape strips and buffers required for the O&I district, as specified in the tree protection and landscaping ordinance, shall be provided.

(4)

Copies of applicable local, state, and federal permits shall be provided to the department of planning and zoning prior to the issuance of a certificate of occupancy and business license.

(5)

Parking shall not be permitted within the minimum front yard.

(6)

Facility shall not be located closer than 1,320 feet to the nearest property line of another group residence.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable districts: AG, C-1, C-2, O&I and M-1.

(b)

Standards:

(1)

Facility shall be for 16 or more unrelated adults.

(2)

Parking shall comply with the requirements of article IX for dwellings.

(3)

The minimum landscape strips and buffers required for the O&I district as specified in the tree protection and landscaping ordinance shall be provided.

(4)

Copies of applicable local, state, and federal permits shall be provided to the department of planning and zoning prior to the issuance of a certificate of occupancy and business license.

(5)

Parking shall not be permitted within the minimum front yard.

(6)

Facility shall not be located closer than 1,320 feet to the nearest property line of another group residence.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable districts: AG, R-2, R-3, R-4, C-1, C-2, O&I, and M-1.

(b)

Standards:

(1)

Facility shall be for two but not more than three unrelated children.

(2)

Parking shall comply with the requirements of article IX for dwellings.

(3)

The minimum landscape strips and buffers required for the O&I district as specified in the tree protection and landscaping ordinance shall be provided.

(4)

Copies of applicable local, state, and federal permits shall be provided to the department of planning and zoning prior to the issuance of a certificate of occupancy and business license.

(5)

Parking shall not be permitted within the minimum front yard.

(6)

Facility shall not be located closer than 1,320 feet to the nearest property line of another group residence.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable districts: R-3, R-4, C-1, C-2, O&I, and M-1.

(b)

Standards:

(1)

Facility shall be for four but not more than six unrelated children.

(2)

Parking shall comply with the requirements of article IX for dwellings.

(3)

The minimum landscape strips and buffers required for the O&I district as specified in the tree protection and landscaping ordinance shall be provided.

(4)

Copies of applicable local, state, and federal permits shall be provided to the department of planning and zoning prior to the issuance of a certificate of occupancy and business license.

(5)

Parking shall not be permitted within the minimum front yard.

(6)

Facility shall not be located closer than 1,320 feet to the nearest property line of another group residence.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable districts: AG, R-4, C-1, C-2, O&I and M-1.

(b)

Standards:

(1)

Facility shall be for seven but not more than 15 unrelated children.

(2)

Parking shall comply with the requirements of article IX for dwellings.

(3)

The minimum landscape strips and buffers required for the O&I district as specified in tree protection and landscaping ordinance shall be provided.

(4)

Copies of applicable local, state, and federal permits shall be provided to the department of planning and zoning prior to the issuance of a certificate of occupancy and business license.

(5)

Parking shall not be permitted within the minimum front yard.

(6)

Facility shall not be located closer than 1,320 feet to the nearest property line of another group residence.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable districts: AG, C-1, C-2, O&I and M-1.

(b)

Standards:

(1)

Facility shall be for 16 or more unrelated children.

(2)

Parking shall comply with the requirements of article IX for dwellings.

(3)

The minimum landscape strips and buffers required for the O&I district as specified in tree protection and landscaping ordinance shall be provided.

(4)

Copies of applicable local, state, and federal permits shall be provided to the department of planning and zoning prior to the issuance of a certificate of occupancy and business license.

(5)

Parking shall not be permitted within the minimum front yard.

(6)

Facility shall not be located closer than 1,320 feet to the nearest property line of another group residence.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable districts: C-2.

(b)

Standards:

(1)

Minimum one-acre lot size is required.

(2)

Buildings and runs, sun areas, exercise yards, patios or facilities other than parking shall be located at least 100 feet from all property lines and 200 feet from any single-family district and/or the AG district used for single-family.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable district: M-2.

(b)

Standards:

(1)

No access shall be allowed from local streets.

(2)

Access streets shall be paved and shall be able to withstand maximum load limits established by the state as approved by the director of public works.

(3)

No portion of a new landfill shall be located within a three-mile radius of the property lines of an existing landfill.

(4)

The waste disposal boundary of a landfill shall be located at least 500 feet from all property lines, except adjacent to M-1 (light industrial) and M-2 (heavy industrial) zoned districts.

(5)

A minimum 200-foot buffer and ten-foot improvement setback shall be required along all property lines except public rights-of-way.

(6)

A minimum 50-foot buffer and ten-foot improvement setback shall be required along all public rights-of-way.

(7)

A minimum six-foot high solid fence or wall shall be located on property lines or interior to the required buffers and improvement setbacks.

(8)

Limit hours of operation from 6:00 a.m. to 6:00 p.m., Monday through Saturday.

(9)

The owner shall provide the director of planning a current copy of all applicable permits from the state department of natural resource upon application for a land disturbance permit.

(10)

Vehicles shall be allowed into a landfill site only if waste is covered to prevent blowing of material from the vehicle.

(11)

No portion of a new or expanded landfill shall be located within a one-mile radius of the property lines of a residentially zoned or used property.

(12)

An expanded landfill shall not include any expanded use within the parcel boundaries of an existing site or location.

(13)

The landfill shall be sited and operated in accordance with the Rules of Georgia, Department of Natural Resources, Environmental Protection Division, Chapter 391-3-4 Solid Waste Management, O.C.G.A. § 12-8-20 Georgia Comprehensive Solid Waste Management Plan, and 40 CFR Part 258 (Subtitle D of RCRA).

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable districts: C-1, C-2, and DTMU.

(b)

Standards:

(1)

No access shall be allowed from local streets.

(2)

No parking is permitted in the minimum front yard.

(3)

All use areas/structures other than parking and pedestrian walkways shall be located at least 50 feet from any adjoining residential district or AG (agricultural) district.

(4)

Limit hours of operation from 6:00 a.m. to 11:00 p.m.

(5)

The minimum buffers and landscape strips required for the O&I (office-institutional) zoning district as specified in the tree protection and landscaping ordinance shall be required.

(6)

Structure(s) for retail sales shall be limited to 1,000 total gross square feet.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

Facilities to include lodging and food service for social, educational and/or recreational purposes.

(a)

Allowable districts: AG, M-1, and M-2.

(b)

Standards:

(1)

Minimum lot size shall be ten acres.

(2)

Permitted curb cut access shall not be derived from a local street.

(3)

A minimum 100-foot wide buffer and ten-foot improvement setback are required adjacent to residential districts, AG districts used for single family and adjoining a public street.

(4)

A minimum 50-foot wide buffer and ten-foot improvement district are required adjacent to all other non-residential districts.

(5)

Length of the stay for all but permanent staff shall not exceed 30 consecutive days.

(6)

Sanitary facilities or trash receptacles shall be located a minimum of 200 feet from any residential district and/or the AG district when used for single family.

(7)

A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts and/or the AG district used for single family.

(8)

Recreational facilities associated with the use shall be for staff and guests only.

(9)

One parking space per lodging unit or five per 1,000 square feet of floor area, whichever is greater.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable district: M-1.

(b)

Standards:

(1)

Total number of bedrooms or units shall not exceed 20, including staff facilities.

(2)

Rooms or suites of rooms may be designed with separate kitchen facilities.

(3)

Lodging facility shall be located within one-mile of a hospital or inpatient clinic.

(4)

Facilities located in a R-CT district must have frontage on streets with classifications higher than local streets.

(5)

If located adjacent to a single-family district and/or the AG district used for single family, the minimum buffers and landscape strips required for the O&I district as specified in the tree protection and landscaping ordinance shall be required.

(6)

Off-street parking requirements shall be one per living unit plus one per nonresident employee. Parking is not allowed in the front yard setback.

(7)

Signs shall not exceed four square feet in area and four feet in height.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable districts: AG, C-1, C-2, O&I and DTMU.

(b)

Standards:

(1)

Facilities shall be for two persons or more.

(2)

Permitted curb cut access shall be from an arterial or a major collector. Permitted curb cut access may be allowed from a minor collector if within 1,000 feet of the property line of an institutional use.

(3)

Provide a 50-foot building setback from single family districts and/or the AG districts when used for single family.

(4)

No parking allowed in the minimum front yard setback.

(5)

The minimum parking spaces provided shall be in conformance with health care facilities per article IX, section 80-336.

(6)

Provide landscape strips and buffers as required in the O&I district as specified in the tree protection and landscaping ordinance.

(7)

Rooms or suites of rooms may be designed with separate kitchen facilities.

(8)

Facility shall comply with all applicable local, state, and federal regulations, and provide applicable permits to the department of planning and zoning prior to the issuance of a certificate of occupancy.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable districts: All.

(b)

Standards:

(1)

The operation shall be temporary; the duration of such use shall not exceed six months;

(2)

Only timber harvested from the property on which the sawmill is located shall be processed;

(3)

All operations associated with portable sawmills, including the cutting, sawing and planing of logs or boards, and the loading, unloading and storage of any wood materials shall be set back a minimum of 200 feet from any property boundary. Such uses shall be set back a minimum of 500 feet from any abutting residential property.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable district: M-2.

(b)

Standards:

(1)

Minimum lot size: 100 acres.

(2)

All boundary lines of the property included within the application must be located at least 500 feet from the properties listed below:

a.

The property line of R-1, R-2, R-3, R-4, and AG zoned property or property conditioned or used for residential purposes.

b.

The property line of any public recreational facilities, public or private institutional uses, including but not limited to churches, schools, universities, colleges, trade-schools, libraries, day care centers and other training facilities when minors are the primary patrons.

(3)

All boundary lines of the property included within the application must be located at least ten miles from all property lines of any other correctional facility.

(4)

Submit, with the application for a use permit, a certified boundary survey of the site and the use of adjoining properties. If any of the uses or zoning districts referenced in subsection (2)a. and b. and are located within 500 feet of the boundary lines of the subject property, and/or a correctional facility is located within ten miles of the boundary line of the subject property, they must be identified by map as part of the use permit application.

(5)

A minimum 200-foot wide buffer and ten-foot improvement setback shall be provided adjacent to any property zoned other than I-1 and I-2 and from any property used for residential purposes.

(6)

A minimum 100-foot wide buffer and ten-foot improvement setback shall be provided adjacent to property zoned M-1 and/or M-2.

(7)

Permitted curb cut access shall be from a major thoroughfare.

(8)

Parking spaces shall be in accordance with article IX, section 80-336.

(9)

Fencing shall be in accordance with American Correction Institute standards and located interior to required buffers and improvement setbacks.

(10)

Lighting shall be in accordance with American Correction Institute standards and the lighting standards set forth in this chapter. The more restrictive standards shall apply.

(11)

Facility shall comply with all applicable local, state, and federal regulations, and applicable permits shall be provided to the department of planning and zoning prior to the issuance of a certificate of occupancy.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

Including but not limited to soccer, softball, baseball, polo, football, cricket, etc.

(a)

Allowable districts: All.

(b)

Standards:

(1)

Permitted curb cut access shall not be from a local street.

(2)

A minimum 50-foot buffer and ten-foot improvement setback shall be provided adjacent to residential districts and/or the AG districts used for single family.

(3)

Loudspeakers/paging systems are prohibited adjacent to residentially used property.

(4)

The hours of operation shall be limited to daylight hours when said facility is located adjacent to residential districts and/or the AG districts used for single family.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable district: M-2.

(b)

Standards:

(1)

Limit hours of operation from 7:00 a.m. to 8:00 p.m. Monday through Saturday.

(2)

No portion of a new recycling facility shall be located within a three-mile radius of the property lines of an existing recycling facility.

(3)

A minimum 200-foot buffer and ten-foot improvement setback shall be required along all property lines except public rights-of-way.

(4)

A minimum 50-foot buffer and ten-foot improvement setback shall be required along all public rights-of-way.

(5)

All recyclable materials shall be stored in containers with no stockpiling outside the containers.

(6)

Collection, storage containers, or receptacles shall not be allowed in minimum yards. Storage shall be screened with a six-foot high, solid wall or fence, including access gates.

(7)

The processing of recyclable materials must be done within an enclosed building.

(8)

Driveways shall be designed so vehicles will exit the facility in a forward direction.

(9)

A maximum continuous sound level of 65 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts and/or the AG districts used for single family.

(10)

The recycling center shall comply with regulations administered by the county department of health.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable district: M-1.

(b)

Standards:

(1)

Usage of such facility shall be restricted to the supervised rehabilitation of substance abusers.

(2)

Parking shall comply with the requirements of article IX for dwellings.

(3)

The minimum landscape strips and buffers required for the O&I district as specified in the tree protection and landscaping ordinance shall be provided.

(4)

Copies of applicable local, state and federal permits shall be provided to the department of planning and zoning prior to the issuance of a certificate of occupancy and business license.

(5)

Parking shall not be permitted within the minimum front yard.

(6)

No such facility shall be located within 2,000 feet of any other group residence/shelter, personal care home/assisted living facility, and medical related lodging or rehabilitation center.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable district: M-2.

(b)

Standards:

(1)

No portion of a new salvage, storage, and/or junk facility shall be located within a three-mile radius of the property lines of an existing salvage, storage, and/or junk facility.

(2)

A minimum 200-foot buffer and ten-foot improvement setback shall be required along all property lines except public rights-of-way.

(3)

A minimum 50-foot buffer and ten-foot improvement setback shall be required along all public rights-of-way.

(4)

All facilities shall be screened from view from adjacent properties and roadways with a minimum six-foot high, solid fence or wall, as approved by the department of planning and zoning, except for approved access crossings and utility easements. Said fence or wall shall be located interior to any required buffer or landscape strip.

(5)

Vehicles and other materials shall not be stacked so that they are visible from any adjacent properties.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable districts: All.

(b)

Standards:

(1)

Minimum lot area shall be one acre.

(2)

If located adjacent to a single-family dwelling district and/or AG district used for single family, the minimum landscape strips, buffers, and improvement setbacks required for the O&I district as specified in the tree protection and landscaping ordinance shall be required.

(3)

Buildings and refuse areas shall not be located within 100 feet of a residential district and/or AG district used for single family.

(4)

Active outdoor recreation areas shall not be located within 100 feet of an adjoining residential district or use. Recreational fields, such as playing fields, that are accessory to the school do not require a separate use permit.

(5)

Day care facilities in association with the school do not require a separate use permit.

(6)

Parking areas shall not be located within 50 feet of any residential district and/or AG district used for single family.

(7)

Student drop-off and vehicular turn-around facilities shall be provided on the site so that vehicles may re-enter the public street in a forward manner.

(8)

Permitted curb cut access shall not be from a local street.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable districts: C-1, C-2, DTMU, M-1, M-2, and O&I.

(b)

Standards:

(1)

All standards set forth in the Southern, Western, Northwest, North Central, New England or Middle States Association of Colleges and Schools shall be met, if applicable. All standards and certifications required for trade schools shall be met, if applicable.

(2)

The minimum landscape strips, buffers, improvement setbacks and other development regulations shall be as specified in each district.

(3)

Active outdoor recreation areas shall not be located within 100 feet of an adjoining residential district or use. Recreational fields, such as playing fields, food preparation and service, athletic facilities, stadiums, residence halls/dormitories, and any limited retail activities that are accessory to the college, university or trade school do not require a separate use permit.

(4)

Day care facilities in association with the college, university or trade school shall be allowed and do not require a separate use permit pursuant to section 80-208; however, the college, university or trade school must notify the department of planning and zoning that such use will be on the property, and shall provide copies of all applicable local, state, and federal permits to the department of planning and zoning prior to the issuance of a certificate of occupancy and business license.

(5)

Off-street parking requirements set forth is section 80-337 shall be complied with.

(6)

The college, university or trade school shall have at least one curb cut access to an arterial or collector street.

(7)

For private or special schools, see section 80-230.

(Ord. No. 2014-13, § 1, 6-9-2014; Ord. of 10-28-2019(1))

(a)

Allowable district: C-2.

(b)

Standards:

(1)

At least 75 percent of the total on-site storage space shall be contained in individual enclosed stalls containing no more than 500 square feet each and being no more than ten feet high.

(2)

No activities other than the dead storage or transfer of nonvolatile goods, or leasing of storage space are permitted. Prohibited uses include but are not limited to miscellaneous sales; fabrication or repair of vehicles, equipment or other goods; transfer-storage business based on site; residential uses (other than the resident manager's apartment), or any use which creates a nuisance due to noise, odor, dust, light or electrical interference.

(3)

An on-site manager or resident manager shall be required and shall be responsible for the operation of the facility in conformance with conditions of approval. A resident manager's apartment is included in the use permit.

(4)

Provide a minimum six-foot high, 100 percent opaque solid wooden fence or masonry wall along the entire length (except for approved access crossings) of all property lines. Said fence/wall shall be located outside of any public right-of-way and interior to any required landscape strips or buffers.

(5)

A new or expanded self-storage facility shall be located a minimum of 1,500 feet from the boundary of any other self-storage facility (mini or multi).

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable districts: C-1, and C-2.

(b)

Standards:

(1)

No outside storage shall be allowed, including vehicle leasing.

(2)

All buildings shall have windows or architectural treatments that appear as windows.

(3)

No activities other than the dead storage or transfer of nonvolatile goods or leasing of storage space are permitted. Prohibited uses include but are not limited to miscellaneous sales; fabrication or repair of vehicles, equipment or other goods; transfer-storage business based on site; residential uses (other than the resident manager's apartment), or any use which creates a nuisance due to noise, odor, dust, light or electrical interference.

(4)

Permitted curb cut access shall not be from a local street.

(5)

A new or expanded self-storage facility shall be located a minimum of 1,500 feet from the boundary of any other self-storage facility (mini or multi).

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable districts: A use permit shall be required in any district in which the use is allowed. The use is allowed in all districts except M-1 and M-2.

(b)

Standards: In circumstances where conflict exists between overlay guidelines and this section or resolution: (i) overlay guidelines will generally supersede general ordinance and/or resolutions; (ii) if the issue is specifically excluded in the Overlay, the ordinance and/or resolution will apply; (iii) if the issue is addressed in both documents, the more restrictive will apply.

(1)

Building height shall be in accordance with the underlying zoning.

(2)

Dwelling units for seniors shall be exempted from any part of this section which restricts density.

(3)

No more than 15 dwelling units per acre shall be allowed in a single-family development. No more than 20 dwelling units per acre shall be allowed in a multi-family development.

(4)

No dwelling unit shall contain more than two bedrooms.

(5)

Multi-family dwelling units shall have a minimum of 600 square feet of gross floor area. Single family dwelling units shall have a minimum of 800 square feet of gross floor area.

(6)

A 50-foot principal building setback shall be provided for attached dwelling units adjacent to single family residential districts and/or the AG district. Accessory structures may be located in the rear and side yards only but shall not be located in a minimum yard.

7.

Parking spaces shall be calculated as 1.4 spaces per dwelling unit.

(8)

No parking shall be allowed in the minimum front yard setback.

(9)

Senior facilities must be served by public water and sewer.

(10)

Landscape strips and buffers shall be provided as specified in the O&I district in the tree protection and landscaping ordinance.

(11)

The property shall be deed restricted to senior housing except as provided for by fair housing laws.

(12)

Facility shall comply with all applicable local, state, and federal regulations and copies of any applicable permits shall be provided to the department of planning and zoning prior to the issuance of a certificate of occupancy.

(13)

Projects are encouraged to incorporate easy living and applicable accessibility standards (as administered and copyrighted by a coalition of state citizens including AARP of Georgia, Atlanta Regional Commission, Concrete Change, Georgia Department of Community Affairs, Governor's Council on Developmental Disabilities, Home Builders Association of Georgia, Shepherd Center and the Statewide Independent Living Council of Georgia).

(14)

Housing shall have at least 80 percent of the occupied dwelling units occupied by at least one person who is 55 years of age or older which shall be verified by the property owner in a manner deemed acceptable pursuant to policies and procedures adopted by the director of planning.

(15)

All units shall be owner-occupied.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable districts: AG, O&I, C-1, C-2.

(b)

Standards:

(1)

A minimum vertical clearance of 16 feet above all streets, and a minimum vertical clearance of 16 feet above the walkway shall be provided.

(2)

Ample space for the free flow of pedestrians with a 12-foot minimum walkway width shall be provided.

(3)

Prior to issuance of a building permit, a bridge agreement shall be filed with the department of planning and zoning as a condition of approval. The department of planning and zoning shall be responsible for the interpretation and application of the conditions set forth above and no building permit shall be issued by the department of planning and zoning except upon written approval of the department of public works.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable districts: All.

(b)

Standards:

(1)

Vehicular access is prohibited from a local street.

(2)

A minimum 200-foot buffer and ten-foot improvement setback shall be provided along all property lines adjacent to residential and AG zoned properties.

(3)

The hours of operation shall be limited to 8:00 a.m. to 11:00 p.m. adjacent to residential and AG zoned properties.

(4)

A 100-foot setback along any public right-of-way is required for all structures and activities.

(5)

The height limit of the zoning district shall apply to all structures unless a use permit to exceed the district minimum height is approved.

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable District: M-2.

(b)

Standards:

(1)

No access shall be allowed from local streets.

(2)

Access streets shall be paved and shall be able to withstand maximum load limits established by the state as approved by the director of public works.

(3)

No portion of a new transfer station shall be located within a three-mile radius of the property lines of an existing transfer station.

(4)

A minimum 200-foot buffer and ten-foot improvement setback shall be required along all property lines except public rights-of-way.

(5)

A minimum 50-foot buffer and ten-foot improvement setback shall be required along all public rights-of-way.

(6)

A minimum six-foot high solid fence or wall shall be located on property lines or interior to the required buffers and improvement setbacks.

(7)

Limit hours of operation from 6:00 a.m. to 6:00 p.m., Monday through Saturday.

(8)

The owner shall provide the director of planning a current copy of all applicable permits from the state upon application for a land disturbance permit.

(9)

No portion of a new or expanded solid waste transfer station shall be located within a one-mile radius of the property lines of a residentially zoned or used property. An expanded solid waste transfer station shall not include any expanded use within the parcel boundaries of an existing site or location.

(10)

Transfer stations shall be sited and operated in accordance with state regulations 3891-3-4.06 Permit by Rule for Collection, Transportation, Processing, and Disposal, O.C.G.A § 12-8-20 Georgia Comprehensive Solid Waste Management Act, Fulton County Solid Waste Management Plan, and Waste Transfer Stations: A Manual for Decision-Making (EPA 530-R-02-002, June 2002).

(Ord. No. 2012-04, § 1(Exh. A), 6-11-2012; Ord. of 10-28-2019(1))

(a)

Allowable districts: O-I, C-1, C-2, DTMU, M-1, M-2, P&O and accessory to institutional uses, such as a place of worship or a school, or for the benefit of charity such as tours of homes, show houses, and the like.

(b)

Standards.

(1)

Mobile food trucks must meet all Fulton County Health Department regulations.

(2)

Mobile food trucks shall not conduct business or operate under this article in the public right-of-way.

(3)

Mobile food trucks shall not conduct business or operate within 20 feet of fire lanes, fire hydrants or fire connections.

(4)

The allowable dimensions of a mobile food truck (including all attachments, except hinged canopies that open to reveal food serving areas) shall be up to 30 feet long, 13 feet tall, and eight feet wide.

(5)

The use permit shall be valid for a period of one-year after issuance and applicable to the approved site only.

(6)

The hours of operation shall be between the hours of 7:00 a.m. to 8:00 p.m., Sunday through Thursday and between the hours of 7:00 a.m. to 10:00 p.m., Friday through Saturday.

(7)

Mobile food trucks shall not operate on any private property without the prior, written consent of the property owner(s). The applicant shall provide a notarized permission statement of the property owner(s) as they appear on the current tax records of the City of Fairburn. If the current ownership has recently changed and does not match the city record, the applicant may provide a copy of the new deed as proof of ownership. A 24-hour contact number of the property owner(s) shall be provided along with permit application.

(8)

All mobile food trucks shall be located a minimum of 200 feet from any eating establishment and 100 feet (as measured from the closest point of the vehicle to the building corner of the restaurant or store) from any retail store that sell food unless both the property owner(s) (as they appear on the current tax records of the City of Fairburn or if the current ownership has recently changed and does not match the record the applicant may provide a copy of the new deed as proof of ownership) and lease holder(s) of said eating establishment/retail store grant written notarized permission for the mobile food truck to be located closer than this minimum setback.

(9)

No mobile food trucks shall be located within 250 feet of a residential structure.

(10)

Tents and tarps are prohibited. All services shall be conducted from the mobile food truck.

(11)

Any activity or structure shall maintain a minimum 20-foot setback from the right-of-way and not be located within a required landscape strip or buffer. Said activity or structure shall also maintain a minimum setback of ten feet from any internal drive or permitted curb cut.

(12)

A minimum of six parking spaces shall be provided adjacent to the vending area for the exclusive use of the mobile food truck and shall not occupy the minimum required parking spaces for any other use on site.

(13)

Mobile food trucks shall be required to park on paved surfaces.

(14)

After hours parking of the mobile food truck shall comply with article IX, Off-street parking, loading, and landscaping requirements, of the Fairburn zoning ordinance.

(15)

Two copies of a scale drawing, no larger in size than 11 inches by 17 inches, with dimensions (distances in feet) of the mobile food truck's location from the site's property lines and other minimum distance requirements as specified by this article shall be submitted to the department of planning and zoning for approval with the use permit application. Said drawing shall also depict north arrow, parking area, table/chair/canopy areas, queuing areas, and trash and recycling receptacles, as applicable, curb-cuts and traffic patterns.

(16)

Mobile food trucks are responsible for the proper disposal of waste and trash associated with the operation. Mobile food trucks shall remove all generated waste and trash from their approved location at the end of each day or as needed to maintain the public health and safety. No liquid waste or grease is to be disposed of in tree pits, storm drains, sanitary sewers, onto the sidewalks, streets or other public or private space. A written waste management plan indicating plans for waste handling, sanitation, litter collection/prevention, recycling, and daily cleanup procedures shall be submitted with the use permit application.

(17)

Mobile food trucks shall not emit sounds, outcry, speaker, amplifier or announcements.

(18)

Mobile food trucks shall maintain and display plainly all current city, Fulton County, State of Georgia, and federal licenses and shall follow all laws of the state and county health departments, or any other applicable laws.

(19)

Mobile food trucks conducting cooking operations shall obtain a fire inspection from the fire marshal or designee prior to operating its business.

(20)

The permit under which a mobile food truck is operating shall be firmly attached and visible on the food truck at all times.

(21)

Any condition of zoning or provision of the Fairburn zoning ordinance that prohibits a mobile food truck use on a property shall supersede this section.

(22)

Mobile food trucks and any accessory items shall not be left unattended or stored for any period of time on the permitted site when vending is not taking place or during restricted hours of operation.

(23)

No item(s) related to the operation of the mobile food truck shall be leaned against or hung from any building or any other structure, including but not limited to, lampposts, parking meters, mailboxes, traffic signal stations, fire hydrants, trees, tree boxes, benches, bus shelters or traffic barriers.

(24)

All items related to the operation of the mobile food truck shall be kept either on or in the mobile food truck. No such items shall be stored or placed upon any public space adjacent to the mobile food truck.

(25)

Mobile food trucks must have an adequate supply of fresh water (through the means of an on-truck freshwater tank) to maintain the operation of the food service in a safe and sanitary manner.

(26)

No equipment, vehicle, display or sales activity shall block access to a public facility such as a telephone booth, mailbox, parking meter, fire hydrant, fire alarm box, traffic control box, driveway or other access point.

(27)

Signs advertising the mobile food truck are prohibited, except for vehicle signs in compliance with the requirements set forth in article XII, Sign regulations, sections 80-426 through 80-438. Flyers, coupons, and paper handouts of any kind are also prohibited.

(28)

No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of a residential use.

(Ord. No. 2013-09, § 1(exh. A), 6-10-2013; Ord. No. 2013-21, § 1(Exh. A), 9-9-2013; Ord. of 10-28-2019(1))

(a)

Location standards: No massage therapy establishment shall be located:

(1)

Within 2,000 feet of interstate highway right-of-way.

(2)

Within any zoning category other than general commercial (C-2), historic downtown commercial district and downtown commercial districts (DTMU) as defined in article II, division 2 of this chapter.

(3)

The measurement of distances for purposes of this section shall be from property line to property line along the shortest possible straight-line distance, regardless of any customary or common route or path of travel, i.e. "as the crow flies." The term "parcel of land" means any quantity of land capable of being described by location and boundary, designated and used or to be used as a unit.

(Ord. No. 2013-35, § 1, 12-9-2013; Ord. No. 2014-14, § 1, 6-9-2014; Ord. of 10-28-2019(1))

(a)

Allowable districts: M-1, M-2.

(b)

Standards:

(1)

The lot upon which the truck stop is located, including all structures and parking spaces, must be a minimum of five acres.

(2)

No such use is allowed within 5,000 feet in any direction from an existing similar use.

(3)

On-site security shall be provided by the owner or operator of the truck stop 24 hours a day, seven days a week.

(4)

No long-term storage of trailers or trucks shall be allowed on the lot.

(5)

No overnight or sleeping facilities shall be provided on the lot.

(Ord. of 10-28-2019(1))

(a)

Allowable districts. All residential and commercial zoning districts.

(b)

Standards.

(1)

Little free libraries are accessory structures for the purpose of storing books for exchange within neighborhoods and for the general public and promoting access to reading materials.

(2)

Little free library structures shall not be located within or overhanging the right-of-way or easement.

(3)

Little free library structures shall not obstruct vehicle, bicycle, or pedestrian traffic, either physically, or by a person utilizing the little free library.

(4)

Little free library structures shall not obstruct access aisles or paths utilized by persons in wheelchairs or for ADA accessibility.

(5)

Little free library structures may be placed as a permitted structure in a required front yard.

(6)

Little free library structures shall be sized and arranged such that no person or child can physically enter.

(7)

Little free libraries shall be anchored to the ground or otherwise securely attached to something having a permanent location on the ground.

(8)

Signage associated with a little free library shall be limited to one unlighted sign no larger than two square feet, attached to the structure.

(9)

Little free libraries shall not exceed eight cubic feet in size.

(Ord. No. 2024-02, § 1(Exh. A), 1-22-2024)

(a)

[Definition.] [A] data center shall be defined as any building, structure, complex or group of buildings and/or structures, facility, or dedicated space within a building, structure, complex, or facility that houses information technology related infrastructure, including, but not limited to, computer systems, networks, servers, applications, appliances, services, and other associated components or facilities used for the remote storage, processing, or transmission of digital data associated with those computer systems, networks, servers, applications, appliances, services, and other associated components or facilities. Associated components and facilities may also include air handlers, water cooling towers, generators, fuel storage cells, storage facilities, utility substations, and any other associated utility infrastructure to support operations.

(b)

[Allowable districts.] Data centers may only be considered in the light and heavy industrial zoning districts with a use permit. The application for the installation or construction a data center, or for modifications to a lawfully existing data center beyond routine maintenance, shall follow the application procedures for use permits and any other procedures as may be required by this section for data centers, such as zoning map amendments, platting, or variances. In addition, the applicant shall provide the following:

(1)

Applicant name(s) and contact information. The applicant must also identify on the application, if different than the applicant, the owner of record of the property.

(2)

A narrative describing the proposed project, including a description of how the project meets market demand, the estimated facility's processing capacity, and the facility's anticipated water and electricity needs.

(3)

A study prepared by an acoustical engineer that describes the anticipated noise level of the facility and any proposed mitigation efforts such as sound walls, baffles, ventilation silencers, etc.

(4)

A site plan, drawn to scale, showing the location and dimensions of all existing and proposed structures, screening, fencing, lighting, electrical connections, property lines, and roadway access.

(5)

Four-sided elevations showing the building height, color and materials shall be provided.

(6)

Boundary survey (sealed by a registered land surveyor).

(7)

Letter of capability or commitment to serve water, sewer, and power.

(8)

A map of the project area showing all single-family and multi-family dwellings, schools, places of worship or assembly, parks, and any other recreational amenities located within five miles of the exterior boundaries of the property where the data center will be located.

(9)

At least one neighborhood meeting must be held to discuss proposed sound mitigation aspects of the project design prior to the first planning and zoning commission meeting. The neighborhood meeting must comply with standards and procedures outlined in section 80-474 and section 80-475.

(10)

Before the first neighborhood meeting, a third-party acoustic engineer must conduct a sound study to measure noise level at any property line shared with residentially zoned or planned land, or shared with other "noise sensitive use," as determined by the city staff.

(c)

Development standards. A data center use shall be subject to the following:

(1)

Building height. All buildings, structures, and appurtenances on the property where the data center will be located shall be limited to 60 feet, unless approved by the fire marshal. The allowable height shall be measured as the vertical distance from the finished grade to the highest point of the structure.

(2)

Lights. Exterior lighting shall be designed and constructed with fully shielded fixtures that direct light downward and into the interior of the property and away from adjacent roads and adjacent properties.

(3)

Parking. Data centers must provide one space per 7,500 square feet of gross floor area.

(4)

Building facades. Principal building facades that face adjacent public roads shall meet the following standards:

a.

If located outside of the Highway 74 overlay district, 75 percent of each elevation facing a public roadway shall be brick, stone or accent material.

b.

Principal facade requirements apply to all the front elevations of all building facades:

1.

Vary and articulate facades to avoid large monotonous walls. Walls that exceed a length of 250 feet shall be articulated through changes in the plane of the facade, installation of windows, recessed panels, trellis features, landscaping, wall articulation, arcades, or other features.

2.

City officials may consider the use of other textures, color, murals, building material changes, or other treatments.

3.

When a building has more than one principal facade, such principal building facades shall be consistent in terms of design, materials, details, and treatment.

c.

All equipment necessary for cooling, ventilating, or otherwise operating the facility must be contained within an enclosed building or be encompassed on three sides by an opaque barrier wall constructed of durable, non-weathering materials. This includes emergency power generators and other emergency power supply equipment. Barrier walls shall originate no higher than 18 inches above finished grade and shall extend at least 12 inches in height above the tallest mechanical equipment intended to be screened where the use is located. The barrier wall must be continuous and solid with no gaps, holes, or openings outside of the access gate or area. The access gate or area must not be visible from any public street or any common or open area. If [a] barrier wall is constructed of masonry materials, it must be painted a similar color to the principal structure.

d.

Any other equipment located in a manner found to have no adverse impact on adjacent roads and adjacent property, as determined by the city staff, shall not be required to be screened.

(5)

[A] 40-foot heavy planted landscape buffer shall be required along public roadways. Use of natural topography and preservation of existing vegetation, supplemented by new vegetation, if needed, may be substituted for the above requirements when found by [the] director to provide screening at the appropriate density, depth and height. The landscape shall be maintained for the life of the project.

(6)

Separation from sensitive properties.

a.

No data center building or appurtenance shall be located within 100 feet of a collector or local roadway. The mayor and city council may consider sites which intersect with an arterial or higher classification roadway.

b.

Site line studies shall be provided to confirm screening of equipment from adjacent roads and properties.

c.

Noise testing shall be required prior to issuance of a certificate of occupancy to ensure compliance with the noise ordinance. The data center must be designed and built with noise mitigation such that noise levels at the property line during operation do not exceed those of the baseline study completed prior to construction of the first building. The data center operator must submit an annual third-party noise study to the city every year for the first seven years of operation. This study must demonstrate no increase in property line noise levels out of compliance with the city ordinance.

d.

Use and testing of backup generators (outside emergency use during outages) is limited to 9:00 a.m. to 5:00 p.m., and prior notification must be provided to the city and posted on a public website announcing the time the generators will be in operation. Notice is required at least 48 hours prior to use or testing.

(Ord. No. 2024-08, § 1(Exh. A), 3-25-2024)