All structures, land uses, land use changes, structural alterations, structural relocations, structural additions, and structural enlargements that are constructed, created, established, or otherwise occur after the effective date of this Code shall be subject to all development standards and regulations for the applicable zoning district.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

No structure, parking area, or other site feature regulated by this Code shall be enlarged, altered, or expanded unless the minimum improvements required by this article are provided to the property to the extent of its alteration or expansion. In the case of a substantial expansion, the portion of the site affected must meet the requirements of this article.

An alteration or expansion to an existing property is substantial when the area or square footage of the expanded or altered land (including property used for building space, parking, or storage) or structure, respectively, exceeds twenty-five (25) percent of the area or square footage of the existing land or structure, exclusive of the alteration or expansion.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

(a)

Legal nonconforming lots. All existing lots in conflict with the lot/yard regulations at the effective date of this Code shall be considered legal nonconforming lots.

(b)

General requirements. Except as provided in this Code, no building or structure shall be erected, altered, enlarged, or reconstructed unless such alteration, enlargement, or reconstruction conforms with the lot/yard regulations of the district in which it is located, as follows:

(1)

Front yard setbacks. The minimum front yard setbacks shall be as noted for each zoning district found in article B of this chapter.

(2)

Side yard setbacks. The minimum side yard setbacks shall be as noted for each zoning district found in article B of this chapter.

(3)

Rear yard setbacks. The minimum rear yard setbacks shall be as noted for each zoning district found in article B of this chapter.

(4)

Lot areas. The minimum and maximum lot areas shall be as for each zoning district found in article B of this chapter.

(5)

Lot width. The minimum lot width shall be as noted for each zoning district found in article B of this chapter.

(6)

Lot frontage. The minimum lot frontage shall be as noted for each zoning district found in article B of this chapter.

(7)

Lot depth. The maximum lot depth shall be as noted for each zoning district found in article B of this chapter.

(8)

Lot coverage. The maximum lot coverage shall be as noted for each zoning district found in article B of this chapter.

(9)

Living and ground floor areas. The minimum dwelling unit and ground floor living areas shall be as noted for each zoning district found in article B of this chapter.

(10)

Primary structures. The maximum number of residential and/or primary structures per lot shall be as noted for each zoning district found in article B of this chapter.

(c)

Commonly owned lots. Notwithstanding the foregoing, the setbacks referenced in subsections (b)(1), (2) and (3) above may be disregarded when a structure is intended to be built on contiguous individual parcels or lots which are under common ownership, provided that the disregarded setbacks shall only occur along the actual line(s) of common ownership.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021; Ord. No. 23-24, § 1, 12-4-2023)

(a)

The maximum height permitted shall be as noted in the two-page layout for each zoning district found in article B of this chapter.

(b)

No structure may be erected or changed so as to make its height greater than specified in the applicable zoning district, except as noted below. Exceptions to the height standards include:

(1)

The following structures may exceed the permitted height if approved by the FAA:

a.

Church steeples,

b.

Water towers, and

c.

Utility transmission towers.

2.

The following structures require FAA approval and may exceed the permitted height standards by up to fifteen (15) feet, but shall be completely shielded from view by design features of the building:

a.

Necessary mechanical appurtenances, and

b.

Elevator bulkheads.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

All accessory uses and structures shall be permitted only in association with, and on the same lot as the primary use or structure.

(1)

No accessory structures shall be placed in any required setbacks and shall otherwise comply with all development standards for the zoning district in which they are located.

(2)

All accessory uses and structures shall be permitted only in association with, and on the same lot as the primary use or structure. Accessory uses and structures shall not be permitted to be located, placed, or established on any lot prior to the establishment of a primary use or structure unless otherwise permitted by this Code.

(3)

Accessory structures are not deemed to include swing sets, mailboxes, lamp posts, doghouses, tree houses, and other such incidentals except as otherwise stated in this Code.

(4)

The following accessory structures are permitted, subject to all applicable requirements of this Code:

a.

Attached and detached decks and patios,

b.

Gazebos,

c.

Mini-barns, sheds, and other storage buildings,

d.

Dumpsters, and

e.

Similar structures related to the primary use.

(5)

Accessory uses and structures shall be consistent with the following requirements:

a.

No more than three (3) accessory structures may be placed on any one (1) lot; and

b.

The combined size of accessory structures on any one (1) lot may not exceed an amount equal to fifty (50) percent of the finished floor area of the primary structure on that lot.

(6)

Accessory structures shall comply with the following location requirements:

a.

No accessory structures shall encroach on any platted easement without written consent of the agency the easement belongs to or is managed by.

b.

No accessory structures shall be placed in any operable septic fields.

c.

A minimum separation of ten (10) feet shall be provided between an accessory structure and any primary structure or other accessory structure.

d.

All accessory structures shall be placed a minimum of ten (10) feet from the side and rear property lines, unless otherwise restricted by ordinance.

(7)

All accessory structures, with the exception of gazebos and decks, shall only be located to the rear of the primary structure except in the case of corner or through lots; in which case, the structures may be placed to the side of the primary structure.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

Temporary buildings that are used in conjunction with construction work may only be permitted in any district during the period that the construction work is in progress, but such temporary buildings shall be removed upon completion of the construction work.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

Home occupations are those which meet the following standards; representing requirements which permit minimal business practices in certain residential zoning districts while maintaining residential character. The home occupation must not involve retail sales or manufacturing and shall be limited to small home-office operations.

(1)

Location. Home occupation shall be conducted only within the principal residential structure, including garage area, and only if garage door remains closed.

a.

No home occupation permit/license shall be issued for a hotel, motel, intown suite, extended stay facility or any similar type facility.

(2)

Use of premises. An area equal to not more than twenty-five (25) percent of the full area of the principal structure and garage area may be utilized for home occupational purposes.

(3)

Group instruction/assembly. No home occupation shall be permitted wherein group instruction or group assembly or activity is involved. To that end, no dance instruction, exercise classes or similar activities.

(4)

Employees. Only members of a family residing on the premises may be employed on the premises in pursuit of the business, trade, or occupation or profession.

(5)

Commodity. No commodity shall be sold on the premises.

(6)

Outdoor storage. No outdoor storage of any items related to the business, trade, profession, or occupation shall be allowed in connection with any home occupation.

(7)

Maintenance of residential character. No alteration of the residential character of the premises may be made, and the home occupation shall not be allowed to create a nuisance or to create any undue disturbance.

(8)

Signs. No signs relating to the home occupation shall be allowed on the premises.

(9)

Noise. No business, trade, profession, or occupation shall qualify as a home occupation if the pursuit of such generates noise which is audible beyond the property lines of the property upon which the premises is located.

(10)

Vehicles.

a.

No business, trade, profession, or occupation which generates vehicular trips or nonresidents to the premises exceeding ten (10) per day shall qualify as a home occupation. No business delivery may be made to the premises holding the home occupation license by any semi-tractor trailer.

b.

For purposes of this paragraph, the term "common carrier" shall include any delivery vehicle having more than two (2) axles.

(11)

Vehicle advertising. No vehicles which display advertising relating to an occupation, business, trade, or profession carried on the premises of a home occupation may be utilized in such a manner so as to avoid the restriction on signs contained above.

(12)

Vehicle limitations. No more than one (1) passenger vehicle displaying advertising relating to the business, trade, profession, or occupation carried on the premises may be parked on or about the premises at any one (1) time. Off street parking must be provided on paved surfaces.

(13)

Storage or parking of equipment. Except as allowed by item (12) above, no business, trade, occupation, or profession otherwise qualifying as a home occupation shall be permitted to park or store any vehicular or motorized equipment, including, but not limited to, trucks, vans, tractors, earth moving equipment, construction vehicles, trailers, or like items used in conducting of such business on the premises.

(14)

Chemicals. No business, trade, occupation, or profession which would otherwise qualify as home occupation may store any chemical not normally used for common household purposes on the premises.

(15)

Inspections. As a condition for the granting of the home occupation license, the licensee agrees the city shall conduct an inspection during normal business hours for the purpose of determining whether the provisions of this Code section are being complied with.

(16)

Occasional use. The occasional use of portions of the premises for the receipt of telephone calls, of consultation with clients, or the maintenance of a home office by an employee or owner of a business which maintains an active office location in a properly zoned area shall not require a home occupation permit, provided that all the other limitations of this section shall control.

(17)

Produce. Nothing contained within this chapter shall prohibit the occasional sales of seasonal produce grown entirely upon the premises from a home garden.

(18)

Interference. No equipment or processes shall be used in such home occupation, which creates noise, vibration, glare, fumes, odors, or electrical interference, outside the dwelling unit. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any television or radio receivers off the premises or causes fluctuations in line voltage off the premises.

(19)

The following are permitted home occupations provided they do not violate any of the provisions of this section or any other section within this article:

a.

Dressmaking, sewing and tailoring.

b.

Painting, sculpturing, writing and other fine arts.

c.

Telephone answering and marketing.

d.

Home crafts, such as model making, rug weaving, and lapidary work.

e.

Instruction or teaching, such as academic, tutoring, performing arts, or fine arts limited to one (1) student at any given time.

f.

Computer application and internet sales, not including the sale of computers.

g.

Office uses for consulting professionals, such as attorneys, realtors, insurance agents, engineers, architects, and other consultants, accountants, brokers, etc.

h.

Administrative or clerical support services, such as transcription, court reporters, stenographers, notary public, or addressing services.

i.

Repair of clocks, instruments or other small appliances which do not create a nuisance due to noise, vibration, glare, fumes, odors or result in electrical interference.

j.

Janitorial and cleaning services.

k.

Consultants and representatives for the sales industry, having no product displays onsite.

(20)

Due to incompatibility with the residential character and qualities of residential zoning districts, no license shall be issued for a home occupation in any of the following trades or businesses:

a.

Automotive repair.

b.

Auto sales.

c.

Firearms and firearms' supplies dealers/sales/service (including gunsmithing).

d.

Group assembly or instruction involving more than four (4) persons.

e.

Dancing or band instrument instruction in groups.

f

Mobile oil change.

g.

Pest control services.

h.

Septic tank operation or repair.

i.

Taxicab/limousine services.

j.

Transporting autos for dealerships.

k.

Wrecker/towing service.

l.

Florists, flower shops, or greenhouses.

m.

Tearooms and restaurants.

n.

Fish hatcheries, worm farms or bait houses.

o.

Kennels and animal hospitals.

p.

Maintenance or similar operations.

q.

Retail or wholesale shops.

r.

Boarding houses, rooming houses, or other motel type establishments.

s.

Activities that involve the use of chemicals, machinery or matter of energy that may create or cause to be created, noise, noxious odors or hazards that will endanger the health, safety, or welfare of the community.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021; Ord. No. 22-07, § 3, 5-2-2022)

8-8-78.1

Family day care home standards. Each family day care home shall be subject to the following requirements, when located within a residential zoning district or residential dwelling:

(1)

All regulated facilities shall comply with the state regulation and acquire applicable state licenses for operation.

(2)

All facilities shall comply with the adopted building code for the State of Georgia.

(3)

Each family day care home shall provide not less than thirty-five (35) square feet of indoor play area for each child, based on maximum permissible enrollment.

(4)

Each family day care home shall provide not less than two hundred (200) square feet of outdoor play area for each child, based on maximum permissible enrollment.

(5)

All required outdoor play/recreation areas shall be enclosed by a fence or wall not less than four (4) feet in height.

(6)

The exterior appearance of any residential structure for which a family day care home is approved, shall be maintained as a residential structure and no signs shall be erected or displayed upon the premises.

(7)

No family day care home shall be located within one thousand five hundred (1,500) feet of another day care facility.

(8)

All facilities must apply for and receive a city business license.

8-8-78.2

Group day care home standards. Each group day care home shall be subject to the following requirements, when located within a residential zoning district or residential dwelling:

(1)

All regulated facilities shall comply with the State regulation and acquire applicable state licenses for operation.

(2)

All facilities shall comply with the adopted building code for the State of Georgia.

(3)

Each child day care facility shall provide not less than thirty-five (35) square feet of indoor play area for each child, based on maximum permissible enrollment.

(4)

Each child day care facility shall provide not less than two hundred (200) square feet of outdoor play area for each child, based on maximum permissible enrollment.

(5)

All required outdoor play/recreation areas shall be enclosed by a fence or wall not less than four (4) feet in height.

(6)

The exterior appearance of any residential structure for which a group day care facility is approved, shall be maintained as a residential structure.

(7)

No day care facility shall be located within one thousand five hundred (1,500) feet of another day care facility.

(8)

All facilities must apply for and receive a city business license.

8-8-78.3

Day care center standards. Each day care center shall be subject to the following requirements when located within a commercial building or commercial zoning district:

(1)

All regulated facilities shall comply with the state regulation and acquire applicable state licenses for operation.

(2)

Each child day care facility shall provide not less than thirty-five (35) square feet of indoor play area for each child, based on maximum permissible enrollment.

(3)

Each child day care facility shall provide not less than two hundred (200) square feet of outdoor play area for each child, based on maximum permissible enrollment.

(4)

All facilities must apply for and receive a city business license.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

8-8-79.1

Personal care home, group home, and boarding home having three (3) or less persons. Each personal care home, boarding home, and group home having three (3) or less persons shall be subject to the following requirements:

(1)

All regulated facilities shall comply with the state regulation and acquire applicable state licenses for operation.

(2)

The exterior appearance of any residential structure for which a personal care home, boarding home, or group home is approved, shall be maintained as a residential structure and no signs shall be erected.

(3)

Meet all regulations as identified in the adopted building code and adopted fire code.

(4)

Meet all parking standards as identified within this Code.

(5)

All facilities must apply for and receive a city business license.

8-8-79.2

Personal care home, group home, and boarding home having four (4) or more persons. Each personal care home, boarding home, and group home having four (4) or more persons shall be subject to permitted subject to approval of a conditional use permit by the city council and the following requirements:

(1)

All regulated facilities shall comply with the state regulation and acquire applicable state licenses for operation.

(2)

The exterior appearance of any residential structure for which a personal care home, boarding home, or group home is approved, shall be maintained as a residential structure and no signs shall be erected.

(3)

Meet all regulations as identified in the adopted building code and adopted fire code.

(4)

Meet all parking standards as identified within this Code.

(5)

All facilities must apply for and receive a city business license.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

Homeless shelters may be permitted subject to a conditional use permit being approved by the city council and the following conditions:

(1)

The homeless shelter is not located within three thousand (3,000) feet of another homeless shelter.

(2)

Meet all regulations as identified in the adopted building code and adopted fire code.

(3)

All facilities must apply for and receive a city business license.

(4)

At least one (1) functional toilet, lavatory, and bathing or showering facility is provided for each eight (8) beds within the shelter.

(5)

Separate and adequate clean laundry storage and separate and adequate soiled laundry storage rooms are provided appropriate to the linen needs of the shelter. Clean and sanitary linens shall be provided to persons staying in the shelter, and no common use of towels or linens shall be permitted.

(6)

The facility maintains adequate trash service to prevent the accumulation of waste on the premises.

(7)

No more than forty (40) beds are maintained within the shelter.

(8)

No persons are allowed within the shelter until 6:00 p.m., and all persons shall vacate the shelter by 7:00 a.m. the next day.

(9)

No alcoholic beverages or controlled substances are stored, served, sold, consumed, or in the possession of any person in the shelter.

(10)

An operable telephone is maintained and readily available in the shelter; provided further that the city shall be immediately contacted in the event that a physical altercation or other violation of state or federal law or local ordinance occurs on the premises.

(11)

The homeless shelter provides on-site parking and/or drop-off space adequate to meet the needs of the proposed facility; provided, however, that any modifications to the existing parking or drop-off area will not increase the overall square footage of the existing area.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

(a)

The purpose of a farm stand is to allow gardeners and farmers, who are actively growing produce, to provide a source of affordable local produce to increase the health and well-being of the community and provide a low-cost entrance into direct marketing their farm products. Such an operation is seasonal in nature and features on-farm produced as well as locally produced agricultural products. Permitted activities include: the marketing of agricultural products.

(b)

The following regulations shall apply to farm stands:

(1)

No farm stand may be located on any property that does not have a currently functioning garden or farmland.

(2)

There shall be no sales of any items whatsoever other than on farm produced and locally produced agricultural products.

(3)

Food franchises are prohibited.

(4)

There shall be at least two (2) parking spaces for each two hundred (200) square feet of selling and display area.

(5)

All signage must comply with the city sign ordinance.

(6)

The obstruction of any sidewalks is prohibited.

(7)

Each farm stand shall maintain complete records indicating where all locally produced agricultural products are obtained for a period of one (1) year and make such records available to the city upon request.

(c)

Subject to all conditions of any underlying zoning district, any conditional use permit granted by the city council shall set forth the days and times during which such farm stand may be in operation.

(d)

To avoid over-concentration, no farm stand shall be established on a lot or lots within five thousand two hundred eighty (5,280) feet of another lot or lots containing an existing farm stand. The required separation distance must be measured in a straight line from the nearest point on the lot line of the property proposed for a farm stand to the nearest point on a lot line of the other property occupied by an existing farm stand.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

8-8-82.1

Keeping of chickens, ducks, and rabbits. The keeping of chickens, ducks, rabbits, and similar farm animals, and cages, coops, and enclosures for the keeping of such animals, shall be governed by the following regulations. In residential districts, the following regulations shall apply:

(1)

Number. No more than one (1) such animal shall be kept on a parcel of land for each eight hundred (800) square feet of parcel or lot area. For a standard residential lot of four thousand eight hundred (4,800) square feet, this regulation would permit no more than a total of six (6) such animals.

(2)

Setbacks. The coops or cages housing such animals may not be located in front yard or side street yard areas and shall not be located within five hundred (500) feet of any building.

(3)

Prohibitions. No roosters, geese, or turkeys may be kept in a residential district.

(4)

Coops and cages. All animals shall be provided with a covered, predator-proof coop or cage or other shelter that is thoroughly ventilated, designed to be easily accessed and cleaned, and of sufficient size to permit free movement of the animals exclusive of areas used for storage of materials or vehicles. The total area of all coops or cages on a lot shall not be greater than thirty-two (32) square feet for up to six (6) animals. Coops and cages, singly or in combination, shall not exceed fifteen (15) feet in height.

(5)

Enclosures and fences. Chickens and other birds shall have access to an outdoor enclosure adequately fenced or otherwise bounded to contain the birds on the property and to prevent access by dogs and other predators and providing at least ten (10) square feet of area for each bird.

8-8-82.2

Keeping of bees. The keeping of bees and associated beehives shall be governed by the following regulations. In Residential Districts, the following regulations shall apply:

(1)

Number. No more than one (1) beehive shall be kept for each two thousand four hundred (2,400) square feet of lot area, and no beehive shall be kept on a lot less than two thousand four hundred (2,400) square feet in area.

(2)

Location and setbacks. No beehive shall be kept closer than twenty (20) feet to any lot line and ten (10) feet to a dwelling or the permitted placement of a dwelling on another parcel, and no beehive shall be kept in a required front yard or side street yard. The front of any beehive shall face away from the property line of the residential property closest to the beehive.

(3)

Fences and shrubs. A solid fence or dense hedge, known as a "flyway barrier," at least six (6) feet in height shall be placed along the side of the beehive that contains the entrance to the hive, shall be located within five (5) feet of the hive, and shall extend at least two (2) feet on either side of the hive. No such flyway barrier shall be required if all beehives are located at least twenty-five (25) feet from all property lines and for beehives that are located on porches or balconies at least ten (10) feet above grade, except if such porch or balcony is located less than five (5) feet from a property line.

(4)

Water supply. A supply of fresh water shall be maintained in a location readily accessible to all bee colonies on the site throughout the day to prevent bees from congregating at neighboring swimming pools or other sources of water on nearby properties.

(5)

Prohibitions. No africanized bees may be kept on a property under the regulations of this section.

(6)

Building permits. A building permit shall be required for installation of a fence or for construction of a stable or other structure routinely requiring such permit, except that no building permit shall be required for cages, coops, or beehives that are not permanently attached to the ground or to another structure and do not exceed thirty-two (32) square feet in area nor eight (8) feet in height. No building permit shall be required for the barrier constituting a required enclosure if such barrier is not permanently attached to the ground and does not exceed three (3) feet in height; no permit shall be required for a "flyway barrier" not exceeding six (6) feet in height.

(7)

Enforcement. The director or his/her designee shall have the authority to inspect any property to determine compliance with the regulations of this section regarding the construction and permitted placement of enclosures, fences, cages, coops, beehives, stables, and other structures used in the keeping of farm animals or bees and shall have the authority to enforce the regulations of this section as they apply to such matters.

(8)

Variances. The planning commission may vary the regulations of this section as they apply to a particular property if it determines that such variance will be consistent with the stated purpose of this section.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

8-8-83.1

Minor automobile repair standards. Minor automotive repair businesses such as oil change facilities, muffler shops, shock absorber replacement, tire stores, minor engine repair, subject to the following conditions:

(1)

All repair work shall be conducted completely within an enclosed building.

(2)

Vehicles shall not be allowed to be stored outside for more than forty-eight (48) hours unless awaiting repair for which a work order, signed by the vehicle owner, is posted in the vehicle so as to be visible from outside the vehicle. Vehicles with valid work orders may be stored in the rear yard for up to fourteen (14) days.

(3)

Outdoor storage must be screened by a minimum of a six (6) feet tall obscuring fence.

(4)

The applicant shall submit a pollution incidence protection plan (PIPP). The PIPP shall describe measures to prevent air, soil, and groundwater contamination caused by spills, discharges, or leakage, such as but not limited to special check valves, drain back catch basins, and automatic shut off valves. The site and business operation shall be maintained in accordance with the PIPP and all applicable local, state, and federal environmental protection laws, ordinances, and regulations.

8-8-83.2

Automobile wash standards. Automobile car wash, automatic or self-service, subject to the following:

(1)

All washing facilities shall be within a completely enclosed building.

(2)

Vacuuming and drying may be located outside the building but shall not be located in the required front yard and shall be set back at least fifty (50) feet from any residential district or existing residential use.

(3)

All cars required to wait for access to the facilities shall be provided stacking spaces fully off the street right-of-way that does not conflict with vehicle maneuvering areas to access vacuums and required parking spaces.

(4)

All signs located throughout the site such as those that label the vacuum stations shall count toward to the total sign area permitted for the site.

8-8-83.3

Major automobile standards. Major auto repair, including, but not limited to, engine and transmission repair and replacement, body repair, and undercoating shops, subject to the following:

(1)

All repair work shall be conducted completely within an enclosed building.

(2)

Vehicles shall not be allowed to be stored outside for more than forty-eight (48) hours unless awaiting repair for which a work order, signed by the vehicle owner, is posted in the vehicle so as to be visible from outside the vehicle. Vehicles with valid work orders may be stored in the rear yard for up to fourteen (14) days.

(3)

The applicant shall submit a pollution incidence protection plan (PIPP). The PIPP shall describe measures to prevent air, soil, and groundwater contamination caused by spills, discharges, or leakage, such as but not limited to special check valves, drain back catch basins, and automatic shut off valves. The site and business operation shall be maintained in accordance with the PIPP and all applicable local, state, and federal environmental protection laws, ordinances, and regulations.

(4)

In the event that an automotive repair business has been abandoned or terminated for a period of more than one (1) year, a new conditional use approval shall be required before the site can be re-occupied for this use.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

(a)

Purpose. The regulations of this chapter are established to regulate the number and location of certain businesses for the purpose of protecting neighborhoods from negative secondary effects created by the concentration or clustering of such businesses. Furthermore, the regulations are established to guard against market saturation which may lead to increased rates to consumers as an offset for lower business volume.

(b)

Numerical limitations on certain businesses. This Code section shall apply to the following types of businesses:

(1)

Tire shops;

(2)

Vapor shops and smoke shops;

(3)

Thrift stores and consignment shops;

(4)

Appliances shops; and

(5)

Small box discount stores as defined in section 8-8-84(i).

(c)

The city shall issue a maximum of three (3) permits for each of the types of businesses set forth in part (b) above. No additional permits shall be issued unless the population of the City of Forest Park reaches thirty thousand (30,000) residents, at which time one (1) additional license may be permitted for each five thousand (5,000) residents of the city over the thirty thousand (30,000) initial thresholds. No application for a permit to do business as one (1) of the types of businesses set forth in part (b) above shall be considered or approved or a permit issued where the total number of permits for that type of business issued and in effect at the time of such application numbers less than one (1) for each five thousand (5,000) residents according to the latest officially and finally published annual population estimates by the U.S. Census Bureau. In making this computation, fractions of each five thousand (5,000) residents shall not be considered. For purposes of this section, non-conforming (grandfathered) business shops shall be included for purposes of calculating the number of outstanding permits.

(d)

Whenever it shall be recognized by the director or his/her designee that the release of population projections by the U.S. Census Bureau results in the availability of one (1) or more additional permits, and it is determined by the city manager that one (1) or more additional permits are available, the city shall publish a notice, one (1) time, advising the public of such, and that applications will be received for a period of forty-five (45) days subsequent to the publication.

(e)

If during this period, applications are received which exceed the number of newly available permits, there shall be held a lottery, administered by the city manager, to determine the order in which applications shall be processed. Thereafter, the applications shall be processed in the order reflected in the results of the lottery. Once the proceeding of applications has resulted in the issuance of permits up to the limit contained in this chapter, the remaining applications shall be returned to the applicants, unprocessed.

(f)

If no applications are received during the forty-five (45) day period after publication, applications shall thereafter be processed in the order in which they may thereafter be received.

(g)

Spacing. This Code section shall apply to the following types of businesses:

(1)

Hair salons and barbershops;

(2)

Nail salons;

(3)

Tire shops;

(4)

Pawn, title lending and cash for title shops;

(5)

Vapor shops and smoke shops;

(6)

Thrift stores and consignment shops;

(7)

Auto and truck repair shops (except that the spacing limitations shall not apply to such shops within the light industrial or heavy industrial zoning districts);

(8)

Appliances shops;

(9)

Tattoo shops;

(10)

Ambulance services;

(11)

Taxicab services;

(12)

Limousine services;

(13)

Taxicab and limousine dispatch; and

(14)

Small box discount stores as defined in subsection (i) below.

(h)

To avoid over-concentration, no location for any business listed in part (g) above shall be established on a lot or lots within five thousand two hundred eighty (5,280) feet of another lot or lots containing an existing such business. The required separation distance must be measured in a straight line from the nearest point on the lot line of the property occupied by such business to the nearest point on a lot line of the other property occupied by such business.

(i)

For purposes of this chapter, a "small box discount store" is a retail store:

(1)

With floor area less than twelve thousand (12,000) square feet;

(2)

That primarily offers for sale a combination and variety of convenience shopping goods and consumer shopping goods; and

(3)

Continuously offers and advertises a majority of the items in their inventory for sale at a price less than ten dollars ($10.00) per item. "Small box discount store" shall not include the following:

a.

Drug stores or a convenience stores attached to or collocated with gas stations; and

b.

Existing flea markets where there is operated a center for shopping among collected vendors selling merchandise to the public from marketing booths, stalls, tables, benches, and similar displays in marketing configurations and arrangements for the sale of new and used merchandise.

(j)

The distance limitation set forth in subsection (h) above shall not apply to any business proposing to operate within an existing flea market as defined in subsection (i)(2)b. above.

(k)

Additionally, the distance limitation set forth in subsection (h) above shall not apply to any business proposing to operate within indoor shopping centers, malls, and flea markets. This exemption exclusively applies to those businesses proposing to operate within indoor shopping centers, malls, and flea markets. This exemption shall not apply to businesses proposing to operate on the exterior of these indoor shopping centers, malls, and flea markets, nor shall it apply to detached storefronts and buildings located on the same property.

(l)

Application and permit decisions shall be valid and conclusive for six (6) months from the decision date. During this period, applicants shall be prohibited from submitting duplicate applications and/or permit requests to the planning and community development director.

(m)

Exemption regarding acquisition of existing businesses. The provisions of this section shall not apply to the acquisition of an existing business so long as all other aspects pertaining to the operation and location of the business remain the same.

(n)

Ambulance services, limousine services, and taxicab services shall have no more than three (3) business vehicles on the premises of the business during hours of operation. Vehicles should be parked behind or on the side of the business facility when vehicles are not in use.

(o)

Taxicab and limousine dispatch with vehicle storage is only allowed in light industrial districts, and vehicles should be parked in an orderly manner in secured, fenced area.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021; Ord. No. TA-24-03, § 3, 5-20-2024; Ord. No. 23-25, §§ 4, 5 12-4-2023)

(a)

A blood plasma collection facility must not be located within one-mile radius of another blood plasma collection facility.

(b)

Shall be located at least three hundred (300) linear feet away from any single-family residential use; elementary, middle, or high school facility; church or other house of worship facility.

(c)

The hours of operation for blood plasma facilities shall be between 8:00 a.m. and 8:00 p.m. only.

(d)

Facilities must include a waiting and departure area of at least five hundred (500) square feet in area to accommodate all customers.

(e)

No person shall be permitted to stand in line outside or otherwise loiter around blood plasma facilities.

(f)

Shall only be located on major roads or highways throughout the City of Forest Park.

(g)

The minimum floor area for the facility is ten thousand (10,000) square feet.

(h)

Separate restroom facilities for customers and staff must be provided.

(i)

Facilities must develop and follow a management plan for handling litter, security, and loitering. A copy of said plan must be provided to the city.

(j)

Cash transactions between the facility and customers are prohibited.

(Ord. No. 23-02, § 5, 5-1-2023)

(a)

As used in the zoning ordinance of the City of Forest Park, Georgia, a place of assembly is a structure, portion of a structure or area (either indoor or outdoor), designed primarily for people to gather to observe or participate in a single event or series of events. Places of assembly primarily consist of:

(1)

Places of religious worship;

(2)

Conference centers;

(3)

Funeral homes;

(4)

Auditoriums;

(5)

Stadiums and coliseums;

(6)

Movie theaters;

(7)

Concert halls;

(8)

Dance halls;

(9)

Movie, television and radio studios admitting an audience;

(10)

Private commercial/vocational schools (including martial arts or dance studios, and technical or vocational training); and

(11)

Clubs and/or lodges.

The following uses are not considered places of assembly for purposes of the zoning ordinance of the City of Forest Park, Georgia:

(1)

Public libraries;

(2)

Hospitals, clinics and/or medical offices;

(3)

Nursing homes;

(4)

Flea markets;

(5)

Transit stations;

(6)

Restaurants;

(7)

Recreational facilities without spectator seating.

(b)

In the event any place of assembly shall be designed to serve more than one hundred (100) persons at any given time, the parcel shall:

(1)

Be located on a lot fronting a major thoroughfare; and

(2)

Be located on a tract of land not less than two (2) acres in area and having a street frontage of not less than one hundred (100) feet. In the case of parcels of land containing multiple tenants, the total land area shall be prorated among the tenant spaces based on square footage of each tenant space. In such cases, the prorated area for the place of assembly shall be not less than two (2) acres in area.

(c)

Places of religious worship and conference centers shall be located a minimum of five hundred (500) feet away from another place of religious worship or conference center. The distance shall be determined by measuring a radius from the closest improved part of the property (excluding stormwater treatment facilities and landscape buffers) supporting the place of religious worship or conference center to the nearest parcel boundary of land on which occurs another place of religious worship or conference center is located.

(d)

The establishment of sites and tents for temporary uses at a place of assembly, requires the granting of a special event permit from the planning and community development department. Such sites may not be used for a purpose covered by this section for a cumulative period of more than fourteen (14) days during any calendar year.

(e)

Nothing in this section shall be deemed to amend or otherwise alter any life safety code or any other provision of Code of Ordinances, City of Forest Park, Georgia unless expressly provided for herein.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

Exterior storage yards (but not including the parking of vehicles for sale or lease) shall not be permitted in any district except the LI, HI, and PI districts. In the LI, HI, and PI districts these storage yards shall be enclosed by a privacy fence not less than eight (8) feet in height to provide visual screening.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

The manufacture of explosives, consumer fireworks, and fireworks is prohibited in all districts.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

(a)

General requirements. Developments are permitted only if the public streets, drainage facilities, and utilities are adequate to serve the proposed development.

(b)

Sidewalks. All developments shall be required to install public sidewalks along any public streets within and adjacent to the development.

(1)

All sidewalks shall be constructed in the right-of-way or in a sidewalk easement adjacent to the right-of-way as required by the city.

(2)

Sidewalks shall be a minimum of five (5) feet in width in residential areas and six (6) feet width in nonresidential areas and constructed of concrete consistent with all applicable city construction standards.

(3)

Sidewalks shall connect to adjacent developments to create uninterrupted pedestrian walkways.

(c)

Internal pedestrian pathways. All developments shall be required to install designated walks or paths providing for pedestrian and bicycle movement between public sidewalks and the structures on the site.

(1)

These designated pedestrian pathways shall be a minimum of five (5) feet in width and include an improved surface of asphalt.

(2)

Designated walks shall be separated by grade or distance from entrance drives and internal traffic aisles and drives.

(d)

Street trees. All developments shall be required to provide street trees within the private property along the right-of-way.

(1)

One (1) street tree shall be planted for every forty (40) feet of road frontage.

(2)

All street trees shall be a minimum of two and one-half (2½) inch caliper as measured consistent with the American Nursery Standards Institute (ANSI) at the time of planting and shall be of a species approved by the director.

(3)

No tree shall be planted within ten (10) feet of any fire hydrant or five (5) lateral feet of any underground utility service.

(e)

Maintenance on sidewalks. The occupant of any building and the owner of any lot shall keep the sidewalks adjacent to such building or lot clean of such refuse, rubbish, dead animals, weeds, underbrush, high grass, etc. As used in this section, "sidewalk" shall include all the ground, whether paved or not, between the property line and the back of curb or edge of pavement if no curb exists.

(f)

Easements. No structure with the exception of fences may be located in, or otherwise obstruct any easement. Fences shall be permitted within easements subject to the receipt of written permission from the easement holder.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

A landscape plan shall be submitted for any proposed use or building which requires the submittal of a land development site plan. Landscape plans shall be approved by the urban design review board prior to the issuance of a building permit and shall be prepared in accordance with the following:

(1)

Planting plan specifications.

a.

Minimum scale of one (1) inch = fifty (50) feet.

b.

Existing and proposed contours with contour interval not to exceed two (2) feet.

c.

The planting plan shall indicate, to scale, the location, spacing and starting size for all proposed landscape material within the required greenbelt or landscaped area.

d.

Typical straight cross section including slope, height and width of berms and type of ground cover or height and type of construction for all proposed walls, including footings.

e.

Significant construction details to resolve specific site conditions, e.g. tree wells to preserve existing trees, culverts to maintain natural drainage patterns.

f.

Planting and staking details in either text or drawing form to insure proper installation and establishment of proposed plant materials.

g.

Planting plans shall be prepared by a registered landscape architect.

(2)

Landscape planting standards. All new trees required to be planted by this chapter shall be measured consistent with the American Nursery Standards Institute (ANSI), as follows:

a.

All deciduous trees shall be two and one-half (2½) inches in diameter at the time of planting measured at six (6) inches above the root ball.

b.

All evergreen trees shall be six (6) feet in height at the time of planting measured from the base of the root ball.

c.

All shrubs shall be twelve (12) inches in height at the time of planting measured from ground level.

d.

These planting standards shall not be considered as fulfilling any screening or buffer requirement.

e.

No landscaping materials, vegetation, plants, shrubs, trees, retaining walls, bedding, lighting, or mounds may extend into any existing or proposed right-of-way or easement without written permission from the agency that established the right-of-way or easement.

(3)

Design standards. All proposed landscape materials should complement the form of the existing trees and plantings. Light water, soil quantity and quality, and on-going maintenance requirements should be considered in selecting plant materials.

(4)

Maintenance requirements. Trees, vegetation, irrigation systems, fences, walls, and other landscape elements are considered elements of a project in the same manner as parking and other site details. The owner of the property shall be responsible for the continuous proper maintenance of all landscaping materials, and shall keep them in a proper, neat, and orderly appearance, free from refuse and debris and in good repair at all times.

a.

All unhealthy or dead plant material shall be replaced by the next planting period. Other defective landscape material shall be replaced or repaired within three (3) months.

b.

Landscape materials are intended to grow, spread, and mature over time. Landscaping materials used to fulfill requirements of this section should only be pruned, limbed-up, or topped to ensure public safety, to maintain a neat and attractive appearance, and to preserve the relative health of the material involved.

(5)

Design requirements. Landscaping provided at the perimeter of and interior to parking areas shall meet the following design requirements:

a.

Parked vehicles may hang over the interior landscaped area up to two and one-half (2½) feet, and wheel stops shall be provided to ensure no greater overhang or penetration of the landscaped area.

b.

All areas not landscaped with hedges, walls, or trees shall be provided with grass or other acceptable ground cover.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

All required parking spaces and lots shall conform to all of the following requirements:

(1)

Driving surfaces. All parking areas, including parking spaces, interior drives, and ingress/egress into parking areas must be paved with asphalt or concrete. All parking areas shall be clearly painted to show each parking space.

(2)

Drainage. Parking areas must be constructed to allow proper drainage which shall be subject to the review and approval of the city engineer.

(3)

Access to public streets. Parking areas must be designed as to prevent vehicles from having to back into or maneuver in public streets.

(4)

Locations. Parking lots shall not be located in any right-of-way, easement, or any required buffer yard.

(5)

Lighting. Lighting for parking areas shall conform with the applicable requirements of the lighting standards section of this article.

(6)

Landscaping. Landscaping for parking areas shall conform with the applicable requirements of the landscaping standards section of this article.

(7)

Required parking spaces. Accessory off-street parking spaces shall be provided and maintained in accordance with the requirements set forth in the following table:

(8)

Location of required spaces.

a.

The required accessory off-street parking facility shall be located on the same lot as the use for which it is provided or on a lot within four hundred (400) feet of the nearest boundary of the lot upon which the use is located measured by a straight line between the two (2) points.

b.

The separate lot upon which such accessory parking facilities are provided shall be in the same ownership or control as the building or use to which the parking facilities are accessory.

(9)

Mixed use facilities. Accessory off-street parking spaces required of two (2) or more uses located on the same lot or parcel may be combined and used jointly by such uses, provided that the parking spaces provided shall be equal to the total number of accessory off-street parking spaces required by all such uses. Where a use is accessory to the main use and is not primarily intended to serve additional patrons or employees, or generate additional traffic, no additional off-street parking spaces need be provided for such accessory use.

(10)

Access and maintenance of off-street parking spaces.

a.

Accessory off-street parking spaces, driveways, and maneuvering areas shall be properly graded for drainage so that all water is drained within the lot providing such parking spaces, surfaced with concrete, asphaltic concrete, asphalt, or other surfacing materials approved by the city engineer, and maintained in good condition and free of debris and trash.

(11)

Americans with Disabilities Act. Handicap parking spaces shall be provided in all parking areas consistent with the requirements of the Americans with Disabilities Act.

(12)

Maneuvering. All spaces shall be provided adequate access by means of maneuvering lanes. Backing directly onto a street shall be prohibited. Parking lots shall meet the following dimensional requirements:

(13)

Driveways. The driveway used to provide accessibility to accessory off-street parking spaces shall be so located and arranged to minimize traffic congestion. Therefore:

a.

No driveway shall be so located that there would be less than fifteen (15) feet between the point of tangency of the driveway apron radius and the outside crosswalk line at the intersection when such driveway is on the approach side of an intersection. In such cases as the driveway is on the leaving side of the intersection, the requirement shall be five (5) feet between the outside crosswalk line and the point of tangency of the driveway apron radius.

b.

The maximum width of such driveway shall be thirty (30) feet measured at right angles to the angle of the driveway entrance. Such driveway shall have an apron radius at the curb of not less than six (6) feet or a curb cut of not more than sixty (60) feet and shall provide a means for motor vehicles to enter and leave the parking facilities without obstructing traffic.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

Every building or structure used for business, trade or industry shall provide space as indicated herein for the loading and unloading of vehicles off the street or public alley. Such space shall have access to an alley or, if there is no alley, to a street.

(1)

Minimum loading and unloading space required:

a.

Retail business. One (1) space of three hundred (300) square feet for each three thousand (3,000) square feet of floor area or fraction thereof.

b.

Wholesale and industry. One (1) space of five hundred (500) square feet for each ten thousand (10,000) square feet of floor area or fraction thereof.

c.

Bus and truck terminals. Sufficient space to accommodate the maximum number of buses or trucks to be stored or to be loaded or unloaded at the terminal at any one (1) time.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

8-8-92.1

Commercial and/or heavy vehicles parked in residential zoning districts.

(1)

It is unlawful for any person, firm, or corporation to park a heavy vehicle, or commercial vehicle that is used for commercial purposes in interstate or intrastate commerce, on any public street, private way, or on private property within the city that is located within a residential zoning district, unless the vehicle is actually engaged in loading or unloading activity, where the driver is present and in charge thereof.

(2)

It is further unlawful for any person, firm, or corporation to maintain a heavy vehicle, or commercial vehicle that is used in interstate or intrastate commerce, on property within a residential zoning district, unless the vehicle is actually engaged in loading or unloading activity, where the driver is present and in charge thereof.

(3)

It is also unlawful for any person, firm, or corporation to perform any type of maintenance or repair of a heavy vehicle, or a commercial vehicle that is used in interstate or intrastate transportation, within a residential zoning district.

(4)

It is further unlawful for parts of commercial or heavy vehicles and their accessories, including materials hauled by the vehicles, to be stored in a residential zoning district, on a residential lot, or serviced on a residential lot.

8-8-92.2

Commercial and/or heavy vehicles parked in commercial zoning districts.

(1)

It is unlawful for any person to permit or cause any heavy or commercial vehicle to be parked or stored in a commercial district unless:

a.

The vehicle is actually engaged in loading or unloading activity where the driver is present and in charge thereof;

b.

The vehicle is owned or is being used by a business located on the property; or

c.

A business on the property is conducting operations and the vehicle is being used in connection with such activity.

(2)

Where a heavy or commercial vehicle is parked in a parking lot located in a commercial zoning district pursuant to exceptions, subsections (1)a. through (1)c. of this section, such vehicle shall park only in areas designated and posted as loading zones and/or loading docks or otherwise in areas not designated for customer parking.

(3)

The use of loading zones or loading docks by operators of heavy and/or commercial vehicles for sleeping or parking overnight is strictly prohibited. The use of any other parking area by operators of heavy and/or commercial vehicles for sleeping is strictly prohibited.

(4)

The provisions this section shall not apply to truck rental, leasing, or sale facilities operating and conducting business.

(5)

Vehicles displaying advertising of a business located on the property must be parked within the side or rear yard and may not be parked within the front yard, except vehicles parked temporarily while making a delivery, providing a service, or purchasing goods or services. Should there be no parking areas in the side or rear of the building, the vehicle may be parked in the front. Passenger cars (as classified by Federal Highway Administration FHWA) displaying advertising may be parked in the front yard. Under no circumstances may a vehicle with advertising park in any parking space adjacent to an exterior road.

(6)

Parking in hotel or motel lots.

a.

Heavy and/or commercial vehicles may be parked in the parking lots of hotels and motels provided that the operators of said vehicles are registered guests of the hotel or motel, staying overnight and paying the full price of lodging, and provided that said vehicles are parked within the lines of a designated parking space clearly marked for trucks.

b.

Where said heavy and/or commercial vehicle is a tractor trailer, only the cab of the tractor trailer may be parked in a hotel or motel parking lot in accordance with this subsection.

c.

Any hotel or motel providing designated parking spaces for the parking of heavy and/or commercial vehicles pursuant to this subsection is prohibited from acting as a routing agent for said vehicles.

(7)

Parking decks. No heavy vehicles shall be permitted to park in any parking deck located in any zoning district within the city.

(8)

Overnight parking or storage. Commercial and/or heavy vehicles may be parked overnight or for storage purposes in industrial zoning districts.

8-8-92.3

Commercial and/or heavy vehicles parked in parking decks. No heavy vehicles shall be permitted to park in any parking deck located in any zoning district within the city.

8-8-92.4

Commercial and/or heavy vehicles parked overnight or for storage. Commercial and/or heavy vehicles may be parked overnight or for storage purposes in industrial zoning districts.

8-8-92.5

Recreational vehicle standards.

(1)

In a residential zoning district, one (1) recreational vehicle owned by the residents may be stored on their individual lot within the confines of the rear yard, insofar as distances from principal structures, lot lines and easements are concerned. All recreational equipment parked or stored shall not be connected to sanitary facilities and shall not be occupied. In those instances where the rear yard is not accessible by means of a driveway, alley or has insufficient side yard clearance for the passage of a recreational vehicle, the recreational vehicle shall not be parked upon the property.

8-8-92.6

Trailer and hauling equipment standards.

(1)

In a residential zoning district, one (1) trailer or piece of hauling equipment owned by the residents may be stored on their individual lot within the confines of the garage, shed, or other similar.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

In any commercial or industrial zoned district that abuts a residential zoned district, the owner of the property with a commercial or industrial zoning shall be required to maintain a buffer zone between the commercial property line at all points where it intersects with a property line of property zoned residential.

(1)

The buffer zone shall be an area of space fifteen (15) feet in width and shall be planted with sufficient vegetation so as to provide a visual screen between the commercial and residential property at least eight (8) feet in height.

(2)

The buffer zone shall be free of any form of commercial activity whatsoever.

(3)

In those instances where there is not sufficient space to enable the maintenance of a fifteen (15) foot buffer zone, a screen or fence at least eight (8) feet in height, and made of sufficient material to provide a visual screen between that property zoned commercial and that property zoned residential, shall be constructed by the owner of the property zoned commercial and maintained at all times.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

(a)

Fences and walls shall be permitted in all zoning districts with the issuance of a permit subject to conformance with the following requirements:

(1)

Height and location requirements. All fences and wall shall be erected in compliance with the following table:

(2)

All required setbacks for fences and walls shall be measured from the property line or existing street right-of-way line. Height of such fences or walls shall be measured from the grade level to the highest point of the fence or wall.

(3)

All fences and walls located within the front yard shall be less than four (4) feet in height.

(4)

All fences and walls, including, but not limited to posts, foundations, and overhanging elements, shall be located completely within the limits of the lot to which they are associated. Fences and walls located within required side and rear yards may be erected on the property line with the submission of written consent from all adjacent property owners or a certified survey verifying the location of lot boundaries.

(5)

All fences and walls may be permitted up to any property line that is not also a right-of-way line. All fences and walls shall be setback a minimum of two (2) feet from all adjacent rights-of-way.

(6)

Fences that have one (1) finished or decorative side shall be oriented with the finished or decorative side facing outward towards adjacent parcels and away from the interior of the lot to which the fence is associated. Masonry walls shall be finished in a similar manner on all sides.

(7)

No fence or wall may be placed in any drainage, utility, sidewalk, landscaping, access, or other easement without written permission from the easement holder.

(b)

Fences specifically required by this chapter for screening, swimming pools, telecommunications facilities, or other purposes may exceed the maximum heights established by this section in a manner consistent with the specific requirements of this chapter.

(1)

The height of a fence shall be determined by measuring from the highest grade to the highest point of the fence, including any posts or finials.

(c)

The use of barbed-wire, razor wire or similar fencing materials is specifically prohibited in all zoning districts, except in industrial zoned districts. Such fencing materials may be allowed upon application to and approval by the director. High voltage electric fences are prohibited throughout the city; however, the construction and use of low voltage electric fences, shall be allowed in the city only as provided in this section and subject to the following standards:

(1)

Location. Electric fences shall be permitted only in industrial zoned districts.

(2)

Setback. Electric fences shall be a minimum of twenty-five (25) feet from all perimeter property lines when adjacent to residential zoning districts.

(3)

Buffers. Electric fences shall not enclose a landscape buffer.

(4)

Height. Electric fences shall have a minimum height of six (6) feet and maximum height of eight (8) feet, but such height can be extended up to ten (10) feet if a variance is granted.

(d)

Permit required. A fence permit shall be required for all work performed in association with the construction, alteration, or relocation of a fence or wall, except where otherwise specified herein. Fences and walls for which a fence permit is not required:

(1)

Repairs. Repairs to an existing fence or wall with no structural changes.

(2)

Replacement. Replacement of an existing fence with a new fence that is the same type and height and in the same location as the existing fence; provided the replacement fence is otherwise in full compliance with this chapter.

(3)

Gates. The installation of gates of up to eight (8) feet in width in an existing fence or wall with no structural changes.

(e)

Permit application. Applications for fence permits shall be made upon forms provided by the planning and community development department. The following information shall be provided with the application:

(1)

A plot plan or lot survey shall be provided that includes the location of all existing and proposed fences, walls, structures, easements, and setback dimensions.

(2)

A detail of the proposed fence or wall with all appropriate dimensions shall also be provided.

(3)

Written consent of all adjacent property owners, or a certified survey verifying the location of lot boundaries, if a fence or wall is proposed to be erected or installed on a property line.

(4)

Other information that the director may require to show full compliance with this chapter.

(f)

Legal nonconforming fences and walls. All existing legal nonconforming fences or walls shall be permitted to continue as such until removed, extended, or altered, at which time such fences or walls shall be made to conform to the provisions of this section.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

All outdoor lighting systems in the City of Forest Park shall be consistent with the following minimum standards and requirements.

(1)

Purpose and intent. The purpose of this section is to regulate the placement, orientation, distribution patterns, and fixture types of outdoor lighting. The intent is to encourage lighting that:

a.

Provides safety, utility, and security;

b.

Prevents glare on public roadways;

c.

Protects the privacy of residents; and

d.

Reduces atmospheric light pollution.

(2)

Outdoor lighting compliance statement. The applicant for any permit for work involving outdoor lighting fixtures governed by this section shall submit, as part of the site plan, evidence that the proposed work will comply with this section. This information shall contain but not be limited to the following:

a.

The location, height, make, model, lamp type, and wattage of each outdoor lighting fixture;

b.

Certification that the angle of total light cutoff is no more than ninety (90) degrees; and

c.

Additional information the director may determine is necessary, including, but not limited to, illuminance level profiles.

(Ord. No. 21-11, § 1(Exh. A), 9-7-2021)

Each used automobile dealership shall contain a minimum lot width of two hundred (200) feet, a minimum lot depth of two hundred (200) feet, and a minimum lot size of two (2) acres.

Editor's note— At the direction of the city, § 8-8-96 was added to Art. C.

(a)

Purpose. The regulations of this section are to regulate the location, design, and development standards for EV charging stations and EV parks, encouraging sustainable infrastructure while ensuring safety, accessibility, and visual appeal in all zoning districts.

(b)

Applicability. This section shall apply to all new EV charging stations, EV parks, and major modifications of existing electric vehicle (EV) infrastructure on non-residential, multi-family, and public sites.

(c)

Permitted locations.

(1)

EV charging stations are permitted as accessory uses in all zoning districts where parking is allowed, subject to site plan approval and compliance with this section.

(2)

EV parks facilities primarily dedicated to multiple EV charging stations and related amenities are permitted as a principal or accessory use in all zoning districts, subject to site plan review, permitting, and compliance with this section.

(3)

EV parks in residential zoning districts must meet all development standards herein to ensure compatibility with surrounding land uses.

(4)

EV charging stations and EV parks shall also be allowed as a conditional use in the single-family residential district (RS) and the two-family residential district (RT), subject to conditional use approval and compliance with all applicable development and design standards.

(d)

Site improvements.

(1)

All EV charging stations and EV parks shall be paved with asphalt or concrete and clearly striped.

(2)

All EV charging stations and EV parks shall be designed to accommodate safe vehicle circulation and ADA-compliant access to EV charging stations.

(e)

Design requirements. EV charging stations and EV parks shall be designed to be visually appealing and consistent with the surrounding built environment. The following elements are required:

(1)

Landscaping.

a.

A continuous landscape buffer, minimum five (5) feet in width, shall be installed along all property lines adjacent to public rights-of-way.

b.

Decorative planting beds, ground cover, and low-maintenance shrubs must be used throughout the EV park.

c.

A tree strip/island with one (1) canopy tree and appropriate ground cover shall be installed for every eight (8) parking spaces designated for EV charging stations.

d.

Landscape islands must be irrigated and maintained.

(2)

Lighting.

a.

LED site lighting is required for safety and visibility.

b.

Fixtures must be shielded and downward facing to minimize light pollution.

c.

Lighting design must complement adjacent development.

(3)

Fencing and screening.

a.

All equipment, utility boxes, and transformers must be screened with decorative fencing, masonry walls, or landscaping.

b.

Fencing materials must be durable and visually compatible with the surrounding development.

(4)

Signage.

a.

Signage identifying EV charging stations and instructions for use shall be prominently displayed.

b.

Wayfinding signage shall be included if EV charging stations are not visible from the main entrance.

c.

Advertising of any kind on EV charging stations structures is prohibited unless approved through a separate sign permit.

(5)

Trash receptacles.

a.

At least one (1) trash receptacle must be provided per eight (8) EV parking spaces.

b.

Receptacles must be screened or enclosed to prevent overflow and litter.

c.

Site must be kept clean, with regular maintenance of landscaping and amenities.

(6)

Informational kiosks (optional for EV parks).

a.

EV parks may include digital kiosks or static information boards with sustainability, transportation, or city promotional content.

(f)

Parking requirements.

(1)

All parking spaces for EV charging stations may count toward minimum required off-street parking.

(2)

All parking spaces for EV charging stations must be clearly marked for EV use only.

(3)

All parking spaces for EV charging stations must comply with ADA standards.

(4)

All parking spaces for EV charging stations must be a minimum of eleven (11) feet wide and twenty (20) feet long, with an access aisle of at least five (5) feet in width.

(g)

Maintenance and operations.

(1)

All EV equipment must be kept in good working order.

(2)

Non-functional EV charging stations must be repaired or removed within thirty (30) days of notice.

(3)

Site must be kept clean, with regular maintenance of landscaping and amenities.

(h)

Utility and code compliance.

(1)

Installations concerning EV charging stations and EV parks must comply with applicable electric, building, and fire codes.

(2)

Applicants shall coordinate with the local utility provider for infrastructure planning.

(Ord. No. 25-10, § 4(Exh. A), 8-4-2025)