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Fulton City Zoning Code

ARTICLE III

- LAND USES

Sec. 120-51. - Permitted and accessory use table.

(a)

Purpose. The use table of this section provides a tabular summary of the land use types allowed in each zoning district. The table is intended for reference and does not necessarily reflect all the regulations that may apply to particular uses or districts. In the event of a conflict between the use regulations of this section and those found in the text of the zoning district regulations, the text of the zoning district regulations shall prevail.

(1)

Permitted (by-right) uses. Uses identified in a zoning district column of table A with a "P" are "permitted by-right" and shall be permitted in such zoning district, subject to any additional regulations as may be indicated in the "use-specific standards/additional comments" column and all other requirements of this chapter.

(2)

Conditional uses. Uses identified in a zoning district column of table A with a "C" are "conditional uses" and shall be permitted in such zoning district, subject to the issuance of a conditional use permit (CUP), any additional regulations indicated in the "use-specific standards/additional comments" column of table A, and all other requirements of this chapter. All conditional uses shall require the receipt of a CUP prior to the issuance of a building permit. A CUP may be obtained by following the procedures and complying with the performance standards set forth in subsection 120-231(f).

(3)

Accessory uses. Uses identified in a zoning district column of table B with an "A" shall be permitted in such zoning district, subject to meeting the performance standards and any additional regulations indicated in the "use-specific standards/additional comments" column of table B, and all other requirements of this chapter.

(4)

Temporary uses. Uses identified in a zoning district column of table C with an "T" shall be permitted in such zoning district, subject to meeting the performance standards and any additional regulations indicated in the "use-specific standards/additional comments" column of table C, and all other requirements of this chapter.

(5)

Unlisted uses. Uses not listed have been determined either not to be appropriate in any district, incompatible with certain existing uses, or sufficiently rare or unexpected as to be incapable of being listed at the time of adoption of this chapter.

(6)

The last column of tables A, B, and C entitled "use-specific standards/additional comments" references additional supplemental requirements categorized by land use. The numbers in this column refer to specific sections found in this chapter. Additional requirements, beyond those listed in the use-specific standards/additional comments column, may be required at the discretion of the city.

Table 1 - Permitted and Conditional Uses
P = Permitted, C = Conditional
Zoning District Residential Commercial Industrial Other Use-Specific Standards/Additional Comments
R-1 R-2 R-3 C-1 C-2 C-3 M-1 M-2 A-1 MH-1
Land Use Category
Residential Uses
Household Living
Single family dwelling P P P P P - - - P -
Two-family dwelling - P P P P - - - - -
Row house/town house - P P P - - - - -
Manufactured home (mobile home) - - - - - - - - - P See sections 120-117 and subsection 120-31(c)(4)
Group Living
Boarding houses/lodging houses/group homes - - P P P - - - - -
Group housing projects - - P P P - - - - -
Apartment complexes - - P P P - - - - -
Fraternity/sorority houses or dormitories - - P P P - - - - -
Public and Institutional Uses
Adult and Child Care
Nursing, rest or convalescent home - P P P P - - - - - For nursing homes on five acres or more, see similar use under community service subheading below
Nursery, pre-kindergarten, kindergarten, play, dancing, music, and other similar schools - P P P P - - - - -
Family day care homes, day care centers, preschool nursery school, child play, child education, child experiment stations or child development institutions P P P P P - - - - - See supplemental regulations
Community Service
Mortuaries - - - P P P* P - - - *See the CEM district, in subsection 120-31(d)(4)
Funeral homes P P
Funeral homes, sale, display and storage of monuments and grave markers, and uses, facilities and buildings related to the use and operation of a cemetery P* *See the CEM district, in subsection 120-31(d)(4)
Hospital, nursing home, and educational, philanthropic or religious institution, on sites of not less than five acres C C P P P P - C - Not more than 50 percent of the site area may be occupied by buildings. Building(s) shall be set back from all required yard lines an additional foot for each foot of height above MAX allowed in zoning district. See section 120-201 for height regulations
Religious, educational, philanthropic, and similar non-profit institutions operated for charitable purposes - P P P P - - - - - For religious and philanthropic institutions on 5 acres or more, see similar use under community service subheading above
Hospitals, sanitariums, clinics and accessory uses - - P P P - - - - - For hospitals on five acres or more, see similar use under Community Service subheading above.
Public school, nursery, pre-kindergarten, kindergarten, elementary and high, or private school having a curriculum equivalent to a public elementary or public high school and having no rooms regularly used for housing or sleeping purposes, and colleges with 20 or more acres of land P P P P P - - - P -
Government buildings P P P P P - - - C -
Churches, temples, and similar religious places of worship P P P P P - - - - -
Business or commercial school - - - P P - - - - -
Radio or television broadcasting station or studio P P
Agricultural activity - - - - - - - - P - See section 120-261 for definition of "agricultural activity"
Commercial garden center, greenhouse or plant nursery - - P P P P P - P -
Animal hospitals and veterinary clinics - - - - P P - - - -
Kennel for animal boarding purposes P P P
Roadside stand for the display or sale of agricultural products - - - - - - - - P -
Food and Beverage Services
Restaurants - - - P P P P P - - Restaurants with drive-through or drive-in facilities, see section 120-112 (drive throughs and drive ins)
Frozen food locker P P P
Guest Accommodations
Bed and breakfast P P P P P - - - -
Hotels and motels - - - P P - - - - -
Office
Bank or financial institution - - - P P P - - - - Banks with drive-through or drive-in facilities, See section 120-112 (drive throughs and drive ins)
Laboratory, research, experimental or testing facility - - - P P P - P - -
Newspaper publishing and sales P P
Office or office building - - - P P P - P - -
Display and salesroom - - - P P P - - - -
Medical marijuana dispensaries - - - - P - P - - - See section 120-261 for definitions of terms
Personal Services
Personal service uses, including barbershop, beauty parlor, photographic, messenger, taxicab, laundry or dry-cleaning receiving station, and other uses of a similar character - - - P P P - - - -
Pharmacy P P P Pharmacies with drive-through or drive-in facilities, see section 120-112 (drive throughs and drive ins)
Self-service laundry or cleaning establishment - - - P P P - - - -
Recreation and Entertainment
Public park or playground P P P P P - - - P -
Golf course, except miniature course and driving tees operated for commercial purposes P P P P P - - - P -
Privately operated lake, swimming pool or tennis courts, on sites of not less than five acres, as a part of subdivision development C C C - - - - - -
Private recreational facility, where buildings do not occupy more than ten percent of the site area C C C - - - - - - -
Bowling alley or billiard parlor - - - P P P - - - -
Dancing or music academy - - - P P P - - - -
Theater, indoor - - - P P P - - - -
Miniature golf course and driving tees operated for commercial purposes - - - - P - - - - -
Retail
Art studio P P P
Bakery - - - P P P - - - -
Dressmaking, tailoring, shoe repairing, repair of household appliances and bicycles, catering and other uses of a similar character - - - P P P - - - -
Farm implements, sale and repair - - - - P P - - - -
Farm store or feed store, including accessory storage of solid fertilizer - - - - P P - - - -
Professional services including, cleaning/restoration, laundry, mailing, printing, copying, and electrical, painting, and plumbing services P P P
Retail store - - - P P P* - - - - *In C-3, use is contingent on Council approval per subsection 120-12(d)(3)(c)(3) (planned commercial district)
Self-service storage facility (mini-warehouse) P P P P See supplemental regulations, section 120-119
Lumberyard - - - C P P - - - -
Vehicles and Equipment
Used motorized vehicle sales or storage lot - - - P - - - -
Parking lot located within 300 feet of a C or M district C P P - - - - - - -
Off-street parking lots for annual or monthly rental - - C C - - - - - -
Automobile or trailer display, salesroom, and repair - - - - P P - - - -
Automobile service station or repair facility - - - - P P - - - -
Automobile parking lot - - - - P P - - - -
Tire sales and service, upholstering and other general service or repair establishment of similar character - - - - P P - - - - Not more than ten percent of the lot or tract occupied by such establishment shall be used for the open and unenclosed storage of materials or equipment
Autobody renovations including vehicle interior and exterior - - - P P - - - -
Car wash, self-serve and automated P
Auto wrecking yards and junkyards C See supplemental regulations, section 120-115
Any use within the brick overlay district See supplemental regulations, section 120-120
Industrial Uses
Commercial Services
Storage and distribution - - - - - - P P - -
Research, testing and development - - - - - - - P - -
Fuel/resource storage - - - - - - P - - -
Warehousing (except self-service storage facilities) P P See section 120-118 open storage
Assembly and packaging P
Medical marijuana-infused product manufacturing facilities - - - P P P - - - See section 120-261 for definitions of terms
Medical marijuana cultivation facilities - - - - - - P - - - See section 120-261 for definitions of terms
Printing, lithographic and similar uses P
Extraction of coal, sand, or gravel - - - - - - - - C -
Airport C -
Truck or bus terminal - - - C C - - - -
Manufacturing, processing, or fabrication facilities, provided that such use is NOT noxious or offensive by reason of vibration or noise beyond the confines of the building, emission of dust, fumes, gas, odor, smoke or other particulate matter, or flammable ingredients P P Product manufacturing must be free of objectionable nuisances or fully controlled by installation of appropriate abatement devices
Manufacturing, processing, or fabrication facilities of products from previously prepared materials which result in a final product or parts for a final product, provided that such use is NOT noxious or offensive by reason of vibration or noise beyond the confines of the building, emission of dust, fumes, gas, odor, smoke or other particulate matter, or flammable ingredients P P Product manufacturing must be free of objectionable nuisances or fully controlled by installation of appropriate abatement devices
Manufacturing, processing, or fabrication facilities which may be noxious or offensive by reason of the emission of odor, dust or particulate matter, volatile organic compounds, smoke, gas, noise or vibration C Examples in this category with offensive or noxious impacts may include, but are not limited to, rubber product manufacturing, fish oil manufacturing/refining, adhesive and glue manufacturing, sugar beet refining, and pesticides

 

Table 2 - Accessory Uses
A = Permitted Accessory Use C=Conditional
Zoning District Residential Commercial Industrial Other Use-specific standards, comments
R-1 R-2 R-3 C-1 C-2 C-3 M-1 M-2 A-1 MH-1
Agricultural operations A
Automotive parking garage or lot (public) A A A A A A See section 120-202 off-street parking and loading regulations
Automatic teller machine (ATM) A A A
Family day care home A A A Child day cares operated within a home shall meet all requirements of the state regulatory agency
Deck, patio, platforms, and gazebo A A A See supplemental regulations section 120-111
Drive-through lanes C A A A See section 120-112
Drive-up facilities C A A A See section 120-112
Fence or wall A A A A A A A A A A
Garage, carport, or storage building for accessory use (detached from principal structure) A A A A A A A A A A See supplemental regulations in section 120-111
Home occupation A A A
Horse stables, private A See section 120-111 accessory structures and uses
Manufactured home park management accessory buildings A See supplemental regulations section 120-117 and subsection 120-31(c)(4) MH-1 zoning district)
Open storage P See supplemental regulations section 120-118
Signs, as permitted in chapter 92 A A A A A A A A A A
Solar panels A A A A A A A A A A Roof mounted panels allowed in accordance with building code requirements. For free-standing panels, see supplemental regulations section 120-121
Swim pool, hot tub, jacuzzi, or similar facility A A A A A A See supplemental regulations section 120-111
Utilities (public) A A A A A A A A A A
Designated parking area(s) at self-service storage facilities (mini warehouses) for the outdoor storage of vehicles and watercraft A A A A See subsection 120-119(e) accessory structures and uses—parking
Warehousing and wholesale buildings (detached from principal structure) C A A A Use does not include self-service storage facilities

 

Table 3 - Temporary Uses
T = Temporary
Zoning District Residential Commercial Industrial Other Use-specific standards, comments
R-1 R-2 R-3 C-1 C-2 C-3 M-1 M-2 A-1 MH-1
Temporary construction office or yard T T T T
Temporary real estate sales/leasing office T T T T T T T
Temporary/seasonal sales events T T T

 

(Ord. No. 1583-22, § 1(Att.), 4-26-22)