By virtue of its location within the comprehensive land development plan for the city, and in recognition of the present extent and concentration of business and commercial developments serving the whole city, and because of the continuous process of intensification of uses in certain areas, the C-2 zone is established in order to:

(1)

Protect present business and commercial uses.

(2)

Guide the further development of this zone in accordance with the design principles of modern shopping centers oriented to the extensive use of the automobile as well as public transit.

(3)

Exclude industrial uses (such as manufacturing, processing and warehousing) and residential uses.

(4)

Encourage the eventual elimination of uses inappropriate to the function of the central business area.

(5)

Encourage intensive development of this zone as the shopping and business center of the city and surrounding trade areas.

(6)

Exclude uses which would be dangerous or offensive, or detrimental to the present or intended character of this zone or vicinity or persons or property therein by reason of the emission of dust, gas, smoke, noise, fumes, glare, odors, vibrations or surface water and drainage.

(Code 1981, § 8-5-141)

The uses permitted within the C-2 zone shall include the business, professional, retail and service uses permitted in the C-1 zones plus certain other uses appropriate to a general business area. These additional uses include wholesale and other retail activities not requiring extensive storage or warehousing, hotel and motel type uses, uses pertaining to the sale of new and used automobiles, commercial parking facilities, small fabrication and assembly plants selling at retail on the premises, entertainment facilities and other uses specifically enumerated below. All these uses shall be conducted wholly within a completely enclosed building, except when a use included in the following list is followed by the phrase "outside use."

(Code 1981, § 8-5-142)

The following uses are permitted within any C-2 zone:

(1)

Antique shops.

(2)

Apparel shops, including cloth and sewing stores.

(3)

Appliance, radio and television sales outlets and services, including incidental repairing.

(4)

Art and photography stores and studios.

(5)

Automobile parts sales stores.

(6)

Bakery shops.

(7)

Banks and other financial institutions, including loan and finance shops.

(8)

Barbershops and beauty shops.

(9)

Business and professional offices, including incidental warehousing of products sold.

(10)

Churches and other places of worship.

(11)

Clubs and lodges.

(12)

Commercial parking lots and parking garages.

(13)

Customary accessory buildings and uses.

(14)

Dance studios.

(15)

Department, gift and bookstores.

(16)

Drugstores, pharmacies and soda fountains.

(17)

Electrical sales outlets and services.

(18)

Florist shops.

(19)

Food stores.

(20)

Furniture stores.

(21)

Hardware stores.

(22)

Hobby shops.

(23)

Blood plasma donation center, medical clinic, medical or dental laboratory, medical or dental office, surgical center, addiction services clinic, mental health clinic, hospital, rehabilitation or treatment facility.

(24)

Hotels and motels.

(25)

Jewelers and jewelry stores.

(26)

Laundries, self-service and laundry pickup stations.

(27)

Laundry and dry cleaning establishments.

(28)

Libraries and other public buildings.

(29)

Locksmith shops.

(30)

Minor storage, repackaging and servicing of goods and small nonmotorized equipment, provided the use does not violate the intent provisions of this article. In addition, incidental activities associated with the use such as sales, loading, bookkeeping and administration shall also be permitted.

(31)

Opticians and optical stores.

(32)

Paint stores.

(33)

Plumbing sales outlets and services.

(34)

Printing shops.

(35)

Public, private and parochial schools operated for the purpose of instructing in elementary and high school general education subjects. In addition, other schools are allowed subject to a finding by the planning commission that the proposed method of establishment and operation would not adversely impact the use and enjoyment of surrounding properties.

(36)

Restaurants, carry-out restaurants, drive-in restaurants or drive-through restaurants.

(37)

Shoe stores and repair shops.

(38)

Tailor shops.

(39)

Theaters and bowling alleys.

(40)

Undertaking establishments and funeral homes.

(41)

Extended-stay hotels, subject to the provisions of sections 93-2-22 and 93-2-23.

(42)

Bail bond offices, subject to section 93-2-23.

(43)

Check cashing businesses, subject to section 93-2-23.

(44)

Pawnshops, subject to section 93-2-23.

(45)

Private probation offices, subject to section 93-2-23.

(46)

Veterinarians, animal hospitals and kennels.

(Code 1981, § 8-5-143; Ord. No. 75-3, 4-1-1975; Ord. No. 84-8, 11-6-1984; Ord. No. 89-3, § 3, 3-7-1989; Ord. No. 2000-10, § 1, 4-4-2000; Ord. No. 2015-15, § 20, 8-4-2015; Ord. No. 2016-03, § 9, 3-1-2016; Ord. No. 2016-18, §§ 6, 7, 8-16-2016; Ord. No. 2018-15, § 5, 11-6-2018; Ord. No. 2016-28, § 5, 12-6-2016; Ord. No. 2019-15, § 7, 7-2-2019; Ord. No. 2021-06, § 7, 3-2-2021)

The following uses are not permitted in any C-2 zone:

(1)

Group homes.

(2)

Nursing homes.

(3)

Personal care homes.

(Ord. No. 2015-15, § 20, 8-4-2015)

Upon application to and favorable decision thereon by the mayor and council, as provided in article 25 of this chapter, the conditional uses specified herein are permitted in this district provided that their establishment promotes the health, safety, morals, and general welfare of the city. Specific conditional uses which may be permitted as so specified are as follows:

(1)

Labor pools, provided also that:

a.

The building or structure located on the property has a sufficient amount of space or area, either inside or outside, which is configured in such a way as to prevent potential laborers who have congregated in the building or on the property from being observed from any right-of-way or any adjoining property;

b.

The proposed site for a labor pool is not located within 1,000 feet of an existing labor pool;

c.

No further labor pools may be established when the total number of such operating establishments would number more than one for each 5,000 persons residing in the city. It is the intent of this provision to require a population of 5,000 for each such operating establishment.

Examples:

1.

Population = 5,000, then one license may be issued;

2.

Population = 9,999, then one license may be issued;

3.

Population = 10,000, then two licenses may be issued.

If an existing operating establishment shall go out of business and the number of such existing operating establishments shall continue to exceed the limit prescribed herein, such establishments may not be reinstated. The population shall be determined by the most recent United States decennial Census.

d.

The labor pool has a properly configured, safe area on the property where the day laborers can be picked up and dropped off. Any such area shall not include any right-of-way immediately adjacent to the property or on any adjoining property which is not owned or leased by the labor pool.

e.

The labor pool is located only in one of the following areas:

1.

On properties along the north right-of-way of Willingham Drive, west of Colville Avenue to the city limits of East Point.

2.

On South Central Avenue from its intersection with Colville Avenue to the city limits of East Point.

3.

On Sylvan Road from its intersection with Central of Georgia Railroad to its intersection with Grimes Street.

4.

i.

On North Central Avenue from its intersection with Sylvan Road to the city limits of East Point.

ii.

Any labor pool in existence as of the effective date of this section which is not located in the above described areas will be considered a nonconforming use and subject to the provisions of this chapter.

(2)

Automobile sales lots (new and used and showrooms (outside use), including incidental service and repairing when conducted entirely within a completely enclosed building.

a.

All vehicles offered for sale shall: be clean in appearance, not require body repairs or painting, be in an operable condition and suitable for licensing and operation under laws applicable in the state.

b.

All vehicle repairs shall be conducted within an enclosed building and shall be limited to those vehicles actually available for sale on the premises. Such repairs shall consist of minor auto repair operations, only; bodywork is prohibited.

c.

A 30-foot landscaped buffer shall be maintained along the boundary of any residential property. Such buffer shall consist of species and plant sizes sufficient to yield a substantial visual screen throughout the year. Section 93-23-18 regarding landscape requirements for vehicular use areas shall be applicable to these conditional uses.

d.

No driveway shall be located within 25 feet of any residential property.

e.

All site lighting shall be directed inward and toward the ground to prevent glare on public rights-of-way and adjoining properties.

(3)

Boat sales and service (outside uses).

a.

All boats offered for sale shall be clean in appearance; not require hull or other repairs or painting; be in an operable condition; and be suitable for licensing and operation under laws applicable in the state.

b.

Boat motor repairs shall be conducted within an enclosed building; hull repairs or other repairs utilizing fiberglass or other materials that produce fumes shall not be conducted on the premises. Provided, however, that upon presentation of evidence of on-site filtering techniques that effectively eliminate such odors or fumes, rendering them imperceptible at the property line, such repairs may be permitted.

c.

A 30-foot landscaped buffer shall be maintained along the boundary of any residential property. Such buffer shall consist of species and plant sizes sufficient to yield a substantial visual screen throughout the year. The standards found in section 93-23-18 regarding landscape requirements for open lot sales shall be applicable to these conditional uses.

d.

No driveway shall be located within 25 feet of any residential property.

e.

All site lighting shall be directed inward and toward the ground to prevent glare on public rights-of-way and adjoining properties.

(4)

Gasoline service stations (outside use), not including outside repair of automobiles or outside storage of any tires batteries, new or used automobile parts or other merchandise not necessary for the sale of gasoline and motor oil.

a.

Access drives shall be clearly defined utilizing curbing.

b.

Vehicle services shall be limited to oil changes, lubrication, tire repair, tune-ups and other minor services. All such operations shall be performed within an enclosed building.

c.

Storage of vehicles which are on the premises for the above repairs shall be limited to two per service bay.

d.

Pumps shall be setback a minimum distance of 25 feet from the street right-of-way.

e.

Stations providing car washing as an accessory use shall ensure that all wash water is contained on the premises.

f.

A 30-foot landscaped buffer shall be maintained along the boundary of any residential property. Such buffer shall consist of species and plant sizes sufficient to yield a substantial visual screen throughout the year. The standards found in section 93-23-18 regarding landscape requirements for vehicular use areas shall be applicable to these conditional uses.

g.

No driveway shall be located within 25 feet of any residential property.

h.

All site lighting shall be directed inward and toward the ground to prevent glare on public rights-of-way and adjoining properties.

(5)

Processing, cleaning, or other servicing devices or equipment, providing that the following uses may be approved by mayor and council, based upon a finding by the mayor and council that such uses conform to adopted performance standards, and that said uses further the purpose of the zone in which they are located or in which the use would be placed. No approved use shall be expanded that is inconsistent with the criteria set fourth below. Discontinuation of an approved use for a period of 30 or more days shall result in termination of the conditional uses after notice sent registered mail to the permit holder's last known address without further process. Discontinuation of a use for a period of 30 or more days shall create a presumption and be evidence of an intent to abandon the use.

a.

Processing, cleaning, or otherwise servicing devices or equipment. The following shall be allowed by conditional uses:

1.

Processing, cleaning, or otherwise servicing devices or equipment.

2.

Business offices, including incidental warehousing of products sold and minor storage, repackaging and servicing of goods.

3.

Limited processing and fabrication of goods, or light assembly utilizing components parts manufactured elsewhere.

b.

Applicable conditions. The following conditions must be met for conditional uses issuance:

1.

No truck terminals shall be allowed;

2.

Shipping shall be accomplished using local haul trucks as the term is commonly used in the trucking industry, and shall not use trucks with 18 or more wheels, also known as long haul trucks, on the permitted property;

3.

No outdoor storage of materials, equipment or other materials shall be permitted;

4.

All such operations shall be conducted in an enclosed building; and

5.

The maximum lot area of such a use shall be one acre.

c.

Performance standards. The following performance standards which shall be complied with are:

1.

Pollution control and nuisance abatement. Each nonresidential use is required to continuously employ the best pollution control and nuisance abatement technology when reasonable and practicably available for each particular use; provided that where federal and state laws or regulations establish the appropriate level of technology to be employed, the applicable standards shall apply.

2.

Heat, light and glare.

i.

All operations and facilities producing heat, light or glare shall be so constructed, screened or used so as to not unreasonably infringe upon the use and enjoyment of property beyond the lot line for the use concerned.

ii.

Outdoor lighting structures shall be located, angled, shielded and/or limited in intensity so as to cast no direct light upon adjacent property and to avoid the creation of a visual safety hazard to passing motorists.

3.

Ground vibrations. No ground vibration other than that caused by highway vehicles, trains or construction activity shall be permitted which is discernible, without instruments, at or beyond the property line for the use concerned.

4.

Odor, dust, dirt and smoke. No odor, dust, dirt, or smoke shall be emitted that is detectable, at or beyond the property line, for the use concerned, in such a concentration or of such duration as to cause a public nuisance, or threaten health or safety, or to unreasonably infringe upon the use and enjoyment of property beyond the property line of the use concerned.

5.

Noise. The maximum constant sound level of 120 decibels as measured on the "A" scale of a sound meter (hereinafter dbA) and a maximum peak sound level of 150 dbA shall not be exceeded at or beyond the property line of the use emitting such sound.

6.

Toxic gases and fumes. There shall be no emission of toxic gases or fumes in such a concentration or of such duration as to cause a public nuisance, to exceed state or federal mandated limitations, or to be injurious to the public health or general welfare.

7.

Nuisance uses. No use or manner of operation shall be permitted which would constitute a nuisance or which is obnoxious or offensive by reason of odor, smoke, noise, glare, gas, fumes, vibration, unusual danger of fire or explosion, emission of particulate matter, or interference with radio or television communication or is otherwise incompatible with the character of the district and in relation to any adjoining district.

(Code 1981, § 8-5-144; Ord. No. 95-10, § 2, 11-7-1995; Ord. No. 98-08, § 1, 4-7-1998; Ord. No. 2000-01, § 1, 1-4-2000; Ord. No. 2000-11, § 1, 4-4-2000; Ord. No. 2015-15, § 20, 8-4-2015)

Editor's note— Ord. No. 2015-15, § 20, adopted August 4, 2015, renumbered the former section 93-14-4 as section 93-14-5. The historical notation has been preserved for reference purposes.

The following uses require a special use permit, in accordance with section 93-3.2-5 and 93-3.2-6, in any C-2 zone:

(1)

Adult daycare facilities.

(2)

Climate-controlled storage facilities. Climate-controlled storage facilities may be permitted in any C-2 zone, subject to special use permit and the following conditions:

a.

Parking and loading requirements.

1.

Parking spaces—One space for every 40 rental spaces and one space for each employee who may be working or arriving to work.

2.

Loading spaces—One space for every 400 rental spaces or majority fraction thereof.

3.

Customer and employee parking spaces shall be full size spaces; loading spaces shall be a minimum of 12 feet by 24 feet and have 14 feet of vertical clearance. No part of any parking and loading spaces or maneuvering space shall encroach into a public right-of-way.

b.

Minimum number of floors. For the purpose of maximizing land utilization and minimizing impervious area, all climate-controlled storage facility developments shall be a minimum of three stories.

c.

Architectural design.

1.

For the purpose of avoiding the industrial appearance of traditional mini-warehouses, the design and exterior finishes shall at a minimum reflect that of a typical Class B office building.

(a)

For purposes of this section, Class B buildings are defined as follows:

i.

These buildings are a grade below Class A. Generally, they are slightly older buildings with good management and quality tenants.

ii.

It is not uncommon for value-added investors to target these buildings with the intention of renovating them back into Class A buildings.

iii.

Class B buildings are well maintained overall and quite functional.

iv.

Class B office buildings commonly have an acceptable curtain wall finish, adequate (but not state of the art) mechanical, electrical and safety and security systems, and a mid-quality level of interior finish.

v.

Class B buildings compete for a wide range of users at average rental rates for their market area.

vi.

The following additional criteria characterize Class B office space: fair to good building finishes; good quality systems; and average rental rates.

2.

All features that would afford a view into a private rental storage space should be faux or "one way" windows and shall present an opaque panel on the building facade.

3.

All storage units shall be accessed through an interior entrance. Outside access to storage units is prohibited.

d.

Operational standards.

1.

All climate-controlled storage facilities shall feature temperature and humidity regimens that protect personal goods stored on the premises from damaging temperature, sun and humidity extremes.

2.

Outside storage of goods is prohibited.

3.

Storage of recreational vehicles and dry storage of pleasure boats of any type customarily maintained by private individuals for personal use shall be prohibited.

4.

Storage of flammable liquids, highly combustible or explosive materials, or hazardous chemicals shall be prohibited.

5.

No units within the facility shall be used for or considered to be premises for the purpose of establishing residency or for assigning a legal address in order to obtain an occupational license or any other government permit or license to conduct business.

6.

The hours of operation during which individuals with a written contract to rent or lease one or more storage units on the property shall be between 6:00 a.m. and 11:00 p.m., Monday through Sunday.

7.

No resident manager or any type of overnight accommodations for such shall be permitted.

8.

No units shall be used to manufacture, fabricate or process goods; to service or repair vehicles, boats, small engines or electrical equipment; or to conduct similar repair activities; to conduct garage sales or retail sales of any kind; to rehearse or practice utilizing band instruments; for conversion to an apartment or dwelling unit; or to conduct any other commercial or industrial activities on the site; provided that the owner may conduct retail sales in the leasing office limited to such items as locks, boxes and other moving supplies.

e.

Building and site plan review. Any new construction or renovation, including interior renovation, shall be subject to approval by the planning commission and the design review committee. Any conversion of a building a climate-controlled storage facility shall comply with the standards contained herein for new construction, including the minimum building height of three stories.

(Ord. No. 2015-14, § 2, 8-4-2015; Ord. No. 2015-15, § 20, 8-4-2015)