Conditional uses may be permitted upon a finding by mayor and council that the proposed use conforms to the minimum listed conditions and the standards of review of this article. Approval of conditional uses is subject to the procedural requirements of property rezoning of article XII.

A conditional use will continue so long as the use thereby allowed is actually being conducted on the property to which it applies or as subsequently modified by the mayor and council pursuant to the provisions of this chapter, once activity authorized by a conditional use has been discontinued for a period of 60 days, the conditional use shall expire without further action by the mayor and council and such use may not thereafter be made on premises without reapplication therefore and approval thereof by the mayor and council. In making the decision regarding whether or not a conditional use has been discontinued, the zoning administrator shall base his judgment upon objective criteria gained from observation of the premises. The subjective intent of the owner or lessee of the property shall not be considered.

The following conditional uses may be permitted in the zoning districts specified. The listed conditions and standards below are minimum requirements, and the mayor and council may elect to impose additional conditions and standards on proposed uses based on the context of each case.

(Ord. No. 2019-003, § 1, 2-11-2019; Ord. No. 2019-011, § 1, 6-3-2019; Ord. No. 2020-006, § 1, 3-9-2020)

Day care center means any place operated by a person, society, agency, corporation, institution, or group wherein are received, for pay, for group care for fewer than 24 hours per day without transfer of legal custody 19 or more children under 18 years of age.

Group day care home means any place operated by any person or group wherein are received for pay not less than seven nor more than 18 children under 18 years of age for care and supervision for less than 24 hours per day.

Day care centers and group day care homes may be permitted as a conditional use in an CCM, H-2, O&I, C-1, C-2 or MX district, subject to the following conditions:

(1)

Every child day care facility shall provide proof of an approved Georgia Department of Human Services registration certificate prior to issuance of a certificate of occupancy, and shall conform to all applicable local, state, and federal standards, including Bright From the Start current program standards, O.C.G.A. ch. 591-1-1. An on-site outdoor play area is required, subject to the following minimum standards:

a.

Size requirements.

1.

For centers with a licensed capacity of 19 or more children first licensed after March 1, 1991, the center shall provide or have ready access to an outdoor play area. The minimum size of the outdoor area must be equal to 100 square feet times one-third of the center's licensed capacity for children.

2.

For centers with a licensed capacity of 18 or fewer children first licensed after April 21, 1991, the center shall provide or have ready access to an outdoor play area. The minimum size of the outdoor area must be equal to 100 square feet times the center's licensed capacity for children.

b.

Playground occupancy. At least 100 square feet shall be available for each child occupying the outside play area at any one time. Groups of children may be rotated if necessary so that 100 square feet per child is provided at all times.

c.

Location. Playgrounds shall be adjacent to the center or in an area which can be reached by a safe route or method approved by the department. Except in school-age centers, the playground shall have shaded areas.

d.

Fence or approved barriers. Playgrounds shall be protected from traffic or other hazards by a four-foot or higher secure fence or other barrier approved by this department. Fencing material shall not present a hazard to children and shall be maintained so as to prevent children from leaving the playground area by any means other than through an approved access route. Fence gates shall be kept closed except when persons are entering or exiting the area.

e.

Playground surfaces. Except in school-age centers, the playground shall have a surface suitable for varied activities. Hard surfaces, such as gravel, concrete, or paving shall not exceed one-fourth of the total playground area.

f.

Equipment. Playground equipment shall provide an opportunity for the children to engage in a variety of experiences and shall be age-appropriate. For example, toddlers shall not be permitted to swing in swings designed for school-age children. The outdoor equipment shall be free of lead-based paint, sharp corners and shall be regularly maintained in such a way as to be free of rust and splinters that could pose significant safety hazard to the children. All equipment shall be arranged so as not to obstruct supervision of children.

g.

Anchoring of certain equipment. Climbing and swinging equipment shall be anchored.

h.

Fall zones and surfacing. Climbing and swinging equipment shall have a resilient surface beneath the equipment and the fall zone from such equipment must be adequately maintained by the center to assure continuing resiliency.

i.

Safety and upkeep of playground. Playgrounds shall be kept clean, free from litter and free of hazards, such as but not limited to rocks, exposed tree roots and exposed sharp edges of concrete.

(2)

Off-street parking and/or drop-off space adequate to meet the needs of the proposed facility shall be provided. No on-street parking shall be permitted in conjunction with any child day care facility. Adequate drop-off/pickup traffic circulation shall be provided to prevent vehicle backup onto city streets. Mayor and council may attach conditions to an approval or may deny approval of a child day care facility upon finding that the proposed facility is within 500 feet of an establishment licensed for the sale of alcoholic beverages or within 500 feet of potentially hazardous land uses or activities that present unacceptable risks to operation of a child day care facility. "Potentially hazardous land uses or activities" include, but are not limited to, gasoline service stations, heavy industrial operations, storage of flammable materials, high pressure underground pipelines or truck or rail loading areas. Applications within 500 feet of these hazardous land uses shall provide a written evacuation plan to be considered by mayor and council.

Mayor and council may attach conditions to an approval or may deny approval of a child day care facility upon a finding that traffic conditions present unacceptable risks to operation of the facility and/or the safety of children proposed to be served by the facility or that traffic impacts associated with the proposed facility would substantially jeopardize the appropriate use of neighboring properties.

(Ord. No. 2019-003, § 1, 2-11-2019; Ord. No. 2019-011, § 1, 6-3-2019; Ord. No. 2021-014, § 1(Exh. A), 6-14-2021; Ord. No. 2022-009, § 1(Exh. A), 3-14-2022; Ord. No. 2023-008, § 1(Exh. A), 8-14-2023)

Family day care home means a private residence operated by any person who receives therein for pay for supervision and care fewer than 24 hours per day, without transfer of legal custody, at least three, but not more than six children under 18 years of age who are not related to such person and whose parents or guardians are not residents in the same private residence.

Family day care homes may be permitted as a conditional use in an R-2, R-4, RH-1 or H-2 district, subject to the following conditions:

(1)

The exterior of the dwelling shall not be altered in a manner inconsistent with dwellings in the immediate neighborhood that are occupied in single-family use.

(2)

No parking facility shall be installed in the front yard.

(3)

Must provide an outdoor play area containing a minimum area of 500 square feet. Such play area shall be fenced using a minimum fence height of four feet and established in the rear yard. A stockade type fence shall be installed along any boundary with a residential use. Such fencing shall comply with the building setback of the adjoining residential property, as appropriate.

(Ord. No. 2019-003, § 1, 2-11-2019; Ord. No. 2019-011, § 1, 6-3-2019; Ord. No. 2021-014, § 1(Exh. A), 6-14-2021; Ord. No. 2022-009, § 1(Exh. A), 3-14-2022; Ord. No. 2024-006, § 1(Exh. A), 6-10-2024)

Adult day care home means a facility in which for compensation at least three, but not more than six persons 18 years of age or older, who have difficulty in functioning independently, receive care for fewer than 24 hours per day without transfer of legal custody.

Adult day care homes may be permitted as a conditional use in an R-2 or R-4 district, subject to the following conditions:

(1)

On-site parking and/or drop-off space adequate to meet the needs of the proposed facility shall be provided.

(2)

The exterior of the dwelling shall not be altered in a manner inconsistent with dwellings in the immediate neighborhood that are occupied in single-family use.

(3)

No parking facility shall be installed in the front yard.

(Ord. No. 2019-003, § 1, 2-11-2019; Ord. No. 2019-011, § 1, 6-3-2019; Ord. No. 2021-014, § 1(Exh. A), 6-14-2021; Ord. No. 2024-006, § 1(Exh. A), 6-10-2024)

Adult day care center means a facility in which for compensation seven or more persons 18 years of age or older, who have difficulty in functioning independently, receive care for fewer than 24 hours per day without transfer of legal custody.

Adult day-care centers may be permitted as a conditional use in a CCM, H-2, O&I, M-X, C-1, or C-2 district, subject to the following conditions:

(1)

Must be located on a street having a classification of collector or greater.

(2)

Must be established on a lot having a minimum area of one acre.

(3)

On-site parking and/or drop-off space adequate to meet the needs of the proposed facility shall be provided.

(4)

An outdoor amenity area containing a minimum area of 2,000 square feet and comprised of such furnishings as benches, picnic tables and shelters as well as pedestrian walks to create an amenity suitable for adults must be provided.

(5)

Mayor and council may attach conditions to approval of a facility which have as their purpose protection of the public health, safety, morals, and general welfare, or mayor and council may deny approval of an adult day care facility upon a finding that conditions on or near such proposed facility render it unsuitable for establishment of an adult day care facility.

(Ord. No. 2019-003, § 1, 2-11-2019; Ord. No. 2019-011, § 1, 6-3-2019; Ord. No. 2020-006, § 2, 3-9-2020; Ord. No. 2021-014, § 1(Exh. A), 6-14-2021; Ord. No. 2022-009, § 1(Exh. A), 3-14-2022)

Personal care home means any dwelling that provides or arranges for the provision of housing, food service, and one or more personal services for two or more adults who are not related to the owner or administrator by blood or marriage. Personal services include, but are not limited to, individual assistance with and supervision of self-administered medications and essential activities or daily living such as eating, bathing, grooming, dressing, and toileting.

Personal care homes may be permitted as a conditional use in an O&I or C-2 district, subject to the following conditions:

(1)

The personal care home shall provide on-site parking and/or drop-off space adequate to meet the needs of the proposed facility;

(2)

The operator of the personal care home shall provide the Jonesboro police and Clayton County fire departments a current list of residents living in the facility who have disabilities, and information concerning special needs, so as to ensure each resident's safety and evacuation from the premises in the event of a fire or similar emergency.

(3)

The personal care home shall obtain all required federal and state permits and/or licenses.

(Ord. No. 2019-003, § 1, 2-11-2019; Ord. No. 2019-011, § 1, 6-3-2019; Ord. No. 2021-014, § 1(Exh. A), 6-14-2021; Ord. No. 2024-006, § 1(Exh. A), 6-10-2024)

Group home for the disabled means any dwelling unit designed for single-family occupancy and occupied by no more than eight disabled individuals. Group homes do not include boarding houses, halfway houses, homeless shelters or similar occupancy, nor shall the term include occupancy by any releases of any penal institution or place for persons convicted of a crime, persons found to be juvenile delinquents or juveniles found to be persons in need of supervision. In addition to disabled individuals, up to two additional occupants acting as house parents or guardians may reside in a group home.

Group homes may be permitted as a conditional use in an R-2 and R-4 district, subject to the following conditions:

(1)

No additional parking beyond the existing driveway and garage areas shall be permitted on the property where the group home is located, and vehicles may only be parked in such areas. Should additional parking be required, the operator of the group home may apply for an administrative variance from the zoning administrator or his designee; any increase in pavement shall be confined to the rear of the lot.

(2)

The operator of the group home shall provide the Jonesboro Police Department and Clayton County Fire Department with a current list of residents living in the facility who have disabilities, and information concerning special needs, to ensure each resident's well-being and safe evacuation from the premises in the event of a fire or similar emergency.

(3)

Any modifications to the existing structure shall not increase the square footage of the structure.

(4)

Any exterior modifications to the existing structure shall be consistent with the residential character of the surrounding neighborhood.

(5)

A group home shall not be established within 1,500 feet of an existing group home.

(6)

The group home shall not require occupancy of individual bedrooms by more than two individuals.

(7)

Group homes shall comply with all fire and life safety codes, and obtain all federal and state permits or licenses, as appropriate.

(8)

The existing structure shall be upgraded and inspected by the city with respect to accommodation and accessibility by disabled individuals.

(Ord. No. 2019-003, § 1, 2-11-2019; Ord. No. 2019-011, § 1, 6-3-2019; Ord. No. 2021-014, § 1(Exh. A), 6-14-2021; Ord. No. 2023-006, § 1(Exh. A), 7-10-2023)

Libraries may be permitted as a conditional use in an R-2, R-4, CCM, RM, H-1, H-2, MX, C-1, C-2 or M-1 district, subject to the following conditions:

(1)

A landscaped buffer having a minimum horizontal dimension of 20 feet and an average horizontal dimension of 30 feet shall be maintained when abutting a residential use.

(2)

Must be established on a lot having a minimum area of one acre and a minimum frontage of 150 feet.

(3)

Must be stand-alone buildings (no planned centers, connected storefronts sharing a common wall, or lots with zero lot line development or shared parking).

(4)

Must meet the requirements of article XIII, parking, loading, and interior circulation.

(5)

No paved parking area shall be established within 25 feet of a lot that is zoned residential or contains a residential use.

(6)

Height regulations. The maximum height for buildings abutting a residential district or use shall be three stories or 35 feet as measured at any point 30 feet from any common property line. Building height may be increased one foot for every additional foot beyond a distance of 30 feet from any common property line; however, no building shall ever exceed a total height of 75 feet.

(Ord. No. 2019-003, § 1, 2-11-2019; Ord. No. 2019-011, § 1, 6-3-2019; Ord. No. 2021-014, § 1(Exh. A), 6-14-2021; Ord. No. 2024-006, § 1(Exh. A), 6-10-2024)

The following conditions are assigned in the H-2, O&I and MX districts:

(1)

A maximum of 90 dwelling units shall be permitted.

(2)

Must be located on a street having a classification of collector or greater.

(3)

Must be established on a lot having a minimum area of two acres.

(Ord. No. 2019-003, § 1, 2-11-2019; Ord. No. 2019-011, § 1, 6-3-2019; Ord. No. 2021-014, § 1(Exh. A), 6-14-2021; Ord. No. 2023-008, § 1(Exh. A), 8-14-2023; Ord. No. 2024-006, § 1(Exh. A), 6-10-2024)

The following conditions are assigned in the H-1, H-2 [and] MX districts:

(1)

Establishments shall be limited to a maximum floor area of 2,000 square feet.

(2)

No activities shall occur in parking lot or other outdoor areas.

(Ord. No. 2019-003, § 1, 2-11-2019; Ord. No. 2019-011, § 1, 6-3-2019; Ord. No. 2021-014, § 1(Exh. A), 6-14-2021; Ord. No. 2023-008, § 1(Exh. A), 8-14-2023)

Editor's note— Ord. No. 2021-014, § 1(Exh. A), adopted June 14, 2021, amended the title of § 86-130 to read as herein set out. The former § 86-130 title pertained to NAICS 71312—amusement arcades.

The following conditions are assigned in the H-1, H-2 and C-2 districts:

(1)

The sale or on-premises consumption of alcoholic beverages is prohibited.

(2)

No activities shall occur in parking lot or other outdoor areas.

(Ord. No. 2019-003, § 1, 2-11-2019; Ord. No. 2019-011, § 1, 6-3-2019; Ord. No. 2022-009, § 1(Exh. A), 3-14-2022; Ord. No. 2023-008, § 1(Exh. A), 8-14-2023)