District regulations shall be set forth in the schedule of district regulations, hereby adopted by reference and declared to be part of this chapter.

(Code 1994, § 110-1; Ord. No. 02-02, § 1, 5-13-2002)

(a)

There exist certain uses of land which are compatible and acceptable when located in a residential district, provided that each use conforms to the use and space limits of the particular residential district.

(b)

Unless otherwise stated, the following uses are allowed in all residential districts subject to the restrictions imposed by the district regulations:

(1)

Permitted uses:

a.

Single-family dwellings.

b.

Local, state and federal government buildings.

c.

Home occupations.

(2)

Accessory uses:

a.

Accessory structures, provided that an accessory structure shall be located entirely within the rear yard and shall not be closer than ten feet from any property line. Accessory structures shall not be larger than 16 by 20 feet and shall not exceed a height of 15 feet.

b.

Carports and garages when not otherwise provided.

c.

Subdivision recreation areas owned, operated and maintained by homeowners' associations exclusively for the use of residents and their guests.

d.

The parking of one unoccupied travel trailer, motor coach or pleasure boat subject to provisions of this chapter.

e.

Railroad through and spur tracks, but not sidings and/or terminal facilities.

(3)

Conditional uses:

a.

Churches, synagogues, chapels and other places of worship and instruction and related recreational and educational activities when located on a major thoroughfare having minimum street classification of a collector street and having a minimum frontage of 200 feet. The minimum site area shall be three acres, and all buildings shall be located not less than 50 feet from any property line. The parking areas and driveways shall be located at least 30 feet from any property line, with a visual screen provided by a six-foot-high fence. A planted buffer strip of not less than 20 feet in width shall be provided along all side and rear property lines. Housing, in the form of a single-family detached residence, for a principal worship leader and his/her immediate family may be allowed as an accessory use if the lot is at least four acres.

b.

Cemeteries.

c.

Publicly owned and operated parks and recreation areas.

d.

Country clubs including golf courses, swimming pools, tennis clubs and neighborhood clubhouses, all of which shall be located on a site of at least one acre and open only to paid memberships. Sleeping quarters for other than one caretaker, manager, employee or security guard shall be prohibited.

e.

Public, parochial and private schools and colleges including dormitories, convents and monasteries, when such facilities are located on the same site of the school or college. Any such facility shall front on a thoroughfare having minimum frontage of 200 feet. The minimum site area shall be three acres.

f.

Nursery schools and kindergartens, provided that at least 150 square feet of outdoor play area and 35 square feet of indoor space is provided for each child. The outdoor play areas shall be enclosed by a decorative fence at least four feet in height.

(Code 1994, § 110-1; Ord. No. 02-02, § 1, 5-13-2002; Ord. No. 2019-02, § 2, 10-14-2019)

(a)

Purpose. The purpose of the RS-200 Single-Family Residence District is to provide for the development of single-family residences on individual lots.

(b)

Permitted uses. Those permitted uses common to all residential districts are permitted in the RS-200 district.

(c)

Accessory uses. Those accessory uses common to all residential districts are accessory uses in the RS-200 district.

(d)

Conditional uses. Those conditional uses common to all residential districts are conditional uses in the RS-200 district.

(e)

Space limits. Space limits in the RS-200 district are as follows:

(1)

Minimum lot area: 20,000 square feet.

(2)

Minimum lot width: 100 feet.

(3)

Minimum front yard: 60 feet on major thoroughfare and 50 feet on minor or local street.

(4)

Minimum rear yard: 40 feet.

(5)

Minimum side yard: 15 feet, but if a corner lot, the minimum setback shall be 25 feet.

(6)

Maximum building height: 35 feet.

(7)

Maximum ground coverage: 25 percent.

(8)

Minimum floor area: 2,000 square feet.

(Code 1994, § 110-1; Ord. No. 00-02, § 1(9.3), 1-10-2000; Ord. No. 02-02, § 1, 5-13-2002)

(a)

Purpose. The purpose of the RS-150 Single-Family Residence District is to provide for the development of single-family residences on individual lots.

(b)

Permitted uses. Those permitted uses common to all residential districts shall be permitted uses in the RS-150 district.

(c)

Accessory uses. Those accessory uses common to all residential districts shall be accessory uses in the RS-150 district.

(d)

Conditional uses. Those conditional uses common to all residential districts shall be conditional uses in the RS-150 district.

(e)

Space limits. Space limits in the RS-150 district are as follows:

(1)

Minimum lot area: 15,000 square feet.

(2)

Minimum lot width: 75 feet.

(3)

Minimum front yard: 60 feet on major thoroughfare and 40 feet on minor or local street.

(4)

Minimum rear yard: 40 feet.

(5)

Minimum side yard: 10 feet, but if a corner lot, the minimum setback shall be 20 feet.

(6)

Maximum building height: 35 feet.

(7)

Maximum ground coverage: 30 percent.

(8)

Minimum floor area: 1,450 square feet.

(Code 1994, § 110-1; Ord. No. 02-02, § 1, 5-13-2002)

(a)

Purpose. It is the intent of the RM Multiple-Family Residence District to accommodate development of a multiple-family character and other uses of compatible nature on smaller lots where public water and sewer systems are provided.

(b)

Permitted uses. The following uses shall be permitted in the RM district:

(1)

Attached single-family dwellings.

(2)

Two-family dwellings.

(3)

Multiple-family dwellings when located on a street having minimum classification of major collector.

(c)

Accessory uses. Those accessory uses common to all residential districts shall be accessory uses in the RM district.

(d)

Conditional uses. Those conditional uses common to all residential districts shall be conditional uses in the RM district.

(e)

Space limits. Space limits in the RM district are as follows:

(1)

Minimum lot area: 20,000 square feet for two-family residences, and 4,000 square feet per dwelling unit for multiple-family residences.

(2)

Minimum lot width: 75 feet.

(3)

Minimum front yard: 60 feet on major thoroughfare and 40 feet on minor or local street.

(4)

Minimum rear yard: 30 feet.

(5)

Minimum side yard: ten feet, but if a corner lot, the minimum setback shall be 20 feet.

(6)

Maximum building height: 35 feet

(7)

Maximum ground coverage: 30 percent. Utility easements and floodplains are excluded from density calculations in multiple-family projects unless such lands are to be utilized for recreational purposes, provided that recreational uses are constructed prior to leasing of any dwelling units.

(8)

Minimum floor area: 1,000 square feet per dwelling unit for two-family residences, 950 square feet per dwelling unit for multiple-family residences with two bedrooms, 750 square feet for multiple-bedroom, and 450 square feet for efficiency residences in a multifamily building.

(f)

Miscellaneous provisions. The following miscellaneous provisions apply to the RM district:

(1)

To facilitate innovative siting of buildings in attached single-family, two-family and multiple-family developments, the entire parcel shall be considered as one lot when determining setback requirements.

(2)

The minimum distance between attached single-family, two-family and multiple-family residential buildings shall be 20 feet.

(Code 1994, § 110-1; Ord. No. 02-02, § 1, 5-13-2002)

(a)

Purpose. The RMH Mobile Home or Manufactured Home Park Residence District is comprised of certain lands within the city which are intended for use by mobile home or manufactured home parks, such as premises to be offered for rent to mobile home or manufactured home owners.

(b)

Permitted uses. The following uses are permitted in the RMH district:

(1)

Mobile home or manufactured home parks having a minimum of 80 mobile home or manufactured home lots.

(c)

Accessory uses. The following are accessory uses in the RMH district:

(1)

One office/maintenance building incidental to use by residents of the mobile home or manufactured home park.

(2)

No mobile home or manufactured home sales or repair facilities of any type (including automobile repair) shall be permitted.

(d)

Conditional uses. There are no conditional uses in the RMH district.

(e)

Space limits. Space limits in the RMH district are as follows:

(1)

Minimum site area for mobile home or manufactured home park: ten acres.

(2)

Minimum site width for mobile home or manufactured home park: 400 feet fronting on a street having minimum classification of a major collector.

(3)

Minimum area for mobile home or manufactured home lot: 5,000 square feet.

(4)

Minimum width for mobile home or manufactured home lot: 60 feet.

(5)

Minimum front yard: 40 feet.

(6)

Minimum rear yard: 30 feet.

(7)

Minimum side yard: ten feet.

(8)

Maximum building height: 35 feet.

(9)

Maximum ground coverage: 40 percent.

(10)

Minimum floor area: 600 square feet.

(f)

Miscellaneous provisions. The following miscellaneous provisions apply in the RMH district:

(1)

All mobile homes or manufactured homes locating in a mobile home or manufactured home park subsequent to the date of adoption of the resolution from which this chapter is derived shall provide documentation of compliance with the National Mobile Home Construction and Safety Act or compliance with specifications presented by the American National Standards Institute. Existing mobile homes within city mobile home or manufactured home parks not in compliance with either of these standards are nonconforming.

(2)

No mobile home or manufactured home or accessory structure shall be located within 100 feet of the right-of-way line of any federal or state highway or within 50 feet of the right-of-way line of any other street.

(3)

No mobile home or manufactured home or accessory structure shall be located within 40 feet of any exterior boundary of a mobile home or manufactured home park.

(4)

Each mobile home or manufactured home space within a park shall be clearly delineated and shall abut a paved street or driveway. All streets and driveways shall be properly designed and shall have a minimum pavement width of 24 feet.

(5)

Mobile home or manufactured home park site plans shall comply with regulatory requirements of this Code, the Clayton County Code, and to the provisions of the Clayton County Zoning Ordinance that relate to mobile home or manufactured home parks.

(g)

Location of mobile homes or manufactured homes. It shall be unlawful for any person to park or locate a mobile home or manufactured home or house trailer, whether used as a residence or not, in the city, except on property specifically zoned for such purpose, without first obtaining permission of the mayor and council. The mayor and council may grant only temporary permission, not to exceed nine months, and only when:

(1)

Such mobile home or manufactured home or house trailer is to be used as a construction office and is to be moved upon job completion.

(2)

Such mobile home or manufactured home or house trailer is to be used as a temporary classroom or office for public school purposes when the use of the mobile home or manufactured home or house trailer is brought about by overcrowding of the main structure.

(3)

Such mobile home or manufactured home or house trailer is to be used temporarily for religious purposes in conjunction with an already established church that has become overcrowded.

(4)

Due to special circumstances, to deny permission to use such mobile home or manufactured home or house trailer would, in the discretion and opinion of the mayor and council, work a special hardship on some person.

(h)

Mobile home or manufactured home parks. Mobile home or manufactured home parks shall comply with the following requirements:

(1)

A site plan shall be submitted to and approved by the mayor and council prior to development or expansion. No mobile homes or manufactured homes shall be placed in the new area of an existing park or a new park until the final site plan is approved by the mayor and council.

(2)

The maximum overall mobile home or manufactured home park density shall not exceed five units per gross acre.

(3)

No additions shall be made to a mobile home or manufactured home park or mobile home or manufactured home that will violate setback requirements. All additions shall be approved by the building inspector.

(4)

Each mobile home or manufactured home unit shall be installed on a concrete block foundation, of which the base block shall be solid and equal in size to the pier block size (a minimum of eight inches by eight inches by 16 inches). Top course of such parts of foundation shall be a solid cap block with a minimum dimension of four inches by eight inches by 16 inches. The mobile home or manufactured home unit shall be installed true and plumb. The tongue and wheels shall be removed and an approved permanent skirting shall be installed.

(5)

All streets and driveways within the mobile home or manufactured home park shall be lighted between sunset and sunrise with electric lights emitting light at an intensity of at least 5,000 lumens, and the light poles shall be no more than 250 feet apart.

(6)

An adequate supply of pure, potable water for drinking and domestic purposes shall be supplied by pipes to all buildings and mobile home or manufactured home spaces within the park. Each mobile home or manufactured home stand shall be provided with an approved cold water connection and a tap (hydrant) constructed in accordance with the plumbing standards adopted by the city.

(7)

The following conditions regarding sanitation shall be complied with:

a.

The area around and underneath each mobile home or manufactured home unit shall be kept clean and free from collection of refuse, rubbish, glass bottles or other unsightly material.

b.

Refuse control shall be provided by either of the following methods:

1.

Centrally located trash dumpsters. One such refuse collection station shall be provided for each 20 mobile home or manufactured home spaces, or fraction thereof, conveniently located to serve tenants, not more than 200 feet from any space served, and shall be conveniently located for collection. Such station shall be constructed with a concrete floor and appropriate enclosure methods.

2.

A centrally located trash compactor. Regardless of the method to be utilized, plans for trash disposal are subject to approval by the mayor and council before approval is granted for development.

c.

No mobile home or manufactured home park shall be served by a privy.

d.

Every mobile home or manufactured home park shall be equipped at all times with fire equipment in good working order and of such type, size, number and location as to satisfy applicable fire regulations of the city. No open fires or burning of leaves or other refuse shall be permitted within the boundaries of any mobile home or manufactured home park.

(8)

Each mobile home or manufactured home in a mobile home or manufactured home park shall be provided with safety tie-downs in conformance with the city's building code requirements.

(9)

A minimum of 15 percent of the gross acreage of the mobile home or manufactured home park shall be set aside for recreational use by residents of the mobile home or manufactured home park. Such recreational park shall be one contiguous tract or several tracts each no smaller than one-half acre and located within the mobile home or manufactured home park in such a manner as to be convenient to all its residents. The recreational park shall be located on land suitable for park development and shall contain a sufficient amount of play equipment designed for elementary school age children.

(10)

Mobile home or manufactured home parks shall be surrounded by planted buffers at least 25 feet in depth on the sides and rear; provided, however, that no side and rear buffer is required between adjacent mobile home or manufactured home developments.

(11)

Coin-operated laundries for the use of the residents of the mobile home or manufactured home park shall be permitted within enclosed buildings inside the park. Building structures containing such laundries may also contain vending machines and recreational rooms and activities. More intensive commercial uses than those specified herein are strictly prohibited.

(12)

The regulations governing mobile home or manufactured home parks prescribed by the health department, as well as other city, county or state regulations, shall be complied with.

(13)

Each mobile home or manufactured home space shall have the following:

a.

A concrete patio at least four inches thick with minimum dimensions of 40 feet by eight feet within each trailer space;

b.

A wooden deck having a surface area of at least 320 square feet; or

c.

A combination of a concrete patio at least four inches thick and a wooden deck, built to building code standards provided the combined surface area (excluding steps) is at least 320 square feet.

(Code 1972, § 4-10; Code 1994, §§ 58-1, 58-2, 110-1; Ord. No. 02-02, § 1, 5-13-2002)

State Law reference— Classification of mobile homes as a separate class of property for ad valorem property tax purposes, Ga. Const. art. VII, § I, ¶ III; ad valorem taxation of mobile homes, O.C.G.A. § 48-5-440 et seq.; issuance of mobile home location permits; display of decals, O.C.G.A. § 48-5-492; the Uniform Standards Code for Manufactured Homes Act, O.C.G.A. § 8-2-130 et seq.

(a)

Purpose. The OI Office/Institutional District is intended to encourage development of suitable business and professional enterprise, hospitals, medical and dental facilities of a character and density deemed compatible with the primary purpose of this district. Limited retail uses normally appurtenant to office/institutional uses are also permitted.

(b)

Permitted uses. The following uses are permitted in the OI district:

(1)

Churches and similar religious facilities.

(2)

Clubs and lodges of a business character.

(3)

Colleges and universities, business colleges, vocational-technical schools.

(4)

Hospitals and clinics, but not veterinary facilities.

(5)

Libraries, museums and art galleries.

(6)

Medical and dental clinics and offices.

(7)

Nursing and rest homes.

(8)

Professional and business offices, provided that wholesale or retail merchandise is not offered for sale.

(9)

Public and governmental buildings and offices.

(10)

Retail uses in conjunction with, and normally appurtenant to, office/institutional uses to include florist shops, cafeterias and snack shops located within office or medical pharmacies and gift shops.

(11)

Other uses as may be determined by the mayor and council to be similar and compatible with the above-listed permitted uses.

(c)

Accessory uses. The following are accessory uses in the OI district: Parking lots and parking structures of a commercial nature.

(d)

Conditional uses. There are no conditional uses in the OI district.

(e)

Space limits. Space limits in the OI district are as follows:

(1)

Minimum lot area: 20,000 square feet.

(2)

Minimum lot width: 100 feet.

(3)

Minimum front yard: 75 feet on major thoroughfare and 60 feet on minor or local street.

(4)

Minimum rear yard: 20 feet.

(5)

Minimum side yard: 20 feet, but 30 feet if a corner lot.

(6)

Maximum building height: 40 feet.

(7)

Maximum ground coverage: 40 percent.

(Code 1994, § 110-1; Ord. No. 01-02, § 6(9.8), 7-9-2001; Ord. No. 02-02, § 1, 5-13-2002)

(a)

Purpose. The BN Neighborhood Business District provides a location for limited retail and service uses to satisfy the common and frequent needs of the residents of nearby residential neighborhoods. It is the intent of this district to encourage such uses to be a part of a neighborhood convenience (a continuous architectural unit) center on a street having minimum classification of a collector when proximate to the neighborhood to be served.

(b)

Permitted uses. The following uses are permitted in the BN district:

(1)

Apparel stores.

(2)

Banks, including drive-in banks, provided that both the teller's cage and vehicles awaiting service are located completely off the public right-of-way and provision is made to accommodate a minimum of five waiting vehicles per service window.

(3)

Bakeries, whose entire products are sold at retail on the premises.

(4)

Barbershops, beauty parlors and similar personal service establishments.

(5)

Books, stationary and card shops.

(6)

Business and professional offices.

(7)

Convenience stores, but not including those that dispense gasoline or petroleum products.

(8)

Drug stores and apothecary shops.

(9)

Florist and gift shops.

(10)

Gift and card shops.

(11)

Grocery, fruit, vegetable, and meat markets, including supermarkets, when located as part of a continuous architectural unit (shopping center). No killing, eviscerating, skinning, plucking or smoking of food products is permitted.

(12)

Hardware and appliance stores selling at retail.

(13)

Jewelry stores.

(14)

Laundromats.

(15)

Loan offices.

(16)

News and tobacco stores.

(17)

Photographic processing facilities where processing is not accomplished on the premises.

(18)

Reserved.

(19)

Radio/television repair, including the sale of supplies and equipment.

(20)

Shoe repair shops.

(21)

Shopping centers.

(22)

Tailors and clothing shops.

(23)

Other retail and service uses as may be determined by the mayor and council to be similar and compatible with the above-listed permitted uses.

(c)

Accessory uses. There are no accessory uses in the BN district.

(d)

Conditional uses. There are no conditional uses in the BN district.

(e)

Space limits. Space limits in the BN district are as follows:

(1)

Minimum lot area: 10,000 square feet.

(2)

Minimum lot width: None.

(3)

Minimum front yard: 75 feet on major thoroughfare and 60 feet on minor or local street.

(4)

Minimum rear yard: 20 feet.

(5)

Minimum side yard: 20 feet, but 30 feet if a corner lot.

(6)

Maximum building height: 35 feet.

(7)

Maximum ground coverage: 40 percent.

(Code 1994, § 110-1; Ord. No. 01-02, § 7(9.9), 7-9-2001; Ord. No. 02-02, § 1, 5-13-2002; Ord. No. 2017-2, § 1, 1-9-2017)

(a)

Purpose. The purpose of the BG General Business District is to provide for a wide range of retail, service and wholesale establishments requiring a location accessible to large segments of the population.

(b)

Permitted uses. The following uses shall be permitted in the BG district:

(1)

Any use permitted in the BN district.

(2)

Automobile retail establishments.

(3)

Reserved.

(4)

Bicycle sales and repair shops.

(5)

Bowling alleys.

(6)

Bus terminals.

(7)

Business and commercial schools, including seminaries and other similar religious educational institutions.

(7.1)

Convenience stores.

(8)

Dancing schools including group instruction.

(9)

Drive-in configurations of any business otherwise permitted in this district, provided that any such establishment shall provide adequate off-street space for the maneuvering and storage of patrons' vehicles, and further provided that there be a sturdy, close woven or solid fence suitable for the retaining of any discarded paper or other material on all sides of the parking area except the front, and provided no music or loud speaker system shall be installed or operated that can be heard at neighboring residential, motel or motor hotel properties, and providing all lighting shall be directed and shielded so as to light only the property of such establishment.

(10)

Dry cleaners and laundries employing not over five persons exclusive of drivers.

(11)

Feed and seed stores.

(12)

Funeral homes.

(13)

Furniture and antique stores including used furnishings.

(14)

Gasoline service stations.

(15)

Greenhouses and nurseries.

(16)

Professional type assembly and repair of such items as eyeglasses, custom jewelry, prosthetic devices and other similar services and manufacture.

(17)

Music stores.

(18)

Reserved.

(19)

Painting and decorating stores.

(20)

Parking lots and structures.

(21)

Reserved.

(22)

Pet shops.

(23)

Printing, job, when mechanical operation is not visible from a street, and employing not more than four persons.

(24)

Radio and television stations, except transmission towers over 35 feet high.

(25)

Restaurants.

(26)

Shopping centers.

(27)

Stationery and office machines sales and service.

(28)

Theaters (indoor).

(29)

Upholstery shops.

(30)

Reserved.

(31)

Warehouses with no outdoor storage.

(32)

Wholesale stores, but not establishments operated primarily as a warehouse. A wholesale store shall not be distinguished from a warehouse if there is at least one square foot or more of office, sales and display space for each square foot of warehousing space, and the building is so arranged as to encourage walk-in trade.

(c)

Accessory uses. Accessory uses in the BG district are those determined by the mayor and council to be customarily appurtenant to those uses permitted in this district.

(d)

Conditional uses. The following shall be conditional uses in the BG district:

(1)

Ambulance service.

(2)

Auction gallery.

(3)

Animal hospital or clinic, provided there are no outside runs or pens.

(4)

Auto laundry.

(5)

Building and lumber supply establishments.

(6)

Campgrounds for travel trailer or motor coaches.

(7)

Churches and their customary related uses.

(8)

Clubs and lodges.

(9)

Mortuaries and crematoriums.

(10)

Outdoor amusement enterprises, including pony riding, miniature golf, carnivals and bazaars.

(11)

Outdoor theatres.

(12)

Trade shops.

(13)

Mini-warehouses.

(e)

Prohibited uses. The following uses shall be prohibited in the BG district:

(1)

Pawn shops, as defined in section 42-124.

(f)

Space limits. Space limits in the BG district are as follows:

(1)

Minimum lot area: 10,000 square feet.

(2)

Minimum lot width: None.

(3)

Minimum front yard: 75 feet on major thoroughfare and 60 feet on minor or local street.

(4)

Minimum rear yard: five feet.

(5)

Minimum side yard: five feet but 30 feet if a corner lot.

(6)

Maximum building height: 40 feet.

(7)

Maximum ground coverage: 80 percent.

(Code 1994, § 110-1; Ord. No. 01-02, § 9(9.10), 7-9-2001; Ord. No. 02-02, § 1, 5-13-2002; Ord. No. 2015-3, § 2, 10-12-2015; Ord. No. 2016-06, §§ 3, 4, 7-11-2016; Ord. No. 2018-01, § 3, 1-8-2018; Ord. No. 2019-02, § 3, 10-14-2019)

(a)

Purpose. The purpose of the M Manufacturing District is to provide for heavy commercial and light industrial uses, all of which shall be nuisance free and not generators of hazardous wastes. It is intended that light manufacturing uses shall be located on either arterial or major collector streets or within industrial parks having access to such thoroughfares.

(b)

Permitted uses. The following uses are permitted in the M district:

(1)

Any use permitted in the BG district.

(2)

Any commercial or industrial use which involves manufacturing, processing or assembly operations or the storage and sale of heavy materials, products or equipment; but not including uses which may cause injurious or obnoxious noise, vibrations, smoke, gas, fumes, odor, dust, fire hazard or other objectionable conditions to nearby areas.

(3)

Airports and landing areas.

(4)

Automobile brokers.

(4a)

Automobile dealers.

(4b)

Automobile repair garages.

(4c)

Automobile sales establishments.

(4d)

Automobile salvage shops.

(4e)

Automobile service stations.

(4f)

Used automobile sales establishments.

(5)

Bakeries and other establishments manufacturing prepared foods and miscellaneous food products.

(6)

Bottling plants.

(7)

Cabinet shops.

(8)

Clinics, cafeterias, employee credit unions and recreational facilities for employees only.

(9)

Cold storage, ice plants and freezer lockers.

(10)

Dairy plants and ice cream manufacturing.

(11)

Distribution of products and merchandise.

(12)

Dry cleaning and laundering establishments.

(13)

Education and training facilities, including seminaries and other similar religious educational institutions.

(14)

Electrical appliances and equipment, sales and repairs.

(15)

Electronic manufacturing and assembly plants.

(16)

Fabricating shops such as woodworking, upholstery and sheet metal shops.

(17)

Flea markets.

(18)

Garages, repair shops and machine shops.

(19)

Offices and administrative facilities.

(19a)

Pawn shops.

(20)

Plumbing shops and other contractors, but excluding open storage.

(21)

Printing, publishing and reproducing establishments.

(22)

Sign painting and fabricating shops.

(22a)

Tattoo parlors.

(23)

Textile manufacturing plants.

(24)

Tire recapping and retreading shops.

(25)

Truck and bus terminals.

(26)

Wholesaling or warehousing.

(c)

Accessory uses. Accessory uses in the M district shall be those determined by the mayor and council to be customarily appurtenant to those uses permitted in this district.

(d)

Conditional uses. The following are conditional uses in the M district: Carnival rides for periods not to exceed 30 days.

(e)

Prohibited uses. The following uses shall be prohibited in the M district:

(1)

Junk or salvage yards, as defined in section 42-124.

(f)

Space limits. Space limits in the M district are as follows:

(1)

Minimum lot area: 20,000 square feet.

(2)

Minimum lot width: 100 feet.

(3)

Minimum front yard: 75 feet on major thoroughfare and 60 feet on minor or local street.

(4)

Minimum rear yard: 20 feet.

(5)

Minimum side yard: 20 feet, but 30 feet if a corner lot.

(6)

Maximum building height: 60 feet.

(7)

Maximum ground coverage: 60 percent.

(Code 1994, § 110-1; Ord. No. 01-02, § 8(9.11), 7-9-2001; Ord. No. 02-02, § 1, 5-13-2002; Ord. No. 06-03, § 1(9.11), 6-12-2006; Ord. No. 2015-3, § 4, 10-12-2015; Ord. No. 2016-06, §§ 5—7, 7-11-2016; Ord. No. 2019-02, § 4, 10-14-2019)

(a)

Purpose. The purpose of the SCR Shopping Center Reuse District is to allow the repurposing of an existing development of land to provide for a wide range of retail, service and wholesale establishments. It is the intent of the mayor and council that this district be utilized by owners and developers of existing developments, currently configured for a market that no longer exists, so as to allow them to subdivide the property into ownership interests that can be bought and sold on the open market. The anticipated use of this district shall allow the reuse of economically distressed strip malls and shopping centers, with significant unused parking areas, to be subdivided into smaller fee simple interests that can be used by smaller retailers and other businesses. While there are no front or side yard setbacks, the fundamental requirement of this district is that all lots must have frontage on a public street, which street shall, in all respects, meet the minimum requirements of street construction for streets to be dedicated to the city. In zoning properties to this use, the mayor and council should be expected to treat each individual proposal as unique, and may attach additional conditions related to the property including, but not limited to, landscaping, use of common areas, parking requirements, setbacks, permitted uses, and other such common zoning requirements, so as to allow maximum flexibility to fashion a result which balances the interests of the owner/developer with those of the public.

(b)

Permitted uses. Any use permitted in the G-1 district shall be permitted in the SCR district.

(c)

Accessory uses. Accessory uses in the SCR district shall be those determined by the zoning administrator to be customarily appurtenant to those uses permitted in the SCR district.

(d)

Conditional uses. Any conditional use permitted in the G-1 district shall be permitted in the SCR district.

(e)

Space limits. The following limits apply only to existing developments in the SCR district:

(1)

Minimum lot area: None.

(2)

Minimum lot width: 20 feet.

(3)

Minimum front yard: none.

(4)

Minimum rear yard: 25 feet.

(5)

Minimum side yard: none.

(6)

Maximum building height: 35 feet.

(7)

Maximum ground coverage: none.

(f)

Miscellaneous provisions. The following miscellaneous provisions apply in the SCR district:

(1)

All lots must have the minimum lot width on a public street, which street meets minimum city standards. This section may not be utilized for new vertical development not existing on the date of adoption of the ordinance from which this section is derived. Notwithstanding any other provision of this chapter, there shall be no minimum parking requirements. Prior to the subdivision of any existing lot pursuant to this section, the owner thereof shall submit to the city attorney sufficient proof that reciprocal easements and reciprocal covenants will be attached to all parking and drive areas so as to insure the adequacy of parking and of common area maintenance. No building may be enlarged without the consent of the mayor and council.

(2)

For purposes of compliance with the sign provisions of article XVII of this chapter, all parcels contiguous to property any other property within this zoning classification shall be treated as one planned center.

(Ord. No. 2014-2, § 1(9.12), 4-14-2014)

(a)

Background and map. The City of Lake City, Georgia, City of Morrow, Georgia, and Clayton College and State University (CCSU) have established a collaborative partnership for the purpose of creating a "Gateway Village Master Plan." The plan will encourage and shape private development proposals within the Gateway Village Development District. The Gateway Village Development District is a zoning tool that will be used to implement the Gateway Village Master Plan. The boundaries are shown on the official zoning map of the City of Lake City, Georgia. The official zoning map identifying the Gateway Village Development District is provided in Appendix M-1, and is hereby made a part of the official zoning map of the City of Lake City, Georgia, pursuant to this chapter. While the master plan is collaborative with the City of Morrow and CCSU, the failure of those two entities to enact similar rules and regulations will not invalidate this legislation within the city limits of the City of Lake City, Georgia.

(b)

Purpose. The G-1 Gateway Village Development District is established as part of a collaborative partnership between the City of Lake City, Georgia, City of Morrow, Georgia, and Clayton College and State University (CCSU) for the purpose of establishing architectural and site design standards for the regulation of new development and construction as well as the creation of a Gateway Village Master Plan. The plan fosters and guides private development proposals within the Gateway Village District. The G-1 district is a zoning classification that will be used to implement the Gateway Village Master Plan. The plan is adopted and incorporated as if fully set out herein as Appendix M-2. However, if the plan in any way conflicts with the provisions of this section, this section shall prevail.

(c)

Definitions. Terms appearing in this section are defined as follows. Terms not defined herein shall be assigned the definitions contained in this chapter, as applied to properties found within the jurisdiction of the city, or if not so defined, shall be assigned the meanings found in standard English dictionaries. If any conflict occurs between a definition found in the City of Morrow, Georgia, ordinances and those of the City of Lake City, Georgia, the definitions found in the City of Lake City ordinances shall prevail for applications on properties located in the City of Lake City, Georgia. Definitions found in the ordinances of the City of Morrow, Georgia, will govern any conflicting definitions for applications on properties located in the City of Morrow, Georgia.

Addition means a non-original element placed onto an existing building, site or structure.

Alteration means any act or process which changes the exterior, architectural appearance of a building.

Appropriate means suitable to or compatible with what exist in the surrounding context or setting.

Build-to line means the mark that represents the distance a structure must be set back from the boundary line of a lot, measured at the foundation of the structure.

Building type. A definition based on floor plan, height and roof shape, related to architectural style.

Building materials means substances used in construction of a building, specifically the exterior elements, which influence character, appearance and durability.

Character means those individual qualities of buildings, sites and districts that differentiate and distinguish them from other buildings, sites and districts.

Compatible means of such character as to not detract from surrounding elements, buildings, sites or structures; consistent and appropriate with the surrounding context and setting.

Component means an individual part of a building, structure, site or district.

Contemporary means a product of the current period; modern.

Context means the setting in which a historic element or building exists.

Design review commission means a body consisting of five members who review all applications for development in the G-1 Gateway Village Development District, suggest any necessary plan changes which are consistent with this section, and offer non-binding recommendations of approval or denial of applications to the mayor and council of the governing authority in which the development applied for is located.

Directional emphasis means the proportion and orientation of a building, characterized as having either a vertical or horizontal emphasis or the orientation of the building facade, either toward the street or other axis. Directional emphasis is determined by the size and placement of elements and openings on a building's facade as well as overall shape.

Dormitories means a building designed with sleeping chambers for 20 or more beds affiliated with a preparatory or high school, or an institution of higher learning.

Element means an individual defining feature of a building, structure, site or district.

Facade means the front of a building; height to width ratios and proportional consistency with structures of influence are typical characteristics to be considered.

Fenestration means the arrangement, size, proportion and design of windows and doors on a building facade.

Gateway Village Development District means a geographic area zoned in such a manner as to encourage and provide standards for private building proposals which is included in the Official Zoning Map of the City of Lake City, Georgia, designated Appendix M-l and fully incorporated as if set out in its entirety herein.

Ground coverage means the portion of a lot occupied by the building footprint and all impervious surfaces with the sole exception of sidewalks.

Massing means the ratio of solid wall space to window and door openings on a building footprint and all impervious surfaces with the sole exception of sidewalks.

New construction means construction of a new element, building or structure.

Node means a geographic area of concentrated traffic usually commercial in nature and often found at the intersection of two transportation routes.

Orientation means direction on a lot followed by the building's dominant lines (i.e., front-to-back or side-to-side).

Pedestrian priority zone means a method to enhance geographic areas so that the area works as a comfortable, functional environment for people on foot as well as in cars or other motorized transportation devices.

Placement means building siting or positioning on a lot, as determined by its setbacks. The term "placement" also refers to the positioning of individual elements on a building.

Proportion means the dimensional relationships of a building facade, particularly the height and width dimensions of window and door openings.

Rhythm means the recurrence of lines, shapes, forms and colors on a building. The term "rhythm" may refer to openings on a building or streetscape elements and buildings themselves which establish a rhythmic pattern.

Scale means the size, both height and width, of a building or structure. Scale is influenced by patterns, shapes and sizes of materials, components and openings. Two forms of scale are used to characterize the built environment: the way in which these elements relate to human size or human scale, and the way buildings relate to one another in terms of scale within a particular setting.

Setting means the immediate, physical environment of a building, structure, site or district.

Shape means surfaces and edges of building and individual elements.

Site means a parcel, lot or tract of land on which an event occurred or a building or structure was or is located.

Siting means orientation and placement of a building on a parcel or lot.

Streetscape means all physical elements that may be viewed along a street frontage.

Structures of influence means those structures comprising the setting in which new construction is proposed.

Style means the visual appearance of a building, structure, site or district depicting the influence of shape, materials, detailing or other features associated with a particular architecture.

Substantially characteristic means that the material in question, such as brickwork, stonework, or roofing material, reflects visual qualities that are sufficiently characteristic of those found in the chosen architectural style to allow a trained observer to confirm that the new construction is consistent with said architectural style.

Substantially proportional means that the building element in question, such as roof pitch, scale, mass, or height, is sufficiently proportional to that found in the chosen architectural style to allow a trained observer to identify the new construction as originating from said architectural style.

Transit oriented development means urban design based on a regional transportation hub, usually rail, which allows corporate suburban offices and mixed communities, including housing and retail structures, accessible by walking.

Volume means the combination of three dimensions of a building or individual element, that is, the length, width and height. Volume is a primary factor in assessing building mass.

(d)

Geographical boundaries. The geographical boundaries of the G-1 Gateway Village Development District are provided in Appendix M-l, and all property shown thereon as lying and being within the district on said map is hereby rezoned to G-1 Gateway Village Development District. This is not an overlay district, but instead is to be understood as a separate zoning district as set out herein. The map attached to the ordinance from which this section is derived as Appendix M-1 shall be adopted and made a part of the official zoning map of the Code. Further, the Official Zoning Map of the City of Lake City, Georgia, is also adopted as set forth herein as Appendix M-1. All buildings, structures, improvements, and uses which exist on this date and which do not conform to the requirements of this section are hereby declared to be nonconforming and may not be expanded, improved, modified or changed in any fashion except as to become conforming to this section.

(e)

Allowable uses. The following uses are allowed as either permitted uses, accessory uses or conditional uses.

(e)

Allowable uses. The following uses are allowed as either permitted uses, accessory uses or conditional uses.

(1)

Permitted uses. The following uses shall be permitted in the G-1 Gateway Village Development District:

a.

Office, corporate center and institutional uses. Office, corporate center and institutional uses, including the following:

1.

University or corporate research and development facilities.

2.

Offices.

3.

Colleges, universities, business colleges, and vocational-technical schools.

4.

Hospitals and medical clinics, not including veterinarian facilities.

5.

Libraries, museums and art galleries.

6.

Retail and personal service uses normally appurtenant to office and institutional uses including cafeterias and snack shops, florists, gift shops and pharmacies.

7.

Business incubators.

8.

Local, state and federal government buildings.

9.

Places of worship.

10.

Passenger rail terminals.

b.

Hotels. Hotels, but not motels, without cooking facilities located in rooms designed or used for guest occupancy. Executive conference and classroom facilities appurtenant to hotels are also permitted.

c.

Commercial uses. Retail uses and facilities intended primarily to provide retail goods and food services, including the following:

1.

Apparel stores.

2.

Banks.

3.

Bakeries, provided that all goods are sold at retail on the premises.

4.

Barbershops, beauty shops and similar personal service establishments.

5.

Books, stationery and card shops.

6.

Dry cleaners, provided that no more than five persons are employed, excluding drivers.

7.

Grocery stores, fruit, vegetable and meat markets, including supermarkets, when part of a continuous building in a shopping center. Slaughtering, eviscerating, skinning of animals or smoking of food products is prohibited.

8.

Indoor theaters.

9.

News stands and tobacco stores.

10.

Photographic studios.

11.

Shopping centers.

12.

Tailors and clothing shops.

13.

Music stores.

14.

Restaurants, excluding restaurants which include a drive-in or drive-through component.

d.

Residential uses.

1.

Single-family detached dwellings, subject to minimum development standards of the RS-150 Single Family Residence District.

2.

Single-family attached dwellings, subject to minimum development standards of the RS-150 Single-Family Residence District.

3.

Multifamily dwellings, subject to development standards of the RM Multiple-Family Residence District.

4.

Dormitories, used to house persons actually attending a state or private university or college.

e.

Mixed uses. A combination of the above uses shall be permitted, either within a single development tract or a single structure. Examples of such appropriate mixed uses are the following:

1.

Residential uses on the upper floors or the building containing office, commercial, retail or institutional uses on the main floor.

2.

Office or institutional uses in combination with commercial or retail establishments.

3.

Parking decks or garages with retail uses.

(2)

Accessory uses and structures. The following uses shall be accessory uses in the G-1 Gateway Village Development District:

a.

Buildings and structures accessory to permitted residential uses as provided in section 42-204.

b.

Home occupations.

c.

Parking lots and parking structures of a commercial nature accessory to a retail, office or institutional use.

d.

The following uses accessory to dormitories:

1.

Group dining facilities serving dormitory residents;

2.

Laundry facilities serving dormitory residents;

3.

Meeting facilities serving dormitory residents;

4.

Related sports or recreation facilities, limited to a size appropriate to the number of occupants in the dormitories; and/or

5.

Sleeping quarters for on-premises resident managers, caretakers or security guards.

(3)

Conditional uses. The following uses shall be conditional uses in the G-1 Gateway Village Development District:

a.

All conditional uses as provided in section 42-204.

b.

Day care centers.

c.

Commercial parking garages or lots, provided that no such use shall be located on property fronting on Highway 54, and provided, further, that all conditions regulating parking structures under section 42-147.

(f)

Space limitations and architectural design guidelines. The following standards shall control development within the G-1 Gateway Village Development District:

(1)

Building appearance.

a.

Buildings or other improvements shall be compatible with the orientation, directional emphasis, shape, volume, massing, proportion, rhythm, scale and materials of the context, setting and streetscape of the site. Further, the buildings and structures proposed within Gateway Village shall comply with design guidelines included in the "Gateway Village Plan" included as part of the ordinance from which this section is derived and adopted as Appendix M-2.

b.

It is the intent of this section to preclude the conversion of existing single-family structures to other, nonresidential uses, without compliance with the architectural standards and other regulations imposed in this chapter. It is believed that few, if any, existing single-family structures will qualify for any use other than single-family residential.

(2)

Building exterior. All exterior elevations shall be brick, concrete stucco, stone, wood, glass in combination with metal or similar, durable architectural materials. Vinyl siding, synthetic stucco and other materials found to be other than durable products are specifically prohibited. The side and rear building elevations shall be substantially consistent with the front building elevation.

(3)

Design style. All new and remodeled buildings constructed in the G-1 district shall adhere to a single, consistent architectural theme, as approved by the design review commission.

(4)

Mechanical systems and equipment. Placement of air conditioning units and satellite dishes shall be accomplished without detracting from the architectural integrity of the building or site. Generally, such equipment must be installed to the rear of the building or on the side, provided the view is partially obstructed. Rooftop equipment shall be completely screened from view from the public right-of-way as well as adjoining properties.

(5)

Building siting and access. Siting and access provisions concerning the principal building on a lot shall conform to the concept of "pedestrian priority zones" which shall be defined for the purposes of this chapter as a method to enhance geographic areas so that they function as a comfortable, practical environment for pedestrians and motorists. Developments must consider designs for vehicular and pedestrian traffic moving in and around individual, retail and office properties that facilitate creation of destination environments for shoppers and employees.

a.

Buildings entrances shall face directly onto a public sidewalk unless site features prohibit such building configuration. All principal entries to building shall provide direct pedestrian access to the sidewalk within a public right-of-way or along a dedicated street. All building facades shall conform to the build-to line denoted in the "Gateway Village Plan" document.

b.

Site access for vehicles shall be configured such that pedestrians shall be able to walk on sidewalks and are not required to traverse parking areas or vehicular drives to access the building.

c.

All retail establishment entrances within the G-1 district shall front directly on the sidewalk unless site features prohibit such building configuration.

d.

All buildings shall provide direct pedestrian access from on-site parking areas to the building.

e.

Parking decks, attached parking structures, garages and other parking facilities shall be designed so that users will be able to travel along a sidewalk or pedestrian walkway from the parking area to the traveler's destination. Travelers will be able to enter all buildings from public sidewalks.

(6)

Restrictive covenants. While restrictive covenants are private contractual agreements and are not enforceable by the city, use of such covenants is encouraged.

(7)

Dimensional requirements. Unless otherwise provided below, the standards of the applicable zoning district shall apply to all construction in the G-1 Gateway Village Development District:

a.

All buffer requirements of article X of this chapter.

b.

Build-to lines are designated in the "Gateway Village Plan" document, adopted as Appendix M-2.

c.

No minimum rear or side yard shall apply to commercial development in Gateway Village.

d.

Multifamily dwellings and dormitories shall be limited to a maximum of 20 stories in height.

(g)

Parking standards. The parking standards of the G-1 Gateway Village Development District are designed to minimize the role of the automobile within the district as well as create opportunities for shared parking and reduction in paved area. All other parking requirements of this chapter shall apply, with the exception of the following provisions:

(1)

A minimum of one parking space for every 300 square feet of commercial floor area available to the public shall be provided on all retail commercial developments within Gateway Village.

(2)

Parking located between the front of any commercial building and the public right-of-way in the G-1 district shall be limited to a maximum of 25 percent of the required parking. Such parking shall not be located in front of the building entrance or in a manner that blocks a direct pedestrian path from the building to the public right-of-way. Gasoline service stations, convenience stores, parking lots and parking garages which constitute nonconforming uses are exempt from this entire subsection.

(3)

Parking requirements for developments which are located within 400 feet of a municipal or private parking area may be reduced by one-half, provided sidewalks link such parking areas directly to the main entrances of all buildings on the site.

(4)

All parking facilities in the G-1 district shall be landscaped in conformance with design guidelines, and all portions of such parking facilities bordering the public right-of-way shall be screened with an appropriate screening device as specified in the design guidelines, except those at gasoline service stations, convenience stores, car dealers, parking lots and parking garages that constitute nonconforming uses.

(5)

All paved surfaces shall be considered as parking areas whether or not identified by striping. Parking areas in excess of ten percent of the minimum requirement shall be subject to approval by the design review commission.

(6)

Gasoline service stations, convenience stores, car dealers and parking lots or parking garages that are in existence at the date of adoption of the ordinance from which this section is derived shall operate as nonconforming uses in G-1 district and are specifically exempted from subsections (g)(2) and (4) of this section.

(7)

Insofar as possible, all required parking for Gateway Village shall be located on the interior of parcels in a courtyard configuration, limiting parking area frontage on public rights-of-way and reducing the visibility of those areas, and apparent size from public rights-of-way.

(h)

Utilities.

(1)

All electrical, cable, telephone and other such services shall be installed underground.

(2)

All transformers and other facilities and equipment, including telecommunications equipment shall either be screened through the use of architectural materials compatible with the architectural materials present on the site or, alternatively, through landscape screening. Such screening shall be adequate to completely screen such facilities from the view of the public traveling on city rights-of-way.

(i)

Site lighting.

(1)

All site lighting shall be directed onto the site and in no case shall such lighting project into the public right-of-way. Site lighting shall also be directed downward with the exception of sign, building, landscape elements or other site features designed to be accented through lighting in order to promote "dark sky" objectives.

(2)

Lighting in parking areas shall provide area lighting sufficient to achieve a minimum illumination of 2.4 footcandles of light as measured at grade level and recommended in the IESNA Lighting Handbook.

(3)

All building entrances, walks and vehicular access shall be lit.

(4)

The following lighting guidelines shall apply. Variances from these guidelines shall be subject to approval by the design review commission:

a.

Walk and access lighting: 12-volt halogen, 20 to 50 watts.

b.

Architectural and landscape lighting: 120-volt halogen, 50 to 100 watts.

(j)

Commercial signs. All signs shall be controlled by the provisions of the Code except as provided below:

(1)

Developments shall be limited to one freestanding monument sign per public street frontage. Individual buildings or business store fronts signs (wall signs) shall also be limited to one sign per street frontage.

(2)

All signs in the G-1 district, not actually placed on walls, shall be monument-style signs, and shall not exceed six feet in height.

(3)

Sign illumination, where direct or indirect, shall not exceed 75 footcandles; provided, however, that signs with dark surfaces may require lighting in excess of 75 footcandles. The design review commission may approve such increases upon demonstration that in the absence of excess lighting the sign cannot be properly viewed. In no case shall the permitted candle power exceed 100 footcandles.

(k)

Transportation networks.

(1)

General organization. The street system shown in the plan is organized on the scale of the traditional city block (generally, about 400 feet by 400 feet) in order to permit efficient automobile circulation and create a viable pedestrian environment. The streets are grouped into three categories: primary routes, secondary routes and neighborhood streets. Jonesboro Road (U.S. Highway 54) is the only primary route in the village area. Secondary routes are Main Street (presently CCSU Avenue) Huie/Harper Road, North Lee Street, Kenyon Road and Forest Parkway. Neighborhood streets shall be used to divide the blocks into smaller, more accessible areas.

(2)

Redundant modes and routes. Redundant modes of transportation and routes may be designed to provide travelers with diverse choices for movement throughout the district.

(3)

Pedestrian priority. Village nodes will be located at the crossing of major thoroughfares. These nodes will be designed to provide safe, convenient pedestrian access. Pedestrian travel shall be emphasized over vehicular travel in the nodes. The pedestrian system should be:

a.

Spacious. Sidewalk widths should be adequate for the planned volume of pedestrians, and street furnishings and utility structures may not be placed so as to interfere with movement. Sidewalk widths shall be a minimum of five feet wide in residential areas and eight feet wide in commercial areas.

b.

Comprehensive. The sidewalks shall link travelers to all points in the village and to destinations nearby (CCSU, the Reynolds Nature Preserve, and associated bikeways).

c.

Buffered. Sidewalks and crosswalks shall be designed so that they are buffered from traffic and clear of obstructions.

d.

Lighted. Sidewalks and crosswalks shall be lit so that they may be safely used during evening and night hours.

(4)

Traffic calming. Motorists will be encouraged to travel through the village at moderate velocities and to negotiate intersections more carefully than they normally do in suburban situations by use of traffic calming devices such as landscaped medians and flanking curb trees and shrubbery.

(5)

Parking. Designated parking on road shoulders shall be used where possible to reduce the amount of pavement needed. Curbside parking will be designed to create traffic buffers particularly along the front facades of businesses.

(l)

Application and review procedures.

(1)

Application procedures.

a.

All applicants for new development, occupational tax receipt, and/or construction permits which expand the use or building footprint shall apply for site plan approval through the administrative officer or his designee. Application forms available from the city must be submitted, together with a scaled site plan depicting the proposed improvements.

b.

Applications shall be filed with the administrative officer or his designee 30 days prior to the meeting of the design review commission as reflected on the calendar provided with all application forms. No construction or site work of any kind shall be permitted prior to approval of plans and specifications by the mayor and council.

(2)

Application requirements. Applications for development under this section shall be accompanied by a scaled drawing of not greater than one inch equals 50 feet depicting:

a.

Lot size and dimension;

b.

Proposed project, including building footprint, height, materials and front, rear and side building elevations;

c.

Pedestrian circulation;

d.

Vehicular access and parking facilities;

e.

Landscaping;

f.

Site lighting;

g.

Furnishings;

h.

Proposed signs;

i.

Dumpsters; and

j.

Adjoining uses.

Information concerning the latter shall indicate the architectural relationship of the proposed project or improvement to the surrounding context and shall be in the form of sketches or photographs.

(3)

Review procedures.

a.

All applications regulated under this section shall be reviewed by the design review commission. Such review shall ensure proposal consistency with the purposes of this section and conformance to the standards contained herein. Site plan review by the design review commission shall precede any action by the mayor and council. The findings and recommendations of the design review commission shall be provided to the mayor and council, which may incorporate such findings and recommendations in their consideration of the proposal. The design review commission shall be empowered to issue non-binding approvals or denials of site development, construction or alteration matters. All applications require final action by the mayor and council.

b.

Applications proposing construction or site work which, in the opinion of a majority of the design review commission members, does not comply with the standards of this section shall be presented to the mayor and council as nonconforming, and the design review commission shall recommend denial to the mayor and council of the appropriate government.

c.

Applications which may be approved by the mayor and council shall be forwarded to the administrative officer/building official, and necessary permits issued. Should the applicant be unable or unwilling to comply with the recommended changes suggested to reach compliance with this section, no permits shall be issued. All recommended changes shall comply with the goals and standards set out herein.

d.

The findings of the design review commission shall comprise only non-binding recommendations to the mayor and council, and the governing body shall be empowered to approve or deny the application based on those recommendations and application of this section.

(m)

Creation of a design review commission.

(1)

A design review commission is hereby created consisting of five members, two of which are appointed by the City of Lake City and City of Morrow, and one of which is appointed by Clayton College and State University (CCSU). Members appointed by the City of Lake City, unless employed by the City of Lake City, must be residents of the City of Lake City. No more than two-thirds of the commission shall be residents of either city. Members shall serve a term of two years and shall elect a chairperson and vice-chairperson. These offices shall not be filled by residents of the same city. If the City of Morrow or CCSU fail to appoint members to the committee, the City of Lake City may appoint any unoccupied seat to complete the commission. Members of the design review commission shall receive training as prescribed by the three appointing entities.

(2)

The design review commission shall publish a monthly calendar of meetings and application submittal dates and shall assemble as necessary to review plans and otherwise fulfill their duties as provided herein.

(n)

Procedure. Decisions of the design review commission are non-binding and shall be presented to the mayor and council for final decision on matters within the geographical boundaries of the City of Lake City. Special exceptions shall be heard by the mayor and council of the City of Lake City for special exceptions requested in any geographic area located within the City of Lake City, Georgia. All judgments made by bodies regulated under this section shall be bound by the guidelines contained and incorporated herein, and by the standards of review contained or incorporated into this chapter.

(Code 1994, § 110-1; Ord. No. 00-01, §§ 6(514.1)—(514.13), 7, 1-10-2000; Ord. No. 02-02, § 1, 5-13-2002; Ord. No. 2019-02, § 5, 10-14-2019)