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Lawrenceville City Zoning Code

ARTICLE 2

- SUPPLEMENTAL AND ACCESSORY USE STANDARDS2


Footnotes:
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Editor's note— Ord. No. 2023-20(Zon.), § 2, adopted October 23, 2023, repealed art. 2, §§ 200.1—200.3, and enacted a new art. 2 as set out herein and as may later be amended. Former art. 2 pertained to similar subject matter and derived from Ord. No. 2020-9(Zon.), adopted May 20, 2020; and Ord. No. 2020-22(Zon.), adopted September 28, 2020.


Sec. 200.1. - Purpose and Intent.

A.

The purpose of these standards is to supplement the Use Table by providing more specific standards for certain uses to ensure that they will be compatible with surrounding uses; have minimal impact on the environment; promote the health, safety, and welfare of the community; and meet the intent of the Comprehensive Plan.

B.

These standards apply to specific uses in all zoning districts unless otherwise noted.

C.

Any use that is regulated by this Article and is authorized in a zoning district shall be developed in compliance with the applicable Supplemental Use or Accessory Use Standards for that use. In addition to the Supplemental and Accessory Use Standards, any proposed use shall be developed in compliance with the rules and regulations of the Building and Building Regulations, Development Regulations, Subdivision Regulations, and Zoning Ordinance of the City of Lawrenceville.

D.

No permit shall be issued for a use, building, or structure that does not conform to applicable provisions of this Article; except that, where any requirement of the Supplemental Use or Accessory Use Standards conflicts with a condition of rezoning, special use permit, or other action of the City Council, the conditions per the approval shall prevail.

(Ord. No. 2023-20(Zon.), § 2, 10-23-2023)

Sec. 200.2. - Applicability.

The Supplemental Use Standards and Accessory Use Standards listed in Section 200.3 are applicable as indicated by a check mark (✓) in the Article 1, Section 103.2, Use Table, as requiring Supplemental or Accessory Use Standards. Upon passage of this Resolution, any existing regulated use is deemed a nonconforming use. Such nonconforming regulated uses shall be subject to the requirements of Article 3, Nonconformities, of this Ordinance.

(Ord. No. 2023-20(Zon.), § 2, 10-23-2023)

Sec. 200.3. - Supplemental Use Standards.

As Per Section 103.2, Use Table.

200.3.1

Accessory buildings and structures.

A.

Limited to one Accessory Building or Structure per zoning lot, provided that each of the following conditions is met:

1.

A Principal Permitted Use has already been permitted and constructed on the zoning lot.

2.

It has a maximum height of 18 feet.

3.

No Accessory Building or Structure can cover more than 400 square feet and shall be limited to one Accessory Building/Structure on the same zoning lot. Accessory buildings/structures over 400 square feet shall require the approval of a Special Use Permit.

4.

It is located in the Rear Yard; and

5.

The Accessory Building or Structure shall be constructed from a wood frame with wood siding, including hardy plank style siding, masonry, stucco, or some combination thereof and shall be constructed to match the primary structure in percentage and type of materials.

6.

A permit for the Accessory Building or Structure is required.

200.3.2

Adult entertainment. Adult Entertainment shall comply with the following:

A.

Permitted Use. Adult Entertainment may be permitted in the HM zoning classification.

B.

Area. Lot Area shall be a minimum of three (3) acres or 130,680 square feet.

C.

Location. Adult Entertainment business or use restricted under this Subsection shall not be located:

1.

Within one thousand (1,000) feet of any parcel of land which is either named or used for residential uses or purposes.

2.

Within one thousand (1,000) feet of any parcel of land upon which consist of a civic center, governmental building, library, place of worship, public park or playground, school (private or public).

3.

Within one thousand (1,000) feet of any parcel of land upon which another Adult Entertainment business or use regulated or defined under this Subsection.

4.

Within one thousand (1,000) feet of any parcel of land upon which any establishment selling alcoholic beverages is located.

For the purposes of this Subsection, distance shall be by straight line measurement from the property line, using the closest property lines of the parcels of land involved. The term "parcel of land" means any quantity of land capable of being described by location and boundary, designated, and used or to be used as a unit.

D.

Interior Lighting. The interior lighting in the premises will provide adequate visibility for patrons and public safety personnel with a minimum of 10 candles at all times, as measured from the floor.

E.

Road Classification. Adult Entertainment shall be located adjacent to and directly accessed from roadway classified as an Arterial (Principal, Major, Minor), Collector Street (Major, Minor), or a State Highway.

F.

Road Frontage. Adult Entertainment shall be located on a legal lot of record consisting of a minimum of one hundred fifty (150 ft.) feet immediately adjacent to an Arterial or Collector Street, or a State Highway.

G.

Businesses and Business Regulations. Adult Entertainment shall conform to the Code of the City of Lawrenceville, Georgia, Part I, Charter, Chapter 12, Business and Business Regulations, Article II, Business Regulations, Division 13, Adult Entertainment.

200.3.3

Agricultural uses (livestock). In agricultural zoning districts, the following shall be located no closer than 100 feet to any property line: corrals, stables, barns, pens, coops, chicken houses, and other similar livestock quarters.

200.3.4

Animal hospital or veterinary clinic. A Special Use Permit shall be required if any outdoor run or pen is used to house or exercise animals.

200.3.5

Automatic teller machine—freestanding.

A.

Only one free-standing ATM may be installed per parcel.

B.

The structure built to house the ATM shall be architecturally compatible with the primary structure and incorporate similar construction materials.

C.

The structure shall not exceed a height of 12 feet.

D.

The structure shall be setback from any right-of-way at least as required by the applicable zoning district.

E.

The structure may not be installed in any required parking spaces.

F.

A permanently installed trash receptacle shall be located within five feet of the structure which shall be maintained by the property owner on a regular scheduled basis.

G.

Installation shall not reduce any required or existing landscaping.

H.

All requirements of O.C.G.A. § 7-8-1 et seq. shall be met.

I.

A marked and designated travel lane shall be provided with a landscape island buffer.

200.3.6

Automobile, truck, or vehicle storage lot (other than impound lot). See section 200.3.55 Outdoor Storage (Industrial).

200.3.7

Automobile body, repair, painting, rebuilding, or repair and maintenance facilities. Automobile Body, Repair, Painting, Rebuilding or Repair and Maintenance Facilities shall comply with the following:

A.

Permitted Use. Automobile Body, Repair, Painting, Rebuilding or Repair and Maintenance Facilities may be permitted in the LM and HM zoning classifications.

B.

Special Use Permit. Automobile Body, Repair, Painting, Rebuilding or Repair and Maintenance Facilities may be permitted in the BG and HSB zoning classifications with the approval of a Special Use Permit allowing Outdoor Storage, pursuant to the City of Lawrenceville Zoning Ordinance, Article 9, Section 907. Rezoning and Special Use Permit Application Public Hearing

C.

Outdoor Storage. Outdoor Storage, as defined by this Zoning Ordinance, Article 10 Definitions, shall conform to this Article, Subsection(s) 200.3.53 Outdoor Storage—Retail, and 200.3.55 Outdoor Storage—Industrial, as applicable.

D.

Automobile service bays shall not be adjacent to or visible from a public right-of-way.

E.

A 15-foot landscaped buffer shall be required adjacent to a public right-of-way.

F.

Overnight parking is permitted in a side and rear yard area, but the parking must be screened from view with minimum six-foot opaque fencing.

G.

No work shall be conducted on the outside grounds of the establishment; and

H.

No metal building facades.

200.3.8

Automobile sales or auction and related service (used or new car outdoor sales lot).

A.

No used car lots are permitted within 100 feet of any residential property.

B.

No lots smaller than 25,000 square feet.

C.

All buildings must have a permanent foundation. Architectural exterior treatments must consist of brick, or stone.

D.

The building must be at least 1000 square feet.

E.

No metal building facades; and

F.

A 15-foot landscape buffer shall be provided fronting the street.

200.3.9

Automobile sales (indoor) or auction and related service.

A.

No used car lots are permitted within 100 feet of any residential property.

B.

No lots smaller than 25,000 square feet.

C.

All buildings must have a permanent foundation. Architectural exterior treatments must consist of brick, or stone.

D.

The building must be at least 1000 square feet.

E.

No metal building facades; and

F.

A 15-foot landscape buffer shall be provided fronting the street.

G.

Auto repair shall be prohibited.

H.

Display and outdoor storage shall be prohibited.

200.3.10

Automobile wash—Automatic and self service.

A.

Metal building facades are prohibited; and

B.

Prefabricated awning type structures are only permitted at automatic facilities.

200.3.11

Bail bonding.

A.

The use is only allowed with a Special Use permit on properties which front Buford Drive from SR 316, north of the city limits.

B.

The color of the building and signage must be approved through the Special Use Permit process.

C.

Parking of commercial vehicles is prohibited.

D.

Vehicle signage is prohibited.

200.3.12

Bakery (industrial; retail bakery as an accessory use).

A.

Accessory retail sales of baked goods produced on-site shall be limited to 15-percent of the gross floor area.

B.

All activities associated with accessory retail sales of baked goods produced on-site shall be conducted indoors.

C.

Accessory retail sales of baked goods produced on site shall be limited to Monday through Friday from 8 AM to 5 PM, and Saturday from 8 AM until 1 PM.

D.

Accessory retail sales of baked goods produced off-site shall be prohibited.

200.3.13

Bed and breakfast inn.

A.

Bed and Breakfast Inns shall be subject to the following requirements:

1.

The operator of the establishment shall reside in the dwelling.

2.

The use shall have a lot area of not less than 20,000 sq. ft. and a floor area of the dwelling unit of no less than 2,500 sq. ft.

3.

No guest shall reside in a Bed and Breakfast Inn for a period in excess of 14 days.

4.

If located in a residential zoning district, the structure shall be compatible with the character of the neighborhood in terms of height, setbacks, and bulk. Any modifications to the structure shall be compatible with the character of the neighborhood.

5.

Guestrooms may not be equipped with cooking facilities.

6.

In residential zoning districts, food may be served on the premises only for overnight guests and employees of the Bed and Breakfast Inn. However, a restaurant serving up to 50 additional guests may be permitted subject to approval of a Special Use Permit (Article 9, Administration and Enforcement).

200.3.14

Body art studios. Body Art Studios shall comply with the following:

A.

Permitted Use. Body Art Studios may be permitted in the HSB zoning classification.

B.

Road Classification. Body Art Studios shall be located adjacent to and directly accessed from roadway classified as an Arterial (Principal, Major, Minor), Collector Street (Major, Minor), or a State Highway.

C.

Businesses and Business Regulations. Body Art Studios shall conform to the Code of the City of Lawrenceville, Georgia, Part I, Charter, Chapter 12, Business and Business Regulations, Article II. Business Regulations, Division 15, Body Art.

200.3.15

Business and commercial vehicles in residential districts.

A.

A maximum of two Business Vehicles (as defined in Article 10, Definitions) shall be allowed per residence with the exception that any ladders must be removed from the Business Vehicles while parked at the residence.

B.

Commercial Vehicles (as defined in Article 10, Definitions) are prohibited in all residential zoning districts.

200.3.16

Cemetery, family cemetery, or mausoleum.

A.

Except when used as an accessory to a place of worship, cemeteries, family cemeteries, and mausoleums shall conform to the following requirements:

1.

The cemetery may front only on a street classified as a Collector or Arterial roadway in the Comprehensive Plan or along a State Highway, and the entrance and exits to the cemetery shall only be from the classified street on which it fronts.

2.

The cemetery shall be bordered by a 15-foot-wide buffer and a minimum six-foot-high decorative fence or wall along all of its exterior property lines and frontage streets and not extending into the required front yard. The buffer strip shall be planted with evergreen trees or shrubs that grow at least eight feet tall and provide an effective visual screen.

3.

Prior to the approval of a request to use property as a cemetery, a site plan and a covenant for perpetual care shall be submitted to the Planning and Development Department. The covenant for perpetual care shall include measures to be undertaken to preserve, protect, and provide for ongoing maintenance, including fencing, landscaping, and gravesites.

4.

The covenant for perpetual care and a plat of survey delineating the limits of the cemetery shall be recorded by the Gwinnett County Clerk of Superior Court (Deeds and Records).

200.3.17

Check cashing, payday loan, and wire transfer facilities.

A.

Permitted Use. Check Cashing, Payday Loan and Wire Transfer Facilities may be permitted as an Accessory Use to a Principal Use (e.g., Convenience Store, Department Store, Discount Store, Grocery Store, Supercenter) in the BG and HSB zoning classifications.

B.

Special Use Permit. Check Cashing, Payday Loan, and Wire Transfer Facilities as Principal Use may be permitted in the BG and HSB zoning classification with the approval of a Special Use Permit, pursuant to the City of Lawrenceville Zoning Ordinance, Article 9, Section 907. Rezoning and Special Use Permit Application Public Hearing Process.

C.

Location. Check Cashing, Payday Loan, and Wire Transfer Facilities businesses or uses restricted under this Subsection shall not be located:

1.

Within one thousand five hundred (1,500) feet of a Check Cashing, Payday Loan, and Wire Transfer Facilities businesses or uses.

2.

Within one thousand (1,000) feet of any parcel of land upon which consist of a civic center, governmental building, library, place of worship, public park or playground, or school (private or public).

3.

Within five hundred (500) feet of an RS-180, RS-150, RS-60, RS-50, RS-TH, RM-12, RM-24, and CMU zoning classification.

For the purpose of this Section, distance shall be by straight line measurement from the property line, using the closet property lines of the parcels of land involved. The term "parcel of land" means any quantity of land capable of being described by location and boundary, designated, and used or to be used as a unit.

D.

Road Classification. Check Cashing, Payday Loan, and Wire Transfer Facilities shall be located adjacent to and directly accessed from roadway classified as an Arterial (Principal, Major, Minor), Collector Street (Major, Minor), or a State Highway.

E.

Exemptions. Grocery Stores that do not charge a fee to cash a check as cashing customer's checks as a convenience is incidental to their main business of selling food and household items. This Subsection shall also exempt tax preparation services such as H&R Block.

200.3.18

Child caring institutions (CCI).

A.

Child Caring Institutions (CCI) facilities shall be located on a lot of at least 1 acre in size.

B.

Shall be limited to no more than eight residents.

C.

A Special Use permit is required.

200.3.19

Community center or cultural facility.

1.

In residential zoning districts, community centers or cultural facilities shall conform to the following requirements and restrictions. Residentially zoned properties not meeting these requirements shall be required to obtain a Special Use Permit.

2.

Community Center or Cultural Facilities shall be located on a parcel of land adjacent to and directly accessed from roadway classified as an Arterial (Principal, Major, Minor), Collector Street (Major, Minor), or a State Highway.

3.

Community Center and Cultural Facilities shall have a minimum acreage of five acres.

4.

Community Center and Cultural Facilities shall have a minimum of two hundred fifty (250) feet of road frontage.

5.

The buildings shall be located not less than 50 feet from any street and not less than 30 feet from any side or rear property line.

6.

Parking shall not be provided in the front yard setback area.

7.

A minimum 50-foot-wide buffer shall be provided adjacent to residentially zoned properties.

8.

Accessory Uses Requiring Special Use Permit. In residential zoning, the following additional uses may be permitted as accessory to a community center or cultural facility only upon approval of a Special Use Permit:

a.

Lighted outdoor ball fields, pools, or similar recreation facilities.

b.

Cemeteries or mausoleums.

c.

Day Care Centers.

d.

Kindergartens.

e.

Private schools (K-12).

f.

Health and social services including out-patient clinics, transitional housing, shelters, and other similar facilities.

200.3.20

Community garden.

A.

Community gardens shall be subject to the following requirements:

1.

The garden shall not be located within any required buffer.

2.

Outdoor lighting shall be prohibited.

3.

Signage shall be limited to a single, non-illuminated sign of no more than four square feet.

4.

Gardening equipment and machinery must be stored in an enclosed, secure building or shed. Retail sales shall be prohibited.

5.

Composting is permitted on the premises if stored in a manner that controls odor, prevents insect or rodent infestation, and minimizes runoff into waterways and onto adjacent properties.

6.

The garden must maintain an orderly appearance and may not be neglected or allowed to become overgrown or eroded.

7.

If a community garden ceases operation, and is no longer desired by the owners, it shall be stabilized with grass, trees, and/or shrubbery in accordance with a plan submitted for approval by the Director.

200.3.21

Community living arrangement (CLA). Community Living Arrangement (CLA) facilities shall be located on a lot of at least one acre in size and shall be limited to no more than eight residents.

200.3.22

Composting facility, yard trimmings.

A.

Yard Trimmings Composting Facilities shall meet the following design standards:

1.

Composting materials shall be limited to tree stumps, branches, leaves, and grass clippings, or similar putrescent vegetative materials. Composting materials shall not include animal products or inorganic materials such as bottles, cans, plastics, metals, or similar materials.

2.

Along the entire road frontage (except for approved access crossings), and along the side and rear property lines, provide a landscape earthen berm and/or a fence or masonry wall. Landscape earthen berms shall be three feet high with a maximum slope of three-to-one. Fences or masonry walls shall be a minimum of six feet high and composed of 100-percent-opaque solid wood. The fence/wall or berm must be located outside of any public right-of-way and interior to any landscape strip. The finished side of a wall shall face the exterior property lines.

200.3.23

Contractor's office. See Section 200.3.54 Outdoor Storage—Retail and 200.3.55 Outdoor Storage—Industrial.

200.3.24

Construction trailer/temporary building. A temporary building or buildings for use in connection with a construction project or land subdivision development shall be permitted on the land of the project during the construction period.

200.3.25

Customary home occupation.

A.

Any use, such as a home-based business, customarily conducted entirely within the dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof.

B.

No person other than members of the family residing on the premises shall be engaged in such home occupation.

C.

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes. No home occupation shall be conducted in any accessory building.

D.

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation.

E.

There shall be no receipt or delivery of goods sold in connection with such home occupation nor shall any inventory of goods for sale be stored or maintained in or about the premises.

F.

No traffic shall be generated by such home occupation than would normally be expected in a residential neighborhood. The off-site employees of the resident shall not congregate on the premises for any purpose concerning the business of home occupation.

G.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses at the lot line of the operation conducted in a single-family residence, or outside the dwelling unit if conducted somewhere other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in electrical line voltage off the premises.

H.

A Special Use Permit shall be required if the above minimum restrictions are not met.

200.3.26

Day care facility (family).

A.

Day Care Facility (family)must meet the following criteria:

1.

The day care facility (family) must be properly licensed through the Department of Early Care and Learning.

2.

Proof of owner consent to operate a family day care home must be provided to the Department of Planning and Development if the property is leased.

3.

A drop-off and pick-up plan must be provided to the Department of Planning and Development which illustrates that the operation will not have adverse effects on the flow of traffic; and

4.

No more than five children under 18 years of age, including children residing in the home, may be cared for at one time.

200.3.27

Department store or supercenter. Such stores may offer automobile maintenance and tire service as a by-right accessory use, provided that junked or wrecked vehicles shall not be allowed on-site, and vehicles undergoing routine service are not kept on the property for more than 48 hours. Maintenance bay doors shall not face a public right-of-way.

200.3.28

Drive-through service windows.

A.

Drive-through service windows shall provide adequate queue space for a minimum of three cars per lane.

B.

Stacking lanes shall be delineated from traffic aisles, other stacking lanes, and parking areas with striping, curbing, landscaping, and the use of alternative paving materials or raised medians.

C.

Stacking lanes shall be designed to prevent circulation congestion, both on site and on adjacent public streets. The circulation shall:

1.

Separate drive-through traffic from site circulation.

2.

Not impede or impair access into or out of parking spaces.

3.

Not impede or impair vehicle or pedestrian traffic movement; and

4.

Minimize conflicts between pedestrian and vehicular traffic with physical and visual separation between the two.

D.

Stacking lanes shall not interfere with required loading and trash storage areas and loading or trash operations shall not impede or impair vehicle movement. If said separate stacking lane is curbed, an emergency bypass or exit shall be provided.

E.

No outdoor speakers shall be employed within 200 feet of any single-family residential use.

200.3.29

Drug abuse treatment facility.

A.

The Drug Abuse Treatment Facility must, at all times, be approved and properly licensed through the Georgia Department of Community Health.

B.

No Drug Abuse Treatment Facility may be located within 1,000 feet of any residential property, measured from property line to property line.

C.

No Drug Abuse Treatment Facility may be located within 1,000 feet of any other Drug Abuse Treatment Facility, measured from property line to property line.

D.

No Drug Abuse Treatment Facility may be located within 1,000 feet of any school or university; and

E.

The Drug Abuse Treatment Facility must be located on a major thoroughfare.

200.3.30

Dump, junkyard, salvage yard, automobile junk/salvage yard. Dump, Junkyard, Salvage Yard, Automobile Junk/Salvage Yard facilities shall comply with the following:

A.

Special Use Permit. Dump, Junkyard, Salvage Yard, Automobile Junk/Salvage Yard facilities may be permitted in the LM and HM zoning classification with the approval of a Special Use Permit allowing Outdoor Storage, pursuant to the City of Lawrenceville Zoning Ordinance, Article 9, Section 907. Rezoning and Special Use Permit Application Public Hearing.

B.

Location. Dump, Junkyard, Salvage Yard, Automobile Junk/Salvage Yard facilities restricted under this Subsection shall not be located:

1.

Within three hundred (300) feet of any parcel of land which consists of a commercial, mixed-use, multifamily, office institutional or single-family zoning classification.

2.

Within one thousand (1,000) feet of a public right-of-way having a right-of-way of 100 feet or greater.

For the purposes of this Subsection, distance shall be by straight line measurement from the property line, using the closest property lines of the parcels of land involved. The term "parcel of land" means any quantity of land capable of being described by location and boundary, designated, and used or to be used as a unit.

C.

Screening. Dump, Junkyard, Salvage Yard, Automobile Junk/Salvage Yard facilities shall be completely enclosed with a solid (opaque) fencing, no less than eight feet high, and in no case less than such height as will effectively screen all storage and other operations from view.

D.

Road Classification. Dump, Junkyard, Salvage Yard, Automobile Junk/Salvage Yard facilities shall be accessed from a roadway classified as an Arterial or Collector Street, or a State Highway.

200.3.31

Electronic message center (EMC). Electronic Message Centers (EMC) shall require a Special Use Permit unless it meets all of the standards in Article 7, Signs, as it relates to EMC's.

200.3.32

Emissions inspection stations.

A.

Emissions inspection stations shall meet the following design standards:

1.

The facility shall be located in a permanent non-combustible structure.

2.

The structure shall include a designated indoor public waiting area (minimum three fixed seats) with restrooms; or as an alternative, shall provide the required designated indoor waiting area and restrooms upon the same lot, within 500 feet of the testing facility.

3.

The facility shall provide a minimum of four paved parking spaces. Drive-through facilities shall also provide a paved stacking lane for a minimum of four vehicles. Parking spaces and stacking lane shall be striped.

4.

If constructed in an existing parking lot, the facility and stacking lane(s) shall not occupy any required on-site parking space or encroach into any minimum required driveway width.

200.3.33

Equestrian facilities, riding stables, or academies. Stables, corrals, riding rings, and other similar facilities shall not be located closer than 100 feet to any property line.

200.3.34

Estate sales. Estate Sales shall comply with the following:

A.

Permitted Use. Estate Sales may be permitted in the AR, RS-180, RS-150, and RS-60 zoning classification.

B.

Businesses and Business Regulations. Estate Sales shall conform to the Code of the City of Lawrenceville, Georgia, Part I—Charter, Chapter 12, Business and Business Regulations, Article II. Business Regulations, Division 22.—Estate Sales.

200.3.35

Fences and walls.

200.3.35.1

Height of fencing or walls. Except as provided in Section 200.3.35.2, no wall or fence in a residential zoning district shall exceed 4 feet in height within a required front building setback line or 6 feet in height in the balance of the yard.

200.3.35.2

[Exceptions.] Exceptions to Section 200.3.[35].1 are as follows:

A.

A fence or wall that encloses an approved stormwater management facility may be a maximum of 6 feet in height.

B.

A fence or wall enclosing a tennis court may be a maximum of 12 feet in height.

C.

The City Council may condition the approval of a Rezoning or Special Use Permit to require that walls or fences of a height in excess of these regulations may be placed in any yard where such walls or fence is necessary to provide screening.

D.

Lots with double frontage may have a fence up to 6 feet in height in the no access easement.

200.3.35.3

Subdivision entrance features. Walls or fences incorporated into a subdivision entrance feature shall not exceed ten feet in height and shall be subject to review and approval by the Director after the submission of a landscape plan, site plan and architectural elevations to the Department.

200.3.35.4

Fence materials.

A.

Any wall or fence which extends into the required front yard on property less than 3 acres in area shall be ornamental or decorative and constructed of brick, stone, wood, wrought iron, or split rail.

B.

No wall or fence constructed of woven wire or metal fabric (chain link, hog wire or barbed wire) shall extend into a front yard, except fences enclosing stormwater facilities shall consist of vinyl coated chain link fencing material. Woven wire or metal fabric fences may extend into a front yard when property contains a minimum of 3 acres.

C.

Electric and barb wire fences shall be prohibited in residential districts except on lots which meet or exceed the minimum requirements for raising and keeping of livestock (3 acres).

D.

Exposed concrete blocks, tires, scrap metal, sheet metal, plastic/fiberglass sheeting, vinyl siding or fabric, plywood, pallet material, junk or other discarded items shall be prohibited as fence material in residential and non-residential districts.

200.3.36

Fireworks sales. Retail sales of fireworks shall be subject to the following restrictions:

A.

Sales and storage of fireworks shall comply with all applicable federal, state, and local regulations.

B.

The sale of consumer fireworks as a principal use shall require approval of a Special Use Permit.

C.

Accessory sale of consumer fireworks shall be limited to convenience stores, discount stores, dollar or variety stores, grocery stores, hardware stores, pharmacy and drug stores, sporting goods stores, and wholesale membership clubs.

D.

Outdoor sales shall be in accordance with section 200.3.49.

200.3.37

Food trucks.

A.

Food Trucks may only be located on a lot with a principally permitted use on the same zoning lot, and shall be a special use permitted in an OI Office/Institutional, any B Business District, or M Manufacturing District provided the following conditions can be met:

1.

A food truck operator shall have written permission from the property owner to conduct business. Such permission shall identify the dates and times of operation.

2.

Unless otherwise specified or permitted by the City, food truck hours shall only be between the hours of 10:00 am and close of business of the primary use of the lot on which the food truck is operating.

3.

The food truck must be licensed by the Gwinnett County Health Department and have a valid business license for food truck operations.

4.

A maximum of 2 food trucks on lots of one-half acre to one acre in size.

5.

A maximum of 3 food trucks on lots greater than one acre.

6.

Temporary outdoor seating is only permitted upon review and approval of the Planning and Development Department.

7.

Food trucks shall not block any ingress/egress or vehicular circulation in a parking lot, loading/unloading area, or building entrance.

8.

Food trucks shall not block any fire hydrant or fire lane.

9.

Food truck operations shall be located a minimum of 100 feet from a residential dwelling.

10.

No audio speakers or on-site/off-site signage shall be permitted other than what is displayed on the food truck.

11.

Grease, liquid waste, and garbage shall not be disposed of on-site.

12.

Food trucks shall be subject to all other applicable City and County Ordinances related to food operations.

13.

Food trucks may not conduct sales when parked on a public street unless approved by the Planning Director and City Engineer.

14.

Food trucks shall not locate on a vacant lot or on a lot where the principal building is vacant or unoccupied.

200.3.38

Garage, rummage, yard, and similar sales.

A.

Permitted Use. Garage, Rummage, Yard, and Similar Sales may be permitted in the AR, RS-180, RS-150, and RS-60 zoning classification.

Garage, yard, rummage, and similar sales may be permitted from an occupied residence, or group of residences in the case of a neighborhood event, subject to the following requirements and limitations:

B.

Authorization. It shall be unlawful for any person or entity to conduct a yard sale from property zoned or used for residential purposes unless the person or entity conducting the yard sale shall have received a Garage, Rummage, Yard, and Similar Sales Permit from the city authorizing sale. Failure to obtain a permit could result in additional fees, fines, and court costs.

C.

General Requirements.

1.

Yard Sales Permit shall not be permitted on any premises more than two times in a calendar year.

2.

A second Yard Sales Permit on the premises shall not be issued until thirty (30) days after the last day of the previously issued permit.

3.

Yard Sales Permits shall be limited to four consecutive days and shall be allowed only between the hours of 8:00 a.m. and 6:00 p.m.

D.

Display Area.

1.

All personal property offered for sale shall be displayed within the residence, garage, carport, or rear yard area.

2.

Items sold must be used goods from the participating household(s), and not goods purchased for resale. Items for sale may not be displayed on the public sidewalk, street, or right-of-way.

E.

On-Street Parking and Sidewalks.

1.

Parking motor vehicles is restricted to one side of the street, and where practical, shall be restricted to the same side of the street which the sale will be conducted.

2.

No permit holder shall allow vehicles to impede the passage of traffic on any public right-of-way in the vicinity of the sale.

3.

Permit holders shall keep the public right-of-way and general vicinity of the sale free from trash and litter.

4.

No permit holder shall permit persons to line up or congregate, either on foot or in automobiles, prior to the start of the event.

5.

Permit holders shall report to the Police Department any vehicles which are parked in violation of this Subsection.

F.

Noise Control. Noise Control shall conform to the Code of the City of Lawrenceville, Georgia, Part I—Charter, Chapter 20, Environment, Article III. Noise Control.

G.

Signs.

1.

Any signs for the sale shall be removed immediately upon closing of the sale. Signs may not be posted on telephone poles, streetlights, traffic signs, or any other structure in the public right-of-way.

2.

All signs placed off-site shall have the permission of the owner of the property on which the sign is to be placed. Signs may be posted the morning of the sale and must be taken down daily.

3.

No sign may be larger than four (4) square feet.

200.3.39

Hair salon, beauty parlor, or barber shop. All hair salons, beauty parlors, and/or barber shops must have a posted up-to-date certification from the Georgia State Board of Cosmetology and Barbers.

200.3.40

Handwriting analysts and fortune tellers. Handwriting Analysts and Fortune Tellers shall comply with the following:

A.

Permitted Use. Handwriting Analysts and Fortune Tellers may be permitted in the HSB zoning classification.

B.

Road Classification. Handwriting Analysts and Fortune Tellers shall be located adjacent to and directly accessed from roadway classified as an Arterial (Principal, Major, Minor), Collector Street (Major, Minor), or a State Highway.

C.

Businesses and Business Regulations. Handwriting Analysts and Fortune Tellers shall conform to the Code of the City of Lawrenceville, Georgia, Part I—Charter, Chapter 12, Business and Business Regulations, Article II. Business Regulations, Division 10.—Handwriting Analysts and Fortune Tellers.

200.3.41

Helicopter landing pad.

1.

Air services are not permitted to be the primary business or use of the property.

2.

No commercial air services are permitted (i.e.: air taxi, sightseeing, crop dusting, aircraft sales, etc.).

3.

The owner must hold a valid permit from the Federal Aviation Administration.

200.3.42

Hookah/vapor bar or lounge.

1.

Smoking of Hookah in any establishment that serves alcohol shall be prohibited.

2.

Hours of operation shall not exceed 11:00 pm.

3.

Hookah bars and lounges shall not serve patrons under the age of 18.

4.

Accessory sale of consumer hookah/vapes shall be limited to convenience stores, discount stores, dollar or variety stores, grocery stores, hardware stores, pharmacy and drug stores, sporting goods stores, and wholesale membership clubs.

5.

Sales and storage of hookah/vapes shall comply with all applicable federal, state, and local regulations.

200.3.43

Hotel or motel. Hotels and motels shall meet the following design standards:

1.

All guestrooms which have facilities for both storage and preparation of food shall have a minimum of 250 square feet of floor area.

2.

No hotel or motel under this section may be converted to or used as an apartment or condominium.

3.

Each guestroom must be protected with a sprinkler system and hard-wired smoke detector.

4.

No facility may contain more than fifty (50) guest rooms per gross acre of development.

5.

No outside storage or permanent parking of equipment or vehicles shall be permitted.

6.

No permanent business license shall be issued for the conduct of any business from any guest room of the facility.

7.

An active recreation area shall be provided which meets the following criteria:

8.

The size of each recreation area shall be calculated at a ratio of five square feet per room with a minimum area of 750 square feet.

9.

All recreation areas must be approved by staff prior to development.

10.

The recreation area may be indoors or outdoors.

11.

All hotels and motels shall provide a one-hundred-foot buffer from any property zoned for residential purposes.

12.

There shall be no access to any guestrooms from the exterior of the building.

13.

No individual guest shall register, reside in, or occupy a room or rooms within the same facility for more than forty-five days in any ninety-day period, nor shall any guests move from one room to another without a three-day vacancy in between.

200.3.44

Joint living residence.

A.

The following shall be considered for the application for a Joint Living Residence:

1.

Whether there are extraordinary or exceptional conditions pertaining to the application.

2.

Whether, if granted, a joint living residence would cause a substantial detriment to the public good.

3.

The number of persons applying to live together in the joint living residence.

4.

The square footage of bedroom space per occupant in the proposed joint living residence, not including kitchens, dining rooms, living rooms, garages, hallways, bathrooms, or non-heated spaces.

5.

The number of bathrooms in the proposed joint living residence.

6.

Whether the proposed joint living residence is served by public water and sewer service.

7.

The lot size upon which the proposed joint living residence is located; and

8.

The area of the paved parking area serving the proposed joint living residence and the number of cars to be parked in such area.

200.3.45

Kennels and pet boarding. In agricultural zoning, dog runs, pens, and other similar facilities shall be located no closer than 100 feet to any property line. Any property where there are 4 or more dogs over the age of 3-months kept, maintained, or housed shall be deemed to constitute a kennel, regardless of whether such dogs are kept for business or profit purposes.

200.3.46

Landfills.

A.

A landfill may be permitted in certain zoning districts provided the following conditions are met:

1.

A minimum twenty-foot natural, undisturbed buffer shall be provided between all active waste burial areas and exterior property lines except for approved perpendicular access and utility crossings.

2.

A minimum seventy-five-foot natural, undisturbed buffer shall be provided between non-waste disposal operations and exterior property lines except for approved perpendicular access and utility crossings.

3.

The limits of an existing one-hundred-year floodplain or a stream buffer of two hundred feet, whichever is greater, shall be preserved as a natural, undisturbed area except for approved perpendicular access and utility crossings.

4.

The entire site shall be fenced with a minimum six-foot-high chain-link security fence.

5.

The landfill shall be located adjacent to and directly accessed from roadway classified as an Arterial (Principal, Major, Minor), Collector Street (Major, Minor), or a State Highway.

6.

The applicant shall include with the Special Use Permit application a report detailing the phasing of the landfill and plans for closure and reclamation.

B.

The following waste disposal activities, recycling facilities, and recovery activities shall be permitted as accessory uses to landfills, unless otherwise stipulated by the City Council:

1.

Composting, Municipal Solid Waste.

2.

Composting, Yard Trimmings.

3.

Consumer Recycling Centers.

4.

Gas Recovery/Gas Co-Generation Plant.

5.

Recovered Materials Processing Facility.

6.

Solid Waste Transfer Stations.

200.3.47

Livestock—Keeping of (for personal utility).

A.

In the agricultural zoning district: corrals, stables, barns, pens, coops, chicken houses, and other similar animal quarters shall be located no closer than 100 feet to any property line.

B.

A Special Use Permit shall be required in the RS-180 and RS-150 zoning classifications for the raising and keeping of livestock for personal pleasure or utility on a parcel which contains the dwelling of the owner, provided that the parcel is at least 3 acres in area and all animal quarters are located no closer than 100 feet to any property line.

C.

A Special Use Permit shall be required in the RS-180 and RS-150 zoning classifications for the keeping of chickens for personal pleasure or utility on a parcel which contains the dwelling of the owner, subject to the following requirements:

1.

The minimum lot size for the keeping of chickens shall be ten thousand five hundred (10,500) square feet.

2.

Chickens must be kept securely in an enclosed yard or 6-sided pen at all times.

3.

Minimum pen area for chickens shall be 10 square feet per chicken.

4.

Chickens must be housed at least 20 feet from any property line, and 50 feet from any residence other than the owners.

5.

Any structure housing chickens must be located in the rear yard.

6.

The keeping of roosters is not allowed.

7.

The maximum number of chickens shall be as follows: Lots 10,500 square feet to 12,499 square feet: maximum of three chickens; lots 12,500 square feet to 24,999 square feet: maximum of five chickens; lots 25,000 square feet to 39,999 square feet: maximum of eight chickens; lots of 40,000 square feet to 2.99 acres: maximum of 10 chickens; lots 3 acres or larger: no maximum.

8.

Each coop shall have at least 4 square feet of floor space per chicken over 4 months old.

9.

Chickens are only permitted as pets or for egg laying production; chickens cannot be kept for slaughter.

10.

Chickens shall be kept under sanitary conditions and shall not be a public nuisance as defined by State law.

200.3.48

Livestock—Sales pavilions or auction facilities.

A.

Livestock sales pavilions, auction facilities, show rings or other arenas for the display, exhibition training, or sale of livestock, and animal quarters, shall be located no closer than 100 feet to any property line.

B.

Adequate off-street parking shall be provided for livestock trailers, recreation vehicles, etc., associated with the use.

C.

A Special Use Permit is required if any of the following apply:

1.

The event is held more than three days per month.

2.

Hours of operation extend beyond 6:00 p.m.

3.

A public address system is utilized.

4.

Permanent concession facilities are provided.

5.

Portable restroom facilities are provided.

6.

Seating facilities for more than 100 people are provided.

7.

Parking facilities for more than 50 vehicles are provided.

8.

An admission fee is charged.

200.3.49

Live/work. Live/Work shall comply with the following:

200.3.51

Massage therapy businesses. Massage Therapy Businesses shall comply with the following:

A.

Permitted Use. Massage Therapy Businesses may be permitted in the OI, BG, BGC, and HSB zoning classifications.

B.

Location. Massage Therapy Businesses or use restricted under this Section shall not be located:

Within one hundred fifty (150) feet of an RS-180, RS-150, RS-60, RM-12, RM-24, and CMU zoning classification.

Upon application for a massage therapy practice business license, the applicant will provide to the City a survey showing the distances to each residentially zoned property within a one hundred fifty (150) feet of the front door of the massage therapy practice.

For the purpose of this Section, distance shall be by straight line measurement from the front door of the structure where massage therapy practice occurs to the nearest parcel boundary line of any residentially zoned property as measured by a straight line on the ground.

C.

Road Classification. Massage Therapy Businesses shall be located on a roadway classified as an Arterial or Collector Street, or a State Highway.

D.

Businesses and Business Regulations. Massage Therapy Businesses shall conform to the Code of the City of Lawrenceville, Georgia, Part I, Charter, Chapter 12, Business and Business Regulations, Article II, Business Regulations, Division 11, Massage Therapy Businesses.

200.3.52

Outdoor sales or display.

A.

Outdoor display or sales of merchandise shall be subject to approval of a Special Use Permit, with the following exceptions:

1.

Merchandise may be displayed on the front sidewalk immediately adjacent to a retail building or immediately beneath an actively operating fuel island canopy, subject to the following restrictions and requirements:

2.

Merchandise shall be permitted only along the business' tenant bay or storefront facade.

3.

Merchandise shall not block an entrance or exit to or from the building.

4.

Merchandise displayed for sale shall be that normally found within the on-premises business.

5.

Merchandise shall not be located on sidewalks that are less than six feet in depth and may not extend beyond the limits of the sidewalk.

6.

All such display or sales shall meet applicable building, fire and safety codes.

7.

Merchandise displayed or sales shall not be allowed within a required building setback, buffer, driveway, easement, landscape strip, parking space or right-of-way.

8.

The Outdoor Display or Sales of Merchandise shall be kept neat and orderly.

200.3.53

Outdoor seating.

A.

Outdoor seating for restaurant service is permitted subject to the following requirements and restrictions:

1.

The perimeter of the outdoor seating area be outside of any public right-of-way, and shall be delineated using fixtures such as walls, railings, planters, or other similar decorative fixtures, and that do not present a safety hazard.

2.

Tables, chairs, umbrellas, canopies, awnings, and other similar fixtures shall be of uniform design and shall be made of quality materials and workmanship to ensure the safety and convenience of users and to enhance the visual quality of the urban environment.

3.

Design, materials, and colors shall be compatible with the abutting building for all locations, and any applicable design guidelines.

200.3.54

Outdoor storage—Retail. In non-residential zoning districts (other than industrial), outdoor storage of equipment, materials and/or merchandise shall be subject to approval of a Special Use Permit.

200.3.55

Outdoor storage—Industrial.

A.

Outdoor storage of items, equipment, materials, and supplies which are not offered for sale, but which are normally appurtenant to a permitted use, provided that such storage meets the following requirements:

1.

Such property is not directly adjacent to a residential property.

2.

Such property is not located within the boundary of the geographical area of the Lawrenceville Downtown Development Authority.

3.

Storage shall be in the rear or side yard, except where any part of the property is adjacent to, or the storage is visible within a distance of two hundred and fifty (250) feet from, Pike Street, Five Forks-Trickum Road, Scenic Highway, Lawrenceville Highway, Buford Drive (Hwy. 20), Hurricane Shoals Road, Lawrenceville Suwanee Road, Sugarloaf Parkway, Grayson Highway, or Gwinnett Drive, in which case all items shall be stored in a rear yard only.

4.

Stored items shall be screened by a solid opaque fence at least six (6) feet height, by landscaping creating a complete visual buffer, or by a combination of fencing and landscaping, and no item shall be placed at a height exceeding that of the screening fence or landscaping materials; and.

5.

Under no circumstances shall an owner or occupant of any property store any junk, scrap metal, rags, paper, or abandoned, wrecked, junked or scrap material, or any part thereof, outdoors.

200.3.56

Outdoor storage—Residential. Outdoor Storage in residential zoning districts shall be part of, and strictly used for the residential purpose of the owner or occupant of the residential zoned property. Outdoor Storage in residential zoning districts shall be governed by the following restrictions and requirements:

A.

Outdoor storage of appliances, building materials, construction equipment, debris, garbage, glass, materials, merchandise, rubbish, trash, or other similar materials shall not be allowed on any residential zoned property.

B.

Outdoor Storage shall be stored in an approved accessory structure (see Accessory Structure), an enclosed garage connected to the principal structure, or in the rear or side yard areas.

C.

Outdoor Storage stored in the rear or side yard area shall be screened with either landscaping or fencing that provides an effective year-round visual screen from neighboring properties and/or public right-of-way; Garbage, rubbish, trash, or other similar items placed outside for collection by an authorized waste hauler not more than 24 hours prior to the designated collection date for a residential zoned property.

200.3.57

Pawnbrokers and secondhand dealers. Pawnbrokers and Secondhand Dealers shall comply with the following:

A.

Permitted Use. Pawnbrokers and Secondhand Dealers may be permitted in the HSB zoning classification.

B.

Special Use Permit. Pawnbrokers and Secondhand Dealers may be permitted in the BG zoning classification with the approval of a Special Use Permit, pursuant to the City of Lawrenceville Zoning Ordinance, Article 9, Section 907. Rezoning and Special Use Permit Application Public Hearing Process.

C.

Location. Pawnbrokers and Secondhand Dealers businesses or uses restricted under this Subsection shall not be located:

[1.]

Within one thousand (1,000) feet of a regulated Pawnbrokers and Secondhand Dealers businesses or uses.

[2.]

Within five hundred (500) feet of any parcel of land upon which consist of a civic center, governmental building, library, place of worship, public park or playground, or school (private or public).

[3.]

Within one hundred (100) feet of an RS-180, RS-150, RS-60, RS-50, RS-TH, RM-12, RM-24, and CMU zoning classification.

For the purpose of this Section, distance shall be by straight line measurement from the property line, using the closet property lines of the parcels of land involved. The term "parcel of land" means any quantity of land capable of being described by location and boundary, designated, and used or to be used as a unit.

D.

Road Classification. Pawnbrokers and Secondhand Dealers facilities shall be located adjacent to and directly accessed from roadway classified as an Arterial (Principal, Major, Minor), Collector Street (Major, Minor), or a State Highway.

E.

Businesses and Business Regulations. Pawnbrokers and Secondhand Dealers shall conform to the Code of the City of Lawrenceville, Georgia, Part I—Charter, Chapter 12, Business and Business Regulations, Article II. Business Regulations, Division 7.—Pawnbrokers and Secondhand Dealers.

200.3.58

Personal care home, family. The Personal Care Home shall:

1.

Requires the approval of a Special Use Permit.

2.

Family Personal Care Homes shall be located on a lot of at least one acre in size, and shall be limited to no more than six residents.

3.

Contain a residential facade which is architecturally similar to adjacent buildings.

4.

Have at least one employee on-site at all times.

5.

Not exceed one percent (1%) of the total number of homes in the subdivision, provided that any subdivision with less than 100 homes shall be allowed one Personal Care Home.

6.

Not be located within 1,000 feet of another Personal Care Home.

7.

Be licensed by and operate in accordance with the rules of the State of Georgia and the Georgia Department of Community Health at all times; and

8.

Meet all requirements of the International Building Code, as well as all City zoning requirements and building codes, including minimum dwelling space requirements.

200.3.60

Petroleum or chemical storage—Above ground. This use shall be considered a special use when more than 150,000 gallons are stored on one lot of less than one acre in size or when more than 25,000 gallons are stored in any one tank.

200.3.61

Places of religious worship.

A.

In all residential zoning districts, places of worship shall conform to the following requirements. Residentially zoned properties not meeting these requirements shall be required to obtain a Special Use Permit.

1.

Places of Religious Worship shall be located on a parcel of land adjacent to and directly accessed from roadway classified as an Arterial (Principal, Major, Minor), Collector Street (Major, Minor), or a State Highway.

2.

Places of Religious Worship shall be located on a parcel of land with two hundred fifty (250) feet of road frontage.

3.

The buildings shall be located not less than 50 feet from any street and not less than 30 feet from any side or rear property line.

4.

Parking shall not be provided in the front yard setback area.

5.

A minimum 20-foot-wide buffer shall be provided adjacent to residentially zoned properties. This buffer shall be increased to 50 feet in width adjoining any outdoor church recreation facilities.

6.

The proposed site contains at least five acres of land with at least four acres lying outside of any 100-year FEMA Flood Hazard area.

7.

Proposed buildings are setback not less than 50 feet from any street and not less than 30 feet from any side or rear property line. If an abutting property is zoned non-residential, the minimum side and rear yard setbacks for the buildings shall match the minimum setbacks required of the adjacent zoning category where it abuts the non-residential category.

8.

The tract shall be one contiguous zoning classification.

B.

Accessory Uses Requiring Special Use Permit:

1.

In residential zoning, the following additional uses may be permitted as accessory to a place of worship only upon approval of a Special Use Permit.

2.

Lighted outdoor ball fields, pools, or similar recreation facilities.

3.

Day Care Centers.

4.

Kindergartens.

5.

Private schools (K-12).

200.3.62

Plumbing equipment dealer. Plumbing Equipment Dealer shall comply with the following:

A.

Permitted Use. Plumbing Equipment Dealer may be permitted in the LM and HM zoning classifications.

B.

Special Use Permit. Plumbing Equipment Dealer may be permitted in the BG and HSB zoning classifications with the approval of a Special Use Permit allowing Outdoor Storage, pursuant to the City of Lawrenceville Zoning Ordinance, Article 9, Section 907. Rezoning and Special Use Permit Application Public Hearing

C.

Outdoor Storage. Outdoor Storage, as defined by this Zoning Ordinance, Article 10 Definitions, shall conform to this Article, Subsection(s) 200.3.53 Outdoor Storage—Retail, and 200.3.55 Outdoor Storage—Industrial, as applicable.

200.3.63

Precious metals dealers. Precious Metals Dealers shall comply with the following:

A.

Permitted Use. Precious Metals Dealers may be permitted in the CMU, BG, BGC, and HSB zoning classification.

B.

Road Classification. Precious Metals Dealers shall be located on a parcel of land adjacent to and directly accessed from roadway classified as an Arterial (Principal, Major, Minor), Collector Street (Major, Minor), or a State Highway.

C.

Businesses and Business Regulations. Precious Metals Dealers shall conform to the Code of the City of Lawrenceville, Georgia, Part I—Charter, Chapter 12, Business and Business Regulations, Article II. Business Regulations, Division 21.—Precious Metals Dealers.

200.3.64

Quarry, mining, borrow pit.

A.

Quarry, Mining, Borrow Pit areas being evacuated shall be entirely enclosed within a fence located at least 10 feet back from the edge of any excavation and of such constructions and height as to be demonstrably able to exclude children and animals from the quarry area.

B.

The operators and owners of the quarry present to the Mayor and Council an acceptable comprehensive plan for the reuse of the property at the cessation of the quarry operations.

C.

In the case of an existing quarry, an extension of the quarry operations beyond the areas being quarried or approved for quarrying at the effective date of this Ordinance shall be permitted and shall not be considered a new operation (provided that said extension does not extend to within 1,000 feet of a residential or commercial zoning district boundary line).

200.3.65

Recovered materials processing facility.

A.

Recovered Materials Processing Facilities shall meet the following design standards:

1.

Activities shall be limited to collection, sorting, compaction, and shipping.

2.

The facility shall not be located adjacent to or across the street from any property used for or zoned for single-family residential use.

3.

Any outside storage areas shall be screened by a minimum eight-foot-high solid wood fence; masonry wall; or slatted chain-link fence. Materials stored outdoors shall not be placed or stacked at a height exceeding that of the screening fence.

200.3.66

Recreational vehicles and vessels.

A.

Vehicle, Fully Autonomous Vehicle; Vehicle, Golf Car/Cart; Vehicle, Recreational; Vehicle Recreational Off-Highway Vehicle; Vessel, Homemade; Vessel, Mechanically Propelled; Vessel, Non-motorized; Vessel, Power Boat.

1.

A maximum of one Recreational Vehicle or Vessel, provided that:

2.

Has a maximum length of 45 feet;

3.

Is stored or parked in a side or rear yard on a hard surface as wide and long as the vehicle.

4.

The Recreational Vehicle may be connected to an outlet but may not be occupied.

5.

The setback for a Recreational Vehicle shall be five feet on the side yard, and 10 feet in the rear yard.

6.

A Recreational Vehicle may not be parked or stored where it would constitute a clear and demonstrable vehicular traffic hazard or be a threat to public health or safety.

200.3.67

Recycling and donation containers. Recycling and donation containers shall be prohibited in the City.

200.3.68

Retirement community—Continuing care. Retirement Community—Continuing Care facilities shall comply with the following:

A.

Permitted Use. Retirement Community—Continuing Care may be permitted in the RM-24 and CMU zoning classification.

B.

Special Use Permit. Retirement Community—Continuing Care may be permitted in the OI zoning classification with the approval of a Special Use Permit allowing Outdoor Storage, pursuant to the City of Lawrenceville Zoning Ordinance, Article 9, Section 907. Rezoning and Special Use Permit Application Public Hearing

C.

Area. Lot Area shall be a minimum of five (5) acres or 217,800 square feet.

D.

Road Classification. Retirement Community—Continuing Care facilities shall be located on a parcel of land adjacent to and directly accessed from roadway classified as an Arterial (Principal, Major, Minor), Collector Street (Major, Minor), or a State Highway.

E.

Prohibition. Duplexes shall be prohibited.

200.3.69

Retirement community—Independent living. Retirement Community—Independent Living facilities shall comply with the following:

A.

Permitted Use. Retirement Community—Independent Living facilities may be permitted in the RM-12, RM-24, and CMU zoning classification.

B.

Special Use Permit. Retirement Community—Independent Living facilities may be permitted in the OI zoning classification with the approval of a Special Use Permit allowing Outdoor Storage, pursuant to the City of Lawrenceville Zoning Ordinance, Article 9, Section 907. Rezoning and Special Use Permit Application Public Hearing

C.

Area. Lot Area shall be a minimum of five (5) acres or 217,800 square feet.

D.

Road Classification. Retirement Community—Independent Living facilities shall be located on a parcel of land adjacent to and directly accessed from roadway classified as an Arterial (Principal, Major, Minor), Collector Street (Major, Minor), or a State Highway.

E.

Prohibition. Duplexes shall be prohibited.

200.3.70

Schools and colleges (private).

A.

The proposed facility shall be located on a parcel of land adjacent to and directly accessed from roadway classified as an Arterial (Principal, Major, Minor), Collector Street (Major, Minor), or a State Highway.

B.

The proposed facility shall be located on a parcel of land with a minimum of two hundred (200) feet of road frontage.

C.

The proposed site contains at least five acres of land with at least four acres lying outside of any 100-year FEMA Flood Hazard area.

D.

Proposed buildings are setback not less than 50 feet from any street and not less than 20 feet from any side or rear property line. Note: If an abutting property is zoned non-residential, the minimum side and rear yard setbacks for the buildings shall match the minimum setbacks required of the adjacent zoning category where it abuts the non-residential category.

E.

Parking is not to be located within the 50-foot front yard setback.

F.

When adjacent to a property zoned for a single-family detached residential use, a buffer of at least 40 feet shall be provided along the common property line(s).

G.

The tract shall be one contiguous zoning classification.

H.

A Special Use Permit is required in AR zoning districts.

200.3.71

Self-storage and mini-warehouse facilities.

A.

Self-Storage and Mini-Warehouse Facilities shall meet the following restrictions and design standards:

1.

Storage units shall not be used for manufacturing, retail, or wholesale selling, office, other business or service use, or human habitation.

2.

Site access shall not be onto roadways classified as local residential streets.

3.

Outdoor speakers or sound amplification systems shall be prohibited.

4.

Such a facility may include one accessory manager's office/apartment which is clearly subordinate to the primary use of the facility for warehousing purposes.

5.

Provide adequate loading and unloading areas outside of fire lanes, required parking lanes, and travel lanes.

6.

Access to all storage units shall be from the interior of the main building. No access to a storage unit shall lead directly to the exterior of the building.

7.

No outdoor storage of any type shall be allowed at the facility.

200.3.72

Solar panels. Solar panels are permitted as an accessory use in all districts to promote clean, sustainable, and renewable energy resources. The intent of these regulations is to establish general guidelines to prevent off-site nuisances including unreasonable visual interference, light glare, and heat that the incorrect placement of solar panels may create. Furthermore, no solar panel system shall be constructed, erected, installed, or located before proper approval has been obtained pursuant to this Section.

A.

Requirements and Regulations. Solar panel systems shall conform to or be evaluated for compliance with the following standards:

1.

The proposed system is no larger than necessary to provide 120 percent of the electrical energy requirements of the primary structure to which it is accessory to as determined by a contractor licensed to install solar and photovoltaic energy systems.

2.

If roof mounted, the solar panel system shall:

a.

Be flush mounted on the roof unless good cause is shown by the applicant that the solar panel is not at an appropriate angle to obtain sufficient sun exposure.

b.

Be located in the most inconspicuous location on the roof so as not to be seen from the street, if possible, and still be able to function as designed; and

c.

Not extend higher than the peak of a sloped roof or higher than 5 feet from the top of a flat roof.

3.

If freestanding, the solar panel system shall:

a.

Not extend more than 10 feet above the existing grade in residential districts. In all other districts, the maximum height of a solar panel system will be determined on a case-by-case basis upon plan review.

b.

Not be located in a front yard.

c.

Not be located in any required side or rear yard setback areas for accessory uses.

d.

Not be positioned so as to reflect sunlight onto neighboring property, public streets or sidewalks, including onto any neighboring structures.

e.

Be landscaped at the base and the back of the panel structure if the structure is visible from neighboring property.

4.

All signs, both temporary and permanent, are prohibited on solar panel or solar collection systems, except as follows:

a.

Manufacturer or installer's identification information on the system.

b.

Appropriate warning signs and placards.

5.

Solar panel systems shall comply with all applicable sections of the City of Lawrenceville Building Code, International Building Code (IBC), and applicable industry standards such as the American National Standards Institute (ANSI), Underwriters Laboratories (UL), or an equivalent third party.

6.

All electrical transmission wires and connections on freestanding solar panel system shall be located underground.

B.

Utility Connection. Solar panel systems proposed to be connected to the local utility power grid shall adhere to corresponding statutory provisions of the Georgia Statutes. Maintenance. All solar panel systems shall be maintained in good working order.

200.3.73

Special event facility.

A.

Such facilities shall be located on a principle arterial, major arterial, minor arterial, major collector street, or a state highway.

B.

During inclement weather, there shall be sufficient space to safely shelter guests.

C.

Adequate permanent restroom facilities shall be provided, which shall meet the minimum requirements of the Gwinnett County Environmental Health section and building code requirements.

D.

Adequate off-street parking facilities shall be provided on-site.

E.

Such facilities shall meet the Lawrenceville Code of Ordinance: Special Events Facilities.

F.

Alcohol sales and consumption on the premises of a special event facility outside the Downtown Entertainment District is prohibited in HSB and HM zoning district.

200.3.74

Swimming pool, private. Private swimming pools exclusively for the use of residents of the premises and their non-paying guests subject to any other regulations and Ordinances of the City of Lawrenceville.

200.3.75

Tall structure permits.

1.

Required.

a.

Approval of a Special Use Permit.

b.

Any person shall obtain a Tall Structure Permit from the City prior to commencement of the erection within the city limits of Lawrenceville of a chimney, cooling tower, elevator bulkhead, fire tower, gas tank, solarium, steeple, stacks, stage tower or scenery loft, tank, water tower, ornamental tower and spire, wireless communication tower, television tower or radio tower or necessary mechanical appurtenances that would be fifty (50) feet or greater in height from the ground.

2.

Applications; Contents; Fee. All applications for Tall Structure Permit shall be submitted to the Planning and Development Department. Each application shall contain as a part thereof detailed plans and specifications which show the nature of the Tall Structure Permit, its proposed use, height of the Tall Structure Permit and its proposed location, with all property lines being clearly defined and distances from the proposed Tall Structure Permit to all property lines. An application for a Tall Structure Permit shall not be accepted for processing without the information required in this article. An application fee shall be charged by the department in an amount stated in the schedule of fees and charges.

3.

Review of application by Planning Department. If, upon receipt of an application for a Tall Structure Permit, the department deems that the proposed Tall Structure Permit may interfere with the use of the airways of the county by the public or interfere with the operation of existing or proposed airport facilities, a copy of the application shall be submitted by the department to the Gwinnett County Airport Division of the County Department of Transportation for review and recommendation.

4.

Public Hearing. Before taking action upon the proposed Tall Structure Permit, the City Council shall hold a public hearing on the matter. At least fifteen (15) days prior to the date of the public hearing, the City Council shall cause the following notice requirements to be instituted by the Planning and Development Department:

a.

A sign shall be erected in a conspicuous location, on or adjacent to the property under consideration. The sign shall state the time, place location, and purpose of the public hearing.

b.

A letter shall be sent by regular mail to all abutting property owners of record, as indicated by the county tax commissioners' records, giving notice of the public hearing. The letter shall state the same information as required for the sign permit.

5.

Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, the owners of the towers and antennas governed by this Ordinance shall bring such towers and antennas into compliance with the revised standards and regulations within six (6) months of the effective date of such standards.

6.

Building Codes and Safety Standards. To ensure the structural integrity of the towers, the owner of a tower shall maintain the tower in compliance with all City building codes and the applicable standards for towers published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the City determines that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with the standards. If the owner fails to bring the tower into compliance within thirty (30) days, the City may remove the tower at the owner's expense, in the manner provided in O.C.G.A. §§ 41-2-8—41-2-17.

7.

Criteria for Disapproval. All applications for a Tall Structure Permit shall be considered by the City and in the exercise of its discretion under the police power vested in the City Council may disapprove any application where the proposed Tall Structure Permit could interfere with or endanger the public using the existing or proposed air facilities located within the county, or where the Tall Structure Permit to be erected could endanger the person or property of citizens of the county, or where the Tall Structure Permit to be erected would not be compatible from an aesthetic viewpoint with existing or proposed development in the area of the proposed facility, or where the Tall Structure Permit to be erected would not be acceptable or after evaluation would be found to be incompatible from an architectural standpoint with existing or proposed Tall Structure Permits in the area.

8.

Penalty for violation of article.

a.

Any person who attempts to erect or erects a Tall Structure Permit described in this article without having first obtained a Tall Structure Permit from the City in the manner provided in this article shall be deemed in violation of this article. Any responsible party or other persons convicted by a court of competent jurisdiction of violating any provision of this article shall be guilty of violating a duly adopted Ordinance of the county and shall be punished either by a fine not to exceed $500.00 or by imprisonment not to exceed sixty (60) days, or both. The court shall have the power and authority to place any person guilty of violation of this article on probation and to suspend or modify any fine or sentence. As a condition of the suspension, the court may require payment of restitution or impose other punishment allowed by law.

b.

If any Tall Structure Permit is erected, constructed, reconstructed, altered, repaired, converted or maintained in violation of this article or without obtaining the required permits, or if any building, Tall Structure Permit or land is used in violation of this article, the City Attorney or other appropriate authority of the City, in addition to any other remedies, may institute an injunction, mandamus, or other appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use; or to correct or abate such violations. Each and every day such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use continues may be deemed a separate offense.

9.

Governmental Exemption. The provisions of this article shall not apply to City owned facilities and Tall Structure Permits.

10.

Zoning. No permit shall be issued for any Tall Structure Permit unless said Tall Structure Permit is to be located on property with a zoning classification of BG, BGC, HM, HSB, LM, or O-I.

11.

Severability. If any portion of this regulation is determined to be unconstitutional or otherwise unenforceable, the rest and remainder of this Ordinance shall remain in full force and effect.

200.3.76

Taxi or limousine service.

A.

All vehicles associated with the business shall be parked in the side or rear of the property, away from all public right-of-way, and not in areas normally utilized by customers.

B.

No more than 10 vehicles associated with the business shall be parked on site.

C.

Outdoor storage of anything other than the vehicles associated with this use shall be prohibited.

200.3.77

Temporary outdoor activity. Temporary Outdoor Activity shall comply with the following:

A.

Permitted Use. Temporary Outdoor Activities may be permitted in the BG, BGC, and HSB zoning classification.

B.

Businesses and Business Regulations. Temporary Outdoor Activity shall conform to the Code of the City of Lawrenceville, Georgia, Part I, Charter, Chapter 12, Business and Business Regulations, Article II, Business Regulations, Division 8, Temporary Outdoor Activity.

200.3.78

Title loan facilities. Title Loan Facilities shall comply with the following:

A.

Permitted Use. Title Loan Facilities may be permitted in the HSB zoning classification.

B.

Special Use Permit. Title Loan Facilities may be permitted in the BG zoning classification with the approval of a Special Use Permit, pursuant to the City of Lawrenceville Zoning Ordinance, Article 9, Section 907, Rezoning and Special Use Permit Application Public Hearing Process.

C.

Location. Title Loan Facilities businesses or uses restricted under this Subsection shall not be located:

[1.]

Within one thousand (1,000) feet of a regulated Title Loan Facilities businesses or uses.

[2.]

Within five hundred (500) feet of any parcel of land upon which consist of a civic center, governmental building, library, place of worship, public park or playground, or school (private or public).

[3.]

Within one hundred (100) feet of an RS-180, RS-150, RS-60, RS-50, RS-TH, RM-12, RM-24, and CMU zoning classification.

For the purpose of this Section, distance shall be by straight line measurement from the property line, using the closet property lines of the parcels of land involved. The term "parcel of land" means any quantity of land capable of being described by location and boundary, designated, and used or to be used as a unit.

D.

Road Classification. Title Loan Facilities shall be located on a parcel of land adjacent to and directly accessed from roadway classified as an Arterial (Principal, Major, Minor), Collector Street (Major, Minor), or a State Highway.

200.3.79

Truck sales, leasing, and/or service, heavy. See section 200.3.8, Automobile Sales or Auction and Related Service (Used or New Car Outdoor Sales Lot).

200.3.80

Vending machines.

A.

Outdoor storage of vending machines, boxes, or other similar containers used to distribute food or beverages, newspapers, propane tanks, ice, videos, or other similar consumer product, provided that the following requirements are met:

1.

The vending machine is not greater than seven feet in height or more than four feet in width or depth and the number of vending machines, boxes, or other similar containers shall not exceed one machine for each 3,000 square feet of building area and a maximum of three machines, boxes, or other similar containers per lot; and

2.

The machines shall be located against and parallel to the building facade.

200.3.81

Wood chipping and shredding, log splitting facility, and yard trimming composting facility.

A.

Wood Chipping and Shredding and Log Splitting Facilities shall meet the following restrictions and design standards:

1.

Such facilities shall not be located closer than 1,500 feet from residentially zoned property.

2.

Along the entire road frontage (except for approved access crossings), and along the side and rear property lines, provide a landscape earthen berm and/or a fence or masonry wall. Landscape earthen berms shall be three feet high with a maximum slope of three-to-one. Fences or masonry walls shall be a minimum of six feet high and composed of 100-percent-opaque solid wood. The fence/wall or berm must be located outside of any public right-of-way and interior to any landscape strip. The finished side of a fence/wall shall face the exterior property lines.

B.

When yard trimming composting facilities are present:

1.

Composting materials shall be limited to tree stumps, branches, leaves, and grass clippings, or similar putrescent vegetative materials, not including animal products, inorganic materials such as bottles, cans, plastics, metals, or similar materials.

2.

Along the entire road frontage (except for approved access crossings), and along the side and rear property lines, provide a landscape earthen berm and/or a fence or masonry wall. Landscape earthen berms shall be three feet high with a maximum slope of three-to-one. Fences or masonry walls shall be a minimum of six feet high and composed of 100-percent-opaque solid wood. The fence/wall or berm must be located outside of any public right-of-way and interior to any landscape strip. The finished side of a fence/wall shall face the exterior property lines.

(Ord. No. 2023-20(Zon.), § 2, 10-23-2023)