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Lilburn City Zoning Code

ARTICLE 6

- USE AND SUPPLEMENTAL CONDITIONS TABLES

Section 601.- How to use this table.

Each table looks similar to the example below:

PUBLIC INFRASTRUCTURE SPECIFIC USES R-1 R-2 MU OT CB O-I I-A U.S. 29 Section Reference Comment/Condition
Transit Bus, train, or taxi lots and facilities S S S
Parking Lot, Deck P 1 S P 1 P 1 P 1 S 20 acre minimum for commercial vehicle storage lot.
Passenger Facilities P P P P P P P P Includes transit stops, GTC stations.
Utilities Cellular/Wireless Communication Tower S S S S S S Ch. 117 New Towers. Refer to Telecommunications Towers and Antennas Code for alterations
Electric Substation or Gas Regulator Station C C C C C C C C Article 6: Sec. 603 As deemed required for location to serve land uses in vicinity.
Public Utility Facilities C C C C C C C C

 

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First column lists general groupings (e.g. Public Infrastructure Types for the category listed in the column header (Public Infrastructure)).

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Second column lists specific uses.

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Middle columns represent each City of Lilburn zoning and/or overlay district (OT, and U.S. 29), with a use code.

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The letters corresponding to use codes are as follows:

Blank Use is Not Permitted in that district
P Use is Permitted in that district, subject to comments, Supplemental Conditions (Sec. 603), Specific Use Provisions (Article 7) and business licensing restrictions.
C Use is Permitted subject to Administrative Conditional approval, requiring the Planning Director or designee to review and apply conditions as specified in: Use Table; Supplemental Conditions Table (Sec. 603); and/or Specific Use Provisions (Article 7) in addition to relevant conditions imposed during the review and approval process.
S Use requires a Special Use Permit, requiring public hearing and subject to conditions and approval by City Council.
P 1 Use is Permitted, but only as an Accessory Use to a principal use. This letter code does not pertain to those uses specifically identified under the column header 'Accessory Uses'

 

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Section Reference column indicates ordinance section number(s) with additional standards related to the specific use either in the Supplemental Conditions Table (Article 6 - Section 603): or Article 7.

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Comment/Condition column indicates applicable additional information, conditions or restrictions pertaining to a use for implementation in a particular zoning or overlay district.

(Ord. No. 2016-503, Exh. A, 6-13-2016; Ord. No. 2022-596, Att. 1, 11-14-2022; Ord. No. 2023-602, Exh. A, 5-8-2023; Ord. No. 2023-603, Exh. A, 6-12-2023)

Section 602. - Use table.

SPECIFIC USES R1 R2 MU* OT CB O-I IA U.S.
29 		Section
Reference 		Comment/
Condition
*Upon Master Concept Plan approval
RESIDENTIAL USES
Residential Dwelling Types Single-family Detached P P P P See development standards for minimum unit size and lot configurations.
Single-family (cluster-cottage, creative lot configuration) P P P P S S U.S. 29 Overlay Provisions Permitted as part of a mixed-use development in CB under the U.S. 29 Overlay with Concept Plan review.
Single-family Attached (fee simple) S P P S S Sec. 734
U.S. 29 Overlay Provisions
Art. 7 		Permitted as part of a mixed-use development in CB under the U.S. 29 Overlay with Concept Plan review.
Single-family Attached (condominium) S P P S S Sec. 734
U.S. 29 Overlay Provisions 		Permitted as part of a mixed-use development in CB under the U.S. 29 Overlay with Concept Plan review.
Boarding and Rooming Houses S Limited to not more than 10 non-transient boarders.
Residential as Component of Mixed-Use Building P P S S Sec. 603
U.S. 29 Overlay

Sec. 702		 Includes accessory apartments and condo or MF units above or behind ground floor commercial in MU and CB under the U.S. 29 Overlay.
Conservation Subdivision S S Art. 7 Conditions apply.
Duplex S P P Sec. 734
U.S. 29 Overlay Provisions
Art. 7
Live/Work Residence P P P Sec. 603 Permitted in mixed- use, OT Overlay, and U.S. 29 Overlay. Where resident's business is located.
Manufactured/Modular Home C Art. 7 Mobile home on axles and wheels excluded. Includes pre-fab/modular.
Multi-family Attached Condominium S P S S S Sec. 736
U.S. 29 Overlay Provisions 		Permitted as part of a mixed-use development in CB under the U.S. 29 Overlay with Concept Plan review.
Multi-family (other) S P S S S Sec. 736
U.S. 29 Overlay Provisions 		Permitted as part of a mixed-use development in CB under the U.S. 29 Overlay with Concept Plan review.
Multi-Family (age restricted) S P S S S S Sec. 603
Sec. 736
U.S. 29 Overlay Provisions 		Permitted as part of a mixed-use development in CB under the U.S. 29 Overlay with Concept Plan review. In OT, density restricted to 18 du/ac.
ACCESSORY USES
Dwelling Uses Accessory Use — attached P P P S S S Art. 7, Sec. 701 and
Sec. 702
Amateur Radio Transmitter P P P P P P P P
Caretaker or Watchman Quarters P P As an accessory use.
Community Amenity Recreation Facility (subdivision tennis courts and/or pool or building) P P P S P P Permitted as part of a mixed-use commercial project in CB under U.S. 29 Overlay in MU. Commercial standards apply.
Conservation and/or Common Area P P P P P P P P Permitted when integrated into site plan as non-primary use and recorded on final plat.
Dormitory P P Permitted as ancillary supporting use to a hospital use, medical facility, or associated educational facility.
Residential Home-based Occupation C C C C C C C Art. 716 Subject to HO criteria and licensing. In OI and CB, permitted in existing residential dwellings only.
Pet House Structure P P P P Restricted to rear yard setback area. No kennels.
Private Tennis Court P P P P Art. 7 Administrative conditional approval required for lighting.
Storage Shed P P P P Rear yard only. Subject to setback, bldg. separation and material review.
Swimming Pool (private) P P P P Art. 7 Subject to structure separation and fencing requirements.
Business Farm Stand Sale of Products Produced on Premises C C Requires a temporary use permit in nonresidential districts and subject to minimum lot size and setback requirements.
Personal Hair Salon S S Single family residence only.
Short Term Rental C C C C C C Art. 7 Compliance inspections and business license apply.
Agricultural Non-commercial Keeping of Fowl/Livestock C Art. 7 Subject to minimum lot size and setback requirements on private lot.
Non-commercial Agriculture C Subject to minimum 1 acre lot size, R-1 minimum setback, and floodplain requirements on private lot.
Agricultural/Livestock Accessory Buildings and Uses P P Includes ponds, fishing lakes, barns, storage/tack sheds. Subject to minimum lot size and setback requirements.
Private Horse Stables Riding for Residents C Art. 6, § 603 Subject to minimum lot size and setback requirements.
PARKS AND RECREATION USES
Parks and Trails Community Garden P P P P P P P
Parks P P P P P P P P Permitted use under U.S. 29 Overlay under O-I district. The planning director may designate certain areas in parks as allowing dogs and/or other pets to be off-leash.
Passive Open Space P P P P P P P P Includes greens and non-paved common areas in mixed-use commercial projects in MU and CB under U.S. 29 Overlay.
Walking Trails/Greenway P P P P P P P P
Community Sports Facilities Athletic Fields (with lights) S S P S P S
Athletic Fields (non-lighted) S P S P P P
Community
Center/Gymnasiums 		S S P S P P P P
Public Swimming Facilities S S S S P P P P
Public Tennis Facilities S S S S P P P P
PUBLIC/INSTITUTIONAL USES
Care Facilities After School Program C C C C P P P P Art. 6, § 603 Permitted in conjunction with a family day care facility in a residential unit, or daycare center in commercial districts.
Continuing Care Retirement Facilities S S S P P S Art. 7 May include many levels of independent living through nursing home care.
Day Care Center Facilities (all ages) C C C C C Art. 7
Family Daycare Home C C C C Art. 7
Group Home (small) S S S S Art. 7 A community living arrangement with 6 or fewer unrelated adults in a residence, plus caretakers. In R1 & MU limited to 4 adults.
Group Home (large) S S Art. 7 A community living arrangement with 7 to 12 persons plus caretakers.
Halfway House S S S Transitional Housing Facility.
Homeless Shelter S S
Hospitals P P P P
Hospice P P P P P
Institutional Residential Living and Care Facility S S S P P S Art. 7 Includes assisted living facility, intermediate care home, nursing home, skilled nursing care facility.
Assembly Assembly Hall P P P P P
Banquet Halls P P P P Min. Square footage requirements for alcohol sales (see Article 6)
Prohibited as an accessory use unless associated with a Hotel.
Club, Private P P P P P P
Community Center P P P P P City, Gwinnett County or Non-profit.
Hookah/Vapor Bar or Lounge C C U.S. 29 Overlay Provisions Subject to Sec. 735, city licensing and other State laws.
Meeting Hall, Fraternal Organization, Civic Clubs or Lodges P P P P P P Non-commercial - not for profit (VA, Elks, Masons, Greek Fraternity). No overnight lodging.
Religious Assemblies S S S P P P P P Art. 7
Public Safety/Government Fire and Police Stations P P P P P P P P
Government Buildings/Facilities P P P P P P P P Includes post office.
Educational Educational Facilities (Public) S S S S S S S S Art. 7
Library P P P P P P P P
Museum P P P P P P P P
Private, Vocational, Trade Schools S S S S Art. 7
PROFESSIONAL SERVICES
Business Office Accounting Firm, Bookkeeper Offices P P P P P P
Administration P P P P P P
Advertising Agency P P P P P P
Architect, Engineer, Land Development Office P P P P P P
Auto Leasing and Brokerage Office C C C C C C Art. 6, § 603 Internet sales only, no display or inventory.
Brokerage Firm P P P P P P
Consulting Firm P P P P P P
Corporate Headquarters P P P P P P
Employment Agency P P P P P P
Financial Institutions P P P P P P Automatic teller as accessory use.
Insurance Sales P P P P P P
Law Firm/Attorney P P P P P P
Real Estate Office P P P P P P
Secretarial Services P P P P P P
Travel Agency P P P P P P
Medical/Clinical Chiropractor P P P P P P
Counseling Services P P P P P P
Dentist/Orthodontist/Oral Surgeon P P P P P P
Doctors' Office P P P P P P
Medical Clinic/Emergency Care P P P P P P Pain Mgmt. further restricted by licensing requirements (distance to sensitive uses).
Veterinary Clinic C P P P Grooming and care allowed. No outdoor boarding. Adaptive reuse of dwelling permitted in MU.
Veterinary Clinic with Outdoor Kennel S P S Art. 6, § 603 Outdoor boarding. May include large animals as appropriate.
Other Charitable Institution (office) P P P P P P
Public Utility or Other Similar Professional Office P P P P P P Public office in MU and CB limited to tenant or component of mixed-use, office park, or commercial center.
Office Park S S S P S Art. 6, § 603
Office Condominiums P P P P P P
Other Similar Professional Office Uses Not Specified C C C P P C Subject to administrative conditional approval.
COMMERCIAL
Personal Services Barber Shop, Hair Salon P P P P P P
Clothing Alterations P P P P Includes tailors and seamstresses.
Dance/Fitness/Karate Studio P P P P P Limited to 2,500 sq. ft. in MU* and OT.
Dry Cleaner and Laundry Facilities (no drive-thru) P P P P Includes delivery, pick up and self-service facilities, limited to 2,500 sq. ft. of total floor space.
Dry Cleaner (with drive-thru) C P C Art. 7 Limited to 2,500 sq. ft. No less than 3 vehicle stacking for drive through.
Nail Salons P P P P P P Subject to licensing requirements.
Laundromats P P
Music and Art Instruction P P P P P Includes ancillary sale of equipment, instruments and accessories.
Shoe Repair P P P P P
Tanning Salons P P P P P
Weight Loss/Nutrition Centers P P P P P
Other Similar Personal Services Not Specified C C C C C Subject to licensing and distance requirements from sensitive uses in all districts.
Food and Convenience Stores Bakery P P P P P
Candy Stores P P P P P
Convenience Store w/out Gas Pumps C P P P No automatated car wash as an accessory use permitted in MU.
Convenience Store w/Gas Pumps S S P S Art. 6, § 603
Art. 7 		Automated car wash as accessory use permitted only in CB.
Drug Store w/Drive Thru Pharmacy C P P P P Administrative conditional approval required with Drive-Thru in MU. No less than 3 vehicle stacking for drive through.
Fruit and Nut Stores P P P P P
Grocery Stores C P P P Art. 7 Square footage limitations in MU.
Health, Nutrition and Vitamin Food Stores C C P P P Limited to 2,500 sq. ft. in MU and OT.
Ice Cream Shops P P P P P
Newsstands P P P P P P
Specialty Food Stores P C P P P Includes ancillary catering services. Square footage limitations in TC.
Dining Bars, Taverns, Microbrewery S S S P S Art. 7 Permitted with food service only and administrative conditional review.
Cafes and Coffee Shops P P P P 1 P P Permitted in O-I as accessory use.
Restaurants (no drive-thru) P P P P P Includes bar or lounge subject to liquor sales licensing.
Restaurants (with drive-thru) S S P S No less than 3 vehicle stacking for drive through.
Wine Shop P P P Subject to City and State Licensing requirements. Permitted as a primary use or accessory use to a Restaurant (no drive-thru) only.
Clothing Bridal, Formal Wear P P P P P
Clothing Store, Boutique or Similar P P P P P
Consignment Store P P P P P
Maternity Shop P P P P P
Shoes or Children's Shoes P P P P P
Specialty Store P P P P P Includes leather shops, uniform stores, women's foundations/lingerie.
Artists and Craftsmen's Stores Antique Store P P P P P Refurbishing and restoration only in IA.
Artists' Studios and Galleries P P P P P Includes pottery.
Art/Hobby/Craft/School Supply Shop P P P P P Big Box prohibited in MU and OT.
Frame Shops P P P P P
Interior Design Services and Shop P P P P P Maximum 2,500 sq. ft. building limitations in OT.
Music Studio, With Accessory Sales P P P P P
Photography Sales and Studios, Film Developing P P P P P
Specialty Retail Bicycle Store P P P P P Temporary outdoor display only.
Bookstores P C P P P Limited to 2,500 sq. ft. in OT.
Camera/Photo Supply P P P P P
Cellular Phone Vendor Sales and Service P P P P P
Cigar/Tobacco Shops P P P P P Art. 6, § 603
DVD, Computer Game, and CD Music Rental and Retail Stores P P P P P Big box prohibited in MU and OT. Equipment sales limited to accessories and software.
Fabric Shop P P P P P
Florist P P P P P P
Furniture Repair and Upholstery C P P Limited to 2,500 sq. ft. in MU.
Gift Shops P P P P 1 P P Accessory use in O-I.
Hardware Store C C P P P Big Box prohibited in MU and TC. No outside storage.
Jewelers P P P P P Includes repair.
Locksmith P P P P P
Mailbox, Copy and Mailing Service P P P P P P
Musical Instrument Sales and Repair P P P P P
Optical and Hearing Center P P P P P P
Pest Control Business P P P P P
Pet Supply, Pet Shop, w/Grooming P C P P P Size limitations of 2,500 sq. ft. building space in OT. No outdoor facilities.
School Supply P P P P P
Small Appliance, Electronics Sales and Service P P P P Includes TV, stereo equipment, DVD and similar electronics.
Stationary Shop P P P P
Toy Store P C P P P Subject to 2,500 sq. ft. building space restriction in OT.
Other ATM Bank Machines P P P P P
Bed and Breakfast Inn S S S Art. 7 Allowed in OT under R-1 zoning.
Hotel/Motel P P P No extended stay allowed.
Kennels C All structures and elements used for housing animals shall be located at least 300 feet from dwelling or business on any property.
Funeral Homes/Crematories P P P Art. 6, § 603 Crematory allowed in conjunction with funeral home. Stand-alone crematories subject to state law.
Cemetery—New S S 1 S Art. 6, § 603 New cemetery allowed as accessory to funeral home in CB.
Planned Commercial Center C P P P Within MU, limited to 8,000 square feet per acre.
Radio, Recording, TV Studios and Broadcasting P P P
Similar specialty uses and services not specified P P P P 1 P P Subject to administrative conditional approval. Retail and service are incidental uses in O-I districts.
Shops and Stores Big Box Retail Stores P P Includes wholesale/retail.
Boat Sales and Service S P S Subject to auto sales and service requirements.
Computer Sales and Service P P P P P
Contractor's Office
(Building, Electrical, Plumbing Contractor) 		P P P P P P Office functions only in MU, OT, CB and US29.
Contractor's Offices with Outdoor Storage S P S Art. 6, § 603
Art. 7
Copy Centers and Print Shops C C P P P Size limitations of 2,500 sq. ft. building space in MU and OT.
Department Stores, Discount Stores C P P P Size limitations of 2,500 sq. ft. building space in MU and OT.
Furniture Stores and Showrooms C P P P Size limitations of 2,500 sq. ft. building space in OT.
Garden Supply, Nursery and Greenhouses P C P P P Greenhouse must be enclosed within principal building. Limited to 2,500 sq. ft. in MU or OT.
Home Improvement Center with Garden Centers P P P S Art. 6, § 603 With outdoor storage. In IA, may include open mulch/ground cover storage.
Retail Package Stores, Liquor Stores S S S S S Art. 7
Photocopy and Reproduction Service P P P P
Shoe Stores P P P P P
Sign Shops P P P
Sporting Goods Stores C P P P P Limited to 2,500 sq. ft. in MU. No on-site uniform fabrication or screening.
Weaving, Knit, Needlecraft Shop P P P P P Includes instruction.
Auto and Equipment Oriented Uses Auto Supply and Accessory Store P P P No service, installation or repair.
Auto and Truck Service Center S P S Art. 6, § 603 Includes oil/lubrication and similar maintenance repair. No body or paint repair.
Auto and Truck Dealership S P S Art. 6, § 603 Includes limited service. No body repair.
Auto Rental Agency C P C Office with no service or repair. Must have designated parking spaces in multi-tenant centers and CB/U.S. 29
Car Washes and Detailing S P S Art. 7 Includes self-service. Buildings must be oriented so that wash bays do not directly face U.S. 29.
Emission Inspection S P S Stand-alone.
Equipment Rental and Sales P/S P Excluding heavy equipment with no service. SUP required for service and outside storage.
Heavy Equipment Rental, Sales or Service S P Includes heavy equipment, bulldozers, backhoes, forklifts, cranes, and similar. SUP required for outside storage or display in CB. Excludes heavy repair.
Gas and Service Stations S P S Art. 7 Stand-alone only.
Motorcycle Sales and Service S P No outdoor service. Outside storage shall be screened.
Tire Store S P C Art. 6, § 603 Installation and service permitted only in enclosed bays. In U.S. 29 Overlay, subject to design criteria.
Vehicle Storage Lots S S Art. 7, § 733 Minimum lot size 20 acres, security fencing required, no sales, service, washing, or detail operations on premises, and no junk vehicles.
Supply and Wholesale Building Supply, Equipment Sales and Showroom with Outdoor Storage P P S Art. 6, § 603 Includes cabinets, kitchen, pool, lumber, electrical plumbing, and similar uses.
Office Supply Stores P P P
Paint, Wallpaper, Flooring Supply and Sales P P P
Entertainment Venues Arcades, Billiards S S S
Bingo and Trading Card Gaming Establishments P P
Single or Multiplex Movie Theaters P P
Theaters P P P P P
Commercial Recreation Fitness Center, Athletic Club P P P P P
Golf Driving Range P P S
Indoor Recreation Complex P P P
Miniature Golf/Go Carts/Water Park S S S
Private, Not-For-Profit Recreational Facilities S S S Art. 7
Skateboard Park S S S Includes ancillary sales and screened outdoor area.
Skating Rink P P P Roller and/or ice skating or hockey.
Swimming Facilities/Swim Schools P P P Privately owned and operated.
Restricted Uses Auto and Truck Body and Heavy Repair Services S S Art. 6, § 603 Includes body and paint shops, van conversion, transmission and major vehicle overhaul.
Adult-Oriented Establishments S City Code Refer to City Code for requirements.
Body Piercing/Tattoo Shops S Part II, Ch. 23 Refer to Municipal Code Part II: Chapter 23, Body Art Studios and Artists for conditions.
Drive-in Movie Theaters S
Flea Markets S S Art. 7 Outdoor, temporary facility only.
Manufactured Home and Building Sales P New and used.
Mobile Food Vending C C C C C C C C Art. 7, § 721 Refer to § 738 for brewery policy.
Pawn Shops/Title Pawn/Check Cashing Business S Art. 7
Private Clubs, Nightclubs, Taverns S S S Art. 7
Self-Storage, Mini Storage S S S S Allowed only on properties fronting an arterial or major collector street. In MU/US29, site dimensions and architectural elements consistent with US29 Commercial Corridor Overlay and subject to additional conditions: multi-story, climate controlled, valet or on-demand, no outdoor storage, no truck storage or rental. Wall signage limited by office square footage.
Smoke/Vape Shop
LIGHT INDUSTRIAL
Research/Science Agricultural Research P P
Medical Lab P P P P P Subject to Master Concept Plan approval in MU.
Research Facilities P P
Science Laboratories P P
Similar Research Facilities not Specified S S
Production and Processing Commercial Bakery/Catering and Food Preparation P Includes preparation, cooking and/or baking, and packaging. Short term storage permitted.
Custom Manufacturing P Includes assembly.
Technology Industry P
Machine, Welding, Radiator/Muffler Repair S Art. 6, § 603 Outside storage not permitted in business parks.
Breweries and Soft Drink Bottling S S S P S Art. 7, Sec. 737 provisions, city licensing and State law May include commercial production facilities.
Newspaper Printing Plant P
Distillery C P C Distillery uses with a gross floor area of 10,000 S.F. or greater are required to have a tasting room component.
Light Storage/Distribution/Warehousing Building Supply Lumber Yards C See Light Outdoor Storage Outdoor storage screening required subject to administrative conditional review.
Light Outdoor Storage C Art. 6, § 603 Not permitted in office park or planned business park. Vehicle storage prohibited.
Warehousing, Wholesaling, Storage and Distribution (Light) C Art. 6, § 603
Other Light Industrial/Business Park C Art. 6, § 603
HEAVY INDUSTRIAL
Production and Processing Agricultural Processing C Art. 6, § 603 May include activities which create emissions within federal standards.
Alternative Energy Production S Art. 6, § 603 Solid waste incinerator and/or microwave facility prohibited.
Dry Cleaning Plant S Art. 6, § 603
Heavy Industrial C Art. 6, § 603 May include activities which create emissions within federal standards.
Manufacturing, Processing C Art. 6, § 603 May include activities which create emissions within federal standards.
Distribution and Storage Bulk Container Storage S Art. 6, § 603
Distribution Centers P
Towing and Wrecker Service P Art. 6, § 603 Business Truck and operable vehicle parking only. Screening requirements apply.
Wrecked Motor Vehicle Compound S Article 6: Sec. 603 Min. Lot Size 2 acres. Temporary Storage Only. No dismantling or salvage yard.
Reclaimed Materials Processing Facility S Art. 6, § 603 Recovered materials processing does not include any operation which changes the nature of a material, its chemical composition, or its physical qualities.
Truck and Railroad Terminals S
Wholesaling, Storage and Distribution (Heavy) S
PUBLIC INFRASTRUCTURE
Transit Bus, train, or taxi lots and facilities S P S Within MU and CB, lot or facilities shall be underground or on ground floor of the primary use and screened from views at street level.
Parking Lot, Deck P S P P P S 20-acre min lot for vehicle storage.
Passenger Facilities P P P P P P P P Includes transit stops, no lots or GTC or transfer stations in R1, R2, MU or OT Overlay.
Utilities Cellular/Wireless Communication Tower S S S S S S Refer to Telecommunications Towers and Antennas Code.
Electric Substation or Gas Regulator Station S S S S S S S S Art. 6, § 603 As deemed required for location to serve land uses in vicinity.
Public Utility Facilities S S S S S S S S
TEMPORARY USES
Temporary Construction Field Office/Mobile Buildings/Portable Storage Units* C C C C C C Art. 7 Permitted in conjunction with the development or redevelopment of any permitted or special use, during the construction period, subject to a temporary use permit.
Temporary Outdoor Events C C C C C C Art. 6, § 603
Art. 7 		Includes Christmas Tree lots, Pumpkin Patch/Halloween Sales, carnivals.
Produce Stands C C C C C C Art. 7 Temporary use permit required.
Farmer's Market C C C C C C Art. 7 Temporary use permit required.
Charitable/Non-Profit Events C C C C C C Art. 6, § 603
Art. 7 		Exempt from fees, subject to approval of a temporary use permit.
Temporary Retail Sales and Display Activities C C C C C C Art. 7 Includes parking lot sales, tent sales, sidewalk sales in association with an existing business located on the premises as a principal use, subject to approval of a temporary use permit.
Yard Sale P P P P Art. 6, § 603 On properties zoned and occupied for residential use.
Other Special Temporary Uses at a Flea Market Facility C C C Art. 7, § 714-4 Includes but not limited to: auctions, antique shows, farmers markets, traveling road shows, conventions, races, gun shows, boat shows, car shows, live entertainment, circuses, fairs, festivals.

 

(Ord. No. 2014-473, Exh. A, 9-8-2014; Ord. No. 2016-503, Exh. A, 6-13-2016; Ord. No. 2019-542, 10-14-2019; Ord. No. 2020-548, 2-10-2020; Ord. No. 2020-551, Exh. A, 7-13-2020; Ord. No. 2020-553, 9-14-2020; Ord. No. 2021-569, Pt. II, 7-12-2021; Ord. No. 2022-587, § I, 6-13-2022; Ord. No. 2022-596, Att. 1, 11-14-2022; Ord. No. 2023-602, Exh. A, 5-8-2023; Ord. No. 2023-603, Exh. A, 6-12-2023; Ord. No. 2023-613, Exh. A, 8-14-2023; Ord. No. 2023-618, Exh. A, 10-9-2023; Ord. No. 2024-630, Exh. A, 6-10-2024; Ord. No. 2024-640, Exh. A, 12-9-2024)

Section 603. - Supplemental conditions table.

SPECIFIC USE ZONE CONDITION
ACCESSORY USES
Agricultural Private Horse Riding Stables for Resident R-1 1. Use of private stables shall be limited to property with a minimum of three acres which is not part of a platted subdivision.
2. No structure or corral shall be located closer than 100 feet to any property line.
Residential Dwelling Types Multi-family Age Restricted R2, MU, OT, CB, U.S. 29 1. This use is intended to be located in areas of more intensive development near retail and services, with access to public transportation.
2. Minimum lot area and setbacks apply (two acre lot area with 200 foot frontage width; 40 ft. side and rear yards).
3. Minimum unit size of 550 sq. ft. for one bedroom and 750 sq. ft. for two bedroom.
4. Maximum 25 du/ac density.
5. Six story or 80' height limit.
6. Minimum 150 foot building distance from adjacent R zones.
7. Buildings shall have sprinkler systems in all common areas; standpipe systems on every floor.
8 Entire building will have approved monitoring smoke detection systems installed in accordance with NFPA Codes.
9. Access will be provided in all areas around building to insure proper placement of fire equipment.
Residential as Component of Mixed-Use Building MU, OT,
CB/U.S. 29 		1. A minimum of 30 percent of total square footage of buildings in a MU project shall include residential uses as a component of a mixed-use building (commercial and/or office).
2. Residential use component may not exceed 70 percent of square footage of the building.
3. Structure must be two stories or greater.
4. Residential shall be located on upper floors above ground floor business or to the rear of the building.
5. Where adjacent to a required buffer, the minimum required side yard or rear yard setback(s) may increase an additional five feet for every ten feet of increase in building height above 35 feet.
6. All visible frontages shall be detailed with architectural elements.
7. Required garage and off-street parking must be located to the rear of a minimum of 50 percent of mixed-use buildings.
8. Business portion shall have direct entry from street frontage sidewalk. Entrances to residential, office or other upper story uses shall be clearly apparent in form and location of ground floor uses.
Business Live/Work Residence OT Overlay, MU 1. Permitted use provided additional parking is provided at one space per 1,000 square feet of office use.
2. Residential appearance to be maintained.
3. Permanent occupancy not required.
4. On residential properties a sign not larger than six square feet or four feet in height is allowed.
Dwelling Uses Subdivision Tennis Courts and/or Pool R-1, R-2, MU*, CB/U.S. 29 1. Permitted as accessory to residential portion of a mixed-use development in CB under the U.S. 29 Overlay, and in MU.
2. Permitted in R-1 and R-2 when included as dedicated or reserved area on final recorded subdivision plat.
PUBLIC/INSTITUTIONAL
Care Facilities After School Program R-1, R-2, MU*, OT, CB, O-I After-school programs are permitted as an associated use to all schools, religious institutions and day care facilities in the MU, O-I or CB districts with administrative review in R-1, R-2, MU and OT when located within a residence in association with a family day care home with the following conditions.
1. The after-school program is limited to no more than four consecutive hours per day, and within the hours of 2:00 p.m. and 6:30 pm.
2. A permanent fence enclosing any designated play areas shall be constructed before commencing the after school program use.
Day Care Center MU*, OT, O-I, CB, IA See Article 7, Section 708
Family Daycare Home R-1, R-2, MU*, OT See Article 7, Section 710
Group Home R-1, R-2, MU*, O-I See Article 7, Section 715
COMMERCIAL USES
Specialty Retail Cigar/Tobacco Shop CB, IA, U.S. 29 1. Lot must be located on major arterial with a minimum of 100 feet of road frontage.
2. hg;No new cigar or tobacco shops will be allowed within 200 yards of any church, temple, place of worhsip, daycare, school, college, privately owned public space, university or governement-owned facilities or properties.
3. Cigar or tobacco shops will not be permitted within 500 yard of another cigar or tobacco shop.
4. Shops will be limited to a maximum size of 2,000 square feet and must be on ground floors, operating between 6 a.m. and 11 p.m.
5. hg;Comply with any other city and state ordinances pertaining to licensing requirements for a cigar or tobacco shop.
Auto and Equipment Uses Auto, Motorcycle and Truck Service Center CB/U.S. 29, IA 1. Special use permit required in CB or U.S. 29 Overlay.
2. In CB and U.S. 29 Overlay, buildings shall be designed in consideration of the context of the site and area. The design shall complement and be compatible with the predominant architectural theme of the U.S. 29 Overlay or of the integrated development site.
3. No body or paint repair.
4. Service permitted only in enclosed bays.
5. All service bays shall be oriented so as to parallel U.S. 29 and other major arterial roadways on which they are located, and/or when within 300 feet of property zoned or used for residential uses.
6. All service bays shall have a 100 percent opaque screen of a minimum of three and one-half feet on surrounding street frontages.
Auto, Motorcycle and Truck Sales or Dealership CB, IA 1. SUP required in CB.
2. Sales lots shall have dedicated vehicle inventory parking.
3. All existing vehicle display areas with frontage on U.S. 29, and any new facilities with frontage on major arterial roadways, shall be screened to a minimum height of two and one-half feet.
4. Minimum one acre useable site in IA, min. 5 acre site in CB.
5. Minimum 200 foot roadway frontage.
6. Two elevated display racks are permitted per motor vehicle sales lot, not to exceed five feet in height.
Auto Leasing and Brokerage Office MU, OT, CB, O-I, IA, U.S. 29 Subject to Administrative Conditional approval, requiring the Planning Director or designee to review and apply conditions as specified below in addition to relevant conditions imposed during the review and approval process.
1. Auto leasing and Brokerage Offices shall be limited to internet sales only, no display or inventory.
2. hg;Auto Leasing and Brokerage Offices may not be co-located with other Auto and Equipment related uses.
3. hg;Office with no service or repair.
4. Must have designated parking spaces in multi-tenant centers and CB/U.S. 29.
See Art. 7, § 732
Vehicle Storage Lots CB, IA See Art. 7, § 733
Restricted Uses Auto and Truck Body and Heavy Repair CB/U.S. 29, IA 1. Special use permit required in CB or U.S. 29.
2. In CB, auto repair buildings shall be designed in consideration of the context of the site and area. The design shall complement and be compatible with the predominant architectural theme of the U.S. 29 Overlay or of the integrated development site.
3. Service permitted only in enclosed bays.
4. All service bays shall be oriented so as to parallel U.S. 29 and other major arterial roadways on which they are located, and/or when within 300 feet of property zoned or used for residential uses.
5. All service bays shall have a 100 percent opaque screen of a minimum of three and one-half feet on surrounding street frontages.
6. Damaged vehicles and/or vehicles undergoing repair shall be enclosed within an eight-foot high, opaque fence.
7. Outdoor storage of dismantled and inoperable autos and parts is prohibited.
8. Driveway access on through lots should not be allowed on streets primarily servicing property zoned or used for residential uses.
9. Exterior building elevations facing public streets shall be a minimum of 50 percent of the storefront in clear glass.
10. A five-foot minimum planter should be provided around the footprint of all building elevations except at pedestrian and vehicular entrances to said building and at any building elevation abutting a landscaped perimeter yard.
11. A safe pedestrian path should be provided from the required on-site parking to the primary customer entrance.
Supply and Wholesale Building Supply Center with Outdoor Lumberyard CB, IA 1. SUP required in CB.
2. No fabrication or outside storage permitted in CB under the U.S. 29 Overlay.
3. Storage or equipment areas must be screened with a six feet high, opaque fence.
Contractor's Offices with Outdoor Storage CB, IA 1. SUP required in CB.
2. Storage or equipment areas must be screened with a six-foot high, opaque fence.
Food and Convenience Stores Convenience Food Store with Pumps MU*, CB 1. SUP required for fuel pumps.
2. A ten-foot landscaped strip shall be provides along ROW.
3. Fuel pumps and canopies covering fuel pumps are permitted in the front yard setback provided they are located a minimum of 15 feet from the ROW, and the canopies are located at least ten feet from the ROW.
4. No outdoor storage is permitted.
5. Display of beverages in permanent containers on pump islands as specified in Article 7, Section 724.
Personal Services Dry Cleaning Facility MU*, CB, IA 1. Limited to 2,500 square feet and no drive-thru facilities in MU.
2. Incidental to primary industrial or business park uses in IA.
Dry Cleaning with Drive-Thru CB, IA, U.S. 29 See Article 7, Section 710 for additional conditions.
Shops and Non-Food Stores Home Improvement with Garden Center CB/U.S. 29, IA 1. A six-foot high solid fence must surround all storage areas for business vehicles, equipment and bulk storage.
2. All principal and accessory structures must conform to the building code with no agricultural exceptions.
3. Outdoor plant displays access walks shall comply with site accessibility requirements of the building code.
4. Required parking spaces and drive aisles shall be asphalt or concrete. Business vehicle and equipment parking and drive area may be gravel/crush and run in IA.
5. Customer parking requirements for outdoor retail display areas shall be one space for every 500 square feet of retail space.
Other New Cemetery R-2 New cemeteries, provided any new cemetery allowed under this paragraph:
1. Has 100 or more feet of frontage along a street classified as a minor arterial or higher grade thoroughfare,
2. Is adjacent to an existing cemetery or immediately across a public right-of-way from an existing cemetery,
3. Is located entirely outside the Lawrenceville Highway Corridor Overlay,
4. Has its boundaries shown on a plan that is filed with the city,
5. Complies with other all other development regulations of the city, and
6. Burial of human remains shall be entirely within concrete vaults.
Funeral Home/Crematory CB/U.S. 29 Subject to state law.
Hotel, Motel MU*, CB/U.S. 29 1. Guest rooms shall be accessed internally to the building with no direct room access to the outside.
2. Lobby shall be a minimum of 700 square feet.
3. Minimum site shall be two acres.
4. On-site management required on 24 hour basis in an office within the primary structure.
5. Each room must have a minimum of 300 square feet and access with a magnetic keycard entry/locking device.
6. For buildings containing three stories or less or no more than 130 rooms, minimum roof pitch is 4:12.
7. Outside storage of commercial equipment is prohibited.
8. No business license shall be issued for any business operating out of a guest room of the facility.
9. When adjacent to residentially zoned property, a 100 foot landscaped buffer is required. On existing vacant/undeveloped sites, and where feasible, 75 feet of such buffer in natural state is required.
10. Any outdoor recreation areas/pools must be located to the rear of the site or internal courtyards.
11. Extended stay is prohibited.
Amusement Game Room CB/U.S. 29 1. Every amusement game room in the city shall comply with the proximity provision for businesses licensed to sell alcohol, set out in ARTICLE III, Sec. 6-64.
2. No amusement game room in the city shall offer to the public more than six bona fide coin operated amusement machines.
3. All machines shall, at all times, be kept and placed in plain view of and open and accessible to any person who may frequent or be in any place of business where such machines are kept or used.
4. See additional licensing requirements in Chapter 14, Article V.
PROFESSIONAL SERVICES
Medical/Clinical Veterinary Hospital with Outdoor Kennel CB/U.S. 29, IA 1. Special use permit required.
2. Outdoor boarding and/or runs permitted, located at least 300 feet from any existing residential use or business when measured from property line of subject property to residence or business establishment of closest properties.
Other Office Park MU*, CB/U.S. 29, IA 1. Distributive functions such as loading, unloading, storage, packaging and unpackaging shall be limited to ten percent of the total building area and five percent of the total lot area.
LIGHT INDUSTRIAL
Production and
Processing 		Machine, Welding, Radiator, Muffler Repair Shops IA Permitted with screening in business/light industrial parks and stand-alone facilities.
1. Outside storage not permitted in business/light industrial parks.
2. In stand-alone establishments, conditions of Light Outdoor Storage establishments shall apply.
Light Storage/Distribution/Warehousing Light Outdoor Storage IA Includes outdoor storage yards for building material and equipment used in the conduct of the business subject to the following conditions:
1. They shall not be located within the required front yard.
2. They shall be screened by a solid fence a minimum of eight feet in height.
3. Conditions also apply to outdoor storage established in connection with a permitted building or other use in IA.
Other Light Industrial/Business Park IA Includes all light industrial uses not objectionable by reason of the emission of noise, vibration, smoke, dust, gas, fumes, odors, or radiation, do not create fire or explosion hazards, and do not require outdoor storage, and ancillary retail and service establishments clearly incidental to primary uses.
HEAVY INDUSTRIAL
Heavy Manufacturing and Distribution Heavy Equipment/Farm Sales, Repair and Service IA Subject to following conditions and location compatibility review:
1. The facility is not located closer than 300 feet to a residential, commercial, institutional, mixed-use, Old Town or U.S. 29 Overlay boundary.
2. The sales or repair yard shall be completely enclosed with a solid opaque fence not projecting into the required front yard, not less than eight feet in height, to effectively screen storage and operations from public view.
3. All repair bays visible from an adjacent ROW shall be oriented parallel to the roadway.
4. Must meet standards of Article 7, Section 727 Open Display, and all applicable state/federal environmental regulations.
Distribution and
Storage 		Bulk Storage Tanks IA Subject to following conditions and location compatibility review:
1. No above ground storage tanks may be located closer than 500 feet to the R-1, R-2, MU, CB and O-I districts or Old Town or U.S. 29 Overlay boundary.
2. All storage is subject to approval of the fire department.
3. Stored materials are not dangerous to public health, safety or welfare.
Wrecked Motor Vehicle Compound IA Subject to following conditions and location compatibility review:
1. The yard is not located closer than 300 feet to a mixed-use, Old Town Overlay district or U.S. 29 Overlay boundary.
2. The yard is completely enclosed with a solid opaque fence not projecting into the required front yard, not less than eight feet in height to effectively screen all storage and operations from public view.
3. Meet all applicable state and federal environmental regulations.
Reclaimed Materials Processing Facility IA A special use permit is required to operate a recovered materials processing facility on private property, subject to the following requirements:
1. Activities shall be limited to collection, sorting, packaging, resale, and shipping.
2. Collection area shall be screened by a solid opaque fence or similar screening to a height of six feet.
3. All materials delivered outside of structure must be removed from any outdoor unloading area and brought into a fully enclosed interior space within a time limit as established per the special use permit.
4. All materials collected shall not be visible once deposited in a bin or bunker. All sorting and collection bins shall be enclosed and stored inside a fully-enclosed building.
5. A minimum distance of 1,000 linear feet is required for properties located adjacent to or across the street from any property used for or zoned for residential use.
6. Lighting for such facilities shall be placed in such a fashion as to be directed away from any nearby residential areas.
Production and
Processing 		Agricultural Processing IA Subject to following conditions and location compatibility review:
1. Are not public nuisances.
2. Are not dangerous to public health, safety or welfare.
3. Meet all applicable state and federal environmental regulations.
Alternative Energy Production IA Subject to following conditions and location compatibility review:
1. Are not public nuisances.
2. Are not dangerous to public health, safety or welfare.
3. Meet all applicable state and federal environmental regulations.
Dry Cleaning Plant IA 1. Dry cleaning plants using systems which make use of solvents rated at above 40 according to the Underwriters' Laboratories, Inc. Standard of Classification known as class I systems shall be prohibited.
2. Dry cleaning plants which make use of solvents rated at more than five, but less than 40, according to the Underwriters' Laboratories, Inc. Standard of Classification, known as class II and III systems, shall not be established in buildings with other occupancy and shall only be established in buildings which shall be setback not less than 20 feet from any side or rear property line and another building.
3. The applicant for such a plant shall certify in writing at the time of application that all the above conditions shall be met.
Manufacturing,
Processing 		IA Subject to following conditions and location compatibility review:
1. Are not public nuisances.
2. Are not dangerous to public health, safety or welfare.
3. Meet all applicable state and federal environmental regulations.
Other Prohibited Industrial Uses IA The following uses shall be prohibited in all districts and may not be approved for the district, even as a special use:
1. Coal Burning Facilities;
2. Paper and pulp manufacturers;
3. Explosives, including fireworks manufacture or storage in bulk quantities;
4. Garbage, offal, dead animal reduction or dumping;
5. Mining and related activity;
6. Quarrying and related activity;
7. Stock yards, commercial;
8. Conversion of energy by nuclear fusion or fission;
9. Blasting.
10. Salvage yard.
PUBLIC INFRASTRUCTURE
Utilities Electric Substation or Gas Regulator Station All zones 1. The structures are placed at least 50 feet from any property line.
2. The structures are enclosed by a vinyl coated woven wire fence a minimum of eight feet in height.
3. A minimum 25 foot buffer strip is provided along the side and rear property lines but, not extending into the required front yard, planted with evergreen trees and shrubs that grow at least eight feet in height to provide a visual screen.
4. No vehicles are stored on the premises.
TEMPORARY USES
Temporary Outdoor Events Yard Sale R-1, R-2, OT, MU Yard sales, where permitted, shall not exceed three consecutive days for each yard sale. A yard sale on a particular property shall not occur more frequently than once in a six-month period.

 

(Ord. No. 2014-473, Exh. A, 9-8-2014; Ord. No. 2016-503, Exh. A, 6-13-2016; Ord. No. 2019-542, 10-14-2019; Ord. No. 2022-596, Att. 1, 11-14-2022; Ord. No. 2023-597, Att. 1, 2-13-2023; Ord. No. 2023-602, Exh. A, 5-8-2023; Ord. No. 2023-603, Exh. A, 6-12-2023; Ord. No. 2024-640, Exh. A, 12-9-2024)