701-1. Residential accessory structures. Accessory buildings, structures, and uses shall be located in a rear yard or side yard, unless otherwise specifically provided in this chapter.

1.

Use restrictions. In a Residential district, accessory uses customarily located within front or side yards of residences may include but shall not be limited to the following: Walls and fences as permitted in this article, mail boxes, driveways, walkways, lamp posts, landscaping, and basketball goals adjacent to driveways. In R-1 and R-2, accessory uses and driveways may not exceed 40 percent of the front yard.

a.

No accessory uses or structures, except driveways, mailboxes or landscaping, shall be located within a public right-of-way.

b.

Accessory uses customarily located within rear yards of residences may include but shall not be limited to the following: storage buildings; patios; decks; trellis, arbors and gazebos; dog runs; dog pens and houses; detached garages, playground equipment and similar unenclosed yard structures; fences and walls as permitted in this article, and satellite dishes on lots with less than three acres, and which do not conflict with subdivision covenants. Tennis courts and swimming pools, including spas, hot tubs and whirlpools, are permitted as accessory uses subject to additional provisions as follows:

(1)

Private swimming pools and their customary accessory buildings and structures shall be located in rear yards and shall be five feet from all side and rear lot lines and be enclosed by a wood or wrought iron wall or fence not less than four feet nor more than eight feet in height.

(2)

Tennis courts on individual residential lots shall be located in rear yards and shall be setback at least 15 feet from all side and rear lot lines and be enclosed by fence at least eight feet high. Lighting for the private tennis court shall be permitted only by administrative conditional review and approval.

c.

Accessory uses customarily located in rear yards may be permitted in a side yard subject to approval of an administrative variance where lot configuration and size will not accommodate the placement of accessory uses in the rear yard.

2.

Setback. Accessory buildings, unless otherwise specifically provided, shall be located a minimum of five feet from any side or rear property line. Minor accessory structures as defined by the director which do not constitute buildings or yard structures, including but not limited to: walls, fences, driveways, and landscaping, are exempt from the minimum setback from any side or rear property line.

3.

Height. Accessory buildings shall not exceed two stories or 24 feet in height in residential zoning districts. Yard structures are limited to 12 feet in height.

4.

Size limitations. In no case shall an accessory building or structure exceed the square footage of the principal building or structure to which it is accessory. No patio cover, trellis, arbor, gazebo or similar structure shall cover more than 50 percent of the required rear area setback.

5.

Timing. No accessory building, structure, or use shall be erected on a lot until construction of the principal building or establishment of principal use has commenced. Accessory buildings and structures must be constructed in conjunction with, or after, a building permit for the principal building is lawfully approved or use is established.

701-2. Non-residential accessory uses. Non-residential accessory structures shall meet the following requirements below:

1.

Such accessory structures shall be located a minimum of five feet from all property lines, other accessory structures, and the principal structure.

2.

Accessory structures shall not exceed 15 feet in height unless such structure is located entirely in the buildable area of the lot on which such structure is located; then the height shall be subject to the maximum height requirements set forth for that particular zoning district (Article 4, Table 4.1 or 4.3).

3.

The square footage of all accessory structures on a lot shall not exceed 50 percent of the rear yard.

4.

The square footage of an accessory structure shall not exceed 50 percent of the area of the primary structure on the same lot.

5.

Any corrugated and/or sheet metal building may not exceed a maximum of 200 square feet in area and ten feet height. Any larger accessory structure is required to use stucco, wood siding, brick or other material with similar texture.

701-3. Exceptions. Exceptions to the following uses or structures are as follows:

1.

Commercial gasoline pump canopies shall be permitted in an appropriate district when setback a minimum of 15 feet from all property lines and the overhang of the canopy shall be setback a minimum of five feet from all property lines.

2.

Guardhouses located at entrances to residential subdivisions, multi-family developments, industrial sites, and educational facilities shall be permitted provided such accessory structures are located a minimum of ten feet from any property line.

3.

Covered outdoor eating shelters and play structures shall be permitted in any yard provided such structures shall not encroach into the required setbacks set forth in Article 4 for the district in which such use is located.

(Ord. No. 2016-503, Exh. A, 6-13-2016; Ord. No. 2019-542, 10-14-2019; Ord. No. 2023-603, Exh. A, 6-12-2023)

In zoning districts where permitted, residences above or behind commercial and office uses in the same building shall meet the following requirements:

702-1. Code compliance. The dwelling unit shall comply with all applicable city building and fire codes. Kitchen facilities shall be allowed.

702-2. Floor area requirement. Minimum floor area requirements for an apartment unit shall be the following:

1.

Three-bedroom, 900 square feet.

2.

Two-bedroom, 750 square feet.

3.

One-bedroom, 600 square feet.

4.

Studio/loft (in existing buildings), 450 square feet.

702-3. Parking. Minimum number of parking spaces: Two spaces for each dwelling unit plus three spaces for each 1,000 square feet of commercial use.

702-4. Lighting. Parking lot outdoor lighting shall be directed away and shielded from residential above or behind commercial use and from abutting residential districts or use. Freestanding street lighting fixtures shall have a maximum height of 35 feet.

702-5. Limitations. Commercial uses shall be limited to the permitted uses in the MU district plus the retail and office uses permitted in the CB district under the U.S. 29 Overlay excluding restricted uses, retail package stores, or other businesses having primarily sales of package beer and/or wine.

702-6. Noise attenuation. Sound-deadening construction materials and techniques should be used and bedrooms should be oriented away from noise sources.

702-7. Detached garage provisions. An attached garage structure accommodating such apartment, if provided, shall not exceed the height of the principal building on the lot and shall meet the principle setbacks of the district.

Bed and breakfast inns are subject to the following standards:

703-1. Ownership residency. The owner of the property, or one of the owners if more than one, must reside in the facility.

703-2. Employees. The bed and breakfast inn shall be operated exclusively by members of the resident family, except that one nonfamily worker shall be permitted.

703-3. Maximum occupancy. The maximum allowable occupancy shall be ten adult guests. Each guestroom shall be limited to two adults, with the exception that parents traveling with minors or dependents shall be allowed a total occupancy of four individuals.

703-4. Residential appearance and additions. In residential zoning districts where permitted, the facility shall retain its single-family residential appearance. The operation of the bed and breakfast in residential zoning districts where permitted shall be limited to the existing structures built for single-family residential use. No additions, alterations or modifications to the existing structures shall be allowed which would change the residential character of the property.

703-5. Meals and food service limitations. Food service shall be limited to morning meals only and may be served only to registered guests. No food preparation or cooking for guests shall be conducted within any guest room, and the guest rooms shall not contain kitchen facilities.

703-6. Parking. The bed and breakfast inn shall provide one parking space per guest room, for a maximum of five required spaces. In residential zoning districts where permitted, no parking spaces may be located in the front yard of the residence.

1.

No on-street parking shall be allowed.

2.

Parking spaces shall be screened from all adjoining residential properties with either a solid fence a minimum of five feet in height, or evergreen trees and shrubs, densely planted.

703-7. Signage. In residential zoning districts where permitted, one identification sign shall be permitted, provided it is no larger in size than six square feet.

703-8. Registration. All bed and breakfast operations are subject to the hotel/motel tax of the city. Required registration and reporting forms must be obtained from the city.

(Ord. No. 2023-603, Exh. A, 6-12-2023)

Car wash facilities are subject to the following conditions.

704-1. Minimum lot size. A minimum lot size of 20,000 square feet shall be required for a car wash facility.

704-2. Orientation. When located within the U.S. 29 Overlay, buildings must be oriented so that wash bays do not directly face U.S. 29, or be screened as specified by the conditions of the special use permit.

704-3. Vehicle stacking. A minimum of five stacking spaces for queuing cars shall be provided per car wash bay.

704-4. Required yard activity. Car wash facilities shall not conduct any drying, cleaning, polishing, dispensing of gasoline or other comparable operation within any landscape areas.

704-5. Exit drives. The establishment shall provide exit drives that are a minimum of 100 feet in length, measured from the vehicle exit of the car wash establishment to the pavement edge of the street.

704-6. Surface drainage. The surface and drainage treatment at the exit drive shall be designed so that no water accumulates on the surface or onto the public right-of-way or adjoining properties as a result of the car wash operations.

704-7. Water recycling. A car wash facility shall provide for the recycling of wash water to the extent possible with technology and equipment available at the time of development. All new commercial conveyor car washes permitted after June 13, 2016 must be designed with operational recycled water systems that recycle a minimum of 50 percent of water utilized. The facility location may be further restricted by current applicable Environmental Health, Stormwater, and Sewer regulations.

(Ord. No. 2016-503, Exh. A, 6-13-2016; Ord. No. 2019-542, 10-14-2019; Ord. No. 2023-603, Exh. A, 6-12-2023)

If a condominium form of ownership is proposed, the development shall meet all applicable state laws including the Georgia Condominium Act (O.C.G.A. § 44-3-70 et seq.). Proposed bylaws and the articles of incorporation for the condominium association shall be submitted to the director with the application for development approval.

706-1. Purposes.

1.

To provide for the preservation of green space as a nonstructural stormwater runoff and watershed protection measure.

2.

To provide flexibility to existing residential zoning districts that permits innovative design in order to promote environmentally sensitive and efficient uses of the land.

3.

To permit clustering of houses and structures on less environmentally sensitive soils which will reduce the amount of infrastructure, including paved surfaces and utility easements, necessary for residential development.

4.

To reduce erosion and sedimentation by minimizing land disturbance and removal of vegetation in residential development.

5.

To encourage interaction in the community by clustering houses and orienting them closer to the street, providing public gathering places and encouraging use of parks and community facilities as focal points in the neighborhood.

6.

To encourage street designs that reduce traffic speeds and reliance on main arteries.

7.

To promote construction of convenient landscaped walking trails and bike paths both within the subdivision and connected to neighboring communities, businesses, and facilities to reduce reliance on automobiles.

706-2. Special use permit required. A conservation subdivision single-family development may be overlaid upon R-1 and R-2 districts, with access to public sanitary sewer, provided that applicant for such a development is granted a special use permit by the mayor and council of the city after receiving recommendations from the city planner and planning commission and after a public hearing.

1.

If a tract, lot or parcel of land does not have one of the qualifying underlying zoning districts, then the applicant and/or property owner must apply to rezoning the property in accordance with Article 10 of this resolution [ordinance].

2.

The proposed CSO development shall adhere to all other applicable requirements of the underlying zoning district and the development regulations.

706-3. Ownership of development site. The tract of land to be subdivided may be held in single and separate ownership or in multiple ownership. If held in multiple ownership, however, the site shall be developed according to a single plan with common authority and common responsibility.

706-4. Permitted uses.

1.

Those uses permitted in the underlying districts are permitted.

2.

Permitted uses of green space may include the following:

a.

Conservation of natural, archeological or historical resources.

b.

Meadows, woodlands, wetlands, wildlife corridors, game preserves, or similar conservation-oriented areas.

c.

Walking or bicycle trails, provided they are constructed of porous paving materials.

d.

Passive recreation areas.

e.

Active recreation areas, provided that they are limited to no more than ten percent of the total green space and are not located within primary conservation areas. Active recreation areas may include impervious surfaces. Active recreation areas in excess of this limit must be located outside of the protected green space.

f.

Agriculture, horticulture, silviculture or pasture uses, provided that all applicable best management practices are used to minimize environmental impacts, and such activities are not conducted within primary conservation areas.

g.

Nonstructural stormwater management practices.

h.

Easements for drainage, access, and underground utility lines.

i.

Other conservation-oriented uses compatible with the purposes of this ordinance.

3.

Prohibited uses of green space:

a.

Golf courses.

b.

Roads, parking lots, and impervious surfaces except as specifically authorized in the previous sections.

c.

Agricultural and forestry activities not conducted according to accepted Best Management Practices.

d.

Other activities as determined by the applicant and recorded on the legal instrument providing for permanent protection.

706-5. Density. Subdivisions in the overlay district shall not exceed a maximum net density as follows:

1.

R-1 district: 2.3 units per acre with 40 percent green space or 3.0 units per acre with 50 percent green space.

2.

R-2 district: 3.0 units per acre with 50 percent green space.

706-6. CSO special use permit application process. An application for a special use permit for a Conservation Subdivision Overlay use shall provide sufficient information for the mayor and council to determine that the purposes stated in [Section] 706-1 are being furthered through the development of the property under the requirements of this article. In order to act upon a special use permit application, the developer and/or owner must submit the following exhibits and information together with any forms presently required by the city in order for the requested CSO special use permit to be considered.

1.

Site analysis map. Applicant shall prepare and submit a site analysis map. The purpose of the site analysis map is to ensure that the important site features have been adequately identified prior to the creation of the site design, and that the proposed green space will meet the requirements of this article. The preliminary site plan shall include the following features:

a.

Property boundaries;

b.

All streams, rivers, lakes, wetlands and other hydrologic features;

c.

Topographic contours of no less than ten-foot intervals;

d.

All primary and secondary conservation areas labeled by type, as described in Section 707-8 and 707-9 of this article;

e.

General vegetation characteristics;

f.

General soil types;

g.

The planned location of protected green space;

h.

Existing roads and structures; and,

i.

Potential connections with existing green space and trails.

j.

Historical or archaeological resources.

2.

Concept plan. Concurrent with the submission of a site analysis map, a concept plan shall be submitted by the developer containing the following information:

a.

Delineation and specifications of green space including calculations and exclusions; and any "pocket parks," "greens," play areas, or trail systems to be constructed.

b.

A typical detail on the plan indicating dwelling size, lot width, building setback lines, off-street parking, street trees, sidewalks, and street pavement and right-of-way width.

c.

Lot width average, area and percent of floodplain specifications in tabular form; and density calculations (gross and net).

3.

Proposed dwelling elevations. Applicant shall submit elevations consistent with the dwellings proposed in the subdivision.

4.

Letter of intent. The applicant shall prepare a letter, to be submitted with the special use permit exhibits, containing the following:

a.

A statement describing how the proposed concept plan will preserve the green space required under this article and any improvements to the property.

b.

A statement describing how the proposed green space will be managed under the requirements outlined in Section 706-7.

c.

A statement outlining how the proposed green space will be permanently protected, such as through a conservation easement, permanent restrictive covenant or dedication to the city, and as described in Section 706-7.

706-7. Green space provisions. The minimum restricted green space shall comprise at least 40 percent of the gross tract area. In order to qualify for this overlay district, green space shall meet the following requirements:

1.

Priority shall be given in delineating green space areas as those areas of significance identified in the site analysis map, around which the built areas are designed.

2.

Green space shall remain undeveloped and natural except for the provision of non-motorized passive recreation opportunities such as running, walking, biking, and similar outdoor activities. Wetlands and stream bank mitigation projects are also permitted.

706-8. Primary conservation areas. The following are considered primary conservation areas and are required to be included within the green space, unless the applicant demonstrates that this provision would constitute an unusual hardship and be counter to the purposes of this article:

1.

The regulatory 100-year floodplain;

2.

Buffer zones of at least 75-foot width along all perennial and intermittent streams;

3.

Slopes above 25 percent of at least 5,000 square feet contiguous area;

4.

Wetlands that meet the definition used by the Army Corps of Engineers pursuant to the Clean Water Act;

5.

Populations of endangered or threatened species, or habitat for such species; and,

6.

Archaeological sites, cemeteries and burial grounds.

706-9. Secondary conservation areas. The following are considered secondary conservation areas and should be included within the green space to the maximum extent feasible.

1.

Important historic sites.

2.

Existing healthy, native forests of at least one acre contiguous area.

3.

The area out to the outermost drip line of individual existing healthy trees greater than 8 inches caliper.

4.

Other significant natural features and scenic viewsheds such as ridge lines, peaks and rock outcroppings, particularly those that can be seen from public roads.

5.

Prime agricultural lands of at least five acres contiguous area.

6.

Existing trails that connect the tract to neighboring areas.

7.

Pocket parks," "greens" and storm water management facilities and practices may be constructed and maintained in green space. Pocket parks or greens shall not exceed ten percent of the total green space.

706-10. Exclusions. Excluded from meeting the minimum amount of green space are the following:

1.

Proposed permanent lakes. No more than 50 percent of land area located within a proposed permanent lake may be credited.

2.

Recreation area improvements. Impervious surfaces in recreation areas shall not be credited.

3.

Easements. Land area within power, gas pipeline easements, sewer line easements or pump stations shall not be credited.

4.

Residential yards.

5.

Other. Land area devoted to public or private streets or any land that has been, or is to be, conveyed to a public agency via a purchase agreement for such uses as parks, schools, or other public facilities shall not be credited.

706-11. Ownership and management of green space.

1.

Ownership of green space. The applicant must identify the owner of the green space who is responsible for maintaining the green space and associated facilities.

a.

If a homeowners association is the owner, membership in the association shall be mandatory and automatic for all homeowners of the subdivision and their successors.

b.

If a property owner's association is the owner, the property owner's association shall have lien authority to ensure the collection of dues from all members.

c.

The responsibility for maintaining the green space and any associated facilities shall be borne by the owner.

2.

Management plan. Prior to the issuance of a land disturbance permit, the developer shall submit a plan for management of green space and common facilities ("plan") that:

a.

Allocates responsibility and guidelines for the maintenance and operation of the green space and any facilities located thereon, including provisions for ongoing maintenance and for long-term capital improvements.

b.

Estimates the costs and staffing requirements needed for maintenance and operation of, and insurance for, the green space and outlines the means by which such funding will be obtained or provided.

c.

Provides that any changes to the plan be approved by the city council.

d.

Provides for enforcement of the plan.

3.

Failure to maintain green space. In the event the party responsible for maintenance of the green space fails to maintain all or any portion in reasonable order and condition, the city may assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance.

a.

The costs of such maintenance may be charged to the owner, property owner's association, or to the individual property owners that make up the property owner's association, and may include administrative costs and penalties.

b.

Such costs shall become a lien on all subdivision properties.

706-12. Legal instrument for permanent protection. Green space, delineated on the final plat and required to be in the primary conservation area, shall be permanently protected.

1.

Secondary conservation areas may also be protected by the same permanent protection options.

2.

The instrument for permanent protection shall include clear restrictions on the use of the green space. These restrictions shall include all restrictions contained in this article, as well as any further restrictions the developer chooses to place on the use of the green space.

3.

Permanent protection shall be provided by one of the following three options:

a.

A permanent conservation easement in favor of a land trust or similar conservation-oriented non-profit organization with legal authority to accept such easements. The organization shall be bona fide and in perpetual existence and the conveyance instruments shall contain an appropriate provision for retransfer in the event the organization becomes unable to carry out its functions.

b.

A deed conveying ownership of the green space to a property owner's association shall be recorded and delivered prior to, or concurrent with, the approval of the first phase of the subdivision; or

c.

A deed conveying the ownership of the green space to the city shall be recorded and delivered prior to, or concurrent with, the approval of the first phase of the subdivision.

706-13. Development requirements. Subdivisions in this overlay district shall meet the following requirements:

1.

Minimum subdivision size: Five contiguous acres.

2.

Lot area: No minimum.

3.

Average lot width: The average width of all building lots shall be at least 70 feet. Exception:

a.

Lots that abut non-overlay properties shall meet the standard width requirement of the underlying district;

b.

Green space at least 50 feet wide shall be provided.

4.

Minimum road frontage per lot: 45 feet. Exception: Road frontage may be reduced to 25 feet for lots with frontage upon cul-de-sac or "eyebrow cul-de-sac" turnarounds.

5.

Minimum yard areas (setbacks):

a.

Front: 20 feet. Exception: The front yard setback may be reduced to five feet if dwellings are provided rear entry garages. To qualify for the reduced setback on a corner lot, side entry garages must be located to the side adjacent to an abutting lot.

b.

Rear: 20 feet.

c.

Side: Five feet.

6.

Exterior project street frontage green space strip: 50 feet in width (not part of any building lot). Landscape entry features such as fences and walls may be allowed in the green space strip.

7.

Maximum height: 35 feet.

8.

Minimum floor area: Each dwelling unit shall have a minimum heated finished living area, excluding a basement, attic, carport or garage, as follows:

a.

One story: 1,000 square feet.

b.

Two story: 1,500 square feet.

9.

Sodded yards: All grassed areas on dwelling lots shall be sodded.

10.

Garages: Dwellings shall have two-car garages.

11.

Street trees: Street trees, in accordance with the requirements of the buffer and landscape ordinance, shall be provided.

12.

Underground utilities: Utilities shall be located underground.

(Ord. No. 2014-473, Exh. A, 9-8-2014)

707-1. Minimum lot area. Minimum lot area shall be three acres.

707-2. Buffer required. A minimum 15-foot wide buffer, five of which may be within the required setback, shall be required along all property lines abutting a single-family residential district or use to provide a visual screen.

707-3. Materials. Homes/buildings shall be constructed with materials compatible with surrounding uses, and in accordance with design guidelines under the U.S. 29 Overlay.

A day care center facility shall be considered by this ordinance to be any place operated by a person, society, agency, corporation, institution or group, and licensed by the State of Georgia where group supervision is provided for pay for fewer than 24 hours per day. In zoning districts where permitted, day care centers (inclusive of day nurseries, nursery schools, pre-schools/Pre-K, and adult day care) shall meet the following conditions:

708-1. Child day care.

1.

License. The city must be provided with proof of licensing from the appropriate State licensing agency.

2.

Play area required. The state requirements for outdoor recreation areas and indoor space shall be met.

3.

Circulation. Adequate and safe areas for the drop-off/pick-up of patrons shall be provided outside of any public right-of-way, fire lanes or required driveways.

708-2. Adult day care licenses. The city must be provided with proof of licensing from the appropriate State licensing agency. All other State site requirements shall be met.

(Ord. No. 2014-473, Exh. A, 9-8-2014; Ord. No. 2016-503, Exh. A, 6-13-2016)

Dry cleaners with drive-thru services are allowed in the CB, and U.S. 29 Overlay districts, provided the following conditions are met:

709-1. Distance from residential property. Dry cleaners with drive-through windows shall not be located within 100 feet of a residentially zoned property or use (R-1, R-2, OT or residential component of a mixed-use project in the MU and CB/U.S. 29 Overlay).

709-2. Vehicle stacking. A minimum of three stacking spaces for queuing cars shall be provided for the drive-thru area.

(Ord. No. 2023-603, Exh. A, 6-12-2023)

Family day care homes shall be considered by this ordinance to be an occupied residence in which adult or child day care is regularly provided for no more than six persons, unattended by a parent or legal guardian, including those children living in the home and children received for day care who are related to the resident care giver. Provided, however, that an occupied residence in which child day care is regularly provided only for a child or children related to the resident caregiver, or only for the child or children of one unrelated family, or only for a combination of such children shall not be a family day care home.

710-1. License. The city must be provided with proof of licensing from the appropriate State licensing agency.

710-2. Fencing. A fenced area of not less than 750 square feet shall be provided entirely on the premises in the rear and/or side yards. No fence shall be less than four feet in height or greater than eight feet. Fences shall meet all design requirements, subject to approval by the city.

710-3. Loading and unloading. An on-premises area adequate for loading and unloading of children to be accommodated shall be provided and that area shall not be located within any public right-of-way.

(Ord. No. 2014-473, Exh. A, 9-8-2014)

Farmers markets in a permanent location are subject to conditional uses in the CB, IA, and MU districts and under the U.S. 29 Overlay and OT Overlay. All farmers markets established within the city are required to adhere to the following regulations:

1.

The operator or governing authority of a farmers market shall obtain an occupation certificate from the city prior to opening the farmers market.

2.

The city shall be provided a list of the names of persons, firms or corporations who shall provide produce or merchandise for sale as part of the public market. The list shall also generally describe the type of item sold by each said person, firm or corporation. The list shall be updated quarterly during the term of the business license.

3.

A temporary use permit is required in which a farmers market is not the primary and permanent use of the property, subject to the following:

a.

The proposed activity is in compliance with all safety, health, and environmental standards and is not detrimental to the surrounding area.

b.

Where feasible, the location of the farmers market shall be on sites that have convenient pedestrian, bicycle, public transit access, and sufficient off-street parking.

c.

The site is of a sufficient size to accommodate the intended temporary use.

d.

Safe and orderly flow of traffic can be ensured.

(Ord. No. 2023-603, Exh. A, 6-12-2023)

Walls and fences shall be permitted in any zoning district and are not subject to setback requirements of this resolution [ordinance], except that in residential zoning districts:

712-1. Height. No fence or freestanding wall, other than a retaining wall or necessary fencing encompassing a tennis court, shall be more than eight feet in height in a side or rear yard.

1.

Fences or freestanding walls constructed in a front yard of a residential lot shall not exceed four feet in height; provided, however;

2.

This shall not apply to subdivision or project identification monuments at the entrance to a subdivision or development and wall or fence extensions thereof, where permitted, which shall not exceed eight feet in height and columns shall not exceed ten feet in height.

712-2. Composition. Walls composed or constructed of exposed concrete block, tires, junk, or other discarded materials shall not be permitted.

1.

In all residential zoning districts, fences or walls erected within the front yard shall be ornamental or decorative and brick, stone, wood, stucco, wrought iron, or split rail.

2.

Chain link fences shall be permitted only in side and rear yards, except that a woven wire or metal fabric fence may extend into a front yard when the property contains a minimum of three acres in the R-1 district.

712-3. Gates. When gates for vehicular access are required or proposed abutting a public or private street, said gates shall not be located closer than 20 feet from a public right-of-way, to ensure safe ingress and egress.

712-4. Location. No fence or wall shall be constructed in a public right-of-way, except that retaining walls may be placed partially within the right-of-way of a local street if approved by the city as not posing a visibility or other public hazard.

1.

In the case of residential corner lots, a property owner may erect an opaque fence in one of the front yards only in cases where the property is classified as a corner lot.

2.

Said fence shall not be closer than ten feet from subject property line and no more than six feet in height, notwithstanding any other provision of this code to the contrary.

712-5. Subdivision fencing. Any subdivision entrance wall shall not exceed ten feet in height and shall be subject to approval of a landscape plan, site plan, and architectural elevations by the department.

712-6. Temporary fencing exempted. These requirements shall not apply to temporary fencing erected around a lot during construction of a building for security, safety, tree protection, or code compliance reasons.

(Ord. No. 2023-603, Exh. A, 6-12-2023)

Flea markets conditionally approved and permitted with a Temporary Use Permit are required to adhere to the following regulations:

1.

The property owner/lessor/rental agency shall be responsible for all products and services offered by individual vendors (tenant spaces, booths, tables, accessory uses, etc.);

2.

The property owner/lessor/rental agency is required to obtain a Lilburn Occupation Tax Certificate and shall require all vendors to obtain an Occupation Tax Certificate prior to operation;

(Ord. No. 2016-503, Exh. A, 6-13-2016)

Grocery stores shall be permitted with conditional administrative review in the MU district subject to the following conditions:

714-1. Maximum size requirement. No larger than 20,000 square feet.

714-2. Parking requirements. In MU, maximum off-street parking required shall be one parking space per 400 square feet of gross floor area. Shared parking shall be utilized between grocery stores and nearby businesses in order to minimize the need for new surface parking.

(Ord. No. 2016-503, Exh. A, 6-13-2016)

715-1. Limit. Small group home serves six or fewer individuals and includes personal care home. Large group home serves seven to 12 individuals. Maximum four adults in a single family residence in R-1 or MU district.

715-2. Full-time care. Home provides care on a 24-hour basis.

715-3. Residential character. All parts of the structure and property must be designed and maintained in a residential character equal to that found in the district.

715-4. Floor area requirements. To avoid unsafe or unhealthy conditions that may be produced by the overcrowding of persons living in these facilities, a minimum floor area per person shall be required below.

[715-5. Reserved.]

715-6. Total interior living space. A minimum of 175 square feet of interior living space shall be provided per residing facility resident. Interior living space shall include sleeping space and all other interior space accessible on a regular basis to all facility residents.

715-7. Minimum sleeping areas. A minimum of 70 square feet shall be provided in each sleeping space for single occupancy. A minimum of 60 square feet of sleeping space shall be provided for each bed in a sleeping space for multiple occupancy.

715-8. Bathroom facilities. One full bathroom with toilet, sink, and tub or shower per five residents plus an additional toilet and sink shall be provided for each additional group of three persons or less.

715-9. Density limitation/spacing. To avoid concentration of facilities, there shall be distance of at least 1,200 linear feet as measured in a straight line from property line to property line separating each facility.

715-10. Lot and building requirements. Each facility shall meet the lot and building requirements of the district in which it is located. All applicable fire safety codes, building codes, and housing codes. The property shall be served by public sewer.

715-11. Off street parking. Minimum of two off-street parking spaces or one parking space per shift employee, plus one per number of permanent vehicles stored at the facility shall be provided, whichever is greater.

715-12. Authorization from state and county agencies. It shall be the responsibility of the licensee to obtain all appropriate state or county licenses prior to issuance of a certificate of occupancy.

715-13. Licensing. All such facilities shall meet and comply with the applicable state, county and municipal rules and regulations and shall, where applicable, obtain state, county, and/or municipal licenses or evidence of eligibility for such licenses from the appropriate agencies prior to issuance of a building permit or occupation tax certificate.

(Ord. No. 2014-473, Exh. A, 9-8-2014; Ord. No. 2016-503, Exh. A, 6-13-2016)

One home-based occupation may be established as an accessory use to a dwelling as provided in permitted uses for the zoning districts established by this chapter. In districts where permitted, the following regulations shall apply to home occupations. Failure to meet one or more of these regulations at any time shall be unlawful and grounds for immediate revocation of the occupation certificate.

716-1. Physical limitations. The gross floor area of building devoted to a home occupation shall not exceed 25 percent of the gross floor area of the dwelling. An accessory building may be used in connection with the home occupation, subject to compliance with all other provisions of this section.

716-2. Alterations to the dwelling. Internal or external alterations inconsistent with the residential use of the principal building and applicable accessory buildings are prohibited.

716-3. Vehicles and parking. The conduct of the home occupation shall neither increase the normal flow of traffic nor shall it increase either on-street or off-street parking.

1.

Vehicles parked on site shall be owned and used by residents only, except for the parking of one employee vehicle as permitted by section 716-6.

2.

Parking of commercial vehicles shall be restricted according to Section 733 and storage of commercial vehicles shall be prohibited.

3.

Incoming vehicles related to the home occupation shall at all times be parked on site within the confines of the residential driveway or on an adjoining off-street approved parking surface outside the right-of-way and not to exceed parking limitations in a front yard.

4.

The home occupation operation shall not include receipt or transport of bulk goods or people by commercial vehicles and no deliveries shall be permitted other than by U.S. mail or similar package delivery services.

716-4. Equipment, off-site impacts, and nuisances. No home occupation shall generate traffic, sound, smell, vibration, light, or dust that is offensive or that creates a nuisance. No equipment that interferes with radio and/or television reception shall be allowed.

1.

Home occupations must exclude the use of machinery or equipment that emits sound (e.g., saws, drills, musical instruments, etc.) that is detectable beyond the property.

2.

Chemical, electrical, welding, or mechanical equipment that is not normally a part of domestic or household equipment and which is used primarily for commercial purposes shall not be permitted.

716-5. Signs prohibited. There shall be no signs permitted in conjunction with a home occupation in residential districts. Signs on vehicles are not prohibited.

716-6. Employees. The home occupation shall be carried on only by a member or members of the family residing in the residence. Only occupants of the dwelling and one additional employee shall be authorized to work on the premises in connection with a home occupation.

716-7. Display, stock-in-trade, and sales. There shall be no display, and no stock-in-trade nor commodity sold on the premises, in connection with a home occupation, nor shall there be any activity associated with the home occupation visible outside the dwelling. Samples, however, may be kept on the premises but neither sold nor distributed from the residence.

716-8. Permitted uses. Allowed uses include the sale of only those articles, products or services packaged or produced on the premises, conducted entirely within the dwelling by members of the immediate family residing in the dwelling unit with equipment customarily used for household purposes and involving no display of articles or products outside the dwelling. The following list contains representative home based businesses. Similar uses not listed shall be reviewed and may be conditionally approved by the director.

716-9. Modifications by Variance. To the extent that there is any sale of any item or service related to the home occupation not specified in Section 716-8 or no approved by administrative conditional review by the Director or his/her designee, no sale of that item or service may occur on or adjacent to the premises unless this use has been granted a variance by the Zoning Board of Appeals.

716-10. Uses specifically prohibited. The following uses are specifically prohibited as home occupations: auto sales or auto or vehicle or implement repair; restaurants; animal hospitals, veterinary clinics, kennels, or the keeping of animals; funeral homes; retail or wholesale shops; machine shops; personal service establishments (excluding hair/beauty salons in the R-1 district); special event facilities; group instruction or group assembly of people on the premises; and lodging services.

716-11. Approval. All home occupations shall be subject to review criteria and administrative conditional approval by the director or his/her designee. The applicant for a business registration shall file for home occupation approval on forms provided by the planning department.

716-12. Exceptions. Reserved.

(Ord. No. 2019-542, 10-14-2019; Ord. No. 2021-573, 8-9-2021; Ord. No. 2023-603, Exh. A, 6-12-2023)

Homeless shelters shall be allowed in the IA district with a special use permit, under the following conditions:

1.

In addition to required setbacks, a minimum 25-foot wide buffer shall be required along all property lines which abut a residential district or use to provide a visual screen.

2.

Such use shall be a minimum of 1,000 feet from any other shelter for the homeless. (Required minimum distances shall be measured from property lines.)

3.

There shall be no use on the property other than the shelter for the homeless.

4.

Adequate shower and restroom facilities must be provided at the location to meet the needs of the overnight guests.

5.

Beds must be provided for all overnight guests excluding staff and volunteer workers.

6.

Such shelters shall comply with all applicable city building, housing, and fire codes and shall fully comply with O.C.G.A. § 30-3-1 et seq. before a certificate of occupancy can be issued.

Any automobile, truck, vehicle or trailer of any kind or type, without a valid license plate attached thereto, shall not be parked or stand on any private property or public roads.

It shall be unlawful to park or continuously store inoperable or junked vehicles, power-driven construction equipment, semi-trailers, used lumber or metal, used appliances, tires, or any other miscellaneous scrap material in quantity that is visible from a public street. Appropriate screening as determined by the Director, based upon the elevations and uses of surrounding properties, may be used to comply with this provision in side and rear yards.

718-1. Condition of inoperable vehicle. An inoperative or junk condition shall include, but not be limited to any automobile, vehicle, trailer of any kind or type, contrivance or part thereof, the condition of which is one or more of the following:

1.

Wrecked.

2.

Dismantled

3.

Partially dismantled.

4.

Abandoned.

5.

Discarded.

6.

One which does not have a valid license plate attached.

718-2. Exceptions. The following conditions allow the parking or standing of an inoperable or junked vehicle on any property within the City Limits of Lilburn.

1.

Vehicle(s) enclosed within a building on residentially zoned property.

2.

Vehicle(s) on the premises of a business enterprise operated in a lawful manner for the purpose of repairing, reconditioning or remodeling of the vehicles in conformance with the requirements for an automobile repair garage or other such similar use. Such vehicles shall not be stored for the purpose of salvage of parts but shall be in continual process of repair or reconditioning.

(Ord. No. 2016-503, Exh. A, 6-13-2016)

Manufactured and/or pre-fabricated modular homes, as defined in Article 14, Definitions, are permitted in the R-1 zoning district subject to the following conditions:

1.

A manufactured home shall be a new manufactured home.

2.

The manufactured home shall be set upon a permanent foundation, as specified by the manufacturer, and the space from the bottom of the home to the ground shall be enclosed by concrete or an approved concrete product which can be either load bearing or decorative.

3.

The manufactured home shall comply with all local design standards applicable to all other homes within the R-1 district and immediate neighborhood in which the manufactured home is to be located.

4.

The home shall be thermally equivalent to the state energy code.

5.

All manufactured/modular homes must be transported to the home site on a truck bed (not axles). All towing devices and hitches must be removed.

6.

At each exterior door there must be a landing that is a minimum of 36 inches by 48 inches.

7.

Approval shall be granted upon the finding that the manufactured home is substantially similar or superior in size, siding material, roof material, foundation and general aesthetic appearance to existing and proposed development in same district and vicinity.

A mobile home as defined in Article 14 is not permitted in any zoning district, except as a temporary use as defined in this article.

Mobile food vending as defined in Article 14 of the city's zoning ordinance is allowed in all districts subject to the following:

721-1. Use restrictions. Mobile food vending may be allowed as a conditional use in any zoning district requiring the Planning Director to review and subject to the following restrictions:

1.

Within the CB/U.S. 29 Overlay, mobile food vending is limited to servicing actual, ongoing construction sites and businesses licensed as breweries.

2.

Within residential districts, mobile food vending is limited to vehicles dispensing ice cream/small frozen dessert products.

3.

No mobile food vending is permitted within 300 feet of any school.

4.

No mobile food vending on private, city or Gwinnett County property without documented approval from the property owner.

5.

Mobile food vending may be permitted in conjunction with a Temporary Use permit as defined in Section 731 Temporary Uses and Section 1204 Temporary Use Permit subject to a fee according to annual rate resolution.

6.

Mobile food vending is permitted at breweries as defined in section 6-87.6 herein according to vendors standards for hours of operation and outdoor activity defined in Section 738.

7.

Mobile food vendors must meet all state, health department, and city licensing requirements prior to commencing operations in the City of Lilburn. City licensing requirements are provided in Chapter 14, Businesses.

721-2.

Operating Limitations.

1.

Unless operating as an approved vendor associated with a city sponsored or co-sponsored event or permitted temporary use, or at a brewery, the mobile food vendor may stop a maximum of 15 minutes per stop and must move at least one block before making another stop.

2.

The mobile food vendor must park the mobile food vending unit legally.

3.

No mobile food vending in congested areas where it may impede or inconvenience the public or create a traffic hazard.

4.

Amplified sounds shall not be used to attract attention.

5.

If the mobile food vendor is on an active route, the mobile food vendor must incorporate flashing lights or signage indicating frequent stops by vehicle.

6.

No mobile food vending is permitted after 8:00 p.m., or before 6:00 a.m., unless associated with a city sponsored or co-sponsored event, permitted temporary use, or operating at a brewery site.

7.

No door-to-door solicitation.

(Ord. No. 2021-569, Pt. III, 7-12-2021; Ord. No. 2022-585, Exh. A, 5-9-2022; Ord. No. 2023-603, Exh. A, 6-12-2023)

Bars, taverns and microbreweries are allowed with administrative conditional review in the MU, TC Overlay, CB and IA districts and under the U.S. 29 Overlay.

Night Clubs require a SUP in the CB, IA and under the U.S. 29 Overlay.

722-1. Compatibility with adjacent properties. The applicant must prove they have taken measures to not be injurious to adjoining property, including, but not limited to:

1.

Controlling and shielding of all lighting so as not to cast undue glare and light onto neighboring properties.

2.

Controlling of all elements that produce noise, so as not to create nuisance conditions off-site.

3.

Controlling and shielding of parking, ingress and egress, so as not to create a nuisance off-site.

4.

Controlling and shielding of trash receptacles, so as not to create a nuisance off-site.

5.

It shall be the responsibility of the applicant to prevent its patrons from causing a disturbance on public or private property in the vicinity of the applicant's establishment.

722-2. Entertainment. Live entertainment shall be permitted in bars, taverns, and nightclubs in the CB and IA district, provided that it shall occur inside the enclosed building. Outside entertainment shall be permitted only with proper event permits from the city.

722-3. Permits required. Prior to conducting business, all associated permits from applicable federal, state and local agencies must be obtained.

722-4. Compliance. Failure to comply with the conditions in the special use permit will result in revocation of the special use permit.

(Ord. No. 2014-473, Exh. A, 9-8-2014; Ord. No. 2023-603, Exh. A, 6-12-2023)

This ordinance recognizes the desire of some residents to keep horses, livestock, chickens or other fowl for personal enjoyment or sustenance. However, the keeping of these animals for any purpose should not cause nuisance to surrounding properties or present a health hazard. Non-commercial keeping of poultry or livestock is permitted as an accessory use in the R-1 district, subject to the provisions as established by City Code.

723-1. Livestock. Horses, cows, ponies, donkeys, goats, sheep, pigs, and other domestic livestock may be kept, raised or bred for home use and enjoyment, provided that only one such animal shall be permitted for each two acres of land area, and shall be adequately contained by fence within that property.

723-2. Fowl. Ducks, quail, hens, turkeys, pigeons, pheasants, and other fowl, may be kept for home use provided such fowl are adequately contained as established by City Code. Male hens (roosters) and male peafowl (peacocks) are found to be a public nuisance animal and are not permitted to be kept in any district.

723-3. Setbacks and fencing—Domestic livestock. All domestic livestock must be kept a 300-foot distance to any business establishment regularly used by over ten persons per day, and any residence other than the residence of the owner of the residentially zoned property as established by City Code.

723-4. Setbacks and fencing—Small domesticated animals and fowl adjacent to residential districts. In the case of small animals and fowl weighing less than 20 pounds, minimum setback shall be at least 75 feet from the nearest residential unit, and subject to conditions as established by City Code with fencing adequate to retain any animals or fowl within the required setbacks.

723-5. Non-commercial. The keeping, breeding, or training of any animals for monetary gain or profit shall be deemed a commercial business and is prohibited in all residential districts.

(Ord. No. 2019-542, 10-14-2019)

The term "open display" shall be defined as the placement of merchandise and/or merchandise vending machines outside the walls of any enclosed building. Open Displays shall be permitted in conjunction with permitted uses in the MU, CB, IA District and under the U.S. 29 Overlay, provided the following requirements are met:

1.

Open display shall be permitted where such display is incidental to and supportive of the principle use of the structure located on the same parcel.

2.

Open displays shall be permitted in any yard or required yard, but shall not encroach into any public rights-of-way.

3.

Open displays shall present a neat and orderly appearance, subject to the determination of the Director.

4.

The term "open display" shall not apply to merchandise which is placed outside temporarily for the purpose of sales and is stored inside an enclosed structure while the business is closed.

(Ord. No. 2016-503, Exh. A, 6-13-2016)

725-1. Limitations. A pawnshop, title pawn shop or check cashing business shall be permitted subject to a special use permit and the following conditions:

1.

No pawnshop, title pawn shop or check cashing business shall be licensed or operated within 1,000 feet of any residential zoning district, school, public or private college, church or other place of worship, library, daycare facility, any park or playground, existing pawnshop, title pawnshop, check cashing or adult entertainment establishment.

2.

The distances required by this section shall be measured from the closest property line occupied, or to be occupied, by the pawnshop, title pawnshop, or check cashing business to the closest property line occupied by the foregoing protected uses.

726-1. Conditions for approval. Allowed in R-1 and R-2 districts with approval of a special use permit, provided they meet the following conditions:

1.

They are located on a Major Arterial, Minor Arterial, or Major Collector Street or State Highway on a site of not less than five acres with 250 feet of road frontage. Commercial sites meeting this requirement may expand onto adjacent residentially zoned property regardless of acreage.

2.

Buildings shall not be located less than 50 feet from any property line.

3.

A buffer strip at least 50 feet from any side or rear property lines, but not extending into the required front yard, planted with evergreen trees and shrubs that grow at least eight feet tall and provide an effective visual screen.

4.

Parking is not provided in the front yard setback area.

5.

The recreation facility must provide restrooms and shall cease operation at 9:00 p.m. each night.

726-2. Accessory uses permitted. Any accessory use that is a part of the institution's normal pattern of worship may be allowed for a stand-alone facility. The following uses shall be allowed.

1.

One accessory dwelling unit for the principal worship leader, limited to stand-alone establishment only.

2.

Classrooms.

3.

Assembly hall for social and educational gatherings.

4.

Parking of associated vans or buses.

5.

Gymnasiums and other accessory buildings.

6.

Athletic fields.

(Ord. No. 2014-473, Exh. A, 9-8-2014; Ord. No. 2016-503, Exh. A, 6-13-2016)

Editor's note— Ord. No. 2014-473, Exh. A, adopted Sept. 8, 2014, repealed the former App. A, § 726, regarding personal care homes, and subsequently redesignated §§ App. A, §§ 727—735 as new §§ 726—734.

Retail package liquor stores are subject to a Special Use Permit and the following conditions:

1.

Lot must be located on major arterial with a minimum of 100 feet of road frontage.

2.

Minimum lot area of 20,000 square feet required.

3.

Minimum 8,000 square feet gross floor space.

4.

Comply with any other city ordinances pertaining to licensing requirements for a retail package store.

(Ord. No. 2014-473, Exh. A, 9-8-2014; Ord. No. 2016-503, Exh. A, 6-13-2016)

Note— See editor's note at App. A, § 726.

The restrictions below shall not impair the installation, maintenance, or use of antennas, or interfere with the reception of acceptable quality signal. The enforcement of satellite dish antennas will not violate the prohibitions of the FCC.

1.

Satellite dish antennas greater than one meter in diameter shall be regulated by the city.

2.

Satellite dish antennas greater than one meter shall be permitted only in rear yards in all residential districts and residential developments in any other district.

(Ord. No. 2014-473, Exh. A, 9-8-2014)

Note— See editor's note at App. A, § 726.

729-1. Setbacks. Fuel pumps and canopies covering fuel pumps are permitted within the front yard setback provided the fuel pumps are located at least 15 feet from the right-of-way and the canopies are located at least ten feet from the right-of-way.

(Ord. No. 2014-473, Exh. A, 9-8-2014; Ord. No. 2016-503, Exh. A, 6-13-2016)

Note— See editor's note at App. A, § 726.

Mobile buildings, manufactured homes or other temporary buildings or structures shall not be occupied as a permanent office or use in any district. However, they may be used for a temporary office, portable storage or other permitted non-residential use, subject to the following:

1.

Approval by the Director and issuance of a Temporary Use Permit by the Planning Department;

2.

Said permit shall be valid for a period of six consecutive months, renewable in six-month increments, during the construction process;

3.

Said Temporary Use Permit shall only be issued if plans and permit(s) have been approved for one or more permanent buildings on the subject property;

4.

Adequate water and sewage disposal for the structure(s) is approved; and

5.

Said temporary building or structure(s) shall be removed from the site no later than upon the occupancy of the permanent building(s) or structure(s) intended for such use.

(Ord. No. 2014-473, Exh. A, 9-8-2014; Ord. No. 2016-503, Exh. A, 6-13-2016)

Note— See editor's note at App. A, § 726.

731-1.

Purpose and intent. The purpose and intent of this section shall be to regulate temporary outdoor events associated with: (1) holidays and special events which are not intended to serve the primary use of the lot; (2) temporary outdoor display and sale of merchandise associated with an established business, and (3) limited outdoor display on site; which are held in open areas or within temporary structures in association with a temporary outdoor event. Such uses shall be limited in time and thus their impacts on surrounding properties are not permanent.

731-2.

General temporary use regulations. The following regulations shall apply to all temporary use permit applications:

1.

Temporary uses are permitted in the MU, 0-1, CB and IA zoning districts, and under the Old Town and U.S. 29 Overlays.

2.

No property right is created by this section or the approval of a temporary use permit, and the decision of the planning director or designee with regard to all such applications shall be final.

3.

A temporary outdoor seasonal event or activity, outdoor retail sales event or temporary outdoor display of merchandise shall not be held unless the necessary temporary use permit is obtained from the planning department, subject to the provisions of Article 12 of the city's zoning ordinance, and approval/consent by any other applicable agency which may require review prior to issuance of permits.

4.

A valid occupation certificate shall be required in conjunction with the temporary use permit.

5.

All approvals, permits, or licenses granted under this section must be displayed in a conspicuous manner on the premises at all times for inspection by the planning department or other duly authorized city representatives.

6.

Temporary uses may not be located within or encroach upon any drainage easement, public sidewalk or right-of-way, fire lanes, designated loading areas, or private sidewalks or other areas intended for pedestrian movement, with the exception of temporary retail sales display within the Old Town Overlay District, subject to Director review of circulation plan.

7.

Temporary signage is permitted subject to the size and height standards as set forth in Chapter 113, Section 113-10 of the Sign Ordinance.

8.

No solicitation or other activity associated with the temporary use shall occur directly with the motoring public.

9.

Any person or entity violating any of the provisions of this section shall be deemed guilty of an offense and upon conviction thereof in the city municipal court, said person/entity shall be guilty of a separate offense for each and every day during any port ion of which any violation of any provision of this section is committed, continued, or permitted by such person/entity, and such person/entity shall be punished accordingly.

10.

Up to two mobile food vendors or mobile food service units may be permitted with each temporary use permit subject to additional fees adopted in the annual rate resolution. Mobile vending operations shall be limited to three consecutive days, during the permitted temporary use, subject to operating limitations of zoning ordinance Section 721 Mobile Food Vending.

731-3.

Temporary outdoor seasonal events and seasonal activities. Temporary outdoor seasonal activities may be permitted as a temporary use to include the sale or display of retail merchandise associated with seasonal holiday activities, such as Halloween and fall festivals, spring flings, the sale of farm produce, farmer's markets, fireworks sales, carnivals and similar uses from a property which is vacant, or which contains a separate and distinct primary use from the merchandise being sold, subject to the following regulations:

1.

Permit fee exemption.

a.

Events associated with charitable or nonprofit organizations are, upon submittal of a certificate of incorporation or organization from the State of Georgia and Letter of Determination from the Internal Revenue Service stating that contributions received by said organization are tax deductible, are exempt from the temporary use permit fee requirements.

2.

Lot and parcel restrictions.

a.

A temporary outdoor seasonal event or activity may be held on a vacant parcel.

b.

A temporary outdoor seasonal event or activity may be held on parcels where the temporary outdoor activity is not associated with the principal use of the property, subject to provision of written agreement with the parcel owner as may be applicable.

c.

On a parcel size of five acres or larger, two temporary outdoor seasonal events or activities may be permitted simultaneously, to be determined by the planning department on a case-by-case basis.

d.

Temporary outdoor seasonal events and activities, other than the exemption of an activity held on a vacant, undeveloped lot, shall be conducted on an appropriate parking surface according to development regulations Section 811 minimum design requirements.

e.

Temporary outdoor seasonal events or activities shall be permitted only on property where such activities shall not disrupt vehicular ingress and egress or traffic flow and circulation.

f.

Temporary outdoor seasonal events or activities shall not occupy more than 50 percent of required off-street parking spaces in association with a principal building on the subject site unless a written shared parking agreement provides for equivalent parking spaces on an ad joining parcel or within 800 feet of the site. Required parking spaces shall be calculated on principal building square footage.

g.

All exterior lighting utilized in conjunction with temporary outdoor seasonal events or activities shall not be visible from residentially zoned properties beyond the limits of the immediate site from which it originates.

h.

Spotlights and/or high-temperature process lights are prohibited.

3.

Setback and structure requirements.

a.

All temporary outdoor seasonal events or activities, including installation or erection of associated temporary display and sales structures, must be set back 30 feet from any right-of-way.

b.

Temporary structures and coverings, shade structures, and open-sided tents, are permitted when associated with seasonal and holiday activities; however, tents must comply with Fire Safety Code.

c.

A temporary sign (not portable) may be erected in accordance with a temporary sign permit.

d.

Temporary mobile buildings are permitted only in association with fireworks sales or a carnival.

e.

Carnivals may be permitted as a temporary outdoor seasonal event activity so long as no structure or equipment is located within 250 feet from the closest boundary of a residential property.

4.

Duration and frequency of temporary outdoor seasonal activities. All temporary outdoor seasonal activities, shall be permitted for a period of seven consecutive days from the date of initiation of the temporary outdoor seasonal activity, four times per calendar year, one per parcel per calendar month with the following exemptions and conditions:

a.

Christmas tree sales shall be permitted between November 1 and December 25 due to the seasonal nature of such sales.

b.

Pumpkin and Halloween seasonal sales shall be permitted between September 15 and October 31 due to the seasonal nature of such sales.

c.

Fireworks stands and carnivals or circuses shall be permitted for a period of 15 consecutive days twice per calendar year per property.

d.

Charitable/non-profit organizations are allowed to hold events on property not owned by said organization up to four times per year per property exclusive of the owners' allocated four times per year. All other requirements and limitations apply.

e.

Operations are limited to a maximum 12-hour period per day.

f.

Operations must cease by 9:00 p.m. on weekday evenings (Sunday through Thursday) and 10:00 p.m. on weekend evenings (Friday and Saturday), unless otherwise directed by the planning director.

g.

The premises shall be cleaned and cleared of all litter, trash and debris and all equipment, materials, signs, temporary power poles, etc., associated with the temporary use within two days of the last day specified for such use.

731-4.

Temporary outdoor retail sales and activities. Temporary outdoor retail sales display and outdoor storage activities, including the exhibition or representation of goods, merchandise, materials, or other items sold or bought at a retail establishment may be permitted as a Temporary Use. Temporary outdoor retail sales shall be governed by the following regulations:

1.

Use regulations.

a.

Any object, device, display or structure, or part which is used to identify, display, direct or attract attention to an object, person, institution, organization, business, product, service or event, may also be considered part of retail display, subject to city sign regulations.

b.

Only the sale of goods and services compatible within the zoning district according to the principal use of the premises is permitted. This section does not apply to supplemental mobile food vending units associated and permitted with the event.

c.

Sales shall be conducted by employees of the principal business use, not a temporary or transient merchant/vendor, subject to provision of a written agreement with the principal business and approval of the Director.

2.

Lot and parcel restrictions.

a.

Goods and merchandise may be displayed on public sidewalks only in the OT Overlay District provided such display does not interfere with pedestrian travel and the minimum ADA-required sidewalk width clearance is maintained.

b.

Temporary outdoor retail sales display activities may be permitted on a vacant parcel subject to provision of a written lease agreement with the parcel owner who must hold a Lilburn occupational tax certificate at the time of the lease of the parcel for the temporary use.

c.

Temporary outdoor retail sales display area may not exceed a space equivalent to 50 percent of the gross floor area of the ground floor of the primary building.

d.

Temporary outdoor retail sales display activities shall be conducted only on a paved surface.

e.

Temporary outdoor retail sales display shall be permitted only on property where such activities shall not disrupt vehicular traffic flow and ingress/egress and shall not disrupt traffic flow within areas required, set aside or designated for loading and maneuvering; emergency accessways; off-street parking; driving aisles and driveways.

f.

Temporary outdoor retail sales display items may be located on a privately owned sidewalk, courtyard or building apron or other areas intended for pedestrian movement provided an unobstructed, continuous path with a five-foot minimum width is maintained.

g.

Temporary outdoor retail sales display activities shall not occupy required off-street parking spaces except as authorized by the Director.

(1)

Required parking spaces shall be calculated on square footage of principal building or suite, whichever is applicable.

(2)

Where excess parking spaces over the required number of spaces are not available, no more than 50 percent of the required parking spaces provided may be used for temporary outdoor retail display, unless a written shared parking agreement provides for equivalent parking spaces on an ad joining parcel or within 800 feet of the site.

3.

Setback and display requirements.

a.

All temporary outdoor retail display activities, including installation or erection of associated temporary display and sales structures, and stand-alone merchandise, display tables, or display racks, must be set back 30 feet from any public right-of-way.

b.

A temporary shade structure, tent, tilt-up, umbrella or covering may be erected as a part of the temporary outdoor retail sales display activity; however, tents must comply with Fire Safety Code. Mobile buildings are prohibited.

c.

Display tables, racks or shelves may be used as part of a temporary outdoor retail sales display activity.

d.

Outdoor display items shall not exceed six feet above grade.

e.

A sign (not portable) may be erected on the property in accordance with the Sign Ordinance.

f.

The Director is authorized to determine retail items to be displayed. Under the U.S. 29 Overlay and Old Town Overlay, the following items, such as, but not limited to, are prohibited: mattress and box springs, couches or sofas, large pieces of furniture, refrigerators, washers/dryers and other large appliances.

4.

Duration of and frequency of temporary outdoor retail sales activities.

a.

All temporary outdoor retail sales display activities are permitted for a period of three consecutive days from the date of initiation of the temporary outdoor retail sales display activity.

b.

Temporary outdoor retail sales permits are limited to 12 times per calendar year and one per calendar month, per property/parcel.

c.

Reserved.

d.

Temporary outdoor retail display activities are limited to 12 hours of operation per permitted calendar day.

e.

Operations must cease by 9:00 p.m. on weekday evenings (Sunday through Thursday) and 10:00 p.m. on weekend evenings (Friday and Saturday), unless otherwise directed by the Director.

f.

Upon the expiration of the authorized Temporary Use Permit, all equipment, materials, signs, temporary power poles, etc., associated with the temporary retail sales and display use shall be removed from the property within two days. Permitted mobile food vending units shall leave immediately following the expiration of the event.

(Ord. No. 2014-473, Exh. A, 9-8-2014; Ord. No. 2016-503, Exh. A, 6-13-2016; Ord. No. 2022-585, Exh. A, 5-9-2022; Ord. No. 2022-596, Att. 1, 11-14-2022; Ord. No. 2023-603, Exh. A, 6-12-2023; Ord. No. 2025-647, Exh. A, 4-14-2025)

Note— See editor's note at App. A, § 726.

Front yards and off-street parking areas for any use or development shall not be used to store and display vehicles for sale, except in cases of an approved commercial vehicle sales lot. This provision shall not apply to the placing of a "For Sale" sign on or in one licensed and operable vehicle, boat, other vehicle or implement located in a private residential driveway and which licensed vehicle, boat, other vehicle or implement is owned by an occupant of said private residence.

(Ord. No. 2014-473, Exh. A, 9-8-2014; Ord. No. 2016-503, Exh. A, 6-13-2016)

Editor's note— Ord. No. 2016-503, Exh. A, adopted June 13, 2016, repealed the former § 732 in its entirety and redesignated §§ 733 and 734 as new §§ 732 and 733. Former § 732 pertained to townhouses, fee-simple and derived from Ord. No. 2014-473, Exh. A, adopted Sept. 8, 2014.

733-1 Recreational vehicles.

1.

In residential zoning districts, recreational vehicles such as boats, boat trailers, travel trailers, recreational vehicles, pick-up campers or coaches, motorized dwellings, motor coaches, tent trailers and other similar vehicles must be parked on approved surfaces in the side or rear yard.

2.

Parking or storage of such vehicles shall not take place on any vacant residential lot.

3.

Recreation vehicles shall not be used or operated in residential areas as dwellings.

733-2 Commercial vehicles.

1.

Commercial vehicle shall mean any vehicle not described as a recreation vehicle measuring over 22 feet in length, or eight feet in height or seven feet in width, with or without exposed equipment or materials used in commercial activity. They may include but are not limited to limousines, flatbed trucks, dump trucks, tow trucks, transport wreckers, buses, school buses, cab-on-chassis trucks, tractor trailers, semi-trailers, wheeled attachments or trailers, or earth-moving machinery. A car, pick-up truck, van, or sport utility vehicle with a business name or logo on display does not constitute a commercial vehicle.

2.

In residential districts, commercial vehicle storage and commercial vehicle parking shall be subject to the following:

a.

Semi-trucks or semi-trailers shall be prohibited.

b.

A commercial vehicle, other than a semi-truck or semi-trailer, may temporarily park or stand in a residential district for no more than two hours, unless engaged in complete loading or unloading of the vehicle or providing a repair or service to the residence.

c.

One commercial vehicle, other than a semi-truck or semi-trailer, is permitted when owned and used by a resident and parked or stored within a fully enclosed structure that meets all other criteria for parking within the zoning district.

d.

On a residential property that is not part of a platted subdivision and measuring more than one and one-half acres, two (2) commercial vehicles and two additional trailers owned and used by the resident may be conditionally approved for parking in the rear yard of the residence on approved parking surfaces and screened as deemed necessary by the Director or his/her designee to maintain a residential character.

733-3 Vehicle Storage Lots. Automobile, Truck or Vehicle Storage Lot (other than impound lot) Shall be subject to the following requirements and restrictions:

1.

Storage Lots for commercial vehicles shall be located on a site containing no less than 20 acres.

2.

A security fence or wall is required to encompass the entire lot.

a.

The security fence or wall shall be a minimum of 15 feet in height.

b.

The entry to the lot, must be secured and only accessible through a secured entry point.

3.

No outdoor sound amplification device is permitted.

4.

No inoperable or junk vehicles are permitted.

5.

Outdoor lighting shall consist of cut-off luminaires that shall be directed inward and so as not to direct light onto adjacent properties.

a.

Lights must not consist of high-pressure sodium lighting.

b.

Light poles must comply with a minimum of 20 feet and no more than 35 feet tall.

c.

All lighting systems must comply with a CPTED (Crime Prevention Through Environmental Design) Security Assessment and lighting survey.

6.

All Lots must be a minimum of 2,000 feet from any property line of a residential use deemed by a certified land surveyor and as the crow flies between the two property lines.

7.

Each parking spot must be a minimum of 30 feet long and 15 [feet] wide, with a parking stop.

8.

There shall be no workshop or garage on premises for mechanical services.

9.

No residential street may be used to access the parking area.

10.

All parking surfaces must comply with approved surfaces.

11.

Each lot must comply with Lilburn City Code Section 109-157.

No lot Licensee currently operating under a valid license issued prior to the effective date set forth in this section shall be required to conform to the outlined Code. Licensee may complete necessary maintenance but may not make design changes or alter the appearance without prior approval. If a licensee is operating a legal nonconforming lot at a particular location pursuant to this zoning ordinance, and such license is revoked, upon revocation, the legal nonconforming status of the licensee at that particular location shall be terminated. For issuance of a new license, the licensee must conform to all requirements of this code.

(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. 2021-573, 8-9-2021; Ord. No. 2023-602, Exh. A, 5-8-2023)

Note— See editor's note to § 732.

734-1 Standards for all attached residential dwellings. A minimum of 20 percent of attached units within a building or 20 percent of units within each phase of new development shall accommodate aspects of visitability as a condition of Concept Plan, Development Plan and building plan approval. Examples of visitable homes criteria include but shall not be limited to: a master bedroom with bathroom on the ground floor; or guest bedroom and full bathroom on the ground floor, and one "no-step" entrance into the home. Clear passage through doors and hallways shall be provided according to current GA building code.

734-2 Additional standards for townhomes. In addition to Section 734-1 above, the following requirements shall apply to townhome developments in any zoning district where they are an approved use. Where there are conflicts between this Section and other regulations in the Zoning Ordinance or Development Regulations, this Section shall apply.

1.

Architectural standards.

a.

A minimum of three and a maximum of eight units shall be allowed in each row of townhouses.

b.

Each building shall consist of a minimum of two alternating roof types, specifically, open gable, boxed gable, dormer, hip, or flat roof lines.

c.

No more than two contiguous units shall have the same elevations for the front facade and roofline. Alternating exterior treatments such as porches, balconies, awnings, chimneys, stoops, decks, patios, or terraces shall be required.

d.

Required exterior cladding materials shall consist of a combination of brick, stone, natural wood or cement-based artificial wood siding such as hardiplank, or alternate industry standard durable material.

e.

In addition to the above requirements, townhome developments shall include at least two of the façade features below:

1)

Material or color changes at each change in vertical plane.

2)

Decorative patterns on exterior finishes (such as shingles, wainscoating, window box, and similar ornamental features).

3)

A dormer window, cupola, turret, tower, or canopy.

4)

A covered porch or balcony.

5)

A box or bay window with a minimum 12-inch projection from the façade plane.

2.

Development standards.

a.

A 5-foot sidewalk is required and shall be 2 feet off the back of the curb.

b.

All townhomes must be rear entry.

c.

Rear entry garages:

1)

Shall be 20 feet wide.

2)

May not be converted into heated interior space without another garage within the building.

3)

Require a minimum 18-foot alley width.

4)

Shall be 20 feet off of required alley.

5)

Driveway must provide two external parking spaces (9 ft. x 20 ft.).

d.

A centralized mail kiosk shall provide an overhead canopy to provide protection from the elements. The kiosk shall be located to accommodate three-cars stacking without blocking a driveway, street, or intersection, or provide three on-street parking spaces for every 100 units served.

e.

Dumpsters whether for trash or recycling shall be screened on three sides and not visible from right of way or private street.

f.

A 30-foot wide landscape strip shall be provided along all exterior street frontages. The landscape strip shall be planted as a no-access easement or enhanced landscape strip in accordance with the Landscape Ordinance and may include a decorative fence/wall and entrance monument.

g.

All utilities shall be underground and located within the right of way or private access/egress/utility easements.

h.

Gas, power and HVAC utilities and meters shall be located along a side or rear elevation and shall be screened from view from the right of way or private street.

(Ord. No. 2019-542, 10-14-2019; Ord. No. 2020-551, Exh. A, 7-13-2020)

Hookah/Vapor Bar or Lounge shall be permitted as an assembly use with Conditional Administrative review in the CB district subject to the following conditions:

735-1 Operating limitations.

1.

Subject to City licensing requirements.

2.

Food and alcohol shall be prohibited.

735-2 Licensing requirements.

1.

Maintain a valid City of Lilburn permit and license to operate a Hookah/Vapor Bar or Lounge;

2.

Maintain a valid State of GA permit and license to operate a Hookah/Vapor Bar or Lounge.

(Ord. No. 2020-548, 2-10-2020)

The requirements of this Section shall apply to all applications to rezone property to the MU zoning district. In addition, these requirements shall apply to properties that have been rezoned to MU without conditions of zoning or an approved Master Concept Plan; in these instances, the review process described in this Section shall be required prior to submittal of subdivision development plans or site development plans.

736-1 Application procedures and requirements.

1.

Development Summary Report Required. Applications for rezoning to, or development within, the MU district shall require a written report that establishes the type, nature, size, intent and characteristics of the proposed development. At a minimum, the report shall include the following:

a.

A complete listing and general description of every land use category proposed within the development shall include the total number of residential units by type, gross floor area, and density, and the total gross floor area of non-residential use by type and gross floor area. Open space (as defined in Sec. 5.9) acreage is to be listed separately.

1)

Total acreage of the MU development and the land area and percentage devoted to each use shall be proposed in accordance with Table 4.6.

2)

Total gross floor area devoted to each use shall be proposed in accordance with Table 4.6.

3)

On sites zoned MU prior to February, 2022, an existing occupied single use may continue (Ref Art. 9) until the site is proposed for assemblage to meet minimum MU acres or redevelopment is proposed to change use, increase unit density or expand gross floor area by more than 50%.

b.

A detailed description of construction phasing of each land use category:

1)

No more than 50 percent of residential units shall be certified for occupancy prior to 25 percent of non-residential floor area being permitted for building construction, and

2)

No more than 75 percent of the residential units shall be certified for occupancy prior to 50 percent of non-residential floor area being permitted for building construction.

c.

Individual site areas of a MU development are to be described as to their specific use and development standards, and keyed to the Master Concept Plan Map. Each area description must include the following subject matter, as relevant to the proposed character of development:

1)

Principal and accessory uses proposed for the development. All uses not specifically included in the Development Summary Report, either in a general land use category or detailed for individual areas, and approved by City Council are prohibited unless the application is subsequently amended in accordance with applicable procedures.

2)

Gross acreage of the site area and approximate acreage of separate land uses or development areas, including open space.

3)

Intensity of development, including: Density controls (units/acre) for residential uses, minimum lot size, minimum lot area per dwelling unit, minimum lot width, minimum lot frontage, minimum floor area or residential dwelling unit sizes, and maximum total number of dwelling units by type, as applicable to the character of the development proposed.

4)

Principal building setbacks or build-to lines along all streets and property lines.

5)

Maximum building heights.

6)

Buffers (environmental and zoning), landscape strips and open space standards.

7)

Exceptions or variations from the City's sign, parking or street design requirements, if any are being requested.

8)

An indication whether the internal streets will be public or private.

9)

A description of intended plans for the provision of utilities, including water, sewer, drainage facilities and street lighting, as applicable.

10)

For all streets and utilities not proposed for dedication to the public, provisions for the ownership and maintenance must be explained.

11)

Proposed restrictive covenants (for informational purposes only).

12)

Any other relevant or applicable standard or requirement for the area.

13)

Applications may include prospective front, side and rear elevation drawings of representative building types. These drawings shall indicate general architectural characteristics. If the MU district is approved, compliance with the architectural elevations shall be required.

2.

Master Concept Plan required.

a.

Applications for rezoning to, or development within the MU District shall require a Master Concept Plan, including, at a minimum, those items listed below. The Planning Director, Planning Commission and/or City Council may require, in addition, such other information, studies, plats, plans or architectural elevations deemed necessary to perform an adequate review of the proposed application.

b.

Master Concept Plans shall be prepared by a professional engineer, architect, land surveyor, land planner or landscape architect, and his/her seal of registration or professional initials shall be indicated on such plans.

c.

All Master Concept Plans required by this Section shall contain, at a minimum, the following information:

1)

Boundaries of the subject property based on the boundary descriptions or boundary survey submitted with the rezoning application.

2)

Title of the proposed development and the name, address and contact information of the property owner or their designated representative.

3)

The name, address and contact information of the architect, engineer or other designer of the proposed development.

4)

Scale, date, north arrow, and general location map showing relationship of the site to the surrounding area, streets and/or natural features.

5)

All existing streets within or adjacent to the property, including right-of-way and street pavement widths; location of existing buildings to be retained or removed; water courses and impoundments, wetlands and 100-year floodplain and associated buffers; and other physical characteristics of the property relevant to the development proposal.

6)

Open space areas to be retained.

7)

The general location of the proposed major street circulation system to be located within the development.

8)

General approximate delineation of individual areas of the proposed development that differ by land use or development standards, keyed to a description for each area contained in the Development Summary Report prepared in accordance with this Section.

736-2 Review standards by City Council. Consideration of applications for rezoning to, or development within the MU District shall be evaluated using the following criteria. For a rezoning application, the review criteria in Sec. 1003-7 in Article 10 shall also apply.

1.

Conformity to the purpose and intent of the MU district.

2.

Integration of a variety of land uses, building types and densities.

3.

Quality of site design.

4.

Preservation of natural features.

5.

Compatibility with adjacent land uses.

6.

Provision and type of open space and the provision of other amenities designed to benefit the general public.

7.

Adequacy of utilities and other public infrastructure.

736-3 Report and Concept Plan establish MU uses and requirements.

1.

The approved Development Summary Report, Master Concept Plan, and all other information, studies, plats, plans or architectural elevations submitted in the application, or required to be submitted by the City Council, shall establish the standards and minimum requirements for the subject property and shall become the conditions of zoning approval that apply to the subject property, regardless of changes in property ownership.

2.

Development of the MU zoned site or any portion of the site will require submission and approval of subdivision plats and site development plans, in accordance with the City's Development Regulations.

3.

Maintenance and ownership requirements for open space shall follow the requirements for Sec. 5.9 in the Development Regulations, unless alternative requirements are established in the approved Development Summary Report and Master Concept Plan.

736-4 Revisions to approved MU requirements.

1.

Additions in the types of land uses, changes to the composition of land uses, increases in square footage or density, decreases in lot sizes, changes in the location or dimensions of streets, decreases in dwelling unit floor areas, reductions in any buffer or setback, changes to building elevations or exterior materials, major alterations in the land use patterns, or other substantial changes that, in the opinion of the Planning Director and the City Manager, are inconsistent with the Development Summary Report or the Master Concept Plan approved for the MU proposal shall require approval by City Council in accordance with procedures established in Article 10 for change in conditions of zoning (CIC).

2.

Minor amendments to the Master Concept plan may be considered prior to or following issuance of development or building permits. Review and written approval by the Planning Director and City Manager shall be required.

3.

As development of each portion of an MU development proceeds, the Master Concept Plan Map shall be updated to show each final subdivision plat as it is approved for recording, and each site development plan for a multifamily or nonresidential project upon its approval for a land disturbing activity permit. No certificates of occupancy will be issued within those areas until the Planning Director has received the updated Master Concept Plan Map.

(Ord. No. 2020-551, Exh. A, 7-13-2020; Ord. No. 2022-579, Exh. A, 2-14-2022)

737-1 Architectural standards.

1.

Buildings shall consist of a minimum of two alternating roof types, specifically, open gable, boxed gable, dormer, hip, or flat roof lines.

2.

No more than two contiguous buildings shall have the same elevations for the front façade and roofline. A variety of exterior treatments such as porches, balconies, awnings, chimneys, stoops, decks, patios, or terraces shall be required.

3.

If dwelling units are developed in a horizontal format, no more than two contiguous units may have the same elevation to provide architectural relief.

4.

A unique architectural entrance surrounding a single entryway shall be provided.

5.

Required exterior cladding materials shall consist of a combination of brick, stone, natural wood or cement-based artificial wood siding such as hardiplank, or alternate industry standard durable material.

6.

Utility meters or equipment shall be screened from the view of a public right-of-way and from any surrounding residential property.

7.

Each dwelling unit shall be accessed internally; i.e., a building design in which there are apartments or other individual units on both sides of a passage corridor connecting attached dwelling units.

737-2 Development standards. The requirements in this Section may be in addition to and/or more restrictive than City's Development Regulations or Buffer, Landscape Ordinance.

1.

A 10-ft landscaped strip shall be installed between parking and buildings.

2.

A 30-ft wide landscaped setback shall be provided along all exterior street frontages.

3.

Buildings shall be organized around open space; see Section 5.9 in the Development Regulations.

4.

Buildings should be used to screen the large parking areas from street view.

5.

A centralized mail kiosk shall be covered.

6.

All utilities shall be underground.

7.

The property shall have one owner. Subdividing portions of the property is prohibited.

8.

The development shall be managed by a property management company and shall be recorded in the deed records of Superior Court of Gwinnett County either as written restrictive covenants or on the plat for development.

(Ord. No. 2020-551, Exh. A, 7-13-2020; Ord. No. 2023-603, Exh. A, 6-12-2023)

In addition to SUP required in select zoning districts according to 602, use table, a brewery in any district is subject to the following standards:

738-1 Licensing. No person shall be permitted to own or operate a brewery without first obtaining a brewery license from the city manager and/or designee, and each brewery license holder shall comply with all other applicable federal, state, and local license requirements. A licensed brewer shall abide by all federal, state, and local laws, regulations, and rules and the failure to comply with such laws, regulations, or rules may serve as the basis for revocation of the license issued by the city.

738-2 Hours of operation. Where special use permit is required, a licensed brewer shall be subject to provisions related to hours and days of sale as set forth by the SUP approved by city council. In all districts, on-premise service must end no later than 11:00 p.m.

738-3 Outdoor activity.

1.

A licensed brewer is permitted to allow consumption on the brewery premises and within a designated outdoor seating area which shall be outside of any public right-of-way, required parking, or driveway, and delineated using fixtures such as walls, railings, planters or similar decorative fixtures that do not present a safety hazard.

2.

A licensed brewer may provide outdoor entertainment and/or mobile food vending within a designated area shown on a site plan, which must be outside of any public right-of-way, required parking or driveway. Outdoor entertainment and mobile food vendors shall be subject to the Noise Control Ordinance and any amendments that may follow the adoption of this ordinance.

(Ord. No. 2020-553, 9-14-2020; Ord. No. 2021-569, Pt. IV, 7-12-2021; Ord. No. 2024-633, Exh. A, 8-12-2024)

739-1.

Definitions. Short-Term Rentals, as defined in Article 14, Definitions, are permitted in R-1, R-2, MU zoning districts, and existing residential dwellings within CB districts, and in the same districts within the Old Town Overlay and the U.S. 29 Overlay boundaries subject to the following conditions:

739-2.

Permitting and Application Requirements. No person shall rent, lease, or otherwise exchange for compensation all or any portion of a dwelling as a short-term rental without first applying for a short-term rental permit and obtaining a certificate of compliance and a business license in compliance with the regulations contained in Article XIV, Short-Term Rentals, of Chapter 14, Businesses, of Lilburn City Code. The allowance of short-term rentals pursuant to this section shall not prevent enforcement of additional restrictions in restrictive covenants or other private contractual agreements or arrangements.

739-3.

Life safety and sanitation.

1.

The occupancy shall be limited to two adults per bedroom plus three adults per each short-term rental property. The bedrooms shall be inspected by the City of Lilburn's building official prior to issuance of a certificate of approval or compliance.

2.

Short term rentals shall meet all applicable building codes. For properties served by septic, short-term rentals shall meet applicable environmental health regulations.

3.

The owner and/or short-term rental agent shall maintain a house number that is visible from the street at all times according to building codes.

739-4.

Parking. Parked vehicles:

1.

Shall not be parked on the city right-of-way or along any roadways at any time; and

2.

Shall be parked on the property only in approved parking spaces on designated hard surfaced areas with concrete, asphalt or contained decorative stone surfacing and shall not be permitted outside such hard surfaced areas (i.e., no parking in yards or neighbors' properties).

739-5.

Signs prohibited. There shall be no signs permitted in conjunction with a short-term rental. Signs on vehicles are not permitted.

739-6.

Taxes. Short-term rental owners are subject to state sales tax, city taxes, included but not limited to the hotel/motel tax, and are liable for payment thereof as established by state law and city code. The city may seek to enforce payment of all applicable taxes to the extent provided by law, including injunctive relief.

(Ord. No. 2022-587, § II, 6-13-2022; Ord. No. 2023-603, Exh. A, 6-12-2023)