Zoning district regulations related to the permitted structures and uses, accessory structures and uses, conditional structures and uses, and supplemental standards are set forth herein and hereby adopted as a part of this appendix.

(Ord. No. 2018-01, § 1(800), 1-8-2018)

There exist certain uses of land and buildings which are compatible and acceptable when located in various residential districts, provided that each structure and use conforms to the use, development standards, and other specified conditions for the specific structure and use and/or the particular residential district. Uses specified in this section are allowed in the various residential districts as stated in sections 802 through 810 subject to the restrictions and requirements imposed by the particular district regulations, this section, and other articles of this appendix.

801.1

Permitted structures and uses.

A)

Local government buildings.

B)

Home occupations, subject to section 401(36).

1)

Home occupation day cares shall also be subject to the following:

a.

All facilities shall comply with state regulations and require applicable state licenses far operation.

b.

Limited to the provision of care and supervision to not more than six children or six adults.

C)

Signs, subject to Ordinance 2012-01.

801.2

Accessory structures and uses.

A)

Accessory structures and uses are permitted, provided that an accessory structure shall be located entirely within the rear yard and shall be located at least five feet from any property line. However, accessory structures shall not be located within any utility easement. Specific accessory structures and uses permitted include:

1)

Carports and garages.

2)

Storage and utility buildings, buildings that exceed ten feet by 12 feet shall first obtain a building permit.

B)

Recreation areas and structures owned, operated and maintained exclusively for the use of residents and guests of residents of the subdivision, multifamily, or mobile home park development for which such areas and structures were developed and further, provided that said areas and structures are controlled by the development's property owners/HOA.

801.3

Design standards for lots.

A)

Only one principal residential building and its allowable accessory buildings may hereafter be erected on any one lot in any single-family or two-family residential district. Where contiguous lots have been combined, the combined lot shall be considered one lot.

B)

No lot existing at the time of adoption of the ordinance from which this section is derived shall be reduced, divided or changed so as to produce a lot or tract which does not comply with the minimum dimensional standards for its appropriate zoning district.

(Ord. No. 2018-01, § 1(801), 1-8-2018)

This district is intended to preserve the mixed agricultural and residential character of land while providing a transition between rural and agricultural land and suburban and urban land; and locations to carry out agricultural activities, including those related to crops, livestock and timber. This district will also provide for detached single-family residential dwellings that are site-built.

802.1

Development Standards for RA district.

802.2

Building Standards for RA district. All principal structures within RA district shall meet the following:

A)

Building facades shall be constructed of cement fiber board, brick, stone, or masonry product only. No vinyl siding. Vinyl may only be used for eaves and soffits.

B)

Gutters are required on all primary structures.

C)

There shall be a minimum of 12-inch building overhang on all structures.

D)

The dwelling shall be attached to a permanent foundation. The foundation shall be concrete or masonry blocks joined by mortar or both.

E)

Any building having its finished floor entirely above grade, except for a basement, as defined in the International Building Codes, shall be enclosed by masonry blocks or bricks joined by mortar or must have poured concrete walls with a height of at least 18 inches and a minimum width of six inches.

F)

Garage requirements shall meet minimum width requirements, two-car garage minimum width is 16 feet.

G)

Primary residential structure shall have a minimum six-foot-depth, covered entry.

H)

An administrative review of architectural drawings and typical landscape plans is done by the city manager or their designee prior to building plan submittal to ensure compliance with intent of the ordinance. Further review and approval by mayor and council will follow, if necessary.

802.3

Subdivision Standards for RA district. All subdivision developments within RA district shall meet the following:

A)

Front and side yards of each lot shall be sodded.

B)

All utilities shall be located underground.

C)

Minimum five-foot sidewalks along both sides of the interior streets.

D)

Street lights.

E)

25-foot buffer along all existing right-of-way, to include a vegetated berm.

F)

Subdivision streets may, with the approval of the city manager or their designee be developed without curb and gutter.

G)

Developments in excess of 50 lots shall have a minimum of two subdivision entrances.

H)

Deed restricted homeowners association (HOA).

802.4

Permitted structures and uses for RA district.

A)

Single-family dwellings excluding modular dwellings.

B)

Those permitted structures and uses common to all residential districts as stated in section 801.1.

C)

The keeping and raising of poultry and livestock on tracts of not less than three acres, provided that any farm buildings shall be at least 100 feet from all property lines.

D)

Riding academies and stables on tracts of not less than three acres, provided that any structure shall be at least 100 feet from any property line.

E)

Greenhouses and/or plant nurseries, subject to the following:

1)

Greenhouses and/or plant nurseries shall sale only plants grown onsite.

2)

Site shall be a minimum 1.25 acres.

3)

Setback from residential properties shall be a minimum of 75 feet.

4)

Outdoor storage and loading areas shall be fully screened by opaque fencing or solid wall obscured/hidden from any view of adjacent properties and public right-of-way. Stockpiles of loose materials shall be limited in height to the height of the fence or wall.

5)

Buffer shall be 1.5 times of the requirement in section 901.

F)

Roadside produce stands are subject to the following:

1)

Roadside stands are allowable for the sale of vegetables, fruit, produce, eggs or other agricultural products grown on the premises. Agricultural products shall not include poultry or livestock.

2)

Site design requirements for roadside produce stands:

G)

Electrical substations are subject to the following:

1)

Electrical substations shall be fully enclosed. Except for a gate, on all sides with a solid fence or a landscaped buffer.

2)

Site design requirements for electrical substations:

H)

Emergency response and public safety facilities, subject to the following:

Site design requirements for emergency response and public safety facilities:

802.5

Accessory structures and uses for RA district. Those accessory structures and uses common to all residential districts as stated in section 801.2.

802.6

Conditional structures and uses for RA district. Upon application to and favorable decision thereon by the mayor and council as, provided in article XIV and article XV of this appendix, the following conditional uses specified below are permitted, provided that their establishment promotes the health, safety, morals and general welfare of the city.

A)

Churches, synagogues, chapels and other places of religious worship or educational instruction and denominational nursing care facilities on the same property as the sponsoring church when located on a major thoroughfare having a street classification of at least that of a major collector street, provided the facility has a minimum frontage of at least 200 continuous feet on said thoroughfare. The minimum site area shall be three acres and no building shall be within 50 feet of any property line. A vegetated buffer strip of not less than 25 feet in width shall be retained or, provided along all side and rear property lines whenever any building is within 100 feet of any residentially zoned or developed property.

B)

Schools, academic, public or private, subject to the following:

Site design requirements for schools, academic, public or private:

C)

Athletic fields, subject to the following:

Site design requirements for athletic fields:

D)

Cemeteries, subject to the following:

1)

A cemetery may include one or more of the following: a burial park for earth interments, a mausoleum for vault or crypt interments and a columbarium.

2)

A cemetery may include a chapel or church when operated in conjunction with and within the boundaries of such cemetery.

3)

Site design requirements for cemeteries:

4)

Location requirements. All cemeteries shall meet all state regulations.

5)

Adequate off-street waiting space shall be, provided for funeral processions so that no vehicle stands or waits in a dedicated right-of-way.

6)

All cemetery access shall be, provided from a city-maintained roadway or state highway. The entrance and exits to the cemetery shall be only from the frontage street.

7)

Mausoleums and columbaria may be located only within the boundaries of approved cemeteries. Mausoleums and columbaria shall have facades of brick or stone.

8)

Review and approval procedures:

a.

A cemetery shall meet the requirements of article XI of this appendix for application, review, and approval. Upon approval, a final plat of the cemetery shall be recorded.

b.

A drainage plan shall be submitted and approved by the development plan review department before cemetery approval may be granted.

c.

The owner of a cemetery shall notify the health department of the intent to build a cemetery and shall submit a letter from the health department identifying the cemetery's location in relation to any known drinking water wells as part of the application for approval.

(Ord. No. 2018-01, § 1(802), 1-8-2018)

This district is intended to provide locations for the development of medium density residential developments.

803.1

Development standards for R60 district.

803.2

Building standards for R60 district. All principal structures within R60 district shall meet the following:

A)

Building facades constructed of cement fiber board, brick, stone, or masonry product only, no vinyl siding. Vinyl may be used only for eaves and soffits.

B)

Gutters are required on all primary structures.

C)

There must be a minimum of 12-inch building overhang on all structures.

D)

The dwelling shall be attached to a permanent foundation. The foundation shall be concrete or masonry blocks joined by mortar or both.

E)

Any building having its finished floor entirely above grade, except for a basement, as defined in the International Building Codes, shall be enclosed by masonry blocks or bricks joined by mortar or shall have poured concrete walls with a height of at least 18 inches and a minimum width of six inches.

F)

Garage requirements per above development standards shall meet minimum width requirements, two-car garage minimum width is 16 feet.

G)

Primary residential structures shall have minimum six-foot-deep covered entry.

H)

An administrative review of architectural drawings and typical landscape plans is done by the city manager or their designee prior to building plan submittal to ensure compliance with intent of the ordinance. Further review and approval by mayor and council will follow, if necessary.

803.3

Subdivision standards for R60 district. All subdivision developments within R60 district shall meet the following:

A)

Entire yard (front, side and rear) of each lot shall be sodded.

B)

All utilities shall be located underground.

C)

Five-foot sidewalks along both sides of interior streets.

D)

Street lights.

E)

Curb and gutter.

F)

25-foot buffer along all existing right-of-way, to include a vegetated berm.

G)

Developments in excess of 50 lots shall have a minimum of two subdivision entrances.

H)

A minimum of ten percent of the total acreage shall be utilized and improved for recreation and open space, provided the following is met:

1)

Stormwater facilities may be included in the green space at not more than 50 percent of the total required.

2)

An administrative review of the recreation/open space plan is done by the city manager or their designee prior to building plan submittal to ensure compliance with intent of the ordinance. Further review and approval by mayor and council will follow, if necessary.

I)

Deed restricted HOA.

803.4

Permitted structures and uses for R60 district.

A)

Single-family dwellings excluding modular dwellings.

B)

Those permitted structures and uses common to all residential districts as stated in section 801.1.

803.5

Accessory structures and uses for R60 district.

A)

Those accessory structures and uses common to all residential districts as stated in section 801.2.

(Ord. No. 2018-01, § 1(803), 1-8-2018)

This district is intended to provide locations for the moderate size, urban style residential developments.

804.1

Development Standards for R50 district.

804.2

Building standards for R50 district. All principal structures within R50 district shall meet the following:

A)

Building facades constructed of cement fiber board, brick, stone, or masonry product only, no vinyl siding. Vinyl may be used only for eaves and soffits.

B)

Gutters requirement on all primary structures.

C)

There must be a minimum of 12-inch building overhang on all structures.

D)

The dwelling shall be attached to a permanent foundation. The foundation shall be concrete or masonry blocks joined by mortar or both.

E)

Any building having its finished floor entirely above grade, except for a basement, as defined in the International Building Codes, shall be enclosed by masonry blocks or bricks joined by mortar or poured concrete walls having a height of at least 18 inches and a minimum width of six inches wide.

F)

Garage requirements per above development standards shall meet minimum width requirements, two-car garage minimum width is 16 feet.

G)

Primary residential structure shall have minimum six-foot-deep covered entry.

H)

An administrative review of architectural drawings and typical landscape plans is done by the city manager or their designee prior to building plan submittal to ensure compliance with intent of the ordinance. Further review and approval by mayor and council will follow, if necessary.

804.3

Subdivision standards for R50 district. All subdivision developments within R50 district shall meet the following:

A)

Entire yard (front, side and rear) of each lot shall be sodded.

B)

All utilities shall be located underground.

C)

Five-foot sidewalks along both sides of interior streets.

D)

Street lights.

E)

Curb and gutter.

F)

25-foot buffer along all existing right-of-way, to include a vegetated berm.

G)

Developments in excess of 50 lots shall have a minimum of two subdivision entrances.

H)

A minimum of 15 percent of the total acreage shall be utilized and improved for recreation and open space, provided the following is met:

1)

Stormwater facilities may be included in the green space at not more than 50 percent of the total required.

2)

An administrative review of the recreation/open space plan is done by the city manager or their designee prior to building plan submittal to ensure compliance with intent of the ordinance. Further review and approval by mayor and council will follow, if necessary.

I)

Deed restricted HOA.

804.4

Permitted structures and uses for R50 district.

A)

Single-family dwellings excluding modular dwellings.

B)

Those permitted structures and uses common to all residential districts as stated in section 801.1.

804.5

Accessory structures and uses for R50 district.

A)

Those accessory structures and uses common to all residential districts as stated in section 801.2.

(Ord. No. 2018-01, § 1(804), 1-8-2018)

This district is intended to provide for a higher density of single-family residential development.

805.1

Development standards for R40 district.

805.2

Building standards for R40 district. All principal structures within R40 district shall meet the following:

A)

Building facades constructed of cement fiber board, brick, stone, or masonry product only, no vinyl siding. Vinyl may be used only for eaves and soffits.

B)

Gutters requirement on all primary structures.

C)

There shall be a minimum of 12-inch building overhang on all structures.

D)

The dwelling shall be attached to a permanent foundation. The foundation shall be concrete or masonry blocks joined by mortar or both.

E)

Any building having its finished floor entirely above grade, except for a basement, as defined in the International Building Codes, shall be enclosed by masonry blocks or bricks joined by mortar or poured concrete walls having a height of at least 18 inches and a minimum width of six inches wide.

F)

Garage requirements per above development standards shall meet minimum width requirements, two-car garage minimum width is 16 feet and one-car garage minimum width is ten feet. Homes built with one-car garage shall provide one additional parking space within a common area that shall be depicted during the subdivision review process.

G)

Primary residential structure shall have minimum six-foot-deep covered entry.

H)

An administrative review of architectural drawings and typical landscape plans is done by the city manager or their designee prior to building plan submittal to ensure compliance with intent of the ordinance. Further review and approval by mayor and council will follow, if necessary.

805.3

Subdivision standards for R40 district. All subdivision developments within R40 district shall meet the following:

A)

Entire yard (front, side and rear) of each lot shall be sodded.

B)

All utilities shall be located underground.

C)

Five-foot sidewalks along both sides of interior streets.

D)

Street lights.

E)

Curb and gutter.

F)

25-foot buffer along all existing right-of-way, to include a vegetated berm.

G)

Developments in excess of 50 lots shall have a minimum of two subdivision entrances.

H)

A minimum of 20 percent of the total acreage shall be utilized and improved for recreation and open space, provided the following is met:

1)

Stormwater facilities may be included in the green space at not more than 50 percent of the total required.

2)

An administrative review of the recreation/open space plan is done by the city manager or their designee prior to building plan submittal to ensure compliance with intent of the ordinance. Further review and approval by mayor and council will follow, if necessary.

I)

Deed restricted HOA.

805.4

Permitted structures and uses for R40 district.

A)

Single-family dwellings excluding modular dwellings.

B)

Those permitted structures and uses common to all residential districts as stated in section 801.1.

805.5

Accessory structures and uses for R40 district. Those accessory structures and uses common to all residential districts as stated in section 801.2.

(Ord. No. 2018-01, § 1(805), 1-8-2018)

This district is intended to provide locations for a development of a mixture of the single-family residential classifications R40, R50 and R60.

806.1

Development standards for MR district. This district allows for three options of developing a combination of R40, R50 and R60. Any variation from Option 1, 2 or 3 shall be approved by the mayor and council. Each of the three districts shall be distributed throughout the subdivision and developed to the applicable standards as required within the appropriate residential designation in which it is located, R40, R50 or R60.

Option 1:

Option 2:

Option 3:

806.2

Building standards for MR district. All principal structures within MR district shall meet the applicable building standards as required under the appropriate residential designation in which it is located, R40, R50 or R60.

806.3

Subdivision standards for MR district. All subdivision developments within MR district shall meet the following:

A)

Entire yard (front, side and rear) of each lot shall be sodded. Extensive landscaping shall be required per individual lot. Typical lot landscape detail to be approved by city manager or their designee as a part of the subdivision plat review.

B)

All utilities shall be located underground.

C)

Five-foot sidewalks along both sides of interior streets.

D)

Street lights.

E)

Curb and gutter.

F)

25-foot buffer along all existing right-of-way, to include a vegetated berm.

G)

Developments in excess of 50 lots shall have a minimum of two subdivision entrances.

H)

Open space. A minimum of ten percent of the total acreage within the subdivision shall be included in open space and improved as deemed necessary by the city manager or their designee. An administrative review of the plan is done by the city manager or their designee prior to building plan submittal to ensure compliance with intent of the ordinance. Further review and approval by mayor and council will follow, if necessary. The plan shall include each of the following:

1.

Playground area suitable to the size of the development, commercial grade equipment.

2.

25-foot buffer, including a vegetated berm along all existing right-of-way.

3.

Extensively landscaped boulevard style entrance, landscaped center island to be approved by the city manager or their designee.

4.

Stormwater facilities may be included in the open space at not more than 50 percent of the total required.

806.4

Permitted structures and uses for MR district.

A)

Single-family dwellings excluding modular dwellings.

B)

Those permitted structures and uses common to all residential districts as stated in section 801.1.

806.5

Accessory structures and uses for MR district. Those accessory structures and uses common to all residential districts as stated in section 801.2.

(Ord. No. 2018-01, § 1(806), 1-8-2018)

This district is intended to provide for a greater flexibility in design and density within a secure gated single-family residential development.

807.1.

Development standards for GR district. Development standards in GR districts are set aside to allow greater flexibility in design and allow for a diversity of lot sizes and residential density. The means to achieve this flexibility is through the approval of a master development plan specific to a development. GR districts are created upon request of a developer, whose application materials demonstrate a firm commitment to the construction of a well-designed gated community. Approval of GR zoning shall be conditioned by a master development plan approved by the mayor and council. The master development plan shall include a written and graphic detailed submission of the proposed subdivision, street layout, recreational amenities, common/open space and/or any other offering of improvements. The approved master development plan and supporting details of the proposal shall be properly maintained and documented as the zoning record. See requirements in section 807.7.

The intent of the GR district is to provide a greater flexibility in the standards to allow for multiple options of development. To achieve the purpose of this district, the master development plan is required and used to identify all other specifications of the development.

807.2.

Building standards for GR district. Building standards as identified in the master development plan.

807.3.

Subdivision standards for GR district. Subdivision standards as identified in the master development plan.

807.4.

Permitted structures and uses for GR district.

A)

Single-family dwellings other than modular dwellings.

B)

Attached single-family dwellings at no more than 25 percent of the project.

C)

Those permitted structures and uses common to all residential districts as stated in section 801.1.

807.5.

Accessory structures and uses for GR district. Those accessory structures and uses common to all residential districts as stated in section 801.2.

807.6.

Reserved.

807.7.

Master development plan. Prior to the submittal of the master development plan, staff will hold a meeting with the applicant to begin the preliminary discussion of the proposed development. The purpose of the meeting will be to review the details of the plan, identify the unique components being offered as well as receive staff input prior to the official submittal to the mayor and council for consideration. Staff will provide a checklist of items addressed along with a summary of the meeting. The master development plan shall be a realistic conceptual layout showing proposed lots, streets, right-of-way, other pertinent development features and shall include the following:

1.

Acreage of property with details of each of the residential uses, lot sizes and setbacks.

2.

Location and description of proposed amenities, open space and/or common areas.

3.

Detailed description of the homeowners association organization and responsibilities.

4.

Detailed list of proposed offerings of the development (see sections 807.8 and 807.9). The burden is one the applicant to demonstrate that the features of the proposed development are sufficiently interrelated and reasonable before approval by the mayor and council.

807.8.

Options for building improvements. The following building improvements are listed as suggestions only, and by no means meant to be conclusive of possible improvements that could be offered in the master development plan:

A.

Roof, architectural shingles.

B.

Extensive landscaping for each lot.

C.

Decorative garage doors.

D.

Private screened patios.

E.

Ten-foot ceilings, ground floor.

F.

Rear entry garages.

G.

Decorative facade elements (gables, vents, posts, siding, etc.).

H.

Facade restrictions (i.e., all brick, stone or stucco, mixture thereof, themed style, etc.).

807.9.

Options for subdivision improvements. The following subdivision improvements are listed as suggestions only, and by no means meant to be conclusive of possible improvements that could be offered in the master development plan:

A.

Common areas that shall be owned and maintained by the homeowner association as established in the master development plan, section 807.7(A)(4).

1.

Pocket parks, park benches, gazebos.

2.

Clubhouse, business center, fitness center.

3.

Community gardens.

4.

Gathering area for picnics/grilling.

5.

Walking paths/trails.

6.

Open fields, playing courts, multi-use fields.

7.

Playgrounds.

8.

Dog parks.

9.

Water features.

10.

Streetscape design to include street trees, landscaped areas, islands or cul-de-sacs.

11.

Decorative signage.

12.

Traffic calming elements.

13.

Significant subdivision entrance.

807.10.

Miscellaneous provisions for GR district. Any major or substantial change in the approved master development plan which affects the intent and character of the development, the density of land use pattern, the location or dimensions of streets, or similar substantial changes shall be reviewed and approved by the mayor and council. A request for a revision of the master development plan shall be supported by a written statement indicating the nature of the revision and the reasons it be considered. If after the master development plan is turned down by the mayor and council, the zoning approval may be withdrawn and the mayor and council may reinstate the prior zoning district and regulations or apply any intervening zoning district and applicable regulations to the property.

807.11.

Public streets. For those single-family gated communities in this district that elect to dedicate streets therein to the city thereby making them public rights-of-way (excluding all other areas which are the responsibility of the homeowners association), shall be subject to a transfer fee payable at closing for the upkeep and maintenance of the dedicated street. See definitions at article IV of appendix A. Dedicated streets must be reflected on the master development plan and approved upon the submission of the final plat.

(Ord. No. 2018-01, § 1(807), 1-8-2018; Ord. No. 2019-04, § 1, 8-19-2019)

This district is intended to provide locations for duplex structures, where public water and public sewer are available.

808.1.

Development standards for RD district.

808.2.

Building standards for RD district. All principal structures within RD district shall meet the following:

A)

Building facades constructed of cement fiber board, brick, stone, or masonry product only, no vinyl siding. Vinyl may be used only for eaves and soffits.

B)

Gutters requirement on all primary structures.

C)

Minimum of 12-inch building overhang on all structures.

D)

The dwelling shall be attached to a permanent foundation. The foundation shall be concrete or masonry blocks joined by mortar or both.

E)

Any building having its finished floor entirely above grade, except for a basement, as defined in the International Building Code, shall be enclosed by masonry blocks or bricks joined by mortar or poured concrete walls having a height of at least 18 inches and a minimum width of six inches wide.

F)

Garage requirements per above development standards shall meet minimum width requirements, two-car garage minimum width is 16 feet and one-car garage minimum width is ten feet. Homes built with one-car garage shall provide one additional parking space within a common area that shall be depicted during the subdivision review process.

G)

Both units within duplex shall have minimum four-foot-deep covered entry.

H)

An administrative review of architectural drawings and typical landscape plans is done by the city manager or their designee prior to building plan submittal to ensure compliance with intent of the ordinance. Further review and approval by mayor and council will follow, if necessary.

808.3.

Subdivision standards for RD district. All subdivision developments within RD district shall meet the following:

A)

Entire yard (front, side and rear) of each lot shall be sodded.

B)

All utilities shall be located underground.

C)

Five-foot sidewalks along both sides of interior streets.

D)

Street lights.

E)

Curb and gutter.

F)

25-foot buffer along all existing right-of-way, to include a vegetated berm.

G)

Developments in excess of 50 lots shall have a minimum of two subdivision entrances.

H)

All developments within a RD district shall be considered as residential subdivisions with only one residential structure allowed per lot and the development shall comply with the City of Lovejoy subdivision regulations.

I)

All streets within a RD district shall be considered as public streets and, accordingly shall be built to the City of Lovejoy requirements for public streets, including but not limited to, right-of-way dimensions, pavement width and construction materials and methods.

J)

Deed restricted HOA.

808.4

Permitted structures and uses for RD district.

A)

Two-family dwellings (duplexes)

B)

Those permitted structures and uses common to all residential districts as stated in section 801.1.

808.5.

Accessory structures and uses for RD district. Those accessory structures and uses common to all residential districts as stated in section 801.2.

(Ord. No. 2018-01, § 1(808), 1-8-2018)

This district is intended to provide locations for the development of multifamily apartment developments.

809.1.

Development Standards for RMA District.

809.2.

Building standards for RMA district. All principal structures within RMA district shall meet the following:

A)

Building facades constructed of cement fiber board, brick, stone, or masonry product only, no vinyl siding. Vinyl may be used only for eaves and soffits.

B)

Earth tone colors only to be used on building facades.

C)

Building facades shall be vertically and horizontally divided utilizing changes of materials, offsets or similar means to avoid monotony.

D)

Minimum of 12-inch building overhang on all structures.

E)

Gutters requirement on all structures.

F)

Each unit shall have minimum six-foot-deep covered entry.

G)

An administrative review of architectural drawings and typical landscape plans is done by the city manager or their designee prior to building plan submittal to ensure compliance with intent of the ordinance. Further review and approval by mayor and council will follow, if necessary.

809.3.

Permitted structures and uses for RMA district.

A)

Apartment dwellings.

B)

Those permitted structures and uses common to all residential districts as stated in section 801.1.

809.4.

Accessory structures and uses for RMA district. The following accessory structures and uses are permitted, provided that it meets all applicable requirements set forth in the ordinance:

A)

Garages, exclusively for the use of residents of the multifamily development.

B)

Storage and utility buildings.

C)

Offices and maintenance facilities incidental to use by residents of the multifamily development only.

D)

Recreation areas and structures operated and maintained exclusively for the use of residents and guest of residents of the multifamily development.

809.5.

Miscellaneous provisions for RMA district.

A)

A detailed plan for the development of apartments shall be approved by the mayor and council prior to formal submittal for a land disturbance permit. Such detailed plan shall include, but is not limited to the following:

1)

Number of units by type (one, two, etc., bedrooms)

2)

Proposed amenities, playground facilities, clubhouse, pools and other improvements to be located in the open space

3)

Landscaping details

B)

Developments zoned RMA after the effective date of the ordinance from which this appendix is derived may have a density up to eight dwelling units per acre but may be more as, provided in the following paragraph:

1)

If the applicant specifies the density to be, provided in the rezoning application and the mayor and council approves said application with the density level presented, then the density of the development may be as stated in said application not to exceed 15 dwelling units per acre.

C)

Developments zoned for multifamily development prior to the effective date of the ordinance from which this appendix is derived may increase the density not to exceed 15 units per acre by application to the mayor and council for the increase with the submittal and approval of an enhanced recreation/amenity package.

D)

Heights of buildings in multifamily development shall be limited based upon the proximity to, and character of nearby single-family residential development not zoned as RMA, RTH, 01, NB, GB, LI or HI or lies across a private or public street from property not zoned as RMA, RTH, 01, NB, GB, LI or HI, then the multifamily development shall not have any structures greater than two stories in height above the elevation of the adjoining property line or centerline of the street, whichever is the pertinent feature based upon the property which would be adversely impacted by the multifamily development; provided, however, the mayor and council may as part of the rezoning action provide an exception to this subsection if requested in the rezoning application and the mayor and council deem such an exception to be appropriate based upon consideration of the adopted standards of review.

E)

In determining the maximum number of dwelling units allowed in a multifamily development, the following unbuildable areas are excluded except as, provided in this subsection 809.5(E):

1)

All utility easements having a width greater than 20 feet.

2)

All lands included within a 100-year floodplain.

F)

If the areas listed in subsection 809.5(E)1) and 2) are developed or improved for recreational use and/or open space and is located and improved so as to be an amenity to the proposed multifamily development, then the city manager or their designee may allow up to 50 percent of such land areas to be included in computing the maximum number of dwelling units allowable, subject to the following provisions:

1)

Use, improvement and/or development of said lands shall be shown an plans submitted to the city manager or their designee for approval prior to obtaining any development permits.

2)

The recreational facilities and uses and open space amenities shall be constructed prior to issuance of any certificate of occupancy for any dwelling units in the development which would bring the total of then-issued certificates of occupancy to an amount which exceeds 50 percent of those units then permitted for development. Said recreational facilities and uses and open space amenities shall be accessible by an improved walk or drive from the dwelling units to be covered by the certificate of occupancy or shall be otherwise accessible within 100 feet of said dwelling units.

G)

A minimum 20 percent of the grass land area shall be utilized and improved for recreation and open space, subject to the same requirements specified in subsection 809.5(E)2).

H)

The city manager or their designee shall consider the following standards and issues when reviewing the proposed recreational and open space facilities and uses pursuant to subsections 809.5(E) and (F):

1)

The proximity of the facilities and uses to the proposed dwelling units and parking areas.

2)

The appropriateness of the types of facilities and uses proposed relative to the likely age groups to reside in the proposed dwelling units based on the following assumptions:

a.

The greater the bedroom mix is concentrated towards the dwelling units with over one bedroom in a dwelling unit, the more likely families with children will be present and the recreation and open space facilities and uses will need to have a greater children and family orientation.

b.

The greater the bedroom mix is concentrated towards dwelling units with less than two bedrooms in a dwelling unit, the mare likely the development will be predominately adult with relatively few children present and the recreational and open space facilities and uses will need to be so oriented.

3)

The provision of adequate noise, dust and visual buffers between the proposed facilities and adjoining residential development or property.

4)

The minimization of removal of shrubs and trees to provide the recreation and open space facilities and uses.

I)

No multifamily residential building shall be within 20 feet of another residential building or within 50 feet of the boundary of a residential zoning district other than a RMA district.

J)

The city manager or their designee shall review and approve the preliminary and final site plans as, provided in article XI of this appendix.

K)

Buffer requirements as specified in section 901 shall be met.

(Ord. No. 2018-01, § 1(809), 1-8-2018)

This district is intended to provide locations for high density fee simple attached residential townhomes. The requirements are designed to provide a quality development, a variety in housing types and to promote individual home ownership.

810.1.

Development standards for RTH district.

810.2.

Building standards for RTH district. All principal structures within RTH district shall meet the following:

A)

Building facades constructed of cement fiber board, brick, stone, or masonry product only, no vinyl siding. Vinyl may be used only for eaves and soffits.

B)

Earth tone colors shall be used on building facades.

C)

Building facades shall be vertically and horizontally divided utilizing changes of materials, offsets or similar means to avoid monotony.

D)

Changes in roof line.

E)

Minimum of 25 percent of all units must have a two-car garage. All other units must have a one-car garage. Garage space is not considered as a parking space.

F)

Minimum of 12-inch building overhang on all structures.

G)

Gutters requirement on all structures.

H)

The dwelling shall be attached to a permanent foundation. The foundation shall be concrete or masonry blocks joined by mortar or both.

I)

Deed restricted HOA.

J)

Minimum of 25 percent of all units must be a minimum of 1,400 SF heated space.

810.3.

Subdivision standards for RTH district. All subdivision developments within RTH district shall meet the following:

A)

Entire yard (front, side and rear) of each lot shall be sodded.

B)

All utilities shall be located underground.

C)

Five-foot sidewalks along both sides interior streets.

D)

Street lights.

E)

Curb and gutter.

F)

25-foot buffer along all existing right-of-way, to include a vegetated berm.

G)

Developments in excess of 50 lots shall have a minimum of two subdivision entrances.

H)

All developments within a RTH district shall be considered as residential subdivisions with only one residential structure allowed per lot and the development shall comply with the City of Lovejoy subdivision regulations.

I)

All streets within a RTH district shall be considered as public streets and, accordingly shall be built to the City of Lovejoy requirements for public streets, including but not limited to, right-of-way dimensions, pavement width and construction materials and methods.

J)

A minimum of 20 percent of the total acreage shall be utilized and improved for recreation and open space, provided the following is met:

1)

Stormwater facilities may be included in the green space at not more than 50 percent of the total required.

2)

An administrative review of the recreation/open space plan is done by the city manager or their designee prior to building plan submittal to ensure compliance with intent of the ordinance. Further review and approval by mayor and council will follow, if necessary.

K)

Deed restricted HOA.

810.4.

Permitted structures and uses for RTH district.

A)

Attached single-family dwelling units.

B)

Those permitted structures and uses common to all residential districts as stated in section 801.1.

810.5.

Accessory structures and uses for RTH district. Those accessory structures and uses common to all residential districts as stated in section 801.2.

810.6.

Additional requirements for sites greater than eight acres. All subdivision developments within the RTH district greater than eight acres shall meet the following:

A)

Master plan to be reviewed by the mayor and city council.

B)

Gated community.

C)

Central trash drop-off and pick up area (community dumpster—enclosed).

D)

Amenity areas to include community meeting area, playground for children 12 and under, and multi purpose field area. The owner may request substitutions for these items.

E)

Central mail kiosk.

F)

Fifty percent of all units must be a minimum of 1,400 square feet heated space.

G)

Boulevard and landscaped main entrance with landscaping. Minimum of two entrances required.

H)

Project must provide two additional amenities provided by the owner. Amenities are to presented to the Mayor and City Council for review and approval as part of the Master Plan process.

I)

A landscape plan will be required as part of the land disturbance permit process and will be reviewed by the city manager and or their designee. Further review and approval by the mayor and city council will follow, if necessary. Architectural drawings include facades and elevations are required as part of the building permit process and will be reviewed by the city manager and or their designee. Further review and approval by the mayor and city council will follow, if necessary.

810.7

Additional requirements for sites less than eight acres. All subdivision developments within the RTH district less than eight acres shall meet at a minimum the following:

A)

Master plan to be reviewed by the mayor and city council. The city may require the development to be gated as part of the approval of the master plan.

B)

Central trash drop-off and pick up area (community dumpster—enclosed).

C)

Three amenities presented in the master plan.

D)

Central mail kiosk.

E)

A landscape plan will be required as part of the land disturbance permit process and will be reviewed by the city manager and or their designee. Further review and approval by the mayor and city council will follow, if necessary. Architectural drawings include facades and elevations are required as part of the building permit process and will be reviewed by the city manager and or their designee. Further review and approval by the mayor and city council will follow, if necessary.

(Ord. No. 2018-01, § 1(810), 1-8-2018; Ord. No. 2021-10, §§ 1—3, 12-20-2021)

This district is intended to provide areas for mobile or manufactured homes in parks.

811.1.

Development standards for RMP district.

811.2.

Building standards for RMP district. All principal structures within RMP district shall meet the following:

A)

Manufactured home. Each unit shall supply documented compliance with the National Manufacturing Housing Construction and Safety Act.

B)

Mobile home. Each unit shall supply documented compliance with the National Mobile Home Construction and Safety Act (only homes built after June 15, 1976, shall be allowed).

C)

Installation of each unit shall comply with Chapter 120-3-7 of the Rules and Regulations of the Office Commissioner of Insurance - Safety Division, State of Georgia or per the manufacturer requirements.

811.3.

Permitted structures and uses for RMP district.

A)

Manufactured/mobile homes, subject to section 811.2.

B)

Those permitted structures and uses common to all residential districts as stated in section 801.1.

811.4

Accessory structures and uses for RMP district. Accessory structures and uses are permitted, provided that an accessory structure shall be located entirely within the rear yard and shall be located at least five feet from any property line and outside of any utility easement. Specific accessory structures thus permitted include:

1)

Carport and garages.

2)

Storage and utility buildings.

3)

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

4)

Recreation areas and structures owned, operated and maintained exclusively for the use of residents and guest of residents of the mobile home park; and further, provided that said areas and structures are controlled by the mobile home park's owners.

5)

Private streets to provide access only to the spaces and facilities within the mobile home park.

811.5.

Miscellaneous provisions for RMP district.

A)

All mobile homes locating in a mobile home park subsequent to the date of adoption of this appendix shall provide documentation of compliance with the National Home Construction and Safety Act or compliance with specifications presented by the American National Standards Institute. Existing mobile homes within city mobile home parks not in compliance with either of these standards are non-conforming.

B)

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

C)

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

D)

No mobile home sales or repair facilities of any type (including automobile repair) shall be permitted; provided, however, that this subsection shall not be construed as to prohibit the owner of a mobile home from selling the mobile home in which they are residing or to prohibit a person from performing minor repairs on the automobile which they own.

E)

Each mobile home space within the approved park shall be clearly delineated by means of an iron pin at each corner.

F)

Each mobile home space within the approved park shall abut, have access to and have 60 feet of frontage on an approved private street of the park. Said street shall meet the City of Lovejoy requirements for pavement width and construction materials and methods as if it were a public street.

G)

Reserved.

H)

The city manager or their designee shall review and approve the preliminary and final site plans as, provided in article XI of this appendix.

I)

Buffer requirements as required in article IX of this appendix shall be met. Specifically, all mobile home parks shall have an opaque buffer 50 feet in width.

J)

No mobile home space within the district shall front on or hove[have] immediate access to a public street.

K)

The side yard between mobile homes spaces within the approved park may vary from zero feet to 20 feet; however, a minimum of 20 feet shall be maintained between all buildings and no buildings may be closer than 50 feet of any boundary of on RMP zoning district.

L)

Within all developments in a RMP zoning district, at least 15 percent of the total gross land area except for those areas identified in subsection 811.5(L)(1) of this section shall be devoted to recreation or improved open space suitable for recreation purposes. This area shall be developed prior to any mobile homes being placed upon said space. All spaces approved for occupancy shall have access to said recreation areas.

1)

Areas not to be included in computation of recreation and open space requirements in this section include streets, utility easements of over ten feet in width and drainage easements.

M)

No mobile home shall be located within 30 feet of the rear line of the space on which it is located or within 30 feet of the private street on which it is located.

N)

No mobile home shall be constructed or maintained on a lot or tract which as a total area of not less than 50 acres.

O)

At least two paved parking spaces shall be provided on each mobile home space.

P)

No mobile home shall be allowed in a mobile home park which has dimensions of less than 12 feet by 50 feet or a heated floor area of less than 600 square feet.

Q)

One refuse collection station shall be provided for each 20 mobile home spaces, or fraction thereof, conveniently located to serve residents and not more than 200 feet from any mobile home space as measured along the adjoining streets or concrete side walk.

R)

Each manufactured or mobile home shall be connected with public water and sanitary sewer facilities which comply with city requirements.

S)

The mobile home park and all mobile homes located therein shall be in compliance with all regulations of the city and state health departments even though said requirements may not be included in this appendix.

T)

All requirements of the city and state fire marshal's office shall be adhered to.

811.6

Conditional Use for RMP district.

A)

Recreational vehicles/campers.

1)

Must be placed on lot size as specified for RMP district;

2)

Solid surface driveway;

3)

Solid surface parking area to be provided if requested to provide a reasonable accommodation for ADA compliance;

4)

Underpinning for long term residents exceeding six months occupancy;

5)

Exterior materials to meet industry standards for RV/campers;

6)

Lot must be owned and maintained by park owner;

7)

Storage building at rear of Lot for long term residents exceeding six months;

8)

No more than 50 percent of total rental spaces shall be dedicated to RV/campers;

9)

RV/camper sites shall be no closer than 300 feet from a public roadway;

10)

Must be connected to county sewer and water systems; and

11)

Additions and improvements such as decks must be permitted and inspected by the city.

(Ord. No. 2018-01, § 1(811), 1-8-2018; Ord. No. 2021-07, § 1, 8-16-2021)

812.1.

Purpose. This district is intended to encourage development of suitable business and professional enterprises of a character and density deemed compatible with the general area in which it is located.

812.2.

Permitted structures and uses.

(A)

Professional and business offices.

(B)

Retail uses in conjunction with and normally appurtenant to office/institutional uses, provided such retail uses are developed as part of the office/institutional complex and do not exceed 20 percent of the floor area of the office/institutional structures. Uses to be considered as normally appurtenant to office/institutional uses shall include, but may not be limited to:

(1)

Florist shops;

(2)

Cafeterias, snack shops and restaurants;

(3)

Pharmacies;

(4)

Gift shops; and

(5)

Office supply stores.

(C)

Signs subject to the provisions of article X of this appendix.

(D)

Public and governmental buildings and offices.

(E)

Dental clinics.

(F)

Parking lots and parking structures of a commercial nature located along and having immediate access to a public street having a functional classification of no less than principal arterial highway in the city's land use and thoroughfare plan.

812.3.

Accessory structures and uses. Parking lots, parking structures and drives or private streets developed and used as part of an office/institutional development or to provide secondary access to another development of any type are allowed.

812.4.

Conditional structures and uses. Upon application to and favorable decision thereon by the city council as, provided in article XIV and article XV of this appendix, the conditional structures and uses specified herein are permitted in this district, provided that their establishment promotes the health, safety, morals and general welfare of the city. Specific conditional structures and uses which may be permitted as so specified are as follows:

(A)

Churches and similar religious facilities.

(B)

Clubs and lodges of a business character.

(C)

Colleges and universities, business colleges and vocational technical schools.

(D)

Hospitals and clinics, but not veterinary facilities.

(E)

Veterinary facilities independent of hospital and clinic facilities.

(F)

Libraries, museums and art galleries.

(G)

Medical clinics.

(H)

Nursing homes, provided that at least 15 percent of the lot area is developed for outdoor recreation suitable for use by the population group served by the facility. Additionally, the outdoor recreation area shall be encompassed by a 25-foot buffer as specified by the zoning administrator, based upon the standard stated in this appendix.

(I)

Hotels and motels of at least three stories on property located along and with immediate access to a street having a functional classification of no less than a major collector street in the city's land use and thoroughfare plan and not located within 1,000 feet in any direction of property developed or zoned for single-family dwellings only.

(J)

Hotels and motels, as defined in section [401], which offer individual rooms or suites containing a kitchen area with facilities where cooking is permitted.

(K)

Day care centers, provided that at least 150 square feet of outdoor play area and 35 square feet of indoor space is, provided for each child. The outdoor play areas shall be encompassed by a 25-foot buffer as specified by the zoning administrator, based upon the standard stated in this appendix, and enclosed by a decorative fence at least four feet in height.

812.5.

Development intensity restrictions. The maximum intensity of development in this district is as stated in table VIII-1, subject to specific standards which may be stated elsewhere in this article, in article IX of this appendix or by the city council.

812.6.

Development dimensional requirements. The minimum development dimensional requirements in this district are as shown in table VIII-2, subject to greater minimum requirements which may be stated elsewhere in this article, in article IX of this appendix or by the city council.

813.1.

Purpose. This district is intended to provide locations for limited retail and service uses to satisfy the common and frequent needs of residents of nearby residential neighborhoods and developments. It is the intent of this district to encourage such uses to be a part of a neighborhood convenience center on a street of appropriate classification and proximate to the neighborhoods to be served.

813.2.

Permitted structures and uses.

(A)

Antique shops, provided there is no outdoor display area and no storage of goods or merchandise outside of an enclosed structure.

(B)

Banks, including drive-in banks, provided that all associated facilities are located completely off the public right-of-way and provision is made to accommodate at least five vehicles in line at each drive-in teller window.

(C)

Barber shops, beauty parlors and similar personal service establishments.

(D)

Bakeries, provided the products produced therein are offered for retail sale only and offered for such sale on the premises.

(E)

Books, stationery and card shops.

(F)

Confectionery (candy) shops.

(G)

Reserved.

(H)

Drug stores and apothecary shops.

(I)

Florist and gift shops.

(J)

Gift and card shops.

(K)

Grocery stores, including fruit, vegetable and meat markets, provided the following specifications are met:

(1)

No killing, eviscerating, skinning, plucking or smoking of food products is permitted.

(2)

The business is conducted in an enclosed building with only incidental displays or sidewalk sales of a temporary nature allowed outside of said structure.

(L)

Laundromats.

(M)

Neighborhood shopping centers of at least 20,000 square feet. In addition to the other uses specifically permitted in the NB district, the following uses are permitted if included in a neighborhood shopping center:

(1)

Apparel stores.

(2)

Bicycle stores with incidental repair facilities not covering more than 25 percent of the floor area.

(3)

Clothes cleaning agencies, pressing establishments, and laundry pickup stations.

(4)

Catering establishments.

(5)

Custom dressmaking or millinery shops.

(6)

Dog and cat grooming and supplies, but excluding pet sales and facilities for the overnight keeping of animals.

(7)

Dry goods, notions and dime stores.

(8)

Furniture stores.

(9)

Indoor recreation, including bowling alleys, theaters, pool rooms and electronic machines.

(10)

Hardware and appliance stores selling predominantly at retail.

(11)

Jewelry stores.

(12)

Loan offices.

(13)

Music stores.

(14)

News stores.

(15)

Package (beer and wine) stores, to include the sale of other alcoholic beverage products by the container but not by the drink.

(16)

Paint and decorating stores.

(17)

Photography stores and studios (including the sale of supplies and equipment).

(18)

Quick copy print shops or similar such establishments.

(19)

Radio/television repair shops (including the sale of supplies and equipment).

(20)

Restaurants.

(21)

Shoe stores and shoe repair shops.

(22)

Tailoring and clothing shops.

(N)

Business and professional offices.

(O)

Business and professional office complexes, including veterinary clinics, provided no facilities are, provided for the overnight keeping of animals.

(P)

Business signs as stated in the provisions of article X.

(Q)

Nursing homes, provided that at least 15 percent of the lot area is developed for outdoor recreation suitable for use by the population group served by the facility. Additionally, the outdoor recreation area shall be encompassed by a 25-foot buffer as specified by the zoning administrator, based upon the standard stated in this appendix.

(R)

Day care centers, provided that at least 150 square feet of outdoor play area and 35 feet of indoor space is, provided for each child. The outdoor play area shall be encompassed by a 25-foot buffer as specified by the zoning administrator, based upon the standard stated in this appendix, and shall be enclosed by a decorative fence at least four feet in height.

813.3.

Accessory structures and uses. Parking lots and driveways to serve the commercial development.

813.4.

Conditional structures and uses. No conditional structures and/or uses are allowed.

813.5.

Development intensity restrictions. The maximum intensity of development in this district is as stated in table VIII-1, subject to specific standards which may be stated elsewhere in this article, in article IX of this appendix or by the city council.

813.6.

Development dimensional requirements. The minimum development dimensional requirements in this district are shown in table VIII-2, subject to greater minimum requirements which maybe stated elsewhere in this article, in article IX of this appendix or by the city council.

813.7.

Miscellaneous provisions. No shopping center containing less than three businesses shall be considered a neighborhood shopping center.

(Ord. No. 2024-02, § 1, 6-17-2024)

814.1.

Purpose. This district is intended to provide locations for a wide variety of retail and service uses to satisfy the common and frequent needs of residents in a large section of the city and of the traveling public. It is the intent of this district to encourage such uses to be a part of a planned community commercial center on thoroughfares of at least a functional classification of major collector and proximate to the market to be served.

814.2.

Permitted structures and uses.

(A)

Apparel stores.

(B)

Antique shops, provided there are no outdoor display areas and no storage of goods or merchandise outside of an enclosed structure.

(C)

Banks, including drive-in banks, provided that all associated facilities are located completely off the public right-of-way and provision is made to accommodate at least five vehicles in line at each drive-in teller window.

(D)

Bakeries, provided the products produced therein are offered for retail sale only and offered for such sale on the premises.

(E)

Barber shops, beauty parlors and similar personal service establishments.

(F)

Bicycle sales and repair shops, provided the following conditions are met:

(1)

Not more than 75 percent of the floor area of the structure or store space shall be used for repair work, storage for bicycles to be repaired or storage for bicycles which have been repaired; and

(2)

The business activity, including related work areas and storage areas, are confined to an enclosed building with only incidental displays of merchandise for sale on a temporary basis allowed outside of said structure.

(G)

Books, stationery and card shops.

(H)

Business and professional offices.

(I)

Clothes cleaning agencies, pressing establishments and laundry pickup stations.

(J)

Catering establishments.

(K)

Commercial parking garages or lots.

(L)

Confectionery (candy) stores.

(M)

Reserved.

(N)

Custom dressmaking or millinery shops.

(O)

Dog and cat grooming and supplies, but excluding pet sales and facilities for overnight keeping of animals.

(P)

Drug stores and apothecary shops.

(Q)

Dry goods, notions and dime stores.

(R)

Electrical repair shops.

(S)

Florist and gift shops.

(T)

Furniture shops.

(U)

Gift and card shops.

(V)

Grocery, fruit, vegetable and meat markets, including supermarkets, but no killing, eviscerating, skinning, plucking or smoking of food products is permitted.

(W)

Indoor recreation, including bowling alleys, theatres, pool rooms and electronic machines.

(X)

Hardware and appliances stores selling predominantly at retail.

(Y)

Jewelry stores.

(Z)

Laundromats.

(AA)

Loan offices.

(BB)

Music stores.

(CC)

News stores.

(DD)

Package (beer and wine) stores, to include the sale of other alcoholic beverage products by the container but not by the drink.

(EE)

Paint and decorating stores.

(FF)

Photographers (including the sale of supplies and equipment).

(GG)

Print shops.

(HH)

Radio-television repair shops (including the sale of supplies and equipment).

(II)

Restaurants.

(JJ)

Shoe stores and shoe repair shops.

(KK)

Tailoring and clothing shops.

(LL)

Taxi offices.

(MM)

Community shopping centers, including all the uses specified in subsections 814.2(A)—(LL) of this section.

(NN)

Government and public buildings.

(OO)

Signs as stated in the provisions of article X of this appendix.

(PP)

Accessory structures and uses.

(QQ)

Hotels and motels.

(RR)

Minor automobile services.

(SS)

All uses permitted in NB districts.

814.3.

Accessory structures and uses. Parking lots and driveways to serve the commercial development and similar commercial and multiple-family development adjacent to the commercial development.

814.4.

Conditional structures and uses.

(A)

Hotels and motels, extended stay, as defined in section 401.

(B)

Reserved.

814.5.

Development intensity restrictions. The maximum intensity of development in this district is as stated in table VIII-1, subject to specific standards which may be stated elsewhere in this article, in article IX of this appendix or by the city council.

814.6.

Development dimensional requirements. The minimum development dimensional requirements in this district are as shown in table VIII-2, subject to greater minimum requirement which may be stated elsewhere in this article, in article IX of this appendix or by the city council.

814.7.

Miscellaneous provisions. All of the permitted structures and uses specified in subsections 814.2(A) through (MM) and in subsections 814.2(PP) through 814.2(SS) of this section shall only be located on property with frontage on, and immediate access to, a street with a functional classification of at least major collector as designated in the city's land use and thoroughfare plan.

(Ord. No. 2024-02, § 1, 6-17-2024)

815.1.

Purpose. This district is to provide for a wide range of retail, service and wholesale establishments requiring a location accessible to large sections of the city population.

815.2.

Permitted structures and uses.

(A)

Any permitted structure and use specified in subsection 814.2, subject to the restrictions specified in section 814.

(B)

Automobile clean-up and new car preparation.

(C)

Automobile rental and leasing facilities.

(D)

Bus terminals.

(E)

Business and commercial schools.

(F)

Community and regional shopping centers.

(G)

Dancing schools, including group instruction.

(H)

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

(I)

Dry cleaning plants and laundries.

(J)

Feed and seed stores.

(K)

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

(L)

New automobile sales (dealerships), provided that each parcel location has a minimum of 200 feet of frontage on a public road right-of-way, a minimum of 200 feet of depth (as measured to a point perpendicular from any point located on the frontage), and contains not less than two acres of land area.

(M)

Offices.

(N)

Parking lots and structures.

(O)

Pawn shops.

(P)

Pet shops.

(Q)

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

(R)

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

(S)

Restaurants.

(T)

Stationary and office machine sales and service.

(U)

Upholstery shops.

(V)

Warehouses with no outdoor storage.

(W)

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

(X)

Signs as stated in the provisions in article X of this appendix.

(Y)

Accessory structures and uses.

(Z)

Automobile service, minor.

815.3.

Accessory structures and uses. Those accessory structures and uses determined by the zoning administrator to be customarily appurtenant to those structures and uses identified as permitted in this zoning district.

815.4.

Conditional structures and uses. Upon application to and favorable decision thereon by the city council as, provided in article XIV and article XV of this appendix, the conditional structures and uses specified herein are permitted in this district, provided that their establishment promotes the health, safety, morals and general welfare of the city. Specific conditional structures and uses which may be permitted as so specified are as follows:

(A)

Ambulance services.

(B)

Auction galleries.

(C)

Animal hospitals or clinics, provided there are no outside runs or pens.

(D)

Auto wash/wax.

(E)

Building and lumber supply establishments.

(F)

Cabinet shops.

(G)

Campgrounds for travel trailer or motor coaches.

(H)

Churches and their customary related uses.

(I)

Clubs and lodges.

(J)

Funeral homes.

(K)

Intentionally omitted and reserved for future use.

(L)

Greenhouses and nurseries, including landscape service.

(M)

Mortuaries and crematoriums.

(N)

Mobile home sales lots.

(O)

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

(P)

Outdoor theaters.

(Q)

RV and boat sales and service.

(R)

Tire retreading establishments.

(S)

Trade shops, including electrical, plumbing, gutter, machines and HVAC contractors.

(T)

Used automobile sales (dealerships), provided that each parcel location has a minimum of 200 feet of frontage on a public road right-of-way, a minimum of 200 feet of depth (as measured to a point perpendicular from any point located on the frontage), and contains not less than two acres of land area.

(U)

Major automobile services.

(V)

Mini-warehouses.

(W)

Tire sales, provided that no storage of tires shall be permitted on the exterior of the building. Display of tires shall be restricted to no more than 20 tires at one time and shall only be allowed to be displayed only during business hours. Used tires and disposal must be in a secure container and not visible to the public.

(X)

Automobile service repair stations, provided that all structures and buildings, including storage tanks, shall be located not less than 100 feet from a business licensed to sale alcohol, not less than 25 feet from any side or rear property tine except where such side or rear property line abuts a street, in which case the setback (including gasoline pumps and storage tanks) shall comply with the setback requirements of any abutting street. If the automobile service station is located on a corner lot, the means of ingress and egress, provided shall he not less than 20 feet from the intersection of street right-of-way lines. Ingress and egress shall he arranged and designed so as to minimize the interference with the flow of vehicular or pedestrian traffic.

(Y)

Convenience stores with accessory fasoline sales, provided the following conditions are met:

(1)

Petroleum derivatives are stored in accordance with all safety requirements of the City of Lovejoy ordinances and regulations pertaining thereto;

(2)

All pumps and structures are placed at least 20 feet from the nearest right-of-way line of any street or highway;

(3)

Where any lot line of any property on which gasoline sales are to be, provided or conducted abuts other property of any residential development or residentially zoned property, there shall be a yard space of at least 40 feet from sale lines (no gasoline pumps or other standing structure or underground/aboveground petroleum storage tanks shall be installed or constructed within this yard space);

(4)

The porperty upon which said business is to be conducted shall have at least 100 feet of continuous frontage on and access to (either directly or through an adjacent commercial development) a street with functional classification of no less than a mahor collector as specified in the city's land use and thoroughfare plan;

(5)

Said lot shall have a depth of at least 100 feet; and

(6)

Be located at least 100 feet from a business licensed to sale alchohol.

(Z)

Body shops.

(AA)

Tobacco stores.

815.5.

Development intensity restrictions. The maximum intensity of development in this district is as stated in table VIII-1, subject to specific standards which may be stated elsewhere in this article, in article IX of this appendix or by the city council.

815.6.

Development dimensional requirements. The minimum development dimensional requirements in this district are as shown in table VIII-2, subject to greater minimum requirements which may be stated elsewhere in this article, in article IX of this appendix or by the city council.

815.7.

Miscellaneous provisions. Any GB zoning district created as a result of a specific rezoning application and subsequent action pursuant to article XV of this appendix should have frontage on a street with a functional classification of at least major collector as designated in the city's land use and thoroughfare plan.

(Ord. No. 2003-08, § 1, 9-15-2003; Ord. No. 2015-04, § 1, 5-18-2015; Ord. No. 2020-02, § 1, 2, 6-15-2020; Ord. No. 2024-02, § 1, 6-17-2024)

816.1.

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

816.2.

Permitted structures and uses.

(A)

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

(B)

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

(C)

Body shops.

(D)

Bottling plants.

(E)

Cabinet shops.

(F)

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

(G)

Cold storage, ice plants and freezer lockers.

(H)

Dairy plants and ice cream manufacturing.

(I)

Distribution of products and merchandise.

(J)

Dry cleaning and laundering establishments.

(K)

Education and training facilities.

(L)

Electrical appliances and equipment, sales and repairs.

(M)

Electronic manufacturing and assembly plants.

(N)

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

(O)

Garages, repair shops and machine shops.

(P)

Mini-warehouses.

(Q)

Offices and administrative facilities.

(R)

Plumbing shops and other contractors, including open storage of materials when located in the rear yard.

(S)

Printing, publishing and reproducing establishments.

(T)

Repair garages.

(U)

Service stations.

(V)

Sign painting and fabricating shops.

(W)

Textile manufacturing plants.

(X)

Tire recapping and retreading shops.

(Y)

Wholesaling or warehousing.

(Z)

Accessory structures and uses.

(AA)

Signs as stated in the provisions of article X of this appendix.

816.3.

Accessory structures and uses. Those accessory structures and uses determined by the zoning administrator to be customarily appurtenant to those structures and uses identified as permitted in this zoning district.

816.4.

Conditional structures and uses. Upon application to and favorable decision thereon by the city council as, provided in article XIV and article XV of this appendix, the conditional structures and uses specified herein are permitted in this district, provided that their establishment promotes the health, safety, morals and general welfare of the city. Specific conditional structures and uses which may be permitted as so specified are as follows: Sanitary landfills when designed and operated in accordance with the regulations of the Georgia Environmental Protection Division.

816.5.

Development intensity restrictions. The maximum intensity of development in this district is as stated in table VIII-1, subject to specific standards which may be stated elsewhere in this article, in article IX of this appendix or by the city council.

816.6.

Development dimensional requirements. The minimum development dimensional requirements in this district are as shown in table VIII-2, subject to greater minimum requirements which may be stated elsewhere in this article, in article IX of this appendix or by the city council.

817.1.

Purpose. This district provides for the broadest range of industrial operations permitted in the city. It is the district for location of those industries which have not reached a technical stage which renders them free of all nuisance factors. These uses are to be located on either an arterial or major collector street or when located within an industrial park shall have access to such thoroughfares.

817.2.

Permitted structures and uses.

(A)

Any permitted structure and use identified as such in subsection 816.2 under the LI Light Industrial District.

(B)

Brick, tile and terra-cotta manufacturing.

(C)

Cement, lime, gypsum or plaster of Paris manufacturing.

(D)

Concrete, cement products or clay products manufacturing.

(E)

Foundry or forging plants.

(F)

Grain elevators or commercial feed mills.

(G)

Poultry killing, plucking or processing.

(H)

Rock, sand or gravel distribution or storage.

(I)

Reserved.

(J)

Signs as stated in the provisions of article X of this appendix.

(K)

Accessory structures and uses.

817.3.

Accessory structures and uses. Those accessory structures and uses determined by the zoning administrator to be customarily appurtenant to those structures and uses identified as permitted in this zoning district.

817.4.

Conditional structures and uses. Upon application to and favorable decision thereon by the city council as, provided in article XIV and article XV of this appendix, the conditional structures and uses specified herein are permitted in this district, provided that their establishment promotes the health, safety, morals and general welfare of the city. Specific conditional structures and uses which may be permitted as so specified are as follows:

(A)

Airports, heliports and related landing areas.

(B)

Central mixing plants for cement, mortar, plaster and/or housing materials.

(C)

Development of natural resources, including the removal of minerals and natural materials together with necessary buildings and machinery, provided:

(1)

Any extension of quarrying operations beyond the limits actually being quarried at the effective date of the ordinance from which this appendix is derived shall be considered as a new operation and shall be subject to requirements herein.

(2)

Quarry areas being excavated shall be entirely enclosed within a fence located at least ten feet back from the edge of any excavation and of such construction and height as to be demonstrably able to exclude children and livestock.

(3)

At the time of application for use permit, the owners or operators of the quarry shall present to the commissioners comprehensive plans for the reuse of the property at the cessation of the quarry operation.

(D)

Asphalt and concrete batching plants.

(E)

Bone rendering plants.

(F)

Salvage and junk yards, provided any such use is screened from public view by a solid wall, planted screen or similar opaque partition at least six feet in height, and, provided such wall or opaque partition is set back at least 50 feet from all property lines.

(G)

Sanitary landfills when designed and operated in accordance with the regulations of the Georgia Environmental Protection Division.

(H)

Truck terminals.

817.5.

Development intensity restrictions. The maximum intensity of development in this district is as stated in table VIII-1, subject to specific standards which may be stated elsewhere in this article, in article IX of this appendix or by the city council.

817.6.

Development dimensional requirements. The minimum development dimensional requirements in this district are as shown in table VIII-2, subject to greater minimum requirements which may be stated elsewhere in this article, in article IX of this appendix or by the city council.

It is the intent of this district to encourage development of compatible land uses on a scale larger than that of individual small parcels in a comprehensively planned setting. Such developments are to be very sensitive to the interrelationships of use, natural environment, architectural styles, scales of structures, intensities of development, and the larger community setting in which it is situated.

818.1.

General restrictions. The types and locations of permitted structures and uses, accessory structures and uses, development intensity restrictions development dimensional requirements, and other general conditions under which a PUD may be developed or allowed in a PUD district shall be specified in the PUD district plan for the specific PUD as approved by the city council in the rezoning action taken pursuant to article XV of this appendix. The restrictions and requirements specified in this section shall be construed only as the maximum and minimum parameters within which a PUD may occur or be utilized. It is the burden of the applicant for a PUD approval to demonstrate that the features of the proposed PUD are sufficiently interrelated and reasonable as to be consistent with the purpose of this district, the purpose of this appendix and the city's land use and thoroughfare plan.

818.2.

Types of PUD districts allowed.

(A)

Two categories of PUD districts may be allowed as described below:

(1)

Single-character PUD districts which may be of only one of the following types of development:

(a)

Residential;

(b)

Office/institutional;

(c)

Commercial; or

(d)

Industrial.

(2)

Comprehensive PUD districts which shall include at least two of the following types of development:

(a)

Residential;

(b)

Office/institutional;

(c)

Commercial; or

(d)

Industrial.

(B)

The category and character of the PUD district shall be as specified in the PUD district plan as approved by the city council in the rezoning action taken pursuant to article XV of this appendix.

818.3.

Structures and uses allowed.

(A)

Only those structure types and uses specified in the PUD district plan as approved by the city council in the rezoning action taken pursuant to article XV of this appendix are permitted in a PUD district.

(B)

Subject to the limitations on structural types and uses referred to in subsection 818.3(A) of this section, the following structures and uses may be permitted in a PUD district:

(1)

In an approved single-character residential PUD or in an approved comprehensive PUD containing residential development, any structure or use indicated as a permitted structure and use, accessory structure and use or conditional structure and use in A, ER, RS-180, RS-110, RS-110M, RS-65, G-75, RM, RMTH, RMTH-D and/or RMP zoning districts may be permitted.

(2)

In an approved single-character office/institutional PUD or in an approved comprehensive PUD containing office/institutional development, any structure or use indicated as a permitted structure and use, accessory structure and use or conditional structure and use in an office/institutional zoning district may be permitted.

(3)

In an approved single-character commercial PUD or in a comprehensive PUD containing commercial development, any structure or use indicated as a permitted structure and use, accessory structure and use or conditional structure and use in NB, CB, and/or GB zoning districts may be permitted.

(4)

In an approved single-character industrial PUD or in a comprehensive PUD containing industrial development any structure or use indicated as a permitted structure and use, accessory structure and use or conditional structure and use in LI and/or HI zoning districts may be permitted.

818.4.

Development intensity restrictions.

(A)

Only those development intensities specified in the PUD district plan as approved by the city council in the rezoning action taken pursuant to article XV of this appendix are permitted in a PUD district.

(B)

Subject to the limitations on the development intensities referred to in subsection 818.4(A) of this section, the following development intensities may be permitted in a PUD district:

(1)

In an approved single-character residential PUD or in an approved comprehensive PUD containing residential development, the development intensities specified below may be permitted:

(a)

Minimum zoning district size for a single-character residential PUD shall be 50 acres.

(b)

Minimum lot areas shall be as follows:

1.

Single-family detached dwelling areas, 6,000 square feet, provided that areas for lots under 11,250 square feet shall be specifically approved in the PUD plan.

2.

Multiple-family dwellings, including attached fee simple townhouses, at least 2,904 square feet per dwelling unit subject to the restrictions of the approved plan and subsection 818.8 of this section.

3.

Single-family detached townhouse dwelling areas, 3,600 square feet, provided the overall subdivision lot size averages 4,000 square feet and is specifically approved in the PUD plan.

(c)

Maximum ground coverage shall be 25 percent.

(d)

Maximum gross density shall be as follows:

1.

Single-family detached dwelling areas shall not exceed five units per acre, provided that areas for densities exceeding 3.87 units per net acre shall be specifically identified and approved in the approved PUD plan.

2.

Multiple-family developments, including attached single-family fee simple townhouses, shall not exceed 15 units per acre, provided that areas for densities exceeding 11 units per acre shall be specifically identified and approved in the PUD plan and such intense development shall also be subject to subsection 818.8 of this section.

3.

Single-family detached townhouse dwelling areas shall not exceed seven units per acre and shall be specifically identified and approved in the PUD plan.

(2)

In an approved single-character office/institutional PUD or in an approved comprehensive PUD containing office/institutional development, the development intensities specified below may be permitted:

(a)

Minimum contiguous area used for such uses (including associated open spaces, parking areas and driveways) shall be five acres. The minimum zoning district size for a single-character office-institutional PUD shall be ten acres.

(b)

Minimum lot areas shall be 43,560 square feet except for fee simple attached offices which shall have a minimum lot area of 5,000 square feet.

(c)

Maximum ground coverage shall be 50 percent.

(d)

Maximum gross density shall be 85,000 square feet of heated floor area per acre (including associated open spaces, parking areas and driveways).

(3)

In an approved single-character commercial PUD or in an approved comprehensive PUD containing commercial development, the development intensities specified below may be permitted:

(a)

Minimum zoning district for a single-character commercial PUD shall be 20 acres. The minimum contiguous area used for commercial development (including associated open spaces, parking areas and driveways) shall be ten acres in a comprehensive PUD containing commercial development.

(b)

Minimum lot areas shall be five acres except for out-parcels developed as part of a shopping center which shall have a minimum lot area of 10,000 square feet. Said out-parcels must be identified or at least stated as to their number and general locations in the approved PUD district plan.

(c)

Maximum ground coverage shall be 40 percent.

(d)

Maximum gross density shall be 17,500 square feet of heated floor area per acre (including associated open spaces, parking areas and driveways).

(4)

In an approved single-character industrial PUD or in an approved comprehensive PUD containing commercial development, the development intensities specified below may be permitted:

(a)

Minimum zoning district size for a single-character industrial PUD shall be 20 acres. The minimum contiguous area used for industrial development (including associated open areas and driveways) shall be ten acres.

(b)

Minimum lot areas shall be five acres.

(c)

Maximum ground coverage shall be 60 percent.

(d)

Maximum gross density shall be 26,000 square feet of enclosed floor area per acre (including associated open spaces, parking areas and driveways).

818.5.

Development dimensional requirements.

(A)

Only those development dimensions specified in the PUD district plan as approved by the city council in the rezoning action taken pursuant to article XV of this appendix are permitted in a PUD district.

(B)

Subject to the limitations on development dimensions referred to subsection 818.5(A) of this section, the following development dimensions may be permitted in a PUD district:

(1)

Minimum lot width shall be as follows:

(a)

60 feet for lots for single-family detached dwelling units.

(b)

20 feet for lots for single-family attached fee simple townhouses.

(c)

200 feet for multiple-family office/institutional development.

(d)

150 feet for commercial and industrial lots.

(e)

200 feet for lots with a mixture of residential, office/institutional, commercial and industrial development.

(f)

36 feet on lots for single-family detached townhouse dwelling units.

(2)

Minimum front yard depth as measured from the right-of-way line shall be as follows:

(a)

20 feet for single-family dwellings.

(b)

40 feet for multiple-family dwellings.

(c)

40 feet for office/institutional buildings.

(d)

40 feet for commercial buildings.

(e)

50 feet for industrial buildings.

(f)

50 feet for buildings with a mixture of residential, office/institutional, commercial, and/or industrial development.

(3)

Minimum side yard distances shall be as follows:

(a)

Single-family detached dwellings may have a zero side yard but must maintain at least ten feet between buildings.

(b)

Multiple-family dwellings must be spaced at least 20 feet apart and a distance of at least 50 feet from any lot developed for or occupied by a single-family dwelling. Said distance from the single-family dwelling lot shall be based upon the requirement of 50 feet of horizontal spacing for each 12 feet of height of the multiple family structure.

(c)

Office/institutional and commercial structures must have a horizontal distance side yard of at least 75 feet for each 12 feet in height from each property with a residential structure or approved by an act of zoning or subdivision plat approval. Otherwise, a zero side yard may be allowed.

(d)

Industrial structures must have a side yard of at least 50 feet unless adjacent to industrial property. If the property joins a residential property, the distance of the side yard shall be determined based upon 50 feet of horizontal distance from the residential property line for each 12 feet of industrial structure height with a minimum distance of 100 feet.

(e)

Buildings with a mixture of residential, office/institutional, commercial, and/or industrial uses shall have a horizontal side yard distance based upon the same guidance as specified in subsection 818.5(B)(3)(d) of this section.

(4)

Rear yard dimensions shall be determined in the same manner as side yard dimensions as specified in subsection 818.5(B)(3) of this section, except as follows:

(a)

All residential buildings shall maintain a rear yard of at least 30 feet, provided that a 20-foot rear yard shall be permitted subject to approved privacy fencing.

(b)

All non-residential structures shall have a rear yard setback of at least 20 feet.

(5)

Maximum height allowed shall be as follows:

(a)

Single-family detached dwellings: 35 feet.

(b)

Multiple-family structures and fee simple single-family townhouses: 75 feet.

(c)

Office/institutional structures: 125 feet.

(d)

Commercial structures: 50 feet.

(e)

Industrial structures: 75 feet.

(f)

Structures with a mixture of residential, office/institutional, commercial, and/or industrial uses: 125 feet

(6)

Minimum floor area required shall be as follows:

(a)

Single-family dwellings: 1300 square feet.

(b)

Multiple-family dwellings shall vary based upon the following:

1.

Minimum size is 800 square feet.

2.

Two-bedroom dwellings shall have at least 950 square feet.

3.

Each dwelling unit with over two bedrooms shall have at least 200 square feet of additional floor area for each bedroom over two.

818.6.

Preapplication procedures.

(A)

At least 30 calendar days prior to submittal of a rezoning application pursuant to article XV of this appendix, any developer and property owner intending to apply for a PUD zoning district shall submit a formal notice of intent to apply for such zoning. This notice shall be made in writing to the zoning administrator and shall include the following items:

(1)

Name of proposed PUD.

(2)

Name, address and telephone number of the owner, developer and consultants working on, or involved in, the proposed PUD.

(3)

A conceptual site plan showing the general layout of the development, including proposed principal internal through streets and various use areas.

(4)

Proposed number of dwelling units and lots for individual dwellings by type of structure for each use area shown on the conceptual site plan.

(5)

Total acreage in the total tract.

(6)

Vicinity map.

(7)

Description of proposed uses to be allowed in each use area identified on the conceptual site plan.

(8)

A tract boundary map showing the specific boundaries of the property and adjoining public rights-of-way.

(9)

Anticipated date for submitting the rezoning application.

(10)

Rights-of-way, easements in and adjacent to the property, and floodplain boundary.

(B)

The zoning administrator shall review the material submitted and arrange a preapplication meeting with representatives of impacted governmental and utility entities.

(C)

Upon reviewing comments received from the impacted governmental and utility entities, the zoning administrator shall provide the owner and developer of the proposed PUD with a preliminary staff review at least ten days prior to the anticipated date for submission of the rezoning application.

818.7.

Basic requirements.

(A)

A PUD district must have at least 300 feet of frontage on a principal arterial highway as designated in the city's land use and thorough fare plan. Property in said PUD district must have immediate access to a major collector as designated in the city's land use and thoroughfare plan.

(B)

Minimum acreage requirements for a PUD district are as follows:

(1)

For a single-character PUD district, the size shall be as specified in subsection 818.4.

(2)

For a comprehensive PUD district including some residential areas, the size shall be at least 75 acres.

(3)

For a comprehensive PUD district without any residential areas, the size shall be at least 50 acres.

(C)

The acreage requirements in this subsection 818.7[(B)] will be waived for property included in a special development area in the city's land use and thoroughfare plan. Properties in such special development areas shall otherwise be treated as PUD districts when a rezoning is requested.

(D)

Any person intending to apply for a rezoning for more than one acre and owning more than 200 acres contiguous to said property must apply for a PUD district for the entire contiguous acreage and comply with all procedures accordingly.

(E)

Any request for a PUD district will be considered and processed in the same manner as a rezoning application as stated in article XV of this appendix, except that the additional requirements of this section 818 will be adhered to.

(F)

Any application for rezoning for a PUD district must be accompanied by ten copies of the following materials:

(1)

A site plan conforming to article XI of this appendix requirements.

(2)

A written report stating (for each use area shown on the site plan) the following:

(a)

Proposed structural types and uses.

(b)

Development intensity and development dimensional standards to be utilized in developing the property.

(c)

Number of dwelling units by structural type (single-family detached, single-family attached, duplex, etc.) to be built.

(3)

A general description of the proposal.

(4)

Detailed legal description.

(5)

Ownership of adjacent properties.

(6)

Proposed dedication of land for public use, including streets, easements, parks and school sites.

(7)

Plan for the provisions of utilities, including water, sewer and drainage facilities.

(8)

Plans for buffering from adjacent properties.

(9)

Plans for open space, courts, walks and common areas.

(10)

Approximate locations of proposed points of access into existing streets.

818.8.

Miscellaneous provisions.

(A)

No residential development shall have a density of greater than 11 dwelling units per acre unless all of the following requirements are met:

(1)

The structures exceed three stories in height.

(2)

The maximum ground coverage is 20 percent.

(3)

No dwelling units located in structures in such areas have over two bedrooms.

(4)

Not over 75 percent of the dwelling units in such areas have two bedrooms.

(B)

Individual building lots shall not have separate access to any public street in existence prior to the date of approval of the PUD district by the city council. However, this provision may be waived by the city council when taking action to approve the PUD zoning.

(C)

For the purposes of zoning compliance, a PUD district property shall be treated as one lot or parcel.

(D)

The zoning administrator shall be authorized to approve minor changes in the details of the approved PUD district plan, provided:

(1)

The developer can show a hardship requiring such modifications; and

(2)

The zoning administrator determines that the changes so requested do not materially affect the basic design nor negate any special features which were designed to facilitate traffic or preserve neighborhood character.

(E)

Any major changes to and/or within a PUD district plan will be considered and processed in the same manner as a rezoning application as stated in article XV of this appendix, except that the additional requirements of this section 818 must be adhered to.

819.1.

Purpose. Within the City of Lovejoy, there exists land which is subject to periodic flooding and inundation. This district is to provide guidance for development and use of the lands which are periodically flooded and inundated by a 100-year frequency flood.

819.2.

Delineation of boundaries. Delineation of lands included in this district is governed by the 100-year storm frequency flood boundary and elevation data contained in the Federal Insurance Administration flood boundary and floodway maps for the City of Lovejoy, Georgia (identified as Community Panels 130041-0001 through 130041-0009) dated June 15, 1978 (including all revisions thereto and the tabular and graphic data related thereto) and which is made a part of this appendix by reference.

819.3.

Permitted structures and uses. Any use permitted in provisions of the City of Lovejoy Flood Protection Ordinance (chapter 46 of the Code), provided these uses are permitted in the primary district to which this district is appended.

819.4.

Accessory structures and uses. Any accessory use permitted in provisions of the City of Lovejoy Flood Protection Ordinance (chapter 46 of the Code), provided these uses are permitted in the primary district to which this district is appended.

819.5.

Conditional structures and uses. As permitted by the provisions governing the primary district to which this district is appended.

819.6.

Development intensity restrictions. The maximum intensity of development in this district is the same as the primary district.

819.7.

Development dimensional requirements. The minimum development dimensional requirements in this district are the same as the primary district.

819.8.

Miscellaneous provisions. It is the intent of this appendix to encourage owners of floodplain property to reserve floodplain lands for recreational, open space and/or agricultural purposes. All use of lands within this district must conform to the City of Lovejoy Flood Protection Ordinance (chapter 46 of the Code) and related regulations.

820.1. Purpose.

(a)

The ANX Annexation district is intended to achieve the following purposes:

(1)

Accommodate the annexation of properties from Clayton County into the City of Lovejoy;

(2)

Promote consistency between the existing zoning classification and land use of properties to be annexed and the City of Lovejoy's zoning ordinance;

(3)

Ensure that the annexation and subsequent rezoning places no additional burden on Clayton County infrastructure and provided services from the annexation of property into the City of Lovejoy;

(4)

Provide that owners of annexed property have the opportunity to become acquainted with zoning ordinances of the City of Lovejoy; and

(5)

Provide that the City of Lovejoy has ample opportunity to add annexed property to the comprehensive plan.

(b)

The districts. Unless a rezoning is requested by the applicant or the City, upon annexation of new properties into the City of Lovejoy, all properties will be automatically zoned to the ANX district.

820.2. Uses.

(a)

Principal uses. Allowed principal uses are allowed in ANX districts in accordance with uses for which that property was zoned in the previous jurisdiction immediately prior to such annexation.

(b)

Accessory uses. Allowed accessory uses are allowed in ANX districts in accordance with uses for which that property was zoned in the previous jurisdiction immediately prior to such annexation.

(c)

Special administrative permits. Uses allowed by the previous jurisdiction with a special administrative permit from the director of planning are subject to approval through the permit procedures of articles XII, XIII, XIV, and XV of this appendix.

(d)

Special land use permits. Uses previously allowed by the previous jurisdiction with a special land use permit from the board of commissioners are subject to approval through the conditional use procedures of Articles XII, XIII, XIV, and XV of this appendix.

820.3. Lot and building regulations.

(a)

Lot and building regulations for all newly annexed properties shall be in accordance with the dimensional requirements as outlined in the zoning ordinance of the previous jurisdiction.

(Ord. No. 2024-03, § 1, 10-21-2024)

TABLE VIII-1
DEVELOPMENT INTENSITY RESTRICTIONS

Notes:

*See sections 818, 819, 820, 821 and 822.

(a) Measured in square feet, unless indicated otherwise.

(b) In percent coverage by principal building.

(c) Dwelling units or non-residential building lots per acre.

(d) Per dwelling unit, explained in sections 808,809 and 818. Subject to meeting all other requirements/restrictions.

(e) See section 809 for explanation.

(f) See section 818 for explanation.

(g) Lots with less than 22,000 square feet of area must be served by central sanitary sewer.

TABLE VIII-2
DEVELOPMENT DIMENSIONAL REQUIREMENTS

Notes:

*See sections 809, 810, 818, 819, 820, 821 and 822.

**Except as, provided in section 809.7(L), spacing between houses shall be a minimum of 20 feet; provided, however, the setback from the side boundary line may vary from zero to 20 feet.

(a) Measured in feet at the building line.

(b) Measured in feet from the adjoining right-of-way line.

(c) Measured in feet from the side property line(s).

(d) Measured in feet from the rear property line(s).

(e) Measured in feet

(f) Measured in square feet of floor area for each dwelling unit.

(g) This area is measured on one floor. A two story or split level must have at least 1,200 square feet on one floor. N/A means this is not applicable.