901.1.

Purpose. It is recognized that the adjacent location of certain land uses may create an incompatible situation that can be mitigated by the installation of a planted buffer. An incompatible situation can arise due to the location of commercial or industrial uses adjacent to residentially zoned land, or to a lesser extent due to location of mobile home parks or multiple-family residences adjacent to single-family residential districts.

Therefore, when land is to be developed for a use creating an incompatible situation, or when a use deemed incompatible is modified or expanded, a buffer shall be, provided along all side and rear property lines to insulate adjacent properties from adverse impacts. The required buffer shall provide necessary visual privacy for the conduct of residential lifestyles in an undisturbed environment, and shall provide for the protection and preservation of property values in residential districts.

901.2.

Situations requiring buffers. The following situations constitute creation of incompatibilities and are subject to buffer requirements of this appendix:

(1)

The location of commercial or industrial land use directly adjacent to residentially zoned land.

(2)

The location of mobile home parks, duplex developments or multiple-family developments directly adjacent to land zoned for single-family residences.

The city council or zoning administrator may require a buffer between other districts or land uses when it is determined that an incompatible situation exists or may occur as a result of a development activity.

901.3.

General requirements. Buffers shall be established and maintained by the owner of the property containing the incompatible land use. The determination of incompatibility shall be based upon the existing character of the area in which the proposed action takes place. For example, proposed development or modification of commercial or industrial land use adjacent to an area developed as residential shall require the owner of the commercial or industrial property to install and maintain the buffer. If, however, nonresidentially zoned land is rezoned for development of residences and this property is located adjacent to land developed as or zoned for nonresidential use, the owner of the property to be rezoned for residences shall be required to install and maintain the buffer.

The requirements for buffers are as follows:

(1)

Where commercial or industrial land uses are contiguous with land zoned for single-family residential use, the minimum width of the required buffer shall be 50 feet.

(2)

Where commercial or industrial land uses are contiguous with land zoned for mobile home parks, duplexes or multiple-family residences, the minimum width of the required buffer shall be 25 feet.

(3)

Where mobile home parks, duplexes or multiple-family land uses are contiguous with land zoned for single-family residences, the minimum width of the required buffer shall be 50 feet.

(4)

The minimum width of the required buffer for sanitary landfills shall be 100 feet.

(5)

Any new airport shall have a 3,000-foot buffer area around the entire periphery of the airport. This buffer area is to consist of natural vegetation. However, if a portion of this buffer area is void or vacant of adequate vegetation, then this area is to be planted to match the highest natural vegetation in the 3,000-foot area.

In all other instances, the minimum width of a buffer as determined by the city council shall not be less than 25 feet. Vegetation attaining a minimum height in excess of that required herein might be required to mitigate the impacts of certain projects.

The required buffer can be incorporated into the yard setback as specified in the appropriate zoning district.

Where a buffer is required, the zoning administrator or city engineer shall evaluate the existing vegetative and topographic conditions, development and zoning to make a determination as to whether a natural buffer or planted buffer is to be required. If the zoning administrator or city engineer determine that the existing vegetation in the area where the buffer is required is of sufficient height, density and width as to accomplish the aforementioned purpose of the buffer and substantially comply with the buffer specifications stated herein, then the zoning administrator or city engineer may require a natural buffer. However, if the zoning administrator or city engineer determine that the existing or natural vegetation is not sufficient, then a planted buffer (possibly including fence, earth berm or similar such barrier) may be required.

Once the developer/property owner has staked the natural buffer or, in the case of the planted buffer, installed the buffer and the city engineer has approved the buffer, then this buffer is to be considered to be an undisturbed buffer. Minor maintenance or development activity (such as a drainage easement, sewer line connection, etc.) may be authorized by the zoning administrator or city engineer upon request.

No area in which a buffer is required by this appendix shall be disturbed without first obtaining approval from either the zoning administrator or city engineer.

901.4.

Minimum specifications. The following are minimum specifications for required buffers. Buffers shall:

(1)

Be depicted in detail (the type and location of natural and planted vegetation are to be illustrated) on each site plan or plat prior to approval, and shall be designated as a permanent buffer.

(2)

Not be disturbed by grading, property improvements or construction activities except where necessary to prevent a nuisance, or to thin such natural growth, where too dense to permit normal growth, or to remove diseased, misshapen, or dangerous and decayed timbers. Any contemplated disturbance shall first be brought to the attention of the zoning administrator or city engineer and formal approval secured prior to initiating activity within required buffer areas.

(3)

Utilize existing vegetation in an undisturbed state where it has been determined that existing vegetation is appropriate for inclusion within the buffer strip, or when required shall be supplemented with approved, additional planting.

(4)

Retain the natural topography of the land, except when a portion must be cleared and graded as required by the local law to prevent soil erosion or sedimentation.

(5)

Be completely installed in accordance with the approved plan prior to issuance of the certificate of occupancy.

(6)

Not be used for temporary or permanent parking or loading, other than for provision of drainage improvements as mandated by local law, or for a structure other than a fence.

(7)

Attain a minimum height of six feet within three years of the planting date.

(8)

Be subject to plan approval by the zoning administrator or city engineer prior to installation of a planted buffer.

901.5.

Buffer composition. In those instances where the natural vegetation and topography are insufficient to achieve the desired level of screening as determined by the zoning administrator or city engineer, a planted buffer shall be provided and shall consist of plant material of such growth characteristics as will provide an acoustical and visual screen. The following plants are suggested for use as part of the screening buffer:

(1)

Trees.

Yaupon holly (Ilex vomitoria).

American holly (Ilex opaca).

Eastern red cedar (Juniperus virginiana).

Laurel cherry (Prunus caroliniana).

Arizona cypress redbay (Persea bordonia).

Virginia pine.

(2)

Shrubs.

Cleyera (Cleyera japonica).

Euonymus (Euonymus.japonicus).

Japanese privet (Ligustrum japonica).

California privet (Ligustrum).

European privet (Ligustrum vulgare).

Southern wax myrtle (Myrica cerifera).

Northern bayberry (Myrica Pennsylvania).

Pittosporum (Pittosporum tobira).

Japan yew (Podocarpus macro phyuus).

Red tip (Photinia).

(3)

Ground cover.

Shore juniper (Juniperus contorta).

Periwinkle (Vince minor).

Lippia (Lippia nodiflora).

Evergreen candyturf (Iberis sempervirens).

Other evergreen plant materials having the same growth characteristics as the aforementioned may be substituted subject to approval by the zoning administrator or city engineer prior to installation.

901.6.

Maintenance. The buffer required by this appendix shall be guaranteed for the duration of the incompatible land use, or until such use changes to a compatible type. Necessary trimming and maintenance shall be performed to maintain the health of the plant materials, to provide an aesthetically pleasing appearance, and to ensure that the buffer serves the purpose for which it was intended.

901.7.

Exceptions. The zoning administrator and/or the director of transportation and development may grant a reduction in the size of the required buffer by up to 50 percent, provided a barrier of at least eight feet in height is provided in the form of:

(1)

A solid wooden fence; or

(2)

An earthen berm; or

(3)

A combination of a solid wooden fence and earthen berm.

Plans for this barrier must be submitted and approved by the zoning administrator or the director of transportation and development prior to granting of the exception.

In unique situations, the zoning administrator or director of transportation and development may grant further reductions in the size of the required buffer down to zero feet. Examples of such unique situations include, but are not limited to, the following:

(1)

A substantial topographic difference between the adjacent land uses. This difference must be of such magnitude as to make a buffer and/or fence impractical.

(2)

Both properties have substantial frontage along major roadways, the area is changing its development character, and the residential use is unlikely to remain as such for the anticipated life of a buffer (at least ten years).

(3)

The residential use is nonconforming and/or deteriorating.

(4)

The commercial/industrial site is already developed.

The zoning administrator and/or director of transportation and development may establish such conditions for granting approval of the buffer reduction as the situation warrants to achieve the intent of this appendix.

At least seven days before such a decision shall be made, the subject property shall have a sign posted thereupon inviting comments on the proposal.

Certain uses such as junk or salvage yard operations and other commercial and industrial operations requiring the storage of inoperative equipment or vehicles for prolonged periods of time could present unsightly views or health hazards. To preclude this from occurring, the zoning administrator shall require owners of such properties to completely enclose such operations by a fence which completely obscures views of the property from adjacent sidewalks and streets, built to a height greater than that of the height of the highest piece of equipment or vehicle stored on the property, provided that no fence shall be less than eight feet nor more than 20 feet in height when measured from the crown of the adjacent streets. Such fences shall be constructed of solid materials. Construction of cyclone fencing which utilizes metal inserts as screening shall be prohibited. Fencing along street frontages shall be located not closer than 90 feet from the centerline of the adjacent street. Uses existing at the date of adoption of this appendix shall have six months to come into compliance.

Many operations which involve the stacking of inoperative or obsolete equipment or vehicles pose a direct health hazard to the public. The city council shall require all such operations to submit to annual inspection by the Clayton County Board of Health. The results of such inspections shall be delivered to the city council for review. If a business fails to pass such inspection, it shall have 30 days to comply or it shall cease operations until such time that compliance is effected.

Mobile home parks shall comply with the following requirements:

(1)

A site plan shall be submitted to and approved by the zoning administrator prior to development or expansion as, provided in articles XI and XII of this appendix. No mobile homes shall be placed in the new area of an existing park or a new park until the final site plan is approved by the zoning administrator.

(2)

The minimum space limits and setback requirements shall be as set forth in section 811 of this appendix.

(3)

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

(4)

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

(5)

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

(6)

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

(7)

All streets and driveways shall be properly designed and shall have a minimum pavement width of 24 feet as approved by the city engineer.

(8)

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

(9)

The following conditions regarding sanitation shall be complied with:

(a)

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

(b)

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

1.

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

2.

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

(c)

No mobile home park shall be served by a privy.

(d)

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

(10)

Each mobile home in a mobile home park shall be, provided with safety tie-downs in conformance with the City of Lovejoy building code requirements.

(11)

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

(12)

Planted buffers shall be required per the provisions of section 901. Buffers shall be installed as follows: Mobile home parks shall be surrounded by planted buffers at least 25 feet in depth on the sides and rear; provided, however, that no side and rear buffer is required between adjacent mobile home developments.

(13)

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

(14)

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

(15)

Each mobile home space shall have the following:

(a)

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

(b)

A wooden deck built to the City of Lovejoy specifications and having a surface area of at least 320 square feet; or

(c)

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

No travel trailer/motor coach (RV) camper park may hereafter be developed or expanded until the site plan thereof has the approval of the zoning administrator, which approval shall be given, provided the plans as submitted meet the following requirements:

(1)

No such park shall be located except with direct access to a city street, county, state or federal highway and having a minimum of 300 feet of frontage thereon to permit adequate design of entrances and exits. No entrance or exit shall be through a residential district or shall require movement of traffic from the park through a residential district.

(2)

The minimum area for such park shall be ten acres, and maximum density of such park shall be eight units per gross acre.

(3)

Condition of soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed to objectionable smoke, noise, odors or other adverse influences, and no portion subject to unpredictable and/or sudden flooding, subsidence or erosion shall be used for any purpose which would expose persons or property to hazards.

(4)

Spaces in such parks maybe used by motor coaches, travel trailers, equivalent facilities constructed in or on automotive vehicles, tents or other short-term housing or shelter arrangements or devices.

(5)

Management headquarters, recreational facilities, showers, coin-operated laundry facilities, and other uses and structures customarily incidental to operation of a recreational vehicle park are permitted as an accessory use in any district in which recreational vehicle parks are allowed, provided:

(a)

Such establishments and the parking areas primarily related to their operations shall not occupy more than ten percent of the area of the park.

(b)

Such establishments shall be restricted in their use to occupants of the park.

(c)

Such establishments shall present no visible evidence of their commercial character which would attract customers other than occupants of the park.

(6)

In addition to yard requirements, the following limitations shall apply with respect to such parks. No space shall be so located that any part intended for occupancy for sleeping purposes shall be within 50 feet of the right-of-way line of any city street or county or state or federal highway.

(7)

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

(8)

All spaces within such parks or parks designed for short-term occupancy of less than 30 days shall be large enough to meet the minimum requirements pertaining to design, buffering, yard space, setback and open areas for the size and type of unit the space is designed to accommodate.

(9)

The property to be used for such park is zoned to a classification which permits such use.

905.1.

Purpose. It is the intent of this appendix that all buildings, structures and uses of land shall provide off-street parking and loading space in an amount sufficient to meet the needs caused by the building or use of land and that such parking and loading spaces be so oriented that they are in fact readily usable for such purposes. Persons with disabilities parking needs shall be met in accordance with standards contained in O.C.G.A. §§ 30-3-1—30-3-4.1 and 40-6-221—40-6-226.

905.2.

General requirements. Each use of land and each building or structure hereafter constructed or established, and each addition to a structure, shall provide off-street parking and loading according to the standards set forth herein. When an addition is made to a building on land containing less than the required parking or loading requirements, a conforming amount of parking or loading shall be supplied based upon the size of the addition.

No addition to an existing building shall be constructed which reduces the number of spaces, area or usability of existing parking or loading space unless such building and its addition conform with the regulations for parking and loading contained herein.

Parking spaces for persons with disabilities shall be required. Existing uses providing off-street parking undergoing renovation and new uses providing off-street parking shall incorporate spaces for persons with disabilities into the design of parking facilities.

905.3.

Minimum off-street parking and loading requirements.

(A)

The minimum number of off-street parking spaces and loading stalls required by type of permitted use is depicted in table IX-1. For any use not listed on table IX-1, the zoning administrator shall determine the proper requirement by classifying the proposed use among the uses specified in table IX-1, so as to ensure equal treatment. In making any such determination, the zoning administrator shall follow the principles set forth in the statement of purpose at the beginning of this section.

(B)

When multiple uses occupy a building, the parking and loading requirement shall be met by determining the percentage of the total building area devoted to each type of use and then applying the appropriate requirements by use.

(C)

Parking spaces for persons with disabilities shall be, provided in accordance with table IX-2.

905.4.

Exception to parking and loading requirements. The zoning administrator may grant a special exception to the requirements specified in subsection 905.3(A) (table IX-1) up to ten spaces per project and no more than ten percent of the minimum requirement. However, this exception shall not reduce requirements specified under subsection 905.3(C) (table IX-2). The city council may waive or vary parking requirements for persons with disabilities specified herein upon making a determination that a unique hardship exists.

905.5.

Design standards.

(A)

The following design standards shall be used to achieve compliance with parking provisions of this appendix. These requirements are summarized in table IX-3.

(1)

Each full-size automobile parking space shall not be less than nine feet wide and 20 feet deep. Parallel spaces for persons with disabilities adjacent to a walk shall be a minimum of 12 feet, six inches in width by 24 feet in length. If a walk is at an elevation different from that of the parking space, a 1:6-sloped ramp shall be, provided to the walk. For 90-degree or angled spaces the minimum width of a persons with disabilities stall shall be nine feet. An aisle, having a width of not less than three feet, six inches, shall be, provided between each stall.

(2)

Spaces for persons with disabilities shall be marked on the pavement and by appropriate signage, both markings to use the universally accepted persons with disabilities symbol. Spaces for persons with disabilities shall be located in closest proximity to major building entrances, but in no event shall such spaces be more than 100 feet from an entrance.

(3)

Adequate interior driveways shall connect each parking space with a public right-of-way. Where 90-degree parking is utilized, all interior driveways shall be a minimum of 24 feet in width. If 60-degree angle parking is used, then interior driveways shall be at least 12 feet in width for one-way traffic and 24 feet in width for two-way traffic. In the instance where parallel parking is utilized or there is no parking, interior driveways shall be a minimum of 12 feet in width for one-way traffic and 24 feet in width for two-way traffic.

(4)

All multiple-family, commercial and industrial uses shall provide a paved surface. The use of approved "porous pavement" is encouraged, provided such paving is approved for use by the city engineer. If these facilities are to be used at night, proper illumination shall be, provided for the safety of pedestrians, vehicles and for security purposes. Lighting shall be designed so as not to reflect onto or cause glare in any adjacent residential district. Driveways serving single-family and duplex residences shall be paved for the entire width of the public right-of-way.

(B)

The following are the design requirements for off-street loading stalls:

(1)

Each loading stall shall be a minimum often feet in width and 30 feet in length with 14 feet of overhead clearance, except that for wholesale and industrial uses loading stalls shall be a minimum often feet wide and 50 feet in length.

(2)

All off-street loading stalls shall have access from a public street.

(3)

All off-street loading stalls and access shall be, provided with a paved surface. If loading stalls are to be used at night, they shall be properly illuminated for the safety of pedestrians, vehicles and for security. Lighting shall be designed to preclude light spill onto adjacent properties.

(4)

Loading stalls are not to hinder movement of pedestrians or vehicles over a street, sidewalk or alley, or to and from an off-street parking area.

(5)

All off-street loading stalls shall be located so as not to be visible from the public right-of-way on which the building is located. Further, a fence and/or dense vegetation (as specified by the zoning administrator) shall be installed to screen the loading stalls from view of residents of adjoining residential development. Any person adversely affected by this requirement may appeal to and be granted relief by the city council.

Before a building permit shall be issued for any residential structure to be located more than 200 feet from the pavement of the road, and which is to sit upon a lot that has 75 feet or less of frontage along said road, the applicant thereof shall submit an affidavit of acknowledgment on a form to be provided by the zoning administrator.

Said affidavit shall acknowledge that the applicant, its heirs and assigns shall retain sole responsibility to see that a suitable right-of-way is maintained from the street to the structure so as to enable emergency vehicles to safely reach such structure.

This affidavit shall be filed in the real estate records of the superior court under the name of the then-current owner of such lot.

No residential structure shall be constructed less than ten feet in distance from another residential structure unless and until the building inspector determines that the structures involved are to be constructed in a manner and with materials which will ensure that the structures will be in compliance with the fire rating standards for the proposed spacing. Said structures shall be so constructed in accordance with the plans and conditions approved by the building inspector. In no event shall the building inspector approve construction of, nor shall any person construct, a building which does not meet the spacing requirements of this appendix unless and until a variance has been approved to allow such spacing pursuant to article XIII of this appendix.

In any existing subdivision whereby 50 percent or more of the approved lots are built out and have had no permitted development or building activity for a period of more than 24 months following the approval of the final plat, construction of dwelling structures on the remaining lots must be at least of minimal comparable architectural and component quality to those existing structures. Comparability standards may include but are not limited to size of the structure, roof material and design, exterior siding materials, foundation, garage/carport capacities, and general aesthetic appearance.

TABLE IX-1
MINIMUM PARKING AND LOADING SPACES REQUIRED

TABLE IX-2
SPACES FOR PERSONS WITH DISABILITIES REQUIRED

*Per table IX-1

TABLE IX-3
SUMMARY OF PARKING DESIGN REQUIREMENTS

*(a) In addition to any other requirement under this chapter, all parking lots for more than 40 vehicles receiving permits for construction shall include at least one parking space for persons with disabilities accessible to a passenger van having an overall height not exceeding 108 inches, with additional side loading mechanism clearance at 60 inches; and each such parking space shall be at a grade not exceeding two percent and shall not require the use of an unattended fare gate mechanism which blocks access to or exit from such space unless gate-opening mechanisms are, provided at a height accessible to a van driver.

(b) Compliance with this section may be waived by the city council as, provided in subsection 905.4 of this appendix.