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Morrow City Zoning Code

ARTICLE VIII

APPLICATION OF DISTRICT REGULATIONS

The regulations set by this ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.

(Ord. No. 2005-02, § III, 4-12-05)


Section 801 - Applicability to land, buildings and open space.

No building, structure, land or open space shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.

(Ord. No. 2005-02, § III, 4-12-05)

Section 802 - Height and density.

No building or other structure shall hereafter be erected or altered to exceed the height or bulk limits of this ordinance; to accommodate or house a greater number of families; to occupy a greater percentage of lot area; or to have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required; or be in any other manner contrary to the provisions of this ordinance.

(Ord. No. 2005-02, § III, 4-12-05)

Section 803 - Yard and other spaces.

No part of a yard or other open space or off-street parking or loading spaces required about any one building shall be included as part of the yard or off-street parking or loading spaces required for another building, except as specifically provided for herein.

(Ord. No. 2005-02, § III, 4-12-05)

Section 804 - One principal residential building on a lot.

Except for planned center developments, only one principal residential building and its accessory building may hereafter be erected on any one lot.

(Ord. No. 2005-02, § III, 4-12-05)

Section 805 - Minimum lot sizes for residences using septic tank systems.

No single-family residence shall be permitted on a lot of less than 25,000 square feet in a new subdivision which is to be served by septic tanks, regardless of the zoning district classification. With respect to existing platted lots, the Clayton County Board of Health will evaluate each individual request for a permit on a case-by-case basis. This restriction on lot size does not apply to residential development served by community sewer systems.

(Ord. No. 2005-02, § III, 4-12-05)

Section 806 - Street frontage requirement.

No building or structure shall hereafter be erected on a lot that does not abut for at least a distance of 25 feet upon an open street which shall be either a public street, a publicly approved street or a publicly maintained street.

(Ord. No. 2005-02, § III, 4-12-05)

Section 807 - Classification of streets.

For purposes of this ordinance, all of the streets, roads and highways in the City of Morrow are classified as state highways, arterial thoroughfares (major streets), collector streets or local streets on the land use and thoroughfare plan.

(Ord. No. 2005-02, § III, 4-12-05)

Section 808 - Keeping and raising of livestock.

The keeping and raising of all farm animals and fowl and use of private stables shall be limited to property located within a single-family residence district having a minimum lot area of three acres. Any structure, pen, corral, or other building appurtenant to the keeping and raising of livestock must be located a minimum of 60 feet from any property line. The keeping and raising of all farm animals and fowl shall be subject to all regulations promulgated by the Clayton County Health Department.

(Ord. No. 2005-02, § III, 4-12-05)

Section 809 - Extended stay hotels and extended stay motels.

Extended stay hotels and extended stay motels are prohibited in all zoning districts. No existing hotel or motel shall convert to an extended stay hotel or an extended stay motel.

(Ord. No. 2017-04, § 3, 4-11-17)

Section 810 - Merchandise for show or sale.

Offerings of merchandise for show or sale; for advertising or promoting a product or for any other purpose whether or not for profit from any location other than inside a place of business is not permitted and shall not be considered under the provisions provided for under variances. Gasoline stations are covered under other provisions of the Code as pertains to lubricants, kerosene and other related items sold thereat.

This section includes but is not limited to such sale items as Christmas trees, soft drinks, pumpkins, cakes, candies, B-B-Q's and others and sales thereof from, in or on parking lots, sidewalks and/or porches, lawns, driveways or garages and must be approved by the city manager prior to the commencing of sales of any type.

(Ord. No. 94-07, § 1(C), 6-21-94; Ord. No. 2005-02, § III, 4-12-05)

Section 811 - Restrictions.

1.

It shall hereafter be unlawful for any person, corporation or company or any combination thereof to establish a mixed use retail establishment without specific approval of mayor and council where the nature of the merchandise to be sold presents imminently hazardous conditions which could develop into a danger to occupants, customers, adjacent property owners or tenants and/or the general public.

2.

Such uses and/or combination thereof shall include but not be limited to: service stations, used or new car sales, or leasing convenience stores; gasoline sales only in combination with vehicular sales or leasing, or gasoline sales in combination with storage of vehicles for any purpose whatsoever except as may be permitted by mayor and council.

(Ord. No. 89-11, § 1, 7-25-89; Ord. No. 2005-02, § III, 4-12-05)

Section 812 - Parking spaces.

1.

Parking spaces for vehicles at all businesses shall be as stated in the zoning ordinance of the City of Morrow and shall additionally provide ample turnaround areas, fire apparatus ingress and egress capability to include fire lanes where appropriate and as directed and general overall reduction of congestion of the area for convenience of the public, the owner/operator and the city.

2.

Under no circumstances shall there ever be stored at any retail establishment which sells petroleum products or automobile or internal combustion engine vehicle parts or supplies any vehicles for sale, lease, rent or for hire at anytime.

Ord. No. 89-11, § 2, 7-25-89; Ord. No. 2005-02, § III, 4-12-05)

Section 813 - Redevelopment, maintenance, and revitalization.

1.

A.

Whenever any major remodeling, exterior renovations, additions or new construction occurs on parcels of commercial, retail, office and institutional, mixed use, CUPD, and industrial property, the property shall be required to update to the current ordinances concerning tree and vegetation protection, landscaping, lighting, sidewalk, acceleration and deceleration lanes, and sign codes. This shall include but not be limited to the paving and restriping of parking lots, underground utilities, and the exclusion of certain types of exterior building materials. The perimeter of all parking lots must have 24-inch high-back curb and gutter.

Furthermore, pedestrian lighting is required to be installed to further upgrade and revitalize all areas of the city when a change of ownership, lessee or lessor occurs. The pedestrian lighting must be approved by the city based on development guidelines maintained in the public works department.

B.

All commercial, retail, office and institutional, mixed use, CUPD, and industrial property shall be required to update to the current ordinances concerning tree and vegetation protection, landscaping, lighting, sidewalk, acceleration and deceleration lanes, and sign codes when, at any time after the initial construction, there is a 60 percent change in tenants or more than 50 percent of the retail space changes at any one time.

This shall include but not be limited to the paving and restriping of parking lots, underground utilities, and the exclusion of certain types of exterior building materials. The perimeter of all parking lots must have 24-inch high-back curb and gutter.

Furthermore, pedestrian lighting is required to be installed to further upgrade and revitalize all areas of the city when these changes occur. The pedestrian lighting must be approved by the city based on development guidelines maintained in the public works department.

C.

Certificates of completion.

1.

Two certificates of completion (shell certificate and tenancy certificate) shall be issued simultaneously for the initial construction of buildings on commercial, retail, office and institutional, mixed use, CUPD, and industrial property.

The first certificate, the shell certificate, shall remain in effect until there are any changes in the character of the building, square footage of the building, or if the structure is modified, altered, or damaged. The above conditions are contingent upon the structure not having any violations of the provisions of the building code or other laws that are enforced for public safety. The shell certificate shall run the life of the building.

A shell certificate must be obtained before the city will issue an occupation tax certificate, sign permits, promotional permits, or establish garbage service.

2.

The second certificate, the tenancy certificate, shall remain in effect until the tenancy changes. In the case of individual tenants in buildings located on commercial, retail, office and institutional, mixed use, CUPD, and industrial property, the tenancy certificate expires when a tenant moves out of an individual space. Each new tenant must obtain a tenancy certificate before the city will issue an occupation tax certificate, sign permits, promotional permits, or establish garbage service.

3.

Whenever any remodeling, renovations, additions or new construction occurs on parcels of commercial, retail, office and institutional, mixed use, CUPD, and industrial property, the above certificates of completion and their accompanying provisions must be met before the city will issue an occupation tax certificate, sign permits, promotional permits, or establish garbage service.

4.

The certificates of completion will be issued based on compliance with Title 8 Planning and Zoning, Chapter 2 Building Requirements and Code Enforcement, Article A Constructions Standards, Section 8-2-1 State Minimum Standard Codes (b), with Georgia amendments, or any subsequent edition of the same as adopted by the city council.

D.

The requirements for updating of properties on parcels of commercial, retail, office and institutional, mixed-use, CUPD, and industrial property do not include parcels currently developed for single-family residential purposes and containing no more than one acre of property.

(Ord. No. 99-01, § 3, 1-12-99; Ord. No. 2000-11, § 1, 6-27-00; Ord. No. 2000-15, § 1, 11-28-00; Ord. No. 2003-07, § 2, 7-22-03; Ord. No. 2005-02, § III, 4-12-05; Ord. No. 2009-06, §§ 8, 9, 5-26-09)

Section 814 - Public or private bus systems and stops.

A.

Public or private bus systems intended for the transportation of nonschool related individuals are prohibited from stopping to pick up passengers on any thoroughfare in the City of Morrow outside of the designated stops that have been approved by the city. All intra subdivision travel and stopping is prohibited.

B.

All bus stops must be approved by the mayor and council.

C.

Each approved bus stop must have a 12-foot by 50-foot pull over lane, and the bus must pull completely off the roadway and into the lane before picking up or dropping off its passengers. Each stop must also have a bus shelter with a bench that seats four adults with over head lighting. The design of the shelter, and light poles shall be landscaped and architecturally approved per the direction of the public works director and the city manager.

D.

Temporary staffing offices, labor halls, private and non profit employment companies, and individuals shall be prohibited from offering a transport service, taxi service, bus service, courtesy drop off/pick up service or any other type of non-personal use transportation without a Morrow taxi license and obtaining the proper taxi zoning and conditional use permits from the City of Morrow. Tourism hotels and motels that pay a six percent, or other rate as determined by state law and the city, tourism tax on 100 percent of their room revenue are exempt from the license requirement. Extended stay hotels do not qualify as tourism hotels.

E.

City council defined and approved entertainment districts or city council approved family oriented entertainment businesses that own or lease more than 30,000 square feet of entertainment space in the City of Morrow may operate a courtesy limousine service specifically for their guests if they have a City of Morrow alcohol pouring license. Drop off, pick up, and over night parking of the vehicles shall be coordinated with the city manager.

(Ord. No. 99-01, § 3, 1-12-99; Ord. No. 2005-02, § III, 4-12-05; Ord. No. 2015-03, § 1, 3-16-15; Ord. No. 2020-11, § 1, 10-13-20)

Section 815 - Property maintenance.

A.

Open or outdoor storage. The open or outdoor storage of appliances, building materials, equipment, garbage, goods, glass, materials, merchandise, rubbish, trash or similar items shall not be permitted, maintained or stored on any premises for more than 24 hours.

Exceptions:

1.

Property where outdoor storage is authorized by the zoning ordinance;

2.

Cut fire wood not to exceed two cords on individual property, for the personal use of the owner or occupant and maintained as follows:

(1)

Neatly stacked 12 inches above ground level in narrow rows;

(2)

Kept free of high grass or weed growth;

(3)

Kept free of rodents and such.

3.

Residentially zoned property five acres or greater in size.

B.

Trees.

1.

Hazardous trees. Dead, dying, damaged or diseased trees shall not be allowed to exist or to be maintained on any premises which are hazardous to adjacent property or to persons on adjacent property. A finding by the public works director or a registered forester or certified arborist shall constitute prima-facie evidence that a tree is in danger of falling upon adjacent lots or public streets due to the death or impending death of the tree, or due to damage by weather conditions or due to disease infestation.

2.

Tree stumps. Tree stumps shall not be permitted or maintained on any premises for more than 15 days after the tree has been cut, unless prior arrangements are made by the public works director or his designee.

Exceptions:

1.

Property covered by a valid land disturbing permit;

2.

Property one acre or greater in size; and

3.

Property zoned agricultural.

3.

Tree debris. Felled trees, slash, removed tree limbs, or other portions of any tree shall not be permitted or maintained on the ground on any premises for more than 15 days, unless prior arrangements are made by the public works director or his designee.

Exceptions:

1.

Property covered by a valid land disturbing permit;

2.

Cut fire wood not to exceed two cords on individual property, for the personal use of the owner or occupant and maintained as follows:

(1)

Neatly stacked 12 inches above ground level in narrow rows;

(2)

Kept free of high grass or weed growth;

(3)

Kept free of rodents and such.

3.

Property one acre or greater in size; and

4.

Property zoned agricultural.

C.

Swimming pools. Stagnant water in swimming pools conducive to the breeding or harboring of mosquitoes or other insects shall not be permitted or maintained on any premises. A finding by a health official of the Clayton County Environmental Health Department shall constitute prima-facie evidence that stagnant water in a swimming pool is conducive to the breeding or harboring of mosquitoes or other insects.

D.

Vehicle repairs. Vehicle repairs in all residential areas may only be done on vehicles belonging to that home and must be done inside an enclosed garage. In the case of an emergency, the city manager, police chief, or their designee may grant an exception for a limited time.

(Ord. No. 2005-02, § III, 4-12-05)

Section 816 - Building maintenance.

A.

Exterior surface treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches and trim shall be maintained in good repair. Exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking, and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints shall be maintained weather resistant and watertight.

B.

Exterior walls. Exterior walls of buildings shall be maintained free from holes, breaks, loose, or rotting materials, and shall be maintained weatherproof and properly surface coated as needed to prevent deterioration.

C.

Roofs. Roofs of buildings shall be maintained so that they are structurally sound and in a safe condition and have no defects which might admit rain or cause dampness in the interior portions of a building. All portions, additions or sections of a roof including, but not limited to, the fascia, eave, soffit, sheathing, rafter tail, barge rafter, vent screening, gutter, downspout, roof jack, lead or metal flashing, shall be complete with all trim strips, moldings, brackets, braces and supports attached or fastened in accordance with common building practices.

D.

Exterior stairways, decks, porches and balconies. Exterior stairways, decks, porches, and balconies, and all appurtenances attached thereto, of buildings shall be maintained so that they are structurally sound, in good repair, with proper anchorage, and capable of supporting the imposed loads.

E.

Windows. Windows of buildings shall be fully supplied and maintained with glass window panes or with a substitute approved by the building inspector, which are without open cracks or holes. Screens, if provided, shall be securely fastened to the window.

F.

Exterior doors and frames. Exterior doors of buildings shall be maintained so that they fit reasonably well within their frames so as to substantially prevent rain and wind from entering a building. Exterior door jambs, stops, headers and moldings shall be securely attached to the structure and maintained in good condition without splitting or deterioration. Additionally, exterior doors shall be provided with proper hardware and maintained in proper working condition.

G.

Decorative features. Cornices, belt courses, corbels, terra cotta trim, wall facings, and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.

(Ord. No. 99-01, § 3, 1-12-99; Ord. No. 2005-02, § III, 4-12-05)