GENERAL PROVISIONS
A.
Accessory structures shall be permitted only in rear yards, except as otherwise provided in this Resolution. In an R (residence) district, accessory uses customarily located within front or side yards of residences may include but shall not be limited to the following: walls and fences as permitted in Section 700, mailboxes, driveways, walkways, lamp posts, landscaping, vegetable gardens provided they do not exceed 30 percent of the front yard, signs meeting the standards of the City Sign Ordinance and basketball goals adjacent to driveways. No accessory uses or structures, except driveways, mailboxes or landscaping shall be located within a public right-of-way.
B.
Accessory uses customarily located within rear yards of residences may include but shall not be limited to the following: storage buildings, patios, swimming pools, dog runs, dog pens and houses, detached garages, tennis courts, playground equipment, fences and walls as permitted in Section 700. Any accessory use or structure, except walls, fences, driveways and landscaping, shall comply with the following:
1.
Properties on which the primary structure is one story shall be permitted an accessory structure in accordance with the following:
a.
The accessory structure shall not exceed 50% of the habitable square footage of the primary structure or 800 square feet, whichever is less.
b.
The accessory structure shall not exceed one story and/or 16 feet in height, whichever is less.
c.
The accessory structure shall be set back at least five feet from any property line, except as otherwise provided within the R-TH and R-ZT zoning districts, and except for permitted encroachments as authorized in Section 705.
2.
Properties on which the primary structure is two or more stories shall be permitted an accessory structure in accordance with the following:
a.
The accessory structure ground floor area shall not exceed 50% of the habitable square footage of the primary structure or 800 square feet, whichever is less.
b.
The accessory structure shall not exceed two stories and/or 30 feet in height, whichever is less.
c.
One-story accessory structures, not exceeding 16 feet in height, shall be set back at least five feet from any property line, except as otherwise provided within the R-TH and R-ZT zoning districts, and except for permitted encroachments as authorized in Section 705.
d.
Two-story accessory structures shall be set back at least fifteen (15) feet from any property line, except as otherwise provided within the R-TH and R-ZT zoning districts, and except for permitted encroachments as authorized in Section 705.
C.
No accessory structure shall be erected on a lot prior to the time of construction of the principal building to which it is accessory a) on the same lot, or b) on an adjoining lot in joint or common ownership.
D.
The recreational components of a single-family property, (including, but not limited to, swimming pools, tennis courts, and gazebos), shall not be rented, sublet, or used separately from the single-family dwelling to which the recreational components are associated, even if they are situated on a separately platted lot.
(Ord. No. 2016-02-69, Exh. A, 2-28-2016; Ord. No. 2017-10-100, § 1, 11-20-2017; Ord. No. 2021-07-206, § 2, 8-24-2021)
(a)
Out-of-store marketing devices shall be allowed in nonresidential zoning districts.
(b)
The marketing device shall not exceed ten feet in height or width and shall not be illuminated except for illumination intrinsic to the device.
(c)
A maximum of two out-of-store marketing devices that are visible from the street shall be allowed.
(d)
Out-of-store marketing devices shall be located adjacent to the primary building on the property unless an alternate location is approved by the Community Development Director.
(e)
Signage on Out-of-store marketing devices shall be limited to one sign located directly on the front of the device that is no greater in area than one (1) foot high × the length of the device.
(Ord. No. 2016-11-82, § 1, 12-20-2016)
In all Zoning Districts, no fence, wall, structure, shrubbery, or other obstruction to vision between the heights of three (3) feet and fifteen (15) feet, except utility poles, light or street sign standards or tree trunks shall be permitted within twenty (20) feet of the intersection of the right-of-way lines of streets, roads, highways or railroads.
(Ord. No. 2016-02-69, Exh. A, 2-28-2016)
For all business and industrial developments fronting on a State Highway, no building permit shall be issued until the approval of the Georgia Department of Transportation has been obtained by the applicant on entrances and exits, curb radii, drainage and other matters that are the appropriate concern of the City of Peachtree Corners Department of Planning and Development and Georgia Department of Transportation.
(Ord. No. 2016-02-69, Exh. A, 2-28-2016)
All City approvals that are required for the use of the land and structures and for the location and operation of businesses and industries shall be obtained by the applicant and transmitted by him/her with his/her request for a development permit, building permit, or an occupancy certificate.
(Ord. No. 2016-02-69, Exh. A, 2-28-2016)
_____
All dwelling units shall have a minimum heated finished living area, excluding a basement, attic, carport, or garage, as follows:
(Ord. No. 2016-02-69, Exh. A, 2-28-2016)
_____
When developing under any Zoning Classification the requirements of Article XIV, Sections 1400 and 1401, must be met.
In all districts, except Single-Family Resident (R-LL, R-100, R-75, R-60 and R-ZT Detached) and Agriculture-Residence (RA-200) districts, the height requirements of Article XIV, Section 1401 must be met unless the applicant is granted a Special Use Permit by the City of Peachtree Corners City Council after receiving recommendations from the Director of Planning and Development and the Planning Commission and after a Public Hearing.
In all Single-Family Residence and Agriculture-Residence districts, the height requirements of Article XIV, Section 1401 must be met unless the applicant is granted a Variance by the Zoning Board of Appeals, after a public hearing.
An increase in height of ten (10) feet or less for any structure other than a sign or fence may be requested under the provisions of Article XVI, Section 1610 as an Administrative Variance, however, when no increase is involved in the number of stories which would otherwise be permitted under the applicable zoning district.
(Ord. No. 2016-02-69, Exh. A, 2-28-2016)
Sec. 606.1 A buffer shall be required for the following:
1.
All property zoned for commercial, neighborhood shopping, office-institutional, office business parks or industrial uses shall have a buffer along any rear and side property lines abutting a residential district.
2.
All property zoned for R-TH, RMD, R-ZT and all RM uses shall have a buffer along any rear and side property lines abutting a lower density residential use.
3.
All property zoned for manufactured homes shall have a buffer along any rear and side property lines abutting any other residential district.
Sec. 606.2 All buffer areas and screening shall be established in accordance with the following requirements:
1.
Buffers shall be established and maintained along required property lot lines in accordance with the landscaping policies and standards of the Buffer, Landscape and Tree Ordinance and any additional specifications that may be established by the Planning and Development Department and approved by the City Council. In the event the buffer includes a utility or pipeline easement, a minimum buffer of no less than 20 feet in width will be required outside the easement. In no case will the buffer be less than 20 feet except as may be permitted in Section 606.4.
2.
Buffers shall meet the minimum width requirements for dissimilar districts as shown in the "Minimum Buffer Strip Requirements" table (Section 606.7).
3.
Screening shall be established within any buffer along the entire length of the side and rear lot lines. However, this screening requirement may be adjusted in order to observe the sight distance required in the Development Regulations or as a condition of zoning, special use, or variance approval or as approved by the Director.
4.
Screening shall be required where a non-residential use abuts a public street across from a residential district. However, this screening requirement may be adjusted in order to observe the sight distance required in the Development Regulations or as a condition of zoning, special use, or variance approval or as approved by the Director of Planning and Development.
Sec. 606.3 Screening and/or buffers shall be required for purposes of obscuring features such as dumpsters, rear entrances, utility and maintenance structures, and loading facilities.
Sec. 606.4 The width of buffers as required in Section 606.8 may be reduced by no more than 50 percent, as appropriate, by the Director of Planning and Development, if and only if:
1.
It is clearly demonstrated that existing topography and/or vegetation within the reduced area achieve the purpose and intent of this Article; or
2.
It is clearly demonstrated that for topographic reasons, a fence, wall and/or other screening device required herein could not possibly screen activities conducted on ground-level from view from the normal-level of a first (1st) story window on any lot in a residential district abutting the use.
Sec. 606.5 All buffer shall be designated on the appropriate permit application(s) and indicated on the required site plan or final subdivision plat.
Sec. 606.6 Structures, including driveways, parking facilities, or retaining walls will be located a minimum of five (5) feet from any buffer.
_____
MINIMUM BUFFER REQUIREMENTS ABUTTING DISTRICT(S)
For buffer width other than standard height structures the board of commissioners may increase the minimum buffer required as a condition for allowing additional height of development. The [mayor and city council] may also establish or increase the minimum buffer as a condition of rezoning or as a condition to a special use permit.
Modifications in buffer width may be granted by the City Council after receiving recommendations from the community development director and planning commission and after a public hearing.
See section 606.6 - No structure shall be located less than five feet from any buffer.
** Buffers in M-1 zoning shall increase from 50 to 75 feet when located adjacent to truck docks or outdoor storage areas. However, any development with an approved development plan, final plat or concept plan on file with the department of planning and development prior to June 1, 2001, which depicts a different buffer width shall be considered grandfathered.
(Ord. No. 2016-02-69, Exh. A, 2-28-2016; Ord. No. 2021-10-220, § 1, 11-16-2021)
_____
In addition to the limitations imposed on "Customary Home Occupation" under "Article III, Definitions," the following requirements shall be met:
1.
The home occupation shall be carried on only by a member or members of the family residing in the residence.
2.
To the extent that there is any sale of any item or service related to the home occupation, no sale of that item or service may occur on or adjacent to the premises unless this use has been granted a Special Use Permit by the City Council after receiving recommendations from the Director of Community Development and Planning Commission and following a public hearing.
3.
Home occupations shall be conducted entirely within the principal dwelling or accessory structure. There shall be no exterior evidence of the conduct of a home occupation except that a sign not exceeding two square feet in size and made of durable material may be placed on the exterior wall of the home as close as practical to the front door.
4.
The conduct of the home occupation shall not generate more than six additional vehicular trips per day and all parking shall be accommodated on the property.
5.
No machinery or equipment causing noise. smoke, odor, vibration, electrical interference, or other objectionable emission may be used, nor may the occupation otherwise constitute a nuisance in the neighborhood.
6.
No more than 25 percent of the dwelling unit may be used for conducting the home occupation.
7.
One business vehicle used exclusively by the resident is permissible. This vehicle must be parked in a carport, garage, side yard, or rear yard. This vehicle shall be no larger in size than a pick-up truck, panel truck, or van not having a carrying capacity of more than one (1) and one-half (½) tons.
8.
No home occupation shall involve the use, storage, manufacture, or assembly of items or components on the property which are hazardous or explosive in nature or which are part of larger devices which are hazardous or explosive in nature.
(Ord. No. 2016-02-69, Exh. A, 2-28-2016; Ord. No. 2018-03-119, § II, 4-24-2018; Ord. No. 2022-12-246, § 1, 2-28-2023)
For any property for which an application for rezoning is received after June 31, 2012, permitted development shall be calculated on the basis of net density (see definition of "Density").
(Ord. No. 2016-02-69, Exh. A, 2-28-2016)
GENERAL PROVISIONS
A.
Accessory structures shall be permitted only in rear yards, except as otherwise provided in this Resolution. In an R (residence) district, accessory uses customarily located within front or side yards of residences may include but shall not be limited to the following: walls and fences as permitted in Section 700, mailboxes, driveways, walkways, lamp posts, landscaping, vegetable gardens provided they do not exceed 30 percent of the front yard, signs meeting the standards of the City Sign Ordinance and basketball goals adjacent to driveways. No accessory uses or structures, except driveways, mailboxes or landscaping shall be located within a public right-of-way.
B.
Accessory uses customarily located within rear yards of residences may include but shall not be limited to the following: storage buildings, patios, swimming pools, dog runs, dog pens and houses, detached garages, tennis courts, playground equipment, fences and walls as permitted in Section 700. Any accessory use or structure, except walls, fences, driveways and landscaping, shall comply with the following:
1.
Properties on which the primary structure is one story shall be permitted an accessory structure in accordance with the following:
a.
The accessory structure shall not exceed 50% of the habitable square footage of the primary structure or 800 square feet, whichever is less.
b.
The accessory structure shall not exceed one story and/or 16 feet in height, whichever is less.
c.
The accessory structure shall be set back at least five feet from any property line, except as otherwise provided within the R-TH and R-ZT zoning districts, and except for permitted encroachments as authorized in Section 705.
2.
Properties on which the primary structure is two or more stories shall be permitted an accessory structure in accordance with the following:
a.
The accessory structure ground floor area shall not exceed 50% of the habitable square footage of the primary structure or 800 square feet, whichever is less.
b.
The accessory structure shall not exceed two stories and/or 30 feet in height, whichever is less.
c.
One-story accessory structures, not exceeding 16 feet in height, shall be set back at least five feet from any property line, except as otherwise provided within the R-TH and R-ZT zoning districts, and except for permitted encroachments as authorized in Section 705.
d.
Two-story accessory structures shall be set back at least fifteen (15) feet from any property line, except as otherwise provided within the R-TH and R-ZT zoning districts, and except for permitted encroachments as authorized in Section 705.
C.
No accessory structure shall be erected on a lot prior to the time of construction of the principal building to which it is accessory a) on the same lot, or b) on an adjoining lot in joint or common ownership.
D.
The recreational components of a single-family property, (including, but not limited to, swimming pools, tennis courts, and gazebos), shall not be rented, sublet, or used separately from the single-family dwelling to which the recreational components are associated, even if they are situated on a separately platted lot.
(Ord. No. 2016-02-69, Exh. A, 2-28-2016; Ord. No. 2017-10-100, § 1, 11-20-2017; Ord. No. 2021-07-206, § 2, 8-24-2021)
(a)
Out-of-store marketing devices shall be allowed in nonresidential zoning districts.
(b)
The marketing device shall not exceed ten feet in height or width and shall not be illuminated except for illumination intrinsic to the device.
(c)
A maximum of two out-of-store marketing devices that are visible from the street shall be allowed.
(d)
Out-of-store marketing devices shall be located adjacent to the primary building on the property unless an alternate location is approved by the Community Development Director.
(e)
Signage on Out-of-store marketing devices shall be limited to one sign located directly on the front of the device that is no greater in area than one (1) foot high × the length of the device.
(Ord. No. 2016-11-82, § 1, 12-20-2016)
In all Zoning Districts, no fence, wall, structure, shrubbery, or other obstruction to vision between the heights of three (3) feet and fifteen (15) feet, except utility poles, light or street sign standards or tree trunks shall be permitted within twenty (20) feet of the intersection of the right-of-way lines of streets, roads, highways or railroads.
(Ord. No. 2016-02-69, Exh. A, 2-28-2016)
For all business and industrial developments fronting on a State Highway, no building permit shall be issued until the approval of the Georgia Department of Transportation has been obtained by the applicant on entrances and exits, curb radii, drainage and other matters that are the appropriate concern of the City of Peachtree Corners Department of Planning and Development and Georgia Department of Transportation.
(Ord. No. 2016-02-69, Exh. A, 2-28-2016)
All City approvals that are required for the use of the land and structures and for the location and operation of businesses and industries shall be obtained by the applicant and transmitted by him/her with his/her request for a development permit, building permit, or an occupancy certificate.
(Ord. No. 2016-02-69, Exh. A, 2-28-2016)
_____
All dwelling units shall have a minimum heated finished living area, excluding a basement, attic, carport, or garage, as follows:
(Ord. No. 2016-02-69, Exh. A, 2-28-2016)
_____
When developing under any Zoning Classification the requirements of Article XIV, Sections 1400 and 1401, must be met.
In all districts, except Single-Family Resident (R-LL, R-100, R-75, R-60 and R-ZT Detached) and Agriculture-Residence (RA-200) districts, the height requirements of Article XIV, Section 1401 must be met unless the applicant is granted a Special Use Permit by the City of Peachtree Corners City Council after receiving recommendations from the Director of Planning and Development and the Planning Commission and after a Public Hearing.
In all Single-Family Residence and Agriculture-Residence districts, the height requirements of Article XIV, Section 1401 must be met unless the applicant is granted a Variance by the Zoning Board of Appeals, after a public hearing.
An increase in height of ten (10) feet or less for any structure other than a sign or fence may be requested under the provisions of Article XVI, Section 1610 as an Administrative Variance, however, when no increase is involved in the number of stories which would otherwise be permitted under the applicable zoning district.
(Ord. No. 2016-02-69, Exh. A, 2-28-2016)
Sec. 606.1 A buffer shall be required for the following:
1.
All property zoned for commercial, neighborhood shopping, office-institutional, office business parks or industrial uses shall have a buffer along any rear and side property lines abutting a residential district.
2.
All property zoned for R-TH, RMD, R-ZT and all RM uses shall have a buffer along any rear and side property lines abutting a lower density residential use.
3.
All property zoned for manufactured homes shall have a buffer along any rear and side property lines abutting any other residential district.
Sec. 606.2 All buffer areas and screening shall be established in accordance with the following requirements:
1.
Buffers shall be established and maintained along required property lot lines in accordance with the landscaping policies and standards of the Buffer, Landscape and Tree Ordinance and any additional specifications that may be established by the Planning and Development Department and approved by the City Council. In the event the buffer includes a utility or pipeline easement, a minimum buffer of no less than 20 feet in width will be required outside the easement. In no case will the buffer be less than 20 feet except as may be permitted in Section 606.4.
2.
Buffers shall meet the minimum width requirements for dissimilar districts as shown in the "Minimum Buffer Strip Requirements" table (Section 606.7).
3.
Screening shall be established within any buffer along the entire length of the side and rear lot lines. However, this screening requirement may be adjusted in order to observe the sight distance required in the Development Regulations or as a condition of zoning, special use, or variance approval or as approved by the Director.
4.
Screening shall be required where a non-residential use abuts a public street across from a residential district. However, this screening requirement may be adjusted in order to observe the sight distance required in the Development Regulations or as a condition of zoning, special use, or variance approval or as approved by the Director of Planning and Development.
Sec. 606.3 Screening and/or buffers shall be required for purposes of obscuring features such as dumpsters, rear entrances, utility and maintenance structures, and loading facilities.
Sec. 606.4 The width of buffers as required in Section 606.8 may be reduced by no more than 50 percent, as appropriate, by the Director of Planning and Development, if and only if:
1.
It is clearly demonstrated that existing topography and/or vegetation within the reduced area achieve the purpose and intent of this Article; or
2.
It is clearly demonstrated that for topographic reasons, a fence, wall and/or other screening device required herein could not possibly screen activities conducted on ground-level from view from the normal-level of a first (1st) story window on any lot in a residential district abutting the use.
Sec. 606.5 All buffer shall be designated on the appropriate permit application(s) and indicated on the required site plan or final subdivision plat.
Sec. 606.6 Structures, including driveways, parking facilities, or retaining walls will be located a minimum of five (5) feet from any buffer.
_____
MINIMUM BUFFER REQUIREMENTS ABUTTING DISTRICT(S)
For buffer width other than standard height structures the board of commissioners may increase the minimum buffer required as a condition for allowing additional height of development. The [mayor and city council] may also establish or increase the minimum buffer as a condition of rezoning or as a condition to a special use permit.
Modifications in buffer width may be granted by the City Council after receiving recommendations from the community development director and planning commission and after a public hearing.
See section 606.6 - No structure shall be located less than five feet from any buffer.
** Buffers in M-1 zoning shall increase from 50 to 75 feet when located adjacent to truck docks or outdoor storage areas. However, any development with an approved development plan, final plat or concept plan on file with the department of planning and development prior to June 1, 2001, which depicts a different buffer width shall be considered grandfathered.
(Ord. No. 2016-02-69, Exh. A, 2-28-2016; Ord. No. 2021-10-220, § 1, 11-16-2021)
_____
In addition to the limitations imposed on "Customary Home Occupation" under "Article III, Definitions," the following requirements shall be met:
1.
The home occupation shall be carried on only by a member or members of the family residing in the residence.
2.
To the extent that there is any sale of any item or service related to the home occupation, no sale of that item or service may occur on or adjacent to the premises unless this use has been granted a Special Use Permit by the City Council after receiving recommendations from the Director of Community Development and Planning Commission and following a public hearing.
3.
Home occupations shall be conducted entirely within the principal dwelling or accessory structure. There shall be no exterior evidence of the conduct of a home occupation except that a sign not exceeding two square feet in size and made of durable material may be placed on the exterior wall of the home as close as practical to the front door.
4.
The conduct of the home occupation shall not generate more than six additional vehicular trips per day and all parking shall be accommodated on the property.
5.
No machinery or equipment causing noise. smoke, odor, vibration, electrical interference, or other objectionable emission may be used, nor may the occupation otherwise constitute a nuisance in the neighborhood.
6.
No more than 25 percent of the dwelling unit may be used for conducting the home occupation.
7.
One business vehicle used exclusively by the resident is permissible. This vehicle must be parked in a carport, garage, side yard, or rear yard. This vehicle shall be no larger in size than a pick-up truck, panel truck, or van not having a carrying capacity of more than one (1) and one-half (½) tons.
8.
No home occupation shall involve the use, storage, manufacture, or assembly of items or components on the property which are hazardous or explosive in nature or which are part of larger devices which are hazardous or explosive in nature.
(Ord. No. 2016-02-69, Exh. A, 2-28-2016; Ord. No. 2018-03-119, § II, 4-24-2018; Ord. No. 2022-12-246, § 1, 2-28-2023)
For any property for which an application for rezoning is received after June 31, 2012, permitted development shall be calculated on the basis of net density (see definition of "Density").
(Ord. No. 2016-02-69, Exh. A, 2-28-2016)