This article is organized by building standards, use standards, and general standards.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Standards contained in this article shall apply to the uses specified in all zoning districts unless otherwise provided. These standards shall be in addition to the development standards of individual zoning districts. In the event of a conflict with any other ordinance or code, the more stringent standard shall apply.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

The following standards apply to all new construction, including building additions.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

An accessory building is an uninhabited building detached from the principal building, the use of which is incidental and subordinate to the primary use of the property. Accessory buildings may be accessory to a residential use or to a non-residential use. Accessory buildings shall comply with the standards of this section and all other applicable standards of this ordinance.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

The following standards shall apply to attached accessory buildings on property developed in residential use:

A.

Accessory buildings shall be subordinate in area, extent and purpose to the primary residential use. No accessory building shall have a ground floor area greater than that of the principal dwelling except in the R-3 and MR districts which may have a common garage.

B.

Accessory buildings, including detached garages, shall be permitted in the R-1 single-family detached residential district, R-2 single-family detached residential district, R-3 attached residential district and the MR multifamily district. Such buildings shall also be permitted in the Mixed-use District when the principal use of the property is residential, subject to the following standards as concerns the maximum number and size of accessory buildings:

1.

One accessory building shall be allowed on a residential lot having an area of 15,000 square feet or less. A second accessory building shall be allowed on a lot having an area of 20,000 square feet or less and a third accessory building shall be allowed on a lot having an area of one acre or more. A detached carport having the capacity to shelter one passenger vehicle shall be allowed on any residential lot provided such carport shall be used in determining the allowable number of accessory buildings, provided further that a carport having a capacity to shelter one passenger vehicle shall be allowed on any residential lot in addition to one accessory building.

2.

The maximum size of an individual accessory building on a lot having an area of 15,000 square feet or less shall be 576 square feet. The maximum size of an individual accessory building on a lot having an area of 20,000 square feet or more shall be 576 square feet. The combined size of all accessory buildings and structures on a lot having an area of 20,000 square feet or more shall be 720 square feet. The maximum size of an individual accessory building located on any residential lot having an area of one acre or more shall be 720 square feet. The combined area of all accessory buildings on a lot having an area of greater than one acre shall be 864 square feet. Table 4.1, Maximum Number and Area of Accessory Buildings summarizes this information.

3.

Duplex, triplex, quadruplex and multifamily properties shall be limited to one accessory building per dwelling unit and having a maximum floor area of 288 square feet.

4.

No accessory building shall exceed the area of the ground floor of the principal dwelling.

Table 4.1. Maximum Number and Area of Accessory Buildings

C.

Accessory building placement.

1.

Located on a lot with a principal dwelling. Accessory buildings shall only be located on the same lot as the principal dwelling to which it is accessory, and shall only be allowed in a side or rear yard to the rear of the principal dwelling, provided that garages may be located in a front yard, subject to the setbacks applicable to the principal dwelling.

2.

Side and rear yard setbacks. Accessory buildings shall maintain a minimum side and rear yard setback equal to 50 percent of the minimum setbacks applicable to the principal dwelling.

3.

Setback on corner lot. Accessory buildings on a corner lot shall comply with the setback for the principal dwelling. No accessory building on a corner lot that adjoins the side yard of a lot occupied by or zoned for a residential use shall be located within 25 feet of the rear property line. This 25-foot setback shall not be required when the adjoining yard is a rear yard.

4.

Distance from dwelling and other accessory buildings. All accessory buildings shall be located a minimum of ten feet from the principal dwelling or other accessory buildings on the lot and a minimum of ten feet from the principal dwelling or accessory buildings on adjacent lots. This distance shall be measured from outside wall to outside wall.

D.

Accessory building height.

1.

No accessory building shall exceed a height of 24 feet as measured from the average adjacent grade at the front of the accessory building to highest point of the roof of the accessory building or the height of the principal dwelling as measured from the average adjacent grade at the front of the principal dwelling to the highest point of the roof of the principal dwelling, whichever is less.

2.

No accessory building shall be a full two-story building, provided an accessory building may be one and one-half story.

E.

Architectural character and exterior finish.

1.

The exterior finish and color of all accessory buildings and structures shall be similar to the exterior finish and color of the principal dwelling on the lot. In the case of brick dwellings, the exterior finish of an accessory building shall mirror the trim work or other siding materials of the principal dwelling and shall consist of materials intended for use as siding.

2.

Roof pitch and style, whether gable, hip, shed or mansard, shall be similar to the roof pitch and style of the principal dwelling.

3.

Second story access. Where applicable, access to an upper story of an accessory building shall be located within the interior of the ground floor area of the accessory building.

F.

Limitation on use.

1.

Accessory buildings shall not be used for residential occupancy. Accordingly, accessory buildings shall not be fitted with potable water or sanitary sewer connections and shall not be equipped with any bathroom or kitchen appliances or fixtures.

2.

Accessory buildings on residentially zoned properties shall not be used for any commercial operation whether permanent, part-time, or temporary, provided that a home occupation may be operated within an accessory building.

G.

Miscellaneous accessory structures. Outdoor cooking facilities, gazebos, arbors, pool houses and equipment shelters, fireplaces, and waste receptacle enclosures shall be exempt in calculating the maximum number of accessory buildings on a lot. However, such structures shall be subject to the accessory building setback standards and shall not exceed a combined area of 288 square feet.

H.

Permitting schedule. Occupancy of an accessory building to follow occupancy of the principal dwelling. Building permits for a principal dwelling and an accessory building may be issued concurrently. However, no certificate of occupancy for an accessory building shall be issued prior to issuance of a certificate of occupancy for the principal dwelling.

I.

Construction standards.

1.

All accessory buildings shall meet the International Building Code, the International Residential Code for One- and Two-Family Dwellings adopted by the City of Riverdale as provided in Chapter 18 Buildings and Building Regulations, section 18-11, State minimum standard codes adopted and section 18-27, International Building Code.

2.

Life safety codes apply.

3.

Accessory buildings shall comply with all life safety and building code regulations adopted by the City of Riverdale as provided in chapter 18 buildings and building regulations, section 18-11, State minimum standard codes adopted and section 18-27, International Building Code and section 18-28, International Residential Code for One-and Two-Family Dwellings.

J.

Prohibited accessory buildings. Manufactured homes, mobile homes, shipping containers, freight trailers, box cars, trailers or any other structure or vehicle not originally fabricated for use as an accessory building shall be prohibited.

K.

Pre-fabricated storage sheds prohibited. Accessory buildings shall not be modular structures designed for transport after fabrication on streets or highways on their own wheels or on flatbed or other trailers; nor shall accessory buildings be of such construction as to require placement on jacks or other temporary foundations.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

When an accessory building is attached to the principal dwelling by a breezeway, passageway or similar means, the accessory building shall comply with the setback applicable to the principal dwelling on the lot. An attached garage or accessory building must share a common wall with the principal dwelling that is a minimum of 50 percent of the wall length of the dwelling or 12 feet, whichever is greater, to qualify as an attached garage or attached accessory building, thereby eliminating the need for compliance with the accessory building standards of this section. Such common wall shall be an integral part of the principal dwelling. An attached garage or accessory building shall comply in all respects with the standards applicable to the principal dwelling.

B.

Second story access. Where applicable, access to the second story of an attached accessory building shall be located within the interior of the ground floor area of the accessory building.

C.

Prohibited accessory buildings and structures.

1.

Manufactured homes, mobile homes, freight trailers, box cars, trailers, shipping containers or any other structure or vehicle not originally fabricated for use as an accessory building shall be prohibited.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

The following standards shall apply to accessory buildings on property developed in non-residential use. Where a number of non-residential buildings are present on a lot rendering a determination of the "primary building" difficult, the architectural design, exterior finish materials and roof type and pitch shall be consistent as concerns these characteristics across all buildings on the lot:

A.

Scale of non-residential accessory buildings. The height of an accessory building as measured from the average adjacent grade along the front facade of the accessory building to the highest point of the roof of the accessory building shall not exceed 35 feet or the height of the primary building as measured from the average adjacent grade along the front facade of the primary building to the highest point of the roof of the primary building, whichever is less.

B.

Building setback. The setbacks of the residential zoning district assigned to any abutting property shall apply when the property abuts a lot occupied as or zoned for residential use. No non-residential accessory building shall be located in a required parking lot of a commercial property. Such accessory buildings shall be located to the rear of the front elevation of the principal building.

C.

Residential occupancy. No residential occupancy of a non-residential accessory building shall be permitted, provided that a mixed-use building may be permitted in the MU mixed-use district.

D.

Building mass. The building mass of an accessory building shall not exceed 50 percent the mass of the primary building.

E.

Building materials shall be identical to the primary building.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Use standards are organized by residential and non-residential standards.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

The following standards shall apply to residential uses.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

An adult care home may be established in the R-1, and R-2, districts, subject to a special land use permit approval and the following standards:

A.

For purposes of this ordinance, an adult care home shall provide housing and care for a maximum of six individuals.

B.

The operator of an adult care home shall register with the Riverdale community development department and provide a copy of all required State licenses and documentation to the community development director.

C.

The facility shall at all times adhere to the rules, guidelines and procedures as provided by the state department of community health.

D.

The facility shall be in compliance with all applicable life safety codes at all times including, but not limited to federal, state and local fire and building codes.

E.

The dwelling shall comply with the Americans with Disabilities Act of 1990.

F.

The operator of an adult care home shall provide a current list of residents living in the facility who have disabilities, and information concerning special needs to the Riverdale Fire Services and the Riverdale Police Department to ensure resident safety and timely evacuation from the premises in the event of a fire or other emergency within the home; provided that all residents must be ambulatory and must not have a behavioral condition that requires the use of physical or chemical restraints, isolation, or confinement.

G.

The governing body for the facility shall provide the city with the names and phone numbers of two persons who can be contacted at all times in the event of an emergency. As used here, "governing body" shall mean the board of trustees, partnership, corporation, association, or the person or group of persons who maintain and control the facility and are held legally responsible for operation of the facility.

H.

An operable phone shall be maintained and readily available in the facility at all times.

I.

The minimum heated floor area for a dwelling in which an adult care home may be established shall be 1,800 square feet.

J.

All outdoor recreation areas shall be enclosed by a fence or wall not less than four feet in height.

K.

No adult care home shall be located within 1,000 feet of another adult care home as measured in a straight line from the boundary lines of the properties on which each home is located.

L.

An adult care home may be operated as a home occupation; the operator shall be resident on the property.

M.

The existing dwelling shall be upgraded and inspected by the city with respect to the accommodation and accessibility of the dwelling by disabled persons. Any exterior modifications to the existing dwelling shall be consistent with the residential character of the surrounding neighborhood.

N.

The operator of an adult care home shall be resident on the property.

O.

Unless more stringent standards apply, every room in all adult care homes and similar facilities occupied for sleeping, purposes by one person shall contain a minimum of 80 square feet of floor area and every room occupied for sleeping purposes by more than one person shall contain a minimum of an additional 80 square feet of floor area for each occupant thereof; not to exceed four persons per bedroom.

P.

The adult care home shall meet all parking regulations identified in this ordinance and provide on-site parking and drop-off space adequate to meet the needs of the facility. No additional parking beyond the existing driveway and garage areas shall be allowed on property where the family personal home is located, and vehicles may only be parked on such areas. In the event that additional parking is required, the operator of the home may apply for a variance from the board of zoning appeals to increase the existing parking area, provided such increase shall be confined to the rear yard.

Q.

No controlled substances shall be stored, served, sold, consumed, or in the possession of any person on the premises.

R.

All violations of local, state or federal laws and any other reporting required by the department of community health occurs on the premises shall be immediately reported to the city.

S.

The operator of the adult care home shall have obtained all federal and state permits or licenses required for its operation.

T.

The operator of the adult care home shall apply for and receive a city occupational tax permit prior to operation.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20; Ord. No. 6-2021, § 1(Exh. A), 11-16-21)

A.

A child care home may only be established and operated in an R-1, R-2 or R-3 district subject to special use approval, the application procedures of section 9.6, Child care home and in compliance with the following standards:

B.

The holder of any permit for a child care home shall make no alterations or additions to the dwelling as it existed on the date such permit was granted for the purpose of increasing the number of children accommodated by the home which shall be limited to the care of a maximum of six children.

C.

The operator of a child care home shall be resident on the property.

D.

The facility shall comply with all regulations of the Georgia Department of Early Care and Learning applicable to the licensing and operation of a family child care learning home.

E.

No child care home shall be located within 1,000 feet of another child care home as measured from property line to property line.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20; Ord. No. 6-2021, § 1(Exh. A), 11-16-21)

A group home may only be established and operated in an R-1, R-2 or R-3 District subject to special use approval and in compliance with the following standards:

A.

The holder of any permit for a group home shall make no alterations or additions to the dwelling as it existed on the date such permit was granted for the purpose of increasing the number of individuals accommodated by the home which shall be limited to the care of a maximum of six residents.

B.

The operator of a group home shall be resident on the property.

C.

The facility shall comply with all regulations of the Georgia Department Healthcare Facility Regulation (HFR).

D.

No group home shall be located within 1,000 feet of another group home as measured from property line to property line.

(Ord. No. 6-2021, § 1(Exh. A), 11-16-21)

Editor's note— Ord. No. 6-2021, § 1(Exh. A), adopted November 16, 2021, amended § 4.3.1.3 in its entirety to read as herein set out. Former § 4.3.1.3, pertained to personal care home, family, and derived from Ord. No. 7-2020, § 1(Exh. A), adopted October 26, 2020.

The following standards shall apply to non-residential uses.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

Adult day care centers shall comply with the Rules of the Georgia Department of Community Health, Chapter 111-8, Healthcare Facility Regulation 111-8-1, Rules and Regulations for Adult Day Centers.

B.

Adult day care centers may be established in the NC, GC or O-I Districts for the care or supervision of seven or more individuals.

C.

Each adult day care center shall provide off-street parking spaces in compliance with article 7, Parking and Loading and an adequate, on-site vehicle turnaround.

D.

No adult day care center may be established and operated until a permit has been obtained.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20; Ord. No. 6-2021, § 1(Exh. A), 11-16-21)

Agricultural produce stands shall be setback a minimum of ten feet from the right-of-way and shall provide a minimum of four off-street parking spaces.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

No facility from which ambulances are dispatched shall be located within 1,000 feet of a dwelling, library, park, school or place of worship.

B.

No ambulance, taxi or limousine service involving the dispatch or storage of vehicles shall be located within 1,000 feet of another such ambulance, taxi or limousine service measured in a straight line from the boundary lines of the properties on which each facility is located.

C.

Vehicles used for ambulance, taxi, or limousine services shall be parked a minimum of 50 feet from property zoned in a residential classification unless parked in a building or the parking area is adequately screened by a fence or wall having a minimum height of six feet or evergreen buffer having a minimum width of ten feet and minimum height of six at planting. The fence, wall or buffer shall run the full length of the parking area. Such vehicles shall be parked a minimum of ten feet from any property zoned in a non-residential classification.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

Animal hospitals and veterinary clinics.

1.

Any building used as an animal hospital or veterinary clinic shall be located a minimum of 100 feet from any property zoned or used for residential purposes.

2.

The use shall be adequately sound and odor proofed when directly adjoining other commercial tenant spaces so as not to create a nuisance.

3.

No overnight boarding shall be allowed unless required in conjunction with medical treatment.

4.

Outside runs or kennels shall be prohibited other than facilities necessary for occasional use. A maximum of one animal shall be placed in an outdoor run or kennel at one time. The total number of runs shall be limited to two such runs.

B.

Animal shelter housing four or more animals.

1.

No animal shelter shall be located within 400 feet of any property zoned or used for residential purposes.

2.

Any area housing animals shall be completely enclosed by a wall or fence having a minimum height of five feet.

3.

Outside pens or runs shall be located a minimum of 75 feet from any stream.

4.

No more than four dogs may be maintained in an outdoor run at any time.

5.

The floor of all buildings used as a kennel to which animals have access shall be concrete or other impervious surface.

C.

Pet grooming shops. Any building used as a pet grooming shop shall be located a minimum of 100 feet from any property zoned or used for residential purposes.

D.

Pet day care. Any pet day care shall be located a minimum of 400 feet from any property zoned or used for residential use. Any areas housing animals shall be completely enclosed by a wall or fence having a minimum height of five feet.

E.

Commercial kennels, boarding and breeding kennels. All kennels shall comply with the following standards:

1.

Any building used for kennels shall be located a minimum of 400 feet from any property zoned or used for residential use.

2.

Kennels shall be located on a site having a minimum area of one acre.

3.

All outdoor areas in which animals are maintained shall be completely enclosed by an opaque fence or wall having a minimum height of five feet.

4.

No more than ten breeding animals shall be maintained on the premises at any time.

5.

No more than four dogs shall be maintained in an outdoor run at any time.

6.

No more than six animals of one species shall be maintained on the premises at any time.

7.

The floor of all buildings used as a kennel to which animals have access shall be concrete or other impervious surface.

8.

The portion of the building in which animals are housed shall be adequately soundproofed to meet the minimum requirements of the Riverdale Noise Ordinance.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Auto broker offices may be established in a GC general commercial district, provided that no sale, storage or display of any vehicle or vehicle parts shall be permitted on the premises.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20; Ord. No. 6-2021, § 1(Exh. A), 11-16-21; Ord. No. 4-2023, § 4, 7-24-23)

Beauty supply stores, hair salons, nail salons, barbershops shall be located a minimum of 500 feet from another such use as measured in a straight line from the boundary lines of the properties on which each such establishment is located.

Places of assembly shall be located a minimum of 1,000 feet from another such use as measured in a straight line from the boundary lines of the properties on which each such establishment is located.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20; Ord. No. 6-2021, § 1(Exh. A), 11-16-21)

A.

Minimum lot size. Minimum lot size shall be 10,000 square feet.

B.

Maximum capacity. Maximum capacity of a bed and breakfast inn shall be four guestrooms and eight guests, subject to inspection and approval by the Clayton County Board of Health and Riverdale Fire Services, as applicable.

C.

Length of stay. The length of stay for any lodger shall not exceed seven consecutive days.

D.

Meals. Breakfast shall be the only meal served and shall only be served to registered, overnight guests. No guest room may be equipped with cooking facilities.

E.

Outside employees. A maximum of two employees who are not resident on the premises may be employed.

F.

Ownership and occupancy. The owner of a bed and breakfast inn, or his or her agent, shall be resident on the premises. An officer of a corporation that is the owner of a bed and breakfast inn, or a partner in the case of a partnership, shall be resident on the premises.

G.

Off-street parking. Adequate off-street parking shall be required. Paved parking shall not be required; pavers and decorative stone shall be acceptable. Grasscrete products or other pervious materials shall also be acceptable. Gravel such as "57 Stone" typically used for commercial or industrial applications shall not be permitted. The minimum number of parking spaces shall be two for the occupant and one additional space for each guest room.

H.

Residential character. The residential character and exterior appearance of the dwelling shall not be altered.

I.

Occupational tax permit. All individuals, occupants or businesses operating a bed and breakfast inn shall obtain an annual occupational tax permit from the City of Riverdale. Failure to obtain the required occupational tax permit shall subject the violator to those penalties set forth in section 11.6, Penalties.

J.

Zoning districts. Bed and breakfast inns shall be allowed in the R-1, R-2 and R-3 zoning districts subject to approval of a special use.

K.

Hotel/motel sales tax. Bed and breakfasts inns shall be subject to payment of hotel taxes as applied to other lodging facilities.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

The following standards shall be required for building and construction establishments and landscape contractors:

1.

Storage of equipment and/or materials shall be located in the rear yard and screened from view from adjoining properties and public streets by means of an opaque fence or wall having a minimum height of six feet.

2.

Vehicles shall be stored in the side or rear yard, only.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

Cemeteries, columbariums and mausoleums shall be allowed subject to the following standards:

1.

A cemetery, columbarium or mausoleum shall only be located on property having a minimum area of ten acres and a minimum frontage on a public road of 100 feet.

2.

Permanent public access shall be provided for the lot on which a cemetery, columbarium or mausoleum is located.

3.

Compliance with all requirements of the State of Georgia shall be maintained.

B.

Cemeteries shall be allowed as an accessory use to a place of worship.

C.

Crematories may be allowed as a special use in the M light industrial district.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

The following standards shall apply to all check cashing establishments:

1.

Check cashing operations shall only be allowed as accessory to a permitted use, including convenience stores and other food stores.

2.

Free standing check cashing establishments whose primary business is the sale of money orders, cashing of payroll checks and similar operations shall be prohibited.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

Climate-controlled storage facilities may be permitted in the GC General Commercial District, subject to the following standards and subject to special use approval in the MU mixed-use district.

1.

Location. No climate-controlled storage facility shall be located within 1,000 feet of another climate-controlled storage facility as measured in a straight line from the boundary lines of the properties on which each facility is located.

2.

Parking and loading requirements.

a.

Parking spaces. One space for every 40 rental units and one space for each employee.

b.

Loading spaces. One space for every 200 rental spaces or major fraction thereof.

c.

Customer and employee parking spaces shall be full size spaces; loading spaces shall be a minimum of 12 feet by 24 feet and have 14 feet of vertical clearance. No part of any parking and loading spaces or maneuvering space shall encroach into a public right-of-way.

B.

Minimum number of stories. For the purpose of maximizing land utilization and minimizing impervious area, all climate-controlled storage facility developments shall be a minimum of three stories.

C.

Architectural design.

1.

In order to avoid the industrial appearance of traditional mini-warehouses, the design and exterior finishes shall, at a minimum, reflect the following standards:

a.

Exterior finish materials shall be limited to full-depth brick, stone, cast stone, fiber cement siding, EIFS, glass, or similar material as approved by the community development director.

b.

No blank walls devoid of windows shall be permitted. Windows on each floor shall comprise a minimum of 25 percent of each building elevation.

c.

All features that would afford a view into a private rental storage space shall be faux or "one way" windows and shall present an opaque panel on the building facade.

d.

All storage units shall be accessed through an interior entrance only. Outside access to storage units shall be prohibited.

D.

Operational standards.

1.

All storage units and common areas available to customers shall be climate-controlled achieving temperature and humidity regimens that protect personal goods stored on the premises from damaging temperatures, sun and humidity extremes.

2.

Outside storage of goods shall be prohibited.

3.

Storage of recreational vehicles and dry storage of pleasure boats of any type customarily maintained by private individuals for personal use shall be prohibited.

4.

Storage of flammable liquids, highly combustible or explosive materials, or hazardous chemicals shall be prohibited.

5.

No units within the facility shall be used for or considered to be premises for the purpose of establishing residency or for assigning a legal address in order to obtain an occupational tax permit or any other government permit or license to conduct business.

6.

The hours of operation during which individuals with a written contract to rent or lease one or more storage units on the property shall be between 6:00 a.m. and 11:00 p.m., Monday through Sunday.

7.

No resident manager or any type of overnight accommodations shall be permitted.

8.

No units shall be used to manufacture, fabricate or process goods; to service or repair vehicles, boats, small engines or electrical equipment; to conduct similar repair activities; to conduct garage sales or retail sales of any kind; to rehearse or practice utilizing band instruments; for conversion to an apartment or dwelling unit; or to conduct any other commercial or industrial activities on the site; provided that the owner may conduct retail sales in the leasing office limited to such items as locks, boxes and other moving supplies.

E.

Building and site plan review. Any new construction or renovation, including interior renovation, shall be subject to approval by the community development director. Any conversion of a building to a climate-controlled storage facility shall comply with the standards contained herein for new construction, including the minimum building height of three stories.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Any structure used as a commercial greenhouse or plant nursery shall be set back a minimum of 50 feet from the common boundary of any property that is zoned for residential use.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

The standards of this sub-section shall pertain to golf course; golf driving ranges; miniature golf courses; batting cage facilities; tennis centers; and recreation grounds, fishing lakes and related facilities.

1.

Such uses shall maintain a 25-foot, landscaped buffer sufficient to screen the view from adjacent properties. Such buffer shall be 50 feet when abutting any residential zoning district or residential use.

2.

Central loudspeakers shall be prohibited. All uses permitted under this subsection shall comply with [chapter 30] article VII, Noise of the City Code.

3.

Lighting shall be directed inward onto the property such that no spillover of light onto adjacent properties or roadways occurs.

4.

All other outdoor recreation facilities shall meet the standards of this sub-section.

B.

The following standards of this sub-section shall pertain to outdoor go-cart concessions:

1.

All buildings and structures associated with such use shall be set back not less than 200 feet from any property line.

2.

Such use shall not be permitted within 500 feet of the boundary of a residential district.

3.

Such use shall be enclosed by a six-foot, masonry wall.

4.

The motor of any go-cart shall not exceed five horsepower.

5.

The maximum area occupied by the facility, excluding areas used solely for parking, shall not exceed one acre.

6.

Central loudspeakers shall be prohibited. All uses permitted under this subsection shall comply with [chapter 30] article VII, Noise of the City Code.

7.

All go-carts shall be fitted with mufflers.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

Congregate personal care homes may be allowed in a MU mixed-use district, an O-I office-institutional district and the H hospital overlay, subject to the provisions of section 9.8, Congregate personal care home.

B.

Congregate personal care homes offer the following services:

1.

Individual assistance with self-administered medications, not to include medical or nursing services; and

2.

Assistance with the activities of daily living, as defined by Georgia Department of Community Health regulations, including, but not limited to eating, bathing, grooming, dressing, shaving, brushing teeth, combing hair, toileting, laundering, cleaning private living space, managing finances, writing letters, shopping, accessing public transportation, placing phone calls, setting appointments, and engaging in leisure and recreational activities.

C.

Personal care homes shall not include the following facilities:

1.

Boarding homes or rooming houses which provide no personal services other than lodging and meals.

2.

Facilities offering temporary emergency shelter, such as those for the homeless and victims of family violence.

3.

Other facilities, homes or residences licensed by the department which have not been classified as personal care homes, e.g. assisted living communities, hospices, traumatic brain injury facilities and drug abuse treatment facilities.

4.

Facilities providing residential services for federal, state, or local correctional institutions under the jurisdiction of the criminal justice system.

5.

Facilities licensed by the department of behavioral health, developmental disabilities, and addictive diseases.

6.

Host homes as defined in O.C.G.A. § 37-1-20(18).

D.

All congregate personal care homes shall provide a minimum of 80 square feet of personal living space for each resident or that amount required by the State of Georgia for the licensing of personal care homes, whichever is greater.

E.

The operator of a congregate personal care home shall provide transportation services for residents of the personal care home.

F.

The parking requirement for a congregate personal care home shall be one space for each employee on the largest shift and one additional space for every four beds.

G.

For purposes of this ordinance, a congregate personal care home may provide housing and care for seven or more individuals.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

Convenience and other food stores that also dispense fuels shall comply with the following standards:

1.

No store shall have a gross floor area greater than 3,000 square feet.

2.

No store shall be located within 1,000 feet of any lot zoned for residential purposes as measured in a straight line from property boundary to property boundary.

3.

No store shall be located within 1,000 feet of another such store as measured in a straight line from property boundary to property boundary.

4.

The hours of operation shall be no earlier than 6:00 a.m. and no later than 11:00 p.m. Sunday through Thursday and no earlier than 6:00 a.m. and no later than 12:00 a.m. on Friday and Saturday. These hours of operation shall include solid waste removal and fuel deliveries.

5.

Site lighting shall be directed downward and on to the property.

6.

No loudspeakers shall be operated on the property.

7.

The number of fuel dispensers shall not exceed eight individual fuel pumps.

8.

All such store properties shall provide two points of vehicle access to the property.

9.

A minimum of two trash receptacles shall be provided in location and in sufficient sizes to accommodate customer traffic.

10.

Landscaping in the form of shrubs and ground covers shall be installed along a minimum of ten percent of the front building facade. Such landscaping shall be in addition to landscaping required by article 8, Buffer and Landscaping Standards. A minimum of four planters each having a capacity of ten gallons and planted and maintained with shrubs and ground covers, including mulch, shall be placed along the front building facade of developed sites.

11.

Placement of vending machines or other goods, merchandise or equipment shall comply with section 4.4.3.4, Collection bins, vending machines and newsstands.

12.

No trailer or accessory building of any kind shall be placed, parked or otherwise stored on the premises.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

Convenience and other food stores shall comply with the following standards:

1.

No store shall have a gross floor area greater than 3,500 square feet.

2.

No store shall be located within 1,000 feet of any lot zoned for or used for any residential purposes as measured in a straight line from property boundary to property boundary.

3.

No store shall be located within 1,000 feet of another such store as measured in a straight line from property boundary to property boundary.

4.

The hours of operation shall be no earlier than 6:00 a.m. and no later than 11:00 p.m. Sunday through Thursday and no earlier than 6:00 a.m. and no later than 12:00 a.m. on Friday and Saturday. These hours of operation shall include solid waste removal and fuel deliveries.

5.

Site lighting shall be directed downward and on to the property.

6.

No loudspeakers shall be operated on the property.

7.

A minimum of two trash receptacles shall be provided in location and in sufficient sizes to accommodate customer traffic.

8.

Landscaping in the form of shrubs and ground covers shall be installed along a minimum of ten percent of the front building facade. Such landscaping shall be in addition to landscaping required by article 8, Buffer and Landscaping Standards. A minimum of four planters each having a capacity of ten gallons and planted and maintained with shrubs and ground covers, including mulch, shall be placed along the front building facade of developed sites.

9.

Placement of vending machines or other goods, merchandise or equipment shall comply with section 4.4.3.4, Collection bins, vending machines and newsstands.

10.

No trailers or accessory buildings of any kind shall be placed, parked or otherwise stored on the premises.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Event centers may be utilized for events held by a third party who provides some form of consideration to the owner or his or her agent. Event centers shall not be utilized for concerts, sporting events or vehicle racing. Weddings, reunions, corporate functions and religious or cultural events shall be allowed as regulated by this section.

A.

Minimum lot size. Event centers whose primary venue is outdoors shall have a minimum lot size of two acres; event centers whose primary venue is indoors shall have a minimum floor area of 2,000 square feet and associated parking in compliance with article 7, Parking and Loading.

B.

Maximum floor area. Such facilities shall be limited to a maximum floor area of 6,000 square feet.

C.

Minimum setbacks. A minimum setback of 50 feet shall separate all outdoor areas utilized for events from any abutting residential zoning district. All buildings so utilized shall comply with the minimum setbacks and buffers of the NC neighborhood commercial district.

D.

Off-street parking. Adequate off-street parking shall be required. Paved parking shall not be required for any overflow parking that is not required by article 7, Parking and Loading; pavers and decorative stone shall be acceptable. Grasscrete products or other pervious materials shall also be acceptable. Gravel such as "57 Stone" typically used for commercial or industrial applications shall not be permitted. Off-street parking and all existing buildings shall be depicted on a sketch, drawn to scale on a property survey of the lot.

E.

Hours of operation. The hours of operation shall be 9:00 a.m. to 10:00 p.m. Sunday through Thursday and 9:00 a.m. to 11:00 p.m. on Friday and Saturday. These hours of operation shall not apply to setup and cleanup time before and after an event.

F.

Accessory buildings and structures. All buildings and structures, including tents and canopies, utilized for events shall meet all applicable building and life safety codes. All tents and canopies larger than 144 square feet shall require Riverdale Fire Marshal approval.

G.

Sanitation. Sanitation facilities shall be approved by the Clayton County Board of Health.

H.

Food service. Food service shall meet all Clayton County Environmental Health requirements.

I.

Tourist accommodations. Overnight accommodations shall not be permitted in conjunction with an event center.

J.

Occupational tax permit. All individuals, occupants or businesses operating an event center shall obtain an annual occupational tax permit from the City of Riverdale. Failure to obtain any required occupational tax permit shall subject the violator to those penalties set forth in section 11.6, Penalties.

K.

Site plan. A sketch, drawn to scale on a property survey of the lot depicting all existing and proposed buildings, structures and outdoor areas utilized for events shall be required. In the event 5,000 or more square feet of impervious surface is added in conjunction with an event center, a site plan in compliance with the stormwater standards of section 30-184, Post-development stormwater management for new development and redevelopment of the city code shall be required.

L.

Event centers shall be allowed in the GC general commercial and the MU mixed-use districts; event centers are subject to approval of a special use in the NC neighborhood commercial district.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Food trucks may be operated in a GC general commercial, MU mixed-use, O-I office institutional, H hospital and M light industrial district as an allowed use and subject to approval of a special use in the TCMU town center mixed-use district. Food trucks may be operated on a lot within these districts that is occupied by a permitted use or on any freestanding commercial parking lot within these zoning districts.

A.

The following standards shall apply to food truck operations:

1.

The lot has been designated for food truck courts by the city as provided in this section.

2.

Parking supply exists in excess of that required by article 7, Parking and Loading for uses permitted by this ordinance.

3.

A minimum of two off-street parking spaces shall be reserved for the exclusive use of customers of each food truck vendor. All parking spaces shall be paved.

4.

Food trucks shall not be permitted on the premises before 7:00 a.m. or after 10:00 p.m.

5.

Each food truck vendor shall obtain an annual transient merchants license prior to operating in any area designated as a food truck court.

6.

Food truck courts need not be contiguous and may be designated in several locations within a single lot.

7.

No wastes of any kind shall be discharged from a food truck. Trash receptacles shall be provided by the food truck vendor for customers to dispose of food wrappers, food utensils, paper products, cans, bottles, food and other such waste. Such receptacles shall be located no more than ten feet from the food truck. The food truck vendor shall be responsible for removing all trash, litter and refuse attributed to his or her operation from the site at the end of each business day.

8.

No LED strip lighting shall be used in conjunction with any food truck court.

9.

No loudspeakers shall be used for announcements or hawking of products in conjunction with any food truck court.

10.

The property owner or agent may provide limited seating in the food truck court to customers of the food truck vendor(s). Canopies for the protection of customers from the elements may also be provided by the property owner or the food truck vendor(s). Such canopies shall be temporary, located within three feet of the food truck, not exceed an area of 144 square feet and shall be subject to approval by the fire marshal.

11.

A minimum distance of 100 feet shall be maintained between any food truck and the entrance to any restaurant.

12.

Food trucks shall not be located within any required setback, any sight distance triangle or required buffer. Access aisles sufficient to provide emergency access to any food truck shall be provided subject to approval by the fire marshal.

13.

Sales of articles other than food and beverages shall be prohibited.

B.

Designation of a food truck court shall be subject to review and approval by the community development director who shall maintain the following database:

1.

Property address and number of spaces designated as a "food truck court."

2.

Site sketch depicting the building, vehicle drives, parking spaces and parking spaces so designated.

3.

Dimensions and color photos (front, both sides and rear) of the dispensing vehicle.

4.

A copy of all lease agreement between the property owner and any food truck vendor, including the specific spaces being leased which shall be marked on the ground.

5.

Written proof of compliance with all Clayton County Health Department regulations.

C.

A vendors license shall be obtained from the city prior to operating a food truck, which permit shall be posted in the front window of the food truck vendor vehicle or trailer while in use.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

Live-work units shall meet each of the following standards:

1.

Uses conducted shall be compatible with residential uses and shall not produce noise, smoke, vibration, glare, fumes, odor, electrical interference, or fire hazards that would unreasonably interfere with adjacent or nearby residential uses.

2.

Live-work units located in a residential district shall be limited to the uses allowed in neighborhood commercial district. Live-work units located in a non-residential district may engage in any use allowed in that district. Such units shall be permitted in a neighborhood commercial district, the MU mixed-use district, the TCMU town center mixed-use district and the H hospital overlay.

3.

Restroom facilities shall be provided to serve the commercial portion of the unit. Individual public restrooms facilities are not required within each live-work unit when accessible public restroom facilities are provided elsewhere on an accessible route within the building or building site.

4.

Live-work units shall be subject to all applicable licenses and occupational tax permits.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

Mini-warehouses shall not include retail sales on the premises, commercial repair or other services, manufacturing or any other commercial use.

B.

Areas for storage of recreation vehicles, including motor homes, campers, travel trailers; and all types of watercraft, including boats, jet skis, pontoons, etc. may be established on the premises provided that such areas shall be completely separated from mini-warehouse units and shall be screened by an opaque fence having a height of eight feet.

C.

Mini-warehouses shall be prohibited upon adoption of this ordinance. Such facilities may continue to operate subject to the provisions of article 10, Nonconforming Uses, Buildings and Lots.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

Pawn shops, including title pawn, shall be subject to O.C.G.A. tit. 44, Property, ch. 12, rights in personality, art. 3, Bailments, pt. 5, Pawnbrokers.

B.

Pawn shops shall also be subject to the following local standards:

1.

Pawn shops shall not be permitted within 1,500 feet of an existing pawn shop. For the purpose of this section, distance shall be measured by the most direct pedestrian route of travel on the ground.

2.

The window and door area of any existing first floor facade that faces a public street or sidewalk shall not be reduced, covered, or otherwise obscured in a manner that blocks the view into the building.

3.

A minimum of 30 percent of the first floor building facade that faces a public street or sidewalk shall be comprised of window or glass doors of clear or slightly tinted glass that afford visibility into the building shall apply to new construction.

4.

The use of bars, chains, roll down doors or similar security devices placed on the outside of the building shall be prohibited.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

Private and public elementary, middle and high school shall be subject to approval of a special use in the R-1, R-2, R-3, MU and TCMU districts; allowed by right in the NC and GC districts.

B.

Minimum lot size for private elementary, middle and high schools shall be as follows:

1.

Elementary school: Two acres plus one additional acre for each 100 students based on the designed capacity of the school.

2.

Middle school: Three acres plus two acres for each 100 students based on the designed capacity of the school.

3.

High school: Five acres plus two acres for each 100 students based on the designed capacity of the school.

C.

The minimum public road frontage for a private school shall be 200 feet.

D.

Accessory ball fields shall be located a minimum of 75 feet from a residential district or property used for residential purposes.

E.

A 50-foot, natural buffer shall be maintained when adjacent to a residential district or property used for residential purposes.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

All vehicles on the lot shall be in operating condition and substantially free of body damage.

B.

No vehicle repairs shall be conducted on the premises.

C.

Established on a lot having a minimum area of three acres.

D.

Vehicle sales shall be the only use permitted on the property.

E.

An automatic car wash may be permitted, subject to the following standards:

1.

The car wash shall be operated in a completely enclosed building in the rear yard of the property.

2.

The car wash shall only be used to wash vehicles being offered for sale on the lot and shall not be available to the public.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Shopping centers are classified by the scale of the center:

A.

Neighborhood shopping center. Neighborhood shopping centers focus on the sale of convenience goods and provision of personal services for the day-to-day needs of the immediate neighborhood.

B.

Community shopping center. In addition to convenience goods and personal services, community shopping centers are typically built around a junior department store or grocery store as the principal tenant.

C.

Regional shopping center. Such centers offer general merchandise, apparel, furniture and home furnishings in full depth and variety. Regional shopping centers are built around major department stores as the focal point and may include fitness centers, movie theaters and home DIY stores.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

Neighborhood shopping centers. Neighborhood shopping centers shall be allowed in the NC neighborhood commercial district, subject to the following standards:

1.

Minimum lot size shall be two acres. Minimum lot area for individual lots within a neighborhood shopping center shall be 3,000 square feet.

2.

Maximum building height shall be 24 feet or two stories.

3.

Minimum setback applicable to all buildings and parking areas when adjoining residentially zoned property shall be 20 feet.

4.

Minimum parking ratio shall be five spaces per 1,000 square feet of floor area available to the public.

B.

Community shopping centers and regional shopping centers shall be subject to the following standards:

1.

Minimum lot size shall be five acres. Minimum lot area for individual lots within a community or regional shopping center shall be 5,000 square feet.

2.

Maximum building height shall be 40 feet or three stories.

3.

Minimum parking ratio shall be ten spaces per 1,000 square feet of gross floor area.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Such facilities shall be subject to the standards of section 4.3.2.7, Bed and breakfast inn with the exception of payment of the occupational tax permit fee, provided documentation of such fee being paid in another jurisdiction is presented to the city.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

The development standards of this section are intended to advance the following objectives:

1.

Promote consumer access to fresh meats, fresh fruits and fresh vegetables;

2.

Foster a community-based approach to the distribution and purchase of fresh meats, fresh fruits and fresh vegetables;

3.

Encourage greater diversity in retail offerings;

4.

Minimize the concentration of small box discount stores;

5.

Enhance regulation of the number and proximity of small box retail stores to assure the best possible opportunity to provide fresh meats, fresh fruits and fresh vegetables to the Riverdale community.

B.

In order to avoid the concentration of small box discount stores in the commercial districts of Riverdale, a small box discount store shall not be located within 5,280 feet of another such store. This minimum distance shall apply whether the store is located within the Riverdale city limits or in unincorporated Clayton County. This distance shall be measured in a straight line from the nearest boundary of the property occupied by a small box discount store to the nearest boundary of the property proposed for establishment of a small box discount store.

C.

Small box discount stores shall be limited to a maximum floor area of 12,000 square feet.

D.

A minimum of 500 square feet of floor area shall be reserved for fresh meats, fresh fruits and fresh vegetables.

E.

These standards shall apply to all new retail uses and buildings and all building alterations and site improvements requiring a building permit proposed within the boundaries of a GC general commercial district.

F.

Exemptions.

1.

The following uses shall be exempt from the standards of this section:

a.

Uses that contain a prescription pharmacy;

b.

Uses that dedicate a minimum floor area of 500 square feet to the sale of fresh meats, fresh fruits and fresh vegetables; and

c.

Grocery stores having a minimum floor area of 12,000 square feet.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

The following standards shall apply to all swimming pools:

B.

All swimming pools shall comply with the 2018 International Swimming Pool and Spa Code.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

All private swimming pools shall comply with the following standards:

A.

Private swimming pools and their customary accessory buildings shall be set back a minimum of ten feet from all side and rear lot lines. The setback is measured from the pool decking except where established elsewhere.

B.

Private pools shall be enclosed by a wall or fence not less than four feet or more than six feet in height equipped with a self-closing gate and a self-latching device.

C.

No swimming pool shall be permitted in a front yard.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

Any site built or prefabricated pool used other than in conjunction with a single-family or duplex dwelling shall comply with the Georgia Department of Public Health Rules and Regulations "Public Swimming Pools, Spas, and Recreational Water Parks Chapter 511-3-5" adopted by the Clayton County Board of Health and enforced by Clayton County Environmental Health. In-ground pools shall be exempt from the building setbacks of the zoning district in which the property is located. However, above ground pools and any pool house or related building shall comply with the applicable building setbacks. All swimming pools shall be enclosed by a security fence having a minimum height of five feet and fitted with a gate with a self-closing, positive latch device to secure the pool at all times.

B.

All swimming pools available to the public shall also comply with the following standards:

1.

Public swimming pools and their customary accessory buildings and structures shall be set back a minimum of 15 feet from all side and rear lot lines. The setback is measured from the pool decking except where established elsewhere.

2.

Public pools shall be enclosed by a wall or fence not less than four feet or more than six feet in height equipped with a self-closing gate and a self-latching device.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

Unless stored within a building, taxis and limousines available for dispatch shall be stored a minimum of 50 feet from the boundary of any residentially zoned lot.

B.

The perimeter landscaped areas required in article 8, Buffer and Landscaping Standards shall be planted with a continuous hedge having a minimum height of three feet at installation.

C.

No taxi or limousine service involving the dispatch or storage of vehicles shall be located within 1,000 feet of another such taxi or limousine service measured in a straight line from the boundary lines of the properties on which each facility is located.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

The sale and installation of vehicles accessories shall be permitted in the GC general commercial district subject to the following standards:

1.

All installation work shall be performed within an entirely enclosed building.

2.

Any outdoor display of vehicle accessories, including tires and rims, shall occupy no more than ten percent of the front yard of the lot and shall only be displayed during business hours. No merchandise may displace required parking.

3.

No vehicle accessory sales establishment shall be located within 1,000 feet of another vehicle accessory sales establishment measured in a straight line from the boundary lines of the properties on which each facility is located.

4.

Overnight outdoor storage of any equipment or merchandise, including tires and rims shall be prohibited.

5.

The perimeter landscaped areas in the front yard as may be required in article 8, Buffer and Landscaping Standards shall be planted with a continuous hedge having a minimum height of three feet at installation.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

All such work shall only be allowed in an M light industrial district and shall be subject to the standards of vehicle service establishments. No such facility shall be located within 1,000 feet of another facility performing such work measured in a straight line from the boundary lines of the properties on which each facility is located.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

The following standards shall apply to vehicle rental agencies upon approval as a special land use permit:

A.

Established on a lot having a minimum area of three acres.

B.

Located in a stand-alone building, having a minimum heated floor area of 1,500 square feet.

C.

Vehicle rentals shall be the only use permitted on the property; however, the sale of vehicles in the rental fleet as an accessory use shall be permitted.

D.

An automatic car wash may be permitted, subject to the following standards:

1.

The car wash shall be operated in a completely enclosed building in the rear yard of the property.

2.

The car wash shall only be used to service vehicles in the rental fleet and shall not be available to the public.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

The following standards shall apply to vehicle sales lots upon approval as a special land use permit:

A.

Vehicle sales shall be limited to passenger cars, and trucks and vans that do not exceed a GVWR of 10,000 pounds.

B.

All vehicles on the lot shall be in operating condition and substantially free of body damage.

C.

No vehicle repairs shall be conducted on the premises.

D.

Established on a lot having a minimum area of three acres.

E.

Vehicle sales shall be the only use permitted on the property.

F.

Only businesses properly licensed by the state as used car dealers may sell used cars from the premises. No vehicle shall be parked and offered for sale in a commercial parking lot or the parking lot of a place of business unless such lot is a designated vehicle sales lot. Vehicles parked and offered for sale in violation of this section shall be towed at the owner's sole expense.

G.

An automatic car wash may be permitted, subject to the following standards:

1.

The car wash shall be operated in a completely enclosed building in the rear yard of the property.

2.

The car wash shall only be used to wash vehicles being offered for sale on the lot and shall not be available to the public.

3.

Wastewater from all vehicle washing facilities shall be pretreated in accordance with Clayton County standards found in section 98-7, Pretreatment of wastewater prior to being drained into the public sanitary sewer or into any stormwater structure.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

The following standards shall apply to vehicle service establishments upon approval as a special land use permit:

A.

Established on a lot having a minimum area of 20,000 square feet.

B.

Vehicle repair shall be the only use permitted on the property.

C.

All vehicle parts, tires, rims, waste materials and damaged vehicles shall be stored within an entirely enclosed building and all repairs and services shall be performed within an entirely enclosed building.

D.

Vehicle service establishments shall not be located within 1,500 feet of a lot zoned for residential use, within 500 feet of a restaurant or within 1,000 feet of another vehicle service establishment measured in a straight line from the boundary lines of the properties on which each facility is located.

E.

A maximum of four vehicles awaiting service per service bay shall be stored on the premises.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Auto repair limited to diagnostic testing and adjustments to achieve emissions compliance shall be permitted. All such testing and work on a vehicle shall be conducted within an entirely enclosed building. No vehicle specialty shop shall be located within 1,000 feet of another vehicle specialty shop measured in a straight line from the boundary lines of the properties on which each facility is located.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

Vehicle washing services shall be accessory to a vehicle rental and vehicle sales lot, only. The following standards shall apply to this accessory use:

1.

An accessory single-bay, automatic car wash completely enclosed except for openings necessary to allow entry and exit of vehicles shall be permitted. Self-service washes shall be prohibited.

2.

No vehicle washing service shall be located within 1,000 feet of another vehicle washing service facility measured in a straight line from the boundary lines of the properties on which each facility is located.

3.

The exterior finish of the building shall be consistent with building materials of the principal building, including the roof.

4.

The doors of the vehicle washing building shall be fully closed when the facility is not in operation.

5.

The vehicle washing building shall be located behind the principal building.

6.

Wastewater from all vehicle washing facilities shall be pretreated in accordance with Clayton County standards found in section 98-7, Pretreatment of wastewater prior to being drained into the public sanitary sewer or into any stormwater structure.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Any commercial office (building) space individually leased or rented shall be a minimum of 200 square feet. Spaces may be furnished or unfurnished and should have shared amenities, i.e. copy room, breakroom, restroom, or conference room (if applicable).

(Ord. No. 4-2023, § 5, 7-24-23)

The following standards shall pertain only to accessory uses on residential properties.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Except as otherwise provided, a maximum of three domestic pets may be kept on any lot in a residential district. One additional domestic pet may be kept on lots having a minimum area of one acre and one additional domestic pet may be kept for each additional acre up to a maximum of ten domestic pets. Litters of animals not more than six months of age shall not be used to calculate the total number of domestic pets on a lot.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

Purpose and intent. The City of Riverdale seeks to promote home occupations to capitalize on a growing trend toward entrepreneurship and as a means of increasing resident incomes and reducing traffic congestion. Accordingly, certain business uses that are clearly incidental to the primary use of residential property may be conducted in any residential zoning district. Such "home occupations" are assigned specific standards to ensure the use will not be a detriment to the residential character and appeal of the surrounding neighborhood. These standards recognize that a variety of home occupations can be conducted with little or no effect on the neighborhood and may be allowed as a special use provided such home occupations comply with the following standards:

1.

The use is clearly incidental to the primary use of the premises as a residence;

2.

The use is conducted within the bona fide residence of the principal operator;

3.

The use is compatible with residential uses;

4.

The use is limited in scope and does not detract from the residential character of the neighborhood; and

5.

The use involves no group instruction, assembly or similar activity.

B.

General provisions. All home occupations shall comply with the following standards:

1.

Location. Home occupations may be conducted in any residential zoning district and shall only be operated within the confines of the principal dwelling or accessory building.

2.

Use of premises. An area not to exceed 25 percent of the floor area of the dwelling and encompassing the total floor area of a permitted accessory building may be used for a home occupation.

3.

Operator of home occupation to be resident on the premises. The home occupation shall only be operated by a resident of the dwelling in which the home occupation is established.

4.

Scope. No more than 800 square feet, or 25 percent of the floor area of the dwelling, including the area of an attached garage, whichever is less, may be used for a home occupation.

5.

Maintenance of residential character. No alteration of the premises that would diminish the residential character shall be made, nor shall any exterior evidence of a business being conducted on the premises be present.

6.

Additional parking prohibited. The operator of a home occupation shall not install additional parking spaces above the number of parking spaces mandated for single-family dwellings.

7.

Expansion of a home occupation. Any alteration or addition that expands the floor area of the principal dwelling dedicated to the home occupation shall void the occupational tax permit and require that a new occupational tax permit be obtained subject to compliance verification by the community development director.

8.

Employees. A minimum of one individual residing on the premises must be the primary operator of the business. Residents of the premises may participate in the home occupation and a maximum of one other individual not resident on the premises may be engaged in the conduct of a home occupation.

9.

Clients and customers prohibited. Except as otherwise provided, no clients or customers shall be permitted on the premises.

10.

Occupational tax permit required. Any individual operating a home occupation shall obtain an occupational tax permit from the City of Riverdale. Failure to obtain the required occupational tax permit shall be a violation of this ordinance and shall subject the violator to those penalties set forth in section 11.6, Penalties.

11.

Multiple occupational tax permits allowed. Nothing in this section shall prohibit the resident of the premises from obtaining a maximum of two occupational tax permits, provided each use complies with the standards of this section, an occupational tax permit is obtained for each such use and the premises are subject to the inspection schedule of this section.

12.

Inspections. As a condition for granting an occupational tax permit for a home occupation, the licensee shall agree to the following inspection schedule:

a.

Prior to issuance of an occupational tax permit, the applicant shall allow all necessary inspections of the premises and shall obtain a zoning certification from the community development director; and

b.

At any time following issuance of an occupational tax permit, the operator shall allow inspections by city representatives during normal business hours for determining compliance with all applicable provisions of this ordinance and city codes.

13.

Impact on infrastructure. Home occupations shall not require an increase in the capacity of public infrastructure including public streets, water service and sanitary sewer system, or natural gas or electrical service beyond that required by residential uses in the neighborhood.

C.

Operating standards. The following standards shall apply to the operation of a home occupation:

1.

Outdoor operation or storage. No outdoor operations associated with the home occupation or outdoor storage of inventory or materials of any kind to be used in conjunction with a home occupation shall be permitted.

2.

Chemicals. No storage of any chemical not normally used for common household purposes shall be permitted on the premises.

3.

Environmental impacts. No home occupation shall generate noise, fumes, odor, dust, vibration, smoke, heat, glare, electrical interference or vibration detectable by a normal individual at any property boundary or otherwise create a nuisance or any undue disturbance. The use or storage of hazardous materials on the premises shall be prohibited.

4.

Visibility of merchandise. No merchandise shall be displayed in such a manner as to be visible from the public right-of-way or adjacent property.

5.

Repair operations prohibited. Any type of repair or assembly of vehicles or equipment with internal combustion engines (such as autos, motorcycles, marine engines, lawn mowers, chain saws and other small engines) or large appliances (such as washing machines, dryers, and refrigerators) or any other work related to vehicles or vehicle parts shall be prohibited.

6.

Group instruction. All group instruction, assembly or other group activity shall be prohibited. For purposes of this section the term "group" shall mean more than two individuals who are not engaged in the operation of the home occupation, rather they are considered clients of the operator of the home occupation.

7.

Dispatch center prohibited. Home occupations shall not serve as headquarters or dispatch centers to which employees report and are dispatched to other locations.

8.

Deliveries. Business deliveries may be made to the premises of a home occupation by any common carrier such as FedEx, UPS or similar entity. For purposes of this section, the term "common carrier" shall not include any delivery vehicle having more than two axles.

9.

Vehicle limitations. No more than one passenger vehicle associated with the home occupation may be parked on or about the premises at any time. No van, truck or tractor having a rating higher than Class 2, defined as a class of light duty trucks having a gross vehicle weight rating of 10,000 pounds, shall be parked or otherwise stored on or about the premises. All off-street parking spaces shall be paved. A maximum of one passenger vehicle, or light duty truck or van displaying any commercial or non-commercial message may be parked or stored on the premises in a fully enclosed garage.

10.

Signs. Any sign displayed on the premises shall comply with the City of Riverdale Sign Ordinance.

D.

Permitted home occupations. A home occupation may include the following uses:

1.

Office of a lawyer, engineer, architect, accountant, salesman, real estate agent, insurance agent, consultant or similar occupation within a dwelling occupied by such an individual.

2.

Professional office-type work such as writing, editing, tax preparation, computer programming and computer data entry.

3.

Clerical work such as typing, stenography, keeping schedules, telephone and mail services.

4.

Musical instrument, dance, physical fitness, or academic instruction, provided instruction is limited to no more than two students at a time.

5.

Artist studio/photography studio.

6.

Dressmaking, tailoring, fabric crafts.

7.

The shop of a barber, beautician, or similar occupation, provided facilities are designed to accommodate only two persons at a time, and further provided that such personal services are offered on an appointment, only basis.

8.

Office of any occupation or profession providing medical services including, but not limited to, licensed physicians, dentists, psychiatrists, psychologists, surgeons, chiropractors or similar services, provided that patient visits shall be limited to no more than two patients at any given time. No medical procedures are allowed to be performed on site. Therapists are permitted to see clients on site, provided no more than two patients are present at any given time.

9.

Cottage bakery and cottage food production, subject to approval by the Clayton County Board of Health Environmental Health Office.

10.

Catering.

11.

Direct sales distribution/online retail sales. The processing of orders for shipping, and other customer service tasks is permitted. No sales on premises is allowed. No outside storage or display of goods for sale is allowed on premises.

E.

Prohibited uses. The following uses shall be specifically prohibited as home occupations. This list is not exhaustive and any use that threatens the character or stability of the neighborhood shall be prohibited as a home occupation:

1.

Bed and breakfast inns, tourist homes or short-term vacation rentals such as Airbnb.

2.

Boarding or rooming houses.

3.

Tea rooms, cafes, restaurants or any facility engaged in food or drink preparation for on premises consumption.

4.

Dance or musical instrument group instruction.

5.

Florists and greenhouses as commercial enterprises.

6.

Convalescent and nursing homes.

7.

Kennels.

8.

Animal hospitals and veterinary clinics.

9.

Clinics and hospitals.

10.

Vehicle sales, leasing or repair.

11.

Vehicle washing or detailing/auto brokers.

12.

Places of assembly.

13.

Retail or wholesale shops.

14.

Special event facilities.

15.

Firewood sales.

16.

Fish hatcheries, worm farms or bait houses.

17.

Activities that involve the use of chemicals, machinery or equipment that may create or cause to be created, noise, fumes, odors, vibration, electrical interference, heat, light, or glare perceptible beyond any property boundary of the premises or hazards that will endanger the health, safety or welfare of the community.

18.

Dispatch centers.

19.

Small engine/appliance repair.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20; Ord. No. 6-2021, § 1(Exh. A), 11-16-21)

A.

Yard or garage sales may be conducted on private property without a permit, provided no display of goods shall be located within the public right-of-way.

B.

Goods sold at yard sales must originate as the legal property of the homeowner, tenant, other persons participating in the sale, or members of a participating organization. Goods shall not include any items purchased for resale at the yard sale.

1.

Two temporary signs shall be permitted one week prior to and during the yard sale, provided that such signs shall be on private property with permission of the owner, and shall not be within the public right-of-way or attached to a utility pole. Such signs shall be removed immediately following the conclusion of the sale.

2.

All unsold yard sale merchandise remaining at the conclusion of the sale must be removed immediately. Purchased merchandise must be removed within 24 hours of conclusion of the sale.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

The following standards shall pertain only to accessory uses on non-residential properties.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

All drive-through facilities shall comply with the following standards:

A.

No drive-through facility shall be located within 60 feet of a residentially zoned lot, as measured from any menu or speaker box to the property line of the residential property.

B.

No drive-through facility shall be located on a lot having an area less than 10,000 square feet.

C.

Drive-through lanes and service windows serving drive-through lanes shall only be located to the side or rear of buildings.

D.

Vehicle stacking lanes for queuing of a minimum of five vehicles shall be provided at the drive-through lane. Vehicle staking lanes shall comply with the following standards:

1.

Drive-through lanes shall not impede on and off-site traffic movements and shall not create unsafe conditions for pedestrian accessing a public entrance of a building.

2.

Drive-through lanes shall be separated from off-street parking areas by striping or curbing. In the case of multiple lanes, individual lanes shall be striped, marked or otherwise identified.

3.

All drive-through facilities shall include a bypass lane having a minimum width of ten feet by which motorists may pass around the drive-through facility. The bypass lane may also serve as a parking access aisle.

4.

Drive-through lanes shall be set back five feet from all lot lines and public rights-of-way.

E.

Speaker boxes shall be directed away from any adjacent residential lot and shall be shielded by masonry sound attenuation walls with landscaping or other speaker volume reduction measures. Speaker boxes shall only be used for communication in placing orders.

F.

All lighting from drive-through facilities shall be directed away from any adjacent residential lot.

G.

Owners and operators shall be responsible for daily litter clean-up of trash, litter and debris.

H.

Drive-through restaurants shall not be located within 500 feet of an elementary, middle or high school.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Special events may include temporary outdoor sales, art shows, carnival rides, social or religious events, entertainment, athletic events, car shows, and other events of community interest.

A.

Special outdoor events standards. Such events shall be subject to the following standards:

1.

Site requirements.

a.

Employees shall be in uniform and identified with nametags.

b.

Security or off-duty police officers shall be on-site during operating hours.

c.

Portable toilets or access to bathrooms shall be provided.

2.

A site plan covering all aspects of the event shall be included with the special event permit application for special outdoor events associated with structures that require issuance of a building permit. The site plan shall document compliance with all applicable requirements of this ordinance.

B.

Lot restrictions. Special outdoor events shall be set back a minimum of 100 feet from any residential zoning district or use.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

Applicants for temporary outdoor events shall obtain an administrative permit from the community development director prior to staging or holding conducting such an event.

B.

Applicants for a permit for temporary outdoor use shall have the written authorization by the owner of the property documenting permission to use the property for the specific event for which an application has been submitted.

C.

All applicants for a permit for temporary outdoor event shall obtain an occupational tax permit from the community development department, as applicable.

D.

All approvals and permits granted under this section shall be displayed in a conspicuous location on the premises at all times for inspection by the City of Riverdale.

E.

No temporary outdoor event may be located within or encroach upon any drainage easement, public sidewalk or right-of-way, fire lane, designated loading area, driveway, maneuvering aisles, or an ADA minimum four-foot sidewalk width within private sidewalks or other areas intended for pedestrians.

F.

No operator, employee, or representative of the operator of a temporary outdoor event shall solicit the motoring public.

G.

Merchandise shall only be displayed in a manner that does not obstruct pedestrian or vehicular circulation.

H.

The premises used for a temporary outdoor event shall be restored to a sanitary condition; cleaned and cleared of all litter, trash and debris; and all equipment, materials, signs, temporary power poles, etc., associated with the temporary outdoor event shall be removed from the property within two days of the last day approved for such event, except for yard sales. All unsold merchandise remaining at the conclusion of the event shall be removed immediately. Purchased merchandise shall be removed within 24 hours of conclusion of the sale.

I.

Any temporary outdoor event that has not complied with this section shall be a violation of this ordinance. Any person or other entity found to be in violation of this section may be punished as provided in section 11.6, Penalties.

J.

Duration, frequency and hours of operation of temporary outdoor events.

The maximum duration, frequency and hours of operation for temporary outdoor events shall be limited to those shown in Table 4.2, Temporary Outdoor Uses, below:

Table 4.2. Temporary Outdoor Uses

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20; Ord. No. 6-2021, § 1(Exh. A), 11-16-21)

Temporary outdoor retail sales, display of goods, merchandise, materials, or other items sold at a retail establishment which may or may not be associated with the existing business on the lot sold outside the confines of an enclosed building. Temporary outdoor retail sales shall be subject to the following standards:

A.

Temporary outdoor retail sales standards.

1.

A special event permit shall be required for any temporary outdoor retail sales.

2.

Temporary outdoor retail sales shall only include the display and sale of retail merchandise associated with an existing business on the lot for a limited period.

3.

Any object, device, display or building, or part thereof, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service or event, shall also be considered part of the temporary outdoor retail sales display.

4.

Sales transactions associated with the temporary outdoor retail sales shall be conducted by employees of a business on the lot, and goods displayed shall be owned by the owner or tenant of a business on the lot. Consignment operations or any temporary arrangement with a transient merchant or vendor seeking to display goods shall be prohibited.

B.

Lot restrictions.

1.

Goods and merchandise may be displayed on public sidewalks only when the storefront directly abuts the sidewalk. Displays on public or private sidewalks shall not interfere with pedestrian travel, and the minimum ADA-required sidewalk width shall be maintained.

2.

Temporary outdoor retail sales shall be prohibited on a vacant lot.

3.

Temporary outdoor retail sales shall only be conducted on a paved surface, unless approved by the community development director.

4.

Temporary outdoor retail sales shall only be permitted only on a lot where such sales do not disrupt vehicle access and are shall not be permitted within areas required, set aside or designated for loading and maneuvering areas, emergency access lanes, driving aisles or driveways.

C.

Setback and display requirements.

1.

All temporary outdoor retail sales, including installation of associated temporary display and sales structures and stand-alone merchandise, display tables, or display racks, shall be set back a minimum of ten feet from the right-of-way.

2.

A temporary shade structure, tent, tilt-ups, umbrellas or similar covering may be erected as a part of the temporary outdoor retail sales. Tents having an area of 200 square feet or greater and canopies having an area of 400 square feet or greater shall require a building permit and approval by the fire marshal.

3.

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

4.

Temporary outdoor retail sales displays, excluding shade structures, tents, tilt-ups, umbrellas or coverings, shall not exceed six feet above grade.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Temporary outdoor seasonal sales include the sale of retail merchandise associated only with recognized seasonal and federal holidays, the sale of farm produce, and such holidays as Mother's Day, Easter, Halloween and Valentine's Day, subject to the following standards:

A.

Temporary outdoor seasonal sales standards.

1.

An administrative permit shall be required for any temporary outdoor seasonal sale.

2.

Events or sales of retail merchandise not customarily associated with seasonal or federal holidays or farm produce shall be prohibited.

B.

Lot restrictions.

1.

A temporary outdoor seasonal sale may be held on a vacant lot having a non-residential zoning classification.

2.

A temporary outdoor seasonal sale may be held on a lot where the temporary outdoor seasonal sale is not associated with the principal use of the property.

3.

Temporary outdoor seasonal sales shall only be permitted on a lot where such sale does not disrupt vehicle access.

4.

All exterior lighting utilized in conjunction with temporary outdoor seasonal sales shall be directed downward to minimize glare on adjacent properties.

5.

Spotlights, searchlights, LED lights and other such attention getting lighting associated with temporary outdoor seasonal sales shall be prohibited.

C.

Setback and structure standards.

1.

All temporary outdoor seasonal sales, including installation or erection of associated temporary display and sales structures, shall not be located within any public right-of-way, and no display or sales area shall be located within 25 feet of the curb or edge of payment.

2.

Tents having an area of 200 square feet or greater and canopies having an area of 400 square feet or greater shall require a building permit and approval by the fire marshal.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

These general standards supplement district standards found in article 3, Zoning District Intent, Uses and Standards. The general standards are organized by all zoning districts, residential districts and non-residential districts.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

The front yard setback required for the zoning district in which the lot is located shall be provided on each street.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

Fences along a public right-of-way shall not be comprised of opaque materials.

B.

Fencing. Electrified fences, razor-wire, barbed wire, hog wire and similar fencing types shall be prohibited on any property.

C.

Walls shall consist of brick, stone, masonry block or railroad ties.

D.

No fence or other enclosure or repair to a fence or other enclosure shall consist of slatted chain-link materials, or other inappropriate materials not intended for use as fencing including, but not limited to, sheet metal, plywood, tin roofing, plastic roofing, doors, automobile parts or other materials not designed and fabricated for use as fencing.

E.

All fences and walls shall be maintained in good condition. No dilapidated or otherwise unsafe or unsightly fence or wall, or portion of a fence or wall, shall be permitted on any property.

F.

Fences shall not be installed in such a manner as to obstruct the view of adjacent property owners entering a public street. Adequate provision shall be made for access by normal utility services, including solid waste collection, water and other utility meter readers, and mail delivery.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

Height limits shall not apply to spires, belfries, cupolas, domes, ornamental towers and other architectural features not intended for human occupancy; monuments; water towers; transmission towers; telecommunications towers and monopoles; radio or television towers or aerials; smokestacks; antennas; or flagpoles.

B.

Height limits shall not apply to chimneys or parapet walls necessary to screen mechanical equipment, provided such roof appurtenances do not extend more than four feet above the roofline of the building.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

The height of fences, walls, hedges and other plants shall be measured from the natural adjacent grade, exclusive of any filling, berming or mounding.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

No dwelling or other permanent building shall be moved into or relocated within the city unless when relocated the dwelling or building and the lot upon which such dwelling or building will be placed meets all applicable standards of this ordinance and other city and county codes.

B.

Such relocation of a dwelling or building shall require the filing of an application for a permit with the community development director and police chief a minimum of ten business days prior to the date of the move.

C.

The applicant shall identify the property address to which the building is to be moved, the proposed route, the time and date of the proposed move, and shall complete all other portions of the application. Any relocation of a dwelling or building shall be subject to written approval by the community development director and the police chief three business days prior to such relocation.

D.

No dwelling or other permanent building shall be moved out of the city until an application for a permit is filed with the police chief a minimum of ten business days prior to the date of the move providing the property address from which the building is to be moved, the proposed route, the time and date of the proposed move, and all other information required by the application. Such permits shall be subject to written approval by the police chief three business days prior to such relocation.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

The minimum street frontage on a cul-de-sac lot shall be 50 percent of the minimum lot frontage for the zoning district in which the lot is located, provided that the minimum lot width at the building line shall be met.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

No sign, fence, tree, shrub, or other visual obstruction to motorists line of sight shall exceed a height of three feet above the established grade or be permitted below eight feet on a corner lot within a triangular area defined as the "clear vision area," and formed by the intersection of the right-of-way lines at two points, each 20 feet from the intersection of the right-of-way lines, or in the case of a rounded corner, from the point of intersection of their tangents." This provision shall also apply to the intersection of private driveways with a street right-of-way except the point along the driveway shall be measured five feet from the intersection with a street right-of-way into the lot.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Every part of a required yard shall be open to the sky except as follows:

A.

Architectural features such as sills, belt courses, cornices, eaves and ornamental features may project a maximum of 18 inches into a required yard. Canopies and steps may project up to three feet beyond any required setback line.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

Fence or wall height in the front yard of a residential lot shall not exceed a height of four feet or six feet in the side and rear yard. Fences, walls and hedges shall comply with section 4.4.1.7, Visibility at intersections.

B.

Fencing. All fencing on any residentially zoned or occupied lot shall be fabricated of decorative or conventional fence materials, only, commonly known as stockade fence, privacy fence, split rail, vinyl fence or wrought iron fence.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

The required front yard setback on a lot zoned for single-family use adjacent to developed residential lots may be calculated as the average of the front yard setbacks of the two adjacent lots having frontage on the same street and within the same zoning district, provided that no dwelling shall be placed less than ten feet from the front property boundary. In addition, no dwelling shall be placed on a front yard setback greater than 150 percent of the average front yard setback of the dwellings on the two such adjacent lots.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

The number of buildings allowed on a lot zoned for single-family residential development shall be limited to the principal dwelling and any accessory buildings as provided in section 4.2, Building standards.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

When the width of a lot of record is less than the standard established in the zoning district in which the lot is located and lot width cannot be increased, the community development director shall be authorized to reduce the side yard requirement for such lot; provided that a minimum interior side yard setback of five feet and a minimum side yard setback at the street of seven and one-half feet shall be maintained. This provision shall not apply to adjacent lots that have frontage on the same street and are held in common ownership.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Single-family dwellings shall meet or exceed the following minimum standards:

A.

The minimum building dimension shall be greater than 24 feet.

B.

Minimum gross floor area shall be as required for detached dwellings by the zoning district in which the dwelling is located.

C.

The dwelling roof shall have a minimum pitch of 4:12, and shall be covered with asphalt shingles, concrete or clay roof tiles, wood shingles or shakes, metal or similar materials.

D.

Exterior siding materials shall consist of wood, stone, fiber cement, stucco or vinyl consistent with the standards of this ordinance or other materials similar appearance and composition to the above as approved by the zoning administrator.

E.

The dwelling shall be permanently affixed or bolted to a permanent masonry or concrete foundation, fully enclosed around the dwelling from grade to the dwelling floor.

F.

The dwelling shall be permanently equipped with both gutters and downspouts.

G.

A minimum roof overhang of six inches shall be provided around the entire exterior perimeter of the dwelling.

H.

All lap siding shall be a maximum width of eight inches per lap.

I.

A masonry or wood landing shall be provided at each exterior door having minimum dimensions of 36 inches by 48 inches.

J.

A site-built home shall be constructed according to standards established by the city's building codes, as amended from time to time.

K.

The dwelling shall not be an industrialized building or mobile home.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

Manufactured home, class II is a single-family dwelling unit meeting the requirements of a manufactured home class I and, in addition, bearing the insignia of the Southern Standard Building Code Congress International.

B.

Such dwelling units are transportable in one or more sections, having a minimum width of ten feet, built on a permanent chassis, designed to be used as a dwelling unit with or without a permanent foundation and designed to be attached to required utility systems and containing electrical, heating, air conditioning and plumbing systems.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Article 5, Architectural Design Standards are hereby incorporated within the TCMU town center mixed-use district, the MU mixed-use district, and the GC general commercial district as though fully reprinted here.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Use of light emitting diodes and neon lights placed on windows, doors or on any building facade shall be prohibited.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Every part of a required yard shall be open to the sky except as follows:

A.

A canopy may project into a required front or side yard of a commercially zoned or occupied lot, provided such canopy is unenclosed and is not located within 15 feet of a street right-of-way or within five feet of side lot line.

B.

Building features such as sills, belt courses, cornices, eaves and steps may project up to 18 inches into a required yard. Steps and canopies may project up to three feet beyond any required setback line, except where such projections would obstruct driveways that may be used for access by service or emergency vehicles.

C.

In no event shall such projection be less than ten feet from the front property boundary. In the case of hotels, motels, and similar uses that serve the motorists, canopies shall be allowed over a driveway, provided such canopy is unenclosed and is not located within 15 feet of a street right-of-way or within five feet of a side lot line.

D.

Covered porches, whether enclosed or not, shall be considered as a part of the building and shall not project into any required yard.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

Collection bins.Chapter 18, Buildings and Building Regulations, section 18-36, International Property Maintenance Code, section 302.10, Clothing, Donation and Charitable Storage Containers of the City Code provides standards for regulation of collection bins.

B.

Vending machines and newsstands. The term vending machines encompasses ice making machines, propane sales, newsstands and similar equipment used to market various products and are typically placed outside a retail business. The following standards shall apply to vending machines:

1.

All vending machines shall be placed at the side or rear of the building in compliance with the rear and side yard setbacks, and shall be placed on a concrete or asphalt surface.

2.

No vending machines shall be displayed at the front of the building or elsewhere in the front yard of the site. On corner lots, the front yard shall be considered that area between the building and the street, along both street frontages.

3.

No vending machine shall impede access to the premises and their placement shall comply with the Americans with Disabilities Act of 1990.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Fence or wall height in the front yard of a non-residential lot shall not exceed a height of six feet or eight feet in the side and rear yard. Fences, walls and hedges shall comply with section 4.4.1.7, Visibility at intersections.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Fuel pump islands may extend into a required yard, provided no portion of any fuel pump or fuel pump island shall be located within 20 feet of any street right-of-way and no fuel pump canopy shall be located within ten feet of any street right-of-way.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

Applicability. These standards shall not apply to hotels in the hospital overlay district. Extended stay hotels or motels shall be subject to approval as a special use in the GC general commercial district.

B.

A maximum of ten percent of hotel or motel guest rooms shall have fixed cooking appliances. For purposes of this section, the term "fixed cooking appliances" shall mean a stove top burner; a hotplate that does not serve as an integral part of an appliance designed solely to produce coffee; a conventional oven; a convection oven; or any oven producing heat using resistance heating elements, induction heating, or infrared heating sources.

C.

No hotel, motel, or extended-stay hotel shall allow any person to occupy such hotel, motel, or extended-stay hotel for more than 30 days during a 180-day period.

D.

For each person paying in cash for occupancy of a hotel, motel, or extended-stay hotel room every person operating a hotel, motel, or extended-stay hotel shall require each such person to provide proper identification prior to renting a room. Proper identification is defined as a current and valid government issued photo identification card such as a driver's license, military identification card, state identification card, or passport. A record shall be kept on file for the duration of the occupancy and for 60 days thereafter. Until such identification is produced and entered into the records of the hotel, motel, or extended-stay hotel, no guest shall be permitted to occupy any room in such hotel, motel or extended-stay hotel. Such record shall be subject to inspection at all times provided that the city produces appropriate legal authorization through a warrant or subpoena.

E.

No extended-stay hotel shall be initially constructed or thereafter operated, and no hotel may be converted to operate as an extended-stay hotel unless in full compliance with each of the following standards:

1.

The minimum square footage per guest room of an extended-stay hotel shall be 300 square feet and occupancy limited to two adults per room. An additional adult is allowed per each additional 150 square feet, for a maximum of four adults.

2.

The extended-stay hotel shall be no less than three stories in height.

3.

The extended-stay hotel must have enclosed, heated and air conditioned laundry space containing a minimum of three clothes washers and three clothes dryers the use of which shall be restricted to guests of the hotel.

4.

The extended-stay hotel shall provide a minimum of 1,000 square feet for recreational use by guests, and a minimum of ten percent of the lot area shall be dedicated to such recreational use and passive recreation.

5.

Maid service shall be included within the standard room rate of an extended-stay hotel. Maid service shall be provided no less than two times per week for each occupied guest room.

6.

Parking areas of extended-stay hotels must be secured parking.

7.

Extended-stay hotels shall be classified as one of the following chain segments: Upper midscale; upscale; upper upscale; or luxury as classified by the STR Chain Scales Report. No extended-stay hotels shall be constructed or thereafter operated unless the extended-stay hotel is classified in one of those segments. For purposes of this section, "the STR Chain Scales Report" means a report produced by Smith Travel Research, a leading lodging industry data and benchmarking firm, which is updated on an annual basis to reflect equivalent average daily rates (ADR) across lodging chains within a particular market or geography.

8.

The city may re-evaluate the chain scale classification report every 12 months to reflect current market conditions.

9.

No occupational tax certificate shall be issued for conduct of business from a guest room of an extended-stay hotel, and no home occupation shall be conducted from such room.

10.

Each guest room of an extended-stay hotel shall be equipped with a sprinkler system and hard wired smoke detector approved by the fire marshal.

11.

The extended-stay hotel shall provide a 50-foot undisturbed buffer from any property zoned for multifamily purposes and a 100-foot undisturbed buffer from any property zoned for single-family residential uses.

12.

An extended-stay hotel that fails to meet the standards of the above subsections 1 through 11 shall be prohibited from offering fixed cooking appliances in more than ten percent of the total guest rooms. Further, any extended-stay hotel that fails to meet the requirements of this section shall be subject to citation for each day of noncompliance. Each day of noncompliance shall constitute a separate offense punishable by a separate citation.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Commercial and industrial lots shall not be limited as to the number of buildings allowed as reflected on the approved site plan, provided all setbacks, lot coverage maximums and other applicable development standards are met.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

No wine store shall sell distilled spirits or malt beverages and shall not occupy a retail space greater than 5,000 square feet.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)