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Sandy Springs City Zoning Code

ARTICLE 1

- INTRODUCTORY PROVISIONS

Sec. 1.1.1. - Introduction

The following districts and standards were designed to preserve existing neighborhoods while promoting predictable urban development that aligns with the vision and policies set forth by The Next Ten Comprehensive Plan. This plan defines a vision for growth that strives for a balance between maintaining the quality of existing neighborhoods and creating urban, mixed-use, walkable, neighborhood-friendly development that contributes to a high-quality public realm.

(Ord. No. 2023-12-20, § I(Att. A), 12-5-2023)

Sec. 1.1.2. - Title

This document is the Sandy Springs Development Code and is referred to or cited throughout this document as "this Development Code."

(Ord. No. 2023-12-20, § I(Att. A), 12-5-2023)

Sec. 1.1.3. - Effective Date

This Development Code was adopted on August 15, 2017 and became effective on September 15, 2017 (the "effective date").

This Development Code was subsequently updated and adopted on December 5, 2023 (the "5-Year Development Code Update").

(Ord. No. 2023-12-20, § I(Att. A), 12-5-2023)

Sec. 1.1.4. - Purpose

A.

This Development Code is intended to guide the future growth of the City of Sandy Springs in alignment with the vision set forth by The Next Ten Comprehensive Plan.

B.

This Development Code was developed to help foster more predictable results and a higher-quality public realm by prescribing the physical form of buildings and addressing the relationship between building façades and the public realm, the form and mass of buildings in relation to one another and the scale and types of streets and blocks.

(Ord. No. 2023-12-20, § I(Att. A), 12-5-2023)

Sec. 1.1.5. - Intent

A.

This Development Code is intended to balance conservation and development by:

1.

Ensuring conservation of land and natural resources.

2.

Promoting the preservation and enhancement of the City's tree canopy.

3.

Guiding reinvestment in established neighborhoods that preserves and reinforces their unique characteristics.

4.

Promoting development along transit corridors that enhance their function as mixed-use, walkable centers that serve surrounding residential neighborhoods.

5.

Providing standards for compatible transitions of use, building scale, and height between existing and new development.

6.

Providing clear and consistent procedures for appropriate and effective public involvement in land use and development decisions.

B.

This Development Code is intended to encourage design excellence in the built environment by:

1.

Providing building and site design standards that address the public aspects of private development and how building form, placement, and uses contribute to the quality of the public realm.

2.

Providing parking and access standards that appropriately balance pedestrian and vehicular needs and result in safe pedestrian environments of the highest quality.

3.

Promoting quality landscape and building design that advance the function and beauty of Sandy Springs.

C.

This Development Code is intended to guide Sandy Springs' prosperous and sustainable future by:

1.

Providing clear regulations and processes that result in predictable, efficient, and coordinated development review.

2.

Promoting conservation of land, energy, and natural resources.

3.

Promoting sustainable building and site design practices.

4.

Promoting diverse housing options along the City's major corridors and within its nodes.

5.

Providing standards for interconnected streets and development patterns that support all modes of travel.

(Ord. No. 2023-12-20, § I(Att. A), 12-5-2023)

Sec. 1.1.6. - Authority

This Development Code is adopted under the authority of the Constitution of the State of Georgia and laws enacted pursuant to the Constitution, including but not limited to:

A.

O.C.G.A. Title 36, Chapter 66, Zoning Procedures; and

B.

O.C.G.A. Title 44, Chapter 2, Recordation and Registration of Deeds and Other Instruments.

(Ord. No. 2023-12-20, § I(Att. A), 12-5-2023)

Sec. 1.1.7. - Application

A.

Territorial Application This Development Code applies to all land, uses, buildings and structures within the corporate boundaries of the City.

B.

General Application In their interpretation and application, the provisions of this Development Code are the minimum requirements for the promotion and protection of the public health, safety and welfare.

C.

Required Conformance All buildings, structures or land, in whole or in part, must be used or occupied in conformance with this Development Code. All buildings or structures, in whole or in part, must be erected, constructed, moved, enlarged or structurally altered in conformance with this Development Code.

D.

Control Over Less Restrictive Private Agreements This Development Code does not nullify any private agreement or covenant. However, where this Development Code is more restrictive than a private agreement or covenant, this Development Code controls. The City will not enforce any private agreement or covenant.

E.

Control Over Less Restrictive Laws and Regulations If any condition or requirement imposed by this Development Code is more restrictive than a condition or requirement imposed by any other law, rule or regulation of any kind, the more restrictive condition or requirement governs.

F.

Conflicting Provisions If any condition or requirement imposed by this Development Code contains an actual, implied or apparent conflict, the more restrictive condition or requirement controls.

G.

References to Other Laws Whenever a provision of this Development Code refers to any other part of the Sandy Springs City Code or to any other law, the reference applies to any subsequent amendment of that law.

H.

Text and Graphics

1.

Illustrations, photographs and graphics are included in this Development Code to illustrate the intent and requirement of the text. In the case of a conflict between the text of this Development Code and any illustrations, the text governs. Where no text describes conditions or arrangements illustrated in graphics, the conditions or arrangements illustrated govern. When subsequent text is developed to describe conditions or arrangements illustrated in the graphics, that text shall be consistent with the conditions or arrangements illustrated.

2.

If any section, paragraph, subdivision, clause, sentence or provision of this Development Code is adjudged by any court of competent jurisdiction to be invalid, that judgment does not affect, impair, invalidate or nullify the remainder of this Development Code. The effect of the judgment is confined to the section, paragraph, subdivision, clause, sentence or provision immediately involved in the controversy in which judgment or decree was rendered.

(Ord. No. 2023-12-20, § I(Att. A), 12-5-2023)

Sec. 1.1.8. - Transitional Provisions

A.

Existing Applications and Permits

1.

Any subdivision or other project for which a valid and complete application for a land disturbance permit was received prior to the effective date of this Development Code remains valid and, at the developer's option, may proceed to completion and building permits may be issued under the regulations of the City of Sandy Springs in place immediately prior to the effective date of this Development Code, provided that the land disturbance permit is or can be issued within 90 calendar days of this Development Code's effective date and all time frames associated with the permit are observed.

2.

Any project for which a land disturbance permit cannot be issued within 90 calendar days from the effective date of this Development Code must proceed in accordance with these development regulations.

3.

Any subdivision or other project for which a modified or conditional land disturbance permit was issued, i.e. any permit which may have been issued for clearing and grubbing or grading only purposes prior to the effective date of this Development Code must be brought into conformance with this Development Code prior to issuance of any other land disturbance permit or permit modification that would authorize additional work on the project.

4.

Administrative modifications will be granted as necessary and appropriate where full compliance is not feasible or cannot reasonably be achieved because of the stage of development, limitations imposed by the site, or design parameters.

B.

Land Disturbance Permit This Development Code applies to any land disturbance permit for which an application is received after the effective date of this Development Code.

C.

Building Permit Nothing in this Development Code should be construed to affect the validity of any building permit, fence permit, pool permit, retaining wall permit, sign permit or other similar permit lawfully issued prior to the effective date of this Development Code.

(Ord. No. 2023-12-20, § I(Att. A), 12-5-2023)

Sec. 1.1.9. - Prior Approval Conditions

A.

The adoption of an Official Zoning Map implementing this Development Code will remove all prior conditions of rezoning, with the exception of:

1.

Buffers or setbacks adjacent to Protected Neighborhoods that exceed the requirements in this Development Code;

2.

Any provision for preservation or donation of park or open space land; and

3.

Development of Regional Impact (DRI) transportation conditions that exceed the requirements imposed by this Development Code.

4.

Any conditions that restrict the provision of ballfield or playground lighting or sound amplification.

5.

Any provision in an approved condition or site plan that restricts vehicular access to or from a particular direction.

B.

Relief from any prior rezoning condition must be granted through the Planning Commission and City Council under the procedures for Legislative Review (see Div. 11.3.) as a Zoning Map Amendment.

C.

All conditions attached to previously approved Use Permits remain in effect. Relief from any prior use permit condition must be granted through the Planning Commission and City Council under the procedures for Legislative Review (see Div. 11.3.) as a Conditional Use Permit.

D.

For development sites in the CS-, CX-, and SX- Districts which received a zoning approval between September 15, 2017 and prior to December 5, 2023, a conditional use permit is not required for any multi-unit housing component over 3 stories.

(Ord. No. 2023-12-20, § I(Att. A), 12-5-2023)

Sec. 1.1.10. - Amortization for Specific Uses and Standards

A.

Intent It is the intent of this Section to bring into conformity the parking lot landscaping and perimeter screening, foundation planting, mechanical and other equipment screening, and site lighting of vehicle-related uses and screening requirements for all service areas. It is the intent of the City Council to protect the investment-backed expectations of property owners, and to accomplish conformity while allowing property owners a reasonable return on their investment.

B.

Applicability The requirements of this Section apply to all of the following uses, provided they do not meet the standards referenced in paragraph C. below, where the affected lot abuts Roswell Road, or the lot is visible from the right-of-way of Roswell Road:

1.

Fuel pumps;

2.

Fuel stations;

3.

Vehicle sales and rental (major and minor); and

4.

Vehicle service and repair (major and minor).

C.

Standards The following requirements must be met where practicable:

1.

Sec. 8.3.2 B. regarding perimeter screening of parking lots;

2.

Sec. 8.3.4. regarding foundation planting;

3.

Sec. 8.3.9. regarding screening;

4.

Div. 8.5 regarding site lighting; and

5.

Sec. 8.8.9 A. regarding screening for service areas.

D.

Time for Compliance

1.

The standards in paragraph C.1 through C.4 above must be met within 7 years of the effective date of this Development Code. The standards in C.5 above must be met within 3 years of the 5-Year Development Code Update.

2.

Owners of property subject to this Section may apply for an extension of time at any time prior to or within 30 days after the expiration of the 7-year or 3-year period. Such application shall contain the following information:

a.

Name of the property owner making application;

b.

A statement from the property owner of how long of an extension is anticipated to be needed to ensure compliance.

c.

Address and tax parcel number of affected property;

3.

Upon receipt of the application, the Director will review the request, including any steps taken to ensure compliance, and grant or deny the request. In no case may the extension exceed 6 months.

E.

Alternative Solutions

1.

Where the Director determines compliance with the standards of this Section are infeasible, due to site limitations or otherwise, alternative standards may be considered that meet or exceed the standards of this Section.

(Ord. No. 2023-12-20, § I(Att. A), 12-5-2023)

Sec. 1.2.1. - Districts Established

In order to carry out the purpose and intent of this Development Code, the City is divided into the following zoning districts, as established on the Official Zoning Map in Div. 1.3. These districts are intended to implement the specific Character Areas established in the Comprehensive Plan, as set out in the table below.

The creation of new districts must be approved through the Planning Commission and City Council under the procedures for Legislative Review (see Div. 11.3) as a Text Amendment.

Character Areas and Zoning Districts
Character Area GroupCharacter Areas ImplementedZoning Districts Permitted
Protected Neighborhood
Protected Neighborhood Residential Estate: RE-2, RE-1
Residential Detached: RD-27, RD-18, RD-15, RD-12, RD-9, RD-7.5
Conservation Area/Park Parks: PK
Conservation: CON
Urban Neighborhood
Urban Neighborhood Residential Urban: RU-4, RU-3
Urban Neighborhood, Powers Ferry Residential Townhouse: RT-3
Residential Multi-Unit: RM-3, RM-3/8
Residential Mixed Use: RX-3, RX-3/6, RX-4, RX-5
Corridor & Node
Neighborhood Village Office Neighborhood: ON-3
Commercial/Mixed Use, Powers Ferry, Powers Ferry Village Office Mixed Use: OX-3, OX-4, OX-5, OX-6, OX-8
Commercial Mixed Use: CX-3, CX-3/6, CX-6, CX-6/8
Mixed Use, Powers Ferry Village Shopfront Mixed Use: SX-3, SX-3/6, SX-4, SX-6, SX-6/10
MARTA Transit-Oriented Development Transit-Mixed Use: TX-4, TX-6
City Springs City Springs: CS-3, CS-4, CS-5, CS-6, CS-6/8
Commercial/Mixed Use Industrial Mixed Use: IX-3
Commercial/Mixed Use, Powers Ferry Village Commercial Corridor: CC-3
Mixed Use North End Mixed Use: NEX-5/6, NEX-5/10/12
Perimeter
Perimeter Center Perimeter Residential: PR-3, PR-5
Perimeter Center, Perimeter Medical Perimeter Mixed Use: PX-3, PX-5, PX-8, PX-10/12, PX-20/35
Perimeter Medical Perimeter Medical: PM-5, PM-8, PM-12/15, PM-20/35

 

(Ord. No. 2023-12-20, § I(Att. A), 12-5-2023)

Sec. 1.2.2. - Frontages Established

In order to carry out the purposes and intent of this Development Code, the following frontages are established on the Official Zoning Map in Div. 1.3. These frontages are intended to implement specific character as established in the Roswell Road and Perimeter Center small area plans of the Comprehensive Plan.

A.

Perimeter Center Frontages

1.

Standard.

2.

-UL Urban Limited.

3.

-UG Urban General.

4.

-SH Shopfront.

(Ord. No. 2023-12-20, § I(Att. A), 12-5-2023)

Sec. 1.3.1. - Official Zoning Map Established

A.

The boundaries of the zoning districts and frontages established in Div. 1.2 are shown and established on the Official Zoning Map. The Official Zoning Map for the City of Sandy Springs is incorporated and made part of this Development Code.

B.

The Official Zoning Map was adopted on August 15, 2017 and became effective on September 15, 2017.

C.

The Official Zoning Map may be kept electronically in a Geographic Information System. Any copy of the Official Zoning Map published on the web or otherwise portrayed electronically does not constitute the original Official Zoning Map.

D.

The Director may make paper copies of the Official Zoning Map available to the public for a reasonable fee.

(Ord. No. 2023-12-20, § I(Att. A), 12-5-2023)

Sec. 1.3.2. - Interpretation of Map Boundaries

Where uncertainty exists with respect to the boundaries of any zoning district on the Official Zoning Map, the Director is authorized to interpret the boundaries using the following methods.

A.

Where a district boundary line is shown as approximately following the centerline of a street or highway, or an extension of a street or highway, the district boundary is the centerline of that street or highway.

B.

Where more than 1 district applies to a property, and the district boundary line is shown as running approximately parallel at a distance from a street, the distance from the centerline must be determined by the use of the map scale.

C.

Where a district boundary line is shown as approximately following a lot line, the district boundary is the lot line.

D.

Whenever any street, alley, other public way, or un-zoned remnant property is vacated, abandoned, or sold by official action of the City Council, or other state or local entity, the least intense zoning district adjoining either side of the street, alley, public way, or public property, will be automatically applied to the street, alley, public way or public property, as determined by the Director.

E.

Where a boundary line is shown and its location is not fixed by any of the rules of this Division, its precise location is determined by scaling from streets, objects or structures shown on the Map.

(Ord. No. 2023-12-20, § I(Att. A), 12-5-2023)