This Article defines the zoning districts in the city and identifies the specific uses to which land and structures may be put in the various zoning districts, including certain uses or structures for which special approval is required in order to be allowed. In addition, this Article identifies specific uses within each zoning district to which restrictions may apply, which are presented in Article 3 of this Ordinance.

For the purposes of these regulations, the incorporated area of South Fulton, Georgia is divided into the following zoning districts, overlay zoning districts ("overlay districts"), and inactive zoning districts:

Zoning districts as were established under the previous zoning ordinance of South Fulton are hereby renamed to the following zoning district names and designations under this Zoning Ordinance. All regulations, requirements and provisions of this Zoning Ordinance applicable to a zoning district established under this section shall apply to the previously named zoning district as now named.

Table 2-1 Conversion of Previous Zoning Districts

Except for individual nonconformities addressed in Article 1 of the Zoning Ordinance, no property shall be used except in accordance with its zoning designation on the Official Zoning Map, conditions of zoning approval for the property, and all applicable provisions of this Ordinance. In addition, any change of use, including a change of a single use within a multiple use structure, shall comply with the requirements of this Ordinance and any condition of zoning.

The incorporated area of the City of South Fulton is hereby divided into zoning districts, as shown upon the Official Zoning Map of the City of South Fulton, Georgia. The Official Zoning Map and all information contained thereon is part of this Zoning Ordinance and have the same force and effect as if fully set forth and/or described herein.

(a)

R-1 Single-Family Dwelling District

(b)

R-2 Single-Family Dwelling District

(c)

R-2A Single-Family Dwelling District

(d)

R-3 Single-Family Dwelling District

(e)

R-3A Single-Family Dwelling District

(f)

R-4 Single-Family Dwelling District

(g)

R-4A Single-Family Dwelling District

(h)

R-5 Single-Family Dwelling District

(i)

R-5A Single-Family Dwelling District

(j)

R-6 Two-Family Dwelling District

(k)

TR Townhouse Residential District

(l)

A Medium Density Apartment District

(m)

A-L Apartment Limited Dwelling District

(n)

MHP Manufactured Home Park District

(o)

SH Senior Housing District

(p)

NUP Neighborhood Unit Plan District

(q)

CUP Community Unit Plan District

(a)

AG-1 Agricultural District

(a)

C-1 Limited Commercial District

(b)

C-2 General Commercial District

(c)

O-I Office and Institutional District

(a)

MIX Mixed Use District

(a)

M-1 Light Industrial District

(b)

M-2 Heavy Industrial District

(a)

Cascade Corridor (Cascade) Overlay District

(b)

Cedar Grove Overlay District

(c)

Cedar Grove Agricultural Overlay District

(d)

Cliftondale Overlay District

(e)

Fulton Industrial Business District Overlay District

(f)

Old National Highway Overlay District

(g)

Sandtown Overlay District

(h)

South Fulton Parkway Overlay District

(a)

Suburban A Single-Family Dwelling District

(b)

Suburban C Single-Family Dwelling District

(c)

TR (old) Townhouse Residential District

(d)

A-1 Apartment Dwelling District

(e)

CUP-CGA Community Unit Plan — Cedar Grove Agricultural District

(f)

MIX-CGA Mixed Use District — Cedar Grove Agricultural District

(a)

The Official Zoning Map of the City of South Fulton, Georgia is hereby adopted and identified as that map or series of maps, adopted by the City Council, that show the precise location and boundaries of the zoning districts and that is certified by the Mayor and City Clerk of South Fulton, Georgia.

(b)

A certified copy of the Official Zoning Map shall be kept in the Department of Community Development and Regulatory Affairs, where it shall be available for public inspection.

(c)

The Official Zoning Map may be amended from time to time pursuant to the provisions of this Ordinance.

(a)

No changes of any nature shall be made to the Official Zoning Map except in conformity with amendments to the map approved by the City Council and in conformity with the procedures set forth in this Ordinance or by adoption of a new Official Zoning Map. Such amendments shall be spread upon the minutes of the City Council and shall be available for public inspection.

(b)

The Official Zoning Map as amended from time to time by the City Council may be kept in an electronic format from which printed copies can be produced.

The boundaries of the several zoning districts are shown on the Official Zoning Map. Street rights-of-way shall serve as district boundaries adjoining property lines, and all such rights-of-way shall not be zoned. Inconsistencies between legal boundary descriptions submitted at the time of rezoning and lot lines identified from more recent surveys shall be interpreted to attach the zoning to the legal lot.

(a)

Interpretation of boundaries. Where uncertainty exists as to boundaries of any zoning district shown on the Official Zoning Map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow centerlines of rights-of-way or prescriptive easements.

(2)

Whenever any street, alley, or other public way is abandoned by South Fulton or by the State of Georgia, the zoning district adjoining such street, alley or public way shall be extended to the center of such public way.

(3)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(4)

Boundaries indicated as approximately following corporate limit lines shall be construed as following such limits.

(5)

Boundaries indicated as approximately following railroad lines shall be construed to be midway in the right-of-way.

(6)

Boundaries indicated as approximately following shorelines of bodies of water shall be construed to follow such shorelines. Boundaries indicated as approximately following the centerlines of creeks, streams, rivers, or other predominantly linear bodies of water shall be construed to follow such centerlines.

(7)

Where a district boundary divides a lot, the zone classification of the greater portion shall prevail throughout the lot.

(8)

Where areas appear to be unclassified on the Official Zoning Map, and classification cannot be established by the above rules, such areas shall be considered to be classified as the least intensive zoning district assigned to abutting properties, until action is taken by the City Council to amend the Official Zoning Map.

(9)

All unincorporated territory which may be annexed to South Fulton shall be classified in the R-1, Single Family Dwelling District until, as applicable, the territory may be more appropriately zoned by the City Council based upon a Staff recommendation with consideration given to the suggestion of the Comprehensive Plan Land Use Map and/or zonings of adjacent properties in South Fulton.

(10)

Where uncertainties continue to exist or further interpretation is required beyond that provided for in the above paragraphs, the question shall be presented by the Community Development and Regulatory Affairs Director to the City Council to enact a clarifying resolution and said action shall be recorded on the Official Zoning Map as is provided herein.

All special conditions and special stipulations imposed as conditions of zoning approval of property prior to adoption of the Official Zoning Map are hereby retained and reaffirmed, and shall continue in full force and effect until such time as the property is rezoned or the prior zoning action of the City Council is amended through the zoning approval process established by this Zoning Ordinance.

(a)

Zoning districts. All lands in the incorporated area of the City of South Fulton, Georgia are included in one or another of the zoning districts established by this Zoning Ordinance and listed in this Section 206.

(b)

Overlay districts. Overlay districts, which provide additional requirements or restrictions on the portions of these zoning districts over which they are established, are found under Article 5 of this Ordinance.

(c)

Inactive zoning districts. Inactive districts, which have use and development standards that apply to existing parcels zoned in these classifications, are addressed in Article 10 of this Ordinance. No additional parcels will be rezoned to any inactive district classification.

(d)

Allowed uses. See Section 207 for allowed principal uses, accessory uses, temporary uses and restrictions that apply to particular uses, unless otherwise specified in this Section 206.

(e)

Lot and building standards. Unless otherwise specified in this Zoning Ordinance, principal uses and lots shall conform to the requirements in Article 4.

(a)

R-1 Single-Family Dwelling District. The R-1 District is intended to encompass lands devoted to very low density (two acre minimum lot size) residential use and single-family subdivisions.

(b)

R-2 Single-Family Dwelling District. The R-2 District is intended to provide land areas devoted to low density (1 acre minimum lot size) residential uses and single-family subdivisions.

(c)

R-2A Single-Family Dwelling District. The R-2A District is intended to provide land areas devoted to lower density (27,000 square feet minimum lot size) residential uses and single-family subdivisions.

(d)

R-3 Single-Family Dwelling District. The R-3 District is intended to provide land areas devoted to lower density (18,000 square feet minimum lot size) residential uses and single-family subdivisions.

(e)

R-3A Single-Family Dwelling District. The R-3A District is intended to provide land areas devoted to lower density (18,000 square feet minimum lot size) residential uses and single-family subdivisions, with the option for larger house sizes.

(f)

R-4 Single-Family Dwelling District. The R-4 District is intended to provide land areas devoted to moderate density (9,000 square feet minimum lot size) residential uses and single-family subdivisions.

(g)

R-4A Single-Family Dwelling District. The R-4A District is intended to provide land areas devoted to moderate density (12,000 square feet minimum lot size) residential uses and single-family subdivisions, with the option for larger house sizes.

(h)

R-5 Single-Family Dwelling District. The R-5 District is intended to provide land areas devoted to higher density (7,500 square feet minimum lot size) residential uses that provide a transition between moderate density dwelling areas and higher density residential areas or nonresidential areas.

(i)

R-5A Single-Family Dwelling District. The R-5A District is intended to provide land areas devoted to high density (4,000 square feet minimum lot size), single-family dwellings, including patio homes, and provide a transition between low- and high-density dwelling areas or between residential areas and nonresidential areas.

(j)

R-6 Two-Family Dwelling District. The R-6 District is intended to provide land areas devoted to two-family dwellings and medium density, single-family dwellings. Land areas zoned R-6 are further intended to provide a transition between low- and high-density dwelling areas or between low density dwelling areas and nonresidential areas.

(k)

TR Townhouse Residential District. The TR District is intended to provide land areas devoted to medium density uses consisting of townhouse and multi-family dwellings. Land areas zoned TR are further intended to provide a transition between low-density and higher density residential areas or between low-density residential and nonresidential areas. The TR District is further intended to:

(1)

Encourage the provision of usable open space and recreation areas as part of a living environment.

(2)

Be located primarily in areas near or adjacent to single-family areas.

(3)

Be located so as to provide a transition between single family areas and nonresidential areas.

(4)

Be located near retail shopping and major thoroughfares.

(5)

Encourage home ownership.

(l)

A Medium Density Apartment District. The A District is intended to provide land areas for medium-density apartment dwellings which will:

(1)

Encourage attractive apartment developments.

(2)

Encourage the provision of recreation areas and facilities, and

(3)

Be located in areas of moderate to intense development near retail shopping, schools and major thoroughfares.

(4)

Be located so as to provide a transition between moderate density residential areas and high-density residential areas or between moderate density residential areas and nonresidential areas.

(m)

A-L Apartment Limited Dwelling District. The A-L District is intended to provide land areas for high to very high-density apartment dwellings which will:

(1)

Encourage attractive apartment living opportunities;

(2)

Encourage the provision of recreation areas and facilities;

(3)

Be located in areas of intense development near retail shopping, schools and major thoroughfares; and

(4)

Be located so as to provide a transition between medium density residential areas and nonresidential areas.

(n)

MHP Manufactured Home Park District. The MHP District is provides minimum design standards for mobile home parks. The MHP District is intended to:

(1)

Provide a desirable living environment;

(2)

Require the provision of usable open space and recreational areas;

(3)

Be located in areas which are served by public sanitary sewer or be located in a drainage basin which is identified for sanitary sewer within two years;

(4)

Be located on sites which have a high potential for tree retention and utilization of natural terrain; and

(5)

Have access to an arterial street.

(o)

SH Senior Housing District. The SH District is intended to provide land area devoted to senior housing consisting of single family and multi-family dwellings. The SH District is further intended to:

(1)

Encourage senior housing opportunities throughout the City of South Fulton except in industrial areas;

(2)

Allow seniors the ability remain in their community; and

(3)

Provide standards whereby senior housing is compatible with the surrounding area.

(p)

NUP Neighborhood Unit Plan District. The NUP District is intended to provide land areas devoted to low to medium density single-family detached residential uses of five or fewer units per acre consistent with the densities ranges suggested on the Comprehensive Plan Future Land Use Map. The NUP is further intended to:

(1)

Encourage the development of medium sized tracts of land as planned neighborhoods or the development of vacant parcels of land with transitional densities in built-up areas;

(2)

Encourage the preservation of trees and vegetation;

(3)

Encourage innovative site planning;

(4)

Be developed at a density that is consistent with the Comprehensive Plan and surrounding properties; and

(5)

Protect neighboring properties by requiring peripheral setbacks and development standards compatible with adjacent developments as required by the district standards and the conditions of zoning.

(q)

CUP Community Unit Plan District. The CUP District identifies land areas for a variety of housing types, including single-family and multi-family uses, within a planned community setting. The CUP District is intended to:

(1)

Encourage the development of large tracts of land as planned communities;

(2)

Encourage flexible and creative concepts in site planning;

(3)

Preserve the natural amenities of the land by encouraging scenic and functional open areas;

(4)

Provide for an efficient use of land;

(5)

Provide a stable residential environment compatible with surrounding residential areas; and

(6)

Protect neighboring properties by requiring larger peripheral lots adjacent to larger lot developments.

AG-1 Agricultural District. The AG-1 District is intended to encompass lands devoted to agricultural uses and low-density residential use, single-family subdivisions and conservation subdivisions.

(a)

C-1 Limited Commercial District. The C-1 District is intended to provide locations in which neighborhood and community-oriented retail and service activities conclude a transition, or land areas which compliment a transition into a more intense activity area. Complimentary noncommercial uses are also permitted.

(b)

C-2 General Commercial District. The C-2 District is intended to provide locations in which community and regionally oriented retail and service activities conclude a transition, or locations which compliment a transition into a more intense activity area. Complimentary noncommercial uses are also permitted.

(c)

O-I Office and Institutional District. The O-I District is intended to provide land areas for office and institutional uses where proximity to residential, public, commercial and other land uses, and existing and projected traffic patterns make it desirable to locate office and institutional uses.

(a)

MIX Mixed Use District.

(1)

Intent. The MIX District is intended to encourage flexible, innovative and creative concepts in site planning and efficient use of land and to provide a stable multiple use environment compatible with surrounding uses. The MIX District is particularly encouraged in areas designated by the Comprehensive Plan Future Land Use Map as suitable for commercial (including retail, service commercial and office) uses and in Live-Work corridors.

(2)

Allowed uses. See Table 2-4 of this Article for allowed Principal Uses and restrictions that apply to particular uses. The MIX District also mandates a residential component of single-family dwellings, duplexes, triplexes, quadruplexes, townhouses, multifamily dwellings or any combination thereof along with at least two of the following: commercial, office or institutional uses.

(a)

M-1 Light Industrial District. The M-1 District is intended to provide locations for light industrial uses and industrial parks which meet the needs for processing, manufacturing, fabricating, warehousing, distributing, research, flex office-warehouse uses, and office uses associated with industrial uses. The M-1 District is further intended to be compatible with surrounding areas by prohibiting activities which are offensive or hazardous to the workers in the area, or produce smoke, odor, noises, fumes, vibrations or other objectionable elements or emanations that may be detrimental to the health and safety of the citizens of South Fulton. To this end, accepted smoke and odor abatement practices shall be followed to eliminate objectionable smoke and odor, in so far as possible.

(b)

M-2 Heavy Industrial District. The M-2 District is intended to provide locations for a full range of manufacturing, fabricating, processing, distributing, research, office associated with industrial use, extraction, and terminal and warehousing uses.

(a)

A principal use is the specific, primary purpose for which land or a building is used.

(b)

Principal uses that are allowed by right or by approval as a special use in residential zoning districts are shown on the following Table 2-2.

(c)

Principal uses that are allowed by right by approval as a special use in non-residential zoning districts are shown on the following Table 2-4.

(d)

In CUP-CGA and MIX-CGA Districts, uses that are allowed are established through approval of the rezoning application. See Article 4 of this Ordinance for details.

(a)

An accessory use is a use that is allowed on a property in conjunction with a principal use. An accessory use is incidental to the principal use and would not exist independent of the principal use.

(b)

A temporary use is a use having a specific duration or the end of which is related to a specific action, usually lasting for only a few days or months at a time.

(c)

Accessory uses and temporary uses that are allowed in conjunction with a principal use in residential zoning districts are shown on Table 2-3.

(d)

Accessory uses and temporary uses that are allowed in conjunction with a principal use in non-residential zoning districts are shown on Table 2-5.

(a)

Restrictions that apply to certain allowed uses or Special Uses are listed in the Restrictions on Particular Uses Article of this Ordinance (Article 3).

(b)

For those uses that have specific restrictions associated with them, a reference is given on the use table to the pertinent section in Article 3.

(c)

Any provisions in Article 3 that apply to development in general, however, are not indicated on the use tables.

(a)

Any principal use not shown on the following Table 2-2 and Table 2-4 as allowed in a zoning district, whether by right or with approval as a special use, is specifically prohibited.

(b)

Any accessory use or temporary use not shown on the following Table 2-3 and Table 2-5 as allowed in a zoning district, is specifically prohibited.

Some degree of interpretation by the Community Development and Regulatory Affairs Director will occasionally be required, consistent with the authority conferred to the CDRA Director in Article 1 of this Ordinance. It is not possible to list each and every variation or name of a given use.

(a)

In addition to Merriam-Webster's Collegiate Dictionary (eleventh edition or later edition) and other generally accepted references and resources, the North American Industrial Classification System (NAICS), published by the U.S. Department of Commerce (2017 edition or later edition), may be referred to in order to interpret the definition of uses listed on the following use tables and to identify similar uses that may be allowed along with each listed use.

(1)

The NAICS classification number is shown on the use tables for each applicable use for reference and interpretation only; the NAICS is not adopted as part of this Zoning Ordinance.

(2)

If no NAICS classification number is shown on the tables, there is no corresponding category to the land use listed. The use may be residential in nature (there are no NAICS categories for residences) or may be a land use activity not generally recognized as a business activity or industry type.

(b)

In all cases of uncertainty, the determination of whether or not a particular use is allowed in a particular zoning district shall reflect the intent of the zoning district as stated in this Article, both the common and dictionary definitions of the use, and the array of listed uses that are allowed in the district as to their character and intensity.

The following tables list the uses allowed in each zoning district, as described herein:

(a)

An "A" means that the use is allowed in the zoning district without any qualifications, except wherever such qualifications may be indicated in this Ordinance. Such indication will also be noted in the righthand column of the table of uses.

(b)

An "S" means that the use is allowed only by approval as a special use. A listed special use is one which may be granted by City Council only when certain conditions are met in accordance with the special use process described in Article 8 of this Ordinance. Additional restrictions may also apply, as noted in the righthand column of the table of uses.

(c)

A blank space indicates that the use is not allowed in any district and is specifically prohibited.

Table 2-2 Principal Use Table: Residential Districts

Table 2-3 Accessory and Temporary Use Table: Residential Districts

Table 2-4 Principal Use Table: Non-Residential Districts

Table 2-5 Accessory and Temporary Use Table: Non-Residential Districts

(Ord. No. 2021-037, § 1, 12-21-2021; Ord. No. 2021-033, § 2, 12-21-2021; Ord. No. 2024-007, § 1, 4-23-2024; Ord. No. 2024-034, § 1, 9-24-2024; Ord. No. 2024-038, § 1, 10-22-2024)