The purpose of Article 3 is to provide land use and development regulations applicable to specific land uses that are otherwise allowed. Unless otherwise noted, these standards are intended to be applied within all zoning districts where the particular uses are allowed, whether by right or through Special Use approval.

Any principal use that is not shown on the Principal Use Tables in Article 2 of this Zoning Ordinance is specifically prohibited. This Section is not intended to list every prohibited use in the city but to ensure certain uses are prohibited in the event there is any question when interpreting the Principal Use Tables.

(a)

Section 302 identifies restrictions and requirements that apply to specific principal uses.

(b)

Where a use in this Section is required to have an Administrative Permit, see Article 8 for related procedural requirements.

(c)

See also Article 4 for development standards that apply to all lots and principal structures by zoning district. Where this a conflict between Article 4 and Article 3, the requirements in this Article shall apply, with the exception that standards for Large Scale Development in Article 4 shall apply where there are conflicts with this Article.

(d)

See also Article 5 for development standards that apply within overlay districts. Where this a conflict between Article 5 and this Article, the requirements in Article 5 shall apply.

(a)

It is the intent of this Section 302.02 to allow certain agricultural-related activities upon approval as a Special Use and in compliance with the development standards below to preserve the nature of agricultural areas. Such uses shall include, but not be limited to, petting zoo, educational tours, dude ranches, picnicking, and pay fishing.

(b)

The following requirements shall apply to agricultural-related activities:

(1)

Minimum lot size shall be five acres.

(2)

Food services may be provided.

(3)

A minimum of 100-foot setback is required from all property lines for activity areas, including parking.

(4)

All structures housing animals shall be set back a minimum of 100 feet from all property lines.

(5)

All parking and access areas must be of an all-weather surface per Sec. 304.01 Event, Special Indoor/Outdoor.

(a)

Lot area shall be a minimum of ten acres.

(b)

The stage shall be located a minimum of 600 feet from adjacent properties zoned for residential use and/or AG-1 districts.

(c)

Permitted curb cut access shall be only from an arterial street.

(d)

A minimum 100-foot buffer and ten-foot improvement setback shall be provided adjacent to residential districts, property zoned for residential use zoning or development or AG-1 districts.

(e)

A minimum 50-foot buffer and ten-foot improvement setback shall be provided adjacent to non-residential districts zoning or development.

(f)

A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at the property lines of adjacent residential districts and/or AG-1 districts.

(g)

A minimum of eight-foot high fencing shall be provided adjacent to properties zoned for residential use or AG-1 districts.

(h)

The hours of operation of the facility shall be limited to 8:00 a.m. to 11:00 p.m. when adjacent to properties zoned for residential use and/or AG-1 districts.

(i)

Facilities must be served by public sewer.

(j)

Provide per the following chart a minimum distance separation between the nearest property line of the proposed amphitheater and the nearest property line of an amphitheater with frontage on the same road(s) as the proposed facility:

^{*Source: Georgia Department of Transportation Division of Planning}

Buildings used for housing animals must be at least 100 feet from all property lines.

(a)

Vehicles must be serviced and stored within the footprint of the building or at the rear of the structure but outside of any minimum yard. Vehicles must be totally screened from all property lines by a 100 percent opaque fence or wall together with landscape strips and buffers as specified by Article 4.

(b)

The outside storage of unlicensed and unregistered vehicles is prohibited.

(a)

A minimum of two guest rooms and a maximum of five guest rooms are allowed.

(b)

No parking shall be allowed in the minimum front yard.

(c)

The bed and breakfast shall be owner occupied.

(d)

Breakfast shall be the only meal served and shall be included in the charge for the room.

(e)

Permitted curb cut access shall not be from a local street.

(f)

Parking requirements shall be the same as hotel/motel as specified in Article 6.

(g)

Exterior signs shall be limited to four square feet in surface area and four feet in height.

(a)

Permitted curb cut access shall be only from a major thoroughfare, unless in conjunction with a place of worship.

(b)

No building shall be located within 50 feet of a residential district and/or AG-1 district.

(c)

All structures, including graves, shall meet the minimum yard setbacks or ten feet, whichever is greater.

(d)

If located adjacent to a single-family dwelling district and/or AG-1 district, the minimum buffers and landscape strips required for the O-I district as specified in Article 4 of this Ordinance shall be required.

(a)

All buildings and use areas/structures other than parking and pedestrian walkways shall be located at least 100 feet from any adjoining residential district and/or AG-1 district.

(b)

Any associated day care centers, private schools, recreational fields, minister's and caretaker's residences, and others uses that are subject to requirements in this Article shall meet said requirements, unless modified under conditions approved with a Special Use approval for the church.

(c)

No parking shall be located within the minimum front yard setback.

(d)

The minimum buffers and landscape strips required for the O-I zoning district as specified in Article 4 of this Ordinance shall be required.

(e)

Facilities must be served by public sewer.

(a)

Outdoor commercial amusements include, but are not limited to: amusement parks, bungee jumping parks, skateboard parks, batting cages, miniature golf, and drive-in theaters. See Section 302.13 for driving ranges.

(b)

Permitted curb cut access shall be derived only from arterial streets.

(c)

A minimum 100-foot buffer and ten-foot improvement setback shall be provided adjacent to residential districts and/or AG-1 districts.

(d)

A minimum 50-foot buffer and ten-foot improvement setback shall be provided adjacent to non-residential zoning or development districts.

(e)

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

(f)

A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts and/or AG-1.

(g)

Fencing that is eight feet in height shall be provided adjacent to any residential district and/or AG-1 district and interior to any required landscape strips or buffers.

(h)

The hours of operation of the facility shall be limited to 8:00 a.m. to 11:00 p.m. adjacent to residential districts and/or AG-1.

(i)

All recreational structures and activities shall maintain a minimum setback of 100 feet from any public right-of-way.

(j)

The height limits of the zoning district shall apply to all recreational structures unless a variance to exceed the height is granted.

(k)

Central loudspeakers shall be prohibited unless allowed under conditions Special Use approval by City Council.

(l)

See also Article 4 of this Zoning Ordinance for applicable lighting standards.

(m)

Facilities must be served by public sewer.

(n)

Provide per the following chart a minimum distance separation between the nearest property line of the proposed outdoor commercial amusement and the nearest property line of an outdoor commercial amusement with frontage on the same road(s) as the proposed facility:

^{*Source: Georgia Department of Transportation Division of Planning}

(a)

A non-profit entity organized for a social, educational or recreational use normally involving community centers, public swimming pools and/or public recreational courts, civic clubhouses, lodge halls, fraternal organizations, country clubs and similar facilities is herein defined as a club. A club shall not be considered a nightclub, private club or bar.

(b)

All buildings and accessory uses other than parking shall be located at least 50 feet from all property lines of any residential district and/or AG-1 district used for single-family.

(c)

Permitted curb cut access shall not be from a local street.

(d)

Outdoor facilities within 200 feet of any residential district or dwelling shall limit the hours of operation from 8:00 a.m. to 11:00 p.m.

(e)

Outdoor recreational facilities shall be set back a minimum of 100 feet from all property lines of any residential district and/or AG-1 district, except as otherwise permitted with an Administrative Permit for recreational court or swimming pool.

(a)

Lot area shall be a minimum of five acres.

(b)

A minimum of six guest rooms and a maximum of 30 rooms are permitted. (See Sec.302.05, Bed and Breakfast, for less than six guest rooms).

(c)

The country inn shall be owner occupied.

(d)

Permitted curb cut access shall be from a minor collector or higher road classification.

(e)

The establishment may provide meal services to guests.

(f)

Parking shall not be allowed within the minimum front yard setback.

(g)

The minimum landscape strip and buffer requirements for the O-I zoning district as specified in Article 4 of this Ordinance shall be required.

(h)

Exterior signs shall be limited to one sign of not more than nine square feet and no more than four feet in height.

(i)

Parking requirements shall be the same as hotel/motel as specified in Article 6.

(a)

Facility shall be for seven or more children, excluding staff.

(b)

Minimum landscape strips, buffers and improvement setbacks shall be provided as specified for the O-I zoning district in Article 4 of this Ordinance.

(c)

A minimum six-foot high opaque fence interior to any required landscape strips and/or buffers around the periphery of the yard used for the play area shall be installed.

(d)

Play areas shall be located within the rear or side yards.

(e)

The hours of operation shall be limited to Monday through Friday from 6:00 a.m. to 7:00 p.m., except where extended hours are approved by a special use permit voted on by city council.

(f)

No parking shall be allowed in the minimum front yard setback.

(g)

Driveway design shall permit vehicles to exit the property in a forward direction.

(h)

In accordance with Article 8, submit a Noise Study Report as required.

(i)

Facilities must be served by public sewer.

(j)

A day care facility in the MHP zoning district may be allowed as an accessory use if part of an approved development plan (see also Article 4 for requirements).

(k)

Provide per the following chart a minimum distance separation between the nearest property line of the proposed day care and the nearest property line of a day care with frontage on the same road(s) as the proposed facility:

^{*Source: Georgia Department of Transportation, Division of Planning.}

(Ord. No. 2021-024, § 1, 10-26-2021)

(a)

Lot area shall be a minimum of ten acres.

(b)

Permitted curb cut access shall be from a major collector or arterial.

(c)

Loudspeakers/paging systems are prohibited unless allowed under conditions of Special Use approval by City Council.

(d)

The hours of operation shall be limited to the time period of 8:00 a.m. to 11:00 p.m. adjacent to residential zoning districts and/or AG-1 zoning districts.

(e)

Central loudspeakers shall be prohibited unless allowed under conditions of Special Use approval by City Council.

(f)

See also Article 4 of this Zoning Ordinance for applicable lighting standards.

(a)

The use shall be limited to the fabrication and wholesale distribution of blankets, saddles, halters, and other similar garments.

(b)

All fabrication and storage associated with the allowed use shall occur entirely within a completely enclosed building.

(a)

Excluding those with frontage on Fulton Industrial Boulevard. gas stations shall be separated by a minimum of three miles from other gas stations. Separation distance shall be measured in a straight line from the property line of said stations.

(b)

Gas stations shall not be located within 1,000 ft of residential uses and/or mixed-use districts that include residential development.

(Ord. No. 2021-033, § 1, 12-21-21)

(a)

A minimum 100-foot setback for all buildings and parking areas shall be provided adjacent to any residential zoning district and/or AG-1 zoning district.

(b)

Driving range, tees, greens and fairways shall be required to have a 100-foot setback from minor, arterial, and major collector roads.

(c)

Permitted curb cut access shall be from a major thoroughfare unless shown on the approved preliminary plat of a single-family subdivision.

(d)

When located outside a golf course/subdivision development, a minimum 50-foot wide buffer and a ten-foot improvement setback shall be provided adjacent to all buildings and parking areas when said facilities are located adjacent to any residential zoning district and/or AG-1 zoning district.

(e)

A minimum 25-foot buffer and a ten-foot improvement setback shall be provided adjoining any residential zoning district and/or AG-1 zoning district located outside the golf course development or any associated development.

(f)

When located adjacent to any residential zoning district and/or AG-1 zoning district, the hours of operation shall be limited to 8:00 a.m. to 11:00 p.m.

(g)

Accessory uses allowed in association with a golf course include a pro shop, driving range, assembly/banquet hall or event center (with or without onsite catering), and a country club or club house that may include swimming pools, tennis and other recreational courts, and food service and personal services for members.

(Ord. No. 2025-018, § 1, 7-22-2025)

(a)

Facilities shall be for five persons or more.

(b)

Permitted curb cut access shall not be allowed from a local street.

(c)

The minimum landscape strips and buffers required for the O-I zoning district as specified in Article 4 of this Ordinance shall be provided.

(d)

Parking shall not be allowed within the minimum front yard.

(e)

Facility shall comply with applicable local, state, and federal regulations and provide Department of Community Development and Regulatory Affairs with the applicable permit prior to the issuance of a certificate of occupancy.

(f)

Facility shall not be located closer than one mile to the nearest property line of another group residence.

(g)

Facilities must be served by public sewer.

(h)

A "family qualified group residence", as defined in Article 9 of this Ordinance, shall comply with applicable federal, state and local licensing requirements and shall not be located closer than ⅛ ^th of a mile to the nearest property line of another family qualified group residence or of a group residence for adults or children.

(a)

Parking shall comply with the requirements of Article 6 for single-family dwellings or applicable conditions of Special Use approval.

(b)

Copies of applicable local, state, and federal permits shall be provided to the Department of Community Development prior to the issuance of a certificate of occupancy.

(c)

Facility shall not be located closer than one mile to the nearest property line of another group residence.

(d)

Facilities must be served by public sewer.

(a)

Facilities shall be for five persons or more.

(b)

Permitted curb cut access shall be from an arterial or a major collector.

(c)

Provide the minimum landscape strips and buffers as required for the O-I zoning district as specified in Article 4 of this Ordinance.

(d)

Provide a 50-foot building setback from all single-family zoning districts or AG-1 zoning districts.

(e)

No parking allowed within the minimum front yard setback.

(f)

Rooms or suites of rooms may be designed with separate kitchen facilities.

(g)

Facility shall comply with applicable local, state, and federal regulations.

(h)

In accordance with Article 8, submit a Noise Study Report as required.

(i)

Facilities must be served by public sewer.

(j)

Provide per the following chart a minimum distance separation between the nearest property line of the proposed hospice/nursing home and the nearest property line of a hospice/nursing home with frontage on the same road(s) as the proposed facility:

^{*Source: Georgia Department of Transportation, Division of Planning}

(a)

In the AG-1 zoning district, the following restrictions shall apply:

(1)

Kennels shall be fully enclosed and at least 100 feet from all property lines; and

(2)

Pens, runs, etc. which are not located in a fully enclosed building shall be at least 200 feet from all property lines.

(b)

In the O-I, MIX, C-1, C-2, M-1, and M-2 zoning districts, an Administrative Permit is required, and all of the activities directly associated with animal treatment shall occur entirely within a completely enclosed soundproof structure.

(a)

Minimum one-acre lot size is required.

(b)

Buildings and runs, sun areas, exercise yards, patios or facilities other than parking shall be located at least 100 feet from all property lines and 200 feet from any single-family zoning district and/or AG-1 zoning district.

The following requirements apply to existing landfills:

(a)

No access shall be allowed from local streets.

(b)

Access streets shall be paved and shall be able to withstand maximum load limits established by the State of Georgia as approved by the Director of Public Works.

(c)

The waste disposal boundary of a landfill shall be located at least 500 feet from all property lines except adjacent to the M-1 and M-2 zoning districts.

(d)

A minimum 200-foot buffer and 10-foot improvement setback shall be required along all property lines except public rights-of-way.

(e)

A minimum 50-foot buffer and 10-foot improvement setback shall be required along all public rights-of-way.

(f)

A minimum six-foot high solid fence or wall shall be located on property lines or interior to the required buffers and improvement setbacks.

(g)

Hours of operation shall be limited to 6:00 a.m. to 6:00 p.m., Monday through Saturday.

(h)

The owner shall provide the Director of the Community Development and Regulatory Affairs Department a current copy of all applicable permits from the Georgia Department of Natural Resources upon application for a land disturbance permit.

(i)

Vehicles shall be allowed into a landfill site only if waste is covered to prevent blowing of material from the vehicle.

(j)

The landfill shall be operated in accordance with the Rules of Georgia, Department of Natural Resources, Environmental Protection Division, Chapter 391-3-4 Solid Waste Management, Official Code of Georgia Annotated 12-8-20 Georgia Comprehensive Solid Waste Management Plan, and 40 CFR Part 258 (Subtitle D of RCRA).

The following standards shall apply in the AG-1 zoning district:

(a)

No access shall be allowed from local streets.

(b)

No parking is allowed in the minimum front yard.

(c)

All use areas/structures other than parking and pedestrian walkways shall be located at least 100 feet from any adjoining residential zoning district or AG-1 zoning district.

(d)

Hours of operation shall be limited to 6:00 a.m. to 8:00 p.m.

(e)

The minimum buffers and landscape strips required for the O-I (Office-Institutional) zoning district as specified in Article 4 of this Ordinance shall be required.

(f)

Structure(s) for retail sales shall be limited to 1,000 total gross square feet.

Massage therapy, as defined in Article 9 of this Zoning Ordinance, shall require a City of South Fulton Application for Massage Therapist License.

(a)

Total number of bedrooms or units shall not exceed 20, including staff facilities.

(b)

Rooms or suites of rooms may be designed with separate kitchen facilities.

(c)

Lodging facility shall be located within one mile of a hospital or inpatient clinic.

(d)

Facilities locating in a TR zoning district must have frontage on streets with classifications higher than local streets.

(e)

If located adjacent to a single-family zoning district and/or an AG-1 zoning district, the minimum buffers and landscape strips required for the O-I zoning district as specified in Article 4 shall be required.

(f)

Off-street parking requirements shall be one per living unit plus one per nonresident employee. Parking is not allowed in the front yard setback.

(g)

Exterior signs shall not exceed four square feet in area and four feet in height.

(h)

Facilities must be served by public sewer.

(i)

Provide per the following chart a minimum distance separation between the nearest property line of the proposed medical related housing and the nearest property line of medical related housing with frontage on the same road(s) as the proposed facility:

^{*Source: Georgia Department of Transportation, Division of Planning}

(a)

Permitted curb cut access shall be derived only from arterial streets.

(b)

The hours of operation shall be subject to the City Code of Ordinances and any conditions adopted by City Council as part of the Special Use approval.

(c)

All facilities must close and clear their premises, including all exterior and parking lot areas, of patrons within 30 minutes after the set ending time for alcohol sales.

(d)

All music and entertainment activities associated with the use shall occur entirely within a completely enclosed soundproof structure.

(e)

A sound level of 65 dBA shall not be exceeded at the property line of any adjacent residential zoning or use.

(f)

Outdoor gathering areas for patrons other than parking shall be limited to 15 percent of the gross floor area of the venue. No outdoor gathering area for patrons' use other than parking shall be allowed if the property is adjacent to a residential zoning or use.

(g)

Alcoholic and non-alcoholic beverages shall not be "for sale" outside the interior (heated and/or cooled) areas of the nightclub/private club.

(h)

Entertainment, DJ booths, outdoor loudspeakers and dancing are prohibited in all outdoor areas.

(i)

All parking for the venue shall be provided onsite and meet the minimum standard of ten parking spaces per 1,000 gross square feet of building area.

(j)

Shared and/or offsite parking are prohibited.

(k)

Parking shall be setback a minimum of 50 feet from a property line adjacent to a residential zoning or use.

(l)

Facilities must be served by public sewer.

(m)

Provide a minimum distance separation of 600 feet as measured from each property line of a daycare use.

(n)

Provide per the following chart a minimum distance separation as measured from each property line of a nightclub/private club.

^{*Source: Georgia Department of Transportation, Division of Planning}

The following requirements shall apply in residential zoning districts:

(a)

Curb cut access shall be from an arterial or a major collector with the exception that curb cut access may be allowed from a minor collector if within 1,000 feet of the property line of an institutional use.

(b)

A 50-foot building setback from single-family zoning districts and/or AG-1 zoning districts shall be provided.

(c)

No parking shall be allowed in the minimum front yard setback.

(d)

The minimum parking spaces provided shall be in conformance with health care facilities per Article 6.

(e)

Provide landscape strips and buffers as required in the O-I zoning district as specified in Article 4.

(f)

Rooms or suites of rooms may be designed with separate kitchen facilities.

(g)

Facility shall comply with all applicable local, state, and federal regulations, and provide applicable permits to the Department of Community Development and Regulatory Affairs prior to the issuance of a Certificate of Occupancy.

(h)

In accordance with Article 8, submit a Noise Study Report as required.

(i)

Facilities must be served by public sewer.

(j)

Provide a minimum distance separation of one mile between the nearest property line of the proposed personal care home/assisted living facility and the nearest property line of an existing personal care home/assisted living facility with frontage on the same road(s) as the proposed facility.

The following requirements shall apply to existing facilities:

(a)

A minimum 200-foot wide buffer and ten-foot improvement setback shall be provided adjacent to any property zoned other than M-1 and M-2 and from any property used for residential purposes.

(b)

A minimum 100-foot wide buffer and ten-foot improvement setback shall be provided adjacent to property zoned M-1 and/or M-2.

(c)

Permitted curb cut access shall be from a major thoroughfare.

(d)

Fencing shall be in accordance with American Correction Institute standards and located interior to required buffers and improvement setbacks.

(e)

Lighting shall be in accordance with American Correction Institute standards and the lighting standards set forth in this Zoning Ordinance. The more restrictive standards shall apply.

(f)

Facility shall comply with all applicable local, state, and federal regulations.

The following requirements shall apply to existing facilities:

(a)

There shall not include any expanded use within the parcel boundaries of an existing site or location.

(b)

All activities of a quarry and/or surface mining shall be in compliance with the Georgia Blasting Standards Act of 1978, the 1968 Georgia Surface Mining Act and the U.S. Bureau of Mines RI 8507, or latest effective laws and regulations.

Lodges, retreats and/or campground facilities to include lodging and food service for social, educational and/or recreational purposes shall meet the following requirements:

(a)

Minimum lot size shall be ten acres.

(b)

Permitted curb cut access shall not be derived from a local street.

(c)

A minimum 100-foot wide buffer and ten-foot improvement setback are required adjacent to residential zoning districts, AG-1 zoning districts, and adjoining a public street.

(d)

A minimum 50-foot wide buffer and ten-foot improvement setback are required adjacent to all other non-residential zoning districts.

(e)

Length of the stay for all but permanent staff shall not exceed 30 consecutive days.

(f)

Sanitary facilities or trash receptacles shall be located a minimum of 200 feet from any residential zoning district and/or AG-1 zoning district.

(g)

A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential zoning districts and/or AG-1 zoning districts.

(h)

Recreational facilities associated with the use shall be for staff and guests only.

(i)

One parking space per lodging unit or five per 1,000 square feet of floor area, whichever is greater.

(j)

Facilities must be served by public sewer.

(k)

Provide per the following chart a minimum distance separation between the nearest property line of the proposed lodge, retreat or campground and the nearest property line of a lodge, retreat or campground with frontage on the same road(s) as the proposed facility:

^{*Source: Georgia Department of Transportation, Division of Planning}

(a)

Curb cut access shall not be from a local street.

(b)

A minimum 50-foot buffer and ten-foot improvement setback shall be provided adjacent to residential zoning districts and/or AG-1 zoning districts.

(c)

Loudspeakers/paging systems are prohibited adjacent to residentially used property, residential zoning districts, and AG-1 zoning districts.

(d)

The hours of operation shall be limited to daylight hours when said facility is located adjacent to residential zoning districts and/or AG-1 zoning districts.

(e)

Concession stands, storage buildings, restrooms, seating areas, parking and other accessory structures shall be located a minimum of 100 feet from any residential zoning district and/or AG-1 zoning district.

The following requirements shall apply to existing courts:

(a)

Recreational courts, accessory structures, fencing, and parking shall be located a minimum of 100 feet from all property lines which abut single-family residential uses. Adjacent to all other zonings and uses, the zoning district setback requirements shall apply.

(b)

Sources of exterior illumination shall be directed away from adjoining residences and shall not exceed 1.2-foot candles along an adjoining residential property line. Outdoor lighting of recreation facilities in or adjoining residential zoning districts or uses shall be used only between dusk and 11:00 p.m.

(c)

A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential zoning districts and/or AG-1 zoning districts used for single family.

(a)

Hours of operation shall be limited to a period from 7:00 a.m. to 8:00 p.m., Monday through Saturday.

(b)

No portion of a new recycling facility shall be located within a three-mile radius of the property lines of an existing recycling facility.

(c)

A minimum 200-foot buffer and ten-foot improvement setback shall be required along all property lines except public rights-of-way.

(d)

A minimum 50-foot buffer and ten-foot improvement setback shall be required along all public rights-of-way.

(e)

All recyclable materials shall be stored in containers with no stockpiling outside the containers.

(f)

Collection, storage containers, or receptacles shall not be allowed in minimum yards.

(g)

Storage shall be screened with a six-foot high, solid wall or fence, including access gates.

(h)

The processing of recyclable materials must be done within an enclosed building.

(i)

Driveways shall be designed so vehicles will exit the facility in a forward direction.

(j)

A maximum continuous sound level of 65 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential zoning districts and/or AG-1 zoning districts.

(k)

The recycling center shall comply with regulations administered by the Fulton County Board of Health.

(l)

In accordance with Article 8, submit an Environmental Impact Report (EIR) as required.

(a)

Relocated residential structures require an Administrative Permit.

(b)

The applicant shall include the following with the application for the Administrative Permit:

(1)

The address from which the structure is being relocated.

(2)

A photograph of the structure prior to its relocation.

(3)

The total heated floor area of both the existing structure and the renovated structure.

(4)

A copy of the Oversize Permit approved by the Georgia Department of Public Safety and any other permits required by the Georgia Department of Transportation.

(5)

Information that may be required by local utilities and city departments, including but not limited to the South Fulton Public Works Department.

(c)

The location of the structure and the heated floor area of the structure shall be in compliance with the minimum standards of the zoning district and/or conditions of zoning.

(d)

The residential structure shall be affixed to a permanent foundation within six months of the date of the house moving permit, and the certificate of occupancy shall not be issued until such improvements are completed.

(e)

A building permit for the repair and construction of said structure shall be obtained within 30 days of this Administrative Permit issuance.

(f)

The exterior of the structure shall be brought into compliance with the International Building Code within six months of the issuance of this Administrative Permit.

(g)

Prior to occupancy, a certificate of occupancy must be obtained from the Department of Community Development and Regulatory Affairs.

(a)

No portion of a property proposed to be zoned to a residential zoning district shall be located within a one-mile radius of the property lines of an existing active landfill.

(b)

No portion of a property proposed to be zoned to a residential zoning district shall be located within a one-mile radius of the property lines of an existing active transfer station.

(c)

No portion of a property proposed to be zoned to a residential zoning district shall be located within a one-mile radius of the property lines of an existing active prison or correctional facility.

(d)

No portion of a property proposed to be zoned to a residential zoning district shall be located within a 1.5-mile radius of the property lines of an existing active quarry.

(e)

No portion of a property proposed to be zoned to a residential zoning district shall be located within a 500-foot radius of the property lines of an existing active surface mining site. Surface mining is defined as specified in O.C.G.A § 12-4-72.

(f)

Any existing legal residential lot of record located within the radius requirements of Section 302.35(a), (b), (d) and (e) above that does not change use or zoning classification is exempt from the requirements of this Section.

(g)

Any owner of property located within a one-mile radius of the property lines of an existing active landfill or existing active transfer station or within a 1.5 mile radius of the property line of an existing active quarry, shall, prior to the sale or transfer of said property, notify and disclose in writing the existence of the landfill, transfer station, or quarry to the potential owner or transferee.

(a)

Riding stables shall be at least 100 feet from all property lines.

(b)

The lot on which a riding stable is located shall not be less than ten acres in size.

(a)

Minimum lot area shall be one acre.

(b)

If located adjacent to a single-family zoning district and/or AG-1 zoning district, the minimum landscape strips, buffers, and improvement setbacks required for the O-1 zoning district as specified in Article 4 shall be required.

(c)

Buildings, and refuse areas shall not be located within 100 feet of a residential zoning district and/or AG-1 zoning district.

(d)

Active outdoor recreation areas shall not be located within 100 feet of an adjoining residential zoning district or use. The requirements of Section 302.31 Recreational Fields and Youth Sport Team Fields. shall also apply, unless modified under conditions approved with the Special Use approval for the school.

(e)

Day care facilities in association with the school shall meet the requirements of Section 302.12 Day Care Facility.

(f)

Parking areas shall not be located within 50 feet of any residential zoning district and/or AG-1.

(g)

Student drop-off and vehicular turn-around facilities shall be provided on the site so that vehicles may re-enter the public street in a forward manner.

(h)

Permitted curb cut access shall not be from a local street.

(i)

In accordance with Article 8, submit a Noise Study Report as required.

(j)

Facilities must be served by public sewer.

(k)

Provide a 600-foot distance separation measured by the most direct route of travel on the ground between the property line of a school and any business that is licensed for the sale or consumption of liquor, wine and malt beverages; a 300-foot distance separation from those businesses that are licensed for consumption or wholesale/retail sales of wine and malt beverages only.

(l)

Provide per the following chart a minimum distance separation between the nearest property line of the proposed private or special school facility and the nearest property line of an existing private of special school facility with frontage on the same road(s) as the proposed facility.

(a)

The storage facility shall be climate-controlled.

(b)

At least 75 percent of the total on-site storage space shall be contained in individual enclosed stalls containing no more than 500 square feet each and being no more than ten feet high.

(c)

No activities other than the dead storage or transfer of nonvolatile goods or leasing of storage space are allowed. Prohibited uses include but are not limited to miscellaneous sales; fabrication or repair of vehicles, equipment or other goods; transfer-storage business based on site; residential uses (other than the resident manager's apartment), or any use which creates a nuisance due to noise, odor, dust, light or electrical interference.

(d)

An on-site manager or resident manager shall be required and shall be responsible for the operation of the facility in conformance with conditions of approval. A resident manager's apartment will be authorized upon Special Use approval for the self-storage facility.

(e)

Provide a minimum six-foot high, 100 percent opaque solid wooden fence or masonry wall along the entire length (except for approved access crossings) of all property lines. Said fence/wall shall be located outside of any public right-of-way and interior to any required landscape strips or buffers.

(f)

A new or expanded self-storage facility shall be located a minimum of 1,500 feet from the boundary of any other self-storage facility (mini or multi).

(a)

The storage facility shall be climate-controlled.

(b)

No outside storage shall be allowed, including vehicle leasing.

(c)

All buildings shall have windows or architectural treatments that appear as windows.

(d)

No activities other than the dead storage or transfer of nonvolatile goods or leasing of storage space are allowed. Prohibited uses include but are not limited to miscellaneous sales; fabrication or repair of vehicles, equipment or other goods; transfer-storage business based on site; residential uses (other than the resident manager's apartment), or any use which creates a nuisance due to noise, odor, dust, light or electrical interference.

(e)

Curb cut access shall not be from a local street.

(f)

A new or expanded self-storage facility shall be located a minimum of 1,500 feet from the boundary of any other self-storage facility (mini or multi).

Sexually oriented businesses, as defined in Title 12, Chapter 1 Sexually Oriented Businesses in the City Code of Ordinances, shall meet the following requirements:

(a)

Businesses shall be located in accordance with Section 12-1018Spacing Requirements of Title 12, Chapter 1 of the City Code of Ordinances.

(b)

Permitted curb cut access shall be from a major thoroughfare.

(c)

The minimum landscape areas required for the O-I zoning district as specified in Article 4 shall be required. Where buffers are required, the underlying zoning district buffer standards shall apply.

(d)

Building shall be located a minimum of 50 feet from all property lines.

(e)

Parking spaces at a ratio of ten per 1,000 gross square feet of floor space shall be provided, with the exception that parking spaces at a ratio of five per 1,000 gross square feet of floor area shall be provided for adult bookstores and adult video stores.

(f)

Signs displaying words, characters, and/or illustrations of an obscene, indecent or immoral nature as defined by the City Code of Ordinances or as defined by the State of Georgia at O.C.G.A. Section 16-12-80(b), or displaying nudity as defined by the State of Georgia at O.C.G.A. Section 16-12-81(b)(1), shall be prohibited.

(g)

No business activity shall be visible from outside the structure.

(h)

No final land disturbance permit, building permit, or certificate of occupancy may be issued until the approved South Fulton Sexually Oriented Business License is filed with the Director of Community Development and Regulatory Affairs.

The nearest property line of a proposed small box discount store, as defined in Article 9 of this Ordinance, shall be separated a minimum distance of one mile from the nearest property line of an existing small box discount store.

(a)

Vehicular access is prohibited from a local street.

(b)

A minimum 200-foot buffer and 10-foot improvement setback shall be provided along all property lines adjacent to residential and AG-1 zoned properties.

(c)

The hours of operation shall be limited to 8:00 a.m. to 11:00 p.m. adjacent to residential and AG-1 zoned properties.

(d)

A 100-foot setback along any public right-of-way is required for all structures and activities.

(e)

The height limit of the zoning district shall apply to all structures unless a variance to exceed zoning district maximum height is granted.

(a)

Pools operated as a club (except clubs serving residential developments) or pools operated as a business are defined herein as public pools.

(b)

Public swimming pools shall require a Swimming Pool Permit from the Department of Community Development and Regulatory Affairs.

(c)

Pools, pool equipment, decks, and parking shall be located a minimum of 100 feet from all property lines which abut single family residential uses.

(d)

Sources of exterior illumination shall be directed away from adjoining residences and shall not exceed 1.2-foot candles along an adjoining residential property line. Outdoor lighting of recreation facilities in or adjoining residential zoning districts or uses shall be allowed only between dusk and 11:00 p.m.

(e)

A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines adjacent to single family residential uses.

A transfer station must comply with the "Rules of the Georgia Department of Natural Resources, Environmental Protection Division, § 391-3-4, Solid Waste Management," effective June 27, 1993, and as amended.

The following conditions must be met:

(a)

A plat and legal description shall be provided to the Director of Community Development and Regulatory Affairs along with the Special Use permit application. The applicant shall submit to the city the design and operation plans of the transfer station facility once they are approved by the state.

(b)

No access shall be allowed from local roads or minor arterials, as defined in this Ordinance.

(c)

Access streets shall be paved and shall be able to withstand maximum load limits established by the State of Georgia as approved by the Director of Public Works. A stop sign shall be erected and maintained by the owner/operator at all egress roads from the transfer station. Under no circumstances shall trucks use private drives or private access routes to or from the applicants' property that are within 300 feet of any residence.

(d)

Truck traffic shall be restricted to roads of sufficient strength and width, with either a turning lane or four lanes.

(e)

No portion of a new transfer station shall be located within a three-mile radius of the property lines of an existing transfer station.

(f)

The facility shall not be located within one mile of a significant groundwater recharge area nor within one mile upgradient of any water supply watershed nor within 500 feet of a wetland nor in the 100-year floodplain nor in seismic impact zones nor in unstable areas nor within 400 feet of a fault that has had displacement in Holocene time.

(g)

Such facility shall not be situated within one mile upgradient of any surface water intake for a public water drinking water source.

(h)

The site shall be graded and drained to minimize runoff onto and from the transfer station surface, to prevent erosion and contamination.

(i)

The applicant shall follow all applicable federal and state laws and city regulations so as to prevent air, land and water pollution, public health hazards or nuisances.

(j)

Rodents and insects shall be controlled to meet industry standards.

(k)

The applicant shall submit to the city the design and operation plans of the transfer station facility once they are approved by the state.

(l)

The limits of any 100-year floodplain or a stream buffer of 500 feet, whichever is greater, shall be preserved as natural, undisturbed area except for approved perpendicular access and utility crossings.

(m)

No transfer station area shall interfere with the established natural flow of surface waters to the detriment or damage to adjoining public or private properties. The mayor and council shall have the right to require an applicant to construct adequate sediment basins if it appears that substantial water or sediment may be carried into any nearby property or state waters.

(n)

A minimum 200-foot buffer and ten-foot improvement setback shall be required along all property lines except public rights-of-way.

(o)

A minimum 50-foot buffer and ten-foot improvement setback shall be required along all public rights-of-way.

(p)

A minimum six-foot high solid fence or wall shall be located on property lines or interior to the required buffers and improvement setbacks.

(q)

Limit hours of operation from 6:00 a.m. to 6:00 p.m., Monday through Saturday. A sign clearly indicating the hours of operation and prohibiting waste transfer at all other times shall be placed in a conspicuous location at the entrance. Qualified personnel shall be on duty at all times to direct all operations and activities. All such personnel shall reside in close enough proximity to respond in the event of a fire.

(r)

The owner shall provide the Director of Community Development and Regulatory Affairs current copy of all applicable permits from the State of Georgia upon application for a land disturbance permit.

(s)

In accordance with Article 8, submit an Environmental Impact Report as required.

(t)

No portion of a new or expanded solid waste transfer station shall be located within a three-mile radius of the property lines of a residentially zoned or used property. An expanded solid waste transfer station shall not include any expanded use within the parcel boundaries of an existing site or location.

(u)

Transfer stations shall be sited and operated in accordance with State Regulations 391-3-4.06 Permit by Rule for Collection, Transportation, Processing, and Disposal, Official Code of Georgia Annotated 12-8-20 Georgia Comprehensive Solid Waste Management Act (as amended), South Fulton Solid Waste Management Plan, and Waste Transfer Stations: A Manual for Decision-Making (EPA 530-R-02-002, June 2002).

(Ord. No. 2022-035, § 1, 9-27-2022)

(a)

Utility substations (telephone, electric, or gas, etc.) require an Administrative Permit.

(b)

Utility substations measuring less than 35 square feet and less than five feet in height from finished grade are exempt from these regulations.

(c)

All substation structures shall be contained within the boundaries of the subject parcel and meet the minimum development standards of the zoning district unless otherwise required in this article section.

(d)

Minimum setback of all utility structures from a residential structure shall be:

(1)

Electric — 200 feet.

(2)

Gas and telephone — the applicable minimum setback for the zoning district in which located.

(e)

A minimum ten-foot wide landscape strip planted to buffer standards shall be required around the perimeter of all utility sites except along lines where buffers are required.

(f)

For electric substations, a minimum 50-foot wide replanted or natural buffer shall be provided adjacent to the property lines of any residential zoning district and/or AG-1 zoning district.

(g)

Interior to landscape strips or buffers that do not accomplish 100 percent visual screening as defined in the tree preservation ordinance, provide an eight-foot high opaque fence or, masonry wall, a minimum four-foot high landscaped earthen berm, a vegetative screen or some combination thereof, subject to the approval of the Department of Community Development and Regulatory Affairs.

(h)

Structures shall be enclosed by a security fence at least eight feet high.

(a)

In the AG-1 zoning district, the following restrictions shall apply:

(1)

Buildings housing animals shall be fully enclosed and at least 100 feet from all property lines.

(2)

Pens, runs, etc. which are not located in a fully enclosed building are at least 200 feet from all property lines.

(b)

In the O-I, MIX, C-1, C-2, M-1, and M-2 zoning districts, an Administrative Permit is required, and all of the activities directly associated with animal treatment shall occur entirely within a completely enclosed soundproof structure.

(a)

Definitions.

(1)

Event. An event consists of a celebration, reception, party, concert, holiday gathering, family gathering, corporate function, general gathering, birthday party, retirement event, employee appreciation event, wedding, wedding reception, anniversary celebration, funeral, and other similar parties, receptions, and events. An event does not include retail sales, amphitheaters, rodeos, circuses, or similar public events.

(2)

Assembly/banquet hall or event center. An assembly/banquet hall or event center is a commercial building or facility where events are permitted to occur under this article. Any such center shall be a permanent structure (and not a temporary structure) which meets all local and state-wide building codes which are applicable to the type of commercial building to be used as an event center. An event center building or facility, or the portion of a building or facility utilized as an event center, shall consist of not less than 4,200 square feet and not more than 10,000 square feet. No residential structure shall be considered to be an event center. An event center may host either public events or private events. An event center shall be open only for scheduled event-based operations.

(3)

Private event. A private event is an event held under this article which is an invitation-only event.

(4)

Public event. A public event is an event held under this article where the public is invited or allowed to attend. For purposes of this article, an event for which tickets or other evidence of authority to attend the event are required for persons in attendance at the event, whether such tickets are purchased or distributed without any cost or consideration, shall be considered to be a public event.

(b)

The owner of an assembly/banquet hall or event center shall be required to obtain an occupation tax certificate for the operation of the event center under tite 2 of the Code of Ordinances of the city. A separate business license shall be required for each event center within the corporate limits of the city. The fees for business licenses for an event center shall be as provided in the City Code.

(c)

The interior and exterior of the events center, and all areas of the property used for the event, shall be well-lighted at all times during any event held at the events center.

(d)

An event center shall not authorize the consumption or serving of alcoholic beverages later than is authorized under Section 16-5005 of the City Code and shall not operate or remain open after 2:00 a.m.

(e)

The noise level emanating from an event center shall not violate the provisions of Section 6-3003 of the City Code.

(f)

If the event is host to 300 or more persons, the owner of an event center, or the manager thereof, shall notify the City Police Department at least 72 hours in advance of any event occurring at the event center so that the police department can be available to direct and manage traffic flow to and from the event center before and after each event. The event center shall either hire and compensate private security or hire and provide compensation to at least two off-duty POST-certified law enforcement officers to provide security at each event center where it is anticipated that the number of persons in attendance at an event is likely to exceed 100 persons. The owner of the event center, each employee of the event center, and all attendees to events at the event center, shall comply with all lawful orders of the police department, the city fire and emergency services department, the county sheriffs department and all other law enforcement officers regarding activities and compliance with state law or local ordinances during any event at the event center.

(g)

No event center shall be authorized to exceed capacity limitations with respect to the event center as established by the city fire marshal pursuant to applicable regulations.

(h)

No alcoholic beverages may be consumed or served at a public event or a private event held at an event center except as provided in Section 16-7007 or Section 17-9007 of the City Code.

(Ord. No. 2024-007, § 2, 4-23-2024)

(a)

The definitions contained in Section 302.47 shall apply to this Section.

(b)

The provisions of this section shall apply only to assembly/banquet halls and event centers in AG-1 (Agricultural) zoning districts, as defined in Appendix C (Zoning) and as shown upon the Official Zoning Map of the City of South Fulton, Georgia.

(c)

The minimum size of the site for an assembly/banquet hall or event center shall be 50 contiguous acres of land under common ownership and control of the applicant.

(d)

No parking associated with an assembly/banquet hall or event center shall be located less than 100 feet from a road and 200 feet from any residential structure and shall be adequately screened from neighboring residences. If the regulation of traffic on public roads shall be necessary, such regulation shall only be done by law enforcement personnel. The cost of traffic regulation shall fully be paid for by the assembly/banquet hall or event center.

(e)

All structures utilized for events, including tents and other temporary enclosures, shall be inspected and approved prior to use by the Building Official, at least each time such structure is erected, and each structure shall have a certificate of occupancy for its intended use.

(Ord. No. 2024-007, § 3, 4-23-2024)

(a)

Minimum lot area shall be 20 acres.

(b)

Transitional height restrictions. Where a data center use adjoins property that is used for single-family residential purposes, the height of such data center use shall be limited to 40 vertical feet for a horizontal distance of 100 feet as measured from the common property line.

(c)

Landscape strip. Where a data center use adjoins a public road, a planted landscape strip 50 feet wide shall be provided adjacent to the existing or dedicated right-of-way. Natural topography and existing vegetation, supplemented with new evergreen vegetation as needed, may be substituted for landscaping when found by the Director to provide appropriate screening.

(d)

Buffer. Where a data center use adjoins property that is used for residential purposes a buffer subject to the following requirements shall be required:

(1)

Minimum Buffer Width: 100 feet.

(2)

Vegetation. Where a buffer is required, the first 25 feet along the property line shall remain in an undisturbed, natural state, except for approved fencing, access and utility improvements. The remaining buffer may be disturbed and graded. If the buffer is disturbed, a minimum of three rows of evergreen shrubs at least four feet in height at planting shall be planted within the area of disturbance as needed to provide screening.

(e)

Building facades.

(1)

Building facades that face adjacent public roads and exceed a length of 250 feet shall be articulated through changes in the plane of the facade, installation of windows, recessed panels, trellis features, landscaping, wall articulation, arcades, or other features.

(2)

Loading bays located in building facades that face adjacent public roads or adjacent residential uses shall be screened from view.

(3)

Equipment used for cooling, ventilating, or powering the facility, including emergency power generators and other emergency power supply equipment, when located closer to an adjacent public road or adjacent residential use than a principal building, must be contained within an enclosed building or be encompassed on three sides by an opaque barrier extending at least 12 inches in height above the mechanical equipment and screened from view with dense vegetation.

(f)

Lights. Exterior lighting shall be designed and constructed with fully shielded fixtures that direct light downward and into the interior of the property and away from adjacent roads and adjacent properties.

(g)

Maximum sound level.

(1)

Nighttime. Between 11:00 p.m. and 7:00 a.m., the data center shall not generate noise in excess of 55 dB(A) or 10 dB(A) above ambient levels (whichever is more), when measured at the property boundary line shared with a residential use.

(2)

Daytime. Between 7:00 a.m. and 11:00 p.m., the data center shall not generate noise in excess of 65 dB(A) or 10 dB(A) above ambient levels (whichever is more), when measured at the property boundary line shared with a residential use.

(3)

Use of backup generators that exceed the maximum sound levels is permitted during emergency power outages. Testing of backup generators is limited to the hours between 9:00 a.m. and 5:00 p.m.

(h)

Substations. Substations are considered accessory uses to data centers and shall not be located within 300 feet of an adjacent public road. An energy use study shall be completed prior to the issuance of a land disturbance permit.

(i)

Parking. Data centers must provide a minimum parking of three spaces per thousand gross square feet of office space to be occupied within the development.

(Ord. No. 2024-034, § 4, 9-24-2024)

Editor's note— Ord. No. 2024-034, § 4, adopted Sep. 24, 2024, set out provisions intended for use as § 302.47. Inasmuch as there were already provisions so designated, said section has been codified herein as § 302.48 at the discretion of the editor.

(a)

The parking area shall be screened from the view of the public street with an opaque corrugated metal fence or wall minimum of ten feet in height. Chain link and wooden fences along street frontage are prohibited.

(b)

The parking area shall be at least 25 feet from the street right-of-way.

(c)

A ten-foot-wide evergreen landscape buffer shall be planted around the perimeter of the fence along the public street with at least two rows of trees. All trees shall be at least six feet in height and/or two inches in caliber and shall be regularly maintained and watered as necessary. Dead or dying trees shall be promptly replaced. All surfaces between trees shall be mulched.

(d)

Minimum standards of the Georgia Stormwater Management Manual are met in terms of stormwater runoff and water quality and any relevant National Pollutant Discharge Elimination System (NPDES) permit requirements.

(e)

Commercial truck parking lots shall be a minimum of five acres.

(f)

Parking area must be a minimum of 250 feet from the boundaries of any residentially zoned parcel or parcel used for residential purposes.

(Ord. No. 2024-038, § 4, 10-22-2024)

Editor's note— Ord. No. 2024-038, § 4, adopted Oct. 22, 2024, set out provisions intended for use as § 302.48. Inasmuch as there were already provisions so designated, said section has been codified herein as § 302.49 at the discretion of the editor.

(a)

The following Section 303 identifies restrictions that apply to specific accessory uses and structures.

(b)

Except as specifically regulated under this Section, Article 4 establishes setback and height restrictions for accessory buildings and structures.

(a)

Accessory structures customary to a single-family dwelling include outbuildings such as tool sheds, woodsheds, workshops, outdoor kitchens, pool houses, gazebos, storage sheds, detached garages, detached carports, and play equipment.

(b)

A greenhouse accessory to a residential use shall be limited in size to one-third of the floor area of the principal dwelling.

(c)

See Article 4 for setback restrictions.

See Section 302.08(b).

See Section 302.37(d) and Section 302.37(e).

(a)

Accessory retail and service uses shall be located within a building with a majority of the floor area designed for office uses.

(b)

Accessory uses shall be located wholly within the principal buildings, shall be accessed from a lobby, hallway, or other interior portion of the primary use structure, and shall have no outdoor signs nor signs that are visible from the exterior of the building.

(c)

Accessory retail and service uses shall be limited to employee convenience, business-oriented retail, and service establishments such as office supply stores, reproduction and delivery services, snack bars, coffee shops, and the following uses:

(1)

Drug store or pharmacy. Only drugs, prescription medicines, medicinal supplies and pharmaceutical products shall be sold in the accessory use.

(2)

Car wash and detailing services. Car cleaning services may be located inside a parking garage as long as such uses are not visible from the exterior of the parking garage.

(3)

Restaurant.

a.

Restaurants are an allowed accessory use when the floor area of the principal building is at least 100,000 square feet.

b.

Restaurants shall be located wholly within the principal building. Drive-through windows are prohibited.

c.

Fast food restaurants shall be limited to no more than ten percent of the total floor area devoted to allowed accessory uses and shall not occupy more than ten percent of any floor in a building.

d.

The majority of the floor area in the principal building shall be designed for office uses.

(4)

Storage. No more than 25 percent of the total floor area of a building may be devoted to storage.

Car washes accessory to gasoline stations are allowed, provided the car wash is located within an enclosed building that complies with the building setbacks for a principal building.

(a)

An auto emission testing station may be an accessory use to an automotive repair facility or gas station, provided that it is contained within a fully enclosed structure that complies with the setback requirements for a principal building.

(b)

The testing station may be a metal building if constructed with a minimum three-feet high masonry base. No fabric structures may be used.

(a)

Family day care homes are prohibited within multifamily dwelling units.

(b)

Family day care homes shall provide outdoor play areas as required by Georgia law, but such areas shall be limited to side or rear yards outside the minimum yard area and shall not occupy any yard adjoining a street.

(c)

Family day care home shall be located at least 1,000 feet in all directions from any other such use operated as a home occupation.

(d)

Family day care home hours of operation shall be limited to Monday through Saturday from 6:00 a.m. to 7:00 p.m.

(e)

Family day care home operators shall have a current, certified copy of the operator's Georgia Department of Early Care and Learning's license for a Family Child Care Learning Home, which shall be filed with the business license application and renewals.

(a)

No more than one guest house structure per lot may be used for occupancy by relatives, guest(s) or employees that work on the property without payment for rent.

(b)

A separate kitchen facility shall be allowed.

(c)

Heated floor area shall be a minimum of 650 square feet and a maximum of 1500 square feet, with the exception that a guest house may be allowed to be constructed as a 400 square foot maximum Tiny House, as defined in this Ordinance and in accordance with current State Minimum Standard Residential Code(s) with Georgia State Amendments.

(d)

Principal building setbacks shall apply.

(e)

The location shall be limited to the rear yard.

A grocery store may be allowed if part of an approved development plan for the MHP zoning district.

(a)

A home occupation's operation and employees are limited to members of the resident family only.

(b)

The smaller of 25 percent or 750 square feet of the gross floor area of a dwelling unit may be used for activities devoted to the home occupation.

(c)

Accessory buildings and structures may not be used for the home occupation.

(d)

See Article 7 for sign requirements in residential zoning districts.

(e)

There shall there be no storage, display or activity associated with the home occupation visible outside the structure.

(f)

The following uses are prohibited: auto repair or similar operations, restaurants, keeping of animals, funeral homes, retail or wholesale shops, motel type establishments, taxi services, or any other occupation found incompatible with the intent of this Ordinance.

(g)

Resident participants in a home occupation must have the appropriate occupational licensing, including business licenses.

(h)

No home occupation shall generate traffic, sound, smell, vibration, light, or dust that is offensive.

(i)

No more than two clients or patrons are allowed on the premises at the same time in conjunction with the home occupation (except for persons in care at a family day care homes, where no more than six clients are allowed).

(j)

Vehicles kept on site in association with the home occupation shall be used by residents only.

(k)

The transporting of goods by truck is prohibited. Incoming vehicles related to the home occupation shall be parked off-street within the confines of the residential driveway or other on-site permitted parking.

(l)

Home occupations must exclude the use of instruments, machinery or equipment that emit sounds (i.e. musical instruments, sewing machines, saws, drills) that are detectable beyond the unit.

(m)

No home occupation shall be operated so as to create or cause a nuisance.

(n)

See Section 303.06 for Family Day Care Home requirements.

This section shall apply to animals other than animals associated with farming as a principal or accessory use, or with riding stables as a principal use.

(a)

One horse or other member of the horse (equine) family per fenced acre shall be allowed in association with a single-family dwelling or in single-family dwelling zoning districts.

(b)

All structures for the shelter of horses shall be:

(1)

At least 100 feet from the lot line of any residentially zoned or used property; and

(2)

Located within the rear yard, with the exception that stables located on properties having a minimum size of ten acres in the AG-1 zoning district may be placed in any yard upon meeting the minimum building setback requirements of the AG-1 district.

(a)

Outside storage.

(1)

Residential uses or zoning districts including AG-1 used for residential purposes only.

a.

Storage is allowed in side and rear yards only, and must be screened from adjoining residential uses and from streets with an opaque fence or a vegetative screen which complies with Appendix G of the Tree Preservation Ordinance.

b.

Any storage not normally associated with residential use shall be prohibited.

(2)

Outside storage associated with industrial uses or zoning districts.

a.

Outside storage is allowed in rear and side yards only in the M-1 District and in all yards in the M-2 District.

b.

Outside storage shall be located at least 25 feet from any residential property line.

c.

Such storage must be screened, in accordance with Appendix G of the Tree Preservation Ordinance, from neighboring residential uses in all industrial districts and from streets in the M-1 District.

(3)

Outside storage associated with institutional, office and/or commercial uses or districts.

a.

Outside storage is allowed only within rear yards and shall be located at least 25 feet from any residential property line.

b.

Such storage must be screened from neighboring residential uses and streets with an opaque fence or a vegetative screen which complies with Appendix G of the Tree Preservation Ordinance.

(b)

Outside accessory displays.

(1)

Accessory displays for merchandise which is being offered for sale on-premise shall be allowed in the commercial and zoning industrial districts only.

(2)

Such displays may be located in any yard as long as it is not located in a minimum yard.

(3)

Vehicle and similar displays may be located in minimum front yards but may not encroach upon minimum landscape areas.

Whenever parking as required in Article 6 cannot be accomplished in the O-I, C-1, C-2, MIX, M-1, and M-2 zoning districts, shared parking in accordance with this Section may be approved via an Administrative Permit provided:

(a)

If the off-site parking is committed for a specified period of time, the duration of the Administrative Permit shall be limited to the period of time stipulated therein.

(b)

No more than 20 percent of the total parking requirement may be provided off-site via this Administrative Permit.

(c)

The property must be located no more than 300 feet from the principal use with pedestrian access provided between the sites as may be required by the Community Development and Regulatory Affairs Department.

(a)

Private recreational courts not approved as a condition of zoning require an Administrative Permit.

(b)

Detached or duplex dwellings: Recreational courts shall be located in the side or rear yards but shall not be located within a minimum yard.

(c)

Multi-family dwellings: Recreational courts, accessory structures, and fencing shall be located a minimum of 100 feet from any residential building, adjoining property line or street.

(d)

Neighborhood: Recreational courts serving a neighborhood must be located within the limits of the underlying zoning and shall meet the following requirements:

(1)

Use of the recreational courts shall be limited to residents and guests of the neighborhood in which they are located.

(2)

Recreational courts, accessory structures, fencing, and parking shall be located a minimum of 100 feet from all adjoining property lines that are not created through associated subdivision of property in the neighborhood.

(3)

Sources of exterior illumination shall be directed away from adjoining residences and shall not exceed 1.2-foot candles along an adjoining residential property line. Outdoor lighting of recreation facilities in or adjoining residential zoning districts or uses shall be allowed only between dusk and 11:00 p.m.

(4)

A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines adjacent to single family residential uses.

The sale or display of manufactured homes shall be an allowed accessory use in the MHP District as long as each manufactured home offered for sale is located on its individual lot and connected to all utilities.

(a)

Swimming pools shall require a Swimming Pool Permit from the Department of Community Development and Regulatory Affairs.

(b)

Swimming pool enclosure required.

(1)

All swimming pools shall be completely surrounded by an enclosure.

(2)

Such enclosure shall be a fence, wall, or building, to prevent access to the pool by unsupervised children and/or animals.

(3)

The enclosure shall be an effective fence or wall not less than five feet high with self-closing, positive-latching gates provided on the outer side of the deck area.

(4)

The enclosure entrance shall be locked when the pool is not open for use and all surrounding objects or structures must have a separation of five feet from the enclosure to provide an unclimbable space.

(5)

The enclosure shall be in place prior to pool completion. Materials and construction shall comply with the regulations administered by the Fulton County Board of Health.

(c)

Detached Dwellings.

(1)

Swimming pools shall be allowed in side and rear yards of single family dwellings in any district and may also be allowed at the back of the house on a double frontage single family residential lot as approved by the Fulton County Board of Health.

(2)

Pools, pool equipment, and their decks must be a minimum of ten feet from all property lines, except that when perimeter setbacks are required, for example in NUP and TR zoned districts, pools, pool equipment, and decks cannot be located in perimeter setbacks.

(d)

Neighborhood. Swimming pools serving a neighborhood must be located within the limits of the underlying zoning district.

(1)

Use of swimming pools shall be limited to residents and guests of the neighborhood in which they are located.

(2)

Pools, pool equipment, and decks must be located at least 100 feet from all adjoining property lines that are not created through associated subdivision of property in the neighborhood.

(3)

Landscape strips and buffer requirements shall be as specified by Article 4.

(4)

Sources of exterior illumination shall be directed away from adjoining residences and shall not exceed 1.2-foot candles along an adjoining residential property line. Outdoor lighting of recreation facilities in or adjoining residential districts or uses shall be allowed only between dusk and 11:00 p.m.

(5)

A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines adjacent to single family residential uses.

(e)

Multi-family. Swimming pools, pool equipment, accessory structures, and fencing shall be located a minimum of 100 feet from any adjoining property line or street.

Special events in non-residential districts and in residential districts in conjunction with an institutional use, such as a place of worship or a school, or for the benefit of charity such as tours of homes, show houses and the like that are local in nature, marketed only to the local community, and are expected to attract less than 250 attendees at any one time shall meet the following requirements:

(a)

Council approval is required for a proposed special event.

(b)

No more than two Administrative Permits shall be granted per year and no permit shall be effective for more than 14 consecutive days for a single event on the same property. Said permit must be posted on site such that it is visible from the street.

(c)

The hours of operation shall be 8:00 a.m. to 8:00 p.m., Sunday through Thursday and 8:00 a.m. to 10:00 p.m., Friday through Saturday.

(d)

Two copies of a drawing, no larger in size than 11" x 17", with dimensions (distances in feet) of the activity's location from the site's property lines and other minimum distance requirements as specified by this Section shall be submitted to the Department of Community Development and Regulatory Affairs for approval. Said drawing shall also depict north arrow, curb cuts and traffic patterns.

(e)

The applicant shall provide a notarized written permission statement of the property owner or lease holder of the subject site to the Department of Community Development and Regulatory Affairs. A 24-hour contact number of the property owner or lease holder shall be provided along with permit application.

(f)

The entire property shall comply with the zoning district's setback requirements.

(g)

No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of any residential use.

(h)

No tent, table or other temporary structure shall be located within 250 feet of a residential structure.

(i)

Sales from vehicles are prohibited, with the exception that sales from food trucks may be allowed if they are made in accordance with Section 304.03, Food trucks.

(j)

The entire property shall comply with the parking requirements in Article 6 of this Ordinance.

(k)

No equipment, vehicle, display or sales activity shall block access to a public facility such as a telephone booth, mailbox, parking meter, fire hydrant, fire alarm box, traffic control box, driveway or other access point.

(l)

A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use.

(m)

Signage shall be in accordance with Article 7 of this Ordinance.

(n)

As applicable, special events are subject to the requirements of other local departments, such as the South Fulton Police Department, the South Fulton Fire and Rescue department, and the Fulton County Board of Health, in order to address Emergency Medical Services Plans, Emergency Planning and Preparedness Plans, tent permits, pyrotechnics permits, food service permits, etc.

(o)

See Section 304.02 below for requirements for events that are intended to draw population from outside of the community.

Outdoor and indoor festivals including, but not limited to, horse shows, carnivals, dog shows, arts and crafts shows and music festivals that are marketed to populations outside the local community and expect 250 attendees or more at any one time require a Special Event Permit and shall meet the following requirements:

(a)

City Council approval shall be required.

(b)

Permitted curb cut access shall be from local streets.

(c)

Eight-foot high 100 percent opaque fencing shall be provided adjacent to residential districts and/or AG-1 districts used for single-family.

(d)

Hours of operation shall be between 8:00 a.m. and 11:00 p.m. when adjacent to residential districts and/or AG-1 districts used for single-family.

(e)

A minimum of two parking spaces per 1,000 sq. ft. of ground area identified for festivals and music festivals related seating shall be required.

(f)

Activity areas, including parking, shall be at least 100 feet from a residential district and/or AG-1 districts used for single-family.

(g)

The parking surface shall be gravel or paved. Grass pavers may be allowed upon approval by the City Engineer.

(h)

A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent to land which is used for residential districts and/or AG-1 districts used for single family purposes.

(i)

The festival or event shall be limited to a three-year period from the date of the City Council approval not to exceed a total of 180 consecutive days in a calendar year.

(j)

As applicable, festivals and events are subject to the requirements of other local departments, such as the South Fulton Police Department, the South Fulton Fire and Rescue department, and the Fulton County Board of Health, in order to address Emergency Medical Services Plans, Emergency Planning and Preparedness Plans, tent permits, pyrotechnics permits, food service permits, etc.

(k)

See Section 304.01 for requirements for smaller, locally oriented special events.

(a)

All food trucks require an Administrative Permit to operate inside the city.

(b)

A food truck festival, as defined in Article 9 of this Ordinance, shall also require Council approval.

(c)

Food trucks may operate in the following zoning districts upon review and approval of an administrative permit by the community development and regulatory affairs department:

(1)

Single-family residential zoning districts;

(2)

Nonresidential zoning districts; and

(3)

Any other zoning district in conjunction with an institutional use, such as a place of worship or a school, with the exception that food trucks in the CUP, NUP and SH zoning districts that are not operating in conjunction with an institutional use, require review by city council in accordance with requirements for special events (see sections 304.01 and 304.01).

(d)

Food trucks shall not conduct business or operate under this section in the public right-of-way.

(e)

The allowable dimensions of a food truck (including all attachments, except hinged canopies that open to reveal food serving areas) shall be up to 18.5 feet long, 10.5 feet tall, and eight feet wide.

(f)

The food truck permit shall be valid for a period of one-year after issuance and applicable to the entire city.

(g)

Reserved.

(h)

Operation hours shall be 7:00 a.m. to 8:30 p.m.

(i)

Hours of sales. No person shall dispense any item, including food, from an ice cream truck on a street during the following hours: From 7:30 a.m. to 8:30 p.m. during the months of April through October and from 7:30 a.m. to 5:30 p.m. during the months of November through March.

(j)

Food trucks shall not operate on any private property without the prior consent of the property owner(s). The applicant shall provide a notarized written permission statement of the property owner(s) as they appear on the current tax records of Fulton County as retrieved by the County's Geographic Information System (GIS). If the current ownership has recently changed and does not match the GIS record the applicant may provide a copy of the new deed as proof of ownership. A 24-hour contact number of the property owner(s) shall be provided along with permit application.

(k)

All food trucks shall be located a minimum of 200 feet from any eating establishment and 100 feet from any retail store that sell food unless both the property owner(s) (as they appear on the current tax records of Fulton County as retrieved by the County's Geographic Information System (GIS) or if the current ownership has recently changed and does not match the GIS record the applicant may provide a copy of the new deed as proof of ownership) and lease holder(s) of said eating establishment/retail store grant written notarized permission for the food truck to be located closer than this minimum setback.

(l)

Food truck vendors shall not be located within 25 feet of any right-of-way, entryway, curb-cut or driveway.

(m)

Food trucks shall provide a minimum of six parking spaces adjacent to the vending area for the exclusive use of the food truck and shall not occupy the minimum required parking spaces for any other use on site.

(n)

Food trucks shall be required to park on all-weather surfaces.

(o)

After hours parking of the food truck shall comply with acceptable locations for off street parking in Article 6 of this Ordinance.

(p)

Two copies of a drawing, no larger in size than 11" x 17", with dimensions (distances in feet) of the food tuck's location from the site's property lines and other minimum distance requirements as specified by this Article shall be submitted to the Department of Planning for approval. Said drawing shall also depict north arrow, parking area, table/chair/canopy areas as applicable, curb-cuts and traffic patterns.

(q)

Food trucks shall not emit sounds, outcry, speaker, amplifier or announcements while traveling on the public right-of-way or when stationary.

(r)

Food trucks shall maintain all City administrative permits, County licenses, State of Georgia, and Federal licenses, and shall follow all laws of the state and the Board of Health of its county of origin, or any other applicable laws.

(s)

The permit under which a food truck is operating shall be firmly attached and visible on the food truck at all times.

(t)

Any condition of zoning or provision of this Ordinance that prohibits a food truck use on a property shall supersede this Section.

(u)

Food trucks and any accessory items shall not be left unattended or stored for any period of time on the permitted site when vending is not taking place or during restricted hours of operation.

(v)

Food trucks are responsible for the proper disposal of waste and trash associated with the operation.

(w)

Food trucks shall remove all generated waste and trash from their approved location at the end of each day or as needed to maintain the public health and safety. No liquid waste or grease is to be disposed of in tree pits, storm drains or onto the sidewalks, streets or other public or private space.

(x)

Food trucks must have an adequate supply of fresh water (through the means of an on-truck freshwater tank) to maintain the operation of the food service in a safe and sanitary manner.

(y)

Food trucks must encompass all mobile food service units with the exception of pushcarts.

(z)

A copy of the approved permit and inspection certificate for the base of operation issued by Health Department of the county of origin, Georgia Department of Agriculture and Federal licenses shall be submitted with the administrative permit application.

(aa)

The owner shall follow all laws of the State and County Health Departments, or any other applicable laws.

(bb)

The applicant shall submit the corporate and, where applicable, trade name of the base of operations associated with the mobile food service unit, together with a copy of the base of operation's City of South Fulton Tax Certificate. Where the base of operation is located outside the City limits, the applicant shall provide evidence of licensing in the base of operation's home jurisdiction.

(cc)

Information identifying the mobile service unit including, its make, model and license plate number, together with a photograph of the mobile food service unit shall also be submitted.

(dd)

Sales near schools. No person shall dispense any item, at any time, including food, from an ice cream truck parked or stopped within 500 feet of the property line of a school between 7:30 a.m. and 4:00 p.m. on regular school days.

(Ord. No. 2024-008, § 1, 4-23-2024)

(a)

A single-family residential property may only be utilized as a "Party House" by Special Administrative Permit on lots with at least 300 feet of frontage on a public street and a primary structure no less than 4,000 square feet in area.

(b)

An event defined as a "Party House" by this Zoning Ordinance may only be conducted inside the primary structure and/or in a completely fenced back yard.

(c)

With exception of traditional internal lighting and porch lights, no other illumination may be utilized during a "Party House" event, including, but not limited to, strobe lighting, disco-ball light, spotlight or any other light used to draw attention to the structure.

(d)

Any music utilized for the "Party House" event must be contained solely inside the primary structure and shall be subject to the applicable provisions of the City's Noise Ordinance contained in Title 3, Chapter 6 of the City Code.

(e)

In addition to an Administrative Permit, the owner of each "Party House" cannot have such an event at the residence without acquiring an occupation tax certificate from the City.

(f)

An Administrative Permit and Occupation Tax Certificate for a "Party House" may only be granted to the owner of the property.

(g)

Event guests at a "Party House" must park only on the designated driveway or on the public street directly in front of the residential lot on which the event is taking place, on the same side of the street, and only for the length of the street frontage directly abutting the property.

(h)

A qualifying event at a "Party House" may not continue past 11:00 p.m. on Sunday — Thursday, or midnight on Friday — Saturday or any Federal Holiday.

(i)

Neither an Administrative Permit nor an Occupation Tax Certificate may be granted to any property for a "Party House" that is located within 2000 feet of any City or County park facility, senior housing or public or private school, or be within 1,000 feet of more than two other residential lots.

(j)

No alcohol may be sold during a qualifying event of a "Party House" and no more than one drink may be included as part of a cover charge for said event. For purposes of this provision, one drink shall be either a 12 oz. malt beverage, 12 oz. glass of wine or an alcoholic drink featuring no more than 1.5 oz. of any distilled spirit.

(k)

An Administrative Permit and Occupation Tax Certificate for a "Party House" shall authorize the owner of the property no more than ten such qualifying events in any calendar year.

Dwelling units may be utilized for sales offices and/or model homes.

A revival tent requires an Administrative Permit and shall meet the following requirements:

(a)

In an AG-1 zoning district or a residential zoning district, a revival tent may be placed only on property occupied by an existing building used as a place of worship.

(b)

An Administrative Permit may be granted a maximum of 14 days in a calendar year.

(c)

The revival tent or any area used for assembly shall be located at least 200 feet from a property line of any residential district and/or AG-1 district used for single-family.

(d)

No temporary, sanitary facility or trash receptacle may be located within 200 feet of an existing dwelling, and no tent shall be located within 250 feet of an existing dwelling.

(e)

One parking space per four seats shall be provided.

(f)

Parking shall be paved or gravel. Grass pavers shall be allowed upon approval by the City Engineer.

(g)

A drawing to scale shall accompany the application and shall accurately depict the number of seats and the standards of this section.

(h)

The hours of operation shall be no earlier than 8:00 a.m. nor later than 11:00 p.m.

(a)

Administrative Permit required.

(1)

Exemptions. An administrative permit is not required for the sale of agricultural products and commodities produced on the premises as an accessory use to a farm in the AG-1 District. Such sales shall be conducted in accordance with section 304.07(b), subsections (5) through (12) below.

(2)

Roadside produce stands. No more than four Administrative Permits shall be granted per year and no single permit shall be effective for more than 30 consecutive days; however, two or more permits, not to exceed four, may be combined for a duration of 60 days, 90 days or a maximum of 120 days. An application for said permit(s) shall be made no less than 14 days prior to the event. Said permit must be posted on site such that it is visible from the street.

(3)

Roadside vending. No more than two Administrative Permits shall be granted per year and no permit shall be effective for more than nine consecutive days. An application for said permit shall be made no less than 14 days prior to the event. Said permit must be posted on site such that it is visible from the street.

(b)

Operating Requirements.

(1)

The hours of operation shall be 8:00 a.m. to 8:00 p.m.

(2)

Two copies of a drawing, no larger in size than 11" x 17", with dimensions (distances in feet) of the activity's location from the site's property lines and other minimum distance requirements as specified by this Section shall be submitted to the Department of Community Development and Regulatory Affairs for approval. Said drawing shall also depict north arrow, curb cuts and traffic patterns.

(3)

The applicant shall provide a notarized written permission statement of the property owner or lease holder of the subject site to the CDRA Department. A 24-hour contact number of the property owner or lease holder shall be provided along with permit application.

(4)

The property on which the roadside vendor is permitted must be located at least 1,500 feet from a permanent business or another vendor which offers the same or similar merchandise as that of the vendor. Vendor shall provide names of all established businesses which sell similar or the same merchandise within 1,500 feet of the proposed vendor site.

(5)

Any activity, structure or vending displays shall maintain a minimum 20-foot setback from the right-of-way and not be located within a required landscape strip or buffer. Said activity, structure or vending displays shall also maintain a minimum setback of ten feet from any internal drive or permitted curb cut.

(6)

A minimum of six parking spaces shall be provided for the exclusive use of the roadside produce stand or roadside vending and shall not occupy the minimum required parking spaces for any other use on site. An additional five spaces per 1,000 square feet of ground area may be required for roadside produce stands depending on the size of the proposed operation.

(7)

No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of a residential use.

(8)

For roadside produce stands, no tent, table or other temporary structure shall be located within 100 feet of a residential structure.

(9)

For roadside vending, no table or cart shall be located within 250 feet of a residential structure. Tents and tarps are prohibited. Sales from vehicles are prohibited.

(10)

No equipment, vehicle, display or sales activity shall block access to a public facility such as a, mailbox, parking meter, fire hydrant, fire alarm box, traffic control box, driveway or other access point.

(11)

A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use.

(12)

One sign no greater than 12 square feet shall be allowed.

(a)

Administrative Permit required. An Administrative Permit shall not be issued for the same seasonal business use more than once in any calendar year. Said seasonal business use must correlate to a calendar holiday or event. Said permit shall not exceed a total of 30 consecutive days for each use. Said permit must be posted on site such that it is visible from the street. An application for said permit shall be made no less than 14 days prior to the event. Example: One permit may be issued for the sale of Christmas trees for a maximum of 30 consecutive days. A second permit may be issued for the sale of pumpkins for a maximum of 30 consecutive days.

(b)

Allowed zoning districts. Seasonal business uses are allowed in the following zoning districts: CUP (with a commercial component); MIX (with a commercial component); C-1, C-2, M-1, and M-2; and AG-1 and residentially zoned districts only when the property is occupied by a place of worship, school, lodge/retreat, farm, plant nursery, etc., existing as a conforming or a lawful non-conforming nonresidential use. The issuance of an Administrative Permit does not constitute an expansion or extension of a non-conforming use.

(c)

Operating requirements.

(1)

The hours of operation shall be 8:00 a.m. to 8:00 p.m., Sunday through Thursday and 8:00 a.m. to 10:00 p.m., Friday through Saturday.

(2)

With the exception of the hours of operation, the operating requirements for roadside produce stands in Section 304.07 above shall apply.

A structure proposed to be used as a temporary classroom requires an Administrative Permit and shall meet the following requirements:

(a)

The structure must be constructed for use as a temporary classroom and certified as such by the Community Development and Regulatory Affairs Department.

(b)

The principal use must exist prior to the issuance of the Administrative Permit.

(c)

The temporary classroom shall not be used to increase the capacity or enrollment as conditioned by zoning, or as limited by other use permit conditions.

(d)

An Administrative Permit for a temporary classroom shall expire three years from the date of approval at which time the structure shall be removed unless a new administrative permit is obtained within 30 days of the expiration date.

(e)

The structure shall not be located within any principal building setbacks or within any required landscape strips or buffers.

(f)

Two copies of a drawing showing dimensions shall accompany the application and shall accurately depict the proposed location of temporary structures, the traffic patterns and curb cuts and compliance with this section and all other applicable standards of this Ordinance.

(a)

An Administrative Permit is required for temporary structures (whether tents, site-built, mobile or manufactured structures) utilized for construction offices, ticket booths, security guard shelters, storage structures in association with construction, portable toilets and other similar uses, as determined by the Community Development and Regulatory Affairs Director.

(b)

Temporary structures shall be located outside of any required buffers and landscape areas and shall maintain the principal building setback of the zoning district, except portable toilets must maintain a 200-foot setback from existing dwelling(s).

(c)

Temporary structures must be removed prior to the issuance of a Certificate of Occupancy or within five days of completion of the temporary event or activity for which the structure was approved.

(d)

Temporary structures used in conjunction with previously issued Administrative Permits and approved Special Uses shall not be required to obtain a separate Administrative Permit.

(e)

An Administrative Permit for a temporary structure shall expire three years from the date of approval at which time the structure shall be removed unless a new administrative permit is obtained within 30 days of the expiration date.

(f)

Temporary storage units, as defined in Article 9 of this Ordinance, shall not be used as dwelling units.

(a)

The Building Permit for the new principal structure shall be issued concurrently with an Administrative Permit.

(b)

The Administrative Permit shall expire 90 days after issuance of a Certificate of Occupancy for the new principal structure or one year after issuance of a Building Permit, whichever occurs first.

(a)

The Building Permit for the principal structure must have been issued and remain valid during the period that the manufactured home is on the property.

(b)

An Administrative Permit is required and shall expire 12 months after issuance or upon occupancy of the principal structure, whichever occurs first. Only one renewal for a one-year period may be issued.

(c)

The manufactured home must be located on the same parcel as the principal structure being constructed and comply with all district setbacks.

(d)

The manufactured home must be occupied by the owner of the principal residence under construction.

(a)

Community-wide yard sales shall follow the requirements of Section 304.01 Event, Special Indoor/Outdoor.

(b)

Yard sales conducted on a single residential property by the owner of the property do not require an Administrative Permit but are limited to no more than two sales per calendar year on the same property.

The following specific uses are not allowed in any zoning district in the City of South Fulton:

(a)

Landfills.

(b)

Prisons and correctional facilities.

(c)

Quarries and/or surface mining sites.

The following uses in Table 3-1 are prohibited in the City of South Fulton.

Table 3-1 Environmentally Adverse Uses