(Ord. No. OR23-525, § 1, 2-13-2023; Ord. No. OR24-559, 3-4-2024; Ord. No. OR24-565, § 1(Exh. A, B., E.), 5-13-2024; Ord. No. OR24-580, § 3(Exhs. B—D), 11-12-2024)

The intent of this section is to regulate the installation, configuration, and use of accessory structures. Regulation is necessary in order to ensure that accessory structures are compatible with the surrounding neighborhood and are consistent with the character and intent of the zoning district in which the accessory structures are located. For the purposes of this section fences and walls are not considered accessory structures.

A.

Accessory structures shall be located on the same lot as, and subordinate to, the principal use or structure.

B.

Standards for specific accessory structures are set forth below. All accessory structures shall comply with the standards that are set forth below:

1.

Accessory structures shall be located within the side or rear yard, unless otherwise provided below, except those buildings in RR zoning districts, where the lots are a minimum of three (3) acres and are not part of a platted subdivision, may be located in the front yard.

2.

Accessory structures shall not be erected on a lot prior to construction of the principal structure, except for agricultural purpose storage buildings in RR zoning districts, where lots are a minimum of three (3) acres and are not part of a platted subdivision.

3.

Accessory structures shall be included in all calculations for impervious surface ratio or lot coverage standards, and for stormwater management standards.

4.

Accessory structures shall not be located within any required buffer or landscaping area, parking lot, protected resource area, or stormwater management areas.

5.

Accessory structures which are located in any residential zoning district shall not be used for any type of commercial operation.

6.

Accessory structures shall not be used as a dwelling unit, except as provided in the standards for accessory dwellings.

7.

Accessory structures shall comply with the standards listed in the table below.

Standards for Accessory Structures

A.

Accessory dwellings include basement apartments, garage apartments, caretaker or other employee quarters, guest houses, and other accessory dwellings.

B.

Accessory dwellings shall not be used as rental property. They may only be occupied by family members, guests, or employees of the property owner.

C.

Accessory dwellings are permitted within a principal dwelling or as a freestanding dwelling in an RR, SR, and CCR zoning district.

D.

Accessory dwellings contained within a principal dwelling in the RR, SR, and CCR zoning districts shall comply with the following standards:

1.

No more than one (1) accessory dwelling shall be established in a principal dwelling.

2.

One (1) additional parking space shall be provided to serve an accessory dwelling.

3.

Accessory dwellings shall comply with all building and health code standards.

E.

Freestanding accessory dwellings in the RR and SR zoning districts shall comply with the following standards:

1.

No more than one (1) freestanding accessory dwelling shall be established on a residential lot.

2.

An accessory dwelling may be located on the second floor over a detached garage or it may be a separate structure.

3.

Accessory dwellings shall be located within the side or rear yard, except that in the RR zoning district, where the lots are a minimum of three (3) acres and are not part of a platted subdivision an accessory dwelling may be located in the front yard.

4.

Accessory structures shall comply with minimum setbacks set forth in this section.

5.

The residential lot shall comply with the minimum lot area standards for the district, except that in no case shall an accessory dwelling be located on a lot served by county sewer having less than eighteen thousand (18,000) square feet of lot area; lots utilizing an on-site sewage management system must be a minimum of thirty thousand (30,000) square feet.

6.

One (1) additional parking space shall be provided to serve the accessory dwelling.

The requirements of this section apply to child and adult day care facilities, nursery schools, and preschools.

A.

Family day care homes or group day care homes are not allowed in residential districts, nor are they allowed on any property which is used for residential purposes. The regulations which are listed below apply to commercially operated adult and child day care facilities only.

B.

Each adult and child day care center shall be subject to the following requirements when it is located within a commercial building or commercial zoning district:

1.

All regulated facilities shall comply with the State regulation and shall acquire applicable State licenses for operation.

2.

All facilities shall be located on properties having a minimum of one (1) acre and shall be located on a thoroughfare having a classification of a collector road or higher.

3.

All day care facilities must be located in freestanding buildings. They may not be located within a tenant space of a retail center, office building, or other type of building.

4.

Each child day care facility shall provide not less than thirty-five (35) square feet of indoor play area for each child, based on the maximum permissible enrollment.

5.

Each child day care facility shall provide not less than two hundred (200) square feet of outdoor play area for each child, based on the maximum permissible enrollment.

6.

All required outdoor play/recreation areas shall be enclosed by a solid decorative fence which is not less than four (4) feet in height.

7.

No day care home shall be located within one thousand five hundred (1,500) feet of another day care facility.

8.

All facilities must obtain a business license with the city and provide a copy of all State licenses and documentation.

A.

Animal care facilities, with the exception of stables and facilities for livestock, are permitted in the RR zoning district with an approved special use permit and are subject to the site design standards for the district. Stables and facilities for livestock are permitted in the RR zoning district and are subject to the site design standards in this section.

B.

Animal care facilities, with the exception of noncommercial kennels in C2, C3, and LI zoning districts are subject to the site design standards for the district and specific site design standards in this section.

C.

Design standards for an animal hospital or veterinary clinic in a freestanding building are listed in the table below.

Standards for Freestanding Animal Hospital or Veterinary Clinic

D.

Design standards for an animal hospital or veterinary clinic in a shopping center are listed in the table below.

Standards for Animal Hospital or Veterinary Clinic in a Shopping Center

E.

Design standards for commercial kennels are listed in the table below.

Standards for Commercial Kennels

F.

Design standards for noncommercial kennels are listed in the table below.

Standards for Noncommercial Kennels

G.

Design standards for stables, including riding academies, barns, and other facilities for farm animals and livestock are listed in the table below.

Standards for Stables and Facilities for Livestock

A.

Airstrips, airports and helicopters [heliports], other than private airstrips and helicopters [heliports] within a residential fly-in neighborhood), are permitted in the M-1 and M-2 zoning districts. Those properties zoned RA (Residential Agricultural) outside of a subdivision, shall be required to obtain a special use permit and meet the following minimum standards:

1.

Minimum acreage shall be fifteen (15) acres.

2.

An undisturbed vegetative buffer shall be provided along all property lines that abut property with a residential zoning classification, except where prohibited to provide access or utility easements. The purpose of the buffer shall be to screen sight or sound of activities from adjacent and nearby residential neighborhoods. The buffer shall be a minimum of one hundred (100) feet in width. Should the property lack existing vegetation, a detailed landscaped plan shall be submitted and approved by the development plan review department, prior to the submittal of a special use application, and shall conform to the plant material requirements and specifications set forth in this title. Existing vegetation within the buffer area should be preserved and enhanced where insufficient to provide adequate screening, but not in excess of that which is required.

3.

The landing strip/runway shall not be paved. The use of permeable or pervious pavement materials shall be allowed.

4.

The private airstrips, airports and helicopters [heliports] shall adhere to all applicable laws and regulations of the Georgia Department of Transportation (GDOT) and Federal Aviation Administration (FAA).

5.

No commercial activities shall be allowed or permitted with any approved special use. The following uses are prohibited: Flight instruction, aircraft storage (other than hangars for use by the property owner), aircraft maintenance (other than by the property owner), aircraft fueling (other than for use by the property owner), and other similar commercial airport activities.

6.

Only one (1) airstrip per special use permit shall be allowed.

7.

A maximum of two (2) airplane hangars may be allowed even in the absence of a primary structure to any approved special use. Any hangars in excess of two (2) shall be required to obtain separate approval from the mayor and city council, by the filing of a separate application.

8.

All hangars constructed shall be required to obtain a permit and approval from the director and shall comply with any and all development and building regulations and standards.

A.

The regulations below are intended to allow for a more efficient use of large (over three thousand five hundred (3,500) square feet), older homes in residential areas if the neighborhood character is reserved to maintain both the residential neighborhood experience and the bed and breakfast experience. These regulations enable owners to maintain large residential structures in a manner that keeps them primarily in residential uses and provides an alternative form of lodging for visitors who prefer a residential setting. An approved special use permit is required for all bed and breakfast facilities within the RR zoning district.

B.

The dwelling must be a minimum of ten (10) years old before a bed and breakfast facility is allowed. The individual or family operating the facility must occupy the house as their primary residence.

C.

Bed and breakfast facilities may have nonresident employees for such activities as booking rooms and food preparation. Hired services for normal maintenance, repair, and care of the residence such as yard maintenance are also permitted.

D.

The following functions are permitted: Luncheons, banquets, parties, weddings, meetings, charitable fundraising, commercial or advertising activities, or other gatherings for direct or indirect compensation.

E.

The site design standards that are set forth in the table below are required for bed and breakfast facilities (not in a subdivision).

Standards for Bed and Breakfast Facilities

F.

Special Use Permit Review. Bed and breakfast facilities are only allowed in the RR zoning district by way of a special use permit. The permit process is the same as for all other city planning commission applications. Each application for special use must be accompanied by clear and convincing evidence that there will be no substantial interference with the health, safety and welfare of the general public, as well as the character and integrity of a residential area. In addition, a bed and breakfast facility should not promote the commercialization of residential neighborhoods. All decisions for the granting of a special use permit for the operation of a bed and breakfast facility will be made on a case-by-case basis. The planning commission will work with each applicant to accommodate both individual interests and the interests of the city, and particularly those residents of the area in question.

G.

The special use permit for a bed and breakfast residence is not transferable to a subsequent owner or another property. The new owner or prospective purchaser must submit a new application to the planning commission. A public hearing on the application must take place to inform the public of changes occurring in their neighborhoods and provide an opportunity for public input on the proposed change. Special consideration will be given to properties previously operating as bed and breakfast establishments; however, all new applications must meet the provisions set forth in this section. In addition to the standards of this section, conditions of approval may be added to the approved permits consistent with the intent and purpose of this section.

H.

An existing accessory building or structure which is contiguous to the bed and breakfast facility or otherwise is part of the property on which the bed and breakfast facility is located may be used for residential purposes by the owner of the bed and breakfast, subject to the building meeting all city residential code requirements.

I.

Activities relating to bed and breakfast are allowed, such as weddings, birthday parties, etc., but must be in a small setting not exceeding fifty (50) people. This [does] not include event facilities, meetings, classes, or similar events.

J.

The accessory structure cannot be rented for commercial purposes or to tenants. The residential use of the structure is limited to the owners or caretaker.

K.

The bed and breakfast shall be located on property that conforms to the allowed uses for the zoned district in which the property is located. Any bed and breakfast facilities operating prior to 2022 are deemed "grandfathered" and shall continue to operate in compliance with this section and legal nonconforming regulations of Section 6 of the City of Stockbridge Unified Development Code.

L.

All bed and breakfast owners/operators must apply for a business license permit and must maintain a valid business license. Renewals must be submitted annually before the operational permit expires. A change in ownership requires new approval. Business licenses are not transferable.

A.

A cemetery may include one (1) or more of the following: a burial park for earth interments, a mausoleum for vault or crypt interments, and a columbarium.

B.

A cemetery may include a chapel or place of worship when it is operated in conjunction with, and within the boundaries of, such cemetery.

C.

Site design requirements are listed in the table below.

Standards for Cemeteries

¹  The buffer shall be designed to achieve a minimum height of six (6) feet within three (3) years after installation.
²  The required buffer shall be along the banks of all State bodies of water as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action.

D.

Location Requirements.

1.

A cemetery shall not be located in a wetland, one hundred-year floodplain, floodway, or flood hazard area.

2.

All new cemeteries shall be located a minimum of one hundred fifty (150) feet from a drinking water well.

3.

The cemetery shall be located below the elevation of known drinking water wells.

E.

Off-Street Vehicle Queuing. Adequate off-street vehicle queuing space shall be provided for funeral processions so that no vehicle stands in a dedicated right-of-way.

F.

Access. Access to new cemeteries shall be provided from a city- or county-maintained roadway or State highway. The entrance and exits to the cemetery shall be from the frontage street only.

G.

Mausoleums and Columbaria. Mausoleums and columbaria may be located within the boundaries of approved cemeteries only. Mausoleums and columbaria shall have brick or stone facades.

H.

Review and Approval Procedures.

1.

A cemetery shall meet the requirements of this section. Upon approval, a final plat of the cemetery shall be recorded.

2.

A drainage plan must be submitted and approved by the director before cemetery approval may be granted.

3.

The owner of a cemetery shall notify the Henry County Health Department of the intent to build a cemetery and shall submit a letter from the county health department identifying the location of the cemetery in relation to any known drinking water wells as part of the application process.

A.

Purpose. Certain manufacturing, production, processing or assembly uses are permitted in the LI and HI zoning districts, subject to the site design requirements of the zoning district. However, within this broad group of uses certain uses are permitted within LI or HI only where supplemental site design standards are met. This section sets forth those specific site design standards that are required in addition to the site design standards of the zoning district in which the use is proposed.

B.

Supplemental Standards. Supplemental standards for asphalt and concrete batch plants, central mixing plants for cement, mortar and plaster and food processing plants are provided in the table below.

Standards for Asphalt and Concrete Batch Plants,
Central Mixing Plants and Food Processing

A.

Greenhouses and plant nurseries are permitted in the C2, C3, LI, and HI zoning districts subject to the site design standards of the district and the supplemental standards set forth in this section.

B.

Greenhouses and plant nurseries in the RR zoning district require a special use permit and shall only sell plants grown on-site.

C.

Site design standard for greenhouses and plant nurseries are provided in the table below.

Standards for Greenhouses and Plant Nurseries

A.

Electrical substations are permitted in any zoning district, subject to the dimensional standards for the district and the supplemental standards set forth in this section.

B.

An electrical substation shall be fully enclosed, on all sides with a solid fence except for a gate, or with a landscaped buffer that meets the standards listed in the table below.

Standards for Electrical Substations

A.

Definitions:

"Charging" occurs when the connector from the EVSE (or standard outlet) is inserted into the EV inlet, and electrical power is being transferred for the purpose of recharging the battery on board the EV.

"Charging levels" means the standardized indicators of electrical force, or voltage, at which an EV's battery is recharged. EVSE is classified into categories by the rate at which batteries are charged: AC Level 1; AC Level 2; and DC Fast Charging.

"Electric vehicle (EV)" means a class of automobiles that use electric motors powered by energy drawn for the grid or off-grid electric sources into a battery system for propulsion.

"Electric vehicle charging port" means the EVSE component which connects to vehicle charging inlets. One (1) EVSE unit may contain multiple charging ports, which are also referred to as "plug connectors" or "heads." Level 1 ports include connectors supplied by Level 1 EVSE as well as any standard 120V outlets able to supply fifteen (15) or more amps of current to be used with the Level 1 EVSE supplied by vehicle manufacturers.

"Electric vehicle charging station (EVSE)" means the public or private parking space(s) served by EVSE, including all signs, information, pavement surfaces, surface markings, fee collection systems, and protective equipment, in which a vehicle is recharged.

B.

All EVSE charging stations are permitted as accessory uses and structures in all zoning districts. A permit required to install EV charging stations except for at private single-family homes for the homeowner's personal use.

C.

The property owner is not restricted from collecting a service fee for the use of an electric vehicle charging station made available to residents, employees and visitors to the property. Collection of charging station fees shall not affect the zoning land use classification of properties where EV charging stations are installed as accessory uses.

A.

Emergency response facilities, such as fire stations, ambulance services and police stations are permitted in any zoning district, subject to the dimensional standards for the district and the supplemental standards set forth in this section.

B.

Site design standards for emergency response facilities are provided in the table below.

Standards for Emergency Response Facilities

A.

Applicability. This section shall apply to all properties within the City of Stockbridge.

B.

General Standards.

1.

Residential properties shall also comply with the specifications of the approved plat for the subdivision and the Parkway Mixed Use Overlay District regulations. If there is a conflict, the stricter regulations shall apply.

2.

For commercial and industrial properties, they must comply with the district requirements and the specifications of the approved plans.

3.

No privately-owned fence shall be installed within any public street right-of-way or within any city-owned area.

4.

No fence shall block access to utility easements between lots, as is stated on some approved plats or plans.

5.

No fence shall be installed so that, in the opinion of the community development director, it obstructs the sight vision at any street intersection, or if it in any way creates a hazard to traffic.

6.

No fence shall be installed so that, in the opinion of the fire chief, it prevents or unduly restricts access to property for emergency purposes.

7.

If a fence is designed so that its structural supports are primarily on one (1) side, that side must always be toward the interior of the property.

8.

If a fence is required by any governmental authority to provide for the safety and security of the residents of the city, that fence shall not be removed or otherwise left in an unsafe condition for any reason without the approval of the city manager, and without proper precautions being taken to provide for continuous protection.

9.

It shall be the responsibility of the owner of the property on which a fence is located to maintain that fence in good and proper repair so that at all times it presents a neat and orderly appearance to surrounding property owners and to the general public.

10.

Any fence that is damaged by accident or an act of God shall be properly repaired within ninety (90) days of occurrence. Fencing required for public safety purposes shall be repaired immediately.

C.

Construction Standards.

1.

All fences shall be constructed of pressurized wood (including cedar, cypress, or pine), brick, wrought iron, or chain-link.

a.

In the event the fence is constructed of chain-link, all exposed metal parts must be vinyl-coated or painted a standard dark brown, dark green or black color to blend into the natural surroundings.

b.

Chain-link fences in residential must not be visible from the right-of-way.

2.

Fences must be constructed at least one (1) foot from all side and rear setbacks and at least two (2) feet from any right-of-way.

3.

No fence or portion of a fence shall exceed six (6) feet in height in a residential district; however, if a property owner wishes to install a tennis court, pool, or some other similar special-purpose facility, a fence not to exceed twelve (12) feet in height may be erected.

4.

No fence that is installed in a residential front yard shall be constructed to a height in excess of four (4) feet, or in a fashion that restricts the view through such fence by more than fifty (50) percent of the total barrier, as may be viewed from the street.

5.

No fence or portion of a fence shall exceed eight (8) feet in height in any commercial or industrial district.

6.

Barbed wire, razor wire, concertina wire, and the like shall be prohibited.

D.

Temporary Fence. The community development director may permit the installation of a temporary fence of material which is not otherwise allowed under this section at a construction site, if it is felt that the fence would be necessary to protect the public safety or would be necessary to provide proper security for the site. A temporary fence shall remain in place for no more than one (1) year and must comply with the following conditions:

1.

Temporary fences shall not exceed six (6) feet in height if they are located within any setback area.

2.

No signs shall be attached to any temporary fence.

E.

Permit Required. A fence permit shall be required for all work performed in association with the construction, alteration, or relocation of a fence or wall, except where otherwise specified herein. Fences and walls for which a fence permit is not required:

1.

Repairs. Repairs to an existing fence or wall with no structural changes.

2.

Replacement. Replacement of an existing fence with a new fence that is the same type and height and in the same location as the existing fence; provided the replacement fence is otherwise in full compliance with this chapter.

3.

Gates. The installation of gates of up to eight (8) feet in width in an existing fence or wall with no structural changes.

F.

Permit Application. Applications for fence permits shall be made upon forms provided by the community development department. The following information shall be provided with the application:

1.

A plot plan or lot survey shall be provided that includes the location of all existing and proposed fences, walls, structures, easements, and setback dimensions.

2.

A detail of the proposed fence or wall with all appropriate dimensions shall also be provided.

3.

Written consent of all adjacent property owners, or a certified survey verifying the location of lot boundaries, if a fence or wall is proposed to be erected or installed on a property line.

4.

Other information that the director may require to show full compliance with this chapter.

G.

Legal Nonconforming Fences and Walls. All existing legal nonconforming fences or walls shall be permitted to continue as such until removed, extended, or altered, at which time such fences or walls shall be made to conform to the provisions of this section.

A.

Gasoline service stations are permitted in the C-3 district and are a special use in the C-2 district, subject to the site design standards for the district, and the specific site design standards in this section.

B.

Gasoline service stations may include the following activities: sale of fuel, oil, lubricants, and similar products; minor repair; sale of small automotive accessories; sale of food and sundries; convenience store; restaurant drive-up windows; inspection stations for emissions; or car washes. Gasoline service stations shall not include game rooms, game arcades, major repair shops, body shops, paint shops, or paint booths.

C.

Gasoline service stations shall maintain a separation distance of eight hundred (800) feet. This distance requirement shall be measured from property line to property line of another existing gasoline service station.

D.

Design standards for gasoline service stations are shown in the table below.

Standards for Gasoline Service Stations

E.

A gasoline service station must be located on a property which has frontage on either a collector or an arterial road, as is classified by the Georgia Department of Transportation or the Henry County Department of Transportation.

F.

Gasoline service stations are allowed with the base zoning district of C-3 (heavy commercial district). Gasoline service stations are also allowed in the C-2 (general commercial district) via a special use permit.

G.

All property design standards of the base zoning district must be met.

H.

Building facades for both primary and accessory structures must be constructed of brick on all sides.

I.

At gasoline service stations, an equal number of electric charging stations as gas pumps must be provided on the site. Covered canopies must be provided over gas pumps and electric charging stations.

J.

An acceptable means of access and internal circulation must be provided, to be determined by the fire marshal.

K.

The required number of parking spaces of the base zoning district must be provided.

L.

The required buffers of the base zoning district must be provided.

M.

The square footage of a gasoline service station must be at least five thousand (5,000) square feet.

N.

The gasoline service station must have suites to accommodate two (2) sub-tenants.

O.

All gasoline service stations must meet the other related City of Stockbridge Codes of Ordinances.

P.

Other special requirements, to be determined by the community development director, must be met.

A.

Funeral homes and mortuaries, with or without crematoriums, are subject to the following:

1.

The site design standards of the property's zoning district;

2.

The supplemental standards which are set forth in this section; and

3.

The assembly use restrictions for certain businesses.

B.

Adequate off-street vehicle queuing space shall be provided for funeral processions so that no vehicle stands in a dedicated right-of-way. A minimum off-street vehicle stacking distance of one hundred (100) feet shall be provided.

A.

Golf courses and driving ranges are permitted in RR, SR, and MFR zoning districts, subject to the standards of the district and the supplemental standards in this section.

B.

A golf course may be public or private and may include the following buildings and accessory uses:

1.

A clubhouse with or without a pro shop, retail sales of golf supplies and accessories, and a restaurant or snack shop.

2.

An equipment building for maintenance, minor repairs, and storage. Storage may include fertilizers, herbicides, pesticides, or golf carts.

3.

Driving range and/or putting greens.

4.

Restroom facilities.

C.

The types of golf courses may be par three (3), executive, private, semi-private or regulation.

D.

Site design standards for golf courses are provided in the table below.

Standards for Golf Courses

A.

Persons seeking to operate such a facility must file a permit application with the city along with any fees established by the city council.

B.

Each permit application shall include an affidavit that the applicant either has applied for or will immediately apply for the corresponding permit or authorization for the operation of the facility from the State of Georgia Department of Community Health in accordance with its rules and regulations and the affidavit shall also certify that the proposed facility will meet and be operated in conformance with all applicable State and Federal laws and regulations and with all codes and regulations of the city.

C.

All application forms and information submitted to the State of Georgia Department of Community Health shall be submitted with the city permit application.

D.

The director of community development may require clarification or additional information from the applicant that is deemed necessary to determine whether operation will meet applicable laws, regulations and development standards.

E.

If the director of community development determines that an application to operate the facility is in compliance with the applicable requirements, the director of community development shall approve the application for a permit, but the permit for operation shall not be issued until the applicant has obtained the corresponding permit or authorization for operation of the facility from the State of Georgia Department of Community Health.

F.

No permit for the operation of the facility shall be transferable.

G.

No facility shall be operated without both a valid permit from the city and a valid license from the State of Georgia Department of Community Health.

H.

No such facility shall be located within one thousand (1,000) feet of any other such facility, said distance to be measured in a straight line from the closest property lines upon which each facility is located.

I.

All such facilities must provide at least eighty (80) square feet of personal living space per resident or that amount required by the State of Georgia for the licensing of such facilities, whichever is greater.

J.

No signs shall be permitted other than those permitted by the regulations of the zoning district within which such facility is located.

K.

Parking Requirement; One (1) for each three (3) dwelling units.

L.

The site design standards presented in the table below are required for nursing homes, assisted living and hospice care facilities.

Standards for Nursing Homes, Assisted Living Facilities, Hospice Care Facilities,
and Specialized Housing Facilities

A.

A home occupation as defined by this section is permitted subject to the following requirements:

1.

Only the residents of the dwelling may be engaged in the home occupation.

2.

The home occupation shall be clearly incidental to the residential use of the dwelling and shall not change the residential character of the building.

3.

No display of products shall be visible from the street except agricultural products that are grown on the premises in an RR (Rural Residential) zoning district. Only products that are produced on the premises may be sold on the premises.

4.

No signs shall be allowed for identifying the premises as a home occupation, except in the RR district. Such signs may only advertise the items that are produced on the property.

5.

Use of a dwelling for a home occupation shall not exceed twenty-five percent (25%) of one (1) floor.

6.

No interior or exterior alterations that are inconsistent with the residential use of the building shall be permitted.

7.

The home occupation shall not constitute a nuisance to the community.

8.

No outside storage of materials to be used in connection with a home occupation is permitted, except in an RR district. To the extent that large or hazardous materials are used by a home occupation, the applicant shall be required to store such materials at a site other than the home occupation, consistent with applicable zoning and land use laws.

9.

No accessory buildings shall be used in connection with the home occupation, except in an RR district, unless it is approved as a special use and then in a residential district only. The use of an accessory building shall comply with the following conditions:

a.

The accessory building shall maintain a residential appearance.

b.

No business activities involving in-person contacts with customers shall be conducted between the hours of 7:30 p.m. and 7:30 a.m.

c.

No automotive painting, body work, salvage, major automotive, or heavy equipment repairs are to be conducted.

d.

No machinery or equipment shall be used which generates noise that is detectable outside the accessory structure.

10.

Applicants shall not be allowed to have customers visit the home occupation, except as follows:

a.

The conduct of a home occupation involving rendering of services, such as those listed below, will be allowed subject to the following limitation(s):

i.

Instruction in music and similar subjects shall be limited to two (2) students at a time, subject to the restrictions for certain types of businesses.

ii.

Beauty shops, barber shops, manicurists and similar occupations shall be limited to two (2) customers at a time.

b.

Any service provider conducting a home occupation under this section shall not be allowed to market and sell goods or products on the premises of the home occupation.

c.

Nothing in this section shall preclude the owner of a home occupation from meeting customers at a site other than the home occupation, consistent with applicable zoning and land use laws.

11.

Only passenger vehicles, pickup trucks, vans, and trailers that are pulled by such vehicles may be used in connection with the management of a home occupation. Trailers shall be stored in a garage or accessory structure when they are not in use, and no vehicle or trailer shall feature commercial advertising or marks identifying a commercial use of said vehicle.

12.

Beauty shops, barber shops, manicurists, and similar services that are conducted as home occupations are subject to the requirements for restricted businesses. They shall be limited to two (2) chairs (stations) and one (1) shampoo chair (station).

13.

No more than two (2) non-transient guests may be boarded at any one (1) time as a home occupation.

14.

The following and similar uses shall be considered to be home occupations, provided that they follow the minimum standards described in this section: Attorney, addressing service, art instruction, beauty and barber shop, dentist, doctor, drafting and surveying, dressmaking, insurance agent, manufacturers' representative, music teacher, notary public, photographer, real estate agent, tax services, and consultant.

15.

All home occupations shall obtain an occupational tax certificate, or business license, from the city. The city clerk is hereby authorized to accept applications and either grant the same if an applicant demonstrates compliance with the requirements of this section or refer the matter to the mayor and city council for action.

16.

Agricultural activities that are associated with the raising of crops and farm animals on properties which are over three (3) acres in size shall not be subject to the requirements for home occupations.

17.

The city reserves the right to establish sanitation rates for home occupations that are higher than those for residential customers generally. All home occupations shall pay for sanitation services at the higher rate, and in a timely manner, or face the revocation of a previously-issued occupational tax certificate, denial of the rights to engage in a home occupation in the future, or any other civil penalties that are authorized by law.

B.

Family Day Care Centers Prohibited. Family day care centers, as are defined in this unified development code, shall hereafter be strictly prohibited within the City of Stockbridge.

A.

Hospitals are permitted in the OI, C2, and C3 zoning districts, subject to the site design standards of the district.

B.

Site design standards for hospitals are provided in Table below.

Standards for Hospitals

A.

Modular and industrialized buildings within nonresidential zoning districts. These uses are permitted in the C-1, C-2, C-3, LI, and HI districts, subject to the standards of the district and the supplemental standards that are set forth in this section, and they must receive architectural design approval from the community development director.

B.

Industrialized and modular buildings shall not be utilized for residing in or any other residential purpose.

C.

The site design standards that are set forth in the table below are required for industrialized and modular buildings in all nonresidential zoning districts.

Standards for Industrialized and Modular Buildings

The keeping or raising of all farm animals or fowl and use of private stables shall be limited to property located within the RR zoning district with a special use permit and must have a minimum lot area of three (3) acres. The keeping or raising of animals or fowl shall be subject to all regulations of the Henry County Health Department and the Henry County Animal Control Ordinance.

Livestock processing and feedlots shall meet applicable State and Federal standards for confinement feeding operations. A buffer one hundred (100) feet in width is required on all side and rear property lines.

A.

Lodges and event facilities are permitted in the 01 and C3 (standalone building only), DT, and PUD zoning districts, subject to the site design standards for that district, as well as the restrictions pertaining to assembly uses. Lodges and event facilities are permitted with an approved special use permit within the LI and HI zoning districts, subject to the standards of the zoning district. An approved special use is also required within the RR zoning district, subject to the supplemental standards set forth in this section.

B.

Functions, including luncheons, banquets, parties, weddings, meetings, charitable fundraising, commercial or advertising activities, or other gatherings for direct or indirect compensation are permitted.

C.

The site design standards that are set forth below.

Standards for Lodges and Event Facilities

A.

As used in this zoning ordinance of the City of Stockbridge, Georgia, a place of assembly is a structure, portion of a structure, or area (either indoor or outdoor), designed primarily for people to gather to observe or participate in a single event or series of events. Places of assembly primarily consist of:

1.

Places of worship;

2.

Conference centers;

3.

Funeral homes;

4.

Auditoriums;

5.

Stadiums and coliseums;

6.

Movie theaters;

7.

Concert halls;

8.

Dance halls;

9.

Movie, television and radio studios admitting an audience;

10.

Private commercial/vocational schools (including martial arts and technical or vocational training); and

11.

Clubs and/or lodges.

B.

The following uses are not considered places of assembly for purposes of the UDC of the City of Stockbridge, Georgia:

1.

Public libraries;

2.

Hospitals, clinics and/or medical offices;

3.

Nursing homes;

4.

Flea markets;

5.

Transit stations;

6.

Restaurants;

7.

Recreational facilities without spectator seating.

C.

Subject to all conditions of the underlying zoning district and the conditions below, the following specific type(s) of place of assembly are permitted by right in the commercial and industrial zoning districts of the city:

1.

Places of religious worship;

2.

Movie theaters;

3.

Concert halls;

4.

Private commercial/vocational schools (including martial arts and technical or vocational training); and

5.

Clubs and/or lodges.

D.

Subject to subsection B. above and all conditions of any underlying zoning district places of assembly shall be conditional uses in all other zoning districts.

E.

In the event that any place of assembly is designed to serve more than fifty (50) persons at any given time (whether or not the place of assembly is actually occupied by more than fifty (50) persons), the parcel shall:

1.

Be located on a lot fronting a major thoroughfare; and

2.

Be located on a tract of land not less than two (2) acres in area and having a street frontage of not less than two hundred (200) feet. In the case of parcels of land containing multiple tenants, the total land area shall be prorated among the tenant spaces based on square footage of each tenant space. In such cases, the prorated area for the place of assembly shall be not less than two (2) acres in area.

F.

Nothing in this section shall be deemed to amend or otherwise alter any life safety code or any other provision of this code unless expressly provided for herein.

G.

Fairgrounds, outdoor amusements, amphitheaters, civic centers, convention centers, rodeos, and armories may be approved as a conditional use in RR, C-2, C-3, LI, and HI districts. Such facilities shall also meet the requirements of the applicable zoning district; of any applicable overlay district; of the assembly use regulations; and the additional site design standards that are set forth in this section.

Standards for Fairgrounds, Outdoor Amusements, and Amphitheaters

G.

Outdoor amusements include such activities as miniature golf, carnivals or midway rides, pony rides, climbing walls, tracks for go-carts and similar vehicles, and other tourist-oriented rides and amusements. Temporary activities or special events that include outdoor amusements are also regulated in subsection 3.2.39.

1.

Outdoor amusements may be freestanding, or two (2) or more amusements may be combined on a unified development site.

2.

Outdoor amusements may include accessory uses, such as snack shops or food stands, gift shops, ice cream stands, or similar uses, provided that such uses are not open to the public without entrance to the outdoor amusement.

3.

Site design standards for outdoor amusements are shown in the table below.

H.

Convention centers, civic centers, centers for performing arts and armories (where activities occur primarily indoors) shall meet the site design standards in the table below.

Standards for Convention, Civic, and Performing Arts Centers and Armories

I.

Places of worship and similar religious facilities shall meet the site design standards table below.

Standards for Places of Worship and Similar Religious Facilities

1.

Uses and activities other than worship shall be considered accessory uses and shall be clearly ancillary to the primary use. Such uses and activities shall be limited to the following:

a.

Religious instruction or similar instruction or study which is typically associated with the religion;

b.

Offices to support the establishment;

c.

Child or adult day care center (not on residentially-zoned property);

d.

Private academic school;

e.

Fellowship hall, with or without a kitchen (which may also be known as a community center, activity hall, or life center);

f.

Recreation facilities, including athletic fields;

g.

Individual meeting spaces; and

h.

Parsonage.

2.

All accessory uses are subject to the following requirements:

a.

The facility housing the accessory use shall meet all local, State, or Federal standards.

b.

The operator of the accessory use shall obtain any licenses that are required to conduct the accessory use. Any approval of the accessory use shall be contingent upon the receipt of all licenses.

c.

Loudspeaker or paging systems shall be located to ensure that they cannot be heard at the property line of adjacent properties.

d.

All outdoor activities shall occur no earlier than 7:00 a.m. and no later than 10:00 p.m.

e.

Exterior lighting shall be downcast of moderate brightness and shall not cause glare on any abutting property.

f.

Outdoor play or activity areas shall be no closer than fifty (50) feet from any residential property line.

3.

Child day care centers, adult day care centers, preschools, or child nursery uses are allowable accessory uses, subject to the following standards:

a.

The total floor area that is allocated to the child day care center, adult day care center, preschool, or nursery uses shall not exceed fifty percent (50%) of the total floor area on the site. The calculation of total floor area that is allocated to the uses shall be cumulative and shall include all child day care, adult day care, preschool, and nursery facilities, as well as related mechanical and support facilities.

b.

An off-street drop-off area for persons who are served by the facility shall be provided. The entrance and vehicle drop-off points shall not be located on a street providing primary access to residences, unless such street is classified as a collector or arterial.

4.

Private academic schools are allowable accessory uses subject to the following standards:

a.

The total floor area that is allocated to the school shall not exceed fifty percent (50%) of the total floor area on the site. The calculation of the total floor area that is allocated to the school shall include all classrooms, school library, school offices, teacher work areas, and the like, including related mechanical and support facilities.

b.

Notwithstanding provision number 5. below, the total floor area that is allocated to the school may exceed twenty percent (20%) of the total floor area on the site, provided that the area that is allocated to the school meets the requirements of subsection 3.2.33.

c.

The entrance and vehicle drop-off points for students shall not be located on a street providing primary access to residences, unless such street is classified as a collector or arterial.

5.

A fellowship hall is an allowable accessory use, provided that the total floor area which is allocated to the fellowship hall, including related mechanical and support facilities, shall not exceed thirty-five percent (35%) of the total floor area on the site.

6.

One (1) dwelling unit to serve as a parsonage may be established, subject to the following standards:

a.

The lot area within the parcel that is developed for religious uses and facilities to be devoted to the dwelling unit ("parsonage lot") shall have a minimum area of eight thousand (8,000) square feet. The parsonage lot shall be used exclusively for the dwelling unit, and it shall not include any primary or other accessory use that is allowable on the site. The parsonage lot shall not be used for any support activity to the primary or accessory uses, such as outdoor play areas, storage, or parking, other than as specifically provided for herein.

b.

The maximum lot coverage for the parsonage lot shall be thirty-five percent (35%).

c.

Two (2) parking spaces shall be provided within the parsonage lot.

d.

The maximum building height on the parsonage lot shall be thirty-five (35) feet.

e.

The parsonage lot may contain children's outdoor play equipment in a size and quantity that is typical of residential uses.

f.

The parsonage lot may contain a residential swimming pool, which is fully enclosed, and attached to the dwelling.

7.

A specific parking plan shall be provided. This plan shall identify the principal use and each accessory use that is proposed on the site. The parking plan shall indicate the hours of operation and the peak times of use (parking demand) for the primary use, as well as for and each accessory use on the site. The parking standards for the principal use and each accessory use shall be identified based upon unified development code requirements that are set forth in Section 4.7, Parking Requirements. The parking plan may propose reduced or shared parking, as set forth in subsection 4.7.8. The parking plan shall indicate areas that are designated for overflow parking during times of extraordinary use (such as festival or holiday periods).

8.

For religious facilities that exceed ten thousand (10,000) square feet in total floor area, excluding the parsonage, if any, the minimum setback from any property line that is otherwise required shall increase five (5) feet for each two thousand (2,000) square feet, or portion thereof, over ten thousand (10,000) square feet.

J.

Athletic fields may be located in any zoning district, and they shall meet the site design standards in the table below.

Standards for Athletic Fields

A.

The development of natural resources, including removal of minerals and other natural materials, together with necessary buildings and machinery, is allowed in the HI zoning district, subject to applicable law and the supplemental standards of this section.

B.

Where an existing quarry is proposed for extension or expansion beyond the property lines of the quarry area, such extension or expansion shall be considered as a new operation, subject to the standards that are set forth in this section.

C.

The area where mining or quarrying operations are conducted shall be fully enclosed with a fence or wall, and they must meet the following requirements:

1.

The fence or wall shall be located at least ten (10) feet from the edge of any excavation.

2.

The fence or wall shall be designed and installed to ensure safety and security of the site, and to prevent any entrance to the site by animals and unauthorized persons.

D.

Product piles, spoil piles, or any other accumulation of by-products shall not exceed thirty-five (35) feet in height above the original contour of the site.

E.

Roads within the excavation site shall be surfaced with a dust-free material.

F.

A mining land use plan, conforming to the requirements of Federal and State law, shall be required prior to the approval of any mining or quarrying activity.

A.

In addition to required setbacks, a minimum of fifty-foot wide buffer shall be required along all property lines which abut a residential district or use to provide a visual screen.

B.

The specialized housing facility is not located within one (1) mile of another homeless shelter.

C.

Meet all regulations as identified in the adopted building, housing, and fire codes before a certificate of occupancy can be issued.

D.

All facilities must apply for and receive a city business license.

E.

No more than forty (40) beds are to be maintained within the shelter.

F.

No alcoholic beverages, weapons or controlled substances are stored, served, sold, consumed, or in the possession of any person in the shelter.

G.

The homeless shelter provides on-site parking and/or drop-off space adequate to meet the needs of the proposed facility; provided, however, that any modifications to the existing parking or drop-off area will not increase the overall square footage of the existing area.

H.

Agency or organization must be registered through the Georgia Department of Community Affairs in the HUD Continuum of Care Program, Permanent Supportive Housing Program or related State of Georgia homelessness services program.

I.

The facility maintains adequate trash service to prevent the accumulation of waste on the premises.

J.

An operable telephone is maintained and readily available in the shelter; provided that in the event of an emergency or physical alteration, the city shall be immediately contacted.

K.

Loitering, camping, sleeping, etc. on the sidewalks is prohibited and such shelters shall ensure compliance with the City of Stockbridge ordinance regulations.

L.

There shall be no use on the property other than the day shelter for the homeless providing such homelessness services defined herein.

M.

Adequate restroom facilities must be provided at the location to meet the needs of the daily guests.

A.

The following activities are only permitted in the C-3, LI, and HI zoning districts.

B.

The outside storage of machinery and equipment, service areas for vehicles in need of major service or repair, and materials for construction or distribution.

C.

Outside storage involving machinery and equipment is only permitted on lots in the RR zoning district that are not within a subdivision, and which have a minimum lot area of two (2) acres, provided that such storage is not visible from the public right-of-way.

D.

Outside storage shall be located within a rear yard or side yard.

E.

Outside storage shall be fully concealed with a solid fence, in addition to any buffer requirements set forth in title.

F.

Outside storage of parts and materials, service areas, refuse, or work areas shall be maintained in a neat and orderly manner.

G.

No materials shall be stored within any required buffers.

H.

No outside storage of seafaring containers shall be allowed.

Each personal care home, boarding home, and group home having two (2) or less persons shall be subject to the following requirements:

A.

All regulated facilities shall comply with State laws and regulations and acquire applicable State licenses for operation.

B.

The exterior appearance of any residential structure for which a personal care home, boarding home, or group home is approved, shall be maintained as a residential structure and no signs shall be erected.

C.

Meet all regulations as identified in the adopted building code and adopted fire code.

D.

Meet all parking standards.

E.

All facilities must apply for and receive a city business license.

Standards for Personal Care Homes, Group Homes and Boarding Homes
Having Two or Less Persons

Each personal care home, boarding home, and group home having three (3) or more persons shall apply for and obtain a conditional use permit from the city council and comply with the following requirements:

Each personal care home, boarding home, and group home having three (3) or more persons shall apply for and obtain a special use permit from the city council and comply with the following requirements:

A.

All regulated facilities shall comply with State laws and regulations and acquire applicable State licenses for operation.

B.

The exterior appearance of any residential structure for which a personal care home, boarding home, or group home is approved, shall be maintained as a residential structure and no signs shall be erected.

C.

Meet all regulations as identified in the adopted building code and adopted fire code.

D.

Meet all parking standards as identified.

E.

All facilities must apply for and receive a city business license.

Standards for Personal Care Homes, Group Homes and Boarding Homes
Having Three or More Persons

A.

Applicability. Except as provided in this section, no application for a relocated structure permit shall be approved, nor shall any structure be moved or occupied prior to meeting all requirements of this section.

B.

A relocated dwelling is defined as a pre-existing structure which has been moved to another property or to a different location on the same property. Factory-built modular and manufactured homes are exempt from this section.

C.

Relocated dwellings shall be a permitted use in the RR (rural residential) zoning district, only as defined above and subject to all lot size and setback requirements of the RR district. Relocated dwellings shall be subject to all regulations of the Henry County Health Department concerning on-site sewage disposal facilities and private wells.

D.

Preliminary Inspections. No building permit application for a relocated structure shall be approved until a complete inspection of the structure is made by the city. An application for a relocated structure inspection shall be completed on forms that are provided by the community development director prior to the inspection being made. The inspection shall determine compliance or the feasibility of the compliance to all existing building codes, development codes, and ordinances which have been adopted by the mayor and city council. Depending upon the size, age, condition or design of the structure, the community development director may require an inspection and report from a structural engineer to evaluate the suitability of the structure for relocating. The engineering inspection and report fee for the relocated structure shall be paid by the applicant. If the community development director determines that compliance with existing codes is not feasible, the application for the building permit shall be denied. All such denials shall be in writing specifying the reasons therefore and shall be signed by the community development director.

E.

Follow-up Inspection. Following relocation of the structure and prior to and for re-inspecting, the owner of the relocated structure shall, at the owner's choice, remove either the interior wall covering on all exterior walls or the exterior wall covering on all exterior walls. If necessary, and at the direction of the community development director regarding the interior load-bearing walls, the owner shall remove one (1) side of these interior walls and the city shall then re-inspect the structure to ensure that its structural integrity has not been compromised and that any required improvements remain feasible.

F.

Inspection Fee. The inspection fee shall be as set forth in the fee schedule established by the city which shall be paid to the city prior to the inspection being made.

G.

Performance Letter of Credit or Escrow Letter of Surety Required of Owner of the Structure. To ensure that the structure will meet all current building construction codes of the City of Stockbridge and that the renovation of the relocated structure is completed and ready for occupancy within six (6) months from the date of issuance of the building permit, the owner of the relocated structure shall provide an irrevocable letter of credit or irrevocable bank escrow letter of surety in the amount of ten thousand dollars ($10,000.00) in a form that is approved by the city attorney. Such irrevocable letters of credit or irrevocable bank escrow letters of surety shall be issued from a federally insured banking institution.

H.

Building Permit. A building permit shall be obtained from the building safety division for a relocated structure prior to locating such structure on a lot. The fee for the permit shall be as set forth in the City of Stockbridge fee schedule.

I.

Owner Certification. All applications for permit shall be accompanied by a sworn affidavit that the applicant is the owner of the relocated structure and the owner of real property on which the structure is to be relocated. Prior to occupancy, the owner shall be required to obtain a certificate of occupancy (CO).

J.

Route Approval.

1.

Structures to be Located Within the City of Stockbridge. Prior to the issuance of a permit for a relocated structure, the applicant must first submit and receive approval from the police department and the City of Stockbridge regarding the proposed route. The applicant shall provide the name and address of the moving company, owner of structure to be moved, destination of structure, type and size of structure, map of the proposed route, and the name of the insurance company. Such approval and information must be on forms that are furnished by the community development director.

2.

Structures to be Located Outside of the City of Stockbridge. Prior to moving a pre-existing structure through the City of Stockbridge, routes must be approved by the police department and the City of Stockbridge on forms provided by the director. The applicant shall provide the name and address of the moving company, owner of structure to be moved, destination of structure, type and size of structure, map of the proposed route and insurance company. Required police escort must be prearranged with the police department three (3) business days prior to moving a structure through the City of Stockbridge. Moving of such structures through the City of Stockbridge shall only be allowed on routes that are approved by the City of Stockbridge.

K.

Requirements for Moving Companies. Any firm or individual who is moving structures into or through the City of Stockbridge shall provide a valid copy of the Georgia Department of Transportation oversize/overweight permit for the structures and a certificate of liability insurance, naming the City of Stockbridge as the certificate holder, that meets or exceeds the minimum insurance standards that are required by the Georgia Department of Transportation.

L.

Guarantee of Completion. No application for a building permit shall be approved until a performance bond, an irrevocable letter of credit, or an irrevocable bank escrow letter of surety is first provided, as is referred to in subsection G., above.

M.

Time of Completion. The work that is authorized by any permit for a relocated structure must be completed in compliance with all codes and ordinances of the City of Stockbridge within six (6) months from the date of issuance of the building permit, unless it is extended as provided herein. In the event that such a structure is not in compliance and/or is not completed within the specified time limit, the building official shall notify the owner in writing, giving specific causes of noncompliance or non-completion. Upon notification, the owner shall have thirty (30) calendar days to correct such noncompliance or non-completion. Failure of the owner to correct causes of noncompliance or non-completion, and the owner has not received an extension of completion time, shall cause a notice to move or demolish such structure to be issued to the owner immediately. Failure to move or demolish such structure within ten (10) calendar days of such notice being given shall be deemed a violation of this section and shall be punishable in the municipal court of the City of Stockbridge and the director shall authorize the surety or bank issuing the irrevocable letter of credit or escrow letter of surety to release all funds to the city.

N.

Extension of Completion Time. The community development director may issue a ninety-day extension of completion time for cause beyond the original six-month compliance/completion period upon the receipt of a written request by the owner stating the reason for the extension and payment of applicable fees. A second ninety-day extension may be issued following the first ninety-day extension upon written request by the owner stating the reason for the second request. Approval or denial of an extension shall be in writing and shall be signed by the building official. Permission for a greater extension of time may only be granted by mayor and city council in regular session. Applications brought before the mayor and city council shall be on forms provided by the community development director. An extension of the irrevocable letter of credit, or irrevocable bank escrow letter of surety, may be required if sufficient time does not remain on the performance irrevocable letter of credit or irrevocable bank escrow letter of surety to ensure that the structure will meet all current building construction codes of the City of Stockbridge and that the renovation of the relocated structure is completed and ready for occupancy within the specified time. Fees for each extension shall be as set forth by the city.

O.

Certification of Occupancy. A certificate of occupancy shall be issued upon the passing of a final inspection of a structure and shall verify the completion requirements of this section, including compliance with all existing building and life safety codes.

A.

A roadside produce stand is permitted in the RR zoning district, subject to the site design standards of the district, and the standards of this section.

B.

Roadside stands are allowable for the sale of vegetables, fruit, produce, eggs, or other agricultural products that are grown on the premises. Agricultural products shall not include poultry or livestock.

C.

Roadside and produce stands shall meet the site design standards below.

Standards for Roadside Produce Stands

A.

Salvage yards and junkyards are permitted in the HI zoning districts, subject to the standards of the district and the supplemental standards in this section. In addition, salvage yards shall be required to have a minimum lot size of two (2) acres.

B.

The site design standards for salvage yards and junkyards are set forth in the table below.

Standards for Salvage Yards and Junkyards

C.

Sanitary landfills shall not be permitted.

D.

Wrecker services (with storage areas) are a special use in the HI zoning districts, subject to the standards of the districts and the supplemental standards of this section.

E.

The site design standards for wrecker services (with storage areas) are set forth in the table below.

Standards for Wrecker Services (with storage areas)

A.

Public or private academic schools are permitted in the following zoning districts: OI, C-1, C-2, or PUD, subject to the standards of the zoning district, and the supplemental standards of this section:

B.

The site design standards presented in the table below.

Standards for Public and Private Schools

A.

Self-service storage facilities, also called mini-storage or self-storage, are permitted in the C-3, LI, and HI zoning districts, subject to the standards of the zoning district and the supplemental standards set forth in this section.

B.

The following activities or uses are prohibited on the grounds or within the buildings of self-service storage facilities:

1.

Wholesale sales;

2.

Retail sales, including garage sales, or other commercial activities;

3.

Manufacturing, fabrication, processing, or other industrial activity;

4.

Service or repair of vehicles, engines, electronic equipment or similar activities;

5.

Rehearsal or practice of musical instruments;

6.

Residential and office uses.

7.

Storage of flammable liquids, highly-combustible or explosive materials, or hazardous wastes or chemicals is prohibited.

C.

Notwithstanding the limitations described in above, the following activities may be conducted:

1.

Rental of storage bays.

2.

Truck rental business, limited to a maximum of twenty-five percent (25%) of the gross site area.

3.

Sales of boxes or goods related directly to the operation of a self-service storage facility.

4.

Sales by the owner or manager of the facility of abandoned items for reclamation of rental costs.

D.

Except as specifically provided in this section, all property stored on the site shall be entirely within enclosed buildings.

E.

As an accessory use, one (1) dwelling unit may be established for security personnel, management personnel, or the facility owner.

F.

The site design requirements presented in the table below.

Standards for Self-Service Storage Facilities

G.

The design standards which are presented the table below are required for self-service storage buildings:

Standards for Self-Service Storage Facilities

H.

Outdoor (open) storage is permitted, subject to the standards that are set forth in the table below.

Standards for Outdoor Storage at Self-Service Storage Facilities

I.

Traffic circulation requirements.

1.

Traffic lane widths shall be established to provide for the adequate circulation, safety, and accessibility of trucks, cars, and individuals who utilize dead storage in such facilities.

2.

The minimum traffic lane width shall be twenty-five (25) feet.

3.

The maximum traffic lane width shall be forty (40) feet.

4.

Traffic flow patterns, directional signage, and painted land markings with arrows shall also be clearly marked.

5.

In order to ensure appropriate access and circulation by emergency vehicles and equipment, the turning radii of the aisle ways shall be approved by the community development director at the time of the preliminary plan review.

6.

There shall be no aisle ways or other vehicular access ways located in the buffer area or within the designated rights-of-way.

J.

The standards that are set forth in the table below required for landscaping.

Standards for Self-Service Storage Facilities

The purpose of this section is to determine where age-restricted adult housing may be located and to provide minimum standards. The intent of this section is to encourage age-appropriate housing for persons with mobility, sensory, and cognitive limitations. Though these regulations require that over-all developments feature a measure of accessibility, full accessibility is encouraged. Accessibility is defined by the Georgia Accessibility Code as amended, and any age-restricted adult housing development must meet the same standards required by Georgia Accessibility Code 120-3-20-.54 in order to be considered fully accessible.

Senior adult housing may be allowed in the following zoning districts as either the primary use or as a supplemental use, in addition to another permitted use: RR, SR, CCR, and MFR, provided that, at a minimum, the following restrictions apply. Final plats and all required construction documents shall include a notation specifying "Age-Restricted Adult Housing." The development standards for senior adult housing are listed below. Developments must also comply with the districts in which they are located, including any overlay districts. In this section, "senior adult housing" does not include assisted living facilities or nursing homes.

A.

Unit types allowed:

1.

Only single-family detached units may be allowed in RR and SR districts.

2.

Only multi-family units may be allowed in CCR and MFR district.

B.

The development shall have a minimum of twenty (20) dwelling units.

C.

The maximum net density shall meet the future land use plan requirements.

D.

At least forty percent (40%) of the gross site area shall be open space. The open space shall provide amenities such as pathways, seating areas, and recreation areas for residents. The open space shall be protective of natural features.

E.

At least one (1) on-site community building or interior community space shall be provided which contains a minimum of the following heated floor area:

1.

Twenty (20) square feet of heated floor area per dwelling unit for the first ninety-nine (99) units with a minimum of five hundred (500) square feet; and

2.

Ten (10) square feet of heated floor area per additional dwelling unit.

F.

For phased development—Open space, recreational facilities, and other accessory facilities shall be provided in each phase to meet the requirements as stated herein of the residents of each phase. The developer shall provide a schedule for the installation of facilities at the time of the first permit approval.

G.

At the time of the first permit application, the developer shall establish how the age restrictions will be implemented and maintained over time. If the development is anything other than a rental community under single ownership, a common entity such as a condominium association, a homeowners' association, or a property management company shall be established to maintain and enforce the age restrictions in addition to the City of Stockbridge enforcement of zoning regulations.

H.

The minimum unit size shall be one thousand two hundred (1,200) square feet.

I.

All open space, common areas, and related improvements shall be fully accessible and shall be managed and maintained by the owner of the development or a common entity such as a condominium association, or a homeowner's association.

J.

Any structure within the development may be fully accessible; however, the minimum standards of this section shall be met. The development shall incorporate universal design features, as are listed below. The application shall include descriptions of the universal design features of proposed dwellings to demonstrate their appropriateness for the age-restricted population. The material that is submitted shall indicate how universal design features will be used to make individual dwellings adaptable to persons with mobility, sensory, or otherwise functional limitations; and how the design will provide accessible routes between parking areas, sidewalks, the front doors of the dwelling units, and common areas. These routes shall be a minimum of ten (10) feet wide, allowing mobility-enhancing devices to meet and pass safely.

1.

"No-step" (maximum vertical floor level change of one-quarter (¼) inch, except where a tapered threshold is used, which has a maximum height of one-half (½) inch access to the front door entrance to all dwelling units and community buildings is required. If a no-step front entrance is not feasible, an alternate no-step walkway to the front floor may be approved.

2.

A minimum thirty-six-inch wide front door with exterior lighting at the entrance is required. Exterior doors shall be provided with an artificial light source located in the immediate vicinity of the exterior door. The illumination of the exterior light shall be controlled from inside the dwelling, except for lights that are continuously illuminated or automatically controlled.

3.

All interior doorways must have a minimum of thirty-two-inch clear width in the open position—typically a thirty-six-inch door.

4.

A thirty-six-inch fully accessible route must connect throughout the floor which is served by the front door of the dwelling unit. The maximum vertical floor level change is one-quarter (¼) inch, except where a tapered threshold is used, which has a maximum height of one-half (½) inch.

5.

A complete living area, including, but not limited to, kitchen, master bedroom, and bathroom, shall be located on the floor served by the front door of the dwelling unit.

6.

Lever handles are required on all interior and exterior doors.

7.

Clear floor space of thirty (30) inches by forty-eight (48) inches shall be provided and centered on each appliance and fixture in the kitchen. Floor space can overlap.

8.

Walls shall be reinforced (blocked) to allow for the later installation of grab bars around the toilet, tub, and shower stall; and of wall-hung bench shower seat.

9.

Maneuvering space shall be provided within the bathroom to permit a person using a mobility aid to enter the room, close the door, and reopen the door with a clear floor space of thirty (30) inches by forty-eight (48) inches. Clear floor space of thirty (30) inches by forty-eight (48) inches shall be provided and centered on each fixture in the bathroom. Floor space may overlap.

10.

Wall-mounted electrical outlets, light switches, and environmental controls shall be mounted for a reaching range of a minimum of fifteen (15) inches to a maximum of forty-eight (48) inches above the floor. Such wall-mounted devices shall be of a contrasting color with the wall.

"Small box discount store" means a retail establishment:

1.

With floor area of less than twelve thousand (12,000) square feet;

2.

That primarily offers for sale a combination and variety of convenience shopping goods and consumer shopping goods; and

3.

Continuously offers and advertises a majority of the items in their inventory for sale at a price less than ten dollars ($10.00) per item.

"Small box discount store" shall not include the following: Drug stores or a convenience store attached to or collocated with gas stations.

To avoid over-concentration, a small box discount store must be separated from another small box discount store within or outside the city by a minimum distance of five (5) miles. The required separation distance must be measured in a straight line from the nearest point on the lot line of the property occupied by a small box discount store to the nearest point on a lot line of the other property occupied by a small box discount store.

A.

Definitions.

1.

"Solar energy system (SES)" means a device or structural design feature that provides for the collection of solar energy for electricity generation, consumption, or transmission, or for thermal applications.

a.

For purposes of the City of Stockbridge UDC, SES refers only to:

i.

Photovoltaic SESs that convert solar energy directly into electricity through a semiconductor device; or

ii.

Solar thermal systems that use collectors to convert the sun's rays into useful forms of energy for water heating, space heating, or space cooling.

b.

SES as used in the City of Stockbridge zoning code excludes concentrated solar power, which uses mirrors to focus the energy from the sun to produce electricity.

2.

"Integrated solar energy system" means an SES where solar materials are incorporated into building materials, such that the two (2) are reasonably indistinguishable, or where solar materials are used in place of traditional building components, such that the SES is structurally an integral part of a house, building, or other structure. An Integrated SES may be incorporated into, among other things, a building facade, skylight, shingles, canopy, light, or parking meter.

3.

"Rooftop solar energy system" means an SES that is structurally mounted to the roof of a house, building, or other structure and does not qualify as an Integrated SES.

4.

"Ground mounted solar energy system" means an SES that is structurally mounted to the ground and does not qualify as an Integrated SES. For purposes of the City of Stockbridge UDC, any solar canopy that does not qualify as an Integrated SES shall be considered a ground mounted SES, regardless of where it is mounted. The footprint of a ground mounted SES is calculated by drawing a perimeter around the outermost SES panels and any equipment necessary for the functioning of the SES, such as transformers and inverters. The footprint does not include any visual buffer or perimeter fencing. Transmission lines (or portions thereof) required to connect the SES to a utility or consumer outside the SES perimeter shall not be included in calculating the footprint. Ground mounted SESs shall be delineated by size as follows:

a.

"Small scale ground mounted solar energy system (small scale SES)" means a ground mounted SES with a footprint of less than two (2) acres.

b.

"Intermediate scale ground mounted solar energy system (intermediate scale SES)" means a ground mounted SES with a footprint of between two (2) to fifteen (15) acres.

c.

"Large scale ground mounted solar energy system (large scale SES)" means a ground mounted SES with a footprint of more than fifteen (15) acres.

B.

Applicability. Any SES that, prior to the effective date of the ordinance from which this section is derived; is in operation, is being lawfully sited, constructed, or installed; or has caused the incurrence of substantial liabilities relating to siting, construction, or installation; shall be exempt from complying with these supplemental regulations unless the surface area of an integrated SES or rooftop SES or the footprint of a ground mounted SES is increased by more than ten percent (10%) after the effective date of the ordinance from which this section is derived.

C.

General Requirements for All Solar Energy Systems. The following requirements apply to all SESs.

1.

Height. An integrated or rooftop SES shall be given an equivalent exemption, if any, to the applicable zoning district's height restrictions for roof-mounted mechanical devices or equipment, except a rooftop SES mounted on a sloped roof shall not vertically exceed the highest point of the roof to which it is attached.

2.

Impervious Surface. Ground mounted structures and components of the ground mounted SES, including transformers and foundations, shall be considered impervious. However, for purposes of compliance with the Stockbridge zoning code's impervious surface coverage requirements, the panels of a ground mounted SES shall be considered pervious if they maintain sheet flow and allow for water to infiltrate under and around them through a pervious surface and into the subsoil.

3.

Lighting. To reduce light pollution, lighting of a ground mounted SES shall:

a.

Be limited to the minimum reasonably necessary for its safe operation;

b.

Be directed downward where reasonably feasible;

c.

Incorporate full cut-off fixtures; and

d.

Reasonably utilize motion sensors.

4.

Tree Removal. The removal of trees or natural vegetation for any SES shall be avoided to the extent reasonably practicable and shall comply with the requirements of the City of Stockbridge UDC.

5.

Location. All ground mounted SESs permitted as an accessory use, in any district, must be located in the rear yard of the property and must be screened so as not visible from the public right-of-way.

6.

Decommissioning. Decommissioning shall begin no later than twelve (12) months after a ground mounted SES has ceased to generate electricity or thermal energy. Within six (6) months of the beginning of decommissioning, the SES and all structures associated with it shall be removed, all materials shall be recycled or otherwise reused to the extent reasonably practicable, and the property shall be returned to its condition prior to the installation of the SES or to some other condition reasonably appropriate for the designated land use.

D.

Specific Requirements for Intermediate and Large-Scale Solar Energy Systems. The following requirements apply to intermediate and large-scale SESs, in addition to the general requirements in this section that apply to all SESs.

1.

Setbacks. An intermediate or large-scale SES shall comply with the following setback requirements: The intermediate or large-scale SES shall be located no closer than the lesser of:

a.

Fifteen (15) feet from any property line; or

b.

The required setback for the applicable zoning district, if any; the intermediate or large-scale SES shall be located no closer than the lesser of:

i.

Twenty (20) feet from any public right-of-way; or

ii.

The required setback for the applicable zoning district, if any; and the intermediate scale SES shall be located no closer than fifty (50) feet from any residential dwelling unit on an adjacent lot.

The large-scale SES shall be located no closer than one hundred (100) feet from any residential dwelling unit on an adjacent lot.

2.

Visual Buffers. An intermediate or large-scale SES shall have, to the extent reasonably practicable, a visual buffer of natural vegetation, plantings, earth berms, and/or fencing that provides a reasonable visual and lighting screen to reduce the view of the SES from residential dwelling units on adjacent lots (including those lots located across a public right-of-way). The existing natural tree growth and natural landforms along the SES perimeter may create a sufficient buffer and shall be preserved when reasonably practicable.

3.

Signage. An intermediate or large-scale SES shall display signs (a) stating the risks that may result from contact with an intermediate scale SES, (b) identifying the owner or operator of the intermediate scale SES, and (c) providing a twenty-four-hour emergency contact phone number; shall comply with the requirements of the applicable zoning district for displaying any advertisement; and may have signs that contain educational information about the SES.

A.

Swimming pools accessory to residences shall be constructed in accordance with the applicable swimming pool code and shall be approved by the community development department prior to obtaining a building permit.

B.

All residential accessory swimming pools shall meet the following standards:

1.

A swimming pool shall comply with minimum side and rear yard setbacks for accessory structures. Setbacks for accessory swimming pools shall be measured from the decking or closed part of the pool structure to the property line.

2.

A pool shall be enclosed by a security fence of not less than four (4) feet in height from ground level. Security fence shall not be required for above ground pools that are greater than four (4) feet in height, provided that the entrance to such pools shall be restricted with a gate. A gate shall be installed at all entrances to any deck structure which is attached to such pool and/or at all ladder structures accessing such pool.

3.

All gates that are attached to such security fences shall contain self-closing positive latch devices to ensure that the pool is enclosed and secure at all times.

4.

The required security fence shall be installed prior to occupancy or any use of the swimming pool.

5.

No ladders shall be affixed to a pool for purposes of entry or exit while self-closing positive latch entrance gates are open.

6.

All security fences shall be installed with a solid and permanent foundation, which shall include fastening such materials a minimum of one (1) foot into the ground.

7.

A security fence may include decorative materials, such as brick, wrought iron, stone, wood, or masonry.

C.

Any constructed or prefabricated pool that is used other than in conjunction with a private single-family residence shall be deemed a public swimming pool.

1.

Public pools, including, but not limited to, those which are built and operated by a public agency, or as part of a multiple-family residential development, a subdivision association, a two-family residential development, a condominium association, or a private club, shall be enclosed by a security fence of not less than five (5) feet in height and have permitted landscaping installed, as approved by the community development director.

2.

Security fences shall be transparent and shall not include privacy fences or fences that obstruct the view of the pool from the outside.

3.

Security fencing and gates shall comply with the standards in this section listed above.

4.

Swimming pools shall comply with the standard setback requirements of the zoning district in which the property is located.

A temporary building or use in connection with a construction project or subdivision development shall be permitted on the property during the construction period. The following standards shall be met by temporary uses that are established during construction or land subdivision:

A.

A building permit shall be required.

B.

Timeframe to utilize temporary structures.

1.

Temporary structures related to a subdivision development shall be removed when eighty percent (80%) of all lots are occupied by completed homes or within four (4) years of issuance of the permit, whichever occurs first. For all types of projects, if construction becomes inactive for twelve (12) months, then any existing temporary structures must be removed within ninety (90) days.

2.

The community development director may issue a one-time, one-year extension of completion time for cause beyond the original completion period upon written request by the owner, including the reason for the request and an updated account of completed houses within the subdivision. Approval will be based upon, but not limited to, current maintenance and aesthetics of the temporary structure and property, and verification that all required erosion control measures are in place. Applicants shall apply for the one-time extension within thirty (30) business days of the expiration date of the temporary structure permit. Granted or denied extensions of the compliance/completion period shall be in writing and signed by the building official within ten (10) business days. All extension approvals will be subject to a fifty-dollar ($50.00) renewal fee as established from time to time.

C.

Temporary offices to be used for administrative functions during construction may be located on a construction site. The proposed construction building shall meet tie-down requirements for mobile home structures and have a current contract for sewage pump-out. Construction buildings shall be removed within thirty (30) days of completion of the construction site for which they are permitted.

D.

On-site outdoor storage of equipment and construction materials shall be allowed during the period of construction.

E.

Portable toilet facilities shall be allowed, provided that applicable industry hygiene standards are maintained.

F.

Construction and demolition debris dumpsters are allowed, provided that an active building permit is maintained. Such dumpsters shall be removed within ten (10) calendar days of issuance of a C.O. or expiration of the building permit. Dumpsters are not required to be screened.

G.

A temporary office that meets parking, handicapped, and landscape requirements shall be allowed. A temporary office may be used for sales functions or sales offices, allowing for the sale, resale or marketing of dwellings, structures or property within the development in which it is located, or adjacent developments under the same ownership and control.

H.

On-site temporary use of structures and equipment for the building of roads, public utilities and government projects shall be allowed.

A.

Truck stops (or truck service centers) are a special use in the HI zoning district only, subject to the site design standards for the district, any overlay district, and the specific site design standards in this section.

B.

Truck stops may include the following activities and uses: Sale of fuel, oil, lubricants, and similar products; sale of small automotive accessories; sale of food and sundries; convenience store; restaurant drive-up windows; inspection stations for emissions; or truck wash. Truck stops shall not include repair shops, body shops, paint shops, or paint booths.

C.

Design standards for truck stops are indicated in the table below.

Standards for Truck Stops

The hours of operation allowed for dance studios shall be 7:00 a.m. to 10:00 p.m.

(Ord. No. OR24-559, 3-4-2024; Ord. No. OR24-565, § 1(Exh. A, E.1., E.2.), 5-13-2024; Ord. No. OR24-580, §§ 4(Exh. E), 5, 11-12-2024; Ord. No. OR25-584, § 1, 1-13-2025; Ord. No. OR25-589, § 1, 2-10-2025)