Section 14-1.1 Establishment and application.

The DeKalb County-Annexed (DK-A) Zoning District is applied to properties that are annexed into the city limits of the City of Stone Mountain after the effective date of this zoning ordinance.

(Ord. No. 2014-06, Pt. I, 9-2-14)

Section 14-1.2 Regulation of lands in the DK-A Zoning District.

Any properties zoned DeKalb County-Annexed (DK-A) as shown on the official zoning map, unless otherwise specifically approved by the Stone Mountain Mayor and city council, shall be subject to the property-specific conditions of zoning or special use, or both, approved pursuant to the DeKalb County Zoning Ordinance which applied to said properties at the time they were zoned, or the special use was permitted in unincorporated DeKalb County immediately prior to annexation. The official DeKalb County zoning and special use permit files of properties so annexed shall become official files of the City of Stone Mountain and shall be maintained by the zoning administrator and said conditions of zoning or special use approval, or both, approved pursuant to the DeKalb County Zoning Ordinance and applied by the City of Stone Mountain, shall constitute the zoning regulations governing said properties.

(Ord. No. 2014-06, Pt. I, 9-2-14)

Section 14-1.3 Development of properties in the DK-A Zoning District.

Properties in the DK-A district shall continue to enjoy the use or uses specifically conferred by a zoning or special use permit in place immediately prior to annexation and authorized pursuant to the DeKalb County Zoning Ordinance. Development of any properties zoned DK-A on the effective date of this zoning ordinance shall comply with the following:

A.

The property-specific conditions of zoning adopted by the DeKalb County Board of Commissioners in a property-specific rezoning action by resolution and which were in effect for said property when in unincorporated DeKalb County immediately prior to annexation.

B.

The property-specific conditions of special use approval adopted by the DeKalb County Board of Commissioners in a property-specific special use permit action by resolution and which were in effect for said property when in unincorporated DeKalb County immediately prior to annexation.

C.

Any modifications of zoning or special use permit conditions granted by the DeKalb County Board of Commissioners by official action which are a part of the official DeKalb County files for said property on record with the zoning administrator.

D.

Any property-specific variances granted by the DeKalb County Board of Zoning Appeals and which are a part of the official DeKalb County files for said property on record with the zoning administrator.

E.

In reviewing a development proposal for compliance with the zoning regulations of the DK-A Zoning District, questions may arise as to what other additional dimensional requirements or use regulations apply. In certain cases the zoning administrator may not be able to resolve such questions by relying on the zoning or special use permit conditions and any applicable variances or modifications of said conditions alone. For example, questions may arise as to whether the use provisions allow for an accessory building, structure, or use on the subject property that is not shown on the site plan approved as a condition. In such instances where questions about development permissions cannot be resolved by applying the above provisions A. through E. of this section, the zoning administrator shall apply regulations of the Stone Mountain zoning district established in article V, district regulations, of this zoning ordinance which most closely resembles the zoning district of DeKalb County's Zoning Resolution which applied to the property immediately prior to annexation, as more particularly shown in Table 14-1.1.

F.

The zoning administrator shall use the regulations found in article VI, supplemental regulations, article VII, off street parking and loading regulations and article VIII, buffer provisions of the zoning ordinance when questions arise that are not addressed by article V, district regulations.

Table 14-1.1

DeKalb County—Stone Mountain Zoning District

Conversion based on permitted uses and density

Note 1: PC-2 and PC-3 districts incorporate multiple districts to regulate land use.

(Ord. No. 2014-06, Pt. I, 9-2-14)

Section 14-1.4 Remedies for additional development permission.

A.

In any case where a development is proposed on property zoned DK-A but such development would not be consistent with the provisions of the DK-A zoning district as specified in this chapter, there shall be the following possible remedies:

1.

File an application to rezone the property from DK-A to another zoning district set forth in article IV of this zoning ordinance which will lawfully provide for the proposed development, in accordance with applicable zoning procedures and article II of this zoning ordinance.

2.

The zoning administrator may authorize that a variance application be made in accordance with the provisions of article II of this zoning ordinance, but only involving development that cannot meet the yard area, setbacks, buffers, landscape strips, building coverage, or other dimensional (numeric) requirements of the approved site plan and conditions of zoning. Variance applications shall be processed in accordance with applicable zoning procedures and article II of this zoning ordinance.

3.

Administrative variances may be granted to properties zoned DK-A, pursuant to article II of this zoning ordinance.

B

The zoning administrator shall not accept nor be authorized to process an application to modify the conditions of zoning approval pertaining to properties in the DK-A zoning district.

C.

The zoning administrator shall not accept nor be authorized to process an application to modify a site plan or development plan approved by DeKalb County and made a part of the regulations of the DK-A Zoning District; provided, however, that minor revisions to an approved site plan or development plan may be administratively approved by the zoning administrator if in the zoning administrator's judgment such changes:

1.

Do not involve an increase in density or intensity of the site; and

2.

Do not alter buffers or setbacks along perimeter boundaries; and

3.

Do not otherwise result in a change that would be contrary to the public interest or that would be better considered via a public hearing process and a change in zoning or special use approval.

(Ord. No. 2014-06, Pt. I, 9-2-14)

Section 14-1.5 Compliance.

Except as this chapter specifically authorizes otherwise, lands annexed into the municipal limits of the City of Stone Mountain after the effective date of this zoning ordinance shall be subject to all applicable procedural and substantive requirements of this zoning ordinance as now or hereafter amended.

(Ord. No. 2014-06, Pt. I, 9-2-14)

Section 14-1.6 Assumption of administrative functions.

In cases where conditions of DeKalb County zoning approval applicable to property in the DK-A zoning district require an administrative determination or decision, interpretation, or other administrative action, the zoning administrator shall have the authority to make such administrative determination, decision, or interpretation. To this end, the zoning administrator shall assume the authority of all administrative officials referred to in said conditions of zoning approval by DeKalb County; provided, however, that in cases where engineering considerations are specified, the zoning administrator shall refer such considerations to a licensed professional engineer, whose determination, decision, or interpretation shall be followed by the zoning administrator.

(Ord. No. 2014-06, Pt. I, 9-2-14)