6-1.1 Nonconforming uses established.

A.

Within the zoning districts established by this zoning ordinance or amendments that may later be adopted there might exist land, and uses of land and structures in combination which were lawful before this zoning ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this zoning ordinance or future amendment. Such nonconforming uses are declared by this zoning ordinance to be incompatible with permitted uses in the districts involved. It is the intent of this zoning ordinance to permit these nonconformities to continue until they are removed, but not to encourage their expansion.

6-1.2 General rules for nonconforming use continuance.

A.

To avoid undue hardship, the lawful use of any building, structure or land use at the time of enactment of this zoning ordinance may be continued even though such use does not conform with the provisions of this zoning ordinance except that the nonconforming use shall not be:

1.

Changed to another nonconforming use;

2.

Reestablished after discontinuance of six months or more. When a nonconforming use of a building, structure or land is discontinued for a continuous period of six months, the building, structure or land shall not thereafter be used except in conformity with the existing zoning regulations of the district in which the building, structure or land is located. The provisions of this subparagraph shall operate to prohibit resumption of the nonconforming use after the specified time has elapsed, regardless of any reservation of an intent not to abandon the right to use the building, structure or land use not in conformance with the provisions of this zoning ordinance;

3.

Repaired, rebuilt, or altered after damage exceeding 50 percent of its replacement cost at the time of destruction for all uses with the exception of single-family detached uses which shall be permitted after any damage to be repaired or rebuilt to the equivalent of its pre-damaged condition. Authorized reconstruction shall begin within one year after damage is incurred;

4.

Enlarged or altered in a way which increases its nonconformity, except that a nonconforming use may be extended into an additional area of a building, structure or land use that existed at the time of passage or amendment of this zoning ordinance;

5.

Enlarged, extended or moved, except in changing the use of a structure to a use permitted in the zoning district in which it is located, in which case the expansion, enlargement or relocation of buildings or structures shall conform to the yard, buffer, height and other dimensional requirements for the underlying zoning district;

6.

Extended throughout any part of a building unless such part was manifestly arranged or designed for such use at the time of adoption or amendment of this zoning ordinance. No such nonconforming use shall be extended to occupy any land outside such building or structure; or

7.

Exempted from tree protection requirements; buffer, landscaping and screening requirements; parking and access requirements, or signs and lighting requirements of the underlying zoning district when changing to a conforming use.

8.

Also to avoid undue hardship, nothing in this zoning ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this zoning ordinance.

A.

A group project (housing, commercial, industrial, educational, medical, religious, civic) of two or more buildings to be constructed on a plot of ground of at least two acres in area which will not be subdivided into customary lots and streets may be constructed provided:

1.

Uses shall be limited to those permitted within the district in which it is located.

2.

Density and building coverage requirements of the district are met.

3.

The distance of every building from the nearest property line shall be adequate to meet all setback and yard requirements of the zoning district in which the plot is located.

A.

Single lot record: Where the owner of a lot at the time of the adoption of this ordinance or his successor in title thereto does not own sufficient land to enable him to conform to the dimensional requirements of this ordinance, such lot may be used as a building site for a single-family residence in the R-3 or R-4 districts or for a permitted use in other districts, provided the building conforms to the dimensional requirements applied to the lot and that a variance from those it cannot conform to be granted by the mayor and city council, and that construction is in compliance with other city ordinances.

B.

Adjoining and vacant lots of record: If two or more adjoining and vacant lots with continuous frontage are in a single ownership at any time after the adoption of this ordinance and such lots individually are less than the lot width requirements for the zone in which they are located, such groups of lots shall be considered as a single lot or several lots of minimum permitted size and the lot or lots in one ownership shall be subject to the dimensional requirements of this ordinance.

C.

Lot in more than one district: Wherever the line of demarcation between two zoning districts of different usage divide a lot so that either one or both sections are made too small for advantageous use of the property, the property owner has the privilege of using said lot for any permitted use of either of two adjacent districts provided the specific use and site plan is approved by the mayor and city council.

A.

Visibility at minor intersections and access points: For purposes of this section, a "minor intersection" is defined as (a) an intersection where a cross (minor) street is controlled by "Stop" signs while the major street is uncontrolled; or (b) the intersection of a private drive or entrance or exit with a public street if the drive or entrance or exit is designed to allow left turns onto the public street across traffic approaching from the left. In this case, the words "minor street" shall include the words "private drive" or "entrance" or "exit."

For the purpose of this section, an "access point" is defined as the intersection of a private drive or entrance or exit with a public street, if the drive or entrance or exit is designed to discourage or inhibit left turns onto the public street across traffic approaching from the left.

1.

Visibility at minor intersections: At minor intersections no fence, wall, shrubbery, marquee or other material obstruction to visibility between the heights of three feet and ten feet shall be erected, planted, placed or maintained, and no vehicle so obstructing visibility shall be parked within triangular areas defined as follows:

a.

Beginning at a point where the center line of the minor street intersects the midline of the nearest traffic lane, approaching from the left, on the major street; thence along said midline, in the direction of approaching traffic, a distance of 30 feet, if it is a two-lane street (or 35 feet if it is a four-lane street), for each five miles per hour of speed allowed by the posted speed limit; thence to a point on the centerline of the minor street which point is at least 15 feet from the curb line of the major street and at least ten feet from any crosswalk or stop sign, in a direction away from the major street; thence to the point of beginning.

b.

If left turns from the minor street onto the major street are permitted, additional visibility triangles shall be required defined as follows:

i.

Beginning at a point where the centerline of the minor street intersects the midline of the nearest traffic lane approaching from the right, on the major street; thence along said midline, in the direction of approaching traffic, a distance of 35 feet, if it is a two-lane street (or 40 feet if it is a four-lane street), for each five miles per hour of speed allowed by the posted speed limit; thence to a point on the centerline of the minor street which point is at least 15 feet from the curb line of the major street and at least ten feet from any crosswalk or stop sign, in a direction away from the major street, thence to the point of beginning.

2.

Visibility at access points: At the intersection of any private drive or entrance or exit with a public street, no fence, wall shrubbery, sign, marquee or other material obstruction to visibility between the heights of three feet and ten feet shall be parked within triangular areas defined as follows:

a.

Beginning at the point where the midline of the private drive or entrance or exit intersects the midline of the traffic lane nearest the curb, thence along said traffic midline, in the direction of approaching traffic, a distance of 22 feet for each five miles per hour of speed allowed by the posted speed limit; thence to a point toward the interior of the property, along the previously described private drive, exit or entrance midline, which point shall be 15 feet beyond the street right-of-way (except if there is no public sidewalk, said point need only be 15 feet beyond the curb); thence to the point of beginning.

Only one principal building and its customary accessory buildings may hereinafter be erected on any lot zoned R-1, R-2, R-3, and R-4, except under the provisions contained in this ordinance.

Cross reference— Buildings, ch. 5.

No building shall be erected on a lot which does not abut a publicly dedicated or maintained street.

Cross reference— Streets and sidewalks, ch. 25.

A.

Trailers, converted mobile homes or other portable wheeled structures (whether on wheels or with wheels removed and placed on a foundation) that can be towed by their own chassis shall not be used for any commercial, office or residential use, except:

1.

When used as a temporary building during construction of a permanent building or buildings on the same lot, or

2.

When used as a temporary concession stand in a recreational facility.

B.

Restricted use of trailers, convertible mobile homes or other portable wheeled structures shall be subject to mayor and council approval.

A.

Accessory uses or buildings (including accessory dwelling units) shall be permitted only in side or rear yards, except as otherwise provided in this ordinance.

B.

No accessory building shall be erected on a lot prior to the time of construction of the principal building to which it is accessory.

C.

Only two accessory buildings (not including accessory dwelling units) shall be permitted on a lot.

D.

Accessory uses or structures (not including accessory dwelling units) shall be permitted if they meet the following:

1.

Accessory buildings shall be set back not less than ten feet from any lot line.

2.

An accessory building shall not be any larger than 24' x 24' and must comply with district development regulations.

3.

Accessory buildings located on property in excess of one acre will not be restricted to size, as long as the structure meets building codes and other requirements of this ordinance.

4.

Accessory dwellings, whether attached or detached, shall have exterior finishes or architectural treatments (e.g. brick, wood, etc.) or an appearance substantially similar to those on the principal residence.

5.

No accessory structure shall exceed a height of 15 feet.

6.

Detached accessory buildings shall be located at least ten feet from the principal structure on a lot.

7.

Satellite dish antennas shall be permitted as accessory structures only in rear yards unless it can be documented that reception is impaired by such a location. In this case an antenna would be permitted in a side yard.

a.

Satellite dish antennas which exceed two feet in diameter shall not be located on the roof of a single-family structure.

8.

Basketball goals, which are attached to the principal residence structure or erected adjacent to and abutting the driveway of the principal residence structure or the driveway area shall be allowed in the front, side or rear yard but not in the right-of-way of a public street.

9.

No fabricated structure shall be erected on a lot for accessory purposes in any residential zoning district except when constructed in the rear yard.

a.

No tent or tarpaulin structures shall be erected on a lot for accessory purposes in any zoning district. Tent or tarpaulin structures shall be permitted in residential districts for temporary recreational use or in the exercise of religious observances or similar events.

E.

Accessory dwelling units shall be permitted if they meet the following:

1.

The accessory dwelling unit shall contain 400 or less square feet.

2.

There shall be one off-street parking space provided for the accessory dwelling unit, which is in addition to any off-street parking spaces required for the primary residence.

3.

No accessory dwelling unit shall exceed a height of 15 feet and shall be set back not less than 10 feet from any lot line.

4.

Accessory dwellings, whether attached or detached, shall have exterior finishes or architectural treatments (e.g. brick, wood, etc.) or an appearance substantially similar to those on the principal residence.

5.

The accessory building unit shall meet all building code standards including building, electrical, fire, and plumbing code requirements, and occupancy restrictions as provided in the city's ordinances.

6.

The accessory dwelling shall not contain a home occupation and shall not be used for any commercial occupation. Any property owner seeking to establish an accessory dwelling unit shall apply to register the unit with the administration department (zoning administrator). The property owner shall file a complete registration application form, before building permit issuance, affirming that at least one owner will occupy the primary residence for the full length of time that accessory dwelling use is established in accordance with all applicable zoning regulations. The property owner shall annually affirm the same by registration renewal within 30 days after January 1, of each year.

7.

After receipt of a completed application for registration and prior to issuance of a certificate of occupancy or approval of use, the city (building official) shall inspect the property to confirm adherence to the size, height, design, and parking requirements of this code are met.

8.

The registration form or other forms as required by the zoning administrator shall be filed as a deed restriction with the DeKalb County Tax Assessor to provide notice of the presence of the accessory dwelling unit, the requirement of owner occupancy, and other standards for maintaining the unit as described, with verification of recording of the filing being provided to the city zoning administrator within 90 days of issuance of certificate of occupancy.

9.

The zoning administrator (or his/her designee) shall report annually on accessory dwelling unit registration, number of units and distribution throughout the city, and average size of units.

10.

Cancellation of registration of the accessory dwelling unit may be accomplished by the property owner filing a certificate with the zoning administrator (or his/her designee) for recording with the DeKalb County Tax Assessor or may occur as result of an enforcement action.

11.

Only one accessory dwelling unit shall be permitted on a lot.

12.

Accessory dwelling units and guest houses shall be differentiated from short-term lodging units regulated in articles XVI and XVII.

(Ord. No. 2016-14, Pt. I, 10-4-16; Ord. No. 2018-02, Pt. I, 3-6-18; Ord. No. 2023-05, § 1(Exh. A), 6-20-23; Ord. No. 2024-06, § 1(Exh. A), 9-3-24)

A.

Any occupation or commercial enterprise within the zoning districts R-1, R-2, R-3, R-4, VCM, or MR-1 that meets the following requirements is permitted:

1.

Only residents of the dwelling may be engaged in the home occupations except that guests of a bed and breakfast home facility and guests of a vacation home facility shall adhere to section 6-9(A)8 of this code section.

2.

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

3.

No business or advertising signs shall be permitted.

4.

Use of the building for the purpose of a home occupation shall not exceed 25 percent of one floor of the principal building, with the exception of bed and breakfast home facilities that shall not exceed the maximum allowance of three lodging rooms, and vacation home facilities that shall not exceed the maximum allowance of four lodging rooms.

5.

No internal or external alterations inconsistent with the residential use of the building shall be permitted.

6.

The occupation shall not constitute a nuisance in the neighborhood. Furthermore, except as would be caused by a typical residential use, no noise, vibration, dust, odor, smoke, glare, or electric disturbance which is perceptible beyond any property line will be permitted to occur as a result of the home occupation.

7.

Only vehicles with a gross vehicle weight of 8,600 pounds or less shall be permitted in connection with the conduct of any home occupation.

8.

Except as authorized under a special use permit customers or clients shall not permitted on the premises of a home occupation.

9.

Home occupations are prohibited from pickup and delivery services on a fixed schedule within the zoning districts R-1, R-2, R-3, R-4, VCM, or MR-1.

10.

A home occupation shall not store or use hazardous materials that could pose a threat to public safety either by fire, explosion, or contamination except those used in routine home property maintenance.

11.

A home occupation shall meet the requirements of the license and business regulations of the city.

12.

A home occupation shall not store any goods or materials outside the principal building.

13.

Home occupations shall pay a surcharge in addition to the fee regularly assessed sanitation fee for class 1 sanitation service. The surcharge shall be paid prior to the issuance of an occupation tax certificate. For new home occupations, the surcharge shall be prorated for the number of months remaining in the calendar year.

B.

Whenever in this code section any act is prohibited or is made or declared to be unlawful or an offence, or wherever in this code section the doing of any act is required or the failure to do any act is declared to be unlawful, the violation of such provision may be punishable by revocation of home occupation license, and or will be punishable in accordance with section 1-11 of the City Code.

(Ord. No. 2017-05, Pt. I, §§ 1—6, 8-1-17)

A.

If a multi-family dwelling development existing at the time of the enactment of this ordinance is converted to condominium or townhouse units or lots (which conversion includes the creation or subdividing of the property into units or lots and may include common areas) then:

1.

Neither existing buildings, dwelling units, or other structures, including accessory structures or buildings, nor any units or lots created by the conversion shall be required to conform to any yard, building site or related requirements.

2.

The provisions of section 6-6, street access, shall not be applicable to conversions of multi-family dwellings to condominiums or townhouses.

A.

Walls and fences shall be permitted in any zoning district and are not subject to setback requirements, unless otherwise specifically provided for in this zoning ordinance.

B.

The following provisions shall apply in all residential zoning districts:

1.

Height.

a.

No fence or freestanding wall shall be more than eight feet in height in a side or rear yard, other than a retaining wall or necessary fencing encompassing a tennis court.

b.

Fences or freestanding walls constructed in a front yard of a residential lot shall not exceed four feet in height. On multi-frontage lots, all sides fronting on a public street shall be considered front yards.

c.

Subdivision or project identification monuments at the entrance to a subdivision or development and a fence extension thereof, where permitted, shall not exceed eight feet in height and columns shall not exceed ten feet in height. Any subdivision entrance wall shall not exceed ten feet in height and shall be subject to approval of a landscape plan, site plan, and architectural elevations by the city.

2.

Composition. Walls composed or constructed of exposed concrete block, tires, junk, or other discarded materials shall not be permitted. Fences shall be constructed of bricks, masonry, stone, stucco, metal, wrought iron, wood, or composite or fiberglass or other weather and decay-resistant materials designed for permanent outdoor use. Wood fences must be constructed of cedar, redwood, pressure-treated pine or other decay-resistant wood. Fences must not be constructed from razor wire, filter fabric, plastic sheeting, plywood, or materials originally intended for other purposes.

a.

Fences or walls erected within the front yard shall be ornamental or decorative and be constructed of brick, masonry, stone, wood, stucco, wrought iron, or split rail.

b.

Chain link fences shall be permitted only in side and rear yards, except that a woven wire or metal fabric fence may extend into a front yard when the property contains a minimum of three acres in a residential district.

3.

Gates. When gates for vehicular access are required or proposed abutting a public or private street, said gates shall not be located closer than 20 feet of a public street or road right-of-way, to ensure safe ingress and egress.

4.

Location.

a.

No fence or wall shall be constructed in a public right-of-way, except that retaining walls may be placed partially within the right-of-way of a local street, only if approved by the city pursuant to an application for a variance.

b.

Adjoining right-of-way. Wire and plastic fencing materials, including barbed wire and chain-link fencing with plastic or wooden inserts shall not be used adjoining a street right-of-way. Fencing and walls shall not have exposed concrete but shall have a decorative treatment applied to any concrete construction on the side facing a street right-of-way. A minimum three-foot landscape strip shall be provided between a fence or wall and a street right-of-way. This provision shall not apply to permanent security fencing as may be required in this ordinance or other applicable laws.

5.

Fences along all property lines. Walls and fences constructed along all property lines shall be constructed with a finished side toward the neighboring property.

6.

Temporary fencing exempted. These requirements shall not apply to temporary fencing erected around a lot during construction of a building or land disturbance activities for purposes of security, safety, tree protection, erosion and sedimentation control, or erected for code compliance reasons. Temporary fencing shall not remain in place for longer than a period of six months, unless otherwise allowed pursuant to a lawful, un-expired permit or a court order.

7.

Historic district. Any erection, alteration, restoration, or removal of fences in the city's designated historic district shall be in compliance with historic design guidelines and require a certificate of appropriateness from the Stone Mountain Historic Preservation Commission.

(Ord. No. 2023-05, § 1(Exh. A), 6-20-23)