A.

General Overview. The regulations contained within this article 4 of this chapter shall apply to all zoning districts within City of Stonecrest except as otherwise specified herein. Dimensions, site location and architectural requirements shall be indicated on required site development plans.

B.

General Findings and Purpose. Certain land uses require the imposition of additional regulations to mitigate a range of negative impacts on the public health, safety, welfare as well as environmental, aesthetic, and infrastructure impacts.

C.

Findings and Purpose for Certain Land Uses. National studies show that a concentration of certain land uses, including alcohol outlets, automobile gas stations, check cashing establishments, convenience stores, drive-through restaurants, and pawn shops, negatively impact the public health, safety, welfare, property values, economic development and social vitality of communities and neighborhoods. Local governments across the country recognize the negative impacts of such uses and impose additional regulations and distance requirements to mitigate such impacts, such as indicated in the studies presented to DeKalb County, including the report The Relationship Between SLUP6 Businesses and Negative Outcomes in DeKalb County, by Dean Dabney, Ph.D., presented on May 9, 2017. Said study indicates these land uses in DeKalb County are associated with increased crime, automobile accidents, lower property values, and other negative impacts to the public health and welfare.

(Ord. of 8-2-2017, § 1(4.1.1))

Where a particular use is not specifically listed in Table 4.1, Use Table, the director of planning shall have the authority to permit the use if the use is similar to uses permitted by this article. The director of planning shall give due consideration to the purpose and intent statements contained in this zoning chapter concerning the base zoning districts involved, the character of the uses specifically identified and the character of the uses in question.

(Ord. of 8-2-2017, § 1(4.1.2))

Table 4.1 indicates the permitted uses within the base zoning districts. Even though a use is listed as an allowable use within a particular base zoning district, additional use restrictions may apply based on the applicable overlay zoning district requirements specified in article 3 of this chapter, overlay districts.

A.

The uses listed in Table 4.1 shall be permitted only within the zoning districts identified, and no use shall be established and no structure associated with such use shall be erected, structurally altered or enlarged unless the use is permitted as:

1.

A permitted use (P);

2.

A special use (SP) subject to the special land use permit application procedures specified in article 7 of this chapter;

3.

An administratively approved use (SA) subject to the special administrative zoning permit procedures specified in article 7 of this chapter;

4.

An accessory use (PA) as regulated by this article 4 of this chapter. Table 4.1 does not list all accessory uses but clarifies uses acceptable as accessory, though not typically considered principal uses for the zoning classification.

5.

Uses lawfully established prior to the effective date of this zoning ordinance.

B.

Any use not listed in Table 4.1, below, or interpreted to be allowed by the director of planning pursuant to section 4.1.2 is prohibited. Any applicant denied a permit to allow a use of property in a zoning district other than as provided in this section may file an appeal before the zoning board of appeals as provided in article 7 of this chapter.

C.

If there is a conflict between Table 4.1 and the text of this chapter, the text shall prevail.

D.

Prohibited uses. The following uses are considered contrary to the vision and intent of the City's Comprehensive Plan, and would be detrimental to the city's continuing effort to adhere to that vision, and are prohibited city wide.

Distillation of bones or glue manufacture.

Dry cleaning plant.

Dye works.

Explosive manufacture or storage.

Fat rendering or fertilizer manufacture.

Fuel manufacture.

Incineration of garbage or refuse.

Landfills.

Paper or pulp manufacture.

Petroleum or inflammable liquids production/refining.

Radioactive materials storage and processing.

Rubber or plastics manufacture.

Disposal or storage of hazardous/toxic solid waste, including the application of thermal treatment technology.

Smelting copper, iron, zinc or ore.

Sugar refineries.

Tire retreading or recapping.

Table 4.1. Use Table

(Ord. of 8-2-2017, § 1(4.1.3); Ord. No. 2018-09-01, § 00, 9-17-2018; Ord. No. 2018-09-02, § 1, 9-17-2018; Ord. No. 2019-06-01, § (Exh. A), 6-10-2019; Ord. No. 2019-11-05, § III, 11-25-2019; Ord. No. 2021-06-03, § 1(Exh. A, § AA), (Att. 2), 8-23-2021; Ord. No. 2021-06-04, § 1(Exh. A), 8-23-2021; Ord. No. 2022-01-03, § 1(Exh. A), 1-10-2022; Ord. No. 2022-05-01, § 1(Exh. A), 5-23-2022; Ord. No. 2022-06-02, § 1(Exh. A), 6-29-2022; Ord. No. 2022-06-01, § 2(Exh. A), 8-2-2022; Ord. No. 2022-10-02, § 1(Exh. A), 10-24-2022; Ord. No. 2023-05-01, § 1(Exh. A), 5-22-2023; Ord. No. 2023-06-02, § 1(Exh. A), 6-28-2023; Ord. No. 2023-07-02, § 1(Exh. A), 7-31-2023; Ord. No. 2024-02-04, § 1(Exh. A), 2-26-2024; Ord. No. 2024-02-05, § 1(Exh. A), 2-26-2024)

Accessory buildings, structures and uses determined by the director to be normally incidental to one or more permitted principal uses are hereby permitted as follows:

A.

Accessory structures allowed in all residential districts may include, but are not limited to, garages, storage sheds, and personal recreational facilities such as swimming pools and tennis courts.

B.

Accessory structures must be constructed in conjunction with or after the principal building is constructed.

(Ord. of 8-2-2017, § 1(4.2.1))

The following provisions apply to accessory buildings, structures, and uses of land that are incidental to authorized and permitted uses:

A.

All accessory buildings, accessory structures, and accessory uses of land, including off-street parking, shall be located on the same lot as the principal buildings to which they are accessory.

B.

All accessory structures in which effluent is produced shall be connected to water and sewer if the primary structure is connected to water and sewer.

C.

Yard and setbacks.

1.

All accessory buildings or structures shall be located in the rear yard of the lot, with the exception of ATM bank machines which are also allowed in the front or Side yard:

2.

Accessory structures must not encroach in the minimum yard setbacks for the district in which they are located.

3.

Accessory buildings or structures shall meet the minimum side yard setback for the district or ten feet, whichever is less, and shall not be located closer than ten feet to a rear lot line in any district.

4.

Basketball goals attached to the principal residential structure or erected adjacent to and abutting the driveway of the principal residential structure shall be allowed in the front yard but not within the right-of-way of a public street. No basketball goal shall be erected in such a manner that the play area for the basketball goal is located within any portion of a public right-of-way.

5.

Additional supplemental regulations in this article regarding minimum yards and setbacks for specific accessory buildings, structures, or uses of land may also apply.

D.

Corner lot, rear yards. Where the rear yard of a corner lot adjoins the side yard of a lot in a residential district, no accessory building or structure shall be located closer than 15 feet to the rear property line and no closer to the side street right-of-way line than the principal building.

E.

Materials. Accessory structures that are buildings or sheds shall be constructed out of a material similar to the principal structure.

F.

No accessory building or structure in a nonresidential district shall be used by anyone other than employees of the owner, lessee or tenant of the premises, unless otherwise allowed by provisions of this chapter.

G.

Where an accessory building or structure is attached to the principal building by a breezeway, passageway or similar means, the accessory building or structure shall comply with the yard setback requirements of the principal building to which it is accessory.

H.

Setbacks for swimming pools, as accessory structures in a residential district, shall be measured from the edge of the decking to the applicable property line. No part of the decking for an accessory swimming pool shall be within five feet of a side or rear property line.

I.

Except as expressly provided elsewhere in this chapter, an accessory structure shall be limited to the lesser of 24 feet in height or the height of the principal structure, whichever is less.

J.

The floor area of an accessory buildings that is accessory to a single-family, two-family, or three-family residential structure shall not exceed the maximum floor areas set forth in Table 4.2, below.

Table 4.2. Maximum Accessory Building Floor Area - Select Residential Structures

(Ord. of 8-2-2017, § 1(4.2.2))

A.

On parcels zoned for residential single-family dwellings as a principal use, an accessory dwelling unit may be allowed as one of the following:

1.

Attached (addition to existing building);

2.

Detached; or

3.

Within existing house (renovations to basements, wings or attics converted into separate living unit).

B.

The heated floor area of a dwelling unit shall not include the square footage of the garage.

C.

Attached and detached accessory dwelling units are permitted by right, subject to the following:

1.

The minimum lot size shall be 10,000 square feet.

2.

The accessory dwelling unit shall conform to applicable standards of the state, city and city building codes for residential units as principal uses.

3.

The property owner, who shall include titleholders and contract purchasers, must occupy either the principal dwelling unit or the accessory dwelling unit as their residence, and possess a homestead exemption.

4.

The appearance of the accessory dwelling unit shall be similar to that of the principal residence.

5.

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

6.

Prior to issuance of a building permit for an accessory dwelling unit, an applicant must provide evidence to the director of planning showing that existing or proposed septic tank facilities, as applicable, are adequate to serve both the principal dwelling and the accessory dwelling unit.

7.

Any detached accessory dwelling unit shall be located in the Rear yard:

8.

A second kitchen facility may be constructed and used within a single-family residence.

9.

Paved off-street parking shall be provided for one additional vehicle.

10.

Accessory dwelling units shall not exceed 900 square feet of heated floor area and shall not exceed 24 feet in height.

11.

The main entrance shall not face the closest property line. Windows, doors, balconies, porches and decks shall be sited to ensure the privacy of neighbors.

12.

For parcels located in a designated historic district and individually designated historic structures, the placement of an accessory dwelling unit and its architectural design shall require a certificate of appropriateness from the historic preservation commission.

(Ord. of 8-2-2017, § 1(4.2.3))

Editor's note— Ord. No. 2022-05-01, § 1(Exh. A), adopted May 23, 2022, repealed § 4.2.4, which pertained to adult daycare center (seven or more clients) and derived from Ord. of August 2, 2017, § 1(4.2.4).

Each adult day center shall be subject to the following requirements:

A.

All outdoor recreation areas shall be enclosed by a fence or wall not less than four feet in height.

B.

Each adult day center shall provide off-street parking spaces as required by the applicable zoning district.

C.

No adult day center shall be located within 1,000 feet of another adult day center.

D.

No adult day center may be established and operated until a permit to do so has been obtained in accordance with the procedures set forth below.

1.

Permit application. Persons seeking to operate an adult day center in the city must file a permit application with the planning department. Each application shall also be accompanied by the applicant's affidavit certifying the maximum number of adults that will be served simultaneously and that the proposed adult day center will meet and be operated in compliance with all applicable state laws and regulations and with all ordinances and regulations of the city. The planning department may require clarification or additional information from the applicant that is deemed necessary by the city to determine whether the proposed service will meet applicable laws, ordinances and regulations.

2.

Notwithstanding the above provisions, if a proposed adult day center is subject to the requirement that the applicant obtain a certificate of registration from the state department of human resources, and even though the application may have been approved under the provisions of this section, a permit for the operation of such facility shall not be issued until proof has been submitted by the applicant that the certificate of registration has first been obtained from the state.

(Ord. of 8-2-2017, § 1(4.2.5); Ord. No. 2022-05-01, § 1(Exh. A), 5-23-2022)

A.

Purpose. It is a purpose of this chapter to regulate sexually oriented businesses in order to promote the health, safety, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the city. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.

B.

Findings and rationale. Based on evidence of the adverse secondary effects of adult uses presented in hearings and in reports made available to the city council, and on findings, interpretations, and narrowing constructions incorporated in the cases of City of Littleton v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774 (2004); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); City of Erie v. Pap's A.M., 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 427 U.S. 50 (1976); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue, 409 U.S. 109 (1972); N.Y. State Liquor Authority v. Bellanca, 452 U.S. 714 (1981); Sewell v. Georgia, 435 U.S. 982 (1978); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); City of Dallas v. Stanglin, 490 U.S. 19 (1989); and Flanigan's Enters Inc. v. Fulton County, 596 F.3d 1265 (11th Cir. 2010); Peek-a-Boo Lounge v. Manatee County, 630 F.3d 1346 (11th Cir. 2011); Daytona Grand, Inc. v. City of Daytona Beach, 490 F.3d 860 (11th Cir. 2007); Jacksonville Property Rights Ass'n, Inc. v. City of Jacksonville, 635 F.3d 1266 (11th Cir. 2011); Artistic Entertainment, Inc. v. City of Warner Robins, 331 F.3d 1196 (11th Cir. 2003); Artistic Entertainment, Inc. v. City of Warner Robins, 223 F.3d 1306 (11th Cir. 2000); Williams v. Pryor, 240 F.3d 944 (11th Cir. 2001); Williams v. A.G. of Alabama, 378 F.3d 1232 (11th Cir. 2004); Williams v. Morgan, 478 F.3d 1316 (11th Cir. 2007); Gary v. City of Warner Robins, 311 F.3d 1334 (11th Cir. 2002); Ward v. County of Orange, 217 F.3d 1350 (11th Cir. 2002); Boss Capital, Inc. v. City of Casselberry, 187 F3d 1251 (11th Cir. 1999); David Vincent, Inc. v. Broward County, 200 F.3d 1325 (11th Cir. 2000); Sammy's of Mobile, Ltd. v. City of Mobile, 140 F.3d 993 (11th Cir. 1998); Lady J. Lingerie, Inc. v. City of Jacksonville, 176 F.3d 1358 (11th Cir. 1999); This That And The Other Gift and Tobacco, Inc. v. Cobb County, 285 F.3d 1319 (11th Cir. 2002); DLS, Inc. v. City of Chattanooga, 107 F.3d 403 (6th Cir. 1997); Grand Faloon Tavern, Inc. v. Wicker, 670 F.2d 943 (11th Cir. 1982); International Food and Beverage Systems v. Ft. Lauderdale, 794 F.2d 1520 (11th Cir. 1986); 5634 E. Hillsborough Ave., Inc. v. Hillsborough County, 2007 WL 2936211 (M.D. Fla. Oct. 4, 2007), aff'd, 2008 WL 4276370 (11th Cir. Sept. 18, 2008) (per curiam); Fairfax MK, Inc. v. City of Clarkston, 274 Ga. 520 (2001); Morrison v. State, 272 Ga. 129 (2000); Flippen Alliance for Community Empowerment, Inc. v. Brannan, 601 S.E.2d 106 (Ga. Ct. App. 2004); Oasis Goodtime Emporium I, Inc. v. DeKalb County, 272 Ga. 887 (2000); Chamblee Visuals, LLC v. City of Chamblee, 270 Ga. 33 (1998); World Famous Dudley's Food and Spirits, Inc. v. City of College Park, 265 Ga. 618 (1995); Airport Bookstore, Inc. v. Jackson, 242 Ga. 214 (1978); Imaginary Images, Inc. v. Evans, 612 F.3d 736 (fourth Cir. 2010); LLEH, Inc. v. Wichita County, 289 F.3d 358 (fifth Cir. 2002); Ocello v. Koster, 354 S.W.3d 187 (Mo. 2011); 84 Video/Newsstand, Inc. v. Sartini, 2011 WL 3904097 (6th Cir. Sept. 7, 2011); Plaza Group Properties, LLC v. Spencer County Plan Commission, 877 N.E.2d 877 (Ind. Ct. App. 2007); East Brooks Books, Inc. v. Shelby County, 588 F.3d 360 (6th Cir. 2009); Entm't Prods., Inc. v. Shelby County, 588 F.3d 372 (6th Cir. 2009); Sensations, Inc. v. City of Grand Rapids, 526 F.3d 291 (6th Cir. 2008); World Wide Video of Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004); Ben's Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003); HandA Land Corp. v. City of Kennedale, 480 F.3d 336 (fifth Cir. 2007); Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (fifth Cir. 1995); Fantasy Ranch, Inc. v. City of Arlington, 459 F.3d 546 (fifth Cir. 2006); Illinois One News, Inc. v. City of Marshall, 477 F.3d 461 (7th Cir. 2007); G.M. Enterprises, Inc. v. Town of St. Joseph, 350 F.3d 631 (7th Cir. 2003); Richland Bookmart, Inc. v. Knox County, 555 F.3d 512 (6th Cir. 2009); Bigg Wolf Discount Video Movie Sales, Inc. v. Montgomery County, 256 F. Supp. 2d 385 (D. Md. 2003); Richland Bookmart, Inc. v. Nichols, 137 F.3d 435 (6th Cir. 1998); Spokane Arcade, Inc. v. City of Spokane, 75 F.3d 663 (9th Cir. 1996); DCR, Inc. v. Pierce County, 964 P.2d 380 (Wash. Ct. App. 1998); City of New York v. Hommes, 724 N.E.2d 368 (N.Y. 1999); Taylor v. State, No. 01-01-00505-CR, 2002 WL 1722154 (Tex. App. July 25, 2002); Fantasyland Video, Inc. v. County of San Diego, 505 F.3d 996 (9th Cir. 2007); Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005); Starship Enters. of Atlanta, Inc. v. Coweta County, No. 3:09-CV-123, R. 41 (N.D. Ga. Feb. 28, 2011); High Five Investments, LLC v. Floyd County, No. 4:06-CV-190, R. 128 (N.D. Ga. Mar. 14, 2008); 10950 Retail, LLC v. Fulton County, No. 1:06-CV-1923, R. 62 Order (N.D. Ga. Dec. 21, 2006); 10950 Retail, LLC v. Fulton County, No. 1:06-CV-1923, R. 84 Contempt Order (N.D. Ga. Jan. 4, 2007); Z.J. Gifts D-4, L.L.C. v. City of Littleton, Civil Action No. 99-N-1696, Memorandum Decision and Order (D. Colo. March 31, 2001); People ex rel. Deters v. The Lion's Den, Inc., Case No. 04-CH-26, Modified Permanent Injunction Order (Ill. Fourth Judicial Circuit, Effingham County, July 13, 2005); Reliable Consultants, Inc. v. City of Kennedale, No. 4:05-CV-166-A, Findings of Fact and Conclusions of Law (N.D. Tex. May 26, 2005); Goldrush II v. City of Marietta, 267 Ga. 683 (1997); and based upon reports concerning secondary effects occurring in and around sexually oriented businesses, including, but not limited to, "Correlates of Current Transactional Sex among a Sample of Female Exotic Dancers in Baltimore, MD," Journal of Urban Health (2011); "Does the Presence of Sexually Oriented Businesses Relate to Increased Levels of Crime?" Crime and Delinquency (2012) (Louisville, KY); Metropolis, Illinois - 2011—2012; Manatee County, Florida - 2007; Hillsborough County, Florida - 2006; Clarksville, Indiana - 2009; El Paso, Texas - 2008; Memphis, Tennessee - 2006; New Albany, Indiana - 2009; Louisville, Kentucky - 2004; Fulton County, GA - 2001; Chattanooga, Tennessee - 1999—2003; Jackson County, Missouri - 2008; Ft. Worth, Texas - 2004; Kennedale, Texas - 2005; Greensboro, North Carolina - 2003; Dallas, Texas - 1997; Houston, Texas - 1997, 1983; Phoenix, Arizona - 1995—1998, 1979; Tucson, Arizona - 1990; Spokane, Washington - 2001; St. Cloud, Minnesota - 1994; Austin, Texas - 1986; Indianapolis, Indiana - 1984; Garden Grove, California - 1991; Los Angeles, California - 1977; Whittier, California - 1978; Oklahoma City, Oklahoma - 1986; New York, New York Times Square - 1994; the Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota); Dallas, Texas - 2007; "Rural Hotspots: The Case of Adult Businesses," 19 Criminal Justice Policy Review 153 (2008); "Stripclubs According to Strippers: Exposing Workplace Sexual Violence," by Kelly Holsopple, Program Director, Freedom and Justice Center for Prostitution Resources, Minneapolis, Minnesota; "Sexually Oriented Businesses: An Insider's View," by David Sherman, presented to the Michigan House Committee on Ethics and Constitutional Law, Jan. 12, 2000; Law Enforcement and Private Investigator Affidavits (Pink Pony South, Forest Park, GA, and Adult Cabarets in Sandy Springs, GA), the city council finds:

(1)

Sexually oriented businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects, including, but not limited to, personal and property crimes, prostitution, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties, urban blight, litter, and sexual assault and exploitation. Alcohol consumption impairs judgment and lowers inhibitions, thereby increasing the risk of adverse secondary effects.

(2)

Sexually oriented businesses should be separated from sensitive land uses to minimize the impact of their secondary effects upon such uses, and should be separated from other sexually oriented businesses, to minimize the secondary effects associated with such uses and to prevent an unnecessary concentration of sexually oriented businesses in one area.

(3)

Each of the foregoing negative secondary effects constitutes a harm which the City has a substantial government interest in preventing and/or abating. This substantial government interest in preventing secondary effects, which is the city's rationale for this section, exists independent of any comparative analysis between sexually oriented and non-sexually oriented businesses. Additionally, the city's interest in regulating sexually oriented businesses extends to preventing future secondary effects of either current or future sexually oriented businesses that may locate in the city. The city finds that the cases and documentation relied on in this section are reasonably believed to be relevant to said secondary effects.

The city hereby adopts and incorporates herein its stated findings and legislative record related to the adverse secondary effects of sexually oriented businesses, including the judicial opinions and reports related to such secondary effects.

C.

Unlawful to operate within 500 feet of a similar business. It shall be unlawful to establish, operate, or cause to be operated a sexually oriented business in the city within 500 feet of another sexually oriented business. Measurements for this subsection shall be made in a straight line without regard to intervening structures or objects, between the closest points on the property lines of the two sexually oriented businesses.

D.

Unlawful to operate within 500 feet of certain public places. It shall be unlawful to establish, operate, or cause to be operated a sexually oriented business in the city within 500 feet of a residential district, place of worship, park, or public library. Measurements for this subsection shall be made in a straight line without regard to intervening structures or objects, from the closest part of the structure containing the sexually oriented business to the closest point on the boundary line of the residential district or the closest point on the property line of the place of worship, park, or public library.

(Ord. of 8-2-2017, § 1(4.2.6))

A.

Agricultural produce stands. Agricultural produce stands shall comply with the front yard setback requirement for the district in which they are located, and shall provide a minimum of four off-street parking spaces. If temporary, mobile, or farmers market, see temporary uses, section 4.3.1.

B.

Commercial greenhouses and plant nurseries. Any structure used as a commercial greenhouse or plant nursery shall be set back no less than 100 feet from any adjoining property that is zoned for residential use.

C.

Dairies. Notwithstanding subsection E. of this section, any structure used for housing or processing of dairy cows shall be set back not less than 200 feet from property lines, and all dairy cows shall be kept at least 100 feet from property lines.

D.

Structures used in production and processing of fruits, tree nuts and vegetables. Any structure used in the processing or production of fruits, tree nuts, and vegetables that uses mechanized equipment or is not fully enclosed in a building, that emits noise, dust or vibration, shall be setback no less than 50 feet from property zoned or used for residential purposes.

E.

Livestock.

1.

Livestock regulations apply to animals over 12 months of age.

2.

Livestock shall only be permitted on a lot containing two or more acres, and there shall be no more than two animals, per fenced acre for horses, llamas, mules, asses, cows or large aviary such as emus; and no more than three animals per fenced acre for sheep or goats.

3.

Except as otherwise provided herein, any structure used for housing or processing of livestock shall be set back not less than 100 feet from any property line.

4.

Dwarf livestock may be kept at up to two per 50 square feet of fenced area, with no minimum lot size, except lots less than 10,000 square feet shall be limited to a total of three dwarf livestock animals.

5.

Structures for housing dwarf livestock shall be setback not less than ten feet from any property line.

6.

Fenced areas for livestock may not include lot area covered by the principal structure or driveway.

7.

A structure providing at least 100 square feet of floor space per animal for housing horses, llamas, mules, ass, cow or large aviary such as emus is required, and at least 25 square feet of floor space per animal is required for housing sheep or goats. A structure housing dwarf livestock shall provide three square feet per animal.

8.

Pigs and hogs are prohibited, except pot-bellied pigs. Pot-bellied pigs shall be treated as livestock, and subject to the standards for sheep and goats.

9.

Livestock is not permitted to run at-large beyond the confines of its owner's property.

10.

Parking of livestock trailers and recreation vehicles related to the livestock shall comply with the parking standards in article 6 of this chapter.

11.

Composted animal waste can be used as fertilizer for the purpose of enriching the property owner's soil.

12.

Animals must be kept under sanitary conditions and shall not be a public nuisance.

13.

Disposal of dead livestock shall be subject to the DeKalb County Sanitation rules and regulations or requirements.

F.

Livestock sales pavilion or abattoirs. Livestock sales pavilions and/or abattoirs shall be operated in accordance with state and county health regulations. All buildings shall be located at least 100 feet from any property line. All animals to be processed shall be fenced at least 100 feet from any property zoned or used for residential purposes.

G.

Riding stables. Riding stables shall be established on a lot having an area of not less than ten acres. Any structure that houses animals used as part of the riding stable shall be located at least 100 feet from any property line. All animals shall be fenced at least 20 feet from any property line.

H.

Temporary or portable sawmill. The time limit for any permit for a temporary or portable sawmill shall not exceed six months. A temporary or portable sawmill may only process timber removed from the property on which the sawmill is located. Operation of a temporary or portable sawmill shall be set back not less than 500 feet from any residential structure other than the owner's.

I.

Keeping of chickens, pigeons.

1.

The minimum fenced yard area for chickens shall be 25 square feet per hen.

2.

Chickens and pigeons must be housed at least 20 feet from any property line, and 50 feet from any residence other than the owner's.

3.

Any structure housing chickens and pigeons must be located in the rear yard if a principal building exists.

4.

The minimum lot size for the keeping of chickens or pigeons is 10,000 square feet. Fenced area for chickens shall comply with the setback requirements for accessory structures. Chickens and pigeons and associated structures and fencing shall comply with relevant articles of chapters 16 and 18, relating to noise and property maintenance.

5.

No roosters are allowed.

6.

The maximum number of hens shall be one hen per 2,000 square feet of lot size.

7.

Each coop shall have at least four square feet of floor space per chicken over four months old. For Bantams, a variety defined as miniature, each coop shall have one square foot of floor area per chicken over four months old.

8.

Chickens must be kept securely in an enclosed yard or pen at all times.

9.

Chickens are only permitted as pets or for egg production; the chickens cannot be kept for slaughter.

10.

Composted animal waste can be used as fertilizer for the purpose of enriching the soil of the owner's property.

11.

Animals must be kept under sanitary conditions and shall not be a public nuisance.

J.

Beekeeping.

1.

No more than two apiary colonies are allowed per one-quarter acre.

2.

Apiary colonies must be setback from all property lines a minimum of ten feet.

3.

Apiary colonies must be located in the side or rear yard if a principal building exists.

4.

Apiary colonies must be maintained responsibly with adequate space and management techniques to prevent overcrowding and swarming.

5.

In any instance in which a colony becomes a nuisance, the beekeeper must re-queen the hive.

(Ord. of 8-2-2017, § 1(4.2.7))

A.

Package stores shall not be located:

1.

Within 1,000 feet of an existing package store or alcohol outlet;

2.

Within 600 feet of any residence, church, school, school building or grounds, educational facility, college campus, or sexually oriented business; or

3.

Within 600 feet of a substance abuse treatment center owned, operated or approved by the state or any county or municipal government.

B.

Alcohol outlets shall not be located:

1.

Within 600 feet of any school building, school grounds, educational facility, college campus, or sexually oriented business; or

2.

Within 600 feet of a substance abuse treatment center owned, operated, or approved by the state or any county or municipal government.

C.

For the purpose of this section, distance shall be measured according to chapter 4.

D.

For alcohol sales as an accessory use to retail, the area devoted to the sale and storage of alcohol shall not exceed 20 percent of gross floor area.

E.

The sale or distribution of individual cups and individual servings of ice at package stores is prohibited.

F.

Alcohol outlets accessory to convenience stores with gas pumps require a special land use permit.

(Ord. of 8-2-2017, § 1(4.2.8); Ord. No. 2021-06-05, § 1(Exh. A), 8-23-2021)

Amateur radio service antenna structures are a permitted accessory use in single-family residential districts, provided that no such antenna structure, including any support upon which it may be constructed, shall exceed a combined height of 70 feet. Amateur radio service antenna structures in single-family residential districts exceeding 70 feet in height shall be permitted only by special land use permit subject to all of the requirements of section 4.2.51 of this chapter. Amateur radio service antenna structures shall be located a distance of at least one-half of the height of the tower from all property lines.

(Ord. of 8-2-2017, § 1(4.2.9))

(a)

All employees of any licensed establishment must hold an employee permit, unless otherwise exempt under this chapter. The conditions and procedures governing the issuance of alcohol permits for employees are set forth in this section.

(b)

An employee permit shall be issued unless the applicant fails to meet the qualifications for an employee permit under this chapter. Any employee permit identified in this chapter will be issued or the issuance of an employee permit will be denied within 30 days after submission of a properly completed application or within 15 days of the records in subsection (d) of this section, whichever is later. An application for an employee permit is complete when it contains the information required by this chapter and is accompanied by the permit fee in the amount established by action of the city council. A permit shall be valid for 12 months from the date of issuance. If a permit is not issued or denied within the time frame specified herein, the permit shall be automatically approved.

(c)

No person requiring a permit may be employed by or work in an establishment, as defined in this chapter, until such person has filed an application, paid the fee for and obtained a work permit from the City Manager or his designee. No person shall be issued a permit who has been convicted in this city, county, state, or in any federal court within five years immediately prior to the application for employment for soliciting for prostitution, keeping a disorderly place, illegally dealing in narcotics, sex offenses or any charge relating to the manufacture or sale of intoxicating liquors or any felony or misdemeanor of moral turpitude.

(d)

An application for a permit shall include the applicant's legal name, all of the applicant's aliases and/or any other name by which the applicant has ever been known, mailing address, written proof of age (in the form of a driver license, a picture identification document containing the applicant's date of birth issued by a governmental agency, or a copy of a birth certificate accompanied by a picture identification document issued by a governmental agency), and a list of all prior criminal convictions. The City Manager or his designee shall make a complete search relative to any police record of the applicant. As a prerequisite to the issuance of any such initial permit or license, the employee shall furnish a complete set of fingerprints to be forwarded to the Georgia Bureau of Investigation, which shall search the files of the Georgia Crime Information Center for any instance of criminal activity during the two years immediately preceding the date of the application. The Georgia Bureau of Investigation shall also submit the fingerprints to the Federal Bureau of Investigation under the rules established by the United States Department of Justice for processing and identification of records.

(e)

Any permit for employment issued hereunder shall expire 12 months from the date of issuance unless earlier revoked or suspended. The City Manager or his designee may prescribe reasonable fees for certifying the eligibility for employment.

(f)

An employee holding a permit issued pursuant to this chapter shall at all times during his working hours have the permits available for inspection at the premises.

(g)

An employee shall provide his employer with a legible copy of his permit which copy shall be maintained by the employer as part of its business records.

(Ord. of 8-2-2017, § 1(4.2.10); Ord. No. 2017-10-04, § 1(4.2.10), 10-16-2017)

A.

Animal hospitals and veterinary clinics.

1.

Any building or enclosed structure used as an animal hospital or veterinary clinic shall be located and the activities associated with the use shall be conducted at least 100 feet from any property zoned or used for residential purposes.

2.

When located within a shopping center, the use shall be adequately soundproofed and odor-proofed so as not to create a nuisance.

3.

No boarding shall be allowed unless required in connection with medical treatment;

4.

Outside runs or kennels are prohibited.

B.

Animal shelter, four or more.

1.

Any building or enclosed structure for the housing of animals shall have a minimum setback of at least 100 feet from all property lines and at least 200 from property zoned for residential use.

2.

All areas housing animals shall be completely enclosed by walls or fences at least five feet in height.

3.

No animal shelter shall be located within 500 feet of a residential district.

4.

Outside pens must be located a minimum of 75 feet from any stream.

C.

Pet grooming shops. Any building or enclosed structure used as a pet grooming shop shall be located and activities shall be conducted at least 100 feet from any property zoned or used for residential purposes.

D.

Pet daycare. Any building or enclosed structure for the housing of animals associated with a pet daycare use shall have a minimum setback of at least 100 feet from all property lines and at least 200 feet from property zoned or used for residential use. All areas housing animals shall be completely enclosed by walls or fences at least five feet in height.

E.

Kennels, commercial boarding and breeding kennels. All kennels shall comply with the following:

1.

Any building or enclosed structure used for kennels shall be located and related activities shall be conducted at least 100 feet from any property line and at least 200 feet from property zoned for residential use.

2.

Kennels shall be located on a site of not less than two acres.

3.

Any building or enclosed structure used for kennels shall be constructed and related activities shall be conducted in accordance with applicable law.

4.

All outdoor areas used as a dog kennel or outdoor confinement must be surrounded by an opaque fence or wall no less than eight feet in height.

5.

The floor of all buildings or structures used as a kennel to which animals have access shall be surfaced with concrete or other impervious material.

6.

The portion of the building or structure in which animals are housed shall be adequately soundproofed to meet the minimum requirements of the city's noise ordinance.

F.

Household pets. Except as is otherwise herein provided, in any residential district within the city a person may keep not more than three household pets on each lot which is two acres or less in size. On any lot exceeding two acres in size, a person may keep one additional household pet for each additional acre above two acres up to a maximum of ten household pets. Litters of animals of not more than six months of age shall not be counted for the purpose of calculating the total number of household pets on a lot.

a.

Indoor Animal Exhibitions shall only be allowed in the City Center Character Area and the Regional Center Character Area and on properties zoned C-1 Local Commercial District or C-2 General Commercial District.

b.

The Indoor Animal Exhibition use shall be added to the C-1 Local Commercial District and the C-2 General Commercial District in Table 4.1. Use Table under the Recreation and Entertainment Use section of Chapter 27 Zoning Ordinance Article 4. Use Regulations as a use subject to Mayor and Council approval of a Special Land Use Permit.

c.

Outdoor Animal Exhibitions shall only be allowed in the Conservation/Open Space Character Area and on properties within the Arabia Mountain Conservation Overlay District.

d.

The Outdoor Animal Exhibition use shall be added to Table 3.1 Overlay Use Table under the Recreation and Entertainment Land Use section of Chapter 27 Zoning Ordinance Article 3. Overlay District Regulations for the Arabia Mountain Conservation Overlay District as a use subject to Mayor and Council approval of a Special Land Use Permit.

G.

Indoor animal exhibitions. As relates to Indoor Animal Exhibitions, such use shall:

1.

Be conducted entirely within an enclosed building.

2.

Not produce noise, dust, liquids, fumes, odors or other irritants that may affect surrounding residents, business owners or property owners.

3.

Be properly insured and provide proof of such insurance to the City of Stonecrest.

4.

Provide written permission from the owner or property manager of the building to be occupied as an indoor Animal Exhibition to the City.

5.

Display a copy of all required valid licenses and permits in a prominent place on premises.

6.

Be licensed and comply with all rules and regulations for a "Licensed Class C—Exhibitor" under the Animal Welfare Act (7 U.S.C. 2131 et seq.) and as regulated by the United States Department of Agriculture (USDA) regulations established in the most recent issue of "USDA Animal Care - Animal Welfare Act and Animal Welfare Regulations" (aka the USDA Blue Book). https://www.aphis.usda.gov/animal welfare/downloads/bluebook-ac-awa.pdf).

All required licensing shall be renewed prior to expiration and a copy provided to the City. Upon expiration or nonrenewal of the license, the use shall immediately cease operations until a copy of a valid license is provided to the City.

7.

Comply with the Georgia Department of Agriculture Animal Health Division regulations as established in the Rules and Regulations of the State of GA Chapter 40-13.

8.

Comply with applicable standards of the Georgia Department of Natural Resources (DNR) for the regulation of nonnative species as per the regulated wild animals/exotics types (https://gadnrle.org/exotics), and restricted non-native species found in O.C.G.A. §27-5-4.

9.

Comply with applicable regulations and standards for regulated native species as per the Georgia DNR's laws related to native wildlife (https://gadnrle.org/laws-native-wildlife). The Georgia DNR shall be notified prior to adding additional regulated species prior to acquisition. Proof of notification and approval may be required at any time by the City of Stonecrest to ensure compatibility.

10.

Comply with the Georgia Department of Agriculture (GDA) regulations for general requirements for animal health and disease prevention, including following all requirements for importing animals from out of state, for intrastate transportation, vaccination and quarantine requirements, as applicable, as per the Rules and Regulations of the State of Georgia Chapter 40-13 (http://rules.sos.state.ga.us/GAC/40-13).

11.

Comply with the Georgia Department of Public Health regulations pertaining to reporting rabies exposure.

12.

Comply with DeKalb County requirements for "hazardous animals" as per DeKalb County Code of Ordinances, Chapter 5 - Animals.

13.

Comply with § 27-5-5 - Wild animals for which license or permit required :: 2010 Georgia Code :: US Codes and Statutes :: US Law :: Justia

14.

Comply with the National Association of State Public Health Veterinarians (NASPHV) standards for protection of human health.

15.

The proposed animal exhibition use shall only be allowed in the character areas identified as compatible with the use, and only within specified zoning districts that are found in one of those character areas. The following parameters shall control the location of the exhibitions:

a.

Indoor Animal Exhibitions shall only be allowed in the City Center Character Area and the Regional Center Character Area and on properties zoned C-1 Local Commercial District or C-2 General Commercial District.

b.

The Indoor Animal Exhibition use shall be added to the C-1 Local Commercial District and the C-2 General Commercial District in Table 4.1. Use Table under the Recreation and Entertainment Use section of Chapter 27 Zoning Ordinance Article 4. Use Regulations as a use subject to Mayor and Council approval of a Special Land Use Permit.

c.

Outdoor Animal Exhibitions shall only be allowed in the Conservation/Open Space Character Area and on properties within the Arabia Mountain Conservation Overlay District.

d.

The Outdoor Animal Exhibition use shall be added to Table 3.1 Overlay Use Table under the Recreation and Entertainment Land Use section of Chapter 27 Zoning Ordinance Article 3. Overlay District Regulations for the Arabia Mountain Conservation Overlay District as a use subject to Mayor and Council approval of a Special Land Use Permit.

H.

Outdoor animal exhibitions. As relates to Outdoor Animal Exhibitions, such use shall comply with paragraphs 1. through 15. directly above and the following additional regulations:

1.

Outdoor animal exhibitions shall only be operated between the hours of 8:00 a.m. and 8:00 p.m.

2.

No building that houses animals, or enclosure that confines animals, shall be placed less than 100 feet from a common property boundary with a residential use or a residential zoning district.

(Ord. of 8-2-2017, § 1(4.2.11); Ord. No. 2023-05-01, § 1(Exh. A), 5-22-2023)

A.

Antennas, satellite dishes, or other television transmission receivers located in residential zoning districts may only be located on the roof or in the rear yard of properties.

B.

Antennas, satellite dishes, or other television transmission receivers located in a nonresidential zoned district are prohibited in any yard which adjoins a residential zoned district.

C.

Any ground mounted antennas, satellite dishes, or other television transmission receivers shall be screened from view from surrounding properties at ground level, and from public streets.

(Ord. of 8-2-2017, § 1(4.2.12))

A.

Automobile wash services shall provide a paved area with capacity to store five vehicles waiting to use automatic carwash facilities, and two vehicles per bay for self-service car washes.

B.

Wastewater from all automobile wash services shall be pretreated in accordance with watershed management standards prior to being drained into the public sanitary sewer or into any stormwater structure, as may be approved by the director of planning.

C.

No storage or repair of vehicles shall be allowed on property on which the car washing facility is located.

D.

An accessory single-bay automatic (not self-service) car wash completely enclosed except for openings necessary to allow entry and exit of vehicles shall be permitted subject to the following:

1.

The car wash structure shall be constructed of building materials consistent with that of the principal building, including the roof.

2.

The doors of the car wash building shall be fully closed when the facility is not available for operation.

3.

The car wash structure shall be located behind the rear building line of the principal building,

(Ord. of 8-2-2017, § 1(4.2.13))

A.

Automobile and truck sales. Where a lot is used for automobile or truck and trailer sales, all inventory vehicles parked outdoors shall be set back at least ten feet from the street right-of-way. The ten-foot setback from the street right-of-way shall comply with section 5.4.4.D.3. of this chapter. No other unrelated retail use shall be on the same property or in the same building with automobile and truck sales. The automobile and truck sales lot shall be on a lot no less than one acre in area.

B.

Automobile repair, major, and paint shops. Major automobile repair and paint shops shall meet the following:

(1)

Upon the minor redevelopment of existing buildings or structures, as defined in section 27-8.1.16, that also requires a land development permit or building permit, the director of his designee may require additional improvements to landscaping, signage, parking lots, sidewalks, or building facades. Any minor redevelopment of existing structures, buildings, and physical appurtenances is permitted by right if such changes result in greater conformity with the specifications of this section.

(2)

Shops shall not be permitted on property located within 300 feet of any property used for a school, park, playground or hospital.

(3)

All automobile repair activities must be contained entirely within an enclosed building, unless located in M (Light Industrial) District. For the purposes of determining whether a building is enclosed, the use of open overhead bay doors that can be closed after business hours shall be permitted.

(4)

Vehicles awaiting service shall be parked on-site. If stored overnight, they shall be stores inside an enclosed building or in the side or rear yard enclosed with an opaque fence made of masonry or wood and at least six feet in height.

(5)

Outdoor displays of merchandise shall be prohibited beyond ten feet from the primary building and shall only be displayed during business hours.

(6)

Overnight outdoor storage of any materials, equipment, tires, or rims is prohibited.

(7)

New facilities must be designed with automobile bays facing away from the primary street frontage.

(8)

Junk vehicles shall not be stored on the property.

(9)

All parking located in front of the primary building shall be limited to customers seeking services only and not for storing vehicles overnight waiting to be repaired.

(10)

No automobile sales or curb stoning, which is the sale of used vehicles by unlicensed dealers, shall be permitted on the property.

(11)

For the purpose of this section, distance shall be measured by the most direct route of travel on the ground.

C.

Automobile repair and maintenance establishments, minor. Minor automobile repair and maintenance establishments shall meet the following:

(1)

Upon the minor redevelopment of existing structures or buildings, as defined by section 27-8.1.16, that also requires a land development permit or building permit, the director or his designee may require additional improvements to landscaping, signage, parking lots, sidewalks, or building facades. Any minor redevelopment of existing structures, buildings, and physical appurtenances is permitted by right if such changes result in greater conformity with this section.

(2)

Operations, including the servicing of vehicles, storage of materials and similar activities connected with the use, must be contained entirely within an enclosed building. For the purpose of determining whether a building is enclosed, the use of open overhead bay doors that can be closed after business hours shall be permitted.

(3)

Vehicles awaiting service shall be parked on-site. If stored overnight, they shall be stored inside an enclosed building or in the side or rear yard enclosed with an opaque fence at least six feet in height).

(4)

Outdoor displays of merchandise shall be prohibited beyond ten feet from the building and shall only be displayed during business hours.

(5)

Overnight outdoor storage of any materials, equipment, tires, or rims is prohibited.

(6)

New facilities must be designed with automobile bays facing away from the primary street frontage.

(7)

Junk cars shall not be stored on the property.

(8)

No automobile sales or curb storing, which is the sale of used vehicles by unlicensed dealers, shall be permitted on the property.

(9)

All parking located in front of the primary building shall be limited to customers seeking service only.

D.

Automobile service stations, including gas sales. Unless otherwise permitted within the applicable zoning district, major automobile repair in association with an automobile service station shall not be permitted. Gasoline pumps and other service facilities shall comply with the requirements of section 4.2.29.

E.

Automobile, truck and trailer lease and rental. Where a lot is used for automobile, truck and trailer lease and rental, all inventory vehicles parked outdoors shall be set back at least ten feet from the street right-of-way. The ten-foot setback from the street right-of-way shall comply with section 5.4.4.D.3. of this chapter. All parking areas shall be clearly marked and no automobile, truck or trailer shall be parked outdoors other than within these marked parking areas, except when being serviced. The lot shall be no less than one acre in area.

F.

Automobile, truck and trailer lease and rental where accessory to an automobile service station or shopping center. Where the lease and rental of automobiles, trucks and trailers is a use which is an accessory use, the following requirements shall apply:

1.

The lot on which the inventory vehicles are parked shall be no less than one acre in area.

2.

Parking areas for inventory vehicles which are available for lease or rental shall be located only in the side or Rear yard:

G.

Any work on vehicles conducted outdoors shall only be permitted in the rear yard, but shall be prohibited if the rear yard is adjacent to property zoned or used for a residential purpose.

H.

Boat and boat trailer sales. All boats and boat trailers located on property used for boat and boat trailer sales shall be set back at least ten feet from the street right-of-way. The ten-foot setback from the street right-of-way shall comply with section 5.4.4.D.3. of this chapter.

I.

Retail automobile parts and tire stores. Unless otherwise authorized or permitted within the applicable zoning district, the following limitations apply to the conduct of retail sale of automobile parts and tire stores:

1.

There shall be no dismantling of vehicles on the premises to obtain automobile parts.

2.

There shall be no automobile parts installation other than the installation of tires and the installation of minor accessory parts.

3.

Major automobile repair shall not be permitted in connection with these uses.

4.

Outside display of merchandise shall not extend into the parking lot.

J.

Trailer and RV salesrooms and sales lots. All inventory vehicles located on property used for trailer and RV salesrooms or sales lots shall be set back at least ten feet from the street right-of-way. The ten-foot setback from the street right-of-way shall comply with section 5.4.4.D.3. of this chapter.

K.

Automobile recovery, storage yards for damaged or confiscated automobiles. The following provisions shall apply to storage yards for damaged or confiscated automobiles:

1.

The use shall be enclosed by a fence or wall which is not less than eight feet in height which provides visual screening.

2.

No dismantling, repair or other similar activity shall be conducted on the premises.

3.

The use shall be located at least 1,000 feet from any residential district or use.

4.

Automobiles shall not be stored longer than provided by state and city law.

(Ord. of 8-2-2017, § 1(4.2.14))

A.

The following applies to all bed and breakfast establishments:

1.

The operator of the establishment shall reside on-site.

2.

The use shall require a building permit and approval of the fire department.

3.

Rooms to be let may not be equipped with cooking facilities.

4.

No restaurant use is permitted. Breakfast may be served on the premises only for guests and employees of the bed and breakfast.

5.

The bed and breakfast shall not be operated in such a way as to change the residential character of the neighborhood in which it is located and shall comply with the noise ordinance.

6.

The structure shall be compatible with the character of the neighborhood in terms of height, setbacks and bulk, subject to the approval of the director of planning.

B.

In addition to the requirements in subsection A. of this section, the following requirements apply to home stay bed and breakfast establishments:

1.

In addition to providing the off-street parking required for the dwelling unit, there shall also be provided at least one off-street parking space for each bedroom used as a part of the home stay bed and breakfast residence.

2.

No signs or advertising are permitted to identify or advertise the existence of the home stay bed and breakfast residence beyond those otherwise allowed for residential property.

3.

No individual other than the owner or an employee shall stay for longer than seven consecutive days.

(Ord. of 8-2-2017, § 1(4.2.15))

The following standards shall be required for building and construction offices and landscape contractor offices:

A.

Storage of equipment and/or materials shall be located in the rear yard and screened from view from adjoining properties and the public street with a fence a minimum of six feet in height.

B.

Parking of vehicles shall be located in the side or rear yard only.

(Ord. of 8-2-2017, § 1(4.2.16))

A cemetery allowed as a principal use on a property must meet the requirements below. Cemeteries that are allowed as an accessory use to a church or other place of worship must comply with provisions in section 4.2.42, places of worship.

A.

A cemetery, columbarium or mausoleum shall be located on property with a minimum lot size of ten acres.

B.

The lot on which a cemetery, columbarium or mausoleum is located shall have a minimum public road frontage of 100 feet.

C.

Permanent public ingress/egress shall be provided for the lot on which a cemetery, columbarium or mausoleum is located.

D.

Compliance must be maintained with all requirements of the State of Georgia and the county tax commissioner.

(Ord. of 8-2-2017, § 1(4.2.17))

The following provisions shall apply to all check cashing facilities:

A.

Check cashing facilities, either as a primary use or on its own lot or as part of a retail shopping center, shall not be permitted within 1,000 feet of an existing check cashing facility or pawn shop. For the purpose of this section, distance shall be measured by the most direct route of travel on the ground.

B.

The window and door area of any existing first floor facade that faces public street or sidewalk shall not be reduced, covered, or otherwise obscured nor shall changes be made to such windows or doors that block views into the building at eye level from the street or sidewalk.

C.

For new construction, at least 30 percent of the first floor facade that faces a public street or sidewalk shall be window or doors of clear or lightly tinted glass that allow views into the building at eye level from the street or sidewalk.

D.

The use of bars, chains, roll down doors, or similar security devices placed on the outside of the building is prohibited.

E.

The use of light emitting diodes, neon lights, and illuminated panels placed around the windows or on the outside of the building are prohibited.

(Ord. of 8-2-2017, § 1(4.2.18))

Each child daycare facility and child daycare center shall be subject to the following requirements. A child daycare facility or center may also be a kindergarten or preschool.

A.

Each child daycare facility and child daycare center shall comply with all applicable state daycare requirements for standards, licensing and inspection. A City of Stonecrest business license is required.

B.

Prior to the issuance of a business license for a child daycare facility or child daycare center, the necessary licensing from the State of Georgia shall be obtained, including compliance with all requirements related to minimum area for classrooms, play areas, and fencing. Each child daycare facility and child daycare center shall provide off-street parking spaces as required by the applicable zoning district. Each child daycare center shall provide an adequate turnaround on the site.

C.

The exterior appearance of any child daycare facility located in a residential district shall be maintained as a residential structure, and no signs other than those otherwise authorized within the applicable zoning district shall be erected (no cut-outs, animal characters, or other graphics shall be affixed to the exterior of the structure or displayed upon the premises).

D.

No child daycare facility shall be located within 1,000 feet of another child daycare facility.

E.

See also additional approval criteria in article 7 of this chapter, administration.

(Ord. of 8-2-2017, § 1(4.2.19))

The following provisions apply to coliseums, stadiums and amphitheaters:

A.

Prior to the issuance of a land disturbance permit, a traffic study shall be submitted to the planning department.

B.

All structures shall be located and all activities shall take place no less than 100 feet from any property line adjacent to a residential district or use.

(Ord. of 8-2-2017, § 1(4.2.20))

A.

Drive-in theaters. The following provisions shall apply to drive-in theaters:

1.

The theater screen, projection booth and any other structures associated with the drive-in theater use shall be set back not less than 50 feet from any property line.

2.

Driving and parking areas shall be paved.

3.

Ingress and egress from a public street shall be designed and constructed so as to provide for safe traffic movement.

4.

Central loudspeakers shall be prohibited.

5.

The theater screen shall not be visible from any freeway or thoroughfare.

6.

The portion of the property used for drive-in theater purposes shall be enclosed by a six-foot-high screening fence.

7.

The property shall have a minimum buffer area ten feet in width surrounding the portion of the property used for drive-in theater purposes.

B.

Fairgrounds and amusement parks. The following provisions shall apply to fairgrounds and amusement parks:

1.

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

2.

Such uses shall not be permitted within 500 feet of a residential district.

3.

Such facilities shall be enclosed by a six-foot screening fence.

C.

Golf driving ranges and batting cage facilities. The following provisions shall apply to golf driving ranges and batting cage facilities:

1.

Such uses shall be enclosed by a six-foot-high screening fence or a 25-foot-wide buffer to screen adjacent property.

2.

Central loudspeakers shall be prohibited.

3.

Lighting shall be directed inward such that adjacent properties and roadways are not adversely affected and that no direct light is cast upon adjacent properties and roadways.

D.

Miniature golf courses. The following provisions shall apply to miniature golf courses:

1.

Such uses shall be enclosed by a six-foot-high screening fence and a buffer ten feet in width to screen adjacent property.

2.

Central loudspeakers shall be prohibited.

3.

Lighting shall be directed inward such that adjacent properties and roadways are not adversely affected and that no direct light is cast upon adjacent properties and roadways.

E.

Golf courses. The following provisions shall apply to golf courses:

1.

Except for emergency purposes, loudspeakers shall be prohibited.

2.

Lighting shall be directed inward such that adjacent properties and roadways are not adversely affected and that no direct light is cast upon adjacent properties and roadways.

F.

Recreation grounds, fishing lakes and other related facilities. The following provisions shall apply to recreation grounds and facilities:

1.

Such uses shall be enclosed by a screening fence six feet in height or a 25-foot-wide buffer to screen adjacent property.

2.

Central loudspeakers shall be prohibited.

3.

Lighting shall be directed inward such that adjacent properties and roadways are not adversely affected and that no direct light is cast upon adjacent properties and roadways.

G.

Tennis centers, clubs and facilities. The following provisions shall apply to tennis centers, clubs and facilities:

1.

Such uses shall be enclosed by a screening fence six feet in height or a 25-foot-wide planted buffer to screen adjacent property.

2.

Central loudspeakers shall be prohibited.

3.

Lighting shall be directed inward such that adjacent properties and roadways are not adversely affected and that no direct light is cast upon adjacent properties and roadways.

H.

Go-cart concessions. The following provisions shall apply to outdoor go-cart concessions:

1.

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

2.

Such use shall not be permitted within 500 feet of the boundary of a residential district.

3.

Such use shall be enclosed by a six-foot-high masonry wall.

4.

The motor size of any cart used shall not exceed five horsepower.

5.

The maximum area occupied by the facility, excluding areas used solely for parking, shall not exceed 40,000 square feet.

6.

Central loudspeakers shall be prohibited.

I.

Other outdoor recreation shall meet the standards provided in subsection G. of this section.

(Ord. of 8-2-2017, § 1(4.2.21))

Crematory use shall be located at least 100 feet from the property line of any property zoned or used for residential purposes.

(Ord. of 8-2-2017, § 1(4.2.22))

All drive-through facilities must comply with the following:

A.

Drive-through facilities shall not be located within 60 feet of a residentially zoned property, as measured from any menu or speaker box to the property line of adjacent residential property, unless part of a mixed use development.

B.

No drive-through facility shall be located on a property less than 10,000 square feet in area, unless part of a mixed use development. Stacking spaces for queuing of cars shall be provided for the drive-through area as required in article 6 of this chapter.

C.

Drive-through lanes and service window serving drive-through lanes shall only be located to the side or rear of buildings.

D.

Drive-through canopies and other structures, where present, shall be constructed from the same materials as the primary building and with a similar level of architectural quality and detailing.

E.

Speaker boxes shall be directed away from any adjacent residential properties and shall require masonry sound attenuation walls with landscaping or other speaker volume mitigation measures. Speaker boxes shall not play music but shall only be used for communication for placing orders.

F.

All lighting from drive-through facilities shall be shaded and screened so as to be directed away from any adjacent residential properties.

G.

Stacking spaces shall be provided for any use having a drive-through facility or areas having drop-off and pick-up areas in accordance with the following requirements. Stacking spaces shall be a minimum of ten feet wide and 25 feet long. Stacking spaces shall begin at the last service window for the drive-through lane (typically the pick-up window).

H.

All drive-through facilities with the exception of drive-through restaurants shall provide at least three stacking spaces for each window or drive-through service facility.

I.

The following general standards shall apply to all stacking spaces and drive-through facilities:

a.

Drive-through lanes shall not impede on- and off-site traffic movements, shall not cross or pass through off-street parking areas, and shall not create a potentially unsafe condition where crossed by pedestrian access to a public entrance of a building.

b.

Drive-through lanes shall be separated by striping or curbing from off-street parking areas. Individual lanes shall be striped, marked or otherwise distinctly delineated.

c.

All drive-through facilities shall include a bypass lane with a minimum width of ten feet, by which traffic may navigate around the drive-through facility without traveling in the drive-through lane. The bypass lane may share space with a parking access aisle.

d.

Drive-through lanes must be set back five feet from all lot lines and roadway right-of-way lines.

e.

Owner and operator are responsible for daily litter clean-up to ensure the property remains free of trash, litter, and debris.

f.

Drive-through restaurants shall not be located within 500 feet of an elementary, middle, or high school.

g.

Drive-through restaurants located in activity centers require a special land use permit. In all other character areas a special land use permit is required unless the facility can meet at least two of the following criteria:

i.

Facility is located within 400 feet of an intersection of a major arterial street and a major or minor arterial street, or within 1,000 feet of an interstate highway interchange do not require a special land use permit.

ii.

Facility is accessible only through interparcel access or through a shared driveway.

iii.

Facility is part of a major redevelopment, as defined in section 27-8.1.16.

h.

Distance shall be measured from the right-of-way of the exit or entrance ramp, or street corner (middle of the radius), along the intersecting street right-of-way, to the nearest property line.

(Ord. of 8-2-2017, § 1(4.2.23))

A.

Cottage. Notwithstanding any other provision to the contrary, a cottage development may be subdivided into individual lots that do not meet the minimum street frontage requirements and may be treated as fee-simple or condominium lots.

B.

Mobile home or manufactured home. When permitted outside of a mobile home zoning district, mobile homes or manufactured homes may be used to house caretakers or security personnel only, and may not be used for commercial purposes.

C.

Townhouse and urban single-family (U-SF). Notwithstanding any other provision to the contrary, a townhouse or U-SF development may be subdivided into individual lots that do not meet the minimum street frontage requirements and may be treated as fee simple or condominium lots.

D.

Condominium standards. If a condominium form of ownership is proposed for a development, the development shall meet all applicable state laws, including the Georgia Condominium Act (O.C.G.A. § 44-3-70 et seq.). Proposed bylaws and the articles of incorporation for the condominium association shall be submitted to the director of planning with the application for development approval.

(Ord. of 8-2-2017, § 1(4.2.24))

Emission stations shall be setback no less than 35 feet from the public right-of-way. A metal building may be used if it has a brick base at least three feet high. No fabric structures may be used. Large planters for landscaping must be installed around any building.

(Ord. of 8-2-2017, § 1(4.2.25))

Extended stay motels/hotels shall meet the following requirements:

A.

Extended-stay motels/hotels shall have no more than 25 guest rooms per acre.

B.

Each guest room must have a minimum of 300 square feet and access with a magnetic keycard entry/locking device.

C.

Extended-stay hotels/motels shall not be more than four stories in height.

D.

Extended-stay hotels/motels must be constructed on a tract of land containing at least two acres.

E.

Extended-stay hotels/motels must contain an enclosed, heated and air conditioned laundry space containing a minimum of three clothes washers and three clothes dryers for the use of guests.

F.

Extended-stay hotels/motels must provide a minimum of 1,000 square feet for recreational use by guests. In computing the 1,000 square feet requirement, swimming pools, fitness or recreation centers and other recreational facilities may be used in determining the square footage required by this subsection.

G.

Management must be on the property 24 hours a day, seven days a week.

H.

Daily maid service must be included in the standard room rate.

I.

Parking areas must have security fencing and lighting with a minimum luminescence of one footcandle at pavement level.

J.

No extended stay motel/hotel may be located within 500 feet of another extended stay motel/hotel.

K.

Change of location or name.

1.

No applicant shall operate, conduct, manage, engage in, or carry on an extended-stay motel/hotel under any name other than his name and the name of the business as specified on the occupation tax certificate.

2.

Any application for an extension or expansion of a building or other place of business where an extended-stay motel/hotel is located shall require inspection and shall comply with the provisions and regulations of this article.

3.

The applicant shall pay an administrative fee to be set by the city council to apply for a change of name for an extended-stay motel.

(Ord. of 8-2-2017, § 1(4.2.26); Ord. No. 2023-05-03, § 1(Exh. A), 5-22-2023)

Temporary or seasonal farmers markets must obtain a special administrative zoning permit for temporary seasonal sales or event in order to operate and shall adhere to the following requirements:

A.

The operator of a farmers market shall obtain a business license from City of Stonecrest prior to opening the farmers market.

B.

City of Stonecrest shall be provided a list of the names of persons, firms or corporations who shall provide produce or merchandise for sale as part of the public market. The list shall also generally describe the type of item sold by each said person, firm or corporation. The list shall be updated quarterly during the term of the business license.

C.

Displayed inventory of the products sold may include:

1.

Farm products such as fruits, vegetables, mushrooms, herbs, grains, legumes, nuts, shell eggs, honey or other bee products, flowers, nursery stock, livestock food products (including meat, milk, yogurt, cheese and other dairy products), and seafood.

2.

Value-added farm products such as baked goods, jams and jellies, canned vegetables, dried fruit, syrups, salsas, salad dressings, flours, coffee, smoked or canned meats or fish, sausages, or prepared foods.

3.

All other items may not be displayed and sold.

D.

At least 75 percent of the vendors participating during the market's hours of operation must be either producers (a person or entity that raises farm products on farms the person or entity owns, rents or leases), family members, employees or agents of producers or preparer of said products.

E.

If a booth sells farm products or value-added farm products that are not produced by the vendor, said booth must explicitly disclose the producer's name and location in writing with lettering that is at least two inches tall and visible to the consumer.

F.

Vending structures may include a temporary, movable booth, stall, table, tent or other structure used for the sale of goods or for display purposes at a farmers market.

G.

Hours of operation. Temporary or seasonal market hours may be between 7:00 a.m. and 9:00 p.m. Temporary or seasonal markets shall not operate more than six hours per day nor more than three days per week. Set-up of market operations shall begin no earlier than 6:00 a.m. and take-down and clean-up shall end no later than 10:00 p.m.

H.

Market manager. On-site presence of a market manager is required during all hours of operation. The market manager shall direct the operations of all vendors participating in the market and verify that the requisite number of individual vending structures are operated by producers.

I.

Parking. Two parking spaces per vendor shall be provided on-site or within 500 feet of the boundary line of the property hosting a temporary or seasonal farmer's market.

J.

Access to public toilet facilities shall be provided to customers.

K.

Farmers markets must obtain a special administrative zoning permit for temporary seasonal sales or event to operate in City of Stonecrest. The application shall include:

1.

Name and current address of the applicant.

2.

A notarized letter signed by the property owners or authorized property manager or agent, consenting to the placement of the farmers market on the property.

3.

A site plan drawn to-scale showing:

a.

Property lines, street curbs, street names, adjacent sidewalks as applicable.

b.

Plan layout and dimensions showing the on-site market area including the number, arrangement, and size of the vending structures to be located in the market.

c.

Location of on-site and off-site parking spaces.

d.

Any other documents or information requested and deemed by the director of planning as applicable to the specific application.

(Ord. of 8-2-2017, § 1(4.2.27); Ord. No. 2023-06-02, § 1(Exh. A), 6-28-2023)

A.

Upon the minor redevelopment of existing structures or buildings, as defined in section 28-8.1.16, that also requires a land disturbance permit or building permit, the director may require additional improvements to landscaping, signage, parking lots, sidewalks, or building facades. Any minor redevelopment of existing structures, buildings, and physical appurtenances is permitted by right if such changes result in greater conformity with the specifications of this section.

B.

Gas station and convenience store design shall comply with the design standards and transitional buffer requirements set forth in article 5 of this chapter.

C.

The following standards apply to all gas pumps:

(1)

All associated light fixtures shall be directed away from surrounding residential neighborhoods.

(2)

Canopies covering gasoline dispensers shall be set back not less than 15 feet from all street rights-of-way.

(3)

Canopy height shall not exceed the greater of 20 feet or the height of the principal building.

(4)

Canopies and their columns shall be complementary to the overall color scheme and building materials scheme of the building facade to which the canopy is necessary.

(5)

Canopy lighting shall not extend beyond the area immediately beneath the canopy and all fixtures shall be recessed, including any fixture or lens. Lighting shall project inward and downward, shall not have any spillover to adjacent properties, and shall cut off no later than 30 minutes after closure of the facility.

(6)

Automobile service stations with gas sales shall have a capacity to store one car per bay (car area in front of a pump), so as not to interfere with driveway ingress and egress traffic flow.

(7)

A minimum of 30 feet is required between a property line and the nearest gasoline pump.

(8)

Owner and operator are responsible for daily litter clean-up to ensure that property remains free of litter, trash, and debris.

(9)

When a separate retail or restaurant use is located on the same property as fuel pumps, there shall be separate and distinct parking spaces for each use.

(10)

The use of light emitting diodes, neon lights, and illuminated panels placed around the windows or on the outside of the building is not prohibited, but must not be visible from or face adjacent residential uses.

D.

Location criteria. Fuel pumps associated with convenience stores, gas stations, and service stations must meet the following criteria:

1.

Facility is located within 100 feet of an intersection of a major arterial street and a major or minor arterial street, or located within 500 feet of an interstate highway intersection with an arterial street as designated on the Functional Classification Map in the City Comprehensive Plan.

2.

Facility is accessible via direct or secondary access to two roads.

3.

Facility includes at least 5,000 square feet of retail space.

4.

No more than two facilities may be located at any given intersection.

5.

Except for facilities located at the same roadway intersection, facilities cannot be located closer than 1,500 feet apart.

E.

Distance shall be measured from the right-of-way of the exit or entrance ramp, or street corner (middle of the radius), along the intersecting street right-of-way, to the nearest property line.

F.

Facility must include at least two bathrooms, each capable of serving at least three persons at a time, open to the public, and compliant with the Americans with Disabilities Act.

G.

If a reverse frontage design is proposed, the primary building shall be located close to the street to define street edge. Pump islands shall not be located between the building and the street, but shall be placed behind or to the side of the primary building. The facade of the primary building located closest to the street shall include architectural features and shall have an active entrance either on the side or rear, with clear unobstructed pedestrian access from the public sidewalk. The street facade shall have at least 25 percent fenestration or faux fenestration.

H.

Service areas, storage areas, and trash enclosures shall be oriented away from public view and screened from adjacent properties.

I.

Facilities must provide a two-foot-high masonry wall with landscaping and/or an evergreen hedge to help screen the pumps from view from a public right-of-way.

(Ord. of 8-2-2017, § 1(4.2.28); Ord. No. 2021-06-05, § 1(Exh. A), 8-23-2021)

In addition to the submission requirements of article 7 of this chapter, any application for a special land use permit (SLUP) or a rezoning related to a heavy industrial use shall provide the following information as applicable:

A.

Submit within the letter of application the following details:

1.

Specific operations to be performed.

2.

Hours of operation.

3.

Whether operations will be indoors or outdoors.

4.

How long materials will be stored on the property.

5.

Whether any hazardous wastes will be involved in the operation, including an explanation of how safety measures will ensure that there is no air or water contamination and how the operators will safely dispose of such hazardous materials.

6.

A description of any solid wastes handled, produced, or disposed of, including whether the operations will require a solid waste handling permit.

7.

How many employees there will be.

8.

Whether the operation will be open to the public.

9.

What types of vehicles will be delivering materials to the property; and how many and how often, what thoroughfares or major route plan the trucks will take to get to and from the site to minimize any impact on residential area, and whether trucks will be covered to minimize dust/odor impacts on adjacent roadways used to get to the site.

10.

Whether the proposed use requires the submittal of a development of regional impact (DRI).

B.

Copies of any required state and/or federal agency applications, requirements, environmental assessment reports, or related data; or, if none have been submitted, an indication as to whether such documentation is required.

C.

Data from reputable industry sources on current industry standards regarding the proposed land use and how the proposed operation will comply with industry standards to ensure that surrounding properties are not adversely impacted.

D.

For any of the following uses, certification by an environmental professional that the proposed operation will not have any adverse air or water quality impacts on surrounding properties:

1.

Any use requiring a solid waste handling permit.

2.

Any use which utilizes burning, melting, or degasification.

3.

Any use which involves the emissions of particulate matter.

4.

Any use which processes or stores hazardous materials.

E.

Detailed information on proposed methods to minimize any adverse air/water quality impacts based on current industry standards.

F.

Detailed information on proposed methods to minimize any noise, odor, dust, and vibration on surrounding properties in light of current industry standards.

G.

Detailed information regarding how traffic impacts will be accommodated on the surrounding road network.

H.

Any data regarding any monthly, quarterly, or yearly required inspections by any state or federal agency to ensure compliance with any state or federal permits once use has been approved by City of Stonecrest.

(Ord. of 8-2-2017, § 1(4.2.29); Ord. No. 2022-06-01, § 2(Exh. A), 8-2-2022)

Heliports must comply with FAA regulations AC No. 150/5390 for design standards for general aviation, hospital heliports, and rooftop emergency facilities.

(Ord. of 8-2-2017, § 1(4.2.30))

The following provisions apply to home occupations:

A.

A home occupation where no customer contact occurs shall be considered a Type I home occupation and may be conducted with administrative approval by the director of planning and zoning.

1.

The owner/operator of the business must reside on the premise.

2.

Up to two (2) full-time residents of the premises are allowed to conduct separate home occupations in the same dwelling. In reviewing such a request, the local government may consider the reason, potential residential impact, parking needs, hours of operation and other relevant factors.

B.

All home occupations other than Type I home occupations shall be considered a Type II home occupation and shall require a special land use permit (SLUP). Additional conditions may be placed on the approval of a Type II home occupation in order to ensure the home occupation will not be a detriment to the character of the residential neighborhood.

1.

Customer contact is allowed for Type II home occupations.

2.

Up to two full-time residents of the premises are allowed to conduct separate home occupations in the same dwelling. In reviewing such a request, the local government may consider the reason, potential residential impact, parking needs, hours of operation and other relevant factors.

C.

All home occupations shall meet the following standards:

1.

There shall be no exterior evidence of the home occupation.

2.

No use shall create noise, dust, vibration, odor, smoke, glare or electrical interference that would be detectable beyond the dwelling unit.

3.

The use shall be conducted entirely within the dwelling unit, and only persons living in the dwelling unit shall be employed at the location of the home occupation.

4.

No more than 25 percent of the dwelling unit and/or 500 square feet, whichever is less, may be used for the operation of the home occupation.

5.

No more than one business vehicle per home occupation is allowed.

6.

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

7.

Home occupation shall not include the use of a dwelling unit for the purpose of operating any automobile repair establishment, or car wash.

8.

Occupations that are mobile or dispatch-only may be allowed, provided that any business vehicle used for the home occupation complies with section 6.1.3, and is limited to one business vehicle per occupation.

D.

Private educational services shall comply with home occupation standards and no more than three students shall be served at a time. Family members residing in the home are not counted towards the three students allowed.

E.

Child care homes and personal care homes are considered home occupations and must adhere to these provisions in addition to Section 4.2.41.

(Ord. of 8-2-2017, § 1(4.2.31); Ord. No. 2021-06-04, § 1(Exh. A), 8-23-2021)

A.

The regulations that follow regarding late-night establishments and nightclubs are intended to afford protection to residential uses and other uses so as to protect the public health, safety, and welfare while respecting and providing adequate opportunities for nightlife in the city.

B.

Late-night establishments and nightclubs shall be subject to all of the following standards:

1.

Parking facilities within a lot may be shared in accordance with article 6 of this chapter, parking.

2.

Valet parking shall not be used to satisfy the requirement to meet applicable parking standards.

3.

Methods of traffic circulation, ingress and egress shall be consistent with best management practices as approved by the planning department.

4.

Noise from the proposed use shall be contained within the subject retail center units or standalone structures. The facility shall comply with chapter 16.

C.

No late night establishment or night club boundary line shall be located within 1,500 feet from the boundary line of property zoned for residential use without the issuance of a special land use permit (SLUP). A late-night establishment or night club is not required to obtain a special land use permit when their closest residential neighbor is on the opposite side of an interstate highway.

D.

Every special land use permit application for a late-night establishment or nightclub shall include a scaled drawing of the location of the proposed premises, showing the distance measured in feet from the boundary line of the property proposed to be used as a late-night establishment or nightclub to the boundary line of property zoned for residential use. Such drawing shall be certified by a land surveyor or professional engineer registered in the State of Georgia. For the purposes of this section, distance shall be measured in feet as follows:

1.

From the property line of the land upon which the late-night establishment or nightclub is located;

2.

To the property line of the land which is zoned for a residential use;

3.

Along a straight line which describes the shortest distance between the two property lines (i.e., "as the crow flies").

E.

Any late-night establishment or nightclub operating pursuant to a validly issued business and liquor license issued prior to the effective date of November 18, 2008, shall be a legal nonconforming use, as defined in article 9 of this chapter. No late-night establishment or nightclub currently operating under a valid license issued prior to the effective date set forth in this section shall be required to secure a special land use permit from the city council in order to continue operation. Such establishments shall be required to comply with the applicable provisions of article 4, division 5 [sic] of this chapter regarding cessation, expansion, movement, enlargement or other alteration of the late-night establishment or nightclub. If a licensee is operating a legal nonconforming late-night establishment or nightclub at a particular location pursuant to this zoning ordinance, and such license is revoked, upon revocation, the legal nonconforming status of the licensee at that particular location shall be terminated.

(Ord. of 8-2-2017, § 1(4.2.32))

A live-work unit is a residential unit used as both living accommodations, which includes cooking space and sanitary facility in conformance with applicable building standards and board of health standards, and adequate working space accessible from the living area. If a live-work unit is not constructed to commercial fire safety standards, the commercial portion of the live-work unit may only be operated by one or more persons who reside in the unit. If a live-work unit is constructed to commercial fire safety standards, a resident of the live-work unit may allow the commercial portion of the live-work unit to be operated by a third-party.

A.

Live-work units shall meet all of the following standards:

1.

Uses shall be compatible with residential uses and shall not produce or create noise, smoke, vibrations, glare, fumes, odors, electrical interference, or fire hazards that would unreasonably interfere with residential uses.

2.

If a live-work unit is in a residential district, permitted uses shall be limited to those uses allowed in the Neighborhood Shopping (NS) District. For a live-work unit located in a nonresidential district, permitted uses shall be limited to those uses allowed in that district.

3.

Restroom facilities shall be provided to serve the commercial portion of the unit. Individual public restrooms facilities are not required within each live-work unit when disabled accessible public restroom facilities are provided elsewhere on an accessible route within the building or building site.

4.

A live-work unit will be subject to all applicable licenses and business taxes.

5.

See also article 5 of this chapter for additional design requirements, including section 5.7.7.

(Ord. of 8-2-2017, § 1(4.2.33))

The following regulations apply to the use of land as a mine, mining operation, quarry, gravel pit, borrow pit, and sand pit. See also article 7 of this chapter, administration for additional approval criteria.

A.

The following provisions apply to removal or extraction of dirt, sand and soil:

1.

Drainage plans and a plan for the redevelopment of the site when the removal is completed shall be submitted with the application for a development permit.

2.

The use shall not be established within 1,000 feet of a residential zoning district or use nor within 300 feet of any other use.

3.

This subsection shall not prohibit the removal of earth and rock and filling and grading in any district done for land development purposes, upon issuance of a development permit in accordance with the provisions of this chapter.

B.

Quarry and mining. The following provisions apply to the use of any parcel of land for a quarry, mine or mining operation:

1.

All improved and maintained entrances shall be fenced and locked during non-business hours. The property shall be adequately posted as is required by state law, and evidence of such posting shall be filed with the director of planning.

2.

Operators shall comply with state department of natural resources, surface mining land reclamation program rules and regulations, and the mining permit number issued by the state shall be filed with the director of planning.

3.

A blasting limit of two inches per second peak particle velocity, as measured from any of three mutually perpendicular directions in the ground at off-site buildings, shall not be exceeded.

4.

An air blast limit of 128 decibels (linear-peak), measured at off-site residential buildings, shall not be exceeded.

5.

Seismographic and noise instrumentation shall be required for a minimum of one blast per three-month period. The records of such instrumentation and records of all blasts, including total charge weight, charge weight per delay, charge depth, date and time, location and meteorological conditions, shall be retained by the operator for a period of not less than two years. All non-instrumented blasts shall be in compliance with the recommended scaled distance, as defined by the United States Department of the Interior, Bureau of Mines Bulletin 656, entitled "Blasting Vibrations and Their Effects on Structures."

C.

Prior to the issuance of any development permit for any mine, quarry, gravel pit, or sand pit, the applicant shall provide to the director a reuse or reclamation plan which meets all requirements of chapter 14 of the Code.

(Ord. of 8-2-2017, § 1(4.2.34))

A.

Outside storage for mini-warehouses shall be limited to vehicles such as boats, RVs, etc., and shall only be allowed in side and rear yards.

B.

Storage units may not be used for the following uses: The operation of a business or service enterprise; personal activities such as hobbies, arts and crafts, woodworking, repair, restoration or maintenance of machinery or equipment; hazardous or toxic material storage; and/or living or sleeping quarters.

C.

Wares, goods and/or personal property stored therein shall not include explosives, paint, flammable chemicals or other materials which might be corrosive or hazardous.

D.

Buffer standards in article 5 of this chapter shall apply.

E.

Exterior lighting for a mini-warehouse facility shall project inward and downward, and shall not spillover to adjacent properties.

(Ord. of 8-2-2017, § 1(4.2.35))

No dwelling unit or other permanent structure shall be moved within or into the city unless, when relocated, it meets all requirements of chapter 27 of the Code and is first approved by the director of planning.

(Ord. of 8-2-2017, § 1(4.2.36))

This section applies to the placement of merchandise and/or merchandise vending machines outside the walls of any enclosed building with the intent being to entice potential customers onto the premises through the public display of such merchandise and/or merchandise vending machines. The term "outdoor display" shall not apply to merchandise which is placed outside temporarily for the purpose of sales. See division 3 of this article, temporary use regulations. Outdoor display shall be permitted in conjunction with permitted uses in the NS, C-1, C-2, MU districts, M, and M-2 zoning districts, provided the following requirements are met:

A.

Areas devoted to outdoor display, as referred to in this section, shall be allowed on public and private sidewalks, provided that all ADA requirements are fulfilled.

B.

All outdoor display areas shall be located contiguous to the principal building, subject to all fire safety requirements.

C.

No outdoor display shall be permitted to occupy or interfere with traffic circulation, required parking areas or pedestrian access.

D.

The type of merchandise permitted in outdoor displays shall be limited to automobiles, boats, recreational vehicles, farm equipment, yard and garden accessories, prefabricated storage sheds, nursery and agricultural products, gas pump island beverage shelving, and vending machines. This section shall not be interpreted to include supply yards, salvage yards, or other items or materials considered outdoor storage.

E.

Outdoor displays of tires shall be within ten feet of the building.

F.

Outdoor displays shall be permitted in any yard, but shall not encroach into any public rights-of-way.

G.

Outdoor displays shall present a neat and orderly appearance.

H.

Outdoor displays shall be permitted only where such display is incidental to and supportive of the principal use of the structure located on the same parcel.

I.

Each outdoor display location must be shown on the site plan at time of initial permitting of land development permits and building permits and shall not encroach on any required landscaping and parking areas.

J.

These standards shall apply to outdoor seating areas at restaurants, coffee shops, etc.

(Ord. of 8-2-2017, § 1(4.2.37))

The following regulations shall apply to outdoor storage of materials, supplies, equipment, or vehicles. The term outdoor storage does not include outside display of merchandise; outdoor temporary sales or events; auto-dealerships; salvage yards; junkyards; automobile wrecking yards; or storage yards for non-operable, confiscated, or dilapidated vehicles, equipment, or materials.

A.

In the O-I, NS, and C-1 districts, accessory outdoor storage associated with the operation of a business is allowed subject to the following requirements:

1.

The outdoor storage area shall be at least 50 feet from the street right-of-way.

2.

The outdoor storage area shall be screened so as not to be visible at ground level from any adjoining property or public street.

3.

The materials stored must be for use by the owner and not displayed for sale to third parties.

4.

Fleet vehicles associated with the operation of the business are exempt from these requirements.

B.

In the C-2, M, and M-2 districts, any outdoor storage areas (primary or accessory) are allowed subject to the following requirements:

1.

The outdoor storage area shall be at least 50 feet from the street right-of-way.

2.

The outdoor storage area shall be screened so as not to be visible at ground level from any adjoining property or public street.

3.

A ten-foot-wide evergreen landscape buffer around the outside perimeter of the screened area shall be provided when adjacent to any property not zoned C-2, M, or M-2.

4.

Fleet vehicles associated with the operation of a business are exempt from these requirements.

C.

In residential districts, outdoor storage is allowed for items such as barbecue grills, lawn furniture, hoses, garden tools, lawn equipment and outdoor play equipment. Outdoor storage of the following are expressly prohibited:

1.

Indoor appliances, whether or not in use;

2.

Indoor furniture, whether or not used for outdoor leisure furniture; and

3.

Items that are no longer used for their intended purpose; for example, a bike missing a tire, broken machinery, old appliances and scrap metal or other scrap materials.

(Ord. of 8-2-2017, § 1(4.2.38))

Commercial parking lots shall meet all the streetscape, landscaping, buffering and screening requirements provided in article 5 of this chapter.

(Ord. of 8-2-2017, § 1(4.2.39))

The following provisions shall apply to pawn shops:

A.

Pawn shops shall not be permitted within 1,000 feet of an existing pawn shop or check cashing facility. For the purpose of this section, distance shall be measured by the most direct route of travel on the ground.

B.

The window and door area of any existing first floor facade that faces a public street or sidewalk shall not be reduced, covered, nor otherwise obscured, nor shall changes be made to such windows or doors that block one's view into the building at eye level from the street or sidewalk.

C.

For new construction, at least 30 percent of the first floor facade that faces a public street or sidewalk shall be window or doors of clear or lightly tinted glass that allows a person to see into the building at eye level form the street or sidewalk.

D.

The use of bars, chains, roll down doors or similar security devices placed on the outside of the building is prohibited.

E.

The use of light emitting diodes, neon lights, and illuminated panels placed around the windows or the outside of the building is prohibited.

(Ord. of 8-2-2017, § 1(4.2.40))

A.

Personal care homes, general requirements.

1.

If owned by a corporation, partnership, Limited Liability Company or any entity other than a natural person, the administrator identified in the state license application must reside in the personal care home. If owned by an individual, the individual owner must reside in the group personal care home.

2.

Each personal care home must obtain a city license as well as all license(s) and/or permit(s) required by the State of Georgia before beginning to operate. Each personal care home licensed and/or permitted by the State of Georgia must display its state-issued and city-issued license(s) and/or permit(s) in plain view, visible from the front doorway of the facility.

3.

No personal care home may display any exterior signage that violates the sign ordinance in chapter 21 of the Code or the sign provisions in the zoning regulations for the underlying zoning district where the personal care home is located.

4.

Personal care homes may apply for an FHA Accommodation Variance as provided for in section 7.5.9 of this chapter.

5.

No city permit for the operation of the personal care home shall be transferable.

B.

Personal care home, group (up to six persons).

1.

Two copies of complete architectural plans for the subject group personal care home, signed or sealed by a registered architect, shall be submitted to the director of planning prior to issuance of a building permit or business license.

2.

Each group personal care home must provide at least four parking spaces within a driveway, garage or carport and must comply with any applicable requirements in article 6.

3.

The home must be at least 1,800 sq. ft in size.

4.

In order to prevent institutionalizing residential neighborhoods, no group personal care home located in a residential zoning district may be operated within 1,000 feet of any other group personal care home. The 1,000-foot distance requirement is measured by a straight line which is the shortest distance (i.e., "as the crow flies") between the property lines of the two tracts of land on which the group personal care homes are located.

C.

Personal care home, (seven or more persons).

1.

Two copies of complete architectural plans for the subject community personal care home, signed or sealed by a registered architect, shall be submitted to the director of planning prior to issuance of a building permit or business license.

2.

Each community personal care home must provide at least one-half parking spaces for each employee and resident and must comply with any applicable requirements in article 6.

D.

Child Care Home, and Child Care Facility general requirements.

1.

If owned by a corporation, partnership, Limited Liability Company or any entity other than a natural person, the administrator identified in the state license application must reside in the child care home, facility. If owned by an individual, the individual owner must reside in the child care home, or child care facility.

2.

No child care home, or child care facility shall be located within 1,500 feet of another child care home or child-care facility. The 1,500-foot distance requirement is measured by a straight line which is the shortest distance (i.e., "as the crow flies") between the property lines of the two tracts of land on which the child care homes, or child care facilities are located.

3.

Each child caring home, and child care facility must obtain all license(s) and/or permit(s) required by the State of Georgia in order to operate. Each child caring institution must display its state-issued and city-issued license(s) and/or permit(s) in plain view, visible from the front doorway of the facility.

4.

Child Care homes and Child Care facilities are not permitted in Multi-family dwellings.

5.

No child caring home, facility may display any exterior signage that violates the sign ordinance in chapter 21 of the Code or the sign provisions in the zoning regulations for the underlying zoning district where the personal care home is located.

6.

Each child care home, facility shall meet the minimum state requirements for playground size, location, and fencing.

E.

Child Care Homes, (up to five children).

1.

Each group child care home must provide at least four parking spaces within a driveway, garage or carport, and must comply with any applicable requirements in article 6.

F.

Child Care Facility (six or more children).

1.

Two copies of the complete architectural plans of the subject community child caring institution, signed and sealed by a registered architect, shall be submitted to the director of planning prior to issuance of a building permit or business license.

2.

Each community child caring institution must provide at least one-half parking spaces for each employee and resident and must comply with any applicable requirements in article 6.

(Ord. of 8-2-2017, § 1(4.2.41); Ord. No. 2021-06-04, § 1(Exh. A), 8-23-2021)

The following subsections shall apply to places of worship, convents and monasteries and their related uses, buildings and structures located in a residential district:

A.

Any building or structure established in connection with places of worship, monasteries or convents shall be located at least 50 feet from any residentially zoned property. Where the adjoining property is zoned for nonresidential use, the setback for any building or structure shall be no less than 20 feet for a side-yard and no less than 30 feet for a rear-yard.

B.

The required setback from any street right-of-way shall be the front-yard setback for the applicable residential district.

C.

The parking areas and driveways for any such uses shall be located at least 20 feet from any property line, with a visual screen, provided by a six-foot-high fence or sufficient vegetation established within that area.

D.

Places of worship, convents and monasteries shall be located on a minimum lot area of three acres and shall have frontage of at least 100 feet along a public street.

E.

Places of worship, convents and monasteries shall be located only on a thoroughfare or arterial.

F.

Any uses, buildings or structures operated by a place of worship that are not specifically included within the definition of place of worship must fully comply with the applicable zoning district regulations, including, but not limited to, any requirement for a special land use permit.

(Ord. of 8-2-2017, § 1(4.2.42))

A.

The minimum lot size for private elementary, middle and high school, for which an application for a special land use permit is filed, shall be as follows:

1.

Elementary school. Two acres plus one additional acre for each 100 students based on the designed capacity of the school.

2.

Middle school. Three acres plus two acres for each 100 students based on the designed capacity of the school.

3.

High school. Five acres plus two acres for each 100 students based on the designed capacity of the school.

B.

The minimum public road frontage for a private school is 200 feet.

C.

Accessory ball fields shall be located at least 50 feet from a residential district or property used for a residential purpose.

D.

A 50-foot undisturbed buffer is required if adjacent to a residential district or property used for a residential purpose.

(Ord. of 8-2-2017, § 1(4.2.43))

The following provisions shall be required for automobile salvage, wrecking yards and junkyards, primary or accessory:

A.

The site shall be enclosed by a wall or opaque fence not less than eight feet in height.

B.

No activity and no vehicle storage associated with such uses shall be conducted within 100 feet of any property zoned or used for residential purposes.

C.

No activity and no vehicle storage associated with such uses, except for deliveries, pickups, and signs, shall be conducted within 50 feet of the street right-of-way.

D.

No activity and no vehicle storage associated with such uses shall be conducted within 50 feet of the side and rear property lines, unless the adjacent property is zoned M or M-2.

E.

The use shall not be permitted within 300 feet of any property used for a school, park, playground or hospital.

F.

The sale of automobile parts removed from vehicles on the site shall be permitted.

G.

A ten-foot-wide evergreen landscape buffer around the outside perimeter of the screened area shall be provided when adjacent to any property not zoned C-2, M, or M-2.

(Ord. of 8-2-2017, § 1(4.2.44))

Specialized and vocational schools must meet the applicable requirements of section 4.2.42 and, with the exception of facilities located in industrial districts, all activities shall occur within enclosed buildings.

(Ord. of 8-2-2017, § 1(4.2.45))

A.

Primary uses. Senior housing facilities shall include either independent living units or assisted living units, or both. The independent living units may be either single-family (detached) residences or multifamily (attached) residences.

B.

Accessory uses. Senior housing facilities shall include one or more of the following accessory uses:

1.

Ancillary clinics, personal service, retail (e.g., pharmacy, hair salon, medical offices).

2.

Central kitchen and dining facility.

3.

Recreation and amenities.

4.

Building/clubhouse for classes, meetings, concerts, storytelling, etc.

5.

Adult daycare.

C.

The maximum number of unrelated residents living independently (not requiring personal care) and at age 55 or older allowed in an independent living unit is one per bedroom.

D.

Height standards. A senior living facility in which all of the occupied units are occupied by at least one senior aged 55 or older is authorized up to ten stories without a height SLUP in HR, MU-3, MU-4, and MU-5 zoning districts, subject to transitional height plane regulations in article 5 of this chapter.

E.

Accessibility standards. All senior housing shall incorporate accessibility standards that meet certification requirements for easy living or universal design and/or include all of the following minimum features:

1.

At least one step free entrance to the main floor at either the front or side of the structure; if only one is provided, it shall not be from a patio or raised deck.

2.

Main floor of each unit shall include a kitchen, entertaining area, and master bedroom with full bathroom.

3.

Every door on the main floor shall provide a minimum width of 34 inches of clear passage.

4.

Blocking shall be installed in the master bath around toilet, tub, and shower for placement or future placement of grab bars.

F.

Assisted living, nursing and continuing care facilities shall provide the following:

1.

Primary and secondary support services: Approval for assisted living, nursing or continuing care facilities shall not be granted without documentation of provisions for the following primary and secondary services:

a.

Primary services: on-site dining facility, 24-hour on-call medical services, on-site licensed practical nurse, on-call registered nurse, linen and housekeeping services, and transportation services.

b.

Secondary services: physical therapy, medication administration program, care technician services (clothes changing, bathing, etc.), on-site personal care (barber, beauty salon), fitness center, library.

c.

Access to outdoor seating and walking areas shall be provided as part of every assisted living, nursing or continuing care facility.

G.

A senior housing facility shall only be approved after consideration of the use permit criteria, found in article 7 of this chapter and after consideration of the following:

1.

Proximity and pedestrian access to retail services and public amenities.

2.

Transportation alternatives.

3.

Integration into existing neighborhoods through connectivity and site design.

4.

Diverse housing types.

5.

Site and building design that encourages social interaction.

6.

Building design that meets easy living standards.

H.

In addition, in consideration of the special land use permit or special administrative permit for a senior housing facility, the following criteria shall be evaluated based on the degree to which these elements provide transition from the proposed project to adjacent existing development:

1.

Building height.

2.

Landscaping.

3.

Maximum lot coverage.

4.

Setbacks from exterior property lines.

5.

Site size.

6.

Access to thoroughfare.

I.

Submittal requirements. The following documents and information are required for submittals for rezoning, special land use permits, land development permits and building permits associated with proposed senior living facilities:

1.

Survey and site plan (per established requirements in article 7 of this chapter).

2.

Landscape and tree plan.

3.

Number and location of residential units.

4.

Types of units.

5.

Amenities.

6.

Institutional/nonresidential services.

7.

Proximity to services such as health care, shopping, recreation, and transit.

8.

Other documents addressing the approval criteria in subsections G. and H. of this section.

(Ord. of 8-2-2017, § 1(4.2.46))

All service areas for nonresidential uses shall be established so as not to encroach into any yard requirement and shall be visually screened from adjacent residential properties.

(Ord. of 8-2-2017, § 1(4.2.47))

A.

No shelter for homeless or battered persons and no transitional housing facility shall be designed to exceed a capacity of 20 persons, unless accessory to a place of worship.

B.

Prior to issuance of any approvals for operation of a shelter for homeless or battered person or transitional housing facility, the applicant for such approval shall disclose, in writing, the capacity and floor plan of the facility.

C.

Such shelters shall comply with all applicable City of Stonecrest building, housing, and fire codes and shall fully comply with O.C.G.A. § § 30-3-1 et seq. before a certificate of occupancy can be issued. The loss of any state license or permit shall result in an automatic revocation of that city issued permit or license.

D.

There shall be no use on the property other than the shelter, unless accessory to place of worship.

E.

No new shelter or transitional housing facility shall be located within 1,000 feet of an existing shelter or transitional housing facility.

F.

Shelters for homeless or battered persons and transitional housing facilities may apply for an FHA Accommodation Variance as provided for in section 7.5.9 if the residents would constitute disabled persons under the FHA.

(Ord. of 8-2-2017, § 1(4.2.48))

A.

Permitted Districts.

a.

HR-1, HR-2, and HR-3

B.

Site Requirements. No other code shall prevail over this section.

a.

MHCs shall be on a minimum of two acres of land.

b.

The minimum building separation is ten feet.

c.

Minimum setback on all sides shall be 20 feet from property line.

d.

Minimum lot area shall be 2,000 square feet.

C.

Courtyard/Amenities Area.

a.

MHCs shall have a minimum of three of the following amenities:

1.

Gazebo;

2.

Swimming Pool;

3.

Tennis Court;

4.

Walking Trail;

5.

Club House;

6.

Pet-Friendly Amenities;

7.

Children Playground;

8.

Outdoor Recreational Area (basketball court, soccer field, football field, etc.); and/or

9.

Any other innovative shared social space.

b.

The courtyard cannot be parked or driven upon, except for emergency access and permitted temporary events.

c.

The courtyard shall be located outside of stormwater/detention ponds, wetlands, streams, and lakes, and cannot be located on slopes greater than ten percent.

D.

Interior Requirements.

a.

The living space per residential dwelling unit shall be a minimum of 400 square feet and a maximum of 800 square feet, excluding patios, porches, garages, and similar structures.

b.

A split-level micro home shall include a first floor living space of at least 150 square feet.

c.

A micro home shall have the following:

1.

Dedicated kitchen area with a sink, cooking appliance, refrigerator, and clear working space of not less than 30 linear inches.

2.

Separate bathroom with a toilet, lavatory, and shower or bathtub.

3.

A separate closet.

4.

At least one habitable room containing an openable window and a closet.

5.

Ceilings at least 6'8" tall

6.

Rooms not meant for sleeping are at least 70 square feet.

E.

General Requirements.

a.

All micro homes shall be designed, erected, and installed following applicable local, State, and Federal codes, regulations, and standards.

b.

Micro homes shall be placed on a permanent foundation and hooked up to an approved sewage disposal system, potable water service and electrical service.

c.

All units must be within five feet of each common open space/ courtyard. Setbacks cannot be counted toward the open space calculation.

d.

Mandatory HOA (Homeowners Association) is required for maintenance of streets, drainage, and all common areas.

e.

All utilities must be installed underground.

f.

One and half (1.5) parking spaces per dwelling unit shall be provided. Parking location(s) shall be decided by the developer.

(Ord. No. 2024-02-05, § 1(Exh. A), 2-26-2024)

Community swimming pools and their customary accessory buildings and structures shall be set back at least 15 feet from all side and rear lot lines and be enclosed by a wall or fence, not less than four feet nor more than six feet in height. Setback is measured from the pool decking except where established elsewhere.

(Ord. of 8-2-2017, § 1(4.2.50))

See section 4.2.57, wireless telecommunications.

(Ord. of 8-2-2017, § 1(4.2.51))

Tennis courts on individual residential lots shall be located in rear yards and shall be set back at least 15 feet from all side and rear property lines and be enclosed by a fence or freestanding wall at least eight feet high. Lighting for the private tennis court shall not be permitted, except by a special administrative permit.

(Ord. of 8-2-2017, § 1(4.2.52))

A.

Transit shelters may be located within a street right-of-way with permission from the director of planning or within an established yard fronting a street, but may not be located so as to obstruct the sight distance triangle per article 5 of this chapter.

B.

A schematic plan of the transit shelter must be submitted and approved by the director of planning. The plan must include the following:

1.

The location of the proposed shelter relative to street, property lines, and established building yards;

2.

The size and design of the shelter, including front, side, and rear elevations, building materials, and any public convenience or safety features such as telephone, lighting, heating, or trash containers. Trash containers shall be provided for all transit shelters.

(Ord. of 8-2-2017, § 1(4.2.53))

The following provisions apply to truck stops whether designed as a primary use or accessory use as part of an industrial development:

A.

Truck stops shall be permitted only on parcels of ten acres or more.

B.

Entrance drives for truck stop facilities shall not be closer than 300 feet from any point of an interstate highway interchange.

C.

Truck stops shall meet all state and federal environmental guidelines and requirements.

(Ord. of 8-2-2017, § 1(4.2.54))

A.

If an urban garden or community garden is greater than five acres, a special administrative permit is required. The permit shall expire 24 months from issuance, and such use shall thereafter only operate upon issuance of a new permit in the manner prescribed herein.

B.

The following items shall be submitted with the special administrative permit application:

1.

Name and current address of the applicant.

2.

Address of the garden.

3.

Proof of ownership or leasehold interest (for the duration of the special administrative permit) of the lot on which the garden is located; or a notarized letter signed by the property owners, or authorized property manager or agent, consenting to the placement of a garden on the lot.

4.

A site plan showing:

a.

Property lines, street curbs, street names, and adjacent sidewalks as applicable.

b.

Plan layout and dimensions showing plot layout, structures and compost areas.

c.

Source of water, including any rain barrel locations.

5.

Permit fee.

6.

Other documents or information reasonably deemed necessary to determine the compatibility of the use identified in the permit application.

C.

Sales of produce from the community garden site is allowed with the approval of a special administrative permit for temporary outdoor seasonal activities, provided the following regulations are met and documentation, where required, is provided with the application:

1.

Sales hours. Garden sales and pickups may occur between 7:00 a.m. and 9:00 p.m. Set-up of sales operations shall begin no earlier than 6:00 a.m., and take-down and clean-up shall end no later than 10:00 p.m.

2.

Management. An individual shall be present on-site during all sales hours to direct the vending operations.

D.

The following requirements apply for all urban or community gardens, of any acreage. Gardens accessory to a residence are excluded from these standards.

1.

Garden operating rules and regulations. A set of operating rules shall be established to address the governance structure of the garden, hours of operation, maintenance, and security.

2.

Fencing. All fences shall comply with all applicable sections in the Code pertaining to the relevant zoning district in which the garden is located.

3.

Synthetic fertilizers, pesticides, and herbicides. Gardens may submit documentation of organic methods. Alternatively, the garden shall be designed and maintained so that synthetic fertilizers, pesticides, and herbicides will not harm any adjacent property.

4.

Waste removal. The garden shall recycle and remove waste in accordance with all applicable sections of the Code.

5.

Parking requirements. The garden shall provide a minimum of one parking space per one-half acre of property on which the community garden is located during the hours of operation. The parking requirement may be met by providing either on-site parking or off-site parking within 500 feet of the property line of the property on which the community garden is located.

6.

Permitted structures. The following structures are permitted in association with an urban or community garden:

a.

Greenhouses, hoop houses, cold-frames and similar structures used to extend the growing season.

b.

Storage buildings limited to tool sheds, shade pavilions, barns, restroom facilities with composting toilets, and planting preparation houses.

c.

Benches, bike racks, raised and accessible beds, compost bins, picnic tables, seasonal farm stands, fences, garden art, rain barrel systems, chicken coops, beehives and children's area.

7.

Use of machinery. Use of machinery and equipment is allowed, but use of machinery is limited to the hours of 8:00 a.m. to 8:00 p.m. When not in use, all such machinery and equipment (with the exception of machinery and equipment that is:

(i)

Intended for ordinary household use;

(ii)

Borrowed or rented for a period not to exceed seven days; or

(iii)

Located in an urban garden in Light Industrial District or Heavy Industrial District);

shall be stored so as not to be visible from any public street, sidewalk, or right-of-way.

8.

Buildings. Buildings shall be set back a minimum of ten feet from property lines.

9.

A minimum of 20 feet of lot frontage along a public right-of-way, or an access easement not less than ten feet wide to provide vehicular access in case of an emergency is required.

10.

Driveways and parking may be surfaced with pervious material, including gravel.

11.

The site should be designed and maintained so that water does not cause erosion or allow sedimentation on adjacent property.

12.

No fencing shall exceed six feet in height. Fencing along the front shall not exceed four feet.

13.

Compost and waste collection bins must be located in the rear yard (if a building exists) and be placed at least ten feet from any property line.

14.

One sign located on a community garden site is permitted, provided that it shall not exceed six square feet of sign area, excluding the base, and shall not exceed four feet in height. Garden signs shall not be illuminated. Internally located directional, instructional, educational and labeling signs are allowed without a permit.

15.

Hours of operation (other than sales) shall be allowed from dawn until dusk. No lighting is allowed.

16.

Community gardens must comply with supplemental regulations regarding livestock, bee keeping, and temporary, seasonal sales or events, as applicable.

(Ord. of 8-2-2017, § 1(4.2.55))

Any utility structure necessary for the transmission or distribution of service, whether an authorized use or a permitted use, shall provide security fencing and landscaping to lessen the visual impact of such structures on adjoining property. Noise resulting from temporary construction activity pursuant to a valid development or building permit, that is not a part of the usual and ongoing operation of the use on the site, that occurs between 7:00 a.m. and 7:00 p.m. shall be exempt from the requirements of this section. Such structures shall be located only within the buildable area of any lot where permitted or authorized by zoning and shall meet all requirements of the district in which such structure is located.

(Ord. of 8-2-2017, § 1(4.2.56))

A.

Purpose and goals. The purpose of this section is to ensure that residents, public safety operations, and businesses in City of Stonecrest have reliable access to wireless telecommunications networks and state of the art communication services while also ensuring that this objective is achieved in a manner consistent with City of Stonecrest's planning and zoning standards, to maintain to the extent possible the aesthetic integrity of the community, and in accordance with applicable state law and with federal law, regulations, and guidance, including the Telecommunication Act of 1996, which preserved, with certain limitations, local government land use and zoning authority concerning the placement, construction, and modification of wireless telecommunication facilities. The goals of this section are:

1.

To ensure City of Stonecrest has sufficient wireless infrastructure to support its public safety communications throughout the city;

2.

To provide access to reliable wireless telecommunication services by residents, businesses, and visitors throughout all areas of the city;

3.

To minimize the total number of support structures within the city by promoting and encouraging the joint use of new and existing wireless support structures among wireless service providers;

4.

To encourage the location of wireless support structures, to the extent possible, in areas where adverse impacts on the community will be minimized;

5.

To encourage the design and construction of towers and antennas to minimize adverse visual impacts;

6.

To avoid potential damage to property caused by wireless communications facilities by ensuring that such structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or when determined to be structurally unsound;

7.

To preserve those areas of scenic or historic significance;

8.

To facilitate implementation of an existing tower map for City of Stonecrest;

9.

To promote and encourage the joint use of new and existing tower sites among service providers;

10.

To enhance the ability of the providers of wireless communications services to deliver such services to the community effectively and efficiently;

11.

To be consistent with all overlay districts within the city, to the extent practicable and so as to not to conflict with this section.

B.