This article sets out the standards that control the size of lots, the placement of buildings and structures on a lot, and the bulk and intensity of development on a lot.

(Ord. No. 0-00-106, § 2, 12-4-2000)

Every property upon which a principal building or use may be located shall meet or exceed the following requirements for the zoning district in which the lot is situated:

² A church or other place of worship, where permitted by right or as a special use, must occupy a site having at least three acres and a minimum frontage and lot width of 200 feet. ;hg1;;sz=10q; ;sup;3;\sup; See also the provisions for manufactured homes under article III, restrictions on particular uses, of this zoning ordinance. ;hg1;;sz=10q; ;sup;4;\sup; Requirements shown are for the overall development project. See also "townhouse developments; special provisions" in this article for a townhouse development. ;hg1;;sz=10q; ;sup;5;\sup; 40 feet for lots fronting on a cul-de-sac or circle. (R-1: 75 feet for lots fronting on a cul-de-sac). ;hg1;;sz=10q; ;sup;6;\sup; Frontage on a major thoroughfare required. ;hg1;;sz=10q; ;sup;7;\sup; Sewered lots may be reduced to 14,500 square feet. ;hg1;;sz=10q; ;sup;8;\sup; Approval by downtown development authority required. ;hg1;;sz=10q; **As established as part of the zoning approval for each design concept development.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

Principal buildings. Minimum setbacks for principal buildings shall be as follows:

(1)

All principal buildings on a lot shall be set back from the street and from the side and rear lot lines bounding the lot no less than the distances shown as follows:

⁸ As measured at a right angle from the right-of-way line along the full length of the property frontage.

⁹ See also the buffer requirements under Landscaping, Buffers and "tree conservation" article of appendix B: Development Regulations.

¹⁰ Requirements shown are for the overall development project. See also "Townhouse developments; special provisions" in this article for a townhouse development.

¹¹ The setback also applies to all other structures, including service areas and access drives.

**As established as part of the zoning approval for each design concept development.

_____

(2)

The front yard requirements of this zoning ordinance for dwellings shall not apply to any lot where the average existing building setback line in a substantially developed area on lots located wholly or in part within 100 feet on each side of such lot, within the same block and zoning district, and fronting on the same side of the street or road as such lot, is less than the minimum setback required. In such cases, the setback on such lots may be less than the required setback, but not less than the average of the existing setbacks on the aforementioned lots, and in no case less than 20 feet from the street or road right-of-way.

(b)

Accessory buildings and structures.

(1)

Accessory buildings. Minimum setbacks for accessory buildings shall be as follows:

a.

Guesthouse. Guesthouses must be located to the rear of the main home on the lot and must meet the same setbacks as required for principal buildings in each zoning district.

b.

Night watchman residence. Night watchman residences shall conform to the minimum setback requirements for principal buildings in each zoning district.

c.

All other accessory buildings.

1.

Accessory buildings located in any residential district may not be located within any front yard (i.e., between a principal building and a street).

2.

Accessory buildings having a floor area less than 144 square feet must be at least five feet from any property line.

3.

Accessory buildings having a floor of 144 square feet or more must comply with the same setbacks as required for principal buildings in each zoning district.

(2)

Accessory structures. Minimum setbacks for accessory structures, excluding buildings, shall be as follows:

a.

Fences and freestanding walls. There shall be no minimum setback for fences or freestanding wall, provided that any fence or freestanding wall shall not obstruct visibility at street intersections (see the sight triangle provisions under the "project design standards" article of appendix B: Development Regulations).

b.

Gasoline pumps. Pumps that dispense gasoline, kerosene, propane, natural gas or diesel fuels must be located at least 25 feet from any property line or public right-of-way line.

c.

Canopies.

1.

Canopies shall conform to the minimum building setback requirements for principal buildings in each zoning district, except that a canopy or overhang over gasoline pumps may be located no less than 25 feet from any property line or public right-of-way line.

d.

All other accessory structures.

1.

Accessory structures located in any residential district may not be located within any front yard.

2.

Accessory structures not listed above must be at least 25 feet from any street right-of-way and at least five feet from any other property line (except driveways that connect to a street or adjoining property).

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

Multifamily developments. When more than one multifamily dwelling is located on a lot, the open space between buildings measured at the closest point shall not be less than 20 feet for one-story buildings and 30 feet when one or both are two-story buildings.

(b)

Shopping centers and office developments. When more than one principal building is located on a lot in the CSC shopping center district or the O-I office-institutional district, the open space between buildings measured at the closest point shall not be less than 20 feet.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

Gross floor area in CN neighborhood commercial district.

(1)

The gross floor area occupied by a single business establishment in the CN neighborhood commercial district may not exceed 5,000 square feet, nor may a multitenant commercial building exceed 25,000 square feet.

(2)

For the purpose of this subsection, a business that contains other businesses within it occupying the same space, such as a grocery store with a branch bank or fast food restaurant inside, shall be considered a single business establishment.

(b)

Minimum floor area in CSC shopping center district. The minimum floor area for any development project in the CSC shopping center district is 100,000 square feet.

(c)

Maximum dwelling unit bedrooms in CBDcentral business district. Mixed-use dwellings allowed in the CBD central business district are not to contain more than two bedrooms in each dwelling unit.

(d)

Minimum floor area within a dwelling. Unless otherwise provided in this zoning ordinance, no dwelling shall contain less than the minimum square footage of building floor area (i.e., heated living space) as set forth below:

(1)

Single-family detached dwelling. Each single-family detached dwelling shall have at least 1,250 square feet of building floor area.

(2)

All other dwellings.

a.

Each efficiency or one-bedroom dwelling unit shall have at least 750 square feet of building floor area.

b.

Each two-bedroom dwelling unit shall have at least 980 square feet of building floor area.

c.

Each dwelling unit containing three bedrooms or more shall have at least 1,250 square feet of building floor area.

(e)

Minimum residential floor area per person.

(1)

No dwelling containing 2,000 square feet of building floor area or less shall house more than seven people.

(2)

Dwellings containing more than 2,000 square feet of building floor area may house one additional occupant over seven for each 500 additional square feet.

(3)

In no case shall a single-family detached dwelling house more than 12 residents.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Townhouse condominium project is a development of single-family attached dwellings that share a common, unsubdivided property while each dwelling unit is sold separately. Such developments must also meet all requirements of the state Condominium Act.

Townhouse subdivision is a development of single-family attached dwellings in which each dwelling unit is located on a separate lot.

(b)

Townhouse subdivisions, exceptions. Townhouse subdivisions may comply with the following minimum requirements in lieu of the requirements shown in the tables in sections 38-657 and 38-658(a)(1), as long as the overall development meets the zoning district requirements as a whole:

(1)

Number of dwelling units attached in a row: At least two but no more than ten.

(2)

Staggered front facades: The dwelling units in a building shall be staggered, singly or in pairs, by at least two feet.

(3)

Minimum lot width: The average width for the units in a single building shall be at least 20 feet, with no lot being less than 18 feet wide.

(4)

Minimum lot area per dwelling unit:

a.

The average lot area for the units in a single building shall be at least 2,400 square feet, with no unit having less than 2,000 square feet of lot area.

b.

The subdivision as a whole must provide a total area equal to or greater than the minimum lot area required in the table in section 38-657 for the zoning district, and may not exceed the maximum density for the zoning district.

(5)

Minimum principal building setbacks: None between attached units, between buildings a minimum of a ten-foot building separation, and interior lot lines. Interior streets require a 20-foot setback minimum. On the periphery of the subdivision, buildings must meet the minimum setback requirements shown in the table in section 38-658(a)(1) for the zoning district.

(c)

Townhouse condominium projects; exceptions. Townhouse condominium projects must comply with the following minimum requirements in addition to the requirements shown in the tables in sections 38-657 and 38-658(a)(1), which apply to the overall development as a whole:

(1)

Number of dwelling units attached in a row: At least two but no more than ten.

(2)

Staggered front facades: The dwelling units in a building shall be staggered, singly or in pairs, by at least two feet.

(3)

Minimum principal building setbacks: None between attached units. In the periphery of the development project, buildings must meet the minimum setback requirements shown in the table in section 38-658(a)(1) for the zoning district.

(d)

Access to rear required. Townhouse developments shall be designed to provide proper access to the rear of all dwelling units for firefighting purposes.

(Ord. No. 0-00-106, § 2, 12-4-2000)

Lot coverage in the O-I office-institutional district must not exceed 80 percent, with at least 20 percent of the lot area maintained as open area. Not less than 50 percent of the minimum required open area shall be located between the building and the public streets. No parking or other similar uses shall be permitted therein. On lots with multiple street frontage, the 50 percent area shall be evenly distributed along all street frontages.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

Measuring buildings and structures. Building and structure heights will be measured as described in subsections (a)(1) and (2) of this section.

(1)

Building height. The vertical distance measured to the eaves or top of a parapet of a building from the average finished grade across those sides of a building that face a street.

(2)

Structure height. The vertical distance to the highest point of a structure, other than a building, as measured from the average grade at the base of the structure or from the average grade directly below a projecting structure.

(b)

Maximum building and structure heights. The maximum height of all buildings and structures in each zoning district, except as otherwise provided in section 38-664, shall be as shown in subsection (c) of this section.

(c)

Maximum structure heights.

(Ord. No. 0-00-106, § 2, 12-4-2000)

(a)

Exemptions. The following structures are exempt from the height limitations imposed by this section, provided that no structure may exceed 200 feet in height from the average finished grade at its base:

(1)

Cooling towers, gasholders, or other industrial structures where required as part of the manufacturing process.

(2)

Church spires, belfries, cupolas and domes not intended for human occupancy; monuments, water towers, observation towers, citizens band and ham radio antennae, utility substations, chimneys, smoke stakes, conveyors, flagpoles, and personal AM/FM radio and TV reception antennae.

(b)

Transmission towers. Maximum heights of transmission towers and antennae, such as commercial radio and television broadcast towers and cellular telephone or other telecommunication towers, are controlled under "transmission towers" in article III, restrictions on particular uses, of this zoning ordinance.

(c)

Height limitations for fences and freestanding walls.

(1)

In the commercial, office-distribution and industrial zoning districts, no fence or freestanding wall may exceed eight feet in height, with no more than an additional two feet of security wire.

(2)

In the R-6 townhouse and multifamily and O-I office institutional districts, no fence or freestanding wall may exceed eight feet in height.

(3)

In the R-2 single-family detached and attached zoning districts, the following shall apply:

a.

A fence or freestanding wall in any front yard area may not exceed four and one-half feet in height.

b.

A fence or freestanding wall in any side or rear yard area may not exceed eight feet in height.

(Ord. No. 0-00-106, § 2, 12-4-2000)

Structures near the Fulton County/Brown Field Airport or any approved aircraft landing strip or helicopter landing area, that would be located under the landing or takeoff take-off corridors or under any of the control surfaces established by FAA around the airport, the landing strip or helicopter landing area shall comply with all height restrictions of the FAA and obtain approval from the FAA prior to permitting by the city.

(Ord. No. 0-00-106, § 2, 12-4-2000; Ord. No. 0-01-70, § 1 9-17-2001; Ord. No. 0-02-02, § 1(exh. A), 1-22-2002)