- USE DISTRICTS AND REGULATIONS
The following provisions apply to each of the zoning districts. In addition, requirements are contained within the District Development Standards and in other articles that apply to some or all of the zoning districts.
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)
A permitted use is allowed within a zoning district by this Ordinance and subject to the restrictions applicable to that zoning district. If a use is not permitted within a zoning district by this Ordinance and is not eligible for consideration under a conditional use permit, that use shall be considered a prohibited use. If the Zoning Administrator determines, in their sole discretion, that a use cannot be equated to a similar permitted or conditional use, then that use shall be considered a prohibited use. Decisions made by the Zoning Administrator may be appealed in accordance with the procedures outlined in Section 10.162.
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)
A conditional use permit (CUP) may be applied for a use that generally would not be appropriate throughout a zoning district but which, if controlled as to the visual appearance, number, area, height, location, or relation to abutting or nearby uses, would not be injurious to the public, health, safety, appearance or general welfare. A CUP may be applied for only in zoning districts and for uses identified by this Ordinance and are subject to conditions, which may be imposed by the Mayor and City Council, and final approval by the Mayor and City Council through a public hearing process.
Upon issuing a conditional use permit, City Council may choose to attach the conditional use permit to a tax parcel, individual commercial suite or unit, or corporate entity, with or without successors. A conditional use permit is nontransferable to another location.
See Article IX for Nonconforming Use Regulations for Conditional Uses.
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)
The Mayor and City Council may grant a conditional use permit for the uses enumerated in Section 7.505 of this article. The granting of a conditional use permit is conditional upon the site plan considered by the Mayor and City Council and are subject to the following process and review procedure:
1.
All applications for conditional use permits shall be advertised in the same manner as applications for rezoning and public hearings will be held thereon in the same manner as applications for public hearings are conducted.
2.
The Mayor and City Council may grant conditional use permits for limited periods of time based upon the criteria set forth in Section 7.503(3).
3.
In addition to district regulations, the Mayor and City Council shall consider, at a minimum, the following in its determination of whether or not to grant a conditional use permit, whether to limit the time such conditional use is allowed and whether to restrict the conditional use to a particular owner or party:
a.
Whether or not there will be a significant adverse effect on the surrounding area in which the proposed use will be located.
b.
Whether or not the use is otherwise compatible with the surrounding area.
c.
Whether or not the use proposed will result in a nuisance as defined under State law.
d.
Whether or not quiet enjoyment of surrounding property will be adversely affected.
e.
Whether or not property values of surrounding property will be adversely affected.
f.
Whether or not adequate provisions are made for parking and traffic considerations.
g.
Whether or not the site or intensity of the use is appropriate.
h.
Whether or not special or unique conditions created by the use are consistent with the purpose, intent and goals of the Comprehensive Town Plan.
i.
Whether or not adequate provisions are made regarding hours of operation.
j.
Whether or not adequate controls and limits are placed on commercial and business deliveries.
k.
Whether or not adequate landscape plans are incorporated to ensure appropriate transition between adjacent or nearby properties.
l.
Whether or not the public health, safety, welfare or moral concerns of the surrounding neighborhood will be adversely affected.
m.
Whether the application complies with any applicable specific requirements set forth in this chapter for conditional use permits for particular types of uses.
n.
Whether the applicant has provided sufficient information to allow a full consideration of all relevant factors.
o.
Whether the conditional use requested emits or creates unusual odors which would warrant use of an odor elimination/attenuation system as recommended by industry standards.
4.
In all applications for a conditional use permit the burden shall be on the applicant both to produce sufficient information to allow the Mayor and City Council fully to consider all relevant factors and to demonstrate that the proposal complies with all applicable requirements and is otherwise consistent with the policies reflected in the factors enumerated in this chapter for consideration by the City.
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)
The City has established the following zoning districts as part of the general zoning code. The Use/Zoning District Matrix in Section 7.505 applies to all uses within the following zoning districts:
1.
General Districts: General Commercial (GC), Neighborhood Commercial (NC), General Commercial—Vertical Mixed-Use (GC-VMU), Light Industrial (LI), Heavy Industrial (HI), Office Space Institutional (OSI), Single-family Detached Residential (R1, R2), Single-family Detached and Attached Residential (R3), Single-family Detached Residential. Multifamily Residential (R5), Rural District (RD).
2.
Downtown District: Central Business District (DT-CBD), Commercial Mixed-Use (DT-CMU), General Commercial (DT-GC), Residential Office (DT-RO), Medium Density Residential (DT-MRA, DT-MRB), Low Density Residential (DT-LR), Very Low Density Residential (DT-VLR), Open Space (DT-OS).
3.
Senior Living District: Single-family Detached Residential (SL-A), Single-family Attached Residential (SL-B), Multi-family Residential (SL-C).
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019; Ord. No. 7205-2021, § 1(Exh. A), 6-14-2021)
The following Use/Zoning District Matrix identifies the uses which are permitted in each zoning district and uses which are eligible for a conditional use permit. Permitted uses are marked with a "P" and uses eligible for consideration under the issuance of a conditional use permit are marked with a "C".
Additional development regulations or standards may further restrict uses marked with a "*" and a corresponding number. Refer to Section 7.506 for notes regarding these regulations.
Uses in which additional development regulations or regulatory permits are required are marked with a "R". Refer to Section 7.506 for these definitions or regulations. Further, additional development regulations may be required in the District Development Standards for the zoning district that the property is located in.
CITY OF WOODSTOCK USES/ZONING DISTRICT MATRIX
P = Permitted; C = Conditional Use Permit (see 7.502, 7.503); (R) = Additional regulations or regulatory permit required (see 7.506); PVC* = Additional regulations or standards (see 7.506)
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019; Ord. No. 6194-2020, § 1(Exh. A), 1-13-2020; Ord. No. 7021-2021, §§ 2, 3, 3-22-2021; Ord. No. 7175-2021, § 2, 5-24-2021; Ord. No. 7205-2021, § 1(Exh. A), 6-14-2021; Ord. No. 001-2022, §§ 1, 2, 11-14-2022; Ord. No. 8322-2022, § 3, 12-12-2022; Ord. No. 990-2024, § 4, 6-10-2024)
Where a use is conditional or permitted in Section 7.505, but is marked by a "*" and corresponding number, there are additional development regulations required as noted below:
1.
P*1—Uses marked by this designation are limited to a maximum floor area of eight thousand (8,000) square feet. Bar/tavern uses shall be prohibited in any zoning classification with the Historic Overlay (HO) applied to it. No outdoor storage or sales is permitted.
2.
P*2—Except within the Ridgewalk Overlay, uses marked by this designation are limited to a maximum floor area of eight thousand (8,000) square feet and shall have no outdoor storage or sales areas associated with the use. For the Ridgewalk Overlay, see Section 7.808.
3.
P*3—Uses marked by this designation shall have no drive-thru facility.
4.
P*4—Uses marked by this designation shall have no drive-thru facility visible from any public street.
5.
P*5—Uses marked are limited to a maximum floor area of fifteen thousand (15,000) square feet. Any such use in excess of fifteen thousand (15,000) square feet shall have the ability to receive a conditional use permit for the use in an existing building.
6.
P*6—Uses permitted by right by this designation are required to be located on a floor of a building which is not directly adjacent to a publicly accessible street (i.e., these uses may be allowed on upper floors of a building or in the basement of a building which fronts onto an alleyway). In the DT-CBD category, this restriction is limited to those buildings which front directly on Main Street between Noonday/Fowler Street and Kyle Street, East Main Street, Chambers Street, Arnold Mill Road and Fowler Street. Uses marked by this designation shall be available on a floor of a building directly adjacent to a publicly accessible street through the issuance of a conditional use permit.
7.
P/C*7—Outside the Downtown District, Residential Single-Family Detached shall be permitted by right within the R3-A district only. Residential—Single-Family Attached shall be permitted within the R3-B (duplex) and R3-C (townhome) districts only.
8.
P/C*8-Uses permitted by this designation shall not front or provide direct access to an A Street where nonresidential frontage is required according to the A Street design requirements, except within DT-HO, and shall not front on or provide direct access to a C Street (see Street Types Table in the Downtown District Standards). Permitted residential uses are allowed on upper floors or in basements of a building fronting any street type.
a.
For DT-CBD and DT-CMU, the base density of twelve (12) DU/ac (Dwelling Units per Acre) can be increased up to forty (40) DU/ac maximum, using any combination of the following bonus incentive procedures:
i.
Vertical mixed-use structure—Twenty (20) percent DU/ac increase.
ii.
Provision of open space above the twenty (20) percent minimum requirement—One (1) percent DU/ac increase per one thousand (1,000) square feet of open space up to twenty thousand (20,000) square feet maximum or twenty (20) percent DU/ac increase maximum.
iii.
Structured parking with parking spaces available to the public at no charge—One (1) percent DU/ac increase per one (1) parking space.
iv.
Professional office space—Ten (10) percent DU/ac increase per ten thousand (10,000) square feet of professional office space.
v.
Mayor and City Council reserve the right to increase density above forty (40) DU/ac on a case by case basis, depending on the compatibility of the project with adopted plans, considering the following elements: economic impact, regional significance, amenities provided to the community, and public infrastructure improvements.
vi.
Once site plans are submitted to the Community Development Department utilizing any one (1) of the above bonus incentives, the Community Development Director will brief the Mayor and City Council, reviewing the project plan at the next available City Council Meeting.
b.
Residential, Single-Family Attached is a Conditional Use in all districts where it is permitted. The following criteria shall be used for evaluating Conditional Use Permit proposals for Attached product, in addition to the criteria listed in Section 7.503, Conditional Use Permit Review Criteria:
i.
Whether or not the proposed location and site is appropriate for a townhome product, and whether the property could have a higher and better use.
ii.
Whether or not the proposal includes a mix of housing types and/or price points.
iii.
Whether commercially zoned property is proposed to be converted to a primarily residential use.
iv.
Whether the proposal includes innovative or unique design.
v.
Whether the proposal includes the construction of street connections and/or Greenprints Trail connections.
9.
P/C*9—The following uses: Sexually oriented businesses, spa establishment, bodywork therapy, massage therapist, massage therapy establishment, pawn shop/dealer in precious metals and gems, tattoo parlor/body piercing, have additional regulations and/or regulatory fees governed by the Code of Woodstock.
10.
P*10—Hotels shall include the following requirements:
a.
Hotels shall be required to provide main access to all guest rooms through a lobby of at least one thousand (1,000) square feet. Each guest room shall be accessed through an interior hallway and shall not have direct access to the exterior of the building unless it is required by fire safety regulations.
b.
Each hotel shall be required to provide staff or management on duty twenty-four (24) hours per day.
c.
Continental style dining for the guests of the facility is allowed in or near the lobby without providing additional parking.
d.
At a minimum provisions for weekly cleaning for each guest room shall be provided.
e.
Outside storage or long-term parking of heavy, construction or related equipment shall be prohibited.
f.
No facility permitted as a hotel shall be converted or used primarily as an apartment or condominium.
g.
No business license shall be issued for any business operating from a guest room within a hotel.
h.
This use excludes extended stay hotel or motels, which are advertised, designed, or utilized for weekly or monthly operation, unless approved by City Council with a conditional use permit (C).
11.
P*11—Limited Accessory Use-Commercial shall include retail bakery, barber shop, beauty salon, cafeteria/dining facility, dry cleaning—drop off, pick up only, grocery with general merchandise, pharmacy, shoe repair, tailor.
12.
P*12—Manufacturing Facility-Limited shall be limited to establishments that do not emit noise in excess of the City's noise restrictions for commercial users, odor, dust, vibration or fumes beyond the building enclosure, where all process, fabricating, assembly or disassembly of items takes place wholly within an enclosed building.
13.
P*13—Office-Contractor shall be limited to office space only. No storage of materials, vehicles and/or equipment shall be permitted in categories not allowing storage-warehouse.
14.
P*14—Parking-Commercial shall be required to be a parking structure in any of the permitted downtown districts.
15.
P*15—Consumer Fireworks Retail Stands-Temporary shall include the following requirements:
a.
License Required. A license shall be required in accordance with Chapter 22 of the Code of the City of Woodstock.
b.
Permit Required. A permit shall be required prior to the establishment of a Consumer Fireworks Retail Stands-Temporary Use ("stand"). Said permit shall be posted on the site during the operation. Upon expiration of the permit, the use shall cease.
c.
Permit Term. The permit is valid for no more than forty-five (45) days, no more than two (2) times in a twelve (12) month period. The permit shall specify the first and last day of the permit term, beginning at 12:01 a.m. on the first day and expiring at 11:59 p.m. on the last day specified by the permit.
d.
Permission Required. The applicant shall provide a notarized written permission statement from the property owner or lease holder of the subject site. A twenty-four (24) hour contact number of the property owner or lease holder shall be provided along with the permit application.
e.
Location. Only one (1) permit shall be issued per tax parcel stands shall be located within one thousand (1,000) feet of a fire hydrant, unless the Fire Chief or designee of the Woodstock Fire Department in writing authorizes operation in excess of one thousand (1,000) feet. Stands shall maintain a minimum twenty-five (25) foot setback from the right-of-way and not be located within required landscaping or buffer. Stands shall also maintain a minimum setback of ten (10) feet from any driveway and shall not be located within three hundred (300) feet of nursing homes, hospitals, day care facilities, schools, or residential districts.
f.
Distance. Shall not be located within one thousand five hundred (1,500) feet of another Consumer Fireworks Retail Sales Stand—Temporary or Consumer Fireworks Retail Sales Facility-Permanent, measured by the shortest distance between property lines.
g.
Parking. A minimum of six (6) parking spaces shall be provided adjacent to the stand for the exclusive use of the operation.
h.
Hours. The hours of operation shall be limited to the hours of 8:00 a.m. to 9:00 p.m.
i.
Signage. Shall be limited to the requirements set forth under Chapter XX.
j.
Mobile Stand. It shall be unlawful to sell consumer fireworks from any motor vehicle or from a trailer towed by a motor vehicle.
16.
P*16—Innovator Space. In the interest of economic development and to remain as competitive as possible, the innovator space use is hereby established. Once a proposed use is classified as innovator space by the Zoning Administrator, it may proceed under these provisions, adhering to the following requirements:
a.
The maximum floor area in a building used for innovator space shall not exceed ten thousand (10,000) square feet in DT-GC, DT-CMU, and GC in the Ridgewalk Overlay District, or four thousand (4,000) square feet in DT-CBD, DT-RO, and NC in the Ridgewalk Overlay District.
b.
An area of the building equal to a minimum of twenty (20) percent of the total square footage of the innovator space shall be dedicated to the retail sale of product made on premises, merchandise associated with the products and/or education about the processes utilized in the space.
c.
Activities related to innovator space shall take place within an enclosed building and outdoor storage of materials, inventory, equipment, commercial vehicles or equipment is prohibited.
d.
Activities related to innovator space shall not result in emissions of noise, smoke, fumes, heat, or odors that leave the innovator space.
e.
No more than one (1) delivery or pick-up per day by vehicles exceeding thirty (30) feet in length.
f.
Minimum parking requirement shall be one (1) space per employee plus one (1) space per three hundred (300) square feet of customer sales or showroom area, but not less than one (1) parking space per five hundred (500) square feet of gross floor area (GFA).
g.
In the event that a proposed innovator space project requires rezoning, conditional use permit, or a variance from the Code, the applicant may request expedited approval by the City Council. Expedited approval means the requirement of only one (1) public hearing before City Council and possibly a waiver of the public input meeting, as determined by the Community Development Department. All other public hearing requirements of the Land Development Ordinance shall remain.
h.
City Council may modify any of these requirements with a conditional use permit.
17.
P*17—Residential, Multi-Family, Rental uses shall not solely have access from D streets, unless there are a minimum of four (4) access points to B and/or D streets, each connecting to the existing transportation network outside the development and which are not dead end streets. Developments with more than thirty (30) units shall complete a sewer availability and capacity study, and shall submit a traffic study, at the time of site plan submittal.
18.
P*18—Residential, Multi-Family, Fee Simple uses (also known as condominiums or townhomes) shall not solely have access from D streets, unless the total number of residential, multi-family, fee simple uses accessed by such D streets does not exceed thirty (30) units. Developments with more than thirty (30) units shall complete a sewer availability and capacity study, and shall submit a traffic study, at the time of site plan submittal.
19.
P/C*19—Uses with this designation are exclusive to the Ridgewalk Overlay District. Uses identified with a "C" denotes that a conditional use permit (CUP) is required. Customary home occupations are permitted in residential units within the Ridgewalk Overlay District.
20.
C*20—Car wash shall include the following requirements:
a.
Distance. Must be more than one (1) mile away from another building being used as a car wash;
i.
Within twelve (12) months from the date an existing car wash ceases to operate, the distance requirement shall not apply. For more information on what qualifies as "ceases to operate", reference section 11.305, Conditional Use Permits and Nonconforming Conditional Uses—Discontinuance;
b.
Lighting. Must keep establishment relatively well-lit with adequate lighting in compliance with Chapter XIX—Outdoor Lighting standards;
c.
Loitering. Must install a sign with a statement that loitering as defined in O.C.G.A. § 16-11-36 or being on the premises for any purpose other than washing, waxing, vacuuming, polishing, detailing, or a combination thereof or for any purpose for which the operator/agent has given express permission is prohibited under state law and a warning that such activity is considered trespassing for which law enforcement agencies are authorized to enter onto the car wash premises and take appropriate action.
d.
Recycled Water.
i.
Newly constructed car wash, conveyer and car wash, in-bay automatic after the date of adoption must recycle at least fifty (50) percent of water as amended by GA R&R 391-3-31-.03;
ii.
Newly constructed car wash, hand wash and car wash, self-service after the date of adoption must use wash nozzles and a pump system that is high pressure, and flow at no greater than three (3) gallons per minute, as amended by GA R&R 391-3-31-.03.
e.
Signage.
i.
Must conspicuously display business hours, business license, and prices;
ii.
Must conspicuously display contact information for the owner, or a designated manager of the establishment.
21.
C*21—Build-to-rent is hereby established. It shall include the following requirements:
a.
Amenities. A11 build-to-rent neighborhoods must have a company which manages HOAs in various neighborhoods in the state of Georgia as its main business purpose (a "management company"), managing the homeowners' association. Any BTR development must dedicate at least five (5) percent of the gross land area for an amenity area, selecting at least one (1) of the following features:
i.
Amphitheatre, clubhouse, garden, park, playground, pool area, recreation facilities. (The amenity area proposed will be finalized as part of the conditional use permit approval process);
b.
Architecture. All build-to-rent neighborhoods may only use the following materials on the facades of units: Brick, cast stone, concrete siding—such as fiber cement sidingnatural wood, or stone;
c.
Detached. All newly constmcted build-to-rent residential units must be detached;
d.
Management. Build-to-rent neighborhoods must be commonly managed by a management company with an on-site and staffed office with standard business hours of at least 9:00 a.m. to 5:00 p.m., Monday through Friday;
e.
Utilities. Each residential unit within a build-to-rent neighborhood must have individual connections to utilities with individual service accounts, including but not limited to electricity, water/sewer, telephone, natural gas, and services for solid waste and recycling;
f.
Short term rental. Short term rentals, as described in Article IX, Short Term Rentals, of Chapter 22, Businesses, of the Code of Ordinances, will not be allowed within build-to-rent neighborhoods.
22.
P*22—Uses with this designation are limited to a maximum floor area of four thousand (4,000) square feet. Any such use in excess of four thousand (4,000) square feet, except for those uses in DT-CBD and DT-RO zoning districts, shall have the ability to apply for a conditional use permit.
23.
P/C*23—Residential uses are not allowed on the ground floor of buildings in the GC-VMU district.
24.
C*24—Retail stores defined under Chapter II of the Land Development Code of Woodstock, Georgia as "CBD and/or Tobacco Specialty Store" must satisfy the following requirements prior to the acceptance of a conditional use permit. Distances required for the issuance of a conditional use permit shall be measured in lineal feet by the most direct route of travel on the ground as detailed below.
a.
Proposed premises of the retail CBD and/or tobacco specialty store establishment is greater than one thousand (1,000) feet from a religious institution, greater than one thousand (1,000) feet from a day care center, greater than one thousand (1,000) feet from a school, and greater than three thousand (3,000) feet from another retail CBD and/or tobacco specialty store with an approved business license by the City of Woodstock,
Means of measurement further defined below:
i.
Church: Measured from the front door of the proposed premises to the front door of the church.
ii.
School: Measured from the front door of the proposed premises of a license to the nearest property line of the real property being used for school or educational purposes.
iii.
Day Care: Measured from the front door of the proposed premises of a license to the nearest property line of the real property being used for day care services.
iv.
Existing Store: Measured from the front door of the proposed premises to the front door of the existing store.
b.
A scale drawing from a registered surveyor identifying the location of the proposed premises and the distance to the nearest religious institution, school, day care center, and other business uses defined as a CBD and/or tobacco specialty store. Distance shall be measured in lineal feet by the most direct route of travel on the ground from premise to premise.
c.
City Council, in its sole discretion, may consider a variance to reduce distance requirements using the standards set forth in LDO Chapter XI—Zoning Policies and Procedures, in addition to the information provided in the application.
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019; Ord. No. 6134-2019, § 3, 12-9-2019; Ord. No. 6194-2020, §§ 2—5, 1-13-2020; Ord. No. 7021-2021, § 4, 3-22-2021; Ord. No. 7175-2021, § 3, 5-24-2021; Ord. No. 7205-2021, § 1(Exh. A), 6-14-2021; Ord. No. 8322-2022, § 4, 12-12-2022)
A.
Customary home occupations shall be permitted in any residential zoning district or residential dwelling, provided that the following performance standards are met:
1.
The occupation, profession or trade must tie carried out wholly within the principal building;
2.
Not more than thirty (30) percent of the floor area of the principal building can be used for the conduct of said home occupation;
3.
No merchandise or articles shall be displayed in such a way as to be visible from outside the structure;
4.
There shall be no alteration in the residential character of the building or premises;
5.
No person who is not a resident of the premises shall be employed, with the exceptions stated herein. For the purposes of this section, the following definitions shall apply:
a.
Employees: The occupation shall be conducted by members of the family who are living at the residence and maximum of one (1) additional employee.
b.
On-site Employee: A person employed by the home occupational license holder to perform the business-related duties on the same premises/residence for which the occupational license is issued;
c.
Off-site Employee: A person(s) may or may not be directly employed by the occupational license holder and does not perform duties on the same residence for which the occupational license is issued for.
6.
The home occupation shall not create disturbing or offensive noise, vibration, smoke, dust, odor, radio or television interference, voltage fluctuations or unhealthy or unsightly conditions; (Whether the disturbance is sufficient to invoke the prohibition of this section shall be determined by comparing the occupation caused disturbance to noises, smoke, odors, etc., that are commonly found in a residential neighborhood, such as children playing, yard maintenance tools, etc.);
7.
One (1) off-street parking space shall be provided for each one hundred fifty (150) square feet of floor area devoted to the home occupation;
8.
No mechanical equipment shall be installed or used except as is normally required for domestic purposes; (This shall allow for normal home office equipment, including but not limited to, fax machines, computers and other communications equipment.);
9.
Accessory home occupations may not serve as headquarters or dispatch centers where employees come to the site and are dispatched to other locations;
10.
Business or home occupation related group instruction, assembly, or activity shall be limited to five (5) persons at one (1) time only (day care excluded);
11.
All home occupations shall be subject to the periodic inspections by the Community Development Department or its designee;
12.
The Community Development Department must approve all businesses/occupational/home occupational licenses which shall be re-certified annually;
13.
Deliveries to the home occupation shall be made by passenger vehicles, mail carriers, or step vans (UPS, Federal Express, etc.) and must not restrict traffic circulations;
14.
Deliveries to the home occupation through tractor-trailers or vehicle with over six (6) wheels shall be prohibited; and
15.
No signs on the subject property advertising the permitted home occupation shall be allowed.
B.
Customary Home Occupation Use Standards. The following uses shall be permitted uses in a customary home occupation provided they meet the above performance standards:
1.
Instructional or tutoring services within an enclosed building, but limited to four (4) pupils at one (1) time.
2.
Office facility of a salesman, sales representative or manufacturer's representative provided that there is no manufacturing, production, or storage provided on the premises, but limited to one (1) on-site employee. Offsite employees will be limited to the equal number of off-street parking spaces provided but limited to five (5).
3.
Office facility of an architect, broker, engineer, land surveyor, lawyer, computer programmer, and similar or related professions, but limited to one (1) on-site employee. Offsite employees will be limited to the equal number of off-street parking spaces provided but limited to five (5).
4.
Real estate broker, broker, real estate agent, appraiser, insurance agent, mortgage broker, or similar or related professions, but limited to one (1) on-site employee. Offsite employees will be limited to the equal number of off-street parking spaces provided but limited to five (5).
5.
Arts and crafts, artistic studios, including painting, sculpture, composing, writing, and related crafts such as weaving, rug work, and lapidary.
6.
Office service, including work processing, bookkeeping, transcribing, data entry, and telephone answering services.
7.
Mail order wholesale or retail businesses provided there is no sale, shipment or delivery of merchandise on the premises.
8.
Contractors, electricians, landscaping business/contractors, plumbing, air-conditioning/HVAC repair business/contractors, painting, cleaning, chimney cleaning and other related businesses but not including outside storage of equipment materials or vehicles.
9.
Alterations and upholstery repair.
10.
Barber and beauty shops, provided that the following standards are met:
a.
The use is conducted by family members who live in the residence or only one (1) outside employee with only one (1) member residing in the property.
b.
The business shall consist of no more than one (1) beauty/barber chair, and no more than two (2) customers shall be permitted at one (1) time.
c.
Said business shall operate only between the hours of 8:00 a m. and 8:00 p.m.
d.
All local and State licenses as well as any necessary permits must be obtained prior to the business being opened.
e.
There shall be no external evidence that a business is in operation inside the residence.
f.
Customer parking must be available on the same side of the street as the residence or paved parking must be provided on the side or rear of the property. Parking on the front of the property is prohibited.
11.
Child day care center, provided the following standards are met:
a.
The child day care center must be located in a residential structure as a secondary use. The residential use of the structure must be the primary use of the structure.
b.
The owner of the structure must obtain the approval for the day care use of his residence from seventy-five (75) percent of the property owners within five hundred (500) feet from his property, including the abutting residents.
c.
The road giving access to the center must be of adequate capacity to handle the additional traffic and adequate off-street parking must be provided.
d.
If the proposed center is not on sewer, the applicant must obtain a letter from the County Sanitarian stating that the on-site septic tank system has the capacity to handle the proposed center.
e.
The applicant must have a letter of conditional approval from the Georgia Department of Human Resources.
12.
Other similar uses as approved by the Zoning Administrator.
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019; Ord. No. 7205-2021, § 1(Exh. A), 6-14-2021)
1.
Live/work units shall only be permitted in the residential zoning districts listed in Section 7.505 of the Land Development Ordinance, provided that the following performance standards are met.
a.
The live/work unit shall be the primary dwelling of the occupant;
b.
The residential and the commercial space must be occupied by the same tenant, and no portion of the live/work unit may be rented or sold separately;
c.
All business activities must be wholly contained within each unit;
d.
The outdoor storage and/or display of merchandise, sundries, and equipment is expressly prohibited. This requirement excludes vehicles and trailers within delineated parking spaces, not otherwise prohibited by restrictive covenants;
e.
The following limitations shall apply to all live/work units based on the most current International Building Code:
1.
The live/work unit shall not be greater than three thousand (3,000) square feet in area;
2.
The nonresidential area shall not be more than fifty (50) percent of the area of each live/work unit;
3.
The nonresidential area function shall be limited to the first or main floor only of the live/work unit;
4.
Not more than five (5) nonresidential workers or employees are allowed to occupy the nonresidential area at any one (1) time (IBC Reference: Sections 419.1—419.9);
5.
The commercial portion of the unit shall be ADA compliant (IBC Reference: Section 419.7);
6.
The live/work unit uses shall not create disturbing or offensive noise, vibration, smoke, dust, odor, radio or television interference, voltage fluctuations or unhealthy or unsightly conditions that would unreasonably interfere with residential uses.
2.
The following uses shall be permitted uses in a live/work units provided they meet the above performance standards:
a.
Bakery—Retail.
b.
Barber shop, beauty salon.
c.
Child/day care center.
d.
Customary home occupation.
e.
Florist—Retail.
f.
Instructional studios—Dance, gymnastics martial arts.
g.
Massage therapy.
h.
Office—Common business, medical, professional service.
i.
Office—Contractor (see Section 7.506 above).
j.
Restaurant—Small cafe, coffee shop, ice cream and yogurt shops.
k.
Retail store—Common merchandise.
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019; Ord. No. 7205-2021, § 1(Exh. A), 6-14-2021)
In the RR Railroad District, the only allowable uses are railroad infrastructure and signage, which signage is required by Federal, State or City law of regulation, utility infrastructure and easements and transportation infrastructure.
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)
Donation containers shall mean any attended or unattended container, receptacle, box, or similar device used for soliciting and collecting donations of any tangible personal property, money, or similar items for profit or charitable purposes. Vehicles, trailers, and similar conveyances, whether attended or unattended, are expressly prohibited for use as donation containers.
1.
Donations Generally. Donations of tangible personal property or money without the use of a donation container shall only occur at permanent structures or suites designated for such use. The use of vehicles, trailers, and similar conveyances, whether attended or unattended, to solicit donations of any kind is prohibited.
2.
Exemptions. Donation containers for the express purpose of collecting American flags for retirement are exempt from this section. Containers, receptacles, boxes, vehicles, trailers, and similar conveyances owned by Federal, State, or local government are exempt from this section.
3.
Permit Required, Implementation. No donation container shall be installed without first applying for and receiving a permit from the City as governed by this section. The fee for the donation container permit may be established by City Council from time to time with resolution. No donation container placed on or after September 1, 2016, may be out of compliance with this Ordinance. Any donation container existing in place prior to October 1, 2016, shall have a period of six (6) months to obtain a permit and come in to compliance with this Ordinance.
4.
Occupation Tax. Prior to the issuance of a donation container permit, the entity requesting the permit shall pay all occupation taxes due as provided by this Code with the issuance of a business license.
5.
Application. Prior to delivery and/or installation of any donation container, an application shall be filed with the Community Development Department identifying the size, color and location of each donation container, as well as any signage proposed on the exterior of the donation container. Each application must also be accompanied by a letter from the owner of the property authorizing installation of a donation container on their property.
6.
Zoning. Donation containers shall only be permitted on developed property within the GC, DT-GC, and DT-CMU zoning districts.
7.
Location. Donation containers shall be located so as not to interfere with traffic sight lines or on-site circulation. Donation containers shall be installed on a paved surface, but may not be located within a designated parking space, drive aisle, loading area, or within any established buffer. No donation container shall be permitted within the front setback of any parcel and shall only be permitted behind the front building line of the principal structure.
8.
Number and Size. No more than one (1) donation container shall be placed an any parcel of land. Donation containers shall not cover a ground surface area in excess of five (5) feet by five (5) feet, nor be more than six (6) feet in height.
9.
Contact Information. The following contact information shall be required to be displayed on each donation container: Name, address, and telephone number of the entity permitted to install the container along with a twenty-four (24) hour contact name, telephone number, and email address for the same entity.
10
Signage. No more than two (2) signs of no more than two (2) square feet each shall be permitted on each donation container.
11.
Cleanliness and Maintenance. The property owner and donation container owner shall be responsible for the maintenance, upkeep and servicing of permitted donation containers. Donation containers shall be maintained in good condition with no structural damage, holes, or visible rust. Donation containers shall be free of debris and shall be emptied regularly to prevent overflow of donations or accumulation of junk, debris, or other material.
12.
Renewal of Permit. The term of the permit shall expire annually on December 31st. Permits may be renewed by submitting a renewal application and associated fee to the Community Development Department. No person to whom a permit has been issued shall transfer, assign, or convey such permit to another person.
13.
Removal. Donation containers shall be removed upon permit expiration or when the property becomes vacant.
14.
Revocation of Permit. Any permit granted pursuant to the provisions of this section may be subject to revocation for cause by the Director of Community Development or designee, including but not limited to, the failure to comply with this section or any other applicable provisions of this Code.
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019; Ord. No. 7205-2021, § 1(Exh. A), 6-14-2021)
Off-street automobile parking shall be provided in accordance with all applicable provisions of this article.
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)
A parking plan for all but single-family residential uses shall be submitted to the City with the building plans or with the occupation tax license in case of a change in use. The City shall review the proposed parking plan to ensure its conformance with all applicable provisions of this Ordinance.
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)
Except provisions for single-family residences, all parking facilities including entrances, exits and maneuvering areas, shall comply with the following provisions:
1.
Shall have access to a street or alley.
2
Shall be graded and paved, and curbed, including access drive(s).
3.
Shall have all spaces marked with paint lines, curb stone or other similar designations.
4.
Standard vehicle parking spaces shall not be less than nine (9) feet wide and eighteen (18) feet deep, exclusive of interior drives.
5.
Compact vehicle parking spaces may be provided up to twenty (20) percent of the total parking required. Compact vehicle parking shall be grouped together with no less than four (4) consecutive spaces in any one (1) location. The area(s) provided with compact vehicle parking shall be clearly identified by signage or other accepted marking. Compact vehicle spaces shall not be less than eight (8) feet wide and fifteen (15) feet deep, exclusive of interior drives.
6.
There shall be adequate interior drives to connect each space with a street. The following standards apply to interior drives:
a.
One-way drive shall be twenty (20) feet wide.
b.
Two-way drive with ninety (90) degree parking shall be twenty-four (24) feet wide.
c.
Two-way drive with sixty (60) degree parking shall be twenty-two (22) feet wide.
d.
Two-way drive with forty-five (45) degree parking shall be twenty (20) feet wide.
7.
Shall be drained so as to prevent damage to abutting properties or public streets.
8.
Shall be separated from sidewalks and streets in public rights-of-way by wheel bumpers and an adequate planted reserve strip.
9.
Parking areas established for permitted nonresidential uses shall be visually screened from adjacent residential uses. See Article VI, Buffers, of this Ordinance for details.
10.
The parking area including space and driveway arrangements shall conform to generally accepted geometric design-standards.
11.
Adequate lighting shall be provided if the facilities are to be used at night. Such lighting shall be arranged and installed so as not to reflect nor cause glare on abutting properties.
12.
Shall meet American Disabilities Act requirements for accessible parking facilities.
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)
For parking lot tree and landscape standards, refer to Chapter IX of the Land Development Ordinance.
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)
All parking facilities required space shall be provided on the same plot with the use it serves, except as provided herein:
1.
Where provision of the required parking spaces involves one (1) or more parcels or tracts of land that: Are not a part of the lot on which the principal use is located, the developer shall submit with his application for a permit, an instrument which subjects said parcels or tracts to parking uses for the principal use it serves. The developer shall pay the necessary fee and the Building Inspector shall have said instrument registered in the Office of the Clerk of the Superior Court.
2.
Where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments, the required spaces may be located and maintained at a distance not to exceed three hundred (300) feet from the nonresidential building served.
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)
Joint use of up to fifty (50) percent of the required spaces may be permitted for two (2) or more uses located in the same building, on the same parcel, or on adjacent parcels provided that the applicant or developer can demonstrate that the uses will not substantially overlap in hours of operation or in the demand of shared spaces. For shared parking on two (2) or more adjacent parcels, a written agreement shall be provided for review by the Community Development Department, and when approved, an easement shall be recorded in the deed records and cross referenced to the owner's deeds for each affected property. Additionally, shared spaces serving uses on more than one (1) parcel shall be clearly marked as such. If the easement is cancelled, expires or is otherwise voided, other parking shall be provided in accordance with this chapter. If the required parking is not provided for any use covered by the former agreement, such use shall be illegal. For requirements on shared parking in the Downtown District see Article VII.
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)
No parking area may be used for the sale, repair, dismantling, and servicing or long-term storage of any vehicle or equipment. No sales or the outdoor storage of items for sale shall be allowed within the parking areas required by the minimum standards within this Ordinance. Any outdoor storage of items for sale in areas abutting parking area as required under this Ordinance shall be separated and screened from view of the required public parking areas.
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)
1.
The number of parking spaces required for a particular use shall be as set forth in the table below.
2.
Each use has minimum parking space requirements. The maximum allowable number of parking spaces per use is ten (10) percent over the stated minimum number. Single-family detached and single-family attached have no maximum. Where the DPC determines neighborhoods have residences abutting or close to the street, little or no on street parking or lack adequate space for visitor parking, new single-family attached and single-family detached developments shall have a minimum of twenty-five one hundredths (0.25) guest parking spaces for each residential unit.
3.
In the event of exceeding the maximum allowable number, the parking spaces shall meet parking overage standards as set forth in Section 7.520, Standards for Parking Spaces Exceeding the Maximum.
4.
Uses marked with an asterisk (*) which do not have internal space on-site for loading and unloading require at least one (1) loading space in addition to the required parking spaces, to be designed as required by Section 7.521, Off-Street Loading Requirements.
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019; Ord. No. 7205-2021, § 1(Exh. A), 6-14-2021; Ord. No. 990-2024, § 5, 6-10-2024)
1.
The parking requirements in the chart do not limit other parking requirements contained in these regulations.
2.
The parking requirements in the chart do not limit special requirements, which may be imposed.
3.
Where fractional spaces result, the parking spaces required shall be constructed to be the next highest whole number.
4.
The parking space requirements for a use not specifically listed on the chart shall be the same as for a listed use of similar characteristics of parking demand generation.
5.
Where parking structures are utilized, only spaces on the top level of any exposed structure shall be counted towards parking requirements.
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)
The maximum number of parking spaces may be exceeded by designing the parking to some of the standards set forth herein. The intent of these standards is to enhance the attractiveness and sustainability of the public realm by mitigating the effects of overpaying. Each standard allows an extra percentage or number of parking spaces over the minimum number set forth in Section 7.518. More than one (1) standard can be used together, but in no case shall the number of spaces exceed two hundred (200) percent of the minimum number of spaces allowed. In situations where fractional spaces result, the parking spaces allowed shall be constructed to the next highest whole number, unless otherwise stated. Any standard employed shall be maintained by the property owner in perpetuity.
1.
Install an electric vehicle charging station. One (1) space over the minimum shall be permitted for each electric vehicle charging station installed. Parking spaces with charging stations shall be designated for electric vehicle parking only. This standard shall be used for no more than six (6) spaces.
2.
Construct extra spaces in permeable pavement. The plan shall include an underdrain with connection to the stormwater management facility if site plan review staff determines it is necessary. One (1) extra space allowed for each two (2) spaces constructed in permeable pavement (do not round up for fractional spaces).
3.
Design the parking lot with bioretention areas, stormwater planters, or other alternative stormwater management techniques that handle the runoff from the entire parking lot surface area for the first one-half (0.5) inch of rainfall during a storm event. The plan for this standard shall be reviewed and approved by the Development Process Committee. One hundred fifty (150) percent of the minimum number of spaces allowed.
4.
Use paving materials with a three (3) year aged solar reflectance (SR) value of at least twenty-eight one-hundredths (0.28). If three (3) year aged value information is not available, use materials with an initial SR of at least thirty-three one-hundredths (0.33) at installation. The paving material or coating must be maintained properly in perpetuity. One hundred twenty (120) percent of the minimum number of spaces allowed.
5.
Employ a rainwater harvesting and storage system. This method will only be allowed after approval of a plan for the system by the Development Process Committee. The system should be sized based on the size of the contributing drainage area, local rainfall patterns, and the projected demand for the harvested rainwater. The plan should outline a dedicated use for the harvested rainwater. One (1) parking space for each three hundred (300) square feet of area where rainwater is conveyed into the system. Extra spaces shall only be awarded for each full three hundred (300) square feet of area, with no fractional spaces being rounded up.
6.
Build a solar parking canopy over at least one-third (0.333) of the parking spaces. Placement of structure and parking lot screening shall be reviewed and approved by the Director of Community Development. Two hundred (200) percent of the minimum number of spaces allowed.
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)
Off-street loading shall be established in accordance with all applicable provisions of this section.
1.
Design Standards. One (1) or more off-street loading spaces shall be provided on the same or adjoining premises with the facility it serves, either inside or outside a building and shall:
a.
Have a minimum dimension of thirteen and one-half (13.5) feet by sixty (60) feet by fourteen and one-half (14.5) feet overhead clearance.
b.
Be drained to eliminate standing water and prevent damage to abutting property and/or public streets and alleys, and surfaced with erosion resistant material.
c.
Be located so as not to hinder the free movement of vehicles nor pedestrians over a street, sidewalk, or alley.
2.
Use of Area. Loading space(s) shall be maintained in a clean, orderly and dust-free condition at the expense of the owner or lessee and not be used for the sale, repair, dismantling nor servicing of any vehicles, equipment, and materials or supplies.
3.
Mixed-Uses in a Building. Where a building is used for more than one (1) use or for different uses, loading space may be shared among uses, as permitted by the Director of Community Development.
4.
Uses located in the Downtown District. Loading spaces for these uses in the Downtown District may not be required on a case-by-case basis, and a plan for shared or remote loading spaces may be accepted in lieu of providing loading space on-site, as determined by the Director of Community Development. Criteria used to evaluate whether loading spaces are needed follow:
a.
Availability of loading spaces that could be shared on adjacent properties.
b.
Volume of traffic on the primary access street.
c.
Whether user has control of the premises outside the footprint of the structure.
d.
Whether the applicant can establish proof that deliveries will occur from vehicles that could fit in a normally sized parking space.
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)
1.
General.
a.
Electric vehicle charging stations are permitted as accessory uses in all zoning designations in the City of Woodstock
b.
Any new private or publicly accessible electric vehicle charging station must obtain an electrical permit through the City of Woodstock before development.
2.
Equipment Requirements.
a.
Vehicle charging equipment compounds shall be designated and located so as to not impede pedestrian, bicycle, or wheelchair movement or create safety hazards on sidewalks.
b.
Wheel stops, bollards, curb and gutter, or similar device shall be installed in order to separate vehicles from EVSE.
c.
Digital screens installed on electric vehicle charging equipment shall be placed so as to not be visible from the public right-of-way.
d.
Installation of EVSE and EVSE infrastructure shall meet National Electrical Code Article 625 as of its current or amended version.
i.
The City of Woodstock shall receive manufacturer's specifications for all electric vehicle charging stations to ensure compliance with Article 625.
e.
When cords and connectors are not in use, retraction devices or locations for storage shall be located sufficiently above the pedestrian surface and the parking lot as to reduce conflicts with pedestrians and vehicle maneuvering. Cords, cables, and connector equipment shall not extend across the path of travel in any sidewalk or walkway.
f.
The City of Woodstock reserves the right to require screening and/or stealthing be provided to publicly accessible electric vehicle charging stations and related equipment.
3.
Electric Vehicle Charging Station Design Requirements.
a.
Publicly accessible electric vehicle charging stations shall contain information identifying voltage and amperage levels, the type of use, and relevant safety information.
b.
Publicly accessible electric vehicle charging stations shall contain information regarding any associated fees for use.
c.
EV signage is limited to a maximum of one and one-half (1.5) square feet in size per electric vehicle parking space.
d.
Electric vehicle charging stations are limited to a digital user interface of eight and one-half (8.5) inches by eleven (11) inches.
e.
Advertising is permitted as a part of the digital user interface and must be oriented towards the vehicle or user of the station and not towards the general public or the public right-of-way.
f.
Any publicly accessible electric vehicle charging station that is installed within the City shall meet the design requirements listed herein.
(Ord. No. 007-2023, §§ 1, 3, 12-11-2023)
Accessory Dwelling Units (ADUs) shall be applied for and permitted by the Community Development Director or designee upon determining that the application meets all of the following requirements:
1.
Permitted Uses:
a.
One (1) accessory dwelling unit (ADU) shall be allowed in any single-family residential zone on properties where there is one (1) existing single-family residence.
b.
Either the primary unit or the ADU shall be owner-occupied. Prior to the issuance of a certificate of occupancy for the ADU, the owner(s) shall record a covenant with Cherokee County Superior Court Clerk's office, and subsequently submit a copy of the recorded covenant to the City of Woodstock. The covenant shall state that the owner(s) agree to restrict use of the primary and accessory dwelling units in compliance with the requirements of Section 7.523 of the Official Code of the City of Woodstock, Georgia.
c.
Persons seeking an ADU shall provide, if applicable, a written statement to City staff from their homeowner's association which confirms that the HOA does not prohibit ADUs.
d.
Properties with an ADU that do not have an active homestead exemption shall not be considered for Short-Term Rental Units.
e.
If an ADU is being used as a Short-Term Rental Unit, if applicable, a written statement from the homeowner's association which confirms that the HOA does not prohibit Short-Term Rental Units in its bylaws shall be provided to City staff.
2.
Development Standards:
a.
ADUs may have a square footage up to forty (40) percent of the habitable floor area of the primary dwelling unit. If the primary dwelling unit is less than two thousand one hundred twenty-five (2,125) habitable square feet, the ADU can have a square footage of up to eight hundred fifty (850) square feet.
b.
An ADU must comply with the Accessory Use requirements of Section 7.304.21(a.—d.) of this Land Development Code.
c.
ADUs must be affixed by permanent foundation and shall not include recreational vehicles, park trailers, or travel trailers. ADUs may be modular homes, but not manufactured homes.
i.
If building type is unclear, the Building Official shall have discretion to decide its acceptability based on relevant local and state building codes and ICC regulations.
d.
The creation of an ADU shall not create a separate tax parcel, nor shall an ADU be subdivided at any point after construction.
e.
ADUs shall be located behind the front facade of the primary dwelling unit.
f.
ADUs shall have at least one (1) parking space per unit in addition to the number of parking spaces required for a single-family dwelling.
g.
No detached accessory dwelling shall be closer than five (5) feet to any other accessory building, or to the primary building, on the same parcel. The five-foot distance shall be measured from the closest point of the building walls or structure walls. Additionally, a minimum of four (4) feet shall be maintained between eave overhangs, chimneys, bay windows, or any other architectural feature.
h.
The appearance of the ADU, including, but not limited to, the color and material of the structure, shall be similar to the primary dwelling unit.
i.
ADUs shall not be more than fifteen (15) feet in height (excluding architectural appurtenances), unless the primary dwelling is more than fifteen (15) feet in height, in which case the ADU's height can be up to the height of the primary dwelling.
j.
The ADU shall not be accessed via the primary dwelling unit.
k.
The entrance to an ADU shall not be visible from any public right-of-way.
l.
A maximum of two (2) bedrooms shall be allowed per ADU.
(Ord. No. 990-2024, §§ 1, 6, 6-10-2024)
- USE DISTRICTS AND REGULATIONS
The following provisions apply to each of the zoning districts. In addition, requirements are contained within the District Development Standards and in other articles that apply to some or all of the zoning districts.
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)
A permitted use is allowed within a zoning district by this Ordinance and subject to the restrictions applicable to that zoning district. If a use is not permitted within a zoning district by this Ordinance and is not eligible for consideration under a conditional use permit, that use shall be considered a prohibited use. If the Zoning Administrator determines, in their sole discretion, that a use cannot be equated to a similar permitted or conditional use, then that use shall be considered a prohibited use. Decisions made by the Zoning Administrator may be appealed in accordance with the procedures outlined in Section 10.162.
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)
A conditional use permit (CUP) may be applied for a use that generally would not be appropriate throughout a zoning district but which, if controlled as to the visual appearance, number, area, height, location, or relation to abutting or nearby uses, would not be injurious to the public, health, safety, appearance or general welfare. A CUP may be applied for only in zoning districts and for uses identified by this Ordinance and are subject to conditions, which may be imposed by the Mayor and City Council, and final approval by the Mayor and City Council through a public hearing process.
Upon issuing a conditional use permit, City Council may choose to attach the conditional use permit to a tax parcel, individual commercial suite or unit, or corporate entity, with or without successors. A conditional use permit is nontransferable to another location.
See Article IX for Nonconforming Use Regulations for Conditional Uses.
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)
The Mayor and City Council may grant a conditional use permit for the uses enumerated in Section 7.505 of this article. The granting of a conditional use permit is conditional upon the site plan considered by the Mayor and City Council and are subject to the following process and review procedure:
1.
All applications for conditional use permits shall be advertised in the same manner as applications for rezoning and public hearings will be held thereon in the same manner as applications for public hearings are conducted.
2.
The Mayor and City Council may grant conditional use permits for limited periods of time based upon the criteria set forth in Section 7.503(3).
3.
In addition to district regulations, the Mayor and City Council shall consider, at a minimum, the following in its determination of whether or not to grant a conditional use permit, whether to limit the time such conditional use is allowed and whether to restrict the conditional use to a particular owner or party:
a.
Whether or not there will be a significant adverse effect on the surrounding area in which the proposed use will be located.
b.
Whether or not the use is otherwise compatible with the surrounding area.
c.
Whether or not the use proposed will result in a nuisance as defined under State law.
d.
Whether or not quiet enjoyment of surrounding property will be adversely affected.
e.
Whether or not property values of surrounding property will be adversely affected.
f.
Whether or not adequate provisions are made for parking and traffic considerations.
g.
Whether or not the site or intensity of the use is appropriate.
h.
Whether or not special or unique conditions created by the use are consistent with the purpose, intent and goals of the Comprehensive Town Plan.
i.
Whether or not adequate provisions are made regarding hours of operation.
j.
Whether or not adequate controls and limits are placed on commercial and business deliveries.
k.
Whether or not adequate landscape plans are incorporated to ensure appropriate transition between adjacent or nearby properties.
l.
Whether or not the public health, safety, welfare or moral concerns of the surrounding neighborhood will be adversely affected.
m.
Whether the application complies with any applicable specific requirements set forth in this chapter for conditional use permits for particular types of uses.
n.
Whether the applicant has provided sufficient information to allow a full consideration of all relevant factors.
o.
Whether the conditional use requested emits or creates unusual odors which would warrant use of an odor elimination/attenuation system as recommended by industry standards.
4.
In all applications for a conditional use permit the burden shall be on the applicant both to produce sufficient information to allow the Mayor and City Council fully to consider all relevant factors and to demonstrate that the proposal complies with all applicable requirements and is otherwise consistent with the policies reflected in the factors enumerated in this chapter for consideration by the City.
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)
The City has established the following zoning districts as part of the general zoning code. The Use/Zoning District Matrix in Section 7.505 applies to all uses within the following zoning districts:
1.
General Districts: General Commercial (GC), Neighborhood Commercial (NC), General Commercial—Vertical Mixed-Use (GC-VMU), Light Industrial (LI), Heavy Industrial (HI), Office Space Institutional (OSI), Single-family Detached Residential (R1, R2), Single-family Detached and Attached Residential (R3), Single-family Detached Residential. Multifamily Residential (R5), Rural District (RD).
2.
Downtown District: Central Business District (DT-CBD), Commercial Mixed-Use (DT-CMU), General Commercial (DT-GC), Residential Office (DT-RO), Medium Density Residential (DT-MRA, DT-MRB), Low Density Residential (DT-LR), Very Low Density Residential (DT-VLR), Open Space (DT-OS).
3.
Senior Living District: Single-family Detached Residential (SL-A), Single-family Attached Residential (SL-B), Multi-family Residential (SL-C).
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019; Ord. No. 7205-2021, § 1(Exh. A), 6-14-2021)
The following Use/Zoning District Matrix identifies the uses which are permitted in each zoning district and uses which are eligible for a conditional use permit. Permitted uses are marked with a "P" and uses eligible for consideration under the issuance of a conditional use permit are marked with a "C".
Additional development regulations or standards may further restrict uses marked with a "*" and a corresponding number. Refer to Section 7.506 for notes regarding these regulations.
Uses in which additional development regulations or regulatory permits are required are marked with a "R". Refer to Section 7.506 for these definitions or regulations. Further, additional development regulations may be required in the District Development Standards for the zoning district that the property is located in.
CITY OF WOODSTOCK USES/ZONING DISTRICT MATRIX
P = Permitted; C = Conditional Use Permit (see 7.502, 7.503); (R) = Additional regulations or regulatory permit required (see 7.506); PVC* = Additional regulations or standards (see 7.506)
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019; Ord. No. 6194-2020, § 1(Exh. A), 1-13-2020; Ord. No. 7021-2021, §§ 2, 3, 3-22-2021; Ord. No. 7175-2021, § 2, 5-24-2021; Ord. No. 7205-2021, § 1(Exh. A), 6-14-2021; Ord. No. 001-2022, §§ 1, 2, 11-14-2022; Ord. No. 8322-2022, § 3, 12-12-2022; Ord. No. 990-2024, § 4, 6-10-2024)
Where a use is conditional or permitted in Section 7.505, but is marked by a "*" and corresponding number, there are additional development regulations required as noted below:
1.
P*1—Uses marked by this designation are limited to a maximum floor area of eight thousand (8,000) square feet. Bar/tavern uses shall be prohibited in any zoning classification with the Historic Overlay (HO) applied to it. No outdoor storage or sales is permitted.
2.
P*2—Except within the Ridgewalk Overlay, uses marked by this designation are limited to a maximum floor area of eight thousand (8,000) square feet and shall have no outdoor storage or sales areas associated with the use. For the Ridgewalk Overlay, see Section 7.808.
3.
P*3—Uses marked by this designation shall have no drive-thru facility.
4.
P*4—Uses marked by this designation shall have no drive-thru facility visible from any public street.
5.
P*5—Uses marked are limited to a maximum floor area of fifteen thousand (15,000) square feet. Any such use in excess of fifteen thousand (15,000) square feet shall have the ability to receive a conditional use permit for the use in an existing building.
6.
P*6—Uses permitted by right by this designation are required to be located on a floor of a building which is not directly adjacent to a publicly accessible street (i.e., these uses may be allowed on upper floors of a building or in the basement of a building which fronts onto an alleyway). In the DT-CBD category, this restriction is limited to those buildings which front directly on Main Street between Noonday/Fowler Street and Kyle Street, East Main Street, Chambers Street, Arnold Mill Road and Fowler Street. Uses marked by this designation shall be available on a floor of a building directly adjacent to a publicly accessible street through the issuance of a conditional use permit.
7.
P/C*7—Outside the Downtown District, Residential Single-Family Detached shall be permitted by right within the R3-A district only. Residential—Single-Family Attached shall be permitted within the R3-B (duplex) and R3-C (townhome) districts only.
8.
P/C*8-Uses permitted by this designation shall not front or provide direct access to an A Street where nonresidential frontage is required according to the A Street design requirements, except within DT-HO, and shall not front on or provide direct access to a C Street (see Street Types Table in the Downtown District Standards). Permitted residential uses are allowed on upper floors or in basements of a building fronting any street type.
a.
For DT-CBD and DT-CMU, the base density of twelve (12) DU/ac (Dwelling Units per Acre) can be increased up to forty (40) DU/ac maximum, using any combination of the following bonus incentive procedures:
i.
Vertical mixed-use structure—Twenty (20) percent DU/ac increase.
ii.
Provision of open space above the twenty (20) percent minimum requirement—One (1) percent DU/ac increase per one thousand (1,000) square feet of open space up to twenty thousand (20,000) square feet maximum or twenty (20) percent DU/ac increase maximum.
iii.
Structured parking with parking spaces available to the public at no charge—One (1) percent DU/ac increase per one (1) parking space.
iv.
Professional office space—Ten (10) percent DU/ac increase per ten thousand (10,000) square feet of professional office space.
v.
Mayor and City Council reserve the right to increase density above forty (40) DU/ac on a case by case basis, depending on the compatibility of the project with adopted plans, considering the following elements: economic impact, regional significance, amenities provided to the community, and public infrastructure improvements.
vi.
Once site plans are submitted to the Community Development Department utilizing any one (1) of the above bonus incentives, the Community Development Director will brief the Mayor and City Council, reviewing the project plan at the next available City Council Meeting.
b.
Residential, Single-Family Attached is a Conditional Use in all districts where it is permitted. The following criteria shall be used for evaluating Conditional Use Permit proposals for Attached product, in addition to the criteria listed in Section 7.503, Conditional Use Permit Review Criteria:
i.
Whether or not the proposed location and site is appropriate for a townhome product, and whether the property could have a higher and better use.
ii.
Whether or not the proposal includes a mix of housing types and/or price points.
iii.
Whether commercially zoned property is proposed to be converted to a primarily residential use.
iv.
Whether the proposal includes innovative or unique design.
v.
Whether the proposal includes the construction of street connections and/or Greenprints Trail connections.
9.
P/C*9—The following uses: Sexually oriented businesses, spa establishment, bodywork therapy, massage therapist, massage therapy establishment, pawn shop/dealer in precious metals and gems, tattoo parlor/body piercing, have additional regulations and/or regulatory fees governed by the Code of Woodstock.
10.
P*10—Hotels shall include the following requirements:
a.
Hotels shall be required to provide main access to all guest rooms through a lobby of at least one thousand (1,000) square feet. Each guest room shall be accessed through an interior hallway and shall not have direct access to the exterior of the building unless it is required by fire safety regulations.
b.
Each hotel shall be required to provide staff or management on duty twenty-four (24) hours per day.
c.
Continental style dining for the guests of the facility is allowed in or near the lobby without providing additional parking.
d.
At a minimum provisions for weekly cleaning for each guest room shall be provided.
e.
Outside storage or long-term parking of heavy, construction or related equipment shall be prohibited.
f.
No facility permitted as a hotel shall be converted or used primarily as an apartment or condominium.
g.
No business license shall be issued for any business operating from a guest room within a hotel.
h.
This use excludes extended stay hotel or motels, which are advertised, designed, or utilized for weekly or monthly operation, unless approved by City Council with a conditional use permit (C).
11.
P*11—Limited Accessory Use-Commercial shall include retail bakery, barber shop, beauty salon, cafeteria/dining facility, dry cleaning—drop off, pick up only, grocery with general merchandise, pharmacy, shoe repair, tailor.
12.
P*12—Manufacturing Facility-Limited shall be limited to establishments that do not emit noise in excess of the City's noise restrictions for commercial users, odor, dust, vibration or fumes beyond the building enclosure, where all process, fabricating, assembly or disassembly of items takes place wholly within an enclosed building.
13.
P*13—Office-Contractor shall be limited to office space only. No storage of materials, vehicles and/or equipment shall be permitted in categories not allowing storage-warehouse.
14.
P*14—Parking-Commercial shall be required to be a parking structure in any of the permitted downtown districts.
15.
P*15—Consumer Fireworks Retail Stands-Temporary shall include the following requirements:
a.
License Required. A license shall be required in accordance with Chapter 22 of the Code of the City of Woodstock.
b.
Permit Required. A permit shall be required prior to the establishment of a Consumer Fireworks Retail Stands-Temporary Use ("stand"). Said permit shall be posted on the site during the operation. Upon expiration of the permit, the use shall cease.
c.
Permit Term. The permit is valid for no more than forty-five (45) days, no more than two (2) times in a twelve (12) month period. The permit shall specify the first and last day of the permit term, beginning at 12:01 a.m. on the first day and expiring at 11:59 p.m. on the last day specified by the permit.
d.
Permission Required. The applicant shall provide a notarized written permission statement from the property owner or lease holder of the subject site. A twenty-four (24) hour contact number of the property owner or lease holder shall be provided along with the permit application.
e.
Location. Only one (1) permit shall be issued per tax parcel stands shall be located within one thousand (1,000) feet of a fire hydrant, unless the Fire Chief or designee of the Woodstock Fire Department in writing authorizes operation in excess of one thousand (1,000) feet. Stands shall maintain a minimum twenty-five (25) foot setback from the right-of-way and not be located within required landscaping or buffer. Stands shall also maintain a minimum setback of ten (10) feet from any driveway and shall not be located within three hundred (300) feet of nursing homes, hospitals, day care facilities, schools, or residential districts.
f.
Distance. Shall not be located within one thousand five hundred (1,500) feet of another Consumer Fireworks Retail Sales Stand—Temporary or Consumer Fireworks Retail Sales Facility-Permanent, measured by the shortest distance between property lines.
g.
Parking. A minimum of six (6) parking spaces shall be provided adjacent to the stand for the exclusive use of the operation.
h.
Hours. The hours of operation shall be limited to the hours of 8:00 a.m. to 9:00 p.m.
i.
Signage. Shall be limited to the requirements set forth under Chapter XX.
j.
Mobile Stand. It shall be unlawful to sell consumer fireworks from any motor vehicle or from a trailer towed by a motor vehicle.
16.
P*16—Innovator Space. In the interest of economic development and to remain as competitive as possible, the innovator space use is hereby established. Once a proposed use is classified as innovator space by the Zoning Administrator, it may proceed under these provisions, adhering to the following requirements:
a.
The maximum floor area in a building used for innovator space shall not exceed ten thousand (10,000) square feet in DT-GC, DT-CMU, and GC in the Ridgewalk Overlay District, or four thousand (4,000) square feet in DT-CBD, DT-RO, and NC in the Ridgewalk Overlay District.
b.
An area of the building equal to a minimum of twenty (20) percent of the total square footage of the innovator space shall be dedicated to the retail sale of product made on premises, merchandise associated with the products and/or education about the processes utilized in the space.
c.
Activities related to innovator space shall take place within an enclosed building and outdoor storage of materials, inventory, equipment, commercial vehicles or equipment is prohibited.
d.
Activities related to innovator space shall not result in emissions of noise, smoke, fumes, heat, or odors that leave the innovator space.
e.
No more than one (1) delivery or pick-up per day by vehicles exceeding thirty (30) feet in length.
f.
Minimum parking requirement shall be one (1) space per employee plus one (1) space per three hundred (300) square feet of customer sales or showroom area, but not less than one (1) parking space per five hundred (500) square feet of gross floor area (GFA).
g.
In the event that a proposed innovator space project requires rezoning, conditional use permit, or a variance from the Code, the applicant may request expedited approval by the City Council. Expedited approval means the requirement of only one (1) public hearing before City Council and possibly a waiver of the public input meeting, as determined by the Community Development Department. All other public hearing requirements of the Land Development Ordinance shall remain.
h.
City Council may modify any of these requirements with a conditional use permit.
17.
P*17—Residential, Multi-Family, Rental uses shall not solely have access from D streets, unless there are a minimum of four (4) access points to B and/or D streets, each connecting to the existing transportation network outside the development and which are not dead end streets. Developments with more than thirty (30) units shall complete a sewer availability and capacity study, and shall submit a traffic study, at the time of site plan submittal.
18.
P*18—Residential, Multi-Family, Fee Simple uses (also known as condominiums or townhomes) shall not solely have access from D streets, unless the total number of residential, multi-family, fee simple uses accessed by such D streets does not exceed thirty (30) units. Developments with more than thirty (30) units shall complete a sewer availability and capacity study, and shall submit a traffic study, at the time of site plan submittal.
19.
P/C*19—Uses with this designation are exclusive to the Ridgewalk Overlay District. Uses identified with a "C" denotes that a conditional use permit (CUP) is required. Customary home occupations are permitted in residential units within the Ridgewalk Overlay District.
20.
C*20—Car wash shall include the following requirements:
a.
Distance. Must be more than one (1) mile away from another building being used as a car wash;
i.
Within twelve (12) months from the date an existing car wash ceases to operate, the distance requirement shall not apply. For more information on what qualifies as "ceases to operate", reference section 11.305, Conditional Use Permits and Nonconforming Conditional Uses—Discontinuance;
b.
Lighting. Must keep establishment relatively well-lit with adequate lighting in compliance with Chapter XIX—Outdoor Lighting standards;
c.
Loitering. Must install a sign with a statement that loitering as defined in O.C.G.A. § 16-11-36 or being on the premises for any purpose other than washing, waxing, vacuuming, polishing, detailing, or a combination thereof or for any purpose for which the operator/agent has given express permission is prohibited under state law and a warning that such activity is considered trespassing for which law enforcement agencies are authorized to enter onto the car wash premises and take appropriate action.
d.
Recycled Water.
i.
Newly constructed car wash, conveyer and car wash, in-bay automatic after the date of adoption must recycle at least fifty (50) percent of water as amended by GA R&R 391-3-31-.03;
ii.
Newly constructed car wash, hand wash and car wash, self-service after the date of adoption must use wash nozzles and a pump system that is high pressure, and flow at no greater than three (3) gallons per minute, as amended by GA R&R 391-3-31-.03.
e.
Signage.
i.
Must conspicuously display business hours, business license, and prices;
ii.
Must conspicuously display contact information for the owner, or a designated manager of the establishment.
21.
C*21—Build-to-rent is hereby established. It shall include the following requirements:
a.
Amenities. A11 build-to-rent neighborhoods must have a company which manages HOAs in various neighborhoods in the state of Georgia as its main business purpose (a "management company"), managing the homeowners' association. Any BTR development must dedicate at least five (5) percent of the gross land area for an amenity area, selecting at least one (1) of the following features:
i.
Amphitheatre, clubhouse, garden, park, playground, pool area, recreation facilities. (The amenity area proposed will be finalized as part of the conditional use permit approval process);
b.
Architecture. All build-to-rent neighborhoods may only use the following materials on the facades of units: Brick, cast stone, concrete siding—such as fiber cement sidingnatural wood, or stone;
c.
Detached. All newly constmcted build-to-rent residential units must be detached;
d.
Management. Build-to-rent neighborhoods must be commonly managed by a management company with an on-site and staffed office with standard business hours of at least 9:00 a.m. to 5:00 p.m., Monday through Friday;
e.
Utilities. Each residential unit within a build-to-rent neighborhood must have individual connections to utilities with individual service accounts, including but not limited to electricity, water/sewer, telephone, natural gas, and services for solid waste and recycling;
f.
Short term rental. Short term rentals, as described in Article IX, Short Term Rentals, of Chapter 22, Businesses, of the Code of Ordinances, will not be allowed within build-to-rent neighborhoods.
22.
P*22—Uses with this designation are limited to a maximum floor area of four thousand (4,000) square feet. Any such use in excess of four thousand (4,000) square feet, except for those uses in DT-CBD and DT-RO zoning districts, shall have the ability to apply for a conditional use permit.
23.
P/C*23—Residential uses are not allowed on the ground floor of buildings in the GC-VMU district.
24.
C*24—Retail stores defined under Chapter II of the Land Development Code of Woodstock, Georgia as "CBD and/or Tobacco Specialty Store" must satisfy the following requirements prior to the acceptance of a conditional use permit. Distances required for the issuance of a conditional use permit shall be measured in lineal feet by the most direct route of travel on the ground as detailed below.
a.
Proposed premises of the retail CBD and/or tobacco specialty store establishment is greater than one thousand (1,000) feet from a religious institution, greater than one thousand (1,000) feet from a day care center, greater than one thousand (1,000) feet from a school, and greater than three thousand (3,000) feet from another retail CBD and/or tobacco specialty store with an approved business license by the City of Woodstock,
Means of measurement further defined below:
i.
Church: Measured from the front door of the proposed premises to the front door of the church.
ii.
School: Measured from the front door of the proposed premises of a license to the nearest property line of the real property being used for school or educational purposes.
iii.
Day Care: Measured from the front door of the proposed premises of a license to the nearest property line of the real property being used for day care services.
iv.
Existing Store: Measured from the front door of the proposed premises to the front door of the existing store.
b.
A scale drawing from a registered surveyor identifying the location of the proposed premises and the distance to the nearest religious institution, school, day care center, and other business uses defined as a CBD and/or tobacco specialty store. Distance shall be measured in lineal feet by the most direct route of travel on the ground from premise to premise.
c.
City Council, in its sole discretion, may consider a variance to reduce distance requirements using the standards set forth in LDO Chapter XI—Zoning Policies and Procedures, in addition to the information provided in the application.
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019; Ord. No. 6134-2019, § 3, 12-9-2019; Ord. No. 6194-2020, §§ 2—5, 1-13-2020; Ord. No. 7021-2021, § 4, 3-22-2021; Ord. No. 7175-2021, § 3, 5-24-2021; Ord. No. 7205-2021, § 1(Exh. A), 6-14-2021; Ord. No. 8322-2022, § 4, 12-12-2022)
A.
Customary home occupations shall be permitted in any residential zoning district or residential dwelling, provided that the following performance standards are met:
1.
The occupation, profession or trade must tie carried out wholly within the principal building;
2.
Not more than thirty (30) percent of the floor area of the principal building can be used for the conduct of said home occupation;
3.
No merchandise or articles shall be displayed in such a way as to be visible from outside the structure;
4.
There shall be no alteration in the residential character of the building or premises;
5.
No person who is not a resident of the premises shall be employed, with the exceptions stated herein. For the purposes of this section, the following definitions shall apply:
a.
Employees: The occupation shall be conducted by members of the family who are living at the residence and maximum of one (1) additional employee.
b.
On-site Employee: A person employed by the home occupational license holder to perform the business-related duties on the same premises/residence for which the occupational license is issued;
c.
Off-site Employee: A person(s) may or may not be directly employed by the occupational license holder and does not perform duties on the same residence for which the occupational license is issued for.
6.
The home occupation shall not create disturbing or offensive noise, vibration, smoke, dust, odor, radio or television interference, voltage fluctuations or unhealthy or unsightly conditions; (Whether the disturbance is sufficient to invoke the prohibition of this section shall be determined by comparing the occupation caused disturbance to noises, smoke, odors, etc., that are commonly found in a residential neighborhood, such as children playing, yard maintenance tools, etc.);
7.
One (1) off-street parking space shall be provided for each one hundred fifty (150) square feet of floor area devoted to the home occupation;
8.
No mechanical equipment shall be installed or used except as is normally required for domestic purposes; (This shall allow for normal home office equipment, including but not limited to, fax machines, computers and other communications equipment.);
9.
Accessory home occupations may not serve as headquarters or dispatch centers where employees come to the site and are dispatched to other locations;
10.
Business or home occupation related group instruction, assembly, or activity shall be limited to five (5) persons at one (1) time only (day care excluded);
11.
All home occupations shall be subject to the periodic inspections by the Community Development Department or its designee;
12.
The Community Development Department must approve all businesses/occupational/home occupational licenses which shall be re-certified annually;
13.
Deliveries to the home occupation shall be made by passenger vehicles, mail carriers, or step vans (UPS, Federal Express, etc.) and must not restrict traffic circulations;
14.
Deliveries to the home occupation through tractor-trailers or vehicle with over six (6) wheels shall be prohibited; and
15.
No signs on the subject property advertising the permitted home occupation shall be allowed.
B.
Customary Home Occupation Use Standards. The following uses shall be permitted uses in a customary home occupation provided they meet the above performance standards:
1.
Instructional or tutoring services within an enclosed building, but limited to four (4) pupils at one (1) time.
2.
Office facility of a salesman, sales representative or manufacturer's representative provided that there is no manufacturing, production, or storage provided on the premises, but limited to one (1) on-site employee. Offsite employees will be limited to the equal number of off-street parking spaces provided but limited to five (5).
3.
Office facility of an architect, broker, engineer, land surveyor, lawyer, computer programmer, and similar or related professions, but limited to one (1) on-site employee. Offsite employees will be limited to the equal number of off-street parking spaces provided but limited to five (5).
4.
Real estate broker, broker, real estate agent, appraiser, insurance agent, mortgage broker, or similar or related professions, but limited to one (1) on-site employee. Offsite employees will be limited to the equal number of off-street parking spaces provided but limited to five (5).
5.
Arts and crafts, artistic studios, including painting, sculpture, composing, writing, and related crafts such as weaving, rug work, and lapidary.
6.
Office service, including work processing, bookkeeping, transcribing, data entry, and telephone answering services.
7.
Mail order wholesale or retail businesses provided there is no sale, shipment or delivery of merchandise on the premises.
8.
Contractors, electricians, landscaping business/contractors, plumbing, air-conditioning/HVAC repair business/contractors, painting, cleaning, chimney cleaning and other related businesses but not including outside storage of equipment materials or vehicles.
9.
Alterations and upholstery repair.
10.
Barber and beauty shops, provided that the following standards are met:
a.
The use is conducted by family members who live in the residence or only one (1) outside employee with only one (1) member residing in the property.
b.
The business shall consist of no more than one (1) beauty/barber chair, and no more than two (2) customers shall be permitted at one (1) time.
c.
Said business shall operate only between the hours of 8:00 a m. and 8:00 p.m.
d.
All local and State licenses as well as any necessary permits must be obtained prior to the business being opened.
e.
There shall be no external evidence that a business is in operation inside the residence.
f.
Customer parking must be available on the same side of the street as the residence or paved parking must be provided on the side or rear of the property. Parking on the front of the property is prohibited.
11.
Child day care center, provided the following standards are met:
a.
The child day care center must be located in a residential structure as a secondary use. The residential use of the structure must be the primary use of the structure.
b.
The owner of the structure must obtain the approval for the day care use of his residence from seventy-five (75) percent of the property owners within five hundred (500) feet from his property, including the abutting residents.
c.
The road giving access to the center must be of adequate capacity to handle the additional traffic and adequate off-street parking must be provided.
d.
If the proposed center is not on sewer, the applicant must obtain a letter from the County Sanitarian stating that the on-site septic tank system has the capacity to handle the proposed center.
e.
The applicant must have a letter of conditional approval from the Georgia Department of Human Resources.
12.
Other similar uses as approved by the Zoning Administrator.
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019; Ord. No. 7205-2021, § 1(Exh. A), 6-14-2021)
1.
Live/work units shall only be permitted in the residential zoning districts listed in Section 7.505 of the Land Development Ordinance, provided that the following performance standards are met.
a.
The live/work unit shall be the primary dwelling of the occupant;
b.
The residential and the commercial space must be occupied by the same tenant, and no portion of the live/work unit may be rented or sold separately;
c.
All business activities must be wholly contained within each unit;
d.
The outdoor storage and/or display of merchandise, sundries, and equipment is expressly prohibited. This requirement excludes vehicles and trailers within delineated parking spaces, not otherwise prohibited by restrictive covenants;
e.
The following limitations shall apply to all live/work units based on the most current International Building Code:
1.
The live/work unit shall not be greater than three thousand (3,000) square feet in area;
2.
The nonresidential area shall not be more than fifty (50) percent of the area of each live/work unit;
3.
The nonresidential area function shall be limited to the first or main floor only of the live/work unit;
4.
Not more than five (5) nonresidential workers or employees are allowed to occupy the nonresidential area at any one (1) time (IBC Reference: Sections 419.1—419.9);
5.
The commercial portion of the unit shall be ADA compliant (IBC Reference: Section 419.7);
6.
The live/work unit uses shall not create disturbing or offensive noise, vibration, smoke, dust, odor, radio or television interference, voltage fluctuations or unhealthy or unsightly conditions that would unreasonably interfere with residential uses.
2.
The following uses shall be permitted uses in a live/work units provided they meet the above performance standards:
a.
Bakery—Retail.
b.
Barber shop, beauty salon.
c.
Child/day care center.
d.
Customary home occupation.
e.
Florist—Retail.
f.
Instructional studios—Dance, gymnastics martial arts.
g.
Massage therapy.
h.
Office—Common business, medical, professional service.
i.
Office—Contractor (see Section 7.506 above).
j.
Restaurant—Small cafe, coffee shop, ice cream and yogurt shops.
k.
Retail store—Common merchandise.
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019; Ord. No. 7205-2021, § 1(Exh. A), 6-14-2021)
In the RR Railroad District, the only allowable uses are railroad infrastructure and signage, which signage is required by Federal, State or City law of regulation, utility infrastructure and easements and transportation infrastructure.
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)
Donation containers shall mean any attended or unattended container, receptacle, box, or similar device used for soliciting and collecting donations of any tangible personal property, money, or similar items for profit or charitable purposes. Vehicles, trailers, and similar conveyances, whether attended or unattended, are expressly prohibited for use as donation containers.
1.
Donations Generally. Donations of tangible personal property or money without the use of a donation container shall only occur at permanent structures or suites designated for such use. The use of vehicles, trailers, and similar conveyances, whether attended or unattended, to solicit donations of any kind is prohibited.
2.
Exemptions. Donation containers for the express purpose of collecting American flags for retirement are exempt from this section. Containers, receptacles, boxes, vehicles, trailers, and similar conveyances owned by Federal, State, or local government are exempt from this section.
3.
Permit Required, Implementation. No donation container shall be installed without first applying for and receiving a permit from the City as governed by this section. The fee for the donation container permit may be established by City Council from time to time with resolution. No donation container placed on or after September 1, 2016, may be out of compliance with this Ordinance. Any donation container existing in place prior to October 1, 2016, shall have a period of six (6) months to obtain a permit and come in to compliance with this Ordinance.
4.
Occupation Tax. Prior to the issuance of a donation container permit, the entity requesting the permit shall pay all occupation taxes due as provided by this Code with the issuance of a business license.
5.
Application. Prior to delivery and/or installation of any donation container, an application shall be filed with the Community Development Department identifying the size, color and location of each donation container, as well as any signage proposed on the exterior of the donation container. Each application must also be accompanied by a letter from the owner of the property authorizing installation of a donation container on their property.
6.
Zoning. Donation containers shall only be permitted on developed property within the GC, DT-GC, and DT-CMU zoning districts.
7.
Location. Donation containers shall be located so as not to interfere with traffic sight lines or on-site circulation. Donation containers shall be installed on a paved surface, but may not be located within a designated parking space, drive aisle, loading area, or within any established buffer. No donation container shall be permitted within the front setback of any parcel and shall only be permitted behind the front building line of the principal structure.
8.
Number and Size. No more than one (1) donation container shall be placed an any parcel of land. Donation containers shall not cover a ground surface area in excess of five (5) feet by five (5) feet, nor be more than six (6) feet in height.
9.
Contact Information. The following contact information shall be required to be displayed on each donation container: Name, address, and telephone number of the entity permitted to install the container along with a twenty-four (24) hour contact name, telephone number, and email address for the same entity.
10
Signage. No more than two (2) signs of no more than two (2) square feet each shall be permitted on each donation container.
11.
Cleanliness and Maintenance. The property owner and donation container owner shall be responsible for the maintenance, upkeep and servicing of permitted donation containers. Donation containers shall be maintained in good condition with no structural damage, holes, or visible rust. Donation containers shall be free of debris and shall be emptied regularly to prevent overflow of donations or accumulation of junk, debris, or other material.
12.
Renewal of Permit. The term of the permit shall expire annually on December 31st. Permits may be renewed by submitting a renewal application and associated fee to the Community Development Department. No person to whom a permit has been issued shall transfer, assign, or convey such permit to another person.
13.
Removal. Donation containers shall be removed upon permit expiration or when the property becomes vacant.
14.
Revocation of Permit. Any permit granted pursuant to the provisions of this section may be subject to revocation for cause by the Director of Community Development or designee, including but not limited to, the failure to comply with this section or any other applicable provisions of this Code.
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019; Ord. No. 7205-2021, § 1(Exh. A), 6-14-2021)
Off-street automobile parking shall be provided in accordance with all applicable provisions of this article.
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)
A parking plan for all but single-family residential uses shall be submitted to the City with the building plans or with the occupation tax license in case of a change in use. The City shall review the proposed parking plan to ensure its conformance with all applicable provisions of this Ordinance.
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)
Except provisions for single-family residences, all parking facilities including entrances, exits and maneuvering areas, shall comply with the following provisions:
1.
Shall have access to a street or alley.
2
Shall be graded and paved, and curbed, including access drive(s).
3.
Shall have all spaces marked with paint lines, curb stone or other similar designations.
4.
Standard vehicle parking spaces shall not be less than nine (9) feet wide and eighteen (18) feet deep, exclusive of interior drives.
5.
Compact vehicle parking spaces may be provided up to twenty (20) percent of the total parking required. Compact vehicle parking shall be grouped together with no less than four (4) consecutive spaces in any one (1) location. The area(s) provided with compact vehicle parking shall be clearly identified by signage or other accepted marking. Compact vehicle spaces shall not be less than eight (8) feet wide and fifteen (15) feet deep, exclusive of interior drives.
6.
There shall be adequate interior drives to connect each space with a street. The following standards apply to interior drives:
a.
One-way drive shall be twenty (20) feet wide.
b.
Two-way drive with ninety (90) degree parking shall be twenty-four (24) feet wide.
c.
Two-way drive with sixty (60) degree parking shall be twenty-two (22) feet wide.
d.
Two-way drive with forty-five (45) degree parking shall be twenty (20) feet wide.
7.
Shall be drained so as to prevent damage to abutting properties or public streets.
8.
Shall be separated from sidewalks and streets in public rights-of-way by wheel bumpers and an adequate planted reserve strip.
9.
Parking areas established for permitted nonresidential uses shall be visually screened from adjacent residential uses. See Article VI, Buffers, of this Ordinance for details.
10.
The parking area including space and driveway arrangements shall conform to generally accepted geometric design-standards.
11.
Adequate lighting shall be provided if the facilities are to be used at night. Such lighting shall be arranged and installed so as not to reflect nor cause glare on abutting properties.
12.
Shall meet American Disabilities Act requirements for accessible parking facilities.
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)
For parking lot tree and landscape standards, refer to Chapter IX of the Land Development Ordinance.
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)
All parking facilities required space shall be provided on the same plot with the use it serves, except as provided herein:
1.
Where provision of the required parking spaces involves one (1) or more parcels or tracts of land that: Are not a part of the lot on which the principal use is located, the developer shall submit with his application for a permit, an instrument which subjects said parcels or tracts to parking uses for the principal use it serves. The developer shall pay the necessary fee and the Building Inspector shall have said instrument registered in the Office of the Clerk of the Superior Court.
2.
Where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments, the required spaces may be located and maintained at a distance not to exceed three hundred (300) feet from the nonresidential building served.
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)
Joint use of up to fifty (50) percent of the required spaces may be permitted for two (2) or more uses located in the same building, on the same parcel, or on adjacent parcels provided that the applicant or developer can demonstrate that the uses will not substantially overlap in hours of operation or in the demand of shared spaces. For shared parking on two (2) or more adjacent parcels, a written agreement shall be provided for review by the Community Development Department, and when approved, an easement shall be recorded in the deed records and cross referenced to the owner's deeds for each affected property. Additionally, shared spaces serving uses on more than one (1) parcel shall be clearly marked as such. If the easement is cancelled, expires or is otherwise voided, other parking shall be provided in accordance with this chapter. If the required parking is not provided for any use covered by the former agreement, such use shall be illegal. For requirements on shared parking in the Downtown District see Article VII.
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)
No parking area may be used for the sale, repair, dismantling, and servicing or long-term storage of any vehicle or equipment. No sales or the outdoor storage of items for sale shall be allowed within the parking areas required by the minimum standards within this Ordinance. Any outdoor storage of items for sale in areas abutting parking area as required under this Ordinance shall be separated and screened from view of the required public parking areas.
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)
1.
The number of parking spaces required for a particular use shall be as set forth in the table below.
2.
Each use has minimum parking space requirements. The maximum allowable number of parking spaces per use is ten (10) percent over the stated minimum number. Single-family detached and single-family attached have no maximum. Where the DPC determines neighborhoods have residences abutting or close to the street, little or no on street parking or lack adequate space for visitor parking, new single-family attached and single-family detached developments shall have a minimum of twenty-five one hundredths (0.25) guest parking spaces for each residential unit.
3.
In the event of exceeding the maximum allowable number, the parking spaces shall meet parking overage standards as set forth in Section 7.520, Standards for Parking Spaces Exceeding the Maximum.
4.
Uses marked with an asterisk (*) which do not have internal space on-site for loading and unloading require at least one (1) loading space in addition to the required parking spaces, to be designed as required by Section 7.521, Off-Street Loading Requirements.
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019; Ord. No. 7205-2021, § 1(Exh. A), 6-14-2021; Ord. No. 990-2024, § 5, 6-10-2024)
1.
The parking requirements in the chart do not limit other parking requirements contained in these regulations.
2.
The parking requirements in the chart do not limit special requirements, which may be imposed.
3.
Where fractional spaces result, the parking spaces required shall be constructed to be the next highest whole number.
4.
The parking space requirements for a use not specifically listed on the chart shall be the same as for a listed use of similar characteristics of parking demand generation.
5.
Where parking structures are utilized, only spaces on the top level of any exposed structure shall be counted towards parking requirements.
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)
The maximum number of parking spaces may be exceeded by designing the parking to some of the standards set forth herein. The intent of these standards is to enhance the attractiveness and sustainability of the public realm by mitigating the effects of overpaying. Each standard allows an extra percentage or number of parking spaces over the minimum number set forth in Section 7.518. More than one (1) standard can be used together, but in no case shall the number of spaces exceed two hundred (200) percent of the minimum number of spaces allowed. In situations where fractional spaces result, the parking spaces allowed shall be constructed to the next highest whole number, unless otherwise stated. Any standard employed shall be maintained by the property owner in perpetuity.
1.
Install an electric vehicle charging station. One (1) space over the minimum shall be permitted for each electric vehicle charging station installed. Parking spaces with charging stations shall be designated for electric vehicle parking only. This standard shall be used for no more than six (6) spaces.
2.
Construct extra spaces in permeable pavement. The plan shall include an underdrain with connection to the stormwater management facility if site plan review staff determines it is necessary. One (1) extra space allowed for each two (2) spaces constructed in permeable pavement (do not round up for fractional spaces).
3.
Design the parking lot with bioretention areas, stormwater planters, or other alternative stormwater management techniques that handle the runoff from the entire parking lot surface area for the first one-half (0.5) inch of rainfall during a storm event. The plan for this standard shall be reviewed and approved by the Development Process Committee. One hundred fifty (150) percent of the minimum number of spaces allowed.
4.
Use paving materials with a three (3) year aged solar reflectance (SR) value of at least twenty-eight one-hundredths (0.28). If three (3) year aged value information is not available, use materials with an initial SR of at least thirty-three one-hundredths (0.33) at installation. The paving material or coating must be maintained properly in perpetuity. One hundred twenty (120) percent of the minimum number of spaces allowed.
5.
Employ a rainwater harvesting and storage system. This method will only be allowed after approval of a plan for the system by the Development Process Committee. The system should be sized based on the size of the contributing drainage area, local rainfall patterns, and the projected demand for the harvested rainwater. The plan should outline a dedicated use for the harvested rainwater. One (1) parking space for each three hundred (300) square feet of area where rainwater is conveyed into the system. Extra spaces shall only be awarded for each full three hundred (300) square feet of area, with no fractional spaces being rounded up.
6.
Build a solar parking canopy over at least one-third (0.333) of the parking spaces. Placement of structure and parking lot screening shall be reviewed and approved by the Director of Community Development. Two hundred (200) percent of the minimum number of spaces allowed.
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)
Off-street loading shall be established in accordance with all applicable provisions of this section.
1.
Design Standards. One (1) or more off-street loading spaces shall be provided on the same or adjoining premises with the facility it serves, either inside or outside a building and shall:
a.
Have a minimum dimension of thirteen and one-half (13.5) feet by sixty (60) feet by fourteen and one-half (14.5) feet overhead clearance.
b.
Be drained to eliminate standing water and prevent damage to abutting property and/or public streets and alleys, and surfaced with erosion resistant material.
c.
Be located so as not to hinder the free movement of vehicles nor pedestrians over a street, sidewalk, or alley.
2.
Use of Area. Loading space(s) shall be maintained in a clean, orderly and dust-free condition at the expense of the owner or lessee and not be used for the sale, repair, dismantling nor servicing of any vehicles, equipment, and materials or supplies.
3.
Mixed-Uses in a Building. Where a building is used for more than one (1) use or for different uses, loading space may be shared among uses, as permitted by the Director of Community Development.
4.
Uses located in the Downtown District. Loading spaces for these uses in the Downtown District may not be required on a case-by-case basis, and a plan for shared or remote loading spaces may be accepted in lieu of providing loading space on-site, as determined by the Director of Community Development. Criteria used to evaluate whether loading spaces are needed follow:
a.
Availability of loading spaces that could be shared on adjacent properties.
b.
Volume of traffic on the primary access street.
c.
Whether user has control of the premises outside the footprint of the structure.
d.
Whether the applicant can establish proof that deliveries will occur from vehicles that could fit in a normally sized parking space.
(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)
1.
General.
a.
Electric vehicle charging stations are permitted as accessory uses in all zoning designations in the City of Woodstock
b.
Any new private or publicly accessible electric vehicle charging station must obtain an electrical permit through the City of Woodstock before development.
2.
Equipment Requirements.
a.
Vehicle charging equipment compounds shall be designated and located so as to not impede pedestrian, bicycle, or wheelchair movement or create safety hazards on sidewalks.
b.
Wheel stops, bollards, curb and gutter, or similar device shall be installed in order to separate vehicles from EVSE.
c.
Digital screens installed on electric vehicle charging equipment shall be placed so as to not be visible from the public right-of-way.
d.
Installation of EVSE and EVSE infrastructure shall meet National Electrical Code Article 625 as of its current or amended version.
i.
The City of Woodstock shall receive manufacturer's specifications for all electric vehicle charging stations to ensure compliance with Article 625.
e.
When cords and connectors are not in use, retraction devices or locations for storage shall be located sufficiently above the pedestrian surface and the parking lot as to reduce conflicts with pedestrians and vehicle maneuvering. Cords, cables, and connector equipment shall not extend across the path of travel in any sidewalk or walkway.
f.
The City of Woodstock reserves the right to require screening and/or stealthing be provided to publicly accessible electric vehicle charging stations and related equipment.
3.
Electric Vehicle Charging Station Design Requirements.
a.
Publicly accessible electric vehicle charging stations shall contain information identifying voltage and amperage levels, the type of use, and relevant safety information.
b.
Publicly accessible electric vehicle charging stations shall contain information regarding any associated fees for use.
c.
EV signage is limited to a maximum of one and one-half (1.5) square feet in size per electric vehicle parking space.
d.
Electric vehicle charging stations are limited to a digital user interface of eight and one-half (8.5) inches by eleven (11) inches.
e.
Advertising is permitted as a part of the digital user interface and must be oriented towards the vehicle or user of the station and not towards the general public or the public right-of-way.
f.
Any publicly accessible electric vehicle charging station that is installed within the City shall meet the design requirements listed herein.
(Ord. No. 007-2023, §§ 1, 3, 12-11-2023)
Accessory Dwelling Units (ADUs) shall be applied for and permitted by the Community Development Director or designee upon determining that the application meets all of the following requirements:
1.
Permitted Uses:
a.
One (1) accessory dwelling unit (ADU) shall be allowed in any single-family residential zone on properties where there is one (1) existing single-family residence.
b.
Either the primary unit or the ADU shall be owner-occupied. Prior to the issuance of a certificate of occupancy for the ADU, the owner(s) shall record a covenant with Cherokee County Superior Court Clerk's office, and subsequently submit a copy of the recorded covenant to the City of Woodstock. The covenant shall state that the owner(s) agree to restrict use of the primary and accessory dwelling units in compliance with the requirements of Section 7.523 of the Official Code of the City of Woodstock, Georgia.
c.
Persons seeking an ADU shall provide, if applicable, a written statement to City staff from their homeowner's association which confirms that the HOA does not prohibit ADUs.
d.
Properties with an ADU that do not have an active homestead exemption shall not be considered for Short-Term Rental Units.
e.
If an ADU is being used as a Short-Term Rental Unit, if applicable, a written statement from the homeowner's association which confirms that the HOA does not prohibit Short-Term Rental Units in its bylaws shall be provided to City staff.
2.
Development Standards:
a.
ADUs may have a square footage up to forty (40) percent of the habitable floor area of the primary dwelling unit. If the primary dwelling unit is less than two thousand one hundred twenty-five (2,125) habitable square feet, the ADU can have a square footage of up to eight hundred fifty (850) square feet.
b.
An ADU must comply with the Accessory Use requirements of Section 7.304.21(a.—d.) of this Land Development Code.
c.
ADUs must be affixed by permanent foundation and shall not include recreational vehicles, park trailers, or travel trailers. ADUs may be modular homes, but not manufactured homes.
i.
If building type is unclear, the Building Official shall have discretion to decide its acceptability based on relevant local and state building codes and ICC regulations.
d.
The creation of an ADU shall not create a separate tax parcel, nor shall an ADU be subdivided at any point after construction.
e.
ADUs shall be located behind the front facade of the primary dwelling unit.
f.
ADUs shall have at least one (1) parking space per unit in addition to the number of parking spaces required for a single-family dwelling.
g.
No detached accessory dwelling shall be closer than five (5) feet to any other accessory building, or to the primary building, on the same parcel. The five-foot distance shall be measured from the closest point of the building walls or structure walls. Additionally, a minimum of four (4) feet shall be maintained between eave overhangs, chimneys, bay windows, or any other architectural feature.
h.
The appearance of the ADU, including, but not limited to, the color and material of the structure, shall be similar to the primary dwelling unit.
i.
ADUs shall not be more than fifteen (15) feet in height (excluding architectural appurtenances), unless the primary dwelling is more than fifteen (15) feet in height, in which case the ADU's height can be up to the height of the primary dwelling.
j.
The ADU shall not be accessed via the primary dwelling unit.
k.
The entrance to an ADU shall not be visible from any public right-of-way.
l.
A maximum of two (2) bedrooms shall be allowed per ADU.
(Ord. No. 990-2024, §§ 1, 6, 6-10-2024)