ARTICLE I. ADOPTION ARTICLE II. VALIDITY ARTICLE III. CONFLICTING RESOLUTIONS REPEALED ARTICLE IV. EFFECTIVE DATE
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1 ARTICLE I. ADOPTION ARTICLE II. VALIDITY ARTICLE III. CONFLICTING RESOLUTIONS REPEALED ARTICLE IV. EFFECTIVE DATE CHAPTER 1. PLANNING AND ZONING COMMISSION Established; Duties Organization Chairperson, Vice-Chairperson and Provisional Chairperson Quorum and Procedures for Meetings Regular and Special Meetings Promulgation of Rules, Procedures for Meetings Compensation Maintenance of Land Use Map Transmittal of Commission Results to Mayor and City Council Director of Planning and Zoning and City Engineer to Attend Meetings Planning and Zoning Commission Powers and Duties Action on Requests for Administrative Review, Special Exceptions Permits and Variances Owner's Authorization Fee for Administrative Review, Special Use Permit and Variance Applications Public Hearings on Appeals Stay of Proceedings Explanation of Decisions Appeals
2 CHAPTER 2. ZONING REGULATIONS ARTICLE A. DEFINITIONS Scope Use and Interpretation Definitions ARTICLE B. GENERAL PROVISIONS Scope and Intent Other Laws Apply Judicial and Quasi-Judicial Actions Administrative Approval Lot, Structure and Use Regulations Use, Permitted Use, Change of Use Lots Reduction of Lot Area Division of Conditionally-Zoned Parcels Uses and Structures Permitted In Yards, And Outside Storage Maintenance of Vegetation Multiple Zoning Building Separations Exceptions Nonconforming Lots, Uses and Structures Model Homes Height Limits Minimum Building Lines Encroachment on Public Rights-of-Way Large Scale Retail/Service Commercial Structures and Developments 75,000 Square Feet or Greater Purpose and Intent Number, Size and Location Criteria Site Design Guidelines and Requirements Adaptive Reuse of Properties and Store Closure Vacancy Maintenance Requirements Accessory Uses and Structures Construction of Accessories Regulations Applicable To Selected Accessory Uses and Structures Temporary Storage Units and Portable On-Demand Storage (Pods) Greenhouses Antennas Refuse Areas Animals Horses Habitable Accessory Structure
3 Non-Habitable Accessory Structure Night Sky Ordinance Purpose and Intent Conformance with Applicable Codes Applicability Outdoor Lighting Standards Special Uses Variances Submission of Plans and Evidence of Compliance Architectural Treatment of Common Aggregate Block Fences and Walls Home Occupation Outparcel Development Noise Landfills, Transfer Stations, Quarries and/or Surface Mining Sites Endangered Species Compliance Property Number/Street Address Severability Appeals ARTICLE C. ZONING TEXT, DISTRICT CLASSIFICATIONS AND BOUNDARIES Zoning Text, District Classifications and Boundaries Boundaries Zoning Text Zoning Maps Territory Added Abandonment AG-1 Agricultural District R-1 Single Family Dwelling District R-1A Urban Residential District R-L Residential Limited Single Family Dwelling District R-2 Two-Family Dwelling District R-3 Multifamily Development District R-4 Multifamily Development District R-5 Mobile Home Park District CUP Community Unit Plan District R-T Residential Townhouse District E-I Educational Institutional District M-I Medical Institutional District C-1 Neighborhood Commercial District C-2 Central Business Commercial District C-L Commercial Limited District C-R Commercial Redevelopment MIX Mixed Use District
4 O-I-T Office-Institutional-Transition District B-P Business Park District I-1 Light Industrial District I-2 Heavy Industrial District ARTICLE D. ADMINISTRATIVE PERMITS AND USE PERMITS Scope and Intent Application and Approval Application of Regulations Administrative Permits Use Permits Use Permit Considerations Additional Restrictions Administrative Permits Minimum Administrative Permit Standards Alternative Antenna Support Structure to Exceed the District Height Amateur Radio Antenna to Exceed the District Height Antenna, Tower, And Associated Structures (Radio, T.V., Microwave Broadcasting, Etc.), to Exceed the District Height Club Event, Special Indoor/Outdoor Golf Course Parking, Off-Site and Shared Recreational Court, Private Recreational Courts, Public Relocated Residential Structure Revival Tent Roadside Produce Stands Roadside Vending Seasonal Business Use Swimming Pool, Private Swimming Pool, Public Temporary Classroom Temporary Structures Utility Substations (Telephone, Electric, or Gas, Etc.) Swimming Pool, Private Veterinary Clinic/Hospital or Kennel Use Permits Minimum Use Permit Standards Adult Book Store Adult Entertainment Establishments Agricultural-Related Activities Amateur Radio Antenna to Exceed the Administrative Permit Height Amphitheaters
5 Antenna Tower, and Associated Structure (Radio, T.V., Microwave Broadcasting, Etc.), To Exceed the District Height Bed And Breakfast Cemetery and/or Mausoleum (Human or Pet) Church, Temple or Place of Worship Commercial Amusement, Outdoor Composting Convalescent Center/ Nursing Home/ Hospice Country Inn Child Day Care Center Driving Range Festivals or Events, Outdoor/Indoor Small Group Residence/Shelter (18 and older) Medium Group Residence/Shelter (18 and older) Large Group Residence/Shelter (18 and older) Congregate Group Residence/Shelter (18 and older) Small Group Residence (17 and younger) Medium Group Residence (17 and younger) Large Group Residence (17 and younger) Congregate Group Residence (17 and younger) Kennel or Outside Animal Facilities Landfill, Solid Waste Disposal Landscaping Business, Plant Nursery, or Garden Center with Indoor Retail Component Lodge, Retreat and/or Campground Medical Related Lodging Personal Care Home/Assisted Living Private Correctional Facility/Prison Recreational Fields Recycling Center, Processing Rehabilitation Centers Salvage, Storage, and/or Junk Facility School, Private or Special Self Storage/Mini Self Storage/Multi Senior Housing Skywalks Stadium (Offsite) Associated With a Private School Transfer Station, Solid Waste ARTICLE E. OFF STREET PARKING AND LOADING Scope Parking Spaces Required Basic Off-Street Parking Requirements Off-Street Parking or Loading Area Layout, Construction and Maintenance
6 Shared Parking Reduction of the Basic Requirement Straight-Line Distance from Marta Station Reduction Property Line to Applicant Property Line Administrative Reduction of Spaces Constructed Acceptable Locations for Off-Street Parking Parking and Loading Locations Limitation on Trucks Shared Driveways Off-Site Location of Required Parking Landscape Areas and Buffers Vehicles at Automotive Repair and Specialty Shops Off-Street Parking Design Requirements Angled or Parallel Parking Landscape Islands Handicapped Parking Parking for Specialized Vehicles Off-Street Loading Loading Spaces Required Design and Arrangement of Off-Street Loading Areas Off-Street Loading Location Limitations ARTICLE F. VIOLATION AND PENALTY Violation Penalty ARTICLE G. PLANS AND INSPECTIONS Single Family Dwelling Plans Inspections ARTICLE H. RESERVED Reserved ARTICLE I. APPEALS Purpose Decision Making Authority City Council Planning and Zoning Commission Director of the Planning and Zoning (P&Z) Limitation on Authority Variances Variance Considerations
7 Administrative Variance Minor Variance Primary Variance Secondary Variance/Interpretation Concurrent Variances Limitations on Concurrent Variances Application for Concurrent Variances Modifications Application for Modification Administrative Modification Appeal of an Administrative Modification Decision Zoning Modification General Procedures Applications Standing Filing Deadlines Withdrawal of Application Fees Legal Action Stayed Public Hearing Evaluations and Reports Public Notification Planning and Zoning Commission Decision on Secondary Variances/Interpretations Notice of Decisions Reconsideration of Denied Application Time Limitation on Appeals to Superior Court Expiration of Variance ARTICLE J. REZONING AND OTHER AMENDMENT PROCEDURES General Amendments Land Use Petitions Appeals to Superior Court Filing Deadlines Withdrawal Prior to Advertising Withdrawal after Advertising Petition Requirements Public Hearing and Notice Requirements Secretary Technical Evaluations and Reports Zoning Impact Analysis by the Planning And Zoning Commission And The Department
8 Zoning Impact Analysis by Applicant Environmental Reports Environmental Site Analysis (ESA) Environmental Impact Report (EIR) Review Criteria for ESA and/or EIR Traffic Impact Study Development of Regional Impact Study (DRI) Noise Study Report Community Zoning Information Meeting Conditional Development Designation Plans Zoning Maps Applicable Regulations Petition Fees ARTICLE K. INTERPRETATION, CONFLICT AND ENFORCEMENT Interpretation Conflict Enforcement Permits In Effect ARTICLE L. COMMUNITY ZONING INFORMATION MEETING Purpose Notification Implementation Results APPENDIX A.
9 CHAPTER 3. BUILDING REGULATIONS ARTICLE A. BUILDING CODE* Building Code; Procedural Amendments Definitions; Qualifications of Building Official Definitions Performance Bond Required; Exceptions Code Compliance Bond; Exceptions Penalties Responsibility for Compliance with City Ordinance, Building and Construction Codes, Construction Standards, Etc Certificate of Occupancy Reserved ARTICLE B. PLUMBING CODE Reserved Exemption of City From Application Of State Statute Reserved ARTICLE C. ELECTRICAL CODE Reserved Electrical Code; Procedural Amendments Permit Fees Remedy for Violation Permit Provisions; Submission of Plans; Notice for Inspections; Service Connection; Stopping Work; Penalties ARTICLE D. ELEVATOR LAWS* Elevator Law Adopted Reserved ARTICLE E. HEATING, VENTILATING AND AIR CONDITIONING CODE Reserved ARTICLE F. DISABILITIES ACCESSIBILITY CODE* Disabilities Accessibility Code Adopted ARTICLE G. ENERGY CODE
10 Reserved ARTICLE H. GAS CODE Reserved Reserved ARTICLE I. RESERVED* Reserved ARTICLE J. MOVING HOUSES AND OTHER OVERSIZE LOADS* Purpose Permit Requirements; Administrative Fee Permit Limits Conditions Attached To Permit Issuance Route Approval Revocation, Suspension, Denial of Application or Permit Appeals Applicability of Other City Ordinances and Regulations Variances ARTICLE K. AMUSEMENT DEVICE CODE Standard Amusement Device Code ARTICLE L. EXCAVATION AND GRADING CODE Excavation and Grading Code ARTICLE M. EXISTING BUILDINGS CODE Standard Existing Buildings Code ARTICLE N. SWIMMING POOL CODE Standard Swimming Pool Code ARTICLE O. UNSAFE BUILDING ABATEMENT CODE Standard Unsafe Building Abatement Code ARTICLE P. MULTIFAMILY RENTAL HOUSING Definitions
11 Fee and Certificate Required Failure to Provide Code Compliance Certificate Penalty for False Certification and False Inspection Repeal of Conflicting Provisions
12 CHAPTER 4. SUBDIVISION REGUALTIONS ARTICLE A. SUBDIVISION REGUALTIONS Title and Purpose Authority and Application Purpose Definitions Requirements Process Preliminary Plat Land Disturbance Permit Final Plat General Principles of the Land Suitability of the Land Access Conformance to the City Comprehensive Plan Zoning and Other Regulations Modification Administrative Variance ARTICLE B. CONSERVATION DEVELOPMENT Purposes General Regulations Application Requirements Open Space ARTICLE C. DESIGN STANDARDS FOR STREETS Streets Alignment Blocks Lots Development Streets Gated Communities Required Improvements Streets Street Grading Street Paving/Striping Curbs and Gutters Sidewalks Street Trees
13 ARTICLE D. WATER, WASTEWATER AND STORMWATER Water Supply Sanitary Sewer Management Storm Water Provisions Detention/Retention Design Storm Drain System Stenciling/Identification Sanitary and Storm Sewer Easement Plans and Construction ARTICLE E. MONUMENTS AND IRON PIPES ARTICLE F. UNDERGROUND UTILITIES ARTICLE G. STREET LIGHTS AND PEDESTRIAN LIGHTING ARTICLE H. ADMINISTRATION AND ENFORCEMENT Fees Enforcement Violation and Penalty Conflict Adoption Severability ARTICLE I. DRIVEWAY REGULATIONS Purpose Driveway Spacing Spacing of One-Way Driveways Placement of Driveways Driveway Spacing Residential Driveways Spacing of Median Crossovers Spacing of Signalized Intersections Design Criteria Design for Trucks Driveway Width Corner Radii Left Turning Control Radii Median Crossover Design Type B Median Crossover Type C Median Crossover Sight Distance Horizontal Alignment Angle of Intersection
14 Auxiliary Turn Lanes Minimum Requirements for Deceleration Lanes Deceleration Lane Design Minimum Requirements for Left Turn Lanes Left Turn Lane Design Raised Islands Right-in, Right-out Driveways Pavement Design Pedestrian Considerations Clear Zone Requirements Right of Way Requirements Signing and Marking Signing Stop Signs (R1-1) Yield Sign (R1-2) Right Lane Must Turn Right Sign (R3-7R) Speed Limit Sign (R2-1) Street Name Sign (D3-1) Roundabout Sign Stop Ahead Sign (W3-1) & Yield Ahead Sign (W3-2) Playground Sign (W15-1) Additional Signs Sign Information and Sizes Pavement Marking ARTICLE J. INFILL Definitions Public Participation Program Public Participation Plan Public Participation Plan Report Community Responsibility ARTICLE K. DEVELOPMENT REGULATIONS Scope and Intent Compliance Appeals Permit and Sign-off Requirements Land Disturbance Permit Prerequisites Prerequisite to Occupancy Permit Inspection Site Improvement Standards Off-Street Parking Interparcel Access Sidewalks, Curb and Gutter Detention/Retention
15 Compliance with Tree Protection and Landscape Ordinance Subdivision Access Minimum Setback for New Street Dams Building Setback from Pipeline Easement Burying of Construction Wastewater Pump and Lift Stations
16 CHAPTER 5. FLOOD DAMAGE PREVENTION ARTICLE A. GENERAL Findings Purpose and Intent Applicability Designation of Chapter Administrator Basis for Area of Special Flood Hazard--Flood Area Maps and Studies Compatibility with Other Regulations Severability Warning and Disclaimer of Liability Definitions Reserved ARTICLE B. PERMIT PROCEDURES AND REQUIREMENTS Permit Application Requirements Floodplain Management Plan Requirements Construction Stage Submittal Requirements Duties and Responsibilities of the Administrator Reserved ARTICLE C. STANDARDS FOR DEVELOPMENT Definition of Floodplain Boundaries Definition of Floodway Boundaries General Standards Engineering Study Requirements for Floodplain Encroachments Floodway Encroachments Maintenance Requirements Reserved ARTICLE D. PROVISIONS FOR FLOOD DAMAGE REDUCTION General Standards Building Standards for Structures and Buildings within the Future-Conditions Floodplain Building Standards for Structures and Buildings Authorized Adjacent To The Future- Conditions Floodplain Building Standards for Residential Single-Lot Developments on Streams without Established Base Flood Elevations and/or Floodway (A-Zones) Building Standards for Areas of Shallow Flooding (AO-Zones) Standards for Subdivisions Reserved
17 ARTICLE E. VARIANCE PROCEDURES Variances Reserved ARTICLE F. ENFORCEMENT Violations, Enforcement and Penalties Notice of Violation Penalties Administrative Appeal Judicial Review
18 CHAPTER 6. TREE PROTECTION AND LANDSCAPING ARTICLE A. TREE PROTECTION AND LANDSCAPING Purpose Definitions Application Requirements Time Limit on Approval Applicability Vegetation Disturbance Permit For Developed Single-Family Lot Vegetation Disturbance Permit Required Minimum Landscape Strips and Buffers Parking Lot Landscaping Landscape Requirements Required Landscape Buffer Tree Survey Required Tree Protection Plan Specifications Planning and Zoning Authority and Action on a Tree Protection Plan Tree Damage Pruning Removal of Specimen Trees Criteria for Removal of Trees Establishment of the East Point Tree Bank Appeal Procedure Severability and Conflicts Appendix A Density Factor Analysis Appendix B Landscaping and Tree Species Selection List Appendix C Formula for Determining Contributions to East Point Tree Bank
19 CHAPTER 7. SIGNS ARTICLE A Purpose and Findings Definitions Powers and Duties Applicability Permit Required Application for Permit Denial, Revocation, Suspension and Variance Identification Labels Occupational Tax Certificate, Public Liability Insurance Required Prohibited Signs Signs Which Require No Permit Exceptions Violations; Penalties General Sign Regulations Removal of Unlawful Or Dangerous Signs Sign Specifications Sign Regulations by Zoning District Severability
20 CHAPTER 8. UNIFORM ROADWAY ADDRESSING SYSTEM ARTICLE A Purpose and Intent Definitions Address Numbers Subdivisions and Other New Developments Private Roadway Naming Changing of Existing Roadway Names and Addresses Roadway and Thoroughfare Designation Suffixes Street Signs Administration and Enforcement Appeals Penalties
21 CHAPTER 9. CONDITION AND USE OF COMMERCIAL AND INDUSTRIAL BUILDINGS Findings Purpose Definitions Applicability Administrative Provisions Penalties Duties and Responsibilities of Owner and Operator Purpose
22 CHAPTER 10. SOIL EROSION & SEDIMENTATION CONTROL* ARTICLE A Reserved Title Definitions Exemptions Minimum Requirements for Erosion and Sedimentation Control Using Best Management Practices Application/Permit Process Inspection and Enforcement Penalties and Incentives Education and Certification Administrative Appeal Judicial Review Effective Date, Validity and Liability Repeal Conflicting Ordinances
23 CHAPTER 11. STORMWATER MANAGEMENT ARTICLE A. POST-DEVELOPMENT STORMWATER MANAGEMENT FOR NEW DEVELOPMENT AND REDEVELOPMENT DIVISION 1. GENERALLY Findings Purpose and Intent Applicability Designation of Article Administrator Compatibility with Other Regulations Severability Stormwater Design Manual Definitions Reserved DIVISION 2. PERMIT PROCEDURES AND REQUIREMENTS Stormwater Concept Plan and Consultation Meeting Permit Application Requirements Stormwater Management Plan Requirements Stormwater Management Inspection and Maintenance Agreements Performance and Maintenance Bonds Application Procedure Application Review Fees Modifications for Off-Site Facilities DIVISION 3. POST-DEVELOPMENT STORMWATER MANAGEMENT PERFORMANCE CRITERIA Water Quality Stream Channel Protection Overbank Flooding Protection Extreme Flooding Protection Structural Stormwater Controls Stormwater Credits for Nonstructural Measures Drainage System Guidelines Dam Design Guidelines Reserved DIVISION 4. CONSTRUCTION INSPECTIONS OF POST-DEVELOPMENT STORMWATER MANAGEMENT SYSTEM
24 Final Inspection and As Built Plans Inspections to Ensure Plan Compliance During Construction Reserved DIVISION 5. ONGOING INSPECTION AND MAINTENANCE OF STORMWATER FACILITIES AND PRACTICES Long-Term Maintenance Inspection of Stormwater Facilities and Practices Right-Of-Entry for Inspection Records of Maintenance Activities Failure to Maintain Reserved DIVISION 6. ENFORCEMENT Violations, Enforcement and Penalties Notice of Violation Penalties Administrative Appeal Judicial Review Reserved ARTICLE B. ILLICIT DISCHARGES AND ILLEGAL CONNECTIONS DIVISION 1. GENERALLY Findings Purpose and Intent Applicability Compatibility with Other Regulations Severability Responsibility for Administration Definitions Reserved DIVISION 2. PROHIBITIONS Prohibition of Illegal Connections Prohibition of Illicit Discharges Reserved DIVISION 3. INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES Compliance with Permit Reserved
25 DIVISION 4. ACCESS AND INSPECTION OF PROPERTIES AND FACILITIES Right of Entry Reserved DIVISION 5. NOTIFICATION OF ACCIDENTAL DISCHARGES AND SPILLS Notification Required Reserved DIVISION 6. VIOLATIONS, ENFORCEMENT, PENALTIES AND APPEALS Violations Notice of Violation Penalties Violations Deemed a Public Nuisance Remedies Not Exclusive Attorneys' Fees and Other Costs Administrative Appeal Judicial Review
26 CHAPTER 12. STREAM BUFFER PROTECTION ARTICLE A. IN GENERAL Title Findings Purposes Definitions Applicability Grandfather Provisions Exemptions Severability Repeal of Existing Ordinances Reserved ARTICLE B. LAND DEVELOPMENT AND OTHER REQUIREMENTS Buffer and Setback Requirements Variance Procedures Compatibility with Other Buffer Regulations and Requirements Additional Information Requirements for Development on Buffer Zone Properties Responsibility Inspection Reserved ARTICLE C. VIOLATIONS, ENFORCEMENT, PENALTIES AND APPEALS Violations Notice of Violation Penalties Administrative Appeal Judicial Review
27 CHAPTER 13. ENTERPRISE ZONES ARTICLE A Definitions Purpose and Scope Criteria and Boundaries of Enterprise Zone Qualifications and Incentives; Qualifying Business Terms of Duration Administration Application Separate Business Locations Record of Exemption to be Maintained Severability Liability Effective Date
28 CHAPTER 14. OVERLAY DISTRICTS ARTICLE A Overlay District Authority Purpose and Intent Definitions Certificates of Endorsement Maintenance of Properties Building Code and Zoning Provisions Interpretation, Violations, Enforcement and Penalty Provisions ARTICLE B: DOWNTOWN ARCHITECTURAL OVERLAY DISTRICT Downtown Architectural Overlay District Downtown Architectural Review Board Transitional Yards Between Uses Design Review Process Development Standards Landscaping Screening and Fencing Pedestrian Safety Site Lighting for Parking Lots, Pedestrian Paths, and Public Entrances Building Size, Orientation, Setback, Height, Scale and Parking Building and Other Structure Design Severability ARTICLE C. CLEVELAND AVENUE OVERLAY DISTRICT Intention Public Framework Private Framework Public Framework Definitions Guidelines Parks and Trails Gateways Private Framework Townhomes Multi-Family Office Retail/ Mixed-Use Big Box
29 CHAPTER 15. CEMETERY PRESERVATION Cemeteries Findings and Intent Definitions Exemption for Identification of Burial Grounds Notification of Disturbed Burial Ground Cemetery Buffer Access to Burial Grounds Prohibited Acts Permit Application and Additional Requirements Fees Violations and Penalties; Abatement of Nuisance
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