ARTICLE C. ZONING TEXT, DISTRICT CLASSIFICATIONS AND BOUNDARIES

Transcription

1 ARTICLE C. ZONING TEXT, DISTRICT CLASSIFICATIONS AND BOUNDARIES Sec ZONING TEXT, DISTRICT CLASSIFICATIONS AND BOUNDARIES. In order to regulate the location of structures, the height and bulk of structures, the use and intensity of use of lots and structures, and to regulate open spaces and aesthetics, East Point is divided into zoning districts which are individually described in this Ordinance. Those districts are set forth below. Within the listing are individual zoning districts which are no longer active but which continue to apply to properties zoned in those classifications. AG-1 Agricultural District C-1 Neighborhood Commercial R-1 Single Family Residential C-2 Central Business District R-1A Urban Residential CL Commercial Limited R-L Residential Limited CR Commercial Redevelopment R-2 Two Family Dwelling District MIX Mixed Use District R-3 Multi-Family Residential B-P Business Park R-4 Multi-Family Residential I-1 Light Industrial CUP Community Unit Plan District I-2 Heavy Industrial R-T Residential Townhome E-I Educational Institutional M-I Medical Institutional Sec BOUNDARIES The boundaries of the several zoning districts are shown on the East Point zoning maps. Street rights-of-way shall serve as district boundaries adjoining property lines, and all such right-of- ways shall not be zoned. Inconsistencies between legal boundary descriptions submitted at the time of rezoning and lot lines identified from more recent surveys shall be interpreted to attach the zoning to the legal lot. Sec ZONING TEXT The official text of the East Point Zoning Ordinance shall be kept on file by the Clerk to the City Council. The Planning and Community Development Department shall provide all City departments with copies of amendments within 15 days of approval by the City Council, and shall provide a subscription and update service for the public. Sec ZONING MAPS Page 1 of 100

2 The East Point zoning maps and all information contained thereon are part of this Ordinance and have the same force and effect as if fully set forth and/or described herein. The zoning maps are on file with the Planning and Community Development Department. Sec TERRITORY ADDED All unincorporated territory which may be annexed to East Point or which may be incorporated from a municipality within the county shall be classified in the R-1, Single Family District until, as applicable, the territory may be more appropriately zoned by the City Council based upon a Staff recommendation with consideration given to the suggestion of the Comprehensive Plan Land Use Map and/or zonings of adjacent properties in East Point. Sec ABANDONMENT Whenever any street, alley, or other public way is abandoned by East Point or by the State of Georgia, the zoning district adjoining such street, alley or public way shall be extended to the center of such public way. Page 2 of 100

3 Sec AG-1 AGRICULTURAL DISTRICT AG-1 DISTRICT SCOPE AND INTENT. Regulations set forth in this Article are the AG-1 District regulations. Article D should be consulted to determine uses and minimum standards for uses allowed by Administrative or Use Permit. The AG-1 District is intended to encompass lands devoted to a wide range of uses including individual parcels devoted to low density residential use, single-family subdivisions, agricultural and closely related uses. USE REGULATIONS. Within the AG-1 District, land and structures shall be used in accordance with standards herein. Any use not specifically designated as a permitted use in this section or as a use allowed by Administrative Permit or Use Permit shall be prohibited. A. PERMITTED USES A building or property may be used for only the following purposes: 1. Single-family detached dwelling. 2. Agriculture, general and specialized farming, including: horticulture, plant nursery, greenhouse, dairy farming, livestock raising and poultry raising provided, however, that buildings used for housing animals must be at least 100 feet from all property lines. 3. Community garden, landscaping business, plant nursery, or garden center with indoor retail component. See for applicable standards. 4. Roadside stand for the sale of agricultural products produced on the property. 5. Riding Stable other than accessory, provided buildings housing animals are at least 100 feet from all property lines and the lot is not less than ten 10 acres. Standards for keeping horses other than for a non-accessory Public Riding Stable are the same as the standards contained in Section pertaining to the keeping of horses in a single family dwelling district. 6. Kennel, Veterinary Hospital or Veterinary Clinic, provided buildings housing animals are fully enclosed and at least 100 feet from all property lines; and pens, runs, etc. which are not located in a fully enclosed building are at least 200 feet from all property lines. B. ACCESSORY USES 1. Accessory uses and structures: Page 3 of 100

4 a. Accessory uses and structures incidental to any permitted use are allowed as defined by Accessory Uses and Structures. b. Revival tents are allowed via an administrative permit accessory to an existing church, temple, or place of worship. c. For sale, for rent, or for lease signs are allowed in accordance with sign regulations in Chapter 7, Signs. C. USES PERMITTED THROUGH ADMINISTRATIVE PERMIT The following uses may be permitted per the procedures and standards set forth in Article D, Section et. seq. in the AG-1 District: Alternative antenna support structure Amateur radio antenna Antenna tower, and associated structures (radio. T.V., microwave broadcasting, etc.) Community garden, landscaping business, plant nursery, or garden center with indoor retail component Driving Range (not associated with a golf course) Film Production Golf course Outdoor event, small in conjunction with certain institutional uses or for the benefit of charity Recreational Court, private Relocated residential structure Seasonal business use Swimming pool, private Temporary structures Utility substations Bed and Breakfast D. USES PERMITTED THROUGH USE PERMIT The following uses may be permitted per the procedures and standards set forth in Article D, Section et. seq. in the AG-1 District: Amateur radio antenna to exceed the administrative permit height Amphitheaters Antenna tower and associated structure (radio, T.V., microwave broadcasting, etc.) Page 4 of 100

5 Cemetery and/or mausoleum (human or pet) Church, Temple or Place of Worship Lodge, retreat, campground Outdoor Event, Large Recreational fields School, private or special Skywalks Stadium (offsite) associated with a private school OTHER REGULATIONS The headings below contain provisions applicable to uses allowed in the AG-1 District: Chapter 2 Zoning Regulations Chapter 3 Building Code Regulations Chapter 4 Subdivision Regulations Chapter 5 Flood Damage Prevention Chapter 6 Tree Protection and Landscape Ordinance Chapter 7 Signs Chapter 8 Uniform Roadway Addressing System Chapter 9 Condition and Use of Commercial and Industrial Buildings Chapter 10 Soil Erosion and Sedimentation Control Chapter 11 Stormwater Management Chapter 12 Stream Buffer Protection Chapter 13 Enterprise Zones Chapter 14 Overlay Districts Page 5 of 100

6 Sec R-1 SINGLE FAMILY DWELLING DISTRICT DISTRICT SCOPE AND INTENT. Regulations set forth in this Section are the R-1 District regulations. Article D should be consulted to determine uses and minimum standards for uses allowed by Administrative Permit or Use Permit. The R-1 District encompasses lands devoted to low density residential areas and closely related uses or as a use allowed by Administrative Permit or Use Permit. USE REGULATIONS. Within the R-1 District, land and structures shall be used in accordance with standards herein. Any use not specifically designated as a permitted use in this section or as a use allowed by Administrative Permit or Use Permit shall be prohibited. A. PERMITTED USES Structures and land may be used for only the following purposes: 1. Single-family detached dwelling 2. Family daycare home a. Home occupation license required. B. ACCESSORY USES 1. Accessory uses and structures: a. Accessory uses and structures incidental to any permitted use are allowed as defined by Accessory uses and Structures. b. Revival tents are allowed via an administrative permit accessory to an existing church, temple or place of worship. c. For sale, for rent, or for lease signs are allowed in accordance with sign regulations found in Chapter 7, Signs. C. USES PERMITTED THROUGH ADMINISTRATIVE PERMIT The following uses may be permitted per the procedures and standards set forth in Article D. Section et. seq. in the R-1 District: Alternative antenna support structure Amateur radio antenna Community garden, landscaping business, plant nursery, or garden center with indoor Page 6 of 100

7 Driving Range (not associated with a golf course) Film production Golf course Outdoor event, small in conjunction with certain institutional uses or for the benefit of charity Recreational Court, private Relocated residential structure Swimming pool, private Temporary structure Utility substations D. USES PERMITTED THROUGH USE PERMIT The following uses may be permitted per the procedures and standards set forth in Article D. Section et. seq. in the R-1 District: Amateur radio antenna to exceed the administrative permit height Antenna tower and associated structure (radio, T.V., microwave broadcasting, etc.) Cemetery and/or mausoleum (human and pet) Church, Temple or Place of Worship Habitable Accessory Structure Recreational fields Schoo1, private or special Stadium (offsite) associated with a private school. E. DEVELOPMENT STANDARDS A. Height Regulations - No building shall exceed thirty (30) feet in height. B. Minimum Front Yard Setback - 45 feet C. Minimum Side Yard Setback - 8 feet adjacent to interior line - 8 feet adjacent to street D. Minimum Rear Yard Setback - 30 feet E. Minimum Lot Area 10,000 square feet Page 7 of 100

8 F. Minimum Width of Lot Frontage or Width at Building Line 75 feet G. Minimum Heated Floor Area -1,000 square feet on ground level for less than two story -1,500 square feet for two story or more than two story with 900 square feet on ground floor H. Minimum Accessory Structure Requirements Accessory structures may be located in the rear or side yards only but shall not be located within a setback. Habitable accessory structures must be constructed with materials similar as those of the principal structure. I. Conservation Subdivision The development standards of a conservation subdivision shall be in accordance with Chapter 4 of the East Point Subdivision Regulations. OTHER REGULATIONS. The headings below contain provisions applicable to uses allowed in the R-1 District: Chapter 2 Zoning Regulations Chapter 3 Building Code Regulations Chapter 4 Subdivision Regulations Chapter 5 Flood Damage Prevention Chapter 6 Tree Protection and Landscape Ordinance Chapter 7 Signs Chapter 8 Uniform Roadway Addressing System Chapter 9 Condition and Use of Commercial and Industrial Buildings Chapter 10 Soil Erosion and Sedimentation Control Chapter 11 Stormwater Management Chapter 12 Stream Buffer Protection Chapter 13 Enterprise Zones Chapter 14 Overlay Districts Page 8 of 100

9 Sec R-1A URBAN RESIDENTIAL DISTRICT R-1A DISTRICT SCOPE AND INTENT. Regulations set forth in this Section are for the R-1A District regulations. Article D should be consulted to determine uses and minimum standards for uses allowed by Administrative Permit or Use Permit. The R-1A District is intended to provide land areas devoted to medium density residential areas and closely related uses. The District also provides for closely related uses or as a use allowed by Administrative Permit or Use Permit. USE REGULATIONS. Within the R-1A District, land and structures shall be used in accordance with standards herein. Any use not specifically designated as a permitted use in this section or as a use allowed by Administrative Permit or Use Permit shall be prohibited. A. PERMITTED USES Structures and land may be used for only the following purposes: 1. Single-family detached dwelling 2. Family daycare home a. Home occupation license required B. ACCESSORY USES 1. Accessory uses and structures: a. Accessory uses and structures incidental to any permitted use are allowed as defined by Accessory Uses and Structures. b. Revival tents are allowed via an administrative permit accessory to an existing church, temple or place of worship. c. For sale, for rent, or for lease signs are allowed in accordance with sign regulations found in Chapter 7, Signs. C. USES PERMITTED THROUGH ADMINISTRATIVE PERMIT The following uses may be permitted per the procedures and standards set forth in Article D, Section et. seq. in the R-1A District: Alternative antenna support structure Amateur radio antenna Community garden, landscaping business, plant nursery, or garden Page 9 of 100

10 center with indoor retail component Driving Range (not associated with a golf course) Film production Golf course Outdoor event, small in conjunction with certain institutional uses or for the benefit of charity Recreational Court, private Swimming pool, private Temporary structures Utility substations D. USES PERMITTED THROUGH USE PERMIT The following uses may be permitted per the procedures and standards set forth in Article D, Section et. seq. in the R-1A District: Amateur radio antenna to exceed the administrative permit height Antenna tower, and associated structure (radio. T.V., microwave broadcasting, etc.) Church, Temple, or Place of Worship Habitable Accessory Structure Recreational fields School, private or special Stadium (offsite) associated with a private school E. DEVELOPMENT STANDARDS A. Height Regulations - No building shall exceed thirty-five feet (35) in height. B. Minimum Front Yard Setback - 30 feet C. Minimum Side Yard Setback feet adjacent to interior line - 8 feet adjacent to street D. Minimum Rear Yard Setback - 20 feet Page 10 of 100

11 E. Minimum Lot Area - 7,500 square feet F. Minimum Width of Lot Frontage or Width at Building Line 50 feet G. Minimum Heated Floor Area square feet on ground level for less than two-story -1,300 square feet for two-story or more than two-story with 1,000 square feet on ground floor H. Minimum Accessory Structure Requirements - Accessory structures may be located in the rear or side yards only but shall not be located within a setback. Accessory structures must be constructed of materials similar as those of the principal structure. I. Conservation Subdivision The development standards of a conservation subdivision shall be in accordance with Chapter 4 of the East Point Subdivision Regulations. OTHER REGULATIONS. The headings below contain provisions applicable to the R1-A District: Chapter 2 Zoning Regulations Chapter 3 Building Code Regulations Chapter 4 Subdivision Regulations Chapter 5 Flood Damage Prevention Chapter 6 Tree Protection and Landscape Ordinance Chapter 7 Signs Chapter 8 Uniform Roadway Addressing System Chapter 9 Condition and Use of Commercial and Industrial Buildings Chapter 10 Soil Erosion and Sedimentation Control Chapter 11 Stormwater Management Chapter 12 Stream Buffer Protection Chapter 13 Enterprise Zones Chapter 14 Overlay Districts Page 11 of 100

12 Sec R-L RESIDENTIAL LIMITED SINGLE FAMILY DWELLING DISTRICT R-L DISTRICT SCOPE AND INTENT. R-L Single Family District is established to provide locations for land areas devoted to low density residential uses and closely related uses. Article D should be consulted to determine uses and minimum standards for uses allowed by Administrative Permit or Use Permit. USE REGULATIONS. Within R-L District, land and structures shall be used in accordance with standards herein. Any use not specifically designated as a permitted use in this section or as a use allowed by Administrative Permit or Use Permit shall be prohibited. A. PERMITTED USES Structures and land may be used for only the following purposes: 1. Single-family detached dwelling 2. Family daycare home a. Home occupation license required B. ACCESSORY USES 1. Accessory uses and structures: a. Accessory uses and structures incidental to any permitted use are allowed as defined by Accessory Uses and Structures. b. Revival tents are allowed via an administrative permit accessory to an existing church, temple or place of worship. c. For sale, for rent, or for lease signs are allowed in accordance with sign regulations found in Chapter 7, Signs. C. USES PERMITTED THROUGH ADMINISTRATIVE PERMIT The following uses may be permitted per the procedures and standards set forth in Article D. Section et. seq. in the R-L District: Alternative antenna support structure Amateur radio antenna Community garden, landscaping business, plant nursery, or garden center with indoor retail component Driving Range (not associated with a golf course) Film Production Page 12 of 100

13 Golf Course Outdoor event, small in conjunction with certain institutional uses or for the benefit of charity Recreational Court, private Revival tent when associated with existing place of worship Swimming pool, private Temporary structures Utility substations D. USES PERMITTED THROUGH USE PERMIT The following uses may be permitted per the procedures and standards set forth in the Article D. Section et. seq. in the R-L District: Amateur radio antenna to exceed the administrative permit height Antenna tower, and associated structure (radio, T.V., microwave broadcasting, etc.) Church, Temple or Place of Worship Habitable Accessory Structure Recreational fields School, private or special Stadium (offsite) associated with a private school E. DEVELOPMENT STANDARDS A. Height Regulations - No building shall exceed thirty (30) feet height. B. Minimum Front Yard Setback - 45 feet C. Minimum Side Yard Setback 15 feet D. Minimum Rear Yard Setback - 40 feet E. Minimum Lot Area 18,000 square feet F. Minimum Width of Lot Frontage or Width at Building Line 100 feet G. Minimum Heated Floor Area - Page 13 of 100

14 -1,600 square feet on ground level for less than two-story -1,800 square feet for two-story or more than two-story with 1,050 square feet on ground floor H. Minimum Accessory Structure Requirements Accessory structures may be located in the rear or side yards only but shall not be located within a setback. Accessory structures must be constructed of materials similar as those of the principal structure. I. Conservation Subdivision The development standards of a conservation subdivision shall be in accordance with Chapter 4 of the East Point Subdivision Regulations. OTHER REGULATIONS. The headings below contain provisions applicable to the R-L District: Chapter 2 Zoning Regulations Chapter 3 Building Code Regulations Chapter 4 Subdivision Regulations Chapter 5 Flood Damage Prevention Chapter 6 Tree Protection and Landscape Ordinance Chapter 7 Signs Chapter 8 Uniform Roadway Addressing System Chapter 9 Condition and Use of Commercial and Industrial Buildings Chapter 10 Soil Erosion and Sedimentation Control Chapter 11 Stormwater Management Chapter 12 Stream Buffer Protection Chapter 13 Enterprise Zones Chapter 14 Overlay Districts Page 14 of 100

15 Sec R-2 TWO-FAMILY DWELLING DISTRICT R-2 DISTRICT SCOPE AND INTENT. Regulations set forth in this Section are the R-2 District regulations. Article D should be consulted to determine uses and minimum standards for uses allowed by Administrative Permit or Use Permit. The R-2 District is intended to provide land areas devoted to medium density residential uses. The District also provides for closely related uses. Land areas zoned R-2 are further intended to provide a transition between low and high density dwelling areas or between low density dwelling areas and non-residential areas. USE REGULATIONS. Within the R-2 District, land and structures shall be used in accordance with standards herein. Any use not specifically designated as a permitted use in this section or as a use allowed by Administrative Permit or Use Permit shall be prohibited. A. PERMITTED USES Structures and land may be used for only the following purposes: 1. Single-family detached dwelling 2. Two-family dwelling. 3. Family daycare home a. Home occupation license required B. ACCESSORY USES 1. Accessory uses and structures: a. Accessory uses and structures incidental to any permitted use are allowed as defined by Accessory Uses and Structures. b. Revival tents are allowed via an administrative permit accessory to an existing church, temple or place of worship. c. For sale, for rent, or for lease signs are allowed in accordance with sign regulations found in Chapter 7, Signs. C. USES PERMITTED THROUGH ADMINISTRATIVE PERMIT The following uses may be permitted per the procedures and standards set forth in Article D, Section et seq. in the R-2 District: Alternative antenna support structure Page 15 of 100

16 Amateur radio antenna Community garden, landscaping business, plant nursery, or garden center with indoor retail component Driving Range (not associated with a golf course) Film Production Golf course Outdoor event, small in conjunction with certain institutional uses or for the benefit of charity Recreational court, private Relocated residential structure Swimming pool, private Temporary structures Utility substations D. USES PERMITTED THROUGH USE PERMIT ONLY The following uses may be permitted per the procedures and standards set forth in Article D, Section et seq. in the R-2 District: Amateur radio antenna to exceed the administrative permit height Antenna tower and associated structure (radio, T.V., microwave broadcasting, etc.) Church, Temple or Place of Worship Habitable Accessory Structure Recreational fields School, private or special Stadium (offsite) associated with a private school E. DEVELOPMENT STANDARDS. A. Height Regulations -No building shall exceed thirty-five feet (35) in height. B. Minimum Front Yard Setback - 35 feet C. Minimum Side Yard Setback - 6 feet adjacent to interior line - 15 feet adjacent to street Page 16 of 100

17 D. Minimum Rear Yard Setback - 25 feet E. Minimum Lot Area -Single family 8,500 square feet -Two-family 9,400 square feet F. Minimum Width of Lot Frontage or Width at Building Line 60 feet G. Minimum Heated Floor Area -Single Family - 1,100 square feet on ground level for less than two story 1,300 square feet for two-story or more than two-story with 900 square feet on ground floor -Two Family 1000 square feet on ground level per unit for less than two story 1,800 square feet for two-story or more than two-story with 1000 square feet on ground floor H. Minimum Accessory Structure Requirements Accessory structures may be located in the rear or side yards only but shall not be located within a setback. Accessory structures must be constructed of materials similar as those of the principal structure. OTHER REGULATIONS. The headings below contain provisions applicable to the R-2 District: Chapter 2 Zoning Regulations Chapter 3 Building Code Regulations Chapter 4 Subdivision Regulations Chapter 5 Flood Damage Prevention Chapter 6 Tree Protection and Landscape Ordinance Chapter 7 Signs Chapter 8 Uniform Roadway Addressing System Chapter 9 Condition and Use of Commercial and Industrial Buildings Chapter 10 Soil Erosion and Sedimentation Control Chapter 11 Stormwater Management Page 17 of 100

18 Chapter 12 Stream Buffer Protection Chapter 13 Enterprise Zones Chapter 14 Overlay Districts Page 18 of 100

19 Sec R-3 MULTIFAMILY DEVELOPMENT DISTRICT DISTRICT SCOPE AND INTENT. Regulations set forth in this Section are the R-3 District regulations. Article D should be consulted to determine uses and minimum standards for uses allowed by Administrative Permit or Use Permit. The R-3 District is intended to provide land areas devoted to medium to high density residential uses. The District also provides for closely related uses. USE REGULATIONS. Within the R-3 District, land and structures shall be used in accordance with standards herein. Any use not specifically designated as a permitted use in this section or as a use allowed by Administrative Permit or Use Permit shall be prohibited. A. PERMITTED USES Structures and land may be used for only the following purposes: 1. Single-family detached dwelling 2. Two-family dwelling 3. Multi-family dwelling 4. Family daycare home a. Home occupation license required B. ACCESSORY USES 1. Accessory uses and structures: a. Accessory uses and structures incidental to any permitted use are allowed as defined by Accessory Uses and Structures. b. Accessory uses and structures incidental to any permitted use are allowed including but not limited to pools, cabanas, clubhouses, recreational fields, carwashes, dog parks, and any other common areas c. Revival tents are allowed via an administrative permit accessory to an existing church, temple or place of worship. d. For sale, for rent, or for lease signs are allowed in accordance with sign regulations found in Chapter 7, Signs. C. USES PERMITTED THROUGH ADMINISTRATIVE PERMIT The following uses may be permitted per the procedures and standards set forth in Article D, Section et seq. in the R-3 District: Page 19 of 100

20 Alternative antenna support structure Amateur radio antenna Community garden, landscaping business, plant nursery, or garden center with indoor retail component Driving Range (not associated with a golf course) Film productions Golf course Outdoor event, small in conjunction with certain institutional uses or for the benefit of charity Recreational court, private Relocated residential structure Senior Housing Swimming pool, private Temporary structures Utility substations D. USES PERMITTED THROUGH USE PERMIT ONLY The following uses may be permitted per the procedures and standards set forth in Article D, Section et seq. in the R-3 District: Amateur radio antenna to exceed the administrative permit height Antenna tower and associated structures (radio, T.V., microwave broadcasting, etc.) Church, Temple, or Place of Worship Habitable Accessory Structure School, private or special Stadium (offsite) associated with a private school E. DEVELOPMENT STANDARDS. A. Height Regulations Single family - No building shall exceed thirty-five (35) feet in height Two-family - No building shall exceed thirty-five (35) feet in height Multi-family- No building shall exceed forty (40) feet in height B. Minimum Front Yard Setback - 35 feet Page 20 of 100

21 C. Minimum Side Yard Setback- 6 feet adjacent to interior line 6 feet adjacent to street D. Minimum Rear Yard Setback - 25 feet E. Minimum Lot Area- Single Family 8500 sq. ft. Two-family 9400 sq. ft. Multi-family 14,400 sq. ft. F. Minimum Width of Lot Frontage or Width at Building Line Single Family 60 feet Two-family 60 feet G. Minimum Heated Floor Area 1,600 square feet on ground level for less than two-story 1,800 square feet for two-story or more than two-story with 1,050 square feet on ground floor H. Minimum Accessory Structure Requirements Accessory structures may be located in the rear or side yards only but shall not be located within a minimum yard. I. Multifamily Conservation. Page 21 of 100

22 TABLE INSET: Multifamily, townhome, and condominium projects shall be required to place in a conservation easement which will be dedicated to the HOA and/or property maintenance firm, prior to the issuance of a land disturbance permit a minimum of twenty-five (25) percent of the project area reserved as open and/or green space when developing undeveloped property. New projects on undeveloped property must include seven (7) of the required amenities. The regulations set forth in this section supplement regulations for the R-3 Multifamily Residential District regulations set forth elsewhere in this chapter. 1. Amenity Package Requirements: a. Multi-family, town home and condominium projects shall include an amenity package of two (2) or more amenities. Amenities shall be defined as "a feature that increases the attractiveness or value of a project." These amenities shall include but not be limited to: 1. Pool and cabana; 2. Majority (51%) masonry materials in combination including brick, stone or hard coat stucco; 3. Enhanced landscaping; 4. Clubhouse with meeting rooms and/or exercise facilities; 5. Significant recreational opportunities - swimming pool(s), water park, lighted tennis courts, basketball courts, playground, tot lots, baseball field, soccer/football field, walking track with exercise stations; 6. Benches, architectural lighting, bike racks, and gazebos; 7. Ponds/enhanced detention facilities; 8. Mixture of Uses within the development; and 9. Trails. b. Projects are eligible for density bonuses based on the following: Three (3) or more amenities Density Bonus = 5% Five (5) or more amenities Density Bonus = 15% Seven (7) or more amenities Density Bonus = 20% Nine (9) or more amenities Density Bonus = 30% Page 22 of 100

23 OTHER REGULATIONS. The headings below contain provisions applicable to the R-3 District: Chapter 2 Zoning Regulations Chapter 3 Building Code Regulations Chapter 4 Subdivision Regulations Chapter 5 Flood Damage Prevention Chapter 6 Tree Protection and Landscape Ordinance Chapter 7 Signs Chapter 8 Uniform Roadway Addressing System Chapter 9 Condition and Use of Commercial and Industrial Buildings Chapter 10 Soil Erosion and Sedimentation Control Chapter 11 Stormwater Management Chapter 12 Stream Buffer Protection Chapter 13 Enterprise Zones Chapter 14 Overlay Districts Page 23 of 100

24 Sec R-4 MULTIFAMILY DEVELOPMENT DISTRICT DISTRICT SCOPE AND INTENT. Regulations set forth in this Section are the R-4 District regulations. Article D should be consulted to determine uses and minimum standards for uses allowed by Administrative Permit or Use Permit. The R-4 District is intended to provide land areas devoted to high density residential areas of single family, two-family and multifamily dwellings. The District also provides for closely related uses. USE REGULATIONS. Within the R-4 District, land and structures shall be used in accordance with standards herein. Any use not specifically designated as a permitted use in this section or as a use allowed by Administrative Permit or Use Permit shall be prohibited. A. PERMITTED USES Structures and land may be used for only the following purposes: 1. Single-family detached dwelling 2. Two-family dwellings 3. Multi-family dwellings 4. Family daycare home a. Home occupation license required B. ACCESSORY USES 1. Accessory uses and structures: a. Accessory uses and structures incidental to any permitted use are allowed as defined by Accessory Uses and Structures. b. Accessory uses and structures incidental to any permitted use is allowed including but not limited to pools, cabanas, clubhouses, recreational fields, carwashes, dog parks, and any other common areas c. Revival tents are allowed via an administrative permit accessory to an existing church, temple or place of worship. d. For sale, for rent, or for lease signs are allowed in accordance with sign regulations found in Chapter 7, Signs. C. USES PERMITTED THROUGH ADMINISTRATIVE PERMIT Page 24 of 100

25 The following uses may be permitted per the procedures and standards set forth in Article D, Section et seq. in the R-4 District: Alternative antenna support structure Amateur radio antenna Community garden, landscaping business, plant nursery, or garden center with indoor retail component Driving Range (not associated with a golf course) Film production Golf course Outdoor event, small in conjunction with certain institutional uses or for the benefit of charity Recreational court, private Relocated residential structure Swimming pool, private Temporary structures Utility substations Senior Housing D. USES PERMITTED THROUGH USE PERMIT ONLY The following uses may be permitted per the procedures and standards set forth in Article D, Section et seq. in the R-4 District: Amateur radio antenna to exceed the administrative permit height Antenna tower and associated structures (radio, T.V., microwave broadcasting, etc.) Cemetery and/or mausoleum (human or pet) Church, Temple, or Place of Worship Habitable Accessory Structure School, private or special Stadium (offsite) associated with a private school E. DEVELOPMENT STANDARDS. A. Height Regulations - No building shall exceed forty (40) feet in height. B. Minimum Front Yard Setback - 35 feet C. Minimum Side Yard Setback Page 25 of 100

26 Single Family Dwelling- 6 feet Two or More Family Dwelling- 6 feet (lots less than 17,000 sq. ft.) Two or More Family Dwelling- 6 feet (lots less than 20,000 sq. ft.) D. Minimum Rear Yard Setback - 15 feet E. Minimum Lot Area Single Family 8,500 sq. ft. Two-family 12,000 sq. ft. Multifamily 20,000 sq. ft. F. Minimum Width of Lot Frontage or Width at Building Line Single Family 50 feet Two-family 50 feet G. Minimum Heated Floor Area 1,000 square feet on ground level for less than two-story 1,100 square feet for two-story or more than two-story with 800 square feet on ground floor H. Minimum Accessory Structure Requirements Accessory structures may be located in the rear or side yards only but shall not be located within a minimum yard. I. Multifamily Conservation. Multifamily, townhome, and condominium projects shall be required to place in a conservation easement which will be dedicated to the HOA and/or property maintenance firm, prior to the issuance of a land disturbance permit a minimum of twenty-five (25) percent of the project area reserved as open and/or green space when developing undeveloped property. New Page 26 of 100

27 projects on undeveloped property must include seven (7) of the required amenities. The regulations set forth in this section supplement regulations for the R-4 Multifamily Residential District regulations set forth elsewhere in this chapter. 1. Amenity Package Requirements: a. Multi-family, town home and condominium projects shall include an amenity package of two (2) or more amenities. Amenities shall be defined as "a feature that increases the attractiveness or value of a project." These amenities shall include but not be limited to: 1. Pool and cabana; 2. Majority (51%) masonry materials in combination to include brick, stone, or hard coat stucco; 3. Enhanced landscaping; 4. Clubhouse with meeting rooms and/or exercise facilities; 5. Significant recreational opportunities - swimming pool(s), water park, lighted tennis courts, basketball courts, playground, tot lots, baseball field, soccer/football field, walking track with exercise stations; 6. Benches, architectural lighting, bike racks, and gazebos; 7. Ponds/enhanced detention facilities; 8. Mixture of Uses within the development; and 9. Trails. b. Projects are eligible for density bonuses based on the following: TABLE INSET: Three (3) or more amenities Density Bonus = 5% Five (5) or more amenities Density Bonus = 15% Seven (7) or more amenities Density Bonus = 20% Nine (9) or more amenities Density Bonus = 30% OTHER REGULATIONS. The headings below contain provisions applicable to the R-4 District: Chapter 2 Zoning Regulations Chapter 3 Building Code Regulations Chapter 4 Subdivision Regulations Page 27 of 100

28 Chapter 5 Flood Damage Prevention Chapter 6 Tree Protection and Landscape Ordinance Chapter 7 Signs Chapter 8 Uniform Roadway Addressing System Chapter 9 Condition and Use of Commercial and Industrial Buildings Chapter 10 Soil Erosion and Sedimentation Control Chapter 11 Stormwater Management Chapter 12 Stream Buffer Protection Chapter 13 Enterprise Zones Chapter 14 Overlay Districts Page 28 of 100

29 Sec CUP COMMUNITY UNIT PLAN DISTRICT CUP DISTRICT SCOPE AND INTENT. Regulations in this Section are the CUP District regulations. Article D should be consulted to determine uses and minimum standards for uses allowed by Administrative Permit or Use Permit. The CUP District identifies land areas for a variety of housing types within a planned community setting. The CUP District is intended to: A. Encourage the development of large tracts of land as planned communities. B. Encourage flexible and creative concepts in site planning. C. Preserve the natural amenities of the land by encouraging scenic and functional open areas. D. Provide for an efficient use of land. E. Provide a stable residential environment compatible with surrounding residential areas. F. Protect neighboring properties by requiring larger peripheral lots adjacent to larger lot developments. USE REGULATIONS. Within the CUP District, land and structures shall be used in accordance with standards herein. Any use not specifically designated as a permitted use in this section or as a use allowed by Administrative Permit or Use Permit shall be prohibited. A. PERMITTED USES. Structures and land may be used for only the following purposes: 1. Community facilities 2. Family daycare home, group daycare, and child care learning center located in a Multi-family or community building, or church, temple or place of worship a. Family day requires a home occupation license b. Group daycare Facility shall locate no closer than 500 ft. to another group daycare Provides care for 7 to 18 children under the age of 18 Hours of operation shall be limited to Monday through Friday from six a.m. to seven p.m. Copies of all applicable state and federal permits shall be provided to the Department of Planning and Community Development prior to the issuance of a certificate of occupancy and business license. Provide minimum landscape strips, buffers, and improvement Page 29 of 100

30 setbacks as specified for MIX when adjacent to residential. Provide a minimum 6-foot high decorative wrought or aluminum fence interior to required landscape strips and/or buffers around the periphery of the yard used for the play area. Play areas shall be located within the rear or side yards. No parking allowed in the front yard. Driveway design shall permit vehicles to exit the property in a forward direction. c. Childcare Learning Center Facility shall locate no closer than 1000 ft. to another Childcare Learning Center Provides care for 19 or more children under the age of 18 Hours of operation shall be limited to Monday through Friday from six a.m. to seven p.m. Copies of all applicable state and federal permits shall be provided to the Department of Planning and Community Development prior to the issuance of a certificate of occupancy and business license. Provide minimum landscape strips, buffers, and improvement setbacks as specified for MIX when adjacent to residential. Provide a minimum 6-foot high decorative wrought or aluminum fence interior to required landscape strips and/or buffers around the periphery of the yard used for the play area. Play areas shall be located within the rear or side yards. No parking allowed in the front yard. Driveway design shall permit vehicles to exit the property in a forward direction. 3. Funeral Home 4. Habitable Accessory Structure a. See for standards 5. Multi-family residential 6. Single-family detached dwelling 7. Single-family townhouse, attached in structures containing no more than ten (10) dwelling units 8. Two-family dwelling B. ACCESSORY USES A structure or land may be used for uses customarily incidental to any permitted use and a dwelling may be used for a home occupation. Retail and service uses, and clubs accessory to recreation facilities are allowed subject to the following conditions: 1. Accessory retail and service uses shall be located wholly within a building with a Page 30 of 100

31 majority of the floor area designed for recreation uses. No outdoor advertising is allowed. 2. Retail and service uses shall be limited to convenience retail and service establishments such as pro shops and personal services. Restaurants accessory to a club are allowed. 3. Temporary storage pods are intended for a limited period of time and not for permanent storage. 4. Revival tents are allowed via an administrative permit accessory to an existing church, temple or place of worship. 5. For sale, for rent, or for lease signs are allowed in accordance with sign regulations found in Chapter 7, Signs. C. USES PERMITTED THROUGH ADMINISTRATIVE PERMIT The following uses may be permitted per the procedures and standards set forth in Article D, Section et seq. in the CUP District: Alternative antenna support structure Amateur radio antenna Community garden, landscaping business, plant nursery, or garden center with indoor retail component Driving Range (not associated with a golf course) Film production Golf course Outdoor event, small in conjunction with certain institutional uses or for the benefit of charity Recreational court, private Relocated residential structure Roadside Produce Stands Roadside Vending Seasonal business use Swimming pool, private Temporary structures Utility substations D. USES PERMITTED THROUGH USE PERMIT ONLY The following uses may be permitted per the procedures and standards set forth in Article D, Section et seq. in the CUP District: Page 31 of 100

32 Amateur radio antenna to exceed the administrative permit height Antenna tower and associated structure (radio, T.V., microwave broadcasting, etc.) Cemetery and/or mausoleum (human or pet) Church, Temple or Place of Worship School, private or special Stadium (offsite) associated with a private school E. DEVELOPMENT PLAN. The development plan shall be the zoning control document for features depicted graphically. The site plan requirement applicable to rezoning requests shall be adhered to for CUP rezoning requests. Administrative guidelines for preparing site plans are available from the Director of the Planning and Community Development Department. A site plan shall become the development plan if the request to rezone is approved without changes or additions. If the approval by the City Council differs, in any way, from what is depicted on the site plan submitted for the purpose of seeking rezoning, a revised plan must be certified by the Planning and Community Development Department before development related permits may be issued. A site plan or development plan shall not substitute for plans which are required as a prerequisite for applying for development related permits. The location of all use areas shall be shown on the development plan, and location on the ground shall be as shown on the development plan. F. DEVELOPMENT STANDARDS A. Height Regulations - No single family residential dwellings or accessory structures shall exceed forty (40) feet in height. The height of all other structures are as approved per the conditions of zoning B. Minimum Lot Area Per Unit 6000 sq. ft. C. Minimum CUP Size - 10 contiguous acres D. Maximum Density Multifamily 9.0 units per gross acre Single family 5.0 units per gross acre E. Minimum Width of Lot Frontage or Width at Building Line - None, unless Page 32 of 100

33 specified in conditions F. Minimum CUP Development Frontage - 35 feet G. Minimum Lot Frontage - 20 feet adjoining a street I. Minimum Heated Floor Area Per Unit - As specified in conditions J. Minimum Perimeter Setback -- Entire CUP Development As specified in conditions K. Minimum Interior Setbacks -- Single family Lots 1. Minimum Front Yard - As specified in conditions 2. Minimum Side Yard - As specified in conditions 3. Minimum Rear Yard - As specified in conditions L. Minimum Accessory Structure Requirements Single Family and Two Family Uses - Accessory structures may be located within the side or rear yards subject to perimeter and minimum yard setbacks. Multi-family Uses - Accessory structures may be located in the rear yard only but shall not be located within a minimum yard. M. Minimum Building Separation -- More Than One Dwelling Per Lot All building separations shall be as specified by the International Code Council. N. Conservation Subdivision - The development standards of a conservation subdivision shall be in accordance with Chapter 4 of the East Point Subdivision Regulations. O. Other Minimum Standards 1. Setbacks and roof lines shall be varied by at least 2 feet so that no more than 3 adjoining dwelling units within a single building shall have the same front setback or roof line. 2. Common outdoor area consisting of not less than 550 square feet per unit shall Page 33 of 100

34 be provided for recreation in all developments of 20 or more acres. 3. Land area proposed for open space or recreation shall be allocated among the use areas in proportion to the ratio of a neighborhood population to the total CUP population so that acreage devoted to open space is reasonably accessible to all residents. 4. Multi-family uses shall not be located along the perimeter except adjacent to or across a street from an existing multifamily or more intense use. 5. Agreements, covenants, declarations and other contracts which govern the use, maintenance, and protection of a CUP development among its owner s areas shall be part of the official zoning file, and changes thereto shall have no force and effect until a copy has been provided to the Director of the Planning and Community Development Department. 6. Multi-family units shall not exceed 25 percent of the total number of dwelling units in a CUP. P. Multifamily Conservation. Multifamily, townhome, and condominium projects shall be required to place in a conservation easement which will be dedicated to the HOA and/or property maintenance firm, prior to the issuance of a land disturbance permit a minimum of twenty-five (25) percent of the project area reserved as open and/or green space when developing undeveloped property. New projects on undeveloped property must include seven (7) of the required amenities. The regulations set forth in this section supplement regulations for the R-4 Multifamily Residential District regulations set forth elsewhere in this chapter. 1. Amenity Package Requirements: a. Multi-family, town home and condominium projects shall include an amenity package of two (2) or more amenities. Amenities shall be defined as "a feature that increases the attractiveness or value of a project." These amenities shall include but not be limited to: 1. Pool and cabana; 2. Majority (51%) masonry materials in combination to include brick, stone, or hard coat stucco; 3. Enhanced landscaping; 4. Clubhouse with meeting rooms and/or exercise facilities; 5. Significant recreational opportunities golf course, swimming Page 34 of 100

35 pool(s), water park, lighted tennis courts, basketball courts, playground, tot lots, baseball field, soccer/football field, walking track with exercise stations; 6. Benches, architectural lighting, bike racks, and gazebos; 7. Ponds/enhanced detention facilities; 8. Mixture of Uses within the development; and 9. Trails b. Projects are eligible for density bonuses based on the following: TABLE INSET: Three (3) or more amenities Density Bonus = 5% Five (5) or more amenities Density Bonus = 15% Seven (7) or more amenities Density Bonus = 20% Nine (9) or more amenities Density Bonus = 30% OTHER REGULATIONS. The headings below contain some additional, but not all, provisions applicable to the CUP District: Chapter 2 Zoning Regulations Chapter 3 Building Code Regulations Chapter 4 Subdivision Regulations Chapter 5 Flood Damage Prevention Chapter 6 Tree Protection and Landscape Ordinance Chapter 7 Signs Chapter 8 Uniform Roadway Addressing System Chapter 9 Condition and Use of Commercial and Industrial Buildings Chapter 10 Soil Erosion and Sedimentation Control Chapter 11 Stormwater Management Chapter 12 Stream Buffer Protection Chapter 13 Enterprise Zones Chapter 14 Overlay Districts Page 35 of 100

36 Sec R-T RESIDENTIAL TOWNHOUSE DISTRICT R-T DISTRICT SCOPE AND INTENT. Regulations set forth in this Section are the R-T District regulations. Article D should be consulted to determine uses and minimum standards for uses allowed by Administrative Permit or Use Permit. The R-T District is intended to provide for medium to high density residential uses with residential conveniences. USE REGULATIONS. Within the R-T District, land and structures shall be used in accordance with standards herein. Any use not specifically designated as a permitted use in this section or as a use allowed by Administrative Permit or Use Permit shall be prohibited. A. PERMITTED USES Structures and land may be used for only the following purposes: 1. Single-family townhouse dwellings; attached in structures containing no more than ten (10) dwelling units. 2. Family daycare home a. Home occupation license required B. ACCESSORY USES 1. Accessory uses and structures: a. Accessory uses and structures incidental to any permitted use are allowed as defined by Accessory Uses and Structures. b. Accessory uses and structures incidental to any permitted use is allowed including but not limited to pools, cabanas, clubhouses, recreational fields, carwashes, dog parks, and any other common areas. c. Revival tents are allowed via an administrative permit accessory to an existing church, temple or place of worship. d. Temporary storage pods are intended for a limited period of time and not for permanent storage. e. For sale, for rent, or for lease signs are allowed in accordance with sign regulations found in Chapter 7, Signs. C. USES PERMITTED THROUGH ADMINISTRATIVE PERMIT The following uses may be permitted per the procedures and standards set forth in Article D, Section et seq. in the R-T District: Page 36 of 100