§ 19.3. Minimum administrative permit standards.

19.3.1. Alternative Antenna Support Structure To Exceed The District Height (Added 03/5/97, Amended 05/17/06)

Intent. Pursuant to Section 704(a) of the Federal Telecommunications Policy Act of 1996, it is not the intent of this section to prohibit or have the effect of prohibiting the provision of personal wireless services in unincorporated Fulton County. It is the intent of this Section to address the aesthetic effect of telecommunication facilities on our landscapes, our citizens' demands for these services, and the needs of service providers.

A.

Required Districts: All

B.

Standards:

1.

Alternative structures are not allowed as an accessory to a single family use or as a principal use in a single family district.

2.

Alternative structures must be set back a distance equal to the height of the structure adjacent to residential and/or AG-1 zoned property unless said structure is proposed to be located on an existing building.

3.

Above ground equipment shelters shall be surrounded by a minimum 10-foot wide landscape strip planted to buffer standards unless the Fulton County Arborist determines that existing plant materials are adequate.

4.

Roof top antennas and associated structures shall not project more than 10 feet above roof line.

5.

Height shall not exceed 130 feet measured from the finished grade of the base structure.

6.

The alternative structure shall comply with applicable state and local statutes and ordinances, including, but not limited to, building and safety codes. Alternative structures which have become unsafe or dilapidated shall be repaired or removed pursuant to applicable state and local statutes and ordinances.

7.

Facilities shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration (FAA).

8.

Communication towers shall be designed and constructed to ensure that the structural failure or collapse of the tower will not create a safety hazard to adjoining properties, according to applicable Federal Standards which may be amended from time to time.

9.

Telecommunications facilities shall not be used for advertising purposes and shall not contain any signs for the purpose of advertising.

10.

Any telecommunications facility may co-locate on any existing tower, pole or other structure as long as there is no increase in height to the existing facility.

11.

A telecommunication facility that ceases operation for a period of 12 consecutive months shall be determined to have terminated and shall be removed within 90 days of termination at the property owner's expense. It shall be the duty of both the property owner and the tower owner to notify the county in writing of any intent to abandon the use of the tower.

12.

An application for a telecommunications facility shall be submitted in accordance with the Department's Plan Review submittal requirements.

13.

An application for a telecommunication facility shall include a certification from a registered engineer that the structure will meet the applicable design standards for wind loads.

14.

Communications facilities shall not be located in 100-year flood plain or delineated wetlands.

19.3.1(1) Amateur radio antenna to exceed the district height. (See Use Permit 19.4.5) (Added 7-7-93)

Intent. It is the intent of this article to regulate the placement of amateur towers in a manner that does not impose on public health, safety, or general welfare. The following regulations on design, location, placement, and height limits of antennas in residential districts implements Fulton County's governmental interests in land planning, aesthetics and public safety by requiring the following standards:

A.

Required districts: All

B.

Standards:

1.

Antennas shall be located in the rear yard.

2.

The maximum height shall be 90 feet. Any request to exceed the maximum height shall require a use permit (See 19.4.5).

3.

All antennas shall be set back from all property lines one-third the height of the antenna or the district setback requirements, whichever is greater. The antenna must be located a distance equal to or greater than the antenna height from the nearest residential dwelling, excluding the owner's primary dwelling or structure.

4.

Antennas shall not be lighted.

5.

All antennas must be constructed with an anti-climbing device.

6.

Antennas shall be painted in a neutral color identical or closely compatible with surroundings.

7.

All guy wires must be anchored on site and outside of right-of-way.

19.3.1(2) Antenna, Tower, and Associated Structures (Radio, T.V., Microwave Broadcasting, Etc.), to Exceed the District Height (Title amended 3-6-91, amended 3-5-97, 5-17-06)

Intent. Pursuant to Section 704(a) of the Federal Telecommunications Policy Act of 1996, it is not the intent of this section to prohibit or have the effect of prohibiting the provision of personal wireless services in unincorporated Fulton County. It is the intent of this Section to address the aesthetic effect of telecommunication facilities on our landscapes, our citizens' demands for these services, and the needs of service providers.

The following regulations on design, location, placement, and height limits of antennas implement Fulton County's governmental interest in land planning, aesthetics and public safety by requiring the following Administrative Permit Standards:

A.

Required Districts: O-I, C-1, C-2, M-1A, M-1, M-2 (See Use Permit, Section 19.4.7, for use in residential and AG-1 districts.)

B.

Standards:

1.

Tower/accessory structures must be set back a distance equal to the height of the tower adjacent to residential and/or AG-1 zoned property.

2.

Tower and/or associated facilities shall be enclosed by fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device.

3.

A minimum 10-foot wide landscape strip planted to buffer standards shall be required around the facility exterior to any fence or wall unless the Fulton County Arborist determines that existing plant materials are adequate.

4.

Height shall not exceed 200 feet measured from the finished grade of the base structure.

5.

The tower shall comply with applicable state and local statutes and ordinances, including, but not limited to, building and safety codes. Towers which have become unsafe or dilapidated shall be repaired or removed pursuant to applicable state and local statutes and ordinances.

6.

Facilities shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration (FAA).

7.

Communication towers shall be designed and constructed to ensure that the structural failure or collapse of the tower will not create a safety hazard to adjoining properties, according to applicable Federal Standards which may be amended from time to time.

8.

Telecommunications facilities shall not be used for advertising purposes and shall not contain any signs for the purpose of advertising.

9.

Any telecommunications facility may co-locate on any existing tower, pole or other structure as long as there is no increase in height to the existing facility.

10.

A commercial telecommunication facility that ceases operation for a period of 12 consecutive months shall be determined to have terminated and shall be removed within 90 days of termination at the property owner's expense. It shall be the duty of both the property owner and the tower owner to notify the county in writing of any intent to abandon the use of the tower.

11.

Communication facilities not requiring FAA painting/marking shall have either a galvanized finish or [be] painted a dull blue, gray, or black finish.

12.

An application for a telecommunications facility shall be submitted in accordance with the Department's Plan Review submittal requirements.

13.

An application for a telecommunication facility shall include a certification from a registered engineer that the structure will meet the applicable design standards for wind loads.

14.

Communications facilities shall not be located in 100-year flood plain or delineated wetlands.

19.3.2 Club.

A.

Required districts: O-I, MIX, C-1, C-2, M-1A, M-1, M-2.

B.

Standards:

1.

All buildings and accessory uses other than parking shall be located at least 50 feet from all property lines of any residential district and/or AG-1 district used for single-family.

2.

Permitted curb cut access shall not be from a local street.

3.

Outdoor facilities within 200 feet of any residential district or dwelling shall limit the hours of operation from 8:00 a.m. to 11:00 p.m.

4.

Outdoor recreational facilities shall be set back a minimum of 100 feet from all property lines of any residential district and/or AG-1 district used for single-family, except as otherwise permitted with an administrative permit for recreational court or swimming pool.

19.3.3. Event, Special Indoor/Outdoor. (Amended 9-4-91, 7-7-93, 6-1-94, 4-5-95, 8-6-03, 4-5-06) As applicable, special events are subject to the requirements of other Fulton County Departments, such as Emergency Medical Services Plans, Emergency Planning and Preparedness Plans, tent permits, pyrotechnics permits, food service permits, etc.

A.

Required Districts: O-I, MIX, C-1, C-2, M-1A, M-1, M-2, AG-1 and residential districts in conjunction with an institutional use, such as a place of worship or a school, or for the benefit of charity such as tours of homes, show houses, and the like. Event is local in nature and marketed only to the local community. Organizer anticipates less than 250 attendees at any one time.

B.

Standards:

1.

No more than two Administrative Permits shall be granted per year and no permit shall be effective for more than 14 consecutive days for a single event on the same property. An application for said permit shall be made no less than 14 days prior to the event. Said permit must be posted on site such that it is visible from the street.

2.

The hours of operation shall be 8:00 a.m. to 8:00 p.m., Sunday through Thursday and 8:00 a.m. to 10:00 p.m., Friday through Saturday.

3.

Two copies of a drawing, no larger in size than 11" x 17", with dimensions (distances in feet) of the activity's location from the site's property lines and other minimum distance requirements as specified by this Section shall be submitted to the Department of Environment and Community Department for approval. Said drawing shall also depict north arrow, curb cuts and traffic patterns.

4.

The applicant shall provide a notarized written permission statement of the property owner or lease holder of the subject site to the Department of Environment and Community Development. A 24-hour contact number of the property owner or lease holder shall be provided along with permit application.

5.

The entire property shall comply with the zoning district's setback requirements.

6.

No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of any residential use.

7.

No tent, table or other temporary structure shall be located within 250 feet of a residential structure.

8.

Sales from vehicles are prohibited.

9.

The entire property shall comply with Fulton County's parking requirements.

10.

No equipment, vehicle, display or sales activity shall block access to a public facility such as a telephone booth, mail box, parking meter, fire hydrant, fire alarm box, traffic control box, driveway or other access point.

11.

A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use.

12.

Signage shall be in accordance with Article 33, Section 33.4.12.A.10. (16-0363, pts. 2, 3, 5-4-16)

19.3.3(1) Food truck. As applicable, Food Trucks are subject to the requirements of the Fulton County Board of Health and/or Fulton County Departments, such as the Tax Assessors, etc.

A.

Required Districts: O-I, MIX, C-1, C-2, M-1A, M-1, M-2.

B.

Standards:

1.

Food Trucks shall not conduct business or operate under this Article in the public right-of-way.

2.

The allowable dimensions of a Food Truck (including all attachments, except hinged canopies that open to reveal food serving areas) shall be up to 18.5 feet long, 10.5 feet tall, and 8 feet wide.

3.

The Food Truck use permit shall be valid for a period of 1-year after issuance and applicable to the approved site only.

4.

The Food Truck use permit shall be limited to no more than 4 days per week (Monday-Sunday) at the approved site.

5.

The hours of operation for Food Trucks shall be 6:00 a.m. to 8:00 p.m., Sunday through Thursday and 6:00 a.m. to 10:00 p.m., Friday through Saturday.

6.

Food Trucks shall not operate on any private property without the prior consent of the property owner(s). The applicant shall provide a notarized written permission statement of the property owner(s) as they appear on the current tax records of Fulton County as retrieved by the County's Geographic Information System (GIS). If the current ownership has recently changed and does not match the GIS record the applicant may provide a copy of the new deed as proof of ownership. A 24-hour contact number of the property owner(s) shall be provided along with permit application.

7.

All Food Trucks shall be located a minimum of 200 feet from any eating establishment and 100 feet from any retail store that sell food unless both the property owner(s) (as they appear on the current tax records of Fulton County as retrieved by the County's Geographic Information System (GIS) or if the current ownership has recently changed and does not match the GIS record the applicant may provide a copy of the new deed as proof of ownership) and lease holder(s) of said eating establishment/retail store grant written notarized permission for the Food Truck to be located closer than this minimum setback.

8.

Food Truck vendors shall not be located within 25 feet of any right-of-way, entryway, curb-cut or driveway.

9.

Food Trucks shall provide a minimum of 6 parking spaces adjacent to the vending area for the exclusive use of the Food Truck and shall not occupy the minimum required parking spaces for any other use on site.

10.

Food Trucks shall be required to park on all-weather surfaces.

11.

After hours parking of the Food Truck shall comply with Article 18.3, acceptable locations for off street parking, of the Fulton County Zoning Resolution.

12.

Two copies of a drawing, no larger in size than 11" x 17", with dimensions (distances in feet) of the Food Truck's location from the site's property lines and other minimum distance requirements as specified by this Article shall be submitted to the Department of Planning and Community Services for approval. Said drawing shall also depict north arrow, parking area, table/chair/canopy areas as applicable, curb-cuts and traffic patterns.

13.

Food Trucks shall not emit sounds, outcry, speaker, amplifier or announcements while traveling on the public right-of-way or when stationary.

14.

Food Trucks shall maintain all Fulton County, State of Georgia, and Federal licenses and shall follow all laws of the State and the Fulton County Board of Health, or any other applicable laws.

15.

The permit under which a Food Truck is operating shall be firmly attached and visible on the Food Truck at all times.

16.

Any condition of zoning or provision of the Fulton County Zoning Resolution that prohibits a Food Truck use on a property shall supersede this Article.

17.

Food Trucks and any accessory items shall not be left unattended or stored for any period of time on the permitted site when vending is not taking place or during restricted hours of operation.

18.

Food Trucks are responsible for the proper disposal of waste and trash associated with the operation. Food Trucks shall remove all generated waste and trash from their approved location at the end of each day or as needed to maintain the public health and safety. No liquid waste or grease is to be disposed of in tree pits, storm drains or onto the sidewalks, streets or other public or private space.

19.

Food Trucks must have an adequate supply of fresh water (through the means of an on-truck fresh water tank) to maintain the operation of the food service in a safe and sanitary manner. (Res. No. 12-0356, pt. 1, 5-16-12)

19.3.4 Golf course.

A.

Required districts: All

B.

Standards:

1.

A minimum 100-foot setback for all buildings and parking areas shall be provided adjacent to any residential district and/or AG-1 district used for single-family.

2.

Driving range, tees, greens and fairways shall be required to have a 100-foot setback from minor, arterial, and major collector roads.

3.

Permitted curb cut access shall be from a major thoroughfare unless shown on the approved preliminary plat of a single-family subdivision.

4.

When located outside a golf course/subdivision development, a minimum 50-foot wide buffer and a ten-foot improvement setback shall be provided adjacent to all buildings and parking areas when said facilities are located adjacent to any residential district and/or AG-1 district used for single family.

5.

A minimum 25-foot buffer and a ten-foot improvement setback shall be provided adjoining any residential district and/or AG-1 district used for single-family located outside the golf course development or any associated development.

6.

When located adjacent to any residential district and/or AG-1 district used for single-family, the hours of operation shall be limited to 8:00 a.m. to 11:00 p.m.

19.3.5 Guest house. (Amended 11-1-89, 5-6-92, 2-7-96)

A.

Required districts: Suburban A, Suburban B, Suburban C, R-1, R-2, R-2A, R-3, R-3A, R-4, R-4A, R-5, R-5A, R-6, NUP, CUP, TR, A, A-L, AG-1, O-1 and MIX when accessory to a single-family dwelling.

B.

Standards:

1.

No more than one guest house structure per lot may be used for occupancy by relatives, guest(s) or employees that work on the property without payment for rent.

2.

A separate kitchen facility shall be allowed.

3.

Heated floor area shall be a minimum of 650 square feet and a maximum of 1500 square feet.

4.

Principal building setbacks shall apply.

5.

The location shall be limited to the rear yard.

19.3.5(1) Open.

19.3.6 Mobile home - while residence is being built.

A.

Required districts: Suburban A, Suburban B, Suburban C, R-1, R-2, R-2A, R-3, R-3A, R-4, R-4A, R-5, R-5A, R-6, NUP, CUP, TR, A, A-L, AG-1, O-1 and MIX.

B.

Standards:

1.

The building permit for the principal structure must have been issued and remain valid during the period that the mobile home is on the property.

2.

The mobile home must be located on the same parcel as the principal structure being constructed and comply with all district setbacks.

3.

The administrative permit shall expire 12 months after issuance or upon occupancy of the principal structure, whichever occurs first. Only one renewal for a one year period may be issued.

4.

The mobile home must be occupied by the owner of the principal residence under construction.

19.3.6(1) Parking, off-site and shared. Whenever parking as required in article 18 cannot be accomplished, shared parking in accordance with section 18.2.2 may be approved via an administrative permit provided: (Added 7-7-99)

A.

Required districts: O-I, C-1, C-2, MIX, M-1, M-1A and M-2.

B.

If the off-site parking is committed for a specified period of time, the duration of the administrative permit shall be limited to the period of time stipulated therein.

C.

No more than 20 percent of the total parking requirement may be provided off-site via this administrative permit.

D.

The property must be located no more than 300 feet from the principal use with pedestrian access provided between the sites as may be required by the Environment and Community Development Department.

19.3.7 Rapid rail transportation station. (Added 5-6-92)

A.

Required districts: All

B.

Refer to the MARTA rearrangement cooperative agreement administered by the Department of Public Works.

19.3.8 Recreational court, private. (Amended 3-6-91, 4-7-93, 6-1-94, 4-5-95, 2-7-96, 3-3-04)

A.

Required districts: All districts except C-1, C-2, M-1, M-1A, M-2

B.

Standards:

1.

Detached Dwellings. Recreational courts serving single family detached dwellings shall be located in side or rear yards but shall not be located within a minimum yard.

2.

Multi-family. Recreational courts, accessory structures, and fencing shall be located a minimum of 100 feet from any residential building, adjoining property line or street.

3.

Neighborhood. Recreational courts serving a neighborhood must be located within the limits of the underlying zoning.

a.

Use of the recreational courts shall be limited to residents and guests of the neighborhood in which they are located.

b.

Recreational courts, accessory structures, fencing, and parking shall be located a minimum of 100 feet from all adjoining property lines.

c.

Landscape strips and buffer requirements shall be as specified by Article 4.23.1.

d.

A maximum 4-square foot sign identifying the future use of the property for a recreational court shall be posted adjoining the lot's frontage until a Certificate of Occupancy is issued for the facility.

e.

Sources of exterior illumination shall be directed away from adjoining residences and shall not exceed 1.2 foot candles along an adjoining residential property line. Outdoor lighting of recreation facilities in or adjoining residential districts or uses shall be allowed only between dusk and 11:00 p.m.

f.

A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines adjacent to single family residential uses.

19.3.9 Recreational courts, public. Recreational courts operated as a club (except those serving residential developments), or courts operated as a business are defined herein as public courts.

A.

Required districts: O-I, MIX, C-1, C-2, M-1, M-1A, M-2

B.

Standards:

a.

Recreational courts, accessory structures, fencing, and parking shall be located a minimum of 100 feet from all property lines which abut single family residential uses. Adjacent to all other zonings and uses, the district setback requirements shall apply.

b.

Landscape strips and buffer requirements shall be as specified by Section 4.23.1.

c.

Sources of exterior illumination shall be directed away from adjoining residences and shall not exceed 1.2 foot candles along an adjoining residential property line. Outdoor lighting of recreation facilities in or adjoining residential districts or uses shall be used only between dusk and 11:00 p.m.

d.

A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts and/or AG-1 districts used for single family.

19.3.10 Relocated residential structure. (Added 7-7-99, Moved from 19.4.36, Amended 2-7-01)

A.

Required districts: Suburban A, Suburban B, Suburban C, R-1, R-2, R-2A, R-3, R-3A, R-4, R-4A, R-5, R-5A, R-6, NUP, CUP, TR, A, A-L, AG-1, O-1 and MIX

B.

Standards:

1.

The applicant shall include the following with the application for the administrative permit:

a.

The address from which the structure is being relocated.

b.

A photograph of the structure prior to its relocation.

c.

The total heated floor area of both the existing structure and the renovated structure.

2.

The location of the structure and the heated floor area of the structure shall be in compliance with the minimum standards of the zoning district and/or conditions of zoning.

3.

The residential structure shall be affixed to a permanent foundation within six months of the date of the house moving permit, and the certificate of occupancy shall not be issued until such improvements are completed.

4.

All standards of this resolution (except 2. above) and other applicable regulations shall be met within one year from the date of this permit issuance.

5.

A house moving permit shall be obtained from the Environment and Community Development Department in conjunction with this Administrative Permit.

6.

A building permit for the repair and construction of said structure shall be obtained within 30 days of this Administrative Permit issuance.

7.

The exterior of the structure shall be brought into compliance with the Fulton County Housing Code within six months of the issuance of this Administrative Permit.

8.

Prior to occupancy, a certificate of occupancy must be obtained from the Department of Environment and Community Development.

19.3.10(1) Revival tent.

A.

Required districts: O-I, MIX, C-1, C-2, M-1A, M-1 and M-2.

In an AG-1 (Agricultural) or a residential district, a revival tent may be placed only on property occupied by an existing building used as a place of worship.

B.

Standards:

1.

A permit may be granted a maximum of 14 days in a calendar year.

2.

The revival tent or any area used for assembly shall be located at least 200 feet from a property line of any residential district and/or AG-1 district used for single-family.

3.

No temporary, sanitary facility or trash receptacle may be located within 200 feet of an existing dwelling, and no tent shall be located within 250 feet of an existing dwelling.

4.

Provide one parking space per four seats.

5.

A drawing to scale shall accompany the application and shall accurately depict the number of seats and the standards of this section.

6.

The hours of operation shall be no earlier than 8:00 a.m. nor later than 11:00 p.m.

19.3.11. Roadside Produce Stands. (Amended 5-6-92, 7-7-93, 4-6-94, 8-6-03, 4-5-06)

A.

Required Districts: C-1, C-2, M-1, M-2 and AG-1

B.

Standards:

1.

No more than four Administrative Permits shall be granted per year and no single permit shall be effective for more than 30 consecutive days; however, 2 or more permits, not to exceed 4, may be combined for a duration of 60 days, 90 days or a maximum of 120 days. An application for said permit(s) shall be made no less than 14 days prior to the event. Said permit must be posted on site such that it is visible from the street.

2.

The hours of operation shall be 8:00 a.m. to 8:00 p.m.

3.

Two copies of a drawing, no larger in size than 11" x 17", with dimensions (distances in feet) of the activity's location from the site's property lines and other minimum distance requirements as specified by this Section shall be submitted to the Department of Environment and Community Department for approval. Said drawing shall also depict north arrow, curb cuts and traffic patterns.

4.

The applicant shall provide a notarized written permission statement of the property owner or lease holder of the subject site to the Department of Environment and Community Development. A 24-hour contact number of the property owner or lease holder shall be provided along with permit application.

5.

The property on which the roadside vendor is permitted must be located at least 1500 feet from a permanent business or another vendor which offers the same or similar merchandise as that of the vendor. Vendor shall provide names of all established businesses which sell similar or the same merchandise within 1500 feet of the proposed vendor site.

6.

Any activity or structure shall maintain a minimum 20-foot setback from the right-of-way and not be located within a required landscape strip or buffer. Said activity or structure shall also maintain a minimum setback of 10 feet from any internal drive or permitted curb cut.

7.

A minimum of 6 parking spaces shall be provided for the exclusive use of the roadside produce stand and shall not occupy the minimum required parking spaces for any other use on site.

8.

No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of a residential use.

9.

No tent, table or other temporary structure shall be located within 100 feet of a residential structure.

10.

No equipment, vehicle, display or sales activity shall block access to a public facility such as a telephone booth, mail box, parking meter, fire hydrant, fire alarm box, traffic control box, driveway or other access point.

11.

A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use.

12.

Signage shall be in accordance with Article 33, Section 33.4.12.B.19. (16-0363, pt. 2, 5-4-16)

19.3.11(1) Roadside Vending. (Added 7-7-93, Amended 4-6-94, 2-7-01, 8-6-03, 4-5-06)

A.

Required Districts: C-1, C-2, M-1 and M-2

B.

Standards:

1.

No more than two Administrative Permits shall be granted per year and no permit shall be effective for more than 9 consecutive days. An application for said permit shall be made no less than 14 days prior to the event. Said permit must be posted on site such that it is visible from the street.

2.

The hours of operation shall be 8:00 a.m. to 8:00 p.m.

3.

Two copies of a drawing, no larger in size than 11" x 17", with dimensions (distances in feet) of the activity's location from the site's property lines and other minimum distance requirements as specified by this Section shall be submitted to the Department of Environment and Community Department for approval. Said drawing shall also depict north arrow, curb cuts and traffic patterns.

4.

The applicant shall provide a notarized written permission statement of the property owner or lease holder of the subject site to the Department of Environment and Community Development. A 24-hour contact number of the property owner or lease holder shall be provided along with permit application.

5.

The property on which the roadside vendor is permitted must be located at least 1500 feet from a permanent business or another vendor which offers the same or similar merchandise as that of the vendor. Vendor shall provide names of all established businesses which sell similar or the same merchandise within 1500 feet of the proposed vendor site.

6.

Any vending displays or activity shall maintain a minimum 20-foot setback from the right-of-way and not be located within a required landscape strip or buffer. Said displays or activities shall also maintain a minimum setback of 10 feet from any internal drive or permitted curb cut.

7.

A minimum of 6 parking spaces shall be provided adjacent to the vending area for the exclusive use of the roadside vending and shall not occupy the minimum required parking spaces for any other use on site.

8.

No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of a residential use.

9.

No table or cart shall be located within 250 feet of a residential structure. Tents and tarps are prohibited. Sales from vehicles are prohibited.

10.

No equipment, vehicle, display or sales activity shall block access to a public facility such as a telephone booth, mail box, parking meter, fire hydrant, fire alarm box, traffic control box, driveway or other access point.

11.

A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use.

12.

Signage advertising the vending operation is prohibited.

19.3.11(2) Seasonal Business Use. (Amended 12-4-91, 5-6-92, 7-7-93, 4-6-94, 7-7-99, 3-3-04, 4-5-06)

A.

Required Districts: CUP (with a commercial component), MIX (with a commercial component), C-1, C-2, M-1A, M-1, and M-2. Allowable in AG-1 and residentially zoned districts only when the property is occupied by a church, school, lodge/retreat, farm, plant nursery, etc., existing as a conforming or a lawful non-conforming nonresidential use. The issuance of this permit does not constitute an expansion or extension of a non-conforming use.

B.

Standards:

1.

An Administrative Permit shall not be issued for the same seasonal business use more than once in any calendar year. Said seasonal business use must correlate to a calendar holiday or event. Said permit shall not exceed a total of 30 consecutive days for each use. Said permit must be posted on site such that it is visible from the street. An application for said permit shall be made no less than 14 days prior to the event. Example: One permit may be issued for the sale of Christmas trees for a maximum of 30 consecutive days. A second permit may be issued for the sale of pumpkins for a maximum of 30 consecutive days.

2.

The hours of operation shall be 8:00 a.m. to 8:00 p.m., Sunday through Thursday and 8:00 a.m. to 10:00 p.m., Friday through Saturday.

3.

Two copies of a drawing, no larger in size than 11" x 17", with dimensions (distances in feet) of the activity's location from the site's property lines and other minimum distance requirements as specified by this Section shall be submitted to the Department of Environment and Community Department for approval. Said drawing shall also depict north arrow, curb cuts and traffic patterns.

4.

The applicant shall provide a notarized written permission statement of the property owner or lease holder of the subject site to the Department of Environment and Community Development. A 24-hour contact number of the property owner or lease holder shall be provided along with permit application.

5.

The property on which the roadside vendor is permitted must be located at least 1500 feet from a permanent business or another vendor which offers the same or similar merchandise as that of the vendor. Vendor shall provide names of all established businesses which sell similar or the same merchandise within 1500 feet of the proposed vendor site.

6.

Any display or sales activity shall maintain a minimum 20-foot setback from the right-of-way and shall not be located within a required landscape strip or buffer. Said displays shall also maintain a minimum setback of 10 feet from any internal drive or permitted curb cut.

7.

A minimum of 6 parking spaces shall be provided for the exclusive use of the seasonal business and shall not occupy the minimum required parking spaces for any other use on site.

8.

No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of a residential use.

9.

No tent, table or other temporary structure shall be located within 100 feet of a residential structure. Sales from vehicles are prohibited.

10.

No equipment, vehicle, display or sales activity shall block access to a public facility such as a telephone booth, mail box, parking meter, fire hydrant, fire alarm box, traffic control box, driveway or other access point.

11.

A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use.

12.

Signage shall be in accordance with Article 33, Section 33.4.12.B.19. (16-0363, pt. 2, 5-4-16)

19.3.12 Swimming pool, private. (Amended 3-6-91, 5-6-92, 6-1-94, 2-7-96, 7-7-99, 12-1-99, 3-3-04, 4-5-06)

A.

Required districts: All districts except C-1, C-2, M-1, M-1A, M-2

B.

Standards: All swimming pools shall be completely surrounded by an enclosure. Such enclosure shall be a fence, wall, or building, to prevent access to the pool by unsupervised children and/or animals. The enclosure shall be an effective fence or wall not less than five feet high with self-closing, positive-latching gates provided on the outer side of the deck area. The enclosure entrance shall be locked when the pool is not open for use and all surrounding objects or structures must have a separation of five feet from the enclosure to provide an unclimbable space. The enclosure shall be in place prior to pool completion. Materials and construction shall comply with the regulations administered by the Fulton County Board of Health.

1.

Detached Dwellings. Swimming pools shall be allowed in side and rear yards of single family dwellings in any district and may also be allowed at the back of the house on a double frontage single family residential lot as approved by the Department. Pools, pool equipment, and their decks must be a minimum of 10 feet from all property lines, except that when perimeter setbacks are required, for example in NUP and TR zoned districts, pools, pool equipment, and decks cannot be located in perimeter setbacks.

2.

Neighborhood. Swimming pools serving a neighborhood must be located within the limits of the underlying zoning.

a.

Use of swimming pools shall be limited to residents and guests of the neighborhood in which they are located.

b.

Pools, pool equipment, and decks must be located at least 100 feet from all adjoining property lines.

c.

Landscape strips and buffer requirements shall be as specified by Article 4.23.1.

d.

A maximum four-square foot sign identifying the future use of the property for a swimming pool shall be posted adjoining the lot's frontage until a Certificate of Occupancy is issued for the facility.

e.

Sources of exterior illumination shall be directed away from adjoining residences and shall not exceed 1.2 foot candles along the an adjoining residential property line. Outdoor lighting of recreation facilities in or adjoining residential districts or uses shall be allowed only between dusk and 11:00 p.m.

f.

A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines adjacent to single family residential uses.

3.

Multi-family. Swimming pools, pool equipment, accessory structures, and fencing shall be located a minimum of 100 feet from any residential building, adjoining property line or street.

19.3.13 Swimming pool, public. Pools operated as a club (except clubs serving residential developments) or pools operated as a business are defined herein as public pools. (Amended 11-3-93; Amended 3-3-04)

A.

Required districts: O-I, MIX, C-1, C-2, M-1A, M-1 and M-2.

B.

Standards:

1.

Pools, pool equipment, decks, and parking shall be located a minimum of 100 feet from all property lines which abut single family residential uses. Adjacent to all other zonings and uses, the district setback requirements shall be provided.

2.

Landscape strips and buffer requirements shall be as specified by Article 4.23.1.

3.

Sources of exterior illumination shall be directed away from adjoining residences and shall not exceed 1.2 foot candles along the an adjoining residential property line. Outdoor lighting of recreation facilities in or adjoining residential districts or uses shall be allowed only between dusk and 11:00 p.m.

4.

A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines adjacent to single family residential uses.

19.3.14 Temporary classroom. (Amended 11/03/93)

A.

Required districts: All

B.

Standards:

1.

The structure must be constructed for use as a temporary classroom and certified as such by the environment and community development department.

2.

The principal use must exist prior to the issuance of the permit.

3.

The temporary classroom shall not be used to increase the capacity or enrollment as conditioned by zoning, or as limited by other use permit conditions.

4.

An administrative permit for a temporary classroom shall expire three years from the date of approval at which time the structure shall be removed unless a new administrative permit is obtained within 30 days of the expiration date. (Amended 11/03/04)

5.

The structure shall not be located within any principal building setbacks or within any required landscape strips or buffers.

6.

Two copies of a drawing showing dimensions shall accompany the application and shall accurately depict the proposed location of temporary structures, the traffic patterns and curb cuts and compliance with this section and all other applicable standards of this resolution.

19.3.15 Temporary structures. (Amended 07/07/93, 11/03/93)

A.

Required districts: All, except emission inspection stations shall be permitted only in nonresidential districts except AG-1.

B.

Standards:

1.

Temporary structures (whether tents, site-built, mobile or manufactured structures) utilized for construction offices, ticket booths, security guard shelters, storage structures in association with construction, emission inspection stations, portable toilets and other similar uses may be permitted by the environment and community development department in any district.

2.

Temporary structures shall be located outside of any required buffers and landscape areas, and shall maintain the principal building setback of the district except portable toilets must maintain a 200-foot setback from existing dwelling(s).

3.

Temporary structures must be removed prior to the issuance of a certificate of occupancy or within five days of completion of the temporary event or activity for which the structure was approved.

4.

Temporary structures used in conjunction with other permitted administrative and use permits shall not be required to obtain a separate administrative permit.

5.

An administrative permit for a temporary structure shall expire three years from the date of approval at which time the structure shall be removed unless a new administrative permit is obtained within 30 days of the expiration date. (Added 11/03/04)

19.3.16 Temporary use of existing dwelling while residence is being built. (Added, 3/6/91)

A.

Required districts: All but M-1, M-1A, & M-2.

B.

Standards:

1.

The building permit for the new principal structure shall be issued concurrently with this administrative permit.

2.

The administrative permit shall expire 90 days after issuance of a certificate of occupancy for the new principal structure or one year after issuance of a building permit, whichever occurs first.

19.3.17 Open.

19.3.18 Utility substations (telephone, electric, or gas, etc.) (Amended 5/1/91, 11/3/93)

A.

Required districts: All

B.

Standards:

1.

Utility substations measuring less than 35 square feet and less than five feet in height from finished grade are exempt from these regulations.

2.

All substation structures shall be contained within the boundaries of the subject parcel and meet the minimum development standards of the district unless otherwise required in this article section.

3.

Minimum setback of all utility structures from a residential structure shall be:

a.

Electric — 200 feet.

b.

Gas and telephone — the applicable minimum setback for the district in which located.

4.

A minimum ten-foot wide landscape strip planted to buffer standards shall be required around the perimeter of all utility sites except along lines where buffers are required.

5.

For electric substations provide a minimum 50-foot wide replanted or natural buffer adjacent to the property lines of any residential district and/or AG-1 district used for single-family.

6.

Interior to landscape strips or buffers that do not accomplish 100 percent visual screening as defined in the tree preservation ordinance, provide an eight-foot high opaque fence or, masonry wall, a minimum four-foot high landscaped earthen berm, a vegetative screen or some combination thereof, subject to the approval of the environment and community development department.

19.3.19 Veterinary clinic/hospital or kennel. (See 19.4.24 for kennel or outside animal facilities)

A.

Required districts: O-I, MIX, C-1, C-2, M-1A, M-1, M-2

B.

Standards:

1.

All of the activities directly associated with animal treatment shall occur entirely within a completely enclosed soundproof structure.

(Ord. No. 97-0328, 3-5-97; Ord. No. 97-0568, 5-7-97; Amended 7/7/99; Ord. No. 18-0340, Att. A, 5-16-18)