Article XIX. ADMINISTRATIVE PERMITS AND USE PERMITS (Revised 7/7/99)

§ 19.4. Minimum use permit standards.

Latest version.

19.4.1 Adult book store. (Added 06/05/96, Amended 07/07/99, Amended 07/02/03)

Intent and findings. It is the intent of this article to regulate the place of operation of adult book stores as defined in this resolution. The board of commissioners finds, based upon an October, 1980, study by the Minnesota Crime Prevention Center, Inc., Minneapolis, Minnesota, entitled "An Analysis of the Relationship Between Adult Entertainment Establishments, Crime, and Housing Values", that adult book stores are significantly related to diminishing market values of neighboring residential areas, that adult book stores should not be located in residential areas, and that adult book stores should be permitted only in locations that are at least 1/10 mile, or approximately 500 feet, from residential areas.

The board further finds, based upon a June, 1978, study by the Division of Planning of the St. Paul, Minnesota, Department of Planning and Economic Development and the Community Crime Prevention Project of the Minnesota Crime Control Planning Board entitled "Effects on Surrounding Area of Adult Entertainment Businesses in Saint Paul", that the presence of adult book stores correlates with a decreasing market value of neighboring residential areas, that adult book stores tend to locate in areas of poorer residential condition, tend to be followed by a relative worsening of the residential condition, and that more than two adult entertainment businesses in an immediate area is associated with a statistically significant decrease in residential property market value, and that such a concentration of adult entertainment businesses in a given area should be discouraged. The board also finds that such worsening of residential conditions will adversely affect uses found in residential areas or in the proximity of residential areas, such as public recreational facilities, public or private institutional uses, churches, schools, universities, colleges, trade-schools, libraries, and day care centers.

The board further finds, based upon a May 19, 1986, land use study conducted in Austin, Texas, that an adult book store within one block of a residential area decreases the market value of homes, that adult book stores are considered a sign of decline by lenders, making underwriters hesitant to approve the 90—95 percent financing many home buyers require, and that patrons of adult book stores tend to be from outside the immediate neighborhood in which the adult book store is located.

The board further finds, based upon a March 3, 1986, study conducted by the Oklahoma City, Oklahoma, Community Development Department entitled "Adult Entertainment Businesses in Oklahoma City - A Survey of Real Estate Appraisers", that an adult bookstore will have a negative effect on residential property market values if it is located closer than one block to residential uses.

The board further finds that the proposed amendment to the zoning resolution regarding regulation of adult book stores has been carefully considered by a workgroup of county staff drawn from the areas of law enforcement, land use, land planning, and law; by the community zoning board at public meetings where public comment was available; and by a committee of citizens with expertise in law, real estate, land use, and other disciplines, who have reviewed the amendment particularly with respect to its provisions relating to the effects of adult book stores on market values of residential and other property, and that the information gathered and results of this informal study support the need for these development standards.

This section is intended to be a carefully tailored regulation to minimize the adverse land use impacts caused by the undesirable secondary effects of adult bookstores, and the board of commissioners finds that restricting adult book stores to industrially zoned areas and imposing development standards can legitimately regulate adult book stores by establishing zones where adult book stores are most compatible with other uses or the surrounding neighborhood, and by requiring minimum distances to be maintained between adult bookstore uses and other uses so as to afford the most protection to residential uses.

It is not the intent of the board of commissioners, in enacting this amendment to the zoning resolution, to deny to any person rights to speech protected by the United States or Georgia Constitutions, nor is it the intent to impose any additional limitations or restrictions on the contents of any communicative materials, including sexually oriented films, videotapes, books, or other materials; further, in the adoption of this amendment to the zoning resolution, the board of commissioners does not intend to deny or restrict the rights of any adult to obtain or view any sexually oriented materials protected by the United States or Georgia Constitutions, nor does it intend to restrict or deny any constitutionally protected rights that distributors or exhibitors of such sexually oriented materials may have to sell, distribute, or exhibit such constitutionally protected materials; finally, in the enactment of this ordinance, the board of commissioners intends to adopt a content neutral measure to address the secondary effects of adult bookstores.

Required Districts: M-1 and M-2 (Industrial)

Standards:

All boundary lines of the property included within the use permit as filed must be located at least 1,000 feet from the properties listed below:

The property line of Suburban A, Suburban B, Suburban C, R-1, R-2, R-2A, R-3, R-3A, R-4A, R-4, R-5, R-5A, R-6, NUP, CUP, TR, A, A-L, AG-1 zoned property or property conditioned or used for residential purposes.

The property line of any public recreational facilities, public or private institutional uses, including but not limited to churches, schools, universities, colleges, trade-schools, libraries, day care centers and other training facilities where minors are the primary patrons.

The boundary line of the use permit must be located at least 1,500 feet from the property line of any other adult entertainment establishment or adult book store.

Submit with the application for a use permit, a certified boundary survey by a licensed surveyor of the site and the property lines of surrounding properties identifying the use of properties at or within 1,000 feet of the boundary lines of the subject property and adult entertainment establishments or adult bookstores within 1,500 feet of the boundary line of the subject property.

If the adult book store is to be located in an existing structure where a land disturbance permit is not required, an existing building permit review application must be filed and determined by the environment and community development department to be in compliance with the terms of this resolution prior to any occupancy.

Permitted curb cut access shall be from a major thoroughfare.

No depiction of anatomical areas or sexual activities specified in the definition of "adult entertainment" shall be visible from outside the structure or on signage outside the structure.

The minimum landscape areas required for the O-I zoning district as specified in section 4.23 shall be required. Where buffers are required, the underlying zoning district buffer standards shall apply.

Permit Issuance (Added 07/02/03): Notwithstanding the provisions of 19.2.3 and 19.2.4, any applicant meeting the above requirements and standards shall be entitled to the issuance of a use permit.

Permit Applications (Added 07/02/03): Notwithstanding any other provision herein, any material omission or untrue or misleading information contained in or left out of an application for a use permit shall be grounds for denial of said permit.

Permit Processing (Added 07/02/03): The county shall have 120 days (unless the application is suspended by failure of the applicant to provide data, information or records as reasonably requested by the county and required by this code, to complete the investigation) from receipt of a completed application for a use permit to make a decision in which to grant or deny a use permit. The department of environment and community development and community zoning board shall make recommendations to the board of commissioners regarding the approval or denial of the use permit and the board shall make the final decision after a public hearing regarding the same. In the event the board of commissioners has not granted or denied the application within 120 days (unless the application is suspended by failure of the applicant to provide data, information or records as reasonably requested by the county to complete the investigation), the use permit shall automatically issue.

Denial of Use Permit (Added 07/02/03): In the event an application for a use permit is denied by the board of commissioners, the applicant shall be notified in writing of such denial within ten business days by U.S. Mail. A decision by the board of commissioners regarding the denial of said permit is a final action; therefore, any appeal of such decision shall be pursued by application for writ of certiorari filed with the Superior Court of Fulton County within 30 days of the decision. This appeal shall in no way preclude an applicant from seeking any other remedies available at law or equity.

Permit Application (Added 07/02/03): Nothing in this section shall allow for the conducting or zoning of any business or entity which would otherwise be illegal.

19.4.2 Adult entertainment establishments. (Added 7/1/92, Amended 11/03/93, 07/07/99, 02/07/01, 07/02/03)

Intent. It is the intent of this section to regulate the place and manner of the operation of businesses or facilities that offer adult entertainment as defined in this ordinance. It is well established and has been the experience of other communities in Georgia and throughout the United States that adult entertainment, which includes public nudity, has been associated with and may encourage disorderly conduct, prostitution and sexual assault. This section advances the substantial government interest in promoting and protecting public health, safety, and general welfare, maintaining law and order and prohibiting public nudity. The section is narrowly constructed to protect the First Amendment rights of citizens of Fulton County while furthering the substantial governmental interest of combating the secondary effects of public nudity and adult entertainment from areas and uses of the community which are incompatible. Areas and uses which are to be protected from adult entertainment include but are not limited to residential, churches, day care centers, libraries, recreational facilities, and schools.

Required Districts: M-1 (Light Industrial) and M-2 (Heavy Industrial)

Standards:

All boundary lines of the property included within the use permit must be located at least 1,000 feet from the properties listed below:

The boundary line of the use permit must be located at least 1,500 feet from the property line of any other adult entertainment establishment or adult bookstore.

Submit with the application for a use permit, a certified boundary survey of the site and the property lines of surrounding properties identifying the use of properties at or within 1,000 feet of the boundary lines of the subject property and adult entertainment establishments and/or adult bookstores within 1,500 feet of the boundary line of the subject property.

No final land disturbance permit, building permit, certificate of occupancy, or building permit review certificate may by issued until the approved Fulton County Adult Entertainment Business License is filed with the director of the environment and community development department.

If the adult entertainment business is to be located in an existing structure where a land disturbance permit is not required, an existing building permit review application must be filed and approved in the environment and community development department prior to any occupancy.

Building shall be located a minimum of 50 feet from all property lines.

Parking spaces at a ratio of ten per 1,000 gross square feet of floor space shall be provided.

Permitted curb cut access shall be directly from a major thoroughfare.

On-premise signs shall not display lewd or graphic depictions of body parts or acts which are defined in article and subsection 3.3.1.

10.

No adult entertainment shall be visible from outside the structure.

11.

Permit Issuance (Added 07/02/03): Notwithstanding the provisions of 19.2.3 and 19.2.4, any applicant meeting the above requirements and standards shall be entitled to the issuance of a use permit.

Permit Application (Added 07/02/03): Nothing in this section shall allow for the conducting or zoning of any business or entity which would otherwise be illegal.

19.4.3 Agricultural-related activities. (Added 07/07/99)

Intent. It is the intent of this article to allow certain agricultural-related activities with a use permit in compliance with the development standards below to preserve the nature of agricultural areas. Such uses shall include, but not be limited to, petting zoo, educational tours, dude ranches, picnicking, and pay fishing.

Required District: AG-1

Standards:

Minimum lot size shall be five acres.

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

Food services may be provided.

A minimum of 100-foot setback is required from all property lines for activity areas, including parking.

All structures housing animals shall be set back a minimum of 100 feet from all property lines.

All parking and access areas must be of an all weather surface per article 18, Festivals, Outdoor.

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.

Hours of operation shall commence no earlier than 6:00 a.m. and cease by 10:00 p.m.

If located adjacent to any residential district or an AG-1 district used for single family, the minimum buffers and landscape strips required for the O-I district as specified in section 4.23 shall be required.

10.

Sanitary facilities or trash receptacles shall be located a minimum of 100 feet from a property line of any residential district and/or AG-1 district used for single family.

19.4.4 Aircraft landing area. (Amended 3/6/91)

Required Districts: All

Standards:

For fixed wing aircraft, a 1,000-foot clear zone extending from the end of all runways shall be secured through ownership or easement, but in no case shall the end of a runway be closer than 200 feet from any property line.

For both fixed and rotary-wing aircraft, neither the landing area nor any building, structure or navigational aid shall be located within 400 feet of a property line adjacent to any residential district and/or AG-1 district used for single family.

Landing areas for fixed wing and rotary wing aircraft shall be designed to comply with the Airport Design Guide of the Federal Aviation Administration.

If located within or adjacent to a residential district and/or AG-1 district used for single family, the hours of operation shall be limited to 7:00 a.m. to 11:00 p.m.

A use permit for an aircraft landing area shall have no force and effect except for requesting a land disturbance permit prior to filing a satisfactory FAA airspace analysis with the director of the environment and community development department.

In accordance with section 28.4.3.2, submit an environmental impact report as required. (Amended 04/03/02)

19.4.5 Amateur radio antenna to exceed the administrative permit height (See also Administrative Permit 19.3.1(1)). (Added 07/07/93)

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

Required Districts: All

Standards:

Antennas shall be located in the rear yard.

The request to exceed the height of 90 feet shall be accompanied by a written justification of its intent by the licensee. Under no circumstances shall an antenna exceed 200 feet in height.

All antennas shall be set back from the property line one-third the height of the antenna or the district setback requirements, whichever is greater. However, the antenna must be located a distance equal to or greater than the antenna height from the nearest residential dwelling, excluding the primary dwelling or structure which is located on the same lot as the antenna.

Antennas shall not be lighted.

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

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

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

19.4.6 Amphitheaters.

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

Standards:

Lot area shall be a minimum of ten acres.

The stage shall be located a minimum of 600 feet from adjacent properties zoned for residential use and/or AG-1 districts used for single family.

Permitted curb cut access shall be only from an arterial street.

A minimum 100-foot buffer and ten-foot improvement setback shall be provided adjacent to residential districts, property zoned for residential use zoning or development or AG-1 districts when used for single family.

A minimum 50-foot buffer and ten-foot improvement setback shall be provided adjacent to non-residential districts zoning or development.

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

Eight-foot high fencing shall be provided adjacent to properties zoned for residential use or AG-1 districts used for single family.

The hours of operation of the facility shall be limited to 8:00 a.m. to 11:00 p.m. when adjacent to properties zoned for residential use and/or AG-1 districts used for single family.

Facilities must be served by public sewer when gravity flow sewer is available within 1,000 feet of the property.

10.

Provide per the following chart a minimum distance separation between the nearest property line of the proposed amphitheater and the nearest property line of an amphitheater with frontage on the same road(s) as the proposed facility.

Road Functional Class*	Distance Between Uses
Urban Principal Arterial	None
Urban Minor Arterial	1,000 feet
Urban Collector Street	½ mile
Urban Local Street	½ mile

*Source: The Department of Transportation Division of Planning, Data, and Intermodel Development Office of Transportation Data in cooperation with U.S. Department of Transportation Federal Highway Administration as of 08/07/2007.

19.4.7 Antenna tower, and associated structure (radio, TV, microwave broadcasting, etc.), to exceed the district height. (Titled Changed 3/6/91, Amended 3/5/97, 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.

The following regulations on design, location, placement, and height limits of antennas in residential and AG-1 zoned districts implements Fulton County's governmental interest in land planning, aesthetics and public safety by requiring the following use permit standards:

Required Districts: Residential districts, MIX and AG-1 (See same heading in section 19.3, for other non-residential districts.)

Standards:

Towers must be set back a distance equal to 1½ times the height of the tower adjacent to residential and/or AG-1 zoned property.

Height shall not exceed 200 feet from existing grade.

Tower and 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.

A minimum ten-foot landscape strip planted to buffer standards shall be required surrounding the facility exterior to the required fence unless the Fulton County Arborist determines that existing plant materials are adequate.

Antennas or towers shall not have lights unless required by federal or state law.

Towers shall not be located within one-half mile from any existing telecommunication tower above the district height, excluding alternative structures.

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.

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

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.

10.

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

11.

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.

12.

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.

13.

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

14.

An application for a telecommunications facility shall be submitted in accordance with the department's plan review submittal requirements.

15.

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.

16.

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

19.4.8 Bed and breakfast. (Added 06/01/94)

Required Districts: AG-1 (Agricultural), R-6, and TR (Townhouse Residential)

Standards:

A minimum of two guest rooms and a maximum of five guest rooms are permitted.

No parking in the minimum front yard.

The bed and breakfast shall be owner occupied.

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

The minimum landscape and buffer areas hall be required as specified in section 4.23 for AG-1 Agricultural district.

Parking requirements shall be the same as hotel/motel as specified in article 18.

Identification or advertising signs shall be limited to four square feet in surface area and four feet in height.

19.4.9 Cemetery and/or mausoleum (human or pet).

Required Districts: All

Standards:

Permitted curb cut access shall be only from a major thoroughfare, unless in conjunction with a place of worship.

No building shall be located within 50 feet of a residential district and/or AG-1 district used for single family.

All structures, including graves, shall be inside meet the minimum yard setbacks or ten feet, whichever is greater.

If located adjacent to a single family dwelling district and/or AG-1 district used for single family, the minimum buffers and landscape strips required for the O-I district as specified in section 4.23 shall be required.

19.4.10 Church, temple or place of worship. (Amended 3/6/91, 4/7/93, 04/03/02)

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

Standards:

All buildings and use areas/structures other than parking and pedestrian walkways shall be located at least 100 feet from any adjoining residential district and/or AG-1 district used for single family.

No parking shall be located within the minimum front yard setback.

Any associated day care centers, private schools, recreational fields or other uses requiring a use permit or administrative permit shall be allowed only under a separate approved use permit or administrative permit for each use.

The minimum buffers and landscape strips required for the O-I zoning district as specified in section 4.23 shall be required.

Facilities must be served by public sewer when gravity flow sewer is available within 1,000 feet of the property.

Provide a 300-foot distance separation measured by the most direct route of travel on the ground between any church building and any business that is licensed for the sale or consumption of liquor, wine or malt beverages.

19.4.11 Commercial amusement, outdoor including but not limited to amusement parks, bungee jumping parks, skateboard parks, ski slopes, batting cages, miniature golf, drive-in theaters, etc. (See also 19.4.17 DRIVING RANGES) (Name Change, 03/07/90)

Required Districts: C-2, M1-A, M-1 and M-2

Standards:

Permitted curb cut access shall be derived only from arterial streets.

A minimum 100-foot buffer and ten-foot improvement setback shall be provided adjacent to residential districts and/or AG-1 districts used for single family.

A minimum 50-foot buffer and ten-foot improvement setback shall be provided adjacent to non-residential zoning or development districts.

Eigh-foot high fencing shall be provided adjacent to any residential district and/or AG-1 district when used for single family and interior to any required landscape strips or buffers.

The hours of operation of the facility shall be limited to 8:00 a.m. to 11:00 p.m. adjacent to residential districts and/or AG-1 when used for single family.

All recreational structures and activities shall maintain a minimum setback of 100 feet from any public right-of-way.

The height limits of the zoning district shall apply to all recreational structures unless a use permit to exceed the height is granted. (See section 19.4.21).

Facilities must be served by public sewer when gravity flow sewer is available within 1,000 feet of the property.

10.

Provide per the following chart a minimum distance separation between the nearest property line of the proposed outdoor commercial amusement and the nearest property line of an outdoor commercial amusement with frontage on the same road(s) as the proposed facility.

Road Functional Class*	Distance Between Uses
Urban Principal Arterial	None
Urban Minor Arterial	1,000 feet
Urban Collector Street	½ mile
Urban Local Street	½ mile

19.4.12 Composting. (Added 11/03/93)

Required Districts: AG-1

Standards:

Lot area shall be a minimum of five acres.

Permitted curb cut access shall be derived from an arterial or major collector.

The hours of operation shall be between the hours of 7:00 a.m. to 6:00 p.m.

All operations shall maintain a minimum setback of 100 feet from all property lines.

The minimum buffers required are as specified for the M-1 District. (See section 4.23)

On-site traffic shall be limited to an all-weather surfaced area.

Stored materials shall be contained in such a manner as to prevent the blowing of any materials onto any surrounding property or roadway.

The composting facility shall obtain all necessary permits from the Department of Natural Resources, Environmental Protection Division.

10.

In accordance with section 28.4.3.2., submit an environmental impact report as required. (Amended 04/03/02)

19.4.13 Convalescent center/nursing home/hospice. (Added as a permitted use in O-I, MIX, A, A-L, C-1 and C-2)

Required Districts: R-6 and TR

Standards:

Facilities shall be for five persons or more.

Permitted curb cut access shall be from an arterial or a major collector.

Provide the minimum landscape strips and buffers as required for the O-I zoning district as specified in section 4.23.

Provide a 50-foot building setback from all single family districts or AG-1 districts used for single family.

No parking allowed within the minimum front yard setback.

Rooms or suites of rooms may be designed with separate kitchen facilities.

Facility shall comply with applicable local, state, and federal regulations.

In accordance with Article 28.4.6, submit a Noise Study Report as required. (Added 04/03/02)

Facilities must be served by public sewer when gravity flow sewer is available within 1,000 feet of the property.

10.

Provide per the following chart a minimum distance separation between the nearest property line of the proposed convalescent center, nursing home/hospice and the nearest property line of a convalescent center, nursing home/hospice with frontage on the same road(s) as the proposed facility.

Road Functional Class*	Distance Between Uses
Urban Principal Arterial	None
Urban Minor Arterial	1,000 feet
Urban Collector Street	½ mile
Urban Local Street	½ mile

19.4.14 Country inn.

Required Districts: AG-1

Standards:

Lot area shall be a minimum of 5 acres.

A minimum of six guest rooms and a maximum of 30 rooms are permitted. (See article 19.4.8, Bed and Breakfast, for less than six guest rooms).

The country inn shall be owner occupied.

Permitted curb cut access shall be from a minor collector or higher road classification.

The establishment may provide meal services to guests.

Parking shall not be permitted within the minimum front yard setback.

The minimum landscape strip and buffer requirements for the O-I district as specified in section 4.23 shall be required.

Identification or advertising signs shall be limited to one sign of not more than nine square feet and no more than four feet in height.

Parking requirements shall be the same as hotel/motel as specified in Article 18.

19.4.15 Day care facility. (Amended 04/03/02, 03/03/04) (Allowed as a permitted use in CUP, O-I, MIX, C-1 & C-2 Districts)

Required Districts: R-6, TR, A, and A-L. May be allowed in single family districts and AG-1 in conjunction with an institutional use such as a church, temple, place of worship, school or a hospital.

Standards:

Facility shall be for seven or more persons, excluding staff.

Provide minimum landscape strips, buffers and improvement setbacks as specified for the O-I district in section 4.23.1.

Provide a minimum six-foot high opaque fence interior to any 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.

The hours of operation shall be limited to Monday through Friday from 6:00 a.m. to 7:00 p.m.

No parking allowed in the minimum front yard setback.

Driveway design shall permit vehicles to exit the property in a forward direction.

In accordance with article 28.4.6, submit a noise study report as required. (Added 4-3-02)

Facilities must be served by public sewer when gravity flow sewer is available within 1,000 feet of the property.

10.

Provide per the following chart a minimum distance separation between the nearest property line of the proposed day care and the nearest property line of a day care with frontage on the same road(s) as the proposed facility.

Road Functional Class*	Distance Between Uses
Urban Principal Arterial	None
Urban Minor Arterial	1,000 feet
Urban Collector Street	½ mile
Urban Local Street	½ mile

19.4.16 Open.

19.4.17 Driving range. (not associated with a golf course)

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

Standards:

Lot area shall be a minimum of ten acres.

Permitted curb cut access shall be from a major collector or arterial.

Loudspeakers/paging systems are prohibited adjacent to residential districts and/or AG-1 districts used for single family.

The hours of operation shall be limited to 8:00 a.m. to 11:00 p.m. adjacent to residential districts and/or AG-1 districts used for single family.

19.4.17(1) Open.

19.4.18 Equine garment fabrication.

Required Districts: AG-1

Standards:

Limited to the fabrication and wholesale distribution of blankets, saddles, halters, and other similar garments.

All fabrication and storage associated with the permitted use shall occur entirely within a completely enclosed building.

19.4.19 Festivals or events, outdoor/indoor including but not limited to horse shows, carnivals, dog shows, arts and crafts shows, music festivals, etc. (Name Changed 3-7-90, Amended 7-7-93, 6-1-94) Event is marketed to populations outside the local community. Organizer expects 250 attendees or more at any one time (or see administrative permit (Article 19.3.3. Event, Special Indoor/Outdoor) for special events local in nature and less than 250 attendees at any one time).

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

Standards:

Permitted curb cut access shall be from local streets.

Eight-foot high 100 percent opaque fencing shall be provided adjacent to residential districts and/or AG-1 districts used for single family.

Hours of operation shall be between 8:00 a.m. and 11:00 p.m. when adjacent to residential districts and/or AG-1 districts used for single family.

Activity areas, including parking, shall be at least 100 feet from a residential district and/or AG-1 districts used for single family.

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 to land which is used for residential districts and/or AG-1 districts used for single family purposes. (Added 7/5/89)

The festival or event shall be limited to a three-year period from the date of the board of commissioners approval not to exceed a total of 180 consecutive days in a calendar year.

(16-0363, pt. 3, 5-4-16)

19.4.20. Group residence. (Amended 4-3-02) (Allowed as a permitted use in A, A-L, O-I, MIX, C-1 & C-2 districts)

Required Districts: R-6 and TR

Standards:

Facilities shall be for five persons or more.

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

The minimum landscape strips and buffers required for the O-I district as specified in section 4.23 shall be provided.

Parking shall not be permitted within the minimum front yard.

Facility shall comply with applicable local, state, and federal regulations and provide department of environment and community development with the applicable permit prior to the issuance of a certificate of occupancy.

Facility shall not be located closer than a quarter mile to the nearest property line of another group residence. (Added 4-5-06)

Facilities must be served by public sewer when gravity flow sewer is available within 1,000 feet of property.

19.4.20(1) Group residence for children (five to eight children). (Added 11-3-04, Required Districts Amended 4-5-06)

Required Districts: AG-1, R-1, R-2, R-2A, R-3, R-3A, R-4, R-4A, R-5, R-5A, SUB-A, SUB-B, SUB-C, NUP, CUP

Standards:

Facility shall be for no more than eight children.

Parking shall comply with the requirements of article 18 for dwellings.

Copies of applicable local, state, and federal permits shall be provided to the department of environment and community development prior to the issuance of a certificate of occupancy.

Facility shall not be located closer than a quarter mile to the nearest property line of another group residence. (Added 4-5-06)

Facilities must be served by public sewer when available within 1,000 feet of a utilized gravity flow.

19.4.20(2) Group residence for children (nine to 15 children). (Added 11/03/04)

Required Districts: R-6 and TR

Standards:

Facility shall be for no more than 15 children.

Parking shall comply with the requirements of article 18 for dwelling.

Copies of applicable local, state, and federal permits shall be provided to the department of environment and community development prior to the issuance of a certificate of occupancy.

Facility shall not be located closer than a quarter mile to the nearest property line of another group residence. (Added 04/05/06)

Facilities must be served by public sewer when gravity flow sewer is available within 1,000 feet of property line.

19.4.21 Height—To exceed district maximum. (Amended 12/6/89)

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

Standards:

Submit a site plan along with the application which shall depict the open space and spatial arrangement of buildings and facilities.

Sources of exterior illumination shall not be visible from adjoining residences.

19.4.22 Open.

19.4.23 Open.

19.4.24 Kennel or outside animal facilities.

Required Districts: C-2, M-1, and M-2 (See article 19.3.19 for enclosed kennels)

Standards:

Minimum one-acre lot size is required.

Buildings and runs, sun areas, exercise yards, patios or facilities other than parking shall be located at least 100 feet from all property lines and 200 feet from any single family district and/or AG-1 district used for single family.

19.4.25 Landfill, inert waste disposal. (Amended 11/1/89, 11/03/93, 04/05/06)

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

Standards:

No access shall be allowed from local streets.

Access streets shall be paved and shall be able to withstand maximum load limits established by the State of Georgia as approved by the director of public works.

No portion of a new landfill shall be located within a three mile radius of the property lines of an existing landfill.

The waste disposal boundary of a landfill shall be located at least 500 feet from all property lines except adjacent to M-1 (Light Industrial) and M-2 (Heavy Industrial) zoned districts.

A minimum 200-foot buffer and ten-foot improvement setback shall be required along all property lines except public rights-of-way.

A minimum 50-foot buffer and ten-foot improvement setback shall be required along all public rights-of-way.

A minimum six-foot high solid fence or wall shall be located on property lines or interior to the required buffers and improvement setbacks.

Limit hours of operation from 6:00 a.m. to 6:00 p.m., Monday through Saturday.

The owner shall provide the director of the environment and community development department a current copy of all applicable permits from the Georgia Department of Natural Resources upon application for a land disturbance permit.

10.

Vehicles shall be allowed into a landfill site only if waste is covered to prevent blowing of material from the vehicle.

11.

In accordance with article 28.4.3.2, submit an environmental impact report as required. (Amended 04/03/02)

12.

No portion of a new or expanded landfill shall be located within a one-mile radius of the property lines of residentially zoned or used property. An expanded landfill shall not include any expanded use within the parcel boundaries of an existing site or location. (Added 04/05/06)

13.

The landfill shall be operated in accordance with the Rules of Georgia, Department of Natural Resources, Environmental Protection Division, Chapter 391-3-4 Solid Waste Management, Official Code of Georgia Annotated 12-8-20 Georgia Comprehensive Solid Waste Management Plan, and 40 CFR Part 258 (Subtitle D of RCRA). (Added 04/05/06)

19.4.26 Landfill, solid waste disposal. (Amended 11/1/89, 11/03/93, 04/05/06)

Required Districts: M-2

Standards:

No access shall be allowed from local streets.

Access streets shall be paved and shall be able to withstand maximum load limits established by the State of Georgia as approved by the director of public works.

No portion of a new landfill shall be located within a three-mile radius of the property lines of an existing landfill.

The waste disposal boundary of a landfill shall be located at least 500 feet from all property lines except adjacent to M-1 (Light Industrial) and M-2 (Heavy Industrial) zoned districts.

A minimum 200-foot buffer and ten-foot improvement setback shall be required along all property lines except public rights-of-way.

A minimum 50-foot buffer and ten-foot improvement setback shall be required along all public rights-of-way.

A minimum six-foot high solid fence or wall shall be located on property lines or interior to the required buffers and improvement setbacks.

Limit hours of operation from 6:00 a.m. to 6:00 p.m., Monday through Saturday.

10.

Vehicles shall be allowed into a landfill site only if waste is covered to prevent blowing of material from the vehicle.

11.

In accordance with article 28.4.3.2, submit an environmental impact report as required. (Amended 04/03/02)

12.

No portion of a new or expanded landfill shall be located within a one-mile radius of the property lines of a residentially zoned or used property. An expanded landfill shall not include any expanded use within the parcel boundaries of an existing site or location. (Added 04/05/06)

13.

The landfill shall be sited and operated in accordance with the Rules of Georgia, Department of Natural Resources, Environmental Protection Division, Chapter 391-3-4 Solid Waste Management, Official Code of Georgia Annotated 12-8-20 Georgia Comprehensive Solid Waste Management Plan, and 40 CFR Part 258 (Subtitle D of RCRA). (Added 04/05/06)

19.4.27 Landscaping business, plant nursery, or garden center with indoor retail component. (Added 04/03/02)

Required Districts: AG-1 (Agricultural)

Standards:

No access shall be allowed from local streets.

No parking is permitted in the minimum front yard.

All use areas/structures other than parking and pedestrian walkways shall be located at least 50 feet from any adjoining residential district or AG-1 (Agricultural) district.

Limit hours of operation from 6:00 a.m. to 8:00 p.m.

The minimum buffers and landscape strips required for the O-I (Office-Institutional) zoning district as specified in section 4.23 shall be required.

Structure(s) for retail sales shall be limited to 1,000 total gross square feet.

19.4.28 Lodge, retreat and/or campground facilities to include lodging and food service for social, educational and/or recreational purposes. (Added 8/1/90, Amended 2/7/96)

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

Standards:

Minimum lot size shall be ten acres.

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

A minimum 100-foot wide buffer and ten-foot improvement setback are required adjacent to residential districts, AG-1 districts used for single family and adjoining a public street.

A minimum 50-foot wide buffer and ten-foot improvement district are required adjacent to all other non-residential districts.

Length of the stay for all but permanent staff shall not exceed 30 consecutive days.

Sanitary facilities or trash receptacles shall be located a minimum of 200 feet from any residential district and/or AG-1 district when used for single family.

Recreational facilities associated with the use shall be for staff and guests only.

One parking space per lodging unit or five per 1,000 square feet of floor area, whichever is greater.

10.

Facilities must be served by public sewer when available within 1,000 feet of a utilized gravity flow.

11.

Provide per the following chart a minimum distance separation between the nearest property line of the proposed lodge, retreat or campground and the nearest property line of a lodge, retreat or campground with frontage on the same road(s) as the proposed facility.

Road Functional Class*	Distance Between Uses
Urban Principal Arterial	None
Urban Minor Arterial	1,000 feet
Urban Collector Street	½ mile
Urban Local Street	½ mile

19.4.28(1) Medical related lodging. (Added 12/4/91)(Allowed as a permitted use in A and A-L)

Required Districts: R-6 and TR

Standards:

Total number of bedrooms or units shall not exceed 20, including staff facilities.

Rooms or suites of rooms may be designed with separate kitchen facilities.

Lodging Facility shall be located within one mile of a hospital or inpatient clinic.

Facilities locating in a TR district must have frontage on streets with classifications higher than local streets.

If located adjacent to a single family district and/or an AG-1 district used for single family, the minimum buffers and landscape strips required for the O-I district as specified in section 4.23 shall be required.

Off-street parking requirements shall be one per living unit plus one per nonresident employee. Parking is not allowed in the front yard setback.

Signs shall not exceed four square feet in area and four feet in height.

Facilities must be served by public sewer when available within 1,000 feet of a utilized gravity flow.

Provide per the following chart a minimum distance separation between the nearest property line of the proposed medical related housing and the nearest property line of medical related housing with frontage on the same road(s) as the proposed facility.

Road Functional Class*	Distance Between Uses
Urban Principal Arterial	None
Urban Minor Arterial	1,000 feet
Urban Collector Street	½ mile
Urban Local Street	½ mile

19.4.29 Open.

19.4.30 Open.

19.4.31 Mobile home—Accessory dwelling.

Required Districts: AG-1

Standards:

The mobile home shall be limited to a three-year period from the date of the board of commissioners' approval, after which the mobile home shall be removed unless an additional use permit has been granted. (Amended 3/4/92)

The mobile home shall be located in the rear yard of an existing residential structure in conformance with the yard standards for the location of accessory buildings.

The mobile home shall be for the exclusive use of and occupancy by a member of the family or a near relative of the occupant of the existing structure, including father, mother, sister, brother, daughter-in-law, son-in-law, child, ward or guardian.

19.4.31(1) Nightclub/private club.

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

Standards:

Permitted curb cut access shall be derived only from arterial streets.

The hours of operation shall be limited to the following hours:

Monday through Saturday	11:00 a.m. until 2:30 a.m. the next day
Sunday	12:30 p.m. until midnight

If adjacent to a residentially zoned or used district the hours of operation including the parking lot area shall be:

Monday through Thursday	11:00 a.m. until 12:30 a.m. the next day
Friday and Saturday	11:00 a.m. until 1:30 a.m. the next day
Sunday	12:30 p.m. until midnight

All facilities must close and clear their premises, including all exterior and parking lot areas, of patrons within 30 minutes after the set ending time for alcohol sales.

All music and entertainment activities associated with the use shall occur entirely within a completely enclosed soundproof structure.

A sound level of 65 dBA shall not be exceeded at the property line of any adjacent residential zoning or use.

Outdoor gathering areas for patrons other than parking shall be limited to 15% of the gross floor area of the venue. No outdoor gathering area for patrons use other than parking shall be permitted if the property is adjacent to a residential zoning or use.

Alcoholic and non-alcoholic beverages shall not be "for sale" outside the interior (heated and/or cooled) areas of the nightclub/private club.

Entertainment, DJ booths, outdoor loudspeakers and dancing are prohibited in all outdoor areas.

All parking for the venue shall be provided onsite and meet the minimum standard of 10 parking spaces per 1,000 gross square feet of building area.

10.

Shared and/or offsite parking are prohibited.

11.

Parking shall be setback a minimum of 50 feet from a property line adjacent to a residential zoning or use.

12.

Facilities must be served by public sewer when gravity flow sewer is available within 1,000 feet of the property.

13.

Provide a minimum distance separation of 600 feet as measured from each property line of a daycare use.

14.

Provide per the following chart a minimum distance separation as measured from each property line of a nightclub/private club.

Road Functional Class ^*	Distance Between Uses
Urban Principal Arterial	500 ft.
Urban Minor Arterial	1,000 ft.

^* Source: The Department of Transportation Division of Planning, Data, and Intermodal Development Office of Transportation Data in cooperation with U.S. Department of Transportation Federal Highway Administration as of Aug. 7, 2007.

(Res. No. 11-0884, pt. 2, 10-5-11)

19.4.32 Quarries and/or surface mining sites. (Added 04/05/06)

Required Districts: AG-1, M-2

Standards:

No portion of a new or expanded quarry shall be located within a 1.5 mile radius of the property lines of a residentially zoned or used property. An expanded quarry shall not include any expanded use within the parcel boundaries of an existing site or location.

No portion of a new or expanded surface mining site shall be located within a 500-foot radius of the property lines of a residentially zoned or used property. An expanded surface mining site shall not include any expanded use within the parcel boundaries of an existing site or location.

All activities of a quarry and/or surface mining shall be in compliance with the Georgia Blasting Standards Act of 1978, the 1968 Georgia Surface Mining Act and the U.S. Bureau of Mines RI 8507.

19.4.33 Personal care home/assisted living. (Allowed as a permitted use in O-I, A, A-L, MIX, C-1 and C-2)

Required Districts: R-6 and TR

Standards:

Facilities shall be for five persons or more.

Permitted curb cut access shall be from an arterial or a major collector. Permitted curb cut access may be allowed from a minor collector if within 1,000 feet of the property line of an institutional use.

Provide a 50-foot building setback from single family districts and/or AG-1 districts when used for single family.

No parking allowed in the minimum front yard setback.

The minimum parking spaces provided shall be in conformance with health care facilities per article 18.2.1.

Provide landscape strips and buffers as required in the O-I district as specified in article 4.23.

Rooms or suites of rooms may be designed with separate kitchen facilities.

Facility shall comply with all applicable local, state, and federal regulations, and provide applicable permits to the department of environment and community development prior to the issuance of a certificate of occupancy.

In accordance with article 28.4.6, submit a noise study report as required. (Added 04/03/02)

10.

Facilities must be served by public sewer when gravity flow sewer is available within 1,000 feet of the property.

11.

Provide per the following chart a minimum distance separation between the nearest property line of the proposed personal care home/assisted living facility and the nearest property line of an existing personal care home/assisted living facility with frontage on the same road(s) as the proposed facility.

Road Functional Class*	Distance Between Uses
Urban Principal Arterial	None
Urban Minor Arterial	1,000 feet
Urban Collector Street	½ mile
Urban Local Street	½ mile

19.4.34 Private correctional facility/prison. (Added 07/07/99)

Required Districts: M-1, M-2

Standards:

Minimum lot size: 100 acres

All boundary lines of the property included within the use permit must be located at least 500 feet from the properties listed below:

The property line of 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 zoned property or property conditioned or used for residential purposes.

All boundary lines of the property included within the use permit must be located at least ten miles from all property lines of any other correctional facility.

Submit, with the application for a use permit, a certified boundary survey of the site and the use of adjoining properties. If any of the uses or zoning districts referenced in B.2.a. and b. are located within 500 feet of the boundary lines of the subject property, and/or a correctional facility is located within ten miles of the boundary line of the subject property, they must be identified by map as part of the use permit application.

A minimum 200-foot wide buffer and ten-foot improvement setback shall be provided adjacent to any property zoned other than M-1 and M-2 and from any property used for residential purposes.

A minimum 100-foot wide buffer and ten-foot improvement setback shall be provided adjacent to property zoned M-1 and/or M-2.

Permitted curb cut access shall be from a major thoroughfare.

Parking spaces shall be in accordance with article 18, Hospitals.

Fencing shall be in accordance with American Correction Institute standards and located interior to required buffers and improvement setbacks.

10.

Lighting shall be in accordance with American Correction Institute standards and the lighting standards set forth in this zoning resolution. The more restrictive standards shall apply.

11.

Facility shall comply with all applicable local, state, and federal regulations and applicable permits shall be provided to the environment and community development department prior to the issuance of a certificate of occupancy.

12.

Facilities must be served by public sewer when gravity flow sewer is available within 1,000 feet of the property.

19.4.35 Race track.

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

Standards:

A minimum of ten acres is required.

The race track and spectator stands for animal tracks shall be located a minimum of 500 feet from residential districts and/or AG-1 districts used for single family, and 2,000 feet from such districts for vehicular tracks.

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

A minimum 75-foot buffer and ten-foot improvement setback shall be provided adjacent to residential districts and/or AG-1 districts used for single family.

A minimum 50-foot buffer and ten-foot improvement setback shall be provided adjacent to all other property lines.

Provide an eight-foot high fence interior to the required buffer/improvement setback and landscape strips.

Hours of operation shall be limited to 8:00 a.m. to 10:00 p.m. when adjacent to residential districts and/or AG-1 districts used for single family.

In accordance with section 28.4.3.2, submit an environmental impact report as required. (Amended 04/03/02)

10.

Facilities must be served by public sewer when gravity flow sewer is available within 1,000 feet of the property.

19.4.36 Recreational fields including but not limited to soccer, softball, baseball, polo, football, cricket, etc.

Required Districts: All

Standards:

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

A minimum 50-foot buffer and ten-foot improvement setback shall be provided adjacent to residential districts and/or AG-1 districts used for single family.

Loudspeakers/paging systems are prohibited adjacent to residentially used property.

The hours of operation shall be limited to daylight hours when said facility is located adjacent to residential districts and/or AG-1 districts used for single family.

19.4.37 Recycling center, reprocessing. (Added 12/4/91, Amended 04/03/02)

Required Districts: C-2 and M-1A

Standards:

Limit hours of operation from 7:00 a.m. to 8:00 p.m., Monday through Saturday.

No portion of a new recycling facility shall be located within a three-mile radius of the property lines of an existing recycling facility.

A minimum 200-foot buffer and ten-foot improvement setback shall be required along all property lines except public rights-of-way.

A minimum 50-foot buffer and ten-foot improvement setback shall be required along all public rights-of-way.

All recyclable materials shall be stored in containers with no stockpiling outside the containers.

Collection, storage containers, or receptacles shall not be allowed in minimum yards. Storage shall be screened with a six-foot high, solid wall or fence, including access gates.

The processing of recyclable materials must be done within an enclosed building.

Driveways shall be designed so vehicles will exit the facility in a forward direction.

A maximum continuous sound level of 65 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.

10.

The recycling center shall comply with regulations administered by the Fulton County Department of Health.

11.

In accordance with article 28.4.3.2, submit an environmental impact report as required. (Amended 04/03/02)

(Res. No. 11-0743, 9-7-11)

19.4.38 Open.

19.4.39 Salvage, storage, and/or junk facility. (Amended 11/03/93, 04/03/02)

Required Districts: M-1 and M-2

Standards:

No portion of a new salvage, storage, and/or junk facility shall be located within a three-mile radius of the property lines of an existing salvage, storage, and/or junk facility.

A minimum 200-foot buffer and ten-foot improvement setback shall be required along all property lines except public rights-of-way.

A minimum 50-foot buffer and ten-foot improvement setback shall be required along all public rights-of-way.

All facilities shall be screened from view from adjacent properties and roadways with a minimum six-foot high, solid fence or wall, as approved by the environment and community development department, except for approved access crossings and utility easements. Said fence or wall shall be located interior to any required buffer or landscape strip. (Amended 3/4/92)

Vehicles and other materials shall not be stacked so that they are visible from any adjacent properties.

In accordance with article 28.4.3.2., submit an environmental impact report as required. (Amended 04/03/02)

19.4.40 School, private or special.

Required Districts: All

Standards:

Minimum lot area shall be one acre.

If located adjacent to a single family dwelling district and/or AG-1 district used for single family, the minimum landscape strips, buffers, and improvement setbacks required for the O-1 district as specified in section 4.23 shall be required. (Amended 04/07/93)

Buildings, and refuse areas shall not be located within 100 feet of a residential district and/or AG-1 district used for single family.

Active outdoor recreation areas shall not be located within 100 feet of an adjoining residential district or use. Recreational fields, such as playing fields, that are accessory to the school do not require a separate use permit.

Day care facilities in association with the school do not require a separate use permit.

Parking areas shall not be located within 50 feet of any residential district and/or AG-1 district used for single family.

Student drop-off and vehicular turn-around facilities shall be provided on the site so that vehicles may re-enter the public street in a forward manner.

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

In accordance with article 28.4.6, submit a noise study report as required. (Added 04/03/02)

10.

Facilities must be served by public sewer when available within 1,000 feet of a utilized gravity flow.

11.

Provide per the following chart a minimum distance separation between the nearest property line of the proposed private or special school facility and the nearest property line of an existing private of special school facility with frontage on the same road(s) as the proposed facility.

Road Functional Class*	Distance Between Uses
Urban Principal Arterial	None
Urban Minor Arterial	1,000 feet
Urban Collector Street	½ mile
Urban Local Street	½ mile

12.

Provide a 600-foot distance separation measured by the most direct route of travel on the ground between the property line of a school and any business that is licensed for the sale or consumption of liquor, wine and malt beverages; a 300-foot distance separation from those businesses that are licensed for consumption or wholesale/retail sales of wine and malt beverages only.

19.4.41 Self storage/mini.

Required Districts: C-1 and C-2

Standards:

At least 75 percent of the total on-site storage space shall be contained in individual enclosed stalls containing no more than 500 square feet each and being no more than ten feet high.

No activities other than the dead storage or transfer of nonvolatile goods or leasing of storage space are permitted. Prohibited uses include but are not limited to miscellaneous sales; fabrication or repair of vehicles, equipment or other goods; transfer-storage business based on site; residential uses (other than the resident manager's apartment), or any use which creates a nuisance due to noise, odor, dust, light or electrical interference.

An on-site manager or resident manager shall be required and shall be responsible for the operation of the facility in conformance with conditions of approval. A resident manager's apartment is included in the use permit.

Provide a minimum six-foot high, 100 percent opaque solid wooden fence or masonry wall along the entire length (except for approved access crossings) of all property lines. Said fence/wall shall to be located outside of any public right-of-way and interior to any required landscape strips or buffers.

A new or expanded self storage facility shall be located a minimum of 1,500 feet from the boundary of any other self storage facility (mini or multi). (Added 03/03/04)

19.4.41(1) Self storage/multi.

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

Standards:

No outside storage shall be allowed, including vehicle leasing.

All buildings shall have windows or architectural treatments that appear as windows.

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

A new or expanded self storage facility shall be located a minimum of 1,500 feet from the boundary of any other self storage facility (mini or multi). (Added 03/03/04)

19.4.41(2) Reserved. (Added 04/05/06; deleted 5/4/11)

19.4.42 Skywalks. (Amended 11/03/93)

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

Standards:

A minimum vertical clearance of 16 feet above all streets, and a minimum vertical clearance of 16 feet above the walkway shall be provided.

Ample space for the free flow of pedestrians with a 12-foot minimum walkway width shall be provided.

Prior to issuance of a building permit, a bridge agreement shall be filed with the environment and community development department as a condition of approval. The environment and community development department shall be responsible for the interpretation and application of the conditions set forth above and no building permit shall be issued by the environment and community development department except upon written approval of the department of public works.

19.4.42(1) Stadium (offsite) associated with a private school. (Added 09/01/04)

Required Districts: All

Standards:

Vehicular access is prohibited from a local street.

A minimum 200-foot buffer and ten-foot improvement setback shall be provided along all property lines adjacent to residential and AG-1 zoned properties.

The hours of operation shall be limited to 8:00 a.m. to 11:00 p.m. adjacent to residential and AG-1 zoned properties.

A 100-foot setback along any public right-of-way is required for all structures and activities.

The height limit of the zoning district shall apply to all structures unless a use permit to exceed district maximum height is approved.

19.4.43 Transfer station, solid waste. (Added 10/02/02, Amended 04/05/06)

Required District: M-2

Standards:

No access shall be allowed from local streets.

Access streets shall be paved and shall be able to withstand maximum load limits established by the State of Georgia as approved by the director of public works.

No portion of a new transfer station shall be located within a three-mile radius of the property lines of an existing transfer station.

A minimum 200-foot buffer and ten-foot improvement setback shall be required along all property lines except public rights-of-way.

A minimum 50-foot buffer and ten-foot improvement setback shall be required along all public rights-of-way.

A minimum six-foot high solid fence or wall shall be located on property lines or interior to the required buffers and improvement setbacks.

Limit hours of operation from 6:00 a.m. to 6:00 p.m., Monday through Saturday.

The owner shall provide the director of the environment and community development department a current copy of all applicable permits from the State of Georgia upon application for a land disturbance permit.

In accordance with article 28.4.3.2, submit an environmental impact report as required.

10.

No portion of a new or expanded solid waste transfer station shall be located within a one-mile radius of the property lines of a residentially zoned or used property. An expanded solid waste transfer station shall not include any expanded use within the parcel boundaries of an existing site or location. (Added 04/05/06)

11.

Transfer stations shall be sited and operated in accordance with State Regulations 3891-3-4.06 Permit by Rule for Collection, Transportation, Processing, and Disposal, Official Code of Georgia Annotated 12-8-20 Georgia Comprehensive Solid Waste Management Act, Fulton County Solid Waste Management Plan, and Waste Transfer Stations: A Manual for Decision-Making (EPA 530-R-02-002, June 2002). (Added 04/05/06)

19.4.44 Open.

(Ord. No. 97-0328, 3-5-97; Ord. No. 97-0568, 5/7/97; Amended 5/7/97; Amended 7/7/99; Res. No. 08-0882, 11/5/08; Amd. No. 11-0289, 5/4/11)

                    
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