CHAPTER 52 – PLANNING, ZONING, AND DEVELOPMENT

 

ARTICLE 1. - INTRODUCTION AND AUTHORITY


52-101 A. - Title.


This ordinance shall be known and cited as "The City of Bloomingdale Unified Development Code."


52-101 B. - Purpose and scope.

These regulations seek to encourage development of land within the City of Bloomingdale in accordance with the policies and goals of the City of Bloomingdale Comprehensive Plan. Providing reasonable land uses and development controls helps reduce or eliminate the occurrence of conditions that may threaten the general health, safety, order, prosperity, and general welfare of the residents of the City of Bloomingdale. This ordinance shall serve the following purposes:

1.      Promote proper use and location, height, bulk, number of stories and size of buildings and other structures; sizes of yards and other open spaces; density and distribution of population; use of buildings, structures and land for commercial trade, professional offices, industry, residential, recreational, sanitation, conservation, transportation and public activities and the percentage of land which may be occupied by structures;

2.      Mitigate congestion, prevent overcrowding of land; to avoid undue concentration of population; to prevent urban sprawl; to facilitate the adequate provision of transportation, water, drainage, sanitary sewer, parks and other public infrastructure; To assure the provision of required streets, utilities, and other facilities and services to new land developments;

3.      To promote desirable living conditions and the sustained stability and integrity of existing neighborhoods;

4.      To foster city economic development; protect property against blight and depreciation; to conserve the value of existing buildings; to encourage the most appropriate use of land, buildings and structures throughout the City of Bloomingdale.

5.      To adequately provide for designs that protect the natural environment and retain the character of the City of Bloomingdale by supporting a landscape and tree protection plan, recreation plan, green space and a higher level of order, prosperity and aesthetics;

6.      To assure the provision of needed public open spaces and building sites in new land developments through the dedication or reservation of land for environmental, recreational, and other public purposes;

7.      To secure economy in governmental expenditures.

8.      To encourage the orderly subdivision of land and maintain clear city land records and that certain basic requirements are met for development of building lots, and to provide for the construction of required public improvements. The recordation of an approved subdivision plan permits the landowner to affect a simple transfer of land created by the subdivision by reference to the recorded plan.

9.      The purpose for the review and approval of site development plans is to provide enforcement of the requirements of the zoning ordinance, state laws, and other regulations are met, and that public improvements, lawfully required by these laws and ordinances or proposed by the applicant, are constructed to appropriate standards. The city may prescribe appropriate conditions and safeguards to further express the intent of this ordinance.

10.  The city shall consider the expeditious, fair and quality review and approval of site plans and subdivision plans and plans as part of the plan for the orderly, efficient, and economical growth and development of the city.

11.  Land to be developed shall be of such a character that it can be used for building purposes without danger to health, peril from fire or flood, and to improve the health, safety, convenience, and general welfare.

12.  The proposed streets and overall traffic pattern shall provide a convenient and safe system conforming to the comprehensive plan and shall be of such width, grade, and location so they accommodate the prospective vehicular, non-vehicular and pedestrian traffic and to facilitate fire protection and emergency services.


 

52-101 C. - Additional purposes.

The City of Bloomingdale Unified Development Code further provides for the following:

1.  Defines certain terms used in this ordinance;

2.  Establishes certain land use zoning districts, the intent of each zoning district, and specifies the boundaries of those districts on the official zoning map;

3.  Establishes procedures for administering, enforcing, appealing and amending the ordinance;

4.  Regulates site design and use of buildings and structures located within the corporate limits of the City of Bloomingdale;

5.  Provides penalties for violation of this ordinance;

6.  Defines the power and duties, as they relate to this ordinance, of the Mayor and City Council, as well as such administrative officers, bodies and agencies that the Mayor and City Council may establish for the efficient exercise of the zoning powers of the City of Bloomingdale including but not limited to the Zoning Administrator and the Planning and Zoning Board.

7.  Repeals all conflicting ordinances, rules and regulations enacted by the City of Bloomingdale, Georgia.


 

52-101 D. - Authority.

Authority for establishment of development regulations in the City of Bloomingdale is contained in Article IX, Section II, Paragraph IV of the 1983 Constitution of the State of Georgia; the Georgia Planning Act, as amended; and in the Zoning Procedures Law, as amended, which includes within its definition of "zoning ordinance" any ordinance which establishes the uses and development standards of property. The public health, safety, morals and general welfare require the harmonious, orderly, and progressive development of land within the cities and counties of the state. In furtherance of this purpose, the Unified Development Code is authorized to carry out the orderly development of communities.

This Unified Development Code is the instrument through which the Mayor and City Council, Planning and Zoning Board, and staff is empowered to carry out future development in the City of Bloomingdale.


52-101 E. - Interpretation and application.

In interpreting and applying these regulations, the requirements contained herein are declared to be the minimum requirements necessary to carry out the purpose of these regulations. These regulations shall not be deemed to interfere with, abolish, override or affect in any manner whatsoever any deeds, easements, covenants or other agreements between parties respecting interest in real property, entered prior to the effective date of this ordinance. Whenever the provisions of these regulations impose greater restrictions upon the use of land, buildings or structures or upon the height of buildings, structures or require a larger percentage of lot to be left unoccupied than the provisions of any deeds, easements, covenants or other agreements between parties respecting interest in real property, entered on or after the effective date of this ordinance, the provisions of this ordinance shall govern.


52-101 F. - Zoning affects all land and buildings.

No building, structure or land shall be used or occupied; and no building, structure or part thereof shall be erected, constructed, reconstructed, moved, placed, enlarged or structurally altered unless in conformity with the regulations of this ordinance.


52-101 G. - Severability and conflicts.

1.  These regulations shall have the force and effect of law. In the event any part or provision of this ordinance is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions of this ordinance, which shall remain effective.

2.  Any previously adopted rules and regulations pertaining to developments that are in conflict with these regulations are hereby made null and void.

3.  Whenever the provisions of this ordinance and those of some other ordinance apply to the same subject matter, the ordinance last enacted in time shall govern, and the earlier ordinance shall be deemed repealed by preemption. 


 

52-101 H. - Effective date.

This ordinance shall become effective upon its adoption on the final reading; provided, however, this ordinance shall apply only to development and zoning applications filed after its effective date. All pending applications shall continue to be processed under the regulations in effect on the date such application, in complete form and with all requisite fees paid, was accepted.


52-101 I. - Amendments.

Whenever the Mayor and City Council amends this ordinance, such amendments shall have no effect on previously accepted applications in the development process; provided, however, an applicant may elect to have an on-going development project comply with the newly amended standards.


52-101 J. - Jurisdiction.

These regulations shall govern all developments of land within the incorporated areas of the City of Bloomingdale, Georgia as now or hereafter established, and shall govern all undeveloped properties and projects.


52-101 K. - Violations and penalties.

Any person, firm, corporation or any agent, servant, employee, officer or contractor for any person, firm or corporation who shall violate any provision, requirement, term or condition of this ordinance shall be cited for trial before the municipal court, and if found guilty, may be punished by a fine not to exceed $500.00 per day, and each day of such violation shall constitute a separate offense.

1.  The City Administrator, the Zoning Administrator, or their designated representative are hereby authorized and directed to issue "Stop Work" orders in writing on any project when the person or persons responsible therefore shall fail or refuse to comply with any ordinance or regulation, including these standards, pertaining to any matter contained herein or in any ordinance or resolution relating to zoning or land development. Such "Stop Work" orders may be lifted at such time as the city is satisfied that a good faith effort to comply is being made. A written order is not required from the responsible department director where an emergency exists.

2.  Whenever either the City Administrator, Zoning Administrator, or their designated representative finds that any existing grading, drainage or other condition involving the application of these regulations constitutes or creates a public hazard and/or emergency condition, the owner of the property on which such condition is identified shall, upon receipt of notice in writing from the appropriate director, perform or cause to be performed such remedial work, repairs, or maintenance, as the director deems necessary to abate the hazard. Any such work shall be done in conformance with the requirements of this ordinance, and any orders issued by the director in question. Failure to comply with an emergency order hereunder shall constitute a violation of this ordinance.

3.  Any person who violates any provision of this ordinance and any rules and regulations adopted pursuant thereto, or any permit, condition or limitation established pursuant to these regulations, or who negligently or intentionally fails or refuses to comply with any order of the city issued under authority hereof shall be liable for a civil penalty not to exceed $500.00 per day. Each day during which the violation or failure or refusal to comply continues shall be a separate violation.


 

52-101 L. - Limits to director's authority: Variances.

The minimum development standards set forth in this ordinance are intended to control all development within the city and be strictly adhered to. City staff has no authority to waive any requirement or to grant variances, except under special circumstances for zoning criteria related to infill development, as provided by *** Article 6. When compliance with a particular requirement contained in this ordinance unduly burdens the applicant, or is reasonably likely to create harm to an adjacent property, applicant may seek a variance, as provided by *** Article 4, Procedures.


52-101 M. - Platting authority.

From and after the effective date of this ordinance, the Mayor and Council shall be the official subdivision platting authority, and no plan of a land subdivision as defined in these regulations shall be entitled to be recorded in the Office of the Clerk of the Superior Court of Chatham County unless it shall have the approval of the Zoning Administrator inscribed thereon. The transfer, sale, agreement to sell, or negotiation to sell land by reference to, exhibition of, or other use of a plan of subdivision not bearing the approval of the City of Bloomingdale as provided by this ordinance, or based on a legal description by metes, bounds, courses and distances in an instrument of title, shall not bind the city to recognize the real property so transferred or conveyed as a lot of record for purposes of future development. All requirements of the Bloomingdale Unified Development Code and compliance with all other Bloomingdale ordinances must be completed before a subdivision plat shall be approved.  Further, all required development (installation of utilities- water, sewer, electric, telephone, etc…; paving of streets; drainage/storm water management; buffers/berms; sidewalks; etc…) of the property to be subdivided must be completed before approval of any subdivision plat. 


52-101 N. - Erection of buildings and the moving of permanent or temporary structures.

No building permit shall be issued, and no building or structure shall be constructed, erected, placed, nor shall any permit be issued for permanent or temporary structures to be placed on any lot in the city unless the street, lane, easement, or ROW giving access thereto has been approved.  The street, lane, easement, or ROW giving access thereto must be at least sixty (60) foot wide unless City Council agrees to a different width. This shall include all mobile and temporary buildings and structures to be utilized as offices and businesses.  Further, there shall be only be one building or structure (constructed, erected, placed), whether permanent or temporary, per parcel, lot, or piece of property unless City Council agrees to allow more than one building or structure per parcel, lot, or piece of property.    



ARTICLE 2. - INTERPRETATIONS AND DEFINITIONS


52-201. - Interpretation of Certain Terms and Words.

When used in this ordinance, the following words and phrases have the meaning as defined in this article. Words not defined here have the same meaning as found in most dictionaries, where consistent with the context.

The words "must" "will" and "shall" are mandatory in nature, indicating that an action has to be done.

The word "may" is permissive and allows discretion regarding an action.

When consistent with the context, words used in the singular number include the plural and those used in the plural number include the singular. Words used in the present tense include the future.

The word "district" shall mean "Zoning District" for the purposes of this ordinance.

The word "map" or "zoning map" shall mean the last Official Zoning Map of the City of Bloomingdale that was approved by Mayor and Council for the purposes of this ordinance.

The word "person" includes a firm, company, partnership, association, public or private authority or corporation.

The word "building" includes the term "structure" (all buildings are structures, but not all structures are buildings).

The word "lot" includes the words "lot", "plot" or "parcel".

The word "used" or "occupied" as applied to any land or building shall be considered to also include "designated, arranged, occupied, intended or designed to be used or occupied."


 

52-202. - Definitions.

For the purposes of this chapter, certain terms or words used herein shall be defined as follows:

A

AASHTO: The American Association of State Highway and Transportation Officials.

Abutting: Having property boundaries or lot lines in common with no separating by a street, alley or other right-of-way.

Accessory dwelling unit: A dwelling unit, but not a mobile home, located on the same lot as a one-family detached dwelling unit, usually in the form of a garage apartment, basement apartment, or in-law suite. Each unit has a separate, complete housekeeping unit with a separate entrance, and full bathroom facilities.

Accessory: A structure customarily incidental and subordinate to the principal use or structure and located on the same zoning lots as such a principal use or structure. The combined square footage of all accessory structures shall not exceed 50 percent of the square footage of a residential dwelling or 25 percent square footage of a commercial structure nor shall an accessory structure exceed the height of the principal dwelling structure unless city council agrees to a different percent of square footage and different height based on a case by case bases.

Acre: For the purpose of this ordinance, a measure of land consisting of 43,560 square feet.

Acre-foot: Quantity of water that would cover one acre, one foot deep. An acre-foot contains 43,560 cubic feet.

Acreage: Acres collectively in a tract of land.

Acreage, gross: The collective number of acres in an undeveloped, unimproved tract of land.

Acreage, net: The collective number of acres in a tract of land less the amount of area improved by streets, sidewalks, Stormwater management areas, floodplain, wetlands, required open or common space, greenspace and other public lands.

Adequate channel: A natural or man-made channel or pipe that is capable of conveying the runoff from the applicable storm design without overtopping its banks or eroding, after development of the site in question.

Adjacent/adjoining: Abutting or being directly across a street, alley, other rights-of-way or waterways.

Administrator, zoning: The person designated by the City of Bloomingdale Mayor and Council to administer the enforcement of this ordinance.

Adult daycare: A facility that provides support for elderly individuals (and their families, if present), who do not function fully independently, but who do not need 24-hour nursing care.

Adult entertainment establishments: Any commercial establishment which has as its primary purpose or business the offer for sale of any book, publication or film-video which depicts nudity or sexual conduct or engages in services such as bath houses, massage parlors, nude dancing/strip clubs, wrestling parlors or like activity including a nightclub, cabaret, lounge or other establishment which features adult entertainment.  This shall also include businesses that engage in the production of pornographic materials and/or movies.

Aeronautical related use: A use that involves the operation, storage and/or repair of aviation related parts, products or services; such as, but not limited to, sale of fuel and oil, tie downs, hangars, ramp services, aircraft and avionics repair, aircraft sales, etc.

Agriculture: The raising of soil crops and livestock in a customary manner on tracts of land at least three acres in size and shall include all associated activities. Retail sale of products raised on the premises shall be considered a permissible activity provided that space necessary for the parking of customer's vehicles shall be provided off public right-of-way.

Airport related accessory uses: A use that is clearly incidental to the operation of the facility as an airport, is normally conducted in an airport terminal building, is designed to provide airplane passengers and crews with products and services and is directly related to the ability of the facility to operate as an airport; such as, but not limited to, snack bar, delicatessen, automobile rental agency, newsstand, sundry sales, etc.

Alley: A minor street which is used primarily as a service way providing a secondary means of public access to abutting property and not intended for general traffic circulation. A public or private way within a block, generally giving access to the rear of lots or buildings and not used for general traffic circulation.

Alteration: Any change in the supporting members of a building; any addition to or reduction of a building; any change in use; or any relocation of a building.

Ambulance service or rescue squad: A privately owned facility for the dispatch, storage, and maintenance of emergency medical care vehicles.

Amenity: Aesthetic or other characteristics of a development that increase the desirability to a community or its marketability to the public. Amenities may differ from development to development but may include such things as a unified building design, recreational facilities, site design, neighborhood clubhouse, pool, or tennis courts.

American Disabilities Act:  Civil rights law that prohibits the discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public.  Any person or entity receiving a permit hereunder agrees to fully comply with all requirements of the Americans with Disabilities Act as currently existing or as may be hereafter amended.

ANSI: The American National Standards Institute, Inc.

Applicant: A person seeking any determination or approval under, or permits required by these regulations.

Application: An application for development approval that contains the supporting documentation required by these regulations.

Architect: A person who, by reason of his knowledge of the mathematical and physical sciences and the principles of architecture and architectural design, acquired by professional education, practical experience or both, is qualified to engage in the practice of architecture as attested by the issuance to said person of a license as an architect by the State of Georgia.

Area: The area of a property shown to the nearest whole square foot or to the nearest one hundred thousandth of an acre.

Art, music or other studio: A space which can be used as an artist's workroom, a photographer's establishment, an establishment where an art is taught or studied including but not limited to dance, music, painting, drawing, TV, film, or other art endeavors.

Arterial Street: A major highway with full or partial control of access.

ASCE: The American Society of Civil Engineers.

Assisted living: A residential complex which may be in any form including detached and attached dwelling units and residences offering private and semi-private settings designed for and principally occupied by senior citizens. Such facilities may include a congregate meals program in common dining areas, but exclude institutional care such as medical or nursing care.

ASTM: The American Society of Testing and Materials.

Automotive body, paint and interior repair and maintenance: A wide range of mechanical and electrical repair and maintenance services for automotive vehicles, such as passenger cars, trucks, and vans, and all trailers; or, engine repair and replacement. See NAICS Code 811111 for further explanation.

Automotive engine repair and replacement shops: A wide range of mechanical and electrical repair and maintenance services for automotive vehicles, such as passenger cars, trucks, vans, motorcycles, and all trailers; or, engine repair and replacement. See NAICS Code 811111 for further explanation.

Automotive tire dealers: A wide range of mechanical and electrical repair and maintenance services for automotive vehicles, such as passenger cars, trucks, and vans, and all trailers; or, engine repair and replacement. See NAICS Code 811111 for further explanation.

Awning: A roof like cover extending over or before a place as a shelter and which may be used in lieu of a sign. Such signs must be entirely supported from the building and must not exceed four feet in height.

AWWA: The American Water Works Association.

B

Base flow: The portion of stream flow originating from ground water.

Basement: An area below the first floor having not more than one-half of its height above the grade used for storage, garages for use of occupants of the principal dwelling or other utilities common to the rest of the building. A basement used for the above purposes shall not be counted as a story.

Bed and breakfast inn: A residence in which the owner may reside as a private residence and where guest rooms are made available for visitors. Breakfast is the only real meal served and is included in the charge for the room.

Belt course: Also called stringcourse or band course. A molding or projecting course running horizontally along the face of a building.

                       

2.1: Belt Course

Berm: A shelf or raised barrier (usually made of compacted soil) separating two areas.  It can serve as a buffer/separation barrier between dissimilar zoning districts and/or uses of property.

                       

2.2: Berm

Block: A piece or parcel of land entirely surrounded by public highways or streets other than alleys. In cases where the plotting is incomplete or disconnected, the subdivider may determine the outline of the block.

BMP or Best Management Practice: An effective practicable means of reducing the amount of pollution generated by nonpoint sources, which may be structural or nonstructural practices or a combination of practices.

Mayor and City Council or Mayor and City Council: The governing body of the City of Bloomingdale, Georgia.

Mayor and City Council: The term "Mayor and City Council" means the Mayor and City Council of the City of Bloomingdale, Georgia. An individual member of the council is referred to as a Councilman/Councilwoman.

Boarding home: A dwelling other than a hotel where, for compensation and by prearrangement for a definite period, where meals and/or lodging are provided for four or more persons.

Bond: When a bond is required by law, an undertaking in writing, without seal, is sufficient; and in all bonds where the names of the obligors do not appear in the bond, but are subscribed thereto, they shall be bound thereby.

Breezeway: A covered passage one story in height connecting a main structure and an accessory structure.

Buffer: A natural or landscaped area along the property line between different, the same, and possibly incompatible types of zoning districts or land uses. Fencing may be erected in buffers and may be allowed as a substitute for plant materials. Unless otherwise indicated, buffers may be established within the building setback. A buffer shall not be occupied with structures and facilities except as permitted by this ordinance.

Building: Any structure having a roof and intended for shelter, housing or enclosure of persons, animals or property of any kind.

Building height: The vertical distance of a building measured from the average elevation of the finished grade at the front of the building to the highest point of the building.

Building setback line: The minimum horizontal distance between the property line or the street right-of-way where appropriate and the building or any projection thereof, except as noted in the zoning regulations.

 

2.4: Building Setback

 Building, accessory: A detached structure, the use of which is clearly incidental to, customarily associated with and related to the principal structure or use of the land and which is located on the same lot as the principal structure or use.

Building, principal: The building in which the principal use of the zoning lot on which said building is situated.

C

Car wash: A primary, main or accessory use, which provides space or bays for cleaning vehicles.

Care home: A rest home, nursing home, convalescent home, home for the aged or similar use established and operated on a profit or non-profit basis to provide lodging and/or meals and/or domiciliary care for aged, informed, chronically ill or convalescent persons.

Catchment area or basin: See Watershed.

Cellar:  A space with less than one-half of its floor-to-ceiling height above the average finished grade of the adjoining ground or with a floor-to-ceiling height of less than 6.5 feet.

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2.5: Cellar

Cemetery: The use of property as a burial place for human remains. Such a property may contain a mausoleum.

Center line: The line surveyed and monumented by the governing authority as the center line of the street or highway. If such center line has not been surveyed, it shall be that the (sic) line running midway between the outside curb and ditches of the street or highway or the middle of the traveled roadway or the street.

Channel: An elongated depression, either naturally or artificially created and of appreciable size, which periodically or continuously contains moving water, or which forms a connecting link between two bodies of water. It must have a definite bed and bank that serve to confine the water.

Charter: The term "Charter" means the Charter of Bloomingdale, Georgia.

Check cashing facility: A person or business that for compensation engages in whole or part in the business of cashing checks, money orders or other commercial paper services the same purpose as check cashing. This does not include a state or federally chartered bank, saving and loan or credit union.

City: The term "city" means the City of Bloomingdale, Georgia.

City Administrator: The City Administrator of the City of Bloomingdale, Georgia.

City engineer: The City Engineer of the City of Bloomingdale, Georgia.

Civic building, facility, land: A building or site for functions accessed by the general public.

Clearing: The removal of trees or other vegetation, but not including grubbing activities.

Clinic: An establishment where medical or dental patients are admitted for examination and treatment, but overnight stay is prohibited.

Club or lodge, non-commercial: An incorporated or unincorporated association for civic, social, cultural, religious, fraternal, literary, political, and recreational or like activities operated for the benefit of its members and not open to the general public.

Cluster development: A development, under a single ownership, consisting of a design technique that concentrates a series of attached and/or detached dwelling units on a part of the site to allow the remaining land to be used for recreation, common open space and preservation of environmentally sensitive features.

Code: The terms "Code" and "this Code" mean the Unified Development Code of Bloomingdale, Georgia, as designated in *** Section 101.

Colleges/universities: An institution other than a trade school that provides full-time or part-time education beyond high-school.

Commercial recreation, indoor: An establishment providing completely enclosed recreation activities. Accessory uses may include the preparation and serving of food or sale of equipment related to the enclosed uses. Commercial recreation, indoor includes but is not limited to bowling, roller skating, ice-skating, billiards, motion picture theatre, pool, rock climbing wall.

Commercial trade or vocational school: A secondary or higher education facility primarily teaching usable skills that prepare students for jobs in a trade and meeting the state requirements as a vocational facility.

Commercial recreation, outdoor: Land or premises designed to be used by members of the public, for a fee, that contain outdoor amusement facilities such as miniature golf course, merry go round, car race tracks, and outdoor motion picture theatres, golf course.

Communication tower: A structure that is intended to send and/or receive radio, television or cellular communications.

Community garden: A single piece of land gardened collectively by a group of people.

Comprehensive plan: The comprehensive plan adopted by the Mayor and City Council pursuant to O.C.G.A. § 36-70-3, as said plan may be amended from time to time.

Computation of time: Except as otherwise provided by time period computations specifically applying to other laws, when a period of time measured in days, weeks, months, years or other measurements of time except hours is prescribed for the exercise of any privilege or the discharge of any duty, the first day shall not be counted, but the last day shall be counted; and, if the last day falls on Saturday or Sunday, the party having such privilege or duty shall have through the following Monday to exercise the privilege or to discharge the duty. When the last day prescribed for such action falls on a public and legal holiday as set forth in O.C.G.A. § 1-4-1, the party having the privilege or duty shall have through the next business day to exercise the privilege or to discharge the duty. When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.

Conditional use. A use (sometime[s] called a "special exception") that would not be appropriate generally or without restriction throughout a zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, would not be injurious to the public health, safety, welfare, morals, order, comfort, convenience, appearance, or general welfare. Such uses may be permitted only in zoning districts listed in Table 52- 703, upon conditional use permits being granted by the city council.

Condominium: An individually owned dwelling unit in an attached, detached or multi-family structure, combined, with joint ownership of common areas of the buildings and grounds as defined by the laws of the State of Georgia.

Conduit: A general term for any channel intended for the conveyance of water, whether open or closed; any container for flowing water.

Construction costs: The total value of the construction of, or reconstruction work on structures, as determined by the Zoning Administrator, or their designee, in issuing a building, or other type, permit for construction or reconstruction.

Construction plans: A set of engineering drawings of the proposed streets, drainage and utilities, which meets the minimum standards of these regulations.

Construction vehicle: Any vehicle (other than passenger vehicle, pick-up or panel truck) having a primary purpose of land clearing or grading, hauling and use in building construction, including but not limited to earth moving equipment such as bulldozers, loaders, backhoes, bobcats, trenching machines and dump trucks.

Construction, continual: Construction performed by a full complement of workers and equipment mobilized at the project site, actively engaged in incorporating materials and equipment into the building or structure each normal working day.

Consumer fireworks: The term "consumer fireworks" means any small fireworks devices containing restricted amounts of pyrotechnic composition, designed primarily to produce visible or audible effects by combustion, that comply with the construction, chemical composition, and labeling regulations of the U.S. Consumer Product Safety Board as provided for in Parts 1500 and 1507 of Title 16 of the Code of Federal Regulations, the U.S. Department of Transportation as provided for in Part 172 of Title 49 of the Code of Federal Regulations, and the American Pyrotechnics Association as provided for in the 2001 American Pyrotechnics Association Standard 87-1, and additionally shall mean "Roman Candles".

Consumer fireworks retail sales facility or store: The term "consumer fireworks retail sales facility or store" shall have the same meaning as provided for by NFPA 1124; provided, however, that such term shall not include a tent, canopy, or membrane structure; provided, further, that such term shall only include such buildings with at least 1,000 square feet of retail display space.  Only the holder of a consumer fireworks distributor's license, issued pursuant to O.C.G.A. § 25-10-5.1 may lawfully own or operate a consumer fireworks retail sales facility or store to sell consumer fireworks.

Consumer fireworks retail sales stand: The term "consumer fireworks retail sales stand" shall have the same meaning as provided for by NFPA 1124; provided, however, no temporary sales shall be made from any motor vehicle, from a trailer towed by a motor vehicle, or from a tent, canopy, or membrane structure unless city council shall approve the same after consideration of all zoning requirements and safety issues. All stands shall be located within 1,000 feet of a fire hydrant, or a fire department connection of a building affiliated with such stand, unless the fire chief or fire marshal approves a location in excess of 1,000 feet of a fire hydrant or building connection. A distributor may operate no more than two stands per every permanent store or location within the jurisdiction.

Contractor: A person, firm or corporation who the owner of a property has employed, or contracted to perform, construction activity associated with a development. For purpose of this regulation the term contractor shall include all subcontractors who are under separate contract or agreement with the contractor for performance of a part of the work at the site.

Convenience store with gas: A use offering a limited variety of groceries, household goods, freshly prepared food, beer, wine and personal care items, in association with the dispensing of motor fuels as an accessory use, but in all cases excluding vehicle service, maintenance and repair.

Convenience store without gas: A use offering limited variety of groceries, household goods, freshly prepared food, beer, wine and personal care items.

Cornice: Any horizontal member, structural or nonstructural, projecting outward from the exterior walls at the roofline, including eaves and other roof overhang.

2.6: Cornice

Corporate limits: The term "corporate limits" means the corporate limits of the City of Bloomingdale.

County: The terms "county," "the county" and "this county" mean the County of Chatham, Georgia.

Court: The term "court" means the municipal court provided by law for the punishment of offenders against the laws or ordinances of the city, whether it shall be the court now constituted or a court hereafter established pursuant to law.

Crematorium: A location containing properly installed, certified apparatus intended for the use in the act of cremation.

Cul-de-sac: A street having one end open to traffic and being permanently terminated within the development by a vehicular turnaround. For the purpose of designation, a cul-de-sac street shall be interpreted to begin at the intersection of two or more streets nearest to the vehicular turnaround.

Cultural facility: A library, museum, or similar public or quasi-public use displaying, preserving and exhibiting objects of community and cultural interest in one or more of the arts or sciences.

Culvert: A closed conduit of waterway carrying water through a highway or railroad embankment. Although there are borderline cases a culvert is distinguished from a bridge by certain characteristics, such as (a) a culvert generally has the same material all around its perimeter, and has a regular, symmetrical shape, where a bridge opening has not — in other words, a culvert is a large pipe; (b) a culvert usually has a large ratio of length to width.

Curb cut: The point at which vehicular access is provided to a lot from an adjoining street.

D

Day care facility: A use in which shelter, care and supervision for seven or more persons on a regular basis away from their primary residence for less than 24 hours per day. A day care facility may provide basic educational instruction. The term includes, but is not limited to, nursery school, kindergarten, early learning center, playschool, pre-school, adult day care and group day care home. A day care facility must meet State of Georgia regulations.

DCA: The Georgia Department of Community Affairs.

Dead-end street: Streets that do not have permanent vehicular turnarounds at its termini.

Debris: Any material, including wood, floating trash, suspended sediment or bed load moved by a flowing stream; detritus. This term also includes those materials that may be disposed of in a debris landfill.

Dilapidated vehicle:  See Junked or inoperable vehicle

Delegation of authority: Whenever a provision requires the head of a department or an official of the city to do some act or perform some function, it shall be construed to authorize the head of such department or the official to designate, delegate and authorize subordinates to do the required act or perform the required function, unless the terms of the provisions designate otherwise.

Demolition: The razing of any structure above the existing grade or demolition of any structure below the existing grade.

Density: The number of dwelling units per acre of land used for residential purposes. Density figures are to be in terms of net acres, total developable acres or the land devoted to residential use exclusive of streets, sidewalks, stormwater management areas, floodplain, wetlands, required open or common space, greenspace and other public lands.

Design professional: An individual who meets state licensure requirements applicable to the profession or practice he is engaged in.

Developer: Any person, individual, firm, partnership, association, corporation, estate, trust or any other group or combination acting as a unit who directs the undertaking or proposes to undertake development as herein defined, whether the development involves the subdivision of the land for sale to individual users, the construction of buildings or other improvements on a single land ownership, or both.

Development: The construction, reconstruction, conversion, structural alteration, relocation or land disturbance of land that may involve the following activities:

a.  The subdivision, consolidation or boundary adjustment of a lot or lots;

b.  The construction, reconstruction, conversion, structural alteration, relocation, enlargement or demolition of a structure;

c.  The mining, excavation, landfill, drilling, grading, deposition of refuse, solid or liquid waste, or fill on a zoning lot;

d.  The alteration of the shore or bank of a pond, lake, river or other waterway; or

e.  Any use or change in the use or intensity of use of any structure or any change in the intensity of use of land.

Dike: An embankment to confine or control water, especially one built along the banks of a river to prevent overflow of lowlands; a levee.

Director of public works: The Director of the Public Works Department and Division of the City of Bloomingdale or their designee.

Discharge: (a) The quantity of water, silt, or other mobile substances passing along a conduit per unit of time; rate of flow; cubic feet per second; liters per second, millions of gallons per date, etc.; (b) The act involved in water or other liquid passing through an opening or along a conduit or channel; (c) The water or other liquid which emerges from an opening or passes along a conduit of channel.

Ditch: An artificial channel, usually distinguished from a canal by its smaller size.

Dog day care: Any premises containing four or more dogs which are five months old or older which provide such services as canine day care for all or part of the day, training, grooming, behavioral counseling and accessory retail sales.

Dog grooming: Any place or establishment, public or private, where animals are bathed, clipped or combed for the purpose of enhancing aesthetic value or health for a fee.

Drainage area: The area of a stream at a specified location, measured in a horizontal plane, which is enclosed by a topographic divide such that direct surface runoff from precipitation normally would drain by gravity into the river basin above the specified point.

Dwelling: A building used for residential occupancy.

Dwelling, duplex (two family): A building containing two single-family dwelling units totally separated from each other by a common wall extending from ground to roof.

Dwelling, multi-family: A building containing three or more dwelling units, with each dwelling unit having a common wall or common floor connecting it to at least one other dwelling unit in the building or a single family type building not connected to any other unit which is not located on a single zoning lot surrounded by open space or yard.

Dwelling, patio: A one-family dwelling in which all or a portion of the area required for side and rear yards is consolidated into one or more garden court spaces attached to the dwelling unit.

Dwelling, single-family attached: A building containing two or more single-family attached dwelling units joined at one or more party walls or other common facilities (not including the walls of an enclosed courtyard or similar area) and with property lines separating each dwelling unit, thus permitting zero lot lines.

Dwelling, single-family detached: A building designed or constructed as a unit for residential occupancy for one family that is not attached to another dwelling by any means, is located on a single zoning lot surrounded by open space or yard.

Dwelling, townhouse: One of a group of three or more single-family attached dwelling units under fee simple or condominium or cooperative ownership, as defined by the laws of the State of Georgia, in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. For the purposes of this ordinance the term "townhouse dwelling" shall not include a single-story attached dwelling unit.

E

Easement: The right, grant or privilege of using another's property for purposes such as constructing and maintaining sanitary sewers, water mains, electric lines, telephone lines, storm sewers, gas lines, bicycle paths, roads, streets, golf cart paths, or other purposes requiring encroachment onto another's property.

Easement: Recorded authorization for a specified purpose by a property owner for the use of any designated part of the real property by another entity.

Eating establishment, fast food: Eating establishments where customers order and are served their food at a counter or in a motor vehicle in packed prepared to leave the premises. Consumption may be on or off-premise.

Eating establishment: A structure in which the use is preparation and sale of food and beverage. This does not include eating establishment, fast food. This use includes, but is not limited to, restaurants, cafes, coffee shops and bakeries.

Ecodevelopment: A proactive development approach, whereby actions such as incorporating natural topography, landscaping with native plant species, creating natural stormwater management systems and decreasing impervious cover are implemented in order to improve water quality, reduce infrastructure needs and to minimize the negative secondary effects on ecology caused by land development.

Elevation, front: The view of a building or group of buildings as seen from directly in front of the structure.

Equipment, heavy: Includes but is not limited to bulldozers, excavators, loaders, backhoes, bobcats, framing equipment or other similar machinery.

Erosion control regulations: The City of Bloomingdale, Georgia Erosion and Sedimentation Control Ordinance.

Extended stay hotel/motel: Any building containing six or more guest rooms intended or designated to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes for guests and contain kitchen facilities for food preparation including but not limited to a refrigerator, stove or oven. Extended stay facilities may include lobbies, conference rooms, meeting rooms and child play areas.

F

Family day care: A home occupation in which shelter, care and supervision are provided for six or fewer children under the age of 18 on a regular basis for less than 24 hours per day. A family day care may provide basic educational instruction.

Family: Two or more individuals, related by blood, marriage or legal relationship, living together in a dwelling unit intended for single-family occupancy; two or more non-related individuals without disabilities as recognized by the Americans with Disabilities Act 42, U.S.C. section 12101, et seq., living together as a single housekeeping unit in a dwelling unit intended for single-family occupancy; or a combination of two or more related and non-related persons living together as a single housekeeping unit in a dwelling intended for single-family occupancy.

Farm goods: Goods produced on site including but not limited to crops, plants, trees, maintaining livestock, poultry or bees.

Farm operations: Commercial agricultural uses including crop production, dairy, stock, poultry, commercial greenhouse, livestock raising and other related uses with the necessary uses for treating or storing the products created on site, however this use should be secondary. This also includes related structures related to farming operations.

Farmer's market: The offering for sale of fresh agricultural products directly to the consumer at an open air market occurring at a pre-determined area where the vendors are generally individuals who raised the vegetables or produce. This does not include second hand goods or meats.

Farmstand: A building or structure used for retail sales of fresh fruit, vegetable, flowers, herbs or plants not to exceed 500 gross square feet. May also include the sale of other unprocessed foodstuffs such as jams, jellies, pickles, baked goods or handy-crafts. No commercially processed or packed items shall be sold at a farmstand.

Feather banner: A banner made from lightweight material and attached to a pole and is designed to wave in the wind.

Feed store: An establishment engaged in retail sale of supplies and agricultural products including the bulk storage of fertilizers and related agrichemicals.

Final plan or plan: A detailed engineering drawing(s) showing the proposed improvements required in the development of a given parcel and demonstrating compliance with the requirements of these regulations and other law, prepared by a qualified design professional that is licensed to prepare such in accordance with state law.

Financial institution: A bank, savings and loan, credit union, mortgage office or automated teller machine (ATM). Financial institutions shall not include stand alone currency exchange, check cashing establishment or pawn shop.

Finish floor elevation (FFE): The elevation at which the building foundation meets the prevailing ground surface

Flood boundary, 100-year: Those areas of the City of Bloomingdale having a one percent chance or greater of being partially or completely inundated by flood waters, either from a defined river, creek or stream or from the unusual and rapid accumulation of runoff or surface water from any sources. For purposes of this ordinance, the 100-year flood plan shall be as shown on flood hazard boundary maps, published by the Federal Emergency Management Agency or as determined from formal flood hazard studies prepared by the City of Bloomingdale.   

Flood hazard area: Any normally dry area that is susceptible to being inundated by water. The flood hazard areas include, but are not limited to, land subject to the 100-year flood.

Flood peak: The maximum discharge of a particular flood at a given point along a stream.

Floodplain: Any plain which borders a stream channel and is covered by its water in time of flood; stream bed areas subject to recurrent overflow, or inundation.

Floodway: The channel of a river, stream or other watercourse and the adjacent land area that must be reserved to discharge the 100-year flood without cumulatively increasing the water surface elevation more than one foot at any point.

Floor area: The heated space of a dwelling, which is exclusive of attic, unfinished basement, garage, carport, patio and open porches measured from the exterior face of the exterior walls or a dwelling. Also, the gross leasable floor area for any business or industry based on interior dimensions.

Fps: Feet per second.

Frontage: Distance of lot as measured along the right-of-way.

Funeral home: A building or part of a building used for human funeral services. Such facility may contain space and facilities for embalming and the performance of other services used in the preparation of the dead for burial, the performance of autopsies and other surgical procedures, the storage of caskets and other related funeral supplies, the storage of funeral vehicles, however, this does not include cremation services.   

G

Gender: The masculine gender shall include the feminine and neuter.

General automotive repair: A wide range of mechanical and electrical repair and maintenance services for automotive vehicles, such as passenger cars, trucks, and vans, and all trailers; or, engine repair and replacement. See NAICS Code 811111 for further explanation.

Georgia DOT or GDOT: The (State of) Georgia Department of Transportation.

Gph: Gallons per hour.

Gpm: Gallons per minute.

Grading: The movement, removal or addition of earth on a site by the use of mechanical equipment.

Greenhouse: Retail business whose primary activity is the selling of plants grown on the site and having enclosed and open space for growing or display.

Group home for disabled persons: A residential use or facility, located in a single-family dwelling, where non-related persons with a disability recognized by The Americans with Disabilities Act, 42 U.S.C. section 12101, et seq., may live together in a residential setting, free from discrimination in local governmental rules, policies, practices or services, except as would constitute a direct threat to the health and safety of the occupants or other individuals.

Grubbing: The removal of vegetation by methods such as digging, raking, dragging or otherwise disturbing the roots of vegetation.

Guest house: A detached accessory dwelling unit located on the same lot with a single-family dwelling. The square foot area of a guess house may not exceed 1,000 square feet in floor area and may only be used by non-paying guests or relatives of the owners or occupants of the principal building. The guest house shall not be rented or otherwise occupied as a separate dwelling.

H

Halfway house: A halfway house provides a structured living environment for persons learning to adjust to society after being imprisoned.

Headwater: (A) The water upstream from a structure; (B) the source of a stream.

Health department: The Chatham County Health Department.

Heated floor area: The finished area within a building or structure that is heated by the main central heating system installed to serve said building or structure. For example, the floor area of an unfinished basement or garage is not included in determining the amount of heated floor area of a residential dwelling.

Home occupation: An occupation or activity for gain or support conducted by a member of the family residing on the premises with which there is:

a.  No group instruction, assembly or activity, and no signage is used to indicate from the exterior that the building is being utilized in any part for any purpose other than that of a dwelling;

b.  There is no commodity sold upon the premises;

c.  No person is employed other than a member of the immediate family residing on the premises;

d.  No mechanical equipment is used except that which is normally used for purely domestic purposes.

e.     No outside storage related to the business activity.

f.     No more than one vehicle related to the business activity.

Homeless shelter: Charitable, non-profit, short-term housing and/or room and board accommodations for the homeless for which there is no charge, monetary or other to the person being provided such temporary housing.

Hospice: A home-like facility for the care of terminally ill patients in which food, shelter and nursing care is provided.

Hospital: Any institution receiving in-patients or a public institution receiving out-patients and authorized under Georgia Law to render medical, surgical and/or obstetrical care. Cremation services can be provided as an accessory use.

Hotel: A facility offering transient lodging accommodations to the general public and providing additional services such as restaurants, meeting rooms, entertainment and recreational facilities.

HUD: The U.S. Department of Housing and Urban Development.

Hydrology: The science of dealing with the waters of the earth in their various forms, precipitation, evaporation, runoff and storage.

I

Impervious surface: Any material or surface that prevents absorption or infiltration of stormwater into the ground. Includes, but is not limited to, buildings, accessory structures, driveways of asphalt or concrete surface, parking lots and sidewalks.

Imperviousness: The quality or condition of a material that minimizes percolation.

Industrialized building: A factory-fabricated dwelling or commercial unit built in one or more sections designed to fit together on a permanent foundation but which usually does not originally have wheels for movement and which is constructed in accordance with the Georgia Industrialized Building Act which bears the seal of approval issued by DCA.

Infill Development:  The development of vacant parcels within previously-built areas.  These properties may be served by public infrastructure, such as transportation, water, sewer, and other utilities.

Institutional use: A building, facility or land owned by a government, non-profit corporation, association or entity, intended for public or semi-public use, such as courthouses, schools, churches, parks and recreation areas.

Interpretation: In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the Code imposes greater restrictions upon the subject matter than the general provision imposed by the Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

Interstate: A divided major highway with full control of access and with no crossings at grade. These roads are designated interstate by the Georgia Department of Transportation.

Invert: The floor, bottom or lowest part of the internal cross-section of conduit.

J

Jack arch: Architectural term for a flat arch.

2.7: Jack Arch

Joint authority: A joint authority given to any number of persons or officers may be executed by a majority of them, unless it is otherwise declared.

Junk yard: Any use on private property involving the parking, storage or disassembly of junked vehicles or wrecked or non-operable automobiles, trucks or other vehicles; storage, bailing or otherwise dealing in junk, animal hides, scrap iron or other metals, used paper, used cloth, used plumbing fixtures, old stoves, old refrigerators and other old household appliances, used brick, wood or other building materials. These uses shall be considered junk yards whether or not all or parts of these operations are conducted inside a building or in conjunction with, in addition to or accessory to, other use of the premises.

Junked or inoperable motor vehicle: Any motor vehicle that is wrecked, wholly or partially dismantled, majorly disassembled, or missing a key component, such as a motor, transmission or body parts, so as to be incapable of normal operation in the manner intended, including disassembled parts, pieces, or components thereof; failure to display a current license tag, tag decal, or (if required) current vehicle safety or emission sticker, shall create a presumption the motor vehicle is junked or inoperable.

K

Keeper and proprietor: The terms "keeper" and "proprietor" mean and include persons, firms, associations, corporations, clubs and co-partnerships, whether acting by themselves or as a servant, agent or employee.

Kennel: A commercial facility where boarding, caring for and keeping of dogs or cats or other animals or combination thereof is carried on for the purpose of providing an income or revenue.

L

Land area per dwelling unit: The amount of land in square feet required for each dwelling unit permitted on a zoning lot.

Land disturbance: Any land or vegetation change, including, but not limited to, clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting, and filling of land, that do not involve construction, paving or any other installation of impervious cover.

Laundromat: A facility where patrons wash, dry, or dry clean clothing or other fabrics in machines operated by the patron.

Laydown Yard:  A space of ground or pavement located near or at the construction site that is for the receipt and storage of project equipment and materials to be installed or constructed.

Licensed land surveyor: A person who, by reason of his knowledge of the several sciences and of the principles of land surveying acquired by practical experience and formal education, is qualified to engage in the practice of land surveying, as attested by the issuance to said person of a license as a land surveyor by the State of Georgia.

Licensed landscape architect: A person who, by reason of his special knowledge of natural, physical and mathematical sciences and the principles and methodology of landscape architectural design acquired by practical experience and formal education or both, is qualified to engage in the practice of landscape architecture, as attested by the issuance to said person of a license as a landscape architect by the State of Georgia.

Light industrial use: Any use which involves manufacturing, processing, assembly or storage operations where all operations are conducted entirely within a building and no noise, vibration, smoke, gas, fume, odor, dust, fire hazard, radiation or other injurious or obnoxious condition related to the operation affects the surrounding properties or creates a nuisance beyond the premises.  

Lintel: A horizontal architectural member spanning and usually carrying the load above an opening.

2.8: Lintel

Liner building: A liner building is a specialized building, parallel to the street, which is designed to conceal an area such as a parking lot or loading dock.

Loading space or area: Space logically and conveniently located for pickup and delivery service, scaled to the vehicles expected to be used and accessible to such vehicles at all times. Also defined as an area to provide safe loading and unloading of passengers such as a day care facility or church.

Loading, off-street: An unobstructed area provided and maintained for the temporary parking of trucks and other motor vehicles for the purpose of loading and unloading goods, wares, materials and merchandise.

Local Street: Streets that represent the lowest category of the functional classification system. Local streets are used primarily for direct access to residential, commercial, and industrial or other abutting property. They do not include streets carrying through traffic.

Loft apartment: An apartment(s) customarily located on the second story of a retail business or professional office located in the commercial business district or in some instances the planned commercial development zoning districts.

Lot: A recorded area of land under one ownership of at least sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such yards and other open spaces as are required by the zoning ordinance, as well as certain nonconforming lots of record exempted by the zoning ordinance. Such lots shall have frontage on a public street, right-of-way, or easement of at least 60 feet in width, unless city council approves a lesser width, or on an approved private street as set out in the zoning ordinance and may consist of:

a.  A single lot of record;

b.  A portion of a lot of record;

c.  A combination of complete lots of record or complete lots of record and portions of lots of record or of portions of lots of record;

d.  A parcel of land described by metes and bounds.

e.  In the case of divisions, boundary adjustment, or consolidation shall no residential area of land be created which does not meet the requirements of the zoning ordinance. The grant of an interest, for security or other purpose, in real property for less than an entire lot, or the foreclosure or sale of such interest, shall not be deemed to create a legal lot unless property approved, by variance, granted by the Mayor and City Council, in accordance with these regulations and the zoning ordinance.

Lot, corner: A lot having frontage at the intersection of two or more public streets.

2.9: Corner Lot

Lot, corner (double-frontage): A lot located at the junction of two or more intersection streets, having an interior angle of less than 135 degrees, with a boundary line thereof bordering on two of the streets.

2.10: Double Frontage

Lot, flag: A lot whose access is provided to the bulk of the lot by means of a narrow corridor or panhandle and does not meet the normally required minimum lot width.

2.11: Flag Lot

Lot, interior: A lot, other than a corner lot, with frontage on only one lot.

Lot, nonconforming: A lot that has less than the minimum area or minimum dimensions required in the zone in which the lot is located.

Lot, through: A lot that fronts upon two parallel streets or that fronts upon two streets that do not intersect at the boundaries of the lot.

Lot coverage: That portion of the lot that is covered by principal structures, accessory buildings and impervious surface, including, but not limited to, driveways of asphalt or concrete, parking areas, walkways and sidewalks.

Lot depth: The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.

Lot line: A boundary of record that divides one lot from another or from a public or private street or any other space.

Lot line: A line defining the ownership boundary of a lot.

Lot of record: A lot that exists as shown or described on a plat or deed in the records of the Office of the Clerk of the Superior Court of Chatham County.

Lot width: The distance between side lot lines measured at the front building line.

Lot width: Distance between the side lot lines measured as a tangent to the front building line as described by the zoning ordinance.

M

Major collector street: The part of the road classification system that serves as the principal network for through traffic flow. Major collectors have a primary function of providing neighborhood linkages and aggregating traffic, then carrying it to the arterial street system. They may also penetrate a neighborhood, distributing trips to ultimate destinations and in a few instances providing direct access to individual abutting property.

Manufactured home: A structure transportable in one or more sections and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning and electrical systems, contained therein. Such dwelling is regulated by the manufactured home construction and safety standards established under the National Manufactured Home Construction and Safety Standards Act adopted in 1976, bearing an insignia issued by U.S. Department of Housing and Urban Development (HUD).

Manufacturing: The mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the manufacturing of products, the blending of materials, such as lubricating oils, plastics, resins, or liquors. This includes processing, assembly and storage operations.

Master plan: A comprehensive plan, which may consist of several maps, data and other descriptive matter for the physical development of the city or any portion thereof. This includes any amendments, extensions or additions thereof recommended by the City Administrator and adopted by the Mayor and City Council indicating the general location for major roads, parks or other public open spaces, public building sites, routes for public, utilities, zoning districts or other similar information.

Mean sea level: The average height of the sea for all states of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of these regulations, the term is synonymous with National Geodetic Vertical Datum (NGVD).

Minor collector street: The part of the road classification system designed primarily to serve the collection function for a group of local streets. Additionally, it provides direct access to individual abutting property. Minor collectors are not meant to handle long through trips.

Mixed use: A building or development containing more than one permitted use. Multiple uses are allowed to be stacked vertically and contained in the same building.

Month, year: The terms "month" and "year" mean calendar month and calendar year unless otherwise provided.

Motel: An establishment providing temporary or overnight sleeping accommodations for the traveling public with a majority of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.

Motor vehicle parts (used) merchant wholesalers: A wide range of mechanical and electrical repair and maintenance services for automotive vehicles, such as passenger cars, trucks, and vans, and all trailers; or, engine repair and replacement. See NAICS Code 811111 for further explanation.

Motor vehicle towing: A wide range of mechanical and electrical repair and maintenance services for automotive vehicles, such as passenger cars, trucks, and vans, and all trailers; or, engine repair and replacement. See NAICS Code 811111 for further explanation.

Municipal court: The term "municipal court" means the Municipal Court of the City of Bloomingdale.

N

NAICS:  North American Industry Classification System; the standard used by the federal statistical agencies in classifying business establishments for the purpose of collecting, analyzing, and publishing statistical data related to the U.S. business economy.

Names of officers, departments: The name or title of any officer or department shall be read as though the words "of the City of Bloomingdale" were added.

National Manufactured Home Construction and Safety Standards: The national building code for all manufactured homes built since June 15, 1976, written and administered by the U.S. Department of Housing and Urban Development (also known as the "HUD" Code").

Neighborhood retail, service or office uses: Intended to serve or accommodate the needs of a specific segment of the community or area. Establishments primarily engaged in the provision of frequently or recurrently needed goods for household consumption, such as prepackaged food and beverage and limited household supplies and hardware. These establishments shall not exceed 5,000 square feet. These services are primarily for the residents of the CBD district provided that they are conducted entirely within a wholly and permanently enclosed building or buildings which shall be of architectural design compatible to the dwellings within the CBD development.

Newspaper publishing facility: A commercial printing operation involving a process that is considered printing, imprinting, reproducing or duplicating images and using printing methods including but not limited to offset printing, lithography, web offset, flexographic, and screen process printing.

Non-conforming building or structure: An existing building or structure erected or constructed prior to adoption of this ordinance, or the adoption of any amendment hereto, on a lot now zoned so that such building or structure could not be built or constructed.

Non-conforming use: A use of land existing at the time of the adoption of this ordinance, or the adoption of any amendment hereto that was lawful at the time the use of land was initiated, but which has been rendered unlawful by the adoption or amendment of this ordinance.

Nontechnical and technical words: The ordinary significance shall be applied to all words, except words of art, or words connected with a particular trade or subject matter, in which case they shall have the significance attached to them by experts in such trade, or with reference to the subject matter.

Number: The singular or plural number shall each include the other, unless expressly excluded.

Nursery: See Greenhouse.

Nursing home facility: Housing for elderly, chronically or terminally ill persons in which food, shelter and nursing care if provided for compensation.

Nursing Home: A home licensed by the state for the aged or chronically or incurably ill persons in which five or more such persons not of the immediate family are provided with food, shelter and care for compensation or a non-profit, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

O

O.C.G.A: The abbreviation "O.C.G.A." means the Official Code of Georgia Annotated, as amended.

Oath: The term "oath" includes the term "affirmation."

Office, professional: Includes, but is not limited to, offices for accounting, architectural, auditing, bookkeeping, engineering, finance, insurance, law, medical and real estate professions.

Office, temporary: A manufactured or modular building, which is used as a sales office, on-site construction management office or related functions for no more than six (6) months.

Official zoning map: The map officially adopted contemporaneously with and as an integral part of this zoning ordinance that conclusively shows the location and boundaries of all zoned districts existing at the time of adoption of this ordinance and the adoption of future amendments thereto which reclassifies land by districts.

Open space: Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space or for the preservation and protection of environmentally sensitive land areas or natural land features.

2.12: Open Space

Or, and: The term "or" may be read "and," and the term "and" may be read "or" if the sense requires it.

Ordinance: This ordinance and all future amendments thereto, together with the official zoning map adopted contemporaneous with this ordinance.

Outdoor display: The displaying of goods or merchandise outdoors on the property with the intent to advertise for sale.

Outdoor storage: The keeping, in an unenclosed area, of any goods, salvage, material, merchandise, storage trailers or vehicles outdoors on the property for more than 24 hours. The term "outdoor storage" shall not include the keeping of vehicles or manufactured housing structures on sales lots in districts which allow such sales lots.

Outparcel: A portion of a larger parcel of land generally designed as a site for a separate structure and business from the larger tract. An outparcel may or may not be a subdivision of a larger parcel. To be recognized as an outparcel, the portion must be identified on a site plan approved for the larger parcel.

Owner: The term "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership or joint tenant of the whole or of a part of such building or land.

P

Parking lot: An off-street surfaced ground level area for the temporary storage of operable passenger and commercial vehicles whether for compensation or free.

Parking spaces: An area for off-street automobile parking.

Parking structure (deck): Parking spaces and adjacent access drives, aisles, and ramps that are located in a structure with two or more levels.

Pawnshop: Any business that loans money on deposit of personal property or deals in the purchase or possession of personal property on condition of selling the same back again to the pledger or depositor, or loans or advances money on personal property by taking chattel mortgage security thereon, and takes or receives such personal property.

Pediment: A pediment is a low-pitched triangular gable on the front of some buildings in the Grecian or Greek Revival style of architecture.

2.13: Pediment

Permitted use: Any use allowed as a matter of right in a zoning district and subject to the restrictions applicable to that zoning district classifications.

Person: As used in this ordinance, the term "person" shall mean an individual, group of individuals, and all forms of legal entities recognized by Georgia Law as having the ability to own property, transact business or sue and be sued.

Personal care home: A residential use or facility, located in a single-family dwelling, whether operated for profit or not, which undertakes through its ownership or management, for compensation, to provide personal services, protective care and oversight of ambulatory, non-related persons who need a monitored environment but who do not have injuries or disabilities which require chronic or convalescent are, including medical, nursing, or intermediate care. Personal services include, but are not limited to, individual assistance with or supervision in areas of nutrition, medication and provision of transient medical care. Personal care homes may include those facilities which monitor resident's daily functioning and location and have the capability for crisis intervention. Such term does not include:

a.  Elderly residences which are devoted to independent living units with kitchen facilities in which residents have the option of preparing and serving some or all of their own meals;

b.  Boarding facilities which do not provide personal care; or

c.  Group homes for disabled persons, as defined by the Fair Housing Act Amendments of 1988, 42 U.S.C. section 3601, et seq.

Personal service establishment: Enterprises serving individual necessities of a non-medical nature including, but not limited to, beauty and barber shops, tanning, dry cleaning pick-up (retail), shoe repair, spa, locksmith and other similar establishments. These may also include retail sales of products related to the services provided.

Places of public assembly: A structure, portion of a structure or area (either indoor or outdoor), including, but not limited to, movie theaters; concert halls; stadiums; amusement parks; carnivals; churches; elementary, middle, high, secondary and post graduate schools; day care centers; private commercial schools, such as martial arts or dance studios; clubs, lodges and arenas, designed primarily for people to gather to observe or participate in a single event or series of single events, including but not limited to the presentation of a motion picture, a concert, an educational presentation, a sermon, an inspirational presentation, a rally, a lecture, a drama, dance, musical or other live performance, or a sporting event.

Places of worship: Places where religious institutions provide assembly with a seating capacity and a sanctuary or main activity area.

Planned unit development: A tract of land developed under a single ownership or control based on a plan which allows for flexibility of design not available under normal zoning district requirements.

Planned shopping development: Two or more commercial establishments with a total gross floor area of at least 40,000 square feet planned and managed as a single unit with off-street parking and loading facilities provided on the property.

Planning and Zoning Board (PZC): The City of Bloomingdale, Georgia Planning and Zoning Board appointed by the Mayor and City Council.

Plat: A map, plan or layout of a county, city, town section, subdivision or development certified by a registered surveyor indicating the location and boundaries of a property or properties. See also site plan.

Preceding, following: The terms "preceding" and "following" mean generally next before and next after unless the context requires a different significance.

Private or public club, lodge, social center or meeting room: Building or facility for the purpose of social, educational, or recreational purpose.

Professional or design professional: An individual who meets state licensure requirements applicable to the profession or practice he is engaged in.

Project: A principal building or structure or group of buildings or structures planned and designed as an interdependent unit together with all accessory uses or structures, utilities, drainage, access and circulation facilities, whether built in whole or phases. Examples include: a principal building on a lot, a residential subdivision, a multi-family development, a shopping center or an office park.

Property owner: Any person who owns fee title to a given area of land, excluding, however, any recorded easement or right-of-way.

Property: The term "property" includes real and personal property.

Psi: Pounds per square inch.

Public place: The term "public place" means any place that the public is invited or permitted to go or congregate.

R

Radio and/or television and/or transmission tower: Any exterior apparatus designed for telephone, radio, or television communications or data transmission through the sending and/or receiving of electromagnetic waves.

Recreational vehicle: Any type of portable structure without a permanent foundation, which can be towed, hauled or is self-propelled, and designed for temporary living accommodations for recreational, camping and travel use, including, but not limited to, travel trailers, truck campers (on or off the truck), camping trailers, buses and motor homes.

Recycling center, collection: Any facility utilized for the purpose of collecting materials to be recycled including, but not limited, plastics, glass, paper and aluminum materials. Such use may be principal or accessory to a non-residential use on non-residentially zoned property.

Religious activity: A use of land involving the exercise of religious believers [beliefs], practices or worship. It is not the intent of this ordinance to regulate religious activity or to impede any person's exercise of religious beliefs.

Repair garage-heavy equipment: A use which may provide a full range of repairs and services including, but not limited to, major overhauls, engine repair, rebuilding and replacement on heavy duty trucks and equipment and may include paint and body shops. The outside storage of unlicensed and unregistered vehicles is prohibited as part of this use.

Research or experimental laboratory: An establishment which conducts research, development or controlled production of high technology electronic, industrial or scientific products or commodities for sale or a laboratory conducting educational/medical research or testing. This term includes but is not limited to a biotechnology firm or manufacturer of non-toxic computer components.

Residential industrialized building: Any structure or component thereof which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation on a building site and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to, or destruction thereof; which bears an insignia of approval issued by the Georgia Department of Community Affairs; and which is used or intended to be used as a dwelling units.

Residential: Pertaining to the use of land, means premises such as single-family detached and attached homes, patio homes, townhouses, manufactured or modular homes, duplexes, condominiums or apartment complexes, which contain habitable rooms for non-transient occupancy and which are designed primarily for living, sleeping, cooking and eating therein.

Responsible party: In the context of enforcement procedures, a person who is alleged to have committed, causes, continued or created a violation of the terms, requirements, regulations, or provisions of these regulations whether as a direct act, through lack of action or neglect, or at the direction of or on behalf of others. A responsible party may be the owner of a premises where a violation has occurred; an occupant whether through ownership, lease or other tenancy; a contractor, building or developer; an agent of or person otherwise acting on behalf of the aforementioned parties; or other person acting in violation of these regulations.

Retail business: A business consisting primarily of buying merchandise or articles in gross and selling to general consumers in small quantities not in bulk and not for resale. These businesses include but are not limited to clothing shops, florists, home goods, drugstore.

Retail business, heavy equipment: The sale or rental of heavy equipment. Heavy equipment includes but is not limited to backhoe, crane, wheel loader, bulldozer, forklift and other similar equipment.

Retail, large-scale: All retail sales and service uses on sites that include more than 74,999 square feet of gross floor area (in aggregate).

Retirement center: A residential apartment or fee simple housing development built exclusively for senior citizens whereby typically a dining facility, aquatic and or fitness center, library and community activities are incorporated in the development and independent living is promoted.

Return cornice: The continuation of a cornice in a different direction, as at the gable end of a house.

2.14: Return Cornice

Right-of-way: A strip of land designated, reserved, dedicated or purchased for the purpose of pedestrian or vehicular access, utility line installation or other use.

Road classification map: Comprehensive plan of arterial, collector and minor streets and roads for all or a portion of the city.

Runoff coefficient: The rate of runoff to precipitation.

S

Salvage yard: Use of property for outdoor storage, keeping, abandonment, sale or resale of salvage including scrap metal, used lumber, salvaged house wrecking and structural steel materials and equipment or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.

Schedule of fees and charges: The phrase "schedule of fees and charges" means the official consolidated list compiled and published by the city which contains rates for utility and other public enterprises, fees, deposit amounts, performance bonds, and various charges as determined from time to time by the Mayor and City Council, an official copy of which is maintained in the office of the city clerk where it is available for reference and review during normal business hours.

School: A facility where persons regularly assembly for the purpose of instruction or education including any playgrounds, stadiums or other structures and grounds used in conjunction therewith. The term "school" shall include, but is not limited to, public and private schools used for pre-kindergarten, primary, secondary, or post-secondary education.

Seating, minimum: Where this Code requires seating for a minimum number of persons, only chairs, stools and booths shall be provided as the required seating. The capacity of seats without dividing arms shall be determined by allotting 18 inches per occupant.

Security bars: Metal bars, including, but not limited to, wrought iron guards and sliding scissor gates, attached to or covering a window or glass door which are intended to provide additional protection against vandalism and burglaries.

Segmental arch: A shallow arch; an arch that is less than a semicircle.

2.15: Segmental Arch

Self-storage: A building or group of buildings divided into separate compartments used to meet the temporary storage needs of small businesses or for personal use and may include refrigeration facilities.

Service station: A use which provides for the sale of motor vehicle fuels and automobile accessories and which may provide minor repair and maintenance services.

Setback line: The minimum required distance from any lot line that establishes the area within which the principal structure may be erected or placed.

Shall, may: The term "shall" is always mandatory and not merely directory; the term "may" is permissive.

Sidewalk: The term "sidewalk" means any portion of a street between the curb line and the adjacent property line, intended for the use of pedestrians, excluding parkways.

Sight triangle: A triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.

2.16: Sight Triangles

Sign: Any name, identification, description, display, illustration or device that is affixed to, posted on or represented directly or indirectly upon a building, structure, land, vehicle or otherwise affixed for display in view of the general public and that directs attention to a product, place, activity, idea, person, institution or business.

Signature and subscription: The terms "signature" and "subscription" include the mark of all illiterate or infirm persons.

Site plan, final subdivision (as-builts): Engineered plans and necessary supporting documents required for a completed project to constitute the complete application. Plans shall include complete and detailed engineering and layout drawings for all public and private improvements and utilities, in addition to any ancillary calculations.

Site plan, preliminary: Engineered plans required for all residential projects resulting in the creation of three or more lots or any new commercial or industrial development involving more than one acre and/or more than 2 lots. Preliminary plans must show general design of a site development or subdivision project and its public improvements including, but not limited to, location and width of streets and structures and their general relationship to the topography of the land; all utilities to include water and sanitary sewer, drainage, electric, lot sizes and arrangement, future development (if applicable) and location and use of adjoining property.

Site plan: A final construction plan, other than a final subdivision plan, providing a graphic portrayal of a proposed development describing both existing and proposed conditions of the lot(s), including, but not limited to, use, location and bulk of buildings and structures, density of development, public facilities, means of ingress and egress, landscaping, signs, drainage and lighting.

Site work: Development activity to prepare a property for construction of buildings or finished structures, including clearing, grubbing, grading and installation of soil erosion and sedimentation control facilities.

Soil erosion and sedimentation control regulations: That section of the soil erosion and sedimentation control ordinance dealing with sediment control during construction. These regulations are enforced by the City of Bloomingdale.

Soldier course: A course of bricks laid on their ends so that only their long sides are vertical.

2.17: Soldier Course

Special use: A use which within certain zoning districts specified by this ordinance is not permitted as a matter of right but may be permitted within a district by approval of Mayor and City Council, following a public hearing at which the Mayor and Council reviews the proposed plans for the use, its location, design, relationship to adjacent properties, and other conditions peculiar to the proposal which may adversely affect adjoining property, under objective criteria; has found the proposal not to be in conflict with the intent of this ordinance; and has approved the use as specified.

State: Whenever the terms "state," "the state" and "this state" are used, they shall refer to the State of Georgia.

Storefront: Display windows of a building housing a commercial use visible from a street, sidewalk, or other pedestrian way accessible to the public, or adjacent to public or private property.

Storm drainage system: Any structure used principally to retain, detain, collect, direct, transfer, carry, convey, distribute or treat, singularly or in combination, storm water or other surface water, including, but not limited to, aprons, basins, berms, BMP facilities, catchments, conduits, culverts, dams, dikes, ditches, drains, drops, filters, grates, infiltration devices, inlets, manholes, man-made channels, outlets, pipes, ponds, rip-rap, risers, spillways, storm sewers, swales and trenches; and also including any maintenance easements needed for such structures.

Street: A right-of-way generally intended for the movement of vehicular and pedestrian traffic and which serves as point of access to abutting property. The term "street" includes streets, sidewalks, avenues, boulevards, roads, alleys, lanes and all other public highways in the city, unless otherwise provided. Street type is officially defined according to the city's road classification map.

Street, classification: As described in the City of Bloomingdale Comprehensive Plan:

a.  Arterials connect activity centers and carry large volumes of traffic at moderate speeds.

b.  Collectors provide access to activity centers from residential areas. Their purpose is to collect traffic from streets in residential and commercial areas and distribute the traffic to the arterial system.

c.  Local streets feed the collector system from low volume residential and commercial areas. The remaining roadways in the city are classified as local streets. The majority of Bloomingdale's roadway system is classified as local streets.

Structure, principal: A structure in which the principal use or purpose on a property occurs, and to which all other structures on the property are subordinate. Principal may also mean the main or primary structure.

Structure: Anything constructed, erected or placed with a fixed location on or in the ground or attached to something having a fixed location on the ground. The term "structure" shall include, but is not limited to, buildings, manufactured or modular homes or offices, signs, swimming pools or fall-out shelters. Privacy walls or fences shall not be considered structures.

Subdivision: All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose, whether immediate or future, of sale, or building development and includes all division of land involving a new street or a chance in existing streets and includes re-subdivision and, where appropriate to the context relates to the process of subdividing or to the land or area subdivided. The term includes replatting of any division of land involving a new street, or a change in existing streets.

Subdivision, boundary adjustment plan: A legal document, prepared by a qualified professional licensed to prepare such in the State of Georgia, for the purpose of the legal reconfiguring of contiguous lots in the same ownership.

Subdivision, boundary adjustment: The adjusting of common property line(s) or boundaries between adjacent lots, tracts, or parcels for the purpose of accommodating a transfer of land, rectifying a disputed property line location, or freeing such a disputed property line location, or freeing such a boundary from any difference or discrepancies. The resulting adjustment shall not create any additional lots and all reconfigured lots shall contain sufficient area and dimension to meet minimum requirements for zoning and building purposes. (See also consolidation subdivision)

Subdivision, consolidation plan: A legal document, prepared by a qualified professional licensed to prepare such in the State of Georgia, for the purpose of the legal removal of common property lines between abutting lots in the same ownership.

Subdivision, consolidation: The removal of common property lines between abutting lots in the same ownership. (See also boundary adjustment subdivision)

Subdivision, major: Any subdivision that does not meet the requirements of a minor subdivision.

Subdivision, minor: Any subdivision that does not result in the creation of more than three lots out of one or more lots and does not require the construction of new streets or public water or sewer mains.

Substantial compliance: A substantial compliance with any requirement of this Code or ordinances amendatory thereof, especially on the part of public officers, shall be deemed and held sufficient; and no proceeding shall be declared void for want of such compliance, unless expressly so provided.

SWM facility: Any storm drainage facility that is designed or otherwise intended to, or that actually does, detain or retain stormwater or other surface water. When this term is used in the text of these regulations, all portions of such a facility shall be considered as included.

SWM: Stormwater management.

T

Temporary Portable Storage Container:  Container fabricated for purpose of transporting freight or goods on a truck or railroads, including cargo containers and shipping containers.  The use of such containers for residential use is prohibited.

Temporary Portable Storage Container Area:  Also known as a “Container Yard.”  Horizontal stacking of temporary portable storage containers related to commercial and industrial uses. 

Tenant and occupant: The terms "tenant" and "occupant," applied to a building or land, shall include any person holding a written or oral lease of, or who occupied, the whole or a part of such building or land, either alone or with others.

Time of concentration: The time it takes for runoff to travel from the hydraulically most distant part of the watershed to the point of reference.

Tiny house:   Homes less than 500 square feet in size.

Title pawn: A title pawn is an act of using a vehicle title to acquire a pay day loan.

Traffic study: An analysis conducted to assess the impact of vehicular traffic generated by a new use or change in use on existing or future road network and to obtain the required information in evaluating any potential road network improvements.

Transit station: A commercial or public facility for the loading or unloading of passengers, luggage, and packages including sales of fares and which include accessory restaurants, indoor commercial businesses but not including airports. This facility operates a system of regularly scheduled buses and /or trains available to the public.

Transitional housing facility: A building or buildings in which is provided long-term but no permanent living accommodations for more than six (6) persons who have no permanent residence and are in need of long-term housing assistance.

Transom: A bar of wood or stone across the top of a door or window

2.18: Transom

Tree protection ordinance: The City of Bloomingdale, tree protection ordinance concerning the planting or removal of trees.

Truck Company:  Also known as a “Trucking Company.”  The process or business of transporting goods or items by or on trucks.  The housing or storage of trucks used to move goods or items.

Truck terminal: A primary use of property where trucks/trailers are temporarily stored, maintained or based. Trucks/trailers shall have current registration and license plates with decal.

U

Urgent care: The delivery of ambulatory care in a facility dedicated to the delivery of medical care outside of a hospital emergency department, usually on an unscheduled, walk-in basis. Urgent care centers are primarily used to treat patients who have an injury or illness that requires immediate care but is not serious enough to warrant a visit to an emergency room. Often urgent care centers are not open on a continuous basis, unlike a hospital emergency room which would be open at all times.

Use, accessory: A use located on the same lot with a principal use or building such as a garage, storage building, swimming pool, children's play area, etc.

Use, principal: The main purpose for which a zoning is intended and for which it may [be] used.

V

Variance: A relaxation of the terms of this ordinance that will not be contrary to the public interest where, owing to conditions peculiar to the property and not the result of the applicant, a literal enforcement of this ordinance would result in unnecessary and undue hardship. A variance cannot be granted to change the text of this ordinance, to reclassify property on the zoning map or to allow a use not permissible within the district involved.

Veterinary services or clinic: An establishment for the care and medical treatment of animals.

VPD: Vehicles per day.

W

Warehouse: A use engaged in storage, wholesale, and distribution of manufactured products, supplies, items, and equipment, excluding bulk storage of materials that are inflammable or explosive or that present hazards or conditions commonly recognized as offensive.

Watchman's or caretakers single family dwelling: A temporary accessory structure containing living quarters and kitchen facilities for housing persons responsible for overseeing and maintaining security for the main use on the site.

Water and wastewater system: City of Bloomingdale Water and Sanitary Sewer System.

Watershed:  Also called a catch basin; Land area that channels rainfall to creeks, streams, and rivers, and eventually to outflow points such as reservoirs and oceans.

Wholesale business: A business primarily engaged in the selling of goods or articles in gross to retailers for resale and not directly to the consumer.

Writing: The term "writing" includes printing and all numerals, and also pictures, illustrations and printed or written designs.

Y

Yard, front: The minimum permitted space between the front building line and the front property line.

Yard, rear: The minimum permitted space between the rear building line and the rear property line.

Yard, side: The minimum permitted space between the side building line and the side property line.

Yard: An open space that lies between the building and the nearest property line. The minimum required yard on a zoning lot as set forth in this chapter that is left unoccupied with structures, parking and facilities. A yard may also be known as a setback.

Year: The term "year" means a calendar year.

Z

Zoning Administrator: The person who has been designated by the Mayor and Council to administer the enforcement of this ordinance.

Zoning decision: Final legislative action by the Mayor and City Council which results with:

a.  The adoption of a zoning ordinance;

b.  The adoption of an amendment to this ordinance which changes the text of this ordinance;

c.  The adoption of an amendment to this ordinance which rezones property from one zoning classification to another;

d.  The adoption of an amendment to this ordinance which zones property to be annexed into the city; or

e.  The grant of a permit relating to a special use of property.

Zoning district: A section of the City of Bloomingdale, Georgia, as designated on the official zoning map within which zoning regulations are uniform and compatible.

Zoning map: The official map of the City of Bloomingdale, Georgia, shall be the last map with amendments approved by the Mayor and Council on file with the City Clerk’s office, indicating the location of zoning districts in the city.

Zoning ordinance: An ordinance establishing procedures and zones or districts within the respective territorial boundaries of the City of Bloomingdale, Georgia, which regulate the uses and development standards of property within such zones or districts. The term also includes the map adopted in conjunction with the textual ordinance which shows the zones or districts classifying property depicted thereon.

Zoning: The power of local governments to provide within their respective boundaries for the zoning or districting of property for various uses and the prohibition of other or different uses within such zones or districts and for the regulation of development and the improvement of real estate within such zones or districts in accordance with the uses of property for which such zones or districts were established.

 

52-203. - Reasonable Accommodation Policy.

a.  It is the policy of the City of Bloomingdale, Georgia, pursuant to the federal Fair Housing Act Amendments of 1988, 42 U.S.C. § 3601 et seq. (hereafter "FHAA") and Title II of the Americans With Disabilities Act (hereafter "ADA", or collectively the "fair housing laws") to provide individuals with disabilities reasonable accommodation in its rules, regulations, standards, policies, practices, and procedures pertaining to housing and development to ensure equal access by persons with disabilities and to developers of housing for persons with disabilities. This section establishes a procedure for making requests for reasonable accommodation in land use, zoning, and development regulations as found and contained in this Code. It is the intent of the City of Bloomingdale, its officers, staff, and agents to fully comply with the intent and purpose of fair housing laws.

b.  Reasonable accommodation in the land use, zoning, and development context means providing individuals with disabilities or developers of housing for people with disabilities, flexibility in the application of land use, zoning, and building regulations, policies, standards, practices, and procedures, or even waiving certain requirements altogether, when it is necessary to eliminate legal and regulatory barriers to housing opportunities.

1.  For purposes of this section, an individual with a disability is someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a history of such impairment. The terms "disability" and "handicap", for purposes of the fair housing laws have the same meaning.

2.  A request for a reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning, or development regulation, policy, standard, practice, or procedure acts as a barrier to fair housing opportunities. Development regulations shall mean those minimum standards set forth in this Unified Development Code and shall not include Georgia Statewide Minimum Building Codes, as defined in O.C.G.A. § 8-2-20, or environmental regulations found in general law or the Code of Bloomingdale, Georgia.

c.  Notice of the availability of reasonable accommodation shall be prominently displayed on the official bulletin board in City Hall and on the city's website. Such notice shall state where applications for requesting reasonable accommodation are available to the public.

d.  Any eligible person described in (b)(2) above may request a reasonable accommodation in the application of any land use, zoning, or development regulation, rule, standard, policy, standard, practice, or procedure as described in subsection (b)(2) above, by completing and filing an application requesting reasonable accommodation with the Zoning Administrator, in triplicate. Persons requesting reasonable accommodation are encouraged to consult the director prior to submitting the application in order to make the nature of and need for the request clear.

1.  All requests shall be made in writing, on forms provided by the city, and provide the following information:

A.  Name, address, and telephone number of person filing the request. When available, an email address should also be provided. When the request is being filed for the benefit of an individual with disabilities, the name, address, and telephone number for that person shall also be stated.

B.  Address of property; name, address and telephone number of property owner, if different from requestor.

C.  Detailed description of the requested accommodation and the regulation, rule, standard, policy, practice, or procedure for which accommodation is sought; and

D.  Reason that accommodation is sought and any supporting documentation. If medical information is provided to support a determination that the requestor is a person with disabilities, it should be clearly marked as "Confidential" and will be used only as needed.

2.  Any information identified by the applicant as confidential will be held and used by the city in such manner as to respect the individual's privacy rights and shall not be made available for public inspection.

3.  A request for reasonable accommodation may be filed at any time; however, the city encourages its filing at the earliest opportunity to ensure the applicant with equal access to housing and to allow the city to make timely determinations of other related pending applications and permits. City staff will afford the applicant, upon request, such assistance as needed to ensure the application process is accessible and meaningful. There shall be no fee for requesting a reasonable accommodation.

4.  Granting of a reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.

e.  All requests for reasonable accommodation shall be reviewed by the City Administrator. A written decision on the request shall be issued to the applicant within twenty business days of the receipt of a completed form (Saturdays, Sundays, and legal holidays excluded). After initial review of a request, the City Administrator may request additional information from the applicant.

f.  The written decision to grant, deny, or grant upon conditions a request shall be consistent with the fair housing laws and based upon the following factors:

1.  Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual(s) with disabilities protected by the fair housing laws;

2.  Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;

3.  Whether the requested accommodation would impose an undue financial or administrative burden on the city; and

4.  Whether the requested accommodation would require a fundamental alteration of a material nature in the city's land use, zoning, or development policies.

Where the written decision is to deny the request, or grant the request subject to conditions, a sufficiently detailed explanation of the reasons shall be given the applicant. The decision of the City Administrator can be appealed to the City Council within twenty days of the receipt of the denial. Notice of the decision shall be given the applicant by Certified U.S. Mail, return receipt requested, unless the applicant consents to service in a different manner. A decision concerning the appeal by city council shall be final.

g.  While a request for reasonable accommodation is pending, all laws, rules, regulations, standards, policies, practices, and procedures applicable to the property that is the subject of the request shall remain in full force and effect. This shall include any appeal of the decision until final.

h.  Within 30 days of an adverse decision on a request for reasonable accommodation, an aggrieved person can file a Petition for Writ of Certiorari in the Superior Court of Chatham County, Georgia. Nothing in this procedure shall preclude an aggrieved person from seeking other available federal remedies.

52-204. – Zoning Map Amendment.

If, in accordance with the provisions of this ordinance, changes are made in the district boundaries or other information portrayed in the official zoning map, changes shall be made on the official zoning map promptly, after the amendment has been approved by the City Council of Bloomingdale, together with a numerical entry on the official zoning map referring to the application on file which states the date of the official action and description of the nature of the changes. No amendment to this regulation which involves the matter portrayed on the official zoning map shall become effective until after such change and entry have been made on said map.

No changes of any nature shall be made on the official zoning map or matter shown thereon except in conformity with the procedures set forth in this ordinance. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this ordinance and is punishable as provided by law.

            Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map, which shall be located in the office of the city clerk, shall be the final authority as to the current zoning status of land and water areas, buildings and other structure[s] in the city.

52-205. – Interpretation of district boundaries.

Where uncertainty exists with respect to the boundaries of districts as shown on the official zoning map of Bloomingdale, the following rules shall apply:

            Unless otherwise indicated, the district boundary lines are centerlines of streets or blocks or such lines extended, lot or property lines, corporate limit lines, the centerline of the main tracks of a railroad, a line lying in the center of a stream or drainageway, or the city limits of Bloomingdale.

            Where district boundary lines parallel street rights-of-way or other discernable topographic features, the exact distance shall be scaled from the map.

            Where a district boundary line divides a lot which is single ownership at the time of this enactment, the use classification of the larger portion may be extended to the remainder without recourse to amendment procedure.

            In case the exact location of a boundary cannot be determined by the foregoing methods, the city council shall, upon application, determine the location of the boundary.

            Where a public road, street, alley, or other right-of-way is officially vacated or abandoned, the regulations applicable to the property to which it is reverted shall apply to such vacated or abandoned road, street, alley, or right-of-way.

52-206 – Use of land or buildings.

The regulations set by this ordinance within each district shall be the minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.

(1) No land or buildings shall hereinafter be used or occupied, and no building or parts shall hereafter be constructed, erected, altered, or moved, unless in conformity with all of the regulations herein specified for the district in which it is located.

(2) No building or other structure shall hereafter be erected or altered: (a) To exceed the original size or bulk, (b) To accommodate or house a greater number of families, (c) To occupy a greater percentage of lot area, (d) To have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required; or in any other manner contrary to the provisions of this ordinance(s).

(3) No part of a yard, or other space, or off-street parking or loading required about or in connection with any building for the purpose of complying with this ordinance, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.


ARTICLE 3. - ESTABLISHMENT, FUNCTIONS, AND ADMINISTRATION


52-301. - Introduction.

This article establishes and defines the functions of the Mayor and City Council, Zoning Administrator and the Planning and Zoning Board for purposes of this ordinance, amendments, appeals, variances and special uses.


 

52-302. - Zoning Administrator.

The position of Zoning Administrator is designated by the Mayor and Council.


 

52-302 A. - Functions.

The functions of the Zoning Administrator shall be as follows:

1.  Having the primary responsibility for administering and enforcing this ordinance;

2.  Keeps up to date on current laws, recent court decisions and new techniques related to planning, zoning and development;

3.    Coordinates the review of amendments to this ordinance and special use applications;

4.  Provides information to the City Administrator, Mayor and City Council and the public on zoning and related matters;

5.  Makes recommendations to the Planning and Zoning Board and to the Mayor and City Council on amendments to this ordinance, variances, special uses, annexations and development requests;

6.  Maintains an official zoning map in a current manner, including all amendments to the map, at the planning and development department;

7.  Maintains an official copy of the City of Bloomingdale Zoning Ordinance at the department for public access;

8.  Keeps up-to-date copies of the City of Bloomingdale Zoning Ordinance available for sale to the public and a zoning map for review and access by the public;

9.  Processes applications for rezonings, annexations, variances, conditional use, and special use permits;

10. Conveys written decisions on all requests or amendments to the zoning ordinance to the person or persons requesting such amendment within 10 business days of decisions made by the Mayor and City Council.

11. Reviews applications for building permits for compliance with the City of Bloomingdale Zoning Ordinance and denies such permits if they do not meet existing regulations;

12. Inspects all residential, commercial, and industrial projects to ensure zoning compliance;

13. Accepts and processes bonds for all residential, commercial, and industrial developments;

14. Other functions as prescribed by the City Administrator and Mayor and Council.


 

52-303. - Planning and Zoning Board Created and established.

 

            In order to guide and accomplish a coordinated and harmonious development of the city which will, in accordance with existing and future needs, best promote the public health, safety, morals, order, convenience, prosperity and general welfare, as well as efficiency and economy in the process of development, the City of Bloomingdale Planning and Zoning Board, referred to in this article as the planning and zoning board, is created and established.  


 

52-303 A. - Members.

            There may be compensation for members of the Planning and Zoning Board as approved by Mayor and Council, but they may receive reimbursement of reasonable and necessary expenses incurred in the performance of their duties with prior approval of such expenses by the City Administrator.

 

52-303 B. - Membership; term; purpose.

(a)  The planning and zoning board shall consist of seven members and be comprised of six city employees and one resident of the city. The city employees appointed to the planning and zoning board shall be the following: the zoning administrator, building inspector, chief of city police department, chief of city fire department, department head of public works, and department head of recreation/leisure services. Except for the zoning administrator and building inspector, the city employees appointed herein may appoint a designee, from within their respective department, to serve on the planning and zoning board. Any city resident interested in serving on the planning and zoning board shall be familiar with the city land use and zoning regulations, and submit an application for appointment to the city. All applications shall be reviewed by the city council, and any city resident nominated for membership must be approved by the city council.

(b)  Any city resident duly appointed to the planning and zoning board by the city council shall serve a term of four years unless removed by city council. Upon the conclusion of each four year term, or vacancy in office, any appointment of a different city resident, or appointment to fill a vacancy in office, that person shall be subject to the provisions of subsection (a) of this section. In the event the existing city resident appointee is being re-appointed for a subsequent term, a new application to the city shall not be required.

(c)  The planning and zoning board shall act as an advisory board only, and any recommendation made shall not be binding upon the city council.


 52-303 C. - Organization; rules; staff; quorum; mmeetings.

(1)  The zoning administrator shall serve as chairperson of the planning and zoning board. The planning and zoning board may appoint a secretary, who shall be an officer or employee of the city. The planning and zoning board shall adhere to the following rules of procedure:

(2)  All planning and zoning board meetings shall comply with the requirements of O.C.G.A. § 50-14-1 et seq. (as amended), including without limitation, all meetings being open to the public and minutes taken.

(3)  The planning and zoning board shall hold one meeting per month, with the specific meeting date and time to be set by the City Council.

(4)  Four members, one of which may be the chairperson of the planning and zoning commission, shall constitute a quorum for any meeting.

(6)  Any item for consideration by the planning and zoning board or proposed recommendation to the city council must be acted upon by voice vote and recorded in the minutes.

(7)  Any item for consideration or proposed recommendation shall require a minimum of three votes in favor or against to approve or deny the same. The chairperson shall vote in all matters.

(8)  The planning and zoning board shall follow all notice, meeting, and public hearing guidelines set forth in Georgia law and the Code of Ordinances for the City of Bloomingdale.

(9)  When any question arises which is not provided for in the rules applicable to the planning and zoning commission, as far as practicable, it shall be controlled by the then current edition of Robert's Rules of Order.  

(10)  The chairperson or any three members may call a special meeting.

 

(11)  A failure of the Planning and Zoning Board to have a quorum present to vote or a voting decision resulting in a tie shall result in the matter being forwarded to the Mayor and City Council for review and consideration.


52-303 D. - Conflicts of interest.

If any member of the Planning and Zoning Board shall find that his private or personal interests are involved in the matter coming before the board, they shall disqualify them self from all participation in that matter. No member of the board shall appear before the Planning and Zoning Board or the Mayor and City Council as agent or attorney for or on behalf of another person or entity concerning a planning, zoning, or development matter.

Prohibited. No member of the planning and zoning board shall benefit monetarily or otherwise, either directly nor indirectly, from a decision of the planning and zoning board. No member of the planning and zoning board shall engage in a conflict of interest whereby any member will have an interest in the final decision, determination or judgment of the planning and zoning board causing a conflict between the personal interest of the member and the best interest of the citizens of the city. All members of the planning and zoning board are prohibited from benefiting or engaging in a conflict of interest pertaining to any matter which is presented before or decided by the planning and zoning board.


52-303 E. - Functions.

1.  Review the zoning ordinance to make recommends to the Mayor and City Council for amendments where appropriate. Recommend goals and objectives to the Mayor and City Council for the implementation and enforcement of the zoning ordinance.

2.  Conduct meetings to review proposed amendments to this ordinance in order to make recommendations to the Mayor and City Council on rezoning applications, annexation applications and special use permits after receiving written comments on the application from the Zoning Administrator; provided, however, no action by the Planning and Zoning Board shall constitute "final action" on zoning decisions.

3.  Other functions as prescribed by the Mayor and City Council relative to zoning.


 

52-304. - Mayor And City Council.

The functions of the Mayor and City Council, as relate to this ordinance, shall be as follows:


 

52-304 A. - Public Hearings—Amendments.

Conduct an official public hearing for amendments to this ordinance in accordance with subsections of *** Section 404.


52-304 B. - Proposed amendments.

Approve or deny any proposed amendment to this ordinance, including any and all amendments to the official zoning map (the rezoning of land), based upon an evaluation under the standards found within *** Section 404 of this ordinance, and after first receiving comments and recommendations from the Zoning Administrator and the Planning and Zoning Board.


52-304 C. - Public Hearings—Appeals.

Hold public hearings and make decisions on appeals of decisions made by the City Administrator, Zoning Administrator, applications for variances, applications for zoning issues, applications for development issues, applications for conditional uses, and applications for special uses.


52-304 D. - Publish decisions.

Officially publish any decision made relative to approval or denial of any amendment to this ordinance, appeals, variances, conditional uses, and special use permits.


52-304 E. - Propose Amendments.

Propose amendments to this ordinance, as deemed appropriate, and submit such proposed amendments to the Zoning Administrator and Planning and Zoning Board for their comments and recommendations.


52-304 F. - Appoint members.

Appoint the Planning and Zoning Board in accordance with *** Section 303 B.


52-305. - Conflict Of Interest Disclosure Affidavit.

Members of the Planning and Zoning Board and the Mayor and City Council shall make and file an affidavit with the Zoning Administrator in any zoning matter in which the official has a property interest in any real property affected by the rezoning action upon which that official is authorized to vote; has a financial interest in any business entity which has a property interest in any real property affected by the rezoning action upon which that official is authorized to vote; or has a member of the family having an interest described above. For purposes of this requirement, members of the family shall include the official's spouse, father, mother, brother, sister, son or daughter. Affidavits shall be filed immediately upon learning that a rezoning action is pending.  Officials making disclosure under this requirement shall recuse themselves from voting on this matter.

Applicants applying for a rezoning action, within ten days of filing of the application, shall file with the Zoning Administrator an affidavit disclosing whether within two years immediately preceding the filing of said application, applicant has made campaign contributions or gifts totaling or having an aggregate value of $250.00 or more to a member of the Planning and Zoning Board or Mayor and City Council who is authorized to vote on the rezoning action. This disclosure shall state the name of the official, the amount and date of the campaign contribution or a description and estimate of value of any gift.


 


ARTICLE 4. - PROCEDURES


52-401. - Submittal Requirements for All Building, Development and Zoning Applicants.

All applications for reviews, approvals, annexations, administrative and legislative decisions specified in the Unified Development Code shall be submitted on forms provided by the city and shall be submitted with the documentation required for each type of application. The Zoning Administrator is hereby authorized to establish administrative deadlines for the receipt of applications and associated information in accordance with the provisions of this chapter.


 

52-401 A. - No application officially accepted until complete.

1.  Review of application completeness. Upon submittal, each application shall be subjected to a review of application completeness prior to being officially accepted by the city. An application shall be considered "complete" if it is submitted on the required form, includes all submittal information, including all exhibits specified by the Zoning Administrator, and accompanied by the application processing fee as adopted by the Mayor and City Council and as may be revised periodically. The review of application completeness shall be conducted by staff within 15 business days of the submittal deadline. If the city determines the application is complete, the application shall be processed pursuant to this chapter.

2.  Incomplete applications. If the city determines that the application is incomplete, staff shall notify the applicant of that fact via the contact phone information provided and specify the ways in which the application is deficient. All incomplete applications shall receive no further processing until the deficiencies are corrected via a new submittal.

3.  Resubmittal of applications. Resubmittal of the application shall be treated as a new application. Under no circumstances may staff delay conducting the review of application completeness in excess of 15 business days of the submittal deadline. If the review of application completeness is not completed within 15 business days of the submittal deadline, the application shall be determined complete.


 

52-401 B. - Submittal Fees.

All applications shall be submitted with the required fee. The amount of each fee will be established by the city, and approved by the Mayor and City Council, which may be revised periodically.


52-401 C. - Boundary Survey.

All applications shall be accompanied by a boundary survey prepared by a registered land surveyor; the number of copies shall be submitted as indicated on application forms established by the city; applications shall also include one copy of the boundary survey reduced to a size of 8.5 inches by 11 inches.


52-401 D. - Legal description.

All applications shall be accompanied by a written metes and bounds legal description. It must establish a point of beginning and from the point of beginning give each dimension bounding the property, calling the directions (e.g. north, northeasterly, southerly, etc.) which the boundary follows around the property returning to the point of beginning. If there are multiple properties, all properties shall be combined into one legal description.


52-401 E. - Non-discrimination.

1.  Purpose and intent. Throughout this Code, provisions are made for the issuance by the city of various licenses, permits, and approvals. Some are required by federal or state law while others are part of a comprehensive regulatory scheme adopted by the Mayor and City Council. The Mayor and Council find that the number of ever-increasing demands on city staff, resources, and infrastructure is limited, not only by budgetary constraints, but physical limitations and manpower. It is the objective of this Mayor and Council to utilize its resources wisely, fairly, and in the most efficient manner, while requiring consideration of criteria and standards without discrimination or favor. The intent of this section is to recognize and provide guidance for city staff and this Mayor and Council as the city's governing authority to ensure that city services, privileges, and benefits are delivered in a non-discriminatory manner.

Most all forms of licenses, permits, and approvals required by the city involve some form of deployment of city resources. In order to conserve and allocate these resources wisely, the city often must balance competing factors affecting its citizens, property owners, residents and businesses. Licensing and permitting often requires some form of due process, or notice, and can only be approved following a hearing or other means of allowing citizens to be heard. Adequate advance notice to the pertinent city staff is key to timely and relevant decision-making, as well as a full understanding of material facts and the applicant's objectives. Normally, the burden is on the applicant to apprise the city staff of material information by filing a complete application.

Fees charged in relation to permits or licenses are established to recoup the city's cost of permit/license review and administration. In certain cases, the fee will also seek to recoup anticipated costs to the city for the burden placed on infrastructure and services, such as additional security and traffic control. The upfront payment of required fees is part of the submission of a complete application. Waiver or reduction of fees and waiver of a complete written application is discouraged, except as incentives for economic development, and can only be approved by the Mayor and Council, upon written recommendation of the City Administrator.

Last, while it is the general intent of the City to make its permitting and licensing procedures as simplified as possible, the need for fully informed decision-making by city staff mandates the need for consistency and transparency, which are only attainable through a written application process, followed by documented verification and review. In all instances where applications are filed, the city will seek to provide a timely response to the applicant, with all final decisions (approval, denial, or approval upon reasonable conditions) given to the applicant in writing.

2.  Non-discrimination. This provision shall apply to all licensing, permitting, and/or approval requests found in this Code. Though certain Code sections may contain objective criteria or standards relevant to the specific license, permit, or approval sought, this provision shall serve as an overlay and guide the decision-making process.

a.  No license, permit, or approval shall be denied nor shall the applicant be given less favorable treatment as to time, place, or manner requirements or conditions on account of the race, color, creed, religion, gender, domestic relationship status, familial status, sexual orientation, national origin, political affiliation, or gender identity of the applicant and/or participants in the business, undertaking, event, or activity to be carried out by the applicant under such license, permit, or approval.

b.  No license, permit, or approval shall be denied nor shall the applicant be given less favorable treatment as to time, place, or manner requirements or conditions based upon the message or content of speech of the applicant and/or participants in the business, undertaking, event, or activity to be carried out by the applicant under such license, permit, or approval.

c.  Where it is assumed or reasonably believed that issuance of a license, permit, or approval is likely to result in unreasonable hostility by opponents of an applicant and/or its group or entity, or there is a heighten risk to public safety, based upon the content of speech or the message conveyed by the applicant and/or participants in the undertaking, event, or activity to be carried out by the applicant under such license, permit, or approval, reasonable accommodation as to time, place, and manner requirements shall be afforded, including provision of city resources necessary for traffic control, and police and fire protection; provided, however, payment for or reimbursement of the cost of such accommodation may be imposed by the city as a reasonable condition for such approval.

d.  All other conditions or modifications of the time, place, and manner requirements for a license, permit, or approval shall be reasonable and imposed based upon compelling reasons relating to public safety, health, or the environment. When approval is based upon the imposition of reasonable conditions, all such conditions shall be clearly set forth in the written notice of decision.

 

52-402. - Plan Review.

Prior to plat approval and prior to the issuance of any building, land disturbance, grading, construction or other development permit, applicants must submit site plans for city review. It is the policy of the City of Bloomingdale to consider the approval of site plans and subdivision plans as necessary for the orderly, efficient and economic growth and development of the city.


 

52-402 A. - Building Plan Review.

In addition to building plan review requirements, no building permit shall be released prior to a review for zoning compliance. Further, no Certificate of Occupancy shall be released prior to field inspection for site and zoning compliance with items including but not limited to: setbacks, parking, plantings, berms, buffers, fencing, building height and other required building elements, building materials, block sizes, and conditions to zoning as may have been required at rezoning approval or by this Development Code. *** Section 1310 establishes procedures for Certificate of Use and Occupancy.


52-402 B. - Development Plan and Subdivision.

*** Article 13 establishes review procedures for the land development process. Procedures involve Preliminary site plans (conceptual), and Final site and Subdivision plans (construction) and As-Builts. *** Sections 1304 and 1305 define platting and conveyance procedures.


52-402 C. - As-builts.

Procedures established as follows: for all construction and grading *** (section 1309), and for Roads, Site and Drainage *** (section 1401).


52-403. - Subdivision and the Creation of New Lots (Combination and/or Division).

Prior to plat approval and prior to the issuance of any building, land disturbance, or other development, the subdivision or creation of new lots shall be reviewed for conformity with all zoning and development regulations according to procedures established in *** Article 13.


 

52-404. - Amendments.

Amendments to this ordinance may be proposed by the City Administrator, Zoning Administrator, the Mayor and City Council, the Planning and Zoning Board and any other owner of property within the City of Bloomingdale or the owner's legal representative. All amendments to this ordinance, either to the text or map, shall be in accordance with the provisions of this section.


 

52-404 A. - Written Ordinance Requirement.

All amendments to this ordinance, either to the text or map (rezonings) shall be in the form of a written ordinance and read at least one meeting of the Mayor and City Council. Copies of the proposed ordinance shall be available for distribution at the public hearing before the Mayor and City Council.


52-404 B. - Consistency with Comprehensive Plan.

All amendments to this ordinance shall be consistent with the most current, adopted Future Land Use Map of the City of Bloomingdale Comprehensive Plan, as may be amended from time to time, unless significant justification exists based upon an analysis of the standards set forth in *** Section 405. The applicant shall bear the burden of proof and persuasion by demonstrating approval of a proposed amendment not consistent with the comprehensive plan is warranted, based upon evaluation of the standards set forth in *** Section 405.


52-404 C. - Applications.

All applications for annexation, rezoning, variance, conditional use, and special use shall be made in writing on form(s) provided by the City of Bloomingdale and shall be submitted to the Zoning Administrator. No application shall be considered complete until all applicable form(s) have been submitted with payment of applicable fees.


52-404 D. - Application Submittal Requirements for Variances, special use, conditional use, and Rezoning Requests.

All application submittals shall include information deemed necessary by the City of Bloomingdale, including but not limited to the following:

1.  Completed application form.

2.  Detailed description of existing land uses on all contiguous property;

3.  The location of the subject property including street numbers, if available;

4.  A boundary plat of the subject property, prepared in accordance with the Georgia Plat Act, showing the dimensions of acreage, location of tract and location of all existing improvements and easements;

5.  A site plan drawn to scale showing:

a.  Any and all improvements to be constructed if the application is approved, along with the proposed use and dimensions of all structures;

b.  A statement with any prior conditions to zoning, plat and/or prior variance request approvals granted by the City of Bloomingdale;

c.  Site plans with variance requests shall indicate the dimension of the proposed subject of the variance request *** (see 415 [section 410] for variance procedures).

6.  Chatham County Tax Map, block and lot number of the appropriate plat reference;

7.  The present and proposed zoning district classification for the subject property;

8.  The name and address of the owner of the subject property;

9.  The area of land of the subject property, stated in square feet if less than one acre;

10. Date of application;

11. Any prior applications or actions for rezoning of all or part of the subject property within the past five years;

12.  Documentation supporting the request based upon the standards of this article.

13.               Authority from property owner to act on behalf of property.

 

52-404 E. – Notice of Review Schedule

Within 30 days following receipt of a complete application, the Zoning Administrator shall notify the Planning and Zoning Board of the application submittal and the scheduled review process and the applicant shall be notified.


52-404 F. – Time Schedule

The Planning and Zoning Board, upon receipt of the evaluation from the Zoning Administrator, shall consider the application at a scheduled meeting.  A recommendation from the Board will be presented to the Mayor and City Council within 60 days of a vote by the Board’s meeting.


52-404 G. - Public Hearings.

Public hearing shall be conducted as provided in *** Section 408.


 

 

52-404 H. - Deferral authority.

The Mayor and City Council, Zoning Administrator, and Planning and Zoning Board may defer action or recommendation for a reasonable length of time on any proposed zoning decision pending submission of additional information as requested of the applicant.


52-404 I. - Decisions and recording.

Upon concluding the public hearing, the Mayor and City Council, in its legislative discretion, may approve, approve with conditions or deny the proposed zoning decision, as submitted or conditioned, defer a decision until a specific meeting date, require the applicant to file additional information or plans regarding the project development and defer action to a later meeting date, or allow withdrawal by the applicant, if requested prior to a vote by the Mayor and Council.

1.  Voluntary withdrawal prior to a vote shall not constitute a denial.

2.  In approving the ordinance, the Mayor and Council may impose additional conditions or delete conditions recommended by the Zoning Administrator or Planning and Zoning Board; provided, however, all such conditions shall be stated in the proposed ordinance prior to its final reading.

3.  The second and final reading of the ordinance shall take place at the next regular scheduled meeting of the Mayor and City Council, unless the second reading was waived by Mayor and Council at the First Reading. The vote of each member of the Board shall be recorded in the official minutes. Any tie vote shall constitute a denial of the proposed ordinance amendment.


 

52-404 J. – Recording Changes to the Zoning Map

After final action by the Mayor and City Council on a zoning decision, any necessary changes to the official and unofficial zoning maps shall be made by the Zoning Administrator within 45 days and shall be dated and signed by the Mayor. Only changes authorized to be made by the Mayor and Council, after compliance with the amendment procedures of this ordinance, shall be made and recorded on the official zoning map and official copy of this ordinance, as maintained for public inspection and copying in the City Clerk's office.


52-404 K. – Notification of Final Decision

The Zoning Administrator shall convey the final action, in writing, on a zoning decision to the applicant within five business days of the Mayor and City Council making such decision.


52-404 L. – Records of Final Decisions

All records concerning proposed zoning decisions, whether approved, denied or withdrawn, shall be maintained by the City Clerk as public records of the city.


52-404 M. – Reapplying for a Zoning Amendment

If an application for rezoning is denied by the Mayor and City Council, the same request shall not be reconsidered for six months from the date of such denial. Voluntary withdrawal by the applicant, prior to a vote on final action by the City Council, shall not constitute a denial.


52-405. - Rezoning Evaluation Criteria.

All proposed rezonings of property shall be evaluated in light of the following standards used to interpret the balance between an individual's right to the use of their property and the public health, safety or general welfare of the community. In applying these standards, expression of opinions unsupported by objective factual analysis, using the criteria set forth below, should not be considered by the Mayor and City Council.


1.      Existing uses and zoning of adjacent properties;


2.      Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned, although such use may not be its highest and best potential use.


3.      Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby property;


4.      The relative gain to the public as compared to the hardship imposed upon the individual property owner (applicant) by maintaining the existing zoning;


5.      The suitability of the subject property for the purposes for which the applicant seeks to have it rezoned, including availability of existing infrastructure (when required infrastructure is not available, applicant should address the means by which it will be provided – water, sewer, drainage, roads, streets, access to property, etc… );


6.      The compatibility of the applicant's proposed use of the property, if rezoned, with surrounding properties and uses (the applicant should address measures to reduce negative impacts of the proposed use, including applicant's position on any conditions attached to a recommendation for rezoning by the Zoning Administrator and/or Planning and Zoning Board);


7.      Any environmental, historic, cultural or aesthetic concerns unique to the subject property or proposed use, and how applicant proposes to mitigate any negative impacts on surrounding properties and the community at large;


8.      Whether there has been a change in conditions of the subject property or properties in the vicinity of the subject which give supporting grounds for either approval or disapproval of the zoning proposal;

9.      If applicable, the length of time the subject property has been vacant or substandard as zoned, when considered in the context of land development in the vicinity of the property.

10.  It must not be detrimental to the use or development of adjacent properties, or to the general neighborhood so as to adversely affect the health, safety or general welfare of citizens;

  1. The proposed use will not constitute a nuisance or hazard or otherwise adversely affect the public interest because of the number of persons who may normally be expected to use such facility or type of physical activity;

12.    Other items that may be considered include traffic flow, availability of off-street and on-street parking, protective screening, hours and manner of operation of the proposed use, outdoor lighting, signage and ingress and egress to the property;

13.    Is the request a logical extension of a zoning boundary which would improve the pattern of uses in the general area and conform to the comprehensive plan;

14.    Is this request an illogical extension of a zone boundary which would intrude a damaging volume of (a) commercial, (b) industrial, (c) high-density apartment use into a stable neighborhood of well-maintained single-family homes, and would be likely to lead to neighborhood deterioration, the spread of blight, and requests for additional zoning of a similar nature which would expand the problem;

15.    Is the request spot zoning and generally unrelated to either existing zoning or the pattern of development of the area, and contrary to the intent of the comprehensive plan;

16.    Would granting this request extend to the applicant development rights denied to other[s] similarly situated in the same area;

17.    Could a change in zoning classification adversely affect market values and/or tax rates of nearby properties; and

18.  The applicant must meet all specific requirements established in this ordinance for the particularized special use requested, including design treatments required by *** Articles 5 and 6.

 

52-406. - Special Uses.

Special uses are potential compatible uses of land or the improvement of structures within a zoning district that reasonably require special consideration and therefore are not allowed of right. All proposed special uses of property shall follow procedures for 52 - 404 C., D., and E., and public hearing proceedings 52 - 408.


 

52-406 A.

Special use requests shall be evaluated according to the following standards:

1.  It must not be detrimental to the use or development of adjacent properties, or to the general neighborhood so as to adversely affect the health, safety or general welfare of citizens;

2.  It must not adversely affect existing property and uses and it must be proposed to be placed on a lot of sufficient size to satisfy the space requirements for the use;

3.  General compatibility of the proposed special use with adjacent properties and other land uses in the general area;

4.  The proposed use will not constitute a nuisance or hazard or otherwise adversely affect the public interest because of the number of persons who may normally be expected to use such facility or type of physical activity;

5.  Other items that may be considered include traffic flow, availability of off-street and on-street parking, protective screening, hours and manner of operation of the proposed use, outdoor lighting, noise, signage and ingress and egress to the property;

6.  The applicant must meet all specific requirements established in this ordinance for the particularized special use requested, including design treatments required by *** Articles 5 and 6.

7.    City Council shall evaluate all special use request using the criteria and standards listed in 52 - 405.


52-406 B. - Decisions.

In granting a special use permit, the Mayor and City Council may impose reasonable conditions as are deemed necessary in the particular case for the protection or benefit of existing properties in order to assimilate the proposed development or use into the neighborhood or area with minimal impact. The Mayor and Council’s conclusion on the grant of a special use, or the reasons for denial, shall be afforded to the applicant in writing within five days of the decision, by U.S. Mail to the address shown in the application. Aggrieved applicants shall have 30 days from the decision to appeal to the Superior Court of Chatham County.

 


52-407. - Annexation.

The Zoning Administrator and Planning and Zoning Board shall make recommendations to the Mayor and City Council on the initial zoning of land proposed to be annexed in the City of Bloomingdale, Georgia. Annexation applications, meeting the requirements of O.C.G.A. Title 36, Chapter 36, shall be submitted to the Zoning Administrator and shall include the following information:


1.      A legal description of said property to be annexed;


2.      Title opinion of an attorney certifying to ownership of the property as of the date of filing this application;


3.      A complete survey showing the property in relation to the present city boundary;


4.      A copy of the pertinent Chatham County, Georgia, Tax Map or maps showing where the property to be annexed is located in reference to existing municipal boundaries;


5.      Applicant's proposed initial zoning classification for the property under this ordinance;


6.      Governmental services currently provided for the property to be annexed, either by Chatham County, municipalities or authorities;


7.      County-owned public facilities of the area proposed to be annexed;

Applicant's evaluation of initial zoning requested shall be conducted in accordance the criteria of *** Section 405. A vote by the Mayor and City Council on zoning for an annexation proposal shall not constitute final action on a zoning decision until the annexation is finally approved and effective. No land annexed into the City of Bloomingdale, Georgia, shall be unzoned.


52-407 A. – Annexation and other adjustments to city limits.

Where city limit boundaries change by virtue of annexation or some other means, the following provisions shall apply:

(1) The land areas incorporated shall be classified R-1 one-family residential until such time as such classifications are changed through normal amendment procedures or unless a different classification is called for in the annexation ordinance.

(2) In all cases, where additions in the total land area require adjustments in the zoning district boundaries, said adjustment shall be made on the official zoning map.

52-408. - Public Hearings.


52-408 A.

Public hearings shall be held prior to legislative and certain administrative action, as specified within the Unified Development Code and Georgia law concerning Zoning hearing requirements which are specifically incorporated herein and made a part hereof.


52-408 B.

Public hearings shall be held by the Mayor and City Council prior to final legislative action which results with:

1.  The consideration of an amendment to this ordinance that changes the text of the ordinance;

2.  The consideration of any amendment to this ordinance that rezones property from one zoning classification to another;

3.  The consideration of any amendment to this ordinance which zones property to be annexed into the City of Bloomingdale;

4.  The consideration of a request for a special use of property, request for variance, request for conditional use as provided in this ordinance;

5.  When a proposed zoning decision is sought to locate or relocate a half-way house, drug rehabilitation center or other facility for the treatment of drug dependency, an additional public hearing shall be conducted at least six months and not more than nine months before final action by the City Council; such hearing shall be supplemental to the public hearing required under subsection (A) above. For the supplemental hearing only, the published notice of the public hearing shall be at least two column inches in size and shall not be located in the classified advertising or legal advertising section of the newspaper and shall publish at least 15 and not more than 45 days prior to the hearing. In addition, a sign containing the information required by subsection (C) below shall be posted conspicuously on the property at least 15 days prior to the date of the hearing.


 

52-408 C.

The Zoning Administrator shall cause notice of the public hearing before the Mayor and City Council to be published in the legal notice section of the legal organ of Chatham County, Georgia, at least 15, but not more than 45, days prior to the date of the hearing, stating the time, place and purpose of the hearing, the location of the property by street address and tax map reference, the present zoning classification and, as applicable:

1.  For zoning, conditional use, and special use public hearings, the proposed zoning classification or description of other zoning decision sought.

2.  For a zoning decision for initial zoning of property to be annexed into the city, in lieu of the present zoning classification, the publication shall state the present zoning or use of the property under the Chatham County Zoning Ordinance.

3.  For a variance request, the publications shall state the section(s) of the code applicant requests permission to vary.


 

52-408 D. - Notification Signs and Mailings.

If the action is for the rezoning of property shown on the official zoning map by a party other than the City of Bloomingdale, initial zoning upon annexation of property, conditional use, variances, or a special use permit, a minimum of one sign stating the time, place and purpose of the hearing, the location of the property by street address and tax map reference, the present zoning classification and the proposed zoning classification or description of other zoning decision sought, or in case of variance the ordinance sought to be varied, and the telephone number of the Zoning Administrator's office, shall be placed by the Zoning Administrator or a designee in a conspicuous location on the property not less than 15 days prior to the date of hearing.

The sign will contain the hearing dates before City Council. Where feasible, the sign shall be placed at or near the property boundary adjacent to the public right-of-way in a manner most readily seen by the public.

All adjacent property owners shall be notified in writing by first class U.S. mail of the type of request (rezoning, initial zoning, conditional use, special use, or variance), the date, the time, and the place of the public hearing and the proposed changes.

 


52-408 E. - Proceedings.

At the official public hearing conducted by the Mayor and City Council, the Mayor will announce the proposed request under consideration and that printed copies of the adopted standards governing exercise of the zoning power and procedures governing the hearing are available to the public. The Zoning Administrator shall advise the Mayor and Council of the nature of the decision sought and the recommendation of the Planning and Zoning Board and city staff, when applicable. The applicant or his attorney may then address the Mayor and Council. Proponents, including the applicant or his attorney, shall have no less than ten minutes for presentation of data, evidence and expert opinions; opponents of the proposed decision shall have an equal minimum period of time, but no less than ten minutes for presentation of data, evidence and expert opinion. The Mayor may grant additional time; provided, however, an equal period of time shall be granted both sides. The Mayor may limit repetitious comments in the interest of time and may call for a show of hands of those persons present in favor or opposed to the proposed decision. It shall be the duty of the Mayor to maintain decorum and to assure the Public Hearing on a proposed decision is conducted in a fair and orderly manner. Zoning and variance request decisions shall be placed on the agenda in the order in which they are filed with the Zoning Administrator.


52-408 F.

Copies of applicable sections of this ordinance shall be available for distribution to the public at all public hearings, without charge. Copies of the entire ordinance may be purchased at City Hall at a reasonable charge.


52-409. - MEETINGS.


52-409 A.

All meetings, both regular and called, at which an application filed pursuant to this ordinance is to be discussed, considered or acted upon by the Mayor and City Council, shall be open to the public. Notice of special meetings shall be given in accordance with the Georgia Open Meetings Law.


52-409 B.

Where notice is given in accordance with this ordinance, no further notice to the property owner or any interested party is required. Failure to provide notice as required by this ordinance may constitute grounds for the final action of an application to be declared null and void. Appearance at the public hearing shall constitute a waiver of all claims based upon improper publication of notice or posting on the property.


52-410. - VARIANCES.

52-410 A. - Limits To Variance Considerations.

The Mayor and City Council shall not grant variances for the following:

1.  To increase the maximum density per acre above that established by the physical requirements for the zone in which the property is located;

2.  To permit a use or expansion of a legal non-conforming use in a district in which the use is not permitted by right or special use under this ordinance; or

3.  Due to the presence of non-conformities in other existing buildings or structures in the zoning district or adjoining zoning districts.


 

52-410 B. - Application Submittal.

Applicant shall follow submittal requirements described in *** Section 404 C. and D.


 

52-410 C. - Public hearing required.

Prior to taking final action on any variance application, the Mayor and City Council shall conduct a Public Hearing, which shall follow public hearing notification and procedures as provided in *** Section 404, with the following qualifications:

1.  The burden of proof and persuasion shall be upon the applicant to demonstrate entitlement to the variance, under the standards set forth below, by clear and convincing evidence. After first hearing from the applicant or his attorney, the city staff and/or any interested parties desiring to participate in the hearing shall be entitled to present evidence. The applicant shall have the right of rebuttal.

2.   All hearings shall be recorded and a transcript of the evidence and proceedings at the hearing shall be prepared by the city, upon request of any party, who shall be responsible for the cost of transcription.


 

52-410 D. - Variance Evaluation Criteria.

The Mayor and City Council, upon conclusion of the administrative hearing, shall deliberate upon the evidence, evaluated in light of the following standards:

1.  There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography;

2.  The application of these regulations to this particular piece of property would create a practical difficulty or unnecessary hardship;

3.  Such conditions are peculiar to the particular piece of property in question and not be common to other properties in the district;

4.  Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of these regulations, provided, however, that no variance may be granted for a use of land or building or structure that is prohibited by this ordinance;

5.    The property involved cannot be used in a manner permitted by the ordinance unless the variance is granted;

6.    Inability to put the subject property to its most profitable use does not constitute "unnecessary hardship”;

7.    Mere inconvenience to the applicant is not sufficient grounds for "unnecessary hardship”;

8.    Value alone is not a proper criterion in determining "unnecessary hardship”; and

9.  A literal interpretation of this ordinance would deprive the applicant of any rights that others in the same district are allowed.


 

52-410 E. - Variance Decisions and Appeals.

1.  Approvals. On all variance applications, after hearing, the Mayor and Council shall determine whether the applicant is entitled to a variance based on the evidence and information as determined by Mayor and Council. In granting a variance, the Mayor and City Council may attach such conditions regarding the location, character and other features of the proposed building, structure or use as it may deem advisable so that the purpose of this ordinance will be served. The terms of the approved variance shall be fully set forth in a writing signed by the Mayor and made a part of the official record, with a copy mailed to the applicant.   

2.  Validity period. A variance is valid for the period of one year from the date of approval. Prior to the end of the year, if work has not begun, the applicant may request one extension not to exceed one additional year, if approved by city council.

3.  Denials. If the variance is denied, the findings of the city council upon which the denial is based shall be served upon the applicant, by U.S. Mail at the address shown in the application.

4.  Appeals. Aggrieved applicants shall have 30 days from the denial in which to petition the Superior Court of Chatham County. Notice of the date, time and location of the Public Hearing shall be given the applicant and any interested party known to the Zoning Administrator, not less than 15 days prior thereto, by U.S. Mail to the address shown in the application or as furnished to the Zoning Administrator. In addition thereto, notice of the Public Hearing shall be published in the legal organ of Chatham County, Georgia, in the legal notice section not less than 15 days before the hearing nor more than 45 days prior to the hearing, advising all interested parties of their opportunity to appear and participate. A telephone number for the Zoning Administrator shall also appear in the notice to allow interested parties to obtain more information.


52-411. - Revocation of Approval.

In the case of any variance or special use permit granted in accordance with the provisions of this ordinance, if the Mayor and City Council learns that such variance or special use permit was granted based upon false or misleading representations made by the applicant or his agents to the Mayor and Council, the Mayor and City Council may revoke such special use or variance after giving due notice to all parties concerned and granting full opportunity for hearing. Following revocation, an application for a variance or special use permit shall not be resubmitted for a period of six months.


 

52-412. - Records and Minutes of Proceedings.

The City of Bloomingdale City Clerk shall cause the proceedings of all zoning public hearings to be recorded in the official minutes. A copy of the minutes of the public hearing and all evidence submitted at the public hearing shall also be made a part of the particular zoning decision's file in the office of the Zoning Administrator. Copies of applications, proposed ordinances, supporting documents and plats, any written evaluations and recommendations by the Zoning Administrator and the Planning and Zoning Board and minutes of all related proceedings shall be deemed as the official record.


52-413. - Developments of Regional Impact.

Any development or proposed project which is a development of regional impact (DRI), as defined by regulations of the Georgia Department of Community Affairs, must first be submitted to the governing regional Board for review in accordance with the applicable state regulations and statutes before any zoning decision can be made by the city with respect to said project.


52-414. - Appeal of Decisions by City Administrator, Zoning Administrator, or other City Official.

Any order, requirement, decision, or determination made by the City Administrator, Zoning Administrator, or any other administrative official of the city in the enforcement of any section or article adopted in this ordinance may be appealed directly to the city council. Such appeal to the city council must be in writing and it must be filed within 30 days after the City Administrator or Zoning Administrator or any other administrative official of the city has rendered its decision.

Upon receipt of such written notice of appeal, the city council shall hold a public hearing on the appeal. The city council may reverse, affirm or modify the orders or requirements, but in any event shall issue a final decision on the appeal.

52-415. - Appeal of Decisions by Mayor and City Council.

Any person aggrieved by a decision of the Mayor and City Council shall, within 30 days of such decision becoming final, appeal to the Superior Court of Chatham County, Georgia. A decision in regard to the denial of a rezoning, variance, conditional use, or special use shall be deemed to have been rendered on the date of the document from the Zoning Administrator notifying the applicant of the Mayor and City Councils’ decision or action.


 



ARTICLE 5. - USE PROVISIONS: PERMITTED, SPECIAL, ACCESSORY, CONDITIONAL, TEMPORARY, AND NONCONFORMING


52-501. - General.


52-501 A. - Every Use Must Be Upon A Lot.

No building or structure may be erected or use established unless upon a lot as defined by this ordinance.


52-501 B. - Only One Principal Building Per Lot.

Except as herein after provided, there shall be no more than one principal building or structure upon any lot, whether permanent or temporary in nature.


52-501 C. - Utilities.

Electric substations, natural gas facilities, cable or other communication facilities are permitted within all zoning districts.


52-501 D. - Emergency Shelters.

Emergency shelters for the purpose of protecting individuals from life threatening weather storms or other emergencies shall be permitted as an accessory structure in all zoning districts and shall meet the setback requirements of such structures in the district. Shelters shall be maintained so as not to become a hazard or blight to the community.

52-501 E. - Temporary mobile home parks.

During periods of emergency declared by the mayor pursuant to the provisions of this Code as the result of natural or manmade disasters, temporary mobile/manufactured/industrialized homes, travel trailers, recreational vehicles, campers, or mobile/manufactured/industrialized home parks, campgrounds or other living areas may be located on property approved by the mayor and council in any zoning district in the city. The parks, campgrounds or other living areas shall be designed by an engineer and plans must be approved by the Chatham County Health Department as well as the city's zoning administrator and public works department. Permits may be issued by the city's zoning administrator to establish a temporary mobile home park for a period not to exceed 18 months. Such approval may only be extended by the mayor and council beyond 18 months after a public hearing and a demonstrated finding of necessity on behalf of the mayor and council.

52-501 F. - Site standards for mobile homes used as hardship secondary dwellings on single-family residential lots outside of mobile home parks.

 

A mobile home may be utilized as a hardship secondary dwelling on a single-family residential lot outside of mobile home parks provided that the following conditions are met:

1. The city council shall determine if a hardship situation exists because of a medical disability and whether the hardship mobile home unit will not adversely affect the adjoining and surrounding properties. The disability shall be established by a certification of a licensed physician. The definition of "medical disability" for the purpose of this article is a medically demonstrably disability which is permanent and which renders the disabled individual incapable of performing for himself/herself every day essential activities such as dressing, preparing meals, bathing, and taking medication.

2. A permit for the hardship secondary mobile home dwelling maybe be issued by the city council and shall be valid only for one year. Said permit may be renewed by request of the holder in the form of a petition requesting a one year extension by the city council. Such requests shall include a statement by a licensed physician that such medical disability continues to exist.

3. The hardship mobile home dwelling must be placed on a tract of land at least 15,000 square feet in size.

4. The hardship mobile home dwelling must be in the rear yard behind the primary single-family detached dwelling unit on the lot and shall house either the disabled individual, a member of the disabled person's immediate family, or a legally appointed guardian for the disabled individual. The disabled person must live in the primary residence or the hardship mobile home.

5. No additions shall be made to any hardship mobile home dwelling except for necessary handicap accessible items.

6. A hardship use mobile home shall be located on the tract of land in a manner consistent with the location of buildings on adjoining lots.

7. The hardship use mobile home shall meet all other requirements of this Unified Development Code.

8. The hardship shall end upon the death of the disabled person and the hardship permit shall terminate.

9. Once the hardship permit ends or is terminated, the hardship mobile home shall be removed within 6 months.

10. If the hardship mobile home is not removed after the 6 month period, the property owner shall be cited with an ordinance violation and ordered to appear in municipal court to respond to the charges.

11.  If the hardship mobile home is not removed after the 6 month period, the city may, after giving a 60 day notice by certified mail or personal service, remove and dispose of the mobile home in accordance with Georgia law.  The City may assess all of the cost of removal and disposing of the mobile home against the real property that the mobile home was located on.  The assessment on the real property shall follow the same procedure as that for filing tax liens under Georgia law.  The city may foreclose on the assessment in the same manner as the procedure for foreclosing on tax liens pursuant to Georgia law. The city may sell the real property to satisfy the assessment amount, plus any cost as allowed by Georgia law, in the same manner as the procedure for selling real property at a tax sale pursuant to Georgia law.      


52-501 G. - Parking, storage, or use of boats and recreational vehicles.

No major recreational equipment such as boats, travel trailers, and recreational vehicles shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for such uses.

52-501 H. - Parking and storage of certain vehicles.

No automotive vehicles or trailers of any kind or type without current license plates and registrations shall be parked or stored on any residentially or commercially zoned property other than in completely enclosed buildings.

 52-502. - Permitted and Prohibited Uses.


52-502 A. - Permitted Land Use.

The Unified Development Code establishes uses based upon zoning district, as well as certain criteria related to design, infrastructure and other location criteria. See Article 7 for the establishment of zoning districts and associated uses permitted within districts, as identified by Table 52-703.

The determination whether a proposed use is proper in a given zoning district shall be made by the Zoning Administrator or City Administrator. Interpretations concerning the meaning of this Code may be important in a particular case. Persons should not expend money on project development until it has been determined in writing that the proposed use meets city regulations and policies regarding permitted and prohibited uses and criteria for special uses.


 

52-502 B. - Uses Prohibited.

1.      If either a use or class of use is not specifically indicated as being permitted in a zoning district, either as a matter of right, conditional use, or as a special use, then, such use, class of use, or structures for such use shall be permitted in the Heavy Industrial zoning district as a special use, if the special use is approved by city council.

2.      Uses that are not specifically indicated in a zoning district but resemble other permitted uses may be considered by Mayor and Council for approval.  Determination of whether such use clearly resembles other permitted uses shall be made based on (1) uses that share the same subcategory classification code in the North American Industry Classification System (NAICS) or other standardized coding for businesses and (2) whether the proposed use generates equal or less traffic or nuisance than similar uses which are indicated as permitted.


 

52-503. - Supplemental Regulations For Special Uses.


[52-503 A. - Reserved.]


52-503 B. - Home Occupations.

A home occupation is a use conducted within residential premises by a person or family residing therein, which customarily is considered an occupation for gain or profit. A home occupation shall be governed by the following requirements:

1.  Only residents of the dwelling shall be engaged in the home occupation;

2.  The home occupation shall be clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the building;

3.  No display of products shall be visible from the street;

4.  No more than 300 s.f. of the residence may be utilized for the home occupation;

5.  No external alterations inconsistent with the residential use of the building shall be permitted. If internal alterations are required they shall be permitted and meet all applicable building codes;

6.  The occupation shall not constitute a nuisance in the neighborhood;

7.  No outside storage shall be used in connection with the occupation;

8.  Vehicles used primarily as passenger vehicles only shall be permitted in connection with the conduct of the home occupation.  Only one business-related vehicle at the residence;

9.  There shall be no off-street or on-street parking for employees or customers.

10.   No equipment used in any commercial business such as landscaping equipment, lawn care, or machinery or materials associated with construction, grading, auto parts, or transportation/hauling shall be stored or parked on the property, with the following exceptions:

·         One Diesel road tractor is allowed on parcels which are at least 2 acres in size; and

·         Equipment may be stored on a trailer that measures no more than 25 feet in length or smaller. This shall be limited to one trailer per residence.

 

11. The following, including but not limited to, are uses that shall be considered home occupations: addressing service, artist, drafting, dressmaking, insurance agent, notary public, photographer, real estate agent, private consultant, on-line businesses, or any other home office consisting of a personal computer, fax machine, phone or any other accessory office equipment used to establish a home office, day care for no more than six children; licensed family day care home, provided such home is located in a single-family residential district;

12. All home occupations must have a current occupational tax certificate

13.  Is conducted entirely out-of-sight of neighboring properties within the principal building or customarily accessory structure;

14.  Is not visibly evident from outside the dwelling except for a sign no larger than one square foot in size; and

15.  Creates no disturbing or offensive noise, vibration, smoke, dust, odor, heat, glare, traffic hazard, parking problem, voltage fluctuation, radio or television interference, open storage of materials or stock, unhealthy or unsightly condition.

       Applications for a home occupation business shall be submitted to the city clerk. City council shall make a determination whether or not the impact of the business on the residential area requires a public hearing. If council requires a public hearing, the city clerk shall set a date for a public hearing by the city council. The notice for the public hearing shall be published in the legal organ of the county at least ten days in advance of the hearing.

52-503 C. - Kennels.

Because of the potential impact of noise and nuisance upon surrounding and adjacent properties, the following criteria apply for commercial kennels:

1.  A minimum lot size of three acres for kennels with no more than ten dogs at any one time

2.  A minimum lot size of five acres for kennels with 11 or more dogs at any one time. If a property is smaller than the minimum acreage, the conditional use cannot be approved. There shall also be minimum setback requirements from lot lines for structures and outdoor pens and runs which shall be determined by city council on a case by case review.

3.    Veterinarian offices that provide kennel services may board no more than 10 animals at a time, for no more than three days per stay.


 

52-503 D. - Day Care Standards.

1.  Family day care home standards. This family day care home standards section applies to all districts. Family day care is a home-based care provided for a portion of the day in a private family home for compensation.  The home must be inhabited by the family/individual that is providing care, and the provider’s hours of operation may not exceed eighteen (18) hours in a 24 hour period.  Each family day care home shall be subject to the following requirements, when located within a residential zoning district or residential dwelling:

a.  All regulated facilities shall comply with the state regulation and acquire applicable state licenses for operation.

b.  All facilities shall comply with the adopted Building Code for the State of Georgia.

c.  Each family day care home shall provide not less than 35 square feet of indoor play area for each child, based on maximum permissible enrollment.

d.  Each family day care home shall provide not less than 100 square feet of outdoor play area for each child, based on maximum permissible enrollment.

e.  All required outdoor play/recreation areas shall be enclosed by a fence or wall not less than six feet in height.

f.  The exterior appearance of any residential structure for which a family day care home is approved, shall be maintained as a residential structure and no signs larger than one square foot shall be erected, and no cut-outs, animals, characters, or other graphics shall be affixed to the exterior of the structure or displayed upon the premises.

g.  No family day care home shall be located within 1,500 feet of another day care facility.

h.  All facilities must by inspected by the City of Bloomingdale and provide a copy of all state licenses and documentation.

i.  All facilities must apply for and receive a City of Bloomingdale Business License.

2.  Group day care home standards. This group day care home standards section applies to all districts. Each group day care home shall be subject to the following requirements:

a.  All regulated facilities shall comply with the state regulation and acquire applicable state licenses for operation.

b.  All facilities shall comply with the adopted Building Code for the State of Georgia.

c.  Each child day care facility shall provide not less than 35 square feet of indoor play area for each child, based on maximum permissible enrollment.

d.  Each child day care facility shall provide not less than 100 square feet of outdoor play area for each child, based on maximum permissible enrollment.

e.  All required outdoor play/recreation areas shall be enclosed by a fence or wall not less than six feet in height.

f.  No day care facility shall be located within 1,500 feet of another day care facility.

g.  All facilities must be inspected by the City of Bloomingdale and provide a copy of all state licenses and documentation.

h.  All facilities must apply for and receive a City of Bloomingdale Business License.

52-503 E. - Personal Care, Boarding and Group Home.

Adult care facilities in the City of Bloomingdale are listed and defined into three major classes: family personal care homes, group personal care homes, and congregate personal care homes. The requirements for these uses are as follows:

(A)  Family personal care home. This use is limited to six or fewer persons including supervisory personnel and staff and must meet the following requirements:

(1)   Such use shall comply with all federal, state and local requirements.

(2)   The parking layout and design shall be characteristic of the neighborhood within which such use is located.

(3)   The use shall only be established in a building designed as a one- or two-family dwelling structure.

(4)   All required outdoor recreation areas shall be enclosed by a fence or wall not less than six feet in height.

(B)  Group and congregate personal care homes. This use allows around the clock operation. The following requirements apply to all personal care homes regardless of the zoning district for which they are located:

(1)   Such use shall provide the number of off-street parking spaces required by City of Bloomingdale regulations, off-street parking and off street unloading, plus safe and functional off-street patron pick-up and delivery spaces.

(2)   Visiting hours must be limited to hours of 6:30 a.m. until 9:00 p.m. when such use is located in a residential neighborhood.

(3)   Such use shall only be permitted on a lot which abuts and has vehicular access to a collector street, major arterial or secondary arterial. The City Council may waive this requirement if, on the basis of evidence presented, it finds that the traffic to be generated by a particular use can be accommodated on other streets without creating traffic congestion and traffic hazards to the neighborhood served by such streets.

(4)   The parking layout and design shall be characteristic of the neighborhood within which such use is located.

(5)   Where the use abuts a lot occupied by a one- or two-family dwelling, visual buffers shall be provided so as to shield all parking areas and outdoor activity areas from the abutting property. Such buffer shall consist of trees or other vegetation of such height and depth as determined by the City Council or of an appropriately designed fence or wall or a combination thereof as approved by City Council.

(6)  All required outdoor recreation areas shall be enclosed by a fence or wall not less than six feet in height.

(C)  The exterior appearance of any residential structure for which a personal care home, group home, or congregate care home is approved, shall be maintained as a residential structure and no signs larger than one square foot shall be erected.

(D)  The facilities must meet all regulations as identified in the adopted building and fire codes.

(E)  All facilities must apply for and be eligible for a City of Bloomingdale Business License.           

52-503 F. - Drive-Through Facilities (Eating Establishments Or Other).

Drive-through facilities and service windows shall be located in a manner to avoid conflict with pedestrian traffic.


52-503 G. - Gas Station, Car Washes and Automobile Services.

Operations such as pumps, vacuum stations and finishing for such services may be located to the rear, side, or front of the structure on the site.


52-503 H. - Cemeteries.

The construction of all new cemeteries shall be subject to the following requirements:

1.  The lot shall be a minimum of five acres in area;

2.  No crematorium or dwelling, other than a single-family dwelling for a caretaker, shall be permitted;

3.  No building or gravesite shall be located within 25 feet of any adjacent property boundary;

4.  The lot shall have direct access to an arterial or major collector road.


 

52-504. - Accessory Uses and Structures; Temporary Uses.


52-504 A.

Accessory uses (swimming pools, outdoor play structures or play sets), structures, (garages, storage buildings, etc.) or any accessory structure on residential lots shall not be located in the front setback.  Within a rear yard, an accessory building on a residential lot shall be located at least 10 feet from all property lines, except in the case of corner lots, accessory buildings shall be set back from the property line a distance equal to the front yard setback established for the zoning district on both streets. All accessory structures 500 square feet or more shall be constructed of the same building material as the principal dwelling unless city council allows other building material based on the building material used to construct accessory structures located in the same area.


52-504 B.

Accessory structures on non-residential lots shall not be permitted in the front yard and must comply with the side and rear-yard setback requirements established for the zoning district in which such accessory buildings or uses are located. Accessory structures on non-residential lots shall be finished using materials comparable to the principal structure.


52-504 C.

The location of all accessory buildings used for storage or non-residential purposes must comply with all building setback requirements of this chapter, including all building setback and all other provisions of this section as follows:

(A)  Accessory buildings are allowed in rear and side setback areas, if located not less than 10 feet from any corresponding lot line.

(B)  Must be located behind the front of the primary structure.

(C)  Must meet all applicable setback and building area requirements.

(D)  A building permit is required for all accessory structures to any commercial or industrial building or development.

(E)   All accessory buildings over 500 square feet in residential districts must meet all applicable building codes and permits.

(1)   The total square footage of all accessory buildings on a lot that is less than one acre shall not exceed more than 50 percent of the square footage of the principal structure on the lot unless allowed by city council.

(2)   The total square footage of all accessory buildings on a lot that is one to three acres shall not exceed more than 100 percent of the square footage of the principal structure on the lot.

(3)   The total square footage of all accessory buildings on a lot that is more than three acres shall not exceed more than five percent of the square footage of the lot unless allowed by city council.

(4)   Any accessory building over 500 square feet shall adhere to the site plan approval process.

(E)   No detached accessory building shall be more than 20 feet in height unless allowed by city council.

(G)  Temporary use of accessory structures. An approved re-locatable structure may be used for a temporary office for use on a commercial or industrial construction site provided the following criteria are met and a permit is issued by the City of Bloomingdale:

(1)   At no time shall the re-locatable structure be used for living purposes.

(2)   The re-locatable structure must connect to the city's water and sewer system if the structure has restroom and/or water facilities installed; a well and/or septic system may be installed if city services are not available and if approved by city council.  Also, plumbing and electrical services must be approved by the City of Bloomingdale prior to occupying the premises.

(3)   Said re-locatable structure shall be removed from the site within 15 days after completion of the project.

(4)   If work stops on said project for more than 120 days, structure shall be removed within 15 days.

(5)   The re-locatable structure is not allowed on a site for more than 12 months.

(6)   A temporary structure utilized as a sales office must meet the requirements of the latest edition of the Georgia Accessibility Code. 

 (7)  For good cause shown, the City of Bloomingdale Mayor and Council may extend the termination date for a temporary structure.

52-504 D.

Permitted accessory uses and structures include the following:

1.       Private garage;

2.       Pool houses and guest houses

3.       Storage structure for equipment and supplies in maintaining the principal dwelling and grounds;

3.  Private swimming pool, which shall be enclosed by a fence a minimum height of four feet;

4.  Decks, patios, gazebos, grills or similar facilities;

5.  Private tennis court, basketball court, volleyball court or similar outdoor sport facility, provided that lights are not used which would in any way be a nuisance to neighbors or the community;

6.  Non-commercial garden, greenhouse, or similar structure;

7.  Pump and well houses for on-site irrigation and potable water;

9.  Ground-based satellite dish antennas shall be placed in a side or rear yard only and shall be a minimum of five feet from all property lines.


52-504 E.

 Reserved.

 


52-504 F.

Permanent sales or displays of goods for sale are allowed in the commercial district as long as it is contained within the parcel in which the principal business structure holding the sales event is situated and is limited to goods normally used in the outdoors. Outside sales of goods not meeting the above regulations are prohibited, unless permitted in accordance with *** Article 5, Section 504 F.


52-505. - Nonconforming Uses and Structures.


52-505 A.

A legal non-conforming structure may not be enlarged or extended unless a special use permit is issued in accordance with *** Section 406. A legal non-conforming structure may be maintained, repaired or structurally altered, under permit, in accordance with all pertinent building codes and ordinances. Failure to maintain a non-conforming structure in minimal compliance with applicable codes and ordinances, such that the general condition of the structure constitutes dilapidation or significant disrepair, shall create a rebuttable presumption of the owner or occupier's intent to abandon the non-conforming structure. Revocation of a structure's certificate of occupancy for a period in excess of one year shall also evidence the owner or occupier's intent to abandon the non-conforming structure.


52-505 B.

A legal non-conforming use, in active existence on the effective date of this ordinance, may be continued without interference until such time as the property owner or occupier intentionally relinquishes their right to maintain such use, as evidenced by an overt act, or failure to act, sufficient to support a finding of such intent. For purposes of this ordinance, discontinuance of the use for a period of one year or more shall create a rebuttable presumption of the owner or occupier's intent to abandon the non-conforming use. A legal, non-conforming use may not be enlarged or expanded to a less restrictive use (i.e. residential to commercial) unless a special use permit is issued in accordance with *** Article 4 of this ordinance.


52-505 C.

Discontinuance of a legal non-conforming use or structure following its destruction by fire or other natural hazard shall not evidence intent to abandon if the owner applies for a permit to rebuild the structure or otherwise reactivate the use, within six months of the occurrence; provided, however, this period may be extended for an additional six months by the City Administrator, but not to exceed a total of one year from the date of the occurrence, if the owner demonstrates substantial progress, time, effort and money in renovation of the structure.


52-505 D.

It shall be the objective of the city that whenever feasible, legal non-conforming uses and structures be rendered conforming through the issuance of special use permits in accordance with *** Section 406. Conditions imposed on such permits shall be designed to upgrade the impact of the use or structure on adjacent or nearby properties and uses permitted by the zoning classification.


52-505 E.

Where the Zoning Administrator determines a use or structure was rendered non-conforming by the adoption of this ordinance or any amendment thereto, they shall notify the property owner, in writing, that the use or structure constitutes a legal non-conforming use or legal non-conforming structure and inform the owner of the consequences of the abandonment of such use or structure under the provisions of this ordinance. An owner may appeal the determination of the Zoning Administrator to the Mayor and City Council.


52-505 F.

Notwithstanding any other provision of this ordinance, any existing non-conforming use or structure which was illegal under any prior zoning ordinance shall continue to be an illegal non-conforming use or structure under this ordinance unless the use or structure is expressly permitted by this ordinance and meets all criteria for a permitted use or structure within its assigned zoning classification. Illegal non-conforming uses and structures are hereby declared to be a public nuisance, subject to abatement in accordance the Nuisance Ordinances of Bloomingdale, Georgia.


52-506 - Conditional Uses.

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Conditional uses, as listed in Table 52-703, are declared to possess characteristics which require certain controls in order to insure compatibility with other uses in the district within which they are proposed for location.

52-506 - A.

            A use which is called a "special exception" that would not be appropriate generally or without restriction throughout a zoning district but which, if controlled as to number, area, location,  relation to the neighborhood, or other conditions would not be injurious to the public health, safety, welfare, morals, order, comfort, convenience, appearance, or general welfare. Such uses may be permitted only in zoning districts listed in Table 52- 703, upon conditional use permits being granted by the city council.

52-506 - B.  

            Conditional uses are potential compatible uses of land or the improvement of structures within a zoning district that reasonably require special consideration. All proposed special uses of property shall follow procedures for 52 - 404 C., D., and E., and public hearing proceedings 52 – 408.

52-506 – C.  The application for a Condition Use shall be accompanied by detailed plans showing exact lot size; location and size of buildings; structure or improvements to be placed on site; the specific use of each building, structure, property or part thereof; detailed arrangement of required parking spaces; location of means of ingress and egress and, when necessary, topographical information to indicate status of the complete site. The same detailed information shall be required where existing structures are to be used or altered under the terms of this Development Code.

52-506 – D. Consideration of use effect.

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Before the issuance of a conditional use permit, Mayor and Council shall make a decision regarding the effect of a conditional use or building upon the character of the neighborhood (in which it is proposed for location), traffic conditions, public utility facilities and other matters pertaining to the public health, safety and general welfare. Other factors to be considered and remediated are as follows:

(a) The special exception or conditional use will not be injurious to the use and enjoyment of the environment or of other property in relation to cost of servicing or maintaining neighboring properties;

(b) The proposed conditional use will not increase local or state expenditures in relation to cost of servicing or maintaining neighboring properties;

(c) The establishment of the conditional use will not impede the normal and orderly development of surrounding property for uses predominant in the area; and

(d) The location and character of the proposed conditional use as considered shall be consistent with a desirable pattern of development for the locality in general.

52-506 – E. Conditional use restrictions and conditions.

 

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In addition to the conditional use requirements provided in this article and in district regulations and where deemed necessary by the Mayor and Council to permit the proposed use to be in harmony with the existing development and other matters essential to the public interest, health and welfare, the Mayor and Council may require as part of its approval, certain other performance or design considerations including, but not limited to the following:

 

(a) Planted or wooden screen buffers, to include berms, to reduce adverse or potentially adverse effects on adjoining properties.

 

(b) The location, design or limitation of street access ways, parking areas and loading docks.

 

(c) Increases in the district requirements for lot size and building line setbacks, but not a reduction of these requirements.

 

(d) The rearrangement of structures on the development site.

 

(e) Limitations on the hours of business operation when the proposed operational times would cause adverse effect on adjoining existing uses.

 

(f) Specified distances from existing residential, public or institutional developments.

 

(g) Public safety requirements.

 

(h) Light illumination restrictions.

 

(i) Noise restrictions.

 

(j) Restrictions protecting the air, soil, and ground water.

 

Must comply with all requirements that are required in the zoning district where the conditional use is approved.  

 

 

52-507 Temporary Zoning Uses.

Temporary uses. The city administrator is authorized to issue a temporary certificate of zoning compliance for temporary uses, as follows:

(a) Carnival, circus, rodeo, or fair, for a period not to exceed 21 days.

(b) Religious or worship meeting in a tent or other temporary structure in C-2, LI, AR, R-A, and R-1 districts, for a period not to exceed 60 days.

(c) Open lot sale of Christmas trees, fruit and vegetables and other harvested products in the R-A, RA-1, R-1, C-1, C-2, and LI districts for a period not to exceed 45 days.

(d) Real estate sales office, in any district, for a period not to exceed one year, provided no cooking or sleeping accommodations are maintained in the structure.

(e) Contractor's office and equipment sheds, in any district, for a period of one year, provided that such office is placed on the property to which it is appurtenant.

(f) All temporary certificates of zoning compliance may be renewed provided that it is determined that said use is clearly of a temporary nature, will not increase traffic congestion and will not create a nuisance to surrounding uses.
ARTICLE 6. - SITE DESIGN AND ARCHITECTURAL STANDARDS


52-601. - Yards and Streetscape.


52-601 A. - Permitted Modification Of Front Yard Setback Requirements.

When a building is proposed on a lot, and when on either or both lots which adjoin such lot at the street right-of-way there exists a principal building which does not conform to the setback requirements of this ordinance, the required setback for such building shall be as follows: (1) where only one said adjoining lot contains a principal building with a non-conforming setback, the setback shall be the computed average of the normal setback requirements with the non-conforming setback; or (2) where both adjoining lots contain a principal building each with a non-conforming setback, the minimum setback shall be the computed average of the two non-conforming setbacks.


52-601 B. - Lots With Multiple Frontage: Side and Front Yards.

Front yard building setback requirements shall apply to all corner lots and yards having multiple road frontage. One of the other lot sides must conform to the minimum side yard setback, and one lot side must conform to the minimum rear yard setback.


52-601 C. - Permitted Encroachments of Yards and Setbacks.

Architectural features such as cornices, eaves, steps, gutters, porches, decks and fire escapes may project not more than three feet beyond any required setback line, except where such projections would obstruct driveways used for access to service and/or emergency vehicles. For service stations, motels, restaurants, medical offices, churches and similar commercial uses, which serve the motoring public, canopies shall be allowed over a driveway or walkway within the front yard setback, not to exceed a point further than 5 feet beyond the setback but not any closer than five feet from the right-of-way or property line.


52-602. - Location of Loading Docks (Rear or Side).

Loading docks and dumpsters shall not be visible from a public street and located within the rear yard or side yard with sufficient screening material to meet the intent of this Code.   


52-603. - Interparcel Connectivity Requirement.

Nonresidential and mixed-use parcels shall provide interparcel connectivity with adjacent nonresidential and/or mixed-use parcels, unless topographic or other design constraints can be demonstrated.


 

52-604. - Buffers, Landscaping, And Open Space.


52-604 A. - Screening Required.

Whenever a buffer or screening is required by this ordinance, sufficient opacity by a fence shall be provided in conjunction with vegetation to create a visual blind aesthetically compatible with the character of adjoining properties. A solid fence constructed of vinyl or wood; or a decorative wall shall be provided.

The buffer requirements.

In order to provide adequate protective screening for residential districts near or abutting non-residential areas or more intensive residential uses, the following regulations shall apply to all new commercial, industrial, and multi-family residential development:

 

Single-family Residential

Multi-family

Residential

Office Professional

General Commercial

Industrial

Agricultural

Manufactured

Housing

Single-family Residential

NA

25 ft w/

berm

25 ft w/

berm

25 ft w/

berm

50 ft w/

25 ft berm

20 ft

25 ft w/

berm

Multi-family Residential

25 ft w/

Vegetative

berm

NA

20 ft

vegetative

20 ft

vegetative

50 ft w/

25 ft berm

20 ft

20 ft

Office Professional

25 ft w/

Vegetative

berm

20 ft w/

Vegetative buffer

NA

20 ft

vegetative

50 ft w/

25 ft berm

20 ft

vegetative

20 ft

Vegetative

General Commercial

25 ft w/

Vegetative

berm

20 ft w/

Vegetative

buffer

20 ft

Vegetative

buffer

NA

50 ft

Vegetative

25 ft berm

20 ft

vegetative

20 ft

Vegetative

Industrial

50 ft

25 ft, berm

50 ft w/

25 ft. berm

50 ft w/

25 ft. berm

50 ft

Vegetative

buffer

NA

50 ft w/

25 ft berm

50 ft w/

25 ft berm

Agricultural

20 ft

20 ft w/

Vegetative

buffer

20 ft w/

Vegetative

buffer

20 ft

Vegetative

buffer

50 ft w/

25 ft. berm

NA

20 ft

Manufactured Housing

25 ft w/

Vegetative

berm

20 ft w/

Vegetative

buffer

20 ft w/

Vegetative

buffer

20 ft

Vegetative

buffer

50 ft w/

25 ft. berm

20 ft

Vegetative berm

NA

 

 (A) Where a commercial, industrial, or multi-family district abuts directly upon a residentially zoned district, a landscaped greenbelt shall be provided and properly maintained by the property owner along its entire length by the users of the non-residential property. Such greenbelt shall be planted with evergreens, flowering trees, ornamental trees, or any combination of the same not set further than ten feet apart at any given point along the greenbelt. An approved 8 foot privacy fence shall be required in the buffer area, in addition to the landscape buffer, unless waived by Mayor and Council.

(B)  The area beneath and between the planted trees shall be well-kept lawn free of foreign debris. All landscaping shall be maintained in a healthy growing condition, neat and orderly in appearance.

(C)  All planting plans shall be submitted during the site plan review process for approval of the planting materials and arrangement thereof in accordance with the provisions of this chapter.

(D)  In no case shall a grease trap, garbage dumpsters, containers, or cans be placed within the buffer area abutting a residential land use.

(E)  Berms for industrial properties shall be 50 feet wide and 25 feet high and constructed along all boundaries, and industrial projects shall have berms 50 feet wide and 25 feet high along all public streets or roads. 

·         All remaining berms shall be at least 20 feet wide and 10 feet high, and shall be heavily landscaped.

                   Upon request and after consideration of the information presented with the request, city council                   may modify or change the requirements listed in this section.

(E)   If there is an existing, 20 ft landscaped buffer to the adjacent property and it meets or exceeds the existing regulations, Mayor and Council may approve the existing buffer for the project.   

a.  The buffer shall consist of a stand of trees of such variety that an average height of at least six feet can be expected by normal growth within no more than two years from the time of planting.

c.  Plant materials in such planted buffers shall consist of 50 percent evergreen and established undisturbed natural buffers shall be retained.


52-604 B. - Screening Of Dumpsters.

Dumpsters shall have three-sided 8-foot enclosure of brick, stucco or other material compatible with principle structure primary facade.


52-604 C. - Screening of Outdoor Storage.

Where outdoor storage is allowed, screening shall be provided with decorative fencing and plantings.


52-604 D. - Open Space Not To Be Encroached Upon.

No open spaces shall be encroached upon or reduced in any manner except in conformity to the yard, setback, off-street parking spaces and such other regulations required by this ordinance for the district in which such building is located. Shrubbery, driveways, retaining walls, fences, curbs and planted buffer strips shall not be considered encroachments of yards.


52-604 E. - Required open space may not be used by another building.

No part of any yard, other open space, off-street parking or loading space required or in connection with any building, structure or use by this ordinance shall be considered to be part of a required yard or other open space or off-street parking or loading space for any other building structure or use.


52-604 F. - Encroachment into open space or on public rights-of-way.

1.  No open space shall be encroached upon or reduced in any manner except in conformity to the yard setback, off-street parking spaces and such other regulations required by this ordinance for the district in which such building is located. Shrubbery, driveways, retaining walls, fences, curbs and planted buffer strip shall be construed not to be encroachments of open spaces.

2.  No privately owned building, service area, required off-street parking and/or loading facility other than driveways, access walkways and mailboxes shall be permitted within a public right-of-way. Signs and other structures belonging to the State of Georgia, City of Bloomingdale, or Chatham County or for the purposes of railroad or private utility use are exempt from this provision.


52-605. - Manufactured and Industrialized Buildings.

This ordinance is not intended to discriminate against modular or industrialized buildings in favor of conventionally constructed structures. All structures erected or located within the City of Bloomingdale shall be constructed, erected or installed on a permanent foundation and meet the physical requirements of the zoning district in which it is constructed including, but not limited to, setbacks, minimum square footage, etc.

1.  Where a modular or industrialized building (residential, commercial or industrial) is to be installed, the unit must bear the insignia of the Georgia Department of Community Affairs (DCA) or the Southern Building Code Congress International (ICC). All such structures shall be affixed to the foundation in accordance with minimum standards of the certifying agency. All manufactured housing shall be considered for ad valorem tax purposes as real property. All such modular and industrialized buildings shall meet the following standards:

a.  The pitch of the roof shall have a minimum vertical rise of six feet for each 12 feet of horizontal run; and shall be finished with a type of shingle commonly used in conventional residential construction;

b.  The exterior siding of the structure shall consist of wood, hardboard, vinyl, brick, or masonry comparable in composition, appearance and durability to the exterior siding commonly used in conventional residential construction;

c.  A curtain wall, not pierced except for required ventilation and access and constructed of masonry, shall be installed so it encloses the area under the manufactured home to the ground level;

d.  The tongue, axles, transporting lights and towing apparatus are removed after placement on the lot and before a certificate of occupancy is issued;

e.  All modular homes shall be installed in accordance with O.C.G.A. §§ 8-2-110—8-2-121 et seq., of the Official Code of Georgia Annotated.

 

52-605 B. - Residential In-Fill Regulations.

3.  Design standards. The following design standards shall control construction regulated by this section:

a.  Architectural style. Notwithstanding other provisions of this ordinance regulating lot size, lot width, yard setbacks or other development standards, residential in-fill development shall conform to the maximum extent practicable with existing residential development in the neighborhood. Such conformance shall include but not be limited to, adherence to existing architectural style, as much as practicable, building height and scale, roof pitch, siding materials, dwelling size and setbacks.

b.  Maximum floor area. The maximum enclosed floor area of any building regulated by this section shall not exceed 200 percent of either (a) the minimum floor area of the zoning district in which the lot is located, as indicated in Table 1 below, or (b) the average enclosed floor area of all single family detached dwellings on the same street as the proposed building within 400 linear feet of the nearest corner of such lot, in both directions, based upon floor areas as they exist on the date of adoption of this article. The maximum enclosed floor area for corner lots shall be determined as stated above, except that the average enclosed floor area of all single family detached dwellings on both streets as the proposed building shall be used. For purposes of this subsection, applicants need only comply with one of the foregoing options. For additions, this limitation shall apply to the entire building based on the sum of the amount of existing square footage and the amount of proposed additional square footage.

c.  Minimum floor area . The minimum enclosed floor area of a dwelling shall not be less than 750 square feet, unless allowed by Bloomingdale City Council.

Table 1

District

Minimum Floor Area
(Square Feet)

Minimum Floor Area Two Story
(Square Feet)

Maximum Floor Area
(Square Feet)

R-1

1,600

1,050

3,600

R-2

1,500

950

3,200

R-3

1,520

900

3,000

 

d.  Building height. Maximum building height shall not exceed 50 feet and shall be subject to the further provisions of this section. Building height shall be the highest point along a roof or highest ridgeline, as measured from the average, natural, undisturbed, adjacent grade as it exists on the date of enactment of this ordinance.

e.  Consistent building setbacks. On building lots for which the front yard setback of single family detached dwellings on the two adjoining lots on the same block face is less than that required for that zoning district, the average setback of the four adjoining dwellings on the same block face shall be used to determine the minimum setback applicable to the lot proposed for development. In no case shall the front yard setback be less than ten feet as measured from the front property boundary.

f.  Roof pitch. Minimum roof pitch shall be consistent with the roof pitch of single family detached dwellings on the same street as the proposed building within 400 linear feet of the nearest corner of such lot, in both directions. Any building to be built on a corner lot must be consistent with single family detached dwellings on both streets of the proposed building.

g.  Building materials. Siding materials shall be natural wood, or an approved masonry product, as long as such product does not destroy the design standards of the neighborhood. Cementitious siding (such as "Hardiplank") and vinyl siding may be used to replace wood or asbestos panel siding. Pre-fabricated metal buildings, synthetic stucco, exterior insulation and finish systems, other materials found to be other than durable products are specifically prohibited.

h.  Application. Applicants proposing development regulated under this section shall submit a site plan, architectural plans or other documentation sufficient for illustrating the architectural style, exterior finishing materials, enclosed floor area, building height, building setback and roof pitch of the proposed construction and all appropriate certifications required by this section.

i.  Review process. All applications shall be subject to review as outlined in *** Article 4 Submittal Requirements for all Building, Development and Zoning Applicants.

j.  Zoning conflicts. Whenever the provisions of this section require development which would exceed building standards for the zoning district in which the lot is located, and such increased building standards cannot be accommodated while maintaining yard or setback requirements under applicable district standards, the requirements of this section shall be followed only to the maximum extent possible in conformity with applicable yard or setback requirements unless such yard or setback requirements are reduced by the grant of a variance.

k.  Reconstruction of damaged buildings. The rebuilding of a building damaged by fire, wind, flooding or other causes may be accomplished to the same specifications as the original building without regard to any limitations imposed by this section, as long as such reconstruction does not violate local zoning laws.

4.  Whenever the provisions of this section require construction on a lot that renders conformance to the side yard impractical, the requirements of this section governing the size of the structure and compatibility of the structure shall control.


 


52-605 C. - Violations and Penalties.

Any person intentionally violating any of the provisions of this ordinance shall be subject to citation before the Municipal Court, and upon conviction punished in the manner provided by the Code of Bloomingdale, Georgia, Section 1-11. Each day's continuance of a violation shall be considered a separate offense.

The owner of any building, premises or parts thereof, where anything in violation of this ordinance shall be constructed, placed or shall exist and any builder, architect, contractor or agent of the owner who knowingly assists in the violation may be cited for separate offenses. Any person in possession or control of a building or structure in which a use in violation of this ordinance is found to exist or is being exercised may be cited for a separate offense.


52-605 D. - General Architectural Design Standards.

The intent of this section is to provide minimum aesthetic standards for exterior architectural design for all new construction.

1.  Residential:

a.  All new single-family residential dwelling construction shall be sodded and stabilized on the front and side yards, and at least 10 feet from the house in the rear yard.

b.  All new residential construction air conditioning units and HVAC systems shall be thoroughly screened from view from the public right-of-way and from adjacent properties by utilizing landscaping or fencing.

c.  All exterior finish elevations that front along a public right-of-way of all new single-family residential dwellings shall be constructed of brick, stone, wood, stucco, vinyl, or cement board.

d.  All residential subdivision developments shall include 10 percent greenspace, which shall be landscaped and accessible by all residents of the development; this space shall not include required fenced stormwater management areas.   

2.  Commercial:

a.  All new commercial developments’ air conditioning units and HVAC systems shall be thoroughly screened from view from the public right-of-way and adjacent properties by utilizing walls, fencing, roof elements, or landscaping.

b.  The exterior finish of all elevations visible from a public street for all new structures shall be constructed of brick, stucco, cement board, glass and metal, decorative block or similar brand application of similar durable architectural materials. Awning materials shall be limited to canvas or metal.

c.  All solid waste containers shall be screened from all public streets and adjoining properties in an enclosure comparable to the architecture of the primary structure.

3.  Industrial:

a.  All new industrial developments' air conditioning units and HVAC systems shall be thoroughly screened from view from the public right-of-way and adjacent properties by utilizing walls, fencing, roof elements, or landscaping.

b.  The exterior finish of all elevations visible from a public street and/or adjacent properties, for all new structures, shall be constructed of brick, stucco, cement board, glass and decorative metal, tilt up decorative concrete, decorative block or similar brand application of similar durable architectural materials. Awning materials shall be limited to canvas or metal.

c.  All solid waste containers shall be screened from all public streets and adjoining properties in an enclosure comparable to the architecture of the primary structure.

4.  Institutional:

a.  All new institutional developments' air conditioning units and HVAC systems shall be thoroughly screened from view from the public right-of-way and adjacent properties by utilizing walls, fencing, roof elements, or landscaping.

b.  The exterior finish of all elevations visible from a public street for all new structures shall be constructed of brick, stucco, cement board, glass, decorative block or similar brand application of similar durable architectural materials. Awning materials shall be limited to canvas or metal.

c.  All solid waste containers shall be screened from all public streets and adjoining properties in an enclosure comparable to the architecture of the primary structure.

5.  Multi-Family:

a.  All new multi-family developments' air conditioning units and HVAC systems shall be thoroughly screened from view from the public right-of-way and adjacent properties by utilizing walls, fencing, roof elements, or landscaping.

b.  The exterior finish of all elevations visible from a public street and/or adjacent properties, for all new structures, shall be constructed of brick, stone, stucco, or cement board; vinyl can be utilized in eaves and soffit areas only.

c.  All solid waste containers shall be screened from all public streets and adjoining properties in an enclosure comparable to the architecture of the primary structure.

52-605 G. – Commercial, Retail, and Industrial Sites Reuse Agreement.

1.  Applicability. The standards of this section apply to all commercial and industrial sites that have buildings with more than 9,999 square feet of gross floor area (in aggregate).

2.  Development agreement. Prior to the issuance of building permits, the property owner must enter into a development agreement with the city. The agreement must include at least the following:

a.  Provisions preventing the property owner from prohibiting or otherwise limiting, through contract or other legal device, the reuse of the building for retail or other uses allowed in the subject zoning district.

b.  Provisions requiring long-term maintenance of the property if the building is vacated.

c.  Provisions requiring the preparation of an adaptive reuse plan and/or a demolition plan acceptable to the city.

d.  Other provisions deemed necessary by the city to address the particular circumstances related to the project.

 

52-606. - Regulations of Fences.


52-606 A. - Chain Link Fences.

In all zoning districts, chain link or other woven wire fences are prohibited in a front yard.


52-606 B. - Fences.

1.    Intent. This section is intended to promote the general health, safety and welfare of the residents of the city by regulating the height, location, design, construction and maintenance of fences within the city limits.

2.    Definitions. For purposes of administering this section, the following interpretations and definitions shall apply; words and terms not explicitly defined in this section shall have the meanings given in *** Article 2, Interpretations and Definitions, and words and terms not explicitly defined in this section or in *** Article 2, Interpretations and Definitions shall have the meanings given by common use.

a.    Fence. A structure serving as an enclosure, a barrier, or a boundary, usually made of posts or stakes joined together by boards, wire or rails.

b.    Fence height. The vertical dimension from the natural ground level to the top of the fence measured at any point along the length of the fence.

c.    Natural ground level. The level of the ground prior to any recent manmade changes in the elevation of the ground. For purposes of administering this section, "natural ground level" shall also include the level of the ground established on any site plan or landscape plan approved in accordance with the city's review process for site plans and subdivision plats.

d.    Yard, front. An unoccupied area extending the full width of the lot located between the front line and the front yard setback line.

3.    General standards, Residential.

a.       No fence located in a front yard shall exceed four feet in height above the ground level on property.

b.      No fence located in the rear yard shall exceed eight feet in height above the adjoining residentially zoned ground level.

c.       No fence shall encroach into the public right-of-way or easements.

d.      Corner lots have two front yards and the same regulations and restrictions on fences in the front yard apply to the yard areas adjacent to both streets.

e.       Materials used for fences in the front yard must be ornamental in design and constructed with materials such as brick, masonry, picket or split rail. Materials shall not restrict the view through such fence by more than 50 percent of the total barrier as viewed from the street.

f.       It shall be the responsibility of the owner of the property on which a fence is located to maintain the fence in good and proper repair so that at all times it presents a neat and orderly appearance to surrounding property owners and to the general public.

g.       If fences are constructed of wood other than cypress or cedar, the fence surfaces shall be painted a neutral earth-tone color or stained. If a wooden fence has only one finished face, the finished side shall face the exterior property line.

h.      Electric aboveground fences shall be prohibited in residential zoning districts.

i.        All swimming pools shall be completely enclosed by a fence of at least three feet in height or a screen enclosure. Openings in the fence shall not permit the passage of a six-inch diameter sphere. The fence or screen enclosure shall be equipped with self-closing and self-latching gates. Walls and fences erected for the specific purpose of providing security for accessory recreational uses, such as swimming pools and tennis courts, may be ten feet in height provided such fence shall be set back at least one foot from the property line for each foot it exceeds six feet in height, and provided such accessory recreational use is located within a rear yard.

j.        No wall or fence may be constructed of exposed concrete block, tires, roofing tin, junk or other discarded materials.

4.    General standards, Commercial and Industrial.

a.       Whenever screening is required by this ordinance, a durable masonry wall, or fence and hedge of sufficient opacity to provide a visual blind designed to be compatible with the character of adjoining properties, shall be provided. Such fences and/or walls shall be at least six feet in height, but no greater than six feet in height for commercial and ten feet in height for industrial, measured from the ground along the common lot lines of the adjoining properties.

b.      Barbed wire or Concertina (razor) wire may only be used for security purposes in commercial and industrial zoning districts along the top (width can be no more than two feet) of a fence, if such fence is six feet or greater in height. Otherwise, barbed wire and concertina (razor) wire are prohibited.

c.       Corner lots have two front yards and the same regulations and restrictions on fences in the front yard apply to the yard areas adjacent to both streets.

d.      No wall or fence may be constructed of exposed concrete block, tires, roofing tin, junk or other discarded materials.

e.       If fences are constructed of wood other than cypress or cedar, the fence surfaces shall be painted a neutral earth-tone color or stained. If a wooden fence has only one finished face, the finished side shall face the exterior property line.

f.       All swimming pools shall be completely enclosed by a fence at least six feet in height. Openings in the fence shall not permit the passage of a six-inch diameter sphere. The fence enclosure shall be equipped with self-closing and self-latching gates. Walls and fences erected for the specific purpose of providing security for recreational uses, such as swimming pools and tennis courts, may be ten feet in height provided such fence shall be set back at least one foot from the property line for each foot it exceeds six feet in height, and provided such recreational use is located within a rear yard.

g.       If a fence is constructed of metal, the metal shall be of an ornamental or decorative type which has been approved by city council.

h.      Temporary fences. This section shall not prohibit the erection of temporary fences for construction sites or similar activities where approved by the zoning administrator for a specified period not to exceed 12 months.  

i.        It shall be the responsibility of the owner of the property on which a fence is located to maintain that fence in good and proper repair so that at all times it presents a neat and orderly appearance to surrounding property owners and to the general public.

5.    Permits. A building permit shall be required for the construction or alteration of any fence. Every application for a fence permit shall be on forms provided by the City and shall be accompanied by a nonrefundable fee as set forth in the schedule of fees and charges on file in the office of the city clerk. As a part of the permitting process, the Zoning Administrator shall review plans, issue permits, inspect installations, and secure compliance with the requirements of this section. All fences in the city must comply with the provisions of this section.

 

52-607. – Underground Utilities.

All new residential, commercial, and industrial developments and subdivisions are required to install underground utilities and implement decorative poles/streetlights in accordance with city policies unless waived by city council.
Article 7. - Zoning Districts

52-701. - Establishment of Districts.

In order to accomplish the purposes of this ordinance as stated in Article 1, the following zoning district classifications are established within the incorporated area of the City of Bloomingdale, Georgia:

Table 7.2 Zoning Districts and Abbreviations

52-705

RA

Agricultural

General farming, raising of farm animals and poultry, Single-family dwellings

52-706

RA-1

All uses in RA, plus recreation

All uses permitted in RA, plus churches, RV campgrounds, recreation parks (not to include amusements parks)

52-707

I

Institutional

Parks, recreation, public and private schools, hospitals, private day care centers, clinics, cemeteries, government buildings

52-708

R-1

One-family residential

Low-density single-family residential

52-709

R-2

One- and two-family residential

Medium-density, one- and two-family dwellings, R-1 uses

52-710

R-3

Multiple-unit residential

Medium- and high-density residential, multiple-family units, R-1 and R-2 uses

52-711

PUD

Planned Unit Development       includes                 (PRD, PCD, PID)

All planned combinations of residential family units, agricultural, group housing, commercial, office, industry, mobile homes, and institutional uses

52-714

O-C

Office - Commercial

professional commercial, public or semi-public use, related nonretail use

52-715

C-1

Central Business District

Shops, services and offices

52-716

C-2

General Commercial

Retail, wholesale, light storage and services, C-1 O-C, R-2, and R-1 uses

52-717

LI

Light Industrial

Heavy commercial, warehousing for retail under 8,000 sq. ft., small equipment repair

52-718

I-1

Intensive Industrial

Warehousing, container yards, heavy equipment maintenance and repair, chassis storage

52-719

I-2

Heavy Industrial

General manufacturing, junk yards

52-720

MHP

Mobile Home Park

Manufactured housing

 52-702. - Zoning To Apply When Lot Is Divided By District Boundary Line.

In the event that a district boundary line on the zoning map divides a lot of record held in one ownership on the date of passage of this ordinance, each part of the lot so divided shall be used in conformity with the regulations established by this ordinance for the district in which each such parcel is located. If the property owner or such a lot desires, he may extend the use allowed on the greatest portion of said lot beyond the district boundary line in accordance with setbacks and yard requirements for the district into which he is encroaching.


 

52-703. - Permitted Uses For All Zoning Districts.

Except for use provisions as specified by Article 5 and other sections pertaining to infrastructure criteria, location criteria and/or overlay regulations, Table 52-703 establishes permitted, conditional, and special uses for all zoning districts. See Article 5 regarding interpretations of uses.

 

52-703. LIST OF PERMISSIBLE AND CONDITIONAL USES

On the following table, an open circle “O” means that the use will be permitted in that district only if a conditional use permit is granted by city council. An “S” means that the use will only be permitted in that district if city council approves the use as a special use in that district. An “X” means that the use is permitted in the zone district subject to the general provisions of the zoning ordinance.  For uses not included on this list, where the Zoning Administrator is unable to determine placement, application shall be made to the Mayor and City Council for interpretation.

PERMISSIBLE, SPECIAL USES, AND CONDITIONAL USES

R-A

R-A1

I

R-1

R-2

R-3

OC

C-1

C-2

LI

I-1

I-2

P

U

D

(1)

Accessory Structures, Agricultural - See Accessory Uses

X

X

 

 

 

 

 

 

 

 

 

 

 

(2)

Accessory dwelling unit - See Accessory Uses

S

O

 

O

 

 

 

 

 

 

 

 

S

(3)

Accessory Uses and structures as provided in Section 504

S

S

 

S

S

 

 

 

 

 

 

 

S

(4)

Adult bookstore, movie rental, movie theater

 

 

 

 

S

S

 

Adult day care center

 

 

O

 

O

O

 

S

(5)

Adult entertainment facilities where adult entertainment is sponsored, allowed, encouraged, condoned, presented, sold or offered to members of the public over 18 years of age (Sec 52-722)

 

 

 

 

S

S

(6)

Advertising display, Associated manufacturing and sales

 

 

 

 

 

 

 

 

S

S

S

X

O

(7)

Aeronautical related uses

 

 

 

 

 

 

 

 

 

 

S

X

O

 

Agricultural produce stands

X

X

 

 

 

X

X

S

S

O

(8)

Agricultural, general

X

X

 

 

 

O

O

O

O

(9)

Agricultural, special

X

X

 

O

 

S

 

 

O

(10)

Airport related accessory uses

 

 

 

 

 

 

 

S

S

S

O

X

O

(11)

Ambulance service

S

S

S

S

S

S

S

S

X

X

X

X

O

(12)

Amusement or recreational activity carried on wholly within a building

S

 

 

 

X

X

X

X

O

(13)

Amusement Park

 

 

 

 

 

 

 

 

O

O

O

 

O

(14)

Animal hospital, veterinary clinic or animal boarding place

S

O

 

 

 

S

S

X

X

X

O

(15)

Animal hospital, veterinary clinic or animal boarding place (small animals/

short term)

S

O

 

S

 

 

X

X

X

X

X

O

(16)

Antique shops

 

 

 

X

X

O

O

(17)

Art shows, carnival rides, festivals, parades and special events of community interest

S

S

 

 

 

 

 

X

X

O

O

 

 

(18)

Assisted living, retirement center, and nursing home

 

 

S

 

 

X

 

S

S

S

 

 

O

(19)

Athletic field

O

O

S

S

 

O

 

S

S

O

O

O

O

(20)

Automobile repair

 

 

 

O

X

X

X

X

O

(21)

Automobile service station, including automobile washeteria/convenient store

S

S

 

S

O

 

O

X

X

X

X

O

(22)

Automotive Tire Dealers

 

 

 

 

 

 

 

O

X

X

X

X

O

(23)

Bakery

S

S

 

 

 

 

 

S

S

X

X

X

O

(24)

Banks and offices, including credit unions

 

 

O

O

X

X

X

X

X

O

(25)

Barbershop, beauty parlor

S

S

 

 

S

S

 

X

X

O

 

 

O

(26)

Bed & Breakfast

S

S

 

S

 

X

 

X

X

 

 

 

O

(27)

Bicycle and moped sales and service

 

 

 

X

X

X

O

(28)

Boarding home, group home, and personal care home having 5 or less persons

S

S

 

S

 

X

 

O

 

 

 

 

O

(29)

Boarding home, group home, and personal care home having 6 or more persons

 

 

 

 

 

X

 

O

 

 

 

 

O

(30)

Bowling alley

 

 

 

 

 

 

 

O

X

X

 

 

O

(31)

Brewery and Distilleries

S

S

 

 

 

 

 

O

X

X

X

X

O

(32)

Broadcasting studio (radio, TV)

 

 

 

 

 

 

 

X

X

X

X

X

O

(33)

Building, facility, or land for the distribution of utility services

S

S

 

S

 

 

 

S

S

O

X

X

O

(34)

Building facility or land for non-commercial park or non- industrial recreation; Thoroughfares; Open space, or Public body of water and similar purposes

S

S

S

 

 

 

 

 

 

O

O

O

O

(35)

Building, Facility, Land for Parking

 

 

 

 

 

 

S

S

S

O

X

X

O

(36)

Building, heating, plumbing or electrical contractors and related construction contractors

 

 

 

S

S

O

X

X

O

(37)

Building, heating, plumbing, electrical and related supplies and materials

 

 

 

S

O

X

X

O

(38)

Café, restaurant, supper club

 

 

 

 

 

 

 

X

X

X

O

 

O

 

Motor vehicle wash

 

 

 

 

 

 

 

O

O

X

X

X

O

(39)

Carnivals

S

S

 

 

 

 

 

S

O

O

O

 

 

(40)

Cemeteries and Crematorium

S

S

S

 

 

S

S

X

X

(41)

Central Trash Collection Dumpsters

S

 

 

 

 

 

 

 

 

 

X

X

 

(42)

Child care center

S

S

 

S

 

X

 

X

O

 

O

(43)

Churches and other places of worship

O

O

S

O

O

X

 

X

X

 

O

(44)

Clinics, medical and dental

 

 

S

 

 

 

 

X

X

O

 

 

O

(45)

Clothing stores and dry goods

 

 

 

X

X

 

O

(46)

Clubs or lodges

S

S

S

S

 

S

 

X

X

O

O

(47)

Cocktail lounges, nightclubs and taverns

 

 

 

S

X

X

S

S

O

(48)

Coin-operated games or devices

 

 

 

O

X

O

O

(49)

Community center

S

S

S

O

O

O

 

X

X

 

 

 

O

(50)

Commercial Kennel

S

S

 

 

 

 

 

S

X

X

O

 

 

(51)

Commercial recreation, Indoor

 

 

 

 

 

 

 

X

X

X

 

 

O

(52)

Commercial recreation, Outdoor

S

S

 

 

 

 

 

O

X

X

 

 

O

(53)

Commercial Trade or Vocational school

 

 

S

 

 

 

 

O

X

X

O

O

O

(54)

Community Garden

O

O

 

S

 

 

 

O

 

 

 

 

 

(55)

Condominium development created in accordance with the Georgia Condominium Act

 

S

S

X

 

 

O

(56)

Consumer Fireworks Retail Sales Facility or Store

 

 

 

 

 

 

 

O

X

X

 

 

 

(57)

Consumer Fireworks Retail Sales Stand

 

 

 

 

 

 

 

O

O

O

 

 

 

(58)

Container, trailer, chassis,  storage yard & repair, Diesel truck repair

 

 

 

S

X

X

O

(59)

Convenience Store with gasoline and diesel fuel

S

S

 

S

S

S

 

O

O

X

X

X

O

(60)

Convenience Store without gasoline or diesel fuel

S

S

 

S

S

S

 

X

X

X

X

X

O

(61)

Costumes and theatrical props rental businesses

 

 

 

X

X

X

O

(62)

Cultural facilities, including art galleries, legitimate theater, libraries and similar facilities

S

 

O