PETITION TO AMEND THE
ARTICLE 19.4 - USE PERMITS
2008Z -0018 SFC
Department of Environment and
Community Development
Recommendation
APPROVAL
Community Zoning Board
Recommendation
October 21, 2008
APPROVAL
PROPOSED AMENDMENT
To amend Article 19.4 - Use Permits of the Fulton
County Zoning Resolution to incorporate mandatory sewer connection and minimum
distance separations for specific uses.
STAFF ANALYSIS
The Board of
Commissioners directed staff to review current use permit standards with regard
to the appropriateness of adding mandatory sewer connection and minimum
distance separations to specific use permit standards. The Board's concern was
with use permits that involve the congregation of a number of individuals at a
single location and the environmental impact that this gathering would have if
the use were on a septic systems. The Board also was concerned with the
proliferation of similar uses in close proximity to each other in areas
throughout unincorporated
Staff met with
representatives of the Fulton County Health Department with regard to the
impacts of septic systems versus sewer connections when larger groups of
individuals congregate at a single location. The Health Department found no
negative environmental impact as long as the onsite septic system was properly
sized and maintained. The Health Department further has noted the “Design
limits for conventional or chamber systems for County Health Departments as
defined by Georgia Department of Natural Resources (DNR) are limited by size
and subsurface introduction of effluents. Onsite sewage management systems
having a septic tank capacity of greater than ten thousand (10,000) gallons, or
where the total length of absorption trenches required, would exceed three
thousand (3,000) linear feet, or where the total absorption trench bottom area
required would exceed nine thousand (9,000) square feet will be governed and
placed under the statutory authority and jurisdiction of the Department of
Natural Resources.” Staff also notes that during this time of exceptional
drought the benefits of public sewer over onsite septic have become clearer.
Given that the Health Department gave saw no direct negative environmental
impact of septic over sewer, Staff based their recommendations on the drought
related findings supporting sewer connection. Staff reviewed Article 19.4 for
those use permits which deal with the congregation of individuals in a limited
area and the probability of high water use and therefore wastewater production.
Staff recommends a mandatory connection to public sewer if sewer is available
by gravity flow within 1,000 feet of any amphitheater; church, temple or place
of worship; convalescent center, nursing home or hospice; commercial amusement
- outdoor; day care; group residence; group residence for children (5 to 8
children); group residence for children (9 to 15 children); lodge, retreat or
campground; medical related housing; personal care home/assisted living;
private correctional facility/prison; race track or school, private or special.
In regard to the proposed
distance separation between similar uses Staff again utilized the parameter of
people gathering at a single location. Staff is of the opinion that when
numbers of individuals gather at a single location there are both direct and
indirect impacts on the immediate surrounding area. These impacts range from
additional noise and traffic to visual pollution (signs, parking lots,
dumpsters etc.). In order to mitigate the impacts of specific uses on a single
area Staff recommends a distance separation between similar uses. In doing so
Staff acknowledges that the service level of the road on which the use has
frontage plays a large roll in how the use impacts the community as well as the
nature of the surrounding community. Given this Staff recommends a distance
separation as follows between amphitheaters; convalescent centers, nursing homes
or hospices; commercial amusement - outdoor; day cares; lodges, retreats or
campgrounds; medical related housing; personal care homes/assisted living or
schools, private or special.
|
Road
Functional Class* |
Distance
between uses |
|
Urban Principal Arterial |
None |
|
Urban Minor Arterial |
1,000 feet |
|
Urban |
½ Mile |
|
Urban |
½ Mile |
*Source: The Department of Transportation Division of Planning, Data, and
Intermodal Development Office of Transportation Data in cooperation with U.S.
Department of Transportation Federal Highway Administration as of 08/07/2007.
Staff further notes that
the current liquor licensing process requires a minimum distance separation
between churches and schools and those businesses licensed for on premises
consumption or wholesale/retail sale of liquor, wine and malt beverages. The
Fulton County Zoning Resolution requires schools, churches, temples and places
of worship to obtain an approved use permit prior to operation. Given that the
county requires a use permit for these uses, staff is of the opinion that it
would be prudent to require the same distance separation standard for these
uses from existing liquor, wine or malt beverage businesses. Staff recommends a
300-foot distance separation measured by the most direct route of travel on the
ground between a church building and any business that is licensed for the sale
or consumption of liquor, wine or malt beverages and a 600-foot distance
separation measured by the most direct route of travel on the ground between
the property line of a school and any business that is licensed for the sale or
consumption of liquor, wine and malt beverages; a 300-foot distance separation
from those businesses licensed for consumption or wholesale/retail sales of
wine and malt beverages only.
The following document
incorporates Staff's recommendations in Article 19.4 - Use Permits. All
proposed changes appear as highlighted text.
ARTICLE XIX
Amended 07/07/99 (Z97-60), 07/02/03 (2003Z -0048)
Section 19.4
Use Permits
19.4. MINIMUM USE PERMIT STANDARDS
19.4.1. ADULT BOOK STORE (Added 06/05/96, Amended 07/07/99, Amended 07/02/03)
INTENT AND FINDINGS
It is the intent of this article to regulate the place of operation of Adult Book Stores as defined in this Resolution. The Board of Commissioners finds, based upon an October, 1980, study by the Minnesota Crime Prevention Center, Inc., Minneapolis, Minnesota, entitled An Analysis of the Relationship Between Adult Entertainment Establishments, Crime, and Housing Values, that adult book stores are significantly related to diminishing market values of neighboring residential areas, that adult book stores should not be located in residential areas, and that adult book stores should be permitted only in locations that are at least 1/10 mile, or approximately 500 feet, from residential areas.
The Board further finds, based upon a June, 1978, study by the Division of Planning of the St. Paul, Minnesota, Department of Planning and Economic Development and the Community Crime Prevention Project of the Minnesota Crime Control Planning Board entitled Effects on Surrounding Area of Adult Entertainment Businesses in Saint Paul, that the presence of adult book stores correlates with a decreasing market value of neighboring residential areas, that adult book stores tend to locate in areas of poorer residential condition, tend to be followed by a relative worsening of the residential condition, and that more than two adult entertainment businesses in an immediate area is associated with a statistically significant decrease in residential property market value, and that such a concentration of adult entertainment businesses in a given area should be discouraged. The Board also finds that such worsening of residential conditions will adversely affect uses found in residential areas or in the proximity of residential areas, such as public recreational facilities, public or private institutional uses, churches, schools, universities, colleges, trade-schools, libraries, and day care centers.
The Board further finds, based upon a May 19, 1986, land use study conducted in Austin, Texas, that an adult book store within one block of a residential area decreases the market value of homes, that adult book stores are considered a sign of decline by lenders, making underwriters hesitant to approve the 90-95% financing many home buyers require, and that patrons of adult book stores tend to be from outside the immediate neighborhood in which the adult book store is located.
The Board
further finds, based upon a March 3, 1986, study conducted by the
The Board further finds that the proposed amendment to the zoning resolution regarding regulation of adult book stores has been carefully considered by a workgroup of County staff drawn from the areas of law enforcement, land use, land planning, and law; by the Community Zoning Board at public meetings where public comment was available; and by a committee of citizens with expertise in law, real estate, land use, and other disciplines, who have reviewed the amendment particularly with respect to its provisions relating to the effects of adult book stores on market values of residential and other property, and that the information gathered and results of this informal study support the need for these development standards.
This section is intended to be a carefully tailored regulation to minimize the adverse land use impacts caused by the undesirable secondary effects of adult bookstores, and the Board of Commissioners finds that restricting adult book stores to industrially zoned areas and imposing development standards can legitimately regulate adult book stores by establishing zones where adult book stores are most compatible with other uses or the surrounding neighborhood, and by requiring minimum distances to be maintained between adult bookstore uses and other uses so as to afford the most protection to residential uses.
It is not the intent of the Board of Commissioners, in enacting this amendment to the zoning resolution, to deny to any person rights to speech protected by the United States or Georgia Constitutions, nor is it the intent to impose any additional limitations or restrictions on the contents of any communicative materials, including sexually oriented films, videotapes, books, or other materials; further, in the adoption of this amendment to the zoning resolution, the Board of Commissioners does not intend to deny or restrict the rights of any adult to obtain or view any sexually oriented materials protected by the United States or Georgia Constitutions, nor does it intend to restrict or deny any constitutionally protected rights that distributors or exhibitors of such sexually oriented materials may have to sell, distribute, or exhibit such constitutionally protected materials; finally, in the enactment of this ordinance, the Board of Commissioners intends to adopt a content neutral measure to address the secondary effects of adult bookstores.
A. Required Districts: M-1 and M-2 (Industrial)
B. Standards:
1. All boundary lines of the property included within the use permit as filed must be located at least 1,000 feet from the properties listed below:
a. The property line of Suburban A, Suburban B, Suburban C, R-1, R-2, R-2A, R-3, R-3A, R-4A, R-4, R-5, R-5A, R-6, NUP, CUP, TR, A, A-L, AG-1 zoned property or property conditioned or used for residential purposes.
b. The property line of any public recreational facilities, public or private institutional uses, including but not limited to churches, schools, universities, colleges, trade-schools, libraries, day care centers and other training facilities where minors are the primary patrons.
2. The boundary line of the use permit must be located at least 1500 feet from the property line of any other adult entertainment establishment or adult book store.
3. Submit with the application for a Use Permit, a certified boundary survey by a licensed surveyor of the site and the property lines of surrounding properties identifying the use of properties at or within 1000 feet of the boundary lines of the subject property and adult entertainment establishments or adult bookstores within 1500 feet of the boundary line of the subject property.
4. If the adult book store is to be located in an existing structure where a Land Disturbance Permit is not required, an existing building permit review application must be filed and determined by the Environment and Community Development Department to be in compliance with the terms of this resolution prior to any occupancy.
5. Permitted curb cut access shall be from a major thoroughfare.
6. No depiction of anatomical areas or sexual activities specified in the definition of “adult entertainment” shall be visible from outside the structure or on signage outside the structure.
7. The minimum landscape areas required for the O-I zoning district as specified in Section 4.23 shall be required. Where buffers are required, the underlying zoning district buffer standards shall apply.
19.4.1. C. Permit Issuance (Added 07/02/03):
Notwithstanding the provisions of 19.2.3 and 19.2.4, any applicant meeting the above requirements and standards shall be entitled to the issuance of a use permit.
19.4.1. D. Permit Applications (Added 07/02/03):
Notwithstanding any other provision herein, any material omission or untrue or misleading information contained in or left out of an application for a use permit shall be grounds for denial of said permit.
19.4.1. E. Permit Processing (Added 07/02/03):
The County shall have 120 days (unless the application is suspended by failure of the applicant to provide data, information or records as reasonably requested by the County and required by this code, to complete the investigation) from receipt of a completed application for a use permit to make a decision in which to grant or deny a use permit. The Department of Environment and Community Development and Community Zoning Board shall make recommendations to the Board of Commissioners regarding the approval or denial of the use permit and the Board shall make the final decision after a public hearing regarding the same. In the event the Board of Commissioners has not granted or denied the application within 120 days (unless the application is suspended by failure of the applicant to provide data, information or records as reasonably requested by the County to complete the investigation), the use permit shall automatically issue.
19.4.1. F. Denial of Use Permit (Added 07/02/03):
In the event an
application for a use permit is denied by the Board of Commissioners, the
applicant shall be notified in writing of such denial within 10 business days
by U.S. Mail. A decision by the Board of
Commissioners regarding the denial of said permit is a final action; therefore,
any appeal of such decision shall be pursued by application for Writ of Certiorari
filed with the
19.4.1. G. Permit Application (Added 07/02/03):
Nothing in this section shall allow for the conducting or zoning of any business or entity which would otherwise be illegal.
19.4.2. ADULT
ENTERTAINMENT ESTABLISHMENTS
(Added 7/1/92, Amended 11/03/93, 07/07/99, 02/07/01, 07/02/03)
INTENT
It is the
intent of this Section to regulate the place and manner of the operation of
businesses or facilities that offer Adult Entertainment as defined in this
ordinance. It is well established and
has been the experience of other communities in
A. Required Districts: M-1 (Light Industrial) and M-2 (Heavy Industrial)
B. Standards:
1. All boundary lines of the property included within the use permit must be located at least 1,000 feet from the properties listed below:
a. The property line of Suburban A, Suburban B, Suburban C, R-1, R-2, R-2A, R-3, R-3A, R-4A, R-4, R-5, R-5A, R-6, NUP, CUP, TR, A, A-L, AG-1 zoned property or property conditioned or used for residential purposes.
b. The property line of any public recreational facilities, public or private institutional uses, including but not limited to churches, schools, universities, colleges, trade-schools, libraries, day care centers and other training facilities where minors are the primary patrons.
2. The boundary line of the Use Permit must be located at least 1500 feet from the property line of any other adult entertainment establishment or adult bookstore.
3. Submit with the application for a Use Permit, a certified boundary survey of the site and the property lines of surrounding properties identifying the use of properties at or within 1000 feet of the boundary lines of the subject property and adult entertainment establishments and/or adult bookstores within 1500 feet of the boundary line of the subject property.
4. No final Land Disturbance Permit, Building Permit, Certificate of Occupancy, or Building Permit Review Certificate may by issued until the approved Fulton County Adult Entertainment Business License is filed with the Director of the Environment and Community Development Department.
5. If the adult entertainment business is to be located in an existing structure where a Land Disturbance Permit is not required, an existing building permit review application must be filed and approved in the Environment and Community Development Department prior to any occupancy.
6. Building shall be located a minimum of 50 feet from all property lines.
7. Parking spaces at a ratio of 10 per 1000 gross square feet of floor space shall be provided.
8. Permitted curb cut access shall be directly from a major thoroughfare.
9. On-premise signs shall not display lewd or graphic depictions of body parts or acts which are defined in Article and Subsection 3.3.1.
10. No adult entertainment shall be visible from outside the structure.
11. The minimum landscape areas required for the O-I zoning district as specified in Section 4.23 shall be required. Where buffers are required, the underlying zoning district buffer standards shall apply.
19.4.2. C. Permit Issuance (Added 07/02/03):
Notwithstanding the provisions of 19.2.3 and 19.2.4, any applicant meeting the above requirements and standards shall be entitled to the issuance of a use permit.
19.4.2. D. Permit Applications (Added 07/02/03):
Notwithstanding any other provision herein, any material omission or untrue or misleading information contained in or left out of an application for a use permit shall be grounds for denial of said permit.
19.4.2. E. Permit Processing (Added 07/02/03):
The County shall have 120 days (unless the application is suspended by failure of the applicant to provide data, information or records as reasonably requested by the County and required by this code, to complete the investigation) from receipt of a completed application for a use permit to make a decision in which to grant or deny a use permit. The Department of Environment and Community Development and Community Zoning Board shall make recommendations to the Board of Commissioners regarding the approval or denial of the use permit and the Board shall make the final decision after a public hearing regarding the same. In the event the Board of Commissioners has not granted or denied the application within 120 days (unless the application is suspended by failure of the applicant to provide data, information or records as reasonably requested by the County to complete the investigation), the use permit shall automatically issue.
19.4.2. F. Denial of Use Permit (Added 07/02/03):
In the
event an application for a use permit is denied by the Board of Commissioners,
the applicant shall be notified in writing of such denial within 10 business
days by U.S. Mail. A decision by the
Board of Commissioners regarding the denial of said permit is a final action;
therefore, any appeal of such decision shall be pursued by application for Writ
of Certiorari filed with the
19.4.2. G. Permit Application (Added 07/02/03):
Nothing in this section shall allow for the conducting or zoning of any business or entity which would otherwise be illegal.
19.4.3. AGRICULTURAL-RELATED ACTIVITIES (Added 07/07/99)
INTENT
It is the intent of this Article to allow certain agricultural-related activities with a Use Permit in compliance with the development standards below to preserve the nature of agricultural areas. Such uses shall include, but not be limited to, petting zoo, educational tours, dude ranches, picnicking, and pay fishing.
A. Required District: AG-1
B. Standards:
1. Minimum lot size shall be 5 acres.
2. Permitted curb cut access shall not be from a local street.
3. Food services may be provided.
4. A minimum of 100-foot setback is required from all property lines for activity areas, including parking.
5. All structures housing animals shall be set back a minimum of 100-feet from all property lines.
6. All parking and access areas must be of an all weather surface per Article 18, Festivals, Outdoor.
7. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts and/or AG-1 districts used for single family.
8. Hours of operation shall commence no earlier than 6:00 a.m. and cease by 10:00 p.m.
9. If located adjacent to any residential district or an AG-1 district used for single family, the minimum buffers and landscape strips required for the O-I District as specified in Section 4.23 shall be required.
10. Sanitary facilities or trash receptacles shall be located a minimum of 100 feet from a property line of any residential district and/or AG-1 district used for single family.
19.4.4. AIRCRAFT LANDING AREA (Amended 3/6/91)
A. Required Districts: All
B. Standards:
1. For fixed wing aircraft, a 1,000 foot clear zone extending from the end of all runways shall be secured through ownership or easement, but in no case shall the end of a runway be closer than 200 feet from any property line.
2. For both fixed and rotary‑wing aircraft, neither the landing area nor any building, structure or navigational aid shall be located within 400 feet of a property line adjacent to any residential district and/or AG-1 district used for single family.
3. Landing areas for fixed wing and rotary wing aircraft shall be designed to comply with the Airport Design Guide of the Federal Aviation Administration.
4. If located within or adjacent to a residential district and/or AG-1 district used for single family, the hours of operation shall be limited to 7:00 a.m. to 11:00 p.m.
5. A Use Permit for an Aircraft Landing Area shall have no force and effect except for requesting a land disturbance permit prior to filing a satisfactory F.A.A. airspace analysis with the Director of the Environment and Community Development Department.
6. In accordance with Section 28.4.3.2., submit an Environmental Impact Report as required. (Amended 04/03/02)
19.4.5. AMATEUR RADIO ANTENNA TO EXCEED THE ADMINISTRATIVE PERMIT HEIGHT See also Administrative Permit 19.3.1(1). (Added 07/07/93)
INTENT
It is the intent of this Article to regulate the placement of amateur radio towers in a manner that does not impose on public health, safety, general welfare.
The following regulations on design, location, placement, and height limits of antennas in residential districts implements Fulton County's governmental interest in land planning, aesthetics and public safety by requiring the following Use Permit Standards:
A. Required Districts: All
B. Standards:
1. Antennas shall be located in the rear yard.
2. The request to exceed the height of 90 feet shall be accompanied by a written justification of its intent by the licensee. Under no circumstances shall an antenna exceed 200 feet in height.
3. All antennas shall be set back from the property line one-third the height of the antenna or the district setback requirements, whichever is greater. However, the antenna must be located a distance equal to or greater than the antenna height from the nearest residential dwelling, excluding the primary dwelling or structure which is located on the same lot as the antenna.
4. Antennas shall not be lighted.
5. All antennas must be constructed with an anti-climbing device.
6. Antennas shall be painted in a neutral color identical or closely compatible with surroundings.
7. All guy wires must be anchored on site and outside of right-of-way.
19.4.6. AMPHITHEATERS
A. Required Districts: AG-1, O-I, MIX, C-1, C-2, M-1A, M-1, and M-2
B. Standards:
1.
2. The stage shall be located a minimum of 600 feet from adjacent properties zoned for residential use and/ or AG-1 districts used for single family.
3. Permitted curb cut access shall be only from an arterial street.
4. A minimum 100‑foot buffer and 10-foot improvement setback shall be provided adjacent to residential districts, property zoned for residential use zoning or development or AG-1 districts when used for single family.
5. A minimum 50‑foot buffer and 10-foot improvement setback shall be provided adjacent to non‑residential districts zoning or development.
6. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at the property lines of adjacent residential districts and/or AG-1 districts used for single family.
7. Eight (8) foot high fencing shall be provided adjacent to properties zoned for residential use or AG-1 districts used for single family.
8. The hours of operation of the facility shall be limited to 8:00 a.m. to 11:00 p.m. when adjacent to properties zoned for residential use and/or AG-1 districts used for single family.
9. Facilities must be served by public sewer when gravity flow sewer is available within 1,000 feet of the property.
10. Provide per the following chart a
minimum distance separation between the nearest property line of the proposed amphitheater
and the nearest property line of an amphitheater with frontage on the same
road(s) as the proposed facility.
|
Road Functional Class* |
Distance Between Uses |
|
Urban
Principal Arterial |
None |
|
Urban Minor
Arterial |
1,000 ft. |
|
Urban |
½ mile |
|
Urban |
½ mile |
*Source: The Department of
Transportation Division of Planning, Data, and Intermodal Development Office of
Transportation Data in cooperation with U.S. Department of Transportation
Federal Highway Administration as of 08/07/2007.
19.4.7.
INTENT
Pursuant to Section
704(a) of the Federal Telecommunications Policy Act of 1996, it is not the
intent of this section to prohibit or have the effect of prohibiting the
provision of personal wireless services in unincorporated
It is the intent of this Section to address the aesthetic effect of telecommunication facilities on our landscapes, our citizens' demands for these services, and the needs of service providers.
The following regulations on design, location, placement, and height limits of antennas in residential and AG-1 zoned districts implements Fulton County's governmental interest in land planning, aesthetics and public safety by requiring the following Use Permit Standards:
A. Required Districts: Residential districts, MIX and AG‑1 (See same heading in Section 19.3., for other non-residential districts.)
B. Standards:
1. Towers must be set back a distance equal to one and one-half (1½) times the height of the tower adjacent to residential and/or AG-1 zoned property.
2. Height shall not exceed 200 feet from existing grade.
3. Tower and associated facilities shall be enclosed by fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device.
4. A minimum 10-foot landscape strip planted to buffer standards shall be required surrounding the facility exterior to the required fence unless the Fulton County Arborist determines that existing plant materials are adequate.
5. Antennas or towers shall not have lights unless required by federal or state law.
6. Towers shall not be located within one-half mile from any existing telecommunication tower above the district height, excluding alternative structures.
7. The tower shall comply with applicable state and local statutes and ordinances, including, but not limited to, building and safety codes. Towers which have become unsafe or dilapidated shall be repaired or removed pursuant to applicable state and local statutes and ordinances.
8. Facilities shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration (FAA).
9. Communication towers shall be designed and constructed to ensure that the structural failure or collapse of the tower will not create a safety hazard to adjoining properties, according to applicable Federal Standards which may be amended from time to time.
10. Telecommunications facilities shall not be used for advertising purposes and shall not contain any signs for the purpose of advertising.
11. Any telecommunications facility may co-locate on any existing tower, pole or other structure as long as there is no increase in height to the existing facility.
12. A commercial telecommunication facility that ceases operation for a period of 12 consecutive months shall be determined to have terminated and shall be removed within 90 days of termination at the property owner's expense. It shall be the duty of both the property owner and the tower owner to notify the county in writing of any intent to abandon the use of the tower.
13. Communication facilities not requiring FAA painting/marking shall have either a galvanized finish or [be] painted a dull blue, gray, or black finish or shall be screened through fencing and landscaping.
14 An application for a telecommunications facility shall be submitted in accordance with the Department's Plan Review submittal requirements.
15. An application for a telecommunication facility shall include a certification from a registered engineer that the structure will meet the applicable design standards for wind loads.
16. Communications facilities shall not be located in 100-year flood plain or delineated wetlands.
19.4.8. BED AND
BREAKFAST (Added 06/01/94)
A. Required Districts: AG-1 (Agricultural), R-6, and TR (Townhouse Residential)
B. Standards:
1. A minimum of 2 guest rooms and a maximum of 5 guest rooms are permitted.
2. No parking in the minimum front yard.
3. The bed & breakfast shall be owner occupied.
4. Permitted curb cut access shall not be from a local street.
5. The minimum landscape and buffer areas hall be required as specified in Section 4.23 for AG-1 Agricultural District.
6. Parking requirements shall be the same as hotel/motel as specified in Article 18.
7. Identification or advertising signs shall be limited to 4 square feet in surface area and 4 feet in height.
19.4.9. CEMETERY AND/OR MAUSOLEUM (Human or Pet)
A. Required Districts: All
B. Standards:
1. Permitted curb cut access shall be only from a major thoroughfare, unless in conjunction with a place of worship.
2. No building shall be located within 50 feet of a residential district and/or AG-1 district used for single family.