Duluth › Unified Development Code
Article 3 — Restrictions on Particular Uses
§ 301
City and County Approvals That Are Required
All city and county approvals that are required for the use of land and structures and for the location and operation of businesses and industries shall be obtained by the applicant and transmitted with the request for a building permit, an occupancy permit, a zoning amendment, a planned unit development, a special use, or a variance. Except as otherwise required by state law, no local action shall be taken, and no public hearings shall be held until the above-required approvals have been obtained by the applicant.
§ 302
Additional Code and Licensing Requirements
All land uses, buildings, and businesses must comply with all applicable provisions of the Code of Ordinances of the City of Duluth, Georgia.
§ 303
Outdoor Lighting Standards
303.01. Applicability
a.Outdoor lighting installations which are employed for nighttime area illumination of parking lots, car sales lots, yards, roadways, streets, driveways, walkways, bikeways, cartways, entryways, and similar areas or lots; and
b.Outdoor lighting installations which are located on any property in any zoning district within the City of Duluth except for the following:
1.Public buildings, City of Duluth public parks, including during community events/gatherings, sports, recreational or special occasion activities and related activities.
2.CBD District.
3.Temporary lighting installations which include, but are not limited to, seasonal or holiday displays, carnivals, community fairs, sales/promotional display with approved temporary use permits.
4.Street lights along public road rights-of-way and approved private streets.
303.02. Use of Cutoff Luminaires Required
a.All luminaires employed in outdoor area lighting installations shall be the cutoff luminaire type.
b.The candlepower distribution classification of the luminaire as a cutoff type shall be in accordance with ANSI/IES Lighting Definitions and The IES Lighting Handbook. The manufacturer of the luminaire shall provide certification of the cutoff classification based on photometric testing performed in accordance with the IES Lighting Handbook and the applicable testing procedures referenced herein. The requirement for the use of cutoff luminaire types shall include, but not limited to, the following outdoor area and roadway lighting configurations:
1.Pole mounted luminaires.
2.Luminaires mounted on the exterior of the buildings and structures.
3.Pedestal or bollard mounted luminaires.
c.Cutoff luminaires shall be mounted plumb and level in accordance with the intended application of their design. For the purposes of this Code Section, the photometric nadir of the luminaire (zero degree vertical angle of the candlepower distribution) shall be oriented plumb and the vertical angle of 90 degrees above nadir (horizontal) shall be oriented level. Cutoff luminaires shall not be installed in a canted or tilted position, which permits candlepower distribution above the horizontal.
d.Exceptions.
1.Luminaires, which do not meet the strict definition for cutoff luminaires yet employ advanced or alternative technology which causes the photometric performance to approach that of cutoff luminaires, shall be approved by the Planning and Development Director on a case-by-case basis.
2.Luminaires with a total initial output of 10,000 lumens or less shall be permitted for decorative, accent, or supplementary lighting applications provided that glare shields are incorporated which cut off the candlepower distribution at and above the horizontal level.
e.Use of Glare Shields Required for Non-Cutoff Luminaire Types.
Where non-cutoff luminaires such as floodlights are used to meet the lighting objectives for outdoor sports and recreational lighting, the luminaires shall be equipped with glare shields, visors, protectors and similar shielding accessories as required to meet the criteria in this Section. Illustrative Example of
303.03. Maximum Maintained Illuminance Level Glare Shield
The maximum maintained illuminance levels permitted at the property line(s) during the nighttime, produced by the sum of all outdoor area lighting installations on said property, shall be at grade in Horizontal Footcandles or Horizontal Lux according to Table 3 A.
a.Exceptions.
1.By written agreement between the respective property owners, an outdoor lighting installation on one property may illuminate area or roadways on adjacent properties beyond the property line. In such a case, a lighting easement must be submitted to the City and recorded with Clerk of Courts of Gwinnett County.
2.This requirement does not apply to outdoor roadway lighting installations intended for the nighttime illumination of public roadways, streets, highways, alleys, cartways, and the like.
3.At designated vehicular, cyclist, and pedestrian entries/exits between properties and public roadways, streets, highways, alleys, cartways, and the like; provided that the excepted area of illumination (maintained illuminance levels at grade higher than permitted in Table 3-A is limited remedial action.
Table 3-A: Maximum Allowed Maintained Illuminance Levels Produced by Outdoor Area Lighting
| Outdoor Area Lighting Installation | ||
|---|---|---|
| Maximum Maintained Illuminance Level Allowed at Property | ||
| Line (At Grade) | ||
| Measured in Horizontal | ||
| Measured in Horizontal Lux | ||
| Footcandles | ||
| Located on property and property line adjoins a public roadway or public right of way | 0.5 | 5.4 |
| Located on property and property line adjoins a non- residential property | 0.2 | 2.2 |
| Located on property and property line adjoins a residential property | 0.1 | 1.1 |
Table 3-A.
| Outdoor Area Lighting Installation | ||
|---|---|---|
| Maximum Maintained Illuminance Level Allowed at Property | ||
| Line (At Grade) | ||
| Measured in Horizontal | ||
| Measured in Horizontal Lux | ||
| Footcandles | ||
| Located on property and property line adjoins a public roadway or public right of way | 0.5 | 5.4 |
| Located on property and property line adjoins a non- residential property | 0.2 | 2.2 |
| Located on property and property line adjoins a residential property | 0.1 | 1.1 |
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§ 304
Standards for Single-Family Detached and Single-Family Attached
Dwellings All single-family detached dwellings and single-family attached dwellings shall meet or exceed the following requirements in order to be constructed or assembled within the City of Duluth with the exception of dwellings constructed in the Central Business District (CBD) or the Downtown Overlay District (DOD) which shall be governed by Section 204.16.
304.01. Overhangs and Breezeways
a.Overhangs may project into a required setback a maximum of 4 feet (with administrative variance approval), but in no case into a road right-of-way or closer than 10 feet roof line to roofline to another building. Examples of overhangs include balconies, decks, eaves, stoops, cantilever walls, bay windows or other appurtenances as determined by the Planning and Development Director.
b.Breezeways. Shall apply to single-family detached only.
1.Shall be located to the rear or side of the principal structure. (Note: Structures being attached via breezeway must conform to Principal Building Setbacks).
2.Width of a breezeway roof structure shall not exceed eight feet between structure supports.
3.Breezeway height is limited to 12’.
4.Breezeway length is limited to 20’ to be considered part of the principal structure. (Note:
anything beyond 20’ would fall under Accessory Structure (203.05).
5.The breezeway must match the roof construction of the principal building.
6.The breezeway must have a finished, at grade, surface of concrete or asphalt paving.
7.In no case shall there be more than (1) breezeway attached to the principal building. A variance must be requested to allow an additional breezeway to the property.
304.02. Fences and Freestanding Walls
a.Maximum Height Limitations. No wall or fence shall exceed 8 feet in height within a side yard or rear yard.
No wall or fence shall exceed 4 feet in height within a front yard.
b.Retaining Walls.
1.Retaining walls shall be constructed of interlocking masonry block, brick or other decorative material as approved by the Planning and Development Director.
2.Timber walls are prohibited.
3.Walls shall meet all City design standards and must be included in site development plans.
4.All walls exceeding 3’11” in height shall require a separate review and permit.
c.Design Standards for Decorative Fences. Fences within the required front yard must meet the following specifications and conditions:
1.The maximum height shall be 4 feet within a front yard or 8 feet in height in the balance of the yard. The Director of Planning can grant an administrative exception allowing for up to a 5 feet high decorative fence within the required front yard. (Note: No fence shall be allowed to obstruct site distances at any time. If there is any site distance obstruction due to fence height, said fence shall be pushed back toward the principal structure until said site distance is no longer obstructed).
2.Fence shall be constructed with natural wood, simulated wood, brick columns or decorative ornamental iron only.
3.The distance between the pickets must be a minimum of 2 Illustrative Examples of inches. 3-Feet High Decorative Fences
4.The color of the fence must be natural wood colors, neutral colors such as white, beige, ivory, cream off-white, or black, dark green wrought iron or the same color as the facade of the principal structure on the property.
5.Solid panel or privacy fences are not allowed within the required front yard.
6.Electric fencing is prohibited, with the exception that invisible fencing used to contain domestic animals on the property is allowed.
d.All fences shall be maintained in a structurally sound condition, in good repair, and free from loose, missing, or rotting materials. If painted, the paint on such fences shall be maintained without peeling, chipping, or fading. Fences shall be kept clean and free of visible mold, mildew, or algae growths.
304.03 Carports as Required Covered Parking
a.Required building materials must be predominantly the same materials as the primary structure. Carports predominantly made of metal are prohibited.
b.Must be for two cars or greater with a minimum width of 20’.
c.If detached from the primary structure, the carport must be on the side or the rear of the primary structure and meet accessory building setbacks as stated in 203.05.
d.If attached to the primary structure, the carport is allowed beyond the front plain of the primary structure; however, it must meet the same setbacks as the primary structure as stated in Table 2-B: Area Regulations by Zoning District.
304.03. Single-Family Attached (Townhomes)
a.There shall be a minimum of three units and a maximum of eight units per building of attached townhome units.
b.No dwelling shall be situated as to face the rear of another dwelling structure within the development or on adjoining properties, unless differences in terrain and elevation would provide effective visual separation.
c.No more than two contiguous dwellings that form a part of a single building shall have the same setback or roof line. Said setback and roof line shall be varied by a minimum of two feet.
d.Required building materials are brick, stone, and/or natural wood or Cement-based Artificial Wood Siding (Hardi-Plank/Board) siding.
e.Material or color changes should occur at a change of plane.
f.Private, usable open space, such as balconies, sundecks, patios, etc., shall be provided contiguously to each dwelling unit. The area of such open space provided for each unit shall not be less than 10 percent of the floor area of the unit served. The location and number of square feet shall be clearly indicated on the site plan.
g.For fee-simple townhouses, each lot shall have a minimum area of 1,800 square feet. This requirement may be waived by the Department of Planning and Development for zero lot line townhomes, provided that the developer includes a provision in the Covenants, Conditions and Restrictions for the project that clearly describes the maintenance and access of all Private Space common areas, streets, alleys and driveways.
h.Each lot shall have a minimum width of twenty-two (22) feet.
i.Building coverage shall not exceed 80% of any lot. This requirement may be waived by the Department of Planning Covered Parking and Development for zero lot line townhomes.
j.The minimum heated floor area for a townhouse unit shall be 2,200 square feet. Illustrative examples of private,
k.Townhouse buildings shall be separated by a minimum of usable space per townhome unit and twenty (20) feet. Architectural features may be allowed to covered parking (see also the Parking extend into the building separation requirement. and Loading Requirements Article).
§ 305
Standards for Multi-Family Dwellings
All multi-family dwellings located in any zoning district must comply with the requirements of this Section.
305.01. Apartments
a.Required building materials are brick, stone, high quality stucco and/or natural wood or Cement-based Artificial Wood Siding (Hardi-Plank/Board) siding.
b.Apartment buildings shall be constructed to condominium standards per applicable building codes and state standards. Requirements include, but are not limited to:
1.Installing an individual water meter for each unit;
2.Installing independent electrical power metering and internal cabling (internet, TV, phone) for each unit; and
3.Soundproofing common walls by means of construction techniques or air gaps.
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§ 306
Standards for Nonresidential Uses
All new construction and alterations of buildings within commercial and industrial zoning districts, other than the CBD zoning district, shall meet the requirements of this Section.
306.01. Intent
The intent of these standards is to achieve high quality non-residential development that utilizes a common palette of attractive, durable building materials and, as such, enhances the visual appeal of the community. The following design standards are intended to, over time, establish a streetscape and image that makes the City of Duluth unique to other surrounding jurisdictions, establishes a unifying theme, presents the traveling public with a sense of arrival, is harmonious with its surroundings, is aesthetically pleasing, and enhances the character of the community.
306.02. Alternate Standards
a.These standards are intended to be followed as outlined below. In the event the intent of these standards can be achieved with minor deviations that do not substantially affect the purpose and intent of this Section, the Planning and Development Director has the authority to modify the specific provisions on a case-by-case basis.
b.If substantial modifications or changes are desired for a particular property or project, the property owner may present proposed modifications to the Planning Commission for review. Any application for alternate architectural design standards shall be accompanied by proposed elevations, building material descriptions and renderings necessary for the Planning Commission to make a determination whether the alternate proposal meets the intent of these standards. The Planning Commission, as part of the approval process, may include conditions, modifications or requirements deemed necessary to maintain the high level of development quality intended by this Code Section.
306.03. Allowed Building Materials
a.The following building materials may be used and combined in accordance with this Code Section, including Table 3-B:
natural slate, natural terracotta, natural wood shake, copper, or factory finished sheet metal.
c.Roof pitches that create overly prominent or uncommon buildings (e.g. A-frames or geodesic domes) are prohibited.
d.Flat roofs shall have parapets or cornice features.
e.Flat roof materials shall be any material that meets local codes. Exposed metal flashing shall be copper or factory finished sheet metal; if used as a standing seam, the color must blend with adjacent materials or be a color to simulate weathered copper or bronze.
f.Rooftop equipment shall be screened by building elements (such as a parapet wall) rather than through add-on screening (such as wood or metal slats).
306.06. Placement of Exterior Equipment
a.Ground mounted mechanical, HVAC and similar equipment shall be screened on all sides by dense landscaping or walls constructed of the principal material of the building and located so as not to be visible from the public right-of-way and adjacent properties.
b.Roof mounted mechanical units or utility equipment shall be screened from the public right-of-way and adjacent property. The method of screening shall be integrated with the structure in terms of its architectural form, materials, color, shape and size.
306.07. Dumpster Enclosures
a.Dumpsters shall be screened on all sides with a minimum 6-feet high opaque wall in materials substantially similar in appearance to the building on site, except for the access opening. Pedestrian and vehicle access shall be screened by an opaque operable gate of the same height as the wall.
b.Dumpsters shall not be located in the front or side yards and shall be screened from sight of adjacent lots and streets.
c.Dumpsters shall be placed on a concrete pad with sufficient strength to support service vehicles.
d.All components of the enclosure shall be maintained in good working conditions including doors and latches if applicable.
306.08. Fences and Freestanding Walls
a.Fencing shall be allowed in the side or rear yard in all zoning districts.
b.No fence shall exceed 8 feet in height.
c.Fencing may be constructed of natural wood, simulated wood, brick, stone, iron, aluminum or vinyl coated chain link.
d.Solid metal sheathing, electric fencing, and barbed wire or similar materials shall be prohibited.
e.Fencing shall be allowed in the front yard in M-1 and M-2 industrial zoning districts subject to the following additional standards:
1.All front yard fences shall be setback a minimum of five feet (5’) from the property lines.
2.Fences shall be decorative in nature and constructed of iron or aluminum panels with brick or stone columns every thirty feet (30’) minimum.
3.All points of vehicular ingress and egress must maintain adequate sight distance for each driveway that approaches a street. The minimum corner sight distance from the approaching street shall be equal to or exceed 10 times the regulated speed of the intersecting street, as measured from the center of the approaching street in both directions along the right-of-way line of the intersected street.
4.A five foot (5’) landscape strip, planted in accordance with Article 7 of this code, shall be required directly outside of the fence.
f.Retaining Walls.
5.Retaining walls shall be constructed of interlocking masonry block, brick or other decorative material as approved by the Planning and Development Director.
6.Timber walls are prohibited.
7.Walls shall meet all City design standards and must be included in site development plans.
8.All walls exceeding 3’11” in height shall require a separate review and permit.
Division II. Restrictions That Apply to Specific Uses
Table 3-B: Allowed Building Materials
| Building Materials | Zoning District | |||||
|---|---|---|---|---|---|---|
| O-N, C-1 | C-2, HC-Retail, HC- | M-1, M-2 | Institutional Uses* | |||
| Auto, and O-I | Where Allowed | |||||
| Brick | Yes | Yes | Yes | Yes | ||
| Stone | Yes | Yes | Yes | Yes | ||
| Glass Panels | No | Yes | Yes | No | ||
| Tilt/Precast Concrete | No | No | Yes | No | ||
| CMU/Split-Face Block Front/Side Rear | No Yes | No Yes | Yes Yes | Yes Yes | ||
| Concrete Block Front/Side Rear | No Yes | No Yes | No Yes | No Yes | ||
| Stucco Front/Side Rear | Max. 25% Max. 50% | Max. 25% Max. 50% | No No | Max. 25% Max. 50% | ||
| EIFS Front/Side Rear | Max. 25% Max. 50% | Max. 25% Max. 50% | No No | Max. 25% Max. 50% | ||
| Siding Front/Side Rear | Max. 25% Max. 50% | Max. 25% Max. 50% | No No | Max. 25% Max. 50% |
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§ 307
Administrative, Financial and Professional Offices
Special use approval is required to locate on the ground floor of a building in the CBD zoning district except in free standing, multi-story buildings with a minimum of 15,000 square feet of heated floor area.
§ 308
Adult Entertainment
An adult entertainment establishment shall be subject to the location requirements and all other rules and requirements of the City of Duluth Code of Ordinances, Adult Entertainment Ordinance as well as all other current and future pertinent local, state, and federal ordinances.
§ 309
Alcoholic Beverage Sales
An establishment that sells alcoholic beverages shall be subject to the location requirements and all other rules and requirements of the City of Duluth Code of Ordinances, Alcoholic Beverage Consumption, Licensing and Regulations, as well as all other current and future pertinent local, state, and federal ordinances.
§ 310
Animal Production
a.No structure housing poultry or other livestock shall be located closer than 200 feet to any property line.
b.For the keeping of bees, bee hives and associated structures must be 10’ from any interior property line and 20’ from any rear property line. No bee hives or associated structures are allowed within an exterior side yard or front yard.
§ 311
Arts, Entertainment and Recreation
Special use approval is required for arts, entertainment and recreation uses that exceed 3,500 square feet in the CBD zoning district.
§ 312
Automotive Car Washes
Approval by Gwinnett County is required for an automotive car wash as either a principal or accessory use. All new commercial conveyor car washes must install operational recycled water systems. A minimum of 50% of water utilized will be recycled.
§ 313
Automotive Repair and Maintenance
a.Outdoor storage, including inoperable vehicles, shall not be allowed.
b.Automotive repairs shall be conducted inside the principal building.
c.Automotive bays shall not face street frontage.
d.All parking and loading areas shall be screened from the road with a 3 foot high land-scaped berm (maximum 2:1 slope) and a 10 foot landscape strip in accordance with the standards of the Landscaping, Buffers and Tree Protection Article of this Development Code. See also the Parking Lot Design, Screening, and Location Section in the Parking and Loading Requirements Article of this Development Code.
§ 314
Bulk Storage Tanks
Any above ground storage area shall be no closer than 500 feet to a residential district and is subject to approval by the Gwinnett County Fire Department.
§ 315
Cemeteries
Any new cemetery shall meet the following requirements:
a.A cemetery may front only a major thoroughfare, collector street or state highway. The entrance and exits to it shall be only from the street on which it fronts.
b.A cemetery shall be bordered by a 10 foot wide buffer strip along all of its exterior property lines not bordering the front yard. The buffer strip shall be planted with evergreen trees or shrubs that grow at least 8 feet tall and provide an effective visual screen.
c.A cemetery shall be included in a preliminary subdivision plat that has been approved by the Planning and Development Director.
§ 316
Cigar, Tobacco and Other Smoker’s Supply Stores
Special use approval is required for Cigar, Tobacco and Other Smoker’s Supply Stores within C-2 (General Business District).
Distance Requirements are as follows:
1.200 yards from any daycare or school (Public or Private)
2.500 yards from another Cigar, Tobacco and Other Smoker’s Supply Store Distance shall be measured by a straight line without regard to intervening structures or objects, from the front door of the cigar, tobacco and other smoker’s supply store to the closest point on a boundary line of any parcels containing a daycare, school (public or private) or a Cigar, Tobacco and Other Smoker’s Supply Store.
§ 317
Commercial Services
Special use approval is required for commercial services businesses that exceed 3,500 square feet in the CBD zoning district.
§ 318
Continuing Care Retirement Community
a.The residential portions of the development provide for a density of no greater than eight units per acre.
b.Before development permits are issued for any residential portion of the development which proposes to sell units in fee simple, the declaration of covenants for the development shall be provided to and reviewed by the City prior to said declaration of covenants being recorded in the public records and prior to any building permit being issued. Said covenants shall, as a minimum, establish provisions for maintenance of all streets, recreational areas, yards and other common facilities, any requirements for a mandatory homeowners’ association, buy back provisions or other similar restrictions or obligations placed on owner.
c.Approval of the development may be conditioned to a specific site plan and any substantial change or variation in said site plan shall be treated as an amendment of the zoning and must be considered in accordance with the procedures set forth in the Procedures and Permits Article of this Development Code.
d.All future development on the property shall conform to the standards adopted for the district, regardless of any change in ownership.
e.If one of the services provided takes the form of independent living facilities, the percentage of units devoted to such independent living facilities shall not exceed 60 percent.
§ 319
Day Care Facility
319.01. Child and Group Day Care Centers
Playground equipment visible from a public road must be screened from view using a solid wood fence a minimum of 6 feet in height or a combination of chain link fence and landscaping, or berm, or shall otherwise conform to state requirements.
319.02. Family Day Care Homes
a.The outdoor play area shall be enclosed on all sides to a height of at least 4 feet by a fence.
b.The principal building of such use shall meet the lot size and setback requirements of the district in which it is located.
§ 320
Dry Cleaning Services
Pick-up and delivery areas shall not exceed 2,500 square feet of total floor area.
§ 321
Electric Power Transmission Substations (Transformer Stations)
a.The site shall be a minimum size of 2 acres.
b.Structures are placed not less than 50 feet from any property line.
c.The structures are enclosed by a woven fence of wire at least 8 feet high or enclosed as approved by the City of Duluth.
d.The lots are suitably landscaped, including a buffer strip at least 10 feet wide along the side and rear property lines, but not extending into the required front yard and planted with evergreen trees and shrubs that grow at least 8 feet tall and prove an effective visual screen.
e.No vehicles or equipment are to be stored on the premises.
§ 322
Forestry and Logging
322.01. Notice Requirement for Tree Harvesting; Bond Requirement
a.All persons or firms harvesting standing timber in any area within the corporate limits of the city for delivery as pulpwood, logs, poles, or wood chips to any wood yard or processing plant located inside or outside the state shall provide notice of such harvesting operations to the Planning and Development Director prior to cutting any such timber;
b.Prior written notice shall be required of any person or firm harvesting such timber for each separate tract to be harvested thereby, and shall be in such form as prescribed by rule or regulation of the director of the state forestry commission, and shall consist of:
1.A map of the area which identifies the location of the tract to be harvested and, as to those trucks which will be traveling to and from such tract for purposes of picking up and hauling loads of cut forest products, the main point of ingress to such tract from a public road and, if different, the main point of egress from such tract to a public road;
2.A statement as to whether the timber will be removed pursuant to a lump sum sale, per unit sale, or owner harvest for purposes of ad valorem taxation under the O.C.G.A. § 48-5-7.5;
3.The name, address, and daytime telephone number of the timber seller if the harvest is pursuant to a lump sum or per unit sale or of the timber owner if the harvest is an owner harvest; and
4.The name, business address, business telephone number, and nighttime or emergency telephone number of the person or firm harvesting such timber;
c.Written notice may be submitted in person, by mail, or through the online submission portal.
d.Any persons or firms subject to such notice requirement specified within this Section shall deliver a valid surety bond to the city in the amount of five thousand dollars ($5,000.00), executed by a surety corporation authorized to transact business in this state, protecting the city, as applicable, against any damage caused by such person or firm as a result of such harvesting. A valid irrevocable letter of credit issued by a bank or savings and loan association, as defined in O.C.G.A. § 7-1-4 in the amount of the required bond may be provided in lieu of the bond. For purposes of this subsection, any such surety bond shall be valid only for the calendar year in which delivered;
e.Notice shall be effective for such harvesting operation on such tract within the city upon receipt of the same by the Planning and Development Director and compliance with the requirements of subsection (d) of this Section and until such time as the person or firm giving such notice has completed the harvesting operation for such tract; provided, however, that any subsequent change in the facts required to be provided for purposes of such notice shall be reported to the Planning and Development Director within three business days after such change;
f.Upon receipt by the Planning and Development Director of the notice required by this Section regarding timber-harvesting operations to be conducted in whole or in part within the corporate limits of the city, the Planning and Development Director shall transmit a copy of such notice to the governing authority of Gwinnett County;
g.Violation of the notice requirements of this Section shall be punishable by a fine of five hundred dollars ($500.00). Such violation shall be cited by the Planning and Development Director or other authorized agent of the city and shall be under the jurisdiction of the city municipal court;
h.Any person or firm harvesting standing timber therein for delivery as pulpwood, logs, poles, posts, or wood chips to any wood yard or processing plant located inside or outside this state shall not be required to obtain any permit for such harvesting or hauling of forest products as described in this Section, including without limitation any permit for any new driveway in connection with timber harvesting operations; provided, however, that this subsection shall not otherwise limit the authority this city to regulate roads or streets under its jurisdiction in accordance with O.C.G.A. tit. 32. Nothing in this Section shall be construed to waive compliance with any other applicable zoning or development regulations governing the use or development of the property on which timber harvesting is being conducted.
§ 323
Gasoline Stations, Full Service
A full-service gas station shall be limited to four or fewer bays excluding no more than one attached or detached bay for washing cars.
§ 324
Gasoline Stations, No Repairs
Gasoline station pumps and canopy supports may be located within a front yard setback provided they are located no closer than 15 feet to the highway right-of-way, or not less than the existing setback of any residential structure on abutting lots either the frontage or a side street. In no case shall the canopy extend into the road right-of-way.
§ 325
Horse Riding Stables
No structure or corral housing horses shall be located closer than 200 feet to any property line.
§ 326
Hotels
The following standards apply to hotels outside of the CBD District:
a.Minimum acreage is two acres.
b.All extended stay facilities shall have a minimum density of 75 guests per gross acre of development.
c.Guestrooms shall be accessed internally to the building with no direct room access to the outside. The lobby shall be a minimum of 500 square feet in size.
d.No room shall be accessed from the exterior of the building unless required by fire/safety regulations.
e.All guest rooms, which have facilities for both the storage and preparation of food and have less than 300 square feet of floor area are limited to a maximum of two persons per such room.
However, for all such guest rooms greater than 300 square feet, one additional person shall be allowable per each additional 75 square feet of floor area up to and including a maximum of four persons. Illustrative example of a hotel with
f.No more than 10 percent of individual guests shall register, guestrooms that are accessed reside or occupy any room or rooms within the same licensed facility for a period of more than 180 days. internally to the building.
g.No license shall be issued for the conduct of any business from any guestroom of the facility.
h.Each hotel must provide management on duty 24 hours a day.
i.No hotel or motel existing at the time of adoption of this Development Code is to be converted to or used as apartment or condominium without approval of the City Council with special use approval. Any hotel or motel converted to such use must meet all applicable state and local codes including zoning standards.
j.Each guest room having a stove-top unit or other type burner shall be required to also include a maximum 60-minute automatic power off timer for each such unit.
k.A hard-wired smoke detector with battery backup and automatic sprinkler system shall be provided and installed in each guestroom.
l.No outside storage or permanent parking of equipment or vehicles shall be allowed.
m.All such facilities shall provide a 50-foot opaque undisturbed buffer from any property zoned for multi-family residential and/or 70-foot opaque undisturbed buffer from any property zoned for single family residential purposes.
n.All buildings shall have a minimum roof pitch of a four in twelve as defined by applicable building code.
o.A single meeting or conference space of 1,000 square feet or greater, or a business center, shall be provided on the premises.
p.A swimming pool and/or a fitness center shall be provided on the premises.
q.At a minimum, provisions for weekly cleaning for each suite must be provided.
r.A landscaping plan is to be approved by the Planning and Development Director.
§ 327
Junk Yards
a.A parcel containing a junk yard shall be located no closer than 300 feet to a residential or commercial district boundary line.
b.The junk yard shall be completely enclosed with a solid fence not projecting into the required front yard, not less than 6 feet high, and in no case shall said fence be less than sufficient to screen such operation from view.
§ 328
Kennel
a.No portion of a building, structure, outdoor run or pen used to house or exercise such animals shall be located within 200 feet of any property line.
b.No portion of the facility functioning as a sleep, play or exercise area for any animal shall be within 250 feet of any residentially zoned property.
c.The applicant shall submit for approval a detailed Sanitation and Maintenance Manual detailing tasks such as animal waste cleanup and sanitization to be used in the day-to-day operation of the facility.
d.Material Safety Data Sheets (MSDS) for all cleaning agents outlined in the required Sanitation and Maintenance Manual shall be submitted to and approved by Gwinnett County Environmental Health.
e.All outdoor animal facilities shall be surrounded by a continuous opaque fence at least 8 feet in height.
f.No open-air animal areas shall be visible from any public roadway.
g.On-site veterinary care of the resident animals may occur only as an emergency or ancillary use. Examples of acceptable on-site veterinary care include emergency diagnosis and/or treatment performed by an “on-call veterinarian” or ancillary veterinary services such as on-site vaccinations. At no time shall the scope of the ancillary veterinary services use exceed the scope of the primary kennel use.
h.Retail and grooming are allowed as ancillary uses as long as the scope of said uses does not exceed the scope of the primary use of a kennel.
i.In addition to the setbacks required per Table 2-B, an additional setback of 25 feet on either side and 25 feet in the rear is required for all kennels with outdoor animal facilities.
§ 329
Manufactured Homes
329.01. Manufactured Home Standards
a.All manufactured homes must be constructed in compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974. Mobile homes, as defined in this Development Code, are considered to be constructed to pre-HUD standards and are not allowed to be installed in the City of Duluth. Any existing mobile home that is removed with the intent of replacing it with another shall comply with this Development Code.
b.Each manufactured home shall be attached to a permanent foundation.
329.02. Manufactured Home Park Standards
a.A manufactured housing district development shall front for a sufficient distance to provide safe access upon a state highway, a major thorough fare, a collector street or a local access road paralleling an expressway and shall have access and egress only on such road.
b.The entrance road to a manufactured housing district development shall have a minimum right-of-way width of 60 feet with a minimum pavement width of 28 feet. The entrance road shall have a turning radius from the highway of at least 300 feet, and the entrance road shall extend at least 100 feet into the manufactured housing district development.
c.Sidewalks shall be constructed within the development and shall extend the entire frontage of the property on which the entrance is constructed. These shall provide access to recreation facilities within and outside the development.
d.Each manufactured home shall be located on a separate lot. Each home and lot shall be owned by the same person and shall be taxed as real property and the owner shall qualify for the homestead exemption. Each lot shall be a minimum of 5,000 square feet and shall contain only one living dwelling.
e.Not less than 10% of the gross area of manufactured housing district development shall be devoted to recreation on any other community use facilities. Each recreation space shall have a minimum area of 10,000 square feet. Recreation area(s) may not be located within undevelopable land (i.e., floodplain, wetlands, etc.)
f.A buffer strip at least 25 feet wide shall be provided along the side and rear property lines but not extending into the required front yard of the development. The buffer strip shall be planted with evergreen trees and shrubs that grow at least 8 feet tall and provide an effective visual screen. Said buffer strip is to provide a softening between the land uses.
g.Manufactured homes shall be installed in accordance with the State of Georgia’s Rules and Regulations of the Office of Commissioner of Insurance Safety Fire Division, Chapter 120-3-7 Rules and Regulations for Manufactured Homes.
h.No site construction shall be undertaken, and no permits shall be issued until a Preliminary Subdivision Plat that meets the requirements of the Permits and Procedures Article of this Development Code and the requirements of this Section have been given tentative approval.
§ 330
Manufacturing, Wholesaling and Warehousing
Special use approval is required for manufacturing, wholesaling and warehousing businesses that exceed 3,500 square feet in the CBD zoning district.
§ 331
Massage Therapy Establishments
a.A 150-foot buffer shall be required between any massage therapy business to any residentially zoned property from the front door of the structure where the massage business occurs to the nearest parcel boundary line of any residentially zoned property as measured by a straight line on the ground. Should this buffer requirement differ from what is contained in the City of Duluth Massage Therapy Ordinance in the City of Duluth Code of Ordinances, the requirement in the Massage Therapy Ordinance shall apply.
b.After June 1, 2012, there shall be no more than three (3) massage therapy businesses per ten thousand (10,000) persons living within the city limits based on the most current U.S. Census and calculated on a pro-rata basis.
c.A message therapy business shall be subject to all other rules and requirements of the City of Duluth Massage Therapy Ordinance in the City of Duluth Code of Ordinances and all current and future pertinent local, state, and federal ordinances.
§ 332
Mini-Warehouses and Self-Storage Units
a.Units shall be directly accessed from enclosed corridors.
b.Individual storage bays within a self-service storage facility shall not be considered a premise for the purpose of assigning a legal address in order to obtain an occupational license or any other governmental permit or licenses to do business.
c.All property stored on site shall be entirely within enclosed buildings. Storage of flammable liquids, highly combustible or explosive materials, or hazardous chemicals is prohibited.
d.Uses not related to the temporary storage of personal property are prohibited, including use as a residence, office (other than the leasing office required for the storage facility), workshop (including vehicle, appliance or equipment repair), studio, band rehearsal area or place of business.
e.No commercial transactions shall be permitted (including auctions; commercial, retail or wholesale sales; or miscellaneous or garage sales) other than the rental of the storage units.
f.The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or similar equipment is prohibited.
g.A 150-foot buffer shall be required between any mini-warehouse building or self-storage unit to any residentially zoned property measured from the nearest structure of the mini-warehouse or self- Illustrative example of self-storage units that storage business to the nearest parcel boundary line are directly accessed from enclosed corridors.
of any residential property as measured by a straight line on the ground.
h.Loading bays shall not face street frontage.
§ 333
Motor Vehicle and Parts Dealers
a.Paved surfaces shall be provided to avoid the health hazards of dust and standing water.
b.All vehicles on the rental/sales lots shall be in operating condition at all times.
c.All parking and loading areas, including rental/sales lots that store and display motor vehicles, shall be screened from the road with a 3-foot-high landscaped berm (maximum 2:1 slope) and a 10-foot landscape strip in accordance with the standards of the Landscaping, Buffers and Tree Protection Article of this Development Code. See also the Parking Lot Design, Screening, and Location Section in the Parking and Loading Requirements Article of this Development Code.
d.All motor vehicle dealers shall meet the parking standards in Article 4.
§ 334
Pawnshop
A property containing a pawn shop shall be a minimum of 500 feet away from any other property containing a pawn shop.
§ 335
Personal Care Home
a.Each personal care home shall be at least 500 feet, in all directions, from any other personal care home.
b.When dealing with adults, all personal care homes shall obtain a permit from the State of Georgia and shall abide by the State of Georgia rules and regulations for personal care homes. When dealing with adolescents, said facilities shall be reviewed by and obtain a permit from the Department of Human Resources Youth Services Division.
§ 336
Radio and Television Broadcasting Stations
Special use approval is required for stations that exceed 3,500 square feet in the CBD zoning district.
§ 337
Retail Trade
Special use approval is required for retail trade businesses that exceed 3,500 square feet in the CBD zoning district.
§ 338
Tattoo and Body Piercing Establishments
a.A tattoo and body piercing establishment shall be located no closer than 500 feet from any tract or parcel of land which is zoned RA-200, R-100, or located within 500 feet of any residential portion of any tract of land which is zoned PUD. In addition, no tattoo and body piercing establishment shall be located within 500 feet of any property located within the Historic Residential District
b.A tattoo and body piercing establishment shall be subject to the rules and requirements of the City of Duluth Tattoo and Body Piercing Establishment Ordinance in the City of Duluth Code of Ordinances and all other current and future pertinent local, state, and federal ordinances.
c.Where the setback requirements of this Section and the Tattoo and Body Piercing Establishment Ordinance conflict, the setback requirements of the Tattoo and Body Piercing Establishment Ordinance shall apply.
§ 339
Temporary Buildings
a.A temporary building or buildings for use in connection with a construction project or land subdivision development shall be permitted on the land of the project during the construction period.
b.A Temporary Use Permit may be granted for the use of manufactured homes/recreational vehicles for emergency housing in any zoning district where a conforming structure is rendered uninhabitable by fire, tornado, hurricane, flood or other natural disaster by the Planning and Development Director for a period not to exceed 60 days.
1.Said permit may be extended for one year from the date of approval or for a shorter period as specified by the City Council. The City Council may impose reasonable conditions, restrictions, and safeguards as considered necessary. Violations of these conditions shall be considered a violation of this Development Code.
2.The Temporary Use Permit may be extended upon proper application when a hardship or unusual circumstances warranting the original permit remains and is verified. A change in the original circumstances shall require re-application for a Temporary Use Permit.
3.The Temporary Use Permit may be granted to the property owner, and it shall not remain in effect in the event of a change of ownership of any land, structure, use or other item covered by the Temporary Use Permit. A Temporary Use Permit may be granted upon application and public hearing requirements as stated in the Procedures and Permits Article of this Development Code.
§ 340
Temporary Events
340.01. General Requirements for Temporary Events, not Including Yard Sales
a.Permit Required.
1.A temporary use permit shall be applied for and approved by the Department of Planning and Development. Written permission of the property owner shall be provided with the application.
2.The temporary use may be permitted for a period not to exceed 20 days unless specifically provided for with the use, and with the exception that one 10-day extension may be granted by the Planning and Development Director for uses in the C-1 and HC Districts.
3.A permit for any temporary use on the same property may not be applied for or renewed for a period of not less than 30 days from the date of any prior approval of a temporary use.
4.Each non-residential property can apply for a temporary event no more than once per quarter (per calendar year beginning in January and ending in December)
b.Location. The temporary use shall not be located within 20 feet of the public right-of-way or within 30 feet of any intersection of two or more public rights-of-way.
c.Parking. Adequate parking ingress and egress shall be provided onsite, or on an adjacent site with written permission of the property owner.
d.Signs. See the Sign Regulations Article of this Development Code.
340.02. Carnival Rides
a.Carnival rides may not operate for more than 15 consecutive days.
b.No structure or equipment may be located within 500 feet of any residential property line
340.03. Charitable or Non-Profit Event
Charitable or non-profit events, including religious assembles, shall not exceed four consecutive days in duration.
340.04. Outdoor Markets and Swap Meets
a.Outdoor markets, flea markets and craft shows may be permitted on a property for the retail sale or exchange of new, handcrafted, or second-hand merchandise for a maximum period of 48 hours, conducted by a single sponsor no more often than twice in any year.
b.Outdoor farmers’ markets (including roadside stands) may be permitted for the retail sale of produce, breads, meat and poultry, specialty foods and small cooking items and crafts for a maximum period of 48 hours, conducted no more than once a week.
c.Indoor swap meets and farmers’ markets are allowed within a fully enclosed building where otherwise allowed as commercial use, without restriction as to hours or frequency.
340.05. Retail Sales of Seasonal Items
a.Retail sales of seasonal items (e.g. pumpkins, gourds and other Halloween or fall items; Christmas Trees)
are allowed in commercial zoning districts on the same lot between October 1 and December 31.
b.Retail sales of spring items (e.g. plants) and summer refreshments (“summer refreshment stands”) are allowed in commercial zoning districts between March 21 and September 14.
340.06. Temporary Event:
Yard Sale
a.Permit Required.
1.Any person desiring to hold a yard sale shall obtain a complimentary permit from the Planning and Development Director. The application for the permit shall set forth the name and address of the person who will be conducting the yard sale, the address where the same is to be located, and the date upon which the yard sale will be conducted. The Planning and Development Director shall furnish such person with a copy of this Section at the time of obtaining the yard sale permit.
2.In the case of a neighborhood yard sale, one of the persons who will participate in the neighborhood yard sale shall make application for the complimentary permit and shall set forth the name and address of the applicant; the address where the sale is to be held; the date or dates on which the neighborhood yard sale is to be held and the names and addresses of all other persons who plan to participate in the sale.
3.The permit shall be obtained at least five days prior to the commencement date of the yard sale.
Applicants shall specify an alternate date (rain date) for such yard sale in the event the proposed sale cannot be held on the first selected date because of inclement weather.
b.Frequency and Duration. No person may hold a yard sale at the same location more frequently than once each 90 days and such sale shall not be for a period of time greater than 48 hours.
c.Duties of Planning and Development Director. The Planning and Development Director shall:
1.Maintain application forms and complimentary permits to be issued for yard sales.
2.Furnish to the City of Duluth Police Department a copy of all yard sale permits as and when the permits are issued.
3.Record for yard sale shall be maintained for the space of at least 18 months.
4.Before issuing any yard sale permit, check the listing record of previous permits issued to be certain that a requested permit is not being requested more frequently than permitted under the terms of this Section and if such requested permit is for a date or time by the same applicant or at an address where a previous yard sale has been held less than 90 days prior to the date of the proposed sale, the Planning and Development Director shall have the authority to refuse to issue the permit.
d.Display of Permit. The permit issued to any applicant for a yard sale shall be publicly displayed by the applicant during the time that the yard sale is being held or shall be available for inspection by a City of Duluth police officer upon demand.
e.Temporary Signs. See the Sign Regulations Article of this Development Code.
f.Termination of Sales without Permit. City Council hereby grants authority to the Chief of Police and police officers to order the immediate termination of any yard sale being conducted without a valid permit being issued pursuant to the terms of this Section. Any person who refuses to obey the order of the chief of police or other lawful officer of the City and immediately cease and terminate said yard sale and remove the public display of goods from their yard shall be subject to arrest for the charge of failing to obey a lawful order of a police officer and be subject to all the penalties for the violation of the City of Duluth Code of Ordinances. The charge provided for in this Section is in addition to any other charges that may be brought against such individuals conducting a yard sale in violation of the terms of this Section.
§ 341
Veterinary Clinics, including Animal Hospitals
a.All activities associated with animal hospital/veterinary clinic operations shall be conducted within a completely enclosed building.
b.Non-medically necessary boarding/kennel operations may occur as ancillary use only. Any outdoor facilities (e.g. “outdoor runs”) shall be subject to those in Section 328.
§ 342
Wireless Telecommunications
342.01. Intent
This Code Section is designed and intended to balance the interests of the residents of the City of Duluth, telecommunications providers, and telecommunications customers in the siting of wireless facilities and support structures within the City of Duluth so as to protect the health, safety and integrity of residential neighborhoods and foster, through appropriate zoning and land use controls, a competitive environment for telecommunications carriers that does not unreasonably discriminate among providers of functionally equivalent services and shall not prohibit or have the effect of prohibiting the provision of personal wireless services, and so as to promote the City of Duluth as a proactive city in the availability of wireless telecommunications service.
342.02. Purposes
a.Provide for the appropriate location and development of wireless facilities and support structures to serve the residents and businesses of the City of Duluth;
b.Protect the City of Duluth’s built and natural environment by promoting compatible standards for wireless facilities and support structures;
c.Minimize adverse visual impacts of wireless facilities and support structures through careful design, siting, landscape screening and innovative camouflaging techniques;
d.Avoid potential damage to adjacent properties from wireless facility and support structure failure through engineering and careful siting of wireless facilities and support structures;
e.Maximize use of any new and existing wireless support structures (towers) so as to minimize the need to construct new towers and minimize the total number of towers throughout the City;
f.Maximize and encourage use of alternative telecommunication tower structures as a primary option rather than construction of additional single-use towers;
g.Encourage and promote the location of new wireless facilities and support structures in areas which are not zoned for residential use;
342.03. Exemptions
The following shall be exempt from this Code Section:
a.Any wireless facilities and support structures under 70 feet in total height and owned and operated by an amateur radio operator licensed by the Federal Communications Commission.
b.Any wireless facilities or support structures located on property owned, leased or otherwise controlled by the City of Duluth, provided a license or lease authorizing a wireless telecommunications facility has been approved by the governing body.
c.Any wireless facilities and support structures for which a permit has been properly issued prior to the effective date of this Code (and is current and not expired), with the exception that any modifications or collocation proposed after issuance of the initial permit shall be reviewed and processed in accordance with this Code Section.
342.04. Collocation; Availability of Suitable Existing Structures
No new wireless support structure (tower) shall be allowed unless the applicant demonstrates to the satisfaction of the Planning and Development Department and the City Council that no existing tower or existing alternative tower structure (clock towers, bell towers, church steeples, light/power poles, electric transmission towers, manmade trees, and similar natural or manmade alternative-design mounting structures that camouflage or conceal the presence of antennas or towers) can accommodate the applicant's proposed wireless facilities. All evidence submitted shall be signed and sealed by appropriate licensed professionals or qualified industry experts.
Evidence submitted to demonstrate that no existing tower or structure can accommodate the proposed antenna shall consist of the following:
a.That no existing towers or suitable alternative tower structures are located within the geographic antennas placement area required to meet the applicant's engineering requirements.
b.That existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.
c.That existing towers or structures do not have sufficient structural strength to support the applicant's antenna and related equipment.
d.That the applicant's proposed antenna(s) would cause electromagnetic interference with the antenna(s)
on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
e.That the cost or contractual provisions required by the tower owner to share an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
f.That the applicant adequately demonstrates that there are other limiting factors that existing towers and structures unsuitable.
342.05. Allowed Zoning Districts
a.If it is adequately demonstrated that antenna collocation, as required in this Section, is not possible for a given geographic antenna placement area, constructing a new tower, including placement of additional buildings or other supporting equipment used in connection with said tower or antenna, may be allowed in the following zoning districts upon Special Use approval by City Council: M-1, M-2, C-1, C-2, HC-Retail, HC-Auto, PUD, O-I and RA-200.
b.Collocation, as described in Section Sec. 342.04, shall be allowed in the following zoning districts: M-1, M-2, C-1, C-2, HC-Retail, HC-Auto, PUD, O-I and RA-200.
342.06. Principal, Accessory and Joint Uses
a.Accessory structures used in direct support of a tower shall be allowed but not be used for offices, vehicle storage or other outdoor storage. Mobile or immobile equipment not used in direct support of a tower facility shall not be stored or parked on the site of the tower.
b.Towers may be located on sites containing another principal use in the same buildable area. Joint use of a site is prohibited when a proposed or existing principal use includes the storage, distribution or sale of volatile, flammable, explosive or hazardous materials such as propane, gasoline, natural gas and dangerous chemicals.
c.Placement of more than one tower on a lot shall be permitted, provided requirements from this section are met along with all setback, design, and landscape requirements as to each tower. Structures may be located as close to each other as technically feasible, provided tower failure characteristics of the towers on the site will not lead to multiple failures in the event that one fails.
342.07. General Requirements
The requirements set forth in this Code Section shall govern the location and construction of all wireless facilities and support structures governed by this Code.
a.Building Codes and Safety Standards. To ensure the structural integrity of wireless facilities and support structures, the owner of such a facility and structure shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for such wireless facilities and support structures are published by the FCC as amended from time to time. The owner shall also conduct periodic inspections of such facilities at least once every three years to ensure structural integrity. Inspections shall be conducted by a Georgia licensed structural engineer. The results of such inspection shall be provided to the Planning and Development Director.
b.Regulatory Compliance. All wireless facilities and support structures must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate wireless facilities and structures. If such standards and regulations are changed then the owners of the facilities and structures governed by this Code Section shall bring such communications facilities and structures into compliance with such revised standards and regulations within the date established by the agency promulgating the standards or regulations.
c.Security. All wireless support structures shall be enclosed by decay-resistant security fencing not less than 6 feet in height and shall be equipped with an appropriate anti-climbing device. This requirement may be waived by the Planning and Development Director if it is deemed that this would produce negative visual clutter or obstruct a view corridor.
d.Lighting. No illumination is permitted on wireless facilities or support structures unless part of an approved public lighting program or required by the FCC, FAA or other state or federal agency of competent jurisdiction in which case the Planning and Development Director may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding uses and views.
e.Advertising. No advertising is permitted on wireless facilities or support structures.
f.Visual Impact.
1.Site location and development shall preserve the Illustrative example of wireless pre-existing character of the surrounding buildings tower camouflaged as a tree and land uses and the zone district as much as possible. Towers shall be integrated through location and design to blend in with existing characteristics of the site to the extent practical (i.e.
camouflaging through integration with structures or appearance such as artificial trees, etc.).
2.Existing on-site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the site to the surrounding area.
3.At a tower site the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment (i.e. artificial tree appearance, steeples, decorative fencing, etc.).
4.Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA or other applicable federal or state agency, be painted a neutral color, so as to reduce visual obtrusiveness.
5.If an antenna is installed on a structure other than a tower and is generally visible to the public, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. Roof mounted antennas shall be made visually unobtrusive by screening to match existing air conditioning units, stairs, elevator towers or other background.
6.Antennas mounted on architecturally significant structures or significant architectural details of the building shall be covered by appropriate casings that are manufactured to match existing architectural features found on the building.
7.Where feasible, antennas can be placed directly above, below or incorporated with vertical design elements of a building to help in camouflaging.
8.Towers or roof mounted antennas shall not be placed in direct line with significant view corridors, as designated by the City of Duluth or by any state or federal law or agency. For purposes of this Code Section a significant view corridor shall be defined as an area to be kept free of obstructions or structures that interfere with the view of any scenic area, historic building or area. A view corridor shall be established by ordinance of the City of Duluth by zoning restrictions adopted in accordance with the ordinances of the City of Duluth, or by any state or federal law or agency in accordance with provisions of federal laws or duly adopted regulations.
9.Any equipment shelter or cabinet must be concealed from public view or made compatible with the architecture of the surrounding structures or placed underground. Equipment compounds shall be screened from public view and may use landscaping or materials and colors consistent with the surrounding structures. The shelter or cabinet must be regularly maintained.
g.Landscaping.
1.Landscaping shall be used to effectively screen the view of the equipment compound from adjacent public ways, public property and residential property.
2.Native vegetation on the site shall be preserved to the greatest practical extent. The applicant shall provide a site plan showing existing significant vegetation to be removed and vegetation to be replanted.
3.The Planning and Development Director may waive or modify the landscaping requirement where lesser requirements are desirable for adequate visibility for security purposes or for continued operation of existing bona fide agricultural or forest uses such as farms, nurseries and tree farms. In certain locations where the visual impact of the tower would be minimal, such as remote agricultural or rural locations or developed heavy industrial areas, the landscaping requirement may be modified or waived by the Planning and Development Director.
h.Lot Size and Setbacks. The site shall be of a size and shape sufficient to provide an adequate setback from the base of the tower to any property line abutting a residential district, public property, or public street.
Such setback shall be sufficient to:
1.Provide for an adequate vegetative, topographic or other buffer as required.
2.Preserve the privacy of surrounding residential property.
3.Protect adjoining property from the potential impact of tower failure by being large enough to accommodate such failure on the site, based on the required engineer’s analysis.
4.When a tower is adjacent to a residential use, it must be set back from the nearest residential lot line a distance at least equal to its total height.
5.Towers greater than 70 feet in height shall not be located any closer than 1,500 feet from an existing tower unless technologically required or visually preferable as determined by the City Council through a Special Use approval request.
6.Setbacks for towers 70 feet and less shall not be closer to a residential structure than the height of the tower or closer to a residential property line than 40 feet.
342.08. Special Use Approval
a.Special use approval shall be required to:
1.Construct a new tower in an allowed district; or
2.Modify or accept a collocation to a previously approved wireless facility or support structure (tower) when the proposed modification of collocation:
i.Increases the overall height or width of the support structure to which the wireless facilities are to be attached; or
ii.Increases the dimensions of the equipment compound that was initially approved by the City.
b.Application. In addition to the special use review and approval requirements found in the Procedures and Permits Article of this Development Code, the following process shall apply:
1.An application shall be submitted that includes the following information:
i.Site plan(s) to scale specifying the location of telecommunications facilities, transmission building and/or other accessory uses, access, parking, fences, landscaped areas and adjacent land uses.
ii.Landscape plan to scale indicating size, spacing and type of plantings required in this Code Section.
iii.An impact statement fully describing the effects that the proposed telecommunications facility will have on the environment and surrounding area including the impacts on adjacent residential structures and districts, impacts on structures and sites of historic significance and impacts on streetscapes and significant view corridors. The Impact Statement shall include a description of anticipated maintenance needs for the telecommunications facility, including frequency of service, personnel needs, equipment needs and traffic noise or safety impacts of such maintenance.
iv.Report from a professional structural engineer licensed in the State of Georgia, documenting the following:
1.Telecommunications facility height and design, including technical, engineering, economic and other pertinent factors governing selection of the proposed design.
2.Total anticipated capacity of the telecommunications facility, including number and types of antennae which can be accommodated. Evidence shall be provided that indicates capacity is sufficient to allow future wireless facilities (collocation).
3.Evidence of structural integrity of the tower structure (i.e. engineer’s statement that structure is built to meet or exceed Standard Building Code).
4.Structural failure characteristics of the telecommunications tower(s) over 70 feet and demonstration that site and setbacks are of adequate size to contain debris.
5.A definition of the area of service to be served by the antenna or tower and whether such antenna or tower is needed for coverage or capacity.
v.The identity of a community liaison officer to resolve issues of concern to neighbors and residents relating to the construction and operation of the facility. Include name, address, telephone number, facsimile number and electronic mail address, if applicable.
vi.The existing towers and tall structures located within the geographic service area should be identified on a map along with written justification as to the need for a new tower in place of an existing structure
vii.A map indicating all existing towers and antennae sites located within Duluth and within 2 miles of the city boundaries.
c.Review Period.
1.Within 150 calendar days of the date an application for special use approval is filed with the Planning and Development Department, unless another date is specified in a written agreement between the Department and the applicant, the City shall:
i.Make its final decision to approve or disapprove the application; and
ii.Advise the applicant in writing of its final decision.
2.Within 30 calendar days of the date an application for special use approval is filed with the Planning and Development Department, the Planning and Development Director shall determine if it is a complete application and, if he or she determines the application is not a complete application, notify the applicant in writing of any information required to complete such application.
3.To the extent additional information is required to complete the application, the time required by the applicant to provide such information shall not be counted toward the calendar day review period set forth in Sec. 342.08(c)(1) above.
342.09. Administrative Review
a.Uses Allowed by Administrative Approval.
1.Modification or Collocation, Wireless Facility or Support Structure. A proposed modification or collocation to a previously approved wireless facility or support structure, with the exception of proposals meeting the criteria below, may be approved by the Planning and Development Department after conducting an administrative review if the proposed modification or collocation does not increase the overall height or width of the support structure to which the wireless facilities are to be attached or increase the dimensions of the equipment compound that was initially approved by the City.
i.Review Period.
1.Within 90 calendar days of the date an application for a modification or collocation meeting the criteria is filed with the Planning and Development Department, unless another date is specified in a written agreement between the Department and the applicant, the City shall make its final decision to approve or disapprove the application and advise the applicant in writing of its final decision.
2.Within 30 calendar days of the date an application for modification or collocation meeting the criteria is filed with the Planning and Development Department, the Planning and Development Director shall determine if it is a complete application and, if he or she determines the application is not a complete application, notify the applicant in writing of any information required to complete such application.
3.To the extent additional information is required to complete the application, the time required by the applicant to provide such information shall not be counted toward the 90-calendar day review period set forth above.
2.Modification, Base Station or Tower. For a proposed modification of an existing base station or tower that does not “substantially change”, as defined in the Interpretation and Definitions Article of this Development Code, the physical dimensions of such tower or base station, the process outlined below shall apply.
i.Within 60 days of the date on which an applicant submits a request seeking approval under this Section, the Planning and Development Director may approve the application unless it determines that the application is not covered by this subsection.
ii.The 60-day period begins to run when the application is filed and may be stopped only by mutual agreement or in cases where the Planning and Development Department determines that the application is incomplete. The timeframe for review is not stopped by a moratorium on the review of applications.
iii.To toll the timeframe for incompleteness, the Planning and Development Department must provide written notice to the applicant within 30 days of receipt of the application, clearly and specifically delineating all missing documents or information. Such information does not require documentation intended to illustrate the need for such wireless facilities or to justify the business decision to modify such wireless facilities.
iv.The timeframe for review begins running again when the applicant makes a supplemental submission in response to the Planning and Development Department’s notice of incompleteness.
v.Following a supplemental submission, Planning and Development Department will have 10 days to notify the applicant that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in Subsection (2) above. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.
342.10. Maintenance Impacts
Equipment at a transmission facility shall be automated to the greatest extent possible to reduce traffic and congestion. Where the site abuts or has access to a collector and to a local street, access for maintenance vehicles shall be exclusively by means of the collector street. Access drives and maintenance vehicle parking shall be paved unless the requirement is waived by the Planning and Development Director.
342.11. Nuisances
Telecommunications facilities, including; (without limitation), power source, ventilation and cooling, shall be operated at all times within the limits of the City of Duluth Noise Ordinance, shall not be operated so as to cause the generation of heat that adversely affects a building occupant and shall not be maintained or operated in such a manner as to be a nuisance.
342.12. Removal of Antennae and Towers
All telecommunications facilities shall be maintained in compliance with standards contained in applicable building and technical codes so as to ensure the structural integrity of such facilities. If upon inspection by the Planning and Development Director or his designee any such telecommunications facility is determined not to comply with the minimum Standard Building Code or to constitute a danger to persons or property, then upon notice being provided to the owner of the facility and the owner of the property if such owner is different, such owners shall have 30 days to bring such facility into compliance. In the event such telecommunications facility is not brought into compliance within 30 days, the City may provide notice to the owners requiring the telecommunications facility to be removed. In the event such telecommunications facility is not removed within 30 days of receipt of such notice, the City may remove such facility and place a lien upon the property for the costs of removal or seek costs incurred through court action. Delay by the City in taking action shall not in any way waive the City’s right to take action. The City may pursue all legal remedies available to it to ensure that telecommunications facilities not in compliance with the minimum Standard Building Code standards or which constitute a danger to persons or property are brought into compliance or removed. The City may seek to have the telecommunications facility removed regardless of the owners or operators intent to operate the tower or antenna and regardless of any permits, federal, state or otherwise, which may have been granted.
342.13. Abandoned Towers
a.Any telecommunications facility that is not operated for a continuous period of 12 months shall be considered abandoned, whether or not the owner or operator intends to make use of it or any part of it.
The owner of a telecommunications facility and the owner of the property where the facility is located shall be under a duty to remove the abandoned telecommunications facility. If such antenna and/or tower is not removed within 60 days of receipt of notice from the City notifying the owner(s) of such abandonment, the City may remove such tower and/or antenna and place a lien upon the property for any removal cost(s) incurred or seek costs incurred through court action. The City may pursue all legal remedies available to it to ensure that abandoned telecommunications facilities are removed. Delay by the City in taking action shall not in any way waive the City’s right to take action. The City may seek to have the telecommunications facility removed regardless of the owners or operators’ intent to operate the tower or antenna and regardless of any permits, federal, state or otherwise, which may have been granted.
b.If the owner of an abandoned tower or antenna wishes to use such abandoned tower or antenna, the owner first must apply for and receive all applicable permits and meet all of the conditions of this Article as if such tower or antenna were a new tower or antenna.
342.14. Small Cell Wireless Facility
a.Intent
1.This Code Section is designed to implement the Georgia Streamlining Wireless Facilities and Antennas Act., O.C.G.A. Title 36, Chapter 66C. The provisions address placement of small cell facilities and associated poles in the public rights of way. The GMA’s Model Right of Way Ordinance, available to local governments in the GMA Telecommunications and Right of Way Management program, addresses other conditions regarding the access and use of the right of way that are not specific to small cell facilities and associated poles.
b.Purpose and Compliance
1.O.C.G.A. § 32-4-92(a)(10) authorizes the City of Duluth, Georgia (the “City”) to establish reasonable regulations for the installation, construction, maintenance, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, traffic and other signals, and other equipment, facilities, or appliances in, on, along, over, or under the public roads of the City.
Further, 47 U.S.C. § 253(c) provides that the City has authority to manage its public rights of way.
Finally, the Georgia Streamlining Wireless Facilities and Antennas Act., O.C.G.A. Title 36, Chapter 66C (the “SWFAA”), addresses the placement of small wire-less facilities in the public rights of way of the City.
2.The City finds it is in the best interest of the City and its residents and businesses to establish requirements, specifications and reasonable conditions regarding placement of small wireless facilities, and poles in the public rights of way. These requirements, specifications and conditions are adopted in order to protect the public health, safety and welfare of the residents and businesses of the City and to reasonably manage and protect the public rights of way and its uses in the City.
3.The objective of Section 342.14 is to (i) implement the SWFAA and (ii) ensure use of the public rights of way is consistent with the design, appearance and other features of nearby land uses, protects the integrity of historic, cultural and scenic resources and does not harm residents’
quality of life.
c.Definitions
1.Unless defined within this Ordinance, terms used in Section 342.14 shall have the meanings given them in O.C.G.A. § 36-66C-2.
2.In the event that any federal or state law containing definitions used in Section 342.14 is amended, the definition in the referenced section, as amended, shall control.
3.Definitions in Section 342.14 include references and citations to applicable federal and state laws. In the event that any referenced section is amended, the definition in the referenced section, as amended, shall control.
d.Permits
1.A permit is required to collocate a small wireless facility in the public right of way or to in-stall, modify, or replace a pole or a decorative pole in the public right of way. A permit is not required to perform the activities described in O.C.G.A. § 36-66C-6(e) or (f).
2.Any person seeking to collocate a small wireless facility in the public right of way or to in-stall, modify, or replace a pole or a decorative pole in the public right of way shall submit an application to the Department of Planning and Development for a permit. Applications are available from the Department of Planning and Development. Any material change to information contained in an application shall be submitted in writing to the Department of Planning and Development within 30 days after the events necessitating the change.
3.Each application for a permit shall include the maximum application fees permitted under O.C.G.A. § 36-66C-5(a)(1), (a)(2) and (a)(3). Such maximum application fees shall automatically increase on January 1 of each year beginning January 1, 2021, as provided under O.C.G.A. § 36-66C-5(b).
4.The Department of Planning and Development shall review applications for permits according to the timelines and using the procedures identified in O.C.G.A. §§ 36-66C-7 and 36-66C-13.
5.Applications for permits shall be approved except as follows:
i.In order to receive a permit to install a pole or replace a decorative pole, the applicant must have determined after diligent investigation that it cannot meet the service objectives of the permit by collocating on an existing pole or support structure on which:
1.The applicant has the right to collocate subject to reasonable terms and conditions; and
2.Such collocation would not impose technical limitations or significant additional costs. The applicant shall certify that it has made such a determination in good faith, based on the assessment of a licensed engineer, and shall provide a written summary of the basis for such determination.
The Department of Planning and Development may deny an application for a permit upon any of the conditions identified in O.C.G.A. § 36-66C-7(j). For applications for new poles in the public right of way in areas zoned for residential use, the Department of Planning and Development may propose an alternate location in the public right of way within 100 feet of the location set forth in the application, and the wireless provider shall use the Department of Planning and Development proposed alternate location unless the location imposes technical limits or significant additional costs. The wireless provider shall certify that it has made such a determination in good faith, based on the assessment of a licensed engineer, and it shall provide a written summary of the basis for such determination.
6.A permit issued under Section 342.14(d) shall authorize such person to occupy the public rights of way to: (i) collocate a small wireless facility on or adjacent to a pole or a support structure that does not exceed the limitations set forth in O.C.G.A. § 36-66C-7(h)(3) or on or adjacent to a decorative pole in compliance with O.C.G.A. § 36-66C-12; and (ii) install, modify, or replace a pole or decorative pole for collocation of a small wireless facility that does not exceed the limitations set forth in O.C.G.A. § 36-66C-7(h)(1) and (h)(2).
7.Upon the issuance of a permit under this Code, and on each anniversary of such issuance, every person issued a permit shall submit to the City the maximum annual payments permitted under O.C.G.A. § 36-66C-5(a)(4) and (a)(5); provided, however, that if such person removes its small wireless facilities form the public rights of way pursuant to O.C.G.A. § 36-66C-5(e), then such person shall be responsible for the pro rata portion of the annual payment based on the number of days of occupation since the last annual payment. Upon making such pro rata payment and removal of the small wireless facilities, the person’s annual payment obligations under this section shall cease as of the date of the actual removal. The maximum annual payments shall automatically increase on January 1 of each year beginning January 1, 2021, as provided under O.C.G.A. § 36-66C-5(b).
8.Any person issued a permit shall pay the fees identified in O.C.G.A. § 36- 66C-5(a)(6) and (a)(7), as applicable.
9.The City may revoke a permit issued pursuant to Section 342.14(d) if the wireless provider or its equipment placed in the public right of way under that permit subsequently is not in compliance with any provision of this Code or the Georgia Streamlining Wireless Facilities and Antennas Act.
Upon revocation, the City may proceed according to Section 342.14(d)(10).
10.If a wireless provider occupies the public rights of way without obtaining a permit required by Section 342.14(d) or without complying with the SWFAA, then the City may, at the sole discretion of the City, restore the right of way, to the extent practicable in the reasonable judgment of the City, to its condition prior to the unpermitted collocation or installation and to charge the responsible wireless provider the reasonable, documented cost of the City in doing so, plus a penalty not to exceed $1,000.00. The City may suspend the ability of the wireless provider to receive any new permits from the City under Section 342.14(d) until the wireless provider has paid the amount assessed for such restoration costs and the penalty assessed, if any; provided, however, that the City may not suspend such ability of any applicant that has deposited the amount in controversy in escrow pending an adjudication of the merits of the dispute by a court of competent jurisdiction.
11.All accepted applications for permits shall be publicly available subject to the limitations identified in O.C.G.A. § 36-66C-6(c).
12.An applicant may file a consolidated application related to multiple small wireless facilities, poles or decorative poles so long as such consolidated application meets the requirements of O.C.G.A.
§ 36-66C-13.
13.Activities authorized under a permit shall be completed within the timelines provided in O.C.G.A.
§ 36-66C-7(k)(2).
14.Issuance of a permit authorizes the applicant to: (i) undertake the collocation, installation, modification or replacement approved by the permit and (ii) operate and maintain the small wireless facilities and any associated pole covered by the permit for a period of 10 years.
15.Permits shall be renewed following the expiration of the term identified in Section 342.14(d)(14)
upon the terms and conditions identified in O.C.G.A. § 36-66C-7(k)(2)(B).
16.If an application for a permit seeks to collocate small wireless facilities on city-owned poles in the public rights of way, then the City shall, within 60-days of receipt of the completed application: (i) provide a good faith estimate for any make-ready work necessary to enable the authority pole to support the proposed facility; or (ii) notify the wireless provider that the wireless provider will be required to perform the make-ready work. Any make-ready work performed by the City shall be completed pursuant to and in accordance with the provisions of O.C.G.A. § 36-66C-7(n).
e.Removal; Relocation; Reconditioning; Replacement; Abandonment
1.An Utility may remove its small wireless facilities from the public rights of according to the procedures of O.C.G.A. § 36-66C-5(e).
2.In the event of a removal under Section 342.14(e)(1), the right of way shall be, to the extent practicable in the reasonable judgment of the City, restored to its condition prior to the removal.
If a utility owner fails to return the right of way, to the extent practicable in the reasonable judgment of the City, to its condition prior to the removal within 90 days of the removal, the City may, at the sole discretion of the City, restore the right of way to such condition and charge the utility owner the City’s reasonable, documented cost of removal and restoration, plus a penalty not to exceed $500.00. The City may suspend the ability of the person to receive any new permits under Section 342.14(d) until the utility owner has paid the amount assessed for such restoration costs and the penalty assessed, if any; provided, however, that the City will not suspend such ability of any utility owner that has deposited the amount in controversy in escrow pending an adjudication of the merits of the dispute by a court of competent jurisdiction.
3.If, in the reasonable exercise of police powers, the City determines: (i) a pole or support structure unreasonably interferes with the widening, repair, reconstruction, or relocation of a public road or highway, or (ii) relocation of poles, support structures, or small wireless facilities is required as a result of a public project, the wireless provider shall relocate such poles, support structures, or small wireless facilities pursuant to and in accordance with the provisions of O.C.G.A. § 36-66C-7(l). If the wireless provider fails to relocate a pole, support structure or small wireless facility or fails to provide a written good faith estimate of the time needed to relocate the pole, support structure or small wireless within the time period prescribed in O.C.G.A. § 36-66C-7(l), the City make take the actions authorized by O.C.G.A. § 36-66C-7(o), in addition to any other powers under applicable law.
4.The City shall recondition and replace city-owned poles consistent with the provisions of O.C.G.A.
§ 36-66C-7(m). Wireless providers shall accommodate and cooperate with reconditioning and replacement consistent with the provisions of O.C.G.A. § 36- 66C-7(m).
5.A wireless provider must notify the City of its decision to abandon any small wireless facility, support structure or pole pursuant to and in accordance with the provisions of O.C.G.A. § 36-66C-7(p)(1). The wireless provider shall perform all acts and duties identified in O.C.G.A. § 36-66C-7(p) regarding abandonment. The City may take all actions and exercise all powers authorized under O.C.G.A. § 36-66C-7(p) upon abandonment, in addition to any other powers under applicable law.
f.Standards
1.Small wireless facilities and new, modified, or replacement poles to be used for collocation of small wireless facilities may be placed in the public right of way as a permitted use: (i) upon a receipt of a permit under Section 342.14(d); (ii) subject to applicable codes; and (iii) so long as such small wireless facilities and new, modified, or replacement poles to be used for collocation of small wireless facilities comply with the appropriate provisions of O.C.G.A. § 36- 66C-7(h).
i.New, modified, or replacement poles installed in the right of way in a historic district and in an area zoned primarily for residential use shall not exceed 50 feet above ground level.
ii.Each new, modified, or replacement pole installed in the right of way that is not in a historic district or in an area zoned primarily for residential use shall not exceed the greater of:
1.Fifty feet above ground level; or
2.Ten feet greater in height above ground level than the tallest existing pole in the same public right of way in place as of January 1, 2019, and located within 500 feet of the new proposed pole;
iii.New small wireless facilities in the public right of way and collocated on an existing pole or support structure shall not exceed more than ten feet above the existing pole or support structure.
iv.New small wireless facilities in the public right of way collocated on a new or replacement pole under Section 342.14(f)(1)(a) or Section 342.14(f)(1)(b) may not extend above the top of such poles.
2.A decorative pole should only be located where an existing pole can be removed and replaced, or at a new location where the City has identified that a streetlight is necessary.
3.Unless it is determined that another design is less intrusive, or placement is required under applicable law, small wireless facilities shall be concealed as follows:
i.Antennas located at the top of poles and support structures shall be incorporated into the pole or support structure, or placed within shrouds of a size such that the antenna appears to be part of the pole or support structure;
ii.Antennas placed elsewhere on a pole or support structure shall be integrated into the pole or support structure or be designed and placed to minimize visual impacts.
iii.Radio units or equipment cabinets holding radio units and mounted on a pole shall be placed as high as possible, located to avoid interfering with, or creating any hazard to any other use of the public rights of way, and located on one side of the pole. Unless the radio units or equipment cabinets can be concealed by appropriate traffic signage, radio units or equipment cabinets mounted below the communications space on poles shall be designed so that the largest dimension is vertical, and the width is such that the radio units or equipment cabinets are minimally visible from the opposite side of the pole on which they are placed.
iv.Wiring and cabling shall be neat and concealed within or flush to the pole or support structure, ensuring concealment of these components to the greatest extent possible.
4.Notwithstanding any provision of this Code Section to the contrary, an applicant may collocate a small wireless facility within a historic district and may place or replace a pole within a historic district, only upon satisfaction of the following: (i) issuance of a permit under Section 342.14(d) and (ii) compliance with applicable codes.
5.Notwithstanding any provision of this Code Section to the contrary, an applicant may collocate a small wireless facility on a decorative pole, or may replace a decorative pole with a new decorative pole, in the event the existing decorative pole will not structurally support the attachment, only upon satisfaction of the following: (i) issuance of a permit under Section 342.14(d) and (ii) compliance with applicable codes.
g.Aesthetic Standards
1.Authority and Scope
i.O.C.G.A. § 32-4-92(a)(10) authorizes the City to establish reasonable regulations for the installation, construction, maintenance, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, traffic and other signals, and other equipment, facilities, or appliances in, on, along, over, or under the public roads of the City. Further, 47 U.S.C. § 253(c) provides that the City has authority to manage its public rights of way.
ii.The City finds it is in the best interest of the City and its residents and businesses to establish aesthetic requirements and other specifications and reasonable conditions regarding placement of facilities in the public rights of way. These requirements, specifications and conditions are adopted in order to protect the public health, safety and welfare of the residents and businesses of the City and to reasonably manage and protect the public rights of way and its uses in the City.
iii.The objective of Section 342.14(g) is to ensure use of the public rights of way:
1.Is consistent with the design, appearance and other features of nearby land uses;
2.Protects the integrity of historic, cultural and scenic resources; and
3.Does not harm residents’ quality of life.
iv.Section 342.14(g) applies to all requests to locate facilities in the public rights of way and ongoing use of the public rights of way for such facilities. Section 342.14(g) is established pursuant to City Charter and applicable law. Section 342.14(g) is administered by the Department of Planning and Development.
v.Placement or modification of facilities in the public right of way shall comply with this Section at the time the permit for installation or modification is approved and as amended from time to time. Permittees are required to comply with City Code and applicable law and regulations.
2.Facilities Standards
i.Facilities must be compatible in size, mass, and color to similar facilities in the same zoning area, with a goal of minimizing the physical and visual impact on the area.
ii.Facilities in the residential, historical, architecturally significant areas shall be visually and architecturally integrated with the residential, historical, architecturally significant areas and shall not interfere with prominent vistas or significant public view corridors.
iii.Facilities must be located in alignment with existing trees and/or facilities.
iv.Facilities must maintain the integrity and character of the neighborhoods and corridors in which the facilities are located.
3.Undergrounding. Except as provided in Section 342.14(g)(3)and Section 342.14(g)(3)(b), facilities shall be installed underground so long as placement underground will not materially impact the provision of service. Any individual requesting to locate facilities above ground has the burden to demonstrate by clear and convincing evidence that undergrounding will effectively prohibit the provision of the service in question.
i.Light poles and small wireless facilities collocated thereon may be located above ground in areas of the City where facilities are primarily located underground.
ii.The City may:
1.Allow collocated small wireless facilities placed aboveground prior to the effective date of this Code and subject to any applicable pole attachment agreement to remain above ground; or
2.Allow the wireless provider to replace the pole associated with previously collocated small wireless facilities at the same location or propose an alternate location within 50 feet of the prior location, which the wireless provider shall use unless such alternate location imposes technical limits or significant additional costs.
4.Camouflaging. Facilities must be designed using camouflaging techniques that make them as unobtrusive as possible if:
i.It is not possible or desirable to match the design and color of facilities with similar facilities in the same zoning area, as required under Section 342.14(g)(2)(a); or
ii.Existing facilities in the area are out of character with a streetscape plan or other aesthetic plan that has been adopted by the City.
5.Installation and Modification Standards. Installation of new facilities in, on, along, over, or under the public rights of way or modification of existing facilities in, on, along, over, or under the public rights of way shall:
i.Minimize risks to public safety;
ii.Ensure that placement of facilities on existing structures is within the tolerance of those structures;
iii.Ensure that installations and modifications are subject to periodic review to minimize the intrusion on the right of way;
iv.Ensure that the City bears no risk or liability as a result of the installations or modifications; and
v.Ensure that use of the public rights of way does not inconvenience the public, interfere with the primary uses of the public rights of way, or hinder the ability of the City or other government entities to improve, modify, relocate, abandon, or vacate the right of way or any portion thereof, or to cause the improvement, modification, relocation, vacation, or abandonment of facilities in the right of way.
6.Plans for Use. No facilities shall be placed in, on, along, over, or under the public rights of way unless:
i.There are immediate plans to use the proposed facility; or
ii.There is a contract with another party that has immediate plans to use the proposed facility.
7.Contact Information. Every facility placed in the public rights of way shall at all times display signage that accurately identifies the facility owner and provides the facility owner’s unique site number and also provides a local or toll-free telephone number to contact the facility owner’s operations center.
§ 343
Short Term Rental
a.The following standards shall apply to Short Term Rentals in the City Limits of Duluth. Short Term Rentals
(STR)shall not exceed the following unit thresholds per building type:
Duplex 1 STR per 2 units Triplex 1 STR per 3 units Four or more units 1 STR per 4 units
b.Within the single-family districts, STR shall not abut another STR.
c.The maximum occupancy allowed in a STR shall be no greater than what is allowed under the definition of household found in Article 14. The STR should house no more than two additional persons, beyond those that live at the residents full-time, at any given time.
d.In addition to all applicable requirements in Article 4: Parking and Loading, the number of off-street parking spaces required for a STR shall be one space per bedroom for multifamily units. For single-family dwelling units, two off-street parking spaces are required plus a dedicated parking space for the STR. The additional parking space shall be paved and screened from neighboring properties with an evergreen buffer, which shall be approved by the Planning and Development Director.
e.In accordance with Article 3 of the City of Duluth Code of Ordinances, quite hours shall be observed weekdays between 10:00 PM and 7:00 AM and weekends from 10:00 PM to 10:00 AM.
f.In addition to the Special Use submittal requirements per Article 11, STR Special Use applications shall include all items detailed in this section.
g.STR located within PUD zoning districts must follow the zoning regulations per the PUD. If the STR use is not specified within the PUD ordinance, an amendment is required per Article 11.
h.Proof of Homestead Exemption on the property must be presented with the Special Use submittal.
i.Permit Requirements:
1.Proof of Homestead Exemption
2.Site plan drawn at a scale no less than 100 feet to one inch including all existing and pro-posed structures with setbacks, off-street parking, utilities, and on-site wastewater treatment systems, if applicable.
3.Floor plan drawn to scale no less than 100 feet to one inch.
4.Gwinnett County Environmental Health Department approval for STR use of existing and proposed septic systems.
5.Proof of Hotel-Motel Excise Tax and Occupational Tax Certificate.
6.Local Contact must be kept on file and up to date with the Department of Planning and Development. The local contact information shall be distributed to the adjacent property owners with proof of mailing submitted to the Department of Planning and Development. Local Contacts shall be reviewed on an annual basis to coincide with Occupational Tax Certificate renewals.
7.All STR shall have adequate Fire and Life Safety devices installed throughout the unit. This includes smoke detectors, carbon monoxide detectors, and a functioning fire extinguisher. Proof of Fire and Life Safety devices shall be presented to Planning staff at the time of application.
8.Interior information signs will be clearly visible and legible within the STR and shall contain the following information:
i.Local Contact information and telephone number where they can be reached on a 24-hour basis;
ii.The maximum number of occupants;
iii.Number and location of off-street parking;
iv.Trash pick-up day and location of trash disposal;
v.Location of fire extinguishers;
vi.Local emergency and law enforcement contact information;
vii.Property address; and,
viii.The quiet hours.
Division III. Accessory Uses and Structures
§ 344
Detached Structures
Detached accessory structures and/or uses, with the exception of a detached automobile parking garage in a residentially zoned district, shall be limited in size to a total or combined gross square footage not to exceed 20 percent of the heated square footage of the principal structure, or 20 percent of square footage of the primary land use area, as shown on an "as built" survey.
§ 345
Home Occupations
a.The home occupation shall be conducted entirely within a dwelling unit and only by occupants of the dwelling unit.
b.No outdoor storage is allowed.
c.One sign, no greater than 1 square foot in size, is allowed per dwelling unit.
d.No clients, patrons or employees (other than the resident) shall be allowed on the property.
e.Home occupation(s) shall be limited to no more than 25 percent of the total heated floor area of the residence or 500 square feet, whichever is less. An Illustrative example of signage affidavit shall be signed by the practitioner at the time of application and shall that exceeds the maximum include the proposed size of the home occupation in terms of square feet of allowed size. proposed business area and square feet of total heated floor area.
f.The dwelling must be the legal residence of the principal practitioner at the time of the application, and the home occupation shall be valid only as long as the original principal practitioner resides in the dwelling, is conducting business and has a current occupational tax certificate.
g.One (1) business vehicle that conforms to the parking management regulations in Section 405.01 (Parking in a Residential District) is permitted. Trailers that display company names, brands, logos, or graphics shall be counted as a business vehicle.
h.The conduct of the home occupation shall neither increase the normal flow of traffic nor shall it increase normal on-street or off-street parking.
i.No equipment may be utilized or stored in the conduct of the home occupation except that which is normally used for purely domestic or household purposes. Said items may only be those used on the premises or incidental supplies necessary for and consumed in the conduct of the home occupation.
Samples, however, may be kept on the premises but neither sold nor distributed from the residence.
j.Any additions or alterations that will be used for the home occupation must be of an architectural style in keeping with the surrounding residential development. Any and all work must be approved and permitted by the City of Duluth.
k.Offensive noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare or other objectionable effects shall not be permitted.
§ 346
Farm Tenant Dwellings
a.A farm tenant dwelling may be either a single-family detached or two-family site-built or modular building.
b.The dwelling shall meet the yard requirements of the zoning district in which it is located.
c.No more than one dwelling unit for each five acres of land devoted to active agricultural use is allowed.
d.The principal residence on the property, to which the farm tenant dwelling is accessory, must be occupied by the owner or the operator of the farm.
e.At least one adult occupant of each dwelling unit must be employed to work on the farm where the dwelling is located. Such employment must be for compensation or profit, or such employee must be a relative of the owner or a co-owner of the farm; in any case, one occupant must devote at least 20 hours a week on average in the farming operation.
§ 347
Outdoor Display Areas
Merchandise or goods may be on display outdoors for the purpose of customer selection or direct sale or lease to customers only as follows in this Code Section.
347.01. Outdoor Display Areas; Permanent
The following merchandise or goods may be located in outdoor display areas on a permanent basis (where the use is otherwise permitted) subject to the requirements of Section 348 below:
a.Motorized vehicles that are in good running condition free from exterior damage or substantial wear.
b.Manufactured homes.
c.Utility sheds, gazebos and play equipment.
d.Plant nursery items.
e.Vending machines, boxes or similar containers used to distribute food or beverage, newspapers, propane tanks, ice, videos or similar consumer products.
347.02. Temporary Sales Promotions
All other outdoor display of merchandise or goods shall be conducted on a temporary basis associated with special business promotions. See Section 340 for restrictions on temporary events.
347.03. Outdoor Display Areas; Restrictions
a.Merchandise or goods on display outdoors must be located at least 20 feet from any property line, with the exception that vending machines, boxes or similar containers described under 347.01 above shall be located against and parallel to the building facade.
b.The proposed display of propane cylinders is subject to review and approval by the Gwinnett County Fire Department.
c.Any area outside of a building where merchandise or goods are displayed for customer selection or direct sale but which is permanently screened by an opaque imitation-wood vinyl fence or free-standing wall at least 6 feet in height or a landscape buffer meeting the standards of the Landscaping, Buffers and Tree Protection Article of this Development Code shall not be considered an outdoor display area.
§ 348
Outdoor Storage
The outdoor storage of goods, material or merchandise not otherwise on display for customer selection or direct sale or lease to customers, where the use is otherwise permitted, is limited as follows:
348.01. Outdoor Storage in Commercial Zoning Districts
a.Outdoor storage is permitted in the C-2, HC-Auto, HC-Retail, and O-I Districts with special use approval only. All outdoor storage must be located in a side or rear yard and must be screened from public streets and residential districts by an opaque imitation-wood vinyl fence or freestanding wall 8 feet in height or a landscape buffer meeting the standards of the Landscaping, Buffers and Tree Protection Article of this Development Code.
b.No required parking spaces, required landscaped area, or any other required site element shall be used for outdoor storage.
348.02. Outdoor Storage in the Industrial Zoning Districts
Building material or other outdoor storage yards, except junk yards, are allowed in the M-1 and M-2 zoning districts if they meet the following requirements:
a.They shall not be located within a required front yard.
b.They shall be setback at least 25 feet from any side or rear property lines and shall be screened by a solid fence at least 6 feet high which is setback a similar distance from any side or rear property lines, appropriately landscaped and maintained per an approved site plan.
c.They shall be established in connection with a permitted building.
d.Additional restrictions apply to junk yards (see Section 327).
§ 349
Unattended Donation Boxes
a.Size and Location.
1.Unattended donation boxes shall only be allowed as an accessory use on a parcel where the primary use is a retail establishment involved in the resale of used, and second-hand goods.
2.Unattended donation boxes shall not exceed 7 feet in height and 4 feet in width or depth.
3.An unattended donation box shall not be placed:
i.Within 400 feet of another unattended donation box;
ii.On the same parcel as another unattended donation box; or
iii.On unoccupied or vacant property.
iv.On sidewalks.
v.In a manner that impedes vehicular or pedestrian traffic flow and circulation.
vi.In the right-or-way.
vii.In the principal use setback for the site where they are placed.
viii.In designated parking spaces such that it reduces the number of parking spaces below the minimum number required by zoning codes.
ix.Within any landscape strip, landscaped parking lot island or any type of buffer.
x.Within the Visibility Clearance Area, as defined in Section 603.08 of this Code
b.Permit Requirements.
1.Unless otherwise exempted, it shall be unlawful and a public nuisance for any property owner or operator to place, operate, maintain or allow unattended donation boxes on real property unless the unattended donation box owner first obtains a permit pursuant to this Code Section and the unattended donation box is placed, operated and maintained in accordance with all provisions in this Code Section.
2.The permit application shall be made on a form provided by the City and shall include:
i.The name, address, e-mail, website (if available) and phone number of contact person of the applicant who will agree in writing to be available between the hours of 8:00 a.m.
to 6:00 p.m. each day of the week to receive and respond to complaints or other inquiries regarding the permitted collection bin;
ii.The Name, address, and telephone number of an individual who is authorized by the owner of the collection bin to accept service of process and to accept citations issued by the city on behalf of the applicant for violations of this section.
iii.Collection bins owned and/or operated by one person or entity for the benefit of another person or entity require the contact information for both entities on the permit application;
iv.If the applicant claims to be a qualified nonprofit organization:
1.A copy of the determination letter issued by the Internal Revenue Service stating that the applicant is an organization exempt from taxation under Internal Revenue Code, 26 USC § 501(c)(3); and
2.A certificate of good standing issued by the office of the secretary of state. If the applicant is a business organization not exempt from taxation, a certificate of good standing issued by the office of the secretary of state shall be submitted with the permit application. A certificate of good standing must not be older than three months at the time of application for a permit.
v.Written and signed consent from the site host and the lawful occupant, if applicable, to place the collection bin on the property, including name, address and telephone number of the site host and the name, address, and telephone number of the person authorized by the site host to accept service of process and to accept citations issued by the city on behalf of the site host. The name, address, and telephone number of the lawful occupant and the name, address, and telephone number of the person authorized by the lawful occupant to accept service of process and to accept citations issued by the city on behalf of the lawful occupant shall also be included.
vi.The physical address of the property owner’s real property and a drawing sufficient to indicate the proposed location of the unattended donation box on the property owner’s real property, as well as the size of the proposed unattended donation box.
vii.Permittee must provide proof to the city of a certificate of liability insurance of at least $1,000,000.00 covering the liability of the permittee, site host, and lawful occupant, if applicable, arising out of the placement and maintenance of a collection bin.
3.Each application shall be accompanied by a non-refundable fee not to exceed $50. The fee shall be waived when evidence is submitted that the applicant has 501(c)3 status.
4.Applications shall be filed with the Planning and Development Department.
5.Action shall be taken on the permit within 30 days.
6.Applications not meeting all standards of this Development Code or any other City of Duluth ordinance shall be denied. Denied applications may be resubmitted for review after 30 days.
7.The permit shall expire one year from the date of issuance.
8.Permits shall not be transferable.
c.Requirements and Maintenance.
1.Unattended donation boxes shall:
i.Be maintained in good condition and appearance with no structural damage, holes, or visible rust and shall be free of graffiti;
ii.Be locked or otherwise secured;
iii.Be clear at all times of junk, garbage, trash, debris and other refuse material in the area surrounding the box. Any such materials shall be removed within 24 hours of verbal notice from the City at the expense of the property owner;
iv.Display the following information in boldface letters at least two inches high located on the front of the box and directly underneath the deposit door:
1.The name, address, telephone number, and the internet web address of the permittee, site host, and lawful occupant;
2.Display must meet the requirements set forth by the State as found in O.C.G.A.
§43-17, as amended, if applicable;
v.Have posted on them a copy of the permit in a prominent and visible location on the front of the box in plain view for inspection by the public and City officials; and
vi.Be serviced and emptied as needed, but in no case less frequently than once per month or within five days of a request by the Planning and Development Department.
2.Permittee must provide to the site host or lawful occupant a telephone number for requests to respond to collection bin maintenance complaints.
3.Permittee and site host or lawful occupant must respond to collection bin maintenance complaints within ten days of receiving written notice of a violation of this article. Written notice of the violation shall be provided to the permittee, site host or lawful occupant and any charitable organization identified as being associated with the collection bin.
4.If a collection bin becomes damaged or vandalized, it shall be repaired, replaced or removed within five days of receipt of notice of such condition.
5.Exemption. Unattended donation boxes located entirely within the interior of a building are exempt from the requirements of this Code Section.
§ 350
Temporary Mobile Kitchens
The following standards shall apply to Mobile Kitchens:
a.Mobile Kitchens shall be allowed in any zoning category with an approved temporary use permit.
b.The temporary use permit allows one MFSE (Mobile Food Service Establishment) to operate for up to two days per quarter.
c.An MFSE, or the property owner, can request a permit up to one (1) time per quarter per calendar year (up to 4 permits will be issued per calendar year).
d.MFSEs shall meet all requirements for overnight parking (Chap. 8 Article III Code of Ordinances).
e.MFSEs must abide by the Noise Ordinance (Chap. 9 Article III Code of Ordinances).
f.Permit must be displayed at all times.
§ 351
Mobile Kitchens
The following standards shall apply to mobile kitchens operating more than once per quarter:
a.Mobile Kitchens shall be allowed by Special Use approval in areas zoned CBD, C-1, C-2, HC-Retail and HC-Auto.
b.Mobile Kitchens must be integrated with a bar, brewpub, and/or restaurant that is legally in existence and meets all City, County, and State requirements.
c.Mobile Kitchens must be kept in an area that is enclosed on a minimum of three (3) sides by a minimum six (6) foot high structure attached to the primary building. Materials and design shall be approved by the Planning and Development Director.
d.All Mobile Kitchens must use utilities provided by the primary building that they are associated with.
Portable generators are prohibited.