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Chapter 12 — Commercial and Office Districts, Article 9 — OFFICE COMMERCIAL MULTIPLE STORY (OCMS)

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§ 12-9.1

Purpose and Intent.

These districts are intended to provide for significant vertical (multi-story)

developments within employment centers. Uses within these districts are primarily office and major institutional uses but may include a mix of retail, service, and restaurant space, typically on the ground floor within a single building.

Only those commercial uses that support a predominantly pedestrian orientation are permitted. Automobile-related businesses, open air businesses, open storage yards, and other uses that do not support pedestrian activity between and among uses in the employment center are not permitted. Individual business establishments do not exceed 25,000 square feet in these districts.

A minimum of fifteen acres is required to establish an office-commercial multi-story district; this requirement is intended to ensure that buildings and developments are master planned, to provide adequate setbacks and buffering, and to avoid small-scale, piecemeal, uncoordinated development of multi-story buildings that would be out of character with the purposes of this district. These districts are not appropriate adjacent to residential and office residential districts unless extensively separated and buffered at side and rear property lines according to a sliding scale of increased buffer widths and setbacks determined on the basis of the number of stories. In most instances, multi-story buildings will need to be accompanied by decked parking structures rather than (or in addition to) surface parking lots because of the limitations on building coverage and the minimum open space requirements. These districts are only appropriate in areas with arterial road access and where developments are adequately served by public water, sanitary sewerage, fire, emergency medical services, police and/or private security, and other public facilities and services.

§ 12-9.2

Permitted and Conditional Uses.

As provided in Table 12.1; and subject to the following provisions which apply to all uses in this district:

(A)A conditional use is required for any establishment conducting around the clock business hours.

Certain specific uses are regulated by Chapter 16.

§ 12-9.3

Performance Standards.

As provided in Table 12.2.

§ 12-9.4

Site Development Regulations.

As provided in Chapter 12, Article 10.

TABLE 12.1
Table 12.1 — Permitted Uses in Commercial and Office Districts (NS, UV, CBD, HB, HC, BP, O&I, OR, OCMS)
UseNSUVCBDHBHCBPO&IOROCMS
Accessory uses and structures determined by the director to be normally incidental to one or more permitted principal usesPPPPPPPPP
Adult entertainment and adult materials establishmentsXXXXXXXXX
ApiariesPPPPPPPPP
Automobile service establishment, majorXXXCPXXXX
Automobile service establishment, minorXXCPPXXXX
Bar, lounge, nightclubXCCCXXXXX
Bed and breakfast innsXCCCXXXXC
Bowling alleyXCCCXXXXX
Build-to-rentXXXXXXXXX
Business service establishments, not exceeding 2,500 square feet of gross floor areaPPPPXPCCP
Business service establishments of 2,500 square feet or more of gross floor areaCPPPXPXXP
CampgroundsXXCCXXXXX
Car Wash, self-serviceXXCCPXXXX
Car Wash, staffedXXCCPXXXX
CemeteriesXXPPXXXXX
ClinicsXPPPXCPCP
Club or lodge, nonprofit 10,000 square feet or less in aggregate sizePPPPPPPPP
Club or lodge, nonprofit more than 10,000 square feet in aggregate sizeCCPPCCCCC
Colleges, universities, and trade and technical schools 10,000 square feet or less in aggregate sizePPPPPPPPP
Colleges, universities, and trade and technical schools more than 10,000 square feet in aggregate sizeCCPPCCCCC
Commercial athletic fields, outdoorXXCCCXXXC
Commercial recreational facility, indoorXPPPXCCXP
Commercial recreational facility, outdoorXXCCCXXXC
Communication towers and antennasCCCCCCCCC
Conservation areasPPPPPPPPP
Conservation subdivisionsXXXXXXXXX
Contractor’s establishmentsXXCCCCXXX
Convenience stores, with or without fuel dispensing unitsCCCCXXXXC
Day care centersPPPPXPPPP
Drive-throughs, excluding car washesXCPPXXXXC
Drug treatment facilityXCCCXXCXC
Dwellings, single-family detachedXXXXXXXXX
Dwellings, single-family attached (townhouses)XXXXXXXXX
Dwellings, two-family (duplexes)XXXXXXXXX
Dwellings, multi-familyXXXXXXXXX
Electronic game playing centersXCCCXXXXX
Finance, insurance and real estate establishments, less than 5000 square feet of gross floor area per establishmentPPPPXPPXP
Finance, insurance and real estate establishments of 5000 square feet or more of gross floor area per establishmentXPPPXPPXP
Fuel stationsCCCCCXXXC
Heliports and HelipadsXXCCCXXXX
Horse stables, commercialXXCCCXXXC
Hospitals and related health services not otherwise specifiedXXPPXXCXP
HotelXCCCXXXXC
Hotel, Dual-brandXCCCXXXXC
Hotel or Motel, Extended StayXCCCXXXXC
Junk yardsXXXXCXXXX
Kennels, Animal Hospitals and Veterinary Clinics with outdoor facilities such as pens, kennels, runs, etc.XXCCCXXXX
Kennels, Animal Hospitals and Veterinary Clinics without outdoor facilitiesXXPPPXXXX
Machine shopsXXCPPPXXX
Major subdivisions for non- residential usesPPPPPPPPP
Manufacturing, processing, and assemblingXXCCCPXXX
Massage parlorCCCCXXCCC
Micro-breweryXXPCCXXXX
Micro-distilleryXXPCCXXXX
Minor subdivisions for non- residential usesPPPPPPPPP
Miscellaneous service establishmentsXCCCXCXCC
MotelXCCCXXXXC
OfficesPPPPPPPPP
Open air businessesXCCCPXXXX
Open storage yardsXXCCCCXXX
Pawn shopsXCCCCXXXX
Personal care homes and institutionalized living facilities, serving ten persons or lessCPPPXXCCP
Personal care homes and institutionalized living facilities, serving more than ten personsXPPPXXCXP
Personal service establishments, not exceeding 2,500 square feet of gross floor area per establishmentPPPPXPCCP
Personal service establishments greater than 2,500 square feet of gross floor area per establishmentXPPPXPXXP
Place of worship 10,000 square feet or less in aggregate size (Note 5)PPPPPPPPP
Place of worship more than 10,000 square feet in aggregate size (Note 5)CCPPCCCCC
Pool HallXCCCXXXXX
Public and semi-public usesPPPPPPCPP
Residence for caretaker or night watchmanXXCCPPXXX
Restaurants, including outside seating areas but not including drive-throughsPPPPPPCCP
Retail package liquor storeCCCCXXXXC
Retail trade establishments, enclosedPPPPPPXXP
SalonPPPPXPCCP
Schools, private and parochial, 10,000 square feet or less in aggregate sizeXCCCXXCXC
Schools, private and parochial, more than 10,000 square feet in aggregate sizeXCCCXXXXC
Schools for dance, martial arts, and other disciplines operated for profit or nonprofit, 10,000 square feet or less in aggregate sizePPPPCPPCP
Schools for dance, martial arts, and other disciplines operated for profit or nonprofit, more than 10,000 square feet in aggregate sizeXXCCXCCXC
Schools for driving, DUI, or massage operated for profit or nonprofit, 10,000 square feet or less in aggregate sizeCCCCCCCCC
Schools for driving, DUI, or massage operated for profit or nonprofit, more than 10,000 square feet in aggregate sizeXXCCXCCXC
Shooting range, indoorXXCCCXXXC
Shooting range, outdoorXXCCCXXXC
Short-term RentalXXXXXXXXX
Smoke shops, vapor cigarette shops, or non-traditional tobacco paraphernalia shopsCCCCXXXXC
Specialty pharmacyCCCCCCXXC
Storage, self-service, climate controlledXXCCCCXXX
Storage, self-service, courtyardXXCCCCXXX
Storage, self-service, mini- warehouseXXXXCXXXX
Temporary structures and usesCPPPPPCXP
TheaterXCCCXXXXX
Transportation, communication, and utility facilitiesXXCCCCXXC
Vehicle rental establishmentXXCCPPXXX
Vehicle sales dealership, newXXCCXXXXX
Vehicle sales dealership, usedXXCCXXXXX
Warehouses and storage buildings not exceeding 10,000 square feet on a given siteXXCXXXXXX
Wholesale trade establishmentsXXCXXPXXX
(1)Prior to development of any associated accessory uses, approval of the site plan must be granted by the Board of Commissioners. If the accessory use is a school, a conditional use permit is required and all requirements for a conditional use permit must be followed.
(2)Within the Business Park (BP) and Office and Institutional (O&I) zoning districts, only the following indoor commercial recreational facilities shall be considered as conditional uses (C): assembly halls, auditoriums, meeting halls, art galleries and museums, physical fitness centers, and health clubs. All other indoor commercial recreational facilities are considered prohibited (X).
(3)See Ordinance No. 103 (Shooting Range Ordinance).
(4)In cases where a use is proposed but is not listed in this table, the director shall make an administrative determination as to whether or not the use is permitted in the zoning district or districts in question. The director will compare the proposed use to substantially similar uses to determine if the proposed use will be considered a prohibited, permitted, or conditional use. In making such determinations, the director shall consult the purpose and intent statements of the zoning district or districts in question, in addition to comparing the use in question to uses specifically listed in this table.
(5)Places of worship for which a CUP, rezoning or development permit application is being processed, that have been approved but not constructed, that are under construction, or that have received a Certificate of Occupancy prior to February 2, 2017, are exempt from the size cap. In addition, property immediately adjacent to the property on which a place of worship that is exempt pursuant to this note is located, that is purchased after February 2, 2017, is also exempt from the size cap. For properties exempted from the size cap pursuant to this note, the requirements for places of worship 10,000 square feet or less in aggregate size (either conditional use permit (C) or not permitted (X)) shall apply for each zoning district. For purposes of this chart, “aggregate size”

shall mean total square footage of all structures on the property on which the place of worship is located.

Table 12.2 — Performance Standards for Commercial and Office Districts (values by zoning district). 'None'/'No maximum'/'Not permitted' = no numeric standard; '(Note N)' refers to the footnotes in §12-9.4. The Maximum height standard varies by character-area node — see the Table 12.2 Maximum height matrix.
DimensionNSUVCBDHBHCBPO&IOROCMS
Minimum lot area for zoning to the district (Note 1)1 acre5 acresNoneNone0.5 acre10 acres2 acres0.5 acre15 acres
Maximum building coverage (% of lot)23%46%70%55%55%35%35%18%55%
Maximum gross square footage per business establishment10,000 square feet60,000 square feetNo maximumNo maximum40,000 square feet10,000 square feet (Note 2)10,000 square feet2,500 square feet25,000 square feet
Minimum landscaped open space (%)20%15%15%15%15%30%20%20%25%
Minimum front landscape strip paralleling right-of-way (Note 4)10 feet10 feet10 feet10 feet10 feet25 feet10 feet10 feet40 feet
Minimum setback for all lot lines abutting right-of-way10 feet10 feet40 feet40 feet50 feet50 feet40 feet40 feet10 feet of set-back per story
Minimum buffer along lot line abutting a residential, OR, A1 or AG-Res district20 feet30 feet40 feet40 feet50 feet50 feet30 feet15 feet75 feet, plus 5 feet buffer per story
Minimum setback along lot line abutting a residential, OR, or A1 or AG-Res district30 feet40 feet50 feet (Note 7)50 feet60 feet60 feet40 feet30 feet85 feet, plus 5 feet set-back per story
Minimum side setback10 feet (Note 5)10 feet (Note 5)10 feet (Note 5)15 feet30 feet30 feet25 feet15 feet50 feet
Minimum rear setback25 feet25 feet25 feet25 feet30 feet30 feet25 feet25 feet75 feet
Minimum rear setback abutting an alley10 feet10 feetNone10 feet30 feet30 feet25 feet25 feet75 feet
Maximum density, residential uses (units per acre) (Note 6)4 units per acre6 units per acre10 units per acre6 units per acreNot permittedNot permittedNot permitted4 units per acre10 units per acre
Minimum heated floor space (Note 3)1,000 square feet900 square feet900 square feet900 square feet700 square feet700 square feet900 square feet900 square feet700 square feet

Character Areas South Big Haw Creek & Chestatee Sawnee McFarland GA 400 Creek Daves Creek Lanier Vickery Creek Campground North GA 400 / Jot Em Etowah Mountain Down Maximum McFarland McFarland/ Shiloh Road Regional Node South GA 400 South GA 400/ Highway 141 Regional Node Big Creek Peachtree Parkway Community Node Haw Creek & Daves Creek Haw Creek Community Node Lanier Lake Lanier/ Mary Alice Park Community Node Vickery Creek Castleberry/ Bethelview Community Node Campground Highway 20 Neighborhood Node Highway 20 Community Node North GA 400 Hammond's Crossing Regional Node Chestatee/Jot Em Down Chestatee Neighborhood Node Etowah Matt and Silver City Neighborhood Nodes Sawnee Mountain Coal Mountain Community Node height Office Office Uses: Uses Non- Non- Non-80’ and Residential Residential Residential 50’ (Note 9) 50’ Mixed 40’ 50’ 40’ Uses and 40’ 60’ 40’ Uses and 30’ 40’ 50’ 50’ Uses and 30’ 40’ 30’ 40’ 30’ 40’

Mixed Use: Mixed Use: Mixed Use: Mixed Use:

Use: 60’ 50’ 60’ 80’

70’ (Note (Note 8) (Note 8) (Note 8) (Note 8) 8)

Notes:
COMMERCIAL AND OFFICE DISTRICTS:
Table 12.2, Maximum height by character-area node (Commercial and Office Districts). Each character area lists its nodes and the maximum building height; a regional/community node may state heights per use group. Heights in feet (foot mark "’"); "(Note N)" = a footnote in §12-9.4.
Character areaNodeMaximum height
McFarlandMcFarland50'
McFarlandMcFarland / Shiloh Road Regional NodeOffice Uses: 80' (Note 9) / Mixed Use: 70' (Note 8)
South GA 400South GA 40050'
South GA 400South GA 400 / Highway 141 Regional NodeOffice Uses and Mixed Use: 60' (Note 8)
Big CreekBig Creek40'
Big CreekPeachtree Parkway Community Node50'
Haw Creek & Daves CreekHaw Creek & Daves Creek40'
Haw Creek & Daves CreekHaw Creek Community NodeNon-Residential Uses and Mixed Use: 50' (Note 8)
LanierLanier40'
LanierLake Lanier / Mary Alice Park Community Node60'
Vickery CreekVickery Creek40'
Vickery CreekCastleberry / Bethelview Community NodeNon-Residential Uses and Mixed Use: 60' (Note 8)
CampgroundCampground30'
CampgroundHighway 20 Neighborhood Node40'
CampgroundHighway 20 Community Node50'
North GA 400North GA 40050'
North GA 400Hammond's Crossing Regional NodeNon-Residential Uses and Mixed Use: 80' (Note 8)
Chestatee / Jot Em DownChestatee / Jot Em Down30'
Chestatee / Jot Em DownChestatee Neighborhood Node40'
EtowahEtowah30'
EtowahMatt and Silver City Neighborhood Nodes40'
Sawnee MountainSawnee Mountain30'
Sawnee MountainCoal Mountain Community Node40'
Grid rebuilt from the published table · verbatim source (p. 154) ↗
← Chapter 12 — Commercial and Office Districts, Article 8 — OFFICE RESIDENTIAL DISTRICT (OR)Chapter 12 — Commercial and Office Districts, Article 10 — GENERAL SITE DEVELOPMENT AND DESIGN REGULATIONS FOR ALL →