Gainesville › Unified Land Development Code
Article 9 — Use Provisions, Chapter 9-7 — COMMERCIAL USE STANDARDS
§ 9-7-1
Adult Entertainment Establishment.
(a)Adult entertainment establishments shall comply with all requirements of Chapter 6-10 of the Code of Ordinances of the City of Gainesville.
(b)No adult entertainment establishment use shall be located as follows:
(1)Within 300 feet of a lot zoned to allow single-family, two-family or multi-family residential uses.
(2)Within 300 feet of the lot line of any library, school, park, playground, governmental building, civic center, church or place of worship.
(3)Within 1000 feet of the lot line of any other adult entertainment use.
(4)The distance restrictions set out above shall apply in any and all directions from the lot line of the proposed adult use at the point closest to the lot line of the other property, as measured in a straight line to the closest point on the lot line of the other property. This distance shall be verified by plat showing distances furnished by the applicant, prepared by a land surveyor registered in the State of Georgia. This plat shall accompany and be made part of the application for Special Use approval.
(c)Nothing contained herein shall be construed to authorize or legalize the selling, lending, renting, leasing, giving, advertising, publishing or other dissemination to any person, any book, magazine, movie film, still picture or any other written material, pornographic matter, novelty, device or related sundry item which is obscene material under the law of the State of Georgia.
(d)Nothing contained herein shall be construed to authorize or legalize any act of prostitution, sodomy, solicitation for sodomy, masturbation for hire or distribution of obscene materials, as those acts are defined by the laws of the State of Georgia.
§ 9-7-2
Commercial Recreation, Indoor.
(a)The minimum lot size is 2 acres.
(b)Vehicular access shall be provided only from a collector or arterial street.
§ 9-7-3
Commercial Recreation, Outdoor.
(a)The minimum lot size is 2 acres.
(b)Vehicular access shall be provided only from a collector or arterial street.
(c)A minimum building setback of 100 feet shall be required from all side and rear property lines.
(d)A natural undisturbed buffer at least 50 feet in width is required adjacent to all side and rear property lines.
(e)Uses that propose lighting other than incidental security lighting shall be required to submit a photometric plan in accordance with Chapter 13-7 to enable the evaluation of impacts from illumination.
(f)A written evaluation of noise impacts is required at the time the following special uses are proposed to be established as principal uses: stadiums, amphitheaters, outdoor firearms shooting ranges, and racetracks for animals and motor driven vehicles. Such projects may be required to construct noise attenuation walls or otherwise address off-site noise impacts.
(g)A traffic impact analysis shall be required for amphitheaters, stadiums, racetracks for animals or motor-driven vehicles, and recreational vehicle parks. See Chapter 18-4 of this ULDC for traffic impact analysis requirements.
(h)Golf Driving Range.
(1)In addition to those standards in 9-7-3(b) above, the following shall apply to any golf driving range:
i.The minimum lot size is 10 acres.
ii.The width of a driving range shall be not less than 200 yards. The depth along the driving area shall be at least 350 yards measured from the location of the tees.
iii.Loudspeakers or paging systems are prohibited when a driving range abuts a residential district or use.
iv.Operation shall be limited to the hours of 8:00 a.m. to 11:00 p.m.
(i)Outdoor Shooting Range.
(1)In addition to those standards in 9-7-3(b) above, the following shall apply to any outdoor shooting range:
i.The minimum site size for a skeet or trap shooting range is 15 acres. The minimum site size for a rifle range is 20 acres.
ii.The range-portion of an outdoor shooting range shall be located no closer than 500 feet to a residential zoning district boundary or existing residential use.
iii.Ranges shall have an earthen embankment not less than 25 feet in height and not less than 10 feet in depth along the entire width at the end of the range to serve as a back stop.
iv.Operation shall be limited to the hours of 9:00 a.m. to 11:00 p.m.
(j)Racetrack.
(1)In addition to those standards in 9-7-3(b) above, the following shall apply to any racetrack:
i.Racetracks for vehicles or animals shall be located a minimum of 500 feet from any residential zoning district or use.
ii.A buffer at least 75 feet in width shall be provided adjacent to any residential use or district.
iii.Security fencing shall be provided when the facility abuts a residential use or district.
iv.A maximum constant sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at adjacent residential property lines. Sound levels shall be measured with a sound level meter. Noises capable of being measured shall be those that cause rapid fluctuations of the needle of the sound level meter with a variation of no more than plus or minus two decibels.
Noise measurements of a few minutes only will suffice to define any given noise level.
v.Operation shall be limited to the hours of 9:00 a.m. to 11:00 p.m.
§ 9-7-4
Commercial Parking.
(a)An attendant's shelter building may be permitted for parking in nonresidential zoning districts, provided that such structure or building does not contain more than 50 square feet of gross floor area and is located at least 25 feet from the public right-of-way.
(b)Parking areas shall not be used for the repair or dismantling of any vehicle, equipment, materials, or supplies.
§ 9-7-5
Day Care Center.
(a)At least 150 square feet of outdoor area and at least 35 square feet of indoor space shall be provided for each child or other person served.
(b)The outdoor area shall be enclosed by a solid wood, composite or vinyl fence or masonry wall, with a minimum height of 5 feet, or by a building, or combination wall or fence and building.
(c)Adequate and safe areas for the drop-off and pick-up of patrons shall be provided.
§ 9-7-6
Eating and Drinking.
(a)Brewpub.
(1)All brewpubs must meet the requirements for operation in the Official Code of Gainesville, Title 6, Chapter 6-4.
§ 9-7-7
Event Facility.
(a)Event facilities shall be located on an Arterial Street or Collector Street, as defined in this ULDC.
(b)Any amplified noise shall be subject to the regulations established in the City’s Code of Ordinances and this ULDC, as may be amended from time to time.
(c)Uniformed security guards shall be provided to ensure the safety of the public and all attendees within an event facility.
(d)A site inspection by the Building Official shall be required prior to the issuance of a Certificate of Occupancy for any event facility.
(e)The provisions of this section shall apply in addition to other regulations of the City’s Code of Ordinances and this ULDC. In the event of a conflict between other sections and this section, this section shall control.
§ 9-7-8
Lodging.
(a)Bed and Breakfast Inn.
(1)Bed and breakfast inns shall have a minimum of two guest rooms and a maximum of five guest rooms.
(b)Hotel or motel.
(1)The purpose of this section is to ensure the continued availability of quality transient lodging within the City and proper maintenance of lodging services and to protect the health, safety and welfare of users of lodging services.
(2)This section is essential to the public’s interest, safety, health, and welfare and shall be liberally construed to effectuate its purposes.
(3)Applicability.
i.The provisions of this section shall apply in addition to other regulations of the City’s Code of Ordinances and this ULDC. In the event of a conflict between other sections and this section, this section shall control.
ii.The provisions of this section which apply to “nonconforming use,” as defined in Section 10-3-1, shall apply to new lodging services established after December 17, 2019. All legal, code-compliant lodging services currently located in the City shall become legal, nonconforming uses, and as such must comply with the regulations set forth in Chapter 10-3 of this ULDC.
(4)Definitions.
i.Bona fide employee. A person who works in the business of lodging services or extended stay lodging services under a contract of hire, whether express or implied, where the employer has the power or right to control or direct the details of what work is to be performed and the manner in which that work is to be performed.
ii.Fixed cooking appliances. A stove top burner; a hotplate that does not serve as an integral part of an appliance designed solely to produce coffee; a conventional oven; a convection oven; or any oven producing heat using resistance heating elements, induction heating, or infrared heating sources.
iii.Guest. A person who is not a Patron but is present on the premises of lodging services to accompany a Patron and with the express permission of the owner, operator, keeper or proprietor of the lodging services. Guests are required to register with the supporting Patron.
iv.Kitchen facilities. Kitchen amenities including, but not limited to, refrigerators, stoves, ovens, and kitchen-type sink. Amenities limited to a microwave, mini-refrigerator, and/or an appliance designed to produce coffee or tea do not constitute “kitchen facilities” for purposes of this definition.
v.Patron. A person who pays a fee to the owner, operator, keeper or proprietor of the lodging services for the right to occupy one or more rooms.
(5)Provisions applicable to lodging services.
i.No more than 5% of rooms in lodging services shall have fixed cooking appliances and/or kitchen facilities. If more than 5% of the rooms contain fixed cooking appliances and/or kitchen facilities, such lodging services shall be deemed extended stay lodging services, and subject to the regulations for extended stay lodging services.
ii.No lodging services may be converted to and operated as extended stay lodging services unless the lodging services is in full compliance with each of the provisions applicable to extended stay lodging services, including but not limited to having the appropriate zoning for the property upon which the lodging services is located.
iii.All lodging services must staff the lobby with a bona fide employee or manager 24 hours a day.
iv.No owner, operator, keeper, proprietor or employee of lodging services shall provide lodging at an hourly rate.
v.No owner, operator, keeper or proprietor of lodging services shall designate more than three rooms for the purpose of allowing bona-fide employees and their family to reside on the premises.
vi.Maximum length of occupancy.
vii.No lodging services located within the City shall allow any person to stay at such lodging services for more than 15 consecutive days, nor more than 30 days during a 180-day period unless one of the following criteria apply.
A.Where there is a written agreement between lodging services and a business entity or governmental agency to house employees/contractors and family of employees/contractors of such business entity or governmental agency during times that said employees/contractors are performing services for such business entity or governmental agency; or
B.Where there is documentation, consistent with HIPAA privacy rules, that a Patron and/or Guest(s) are family of or providing care for a patient who is admitted at a local hospital or other medical care facility; or
C.Where an insurance company or governmental agency has provided documentation that a Patron and/or Guest has been displaced from the Patron and/or Guest’s home by a natural disaster or fire.
viii.Each room at lodging services shall be accessed through an interior hallway, and no person shall have access to the exterior of the building except through the central lobby or as otherwise determined by fire codes.
ix.Each room at lodging services shall have a minimum of 300 square feet.
x.Any outdoor recreational areas provided by lodging services shall be located to the rear or side of the building.
xi.A fixed cooking appliance in any room at lodging services shall have a maximum 60-minute automatic power-off timer for each such appliance.
xii.Inspections of rooms and business records of lodging services may be performed by sworn officers of the City Police Department or the City Code Enforcement and their designated employees for the purpose of verifying compliance with the requirements of this section and state law.
(6)Recordkeeping and registration requirements for lodging services.
i.Every owner, operator, keeper or proprietor of any lodging services shall keep a record of all rental agreements between the lodging services and all Patrons and Guests and make these records available to the City upon request. For purpose of this subsection, the term “record” shall include the electronic registration system of the lodging services which stores Patron and Guest identifying information. In the event the lodging services does not have an electronic registration system, the lodging services shall manually record the Patron and Guest information in a paper record or registration book.
ii.The following information, at a minimum, must be recorded at the time of registration and maintained for a period of not less than 180 days after the rental agreement’s termination:
A.The number of occupants.
B.The full name and phone number of the person responsible for payment.
C.The room number assigned to each Patron and Guest.
D.The day, month, year and time of arrival of each Patron and Guest.
E.The day, month, and year each Patron and Guest are scheduled to depart.
F.Upon departure, record of departure day, month, and year for each Patron and Guest.
G.The rate charge and amount collected for rental of the room.
iii.No person shall procure or provide lodging in any lodging services, through misrepresentation or production of false identification, or identification which misrepresents the identity of the person procuring or sharing in such lodging.
iv.All information required to be maintained pursuant to this section shall be provided to any federal, state, or local sworn law enforcement officer having the lawful power to arrest, upon demand of the officer and a representation by said officer that a reasonable suspicion exists that such information is relevant to a then-pending inquiry or investigation. Nothing in this requirement shall be construed as giving any such officer any greater right or license to enter a room or invade privacy that the officer shall otherwise possess as a matter of law, probable cause, constitutional law, statutory right, or warrant.
(c)Hotel or motel, extended stay.
(1)In addition to those standards in Section 9-9-7-8(b) above, the following shall apply to all extended stay hotels or motels:
i.The minimum lot size shall be 2 acres.
ii.A lobby at least 700 square feet in size shall be provided.
iii.Maximum length of occupancy may be extended when official documentation is provided from a local non-profit housing agency or shelter that no alternative housing is available for the patron or guest.
iv.A buffer at least 50 feet in width shall be provided when adjacent to a residential district or use.
A.Buffers shall be comprised of a 25-foot undisturbed natural buffer adjacent to the property line. The remainder of the buffer may be natural or landscaped in accordance with Section 13-1-3.
§ 9-7-9
Personal Service.
(a)Animal Care, indoor.
(1)All indoor animal care shall be contained in a completely enclosed soundproof indoor facility.
(2)Outdoor elimination areas shall not be located within 25 feet of any residential district or use.
(b)Animal Care, outdoor.
(1)Outdoor areas for animals shall not be located within 50 feet of any residential district or use.
(2)Outdoor areas for animals shall be enclosed by a solid wood, composite or vinyl fence or masonry wall a minimum height of 6 feet, or by a building, or combination wall or fence and building.
§ 9-7-10
Retail Sales.
(a)Artisan Workshop.
(1)Workspaces for manufacturing or fabrication may occupy no more than 2,500 square feet of floor area.
(2)Only products made on the premises may be sold on the premises.
(3)The operation shall not result in noise, electrical interference, vibration, smoke, gas, fumes, odor, dust, fire hazards, or other injurious or obnoxious conditions detectable to the normal human senses off the premises.
(b)Hookah and Vapor Consumption.
(1)Purpose and Findings.
i.The governing body finds that the use of hookah pipes, electronic cigarettes, vape pens, and other similar devices, and the activities associated with such businesses, have been associated with increases in odors, noise, vapors, second-hand smoke, parking impacts, loitering, and disturbances in the peace.
The purpose of this section is to prevent the overconcentration of this land use and to mitigate the negative impacts associated with this land use.
ii.The governing body also finds that smoking and vaping land uses expose minors to dangerous secondhand-smoke by-products and increase the potential for minors to associate smoking of hookah pipes, electronic tobacco devices, and vaping devices with a normative or healthy lifestyle.
iii.The U.S. Food and Drug Administration conducted laboratory analysis of electronic cigarette samples and found them to contain carcinogens and toxic chemicals to which users and bystanders could potentially be exposed, suggesting that the same health and public nuisance concerns present with conventional cigarettes exist with electronic cigarettes.
iv.The U.S. Centers for Disease Control and Prevention reports that smoking a hookah has many of the same health risks as cigarette smoking; that hookah use by youth is increasing; that the charcoal used to heat hookah tobacco can have negative health risks because it produces high levels of carbon monoxide, metals, and carcinogens; that hookah smokers may absorb more of the toxic substances also found in cigarette smoke than cigarette smokers do; that secondhand smoke from hookahs can be a health risk for nonsmokers;
and that new forms of electronic hookah smoking are now on the market and very little information is available on the health risks of electronic tobacco products.
v.Chapter 3-7 the Code of the City of Gainesville, Georgia entitled “Smokefree Air” bans smoking in all enclosed public places, subject to certain exceptions.
In addition, the State of Georgia further regulates smoking in public areas under the Georgia Smokefree Air Act of 2005.
(2)Applicability.
i.The provisions of this section shall apply in addition to other regulations of the City’s Code of Ordinances and ULDC. In the event of a conflict between other sections and this section, this section shall control.
ii.The provisions of this section which apply to “nonconforming use,” as defined by this ULDC, shall apply to new facilities established after December 17, 2019.
All legal, code-compliant hookah, e-cigarette, and vapor lounges/bars currently located in the City shall become legal, nonconforming uses, and as such must comply with the regulations set forth in Chapter 10-3.
(3)Operational and Development Standards.
i.Any hookah and vapor consumption use shall be located at least 500 feet from any other hookah and vapor consumption use, smokers’ lounge, smoke shop, tobacco shop, and/or alternative nicotine product shop.
ii.Any hookah and vapor consumption use shall be located at least 1,000 feet from any public or private K-12 school or daycare, library, church, community or recreation center, liquor store, adult entertainment establishment, tattoo parlor, pawnshop, bar or nightclub, card room, check cashing business, park, or residential zoning district.
iii.Any hookah and vapor consumption use shall operate in compliance with all federal, state, county, and local laws and regulations.
iv.No persons under 18 years of age shall be permitted within a hookah and vapor consumption establishment, including as employees. All employees must be at least 18 years of age. Business owners or operators shall require proof of identification to verify the age of customers, visitors, and employees.
v.All business-related activity, including smoking, shall be conducted entirely within a building. Outdoor seating, operating outdoor barbecues, and/or lighting coals outdoors shall not be permitted.
vi.No admission charges, including a cover charge or minimum purchase requirement, shall be permitted.
vii.Food and beverages, including alcoholic beverages and prepackaged food and beverages, shall not be sold, served, or consumed on the premises.
viii.No window coverings or signage shall prevent visibility of the interior of the establishment from the outside during operating hours.
ix.Adequate ventilation must be provided in accordance with all standards imposed by the building official and fire department, and any other requirements applicable to the establishment by state or federal laws. The requirements imposed by the building official or fire department may be more comprehensive than current building codes to prevent negative health and nuisance impacts on neighboring properties, including a requirement for a separate system to prevent smoke and vapors from migrating to adjoining suites or buildings and to outdoor public areas.
(c)Ice Vending Machine, commercial.
(1)Commercial Ice Vending Machines are not permitted within the Midland Overlay District or Historic Overlay District.
(2)Operational and Development Standards.
i.Only one ice vending machine shall be allowed on any single parcel.
ii.No such use shall not be located within 1,320 feet (¼ mile) of an existing commercial ice vending machine.
iii.Shall be at least 100 feet, in any direction, from any residential property and must be screened and not visible from an adjacent residential property.
iv.Shall not be less than 30 square feet and not more than 250 square feet in size.
v.Shall only be allowed on a site occupied by another principal use.
vi.Shall be located no more than 5 feet from principal use structure.
vii.Shall front an arterial, collector or higher classified roadway.
viii.Shall not be located on any required parking spaces or drive aisles.
ix.Shall provide a minimum of two off-street parking spaces.
x.Signage shall be permitted on any two sides of the unit only and shall not exceed one square foot for each linear foot of unit wall as measured along the longest wall. In no case shall permitted signage exceed 20 square feet per side.
xi.A trash receptacle with a minimum capacity of at least 30 gallons shall be placed adjacent to each ice vending unit. Such receptacle shall be properly maintained and emptied by the ice vending unit owner or their designee at least once every two days.
xii.By receipt of permit, the owner shall authorize the City of Gainesville to remove any ice vending unit upon abandonment or discontinuation of use after a period of 45 consecutive days as determined by the Building Official.
If removed at the City’s expense, a lien may be placed on the ice vending unit and charged to the owner.
§ 9-7-11
Self-service Storage Facility.
(a)Vehicular access shall only be provided from an arterial or collector street.
(b)The minimum lot size is 2 acres, and the maximum developed area is 4 acres.
(c)Individual storage units shall not exceed 800 square feet in area and shall not be used for the storage of hazardous materials or toxic substances.
(d)The use of individual storage units as a dwelling or for the sale of goods or products is prohibited.
(e)No individual building shall be more than 200 feet long.
(f)Fencing adjacent to a public right-of-way shall be required and shall be an architecturally finished wall or solid wood, composite or vinyl fence. Fences placed on the remainder of the site may be black vinyl-coated chain-link.
(g)Hours of operation are limited to the hours of 5:00 a.m. to 12:00 a.m. This does not include any on-site employee considered necessary for the security of the facility.
§ 9-7-12
Vehicular.
(a)Fuel Sales.
(1)No structure shall be located within 100 feet of any residential district or use.
(2)Pumps shall be set back at least 25 feet from any street right-of-way line.
(3)Fuel pump canopies are subject to the following:
i.Canopies shall not exceed 18 feet in height as measured to the bottom of the canopy.
ii.Canopies shall be compatible with the color, texture, material, and architectural design of the principal structure.
iii.Support structures such as columns shall be faced in brick or stone.
iv.Fuel canopies shall not be internally illuminated, except that signs attached to canopies may be illuminated in accordance with Article 14.
(b)Truck Stop.
(1)All uses other than the dispensing of fuel or other accessory vehicle services must be contained within a single principal building. Such building may contain a convenience store, restaurant, recreation lounge, restroom facilities, and showers.
(c)Vehicle Sales or Leasing, new.
(1)The minimum lot size is 2 acres.
(2)Establishments that sell, rent, or lease automobiles must provide a parking plan to the Director for review and approval. Such plan shall indicate areas for employees, patrons, and inventory and must be clearly marked in accordance with Section 13-4-4.
(3)Parking or storage of vehicles for sale, rent, or lease in customer parking areas, unloading zones, landscape strips, or in any other grass or unpaved area is not permitted. Vehicles may be displayed in a building functioning as a showroom.
(4)Adequate space must be allocated and reserved on the site for the unloading of vehicles. Loading areas must be indicated on the parking plan.
(5)The minor service and repair of vehicles sold on the property is permitted as an accessory use provided that such activity is conducted within an enclosed building or service bay. The use of a temporary structure such as a canopy, shed or similar structure for the servicing of vehicles is not permitted.
(6)When abutting a residential zoning district or use the following shall apply:
i.Vehicle sales establishments require submittal and approval by the Director of a lighting plan demonstrating compliance with the requirements of Chapter 13-7.
ii.In addition to the standards of Section 9-10-13, the outdoor storage of vehicles must be setback at least 50 feet from any side and rear property line.
iii.A natural buffer at least 25 feet in width shall be provided.
iv.Outdoor loudspeakers are not permitted.
(d)Vehicle Sales or Leasing, used.
(1)The standards for new vehicle sales or leasing will apply except as otherwise listed below:
i.The minimum lot size is 1.5 acres.
(2)The lot must contain a permanent structure to be used as a business or sales office. The use of a temporary structure such as a canopy, shed or similar structure is not permitted
(3)Vehicle display areas may not be artificially elevated above the general topography of the site.
(4)No used vehicle sales or leasing establishment may be located within 1,320 feet of another vehicle sales or leasing establishment, new or used, as measured along the public right of way from closest property line to closest property line.
(5)The minor service and repair of vehicles sold on the property is permitted as an accessory use provided that such activity is conducted within an enclosed building or service bay. The use of a temporary structure such as a canopy, shed or similar structure for the servicing of vehicles is not permitted.
(e)Vehicle Service and Repair, minor.
(1)The minimum lot size is 1 acre.
(2)Establishments for minor vehicle service and repair must provide a parking plan to the Director for review and approval. Such plan shall indicate areas for employees, patrons, and inventory and must be clearly marked in accordance with Section 13-4-4.
(3)The outdoor storage of vehicles outside of standard operating hours is not permitted.
(4)A landscape strip at least 10 feet in width shall be installed along the side and rear property lines.
(f)Vehicle Service and Repair, major.
(1)The minimum lot size is 2 acres.
(2)Establishments for major vehicle service and repair must provide a parking plan to the Director for review and approval. Such plan shall indicate areas for employees, patrons, and inventory and must be clearly marked in accordance with Section 13-4-4.
(3)No major vehicle service and repair establishment is permitted within 1,320 feet of another major vehicle service and repair establishment, new or used, as measured along the public right of way from closest property line to closest property line.
(4)The outdoor storage standards of Section 9-10-13 apply.
(5)A landscape strip at least 25 feet in width shall be installed along the side and rear property lines. A natural buffer may be substituted upon approval from the Director.
(6)When abutting a residential district or use the following shall apply:
i.The outdoor storage of vehicles must be setback 50 feet from any side and rear property line.