Grayson › Zoning Ordinance

Article 11 — District Regulations

current as of 2025-02-17verified current · checked 2026-08-24Officialofficial source ↗14 sections · full chapter

§ 1100

GENERAL USE REGULATIONS

A.Table of Permitted and Special Uses. The uses set forth in the table below shall be permitted only as listed within each zoning district and only in the manner so listed. Any uses not listed in said table shall be prohibited, except as contained herein. Additionally, for any use not listed in said table, the Administrative Officer shall have the authority to determine the most appropriate zoning district (s) and/or Special Use Permit requirements for such use, after receiving documentation from the property owner adequately outlining and describing the specific details of the proposed use.

1.P: A permitted use.

2.S: A use requiring a Special Use Permit subject to approval following the application procedures and requirements.

3.A: An accessory use subject to the requirements specified and generally applicable to accessory uses.

B.Any use not listed with the letter P, S, or A in a particular zoning district shall be prohibited in that zoning district, unless it is a non-conforming use lawfully established prior to the effective date of the ordinance or amendment that rendered it legally non-conforming.

C.Any use listed with a Y in the column headed by the words “Supl. Use Stds.” in the table below shall satisfy the applicable supplemental use standards established in Section 1101, in addition to the development regulations of the district in which it is located.

D.Those uses marked with an asterisk (*) in the Table of Permitted and Special Uses shall not exceed two thousand five hundred (2,500) square feet of floor area.

E.For all telecommunications antennas and towers requirements see Article XVI.

F.No outdoor storage is permitted except as specified herein.

G.Those uses marked with a double asterisk (**) in the Table of Permitted and Special Uses shall not be allowed in the Uptown Center Overlay District.

H.Those uses marked with a triple asterisk (***) in the Table of Permitted and Special Uses shall only be allowed in the Grayson/Highway 20 Overlay District southeastward of the intersection of Herring Boulevard to the city limits.

I.For permitted and special uses in the PUD zoning district, refer to section 1112.

J.Accessory uses.

1.Accessory uses for commercial development shall include those normally appurtenant to such development, as provided for in other sections of this Ordinance.

2.Any accessory use normally appurtenant to a permitted use shall be allowed provided such use shall conform to all performance standards set forth for this district.

Table of Permitted and Special Uses Uses Stds. Supl. Use R-100 R-100 Mod CS MH RM OI C-1 C-2 C-3 M-1 Agricultural and Rural Recreation Uses Agricultural Uses (crop or Y P animal production)

Beekeeping Y P Community Garden Y P P P P P Country Clubs and Golf Y S Courses Equestrian Facility, Riding Y S Stables or Academy Fishing Club or Fishing P P Pond Farm Winery Y S Forestry and Logging S Golf Driving Range S S P P Greenhouse or Plant P P P Nursery (wholesale)

Kennel or Pet Boarding P P P P Livestock Sales Pavilion Y P or Auction Facility Livestock, keeping of (for Y P personal utility)

Shooting and Archery Ranges and similar S S S outdoor recreation facilities Wild Animals, keeping of Y S Commercial and Retail Uses Adult Entertain. Est. Y S S S Ambulance or Medical S P P Transport Company Antique Shop P* P P P P Appliance Repair Shop P* P P P P Art and School Supply P* P P P P Store Auction House P P P Uses Stds. Supl. Use R-100 R-100 Mod CS MH RM OI C-1 C-2 C-3 M-1 Commercial and Retail Uses Automatic Teller Machine P* P P P P Automobile Accessories P P P Sales & Installation**/*** Automobile Auction**/*** S P P Automobile Body Repair P P and Painting**/*** Automobile Y P P P P P Brokerage**/*** Automobile Customization, P P Modification and Rebuilding**/*** Automobile Parts Store S P P (with Installation)**/*** Automobile Parts Store P P P (without Installation)**/*** Automobile Repair Shop, Lubrication and Tire S P P Store**/*** Automobile Sales and Y S P P Related Service**/*** Accessory Uses and A A A A A A A A A Structures Bed and Breakfast Inn Y P* P P P P Bicycle Shop P* P P P P Billboard or Oversized Y S S S Sign Boat and Marine Equipment Sales and P P Service Book, Music and Media P* P P P P Store Building Materials Sales P (wholesale)

Brewpub Y S S S Building Materials Sales Y P P P (retail)

Camera/Photographic P* P P P P Supply Store Uses Stds. Supl. Use R-100 R-100 Mod CS MH RM OI C-1 C-2 C-3 M-1 Commercial and Retail Uses Car Wash (express- P P P service)**/*** Car Wash and/or Detailing P P P (full-service)**/*** Car Wash (self-service)**/*** P P P Catering Service Y P P P P P P Cellular Phone Store P P P Check Cashing or Payday Y S Loan Facility Clothing, Apparel and P P P P Shoe Stores Convenience Store (with or without fuel Y P P P P pumps)**/*** Copy, Blueprint or Printing P P P P Shop Department Store Y P P P Discount Department Store, Big-Box Specialty Y P P P Store or Supercenter Dollar or Variety Store P P P P Driving Instruction P P P DUI School P P P P P Electronics or Computer P P P P Stores Emissions Inspection Y P P P Station**/*** Farmer’s Market (off-site Y P P P P P products)

Farmer’s Market (on-site S products only)

Fireworks Sales, principal Y S S S S use Fireworks Sales, ancillary Y P P P P use Florist or Flower Shop P P P P Food Store, Specialty (butcher, greengrocer, P P P P bakery Uses Stds. Supl. Use R-100 R-100 Mod CS MH RM OI C-1 C-2 C-3 M-1 Commercial and Retail Uses Funeral Home Y P P P Furniture or Home P P P Furnishings Store Garden Supply Center Y P P P P Gift Shop or Greeting P P P P Card Shop Grocery Store P P P P Growler Shop Y S S Hair Salon, Beauty Parlor P P P P P or Barber Shop Hardware Store P P P P Health Club, Spa or P* P P P Fitness Center Home Improvement Store P P P P Hookah/Vapor Bar or Y S S S Lounge Hotel or Motel Y P P P Interior Decorating Shop P* P P P P Jewelry Store P P P P Laundry or Dry Cleaners P P P P Lawn and Garden Equipment Sales and Y P P P Service Locksmith P P P Lounge or Nightclub S S Massage, Therapeutic Y S S S Motorcycle, Scooter and ATV Sales and Related S P P Service**/*** Motorcycle, Scooter and S P P ATV Service Repair**/*** Motorcycle Parts, Apparel and Accessories P P P Store**/*** (without installation)

Movie Theater, Cineplex P P P or Multiplex Uses Stds. Supl. Use R-100 R-100 Mod CS MH RM OI C-1 C-2 C-3 M-1 Commercial and Retail Uses Musical Instrument Store P* P P P P Outdoor Sales, Storage or S S S Display (retail)

Palm/Psychic Reading S S S and Fortune Telling Parking Garage or Lot Y A A A A A Pawn Shop S Pet Grooming P P P P Pet Shop or Pet Supply P P P P Store Pharmacy or Drug Store P P P P P Pools or Billiards Halls Y S S S Precious Metals Dealer Y P P P Recreation and Entertainment Facility P P P (indoor)

Recreation and Entertainment Facility S S S (outdoor)

Recreational Vehicle Park S S or Campground Recreational Vehicle Rental, Sales and P P Service**/*** Rental, Automobile**/*** Y P P P Rental, Furniture and P P P Electronics Rental, Heavy and Farm P P Equipment Rental, Light Equipment P P and Tool Rental, Truck and S P P Trailer**/*** Repair Shop, Electronics P P P and Small Appliance Repair Shop, Shoe and P P P Leather Restaurant (coffee, doughnut Y P* P P P P shop or ice cream parlor)

Uses Stds. Supl. Use R-100 R-100 Mod CS MH RM OI C-1 C-2 C-3 M-1 Commercial and Retail Uses Restaurant (drive in or P P P drive-thru fast food)

Restaurant (full service) P P P Retail Sale of Package S Distilled Spirits Self-Storage or Mini Y S P P Warehouse Facility Shooting Ranges, Indoor P Signs in accordance with A A A A A A Article XIV Smoke Shop or Novelty S S S Shop Sporting Goods Store P* P P P Sports Training Facility P* P P P (indoor)

Sports Training Facility S S S (outdoor)

Stone Yard or Stone S S P Cutting Studio, Art P* P P P P Studio, Dance or Martial P* P P P P Arts Studio, Photography P P P P P Swimming Pool Sales Y P P P Facility Swimming Pool Supply P P P Store Tailor, Dressmaker, P* P P P P Sewing Shop Tanning Salon P* P P P Tattoo and Body Piercing S S S Parlor Taxi or Limousine Service P P Title Loan Facility S Toy Store, Hobby Shop or P* P P P P Game Store Travel Agency P P P P P Uses Stds. Supl. Use R-100 R-100 Mod CS MH RM OI C-1 C-2 C-3 M-1 Commercial and Retail Uses Truck Sales, Leasing and/or Service, Y S S S Heavy**/*** Wholesale Membership P P P Club Wine Center P P P Industrial and Manufacturing Uses Alcoholic Beverage P Plant/Distillery Automobile or Truck Storing Lot (excl. junk/ Y P wrecked vehicles)

Baking Plant P Beverage Bottling Plant P Brewery Y S Bulk Storage Tank P (accessory use)

Bulk Storage Tank S (principal use)

Cabinet Shop P Call Center P P P Caretaker or Watchmen A A A A A Quarters (accessory)

Carpet and Upholstery P P P Cleaning Service Cement, Concrete or S Masonry Plant Chemical Plant (non- S pharmaceutical)

Clothing, Apparel or Shoe P Manufacturing Cold Storage Plant P Composting Facility (yard Y P trimmings)

Contractor’s Office, Y P P P Building Construction Contractor’s Office, Heavy Y P P P Construction and/or Logging Uses Stds. Supl. Use R-100 R-100 Mod CS MH RM OI C-1 C-2 C-3 M-1 Industrial and Manufacturing Uses Contractor’s Office, Y P P P P Landscape Contractor’s Office, Y P P P Specialty Trade Convention Facility P P P Data Center P P P Depot / Passenger S P P Terminal (bus or rail)

Distillery Y S Distribution Facility P Die Casting Works P Electronics Waste (e-waste) Collection/ P Recycling Explosives Plant / Storage S Feed Processing Facility S Fertilizer Plant S Food Processing/ Packaging/Canning Plant P (other than poultry/meat processing)

Heavy Equipment or Farm Equipment Sales or S Service**/*** Ice Manufacturing/ P Packing Plant Janitorial and Maid P P P Services Laboratory (medical or P P P dental)

Laboratory, Research and P Testing Facility Laundry/Dry Cleaning P Plant Lawn Treatment Service P P P Liquid Waste S Treatment/Recycling Uses Stds. Supl. Use R-100 R-100 Mod CS MH RM OI C-1 C-2 C-3 M-1 Industrial and Manufacturing Uses Machine Shop P Maintenance Shop S S S (automobile or truck fleet vehicles)**/*** Manufactured Building or Y S P P Mobile Home Sales Manufacturing or P Assembling Plant Movie Studio P P Moving Company P Outdoor Storage (other Y A A A than junk/salvage yards)

Parking of Trucks Over 6 Wheels for more than loading/unloading and A longer than 12 hours at a time Pest Control/ S P P P P Extermination Business Pharmaceutical S Manufacturing Plant Photo Processing Plant P Plastics Extrusion Plant P Plumbing Equipment P P P Dealer Poultry/Meat Processing S Plant Printing, Bookbinding or P Publishing Plant Radio or Television P P P Station/Studio Railroad Repair or S Storage Yard Recording/Rehearsal P P P Studio Recovered Materials Y S Processing Facility Research or Testing P Facility (indoor)

Uses Stds. Supl. Use R-100 R-100 Mod CS MH RM OI C-1 C-2 C-3 M-1 Industrial and Manufacturing Uses Research or Testing S Facility (outdoor)

Salvage Operation or Junk Y S Yard Sawmills and Logging S Facility Scrap Tire Processing, S Grinding or Retreading Self-Service Ice Manufacturing/Vending S S S Machine Septic Tank Pumping S Company Soft Drink Bottling/ P Distribution Plant Taxidermist S P P Textile or Carpet Factory P Towing/Wrecker Service S and Impound Lot Tree Service and Log P P Splitting Truck Terminal or S Intermodal Terminal Trucking and Hauling (dirt, gravel, sand, etc.; incl. S stockpiling)

Upholstery Shop P P P Welding Shop P Wholesaling and Warehousing (accessory P retail <15%)

Wood Chipping and Y P P Shredding, Log Splitting Office, Institutional and Cultural Uses Acupuncture P P P P P Animal Hospital or P* P P P P Veterinary Clinic Uses Stds. Supl. Use R-100 R-100 Mod CS MH RM OI C-1 C-2 C-3 M-1 Office, Institutional and Cultural Uses Art Gallery P* P P P P Bank or Financial Services P* P P P P Institution Blood Plasma Donation S P P P P Center Cemetery or Mausoleum Y P* P P P P Cemetery, Family Y P* P P P P Club, Lodge or Fraternal P* P P P P Organization Community Center or P* P P P P Cultural Facility Corporate Training and P P P P P Education Centers Counseling Center P P P P P Crematory Y S Hospice Home S P P P Hospital P P Human Services Ministry P P P Medical Office or Clinic P P P P P Meditation Center P* P P P P Museum or Library P* P P P P Nursing Home P P P Office (business) P P P P P Office (professional) P P P P P Office Park P P P P P Office/Showroom Facility P P P Place of Worship P* P P P P Residential Rehab. Center S S S S S School or College, Business/Career (for P P P P P profit)

School, Montessori P P P P P School, Private (College Y P P P P P or University)

School, Private (Primary P P P P P or Secondary)

School, Trade or Vocational P P P P P Uses Stds. Supl. Use R-100 R-100 Mod CS MH RM OI C-1 C-2 C-3 M-1 Office, Institutional and Cultural Uses Shelter, Community Y S S S Shelter, Residential Y S S S Special Events/Banquet Y S P P P P P Facility or Rental Hall Stadium, Concert Hall or P P P P P Amphitheater Tutoring and Learning P P P P P Centers Residential Uses Child Caring Institutions Y S (CCI)

Commercial Recreational Facilities Associated with Y A A A A a Subdivision Development Community Living Arrangement or Host Y S Home (CLA)

Customary Home Y P P P P P Occupation Family Child Care Y S S S S S Learning Homes Child Care Learning Y P P P P P Centers Dormitory P P P Dwelling, Boarding or Y S S S Rooming House Dwelling, Duplex Y P Dwelling, Live/Work Y Dwelling, Loft Y Dwelling, Mobile or P Manufactured Home Dwelling, Multifamily P Dwelling, Townhouse Y P Dwelling, Single-Family P P P P Detached Dwelling, Villa Y P Uses Stds. Supl. Use R-100 R-100 Mod CS MH RM OI C-1 C-2 C-3 M-1 Residential Uses Dwelling, Zero Lot Line Y Parking of Recreational A A A A Equipment Personal Care Home, Y P P P P P Congregate (not family)

Retirement Community, P P P P P Continuing Care Retirement Community, Y S Independent Living

K.Space dimensions. The following table outlines the space dimensions for each zoning district.

the particular property.

3.All remaining regulations established for each individual district are provided in the following sections.

Space Dimensions Table

Dimension	R-100	R-100 Mod	CS	MH	RM	OI	C-1	C-2	C-3	M-1	PUD
Minimum Lot Area	32,000 sf	10,500 sf	None	Sec 1104	Sec 1105	None	None	None	None	1 AC	Sec 1112
Minimum Lot Width	100 ft	80 ft	60 ft avg.	Sec 1104	100 ft	None	None	None	None	100 ft	Sec 1112
Maximum Height of Building	40 ft	40 ft	40 ft	Sec 1104	40 ft	40 ft	40 ft	40 ft	40 ft	40 ft	Sec 1112
Minimum Rear Yard	40 ft	30 ft	20 ft	Sec 1104	40 ft	15 ft	15 ft	15 ft	15 ft	15 ft	Sec 1112
Minimum Rear Yard (non-residential districts adjacent to residential; per Buffer Specifications Table, Section 1202)	None	None	None	Sec 1104	40 ft	40 ft	40 ft	40 ft	40 ft	40 ft	Sec 1112
Minimum Side Yard	10 ft	10 ft	5 ft	Sec 1104	10 ft	10 ft	10 ft	10 ft	10 ft	20 ft	Sec 1112
Minimum Side Yard (non-residential districts adjacent to residential)	None	None	None	Sec 1104	None	20 ft	40 ft	40 ft	40 ft	40 ft	Sec 1112
Minimum Side Yard, Street Side Corner	40 ft	25 ft	20 ft	Sec 1104	40 ft	35 ft	35 ft	35 ft	35 ft	35 ft	Sec 1112
Maximum Ground Coverage	None	None	None	Sec 1104	40%	70%	70%	90%	90%	75%	Sec 1112
Minimum Open Space	None	30%	40%	Sec 1104	20%	20%	20%	20%	20%	10%	Sec 1112

Grid rebuilt from the published table · verbatim source (p. 76) ↗

§ 1101

SUPPLEMENTAL USE STANDARDS

A.Purpose and Intent:

1.The purpose of these Supplemental Use Standards is to supplement the Table of Permitted and Special Uses by providing more specific standards for certain uses for which additional use restrictions, site development and/or design standards are necessary to ensure that they will be compatible with surrounding uses, have minimal impact on the environment, promote the health, safety and welfare.

2.These standards apply to specific uses in all zoning districts (unless otherwise noted) and shall be enforced by the City.

3.Any use that is regulated by this Section and is authorized in a zoning district shall be developed in conformity with the applicable Supplemental Use Standards for that use provided in this Section. No permit shall be issued for a use, building or structure that does not conform to applicable provisions of this Section; except that, where any requirement of the Supplemental Use Standards conflicts with a condition of rezoning, special use permit or other action of the City Council after adoption of this Section, the condition shall prevail.

B.Applicability:

1.The uses, structures and related standards listed in the following subsection are in alphabetical order.

2.The Supplemental Use Standards listed in the following subsection are applicable as indicated in the Table of Permitted and Special Uses as requiring Supplemental Use Standards.

C.Supplemental Use Standards (Per Table of Permitted and Special Uses).

The rules, requirements and restrictions listed in this subsection are applicable as indicated in the Table of Permitted and Special Uses as requiring Supplemental Use Standards.

1.Adult Entertainment Establishment.

Adult Entertainment Establishments shall obtain a Special Use Permit, and conform to the City’s Adult Entertainment Ordinance.

2.Agricultural Uses (crop or animal production).

In the R-100 zoning district: corrals, stables, barns, pens, coops, chicken houses, and other similar animal quarters shall be located no closer than 100 feet to any property line.

3.Automobile, Truck or Vehicle Storage Lot (other than impound lot).

Automobile, Truck or Vehicle Storage Lots shall be subject to the following requirements and restrictions:

a.The entire lot shall be surrounded by a 15-foot in depth buffer adjacent to any public street, a 25-foot in depth buffer adjacent to a non-residential zoning district, and a 50-foot in depth buffer adjacent to any mixed-use or residential zoning district.

b.A security fence or wall is required enclosing the lot.

c.No outdoor sound amplification device is permitted.

d.No inoperable or junk vehicles are permitted.

e.Outdoor lighting shall consist of cut-off luminaires that shall be directed inward so as not to direct light onto adjacent residential property. When adjacent to residentially-zoned property, any outdoor light fixtures shall not exceed 35 feet in height.

4.Automobile Brokerage.

Automobile Brokers shall be subject to the following restrictions:

a.The brokerage shall be limited to office activities only.

b.Vehicles for sale or lease shall not be delivered to, displayed or parked on the premises at any time.

c.Maintenance, repair, refurbishing, washing or detailing of automobiles on the premises is prohibited.

5.Automobile Sales and Related Service** Automobile Sales and Related Service uses shall be subject to the following restrictions

a.All vehicles on the premises are kept in operating condition at all times.

b.Any repair or services activities shall be performed in an enclosed stall or vehicle bay and shall not be completed in the open.

c.All automotive sales lots, unloading zones, driveways, customer and employee parking are to be paved with asphalt or concrete, and a perimeter curb or barrier must be provided to prevent encroachment of the vehicles for sale into yards or landscaped areas.

d.No outdoor storage or parking of vehicles is allowed outside of the paved parking area.

e.Adequate space must be allocated, specifically identified, and reserved on the site for unloading of vehicles brought to the site by car carriers.

f.It shall be a violation to park vehicles for sale, rent, or lease in customer/employee parking or unloading areas.

g.A site plan must be submitted to and approved by the City that clearly shows the paved parking area and indicates the maximum number of outdoor sales vehicles that the lot can sustain. This must be keep on the premises, and it shall be a violation to exceed the maximum number of outdoor sales vehicles indicated on the approved plan.

h.Any outdoor storage shall be arranged in an orderly manner.

i.All side or rear yards shall be screened when abutting adjoining residences or adjoining residential districts in accordance with Article XII (Buffers).

j.There shall be no display or storage at any time of partially dismantled or wrecked vehicles.

k.Said lot must contain a permanent building, containing a foundation and meeting the other requirements of the Georgia State Minimum Codes for commercial buildings.

l.All outdoor lighting shall be directed so that it does not shine or spill onto adjacent properties.

m.Outdoor loudspeakers are prohibited.

n.Adequate customer parking must be provided in off-street parking spaces in accordance with the table below. The employee and customer parking shall be clearly designated and shall not be used for the parking, storage, or display of motor vehicles, for sale, rental, or hire:

Total number of vehicles permitted Customer Parking Spaces Up to 25 2 26-50 3 51 and Over 3+1 space per every 50 cars on the lot Spaces for employees shall be computed at the rate of 2 spaces for each 3 employees in the maximum working shift (full or part-time)

6.Bed and Breakfast Inn.

Bed and Breakfast Inns shall be subject to the following requirements:

a.The operator of the establishment shall reside on the site.

b.The use shall have a lot area of not less than 20,000 square feet and a floor area within the dwelling unit of no less than 2,500 square feet (expect in the OI zoning district).

c.No guest shall reside in a Bed and Breakfast Inn for a period in excess of 14 days.

d.Guestrooms may not be equipped with cooking facilities.

7.Beekeeping.

In the R-100 zoning district, beekeeping shall meet the following

a.Honey bees shall not be kept on lots containing less than ten thousand (10,000)

square feet. No more than two colonies or hives, with only two swarms, shall be allowed per ten thousand (10,000) square feet.

b.Hives shall be marked or identified to notify visitors.

c.No hive shall exceed twenty (20) cubic feet in volume.

d.No hive shall be located closer than ten (10) feet from any property line.

e.No hive shall be located closer than fifty (50) feet from a public right-of-way or twenty-five (25) feet from the principal building on an abutting lot.

f.A constant supply of water shall be provided for all hives.

g.A flyway barrier at least six (6) feet in height shall shield any part of a property line that is within twenty-five (25) feet of a hive. The flyway barrier shall consist of a wall, fence, dense vegetation or a combination thereof.

h.Any colony or hive which becomes a nuisance as defined by state law must be removed.

i.Abandoned colonies or hives and diseased bees shall be removed (this shall not prohibit the use of swarm traps).

8.Brewery Breweries may be permitted in the M-1 district upon the granting of a Special Use Permit in accordance with Article XVIII, and provided compliance with the following additional conditions:

a.Comply with the provisions of Section 6-401 of the Grayson Code of Ordinances regarding breweries.

b.Adequate space should be provided inside the brewery building(s) for the storage of bottled beer and kegs, along with empty bottles and kegs.

c.The part of the property used for storage of raw material silos and production waste silos shall be screened with a solid fence.

d.Adequate space shall be provided for the loading and unloading of materials, supplies and finished bottles and kegs.

9.Brewpub Brewpubs may be permitted in the C-1, C-2, C-3 and PUD districts upon the granting of a Special Use Permit in accordance with Article XVIII, and provided compliance with the following additional conditions:

a.Must comply with the provisions of Section 6-402 of the Grayson Code of Ordinances regarding brewpub licenses.

b.Adequate space should be provided inside the brewpub building for the storage of bottled beer and kegs, along with empty bottles and kegs.

c.Adequate space should be provided inside the brewpub building for the storage of raw materials and waste products of the brewing process.

10.Billboard or Oversized Sign.

See SECTION 1414.

11.Boarding or Rooming House.

Boarding or Rooming Houses shall be limited to no more than six non-transient boarders.

12.Building Materials Sales (retail).

Building supply centers with outdoor lumber yards or storage areas are required to screen the yards with a six feet high opaque fence.

13.Catering Service.

For catering services in residential zoned districts, see SECTION 709.

14.Cemetery, Family Cemetery or Mausoleum.

Except when accessory to a place of worship; cemeteries, family cemeteries and mausoleums shall conform to the following requirements:

a.The cemetery may front only on a street classified as a Collector or Arterial roadway or along a State Highway, and the entrance and exits to the cemetery shall only be from the classified street on which it fronts.

b.The cemetery shall be bordered by a 25-foot in depth buffer and a minimum six foot high decorative fence or wall along all of its exterior property lines not bordering the frontage street and not extending into the required front yard. The buffer strip shall be planted with evergreen trees or shrubs that grow at least eight feet tall and provide an effective visual screen. A 25-foot in depth buffer and a four foot high decorative fence or wall shall be installed along the right-of-way of any abutting public street.

c.Prior to the approval of a request to use property as a cemetery, a site plan and a covenant for perpetual care shall be submitted to the City. The covenant for perpetual care shall include measures to be undertaken to preserve, protect, and provide for ongoing maintenance including the fencing, landscaping, and gravesites.

d.The covenant for perpetual care and a plat of survey delineating the limits of the cemetery shall be recorded in the Gwinnett County Clerk of Superior Court (Deeds and Records).

15.Check Cashing Facility.

a.Such facilities are allowed by-right as an accessory use when located internal to a Regional Shopping Mall, Discount Department Store or Supercenter, Grocery Store or Convenience Store. There shall be no exterior ground, wall or window signage accompanying the accessory use.

b.Stand-alone facilities require a Special Use Permit, to be allowed in M-1 zoning district only.

16.Child Caring Institutions (CCI). (Group Home for Children).

Child Caring Institutions (CCI) facilities require the issuance of a Special Use Permit, and shall be located on a lot of at least one acre in size, and shall be limited to no more than eight residents. CCIs are to follow the rules and regulation as set forth by the Georgia Department of Human Services.

17.Child Care Learning Centers (CCLC).

CCLC shall follow the rules and regulations as set forth by the Georgia Department of Early Care and Learning.

18.Community Garden.

Community gardens shall be subject to the following requirements:

a.The garden shall not be located within any required buffer.

b.Outdoor lighting shall be prohibited.

c.The garden shall be within a fully fenced area.

d.Signage shall be limited to a single, non-illuminated sign of no more than four square feet.

e.Gardening equipment and machinery must be stored in an enclosed, secure building or shed.

f.Retail sales shall be prohibited.

g.Composting is permitted on the premises if stored in a manner that controls odor, prevents insect or rodent infestation and minimizes runoff into waterways and onto adjacent properties.

h.The garden must maintain an orderly appearance, and may not be neglected or allowed to become overgrown or eroded.

i.If a community garden ceases operation, and is no longer desired by the owners, it shall be stabilized with grass, trees and/or shrubbery in accordance with a plan submitted for approval by the City Planner.

19.Community Living Arrangement (CLA) or Host Home.

Community Living Arrangement (CLA) facilities and Host Homes require the issuance of a Special Use Permit, and shall be located on a lot of at least 1 acre in size, and shall be limited to no more than eight residents.

20.Composting Facility, Yard Trimmings.

Yard Trimmings Composting Facilities shall meet the following design standards:

a.Composting materials shall be limited to tree stumps, branches, leaves, and grass clippings or similar putrescent vegetative materials, not including animal products, inorganic materials such as bottles, cans, plastics, metals, or similar materials.

b.Along the entire road frontage (except for approved access crossings), and along the side and rear property lines, provide a 3-foot high landscape earthen berm with a maximum slope of three to one and/or a minimum 6-foot high, 100 percent opaque, solid wooden fence or masonry wall. The fence/wall or berm must be located outside of any public right-of-way and interior to any landscape strip. The finished side of a fence/wall shall face the exterior property lines.

21.Contractor’s Office (building construction, heavy/civil construction/logging, landscape, or specialty trade).

No contractor’s office is to store or display equipment of materials within the front building setback, and all outdoor storage is to be screened with a six feet high opaque fence.

22.Convenience Store.

Convenience stores with fuel pumps or automated car washes are not allowed within the Uptown Center Overlay District.

23.Country Club.

In the R-100 zoning district, Country Clubs require a Special Use Permit, and shall conform to the following requirements. The property shall contain a minimum of ten acres and 300 feet of road frontage.

a.Adequate off-street parking shall be provided for the use.

b.The buildings and parking lots shall be located not less than 50 feet from any street and not less than 40 feet from any side or rear property line.

c.Any driving ranges shall be located not less than 50 feet from any street and not less than 100 feet from any side or rear property line.

24.Crematory.

(Reserved.)

25.Customary Home Occupation.

See SECTION 708.

26.Department Store; Discount Department Store or Supercenter.

Such stores may offer automobile maintenance and tire service as a by-right accessory use, provided that junked or wrecked vehicles shall not be allowed on-site, and vehicles undergoing routine service are not kept on the property for more than 48 hours.

27.Distillery Distilleries may be permitted in the M-1 district upon the granting of a Special Use Permit in accordance with Article XVIII, and provided compliance with the following additional conditions:

a.Comply with the provisions of Section 6-403 of the Grayson Code of Ordinances regarding distilleries.

b.Adequate space should be provided inside the distillery building(s) for the storage of bottled spirits, along with empty bottles and packaging materials.

c.The part of the property used for storage of raw material silos and production waste silos shall be screened with a solid fence.

d.Adequate space shall be provided for the loading and unloading of materials, supplies and finished bottles.

28.Dwelling (duplex, live/work, loft, townhouse, villa, zero lot line).

See SECTION 1112 Planned Unit development (PUD).

29.Emissions Inspection Stations.

Emissions inspection stations shall meet the following design standards:

a.The facility shall be located in a permanent non-combustible structure.

b.The structure shall include a designated indoor public waiting area (minimum three fixed seats) with restrooms; or as an alternative, shall provide the required designated indoor waiting area and restrooms upon the same lot, within 500 feet of the testing facility.

c.The facility shall provide a minimum of four paved parking spaces. Drive-through facilities shall also provide a paved stacking lane for a minimum of four vehicles.

Parking spaces and stacking lane shall be striped.

d.If constructed in an existing parking lot, the facility and stacking lane(s) shall not occupy any required on-site parking space or encroach into any minimum required driveway width.

30.Equestrian Facilities, Riding Stables, or Academies.

Stables, corrals, riding rings and other similar facilities shall be located no closer than 100 feet to any property line, and require the issuance of a Special Use Permit.

31.Family Child Care Learning Homes (FCCLH).

FCCLH require the issuance of a Special Use Permit, and shall follow the rules and regulations as set forth by the Georgia Department of Early Care and Learning.

32.Farmers’ Markets (off-site products).

See SECTION 1107. Although this section refers to the C-1 zoning district, the temporary use requirements in this section for a farmer’s market pertains to other commercial, office, and industrial zoning districts also.

33.Farm Winery Farm wineries as defined and permitted under O.C.G.A. § 3-6-21.1 may only be permitted in the R-100 district upon the grant of a Special Use Permit in accordance with Article XVIII, and provided compliance with the following additional conditions:

a.Winery is located on the same property as the vineyard, with such parcel of land being not less than five (5) acres.

b.The winery may have a total of one (1) tasting room on premises for purposes of on-site consumption of wine and related activities to the extent such additional activities are expressly provided in this Section (the “Tasting Room”).

c.The principal entrance through which vehicles will enter the premises of the winery and the Tasting Room shall be from a public road.

d.A farm winery licensee may offer samples of its wine in the Tasting Room for consumption on premises or in closed packages for consumption off the premises.

Alcoholic beverage sales for consumption on premises shall be limited to flights of individual 1.5 oz. servings of different wines produced from grapes, berries or fruits grown on site, unless otherwise approved herein.

e.The use of outdoor speakers shall not be permitted, unless otherwise approved herein.

f.Food service shall be limited to cheese and crackers, unless otherwise approved herein. No ovens, fryers, grills, burners, or other commercial kitchen equipment shall be utilized in the preparation of such food, unless otherwise approved herein.

g.A retail sales area may be included in the Tasting Room, with package sales limited to wine produced from grapes, berries, or fruits grown on-site. Retail sales other than wine shall be limited to items used in connection with the serving, storing, or display of wine, or written material describing wine or food or the experience of consuming the same, or items displaying the name and/or logo of the winery.

h.All buildings shall be subject to development standards set forth in Article X of this Ordinance, and must have an architectural appearance of a residential or agricultural building(s).

i.All operations, activities, and events unrelated to the growing, harvesting or processing of grapes, berries, or fruits on the property of the winery shall cease by 7:00 p.m. eastern standard time.

34.Fireworks Sales.

Retail sales of fireworks shall be subject to the following restrictions:

a.Sales and storage of fireworks shall comply with all applicable federal, state and local regulations.

b.The sale of consumer fireworks as a principal use shall require approval of a Special Use Permit.

c.Ancillary sale of consumer fireworks shall be limited to convenience stores, discount department stores, dollar or variety stores, grocery stores, hardware stores, pharmacy and drug stores, sporting goods stores, and wholesale membership clubs.

35.Funeral Home.

No crematories are allowed in funeral homes.

36.Garden Supply Center.

Garden supply centers and greenhouses are not to display plants, shrubs, and landscaping supplies within the front yard setback.

37.Growler Shop Growler Shop may be permitted in the C-2, C-3 and PUD districts upon the granting of a Special Use Permit in accordance with Article XVIII, and provided compliance with the following additional conditions:

a.The shop must comply with Section 6-75 of the Grayson Code of Ordinances regarding the sale of growlers.

b.Adequate space should be provided inside the growler shop for the storage of empty growlers and kegs.

38.Hookah/Vapor Bar or Lounge.

Hookah/Vapor Bars or Lounges require a Special Use Permit, and shall be subject to the following restrictions:

a.Smoking of hookah in any establishment that serves alcohol or food shall be prohibited.

b.Hours of operation shall not extend past 11:00 p.m.

c.Hookah bars and lounges shall not serve patrons under the age of 19.

39.Hotel or Motel.

Hotels and Motels shall be subject to the following requirements:

a.Guest rooms shall be accessed internally to the building with no direct room access to the outside. The lobby shall be a minimum of 700 square feet in size.

b.Each hotel/motel site shall be a minimum of two acres.

c.Each hotel/motel must provide management on duty 24 hours a day.

d.Each guest room shall have a minimum of 300 square feet and shall be accessed with a magnetic keycard entry-locking device.

e.Outside storage of commercial equipment is prohibited.

f.No business license shall be issued for any business operating from any guest room of the facility.

g.Provide a 75-foot natural buffer, enhanced with an additional 25-foot landscaped buffer (total 100 feet) adjacent to residentially-zoned property.

41.Lawn and Garden Equipment Sales and Service.

Lawn and garden equipment sales and services are not to display or work on equipment within the front building setback.

42.Livestock, keeping of (for personal utility).

See SECTION 708.

43.Livestock Sales Pavilion or Auction Facility.

Livestock Sales Pavilions or Auction Facilities shall meet the following standards:

a.Such facilities shall be located on a Principal Arterial, Major Arterial, Minor Arterial, Major Collector Street or State Highway.

b.The property shall contain a minimum of 10 acres.

c.Livestock sales pavilions, auction facilities, show rings or other arenas for the display, exhibition training or sale of live- stock, and animal quarters shall be located no closer than 100 feet to any property line.

d.Adequate off-street parking shall be provided for livestock trailers, recreation vehicles, etc., associated with the use.

e.A Special Use Permit is required if any of the following apply:

1.The property does not meet the minimum acreage or street classification requirements.

2.The event is held more than three days per month.

3.Hours of operation extend beyond 6:00pm.

4.A public address system is utilized.

5.Permanent concession facilities are provided.

6.Portable restroom facilities are provided.

7.Seating facilities for more than 100 people are provided.

8.Parking facilities for more than 50 vehicles are provided.

9.An admission fee is charged.

44.Manufactured Building or Mobile Home Sales.

(Reserved.)

45.Massage, Therapeutic.

Therapeutic massage facilities are allowed by right as ancillary uses within medical offices. Stand-alone facilities require the issuance of a Special Use Permit.

46.Outdoor Storage (other than junk/salvage yards).

(Reserved.)

47.Parking Garage or Lot.

Parking garages and lots shall adhere to the intent of Article XIII Parking and Loading Requirements.

48.Pool or Billiards Halls.

A business having three or more pool tables for patron use shall be considered a Pool or Billiards Hall.

49.Personal Care Home, Congregate (not family).

(Reserved.)

50.Precious Metals Dealer.

Precious metals dealers must adhere to the State of Georgia Code pertaining to this profession.

51.Recovered Materials Processing Facility.

Recovered Materials Processing Facilities shall meet the following design standards:

a.The minimum lot area for such facilities shall be 2 acres.

b.Activities shall be limited to collection, sorting, compaction and shipping.

c.Along the entire road frontage (except for approved access crossings), provide a 3 foot high landscaped earthen berm with a maximum slope of 3 to 1 and/or a minimum 6 foot high, 100 percent opaque, solid wooden fence or masonry wall. The fence/wall or berm must be located outside of any public right-of-way and interior to any landscaped strip. The finished side of a fence/wall shall face the exterior property lines.

d.The facility shall not be located adjacent to or across the street from any property used for or zoned for single-family residential use.

e.Lighting for such facilities shall be placed in such a fashion as to be directed away from any nearby residential areas.

f.Materials collected shall not be visible and deposited in a bin or bunker. All sorting and collection bins shall either be enclosed and have chutes available to the public or be located inside a fully-enclosed building.

g.No outdoor storage of uncontainerized materials shall be allowed.

h.Any outside storage areas shall be screened by a minimum eight foot high, solid wood fence, masonry wall or slatted chain-link fence. Materials stored outdoors shall not be placed or stacked at a height exceeding that of the screening fence.

i.The operator shall be required to submit an annual report to the City Administrator that demonstrates that during each 90 day period of operation, the amount of material that is recycled, sold, used, or reused shall equal at least 60 percent by weight or volume of the material received during that 90 day period and sixty percent by weight or volume of all material previously received and not recycled, sold, used, or reused and carried forward into that 90 day period.

52.Rental; Automobile, Truck and Trailer.

Automobile, truck and trailer rental facilities shall meet the following requirements and restrictions:

a.All vehicles shall be parked on paved surfaces or approved pervious paving materials.

b.All outdoor vehicle display areas shall be no closer than 100 feet from the nearest residence.

c.Vehicle storage, cleaning and maintenance must take place within a building or outside storage area that is screened from public view.

d.Vehicle repair, painting and body work may not be conducted on the premises.

53.Restaurant (coffee shop, doughnut shop or ice cream parlor).

Restaurants that are primarily coffee shops, doughnut shops or ice cream parlors are to have a maximum seating capacity of 50.

54.Retirement Community, Independent Living.

(Reserved.)

55.Salvage Operation or Junk Yard.

The minimum lot area for such facilities shall be 2 acres.

56.School, Private.

a.This use shall not be located except with direct access to a roadway designated as a collector or higher category on the latest Gwinnett County Long Range Road Classification Map.

b.Minimum Lot Size:

1.Elementary School: two acres, plus one additional acre for each 100 students based on the design capacity of the school.

2.Middle School: three acres plus one additional acre for each 100 students based on the design capacity of the school.

3.High School: 5 acres, plus one additional acre for each 100 students based on the design capacity of the school.

c.When adjacent to a residential zoning district, the following additional standards shall apply:

1.A 50-foot in depth natural, undisturbed buffer adjacent to residential zoning is required.

2.Driveways and parking areas must set back 25 feet from side property lines and five feet from any buffer.

3.No parking lots or outdoor lights shall be closer than 100 feet from residences on adjacent property.

4.Recreational facilities shall be located at least 100 feet from property lines of adjacent residential properties.

d.Accessory Uses and Facilities.

In addition to the accessory uses and facilities that are permitted for the zoning district in which the private school is located, additional accessory uses and facilities are permitted that are customarily associated with schools and intended primarily for the use of students, such as an auditorium, library, administrative offices, cafeteria and related kitchen and dining area, or outdoor recreational facilities.

57.Self-Storage and Mini-Warehouse Facilities.

Self-Storage and Mini-Warehouse Facilities shall meet the following restrictions and design standards:

a.Storage units shall not be used for manufacturing, retail or wholesale selling, office, other business or service use, or human habitation.

b.Site access shall not be onto roadways classified as local residential streets.

c.Outdoor speakers or sound amplification systems shall be prohibited.

d.Such a facility may include one accessory manager’s office/apartment which is clearly subordinate to the primary use of the facility for warehousing purposes.

e.Provide adequate loading and unloading areas outside of fire lanes.

58.Shelter, Residential or Community.

All shelters must meet the provisions of Rules for Shelters in Gwinnett County.

59.Smoke Shop or Novelty Shop (Reserved.)

60.Special Events/Banquet Facility or Rental Hall.

In the R-100 and C-1 zoning districts, Special Events/Banquet Facilities or Rental Halls shall obtain a Special Use Permit, and shall conform to the following requirements.

a.Such facilities shall be located on a Principal Arterial, Major Arterial, Minor Arterial, Major Collector Street or State Highway.

b.The property shall contain a minimum of 3 acres.

c.Activities shall be limited to community or private parties, gatherings or charity events; weddings, wedding receptions; showers; business functions. Other similar events may also be included, at the discretion of the City Planner.

d.Guests shall be limited to no more than 150 (subject to fire code limitations) at any one time. During inclement weather there shall be sufficient space to safely shelter guests. Adequate, permanent restroom facilities shall be provided, which shall meet the minimum requirements of the Gwinnett County Environmental Health Section and building code requirements.

e.Special event hours of operation shall be limited to between 9:00am and 11:00pm.

f.Adequate off-street parking facilities shall be provided on-site.

61.Swimming Pool Sales Facility.

Swimming pool sales facilities are not allowed to display pools or pool equipment within the front building setback.

62.Tattoo and Body Piercing Parlor (Reserved.)

63.Truck Sales, Leasing and/or Service, Heavy.

See Automobile or Truck Storing Lot requirements.

64.Wild Animals (raising and keeping of).

Any resident who keeps a wild or exotic animal shall obtain a Special Use Permit, and meet the following requirements:

a.The owner or custodian of wild or exotic animals shall obtain any and all necessary permits and meet all requirements of the State of Georgia for such activity.

b.No animal quarters may be located closer than 200 feet to any property line.

65.Wood Chipping and Shredding, Log Splitting Facility.

Wood Chipping and Shredding and Log Splitting Facilities shall meet the following restrictions and design standards:

a.Such facilities shall not be located closer than 200 feet from residentially-zoned property.

b.Along the entire road frontage (except for approved access crossings), and along the side and rear property lines, provide a three foot high landscape earthen berm with a maximum slope of three to one and/or a minimum six foot high, 100 percent opaque, solid wooden fence or masonry wall. The fence/wall or berm must be located outside of any public right-of-way and interior to any landscape strip. The finished side of a fence/wall shall face the exterior property lines.

§ 1102

R-100 SINGLE-FAMILY RESIDENCE DISTRICT

A.Minimum floor area.

1.Single-family residential structures shall be a minimum heated floor area of one thousand and eight hundred (1,800) square feet.

§ 1103

R-100 MODIFIED SINGLE-FAMILY RESIDENCE DISTRICT

A.Minimum floor area.

1.Single-story single-family residential structures shall be a minimum heated floor area of two thousand two hundred (2,200) square feet.

2.Two-story single-family residential structures shall be a minimum heated floor area of two thousand four hundred (2,400) square feet.

B.Space limits.

1.Maximum density – 2.3 units per acre.

2.Minimum density – sixteen (16) total units.

C.Sodding: All front and side yards shall be sodded, with the exception of planting beds.

§ 1103.1

CS CONSERVATION SUBDIVISION SINGLE-FAMILY RESIDENCE

DISTRICT

A.Applicability:

This stand-alone district is not applicable for individual on-site septic systems, and may only be applicable for property that uses the public sanitary sewer system. For properties which are submitted for rezoning to CS, the application shall be accompanied by a Concept Plan and Existing Features Site Analysis Plan meeting the requirements of this section.

B.Permitted Uses:

See Permitted Uses Table, Accessory Uses Table, and Special Uses Table in SECTION 1100.

C.Existing Features Site Analysis Plan:

At the time of development, or if a zoning action is proposed, and prior to preparing the Concept Plan, an Existing Features Site Analysis Plan, sealed by a registered design professional, and an Environmental Site Assessment (Phase One) report, shall be prepared by the applicant and submitted to the City Planner for review. The Existing Features Site Analysis Plan, along with Environmental Site Assessment (Phase One), shall identify areas worthy of permanent protection and areas suitable for development.

1.The Plan shall include at least the following information;

a.Delineation of streams, 100-year floodplains and wetlands including the source of this information.

b.Topography contours at intervals no greater than 4 feet.

c.Identification of tree lines, woodlands, open fields or meadows.

d.Delineation of tree resource areas by type such as hardwood, pines or mixed; and old or new growth.

e.Delineation of steep slope areas (i.e. greater than 25%).

f.Identification of historical or archeological features.

g.Identification of significant wildlife habitats and scenic vistas as identified by the Georgia Department of Natural Resources.

h.Identification of existing structures and easements.

i.Identification of Conservation Space, Open Space, or Common Space in adjacent developments.

D.Concept Plan:

At time of development or a zoning action, a Concept Plan shall be submitted by the developer for review and approval in accordance with the requirements and procedures of the Development Regulations and shall also include the following information:

1.Delineation and specifications of Conservation Space including calculations and exclusions; and any “pocket parks,” “greens,” or trail system to be constructed.

2.A typical detail on the plan including dwelling size, lot width, building setback lines, off-street parking, street trees, sidewalks, and street pavement and right-of-way width.

3.Lot width average, area and percent of floodplain specifications in tabular form; and density calculations (gross and net).

E.Conservation Space Requirements:

In order to qualify for this district, Conservation Space shall meet the following requirements:

1.Delineation: Priority shall be given in delineating Conservation Space areas as those areas of significance identified in the Existing Features Site Analysis Plan, around which the built areas are designed.

2.Undeveloped and Natural: Conservation Space shall remain undeveloped and natural except for the provision of non-motorized passive recreation opportunities such as running, walking, biking, and similar outdoor activities. Exceptions: “pocket parks,”

“greens,” “retention ponds”, and “underground storm water facility” in Conservation Space. A “pocket park” or “green” is a landscaped area larger than 0.33 acres constructed for community gathering or play or visual enhancement. “Pocket parks” or “greens” shall not exceed 20% of the total Conservation Space. At least 75% of the Conservation Space shall be in a contiguous tract. The Conservation Space should adjoin any neighboring areas of open space, other protected areas, and non-protected natural areas that would be candidates for inclusion as part of a future area of protected open space. Additionally, the Conservation Space shall maintain a minimum width of 20 feet in all areas.

F.Exclusions:

Excluded from meeting the minimum amount of Conservation Space are the following:

1.Proposed permanent lakes, streams, ponds etc.: No more than 50% of land area located within a proposed lake may be credited.

2.Recreation area improvements. Impervious surfaces in recreation areas shall not be credited.

3.Easement. Land area within power, gas pipeline easements, sewer line easements, or pump stations shall not be credited.

4.Other. Land area devoted to public or private streets or any land that has been, or is to be, conveyed to a public agency via a purchase agreement for such uses as parks, schools, or other public facilities shall not be credited.

G.Ownership:

Open space shall be owned in fee-simple by a mandatory property owner’s association; or third party(s) approved in advance by the City Council prior to transfer of land ownership.

The developer shall record the deed to the Conservation Space prior to, or concurrent with, the recording of the first final subdivision plat. An access easement following the alignment of future public streets is acceptable. However, “pocket parks” or “greens” may be deeded concurrent with the unit or phase of the final subdivision plat of which it is a part.

H.Property Owner’s Association:

The property owner’s association bylaws or covenants, at a minimum, shall contain the following provisions:

1.Governance of the association by the Georgia Property Owner’s Association Act (OCGA Section 44-3-220 et. seq.) or a successor to that Act that grants lien rights to the association for maintenance expenses and tax obligations.

2.Responsibility for maintenance of the Conservation Space.

3.Responsibility for insurance and taxes.

4.Automatic compulsory membership of all lot purchasers and their successors; and compulsory assessment.

5.Conditions and timing of transferring control of the association from the developer to the lot owners.

6.Guarantee that the association will not be dissolved without the advance approval of the City Council.

I.Maintenance:

The property owner’s association, or other entity approved in advance by the City Council, shall be responsible for the continuous maintenance of buffers, Conservation Space, recreation area, common areas, and detention ponds etc.

J.Conservation Surety:

Conservation Space shown on the approved Concept Plan and subsequently delineated on the Final Plat shall be permanently protected by the developer’s conveyance of an undivided fee simple interest in the Conservation Space to the mandatory property owner’s association. The deed conveying the Conservation Space pursuant to this paragraph shall be recorded and delivered to the property owner’s association prior to, or concurrent with, the approval of the Final Plat for the first phase of the subdivision. In addition, the Final Plat for each phase of the Subdivision shall contain the following statement:

“Conservation Space delineated on this plat is permanently protected and shall remain undeveloped and natural subject to certain exceptions contained in Grayson’s Conservation Subdivision District Ordinance.”

In addition, the deed conveying the Conservation Space shall contain the following language:

“The land conveyed herein shall remain permanently protected Conservation Space that shall not be cleared or developed except in accordance with Section 1103.1.E.2 of the City of Grayson Zoning Ordinance. The interest conveyed in the deed runs with the land and benefits all future lot owners within the subdivision.”

K.Density:

Subdivisions in CS District shall not exceed a maximum net density of 2.3 units per acre with 40% Conservation Space; or, 3.0 units per acre with 50% Conservation Space.

L.Development Requirements:

Subdivisions in CS District shall meet the following requirements:

1.Minimum Subdivision Size: 10 contiguous acres.

2.Lot Area: No minimum.

3.Average Lot Width: The average width of all building lots shall be at least 60 feet. Any lot located less than 50 feet from adjacent property lines zoned R-100, or R-100 Modified shall meet the lot width and rear setback of that district.

4.Minimum Road Frontage per Lot: 40 feet and 20 feet for cul-de-sac lots.

5.Minimum Yard Area (Setback): Front setback is 20 feet. (The front yard setback may be reduced to 5 feet if dwellings are provided side or rear entry garages. To qualify for the reduced setback on a corner lot, side entry garages must be located to the side adjacent to an abutting lot.) Rear setback is 20 feet. Side setback is 5 feet.

6.Exterior Project Street Frontage Open Space Strip: 50 feet in width (not part of any building lot). Landscape entry features such as fences and walls may be allowed in the open space strip.

7.Maximum Building Height: 40 feet.

8.Minimum Floor Area: Each dwelling unit shall have a minimum heated finished living area, excluding a basement, attic, carport or garage, of 1,600 square feet for One Story and 1,800 square feet for Two Story.

9.Sodded Yards: All grassed areas on dwelling lots shall be sodded.

10.Garages: Each dwelling unit shall have two-car garage.

11.Street Trees: Street trees, in accordance with the requirements of the Buffer, Landscape, and Tree Ordinance, shall be provided.

12.Underground Utilities: Utilities shall be located underground.

§ 1104

MH MANUFACTURED HOUSING DISTRICT

ii.Location. A manufactured housing district development shall front for a sufficient distance to provide safe access upon a state highway or a major thorough-fare, and shall have access and egress only on such a road.

iii.Street Access Requirements. The entrance road to a manufactured housing district development shall have a minimum right-of-way width of sixty (60) feet with a minimum pavement width of twenty eight (28) feet. The entrance road shall have a turning radius from the highway of at least three hundred (300) feet and the entrance road shall extent at least one hundred (100) feet into the manufactured housing district development.

iv.Sidewalks. Sidewalks shall be constructed on both side of the streets within the development, and shall extent the entire frontage of the property on which the entrance is constructed. These shall provide access to recreation facilities within and outside the development.

v.Size. A manufactured housing district development shall have a minimum buildable area of at least fifteen (15) contiguous acres.

vi.Density. A manufactured housing development shall have a density of not more than six (6)

manufactured housing lots per building acre.

vii.Manufactured Home Lots. Each manufactured home shall be located on a separate fee simple 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 five thousand (5,000) square feet and shall contain only one (1) living dwelling.

viii.Recreation and Other Community Facilities. Not less than ten (10%) percent 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 ten thousand (10,000) square feet. Recreation area(s) may not be located entirely within un-developable land (i.e., floodplain, wetlands, etc.)

ix.Buffer Strip. A buffer strip at least forty (40) 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 eight (8) feet tall and provide an effective visual screen. Said buffer strip is to provide a softening between the land uses.

x.Hurricane Anchorage. Acceptable provisions for “hurricane anchorage” for each manufactured home shall be made in accordance with the Development regulations of the City of Grayson.

xi.HUD Mobile Court Development Guide. The manufactured housing development shall meet the standards of the “Mobile Home Court Development Guide,” as set forth in the HUD Handbook #4545.1 dated October 1976, as revised.

xii.No Site Construction Until Preliminary Subdivision Plat Approved. No site construction shall be undertaken and no permits shall be issued until a Preliminary Subdivision Plat that meets the requirements of the Development Regulations of the Cit of Grayson and the requirements of this ordinance have been given tentative approval.

xiii.Manufactured Homes. All manufactured homes must be constructed in compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974. Mobile homes constructed prior to June 15, 1976, are considered to be constructed to pre-HUD standards and are not permitted in the City of Grayson. All existing homes shall be grandfathered under this Section. However, any mobile home that is removed with intent of replacing with another shall comply with these regulations.

xiv.Minimum square footage. Each manufactured home shall be attached to a permanent foundation and be a minimum of one thousand two hundred (1,200) square feet.

§ 1105

RM MULTIFAMILY RESIDENCE DISTRICT

A.Minimum lot area.

1.For two-family units the minimum lot area shall be fifteen thousand (15,000) square feet, with seven thousand five hundred (7,500) square feet per dwelling unit.

2.For multiple-family units, the minimum lot area shall be twenty thousand (20,000) square feet.

3.For multiple-family units a minimum of twelve thousand (12,000) square feet of lot area shall be reserved for the first family and four thousand (4,000) square feet for each additional family, but in no event shall the overall density exceed eight (8) dwelling units per acre.

4.For single family uses, a minimum lot area of fifteen thousand (15,000) square feet is required.

§ 1106

OI OFFICE/INSTITUTIONAL DISTRICT

The Office/Institutional District is intended to encourage the location of suitable business and professional enterprises, medical and dental facilities and limited retail service activities in buildings of high character and in attractive surroundings. The Office/Institutional District is best located in areas having direct access to State Highways or major arterial thoroughfares.

§ 1107

C-1 NEIGHBORHOOD BUSINESS DISTRICT

A.Temporary uses.

The following uses are permitted for a period not to exceed thirty-five (35) days or otherwise indicated:

1.The sale of fruits or vegetables, pumpkins and Christmas trees any time during the year.

2.Charitable and nonprofit events.

3.The sale of any items in association with an existing business located on the premises as a principal use (i.e., parking lot or tent sale).

4.The sale of any items not associated with a business located on the premises provided that no item, tent, trailer, or vehicle remains on the premises overnight.

5.A permit for any temporary use may be applied for up to four (4) times per year per applicant.

B.Temporary uses are permitted provided the following items are provided and adhered to by the user:

a.Written permission of the property owner is provided;

b.Excess parking, ingress and egress are provided on site or written permission is obtained if provided on an adjoining property;

c.Provide trash receptacles and/or secure property owner's approval to dispose of refuse properly (if applicable);

d.Sales, displays, and other structures shall not be located within thirty (30) feet of the edge of any public roadway;

e.A non-illuminated sign may be erected on the property provided it does not exceed a total of sixteen (16) square feet and not greater than ten (10) feet in height and is not placed within twenty (20) feet of any public roadway;

f.No unreasonable noises shall be associated with the use;

g.The hours of operation shall be from 7 a.m. to 11 p.m.;

h.Restroom facilities must be provided or permission granted to use restroom facilities elsewhere;

i.A temporary permit is applied for and approved by the Administrative Officer;

j.All other permits and regulations of Gwinnett County and the City of Grayson shall be met.

§ 1108

C-2 GENERAL BUSINESS DISTRICT

A.Temporary uses. Any use permitted in the C-1, Neighborhood Business district.

B.Special uses. The following uses are allowed upon the approval of a Special Use Permit by the Mayor and Council.

1.Any C-2 use requiring outdoor storage, provided:

a.The storage areas are screened with a six foot high, one hundred (100%) percent opaque fence; and

b.A ten (10) foot minimum planted landscape strip is located outside the fence.

2.Adult Entertainment Facilities, provided no use shall be located:

a.Within one thousand (1,000) feet of any parcel of land zoned or used for residential purposes;

b.Within one thousand (1,000) feet of any parcel of land upon which a church, school, government building, library, civic center, public park or playground is located;

c.Within one thousand (1,000) feet of any parcel of land upon which another establishment regulated or hereunder defined is located;

d.Within one thousand (1,000) feet of any parcel of land upon which any other establishment selling alcoholic beverages is located; and

e.On less than three (3) acres of land containing at least one hundred (100) feet of road frontage.

§ 1109

C-3 CENTRAL BUSINESS DISTRICT

A.Permitted uses.

1.Automotive body repair shops, provided inoperative, wrecked and dismantled vehicles are screened within a six (6) foot high, opaque fence.

2.Automotive repair shops including major engine repair (transmission, radiator repair, and engine overhauls), provided inoperative vehicles are screened within a six foot high, one hundred (100%) percent opaque fence

3.Contractor's office with outdoor storage of equipment or materials, provided the storage or equipment areas are screened with a six foot high, one hundred (100%) percent opaque fence.

4.Equipment rental, sales or service establishments (including heavy machinery, forklifts, cranes, bulldozers, farm equipment, moving vans and trailers, etc.).

5.Log splitting and storage lots, provided the lot is vacant and splitting and storage areas are screened by a six (6) foot high opaque fence.

6.Plumbing, electrical, pool, and home-building supply showrooms and sales centers with outdoor storage, provided storage areas are screened with a six foot high, one hundred (100%) percent opaque fence.

7.Wholesaling establishments, provided outdoor storage areas are screened with a six (6)

foot high, one hundred (100%) percent opaque fence.

§ 1110

M-1 LIGHT INDUSTRY DISTRICT

A.Permitted Uses. Permitted uses are indicated in the Table in Section 1100.

§ 1111

OVERLAY DISTRICTS

UC: UPTOWN CENTER OVERLAY DISTRICT

A.Permitted uses. Individual retail establishments shall not exceed three thousand five hundred (3,500) square feet of floor area.

B.Special uses. The following uses are allowed upon the approval of a Special Use Permit by the Mayor and Council.

1.Bed and breakfast inns, provided:

a.The house is owner occupied;

b.Adequate parking is provided;

c.A maximum of three (3) rooms may be rented; and

d.Breakfast is provided to guests only.

C.Open space. Each developer shall provide, at a minimum, twenty (20) Tree Density Units per acre for all non-residential development. Type and size of plantings shall be in compliance with the Grayson Zoning Ordinance of 2005. At least fifty (50%) percent of plantings shall consist of trees three (3) inches in caliper (dbh) or greater.

D.Design Standards. The site design standards outlined in Section 909 shall apply to all properties within this District.

GH20: GRAYSON/HIGHWAY 20 OVERLAY DISTRICT

A.Permitted uses.

1.Please see Section 1100, Table of Permitted and Special Uses for permitted uses within this Overlay District.

2.Automotive and Related Uses are permitted within this Overlay District southeastward of the Herring Road intersection to the City limits. The Table of Permitted and Special Uses outlines these uses. The uses are marked with a GH20 symbol.

B.Special uses. Please see Section 1100, Table of Permitted and Special Uses for Special uses within this Overlay District.

C.Design Standards. The site design standards outlined in Section 910 shall apply to all properties within this District.

§ 1112

PUD Mixed Use Planned Unit Development

A.Permitted Uses.

1.Antique shops

2.Art and school supply stores

3.Art Gallery Studios, Art

4.Bank or Financial Services Institution

5.Bed and breakfast inns*

6.Bicycle shops

7.Brewpubs*

8.Camera/Photographic Supply Store

9.Catering Service*

10.Clothing, Apparel and Shoe Stores

11.Contractor's offices with no outdoor storage or display

12.Copy, Blueprint or Printing Shop

13.Day Care Facility

14.Department Store

15.Dollar or Variety Store

16.Electronics or Computer Stores

17.Florist or Flower Shop

18.Food Store, Specialty (butcher, greengrocer, bakery)

19.Food Store, Specialty, but no killing, eviscerating, skinning, plucking or smoking of food products on the premises

20.Garden Supply Center*

21.Gift Shop or Greeting Card Shop

22.Grocery Store

23.Growler Shops

24.Hair Salon, Beauty Parlor or Barber

25.Hardware Store

26.Health Club, Spa or Fitness Center

27.Hotel or Motel*

28.Interior Decorating Shop

29.Jewelry Store

30.Laundry or Dry Cleaners not in excess of two thousand five hundred (2,500) square feet, including dry cleaning pick-up and delivery stations

31.Medical Office or Clinic

32.Multifamily Dwellings (see Housing Types for specific dwelling types allowed)

33.Museum or Library

34.Music and Media Store

35.Music Instrument store, including lessons

36.Office/Showroom Facility (provided no equipment or materials are stored outdoors)

37.Offices: Public or professional

38.Parking Garage or Lot

39.Pest Control/Extermination Business

40.Pet Shop/Pet Supply Store/Pet Grooming

41.Pharmacy or Drug Store

42.Public parks, playgrounds, and community buildings

43.Radio or Television Station/Studio

44.Recording/Rehearsal Studio

45.Recreation and Entertainment Facility (Indoor)

46.Recreation and Entertainment Facility (Outdoor)

47.Repair Shop/Shoe and Leather

48.Restaurants, maximum of 150 seats, including delivery services

49.Single-family dwellings

50.Studio, Dance or Martial Arts

51.Studio, Photography

52.Tailor shops

53.Tailor, Dressmaker, Sewing Shop

54.Theaters

55.Toy Store, Hobby Shop or Game Store

56.Upholstery Shop

57.Wine Center

*An asterisk indicates that the use has Supplemental Use Standards listed in Section 1101

B.Special Uses.

Outdoor entertainment districts, defined as an area or areas of the city, designated by the City Council, in which growler shops, restaurants and tasting rooms are an acceptable land use, and where alcoholic beverages may be carried outside of the premises covered by a license, in accordance with the requirements of Chapter 6 of the Grayson Code of Ordinances, may be included in the PUD configuration. Any proposed Outdoor Entertainment District must be shown or depicted on the Master Development Plan at the time of application submittal.

C.Development Standards.

1.Minimum site area is five (5) acres of contiguous land area.

2.Perimeter Development Requirements No housing type, use, setback, height, and coverage requirements are established. The “Development Proposal” submitted as a part of the PUD Application will outline proposed setbacks, building separations, street widths, etc.

However, existing residential development along the perimeter of the Planned Unit Development shall be adequately protected by setbacks, landscaped walls and/or other buffers to be established as part of the Master Development Plan.

3.Internal Development Requirements

a.No minimum lot sizes or shapes shall be required, except as may be established as part of the Master Development Plan and outlined in the “Development Proposal”. However, if the proposed PUD lies within the areas encompassed by the Uptown Center Overlay District and/or the Grayson/Highway 20 Corridor Overlay District, then the portions of the PUD residing within the Overlay District area(s) should conform to the dimensional requirements of the district, as well as the site development standards, wherever possible.

b.No minimum distance between on-site structures shall be required, except as may be established as part of the site development plan review. However, Fire Code requirements shall be met.

c.No minimum yard setbacks shall be required, except as may be established as part of the site development plan review.

4.Off-Street Parking and Loading Adequate off-street parking and loading areas shall be provided and included in the “Development Proposal” and shown on the Master Development Plan. However, reductions in total parking requirements are strongly encouraged. The sharing of off-street parking areas between uses is allowed and encouraged as well as parallel on-street where appropriate. The use of porous alternative parking areas and innovative stormwater management practices is allowed and encouraged where appropriate.

5.Landscaping Landscaping shall meet or exceed all of the minimum requirements of the City’s Zoning Ordinance. The preservation of mature trees is strongly encouraged.

6.Underground Utilities All on-site utilities shall be installed underground. Large transformers shall be placed on the ground within pad mounts, enclosures or vaults. The developer shall provide adequate landscaping to screen all above-ground facilities.

7.Accessibility Every residential unit or permitted use shall have direct access to a public street via a private road, common easement, or other area dedicated or reserved for public use.

8.Architectural Standards Unless specifically exempted as part of the “Development Proposal” adopted by the City of Grayson as a component of the PUD application, the Architectural Standards listed in Article X of this Ordinance shall apply to all projects.

9.Environmental Considerations Protections of wetlands, creeks and streams should be provided where appropriate. Areas designated as historic or archaeological resources should be protected and placed inside common open space wherever possible

10.Housing Types The following housing types are permitted in a PUD:

•Single Family Detached Residential

•Brownstones and/or villas as a transition between single family residential and office/commercial uses.

•Flats over commercial and office uses, whether as separate uses by floors; or as live/work spaces, where residential and non-residential uses function as a single unit.

11.Master Signage Plan Required A Master Signage Plan shall be required to be submitted as a part of the PUD request. The Master Sign Plan shall include all proposed signage for the PUD shown in their prospective locations on a scaled drawing. The Plan shall detail the sizes, heights, sign faces and other features proposed for the development. The signage proposed shall be in accordance with Article XIV of the Zoning Ordinance and the signage proposed shall have a common look and theme for the PUD development.

D.Permitted Locations This District is to be utilized as a "floating zone" which shall mean that areas will not be pre-designated as planned development districts but rather each such designation shall result from a specific and separate application for amendment. Planned Unit Development Districts are separate zoning districts and shall follow the same amendment procedures as other districts.

Unless otherwise stated in this Section, the development standards and the land uses which are presented with the application for amendment shall, if approved, become the standards for the subject property and shall become a part of the zoning regulations.

E.PUD Configurations To meet the goals and purposes listed in Section 404, PUDs must consist of more than one type of land use to be considered a PUD project unless it is a R4 PUD.

1.Mixed Use PUD

a.A Mixed Use PUD shall only be located within the Uptown Center Overlay District and/or the Grayson/Highway 20 Overlay District.

b.A Mixed Use PUD shall be a mixture of single family residential uses, commercial and/or office/institutional uses.

c.Single family residential uses may be detached, semi-attached or attached.

d.Commercial uses may be stand alone, or integrated with residential uses in the form of live/work flex units, multi-story retail/loft combinations.

e.Outdoor entertainment districts, defined as an area or areas of the city, designated by the City Council, in which growler shops, restaurants and tasting rooms are an acceptable land use, and where alcoholic beverages may be carried outside of the premises covered by a license, in accordance with the requirements of Chapter 6 of the Grayson Code of Ordinances, may be included in the PUD configuration.

f.Office/institutional uses may be stand alone or integrated with commercial uses in the form of multi-story retail/office combinations. Office uses may also be combined with residential uses to form live/work flex units, office/commercial, residential units or multi-story retail/office/residential loft combinations

g.Overall residential densities shall be limited to no more than 6 units per acre.

h.Each mixed use PUD shall provide 40% of common open space. Common open space shall be land set aside for recreation, conservation or civic uses, and is not contained on lots proposed for residential, commercial and/or office uses.

i.The “Development Proposal” submitted in conjunction with the Master Development Plan shall list the breakdowns by acreage of the different uses within the PUD. Generally, commercial uses should constitute no more than 30% of the total project land or gross floor area. Office uses should constitute no more than 30% of project land or gross floor area.

2.R4 PUD (See Section 404 for information regarding R4 PUDs)

F.General Considerations for Land Use Mix and Design

1.Consistency with Comprehensive Plan.

All projects must be reasonably consistent with the goals and intents of the City of Grayson Comprehensive Plan.

2.Variations to Development Standards.

As a part of the application for a Planned Unit Development, the applicant must include a “Development Proposal” and a “Master Development Plan” which outline the proposed arrangement of structures, proposed yards, separation of buildings, phasing of the development and other considerations. Variations to Grayson’s development standards (i.e., Development Regulations and Zoning Ordinance), including variations in lot sizes, widths, building setbacks, densities, parking requirements, right-of-way widths, street widths, buffers, and other components may be approved to improve said project.

The “Development Proposal” must be agreed to and accepted by Mayor and City Council for the variations to Grayson’s development standards to be approved.

The City will not consider variations to standards or regulations of other regulating jurisdictions, such as erosion control regulations, fire codes, floodplain control, stream buffers, or other similar regulations, without the express written consent and approval of applicable jurisdiction. Furthermore, said consent shall not guarantee nor require the City to waive any or all requirements.

3.Interconnectivity.

Pedestrian access and interconnections shall also be required between the component units of the proposed development. Pedestrian and vehicular interconnections to adjoining property, whether developed or undeveloped, should be included and incorporated into the design where appropriate.

4.Site and Ownership All of the land in a PUD shall be owned or controlled by a single responsible entity.

Individual properties in a PUD may be sold after a plat has been recorded, with the properties subject to private deed covenants that ensure the continuance of the PUD as originally approved and developed.

5.Phasing Where the PUD development contains mixed-use areas, the phasing of the construction of each usage shall be defined in the Master Development Plan.

6.Compatibility The proposed uses in a Planned Unit Development must be suitable in view of the use and development of adjacent and nearby property. In addition, the Planned Unit Development shall not endanger the public health, welfare, or safety, nor shall it substantially diminish or impair property values for surrounding properties.

7.Need The Planned Unit Development must be of a character and contain such uses that are needed in the area of the proposed project as outlined in the Grayson Comprehensive Plan.

8.Site Design The proposed Planned Unit Development shall utilize design and development features that would not be possible by the application of lot-by-lot zoning district regulations. PUD’s are encouraged to incorporate elements of traditional neighborhood design in the residential components of the development and are also encouraged to incorporate residential uses in with the commercial and office components to promote a more livable and walkable community, in keeping with the Comprehensive Plan.

G.Application Requirements An application for PUD shall include the typical application procedures required for all other rezoning applications as presented elsewhere in the City’s Zoning Ordinance as well as contain the following items:

1.Development Proposal. A Development Proposal is a written document that will provide a basic understanding of the different elements of the project and how the elements and land uses will be integrated to meet the purposes of a Planned Unit Development. The Development Proposal should include, at a minimum:

a.A narrative statement:

•Describing the character of and rationale for, the proposed PUD.

•Addressing the proposed ownership and maintenance of streets, drainage systems, common open space areas, parking areas, and other proposed amenities and improvements;

•Proposing phasing and time schedule;

•A written statement identifying the relative benefits that will accrue to the community as a result of the property being developed under PUD provisions. Specific mention should be made of mix of uses included, common open space provided, natural features retained and architectural design to be provided. This statement is a developer’s opportunity to define why the PUD proposal merits approval and how it will serve the community better than a conventional development.

b.The proposed name of the development if there is one, as well as proposed names of neighborhoods or other sub units of the development;

c.The application shall include a list of all land uses proposed to be included in the PUD, the total land area devoted to each of the land uses proposed, and the percentage of the total land area within the PUD devoted to each proposed land use. The application shall also include a list of residential units by type, total number, net and gross density, and the total square footage of buildings devoted to non-residential uses.

d.Proposed internal site planning standards such as lot sizes, setbacks and buffers aimed at addressing potential incompatibility between adjacent land uses and activities; and

e.Proposed parking standards, street right-of-way widths and other pertinent data.

f.The proposed location and extent of any outdoor entertainment districts.

g.Applications shall include architectural sketches representative of all proposed building types. These drawings shall indicate general architectural characteristics. If the PUD is approved, architectural sketches submitted as part of the application shall be considered binding unless specifically noted otherwise in the approval.

h.All private restrictions and covenants established shall be subject to the approval of the City attorney.

2.Master Development Plan.

Applications shall include a Master Development Plan which, unless specifically stated otherwise, shall be a condition of PUD approval and must be followed. The Master Development Plan shall be a to-scale drawing showing the general layout of the proposed development including among other features the following:

•Existing manmade and natural features within and immediately adjacent to the property including vegetation, tree preserve areas, state waters, land uses, structures, utilities, easements, drainage ways, rights-of-way, and property lines;

•Location, arrangement and dimensions of all proposed land uses and structures;

•Location of all proposed buildings, parking areas, traffic circulation systems including roadways, drives, walkways, bikeways, and load and unloading areas; and

•All proposed common elements including common open space areas, recreational facilities, outdoor entertainment districts (if proposed) and landscaping.

•Master Signage Plan

•Other items outlined in the Development Proposal

H.Submittal Process

1.Presubmittal Conference The prospective applicant must schedule a Presubmittal Conference with the City (i.e., the Mayor, City Administrator and the City Planner) to review the proposed PUD request. The applicant must pay a fee to the City to schedule the conference. At this meeting, the applicant and the City will discuss the proposed PUD development and the applicant will be informed about all of the required elements of a PUD application. The applicant will be encouraged to review all factors, include location, market conditions, mixture of uses and proposed amenities, before proceeding with the development of the PUD project request.

2.Submittal (Application) Conference This conference will be scheduled by the City when ALL required application elements have been completed and are ready to be submitted. The applicant will bring all documentation, together with the rezoning application fee, with them to the Submittal Conference. After reviewing the information presented, the City will determined if the application is complete in all aspects. If the application has been determined to be complete in all aspects, the City will receive the application and submit the application to the City Planner for review.

I.Approval Process

1.Recommendation and Approval Authority.

All applications for PUD projects shall be considered by the Planning Commission and decided upon by the Mayor and City Council in accordance with the procedures outlined in Article XVIII of this Ordinance for zoning map amendments.

2.Criteria for Approval.

In considering and acting upon applications for PUDs, the Planning Commission and the Mayor and City Council shall consider and base their recommendation and decision, respectively, on the following criteria (not all inclusive), and any other factors it may consider appropriate in reaching such a decision:

•Consistency with the City’s Comprehensive Plan;

•The character, location, and appropriateness of the proposed mix of land uses;

•The extent to which the proposed architectural features of buildings within the planned unit development are harmonious and reflect the image that represents Grayson; and

•The adequacy of common open space areas and recreation facilities that are provided for the needs of the development occupants.

In the event the PUD is approved by the Mayor and Council, the Master Development Plan and the Development Proposal shall be certified by the City and said certified copy shall be filed as a permanent record. Without exception, the approved plan shall be binding upon all existing and future owners and assigns.

3.Conformance to Approved Master Development Plan.

After rezoning to a PUD, no permits shall be issued and no development shall commence unless in conformance with the approved Master Development Plan and the Development Proposal, unless a change or deviation is approved by the City.

The City Planner may approve minor changes and deviations from the approved conceptual development plan which are in compliance with the provisions and intent of this article, and which do not depart from the principal concept of the approved conceptual development plan.

Should the City Planner determine that a requested change or deviation from the approved conceptual development plan does not comply with the provisions and intent of this article, or departs from the principles of the PUD, the applicant may apply for approval of such change or deviation to the City Council as a Plan Amendment.

4.Failure to Begin Planned Unit Development.

If no construction plans have been submitted for permitting in the PUD within eighteen (18) months from time of approval by Mayor and Council, the City shall maintain the right to reconsider the proper zoning for the property and may, on its own accord, return the property to its previous zoning or zone the property to another classification after following the necessary and lawful zoning procedures.