Article 4 — Zoning Districts & Use Provisions

The location and boundaries of the zoning districts are hereby established as shown on the map entitled, "Zoning Map of the City of Sugar Hill, Georgia," which is hereby made a part of this Ordinance, which may be amended from time to time, and which shall be kept on file in the Sugar Hill City Hall where it shall be available for public inspection. Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be published, the Official Zoning Map located in City Hall shall be the final authority as to the current zoning status of the city.

Where uncertainty exists with respect to the location of the boundaries of any zoning district shown on the Zoning Map of the City of Sugar Hill, Georgia, the following rules shall apply:

For any use not listed in this Ordinance, the City Manager shall determine the proper requirements by classifying the proposed use among the uses which are listed and assigning the use or appropriate zoning districts. Such decision may be appealed under Article 15, Section 1505.

This section identifies the specific uses to which land and structures may be put in the various zoning districts, including uses allowed by right, uses allowed by right subject to certain restrictions, uses for which special use approval is required, uses for which special use approval is required and subject to certain restrictions as well as Temporary Uses.

A principle use is the specific, primary purpose for which land or a building is used.

Principle uses are shown in Table 4.1.

An accessory use is permitted on a property in conjunction with a principle use and is incidental to the principal use and shall not exist independent of the principle use.

Accessory uses are shown in Table 4.2.

A customary residential accessory use is a use or structure commonly associated with a principal residential use. Customary residential accessory uses and structures are shown in Table 4.3.

404(a) Allowed uses.

Principal and accessory uses allowed by right are identified on Tables 4.1, 4.2 and 4.3 by the letter code “A”. A blank space indicates the use is prohibited in the corresponding zoning district.

404(b) Allowed uses with restrictions.

Principal and accessory uses allowed only if certain restrictions and conditions are met are identified on Tables 4.1, 4.2 and 4.3 by the two-letter code “A-R”.

404(c) Special uses.

Principal and accessory uses allowed only by special use approval are identified on Tables 4.1, 4.2 and 4.3 by the two-letter code “SU”. Special uses may be allowed subject to special use approval procedures as set forth in the Special Use Permits and Special Use Permit Procedure sections of this ordinance.

404(d) Special uses with restrictions.

Principal and accessory uses allowed only by special use approval and only if certain restrictions and conditions are met are identified on Tables 4.1, 4.2 and 4.3 by the three-letter code “SU-R”. Special uses with restrictions may be allowed subject to special use approval procedures as set forth in the Special Use Permits and Special Use Permit Procedure sections of this ordinance.

404(e) Temporary uses.

A use allowed for a limited duration which shall discontinue upon expiration of the specified time period. Temporary uses allowed only by temporary use permit approval are identified on Tables 4.1, 4.2 and 4.3 by the two-letter code “TU”.

Temporary uses may be allowed subject to temporary use approval procedures as set forth in the Temporary Use Permits and Temporary Use Permit Procedure sections of this ordinance.

404 (f) Temporary uses with restrictions.

Temporary uses allowed only by temporary use permit approval and only if certain restrictions and conditions are met are identified on tables 4.1, 4.2 and 4.3 by the two-letter code “T-R”. Temporary uses with restrictions may be allowed subject to temporary use approval procedures as set forth in the Temporary Use Permits and Temporary Use Permit Procedure section of this ordinance.

however, a ten (10) day extension may be granted by the City Manager.

Any use shown on Table 4.1 with the codes “A-R”, “SU-R” or “T-R” shall be subject to the restrictions contained in this section, unless otherwise noted or specifically waived as a condition of zoning. These restrictions shall apply in any zoning district where each particular use is shown as an allowed use with restrictions (A-R), a special use with restrictions (SU-R) or temporary use with restrictions (T-R).

Use Restrictions Adult day center. The facility must be properly licensed through the Georgia Department of Community Health and shall comply with all applicable federal and state regulations.

Adult entertainment establishment. 1. An adult entertainment establishment shall be located no closer than 1,000 feet from another parcel of land with an adult entertainment establishment.

The term "parcel of land" means any quantity of land capable of being described by location and boundary that is designed and used or to be used as a unit.

Agricultural building, Customary. Includes commercial greenhouses and one and two-family tenant houses, subject to all of the yard requirements of the zoning district.

Agricultural use, Customary. Includes farm ponds, fishing lakes, forestry, plant nurseries, except the raising of livestock or poultry.

Animal Day Care 1. Overnight boarding is prohibited.

Brew Pub Subject to all local, state and federal regulations and licensing requirements. No outdoor storage. Shall be limited to restaurants that brew and sell 25% or more of their own beer for on-premise consumption.

Body art establishment. 1. A body art establishment shall not be located closer than 1500 feet to any tract or parcel of land which has a residential use or zoning as measured by the most direct route of travel on ground starting at the nearest public entrance of the body art establishment in a straight line to the nearest project access improvement(s) serving the subject property, sidewalk, parking area, street, road or highway along the most direct route by way of the nearest project access improvement(s), sidewalk, parking area, street, road, or highway to the nearest property line of any parcel which has a residential use or zoning. In addition, no body art establishment shall be located within the Town Center or Central Business District overlay zoning districts.

A body art establishment shall not be located closer than 500 feet to any establishment which is licensed and authorized to sell alcoholic beverages within the City of Sugar Hill as measured by the most direct route of travel on ground starting at the public entrance of the body art establishment in a straight line to the nearest project access improvement(s) serving the subject property, sidewalk, parking area, street, road or highway along the most direct route by way of the nearest project access improvement(s), sidewalk, parking area, street, road, or highway to the nearest public entrance of any establishment which is licensed and authorized to sell alcoholic beverages.

Body Art Establishment, limited. 1. Body art procedures shall be limited to cosmetic tattooing or microblading of the eyebrows and other features of the human face and head only.

Building material sales with outdoor All areas containing outdoor storage shall be subject to storage. the same setback and screening requirements found under the restrictions associated with an “outdoor storage yard”. Outdoor storage of bulk landscape materials such as mulch, soil, sand, gravel, stone and similar materials shall be prohibited within 1,000 feet of a residential use.

Bulk storage tanks (argon, carbon dioxide, Up to 12,000 gallons per tank with no more than two helium and nitrogen). (2) tanks on the property. No above ground tanks shall be allowed if the tank is within 500’ of any residential use. All facilities shall be permitted and constructed in accordance with all other applicable regulatory requirements.

Bulk storage tanks (including natural gas No above ground tanks shall be allowed if the tank is or fuel). within 500’ of any residential use. All facilities shall be permitted and constructed in accordance with all other applicable regulatory requirements.

Bulk storage tanks (oxidizer gases). Up to 3,000 gallons per tank with no more than one (1) tank on the property. No above ground tanks shall be allowed if the tank is within 500’ of any residential use.

All facilities shall be permitted and constructed in accordance with all other applicable regulatory requirements.

Cannabidiol Store 1. No more than 10% or 120 square feet whichever is

less      of  the   floor     area  of  a   building   or  business

location          shall   be   used     for  the   display,      sale,

distribution,          delivery,      offering,    furnishing,   or

marketing of cannabidiol or cannabidiol-related products.

Cattery. Provided than no animal quarters are located closer than 200 feet to any property line.

Car Wash Commercial conveyor car washes where the car moves on a conveyor belt during the wash. The driver of the vehicle can remain in the vehicle or wait outside of the vehicle. A minimum of 50% of the water utilized must be recycled.

Cemetery. 1. Shall front only on a collector street, major street or state highway. The entrance and exits shall be only from the street on which it fronts.

Charitable or non-profit event, Not to exceed six (6) events in 12 months. Each Temporary. separate event shall not exceed four (4) days.

Childcare facility. Must comply with all state day care and health department requirements. At least one hundred (100) square feet of outdoor play area shall be available for each child occupying the play area at any one time.

Groups of children may be rotated if necessary so that one hundred (100) square feet per child is provided at all times. Play area shall be surrounded by a permanent wall or fence having a height of at least four (4) feet.

Includes daycare, nursery school and kindergarten facilities.

Christmas tree sales, Temporary. Shall be allowed between November 15 and December 31.

Church, temple and synagogue, restricted. 1. Shall be located on a site of not less than five (5) acres with 250 feet of road frontage.

Composting facility, wood chipping and 1. Composting materials shall be limited to tree shredding and yard trimmings. 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.

Crematorium. The facility shall not be located within 1,000’ of any property used or zoned for residential use.

Dwelling, Attached; 1. Simple massing is preferred and should be used with Dwelling, Multiple; stoops, porches, galleries, arcades, roof eaves, and Dwelling, Single Family; and balconies to provide expressive character over Dwelling, Two-Family. excessive articulation of building massing and shape. Roof lines shall not be overly complex and should typically not overlap. The overall length:height ratio on facades shall be simple proportions 1:1, 2:1, 3:2 or 4:3.

Recessed front porches. More than two principal building materials. Chimneys on outside walls that do not extend completely to the ground.

Equipment rental, sales and service 1. Equipment or rental vehicles shall not be parked or (Commercial & Industrial). stored in the required front yard.

Event facility Site shall be located on a site five (5) acres or more with 250 feet of road frontage Provide a 50-foot wide natural and undisturbed buffer adjacent to residential zoning.

Hours of operation shall be limited to 8 A.M. to 9:00 P.M. Sunday through Thursday and 8:00 A.M. to 11:00 P.M. Friday and Saturday.

Farmer's market or fruit and vegetable For the sale of products and commodities produced on stand. the premises provided that any structure for such sales shall be located no closer than 35 feet to any property line.

Fruit and vegetable stand, Temporary. Shall not exceed 3 months.

Fuel pumps. No closer than 15 feet to the right of way and not closer than the existing setback of any residential structure on abutting lots on either the frontage or a side street.

Fur farm. Provided than no animal quarters are located closer than 200 feet to any property line.

Growler Shop Subject to all local, state and federal regulations and licensing requirements. Shall be limited to a business establishment for the sale or refilling of malt beverages, craft beers or hard cider for consumption at a location other than the licensed premises.

Kennel. Provided than no animal quarters are located closer than 200 feet to any property line.

Landfill. 1. A minimum 200-foot natural, undisturbed buffer shall be provided between all active waste burial areas and exterior property lines except for approved perpendicular access and utility crossings.

the   above  standards:   Composting,       Municipal   Solid

Waste,       Composting,        Yard  Trimmings,               Gas

Recovery/Gas       Cogeneration       Plant,          Recovered

Materials Processing Facility and Solid Waste Transfer Stations.

Lodge, dormitory, fraternal and social 1. Shall be located on a major or collector street;

organization with housing.

feet from any property line.

Massage Establishment There shall be no more than seven (7) massage establishments allowed within the city limits at any given time.

Microbrewery Subject to all local, state and federal regulations and licensing requirements. No outdoor storage. Shall be limited to a brewery that produces less than 15,000 barrels of beer.

Mobile building. Temporary while permitted or special uses are under construction. Not to exceed six months.

Mobile home park. 1. Location. A mobile home park shall front for a sufficient distance to provide safe access upon a State Highway, a Major Thoroughfare, a Collector Street or a local access road paralleling an expressway and shall have access and egress only on such road.

The Mobile Home District development shall meet the standards of the "Mobile Home Court Development Guide", as set forth in the above-titled pamphlet, FHA G4200.7, published January, 1970, which is hereby made a part of this Ordinance, as well as the requirements of the City of Sugar Hill Zoning Ordinance and the Standard Building Code. If there are any differences in the above two sets of requirements, the most stringent shall apply.

Mobile home, manufactured home 1. Shall be located in an approved mobile home park industrialized home. or lawfully existing mobile home subdivision.

Outdoor storage yard, except junk yard or 1. Set back from the property line(s) at least five (5) salvage operation. feet

Quarry. 1. A quarry for the removal of minerals and other natural materials, together with necessary buildings, machinery and appurtenances thereto.

Recovered materials processing facility, 1. Activities shall be limited to collection, sorting, recycling station. compacting and shipping.

Rental, moving trucks and vans. 1. Equipment or rental vehicles shall not be parked or stored in the required front yard.

Salvage operation or junk yard. 1. The junkyard shall not be located closer than three hundred (300) feet to a commercial zoning district boundary line or 1000’ to any property used or zoned for residential.

Shelter, commercial. Shall contain a minimum of three (3) acres of land and at least one hundred (100) feet of road frontage measured by airline measurement from property line, using the closest property lines of the parcels of land involved. The term “parcel of land” means any quantity of land capable of being described by location and boundary, designated and used or to be used as a unit.

Tobacco Store 1. Shall not be located within 1,500 feet, measured property line to property line, from a school (public or private), childcare facility, youth center, community center, recreational facility, park, church or religious institution, hospital, or other similar uses where children regularly gather.

Utility structure. 1. Such as electric transformer stations, telephone exchanges, gas regulator stations, water and wastewater pumping stations, and water tanks may be located in any zone as necessary to serve the public interest.

Veterinary Clinic, restricted. Facilities contained entirely indoors except fenced areas for no more than 3 animals to be supervised by staff at all times.

Veterinary clinic or hospital, agricultural. No portion of a building, structure, outdoor run/pen, used to house or exercise animals shall be located closer than 200 feet to any property line.

Wild animals, raising and keeping. The owner or custodian of such wild animals shall

obtain     an  appropriate     permit      and    meet    all  the

requirements        of  the    State   of  Georgia  and        other

applicable     regulatory      requirements.        No    animal

quarters shall be located closer than 200 feet to any property line.

Wine Bar Subject to all local, state and federal regulations and licensing requirements. No outdoor storage. A bar or restaurant where wine sales comprise 50% or more of the alcohol sales for on-premise consumption.

No accessory use or structure shall be taller than or erected on a lot prior to the construction of the principal building(s) or use(s) to which it is accessory. Except driveways, mailboxes or landscaping, no accessory use or structure shall be located within a public right-of-way.

All accessory uses and structures shall be set back at least five (5) from any lot line.

Any use shown on Tables 4.2 or 4.3 with the codes “A-R”, “SU-R” or “T-R” shall be subject to the restrictions contained in this section, unless otherwise noted or specifically waived as a condition of zoning. These restrictions shall apply in any zoning district where each particular use is shown as an allowed use with restrictions (A-R), a special use with restrictions (SU-R) or temporary use with restrictions (T-R).

Accessory building, minor. Shall be less than 240 square feet of floor area and shall be finished to match the exterior of the principal building(s).

Buildings larger than 120 square feet shall be constructed of wood, fiber-cement, brick or stone siding.

Buildings allowed within the front or side yard by special use approval shall be constructed of wood, fiber-cement, brick or stone siding; finished to match the exterior of the principal building(s); shall meet the minimum setback from right-of-way and side yard requirements for the underlying zoning district; and shall be maintained in accordance with all other applicable city ordinances and regulations.

Accessory building, major. All accessory buildings 240 square feet of floor area or more shall be constructed of wood, fiber-cement, brick or stone siding; finished to match the principal building’s exterior; shall meet the minimum setback from right-of-way and side yard requirements for the underlying zoning district; shall be setback at least ten

Accessory Dwelling Unit 1. No more than one accessory dwelling unit per primary dwelling unit.

Basketball goal. Adjacent to driveway.

Bulk storage tanks, Accessory (Diesel or No above ground tanks shall be allowed if the tank is Bio-diesel). within 500’ of any residential use. All facilities shall be permitted and constructed in accordance with all other applicable regulatory requirements. Restricted to 1,000 gallons for use by the principal business, No retail sales or distribution allowed.

Bulk storage tank, Accessory (Propane). Dispensers for transferring fuel to a secondary tank shall not be allowed within 75’ of any residential use.

Total tank capacity shall not exceed 1,000 gallons. Use shall be limited to the principal residence or business, No retail sales or distribution. All tanks and appurtenances shall be screened from view with fencing or landscaping to be approved by the City Manager. Installation shall be permitted and constructed in accordance with all other applicable regulatory requirements.

Café, accessory. Shall not occupy more than 50% of the principal use or structure.

Child care facility, located within a Must comply with all state day care and health church. department requirements. At least one hundred (100) square feet of outdoor play area shall be available for each child occupying the play area at any one time.

Groups of children may be rotated if necessary so that one hundred (100) square feet per child is provided at all times. Play area shall be surrounded by a permanent wall or fence having a height of at least four (4) feet.

Child care facility. Must comply with all state day care and health department requirements. At least one hundred (100) square feet of outdoor play area shall be available for each child occupying the play area at any one time.

Groups of children may be rotated if necessary so that one hundred (100) square feet per child is provided at all times. Play area shall be surrounded by a permanent wall or fence having a height of at least four (4) feet.

Compressed Natural Gas Refueling Slow fill type only. Use shall be limited to the principal Appliance residence or business. No retail sales or distribution allowed. Dispenser and appurtenances shall be screened from view with fencing or landscaping to be approved by the City Manager. Installation shall be permitted and constructed in accordance with all other applicable regulatory requirements.

Convenience retail business. Shall not occupy more than 50% of the principal use or structure.

Driveway, concrete or asphalt, single Not to exceed 30% of the front yard.

family residential detached parking area. Refer to Section 1106.

Driveway, gravel, single family 1. Gravel driveways and parking areas shall be residential detached parking area. constructed of #57 gravel at least four inches in depth. Compaction criteria for both the gravel and subbase shall be per the supplier's recommendations.

Refer to Section 1106.

Home occupation, customary. Refer to Section 607.

Outdoor storage associated with garden All areas containing outdoor storage shall be subject to supply center, plant nursery and the same setback and screening requirements found greenhouse. under the restrictions associated with an “outdoor storage yard”. Outdoor storage of bulk landscape materials such as mulch, soil, sand, gravel, stone and similar materials shall be prohibited within 1,000 feet of a residential use.

Recreational facility, residential 1. Public and semipublic playgrounds, parks, lakes, neighborhood. and buildings, operated on a non-profit basis for recreational and public community purposes only.

Recreational vehicle, boat or trailer. No more than a total of two (2) may be stored outdoors on the property in compliance with all other applicable sections of this Ordinance.

Sales event, temporary outdoor. Only allowed as an accessory activity in association with a principal use that is an existing lawfully permitted business located on the premises. Shall not exceed 20 days. For example, sidewalk, parking lot or tent sales.

Vegetable garden. Not to exceed 30% of front yard.

A=Allowed by right SU=Special use permit required TU=Temporary use permit required A-R=Allowed with restrictions SU-R=Special use permit required and subject to restrictions T-R=Temporary use and subject to restrictions Principal Uses AF RS150, RS1R7S52R,0S0100 RS72 R36 MH OI HSB BG LM HM1 HM2 Adult day center. A-R A-R A-R SU-R SU-R SU-R Adult entertainment establishment. A-R A-R Agricultural building, customary. A-R Agricultural use, customary. A-R Agriculture and horticulture except the raising of livestock. A A A Aircraft factory. A Alcoholic beverage plant or distillery. A Animal Day Care SU-R SU-R SU-R Appliance repair shop. A A A A Art gallery. A A A A A A Art shop. A A A A Asphalt plant. SU Assembly plant (durable goods). A Assembly plant (non-durable goods). A A A Automatic teller machine (freestanding). SU A A A Automobile body repair shops. A A Automobile inspection services. SU SU A A A Automobile repair shops or tire stores. A A Automobile sales lots (new or used). SU SU Automobile service station. A A Baking plants. A A A Banks and other financial institutions. A A A A A A Barber and beauty shops. SU SU A A A Boarding and rooming houses. SU A Body art establishment. SU-R Body art establishment, limited. SU-R A-R A-R Book or stationery stores. A A Brew pub. A-R A-R A-R A-R Building material sales with outdoor storage. SU-R SU-R A A A Building material yard including milling operations. A A Building supply, indoor retail store. A Bulk storage tanks (argon, carbon dioxide, helium and nitrogen). SU-R SU-R Table 4.1 - Permitted Uses Amended 7-11-2022 A=Allowed by right SU=Special use permit required TU=Temporary use permit required A-R=Allowed with restrictions SU-R=Special use permit required and subject to restrictions T-R=Temporary use and subject to restrictions Principal Uses AF RS150, RS1R7S52R,0S0100 RS72 R36 MH OI HSB BG LM HM1 HM2 Bulk storage tanks (including natural gas or fuel storage). SU-R Bulk storage tanks (oxidizer gases). SU-R SU-R Cabinet shops and furniture manufacturing. A A A Cannabidiol Store SU-R Car wash. SU-R SU-R A-R A-R A-R Cattery. A-R Cemetery. SU-R A Charitable or non-profit event. T-R T-R T-R T-R T-R T-R T-R Check cashing service. SU SU Chemical plant. A Child care facility. A-R A-R SU-R A-R A-R A-R A-R A-R Christmas tree sales. T-R T-R T-R T-R T-R T-R Church, temple and synagogue, restricted. A-R A-R A-R A-R A-R Church, temple and synagogue, unrestricted. SU SU SU SU SU A A A A A A Cold Storage Plant or commercial cold storage. SU A A Composting facility, wood chipping and shredding and yard trimmings. SU-R A-R Concrete or masonry plant. A Contractor office (e.g. building, construction, HVAC, electrical, etc). A A A A Convenience retail store (with or without fuel pumps). A SU-R Crematorium. A-R Cultural facility. A A A Dance studio. A A A A A Department store. A Depot or passenger terminal (bus, rail). A A A Distribution center. A A A Dwelling, Attached (townhouse). A-R A-R Dwelling, Multiple (apartment house and condominium). SU-R A-R Dwelling, Single-Family. A A A A-R A-R A-R Dwelling, Two-Family (Duplex). A-R A-R Dye casting works. A Electronic sales and service. A A

A = Allowed by right.

A-R = Allowed with restrictions.

SU = Special use permit required.

SU-R = Special use permit required and subject to restrictions. Updated: 7-10-17 kbl ARTICLE 5.