§ 3.5.15. Low-Rise Mixed-Use Zone (Tier III).

A.

Principal uses and structures. The following principal uses of land and structures shall be authorized within Tier III: Low-Rise Mixed-Use Zone of the Stonecrest Area Compatible Use Overlay District:

1.

All uses authorized in the C-1 and C-2 (General Commercial) District, except those listed in B., below.

2.

All uses authorized in the O-I (Office Institutional) District, except those listed in B., below.

3.

All uses authorized in the O-D (Office Distribution) District and M (Light Industrial) District, except those listed in B. below, subject to applicable special use permits.

4.

All uses authorized in the RM-75 (Multifamily Residential) District.

5.

Buildings that contain a mixture of two (2) or more uses selected from those authorized in this district.

B.

Prohibited uses. The following principal uses of land and structures shall be prohibited within Tier III: Low-Rise Mixed Use Zone of the Stonecrest Area Overlay District:

1.

Kennels.

2.

Storage yards.

3.

Tire dealers and tire repair.

4.

Adult entertainment establishments.

5.

Adult service facilities.

6.

Outdoor amusement and recreation services facilities.

7.

Outdoor storage.

8.

Appliance and equipment repair shops.

9.

Motels.

10.

Used motor vehicle dealers, except those used motor vehicle dealers satisfying the requirements of subsection K. which is also applicable to new auto sales dealerships.

11.

Temporary and seasonal outdoor sales.

12.

Automobile title loan establishments.

13.

Pawn shops.

14.

Liquor stores.

15.

Salvage yards and junk yards.

16.

Self storage facilities.

17.

Gasoline service stations, except convenience stores with gas pumps over four thousand (4,000) square feet, subject to applicable special use permits.

18.

Major and minor automobile repair and maintenance shops.

19.

Commercial parking lots.

20.

Carwashes and detail shops.

21.

Night clubs and late-night establishments.

22.

Check cashing establishments.

23.

Automobile emission testing facilities.

C.

Accessory uses and structures. The following accessory uses of land and structures shall be authorized in the Tier III: Low-Rise Mixed-Use Zone of the Stonecrest Area Overlay District:

1.

Accessory uses and structures incidental to any authorized use.

2.

Parking lots and parking garages.

3.

Clubhouse, including meeting room or recreation room.

4.

Swimming pools, tennis courts, and other recreation areas and similar amenities.

5.

Signs, in accordance with the provisions of chapter 21 and this chapter.

6.

Accessory uses and structures incidental to any authorized new or used motor vehicle dealer; including automobile rental/leasing, major and minor automobile repair, new tire sales, emissions testing, non-public fuel pumps and carwashes, and outdoor storage and automobile display.

D.

Building setbacks. The following requirements shall apply to all structures in the Tier III: Low-Rise Mixed-Use Zone of the Stonecrest Area Overlay District:

1.

Minimum front yard setback : Fifteen (15) feet from right-of-way of public street, except that front-facing garages of residential units shall be set back a minimum of twenty-five (25) feet from rights-of-way.

2.

Minimum interior side yard : Ten (10) feet. There shall be a minimum of fifteen (15) feet between buildings and structures less than two (2) stories in height and a minimum of twenty (20) feet between any two (2) buildings and structures when one (1) of them is greater than two (2) stories in height.

3.

Minimum rear yard : Ten (10) feet.

E.

Height of buildings and structures. Maximum height, three (3) stories.

F.

Density: No development in the Tier III Zone shall exceed a FAR of one (1), unless it also provides additional public space or other amenities singly, or in combination as provided in G., below.

G.

Bonus density: The maximum allowable FAR of a building or development in a Tier III Zone shall be increased to a FAR not to exceed a total of two (2) in exchange for one (1) or more of the additional amenities provided in the table below:

Table 3.3 Maximum Bonus FAR: Tier III

Maximum Bonus Floor Area Ratio in Stonecrest Area, Tier III Zone
Additional Amenity	Increased FAR
Increase public space to 25 percent while providing connectivity	0.5
Increase public space to 30 percent while providing connectivity	1.0
Mixed-use building that combines office-institutional with commercial or retail uses. Each mixed-use building shall include one principal use and at least one secondary use. No primary or secondary use shall constitute less than ten percent of the gross floor area of the building.	0.25
Mixed-use building that includes multifamily residential units constituting at least 8 units per acre of land, and constructed in the same building with office, institutional, commercial or retail uses.	0.5

 

H.

Required parking. Required parking may be provided through a combination of off-street, on-street, or shared parking provided that all required parking is located within seven hundred (700) feet of the principal entrance of buildings which it is intended to serve. The minimum number of required parking spaces shall be as provided in article 6, except as follows:

1.

Retail uses, personal service uses, and other commercial and general business uses, including food stores—Minimum of four (4) spaces per one thousand (1,000) square feet of gross floor area.

2.

Office and clinic uses—Minimum of three (3) spaces per one thousand (1,000) square feet of gross floor area.

3.

Hotel and motel uses—Minimum of one (1) space per unit.

4.

Multifamily residential uses—Minimum of one and one-half (1.5) spaces per dwelling unit.

I.

Parking space area requirements. Parking space area requirements shall comply with the provisions of section 6.1.3.

J.

Sidewalks. Sidewalks at least five (5) feet in width shall be provided on both sides along the right-of-way of all public streets.

K.

New or used motor vehicle dealers. New or used motor vehicle dealers are authorized in Tier III of the Stonecrest Overlay District only if they comply with the following requirements:

1.

New or used motor vehicle dealers must be located on a parcel with a lot area of no less than three (3) acres, and must contain at least six thousand (6,000) square feet of building floor space.

2.

New or used motor vehicle dealers must provide vegetative screening along any automobile display areas that abut a public right-of-way. Said vegetative screening shall be located outside any guard rails or security fencing abutting such public right-of-way. Within three (3) years of planting, the vegetative screening must be of sufficient height to screen all guard rails or security fencing abutting the public right-of-way. Planting materials shall be subject to the approval of the DeKalb County Arborist.

3.

New or used motor vehicle dealers must provide screening of all maintenance areas and storage yards for automobiles stored for service. Such screening shall be sufficient to shield the maintenance areas and storage yards from visibility from any adjacent properties or public rights-of-way. Should vegetative screening be used, planting material shall be subject to the approval of the DeKalb County Arborist.

4.

No overhead bay doors opening into vehicle service areas shall be visible from a public right-of-way.

( Ord. No. 15-06 , 8-25-2015; Ord. No. 18-02 , Pt. I, 2-27-2018)