---
date: 2024-03-04
title: Regular Council Meetings Agenda Packet
source: 2024-03/2024-03-04_Regular Council Meetings_Agenda Packet.pdf
pages: 1
---

STOCKBRIDGE Council Meeting
CITY COUNCIL Agenda
Mayor Anthony S. Ford
March 4, 2024 6:00 PM
At-Large

Mayor Pro Tem Kyle D. Berry, Sr.

Council District 3

Councilmember Elton Alexander

Council District 5

Councilmember Yolanda Barber

Council District 4

Councilmember LaKeisha Gantt

Council District 1

Councilmember Alphonso Thomas

Council District 2

CITY MANAGER
Frederick Gardiner STOCKBRIDGE CITY HALL
CITY CLERK
4640 NORTH HENRY BLVD.
Vanessa Holiday
STOCKBRIDGE, GA 30281
CITY TREASURER
Vacant Website: www.stockbridgega.org
CITY ATTORNEY Phone: 770-389-7900
Quinton G. Washington
Fax: 770-389-7912
Samantha Embry
Translation and Interpretation Services are available with (7)
days prior notice. Please contact the City’s HR Manager at
770-389-7908 for assistance.
AGENDA
COUNCIL MEETING
CITY OF STOCKBRIDGE
MONDAY, MARCH 4, 2024 6:00 PM

CALL TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE

ROLL CALL

ADOPTION OF THE AGENDA

ADOPTION OF THE MINUTES
1 Adoption of the Council Meeting Minutes February 12, 2024
Adoption of the Retreat Meeting Minutes February 06, 2024
Adoption of the Retreat Meeting Minutes February 07, 2024
Adoption of the Retreat Meeting Minutes February 08, 2024
Adoption of the Work Session Minutes February 27, 2024

PUBLIC COMMENTS - All persons wishing to speak for public comment must
sign in with the City Clerk prior to the beginning of the meeting. You must sign
your name, address, and phone number. You will be able to address the Mayor
and Council for three (3) minutes. Speakers must respect all members of the
elected body, officials, and staff. Defamation, unruliness and/or swearing will not
be tolerated while meetings are in session.

CEREMONIAL REVIEW
2 Review of Ceremonial: Proclamation - Women's History Month, Swearing In for
Paige Jones III - Stockbridge Citizens Police Advisory Committee, and Crystal
Park - Main Street Advisory Board

NEW BUSINESS
3 DOWNTOWN PEDESTRIAN AND BICYCLE CONNECTIVITY
STUDY. Adoption of the Study, which was prepared by Keck and Wood, in
consultation with City Community Development staff.
Page | 3

- Presented by: Ryan Anderson
4 STATE ZONING PROCEDURES LAW. Adoption of recent changes to the
State Zoning Procedures Law, and incorporation of those changes into the City
of Stockbridge's Unified Development Code. The Planning Commission
approved the adoption of the changes at its December 21, 2023 meeting.
- Presented by: Ryan Anderson
5 Council consideration to approve an emergency change order for Mays
Crossing Lift Station and Force Main Rehabilitation Project with Allsouth
Construction, Inc. in the amount of $56,833.78. Funding Source is from
SPLOST. - Presented by: Decius Aaron
6 Council consideration to approve and sign the requested intergovernmental
agreement with Henry County Board of Commissioners indicating the City of
Stockbridge's commitment to share the local match for the resurfacing of
Eagles Landing Parkway/Hudson Bridge Road/East Lake Parkway in the
amount of $800,000.00. Funding source from TSPLOST. - Presented by:
Decius Aaron
7 NEW CONTRACT FOR CIVIL ENGINEERING SERVICES. Approval and
Mayor's execution of a new month-to-month contract for civil engineering
services with Whitley Engineering, Inc., and authorization for the City Manager
to execute all contract-related administrative and budgetary actions.
- Presented by: Ryan Anderson

ANNOUNCEMENTS OF UPCOMING MEETINGS & EVENTS
UPCOMING MEETINGS & ANNOUNCEMENTS: Council meetings will be held
in the City Council Chamber. Meeting dates, locations and times are subject
to change or contact City Hall offices at 770-389-7900 or visit the website
www.stockbridgega.org for updates.

• Stockbridge Citizens-Police Advisory Council meeting 1st Thursday of
each month at 6:00 p.m. at the Stockbridge Police Community Room
4545 N. Henry Blvd. (Mar 7)
• Main Street Advisory Board Meeting 2nd Friday of each month -
Welcome Center/Main Street Offices located at 130 M L King, Sr.
Heritage Trail at 9am (Mar 8).
• Youth Council Meeting 2nd Monday of each month at 6:30 p.m. - City
Hall Levi Meeting Room (Mar 11)
• Citywide Development Authority Meeting, 2nd Tuesday of each month,
6:00 p.m.- City Hall Levi Meeting Room (Mar 12)
• Downtown Development Authority Meeting, 3rd Tuesday of each month
Welcome Center 130 M L King, Sr. Heritage Trail (Mar 19)
• Youth Council Advisory Committee Meeting, 6:30 p.m. -3rd Tuesday of
each month Levi Meeting Room - City Hall (Mar 19)
• Planning Commission Meeting,3rd Thursday of each month, 6:30 p.m. -
City Hall Council Chamber - (Mar 21)

March 4, 2024 6:00 PM 4640 N. Henry Stockbridge, GA 30281 Phone: (770) 389-7900
Page | 4

• City Council Work Session Meeting, last Tuesday of each month at 6:00
p.m. - City Hall Council Chamber (Mar 26)

UPCOMING CITY EVENTS/INITIATIVES

• Join Mayor Ford for the monthly Meet the Mayor on Monday, March 25th
from 10am – noon.
• Join Councilman Thomas the monthly Senior Bingo Bash on
Wednesday, March 27th from 10am - 12pm at the Merle Manders
Conference Center, 111 Davis Rd. for raffles, prizes, games, snacks and
fun!
• Join Councilman Thomas for the Don’t Trash Stockbridge initiative
centered around education highlighting the causes and effects of
Littering and Illegal Dumping. More information to follow.
• Councilman Thomas is honoring Veterans with a Continuous Salute all
year long. Please send your pictures of Veterans with their name,
branch, rank, and years of service

Please contact Rosalynd Rawls to schedule an appointment for Meet the
Mayor and for more information on Council Initiatives and events at 678-833-
3348 or via email: rrawls@stockbridgega.org

MAYOR'S COMMENTS (Mayor Anthony Ford)

EXECUTIVE SESSION (Exemptions to the Georgia Open Meetings Acts)

ADJOURNMENT

March 4, 2024 6:00 PM 4640 N. Henry Stockbridge, GA 30281 Phone: (770) 389-7900
COUNCIL RETREAT
5785 Peachtree Dunwoody Rd.
Sandy Springs, GA 30242
February 6, 2024
10:00 a.m.
Summary Minutes
Mayor & City Council Administration
Mayor Anthony S. Ford Frederick Gardiner, City Manager
Mayor Pro Tem Kyle Berry Sr. Vanessa Holiday, City Clerk
Councilmember Elton Alexander Vacant, City Treasurer
Councilmember Yolanda Barber Quinton Washington, City Attorney
Councilmember LaKeisha Gantt Samantha Embry, City Attorney
Councilmember Alphonso Thomas

Mission: To provide visionary leadership and superior municipal services that enhance the quality of
life for citizens while creating a welcoming business atmosphere focused on sustainability and
expansion of tourism and cultural events.

Staff Present: Decius Aaron, Public Works Director and Kim Allonce, Economic Development
Director.

DAY ONE AGENDA

Mayor Ford called the meeting to order at 10:31 a.m.

Invocation by Mayor Ford

Pledge of Allegiance recited by all in attendance.

City Clerk, Vanessa Holiday was asked to proceed with the roll call. All members were present except
Councilmember Alexander and Councilmember Gantt.

Motion to adopt the Agenda made by Councilmember Thomas; seconded by Mayor Pro Tem Berry.
The motion passed unanimously 3-0.

Mayor Ford read the Civility Pledge that has been adopted by the City: The way we govern ourselves
is often as important as the positions we take. Our collective decisions will be better when differing
views have had the opportunity to be fully vetted and considered. All people have the right to be
treated with respect, courtesy, and openness. We value all input. We commit to conduct ourselves
at all times with civility and courtesy to each other.

Mayor Ford notified the Council of his sole appointment to the Stockbridge Ethics Committee,
Attorney Alicia Barney-Duck, who will be sworn in on February 9, 2024.

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Councilmember Alexander joined the meeting at 10:40 a.m.

Mr. Gardiner gave an overview of today’s meeting Agenda, including Homestead Exemptions, the
Downtown Alleyway Project, Mixed Use Projects, Wayfinding, and an Economic Development
update; and suggested the Council consider a 5-day retreat to cover all of the information and
projects.

Homestead Exemptions
Mr. Gardiner noted Senator Jones has requested the Homestead Exemption List remove the
redundancy of the exemptions and re-submit the information to the Legislature for approval and to
be placed on the November 2024 ballot.

Motion to approve the revised Homestead Exemption List made by Councilmember Alexander;
seconded by Mayor Pro Tem Berry. The motion passed unanimously 4-0.

Downtown Projects
Mr. Allonce reviewed the city’s Vision Statement and gave an overview of the department staffing of
four members and the structure of the department, including the Main Street Program and
Economic Development; highlighted the 4th Quarter successes noting business visits, RFI’s,
increased business participation, networking events, increased Small Business Blitz participation,
awarding of BRICS incentives, and the business newsletter, fostering partner collaboration,
promoting Stockbridge as a Destination, the Stockbridge Fast Trac Entrepreneurship with 17
enrollees scheduled to graduate in the spring of 2024.

Councilmember Thomas asked what has been the feedback from business owners and is there a
concern regarding code enforcement, crime, or police patrolling?

Mr. Allonce noted the workforce seems to be the greatest issue with businesses struggling with
hiring and maintaining staff, along with grants and loans.

Downtown Alleyway Project
Mr. Allonce noted offer letters have been signed by property owners and noted there is a meeting
planned with Falcon Design Consultants to discuss the utilities.

Councilmember Alexander asked what is needed to start the Alleyway Project, and asked who is
responsible for relocating the utilities.

Mr. Aaron noted the Economic Development Director has changed hands a number of times during
the project from James Touchton to Alan Peterson and now Kim Allonce, and that has slowed down
the project.

Mr. Gardiner noted the Economic Development Director, Kim Allonce, is the Project Manager, and
commended Mr. Allonce on the progress made in his short tenure.

Councilmember Thomas stated the importance of the City Council being kept informed on the
progress and/or delay of projects with bi-weekly updates from the City Manager. All members
agreed.
2|Page
Downtown Mixed-Use Project
Mr. Allonce noted there had been an RFP issued in the 3rd Quarter of 2023 and he and the City
Manager have met with a number of interested developers, noting parking and the impervious
surface continue to be an issue, and that parking would need to be increased substantially, and that
the TAD could help facilitate with the cost of building a parking deck.

Mr. Gardiner noted the TAD has the oldest homes within the boundaries and date back to the 60’s.

Councilmember Barber noted her support for redevelopment of the downtown but does not support
pushing residents out, noting District 4 was drawn without her input.

Mayor Ford noted Districts were drawn by the legislature and each District is based on population
and was presented to the Council at the Retreat.

Councilmember Thomas noted for the record that he had no input into the drawing of the District
lines and referenced the change in the boundaries when Senator Strickland removed subdivisions
from District 5.

Mr. Gardiner noted the city could freeze the taxes and protect legacy homeowners without
gentrification.

Councilmember Barber recommended the City re-draw the District lines based on the number of
developments that have been approved in District 4, accounting for a significant increase in
population.

Councilmember Alexander referenced the DDA Marketing Report which calls for high-dollar quality
housing.

Mr. Gardiner noted the hospital has a problem with recruiting doctors who are looking for new
housing in the Stockbridge area, also noting the city needs to strike a balance to also include
affordable housing.

Downtown Utility Art Box Project
Mr. Allonce noted (4) residents were selected for the utility art box community contest and the next
step is to obtain encroachment permits.

Wayfinding Project
Mr. Allonce noted the RFQ was issued in November 2023, with two Qualified Vendors selected in
January 2024, and the RFP scheduled to be released in February 2024; noted staff has met with
Sky Design and a cost and timeline to be presented.

Councilmember Alexander noted it was his understanding that Sky Design had already presented
the city with a timeline and the Council agreed the Wayfinding was a Priority project.

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Councilmember Thomas noted the Annexation Referendum was effective January 1, 2023, yet the
city limits signs are not reflective of the city’s current boundaries.
Councilmember Barber requested the deadline to award the Wayfinding be made known to the full
Council.

Mr. Gardiner noted the city’s GIS staff is working on the new maps and boundary lines, and
designing parking similar to what you see in downtown Locust Grove.

Downtown Welcome Center
Mr. Allonce noted the building currently houses the Economic Development Offices, the Main Street
Program Offices and a Conference Room meeting space, noting it bears the name, Ted Strickland
Community Center, and noted staff receives a number of drop in visits from the community inquiring
to rent the facility, as was done in the past; and noted the Main Street Advisory Board has worked
to rename the facility as has landed on “Downtown Stockbridge Connection Center”, and would like
to make a presentation to the Mayor & Council to support the name change, noting a marker would
be placed at the facility in honor of Ted Strickland.

Mr. Gardiner suggested the city meet with the community regarding the name change, similar to
what is done when changing a street name.

Motion to approve the name change of the building to: Downtown Stockbridge Connection Center
with a presentation by Main Street at the February 27th Work Session meeting made by
Councilmember Thomas; seconded by Councilmember Alexander. The motion passed unanimously
4-0.

Downtown Beautification
Mr. Allonce noted the bridge is one of the biggest complaints of the downtown business owners,
noting it is if face of the downtown and Main Street District and there needs to be a mechanism in
place that routinely cleans the bridge and keeps it clean.

Mr. Aaron was tasked with reaching out to GDOT (Georgia Department of Transportation) to
coordinate routinely pressure washing the bridge.

Mr. Allonce spoke about the proposed “new face” of downtown storefronts in the downtown area
utilizing the Façade Grant Program and loans.

Downtown Business Incubator
Mr. Allonce proposed bringing in a Downtown Business Incubator and asked for Council support.

Mayor Ford agreed with the concept and members of Council agreed as well.

Mr. Allonce noted the idea would be presented at the next DDA meeting in February.

PATH Foundation Professional Services Agreement
Mr. Eric Ganther of the Path Foundation noted the will provide the City of Stockbridge services for
the development of the Stockbridge Strategic implementation and Master Plan for Trails which will
4|Page
verify the feasibility of all proposed trails and identify additional trail opportunities within the city
limits; noted during the strategic implementation and master planning process, the scope of basic
services will be completed by PATH within eight months; and reviewed the Scope of Basic
Services, Project Kick Off, Deliverables, Timelines and Implementation of the Master Plan for Trails.

Mr. Ganther noted the next step is to go from Plan A to Action and referenced the Reeves Creek
Trail Expansion; referenced the city’s SPLOST List noting there are restrictions; noted that overall,
trails contribute to the health and wellness of your citizenry, and the quality of life; and noted the
PATH Foundation wants to work in coordination with the county and would start with
city/county/state-owned land.

Mr. Gardiner noted the city bonded funds for trails, and noted there is funding in TSPLOST and will
be included in the SPLOST VI List and staff will also seek grant funding; and noted there will be at
minimum three meetings with Council to determine where the project will start.

Motion to approve the Professional Services Agreement between the City of Stockbridge and the
PATH Foundation, Inc. in the amount of $121,425 made by Councilmember Alexander; seconded
by Councilmember Barber. The motion passed unanimously 4-0.

Falcon Design Eng. & Consultants Projects Update – Adam Price, John Palmer & Mike Crawford

LMIG Resurfacing Project
Mr. Adam Price noted there was a Change Order issued for East Coast Grading whereas they will
begin the resurfacing of Walt Stephens Rd. o February 20, 2024 and has until the end of March to
complete the project; and noted the increase in funding at the state level, and the city’s LMIG List
may need to be adjusted if additional funds are distributed.

Amphitheater Pon Repair Project
Mr. Price noted the Amphitheater Pond has been repaired by the City’s On-Call Engineers, Site
Engineering in the amount of approximately $40,000 replacing the rockets and noting the
vegetation is also being replaced.

Mr. Gardiner noted the clay was not put in initially, and that there is now a depth meter installed,
and there is also a water source to tap into the city’s water line, and that was not the case before.

Councilmember Thomas asked if this is something that should have been known.

Mr. Price responded yes, noting the clay layer was on the drawings, however, never installed.

East Atlanta Rd./Lee Street Road Widening Project
Mr. Price noted the East Atlanta Rd./Lee Street/N. Lee Street projects are expected to be
completed
by April 20, 2024, if not before; noting there are 6’ wide sidewalks on Lee Street with stairs.

Councilmember Barber expressed the importance of rebuilding relationships with members of the
First Baptist Church and other members of the community.
5|Page
Tye Street Area Sidewalk/Curb & Gutter Project
Mr. Price noted Rosenwald has been added to the list; noted there are 190 properties involved in
the project and that there are issues with property records; and noted the project is slated to install
sidewalks on the Glynn Addy subdivision side of the street to Red Oak Road.

Mr. Price noted there will be Beauty Strips along Tye Street along with a 2 foot wall and fence with
non-irrigated sod; noted the driveway leading into Smith Barnes Elementary School may have to be
redone; noted the project will repair stormwater runoff at Rosenwald, restating that there are issues
with right-of-way acquisitions; noted curb & gutter 6” high- currently non-existent; noted Childs
Street to Red Oak Rd. will have 10’ paths; noted there is no room for a 10’ path at the Pump Station
on Tye Street (currently 4’ – 5’ sidewalk); and noted it will require a re-do of the pump station and
the accel lane, and noted M L King, Sr. Heritage Trail/Berry Street would have 10’ to 5’ to Second
Street and Second Street would have 5’ sidewalks adjacent to the curb with no landscaping.

Mr. Price noted Tye Street would be completed in March and Second Street would be completed in
May. Councilmember Thomas expressed concerns regarding the interior streets.

Transfer Station – Memorial Park
Mr. Gardiner noted the proposed new entrance to Memorial Park and the main entrance will be
where the current Transfer Station is now and there will be an increase in parking spaces and a
small pedestrian bridge.

Councilmember Thomas spoke about the long-term vision for M L King Sr. Heritage Trail, and the
idea of making the trail a destination leading into and including the historic areas and landmarks of
the city.

Bridges of Jodeco
Mr. Palmer noted he spoke with Mr. Jeff Grant who advised that the apartments are leasing fast
and that Stockbridge is getting higher income/higher rent than areas on the north side of Atlanta;
noted 1Bedroom Studios are leasing for $1,700; noted Costco is very busy and Sprouts broke
ground today; and the prototype Chick-Fil-A will e a great addition as well as First Watch (serving
breakfast and lunch) and Waterbury; noted Stockbridge has proven that the market can carry the
higher rental rates and is doing better than Fayetteville.

Mr. Gardiner noted this is great news and will elevate the entire city.

Motion to adjourn at 4:41 p.m. was made by Councilmember Thomas; seconded by Mayor Pro Tem
Berry. The motion passed unanimously 4-0.

Respectfully submitted by:

6|Page
Vanessa Holiday, City Clerk Anthony S. Ford, Mayor

7|Page
COUNCIL RETREAT
5785 Peachtree Dunwoody Rd.
Sandy Springs, GA 30242
February 7, 2024
9:00 a.m.
Summary Minutes
Mayor & City Council Administration
Mayor Anthony S. Ford Frederick Gardiner, City Manager
Mayor Pro Tem Kyle Berry Sr. Vanessa Holiday, City Clerk
Councilmember Elton Alexander Vacant, City Treasurer
Councilmember Yolanda Barber Quinton Washington, City Attorney
Councilmember LaKeisha Gantt Samantha Embry, City Attorney
Councilmember Alphonso Thomas

Mission: To provide visionary leadership and superior municipal services that enhance the quality of
life for citizens while creating a welcoming business atmosphere focused on sustainability and
expansion of tourism and cultural events.

Staff Present: Decius Aaron, Public Works Director and Frank Trammer, Police Chief, Richard
Godfrey, Major and Ron Momon, Major

DAY TWO AGENDA

Mayor Ford called the meeting to order at 9:08 a.m.

Invocation by Councilmember Thomas

Pledge of Allegiance recited by all in attendance.

City Clerk, Vanessa Holiday was asked to proceed with the roll call. All members were present.

Motion to adopt the Agenda made by Mayor Pro Tem Berry; seconded by Councilmember
Gantt. The motion passed unanimously 5-0.

Mayor Ford read the Civility Pledge that has been adopted by the City: The way we govern ourselves
is often as important as the positions we take. Our collective decisions will be better when differing
views have had the opportunity to be fully vetted and considered. All people have the right to be
treated with respect, courtesy, and openness. We value all input. We commit to conduct ourselves
at all times with civility and courtesy to each other.

Mr. Gardiner gave a review of Day One referencing downtown project updates and incentives from
Mr. Allonce, the PATH Foundation Agreement and scope from Mr. Ganther, the renaming of the Ted
Strickland Community Center, and updates from Falcon Design Consultants; and gave an overview of

1|Page
today’s meeting Agenda to include a presentation from the Police Chief, followed by a tour of Sandy
Springs.

Councilmember Alexander asked that the Connection Center remain open to the public and include
marketing materials on display.
Councilmember Thomas noted the City Council has requested timely updates and referenced MBO
(Management by Objective).

Mayor Pro Tem Berry agreed, noting there needs to be a cadence established whereas there is a
process by which the Mayor & City Councilmembers receive updates on projects, and that there is
to be a process and transfer of information, that in the event a Director leaves, the project will
continue to move.

Councilmember Gantt noted the Council has previously established a project reporting timeline and
there was a time when the City Manager’s Office would place the report in the Agenda Book.

Councilmember Alexander noted he is focused on results and prefers weekly updates and a
monthly report to be received no later than the seventh day after the end of each month.

Mr. Gardiner referenced the city’s See Click software and information tool that is not being used to
its full capacity; agreed with the weekly and monthly reporting requests and referenced the growth
of the city without any executive positions added.

Police Department
Chief Trammer noted the importance of succession planning, with crime as the metric; noted police
departments must police smarter and made a request for a Crime Analyst position along with a
$14,000 software program.

Councilmember Gantt noted it would be wise to make the investment in the polling data software
which would be less costly than hiring staff, with benefits and equipment.

Major Richard Godfrey noted it takes 8 – 10 hours to look at migrant data; and noted there are
software programs available today to streamline the process and will research the history of records
management system.

Chief Trammer noted the system previously used by the County has been suspended as it was
deemed to be too convoluted; and noted the department has been looking at software and is seeing
the cost of up to $500,000; and noted there are validity questions with some of the data being
received from the county and noted the police department is currently paying Henry County
$39,000 annually and is paying $29,000 annually for the police department’s use of the city’s Tyler
Technology software.

Councilmember Thomas noted his concern regarding patrolling and asked Chief Trammer what the
plan is to increase patrolling throughout the city for a more visible police presence.

2|Page
Chief Trammer noted there are four (4) Zones with one officer assigned to each zone, and there are
challenges with having a young police department and different breed of officer in 2024.

Mayor Pro Tem Berry asked if the city is still utilizing Henry County for 911 Services and asked
what the frequency of reporting is.

Chief Trammer confirmed the Stockbridge PD is using the County for 911 services, and that the you
can compare calls for service and incident reports; and noted the police department is using more
real time data; noted the city’s police department does not have a Special Investigations Unit and
will need to rely on Henry County; noted the Henry County Sheriff’s Office has suspended their
Special Investigation Unit due to a staff shortage, and recommends combining resources.

Councilman Thomas noted that there are a number of issues happening in the background that
citizens and business owners are unaware of, and they just want to see policing.

Mayor Pro Tem Berry noted you can use GCIC Data to pull statistical data.

Mayor Ford asked if there are Mutual Aid Agreements in place.

Chief Trammer confirmed and note the police department relies on Georgia State Patrol for
services regarding accident fatalities at no cost; and noted the department is paying Henry County
$6,000 annually to use the gun range, where initially the use was free of charge.

Chief Trammer noted the Henry County can enforce within the County, to include Stockbridge city
limits.

Attorney Washington noted the citations may be beyond the City’s Code of Ordinances, and the city
could not compel them to submit those citations to the Stockbridge Municipal Court.

Mayor Pro Tem Berry noted that with the addition of the Stockbridge Police Department, the area in
which the Henry County Police have to cover has been reduced.

Chief Trammer noted the police department is working towards state certification by the end of the
year, noting only 150 departments are accredited.

Mayor Ford asked about the recent news regarding Ring cameras.

Chief Trammer noted the city’s police department utilizes Flock cameras (18 Fixed) and (1 Mobile)
along major thoroughfares, and in police vehicles; noted twelve (12) traffic cameras strategically
placed throughout and a drone program, all funded by ARPA; and noted there needs to be specific
training to operate the equipment.

Chief Trammer noted flashing lights are not required in the school zone, and that an SRO is in
place directing traffic before and after school is in session; and noted federal funding was received
for the License Plate Readers in the school zones.

3|Page
Councilmember Alexander noted the city’s homeless camps and panhandling must be addressed.

Chief Trammer stated that in order to address the needs of the community, the police department
needs 79 officers, and the department is currently at (62) plus the (4) Public Safety Officers added
in the FY2024 Budget for a total of 66, therefore short (13) officers and needs two additional Code
Enforcement Officers.

Councilmember Gantt noted there needs to be more patrolling of businesses, more Code
Enforcement citations issued, citations for overgrown grass, and junk vehicles.

Councilmember Thomas noted the importance of Code Enforcement, Public Safety and Public
Works being critical departments of every city as they represent the face of the city, and everyone
wants to live in a clean and safe city.

Chief Trammer noted that Major Godfrey is spending 70% of his time on financial matters and
grants for the department.

Councilmember Gantt asked what the role is for the city’s Grant Administrator and what assistance
is being offered to the department.

Mr. Gardiner noted the Grants Administrator is to make sure the city remains in compliance with the
receipt of federal funding.

Mayor Ford asked where the city can find the funding for two additional Code Enforcement Officers.

Mr. Gardiner noted 2024 is a wash, and the request would be considered for the FY2025 budget.

Councilmember Gantt noted that she would not commit to any new taxes.

Chief Trammer stated that his request is to increase the police department budget by $1.5 million
dollars for salary costs and equipment.

Councilmember Alexander asked at what level is the department currently operating, and what
adjustments can be made.

Chief Trammer’s response was Level C – and needs a minimum of (10) ten additional officers.

Mr. Gardiner noted $500,000 can be moved from Capital to salaries and $711,000 from the 2024
First Quarter Speed Detection funds to cover the equipment and would require a Budget
Amendment to be approved by the Council.

Councilmember Barber noted that it was her understanding that the 3.77 millage was implemented
to pay for police services.

Mayor Pro Tem Berry asked what the proposed revenue projects look like for Quarter 2, 3 and 4,
and also asked what grants are being sought.
4|Page
Mr. Gardiner noted the digest will be reviewed in July, and staff will put projections together.

Chief Trammer noted Pulte Homes donated $25,000 to the police department to be used to support
bonuses and salaries for the department to remain competitive; and noted that when an officer
completes the Police Training Academy, he/she is required to remain with the city for two years.

Mr. Gardiner also noted that it is important for the officers to have access to affordable housing and
is working with Shannon Sagnot with Henry County on options.

Councilmember Barber suggested a shift differential.

Chief Trammer noted there is not a need to incentivize, however, you may need to consider a
bonus as other police departments are advertising.

Councilmember Gantt noted Stockbridge set the mark with salaries, take home cars and benefits;
however, the city cannot afford to continue to operate that way.

Chief Trammer noted there is a good supply of applications, and that 1 out of 10 will be hired.

Mayor Ford noted the HOA’s are paying for off-duty officers to patrol their neighborhoods from their
HOA budgets.

Motion to adjourn at 12:15 p.m. was made by Councilmember Barber; seconded by Councilmember
Alexander. The motion passed unanimously 5-0.

Respectfully submitted by:

Vanessa Holiday, City Clerk Anthony S. Ford, Mayor

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COUNCIL RETREAT
5785 Peachtree Dunwoody Rd.
Sandy Springs, GA 30242
February 8, 2024
9:00 a.m.
Summary Minutes
Mayor & City Council Administration
Mayor Anthony S. Ford Frederick Gardiner, City Manager
Mayor Pro Tem Kyle Berry Sr. Vanessa Holiday, City Clerk
Councilmember Elton Alexander Vacant, City Treasurer
Councilmember Yolanda Barber Quinton Washington, City Attorney
Councilmember LaKeisha Gantt Samantha Embry, City Attorney
Councilmember Alphonso Thomas

Mission: To provide visionary leadership and superior municipal services that enhance the quality of
life for citizens while creating a welcoming business atmosphere focused on sustainability and
expansion of tourism and cultural events.

Staff Present: Decius Aaron, Public Works Director

DAY THREE AGENDA

Mayor Ford called the meeting to order at 9:04 a.m.

Invocation by Councilmember Alexander

Pledge of Allegiance recited by all in attendance.

City Clerk, Vanessa Holiday was asked to proceed with the roll call. All members were present except
Councilmember Gantt.

Motion to adopt the Agenda made by Councilmember Barber; seconded by Councilmember
Alexander. The motion passed unanimously 4-0.

Mayor Ford read the Civility Pledge that has been adopted by the City: The way we govern ourselves
is often as important as the positions we take. Our collective decisions will be better when differing
views have had the opportunity to be fully vetted and considered. All people have the right to be
treated with respect, courtesy, and openness. We value all input. We commit to conduct ourselves
at all times with civility and courtesy to each other.

Motion to convene Executive Session made by Councilmember Alexander; seconded by
Councilmember Barber. The motion passed unanimously 4-0.

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Motion to adjourn Executive Session and sign an Affidavit without Action made by Councilmember
Alexander; seconded by Mayor Pro Tem Berry. The motion passed unanimously 4-0.

Motion to reconvene the meeting made by Councilmember Alexander; seconded by Mayor Pro Tem
Berry. The motion passed unanimously 4-0.

Mr. Gardiner gave a review of Day Two noting there are challenges with the police department
manpower and technology; and there will be a budget amendment coming before Council to
redistribute funds for (6) new officers and equipment.

Councilmember Alexander stated that he needs to know that the (6) six new officers will be patrolling
officers.

Mr. Gardiner stated that would be up to the Chief.

Councilmember Alexander asked that the Chief be contacted for clarification that the (6) officers
would be patrol officers.

Councilmember Thomas stated that it is the Council’s obligation to make sure effectiveness and
efficiency is taking place with policies and procedures; noted the Council and the community is
seeking more police presence and the directive needs to come from the top with a recommendation
of a minimum of (4) of the new (6) officers be patrol officers. The Council agreed.

Mr. Gardiner reviewed the visit to the Sandy Springs City Center which was formerly an old heavy
commercial area; noted the city is complimented by the cities of Dunwoody, Alpharetta and Roswell;
noted the housing stock average is one million dollars with connectivity to great restaurants and retail
within walking distance and mixed-use developments; noted the City of Stockbridge is currently
looking at parking options in the downtown area.

Councilmember Alexander noted Sandy Springs has $100,000+ average income and asked the
Council to have the courage to lead and create the vision that you believe in for Stockbridge; and to
consider adding on to City Hall rather than putting $500,000 into the Merle Manders Conference
Center; and noted Sandy Springs has only been a city less than twenty years.

Councilmember Barber referenced the Sandy Springs City Manager’s comments where Ms. Freeman
stated their plan was executed by first purchasing and owning the land to allow the city have control
and work with a perspective developer; and noted the importance of correcting the Code to prohibit
sub-dividing lots and asked the Council to revisit the plans to acquire properties in the downtown
moving forward; noted the Sandy Springs re- development did not happen overnight and that the City
of Stockbridge should not expect that either; and noted overall, the Sandy Springs complex was
impressive, especially the Arts Center.

Mayor Ford noted that as it relates to property acquisitions, the question to be answered by the
Council is, are you willing to pay the price of the properties, and the Council should revisit the plan
and have conversations with the DDA and the City Manager.

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Councilmember Alexander noted the previous Broker, (Capehart) presented a $20 million plan to the
city; and noted the city has put out an RFP for the land across from city hall based on what the city
wants to see in the downtown, noting high density is okay as long as it is not low quality density, but
high density with high quality as the Market Study suggests; and noted the DDA is looking for
Public/Private partnerships.

Mayor Pro Tem Berry noted he was impressed with the Sandy Springs structure as a whole and the
connectivity, and also saw the number of staff required to run the operations along with the
maintenance and budget required; and noted the balconies overlooking the venue, the views and the
neighborhood were great and hopes to incorporate some of the entertainment area at city hall to
make low hanging fruit transformations.

Treasurer Recruitment
Mr. Gardiner advised the Council that resumes have been included in their Agenda packets for
review, noting the City Treasurer is a Council appointment.
Councilmember Alexander asked Mr. Gardiner if he is familiar with any of the candidates and how the
Interim is doing.
Mr. Gardiner advised that he is familiar with two of the candidates, one candidate he worked with in
East Point, and the Interim, who is holding down the fort.
Councilmember Thomas referenced the directive issued at the January 8th meeting to place the City
Treasurer position back out for recruiting.
Mayor Pro Tem Berry noted the resumes in the packet are the same resumes sent to the Council in
2023 by Ms. Wheeler, the HR Manager.
Councilmember Barber asked the City Manager to instruct the HR Manager to send a letter of
acknowledgement to the applicants of their resumes and to find out if they are still available; advertise
the City Treasurer position with multiple outlets including GMA, LinkedIn and Indeed with a closing
date of March 24, 2024, and submit all applications that meet the minimum qualifications to the
Governing Body for review. The Council agreed.
SPLOST VI
Mr. Aaron referenced his seven-year tenure with the city as the Public Works Director, and noted
there were several major throughfares that were previously maintained by the County that are now
the responsibility of the city; noted the County is taking the lead on TSPLOST Projects in coordination
with the city specifically with the curb and gutters project and trails; noted the city is in need of storage
space in addition to the Maintenance Shop renovation and repairs, incorporating room for growth.
Mayor Ford suggested prioritizing SPLOST VI Projects.
Mr. Aaron presented a spreadsheet of proposed SPLOST VI Projects which allocated $2 million
dollars to each District for Road Resurfacing and Sidewalks, $19 million dollars for Municipal
Buildings, $7 million dollars for Infrastructure, $5 million dollars for Parks, and $1.5 million dollars for
Vehicles and Equipment, for a total of $44.5 million dollars (estimated).
Mr. Aaron noted the roads are currently being assessed by using a 2019 City of Stockbridge report
and the latest Henry County assessment report.

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Councilmember Barber asked Mr. Aaron and Mr. Gardiner to use the same approach that was used
to re-allocate road resurfacing funds from Davidson Parkway to resurface Walt Stephens Rd. and Mt.
Zion Rd., the same approach should be used to re-allocate funds to resurface Valley Hill Rd.; and
asked that the Council cease with approving developments in District 4 until the infrastructure needs
have been addressed.
Councilmember Alexander noted you should not jump over city roads that have already been ranked
with roads that were newly annexed into the city, noting pressure should be placed on County
Commissioners who did not address the poor condition of these roads prior to them being annexed
into the city of Stockbridge; and noted Walt Stephens Rd. carries a lot of traffic when I-75 backs up,
making it a prime economic corridor.
Councilmember Barber referenced the new developments and revitalization of the downtown area,
noting East Atlanta Road needs to be widened with the increased population and developments; and
referenced the lighting that was recently added to Campground Road and Speer Road needs to also
be installed along Valley Hill Road and Davis Road; and more conversation and dialogue needs to
take place between city and county officials to work together.
Councilmember Thomas referenced the city’s Comprehensive Plan to be used as a tool and a guide
for developments in the city, and that resources need to be directed to the areas of the city where
there is an abundance of development to make sure the infrastructure can sustain the new
developments.
Councilmember Alexander motioned to use the Ranking System to assess the roads; seconded by
Mayor Pro Tem Berry. The motion passed unanimously 4-0.
Councilmember Gantt joined the meeting at 1:44 p.m.
Mr. Gardiner asked the Council to provide guidance on the SPLOST VI List.
Councilmember Thomas noted the importance of Arts in the community.
Councilmember Alexander suggested $300,000 towards the Pedestrian Bridge.
Councilmember Gantt noted the city’s Wayfinding Signage should be a priority along with expanding
City Hall due to growth, and noted the citizens want a community center.
Streetlights
Mr. Aaron noted the Council selected Option 2 for the Streetlight Program with the cost to the city
approaching $1.1 million dollars, and proposed an Annual Homeowner Fee effective January 1, 2025
and excluding the following major thoroughfares: Campground Rd., Davidson Pkwy., Davis Rd.,
Eagles Landing Pkwy., Flippen Rd., Hudson Bridge Rd., N. Henry Blvd., Old Atlanta Rd., Old Conyers
Rd., Patrick Henry Pkwy., Rock Quarry Rd., Shields Rd., Speer Rd., Valley Hill Rd. and Walt
Stephens Rd.
Motion to approve the Annual Street Light Assessment Fee to homeowners excluding the major
thoroughfares made by Councilmember Gantt; seconded by Councilmember Alexander. The motion
passed unanimously 5-0.
Motion to task staff to assess the streetlights for Davis Rd; Valley Hill Rd. and Shields Rd. made by
Councilmember Barber; seconded by Mayor Pro Tem Berry. The motion passed unanimously 5-0.

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Mr. Aaron was tasked with revisiting the city’s Streetlight Policy and bringing updates and revisions to
the Council for final approval.
Amphitheater
Mr. Harold Young noted the 2023 Concert Series was a great success; introduced the 2024 Team;
noted 2023 had 19 paid concerts, 1 graduation, and 3 city events; noted Amphitheater staff is working
with Visit Henry to promote the Concert Series; VyStar has renewed its sponsorship of $60,000 and
Amazon is in negotiations for sponsorship renewal.
Mayor Ford noted VyStar has also sponsored a number of city events in addition to being an
Amphitheater sponsor.
Councilmember Barber noted a request was made for Pepsi to be the naming rights sponsor, and
Vulcan was recommended as well.
Mr. Young noted the marketing team is in negotiations and will report back to the Council with
updates.
Councilmember Thomas suggested a better system for reporting as per the contract.
Motion to approve the Ordinance prohibiting outside drinks with the exception of water in coolers no
larger than 12 x 12 made by Councilmember Alexander; seconded by Mayor Pro Tem Berry. The
motion passed 4-0-1 (Gantt Abstained).
Mr. Young was asked to provide information on food trucks from other venues.
Motion to approve a Resolution to prohibit outside food from being brought into the venue made by
Mayor Pro Tem Berry; seconded by Councilmember Alexander. The motion passed unanimously 5-0.
Councilmember Thomas asked how the city would get a true accounting of concessions.
Mr. Gardiner suggested charging a flat rate/fee to vendors; and will bring back the Toast Point of Sale
system for alcohol.
Mr. Young stated the $2 million dollars budgeted for the Amphitheater is not sufficient, noting, another
$2 – 3 million dollars will be required.
Motion to adjourn at 6:03 p.m. was made by Councilmember Alexander; seconded by Mayor Pro
Tem Berry. The motion passed unanimously 5-0.

Respectfully submitted by:

Vanessa Holiday, City Clerk Anthony S. Ford, Mayor

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CITY COUNCIL MEETING
SUMMARY MINUTES
MONDAY, FEBRUARY 12, 2024 6:00 P.M.
Mayor & City Council
Mayor Anthony S. Ford At-Large
Mayor Pro Tem Kyle Berry – Council District 3
Councilmember Elton Alexander – Council District 5
Councilmember Yolanda Barber – Council District 4
Councilmember LaKeisha Gantt – Council District 1
Councilmember Alphonso Thomas – Council District 2
Administration
Frederick Gardiner – City Manager
Vanessa Holiday – City Clerk
Cassandra Lester – Deputy City Clerk
Vacant – City Treasurer
Quinton Washington – City Attorney
Samantha Embry – City Attorney
Mission: To provide visionary leadership and superior municipal services that enhance the
quality of life for citizens while creating a welcoming business atmosphere focused on
sustainability and expansion of tourism and cultural events.
The meeting was called to order by Mayor Ford at 6:24 p.m.
Invocation by Bishop Tillman (Floyd Baptist Church)

The Pledge of Allegiance was recited by all in attendance.

City Clerk, Vanessa Holiday was asked to proceed with a verbal roll call. All Members
were present.

Motion to amend the Agenda to add a brief presentation from the Stockbridge Youth
Council made by Mayor Pro Tem Berry; seconded by Councilmember Alexander. The
motion passed unanimously 5-0.
Motion to adopt the Agenda made by Councilmember Gantt; seconded by
Councilmember Barber. The motion passed unanimously 5-0.
Motion to approve the Minutes for the following meetings was made by Mayor Pro Tem
Berry; seconded by Councilmember Alexander. The motion passed unanimously 5-0.
1. Council Meeting Minutes January 8, 2024
2. Work Session Minutes January 30, 2024

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PUBLIC COMMENTS
There were no public comments.

CEREMONIAL REVIEW
3. Mayor Ford referenced the proclamations for Black History Month, Unity
Grove Rosenwald School Preservation, Gymnast Nasiara Riley of Flip City
South, and Human Trafficking Awareness and Prevention; and noted the
swearing in of re-appointed Board and Committee members for the Public
Facilities Authority, Rashawn George Rich; Downtown Development
Authority Board members Robert Anderson and Warren Washington;
Youth Council Advisory Committee member Sharika Zellars, and
Stockbridge Municipal Court Judge, Matthew McCord.

STOCKBRDIGE YOUTH COUNCIL EXPO REQUEST
The Stockbridge Youth Council presented its first Youth Entrepreneurship
Expo Proposal to take place on Saturday, March 30, 2024 at Clark Park
and requested Mayor & Council support along with use of Banner
Displays, Tables & Chairs for Vendors, Assistance for setup and
breakdown; noted the Expo will create an opportunity for at least twenty
young entrepreneurs (under age 21), in the Stockbridge area to promote
their business, and also spread awareness of the Stockbridge Youth
Council and help with recruiting efforts.

The Governing Body offered full support of the event with the Merle
Manders Conference Center as Plan B (if available) in the event of
adverse weather, and both banner pole locations (noting the Walmart
location may be in a construction zone).

PUBLIC HEARING
1. COMPREHENSIVE PLAN AMENDMENT CASE #CP-2023-08. (Located in
Council District 4.)
Consideration of a request for a Comprehensive Plan Amendment to change
the future land use designation of certain property at 135 & 305 East Atlanta
Road from “Low-Density Mixed-Use” to “Special Purpose” to allow for the
construction of a townhome development. The applicant is Harold R. Singer,
Jr. of Gibeon Consulting Group. The property contains two parcels in Land
Lot 68 of District 12, as are listed below, with 1.65 +/- total acres within the
Stockbridge City Limits. Planning Commission recommendation --
Approval. Staff Recommendation -- Approval.
135 East Atlanta Road (Parcel # S25-01022000)—Contains 1.28 +/- acres.
305 East Atlanta Road (Parcel # S25-01022005)—Contains 0.37 +/-acres.
Presented by: Ryan Anderson, Chief Planner
Mr. Anderson gave a brief overview of Comprehensive Plan Amendment Case
No. CP-2023-08, Rezoning Case No. RZ-2023-09, and Variance Case No.
VR-2023-05 noting each case will require a separate action vote from the City
Council.

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Mr. Anderson noted the Special Purpose Land Use Category was adopted by
the City Council in October 2023 and is consistent with the Comprehensive
Land use and staff recommends approval.

Councilmember Barber noted she supports smart development throughout the
city; noted her concerns for the residents in District 4 and requested
consistency in the manner in which zoning items are presented for all districts,
noting the rules change when developments are presented for District 4 and
referenced the last zoning items presented for District 5 where the variance
was presented as a separate public hearing item, and today all of the items for
this development have been combined; and expressed concerns about East
Atlanta Road, and the need to widen to accommodate the growth in the area.

Councilman Thomas noted he supports developing the downtown but has a
concern with amending the City’s approved Comprehensive Plan for
developers instead of the developer adhering to the city’s Comprehensive Plan.

Councilman Alexander noted the development would include a 10’ sidewalk
and was not included in the setback; and supports the Georgia Tech Market
Study, Bike & Trail Study and the LCI that supports the need for consumers
and quality housing in the downtown footprint to sustain businesses in the
downtown district.

The applicant’s representative, Harold R. Singer, Jr. of Gibeon Consulting,
Developer, Derrick Harris of Olympian Way Development, gave an overview of
the proposed development, noted the owner, Regonald Sylvain has partnered
with developers Derrick Harris and Salim Morency, who have a combined 30
years of experience to develop the project; and fielded questions from the
governing body and noting he is still in negotiations with GFL; noted the price
point for the all 3BR 2BA Fee-Simple units will be around $300,000 with quality
amenities; and agreed to add the conditions for a mandated HOA, Flock
Camera at entry points, and 10% rental cap.

Public Hearing Opened
Speakers in Favor: Mr. Nathan Banks, Ms. LaTanya McGriggs, Mr. Nyck
Armstead and Mr. Antwan Cloud.
Speakers Opposed: Mr. Kenneth Gipson, Ms. Donna Barbe, Mr. Rusty Dobbs,
and Mr. James (Phil) Crosby.

Mr. Singer noted the HOA would restrict parking on the street (E. Atlanta Rd.).

Mayor Pro Tem Berry inquired about the square footage of each unit and
asked if a Topography Study had been completed to address water runoff.

Mr. Harris noted the units will be 2,000 sq. feet and the study was part of the
process.

Councilman Thomas spoke about future plans to widen East Atlanta Rd.

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Mr. Gardiner responded that Henry County has no plans to widen East Atlanta
Rd.

Councilman Alexander stated the development fits into the Special Purpose
Category approved by the Council and the Georgia Tech Market Study.

Mr. Anderson noted the plans have been vetted and are in line with the
Downton Pedestrian Bike Plan, the Georgia Tech Market Study, the LCI, and
will increase the value of the surrounding properties.

The Applicant, Mr. Regonald Sylvain noted he is a 30+ year resident since
1998, and businessman, and spoke in favor of the development and future
quality developments in the city, noted he is also the owner of Frozen Smoke,
a downtown business and that he will comply with the city’s vision and the
city’s RSVP Plan 100%; noted the downtown needs density, and patrons in
walking distance of downtown eateries and shops; referenced 50 acres he
purchased in the Eagles Landing area where homes are being developed that
range from $800,000 to $1,000,000; and noted he is looking to develop the
three-acre site across from city hall.

Public Hearing Closed.

Motion to deny Comprehensive Plan Amendment Case No. CP-2023-08 made by
Councilmember Barber. No second. The motion failed due to lack of a second.

Motion to approve Comprehensive Plan Amendment Case No. CP-2023-08 was
made by Councilmember Alexander; seconded by Councilmember Gantt. The
motion passed 3-1-1 (Alexander, Berry, Gantt Approved); (Barber Opposed);
(Thomas Abstained).

2. REZONING CASE #RZ-2023-09. (Located in Council District 4.)
Consideration of a request for a rezoning to rezone certain property at 135 &
305 East Atlanta Road from ‘SR’ (Suburban Residential) to ‘MFR’ (Multiple
Family Residential) to allow for the construction of a townhome development.
The applicant is Harold R. Singer, Jr. of Gibeon Consulting Group. The
property contains two parcels in Land Lot 68 of District 12, as are listed below,
with 1.65 +/- total acres within the Stockbridge City Limits. Planning
Commission recommendation -- Approval with conditions. Staff
recommendation -- Approval with conditions.
135 East Atlanta Road (Parcel # S25-01022000)—Contains 1.28 +/- acres.
305 East Atlanta Road (Parcel # S25-01022005)—Contains 0.37 +/-acres.
Presented by: Ryan Anderson, Chief Planner
Motion to approve Rezoning Case No. RZ-2023-09 with Staff Recommended
Conditions and additional Conditions for a mandated HOA, Flock Camera at
entry points, and 10% Rental Cap was made by Councilmember Gantt;
seconded by Councilmember Alexander. The motion passed 4-1 (Alexander,
Berry, Gantt and Thomas Approved); (Barber Opposed).

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3. VARIANCE CASE #VR-2023-05. (Located in Council District 4.)
Consideration of three variances for certain property at 135 & 305 East Atlanta
Road to allow for the construction of a townhome development. The variance
requests are as follows: 1) to reduce the front yard setbacks from the required
50 feet to 15 feet; 2) to reduce the required side yard setbacks from 15 feet to
10 feet; and 3) to increase the allowable maximum lot coverage from 50
percent to 60 percent. The applicant is Harold R. Singer, Jr. of Gibeon
Consulting Group. The property contains two parcels in Land Lot 68 of District
12, as are listed below, with 1.65 +/- total acres within the Stockbridge City
Limits. Planning Commission recommendation -- Denial. Staff
recommendation -- Approval.
135 East Atlanta Road (Parcel #S25-01022000)—Contains 1.28 +/- acres.
305 East Atlanta Road (Parcel # S25-01022005)—Contains 0.37 +/-acres.
Presented by: Ryan Anderson, Chief Planner
Motion to approve Variance Case No. VR-2023-05 was made by Councilmember
Alexander; seconded by Councilmember Gantt. The motion passed 4-1
(Alexander, Berry, Gantt and Thomas Approved); (Barber Opposed).

4. COMPREHENSIVE PLAN AMENDMENT CASE #CP-2023-09. (Located in
Council District 4.)
Consideration of a request for a Comprehensive Plan Amendment to change
the future land use designation of certain property on the north side of North
Henry Boulevard and west side of Center Street, as are listed below, from
“Low-Density Mixed-Use” and “Medium-Density Residential” to “Medium-
Density Residential” to allow for the construction of a townhome
development. The applicant is Forestar (USA) Real Estate Group, Inc.,
represented by J. Alexander Brock of Smith, Gambrell & Russell, LLP. The
property contains five parcels in Land Lot 12 of District 6, as are listed below,
with 15.601 +/- total acres within the Stockbridge City Limits. Planning
Commission recommendation -- Approval. Staff recommendation -- Approval.
4844 North Henry Boulevard (Parcel #S18-02003000) --Contains 1.20 +/-
acres. Existing future land use designation: ‘LDMU’ (Low-Density Mixed-Use).
4882 North Henry Boulevard (Parcel #S18-02002005) --Contains 1.09 +/-
acres. Existing future land use designation: ‘LDMU’ (Low-Density Mixed-Use).
4900 North Henry Boulevard, first tract (Parcel #S18-02002000) --Contains
10.62 +/- acres. Existing future land use designation: ‘MDR’ (Medium-Density
Residential).
4900 North Henry Boulevard, second tract (Parcel #S18-02002006) --Contains
2.21 +/- acres. Existing future land use designation: LDMU’ (Low-Density
Mixed-Use).
Parcel on Center Street with No Address (Parcel #S18-02004009) -- Contains
0.56 +/- acres. Existing future land use designation: ‘LDMU’ (Low-Density
Mixed-Use).
Presented by: Ryan Anderson, Chief Planner
Mr. Anderson gave a brief overview of Comprehensive Plan Amendment Case
No. CP-2023-09, Rezoning Case No. RZ-2023-10, and Variance Case No.
VR-2023-06 noting each case will require a separate action vote from the City
Council.

5|Page
The applicant’s representative, J. Alexander Brock of Smith, Gambrell &
Russell LLP, gave an overview of the proposed development, and fielded
questions from the governing body, noting the amenities will include a pool,
clubhouse, and dog walk area; noted the developer reached out to the
community on January 24th and there were ten participants via Zoom; noted the
development will be all 3BR units 1400 – 2000 sq. ft. with 80% 2-car garage
and 20% 1-car garage with a price point around mid $300,000’s; noted the final
grading has not been completed; noted 30% of open space in the
development.

Mayor Pro Tem Berry asked why the variance was needed with so much land
available i.e., the open space.

Mr. Brock referenced grading concerns, and the reduction of landscaping from
the front that the HOA will not have to maintain.

Conditions added include: All 2-car garages, 10’path along the front of the
development, gated, flock camera at entry points and avg. 1800 sq. ft. units.

Public Hearing Opened
Speakers in Favor: None.
Speakers Opposed: Mr. Charles Freeman, Ms. Karen Charmaine,
Mr. Kenneth Sprayberry, Ms. Charlene Johnson, Ms. Elizabeth Hargrove, Ms.
Nancy Payne Coffman, and Mr. William Coffman (written submission).

Motion to Defer made by Councilmember Thomas; seconded by
Councilmember Barber. The motion failed 2-3 (Barber and Thomas Approved);
(Alexander, Berry and Gantt Opposed).

Motion to convene Executive Session for Real Estate Matters made by
Councilmember Gantt; seconded by Councilmember Alexander. The motion
passed 4-1 (Alexander, Berry, Gantt, and Thomas Approved); (Barber
Opposed).

Motion to adjourn Executive Session and approve an Affidavit w/No Action
made by Councilmember Alexander; seconded by Mayor Pro Tem Berry. The
motion passed 4-0. (Councilwoman Gantt was not present for the vote).

Motion to reconvene the meeting made by Councilmember Alexander;
seconded by Mayor Pro Tem Berry. The motion passed 5-0

Motion to approve Comprehensive Plan Amendment Case No. CP-2023-09 was
made by Councilmember Alexander; seconded by Councilmember Gantt. The
motion passed 3-1-1 (Alexander, Berry, Gantt Approved); (Barber Opposed);
(Thomas Abstained).

6|Page
5. REZONING CASE #RZ-2023-10. (Located in Council District 4.)
Consideration of a request for a rezoning to rezone certain property on the
north side of North Henry Boulevard and west side of Center Street, as are
listed below, from ‘SR’ (Suburban Residential), ‘OI’ (Office-Industrial), and ‘C-
1’ (Neighborhood Commercial) to MFR (Multiple Family Residential) to allow
for the construction of a townhome development. The applicant is Forestar
(USA) Real Estate Group, Inc., represented by J. Alexander Brock of Smith,
Gambrell & Russell, LLP. The property contains five parcels in Land Lot 12 of
District 6, as are listed below, with 15.601 +/- total acres within the Stockbridge
City Limits. Planning Commission recommendation -- Approval with
conditions. Staff recommendation -- Approval with conditions.
4844 North Henry Boulevard (Parcel #S18-02003000) --Contains 1.20 +/-
acres. Zoned ‘OI’ (Office-Institutional).
4882 North Henry Boulevard (Parcel #S18-02002005) -- Contains 1.09 +/-
acres. Zoned ‘OI’ (Office-Institutional).
4900 North Henry Boulevard, first tract (Parcel #S18-02002000) --Contains
10.62 +/- acres. Zoned ‘SR’ (Suburban Residential).
4900 North Henry Boulevard, second tract (Parcel #S18-02002006) --Contains
2.21 +/- acres. Zoned ‘OI’ (Office-Institutional).
Parcel on Center Street with No Address (Parcel #S18-02004009) --Contains
0.56 +/- acres. Zoned ‘C-1’ (Neighborhood Commercial).
Presented by: Ryan Anderson, Chief Planner
Motion to approve Rezoning Case No. RZ-2023-10 with Staff Recommended
Conditions and additional Conditions for a mandated HOA, Flock Camera at
entry, 2-Car Garages, 10’ Path along the front of the development, gated with
and 10% Rental Cap, Average unit 1,800 Square Feet was made by
Councilmember Alexander; seconded by Councilmember Gantt. The motion
passed 3-1-1 (Alexander, Berry, and Gantt Approved); (Barber Opposed);
(Thomas Abstained).

6. VARIANCE CASE #VR-2023-06. (Located in Council District 4.)
Consideration of a request for a variance on certain property on the north side
of North Henry Boulevard and west side Center Street, as are listed below, to
allow for the construction of a townhome development. The purpose of the
variance is to reduce the front yard setbacks of the proposed townhome lots
from the required 50 feet to 30 feet under the requested MFR (Multiple Family
Residential) zoning. The applicant is Forestar (USA) Real Estate Group, Inc.,
represented by J. Alexander Brock of Smith, Gambrell & Russell, LLP. The
property contains five parcels in Land Lot 12 of District 6, as are listed below,
with 15.601 +/- total acres within the Stockbridge City Limits. Planning
Commission recommendation -- Denial. Staff recommendation -- Approval.
4844 North Henry Boulevard (Parcel #S18-02003000) --Contains 1.20 +/-
acres.
4882 North Henry Boulevard (Parcel #S18-02002005) --Contains 1.09 +/-
acres.
4900 North Henry Boulevard, first tract (Parcel #S18-02002000) --Contains
10.62 +/- acres.
4900 North Henry Boulevard, second tract (Parcel #S18-02002006) --Contains
2.21 +/- acres.

7|Page
Parcel on Center Street with No Address (Parcel #S18-02004009) --
Contains 0.56 +/- acres.
Presented by: Ryan Anderson, Chief Planner
Motion to approve Variance Case No. VR-2023-06 was made by Councilmember
Alexander; seconded by Councilmember Gantt.
The motion passed 3-1-1 (Alexander, Berry, Gantt Approved); (Barber
Opposed); (Thomas Abstained).

NEW BUSINESS
7. RESOLUTION TO ACCEPT THE DEDICATION OF PORTIONS OF
PROPERTY AT 3986 JODECO ROAD, NEAR CANDLER ROAD, TO BE
USED AS A PUBLIC PARK.
Consideration of a resolution to accept portions of the property at 3986 Jodeco
Road, near Candler Road, within the Stockbridge City Limits, to be dedicated
to the City of Stockbridge by its owner, Candler Road Stockbridge Propco,
LLC, per the executed Dedication Agreement between the parties, dated
December 13, 2023, for use by the City of Stockbridge as a public park, and
for other public purposes, which is to be constructed by the property owner
according to a mutually-agreeable development plan. The property comprises
Parcel #071B03046000, located in Land Lots 63 and 66 of District 7 within
Henry County, Georgia, and it contains two tracts with 1.400 +/- total acres:
“Tract One” containing 0.593 +/- acres and “Tract Three” containing 0.811 +/-
acres, as are depicted by Exhibit “A” and Exhibit “B” of the Dedication
Agreement.
Motion to accept the Agreement from the ik-75 Candler Rd. (Dog Park) made
by Councilmember Alexander; seconded by Mayor Pro Tem Berry. The motion
passed unanimously 5-0.

ANNOUNCEMENTS OF UPCOMING MEETINGS
UPCOMING MEETINGS & ANNOUNCEMENTS: Council meetings will be held in the
City Council Chamber. Meeting dates, locations and times are subject to change or
contact City Hall offices at 770-389-7900 or visit the website www.stockbridgega.org for
updates.

• Stockbridge Citizens-Police Advisory Council meeting 1st Thursday of each
month at 6:00 p.m. at the Stockbridge Police Community Room 4545 N.
Henry Blvd. (Feb 1)
• Council Retreat – February 6 – 8 from 9am – 5pm. Location Sandy Springs,
GA.
• Main Street Advisory Board Meeting 2nd Friday of each month - Welcome
Center/Main Street Offices located at 130 M L King, Sr. Heritage Trail at 9am
(Feb 9).
• URA (Urban Redevelopment Agency) Meeting Monday, February 12th at 5:00
p.m. - City Hall Council Chamber (Feb 12)
• City Council Meeting 2nd Monday of each month at 6:00 p.m. - City Hall
Council Chamber (Feb 12)
• Youth Council Meeting 2nd Monday of each month at 6:30 p.m. - City Hall
Levi Meeting Room (Feb 12)

8|Page
• City Wide Development Authority 2nd Tuesday of each month at 6:00 p.m. -
City Hall Levi Meeting Room (Feb 13)
• Planning Commission Meeting,3rdThursday of each month, 6:30 p.m. - City
Hall Council Chamber - (Feb 15)
• Downtown Development Authority Meeting, 3rd Tuesday of each month
Welcome Center 130 M L King, Sr. Heritage Trail (Feb 20)
• Youth Council Advisory Committee Meeting, 6:30 p.m. -3rd Tuesday of each
month Levi Meeting Room - City Hall (Feb 20)
• City Council Work Session Meeting, last Tuesday of each month at 6:00 p.m. -
City Hall Council Chamber (Feb 27)

UPCOMING CITY EVENTS/INITIATIVES

• Join Councilman Thomas and the Stockbridge Youth Council on February 10th for
the installation of the Adopt-A-Road Sign on Tye Street. More information
to follow.
• Join Councilman Thomas the Monthly Senior Bingo Bash on Wednesday,
February 21 from 10am - 12pm at the Merle Manders Conference Center, 111
Davis Rd. for raffles, prizes, games, snacks and fun!
• Join Councilman Alexander for the District 5 Quarterly Town Hall on
Thursday, February 22nd at 7pm- Location: Silverton Mortgage Financial
Conference Room 175 Country Club Dr. Suite 400 Stockbridge, GA
• Join Councilman Thomas for the 13thAnnual African American Heritage
Celebration, Saturday, February 24th from 5pm – 7pm at the Merle Manders
Conference.
• Join Mayor Ford for the monthly Meet the Mayor on Monday, February
26thfrom 10am – noon.
• Join Councilman Thomas for the Don’t Trash Stockbridge initiative centered
around education highlighting the causes and effects of Littering and Illegal
Dumping. More information to follow.
• Councilman Thomas is honoring Veterans with a Continuous Salute all year long.
Please send your pictures of Veterans with their name, branch, rank, and years of
service.

To schedule an appointment for Meet the Mayor or any additional information
on any Council Initiative, please contact Rosalynd Rawls at 678-833-3348 or via
email at rrawls@stockbridgega.org

MAYOR’S COMMENTS
Mayor Ford wished everyone a Happy Valentine’s Day; noted COVID-19 and RSV are
still with us, and encouraged everyone to get their flu shots and boosters to try to remain
healthy; noted Stockbridge’s own, Will Anderson of the Houston Texans, and former
Dutchtown graduate and Alabama All-American was recently named the National
Football Rookie of the Year; and noted CNN reported the Super Bowl held this past
weekend was the highest rated viewer audience, with the Kansas City Chiefs
Champions; noted this past Saturday, the Stockbridge Amphitheater kicked off 2024
Concert Series and offered discounted tickets at 20% off; and noted the city’s recent
passage of an Ordinance that will not alcohol in the Amphitheater venue, nor will outside
food be allowed into the Amphitheater. Patrons will be allowed to bring in a 12x12 or
9|Page
smaller cooler with water only, and to visit the website: wwww.stockbridgeamp.com for
more information and to see the current shows May 11th feature Tyrese, Eric Benet and
Isiah; May 25th featuring Zapp, Evelyn Champagne King, Rose Royce, and Rick James’
Stone City Band; July 13th featuring Kim and Leela James; July 20th featuring Jodeci,
Johnny Gill and Silk; and July 27th 70’s Soul Jam featuring the Chi-Lites, The
Manhattans, The Legendary Blue Notes; Bloodstone and Peaches & Herb.
Motion to adjourn the meeting at 10:45 p.m. was made by Councilmember Alexander;
seconded by Mayor Pro Tem Berry. The motion passed 5-0.

Respectfully submitted by:

Vanessa Holiday, City Clerk Anthony S. Ford, Mayor

10 | P a g e
WORK SESSION MEETING
SUMMARY MINUTES
TUESDAY, FEBRUARY 27, 2024 6:00 P.M.
Mayor & City Council
Mayor Anthony S. Ford At-Large
Mayor Pro Tem Kyle Berry – Council District 3
Councilmember Elton Alexander – Council District 5
Councilmember Yolanda Barber – Council District 4
Councilmember LaKeisha Gantt – Council District 1
Councilmember Alphonso Thomas – Council District 2
Administration
Frederick Gardiner – City Manager
Vanessa Holiday – City Clerk
Cassandra Lester – Deputy City Clerk
Vacant – City Treasurer
Quinton Washington – City Attorney
Samantha Embry – City Attorney
Mission: To provide visionary leadership and superior municipal services that enhance the
quality of life for citizens while creating a welcoming business atmosphere focused on
sustainability and expansion of tourism and cultural events.
The meeting was called to order by Mayor Ford at 6:08 p.m.
Invocation by Mr. Michael Harris, Henry County Tax Commissioner

The Pledge of Allegiance was recited by all in attendance.

Deputy City Clerk, Cassandra Lester was asked to proceed with a verbal roll call. All
Members were present except Councilman Thomas.

Motion to adopt the Agenda made by Councilmember Barber; seconded by Mayor Pro
Tem Berry. The motion passed unanimously 4-0.
Review of the February 12, 2024 Minutes – No Action.
1. Council Meeting Minutes February 12, 2024

PUBLIC COMMENTS
There were no public comments.

INFORMATIONAL
2. Henry County Tax Commissioner - Homestead Exemption Information
Presented by: Michael C. Harris, Henry County Tax Commissioner
No Action

1|Page
PRESENTATION
3. Main Street Program – Renaming Downtown Building
Presented by Kira Harris Braggs – Main Street Program Manager, and
Board Members Anika Potts and Camille Reynoso Mason,
Ms. Potts gave an overview of the Main Street Program and Mission and
referenced the members of the Main Street Advisory Board.

Ms. Harris-Braggs reviewed the history of the Ted Strickland Community
Center and its use prior to renovating the building for the Economic
Development, Main Street and DDA Offices; referenced the options the
Board narrowed down to rename the building, noting the placement of a
plaque with the offices and a plaque honoring Mr. Strickland, with Council
approval.

Motion to approve the renaming of the former Ted Strickland Community
Center as “Stockbridge Downtown Connection Center” using Channel
Lettering in White or Grey; add plaque outside of the building referencing
the Departments/Offices; add a wall-mounted plaque on the breezeway
wall honoring Mr. Ted Strickland made by Councilmember Alexander;
seconded by Councilmember Gantt. The motion passed unanimously 4-0.

CONSENT AGENDA
4. Council Consideration to fill a vacancy and appoint a Main Street Advisory
Member for a Two-Year Term – Crystal Park – Angie’s Beauty Supply

Council Consideration to fill an unexpired term and appoint a Member to
the Citizens Police Advisory Council - District 4 – Paige Jones III.

Motion to approve the Consent Agenda made by Councilmember Barber;
seconded by Mayor Pro Tem Berry. The motion passed unanimously 4-0.

NEW BUSINESS
5. Council consideration to approve the FY2025 LMIG (Local Maintenance
Improvements Grant) List.
Presented by: Decius Aaron, Public Works Director
Motion to approve the FY2025 LMIG List was made by Councilmember
Gantt; seconded by Councilmember Alexander. The motion passed
unanimously 4-0.

6. Council consideration to approve the City of Stockbridge Economic
Development Strategic Plan 2024 – 2028.
Presented by: Kim Allonce, Economic Development Director, and KB
Advisory Group Staff: Geoff Koski
Mr. Allonce presented the Stockbridge Economic Development Strategic
Plan, recommending approval.

Councilmember Gantt noted she had received a request from the Citywide
Development Authority to defer approval until their Board had an
opportunity to review the plan.

2|Page
Mr. Allonce noted he presented the plan to the Citywide Development
Authority at their last Board meeting, and that the City is under contract
with KB Advisory Group who has already extended the deadline since
January.

Councilmember Alexander noted the Council, and the Boards are
independent of each other.

Mr. Allonce agreed, noting the Economic Development Strategic Plan is
based on the City’s vision and the strategic plan is to have the City and
the Boards all on one accord.

Motion to approve the City of Stockbridge Economic Development
Strategic Plan 2024 – 2028 was made by Councilmember Alexander;
seconded by Councilmember Barber. The motion passed unanimously
4-0.

7. Motion to appoint Council Liaison to the Downtown Development
Authority.
Motion to appoint Elton Alexander as the Council Liaison to the Downtown
Development Authority was made by Councilmember Gantt; seconded by
Mayor Pro Tem Berry. The motion passed 3-0-1 (Alexander, Berry, Gantt
Approved); (Barber Abstained citing DDA Board Members had previously
requested that she be appointed as the DDA Liaison prior to the
establishment of Districts, and noted the downtown area of the city
encompasses her District and wants to make sure the residents and
businesses of District 4 are represented.

8. Motion to appoint Council Liaison to the Citywide Development Authority.
Motion to appoint LaKeisha Gantt as the Council Liaison to the Citywide
Development Authority made by Councilmember Alexander; seconded by
Mayor Pro Tem Berry. The motion passed unanimously 4-0.

9. Motion to appoint Council Liaison to the Youth Council Advisory
Committee.
Motion to appoint Kyle Berry as the Council Liaison to the Youth Council
Advisory Committee made by Councilmember Alexander; seconded by
Councilmember Gantt. The motion passed unanimously 4-0.

DISCUSSION
10. ORDINANCE TO ALLOW ADDITIONAL LICENSES AND LOCATIONS IN
THE CITY FOR SEVERAL TYPES OF BUSINESSES.
Consideration of an ordinance to amend the City of Stockbridge’s Code of
Ordinances relating to dealers in distilled spirits, pawn shops, tire shops,
used car dealerships, and precious gems, so as to clarify the number of
licenses available, and to provide a process for allowing additional
licenses based upon Census data. Planning Commission
Recommendation -- Approval. Staff recommendation -- Approval.
Presented by: Ryan Anderson, Chief Planner

3|Page
Mr. Anderson noted with he increased population as a result of the
Annexation Referendum effective January 1, 2023, the City is required to
increase the number of certain businesses allowed, noting most are
covered by the City’s UDC (Unified Development Code); however, Liquor
Stores are subject to a Lottery Process. Mr. Anderson reviewed the map of
the current location of the (4) four current liquor store locations and
presented the criteria of the available locations.

Councilmembers discussed the City’s Ordinance and the proposed
locations and tasked staff with conducting further research to determine
locations and present the item to City Council at the next Public Hearing
meeting.

ANNOUNCEMENTS OF UPCOMING MEETINGS

UPCOMING MEETINGS & ANNOUNCEMENTS: Council meetings will be held in
the City Council Chamber. Meeting dates, locations and times are subject to
change or contact City Hall offices at 770-389-7900 or visit the website
www.stockbridgega.org for updates.
• City Council Meeting **SPECIAL DATE** Monday, March 4th at 6:00 p.m. - City
Hall Council Chamber (Mar 4)
• Stockbridge Citizens-Police Advisory Council meeting 1st Thursday of each
month at 6:00 p.m. at the Stockbridge Police Community Room 4545 N. Henry
Blvd. (Mar 7)
• Main Street Advisory Board Meeting 2nd Friday of each month - Welcome
Center/Main Street Offices located at 130 M L King, Sr. Heritage Trail at 9am
(Mar 8).
• Youth Council Meeting 2nd Monday of each month at 6:30 p.m. - City Hall Levi
Meeting Room (Mar 11)
• Citywide Development Authority Meeting, 2nd Tuesday of each month, 6:00 p.m.-
City Hall Levi Meeting Room (Mar 12)
• Downtown Development Authority Meeting, 3rd Tuesday of each month
Welcome Center 130 M L King, Sr. Heritage Trail (Mar 19)
• Youth Council Advisory Committee Meeting, 6:30 p.m. - 3rd Tuesday of each
month Levi Meeting Room - City Hall (Mar 19)
• Planning Commission Meeting,3rd Thursday of each month, 6:30 p.m. - City Hall
Council Chamber - (Mar 21)
• City Council Work Session Meeting, last Tuesday of each month at 6:00 p.m. -
City Hall Council Chamber (Mar 26)

UPCOMING CITY EVENTS/INITIATIVES

• Join Councilman Alexander for the Annual Women’s History Month Event on
Sunday, March 3rd from 3-6 PM at the Merle Manders Conference Center.
• Join Councilman Thomas the monthly Senior Bingo Bash on Wednesday, March
27th from 10am - 12pm at the Merle Manders Conference Center, 111 Davis Rd.
for raffles, prizes, games, snacks and fun!
4|Page
• Join Mayor Ford for the monthly Meet the Mayor on Monday, March 25th from
10am – noon.
• Join Councilman Thomas for the Don’t Trash Stockbridge initiative centered
around education highlighting the causes and effects of Littering and Illegal
Dumping. More information to follow.
• Councilman Thomas is honoring Veterans with a Continuous Salute all year long.
Please send your pictures of Veterans with their name, branch, rank, and years
of service.

Please contact Rosalynd Rawls to schedule an appointment for Meet the
Mayor and any information on Council Initiatives at 678-833-3348 or via
email: rrawls@stockbridgega.org

MAYOR’S COMMENTS
Mayor Ford reminded everyone that COVID-19 is still with us and encouraged everyone
to get their boosters and flu shots to remain healthy.
Motion to adjourn the meeting at 7:35 p.m. was made by Councilmember Gantt;
seconded by Mayor Pro Tem Berry. The motion passed 4-0.
Respectfully submitted by:

Vanessa Holiday, City Clerk Anthony S. Ford, Mayor

5|Page
City of Stockbridge
MEETING DATE
AGENDA ITEM
MARCH 4, 2024 FUNDING SOURCE
RESOLUTION GENERAL FUND
ORDINANCE FUND BALANCE
CONTRACT APPROVAL/RENEWAL SPLOST or TSPLOST
PUBLIC HEARING ARPA
PRESENTATION GRANT
BID SELECTION/AWARD HOTEL/MOTEL TOURISM
TASK ORDER COUNCIL INITIATIVE
CHANGE ORDER PARTNER/SPONSOR
BUDGET AMENDMENT DEPARTMENT FUND BALANCE
BUDGET TRANSFER BONDING
PAYMENT APPROVAL ACCOUNT TRANSFER FROM:
OTHER ACCOUNT TRANSFER TO:

PRESENTER: Community Development Staff
DEPARTMENT: Community Development
ITEM/PROJECT/EVENT:
To adopt the Downtown Pedestrian and Bicycle Connectivity Study, which was presented to City
Council on August 14, 2023. Its purpose is to define a proposed project that will improve
pedestrian and bicycle infrastructure throughout downtown Stockbridge. The project will improve
connectivity by expanding on the City’s goal of creating a desirable multi-modal environment.

BACKGROUND INFORMATION:
The Study was prepared by a consultant, Keck and Wood, in consultation with the Planning &
Zoning Staff. The City received a grant from ARC to prepare the Study as part of ARC's Livable
Cities Initiative (LCI) Program.

APPROVALS: CITY MANAGER___________________________ FINANCIAL IMPACT N/A
CITY TREASURER____________________________________ AMOUNT $
CITY ATTORNEY____________________________________
GRANTS ADMIN.___________________________________ ATTACHMENTS:
ITEM/PROJECT/EVENT:
Downtown Pedestrian and Bicycle Connectivity Study.

BACKGROUND INFORMATION:

STAFF RECOMMENDATION:

APPROVAL.

Staff Signature______________________________

Downtown Pedestrian and Bicycle
Connectivity Study
August 14, 2023
ARC’s Livable Communities Initiative Program

“Created as a way to reduce vehicle miles traveled and improve air quality, the ARC’s
Livable Centers Initiative (LCI) is a grant program that incentivizes local jurisdictions to
re-envision their communities as vibrant walkable places that offer increased mobility
options, encourage healthy lifestyles and provide improved access to jobs and services”

❏ Federal Transportation Funds
❏ 80% federal grants
❏ 20% Local Match
❏ Planning Studies
❏ Implementation of transportation projects
STUDY AREA

❏ Burke Street
❏ Lovejoy Street
❏ Love Street
❏ Jim Clark Drive
❏ N Henry Boulevard
Burke Street

❑ Shared-use path along west side

❑ Pedestrian Streetscape
improvements along east side, with
on-street parking

❑ Pedestrian lighting, street trees,
landscaping

❑ Improved pedestrian crossings
Burke Street
Lovejoy Street

❑ Continuation of streetscape
improvements to the south along
MLK, Sr. Heritage Trail

❑ Share-use lanes

❑ Sidewalk with landscaping and
pedestrian lights along west side

❑ On-street parallel parking
Lovejoy Street
Love Street

❑ Pedestrian connections from Burke Street, MLK, Sr. Heritage Trail,
to E Atlanta Road and Stockbridge Amphitheatre

❑ ADA compliant crossing of Norfolk Southern Railroad tracks

❑ HAWK pedestrian signal at crossing of E Atlanta Road
N Henry Blvd

From 2018 Stockbridge Renaissance Strategic Vision & Plan
N Henry Blvd
ARC’s Livable Communities Initiative Program

Stockbridge LCI Study - completed 2001

LCI Study, 5 year update - completed 2007 STUDY PHASE
LCI Study, 10 year update - completed 2012

Project Scoping - we are here
PROJECT
Preliminary Engineering IMPLEMENTATION
Right-of-way Acquisition PHASE
Construction
ARC holds annual call for projects, where communities can apply for funding the next
phase of a project.
CITY OF STOCKBRIDGE
DOWNTOWN PEDESTRIAN &
BICYCLE CONNECTIVITY
STUDY

SCOPING PHASE
SEPTEMBER 2023

Prepared for:

Prepared by:
Acknowledgements
City of Stockbridge Mayor and City Council
Anthony Ford, Mayor

Lakeisha Gan , Councilwoman

Alphonso Thomas, Councilman

John Blount, Councilman

Yolonda Barber, Councilwoman/Mayor Pro Tem

Elton Alexander, Councilman

Steering Committee
Yolonda Barber, City of Stockbridge Councilwoman/Mayor Pro Tem

Alphonso Thomas, City of Stockbridge Councilman

Kellis Russell, City of Stockbridge Grants Administrator

Kim Allonce, City of Stockbridge Economic Development Director

Jeremy Goodwin, City of Stockbridge Assistant Public Works Director

Decius Aaron, Public Works Director

Kira Harris-Graggs, City of Stockbridge Main Street Program Manager

Andrea Burne , Main Street Business Owner

City of Stockbridge Staff
Ryan Anderson, City of Stockbridge Interim Community Development Director/Chief Planner

Gordon Linton, City of Stockbridge Planner
Contents

I Overview .................................................................................................................. 2
II Existing Conditions................................................................................................... 9
III Impact Analysis ..................................................................................................... 13
IV Detailed Project Costs ........................................................................................ ...25
I. Overview

Project Name
Downtown Pedestrian and Bicycle Connectivity Study
Project Location Contact Information
City of Stockbridge, Henry County
Ryan Anderson,
Project Sponsor City of Stockbridge
City of Stockbridge 4640 North Henry Boulevard
Stockbridge, GA 30281
Need and Purpose Statement randerson@cityofstockbridge-ga.cov
Located in the center of Stockbridge, the proposed corridors serve 770-389-7900
to connect the City’s downtown district, Stockbridge City Hall, and
Clark Community Park, along Burke Street, Lovejoy Street, Love
Street, Jim Clark Drive, and SR 42/N Henry Boulevard. The existing pedestrian facilities are in substandard
condition, lack connectivity, and suffer from ADA non-compliance. Bicycle facilities are do not existing
within the project study area.
Along Burke Street, narrow sidewalks along the west side of the street do not include any pedestrian
connections to the east, toward store fronts along M.L.K. Heritage trail or towards City Hall. These
sidewalks are not ADA compliant, and the character of the facilities do not match those along M.L.K.
Senior Heritage trail. Lovejoy Street does not have any pedestrian or bicycle accommodations, forcing
vehicles, bikes, and pedestrians to share the road, or find alternate routes of travel. Presently, the
downtown areas along M.L.K Heritage Trail are separated from City Hall by railroad tracks, and the SR
42/Henry Boulevard overpass. This heavily traveled overpass include narrow sidewalks, directly adjacent
to travel lanes, only on the south side. There is currently no pedestrian connection from the study area
to the south side of this overpass.
When constructed, the Downtown Pedestrian and Bicycle Improvements will represent a vital extension
of the downtown pedestrian network, and creation of a bicycle network in the downtown area. The
project will also promote an alternative mode of transportation by providing continuous sidewalks and
bicycle facilities throughout the corridors, and create a unified look throughout the City.

Description of Proposed Project
This project is located completely within the City of Stockbridge and is 3,800 linear feet in length.
Improvements along Burke Street will start at N Henry Boulevard/US 23, and continue north to
Parkwood Drive. Improvement on Burke Street will include concrete curb & gutter, and asphalt
shared use path along the west side, concrete/paver sidewalks along the east side, along with
pedestrian lighting, street trees and landscaping. Back in angle parking is also proposed along the
east side of Burke Street. Improvements along Lovejoy Street will start at Love Street, and continue
north to Burke Street. Improvements on Lovejoy Street include concrete curb & gutter, concrete
sidewalk, pedestrian lighting, street trees, and parallel parking along the west side. Improvements
along Love Street will start at Burke Street, and continue east to E Atlanta Road. Improvements on
Love Street will include concrete curb & gutter, concrete/paver sidewalks along both sides (south
side only east of Lovejoy Street), pedestrian lighting and street trees, and an ADA compliant at-grade
crossing of Norfolk Southern Railroad with quad gates and concrete grade crossing system with
I. Overview

flangeway fillers. A pedestrian bridge is proposed, spanning M.L.K. Heritage Trail, two Norfolk
Southern Railroad tracks (including span over two future siding tracks), and Ward Street.

Is the project in a Non-attainment area?
No

Does the project impact the ARC Model?
No
Functional Classification
Local Road and Street: Burke Street, MLK Sr. Heritage Trail, Lovejoy Street, Love Street, Jim Clark Drive
Principal Arterial: N Henry Boulevard
US Route Number
Not applicable to Burke Street, MLK Sr. Heritage Trail, Lovejoy Street, Love Street or Jim Clark Drive; N Henry
Boulevard is US-23
State Route Number
Not applicable to Burke Street, MLK Sr. Heritage Trail, Lovejoy Street, Love Street or Jim Clark Drive; N Henry
Boulevard is SR-138
Traffic
2021: 32,900 AADT* (provided by GDOT’s Traffic Analysis and Data Application [TADA!])
Current Year (2021): 32,900** Design Year (2049): 57,280**
*Data was only provided for N Henry Boulevard
**Assumes 2% annual growth rate.

Existing Design Features
• Typical Section: Varies - see Section III.
• Posted speed:
◦ 25 mph along Burke Street, MLK Sr. Heritage Trail, Lovejoy Street, and Love Street
◦ 35 mph along N Henry Boulevard
◦ Width of right of way:
Burke Street – 50 ft
MLK Sr. Heritage Trail – Varies up to 205’
Lovejoy Street – 50 ft
Love Street – 40 ft
Jim Clark Drive – 40 ft
N Henry Boulevard – 80 ft
 Major structures: none
I. Overview

• Major intersections: none
• Length of roadway segment: 0.88 mile
Proposed Design Features
• Proposed Typical Section: Varies - see pages 16 through 21.
• Any changes of design speed or functional classification: none
• Right-of-Way:
◦ Width: No changes proposed, project within existing right-of-way
◦ Easements: Temporary (X) Permanent (X) Utility ( ) Other ( )
◦ Number of Parcels: Number of Displacements: None
• Structures:
◦ Bridges: none
◦ Retaining walls: none
• Major intersections: none

DESIGN EXCEPTIONS OR VARIANCES TO CONTROLLING
CRITERIA ANTICIPATED
Undetermined Yes No
Horizontal Alignment X
Lane Width X
Shoulder Width X
Vertical Grades X
Cross Slopes X
Superelevation Rates X
Lateral Offset to Obstruction X
Speed Design X
Vertical Clearance X
Bridge Width X
Bridge Structural Capacity X
Stopping Sight Distance X
I. Overview

PROJECT LOCATION MAP
I. Overview

COST ESTIMATES

FEDERAL FUNDS MATCHING FUNDS TOTAL COST
PE $400,000 $100,000 $500,000
ROW $287,280 $71,820 $359,100
CST $4,927,809 $1,231,952 $6,159,761
Total: $5,615,009 $1,403,772 $7,018,781

FISCAL YEAR PROPOSED
PE: 2025
ROW: 2027
CST: 2029

PROPOSED PROJECT SCHEDULE
Concept Development:
• Scoping Phase: 11 months (November 2022 – September 2023)
• Sponsor & GDOT Executive Agreements: 2 months (July 2024 - August 2024)
• Concept Report Development: 4 months (September 2024 - December 2024)
• Concept Review & Approval: 2 months (January 2025 - February 2025)
Environmental Clearance:
• ENV Documents 106/CE: 8.5 months (October 2024 - June 2025)
• Special Studies - Ecology, etc.: 4 months (February 2025 - May 2025)
• Section 106 - History and Archaeology: 6 months (February 2025 - July 2025)
• Section 106 Review: 3 months (September 2025 - November 2025)
• Special Studies Review: 3 months (June 2025 - August 2025)
• CE Preparation & Review: 6 months (October 2025 - March 2026)
Right-of-Way:
• ROW Plan Review: 2 months (May 2026 - June 2026)
• ROW Plan Approval: 2 months (July 2026 - August 2026)
• ROW Acquisition: 6 months (September 2026 - February 2027)
• GDOT Certifies ROW: 2 months (March 2027 - April 2027)
Design and Bidding:
• Survey/Data Base Creation: 4 months (September 2024 – December 2024)
• Preliminary Plans: months (February 2025 - March 2026)
• Final Plans: 8 months (June 2026 - January 2027)
• Bid Package Approval & Review: 6 months (May 2027 - October 2027)
I. Overview

Construction:
• Bid & Contract Award Phase: 2 months (December 2027 - January 2028)
• Execute Agreement (Req. Work & FED Work): 2 months (February 2028 - March 2028)
• Construction Phase - Streetscape: 12 months (April 2028 – March 2029)
II. Existing
Conditions

Upon initiation of this project, the planning team utilized GIS/CAD information. Concurrent with a thorough
corridor analysis, the planning team located the project area on Google Maps in order to see photographical
evidence of the current state of the pedestrian and bicycle system, to document the existing conditions, and to
make initial evaluations for improvements.

EXISTING SIDEWALK CONDITIONS
This analysis identified existing sidewalks and their materials. The majority of existing sidewalks within the
project area are constructed of concrete, with the exception along MLK Senior Heritage Trail where the
majority of the sidewalk is concrete with segments constructed with brick pavers. Along Burke Street, there is
existing sidewalk on the entire west side of the street and only a small segment of existing sidewalk on the east
side of the street. Lovejoy Street and Love Street consist of neither sidewalk nor curb and gutter. N Henry
Boulevard consists of existing sidewalk along the south side of the street and bridge, but only a paved shoulder
along the north side. The majority of the existing sidewalks within the project area are in moderate condition
with the exception of a few areas where the sidewalk would need to be replaced. The reconstruction of the
existing sidewalks will be a continuation to the improvements along Burke Street, which lacks sidewalks along
the east side of the street, along Lovejoy Street and Love Street, which both lack any sidewalks. Together,
these limitations to the existing pedestrian system discourage the higher quality of life, multimodal and
walkable environment that communities desire.

EXISTING RIGHTS-OF-WAY
The rights-of-way along the corridor were obtained through GIS files. Along Burke Street, the right of way is
approximately 50’ wide. Lovejoy Street has a right-of-way width of approximately 50’, Love Street’s right-of-
way width is approximately 40’. N Henry Boulevard has a right-of-way width of 80’.

EXISTING LAND USE
The existing land use along the proposed project consists of downtown district property and heavy
commercial district property. MLK Sr. Heritage Trail, Lovejoy Street, Love Street, Jim Clark Drive, and
the majority of Burke Street is comprised of downtown district properties. One property along Burke
Street is considered heavy commercial zoning and is currently an automotive business. Many of the
properties in the project area are located within the Downtown Village Overlay. Figures 1 and 2
below show the existing district and zoning maps.
II.
I. Existing
Conditions

Figure 1: City of Stockbridge Official Overlay District Map

Figure 2: City of Stockbridge Official Zoning Map

PHOTOGRAPHIC INVENTORY
10
II. Existing
Conditions

The existing conditions along Burke St Existing sidewalk on Burke St ends at The lack of sidewalks in many areas
are worn out and in poor condition. Lovejoy St, leaving pedestrians with discourages pedestrian use.
nowhere to go.

Installation of new crosswalks will Sidewalk dead ends along Love St The north side f N Henry Blvd lacks any
provide a clear pedestrian route. leaving pedestrians with no safe pedestrian facilities.
route across the railroad tracks.

Existing sidewalks on Burke St dead Existing crosswalk on Burke St lacks
end at utility pole. ADA receiving ramp.
11
II.
III. Impact
Analysis

ALTERNATIVES CONSIDERED
 Burke Street: Construct on-street bike lanes with pedestrian streetscape improvements along both sides
of Burke Street in-lieu of the proposed shared use path. This alternate was not preferred because the
shared-use path will horizontally and vertically separated from the roadway, and will therefor provide a
higher level of comfort to bicyclist of all ages and abilities when compared to on-street bike lanes. The
project footprint, construction costs, and right-of-way impacts are similar to the preferred alternate. Multi-
use paths were preferred by the public when compared to conventional bike lanes.

Burke Street Alternative

 Lovejoy Street: Construct on-street bike lanes with pedestrian streetscape improvements along the west
side of Lovejoy Street. The shared vehicular/bicycle lanes along Lovejoy Street are preferred when
compared to conventional bike lanes due to the low traffic volumes along this road. These shared lane
allow for incorporating parking and wider sidewalks along the road. Also, The expanded roadway footprint
associated with these on-street bike lanes will require additional maintenance costs in the future when
resurfacing the roadways.
III. Impact 12

Analysis

Lovejoy Street Alternative

 N Henry Blvd: Modifications to the existing lane configuration on the bridge over the Norfolk Southern
Railroad were evaluated as an alternative to the pedestrian bridge. Modifications include removal of the
left turn lanes on N Henry Blvd in order to construct barrier separated sidewalks along the north side of
the roadway. Input received from public involvement show strong support for a pedestrian bridge as a
separate structure from the existing N Henry Blvd overpass, with City of Stockbridge architectural
branding.

OTHER PROJECTS IN IMMEDIATE VICINITY OF PROJECT
 The City of Stockbridge is planning an Alley project, which will connect MLK Senior Heritage
Trail to Burke Street.
 A new development is proposed on E Atlanta Road across from City Hall.
 The City has plans to relocate overhead utilities on Burke Street to underground.
 A cultural art center is planned on the West side of Burke Street.
 A new Stem school is planned at the site of Stockbridge Elementary school.
 The fire station at the corner of MLK Senior Heritage Trail and Love Street will be converted to
a restaurant.
13
III. Impact
Analysis

RAILROAD INVOLVEMENT
The proposed Stockbridge Downtown Pedestrian and Bicycle Connectivity Study project is within
the vicinity of existing Norfolk Southern railroad right of way. Two pedestrian crossings of Norfolk
Southern Railroad. An at-grade crossing is proposed at Love Street. This crossing is expected to
include ADA compliant at-grade crossing of Norfolk Southern Railroad with quad gates and concrete
grade crossing system with flangeway fillers. The City of Stockbridge has expressed interest in
potentially requesting establishment of a quiet zone for at grade crossings in the downtown area in
the future. This would eliminate the requirement that trail horns be sounded where they approach
public grade crossings. When implementing a quit zone, Norfolk Southern will require safety
countermeasures to ensure the safety of the public and Norfolk Southern personnel. The proposed
four-quadrant gate system is one of the safety countermeasures that would be required when and
if the City requests a quiet zone here. Having these improvements already in place can be a tool to
expedite this request. A pedestrian bridge is proposed adjacent to US 23. This bridge will be
required to span the two existing tracks, along with two additional future tracks. Due to the existing
configuration parallel to M.L.K. Senior Heritage Trail and Ward Street, the proposed bridge would
also fully span these roads. Norfolk Southern will require that the City of Stockbridge be responsible
for costs associated with preliminary engineering, construction engineering, and flagging services
during construction. It is expected that a Right-of-Entry will be executed between Norfolk Southern
and the City of Stockbridge in order to enable the City and their Contractor to enter the railroad
right-of-way for construction, operations, and maintenance of these improvements.

INTER-JURISDICTIONAL COORDINATION NEEDS
The proposed pedestrian improvements project is 100 percent located in the City of Stockbridge in Henry
County. Other than the City of Stockbridge, there is no other municipal involvement required as part of the
project.

Other agencies that may be involved during the permitting, design and funding process include the following:

• Georgia Department of Transportation
• Atlanta Regional Commission
• State Historic Preservation Office
• Department of Natural Resources
• Georgia Environmental Protection Division
• Norfolk Southern Railroad

ENVIRONMENTAL CONCERNS
Concurrent with the concept design phase, the Environmental phase of the project will begin. Early identiﬁcation
of environmentally sensitive areas will allow for either avoidance or minimization of environmental impacts, and
streamline the project development process. The documentation for the project is anticipated to require a
14
III. Impact
Analysis

Categorical Exclusion. The environmental analysis for these projects will consider the natural, physical, and social
impacts of various alternatives, including the “No Build” alternative. Both direct and indirect impacts will be
considered. Screening level environmental analysis show that Potential community resources along the corridor
include the Merle Manders Conference Center, Cochran Public Library, and Clark Community Park. Impacts to
these resources are not anticipated. Due to the project type, no disproportionally adverse effects to
Environmental Justice communities are anticipated. In the project area there was found to be no effects to
streams and wetlands. No eligible archaeological resources were identified within the project’s area of potential
effect. The segment of Norfolk Southern rail is an NRHP-eligible historical resource. An NPDES permit is
anticipated due to ground disturbance greater than 1.0 acre. No Section 404 or Stream Buffer Variance are
anticipated for this project.

LEVEL OF ENVIRONMENTAL ANALYSIS
In order to secure federal funding for this project, additional steps must be taken:

• Environmental resource “special” studies must be completed and sent to GDOT for review. After
approval, studies would be sent to the Federal Highway Administration (FHWA).
◦ Air/Noise report
◦ Ecology: Survey, ecology resource survey report, ecology assessment of effects
◦ Archaeology: Survey, Phase I Report/Archaeology Short Report
◦ History: Survey, historical resource survey reports, cultural resources assessment of effects
◦ Prepare Categorical Exclusion following the completion and approval of the special studies.

STORMWATER MANAGEMENT AND GREEN
INFRASTRUCTURE
The project is located within the Georgia Department of Transportation (GDOT) Municipal Separate Storm
Sewer System (MS4) that is regulated by GADNR’s EPD through the MS4 NPDES permit GAR041000. Post-
construction stormwater management practices and structures will be required to reduce, treat, or minimize
stormwater pollution from stabilized, developed areas. Due to the nature of the project area, which is linear in
nature and in a fully developed area, many traditional best management practices (BMP) such as stormwater
ponds, enhanced grass channels, and filter strips will not be feasible to implement. Innovative stormwater
management alternatives have been evaluated in lieu of traditional MPBs. For urban environments such as
this, proprietary tree well systems that capture stormwater runoff, and filter it through specially designed filter
media and tree root system, which aids in stormwater management reduction and pollutant removal. With
street trees and pipe drainage systems already proposed in the project, these tree well systems can easily be
incorporated into the streetscape and drainage design to provide green infrastructure and minimize
environmental impacts associated with the project. Figures 3 and 4 below for examples and schematics of
these products.
III. Impact 15

Analysis

Figure 3: Example of stormwater tree well

Figure 4: Schematic of tree well configuration
III. Impact 16

Analysis

UTILITY INVOLVEMENTS OR IMPACTS
The majority of the proposed improvements will be constructed within existing rights of way and efforts will be
maintained to minimize impacts to existing utility facilities.

• Gas: AGL
• Power: Georgia Power, Snapping Shoals EMC
• Water: Clayton County Water Authority, City of Stockbridge
• Communications: AT&T, Charter Communication, Comcast, Verizon Business, Zayo Fiber
• Sewer: City of Stockbridge

SHORT SUMMARY ON THE FEASIBILITY OF OBTAINING
ANY RIGHT-OF-WAY
As part of the development of this project and through past communications with residents, stakeholders and
elected officials, it is anticipated that the proposed pedestrian improvements along the corridor will have a
positive impact to the City. Although there will be both minor property acquisition as well as utility relocation
requirements, the positive aspects of improving the pedestrian connectivity within the City of Stockbridge will
result in not only an improved vehicular and pedestrian environment but a better downtown community.
17
III. Impact
Analysis

PLAN ENLARGEMENTS AND TYPICAL SECTIONS
The graphics on the following pages help to illustrate the improvements from the preferred alternative.
III. Impact 18

Analysis

BURKE STREET
The existing two-lane roadway, with minimal and non-ADA compliant sidewalks will be reconstructed with new
pedestrian streetscape enhancements on the east side, including wide concrete sidewalks with brick paver
inlays, pedestrian lighting, street trees and landscaping, new curb & gutter and associated storm drainage
improvements. Back in angle parking is also proposed along the east side of Burke Street. Bike
accommodations include a new 12’ wide asphalt multi-use path, along with a brick paver strip, street trees,
lighting, and new curb & gutter. Driveway openings will be reconfigured where feasible to limit the number
and length of pedestrian crossings. A mid-block crossing, with a rapid flashing pedestrian beacon (RRFB), is
proposed just south of Lovejoy Street.

PLAN ENLARGEMENT
III. Impact 19

Analysis

EXISTING CONDITIONS

PROPOSED CONDITIONS
III. Impact
III. 20

Analysis

LOVEJOY STREET
The existing two lane roadway with no pedestrian or bicycle accommodations will be reconstructed in the style
of recent improvements implemented just to the south on M.L.K. Senior Heritage Trail. This includes curb &
gutter, a meandering concrete sidewalk with landscape areas incorporated throughout, pedestrian lighting,
and on-street parallel parking along with west side of the roadway.
III. Impact 21

Analysis

EXISTING CONDITIONS

PROPOSED CONDITIONS
22
III. Impact
Analysis

LOVE STREET
The existing two lane roadway includes an at grade crossing of Norfolk Southern Railroad, with no pedestrian
accommodations. New sidewalk connectivity is proposed to connect the downtown area of Burkes Street,
MLK Sr. Heritage Trail, and Lovejoy Street to existing sidewalks along E Atlanta Road and the City of
Stockbridge campus of City Hall and their Amphitheatre. An ADA compliant concrete grade crossing, along
with quad gates at the Norfolk Southern Railroad are proposed. A mid-block crossing across E Atlanta Road,
with a high-intensity activated crosswalk (HAWK) signal, is proposed to provide a pedestrian connection from
the downtown area to City Hall and the Stockbridge Amphitheatre.
III. Impact 23

Analysis

EXISTING CONDITIONS

EXAMPLE OF CONC. GRADE CROSSING W/ QUAD GATES
III. Impact 24

Analysis

NORTH HENRY BOULEVARD
The existing n Henry Blvd overpass over Norfolk Southern railroad includes two travel lanes in each direction, a
center left turn lane, a 5 foot wide sidewalk along the south side, and a paved shoulder with no pedestrian
accommodations along the north side. There is currently no pedestrian connectivity from Burke Street and the
downtown area to the pedestrian facilities along the south side of the overpass. In order to improve
pedestrian connectivity, a stand along pedestrian bridge structure is proposed parallel to the north side of the
existing overpass. This will provide a grade-separated connection from Burke Street, Jim Clark Drive, MLK Sr.
Heritage Trail, and the downtown area to the existing plaza at E Atlanta Road, Stockbridge City Hall, and the
Amphitheatre.

EXISTING CONDITIONS

PROPOSED CONDITIONS (from RSVP report)
IV. Detailed Project 25

Costs

999-5100 2 EA 12,000.00 SOLAR POWERED FLASHING ASSEMBLY 24,000.00
647-1000 1 LS 150,000.00 TRAFFIC SIGNAL INSTALLATION - PEDESTRIAN HYBRID BEACON 150,000.00
ROADWAY SUBTOTAL= $5,262,180.54
CONTINGENCY
ROADWAY (15%)=
SUBTOTAL= $828,793.44
$5,262,180.54
CONTINGENCYCEI (5%)=$828,793.44
(15%)= $263,109.03
LIQUID AC ADJUSTMENT=
CEI $15,783.88
(5%)= $263,109.03
CONSTRUCTION TOTAL= $6,369,866.89
LIQUID AC ADJUSTMENT= $15,783.88
CONSTRUCTION TOTAL= $6,369,866.89
City of Stockbridge
MEETING DATE
AGENDA ITEM
MARCH 4, 2024 FUNDING SOURCE
RESOLUTION GENERAL FUND
ORDINANCE FUND BALANCE
CONTRACT APPROVAL/RENEWAL SPLOST or TSPLOST
PUBLIC HEARING ARPA
PRESENTATION GRANT
BID SELECTION/AWARD HOTEL/MOTEL TOURISM
TASK ORDER COUNCIL INITIATIVE
CHANGE ORDER PARTNER/SPONSOR
BUDGET AMENDMENT DEPARTMENT FUND BALANCE
BUDGET TRANSFER BONDING
PAYMENT APPROVAL ACCOUNT TRANSFER FROM:
OTHER ACCOUNT TRANSFER TO:

PRESENTER: Community Development Staff
DEPARTMENT: Community Development
ITEM/PROJECT/EVENT:
Presentation of changes enacted at the state-level related to required zoning procedures. The
Planning Commission approved the changes at its December 21, 2023 meeting.

BACKGROUND INFORMATION:
The power to zone and make land use decisions (rezonings, use permits, variances, etc) is enumerated by the state to local and
County governments, while the minimum standards for exercising those powers are outlined in what is referred to as the Zoning
Procedures Law. The Zoning Procedures Law was amended by the state legislature in July 2022. Those changes involve
minimum requirements for notice and hearing procedures for what are defined as quasi-judicial and zoning decisions. The
changes require amendments to local ordinances to be in compliance with state law. Staff will review and summarize those
changes as an informational step prior to proceeding through the text amendment process in December/January to answer any
questions and receive policy feedback from City Council.

APPROVALS: CITY MANAGER___________________________ FINANCIAL IMPACT N/A
CITY TREASURER____________________________________ AMOUNT $
CITY ATTORNEY____________________________________
GRANTS ADMIN.___________________________________ ATTACHMENTS:
ITEM/PROJECT/EVENT:
Presentation of changes enacted at the state-level related to required zoning procedures.

BACKGROUND INFORMATION:

STAFF RECOMMENDATION:

No action required at this time.

Staff Signature______________________________

TO: Planning Commission; Mayor & City Council

FROM: R. Ryan Anderson, Interim Community Development Director; Chief
Planner

DATE: December 21, 2023

SUBJECT: TX-2023-02: Text amendments to Title 12 (Stockbridge Unified
Development Code) for the purposes of reconciling City ordinances
with State-mandated procedural updates (HB 405, HB 916, and SB
213), and other revisions.

I. PURPOSE

Staff is presenting redlines to the Stockbridge Unified Development Code (UDC) to bring
the City’s zoning procedures into compliance with new regulations promulgated by the
State in the 2021-2022 Regular Session of the General Assembly, effective July 1, 2023,
as well as additional updates required in the most recent session, revisions to the use
table, and the addition of a waiver process.

II. BACKGROUND & DISCUSSION

The power to zone and make land use decisions (rezonings, use permits, variances,
etc.) is enumerated by the State to local and County governments, while the minimum
standards for exercising those powers are outlined in what is referred to as the Zoning
Procedures Law. The Zoning Procedures Law was amended by the state legislature in
July 2022 and again in July 2023. Those changes involve minimum requirements for
notice and hearing procedures for what are defined as quasi-judicial and zoning
decisions. The changes require amendments to local ordinances to be in compliance
with state law.

Per the Georgia General Assembly, the revisions to the Zoning Procedures Law, HB
1405, are as follows:

A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated,
relating to local governments, so as to revise “The Zoning Procedures Law”; to revise
provisions related to judicial review of zoning decisions; to revise definitions; to provide
requirements for zoning decisions by boards or agencies using delegated powers; to
require review procedures for decisions made by boards or agencies using delegated
powers; to provide for judicial review of zoning decisions; to require certain designations
relating to appeals of quasi-judicial decisions; to provide for related matters; to repeal
conflicting laws; and for other purposes.
HB 1405 specifically lays out additional public hearing and notice requirements for city-
initiated rezonings allowing multi-family residential in single-family residential districts.
The new Zoning Procedures Law dictates that decisions are to be adopted at two (2)
regular meetings a minimum of twenty-one (21) days apart, two (2) additional public
hearings are required prior to the two-read adoption. These public hearings shall be held
between three to nine (3-9) months prior to the date of adoption and at least one hearing
shall be held outside of regular business hours (between 5 p.m. and 8 p.m.).

Additionally, HB 1405 has updated public notice requirements for quasi-judicial
proceedings. Notice is to be posted on each affected ‘premises’ and if there are more
than 500 parcels, posting is only required every 500 feet. Newspaper ads shall be a
minimum of 15 days, but no more than 45 days prior to a public hearing and shall
include a full description of intent of change. Furthermore, ads shall be 9 column inches,
not located in the classified section, and state that a copy of the proposed ordinance is
on file and can be provided upon request.

Separately, the Georgia Assembly has revised the appeals process, as follows:

A BILL to be entitled an Act to amend Title 5 of the Official Code of Georgia Annotate,
relating to appeal and error, so as to provide for a unified procedure for appealing
decisions of a lower judicatory to a superior or state court; to repeal and reserve Chapter
4 of said title, relating to certiorari to superior court; to amend various titles of the Official
Code of Georgia Annotated, so as to provide for conforming changes; to correct cross-
references and remove obsolete or improper references; to provide for related matters;
to provide for an effective date and applicability; to repeal conflicting laws; and for other
purposes.

HB 916 lays out a new process for appealing zoning decisions. Rather than requiring a
“writ of certiorari,” appeals of quasi-judicial decisions can be made as “petition for
review.”

In response to these state-level updates, staff has updated the Zoning Ordinance for all
impacted provisions as introduced at the Council meeting on November 13.

III. REVIEW AUTHORITY

In accordance with Section 9.2.8(E), “the planning commission shall consider the
proposed amendment to the unified development code at its regularly scheduled public
meeting.” The Planning Commission shall review and make a recommendation to the
Mayor and City Council for approval, approval with conditions, approval with further
modifications, or denial.
Stockbridge, Georgia, Code of Ordinances
Title 12 UNIFIED DEVELOPMENT CODE

Title 12
UNIFIED DEVELOPMENT CODE1

Chapter 1 GENERAL PROVISIONS

1.1 Title.
These development regulations shall be known as the "Unified Development Code of the City of Stockbridge,
Georgia," and may be referred to herein as the "unified development code," the "zoning ordinance," "zoning
code," or the "UDC."

1.2 Authority.
The UDC is enacted pursuant to the requirements and authority granted by the Constitution and laws of the
State of Georgia; in particular, the "Zoning Procedures Law" of the State of Georgia.

1.3 Applicability.

1.3.1 Generally.
The regulations, standards, criteria, and procedures that are set forth in this UDC shall govern the design,
development, and use of all land within the corporate limits of the City of Stockbridge, Georgia.

1.3.2 Exemptions and exceptions.
The following situations are exempt from the requirements of the UDC:
A. Buildings or structures that are legally under construction on the effective date of the UDC.
B. Buildings or structures for which a building permit has been issued as of the effective date of this UDC,
provided that construction commences prior to the expiration of the building permit and construction
continues in a diligent manner until it is completed.
C. A project whose development plan or subdivision plat was approved prior to the effective date of this
UDC, and which commences no later than one (1) year after the effective date of this UDC.

Editor's note(s)—Printed herein is the unified development code of the city, Ordinance No. 22-496, as adopted by
the city council on March 14, 2022. Amendments to the ordinance are indicated by parenthetical history
notes following amended provisions. The absence of a history note indicates that the provision remains
unchanged from the original ordinance. Obvious misspellings and punctuation errors have been corrected
without notation. For stylistic purposes, headings and catchlines have been made uniform and the same
system of capitalization, citation to State statutes, and expression of numbers in text as appears in the
municipal code has been used. Additions made for clarity are indicated by brackets.

Stockbridge, Georgia, Code of Ordinances Created: 2023-04-28 10:34:12 [EST]

(Supp. No. 52, 4-23)

Page 1 of 357
D. The proposed or actual use of property which was lawfully approved as of the effective date of this
UDC.
E. Applications for building permits, development permits, and zoning requests which were legally
submitted, with a completed application and fees paid prior to the adoption of this UDC, shall not be
required to meet the requirements of the adopted UDC, but shall meet the requirements of adopted
ordinances at the time of application.
F. Zoning requests that were denied, but for which the applicant has filed an appeal to mayor and city
council as of the effective date of the UDC.

1.4 Purpose and intent.
The purpose and intent of the unified development code is to accomplish the following:
A. Promote the health, safety, aesthetics, convenience, order, prosperity, and general welfare of the
present and future residents of the City of Stockbridge;
B. Minimize congestion on public streets;
C. Advance traffic safety;
D. Secure safety from fire, flood, and other dangers;
E. Provide adequate light and air;
F. Prevent the overcrowding of land, avoiding both undue concentration of population and urban sprawl;
G. Facilitate the adequate provision of transportation, water, sewage collection, schools, parks, and other
public requirements;
H. Protect property against blight and depreciation;
I. Encourage the most appropriate and best use of land, buildings, and other structures throughout the
city;
J. Ensure economy in government expenditures for infrastructure; and
K. Preserve natural resources.

1.5 Relationship to the comprehensive plan.
The City of Stockbridge comprehensive plan, as is updated from time to time according to State
requirements, is the official development policy and implementation guide for the city. Its purpose is to coordinate
and direct physical and economic development, as well as related public investment, and to provide reasonable
regulations for the development of private property in the interest of public health, safety, and welfare. The
unified development code is designed to implement all provisions of the comprehensive plan for the development
and use of land.

1.6 Administrator.
The community development director has been designated by the City of Stockbridge as the official who is
charged with the administration of this UDC. The director may, therefore, establish such rules and procedures as
may be necessary, including, but not limited to, administrative procedures for the filing of applications for the
amendment of the official zoning map of the City of Stockbridge. These applications may include zoning requests,
variances, and other applications as may be submitted for development approval. The director is hereby
authorized to interpret the provisions of this UDC whenever it is warranted and appropriate.

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(Supp. No. 52, 4-23)

Page 2 of 357
1.7 Documents adopted by reference.

1.7.1 Official zoning map.
A. The official zoning map shall be adopted by resolution of the mayor and city council, which directs the
identification of the official zoning map by the signature of the mayor, attested by the city clerk, and bearing
the seal of the city under the following words: "This is to certify that this is the Official Zoning Map of the City
of Stockbridge, Georgia," together with the date of adoption.
B. The official zoning map of the City of Stockbridge, Georgia, together with all explanatory notes thereon, is
hereby adopted by reference and declared part of this UDC.
C. If changes are made to district boundaries or other matter portrayed on the official zoning map in
accordance with the procedural requirements set forth in Chapters 7 and 8 of the UDC regarding
amendments to the official zoning map, such changes shall be entered on the official zoning map annually
after the amendment has been approved by the mayor and city council recorded as an entry in the minutes
of such city council meeting as follows: "On __________, 20___ by official action of the Mayor and City
Council, the following (change) changes (was) were made to the official zoning map: (brief description of
nature of change or changes)." Such map entries shall be signed by the mayor and attested by the city clerk.
D. The official zoning map which is located in the office of the director shall be the final authority as to the
current zoning status of any parcel of land in the city.
E. In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because
of the nature or number of changes and additions, the mayor and city council may, by ordinance, adopt a
new official zoning map, which shall supersede the prior official zoning map.
F. The new official zoning map may be corrected to remedy drafting or other errors or omissions in the prior
official zoning map, but no such correction shall have the effect of amending the original official zoning map.
G. The official zoning map shall be re-adopted by the mayor and city council as needed.
H. This new official zoning map shall be identified by the signature of the mayor, attested by the city clerk, and
bearing the seal of the city under the following words: "This is to certify that this Official Zoning Map
supersedes and replaces the Official Zoning Map adopted on __________, 20___ as part of the Unified
Development Code."
I. Unless the previous official zoning map has been lost, or has been destroyed, the prior map or any significant
remaining parts thereof shall be preserved, together with all available records pertaining to its adoption or
amendment.
J. If official zoning records are in conflict with the official zoning map and reveal drafting or other errors, such
records shall be used to amend the official zoning map administratively. Further, notification of such errors
shall be made to the mayor and city council for certification and re-adoption.

1.7.2 Functional road plan.
The functional road plan, adopted in the comprehensive plan, describing the functional classifications and
associated right-of-way requirements, is hereby adopted by reference and declared part of this unified
development code. This plan provides information to guide the City of Stockbridge in requiring dedication or
preservation of land for rights-of-way for future streets.

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Page 3 of 357
1.7.3 Georgia Stormwater Management Manual.
The Georgia Stormwater Management Manual (GSMM) is hereby adopted by reference and declared to be a
part of this unified development code. The GSMM specifies the channel protection, flood control requirements
and design standards necessary to control stormwater runoff and protect water quality.

1.7.4 Metro North Georgia Water Planning District.
Legislation for the creation of the Metropolitan North Georgia Water Planning District was enacted to
develop regional- and watershed-specific plans for a sixteen-county area of Georgia. The City of Stockbridge is
located within the water supply area, and it is a member of the Metropolitan North Georgia Water Planning
District; thus, its enabling legislation also requires that all provisions that are established by the district, as may be
amended from time to time, be implemented by the local governments.

1.7.5 Floodplain management.
The City of Stockbridge is required to adhere to the floodplain management standards which are referenced
in Paragraph 60.3(d) (44 CFR 59), based on its participation in the National Flood Insurance Program (NFIP). The
adopted flood insurance study (FIS), with its accompanying maps and other supporting data (as well as any
revisions thereto, as may be amended from time to time), are hereby adopted by reference and shall be the final
authority concerning base flood elevations (BFE) for the City of Stockbridge, if they are available.

1.7.6 Building and construction codes.
Each building and construction code that is listed in subsections 1.7.6.A. through O., as has been approved by
the State of Georgia, including any attachments, future editions, and amendments as may be approved by mayor
and city council, are hereby adopted by reference as if it were set forth here in its entirety.
A. International Building Code (ICC).
B. National Electric Code, as is published by the National Fire Protection Association (NFPA).
C. International Fuel Gas Code (ICC).
D. International Mechanical Code (ICC).
E. International Plumbing Code (ICC).
F. International Residential Code for One- and Two-Family Dwellings (ICC).
G. International Energy Conservation Code (ICC).
H. International Fire Code (ICC).
I. International Property Maintenance Code (ICC).
J. Standard Amusement Device Code (SBCCI/ICC).
K. Excavation and Grading Code (SBCCI/ICC).
L. International Existing Buildings Code (ICC).
M. Standard Swimming Pool Code (SBCCI/ICC).
N. Standard Unsafe Building Abatement Code (SBCCI/ICC).

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Page 4 of 357
O. The Code for Safety of Life from Fire in Buildings and Structures, as is contained in the National Fire
Prevention Association Publication 101 (NFPA).

1.7.7 OSHA safety and health regulations regarding excavating and trenching.
All safety and health regulations that are promulgated by OSHA with regard to excavating and trenching
operations, particularly Part 1926, Subpart P, "Excavation, Trenching, and Shoring" in Sections 1926.650, 1926.651,
and 1926.652 of the Code of Federal Regulations, which now exists or may hereafter be amended, are hereby
adopted as part of this unified development code as if they were quoted verbatim here.

1.8 Rules of interpretation.

1.8.1 Generally.
A. The following rules of interpretation shall apply to the administration of the unified development code:
1. Where any conflict in the administration of the unified development code between the text of the
unified development code and any caption, illustration, or graphic presentation exists, the text of the
unified development code shall control.
2. All statements that refer to "section" shall mean sections of this unified development code, unless the
statement clearly provides a reference to another document.
3. More specific provisions of this unified development code shall be followed in lieu of more general
provisions.
4. Where more than one (1) standard on the same subject is applied to the design and development of
land, the stricter standard shall apply.
5. In interpreting and applying the provisions of this unified development code, the provisions shall be the
minimum requirements for the promotion of health, safety, aesthetics, and welfare of the public.

1.8.2 Rules for boundary interpretations.
It is the intent of this unified development code that the entire area of the city, including all land, water
areas, rivers, streets, alleys, railroad and other rights-of-way, be included in the districts established by this unified
development code. If uncertainty exists with respect to the location of the boundaries of any zoning district in the
city, the following rules shall apply:
A. District boundaries indicated as approximately following the centerlines of streets or highways shall be
construed as following the indicated centerlines.
B. District boundaries indicated as approximately following street or highway right-of-way lines shall be
construed as following the street or highway right-of-way lines.
C. District boundaries indicated as approximately following lot or property lines shall be construed to
follow such lot or property lines.
D. District boundaries indicated as approximately parallel to the centerlines of streets, roads, highways, or
railroads or rights-of-way of same, shall be construed as being parallel thereto and at such distance as
indicated on the official zoning map. If no distance or legal description is given, the dimension shall be
determined by the use of the scale shown on the official zoning map.

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Page 5 of 357
E. Where a district boundary line divides a lot that is in single ownership upon the effective date of this
unified development code, the district requirements for each portion of such lot shall be deemed to
apply.
F. In the case of a through lot fronting on two (2) approximately parallel streets that is divided by a zoning
district boundary paralleling the streets, the restrictions of the zoning district in which each frontage of
the through lot lies shall apply to that portion of the through lot.
G. Where zoning district boundaries are in doubt, the director shall make such interpretation using the
appropriate scale from the official zoning map.

1.8.3 Rules of construction.
A. Words that are used in the present tense shall include the future tense.
B. Words that are used in the singular number shall include the plural number, and words that are used in the
plural number shall include the singular number.
C. A word denoting the masculine gender shall extend and be applied to female persons; and to firms,
partnerships, and corporations as well as to male persons.
D. The word "may" is always permissive and never mandatory. The word "shall" is always mandatory.
E. The word "month" shall mean thirty (30) days.
F. The word "person" shall extend and be applied to associations, clubs, societies, firms, partnerships, and
bodies, both political and corporate; as well as to individuals.
G. The word "includes" shall not limit a term to the specified examples, but it is intended to extend its meaning
to other instances or circumstances which are of like kind or character.

1.8.4 Computation of time.
Except as required by State or Federal law, or as interpreted by the courts, the time within which an act shall
be performed shall be computed by business days, excluding the first day and including the last day. Saturdays,
Sundays and legal holidays recognized by the City of Stockbridge shall be excluded from the computation.

1.9 Abrogation.
This unified development code is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this unified development code and another ordinance conflict or
overlap, whichever ordinance imposes the more stringent standard or restriction shall prevail.

1.10 Severability.
If any section, paragraph, clause, phrase, or provision of this unified development code shall be adjudged to
be invalid or held as being unconstitutional by a court of competent jurisdiction, such decisions shall not affect the
validity of remaining portions of this unified development code.

1.11 Conversion of previous zoning districts.
A. Zoning districts that were established under the previous zoning ordinance of the City of Stockbridge are
hereby renamed to the zoning district names and designations under this unified development code, as
shown in Table 1.11. All regulations, requirements and provisions of this unified development code

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applicable to a zoning district established under this section shall apply to the previously named zoning
district as now named, and as indicated in Chapter 2, Zoning Districts.
B. All special conditions and stipulations imposed as conditions of rezoning of property prior to adoption of this
unified development code are hereby retained and reaffirmed and shall continue in full force and effect until
the property is rezoned or the prior zoning action of mayor and city council is amended through the rezoning
process established by this unified development code.
Table 1.11: Conversion of Previous Zoning Districts
Previous Zoning District Designation Zoning District Designation Under this
Unified Development Code
Residential Zoning Districts
RA, Residential-agricultural district RR—Rural Residential District
R-1, Single-family residential district
R-2, Single family residential district SR—Suburban Residential District
R-3, Single-family residential district
RD, Residential duplex district CCR—City Center Residential District
RM, Multifamily residential district MFR—Multiple Family Residential District
RM-1
RM-2
RM-3
RMH, Mobile or manufactured home development RMH, Mobile or manufactured home development
district district
Commercial, Office and Institutional Zoning Districts
OI, Office-institutional district OI—Office-Institutional District
DT—Downtown District
C-1, Neighborhood commercial district C1—Neighborhood Commercial District
C-2, General commercial district C2—General Commercial District
C-3, Highway commercial district C3—Heavy Commercial District
Industrial Zoning Districts
M-1, Light manufacturing LI—Light Industrial District
M-2, Heavy manufacturing district HI—Heavy Industrial District
X-1, Railroad District
Mixed Use Districts
PTD, Planned town development district PUD—Planned Unit Development
MUND, Mixed use neighborhood development district
TND, Traditional neighborhood development

1.12 Transition rules.
A. Any application for a building permit or land disturbance permit that has been filed with the community
development department, and is full and complete, prior to the effective date of this unified development
code, shall be regulated by the terms and conditions of the zoning ordinance that was in place at the time of
filing. However, all administrative procedures and penalties shall follow those which are set forth by this
unified development code.

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B. Any application for a zoning map amendment (a rezoning) that was filed with the community development
department and is full and complete prior to the effective date of this unified development code, shall
continue through the process to completion pursuant to the terms and conditions of the zoning ordinance
that was in place at the time of filing. However, if the proposed use would no longer be permitted in the
proposed zoning district, or if the proposed zoning district no longer exists in this Code, the director shall
amend the application such that the request for rezoning would accomplish the same end goal for the
applicant.
C. Any application which is before the mayor and city council or the planning commission (i.e. a rezoning, a
zoning modification, a conditional usespecial use, a development standards variance, or a land use
amendment) that has been filed with the community development department, and is full and complete
prior to the effective date of the ordinance from which this chapter is derived, shall continue the process
pursuant to the terms and conditions of the zoning ordinance that was in place at the time of filing, provided
that if such application is no longer required by the terms of this Code, the application will be dismissed.

1.13 Development standards concerning previously approved plats.
Any residential, commercial, or industrial subdivision which was platted prior to the effective date of this
unified development code shall be subject to all development standards that are in place at the time of plat
recording.

Chapter 2 ZONING AND OVERLAY DISTRICTS

2.1 Generally.
All buildings, land, and structures shall be used in accordance with the comprehensive plan for the City of
Stockbridge, and they shall comply with the development standards of the applicable zoning district which is
established in this chapter. Such buildings, land, and structures shall be occupied or used only in conformity with
each of the standards that are set forth herein for the district in which they are located.

2.2 Official zoning map.
The City of Stockbridge is hereby divided into zoning districts, as is shown on the official zoning map,
together with all explanatory notes thereon. The official zoning map may be amended according to procedures
that are established in Chapter 2.

2.3 Establishment of zoning districts.
The zoning districts which are established in this unified development code are comprised of base districts
and overlay districts. The base zoning districts refer to "how a property is zoned," while the overlay districts are
special areas of the city where additional regulations apply. Many properties in the city have overlay districts in
addition to their base zoning districts, whereby properties must comply with the regulations of both districts. If
there is any conflict between a property's base zoning district and its overlay district, the overlay district
regulations shall rule.
Most properties that are located along the major roads within the City of Stockbridge are also located within
the Parkway Mixed Use Overlay District. Please see the adopted overlay map to view these parcels. These
properties therefore have two (2) zoning districts—a base zoning district and an overlay district. Each district is
assigned development standards that regulate the use and development of property within the city limits of
Stockbridge. Uses may be permitted "by right" with no further approvals required; uses may be subject to

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supplemental standards; and certain uses may be prohibited. The range of residential uses is presented in the
respective residential zoning districts. Commercial, institutional, and industrial uses are presented in the respective
nonresidential zoning districts. Accessory uses which are permitted in residential and nonresidential districts are
presented in the individual zoning districts.
A. List of Current Zoning Districts. Listed below are the City of Stockbridge's current zoning districts. They
are grouped by base zoning districts and overlay districts. The base zoning districts are further grouped
by residential districts, commercial districts, industrial districts, and other districts.

LIST OF THE CITY OF STOCKBRIDGE'S CURRENT ZONING DISTRICTS

The City of Stockbridge's current zoning district consists of base zoning districts and overlay zoning districts,
as are listed below.

BASE ZONING DISTRICTS:
• Residential Zoning Districts:
◦ Rural Residential District (RR)
◦ Suburban Residential District (SR)
◦ City Center Residential District (CCR)
◦ Multiple Family Residential District (MFR)
◦ Mobile Home Residential District (MHR)
• Commercial Zoning Districts:
◦ Neighborhood Commercial District (C1)
◦ General Commercial District (C2)
◦ Heavy Commercial District (C3)
◦ Office-Institutional District (OI)
◦ Downtown District (DT)
• Industrial Zoning Districts:
◦ Light Industrial District (LI)
◦ Heavy Industrial District (HI)
• Mixed Use Zoning Districts:
◦ Planned Unit Development District (PUD)
OVERLAY ZONING DISTRICTS:
• Parkway Mixed Use Overlay District (PMU)
• Downtown Village Overlay District (DTV)

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B. City of Stockbridge Zoning District Conversion Chart. During the preparation of this new unified
development code, some zoning districts were retained, some districts were converted to new districts
or combined with other districts, some districts were eliminated, and new districts were added. The
City of Stockbridge Zoning District Conversion Chart below provides this information.
CITY OF STOCKBRIDGE ZONING DISTRICT CONVERSION CHART
Previous Zoning District Designation Zoning District Designation Under this
Unified Development Code
Residential Zoning Districts
RA, Residential-Agricultural District RR—Rural Residential District
R-1, Single-Family Residential District
R-2, Single-Family Residential District SR—Suburban Residential District
R-3, Single-Family Residential District
RD, Residential Duplex District CCR—City Center Residential District
RM, Multifamily Residential District MFR—Multiple Family Residential District
RM-1
RM-2
RM-3
RMH, Mobile or Manufactured Home Development RMH, Mobile or Manufactured Home Development
District District
Commercial, Office and Institutional Zoning Districts
OI, Office-Institutional District OI—Office-Institutional District
NEW District DT—Downtown District
C-1, Neighborhood Commercial District C1—Neighborhood Commercial District
C-2, General Commercial District C2—General Commercial District
C-3, Highway Commercial District C3—Heavy Commercial District
Industrial Zoning Districts
M-1, Light Manufacturing LI—Light Industrial District
M-2, Heavy Manufacturing District HI—Heavy Industrial District
X-1, Railroad District
Mixed-Use Districts
PTD, Planned Town Development District PUD—Planned Unit Development
MUND, Mixed-Use Neighborhood Development
District
TND, Traditional Neighborhood Development

2.4 Zoning districts—Uses and development standards.
The following sections present those development standards that must be met in the respective zoning
districts that are established in this unified development code.
RR—Rural Residential District

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2.4.1 RR—Rural Residential District.
A. District Intent. The intent of the Rural Residential District is to preserve the mixed agricultural and residential
character of land which presently serves as a transition between rural land and land which may become
urban in character.
B. Permitted Uses and Conditional Uses.
Permitted Uses Conditional Uses Conditional Uses Cont. Formatted: List 1

Residential Residential Public/Institutional

• Single-family residences • Boarding house/group • Adult and child day care
• Boarding house/group home/personal care home having 3 or • Pre-K and private school K-12
home/personal care home having 2 or more residents
less residents Commercial
• Manufactured home Agricultural
• Senior adult housing • Golf course or driving range
• Keeping or raising of livestock • Commercial greenhouses or
Agricultural • Livestock processing and feedlots plant nurseries
• Roadside produce stands • Bed and breakfast facility (not in
• Riding academies and stables on a subdivision)
tracts of not less than 3 acres Public/Institutional
Accessory Uses
Public/Institutional • Funeral home, mortuaries, and
• Cemeteries crematoriums Residential
• Municipal, county, State or • Animal care facilities (kennels,
Federal buildings animal hospitals, veterinary clinics, • Accessory dwelling unit, such as
• Public school K-12 and stables) provided that all garage apartment, basement
• Parks and playgrounds structures, pens, and runs be in the quarters, mother-in-law suite, or
• Athletic fields rear yard only, with a minimum other type as determined by the
• Emergency response and public setback of 75 feet from all property director
safety facilities lines • Home occupation, excluding
• Private clubs and lodges family day cares
Communications/Utilities • Mass assembly centers and • Short-term rental
grounds (Section 3.2.24)
• Wireless Telecommunications
• Utility substation
• Water tower
Formatted: List 1
CB. District Standards.

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LOT DIMENSIONS YARD SETBACKS OTHER
REQUIREMENTS

Minimum Lot Area: Minimum Front Yard Setback: Maximum Lot Coverage:
• 1 acre on public water/sewer • 75 feet • 30 percent
and/or septic
• 1.25 acres on private well and Minimum Side Yard Setback: Minimum Living Area:
septic • 20 feet • 1,000 square feet on lot having
• 3 acres for agricultural use 1.25-acre lot or larger
Minimum Rear Yard Setback: • 1,200 square feet on lot smaller
Minimum Lot Width: • 40 feet than 1.25 acres
• 150 feet

Maximum Lot Depth:
• None

Minimum Lot Frontage:
• 100 percent of the lot width

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SR—Suburban Residential District

2.4.2 SR—Suburban Residential District.
A. District Intent. The intent of the Suburban Residential District is to provide for single-family dwellings of a
low to moderate density character on individual lots.
B. Permitted Uses and Conditional Uses.
Permitted Uses Conditional Uses Accessory Uses

Residential Residential Residential
• Boarding house/group
• Single-family residences home/personal care home having two • Accessory dwelling unit, such as
(2) or fewer residents garage apartment, basement
Public/Institutional • Senior housing for ages fifty-five quarters, mother-in-law suite, or
and over (55+), excluding medical other type as determined by the
• Cemeteries services director
• Golf course or driving range • Home occupation, excluding
• Municipal, county, State or Public/Institutional family day cares
Federal buildings
• Public school K-12 • Adult and child day care centers
• Parks and playgrounds • Mass assembly centers and
grounds (Section 3.2.24.)
Communications/Utilities

• Wireless telecommunications
• Utility substation
• Water tower

CB. District Standards.

LOT DIMENSIONS YARD SETBACKS OTHER
REQUIREMENTS

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Minimum Lot Area: Minimum Front Yard Setback: Maximum Lot Coverage:
• 12,000 • 50 feet • 30 percent

Minimum Lot Width: Minimum Side Yard Setback: Minimum Living Area:
• 75 feet • 10 feet • 1,500 square feet

Maximum Lot Depth: Minimum Rear Yard Setback:
• None • 40 feet

Minimum Lot Frontage:
• 100 percent of the lot width

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CCR—City Center Residential District

2.4.3 CCR—City Center Residential District.
A. District Intent. The intent of the City Center Residential District is to provide a diversity of residential housing
types on smaller lots where public sewer systems are present, when they are a part of a planned
development project.
B. Permitted Uses and Conditional Uses.
Permitted Uses Conditional Uses Accessory Uses

Residential Residential Residential

• Single-family residences • Boarding house/group • Accessory dwelling unit, such as
• Townhomes home/personal care home having 2 or garage apartment, basement
• Duplex less residents quarters, mother-in-law suite, or
• Triplex other type as determined by the
• Quadraplex director
• Home occupation, excluding
Public/Institutional family day cares
• Short-term rental
• Municipal, county, State, or
Federal buildings
• Public school K-12
• Parks and playgrounds

Communications/Utilities

• Wireless telecommunications
• Utility substation
• Water tower

CB. District Standards.

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LOT DIMENSIONS YARD SETBACKS OTHER
REQUIREMENTS

Minimum Lot Area: Minimum Front Yard Setback: Maximum Lot Coverage:
• 6,000 square feet • 25 feet • 50 percent

Minimum Lot Width: Minimum Side Yard Setback: Minimum Living Area:
• 50 feet • 10 feet • 850 square feet per unit

Maximum Lot Depth: Minimum Distance Between
• None Buildings:
• 20 feet
Minimum Lot Frontage:
• 70 percent of the lot width Minimum Rear Yard Setback:
• 30 feet

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MFR—Multiple Family Residential District

2.4.4 MFR—Multiple Family Residential District.
A. District Intent. The intent of the Multiple Family Residential District is to allow the development of multiple
family residences served by public water and sewer systems. The provisions that regulate this land use
district provides for the development of residential neighborhoods in a high-density urban development
environment with access provided on streets that are classified as collector streets of higher.
The city should promote an average density of fourteen (14) dwelling units per acre or higher.
B. Permitted Uses and Conditional Uses.
Permitted Uses Conditional Uses Accessory Uses

Residential Residential Residential

• Triplex N/A • Home occupation, except for
• Quadraplex home day cares
• Apartments Public/Institutional
• Townhouses
• Condominiums • Adult and child day care centers
• Private school K-12
• Senior housing, excluding a • Nursing homes, assisted living,
medical component due to State and hospice care facilities
licensing restrictions

Public/Institutional

• Municipal, county, State or
Federal buildings
• Public school K-12
• Parks and playgrounds

Communications/Utilities

• Wireless telecommunications
• Utility substation
• Water tower

CB. District Standards.

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LOT DIMENSIONS YARD SETBACKS OTHER
REQUIREMENTS

Minimum Lot Area for Minimum Front Yard Setback: Maximum Lot Coverage:
Development: • 50 feet • 50 percent
• 2 acres
Minimum Side Yard Setback: Minimum Open Space:
Minimum Lot Width: • 15 feet
• 100 feet • 15 percent
Minimum Distance Between
Maximum Lot Depth: Buildings: Minimum Living Area:
• None • 20 feet • Studio—800 square feet
• 1 bedroom—650 square feet
Minimum Lot Frontage: Minimum Rear Yard Setback: • 2 bedroom—950 square feet
• 100 percent of the lot width • 20 feet • 3 bedroom—1,150 square feet

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MHR—Mobile Home Residential District

2.4.5 MHR—Mobile Home Residential District.
A. District Intent. The intent of the Mobile home Residential District is to accommodate mobile home
developments as an attractive and attainable housing options. Mobile home parks shall be designed in
accordance with O.C.G.A §§ 8-2-160 through 168, the State Board of Health requirements, and the
requirements of this Code.
It is intended that such mobile home developments shall be so located, designed, and improved as to
provide a desirable residential environment, protection from potentially adverse neighboring influences, and
access for vehicular traffic without traversing local streets in adjoining residential neighborhoods. Mobile home
developments, including mobile home parks and mobile home subdivisions, shall be located on a thoroughfare
having the minimum classification of an arterial roadway.
B. Permitted Uses and Conditional Uses.
Permitted Uses Conditional Uses Accessory Uses

Residential Public/Institutional Residential

• Manufactured home • Pre-K and day care centers, • Home occupation, except for
• Mobile home provided that they are not located pre-K and day care centers.
inside of a home, but rather in a • One (1) office/maintenance
Public/Institutional freestanding building. building incidental to use by residents
of a mobile home park.
• Municipal, County, State, or • Commercial and service
Federal buildings establishments intended to serve only
• Public School K-12 persons within the mobile home park
when located within mobile home
parks and occupying not more than
three percent (3%) of the total land
area of the mobile home park.
• Recreation areas and structures
owned, operated and maintained
exclusively for the use of residents
and guests of residents of the mobile
home park.

CB. District Standards.

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LOT DIMENSIONS YARD SETBACKS OTHER
REQUIREMENTS

Minimum Development Area: Minimum Development Front Yard Maximum Lot Coverage:
• 15 acres for park Setback: • 40 percent
• 60 feet
Minimum Lot Width: Minimum Open Space:
• 125 feet Minimum Side Yard Setback: • 20 percent
• 15 feet
Maximum Lot Depth: Minimum Living Area:
• None Minimum Distance Between • 720 square feet
Buildings:
Minimum Lot Frontage: • 20 feet Minimum Number of Units:
• 100 percent of the lot width • 50 per development
Minimum Rear Yard Setback:
Minimum Lot Area: • 40 feet
• 5,000 square feet with public
water and sewer
• 18,000 square feet with public
water and septic

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OI—Office Institutional District

2.4.6 OI—Office Institutional District.
A. District Intent. The intent of the OI district is to allow a land use category for offices, banks, and personal
business services which can serve as a transitional area between residential and commercial districts.
B. Permitted Uses and Conditional Uses.
Permitted Uses Permitted Uses Cont. Conditional Uses

Commercial Uses • Library or museum • Nursing homes, assisted living,
• Restaurants having no drive thru and hospice care facilities
• Bakeries • Health services clinic, urgent care • Boarding house/group
• Banks and loan associations • Home healthcare service, office home/personal care home having 3 or
• Barber shop and beauty salon, use only more residents
only when located inside of buildings • Hospital or medical facility • Mass assembly centers and
for other uses • Kidney dialysis center grounds (see Sections 3.2.24 and
• Bookstores • Medical or dental laboratories 3.1—Use Table)
• Cafes inside of buildings for • Physical therapy
other uses
• Child and adult day care centers Public/Institutional
• Clothing and apparel store, only
when located inside of buildings for • Colleges, universities, research
other uses and training facilities
• Coin laundry, dry cleaning, and • Municipal, county, State or
pick up stations, only when located Federal buildings
inside of buildings for other uses • Public school K-12
• Dental offices • Private school K-12
• Fueling service stations • Parks and recreation centers
• Florist and gift shops • Professional offices
• Fitness center • Vocational schools
• Museums and art galleries
• Nonprofit fraternal organizations Communications/Utilities
and clubs
• Pharmacy or apothecary • Bus station
• Clinics, cafeterias, employee • Park-and-ride lots
credit unions and recreational • Radio tower
facilities for employees only • Wireless telecommunications
• Utility substation
• Water tower
C. District Standards. Formatted: Normal

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LOT DIMENSIONS YARD SETBACKS OTHER
REQUIREMENTS

Minimum Lot Area: Minimum Front Yard Setback: Maximum Lot Coverage:
• 20,000 square feet • 50 feet • 70 percent

Minimum Lot Width: Minimum Side Yard Setback:
• 100 feet with public water/sewer • 15 feet
• 125 feet with public water and
septic Minimum Distance Between
Buildings:
Maximum Lot Depth: • 20 feet
• None
Minimum Rear Yard Setback:
Minimum Lot Frontage: • 20 feet
• 100 percent of the lot width

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DT—Downtown District

2.4.7 DT—Downtown District.
A. District Intent. The intent of the DT District is to maintain, enhance, and expand the development patterns
and mixed use and open space character of Downtown Mainstreet. It is also to encourage compatible infill
and redevelopment opportunities. Development standards within the district are intended to continue
historic development patterns and promote a predominant land use activity for retail, dining, entertainment,
cultural events, community festivals, and residential options, while still allowing for other uses to locate in
the district.
B. Permitted Uses and Conditional UseSpecial uses.
Permitted Uses Permitted Uses Cont. Conditional Uses Formatted Table

Residential • Grocery store Residential
• Residential units on upper floors • Ice cream and confectionary
• Live/work units stores • Duplex
• Jewelry store • Triplex
Commercial Uses • Music store • Quadraplex
• Apparel and retail stores • Office buildings
• Art galleries • Organizations and clubs Commercial Uses
• Antique shops • Pet supply store (no boarding)
• Bakery and cafe • Pharmacy • Bars, taverns, pubs, and clubs
• Bank and loan associations • Recording studios • Billiards and arcades
• Barber shop and beauty salon, • Professional offices • Mass assembly centers and
subject to the use restrictions for • Restaurants, having no drive- grounds (see Sections 3.2.24 and
regulated businesses through 3.1—Use Table)
• Bookstores • Restaurants, including outdoor
• Breweries and distilleries, when dining Public/Institutional
they are located inside of a restaurant
• Clothing and apparel store • Event space, subject to the
• Day spa and aesthetician Public/Institutional "assembly use" restrictions that were
• Drugstore • Commercial parking garages adopted by city council; and subject
• Florist and gift shops • Municipal, county, State or to the obtaining of a temporary use
• Food trucks and courts Federal buildings permit
• Fitness center and similar group • Parks, recreation, and open
instruction space Communications/Utilities
• Farmer's markets
• General merchandise store • Wireless telecommunications
• Utility substation
• Water tower
• Radio tower
• Bus station
• Park-and-ride lot

C.B. District Standards.

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LOT DIMENSIONS YARD SETBACKS OTHER
REQUIREMENTS

Minimum Lot Area: Maximum Front Yard Setback: Maximum Lot Coverage:
• None • 20 feet • 90 percent

Minimum Lot Width: Minimum Side Yard Setback: Minimum Living Area:
• None • 0 feet • Studio—600 square feet
• 10 feet, with doors and windows • 1 bedroom—800 square feet
Maximum Lot Depth: • 2 bedroom—1,000 square feet
• None Minimum Rear Yard Setback: • 3 bedroom—1,100 square feet
• 10 feet
Minimum Lot Frontage:
• None

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C1—Neighborhood Commercial District

2.4.8 C1—Neighborhood Commercial District.
A. District Intent. The intent of the C-1 District is to provide locations for limited retail and service uses to satisfy
the common and frequent needs of nearby residents of nearby residential neighborhoods. It is the intent of
this district to encourage such uses to be a part of a neighborhood convenience shopping center designed as
a continuous architectural unit and on roads classified as minor arterial.
B. Permitted Uses and Conditional Uses.
Permitted Uses Permitted Uses Cont. Permitted Uses Cont. Formatted Table

Commercial Uses Commercial Uses Communications/Utilities
• Apparel stores • Indoor recreation, including • Wireless telecommunications
• Artisans' galleries bowling alleys, theaters, pool rooms • Utility substation
• Antique shops, provided that and electronic machines • Water tower
there is no outdoor display or storage • Jewelry stores • Radio tower
• Bakery, confectionary, and cafe • Medical offices, clinics, and
uses physical therapy facility Conditional Uses
• Bank and loan associations • Museums and art galleries
• Barber shop and beauty salon • Music store Commercial Uses
• Bookstores • Package store • Cemeteries
• Boarding and rooming houses • Pet supply store (no boarding) • Mass assembly centers and
• Bicycle sales and repair • Pharmacy grounds (Section 3.2.24)
• Catering establishments • Physical therapy
• Child and adult day care centers • Professional offices
• Coin laundry, dry cleaning, and • Professional/business schools
pickup stations and colleges or other private schools
• Colleges, universities, and offered for profit
vocational/technical schools • Restaurants and other dining
• Dental offices and clinics establishments with or without a
• Consignment and thrift stores, drive-through configuration
subject to the use restrictions for • Sidewalk sales, provided that a
regulated businesses temporary use permit is obtained
• Florist and gift shops
• Fitness centers Public/Institutional
• Furniture stores • Municipal, county, State or
• Hospitals Federal buildings
• Hotels • Parks and recreation uses
• Public school K-12

CB. District Standards.

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LOT DIMENSIONS YARD SETBACKS OTHER
REQUIREMENTS

Minimum Lot Area: Minimum Front Yard Setback: Maximum Lot Coverage:
• 10,000 square feet • 50 feet • 70 percent

Minimum Lot Width: Minimum Side Yard Setback:
• 60 feet • 10 feet
• 30 feet for corner lots
Maximum Lot Depth:
• None Minimum Distance Between
Buildings:
Minimum Lot Frontage: • 20 feet
• 100 percent of the lot width
Minimum Rear Yard Setback:
• 20 feet

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C2—General Commercial District

2.4.9 C2—General Commercial District.
A. District Intent. The intent of the C-2 District is to provide locations for a wide variety of retail and service uses
and wholesale establishments to satisfy the common and frequent needs of residents in large sections of the
county and of the traveling public. It is the intent of this district to encourage businesses to be part of
planned commercial convenience centers, neighborhood or community shopping centers, and/or developed
sections along roads with a classification of minor arterial.
B. Permitted Uses and Conditional Uses.
Permitted Uses Permitted Uses Cont. Conditional Uses

Commercial Uses • Pet shops Commercial Uses
• Restaurants, including drive-
• Any use permitted in the C1 through establishments • Automobile gasoline sales
District • Retail warehouses/wholesalers • Building and lumber supply
• Ambulance service providing sales of merchandise with establishments, providing that there
• Automobile broker (no vehicle no outdoor storage is not outside storage of materials or
storage) • Sporting field and complexes equipment
• Automobile wash/wax centers • Stationery, office supply, and • Funeral home, mortuaries, and
• Automobile rental and leasing equipment stores crematoriums
facilities • Tattoo shops • Greenhouses and nurseries,
• Automobile service repair • Used appliances stores including landscape service
stations providing minor repair • Vape shops • Mass assembly centers and
• Bowling alley, billiard hall, indoor grounds (see Sections 3.2.24 and
tennis courts, indoor skating rink, or Public/Institutional 3.1—Use Table)
similar forms of indoor commercial • Trade shops, including electrical
recreation • Municipal, county, State or plumbing, heating/cooling, and
• Cigar bars, hookah lounges Federal buildings roofing siding, having no outside
• Commercial parking garages and • Public school K-12 storage
lots • Veterinary clinic
• Commuter transit, such as bus Communications/Utilities
and train
• Dancing schools and other group • Wireless telecommunications
instruction • Utility substation
• Department store • Water tower
• Furniture store • Radio tower
• Health services clinic or hospital
• Pawn shops and second-hand
stores, including apparel, music,
movies, gaming, and books

CB. District Standards.

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LOT DIMENSIONS YARD SETBACKS OTHER
REQUIREMENTS

Minimum Lot Area: Minimum Front Yard Setback: Maximum Lot Coverage:
• 10,000 square feet • 50 feet • 70 percent

Minimum Lot Width: Minimum Side Yard Setback:
• 100 • 10 feet
;ne; • 30 feet for corner lots
Maximum Lot Depth:
• None Minimum Distance Between
Buildings:
Minimum Lot Frontage: • 20 feet
• 100 percent of the lot width
Minimum Rear Yard Setback:
• 20 feet

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C3—Heavy Commercial District

2.4.10 C3—Heavy Commercial District.
A. District Intent. The intent of the C-3 District is to provide distinct areas for commercial activities which
provide products and services that require locations along major arterial roads, highway intersections, and
freeway interchange areas, due to their generation of heavy traffic or their need to transport and display
heavy bulk materials, and which provide services that would not be appropriately located in areas providing
neighborhood or other commercial retail and service activities. Uses in this district shall be located on roads
having a minimum classification of major arterial.
B. Permitted Uses and Conditional Uses.
Permitted Uses Permitted Uses Cont. Conditional Uses

Commercial Uses Commercial Uses
• Recreational vehicle/boat sales
• Any use permitted within the C2 and service • Automobile sales (new and used
District • Trade shops, including electrical dealerships)
• Automobile brokers plumbing, heating/cooling, and • Mass assembly centers and
• Automobile gasoline sales roofing/siding, having no outside grounds (see Sections 3.2.24 and
• Automobile service repair storage 3.1—Use Table)
stations providing major repair • Tattoo shops
• Building and lumber supply • Used appliance stores Accessory Uses
establishments
• Commercial parking garages and Public/Institutional • Gate and security buildings
lots • One (1) dwelling unit may be
• Commuter transit, such as bus • Municipal, county, State or established for security personnel,
and train Federal buildings management personnel, or the facility
• Computer and data processing • Public school K-12 owner for a warehouse/self-storage
services facility
• Department store Communications/Utilities
• Farmers market
• Mini-warehouses and storage • Wireless telecommunications
buildings without outdoor storage • Utility substation
• Office uses are permitted only • Water tower
when they are associated with other • Radio tower
permitted uses
• Retail warehouses/wholesales,
including outside storage

CB. District Standards.

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LOT DIMENSIONS YARD SETBACKS OTHER
REQUIREMENTS

Minimum Lot Area: Minimum Front Yard Setback: Maximum Lot Coverage:
• 10,000 square feet • 70 feet • 70 percent

Minimum Lot Width: Minimum Side Yard Setback:
• 100 • 10 feet
• 30 feet for corner lots
Maximum Lot Depth:
• None Minimum Distance Between
Buildings:
Minimum Lot Frontage: • 20 feet
• 100 percent of the lot width
Minimum Rear Yard Setback:
• 30 feet

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LI—Light Manufacturing District

2.4.11 LI—Light Manufacturing District.
A. District Intent. The intent of the Light Manufacturing District is to provide for light industrial uses, all of which
shall be nuisance-free and not generators of hazardous wastes. It is intended that light manufacturing uses
shall be located on either arterial or major collector streets, or within industrial parks having access to such
thoroughfares.
B. Permitted Uses and Conditional Uses.
Permitted Uses Permitted Uses Cont. Permitted Uses Cont.

Industrial and Warehousing • Professional offices and • Radio tower
administration buildings, when they • Wireless telecommunications
• Agricultural implementation and are associated with another • Transit park-and-ride lot
equipment establishments permitted use (excluding office parks) • Utility substation
• Armory and equipment sales • Public utilities such as electric • Water tower
• Automobile service repair substations, storage of materials and
stations providing major repair trucks, repair facilities, offices and Conditional Uses
• Building materials and lumber electric generating plants
supply establishments • Repair, reconditioning, and Commercial Uses
• Business distribution centers manufacturing activities which are
• Business parks nuisance-free and which do not • Bowling alley, billiard hall, indoor
• Clinics, cafeterias, employee generate hazardous wastes archery and firearm range, indoor
credit unions and recreational • Research, experimental, or tennis courts, indoor skating rink, or
facilities for employees only testing laboratories similar forms of indoor commercial
• Commercial parking garages and • Trade shops, including electrical, recreation
lots plumbing, heating/cooling, and • Outdoor amusement parks
• Computer and data processing roofing • Lodges and event facilities
services • Trade/industrial/vocational
• Fabrication shops schools Accessory Uses
• Commercial greenhouses and • Wholesale business, warehouse,
plant nurseries, including landscaping distribution, and similar non • Gate and security buildings
services processing storage and distribution • One (1) dwelling unit may be
• Manufacturing, compounding, uses established for security personnel,
processing or assembling food or management personnel, or the facility
consumer goods Public/Institutional owner for a warehouse/self-storage
• Self-storage facilities facility
• Newspaper and printing plants • Municipal, county, State or • Outdoor storage
• Nonprofit fraternal organizations Federal buildings
and clubs

CB. District Standards.

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LOT DIMENSIONS YARD SETBACKS OTHER
REQUIREMENTS

Minimum Lot Area: Minimum Front Yard Setback: Maximum Lot Coverage:
• 30,000 square feet • 70 feet • 50 percent

Minimum Lot Width: Minimum Side Yard Setback:
• 100 feet • 10 feet
• 30 feet for corner lots
Maximum Lot Depth:
• None Minimum Distance Between
Buildings:
Minimum Lot Frontage: • 20 feet
• 100 percent of the lot width
Minimum Rear Yard Setback:
• 20 feet

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HI—Heavy Industrial District

2.4.12 HI—Heavy Industrial District.
A. District Intent. The intent of the Heavy Manufacturing District is to provide for the broadest range of
industrial operations permitted in the city. It is the district for the location of those industries which have not
reached a technical stage which renders them to be free of all nuisance factors. These uses are to be located
on either an arterial or major collector street, or, when they are located within an industrial park, shall have
access to such thoroughfares.
B. Permitted Uses and Conditional Uses.

Permitted Uses Permitted Uses Cont. Conditional Uses Cont.

Industrial and Warehousing • Recycling centers for • Asphalt and concrete
collection or processing batching plants
• Any use which is • Rock, sand or gravel • Central mixing plants for
permitted in the Light distribution or storage cement, mortar, plaster or
Industrial (LI) District • Sawmills housing materials
• Agriculture crop • Salvage and junkyards • Development of natural
processing and storage (of • Sheet metal products resources, including the
materials produced off-site) • Smelting of copper, removal of minerals (such as
• Asphalt manufacturing iron, zinc, or ore rock quarries) and natural
• Building materials and • Tinsmith/roofing materials, together with
lumber supply operations necessary buildings and
establishments machinery
• Blast furnace, steel Public/Institutional • Sanitary landfills
furnace, blooming, or rolling • Truck, trailer, tractor
mill • Municipal, county, sales and service
• Brick, tile, and terra- State, or Federal buildings • Truck trailer storage lots
cotta manufacturing and trailer drop lots
• Cement, lime, gypsum, Communications/Utilities • Truck stops
or plaster of paris • Truck terminals
manufacturing • Radio tower • Towing, wrecking, and
• Chemical storage or • Transit park-and-ride impound service
manufacturing lots
• Heating and electric • Wireless Accessory Uses
power generating plants and telecommunications
all necessary uses • Utility substation • Gate and security
• Lumber yard for • Water tower buildings
wholesaling of building • One (1) dwelling unit for

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products Conditional Uses security personnel,
• Machine and machine management personnel, or
tool manufacture Industrial and Warehousing the facility owner for a
• Petroleum or warehouse/self-storage
inflammable liquids, • Airports, heliports, and facility
production, refining, or landing areas • Outdoor storage
storage • Alternative energy
• Poultry killing, plucking, production other than solar
and processing systems
• Railroad spurs and yards • Radio/television
• Railway lines, passenger transmission towers over
depots, intermodal facilities, thirty-five (35) feet high
and rail yards

CB. District Standards.

LOT DIMENSIONS YARD SETBACKS OTHER
REQUIREMENTS

Minimum Lot Area: Minimum Front Yard Setback: Maximum Lot Coverage:
• 1 acre • 70 feet • 50 percent

Minimum Lot Width: Minimum Side Yard Setback:
• 150 feet • 10 feet
• 30 feet for corner lots
Maximum Lot Depth:
• None Minimum Distance Between
Buildings:
Minimum Lot Frontage: • 20 feet
• 100 percent of the lot width
Minimum Rear Yard Setback:
• 40 feet

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PUD—Planned Unit Development

2.4.13 PUD—Planned Unit Development District.
A. District Intent. The intent of the Planned Unit Development District is to:
1. Allow the development of balanced neighborhoods containing physical, economic, and social assets
which are difficult to achieve through the traditional separation of use and density zones;
2. Provide an appropriate district for mixed-use developments; and
3. Allow flexibility in design for environmentally challenged properties.
New developments may contain two (2) or more types of uses. Traditional single-family detached
subdivisions are envisioned to be in Suburban Residential Districts instead of PUD Districts, unless an unusual site
design is proposed (such as cluster housing) or the physical characteristics of the property necessitate flexibility in
the site design. Traditional multifamily developments are similarly envisioned to be in a Multiple Family Residential
District rather than in a PUD District.
This is accomplished by allowing the applicant the freedom necessary to protect natural resources, to protect
and improve the social and economic environment; and to protect the investment of both the city and the
community within the development.
In designing a PUD development, special attention should be focused on the arrangement of buildings and
other improvements for the orderly function and aesthetics, the preservation of open space for the use of
residents and workers in the development, the variety of housing types and densities necessary to achieve a
balanced neighborhood, and the provision of a pedestrian environment separate from the vehicular environment.

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B. Permitted Uses and Conditional UseSpecial uses.
Permitted Uses Permitted Uses Cont. Conditional UseSpecial uses

Residential Public/Office/Institutional • Any proposed use subject to the
approval by the city council
• Single-family residence • Commercial parking garages and
• Duplex lots Accessory Uses
• Triplex • Commuter transit, such as bus
• Quadraplex and train Residential
• Apartments • Municipal, county, State or
• Townhouses Federal buildings • Accessory dwellings
• Condominiums • Parks, recreation, and • Home occupation, except family
• Residential dwellings on upper amphitheaters day care Formatted: Highlight
floors • Short-term rental
Formatted: Highlight
• Nursing homes, assisted living, Communications/Utilities
and hospice care facilities Prohibited Uses
• Wireless telecommunications
Retail and Business Uses • Utility substation • Automobile service, major repair
• Water tower • Automobile sales and truck sales
• Any use permitted in the OI, C-1, • Automobile rental and leasing
and C-2 Districts facilities
• Pawn shops

C. District Standards.

LOT DIMENSIONS YARD SETBACKS OTHER
REQUIREMENTS

Minimum Lot Area for Development: Minimum Front Yard Setback: Maximum Lot Coverage:
• 3 acres • Determined by approved • Determined by approved
concept plan concept plan
Minimum Lot Width for
Development: Minimum Side Yard Setback: Minimum Open Space:
• Determined by approved • 20 percent
• Determined by approved concept plan
concept plan Maximum Density:
Minimum Distance Between • Determined by approved

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Maximum Lot Depth: Buildings: concept plan
• Determined by approved • Determined by approved
concept plan concept plan Minimum Living Area:
• Determined by approved
Minimum Lot Frontage: Minimum Rear Yard Setback: concept plan
• Determined by approved • Determined by approved
concept plan concept plan

2.4.14 PUD—Planned Unit Development District design guidelines and procedures.
A. Definitions. The definitions of various terms, as they apply to the PUD District, are provided below.
"Comprehensive plan" means the City of Stockbridge's adopted Comprehensive Plan 2018—2038. It is a long-
range plan containing policies to guide the growth and development of the city, which includes the analysis,
recommendations, and proposals for the City of Stockbridge's population, economy, housing, transportation,
community facilities, and land use.
"Master development plan" means a written in graphic submission for a plan development which represents
attractive land, purpose, subdivision, the location in bulk of buildings and other structures, density of
development, public and private streets, parking facilities, common open space, public facilities and all covenants
related to use thereof. The master development plan is submitted in conjunction with a rezoning application for
the PUD District.
"Maximum allowable net density" means the total number of dwelling units or housing structures per unit of
land, based on net land area.
"Net land area" means the area that is calculated in terms of net acres, or the land that is devoted to
residential, commercial, or industrial use, exclusive of street rights-of-way, flood hazard areas, and public lands.
"Nonresidential land uses" means those designated areas which are not residential land uses, which includes,
but are not limited to, the following: Commercial or industrial zones, common open space, private streets, service
drives in parking areas, recreation space, and other open space areas.
"Open space" means land within or related to a development, which is not individually owned or delegated
for public use, which is designed and intended for the common ownership and use by the residents of
development plan. It may include complementary structures and improvements, as are necessary and appropriate.
"Ownership types" consist of all types of residential development, including, but not limited to, single-family,
duplex, triplex, quadraplex, apartments, townhouses, and condominiums. Ownership may be fee simple, lease
purchase, leased, or rented with a common ownership of open spaces recreation facilities streets and parking
areas.
"Preliminary concept plan" means a preliminary plan of the proposed plan development of sufficient
accuracy to be used for purpose of reviewing the proposed land uses in general layout.

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"Professional consultant" means the person who is a registered and/or certified engineer, architect, or
planner who prepared the plan within the scope of their respective legal responsibilities.
"Residential land uses" means any variety of residence types as permitted within respective separately zoned
areas of the PUD, and as shown on the approved master development plan.
B. General Requirements for a Planned Unit Development District.
1. Area. The minimum area that is required for a PUD District shall be three (3) contiguous acres of land.
2. Uses. Each PUD final development plan must include at least two (2) different uses and/or two (2)
types of varied housing options.
C. Application Procedure.
1. Preliminary Concept Plan Review. Before an application for rezoning to the PUD zoning district is
authorized, the applicant shall submit a preliminary concept plan for review by the community
development department.
D. Required Information. The preliminary concept plan shall include the following information:
1. Planned unit development name.
2. The owner and developer of the property.
3. Architect, engineer, or planner who designed the plan.
4. Location or orientation map of the property.
5. Legal description of the parcel.
6. Date, scale, and north arrow.
7. Acreage in the total tract.
8. Topography at ten-foot contour intervals.
9. Proposed land uses and net acreage in each type.
10. Proposed street layout.
11. Proposed lot layout.
12. General location of proposed buildings to be used for commercial, recreational, or public facility uses.
13. Proposed buffers, open space, and natural environmental features, such as surface drainage and open
water.
14. Proposed amenities.
E. Official Rezoning. Following the preliminary concept plan review and approval by the community
development department, the applicant of the PUD project shall apply for rezoning.
F. PUD Master Development Plan Approval Request. A master development plan which incorporates the
comments and modifications made by the community development department in its review of the
preliminary concept plan shall be submitted with the application for rezoning. The master development plan
shall include the following information:
1. A site plan for the complete development project, which is drawn to a scale of one (1) inch equals fifty
(50) feet or one (1) inch equals one hundred (100) feet. The plan shall include information that is
contained on the preliminary concept plan, as well as any and all modifications that were previously
made by the planning commission. The plan shall include one (1) or more sheets, as necessary, to
accurately show the following information:

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a. Property information:
i. Planned development project name.
ii. Owner and developer of the property.
iii. Architect, engineer, or planner who designed the plan.
iv. Date, scale, and north arrow.
v. An area map showing adjacent property owners, the zoning classifications of adjacent
parcels, and existing land uses within five hundred (500) feet of the property for the PUD
project.
vi. A legal description of the parcel.
b. Existing conditions:
i. Existing topographical features of this site, with a minimum contour interval of five (5) feet.
The outline of wooded areas and surface drainage such as streams, lakes and wetlands
shall be shown.
ii. Soil conditions according to the U.S. Soil Conservation Service classification for Henry
County (including the City of Stockbridge).
iii. The location of any flood hazard areas subject to a one-hundred-year flood according to
the Henry County Flood Damage Prevention Ordinance. The location of the one-hundred-
year flood shall be shown relative to contour elevations.
iv. The location and extent of any aircraft approach zones over the subject PUD property.
v. The location of any existing property lines within the parcel, railroads, utility rights-of-way
or easements, and existing buildings and structures.
vi. Existing public facilities, such as sanitary sewers, water mains, storm drainage facilities,
culverts, or bridges in underground or above-ground facilities within the parcel to be
developed; or within the right-of-way of roads bordering the parcel, with sizes, grades, and
an invert elevation from field surveys or other sources.
c. Proposed development conditions:
i. Phases of the proposed development.
ii. The location and extent of the proposed interior road system, including pavement and
right-of-way width.
iii. Delineations of the proposed residential uses, including the location of residential land uses
and dwelling unit types, the total number of dwelling units, the total number of lots, and
the percentage allocation by dwelling unit type.
iv. Proposed layout and dimensions of lots within each proposed residential zoning district.
v. Calculation of residential density in dwelling units per net acres by proposed dwelling unit
type.
vi. The delineation of proposed nonresidential areas, including the lot layout and dimensions,
as well as the general location of the proposed buildings.
vii. The interior common open space system.
viii. Proposed dedication or reservation of land for public use, including streets, parks, schools,
and other public buildings and facilities.

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ix. Proposed improvements to existing community facilities, including roads, sewers, drainage
facilities, and water facilities adjoining or near the site.
d. A written report shall be submitted by the applicant which contains the following information
concerning the master development plan:
i. General description of the proposal.
ii. Proposed standards for development, including restrictions on the use of the property,
density standards, yard requirements, and restrictive covenants.
iii. Proposed dedication or reservation of land for public use, including streets, easements,
parks, and school sites.
iv. Exceptions or variations from the requirements of the zoning ordinance and subdivision
ordinance, if any, the area that is being requested.
v. Plans for the provision of the utilities, including water, sanitary sewer, and drainage
facilities, as well as appropriate calculations regarding the sizing of drainage areas and
pipes.
vi. A report from the Henry County Water and Sewerage Authority or municipal authority as
appropriate indicating the adequacy of sanitary sewer and water services.
vii. Plans for the protection of abutting properties.
viii. Plans for the maintenance of common open space areas.
ix. A table showing the total number of acres in the proposed development and the
percentage that is designated for each type of proposed land use, including public facilities.
Information should be provided in net acres.
x. Tabulations of the overall net density for residential uses.
xi. An explanation of phasing or stages of the PUD project.
xii. Adequacy of an arrangement of vehicular traffic access and circulation, including
intersections, roadway widths, and traffic controls.
xiii. Adequacy of an arrangement of pedestrian traffic access in circulation, including separation
of pedestrians from vehicular traffic and pedestrian convenience.
xiv. Location and arrangement of off-street parking and loading.
xv. Location, arrangement, size, and placement of buildings, lighting, and signs.
xvi. Plan development projects for which two thousand (2,000) or more average daily vehicle
trips will be generated, and/or for which at least twenty thousand (20,000) gallons per day
of sewage treatment plant capacity will be required, must submit with the application an
environmental impact report. The report shall follow the format which is used by the
community development department. The report shall objectively discuss the positive and
negative impacts of the proposed development on land uses; on public water and
sewerage facilities; on traffic patterns volumes and road improvements; on storm drainage
facilities and school enrollments; on the tax base (economic base); on natural vegetation
and wildlife habitat; and on area appearance and aesthetics. The report shall be prepared
by a professional consultant.
e. Review of application. In reviewing the application for PUD preliminary development plan
approval and zoning approval, the planning commission and city council shall consider those
items which are listed in Chapter 9 concerning zoning map amendments.

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f. The consideration of a PUD District approval or disapproval and master development plan shall
also include, but not be limited to, the following:
i. The relationship to the comprehensive plan;
ii. The adequacy and arrangement of vehicular traffic access and circulation, including
intersections, road widths, and traffic controls;
iii. The adequacy of an arrangement of pedestrian traffic access in circulation, including
separation of pedestrian from vehicular traffic, and pedestrian convenience;
iv. The location, arrangement, appearance, and sufficiency of off-street parking and loading;
v. The location, arrangement, and size in the placement of buildings(s), lighting, and signs;
vi. The arrangement of landscape features and buffer areas;
vii. The adequacy of public water supply;
viii. The adequacy of stormwater and sanitation waste disposal facilities; and
ix. The adequacy of structures, roadways, in areas with moderate to high susceptibility to
flooding and ponding and/or erosion.
G. Modifications.
1. Minor Modifications. The community development director shall have the authority, in the
administration of the PUD, to approve minor modifications of the master development plan without a
public hearing in a manner that is consistent with the purpose or intent of the overall development.
Minor changes are those which implement only slight alterations to the approved site design layout;
which are made necessary by actual field conditions at the time of development; or which do not alter
the impact of the development on nearby properties, nor the intent or integrity of the conditions as
they were originally imposed. Any request for a minor change of the master development plan shall be
made in written form to the director. Furthermore, the request for a minor change shall be
accompanied by copies of the revised master development plan.
2. Major Modifications. Any major change to the site plan, or to conditions that were attached to an
approved master development plan, shall require an application and hearing before the planning
commission and the city council, as is required within subsection 2.4.14.F. Without limiting the
meaning of the phrase, the following are examples of what constitutes a "major change" for purposes
of interpreting this section:
a. The movement of any building or structure adjacent to an exterior boundary line, closer to the
boundary line of the property; if this causes an encroachment upon the required yard setbacks;
b. Any increase in the number of dwelling units or any increase in the total amount of floor space of
any nonresidential building;
c. Any change in any buffer requirement(s) that were imposed in the original conditional zoning
amendment;
d. Any increase in the height of any building or structure; or
e. Any change in the proportion of floor space that is devoted to different authorized uses.
(Ord. No. OR23-525 , § 1, 2-13-2023)

2.5 Establishment of overlay districts.

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2.5.1 Generally.
A. These districts are superimposed on portions of one (1) or more underlying zoning districts that allow
application of additional standards to accomplish a special purpose, for promoting the aesthetics of the city
for the general public and the existing residents.
B. Relationship to Underlying Zoning District Standards and Other Provisions of Unified Land Development Code.
In any case where the standards and requirements of the overlay district conflict with those of the base-
zoning district or with other provisions of the unified land development code, the standards and
requirements of the overlay district shall govern.
C. Application. Overlay districts are supplemental to the underlying zoning district classifications established in
the city's unified land development code governing all properties and approvals within this overlay district.
The provisions of this section shall be overlaid upon and shall be imposed in addition to said underlying
zoning regulations and other city ordinances. The community development director or designee is authorized
to promulgate and enforce such rules, regulations, guidelines, and standards as may be reasonably necessary
or desirable to give effect to the provisions of this section.
D. Exceptions. The provisions of this section shall not apply to the following:
1. Completion of work subject to preliminary plats, site development plans, construction plans, building
permits, or interior finish permits approved prior to the effective date of adoption of the ordinance
from which this section is derived for those parcels not previously covered within the highway overlay
district.
2. Improvements and additions that are made to a single-family residence that was previously permitted
and built on a lot of record prior to enactment of the ordinance from which this section is derived for
those parcels not previously covered within the overlay district.
3. Construction of a single-family dwelling on an existing lot of record within a single-family residential
subdivision with a final plat that was approved prior to the enactment of the ordinance from which this
section is derived, for those that were parcels not previously covered within the overlay district,
provided that the new construction shall be of a similar floor area, materials, and design as the single-
family dwellings on adjacent lots in the same subdivision.
4. Construction, rehabilitation, restoration, repair of a nonresidential structure, interior renovations, or
interior finishes within an existing structure, or addition to an existing nonresidential structure that was
permitted prior to the enactment of the ordinance from which this section is derived for those parcels
that were not previously covered within the Parkway Mixed Use Overlay District shall not be subject to
the provisions of the Parkway Mixed Use Overlay District, provided that such construction is on a lot of
record and does not affect a change to more than twenty percent (20%) of the existing permitted
structure or five thousand (5,000) square feet, whichever is less.

2.5.2 PMU—Parkway Mixed Use Overlay District.
A. Purpose. The purpose of the Parkway Mixed Use Overlay District is:
1. To promote the general health, safety, and welfare of the community where residents and visitors can
live, work, eat, and play.
2. To promote economic development by diversifying the employment base for a stronger city.
3. To improve public health and provide safe and efficient movement within the overlay district by
promoting development patterns that encourage physical activity such as walking and bicycling.

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4. To encourage a balanced mix of retail, professional, residential, civic, entertainment, and cultural uses.
5. To improve the efficient operation of traffic around the city.
6. To provide accessible, sufficient parking in an unobtrusive manner.
7. To create an attractive gateway that is aesthetically appealing and environmentally responsible.
8. To encourage innovative development projects that set standards for landscaping, open space,
community design, and public amenities.
9. To establish consistent and harmonious design standards for public improvements and private
property development within the overlay district so as to unify the distinctive visual quality of the city.
B. Applicability.
1. These regulations of the Parkway Mixed Use Overlay District pertain to all properties which have
frontage on one (1) or more streets that are identified in the "Boundaries" paragraph.
2. The previous "Highway 138 Overlay District" has been eliminated as a separate district, but its
regulations are merged into this revised Parkway Mixed Use Overlay District.
3. The previous "High-Rise Mixed-Use Overlay District" has been eliminated as a separate district and the
two (2) mapped areas which comprised that district are no longer recognized. However, the
regulations of the High-Rise Mixed-Use Overlay District which applied specifically to high-rise buildings
(defined as having five (5) or more totally above-ground floors) and/or mixed-use buildings are now
merged into this revised Parkway Mixed Use Overlay District. Any high-rise buildings and/or mixed-uses
which are located in the Parkway Mixed Use Overlay District shall meet the associated additional
standards which previously comprised the High-Rise Mixed-Use Overlay District.
4. These regulations of the Parkway Mixed Use Overlay District shall take precedence over the regulations
of all other districts, including the base zoning districts and any other type of overlay district.
5. Boundaries. The boundaries for the overlay are designated on the overlay district map.
C. Permitted Uses. Any combination of uses permitted in C1, C2, OI, CCR, and MFR are permitted in the overlay
district.
D. Prohibited Uses.
1. Adult entertainment establishments.
2. Ambulance service.
3. Automobile broker (no vehicle storage).
4. Automobile wash/wax centers.
5. Automobile rental and leasing facilities.
6. Automotive service repair and maintenance facilities (minor or major).
7. Building and lumber supply establishments, providing that there is not outside storage of materials or
equipment.
8. Daycare centers.
9. Funeral home, mortuaries, and crematoriums.
10. Gasoline service stations.
11. Greenhouses and nurseries, including landscape service.

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12. Hookah bars/lounges and cigar bars/lounges.
13. Pawnshop, loan brokers, check cashing, and other than mortgage loan brokers.
14. Restaurants with drive through facilities and/or windows.
15. Retail warehouses/wholesalers providing sales of merchandise with no outdoor storage.
16. Rooming and boarding houses.
17. Self-service storage, mini-warehouses, or warehousing and storage.
18. Tattoo and piercing parlors.
19. Trade shops, including electrical plumbing, heating/cooling, and roofing siding, having no outside
storage.
20. Truck terminals, truck trailer storage lots, truck repair, and all industrial uses.
21. Vape stores.
22. Veterinary clinic.
E. Architectural Standards. The following design guidelines and standards apply to all newly-constructed
buildings used for commercial, industrial, or residential purposes.
1. The use of a common palette of building materials should be maintained in the department of
community development for building facades to create a consistent and traditional architectural
identity. Traditional architecture shall include, for example, the use of brick, pitched roofs, low-profile
signage, and subdued colors. For large commercial/retail buildings and multifamily buildings, variations
in facade, roofline, and depth should be provided to lend the appearance of multitenant occupancy. All
design and construction shall be subject to architectural review by the community development
director or its designated architect to ensure adherence with this subsection and the structures of
traditional architecture.
2. All ground or roof-mounted mechanical, HVAC, and like systems shall be screened from public street
view (within three hundred (300) feet) on all sides by an opaque wall or fence made of brick, stucco,
split face block, or landscaping.
3. For all commercial buildings, roof-mounted mechanical, HVAC, and like systems shall be screened from
public street view (within three hundred (300) feet) on all sides by a raised parapet or pitched roof
along the edge of the roofline.
4. Contrasting accent colors on any single facade shall be limited to no more than ten percent (10%) of
the total wall area for any single facade.
5. Permanent mounted exterior neon lights shall not be allowed.
6. Buildings that are located on outparcels and all accessory buildings shall be constructed of materials
complementing the principal building with which they are associated.
7. Back-lit awnings, roof-mounted lights, and/or roof mounted flag poles are not permitted. Satellite
dishes shall be located and painted to blend with the background as much as practical.
8. Building Materials. The "Allowed Building Materials Table" below and this subsection outlines allowed
building materials that may be used and combined to create a consistent, attractive, interesting and
long-lasting building design:
Allowed Building Materials Table

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Brick or Stone Glass Tilt/ Stucco Concrete CMU/Split- Cementitious Metal Tile
Pre- Blocks Face Block Fiberboard
Cast
Minimum fifty Yes No Maximum No Maximum No* No No
percent (50%) per fifty ten percent
facade percent (10%) per
(50%) per facade
facade
Note:
*Allowed for residential buildings. Buildings must have a minimum 4:12 roof pitch.

9. Allowed Building Materials.
a. Brick, except that brick veneers that are intended to simulate brick exteriors are not acceptable;
b. Stone. Natural stone such as, but not limited to, granite, limestone, acid marble are allowed
building materials. Terra cotta and/or cast stone, which simulate natural stone, are also
acceptable. Painted stone is not allowed;
c. Split-face block/concrete masonry unit (CMU) is restricted to ten percent (10%) of the surface
area of the facade;
d. Tilt/architectural pre-cast concrete is not allowed;
e. High-grade stucco is restricted to fifty percent (50%) of the surface area of a facade;
f. Natural wood and/or cementitious fiberboard siding are allowed only for residential buildings;
g. Glass;
h. Exposed concrete block, metal, and tile are not allowed as building materials on a facade.
F. Building Standards.
1. Height requirement: Maximum building height twenty (20) stories; minimum of two (2) stories; the
first finished floor level being level with sidewalk grade.
2. At least the first floor (sidewalk grade) of residential buildings in the overlay district are required to be
commercial space.
3. Maximum residential density shall not exceed forty-five (45) dwelling units per acre. Additional density
may be permitted per the bonus density requirements below.
a. The director may administratively grant a density bonus based on the amenities which are
provided in the development. An increase in density up to sixty (60) units per an acre may be
permitted if two (2) or more amenities are provided and an increase in density up to ninety (90)
units per an acre may be permitted if four (4) or more amenities are provided.
b. Amenities may include, but are not limited to, indoor or outdoor swimming pool facilities,
gym/workout space, community space, outdoor public space, parks and playgrounds, or
walking/hiking/biking trails or other approved by director of community development.
4. The impervious surface area shall not exceed eighty-five percent (85%) of the lot area.
G. Streetscape Design Standards. The streetscape along the major highways shall be divided into three (3)
distinct zones consisting of a building frontage zone, pedestrian travel zone, and fixtures/planting zone. The
widths of each zone shall be as provided below:

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1. Building frontage zones are encouraged to provide outdoor activities and gathering areas and may be
permitted at varying widths between five (5) and twenty (20) feet wide.
2. Pedestrian travel zones shall be a minimum of ten (10) feet wide, paved in concrete, and kept clear and
unobstructed for the safe and convenient use of pedestrians.
3. Fixtures/planting zones shall be a minimum of ten (10) feet wide and planted with grass, ground cover
or flowering plants. Within the fixtures/planting zone:
a. Sidewalk benches shall be placed in front of retail locations at a maximum distance of five
hundred (500) feet from one another.
b. Trash receptacles shall be placed at street intersections and at a maximum of five hundred (500)
feet apart from one another.
c. Bicycle racks should be located at a maximum distance of two hundred fifty (250) feet apart.
d. Pedestrian-scale lighting should be incorporated along all pedestrian paths and shall be placed a
maximum of every forty (40) feet on center.
H. Site Design Standards. All development in this district must meet the following minimum site design
standards.
1. Parking must be located to the rear or side of buildings, where feasible.
2. Parking lots shall be directly connected to a sidewalk leading to the main entrances of all buildings on
the site, and they shall include marked crosswalks across interior driveways and vehicular aisle.
3. The community development director may approve a reduction of up to twenty-five percent (25%) in
the number of parking spaces required for a specific use where inter-parcel access is provided, and a
shared parking analysis demonstrates that adequate parking will be provided. The process for
determining the minimum parking requirements for a mixed-use development or for contiguous
properties containing multiple uses is:
a. Determine the minimum number of parking spaces required for each use category from Section
4.8.5, Parking and Loading Space Standards.
b. Multiply each parking requirement by the corresponding percentage for each of the time periods
shown on the table below.
c. Total the number of parking spaces for each of the time periods (add together the numbers in
each column).
d. The largest column total is the minimum shared parking requirement for the development or
collectively for the contiguous properties.
e. In no case shall parking spaces that are farther than one thousand (1,000) feet from a building
entrance be allowed to satisfy off-street parking requirements for a use or be counted towards
shared parking requirements.
Shared Parking Space Requirements
WEEKDAYS WEEKENDS
USE Daytime Evening Daytime Evening
6:00 a.m.— 5:00 p.m.— 6:00 a.m.— 5:00 p.m.—
5:00 p.m. 1:00 a.m. 5:00 p.m. 1:00 a.m.
Residential 80% 100% 80% 100%
Office 100% 10% 20% 5%
Retail 95% 85% 100% 70%

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Hotel 60% 100% 60% 100%
Restaurant 75% 100% 60% 100%
Entertainment 50% 85% 70% 100%
Church 50% 50% 100% 60%

4. Access.
a. Adjoining properties shall be encouraged to share curb cuts to reduce interruptions to the
sidewalks.
b. Properties that are adjoining are required to have curb cuts to adjacent properties to create a
connection between the two (2) properties. This keeps traffic off the main road and increases the
likelihood that a customer will only have to look for a parking space once, if desired.
5. Landscaping/Buffering.
a. At least thirty percent (30%) of the paved surface area of each surface parking lot shall be shaded
by mature landscaping within five (5) years of construction to provide a cool environment.
b. The area between a parking lot and the public ROW shall have a boundary strip of at least five (5)
feet. Trees within the boundary shall be planted a maximum of forty (40) feet on center, and no
boundary shall have less than one (1) tree. A brick or stone wall thirty (30) inches tall, or shrubs
maintained at a minimum mature height of twenty-four (24) inches and a maximum height of
thirty (30) inches, shall be provided within the strip.
c. All areas along the corridor which are not developed with buildings or prepared surfaces for
parking, circulation, utilities or the like, shall be landscaped and maintained with ornamental
plantings. These plantings should be native or drought-tolerant plants to minimize the need for
irrigation. Green fields and wooded areas should be left as they are, until they are developed into
another use. Paved areas of the site shall be limited in size to the area that is required to
accommodate the intended use.
6. Exterior Lighting.
a. Decorative lighting must be provided at all entrances, pathways, parking areas, and recessed
areas.
b. All exterior lighting fixtures shall use full cutoff luminaires to reduce both energy usage and glare,
as well as prevent light pollution.
c. Lighting shall be pointed at the ground or the building directly to prevent glare onto neighboring
areas.
d. Light fixtures, light pole bases, and poles, shall be consistent with each other, with the
architecture of buildings (if any), and/or with the nearby street lighting.
7. Building Orientation.
a. The required building setbacks of the underlying zoning district may be reduced in order to
encourage new commercial buildings to develop closer to the street.
b. Buildings may be set back further to allow for an appropriate building frontage zone which may
include balconies or steps, public plazas, outdoor dining areas, or additional landscaping.
c. Corner lots should be oriented to the corner and be used to create focal points at the four (4)
corners of major street intersections.

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d. When buildings are located adjacent to existing commercial developments that are set further
back, a step-back design may be utilized to transition to the desirable setback pattern, reducing
excessive variation.
I. Building Service Elements.
1. Mechanical or utility equipment, including utility meters, shall be screened from public view.
a. The method of screening may be architecturally integrated with the structure in terms of
materials, color, shape, and size in such a manner that the equipment is not visible from street
level.
b. Vegetation and landscaping may be used to screen on-grade elements. Landscaping must be
maintained.
2. Refuse containers or dumpsters shall be located in the rear or side yard of a property and shall be
screened from view of the public right-of-way.
a. Enclosures shall reflect the architecture of the proposed development and shall include walls
constructed with appropriate and compatible materials.
b. The enclosure shall have a minimum height of eight (8) feet, or two (2) feet taller than the
highest point of the waste/grease container, compactor, or dumpster, whichever is greater.
c. Gates shall allow access to refuse containers while denying open views of the contents within.
d. The use of chain link fencing is not acceptable as concealment of mechanical units or
waste/grease containers.
e. New development shall bury utilities when possible to avoid a visually cluttered streetscape and
to promote a more aesthetically pleasing environment.
f. Rooftop mechanical units or other services and utilities that are located above grade shall be
screened from public view. The method of screening can be met by implementing one (1) or
more of the following strategies:
i. Enclosing the utility within a roof that is integrated into the building form;
ii. Locating the utility within an enclosed mechanical penthouse whose materials and
detailing complement the building architecture;
iii. Locating the utility far enough from the parapet so as to be effectively invisible from
adjacent public rights-of-way.
J. Entrances.
1. All first story uses shall have a primary pedestrian entrance, which faces, is visible from, and is directly
accessible from the sidewalk.
2. All first-story businesses with more than sixty (60) feet of frontage along sidewalks shall provide one (1)
pedestrian entrance for every sixty (60) linear feet of frontage or fraction thereof.
3. Some form of protection is required at all retail frontage along the corridor for relief from inclement
weather. This can take the form of awnings, canopies, or other accessory shade structures as may be
approved by the community development director.
4. Awnings should be architecturally consistent with the building and be made of durable opaque
materials such as cloth or canvas. The use of shiny, high-gloss, translucent materials such as vinyl or
plastic is prohibited.
5. The color of awnings shall be compatible with the building facade.

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6. The scale of the awning (height, length, depth and overall bulk) shall be compatible with the building
storefront.
7. Columns to support canopies are not permitted in the public right-of-way.
8. Awnings and canopies shall only include signage when such signage is located within an apron that is
less than twelve (12) inches in height. They are subject to all other applicable sign requirements of this
document.
K. Underground Utilities.
1. Utilities shall be located underground.
2. For all new construction and redevelopment, utilities along public streets must be placed underground.
This requirement does not apply to the temporary provision of electricity, including, but not limited to,
construction power.
3. Water and sewer utilities shall be located in either street rights-of-way or easements located at the
outer edge of street rights-of-way.

2.5.3 DTV—Downtown Village Overlay District.
A. Description of District. The Downtown Village Overlay District mainly consists of the Historic City of
Stockbridge, and it is delineated on the adopted zoning map.
B. Purpose. The purpose and intent of the Downtown Village Overlay District are:
1. To recognize and affirm the function of the existing traditional downtown as the central focus of
commercial, artisan, and civic activities within the community.
2. To allow the existing downtown to flourish, intensify, and expand wherever it may be appropriate, in a
manner that is consistent with its traditional character.
3. To provide a local retail, service, artisan and civic center for the community.
C. Applicability.
1. These regulations of the Downtown Village Overlay District shall take precedence over the regulations
of all other districts, including the base zoning districts and any other type of overlay district.
2. The boundaries for the overlay are designated on the overlay district map.
3. The requirements of this district are not intended to apply to existing single-family residences. The
requirements for such uses shall be those provided under the appropriate zoning classifications for
such uses, except where single-family or multiple family use(s) are/is located in a building containing
another nonresidential permitted use in this district.
D. Permitted Uses. The following are permitted uses in the Downtown Village Overlay District:
1. All permitted uses as provided within the Downtown (DT) District.
2. Residential units which are located on upper floors above and/or to the rear of commercial and/or
office uses.
E. Conditional UseSpecial uses. The following are conditional usespecial uses in the Downtown Village overlay
District:
1. All conditional usespecial uses as provided in the Downtown (DT) District.
2. Bed and breakfast establishments.

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3. Multi-family residential buildings.
4. Passenger depots and transit shelters.
5. Single-family residences.
F. Prohibited Uses. The following uses are prohibited in the Downtown Village Overlay District:
1. Adult entertainment establishments.
2. Boarding and rooming homes.
3. Catering establishments.
4. Child and adult day care centers.
5. Consignment and thrift stores.
6. Family day care homes.
7. Payday loan, title loans, money cash exchanges—ensure each has a definition.
8. Places of worship.
9. Public and private schools and related facilities.
10. Restaurants with drive through facilities and/or windows.
11. Tobacco and vape shops, cigar bars, hookah lounges.
12. Tattoo and piercing studios.
G. Temporary Uses. The following temporary uses are required to seek special event approval from the director
of community development within the Downtown Village Overlay District. The director may impose specific
calendar dates, times, or relevant conditions to the approval.
1. Carnivals, fairs, and other similar activities of a temporary nature.
2. Food trucks and similar temporary vendors.
3. Outdoor recreational and/or educational opportunities.
4. Sidewalk sales.
H. Design Standards. All structures, except single-family homes, duplexes, triplexes, and quadraplexes, in this
district must meet the minimum structural and architectural design standards that are listed below. These
standards apply to new building construction and renovations, remodels, or expansions of existing buildings.
1. Architectural Features and Details. Exterior facades, including eaves, columns, pilasters, cornices,
windows and window surrounds, canopies, fascia, and roofs shall be proportionate with the building
and compatible with surrounding traditional buildings. The scale of new construction, including the
arrangement of windows, doors, and other openings within the building facade, shall be compatible
with surrounding traditional buildings.
2. Permitted Materials. Exterior surfaces, exclusive of windows and doors, of all buildings shall be faced
on three (3) sides with one hundred percent (100%) brick, and the front side shall be faced with fifty
percent (50%) brick, stone or stucco. The remainder of the front side may include wood, stone,
decorative glass, decorative block, architectural concrete, or precast concrete units, provided that
surfaces are molded, serrated, or treated with a textured material in order to give the front side a
three-dimensional character. Vinyl, metal, or cement fiber board siding may be used in the eves, soffits
and gables of a building.

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3. Colors. The colors that are to be used for exterior surfaces, including roofs, shall be harmonious with
surrounding development and shall visually reflect the traditional concept of the Old Downtown.
Incompatible colors include metallics, neon, and/or primary colors.
4. Prohibited Materials. No buildings shall be constructed of sheet aluminum, asbestos, iron, steel,
corrugated metal, vinyl, plastic or fiberglass siding. Facia materials which rapidly deteriorate or become
unsightly such as galvanized metal or unfinished structural clay tile, are not permitted.
5. Outdoor Dining. Restaurant tables and chairs are permitted in the front setback but shall not be
positioned so that their use blocks or requires use of more than two (2) feet of the sidewalk. Within
two (2) hours of the posted closing time, such tables and chairs must be stored inside the primary or
accessory building.
6. Mechanical Equipment and Utilities. All mechanical equipment, such as furnaces, air conditioners,
elevators, transformers, and utility equipment, whether they are on roofs or mounted on the ground,
shall be completely screened from contiguous properties and adjacent streets to be compatible with
the architectural treatment of the principal structure.
7. Accessory Structures. All accessory structures, screen walls, and exposed areas of retaining walls shall
be of a similar type, quality, and appearance as the principal structure.
8. Loading and Service Areas. Loading and service areas must be completely screened, except at access
points, from the ground level view from contiguous property and adjacent streets.
9. Outdoor Storage. There shall be no outdoor storage of either materials or products.
10. Trash and Recycling. All trash handling, related equipment, and outside areas for holding trash or
materials for recycling, shall be completely enclosed and screened and shall be constructed out of
materials which are compatible with the architectural treatment of the principal structure.
11. Streetscape. An eight-foot-wide sidewalk shall be located within the front yard that includes a six-foot-
wide sodded landscape buffer between the street and the sidewalk. The landscaping of these buffer
areas shall consist of at least one (1) tree or more as needed to provide a continuous balanced
treescape with no greater than forty-foot spacing between trees. The exact species and location shall
be determined by the community development director to ensure that it does not overly obstruct the
view of the store front. Additional vegetation requirements may be required in accordance with
Section 4.6, Buffer Requirements, and/or Section 4.7, Landscape Requirements. In addition, one (1)
metal trash receptacle and/or one (1) metal bench should be added at strategic locations throughout
the district, as determined by the community development director.
12. Street Lights. Historic style street lamps, approved by the community development director, shall be
installed throughout the district.
13. Roads. Roadways shall be designed utilizing curb and gutter, in accordance with Chapter 16,
Infrastructure Improvements.
I. Setback and Height Standards.
1. Setbacks.
a. Front Yard Setback. Minimum of fourteen (14) feet from the curb and may be increased to
twenty (20) feet if additional space is landscaped as a garden or outdoor seating or dining area.
Entries may be recessed up to twenty-five (25) feet.
b. Side Yard Setback (each side). Zero (0) feet if attached to or abuts an adjacent building. A
minimum of ten (10) feet if the side of building is not attached to or does not abut an adjacent
building and a maximum of twenty (20) feet.

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c. Rear Yard Setback. Minimum of twenty-five (25) feet. If located within the historic downtown, a
minimum of fifty-five (55) feet with at least one (1) row of tree shaded parking.
2. Height Requirement. Maximum building height: Four (4) stories or fifty-five (55) feet with the first
finished floor level being level with sidewalk grade. A height variance may be applied for in accordance
with Section 10.1.4.
J. Required Parking Facilities.
1. On-street parking, either angled or parallel, may be provided along all public streets, unless otherwise
determined by the mayor and city council.
2. Off-street parking shall be required for any permitted use within this district in accordance with the
parking requirements for such use. In the case of a mixed-use building, the minimum amount of
parking required shall be that of the use that provides the greatest number of spaces. The community
development director may reduce the parking requirement by twenty-five percent (25%).
3. Off-street parking facilities shall provide an eight-foot-wide buffer between the facility and streets,
islands eight (8) feet in width separating isles of parking, and separations four (4) feet in width every
twelve (12) spaces. Said buffers, islands, and separations shall be landscaped with sod, three-gallon
drought resistant shrubs (four (4) per parking space) and two and one-half (2½) caliper canopy trees
which are approved by the community development director planted of a forty-foot spacing.
4. Off-street parking facilities shall be illuminated with downcast lighting using energy-efficient bulbs.
K. Underground Utilities.
1. Utilities shall be located underground.
2. For all new construction and redevelopment, utilities along public streets must be placed underground.
This requirement does not apply to the temporary provision of electricity, including, but not limited to,
construction power.
3. Water and sewer utilities shall be located in either street rights-of-way or easements located at the
outer edge of street rights-of-way.

Chapter 3 USE REGULATIONS

3.1 Use table, zoning districts and use comparison.
KEY: P - Permitted Use "See Section" - Additional
Regulations Apply
A - Permitted as an Accessory Use SC - Conditional UseSpecial use
Use See
RR SR CCR MFR MHR OI DT C1 C2 C3 LI Section
HI
AGRICULTURAL
Agriculture, Forestry and Animal-Related Uses
Commercial CS P P P P 3.2.9
greenhouses and plant
nurseries

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Keeping or raising of CS 3.2.21
livestock
Livestock processing CS CS P 3.2.22
and feedlots
Riding academies or P 3.2.4
stables
Roadside produce CS 3.2.31
stands
RESIDENTIAL
Accessory dwelling A A A 3.2.2
unit (guesthouse, in-
law suite, apartment
over garage)
Duplex, triplex, P P CS
quadraplex
Home occupation A A A A A A 3.2.18
Live-work unit P
Manufactured home P
Mobile home P 3.2.26
Multi-family P
apartments and
condos
Single-family P P P
residences
Townhouse P P
Upper story residential P
LODGING
Bed and breakfast (not CS 3.26
in subdivision)
Hotel/motel P P P
Short-term vacation A A Title 9
rental
SPECIALIZED HOUSING FACILITIES
Boarding/rooming CS CS CS P P P 3.2.7
house
Personal care homes, P CS CS CS 3.2.28
group homes, and
boarding home having
2 or less persons

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Personal care homes, CS CS CS 3.2.29
group homes, and
boarding home having
2 or more persons
Nursing homes, CS CS 3.2.17
assisted living, and
hospice care facilities
Senior adult housing P P P P 3.2.37
INSTITUTIONAL/PUBLIC
Cemeteries P P CS 3.2.7
Funeral homes, CS CS 3.2.15
mortuaries, and
crematoriums
Emergency response P P P P P P P P P P P P 3.2.12
and public safety
facilities
Golf courses and C P P 3.2.16
driving ranges
Municipal, county, P P P P P P P
State, or Federal
buildings
Library or museum SP P
Parks and playgrounds P P P P P P P
MASS ASSEMBLY CENTERS & GROUNDS
Amphitheaters CS CS CS CS 3.2.24
Athletic fields SP SP P P P P SP P P P PS SP 3.2.24
Armories CS CS CS CS 3.2.24
Convention centers CS CS CS CS CS 3.2.24
Civic centers CS CS CS CS CS 3.2.24
Fairgrounds CS CS CS CS 3.2.24
Lodges and event C P SP P CS CS 3.2.23
facilities
Outdoor amusements CS CS CS CS CS 3.2.24
(miniature golf,
carnivals or midway
rides, pony rides,
climbing walls, tracks
for go-carts and
similar vehicles, and
other tourist-oriented

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rides and
amusements)
Places of worship CS CS P S CP CP CP S S 3.2.24
Rodeos CS CS CS CS 3.2.24
EDUCATION
Colleges, universities, P P P P P P P
research and training
facilities
Public kindergarten, P P P P P P P P P 3.2.35
elementary, middle
and high schools
Private kindergarten, C P P P P 3.2.35
elementary, middle
and high schools
Vocational schools P P P P SP SP 3.2.24
AUTO RELATED USES
Automobile brokerage P P
(no vehicle storage)
Automobile service, P P P Title 9
major repair
Automobile service, P P Title 9
minor repair
Automobile sales and CS Title 9
truck sales
Automobile rental and P P
leasing facilities
Automobile wash and P P
wax centers
Gasoline service CS P 3.2.14
centers
Recreational P
vehicle/boat sales and
service
Tire shops P Title 9
OFFICE
Building and P P P P
construction office,
landscape contractors
(material, equipment,
storage)

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Temporary trailer, as P P P
home sales office or
construction trailer
General business P P P P P
office, including
accounting, finance,
banking, insurance,
legal, medical, real
estate, engineering,
architecture,
construction (without
storage), etc.
RECREATION AND ENTERTAINMENT
Clubs and/or lounges C P P P SP SP 3.2.24
Indoor recreation P P P PS SP 3.2.24
(bowling alleys, movie
theatres and other
activities conducted
wholly indoors)
Private P P P SP SP 3.2.24
commercial/vocational
schools (including
martial arts or dance
studios, and technical
or vocational training)
Theaters with live P P P PS SP 3.2.24
performance,
assembly or concert
halls, or similar
entertainment within
enclosed building
RETAIL
Apparel or accessories A P P P P
store
Art gallery P P P P P
Antique shops, P P P P
provided that there is
no outdoor display or
storage
Book, greeting card, or P P P P P
stationery store

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Farmer's market P CS CS P P P
Florist and gift shops P P P P P
Grocery stores P P P P
Hardware store or P P P
other building
materials store
Jewelry store P P P P
Liquor or package P P P Title 9
store
Music or music P P P P
equipment store
(retail)
Office supplies and P P P P
equipment store
Pawn shops and P P Title 9
second-hand stores,
including apparel,
music, movies,
gaming, and books
Pet supply store (no P P P P
boarding)
Pharmacy or drug P P P P P
store
Radio, television, or P P P P
consumer electronics
store
Small box discount P P 3.2.36
stores
Tattoo shops P P Title 9
Used appliance shops P P Title 9
Vape shops, hookah P P Title 9
sales
RESTAURANT AND FOOD ESTABLISHMENTS
Accessory cafe or P P P P P P P
eatery within a
building
Brewpub, beer P P P P
growler, brewery
Bakery, confectionary, P P P P
and cafe uses

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Catering P P P
establishments
Cigar bars, hookah P P
lounges
Food trucks P
Restaurants (non- P P P P P
drive-thru)
Restaurants with a P P P
drive-thru
configuration
Specialty food stores P P P P P
(e.g., coffee, ice
cream)
TRANSPORTATION
Ambulance, taxi or P P
limousine service,
dispatch, and storage
Bus or rail stations or P
terminals for
passengers
Airstrips, airports and P P 3.2.5
helicopters [heliports]
Parking, commercial P P
lot
Parking, commercial A A A A A P P
garage
SERVICES
Adult and child day CS CS CS CS P P P P P 3.2.3
care
Animal care facilities CS P P P 3.2.4
(kennels, animal
hospitals, veterinary
clinics, and stables)
Banks, credit unions or P P P P
other similar financial
institutions
Barber shop/beauty P P P P Title 9
salon or similar
establishments

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Coin laundry, dry A P P P
cleaning, and pickup
stations
Day spa P P P P
Nail shops P P P P Title 9
Fitness center A P P P P
Personal services P P P P
establishment
Photographic studios P P P P
Plumbing, HV/AC P P
equipment
establishments
Publishing or printing P P P P
establishments
HEALTH AND MEDICAL SERVICES
Dental offices and P P P P P
clinics
Health services clinic, P P P P
urgent care
Home healthcare P P P P
service, office use only
Hospital or medical P P P P 3.2.19
facility
Kidney dialysis center P P P P
Medical or dental P P P
laboratories
Physical therapy P P P P
INDUSTRIAL
Airports, heliports, P 3.2.5
and landing areas
Agricultural P P
implementation and
equipment
establishments
Armory and P P
equipment sales
Alternative energy CS
production (other than
solar energy systems)

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Agriculture crop P
processing and
storage (of materials
produced off-site)
Automobile/truck CS P
manufacturing
Asphalt and concrete CS
batching plants
Asphalt manufacturing P
Building materials and P P
lumber supply
establishments
Business distribution P P
centers
Business parks P P P
Building materials and P
lumber supply
establishments
Blast furnace, steel P
furnace, blooming, or
rolling mill
Brick, tile, and terra- P
cotta manufacturing
Clinics, cafeterias, P P P P P P
employee credit
unions and
recreational facilities
for employees only
Commercial parking P P
garages and lots
Computer and data P P P
processing services
Centers for P P 3.2.8
manufacturing,
production, processing
or assembly
Central mixing plants CS
for cement, mortar,
plaster or housing
materials

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Cement, lime, gypsum, P
or plaster
manufacturing
Chemical storage or P
manufacturing
Heating and electric P
power generating
plants and all
necessary uses
Fabrication shops P P
Greenhouses and CS P P
nurseries, including
landscaping services
Industrialized and P P P P P 3.2.20
modular buildings
Lumber yard for P
wholesaling of
building products
Machine and machine P P
tool manufacture
Mines and quarries P 3.2.25
Development of CS
natural resources,
including the removal
of minerals (such as
rock quarries) and
natural materials,
together with
necessary buildings
and machinery
Outdoor storage P P P 3.2.27
Petroleum or P
inflammable liquids,
production, refining,
or storage
Poultry killing, P
plucking, and
processing
Railroad spurs and P
yards

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Railway lines, P
passenger depots,
intermodal facilities,
and rail yards
Recycling centers for P
collection or
processing
Research, P P
experimental, or
testing laboratories
Rock, sand or gravel P
distribution or storage
Sawmills P
Sheet metal products P
Smelting of copper, P
iron, zinc, or ore
Tinsmith/roofing P
operations
Tractor trailer storage CS
and trailer drop lots
Truck terminals CS
Truck, trailer, tractor CS
sales and service
Trade shops, including P P
electrical, plumbing,
heating/cooling, and
roofing
Trade/industrial/ P P
vocational schools
Truck parking lots, as P P
distinguished from
truck terminals and
similar uses
Sanitary landfill CS
Salvage yards or P 3.2.32
junkyards and wrecker
services (with storage
area)
Self-service storage P P P 3.2.35
facilities

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Towing, wrecking, and P
impound service
Truck stops CS 3.2.40
Warehousing or P P
storage
Wholesale business, P P
warehouse,
distribution, and
similar nonprocessing
storage and
distribution uses
COMMUNICATIONS/UTILITIES
Radio/television CS CS CS
transmission towers
over 35 feet high
Radio tower under 35 P P P
feet high
Transit park-and-ride P P P
lots
Wireless P P P P
telecommunications
Utility substation P P P P
Water tower P P P P
SOLAR ENERGY SYSTEMS
Integrated SES A A A A A A A A A A A A 3.2.37
Rooftop SES CS CS CS CS CS CS CS CS CS CS CS CS 3.2.37
Ground-mounted SES, CS CS CS P P 3.2.37
small scale
Ground-mounted SES, CS P P 3.2.37
intermediate scale
Ground-mounted SES, CS CS 3.2.37
large scale
ACCESSORY USES
Accessory structures A A A A A A A A A A A A 3.2.1
Fences and walls A A A A A A A A A A A A 3.2.13
Electric vehicle A A A A A A A A A A A A 3.2.11
charging stations
Electrical substations P P P P P P P P P P P P 3.2.10
Gate and security A A
buildings

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Satellite dish antennas P P P P P P P P P P P P
Swimming pools and A A A A A A A A A A A A 3.2.38
pool enclosures
Temporary structures P P P P P P P P P P P P 3.2.39
and uses

(Ord. No. OR23-525 , § 1, 2-13-2023)

3.2 Supplemental use regulations.

3.2.1 Accessory structures.
The intent of this section is to regulate the installation, configuration, and use of accessory structures.
Regulation is necessary in order to ensure that accessory structures are compatible with the surrounding
neighborhood and are consistent with the character and intent of the zoning district in which the accessory
structures are located. For the purposes of this section fences and walls are not considered accessory structures.
A. Accessory structures shall be located on the same lot as, and subordinate to, the principal use or
structure.
B. Standards for specific accessory structures are set forth below. All accessory structures shall comply
with the standards that are set forth below:
1. Accessory structures shall be located within the side or rear yard, unless otherwise provided
below, except those buildings in RR zoning districts, where the lots are a minimum of three (3)
acres and are not part of a platted subdivision, may be located in the front yard.
2. Accessory structures shall not be erected on a lot prior to construction of the principal structure,
except for agricultural purpose storage buildings in RR zoning districts, where lots are a minimum
of three (3) acres and are not part of a platted subdivision.
3. Accessory structures shall be included in all calculations for impervious surface ratio or lot
coverage standards, and for stormwater management standards.
4. Accessory structures shall not be located within any required buffer or landscaping area, parking
lot, protected resource area, or stormwater management areas.
5. Accessory structures which are located in any residential zoning district shall not be used for any
type of commercial operation.
6. Accessory structures shall not be used as a dwelling unit, except as provided in the standards for
accessory dwellings.
7. Accessory structures shall comply with the standards listed in the table below.
Standards for Accessory Structures
Development Feature Standard
Setbacks:
• From side and rear property lines 10 feet
• From corner lots Front setback for district applies to
both frontages

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• From recorded easements for drainage, sanitary sewer and other Prohibited within easements
utilities
Maximum height:
• Agricultural support structures, barns, and silos None
• Within platted subdivisions in SR districts 25 feet
• Airplane hangars 35 feet
• All other RA developments 35 feet
• All other districts 25 feet
Separation from principal building: 10 feet
• Maximum floor area
• On parcels, greater than one acre and located in the RR zoning No limitation
district outside of a subdivision
• In RR subdivisions 50% of heated space
• All other zoning districts 50% of the heated floor space of
the primary dwelling

3.2.2 Accessory dwellings (guest houses, in-law suites, caretaker houses).
A. Accessory dwellings include basement apartments, garage apartments, caretaker or other employee
quarters, guest houses, and other accessory dwellings.
B. Accessory dwellings shall not be used as rental property. They may only be occupied by family members,
guests, or employees of the property owner.
C. Accessory dwellings are permitted within a principal dwelling or as a freestanding dwelling in an RR, SR, and
CCR zoning district.
D. Accessory dwellings contained within a principal dwelling in the RR, SR, and CCR zoning districts shall comply
with the following standards:
1. No more than one (1) accessory dwelling shall be established in a principal dwelling.
2. One (1) additional parking space shall be provided to serve an accessory dwelling.
3. Accessory dwellings shall comply with all building and health code standards.
E. Freestanding accessory dwellings in the RR and SR zoning districts shall comply with the following standards:
1. No more than one (1) freestanding accessory dwelling shall be established on a residential lot.
2. An accessory dwelling may be located on the second floor over a detached garage or it may be a
separate structure.
3. Accessory dwellings shall be located within the side or rear yard, except that in the RR zoning district,
where the lots are a minimum of three (3) acres and are not part of a platted subdivision an accessory
dwelling may be located in the front yard.
4. Accessory structures shall comply with minimum setbacks set forth in this section.
5. The residential lot shall comply with the minimum lot area standards for the district, except that in no
case shall an accessory dwelling be located on a lot served by county sewer having less than eighteen
thousand (18,000) square feet of lot area; lots utilizing an on-site sewage management system must be
a minimum of thirty thousand (30,000) square feet.
6. One (1) additional parking space shall be provided to serve the accessory dwelling.

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3.2.3 Adult and child day care facilities.
The requirements of this section apply to child and adult day care facilities, nursery schools, and preschools.
A. Family day care homes or group day care homes are not allowed in residential districts, nor are they
allowed on any property which is used for residential purposes. The regulations which are listed below
apply to commercially operated adult and child day care facilities only.
B. Each adult and child day care center shall be subject to the following requirements when it is located
within a commercial building or commercial zoning district:
1. All regulated facilities shall comply with the State regulation and shall acquire applicable State
licenses for operation.
2. All facilities shall be located on properties having a minimum of one (1) acre and shall be located
on a thoroughfare having a classification of a collector road or higher.
3. All day care facilities must be located in freestanding buildings. They may not be located within a
tenant space of a retail center, office building, or other type of building.
4. Each child day care facility shall provide not less than thirty-five (35) square feet of indoor play
area for each child, based on the maximum permissible enrollment.
5. Each child day care facility shall provide not less than two hundred (200) square feet of outdoor
play area for each child, based on the maximum permissible enrollment.
6. All required outdoor play/recreation areas shall be enclosed by a solid decorative fence which is
not less than four (4) feet in height.
7. No day care home shall be located within one thousand five hundred (1,500) feet of another day
care facility.
8. All facilities must obtain a business license with the city and provide a copy of all State licenses
and documentation.

3.2.4 Animal care facilities (kennels, animal hospitals, veterinary clinics, and stables).
A. Animal care facilities, with the exception of stables and facilities for livestock, are permitted in the RR zoning
district with an approved conditional usespecial use permit and are subject to the site design standards for
the district. Stables and facilities for livestock are permitted in the RR zoning district and are subject to the
site design standards in this section.
B. Animal care facilities, with the exception of noncommercial kennels in C2, C3, and LI zoning districts are
subject to the site design standards for the district and specific site design standards in this section.
C. Design standards for an animal hospital or veterinary clinic in a freestanding building are listed in the table
below.
Standards for Freestanding Animal Hospital or Veterinary Clinic
Development Feature Standard
Animals allowed Domestic pets, farm animals, and livestock
Wild animals are prohibited
Minimum setback from any 50 feet
residential zoning district for
buildings

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Minimum setback from any 75 feet
residential zoning district for
outdoor runs
Building design Consistent with the design, materials, and color of buildings in the
surrounding area
Outdoor runs Drains connected to an approved sanitary facility; odor control required;
pest control required
Buffer requirements 20 feet wide, plus a fence or wall adjacent to any residentially zoned
property
Boarding Soundproofing required

D. Design standards for an animal hospital or veterinary clinic in a shopping center are listed in the table below.
Standards for Animal Hospital or Veterinary Clinic in a Shopping Center
Development Feature Standard
Animals allowed Domestic pets only; farm animals, livestock, and wild animals are
prohibited
Minimum building setback from 50 feet
any residential zoning district
Building design Soundproofing required; odor-proofing required; pest control required
Outdoor runs Prohibited
Boarding Prohibited

E. Design standards for commercial kennels are listed in the table below.
Standards for Commercial Kennels
Development Feature Standard
Animals allowed Domestic pets only; farm animals, livestock, and wild animals are
prohibited
Minimum land area Two acres in the RR zoning district; 32,670 square feet on septic tank or
10,000 square feet on public sewer in the C-2 and C-3 zoning districts;
one acre on septic tank and 30,000 square feet on public sewer in LI; and
one acre in the HI zoning district
Minimum setback from any 50 feet
residential zoning district for any
buildings or structures
Minimum setback from any 75 feet
residential zoning district for
outdoor runs
Outdoor runs Fencing required in addition to any fencing on the perimeter of the site;
drains connected to an approved sanitary facility; odor-proofing required;
pest control required; hours of operation limited to 7:00 a.m. until 7:00
p.m.
Buffer requirements 20 feet wide, plus a fence or wall adjacent to any residentially zoned
property
Boarding Soundproofing required

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F. Design standards for noncommercial kennels are listed in the table below.
Standards for Noncommercial Kennels
Development Feature Standard
Animals allowed Up to ten adult domestic pets, only; farm animals, livestock, and wild
animals are prohibited
Minimum setback from any 50 feet
residential zoning district for any
buildings or structures
Minimum setback from any 50 feet
residential zoning district for
outdoor runs
Outdoor runs Fencing required in addition to any fencing on the perimeter of the site;
drains connected to an approved sanitary facility

G. Design standards for stables, including riding academies, barns, and other facilities for farm animals and
livestock are listed in the table below.
Standards for Stables and Facilities for Livestock
Development Feature Standard
Animals allowed Farm animals and livestock
Limitations on zoning districts Allowed only in RR zoning district
Minimum land area Three acres
Minimum setback from any 50 feet
adjacent residential zoning district
for any buildings or structures
Minimum setback from any 100 feet
residential zoning district for
outdoor tracks and exercise yards
Outdoor tracks and exercise yards Odor control required; pest control required
Fences The parcel (three or more acres) shall be fenced. The outdoor track and
each exercise yard shall be separately fenced.

3.2.5 Airstrips, airports and helicopters [heliports].
A. Airstrips, airports and helicopters [heliports], other than private airstrips and helicopters [heliports] within a
residential fly-in neighborhood), are permitted in the M-1 and M-2 zoning districts. Those properties zoned
RA (Residential Agricultural) outside of a subdivision, shall be required to obtain a conditional usespecial use
permit and meet the following minimum standards:
1. Minimum acreage shall be fifteen (15) acres.
2. An undisturbed vegetative buffer shall be provided along all property lines that abut property with a
residential zoning classification, except where prohibited to provide access or utility easements. The
purpose of the buffer shall be to screen sight or sound of activities from adjacent and nearby
residential neighborhoods. The buffer shall be a minimum of one hundred (100) feet in width. Should
the property lack existing vegetation, a detailed landscaped plan shall be submitted and approved by
the development plan review department, prior to the submittal of a conditional usespecial use

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application, and shall conform to the plant material requirements and specifications set forth in this
title. Existing vegetation within the buffer area should be preserved and enhanced where insufficient
to provide adequate screening, but not in excess of that which is required.
3. The landing strip/runway shall not be paved. The use of permeable or pervious pavement materials
shall be allowed.
4. The private airstrips, airports and helicopters [heliports] shall adhere to all applicable laws and
regulations of the Georgia Department of Transportation (GDOT) and Federal Aviation Administration
(FAA).
5. No commercial activities shall be allowed or permitted with any approved conditional usespecial use.
The following uses are prohibited: Flight instruction, aircraft storage (other than hangars for use by the
property owner), aircraft maintenance (other than by the property owner), aircraft fueling (other than
for use by the property owner), and other similar commercial airport activities.
6. Only one (1) airstrip per conditional usespecial use permit shall be allowed.
7. A maximum of two (2) airplane hangars may be allowed even in the absence of a primary structure to
any approved conditional usespecial use. Any hangars in excess of two (2) shall be required to obtain
separate approval from the mayor and city council, by the filing of a separate application.
8. All hangars constructed shall be required to obtain a permit and approval from the director and shall
comply with any and all development and building regulations and standards.

3.2.6 Bed and breakfast facility (not in a subdivision).
A. The regulations below are intended to allow for a more efficient use of large (over three thousand five
hundred (3,500) square feet), older homes in residential areas if the neighborhood character is reserved to
maintain both the residential neighborhood experience and the bed and breakfast experience. These
regulations enable owners to maintain large residential structures in a manner that keeps them primarily in
residential uses and provides an alternative form of lodging for visitors who prefer a residential setting. An
approved conditional usespecial use permit is required for all bed and breakfast facilities within the RR
zoning district.
B. The dwelling must be a minimum of ten (10) years old before a bed and breakfast facility is allowed. The
individual or family operating the facility must occupy the house as their primary residence.
C. Bed and breakfast facilities may have nonresident employees for such activities as booking rooms and food
preparation. Hired services for normal maintenance, repair, and care of the residence such as yard
maintenance are also permitted.
D. The following functions are permitted: Luncheons, banquets, parties, weddings, meetings, charitable
fundraising, commercial or advertising activities, or other gatherings for direct or indirect compensation.
E. The site design standards that are set forth in the table below are required for bed and breakfast facilities
(not in a subdivision).
Standards for Bed and Breakfast Facilities
Development Feature Standard
Maximum number of bedrooms Six
Maximum floor area which the bed 50 percent
and breakfast use may occupy
within the primary structure, in
relation to the homeowner's area

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Outdoor lighting Exterior lighting shall be downcast of moderate brightness and shall not
cause glare on any abutting property
Drop-off and pick-up areas Designed and located away from residential areas, and separated from
parking areas by a landscaped strip

3.2.7 Cemeteries.
A. A cemetery may include one (1) or more of the following: a burial park for earth interments, a mausoleum
for vault or crypt interments, and a columbarium.
B. A cemetery may include a chapel or place of worship when it is operated in conjunction with, and within the
boundaries of, such cemetery.
C. Site design requirements are listed in the table below.
Standards for Cemeteries
Development Feature Standard
Minimum land area:
• Registered cemeteries (per Ten acres
State law)
• With a structure requiring a Two acres
building permit
• Without a structure requiring One acre
a building permit
Minimum setbacks for structures, storage, materials, equipment, or interment lots:
• Front yard 40 feet
• Side yard 20 feet
• Rear yard 20 feet
• Adjacent to a residentially 50 feet
zoned property
• Minimum road frontage 100 feet
Minimum buffer requirements:1
• Front property line None
• Side and rear property lines Pending
• Adjacent to State bodies of 75 feet2
water
• Access for existing cemeteries Must be provided and maintained
• Access for new cemeteries Easements are required

1 The buffer shall be designed to achieve a minimum height of six (6) feet within three (3) years after installation.

D. Location Requirements.
1. A cemetery shall not be located in a wetland, one-hundred-year floodplain, floodway, or flood hazard
area.
2. All new cemeteries shall be located a minimum of one hundred fifty (150) feet from a drinking water
well.

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3. The cemetery shall be located below the elevation of known drinking water wells.
E. Off-Street Vehicle Queuing. Adequate off-street vehicle queuing space shall be provided for funeral
processions so that no vehicle stands in a dedicated right-of-way.
F. Access. Access to new cemeteries shall be provided from a city- or county-maintained roadway or State
highway. The entrance and exits to the cemetery shall be from the frontage street only.
G. Mausoleums and Columbaria. Mausoleums and columbaria may be located within the boundaries of
approved cemeteries, only. Mausoleums and columbaria shall have brick or stone facades.
H. Review and Approval Procedures.
1. A cemetery shall meet the requirements of this section. Upon approval, a final plat of the cemetery
shall be recorded.
2. A drainage plan must be submitted and approved by the director before cemetery approval may be
granted.
3. The owner of a cemetery shall notify the Henry County Health Department of the intent to build a
cemetery and shall submit a letter from the county health department identifying the location of the
cemetery in relation to any known drinking water wells as part of the application process.

3.2.8 Centers for manufacturing, production, processing or assembly.
A. Purpose. Certain manufacturing, production, processing or assembly uses are permitted in the LI and HI
zoning districts, subject to the site design requirements of the zoning district. However, within this broad
group of uses certain uses are permitted within LI or HI only where supplemental site design standards are
met. This section sets forth those specific site design standards that are required in addition to the site
design standards of the zoning district in which the use is proposed.
B. Supplemental Standards. Supplemental standards for asphalt and concrete batch plants, central mixing
plants for cement, mortar and plaster and food processing plants are provided in the table below.
Standards for Asphalt and Concrete Batch Plants,
Central Mixing Plants and Food Processing
Development Feature Standard
Minimum land area Two acres
Minimum building or structure 100 feet
setback from residentially zoned
properties
Buffers 40 feet wide
Vibration or electromagnetic Shall not be detected on adjacent properties
interference
Loading docks Screened from view of adjacent properties and the public right-of-way
Outside storage Screened from view from adjacent properties and the public right-of-way.
Setback a minimum of 200 feet from any residentially zoned property.
Refuse and solid waste containers Enclosed, except for an access gate, and screened from view from
adjacent properties and the public right-of-way

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3.2.9 Commercial greenhouses and plant nurseries.
A. Greenhouses and plant nurseries are permitted in the C2, C3, LI, and HI zoning districts subject to the site
design standards of the district and the supplemental standards set forth in this section.
B. Greenhouses and plant nurseries in the RR zoning district require a conditional usespecial use permit and
shall only sell plants grown on-site.
C. Site design standard for greenhouses and plant nurseries are provided in the table below.
Standards for Greenhouses and Plant Nurseries
Development Feature Standard
Minimum land area 1.25 acres
Outdoor storage and loading areas Setback from residential properties a
minimum of 75 feet.
Fully screened, by opaque fence or solid wall, from any view from
adjacent properties and the public right-of-way.
Storage of loose materials, such as Fully enclosed by a solid fence or solid wall. Stockpiles of loose materials
topsoil, compost, mulch, gravel, shall be limited in height to the height of the fence or wall.
and similar materials
Buffer 25 feet wide

3.2.10 Electrical substations.
A. Electrical substations are permitted in any zoning district, subject to the dimensional standards for the
district and the supplemental standards set forth in this section.
B. An electrical substation shall be fully enclosed, on all sides with a solid fence except for a gate, or with a
landscaped buffer that meets the standards listed in the table below.
Standards for Electrical Substations
Development Feature Standard
Buffer requirement Standard
• Width 25 feet
• Number of trees One tree for each 25 linear feet of buffer
• Number of shrubs One large screening shrub for each eight linear feet, plus continuous
hedge consisting of double staggered rows of shrubs
• Plant materials Selected from list in Landscape plant materials standards [pending]

3.2.11 Electric vehicle charging stations.
A. Definitions:
"Charging" occurs when the connector from the EVSE (or standard outlet) is inserted into the EV inlet, and
electrical power is being transferred for the purpose of recharging the battery on board the EV.
"Charging levels" means the standardized indicators of electrical force, or voltage, at which an EV's battery is
recharged. EVSE is classified into categories by the rate at which batteries are charged: AC Level 1; AC Level 2; and
DC Fast Charging.

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"Electric vehicle (EV)" means a class of automobiles that use electric motors powered by energy drawn for
the grid or off-grid electric sources into a battery system for propulsion.
"Electric vehicle charging port" means the EVSE component which connects to vehicle charging inlets. One
(1) EVSE unit may contain multiple charging ports, which are also referred to as "plug connectors" or "heads." Level
1 ports include connectors supplied by Level 1 EVSE as well as any standard 120V outlets able to supply fifteen (15)
or more amps of current to be used with the Level 1 EVSE supplied by vehicle manufacturers.
"Electric vehicle charging station (EVSE)" means the public or private parking space(s) served by EVSE,
including all signs, information, pavement surfaces, surface markings, fee collection systems, and protective
equipment, in which a vehicle is recharged.
B. All EVSE charging stations are permitted as accessory uses and structures in all zoning districts. A permit
required to install EV charging stations except for at private single-family homes for the homeowner's
personal use.
C. The property owner is not restricted from collecting a service fee for the use of an electric vehicle charging
station made available to residents, employees and visitors to the property. Collection of charging station
fees shall not affect the zoning land use classification of properties where EV charging stations are installed
as accessory uses.

3.2.12 Emergency response and public safety facilities.
A. Emergency response facilities, such as fire stations, ambulance services and police stations are permitted in
any zoning district, subject to the dimensional standards for the district and the supplemental standards set
forth in this section.
B. Site design standards for emergency response facilities are provided in the table below.
Standards for Emergency Response Facilities
Development Feature Standard
Minimum setback from residential 100 feet
zoning districts
Access requirements Paved road
Buffers 20 feet wide

3.2.13 Fences and walls (excluding retaining walls).
A. Applicability. This section shall apply to all properties within the City of Stockbridge.
B. General Standards.
1. Residential properties shall also comply with the specifications of the approved plat for the subdivision
and the Parkway Mixed Use Overlay District regulations. If there is a conflict, the stricter regulations
shall apply.
2. For commercial and industrial properties, they must comply with the district requirements and the
specifications of the approved plans.
3. No privately-owned fence shall be installed within any public street right-of-way or within any city-
owned area.
4. No fence shall block access to utility easements between lots, as is stated on some approved plats or
plans.

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5. No fence shall be installed so that, in the opinion of the community development director, it obstructs
the sight vision at any street intersection, or if it in any way creates a hazard to traffic.
6. No fence shall be installed so that, in the opinion of the fire chief, it prevents or unduly restricts access
to property for emergency purposes.
7. If a fence is designed so that its structural supports are primarily on one (1) side, that side must always
be toward the interior of the property.
8. If a fence is required by any governmental authority to provide for the safety and security of the
residents of the city, that fence shall not be removed or otherwise left in an unsafe condition for any
reason without the approval of the city manager, and without proper precautions being taken to
provide for continuous protection.
9. It shall be the responsibility of the owner of the property on which a fence is located to maintain that
fence in good and proper repair so that at all times it presents a neat and orderly appearance to
surrounding property owners and to the general public.
10. Any fence that is damaged by accident or an act of God shall be properly repaired within ninety (90)
days of occurrence. Fencing required for public safety purposes shall be repaired immediately.
C. Construction Standards.
1. All fences shall be constructed of pressurized wood (including cedar, cypress, or pine), brick, wrought
iron, or chain-link.
a. In the event the fence is constructed of chain-link, all exposed metal parts must be vinyl-coated
or painted a standard dark brown, dark green or black color to blend into the natural
surroundings.
b. Chain-link fences in residential must not be visible from the right-of-way.
2. Fences must be constructed at least one (1) foot from all side and rear setbacks and at least two (2)
feet from any right-of-way.
3. No fence or portion of a fence shall exceed six (6) feet in height in a residential district; however, if a
property owner wishes to install a tennis court, pool, or some other similar special-purpose facility, a
fence not to exceed twelve (12) feet in height may be erected.
4. No fence that is installed in a residential front yard shall be constructed to a height in excess of four (4)
feet, or in a fashion that restricts the view through such fence by more than fifty (50) percent of the
total barrier, as may be viewed from the street.
5. No fence or portion of a fence shall exceed eight (8) feet in height in any commercial or industrial
district.
6. Barbed wire, razor wire, concertina wire, and the like shall be prohibited.
D. Temporary Fence. The community development director may permit the installation of a temporary fence of
material which is not otherwise allowed under this section at a construction site, if it is felt that the fence
would be necessary to protect the public safety or would be necessary to provide proper security for the site.
A temporary fence shall remain in place for no more than one (1) year and must comply with the following
conditions:
1. Temporary fences shall not exceed six (6) feet in height if they are located within any setback area.
2. No signs shall be attached to any temporary fence.

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E. Permit Required. A fence permit shall be required for all work performed in association with the
construction, alteration, or relocation of a fence or wall, except where otherwise specified herein. Fences
and walls for which a fence permit is not required:
1. Repairs. Repairs to an existing fence or wall with no structural changes.
2. Replacement. Replacement of an existing fence with a new fence that is the same type and height and
in the same location as the existing fence; provided the replacement fence is otherwise in full
compliance with this chapter.
3. Gates. The installation of gates of up to eight (8) feet in width in an existing fence or wall with no
structural changes.
F. Permit Application. Applications for fence permits shall be made upon forms provided by the community
development department. The following information shall be provided with the application:
1. A plot plan or lot survey shall be provided that includes the location of all existing and proposed fences,
walls, structures, easements, and setback dimensions.
2. A detail of the proposed fence or wall with all appropriate dimensions shall also be provided.
3. Written consent of all adjacent property owners, or a certified survey verifying the location of lot
boundaries, if a fence or wall is proposed to be erected or installed on a property line.
4. Other information that the director may require to show full compliance with this chapter.
G. Legal Nonconforming Fences and Walls. All existing legal nonconforming fences or walls shall be permitted to
continue as such until removed, extended, or altered, at which time such fences or walls shall be made to
conform to the provisions of this section.

3.2.14 Gasoline service stations.
A. Gasoline service stations are permitted in the C-3 district and are a conditional usespecial use in the C-2
district, subject to the site design standards for the district, and the specific site design standards in this
section.
B. Gasoline service stations may include the following activities: sale of fuel, oil, lubricants, and similar
products; minor repair; sale of small automotive accessories; sale of food and sundries; convenience store;
restaurant drive-up windows; inspection stations for emissions; or car washes. Gasoline service stations shall
not include game rooms, game arcades, major repair shops, body shops, paint shops, or paint booths.
C. Gasoline service stations shall maintain a separation distance of four thousand five hundred (4,500) feet. This
distance requirements shall be measured from property line to property line of another gasoline service
station.
D. Design standards for gasoline service stations are shown in the table below.
Standards for Gasoline Service Stations
Development Feature Standard
Minimum setbacks:
Principal building and/or gas 40 feet
pumps and canopy, where side and
rear lot lines are abutting
residentially zoned property
Principal building, side and rear lot 25 feet
lines, all other zoning districts

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Access requirements for corner lots Access drives shall be a minimum of 20 feet from the intersection of
street right-of-way lines
Buffer, adjacent to residentially Includes a solid wall or solid fence not less than six (6) feet in height in
zoned property addition to the standards set forth in this title.

3.2.15 Funeral homes, mortuaries, and crematoriums.
A. Funeral homes and mortuaries, with or without crematoriums, are subject to the following:
1. The site design standards of the property's zoning district;
2. The supplemental standards which are set forth in this section; and
3. The assembly use restrictions for certain businesses.
B. Adequate off-street vehicle queuing space shall be provided for funeral processions so that no vehicle stands
in a dedicated right-of-way. A minimum off-street vehicle stacking distance of one hundred (100) feet shall
be provided.

3.2.16 Golf courses and driving ranges.
A. Golf courses and driving ranges are permitted in RR, SR, and MFR zoning districts, subject to the standards of
the district and the supplemental standards in this section.
B. A golf course may be public or private and may include the following buildings and accessory uses:
1. A clubhouse with or without a pro shop, retail sales of golf supplies and accessories, and a restaurant
or snack shop.
2. An equipment building for maintenance, minor repairs, and storage. Storage may include fertilizers,
herbicides, pesticides, or golf carts.
3. Driving range and/or putting greens.
4. Restroom facilities.
C. The types of golf courses may be par three (3), executive, private, semi-private or regulation.
D. Site design standards for golf courses are provided in the table below.
Standards for Golf Courses
Development Feature Standard
Property size minimum 3 acres
Minimum setback from
residentially zoned property for:
• Bathrooms 10 feet
• All other buildings 100 feet
• Safety netting for driving Required on the perimeter of the playing area abutting public streets and
ranges residentially zoned property. Minimum of 40 feet in height.
• Outdoor lighting for driving Directed and shielded to avoid illumination of properties used or zoned
range, tees, greens, and fairways for residential purposes. Exterior lighting shall be downcast of moderate
brightness and shall not cause glare on any abutting property.
Outdoor lighting shall be turned off not later than 10:00 p.m.

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• Loudspeakers or paging Prohibited
systems
• Outside storage and loading Fully screened from view from adjacent properties and from the public
areas right-of-way
• Golf cart crossings Shall be plainly marked and located for safety of both the cart users and
persons using sidewalks or streets that are crossed.

3.2.17 Nursing homes, assisted living, and hospice care facilities.
A. Persons seeking to operate such a facility must file a permit application with the city along with any fees
established by the city council.
B. Each permit application shall include an affidavit that the applicant either has applied for or will immediately
apply for the corresponding permit or authorization for the operation of the facility from the State of Georgia
Department of Community Health in accordance with its rules and regulations and the affidavit shall also
certify that the proposed facility will meet and be operated in conformance with all applicable State and
Federal laws and regulations and with all codes and regulations of the city.
C. All application forms and information submitted to the State of Georgia Department of Community Health
shall be submitted with the city permit application.
D. The director of community development may require clarification or additional information from the
applicant that is deemed necessary to determine whether operation will meet applicable laws, regulations
and development standards.
E. If the director of community development determines that an application to operate the facility is in
compliance with the applicable requirements, the director of community development shall approve the
application for a permit, but the permit for operation shall not be issued until the applicant has obtained the
corresponding permit or authorization for operation of the facility from the State of Georgia Department of
Community Health.
F. No permit for the operation of the facility shall be transferable.
G. No facility shall be operated without both a valid permit from the city and a valid license from the State of
Georgia Department of Community Health.
H. No such facility shall be located within one thousand (1,000) feet of any other such facility, said distance to
be measured in a straight line from the closest property lines upon which each facility is located.
I. All such facilities must provide at least eighty (80) square feet of personal living space per resident or that
amount required by the State of Georgia for the licensing of such facilities, whichever is greater.
J. No signs shall be permitted other than those permitted by the regulations of the zoning district within which
such facility is located.
K. Parking Requirement; One (1) for each three (3) dwelling units.
L. The site design standards presented in the table below are required for nursing homes, assisted living and
hospice care facilities.
Standards for Nursing Homes, Assisted Living Facilities, and Hospice Care Facilities
Development Feature Standard
Minimum site area One acre (not in a subdivision)

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Minimum setbacks, side, and rear 50 feet
yards
Place of operation Freestanding structure, or within a religious facility if a conditional
usespecial use permit has been obtained
Number of children or adults Two or more to be operational
Hours of operation Required to be open for 24 hours (with 24-hour supervision required for
all residents)
Parking One standard off-street parking space per one bedroom shall be provided

3.2.18 Home occupations.
A. A home occupation as defined by this section is permitted subject to the following requirements:
1. Only the residents of the dwelling may be engaged in the home occupation.
2. The home occupation shall be clearly incidental to the residential use of the dwelling and shall not
change the residential character of the building.
3. No display of products shall be visible from the street except agricultural products that are grown on
the premises in an RR (Rural Residential) zoning district. Only products that are produced on the
premises may be sold on the premises.
4. No signs shall be allowed for identifying the premises as a home occupation, except in the RR district.
Such signs may only advertise the items that are produced on the property.
5. Use of a dwelling for a home occupation shall not exceed twenty-five percent (25%) of one (1) floor.
6. No interior or exterior alterations that are inconsistent with the residential use of the building shall be
permitted.
7. The home occupation shall not constitute a nuisance to the community.
8. No outside storage of materials to be used in connection with a home occupation is permitted, except
in an RR district. To the extent that large or hazardous materials are used by a home occupation, the
applicant shall be required to store such materials at a site other than the home occupation, consistent
with applicable zoning and land use laws.
9. No accessory buildings shall be used in connection with the home occupation, except in an RR district,
unless it is approved as a conditional usespecial use and then in a residential district only. The use of an
accessory building shall comply with the following conditions:
a. The accessory building shall maintain a residential appearance.
b. No business activities involving in-person contacts with customers shall be conducted between
the hours of 7:30 p.m. and 7:30 a.m.
c. No automotive painting, body work, salvage, major automotive, or heavy equipment repairs are
to be conducted.
d. No machinery or equipment shall be used which generates noise that is detectable outside the
accessory structure.
10. Applicants shall not be allowed to have customers visit the home occupation, except as follows:
a. The conduct of a home occupation involving rendering of services, such as those listed below, will
be allowed subject to the following limitation(s):

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i. Instruction in music and similar subjects shall be limited to two (2) students at a time,
subject to the restrictions for certain types of businesses.
ii. Beauty shops, barber shops, manicurists and similar occupations shall be limited to (2)
customers at a time.
b. Any service provider conducting a home occupation under this section shall not be allowed to
market and sell goods or products on the premises of the home occupation.
c. Nothing in this section shall preclude the owner of a home occupation from meeting customers
at a site other than the home occupation, consistent with applicable zoning and land use laws.
11. Only passenger vehicles, pickup trucks, vans, and trailers that are pulled by such vehicles may be used
in connection with the management of a home occupation. Trailers shall be stored in a garage or
accessory structure when they are not in use, and no vehicle or trailer shall feature commercial
advertising or marks identifying a commercial use of said vehicle.
12. Beauty shops, barber shops, manicurists, and similar services that are conducted as home occupations
are subject to the requirements for restricted businesses. They shall be limited to two (2) chairs
(stations) and one (1) shampoo chair (station).
13. No more than two (2) non-transient guests may be boarded at any one (1) time as a home occupation.
14. The following and similar uses shall be considered to be home occupations, provided that they follow
the minimum standards described in this section: Attorney, addressing service, art instruction, beauty
and barber shop, dentist, doctor, drafting and surveying, dressmaking, insurance agent, manufacturers'
representative, music teacher, notary public, photographer, real estate agent, tax services, and
consultant.
15. All home occupations shall obtain an occupational tax certificate, or business license, from the city. The
city clerk is hereby authorized to accept applications and either grant the same if an applicant
demonstrates compliance with the requirements of this section or refer the matter to the mayor and
city council for action.
16. Agricultural activities that are associated with the raising of crops and farm animals on properties
which are over three (3) acres in size shall not be subject to the requirements for home occupations.
17. The city reserves the right to establish sanitation rates for home occupations that are higher than those
for residential customers generally. All home occupations shall pay for sanitation services at the higher
rate, and in a timely manner, or face the revocation of a previously-issued occupational tax certificate,
denial of the rights to engage in a home occupation in the future, or any other civil penalties that are
authorized by law.
B. Family Day Care Centers Prohibited. Family day care centers, as are defined in this unified development
code, shall hereafter be strictly prohibited within the City of Stockbridge.

3.2.19 Hospitals.
A. Hospitals are permitted in the OI, C2, and C3 zoning districts, subject to the site design standards of the
district.
B. Site design standards for hospitals are provided in Table below.
Standards for Hospitals
Development Feature Standard
Minimum land area 5 acres

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Minimum side and rear yard 100 feet
setback
Emergency vehicle access Shall not face residentially zoned properties

3.2.20 Industrialized and modular buildings.
A. Modular and industrialized buildings within nonresidential zoning districts. These uses are permitted in the
C-1, C-2, C-3, LI, and HI districts, subject to the standards of the district and the supplemental standards that
are set forth in this section, and they must receive architectural design approval from the community
development director.
B. Industrialized and modular buildings shall not be utilized for residing in or any other residential purpose.
C. The site design standards that are set forth in the table below are required for industrialized and modular
buildings in all nonresidential zoning districts.
Standards for Industrialized and Modular Buildings
Development Feature Standard
Building materials—Decorative Brick, stone, stucco, masonry, wood, or any combination thereof,
facing (where facing on a public including glass; aesthetically pleasing facade shall be maintained on
street) portions of the building which face on all public streets
Window treatments Consistent with decorative facade design, considering materials and color
Screened from public right-of-way Mechanical equipment, electric meter and service components, and
similar utility devices (ground level, wall/roof-mounted)
Screening Techniques:
• Ground level Landscaping sufficient to block the view from public rights-of-way

• Brick, wood, or masonry, etc. Building materials to be the same as the predominant exterior of the
principal building on the site
• Required entrance to building
Where street-level retail uses have sidewalk frontage in addition to any
other access that may be provided to the building
Entrance/exit driveways Shall be paved with asphalt, concrete, or pavers

3.2.21 Keeping or raising of livestock.
The keeping or raising of all farm animals or fowl and use of private stables shall be limited to property
located within the RR zoning district with a conditional usespecial use permit and must have a minimum lot area of
three (3) acres. The keeping or raising of animals or fowl shall be subject to all regulations of the Henry County
Health Department and the Henry County Animal Control Ordinance.

3.2.22 Livestock processing and feedlots.
Livestock processing and feedlots shall meet applicable State and Federal standards for confinement feeding
operations. A buffer one hundred (100) feet in width is required on all side and rear property lines.

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3.2.23 Lodges and event facilities.
A. Lodges and event facilities are permitted in the OI and C3 (standalone building only), DT, and PUD zoning
districts, subject to the site design standards for that district, as well as the restrictions pertaining to
assembly uses. Lodges and event facilities are permitted with an approved conditional usespecial use permit
within the LI and HI zoning districts, subject to the standards of the zoning district. An approved conditional
usespecial use is also required within the RR zoning district, subject to the supplemental standards set forth
in this section.
B. Functions, including luncheons, banquets, parties, weddings, meetings, charitable fundraising, commercial or
advertising activities, or other gatherings for direct or indirect compensation are permitted.
C. The site design standards that are set forth below.
Standards for Lodges and Event Facilities
Development Feature Standard
Minimum site area Two acres
Minimum lot width 200 feet
Outdoor lighting Exterior lighting shall be downcast of moderate brightness and shall not
cause glare on any abutting property
Drop-off and pick-up areas Designed and located away from residential areas
Separated from parking areas

3.2.24 Mass assembly centers and grounds (fairgrounds, outdoor amusements,
amphitheaters, convention centers, civic centers, rodeos, armories, places of
worship, and athletic fields).
A. As used in this zoning ordinance of the City of Stockbridge, Georgia, a place of assembly is a structure,
portion of a structure, or area (either indoor or outdoor), designed primarily for people to gather to observe
or participate in a single event or series of events. Places of assembly primarily consist of:
1. Places of religious worship;
2. Conference centers;
3. Funeral homes;
4. Auditoriums;
5. Stadiums and coliseums;
6. Movie theaters;
7. Concert halls;
8. Dance halls;
9. Movie, television and radio studios admitting an audience;
10. Private commercial/vocational schools (including martial arts or dance studios, and technical or
vocational training); and
11. Clubs and/or lodges.

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B. The following uses are not considered places of assembly for purposes of the UDC of the City of Stockbridge,
Georgia:
1. Public libraries;
2. Hospitals, clinics and/or medical offices;
3. Nursing homes;
4. Flea markets;
5. Transit stations;
6. Restaurants;
7. Recreational facilities without spectator seating.
C. Subject to all conditions of the underlying zoning district and the conditions below, the following specific
type(s) of place of assembly are permitted by right in the commercial and industrial zoning districts of the
city:
1. Places of religious worship;
2. Movie theaters;
3. Concert halls;
4. Private commercial/vocational schools (including martial arts or dance studios, and technical or
vocational training); and
5. Clubs and/or lodges.
D. Subject to subsection B. above and all conditions of any underlying zoning district places of assembly shall be
conditional uses in all other zoning districts.
E. In the event that any place of assembly is designed to serve more than fifty (50) persons at any given time
(whether or not the place of assembly is actually occupied by more than fifty (50) persons), the parcel shall:
1. Be located on a lot fronting a major thoroughfare; and
2. Be located on a tract of land not less than two (2) acres in area and having a street frontage of not less
than two hundred (200) feet. In the case of parcels of land containing multiple tenants, the total land
area shall be prorated among the tenant spaces based on square footage of each tenant space. In such
cases, the prorated area for the place of assembly shall be not less than two (2) acres in area.
FE. Nothing in this section shall be deemed to amend or otherwise alter any life safety code or any other
provision of this Code unless expressly provided for herein.
GF. Fairgrounds, outdoor amusements, amphitheaters, civic centers, convention centers, rodeos, and armories
may be approved as a conditional use in RR, C-2, C-3, LI, and HI districts. Such facilities shall also meet the
requirements of the applicable zoning district; of any applicable overlay district; of the assembly use
regulations; and the additional site design standards that are set forth in this section.are also considered
mass assembly centers.
HG. Fairgrounds, outdoor amusements, and amphitheaters at which activities occur primarily outdoors shall also
meet the site design standards of the table below.
Standards for Fairgrounds, Outdoor Amusements, and Amphitheaters
Development Feature Standard

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Minimum site area, including Two acres
structures and associated parking
Minimum setbacks for buildings:
• Abutting residential zoning 200 feet
districts
• Abutting nonresidential 100 feet
zoning districts
Minimum setback for outdoor
stage or performance area:
• Abutting residential zoning 600 feet
districts
• Abutting nonresidential 200 feet
zoning districts
Minimum setback for parking lots 200 feet
and access drives, when abutting
residential zoning districts:
Parking lot design Aisles may be paved; spaces may be paved, grass, dirt, or gravel
Minimum buffer 50 feet wide buffer specified in this title, plus a wall with noise abatement
features
Lighting Exterior lighting shall be downcast of moderate brightness and shall not
cause glare on any abutting property
Loudspeakers or paging systems Designed, installed, and used such that they are in accordance with the
city noise ordinance
Outside storage and loading areas Screened from view from adjacent properties and from the public right-
of-way
Setback a minimum of 200 feet from any residentially zoned property
Refuse and solid waste containers Screened from view from adjacent properties and from the public right-
of-way
Setback a minimum of 100 feet from all property lines
Sanitation facilities, temporary or Screened from view from adjacent properties and from the public right-
permanent of-way
Setback a minimum of 200 feet from all property lines
Vibration or electromagnetic Shall not be detectable on adjacent properties
interference

HI. Outdoor amusements include such activities as miniature golf, carnivals or midway rides, pony rides,
climbing walls, tracks for go-carts and similar vehicles, and other tourist-oriented rides and amusements.
Temporary activities or special events that include outdoor amusements are also regulated in subsection
3.2.39.
1. Outdoor amusements may be freestanding, or two (2) or more amusements may be combined on a
unified development site.
2. Outdoor amusements may include accessory uses, such as snack shops or food stands, gift shops, ice
cream stands, or similar uses, provided that such uses are not open to the public without entrance to
the outdoor amusement.
3. Site design standards for outdoor amusements are shown in the table below.
Standards for Outdoor Amusements

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Development Feature Standard
Minimum land area Two acres
Minimum setback for buildings:
• Abutting residential zoning 200 feet
districts
• Abutting nonresidential 100 feet
zoning districts
Minimum setback for parking lots 100 feet
and access drives, when abutting
residential zoning districts
Minimum buffer 35 feet wide buffer, plus a fence or wall
Lighting Exterior lighting shall be downcast of moderate brightness and shall not
cause glare on any abutting property
Loudspeakers or paging systems Designed, installed, and used such that they are in accordance with the
city noise ordinance
Outside storage and loading areas Screened from view from adjacent properties and from the public right-
of-way
Setback a minimum of 200 feet from any residentially zoned property
Refuse and solid waste containers Screened from view from adjacent properties and from the public right-
of-way
Setback a minimum of 100 feet from all property lines
Sanitation facilities, temporary or Screened from view from adjacent properties and from the public right-
permanent of-way
Setback a minimum of 100 feet from all property lines

IJ. Convention centers, civic centers, centers for performing arts and armories (where activities occur primarily
indoors) shall meet the site design standards in the table below.
Standards for Convention, Civic, and Performing Arts Centers and Armories
Development Feature Standard
Minimum land area 5 acres
Minimum setback for buildings:
• Abutting residential zoning 100 feet
districts
• Abutting nonresidential 50 feet
zoning districts
Minimum setback for parking lots 100 feet
and access drives, when abutting
residential zoning districts
Access management traffic flow Designed to avoid residential and local streets
Minimum buffer 25-foot-wide buffer
Lighting Exterior lighting shall be downcast of moderate brightness and shall not
cause glare on any abutting property
Loudspeakers or paging systems Designed, installed, and used such that they are in accordance with the
city noise ordinance
Outside storage and loading areas Fully screened from view from adjacent properties and the public right-
of-way
Setback a minimum of 100 feet from residentially zoned property

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Vibration or electromagnetic Shall not be detectable on adjacent properties
interference

KJ. Places of Worship and Similar Religious Facilities. shall meet the Religious facilities, together with specified
accessory uses and structures, are permitted in the OI zoning districts subject to the standards of the zoning
district. Religious facilities, together with specified accessory uses and structures, may be permitted as a
conditional use in the RR, SR, C-1 and C-3 zoning districts, subject to the standards of the district and the
supplemental standards that are set forth in this section. These facilities are not permitted in strip mall
buildings or similarly constructed properties. S site design standards for places of worship and similar
religious facilities are provided in the table below.
Standards for Places of Worship and Similar Religious Facilities
Development Feature Standard
Minimum site area, including Two acres
structures and associated parking
Road frontage 200 feet
Buffers (sides and rear) 20 feet
Building materials Brick, stone, stucco, glass, cement fiberboard or masonry materials
compatible in the surrounding area
Building setbacks 50 feet from all property lines

1. Uses and activities other than worship shall be considered accessory uses and shall be clearly ancillary
to the primary use. Such uses and activities shall be limited to the following:
a. Religious instruction or similar instruction or study which is typically associated with the religion;
b. Offices to support the establishment;
c. Child or adult day care center (not on residentially-zoned property);
d. Private academic school;
e. Fellowship hall, with or without a kitchen (which may also be known as a community center,
activity hall, or life center);
f. Recreation facilities, including athletic fields;
g. Individual meeting spaces; and
h. Parsonage.
2. All accessory uses are subject to the following requirements:
a. The facility housing the accessory use shall meet all local, State, or Federal standards.
b. The operator of the accessory use shall obtain any licenses that are required to conduct the
accessory use. Any approval of the accessory use shall be contingent upon the receipt of all
licenses.
c. Loudspeaker or paging systems shall be located to ensure that they cannot be heard at the
property line of adjacent properties.
d. All outdoor activities shall occur no earlier than 7:00 a.m. and no later than 10:00 p.m.
e. Exterior lighting shall be downcast of moderate brightness and shall not cause glare on any
abutting property.

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f. Outdoor play or activity areas shall be no closer than fifty (50) feet from any residential property
line.
3. Child day care centers, adult day care centers, preschools, or child nursery uses are allowable accessory
uses, subject to the following standards:
a. The total floor area that is allocated to the child day care center, adult day care center,
preschool, or nursery uses shall not exceed fifty percent (50%) of the total floor area on the site.
The calculation of total floor area that is allocated to the uses shall be cumulative and shall
include all child day care, adult day care, preschool, and nursery facilities, as well as related
mechanical and support facilities.
b. An off-street drop-off area for persons who are served by the facility shall be provided. The
entrance and vehicle drop-off points shall not be located on a street providing primary access to
residences, unless such street is classified as a collector or arterial.
4. Private academic schools are allowable accessory uses subject to the following standards:
a. The total floor area that is allocated to the school shall not exceed fifty percent (50%) of the total
floor area on the site. The calculation of the total floor area that is allocated to the school shall
include all classrooms, school library, school offices, teacher work areas, and the like, including
related mechanical and support facilities.
b. Notwithstanding provision number 5. below, the total floor area that is allocated to the school
may exceed twenty percent (20%) of the total floor area on the site, provided that the area that
is allocated to the school meets the requirements of subsection 3.2.33.
c. The entrance and vehicle drop-off points for students shall not be located on a street providing
primary access to residences, unless such street is classified as a collector or arterial.
5. A fellowship hall is an allowable accessory use, provided that the total floor area which is allocated to
the fellowship hall, including related mechanical and support facilities, shall not exceed thirty-five
percent (35%) of the total floor area on the site.
6. One (1) dwelling unit to serve as a parsonage may be established, subject to the following standards:
a. The lot area within the parcel that is developed for religious uses and facilities to be devoted to
the dwelling unit ("parsonage lot") shall have a minimum area of eight thousand (8,000) square
feet. The parsonage lot shall be used exclusively for the dwelling unit, and it shall not include any
primary or other accessory use that is allowable on the site. The parsonage lot shall not be used
for any support activity to the primary or accessory uses, such as outdoor play areas, storage, or
parking, other than as specifically provided for herein.
b. The maximum lot coverage for the parsonage lot shall be thirty-five percent (35%).
c. Two (2) parking spaces shall be provided within the parsonage lot.
d. The maximum building height on the parsonage lot shall be thirty-five (35) feet.
e. The parsonage lot may contain children's outdoor play equipment in a size and quantity that is
typical of residential uses.
f. The parsonage lot may contain a residential swimming pool, which is fully enclosed, and attached
to the dwelling.
7. A specific parking plan shall be provided. This plan shall identify the principal use and each accessory
use that is proposed on the site. The parking plan shall indicate the hours of operation and the peak
times of use (parking demand) for the primary use, as well as for and each accessory use on the site.
The parking standards for the principal use and each accessory use shall be identified based upon

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unified development code requirements that are set forth in Section 4.7, Parking Requirements. The
parking plan may propose reduced or shared parking, as set forth in subsection 4.7.8. The parking plan
shall indicate areas that are designated for overflow parking during times of extraordinary use (such as
festival or holiday periods).
8. For religious facilities that exceed ten thousand (10,000) square feet in total floor area, excluding the
parsonage, if any, the minimum setback from any property line that is otherwise required shall
increase five (5) feet for each two thousand (2,000) square feet, or portion thereof, over ten thousand
(10,000) square feet.
LK. Athletic fields may be located in any zoning district, and they shall meet the site design standards in the table
below.
Standards for Athletic Fields
Development Feature Standard
Minimum site area, including One acreTwo acres
structures and associated parking
Road frontage 100 feet
Buffers (sides and rear) 20 feet
Building materials Brick, stone, stucco, glass, cement fiberboard or masonry materials
compatible with structures in the surrounding area
Building setbacks 50 feet from all property lines
Lighting Exterior lighting shall be downcast of moderate brightness and shall not
cause glare on any abutting property
Loudspeakers or paging systems Designed, installed, and used such that they are in accordance with the
city noise ordinance
Parking lot design Aisles may be paved. Spaces may be paved, grass, dirt, or gravel.

3.2.25 Mines and quarries.
A. The development of natural resources, including removal of minerals and other natural materials, together
with necessary buildings and machinery, is allowed in the HI zoning district, subject to applicable law and the
supplemental standards of this section.
B. Where an existing quarry is proposed for extension or expansion beyond the property lines of the quarry
area, such extension or expansion shall be considered as a new operation, subject to the standards that are
set forth in this section.
C. The area where mining or quarrying operations are conducted shall be fully enclosed with a fence or wall,
and they must meet the following requirements:
1. The fence or wall shall be located at least ten (10) feet from the edge of any excavation.
2. The fence or wall shall be designed and installed to ensure safety and security of the site, and to
prevent any entrance to the site by animals and unauthorized persons.
D. Product piles, spoil piles, or any other accumulation of by-products shall not exceed thirty-five (35) feet in
height above the original contour of the site.
E. Roads within the excavation site shall be surfaced with a dust-free material.
F. A mining land use plan, conforming to the requirements of Federal and State law, shall be required prior to
the approval of any mining or quarrying activity.

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3.2.26 Reserved.

3.2.27 Outside storage.
A. The following activities are only permitted in the C-3, LI, and HI zoning districts.
B. The outside storage of machinery and equipment, service areas for vehicles in need of major service or
repair, and materials for construction or distribution.
C. Outside storage involving machinery and equipment is only permitted on lots in the RR zoning district that
are not within a subdivision, and which have a minimum lot area of two (2) acres, provided that such storage
is not visible from the public right-of-way.
D. Outside storage shall be located within a rear yard or side yard.
E. Outside storage shall be fully concealed with a solid fence, in addition to any buffer requirements set forth in
title.
F. Outside storage of parts and materials, service areas, refuse, or work areas shall be maintained in a neat and
orderly manner.
G. No materials shall be stored within any required buffers.
H. No outside storage of seafaring containers shall be allowed.

3.2.28 Personal care homes, group homes, and boarding home having two or less persons.
Each personal care home, boarding home, and group home having two (2) or less persons shall be subject to
the following requirements:
A. All regulated facilities shall comply with State laws and regulations and acquire applicable State
licenses for operation.
B. The exterior appearance of any residential structure for which a personal care home, boarding home,
or group home is approved, shall be maintained as a residential structure and no signs shall be erected.
C. Meet all regulations as identified in the adopted building code and adopted fire code.
D. Meet all parking standards.
E. All facilities must apply for and receive a city business license.
Standards for Personal Care Homes, Group Homes and Boarding Homes
Having Two or Less Persons
Development Feature Standard
Distance from similar facility At least one thousand five hundred (1,500) feet
Fence requirement In residential districts—Properties must be fenced in the rear yard
Building requirement Must not be within a subdivision

3.2.29 Personal care homes, group homes, and boarding home having three or more persons.
Each personal care home, boarding home, and group home having three (3) or more persons shall apply for
and obtain a conditional usespecial use permit from the city council and comply with the following requirements:

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A. All regulated facilities shall comply with State laws and regulations and acquire applicable State
licenses for operation.
B. The exterior appearance of any residential structure for which a personal care home, boarding home,
or group home is approved, shall be maintained as a residential structure and no signs shall be erected.
C. Meet all regulations as identified in the adopted building code and adopted fire code.
D. Meet all parking standards as identified.
E. All facilities must apply for and receive a city business license.
Standards for Personal Care Homes, Group Homes and Boarding Homes
Having Three or More Persons
Development Feature Standard
Minimum lot size Residential—One (1) acre
Commercial—Thirty thousand (30,000) square feet
Distance from similar facility At least one thousand five hundred (1,500) feet
Building requirement Must not be within a subdivision

3.2.30 Relocated structures.
A. Applicability. Except as provided in this section, no application for a relocated structure permit shall be
approved, nor shall any structure be moved or occupied prior to meeting all requirements of this section.
B. A relocated dwelling is defined as a pre-existing structure which has been moved to another property or to a
different location on the same property. Factory-built modular and manufactured homes are exempt from
this section.
C. Relocated dwellings shall be a permitted use in the RR (rural residential) zoning district, only as defined
above and subject to all lot size and setback requirements of the RR district. Relocated dwellings shall be
subject to all regulations of the Henry County Health Department concerning on-site sewage disposal
facilities and private wells.
D. Preliminary Inspections. No building permit application for a relocated structure shall be approved until a
complete inspection of the structure is made by the city. An application for a relocated structure inspection
shall be completed on forms that are provided by the community development director prior to the
inspection being made. The inspection shall determine compliance or the feasibility of the compliance to all
existing building codes, development codes, and ordinances which have been adopted by the mayor and city
council. Depending upon the size, age, condition or design of the structure, the community development
director may require an inspection and report from a structural engineer to evaluate the suitability of the
structure for relocating. The engineering inspection and report fee for the relocated structure shall be paid
by the applicant. If the community development director determines that compliance with existing codes is
not feasible, the application for the building permit shall be denied. All such denials shall be in writing
specifying the reasons therefore and shall be signed by the community development director.
E. Follow-up Inspection. Following relocation of the structure and prior to and for re-inspecting, the owner of
the relocated structure shall, at the owner's choice, remove either the interior wall covering on all exterior
walls or the exterior wall covering on all exterior walls. If necessary, and at the direction of the community
development director regarding the interior load-bearing walls, the owner shall remove one (1) side of these
interior walls and the city shall then re-inspect the structure to ensure that its structural integrity has not
been compromised and that any required improvements remain feasible.

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F. Inspection Fee. The inspection fee shall be as set forth in the fee schedule established by the city which shall
be paid to the city prior to the inspection being made.
G. Performance Letter of Credit or Escrow Letter of Surety Required of Owner of the Structure. To ensure that
the structure will meet all current building construction codes of the City of Stockbridge and that the
renovation of the relocated structure is completed and ready for occupancy within six (6) months from the
date of issuance of the building permit, the owner of the relocated structure shall provide an irrevocable
letter of credit or irrevocable bank escrow letter of surety in the amount of ten thousand dollars
($10,000.00) in a form that is approved by the city attorney. Such irrevocable letters of credit or irrevocable
bank escrow letters of surety shall be issued from a federally insured banking institution.
H. Building Permit. A building permit shall be obtained from the building safety division for a relocated structure
prior to locating such structure on a lot. The fee for the permit shall be as set forth in the City of Stockbridge
fee schedule.
I. Owner Certification. All applications for permit shall be accompanied by a sworn affidavit that the applicant
is the owner of the relocated structure and the owner of real property on which the structure is to be
relocated. Prior to occupancy, the owner shall be required to obtain a certificate of occupancy (CO).
J. Route Approval.
1. Structures to be Located Within the City of Stockbridge. Prior to the issuance of a permit for a
relocated structure, the applicant must first submit and receive approval from the police department
and the City of Stockbridge regarding the proposed route. The applicant shall provide the name and
address of the moving company, owner of structure to be moved, destination of structure, type and
size of structure, map of the proposed route, and the name of the insurance company. Such approval
and information must be on forms that are furnished by the community development director.
2. Structures to be Located Outside of the City of Stockbridge. Prior to moving a pre-existing structure
through the City of Stockbridge, routes must be approved by the police department and the City of
Stockbridge on forms provided by the director. The applicant shall provide the name and address of the
moving company, owner of structure to be moved, destination of structure, type and size of structure,
map of the proposed route and insurance company. Required police escort must be prearranged with
the police department three (3) business days prior to moving a structure through the City of
Stockbridge. Moving of such structures through the City of Stockbridge shall only be allowed on routes
that are approved by the City of Stockbridge.
K. Requirements for Moving Companies. Any firm or individual who is moving structures into or through the
City of Stockbridge shall provide a valid copy of the Georgia Department of Transportation
oversize/overweight permit for the structures and a certificate of liability insurance, naming the City of
Stockbridge as the certificate holder, that meets or exceeds the minimum insurance standards that are
required by the Georgia Department of Transportation.
L. Guarantee of Completion. No application for a building permit shall be approved until a performance bond,
an irrevocable letter of credit, or an irrevocable bank escrow letter of surety is first provided, as is referred to
in subsection G., above.
M. Time of Completion. The work that is authorized by any permit for a relocated structure must be completed
in compliance with all codes and ordinances of the City of Stockbridge within six (6) months from the date of
issuance of the building permit, unless it is extended as provided herein. In the event that such a structure is
not in compliance and/or is not completed within the specified time limit, the building official shall notify the
owner in writing, giving specific causes of noncompliance or non-completion. Upon notification, the owner
shall have thirty (30) calendar days to correct such noncompliance or non-completion. Failure of the owner
to correct causes of noncompliance or non-completion, and the owner has not received an extension of
completion time, shall cause a notice to move or demolish such structure to be issued to the owner

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immediately. Failure to move or demolish such structure within ten (10) calendar days of such notice being
given shall be deemed a violation of this section and shall be punishable in the municipal court of the City of
Stockbridge and the director shall authorize the surety or bank issuing the irrevocable letter of credit or
escrow letter of surety to release all funds to the city.
N. Extension of Completion Time. The community development director may issue a ninety-day extension of
completion time for cause beyond the original six-month compliance/completion period upon the receipt of
a written request by the owner stating the reason for the extension and payment of applicable fees. A
second ninety-day extension may be issued following the first ninety-day extension upon written request by
the owner stating the reason for the second request. Approval or denial of an extension shall be in writing
and shall be signed by the building official. Permission for a greater extension of time may only be granted by
mayor and city council in regular session. Applications brought before the mayor and city council shall be on
forms provided by the community development director. An extension of the irrevocable letter of credit, or
irrevocable bank escrow letter of surety, may be required if sufficient time does not remain on the
performance irrevocable letter of credit or irrevocable bank escrow letter of surety to ensure that the
structure will meet all current building construction codes of the City of Stockbridge and that the renovation
of the relocated structure is completed and ready for occupancy within the specified time. Fees for each
extension shall be as set forth by the city.
O. Certification of Occupancy. A certificate of occupancy shall be issued upon the passing of a final inspection of
a structure and shall verify the completion requirements of this section, including compliance with all
existing building and life safety codes.

3.2.31 Roadside produce stands.
A. A roadside produce stand is permitted in the RR zoning district, subject to the site design standards of the
district, and the standards of this section.
B. Roadside stands are allowable for the sale of vegetables, fruit, produce, eggs, or other agricultural products
that are grown on the premises. Agricultural products shall not include poultry or livestock.
C. Roadside and produce stands shall meet the site design standards below.
Standards for Roadside Produce Stands
Development Feature Standard
Maximum building area 500 square feet
Building or structure setback 10 feet
Parking Parking shall be provided out of the right-of-way
Parking areas shall be paved, gravel, or be of another dust-free surface
Outside storage of boxes, crates, Fully screened from visibility from the right-of-way
pallets
Exterior lighting Exterior lighting shall be downcast of moderate brightness and shall not
cause glare on any abutting property

3.2.32 Salvage yards or junkyards and wrecker services (with storage area).
A. Salvage yards and junkyards are permitted in the HI zoning districts, subject to the standards of the district
and the supplemental standards in this section. In addition, salvage yards shall be required to have a
minimum lot size of two (2) acres.
B. The site design standards for salvage yards and junkyards are set forth in the table below.

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Standards for Salvage Yards and Junkyards
Development Feature Standard
Minimum setback 200 feet from all abutting property lines
Screening (fence) required Solid wall or solid fence
Minimum height Six feet
Minimum setback 100 feet from all property lines
Storage of salvaged or junk Shall not exceed the height of the fence or wall
materials
Buffers 40 feet on all property lines

C. Sanitary landfills shall not be permitted.
D. Wrecker services (with storage areas) are a conditional usespecial use in the HI zoning districts, subject to
the standards of the districts and the supplemental standards of this section.
E. The site design standards for wrecker services (with storage areas) are set forth in the table below.
Standards for Wrecker Services (with storage areas)
Development Feature Standard
Minimum lot size 2 acres
Screening requirements for storage Solid wall or solid fence
area Six feet
Minimum height
Placement Behind the rear drip line of the office/primary structure.
Minimum buffer 30 feet wide for any portion of property adjacent to residential or
commercially zoned property.
15 feet for any portion of property adjacent to industrial zoned property.
Storage of vehicles Towed vehicles shall be stored within an enclosed, secured area which is
not accessible to the public. No wrecked vehicles shall be stacked within
the storage area. Storage of non-business-related vehicles is prohibited.
Storage areas must be, at a minimum, covered with gravel.
Minimum size of office/primary 1,000 square feet, providing restroom facilities and reception area.
structure
Building materials Masonry front facade.
Off-street parking requirements One space for each 10,000 square feet of site area or portion thereof, and
one space for every 300 square feet of professional office space. All
required off-street parking shall be located outside of any secured vehicle
storage area. Driveway/entrance and public parking area outside of
storage areas shall be paved with a dust-free surface.

3.2.33 Schools, academic, public or private.
A. Public or private academic schools are permitted in the following zoning districts: OI, C-1, C-2, or PUD,
subject to the standards of the zoning district, and the supplemental standards of this section:
B. The site design standards presented in the table below.
Standards for Public and Private Schools

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Development Feature Standard
Minimum site area Three acres
Minimum lot width 200 feet
Buffers 20 feet or zoning district standards, whichever is greater
Outdoor recreation areas Setback a minimum of 75 feet from any property zoned or used for
residential purposes
Fully enclosed by a solid decorative fence, a minimum of four feet in
height
Outdoor lighting Exterior lighting shall be downcast of moderate brightness and shall not
cause glare on any abutting property
Drop-off and pick-up areas Designed and located away from residential areas
Separated from parking areas

3.2.34 Self-service storage facilities.
A. Self-service storage facilities, also called mini-storage or self-storage, are permitted in the C-3, LI, and HI
zoning districts, subject to the standards of the zoning district and the supplemental standards set forth in
this section.
B. The following activities or uses are prohibited on the grounds or within the buildings of self-service storage
facilities:
1. Wholesale sales;
2. Retail sales, including garage sales, or other commercial activities;
3. Manufacturing, fabrication, processing, or other industrial activity;
4. Service or repair of vehicles, engines, electronic equipment or similar activities;
5. Rehearsal or practice of musical instruments;
6. Residential and office uses.
7. Storage of flammable liquids, highly-combustible or explosive materials, or hazardous wastes or
chemicals is prohibited.
C. Notwithstanding the limitations described in above, the following activities may be conducted:
1. Rental of storage bays.
2. Truck rental business, limited to a maximum of twenty-five percent (25%) of the gross site area.
3. Sales of boxes or goods related directly to the operation of a self-service storage facility.
4. Sales by the owner or manager of the facility of abandoned items for reclamation of rental costs.
D. Except as specifically provided in this section, all property stored on the site shall be entirely within enclosed
buildings.
E. As an accessory use, one (1) dwelling unit may be established for security personnel, management
personnel, or the facility owner.
F. The site design requirements presented in the table below.
Standards for Self-Service Storage Facilities
Development Feature Standard

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Minimum site area 2.5 acres
Maximum site area 5.0 acres
Minimum lot width 100 feet
Minimum setbacks for buildings:
• Front yard 75 feet
• Side yard 25 feet
• Rear yard 25 feet
Buffer requirements, adjacent to
the following districts:
• Residentially zoned districts: 40 feet
• OI or C-1 30 feet
• C-2 15 feet
• C-3 10 feet
• LI or HI 10 feet
• Interstate highway 75 feet
Dumpsters and trash containers Fully screened from view from residentially zoned properties and public
right-of-way
Outdoor lighting Exterior lighting shall be downcast of moderate brightness and shall not
Adjacent to residentially zoned cause glare on any abutting property
districts Maximum height of 15 feet
Loudspeakers and paging Prohibited
equipment

G. The design standards which are presented the table below are required for self-service storage buildings:
Standards for Self-Service Storage Facilities
Development Feature Standard
Building separation (two or more 12 feet
buildings on the site)
Overhead access doors Shall not be visible from residentially zoned property, commercially
zoned property, or the public right-of-way
Storage bays
• Minimum size Four feet by four feet (16 square feet)
• Maximum size 20 feet by 80 feet (1,600 square feet)
Maximum building height, 35 feet
including all roof-mounted air
conditioning and other equipment
Exterior facade Fully consistent with color, materials, and design of buildings in the
surrounding area
Metal exterior walls are prohibited
Roof design Type of roof, roof line, and roofing materials shall be fully consistent with
buildings in the surrounding area

H. Outdoor (open) storage is permitted, subject to the standards that are set forth in the table below.
Standards for Outdoor Storage at Self-Service Storage Facilities
Development Feature Standard

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Type of goods to be stored Limited to recreational vehicles and boats on trailers
Dry stacking of boats when covered to provide screening from view
Abandoned, wrecked, or junked vehicles are prohibited
Maximum area devoted to outdoor 25 percent of building area of the site
storage
Screening Fully screened from view from adjacent residentially zoned districts, from
adjacent office areas, and from public right-of-way
Screening may be a solid fence, solid wall, other similar structure, or
landscaping
Fencing required Minimum of six feet in height
Maximum of eight feet in height
Decorative wall or fence required, with brick, stone, masonry, wood,
chain link, or similar material
Fence location May be either in front of or behind the buffer
Security Gate, equipped with alarm and keyless opening required

I. Traffic circulation requirements.
1. Traffic lane widths shall be established to provide for the adequate circulation, safety, and accessibility
of trucks, cars, and individuals who utilize dead storage in such facilities.
2. The minimum traffic lane width shall be twenty-five (25) feet.
3. The maximum traffic lane width shall be forty (40) feet.
4. Traffic flow patterns, directional signage, and painted land markings with arrows shall also be clearly
marked.
5. In order to ensure appropriate access and circulation by emergency vehicles and equipment, the
turning radii of the aisle ways shall be approved by the community development director at the time of
the preliminary plan review.
6. There shall be no aisle ways or other vehicular access ways located in the buffer area or within the
designated rights-of-way.
J. The standards that are set forth in the table below required for landscaping.
Standards for Self-Service Storage Facilities
Development Feature Standard
Location Inside the fenced area
Designed, placed, and maintained so as not to interfere with traffic
visibility
Width 15 feet on all street frontages
Side and rear yard landscaped areas maintained in natural state to the
maximum extent possible
Amount of landscaping 15 percent of the site
Plant materials Selected from lists [pending]
• Trees One medium or small tree per 20 linear feet
• Height at planting 8 feet, one shrub per 24 inches
• Hedges 24 inches in height at planting

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3.2.35 Senior adult housing.
The purpose of this section is to determine where age-restricted adult housing may be located and to
provide minimum standards. The intent of this section is to encourage age-appropriate housing for persons with
mobility, sensory, and cognitive limitations. Though these regulations require that over-all developments feature a
measure of accessibility, full accessibility is encouraged. Accessibility is defined by the Georgia Accessibility Code as
amended, and any age-restricted adult housing development must meet the same standards required by Georgia
Accessibility Code 120-3-20-.54 in order to be considered fully accessible.
Senior adult housing may be allowed in the following zoning districts as either the primary use or as a
supplemental use, in addition to another permitted use: RR, SR, CCR, and MFR, provided that, at a minimum, the
following restrictions apply. Final plats and all required construction documents shall include a notation specifying
"Age-Restricted Adult Housing." The development standards for senior adult housing are listed below.
Developments must also comply with the districts in which they are located, including any overlay districts. In this
section, "senior adult housing" does not include assisted living facilities or nursing homes.
A. Unit types allowed:
1. Only single-family detached units may be allowed in RR and SR districts.
2. Only multi-family units may be allowed in CCR and MFR district.
B. The development shall have a minimum of twenty (20) dwelling units.
C. The maximum net density shall meet the future land use plan requirements.
D. At least forty percent (40%) of the gross site area shall be open space. The open space shall provide
amenities such as pathways, seating areas, and recreation areas for residents. The open space shall be
protective of natural features.
E. At least one (1) on-site community building or interior community space shall be provided which
contains a minimum of the following heated floor area:
1. Twenty (20) square feet of heated floor area per dwelling unit for the first ninety-nine (99) units
with a minimum of five hundred (500) square feet; and
2. Ten (10) square feet of heated floor area per additional dwelling unit.
F. For phased development—Open space, recreational facilities, and other accessory facilities shall be
provided in each phase to meet the requirements as stated herein of the residents of each phase. The
developer shall provide a schedule for the installation of facilities at the time of the first permit
approval.
G. At the time of the first permit application, the developer shall establish how the age restrictions will be
implemented and maintained over time. If the development is anything other than a rental community
under single ownership, a common entity such as a condominium association, a homeowners'
association, or a property management company shall be established to maintain and enforce the age
restrictions in addition to the City of Stockbridge enforcement of zoning regulations.
H. The minimum unit size shall be one thousand two hundred (1,200) square feet.
I. All open space, common areas, and related improvements shall be fully accessible and shall be
managed and maintained by the owner of the development or a common entity such as a
condominium association, or a homeowner's association.
J. Any structure within the development may be fully accessible; however, the minimum standards of this
section shall be met. The development shall incorporate universal design features, as are listed below.
The application shall include descriptions of the universal design features of proposed dwellings to

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demonstrate their appropriateness for the age-restricted population. The material that is submitted
shall indicate how universal design features will be used to make individual dwellings adaptable to
persons with mobility, sensory, or otherwise functional limitations; and how the design will provide
accessible routes between parking areas, sidewalks, the front doors of the dwelling units, and common
areas. These routes shall be a minimum of ten (10) feet wide, allowing mobility-enhancing devices to
meet and pass safely.
1. "No-step" (maximum vertical floor level change of one-quarter (¼) inch, except where a tapered
threshold is used, which has a maximum height of one-half (½) inch access to the front door
entrance to all dwelling units and community buildings is required. If a no-step front entrance is
not feasible, an alternate no-step walkway to the front floor may be approved.
2. A minimum thirty-six-inch wide front door with exterior lighting at the entrance is required.
Exterior doors shall be provided with an artificial light source located in the immediate vicinity of
the exterior door. The illumination of the exterior light shall be controlled from inside the
dwelling, except for lights that are continuously illuminated or automatically controlled.
3. All interior doorways must have a minimum of thirty-two-inch clear width in the open position—
typically a thirty-six-inch door.
4. A thirty-six-inch fully accessible route must connect throughout the floor which is served by the
front door of the dwelling unit. The maximum vertical floor level change is one-quarter (¼) inch,
except where a tapered threshold is used, which has a maximum height of one-half (½) inch.
5. A complete living area, including, but not limited to, kitchen, master bedroom, and bathroom,
shall be located on the floor served by the front door of the dwelling unit.
6. Lever handles are required on all interior and exterior doors.
7. Clear floor space of thirty (30) inches by forty-eight (48) inches shall be provided and centered on
each appliance and fixture in the kitchen. Floor space can overlap.
8. Walls shall be reinforced (blocked) to allow for the later installation of grab bars around the
toilet, tub, and shower stall; and of wall-hung bench shower seat.
9. Maneuvering space shall be provided within the bathroom to permit a person using a mobility
aid to enter the room, close the door, and reopen the door with a clear floor space of thirty (30)
inches by forty-eight (48) inches. Clear floor space of thirty (30) inches by forty-eight (48) inches
shall be provided and centered on each fixture in the bathroom. Floor space may overlap.
10. Wall-mounted electrical outlets, light switches, and environmental controls shall be mounted for
a reaching range of a minimum of fifteen (15) inches to a maximum of forty-eight (48) inches
above the floor. Such wall-mounted devices shall be of a contrasting color with the wall.

3.2.36 Small box discount stores.
"Small box discount store" means a retail establishment:
1. With floor area of less than twelve thousand (12,000) square feet;
2. That primarily offers for sale a combination and variety of convenience shopping goods and consumer
shopping goods; and
3. Continuously offers and advertises a majority of the items in their inventory for sale at a price less than
ten dollars ($10.00) per item.
"Small box discount store" shall not include the following: Drug stores or a convenience store attached to or
collocated with gas stations.

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To avoid over-concentration, a small box discount store must be separated from another small box discount
store within or outside the city by a minimum distance of five (5) miles. The required separation distance must be
measured in a straight line from the nearest point on the lot line of the property occupied by a small box discount
store to the nearest point on a lot line of the other property occupied by a small box discount store.

3.2.37 Solar energy systems.
A. Definitions.
1. "Solar energy system (SES)" means a device or structural design feature that provides for the collection
of solar energy for electricity generation, consumption, or transmission, or for thermal applications.
a. For purposes of the City of Stockbridge UDC, SES refers only to:
i. Photovoltaic SESs that convert solar energy directly into electricity through a
semiconductor device; or
ii. Solar thermal systems that use collectors to convert the sun's rays into useful forms of
energy for water heating, space heating, or space cooling.
b. SES as used in the City of Stockbridge zoning code excludes concentrated solar power, which uses
mirrors to focus the energy from the sun to produce electricity.
2. "Integrated solar energy system" means an SES where solar materials are incorporated into building
materials, such that the two (2) are reasonably indistinguishable, or where solar materials are used in
place of traditional building components, such that the SES is structurally an integral part of a house,
building, or other structure. An Integrated SES may be incorporated into, among other things, a
building facade, skylight, shingles, canopy, light, or parking meter.
3. "Rooftop solar energy system" means an SES that is structurally mounted to the roof of a house,
building, or other structure and does not qualify as an Integrated SES.
4. "Ground mounted solar energy system" means an SES that is structurally mounted to the ground and
does not qualify as an Integrated SES. For purposes of the City of Stockbridge UDC, any solar canopy
that does not qualify as an Integrated SES shall be considered a ground mounted SES, regardless of
where it is mounted. The footprint of a ground mounted SES is calculated by drawing a perimeter
around the outermost SES panels and any equipment necessary for the functioning of the SES, such as
transformers and inverters. The footprint does not include any visual buffer or perimeter fencing.
Transmission lines (or portions thereof) required to connect the SES to a utility or consumer outside
the SES perimeter shall not be included in calculating the footprint. Ground mounted SESs shall be
delineated by size as follows:
a. "Small scale ground mounted solar energy system (small scale SES)" means a ground mounted
SES with a footprint of less than two (2) acres.
b. "Intermediate scale ground mounted solar energy system (intermediate scale SES)" means a
ground mounted SES with a footprint of between two (2) to fifteen (15) acres.
c. "Large scale ground mounted solar energy system (large scale SES)" means a ground mounted
SES with a footprint of more than fifteen (15) acres.
B. Applicability. Any SES that, prior to the effective date of the ordinance from which this section is derived; is in
operation, is being lawfully sited, constructed, or installed; or has caused the incurrence of substantial
liabilities relating to siting, construction, or installation; shall be exempt from complying with these
supplemental regulations unless the surface area of an integrated SES or rooftop SES or the footprint of a

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ground mounted SES is increased by more than ten percent (10%) after the effective date of the ordinance
from which this section is derived.
C. General Requirements for All Solar Energy Systems. The following requirements apply to all SESs.
1. Height. An integrated or rooftop SES shall be given an equivalent exemption, if any, to the applicable
zoning district's height restrictions for roof-mounted mechanical devices or equipment, except a
rooftop SES mounted on a sloped roof shall not vertically exceed the highest point of the roof to which
it is attached.
2. Impervious Surface. Ground mounted structures and components of the ground mounted SES,
including transformers and foundations, shall be considered impervious. However, for purposes of
compliance with the Stockbridge zoning code's impervious surface coverage requirements, the panels
of a ground mounted SES shall be considered pervious if they maintain sheet flow and allow for water
to infiltrate under and around them through a pervious surface and into the subsoil.
3. Lighting. To reduce light pollution, lighting of a ground mounted SES shall:
a. Be limited to the minimum reasonably necessary for its safe operation;
b. Be directed downward where reasonably feasible;
c. Incorporate full cut-off fixtures; and
d. Reasonably utilize motion sensors.
4. Tree Removal. The removal of trees or natural vegetation for any SES shall be avoided to the extent
reasonably practicable and shall comply with the requirements of the City of Stockbridge UDC.
5. Location. All ground mounted SESs permitted as an accessory use, in any district, must be located in
the rear yard of the property and must be screened so as not visible from the public right-of-way.
6. Decommissioning. Decommissioning shall begin no later than twelve (12) months after a ground
mounted SES has ceased to generate electricity or thermal energy. Within six (6) months of the
beginning of decommissioning, the SES and all structures associated with it shall be removed, all
materials shall be recycled or otherwise reused to the extent reasonably practicable, and the property
shall be returned to its condition prior to the installation of the SES or to some other condition
reasonably appropriate for the designated land use.
D. Specific Requirements for Intermediate and Large-Scale Solar Energy Systems. The following requirements
apply to intermediate and large-scale SESs, in addition to the general requirements in this section that apply
to all SESs.
1. Setbacks. An intermediate or large-scale SES shall comply with the following setback requirements: The
intermediate or large-scale SES shall be located no closer than the lesser of:
a. Fifteen (15) feet from any property line; or
b. The required setback for the applicable zoning district, if any; the intermediate or large-scale SES
shall be located no closer than the lesser of:
i. Twenty (20) feet from any public right-of-way; or
ii. The required setback for the applicable zoning district, if any; and the intermediate scale
SES shall be located no closer than fifty (50) feet from any residential dwelling unit on an
adjacent lot.
The large-scale SES shall be located no closer than one hundred (100) feet from any residential dwelling unit on an
adjacent lot.

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2. Visual Buffers. An intermediate or large-scale SES shall have, to the extent reasonably practicable, a
visual buffer of natural vegetation, plantings, earth berms, and/or fencing that provides a reasonable
visual and lighting screen to reduce the view of the SES from residential dwelling units on adjacent lots
(including those lots located across a public right-of-way). The existing natural tree growth and natural
landforms along the SES perimeter may create a sufficient buffer and shall be preserved when
reasonably practicable.
3. Signage. An intermediate or large-scale SES shall display signs (a) stating the risks that may result from
contact with an intermediate scale SES, (b) identifying the owner or operator of the intermediate scale
SES, and (c) providing a twenty-four-hour emergency contact phone number; shall comply with the
requirements of the applicable zoning district for displaying any advertisement; and may have signs
that contain educational information about the SES.

3.2.38 Swimming pools and pool enclosures.
A. Swimming pools accessory to residences shall be constructed in accordance with the applicable swimming
pool code and shall be approved by the community development department prior to obtaining a building
permit.
B. All residential accessory swimming pools shall meet the following standards:
1. A swimming pool shall comply with minimum side and rear yard setbacks for accessory structures.
Setbacks for accessory swimming pools shall be measured from the decking or closed part of the pool
structure to the property line.
2. A pool shall be enclosed by a security fence of not less than four (4) feet in height from ground level.
Security fence shall not be required for above ground pools that are greater than four (4) feet in height,
provided that the entrance to such pools shall be restricted with a gate. A gate shall be installed at all
entrances to any deck structure which is attached to such pool and/or at all ladder structures accessing
such pool.
3. All gates that are attached to such security fences shall contain self-closing positive latch devices to
ensure that the pool is enclosed and secure at all times.
4. The required security fence shall be installed prior to occupancy or any use of the swimming pool.
5. No ladders shall be affixed to a pool for purposes of entry or exit while self-closing positive latch
entrance gates are open.
6. All security fences shall be installed with a solid and permanent foundation, which shall include
fastening such materials a minimum of one (1) foot into the ground.
7. A security fence may include decorative materials, such as brick, wrought iron, stone, wood, or
masonry.
C. Any constructed or prefabricated pool that is used other than in conjunction with a private single-family
residence shall be deemed a public swimming pool.
1. Public pools, including, but not limited to, those which are built and operated by a public agency, or as
part of a multiple-family residential development, a subdivision association, a two-family residential
development, a condominium association, or a private club, shall be enclosed by a security fence of not
less than five (5) feet in height and have permitted landscaping installed, as approved by the
community development director.
2. Security fences shall be transparent and shall not include privacy fences or fences that obstruct the
view of the pool from the outside.

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3. Security fencing and gates shall comply with the standards in this section listed above.
4. Swimming pools shall comply with the standard setback requirements of the zoning district in which
the property is located.

3.2.39 Temporary structures and uses.
A temporary building or use in connection with a construction project or subdivision development shall be
permitted on the property during the construction period. The following standards shall be met by temporary uses
that are established during construction or land subdivision:
A. A building permit shall be required.
B. Timeframe to utilize temporary structures.
1. Temporary structures related to a subdivision development shall be removed when eighty
percent (80%) of all lots are occupied by completed homes or within four (4) years of issuance of
the permit, whichever occurs first. For all types of projects, if construction becomes inactive for
twelve (12) months, then any existing temporary structures must be removed within ninety (90)
days.
2. The community development director may issue a one-time, one-year extension of completion
time for cause beyond the original completion period upon written request by the owner,
including the reason for the request and an updated account of completed houses within the
subdivision. Approval will be based upon, but not limited to, current maintenance and aesthetics
of the temporary structure and property, and verification that all required erosion control
measures are in place. Applicants shall apply for the one-time extension within thirty (30)
business days of the expiration date of the temporary structure permit. Granted or denied
extensions of the compliance/completion period shall be in writing and signed by the building
official within ten (10) business days. All extension approvals will be subject to a fifty-dollar
($50.00) renewal fee as established from time to time.
C. Temporary offices to be used for administrative functions during construction may be located on a
construction site. The proposed construction building shall meet tie-down requirements for mobile
home structures and have a current contract for sewage pump-out. Construction buildings shall be
removed within thirty (30) days of completion of the construction site for which they are permitted.
D. On-site outdoor storage of equipment and construction materials shall be allowed during the period of
construction.
E. Portable toilet facilities shall be allowed, provided that applicable industry hygiene standards are
maintained.
F. Construction and demolition debris dumpsters are allowed, provided that an active building permit is
maintained. Such dumpsters shall be removed within ten (10) calendar days of issuance of a C.O. or
expiration of the building permit. Dumpsters are not required to be screened.
G. A temporary office that meets parking, handicapped, and landscape requirements shall be allowed. A
temporary office may be used for sales functions or sales offices, allowing for the sale, resale or
marketing of dwellings, structures or property within the development in which it is located, or
adjacent developments under the same ownership and control.
H. On-site temporary use of structures and equipment for the building of roads, public utilities and
government projects shall be allowed.

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3.2.40 Truck stops.
A. Truck stops (or truck service centers) are a conditional usespecial use in the HI zoning district only, subject to
the site design standards for the district, any overlay district, and the specific site design standards in this
section.
B. Truck stops may include the following activities and uses: Sale of fuel, oil, lubricants, and similar products;
sale of small automotive accessories; sale of food and sundries; convenience store; restaurant drive-up
windows; inspection stations for emissions; or truck wash. Truck stops shall not include repair shops, body
shops, paint shops, or paint booths.
C. Design standards for truck stops are indicated in the table below.
Standards for Truck Stops
Development Feature Standard
Minimum setbacks:
• Abutting residentially-zoned 60 feet
property—Principal building and/or
gas pumps and canopy, where side
and rear lot lines
• Abutting nonresidential 40 feet
zoning districts—Principal building,
side and rear lot lines
Access requirements for corner lots Access drives shall be a minimum of 40 feet from the intersection of
street right-of-way lines
Buffer, adjacent to residentially 40 feet wide, plus a solid wall or solid fence not less than six feet in height
zoned property

Chapter 4 DEVELOPMENT STANDARDS

4.1 Purpose.
The purpose of this chapter is to provide site design and development standards applicable to both public
and private development within the City of Stockbridge. More specifically, the purposes of the regulations set forth
in this chapter are to ensure the proper location, height, bulk and size of buildings and other structures; to ensure
the proper size of yards and other features of a development site; to ensure the proper layout and design of
subdivisions; and to provide for compatibility between proposed and existing development.

4.2 Expansion or modification of existing uses and structures.
No structure, parking area, or other site feature regulated by this Code shall be enlarged, altered, or
expanded unless the minimum improvements required by this article are provided to the property to the extent of
its alteration or expansion. In the case of a substantial expansion, the portion of the site affected must meet the
requirements of this chapter.
An alteration or expansion to an existing property is substantial when the area or square footage of the
expanded or altered land (including property used for building space, parking, or storage) or structure,

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respectively, exceeds twenty-five percent (25%) of the area or square footage of the existing land or structure,
exclusive of the alteration or expansion.

4.3 Site design standards.

4.3.1 Design standards for lots.
A. Only one (1) principal dwelling and its allowable accessory buildings may hereafter be erected on any one (1)
lot in any single-family or two-family residential district. Where contiguous lots have been combined, the
combined lot shall be considered one (1) lot.
B. Except as specifically provided in this Unified Development Code, no lot existing at the time of adoption of
this Unified Development Code shall be reduced, divided, or otherwise altered to produce a lot or tract of
land that does not comply with the minimum dimensional standards of the applicable zoning district.
C. Land that is acquired, dedicated, or donated and accepted for public use is exempt from the requirements of
this chapter.
D. Measurement of lot width.
1. Lot width shall be measured at the right-of-way, along the frontage of the lot, except for cul-de-sac
lots.
2. For cul-de-sac lots, lot width shall be measured at the right-of-way and shall be a minimum of fifty
percent (50%) of the required width of the zoning district requirement.

4.3.2 Dimensional standards for building height and location.
A. Applicability of Height Standards. The height limitations of this section shall not apply to places of worship
spires or other such structures, belfries, flagpoles, monuments, cupolas, domes, ornamental towers or
observation towers not intended for human occupancy, water towers, transmission towers, radio or
television towers or antennas.
B. Measurement of Setbacks. Setbacks shall be measured from the front, side or rear property line to the
nearest building or structure.
C. Encroachments into Required Setbacks.
1. Architectural features such as cornices, eaves, steps, gutters, and fire escapes may project up to three
(3) feet beyond a required setback line, except where such projections would obstruct driveways that
are used or may be used for access by service or emergency vehicles.
2. In the case of automobile service stations, hotels, and similar uses that serve the motoring public,
canopies shall be allowed over a driveway or walkway within the front or side yard not to extend from
the principal building to a point any closer than fifteen (15) feet from the street right-of-way line or
future right-of-way line as designated by the comprehensive transportation plan.
D. Setback Requirements for Corner Lots for Both the Primary and Secondary Structures.
1. Side yard setback requirements from the right-of-way of abutting streets shall be equal to seventy-five
percent (75%) of the front yard setback.
2. For purposes of this section, a dwelling may be construed to be fronting on a street other than the
street that the front entrance faces. In this situation, development plans and plats shall clearly identify
the front, side, and rear yards. Setbacks for side and rear yards shall be established according to the
standards of each district.

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E. Property with a side lot line adjacent to a railroad right-of-way shall provide a ten-foot side yard setback.
F. The building setback for a through lot having frontage on two (2) roads that is not a corner lot shall be equal
to the front yard setback for the district in which the lot is located.

4.3.3 Open space standards.
A. Development over five (5) acres in any zoning district shall provide public spaces, subject to the following
requirements:
1. An area equal to one percent (1%) of the total floor area proposed for the development shall be
provided as public space.
2. The following types of spaces may be provided:
a. Transit stops.
b. Plazas.
c. Courtyards.
d. Atriums.
e. Pavilions or other similar public spaces.
3. Public spaces shall be within view of a street or public area and accessible by pedestrians.
B. Development over five (5) acres in any zoning district shall provide open space, subject to the following
requirements:
1. A minimum of five percent (5%) of the total land area shall be devoted to open space. The required
open space shall not be counted toward required landscaping, required buffers, stormwater
management facilities or required public space.
2. The following types of open spaces may be provided:
a. Parks.
b. Playgrounds.
c. Picnic grounds.
d. Playing fields or courts.
e. Trails for jogging or biking.
f. Passive open space.
3. Open spaces shall be accessible to pedestrians and bicyclists.
4. The type and design of open space shall be consistent with the type of development proposed within
the mixed use area. Passive open spaces are appropriate as a means of protecting views and natural
features. Playgrounds, fields and courts are appropriate in or near residential developments.

4.3.4 Outdoor lighting standards.
The intent of this Unified Development Code is to preserve, protect and enhance the lawful nighttime use
and enjoyment of all property through use of appropriate lighting practices and systems. Such individual fixtures
and lighting systems are designed, constructed and installed to control glare, minimize obtrusive light and

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conserve energy and resources while maintaining safety, security and productivity, and curtail the degradation of
the nighttime visual environment.
A. Establishing Lighting. Lighting in all districts shall be established in a manner that no direct light is cast
upon or adversely affects adjacent properties or roadways. This section shall not apply to lighting
established by governmental authority within public rights-of-way.
B. Submittal Requirements. The applicant for any permit involving outdoor lighting fixtures governed by
this section shall submit, as part of the site plan, evidence that the proposed work will comply with this
section. The following information shall be included in all nonresidential site plan submissions and all
plans for uses ancillary to residential uses such as clubhouses, amenity areas, etc.:
1. Location, type and height of all freestanding, building-mounted and canopy light fixtures, shall be
shown on the site plan and building elevations;
2. Photometric grid overlaid on the proposed site plan indicating the overall light for intensity
throughout the site (in foot-candles). No certificate of occupancy or certificate of completion
shall be issued until the photometric grid has been approved by the director;
3. Specifications and details for the fixture type being proposed, including the total lumen output,
type of lamp and method of shielding;
4. Use of fixture proposed; and
5. Any other information deemed necessary by the director.
C. General Provisions. The design and illumination standards of this Unified Development Code shall apply
to all exterior lighting sources and other light sources visible from the public right-of-way or adjacent
parcels, except where specifically exempted herein.
1. Shielding. Exterior lighting shall be fully shielded and directed downward, and shall utilize full
cutoff housings, louvers, glare shields, optics, reflectors or other measures to prevent off-site
glare and minimize light pollution.
2. Intensity. The intensity of light within a site shall not exceed ten (10) foot-candles within any site;
however, the director may permit a maximum intensity of twenty (20) foot-candles provided that
such lighting is otherwise in compliance with this ordinance and a maximum intensity of one (1)
foot-candle is maintained at any property line or street right-of-way line. Where the property
abuts a residential district or existing residential use, the intensity shall not exceed one-half (0.5)
foot-candle at the property line.
3. Measurement. Light intensity levels shall be measured on the horizontal plane at grade level
within the site, and on the vertical plane of any property line or street right-of-way line at a
height of five (5) feet above grade level.
4. Decorative Light Fixtures. The director may approve decorative light fixtures as an alternative to
shielded fixtures, provided that such fixtures would enhance the aesthetics of the site and would
not cause off-site glare or light pollution.
5. Wall-Mounted Lights. Wall-mounted lights shall be cut-off, down directional with a maximum of
to four hundred (400) watts per fixture.
D. Exemptions. The following are exempt from the lighting requirements of this section:
1. Roadway and airport lighting and lighting activated by motion sensor devices.
2. Temporary circus, fair, carnival or civic events.

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3. Construction or emergency lighting, provided such lighting is temporary and is discontinued
immediately upon completion of the construction work or abatement of the emergency
necessitating such lighting.
4. Temporary lighting.
5. Lighting associated with agricultural activities.
6. Athletic fields.
7. Swimming pools.
8. Holiday decorations.
9. Shielded pedestrian walkway lighting.
10. Residential lighting with no off-site glare.
11. Street lights.
12. Other uses deemed reasonable by the director.

4.3.5 Street orientation.
A. The main entrance to all the buildings shall be oriented to public streets, where feasible.
B. When possible, buildings located on a corner should have the main entrance situated to address both streets
therefore accentuating the corner position and improving visibility and pedestrian circulation.

4.3.6 Building massing and modulation requirements for buildings under twenty thousand
square feet.
A. The massing of building facades longer than one hundred fifty (150) feet that are approximately parallel to
the right-of-way and oriented to a public street shall be modulated to increase visual interest.
B. Building facades that are less than five hundred (500) feet long shall be adjusted at intervals no greater than
one hundred (100) feet in length.
C. Building facades that are more than five hundred (500) feet long shall be adjusted with intervals no greater
than twenty percent (20%) of the length of the facade.
D. Building design shall include minimum one-foot deep cornices along the entire front facade of buildings and
extending for a distance of at least ten (10) feet along the sides of buildings.
E. Building designs shall include a minimum two (2) feet high contrasting base, along the entire front facade of
buildings and extending for a distance of at least ten (10) feet along the sides of buildings.
F. Loading and Service Zones.
1. Screening and landscaping shall be utilized to deter direct views of the loading areas and their
driveways from adjacent residential properties or from the public right-of-way. Screening and
landscaping shall also prevent spill-over glare, noise, or exhaust fumes.
2. Where feasible, this shall be achieved through the placement of walls, fences, and landscaping, and
shall provide a visual barrier five (5) feet tall minimum.

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4.3.7 No exterior vending machines.
Exterior vending machines (freestanding or attached) must not be visible from the street or neighboring
properties.

4.3.8 Mechanical and other building systems.
Rooftop and ground level mechanical and electrical service equipment, solar collectors, satellite dishes, and
any other communications equipment shall be screened from public view, sidewalks, streets, and from all
adjoining buildings to the extent where possible and practical. This screening may be accomplished with materials
compatible with the finishes and character of principle structures or other architectural methods.

4.3.9 Utilities.
A. Utilities shall be located underground.
B. For all new construction and redevelopment, utilities along public streets must be placed underground. This
requirement does not apply to the temporary provision of electricity, including, but not limited to,
construction power.
C. Water and sewer utilities shall be located in either street rights-of-way or easements located at the outer
edge of street rights-of-way.

4.3.10 Encroachment on public rights-of-way.
No building, structure, fence, service area, parking facility/area, loading area, except driveways shall be
permitted to encroach on public right-of-way. All permanent structures or inorganic objects that are placed near,
but not within the right-of-way, shall be located as to not obstruct, hinder or impede the view or movement of
pedestrian and vehicular traffic as to become a nuisance, danger or hazard to the public.

4.3.11 Posting of addresses.
Each dwelling unit and place of business shall have light-reflective numbers posted and maintained in a
prominent place on the property, visible from the street providing public access, the address of the dwelling unit
or place of business.
1. For residences using mailboxes: Two-inch high light-reflective number with contrasting background;
2. For residences that do not use mailboxes and within one hundred (100) feet of roadway: Three-inch
high light-reflective numbers with contrasting background;
3. For residences which do not use mailboxes and are more than one hundred (100) feet from a roadway:
Three-inch high light-reflective numbers visible from the roadway with contrasting background; and
4. For all commercial establishments: Three-inch high light-reflective numbers with contrasting
backgrounds.

4.3.12 Trash enclosures, storage areas, and external structures.
Landscaping, fencing, berms, or other devices integral to overall site and building design shall screen trash
enclosures, storage areas, and other external structures.

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1. Service yards, refuse and waste-removal areas, loading docks, truck parking areas and other utility
areas shall be screened from view by the use of a combination of walls, fences, and dense planting.
Screening shall block views to these areas from on-site as well as from public rights-of-way and
adjacent properties.
2. All trash dumpsters shall be provided with solid enclosures. Fats, oils, grease receptacles shall be
provided with solid enclosures.
3. Enclosures shall be composed of eight-foot-high solid masonry or decorative precast concrete walls,
with opaque gates and self-latching mechanisms to keep gates closed when not in use. Bollards are
required at the front of the masonry walls to protect the enclosure from trash collection vehicles.
Gates shall be made of opaque metal for durability. Chain link gates with or without opaque slats are
not acceptable. Colors and materials shall be consistent with the main building or use.
4. Where trash enclosures, storage areas, or other external structures are adjacent to parking areas, a
three-foot landscaped buffer shall be provided that does not impede access into and out of vehicles.
5. These areas shall be well maintained and oriented away from public view.
6. The consolidation of trash areas between buildings is encouraged.
7. The use of modern disposal and recycling techniques is encouraged.
8. This section shall not apply to community or public recycling bins or drop boxes; however, the location
shall be determined by the community development director in accordance with the standards herein.

4.4 Architectural guidelines.

4.4.1 General requirements.
All accessory buildings shall be constructed of materials complementing the principal building with which
they are associated.

4.4.2 Requirements for single-family detached and attached.
These requirements only pertain to buildings that are exclusively residential in nature.
A. Facades.
1. Primary material coverage required, at a minimum, a twenty-four (24) inch course/water table,
consisting of brick or stone or a combination of each, measured from where the final grade of the
lot meets the outside of the building.
2. Secondary material coverage remaining area may be comprised of one (1) or more of stucco,
shake, and/or cement fiberboard siding.
3. Vinyl or aluminum siding shall not be permitted. Metal or cementitious composite board siding
may be used in the eaves and soffits of a building.
B. Roof Pitch. The minimum roof pitch of a single-family home shall be 4:12, with the exception of
attached patio covers. The minimum roof pitch of an attached patio cover shall be as required by the
current State minimum standard codes for construction.
C. Roof Materials. Roof materials shall include wood or cedar shakes, asphalt composition, wood,
shingles. Other roof materials may be used where specifically approved by the director.

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D. Foundation. The dwelling shall be attached to a permanent foundation. The foundation shall be
concrete or masonry blocks joined by mortar or both.
E. Finished Floor. Any building having its finished floor entirely above grade, except for a basement, as
defined in the International Building Code, shall be enclosed by masonry blocks or bricks joined by
mortar, or poured concrete walls having a minimum height of eighteen (18) inches and a minimum
width of six (6) inches.
F. Garages.
1. A minimum of two (2) car garages shall be required for all single-family detached residential
structures. Side entry garages should always be considered and constructed when possible.
2. Single car garages are required for townhomes and for each unit of a duplex.

4.4.3 Requirements for multifamily residential.
A. Facades.
1. Primary material coverage buildings are required to consist of thirty percent (30%) brick or stone, or a
combination of each, on all four (4) facades of the building.
2. Secondary material coverage remaining area may be comprised of one (1) or more of stucco, shake,
and/or cement fiberboard siding.
3. Vinyl or aluminum siding shall not be permitted. Metal or cementitious composite board siding may be
used in the eaves and soffits of a building.

4.4.4 Requirements for buildings not exclusively residential (includes mixed-use, commercial,
institutional, industrial, etc.).
A. All buildings constructed within the C-1, C-2, C-3, OI, M-1 and M-2 zoning districts shall meet the
development standards and the appearance standards set forth in this section.
B. Buildings in C-1, C-2, and C-3 are required to be a least fifty percent (50%) brick or stone on all four (4)
facades of the building.
C. Other allowed building materials include:
1. Brick, or brick veneers;
2. Stone. Natural stone such as, but not limited to, granite, limestone, acid marble is allowed to building
materials. Terra cotta and/or cast stone, which simulate natural stone, are also acceptable. Painted
stone is not allowed;
3. Split-face block/concrete masonry unit (CMU) is restricted to twenty percent (20%) of the surface area
of the facade;
4. High grade stucco;
5. Natural wood and/or cementitious fiberboard siding;
6. Glass;
7. Glazing shall be clear or slightly tinted glass (not opaque nor highly reflective). Metal screens or bars
shall not cover window openings;
8. Exposed concrete block, metal and tile are not allowed as building materials on a facade;

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9. Vinyl or aluminum siding shall not be permitted, except by vinyl having a nominal thickness of forty-six
one-thousandth (0.046) inches, metal, or cementitious composite board siding may be used in the
eaves and soffits of a building.
D. All windows shall be consistent with the decorative facade design, considering materials and color.
E. Metal roofing, if utilized, shall consist of standing seam metal roofing with a minimum twenty-nine (29)
gauge rating.
F. Facade colors and materials shall be limited to three (3) per facade face.
G. Hotels shall be exempt from the brick percentage requirements set forth herein, but shall meet all other
standards set forth herein.
H. Each industrial building shall maintain a decorative facade on that portion of the building that faces on all
public streets. The decorative facade shall consist of brick, masonry, and/or wood. Glass may be used in
combination with brick, masonry, and/or wood. All windows shall be consistent with the decorative facade
design, considering materials and color.
I. Mechanical equipment, electrical meter and service components, and similar utility devices, whether ground
level, wall mounted, or roof mounted, shall be screened from public rights-of-way views through one (1) of
the following methods:
J. Where equipment is at ground level, screening may be provided through landscaping sufficient to block the
view from public rights-of-way.
K. Where brick, wood, or masonry materials are used to screen equipment or devices, the materials shall be the
same as the predominant exterior building materials for the principal building on the site.
L. Street level retail uses with sidewalk frontage shall provide an entrance to the building from the sidewalk in
addition to any other access that may be provided to the building.
M. All entrance and exit driveways shall be paved with asphalt, concrete or pavers.

4.4.5 Roof requirements for buildings under twenty thousand square feet.
A. Materials.
1. Pitched roofs shall be limited to architectural dimensional grade asphalt shingles, natural slate, natural
terra cotta, natural wood shake, copper or factory finished sheet metal.
2. Exposed metal flashing shall be copper, or factory finished sheet metal. If factory finished metal
flashing is used, such as standing seam, the color must be subdued to blend with other materials or of
a color to simulate weathered copper or bronze.
3. There shall be roof articulations/offsets at a minimum of one (1) per each one hundred twenty-five
(125) linear feet of length by a change in the top line of the parapet. Additional articulation may occur
at any lesser distance. If the front facade is less than one hundred twenty-five (125) linear feet of
length, then a minimum of one (1) roof articulation must occur.
B. Type.
1. Mansard roofs.
a. Shall have a maximum pitch of 12:12.
b. Shall have a minimum twelve-foot vertical surface length.
2. Flat roofs.

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a. Building materials for flat roofs shall meet local codes.
b. All buildings with flat roofs should include parapet articulation on the front facade(s) of such
building.
3. Green roofs.
a. Shall be highly recommended and will be reviewed on a case-by-case basis.
4. Canopies.
a. Drive under canopies for gasoline pumps may have flat roof with vertical or factory formed facing
of finished sheet metal.
b. Arcade/structural canopy for retail use. For any multi-tenant commercial development, a covered
arcade/structural canopy shall be provided along the front facade of the building. It shall be a
minimum of five (5) feet in width and designed to provide covered areas for relief from the
weather. Different arcade/structural canopy designs may be used for each individual
tenant/business within a multi-tenant commercial development provided that they blend
aesthetically with the front facade of the building and has the approval of the building owner and
the director of community development in the City of Stockbridge.

4.4.6 Establishments over forty thousand square feet (large-scale retail centers).
A. Purpose. This section is intended to provide design standards for uses located in large-scale buildings. The
purpose is to ensure the compatibility of large buildings and their associated impacts with the surrounding
area, and to avoid large, undifferentiated building walls.
B. Applicability. Establishments having more than forty thousand (40,000) square feet of floor shall comply with
the design standards contained in this section. These standards are in addition to the site design standards of
the underlying zoning district. The size threshold refers to an individual establishment and any associated
outdoor areas used for display or storage.
C. Building Design Standards. Building design shall meet the standards below.
Building Design Standards for Establishments over Forty Thousand Square Feet
DEVELOPMENT STANDARD
FEATURE
Facades over 100 feet in length • Provide wall projections or recesses which are a minimum of three feet
in depth and a minimum of 20 contiguous feet long within each 100 feet
of facade length.
• Arcades, display windows, entry areas, or awnings shall be provided
along at least 60 percent of the facade.
• A repeating pattern of color, texture, or materials change is required.
Roof and roof line • Provide a change in height every 100 linear feet of building length.
Parapets, mansard roofs, gable roofs, hip roofs, or dormers shall be
used to conceal flat roofs and roof top equipment from public view.
Exterior building materials • Brick, masonry, and/or wood; stucco to simulate brick, masonry, or
wood may be used; glass may be used in combination with brick,
masonry, and/or wood.
Parking • Shall not exceed 110% of the parking standard provided.
At least 20% of the required parking shall be provided in pervious
pavement, grass, gravel, turf block, or similar material.
Structured parking is strongly encouraged.

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Loading docks • Shall be screened from view from adjacent properties and from the
public right-of-way;
• Shall be located in the side or rear of the building or lot;
• Shall be set back by a minimum of 100 feet from any residentially-
zoned property.
Outside storage and displays • Neither parking lots, nor areas immediately adjacent to the buildings,
other than the garden center uses, shall be used for the sale of goods.
• Garden center goods shall be within areas enclosed by decorative
fencing and be at least partially screened.
• Exceptions to this provision include seasonal holiday trees, seasonal
sales of nursery supplies, and pumpkin sales.
• Screened from view from adjacent properties and from the public
right-of-way.
• Setback a minimum of 100 feet from any residentially zoned property.
• In no instance shall outdoor display obstruct sidewalks or otherwise
impede pedestrian movement to the entrance of the store.
Refuse and solid waste containers • Enclosed, except for an access gate, and screened from view from
adjacent properties and from the public right-of-way.
Seasonal sales (see Section 3.2.39 • Shall not occupy any required parking spaces or parking lot aisles.
regarding temporary uses)
Open space • A minimum of 20% of the site shall be landscaped open space.

4.5 Streetscape standards.

4.5.1 Special provisions for major corridors.
A. Applicability. This section shall apply to all parcels of land abutting Highway 138 West, Highway 42 North,
Jodeco Road, Eagles Landing Parkway, Hudson Bridge Road, Rock Quarry Road, East Lake Parkway, East
Atlanta Road, North Henry Boulevard, Patrick Henry Parkway, Country Club Drive, Flippen Road, Walt
Stephens Road, Mount Zion Parkway, Campground Road and any other roadway having a classification of
"collector" or higher. All State routes and associated rights-of-way are within the jurisdiction of the Georgia
Department of Transportation (GDOT) and any improvements within these respective rights-of-way are
subject to GDOT approval. All property contained within any parcel subject to this section on the date of
adoption of the ordinance from which this section is derived shall continue to be subject to this section, even
if the parcel is subdivided in the future.
B. Streetscape Design Standards. The streetscape along the major highways shall be divided into three (3)
distinct zones consisting of a building frontage zone, pedestrian travel zone, and fixtures/planting zone. The
widths of each zone shall be as provided below:
1. Building frontage zones are encouraged to provide outdoor activities and gathering areas and may be
permitted at varying widths.
2. Pedestrian travel pathways shall be a minimum of ten (10) feet wide, paved in concrete and kept clear
and unobstructed for the safe and convenient use of pedestrians.
3. Fixtures/planting zones shall be a minimum of ten (10) feet wide and planted with grass, ground cover
or flowering plants. Within the fixtures/planting zone:
a. Sidewalk benches shall be placed in front of retail locations at a maximum distance of five
hundred (500) feet from one another.

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b. Trash receptacles shall be placed at street intersections and at a maximum of five hundred (500)
feet apart from one another.
c. Bicycle racks should be located at a maximum distance of two hundred fifty (250) feet apart.
d. Pedestrian scale lighting should be incorporated along all pedestrian paths and shall be placed a
maximum of every forty (40) feet on center.

4.5.2 Sidewalks.
A. Sidewalks shall have a minimum width of five (5) feet along all roads in residentially zoned or used areas.
B. Sidewalks shall have a minimum width of eight (8) feet in all commercial, industrial, and mixed-use
development areas. The community development director may reduce to six (6) feet, if the topography or
width of the right-of-way does not permit an eight-foot wide sidewalk.
C. Continuous sidewalks must be provided to connect building entrances to required sidewalks along street
frontage.
D. Sidewalks shall be in compliance with ADA standards for accessible design.
E. Sidewalks shall be located along both sides of all public streets.
F. All sidewalks shall be accessible with ramps and other safety features, such as traffic strips for sensory canes.
G. All grade changes along sidewalks shall be clearly marked.

4.5.3 Street trees.
A. Street trees shall be provided in medians and all required landscaped strips adjacent to all streets rights-of-
way.
B. Landscape strips along any collector and arterial roadways shall be a minimum of ten (10) feet wide.
C. Street trees shall have a minimum 2.5-inch caliper and six (6) feet in height at the time of planting and be
warranted by the developer for a period of two (2) years.
D. Spacing of street trees and streetlight standards may be adjusted to account for driveways, utility poles, fire
hydrants and other obstructions and to provide adequate visual clearance for intersections, driveways and
traffic control devices.
E. No street tree or streetlight standard shall be placed within ten (10) feet of another tree, streetlight
standard, utility pole or within five (5) feet of a fire hydrant.
F. Appropriate street tree species include:
1. Large trees—Average spacing forty (40) feet on center:
a. Nuttall Oak.
b. Shumard Oak.
c. Willow Oak.
d. Gingko (variety: President, Autumn Gold, male gender).
e. Princeton Elm.
f. Chinese Elm (varieties: Allee, Athena, Drake, Bosque).
g. Bald Cypress (variety: Shawnee Brave).

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h. Zelkova (variety: Green Vase or Village Green).
i. Northern Red Oak.
j. Red Leaf Maple.
2. Small trees—Average spacing twenty (20) feet on center:
a. Crepe Myrtle.
b. Saucer Magnolia (variety: Butterflies).
c. Chinese Fringe Tree.
d. Golden Rain Tree.
e. Texas Redbud (Cercis reniformis).
f. Kousa Dogwood.
g. Washington Hawthorn 'Princeton Sentry.'
h. Zelkova (variety: Wires).
G. No more than twenty-five (25) (or twenty-five percent (25%)of the total number, whichever is greater) of the
trees installed may be of any one (1) genus.
H. No more than twenty-five percent (25%) of the street trees used in a single development shall be of the
small tree species, unless limited by roadway classification or posted speed limit that affect tree type
placement.

4.6 Buffer requirements.

4.6.1 Applicability.
Buffers shall be required between dissimilar districts or uses in accordance with the provisions of the zoning
ordinance or as a condition of zoning, conditional usespecial use, or variance approval.

4.6.2 Location, measurement, and design of buffers.
A. Buffers shall meet the minimum width requirements contained in the zoning ordinance, except as authorized
to be reduced by the applicable buffer reduction process, as follows:
1. As specified in the "Buffer Area Standards Table"; or
2. As specified in a residential zoning district for a permitted nonresidential use (e.g. a church, temple,
synagogue, etc.); or
3. As required by a condition of zoning, conditional usespecial use, or variance approval.
B. Buffers shall be natural, undisturbed, and free of encroachments except as authorized by a condition of
zoning, special use or variance approval, or as authorized herein, and shall contain the existing tree cover
and vegetation as well as any supplemental plantings or replantings as may be required.
C. Buffers shall be located on the outer perimeter of a lot or parcel, parallel to the lot or parcel boundary line.
Buffers shall not occupy any portion of an existing, dedicated, or reserved public or private street, or right-of-
way.

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D. Buffers required alongside property lines shall extend to a street right-of-way line unless otherwise required
by the director in order to observe the sight distance requirements contained in the development
regulations, or as authorized by a condition of zoning, special use, or variance approval.
E. In situations where the required buffer width is partially or completely contained within an existing
easement (e.g. power or natural gas transmission, etc.), the screening requirements of this unified
development code shall be met outside of the easement area, to ensure a continuous buffer.
F. Buffer width is measured from the property line.
G. Buffer plantings shall be designed taking into consideration existing conditions, including, but not limited to,
soils, topography, streams, and existing vegetation. Native vegetation shall be used for landscaping and
buffering unless the applicant demonstrates that the use of non-native, drought-resistant plants would best
serve the site and advance the objectives of this section.
H. Buffers shall be maintained, in perpetuity, by the property owner.

4.6.3 Buffer area standards.
A. The minimum buffer area standards are as follows:
Buffer Area Standards
Proposed Land Use Adjacent Zoning District Minimum Buffer Width
Office-Institutional RR, SR, CCR, MFR and RMH 50 feet

Commercial

Mixed-use areas
Industrial RR, SR, CCR, MFR, and RMH 100 feet
Manufactured home parks RR, SR 25 feet

Duplex Development

Multifamily development
All other situations 25 feet

4.6.4 Plant materials for buffers on nonresidential developments.
Existing plants within a designated buffer area shall not be removed unless the plants are dead, dying,
diseased, hazardous, or invasive. Where no natural buffer exists or where the director finds that existing
vegetation does not provide an appropriate buffer, the following plant materials are required for each fifty (50)
linear feet of fifty-foot wide buffer, quantities shall be doubled for one hundred-foot wide buffers:
1. Two (2) canopy trees.
2. Two (2) understory trees.
3. Fifteen (15) screening shrubs. Shrubs may be evergreen and/or deciduous, but must reach a mature
height and width greater than four (4) feet.

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4.6.5 Plant materials for buffers on residential developments.
The following plant materials shall be required for each fifty (50) linear feet of buffer on a residential
development:
1. One (1) canopy tree.
2. Two (2) understory trees.
3. Ten (10) screening shrubs. Shrubs may be evergreen and/or deciduous but must reach a mature height
and width greater than four (4) feet.

4.6.6 Non-vegetative screening.
A. Non-vegetative materials utilized in addition to the use of existing vegetation and/or supplemental plantings,
may consist of walls, fences, earthen berms or any combination thereof. While non-vegetative screening
materials may be utilized in addition to natural, enhanced or planted buffers, they are not a replacement of,
nor exemption from the requirement to plant buffers.
B. If walls or fences are to be utilized, their placement and installation shall be such to cause minimal
disturbance of existing vegetation.

4.6.7 Disturbance or encroachments.
A. Ditches, swales, stormwater conveyance facilities, stormwater detention ponds, sanitary sewer conveyance
facilities, similar facilities, and any associated easements, shall not encroach into a buffer except for
necessary access and utility crossings (e.g. stormwater or sanitary sewer pipes) may encroach into the buffer
as near to perpendicular as practical.
B. Land disturbance is authorized in areas of a buffer that are devoid of significant existing vegetation provided
that the final grade and replanting of vegetation meet the requirements contained herein.
C. Dead, dying, diseased, hazardous, or invasive vegetation may be removed from a buffer provided minimal
disturbance occurs. Vegetation removed shall be replaced where necessary to meet the buffer requirements
contained herein. A landscape architect and/or certified arborist shall identify dead, dying, diseased,
hazardous, or invasive vegetation for removal.

4.6.8 Protection during land disturbing activities.
A. During authorized land disturbing activities, buffers shall be clearly demarcated and protected prior to
commencement of, and during, construction.
B. The method of demarcation and protection shall at a minimum be a continuous single row of four-foot tall
orange vinyl (or other high visibility color) tree protection fence, or shall be protected as required by the
community development department.

4.7 Landscape requirements.

4.7.1 Applicability and provision of landscape plans.
A. These requirements shall apply to all properties to be used, developed, or redeveloped within the city,
except as may specifically be exempted below.

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B. In order to demonstrate compliance with the requirements of this section, a landscape plan, prepared by a
professional landscape architect shall be submitted with applications for development approval, for all
developments.
C. The following types of development are exempt from the requirements of this section:
1. Single-family dwellings;
2. Duplex buildings; and
3. Applications for accessory uses, accessory structures, or temporary uses.

4.7.2 Maintenance requirements.
A. All landscaped areas shall be maintained to ensure that plant materials remain healthy. Any diseased or dead
plant materials shall be replaced as soon as reasonably possible based on the growing season, but not later
than six (6) months following identification of the need for replacement.
B. Necessary trimming and maintenance shall be performed to maintain the health of the plant materials, to
provide an aesthetically pleasing appearance and to ensure that landscape and buffer areas serve the
intended purpose.

4.7.3 Landscape standards for nonresidential development.
A. Required landscaped areas, including general landscaping, parking lot landscaping, perimeter landscaping
and buffer areas shall not be disturbed by grading, property improvements or construction activities, except
where necessary to prevent a nuisance, or to maintain natural plant growth, or to remove diseased,
misshapen, or dangerous and decayed trees.
B. All landscaped areas, including general landscaping, parking lot landscaping, perimeter landscaping and
buffer areas shall utilize existing natural vegetation in an undisturbed state provided that the existing
vegetation is appropriate for inclusion.
C. A minimum of twelve percent (12%) of the total buildable area in any parcel shall be devoted to landscaping.
D. The requirement to provide landscaping shall be in addition to any required buffers.

E. The site design standards for landscaping are provided in the table below.
Site Design Standards for Nonresidential Landscaping
Location of Landscaping Number of Plants Type of Plants
Front yard setback 1 tree per 40 linear feet 50 percent trees
Grass or ground cover
Side yard setback 1 tree per 25 linear feet 50 percent large trees
Grass or ground cover
Rear yard setback 1 tree per 25 linear feet Grass or ground cover

4.7.4 Residential landscape standards.
A. Prior to issuance of a certificate of occupancy, any parcel of land for which a building permit has been
requested shall have preserved or planted trees, meeting the following standards:

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1. Minimum caliper for planted trees is two and one half (2.5) inches.
2. A minimum of seventy-five percent (75%) of planted trees shall be hardwoods.
3. All recorded lots within a subdivision shall have planted or preserved the required number of trees
according to the zoning district, as set forth Title 13, Tree Protection.
4. Requirements for planting or preserving trees are in addition to requirements for landscaping and
buffer areas but may be located in the landscaping and/or buffer areas.
B. Tree planting requirements.
Tree planting requirements are presented in the table below.
Tree Planting Requirements
Zoning District Number of Trees Planted or Preserved
First acre Each additional ¼ acre
RR 10 2
SR 7 2
MFR, MHR 10 2
CCR 4 trees per parcel (no matter the parcel size)

4.7.5 Landscape requirements for parking lots.
A. Perimeter Landscaping for Parking Lots. A landscaped area having a minimum horizontal dimension of ten
(10) feet shall be maintained between the prescribed buffer and a parking lot. The width of a sidewalk shall
not be included within the ten-foot perimeter landscape area.
B. Interior Landscaping.
1. Parking lots with twenty (20) or more parking spaces shall provide interior landscaping.
2. Parking lots shall be designed so that no more than twelve (12) parking spaces occur in an unbroken
row without an intervening landscaped area having a minimum width of ten (10) feet measured from
the back of curb to back of curb.
3. Interior planting areas may be landscape islands at the end of parking bays, landscape islands within
rows of parking spaces, or landscape strips between rows of parking spaces. No planting area shall be
less than ten (10) feet wide in the shortest dimension. Planting areas may also be located within
driveway medians, provided the median is a minimum of ten (10) feet wide.
4. A minimum of two (2) canopy trees shall be planted for every twelve (12) parking spaces provided.
Planting area per canopy tree shall be a minimum of three hundred (300) square feet.
5. Trees should be placed within interior islands to maximize shading of the pavement.
6. Vehicle stops or curbing shall be used to ensure that vehicles do not overhang required landscaped
areas.

4.7.6 Landscape plant materials standards.
A. All plant materials shall meet the following general requirements:
1. All plant materials shall be nursery grown, number 1 grade and installed according to accepted industry
standard planting procedures.

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2. All plant materials shall meet current American Association of Nurseryman Standards.
B. All plant materials shall meet the size and location specifications presented in the table below.

Plant Materials Standards
Plant Minimum Size at Planting
Canopy trees 2.5-inch caliper
Understory trees— 2-inch caliper
Single trunk
Understory trees— 5 feet in height
Multiple trunks
Large screening shrubs 36 inches in height
Shrubs 24 inches in height
Ground cover 4-inch pot
Grass Sodded, sprigged, plugged, or seeded, except that sod shall be used in
drainage swales or other areas subject to channelized or concentrated
sheet flow of runoff.

C. Spacing requirements for trees shall include consideration of trees planted on abutting properties. Trees may
be grouped, so long as a sufficient planting area is provided as set forth in paragraph [E.], below.
D. Trees shall be planted in locations away from septic tanks and drain fields.
E. Planting areas shall meet the following specifications:
1. A planting area of three hundred (300) square feet shall be required for each canopy tree.
2. A planting area of one hundred (100) square feet shall be required for each understory tree.
3. The minimum dimension of any planting area shall be ten (10) feet.

4.8 Parking requirements.

4.8.1 Purpose and intent.
The intent of this section is to ensure the appropriate location and quantity of off-street parking and loading
and to ensure that all developments provide adequate and safe storage and movement of vehicles consistent with
generally accepted site design principles.

4.8.2 Applicability.
A. Except as provided in this section, no application for a building permit shall be approved unless there is
included with the plan for such building, improvements, or use, a development plan showing the required
space reserved for off-street parking and loading. Occupancy shall not be allowed unless the required off-
street parking and loading facilities have been provided in accordance with those shown on the approved
plan.
B. Each use of land and each building or structure hereafter constructed or established, and each addition to a
structure shall provide off-street parking and loading according to the standards set forth herein.

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C. When an addition is made to a building containing less than the required parking or loading requirements,
off-street parking shall be provided for the entire building, based upon the standards in this section.
D. No addition to an existing building shall be constructed which reduces the number of spaces, area, or
usability of an existing parking lot or loading space, unless such building and its addition conform with the
regulations for parking and loading contained herein.

4.8.3 Maintenance.
All off-street parking and loading areas shall be well maintained. Parking lots and loading areas shall be free
of potholes, debris, weeds, broken curbs, and broken wheel stops.

4.8.4 Calculation of required parking spaces and loading spaces.
A. The table below, "Parking and Loading Space Standards," specifies the required minimum number of off-
street parking spaces for each listed use. Where the calculation of the required number of spaces results in a
fraction, the number shall be rounded up to the next whole number.
B. Where the unit of measure for determining the number of parking spaces is the number of seats in a facility,
the number of seats shall be the maximum occupancy allowed pursuant to building and construction codes.
C. When multiple uses occupy a building, or a mixed-use development is proposed in separate buildings under
unified control, the parking and loading requirement shall be met by each use, unless shared parking is
approved according to the standards in this section.

4.8.5 Parking and loading space standards.
A. The table below presents standards for parking and loading spaces. Where a use is not listed, the director
shall determine the appropriate parking and loading standard. The determination shall be based on the
standards for similar uses.
Parking and Loading Space Standards
Use Group Example of Types of Use Minimum Requirement
All areas are expressed in spaces per gross square feet of building area unless ground area or some other
measure is specified
Adult entertainment 10 per 1,000 sq. ft.
establishments
Assembly places with fixed seating Stadiums/auditoriums 1 per 4 fixed seats
Theaters/amphitheaters
Assembly places without fixed Meeting halls 1 per 35 sq. ft. in largest assembly
seating Libraries room
Auto dealerships, sales & service New car sales 6.5 per 1,000 sq. ft.
Used car sales
Service and parts
Bowling alley 5 per alley
Child care kindergarten Day care centers 1.7 per 1,000 sq. ft. + 1 per 4
Pre-school employees on the largest shift
Churches and other places of Churches 1 per 3.5 fixed seats in the largest
worship Cathedrals assembly area
Temples

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Without fixed seating, 1 per 30 sq.
ft. in largest assembly area
Clubs and lodges Country clubs 5 per 1,000 sq. ft.
Fraternal organizations
Club with golf course 50 per 9 holes + 1 per 1,000 sq. ft.
Commercial, amusement, outdoor Amusement parks 1 per 4 fixed seats or 1 per 35 sq.
Skateboard parks ft. of floor area used for moveable
Batting cages seats; plus 10 per 1,000 sq. ft. of
ground area identified for
recreation and assembly
Custodial care Assisted living 2.5 per 1,000 sq. ft.
Dormitories and related Dormitories 1 per bedroom + 5 per 1,000 sq. ft.
Fraternity houses of common area
Sorority houses
Boarding houses
Festivals, outdoor Horse shows 2 per 1,000 sq. ft. of ground area
Carnivals identified for festivals and music
Dog shows festivals related seating
Arts and crafts
Financial institutions Banks 5 per 1,000 sq. ft.
Credit unions
Brokerage houses
Funeral homes 1 per 3 fixed seats + 1 for each 25
sq. ft. in the largest assembly room
Golf course, public and private, 50 spaces per 9 holes
without club facilities
Health care facilities Hospitals 1 per 4 beds + 1 per 3 employees
Out-patient clinics
Convalescent home
Nursing home
Hotels and motels, no restaurants Apartment hotels 1 per room
Hotels
Motels With restaurants, 1.25 per room
Industrial and manufacturing Assembly plants 1 per 1,000 sq. ft.
Fabrication plants
Factories
Laboratories, scientific and related Experimental labs 2.5 per 1,000 sq. ft.
Fabrication plants
Factories
Medical offices Dental offices 4 per 1,000 sq. ft.
Related facilities Doctor's offices
Veterinary offices
Clinics
Mini-warehouses 1 per employee + 1 per 5,000 sq. ft.
Offices, general Freestanding offices 3 per 1,000 sq. ft. to 250,000 sq.
Office towers ft.; 2.8 per 1,000 sq. ft. all
Office parks exceeding 250,000 sq. ft.
Offices associated with other uses

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Personal service establishments Barber shops 5 per 1,000 sq. ft.
Beauty parlors
Laundromats/dry cleaners
Race track 1 per 4 fixed seats or 1 per 35 sq.
ft. of floor area used for moveable
seats, + 10 per 1,000 sq. ft. of other
spectator area
Recreational facilities, indoor Billiard parlors 5 per 1,000 sq. ft.
Game rooms
Arcades
Skating rinks
Physical fitness centers
Museums
Recreation, private Tennis court 3 per court
Basketball court 4 per court
Single-family or mixed residential Swimming pool 6 per adult swimming pool + 1 per
use, association or club 15 dwelling units beyond 60 served
Multifamily residential Included in basic parking
requirement
Recreation, public Basketball court 4 per court
Playing fields 50 per field
Tennis courts 3 per court
Driving range 2 per tee
Miniature golf 20 per 18 holes
Swimming pool 20 + 1 per 50 sq. ft. of pool area
Recycling centers 1.5 spaces per 1,000 sq. ft. of
building floor area and 2 spaces per
outdoor recycling collection
container; plus loading spaces
Residential, multifamily 1 bedroom or efficiency unit 1.4 per unit
(fewer than 40 units/acre) 2 bedroom unit 2.0 per unit
3 bedroom unit 2.25 per unit
Residential 1 bedroom or efficiency unit 1.25 per unit
multifamily 2-bedroom unit 1.75 per unit
high-rise (40 + units/acre) 3-bedroom unit 2.00 per unit
Residential, single-family Detached dwelling 2 per dwelling unit
Duplexes
Mobile homes
Residential, retirement home Retirement homes 1.25 per dwelling unit
Retirement village
Restaurants, nightclubs and Cafeterias 10 per 1,000 sq. ft.
taverns (including outdoor seating) Bars
Dance clubs
Restaurants
Music clubs
Bistros
Retail establishments Boutiques 5 per 1,000 sq. ft.
Shops
Stores

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Rental services
Art galleries
Food stores
Roadside stand 6 + 5 per 1,000 sq. ft. ground area
Salvage, storage and/or junk facility 1 per employee plus 4 per acre
Schools Junior high Larger of 2 per classroom or 1 per
Elementary 35 sq. ft. in largest assembly area
Middle
Secondary Larger of 10 per classroom or 1 per
35 sq. ft. in largest assembly area
Colleges/Business colleges 5 per 1,000 sq. ft.
Tech/universities/trade
Conservatories
Service and repair establishments Appliance repair shops 5 per 1,000 sq. ft.
Bicycle repair shops
Shoe repair shops
General repair centers
Service stations and automotive Automotive garages 5 per 1,000 sq. ft.
repair centers Paint and body shops
Tire centers
Service stations
Warehousing and storage Commercial storage 1 per 2,000 sq. ft.
Distribution centers

B. Loading Spaces Required. Off-street loading spaces shall be provided as follows:
Off-Street Loading
Type of Use Gross Floor Area (sq. ft.) Loading Spaces Required
Single retail establishment services 0 to 19,999 None
20,000 to 49,999 One
50,000 to 250,000 Two
Over 250,000 Three
Shopping centers 0 to 19,999 None
20,000 to 49,999 One
50,000 to 100,000 Two
Each additional 100,000 One
Office buildings 0 to 999,999 None
Apartment building over four 1,000,000 to 2,000,000 One
stories More than 2,000,000 Two
Hospitals, health care
establishments
Hotels and motels
Manufacturing, warehousing, Up to 14,999 One
wholesaling, etc. 15,000 to 39,999 Two
40,000 to 65,000 Three
Each additional 80,000 One

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Recycling centers 2 loading spaces measuring no less
than 12 feet by 35 feet and having
14 feet of vertical clearance

4.8.6 Parking spaces for disabled individuals.
A. All uses shall provide parking spaces designated for access by disabled individuals.
B. The table below presents specifications for parking for disabled individuals.
Required Parking for Disabled Individuals
Total Parking Spaces Required Accessible Spaces Required
Up to 25 1
26—50 2
51—75 3
76—100 4
101—150 5
151—200 6
201—300 7
301—400 8
401—500 9
501+ 2% of total required spaces

C. Accessible spaces shall be marked on the pavement and by appropriate signage, both markings to use the
universally accepted "handicapped" symbol. Such spaces shall be located in closest proximity to major
building entrances, but in no event shall such spaces be more than one hundred (100) feet from an entrance.
D. Ramps shall meet the design standards set forth in the Georgia Accessibility Code Chapter 120-3-20 of the
Rules and Regulations of the Georgia Safety Fire Commissioner.

4.8.7 Design requirements for parking lots, parking spaces, and loading areas.
Off-street parking lots, individual parking spaces, loading areas, and loading stalls shall be designed to
conform to the following criteria and standards:
A. All multiple-family, commercial, and industrial uses shall provide a paved, dust-free surface. The use of
approved permeable or pervious pavement materials is encouraged, provided such paving is approved for
use by the director.
B. All off-street loading stalls shall have access from a public street.
C. Loading stalls are not to hinder movement of pedestrians or vehicles over a street, sidewalk, or alley, or to
and from an off-street parking area.
D. Off-street parking and loading areas that are to be used at night shall include proper illumination for the
safety of pedestrians, vehicles, and for security purposes. Lighting shall be located and shielded to avoid
direct illumination of adjacent properties.
E. Each off-street parking space shall be clearly marked, and directional arrows or signs shall be provided
wherever necessary. Markers, directional arrows, and signs shall be properly maintained to ensure their
maximum efficiency.

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F. All off-street parking, loading, and service areas shall be drained to prevent damage to abutting properties
and/or public streets and shall be constructed of materials that shall assure a surface resistant to erosion.
G. All off-street parking, loading, and service areas shall be separated from walkways, sidewalks, and streets by
curbing or other suitable protective device.
H. The design standards in the table below shall be used to achieve compliance with parking provisions of this
chapter.
Parking Space Dimensions
Type of Parking Space Required Dimensions of Parking Spaces
Full-size automobile space: 45° angle 9' wide; 25' deep
Full-size automobile space: 60° angle 9' wide; 22' deep
Full-size automobile space: 90° angle 8'6" wide; 20' deep
Full-size automobile space: Parallel to walk 8'6" wide; 20' deep
Compact automobile space: 90° angle 8' wide; 19' deep
Handicapped spaces Refer to the Georgia Accessibility Code Chapter 120-3-
20 of the Rules and Regulations of the Georgia Safety
Fire Commissioner

I. There shall be provided adequate interior driveways to connect each parking space with a public right-of-way
as indicated in the table below.
Parking Lot Design
Required Width of Interior Parking Design (degree of angle)
Driveways and Aisles (feet)
24 90°
18 60°
12 Parallel
12 One-way traffic: Not adjacent to parking
24 Two-way traffic: Not adjacent to parking

J. The specifications in the table below are the design requirements for off-street loading stalls.
Off-Street Loading Stall Design
Wholesale and Industrial Uses:
Width 10 feet
Length 50 feet
Overhead clearance 14 feet
All Other Uses:
Width 10 feet
Length 35 feet
Overhead clearance 14 feet

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4.8.8 Shared parking arrangements.
A. Adjacent uses, multiple uses within a unified development, or establishments with multiple tenants of
different uses may provide shared parking facilities. Such shared parking facilities may have a reduced
quantity of parking as compared to the sum of parking spaces required for each individual use.
B. Where shared parking facilities are proposed, the following standards shall be met:
1. There shall be a paved driveway connection between the adjacent developments such that
automobiles may move from one (1) parcel or use to the adjacent parcel or use without exiting to the
public street.
2. There shall be a designated pedestrian connection from all uses to the shared parking facility.
3. The owners of developments involved shall execute a cross-access and cross-parking agreement,
provided in a recordable instrument, acceptable to the city. The agreement shall guarantee the joint
use of a specified number of parking spaces.
4. The number of spaces in the shared parking facility shall be determined by one (1) of the methods
below.
C. The calculation of required spaces in a shared parking facility shall use one (1) of the two (2) methods
described below:
1. A parking study may be conducted to provide evidence of the combined parking requirements of the
proposed uses.
a. The study shall be prepared by a professional engineer with documented traffic expertise.
b. The study shall include estimates of parking requirements based on professionally accepted data
or studies, such as from the Institute of Traffic Engineers, Urban Land Institute, or other sources
acceptable to the city.
c. Parking requirements shall be based on uses that are the same or comparable to the proposed
uses. Comparability shall be determined by density, scale, bulk, area, type of activity, and
location in relationship to other uses and the transportation system.
d. Parking requirements shall be based upon peak hours of need for each use proposed to share
parking facilities. The hours of maximum, or peak, parking demand of the respective
developments shall not overlap.
e. The study shall document the source(s) of data used to develop recommendations.
f. The study shall document the extent to which transportation system management and
alternative forms of transportation (pedestrian and bicycle) reduce the parking requirement.
g. The study shall document the availability of off-site parking to meet a portion of the parking
requirements. Off-site parking shall not be located more than one hundred fifty (150) feet from
the uses that require parking. The study shall be accompanied by documentation to demonstrate
the continued availability of the off-site parking, such as easements or other recordable
instruments.
2. Shared parking may also be determined by the following method:
a. Calculate the parking requirement for each proposed use, as set forth below.
b. Multiply each amount by the corresponding percentages from the table below for each of the
five (5) time periods.

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c. Total the amount of parking for each time period.
d. The highest parking requirement shall be the minimum number of spaces required for the shared
use facilities.
Shared Parking Demand Calculations
General Week Days Weekend
Land Use Daytime Evening Daytime Evening Nighttime
9:00 a.m.— 6:00 p.m.— 9:00 a.m.— 6:00 p.m.— 12:00 a.m.—
4:00 p.m. 12:00 a.m. 4:00 p.m. 12:00 a.m. 6:00 a.m.
Office or 100% 10% 10% 5% 5%
industrial
Commercial 60% 80% 100% 60% 5%
Hotel/motel 60% 100% 60% 100% 60%
Restaurant 70% 100% 75% 100% 10%
Entertainment 50% 100% 80% 100% 0%

4.8.9 Administrative reduction of spaces constructed.
The director of community development/planning and zoning may authorize a reduction in the total number
of parking spaces constructed on a site to no less than ninety percent (90%) of the basic requirement when all of
following conditions are met: The request for reduction in parking shall show that the reduction is justified on the
basis of characteristics unique to the specific proposed use of the property in contrast to the characteristics of
other uses within the same category.
A. Adequate land area for meeting the basic parking requirement is located on and designed for the site
whether at grade or in parking decks. The unconstructed portion of the parking shall be clearly
delineated and labeled "Future Parking" on the site plan.
B. Prior to granting the reduction in total parking spaces constructed, the director of community
development/planning and zoning shall conclude that the reduction is justified, and shall approve, in
whole or in part, or deny the request stating the reasons therefore in the report.
C. If the director finds that the parking reduction is no longer justified, the director shall notify the owner
to construct the number of parking spaces necessary to meet the required level.
D. Prior to any change in ownership or use, the owner must apply to the director for an evaluation and
confirmation of the reduction.

4.8.10 Acceptable locations for off-street parking.
All required parking spaces must be located on an all-weather surface.
A. Single-Family Uses. Within single-family and two-family dwellings, the parking or storage of vehicles
shall be prohibited except on an all-weather surface. Off-site location of required parking spaces is
prohibited. Unenclosed parking spaces may occupy a side yard, and no more than fifty percent (50%) of
a required rear yard. A maximum of two (2) spaces may be permitted adjoining the entrance to a front
entry garage or carport or adjoining the end of a driveway whenever no garage or carport exists.
Garage and carport spaces may count toward the minimum required spaces in single-family districts.
1. Within single-family districts when utilized for other than a single-family dwelling, the parking or
storage of vehicles shall be located in accordance with the office/institutional uses requirements.

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Parking or storage of a junk or salvage vehicle shall constitute an unlawful use except that no
more than two (2) such vehicles shall be permitted if parked or stored in a garage or carport not
visible from a street or adjacent residential property.
B. Residential Townhouse Developments. Individually subdivided parcels shall adhere to single-family
district standards except that no off-street parking or driveways shall be located within ten (10) feet of
any perimeter lot line. Garage carport spaces count toward the minimum required spaces.
C. Multifamily Apartments or Condos Developments. No off-street parking shall be permitted within the
required setback for the front yard and the side corner yard. Driveways shall not be located nearer
than ten (10) feet to any side or rear property line. No off-street parking space shall be located within
twenty-five (25) feet of any side or rear property line adjacent to a single-family dwelling district or use,
nor within ten (10) feet of any other property line.
D. Office/Institutional Uses. No off-street parking shall be permitted within the required setback for the
front yard and the side corner yard. No off-street parking shall be permitted within twenty-five (25)
feet of any property line which adjoins a single-family residential district or use. Off-street loading
areas shall be provided in the rear or interior side yards.
E. Commercial Uses. Uses devoted to commercial establishments shall provide no off-street parking
within twenty-five (25) feet of any property line that adjoins a residential district or use and off-street
loading areas shall be provided in the rear or interior side yards.
1. Industrial Uses. Uses devoted to manufacturing, warehousing, commercial and other uses
permitted in industrial districts shall provide no off-street parking within twenty-five (25) feet of
any property line which adjoins a residential use or district.

4.8.11 Limitation on trucks.
Except for trucks used in farming the property on which they are located, or trucks used in conjunction with
a permitted use, trucks and/or trailers exceeding four (4) tons empty weight shall not be stored or parked in any
residential zoning district unless engaged in moving household goods or making deliveries.

4.8.13 Off-site location of required parking.
A. The required accessory off-street parking facility shall be located on the same lot as the use for which it is
provided or on a lot within four hundred (400) feet of the nearest boundary of the lot upon which the use is
located measured by a straight line between the two (2) points.
B. The separate lot upon which such accessory parking facilities are provided shall be in the same ownership or
control as the building or use to which the parking facilities are accessory.

4.8.14 Parking in landscape areas and buffers.
No required parking shall be permitted in any required landscape area or buffer.

4.8.15 Reserved.

4.8.16 Off-street parking design requirements angled or parallel parking.
Aisles serving off-street parking shall be no fewer than twenty-two (22) feet in width, except that aisles
designed for one-way circulation systems shall be no fewer than fourteen (14) feet in width for 0- to 45-degree
parking, eighteen (18) feet in width for 46- to 60-degree parking and twenty-two (22) feet in width for 61- to 90-

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degree parking. A standard parking space shall measure no fewer than one hundred fifty-three (153) square feet
and shall be no fewer than eight and one-half (8.5) feet wide. Twenty percent (20%) of the total parking spaces
may be designated as compact car spaces. A compact space shall measure a minimum of one hundred twenty
(120) square feet with a minimum width of eight (8) feet. Each compact space shall be clearly marked. No part of a
vehicle shall overhang into a landscaped portion of a required landscape area.

4.8.17 Parking structures.
A. Where practicable, the ground floor facade of any parking structure abutting a street or walkway shall be
wrapped with retail or office uses. Where appropriate, liner buildings shielding the garage from public view
should be considered.
B. Facades shall be designed and architecturally detailed to be compatible and complementary to other uses
within the district.
C. When fronting a street, windows or other openings shall be provided.

4.8.18 Bicycle standards.
A. Bicycle parking should be located within all mixed-use developments and conveniently located near the most
convenient automobile spaces (other than those spaces for persons with disabilities).
B. Bicycle parking should be an integral part of the overall site layout and designed to minimize visual clutter.
C. Bicycle parking should be provided in a well-lighted area.
D. Ideally, bicycle parking spaces outside of a building should be located within a one hundred-foot diameter of
the primary building entrance.
E. Bicycle parking areas should, preferably, afford a four-foot-wide access aisle to ensure safe access to spaces.
F. All bicycle racks and lockers should be securely anchored to the ground or building structure.

4.8.19 Parking and storage of major recreational equipment.
A. Major recreational equipment and vehicles, such as boats, recreational vehicles (RVs), and trailers, may be
parked or stored on side yards or rear yards or in a carport or enclosed building; provided, however, that
such equipment may be parked anywhere on residential premises for a period not to exceed twenty-four
(24) hours during loading or unloading. In the case of a corner lot, no vehicles may be parked or stored in the
side yard on the street side of the lot.
B. The community development director is authorized to allow such equipment to be used as living quarters in
the following situations, provided that adequate documentation is provided prior to establishing them:
1. Family hardships and catastrophic events.
2. Temporary dwelling when a primary structure is being built or modified on the same property.
3. No more than one (1) such vehicle is allowed to be occupied on-site at any one (1) time. No separate
permanent utility hook-ups or fixtures may be installed at any time. Furthermore, no recreational
vehicle shall create a safety hazard, including blocking, or otherwise obstructing, public rights-of-way or
sidewalks. Such equipment may be used for a period not to exceed ninety (90) consecutive days.

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4.8.20 Parking and storage of commercial vehicles.
Parking, storing, or maintaining any commercial vehicle shall be prohibited in all residential lots, residential
complexes, developments, or subdivisions, and in all residential zoning districts.

4.8.21 Electrical vehicle charging stations (EVCS).
A. It is strongly encouraged, but not required under this ordinance, that a minimum of one (1) accessible EV
charging station be provided.
B. Accessible EV charging stations should have a barrier-free route of travel and be in close proximity to the
building. It is not necessary to designate the accessible EV charging station exclusively for disabled users.
Separate from these regulations, the Americans with Disabilities Act (ADA) may require EV charging stations
to meet accessibility requirements.
C. EV charging stations do not impact the number of minimum or maximum vehicle spaces required, as
provided.

4.8.22 Encroachment on public rights-of-way.
No building, structure, fence, service area, parking facility/area, loading area, except driveways shall be
permitted to encroach on public right-of-way. All permanent structures or inorganic objects that are placed near,
but not within the right-of-way, shall be located as to not obstruct, hinder or impede the view or movement of
pedestrian and vehicular traffic as to become a nuisance, danger or hazard to the public.

Chapter 5 SIGN STANDARDS

5.1 Purpose.
The purpose of this chapter is set forth as follows herein:
A. A comprehensive sign regulation is necessary because of the current burgeoning growth in Stockbridge
and Henry County in general and because two (2) major interstate highways run through the city and
attract numerous signs, leading to poor aesthetics and dropping property values.
B. To prevent the further deterioration of the city and to ensure that it remains an attractive residential
area as well as a viable commercial area, it is necessary to maintain a visually satisfying environment. A
plethora of signs of a certain size and number, no matter how tasteful, can have an undesirable effect
upon traffic safety and the well-being of the entire community. The city is more likely to attract
commercial enterprises and permanent residents if it improves and maintains its appearance. City
residents will ultimately benefit from enhanced retail and commercial environments and
improvements in the quality of life as a result of these regulations. It is a rational desire of the
community, and most specifically of those who live therein from day to day, to plan their physical
surroundings in such a way that unsightliness is minimized.
C. Further, the city has an obligation and a right to protect the rights of adjoining landowners to adequate
light and air, to promote desirable living conditions and sustain stability of neighborhoods, to protect
property against blight and deprivation, and to encourage the most appropriate use of land, buildings,
and other structures throughout the city.
D. Accordingly, in consideration of the city's rights and obligations to promote traffic safety, to preserve
property values, to provide for the convenience and enjoyment of public travel, to eliminate

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annoyance to travelers, to attract tourists, residents, and industry, to serve the public health, safety
and morals, to advance the general prosperity of the community, and to serve the general welfare, the
city council hereby imposes the sign regulations contained in this article.
E. The city council finds that there is a compelling State interest in the city and State being able to safely
regulate the speed, direction and flow of vehicular and pedestrian traffic in and around public roads,
streets and sidewalks, and quasi-public roads, streets and sidewalks in private property where the
general public, invited by the owner, routinely and customarily to enters, transverses, and parks by
vehicle and/or by foot. The city has a compelling State interest in the public safety and welfare of
motorist and pedestrians in these areas, the safe and expedient access of public safety vehicles such as
police, fire and rescue equipment to such areas. The city has a compelling State interest to regulate
vehicular and pedestrian traffic such as to prevent or minimize collisions and the injury or death to
persons caused thereby, or the damage to property, both public and private. Therefore, the city
determines that there is a compelling State interest in the city's police chief regulating the type, traffic
control message and placement of all traffic control signs and devices in the areas described above.
The city also has a compelling State interest in insuring that private entities are not allowed to display
in the areas described above, signs that imitate or emulate traffic instructional and control signs,
devices or messages in such a way as may reasonably be mistaken by the public as true traffic control
signs or devices, and thereby could reasonably be expected to cause a motorist or pedestrian to make
an improper maneuver which will place the motorist or pedestrian or other motorist or pedestrian in
danger of collision or injury due to such improper maneuver. Therefore, the city has a compelling State
interest in regulating such signs in the areas described above which imitate or emulate a traffic
instructional and control sign or device and which may reasonably be confusing to motorists or
pedestrians in these areas.
F. The city's intention in enacting sign legislation has never been directed at nor enforced against the
content of the signs; but, has rather focused on the physical characteristics of the sign structures.
G. The city finds that some signage has a single targeted function and that identification of such signage
by description is impossible without referring to its function. For instance, signs at the entrances to
subdivisions of developments are for the purpose of providing guidance and to enable both the
traveling public and public safety personnel responding to emergencies to quickly locate entrances for
the purpose of either visitation or responding to emergency calls. While such signage is referenced
based upon the function it serves within the context of this chapter, the provisions of this chapter are
unrelated to the content of the speech provided and allow the maximum expressive potential to sign
owners. The city further finds that holiday decorations are not signs, but rather seasonal
ornamentation not controlled by this chapter.
H. The city council finds that signs provide an important medium through which individuals and entities
may convey a variety of noncommercial and commercial messages. However, left completely
unregulated, signs can become a threat to public safety as well as a traffic hazard. Such signs may also
constitute an aesthetic nuisance and be a detriment to property values and the city's public welfare.
The city council intends by enacting this chapter to:
1. Balance the rights of individuals and entities to convey their message through signs and the right
of the public to be protected against the unrestricted proliferation of signs;
2. Protect the public health, safety, and welfare, and the aesthetics of the city;
3. Further the objectives of the city's comprehensive plan;
4. Reduce traffic and pedestrian hazards;
5. Improve pedestrian and traffic safety;
6. Maintain the historical image of the city;

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7. Protect property values by minimizing the potentially adverse effects and visual blight caused by
signs;
8. Promote economic development;
9. Protect the public traveling along the highways from distractions, aesthetic desecration, and
nuisances, all associated with the proliferation of signs in a concentrated area along the highway
(Turner Communications Corp. v. Georgia Dept. of Transp., 139 Ga. App. 436, 228 S.E.2d 399
(1976)); and
10. Ensure the fair and consistent enforcement of sign regulations.

5.2 Definitions.
For the purposes of this article, the definitions contained in this chapter shall control. In addition, the
following words and phrases shall have the meanings respectively ascribed to them below, unless the context
clearly indicates a contrary meaning:
"Aerial view sign" means any sign which is designed primarily to be viewed from the sky from an airplane,
helicopter, etc. This includes, but is not limited to, any sign horizontally affixed to a roof or attached to a roof such
that the sign is not readily viewable from the surrounding ground.
"Aggregate signable area" means the sum total of the signable area of any and all signs, for a given lot. Street
numbers assigned by the United States Postal Service shall not be considered in calculating the aggregate signable
area.
"Animated sign" means a sign employing actual motion, the illusion of motion, or light and/or color changes
achieved through mechanical, hand-powered, or electronic means, including wind-activated elements such as
spinners and aerial devices, to depict action or create a special effect or scene.
"Awning or canopy sign" means any sign on a cloth, metal, plastic, or other cover designed to shade a
window or entrances and attached to any structure. See also "mounted signs."
"Back to back sign" means a sign with two (2) parallel sign faces oriented in opposite directions.
"Banner sign" means a flexible substrate on which message copies and graphics may be displayed, attached
to buildings or freestanding structure. Banner signs are always temporary, for thirty (30) days. See also the
definition for "temporary signs."
"Bench sign" means a sign applied or affixed to the seat or back of a bench.
"Billboard" means a sign which may be supported by a pole structure, with an area of more than seventy-two
(72) square feet but not more than six hundred seventy-two (672) square feet, on parcels adjacent to Interstate 75
and/or Interstate 675 as located within the city limits of Stockbridge.
"Building facade" means the portion of any exterior elevation of a building extending vertically from grade to
the top of a parapet wall or eaves and horizontally across the entire width of the building elevation.
(a) "Primary facade" means the exterior wall of the building that faces the main parking area or street and
includes the primary entrance into the building. If the building faces more than one (1) parking area or
street, the largest exterior wall of the building with a primary entrance which is most nearly parallel to
the widest street or largest parking area to which the building faces.
(b) "Secondary facade" means any exterior wall of a building with street frontage that does not contain
the primary entrance to the building.
"Building frontage" means the linear feet of the exterior wall of a building that faces any road or street that
provides a means of direct ingress and egress to the lot.

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"Business frontage" means that portion of a building frontage occupied by a single tenant space having a
public entrance within the building frontage.
"Business subdivision" means a single parcel on which multiple businesses are located, or multiple connected
parcels on which businesses are located and where the owners of the parcels share any common property.
"Candela" or "candle" means the basic unit of measurement of light.
"Changeable copy sign" means a sign with the capability of copy change or rearrangement by means of
manual or remote input or boards or backgrounds upon which changeable letters may be placed, without altering
the face or the surface of the sign, includes the following types:
(a) "Manually activated" means changeable sign whose message copy can be changed manually on a
display surface.
"Canopy" or "awning." See "awning or canopy sign."
"Copy" means the graphic content or message of a sign.
"Decal" means a picture, design or label made to be transferred (as to glass, wood, metal, or any other hard
object) from specially prepared paper.
"Decision date" means the date upon which the director of community development or the designee makes
a final decision on the approval or denial of a sign.
"Digital or electronic sign." See "changeable copy sign, electronically-activated" or a sign that incorporates a
technology or method that allows for one (1) or multiple messages on one (1) structure without physically or
mechanically replacing sign face or its components. Electronic or digital signs/message boards generally take the
form of LED, LCD, plasma or other similar type panels, screens or displays, which function like TV screens, and
show messages that change intermittently by computer controller, microprocessor controller or by remote
control.
"Eave" means the projecting lower edges of a roof overhanging the wall of a building.
"Entrance sign" means any sign placed at the intersection of a public street and a public or private entryway
into developments including, but not limited to, an apartment complex, condominium complex, office complex,
industrial complex, residential subdivision, or other building or buildings with multi-family residential dwelling
units or multiple commercial units.
"Erect" means to build, paint, construct, attach, hang, place, suspend, assemble, or affix.
"Externally-illuminated signs" means any sign illuminated by an external light source directed primarily
toward such sign.
"Facade" means the front of a building, facing the primary or secondary street.
"Fall zone" means an area that is equal to one hundred thirty-three percent (133%) of the height of the sign
in every direction.
"Feather flag sign" means a temporary banner sign in the shape of a feather or banana installed on a single
post and manufactured of lightweight material designed to move with the wind. This is a type of temporary sign.
"Flag" means a usually rectangular piece of fabric or bunting containing distinctive colors, patterns, symbols
or designs that is part of, or attached, to a pole.
"Flashing sign" means any sign whose message or appearance scrolls, flashes, rotates, or changes, or whose
Illumination changes in intensity more often than once every fifteen (15) seconds, including, but not limited to,
reader boards.

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"Ground sign" means any sign principally supported by uprights or braces which are permanently placed into
the ground, and not supported by or suspended from any building. May also be referenced as freestanding or
monument sign.
(a) "Monument sign" means a freestanding sign of which the entire bottom of the sign is generally in
contact with or in close proximity to the ground providing a solid and continuous background for the
sign face from the ground to the top of the sign. The structure shall be at least as wide as the sign and
shall be constructed of brick, stone, or an architectural masonry material. Does not include pole or
pylon signs.

(b) "Pylon or pole sign" means a freestanding sign, usually double-faced, mounted on one (1) or two (2)
supports above ground level.

"Hand-held signs" means any sign larger than six (6) inches by six (6) inches carried by a human appendage or
prosthesis. Also called portable signs.
"Hanging sign" means a sign that hangs beneath a marquee, canopy, or awning and is perpendicular to the
building face. Also known as a blade sign. See also "mounted signs."
"Height" means the vertical distance measured from the lowest adjacent grade to the highest point of the
sign or sign structure.
"Inflatable signs" means a sign that is intended to be expanded by air or other gas for its proper display
except balloons of three (3) cubic feet or less.
"Internal signs" means signs not visible from a public right-of-way and located within a development or
subdivision.
"Internally illuminated signs" means any sign which has characters, letters, figures, designs or outlines
illuminated by electric lights or luminous tubes located within the interior parts of the sign.
"Lot" means a single tax parcel as shown on Henry County's tax map.
"Marquee sign." See "flashing sign."
"Mobile sign" means any sign that is either part of or otherwise affixed to any trailer or vehicle, whether
motorized or non-motorized.
"Monument sign" means a freestanding sign of which the entire bottom of the sign is generally in contact
with or in close proximity to the ground providing a solid and continuous background for the sign face from the

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ground to the top of the sign. The structure shall be at least as wide as the sign and shall be constructed of brick,
stone, or an architectural masonry material. Does not include pole or pylon signs. See also ground signs.
"Mounted sign" means a sign that is permanently attached to a building.
(a) "Awning or canopy sign" means any sign on a cloth, metal, plastic, or other cover designed to shade a
window or entrances and attached to any structure.

(b) "Hanging sign" means a sign that hangs beneath a marquee, canopy, or awning and is perpendicular to
the building face. Also known as a blade sign.

(c) "Projecting sign" means any sign which is attached perpendicular to a building or other structure and
extends beyond the line of the building or structure or beyond the surface of that portion of the
building or structure to which it is attached. Also called a shingle sign.

(d) "Roof sign" means any sign that is erected upon and above a roof structure and wholly supported by
the roof structure or a structure placed upon the roof.

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(e) "Wall sign" means any sign which is attached parallel to or painted on an exterior building wall, which
may include a door. Also called a "fascia sign."

"Multi-faced sign" means a sign with sign face surfaces that are parallel and are back to back or where the
interior angle formed by the faces is forty-five (45) degrees or less.
"Non-combustible material" means any material which will not ignite at or below a temperature of one
thousand two hundred (1,200) degrees Fahrenheit and will not continue to burn or glow at that temperature.
"Nonconforming sign" means signs that were approved or legally erected under previous sign restrictions,
and which became or have become nonconforming to the provisions of this article at the date of adoption of
same.
"Portable signs" means a sign designed to be transported or easily relocated and not permanently attached
to the ground and not otherwise permanently affixed to it as otherwise required by the building code. See
"temporary sign."
"Primary facade" means the exterior wall of the building that faces the main parking area or street and
includes the primary entrance into the building. If the building faces more than one (1) parking area or street, the
largest exterior wall of the building with a primary entrance which is most nearly parallel to the widest street or
largest parking area to which the building faces. See also "building facade."
"Projecting sign" means any sign which is attached perpendicular to a building or other structure and extends
beyond the line of the building or structure or beyond the surface of that portion of the building or structure to
which it is attached. Also called a shingle sign. See also mounted signs.
"Pylon" or "pole sign" means a freestanding sign, usually double-faced, mounted on one (1) or two (2)
supports above ground level. See ground signs.
"Reflectors" means any device created for the purpose of reflecting light directed at the device so as to
render the device especially visible.
"Residence" means a home, abode, or place where an individual is actually living on a non-temporary basis.
"Roof sign" means any sign erected upon and above a roof structure and wholly supported by the roof
structure or a structure placed upon the roof. See also "mounted signs."
"Secondary facade" means any exterior wall of a building with street frontage that does not contain the
primary entrance to the building.
"Sidewalk sign" means a movable sign with the structure constructed in an a-frame or easel design that is not
secured or attached to the ground or surface upon which it is located by a permanent foundation. Also called a
sandwich sign.
"Sign" means every device, item, product, frame, letter, figure, character, mark, plane, point, design, picture,
stroke, stripe, trademark, or reading matter, which is used or intended to be used to attract attention or convey
information when the same is placed in view of the general public. For the purpose of determining number of
signs, a single display surface or a single display device containing different elements that are organized, related,

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and composed to form a unit shall be considered to be one (1) sign. Where different elements are displayed in a
random manner without an organized relationship to each other, or where there is reasonable doubt as to the
relationship of different elements to each other, each element shall be considered to be a single separate sign.
"Signable area" means the total area upon which a message is displayed on any sign. The area of a sign shall
be computed as the area within the smallest continuous polygon comprised of not more than eight (8) straight
lines enclosing the limits of a sign face, together with any sign face cabinet or frame or material, texture, or color
forming an integral part of the sign face used to differentiate the sign face from the structure upon which it is
placed. If polygons established around wall signs located on the same street oriented wall are within twenty-four
(24) inches or less of one another, then the area of the sign shall be measured within one (1) continuous polygon.
"Snipe sign" means any sign of any material whatsoever that is attached in any way to or placed upon a
utility pole, tree, mailbox, or similar structure situated on public or private property.
"Stake sign" means any temporary sign supported by at least one (1) upright placed into the ground, and not
supported by or suspended from any building with signable area not greater than eight (8) square feet.
"Standard informational sign" means a sign not permanently installed in the ground with an area of not
greater than four (4) square feet, with a sign face made for short term use, containing no reflecting elements, flags,
or projections and which, when erect, stands at a height not greater than three (3) feet and is mounted on a stake
or metal frame with a thickness or diameter not greater than one and one-half (1½) inches.
"Store front" means the primary facade of a single, undivided unit located within a commercial center or
business park.
"Submission date" means the date stamped on a sign application indicating the date the application was
actually received.
"Suspended sign." See "projecting sign" or "swinging sign."
"Swinging sign" means any sign which is mounted such that the sign may freely move back and forth.
"Temporary sign" means any sign or device which is not permanently attached to the ground or other
permanent structure, which is designed to be mobile or is designed to remain in place for a limited time. This
includes, but is not limited to, signs which are designed to be transported regularly from one (1) location to
another, signs which are designed with wheels, regardless of whether the wheels remain attached to the sign, or
signs tethered to an existing structure. These signs include, but are not limited to, balloons and banners.
"Tenant frontage" means the horizontal distance in feet between the left-side wall and the right-side wall or
building end wall of a tenant space fronting on a street.
"Vehicular sign" means any sign placed on, mounted on, painted on or affixed to a motor vehicle, freight,
flatbed or storage trailer or other conveyance when same are placed or parked in such a manner as to be viewed
or intended. Also referred to as a "mobile sign."
"Wall sign" means any sign which is attached parallel to or painted on an exterior building wall, which may
include a door. See also "mounted signs."
"Window sign" means any sign displayed to an outside observer on or through a window or covering a
window, which may include a door.
"Zoning district" means the use classification of parcels of land as defined under the city's zoning map
generally.

5.3 Applications and permits.
A. Administration. The provisions of this article shall be administered by the director of community
development of the City of Stockbridge, Georgia, or his/her designee.

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B. Application Requirements. All sign permit applications shall be submitted to the director of community
development of the City of Stockbridge, rather than to Henry County. Such applications for businesses will
not be processed unless the business has a current business license. All applications for sign permits must be
complete and contain all required information, as is set forth in this article.
C. Permit Application. Application for permits to erect signs shall be made upon forms that are provided by the
director of community development or his/her designee and shall contain or have attached thereto the
following information:
1. Name, address, and telephone number of the applicant;
2. Address of building, structure, or lot to where the sign is to be attached or erected, as well as the
zoning district in which the proposed sign is located within and a statement of compliance of all
requirements of the zoning district as stated in this chapter;
3. The proposed sign type as defined in this chapter;
4. Position of the sign in relation to nearby buildings or structures, property lines, and other signs located
on the lot showing compliance with all setback lines required by the city;
5. A site plan must be submitted to show the location of the proposed sign on the property.
6. Digital copies of accurately scaled color drawings of the plans, contents, specifications, and method of
construction and attachment to the building or the ground for the sign, as well as a scaled digital
drawing of the site showing drives, structures, landscaping, and any other limiting site features,
including the computation of total area and dimensions of the proposed sign, and an indication of
whether the sign will be illuminated and description of illumination;
7. A drawing or photograph of the primary facade of the building, showing the following measurements
for the building or canopy/awning:
a. The primary and secondary facades (heights and widths).
b. The proposed sign structure.
c. The proposed lettering on the sign. The lettering may be up to eighteen (18) inches high.
8. Name of person, firm, corporation, or association erecting the sign (i.e. contractor or builder);
9. Written consent of the owner of the building or lot upon which the sign is to be erected;
10. A written list describing all other signs located on the lot indicating the sign type, size, and placement,
including photographs of existing building frontage and signage on lot; and
11. Such other information as may reasonably be required for the permitting process relating to the sign to
be permitted, the lot upon which the sign is to be placed, and/or the placement of the sign and the
effects thereof on traffic patterns, pedestrians, and/or general aesthetics.
D. Permit Required. It shall be unlawful for any person to erect, repair, alter, relocate, or maintain any sign as
defined in this article without a permit, except for those signs identified under Section 13.4.
E. Required Fees. No permit shall be issued until the appropriate application has been filed and fees for such
permit are paid, which shall be fixed from time to time by city council.
F. Issuance and Denial of Permits.
1. All sign permit applications shall be initially reviewed by the director of community development or
his/her designee within fifteen (15) business days of the department's actual receipt of a complete and
accurate application and remittance of the appropriate sign permit fees. One (1) or more resubmittals
may be required thereafter.

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2. Any application that is incomplete, inaccurate, that contains false material statements or omissions, or
that is submitted for a sign which would violate any standard within this article shall be rejected within
thirty (30) business days of receipt of said application.
3. The director or the designee shall give notice to the applicant of a decision to approve or deny the sign
permit by hand delivery, electronic mail (email), or certified mail return receipt requested to the
address on the permit sent on or before the forty-fifth business day of a complete application.
4. Provided that the sign application is complete and accurate, all fees have been paid, and the proposed
sign and the lot upon which the sign is to be placed are within all the requirements of this article and all
other ordinances of the city and other applicable laws and building codes, the director or the designee
shall approve the sign permit application.
5. A rejected application later resubmitted in conformity with this article shall be deemed to have been
submitted on the date of resubmission, instead of the original submission date. An application which is
resubmitted shall meet all the standards for an original application.
G. Time Period. If the work authorized under a permit has not been initiated within six (6) months of the date of
issuance, or if such work does not comply with building code and construction standards listed in Title 8 of
the City of Stockbridge Code, the permit shall become null and void.
H. Display of Identification Number. Every sign constructed, erected, or maintained for which a permit is
required by this article shall be plainly marked with the identification number issued by the director or the
designee for the structure firmly affixed to the sign in such manner that the identification number shall be
readily visible, accessible for inspection and durable.
1. Altering identification number. Displaying an identification number that has been tampered with,
altered, or mutilated, or displaying a sign without an identification number shall be a misdemeanor
offense punishable in municipal court.
I. Appeals.
1. The grant, rejection or denial of a sign permit by the director or the designee may be appealed to the
city council pursuant to Section 10.3, Appeal of Administrative Actions of this Code. Such appeal shall
be in writing and shall be filed with the director of community development, within ten (10) days of the
decision being appealed. The city council shall make its final determination on the appeal within ten
(10) days of the close of the hearing.
2. Any appeal of a decision of the city council under this chapter shall be via petition for a writ of
certiorari to superior court within thirty (30) days after the date of the written decision.

5.4 Signs which require no permit.
A. The following signs shall not require a permit provided, however, that such signs shall be subject to all other
provisions of this article:
1. Wall or window signs that are one (1) square foot in size, and smaller.
2. The replacement of removable sign panels within a sign structure, such that the sign structure is not
replaced or modified in any way. This includes, but is not limited to, replacement of a panel within a
multi-tenant sign, or replacement of a panel within a wall sign when the replacement of such panels
does not require replacement or modification of the sign structure.
3. Temporary stake signs not exceeding four (4) square feet.
4. Hand held signs.
5. Standard informational signs:

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a. Residential Lots. Each lot may display two (2) standard information signs without a permit.
b. Nonresidential Lots. Each lot having one (1) business may display two (2) standard information
signs, and each lot having more than one (1) business may display four (4) standard information
signs without a permit.
B. The following signs are exempt from all provisions of this article:
1. Decals that are affixed to buildings or structures, or signs that are painted on equipment, fuel pumps,
or other types of vending equipment that is used for dispensing retail products, provided that such
decals or signs have a signable area not exceeding four (4) square feet on any single piece of
equipment.

5.5 Prohibited signs.
It shall be unlawful for any person to erect the following signs in the city:
1. Animated signs or attention-getting devices, including flashing, action, motion, or changing color or
light intensity;
2. Signs attached to a statue, fence, wall, tree, vehicle, or other similar structure;
3. Aerial view signs;
4. Pole or pylon signs;
5. Roof signs;
6. Mobile signs that are visible from any public right-of-way;
7. Signs which contain or are in imitation of an official traffic control sign or signal or contain the words
"stop," "go," "slow," "danger," "detour," "speed limit," "yield" or similar words intended to direct or
regulate traffic;
8. Inflatable signs or objects;
9. Snipe signs (homemade signs);
10. Neon-illuminated signage;
11. Any signs that are placed in, or extending into, a public right-of-way;
12. Any abandoned or non-maintained signs in visible disrepair;
13. Beacons, search lights, lasers;
14. Signs located on the railroad right-of-way; or
15. Signs not in good repair, in violation of codes, or containing or exhibiting broken panels, visible rust,
visible rot, damaged support structures, or missing letters.

5.6 Construction standards—All signs.
A. Building Code Compliance. All signs shall be constructed and maintained in accordance with the provisions of
the city's building code.
B. Materials Required. All ground signs for which a permit is required by this article, except those otherwise
referred to in this chapter and temporary signs, shall be constructed of brick, stone, stucco, or architectural
masonry material.

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C. Illumination.
1. Nonresidential districts:
a. Types of Illumination. No sign shall be illuminated by neon lights, by lights that flash, move,
change in intensity, or turn on intermittently more than once per day, except letters or numbers
that are not greater than twelve (12) inches in height and do not have a display area greater than
two (2) square feet which may change no more than one (1) time every sixty (60) seconds.
b. Orientation of Illumination. To prevent glare visible from a public street or adjoining property,
the beam of any light shall be directed so as not to be visible beyond the sign at which it is
directed, and the light source shall not be visible from any point on an adjacent property or the
public right-of-way.
c. Brightness. Light from any illuminated sign shall not be more than 0.5 footcandles intensity or
brightness which will interfere with the peace, comfort, convenience, and general welfare of
residents or occupants of adjacent properties
2. Residential districts. Signs located in residential districts shall not be illuminated other than signs at the
entrance of the subdivision.
3. Internal illumination. Signs internally illuminated shall not exceed twenty (20) footcandles of
incandescent light measured at a distance of ten (10) feet from such structure.
4. External illumination. Signs externally illuminated shall be lighted so that no lights are positioned in
such a manner that light glares or shines into the eyes of motorists or pedestrians so as to create a
hazardous or dangerous condition.
D. Construction Near or on a Lot Containing an Existing Billboard or Pylon.
1. Construction of any structure, building, or appurtenance adjacent to, or on a lot containing an
interstate sign, billboard, pylon or ground sign under the standards of this provision shall require that:
a. No buildings, structures, or appurtenances may be constructed within the "fall zone" of such sign.
A "fall zone" is defined as an area equal to one hundred thirty-three percent (133%) of the height
of the sign in every direction.
b. No subdivision of a parcel containing a billboard shall be permitted unless the subdivided lot
containing the billboard is large enough to encompass the "fall zone" of such billboard.
2. Construction of any interstate sign, billboard, pylon, or ground sign on a lot containing any structure,
building, or appurtenance under the standards of this provision shall require that:
a. No sign may be constructed where a building, structure or appurtenance will be located within
the "fall zone" of the sign. A "fall zone" is defined as an area equal to one hundred thirty-three
percent (133%) of the height of the sign in every direction.
b. No subdivision of a parcel containing an interstate sign, billboard, pylon or ground sign shall be
permitted unless the subdivided lot containing the sign is large enough to encompass the "fall
zone" of such sign.
E. Maintenance required. All signs, together with all supports, braces, guys, and anchors shall be kept in good
repair and be maintained in a safe condition. All signs and the site upon which they are located shall be
maintained in a neat, clean, and attractive condition. Signs shall be kept free from excessive rust, corrosion,
peeling paint or other surface deterioration. The display surfaces of all signs shall be kept neatly painted or
posted. Signs which are faded, torn, damaged or otherwise unsightly or in a state of disrepair shall be
immediately repaired or removed.

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5.7 Sign measurement.
A. Area. The area of a sign shall be computed as the area within the smallest continuous polygon comprised of
not more than eight (8) straight lines enclosing the limits of a sign face, together with any sign face cabinet or
frame or material, texture, or color forming an integral part of the sign face used to differentiate the sign
area from the structure upon which it is placed. If polygons established around wall signs located on the
same street-oriented wall are within twenty-four (24) inches or less of one another, then the area of the sign
shall be measured within one (1) continuous polygon.
B. Height. The height of a sign shall be computed as the distance from the base of the sign structure at normal
grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the
lower of:
1. Existing grade prior to construction; or
2. The newly established grade after construction, exclusive of any filling, beaming, mounding, or
excavating solely for the purpose of locating the sign.
In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the
assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest
point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on
the zoned lot, whichever is greater (surveyor's certificate required). Where the normal grade is below the normal
grade of a public street, the sign base can be raised to the elevation of the normal grade of the street before the
height limitations are applied (surveyor's certificate required). At no time shall any sign's overall height exceed the
zoning district's height limitations. Any portion of such wall or other decorative structure that is discernibly
devoted to the support of the sign or, by its design or architectural treatment, intended to provide a background
or frame for the sign shall be included when computing sign height.
C. Structure. The computation of the area of a sign face shall not include the structure, supports, or uprights on
which the sign face is placed or any portions of a sign structure that are not intended to contain any message
or idea and are purely structural or decorative in nature, other than those parts contained within the
polygon that delineates the sign face.
D. Multi-Faced Signs. For multi-faced signs, when the sign face surfaces are parallel and are back-to-back, or
where the interior angle formed by the faces is forty-five (45) degrees or less, the area of the sign shall be
taken as the area on the largest side. For all other multi-faced signs, the area of the sign shall be the total
area on all sides that can be viewed at one (1) time from any angle.
E. Sign Area Examples. The following illustrations show examples of the locations of the "sign area" on different
types of buildings or structures.

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5.8 Special requirements; all signs.
A. All Signs Must be Placed Upon a Lot. No sign may be placed on any lot, which lot does not meet the
minimum requirements of the zoning ordinance and subdivision regulations of the Code of Stockbridge,
Georgia.
B. Obstruction to Doors, Windows, or Fire Escapes. No sign shall be erected, relocated, or maintained so as to
prevent free ingress to, or egress from, any door, window, or fire escape; nor shall any sign be attached to
any standpipe or fire escape.
C. All signs located adjacent to a walkway shall be placed so that the bottom of the sign is at least eight (8) feet
above the walkway on private property over which it is erected, and no sign shall extend nearer than one (1)
foot from the curb line.
D. Sign Not to Constitute Traffic Hazard. No sign or other structure regulated by this article shall be erected at
the intersection of any streets in such a manner as to obstruct free and clear vision from vehicles thereupon;

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or be placed at any location where, by reason of the position, shape, or color, it may interfere with, obstruct
the view of, or be confused with, any authorized traffic sign, signal, or device; or make use of the words
"STOP," "DANGER," or any other word, phrase, symbol, or character in such manner as to interfere with,
mislead, or confuse motorists.
E. Posting on Trees, Poles, Etc. No sign shall be allowed to be tacked, painted, posted, marked, or otherwise
affixed on trees, utility poles, or other similar structures, or on rocks, the ground itself, or other natural
features.
F. No Posting on Supports. No sign may be displayed on any portion of the structural supports of any sign.
G. Maintenance. All signs regulated by this article shall be kept clean, neatly painted, and free from all electrical
and mechanical hazards, including, but not limited to, faulty wiring and loose connections, and the premises
surrounding the signs shall be maintained by the owner in a sanitary and inoffensive condition, free and clear
of all weeds, rubbish, and debris.
H. Special Situations. Those developments which include at least one (1) building of three (3) stories or more
may be permitted wall signs in sizes not exceeding one hundred (100) square feet per primary and secondary
facade. The sign allowance provided under this subsection shall be exempt from the aggregate signage
allowed per lot.

5.9 Special limitations by sign type.
In addition to the limitations set forth in the other sections of this article, the following limitations shall apply
to these specific types of signs:
A. Wall Signs. No wall sign shall cover wholly or partially any wall opening, nor project beyond the ends or
top of the wall to which it is attached.
B. Window Signs. Window signs must not exceed twenty-five percent (25%) of the total area of each
window in which a sign is placed.
C. Ground Signs.
1. All ground signs must be constructed as a monument style sign. Pole and pylon signs are
prohibited.
2. The structure of the monument sign shall be at least as wide as the sign face.
3. A monument sign shall have a three-foot landscape strip planted around its base.
4. All ground signs shall be constructed of brick, stone, stucco, or architectural masonry material.
5. For all commercial, office, industrial, and multifamily developments, address numbers shall be
posted on the top of the faces of the monument signs at the main entrance of the development.
For developments that contain multiple addresses and/or building numbers, the range of
addresses and/or building numbers shall be on the face of the monument. The numbers shall be
six (6) inches in height and the color shall contrast with the sign faces so as to be readily
identifiable.
D. Projecting Signs.
1. No projecting sign may be placed over streets, alleys, or ways available for vehicular traffic, or
extend into the public right-of-way.
2. All projecting signs must be installed at a ninety (90) degree angle to the building facade.
3. Projecting signs must vertically clear sidewalks by at least eight (8) feet and may project no more
than six (6) feet from a building.

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4. Projecting signs must not project above the roof line, or exceed ten (10) feet in height.
E. Temporary Signs.
1. A permit is required for all temporary signs unless otherwise specified in Section 5.4.
2. Temporary signs include hammer signs and feather-flag signs.
3. Temporary signs must be removed from the premises within thirty (30) days from the date the
sign is first placed on the lot.
4. No lot may have more than two (2) temporary signs on the lot at one (1) time, subject to the
maximum aggregate square footage allowed in Section 5.11.
5. No applicant may receive more than four (4) temporary sign permits in any one (1) calendar year
under this subsection.
6. All temporary signs shall be securely installed, and shall meet all applicable safety standards as
prescribed by the building code, electrical code or as promulgated by the city council or its
designated representative.
7. If any temporary sign is erected or maintained in such a manner so as to be in violation of this
article or any other ordinance or law of the city, the city may give written notice to the owner
thereof and to the owner of the property and premises upon which the sign is located that the
sign must be removed within three (3) days.
F. Awning/Canopy Signs.
1. Signs must be painted or installed directly on the valances of the awning or canopy.
2. Awning signs shall not have lettering or graphics exceeding eighteen (18) inches in height.
3. No awning sign may be internally illuminated.
4. The signable area of any awning sign shall not exceed twenty-five percent (25%) of the surface
area of the awning or canopy.
5. Awnings must be constructed of durable fabric or non-rigid material on a supporting framework.
6. Awnings must vertically clear sidewalks by at least eight (8) feet and may not extend further than
one (1) foot off the curb line.
G. Entrance or Subdivision Sign. All entrance signs shall be placed on private property and may not be
placed in the right-of-way.
H. Flags.
1. In-ground. A flag may be flown from a metal pole which is permanently placed in the ground. The
pole shall not exceed two and five-eighths (2⅝) inches in diameter, nor twenty (20) feet in height.
The flag flying from such pole shall not exceed three (3) feet in width and five (5) feet in length.
2. Projecting. A flag may be flown from a metal or wooden pole attached to a bracket projecting
from the side of a building or door frame. The pole shall not exceed six (6) feet in length, nor one
(1) inch in diameter. The flag flying from such pole shall not exceed three (3) feet in width and
five (5) feet in length. Additionally, the flag displayed in such manner shall not impede pedestrian
or vehicular traffic.
3. Limit. One (1) flag (either ground, projecting or hanging) may be flown or displayed on each
property which shall not count against the allocation of the ground, projecting or window signage
permitted for each property as described in Section 5.11. Any additional flags beyond the first

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flag flown on each property will count against the allocation of the ground, projecting, or window
signage permitted for the property as described in Section 5.11.
4. Nothing contained in this section shall be interpreted to prohibit or restrict the right to display
eligible flags as banners or signs as allowed elsewhere in the Code of Ordinances of the city.
I. Changeable Copy Signs.
1. In districts where changeable copy is allowed, it shall be limited to the ground sign only and may
incorporate up to twelve (12) square feet of the allowable sign area.
2. A parcel or lot is limited to one (1) changeable copy sign per lot.
3. No changeable copy sign may contain more than three (3) horizontal pieces of information that
shall change. Signs must contain static messages only, and shall not have movement nor flashing
on any part of the sign structure, design, or pictorial segment of the sign, nor shall such sign have
varying light intensity during the display of any single message.
4. Changeable copy shall not change more than once every twenty-four (24) hours.
J. Hand-held Signs. All hand-held signs shall meet the following regulations:
1. No hand-held signs shall be placed or carried which extend beyond the width of the carrier's
body or that extend more than six (6) inches above the carrier's head.
2. All persons carrying any such signs, shields or sandwich boards shall remain at least ten (10) feet
apart, shall remain at least ten (10) feet away from any doorway, driveway or street intersection
and shall not interfere with the general flow of traffic, whether pedestrian or vehicular.
K. Internal Signs. A maximum of four (4) internal signs (signs not visible from a public right-of-way) are
permitted adjacent to internal road(s) serving the development. Internal signs shall not exceed ten (10)
square feet and four (4) feet in height except those signs associated with hospitals and emergency care
facilities shall not exceed twenty (20) square feet in area.
L. Banners on City Property.
1. Banners shall be considered temporary signs as defined in Section 5.2 of the sign ordinance.
2. In addition to the special limitations found in Section 5.9 of the sign ordinance, banners placed on
city property shall be further regulated as follows:
a. Banners can be displayed for no more than forty-eight (48) hours after the event;
b. No person shall be permitted to display more than one (1) banner on the city's property,
and only one (1) banner shall be displayed on the city's property at any given time; and
c. No banner shall be any larger than sixty (60) square feet.

5.10 Variances for signs.
This section shall provide the exclusive procedures for granting variances to the requirements of this article
for signs.
A. Limitations. The planning and zoning commissionmayor and city council shall be allowed to grant
variances where a hardship has been demonstrated pursuant to the city's zoning ordinance. Said
variance or variances may only be granted as to number, setback, building material, size or sign style.
Variances may not be granted for sign height.
B. Timing. The city council shall hear and decide upon a variance within ninety (90) days of the submission
of a complete and accurate application.

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C. The mere existence of a nonconforming sign shall not constitute a valid reason to grant a variance.
D. The city council shall consider the following factors:
1. The size of buildings constructed on the subject lot;
2. The number of different tenants occupying the buildings;
3. Whether there exist extraordinary and exceptional conditions pertaining to the property in
question resulting from its size, shape, or topography that are not applicable to other lands or
structures in the area;
4. Whether granting a variance requested would confer upon the property of the applicant any
significant privileges that are denied to other similar properties. Furthermore, peculiar conditions
or circumstances which are the result of actions of the current or former owner(s) of the
property covered by the application cannot be considered as grounds to justify a variance.

5.11 Requirements by zoning classification.
In addition to all other regulations in this article, all signs must conform to the requirements and the tables
which are contained in this section.
A. All signs shall be required to be located within the required front yard of a principal structure and shall
not be permitted to extend beyond the front property line into the street right-of-way. The location of
signs shall not interfere with the view of a traffic signal or traffic vision. For traffic safety, signs shall not
be located within the triangular area on a corner lot formed by measuring fifteen (15) feet along both
street side property lines from their intersection.
B. In order to erect a second wall sign, a use must have frontage on two (2) publicly dedicated streets
(such as on a corner lot), with each street, including a legal curb cut, or be located within an end unit of
a building on any lot.
C. In order to erect a second monument/freestanding sign there must be a minimum lot area of one (1)
acre to permit a second such sign to be erected. In those instances where one (1) of the street
frontages is on a street serving a residential district, a second sign shall be prohibited.
D. Lots zoned RR, SR, CCR, and MHR (where a single residence is on the lot) and MFR (where a single
residence is on the lot).
1. The total of all signs shall not exceed four (4) signs of any allowed type per residential lot;
2. The following signs are prohibited, along with the prohibited signs designated in Section 5.5:
a. Projecting signs;
b. Awning signs;
c. Changeable copy signs;
d. Monument signs (except when used as subdivision entrance sign); and
e. Wall signs.
Table 5.11(A): Sign Requirements for RR, SR, CCR, MHR, and MFR Zoning Districts
Sign Requirements Window Sign Temporary Subdivision
Entrance Sign
Max height None 3' 6'
Max width None None None

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Max sq. ft. of signable 4 4 32
area
Total aggregate of all 16 16 None
signs
Max number of signs per 2 4 1 per entrance
lot
Required minimum None 1' 6'
setback from right-of-way
Required minimum None None 10'
setback from electrical
transmission lines

E. Multi-Family Residential Lots Zoned RM.
1. The total aggregate signable area allowed per lot must not exceed sixty-four (64) square feet.
2. The following signs are prohibited, along with the prohibited signs designated in Section 13.5:
a. Projecting signs;
b. Wall signs; and
c. Changeable copy signs.
Table 5.11(B): Sign Requirements for Multi-Family Residential Lots Zoned RM
Sign Requirements Window Sign Temporary Sign Monument
Entrance Sign
Max height None None 6'
Max width None None None
Max sq. ft. of signable 4 16 total (aggregate of all 32
area signs)
Total aggregate of all 16 16 None
signs
Max number of signs per 2 2 1 per entrance
unit
Required minimum None None 5'
setback from right-of-way
Required minimum None None 10'
setback from electrical
transmission lines

F. Commercial Lots Zoned C-1, C-2, and C-3 with Multiple Business Per Lot or Business Subdivision.
1. One (1) principal freestanding sign is permitted per lot.
2. One (1) wall sign is permitted per primary exterior entrance for each business or building per
street-frontage. Businesses without a street on which there is frontage, but which have exterior
entrances to the building, are entitled to one (1) wall sign on the exterior wall of the business
where the primary entrance is located. For corner lots, a second wall sign may be permitted
facing the side street. End units of buildings on any lot may also have a second wall sign on the
side of the building.

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3. The following signs are prohibited, along with the prohibited signs designated in Section 5.5:
a. Pole or pylon signs; and
b. Roof signs.
4. All panels in multi-tenant monument signs must have equal signable area.
Table 5.11(C): Sign Requirements for Commercial Lots Zoned C-1, C-2, and C-3
(Multiple Business Per Lot or Business Subdivision)
Sign Monument/ Projecting Wall Temporary Window Awning
Requirements Freestanding Sign Sign Sign Sign Sign Sign
Max height 8' None None 8' None 18"
lettering
Max width None None None 8' None Building
width
Max sq. ft. of 1 sq. ft. per linear foot of 24 Not to 32 total 25% of 10% of
signable area building frontage up to 64 exceed (aggregate the area awning
sq. ft. the of all signs) of each space
smaller window
of 10% in which
per a sign is
tenant placed
wall area
or 100
sq. ft.
Max number 1, except 2 if permitted by 1 per 1 per 2 3 1 per
allowed Subsection 5.11(C) tenant, per primary tenant,
street exterior per
frontage entrance street
frontage
Required 5' None None 5' None None
minimum
setback from
right-of-way
Required 10' 10' None 10' None None
minimum
setback from
electrical
transmission
lines
Max projection None 6' None None None None
from wall

G. Commercial Lots Zoned C-1, C-2, and C-3 with Single Business Per Lot.
1. Each lot is permitted one (1) principle freestanding sign and one (1) wall sign for each street-
facing wall.
2. The following signs are prohibited in this district, along with the prohibited signs designated in
Section 13.5:

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a. Pole or pylon signs; and
b. Roof signs.
Table 5.11(D): Sign Requirements for Commercial Lots Zoned C-1, C-2, and C-3
(Single Business Per Lot)
Sign Monument/ Projecting Wall Temporary Window Awning
Requirements Freestanding Sign Sign Sign Sign Sign Sign
Max height 8' None None 8' None 18"
lettering
Max width None None None 8' None Building
width
Max sq. ft. of 1 sq. ft. per linear foot of 24' Not to 32 total 25% of 10% of
signable area building frontage up to 64 exceed (aggregate the area awning
sq. ft. the of all signs) of each space
smaller of window
10% per in which
wall area a sign is
or 100 sq. placed
ft.
Max number 1, except 2 if permitted by 1 1 per 2 3 1
allowed Subsection 5.11(C) primary
facade, 1
per
secondary
facade
Required 1' None None 1' None None
minimum
setback from
right-of-way
Required 10' 10' None 10' None None
minimum
setback from
electrical
transmission
lines
Max projection None 4' None None None None
from building

H. Industrial Lots Zoned LI and HI (Multiple Businesses per Lot or Business Subdivision).
1. One (1) principal freestanding sign is permitted per lot, except as allowed per Subsection 5.11(C).
2. One (1) wall sign is permitted for each business per street-frontage. Businesses without a street
on which there is frontage, but which have exterior entrances to the building, are entitled to one
(1) wall sign on the exterior wall of the business where the primary entrance is located. For
corner lots, a second wall sign may be permitted facing the side street. End units of buildings on
any lot may also have a second wall sign on the side of the building.
3. The following signs are prohibited in industrial districts, along with the prohibited signs
designated in Section 13.5:

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a. Changeable Copy Signs.
Table 5.11(E): Sign Requirements for Industrial Lots Zoned LI and HI
(Multiple Business Per Lot or Business Subdivision)
Sign Monument/ Wall Sign Temporary Window Awning
Requirements Freestanding Sign Sign Sign Sign
Max height 8' 8' None 18" lettering
Max width None None 8' None 50% of
Building
width
Max. sq. ft. of 1 sq. ft. per linear foot of Not to 32 total 25% of the 10% of
signable area building frontage up to 64 exceed the (aggregate of area of each awning space
sq. ft. smaller of 5% all signs) window in
per tenant which a sign
wall area or is placed
150 sq. ft.
Max number 1, except 2 if permitted by 1 per tenant, 2 3 1 per tenant,
allowed Subsection 5.11(C) per street per street
frontage frontage
Required 5' None 5' None None
minimum
setback from
right-of-way
Required 10' None 10' None None
minimum
setback from
electrical
transmission
lines

I. Industrial Lots Zoned LI and HI (Single Business Per Lot).
1. Each lot is permitted one (1) principal freestanding sign, except as allowed per Subsection 5.11(C)
and one (1) mounted sign for each street-facing wall.
2. The following signs are prohibited in this district, along with the prohibited signs designated in
Section 5.5:
a. Changeable copy signs.
Table 5.11(F): Sign Requirements for Industrial Lots Zoned LI and HI
(Single Business Per Lot)
Sign Monument/ Wall Sign Temporary Window Awning
Requirements Freestanding Sign Sign Sign Sign
Max height 8' None 8' None 18" lettering
Max width None None 8' None 50% of
building
width

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Max sq. ft. of 1 sq. ft. per linear foot of Not to 32 total 25% of the 10% of
signable area building frontage up to 64 exceed the (aggregate of area of each awning space
sq. ft. smaller of 5% all signs) window in
wall area or which a sign
150 square is placed
feet
Max number 1, 2 if permitted per 1 per street 2 None 1
allowed Subsection 5.11(C) frontage
Required 5' None 5' None None
minimum
setback from
right-of-way
Required 10' None 10' None None
minimum
setback from
transmission
lines

J. Office and Institutional Lots Zoned OI.
1. One (1) principle freestanding sign is permitted per lot, except as allowed per Subsection 5.11(C).
a. One (1) wall sign is permitted per primary exterior entrance for each business or building
per street-frontage. Businesses without a street on which there is frontage, but which have
exterior entrances to the building, are entitled to one (1) wall sign on the exterior wall of
the business where the primary entrance is located. For corner lots, a second wall sign may
be permitted facing the side street. End units of buildings on any lot may also have a
second wall sign on the side of the building.
2. The following signs are prohibited in this district, along with the prohibited signs designated in
Section 5.5:
a. Changeable copy signs.
Table 5.11(G): Sign Requirements for Office Institutional Lots Zoned OI
Sign Monument/ Projecting Wall Window Awning Temporary
Requirements Freestanding Sign Sign Sign Sign Sign Sign
Max height 8' None None None 10" 8'
lettering
Max width None None Building None Building 8'
width width
Max sq. ft. of 32 sq. ft. 10 sq. ft. Not to 25% of 10% of 32 total
signable area exceed the area the (aggregate
the of each awning of all signs)
smaller window space
of 5% of in which
the wall a sign is
area or placed
100 sq.
ft.

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Max number 1, 2 if permitted per 1 per street 1 per 3 1 per 2
allowed Subsection 5.11(C) frontage street street
frontage frontage
Required 5' None None None 1' None
minimum
setback from
right-of-way
Required 6' None None None None None
minimum
setback from
electrical
transmission
lines
Max projection None 4' None None None None
from building

K. Planned Unit Developments.
1. Master Sign Plan. The intent of the master sign plan is to promote consistency among signs
within a development and enhance the compatibility of signs with the architectural and site
design features within a development.
2. Approval Required. Approval of a master sign plan shall be required as part of the development
review process in any district that is zoned 'PUD' (Planned Unite Development). All signs that are
erected or maintained shall conform at all times to the approved master sign plan. The signs
which are approved through the master sign plan are the only signs that are allowed; any
deviations from an approved master sign plan shall be unlawful unless and until a revised master
sign plan is approved.
3. Master Sign Plan Application. An application for a master sign plan shall include the following
information:
a. All information as outlined in Section 5.3 of this article;
b. Accurate site plan, including location of buildings, parking lots, driveways, and landscaped
areas;
c. An accurate indication of the location of each present and proposed future sign of any
type, whether requiring a permit or not;
d. An elevation drawing or photo depicting the proposed location of signs on buildings, walls
or windows;
e. Computation of the maximum total sign area. For buildings with two (2) or more separate
businesses, computations shall identify the total maximum area each individual business
will be allowed;
f. Plans, including window signage should indicate the areas of the windows to be covered;
g. Master sign plans must be signed by all owners or their authorized agents.
4. Master Sign Plan Review. An application for a master sign plan shall be reviewed as part of the
development review process.
5. Individual Sign Permits. Individual sign permits are required for all signs contained within an
approved master sign plan.

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6. Amendments. A master sign plan may be amended by filing a new master sign plan application
that conforms to all requirements in this section.
7. Significant Development Exceptions. An exception for one (1) additional freestanding sign may be
granted under the master sign plan for significant developments which meet at a minimum all
criteria set forth below:
a. The development is located on a single tract, parcel, or lot;
b. The parcel is to be used for commercial;
c. The tract size is a minimum of fifteen (15) acres and the primary frontage of the lot is at
least five hundred (500) linear feet or more; and
d. The lot has two (2) or more entrances on the street on which it has its primary frontage.
8. One (1) maximum sixty-four (64) square foot monument sign along the primary frontage may be
substituted for two (2) single-faced freestanding signs not to exceed thirty-two (32) square feet
and six (6) feet in height.
L. Master Sign Plan for Multi-jurisdictional Developments. The intent of the master sign plan for multi-
jurisdictional developments is to promote consistency among signs within a development that is
situated within the City of Stockbridge and one (1) or more other municipalities or the unincorporated
areas of a county and enhance the compatibility of signs with the architectural and site design features
within such development.
1. The director may authorize a master sign plan for a development that is situated within the City
of Stockbridge and one (1) or more other municipalities or the unincorporated area of Henry
County. All signs erected or maintained shall conform at all times to the approved master sign
plan. The signs approved through the master sign plan are the only signs allowed; any deviations
from an approved master sign plan shall be unlawful unless and until a revised master sign plan is
approved by the city council.
2. Master Sign Plan Application. An application for a master sign plan for a multi-jurisdictional
development shall include the following information:
a. All information as outlined in Section 5.3 of this article;
b. Accurate site plan, including location of buildings, parking lots, driveways, and landscaped
areas;
c. An accurate indication of the location of each present and proposed future sign of any
type, whether requiring a permit or not;
d. An elevation drawing or photo depicting the proposed location of signs on buildings, walls
or windows;
e. Computation of the maximum total sign area. For buildings with two (2) or more separate
businesses, computations shall identify the total maximum area each individual business
will be allowed;
f. Plans, including window signage should indicate the areas of the windows to be covered;
g. Master sign plans must be signed by all owners or their authorized agents.
3. The master plan may include standards for signs which deviate from the general standards
provided for herein so long as each jurisdiction approves the same master plan.
4. Individual Sign Permits. Individual sign permits are required for all signs contained within an
approved master sign plan.

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5. Amendments. A master sign plan may be amended by filing a new master sign plan application
that conforms to all requirements in this section.

5.12 Unsafe and unlawful signs.
A. If the director or the designee finds that any sign that is regulated herein is unsafe or unstable, or is a
menace to the public health or safety, or is abandoned, or is maintained in a dilapidated condition, or has
been constructed or erected or is being maintained in violation of the provisions of this article, the director
or the designee shall notify the permittee, owner, or occupant of the property on which the sign is located by
certified mail of such violation. Said notice shall include a brief and complete statement of the violations to
be remedied. If the permittee, owner, or occupant of the property where the sign is located cannot be
located, notice shall be provided by the director or its designee affixing the notice to the sign or to the
building on which the sign is erected.
B. If the permittee or property owner fails to remove or alter or fix the structure so as to comply with the
standards herein set forth within ten (10) days after such notice, the permit for such sign shall be revoked
and the permittee or property owner shall be subject to the penalties set forth in Section 5.14 of this article.
C. In any case in which a sign is an immediate threat to the physical safety of persons or adjoining property, the
director or his or her designee may cause such structure to be removed summarily and without notice and
cause the cost of same to be placed as a lien on the property upon which the sign sits.

5.13 Nonconforming signs.
A. The following provisions shall apply to signs which, on the effective date of this article, were approved and
legally erected under previous sign restrictions and which became nonconforming with respect to the
requirements of this article's restrictions:
1. No change shall be made in the size of any nonconforming sign, nor shall any structural changes be
made in such a sign unless the sign is brought into compliance with the provisions of this article.
2. Except as provided in this article, any sign that is erected on any public property or right-of-way in
violation of this article may be removed therefrom by duly authorized employees of the city, and the
responsible party may be cited for such violation.
3. A nonconforming sign may not be reconstructed, replaced, or reset if it is removed by the owner or
agent for the owner for any reason.
4. No additional sign or advertising device shall be erected on the same lot with an existing
nonconforming sign until the nonconforming sign has been removed or brought into conformity with
this article.
5. No sign permit may be granted to any applicant, where there exists on the subject lot a nonconforming
sign, as defined in this article, an illegal sign, an unpermitted sign, a damaged sign, a sign in need of
repair or painting, or a sign in violation of this article.
6. A nonconforming sign may not be replaced by another nonconforming sign except where such sign is
damaged or destroyed by act of God or changed conditions beyond the control of the owner render
the sign nonconforming or warrant the sign's repair.
7. A nonconforming sign may not be expanded or altered in any manner that increases the degree of
nonconformity.
B. The substitution or interchange of poster panels, painted boards, or dismountable material on
nonconforming signs shall be permitted.

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C. Minor repairs and maintenance of nonconforming signs shall be permitted. However, no structural repairs or
changes in the size or shape of the sign shall be permitted except to make the sign comply with the
requirements of this article. The replacement of existing sign panels is permissible without a sign permit,
provided that no changes are made to the sign structure itself.
D. No change in location, shape, height, size, or design shall be permitted on a nonconforming sign except to
make the sign comply with all requirements of this article.
E. Grandfathering. Nonconforming signs must be removed from site when any of the following conditions
occur:
1. Ninety (90) days after a business is closed, if no new business is operating inside the same building or
tenant space, non-conforming signs must be removed;
2. The deterioration of the sign or damage to the sign makes it a hazard or renders it dilapidated,
unsightly, or unkempt; or
3. The sign has been damaged or destroyed to such extent that more than minor repairs (greater than
twenty-five percent (25%) of the replacement cost of the existing sign) or a structural change is
required to restore the sign. No structural repairs or change in shape or size shall be permitted except
to make the sign comply with all standards of this chapter. This subsection shall not apply to signs that
are located adjacent to an interstate highway, or otherwise positioned so as to be visible from the
interstate highway.

5.14 Enforcement.
A. Enforcement Personnel. The enforcement of this article shall be within the jurisdiction of the community
development director, a police officer of the city, or the city's code enforcement personnel. The enforcement
personnel shall have such powers as are to enforce and give effect to this article, including, but not limited
to, the issuance of citations for violations of this article.
B. Violation Deemed Public Nuisance. Any violation of this article is hereby declared to be a public nuisance.
Improperly located signs or prohibited signs are hereby determined to pose an immediate safety threat and
traffic hazard to members of the public traveling on city roadways.
C. Repair of Signs.
1. Any sign which has become dilapidated, or any sign which, due to poor maintenance or neglect, has
become a visual blight, or by its condition and state of repair is deemed to be dangerous and is deemed
to be a public nuisance. Upon the above determination, the director of planning shall cause notice of
the same to be mailed by written notice, registered mail return receipt requested, to the owner of the
sign if the same may be determined or to the owner of the property upon which said sign is located,
that the owner shall be given thirty (30) days from the date of receipt of such notice to repair the sign.
2. If the sign owner or property owner fails to repair the sign so as to comply with the standards herein
set forth within thirty (30) days after such notice, the permit for such sign shall be revoked and the
permitee or property owner shall be subject to the penalties set forth in this article, including, but not
limited to, the removal of the sign by the city.
D. Removal of Signs with Notice.
1. The enforcement personnel may order the removal of any sign that has been issued a permit and is in
violation of this article, by written notice, registered mail return receipt requested, to the permit
holder. The removal order shall be issued only after the appropriate party fails to comply with the
terms of this article within five (5) days after the receipt of written notice of noncompliance by the city
or within ten (10) days from the mailing of such notice if no receipt indicating acceptance is returned.

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2. An aggrieved party may appeal the removal order or the notice finding the sign in disrepair within ten
(10) days from the date the notice was received to the director.
3. If the sign is not removed within thirty (30) days after the order of removal or thirty (30) days after the
date any appeal of the order of removal becomes final, the enforcement personnel are authorized to
remove or cause to be removed the sign and to collect the costs thereof as provided in this article.
E. Removal of Signs without Notice. The enforcement personnel or any other agent of the city having
jurisdiction under the circumstances may remove or direct the removal of any sign in violation of this article
without giving notice to any party, if such sign:
1. Is upon the public right-of-way or upon other public property; or
2. Poses an immediate threat to the life or health of any members of the public; or
3. The sign does not have a permit and is in violation of this article.
In the event that enforcement personnel remove or cause to be removed any sign under this section, criminal
charges for such violation may be issued to any one (1) or combination thereof of the following:
1. To the owner of the sign;
2. To the erector of the sign;
3. To the property owner upon which such illegal sign is located; or
4. To the person or to the business entity who procured the erection of the sign.
F. Charges to Legal Entity. If the criminal charges shall issue to a legal entity registered to do business in any
state, such as a corporation, limited liability company, partnership or the like, then in that case, the citation
for such violation may be issued to both the legal entity and any or all of the officers or employees of the
legal entity who are culpable of violating this article.
G. Evidence in Prosecution. Any sign that is removed and confiscated by the enforcement personnel shall
constitute evidence in any subsequent prosecution regarding the illegal sign. Each sign that is caused to be
removed shall constitute a separate violation of this article.
H. Costs of Removal. Removal of any sign as provided for in this section shall be without liability to the city, its
officers, agents, servants and employees. The permit holder shall be primarily responsible for the costs of
removal. If there is no permit holder, then the sign owner shall be responsible. If the sign owner cannot be
found or cannot be determined, then the costs of removal shall be the responsibility of the sign erector
and/or property owner or any other party that procured the erection of the sign. If payment or arrangement
to make payment is not made within sixty (60) days after the receipt of such statement, the code
enforcement personnel shall certify the amount thereof for collection to the city attorney. Following such
removal or repair, the county may collect the costs as provided in this subsection.
I. Invalid Permits. The enforcement personnel may issue a removal order when it has been determined that a
permit was improperly issued, that the permit was issued on the basis of misstatement of fact or fraud, that
the sign has not been constructed in compliance with this article or with the specifications of the application
or site plans, that the sign permit has expired or that the sign is otherwise not in compliance with this article.
If a sign is not removed after receipt of a removal order by the owner of such sign or property, enforcement
personnel may institute legal proceedings pursuant to this article against the property owner, sign owner,
lessee, sign erector or a combination thereof.
J. Civil Actions. The enforcement personnel or any individual or entity whose property interests are directly
affected may bring a civil action to seek injunctive and other relief to enforce this article.

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K. Citations. Any violation of this article may be tried upon citations issued by the enforcement personnel
pursuant to O.C.G.A. § 36-32-10.2. Without limitation, sign erectors, sign owners and such other parties
responsible for the violation may be cited for violation of any provisions of this article.
L. Penalties. Any person who violates any section or provision of this article after the conviction upon a citation
issued to the municipal court of the city shall be fined as per the fine schedule determined by the municipal
judge, in accordance with O.C.G.A. § 36-32-5.
M. Remedies Cumulative. All remedies and penalties specified in this article are cumulative.

5.16 Conflict and severability.
A. Conflict. If any part of this chapter is found to be in conflict with any other ordinance of this city, county or
any State or Federal statute, the most restrictive or highest standard shall prevail. If any part of this sign
ordinance is explicitly prohibited by State or Federal statute, that part shall not be enforced.
B. Severability. This chapter is declared to be severable. In the event any section, subsection, sentence, clause
or phrase of this chapter shall be declared or adjudged invalid or unconstitutional by a court of competent
jurisdiction, such adjudication shall in no manner affect the validity of this ordinance as a whole, or the other
sections, subsections, sentences, clauses or phrases of this chapter, which shall remain of full force and
effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or
unconstitutional were not originally a part hereof. The city hereby declares that it would have passed the
remaining parts of this chapter if it had known that such part or parts hereof would be declared or adjudged
invalid or unconstitutional.

Chapter 6 NONCONFORMING STANDARDS

6.1 Nonconforming lots, structures and uses.

6.1.1 Generally.
A. Lots, structures or uses that were lawfully established prior to the effective date of this unified development
code, but which do not comply with the requirements set forth in this unified development code, are
considered legal, nonconforming lots, structures, or uses.
B. The intent of this section is to allow such nonconformities to continue until they are removed or abandoned.
The intent of this section is also to ensure that nonconformities shall not be enlarged, expanded, or
extended, nor be used as grounds for creating lots, or adding structures or uses prohibited in a particular
zoning district.
C. Nonconforming uses are hereby declared incompatible with uses permitted in the zoning district in which
the nonconforming use is located.
D. Nothing in this section shall be construed to prevent the ordinary and routine maintenance and repair of
nonconforming structures, or structures that contain nonconforming uses, provided the following
circumstances exist:
1. Repairs do not exceed ten percent (10%) of the current replacement cost of the nonconforming
portion of the structure during any period of twelve (12) consecutive months; and
2. The cubic area of the structure is not increased.

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E. A structure damaged by any means to an extent more than fifty percent (50%) of replacement cost at the
time of the occurrence shall be rebuilt only in conformity with this unified development code.
F. Fair market value, when required, shall be determined by reference to current rules and/or regulations
pertaining to real estate assessment and the records of the Henry County tax assessor.
G. A structure damaged by any means to an extent less than fifty percent (50%) of the fair market value may be
restored and occupied as before the damage, provided the following condition is met:
1. Restoration shall be commenced within six (6) months from the date damages were incurred.
Rebuilding and use of the land or structure not commenced within six (6) months shall thereafter conform to Formatted: List 2
the provisions of this unified development code.
H. A nonconforming structure, or a structure containing a nonconforming use, declared by the director to be
physically unsafe or unlawful due to lack of repairs and maintenance shall not thereafter be restored,
repaired or rebuilt except in conformity with the regulations of the zoning district in which it is located.

6.1.2 Nonconforming lots of record.
A. A single-family dwelling and permitted accessory structures may be built on a single lot of record in any
zoning district in which single-family dwellings are permitted, subject to the following conditions:
1. The lot of record was established on or before the effective date of this unified development code;
2. The lot of record is held in separate ownership from adjacent lots with continuous frontage on the
same street;
3. The lot is nonconforming due to failure to meet standards for the zoning district for minimum lot area
and/or minimum lot width; and
4. The lot is developed in compliance with standards for front, side, and rear yard setbacks and building
height for the zoning district in which it is located.
B. Lots of record with continuous frontage that became nonconforming on the effective date of this unified
development code shall meet the following requirements prior to establishment of any use or development:
1. The lots of record consist of two (2) or more lots, combinations of lots, and portions of lots that are in
single ownership and have continuous frontage;
2. A lot or a portion of a lot does not meet the standards of the zoning district for lot area and lot width;
3. The combination of lots shall be considered to be an undivided parcel for the purpose of developing
according to the site design standards of the zoning district;
4. No portion of the undivided parcel shall be used or sold in a manner that does not comply with
minimum lot area and minimum lot width requirements established by this unified development code;
and
5. No lot shall be created that does not comply with the lot area and lot width standards of this unified
development code.

6.1.3 Nonconforming structures.
A lawfully established structure that becomes nonconforming upon or after the effective date of this unified
development code may remain subject to the following conditions:
A. The structure is only nonconforming as concerns the following site design standards:

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1. Minimum lot area;
2. Minimum lot frontage;
3. Maximum lot coverage or impervious surface ratio;
4. Maximum building height; and
5. Minimum front, side and rear yard setbacks.
B. The structure shall comply with all other standards and requirements of this unified development code.
C. The nonconforming structure shall not be enlarged.
D. The structure or portion thereof may be altered to decrease the degree of nonconformity.
E. A nonconforming structure relocated any distance for any reason shall be brought into conformance
with the site design standards of the zoning district to which it is relocated.

6.1.4 Nonconforming uses.
A lawfully established use that becomes nonconforming upon or after the effective date of this unified
development code may continue subject to the following stipulations:
A. A structure containing a nonconforming use shall not be enlarged, extended, built, rebuilt, relocated,
or structurally altered except to change to a use permitted in the zoning district in which the structure
is located.
B. A nonconforming use shall not be extended to occupy any area outside the existing structure devoted
to the use. Any nonconforming use may be extended throughout any portion of a building that was
manifestly arranged or designed for such use on the effective date of this unified development code or
amendment thereto.
C. A nonconforming use that is replaced by a permitted use on land, in a structure, or structure and land
in combination shall not be resumed. A nonconforming use cannot be replaced by another
nonconforming use.
D. A nonconforming use of land, a structure or structure and land in combination that is abandoned for
more than six (6) consecutive months (except when government action impedes the use of, or access
to, the premises) shall not be resumed. The use, structure, or structure and land in combination shall
not thereafter be used except in conformity with the regulations of the zoning district in which it is
located.

6.1.5 Termination of detrimental nonconforming structures or uses.
A. Certain uses of land, buildings or structures are found to have an adverse effect on implementing the
comprehensive plan. Such uses shall be discontinued following the amortization period set out in subsection
6.1.5.B. below, irrespective of the requirements for nonconforming uses set forth in Sections 6.1.1 through
6.1.4, above.
B. The following uses shall be removed or rendered conforming within the specified amortization period. The
amortization period shall commence upon the effective date of this unified development code.
1. Fences, walls and vegetation that constitute a hazard by virtue of impairing sight distances at a curve or
intersection shall be rendered conforming or removed within sixty (60) calendar days.
2. All site design standards for fencing, screening and buffering of commercial or industrial uses, as set
forth in Chapter 4 of this UDC, shall be met within sixty (60) calendar days.

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3. Nonconforming open storage operations, such as truck parking, automobile wrecking, salvage material
storage, and similar uses, shall be rendered conforming within sixty (60) calendar days.

6.1.6 Regulation of specific nonconforming structures.
A. Mobile/Manufactured Homes.
1. All mobile/manufactured homes located in a mobile home development shall provide documentation
of compliance with the National Mobile Home Construction and Safety Act or compliance with
specifications presented by the American National Standards Institute. Existing mobile homes within
mobile home developments not in compliance with either of these standards shall be deemed
nonconforming.
2. An existing, nonconforming mobile/manufactured home that was lawfully permitted prior to the
effective date of this unified development code may be replaced with another mobile home of the
same size meeting the requirement set forth in paragraph A.1., above, and the requirements of this
chapter within sixty (60) calendar days of the date of removal of the existing mobile homeand O.C.G.A
§ 36-66-7 et seq.

Chapter 7 BOARDS AND COMMISSIONS

7.1 Generally.
The boards and commissions described in this chapter are established for the purpose of implementing the
provisions of the unified development code. These boards and committees shall have the powers and duties
described herein and necessary to achieve this purpose.

7.2 City planning commission.

7.2.1 Creation.
The City of Stockbridge Planning Commission (planning commission) is hereby established and shall be
referred to as the planning commission.

7.2.2 Membership.
A. Composition.
1. The planning commission shall be composed of six (6) qualified members.
2. Each member shall be appointed by the mayor and city council.
B. Term of Office. All members shall be appointed for a term of four (4) years; provided however, that in the
initial appointment, three (3) of the members shall be appointed for a term of two (2) years. An appointment
to fill any vacancy shall be for the remainder of the unexpired term of office.
C. Removal. Notwithstanding any provision to the contrary, a member may be removed by a majority vote of
mayor and city council.
D. Qualifications and Compensation.

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1. In order to be qualified, all members shall complete training for planning commission members and
shall receive a certificate of completion from the Atlanta Regional Commission, the Carl Vison Institute,
or an agency or organization competent to train appointed planning officials within one (1) year of
appointment.
2. Each member shall be compensated in a manner prescribed by the mayor and city council.

7.2.3 Quorum.
A. Four (4) members shall constitute a quorum for the transaction of business. All rules, policies and procedures
governing the planning commission shall be hereinafter governed by this requirement.
B. It shall require the affirmative vote of three (3) members of the planning commission to properly carry any
motion before the planning commission.

7.2.4 Officers.
A. The planning commission shall elect one (1) of its appointed members as chair. The chair shall serve for one
(1) year or until re-elected or a successor is elected.
B. A second appointed member shall be elected as vice chair and shall serve for one (1) year or until re-elected
or a successor is elected.
C. The planning commission shall appoint a secretary, who may be an officer or an employee of the governing
authority or a member of the planning commission.

7.2.5 Meetings.
A. The planning commission shall meet on the fourth Thursday of each month at 6:30 p.m., or as established by
the planning commission due to holidays and unforeseen circumstances.
B. Additional meetings may be called according to procedures established by the planning commission.

7.2.6 Rules and operating procedures.
A. The planning commission shall follow any by-laws and rules for the transaction of business adopted by the
mayor and city council.
B. The planning commission shall maintain a record of its resolutions, transactions, findings, and
determinations, which record shall be a public record.

7.2.7 Duties and responsibilities.
The planning commission shall serve as the recommending body for the mayor and city council of the City of
Stockbridge

7.3 Authority.

7.3.1 Applications subject to the planning commission.
A. The following applications shall be reviewed by the planning commission and recommendations provided to
the mayor and city council.

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1. Rezoning of property and amendments to the official zoning map.
2. Amendments to the unified development code.
3. Amendments to the comprehensive plan and associated future land use map.
4. Variances.
5. Conditional useSpecial uses.
6. Modifications to conditions placed on conditional usespecial uses, variances and rezonings.

Chapter 8 ADMINISTRATIVE PROCEDURES

8.1 Purpose.
This unified development code sets forth procedures for receiving, reviewing, and rendering decisions on
applications for subdivisions, multifamily and nonresidential development, mixed use development, planned
developments, and similar permits. This unified development code also sets forth the requirements for appealing
decisions, and for enforcement. The procedures and requirements set forth in this unified development code shall
be followed in seeking approval of any development.

8.2 Approval required.
A. No person shall conduct any development activity within the jurisdictional boundaries of the City of
Stockbridge without first obtaining approval of a subdivision plat, development plan, construction plans, and
permits to perform such activities.
B. Permits shall only be issued for development on platted and recorded lots.
1. No permits shall be issued on lots described only by metes and bounds.
2. All development activities or site work conducted after approval of a subdivision plat or development
plan shall conform to the specifications of the approved plans.
C. Major changes to an approved plan, as defined below, shall require specific approval of an amended plan.
1. Altering the amount and velocity of stormwater runoff from the site;
2. Increasing the amount of impervious surface within the development;
3. Altering the overall density of development;
4. Substantially increasing the amount of excavation, fill, or removal of vegetation during construction; or
5. Otherwise altering the overall appearance of the development as proposed as determined by the
director.
D. The following situations are exempt from the requirement to obtain an approved development plan prior to
the issuance of required permits:
1. Repairs to a facility that is part of a previously approved and permitted development.
2. Accessory structures, provided applicable permits are obtained.

8.2.1 Expiration of approvals.
A. Development Permits.

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1. If construction described in a development permit has not commenced within twelve (12) months from
the date of issuance, the permit shall expire. However, the permit may be extended for an additional
twelve (12) months, upon payment of the permit fee for such extension.
2. If construction described in the development permit is suspended after work has commenced, the
permit shall expire twelve (12) months after the date the work ceased. In cases of permit expiration
due to abandonment or suspension of work, the landowner shall be required to restore topography to
its original contours and restore vegetation as determined by the director.

8.2.2 Fees required.
All fee amounts are determined and adjusted periodically by the mayor and council. All applications shall be
accompanied by payment of application fees, as set forth in each department's fee schedule.

8.3 Application requirements.

8.3.1 Pre-application conference.
A. The purpose of the pre-application conference is to provide an opportunity for the applicant to consult with
city staff for advice and assistance prior to preparation of a preliminary plat, development plan, and other
similar applications. This will enable the applicant to become familiar with the approval process, required
documents, inspections, infrastructure and improvement standards adopted by the City of Stockbridge and
development factors that may affect the proposed development.
B. The intent of this unified development code is that all procedural and development requirements be
identified during the pre-application conference. However, no person may rely upon any comment
concerning a proposed development, or any expression of any nature about the proposal, made by a
participant at the pre-application conference, as a representation or implication that the proposal will be
ultimately approved or rejected in any form. Additionally, failure of a participant to identify any applicable
requirement or condition shall not preclude the city from requiring an applicant to comply with such
requirement or condition.
C. The applicant shall provide the following information:
1. The City of Stockbridge application for development permit.
2. Proof of ownership.
3. When the applicant is a representative of the property owner, a notarized statement authorizing the
representative to act as an agent of the property owner with regard to the application and associated
procedures.
4. Applicant campaign disclosure form (for applicant/owner, agent and/or attorney).
5. A property survey conducted no more than five (5) years prior to the filing of the application,
containing the legal description, boundaries, land area, notation whether any portion of the property is
within a floodplain, and existing improvements located on the site. Where two (2) or more parcels are
included within a proposed development, the survey shall include all parcels that are part of the
proposed development, including all phases. The survey shall be prepared and sealed by a surveyor
registered in the State of Georgia. If the survey is older than five (5) years, the survey must be certified
by a surveyor registered in the State of Georgia as to whether changes have or have not been made to
the property.
6. A vicinity map indicating the location of the site proposed for development.

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7. Proof of payment of fees.
8. Other information as may be required by the director.

8.3.2 Determination of completeness.
A. All applications shall be complete before acceptance for review and decision-making. A determination of
completeness is a determination that all required documents and plans have been submitted in sufficient
number, and that all fees have been paid. A determination of completeness is not a determination of
compliance with substantive standards and criteria.
B. The director shall determine, within five (5) working days of receipt of an application, whether the
application is complete.
C. If the director determines that the application is not complete, the director shall send notice to the applicant
identifying the deficiencies. The applicant shall have thirty (30) calendar days from the date of notice to
correct the deficiencies. Until the applicant corrects the deficiencies, no further action shall be taken for
processing the application. If the applicant fails to correct the deficiencies within the thirty-day period, the
application shall be deemed withdrawn, and fees shall be forfeited.
D. If the director determines that the application is complete, the application shall be processed for review and
action.

8.3.3 Applications subject to administrative action.
A. The following applications shall be reviewed, and decisions rendered by the director:
1. Preliminary and final subdivision plats for single-family residential, multiple-family residential,
manufactured home developments, and all nonresidential development, pursuant to the requirements
for base zoning districts, overlay zoning districts, subdivision plats for conventional subdivisions and
conservation subdivision developments.
2. Administrative variances.
3. Development plans.
4. Applications for minor modifications to zoning conditions and development conditions related solely to
dimensional or site design standards required by the mayor and city council.
B. Applications for permits pursuant to the building and technical codes shall be reviewed and decisions
rendered by the building official, pursuant to the requirements set forth in the applicable building and
technical codes.

8.4 Procedural requirements.

8.4.1 Submittal requirements for development plans.
A. All site development plans, although not building plans, shall conform to the following standards:
1. Drawings, except final plats and as-built plats, may be submitted either on paper or in digital files.
2. All final plats, as-built plats, and drawings submitted in digital format shall comply with the
specifications set forth in the adopted subdivision ordinance.
3. All drawings shall contain the dates of preparation and any revisions.

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4. All drawings shall be at the same scale and shall be a minimum of one (1) inch equals one hundred
(100) feet.
5. Drawing sheets shall be no larger than twenty-four (24) inches by thirty-six (36) inches and shall be
uniform in size for a submittal.
6. All drawings shall contain a graphic and written scale and a north arrow.
7. All drawings shall contain the name, address, and telephone number of the preparer(s), property
owner(s) and developer(s).
8. Drawings for development proposed in phases shall contain all required information for the total site,
for each phase, and shall depict phase lines on the drawings.
9. All drawings shall contain the seal and signature of the licensed professional preparing the drawings
and computations.
B. Required Support Data and Plans.
1. All development plans shall be accompanied by a stormwater management plan meeting the
requirements of Title 15.
2. Whenever a development proposes to disturb the regulatory floodplain, an engineering study shall be
provided, in compliance with the requirements set forth in Title 15.
3. A landscape plan shall include sufficient information to determine whether the proposed landscape
improvements are in conformity with the requirements of Section 4.7, including the following:
a. Identification of all trees, natural features, and manmade structures that will be retained upon
the site;
b. A description of proposed landscaping improvements and plantings, including the species, size,
quantity, and location of trees, shrubs, and other landscaping materials.
4. Whenever a development contains protected open space, a management plan shall be provided,
demonstrating compliance with the standards for resource and open space protection in Section 4.3.
5. Whenever a development contains a floodplain or floodway, a floodplain management plan shall be
provided, demonstrating compliance with Title 15, Section 15.9.
6. Applications for new or expanded mines or quarries shall provide information necessary to
demonstrate compliance with State and Federal laws and regulations.
7. Erosion and sediment control plans shall comply with the requirements of the subdivision ordinance
and shall contain the following additional information:
a. Name and phone number of a twenty-four-hour local contact responsible for erosion and
sedimentation controls.
b. Activity schedule showing anticipated starting and completion dates for the project. Include the
statement in bold letters that "Installation of erosion and sedimentation control measures and
practices shall occur prior to or concurrent with land-disturbing activities."
c. Stormwater and sedimentation management systems-storage capacity, hydrologic study, and
calculations, including off-site drainage areas.
d. Vegetative plan for all temporary and permanent vegetative measures, including species,
planting dates, and seeding, fertilizer, lime, and mulching rates. The vegetative plan shall show
options for year-round seeding.

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e. Include the statement: "Mulch, temporary vegetation, or permanent vegetation shall be
completed on all exposed areas within fourteen (14) calendar days after disturbance ceases."
f. Delineation of disturbed areas within project boundary.
g. Detailed drawings and narrative notes to demonstrate compliance with the erosion and sediment
control standards set forth in Title 15, Section 15.5 and the requirements in the current edition of
the Manual for Erosion and Sediment Control in Georgia.
h. Maintenance statement: "Erosion and sedimentation control measures shall be maintained at all
times. Additional erosion and sedimentation control measures and practices shall be installed if
deemed necessary by onsite inspection."
i. Existing and planned contours, with ground slope contour intervals of two (2) feet. Location of
erosion and sedimentation control measures and practices using coding symbols from the
Manual for Erosion and Sediment Control in Georgia.
C. Requirements Regarding Permanent Reference Monuments. Materials, size, and location shall conform to
the following:
1. Steel pins not less than one-half (½) inch in diameter and thirty (30) inches long, with a survey marker
cap showing the land surveyors registration number shall be set at all lot corners.
2. Resetting monuments. Any monuments disturbed by construction or grading shall be reset by the
applicant and approved by the director.

8.4.2 Requirements for development plans.
A. The applicant shall submit the number of copies of development plans and supporting data and supporting
plans as specified by the city.
B. The applicant shall submit two (2) copies of construction improvement plans to the Henry County Water and
Sewer Authority (HCWSA).
C. All development plans shall provide the information specified in Section 8.1 and the following information:
1. All information needed to demonstrate compliance with the site design and development standards in
this unified development code.
2. Depiction of existing uses in adjacent areas.
3. Draft of proposed deed restrictions to be imposed.
4. Zoning district of the property, including any special conditions of zoning imposed by the mayor and
city council.
5. Deed, record names, and addresses of adjoining property owners or subdivisions, along with zoning of
the adjacent parcels.
6. Total area in acres and square feet.
7. Any project to be developed in phases shall provide all information for the total site and for each
phase.
8. Topographic contours and vertical intervals of not more than two (2) feet when a new street is
proposed.
9. Soil conditions according to U.S. Soil Conservation Service Classifications Manual.

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10. Proposed density (both gross and net) and lot layout, consistent with the requirements of the future
land use map of the comprehensive plan, including lot and block numbers and/or letters. Layout of all
lots shall indicate building setback lines, lot dimensions, and lot area. Lots with detention ponds shall
meet minimum zoning area requirements outside the area of the detention pond.
11. For mixed use projects, drawing notes shall include a table summarizing the total amount of
development in each use, the percentage of the total site, net density of proposed residential
development.
12. Location of existing and platted property lines, location, width, and names of all platted roads,
railroads, utility rights-of-way, public areas, existing buildings or structures.
13. Show all existing and proposed easements. Show drainage easements for storm drainage pipes that
cross individual lots.
14. Protected open space.
15. Depiction of natural features on the site and adjacent areas, including streams, lakes, other water
bodies, wetlands, designated groundwater recharge areas, land subject to a one hundred-year flood
hazard, including contour elevations, and geologic features, and other protected environmental
features, as set forth in Title 16, including an outline of wooded areas, vegetation, and surface
drainage, together with information on methods for protection of natural features as required in this
unified development code. State if elevations are taken from a surveyed stream on a FEMA map or if
the elevations are from an independent study (HEC-2, QUICK-2, etc.). Flood elevations on any lots
within a one hundred-year flood hazard area shall be shown. In addition, the foundation elevation that
is a minimum of three (3) feet above the established one hundred-year flood evaluation shall be
shown. This data may be shown either on the layout or in tabular form.
16. Wetland areas shall be field located. Notation whether live streams and/or wetlands lie within this
subdivision, or unit and phase. Provide a copy of wetlands delineation report from a qualified
professional with training and experience in wetland delineation following the guidelines of the latest
version of the Army Corps of Engineers Wetlands Delineation Manual.
17. Proposed buffers, landscaping, and tree protection. This shall include the location, size, and type of
proposed plant materials.
18. Location of proposed buildings to be used for commercial, industrial, recreational or public facility
uses.
19. Details regarding other proposed structures or additions to existing structures, including accessory
structures and signs.
20. Layout and names of proposed roads, alleys, public walkways/bikeways (i.e., sidewalks, trails, paths,
bicycle facilities), with width of pavement and rights-of-way. Total lineal feet of proposed roads (per
phase and total) shall be indicated.
21. Construction plans of streets including typical cross-section and grade profiles. Show percent of each
grade and length of each vertical curve.
22. Show the centerline stopping distance for all points of access onto public roads and posted speed limits
on existing roads.
23. Existing sewers, water mains, drains, culverts and other underground facilities within the tract or
within the right-of-way of boundary roads with sizes, grades, and invert elevations from field surveys or
other sources. All sizes and data on all utilities shall be provided. Location of proposed public facilities
such as sanitary sewers, water mains, storm drainage facilities, culverts, bridges, and other
underground or aboveground facilities within the parcel to be developed, or within the rights-of-way of

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roads bordering the parcel. Sizes, grades and invert elevations from field surveys or other sources,
consistent with the requirements of Title 16.
24. Construction plans of sanitary sewers with grades, service, pipe size, and points of discharge and
connection to other trunk or lateral sewers.
25. Construction plans of storm drainage systems with pipe sizes, length, grade, location of outlets, runoff
and velocity calculations, etc. All storm drainage systems carrying off-site runoff shall be designed for
the one hundred-year storm event. All storm pipes within the city right-of-way shall be approved by
the city.
26. Construction plans of water supply system with pipe sizes and location of hydrants, valves, and all
appurtenances.
27. Final contours. Street profiles may suffice in indicating cut and fill volumes; however, in many cases,
final contours must be shown on the plans.
28. Any structural practice used shall be explained and illustrated with detail drawings.
29. Show the following notes on all plans:
a. A twenty-foot wide storm sewer and sanitary sewer easement exists along each property line and
along each lot line, centered on lot lines, for future drainage and sanitary sewer lines.
b. All storm drains shall be extended to the rear setback line.
c. Grade stakes shall be set on all streets prior to any street grading. An as-built subgrade centerline
profile shall be submitted and approved by [the] city prior to the installation of curb and gutter or
waterlines.
d. An as-built detention pond detail and revised hydro study shall be submitted to the city prior to
the final approval.
e. All undisturbed buffers shall be field located; staked and flagged or marked with "tenzar" (or
similar type fencing); and shall be submitted to the city for approval prior to grading.
D. Applications for development plans within each watershed protection area identified and regulated in Title
15 shall provide the following additional information:
1. The distance of each impervious structure and surface to the nearest bank of an affected perennial
stream and reservoir.
2. The location of each perennial stream that crosses or abuts the site.
3. The location of each public reservoir that abuts the site.
4. The location, elevation and orientation of the one hundred-year floodplain on the site.
5. A certification issued by a registered land surveyor or registered engineer verifying the location of the
site as being located either within the water quality critical area, the limited development area or
outside of the both areas.
6. Location and detailed design of any spill and leak collection systems designed for the purposes of
containing accidentally released hazardous or toxic materials.
E. Requirements Regarding Permanent Reference Monuments. Materials, size, and location shall conform to
the following:
1. Steel pins not less than one-half (½) inch in diameter and thirty (30) inches long, with a survey marker
cap showing the land surveyors registration number shall be set at all lot corners.

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2. Resetting monuments. Any monuments disturbed by construction or grading shall be reset by the
applicant and approved by the director.
F. Administrative Action.
1. The director shall make a determination of completeness as set forth in subsection 8.3.2.
2. When an application for development plan has been determined to be complete, the application and
all accompanying information shall be distributed to all required reviewers.
3. The plan review process shall include a determination of compliance with the regulations of this unified
development code by the director and recommendations for any changes necessary to improve the
subdivision.
4. If the development plan is determined to be deficient by the director or the HCWSA, it shall be
returned to the applicant for revisions.
5. A development plan may be approved with conditions. If the development plan is approved with
modifications, the conditions shall be indicated on the plat. A copy of the plat with changes indicated
shall be returned to the applicant, who shall have the revisions made by the engineer, surveyor, or
landscape architect who prepared the plat before the final plat is submitted for approval.
6. A soil erosion and sedimentation control plan, when in compliance with the standards for erosion and
sedimentation control as set forth in Title 15, Section 15.5 shall be approved prior to issuance of a
building or development permit to begin construction.

8.4.3 Requirements regarding improvements.
A. Pre-construction Review and Approval.
1. Prior to grading, the applicant shall arrange a pre-construction conference. The pre-construction
meeting shall include a review of the soil erosion and sedimentation control plan, street cross-sections
and profiles, construction specifications, procedures for inspections and testing, stormwater drainage
and detention facilities, and any other matters concerning the development. The applicant shall
provide a list of names, telephone numbers, addresses, and business license numbers of all contractors
and subcontractors employed on a job. A separate pre-construction meeting is required with the
HCWSA prior to any water or sanitary sewer installation.
2. A development permit shall be issued only after the approval of the construction improvements plans
and soil erosion and sedimentation control plan. Site grading shall be limited only to those areas clearly
defined on the approved plans. Any site grading which is done without an approved soil erosion control
plan and development permit is a violation of this unified development code and shall result in
enforcement penalties as provided in Title 16. In instances where grading has occurred prior to
issuance of a development permit, or when grading has exceeded the area approved according to the
approved plans and development permit, the permit fee amount shall be doubled. Any violations of
the conditions or limitations imposed by the development permit shall also be subject to penalties
provided in Title 16.

8.4.4 Reserved.

8.4.5 Requirements for permits.
A. Generally.
1. Applications for permits shall be submitted on forms provided by the city.

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2. Applications shall be accompanied by payment of fees as required by each department's most recently
approved fee schedule.
3. Applications shall be accompanied by plans, drawings, or other documents as required by the city.
4. All permit applications shall be complete prior to processing.
B. Residential Land-Disturbance (Outside of a Watershed Protection Area).
1. Applicants for the residential land-disturbance permit shall provide a proposed site plan, drawn to
scale by a registered surveyor or engineer, showing the lot, rights-of-way, easements, buffers, all
preserved areas of trees, direction of drainage and proposed placement of the septic system, if any.
Such plan shall also show the proposed location of all erosion control devices, setback lines, building
size, location of the building on the lot, driveway, and the location of all other structures on the site.
2. A permit shall be issued upon submittal of the application and the required permit fee; however, land-
disturbance is not to proceed until an inspector has visited and approved an initial inspection verifying
that the application complies with the unified development code.
3. Additional inspections may be made, as necessary at the discretion of the administration, in order to
verify compliance with the requirements for erosion control in Title 16: Environmental Protection and
tree protection in Title 14.
C. Other Land-Disturbance (Outside of a Watershed Protection Area). Applications for permits for any land-
disturbing activity for any development shall meet the general requirements for all applications, shall include
an erosion and sedimentation control plan as required in Title 16: Environmental Protection, and the
following additional information:
1. In addition to the local permitting fees, fees shall also be assessed pursuant to O.C.G.A. § 12-5-23(5)(a),
provided that such fees shall not exceed eighty dollars ($80.00) per acre of land-disturbing activity, and
these fees shall be calculated and paid by the primary permittee as defined in the State general permit
for each acre of land-disturbing activity included in the planned development or each phase of
development. All applicable fees shall be paid prior to issuance of the land-disturbance permit. In a
jurisdiction that is certified pursuant to O.C.G.A. § 12-7-8(a), half of such fees levied shall be submitted
to the division; except that any and all fees due from an entity which is required to give notice pursuant
to O.C.G.A. § 12-7-7 shall be submitted in full to the division, regardless of the existence of a local
issuing authority in the jurisdiction.
2. Approval by the Henry County Soil and Water Conservation District (district). Immediately upon receipt
of an application and plan for a permit, the city shall refer the application and plan to the district for its
review and approval or denial concerning the adequacy of the erosion and sedimentation control plan.
The district shall approve or deny a plan within thirty-five (35) calendar days of receipt. Failure of the
district to act within thirty-five (35) calendar days shall be considered an approval of the pending plan.
The results of the district review shall be forwarded to the city. Such review shall not be required if the
city and the district have entered into an agreement which allows the city to conduct such review and
approval of the plan without referring the application and plan to the district.
3. Identification of any violations of previous permits, the requirements of Title 15: Environmental
Protection, or the Erosion and Sedimentation Act, as amended, within three (3) years prior to the date
of filing of the application under consideration.
4. Proof of irrevocable letter of credit.
5. Proof of payment of all ad valorem taxes levied against the property.
6. No permit shall be issued by the director unless the erosion and sedimentation control plan has been
approved by the district and the director has affirmatively determined that the plan complies with the

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requirements of Title 15: Environmental Protection. If a letter of credit is required, the permit shall not
be issued until the requirements regarding the letter of credit have been satisfied.
7. If the permit is denied, the reason for denial shall be furnished to the applicant.
8. If the tract is to be developed in phases, then a separate permit shall be required for each phase.
9. The permit may be suspended, revoked, or modified by the director, as to all or any portion of the land
affected by the plan, upon finding that the holder or his successor in the title is not in compliance with
the approved erosion and sedimentation control plan or that the holder or his successor in title is in
violation of this unified development code. A holder of a permit shall notify any successor in title to the
permit holder as to all or any portion of the land affected by the approved plan of the conditions
contained in the permit.
D. Permits for Timber Removal. Applications for permits for timber removal shall follow the requirements of
either paragraph 1. or 2., below:
1. A parcel that has been declared silvicultural shall provide the information in paragraphs a. through e.
below, along with the permit application form:
a. A certificate from the tax assessor indicating agricultural preference;
b. A forest management plan, demonstrating compliance with the erosion control standards set
forth in Title 16: Environmental Protection;
c. A commitment to follow the Georgia Forestry Commission "Best Management Practices;" and
d. A commitment to reforestation of the site;
e. Upon approval by the city, a combined timber removal and logging permit shall be issued.
2. Land designated for silvicultural activities may subsequently be developed, provided that a
development plan has been prepared and approved by the director prior to any clearing, grading,
clear-cutting, or other land-disturbance. Where a development plan has been approved, a land-
disturbance and timber removal permit may be issued by the City of Stockbridge pursuant to
procedures for land-disturbance permits in Section 8.4.

Chapter 9 ZONING AMENDMENTS

9.1 Application requirements.

9.1.1 Pre-application conference.
A. The purpose of the pre-application conference is to provide an opportunity for the applicant to consult with
city staff for advice and assistance prior to preparation of any zoning application. This will enable the
applicant to become familiar with the approval process, required documents, the comprehensive plan, and
public hearing standards that may affect the proposed development.
B. The intent of this unified development code is that all procedural and development requirements be
identified during the pre-application conference. However, no person may rely upon any comment
concerning a proposed development, or any expression of any nature about the proposal, made by a
participant at the pre-application conference, as a representation or implication that the proposal will be
ultimately approved or rejected in any form. Additionally, failure of a participant to identify any applicable
requirement or condition shall not preclude the city from requiring an applicant to comply with such
requirement or condition.

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9.1.2 Amendment application.
After the pre-application conference, the applicant shall provide the following information for a map
amendment (rezoning) or conditional usespecial use permit:
1. The City of Stockbridge application for zoning.
2. Proof of ownership.
3. When the applicant is a representative of the property owner, a notarized statement authorizing the
representative to act as an agent of the property owner with regard to the application and associated
procedures.
4. Applicant campaign disclosure form (for applicant/owner, agent and/or attorney).
5. A property survey conducted no more than five (5) years prior to the filing of the application,
containing the legal description, boundaries, land area, notation whether any portion of the property is
within a floodplain and existing improvements located on the site. Where two (2) or more parcels are
included within a proposed development, the survey shall include all parcels that are part of the
proposed development, including all phases. The survey shall be prepared and sealed by a surveyor
registered in the State of Georgia. If the survey is older than five (5) years, the survey must be certified
by a surveyor registered in the State of Georgia as to whether changes have or have not been made to
the property.
6. A letter of intent stating the reasons for the zoning map amendment, including a detailed description
of any proposed development for which the rezoning is sought.
7. A vicinity map indicating the location of the site proposed for development.
8. A concept plan containing the information set forth below:
a. Project name.
b. Vicinity map showing zoning districts and existing land use within five hundred (500) feet of the
boundaries of the site.
c. Total area in acres and square feet.
d. Current and proposed zoning classification, together with a summary of the applicable
development standards for the proposed zoning district.
e. Natural features, including topography at ten-foot intervals, surface drainage, surface waters,
floodplains, watershed areas, groundwater recharge areas, general location of wetlands, and the
general location of wooded areas.
f. General location of existing and proposed roads and utility rights-of-way or easements.
g. Location of existing property lines within the development site.
h. General location of existing and proposed development by type of use.
i. Proposed residential density and dwelling unit types, if applicable.
j. Location of proposed open spaces, recreational areas, and public buildings and uses, indicating
those areas reserved or dedicated for public use.
9. General plan for the provision of utilities and infrastructure, including the following:

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a. A report or letter from the city or Henry County Water and Sewer Authority indicating the
availability of water and sewer and a report or letter from the Henry County Environmental
Health Department indicating septic suitability if sewer is not available.
10. Architectural renderings or building plans, as determined by the community development director.
11. Proof of payment of fees.

9.1.3 Determination of completeness.
A. All applications shall be complete before acceptance for review and decision-making. A determination of
completeness is a determination that all required documents and plans have been submitted in sufficient
number, and that all fees have been paid. A determination of completeness is not a determination of
compliance with substantive standards and criteria.
B. If the director determines that the application is not complete, the director shall send notice to the applicant
identifying the deficiencies. The applicant shall have thirty (30) calendar days from the date of notice to
correct the deficiencies. Until the applicant corrects the deficiencies, no further action shall be taken for
processing the application. If the applicant fails to correct the deficiencies within the thirty-day period, the
application shall be deemed withdrawn, and fees shall be forfeited.
C. If the director determines that the application is complete, the application shall be processed for review and
action.

9.2 Procedural requirements.

9.2.1 Requirements for amending the official zoning map (rezoning).
A. Requirements. The official zoning map may be amended by the mayor and city council on its own motion, on
recommendation from the planning commission, or by approval by the mayor and city council of an
application from a property owner. An adopted zoning resolution shall be an amendment to the official
zoning map.
B. Official Application. The applicant shall submit the rezoning application and associated documents as
identified in subsection 9.1.2, Amendment Application.
C. Action by the Director.
1. The director shall make a determination of application completeness.
2. The director shall prepare a staff report addressing the following issues, in priority:
a. Consistency with the comprehensive plan.
b. The relation that the proposed amendment bears to the purpose of the overall zoning scheme
with due consideration given to whether or not the proposed change will help carry out the
purposes of this unified development code.
c. Potential positive effects of the amendment on the character of the proposed zoning district, a
particular piece of property, neighborhood, a particular area, or the community.
d. The physical conditions of the site relative to its capability to be developed as requested,
including topography, drainage, access, and size and shape of the property.
e. The impact upon adjacent property owners shall the request be approved.

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f. The potential impact of the proposed amendment on city infrastructure, including water and
sewerage systems.
g. The impact of the proposed amendment on adjacent thoroughfares and pedestrian and vehicular
circulation and traffic volumes.
h. The merits of the requested change in zoning relative to any other guidelines and policies for
development that the planning commission and mayor and city council may use in furthering the
objectives of the comprehensive plan.
i. The capacity of the site to be developed as presently zoned.
D. CZIM. A community zoning information meeting is required pursuant to section 9.2.10 Community Zoning
Information Meeting (CZIM).
ED. Public Hearing. The director shall advertise for the public hearing at the planning commission and the mayor
and city council in accordance with Section 9.3, Public Notice Requirements.
FE. Planning Commission Recommendation.
1. The application shall be submitted to the planning commission for review at a public hearingmeeting.
2. The planning commission shall review the application according to the published schedule.
3. The planning commission shall submit its report with comments and recommendations according to
the published schedule. The recommendations of the planning commission shall be submitted to the
mayor and city council. The recommendations of the planning commission shall be of an advisory
nature and shall not be binding on the mayor and city council.
4. In making its recommendation, the planning commission may recommend approval, approval with
conditions, or denial. Findings shall be set forth in official minutes of the planning commission.
GF. Mayor and City Council Action.
1. The mayor and city council shall consider the application for rezoning at a public hearing.
2. The mayor and city council shall consider the information set forth in the staff report and the findings
and recommendations of the planning commission.
3. In deciding upon any application for an amendment to the official zoning map, the mayor and city
council may, on their own motion or upon the suggestion of the applicant, or on consideration of the
recommendations of the planning commission, grant the application subject to certain conditions
necessary to promote and protect the health, safety, and general welfare.
4. The mayor and city council may include conditions of zoning which they deem necessary in order to
make the requested action acceptable and consistent with the proposed uses of the district(s) involved
and to further the goals and objectives of the comprehensive plan. Such conditions:
a. Shall only be valid if they are included in the motion approving the amendment of adoption.
b. Shall be permanent conditions of approval unless a lesser period of time is specified in the
amendment.
c. Shall be required of the property owner and subsequent owners as a condition of their use of the
property.
d. Shall be permitted and continuously enforced by the community development director in the
same manner as any other provision of this unified development code.
5. Prior to a final vote being taken upon any application for an amendment to the official zoning map for
which such conditions shall be imposed, such conditions shall be announced at the public hearing and

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made a part of the motion to approve. If such conditions are found to be unacceptable, the applicant
may withdraw or request a postponement. Upon such withdrawal, the applicant shall not be permitted
to re-file the same zoning map amendment for the same property until twelve (12) months has elapsed
from the date of withdrawal.
6. If the zoning decision of the mayor and city council is for the rezoning of property and the amendment
to accomplish the rezoning is defeated by the mayor and city council, then the same property shall not
again be considered for rezoning until the expiration of at least twelve (12) months immediately
following the defeat of the rezoning by the mayor and city council.

9.2.2 Standards governing the exercise of zoning powers.
A. In ruling upon any application for a zoning map amendment, or any other zoning decision, the mayor and
council shall act in the best interest of the health, safety, morals, and general welfare of the city. In doing so,
they will consider one (1) or more of the following standards of review which are relevant to the application:
1. Whether the proposal is consistent and/or compatible with the city's plans, goals and objectives
reflected in the city's comprehensive plan.
2. How the proposal impacts the purposes of the overall zoning scheme, and whether the proposed
change furthers the purposes of these zoning regulations. Applications for zoning amendments that do
not contain specific site plans carry a rebuttable presumption that the proposed change shall adversely
affect the zoning scheme.
3. How the proposal impacts the character of the zoning district, the particular piece of property,
neighborhoods, or the community.
4. Whether the proposal creates an isolated district unrelated to adjacent properties and nearby districts.
5. How the proposal impacts the aesthetic character of existing and future uses of the property and the
surrounding area.
6. Whether the proposal is consistent with adjacent development densities and the density patterns
reflected in the comprehensive plan.
7. How the proposal impacts the public health, safety, and general welfare.
8. How the proposal impacts water, sewerage, other public facilities, or public services, and how the
proposed amendment impacts expenditures of public funds.
9. How the proposal impacts traffic safety and congestion.
10. How the proposal impacts environmental conditions, including, but not limited to, drainage, soil
erosion and sedimentation, flooding, air quality, water quality and quantity.
11. How the proposal impacts the provision of adequate light and air.
12. How the proposal impacts the value of adjacent property.
13. Whether there are substantial reasons why the property cannot be used in accordance with existing
regulations.
14. Preservation of the integrity of residential neighborhoods shall carry greater weight than other factors.
Where property fronts on a major thoroughfare and also adjoins an established residential
neighborhood, the factor of preservation of the residential area shall carry greater weight.
B. After hearing evidence at the zoning hearing, the mayor and council shall apply the evidence to the
standards of review in making their decision. The mayor and council are not required to consider every

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criterion in the standards of review. The applicant carries the burden of proof that the proposed zoning map
amendment promotes the public health, safety, morality, or general welfare.
C. If the mayor and council determine from the evidence presented that the applicant has shown that the
proposed zoning map amendment promotes the health, safety, morals, or general welfare under the
standards of review, then the application shall be granted, subject to those reasonable conditions that may
be imposed by the mayor and council. Otherwise, such applications shall be denied.
D. In ruling upon any petition in which the petitioner has brought a challenge to the existing zoning
classification, the mayor and council shall follow these general lines of inquiry:
1. The existing uses and zoning of the subject and surrounding property.
2. The extent to which property values may be diminished by the particular zoning restrictions.
3. The extent to which the reduction of property values, if any, promotes the health, safety, morals, or
general welfare of the public.
4. The relative gain to the public, as compared to the hardship, if any, imposed upon the individual
property owner.
5. The suitability of subject property for development purposes as presently zoned.
6. The length of time the property, if vacant, has been vacant as zoned, considered in the context of land
development in the vicinity of the property.
E. The existing zoning classification shall be presumed to be valid; it shall be the responsibility of the applicant
to present evidence to rebut this presumption.
F. If the mayor and council determine, from the evidence presented, that the existing zoning classification is
unduly burdensome to the applicant and is not offset by consideration of the public'’s health, safety, morals,
and general welfare, and consideration of the integrity of this chapter and of the official zoning map, the
mayor and council may impose any appropriate zoning classification, including allowable conditions, which
might be consistent with the considerations outlined in subsection (a) of this section.

9.2.3 ReservedRevocation. Commented [RK1]: City Council has the authority to do
this immediately upon adoption. There's no need to limit
A. Upon the expiration of eighteen (18) months from the date of approval for an amendment to the official that authority and put additional conditions in place that
zoning map (rezoning) for which development has been abandoned (abandonment shall be deemed to have could result in procedural due process violations.
occurred when no, or minimal, improvements have been made), the city council may rezone the property to
the previous zoning district or any other zoning classification with proper public notice and action as
described by this unified development code.
B. Upon abandonment of a development, the community development director shall contact the property
owner of the expiration of eighteen (18) months. Prior to the public hearing, the owner may provide the
director with any documentation for consideration by the city council. If official documentation is provided,
the city council shall pay reasonable consideration to the following occurrences:
1. Substantial monetary value placed into the development of the land;
2. A delay resulting from court action involving the property in question;
3. Non-availability of utilities or facilities resulting from government inaction; and
4. A delay in development resulting from receiving permitting and proper approval from a Federal or
State agency.

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9.2.4 Requirements for modifications to approved zoning conditions and approved master
development plans.
A. Major modifications to zoning conditions include any changes to allowable uses, maximum density,
maximum intensity, or compatibility requirements attached to the zoning approval as conditions of approval.
The following procedure shall be followed:
1. An application shall be submitted containing details of the amendment requested, the situation giving
rise to the need for an amendment and accompanied by plans fully describing the nature and extent of
the amendment.
2. A staff report shall be prepared to address requirements listed in this section for the amended concept
plan and/or zoning conditions.
3. CZIM. A community zoning information meeting is required pursuant to section 9.2.10 Community
Zoning Information Meeting (CZIM).
43. Public Hearing. The director shall advertise for the public hearing at the planning commission and the
mayor and city council in accordance with Section 9.3, Public Notice Requirements.
54. The planning commission shall review the application for an amended concept plan at a public
meeting. The planning commission shall consider the application for amended conditions placed on
conditional usespecial uses and/or variances and make a recommendation to mayor and city council
according to the procedure in Section 9.2.
65. The mayor and city council shall consider the application for amended zoning conditions and/or
concept plan at a public hearing according to the procedures in Section 9.4.
B. Minor modifications include changes to dimensional design features as depicted on a concept plan. Such
dimensional design features as provided on a development plan shall generally conform to the conditions
depicted on the concept plan but shall be allowed to vary so long as the director determines that the
development plan is generally consistent with the concept plan conditions. The following information shall
be provided:
1. The development plan shall be accompanied by a detailed description of the site design features
depicted on the development plan that differ from the concept plan.
2. The description of the modifications shall also include an explanation of the need for the modification.
3. The development plan application will be processed as set forth in Section 8.4.
C. Requests to modify approved development plans may be approved by the director as set forth below:
1. An application shall be submitted containing details of the amendment requested, the situation giving
rise to the need for an amendment and accompanied by plans fully describing the nature and extent of
the amendment.
2. Review by the director shall follow the same procedures and address the same issues as for the original
application.

9.2.5 Requirements for conditional usespecial use permits.
A. Requirements. An application for a conditional usespecial use permit can be submitted by a property owner.
B. Official Application. The applicant shall submit the rezoning application and associated documents as
identified in subsection 9.1.2, Amendment Application.

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C. Action by the Director.
1. The director shall make a determination of application completeness.
2. The director shall prepare a staff report addressing the following issues, in priority:
a. The proposed use shall not cause traffic congestion or conditions that will adversely affect nearby
properties.
b. The physical conditions of the site, including topography, drainage and size and shape, are
suitable for the proposed development.
c. Adequate public facilities are available to serve the proposed use.
d. The applicant has made a binding agreement for any specific limitations or conditions necessary
to protect the public interest and assure the continued beneficial use and enjoyment of nearby
properties or that no special limitations are necessary to protect the public.
e. The conditional usespecial use with specific limitations and design features as may have been
required will further the aims of the comprehensive plan and will not be unduly detrimental to
nearby properties.
D. CZIM. A community zoning information meeting is required pursuant to section 9.2.10 Community Zoning
Information Meeting (CZIM).

Formatted: Indent: Left: 0", First line: 0"
DE. Public Hearing. The director shall advertise for the public hearing at the planning commission and the mayor
and city council in accordance with Section 9.3, Public Notice Requirements.
EF. Planning Commission Recommendation.
1. The application shall be submitted to the planning commission for review at a public meetinghearing.
2. The planning commission shall review the application according to the published schedule.
3. The planning commission shall submit its report with comments and recommendations according to
the published schedule. The recommendations of the planning commission shall be submitted to the
mayor and city council. The recommendations of the planning commission shall be of an advisory
nature and shall not be binding on the mayor and city council.
4. In making its recommendation, the planning commission may recommend approval, approval with
conditions, or denial. Findings shall be set forth in official minutes of the planning commission.
FG. Mayor and City Council Action.
1. The mayor and city council shall consider the application for conditional usespecial use permit at a
public hearing.
2. The mayor and city council shall consider the information set forth in the staff report and the findings
and recommendations of the planning commission.
3. In deciding upon any application for a conditional usespecial use permit, the mayor and city council
may, on their own motion or upon the suggestion of the applicant, or on consideration of the
recommendations of the planning commission, grant the application subject to certain conditions
necessary to promote and protect the health, safety and general welfare.
4. The mayor and city council may include conditions of zoning which they deem necessary in order to
make the requested action acceptable and consistent with the proposed uses of the district(s) involved
and to further the goals and objectives of the comprehensive plan. Such conditions:

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a. Shall only be valid if they are included in the motion approving the amendment of adoption.
b. Shall be permanent conditions of approval unless a lesser period of time is specified in the
amendment.
c. Shall be required of the property owner and subsequent owners as a condition of their use of the
property.
d. Shall be permitted and continuously enforced by the community development director in the
same manner as any other provision of this unified development code.
Prior to a final vote being taken upon any application for a conditional usespecial use permit for which
such conditions shall be imposed, such conditions shall be announced at the public hearing and made a
part of the motion to approve. If such conditions are found to be unacceptable, the applicant may
withdraw or request a postponement. Upon such withdrawal, the applicant shall not be permitted to
re-file the same zoning map amendment for the same property until one (1) year has elapsed from the
date of withdrawal.
7. If the zoning decision of the mayor and city council is for a conditional usespecial use permit and the
application is defeated by the mayor and city council, then the same property shall not again be
considered for a conditional usespecial use permit until the expiration of at least twelve (12) months
immediately following the defeat of the conditional usespecial use permit by the mayor and city
council.

9.2.6 Use permit considerations.
A. In the interest of the public health, safety and welfare, the city council may exercise limited discretion in
evaluating the site proposed for a use which requires a use permit. In exercising such discretion pertaining to
the subject use, the city council shall consider each of the following:
1. Whether the proposed use is consistent with the comprehensive land use plan adopted by the city
council;
2. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit
is proposed;
3. Whether the proposed use may violate local, State and/or Federal statutes, ordinances or regulations
governing land development;
4. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets;
5. The location and number of off-street parking spaces;
6. The amount and location of open space;
7. Protective screening;
8. Hours and manner of operation;
9. Outdoor lighting; and
10. Ingress and egress to the property.
B. In granting such permits, conditions may be attached as are deemed necessary in the particular case for the
protection or benefit of neighbors to ameliorate the effects of the proposed development/use.

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9.2.7 RevocationReserved.
A. Upon the expiration of eighteen (18) months from the date of approval for an amendment to the official
zoning map (rezoning) for which development has been abandoned (abandonment shall be deemed to have
occurred when no, or minimal, improvements have been made), the city council may rezone the property to
the previous zoning district or any other zoning classification with proper public notice and action as
described by this unified development code.
B. Upon abandonment of a development, the community development director shall contact the property
owner of the expiration of eighteen (18) months. Prior to the public hearing, the owner may provide the
director with any documentation for consideration by the city council. If official documentation is provided,
the city council shall pay reasonable consideration to the following occurrences:
1. Substantial monetary value placed into the development of the land, Formatted: List 1
2. A delay resulting from court action involving the property in question;
3. Non-availability of utilities or facilities resulting from government inaction; and
4. A delay in development resulting from receiving permitting and proper approval from a Federal or State
agency.

9.2.8 Requirements for amendments of the unified development code.
This unified development code may be amended by the mayor and city council on its own motion.
Otherwise, a complete application packet shall be required as described below:
A. An application to amend the text of the unified development code shall be submitted on forms
provided by the city.
B. The application shall include the following information:
1. Identification of the specific provision proposed for amendment;
2. The proposed modifications in a strikethrough and underline format;
3. A detailed explanation of the rationale and justification for the requested amendment; and
4. A detailed explanation of the potential impacts of the modification on the development of the
City of Stockbridge;
C. The director shall prepare a staff report analyzing the proposed amendment and recommending
approval, denial, or approval with modifications. The staff report shall address the following issues:
1. Consistency of the amendment with the comprehensive plan.
2. Potential impacts on the character and quality of development in the city and any affected zoning
districts.
3. Potential impacts on the provision of infrastructure and improvements.
4. The merits of the proposed amendments relative to any guidelines, policies, or programs
adopted in furtherance of the comprehensive plan.
D. Public Hearing. The director shall advertise for the public hearing at the planning commission and the
mayor and city council in accordance with Section 9.3, Public Notice Requirements.
E. The planning commission shall consider the proposed amendment to the unified development code at
its regularly scheduled public meeting.

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1. The planning commission shall evaluate the proposed amendment, considering the issues and
recommendations contained in the staff report.
2. The planning commission shall make a recommendation to the mayor and city council for
approval, approval with further modifications, or denial.
F. The mayor and city council shall consider the proposed amendment at a public hearing conducted as
set forth in Section 6.4.
1. The mayor and city council shall consider the information set forth in the staff report and the
recommendations of the planning commission.
2. The mayor and city council may approve, approve with modifications, or deny the proposed
amendment to the unified development code.

9.2.9 Requirements for amendment to the comprehensive plan.
The comprehensive plan may be amended by the mayor and city council on its own motion. Otherwise, a
complete application packet shall be required as described below.
A. An application to amend the text or maps of the comprehensive plan shall be submitted on forms
provided by the city.
B. The application shall include the following information:
1. Identification of the specific provision proposed for amendment.
2. The proposed modifications in a strikethrough and underline format.
3. A detailed explanation of the rationale and justification for the requested amendment.
4. A detailed explanation of the potential impacts of the modification on the development of the
City of Stockbridge.
C. The director shall prepare a staff report analyzing the proposed amendment and recommending
approval, denial, or approval with modifications.
D. Public Hearing. The director shall advertise for the public hearing at the planning commission and the
mayor and city council in accordance with Section 9.3, Public Notice Requirements.
E. The planning commission shall consider the proposed amendment to the comprehensive plan at a
public meeting.
1. The planning commission shall evaluate the proposed amendment, considering the issues and
recommendations contained in the staff report.
2. The planning commission shall make a recommendation to the mayor and city council for
approval, approval with further modifications, or denial.
F. The mayor and city council shall consider the proposed amendment at a public hearing conducted as
set forth in Section 6.4.
1. The mayor and city council shall consider the information set forth in the staff report and the
recommendations of the planning commission.
2. The mayor and city council may approve, approve with modifications, or deny the proposed
amendment to the comprehensive plan.

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9.2.10 Community Zoning Information Meeting (CZIM).
A. Purpose. The purpose of the community zoning information meeting (CZIM) requirement is to help educate Formatted: Font: (Default) +Body (Calibri)
applicants and neighbors about one another's interests, to attempt to resolve issues in a manner that respects
Formatted: Indent: Left: 0.13"
those interests, and to identify unresolved issues.
B. Applicability. CZIM’s are applicant-initiated meetings required to be held for any applicant-initiated decisions
as required by this chapter. They are encouraged in all cases. Formatted: Font: (Default) +Body (Calibri)
C. Written notice. The applicant or their representative is responsible for completing all requirements of this
section. Written notice is required for all CZIMs and shall be sent via first class mail to the owners of all
residentially zoned property adjacent to the boundaries of the subject property, as those property owners
are listed on the tax records of Henry County. The notices shall be mailed at least 10 days before the date of
the CZIM. Written notices shall indicate the nature of the application, the street address of the subject
property, and the date, time, place and purpose of the meeting.
D. CZIM. The applicant shall host a meeting, either virtual or in-person, that is accessible to the general public. Formatted: Font: Italic
E. Summary report. The applicant shall host the meeting and submit a summary of the CZIM prior to the public Formatted: Font: Not Italic
meeting before the planning commission. The summary report shall describe:
Formatted: Font: (Default) +Body (Calibri)
1. Efforts to notify neighbors about the meeting date, time, and location (how and when notification
Formatted: Font: (Default) +Body (Calibri)
occurred, and who was notified);
Formatted: Indent: Left: 0.13", Hanging: 0.25"
2. Meeting location, date, and time;
Formatted: Indent: Left: 0.44"
3. Who was involved in the discussions;
Formatted: Font: (Default) +Body (Calibri)
4. Suggestions and concerns raised by neighbors; and
5. What specific changes to the proposal were considered and/or made as a result of the meeting.

9.3 Public notice requirements.
All hearings of the mayor and city council which involve annexation, zoning map amendments, Formatted: Normal, Indent: Left: 0", First line: 0"
amendment of the unified development code, special use permits, major modifications, appeals, and variances are
public and subject to the notification requirements under the State Zoning Procedures Law, O.C.G.A. 36-66-1 et
seq., where applicable.
Planning commission meetings shall be open to the public but are not required to be public hearings.

9.3.1 Public notice required.
A. Notice shall be provided by the city for public meetings and hearings regarding the following actions:
1. Amendment of the official zoning map;
2. Conditional useSpecial use permits;
3. Amendment of unified development code;
4. Major modification of zoning conditions and/or master development plans; and
5. Variances.
B. All required public Nnotices shall include the following information:
1. Date and Ttime of the public meeting or public hearing;
2. Place of the public meeting or public hearing;

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3. Location of the property being considered;
43. Purpose of the requested action; and
54. For requests to amend the official zoning map, the notice shall include the current and proposed
zoning district.

9.3.2 Legal advertisementsRequirements for publishing legal ads.
A. Upon receipt of a completed application, fees, and other information required by this chapter or Chapter Formatted: Indent: Left: 0", First line: 0"
8, the community development director shall cause notice of such application to be The public notice shall be
published within a newspaper of general circulation within the territorial boundaries of the City of Stockbridge, at
least fifteen thirty (3015) but not more than forty-five (45) calendar days prior to the date of the public hearing.
The notice shall state the time, place, and purpose of the hearing.
B. If a rezoning is initiated by a party other than the city then the notice shall include the present zoning
classification of the property, and the proposed zoning classification of the property.

9.3.3 Requirements for posting signs.
A. The city shall provide standardized signs for posting to provide public notice of meetings and hearings.
B. The city shall be responsible for posting the sSign(s) shall be posted as follows:
1. The sign(s) shall be posted in a conspicuous location on the property.
2. The sign(s) shall be posted not less than thirtyfifteen (3015) and not more than forty-five (45) calendar
days prior to the date of the public hearing.
3. If the property proposed for rezoning does not have frontage on a public street, then the sign may be
posted on the right-of-way of the nearest public street that provides access to the site.
C. The city shall be responsible for timely removal of the sign following the hearing.
DC. Any city-initiated request shall be exempt from these posted notice requirements of this section unless
otherwise required by the state statute referenced in Section 9.3.5, Additional Notice Required.

9.3.4 Mailed notice.
Mailed notice shall be provided to all adjacent property ownersies that share a boundary line with the
subject property, including those across public rights-of-way, at least thirtyfifteen (3015) but not more than forty-
five (45) calendar days prior to the date of the public hearing for all variances, conditional usespecial uses,
modifications, and amendments to the official zoning map (rezoning). Additionally, notice shall be sent to the
subject property owner(s). Said adjacent-property owner The applicant shall mail these notices shall be mailed by
the applicant, and the applicant shall provide the community development director proof of mailing. a minimum of
seven (7) days prior to the scheduled public hearing.

9.3.5 Additional notice required.
When any of the following actions are proposed, reference the Georgia Zoning Procedures Law, O.C.G.A. 36-
66-1 et seq., for additional requirements.
A. City-initiated rezoning and/or text amendment to revise a zoning classification related to single-family Formatted: Numbered + Level: 1 + Numbering Style:
residential uses of property so as to authorize multifamily uses of property pursuant to such A, B, C, … + Start at: 1 + Alignment: Left + Aligned at:
classification or definitions, or to grant blanket permission, under certain or all circumstances, for 0.25" + Indent at: 0.58"

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property owners to deviate from the existing zoning requirements of a single-family residential zoning;
or,
B. Halfway house, drug rehabilitation center, or other facility for the treatment of drug dependency; or,
C. Annexation. Formatted: List 1, Numbered + Level: 1 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment: Left +
9.4 Procedures for conducting public hearings. Aligned at: 0.25" + Indent at: 0.58"

9.4.1 Rules of procedure.
The following rules of procedure in compliance with O.C.G.A. § 36-66-5 shall govern public hearings before
the planning commission and the mayor and city council:
A. Each person speaking before mayor and council shall identify him or herself by name, address, and
state whether the applicant is owner or agent for the owner.
B. Each applicant or other interested party who submits documents at the hearing shall have each
document numbered and shall identify each document. Each document submitted shall be made a part
of the official record of the hearing.
C. Time Allotted for Testimony.
1. Each applicant shall have ten (10) minutes to present data, evidence, and opinions pertinent to
the application. A portion of this time may be saved for rebuttal.
2. Persons in opposition to rezoning of property or amendment to the zoning ordinance shall have a
total of ten (10) minutes to address the board. Each person shall provide the development
director with his or her name and address.
3. Additional time may be granted equally to the applicant and opponents at the discretion of the
mayor or the chair of the planning commission.
D. At the conclusion of a hearing by the planning commission, the board chair shall announce its
recommendation, as required, and instruct the development director to notify the applicant of such
decision or recommendation in writing. The notification shall be made a part of the record on the date
written notification is given to the applicant.
E. At the conclusion of a hearing by mayor and council, the mayor and council may take the following
actions:
1. Approve the application.
2. Approve the application with conditions.
3. Deny the application.
4. Continue or postpone their deliberations for rendering their decision to a date certain.
5. Remand matters to the planning commission for additional review and recommendation if the
natural of the request has substantially changed.
Mayor and city council shall announce its decision and instruct the community development director to
notify the applicant of the decision in writing. The written notification shall immediately be entered on the minutes
and made a part of the record on the date such written notification is given to the applicant.

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9.4.2 Additional hearing requirements.
When any of the following actions are proposed, reference the Georgia Zoning Procedures Law, O.C.G.A. 36-66-1 Formatted: Indent: First line: 0"
et seq., for additional requirements.
A. City-initiated rezoning and/or text amendment to revise a zoning classification related to single-family Formatted: Numbered + Level: 1 + Numbering Style:
residential uses of property so as to authorize multifamily uses of property pursuant to such A, B, C, … + Start at: 1 + Alignment: Left + Aligned at:
classification or definitions, or to grant blanket permission, under certain or all circumstances, for 0.25" + Indent at: 0.58"
property owners to deviate from the existing zoning requirements of a single-family residential zoning;
or,
B. Halfway house, drug rehabilitation center, or other facility for the treatment of drug dependency; or,
C. Annexation.

9.7 Requirements for developments of regional impact.
A. A proposed development that meets or exceeds the thresholds established by the Georgia Department of
Community Affairs (DCA), Atlanta Regional Commission (ARC), and Georgia Regional Transportation
Authority (GRTA) for a Development of Regional Impact (DRI) shall be reviewed according to the procedures
in Chapter 110-12-3, Rules of the Department.
B. When a development meeting the threshold standards established by the DCA, ARC, and GRTA is proposed,
the city shall take no action (including actions by the director, planning commission, or mayor and city
council) concerning the development until the DRI review process is completed.
C. Upon receipt of a request for action related to a project that meets or exceeds the thresholds established for
that development category, the City of Stockbridge may request that the applicant submit additional
information about the project using forms available from DCA.
D. Upon a determination that the proposed development is not a DRI, the city may process applications
concerning procedures set forth in this unified development code.
E. Upon conclusion of the DRI review, the city may continue with review and decision-making procedures as set
forth in this unified development code.
1. The city is encouraged to include the public finding and comments regarding the proposed DRI project
in considering actions on the application for project approval.
2. Where the project received a negative public finding and the city approves the project, the city shall
notify the DCA, indicating any conditions that have been placed on the project to mitigate the negative
finding.
3. The director shall submit applications for DRI review to the DCA.

9.8 Zoning of annexed property with common zoning classification.
Property annexed from Henry County into the city shall be automatically zoned by the city through the
operation of this section for the same use for which the property was zoned immediately prior to annexation, so
long as the city and county zoning ordinances share a common zoning classification for such use. As provided
under O.C.G.A. § 36-66-4(e), a zoning action taken pursuant to this section shall exempt the city from the notice
and public hearing requirements of the Zoning Procedure Law, O.C.G.A. § 36-66-1 et seq., and the zoning
amendment procedures under this Code. Property which was zoned pursuant to this section may later be rezoned
upon compliance with the requirements of the Zoning Procedure Law, O.C.G.A. § 36-66-1 et seq., and the zoning
amendment procedures under this Code.

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9.9 Waivers Formatted: Section

A. Applicability. The Waiver permits specified minor deviations from the Zoning Ordinance, as provided in
the various articles of this Code and as consistent with the guiding principles of this Code. Waivers are
intended to relieve practical difficulties in complying with the strict requirements of this Code. Waivers
are not intended to relieve specific cases of financial hardship, nor to allow circumventing of the intent of
this Code. There are two tiers of waiver requests defined herein.
B. Authorized Waiver Requests
1. Tier 1: Tier 1 waivers are minor in nature and intended to solve minor issues that arise from the
application of the code during building and site design and development.
a. Reduce width of any dimensional standard for any architectural standard in Section
4.4 by up to 20 percent (20%).
b. Reduce width of any dimensional standard for any street or streetscape standard by Formatted: Not Highlight
up to 20 percent (20%), but in no case shall the sidewalk be reduced to less than four
(4) feet wide.
c. Reorder the landscaped strip, sidewalk, and building zones or relocate improvements Formatted: Not Highlight
and amenities among them (e.g.: relocate trees to building zone).
Formatted: Not Highlight
d. Allow changes in frequency of improvements in the landscaped strip, sidewalk, and
Formatted: Not Highlight
building zones in Section 4.5 by up to 20 percent (20%) (e.g.: increase the separation
of bicycle racks from 250 to 350 feet). Formatted: Not Highlight

2. Tier 2: Tier 2 waivers are more significant requests that would result in a more substantial Formatted: Not Highlight
departure from the code requirements. Formatted: Not Highlight
a. Reduce width of any dimensional standard for any street or streetscape standard any Formatted: Not Highlight
amount.
Formatted: Not Highlight
b. Reduce, alter, or eliminate any standards in Section 4.4.
Formatted: Not Highlight
c. Reduce, alter, or eliminate any standards in Section 4.5s.
Formatted: Not Highlight
d. Reduce, alter, or eliminate any standards in Section 4.6.
Formatted: Not Highlight
e. Reduce, alter, or eliminate any standards in Section 4.7.
Formatted: Not Highlight
f. Reduce, alter, or eliminate any standards in Section 4.8. Formatted: Not Highlight
C. Authority to File. Applications for waivers may be filed by the owner of the subject property or the Formatted: Not Highlight
property owner’s authorized agent.
D. Pre-application Meeting. A pre-application meeting with the Community Development Department is
required for all waiver requests.
E. Tier 1 and Tier 2 Notice.
1. Tier 1 Waivers.

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a. Posted notice (signs) shall be posted for a minimum of (10) days before a decision is
rendered and in a conspicuous place on the subject property to notify the public of a
request for a Tier 1 waiver.
b. Each notice shall provide the following information:
1. Purpose of request
2. Location of property
c. Members of the public wishing to support or oppose a request for Tier 1 waiver shall
file their comments in writing with Community Development Department. The
deadline for acceptance of comments is ten (10) days after notice was posted.
2. Tier 2 Waivers. Tier 2 waivers require a public hearing.
a. Each notice shall provide the following information: Formatted
1. Time of hearing
2. Place of hearing
3. Purpose of request
4. Location of property
5. Present zoning
b. Newspaper Notice. Newspaper notice shall be published at least 30 days but not more
than 45 days before the date of the Mayor and City Council public hearing.
c. Posted Notice. Posted notice (signs) shall be posted at least 30 days but not more
than 45 days before the date of the Mayor and City Council public hearing.
F. Decision-Making Process
1. Tier 1 Waivers.
a. Upon receipt of a complete Tier 1 waiver application, the Community Development
Department shall review the proposal and prepare an analysis.
b. At least 30 days from the submittal of a complete application, the Community
Development Director shall act to approve the Tier 1 waiver, approve the Tier 1
waiver with conditions, or deny the Tier 1 waiver based on the applicable review and
approval criteria of. The Community Development Director is also authorized to allow
the applicant to withdraw the Tier 1 waiver without prejudice.
2. Tier 2 Waivers.
a. Staff Review. Upon receipt of a complete Tier 2 waiver application, the Community
Development Department shall review the proposal and prepare an analysis and
recommendation for consideration by the Planning Commission.
b. Planning Commission Recommendation. The Planning Commission shall hold a public
meeting on the Tier 2 waiver application. The Planning Commission shall act to

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recommend that the Tier 2 waiver be approved, approved with conditions, or denied
based on the applicable review and approval criteria of this section. The Planning
Commission may also recommend deferral of the application, or, upon request of the
applicant, withdraw of the application without prejudice.
c. Mayor and Council Decision. Upon receipt of a recommendation from the Planning
Commission, the Mayor and City Council shall review the Tier 2 waiver application.
The Mayor and City Council shall act to approve the Tier 2 waiver, approve the Tier 2
waiver with conditions, or deny the Tier 2 waiver based on the applicable review and
approval criteria of this section. The Mayor and City Council is also authorized to
withdraw the Tier 2 waiver without prejudice.
G. Review and Approval Criteria. The Community Development Director may authorize Tier 1 waivers, and
the Council may authorize Tier 2 waivers from the provisions of this Zoning Ordinance based on
consideration of the following criteria:
1. Features such as topography, high frequency transmission lines, existing trees of specimen or
significant quality, underlying rock, or other condition outside the owner’s control to the extent
that strict adherence to said requirements would be unreasonable and not consistent with the
purposes and goals of this code;
2. Alternative streetscape or building/façade design configurations are provided; and
3. Proposal will not result in any detriment to the public good, including without limitation,
detriment to the interest of the public, and will not result in any harm to the health, safety or
general welfare of the City and its citizens.
H. Successive Applications. If a waiver application is denied, an application to waive the same Zoning
Ordinance provision for the same portion of the subject property may not be resubmitted for one (1) year
from the date of the denial.
I. Appeals. See Section 10.3 for Tier 1 waivers and Section 10.4 for Tier 2 waivers.
J. Amending Conditions of Approval. A request for changes in conditions of approval attached to an Formatted: Paragraph 1, Numbered + Level: 1 +
approved waiver shall be processed as a new waiver application in accordance with the procedures of this Numbering Style: A, B, C, … + Start at: 1 + Alignment:
division, including the requirements for fees, notices, and hearings. Left + Aligned at: 0.25" + Indent at: 0.5"

Chapter 10 VARIANCES, ADMINISTRATIVE VARIANCE, AND ADMINISTRATIVE
APPEALS

10.1 Variances.

10.1.1 Generally.
A. A variance may be granted where owing to special conditions, a literal enforcement of the provisions of this
unified development code will in an individual case result in unnecessary hardship.

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B. A variance shall observe the spirit of this unified development code, secure public safety and welfare, and
deliver substantial justice.
C. The existence of a nonconforming use on adjacent or nearby property shall not constitute a justification for
granting a variance.
D. The planning commission shall make recommendations to the mayor and city council which shall have the
authority to render a decision on a variance application pursuant to the public notice and hearing
requirements set forth in Chapter 9.
E. A variance may not be granted for a use specifically prohibited by this unified development code. A variance
is intended to compensate for a shortfall in a dimension of real property that would prevent the property
from complying with a site design standard. Variances may only be granted following a review of an
application against criteria established below.

10.1.2 Types of variancesProhibited variances.
A.The variance procedures of this chapter shall not be used to:
A. Allow a structure or use not authorized in the subject zoning district; Formatted: Indent: Left: 0.3"
B. Allow an increase in maximum building height;
C. Waive, vary, modify or otherwise override a condition of approval attached to a rezoning, special use,
or other major modification under this unified development code;
D. Reduce, waive, or modify in any manner the minimum lot area or lot width required for any lot;
E. Allow the reestablishment of any nonconforming use that has been abandoned or lost its
nonconforming rights; or
F. Allow the expansion or enlargement of any non-conforming use.
A request for a variance shall be limited to the following site design standards:
1. Maximum building height;
2. Minimum lot width;
3. Minimum lot area;
4. Required spacing for driveways;
5. Minimum front, side, or rear yard setbacks;
6. Dimensional standards for parking or loading spaces; or
7. Sign as it relates to number, set back, building material, size or sign style.

10.1.3 Criteria to be considered for deciding variances.
A variance may be granted only upon a finding by the mayor and city council that all the following conditions
are met:
A. Extraordinary and exceptional circumstances pertaining to the particular piece of property in question
exist due its size, shape, or topography that are not found on other properties in the same zoning
district;
B. A literal interpretation of the provisions of this unified development code would deprive the applicant
of rights commonly enjoyed by owners of other properties located in the same zoning district;

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C. Granting the variance requested will not confer upon the property owner any special privileges that are
denied to other owners of property in the same zoning district;
D. The variance will be consistent with the purposes and intent of this unified development code, will be
compatible with uses on neighboring properties, and will serve the public welfare;
E. The extraordinary circumstances are not the result of actions of the applicant;
F. The variance is the minimum relief that will allow the legal use of the land, building or structure; and
G. The variance is not a request to permit a use of land, buildings or structures that is prohibited in the
same zoning district.

10.1.4 Requirements for authorizing a variance.
A. Requirements. A variance may be initiated by an application from a property owner or on behalf of a
property owner.
B. Application. Applications shall contain the information set forth below:
1. The City of Stockbridge application for variance.
2. Proof of ownership.
3. When the applicant is a representative of the property owner, a notarized statement authorizing the
representative to act as an agent of the property owner with regard to the application and associated
procedures.
4. Applicant campaign disclosure form (for applicant/owner, agent and/or attorney).
5. A property survey conducted no more than five (5) years prior to the filing of the application,
containing the legal description, boundaries, land area, notation whether any portion of the property is
within a floodplain and existing improvements located on the site. Where two (2) or more parcels are
included within a proposed development, the survey shall include all parcels that are part of the
proposed development, including all phases. The survey shall be prepared and sealed by a surveyor
registered in the State of Georgia. If the survey is older than five (5) years, the survey must be certified
by a surveyor registered in the State of Georgia as to whether changes have or have not been made to
the property.
6. A vicinity map indicating the location of the site proposed for development.
7. Proof of payment of fees.
8. Other information as may be required by the director.
C. Action by the Director.
1. The director shall make a determination of application completeness.
2. The director shall prepare a staff report addressing the request for variance.
D. Public Hearing. The director shall advertise for the public hearing at the planning commission and the mayor
and city council in accordance with Section 9.3, Public Notice Requirements.
E. Planning Commission Recommendation.
1. The application shall be submitted to the planning commission for review at a public hearingmeeting.
2. The planning commission shall review the application according to the published schedule.

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3. The planning commission shall submit its report with comments and recommendations according to
the published schedule. The recommendations of the planning commission shall be submitted to the
mayor and city council. The recommendations of the planning commission shall be of an advisory
nature and shall not be binding on the mayor and city council.
4. In making its recommendation, the planning commission may recommend approval, approval with
conditions, or denial. Findings shall be set forth in official minutes of the planning commission.
F. Mayor and City Council Action.
1. The mayor and city council shall consider the application for variance at a public hearing.
2. The mayor and city council shall consider the information set forth in the staff report and the findings
and recommendations of the planning commission.

10.2 Administrative variance.
The director shall have the power to approve a variance from site design and development standards of this
unified development code where the intent of this unified development code can be achieved, equal performance
obtained, and the administrative variance would not override conditions of zoning assigned by the elected body.
The authority to grant a variance shall be limited to the following approvals:
A. A reduction in the minimum front, side, or rear yard setbacks for a single lot, provided the following
standards are met:
1. The reduction is necessary due to the existence of any one (1) of the following factors:
a. Geologic conditions;
b. Topography; or
c. Inability of the applicant to adhere to tree protection standards set forth in Chapter 13,
Tree Protection.
2. The reduction is limited to a maximum deviation of ten percent (10%) from the site design
standard.
B. Side yard requirements may be waived by the community development director, where a joint fall-out
shelter is proposed, provided that permanent easements are recorded to ensure access to both
parties.
C. An waiver from Section 4.8 requiring a dust free parking surface may be issued by the director provided
the parking area consists of a pervious or semi-pervious materials meeting the following standards:
1. There shall be a paved primary lot that serves the parking needs of customers and employees on
a regular basis. Unpaved parking spaces may not count toward the parking requirements outlined
in Section 4.8 with the exception of spaces dedicated to employees of the business.
2. Materials used for unpaved parking shall be approved by the Henry County Fire Department prior
to installation.
3. Unpaved parking areas shall be enclosed by a fence that restricts public access. All gates and
locks shall be approved by the Henry County Fire Department prior to installation.
4. The unpaved parking area shall meet the design standards for parking lots, with the exception of
paving requirements, and including size of spaces, drive aisles, maneuvering areas and
stormwater management.

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5. A paved driveway leading to the unpaved parking area that is a minimum of twenty-four (24) feet
in length shall be provided.
6. Unpaved parking areas are subject to the landscaping provisions, including the provision that all
landscaping be permanently maintained. Surfaces must remain grass and weed free.

10.3 Appeal of administrative actions.
A. The mayor and city council shall hear and decide appeals where it is alleged by the appellant that there is
error in any approval, denial, written interpretation, or decision made by the director, based on the
interpretation or enforcement of the unified development code.
B. Only persons or entities that have legal standing in the challenged action shall be permitted to file an appeal
under this Code section.
C. Appeals under this Code section shall be filed with the director. The director shall immediately notify the
appropriate department that an appeal application and the requisite fees have been filed and shall
immediately forward those documents to the appropriate department head and/or his or her designee for
handling. Upon receipt of the appeal documents, the department head or his/her designee shall be
responsible for notifying the city clerk via email that an appeal application has been filed and shall thereafter,
be responsible for ensuring that all appeal documentation is provided to the city clerk for inclusion of the
matter on a scheduled public meetinghearing to be heard by the mayor and city council not later than thirty
(30) calendar days from the date of filing. The notifying department shall be responsible for submitting any
required legal advertisements and posting the appropriate signs. The director shall be responsible for
notifying all property owner(s) and appellant(s) all affected parties that an appeal has been filed and the date
on which the appeal will be heard by the mayor and city council. The director shall be responsible for
providing an executive summary detailing the rationale for the decision in question and shall present the
findings and all relevant documents pertaining to the appeal to the city clerk for presentation at the mayor
and city council meeting in which the appeal will be heard.
Should the mayor and city council overturn the decision of staff, the applicant shall have thirty (30) calendar
days from the date of the decision to request a refund of no more than seventy-five percent (75%) of the appeal
fee paid.
D. A scheduled appeal may be temporarily postponed at the request of the appellant or staff; however, the
party requesting such postponement shall be responsible for the cost of any legal advertisement fees prior to
the matter being rescheduled for a new hearing date.

10.3.1 Applicability.
A. Appeals may be filed by any person aggrieved by any written approval, denial, interpretation, decision or
enforcement action of the director, based on or made in the enforcement of the unified development code.
B. A person shall be considered aggrieved if:
1. Said person or said person's property was the subject of the action appealed from; or
2. Said person has a substantial interest in the action appealed from and is in danger of suffering special
damage or injury not common to all property owners similarly situated.

10.3.2 Time for applications and hearings.
A. An appeal shall be filed within thirty (30) calendar days following the written approval, denial, or
interpretation, of the director.

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B. A hearing before the mayor and city council shall be held according to the published schedule.

10.3.3 Application requirements.
An appeal request, along with the advertising and review fee per the approved fee schedule shall be filed
with the director indicating on the application in which the administrative decision originated and include a letter
of intent addressing the following:
1. Completed application form, provided by the city;
2. Written documentation specifying the alleged errors in the approval, denial, interpretation, or decision
of the planning commission or the director;
3. Citation of the section(s) of the unified development code pertaining to the action of the director; and
4. A statement of the specific relief requested by the party appealing.

10.3.4 Stay of proceedings.
An appeal stays all legal proceedings in furtherance of the action appealed from unless the director certifies
to the mayor and city council, after notice of appeal has been filed, that by reasons of facts stated in the
certificate, a stay would, in the opinion of the director, cause imminent peril to life or property. In such case,
proceedings shall be stayed only by a restraining order granted by the Superior Court of Henry County on notice to
the director and on due cause shown.

10.3.5 Action on appeals.
A. The hearing of the appeal shall be quasi-judicial and shall be conducted at a regular meeting, according to
the published schedule, or at a special meeting of the mayor and city council.
B. Public Hearing. The director shall advertise for the public hearing at the planning commission and the mayor
and city council in accordance with Section 9.3, Public Notice Requirements.
C. Any party may appear at the hearing in person, by an authorized agent, or by an attorney.
D. Following the consideration of all testimony, documentary evidence, and matters of record, the mayor and
city council shall make a determination on the appeal. An appeal shall be sustained only upon an expressed
finding by the mayor and city council that the decision by the director was based on an erroneous finding of
a material fact, or that the director acted in an arbitrary manner. In exercising its powers, the mayor and city
council may reverse or affirm, wholly or partly, or may modify the requirement, decision or determination
appealed from, and to that end shall have all the powers of the director from whom the appeal was taken
and may issue or direct the issuance of a permit provided all requirements imposed by all other applicable
laws are met.

10.4 Appeals of mayor and city council actions.
All appeals of final decisions of the mayor and city council shall be as follows:
A. A. An appeal of the final decision of the mayor and city council under this chapter may be taken by
the applicable processes as stated in O.C.G.A. § 36-66-5.1.
B. If an appeal is being made by way of petition for review to the superior court where the property lies,
in accordance with both O.C.G.A. § 36-66-1 et seq and as provided for in Chapter 4, Title 5 of the
Official Code of Georgia Annotated, any petition may be served through the city manager or mayor

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on behalf of the lower judiciary body being appealed. The city manager or mayor may be served with
the petition on behalf of the city. Formatted: Font: Bold
C. An appeal shall be filed within thirty (30) calendar days after the disputed final decision is rendered.

Any person aggrieved by a final decision of the mayor and city council may appeal such decision by filing a
petition in writing with the Superior Court of Henry County.
B. An appeal shall be filed within thirty (30) calendar days after the disputed final decision is rendered.

10.5 Vested rights.
The purpose of this section is to provide a method to recognize vested rights and works-in-progress that
were authorized prior to the effective date of this unified development code.
A. Any property zoned PD (planned development) prior to adoption of this unified development code
shall be subject to all development agreements and approved master plans until such time the
property is rezoned.
B. Any property that has been rezoned prior to adoption of this unified development code shall meet all
prior zoning conditions imposed regardless of any zoning change caused by this unified development
code until such time the property is rezoned.
C. Applicant shall be vested in any permit approved prior to adoption of this unified development code
until the permit expires.
D. All flag lots platted and recorded prior to adoption of this unified development code shall be
considered legal, nonconforming lots of record.

Chapter 11 ENFORCEMENT

11.1 Authority.
The City of Stockbridge and the department of community development (and their designees) is designated
to enforce the provisions, regulations, and intent of this Code. All remedies and enforcement shall comply with the
powers set forth in all applicable State of Georgia laws.

11.2 Violations.
Complaints made pertaining to this unified development code shall be investigated by the community
development director (and their designees). Action may or may not be taken depending on the findings.

11.3 Inspection of property.
Investigations of property may be done from a right-of-way without permission of the property owner, or
adjacent property (with permission), or from the property suspected of a violation once he/she has presented
sufficient evidence of authorization and described the purpose of the inspection to the owner, tenant, or occupant
at the time of the inspection and consent of the owner is obtained.
In the event that entry to the subject property is denied, by the community development director (and their
designees) may apply to the municipal court to invoke legal, applicable, or special remedy for the inspection of
property and enforcement of this Code or any applicable codes adopted under State code. The application shall

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include the purpose, violation(s) suspected, property address, owner's name if available, and all relevant facts.
Additional information may be necessary as requested by the court.

11.4 Responsibility of violation.
The owner of any property or building, or part thereof, shall be responsible for the violation. Architects,
builders, developers, or agents thereof may also be held responsible for the violation if evidence of their
involvement or negligence is found. Ultimately, if fault is not clearly found in whole or in part in persons other than
the owner, the owner shall be held responsible in whole or in part as warranted by the findings of the community
development director (and their designees).

11.5 Types of violations.
The following items shall be deemed civil zoning violations, enforceable by the community development
director (and their designees). Penalties may be imposed based on the provisions set forth in this article.
A. The placement or erection of a primary structure, accessory structure, sign, or any other element
determined to not conform to the provisions or explicit intent of the unified development code;
B. The maintenance of a primary structure, accessory structure, sign, or any other element determined to
not conform to the provisions or explicit intent of the unified development code;
C. Failure to obtain a building permit when required by this Code;
D. Conducting a use or uses that do not comply with the provisions or explicit intent of this Code;
E. Any failure to comply with the development standards and/or any regulations of this Code;
F. Proceeding with work under a stop-work-order or a violation of a memorandum of agreement; and
G. Any failure to comply with commitments or conditions made in connection with a rezoning, conditional
usespecial use, variance or other similar conditioned commitment made by the city council.

11.6 Procedure for violations.
There shall be a three-step procedure for violations of this unified development code. These steps are as
follows:
A. The community development director (and their designees) shall issue a notice of violation to the
person(s) who has committed, in whole or in part, a violation. The notice of violation is a warning to
the violator(s) that a violation has been determined and that it must be corrected within fifteen (15)
days of the mailing date or posting of notice. The violator will have the opportunity to respond prior to
the imposition of a penalty and further rights as provided in Section 13.8.
B. The community development director (and their designees) shall issue a notice of fines and penalties
to the person(s) who have committed, in whole or in part, a violation. The notice of fines and penalties
is a citation that states the fines and penalties for the violation. The person(s) in violation will have
fifteen (15) days to pay said fines and/or comply with the penalties. The person(s) in violation must
correct the violation within fifteen (15) days or face additional notices of fines and penalties.
C. If the person(s) in violation refuses to pay or comply with the penalties, or correct the violation, after
notice has been given, the department of community development and/or City of Stockbridge may
pursue court action through the municipal court. Fines and liens against the property may also be
pursued until the matter is resolved.

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11.7 Immediate public risk violations.
Any violation of this Code which presents an immediate risk to the health, safety, or welfare of the public, or
to property within the City of Stockbridge may be corrected by the community development director (and their
designees), without prior notice to the property owner or other person responsible for the violation.
A. Immediate public risk violations shall include:
1. Signs, structures, landscaping or other materials placed in a public right-of-way, easement, or
sight visibility triangle in violation of this unified development code.
2. Any sign, structure, landscaping, or other material located on private property which serves to
distract or inhibit operators of motor vehicles on adjacent public streets, pedestrians, or other
members of the general public.
3. Any other immediate threat to public welfare as determined by the community development
director (and their designees), city police department, county fire department, and/or other
county departments.
B. The community development director (and their designees) shall provide notice to the owner of the
property upon which the violation was located, or any discernible appropriate owner of materials
placed within the right-of-way in violation of this Code, by either placing a notice in a conspicuous
place on the property or by letter.
1. The notice shall be sent to the property owner via certified mail within twenty-four (24) hours of
the seizure.
2. The notice shall include the following:
a. A description of the materials seized;
b. A citation of the sections of the unified development code which were violated and the
characteristics of the violation which posed an immediate threat to public welfare;
c. The address and phone number of the department of community development and the
name of the person to be contacted by the property owner to discuss the violation and
request the return of the seized item; and
d. Instructions describing how, where, and when the seized items may be claimed.
D. The community development director (and their designees) shall store any sign, structure, landscape
materials or other items seized in a secure location for a period of no less than thirty (30) days from the
date notice was provided to the property owner. The property owner may claim the seized property at
any time following its seizure upon the payment of a twenty-five dollar ($25.00) fine and the
establishment of a memorandum of agreement between the property owner and community
development director (and their designees) regarding the future use of the item in a manner consistent
with this unified development code.
E. Neither community development director (and their designees), the building inspector, or any other
official or entity involved in the seizure shall be liable for any damage to the seized item or the
property from which it was taken.

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11.8 Fines and penalties.
The community development director (and their designees) by mandatory injunction in the city municipal
court against the owner or possessor of the real estate, may require the removal of a structure erected in violation
of this Code, or the removal of any use or condition in violation of this Code.
A. Monetary fines may be imposed for each civil violation determined upon a single inspection. Fines shall
be assessed for each day that the violation is present following the provision of any notice of violation
to the property owner or other responsible party.
B. No fine for any single violation shall exceed one thousand dollars ($1,000.00) per day.

11.9 Appeals or trials.
A. Any person receiving a notice of violation and/or fines and penalties may appeal the violation and/or fine to
the city municipal court. A written statement from the person in violation, giving notice of the filing of an
action with a court, shall be submitted to the community development director (and their designees) via
certified mail at least three (3) days prior to the date any fine is due.
B. Fines due will be postponed until the court of jurisdiction have made a ruling as to the violation and/or fine.
Failure to meet these deadlines will reinstate all fines due by the person(s) in violation.
C. No additional notices will be issued by the community development director (and their designees) if the
person(s) in violation has (have) submitted an appeal or notice of court review.

11.10 Enforcement, remedies, or injunctive relief.
The community development director (and their designees) may bring an action in the city municipal court to
evoke any legal, equitable, or special remedy, for the enforcement of any code or regulation, and its subsequent
amendments.

Chapter 12 MASTER LIST OF ACRONYMS AND DEFINITIONS

12.1 Acronyms.
Acronyms:
BMP—Best management practices (BMP plan)
BTL—Build-to line
CLOMA—Conditional letter map of amendment
CLOMR—Conditional letter of map revision
CSD—Conservation subdivision development
DBH—Diameter at breast height
DCA—Department of community affairs
DHR—Department of human resources
DNR—Department of natural resources
FAA—Federal Aviation Administration

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FCC—Federal Communications Commission
FEMA—Federal Emergency Management Agency
FHBM—Flood hazard boundary map
FIRM—Flood insurance rate map
FIS—Flood insurance study
GSMM—Georgia Stormwater Management Manual
HCWSA—Henry County Water and Sewer Authority
HPB—Historic preservation board
HVAC—Heating, ventilation, and air conditioning
ICWPA—Indian Creek Watershed Protection Area
LBCS—Land based classification standards
LBWPA—Long Branch Creek Watershed Protection Area
MCC—Mayor and city council
MNGWPD—Metropolitan North Georgia Water Planning District
NGVD—National Geodetic Vertical Datum
NWI—National Wetland Inventory
O.C.G.A.—Official Code of Georgia Annotated
PC—Planning commission
PD—Planned development
RFN—Residential fly-in neighborhood
RNC—Rural neighborhood commercial
ROW—Right-of-way
RPZ—Runway protection zone
RV—Recreational vehicle
WCF—Wireless communication facility
WPA—Watershed protection area

12.2 Definitions.
Definitions:
For the purposes of this unified development code in addition to their common meanings certain words and
terms used herein, unless the context otherwise requires, shall be defined and interpreted as follows. The use of
the singular includes the plural and the plural the singular; the present tense includes the future; the use of "shall"
means the action is mandatory, the use of "may" or "should" means the action is optional. Any masculine pronoun
shall be deemed to refer to a person, whether male or female.
To the extent the definition of a term defined herein conflicts with the definition of such term as defined in
Merriam-Webster's Dictionary, the definition in the existing Stockbridge Municipal Code shall govern. All terms not

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defined herein shall be defined within the Merriam-Webster's Dictionary. Terms not found in the Stockbridge
Municipal Code shall be defined as in the Official Code of Georgia Annotated.
"Abandoned cemetery" means a cemetery which shows signs of neglect including, without limitation, the
unchecked growth of vegetation, repeated and unchecked acts of vandalism, or the disintegration of grave
markers or boundaries and for which no person can be found who is legally responsible and financially capable of
the upkeep of such cemetery.
"Abandonment" means the relinquishment of property or a cessation of the use of the property for a
continuous period of one (1) year by the owner with neither transferring rights to the property to another owner
nor of resuming the use of the property.
"Accessory apartment (garage apartment)." See "accessory dwelling."
"Accessory dwelling" means a dwelling unit, which is used for residential occupancy, created within an
existing single-family home or on the same lot. It is an independent unit, but it may share an entrance, yard and
parking with the principal unit.
"Accessory equipment" means any equipment serving or being used in conjunction with a
telecommunications facility or support structure. This equipment includes, but is not limited to, utility or
transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage
sheds, shelters, or other structures.
"Accessory structure" means a structure which is subordinate to a primary structure in area, intent, and/or
purpose; contributes to the comfort, convenience, or necessity of occupants of the primary building, structure, or
principal use, and does not alter or change the character of the premises; is located on the same lot as the primary
building, structure, or use.
"Addition to an existing building" means any walled and roofed expansion to the perimeter of a building in
which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed
addition which is connected by a fire wall or is separated by an independent perimeter load-bearing wall shall be
considered new construction.
"Administrative variance" means a grant of relief by the administrator from specified standards of the unified
development code and where such a waiver will not be contrary to the public interest and where, owing to
conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the
chapter would result in unnecessary and undue hardship.
"Administrator" means the individual or group responsible for the implementation and enforcement of the
ordinance. The planning and community development director, or his/her designee, shall be the administrator for
the zoning ordinance.
"Adult day care" means a facility that provides support for elderly individuals (and their families, if present),
who do not function fully independently, but who do not need twenty-four-hour nursing care.
"Adult entertainment establishment" means any establishment featuring live performances, films, still
pictures, electronic reproductions, or video with graphic or other visual images distinguished or characterized by
an emphasis on sexual conduct or sexual explicit nudity. Adult entertainment establishments include, but are not
limited to, adult bookstores, adult dance establishments, adult motion picture arcades, adult movie theaters, and
adult video stores.
"Agriculture" means cultivating the soil, producing crops and raising of livestock (farming, and associated
activities) upon one (1) or more tracts of land containing not less than three (3) acres. Selling of products raised on
the premises shall be considered a permissible activity; provided, that space for the off-county right-of-way
parking is available to customers.

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"Aircraft" means any vehicle used or designed for flight in the air.
"Airport" means any area of land or water designed and set aside for the landing and taking off of aircraft.
The term may include facilities for refueling, repair, handling, and storage of aircraft or facilities for passengers and
freight.
"Alleys" or "alleyways" means a private alley located in the rear of residential uses that provides residents
with vehicular access to their residences. Alleys shall be maintained by the adjoining property owners,
homeowners' associations or condominium/apartment associations. Alleys shall be constructed to meet the
following requirements: Private alleyways shall be a minimum of eighteen (18) feet in width and sixteen (16) feet
thereof shall be paved with concrete or asphalt. Concrete alleys shall be reinforced and have a minimum depth of
six (6) inches with appropriate base. Asphalt alleys shall consist of a minimum of two (2) inches of type "E" or "F"
asphalt topping, binder, and six (6) inches of graded aggregate base. Private alleys, at a minimum, shall be
constructed to provide adequate turning radii onto public streets, driveways, residential parking garages and
carports for full-size, noncommercial, two-axle vehicles. Curbs and gutters are not required. Private alleyways shall
not have dead ends but, in limited circumstances and upon specific approval by the city, may have cul-de-sacs
where the alley serves a small number of residences or the topography of the land makes an exit impracticable.
"Alteration" means a change in size, shape, character, occupancy or use of a building or structure.
"Alteration, structural" means any change in the supporting elements of a building such as bearing walls,
columns, beams, or girders.
"Amendment" means any repeal, modification, or addition to a regulation; or any new regulation.
"Amenities" means the area(s) set aside for active and passive recreation for the residents inside the
development according to the standards set forth herein. Recreation areas may include passive areas, such as
trails, picnic areas or parks with landscaping providing no facilities for active sports; and active areas, with ball
fields, soccer facilities, swimming areas, and other facilities for sports activities.
"Amenity area" means the area(s) set aside for active and passive recreation for the residents inside the PTD
(or for the public) according to the standards set forth herein. Recreation areas may include passive areas, such as
trails, picnic areas, or parks with landscaping providing no facilities for active sports; and active areas, with ball
fields, soccer facilities, swimming areas and other active recreational facilities.
"Amusement park (outdoor or indoor)" means land designed to be used by the public for a fee that contains
amusement facilities, such as merry-go-rounds, race car and bike tracks, outdoor motion picture theaters, paint
ball courses, driving ranges, miniature golf courses, skateboard rinks, and similar uses for entertainment.
"Apartment" means one (1) or more rooms in an apartment buildinga type of multifamily dwelling, with
private bath and kitchen facilities or combination living space and commercial building, arranged, intended,
designed, or occupied on a rental basis as a dwelling unit for a single family, an individual, or a group of individuals.
"Apartment building" means a type of multi-family dwellinghousing arranged, intended, designed, or
occupied on a rental basisstructure designed and constructed to accommodate three (3) or more dwelling units
with independent cooking and bathroom facilities.
"Appeal" means a request for a formal review of an appointed administrative official's decision regarding
provisions of this unified development code.
"Applicant," for the purposes of Chapter 8, means a person submitting a post-development stormwater
management application and plan for approval.
"Approach surface" means the area longitudinally centered on the extended runway centerline, extending
outward and upward from the end of the primary surface and at the same slope as the approach zone height
limitation slope.

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"Arcade" means a roofed passageway, lane, or area supported by columns, piers, or pillars, either
freestanding or attached to a wall to form a gallery contiguous to a street or plaza that is open provides public
access to building entrances, retail space and/or public space and is accessible to the public. An arcade may be
especially one (1) with shops on one (1) or both sides or a commercial establishment featuring rows of coin-
operated games.
"Arch" means a structure forming the curved, pointed, or flat upper edge of an open space and supporting
the weight above it, as in a bridge or doorway.
"As-built plan" means a plan and supporting documentation which describes a particular site after
construction has been completed. This plan should indicate all structures, hard surface features, utilities,
landscaping areas, tree preservation zones, and tree replacement areas.
"Assisted living facility" means a State-licensed use in which domiciliary care is provided to adults who are
provided with food, shelter and personal services within independent living units which could include kitchen
facilities in which residents have the option of preparing and serving some or all of their own meals. This use shall
not include hospitals, convalescent centers, nursing homes, hospices, clinics, or similar institutions devoted
primarily to the diagnosis and treatment of the sick or injured.
"Athletic field" means open land used for outdoor games such as baseball, football, soccer and other field
sports.
"Authority" means the Henry County Water and Sewerage Authority or the Clayton County Water Authority.
"Automobile sales" means the use of any building, land area, or other premise for the display and sale of new
or used automobiles, generally, but may include light trucks or vans, trailers, or recreational vehicles and including
any vehicle preparation or repair work conducted as an accessory use. An automobile service station is neither a
repair nor a body shop.
"Automobile service station" means a building or premises where products necessary for automobile service
or maintenance are sold; provided, there is no storage or dismantling of automobiles and only minor services are
rendered.
"Automobile wash" means any building or premises or portions thereof used for washing automobiles. The
facility for washing automobiles may be self-service, semi-automatic, or automatic application of cleaner, brushes,
rinse water, and heat for drying.
"Automotive service, major" means repair services to motor vehicles which require substantial replacement
and/or repair of major components. Examples of major automotive repair services include, but are not limited to,
transmission repairs/replacement, engine overhaul and radiator repair. Any repair services to construction
equipment, agricultural equipment, commercial highway tractors, or dump trucks shall be considered major
automotive services.
"Automotive services, minor" means repair and maintenance services which require only very brief
adjustment and replacement of minor components. Examples of minor automotive services include, but are not
limited to, tune-up, oil change, lubrication, brake repair, air conditioning system servicing, muffler replacement
and alignment.
"Basement" means that portion of a building that is partly or completely below grade where the finished
floor level of the floor above the level under construction is:
(1) Six (6) feet or less above the grade plan.
(2) Six (6) feet or less above the finished ground level for more than fifty percent (50%) of the total
building perimeter.

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(3) Twelve (12) feet or less above the finished ground at any point.
"Bed and breakfast facility" means a private residence that offers sleeping accommodations to lodgers in six
(6) or fewer rooms for rent, in the owner or operator's principal residence while renting rooms to lodgers, and
serves breakfasts at no extra cost to its lodgers. For the purpose of this definition, a lodger means a person who
rents a room in a bed-and-breakfast establishment for fewer than thirty (30) consecutive days.
"Bedroom" means a room that has a closet.
"Best management practices" means a collection of structural practices and measures written by a State
agency or other known authority which, when properly designed, installed and maintained, will prove effective in
the areas of erosion and sedimentation control, silviculture, stormwater, etc. The term "properly designed" means
designed in accordance with the hydraulic design specifications contained in the "Manual for Erosion and
Sediment Control in Georgia" specified in O.C.G.A. § 12-7-6(b).
"Best management practices plan (BMP plan)" means a plan consisting of a wide range of management
procedures, activities, and prohibitions or practices which control the quality and/or quantity of stormwater runoff
and which are compatible with the planned land use.
"Block" means an area of land within a subdivision that is entirely surrounded by streets, public lands, rights-
of-way, watercourses, or other well-defined and fixed boundaries. (Blocks are illustrated in figure A.1.)
"Boarding and/or rooming house" means a building dedicated to and used for the lodging and/or feeding, for
compensation, of up to six (6) nontransient persons, unrelated by blood or marriage to the owner or operator of
the house, and where renting individuals are also served with meals prepared in one (1) kitchen by the owner or
operator of the house, as defined herein. Foster children placed in a family home, a community residential home
with six (6) or fewer residents, a nursing home, or a personal care home shall not be established as a boarding
and/or rooming house.
"Body shop" means a building or location where motor vehicle repair and/or replacement are performed,
including, but not limited to, painting and metal fabrication of motor vehicles bodies or structures. A body shop is a
major automotive service.
"Breezeway" means a roofed, often open, passageway connecting two (2) buildings or halves of buildings. In
residential zoning districts the maximum length of a breezeway that is used to incorporate a new structure as part
of the principal building is not to exceed twenty (20) feet and the minimum width is to be four (4) feet. The
breezeway is to connect each building at an exterior door.
"Buffer" means a natural and/or enhanced vegetated landscaped area of a lot located and/or established. A
buffer is maintained and created with the intention to visibly separate different and possible incompatible types of
uses, measured from the common property line of the different uses, to shield or block noise, light, glare, or other
nuisances, or the area of land immediately adjacent to the banks of State waters in its natural state of vegetation,
which facilitates the protection of water quality and aquatic habitat within a water supply watershed adjacent to
reservoirs or perennial streams.
(1) "Natural/undisturbed buffer" means land area in which there is no disturbance including, but not
limited to, removal of understory trees or vegetation, except for maintenance or removal of hazardous
and/or invasive trees and plants, or for approved perpendicular access and utility crossings. Existing
vegetation may qualify to be a natural buffer, if sufficient vegetation exists within the required buffer
width, the vegetation can be fully protected during construction, and the existing vegetation can be
proven to be substantially similar to the required plantings of a new buffer and/or is sufficiently visibly
dense to be accepted by the city as equivalent to a planted buffer once mature.
(2) "Enhanced natural buffer" means land area where an existing natural buffer is found to be inadequate
and therefore requires additional vegetative screening. No disturbance is allowed except for

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maintenance or removal of and/or invasive trees and plants, or for approved perpendicular access,
utility crossings and the addition of vegetative screening.
(3) "Maintained landscape buffer" means land area in which grading is allowed and re-vegetation to a
buffer is required specific to a zoning case. Buffer must be replanted but also maintained per approved
landscape plan and not allowed to revert to a natural/undisturbed buffer.
(4) "Stream buffer (State)" means "The area of land immediately adjacent to the banks of State waters in
its natural state of vegetation, which facilitates the protection of water quality and aquatic habitat."
The definition of stream buffer is governed by Georgia law, O.C.G.A. § 12-7-1.
(5) "Stream buffer (local)," with respect to a stream, means a natural or enhanced vegetated area lying
adjacent to the stream.
(6) "Zoning buffer" means a buffer required by the zoning ordinance or as a condition of zoning, special
use or variance approval for a specific property.
"Buffer strip" means land area located within the boundary of a lot required to be set aside and used for
landscaping and upon which only limited encroachments are authorized.
"Build-to line" means the line at which construction of a building facade is to occur on a lot. A build-to line
runs parallel to the front property line and is established to create an even (or more or less even) building facade
line on a street.
"Buildable area" means the portion of a lot which is not located within any minimum required yard,
landscape strip/area or buffer; that portion of a lot wherein a building or structure may be located.
"Building" means any structure attached to the ground with a roof, designed and built for support, shelter,
storage, or enclosure for occupancy by persons or animals.
(1) "Accessory building" means a building subordinate to the principal building or use on a lot and used for
purposes incidental to the principal building or use and located on the same lot therewith. An
accessory structure shall not be erected on a lot prior to the time of construction of the principal
structure to which it is accessory.
(2) "Building addition" means any walled and roofed expansion to the perimeter of a building which is
connected by a common load-bearing wall other than a firewall.
(3) "Building frontage" means the linear feet of the exterior wall of a building that faces any road or street
that provides a means of direct ingress and egress to the lot.
(4) "Building permit" means the permit required for new construction, completion of construction, or an
interior finish pursuant to the applicable building code. As used herein, the term shall not include
permits required for remodeling, rehabilitation, or other improvements to an existing structure
provided there is no increase in the demand placed on those public facilities as defined herein.
(5) "Elevated building" means a non-basement building constructed with the lowest floor of the lowest
enclosed area elevated above the ground level by means of fill, solid foundation perimeter walls,
pilings, columns, piers, or shear walls adequately anchored so as not to impair the structural integrity
of the building during a base flood event.
(6) "Height of building." See "building height."
(7) "Principal building" means the building or structure in which the primary use permissible on the lot is
conducted. In RR (less than two (2) acres or a platted subdivision), SR, CCR, MFR, and MHR residential
zoned districts a dwelling shall be deemed to be the principal building on the lot. A structurally
independent garage, carport or other structure may be attached to the principal buildings by a roofed
breezeway which shall cause the entire structure to be construed as part of the principal building and

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shall be subject to the sections applicable to the principal building or structure. A detached and
structurally independent carport, garage or other structure shall conform to the requirements of any
accessory building.
"Building envelope" means the area formed by the front, side, and rear building restriction or setback lines of
a lot within which the principal buildings must be located.
"Building height" means the vertical distance measured from average elevation of the proposed finished
grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height
of the highest gable of a pitch or hip roof on a building. When referring to a tower, sign or other structure, the
distance measured from ground level to the highest point on the tower, sign or other structure, even if said
highest point is an antenna. When a building faces on more than one (1) street, the height shall be measured from
the average of the grades at the center of each street front.
"Built environment" means the elements of the environment that are generally built or made by people as
contrasted with natural processes.
"Burial ground" means an area dedicated to and used for interment of human remains. The term shall
include privately owned burial plots, individually and collectively, once human remains have been buried therein.
The fact that the area was used for burial purposes shall be evidence that it was set aside for burial purposes.
"Caliper" means the diameter or thickness of the trunk of a nursery-grown tree as measured at four (4)
inches above the top of the root mass.
"Canopy roofed structure" means a roofed structure that covers an area, or especially one that shelters a
passageway between two (2) buildings.
"Canopy tree (large tree or shade tree)" means any tree, evergreen or deciduous, whose mature height can
be expected to exceed thirty-five (35) feet and whose crown spread can be expected to exceed thirty (30) feet.
Shade trees for landscaping industrial, commercial, office-institutional, multifamily residential and mobile home
zoning developments, existing or planted, shall be at least eight (8) feet in height and two (2) inches in diameter,
measured at six (6) inches above grade for new trees and measured at four and one-half (4½) feet above grade for
existing trees. Examples include Red Maple, Sycamore, English Oak, Willow Oak, Loblolly Pine, or trees of similar
stature.
"Capital improvement" means an improvement with a useful life of ten (10) years or more, by new
construction or other action, which increases the service capacity of a public facility.
"Capital improvements element" means that portion of the City of Stockbridge comprehensive plan that sets
out projected needs for system improvements during the planning horizon established therein, which provides a
schedule that will meet the anticipated need for system improvements, and which provides a description of
anticipated funding sources for each required improvement, as most recently adopted or amended by the mayor
and city council.
"Care home" means a care facility where personal care services are provided to more than six (6) nonfamily
adults. See "personal care home" definition for permitted services and other requirements.
"Carport" means any parking space(s) having a covered roof but not enclosed by walls and is an accessory
structure to a dwelling unit. Carports shall not include any parking structures.
"Cemetery" or "cemeteries" means any land or structure in the City of Stockbridge dedicated to and used, or
intended to be used for interment of the dead. It may be either a burial park for earth interments, a mausoleum
for vault or crypt interments, a columbarium or a combination of one (1) or more thereof, and including chapels or
churches when operated in conjunction with and within the boundaries of such cemetery.

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"Certificate of occupancy" means a document issued by the director indicating the use of a particular
building or land which conforms to the requirements of this unified development code.
"Church or other place of worship" means a building used for public worship including temples, synagogues
and related Sunday school or church facilities.
"Cigar bar/lounge" means an establishment that caters to patrons who smoke cigars. May serve food and
alcohol in accordance with the alcohol ordinance.
"City" means the City of Stockbridge, Georgia.
"City street" means a street which is owned and/or maintained by the City of Stockbridge.
"Clean Water Act" means the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any
subsequent amendments thereto.
"Clearing/clear cutting" means the broad removal of all trees and/or vegetation from an area.
"Clinic" means an establishment where patients, who are not lodged overnight, are admitted for
examination and treatment by one (1) physician or dentist or a group of physicians or dentists practicing medicine.
"Club" means a building or facilities owned or operated by and for special educational or recreational
purposes, but not primarily for a profit or to render a service that is customarily carried on for a gain.
"Commencement of construction, for private development" means initiation of physical construction
activities as authorized by a development permit and leading to completion of a foundation inspection or other
initial inspection and approval by a public official charged with such duties; and for public projects, means
expenditure or encumbrance of any funds, whether they be development impact fee funds or not, for a public
facilities project, or advertising of bids to undertake a public facilities project.
"Commercial vehicle" means a vehicle whose gross vehicle weight rating (GVWR) is over twenty-six thousand
(26,000) pounds, or a trailer with a gross vehicle weight rating of over ten thousand (10,000) pounds, including
commercial tractor-trailers, dump trucks, wreckers, and earth-moving equipment. Agricultural vehicles and
equipment and school buses shall be excluded from this definition.
"Common area" means land within a development, not individually owned or dedicated for public use, which
is designed and intended for the common use or enjoyment of the residents of the development. Common area
may include complementary structures and improvements.
"Compatibility" means the characteristics of different uses, activities or design which allow them to be
located near or adjacent to each other in harmony. Some elements affecting compatibility include the following:
Height, scale, mass and bulk of structures, pedestrian or vehicular traffic, circulation, access and parking impacts,
landscaping, lighting, noise, odor and architecture.
"Completion of construction" means the issuance of the final certificate of occupancy by the appropriate
governmental jurisdiction. The date of completion is the date on which such certificate is issued.
"Comprehensive plan" means the City of Stockbridge plan or planning elements as adopted or amended in
accord with the State of Georgia Minimum Standards and Procedures for Local Comprehensive Planning.
"Comprehensive Planning Act" means O.C.G.A. § 50-8-1 et seq. and the Minimum Standards and Procedures
for Local Comprehensive Planning as adopted by the Georgia Board of Community Affairs.
"Condemnation" means the taking of private property by a government unit for public use, when the owner
will not relinquish it through sale or other means; the owner is compensated by payment of market value. The
power to take the property is based on the concept of eminent domain.
"Condition of approval" means stipulations or provisions that are provided above and beyond the minimum
requirements that are set forth as a prerequisite for the approval of an application.

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"Conditional useSpecial use" means a use within a certain zoning districts of this chapter which is not
permitted as a matter of right, but may be permitted within these districts by mayor and city council. A conditional
usespecial use is permanent in nature.
"Condominium" means the ownership in fee simple title of a single unit in a multifamily family dwelling-unit
structure and an undivided ownership interest, in common with other owners of the common elements of the
structure, including the common areas of land and its appurtenances.
"Confined animal feeding operation" means a building or fenced enclosure designed and used for holding or
fattening of animals in preparation for market. It does not include the pasturing of animals at densities
recommended by the best management practices of the Georgia Department of Agriculture as follows: Horses—
one (1) per forty-three thousand five hundred sixty (43,560) square feet (one (1) acre); cows—one (1) per forty-
three thousand five hundred sixty (43,560) square feet; sheep or goats—one (1) per twenty thousand (20,000)
square feet; fowl—twenty (20) per forty-three thousand five hundred sixty (43,560) square feet.
"Conical surface" means the surface that extends outward and upward from the periphery of the horizontal
surface at a slope of twenty to one (20:1) for a horizontal distance of four thousand (4,000) feet.
"Conservation easement" means an agreement between a land owner and the City of Stockbridge or other
government agency or land trust that permanently protects open space or greenspace on the owners land by
limiting the amount and type of development that can take place, but continues to leave the remainder of the fee
interest in private ownership.
"Construction" means any site, preparation, assembly, erection, substantial repair, alteration or similar
action but excluding demolition, for or of public or private right-of-way, structures, utilities or similar property.
"Construction activity" means activities subject to the Georgia Erosion and Sedimentation Control Act or
NPDES General Construction Permits. These include construction projects resulting in land disturbance. Such
activities include, but are not limited to, clearing and grubbing, grading, excavating, and demolition.
"Construction buffer" means a type of buffer which is temporary and remains in effect during the
construction of a project.
"Construction standard drawing" means the construction standards manual utilized by the City of
Stockbridge and related drawings for public improvements.
"Cooking facilities" means any device used in the preparation of food, including range, ovens, cook-top
surface units, refrigerators, electric warming irons or hot plates, microwave ovens, coffee makers, toaster ovens,
and other similar small electric appliances, freezers separate from or not included within a refrigeration unit are
not included in this definition.
"Cornice" means the uppermost horizontal molded projection or other uppermost horizontal element
located at the top of a building or portion of a building.
"Corridor" means a street, roadway, river or other linear element connecting major sources of trips that may
contain a number of streets, highways, and transit route alignments. A corridor is also defined as all land within the
buffer areas established adjacent to reservoirs or perennial streams within a water supply watershed.
"County." The use of the word "county" shall mean Henry County.
"County street" means a street which is owned and/or maintained by Henry County.
"Covenant, protective" means a contract entered into between private parties which constitute a restriction
on the use of a particular parcel of property.
"Covenant, restrictive" means private contracts entered into between the developer and purchaser(s) which
constitute a restriction on the use of all private property within a development for the benefit of property owners,

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and provide a mutual protection against undesirable aspects of development which would tend to impair stability
of values.
"Cross access easement" means a limited right to make use of a property owned by another to gain access to
another property; a right-of-way across the property.
"Day care facility/center for children, day care center for youth, nursery schools and kindergarten schools;
and a day care center for adults" means a firm, partnership, corporation, individual, or other business entity
providing care for more than six (6) children or adults, not related by blood or marriage, or not the legal wards or
foster children of the attendant adult or adults when conducted in a principal structure or within a church or
school. Child care centers must provide at least two hundred (200) square feet of outdoor play area and thirty-five
(35) square feet of indoor play space is provided for each child. The outdoor play area shall be enclosed by a
security chain link fence, at least four (4) feet in height. A State license and a county business license are required.
"Density, gross" means the total number of dwelling units divided by the total project area, expressed as
gross dwelling units per acre.
"Density, net" means the number of dwelling units per acre of land when the average involved includes only
the land devoted to residential uses and excludes such areas as street rights-of-way, parks, common open space,
flood hazard areas, steep slopes (greater than twenty-five percent (25%)) and public land. For mixed use and
interchange activity center zoning districts net density can include open space in the calculation as long as open
space is used for passive recreation.
"Department" means the City of Stockbridge Community Development Department, as established by the
City of Stockbridge City Council, and as operated through the actions and administration of the city manager or
his/her designee.
"Department of Community Affairs (DCA)" means the Georgia Department of Community Affairs (DCA) was
created in 1977 to serve as an advocate for local governments. DCA operates a host of State and Federal grant
programs; serves as the State's lead agency in housing finance and development; promulgates building codes to be
adopted by local governments; provides comprehensive planning, technical and research assistance to local
governments; and serves as the lead agency for the State's solid waste reduction efforts.
"Development" means any action which creates demand on or need for public facilities, as defined herein,
and includes any construction or expansion of a building, structure, or use; any change in use of land, a building, or
structure; or the connection of any building or structure to a public utility.
"Development" or "single development" means any project or group of related projects constructed or
planned for construction on a single parcel or on contiguous parcels under single ownership. Any manmade change
to improved or unimproved real estate including, but not limited to, buildings or other structures, clearing, digging,
filling, dredging, excavating, grading, grubbing, mining, paving, removal of vegetation, stripping, drilling operations,
storage of equipment or materials, transportation and filling of land, and any other installation of impervious
cover; land development or land development project.
(1) "New development" means a land development activity on a previously undeveloped site.
(2) "Post-development" means the time period, or the conditions that may reasonably be expected or
anticipated to exist, after completion of the land development activity on a site as the context may
require.
(3) "Pre-development" means the time period, or the conditions that exist on a site, prior to the
commencement of land alteration, clearing, construction, or other activity that constitutes
development. Where phased development or plan approval occurs (preliminary grading, roads and
utilities, etc.) the existing conditions at the time prior to the first item being approved or permitted
shall establish pre-development conditions.

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"Development activity" means any alteration of the natural environment which requires the approval of a
development or site plan and issuance of a development permit.
"Development approval" means written authorization, such as issuance of a building permit, approval for
grading or site development, or other forms of official action required by local law or regulation prior to
commencement of construction.
"Development impact fee" means the payment of money imposed upon and paid by new development as a
condition of development approval as its proportionate share of the cost of system improvements needed to serve
it.
"Development of regional impact (DRI)" means a development project, regardless of the mix of land uses,
which is likely to have impacts to the transportation network and environment beyond the limits of the jurisdiction
in which it is being constructed.
"Development permit" means a permit that is issued by the city that authorizes development activity, and
includes, but is not limited to, a land disturbance permit or building permit.
"Development regulations" means the adopted regulations providing for the subdivision and development of
real property within the city, as amended from time to time by the city council.
"Development rights" means a governmentally recognized entitlement to use or develop land at a certain
density, or intensity, or for a particular purpose, which may be severed from the realty and placed on some other
property.
(1) "Receiving area" means the region or district where development rights may be affixed to property.
(2) "Receiving property" means the lot or parcel where development rights are affixed, thereby increasing
the permissible density or intensity of use on the property.
(3) "Sending area" means the region or district where development rights may be removed for purposes of
transfer to another location.
(4) "Sending property" means the lot or parcel where development rights are removed, thereby
eliminating permissible uses on the property.
(5) "Transfer of development rights" means the process by which development rights from a sending
property are affixed to one (1) or more receiving properties.
"Director" means the director of the department or his/her designee or the person, officer, official, or his
authorized representative designated by the mayor and city council, City of Stockbridge, as its agent for the
administration of the provisions of the unified development code.
"Drainage easement" means an easement appurtenant or attached to a tract or parcel of land allowing the
owner of adjacent tracts or other persons to discharge stormwater runoff onto the tract or parcel of land subject
to the drainage easement.
"Drainage structure" means a device composed of a virtually nonerodible material such as concrete, steel,
plastic, or other such material that conveys water from one (1) place to another by intercepting the flow and
carrying it to a release point for stormwater management, drainage control, or flood control purposes.
(1) "Roadway drainage structure" means a device such as a bridge, culvert, or ditch, composed of a
virtually nonerodible material such as concrete, steel, plastic, or other such material that conveys
water under a roadway by intercepting the flow on one (1) side of a traveled way consisting of one (1)
or more defined lanes, with or without shoulder areas, and carrying water to a release point on the
other side.
"Drive-in" means a retail or service enterprise wherein service is provided to the customer on the outside of
the principal building.

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"Drive-in restaurant" means any place or premises used for sale, dispensing or servicing of food, refreshment
or beverages in automobiles or other vehicles, including those establishments where customers may consume
same on the premises.
"Dwelling" means a building or portion thereof which is designed or used exclusively for residential purposes,
including single-family, two-family, multiple-family dwellings, rooming and boarding houses, fraternities, sororities
and modular dwellings, but not including hotels or motels.
(1) "Accessory dwelling" means a dwelling unit established within the principal building or in a separate
structure, and on the same lot as the principal structure. It is an independent dwelling unit, but it may
share an entrance, yard and parking with the principal unit.
(2) "Duplex" or "two-family" means a building containing two (2) dwelling units, designed for occupancy by
not more than two (2) families living independent of each other.
(3) "Multifamily" means a building or set of buildings containing a group of dwelling units on a common lot
containing separate living units for three (3) or more families, having separate or joint entrances, and
including apartments and condominiums. These are specifically distinguished from units defined as
townhouses. means three (3) or more dwelling units in one (1) building with the number of families in
residence not exceeding the number of dwelling units provided.
(4) "Single-family" means one (1) dwelling unit in one (1) building, other than a mobile home, hotel or
motel, designed for and occupied by one (1) family, containing rooms for living, sleeping, toilet facilities
and one (1) kitchen.
(5) "Townhouse" means one (1) of a series of three (3) or more attached dwelling units on separate lots
which are separated from each other by a coincidental property line and party wall partitions. The
structure must meet all front, rear, and side yard setback requirements in the zoning district in which it
is located, except for the coincidental property line and wall. Each dwelling unit must be separately
metered for all utilities, have access to a public street and the coincidental property line and wall must
be fire-rated and extend from the foundation or ground (whichever is lower) to the roof decking of the
structure. Each dwelling unit shall contain rooms for living, sleeping, toilet facilities and one (1) kitchen.
"Dwelling unit" means one (1) room, or rooms connected together, constituting a separate, independent
housekeeping establishment for owner occupancy, for rental or lease on a weekly, monthly, or longer basis and
physically separated from any other rooms or dwelling units which may be in the same structure, and containing
independent living, sleeping, toilet and a single kitchen with cooking facilities.
"Easement" means a grant of one (1) or more property rights by a property owner to the general public, a
public utility, a governmental unit, or a private individual or corporation for the use of a portion of the owner's
land for a specific purpose, or use as a means of access to other property. Easements shall be designated "public"
or "private" depending upon the nature of the usage.
(1) "Conservation easement" means an agreement between a land owner and a governmental agency or
land trust that permanently protects the land by limiting the amount and type of development that is
permissible, while leaving the remainder of the fee interest in private ownership.
(2) "Drainage easement" means an agreement allowing the owner of adjacent tracts or other persons to
discharge stormwater runoff onto the tract or parcel of land subject to the drainage easement.
"Eave" means the projecting lower edges of a roof overhanging the wall of a building.
"Erect" means to build, paint, construct, attach, hang, place, suspend, assemble or affix.
"Erosion" means the process by which land surface is worn away by the action of wind, water, ice or gravity.

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"Erosion and sedimentation control plan" means a plan that is designed to minimize and control the
accelerated soil erosion and sedimentation runoff resulting from a land disturbing activity. Also known as the
"plan."
"Evergreen tree" means any tree that retains green leaves throughout the year. This includes magnolias and
tree-type hollies, as well as pines and cedars.
"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed
(including at a minimum the installation of utilities, the construction of streets, and final site grading or the pouring
of concrete pads) is completed before June 3, 1986.
"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites
by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including
the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.
"Facade" means:
(1) "Primary (front) facade" means the exterior wall surface(s) across the building front, extending from
grade to top of the parapet, wall, gable, or eaves and from side corner to side corner that are visible
from any location on the street or main parking area and includes the primary entrance into the
building. If the building faces more than one (1) parking area or street, the largest exterior wall of the
building with a primary entrance which is most nearly parallel to the widest street or largest parking
area to which the building faces.
(2) "Secondary facade" means any exterior wall of a building, other than the primary facade.
"Family" means one (1) or more persons occupying a premises and living as a single housekeeping unit, as
distinguished from a group occupying a boarding house, lodging house, hotel, fraternity or sorority house.
"Farm" means a all places of three (3) or more acres devoted to the raising of agricultural products
regardless of the quantity or value of production.
"Feepayor" means that person or entity who pays a development impact fee, or his or her legal successor in
interest when the right or entitlement to any refund of previously paid development impact fees required has
been expressly transferred or assigned to the successor in interest.
"Feedlot" means land devoted to confinement feeding of livestock. A lot or building or combination lots and
buildings intended for the confined feeding, breeding, raising or holding of livestock while being fattened for
slaughter and where animal waste may accumulate, but not including barns, pens or similar structures not
intended for the fattening of animals for slaughter.
"Fill" means a portion of land surface to which soil or other solid material has been added; the depth above
the original ground.
"Final plat" means the final map, drawing or chart upon which the sub-divider's as-built plan of subdivision is
presented, and which, if approved, will be submitted for recording among the land records for Clayton County.
"Finished grade." See "grade."
"Firing range" means a public or privately owned facility designed and operated for the purpose of discharge
of rifles, shotguns and handguns at targets within a controlled setting.
"Flag lot." See "lot" definition.
"Flood" (or "flooding") means a general and temporary condition of partial or complete inundation of
normally dry land areas from:

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(1) The overflow of inland or tidal waters; or
(2) The unusual and rapid accumulation or runoff of surface waters from any source that is too great to be
confined within the banks or walls of a conveyance or stream channel and that overflows onto adjacent
lands.
"Flood hazard area" means the area possibly threatened by periodic flooding as determined by various data,
e.g., maps provided by the United States Department of Housing and Urban Development, United States Soil
Conservation Service, Army Corps of Engineers, or hydrological studies utilizing generally accepted engineering
practices. Flood hazard areas shall include all lands underneath a permanent body of water, e.g., a lake, pond,
river, and stream, and all land within the limits of a flood hazard area having a one-hundred-year return frequency.
"Flood hazard boundary map" or "FHBM" means an official map of a community, issued by the Federal
Insurance Administration, where the boundaries of areas of special flood hazard have been defined as zone A.
"Flood insurance rate map" or "FIRM" means the official map of the City of Stockbridge, on which the Federal
Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones
applicable to the community. Such FIRM as relates to property located within the City of Stockbridge is
incorporated by this reference as if fully set forth herein.
"Flood insurance study" or "FIS" means the official report, prepared and issued by the Federal Insurance
Administration of the Federal Emergency Management Agency evaluating flood hazards and containing flood
profiles and water surface elevations of the base flood, which FIS is incorporated by this reference as if fully set
forth herein.
"Floodplain" means any land area susceptible to flooding with at least a one-percent probability of flooding
occurrence in any calendar year based on the basin being fully developed as shown on the current land use plan.
"Floodplain, one-hundred-year" means those lands subject to flooding, which have at least a one percent
(1%) probability of flooding occurrence in any calendar year; and specifically, the floodplain as shown on the flood
boundary and floodway map as prepared by the Federal Emergency Management Agency (FEMA).
"Floodway" or "regulatory floodway" means the channel of a stream, river or other watercourse and the
adjacent land areas of the floodplain which is necessary to contain and discharge the base flood without
cumulatively increasing the water surface elevation more than one (1) foot.
"Floor area" means the total number of square feet of floor area in a building determined by horizontal
measurements between the exterior faces of the outside walls, but excluding any attic, unfinished basement area,
breezeway, cellar, porch, or verandah.
"Frontage" or "road frontage" means the distance measured along a public street right-of-way, or the main
street property line of a lot.
"Garage, parking" means a structure, lot or any portion thereof which is open to the public in which one (1)
or more vehicles are housed or kept, not including exhibition, show rooms, storage of cars or cars for sale.
"Garage, repair" means a building or structure used to house, cover or protect automobiles or other vehicles
from the elements while repairs are being made thereto.
"Grade" means the lowest point of elevation of the finished surface of the ground immediately surrounding
the building or structure.
(1) "Finished grade" means the final elevation and contour of the ground after cutting or filling and
conforming to the proposed design.
(2) "Highest adjacent grade" means the highest natural elevation of the ground surface adjacent to the
proposed foundation walls of a structure prior to construction.

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"Grade (roadway)" means the slope (ratio of change in elevation to change in distance) or a roadway
typically given in percent. For example, a two percent (2%) grade represents two (2) feet of elevation change over
a one hundred-foot distance.
"Grading" means altering the shape of ground surfaces to a predetermined condition; this includes stripping,
cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its cut or filled
condition.
"Greenspace" (or "open space") means any area protected as permanently vegetated land.
"Ground coverage" means the area of a lot occupied by all buildings expressed as a percentage of the gross
area of the lot.
"Ground elevation" means the original elevation of the ground surface prior to cutting or filling.
"Group home" means a residence where two (2) or more unrelated persons live that is under the supervision
of a resident manager. Group homes are established to assist persons who have left highly structured institutions
such as a hospital or prison, to adjust to and reenter society and live within its accepted norms. The purpose of a
group home is to allow people to begin the process of reintegration with society, while still providing monitoring
and support. Group homes shall not provide treatment of drug or alcohol dependency, or provide an alternative to
incarceration.
"Grubbing" means the removal of stumps or roots from a site.
"Hardship" means the presence of some unique or rare condition of land, different in type and extent from
other land in the same location or in the same zoning district.
"Hazard to air navigation" means an obstruction determined to have a substantial adverse effect on the safe
and efficient utilization of the navigable airspace.
"Hazardous material" means any substance defined as "hazardous waste" by the Georgia Department of
Natural Resources pursuant to O.C.G.A. § 12-8-60 et seq. as hereafter amended.
"Hazardous waste" means any solid waste which has been defined as "hazardous waste" in regulations
promulgated by the Administrator of the United States Environmental Protection Agency pursuant to the Federal
Act which are in force and effect on February 1, 1991, codified as 40 C.F.R. Section 261.3 as hereafter amended
and any designated hazardous waste. Also any substance defined as "hazardous waste" by the Georgia
Department of Natural Resources pursuant to O.C.G.A. § 12-8-60 et seq. as hereafter amended.
"Health and personal services" means establishments providing nonmedically related services, including
beauty and barber shops; clothing rental; dry cleaning pick-up stores; laundromats (self-service laundries); psychic
readers; shoe repair shops; tanning salons. These uses may also include accessory retail sales of products related
to the services provided.
"Height" means the vertical distance measured from average elevation of the proposed finished grade to the
highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height of the
highest gable of a pitch or hip roof on a building. When referring to a tower, sign or other structure, the distance
measured from ground level to the highest point on the tower, sign or other structure, even if said highest point is
an antenna. When a building faces on more than one (1) street, the height shall be measured from the average of
the grades at the center of each street front.
"Heliport" means a designated area for landing and takeoff of rotorcraft.
"Highest adjacent grade" means the highest natural elevation of the ground surface, prior to construction,
adjacent to the proposed foundation of a building.

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"Historic district" means a geographically definable area, possessing a significant concentration, linkage, or
continuity of sites, buildings, structures or objects united by past events or aesthetically by plan or physical
development. A district may also comprise individual elements separated geographically but linked by association
or history. A historic district shall further mean an area designated by the mayor and city council as a historic
district pursuant to the criteria established in Section 8.37 of this unified development code.
"Historic structure" means any structure that meets one (1) or more of the following conditions:
(1) Listed individually in the National Register of Historical Places (as maintained by the U.S. Department of
Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for
individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical
significance of a registered historic district or a district preliminarily determined by the Secretary to
qualify as a registered historic district;
(3) Individually listed on a State inventory of historic places and determined as eligible under the State
historic preservation program which has been approved by the Secretary of the Interior; or
(4) Individually listed on a local inventory of historic places and determined as eligible under the local
historic preservation program which has been certified either by an approved State program as
determined by the Secretary of the Interior or directly by the Secretary of the Interior in the event the
State has no approved program.
"Home occupation" means an occupation for gain or support conducted on the premises or within a dwelling
unit by a person or family residing thereon. The term "home occupation" shall not be deemed to include a tourist
home.
"Hookah" means an oriental tobacco pipe with a long, flexible tube which draws the smoke through water
contained in a bowl.
"Hookah bar/lounge" means an establishment where patrons share shisha (flavored tobacco) from a
communal hookah or from one (1) placed at each table or a bar. May serve food and alcohol. See Title 9.
"Hospice care facility." Hospice care provides humane and compassionate care for people in the last phases
of incurable disease so that they may live as fully and comfortably as possible. Hospice is to enable patients to
continue an alert, pain-free life and to manage other symptoms so that their last days may be spent with dignity
and quality, surrounded by their loved ones. Hospice affirms life and does not hasten or postpone death. Hospice
care treats the person rather than the disease; it focuses on quality rather than length of life. It provides family-
centered care; care is provided for the patient and family twenty-four (24) hours a day, seven (7) days a week.
Hospice care can be given in the patient's home, a hospital, nursing home, or private hospice facility.
"Hospital" means an institution receiving in-patients, or a public institution receiving out-patients, and
authorized under Georgia law to render medical, surgical and/or obstetrical care. The term "hospital" shall include
a sanitarium for the treatment and care of mental patients, alcoholics or drug addicts, but shall not include office
facilities for the private practice of medicine or dentistry.
"Hotel" means a building in which lodging, generally without in-room cooking facilities, is provided for
guests. The term "hotel" includes the terms "motel", "extended stay" hotel or motel and "tourist court."
"Impervious surface (or impervious cover)" means any manmade paved, hardened or structural surface
composed of any material that significantly impedes or prevents the natural infiltration of water or stormwater
into the ground below the structure or surface into soil. Impervious surfaces include, but are not limited to,
rooftops, buildings, streets and roads, swimming pools and any concrete or asphalt surface.

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"Improvements" means physical changes to the land which are necessary to create useable lots including
(but not limited to) grading and paving streets, sewer and water facilities, hydrants, sidewalks, monuments,
changes to existing utilities, and stormwater drainage and detention systems.
"Indoor play space" means play space required inside the principal structure of child care centers set aside
for children's recreation and play. The area provided must be at least thirty-five (35) square feet of indoor play
space for each child.
"Industrial activity" means activities subject to NPDES industrial permits as defined in 40 CFR Section
122.26(b)(14).
"Industrialized building" means any structure or component thereof which is wholly or in substantial part
made, fabricated, formed, or assembled in manufacturing facilities for installation on a building site and has been
manufactured in such a manner that all parts or processes cannot be inspected at the installation site without
disassembly, damage to, or destruction thereof. Industrialized buildings are constructed and regulated in
accordance with the "Industrialized Buildings Act," Georgia Law 1981 pp 1637—1643 (O.C.G.A. § 8-2-2(1)).
"Inert construction waste" means waste building materials and other waste resulting from the construction,
remodeling or repair of houses, buildings and other structures which will not or are not likely to cause production
of leachate of environmental concern. Such waste is limited to earth and earth-like products, concrete, cured
asphalt, rock, bricks, yard trimmings, stumps, limbs and leaves. This definition excludes all waste not specifically
listed above.
"Infill" means development of vacant or remnant lands passed over by previous development in the area.
"Infrastructure" means manmade structures and systems which serve the common needs of the population,
such as: Sewage disposal systems; potable water systems; potable water wells serving a system; solid waste
disposal sites or retention areas; stormwater systems; utilities; piers; docks; wharves; breakwaters; bulkheads;
seawalls; bulwarks; revetments; causeways; marinas; navigation channels; bridges; and roadways.
"Inoperable vehicle" means any motorized vehicle incapable of immediately being driven.
"Inspection and maintenance agreement" means a written agreement providing for the long-term inspection
and maintenance of stormwater management facilities and practices on a site or with respect to a land
development project, which when properly recorded in the deed records constitutes a restriction on the title to a
site or other land involved in a land development project.
"Institutional use" means activities for civic, cultural, educational, social, or governmental purposes.
"Interior landscape area" means an area to be landscaped which is located in the interior area of a
development or building site where vehicular parking spaces are to be provided or which is otherwise to be
covered with impervious surface.
"Interparcel connection" means a vehicular and pedestrian road, street or lane connecting segment and or
sidewalk access for public use to gain access to adjacent residential subdivisions, commercial, industrial and mixed
use subdivisions and establishments where access to contiguous properties would otherwise require vehicle trips
on frontage roads for access.
"Junk/salvage yard" means any use on public streets or private property involving the parking, storage or
disassembly of vehicles and/or machinery; the storage, sale or resale of used auto parts, tires, scrap iron, metal;
used plumbing fixtures, old stoves, refrigerators and other old household appliances; used brick, wood, or other
building/structural materials, used paper, rags or other scrap materials. These uses shall be considered junk yards
whether or not all or part of these operations are conducted inside a building or in conjunction with, or accessory
to other uses of the premises.

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"Junked vehicle" means any wrecked inoperable, dismantled automobile, truck or other vehicle which does
not bear a current State license plate.
"Kennel" means:
(1) "Commercial kennel" means any location which provides boarding and care for dogs, cats, or other
small animals for pecuniary gain.
(2) "Noncommercial kennel" means any single-family residence in the RA zoning district where no more
than ten (10) adult dogs and/or cats are kept as pets for the noncommercial purpose of hunting,
exhibition in shows, field trials or breeding. Surplus offspring bred at such kennels to enhance or
perpetuate any given breed, recognized by the American Kennel Club, may be sold at such kennels and
shall not be considered a commercial activity. All animals kept or maintained in said kennel must be
owned by the individual or family residing upon the lot upon which the kennel is located.
"Kindergarten" means a State-approved institution for the education of pre-school aged children.
"Kitchen" means a room or interior area equipped for preparing and cooking food.
"Land development." See "development."
"Land development activities" means those actions or activities which comprise, facilitate or result in land
development.
"Land development project" means a discrete land development undertaking.
"Land disturbance" means any land or vegetation change, including, but not limited to, clearing, grubbing,
stripping, removal of vegetation, dredging, grading, excavating, transporting, and filling of land, that do not involve
construction, paving or any other installation of impervious cover.
"Land disturbance permit (LDP)" means any permit other than a building permit issued by City of Stockbridge
that authorizes clearing or grading activities on a site or portion of a site. Said permit may be clearing, clearing and
grubbing, grading, or development permit as defined and authorized under the development regulations of the
City of Stockbridge.
"Land disturbing activity" means any activity which may result in soil erosion from water or wind and the
movement of sediments into State waters or onto lands within the State, including, but not limited to, clearing,
dredging, grading, excavating, transporting, and filling of land but not including agricultural practices.
"Landscape plan" means a detailed plan depicting proposed landscaping which will accompany all site plans
submitted for development approval when required by the unified development code.
"Landscape strip" means land area located within the boundary of a lot and required to be set aside and used
for landscaping upon which only limited encroachments are authorized.
"Litter" means any organic or inorganic waste material, rubbish, refuse, garbage, trash, hulls, peelings,
debris, grass, weeds, ashes, sand, gravel, slag, brickbats, metal, plastic, and glass containers, broken glass, dead
animals or intentionally or unintentionally discarded materials of every kind and description which are not "waste"
as such terms defined on O.C.G.A. § 16-7-51(6).
"Live-work unit" means a dwelling unit containing an office use of the lesser of six hundred (600) square feet
in floor area or forty percent (40%) of the unit's total floor area. Office uses shall be adjacent to sidewalk area; and
shall be the place of employment for no more than five (5) persons, at least one (1) of whom shall be a resident
thereof. A live-work unit is considered a mixed-use building. Live-work units are permitted in residential and
commercial areas, according to the framework plan.

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"Loading space, off-street" means space logically and conveniently located for bulk pickups and deliveries,
scaled to the size of delivery vehicles expected to be used.
"Lodge" means a membership organization that holds regular meetings and that may, subject to other
regulations controlling such uses, maintain dining facilities, serve alcohol, or engage professional entertainment for
the enjoyment of dues-paying members and their guests. There are no sleeping facilities.
"Lot" means a portion or parcel of land separated from other portions or parcels by description, such as on a
subdivision plat, survey map, or metes and bounds.
(1) "Corner lot" means a lot abutting two (2) or more streets at their intersection, or bounded on two (2)
or more adjacent sides by street right-of-way lines.
(2) "Double frontage lot (through lot)" means a lot, other than a corner lot, that has frontage upon two (2)
or more streets that do not intersect at a point abutting the property.
(3) "Flag lot" means a lot with uneven dimensions in which the portion fronting on a street is less than the
required minimum width required for construction of a building or structure.
(4) "Interior" means a lot other than a corner lot or a through lot.
"Lot depth" means the average horizontal distance between the front and rear lot lines. (Lot definitions are
illustrated in figure A.1.) [not available]
"Lot line (property line)" means the property boundary, abutting a right-of-way line, or any line defining the
exact location of a lot.
"Lot of record" means an individual lot or a lot which is a part of a subdivision, the map of which has been
recorded in the office of the clerk of superior court of Henry County, Georgia, or a parcel of land the deed of which
has been recorded in the office of the clerk of superior court of Henry County.
"Lot width" means the horizontal distance between the side lot lines measured along the street right-of-way
lines.
"Lowest floor" means the lowest floor of the lowest enclosed area, including basement. An unfinished or
flood-resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a
basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the
structure in violation of other provisions of this unified development code.
"Manufactured home" means a structure transportable in one (1) or more sections, which, in the traveling
mode, is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, is
three hundred twenty (320) or more square feet and which is built on a permanent chassis and designed to be
used as a dwelling with or without a permanent foundation when connected to the required utilities and includes
the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall
include any structure which meets all the requirements of this paragraph except the size requirements and with
respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban
development and complies with the standards established under the National Manufactured Housing Construction
and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq.
Manufactured homes are built or fabricated in an offsite facility on or after June 15, 1976 and installed or
assembled on the home site. They must meet U.S. Department of Housing and Urban Development (HUD)
construction requirements. Manufactured homes may be single- or multi-section and are transported to the site
and installed with each section bearing a seal certifying that it is built in compliance with the Federal
Manufactured Home Construction and Safety Standard Act.

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"Master development plan" means a written and graphic submission for a mixed-use development which
represents a tract of land, proposed subdivision, the location and bulk of buildings and other structures, density of
development, public and private streets, parking facilities, common open space, public facilities and all covenants
relating to use thereof. The master development plan is submitted in conjunction with a rezoning application for
the MU zoning district.
"Mini-warehouse" means a building or portion thereof used for dead storage, mainly of the excess personal
property of an individual or family, but also of small amounts of goods or merchandise for businesses or
individuals. Mini-warehouses shall not include retail sale on the premises, commercial repair or other services,
manufacturing or any other commercial use.
"Mixed use (development)" means a development project that incorporates two (2) or more different types
of land uses or activities, such as residential, commercial, office, and/or industrial. A mixed-use development has
the different types of land uses in proximity, vertically or horizontally, planned as a unified complementary whole,
and functionally integrated to the use of shared vehicular and pedestrian access and parking areas.
"Mobile food services, portable restaurants, temporary outdoor and sales, and sidewalk sales" means any
temporary business selling goods or merchandise from a tent, truck, vending cart or other areas outside of a
permanent structure on property owned or leased by the business. Temporary outdoor sales do not include sales
conducted by charitable organizations incidental to the principal or permitted use or structure on the property.
"Mobile home" means a structure, transportable in one (1) or more sections, which, in the traveling mode, is
eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, is three
hundred twenty (320) or more square feet and which is built on a permanent chassis and designed to be used as a
dwelling with or without a permanent foundation when connected to the required utilities and includes the
plumbing, heating, air-conditioning, and electrical systems contained therein and manufactured prior to June 15,
1976. Documentation of compliance with the National Mobile Home Construction and Safety Standard Act (United
States Department of Housing and Urban Development certification) shall be required.
"Mobile home park" means a parcel of land that has been planned and improved for the placement of
mobile homes for living or sleeping purposes, or where spaces or lots are set aside and offered for rent for use by
mobile homes for living or sleeping purposes, including any land, building or structure or facility used by occupants
of mobile homes on such premises. A mobile home park does not include an automobile or mobile home sales lot
on which unoccupied mobile homes are parked for inspection or sale.
"Motel" means an establishment where lodging without separate cooking facilities are provided to the public
for compensation, in which ingress or egress to and from all rooms are made primarily directly from an exterior
walkway rather than from an inside lobby. Includes a building or group of buildings intended for short-term use by
transients or the travelers, and containing sleeping accommodations with sanitary facilities. Other synonymous
terms include hotel, tourist court, motor court, motor inn, or motor lodge.
(1) Extended stay motel or hotel. A motel providing sleeping accommodations, sanitary facilities, and
kitchen facilities, intended for overnight or weekly use.
"Move-in house or structure" means [a] pre-existing dwelling or structure relocated to another lot or on the
same lot.
"National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit" means a permit
issued by the Georgia EPD under authority delegated pursuant to 33 U.S.C. § 1342(b) that authorizes the discharge
of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general
area-wide basis.
"Natural area" means an area of natural vegetation that is generally undisturbed, unmaintained, and is self-
perpetuating. It includes not only trees, but also native shrubs, ground covers, wildflowers, vines, and grasses.

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"Natural ground surface" means the ground surface in its original state before any grading, excavation or
filling.
"Natural vegetated area" means an undeveloped area largely free from human disturbance where naturally
occurring vegetation is allowed to remain undisturbed or is enhanced and maintained by human intervention.
Activities specifically allowed in such an area include, but are not limited to: Conservation or preservation of soil,
water, vegetation, fish, shellfish and other wildlife; outdoor recreational activities, including hunting, fishing,
trapping, bird watching, hiking, boating, horseback riding, swimming, canoeing, skeet and trap shooting;
education, scientific research and nature trails; maintenance or repair of lawfully located roads, structures and
utilities used in the service of the public, provided that the work is conducted using best management practices to
ensure that negative effects on the previous nature of the land shall be minimized; and limited excavating, filling
and land disturbance necessary for the repair and maintenance of structures necessary to the uses permissible in
the area as above.
"Net acreage" means the total acreage of any parcel or combined parcels of land to be developed as a single
project, less the sum of the following: Total number of acres contained in the one hundred-year flood hazard area,
total number of acres contained in rights-of-way and the total number of acres contained in detention or retention
ponds to be constructed.
"Nonconformity" or "nonconforming use" means a land use activity, building or structure legally established
prior to adoption of this unified development code, or subsequent amendment to it, that would not otherwise be
permissible under the provisions of this section.
"Nursery school, kindergarten schools." See "day care" definition.
"Nursing home" means a use in which domiciliary care is provided to one (1) or more convalescing,
chronically or terminally ill non-family members who are provided with food, shelter and care. This use shall not
include hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or
injured.
"Open space" means permanently protected areas that are preserved in a natural state and undisturbed land
or otherwise properties set aside for recreational uses, buffers, common areas, landscape areas, as well as other
uses defined under the "open space categories" described below. Buffers and wetlands, if located on lots to be
conveyed to private property owners, shall not be considered as "open space." Land contained within the one
hundred-year flood zone shall not be considered as "open space" if located on lots that are to be conveyed to
private property owners. Land designated as "open space" is divided into five (5) categories (the "open space
categories" or, singularly, an "open space category"):
(1) "Category A" means wetland stream buffers; one hundred-year flood hazard areas, undisturbed buffers
between various land uses, roadside buffers, wildlife sanctuaries, and other forms of buffers, if owned
by the developer or a property owners association;
(2) "Category B" means improved and revegetated areas utilized for active recreation, such as ball fields,
parks and golf courses;
(3) "Category C" means improved, active recreation areas, such as swimming pools, tennis courts and
playgrounds;
(4) "Category D" means State waters, including wetlands, ponds, lakes, if owned by a developer or a
property owners association; and
(5) "Category E" means land donated to a governmental entity for public use, provided such land is not
located in a wetland or one hundred-year flood zone.

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"Outdoor play area" means an area outside the principal structure designed and set aside for recreation and
play in the open air and sunshine and may contain some play equipment. See "child care center" definition.
"Outside storage" means the placement or containment of goods, materials, or equipment other than within
a building, for purposes of keeping such goods, materials, or equipment for processing, use, sale, or transfer to
other locations.
"Overhang" means the edge of a roof that projects out over the space or wall beneath.
"Overlay zoning district" or "overlay district" means a defined geographic area that encompasses one (1) or
more underlying zoning districts and that superimposes additional requirements above those required by the
underlying zoning district. An overlay district can be coterminous with existing zoning districts or containing only
parts of one (1) or more such districts. Permitted uses in the underlying zoning district shall continue subject to
compliance with the regulations of the overlay zone or district where that use is expanded or enlarged after the
adoption of this unified development code.
"Owner" means the legal or beneficial owner of a site including, but not limited to, a mortgagee or vendee in
possession, receiver, executor, trustee, lessee or other person, firm or corporation in control of the site.
"Parcel" means any plot, lot or acreage shown as a unit on the latest county tax assessment records.
"Parking space, off-street" means an off-street parking space consisting of a space adequate for parking an
automobile with room for opening doors on both sides, together with properly related access to a public street or
alley and maneuvering room, design standards for which are contained in the unified development code.
"Patio cover" means an attached structure with open, screened or glazed walls which is used only for
recreational, outdoor living purposes associated with the dwelling unit and not as carports, garages, storage rooms
or habitable rooms.
"Paved" means a durable surface for parking, driving, riding or similar activities that utilizes asphalt,
concrete, brick, paving blocks, or similar material. Crushed gravel, stone, rock, dirt, sand, or grass are not
permitted as a paved surface.
"Pavement width" means the cross-section width of a paved road measured from edges of pavement.
"Perennial stream" means any stream which flows throughout the entire year, as shown as a solid blue line
on a United States Geological Survey (USGS) Seven-Minute Topographic Series Maps (1:24,000).
"Perimeter landscape area" means an area to be landscaped which is located between the buffer area
required by the unified development code and the interior landscape area, as defined in the unified development
code.
"Permit" means the authorization, issued by the City of Stockbridge to the applicant that is necessary to
conduct the activity that was applied for and approved.
"Person" means any individual, partnership, firm, association, joint venture, public or private corporation,
trust, estate, commission, board, public or private institution, utility, cooperative, State agency, municipality or
other political subdivision of this State, any interstate body or any other legal entity.
"Personal care home" means a personal care home is a single home where personal care services are
provided to no more than six (6) nonfamily adults. Personal care services includes, but is not limited to, individual
assistance with or supervision of self-administered medication and essential activities of daily living such as eating,
bathing, grooming, dressing, and toileting. A care home cannot provide nursing or other medical services or admit
and retain residents who need continuous medical or nursing care (see O.C.G.A. § 31-7-12 for State requirements
for personal care homes). The term "personal care home" does not include buildings which are devoted to
independent living units which include kitchen facilities in which residents have the option of preparing and

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serving some or all of their own meals, nor does it include halfway houses, residential treatment facilities, nursing
homes, sanitariums, hospital or other institutional facilities, or rooming or boarding facilities which do not provide
personal care.
"Pervious surface" means those areas which do not prevent or impede the infiltration of stormwater into the
soil as it entered in natural conditions prior to or after development.
"Pet" means a tame animal kept for companionship or pleasure. In all residential zoning districts the
maximum number of pets allowed per residence is four (4).
"Planned unit development" means development which has both residential and nonresidential land uses
according to a master development plan, with related covenants and restrictions. Developments within a PUD
project may have flexibility in the application of development standards when approved according to a master
development plan, and to promote the conservation of natural resources, more efficient use of land, and,
efficiency in the extension of streets and utilities.
"Pocket park" means a park for active or passive recreational uses consisting of no less than one-quarter (¼)
of a net useable acre (or fourteen thousand two hundred fifty (14,250) square feet). Pocket parks may be
consolidated, provided that the development contains no fewer than one-half (½) the number required and that
any consolidated pocket park does not exceed one (1) net useable acre (or forty-three thousand five hundred sixty
(43,560) square feet), nor contain less than one-half (½) a net useable acre (or twenty-one thousand seven
hundred eighty (21,780) square feet). The purpose of pocket parks is to provide open space for recreational use
within walking distance of most residences especially those located farthest from amenity areas. Therefore, where
required, pocket parks shall be scattered throughout the development but more greatly concentrated in those
parts of the development which are the greatest walking distance from an amenity area.
"Pollutant" means anything which causes or contributes to pollution. Pollutants may include, but are not
limited to: Paints, varnishes, and solvents; petroleum hydrocarbons; automotive fluids; cooking grease; detergents
(biodegradable or otherwise); degreasers; cleaning chemicals; nonhazardous liquid and solid wastes and yard
wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same
may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; liquid and solid wastes;
sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that
result from constructing a building or structure; concrete and cement; and noxious or offensive matter or any kind.
"Pollution" means the contamination or other alteration of any water's physical, chemical or biological
properties by the addition of any constituent and includes, but is not limited to, a change in temperature, taste,
color, turbidity, or odor of such waters, or the discharge of any liquid, gaseous, solid, radioactive, or other
substance into any such waters as will or is likely to create a nuisance or render such waters harmful, detrimental
or injurious to the public health, safety, welfare, or environment, or to domestic, commercial, industrial,
agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other
aquatic life.
"Portico" or "porch" means a covered entrance to a large building or a covered walkway, often leading to the
main entrance of a building that consists of a roof supported by pillars.
"Post-development" refers to the time period, or the conditions that may reasonably be expected or
anticipated to exist, after completion of the land development activity on a site as the context may require.
"Pre-development" refers to the time period, or the conditions that exist, on a site prior to the
commencement of a land development project and at the time that plans for the land development of a site are
approved by the plan approving authority. Where phased development or plan approval occurs (preliminary
grading, roads and utilities, etc.) the existing conditions at the time prior to the first item being approved or
permitted shall establish pre-development conditions.
"Premises" means any building, lot, parcel of land, or portion of land whether improved or unimproved
including adjacent sidewalks and parking strips.

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"Primary surface" means an area longitudinally centered on a runway extending two hundred (200) feet
beyond each end of the runway. The elevation of any point on the primary surface is the same as the elevation of
the nearest point on the runway centerline.
"Principal building" means the building or structure containing or to contain the principal use of a lot.
"Principal permitted use" means that use of a lot which is among the uses allowed as a matter of right under
the zoning classifications. (Also see "WCF principal" or "accessory use.")
"Private deed restrictions or covenants" means private deed restrictions or covenants imposed on land by
private land owners. They bind and restrict the land in the hands of present owners and subsequent owners. They
are enforceable only by the land owners involved and not by the county or other public agency.
"Project" means a single improvement or set of interrelated improvements undertaken together within a
finite time period at a specific location. With regard to land development, a project may be identified as those
construction activities authorized collectively by a building permit or other development approval, or for an
interrelated collection of buildings and common public facilities such as a residential subdivision or an office park.
"Project improvements" means site specific improvements or facilities that are planned, designed, or built to
provide service for a specific development project and that are necessary for the use and convenience of the
occupants or users of that project only, and that are not "system" improvements. The character of the
improvement shall control a determination of whether an improvement is a project improvement or a "system"
improvement, and the physical location of the improvement on-site or off-site shall not be considered
determinative of whether an improvement is a "project" improvement or a "system" improvement. A project
improvement may provide no more than incidental service or facility capacity to persons other than users or
occupants of the particular project they serve. No improvement or facility included in a plan for public facilities and
approved for public funding by the City of Stockbridge, Georgia, shall be considered a project improvement.
"Property line." See "lot line."
"Property owner" means that person or entity that holds legal title to property.
"Proportionate share" means that portion of the cost of system improvements that is reasonably and fairly
related to the service demands and needs of a project.
"Protection area" or "stream protection area," with respect to a stream, means the combined areas of all
required buffers and setbacks applicable to such stream.
"Public facilities" or "public spaces" means:
(1) Parks, open space, and recreation areas and related facilities; and
(2) Public safety facilities, including police, inmate housing, fire, animal control, emergency medical, and
rescue facilities;
(3) Libraries and related facilities; and
(4) Roads, streets, and bridges, including rights-of-way, traffic signals, landscaping, and any other
components of State or Federal highways.
"Public or private property" means the right-of-way of any road or highway; any body of water or
watercourse or the shores or beaches thereof; any park, playground, building, refuge, or conservation or
recreation area; timberlands or forests; and residential, commercial, industrial, or farm properties.
"Public streets" means right-of-way dedicated to the county or owned by the county for public street
purpose.
"Public utility" means firm, corporation, or local government authorities providing gas, electricity,
communications service, and similar essential services.

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"Public water facilities" means mains and service lines owned and operated by the City of Stockbridge, the
Henry County Water and Sewage Authority, or when approved by the mayor and city council, a private water
system operating under the direct supervision of the DNR.
"Qualified personnel" means any person who meets or exceeds the education and training requirements of
O.C.G.A. § 12-7-19.
"Regulatory flood (regulatory flood elevation)" means the flood standard equal to or higher than the base
flood.
"Residence" means a home, abode, or place where an individual is actually living on a non-temporary basis.
"Right-of-way" means access over or across a particularly described property for a specific purpose. A strip of
land intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water
line, storm sewer, drainage structure, sewer line, or other similar use.
"Roadway drainage structure" means a device such as a bridge, culvert, or ditch, composed of a virtually
nonerodible material such as concrete, steel, plastic, or other such material that conveys water under a roadway
by intercepting the flow on one (1) side of a traveled way consisting of one (1) or more defined lanes, with or
without shoulder areas, and carrying water to a release point on the other side.
"Sediment" means solid material, both organic and inorganic, that is in suspension, is being transported, or
has been moved from its site of origin by air, water, ice, or gravity as a product of erosion.
"Sedimentation" means the process by which eroded material is transported and deposited by the action of
water, wind, ice, or gravity.
"Self-service storage facility" means a fully enclosed facility containing independent bays and/or self
contained units which are leased to or owned by individuals exclusively for dead storage of goods or personal
property.
"Setback" means the horizontal distance between a building or building line and a property line or a buffer
line in which a structure cannot be erected or, with respect to a stream, the area established by the unified
development code extending beyond any buffer applicable to the stream. (Setbacks are illustrated in figure A.2.)
"Shrub" means a woody plant of relatively low height, as distinguished from a tree by having several stems
rather than a single trunk.
"Sidewalk area" means an area improved for walking along an existing street, primary grid, or secondary grid
that begins at the street curb, or edge of pavement if no curb exists, and consists of a contiguous and continuous
landscape zone and pedestrian zone.
(1) "Sidewalk landscape zone" means the paved or unpaved portion of the sidewalk area adjacent to the
street and reserved for trees, groundcover, and street furniture including, waste receptacles, traffic
signs, newspaper boxes, bicycle racks and similar elements in a manner that does not obstruct
pedestrian access or motorist visibility.
(2) "Sidewalk pedestrian zone" means the paved portion of the sidewalk area reserved for pedestrian
passage and unobstructed by any permanent objects to a height of eight (8) feet above the paved
surface. The pedestrian zone shall be adjacent to the landscape zone and shall have a consistent cross-
slope not exceeding two percent (2%).

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"Sign" means every device, item, product, frame, letter, figure, character, mark, plane, point, design, picture,
stroke, stripe, trademark, or reading matter, which is used or intended to be used to attract attention or convey
information when the same is placed in view of the general public. For the purpose of determining number of
signs, a single display surface or a single display device containing different elements that are organized, related,
and composed to form a unit shall be considered to be one (1) sign. Where different elements are displayed in a
random manner without an organized relationship to each other, or where there is reasonable doubt as to the
relationship of different elements to each other, each element shall be considered to be a single separate sign.
"Small box discount store" means a retail store:
(1) With floor area less than twelve thousand (12,000) square feet;
(2) That primarily offers for sale a combination and variety of convenience shopping goods and consumer
shopping goods; and
(3) Continuously offers and advertises a majority of the items in their inventory for sale at a price less than
ten dollars ($10.00) per item.
Small box discount store shall not include the following: Drug stores or a convenience stores attached to or
collocated with gas stations.
"Solar energy system (SES)" means a device or structural design feature that provides for the collection of
solar energy for electricity generation, consumption, or transmission, or for thermal applications.
For purposes of the City of Stockbridge zoning code, SES refers only to:
(1) Photovoltaic SESs that convert solar energy directly into electricity through a semiconductor device; or
(2) Solar thermal systems that use collectors to convert the sun's rays into useful forms of energy for
water heating, space heating, or space cooling.
SES as used in the City of Stockbridge zoning code excludes concentrated solar power, which uses mirrors to
focus the energy from the sun to produce electricity.
"Integrated solar energy system" means an SES where solar materials are incorporated into building
materials, such that the two (2) are reasonably indistinguishable, or where solar materials are used in place
of traditional building components, such that the SES is structurally an integral part of a house, building, or
other structure. An integrated SES may be incorporated into, among other things, a building facade, skylight,
shingles, canopy, light, or parking meter.
"Rooftop solar energy system" means an SES that is structurally mounted to the roof of a house, building, or
other structure and does not qualify as an integrated SES.
"Ground mounted solar energy system" means an SES that is structurally mounted to the ground and does
not qualify as an integrated SES. For purposes of the Stockbridge zoning code, any solar canopy that does not
qualify as an integrated SES shall be considered a ground mounted SES, regardless of where it is mounted.
The footprint of a ground mounted SES is calculated by drawing a perimeter around the outermost SES
panels and any equipment necessary for the functioning of the SES, such as transformers and inverters. The
footprint does not include any visual buffer or perimeter fencing. Transmission lines (or portions thereof)
required to connect the SES to a utility or consumer outside the SES perimeter shall not be included in
calculating the footprint. Ground mounted SESs shall be delineated by size as follows:
"Small scale ground mounted solar energy system (small scale SES)" means a ground mounted SES with
a footprint of less than two (2) acres.
"Intermediate scale ground mounted solar energy system (intermediate scale SES)" means a ground
mounted SES with a footprint of between two (2) and fifteen (15) acres.

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"Large scale ground mounted solar energy system (large scale SES)" means a ground mounted SES with
a footprint of more than fifteen (15) acres.
"Soil and water conservation district approved plan" means an erosion and sedimentation control plan
approved in writing by the Henry County Soil and Water Conservation District.
"Solid waste management facilities" means public or private disposal facilities or transfer stations, operated
for the purpose of recycling, reclaiming, treating, or disposal of garbage, sewage, rubbish, offal, oil field wastes,
hazardous waste, or other waste material originating on or off the premises.
"Special event" means a gathering or event for which the promoter or other person, firm, or corporation
holding or producing the event must obtain a permit.
"Stabilization" means the process of establishing an enduring soil cover of vegetation by the installation of
temporary or permanent structures for the purpose of reducing to a minimum the erosion process and the
resultant transport of sediment by wind, water, ice or gravity.
"Stable, private" means a stable with a capacity of not more that four (4) horses, mules or other draught
animals.
"Stable, public" means a stable other than a private stable with a capacity of more than four (4) horses,
mules or other draught animals.
"Start of construction" means the date the permit was issued, provided the actual start of construction,
repair, reconstruction, or improvement was within one hundred eighty (180) days after the permit date. The actual
start means the first placement of permanent construction of the structure such as the pouring of slabs or
footings, installation of piles, construction of columns, or any work beyond the stage of excavation, and includes
the placement of a manufactured home on a foundation. Permanent construction does not include initial land
preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways;
nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms;
nor does it include the installation on the property of buildings appurtenant to the permitted structure, such as
garages or sheds not occupied as dwelling units or part of the main structure. (Note: Accessory structures are not
exempt from any ordinance requirements.) For a substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
"State waters" means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage
systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying within or
forming a part of the boundaries of the State which are not entirely confined and retained completely upon the
property of a single individual, partnership, or corporation, except any project involving less than one (1) acre of
disturbed area and as may be defined in O.C.G.A. § 12-7-17(7).
"Street" means the land between the right-of-way lines, whether improved or unimproved, and may
comprise pavement, shoulders, curb and gutter, sidewalks, drainage ditches and structures, and other areas within
the right-of-way lines. (Types of streets are illustrated in figure A.3.)
(1) "Alley" means a strip of land providing vehicular and pedestrian access to the rear of properties which
abut and are served by a public street.
(2) "Boulevard" means a street developed with two (2) one-way pavements separated by a landscaped
median.
(3) "Collector street" means a public street whose function is to collect traffic from local streets and
neighborhoods and connects to another public street of equal or greater classification. A collector may
also provide direct access to adjacent properties.

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(4) "Cul-de-sac" means a dead-end local street, of limited length, opened at one (1) end and closed at the
other by a permanent turnaround.
(5) "Dead-end street" means a local street open at one (1) end and closed at the other.
(6) "Expressway" means the expressway system, which includes high volume limited access thoroughfares
through the county and region beyond.
(7) "Frontage road" means a street which is parallel to, and adjacent to major thoroughfare and which
provides access to abutting properties and protection from through traffic.
(8) "Local street" means a public street that serves a limited area and whose primary function is to provide
direct access to adjoining properties.
(9) "Major arterial" means a public street whose primary function is to connect two (2) highways of equal
or greater classification or capacity, provide primary access to a large land area, provide access to a
large traffic generator, or connect two (2) or more towns or communities. The secondary function is to
provide local access.
(10) "Minor arterial" means a public street that serves an intermediate function between collectors and
major arterials, and also serves as a traffic feeder to major arterials and for cross-country and regional
travel.
(11) "Stub street" means a dead-end street at adjoining property lines intended for future extension to
serve the development of adjoining areas.
"Structure" means anything constructed or erected with a fixed location principally above or on the ground
or attached to something having a fixed location on the ground including a walled and roofed building,
manufactured home, or gas or liquid storage tank.
(1) "Structure, principal" means the building or structure in which the primary use permissible on the lot is
conducted.
(2) "Structure, accessory" or "accessory use" means a building subordinate to the principal building or use
on a lot and used for purposes incidental to the principal building or use and located on the same lot
therewith. An accessory structure shall not be erected on a lot prior to the time of construction of the
principal structure to which it is accessory.
"Subdivision" means the division of a parcel or tract of land into more than one (1) or more lots or building
sites for the purpose, whether immediately or in the future, of sale, of creating sites for development, the
rearrangement of existing lot lines, or for the purpose of transfer of ownership and includes divisions of land
resulting from or made in connection with the layout or development of a new street or roadway or a change in an
existing street or roadway.
"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the
structure to its before-damaged condition would equal or exceed fifty percent (50%) of the market value of the
structure before the damage occurred.
"Substantial improvement" means any combination of repairs, reconstruction, alteration, or improvements
to a building, taking place during a ten-year period, in which the cumulative cost equals or exceeds fifty percent
(50%) of the market value of the structure prior to the improvement. The market value of the building means:
(1) The appraised value of the structure prior to the start of the initial repair or improvement; or
(2) In the case of damage, the value of the structure prior to the damage occurring. This term includes
structures which have incurred "substantial damage" regardless of the actual amount of repair work
performed.

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For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of
any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects
the external dimensions of the building. The term does not, however, include those improvements of a building
required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure
safe living conditions, which have been pre-identified by the director, and not solely triggered by an improvement
or repair project.
"Substantially improved existing manufactured home park or subdivision" means where the repair,
reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds fifty percent
(50%) of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.
"Timber harvesting" means the felling, loading, and transporting of timber products (pulpwood, etc.). The
term "timber harvesting" may include both clear cutting and selective cutting of timber.
"Tree" means any living, self-supporting, woody perennial plant which has a trunk DBH of one and one-half
(1½) inches and which normally attains a height of at least twelve (12) feet at maturity, usually with one (1) main
stem or trunk and many branches.
"Tree diameter" means the widest cross-sectional dimension of a tree trunk measured at diameter breast
height (dbh).
"Tower (support structure)" means any structure designed and constructed primarily for the purpose of
supporting one (1) or more antenna arrays, including self-supporting lattice towers, guy tower, or monopole
towers. The term shall include radio and television transmission towers, microwave towers, common-carrier
towers, PCS service towers, cellular telephone towers, alternative tower structures, and the like.
(1) "Monopole tower" means a cylindrical self-supporting communications tower constructed as a single
spire.
(2) "Stealth tower/facility" means any communications facility which is designed to blend into the
surrounding environment. Examples of stealth facilities may include architecturally screened roof-
mounted antennas, building mounted antennas painted to match the existing structure, antennas
integrated into architectural elements, antenna structures designed to look like light poles and
structures designed to resemble natural features such as trees and rock outcroppings.
"Townhouse, fee simple." See "dwelling, townhouse."
"Tractor trailer drop lot" means property used solely for the temporary placement of tractor trailers where
no structure is located on the premises.
"Tractor trailer storage" means property used for the long term-controlled storage of tractor trailers which
include permanent office or security facilities.
"Traffic impact study (TIS)" is an important tool in the overall development planning process (residential,
commercial, industrial, institutional, etc.). It provides information which identifies impacts of proposed
developments on the existing, short range and long range roadway/circulation networks. It also identifies
mitigation measures for the impacts identified. Traffic impact studies shall be conducted by a qualified
professional.
"Trailer (motor home)" means a motorized vehicle, designed and/or maintained for use as a temporary
dwelling or sleeping place for travel or recreation purposes exclusively, having no foundation other than for wheels
or jacks.
"Trailer (travel)" means a nonmotorized vehicle, pulled by an automobile or truck designed and/or
maintained for use as a temporary dwelling or sleeping place for travel or recreation purposes exclusively.

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"Understory tree (also medium or small tree)" means a class of trees and large shrubs that do not attain the
height of a canopy or shade tree, yet are large enough at maturity to provide shade for people, as well as many of
the benefits of larger shade trees. Examples include Dogwood, Red Bud, Crabapple, Crepe Myrtle, Wax Myrtle,
Ornamental Cherry, Hawthorne, and tree-type type hollies.
"Undisturbed buffer" means a buffer, either impervious or vegetated, in which no encroachment of buildings
or structures is permitted.
"Unit of development" means the standard incremental measure of land development activity for a specific
type of land use upon which the rate of demand for public service and facilities is based, such as a dwelling unit,
square foot of floor area, motel room, etc.
"Use" means the purpose or activity for which land or buildings are designed, arranged, intended, or
occupied and maintained or leased.
"Utility" means public or private water or sewer piping systems, water or sewer pumping stations, electric
power lines, fuel pipelines, telephone lines, roads, driveways, bridges, river/lake access facilities, stormwater
systems and railroads.
"Variance" means a grant of relief from the site design requirements of the unified development code
related to dimensional standards for lots, building placement, building height, and parking spaces.
"Vehicle, abandoned" means a vehicle which does not bear a current State license plate, unless said vehicle
is stored within a completely enclosed building or it is stored on a bona fide sales lot and is in satisfactory
operating condition.
"Vehicle use area" means any area, paved or unpaved, used for egress or ingress, or to store or park motor
vehicles.
"Violation" means the failure of a structure or other development to be fully compliant with the community's
floodplain management or development regulations. A structure or other development without the elevation
certificate, other certificates, or other evidence of compliance required in this ordinance is presumed to be in
violation until such time as that documentation is provided.
"Wetlands" means those areas that are inundated or saturated by surface or groundwater at a frequency
and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions.
"Wireless communications" means any personal wireless services as defined in the Telecommunications Act
of 1996, which includes FCC-licensed commercial wireless communications services, including cellular, digital
communications (DCS), personal communications services (PCS), specialized mobile radio (SMR), enhanced
specialized mobile radio (ESMR), paging, radio and television communications, and similar services that currently
exist or that may in the future be developed.
"Wireless telecommunications facility" means a structure, facility or location designed, or intended to be
used as, or used to support, antennas or other transmitting or receiving devices. This includes without limit, new
and existing antenna support structures, replacement antenna support structures, collocations on existing antenna
support structures, attached wireless telecommunications facilities and concealed wireless telecommunications
facilities.
"Wrecker service" means the recovering or removing wrecked, junked, abandoned, disabled or repossessed
vehicles by a person, vehicle, or piece of equipment employed, especially a truck with a hoist and towing

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apparatus. Vehicle storage areas are only allowed with an approved conditional usespecial use. Dismantling of
stored vehicles for resale purposes shall be prohibited.
"Yard" means a required open space located on the same lot as the principal building, unoccupied and
unobstructed except for accessory uses, vegetation, and fences
(1) "Front yard" means that area of a lot lying between the abutting street right-of-way line and the
principal building of the lot and extending across the front of a lot from side lot line to side lot line. The
front yard of a corner lot shall include the yard abutting the street with the least frontage, unless
otherwise determined on a recorded plat or in a recorded deed. The front yard of a lot existing
between two (2) streets not intersecting at a corner of the lot, shall be that yard abutting the street on
which adjoining properties face, unless otherwise determined on a recorded plat or in a recorded deed.
(2) "Rear yard" means that area of a lot extending across the rear of a lot from side lot line to side lot line
and lying between the rear lot line and the principal building on the lot. The rear yard of a corner lot
shall not include the yard abutting the street with the least frontage, unless otherwise determined on a
recorded plat or in a recorded deed.
(3) "Side yard" means the area of a lot between the side lot line and the principal building on the lot
extending from the front yard to the rear yard.
"Zero lot line" means the location of building on a lot in such a manner that one (1) or more building sides
have no (zero) front, side or rear building setback (or yard requirements) and rests directly on a front, side, or rear
lot line. A zero lot line development is one (1) where houses in the development on a common street frontage are
shifted to one (1) side of their lot.
"Zoning district" means the use classification of parcels of land as generally defined under this unified
development code.
"Zoning map" means a map of the City of Stockbridge, Georgia, that legally denotes the boundaries of zoning
districts as they apply to the properties within the planning jurisdiction.
"Zoning ordinance" means an ordinance or resolution of a local government establishing procedures and
zones or districts within its respective territorial boundaries which regulate the uses and development standards of
property within such zones or districts. The term also includes the zoning map adopted in conjunction with a
zoning ordinance which shows the zones and districts and zoning classifications of property therein. O.C.G.A. § 36-
66-3.

Chapter 13 TREE PROTECTION

13.1 Statement of purpose.
A. The purpose of these standards is to facilitate the preservation, planting and/or replacement of trees and to
prevent the indiscriminate removal of trees in the city without denying the reasonable use and enjoyment of
real property as a part of land development in the city.
B. The City of Stockbridge city council hereby finds that the preservation of existing trees is a public purpose
that protects the public health, safety, general welfare, and aesthetics of Stockbridge and all its citizens.
C. Stockbridge citizens enjoy many benefits that can be directly attributed to our trees.

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1. Trees produce oxygen, which is essential to the well-being of all animal life, including humans.
2. Trees help to reduce the amounts of airborne pollutants.
3. Trees and their foliage intercept dust and particulate matter, thereby helping to purify the air.
4. Trees and their root systems reduce soil erosion and stormwater runoff. This decreases sedimentation
problems and improves water quality.
5. Trees provide food and shelter for wildlife.
6. Trees provide screening, which in turns aids in the reduction of noise and glare.
7. Trees help moderate our air temperature to provide us with a comfortable environment.
8. Trees provide scenic amenities to soften the harshness of city buildings and streets. They are
aesthetically pleasing to all that view them.
9. Trees may affect property values and can have a positive impact upon the economy of an area.
10. Trees enhance the natural functions of streams and related buffers.
D. The purpose of these standards is to provide standards for the preservation of trees as part of the land
development process.
E. The purpose of these standards is to prevent clear-cutting and mass grading of land that results in the loss of
mature trees, and to ensure appropriate replanting when tree loss does occur.
F. The purpose of these standards is to protect trees during construction to enhance the quality of life in the
city.
G. The purpose of these standards is to protect trees in construction of public facilities and utilities.

13.2 General applicability.
A. The terms and provisions of the tree protection ordinance shall apply to all real property in the City of
Stockbridge city limits except as otherwise provided in this section.
B. The terms and provisions of the tree protection ordinance shall further apply to any residential or non-
residential development which requires the issuance of a land disturbance permit, development permit, or
building permit, except as otherwise provided in this section.
C. The terms and provisions of the tree protection ordinance shall also apply to development on any city-owned
property, including property owned by city agencies, boards, and authorities, except as otherwise provided
in this section.

13.3 Exemptions.
A. The following shall be exempt from the provisions of this chapter:
1. The removal of five (5) or fewer trees, other than specimen trees, on any single-family residential
property, within a single calendar year.
2. The removal of more than five (5) trees, other than specimen trees, from an owner-occupied, single-
family lot may be approved by the director if the owner must remove trees to build a newly permitted
structure, or to build an addition to or make improvements to an existing structure where the tree is a
physical detriment to the structure, or to improve the health of other trees in the landscape.

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3. Zonings conditioned to a specific site plan prior to adoption of the tree protection ordinance, provided
that said zoning contains specific conditions for both tree preservation and tree replacement.
4. The removal of trees found to be diseased, or insect infested by the county extension service, the State
forestry commission, a certified arborist, or urban forester.
5. Grandfathered projects.
a. This tree protection ordinance shall not apply to any portion of a property included within the
limits of a valid and complete application for a land disturbance permit or preliminary plat
approval where said application has proceeded through and completed first round red line
review by the community development director or to commercial site plans that have been
reviewed and red lined by the community development department and which were received by
the director or his/her designee prior the adoption of the ordinance from which this chapter is
derived, provided that all time constraints relating to the permit issued shall be observed.
6. The removal of trees from horticultural properties, such as farms, nurseries or orchards. This
exemption shall not include tree harvesting.
7. The removal of any dead, dying, or hazardous (DDH) tree which has become, or threatens to become, a
danger to human life or property. The owner/developer, prior to removal of the DDH tree(s), shall
provide a report from a professional arborist to the director prior to tree removal. This report shall
identify the conditions of the tree(s) that necessitate removal. However, in the case of immediate
danger to life and property the tree may be taken down and an inspection requested to verify the
condition of the tree.
8. The removal of trees for agricultural activities on land zoned rural residential.
9. The necessary removal of trees by a utility company within dedicated utility easements provided
alternative methods to trenching are used when possible, including boring and tunneling.
10. The removal of trees for building permits that do not require or authorize land disturbance.
11. The removal of trees on public rights-of-way conducted by, on behalf of, or any activity pursuant to
work to be dedicated to, a Federal, State, county, municipal or other governmental agency in
pursuance of its lawful activities or functions in the construction or improvement of public right-of-
way.

13.4 Definitions.
"Buffer" means land area used to visibly separate one (1) parcel or land use from another through screening
and physical distance to shield or block noise, light, glare, visual or other conditions, and to minimize physical
passage to dissimilar uses. Buffers also protect the water resources of Georgia when adjacent to streams. Buffer
widths vary depending upon the zoning district and the adjacent zoning district and conditions of zoning. Specific
types of buffers include:
1. "Natural/undisturbed buffer" means land area in which there is no disturbance, including, but not
limited to, removal of understory trees or vegetation, except for maintenance or removal of hazardous
and/or invasive trees and plants, or for approved perpendicular access and utility crossings. Existing
vegetation may qualify to be a natural buffer, if sufficient vegetation exists within the required buffer
width, the vegetation can be fully protected during construction, and the existing vegetation can be
proven to be substantially similar to the required plantings of a new buffer and/or is sufficiently visibly
dense to be accepted by the city as equivalent to a planted buffer once mature.
2. "Enhanced natural buffer" means land area where an existing natural buffer is found to be inadequate
and therefore requires additional vegetative screening. No disturbance is allowed except for

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maintenance or removal of and/or invasive trees and plants, or for approved perpendicular access,
utility crossings and the addition of vegetative screening.
3. "Maintained landscape buffer" means land area in which grading is allowed and re-vegetation to a
buffer is required specific to a zoning case. Buffer must be replanted but also maintained per approved
landscape plan and not allowed to revert to a natural/undisturbed buffer.
4. "Stream buffer (State)" means "The area of land immediately adjacent to the banks of State waters in
its natural state of vegetation, which facilitates the protection of water quality and aquatic habitat."
The definition of stream buffer is governed by Georgia Law, O.C.G.A. § 12-7-3(2).
5. "Stream buffer (local)," with respect to a stream, means a natural or enhanced vegetated area, lying
adjacent to the stream.
6. "Structural buffer" means a buffer that creates a visual screen through construction of a solid wooden
fence, decorative masonry wall, earthen berm, or combination of fence or wall with an earthen berm,
which may be supplemented with vegetation, so as to present an opaque visual separation when
viewed from one (1) side to the other throughout the year.
7. "Zoning buffer" means a buffer required by the zoning ordinance or as a condition of zoning, special
use or variance approval for a specific property.
"Caliper" means a standard of trunk measurement for understory or replacement trees. Caliper inches are
measured at the height of six (6) inches above the ground for trees up to and including four-inch caliper and twelve
(12) inches above the ground for trees larger than four-inch caliper.
"Canopy tree" means a tree that when mature commonly reaches a height greater than forty (40) feet.
"City" means the City of Stockbridge, Georgia.
Clearing/clear cutting" means the broad removal of all trees and/or vegetation from an area, whether by
cutting or other means.
"Construction buffer" means a type of buffer which is temporary and remains in effect during the
construction of a project.
"Critical root zone" means the minimum area beneath a tree which must be left undisturbed in order to
preserve a sufficient critical root zone (CRZ) and will typically be an area represented by a circle centered on the
tree's trunk with a radius equal to one (1) foot per one (1) inch of trunk diameter at breast height (DBH). Example,
a twelve-inch diameter tree at breast height (twelve (12) inches DBH) would have a twelve-foot radius circle
(twenty-four-foot diameter circle) which represents the critical root zone (CRZ).
"Dead, dying, or hazardous tree (DDH)" means a tree that has structural defects in the roots, stem, or
branches that may cause the tree or a part of the tree to fail, where such failure may cause property damage or
personal injury.
"Tree defects." Tree defects can be of two (2) kinds: Injury or disease that seriously weakens the stems,
roots, or branches of trees, predisposing them to fail or structural problems arising from poor tree
architecture. Tree hazards include dead or dying trees, dead parts of live trees, or unstable live trees due to
structural defects or other factors that are within striking distance of people or property.
"Deciduous tree" means a tree that drops foliage at one (1) season of the year, generally in autumn.
"Department" means the City of Stockbridge community development department, as established by the
City of Stockbridge city council, and as operated through the actions and administration of the director or his/her
designee.
"Development activity" means any alteration of the natural environment which requires the approval of a
development or site plan and issuance of a development permit.

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"Development permit" means a permit that is issued by the city that authorizes development activity, and
includes, but is not limited to, a land disturbance permit or building permit.
"Development regulations" means the adopted regulations providing for the subdivision and development of
real property within the city, as amended from time to time by the city council.
"Diameter at breast height (DBH)" means the diameter of a tree is to be measured by one (1) of the following
methods:
1. For existing trees: The standard measure for existing trees on site is diameter at breast height (DBH).
The tree trunk diameter is measured at a height of four and one half (4½) feet above ground level on
the uphill side of the tree. If a tree splits into multiple trunks below four and one half (4½) feet,
measure each trunk individually for total DBH. Crepe Myrtles are excluded from this total DBH
requirement. Simply the largest diameter trunk shall qualify for Crepe Myrtles.
2. For newly planted trees: The standard measure for newly planted trees will be the caliper of the trunk
six (6) inches above the ground level.
"Director" means the director of the community development department or his/her designee.
"Dripline" means a line on the ground established by a vertical plane extending from a tree's outermost
branch tips down to the ground, i.e., the line enclosing the area directly beneath the tree's crown from which
rainfall would drip.
"Floodplain, one hundred-year" means those lands subject to flooding, which have at least a one percent
(1%) probability of flooding occurrence in any calendar year; and specifically, the floodplain as shown on the flood
boundary and floodway map as prepared by the Federal Emergency Management Agency (FEMA).
"Evergreen" means a plant that maintains foliage throughout the entire year.
"Grading" means the placement, removal, or movement of earth by use of mechanical equipment on a
property.
"Grubbing" means the removal of stumps or roots from a site.
"Impervious surface" means those areas which prevent or impede the infiltration of stormwater into the soil
as it entered in natural conditions prior to development. Common impervious areas include, but are not limited to,
rooftops, sidewalks, walkways, patio areas, driveways, parking lots, storage areas, compacted gravel and soil
surfaces, awnings and other fabric or plastic coverings.
"Invasive plant" means a plant that is both non-native and able to establish on many sites, grow quickly, and
spread to the point of disrupting plant communities or ecosystems. A landscape architect or certified arborist shall
be required to identify invasive species.
"Land disturbance permit (LDP)" means any permit other than a building permit issued by City of Stockbridge
that authorizes clearing or grading activities on a site or portion of a site. Said permit may be clearing, clearing and
grubbing, grading, or development permit as defined and authorized under the development regulations of the
City of Stockbridge.
"Landscape strip" means land area located within the boundary of a lot and required to be set aside and used
for landscaping upon which only limited encroachments are authorized.
"Native plant" means a plant that is a part of the balance of nature that has developed over hundreds or
thousands of years in a particular region or ecosystem. Note: The word native should always be used with a
geographic qualifier (that is, native to the Southeast [for example]). Only plants found in this country before
European settlement are considered to be native to the United States.
"Pervious surface" means those areas which do not prevent or impede the infiltration of stormwater into the
soil as it entered in natural conditions prior to or after development.

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"Saved tree" means a tree in which the critical root zone has not been disturbed by more than twenty-five
percent (25%).
"Screening" means a method of shielding or obscuring one (1) abutting or nearby structure or use from
another by opaque fencing, walls, berms, densely planted vegetation, or the like.
"Shrub" means a woody plant of relatively low height, as distinguished from a tree by having several stems
rather than a single trunk.
"Significant tree" means any existing, healthy, living tree eight (8) inches DBH or greater in size.
"Specimen tree" means any tree which has been determined by a registered landscape architect or the
director to be of high value because of type, size, age, and/or of historical significance, or other professional
criteria, and has been so designated in administrative standards established by the city. This is usually a plant with
desirable form, foliage, fruit, or flower that can be emphasized although isolated
"Timber harvesting" means the felling, loading, and transporting of timber products (pulpwood, etc.). The
term "timber harvesting" may include both clear cutting and selective cutting of timber.
"Tree" means any self-supporting woody perennial plant, usually having a main stem or trunk and many
branches, and at maturity normally attaining a trunk diameter greater than three (3) inches at any point and a
height of over twelve (12) feet.
"Tree density unit (TDU)" means a credit assigned to a tree, based on the diameter of the tree, in accordance
with tables contained in this chapter.
"Tree density standard (TDS)" means the minimum number of tree density units per acre which must be
achieved on a property after development.
"Tree planting list" means the recommended species of replacement trees listed in Appendix "A" to this
chapter.
"Tree protection area" means any portion of a site wherein are located existing trees which are proposed to
be preserved to comply with the requirements of this chapter.
"Tree removal" means the physical act of cutting down and removing a tree from a site.
"Tree replacement/protection plan" means a plan that identifies tree protection areas where existing trees
are to be preserved and where proposed replacement trees are to be planted on a property to meet minimum
requirements, as well as methods of tree protection to be undertaken on the site and other pertinent information.
"Tree thinning" means selective cutting or thinning of trees only for the clear purpose of good forestry
management in order to protect said forest from disease or infestation and in no way, shall be construed as clear
cutting.
"Understory tree" means a tree that, when mature, reaches a height between twelve (12) and thirty-five (35)
feet.

13.5 Procedures.
A. Application Requirements.
1. Pre-Application Conference. Prior to submission of an application for development, the applicant is
required to meet with the director or his/her designee to discuss the tree protection ordinance as it
relates to the applicant's property. The purpose of the pre-application conference is to clarify the
provisions and procedures of the tree protection ordinance and review applicable standards and
guidelines for the submittal of documents and required tree protection, replacement, and
maintenance measures.

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2. Tree Survey. Except as provided elsewhere in this section, a tree survey prepared and sealed by a
registered surveyor or certified engineer, arborist or landscape architect, shall be required as part of
any application for a land disturbance permit, development permit, building permit or preliminary
subdivision plat. All trees eight (8) inches (DBH) and larger shall be identified. Specimen trees shall be
identified by size, species, and location with an indication whether they are to be retained or removed.
Trees larger than two (2) inches (DBH) may be identified and counted for unit credit on the tree
protection plan. All specimen trees and all trees that are to be counted toward meeting density
requirements must be shown on the survey and inventoried by size (caliper or DBH, whichever is
applicable) and species. All tree protection zones and tree save areas must be delineated on the plan.
All buffers with existing trees must be delineated on plans as tree save areas. With the prior approval
of the director or his/her designee, sampling methods may be used to determine tree densities for
forested areas.
B. Tree Protection Plan. A tree protection plan shall be submitted with other permit drawings as part of the
development permits process. This plan may either be a separate drawing, or part of a landscape plan, and
shall include the following information:
1. Definition of spatial limits:
a. Limits of land disturbance, clearing, grading, and trenching;
b. Tree save areas;
c. Specimen trees; and
d. Areas of revegetation.
2. Detailed drawings of tree protection measures and their location:
a. Location, species, and size (DBH) of existing significant trees and an indication of which significant
trees would remain on the site;
b. Tree fences;
c. Erosion control fences;
d. Tree protection signs;
e. Tree wells;
f. Aeration systems;
g. Transplanting specifications;
h. Staking specifications; and
i. Other applicable drawings as determined by the director or his/her designee.
3. The tree protection plan shall show all utility lines existing and proposed, including irrigation and
electric lines. The applicant shall coordinate the location of these utility lines with the utility companies
to prevent root damage within the critical root zones of protected trees, and to minimize damage to
trees located in protected zones.
4. Procedures and schedules for the implementation, installation, and maintenance of tree protection
measures.
5. Calculations of tree density proposed on site per [Section 13.6], Tree Preservation and Replacement
Requirements.
6. Tree Protection Inspection. Following the receipt of a complete application, the director or his/her
designee shall schedule and conduct an inspection of the proposed development site. The applicant or

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applicant's designee shall be advised as to the date and time of the inspection and given an
opportunity to participate.
7. Following inspection said plans shall be reviewed by the director or his/her designee for conformance
with applicable zoning conditions, the tree protection ordinance, and any applicable administrative
guidelines, and will either be approved or denied. Reasons for denial shall be noted on the tree
protection plan or otherwise stated in writing.
8. No development or building permit shall be issued until the tree protection plan has been approved by
the director or his/her designee.
9. All tree protection measures shall be installed prior to land disturbance.
C. Final Inspection. No certificate of occupancy shall be issued by the director or his/her designee with respect
to any permit subject to this section unless and until the director or his/her designee shall have inspected the
site and confirmed that all existing trees to remain are in healthy condition and all replacement trees have
been planted in accordance with this section.
D. Issuance of a building or land development permit shall be conditioned on the approved tree protection plan
and conformance to the provisions of these regulations. Any permit may be voided if its terms are violated.

13.6 Tree preservation and replacement requirements.
The following tree preservation and replacement requirements are hereby established:
A. If significant trees exist on a tract of land for which a permit subject to this section is sought, either one
hundred twenty (120) inches (DBH) per acre or twenty-five percent (25%) of existing significant trees
per acre of such significant trees, whichever is less, shall be preserved on the site. Trees and tree save
areas counting toward this requirement on sites zoned OI, C-1, C-2, C-3, LI, or HI may be located in
stream buffers and State buffer zones, transitional buffer zones and designated floodplains.
If the director or his/her designee determines that special constraints of a site result in an inability to build or
develop without removing significant trees on a site, where there are only one hundred twenty (120) inches (DBH)
per acre or less of existing significant trees, the director or his/her designee may permit the removal of one (1) or
more significant trees. Trees removed pursuant to this section must be replaced with trees totaling one (1) times
the diameter inches of those inches removed.
B. There shall be at least two (2) two-inch (DBH) overstory trees in every front yard of properties zoned
RR and SR. There shall be at least one (1) two-inch (DBH) overstory tree in every front yard of
properties zoned CCR and MFR.
C. The applicant shall landscape the areas with trees and other plant materials in accordance with the
following standards:
1. Residential Developments. All residential subdivisions shall have an average density of fifteen
(15) density units per acre. Required trees may be located on individual lots or in subdivisions in
which there is commonly owned property may be located on such commonly owned property.
2. Nonresidential and Multifamily Developments. The quantity of total existing/replacement trees
on site must be sufficient to produce a total site density factor of no less than thirty (30) density
units per acre.
D. Procedures for calculating the required tree density are provided in Charts 1, 2 and 3 of this section.
Tree unit values are assigned as follows:
CHART 1.
Conversion From Diameter To Density Factor Units For Existing Deciduous Trees To Remain On Site

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DBH Units DBH Units DBH Units
2 to 3 0.8 25 6.8 38 15.8
4 to 6 1.6 26 7.4 39 16.6
7 to 9 2.4 27 8.0 40 17.4
10 to 12 3.2 28 8.6 41 18.4
13 to 15 4.0 29 9.2 42 19.2
16 to 18 4.8 30 9.8 43 20.2
19 to 21 5.4 31 10.4 44 21.2
22 to 24 6.0 32 11.2 45 22.0
33 11.8 46 23.0
34 12.6 47 24.0
35 13.4 48 25.2
36 14.2 49 26.2
37 15.0 50 27.2

CHART 2.
Conversion from Diameter to Density Factor Units for Evergreens and Conifers
DBH Units
2 to 9 0.2 less unit than deciduous trees
10 to 15 0.1 less unit than deciduous trees
All others Same as deciduous trees

CHART 3.
Conversion from Caliper Diameter to Density Factor Units for Deciduous Replacement Trees
Caliper inches Units
0.0 to 0.9 Not allowed
1.0 to 1.9 no replants under 2 caliper inches Not allowed
2.0 to 2.9 0.4
3.0 to 3.9 0.5
4.0 to 4.9 0.7
5.0 to 5.9 0.8
6.0 to 6.9 1.0
7.0 to 7.9 1.1
8.0 to 8.9 1.2
9.0 to 9.9 1.3
10.0 to 10.9 1.5
11.0 to 11.9 1.6
12 inches or greater 2.0

Container-grown pine trees are given replacement value as follows:
Size Units
7-gallon 0.05

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The use of one- and three-gallon pines will be permitted only with prior approval. There will be no replacement
value given for such trees.
E. Nothing in these regulations shall be construed to allow the removal of any tree or vegetation in a
required stream buffer, transitional buffer zone or State buffer zone except buffer improvements as
authorized by the director.
F. Tree relocation and credit for existing trees replacement units will be granted to trees relocated on
site. Tree relocation is subject to approval of the city arborist or designee. Existing trees between two
(2) caliper inches and seven and nine-tenths (7.9) caliper inches may be used for credit on the tree
replacement plan.
G. Understory Vegetation. Tree preservation areas shall leave intact the naturally occurring groundcover
and understory vegetation except where directed otherwise by the director or his/her designee in
order to allow the removal of undesirable groundcover or understory vegetation.
H. Specimen Trees.
1. Specimen trees shall be identified by the director, or his/her designee, and shall be located on
the tree protection plan.
2. Standards for the identification, preservation, and protection of specimen trees shall be as
follows: Any tree in fair or better condition which equals or exceeds the following diameter sizes:
a. Large hardwoods, i.e. oaks, hickories, tulip poplars, and similar species: Thirty (30) inches
DBH.
b. Large softwoods, i.e. pines, evergreens, and similar species: Thirty (30) inches DBH.
c. Small trees, i.e. dogwoods, redbuds, sourwoods, and similar species: Ten (10) inches DBH.
3. A tree in fair or better condition should meet the following minimum standards:
a. A life expectancy of greater than fifteen (15) years.
b. A relatively sound and solid trunk with no extensive decay or hollow, and less than twenty
percent (20%) radial trunk dieback.
c. No major insect or pathological problem.
4. A lesser-sized tree can be considered a specimen if:
a. It is a rare or unusual species or of historical significance.
b. It is specifically used by a builder, developer, or design professional as a focal point in a
project or landscape.
c. It is a tree with exceptional aesthetic quality.
5. The director or his/her designee may identify and require the preservation of a tree stand if it
contains one (1) or more specimen trees and the specimen trees are interlocked with other
members of the stand in such a way as to imperil the specimen tree if other members of the
stand were to be removed.
6. Any specimen tree removed from a parcel shall be replaced by one and one-half (1.5) times the
equivalent inches (DBH) of replacement trees or existing trees in excess of the requirements of
Section 13.6, Tree Preservation and Replacement Requirements, using species with potentials for
comparable size and quality at maturity.

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I. Protection of Trees During Construction.
1. Trees identified to be preserved and counted as credit for meeting required unit density shall
have four-foot tall orange tree protection fencing installed six (6) feet beyond the perimeter of
the critical root zones.
2. No person engaged in the construction of any structure(s) or improvement(s) or any activity shall
encroach or place solvents, material, construction machinery or temporary soil deposits within
six (6) feet of the area outside the critical root zone as defined herein, or any existing significant
tree within a tree save area, transitional buffer zone, stream buffer, or State buffer zone.
3. All tree protection devices must remain in functioning condition until completion of the project
or until the certificate of occupancy is issued.
4. Any tree, designated in the plan to be saved, which is negligently damaged during construction or
as a result of negligent construction, as determined by the director or his/her designee, shall be
treated according to accepted National Arborists Association standards. If fatally damaged, trees
shall be replaced with four-inch caliper trees equal to the unit value of the tree removed.
However, any specimen tree negligently damaged as described above shall be replaced with four-
inch caliper trees equal to one and one-half (1.5) times the equivalent inches (DBH) of the tree
removed or damaged.
J. Removal of Trees from Floodplain not Permitted. Trees shall not be cut or removed from the
floodplain, except as follows:
1. Those trees found to be diseased or insect infested by the county extension service, the Georgia
Forestry Commission, a certified arborist, or a certified forester. The owner/developer, prior to
removal of the diseased or infested tree(s), shall provide a report from a professional arborist to
[the] director prior to tree removal. This report shall identify the conditions of the tree(s) that
necessitate removal.
2. As necessary for construction, repair or maintenance of public roads, utilities or stormwater
management facilities.
3. As part of an approved wetland mitigation plan.

13.7 Tree replacement standards.
A. The tree protection plan shall include planting schedules with proposed tree names (botanical and common),
quantity, size, spacing, and any special planting notes. Trees used for credit on the tree replacement plan
must be chosen from the preferred list attached hereto as Appendix A to this section. At least fifty percent
(50%) of replacement trees must be overstory trees; no more than twenty-five percent (25%) may be of any
single species, and no more than twenty-five percent (25%) may be evergreen species.
B. Unless otherwise approved by the director or his/her designee, trees selected for replanting must meet the
minimum standards as provided in the American Standard for Nursery Stock (ANSI Z60.1, 1980) and must be
on the tree species selection list found in Appendix A to this section. Trees selected must be free of injury,
pests, disease, nutritional disorders, or root defects, and must be in good vigor to assure a reasonable
expectation of survival. Standards for transplanting shall be in keeping with those established in the
International Society of Arboriculture publication Tree and Shrub Planting Manual or a similar publication.
C. It is desirable that replanted trees be ecologically compatible with the site and neighboring sites. When
practical, the replanted trees shall be of the same or similar species as those removed.
D. Replacement trees shall be planted in manner that provides adequate space for nourishment, light, and
maturation as recommended by the director or his/her designee.

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E. Planting and staking details shall be specified in the required tree protection plan.

13.8 Timber harvesting.
Selective timber harvesting may be permitted upon authorization by the director or his/her designee.
Permits authorizing tree harvesting shall be in accordance with the following standards:
A. A seventy-five-foot wide undisturbed buffer shall be provided and maintained along the entire
perimeter of the property, including road frontages, during the land disturbing activity, except for
authorized access crossings.
B. Notwithstanding the other provisions of this section, no property owner shall be required to preserve
an undisturbed buffer that covers more than twenty-five percent (25%) of the total land area of the
property, excluding area inside the one-hundred-year floodplain. In any such case, an alternative buffer
width shall be provided, as determined by the director pursuant to its review of the application for a
tree harvesting permit.
C. The property shall be required to meet a tree density standard of thirty (30) units per acre, not
including the seventy-five-foot buffer, upon completion of authorized land disturbing activities.
D. The owner/applicant shall utilize the recommended best management practices as established by the
Georgia Forestry Commission.
E. Once timber harvesting takes place in conformity with the above regulations, no development of the
property shall be permitted that would require the cutting of trees preserved under [Section] 14.2,
General Applicability, and [Section] 14.6, Tree Preservation and Replacement, for a period of five (5)
years following authorization of tree harvesting.

13.9 Compliance.

13.9.1 Warranty or maintenance surety.
Upon final installation of new trees, shrubs or other landscape material planted to meet the requirements of
this tree protection ordinance, and following acceptance by the community development department in
accordance with the issuance of a land disturbance permit, development permit, or building permit, the owner
shall either provide proof of warranty or post a maintenance bond or other acceptable surety, warranting the new
trees, shrubs or landscape material for a period of no less than one (1) year.

13.9.2 Inspection.
A. The community development department shall perform an inspection of the plantings and landscape
materials required by this Code prior to expiration of the one-year warranty or maintenance period. The
owner shall be notified of any replacements or restoration that must be made to maintain compliance with
this Code or conditions of zoning, special use or variance approval.
B. Required landscape material found to be dead or near death shall be replaced prior to release by the
community development department of the warranty of maintenance surety. In no case shall replacement
be delayed greater than thirty (30) days from notification unless a performance bond is posted with the
community development department.

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13.9.3 Performance surety.
A. Compliance Prior to Certificate of Occupancy or Final Plat Approval. In the event that new trees proposed to
be planted to achieve the tree density standard as set forth and contained herein, or other trees or
landscape material required to be planted as set forth in Section 4.6, Buffer Regulations, and/or Section 4.7,
Landscape Regulations, are not installed upon application for a certificate of occupancy or final plat approval
as appropriate to the project, then a performance bond or other acceptable surety in an amount equal to
one hundred ten percent (110%) of the value of new trees or landscape material and their installation shall
be posted with the community development department in accordance with the performance bonding
requirements and provisions of the procedures and permits section of this UDC.
B. Compliance Upon Permit Completion or Expiration. Properties where a permit is issued to conduct land
disturbing activities that do not require the issuance of a certificate of occupancy or the approval of a final
plat, or said activities as authorized are completed or the permit expires, shall comply with the tree density
standard of this section as follows:
1. Clearing, Clearing and Grubbing, or Grading Only Permits. Replacement trees proposed to be planted
to achieve the tree density standard of this section which is not planted upon completion or prior to
expiration of a clearing, clearing and grubbing, or grading permit, shall be planted within thirty (30)
days of the completion or expiration of said permit unless a performance bond is posted with the
community development department.
2. Development Permits. Replacement trees proposed to be planted to achieve the tree density standard
of this section which is not planted upon completion or prior to expiration of a land disturbance
permit, development permit, or building permit, shall be planted within thirty (30) days of the
completion or expiration of said permit unless a performance bond is posted with the community
development department.

3.9.4 Continuing maintenance.
A. The owner, occupant, tenant, and respective agent of each, if any, shall be jointly and severally responsible
for the perpetual maintenance and protection of buffers and landscape plantings required by this section.
B. The community development department is hereby authorized to order diseased, infested, dying, dead or
damaged landscaping required herein to be replaced.
C. Buffers that, over a period of time, lose their screening ability shall be replanted to meet the requirements of
this section.
D. Replacement trees and landscaping shall be in accordance with the applicable provisions of this section.

13.10 Enforcement.
It shall be the duty of the director or his/her designee to enforce this tree protection ordinance. The director
or his/her designee shall have the authority to revoke, suspend or void any clearing, clearing and grubbing,
grading, land disturbance permit, development permit or building permit or to withhold issuance of a certificate of
occupancy, and shall have the authority to suspend all work on a site or portion thereof in order to effect
compliance with this section.
A. Violation and Penalty. Any person violating provisions of this article shall be guilty of violating this duly
adopted article of the city, and upon conviction by a court of competent jurisdiction, may be punished
either by a fine not to exceed one thousand dollars ($1,000.00), or confinement in the city jail not to
exceed sixty (60) days, or both. Each day of non-compliance shall constitute a separate offense. The

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court shall have the power and authority to place any person found guilty of a violation of this article
on probation and to suspend or modify any fine or sentence. As a condition of said suspension, the
court may require payment of restitution or impose other punishment allowed by law which may
include mandatory attendance at an educational program regarding tree preservation. The owner of
any property wherein a violation exists, and any builder, contractor, or agent, who may have assisted in
the commission of any such violation, shall each be guilty of a separate offense. Each tree removed,
damaged or killed in violation of this section shall be considered a separate offense.
B. Any trees eight (8) inches (DBH) and over which have been removed in violation of this section shall be
replaced by the violator with four-inch caliper replacement trees equal to the unit value of the trees
removed. However, any specimen tree removed from a parcel shall be replaced with four-inch caliper
trees one and one-half (1.5) times the equivalent inches (DBH) of replacement trees or existing trees in
excess of the requirements in Section 14.6, Tree Preservation and Replacement Requirements, using
species with potentials for comparable size and quality at maturity.
C. Appeals. The city council shall have the power and duty to hear and decide appeals where it is alleged
by an aggrieved party that there is error in any final order, requirement, or decision made by the
director or his/her designee based on or made in the enforcement of the tree protection ordinance. All
such appeals shall be heard and decided following the notice requirements, criteria, and procedural
requirements in Title 12, Zoning, Chapter 10, Variances, Administrative Variances, and Administrative
Appeals.

13.11 Appendix A.
Appendix A is not definitive. These trees are simply provided as acceptable, without question. Other, non-
invasive trees without known disease or growth concerns will also be accepted for planting. Invasive species,
species susceptible to blight, disease, or devastating infestation, or that have known growth habit and/or
structural conditions that limit the life expectancy or create hazards with age, will not be accepted.
City of Stockbridge Overstory Trees Acceptable for Replanting Credits
Scientific Name Common Name Recommended Leaf Habit
Acer rubrum Red Maple October Glory, Red Deciduous
Sunset
Betula nigra Riverbirch Duraheat Deciduous
Carpinus betuals European Hornbeam Deciduous
Carya aquatica Water Hickory Availability Deciduous
Carya cordiformis Bittemut Hickory Availability Deciduous
Carya glabra Pignut Hickory Availability Deciduous
Carya illinoensis Pecan Deciduous
Carya tomentosa Mockernut Hickory Availability Deciduous
Cedrus atlantica Atlas Cedar Evergreen
Cedrus libani Cedar of Lebanon Evergreen
Cedrus deodara Deodar Cedar Evergreen
Cryptomeria japonica Japanese Cryptomeria Evergreen
Fagus grandifolia American Beech Deciduous
Fraxinus tomentosa Pumpkin Ash Deciduous
Gingko biloba Gingko Plant male only. Autumn Deciduous
Bold, Fairmont
Ilex opaca American Holly Evergreen
Juniperus virginiana Red Cedar Brodie Evergreen

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Liquidambar styraciflua Sweetgum Limited Use— Deciduous
Rotundiloba (Avail.)
Liriodendron tulipifera Tulip Poplar Limited Use Deciduous
Magnolia acuminata Cucumbertree Deciduous
Magnolia grandiflora Southern Magnolia Bracken's Brown Beauty, Evergreen
Greenback
Magnolia virginiana Sweetbay Magnolia Deciduous
Metasequoia Dawn Redwood Limited Use Deciduous
glyptostroboides
Nyssa sylvatica Black Gum Deciduous
Pinus echinata Shortleaf Pine Evergreen
Pinus taeda Loblolly Pine Evergreen
Platanus occidentalis Sycamore Deciduous
Quercus acutissima Sawtooth Oak Deciduous
Quercus alba White Oak Deciduous
Quercus bicolor Swamp White Oak
Quercus coccinea Scarlet Oak Deciduous
Quercus falcata Southern Red Oak Deciduous
Quercus georgiana Georgia Oak Deciduous
Quercus imbricaria Shingle Oak Deciduous
Quercus lyrata Overcup Oak Deciduous
Quercus laurifolia Laurel Oak Deciduous
Quercus michauxii Swamp Chestnut Oak Deciduous
Quercus macrocarpa Bur Oak Deciduous
Quercus nigra Water Oak Deciduous
Quercus nuttalli Nuttall Oak Deciduous
Quercus phellos Willow Oak Deciduous
Quercus prinus Chestnut Oak Availability Deciduous
Quercus rubra Northern Red Oak Deciduous
Quercus shumardii Shumard Red Oak Deciduous
Quercus stellata Post Oak Deciduous
Quercus velutina Black Oak Deciduous
Taxoduim distichum Bald Cypress Shawnee Brave Deciduous
Tilia spp. Linden Deciduous
Thuja × 'Green Giant' Arborvitae 'Green Giant' Evergreen
Thuja plicata Giant (Western) Evergreen
Arborvitae
Ulmus americana American Elm Princeton and other Deciduous
resistant varieties
Ulmus parviflora Lacebark Elm Allee, Athena, Bosque Deciduous
Zelkova serrata Japanese Zelkova Green Vase Deciduous

City of Stockbridge Understory and Other Small Trees Acceptable for Replanting Credits
Scientific Name Common Name Recommended Leaf Habit
Acer barbatum Florida Maple Deciduous

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Acer buergeranum Trident Maple Street Wise Deciduous
Acer campestre Hedge Maple Deciduous
Acer leucoderme Chalk Maple Deciduous
Acer palmatum Japanese Maple Deciduous
Acer saccharum Sugar Maple Deciduous
Aesculus pavia Red Buckeye Deciduous
Alnus serrulata Alder Deciduous
Amelanchier x grandiflora Serviceberry Princess Diana, Autumn Deciduous
Brilliance
Aralia spinosa Devils Walking Stick Deciduous
Betula nigra River Birch Little King Deciduous
Carpinus caroliniana American Hornbeam Deciduous
Castanea pumila Chinkapin Deciduous
Celtis tenulfolia Georgia Hackberry Deciduous
Celtis laevigata Sugarberry Deciduous
Cercidiphyllum japonicum Katsura Tree Deciduous
Cercis canadensis Eastern Redbud Deciduous
Cercis reniformis Redbud Oklahoma
Chioanthus retusus Chinese Fringetree Deciduous
Chioanthus virginicus White Fringetree Deciduous
Cladrastis kentukea Yellowwood Deciduous
Cornus spp. Dogwood Florida and Kousa crosses Deciduous
Cornus florida Flowering Dogwood Aurora Deciduous
Cornus kousa Kousa Dogwood Deciduous
Crataegus spp. Hawthorn Thornless cultivars Deciduous
Crataegus phaenopyrum Washington Hawthorn Deciduous
Diospyros virginiana Persimmon Deciduous
Halesia carolina Silverbell Deciduous
Halesia diptera Two Winged Silverbell Deciduous
Hamamelis virginiana Witch-hazel Deciduous
Ilex spp. Holly Burford, Carolina #2, Evergreen
Foster, Neillie R. Stevens,
Savannah, Yaupon
Ilex decidua Possumhaw Deciduous
Juniperus virginiana Red Cedar
Koelreuteria paniculata Golden Raintree Deciduous
Lagerstromia indica x Crape Myrtle Tree form cultivars Deciduous
faurieri disease resistant and
hardy, e.g., Choctaw,
Natchez
Magnolia grandiflora Southern Magnolia Alta, Bracken's Brown Evergreen
Beauty, Greenback,
Claudia Wannamaker
Magnolia x loebneri Loebner Magnolia Merrill Deciduous
Magnolia macrophylla Bigleaf Magnolia Deciduous
Magnolia soulangiana Saucer Magnolia Deciduous
Magnolia stellata Star Magnolia Star Man

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Magnolia tripetala Umbrella Magnolia Deciduous
Magnolia virginiana Sweetbay Magnolia Evergreen
Malnus floribunda Japanese Flowering Deciduous
Crabapple
Myrica cerifera Waxmyrtle Evergreen
Osmanthus americanus Devilwood Evergreen
Ostrya virginiana Eastern Hophombeam Deciduous
Oxydendrum arboreurn. Sourwood Deciduous
Pinus Virginiana Virginia Pine Slopes, Screen Evergreen
Pistacia chinesis Chinese Pistache Deciduous
Prunus spp. Okame, Autumnalis Deciduous
Sassafras albidurn Sassafras Deciduous
Styrax americana Snowbell Deciduous
Ulmus alata Winged Elm Deciduous
Vaccinium arboreurn Sparkleberry Evergreen

City of Stockbridge Recommended Trees for Under Powerlines
Scientific Name Common Name Recommended
Acer buergeranum Trident Maple
Acer palmatum Japanese Maple
Cercis candensis Redbud
Chionanthus retusus Chinese Fringetree
Chionanthus virginicus White Fringetree
Cornus spp. Dogwood Florida and Kousa crosses
Cornus florida Flowering Dogwood Disease resistant varieties, Aurora
Cornus kousa Kousa Dogwood
Crataegus phaenopyrum Washington Hawthorn
Ilex spp. Holly Nellie R. Stevens, tree form
Burford, Yaupon
Koelreuteria paniculata Golden Raintree
Magnolia x loebneri Loebner Magnolia Merrill
Magnolia soulangiana Saucer Magnolia
Magnolia stellata Star Magnolia Star Man
Oxydendrum arboreum Sourwood
Prunus spp. Okame, Autumnalis

Chapter 14 SUBDIVISIONS

14.1 Subdivision plat process.
These regulations shall govern the subdivision of all land within the incorporated area of the city.

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A. Any owner of land within such jurisdiction wishing to subdivide land shall submit to the planning
commission a plat of the subdivision which shall conform to all requirements set forth in these
regulations.
B. No plat of a subdivision lying within such territory or part thereof, shall be recorded in the office of the
clerk of the superior court of Henry County and no subdivider shall proceed with the improvement of
lots in a subdivision until such subdivision plat shall have been approved by the planning commission
with such approval entered in writing on the plat by the chairman of the planning commission and then
submitted to the mayor and council for review.

14.2 Review and approval authority.
A. The community development department, the public works department, and the fire marshal shall have the
authority to review and approve subdivision plat required by this chapter consistent with these provisions.
B. Neither the director, city engineer, and/or fire marshal shall have the authority to waive any requirement of
this Code in the review of subdivision plat.
C. The procedure for the review of proposed amendments or revisions to previously approved subdivision plat
shall follow the process for the initial approval of subdivision plat outlined below.

14.3 Pre-application review.
A. Prior to the preparation of the subdivision plat, the subdivider shall prepare sketch plans and general
subdivision proposals. He or his agent shall then confer informally with the director regarding the suitability
of the plans.
B. The purpose of this review is to acquaint the subdivider with plans and policies that might be significant to
his proposed development.
C. Upon receiving favorable consideration, the subdivider may then proceed to prepare the preliminary plat for
submission to the planning commission.

14.4 Approval of preliminary plat.
A. Application. Upon gaining approval through the pre-application review regarding the general program and
objectives, the subdivider shall cause to be prepared a preliminary plat, together with other supplementary
material as deemed necessary by the director.
1. The preliminary plat shall show all existing conditions required below and shall show all existing
conditions and all proposals, including the following:
a. Proposed name of subdivision.
b. Name and address of owner of record.
c. Name, address and telephone number of subdivider.
d. Date of survey, date of plat drawing, north point and graphic scale.
e. Location (land district and land lot), and acreage.
f. Number of residential lots and typical lot sizes.
g. A vicinity map indicating streets and highways, land lot lines, railroads and other significant
features, within one (1) mile of the proposed subdivision, drawn at a scale sufficient to show the
information required.

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h. Exact boundary lines of the trace, giving lengths, bearings and present zoning.
i. Unit divisions or stage development, if any, proposed by the subdivider.
j. Contour lines based on sea level datum and drawn at intervals not greater than ten (10) feet. The
source of the topographic contours shown shall be specified.
k. Natural features within the proposed subdivision, including drainage channels, bodies of water
and other significant features. On all watercourses the direction of flow shall be indicated.
l. Cultural features within the proposed subdivision, including street names, rights-of-way and
pavement widths; easements; bridges; culverts; utility lines and structures; buildings; city and
county lines; land lot lines; and such other information as the subdivider may desire.
m. Proposed subdivision layout, including: Street names, central angles of street intersections,
approximate street grades, street surface widths; lot lines with dimensions, lot number, block
letters; building setback lines with dimensions; sites to be reserved, developed or dedicated for
public uses or for nonpublic uses exclusive of single-family dwellings.
n. Location and results of percolation tests for any lots which will not be served by a public sewage
system, as required by the county health department.
o. Location and size of all proposed drainage structures, including catch basins, curbs, gutters,
grates and headwalls.
p. Location of all proposed sanitary and storm sewer lines or improvements and any easements
required with sufficient dimensions to location same on the ground.
q. Location and description of all proposed monuments and pins.
B. Review Process. The application shall be approved by the following divisions: Community development,
public works department, and fire marshal.

14.5 Small subdivision exemption.
The preceding provisions of this section may be waived and a shortened procedure initiated in the case of a
subdivision of five (5) lots or less, and the subdivider may submit an application for final plat approval, without
submitting a preliminary plat, provided:
1. Each lot in the proposed subdivision abuts an existing public street;
2. The proposed subdivision will not affect any major alterations of utility installations, or other existing
or proposed public facilities; and
3. The application for final plat approval meets all the applicable procedural, design and other
requirements of these regulations.
A subdivider intending to use this short-cut method shall first consult with the director or his agent,
supplying sufficient information to assure that the specified conditions will be met.

14.6 Approval of final plat.
A. Application. Once the land disturbance process has be completed, the subdivider shall cause to be prepared
a final plat, together with other supplementary material as deemed necessary by the director. The following
shall be provided at the time of the application:

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1. The final plat shall conform substantially to the preliminary plat; it may, however, represent only that
portion of the approved preliminary plat which the subdivider proposes to develop and record at any
one (1) time, provided that such portion conforms to the requirements of these regulations.
2. The final plat shall be labeled "Final Plat" and contain the following information:
a. Name of subdivision.
b. Graphic scale, north arrow with reference of bearings to magnetic, true or grid north, and date of
survey.
c. Location of tract (land lot and land district) and acreage.
d. All dimensions accurate to the nearest one-tenth (0.1) of a foot and all angles accurate to the
nearest minute.
e. Sufficient data to determine readily and reproduce on the ground the location, bearing, and
length of every street line, lot line, boundary line, and building line whether curved or straight.
This shall include, but not be limited to, the radium, length of arc, internal angles and tangent
distance for the center line of curved streets.
f. Exact locations, right-of-way widths, and names of all streets and alleys within and immediately
adjoining the plat along with street center lines.
g. Street intersection angles and street pavement widths.
h. Building setback lines with dimensions.
i. Blocks lettered alphabetically with lots and sites numbered in numerical order.
j. Location, dimensions and purpose of: Easements, public service utility rights-of-way lines; areas
(other than streets) to be reserved, donated, or dedicated to public use; and sites to be used for
other than single-family residences.
k. Location and size of all drainage structures, including catch basins, curbs, gutters, grates and
headwalls.
l. Location, material and description of all monuments and pins, including street markers.
m. Certification that the applicant is the land owner and dedicates streets, rights-of-way and any
sites for public use.
n. Certification by the appropriate authorities for roads, water, sewers, and health that the
subdivider has complied with one (1) of the following alternatives:
i. All improvements have been installed in accordance with their requirements;
ii. A performance bond has been posted in sufficient amount to assure completion of all
required improvements; or
iii. Other guarantees of satisfactory completion of required improvements have been
accepted with their conditions specified in the certification.
o. Space for the approval of the planning commission.
p. Space for the acceptance of the mayor and council.
q. Protective covenants, if any, shall be shown on the plat.
r. Other data may be required by the Stockbridge planning commission in the enforcement of these
regulations. This data may include final engineering design reports on proposed improvements,

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or other certificates, affidavits, endorsements, or dedications necessary to support the intent of
these regulations.
B. Review Process. The application shall be approved by the following divisions: The community development
department, the public works department, fire marshal, and planning commission.

14.7 Recording.
It shall be the responsibility of the subdivider to send the approved final plat to the clerk of superior court of
Clayton County to be recorded with new number for land.

14.8 Requirements regarding ownership and management of open space.
A. Where open space is required in a proposed development, the open space shall be protected in perpetuity
by a binding legal instrument that is recorded with the deed. If the entity accepting an easement is not the
City of Stockbridge, then a right of enforcement favoring the city shall be included in the easement. The
instrument shall be one (1) of the following:
1. A permanent conservation easement in favor of either paragraph a. or b., below:
a. A land trust or similar conservation-oriented nonprofit organization with legal authority to accept
such easements. The organization shall be bona fide and in perpetual existence. The conveyance
instruments shall contain an appropriate provision for retransfer in the event the organization
becomes unable to carry out its functions; or
b. A governmental entity that will ensure perpetual management of the open space.
2. A permanent restrictive covenant, recorded on the final plat in favor of the City of Stockbridge.
3. An equivalent legal tool that provides permanent protection, if approved by the mayor and city council.
B. The legal instrument for permanent protection shall include clear restrictions on the use of the open space.
The restrictions shall include all required by this unified development code.
C. Open space may be owned by a homeowners' or property owners' association. Where such association is
established and authorized to own the protected open space, membership in the association shall be
mandatory for all owners and their successors within the development containing the protected open space.
The association shall be responsible for managing and maintaining the open space and any structures located
within the open space.
D. A plan setting forth the requirements and procedures to be followed in order to manage the land and
vegetation on the land.

14.9 Amenity package requirements.
A. Subdivisions with over three hundred (300) lots must include a pool facility, clubhouse, pocket park of at
least two thousand (2,000) square feet, and at least two (2) of the following:
1. Playground.
2. Dog park.
3. Tennis court.
4. Basketball court.
5. Walking trail.

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6. Fitness center.
7. Picnic area with grill and covered pavilion.
8. Community garden and reflection area.
9. Fire pit and gathering area.
10. Any other amenity approved by the director of community development.
B. Subdivisions with over one hundred fifty (150) lots must include a community clubhouse and at least three
(3) of the following:
1. Pool facility.
2. Playground.
3. Dog park.
4. Tennis court.
5. Basketball court.
6. Walking trail.
7. Fitness center.
8. Picnic area with grill and covered pavilion.
9. Community garden and reflection area.
10. Fire pit and gathering area.
11. Any other amenity approved by the director of community development.
C. Subdivisions with over one hundred (100) lots must include a pocket park of at least two thousand (2,000)
square feet and at least two (2) of the following:
1. Pool facility.
2. Clubhouse.
3. Playground.
4. Dog park.
5. Tennis court.
6. Basketball court.
7. Walking trail.
8. Fitness center.
9. Picnic area with grill and covered pavilion.
10. Community garden and reflection area.
11. Fire pit and gathering area.
12. Any other amenity approved by the director of community development.
D. Final approval subject to community development director review and approval.

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14.10 Street light requirements.
A. All streets and roadways that are constructed in residential, commercial or industrial areas shall include
street lights, lampposts, or similar devices sufficient to illuminate all the street and walk area at night so as to
permit safe passage by vehicles and pedestrians.
B. The location, arrangement, type, and number of street lights shall be considered in relation to existing and
planned streets, topographical conditions, public safety and convenience, and proposed use of land to be
served by the rights-of-way. The standards approved by the American National Standard Practice for
Roadway Lighting, as sponsored by the Illuminating Engineering Society and approved by the American
Standards Association on July 11, 1973, as amended, shall also be considered.
C. All street lights installed under this section shall be dedicated by the subdivider to the city or property
owners association, as applicable, unless this requirement is expressly waived by the mayor and city council.

14.11 Private road requirements.
A. All private streets and roadways constructed in residential, commercial or industrial areas shall conform to
the minimum improvement standards otherwise applicable to public streets and roadways found in the city's
unified development code, as applicable.
B. No private streets or roadways shall be platted in any subdivision without the express consent of the mayor
and city council.

14.12 Detention design requirements.
A. Generally.
1. All stormwater detention design calculations shall be certified by a professional engineer currently
registered in the State of Georgia.
2. All stormwater detention facilities shall be designed to control the peak flow rates associated with
storms having two-year, five-year, ten-year, twenty-five-year, fifty-year, and one hundred-year storm
frequencies.
3. A variety of methods of achieving stormwater management goals shall be acceptable in providing
detention facilities. The type of facility provided shall be based on the following criteria:
a. The type of development which the detention facility is being provided;
b. The type of development which the detention facility is intended to protect;
c. Volume of stormwater to be stored;
d. Origin and magnitude of the flows to be managed;
e. Topographic opportunities and limitations;
f. Safety considerations;
g. Maintenance requirements;
h. Aesthetic considerations;
i. Likelihood of facility operation interfering with access to public or private facilities;
j. Proximity of facility to property lines, utilities, buffers, etc.; and

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k. Similar site-specific constraints.
4. Detention facilities may be of any of the following types, and two (2) or more types may be used in
combination with one another:
a. Normally-dry basins, whether excavated or created by damming a natural drainage feature, or a
combination of both methods;
b. Lakes and ponds, whether excavated or created by damming a natural drainage feature, or a
combination of both methods;
c. Parking lot facilities;
d. Underground facilities;
e. Rooftop facilities.
5. Plans, specifications and computations must be complete in detail sufficient to enable another
engineer to fully check and verify the results and computations. The plans used for construction must
contain basic design data, a project narrative, schedule of construction, name and address of person
responsible for construction, the engineer's seal or stamp, signature and address and engineering
drawings required for the project construction.
a. The detention facility shall be provided with an overflow device or emergency spillway to
accommodate the one hundred-year frequency storm in the event the outflow control structure
becomes obstructed with debris.
b. The configuration of the detention facility, outflow and overflow control devices shall be clearly
depicted in plan and cross-section on the construction drawings.
c. Graded access easement, (maximum six percent (6%) grade) around all detention ponds in areas
inaccessible to vehicular traffic.
d. Temporary sediment basins shall he designed and shown at all detention sites and all major
drainage exits. The detention facility shall be designed to provide temporary silt protection.
e. Underground detention facilities will require details that provide:
i. The location and type of access protection for the detention facility;
ii. An outline of maintenance procedures to be filed with the county;
iii. Safety requirements as specified by the county for the site.
B. As Constructed Certification of Detention Pond. After construction and before acceptance for occupation or
otherwise the engineer shall submit a certified field run topographic map of the detention area and a revised
hydrology study using the as-built topographic map to verify that the required detention storage and outflow
rates are being provided.
C. Detention Pond Fencing. When a detention structure is over four (4) feet deep or in a location that
constitutes a danger to human habitation, it shall be protected by a permanent fence or barrier and warning
signs. Fences shall be five-foot high chain link or other approved material with a ten-foot-wide gate. Fences
shall be located on the outside edge of the twenty-foot perimeter easement.
D. Detention Pond and Drainage Easements. Drainage easements suitable for the construction and
maintenance of the drainage system shall be provided. No fences shall be built that would inhibit proper
function of the drainage system. All subdivision lots shall have a ten-foot drainage easement along all side lot
lines. All detention facilities shall be accessible from a public street by a minimum thirty-foot graveled
easement, which easement shall also be available to the city, and there shall be an easement for the
detention facility, including twenty (20) feet around the outside perimeter of the facility. No fences or

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planting of shrubbery shall be allowed on the access easement. The easement providing access to the city for
maintenance shall appear on the final plat for subdivision approval.

14.13 Maintenance of detention facilities.
A. The titleholder to the property at the time of development of property for residential, commercial or
industrial purposes shall have the duty, responsibility and liability for the operation and maintenance of all
detention facilities and ponds that serve the development. Operation and maintenance shall be conducted
according to all other applicable city code provisions existing as of the date hereof and as subsequently
amended by the city.
Upon the expiration of the maintenance bond posted for the facilities, residential facilities may be
transferred to a homeowner's association that is validly existing under the laws of the State of Georgia that has the
legal ability to assess and collect fees for the maintenance of the facilities. Thereafter, the homeowner's
association shall be responsible for the payment of all costs that are incurred for the maintenance of the facility
according to the ordinances of the city.
The property upon which the facilities are located cannot be included in the description of any lot located in
a residential subdivision. Detention ponds and facilities that are located on commercial and industrial properties
shall follow the title to the property upon which such facilities are located, and the owner of the property, after
the expiration of the maintenance bond, shall be fully liable and responsible for the maintenance of the facilities.
B. The city shall have a perpetual nonexclusive easement over and across all access easements to the detention
ponds and facilities, together with a nonexclusive easement over, above, under and through the detention
pond and facilities for the purpose of the operation and maintenance of such facilities.
C. In the event the owner of the detention facility fails to maintain the facility as required by the city Code, the
city shall have the right to call upon the maintenance bond if the same is still in existence to pay for any costs
incurred for the operation, maintenance, repair, removal or reconstruction of the facilities. In the event that
the maintenance bond has expired, the city shall give notice to the property owner or owners who are
served by the facilities to make the necessary repairs thereof, giving them a specific date in which the
maintenance and repairs of the facilities are to commence and to be completed. In the event the property
owner fails to commence and/or complete the facilities within the time specified in the notice, the city shall
have the right and authority to enter upon the property to operate, maintain and repair the facilities. The
titleholders of the facilities and the properties serviced by the facilities shall be responsible for the
reimbursement of all costs incurred by the city for the operation, maintenance and repair of the facilities.
The city shall be authorized to protect its interest by filing a lien upon all properties being served by the
facilities and to enforce the liens through the collection of additional fees from the property owners being
served by the facilities.

14.14 Stormwater facilities plat requirements.
A. The property upon which the stormwater facilities are located cannot be included in the description of any
lot located in a residential subdivision. Detention ponds and facilities that are located on commercial and
industrial properties shall follow the title to the property upon which such facilities are located, and the
owner of such property, after the expiration of the maintenance bond, shall be fully liable and responsible
for the maintenance of such facilities, while residential facilities may be transferred to a homeowner's
association that is validly existing under the laws of the State of Georgia where such entity has the legal
ability to assess and collect fees for the maintenance of those facilities.
In the event of such a transfer, the homeowner's association shall be responsible for the payment of all costs
that are incurred for the maintenance of the facility according to the ordinances of the city.

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B. The city shall have a perpetual nonexclusive easement over and across all access easements to the detention
ponds and facilities, together with a nonexclusive easement over, above, under and through the detention
pond and facilities for the purpose of the operation and maintenance of such facilities.
C. In order to facilitate the maintenance and inspections contemplate by this section, it shall be required that
all final plats submitted to the county for review shall include an unencumbered nonexclusive easement
from an existing public roadway to any stormwater detention structure or pond. Those easements shall be
identified upon the final plat. The access easement shall be a minimum of thirty (30) feet in width and shall
be at least graveled to accommodate the equipment necessary to clean and maintain both the easement and
the structure or pond.

14.15 Requirement of as-built drawings.
After completion of the physical development of the subdivision, the developer shall contact the building
department for a checklist that specifies the procedure in obtaining the various approvals from county
departments which will release the subdivision for final plat consideration. As part of this process, the
developer/subdivider shall submit a final plat and as-built drawings, including those for sewer, water, detention
ponds and stormwater systems, and roads. As-built drawings shall be submitted in electronic form in a format to
be determined by the city. The developer shall also be responsible for providing an electronic copy of as-built
water and sewer system drawings to the Henry County Water and Sewerage Authority.

Chapter 15 ENVIRONMENTAL PROTECTION

15.1 Drinking water conservation requirements.

15.1.1 Purpose of provisions.
It is the purpose of this article to require the use of ultra-low flow plumbing fixtures in all new construction,
or when replacing plumbing fixtures during renovation or remodeling of existing buildings and to require the
labeling of plumbing fixtures with information regarding flow rates for the purpose of conserving water to
maintain the integrity of drinking water supplies and reduce wastewater flows.

15.1.2 Definitions.
As used in this article:
"Commercial building" means any type of building other than single-family and two-family residential.
"Construction" means the erection of a new building or the alteration of an existing building in connection
with its repair or renovation or in connection with making an addition to an existing building, and shall include the
replacement of a malfunctioning, unserviceable, or obsolete faucet, showerhead, toilet, or urinal in an existing
building.
"Persons" means any individual, corporation, partnership, or legal entity.
"Plumbing fixtures" means any toilet, urinal, showerhead, bathroom, lavatory, and kitchen faucet, and
replacement aerators.
"Residential building" means any building or unit of a building intended for occupancy as a dwelling but shall
not include a hotel or motel.

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"Toilet" means any fixture consisting of a water flushed bowl with a seat, used for the disposal of human
waste.
"Urinal" means any fixture consisting of a water-flushed bowl used for the disposal of human waste.

15.1.3 Fixture specifications and installation standards.
No plumbing fixture shall be installed which does not meet the standards listed in subsection A. of this
section. This includes all plumbing fixtures installed in newly constructed buildings or when replacing plumbing
fixtures during remodeling or renovation of existing buildings, except as noted in legally nonconforming cases:
A. All plumbing fixtures installed as referred to above should not exceed the following maximum water
use rates:
1. Toilets: One and six-tenths (1.6) gallons per flush;
2. Urinals: One (1) gallon per flush;
3. Showerheads: Two and one-half (2.5) gallons per minute;
4. Kitchen faucets: Two and one-half (2.5) gallons per minute; and
5. Bathroom and lavatory faucets: Two (2) gallons per minute.
B. The flow-restriction device in a showerhead must be a permanent and an integral part of the
showerhead and must not be removable to allow flow rates in excess of that stated in Subsection A. of
this section.
C. Lavatory faucets located in restrooms intended for use by the general public shall be of the metering or
self-closing type, in addition to the flow requirement listed in Subsection A. of this section.

15.1.4 Product labeling specifications.
Effective July 1, 1991, all toilets, urinals, showerheads, or faucets shall be clearly labeled by the manufacturer
to indicate the maximum flow rate or water usage of the fixture. The water-use rate of the fixture shall be certified
by the manufacturer based on independent test results and using sixty (60) psi for showerheads. The label shall be
affixed to the fixture and remain there until the proper building and/or plumbing inspections have been
conducted. Also, the product packaging must be clearly marked to identify water use rates when offered for retail
sale.

15.1.5 Exceptions.
A. The following fixture uses or applications shall be exempt from the standards:
1. Showers and faucets installed for safety purposes, such as emergency eye-wash stations, etc.;
2. Plumbing fixtures specifically designed for use by the physically handicapped;
3. Fixtures specifically designed to withstand unusual abuse or for installation in correctional institutions,
which may require more water for proper operation; and
4. Instances of building renovation where significant plumbing modifications would be required to
accommodate the lower flows or for specialized purposes which cannot be accommodated by existing
technology.
B. Permission for the exceptions listed here must be obtained from the director of public works or their
designee.

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15.1.6 Compliance and enforcement.
A. The City of Stockbridge municipal court shall have jurisdiction to hear all cases involving an alleged violation
of this article.
B. In addition to the penalties set forth in Subsection 15.1.7, the director may take such other action as
described below to compel compliance and may maintain an action or proceeding in municipal court or any
court of competent jurisdiction to compel compliance with or restrain any violation of this article.
C. Compliance with the requirements for installation and labeling at the time of installation shall be determined
by the director of public works or their designee or his/her agent in cases of new or replacement plumbing
fixture installations, and compliance shall be a condition for receipt of any occupancy permit.
D. Compliance with the requirements in Subsection 15.1.4, regarding the labeling of plumbing fixtures offered
for retail sale, shall be determined by the director of public works or their designee. The director or his/her
agent shall have access to all establishments which offer for retail sale or sell plumbing fixtures at retail for
purposes of determining compliance with Subsection 15.1.4.

15.1.7 Violation—Penalty.
A. Any person who violates any provision of this chapter shall be subject to a fine not to exceed five hundred
dollars ($500.00) for each violation. Each violation shall constitute a separate offense and each day that such
violation continues shall constitute a separate offense.
B. Any person who violates any provision of this article and holds a business license which authorizes the
construction, installation, repair, distribution, sale, or maintenance of such plumbing fixtures may have their
license suspended for a definite period or canceled. The time of suspension or cancellation will be
determined by the municipal court judge.
C. Any person who violates the provisions of this article may be denied water and sewer services or have their
water and sewer services terminated. Such water and sewer services can be terminated by an order from the
municipal court judge.

15.2 Recycling of water at commercial carwash facilities.

15.2.1 General provision.
The purpose of this section is to reduce water consumption from commercial car wash facilities by requiring
all new conveyor car washes to install operational recycled water systems.

15.2.2 Applicability.
A. This section applies to all new conveyor car washes permitted and constructed after January 1, 2011,
regardless of the water source.
B. The provisions of this section do not apply to conveyor commercial car washes that were permitted or
constructed before January 1, 2011.
C. The provisions of this section do not apply to self-service car washes or in-bay car washes.
D. Commercial Car Wash Water Recycling Requirement. All new commercial conveyor car washes, permitted
and constructed after January 1, 2011 must install operational recycled water systems. A minimum of fifty
percent (50%) of water utilized will be recycled.

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15.2.3 Definitions.
The following words and phrases, whenever used in this section, have the meaning defined in this section:
"Conveyor car wash" means a commercial car wash where the car moves through the building tunnel on a
conveyor belt during the wash. The driver of the vehicle can remain in the vehicle or wait outside of the vehicle.
"In-bay automatic car wash" means a commercial car wash where the driver pulls into the bay and parks the
car. The vehicle remains stationary while a machine moves back and forth over the vehicle to clean it, instead of
the vehicle moving through the tunnel.
"Recycled water system" means a water system that captures and reuses water previously used in wash or
rinse cycles.
"Self-service car wash" means a commercial car wash where the customers wash their cars themselves with
spray wands and brushes.

15.2.4 Water waste.
A. The following uses are a waste or unreasonable use or method of use of water and are prohibited:
1. Allowing water to escape from any premises onto public right-of-way, such as streets and sidewalks, or
upon any other person's property.
2. Operating an irrigation system or other lawn or landscaping watering device during rain.
3. Operating an irrigation system or other lawn or landscaping watering device that has any broken or
missing sprinkler heads.
4. Failing to repair a controllable leak, including a broken sprinkler head, or a leaking valve, or a leaking
outdoor faucet, or a service line leak, or any other visible outside water leaks, on premises owned,
leased, or managed by that person, within thirty (30) days.
5. Washing any vehicle with a hose and not having a water shut-off nozzle or allowing water to run
continuously from a hose while washing any vehicle is also prohibited.
B. The restrictions in this policy or section do not apply to the following authorized uses:
1. Flow resulting from firefighting or routine inspection of fire hydrants or from fire training activities.
2. Water applied as a dust control measure, as required by erosion and sedimentation rules.
3. Water applied to abate spills of flammable or otherwise hazardous materials, where water is the
appropriate methodology.
4. Water applied to prevent or abate health, safety, or accident hazards when alternate methods are not
available.
5. Water used for construction or maintenance activities where the application of water is appropriate
methodology and where no other practical alternative exists.
6. Water used for power-washing hard surfaces to alleviate safety or sanitary hazards, unless prohibited
by drought restrictions.
7. Mobile car washes when approval or a special use permit is obtained from the city.
8. Emptying of swimming pools for maintenance when proper local rules are followed.

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C. If it is found that there is a waste of water in or about any premises to which water is supplied from the city
water system, either by willful waste or by means of a leak in any water pipe or fixture located in or upon the
premises, the city may cause the water to be cut off from the premises upon reasonable notice to the
occupant, unless special circumstances require that such waste shall be immediately stopped. Where the
water supply is cut off as herein provided, the water shall not again be turned on until all water bills and the
bill for the cost of cutting off and again turning on the water shall have been paid.

15.3 Outdoor watering.

15.3.1 Restriction on outdoor watering of landscape.
Outdoor watering for purposes of planting, growing, managing, or maintaining ground cover, trees, shrubs,
or other plants may occur only between the hours of 4:00 p.m. and 10:00 a.m.; provided, however, that this
limitation shall not create any limitation upon the following outdoor water uses:
A. Commercial raising, harvesting, or storing of crops; feeding, breeding, or managing livestock or poultry;
the commercial production or storing of feed for use in the production of livestock, including, but not
limited to, cattle, calves, swine, hogs, goats, sheep, and rabbits, or for use in the production of poultry,
including, but not limited to, chickens, hens, ratites, and turkeys; producing plants, trees, fowl, or
animals; or the commercial production of aquacultural, horticultural, dairy, livestock, poultry, eggs, and
apiarian products or as otherwise defined in O.C.G.A. § 1-3-3;
B. Capture and reuse of cooling system condensate or storm water in compliance with any applicable city
ordinances and State guidelines;
C. Reuse of gray water in compliance with O.C.G.A. § 31-3-5.2 and applicable local board of health
regulations;
D. Use of reclaimed wastewater by a designated user from a system permitted by the Environmental
Protection Division of the Georgia Department of Natural Resources to provide reclaimed waste water;
E. Watering personal food gardens;
F. Watering new and replanted plant, seed, or turf in landscapes, golf courses, or sports turf fields during
installation and for a period of thirty (30) days immediately following the date of installation;
G. Drip irrigation or irrigation using soaker hoses;
H. Hand watering with a hose with automatic cutoff or handheld container;
I. Use of water withdrawn from private water wells or surface water by an owner or operator of property
if such well or surface water is on said property;
J. Watering horticultural crops held for sale, resale, or installation;
K. Watering athletic fields, golf courses, or public turf grass recreational areas;
L. Installation, maintenance, or calibration of irrigation systems; or
M. Hydroseeding.

15.3.2 Enforcement.
A. No person shall use or allow the use of water in violation of the restrictions on outdoor water use contained
in Subsection 15.3.1.

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B. Code enforcement shall be the enforcement authority for this article. The code enforcement department
may authorize other departments as may be deemed necessary to support enforcement.
C. Criminal and alternative penalties. Any violation of this section may also be enforced by a citation or
accusation returnable to the municipal court or by any other legal means as set forth in this Code.

15.3.3 Stormwater facilities zoning and plat requirements.
A. The property upon which the stormwater facilities are located cannot be included in the description of any
lot located in a residential subdivision. Detention ponds and facilities that are located on commercial and
industrial properties shall follow the title to the property upon which such facilities are located, and the
owner of such property, after the expiration of the maintenance bond, shall be fully liable and responsible
for the maintenance of such facilities, while residential facilities may be transferred full liability to a
homeowner's association that is validly existing under the laws of the State of Georgia where such entity has
the legal ability to assess and collect fees for the maintenance of those facilities.
B. In the event of such a transfer, the homeowner's association shall be responsible for the payment of all costs
that are incurred for the maintenance of the facility according to the ordinances of the city.
C. The city shall have a perpetual nonexclusive easement over and across all access easements to the detention
ponds and facilities, together with a nonexclusive easement over, above, under and through the detention
pond and facilities for the purpose of the operation and maintenance of such facilities.
D. In order to facilitate the maintenance and inspections contemplate by this section, it shall be required that
all final plats submitted to the city for review shall include an unencumbered nonexclusive easement from an
existing public roadway to any stormwater detention structure or pond. Those easements shall be identified
upon the final plat. The access easement shall be a minimum of thirty (30) feet in width and shall be at least
graveled to accommodate the equipment necessary to clean and maintain both the easement and the
structure or pond.

15.4 Stream buffer protection.

15.4.1 Title.
The ordinance codified in this chapter shall be known as the "City of Stockbridge Stream Buffer Protection
Ordinance."

15.4.2 Findings and purposes.
A. Findings. Whereas, the city council of the City of Stockbridge finds that buffers adjacent to streams provide
numerous benefits including:
1. Protecting, restoring and maintaining the chemical, physical and biological integrity of streams and
their water resources;
2. Removing pollutants delivered in urban stormwater;
3. Reducing erosion and controlling sedimentation;
4. Protecting and stabilizing stream banks;
5. Providing for infiltration of stormwater runoff;
6. Maintaining base flow of streams;

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7. Contributing organic matter that is a source of food and energy for the aquatic ecosystem;
8. Providing tree canopy to shade streams and promote desirable aquatic habitat;
9. Providing riparian wildlife habitat;
10. Furnishing scenic value and recreational opportunity; and
11. Providing opportunities for the protection and restoration of greenspace.
B. Purposes. The purpose of this chapter is to protect the public health, safety, environment, and general
welfare; to minimize public and private losses due to erosion, siltation, and water pollution; and to maintain
stream water quality by provisions designed to:
1. Create buffer zones along the streams of the City of Stockbridge for the protection of water resources;
and
2. Minimize land development within such buffers by establishing buffer zone requirements and by
requiring authorization for any such activities.

15.4.3 Definitions.
"Buffer" means, with respect to a stream, a natural or enhanced vegetated area (established by this chapter),
lying adjacent to the stream.
"Impervious cover" means any manmade paved, hardened, or structural surface regardless of material.
Impervious cover includes, but is not limited to, rooftops, buildings, streets, roads, decks, swimming pools, and any
concrete or asphalt paving.
"Land development" means any land change, including, but not limited to, clearing, grubbing, stripping,
removal of vegetation, dredging, grading, excavating, transporting, and filling of land, and construction, paving,
and any other installation of impervious cover.
"Land development activity" means those actions or activities which comprise, facilitate, or result in land
development.
"Land disturbance" means any land or vegetation change, including, but not limited to, clearing, grubbing,
stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, that do not involve
construction, paving or any other installation of impervious cover.
"Land disturbance activity" means those actions or activities which comprise, facilitate, or result in land
disturbance.
"Floodplain" means any land area susceptible to flooding, which would have at least a one percent (1%)
probability of flooding occurrence in any calendar year based on the basin being fully developed as shown on the
current land use plan i.e., the regulatory flood.
"Parcel" means any plot, lot or acreage shown as a unit on the latest county tax assessment records.
"Permit" means the permit issued by the Henry County Community Development Department required for
undertaking any land development activity.
"Person" means any individual, partnership, firm, association, joint venture, public or private corporation,
trust, estate, commission, board, public or private institution, utility, cooperative, city, county, or other political
subdivision of the State, any interstate body, or any other legal entity.
"Protection area" or "stream protection area" means, with respect to a stream, the combined areas of all
required buffers and setbacks applicable to such stream.
"Riparian" means belonging or related to the bank of a river, stream, lake, pond, or impoundment.

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"Setback" means, with respect to a stream, the area established by this chapter extending beyond any buffer
applicable to the stream.
"Stream" means any stream, beginning at:
1. The location of a spring, seep, or groundwater outflow that sustains stream flow; or
2. A point in the stream channel with a drainage area of twenty-five (25) acres or more; or
3. Where evidence indicates the presence of a stream in a drainage area of other than twenty-five (25)
acres, the City of Stockbridge may require field studies to verify the existence of a stream.
"Stream bank" means the sloping land that contains the stream channel and the normal flows of the stream.
"Stream channel" means the portion of a watercourse that contains the base flow of the stream.
"Watershed" means the land area that drains into a particular stream.

15.4.4 Applicability.
This chapter shall apply to all land development activity on property containing a stream protection area as
defined in Subsection 15.4.3 of this title. These requirements are in addition to, and do not replace or supersede,
any other applicable buffer requirements established under State law and approval or exemption from these
requirements do not constitute approval or exemption from buffer requirements established under State law or
from other applicable local, State, or Federal regulations.
A. Grandfather Provisions. This chapter shall not apply to the following activities:
1. Work consisting of the repair or maintenance of any lawful use of land that is zoned and
approved for such use on or before the effective date of the ordinance codified in this chapter;
2. Existing development and on-going land disturbance activities including, but not limited to,
existing agriculture, silviculture, landscaping, and gardening and lawn maintenance, except that
new development or land disturbance activities on such properties will be subject to all
applicable buffer requirements;
3. Any land development activity that is under construction, fully approved for development,
scheduled for permit approval or has been submitted for approval as of the effective date of the
ordinance codified in this chapter;
4. Land development activity that has not been submitted for approval, but that is part of a larger
master development plan, such as for an office park or other phased development that has been
previously approved within two (2) years of the effective date of the ordinance codified in this
chapter.
B. Exemptions. The following specific activities are exempt from this chapter. Exemption of these
activities does not constitute an exemption for any other activity proposed on a property.
1. Activities for the purpose of building one (1) of the following:
a. A stream crossing by a driveway, transportation route or utility line;
b. Public water supply intake or public wastewater outfall structures;
c. Intrusions necessary to provide access to a property;
d. Public access facilities that must be on the water including boat ramps, docks, foot trails
leading directly to the river, fishing platforms and overlooks;
e. Unpaved foot trails and paths; or

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f. Activities to restore and enhance stream bank stability, vegetation, water quality, and/or
aquatic habitat, so long as native vegetation and bioengineering techniques are used.
2. Public sewer line easements paralleling the creek, except that all easements (permanent and
construction) and land disturbance should be at least twenty-five (25) feet from the top of the
bank. This includes such impervious cover as is necessary for the operation and maintenance of
the utility, including, but not limited to, manholes, vents, and valve structures. This exemption
shall not be construed as allowing the construction of roads, bike paths or other transportation
routes in such easements, regardless of paving material, except for access for the uses specifically
cited in this section.
3. Land development activities within a right-of-way existing at the time the ordinance codified in
this chapter takes effect or approved under the terms of this chapter.
4. Within an easement of any utility existing at the time the ordinance codified in this chapter takes
effect or approved under the terms of this chapter, land disturbance activities and such
impervious cover as is necessary for the operation and maintenance of the utility, including, but
not limited to, manholes, vents, and valve structures.
5. Emergency work necessary to preserve life or property. However, when emergency work is
performed under this section, the person performing it shall report such work to the City of
Stockbridge community development department director on the next business day after
commencement of the work. Within ten (10) days thereafter, the person shall apply for a permit
and perform such work within such time period as may be determined by the City of Stockbridge
community development department director to be reasonably necessary to correct any
impairment such emergency work may have caused to the water conveyance capacity, stability,
or water quality of the protection area.
6. Forestry and silviculture activities on land that is zoned for forestry, silvicultural or agricultural
uses and are not incidental to other land development activity. If such activity results in land
disturbance in the buffer that would otherwise be prohibited, then no other land disturbing
activity other than normal forest management practices will be allowed on the entire property
for three (3) years after the end of the activities that intruded on the buffer.
After the effective date of the ordinance codified in this chapter, it shall apply to new subdividing and
platting activities.
Any land development activity within a buffer established hereunder or any impervious cover within a
setback established hereunder is prohibited unless a variance is granted pursuant to a variance as
described in this title.

15.4.5 Land development requirements.
A. Buffer and Setback Requirements. All land development activity subject to this article shall meet the
following requirements:
1. An undisturbed natural vegetative buffer shall be maintained for fifty (50) feet, measured horizontally,
on both banks (as applicable) of the stream as measured from the top of the stream bank.
2. An additional setback shall be maintained for twenty-five (25) feet, measured horizontally, beyond the
undisturbed natural vegetative buffer, in which all impervious cover shall be prohibited. Grading, filling,
and earthmoving shall be minimized within the setback.
3. No septic tanks or septic tank drain fields shall be permitted within the buffer or the setback.

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B. Variance Procedures. Variances from the above buffer and setback requirements may be granted in
accordance with the following provisions:
1. Where a parcel was platted prior to the effective date of the ordinance codified in this chapter, and its
shape, topography or other existing physical condition prevents land, and the City of Stockbridge
community development department director finds and determines that the requirements of this
chapter prohibit the otherwise lawful use of the property by the owner, the city council of the City of
Stockbridge may grant a variance from the buffer and setback requirements hereunder, provided such
variance require mitigation measures to offset the effects of any proposed land development on the
parcel.
2. Except as provided above, the city council of the City of Stockbridge shall grant no variance from any
provision of this chapter without first conducting a public hearing on the application for variance and
authorizing the granting of the variance by an affirmative vote of the city council. The City of
Stockbridge shall give public notice of each such public hearing in a newspaper of general circulation
within the City of Stockbridge.
3. Variances will be considered only in the following cases:
a. When a property's shape, topography or other physical conditions existing at the time of the
adoption of the ordinance codified in this chapter prevent land development unless a buffer
variance is granted; or
b. Unusual circumstances when strict adherence to the minimal buffer requirements in this chapter
would create an extreme hardship.
4. At a minimum, a variance request shall include the following information:
a. A site map that includes locations of all streams, wetlands, floodplain boundaries, and other
natural features, as determined by field survey;
b. A description of the shape, size, topography, slope, soils, vegetation, and other physical
characteristics of the property;
c. A detailed site plan that shows the locations of all existing and proposed structures and other
impervious cover and the limits of all existing and proposed land disturbance, both inside and
outside the buffer and setback. The exact area of the buffer to be affected shall be accurately and
clearly indicated;
d. Documentation of unusual hardship should the buffer be maintained;
e. At least one (1) alternative plan, which does not include a buffer or setback intrusion, or an
explanation of why such a site plan is not possible;
f. A calculation of the total area and length of the proposed intrusion;
g. A stormwater management site plan, if applicable; and
h. Proposed mitigation, if any, for the intrusion. If no mitigation is proposed, the request must
include an explanation of why none is being proposed.
i. The following factors will be considered in determining whether to issue a variance:
i. The shape, size, topography, slope, soils, vegetation and other physical characteristics of
the property;
ii. The locations of all streams on the property, including along property boundaries;
iii. The location and extent of the proposed buffer or setback intrusion;

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iv. Whether alternative designs are possible which require less intrusion or no intrusion;
v. The long-term and construction water-quality impacts of the proposed variance; and
vi. Whether issuance of the variance is at least as protective of natural resources and the
environment.

15.4.6 Compatibility with other buffer regulations and requirements.
This chapter is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation,
statute, or other provision of law. The requirements of this chapter should be considered minimum requirements,
and where any provision of this chapter imposes restrictions different from those imposed by any other ordinance,
rule, regulation or other provision of law, whichever provisions are more restrictive or impose higher protective
standards for human health or the environment shall be considered to take precedence.

15.4.7 Additional information requirements for development on buffer zone properties.
Any permit applications for property requiring buffers and setbacks hereunder must include the following:
1. A site plan showing:
a. The location of all streams on the property;
b. Limits of required stream buffers and setbacks on the property;
c. Buffer zone topography with contour lines at no greater than five-foot contour intervals;
d. Delineation of forested and open areas in the buffer zone; and
e. Detailed plans of all proposed land development in the buffer and of all proposed impervious
cover within the setback.
2. A description of all proposed land development within the buffer and setback.
3. Any other documentation that the City of Stockbridge community development department director
may reasonably deem necessary for review of the application and to insure that the buffer zone
ordinance is addressed in the approval process.
All buffer and setback areas must be recorded on the final plat of the property following plan approval.

15.4.8 Responsibility.
Neither the issuance of a development permit nor compliance with the conditions thereof, nor with the
provisions of this chapter shall relieve any person from any responsibility otherwise imposed by law for damage to
persons or property; nor shall the issuance of any permit hereunder serve to impose any liability upon the City of
Stockbridge, its officers, or employees, for injury or damage to persons or property.

15.4.9 Inspection.
A. The City of Stockbridge may cause inspections of the work in the buffer or setback to be made periodically
during the course thereof and shall make a final inspection following completion of the work. The permittee
shall assist the city in making such inspections. The City of Stockbridge shall have the authority to conduct
such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this chapter,
and for this purpose to enter at reasonable time upon any property, public or private, for the purpose of
investigating and inspecting the sites of any land development activities within the protection area.

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B. No person shall refuse entry or access to any authorized representative or agent who requests entry for
purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or
interfere with any such representative while in the process of carrying out official duties.

15.4.10 Violations, enforcement and penalties.
Any action or inaction which violates the provisions of this chapter or the requirements of an approved site
plan or permit may be subject to the enforcement actions outlined in this section. Any such action or inaction
which is continuous with respect to time is deemed to be a public nuisance and may be abated by injunctive or
other equitable relief. The imposition of any of the penalties described below shall not prevent such equitable
relief.
A. Notice of Violation. If the director determines that an applicant or other responsible person has failed
to comply with the terms and conditions of a permit, an approved site plan or the provisions of this
chapter, it shall issue a written notice of violation to such applicant or other responsible person. Where
a person is engaged in activity covered by this chapter without having first secured the appropriate
permit therefor, the notice of violation shall be served on the owner or the responsible person in
charge of the activity being conducted on the site.
1. The notice of violation shall contain:
a. The name and address of the owner or the applicant or the responsible person;
b. The address or other description of the site upon which the violation is occurring;
c. A statement specifying the nature of the violation;
d. A description of the remedial measures necessary to bring the action or inaction into
compliance with the permit, the approved site plan or this chapter, and the date for the
completion of such remedial action;
e. A statement of the penalty or penalties that may be assessed against the person to whom
the notice of violation is directed; and
f. A statement that the determination of violation may be appealed to the City of Stockbridge
community development department director by filing a written notice of appeal within
thirty (30) days after the notice of violation (except that in the event the violation
constitutes an immediate danger to public health or public safety, twenty-four (24) hours'
notice shall be sufficient).
B. Penalties. In the event the remedial measures described in the notice of violation have not been
completed by the date set forth for such completion in the notice of violation, any one (1) or more of
the following actions or penalties may be taken or assessed against the person to whom the notice of
violation was directed. Before taking any of the following actions or imposing any of the following
penalties, the City of Stockbridge community development department director shall first notify the
applicant or other responsible person in writing of its intended action, and shall provide a reasonable
opportunity, of not less than ten (10) days (except that in the event the violation constitutes an
immediate danger to public health or public safety, twenty-four (24) hours' notice shall be sufficient) to
cure such violation. In the event the applicant or other responsible person fails to cure such violation
after such notice and cure period, the City of Stockbridge community development department
director may take any one (1) or more of the following actions or impose any one (1) or more of the
following penalties:
1. Stop Work Order. City of Stockbridge community development department director may issue a
stop work order which shall be served on the applicant or other responsible person. The stop

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work order shall remain in effect until the applicant or other responsible person has taken the
remedial measures set forth in the notice of violation or has otherwise cured the violation or
violations described therein, provided the stop work order may be withdrawn or modified to
enable the applicant or other responsible person to take necessary remedial measures to cure
such violation or violations.
2. Withhold Certificate of Occupancy. The City of Stockbridge community development department
director may refuse to issue a certificate of occupancy for the building or other improvements
constructed or being constructed on the site until the applicant or other responsible person has
taken the remedial measures set forth in the notice of violation or has otherwise cured the
violations described therein.
3. Suspension, Revocation, or Modification of Permit. The City of Stockbridge community
development department director may suspend, revoke, or modify the permit authorizing the
land development project. A suspended, revoked, or modified permit may be reinstated after the
applicant or other responsible person has taken the remedial measures set forth in the notice of
violation or has otherwise cured the violations described therein, provided such permit may be
reinstated (upon such conditions as the City of Stockbridge community development department
director may deem necessary) to enable the applicant or other responsible person to take the
necessary remedial measures to cure such violations.
4. Civil Penalties. In the event the applicant or other responsible person fails to take the remedial
measures set forth in the notice of violation or otherwise fails to cure the violations described
therein within ten (10) days (or such greater period as the City of Stockbridge community
development department director shall deem appropriate) (except that in the event the violation
constitutes an immediate danger to public health or public safety, twenty-four (24) hours' notice
shall be sufficient) after the City of Stockbridge community development department director
has taken one (1) or more of the actions described above, the City of Stockbridge community
development department director may impose a penalty not to exceed one thousand dollars
($1,000.00) (depending on the severity of the violation) for each day the violation remains
unremedied after receipt of the notice of violation.
5. Criminal Penalties. Any person violating the terms of this chapter shall be punished in municipal
court as provided for in this Code. Each day the violation continues shall be considered a separate
offense.

15.4.11 Administrative appeal and judicial review.
Appeals may be filed in accordance with section 10.3 and 10.4 of this chapter.
A. Administrative Appeal. Any person aggrieved by a decision or order of the director, may appeal in writing
within ten (10) days after the issuance of such decision or order to the city council of City of Stockbridge and
shall be entitled to a hearing before the city council of City of Stockbridge within forty-five (45) days of
receipt of the written appeal.
B. Judicial Review. Any person aggrieved by a decision or order of the director, after exhausting all
administrative remedies, shall have the right to appeal de novo to the superior court of Henry County.

15.4.12 Severability.
If any article, section, subsection, paragraph, clause, phrase, or provision of this chapter shall be adjudged
invalid or held unconstitutional, such decision shall not affect or invalidate the remaining portions of this chapter.

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15.5 Soil erosion, sedimentation, and pollution control.

15.5.1 Title and definitions.
A. This section will be known as "Stockbridge Soil Erosion, Sedimentation and Pollution Control Ordinance."
B. The following definitions shall apply in the interpretation and enforcement of this chapter, unless otherwise
specifically stated:
"Best management practices (BMPs)" means sound conservation and engineering practices to prevent and
minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those
practices contained in the "Manual for Erosion and Sediment Control in Georgia" published by the commission as
of January 1 of the year in which the land-disturbing activity was permitted.
"Board" means the Board of Natural Resources.
"Buffer" means the area of land immediately adjacent to the banks of State waters in its natural state of
vegetation, which facilitates the protection of water quality and aquatic habitat.
"Certified personnel" means a person who has successfully completed the appropriate certification course
approved by the Georgia Soil and Water Conservation Commission.
"Coastal marshlands" shall have the same meaning as in O.C.G.A. § 12-5-282.
"Commission" means the Georgia Soil and Water Conservation Commission (GSWCC).
"CPESC" means a certified professional in erosion and sediment control with current certification by
EnviroCert, Inc., which is also referred to as CPESC or CPESC, Inc.
"Cut" means a portion of land surface or area from which earth has been removed or will be removed by
excavation; the depth below original ground surface to the excavated surface. Also known as excavation.
"Department" means the Georgia Department of Natural Resources (DNR).
"Design professional" means a professional licensed by the State in the field of engineering, architecture,
landscape architecture, forestry, geology, or land surveying; or a person that is a certified professional in erosion
and sediment control (CPESC) with a current certification by EnviroCert, Inc. Design professionals shall practice in a
manner that complies with applicable State law governing professional licensure.
"Director" means the Director of the Environmental Protection Division of the Georgia Department of
Natural Resources or an authorized representative.
"District" means the Region IV Soil and Water Conservation District.
"Division" means the Environmental Protection Division (EPD) of the Department of Natural Resources.
"Drainage structure" means a device composed of a virtually non-erodible material such as concrete, steel,
plastic, or other such material that conveys water from one place to another by intercepting the flow and carrying
it to a release point for storm water management, drainage control, or flood control purposes.
"EPD" means the Environmental Protection Division of the Georgia Department of Natural Resources, which
is a State agency charged with protecting Georgia's air, land, and water resources through the authority of State
and Federal environmental statutes.
"Erosion" means the process by which land surface is worn away by the action of wind, water, ice, or gravity.

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"Erosion, sedimentation, and pollution control plan" means a plan required by the Erosion and
Sedimentation Act, O.C.G.A. ch. 12-7 that includes, as a minimum protection at least as stringent as the State
general permit, best management practices, and requirements in Subsection 15.5.3.C.
"Fill" means a portion of land surface to which soil or other solid material has been added; the depth above
the original ground surface or an excavation.
"Final stabilization" means all soil disturbing activities at the site have been completed, and that for unpaved
areas and areas not covered by permanent structures and areas located outside the waste disposal limits of a
landfill cell that has been certified by EPD for waste disposal, one hundred percent (100%) of the soil surface is
uniformly covered in permanent vegetation with a density of seventy percent (70%) or greater, or landscaped
according to the plan (uniformly covered with landscaping materials in planned landscape areas), or equivalent
permanent stabilization measures as defined in the manual (excluding a crop of annual vegetation and seeding of
target crop perennials appropriate for the region). Final stabilization applies to each phase of construction.
"Finished grade" means the final elevation and contour of the ground after cutting or filling and conforming
to the proposed design.
"Grading" means altering the shape of ground surfaces to a predetermined condition; this includes stripping,
cutting, filling, stockpiling, and shaping or any combination thereof and shall include the land in its cut or filled
condition.
"Ground elevation" means the original elevation of the ground surface prior to cutting or filling.
"Land-disturbing activity" means any activity which may result in soil erosion from water or wind and the
movement of sediments into State waters or onto lands within the State, including, but not limited to, clearing,
dredging, grading, excavating, transporting, and filling of land, but not including agricultural practices as described
in Subsection 15.5.2.E.
"Larger common plan of development or sale means a contiguous area where multiple separate and distinct
construction activities are occurring under one (1) plan of development or sale. For the purposes of this paragraph,
"plan" means an announcement; piece of documentation such as a sign, public notice or hearing, sales pitch,
advertisement, drawing, permit application, zoning request, or computer design; or physical demarcation such as
boundary signs, lot stakes, or surveyor markings, indicating that construction activities may occur on a specific
plot.
"Local issuing authority (LIA)" means the governing authority of any county or municipality which is certified
pursuant to subsection (a) of O.C.G.A. § 12-7-8.
"Metropolitan River Protection Act (MRPA)" means a State law referenced as O.C.G.A. § 12-5-440 et. seq.
which addresses environmental and developmental matters in certain metropolitan river corridors and their
drainage basins.
"Natural ground surface" means the ground surface in its original state before any grading, excavation, or
filling.
"Nephelometric turbidity units (NTU)" means numerical units of measure based upon photometric analytical
techniques for measuring the light scattered by finely divided particles of a substance in suspension. This
technique is used to estimate the extent of turbidity in water in which colloidally dispersed or suspended particles
are present.
"NOI" means a notice of intent form provided by EPD for coverage under the State general permit.
"NOT" means a notice of termination form provided by EPD to terminate coverage under the State general
permit.
"NPDES" means the National Pollution Discharge Elimination System.

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"Operator" means the party or parties that have:
1. Operational control of construction project plans and specifications, including the ability to make
modifications to those plans and specifications; or
2. Day-to-day operational control of those activities that are necessary to ensure compliance with an
erosion, sedimentation and pollution control plan for the site or other permit conditions, such as a
person authorized to direct workers at a site to carry out activities required by the erosion,
sedimentation, and pollution control plan or to comply with other permit conditions.
"Outfall" means the location where storm water in a discernible, confined, and discrete conveyance, leaves a
facility or site or, if there is a receiving water on site, becomes a point source discharging into that receiving water.
"Permit" means the authorization necessary to conduct a land-disturbing activity under the provisions of this
chapter.
"Person" means any individual, partnership, firm, association, joint venture, public or private corporation,
trust, estate, commission, board, public or private institution, utility, cooperative, State agency, municipality, or
other political subdivision of the State, any interstate body, or any other legal entity.
"Phase" or "phased" means sub-parts or segments of construction projects where the sub-part or segment is
constructed and stabilized prior to completing construction activities on the entire construction site.
"Project" means the entire proposed development project regardless of the size of the area of land to be
disturbed.
"Properly designed" means designed in accordance with the design requirements and specifications
contained in the "Manual for Erosion and Sediment Control in Georgia" published by the Georgia Soil and Water
Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted and
amendments to the manual as approved by the commission up until the date of NOI submittal.
"Roadway drainage structure" means a device such as a bridge, culvert, or ditch, composed of a virtually non-
erodible material such as concrete, steel, plastic, or other such material that conveys water under a roadway by
intercepting the flow on one (1) side of a traveled roadway consisting of one (1) or more defined lanes, with or
without shoulder areas, and carrying water to a release point on the other side.
"Sediment" means solid material, both organic and inorganic, that is in suspension, is being transported, or
has been moved from its site of origin by wind, water, ice, or gravity as a product of erosion.
"Sedimentation" means the process by which eroded material is transported and deposited by the action of
water, wind, ice, or gravity.
"Soil and water conservation district approved plan" means an erosion, sedimentation, and pollution control
plan approved in writing by the Region IV Soil and Water Conservation District.
"Stabilization" means the process of establishing an enduring soil cover of vegetation by the installation of
temporary or permanent structures for the purpose of reducing to a minimum the erosion process and the
resultant transport of sediment by wind, water, ice or gravity.
"State general permit" means the National Pollution Discharge Elimination System (NPDES) general permit or
permits for storm water runoff from construction activities as is now in effect or as may be amended or reissued in
the future pursuant to the State's authority to implement the same through Federal delegation under the Federal
Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq., and subsection (f) of O.C.G.A. § 12-5-30.
"State waters" means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage
systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying within or
forming a part of the boundaries of the State which are not entirely confined and retained completely upon the
property of a single individual, partnership, or corporation.

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"Structural erosion, sedimentation, and pollution control practices" means practices for the stabilization of
erodible or sediment-producing areas by utilizing the mechanical properties of matter for the purpose of either
changing the surface of the land or storing, regulating, or disposing of runoff to prevent excessive sediment loss.
Examples of structural erosion and sediment control practices are riprap, sediment basins, dikes, level spreaders,
waterways or outlets, diversions, grade stabilization structures, and sediment traps, etc. Such practices can be
found in the publication "Manual for Erosion and Sediment Control in Georgia."
"Trout streams" means all streams or portions of streams within the watershed as designated by the Wildlife
Resources Division of the Georgia Department of Natural Resources under the provisions of the Georgia Water
Quality Control Act, O.C.G.A. § 12-5-20, in the Rules and Regulations for Water Quality Control, Chapter 391-3-6 at
www.epd.georgia.gov . Streams designated as primary trout waters are defined as water supporting a self-
sustaining population of rainbow, brown or brook trout. Streams designated as secondary trout waters are those
in which there is no evidence of natural trout reproduction but are capable of supporting trout throughout the
year. First order trout waters are streams into which no other streams flow except springs.
"Vegetative erosion and sedimentation control measures" means measures for the stabilization of erodible
or sediment-producing areas by covering the soil with:
1. Permanent seeding, sprigging or planting, that produces long-term vegetative cover;
2. Temporary seeding that produces short-term vegetative cover; or
3. Sodding, covering areas with a turf of perennial sod-forming grass.
Such measures can be found in the publication "Manual for Erosion and Sediment Control in Georgia."
"Watercourse" means any natural or artificial watercourse, stream, river, creek, channel, ditch, canal,
conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows either continuously or intermittently
and which has a definite channel, bed, and banks and includes any area adjacent thereto subject to inundation by
reason of overflow or floodwater.
"Wetlands" means those areas that are inundated or saturated by surface or ground water at a frequency
and duration sufficient to support, and that under normal circumstances do support a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and
similar areas.

15.5.2 Exemptions.
This chapter shall apply to any land-disturbing activity undertaken by any person on any land except for the
following:
A. Surface mining, as the same is defined in O.C.G.A. § 12-4-72, "The Georgia Surface Mining Act of 1968;"
B. Granite quarrying and land clearing for such quarrying;
C. Such minor land-disturbing activities as home gardens and individual home landscaping, repairs,
maintenance work, fences, and other related activities which result in minor soil erosion;
D. The construction of single-family residences, when such construction disturbs less than one (1) acre
and is not a part of a larger common plan of development or sale with a planned disturbance of equal
to or greater than one (1) acre and not otherwise exempted under this paragraph; provided, however,
that construction of any such residence shall conform to the minimum requirements as set forth in
O.C.G.A. § 12-7-6 and this paragraph. For single-family residence construction covered by the
provisions of this paragraph, there shall be a buffer zone between the residence and any State waters
classified as trout streams pursuant to Article 2 of Chapter 5 of the Georgia Water Quality Control Act.
In any such buffer zone, no land-disturbing activity shall be constructed between the residence and the

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point where vegetation has been wrested by normal stream flow or wave action from the banks of the
trout waters. For primary trout waters, the buffer zone shall be at least fifty (50) horizontal feet, and no
variance to a smaller buffer shall be granted. For secondary trout waters, the buffer zone shall be at
least fifty (50) horizontal feet, but the Director may grant variances to no less than twenty-five (25)
feet. Regardless of whether a trout stream is primary or secondary, for first order trout waters, which
are streams into which no other streams flow except for springs, the buffer shall be at least twenty-five
(25) horizontal feet, and no variance to a smaller buffer shall be granted. The minimum requirements
of subsection (b) of O.C.G.A. § 12-7-6 and the buffer zones provided by this paragraph shall be
enforced by the local issuing authority;
E. Agricultural operations as defined in O.C.G.A. § 1-3-3, "definitions", to include raising, harvesting or
storing of products of the field or orchard; feeding, breeding or managing livestock or poultry;
producing or storing feed for use in the production of livestock, including, but not limited to, cattle,
calves, swine, hogs, goats, sheep, and rabbits or for use in the production of poultry, including, but not
limited to, chickens, hens and turkeys; producing plants, trees, fowl, or animals; the production of aqua
culture, horticultural, dairy, livestock, poultry, eggs and apiarian products; farm buildings and farm
ponds;
F. Forestry land management practices, including harvesting; provided, however, that when such exempt
forestry practices cause or result in land-disturbing or other activities otherwise prohibited in a buffer,
as established in Paragraphs 16. and 17. of Subsection 15.5.3.C., no other land-disturbing activities,
except for normal forest management practices, shall be allowed on the entire property upon which
the forestry practices were conducted for a period of three (3) years after completion of such forestry
practices;
G. Any project carried out under the technical supervision of the Natural Resources Conservation Service
(NRCS) of the United States Department of Agriculture;
H. Any non-commercial project involving less than one (1) acre of disturbed area; provided, however, that
this exemption shall not apply to any land-disturbing activity within a larger common plan of
development or sale with a planned disturbance of equal to or greater than one (1) acre or within two
hundred (200) feet of the bank of any State waters, and for purposes of this paragraph, "State waters"
excludes channels and drainage ways which have water in them only during and immediately after
rainfall events and intermittent streams which do not have water in them year-round; provided,
however, that any person responsible for a project which involves less than one (1) acre, which
involves land-disturbing activity, and which is within two hundred (200) feet of any such excluded
channel or drainage way, must prevent sediment from moving beyond the boundaries of the property
on which such project is located and provided, further, that nothing contained herein shall prevent the
local issuing authority from regulating any such project which is not specifically exempted by
Paragraphs A., B., C., D., E., F., G., I., or J. of this section. Commercial projects of five thousand (5,000)
square feet or greater of disturbed area are not exempt from any provision of this chapter; provided,
however, that the City of Stockbridge may specifically exempt commercial projects of less than one (1)
acre from soil erosion plan requirements in cases where minimal land disturbance is to occur);
I. Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by
the Department of Transportation, the Georgia Highway Authority, or the State Road and Tollway
Authority; or any road construction or maintenance project, or both, undertaken by any county or
municipality; provided, however, that construction or maintenance projects of the Department of
Transportation or the State Road and Tollway Authority which disturb one (1) or more contiguous acres
of land shall be subject to provisions of O.C.G.A. § 12-7-7.1; except where the Department of
Transportation, the Georgia Highway Authority, or the State Road and Tollway Authority is a secondary
permittee for a project located within a larger common plan of development or sale under the State
general permit, in which case a copy of a notice of intent under the State general permit shall be

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submitted to the local issuing authority, the local issuing authority shall enforce compliance with the
minimum requirements set forth in O.C.G.A. § 12-7-6 as if a permit had been issued, and violations
shall be subject to the same penalties as violations by permit holders;
J. Any land-disturbing activities conducted by any electric membership corporation or municipal electrical
system or any public utility under the regulatory jurisdiction of the Public Service Commission, any
utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable
television system as defined in O.C.G.A. § 36-18-1, or any agency or instrumentality of the United
States engaged in the generation, transmission, or distribution of power; except where an electric
membership corporation or municipal electrical system or any public utility under the regulatory
jurisdiction of the Public Service Commission, any utility under the regulatory jurisdiction of the Federal
Energy Regulatory Commission, any cable television system as defined in O.C.G.A. § 36-18-1, or any
agency or instrumentality of the United States engaged in the generation, transmission, or distribution
of power is a secondary permittee for a project located within a larger common plan of development
or sale under the State general permit, in which case the local issuing authority shall enforce
compliance with the minimum requirements set forth in O.C.G.A. § 12-7-6 as if a permit had been
issued, and violations shall be subject to the same penalties as violations by permit holders; and
K. Any public water system reservoir.

15.5.3 Minimum requirements for erosion, sedimentation and pollution control using best
management practices.
A. General Provisions. Excessive soil erosion and resulting sedimentation can take place during land-disturbing
activities if requirements of this chapter and the NPDES general permit are not met. Therefore, plans for
those land-disturbing activities which are not exempted by this chapter shall contain provisions for
application of soil erosion, sedimentation, and pollution control measures and practices. The provisions shall
be incorporated into the erosion, sedimentation, and pollution control plans. Soil erosion, sedimentation,
and pollution control measures and practices shall conform to the minimum requirements of Subsections B.
and C. The application of measures and practices shall apply to all features of the site, including street and
utility installations, drainage facilities and other temporary and permanent improvements. Measures shall be
installed to prevent or control erosion, sedimentation, and pollution during all stages of any land-disturbing
activity in accordance with requirements of this chapter and the NPDES general permit.
B. Minimum Requirements/BMPs.
1. Best management practices as set forth in Subsections B. and C. shall be required for all land-disturbing
activities. Proper design, installation, and maintenance of best management practices shall constitute a
complete defense to any action by the Director or to any other allegation of noncompliance with
Paragraph 2. of this subsection or any substantially similar terms contained in a permit for the
discharge of storm water issued pursuant to subsection (f) of O.C.G.A. § 12-5-30, the "Georgia Water
Quality Control Act." As used in this subsection, the terms "proper design" and "properly designed"
mean designed in accordance with the hydraulic design specifications contained in the "Manual for
Erosion and Sediment Control in Georgia" specified in subsection (b) of O.C.G.A. § 12-7-6.
2. A discharge of storm water runoff from disturbed areas where best management practices have not
been properly designed, installed, and maintained shall constitute a separate violation of any land-
disturbing permit issued by a local issuing authority or of any State general permit issued by the
division pursuant to subsection (f) of O.C.G.A. § 12-5-30, the "Georgia Water Quality Control Act", for
each day on which such discharge results in the turbidity of receiving waters being increased by more
than twenty-five (25) nephelometric turbidity units for waters supporting warm water fisheries or by
more than ten (10) nephelometric turbidity units for waters classified as trout waters. The turbidity of
the receiving waters shall be measured in accordance with guidelines to be issued by the director. This

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paragraph shall not apply to any land disturbance associated with the construction of single-family
homes which are not part of a larger common plan of development or sale unless the planned
disturbance for such construction is equal to or greater than five (5) acres.
3. Failure to properly design, install, or maintain best management practices shall constitute a violation of
any land-disturbing permit issued by a local issuing authority or of any State general permit issued by
the division pursuant to subsection (f) of O.C.G.A. § 12-5-30, the "Georgia Water Quality Control Act,"
for each day on which such failure occurs.
4. The director may require, in accordance with regulations adopted by the board, reasonable and
prudent monitoring of the turbidity level of receiving waters into which discharges from land disturbing
activities occur.
5. The City of Stockbridge public works department (LIA) may set more stringent buffer requirements
than stated in Paragraphs C.16., 17., and 18. of this section, in light of subsection (c) of O.C.G.A. § 12-7-
6. Additional erosion and sediment control measures will be installed if deemed necessary by the local
issuing authority after an on-site inspection.
C. The rules and regulations, ordinances, or resolutions adopted pursuant to O.C.G.A. § 12-7-1 et seq. for the
purpose of governing land-disturbing activities shall require, as a minimum, protections at least as stringent
as the State general permit; and best management practices, including sound conservation and engineering
practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no
less stringent than, those practices contained in the "Manual for Erosion and Sediment Control in Georgia"
published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the
land-disturbing activity was permitted, as well as the following:
1. A construction exit designed in accordance with the "Manual for Erosion and Sediment Control in
Georgia" must be the first element developed on a construction site. The construction exit must be
maintained in such a way as to prevent any mud from being tracked onto public roads;
2. Stripping of vegetation, regrading and other development activities shall be conducted in a manner so
as to minimize erosion;
3. Cut-fill operations must be kept to a minimum;
4. Development plans must conform to topography and soil type so as to create the lowest practicable
erosion potential;
5. Whenever feasible, natural vegetation shall be retained, protected, and supplemented;
6. The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable
minimum;
7. Disturbed soil shall be stabilized as quickly as practicable;
8. Temporary vegetation or mulching shall be employed to protect exposed critical areas during
development;
9. Permanent vegetation and structural erosion control practices shall be installed as soon as practicable;
10. To the extent necessary, sediment in run-off water must be trapped by the use of debris basins,
sediment basins, silt traps, or similar measures until the disturbed area is stabilized. As used in this
paragraph, a disturbed area is stabilized when it is brought to a condition of continuous compliance
with the requirements of O.C.G.A. § 12-7-1 et seq.;
11. Adequate provisions must be provided to minimize damage from surface water to the cut face of
excavations or the sloping of fills;

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12. Cuts and fills may not endanger adjoining property;
13. Fills may not encroach upon natural watercourses or constructed channels in a manner so as to
adversely affect other property owners;
14. Grading equipment must cross flowing streams by means of bridges or culverts except when such
methods are not feasible, provided, in any case, that such crossings are kept to a minimum;
15. Land-disturbing activity plans for erosion, sedimentation, and pollution control shall include provisions
for treatment or control of any source of sediments and adequate sedimentation control facilities to
retain sediments on-site or preclude sedimentation of adjacent waters beyond the levels specified in
Subsection 15.5.3.B.2.
16. Except as provided in Paragraphs 17. and 18. of this subsection, there is established a twenty-five (25)
feet buffer along the banks of all State waters, as measured horizontally from the point where
vegetation has been wrested by normal stream flow or wave action, except where the Director
determines to allow a variance that is at least as protective of natural resources and the environment,
where otherwise allowed by the Director pursuant to O.C.G.A. § 12-2-8, where a drainage structure or
a roadway drainage structure must be constructed, provided that adequate erosion control measures
are incorporated in the project plans and specifications, and are implemented; or along any ephemeral
stream. As used in this provision, the term "ephemeral stream" means a stream that under normal
circumstances has water flowing only during and for a short duration after precipitation events; that
has the channel located above the ground-water table year round; for which ground water is not a
source of water; and for which runoff from precipitation is the primary source of water flow. Unless
exempted as along an ephemeral stream, the buffers of at least twenty-five (25) feet established
pursuant to Part 6 of Article 5, Chapter 5 of Title 12, the "Georgia Water Quality Control Act," shall
remain in force unless a variance is granted by the Director as provided in this paragraph. The following
requirements shall apply to any such buffer:
a. No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its
natural, undisturbed state of vegetation until all land-disturbing activities on the construction site
are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or
trimmed of vegetation as long as a protective vegetative cover remains to protect water quality
and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream
bed; provided, however, that any person constructing a single-family residence, when such
residence is constructed by or under contract with the owner for his or her own occupancy, may
thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to
protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to
keep shade on the stream bed; and
b. The buffer shall not apply to the following land-disturbing activities, provided that they occur at
an angle, as measured from the point of crossing, within twenty-five (25) degrees of
perpendicular to the stream; cause a width of disturbance of not more than fifty (50) feet within
the buffer; and adequate erosion control measures are incorporated into the project plans and
specifications and are implemented: (a) stream crossings for water lines; or (b) stream crossings
for sewer lines; and
17. There is established a fifty-foot buffer as measured horizontally from the point where vegetation has
been wrested by normal stream flow or wave action, along the banks of any State waters classified as
"trout streams" pursuant to Article 2 of Chapter 5 of Title 12, the "Georgia Water Quality Control Act,"
except where a roadway drainage structure must be constructed; provided, however, that small
springs and streams classified as trout streams which discharge an average annual flow of twenty-five
(25) gallons per minute or less shall have a twenty-five-foot buffer or they may be piped, at the
discretion of the landowner, pursuant to the terms of a rule providing for a general variance

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promulgated by the board, so long as any such pipe stops short of the downstream landowner's
property and the landowner complies with the buffer requirement for any adjacent trout streams. The
Director may grant a variance from such buffer to allow land-disturbing activity, provided that
adequate erosion control measures are incorporated in the project plans and specifications and are
implemented. The following requirements shall apply to such buffer:
a. No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its
natural, undisturbed, state of vegetation until all land-disturbing activities on the construction
site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or
trimmed of vegetation as long as a protective vegetative cover remains to protect water quality
and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream
bed: provided, however, that any person constructing a single-family residence, when such
residence is constructed by or under contract with the owner for his or her own occupancy, may
thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to
protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to
keep shade on the stream bed; and
b. The buffer shall not apply to the following land-disturbing activities, provided that they occur at
an angle, as measured from the point of crossing, within twenty-five (25) degrees of
perpendicular to the stream; cause a width of disturbance of not more than fifty (50) feet within
the buffer; and adequate erosion control measures are incorporated into the project plans and
specifications and are implemented: (a) stream crossings for water lines; or (b) stream crossings
for sewer lines; and
18. There is established a twenty-five (25) feet buffer along coastal marshlands, as measured horizontally
from the coastal marshland-upland interface, as determined in accordance with Chapter 5 of Title 12 of
this title, the "Coastal Marshlands Protection Act of 1970," and the rules and regulations promulgated
thereunder, except where the Director determines to allow a variance that is at least as protective of
natural resources and the environment, where otherwise allowed by the Director pursuant to O.C.G.A.
§ 12-2-8, where an alteration within the buffer area has been authorized pursuant to O.C.G.A. § 12-5-
286, for maintenance of any currently serviceable structure, landscaping, or hardscaping, including
bridges, roads, parking lots, golf courses, golf cart paths, retaining walls, bulkheads, and patios;
provided, however, that if such maintenance requires any land-disturbing activity, adequate erosion
control measures are incorporated into the project plans and specifications and such measures are
fully implemented, where a drainage structure or roadway drainage structure is constructed or
maintained; provided, however, that if such maintenance requires any land-disturbing activity,
adequate erosion control measures are incorporated into the project plans and specifications and such
measures are fully implemented, on the landward side of any currently serviceable shoreline
stabilization structure, or for the maintenance of any manmade storm-water detention basin, golf
course pond, or impoundment that is located entirely within the property of a single individual,
partnership, or corporation; provided, however, that adequate erosion control measures are
incorporated into the project plans and specifications and such measures are fully implemented. For
the purposes of this paragraph maintenance shall be defined as actions necessary or appropriate for
retaining or restoring a currently serviceable improvement to the specified operable condition to
achieve its maximum useful life. Maintenance includes emergency reconstruction of recently damaged
parts of a currently serviceable structure so long as it occurs within a reasonable period of time after
damage occurs. Maintenance does not include any modification that changes the character, scope, or
size of the original design and serviceable shall be defined as usable in its current state or with minor
maintenance but not so degraded as to essentially require reconstruction.
a. No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its
natural, undisturbed, state of vegetation until all land-disturbing activities on the construction
site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or

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trimmed of vegetation as long as a protective vegetative cover remains to protect water quality
and aquatic habitat; provided, however, that any person constructing a single-family residence,
when such residence is constructed by or under contract with the owner for his or her own
occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative
cover remains to protect water quality and aquatic habitat; and
b. The buffer shall not apply to crossings for utility lines that cause a width of disturbance of no
more than fifty (50) feet within the buffer, provided, however, that adequate erosion control
measures are incorporated into the project plans and specifications and such measures are fully
implemented.
c. The buffer shall not apply to any land-disturbing activity conducted pursuant to and in
compliance with a valid and effective land-disturbing permit issued subsequent to April 22, 2014,
and prior to December 31, 2015; provided, however, that adequate erosion control measures are
incorporated into the project plans and specifications and such measures are fully implemented
or any lot for which the preliminary plat has been approved prior to December 31, 2015 if
roadways, bridges, or water and sewer lines have been extended to such lot prior to the effective
date of this Act and if the requirement to maintain a twenty-five-foot buffer would consume at
least eighteen percent (18%) of the high ground of the platted lot otherwise available for
development; provided, however, that adequate erosion control measures are incorporated into
the project plans and specifications and such measures are fully implemented.
d. Activities where the area within the buffer is not more than five hundred (500) square feet or
that have a "minor buffer impact" as defined in EPD Rule 391-3-7-.01(r), provided that the total
area of buffer impacts is less than five thousand (5,000) square feet are deemed to have an
approved buffer variance by rule. Bank stabilization structures are not eligible for coverage under
the variance by rule and notification shall be made to the division at least fourteen (14) days
prior to the commencement of land-disturbing activities.
D. Nothing contained in O.C.G.A. § 12-7-1 et seq. shall prevent any local issuing authority from adopting rules
and regulations, ordinances, or resolutions which contain stream buffer requirements that exceed the
minimum requirements in Subsections B. and C. of this section.
E. The fact that land-disturbing activity for which a permit has been issued results in injury to the property of
another shall neither constitute proof of nor create a presumption of a violation of the standards provided
for in this chapter or the terms of the permit.

15.5.4 Application/permit process.
A. General. The property owner, developer and designated planners and engineers shall design and review
before submittal the general development plans. The local issuing authority shall review the tract to be
developed and the area surrounding it. They shall consult the zoning ordinance, storm water management
ordinance, subdivision ordinance, flood damage prevention ordinance, this chapter, and any other
ordinances, rules, regulations or permits, which regulate the development of land within the jurisdictional
boundaries of the local issuing authority. However, the owner and/or operator are the only parties who may
obtain a permit.
B. Application Requirements.
1. No person shall conduct any land-disturbing activity within the jurisdictional boundaries of the city
without first obtaining a permit from the City to perform such activity and providing a copy of notice of
intent submitted to EPD if applicable.

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2. The application for a permit shall be submitted to the city and must include the applicant's erosion,
sedimentation and pollution control plan with supporting data, as necessary. Said plans shall include,
as a minimum, the data specified in Subsection C. of this section. Erosion, sedimentation and pollution
control plans, together with supporting data, must demonstrate affirmatively that the land disturbing
activity proposed will be carried out in such a manner that the provisions of Subsections 15.5.3.B. and
C. will be met. Applications for a permit will not be accepted unless accompanied by five (5) copies of
the applicant's erosion, sedimentation and pollution control plans. All applications shall contain a
certification stating that the plan preparer or the designee thereof visited the site prior to creation of
the plan in accordance with EPD Rule 391-3-7-.10.
3. In addition to the local permitting fees, fees will also be assessed pursuant to paragraph (5) subsection
(a) of O.C.G.A. § 12-5-23, provided that such fees shall not exceed eighty dollars ($80.00) per acre of
land-disturbing activity, and these fees shall be calculated and paid by the primary permittee as
defined in the State general permit for each acre of land-disturbing activity included in the planned
development or each phase of development. All applicable fees shall be paid prior to issuance of the
land disturbance permit. In a jurisdiction that is certified pursuant to subsection (a) of O.C.G.A. § 12-7-8
half of such fees levied shall be submitted to the division; except that any and all fees due from an
entity which is required to give notice pursuant to paragraph (9) or (10) of O.C.G.A. § 12-7-17 shall be
submitted in full to the division, regardless of the existence of a local issuing authority in the
jurisdiction.
4. Immediately upon receipt of an application and plan for a permit, the local issuing authority shall refer
the application and plan to the district for its review and approval or disapproval concerning the
adequacy of the erosion, sedimentation and pollution control plan. The district shall approve or
disapprove a plan within thirty-five (35) days of receipt. Failure of the district to act within thirty-five
(35) days shall be considered an approval of the pending plan. The results of the district review shall be
forwarded to the local issuing authority. No permit will be issued unless the plan has been approved by
the district, and any variances required by Subsections 15.5.3.C.16., 17., and 18. have been obtained,
all fees have been paid, and bonding, if required as per Subsection 15.5.4.B.6., have been obtained.
Such review will not be required if the local issuing authority and the district have entered into an
agreement which allows the local issuing authority to conduct such review and approval of the plan
without referring the application and plan to the district. The local issuing authority with plan review
authority shall approve or disapprove a revised plan submittal within thirty-five (35) days of receipt.
Failure of the local issuing authority with plan review authority to act within thirty-five (35) days shall
be considered an approval of the revised plan submittal.
5. If a permit applicant has had two (2) or more violations of previous permits, this section, or the Erosion
and Sedimentation Act, as amended, within three (3) years prior to the date of filing the application
under consideration, the local issuing authority may deny the permit application.
6. The local issuing authority may require the permit applicant to post a bond in the form of government
security, cash, irrevocable letter of credit, or any combination thereof up to, but not exceeding, three
thousand dollars ($3,000.00) per acre or fraction thereof of the proposed land-disturbing activity, prior
to issuing the permit. If the applicant does not comply with this section or with the conditions of the
permit after issuance, the local issuing authority may call the bond or any part thereof to be forfeited
and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and
bring it into compliance. These provisions shall not apply unless there is in effect an ordinance or
statute specifically providing for hearing and judicial review of any determination or order of the local
issuing authority with respect to alleged permit violations.
C. Plan Requirements.
1. Plans must be prepared to meet the minimum requirements as contained in Subsections 15.5.3.B. and
C., or through the use of more stringent, alternate design criteria which conform to sound conservation

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and engineering practices. The "Manual for Erosion and Sediment Control in Georgia" is hereby
incorporated by reference into this chapter. The plan for the land-disturbing activity shall consider the
interrelationship of the soil types, geological and hydrological characteristics, topography, watershed,
vegetation, proposed permanent structures, including roadways, constructed waterways, sediment
control and storm water management facilities, local ordinances and State laws. Maps, drawings and
supportive computations shall bear the signature and seal of the certified design professional. Persons
involved in land development design, review, permitting, construction, monitoring, or inspections or
any land disturbing activity shall meet the education and training certification requirements,
dependent on his or her level of involvement with the process, as developed by the commission and in
consultation with the division and the stakeholder advisory board created pursuant to O.C.G.A. § 12-7-
20.
2. Data required for site plan shall include all the information required from the appropriate erosion,
sedimentation and pollution control plan review checklist established by the commission as of January
1 of the year in which the land-disturbing activity was permitted.
D. Permits.
1. Permits shall be issued or denied as soon as practicable, but in any event not later than forty-five (45)
days after receipt by the local issuing authority of a completed application, providing variances and
bonding are obtained, where necessary and all applicable fees have been paid prior to permit issuance.
The permit shall include conditions under which the activity may be undertaken.
2. No permit shall be issued by the local issuing authority unless the erosion, sedimentation and pollution
control plan has been approved by the district and the local issuing authority has affirmatively
determined that the plan is in compliance with this chapter, any variances required by Subsections
15.5.3.C.16., 17., and 18. are obtained, bonding requirements, if necessary, as per Subsection
15.5.4.B.6. are met and all ordinances and rules and regulations in effect within the jurisdictional
boundaries of the local issuing authority are met. If the permit is denied, the reason for denial shall be
furnished to the applicant.
3. Any land-disturbing activities by a local issuing authority shall be subject to the same requirements of
this chapter, and any other ordinances relating to land development, as are applied to private persons
and the division shall enforce such requirements upon the local issuing authority.
4. If the tract is to be developed in phases, then a separate permit shall be required for each phase.
5. The permit may be suspended, revoked, or modified by the local issuing authority, as to all or any
portion of the land affected by the plan, upon finding that the holder or his successor in the title is not
in compliance with the approved erosion and sedimentation control plan or that the holder or his
successor in title is in violation of this chapter. A holder of a permit shall notify any successor in title to
him as to all or any portion of the land affected by the approved plan of the conditions contained in the
permit.
6. The LIA may reject a permit application if the applicant has had two (2) or more violations of previous
permits or the Erosion and Sedimentation Act permit requirements within three (3) years prior to the
date of the application, in light of O.C.G.A. § 12-7-7(f)(1).

15.5.5 Inspection and enforcement.
A. The city will periodically inspect the sites of land-disturbing activities for which permits have been issued to
determine if the activities are being conducted in accordance with the plan and if the measures required in
the plan are effective in controlling erosion and sedimentation. Also, the local issuing authority shall regulate
primary, secondary, and tertiary permittees as such terms are defined in the State general permit. Primary

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permittees shall be responsible for installation and maintenance of best management practices where the
primary permittee is conducting land-disturbing activities. Secondary permittees shall be responsible for
installation and maintenance of best management practices where the secondary permittee is conducting
land-disturbing activities. Tertiary permittees shall be responsible for installation and maintenance where the
tertiary permittee is conducting land-disturbing activities. If, through inspection, it is deemed that a person
engaged in land-disturbing activities as defined herein has failed to comply with the approved plan, with
permit conditions, or with the provisions of this chapter, a written notice to comply shall be served upon that
person. The notice shall set forth the measures necessary to achieve compliance and shall state the time
within which such measures must be completed. If the person engaged in the land-disturbing activity fails to
comply within the time specified, he/she shall be deemed in violation of this chapter.
B. The local issuing authority must amend its ordinances to the extent appropriate within twelve (12) months of
any amendments to the Erosion and Sedimentation Act of 1975.
C. The city shall have the power to conduct such investigations as it may reasonably deem necessary to carry
out duties as prescribed in this chapter, and for this purpose to enter at reasonable times upon any property,
public or private, for the purpose of investigation and inspecting the sites of land-disturbing activities.
D. No person shall refuse entry or access to any authorized representative or agent of the local issuing
authority, the commission, the district, or division who requests entry for the purposes of inspection, and
who presents appropriate credentials, nor shall any person obstruct, hamper, or interfere with any such
representative while in the process of carrying out his official duties.
E. The district or the commission or both shall semi-annually review the actions of counties and municipalities
which have been certified as local issuing authorities pursuant to O.C.G.A. § 12-7-8(a). The district or the
commission or both may provide technical assistance to any county or municipality for the purpose of
improving the effectiveness of the county's or municipality's erosion, sedimentation and pollution control
program. The district or the commission shall notify the division and request investigation by the division if
any deficient or ineffective local program is found.
F. The division may periodically review the actions of counties and municipalities which have been certified as
local issuing authorities pursuant to O.C.G.A. § 12-7-8(a). Such review may include, but shall not be limited
to, review of the administration and enforcement of a governing authority's ordinance and review of
conformance with an agreement, if any, between the district and the governing authority. If such review
indicates that the governing authority of any county or municipality certified pursuant to O.C.G.A. § 12-7-8(a)
has not administered or enforced its ordinances or has not conducted the program in accordance with any
agreement entered into pursuant to O.C.G.A. § 12-7-7(e), the division shall notify the governing authority of
the county or municipality in writing. The governing authority of any county or municipality so notified shall
have ninety (90) days within which to take the necessary corrective action to retain certification as a local
issuing authority. If the county or municipality does not take necessary corrective action within ninety (90)
days after notification by the division, the division shall revoke the certification of the county or municipality
as a local issuing authority.

15.5.6 Penalties and incentives.
A. Failure to Obtain a Permit for Land-Disturbing Activity. If any person commences any land-disturbing activity
requiring a land-disturbing permit as prescribed in this chapter without first obtaining said permit, the
person shall be subject to revocation of his/her business license, work permit, or other authorization for the
conduct of a business and associated work activities within the jurisdictional boundaries of the local issuing
authority.
B. Stop-Work Orders.

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1. For the first and second violations of the provisions of this chapter, the director or the local issuing
authority shall issue a written warning to the violator. The violator shall have five (5) days to correct
the violation. If the violation is not corrected within five (5) days, the director or the local issuing
authority shall issue a stop-work order requiring that land-disturbing activities be stopped until
necessary corrective action or mitigation has occurred; provided, however, that, if the violation
presents an imminent threat to public health or waters of the State or if the land-disturbing activities
are conducted without obtaining the necessary permit, the director or the local issuing authority shall
issue an immediate stop-work order in lieu of a warning;
2. For a third and each subsequent violation, the director or the local issuing authority shall issue an
immediate stop-work order;
3. All stop-work orders shall be effective immediately upon issuance and shall be in effect until the
necessary corrective action or mitigation has occurred; and
4. When a violation in the form of taking action without a permit, failure to maintain a stream buffer, or
significant amounts of sediment, as determined by the local issuing authority or by the director or his
or her designee, have been or are being discharged into State waters and where best management
practices have not been properly designed, installed, and maintained, a stop work order shall be issued
by the local issuing authority or by the director or his or her designee. All such stop work orders shall
be effective immediately upon issuance and shall be in effect until the necessary corrective action or
mitigation has occurred. Such stop work orders shall apply to all land-disturbing activity on the site
with the exception of the installation and maintenance of temporary or permanent erosion and
sediment controls.
C. Bond Forfeiture. If, through inspection, it is determined that a person engaged in land-disturbing activities
has failed to comply with the approved plan, a written notice to comply shall be served upon that person.
The notice shall set forth the measures necessary to achieve compliance with the plan and shall state the
time within which such measures must be completed. If the person engaged in the land-disturbing activity
fails to comply within the time specified, he/she shall be deemed in violation of this chapter and, in addition
to other penalties, shall be deemed to have forfeited his/her performance bond, if required to post one (1)
under the provisions of Subsection 16.5.4.B.6. The local issuing authority may call the bond or any part
thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-
disturbing activity and bring it into compliance.
D. Monetary Penalties.
1. Any person who violates any provisions of this chapter, or any permit condition or limitation
established pursuant to this chapter, or who negligently or intentionally fails or refuses to comply with
any final or emergency order of the Director issued as provided in this chapter shall be liable for a civil
penalty not to exceed two thousand five hundred dollars ($2,500.00) per day. For the purpose of
enforcing the provisions of this chapter, notwithstanding any provisions in any city charter to the
contrary, municipal courts shall be authorized to impose penalty not to exceed two thousand five
hundred dollars ($2,500.00) for each violation. Notwithstanding any limitation of law as to penalties
which can be assessed for violations of county ordinances, any magistrate court or any other court of
competent jurisdiction trying cases brought as violations of this chapter under county ordinances
approved under this chapter shall be authorized to impose penalties for such violations not to exceed
two thousand five hundred dollars ($2,500.00) for each violation. Each day during which violation or
failure or refusal to comply continues shall be a separate violation.

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15.5.7 Education and certification.
A. Persons involved in land development design, review, permitting, construction, monitoring, or inspection or
any land-disturbing activity shall meet the education and training certification requirements, dependent on
their level of involvement with the process, as developed by the commission in consultation with the division
and the stakeholder advisory board created pursuant to O.C.G.A. § 12-7-20.
B. For each site on which land-disturbing activity occurs, each entity or person acting as either a primary,
secondary, or tertiary permittee, as defined in the State general permit, shall have as a minimum one (1)
person who is in responsible charge of erosion and sedimentation control activities on behalf of said entity or
person and meets the applicable education or training certification requirements developed by the
commission present on site whenever land-disturbing activities are conducted on that site. A project site
shall herein be defined as any land-disturbance site or multiple sites within a larger common plan of
development or sale permitted by an owner or operator for compliance with the State general permit.
C. Persons or entities involved in projects not requiring a State general permit but otherwise requiring certified
personnel on site may contract with certified persons to meet the requirements of this chapter.
D. If a State general permittee who has operational control of land-disturbing activities for a site has met the
certification requirements of paragraph (1) of subsection (b) of O.C.G.A. § 12-7-19, then any person or entity
involved in land-disturbing activity at that site and operating in a subcontractor capacity for such permittee
shall meet those educational requirements specified in paragraph (4) of subsection (b) of O.C.G.A. § 12-7-19
and shall not be required to meet any educational requirements that exceed those specified in said
paragraph.

15.5.8 Administrative appeal judicial review.
A. Administrative Remedies. The suspension, revocation, modification, or grant with condition of a permit by
the local issuing authority upon finding that the holder is not in compliance with the approved erosion,
sediment and pollution control plan; or that the holder is in violation of permit conditions; or that the holder
is in violation of any ordinance; shall entitle the person submitting the plan or holding the permit to a hearing
before the city council within thirty (30) days after receipt by the local issuing authority of written notice of
appeal.
B. Judicial Review. Any person, aggrieved by a decision or order of the local issuing authority, after exhausting
his administrative remedies, shall have the right to appeal to the Superior Court of Henry County.

15.5.9 Effectivity, validity and liability.
A. Effectivity. This chapter shall become effective with the adoption of the ordinance.
B. Validity. If any section, paragraph, clause, phrase, or provision of this chapter shall be adjudged invalid or
held unconstitutional, such decisions shall not affect the remaining portions of this chapter.
C. Liability.
1. Neither the approval of a plan under the provisions of this chapter, nor the compliance with provisions
of this chapter shall relieve any person from the responsibility for damage to any person or property
otherwise imposed by law nor impose any liability upon the local issuing authority or district for
damage to any person or property.
2. The fact that a land-disturbing activity for which a permit has been issued results in injury to the
property of another shall neither constitute proof of nor create a presumption of a violation of the
standards provided for in this chapter or the terms of the permit.

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3. No provision of this chapter shall permit any persons to violate the Georgia Erosion and Sedimentation
Act of 1975, the Georgia Water Quality Control Act or the rules and regulations promulgated and
approved thereunder or pollute any waters of the State as defined thereby.

15.6 Stormwater management for new development and redevelopment.

15.6.1 Purpose and intent.
The purpose of this chapter is to protect, maintain and enhance the public health, safety, environment and
general welfare by establishing minimum requirements and procedures to control the adverse effects of increased
post-construction stormwater runoff and nonpoint source pollution associated with new development and
redevelopment. Proper management of post-construction stormwater runoff will minimize damage to public and
private property and infrastructure, safeguard the public health, safety, environment and general welfare of the
public, and protect water and aquatic resources. Additionally, the City of Stockbridge is required to comply with
several State and Federal laws, regulations and permits and the requirements of the Metropolitan North Georgia
Water Planning District's regional water plan related to managing the water quantity, velocity, and quality of post-
construction stormwater runoff.

15.6.2 Definitions.
For this chapter, the terms below shall have the following meanings:
"Administrator" means the person appointed to administer, implement, and enforce the provisions of this
chapter in accordance with Subsection 15.4.4.
"Applicant" means a person submitting a land development application for approval.
"Best management practice (BMP)" means both structural devices to store or treat stormwater runoff and
non-structural programs or practices which are designed to prevent or reduce the pollution of the waters of the
State of Georgia.
"BMP landscaping plan" means a design for vegetation and landscaping that is critical to the performance
and function of the BMP, including how the BMP will be stabilized and established with vegetation. It shall include
a layout of plants and plant names (local and scientific).
"Channel" means a natural or artificial watercourse with a definite bed and banks that conducts continuously
or periodically flowing water.
"Detention" means the temporary storage of stormwater runoff in a stormwater detention facility for the
purpose of controlling the peak discharge.
"Detention facility" means a structure designed for the storage and gradual release of stormwater runoff at
controlled rates.
"Development" means new development or redevelopment.
"Extended detention" means the storage of stormwater runoff for an extended period of time.
"Extreme flood protection" means measures taken to prevent adverse impacts from large low-frequency
storm events with a return frequency of one hundred (100) years or more.
"Flooding" means a volume of surface water that exceeds the banks or walls of a BMP, or channel; and
overflows onto adjacent lands.
"GSMM" means the latest edition of the Georgia Stormwater Management Manual, Volume 2: Technical
Handbook, and its appendices.

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"Hotspot" means a land use or activity on a site that has the potential to produce higher than normally found
levels of pollutants in stormwater runoff. As defined by the administrator, hotspot land use may include gasoline
stations, vehicle service and maintenance areas, industrial facilities (both permitted under the industrial
stormwater general permit and others), material storage sites, garbage transfer facilities, and commercial parking
lots with high-intensity use.
"Impervious surface" means a surface composed of any material that significantly impedes or prevents the
natural infiltration of water into the soil.
"Industrial stormwater general permit" means the National Pollutant Discharge Elimination System (NPDES)
permit issued by Georgia Environmental Protection Division to an industry for stormwater discharges associated
with industrial activity. The permit regulates pollutant levels associated with industrial stormwater discharges or
specifies onsite pollution control strategies based on Standard Industrial Classification (SIC) Code.
"Infiltration" means the process of percolating stormwater runoff into the subsoil.
"Inspection and maintenance agreement" means a written agreement providing for the long-term
inspection, operation, and maintenance of the stormwater management system and its components on a site.
"Land development application" means the application for a land development permit on a form provided by
the City of Stockbridge along with the supporting documentation required in Subsection 15.6.10.
"Land development permit" means the authorization necessary to begin construction-related, land-
disturbing activity.
"Land disturbing activity" means any activity which may result in soil erosion from water or wind and the
movement of sediments into State water or onto lands within the State, including, but not limited to, clearing,
dredging, grading, excavating, and filling of land. Land disturbing activity does not include agricultural practices as
described [in] O.C.G.A. § 12-7-17(5) or silvicultural activities as described [in] O.C.G.A. § 12-7-17(6) within areas
zoned for these activities.
"Linear feasibility program" means a feasibility program developed by the City of Stockbridge and submitted
to the Georgia Environmental Protection Division, which sets reasonable criteria for determining when it would be
infeasible to implement stormwater management standards for linear transportation projects being constructed
by the City of Stockbridge, other local governments, or State agencies.
"Linear transportation projects" means construction projects on traveled ways, including, but not limited to,
roads, sidewalks, multi-use paths and trails, and airport runways and taxiways.
"MS4 permit" means the NPDES permit issued by Georgia Environmental Protection Division for discharges
from the City of Stockbridge's municipal separate storm sewer system.
"New development" means land disturbing activities, structural development (construction, installation or
expansion of a building or other structure), and/or creation of impervious surfaces on a previously undeveloped
site.
"Nonpoint source pollution" means a form of water pollution that does not originate from a discrete point
such as a wastewater treatment facility or industrial discharge, but involves the transport of pollutants such as
sediment, fertilizers, pesticides, heavy metals, oil, grease, bacteria, organic materials and other contaminants from
land to surface water or groundwater via mechanisms such as precipitation, stormwater runoff, and leaching.
Nonpoint source pollution is a by-product of land use practices such as agricultural, silvicultural, mining,
construction, subsurface disposal and urban runoff sources.
"Overbank flood protection" means measures taken to prevent an increase in the frequency and magnitude
of out-of-bank flooding (i.e. flow events that exceed the capacity of the channel and enter the floodplain).
"Owner" means the legal or beneficial owner of a site, including, but not limited to, a mortgagee or vendee
in possession, receiver, executor, trustee, lessee or other person, firm or corporation in control of the site.

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"Person" means any individual, partnership, firm, association, joint venture, public or private corporation,
trust, estate, commission, board, public or private institution, utility, cooperative, City, county or other political
subdivision of the State, any interstate body or any other legal entity.
"Post-construction stormwater management" means stormwater best management practices that are used
on a permanent basis to control and treat runoff once construction has been completed in accordance with a
stormwater management plan.
"Post-development" means the conditions anticipated to exist on site immediately after completion of the
proposed development.
"Practicability policy" means the latest edition of the Metropolitan North Georgia Water Planning District's
Policy on Practicability Analysis for Runoff Reduction.
"Pre-development" means the conditions that exist on a site immediately before the implementation of the
proposed development. Where phased development or plan approval occurs (preliminary grading, roads and
utilities, etc.), the existing conditions at the time before the first item being approved or permitted shall establish
pre-development conditions.
"Pre-development hydrology" means:
1. For new development, the runoff curve number determined using natural conditions hydrologic
analysis based on the natural, undisturbed condition of the site immediately before implementation of
the proposed development; and
2. For redevelopment, the existing conditions hydrograph may take into account the existing
development when defining the runoff curve number and calculating existing runoff, unless the
existing development causes a negative impact on downstream property.
"Previously developed site" means a site that has been altered by paving, construction, and/or land
disturbing activity.
"Redevelopment" means structural development (construction, installation, or expansion of a building or
other structure), creation or addition of impervious surfaces, replacement of impervious surfaces not as part of
routine maintenance, and land disturbing activities associated with structural or impervious development on a
previously developed site. Redevelopment does not include such activities as exterior remodeling.
"Routine maintenance" means activities to keep an impervious surface as near as possible to its constructed
condition. This includes ordinary maintenance activities, resurfacing paved areas, and exterior building changes or
improvements which do not materially increase or concentrate stormwater runoff, or cause additional nonpoint
source pollution.
"Runoff." See definition for "stormwater runoff."
"Site" means an area of land where development is planned, which may include all or portions of one (1) or
more parcels of land. For subdivisions and other common plans of development, the site includes all areas of land
covered under an applicable land development permit.
"Stormwater concept plan" means an initial plan for post-construction stormwater management at the site
that provides the groundwork for the stormwater management plan, including the natural resources inventory,
site layout concept, initial runoff characterization, and first round stormwater management system design.
"Stormwater management plan" means a plan for post-construction stormwater management at the site
that meets the requirements of Subsection 15.6.8.D. and is included as part of the land development application.
"Stormwater management standards" means those standards set forth in Subsection 15.6.7.
"Stormwater management system" means the entire set of non-structural site design features and structural
BMPs for collection, conveyance, storage, infiltration, treatment, and disposal of stormwater runoff in a manner

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designed to prevent increased flood damage, streambank channel erosion, habitat degradation and water quality
degradation, and to enhance and promote the public health, safety and general welfare.
"Stormwater runoff" means flow along the surface of the ground, resulting from precipitation.
"Subdivision" means the division of a tract or parcel of land resulting in one (1) or more new lots or building
sites for the purpose, whether immediately or in the future, of sale, other transfer of ownership or land
development, and includes divisions of land resulting from or made in connection with the layout or development
of a new street or roadway or a change in an existing street or roadway.
Other terms used but not defined in this chapter shall be interpreted based on how such terms are defined
and used in the GSMM and the City of Stockbridge's MS4 permit.

15.6.3 Adoption and implementation of the GSMM; conflicts and inconsistencies.
A. In implementing this chapter, the City of Stockbridge shall use and require compliance with all relevant
design standards, calculations, formulas, methods, and other guidance from the GSMM as well as all related
appendices.
B. This chapter is not intended to modify or repeal any other chapter, ordinance, rule, regulation or other
provision of law, including, but not limited to, any applicable stream buffers under State and local laws, and
the Georgia Safe Dams Act and Rules for Dam Safety. In the event of any conflict or inconsistency between
any provision in the City of Stockbridge's MS4 permit and this chapter, the provision from the MS4 permit
shall control. In the event of any conflict or inconsistency between any provision of this chapter and the
GSMM, the provision from this chapter shall control. In the event of any other conflict or inconsistency
between any provision of this chapter and any other ordinance, rule, regulation or other provision of law, the
provision that is more restrictive or imposes higher protective standards for human health or the
environment shall control.
C. If any provision of this chapter is invalidated by a court of competent jurisdiction, such judgment shall not
affect or invalidate the remainder of this chapter.

15.6.4 Designation of administrator.
The city manager of the City of Stockbridge or designee may from time to time appoint an administrator to
administer, implement, and enforce this chapter.

15.6.5 Applicability criteria for stormwater management standards.
This chapter applies to the following activities:
A. New development that creates or adds five thousand (5,000) square feet or greater of new impervious
surface area or that involves land disturbing activity of one (1) acre of land or greater;
B. Redevelopment (excluding routine maintenance and exterior remodeling) that creates, adds, or
replaces five thousand (5,000) square feet or greater of new impervious surface area or that involves
land disturbing activity of one (1) acre or more.
C. New development and redevelopment if:
1. Such new development or redevelopment is part of a subdivision or other common plan of
development; and

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2. The sum of all associated impervious surface area or land disturbing activities that are being
developed as part of such subdivision or other common plan of development meets or exceeds
the thresholds in Subsections A. and B. above;
D. Any commercial or industrial new development or redevelopment, regardless of size, that is a hotspot
land use as defined in this chapter; and
E. Linear transportation projects that exceed the thresholds in Subsections A. and B. above.

15.6.6 Exemptions from stormwater management standards.
This chapter does not apply to the following activities:
A. Land disturbing activity conducted by local, State, authority, or Federal agencies, solely to respond to
an emergency need to protect life, limb, or property or conduct emergency repairs;
B. Land disturbing activity that consists solely of cutting a trench for utility work and related pavement
replacement;
C. Land disturbing activity conducted by local, State, authority, or Federal agencies, whose sole purpose is
to implement stormwater management or environmental restoration;
D. Repairs to any stormwater management system deemed necessary by the administrator;
E. Agricultural practices as described O.C.G.A. § 12-7-17(5) within areas zoned for these activities with the
exception of buildings or permanent structures that exceed the thresholds in Subsection 16.6.5.A. or
F. Silvicultural land management activities as described O.C.G.A. § 12-7-17(6) within areas zoned for
these activities with the exception of buildings or permanent structures that exceed the thresholds in
Subsections 15.6.5.A. or B.;
G. Installations or modifications to existing structures solely to implement Americans with Disabilities Act
(ADA) requirements, including, but not limited to, elevator shafts, handicapped access ramps and
parking, and enlarged entrances or exits; and
H. Linear transportation projects being constructed by the City of Stockbridge, other local governments,
or State agencies to the extent the administrator determines that the stormwater management
standards may be infeasible to apply, all or in part, for any portion of the linear transportation project.
For this exemption to apply, an infeasibility report that is compliant with the City of Stockbridge's linear
feasibility program shall first be submitted to the administrator that contains adequate documentation
to support the evaluation for the applicable portion(s) and any resulting infeasibility determination, if
any, by the administrator.

15.6.7 Stormwater management standards.
Subject to the applicability criteria in Subsections 15.6.5 and exemptions in Subsection 15.6.6, the following
stormwater management standards apply. Additional details for each standard can be found in the GSMM 2.2.2.2:
A. Design of Stormwater Management System. The design of the stormwater management system shall
be in accordance with the applicable sections of the GSMM as administered by the administrator. Any
design which proposes a dam shall comply with the Georgia Safe Dams Act and Rules for Dam Safety as
applicable.
B. Natural Resources Inventory. Site reconnaissance and surveying techniques shall be used to complete a
thorough assessment of existing natural resources, both terrestrial and aquatic, found on the site.

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Resources to be identified, mapped, and shown on the stormwater management plan, shall include, at
a minimum (as applicable):
1. Topography (minimum of two-feet contours) and steep slopes (i.e., areas with slopes greater
than fifteen percent (15%);
2. Natural drainage divides and patterns;
3. Natural drainage features (e.g., swales, basins, depressional areas);
4. Natural feature protection and conservation areas such as wetlands, lakes, ponds, floodplains,
stream buffers, drinking water wellhead protection areas and river corridors;
5. Predominant soils (including erodible soils and karst areas); and
6. Existing predominant vegetation, including trees, high quality habitat and other existing
vegetation.
C. Better Site Design Practices for Stormwater Management. Stormwater management plans shall
preserve the natural drainage and natural treatment systems and reduce the generation of additional
stormwater runoff and pollutants to the maximum extent practicable. Additional details can be found
in the GSMM 2.3.
D. Stormwater Runoff Reduction/Water Quality. Stormwater runoff reduction/water quality shall be
provided by using the following:
1. For development with a stormwater management plan submitted before December 6, 2020, the
applicant may choose either:
a. Runoff reduction; or
b. Water quality.
2. For development with a stormwater management plan submitted on or after December 6, 2020,
the applicant shall choose (a) runoff reduction and additional water quality shall not be required.
To the extent (a) runoff reduction has been determined to be infeasible for all or a portion of the
site using the practicability policy, then (b) water quality shall apply for the remaining runoff from
a one and two-tenths-inch rainfall event and must be treated to remove at least eighty percent
(80%) of the calculated average annual post-development total suspended solids (TSS) load or
equivalent as defined in the GSMM.
a. Runoff Reduction. The stormwater management system shall be designed to retain the first
one (1) inch of rainfall on the site using runoff reduction methods, to the maximum extent
practicable.
b. Water Quality. The stormwater management system shall be designed to remove at least
eighty percent (80%) of the calculated average annual post-development total suspended
solids (TSS) load or equivalent as defined in the GSMM for runoff from a one and two-
tenths-inch rainfall event.
3. If a site is determined to be a hotspot as detailed in Subsection 15.6.5, the City of Stockbridge
may require the use of specific or additional components for the stormwater management
system to address pollutants of concern generated by that site.
E. Stream Channel Protection. Stream channel protection shall be provided by using all of the following
three (3) approaches:
1. Twenty-four-hour extended detention storage of the one-year, twenty-four-hour return
frequency storm event;

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2. Erosion prevention measures, such as energy dissipation and velocity control; and
3. Preservation of any applicable stream buffer.
F. Overbank Flood Protection. Downstream overbank flood protection shall be provided by controlling
the post-development peak discharge rate to the pre-development rate for the twenty-five-year,
twenty-four-hour storm event.
G. Extreme Flood Protection. Extreme flood protection shall be provided by controlling and/or safely
conveying the one-hundred-year, twenty-four-hour storm event such that flooding and other damage
are not exacerbated.
H. Downstream Analysis. Due to peak flow timing and runoff volume effects, some structural components
of the stormwater management system fail to reduce discharge peaks to pre-development levels
downstream from the site. A downstream peak flow analysis shall be provided to the point in the
watershed downstream of the site or the stormwater management system where the area of the site
comprises ten percent (10%) of the total drainage area in accordance with GSMM 3.1.9. This is to help
ensure that there are minimal downstream impacts from development on the site. The downstream
analysis may result in the need to resize structural components of the stormwater management
system.
I. Stormwater Management System Inspection and Maintenance. The components of the stormwater
management system that will not be dedicated to and accepted by the City of Stockbridge, including all
drainage facilities, best management practices, credited conservation spaces, and conveyance systems,
shall have an inspection and maintenance agreement to ensure that they continue to function as
designed. All new development and redevelopment sites are to prepare a comprehensive inspection
and maintenance agreement for the onsite stormwater management system. This plan shall be written
in accordance with the requirements in Subsection 15.6.16.

15.6.8 Pre-submittal meeting, stormwater concept plan, and stormwater management plan
requirements.
A. Before a land development permit application is submitted, an applicant may request a pre-submittal
meeting with the City of Stockbridge. The pre-submittal meeting should take place based on an early step in
the development process such as before site analysis and inventory (GSMM 2.4.2.4) or the stormwater
concept plan (GSMM 2.4.2.5). The purpose of the pre-submittal meeting is to discuss opportunities,
constraints, and ideas for the stormwater management system before formal site design engineering. To the
extent applicable, local and regional watershed plans, greenspace plans, trails and greenway plans, and other
resource protection plans should be consulted in the pre-submittal meeting. Applicants must request a pre-
submittal meeting with the City of Stockbridge when applying for a determination of infeasibility through the
practicability policy.
B. The stormwater concept plan shall be prepared using the minimum following steps:
1. Develop the site layout using better site design techniques, as applicable (GSMM 2.3).
2. Calculate preliminary estimates of the unified stormwater sizing criteria requirements for stormwater
runoff reduction/water quality, channel protection, overbank flooding protection and extreme flood
protection (GSMM 2.2).
3. Perform screening and preliminary selection of appropriate best management practices and
identification of potential siting locations (GSMM 4.1).
C. The stormwater concept plan shall contain:
1. Common address and legal description of the site;

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2. Vicinity map; and
3. Existing conditions and proposed site layout mapping and plans (recommended scale of one (1) inch
equals fifty (50) feet), which illustrate at a minimum:
a. Existing and proposed topography (minimum of two-foot contours);
b. Perennial and intermittent streams;
c. Mapping of predominant soils from USDA soil surveys;
d. Boundaries of existing predominant vegetation and proposed limits of clearing and grading;
e. Location and boundaries of other natural feature protection and conservation areas such as
wetlands, lakes, ponds, floodplains, stream buffers and other setbacks (e.g., drinking water well
setbacks, septic setbacks, etc.);
f. Location of existing and proposed roads, buildings, parking areas and other impervious surfaces;
g. Existing and proposed utilities (e.g., water, sewer, gas, electric) and easements;
h. Preliminary estimates of unified stormwater sizing criteria requirements;
i. Preliminary selection and location, size, and limits of disturbance of proposed BMPs;
j. Location of existing and proposed conveyance systems such as grass channels, swales, and storm
drains;
k. Flow paths;
l. Location of the boundaries of the base flood floodplain, future-conditions floodplain, and the
floodway (as applicable) and relationship of site to upstream and downstream properties and
drainage; and
m. Preliminary location and dimensions of proposed channel modifications, such as bridge or culvert
crossings.
D. The stormwater management plan shall contain the items listed in this part and be prepared under the direct
supervisory control of either a registered professional engineer or a registered landscape architect licensed
in the State of Georgia. Items 3., 4., 5., and 6. shall be sealed and signed by a registered professional
engineer licensed in the State of Georgia. The overall site plan must be stamped by a design professional
licensed in the State of Georgia for such purpose (GSMM 2.4.2.7).
1. Natural resources inventory.
2. Stormwater concept plan.
3. Existing conditions hydrologic analysis.
4. Post-development hydrologic analysis.
5. Stormwater management system.
6. Downstream analysis.
7. Erosion and sedimentation control plan.
8. BMP landscaping plan.
9. Inspection and maintenance agreement.
10. Evidence of acquisition of applicable local and non-local permits.
11. Determination of infeasibility (if applicable).

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E. For redevelopment, and to the extent existing stormwater management structures are being used to meet
stormwater management standards, the following must also be included in the stormwater management
plan for existing stormwater management structures:
1. As-built drawings.
2. Hydrology reports.
3. Current inspection of existing stormwater management structures with deficiencies noted.
4. BMP landscaping plans.

15.6.9 Application fee.
The fee for review of any land development application shall be based on the fee structure established by
the City of Stockbridge, and payment shall be made before the issuance of any land disturbance permit or building
permit for the development.

15.6.10 Application procedures.
Land development applications are handled as part of the process to obtain the land disturbance permit
pursuant to Subsection 15.5.4. Before any person begins development on a site, the owner of the site shall first
obtain approval in accordance with the following procedure:
A. File a land development application with the City of Stockbridge with the following supporting
materials:
1. The stormwater management plan prepared in accordance Subsection 15.6.8.D.;
2. A certification that the development will be performed in accordance with the stormwater
management plan once approved;
3. A preliminary determination of infeasibility, as applicable, prepared in accordance with the
practicability policy; and
4. An acknowledgement that applicant has reviewed the City of Stockbridge's form of inspection
and maintenance agreement and that applicant agrees to sign and record such inspection and
maintenance agreement before the final inspection.
B. The director shall inform the applicant whether the application and supporting materials are approved
or disapproved.
C. If the application or supporting materials are disapproved, the Director shall notify the applicant of
such fact in writing. The applicant may then revise any item not meeting the requirements hereof and
resubmit the same for the administrator to again consider and either approve or disapprove.
D. If the application and supporting materials are approved, the City of Stockbridge may issue the
associated land disturbance permit or building permit, provided all other legal requirements for the
issuance of such permits have been met. The stormwater management plan included in such
applications becomes the approved stormwater management plan.

15.6.11 Compliance with the approved stormwater management plan.
All development shall be:
A. Consistent with the approved stormwater management plan and all applicable land disturbance and
building permits; and

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B. Conducted only within the area specified in the approved stormwater management plan.
No changes may be made to an approved stormwater management plan without review and advanced written
approval by the administrator.

15.6.12 Inspections to ensure plan compliance during construction.
Periodic inspections of the stormwater management system during construction shall be conducted by the
staff of the City of Stockbridge or conducted and certified by a professional engineer who has been approved by
the City of Stockbridge. Inspections shall use the approved stormwater management plan for establishing
compliance. All inspections shall be documented with written reports that contain the following information:
A. The date and location of the inspection;
B. Whether the stormwater management system is in compliance with the approved stormwater
management plan;
C. Variations from the approved stormwater management plan; and
D. Any other variations or violations of the conditions of the approved stormwater management plan.

15.6.13 Final inspection; as-built drawings; delivery of inspection and maintenance
agreement.
Upon completion of the development, the applicant is responsible for:
A. Certifying that the stormwater management system is functioning properly and was constructed in
conformance with the approved stormwater management plan and associated hydrologic analysis;
B. Submitting as-built drawings showing the final design specifications for all components of the
stormwater management system as certified by a professional engineer;
C. Certifying that the landscaping is established and installed in conformance with the BMP landscaping
plan; and
D. Delivering to the City of Stockbridge a signed inspection and maintenance agreement that has been
recorded by the owner in the property record for all parcel(s) that make up the site.
The required certification under Subsection A. shall include a certification of volume, or other performance
test applicable to the type of stormwater management system component, to ensure each component is
functioning as designed and built according to the design specifications in the approved stormwater management
plan. This certification and the required performance tests shall be performed by a qualified person and submitted
to the City of Stockbridge with the request for a final inspection. The City of Stockbridge shall perform a final
inspection with applicant to confirm applicant has fulfilled these responsibilities.

15.6.14 Violations and enforcement.
Any violation of the approved stormwater management plan during construction, failure to submit as-built
drawings, failure to submit a final BMP landscaping plan, or failure of the final inspection shall constitute and be
addressed as violations of, or failures to comply with, the underlying land disturbance permit pursuant to
Subsection 16.5.4. To address a violation of this chapter, the City of Stockbridge shall have all the powers and
remedies that are available to it for other violations of building and land disturbance permits, including, without
limitation, the right to issue notices and orders to ensure compliance, stop work orders, and penalties as set forth
in Subsection 15.5.5.A., Inspection and Enforcement of LDP, and 15.5.6, Penalties and Incentives for Violations of
LDP process.

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15.6.15 Maintenance by owner of stormwater management systems predating current
GSMM.
For any stormwater management systems approved and built based on requirements predating the current
GSMM and that is not otherwise subject to an inspection and maintenance agreement, such stormwater
management systems shall be maintained by the owner so that the stormwater management systems perform as
they were originally designed.

15.6.16 Inspection and maintenance agreements.
A. The owner shall execute an inspection and maintenance agreement with the City of Stockbridge obligating
the owner to inspect, clean, maintain, and repair the stormwater management system; including vegetation
in the final BMP landscaping plan. The form of the inspection and maintenance agreement shall be the form
provided by the City of Stockbridge. After the inspection and maintenance agreement has been signed by the
owner and the City of Stockbridge, the owner shall promptly record such agreement at the owner's cost in
the property record for all parcel(s) that make up the site.
B. The inspection and maintenance agreement shall identify by name or official title the person(s) serving as the
point of contact for carrying out the owner's obligations under the inspection and maintenance agreement.
The owner shall update the point of contact from time to time as needed and upon request by the City of
Stockbridge. Upon any sale or transfer of the site, the new owner shall notify the City of Stockbridge in
writing within thirty (30) days of the name or official title of new person(s) serving as the point of contact for
the new owner. Any failure of an owner to keep the point of contact up to date shall, following thirty (30)
days' notice, constitute a failure to maintain the stormwater management system.
C. The inspection and maintenance agreement shall run with the land and bind all future successors-in-title of
the site. If there is a future sale or transfer of only a portion of the site, then:
1. The parties to such sale or transfer may enter into and record an assignment agreement designating
the owner responsible for each portion of the site and associated obligations under the inspection and
maintenance agreement. The parties shall record and provide written notice and a copy of such
assignment agreement to the City of Stockbridge.
2. In the absence of a recorded assignment agreement, all owners of the site shall be jointly and severally
liable for all obligations under the inspection and maintenance agreement regardless of what portion
of the site they own.

15.6.17 Right-of-entry for maintenance inspections.
The terms of the inspection and maintenance agreement shall provide for the City of Stockbridge's right-of-
entry for maintenance inspections and other specified purposes. If a site was developed before the requirement to
have an inspection and maintenance agreement or an inspection and maintenance agreement was for any reason
not entered into, recorded, or has otherwise been invalidated or deemed insufficient, then the City of Stockbridge
shall have the right to enter and make.

15.6.18 Owner's failure to maintain the stormwater management system.
The terms of the inspection and maintenance agreement shall provide for what constitutes a failure to
maintain a stormwater management system and the enforcement options available to the City of Stockbridge. If a
site was developed before the requirement to have an inspection and maintenance agreement or an inspection

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and maintenance agreement was for any reason not entered into, recorded, or has otherwise been invalidated or
deemed insufficient, then:
A. An owner's failure to maintain the stormwater management system so that it performs as it was
originally designed shall constitute and be addressed as a violation of, or failure to comply with,
owner's property maintenance obligations; and
B. To address such a failure to maintain the stormwater management system, the City of Stockbridge shall
have all the powers and remedies that are available to it for other violations of an owner's property
maintenance obligations, including, without limitation, prosecution, penalties, abatement, and
emergency measures.

15.7 Stormwater management.

15.7.1 Findings.
The city council makes the following findings:
A. Given the needs, goals, program priorities and funding opportunities identified in the professional
engineering and financing analysis, it is appropriate to authorize the formation of an organizational and
accounting entity dedicated specifically to the management, maintenance, protection, control,
regulation, use and enhancement of stormwater systems in the city in concert with other water
resource management programs.
B. Stormwater management is applicable and needed throughout the corporate limits of Stockbridge.
C. The stormwater needs in the city include, but are not limited to, protecting the public health, safety
and welfare. Provision of stormwater management programs and facilities renders and/or results in
both service and benefit to all properties, property owners, citizens and residents of Stockbridge in a
variety of ways as identified in the professional engineering and financial analysis.
D. The city presently owns and operates stormwater management systems and facilities which have been
developed over many years. The future usefulness of the existing stormwater systems owned and
operated by the city, and of additions and improvements thereto, rests on the ability of the city to
effectively manage, protect, control, regulate, use and enhance stormwater systems and facilities in
Stockbridge in concert with the management of other water resources in the city. In order to do so, the
city must have adequate and stable funding for its stormwater management program operating and
capital investment needs.

15.7.2 Establishment of a utility and enterprise fund.
A. There is hereby established a stormwater management utility within the Stockbridge utility department
which shall be responsible for stormwater management throughout the city's corporate limits, and shall
provide for the management, protection, control, regulation, use and enhancement of stormwater systems
and facilities. Such utility shall be under the direction of a stormwater utility director.
B. The city manager and city clerk shall establish a stormwater enterprise fund in the city budget and
accounting system, separate and apart from its general fund, for the purpose of dedicating and protecting all
funding applicable to the purposes and responsibilities of the utility, including, but not limited to, rentals,
rates, charges, fees and licenses as may be established by the city council. All revenues and receipts of the
stormwater utility shall be deposited promptly upon receipt into the stormwater enterprise fund, to be held
and invested in trust for the purposes dedicated, and expended exclusively for purposes of the utility,
including capital project construction. No other funds of the city shall be deposited in the stormwater

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enterprise fund or commingled with dedicated stormwater revenues, except that other revenues, receipts
and resources not accounted for in the stormwater enterprise fund, including, but not limited to, grants,
transfers of city funds, loans and bond proceeds may be combined with and applied to stormwater
management capital projects as deemed appropriate by the city council, upon recommendation of the city
manager.
C. The city council hereby transfers to the stormwater utility director operational control over the existing
stormwater management systems and facilities owned and heretofore operated by the city and other related
assets, including, but not limited to, properties upon which such facilities are located, easements, rights-of-
entry and access and certain equipment.

15.7.3 Definitions.
"Credit" means a conditional reduction in the amount of a stormwater service charge to an individual
property based on the provision and continuing presence of an effectively maintained and operational on-site
stormwater system or facility or the provision of a service or activity by property owner, which system, facility,
service or activity reduces the stormwater utility's cost of providing stormwater services and facilities. Credits for
on-site stormwater systems shall be generally proportional to the affect that such systems have on the peak rate
of runoff from the site.
"Customers of the stormwater management utility" includes all persons, properties and entities served by
and/or benefiting from the utility's acquisition, management, maintenance, extension and improvement of the
public stormwater management systems and facilities and regulation of public and private stormwater systems,
facilities and activities related thereto, and persons, properties and entities which will ultimately be served or
benefited as a result of the stormwater management program.
"Detached dwelling unit" means developed land containing one (1) structure which is not attached to
another dwelling and which contains one (1) or more bedrooms, with a bathroom and kitchen facilities, designed
for occupancy by one (1) family. Detached dwelling units may include houses, manufactured homes and mobile
homes located on one (1) or more individual lots or parcels of land. Developed land may be classified as a
detached dwelling unit despite the presence of incidental structures associated with residential uses such as
garages, carports or small storage buildings, or the presence of a commercial use within the dwelling unit so long
as such use does not result in additional impervious areas such as parking spaces, playgrounds or structures or
additions to the building which are used as offices, storage facilities, meeting rooms, classrooms, houses of
worship or similar non-residential uses. Detached dwelling unit shall not include developed land containing:
structures used primarily for non-residential purposes, manufactured homes and mobile homes located within
manufactured home or mobile home parks where the land is owned by others than the owners of the
manufactured homes or mobile homes or multiple dwelling unit residential properties.
"Developed land" means all real property altered from its natural state by grading, paving, compaction,
construction of structures, impervious services or drainage works so that hydrologic response of the property is
changed from that which would occur in the natural undeveloped condition.
"Duplexes and triplexes" means developed land containing two (2) (duplex) or three (3) (triplex) attached
residential dwelling units located on one (1) or more parcels of land.
"Equivalent runoff unit (ERU)" is defined to serve as a reference point for comparing dissimilar properties
and attaining an equitable distribution of the cost of services and facilities through a stormwater management
service charge. The equivalent runoff unit in Stockbridge has been determined through engineering and analysis to
include two (2) primary parameters with the following metrics: (1) one (1) acre of gross area, and (2) two thousand
(2,000) square feet of impervious area. These units will be used to determine and compute the service charge for
all properties within the city.

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"Hydrologic response" of a property is the manner and means whereby stormwater collects, remains,
infiltrates and is conveyed from a property. It is dependent on several factors including, but not limited to, the
presence of impervious area; the size, shape, topographic, vegetative and geologic conditions of a property;
antecedent moisture conditions; and groundwater conditions on a property.
"Impervious" means not allowing the passage of water through the surface on the ground or ground
covering or a substantial reduction in the capacity for water to pass through the surface of the ground or ground
covering as it would under natural conditions. The following types of surfaces will be considered "impervious" for
purposes of the stormwater utility: the projected area of buildings; asphalt-, concrete-, brick- or stone-paved
areas; improved vehicular drives and parking areas; compacted gravel and soil surfaces; fabric or plastic coverings;
and other surfaces that prevent or impede the natural infiltration of stormwater runoff or that change the
hydrologic response of the property that existed prior to development.
"Multiple dwelling unit residential properties" means developed land whereon four (4) or more attached
residential dwelling units are located and shall include, but not be limited to, apartment houses, condominiums,
town homes, attached single-family homes, boarding houses, group homes, hotels and motels, retirement centers
and other structures in which four (4) or more family groups commonly and normally reside or could reside. In the
application of stormwater service charge rates, multiple dwelling unit properties shall be treated as other
developed lands.
"Other developed land" means, but shall not be limited to, multiple dwelling unit residential properties,
manufactured home and mobile home parks, commercial and office buildings, public buildings and structures,
industrial and manufacturing buildings, storage buildings and storage areas covered with impervious surfaces,
parking lots, parks, recreation properties, public and private schools and universities, research stations, hospitals
and convalescent centers, airports, agricultural uses covered by impervious surfaces, water reservoirs and water
and wastewater treatment plants.
"Service charges" means the periodic rate, fee or charge applicable to a parcel of land, which charge shall be
reflective of the service provided by the city stormwater utility. Service charges are based on measurable
parameters which influence the stormwater utility's cost of providing services and facilities, with the most
important factor being the amount of impervious area on each parcel of land. The use of impervious area as a
service charge rate parameter shall not preclude the use of other parameters, or the grouping of properties having
similar characteristics through the use of ranges or rounding up or down to a consistent numerical interval, or the
use of flat rate charges for one (1) or more classes of similarly situated properties whose impact on the stormwater
utility's cost of providing stormwater management services and facilities is relatively consistent. Stormwater
service charges may also include special charges to the owners of particular properties for services or facilities
uniquely related to stormwater management of that property, including, but not limited to, charges for
development plan review, inspection of development projects and on site stormwater control systems and
enhanced level of stormwater services above those normally provided by the city.
"Stormwater management systems" includes facilities, operations and programs that address the issues of
drainage management (flooding) and environmental quality (pollution, erosion and sedimentation) of receiving
rivers, streams, creeks, lakes, ponds and reservoirs through improvements, maintenance, regulation and funding
of plants, works, instrumentalities and properties used or useful in the collection, retention, detention and
treatment of stormwater or surface water drainage.
"Undeveloped land" means land in its unaltered natural state or which has been notified to such minimal
degree as to have a hydrologic response comparable to land in an unaltered natural state shall be deemed
undeveloped. Undeveloped land shall have no pavement, asphalt or compacted gravel surfaces or structures which
create an impervious surface that would prevent infiltration of stormwater or cause stormwater to collect,
concentrate or flow in a manner materially different than that which would occur if the land was in an unaltered
natural state.

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15.7.4 Scope of responsibility for the city stormwater system.
A. The stormwater management utility shall be responsible for stormwater management throughout the
corporate limits of the city government. The utility shall provide for the conservation, management,
protection, control, use and enhancement of stormwater through planning, acquisition, construction,
installation, management, operation, maintenance, regulation, extension and improvement of the public
stormwater systems to collect, control, convey, store, detain, retain, recharge and treat stormwater and
through regulation of stormwater management systems on private property. It shall be the long-term
objective of the city to provide a comparable and consistent level of stormwater service to similarly situated
properties throughout the service area.
B. The city stormwater system consists of all rivers, streams, creeks, branches, lakes, reservoirs, ponds,
drainage ways, channels, ditches, swales, storm sewers, culverts, inlets, catch basins, pipes, head walls and
other structures, natural or man made, within the political boundaries of the City of Stockbridge which
control and/or convey stormwater through which the city intentionally diverts surface waters from its public
streets and properties. The city owns or has legal access for purposes of operation, maintenance and
improvements to those segments of this system which:
1. Are located within public streets, rights-of-way and easements;
2. Are subject to easements, rights-of-entry, rights-of-access, rights-of-use or other permanent provisions
for adequate access for operation, maintenance and/or improvement of systems and facilities; or
3. Are located on public lands to which the city has adequate access for operation, maintenance and/or
improvement of systems and facilities.
C. Operation and maintenance of stormwater systems and facilities which are located on private property or
public property not owned by the city and for which there has been no public dedication of such systems and
facilities for operation, maintenance and/or improvement of the systems and facilities shall be and remain
the legal responsibility of the property owner, or its occupant, or the homeowner's association in the case of
a development, except as that responsibility may be otherwise affected by the laws of the State of Georgia
and/or the United States of America. Where no dedication has been made and a private individual, entity or
homeowner's association becomes responsible for the maintenance of a facility or pond following the
expiration of the developer's four-year maintenance bond, an easement in favor of the city shall be required.
If, at any time, a responsible party fails to maintain a stormwater facility or pond in the manner
contemplated by the city in Chapter 15.6, and specifically subsection 15.6.14, then the city will act to
maintain the facility or pond in a manner provided for under Chapter 15.6. The private party shall remain
responsible for all costs incurred for that maintenance provided by the city. For the purpose of the city's
conducting such maintenance activities all final subdivision plats that contemplate stormwater facilities or
ponds shall provide for, at minimum, a thirty-foot gravel easement from the existing public roadway to the
detention facility or pond.
D. It is the intent of the ordinance codified in this chapter to protect the public health, safety and general
welfare of all properties and persons in general, but not to create any special duty or relationship with any
individual person or to any specified property within or without the boundaries of the City of Stockbridge.
The city expressly reserves the right to assert all available immunities and defenses in any action seeking to
impose monetary damages upon the city, its officers, employees and agents arising out of any alleged failure
or breach of duty or relationship as may now exist or hereafter be created. To the extent any permit, plan
approval, inspection or similar act is required by the city as a condition precedent to any activity by or upon
property not owned by the city, pursuant to the ordinance codified in this chapter or any other regulatory
ordinance, regulation or rule of the city or under Federal or State law, the issuance of such permit, plan
approval or inspection shall not be deemed to constitute a warranty, express or implied, nor shall afford the

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basis for any action, including any action based on failure to permit or negligent issuance of a permit, seeking
the imposition of money damages against the city, its officers, employees or agents.

15.7.5 Requirements for on-site stormwater systems; inspections and enforcement methods.
A. The appropriate and efficacious management of the stormwater management system by the city on behalf
of all its citizens and in compliance with applicable State and Federal law places necessary and appropriate
obligations on private property owners as well. All property owners and developers of developed real
property within the city shall provide, manage, maintain and operate on-site stormwater systems sufficient
to collect, convey, detain and discharge stormwater in a safe manner consistent with all city development
regulations and the laws of the State of Georgia and the United States of America following the expiration of
any existing maintenance bond by a builder or developer. The city shall have the right, pursuant to the
authority of the ordinance codified in this chapter, for its designated officers and employees to enter upon
private and public property owned by entities other than the city, upon reasonable notice to the owner
thereof, to inspect the property and conduct surveys and engineering tests thereon in order to assure
compliance, as well as to conduct maintenance that has not been properly conducted as contemplated by
the city's Code.
B. Any failure to meet the obligations set forth in this chapter shall constitute a nuisance and be subject to an
abatement action filed by the city in the municipal court. In the event a public nuisance is found by the court
to exist, which the owner fails to properly abate within such reasonable time as allowed by the court, the city
may enter upon the property and cause such work as is reasonably necessary to be performed pursuant to
the guidelines set out in the city Code.
C. The property owners that are serviced by stormwater facilities and the titleholder to the property upon
which the stormwater facilities are located shall be responsible for the continued maintenance and payment
of all expenses incurred for the operation, maintenance and repair of facilities.
State law reference(s)—O.C.G.A. § 9-12-81(b).

15.7.6 General funding policy.
A. It shall be the policy of the city that funding for the stormwater utility is equitably derived through methods
that have demonstrable relationships to the varied demands and costs imposed on the stormwater systems
and programs and/or the level of service provided as a result of the provision of stormwater services and
facilities.
B. Service charges for stormwater management shall be fair and reasonable and shall bear a substantial
relationship to the cost of providing services and facilities. The cost of stormwater services and facilities may
include administrative, operating, capital investment, debt service, engineering and planning and reserve
expenses, and may also include related regulatory expenses associated with watershed management
requirements. Properties shall be charged rentals, rates, charges, fees or licenses in proportion to their
related cost of service impact.
C. Service charge rates shall be designed to be consistent and coordinated with the use of other funding
methods employed for stormwater management by the city, whether within or outside the stormwater
utility, including, but not limited to, plan review and inspection fees, special fees for services, fees in lieu of
regulatory requirements, impact fees, system development charges and special assessments.

15.7.7 Effective date of stormwater charges.
Stormwater service charges shall accrue beginning January 1, 2022, and shall be billed periodically thereafter
to customers, except as specific exemptions and credits may apply.

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15.7.8 Stormwater management utility service charges.
A. There are hereby established stormwater management utility service charges that shall be billed to all
properties in the Stockbridge service area, except as specific exemptions or credits may allow for in the
ordinance codified in this chapter or shall allow in future ordinances or amendments to this chapter. The
stormwater management utility service charges may, but are not required to, include a service rate charge
applied to each property. The service rate charge, if applied, shall be related generally to the amount and
quality of runoff discharged to the public stormwater systems and stormwater receiving waters and to the
costs of services associated with stormwater management. The service charge may also include a base rate
charge for certain costs of service common to all stormwater management accounts, and/or special service
charges to persons, entities or properties that require services and/or facilities not commonly needed by all
persons, entities or properties.
B. The service rate charge, if applied, shall be reflective of the cost of providing services and facilities to
properly control storm-water runoff quantity and quality. The three (3) most important factors in the city's
present cost of providing stormwater management services and facilities to individual properties are:
1. The size of each property;
2. The amount of impervious area on each property; and
3. The number of parcels in the service area.
C. A base rate charge, if applied, shall be structured to recover those stormwater management costs of service
that are not related to the size of individual properties or the amount of impervious area on individual
properties, and may include, but are not limited to, the cost of billing and accounting for service charges to
each account and other administrative and overhead expenses.
D. Special service charges, if applied, shall be structured to recover the cost of providing to certain persons,
entities and properties types or levels of stormwater management services that are not commonly required
by all stormwater service charge ratepayers. Such services may include, but are not limited to, private
development plan review and inspection, site inspections to verify the operational condition of on-site
stormwater management systems, such as private detention/retention and conveyance facilities, monitoring
and mitigative activities related to conditions on individual properties that impact water quality and actions
to abate conditions on private properties that do not comply with adopted city standards and/or that
interfere with proper stormwater management and have been determined to constitute a public nuisance.
E. The professional engineering and management analysis conducted for the city determined that properties
within the city service area classified as single-family residential property can be equitably and fairly charged
based on a two-tier grouping according to the number of ERUs and parcel area. This method greatly
simplified the computation of charges and reduces significantly the costs associated with individually unique
parcel measurements. Tier 1 properties in this class are all parcels up to ten thousand (10,000) square feet in
size; Tier 2 properties are parcels greater than ten thousand (10,000) square feet in size. Tier 1 parcels are
assessed one (1) ERU, and Tier 2 parcels are assessed two (2) ERUs. The mayor and city council hereby adopt
these values as representative of the conditions of single-family residential property in Stockbridge. These
values shall serve as the basis on which service rate charges will be calculated. Each single-family residential
property shall be billed a stormwater service rate charge for the number of ERUs and the whole number of
acres of parcel area. Tier 1 and Tier 2 parcels are assigned an acreage charge based on the actual acreage to
the next whole integer.
F. Properties classified as nonresidential shall be billed on the basis of the number of ERUs and acres calculated
to exist. Each acre or fraction thereof and ERU or fraction thereof shall be charged a service rate charge at
the rate per ERU of impervious area and each acre unit as defined below.

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G. The method of calculating the service rate charge for all properties shall be as follows:
Parcel Fee = (IR) x (ERUs) + (AR) x (AU) + (AF)
IR is the impervious area rate as established by this chapter or by amendment to this chapter. It is applied to
the number of ERUs rounded to the next whole number. An ERU is defined as two thousand (2,000) square feet of
impervious area.
AR is the gross area rate as established by this chapter or by amendment to this chapter. It is applied to the
number of acre units (AUs) in the parcel rounded to the next whole acre.
AF is the administrative cost factor established by this chapter or by amendment to this chapter. The AF is
applied as a fixed uniform flat charge to each parcel.
H. The annual IR per ERU for the service rate charge applicable to each property shall be fifteen dollars and
seventy cents ($15.70) unless modified to equitably account for special conditions on an individual property,
adjusted for a particular property through the appeal process specified in this chapter, or changed hereafter
by ordinance.
I. The annual AR per AU for the service rate charge applicable to each property shall be zero dollars ($0.00)
unless modified to equitably account for special conditions on an individual property, adjusted for a
particular property through the appeal process specified in this chapter, or changed hereafter by ordinance.
J. The annual base rate charge AF per ach billed account shall be three dollars and sixty-six cents ($3.66) unless
changed hereafter by ordinance.

15.7.9 Exemptions and credits applicable to stormwater service charges.
Except as provided in this section, no public or private property shall be exempt from stormwater utility
service charges or receive a credit or offset against such service charges. No exception, credit, offset or other
reduction in stormwater service charges shall be granted based on the age, tax or economic status, race or religion
of the customer, or other condition unrelated to the stormwater utility's cost of providing stormwater services and
facilities. A stormwater utility service charge credit technical manual will be prepared by the city's consulting
engineers specifying the design and performance standards of on-site systems, facilities, activities and services
which quality application of a service charge credit, and how such credits shall be calculated. This manual will be
separately approved by the city council and, by reference, incorporated herein.
A. Undeveloped land as defined in this chapter shall be exempt from stormwater service charges.
B. Developed land other than individual detached dwelling units, including, but not limited to, multiple
dwelling unit residential properties, manufactured home and mobile home parks, commercial and
office buildings, public buildings and structures, industrial and manufacturing buildings, storage
buildings and storage areas covered with impervious surfaces, parking lots, public streets, roads, alleys
and byways, parks, recreation properties, public and private schools and universities, research stations,
hospitals and convalescent centers, airports, agricultural uses covered by impervious surfaces, water
reservoirs and water and wastewater treatment plants may receive a stormwater service charge credit.
The stormwater service charge credit shall be determined based on the technical requirements and
standards contained in the stormwater utility service charge credit technical manual. The stormwater
service charge credit may be up to one hundred percent (100%) of the service charge applicable to a
property, and shall be proportional to the extent that on-site systems, facilities, services and activities
provided, operated and maintained by the property owner reduce or mitigate the stormwater utility's
cost of providing services and facilities.
C. Groups of detached dwelling units represented by an incorporated homeowner's association providing
on-site systems, facilities, services or activities which reduce or mitigate the stormwater utility's cost of

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providing services and facilities may receive a stormwater service charge credit. The stormwater
service charge credit shall be determined based on the technical requirements and standards
contained in the stormwater utility service charge credit technical manual. The stormwater service
charge credit available to groups of detached dwelling units may be up to one hundred percent (100%)
of the service charge applicable to the individual properties, and shall be proportional to the extent
that on site systems, facilities, services and activities provided, operated and maintained by the
homeowners association reduce or mitigate the stormwater utility's cost of providing services and
facilities.
D. Any credit allowed against the service charge is conditioned on continuing compliance with the city's
design and performance standards as stated in the stormwater utility service charge credit technical
manual and/or upon continuing the provision of the systems, facilities, services and activities provided,
operated and maintained by the property owner or owners upon which the credit is based. A credit
may be revoked by the city at any time for noncompliance.
E. In addition to the foregoing credits based upon the design and performance of on-site systems, an
educational credit shall be available to all public and private schools or school systems which agree to
teach the WATER WISE program, an environmental science curriculum approved by the Georgia
Department of Education, in grades one (1) through twelve (12). The educational credit may be up to
fifty percent (50%) of the service charge applicable to a school property, and shall be proportional to
the extent the approved curriculum is taught. Educational credits may be taken in conjunction with any
other credit available under this section. The superintendent of schools shall certify annually to the
stormwater utility director, before August 1, the extent to which the curriculum was taught.

15.7.10 Stormwater service charge billing, delinquencies, collections.
A. Stormwater management utility service charges shall be billed and collected in the manner and at the
interval deemed most efficient by the city and shall be payable in accordance with the rules and regulations
of the city finance department as applied generally to all bills. A stormwater service charge bill may be sent
through the United States mail or by an alternate means notifying the customer of the amount of the bill, the
date the payment is due and the past due date. Failure to receive a bill is not justification for nonpayment.
Regardless of the party to whom the bill is initially directed, the owner of each parcel of developed land, as
shown from public land records of Henry County, shall be ultimately obligated to pay such fee. If a customer
is under billed or if no bill is sent, the city may back bill for a period of up to one (1) year, but shall not assess
penalties for any delinquency. A one and one-half percent (1.5%) per month late charge shall be billed based
on the unpaid balance of any stormwater management utility service charge that becomes delinquent.
B. The stormwater service charge may be billed on a common statement and collected with other utility
services through separate bills or any other method by which the city could bill property owners.
C. Any stormwater management utility service charge or portion of a service charge not paid when due may be
recovered in an action at law or equity by the city.
D. In addition to any other remedies or penalties provided by the ordinance codified in this chapter or any other
ordinance of the city, failure to pay any utility service charge when billed in conjunction with another utility
bill may result in a discontinuance of any or all other utility services provided by the city or by other with
whom contractual agreements provide for discontinuance of service for nonpayment. The owner of each
property, building, premises, lot or house shall be obligated to pay such fee, which shall be enforceable by
the city by action at law or equity.
E. No lien shall be imposed for delinquent collections unless a judgment is first obtained from a court of
competent jurisdiction.

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F. Suits for collection shall be commenced by the city in the county of the owner's residence; provided,
however, if the owner is not a resident of this State, suit may be filed in the Superior or State Court of Henry
County, Georgia. If a suit is instituted by the city for collection, the owner shall pay court costs, litigation
expenses and reasonable attorney's fees incurred by the city.
G. If suit is instituted for the collection of any fees due hereunder or for the enforcement of the provisions of
this chapter, the owner shall pay the court costs, litigation expenses and reasonable attorney's fees
associated therewith.

15.7.11 Appeals.
Any customer who believes the provisions of this chapter have been applied in error may appeal in the
following manner:
A. An appeal must be filed in writing with the city stormwater utility director within thirty (30) days of the
action causing the appeal. In the case of service charge appeals, the appeal shall include a survey
prepared by a registered land surveyor or professional engineer containing information on the total
property area, the impervious surface area and any other features or conditions which influence the
hydrologic response of the property to rainfall events.
B. Based on the information provided, a technical review shall be conducted by the stormwater utility
director of the stormwater management utility and a written determination will be issued within thirty
(30) days of receipt of the appeal stating whether an adjustment to the service charge is appropriate
and, if so, the amount of such adjustment. The written decision will be served on the appellant
personally or by registered or certified mail, sent to the billing address of the appellant, or by email,
sent to the email address of the appellant provided in the appeal.
C. In response to an appeal, the stormwater utility director may adjust the stormwater service charge
applicable to a property in conformance with the general purpose and intent of this chapter.
D. A decision of the stormwater utility director which is adverse to an appellant may be further appealed
to the city manager within thirty (30) days of receipt of notice of the adverse decision. Notice of the
appeal shall be served on the city manager by the appellant, personally or by registered or certified
mail, sent to the city manager of the City of Stockbridge at the business address of the city, stating the
grounds for the appeal. The city manager shall issue a written decision on the appeal within thirty (30)
days of receipt of the appeal. All decisions of the city manager shall be served on the appellant
personally or by registered or certified mail, sent to the billing address of the appellant, or by email,
sent to the email address of the appellant provided in the appeal.
E. If the person or entity seeking adjustment or relief from the service charge desires, the decision of the
city manager may be appealed in writing to the mayor and city council. Such appeals must be made
within thirty (30) days of the decision of the city manager and include a written basis for the appeal.
The decision of the mayor and city council shall be made within sixty (60) days of the submission of
appeal by the applicant.
F. This appeal process shall not interfere with the rights of the person or entity to seek judicial relief in a
court of competent jurisdiction but shall be exhausted before judicial relief is pursued. Any appeal to
the Superior Court of Henry County must be filed within thirty (30) days of the decision of the mayor
and city council.
G. Notices of the appeal and decisions shall be served personally or delivered by registered or certified
mail to the address of record or delivered by or by email to the email address of the appellant provided
in the appeal.

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15.8 Illicit discharge and illegal connection.

15.8.1 General provisions.
A. Purpose and Intent. The purpose of this chapter is to protect the public health, safety, environment and
general welfare through the regulation of non-stormwater discharges to the city's separate storm sewer
system to the maximum extent practicable as required by Federal law. This chapter establishes methods for
controlling the introduction of pollutants into the city's separate storm sewer system in order to comply with
requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives
of this chapter are to:
1. Regulate the contribution of pollutants to the city's separate storm sewer system by any person;
2. Prohibit illicit discharges and illegal connections to the city's separate storm sewer system;
3. Prevent non-stormwater discharges, generated as a result of spills, inappropriate dumping or disposal,
to the city's separate storm sewer system; and
4. To establish legal authority to carry out all inspection, surveillance, monitoring and enforcement
procedures necessary to ensure compliance with the provisions of this chapter.
B. Applicability. The provisions of this chapter shall apply throughout the municipal boundaries of the city and
to all discharges entering the city's storm drain system generated on any developed and undeveloped lands
unless explicitly exempted by an authorized enforcement agency.
C. Compatibility with Other Regulations. This chapter is not intended to modify or repeal any other ordinance,
rule, regulation or other provision of law. The requirements of the ordinance codified in this chapter are in
addition to the requirements of any other ordinance, rule, regulation or other provision of law, and where
any provision of the ordinance codified in this chapter imposes restrictions different from those imposed by
any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or
imposes higher protective standards for human health or the environment shall control.
D. Responsibility for Administration. The authorized enforcement agency shall administer, implement and
enforce the provisions of this chapter. Any powers granted or duties imposed upon the authorized
enforcement agency may be delegated in writing by the authorized enforcement agency to persons or
entities acting in the beneficial interest of or in the employment of the agency.

15.8.2 Definitions.
"Accidental discharge" means a discharge prohibited by this chapter which occurs by chance and without
planning or thought prior to occurrence.
"Authorized enforcement agency" means employees or designees of the city manager designated to enforce
the provisions of this chapter.
"Best management practices (BMPs)" means schedules of activities, prohibitions of practices, general good
house keeping practices, pollution prevention and educational practices, maintenance procedures and other
management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater,
receiving waters or stormwater conveyance systems. BMPs also include treatment practices, operating procedures
and practices to control site runoff, spillage or leaks, sludge or water disposal or drainage from raw materials
storage.
"City's separate storm sewer system" means any facility designed or used for collecting and/or conveying
stormwater, including, but not limited to, any roads with drainage systems, highways, city streets, curbs, gutters,

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inlets, catch basins, piped storm drains, pumping facilities, structural stormwater controls, ditches, swales, natural
and man made or altered drainage channels, reservoirs and other drainage structures, and which is:
1. Owned or maintained by the city;
2. Not a combined sewer; and
3. Not part of a publicly-owned treatment works.
"Clean Water Act" means the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any
subsequent amendments thereto.
"Construction activity" means activities subject to the Georgia Erosion and Sedimentation Control Act or
NPDES General Construction Permits. These include construction projects resulting in land disturbance. Such
activities include, but are not limited to, clearing and grubbing, grading, excavating and demolition.
"Hazardous materials" means any material, including any substance, waste or combination thereof, which
because of its quantity, concentration or physical, chemical or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human health, safety, property or the environment
when improperly treated, stored, transported, disposed of or otherwise managed.
"Illegal connection" means either of the following:
1. Any pipe, open channel, drain or conveyance, whether on the surface or subsurface, which allows an
illicit discharge to enter the storm drain system, including, but not limited to, any conveyances which
allow any non-stormwater discharge, including sewage, process wastewater and wash water to enter
the storm drain system, regardless or whether such pipe, open channel, drain or conveyance has been
previously allowed, permitted or approved by an authorized enforcement agency; or
2. Any pipe, open channel, drain or conveyance connected to the city's separate storm sewer system
which has not been documented in plans, maps or equivalent records and approved by an authorized
enforcement agency.
"Illicit discharge" means any direct or indirect non-stormwater discharge to the city's separate storm sewer
system, except as exempted in subsection 16.8.3.
"Industrial activity" means activities subject to NPDES Industrial Permits as defined in CFR 40, Section
122.26(b)(14).
"National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit" means a permit
issued by the Georgia EPD under authority delegated pursuant to 33 USC § 1342(b) that authorizes the discharge
of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general
area-wide basis.
"Non-stormwater discharge" means any discharge to the storm drain system that is not composed entirely of
stormwater.
"Person" means, except to the extent exempted from this chapter, any individual, partnership, organization,
firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private
institution, utility, cooperative, city, county or other political subdivision of the State, any interstate body or any
other entity recognized by law and acting as either the owner or as the owner's agent.
"Pollutant" means anything which causes or contributes to pollution. Pollutants may include, but are not
limited to: Paints, varnishes and solvents; petroleum hydrocarbons; oil and other automotive fluids; cooking
grease; detergents (biodegradable or otherwise); degreasers; cleaning chemicals; non-hazardous liquid and solid
wastes and yard wastes; refuse, rubbish, garbage, litter or other discarded or abandoned objects and
accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides and fertilizers;
hazardous substances and wastes; liquid and solid wastes; sewage, fecal coliform and pathogens; dissolved and

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particulate metals; animal wastes; wastes and residues that result from construction of a building or structure;
concrete and cement and noxious or offensive matter of any kind.
"Pollution" means the contamination or other alteration of any water's physical, chemical or biological
properties by the addition of any constituent and includes, but is not limited to, a change in temperature, taste,
color, turbidity or odor of such waters, or the discharge of any liquid, gaseous, solid, radioactive or other substance
into any such waters as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious
to the public health, safety, welfare or environment, or to domestic, commercial, industrial, agricultural,
recreational or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.
"Premises" means any building, lot, parcel of land or portion of land whether improved or unimproved,
including adjacent sidewalks and parking strips.
"State waters" means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage
systems, springs, wells and other bodies of surface and subsurface water, natural or artificial, lying within or
forming a part of the boundaries of the State of Georgia which are not entirely confined and retained completely
upon the property of a single person.
"Storm drainage system" means publicly-owned facilities by which stormwater is collected and/or conveyed,
including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm
drains, pumping facilities, retention and detention basins, natural and human made or altered drainage channels,
reservoirs and other drainage structures.
"Stormwater runoff" or "stormwater" means any surface flow, runoff and drainage consisting entirely of
water from any form of natural precipitation, and resulting from such precipitation.
"Stormwater pollution prevention plan" means a document which describes the best management practices
and activities to be implemented by a person or business to identify sources of pollution or contamination at a site
and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems
and/or receiving waters to the maximum extent practicable.
"Structural stormwater control" means a structural stormwater management facility or device that controls
stormwater runoff and charges the characteristics of that runoff, including, but not limited to, the quantity and
quality, the period of release or the velocity of flow.
"Wastewater" means any water or other liquid, other than uncontaminated stormwater, discharged from a
facility.
"Watercourse" means a permanent or intermittent stream or other body of water, either natural or
manmade, which gathers or carries surface water.
"Waters of the United States" or "waters of the U.S." means:
1. All waters which are currently used, were used in the past or may be susceptible to use in interstate or
foreign commerce, including all waters which are subject to the ebb and flow of the tide;
2. All interstate waters, including interstate "wetlands;"
3. All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats,
sandflats, "wetlands," sloughs, prairie potholes, wet meadows, playa lakes or natural ponds the use,
degradation or destruction of which would affect or could affect interstate or foreign commerce,
including any such waters:
a. Which are or could be used by interstate or foreign travelers for recreational or other purposes;
b. From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or
c. Which are used or could be used for industrial purposes by industries in interstate commerce;

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4. All impoundments of waters otherwise defined as waters of the United States under this definition;
5. Tributaries of waters identified in paragraphs 1. through 4. of this definition;
6. The territorial sea; and
7. "Wetlands" adjacent to waters (other than waters that are themselves wetlands) identified in
paragraphs 1. through 6. of this definition.

15.8.3 Prohibitions.
A. Prohibition of Illicit Discharges. No person shall throw, drain or otherwise discharge, cause or allow others
under its control to throw, drain or otherwise discharge into the city's separate storm sewer system any
pollutants or waters that cause or contribute to a violation of applicable water quality standards, other than
stormwater.
The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited
except as described as follows:
1. The following discharges are exempt from discharge prohibitions established by this chapter: water line
flushing when performed by a governmental agency or other potable water sources, landscape
irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to
storm drains, uncontaminated pumped ground water, foundation or footing drains (not including
active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs,
noncommercial washing of vehicles, natural riparian habitat or wetland flows, swimming pools (if
dechlorinated—typically less than one (1) PPM chlorine), fire fighting activities and any other water
source not containing pollutants;
2. Discharges specified in writing by the authorized enforcement agency as being necessary to protect
public health and safety;
3. Dye testing is an allowable discharge, but requires a verbal notification to the authorized enforcement
agency prior to the time of the test; and
4. The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit,
waiver or waste discharge order issued to the discharger and administered under the authority of the
State and the Federal Environmental Protection Agency, provided that the discharger is in full
compliance with all requirements of the permit, waiver or order and other applicable laws and
regulations, and provided that written approval has been granted for any discharge to the storm drain
system.
B. Prohibition of Illegal Connections. The construction, connection, use, maintenance or continued existence of
any illegal connection to the city's separate storm sewer system is prohibited.
1. This prohibition expressly includes, without limitation, illegal connections made in the past, regardless
of whether the connection was permissible under law or practices applicable or prevailing at the time
of the connection.
2. A person violates this chapter if the person connects a line conveying sewage to the city's separate
storm sewer system, or allows such a connection to continue.
3. Improper connections in violation of this chapter must be disconnected and redirected, if necessary, to
an approved onsite wastewater management system or the sanitary sewer system upon approval of
the sanitation department.
4. Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may
be connected to the storm sewer system, shall be located by the owner or occupant of that property

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upon receipt of written notice of violation from the authorized enforcement agency requiring that such
locating be completed. Such notice will specify a reasonable time period within which the location of
the drain or conveyance is to be completed, that the drain or conveyance be identified as storm sewer,
sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system,
sanitary sewer system or other discharge point be identified. Results of these investigations are to be
documented and provided to the authorized enforcement agency.

15.8.4 Industrial or construction activity discharges.
Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply
with the provisions of such permit. Proof of compliance with the permit may be required in a form acceptable to
the authorized enforcement agency prior to allowing discharges to the city's separate storm sewer system.

15.8.5 Access and inspection of properties and facilities.
A. Applicability. This section applies to all facilities that have stormwater discharges associated with industrial
activity, including construction activity.
B. Access to Facilities.
1. The authorized enforcement agency shall be permitted to enter and inspect facilities at reasonable
times subject to regulation under the provisions of this chapter as often as may be necessary to
determine compliance with this chapter. If a discharger has security measures in force which require
proper identification and clearance before entry into its premises, the discharger shall make the
necessary arrangements to a low access to representatives of the authorized enforcement agency.
2. Facility owners or operators shall allow the authorized enforcement agency ready access to all parts of
the premises for the purposes of inspection, sampling, photographing, videotaping, examination and
copying of records that must be kept under the conditions of an NPDES permit to discharge
stormwater, and the performance of any additional duties as defined by State and Federal law.
3. The authorized enforcement agency shall have the right to set up on any permitted facility such devices
as are necessary in the opinion of the authorized enforcement agency to conduct monitoring and/or
sampling of the facility's stormwater discharge.
4. The authorized enforce agency has the right to require the discharger to install monitoring equipment
as necessary and make the monitoring data available to the authorized enforcement agency at the
owner or operator's own expense. The facility's sampling and monitoring equipment shall be
maintained at all times in a safe and proper operating condition by the discharger at its own expense.
All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.
5. Any temporary or permanent obstruction to safe and easy access to the property or facility to be
inspected and/or sampled shall be promptly removed by the operator at the written or oral request of
the authorized enforcement agency and shall not be replaced. The costs of clearing such access shall be
borne by the owner or operator.
6. Unreasonable delays in allowing the authorized enforcement agency access to a permitted facility is a
violation of a stormwater discharge permit and of this chapter. A person who is the operator of a
facility with a NPDES permit to discharge stormwater associated with industrial activity commits an
offense if the person denies the authorized enforcement agency reasonable access to the permitted
facility for the purpose or conducting any activity authorized or required by this chapter.
7. If the authorized enforcement agency has been refused access to any part of the premises from which
stormwater is discharged, and he or she is able to demonstrate probable cause to believe that there

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may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine
inspection and sampling program designed to verify compliance with this chapter or any order issued
hereunder, or to protect the overall public health, safety and welfare of the community, then the
authorized enforcement agency may seek issuance of a search warrant from any court of competent
jurisdiction.

15.8.6 Notification of accidental discharges and spills.
A. Notwithstanding other requirements of law, as soon as any person responsible for a facility, activity or
operation, or responsible for emergency response for a facility, activity or operation has information of any
known or suspected release of pollutants or non-stormwater discharges from that facility or operation which
are resulting or may result in illicit discharges or pollutants discharging into stormwater, the city's separate
storm sewer system, State waters, or waters of the United States that person shall take all necessary steps to
ensure the discovery, containment and cleanup of such release so as to minimize the effects of the
discharge.
B. The person shall notify the authorized enforcement agency in person or by phone, facsimile or in person no
later than twenty-four (24) hours of the nature, quantity and time of occurrence of the discharge.
Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the
authorized enforcement agency within three (3) business days of the phone call or in person notice. If the
discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or
operator of such establishment shall also retain an on-site written record of the discharge and the actions
taken to prevent its recurrence. Such records shall be retained for at least three (3) years. That person shall
also take immediate steps to ensure no recurrence of the discharge or spill.
C. In the event of such a release of hazardous materials, emergency response agencies and/or other
appropriate agencies shall be immediately notified.
D. Failure to provide notification of a release as provided above is a violation of the provisions of this chapter.

15.8.7 Requirement to prevent, control and reduce stormwater pollutants by the use of best
management practices.
The authorized enforcement agency will adopt requirements identifying best management practices for any
activity, operation or facility which may cause or contribute to pollution or contaminations of stormwater, the
storm drain system, State waters or waters of the United States. The owner or operator of a commercial or
industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of
prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of
these structural and non-structural BMPs. Further, any person responsible for a property or premise, which is, or
may be, the source of an illicit discharge, may be required to implement, at the person's expense, additional
structural and non-structural BMPs to prevent the further discharge of pollutants to the city's separate storm
sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of
stormwater associated with industrial activity, to the extent practicable, shall be deemed compliant with the
provisions of this section. These BMPs shall be part of a stormwater pollution prevention plan (SWPP) as necessary
for compliance with requirements of the NPDES permit.

15.8.8 Watercourse protection.
Every person owning property through which a watercourse passes, or such person's lessee, shall keep and
maintain that part of the watercourse within the property free of trash, debris, excessive vegetation and other
obstacles that would pollute, contaminate or significantly retard the flow of water through the watercourse. In

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addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a
watercourse, so that such structures will not become a hazard to the use, function or physical integrity of the
watercourse.

15.8.9 Violations, enforcement and penalties.
A. Violations.
1. It shall be unlawful for any person to violate any provision or fail to comply with any of the
requirements of this chapter. Any person who has violated or continues to violate the provisions of this
chapter may be subject to the enforcement actions outlined in this section or may be restrained by
injunction or otherwise abated in a manner provided by law.
2. In the event the violation constitutes an immediate danger to public health or public safety, the
authorized enforcement agency is authorized to enter upon the subject private property, without
giving prior notice, to take any and all measures necessary to abate the violation and/or restore the
property. The authorized enforcement agency is authorized to seek costs of the abatement as outlined
in subsection E. of this section.
B. Notice of Violation. Whenever the authorized enforcement agency finds that a violation of this chapter has
occurred, the authorized enforcement agency may order compliance by written notice of violation that will
be served on the alleged violator personally or by registered or certified mail, sent to the billing address of
the alleged violator, or by email, sent to the email address of the alleged violator.
1. The notice of violation shall contain:
a. The name and address of the alleged violator;
b. The address, when available, or a description of the building, structure or land upon which the
violation is occurring, or has occurred;
c. A statement specifying the nature of the violation;
d. A description of the remedial measures necessary to restore compliance with the ordinance
codified in this chapter and a time schedule for the completion of such remedial action;
e. A statement that, should the violator fail to remediate or restore within the established deadline,
the work will be done by a designated governmental agency or a contractor and the expense
shall be charged to the violator;
f. A statement of the penalty or penalties that shall or may be assessed against the person to whom
the notice of violation is directed; and
g. A statement that the determination of violation may be appealed to the authorized enforcement
agency by filing a written notice of appeal within thirty (30) days of service of notice of violation.
2. Such notice may require without limitation:
a. The performance of monitoring, analyses and reporting;
b. The elimination of illicit discharges and illegal connections;
c. That violating discharges, practices or operations shall cease and desist;
d. The abatement or remediation of stormwater pollution or contamination hazards and the
restoration of any affected property;
e. Payment of costs to cover administrative and abatement costs; and
f. The implementation of pollution prevention practices.

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C. Appeal of Notice of Violation. Any person receiving a notice of violation may appeal the determination of the
authorized enforcement agency. The notice of appeal must be received by the authorized enforcement
agency within thirty (30) days from the date of the notice of violation. Hearing on the appeal before the
mayor and city council shall take place within thirty (30) days from the date of receipt of the notice of appeal.
The decision of the mayor and city council shall be final.
D. Enforcement of Measures After Appeal. If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation, or, in the event of an appeal, within thirty (30) days of the decision of the
mayor and city council upholding the decision of the authorized enforcement agency, then representatives
of the authorized enforcement agency shall enter upon the subject private property and are authorized to
take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful
for any person, owner, agent or person in possession of any such property to refuse to allow the authorized
enforcement agency or designated contractor to enter upon the property for the purposes set forth above.
E. Costs of Abatement of the Violation. After abatement of the violation, the owner of the property will be
notified in writing of the cost of abatement, including administrative costs within thirty (30) days. The
property owner may file a written protest objecting to the assessment or to the amount of the assessment
within fifteen (15) days of such notice. If the amount due is not paid within thirty (30) days after receipt of
notice, or if an appeal is taken, within thirty (30) days after a decision on the appeal, the charges shall
become a special assessment against the property and shall constitute a lien on the property for the amount
of the assessment.
Any person violating any of the provisions of this chapter shall become liable to the city by reason of such
violation.
F. Civil Penalties.
1. In the event the alleged violator fails to take the remedial measures set forth in the notice of violation
or otherwise fails to cure the violations described therein within ten (10) days, or such greater period
of time as designated in the notice of violation by the authorized enforcement agency as they shall
deem appropriate, after the authorized enforcement agency has taken one (1) or more of the actions
described above, the authorized enforcement agency may impose a penalty not to exceed one
thousand dollars ($1,000.00) (depending on the severity of the violation) for each day the violation
remains unremedied after receipt of the notice of violation.
2. Injunctive Relief. It shall be unlawful for any person to violate any provision or fail to comply with any
of the requirements of this chapter. If a person has violated, or continues to violate, the provisions of
this chapter, the authorized enforcement agency may petition the court for a preliminary or
permanent injunction restraining the person from activities which would create further violations or
compelling the person to perform abatement or remediation of the violation.
3. Compensatory Action. In lieu of enforcement proceedings, penalties and remedies authorized by this
chapter, the authorized enforcement agency may impose upon a violator alternative compensatory
actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.
G. Criminal Penalties. Any person violating the terms of this chapter shall be punished in municipal court. Each
day the violation continues shall be considered a separate offense.
H. Violations Deemed a Public Nuisance. In addition to the enforcement processes and penalties provided, any
condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public
health, safety and welfare, and is declared and deemed a nuisance, and may be summarily abated or
restored at the violator's expense, and/or a civil action to abate, enjoin or otherwise compel the cessation of
such nuisance may be taken.

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I. Remedies Not Exclusive. The remedies listed in this chapter are not exclusive of any other remedies available
under any applicable Federal, State or local law and it is within the discretion of the authorized enforcement
agency to seek cumulative remedies.

15.8.10 Ultimate responsibility.
The standards set forth in this chapter and promulgated pursuant to the ordinance codified in this chapter
are minimum standards; therefore, this chapter does not intend nor imply that compliance by any person will
ensure that there will be no contamination, pollution nor unauthorized discharge of pollutants.

15.8.11 Severability.
The provisions of this chapter are hereby declared to be severable. If any provision, clause, sentence or
paragraph of this chapter or the application thereof to any person, establishment or circumstances shall be held
invalid, such invalidity shall not affect the other provisions or application of this chapter.

15.8.12 Adoption of ordinance.
The ordinance codified in this chapter shall be in full force and effect after its final passage and adoption. All
prior ordinances and parts of ordinances in conflict with this ordinance are hereby repealed.

15.9 Floodplain management/flood damage prevention.

15.9.1 Findings of fact.
A. The flood hazard areas of the City of Stockbridge are subject to periodic inundation which may result in loss
of life and property, health and safety hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood relief and protection, and impairment of the tax base, all of
which adversely affect the public health, safety and general welfare.
B. Flood hazard areas can serve important stormwater management, water quality, streambank protection,
stream corridor protection, wetland preservation and ecological purposes when permanently protected as
undisturbed or minimally disturbed areas.
C. Effective floodplain management and flood hazard protection activities can:
1. Protect human life and health;
2. Minimize damage to private property;
3. Minimize damage to public facilities and infrastructure such as water and gas mains, electric, telephone
and sewer lines, streets and bridges located in floodplains; and
4. Minimize expenditure of public money for costly flood control projects associated with flooding and
generally undertaken at the expense of the general public.
D. Article IX, Section II of the Constitution of the State of Georgia and O.C.G.A. § 36-1-20(a) have delegated the
responsibility to local governmental units to adopt regulations designed to promote the public health, safety,
and general welfare of its citizenry. Therefore, the City of Stockbridge, Georgia, does ordain this chapter and
establishes this set of floodplain management and flood hazard reduction policies for the purpose of
regulating the use of flood hazard areas. It is determined that the regulation of flood hazard areas and the
prevention of flood damage are in the public interest and will minimize threats to public health and safety, as
well as to private and public property.

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15.9.2 Purpose and intent.
The purpose of this chapter is to protect, maintain and enhance the public health, safety, environment and
general welfare and to minimize public and private losses due to flood conditions in flood hazard areas, as well as
to protect the beneficial uses of floodplain areas for water quality protection, streambank and stream corridor
protection, wetlands preservation and ecological and environmental protection by provisions designed to:
A. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against
flood damage at the time of initial construction;
B. Restrict or prohibit uses which are dangerous to health, safety and property due to flooding or erosion
hazards, or which increase flood heights, velocities, or erosion;
C. Control filling, grading, dredging and other development which may increase flood damage or erosion;
D. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or
which may increase flood hazards to other lands;
E. Limit the alteration of natural floodplains, stream channels, and natural protective barriers which are
involved in the accommodation of floodwaters; and
F. Protect the stormwater management, water quality, streambank protection, stream corridor
protection, wetland preservation and ecological functions of natural floodplain areas.

15.9.3 Definitions.
As used in this chapter:
"Addition" means any walled and roofed expansion to the perimeter or height of a building.
"Appeal" means a request for a review of the appointed official's interpretation of any provision of this
chapter.
"Area of future-conditions flood hazard" means the land area that would be inundated by the one-percent-
annual-chance flood based on future-conditions hydrology (one hundred-year future conditions flood).
"Area of shallow flooding" means a designated AO or AH zone on a community's flood insurance rate map
(FIRM) with a one percent (1%) or greater chance of flooding to an average depth of one (1) to three (3) feet where
a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where
velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
"Area of special flood hazard" means the land area subject to a one percent (1%) or greater chance of
flooding in any given year. This includes all floodplain and floodprone areas at or below the base flood elevation
designated as zones A, A1-30, A-99, AE, AO, AH, and AR on a community's flood insurance rate map (FIRM).
"Base flood" means the flood having a one percent (1%) chance of being equaled or exceeded in any given
year, also known as the one hundred-year flood.
"Base flood elevation" means the highest water surface elevation anticipated at any given location during the
base flood.
"Basement" means any area of a building having its floor subgrade below ground level on all sides.
"Building" has the same meaning as "structure."
"Development" means any manmade change to improved or unimproved real estate, including, but not
limited to, buildings or other structures, mining, dredging, filling, clearing, grubbing, grading, paving, any other
installation of impervious cover, excavation or drilling operations or storage of equipment or materials.

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"Elevated building" means a non-basement building which has its lowest elevated floor raised above the
ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
"Existing construction" means any structure for which the start of construction commenced before June 2,
1987.
"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed
(including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before June 2, 1987.
"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites
by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including
the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.
"FEMA" means the Federal Emergency Management Agency.
"Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally
dry land areas from:
1. The overflow of inland or tidal waters; or
2. The unusual and rapid accumulation or runoff of surface waters from any source.
"Flood insurance rate map" or "FIRM" means an official map of a community, issued by FEMA, delineating
the areas of special flood hazard and/or risk premium zones applicable to the community.
"Flood insurance study" or "FIS" means the official report by FEMA providing an examination, evaluation and
determination of flood hazards and corresponding flood profiles and water surface elevations of the base flood.
"Floodplain" or "floodprone area" means any land area susceptible to flooding.
"Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments
to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
"Floodway" or "regulatory floodway" means the channel of a stream, river, or other watercourse and the
adjacent areas that must be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than a designated height.
"Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or
carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary
for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not
include long-term storage or related manufacturing facilities.
"Future-conditions flood" means the flood having a one percent (1%) chance of being equaled or exceeded in
any given year based on future-conditions hydrology. Also known as the one hundred-year future-conditions flood.
"Future-conditions flood elevation" means the highest water surface elevation anticipated at any given
location during the future-conditions flood.
"Future-conditions floodplain" means any land area susceptible to flooding by the future-conditions flood.
"Future-conditions hydrology" means the flood discharges associated with projected land use conditions
based on a community's zoning map, comprehensive land use plans, and/or watershed study projections, and
without consideration of projected future construction of flood detention structures or projected future hydraulic
modifications within a stream or other waterway, such as bridge and culvert construction, fill, and excavation.
"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction
next to the proposed walls of a structure.

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"Historic structure" means any structure that is:
1. Listed individually in the National Register of Historic Places (a listing maintained by the U.S.
Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the
requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical
significance of a registered historic district or a district preliminarily determined by the Secretary to
qualify as a registered historic district;
3. Individually listed on a State inventory of historic places and determined as eligible by states with
historic preservation programs which have been approved by the Secretary of the Interior; or
4. Individually listed on a local inventory of historic places and determined as eligible by communities
with historic preservation programs that have been certified either:
a. By an approved State program as determined by the Secretary of the Interior; or
b. Directly by the Secretary of the Interior in states without approved programs.
"Lowest floor" means the lowest floor of the lowest enclosed area, including basement. An unfinished or
flood-resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a
basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the
structure in violation of other provisions of this chapter.
"Manufactured home" means a structure, transportable in one (1) or more sections, which is built on a
permanent chassis and is designed to be used with or without a permanent foundation when attached to the
required utilities. The term includes any structure commonly referred to as a "mobile home" regardless of the date
of manufacture. The term also includes parked trailers, travel trailers and similar transportable structures placed
on a site for one hundred eighty (180) consecutive days or longer and intended to be improved property. The term
does not include a "recreational vehicle."
"Mean sea level" means the datum to which base flood elevations shown on a community's flood insurance
rate map (FIRM) are referenced. For purposes of this chapter, the term is synonymous with National Geodetic
Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988.
"New construction" means any structure (see definition) for which the start of construction commenced
after June 2, 1987, and includes any subsequent improvements to the structure.
"New manufactured home park or subdivision" means a manufactured home park or subdivision for which
the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at
a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after June 2, 1987.
"Owner" means the legal or beneficial owner of a site including, but not limited to, a mortgagee or vendee in
possession, receiver, executor, trustee, lessee or other person, firm or corporation in control of the site.
"Permit" means the permit issued by the department designated by the city council to the applicant which is
required prior to undertaking any development activity.
"Recreational vehicle" means a vehicle which is:
1. Built on a single chassis;
2. Four hundred (400) square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by light duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.

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"Site" means the parcel of land being developed, or the portion thereof on which the development project is
located.
"Start of construction" means the date the permit was issued, provided the actual start of construction,
repair, reconstruction, or improvement was within one hundred eighty (180) days of the permit date. The actual
start means the first placement of permanent construction of the structure such as the pouring of slabs or
footings, installation of piles, construction of columns, or any work beyond the stage of excavation, and includes
the placement of a manufactured home on a foundation. Permanent construction does not include initial land
preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways;
nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms;
nor does it include the installation on the property of buildings appurtenant to the permitted structure, such as
garages or sheds not occupied as dwelling units or part of the main structure. (Note: Accessory structures are not
exempt from any ordinance requirements.) For a substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
"Structure" means a walled and roofed building that is principally above ground, a manufactured home, a gas
or liquid storage tank.
"Subdivision" means the division of a tract or parcel of land resulting in one (1) or more new lots or building
sites for the purpose, whether immediately or in the future, of sale, other transfer of ownership or land
development, and includes divisions of land resulting from or made in connection with the layout or development
of a new street or roadway or a change in an existing street or roadway.
"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the
structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the
structure before the damage occurred.
"Substantial improvement" means any combination of repairs, reconstruction, alteration, or improvements
to a building, taking place during a ten-year period, in which the cumulative cost equals or exceeds fifty percent
(50%) of the market value of the structure prior to the improvement. The market value of the building means:
1. The appraised value of the structure prior to the start of the initial repair or improvement; or
2. In the case of damage, the value of the structure prior to the damage occurring.
This term includes structures which have incurred "substantial damage" regardless of the actual amount of repair
work performed. For the purposes of this definition, "substantial improvement" is considered to occur when the
first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that
alteration affects the external dimensions of the building. The term does not, however, include those
improvements of a building required to comply with existing health, sanitary, or safety code specifications which
are solely necessary to assure safe living conditions, which have been pre-identified by the code enforcement
official, and not solely triggered by an improvement or repair project.
"Substantially improved existing manufactured home park or subdivision" is where the repair,
reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds fifty percent
(50%) of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.
"Variance" is a grant of relief from the requirements of this chapter which permits construction in a manner
otherwise prohibited by this chapter.
"Violation" means the failure of a structure or other development to be fully compliant with the community's
floodplain management regulations. A structure or other development without the elevation certificate, other
certificates, or other evidence of compliance required in this chapter is presumed to be in violation until such time
as that documentation is provided.

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15.9.4 Applicability.
This chapter shall be applicable to all areas of special flood hazard within the City of Stockbridge.

15.9.5 Designation of ordinance administrator.
The official designated by the mayor and city council is appointed to administer and implement the
provisions of this chapter.

15.9.6 Basis for area of special flood hazard, areas of future-conditions flood hazard and
associated floodplain characteristics—Flood area maps and studies.
For the purposes of defining and determining "areas of special flood hazard," "areas of future-conditions
flood hazard," "areas of shallow flooding," "base flood elevations," "floodplains," "floodways," "future-conditions
flood elevations," "future-conditions floodplains," potential flood hazard or risk categories as shown on FIRM
maps, and other terms used in this chapter, the following documents and sources may be used for such purposes
and are adopted by reference thereto:
A. The flood insurance study ("FIS") dated March 3, 1976, with accompanying maps and other supporting
data and any revision thereto are adopted by reference. (For those land areas acquired by a
municipality through annexation, the current effective FIS and data for Henry County, dated November
2, 1983, with accompanying maps and other supporting data and any revision thereto are adopted by
reference.)
B. Other studies which may be relied upon for the establishment of the base flood elevation or
delineation of the one hundred-year floodplain and flood-prone areas include:
1. Any flood or flood-related study conducted by the United States Army Corps of Engineers, the
United States Geological Survey or any other local, State or Federal agency applicable to the City
of Stockbridge; or
2. Any base flood study authored by a registered professional engineer in the State of Georgia
which has been prepared by the Federal Emergency Management Agency ("FEMA") approved
methodology and approved by the department designated by the Henry County Board of
Commissioners.
C. Other studies which may be relied upon for the establishment of the future-conditions flood elevation
or delineation of the future-conditions floodplain and flood-prone areas include:
1. Any flood or flood-related study conducted by the United States Army Corps of Engineers, the
United States Geological Survey, or any other local, State or Federal agency applicable to the City
of Stockbridge; or
2. Any future-conditions flood study authored by a registered professional engineer in the State of
Georgia which has been prepared by FEMA-approved methodology and approved by the
department designated by the Henry County Board of Commissioners.
D. The repository for public inspection of the FIS, accompanying maps and other supporting data is
located at the department designated by the Henry County Board of Commissioners.

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15.9.7 Warning and disclaimer of liability.
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and
is based on scientific and engineering considerations. Larger floods can and will occur; flood heights may be
increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood
hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not
create liability on the part of the City of Stockbridge or by any officer or employee thereof for any flood damages
that result from reliance on this chapter or any administrative decision lawfully made thereunder.

15.9.8 Permit procedures and requirements.
No owner or developer shall perform any development activities on a site where an area of special flood
hazard or area of future conditions flood hazard is located without first meeting the requirements of this chapter
prior to commencing the proposed activity.
Unless specifically excluded by this chapter, any landowner or developer desiring a permit for a development
activity shall submit to the department designated by the Henry County Board of Commissioners a permit
application on a form provided by such department for that purpose.
No permit will be approved for any development activities that do not meet the requirements, restrictions
and criteria of this chapter.

15.9.9 Floodplain management plan requirements.
An application for a development project with any area of special flood hazard located on the site will be
required to include a floodplain management/flood damage prevention plan. This plan shall include the following
items:
A. Site plan drawn to scale, which includes, but is not limited to:
1. Existing and proposed elevations of the area in question and the nature, location and dimensions
of existing and/or proposed structures, earthen fill placement, amount and location of excavation
material, and storage of materials or equipment;
2. For all proposed structures, spot ground elevations at building corners and twenty-foot or
smaller intervals along the foundation footprint, or one-foot contour elevations throughout the
building site;
3. Proposed locations of water supply, sanitary sewer, and utilities;
4. Proposed locations of drainage and stormwater management facilities;
5. Proposed grading plan;
6. Base flood elevations and future-conditions flood elevations;
7. Boundaries of the base flood floodplain and future-conditions floodplain;
8. If applicable, the location of the floodway; and
9. Certification of the above by a registered professional engineer or surveyor.
B. Building and foundation design detail, including, but not limited to:
1. Elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including
basement, of all proposed structure;

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2. Elevation in relation to mean sea level to which any nonresidential structure will be
floodproofed;
3. Certification that any proposed nonresidential floodproofed structure meets the criteria in
subsection 15.9.19.B.;
4. For enclosures below the base flood elevation, location and total net area of foundation openings
as required in subsection 15.9.18.E.; and
5. Design plans certified by a registered professional engineer or architect for all proposed
structure(s).
C. Description of the extent to which any watercourse will be altered or relocated as a result of the
proposed development;
D. Hard copies and digital files of computer models, if any, copies of work maps, comparison of pre- and
post-development conditions base flood elevations, future-conditions flood elevations, flood
protection elevations, special flood hazard areas and regulatory floodway widths, flood profiles and all
other computations and other information similar to that presented in the FIS;
E. Copies of all applicable State and Federal permits necessary for proposed development, including, but
not limited to, permits required by Section 404 of the Federal Water Pollution Control Act,
Amendments of 1972, 33 U.S.C. § 1334; and
F. All appropriate certifications required under this chapter.
The approved floodplain management/flood damage prevention plan shall contain certification by the applicant
that all development activities will be done according to the plan or previously approved revisions. Any and all
development permits and/or use and occupancy certificates or permits may be revoked at any time if the
construction and development activities are not in strict accordance with approved plans.

15.9.10 Construction stage submittal requirements.
For all new construction and substantial improvements on sites with a floodplain management/flood damage
prevention plan, the permit holder shall provide to the department designated by the city a certified as-built
elevation certificate or floodproofing certificate for nonresidential construction, including the lowest floor
elevation or floodproofing level immediately after the lowest floor or floodproofing is completed. A final elevation
certificate shall be provided after completion of construction, including final grading of the site. Any lowest floor
certification made relative to mean sea level shall be prepared by or under the direct supervision of a registered
land surveyor or professional engineer and certified by same. When floodproofing is utilized for nonresidential
structures, such certification shall be prepared by or under the direct supervision of a professional engineer or
architect and certified by same.
Any work undertaken prior to approval of these certifications shall be at the permit holder's risk. The
department designated by the Henry County Board of Commissioners shall review the above referenced
certification data submitted. Deficiencies detected by such review shall be corrected by the permit holder
immediately and prior to further work being allowed to proceed. Failure to submit certification or failure to make
the corrections required by this chapter shall be caused to issue a stop-work order for the project.

15.9.11 Duties and responsibilities of the administrator.
Duties of the official designated by the city to administer this chapter shall include, but shall not be limited
to:

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A. Review all development applications and permits to assure that the requirements of this chapter have
been satisfied and to determine whether proposed building sites will be reasonably safe from flooding;
B. Review proposed development to assure that all necessary permits have been received from those
governmental agencies from which approval is required by Federal or State law, including, but not
limited to, Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. §
1334;
C. When base flood elevation data or floodway data have not been provided, then the official designated
by the city and/or his designee shall require the applicant to obtain, review and reasonably utilize any
base flood elevation and floodway data available from a Federal, State or other sources in order to
meet the provisions of subsections D. and E. of this section;
D. Review and record the actual elevation in relation to mean sea level (or highest adjacent grade) of the
lowest floor, including basement, of all new or substantially improved structures;
E. Review and record the actual elevation, in relation to mean sea level to which any substantially
improved structures have been floodproofed;
F. When floodproofing is utilized for a nonresidential structure, the official designated by the Henry
County Board of Commissioners and/or his designee shall obtain certification of design criteria from a
registered professional engineer or architect;
G. Notify affected adjacent communities and the Georgia Department of Natural Resources prior to any
alteration or relocation of a watercourse and submit evidence of such notification to the Federal
Emergency Management Agency (FEMA);
H. Where interpretation is needed as to the exact location of boundaries of the areas of special flood
hazard (e.g., where there appears to be a conflict between a mapped boundary and actual field
conditions), the official designated by the Henry County Board of Commissioners and/or his designee
shall make the necessary interpretation. Any person contesting the location of the boundary shall be
given a reasonable opportunity to appeal the interpretation as provided in this chapter. Where
floodplain elevations have been defined, the floodplain shall be determined based on flood elevations
rather than the area graphically delineated on the floodplain maps;
I. All records pertaining to the provisions of this chapter shall be maintained in the department
designated by the Henry County Board of Commissioners and shall be open for public inspection;
J. Coordinate all FIRM revisions with the GA DNR and FEMA; and
K. Review variance applications and make recommendations to the appointed board.

15.9.12 Definition of floodplain boundaries.
A. Studied "A" zones, as identified in the FIS, shall be used to establish base flood elevations whenever
available.
B. For all streams with a drainage area of one hundred (100) acres or greater, the future-conditions flood
elevations shall be provided by the department designated by the Henry County Board of Commissioners. If
future-conditions elevation data is not available from the department designated by the Henry County Board
of Commissioners, then it shall be determined by a registered professional engineer using a method
approved by FEMA and the department designated by the Henry County Board of Commissioners.

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15.9.13 Standards for development.
The width of a floodway shall be determined from the FIS or FEMA-approved flood study. For all streams
with a drainage area of one hundred (100) acres or greater, the regulatory floodway shall be provided by the
department designated by the city. If floodway data is not available from the department, then it shall be
determined by a registered professional engineer using a method approved by FEMA and the department
designated by the city.

15.9.14 General standards.
A. No development shall be allowed within the future-conditions floodplain that could result in any of the
following:
1. Raising the base flood elevation or future-conditions flood elevation equal to or more than one-
hundredth of one (0.01) foot;
2. Reducing the base flood or future-conditions flood storage capacity;
3. Changing the flow characteristics as to the depth and velocity of the waters of the base flood or future-
conditions flood as they pass both the upstream and the downstream boundaries of the development
area; or
4. Creating hazardous or erosion-producing velocities, or resulting in excessive sedimentation.
B. Any development within the future-conditions floodplain allowed under subsection B.1. of this section shall
also meet the following conditions:
1. Compensation for storage capacity shall occur between the average groundwater table elevation and
the base flood elevation for the base flood, and between the average groundwater table elevation and
the future-conditions flood elevation for the future-conditions flood, and lie either within the
boundaries of ownership of the property being developed and shall be within the immediate vicinity of
the location of the encroachment. Acceptable means of providing required compensation include
lowering of natural ground elevations within the floodplain, or lowering of adjoining land areas to
create additional floodplain storage. In no case shall any required compensation be provided via
bottom storage or by excavating below the elevation of the top of the natural (pre-development)
stream channel unless such excavation results from the widening or relocation of the stream channel;
2. Cut areas shall be stabilized and graded to a slope of no less than two percent (2%);
3. Effective transitions shall be provided such that flow velocities occurring on both upstream and
downstream properties are not increased or decreased;
4. Verification of no-rise conditions (one-hundredth of one (0.01) foot or less), flood storage volumes, and
flow characteristics shall be provided via a step-backwater analysis meeting the requirements of
subsection 16.9.15;
5. Public utilities and facilities, such as water, sanitary sewer, gas, and electrical systems, shall be located
and constructed to minimize or eliminate infiltration or contamination from floodwaters; and
6. Any significant physical changes to the base flood floodplain shall be submitted as a conditional letter
of map revision ("CLOMR") or conditional letter of map amendment ("CLOMA"), whichever is
applicable. The CLOMR submittal shall be subject to approval by the department designated by the
Henry County Board of Commissioners using the community consent forms before forwarding the
submittal package to FEMA for final approval. The responsibility for forwarding the CLOMR to FEMA
and for obtaining the CLOMR approval shall be the responsibility of the applicant. Within six (6) months

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of the completion of construction, the applicant shall submit as-built surveys for a final letter of map
revision ("LOMR").

15.9.15 Engineering study requirements for floodplain encroachments.
An engineering study is required, as appropriate, to the proposed development activities on the site,
whenever a development proposes to disturb any land within the future-conditions floodplain, except for a
residential single-lot development on streams without established base flood elevations and/or floodways for
which the provisions of subsection 15.9.21 apply. This study shall be prepared by a currently registered
professional engineer in the State of Georgia and made a part of the application for a permit. This information shall
be submitted to and approved by the department designated by the Henry County Board of Commissioners prior
to the approval of any permit which would authorize the disturbance of land located within the future-conditions
floodplain. Such study shall include:
A. Description of the extent to which any watercourse or floodplain will be altered or relocated as a result
of the proposed development;
B. Step-backwater analysis, using a FEMA-approved methodology and approved by the department
designated by the city. Cross-sections (which may be supplemented by the applicant) and flow
information will be obtained whenever available. Computations will be shown duplicating FIS results
and will then be rerun with the proposed modifications to determine the new base flood profiles, and
future-conditions flood profiles;
C. Floodplain storage calculations based on cross-sections (at least one (1) every one hundred (100) feet)
showing existing and proposed floodplain conditions to show that base flood floodplain and future-
conditions floodplain storage capacity would not be diminished by the development; and
D. The study shall include a preliminary plat, grading plan, or site plan, as appropriate, which shall clearly
define all future-conditions floodplain encroachments.

15.9.16 Floodway encroachments.
Located within areas of special flood hazard are areas designated as floodway. A floodway may be an
extremely hazardous area due to velocity floodwaters, debris or erosion potential. In addition, floodways must
remain free of encroachment in order to allow for the discharge of the base flood without increased flood heights.
Therefore, the following provisions shall apply:
A. Encroachments are prohibited, including earthen fill, new construction, substantial improvements or
other development within the regulatory floodway, except for activities specifically allowed in
subsection B. of this section;
B. Encroachments for bridges, culverts, roadways and utilities within the regulatory floodway may be
permitted, provided it is demonstrated through hydrologic and hydraulic analyses performed in
accordance with standard engineering practice that the encroachment shall not result in any increase
to the pre-project base flood elevations, floodway elevations, or floodway widths during the base flood
discharge. A registered professional engineer must provide supporting technical data and certification
thereof; and
C. If the applicant proposes to revise the floodway boundaries, no permit authorizing the encroachment
into or an alteration of the floodway shall be issued by the department designated by the Henry
County Board of Commissioners until an affirmative conditional letter of map revision ("CLOMR") is
issued by FEMA and no-rise certification is approved by the department designated by the Henry
County Board of Commissioners.

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15.9.17 Maintenance requirements.
The property owner shall be responsible for continuing maintenance as may be needed within an altered or
relocated portion of a floodplain on his property so that the flood-carrying or flood storage capacity is not
diminished. The department designated by the city may direct the property owner (at no cost to the City of
Stockbridge) to restore the flood-carrying or flood storage capacity of the floodplain if the owner has not
performed maintenance as required by the approved floodplain management plan on file with the department
designated by the Henry County Board of Commissioners.

15.9.18 Provisions for flood damage reduction.
In all areas of special flood hazard and areas of future-conditions flood hazard the following provisions apply:
A. New construction of principal buildings (residential or nonresidential), including manufactured homes,
shall not be allowed within the limits of the future-conditions floodplain, unless all requirements of
subsections 15.9.14, 16.9.15, and 15.9.16 have been met.
B. New construction or substantial improvements of existing structures shall be anchored to prevent
flotation, collapse or lateral movement of the structure.
C. New construction or substantial improvements of existing structures shall be constructed with
materials and utility equipment resistant to flood damage.
D. New construction or substantial improvements of existing structures shall be constructed by methods
and practices that minimize flood damage.
E. Elevated Buildings. All new construction and substantial improvements of existing structures that
include any fully enclosed area located below the lowest floor formed by foundation and other exterior
walls shall be designed so as to be an unfinished and flood-resistant enclosure. The enclosure shall be
designed to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and
exit of floodwater.
1. Designs for complying with this requirement must either be certified by a professional engineer
or architect or meet the following minimum criteria:
a. Provide a minimum of two (2) openings having a total net area of not less than one (1)
square inch for every square foot of enclosed area subject to flooding;
b. The bottom of all openings shall be no higher than one (1) foot above grade; and
c. Openings may be equipped with screens, louvers, valves or other coverings or devices
provided they permit the automatic flow of floodwater in both directions;
2. So as not to violate the "lowest floor" criteria of this chapter, the unfinished and flood-resistant
enclosure shall solely be used for parking of vehicles, limited storage of maintenance equipment
used in connection with the premises, or entry to the elevated area; and
3. The interior portion of such enclosed area shall not be partitioned or finished into separate
rooms.
F. All heating and air conditioning equipment and components (including ductwork), all electrical,
ventilation, plumbing, and other service facilities shall be designed and/or located three (3) feet above
the base flood elevation or one (1) foot above the future-conditions flood elevation, whichever is
higher, so as to prevent water from entering or accumulating within the components during conditions
of flooding.

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G. Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods
of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.
This standard shall be in addition to and consistent with applicable State requirements for resisting
wind forces.
H. All proposed development shall include adequate drainage and stormwater management facilities per
the requirements of the City of Stockbridge to reduce exposure to flood hazards.
I. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of
floodwaters into the system.
J. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration
of floodwaters into the systems and discharges from the systems into floodwaters.
K. On-site waste disposal systems shall be located and constructed to avoid impairment to them, or
contamination from them, during flooding.
L. Any alteration, repair, reconstruction or improvement to a structure which is not compliant with the
provisions of this chapter, shall be undertaken only if the nonconformity is not furthered, extended or
replaced.
M. If the proposed development is located in multiple flood zones or multiple base flood elevation cross
the proposed site, the higher or more restrictive base flood elevation or future condition elevation and
development standards shall take precedence.
N. When only a portion of a proposed structure is located within a flood zone or the future conditions
floodplain, the entire structure shall meet the requirements of this chapter.
O. Subdivision proposals and other proposed new development, including manufactured home parks or
subdivisions, shall be reasonably safe from flooding:
1. All such proposals shall be consistent with the need to minimize flood damage within the flood-
prone area;
2. All public utilities and facilities, such as sewer, gas, electrical, and water systems shall be located
and constructed to minimize or eliminate flood damage; and
3. Adequate drainage shall be provided to reduce exposure to flood hazards.

15.9.19 Building standards for structures and buildings within the future-conditions
floodplain.
The following provisions, in addition to those in subsection 15.9.18, shall apply:
A. Residential Buildings.
1. New Construction. New construction of principal residential structures shall not be allowed
within the limits of the future-conditions floodplain unless all requirements of subsections
15.9.14, 15.9.15, and 15.9.16 have been met. If all of the requirements of subsections 15.9.14,
15.9.15, and 15.9.16 have been met, all new construction shall have the lowest floor, including
basement, elevated no lower than three (3) feet above the base flood elevation or one (1) foot
above the future-conditions flood elevation, whichever is higher. Should solid foundation
perimeter walls be used to elevate the structure, openings sufficient to automatically equalize
the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of
subsections 15.9.14, 15.9.15, and 15.9.16.

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2. Substantial Improvements. Substantial improvement of any principal structure or manufactured
home shall have the lowest floor, including basement, elevated no lower than three (3) feet
above the base flood elevation or one (1) foot above the future-conditions flood elevation,
whichever is higher. Should solid foundation perimeter walls be used to elevate a structure,
openings sufficient automatically equalize the hydrostatic flood forces on exterior walls shall be
provided in accordance with standards of subsections 15.9.14, 15.9.15, and 15.9.16.
B. Nonresidential buildings.
1. New Construction. New construction of principal nonresidential structures shall not be allowed
within the limits of the future-conditions floodplain unless all requirements of subsections
15.9.14, 15.9.15, and 15.9.16 have been met. If all of the requirements of subsections 15.9.14,
15.9.15, and 15.9.16 have been met, all new construction shall have the lowest floor, including
basement, elevated no lower than one (1) foot above the base flood elevation or at least as high
as the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter
walls be used to elevate the structure, openings sufficient to automatically equalize the
hydrostatic flood forces on exterior walls shall be provided in accordance with standards of
subsection 15.9.18.E. New construction that has met all of the requirements of subsections
15.9.14, 15.9.15, and 15.9.16 may be floodproofed in lieu of elevation. The structure, together
with attendant utility and sanitary facilities, must be designed to be watertight to one (1) foot
above the base flood elevation, or at least as high as the future-conditions flood elevation,
whichever is higher, with walls substantially impermeable to the passage of water and structural
components having the capability of resisting hydrostatic and hydrodynamic loads and the effect
of buoyancy. A registered professional engineer or architect shall certify that the design and
methods of construction are in accordance with accepted standards of practice for meeting the
provisions above, and shall provide such certification to the department designated by the Henry
County Board of Commissioners using the FEMA floodproofing certificate along with the design
and operation/maintenance plan.
2. Substantial Improvements. Substantial improvement of any principal nonresidential structure
located in A1-30, AE, or AH zones, may be authorized by the director and/or his designee to be
elevated or floodproofed. Substantial improvements shall have the lowest floor, including
basement, elevated no lower than one (1) foot above the base flood elevation or at least as high
as the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter
walls be used to elevate the structure, openings sufficient to automatically equalize the
hydrostatic flood forces on exterior walls shall be provided in accordance with standards of
subsection 15.9.18.E. Substantial improvements may be floodproofed in lieu of elevation. The
structure, together with attendant utility and sanitary facilities, must be designed to be
watertight to one (1) foot above the base flood elevation, or at least as high as the future-
conditions flood elevation, whichever is higher, with walls substantially impermeable to the
passage of water, and structural components having the capability of resisting hydrostatic and
hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect
shall certify that the design and methods of construction are in accordance with accepted
standards of practice for meeting the provisions above, and shall provide such certification to the
department designated by the city and/or its designee using the FEMA floodproofing certificate
along with the design and operation/maintenance plan.
C. Accessory Structures and Facilities. Accessory structures and facilities (i.e., barns, sheds, gazebos,
detached garages, recreational facilities and other similar non-habitable structures and facilities) which
meet the requirements of subsections 15.9.14, 15.9.15, and 15.9.16 and are permitted to be located
within the limits of the future-conditions floodplain shall be constructed of flood-resistant materials
and designed to provide adequate flood openings in accordance with subsection 15.9.18.E. and be
anchored to prevent flotation, collapse or lateral movement of the structure.

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D. Standards for Recreational Vehicles. All recreational vehicles placed on sites must either:
1. Be on the site for fewer than one hundred eighty (180) consecutive days and be fully licensed and
ready for highway use (a recreational vehicle is ready for highway use if it is licensed, on its
wheels or jacking system, attached to the site only by quick disconnect type utilities and security
devices, and has no permanently attached structures or additions); or
2. The recreational vehicle must meet all the requirements for residential buildings-substantial
improvements (subsection A.2. of this section), including the anchoring and elevation
requirements.
E. Standards for Manufactured Homes.
1. New manufactured homes shall not be allowed to be placed within the limits of the future-
conditions floodplain unless all requirements of subsections 15.9.14, 15.9.15, and 15.9.16 have
been met. If all of the requirements of subsections 15.9.14, 16.9.15, and 15.9.16 have been met,
all new construction shall have the lowest floor, including basement, elevated no lower than
three (3) feet above the base flood elevation or one (1) foot above the future-conditions flood
elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the
structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior
walls shall be provided in accordance with standards of subsection 15.9.18.E.
2. Manufactured homes placed and/or substantially improved in an existing manufactured home
park or subdivision shall be elevated so that either:
a. The lowest floor of the manufactured home is elevated no lower than three (3) feet above
the level of the base flood elevation, or one (1) foot above the future-conditions flood
elevation, whichever is higher; or
b. The manufactured home chassis is elevated and supported by reinforced piers (or other
foundation elements of at least an equivalent strength) of no less than thirty-six (36) inches
in height above grade.
3. All manufactured homes must be securely anchored to an adequately anchored foundation
system to resist flotation, collapse and lateral movement in accordance with standards of
subsection 16.9.18.G.

15.9.20 Building standards for structures and buildings authorized adjacent to the future-
conditions floodplain.
A. Residential Buildings. For new construction or substantial improvement of any principal residential building
or manufactured home, the elevation of the lowest floor, including basement and access to the building,
shall be at least three (3) feet above the base flood elevation or one (1) foot above the future-conditions
flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the
structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be
provided in accordance with standards of subsection 15.9.18.E.
B. Nonresidential Buildings. For new construction or substantial improvement of any principal nonresidential
building, the elevation of the lowest floor, including basement and access to the building, shall be at least
one (1) foot above the level of the base flood elevation or at least as high as the future-conditions flood
elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure,
openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided
in accordance with standards of subsection 15.9.18.E. Non-residential buildings may be floodproofed in lieu
of elevation.

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15.9.21 Building standards for residential single-lot developments on streams without
established base flood elevations and/or floodway (a zones).
For a residential single-lot development not part of a subdivision that has areas of special flood hazard,
where streams exist but no base flood data have been provided (A zones), the official designated by the Henry
County Board of Commissioners and/or his designee shall review and reasonably utilize any available scientific or
historic flood elevation data, base flood elevation and floodway data, or future-conditions flood elevation data
available from a Federal, State, local or other source, in order to administer the provisions and standards of this
chapter.
If data are not available from any of these sources, the following provisions shall apply:
A. No encroachments, including structures or fill material, shall be located within an area equal to twice
the width of the stream or fifty (50) feet from the top of the bank of the stream, whichever is greater;
and
B. In special flood hazard areas without base flood or future-conditions flood elevation data, new
construction and substantial improvements of existing structures shall have the lowest floor of the
lowest enclosed area (including basement) elevated no less than three (3) feet above the highest
adjacent grade at the building site. Flood openings sufficient to facilitate automatic equalization of
hydrostatic flood forces shall be provided for floodprone enclosures in accordance with subsection
16.9.18.E.

15.9.22 Building standards for areas of shallow flooding (AO zones).
Areas of special flood hazard may include designated "AO" shallow flooding areas. These areas have base
flood depths of one (1) to three (3) feet above ground, with no clearly defined channel. In these areas, the
following provisions apply:
A. All new construction and substantial improvements of residential and nonresidential structures shall
have the lowest floor, including basement, elevated to no lower than one (1) foot above the flood
depth number in feet specified on the flood insurance rate map ("FIRM"), above the highest adjacent
grade. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at
least three (3) feet above the highest adjacent grade. Flood openings sufficient to facilitate automatic
equalization of hydrostatic flood forces shall be provided for floodprone enclosures in accordance with
subsection 15.9.18.E;
B. New construction and substantial improvement of a nonresidential structure may be floodproofed in
lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed
to be watertight to the specified FIRM flood level plus one (1) foot above the highest adjacent grade,
with walls substantially impermeable to the passage of water, and structural components having the
capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A licensed
professional engineer or architect shall certify that the design and methods of construction are in
accordance with accepted standards of practice, and shall provide such certification to the official
designated by the Henry County Board of Commissioners and/or his designee using the FEMA
floodproofing certificate along with the design and operation/maintenance plan; and
C. Drainage paths shall be provided to guide floodwater around and away from any proposed structure.

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15.9.23 Standards for subdivisions of land.
A. All subdivision proposals shall identify the areas of special flood hazard and areas of future-conditions flood
hazard therein and provide base flood elevation data and future-conditions flood elevation data.
B. All residential lots in a subdivision proposal shall have sufficient buildable area outside of the future-
conditions floodplain such that encroachments into the future-conditions floodplain for residential structures
will not be required.
C. All subdivision plans will provide the elevations of proposed structures in accordance with subsection
15.9.09.
D. All subdivision proposals shall be consistent with the need to minimize flood damage.
E. All subdivision proposals shall have public utilities and facilities such as water, sanitary sewer, gas, and
electrical systems located and constructed to minimize or eliminate infiltration of floodwaters, and
discharges from the systems into floodwaters.
F. All subdivision proposals shall include adequate drainage and stormwater management facilities per the
requirements of the City of Stockbridge to reduce potential exposure to flood hazards.

15.9.24 Variance procedures.
The following variance and appeals procedures shall apply to an applicant who has been denied a permit for
a development activity or to an owner or developer who has not applied for a permit because it is clear that the
proposed development activity would be inconsistent with the provisions of this chapter.
A. Requests for variances from the requirements of this chapter shall be submitted to the department
designated by the city. All such requests shall be heard and decided in accordance with procedures to
be published in writing by the department designated by the city. At a minimum, such procedures shall
include notice to all affected parties and the opportunity to be heard.
B. Any person adversely affected by any decision of the department designated by the city shall have the
right to appeal such decision in accordance with procedures to be published in writing by the mayor
and city council. At a minimum, such procedures shall include notice to all affected parties and the
opportunity to be heard.
C. Any person aggrieved by the decision of the mayor and city council may appeal such decision to the
Superior Court of Henry County, as provided in O.C.G.A. § 5-4-1.
D. Variances may be issued for the repair or rehabilitation of historic structures upon a determination
that the proposed repair or rehabilitation will not preclude the structure's continued designation as a
historic structure, and the variance issued shall be the minimum necessary to preserve the historic
character and design of the structure.
E. Variances may be issued for development necessary for the conduct of a functionally dependent use,
provided the criteria of this section are met, no reasonable alternative exists, and the development is
protected by methods that minimize flood damage during the base flood and create no additional
threats to public safety.
F. Variances shall not be issued within any designated floodway if any increase in flood levels during the
base flood discharge would result.
G. In reviewing such requests, the department designated by the city shall consider all technical
evaluations, relevant factors, and all standards specified in this and other sections of this chapter.

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H. Conditions for Variances.
1. A variance shall be issued only when there is:
a. A finding of good and sufficient cause;
b. A determination that failure to grant the variance would result in exceptional hardship; and
c. A determination that the granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, or the creation of a
nuisance.
2. The provisions of this chapter are minimum standards for flood loss reduction; therefore, any
deviation from the standards must be weighed carefully. Variances shall only be issued upon
determination that the variance is the minimum necessary, considering the flood hazard, to
afford relief; and, in the instance of a historic structure, a determination that the variance is the
minimum necessary so as not to destroy the historic character and design of the building.
3. Any person to whom a variance is granted shall be given written notice specifying the difference
between the base flood elevation and the elevation of the proposed lowest floor and stating that
the cost of flood insurance will be commensurate with the increased risk to life and property and
that such costs may be as high as twenty-five dollars ($25.00) for each one hundred dollars
($100.00) of insurance coverage provided.
4. The department designated by the city shall maintain the records of all appeal actions and report
any variances to the Federal Emergency Management Agency upon request.
I. Any person requesting a variance shall, from the time of the request until the time the request is acted
upon, submit such information and documentation as the department designated by the Henry County
Board of Commissioners shall deem necessary to the consideration of the request.
J. Upon consideration of the factors listed above and the purposes of this chapter, the department
designated by the city may attach such conditions to the granting of variances as they deem necessary
or appropriate, consistent with the purposes of this chapter.
K. Variances shall not be issued "after the fact."

15.9.25 Violations, enforcement and penalties.
Any action or inaction which violates the provisions of this chapter or the requirements of an approved
stormwater management plan or permit may be subject to the enforcement actions outlined in this section. Any
such action or inaction which is continuous with respect to time is deemed to be a public nuisance and may be
abated by injunctive or other equitable relief. The imposition of any of the penalties described below shall not
prevent such equitable relief.

15.9.26 Notice of violation.
If the department designated by the city and/or its designee determines that an applicant or other
responsible person has failed to comply with the terms and conditions of a permit, an approved stormwater
management plan or the provisions of this chapter, it shall issue a written notice of violation to such applicant or
other responsible person by serving them personally or by registered or certified mail, sent to the address of the
applicant or other responsible person, or by email, sent to the email address of the applicant or other responsible
person. Where a person is engaged in activity covered by this chapter without having first secured a permit
therefor, the notice of violation shall be served on the owner or the responsible person in charge of the activity
being conducted on the site by serving them personally or by registered or certified mail, sent to the address of the

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owner or other responsible person, or by email, sent to the email address of the owner or other responsible
person.
The notice of violation shall contain:
1. The name and address of the owner or the applicant or the responsible person;
2. The address or other description of the site upon which the violation is occurring;
3. A statement specifying the nature of the violation;
4. A description of the remedial measures necessary to bring the action or inaction into compliance with
the permit, the stormwater management plan or this chapter and the date for the completion of such
remedial action;
5. A statement of the penalty or penalties that may be assessed against the person to whom the notice of
violation is directed; and
6. A statement that the determination of violation may be appealed as prescribed by the Henry County
Board of Commissioners by filing a written notice of appeal within thirty (30) days after the notice of
violation (except, that in the event the violation constitutes an immediate danger to public health or
public safety, twenty-four-hours' notice shall be sufficient).

15.9.27 Penalties.
In the event the remedial measures described in the notice of violation have not been completed by the date
set forth for such completion in the notice of violation, any one (1) or more of the following actions or penalties
may be taken or assessed against the person to whom the notice of violation was directed. Before taking any of
the following actions or imposing any of the following penalties, the department designated by the city shall first
notify the applicant or other responsible person in writing of its intended action, by serving them personally or by
registered or certified mail, sent to the address of the applicant or other responsible person, or by email, sent to
the email address of the applicant or other responsible person, and shall provide a reasonable opportunity, of not
less than ten (10) days (except, that in the event the violation constitutes an immediate danger to public health or
public safety, twenty-four-hours' notice shall be sufficient) to cure such violation. In the event the applicant or
other responsible person fails to cure such violation after such notice and cure period, the department designated
by the city may take any one (1) or more of the following actions or impose any one (1) or more of the following
penalties:
A. Stop-Work Order. The department designated by the city may issue a stop-work order which shall be
served on the applicant or other responsible person. The stop-work order shall remain in effect until
the applicant or other responsible person has taken the remedial measures set forth in the notice of
violation or has otherwise cured the violation or violations described therein, provided the stop-work
order may be withdrawn or modified to enable the applicant or other responsible person to take the
necessary remedial measures to cure such violation or violations.
B. Withhold Certificate of Occupancy. The department designated by the city may refuse to issue a
certificate of occupancy for the building or other improvements constructed or being constructed on
the site until the applicant or other responsible person has taken the remedial measures set forth in
the notice of violation or has otherwise cured the violations described therein.
C. Suspension, Revocation or Modification of Permit. The department designated by the city may
suspend, revoke or modify the permit authorizing the development project. A suspended, revoked or
modified permit may be reinstated after the applicant or other responsible person has taken the
remedial measures set forth in the notice of violation or has otherwise cured the violations described
therein, provided such permit may be reinstated (upon such conditions as the department designated

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by the city may deem necessary) to enable the applicant or other responsible person to take the
necessary remedial measures to cure such violations.
D. Civil Penalties. In the event the applicant or other responsible person fails to take the remedial
measures set forth in the notice of violation or otherwise fails to cure the violations described therein
within ten (10) days, or such greater period as the department designated by the city shall deem
appropriate (except, that in the event the violation constitutes an immediate danger to public health or
public safety, twenty-four-hours' notice shall be sufficient) after the department designated by the city
has taken one (1) or more of the actions described above, such department may impose a penalty not
to exceed one thousand dollars ($1,000.00) (depending on the severity of the violation) for each day
the violation remains unremedied after receipt of the notice of violation.
E. Criminal Penalties. For intentional and flagrant violations of this chapter, the department designated by
the city may issue a citation to the applicant or other responsible person, requiring such person to
appear in the municipal court of the City of Stockbridge to answer charges for such violation. Upon
conviction, such person shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or
imprisonment for sixty (60) days or both. Each act of violation and each day upon which any violation
shall occur shall constitute a separate offense.

15.9.28 Compatibility with other regulations.
The ordinance codified in this chapter is not intended to modify or repeal any other ordinance, rule,
regulation, statute, easement, covenant, deed restriction or other provision of law. The requirements of this
chapter are in addition to the requirements of any other ordinance, rule, regulation or other provision of law, and
where any provision of this chapter imposes restrictions different from those imposed by any other ordinance,
rule, regulation or other provision of law, whichever provision is more restrictive or impose higher protective
standards for human health or the environment shall control.

Chapter 16 INFRASTRUCTURE IMPROVEMENTS

16.1 Generally.
A. No person shall do any paving work, or any other related or similar roadwork, on, or adjacent to, a city road
without a permit.
B. All transportation system design, street design, and construction for nonlocal roadways shall comply with
Georgia Department of Transportation (GDOT) requirements. The latest edition of the GDOT manual,
"Standard Specifications, Construction of Roads and Bridges," shall apply.
C. Where conflict arises between GDOT standards and this section concerning non-local roadways, the stricter
standard shall apply. Design of local roadways shall be governed by the policies as stated within the UDC;
however, construction methods/practices of said roadways shall be governed by the stricter of the GDOT
standards and the UDC.
D. All materials, equipment, labor, and other matters related to street construction shall be provided by the
applicant. The following is a summary of the improvements required:
1. All streets, roads, and alleys shall be graded to their full width right-of-way by the applicant so that the
pavements and sidewalks, when installed in the future, can be constructed on the same level plane.
The preparation of the right-of-way before grading is started and the construction of cuts and fills shall
be accomplished according to the specifications of the city.

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2. Three (3) copies of an as-built subgrade centerline profile shall be submitted to the city. The profile
shall include both proposed and as-built centerline elevations at every even station. No curb and gutter
or waterlines shall be installed prior to subgrade approval.
3. An adequate drainage system, including necessary curb, pipes, culverts, headwalls, intersectional
drains, drop inlets, bridges, swale ditches, and detention areas, shall be provided for the proper
drainage of all surface water. The drainage system shall be designed by a registered professional
engineer, licensed in the State of Georgia.
4. After preparation of the subgrade, the roadbed shall have base material and paving applied according
to city specifications (see Section 16.6).
E. Roadways may be created by:
1. Dedication;
2. Prescription;
3. Express grant of an easement;
4. Deed;
5. Special statutory proceeding; or
6. Condemnation.
F. City roadways classification:
1. Private Road.
a. A private road is a roadway that is created by an easement from a landowner to a certain
individual or individuals and the use of said road can be controlled by the parties to the
easement.
b. Only one (1) building permit shall be issued by a private easement roadway.
c. A private roadway shall not be maintained by the city.
2. Public Road.
a. A paved public roadway is a roadway where the general public has acquired an implied easement
for a roadway over the property of others by virtue of the unobstructed use of said roadway for a
sufficient length of time to establish a public easement over the roadway. Public roadways are
roadways over which the public has the right to travel but have not been accepted by the city
council as city roads and the city assumes no responsibility to maintain said roadways.
b. An unpaved public roadway with rights-of-way of sixty (60) feet or greater is used for the general
public purpose and is maintained by the city consistent with the maintenance policy developed
by the city.
c. An unpaved public roadway with deeded rights-of-way of fifty (50) feet or greater, but less than
sixty (60) feet, is used for the general public purpose and was deeded to the city at a time when a
fifty-foot right-of-way was sufficient according to the ordinances in effect in the city at the time
of acceptance. These roadways shall be maintained by the county consistent with the
maintenance policy developed by the city.
d. An unpaved public roadway with rights-of-way less than sixty (60) feet is used for the general
public purpose and is maintained by the city in accordance with the maintenance policy
developed by the city, but shall not be maintained to the same standard as roads categorized in
subsection 16.4.I. hereof, because of insufficient rights-of-way. These roads shall be upgraded to

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subsection 16.4.I. as rights-of-way of sixty (60) feet or greater and deeded to the City of
Stockbridge by adjoining landowners.
3. City Road. A city roadway is one that has been acquired by dedication, prescription, by the express
grant of easement, by deed, by statutory proceedings, or by condemnation, and further has been
accepted by the city council and designated as a "city road" and the city has assumed the responsibility
to maintain said road for the general public.
G. Upon compliance with all of the provisions of the UDC, building permits may be issued for building on public
roads upon the applicant signing a "statement of understanding" that said roadway is a public road and that
the city assumes no responsibility for the maintenance of said road until such time as it becomes feasible and
advisable to accept said roadway as a "city road." The city at such time shall accept said road as a city road
provided that the property owners along said road convey a right-of-way to the city conveying the minimum
width required by the city.
H. Upon compliance with the provisions of this UDC, building permits may be issued on city roads.

16.2 Traffic impact studies (TIS).
A. Purpose and Intent. Understanding the demands placed on the city's transportation network by
development is an important dimension of assessing the overall impacts of development. All development
generates traffic, and it may generate enough traffic to create congestion and thus require the community to
invest more capital funds into the transportation network in the form of new roads, traffic signals, and
intersection improvements. Traffic congestion results in a number of problems, including economic costs due
to delayed travel times, air pollution, and accidents. By requiring traffic impact studies for proposed
developments meeting certain thresholds, the city will be better able to determine the transportation
demands of development proposals and provide for reduction of adverse impacts on the transportation
system.
B. Objectives. The city finds that requiring a traffic impact study for proposed developments that meet certain
thresholds will help to achieve the following objectives:
1. To foster and support the coordinated and comprehensive transportation plan.
2. Provide transportation investments that reinforce the land use plans and development vision of the
city.
3. Forecast additional traffic associated with new development based on accepted practices.
4. Determine the improvements that are necessary to accommodate new development.
5. Allow the city government to asses the impacts that a proposed development may have and assist the
city government in making decisions regarding development proposals.
6. Help so ensure safe and reasonable traffic conditions on streets after the development is complete.
7. Reduce the negative impacts created by developments by helping to ensure that the transportation
network can accommodate the development.
8. Protect the substantial public investment in the street system.
9. Provide information relevant to comprehensive planning, transportation planning, and future transit
planning, and the provision of programs and facilities for traffic safety, road improvements,
transportation demand management, pedestrian access, and other transportation system
considerations.
C. Thresholds of Applicability. A traffic impact study shall be required for all developments that are expected to
generate more than one hundred (100) new trips during a morning or evening peak hour or more than seven

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hundred fifty (750) new trips in an average day or involves the construction of fifty thousand (50,000) square
feet or greater of nonresidential building space, in single or multiple phases. Developments of regional
impact (DRIs) are exempt from the aforementioned criteria. All DRIs shall adhere to the guidelines set forth
by the Georgia Department of Community Affairs (DCA). The traffic study shall be prepared in accordance
with industry accepted standards, including, at a minimum, level of service impacts for adjacent roadways
and intersections and a mitigation package to address the cumulative effects from the project's impact. Said
applicant shall be also required to coordinate and fund any recommended mitigation measures limited to
project related improvements with applicable Federal, State, and local agencies, including the Georgia
Regional Transportation Authority (GRTA) and the Atlanta Regional Commission (ARC). The determination of
a traffic study shall be made during the zoning request stage or during the phase in which a site plan is
submitted for a land disturbance permit. The director or his/her designee shall notify the appropriate
departments within five (5) business days. Traffic impact studies shall be required for submittal during the
land disturbance stage and shall not be required during the zoning process.
D. Exemptions.
1. A traffic impact study is not required if a development proposal is initiated by the city.
2. Any development of regional impact (DRIs) the complies with the rules of the Georgia Department of
Community Affairs (DCA), the Atlanta Regional Commission (ARC), and Georgia Regional Transportation
Authority (GRTA) shall be exempt from this chapter.
3. A traffic impact study will not be required by the city for those developments with frontage and access
along a State route.
E. Trip Generation Data. The source for trip generation rates for the purposes of this chapter shall be the most
recent edition of "Trip Generation" published by the Institute of Transportation Engineers (ITE), unless
otherwise approved by the director. Determinations of whether this chapter applies shall be made based on
application of data from ITE Trip Generation, which may change from time to time, or as otherwise approved
by the director.
F. Determination of Applicability. At the time a development proposal is filed, or during any pre-application
meeting for zoning proposal, exclusive of variances and modifications to a zoning condition, the director shall
determine whether a traffic impact study shall be required according to this section.
Applicants for development proposals shall provide sufficient information about the development proposal
(e.g., number of dwelling units, square footage of buildings, number of employees, land area of the development,
etc.) for the director to apply professionally accepted trip generation rates to the proposed development. All traffic
studies shall be required to be submitted before the issuance of any development permits, including, but not
limited to, a land disturbance, clearing and grading, building permit, and/or development permit.
G. Cases Where Data is Not Available. If information submitted by the applicant of the development proposal is
sufficient to calculate the trip generation that would be expected to result from the proposed development,
but trip generation rates or other data are not available or in sufficient quantity of studies to make a
determination of applicability, then under the terms of this section, the following shall apply:
1. The director shall determine if:
a. Professionally acceptable trip generation rates applicable to the subject development exist from
other reputable sources, such as the Journal of the Institute of Transportation Engineers;
b. Other trip generations studies of similar development are available; or
c. Professionally acceptable trip generation rates for one (1) or more similar land uses can be used
in making the determination of applicability.
H. Specifications for Peak-Hour Trip Generation Studies.

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1. Discounting of "Pass-By" Trips. The peak-hour trip generation study may subtract from the empirical
data on actual vehicle trips if those trips are reasonably considered to be "pass-by" trips as defined by
this chapter, using professionally accepted assumptions about the percent of "pass-by" trips approved
by the director.
2. Reduction for Internal Trips in Multiuse or Mixed-Use Development. In calculating the new trips
generated from a proposed development containing multiple uses or mixed-use a qualified
professional with the approval of the director my apply a percentage reduction to the total vehicle trips
shown in any peak hour trip generation study to account for internal trips, as defined in this chapter, so
as to account for (discount) the number of internal trips reasonably expected to occur in such multiuse
or mixed-use development. Said reduction shall not exceed twenty-four percent (24%) of total trips
generated.
I. Study Scope Meeting. Once it is determined that a traffic impact study is required, a scope meeting must be
held with the developer or his or her consultant and the appropriate representatives of the city. It will be the
responsibility of the developer or his or her consultant to initiate this meeting. The purpose of this meeting is
to discuss the availability of site-specific information concerning the development, available forecasts of
traffic volumes, and to ensure the applicant understands the content requirements for traffic impact studies.
J. Required Contents of a Traffic Impact Study. A traffic impact study must evaluate the adequacy of the
existing transportation system to serve the proposed development and determine the expected effects of
the proposed development on the transportation system. The traffic impact study must provide adequate
information for city staff to evaluate the development proposal and, when appropriate, recommend
conditions of approval.
The qualified professional preparing the traffic impact study is encouraged to coordinate preparation with
city staff and staff from other jurisdictions, as appropriate, to ensure that all necessary components are included in
the traffic impact study and to reduce revision and review time. To be reviewed, the traffic impact study must
include the following minimum components:
1. Title Page. A title page listing the name of the proposed development and its location.
2. Table of Contents. A table of contents outlining the study shall be provided.
3. Certification. The study shall be signed and stamped by a qualified professional.
4. Executive Summary. An executive summary discussing the development, the major findings of the
analysis, and recommendations made by the qualified professional shall be provided.
5. Vicinity Map. A vicinity map showing the location of the proposed project in relation to the
transportation system of the area.
6. Study Area Map. A map of the traffic impact study area. For the purposes of this chapter, the traffic
impact study area shall be determined according to trip generation rates as follows. In the event there
is a difference because of applying peak and total trips, the more restrictive requirement (larger study
area) shall apply.
Study Area Size Requirements
Peak Hour Trips Daily Trips Distance from Perimeter of
Generated Generated Proposed Development Along Roads
100—150 750—1,500 ½ mile
151—500 1,501—5,000 1 mile
501—1,000 5,001—10,000 2 miles
1,001 or more 10,001 or more 3 miles

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7. Inventory of Transportation Facilities in the Study Area. A description of transportation facilities in the
study area, including roadway names, locations, and functional classifications, intersection lane
configurations, traffic control (including signal timing), existing rights-of-way, transit routes and stops
(if any), pedestrian and bicycle facilities, and planned transportation system improvements. An existing
lane configuration sketch shall be submitted for all roadways intersections within the study area.
8. Site Plan and Development Data. A complete description of the proposed development, including a site
plan with the best available information as to the nature and size of each proposed used and the
proposed location and traffic control of all proposed access points, including the distance from all
proposed access points to adjacent access and/or streets, including those across a street right-of-way
from the subject development.
9. Existing Traffic Volumes. Peak and total daily traffic volumes on all arterial, collector, and local streets
within the study area. Traffic counts should be no more than one (1) year old when the report is
prepared. Traffic counts between one (1) and three (3) years old may be used if factored to the current
year. Traffic counts older than three (3) years will not be accepted. Utilizing available data from an
industry accepted source, i.e., Georgia Department of Transportation, Henry County Department of
Transportation, City of Stockbridge, or Atlanta Regional Commission.
10. Facility Performance. Existing performance of the transportation system, including levels of service
(LOS) and volume/capacity ratios (V/C) for all intersections and road segments, as appropriate, within
the study area. Identification of any project related improvements necessary to mitigate the impact on
the level of service (LOS) for the abutting roadways and unsignalized/signalized intersection resultant
from the trips generated by the proposal.
11. Trip Generation. Complete trip generation figures for all aspects of the proposed development. The
source for trip generation rates shall be most recent edition of "Trip Generation" published by the
Institute of Transportation Engineers (ITE), unless otherwise approved by the director. If phased
development is proposed, the study shall include projections for the year that each phase of the
development is planned to be complete. The traffic impact study shall also include trip generation data
for any pending and approved developments that would affect the study area. The city staff shall
facilitate the review of applicable files by a qualified professional to determine the names and
development characteristics of pending and approved developments in the study area.
12. Trip Distribution and Assignment. Trip distribution for the proposed development. For developments
expected to generate more than thirty (30) truck trips per day, the study shall include separate trip
distribution figures for trucks.
13. Forecast Performance Without the Development. Forecast performance, including levels of service
(LOS) and volume/capacity (V/C) ratios of the transportation system without the development in the
year that each phase is planned to be complete and in the horizon year.
14. Forecast Traffic Volumes with the Development. Forecast traffic volumes with the development, on all
arterial, collector, and local roads within the study area, in the year that the proposed development is
planned to commence and in the horizon year.
15. Forecast Performance with the Development. Forecast performance, including levels of service (LOS)
and volume/capacity (V/C) ratios of the transportation system with the development in the year that
each phase is planned to be complete and in the horizon year.
16. Sight Distance. A safety analysis of the site accesses and an assessment whether adequate sight
distances are provided at driveways and streets abutting the development.
17. Operational Characteristics. Analysis of prevailing operating speeds, if significantly different than speed
limits, right and left turn lane warrants, queue lengths, acceleration and deceleration lanes, including
lengths and tapers, throat lengths, channelization, and other characteristics of the site accesses, which

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exist and may be needed, as appropriate. The traffic impact study shall address whether driveways and
intersections are located and spaced safely and designed to accommodate expected traffic volumes
and maneuvers. The operational characteristics analysis shall also evaluate the turning and traveling
characteristics of the vehicles that will be using the proposed development and the adequacy of the
geometrics of the existing and proposed roadway (public and/or private) configurations to
accommodate these characteristics.
18. On-Site Circulation. The traffic impact study shall address whether on-site vehicular and pedestrian
circulation and parking layouts are safe and efficient.
19. Significant Impacts. Analysis as appropriate of any potential adverse or controversial effects of the
proposed development on the transportation system in the area. Examples of possible effects include,
but are not limited to, infiltration of nonresidential traffic into residential neighborhoods, traffic noise,
creation of potential for traffic violations, conflicting turning movements with other driveways, any
new pedestrian or bicycle transportation needs arising from the development, etc.
20. Mitigation Measures and Costs. Listing of all intersections and road segments that are forecasted to be
level of service "E" and "F" in the horizon year, or if phased, in the years that each phase is planned to
be complete, and an identification and description of specific mitigation measures, including signal,
turn lane, or other warrant analyses as appropriate and necessary to bring these intersections and road
segments into compliance with a level of service "C" or other city adopted level of service for said road
segment or intersection. Should the proposed development reduce the level of service, mitigation
factors must be included and will be included as a condition of final plat approval. If roadway
improvements are needed, the study shall show a drawing at an engineering scale of one (1) inch
equals twenty (20) feet for all recommended lane configurations. If signalization is warranted by the
traffic signal warrants outlined in the Manual on Uniform Traffic Control Devices (MUTCD), a warrant
analysis shall also be conducted as a part of the traffic impact study. If a traffic signal is warranted, the
warrant package in the study shall show a drawing at an engineering scale of one (1) inch equals
twenty (20) feet detailing the signal design and phasing plans. The estimated cost associated with
implementing all such mitigation measures shall be provided in the traffic impact study. The traffic
impact study may consider any city/county/State-approved roadway, traffic signalization and other
improvements in determining mitigation measures and providing recommendations.
21. Alternative Transportation. Alternative transportation (sidewalk, bicycle, transit) needed because of
the study, shall be identified.
22. References. A listing of all technical documents and resources cited or consulted in preparing the traffic
impact study.
23. Technical Appendix. Relevant technical information, including, but not limited to, copies of raw traffic
count data used in the analysis, calculation sheets and/or computer software output for all LOS and
V/C calculations in the analysis, warrant worksheets for signals, turn lanes, and signal phasing, etc.
used in the analysis.
K. Additional Technical Specifications. The director is further authorized to promulgate and require the use of
additional technical specifications for conducting traffic impact studies, which shall be consistent with
analysis methods included in the most recent Highway Capacity Manual, Manual on Uniform Traffic Control
Devices, and/or Traffic Access and Impact Studies for Site Development: A Recommended Practice
(Washington, DC: Institute of Transportation Engineers, 1991), as may be amended or republished from
time-to-time.
L. Costs and Fees. The city assumes no liability for any costs or time delays (either direct or consequential)
associated with the preparation and review of traffic impact studies. There shall be no application review fee
for a traffic impact study.

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M. Submittal and Review of Study. The applicant for the proposed development or the qualified professional
shall submit one (1) electronic copy of the traffic impact study and technical appendix, three (3) paper copies
of the traffic impact study, and one (1) paper copy of the technical appendix to the director. The director
shall review all calculations and analyses and determine if they are complete, reasonable, understandable,
consistent, and fully explained. The conclusions presented in the traffic impact study shall be consistent with
and supported by the data, calculations, and analyses in the report. Calculations, graphs, tables, data, and/or
analysis results that are contrary to good common sense or not consistent with and supported by the data
will not be accepted. In such events, the director shall return the traffic impact study to the development
applicant for correction.
N. System Improvements. The director shall include system improvement recommendations in the conditions
for approval of the development plan.

16.3 Access requirements.
A. Requirements for Connection to Existing Street System.
1. All proposed development shall provide a street system that is connected to the existing or planned
street system. All proposed streets shall be continuous and in alignment with existing, planned, or
platted streets.
2. Proposed streets shall be extended to the boundary lines of the tract to be developed or subdivided,
unless prevented by topography or other physical conditions.
3 Whenever a subdivider divides a parcel where one-half of a road or alley exists on the adjacent parcel,
the subdivider shall dedicate the other half of the road or alley such that together there will be
sufficient right-of-way for the street or alley.
B. Frontage on a State Highway or Arterial Street.
1. When a tract fronts on a State highway, major arterial, or minor arterial street, a frontage street may
be required for access to individual lots.
2. All residential lots in a subdivision shall only take direct access from within the subdivision.
3. Any access to a State highway shall be consistent with the requirements of the GDOT.
C. No approval shall be granted for a subdivision, or subsequent phase or addition to an existing subdivision,
unless the property is served by a paved county road, with right-of-way sufficient to meet the requirements
of subsection 17.4.I.
D. Specific Access Requirements for Developments.
1. Emergency vehicle access shall be provided to all lots within a subdivision.
2. In order to ensure emergency vehicle access, every subdivision with more than fifty (50) lots shall have
at least two (2) continuously open points of ingress/egress from the existing street system.
3. Access points, whether private commercial/industrial drives or city or county roadways, shall line up
directly across from one another when possible. For driveways/roadways that require an offset, the
spacing between drives/roadways, whether on the same side or opposite side of the intersecting
roadway shall be required to have the minimum centerline to centerline spacing:
Posted Speed Limit Spacing Required
Up to 30 mph 125 feet
35 mph 150 feet
40 mph 185 feet

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45 mph 230 feet
50 mph 275 feet
55 mph 350 feet

For intersecting roadways that are not classified as collector or above and have posted speed limits
thirty (30) miles per hour or less, private commercial/industrial driveways may be allowed to have a
reduced offset requirement at the city's or Henry County Department of Transportation's discretion.
4. Where a subdivision is providing two (2) or more connections to the existing street system pursuant to
subsection 16.3.D.2., the requirement for two (2) points of ingress/egress is met. The requirement for
access shall not be satisfied by a stub-out to a future, planned, or platted street that has not been
constructed.
5. A subdivision on a single, dead-end street, containing twenty (20) or fewer lots shall not be required to
provide two (2) points of ingress/egress as otherwise required in paragraph D.2., above.
6. Where a subdivision is allowed one (1) point of access pursuant to subsection 16.3.D.2., that entrance
street shall be designed with a three-lane divided entrance street. The right turn lane shall be required
to have a seventy-five-foot radius to provide needed lateral separation between two (2) cars exiting at
the same time.
E. Limitations on Residential Curb Cuts. Within any residential zoning district (see subsection 16.3.D.3. for other
driveway spacing requirements) where the lowering or cutting away of any curbs for purposes of ingress and
egress is required, such curb cut shall be subject to the following provisions:
1. Any parcel of property with frontage of less than one hundred (100) feet on any one (1) street shall be
allowed only one (1) combined entrance and exit.
2. Any parcel of property with frontage of one hundred (100) feet to two hundred (200) feet on any one
(1) street shall be allowed no more than two (2) combined entrances and exits.
3. Any parcel of property with frontage of more than two hundred (200) feet on any one (1) street shall
be permitted additional entrances or exits after showing of actual requirements of convenience and
necessity and upon approval of the city.
4. At street intersections, no curb cut shall be located within fifty (50) feet of the intersections of two (2)
curb lines or such lines extended, or within fifteen (15) feet of the intersection of two (2) property lines
extended.
5. The distance between any two (2) curb cuts on the same side of the street and located on one (1)
property shall be not less than ten (10) feet. Curb cut distance shall be measured between the points of
tangency of the curb return radii and the established curb line of the abutting street.
6. All driveways shall be constructed to be at least two (2) feet from any property line.
7. The maximum width of any driveway shall not exceed forty (40) feet measured at the right-of-way line.
8. The maximum width of any curb cut, including curb returns, shall not exceed fifty (50) feet.
9. The sum of the two (2) curb return radii for any one (1) curb cut shall not exceed fifteen (15) feet.

16.4 Design and construction standards for streets.
A. Location.
1. The location, arrangement, extent, width, and grade of all streets shall conform to the comprehensive
plan and the comprehensive transportation plan and shall be considered in relation to existing and

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planned streets, topographical conditions, public safety and convenience, and proposed use of land to
be served by the streets. The layout of a subdivision shall conform to the requirements and design
principles described in this UDC.
2. The location of all streets and roads shall conform to the comprehensive plan and the comprehensive
transportation plan. Provision shall be made in developments for the construction of streets at
locations shown in the comprehensive plan and comprehensive transportation plan.
3. Whenever a tract to be subdivided includes any part of a major arterial, minor arterial, major collector,
or minor collector street designated on the comprehensive plan or comprehensive transportation plan,
such part of said street shall be installed by the applicant in the location and at the full width indicated
by the functional classification for right-of-way and pavement widths indicated in this UDC.
B. Design and construction standards for curb and gutter.
1. Curbs shall be required in all residential subdivisions.
2. Curbs shall be required for streets in commercial and industrial subdivisions.
3. Curbs in all subdivisions shall be L-back curbs twenty-eight (28) inches in overall width, six (6) inches
thick, and shall have an eighteen-inch gutter.
4. Curb and gutter immediately adjacent to the major travel lane along roadways with a posted speed
limit of forty (40) miles per hour or forty-five (45) miles per hour shall be L-back curbs thirty (30) inches
in overall width, six (6) inches thick, and shall have an eighteen-inch gutter. The curb and gutter shall
be per GDOT Standard 9032B.
5. All curbs shall be constructed of Portland cement concrete.
6. Curbs shall be designed to provide handicapped access at street intersections, wherever sidewalks are
constructed.
C. Street Grade Standards.
1. Grades on major and minor arterials shall not exceed five percent (5%) and grades on local residential
streets shall not exceed twelve percent (12%).
2. All changes in grade shall be connected by vertical curves which adhere to the design criteria as set
forth by the more restrictive of the 1990 or 2004 AASHTO Guide, A Policy on Geometric Design of
Highways and Streets.
D. Radius of Horizontal Curves. The radius of horizontal curves on local residential streets within a subdivision
shall be no less than two hundred (200) feet. The horizontal radius for collector and arterial streets or any
streets with a design speed of more than twenty-five (25) miles per hour shall comply with the latest version
of the American Association of State Highway and Transportation Officials (AASHTO) standards. The radius of
horizontal curves on local commercial and industrial streets within a subdivision shall be no less than three
hundred (300) feet.
E. Street Intersection Standards.
1. Street intersections shall be as nearly at right angles as possible.
2. In residential subdivisions, no intersection shall be at an angle of less than eighty (80) degrees or more
than one hundred (100) degrees.
3. Street intersections in commercial and industrial subdivisions shall be at an angle of no less than ninety
(90) degrees, if at all possible. At the director's discretion, street intersection angle may be allowed to
be between eighty (80) degrees and one hundred (100) degrees.

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4. The minimum curb radius at street intersections shall not be less than twenty-five (25) feet in
residential subdivisions. For streets/roadways to have a dual lane exit, the exit curb radius shall not be
less than seventy-five (75) feet. Where a county collector or an arterial roadway intersects with
another county collector or arterial roadway the minimum radii at the intersection shall be fifty (50)
feet.
5. The minimum curb radius of street intersections for industrial and commercial subdivisions shall be
fifty (50) feet. For commercial/industrial streets/roadways to have a dual lane exit, the exit curb radius
shall not be less than seventy-five (75) feet.
6. Pedestrian ramps shall be designed for all intersections in accordance with standard drawings for
subdivisions and residential developments designed to include sidewalks and shall meet the minimum
standards in of the Georgia Accessibility Code, Chapter 120-3-20 of the Rules and Regulations of the
Georgia Safety Fire Commissioner. The curb shall be depressed to accommodate future installations at
the same time as the curb.
7. Interior subdivision street intersections shall have a minimum centerline offset of at least one hundred
twenty-five (125) feet when not aligned directly across from one another. See subsection 17.3.D.3. for
requirements of intersection offsets on roadways with posted speed limits over thirty (30) miles per
hour.
F. Minimum Tangent Lengths. The minimum tangent lengths on roadways with superelevation shall be
governed by the minimum runoff and runout lengths necessary to adequately transition the superelevation
rates required for the curvature based on the design speed and maximum allowable superelevation rate of
the roadway. Design speeds, typical sections of roadway, maximum superelevation rates, and other roadway
design items are to be set by the city on an individual roadway basis. The minimum tangent lengths on
commercial and industrial subdivision streets are one hundred (100) feet.
G. Dead End Street. Local streets designed to have one (1) end permanently closed and not connected with any
existing street, proposed future street, or not intended to extend to the property line of an adjacent tract,
shall be no longer than seven (7) times the lot width required by the underlying zoning district, unless
necessary due to the topographic or other physical conditions of the property.
1. Permanent dead-end streets shall be joined by a cul-de-sac with a paved turnaround having an outside
diameter of eighty (80) feet and a right-of-way of at least one hundred ten (110) feet diameter. Dead-
end streets designed to be permanent and that exceed more than eight hundred (800) feet in length
may be required to have a cul-de-sac turn around midway between the entrance intersection and the
end of the street to provide maneuvering for emergency vehicles, when the dead-end street is the only
street in a subdivision.
2. Stub streets which are intended to provide access for future development within a tract of land or
adjacent tracts shall be required to have a temporary turnaround area having a diameter of at least
eighty (80) feet, consisting of six (6) inches of graded aggregate base.
3. For subdivisions with a temporary turnaround, it shall be required of the applicant to provide a letter of
credit equal to the cost of permanent cul-de-sac construction.
H. Alleys. Alleys may be provided at the rear of lots in residential, commercial, and industrial subdivisions.
I. Right-of-Way and Pavement Width Standards.
Right-of-way and Pavement Width Standards
Street Type Minimum Required Required Pavement Width (feet)
Right-of-Way (feet) With curbs Without curbs
Major arterial 100* 52—53† 48*

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Minor arterial 80* 28—29† 24*
Collector 80* 28—29† 24*
Local street
Residential 50 28 Prohibited
Industrial 60 30 Prohibited
Commercial 60 28 Prohibited
Cul-de-sac
Residential 80 80 Prohibited
Commercial/indus- 110 110 Prohibited
trial
Alleys 0 20 20

* The city may require additional right-of-way and pavement widths in specific situations. Roadways with medians and/or
additional language will require extra right-of-way and pavement widths.
† Roadways with posted speed limits of forty (40) miles per hour or forty-five (45) miles per hour will require thirty-inch curb
and gutter.
J. Additional Street System Requirements for Major Subdivisions or Commercial/Industrial Development.
1. Private streets are permissible and shall meet and adhere to all city standards. Every subdivision with
private streets shall have a mandatory homeowners' association.
2. Subdivisions that adjoin existing streets shall dedicate additional right-of-way if needed to meet the
minimum street right-of-way requirements.
3. Half streets shall be prohibited except where essential to the reasonable development of the
subdivision.
4. Where it is determined to be practical to require the dedication of the additional half when adjoining
property is subdivided, the other half of the street shall be platted to create a full width right-of-way
serving the adjoining tracts of land.
5. Any subdivision or development which has an entrance onto a State highway, major arterial, minor
arterial, or collector city road shall provide lanes for deceleration, ingress, and egress. Design
requirements of GDOT shall be met on State roads and design requirements of the city shall be met on
city roads.
6. Any subdivision or development which has an entrance onto a major arterial, minor arterial, or
collector roadway shall be required to design and construct a left turn lane improvement if the criteria
is met as stipulated in Chapter 4 of the GDOT Regulation for Driveway and Encroachment Control. The
developer will also be responsible for acquisition of right-of-way as well as for the relocation of
utilities.
7. The names of proposed streets shall not duplicate existing street names, irrespective of the use of the
word street, avenue, boulevard, drive, place, court, etc., in the naming of the street.
K. No Parking. No parking areas shall be established for the use of fire equipment and emergency vehicles to
ensure access to the premises in cases of emergency. Said areas shall be marked "Fire Lane-No Parking." The
fire lane areas shall comply with provisions of the Henry County Code of Public Safety.

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16.5 Joint access.
Joint Access Driveways and Cross Access Easements. Joint access driveways and cross access easements shall
be required in corridor overlay districts, interchange activity center zoning districts, and rural neighborhood
commercial development areas according to the following provisions:
A. Adjacent commercial or office properties shall provide a cross access drive and pedestrian access to
allow circulation between sites through a system of joint use driveways and cross access easements.
The design of the joint or cross access area shall incorporate the following:
1. A continuous service drive or cross access corridor extending the entire length of each block
served to provide for driveway separation;
2. Stub-outs and other design features to make it visually obvious that the abutting properties may
be tied in to provide cross-access via a service drive; and
3. Sufficient separation between side street access to the property and the major road to ensure
safety.
B. In order to ensure continuous availability of access to all properties, all property owners shall:
1. Record an easement with the deed allowing cross access to and from other properties served by
the joint use driveways and cross access or service drive;
2. Record an agreement with the deed that remaining access rights along the thoroughfare shall be
dedicated to the city and pre-existing driveways shall be closed and eliminated after construction
of the joint-use driveways; and
3. Record a joint maintenance agreement with the deed defining maintenance responsibilities of
property owners.

16.6 Construction requirements for residential, industrial, and commercial subdivision
streets.
The grading, base, and pavement for street construction shall be as follows:
A. Grading. All streets shall be graded to the elevations shown on the approved construction plans.
1. The contractor may begin clearing and grubbing the project after:
a. A development permit has been issued by the city;
b. A pre-construction conference has been held, the director or designee duly notified; and
c. All required silt and erosion control measures have been installed and approved.
2. Clearing and Grubbing.
a. All trees, stumps, logs, roots, grass, weeds, poles, and other objectionable matter shall be
cleared and grubbed from within the construction limits of the project.
b. A thirty-foot undisturbed buffer shall be maintained on all property lines prior to
submission of construction plans.
c. No rubbish or other material resulting from the clearing and grubbing of the roadway shall
be buried at the site.

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d. If burning is permitted, all burn pits shall be located outside of the roadway construction
limits. After burning, the pit shall be cleared out. A city inspection is required prior to
backfilling and must be shown on the final plat.
3. Excavation.
a. All grading operations shall be planned and executed by the contractor in such a manner as
to provide suitable subgrade material for the roadway with the top twelve (12) inches
compacted to one hundred percent (100%) maximum dry density, ninety-five percent
(95%) below the top.
b. In areas where the material in place is not suitable for subgrades, these areas shall be
undercut a minimum of twelve (12) inches and backfilled with suitable material.
c. All rock and boulders in the roadbed shall be excavated and the space backfilled to the
correct grade with suitable material.
d. Any stones, broken rock, or boulders resulting from the grading of the roadway may not be
placed in any roadway fill area except when approved by the director and then under
his/her supervision.
e. During the construction of the roadway on a day-to-day basis, the roadbed edges shall be
kept lower than the center and the grading shall be done so that the surfaces of the
excavated areas and fill shall be kept reasonably smooth and well drained. Adequate
surface ditches shall be cut at the tops of cut slopes, extending to each end of the cuts in
order to carry the water from the side hill. Side ditches or gutters emptying from cuts to fill
areas shall be turned outward so as to prevent erosion of the fill slopes.
4. Placement of Fill.
a. Fill construction shall not begin until all clearing and grubbing of the fill area has been
completed.
b. All depressions in the ground shall be filled level with the adjacent surface using suitable
material and compacted to the approximate density of the surrounding soil before
placement of the fill is begun.
c. The entire area upon which fill is to be placed shall be plowed, scarified, and finely broken
up to a depth of a minimum of six (6) inches.
d. Before the placement of fill material is begun, all loosened soil shall be compacted the
approximate density of the underlying soil.
e. Where a depth of fill and surfacing is three (3) feet or less, the original ground shall be
compacted a minimum twelve (12) inches deep to at least ninety-five percent (95%) of the
maximum laboratory dry density as determined from representative samples of the
material being compacted.
f. In areas where layers of organic or other unstable materials exist, the existing ground shall
be excavated, for the full width of the fill area, to an underlying stable material. The
subgrade thus created shall then be compacted to the approximate density of the
underlying material.
g. All fill material shall be deposited and spread in uniform horizontal layers, no more than six
(6) inches thick, for the full width of the fill area, and these layers shall be kept uniform by
the use of graders, bulldozers, or other approved equipment.

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h. Each layer shall be compacted within the range of optimum moisture content necessary to
achieve the compaction required. Material containing too much water shall be dried to the
correct moisture content. If the material is too dry, water shall be added and uniformly
mixed with the soil before it is compacted.
i. Fills shall be compacted to at least ninety-five percent (95%) of the maximum dry density to
within the top twelve (12) inches of the fill. The top twelve (12) inches of the fill shall be
compacted to at least one hundred percent (100%) of the maximum dry density.
j. The entire roadbed shall be scarified and compacted with a sheep's foot or other approved
rollers.
k. While the work is in progress, contractor shall maintain the surface in a manner so that the
excavation, fills, subgrade, base course, and ditches always present a smooth and even
surface.
l. The contractor shall have available on the job at all times at least one (1) motor patrol
grader with adequate power to blade and maintain the roadbed.
5. Final Finishing of Roadway.
a. After all excavation has been completed and all fills have been placed, the entire road bed
surface shall be finally shaped with a grading machine supplemented with hand work
whenever required to secure a smooth surface and uniform cross-section.
b. Slopes of cuts and fills shall also be carefully shaped to the true section specified.
c. When final shaping is finished, the road surface shall conform accurately to the line, grade,
and cross-section shown of plans, and no roots, sod, grass, stones, or other unsuitable
material shall remain in the top twelve (12) inches of the finished roadbed.
d. All ditches and drains shall be opened to effectively drain the roadway.
B. Placement of Curb and Gutter.
1. After sanitary sewer lines have been installed, all storm drainage in place, and the final finishing
of the roadway has been approved by the director or designee, and the centerline profile has
been approved, the installation of the concrete curb and gutter may begin.
2. Any curb and gutter which does not conform to a true section, texture, line, and grade shall be
removed and replaced as directed by the director or designee.
3. Water lines shall be installed after installation of the curb and gutter.
C. Subgrade.
1. Before placing any pavement base, the entire surface of the subgrade shall be plowed, harrowed,
and mixed to a depth of at least six (6) inches. If a subgrade stabilization material is required,
then it shall be incorporated into the subgrade at this time.
2. After the material has been thoroughly mixed, the subgrade shall be brought into a proper line
and grade and compacted to one hundred percent (100%) of maximum dry density just prior to
placing the base material.
3. The centerline profile shall conform to the established elevations with an acceptable tolerance of
one-half (½) inch.
4. The acceptance crown tolerance shall be one-half (½) inch.
D. Base Construction.

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1. The director shall be notified twenty-four (24) hours prior to the placing of any base material.
2. The director may authorize the placing of the base material after all equipment necessary for the
proper construction of road base is on the project and the subgrade has been brought to the
proper line, grade, and crown and compacted to the required density.
3. The director shall check the completed base course after the base material has been placed and
compacted to the required density. All areas found to be deficient shall be marked and corrected
before any asphalt pavement is placed. Areas where the crown is found to exceed that which is
specified or the exposed edge of the concrete gutter is less than the minimum depth required,
shall be reshaped and rolled to obtain the required cross-section.
4. After the compacted material has been approved, field tests shall be taken by the field contractor
and by a professional engineer as directed by the director to determine the thickness of the
constructed base course. Tests shall be taken at four hundred (400) feet intervals alternating
between each lane and center of roadway. Measurements shall be taken per GDT-42, Method of
Test for Measurement of Thickness of Bases and Subbases. Areas found to be deficient in
thickness shall be corrected as directed by the director or designee. No asphalt course shall be
placed until deficiencies in base have been adequately addressed.
5. A copy of all delivery tickets for the graded aggregate base material shall be furnished prior to
placing any asphaltic concrete paving material. A shortage in the base material used shall require
that the asphaltic concrete surface course thickness be increased.
6. All work and materials shall be in accordance with the pertinent Graded Aggregate Construction
sections of the Georgia Department of Transportation "Standard Specifications," latest edition.
E. Soil Cement. A soil cement base may be used to improve the subgrade but shall not be used as a
substitute for base construction.
F. Paving.
1. The contractor shall begin the construction of the asphaltic concrete pavement upon approval of
the road base by the director.
2. All asphaltic concrete material and construction shall be in accordance with the "hot mix
asphaltic concrete construction" sections of the Georgia Department of Transportation "Standard
Specifications," latest edition.
3. The director shall check the cross-section of the finished pavement. Any area found to be
deficient shall be marked and a record of deficiencies made by the director or designee.
4. If, in the opinion of the director, the extent of deficiencies will impair the performance of the
pavement, he/she shall direct that an overlay of a minimum thickness of one (1) inch be placed
before the roadway is opened to traffic.
5. A copy of the delivery tickets for the asphaltic concrete material used shall be furnished to the
director at the time of completion of the work. If the delivery tickets indicate a shortage in the
material used from the quantity estimated, then the director or designee may require a minimum
one-inch overlay of the streets.
6. As mentioned in subsection 16.6.D.4., the base thickness is to be measured and accepted by the
city prior to placement of any asphalt course. The applicant shall have core tests made to verify
the thickness and compaction of the two-inch asphalt pavement course. The minimum core
diameter shall be such that compaction of the sample can be determined in the lab and
subsequent data supplied to the director or designee. The compaction of the course shall be
required to meet Georgia Department of Transportation (GDOT) specifications per the asphalt

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mix placed. If a two-course asphalt section is required, the cores for the binder layer shall be cut,
reviewed, and approved by the director prior to placement of the topping lift. Also, in the event
that a two-course asphalt section is required, the cores for the topping lift, if between one and
one-half (1½) inch and one and one-quarter (1¼) inch in thickness, shall be made to determine
the thickness only. All cores shall be made on four hundred-foot intervals, alternating between
each lane and center of roadway. If these cores indicate a deficiency in thickness or compaction
of the asphalt pavement, an overlay shall be required when the following deficiencies occur:
a. When the number of cores deficient in thickness within the allowable one-quarter-inch
tolerance, or deficient in compaction exceeds thirty-five percent (35%) of the total cores
taken on one (1) street.
b. When two (2) or more consecutive tests show a deficiency of more than one-quarter-inch
allowable tolerance or a deficiency in compaction. When a core shows a deficiency in
excess of the allowable tolerance or compaction additional cores shall be taken to
delineate the area of the deficient thickness/compaction.
7. The applicant shall correct any deficiency with an overlay extending a minimum of one hundred
fifty (150) feet beyond the outer limits of the deficient area for the full width of the street.
Smooth, neat joints shall be saw cut normal to the roadway for full depth of asphalt pavement,
removing the original pavement for a minimum of ten (10) feet at each end of the overlay. The
thickness of the overlay shall be determined by the depth of the deficient area and shall not be
less than one and one-quarter-inch in compacted thickness. The type of material used in the
overlay shall be specified by the director.
G. Shoulder and Drainage Improvements. After the paving has been inspected and approved, the
pavement edges or behind the curb and gutter shall be backfilled and compacted and the ditches and
back slopes properly graded, shaped, seeded, and mulched. An eighty percent (80%) stand of grass
shall be obtained. All swales and ditches excavated below required depth shall be backfilled and
compacted to ninety-five percent (95%) of maximum dry density.
H. Compliance with Minimum Standards. Road design and construction for residential subdivisions shall
comply with the minimum standards shown below in subsection 17.6.I. Acceleration and deceleration
lane construction shall comply with the standards set forth in subsection 17.6.K. For roadways with
more than one hundred fifty (150) lots of contributing traffic a pavement design is to be done and
submitted to the city for review. The GDOT Asphalt Pavement Design program is an accepted method
for the pavement design submittal for roadways with more than one hundred fifty (150) lots of
contributing traffic.
I. Table of Residential Subdivision Street Construction Standards.
Residential Subdivision Street Roadway Standards
Roadway Standards Specifications
Surface topping (plant mix) for 2-inch 12.5 mm superpave mix with hydrated lime (Level 1), 220 pounds
roadways with 1 to 40 lots per square yard
contributing traffic
Surface topping (plant mix) for 1¼-inch 9.5 mm superpave mix with hydrated lime (Level 1), 137.5
roadways with 41 to 100 lots pounds per square yard
contributing traffic
Surface topping (plant mix) for 1½ inch 12.5 mm superpave mix with hydrated lime (Level 1), 165 pounds
roadways with 101 to 150 lots per square yard
contributing traffic
Tack coat 0.04—0.06 GAL/square yard

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Asphalt (binder course) for 2-inch 12.5 mm superpave mix or 19 mm superpave mix with hydrated
roadways with 41 to 150 lots lime (Level 1), 220 pounds per square yard
contributing traffic
Add in "prime application" section 0.20—0.25 GAL/square yard
to table
Curbs/shoulder and ditch 24-inch x 6-inch concrete "L" back curb
construction 18-inch gutter; 6 inches high, 6-inch curb width
Base construction 6-inch base (graded aggregate); 100 percent dry density compaction
Subgrade Top 12-inch subgrade compacted to 100 percent dry density
Street width 28 feet back of curb to back of curb
Asphalt pavement width 26 feet
Street grade 12 percent maximum on subdivision streets;
4 percent maximum grade at intersections—100 feet from curb line
Turnaround area 40 feet radius cul-de-sac pavement; 80 feet diameter
Intersections 25 feet pavement radius at intersection within subdivision; 25 feet
pavement radius required when intersecting existing county or State
roads.
75 [feet] exit curb radius when designing a dual lane exit.
Right-of-way 50 feet right-of-way minimum for local streets (additional right-of-way
and/or slope easements may be required for cut and fill areas); 110 feet
diameter right-of-way for cul-de-sac. A 5-foot utility easement is required
along all street rights-of-way.
Fill areas and back slopes 2:1 maximum slope allowed (2:1 or flatter)
Storm sewers and cross drains See Sections 16.12 and 16.13 for pipe specifications and minimum
requirements for pipe types listed. Pipe location and size approved by
development plan review and stormwater management.
Grassed areas Shall comply with the erosion and sedimentation control requirements
set forth in Section 16.5
Core testing Core samples shall be taken as directed (at applicant's expense) to
determine thickness of base and pavement. See subsections 16.6.D.4.
and 16.6.F.6.
Letter of credit or bond 3-year maintenance letter of credit or bond on all improvements within
public right-of-way (streets, sidewalks, storm sewer, catch basins, cross
drains) and stormwater detention facilities. On phased developments,
certain sections may require a renewed letter of credit or bond if used for
construction access to newer phases.

J. Design and Construction Requirements. The design and construction requirements for subdivision
developments for industrial, commercial, or office use and urban streets which are to be city arterial
roads shall:
1. Be required to have concrete curb and gutter along each side.
2. Comply with the minimum standards shown below.
K. Table of Industrial, Commercial, and Office Subdivision Street Construction Standards.
Industrial, Commercial, and Office Subdivision Street Construction Standards
Roadway Standards Specifications

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Surface topping plant mix 1½-inch 12.5 mm superpave mix with hydrated lime (Level 1) asphalt
topping, 165 pounds per square yard
Tack coat 0.04—0.06 GAL/yard
Binder (office and commercial) 3-inch 19 mm superpave mix with hydrated lime (Level 1)—330 pounds
per square yard
Binder (industrial) 4-inch 25 mm superpave mix with hydrated lime (Level 1), 440 pounds
per square yard or 2 2-inch lifts of 19 mm superpave mix with hydrated
lime (Level 1), 220 pounds per square yard, per lift
Curb and gutter required 24 x 6-inch concrete "L" back curb; 18-inch gutter; 6-inch high; 6-inch
curb width
Base construction (office and 8-inch base (graded aggregate), compacted to 100 percent maximum dry
commercial) density
Base construction (industrial) 10-inch base (graded aggregate), compacted to 100 percent maximum
dry density. To be on decel/accel also for industrial.
Street width (office and 28 feet back of curb to back of curb
commercial)
Street width (industrial) 30 feet back of curb to back of curb
Asphalt pavement width (office 28 feet
and commercial)
Asphalt pavement width 28 feet
(industrial)
Street grade 8 percent maximum on industrial/commercial streets; 2 percent
maximum grade at intersections; 100 feet from curb line
Turnaround area 55 feet radius cul-de-sac pavement; 110-foot diameter
Intersections 50-foot pavement radius at intersections; 50-foot straight section from
curved streets required; 75-foot exit curb radius when designing a dual
lane exit
Driveway entrances GDOT specifications
Right-of-way 60-foot right-of-way minimum; additional right-of-way or slope easement
may be required for cut and fill areas; 150-foot diameter right-of-way for
cul-de-sac. A 5-foot-wide utility easement is required along all street
rights-of-way.
Fill areas and back slopes 2:1 maximum slope allowed
Storm sewers and cross drains See Sections 16.12 and 16.13 for pipe specifications and minimum
requirements for pipe types listed. Pipe location and size approved by
development plan review and stormwater management.
Grassed areas Shall comply with the erosion and sedimentation control requirements
set forth in Section 16.5
Core testing Core samples shall be taken as directed (at applicant's expense) to
determine thickness of base and pavement. See subsections 16.D.4. and
16.F.6.
Maintenance letter of credit or 3-year maintenance letter of credit or bond on all improvements within
bond public rights-of-way (streets, sidewalks, storm sewer, catch basins, cross
drains) and stormwater detention facilities. On phased developments,
certain sections may require a renewed letter of credit or bond if used for
construction access to newer phases.

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16.7 Improvements to existing streets and rights-of-way for residential, commercial, and
industrial developments.
Existing Unpaved Road. Any unpaved road upon which a development has frontage and access shall be
widened and paved, according to the functional class of the road, as set forth in subsection 16.4.I. along the
frontage of the development to the nearest intersection with a paved city road. The minimum right-of-way
required according to subsection 16.4.I. shall be dedicated along the entire frontage of the development back to
the nearest intersection in which the roadway is to be improved. In addition to the design, construction, and right-
of-way acquisition, the developer shall also be responsible for relocation of utilities. Where a development has
frontage, but does not provide access to an unpaved road, the developer shall preserve right-of-way along the
development's frontage for future improvements to the roadway.

16.8 Visibility at intersections.
A. Corner Lots. On corner lots within all zoning districts, no fence, shrubbery, or other obstruction shall be
placed within the sight line triangles that blocks or disrupts the line of sight based on a driver eye height of
three and one-half (3½) feet located fourteen (14) feet from edge of travel lane (when there is a deceleration
lane, the driver eye shall be located fourteen (14) feet from the edge of deceleration lane) and an object
height of three and one-half (3½) feet located in the center of each respective lane. However, street signs,
streetlights, mailboxes, or similar shall be permitted within the sight line triangles.
B. Intersection Sight Distance for All Streets.
1. Curb cuts shall be placed so as to provide for the minimum intersection sight distance based on the
intersecting road's posted speed limit. The intersection sight distance is measured using a driver-eye
height of three and one-half (3½) feet and an object height of three and one-half (3½) feet with the
driver eye being located fourteen (14) feet beyond the edge of the travel lane (when there is a
deceleration lane, the driver eye shall be located fourteen (14) feet from edge of deceleration lane)
and an object height of three and one-half (3½) feet located in the center of each respective oncoming
lane.
2. Table of minimum intersection sight distances relative to design speed posted on streets are:
Intersection Sight Distance for Two-Lane Roadway
Speed (mph) 25 30 35 40 45 50 55
Stopping sight distance 280 335 390 445 500 555 610

Source: 1990 AASHTO Guide, A Policy on Geometric Design of Highways and Streets.

C. Stopping Sight Distance for All Streets.
1. Minimum street centerline stopping sight distance shall be designed relative to the design speed of the
street and shall be measured above the street centerline using a driver eye height of three and one-
half (3½) feet and an object height of six (6) inches.
2. Table of minimum centerline stopping sight distances relative to design speed posted on streets are:
Stopping Sight Distance
Speed (mph) 0—25 30 35 40 45 50 55
Centerline sight distance 150 200 225 275 325 400 450
(stopping distance in feet)

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Minimum crest curve "k" value 20 30 40 60 80 110 150
(1990 AASHTO)
Minimum sag curve "k" value 26 37 49 64 79 96 115
(2004 AASHTO)

Source: 1990 and 2004 AASHTO Guide, A Policy on Geometric Design of Highways and Streets.

As info concerning the above minimum crest "k" values, where there is an intersecting street on or near the
vertical curve, the minimum "k" value may not provide for the minimum intersection sight distance requirement. If
this is the case, the "k" value for the crest curve will need to be increased in order to obtain the minimum
intersection sight distance required.

16.9 Pedestrian access and facilities requirements.
A. Sidewalks shall be at least four (4) feet in width and four (4) inches in thickness and shall be constructed of
Portland cement concrete. Sidewalks shall be installed no closer than two (2) feet to the back of curb line and
shall not be constructed over any underground gas, electric, communications, or water and sewer utilities.
Sidewalks and curbs, at street intersections, shall be designed to permit handicapped access. Sidewalks shall
be required on both sides of streets within all commercial, industrial, or residential subdivisions and all
mixed-use developments.
B. Sidewalks shall be installed by the builder on lots upon which a dwelling is being constructed before the
issuance of a certificate of occupancy. All sidewalks along common areas, including pond lots, amenity areas,
open space, and lots containing existing homes or lots that are unbuildable, shall be installed by the
developer before the end of the three-year maintenance period. After the three-year maintenance period
has expired, any broken curbing and sidewalk will be repaired by the builder before a certificate of
occupancy is issued.
C. Twelve (12) months from the completion of at least ninety percent (90%) of the dwellings in any subdivision,
or phase of any subdivision, the City of Stockbridge reserves the right to install sidewalks along any areas not
yet containing sidewalks. The cost of construction and installation shall be repaid to the City of Stockbridge
via a lien placed on the adjacent property upon which the sidewalk fronts.
D. The provisions established in this section may be applied to any project currently under review or under
bond as of the date of adoption of this Code.

16.10 Street names and sign requirements.
A. Street Names.
1. All proposed street names within the city for new roads or roads within commercial, industrial, or
residential subdivisions shall be approved by the director during the preliminary plat review process or
prior to recording of the road and its right-of-way deed.
2. Any request to change the name of an existing road shall be submitted to the director for review and
approval, with the city council having final approval of the change.
B. Street Signs.
1. The director shall determine the need and location of street signs within a subdivision. The location of
the street signs shall be determined during the review of the preliminary plat.
2. The city's standard steel street posts or wooden four-inch by four-inch posts with horizontal
reflectorized street name plates with four-inch letters shall be furnished and installed by the city.

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3. The cost of street signs and their installation shall be paid by the applicant at a fee determined by the
city.
4. The required fee shall be paid by the applicant when submittal of a final plat is made to the city.

16.11 Streetlight and pedestrian light requirements.
A. In order to ensure adequate illumination of public rights-of-way and promote safety and security, The
American National Standard Practice for Roadway Lighting of the Illumination Engineering Society (RP-8-00),
as approved by the American National Standards Institute (1993), as from time to time amended, is hereby
adopted as the standard for the installation and operation of lighting in the city.
B. Approval of Lighting Plan.
1. A lighting plan, which may be prepared by the streetlight provider, shall be provided to the director or
designee for the erection, construction, or installation of streetlight and/or pedestrian light fixtures or
equipment upon which the illumination thereof falls upon public rights-of-way. This shall include
security lights of all kinds and nature. The lighting plan shall illustrate the illumination provided by
pedestrian lights. The overlap of pedestrian light illumination and streetlight illumination shall be
minimized to such an extent that streetlights may not be required at all in areas where pedestrian
lights provide the required illumination without streetlights.
2. Lighting plans shall be submitted with the final plat and any additions.
3. Plans shall demonstrate how the proposed lighting meets the standards of this section and include a
drawing showing the exact location of streetlights.
4. No lighting shall be installed or operated without approval of the division director or designee.
C. Streetlight and pedestrian light fixtures or equipment shall be erected, constructed, or installed by the
applicant in such a manner to ensure that the lateral light distribution which causes a glare does not inhibit
the users of the rights-of-way from safely traversing and using the rights-of-way.
D. Streetlight and Pedestrian Light District Requirements for New Development.
1. Streetlights shall be provided in new subdivisions where new streets are required to be dedicated to
the city or which allow lot access to existing city streets.
2. The developer of residential subdivisions shall install streetlights and pedestrian lights with
underground wiring. It shall be the responsibility of the applicant to coordinate the installation of the
streetlights and pedestrian lights with the appropriate utility and the city consistent with the standards
contained in this UDC.
3. Each property owner shall be assessed a rate based on the total cost of annual lighting charge within
the district divided by the number of properties within the district. Unit cost of lighting fixture charges
shall be based on fees provided by electric utility companies of both overhead and underground
installation.
4. The rates or charges for lighting service shall constitute assessments on the property so served. Those
assessments shall be added to tax bills at the end of each year and shall constitute a lien upon the
property. Said lien shall have the same priority as tax assessments and an execution may issue for the
purpose of enforcing the lien, including foreclosure and/or judicial sale.
E. Streetlight and Pedestrian Light District Requirements in Existing Residential Development.
1. Individuals owning real property in an existing residential area desiring to install streetlights and/or
pedestrian lights may apply with the city to establish a streetlight and pedestrian light district.

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2. The application shall be supported by a petition signed by property owners representing more than
fifty-one percent (51%) of the property owners in the district which is sought to be established.
3. Upon receipt of a complete streetlight application, the director will contact the utility provider to
request a layout, price, and contract, if necessary, for the streetlights. For pedestrian lights, the
proposed layout prepared by an engineer licensed in the State of Georgia and the fixture specifications,
the unit price, and the contract, if necessary, shall be provided as part of a complete streetlight and
pedestrian light district application.
F. Up to three (3) additional streetlights or pedestrian lights may be added to an existing street light district by
the director. If four (4) or more additional streetlights or pedestrian lights are required, the request must
follow the procedure in subsection 16.11.E.2. above.

16.12 Drainage standards for street—Placement, location, and design.
A. The size, length, and location of all surface drainage pipe or structures shall be shown on all preliminary
plats. All storm drain pipes or culverts carrying stormwater from the street and adjacent property or through
lots in the subdivision shall be extended to ten (10) feet from the rear property line. Stormwater shall be
released into a channel or swale without causing scouring, erosion, or resulting in sedimentation of the
receiving channel. The outlet channel shall include structural and vegetative measures to assure nonerosive
velocities of stormwater.
B. Installations, backfilling, and compaction around drainage pipes shall be in accordance with Georgia
Department of Transportation (GDOT) specifications. All pipes shall have a minimum cover of eighteen (18)
inches from the bottom of the road base, and head walls or inlet basins constructed at the ends of the pipes.
C. The design of drainage structures shall be based on recognized hydrological formulae.
D. Piped collection systems for public streets (catch basins, inlets, cross drains, longitudinal piping), shall be
designed for the fifty-year storm.
E. Road culverts, which carry live streams, shall be RCP and off-site drainage shall be designed for the one
hundred-year storm and the developer's engineer is to provide a no-rise certification letter.
F. Cross drainpipes within the public rights-of-way shall be designed and constructed at or near a ninety (90)
degree angle with the roadway centerline. Where a slight skew is necessary, the pipe shall be placed within
an eighty- to one hundred-degree angle with the roadway centerline.
G. Longitudinal pipes along a curved section of roadway shall be located on the inside of the curve to avoid pipe
beneath the roadway footprint. In the event that the longitudinal pipe needs to be along the outside of the
curve, the pipe shall be wholly located outside the limits of the curb and gutter by use of additional junction
boxes. For pipe at a cul-de-sac location, all pipe shall be wholly located outside of the footprint of the curb
and gutter that encircles the cul-de-sac.

16.13 Drainage standards for street—Materials and installation.
A. Standard Specifications.
1. All of the materials, methods of the construction, and workmanship for the work covered in reference
to stormwater conveyance facility construction shall conform to the most recent Standard
Specifications of the Georgia Department of Transportation (GDOT).
2. Allowable pipe material for all applications in drainage easements and public street rights-of-way,
except as specified below, are aluminum-coated (Type 2) corrugated steel pipe (ASP), corrugated

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aluminum alloy pipe, smooth-lined corrugated high density polyethylene pipe (HDPE), or reinforced
concrete pipe (RCP). Usage is summarized in the table below titled Allowable Pipe Use.
3. For roads constructed with public funds, either wholly or in part, or roads classified as major
thoroughfares, materials which meet the Georgia Department of Transportation (GDOT) design
standards shall be used unless an alternative is specifically approved by the city.
4. Only reinforced concrete pipe (RCP) shall be used for all dams nine (9) feet or more in height with an
impounding capacity of twenty (20) acre-feet or more unless the Georgia Safe Dams Program requires
another material.
5. Reinforced concrete pipe (RCP) shall be used under non-local roads when the ADT is greater than
fifteen thousand (15,000) vehicles per day (vpd). Reinforced concrete pipe (RCP) or smooth-lined
corrugated high density polyethylene (HDPE) pipe shall be used under nonlocal roads when the ADT is
less than fifteen thousand (15,000) vpd.
6. The director may approve an alternative pipe material with the recommendation of an engineer
registered in the State of Georgia.
B. Minimum Pipe and Pipe Coating Requirements. The type of pipe material used shall be in accordance with
subsection 16.13.A., Standard Specifications.
1. Reinforced concrete pipe shall be in no less than eight-foot joint lengths. All joints shall be bell and
spigot type, with a rubber gasket conforming to ASTM C-443. Pipe shall be manufactured in accordance
with AASHTO M-170 and/or ASTM C-76. Class of pipe and wall thickness shall be in accordance with
1030-D, Georgia DOT specification, Table No. 1.
2. Aluminum-coated (Type 2) steel pipe shall comply with AASHTO M-274 for the coating and AASHTO M-
36 for the pipe fabrication. Aluminum alloy pipe shall comply with AASHTO M-196 for material and
fabrication.
3. The director shall determine the minimum acceptable combinations of gages, diameters, and
corrugation configurations for corrugated aluminum alloy pipe and pipe arches, and for corrugated
aluminum-coated steel pipe and pipe arches.
4. Each end of each pipe section, to be joined by a coupling band, shall have a minimum of two (2)
annular corrugations. Coupling bands shall be so constructed to lap on an equal portion of each of the
pipe sections to be joined. The connecting bands shall have a minimum of two (2) annular corrugations
and fully engage, over the entire pipe periphery, one (1) corrugation on each pipe. Bands shall be
fabricated from the same material as the pipe. The minimum band gauges for aluminum pipe and
aluminized pipe shall be as specified in AASHTO M-196, Section 19, and AASHTO M-36, Section 9,
respectively.
5. Gaskets may be required as determined by the city in the field, shall be either sleeve type or O-ring
type and shall meet the requirements for gaskets as specified in AASHTO M-36, Section 9.3.
C. Structural Plate Drainage Structures. Structural plate drainage structures shall conform to the following
specifications:
1. Corrugated aluminum alloy structural plate pipe, pipe arches and arches shall consist of aluminum
plates and galvanized bolts and nuts of the size, shape and thickness as shown on the approved plans.
These structures shall conform to the requirements of AASHTO M-219.
D. Smooth Interior Corrugated Polyethylene Pipe.
1. This specification applies to high density polyethylene corrugated pipe with an integrally formed
smooth-lined interior (HDPE). HDPE pipe manufacturers shall be approved by the director.

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2. This pipe shall conform to the requirements of AASHTO M-294, Type S.
3. Joints shall be as recommended by the manufacturer and approved by the city. Connections shall
create a soil tight joint at a minimum and shall use a rubber gasket, which conforms to ASTM F-477.
4. Installation shall be in accordance with ASTM Recommended Practice D2321, AASHTO Section 30, or as
specified by the city.
5. Certification from the manufacturer that the product was manufactured, tested, and supplied in
accordance with this specification shall be furnished to the city upon request.
Allowable Pipe Use
Pipe Type Reinforced Metal Pipe Plastic Pipe
Concrete Aluminized Polymer Aluminum Corrugated Smoothed—
Pipe Type 2 Steel Precoat Steel Alloy Polyethylene Lined High
Density
Polyethylene
Type "S"
Specifications ASTM C76, ASTM A760, ASTM A742, ASTM B744, AASHTO ASTM F-
(See Note 1) AASHTO A929; A762; B745; M252 2306;
M170 AASHTO AASHTO AASHTO AASHTO
M36, M274 M36, M245, M196, M197, M294 (See
M246 GDT17 Note 2)
Minimum Per GDOT Per GDOT Per GDOT Per GDOT AASHTO AASHTO
thickness/class Std 1030D Std 1030D Std 1030D Std 1030D M252 M294

Type Installation
Longitudinal X X X X X
Cross Cross drain X
drains on <10
road percent
w/over slope
15,000 Cross Check w/HCDOT concerning pipe type to be used when x-drain > 10 percent and
ADT drain > 10 ADT > 15,000
percent
slope
Cross Cross drain X X
drains on <10
nonlocal percent
road slope
w/less Cross drain X
than > 10
15,000 percent
ADT slope
Cross Cross drain X X X X
drains on < 10
local road percent
(s/d road) slope

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w/less Cross drain X X X
than > 10
15,000 percent
ADT slope
Lateral systems X X X X X
Slope drain X X X X
Perforated underdrain X X X X X
Dams H > 9 feet and V > X
20 Ac-Ft
Perennial streams X X
Minimum allowable 2.5 fps 2.5 fps 2.5 fps 2.5 fps — 2.5 fps
design velocity Reinforced Aluminized Polymer Aluminum Corrugated Smooth
concrete type 2 precoat alloy polyethylene lined high
pipe Steel steel density
polyethylene
Type "S"
Maximum allowable 15 fps 5 fps 15 fps 15 fps — 15 fps
design velocity
Minimum soil — 6/1500 5/1500 — — —
pH/resistivity ohm/cm ohm/cm

Notes:
1) All pipe materials shall meet the minimum requirements of the Georgia Department of Transportation's Standard
Specifications Construction of Transportation Systems, most current edition.
2) Allow smoothed-lined HDPE, Type S (AASHTO M294) pipe for storm (longitudinal and cross) and side drain applications
through forty-eight (48) inch diameter so long as roadway's ADT is less than fifteen thousand (15,000) vehicles per day.
E. Pipe Installation.
1. Installation Standards. Reinforced concrete pipe (RCP), corrugated aluminum alloy pipe, corrugated
aluminum coated steel pipe, and smooth interior corrugated polyethylene pipe shall be installed in
accordance with Section 550 of the Georgia DOT Standard Specifications, Construction of Roads and
Bridges. Prior to approval of a final plat, the city may require the submittal of certification from a
mandrel testing agency indicating that all installed pipe (other than RCP) does not exceed five percent
(5%) deflection. Based on field inspections, video surveillance may be conducted by the city or required
by the city on storm drain installations before approval of the final plat or issuance of the certificate of
occupancy. If required, video surveillance should be done after completion of all activities that may
damage the pipe but prior to the placement of base and the paving or landscaping over or near the
pipe. If video surveillance indicates problems such as pipe deformation, cracking, or joint separation,
the pipe shall be removed and replaced before approval.
2. Bedding. All pipe structures shall be placed on stable earth or fine granular foundation with the
characteristics of which would be expected to provide long-term stability. In all live stream pipe
installations, in areas of low bearing solid or non-uniform foundations, in area where rock is
encountered at the foundation level, or in other locations where conditions warrant, a minimum of six
(6) inches of crushed stone bedding is required (maximum size of stone shall be three-quarters (¾)
inch). Geotextiles or geogrids may also be required by the city in problem areas.

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3. Backfilling. Backfill for CSP, CAP, and HDPE pipe installations shall be constructed using graded
aggregate base or crusher run six (6) inches below the bottom of pipe to twelve (12) inches above the
pipe crown. Backfill for RCP pipe installations shall be constructed using graded aggregate base or
crusher run six (6) inches below the pipe invert to one-quarter (¼) of the pipe diameter. Foundation
backfill material shall be used for RCP above one-quarter (¼) of the pipe diameter (if graded aggregate
base is not used above the one-quarter (¼) of the pipe diameter) as per Type I or Type II, as specified in
Georgia DOT Standard Specifications. These materials shall be placed in players of no more than six (6)
inches loose. Compaction of these materials shall be accomplished by hand tamping or machine
tamping. Required compaction levels are as follows:
a. Within Street Right-of-Way. Backfill within all street rights-of-way shall be compacted to ninety-
five percent (95%) maximum density, tested using the AASHTO Method T-99.
b. In Other Areas. Backfill in all other areas shall be compacted to ninety percent (90%) maximum
density, tested using the AASHTO Method T-99.
c. Construction Loads and Minimum Covers. If drainage pipe is installed prior to the completion of
grading, a minimum of four (4) feet of fill should be provided where needed to adequately

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protect the drainage structure during the land development phase, unless the structure itself is
designed to withstand the anticipated live load during construction.
F. End Finish.
1. Headwalls or other end treatments are required on all culverts and at the outlet of all piped collection
systems. Where ends of pipe are located within, or near, the right-of-way and are parallel, or nearly
parallel, with the roadway, safety end sections shall be required when the posted speed limit is thirty-
five (35) miles per hour and over.
2. Headwalls are to be precast concrete, stone masonry with reinforced concrete footings, or poured in
place, reinforced concrete with reinforced concrete footings. Precast concrete headwalls for
corrugated aluminum coated steel pipe or aluminum alloy pipe shall be made with aluminum coated
steel or aluminum alloy pipe stubs.
3. End treatments that conform to the slope may be pre-cast concrete end sections; aluminum coated
steel or aluminum alloy end sections, masonry, PE end sections, reinforced poured-in-place slope
collars, or grouted rip-rap. Concrete and metal flared end sections shall conform to applicable Georgia
DOT Standard Drawing 1120, 1122, or Detail D-39.
G. Junction Boxes and Catch Basins. Junction boxes and catch basins shall have metal manhole frames and lids
for access.
H. Other Structures. Natural bottom arches and box culverts may be used in accordance with the latest
standard specifications of the Georgia Department of Transportation. Bottomless culverts shall require that a
scour analysis be done by a registered professional engineer in that field to Georgia Department of
Transportation Specifications and Standards to ensure the soundness of the proposed structure.

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City of Stockbridge
MEETING DATE
AGENDA ITEM
March 4, 2024 FUNDING SOURCE
RESOLUTION GENERAL FUND
ORDINANCE FUND BALANCE
CONTRACT APPROVAL/RENEWAL SPLOST or TSPLOST
PUBLIC HEARING ARPA
PRESENTATION GRANT
BID SELECTION/AWARD HOTEL/MOTEL TOURISM
TASK ORDER COUNCIL INITIATIVE
CHANGE ORDER PARTNER/SPONSOR
BUDGET AMENDMENT DEPARTMENT FUND BALANCE
BUDGET TRANSFER BONDING
PAYMENT APPROVAL ACCOUNT TRANSFER FROM:
OTHER ACCOUNT TRANSFER TO:

PRESENTER: Ryan Anderson
DEPARTMENT: Community Development
ITEM/PROJECT/EVENT:
Request for a new month-to-month contract for civil engineering services with Whitley Engineering, Inc.;
authorization for the Mayor to execute same; and authorization for the City Manager to execute all adminis-
trative and budgetary actions related to the contract. The vendor would provide uninterrupted Civil Engineer-
ing plan reviews and inspections services, etc., until such time as RFP No. 2024-0001, Engineering
Services, has been bidded, awarded, and contracted.
BACKGROUND INFORMATION:
The Emergency Contract was approved by the Council in April 2023. An additional 180-day
extension was also approved in August 2023. The 180-day extension expires with no renewal on
April 1, 2024.

APPROVALS: CITY MANAGER___________________________ FINANCIAL IMPACT N/A
CITY TREASURER____________________________________ AMOUNT $
CITY ATTORNEY____________________________________
GRANTS ADMIN.___________________________________ ATTACHMENTS:
ITEM/PROJECT/EVENT:
New Contract for Civil Engineering Services with Whitley Engineering, Inc.

BACKGROUND INFORMATION:

STAFF RECOMMENDATION:

Approval.

Staff Signature______________________________

EMERGENCY CIVIL ENGINEERING SERVICES AGREEMENT
BY AND BETWEEN
WHITLEY ENGINEERING, INC.
AND
THE CITY OF STOCKBRIDGE, GEORGIA

This Agreement (“Agreement”) is made and entered into this _______________ day of
April, 2023, by and between Whitley Engineering, Inc. (hereinafter, “CONTRACTOR”), and the
City of Stockbridge, Georgia (hereinafter, “City”) (CONTRACTOR and City sometimes referred
to herein as “Parties”).

W I T N E S S E T H:

WHEREAS, City desires to engage the services of CONTRACTOR to perform for City
services regarding emergency civil engineering services for the City (the “Project”); and

NOW, THEREFORE, in consideration of the promises and mutual agreements herein and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto hereby agree as follows:

1. Term and Termination. This Agreement shall commence upon execution of the
Agreement by the Parties and shall be on a month-to-month basis. The Agreement shall expire
automatically one hundred and eighty (180) days after commencement of the Agreement, provided
that the parties have not terminated the Agreement prior to the 180-day period from
commencement or otherwise extended the Agreement. This Agreement shall not be extended or
renewed for any reason beyond one year from the execution of the Agreement. The City may
terminate this Agreement at any time for any reason, with or without cause, by providing the
Contractor thirty (30) days advance written notice.

2. Services.

(a) Subject to the terms and conditions set forth in this Agreement, City hereby retains
CONTRACTOR to provide the services set forth on Exhibit A, which is attached hereto and
incorporated herein by reference.

(b) The standard of care applicable to CONTRACTOR’s services will be the degree of
skill and diligence normally employed by professional contractors performing the same or similar
services at the time said services are performed. CONTRACTOR will re-perform any services not
meeting this standard without additional compensation. CONTRACTOR warrants that any
services it conducts will be adequate and sufficient to accomplish the purposes for which they are
performed, and no review or approval thereof by the City shall be deemed to diminish this warranty
in any way.

(c) CONTRACTOR shall indemnify and hold harmless the City and its agents and
employees (i) from and against all claims, damages, losses and expenses, including but not limited
to attorney’s fees, arising out of or resulting from the performance of the Project, provided that

any such claim, damage, loss, expense or attorney’s fees is attributable to bodily injury, sickness,
disease or death, or to injury to or destruction of tangible property including the loss of use
resulting therefrom, and is caused in whole or in part by any negligent act or omission of the
CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, regardless of whether or not the negligent act is
caused in part by a party indemnified hereunder and (ii) from the inadequacy of the Services
performed by CONTRACTOR or anyone for whom CONTRACTOR is responsible. Such an
obligation shall not be construed to negate, abridge, or otherwise reduce any other right or
obligation of indemnity which would otherwise exist as to any party or person described in this
Clause. In any and all claims against the City or any of its agents or employees, by any employee
of the CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them
or anyone for whose acts any of them may be liable, the indemnification obligation set forth in this
paragraph shall not be limited in any way by any limitation on the amount or type of damages,
compensation or benefits payable by or for the CONTRACTOR or any Subcontractor under
workers’ or workman’s compensation acts, disability benefit acts or other employee benefit acts.

3. Compensation. THE CONTRACTOR shall receive compensation from the City
as set forth in the attached Exhibit A, which shall be a total monthly cost of $5,000.00 (five
thousand dollars and no cents).

4. Miscellaneous.

(a) This Agreement shall be governed by and construed in accordance with the laws of
the State of Georgia.

(b) CONTRACTOR may not assign this Agreement, in whole or in part, without the
prior written consent of City. City may assign this Agreement, in whole or in part, without the
prior consent of CONTRACTOR; however, City shall provide CONTRACTOR with prior written
notice of any such assignment.

(c) This Agreement shall be binding on and inure to the benefit of the parties hereto
and their respective successors and permitted assigns.

(d) The headings contained herein are for the convenience of the parties only and shall
not be interpreted to limit or affect in any way the meaning of the language contained in this
Agreement.

(e) This Agreement may be executed in one or more counterparts, each of which shall
be deemed to be an original, but all of which together shall constitute the same Agreement. Any
signature page of any such counterpart, or any electronic facsimile thereof, may be attached or
appended to any other counterpart to complete a fully executed counterpart of this Agreement, and
any telecopy or other facsimile transmission of any signature shall be deemed an original and shall
bind such party.

(f) If any provision of this Agreement shall be held void, voidable, invalid or
inoperative, no other provision of this Agreement shall be affected as a result thereof, and

accordingly, the remaining provisions of this Agreement shall remain in full force and effect as
though such void, voidable, invalid or inoperative provision had not been contained herein. If any
of the provisions of this Agreement shall be declared unenforceable as to certain parties, then the
performance of said provision shall be excused by the parties hereto and the remaining provisions
of this Agreement shall remain in full force and effect.

(g) This Agreement, including all exhibits hereto (which are incorporated herein by
this reference), contains the entire agreement and understanding concerning the subject matter
hereof between the parties hereto. No waiver, termination or discharge of this Agreement, or any
of the terms or provisions hereof, shall be binding upon either party hereto unless confirmed in
writing. This Agreement may not be modified or amended, except by a writing executed by both
parties hereto. No waiver by either party hereto of any term or provision of this Agreement or of
any default hereunder shall affect such party’s rights thereafter to enforce such term or provision
or to exercise any right or remedy in the event of any other default, whether or not similar.

(h) CONTRACTOR shall at all times maintain sufficient liability insurance and
payment and performance bonds to cover their services under this Agreement.

[SIGNATURES APPEAR ON FOLLOWING PAGE]

IN WITNESS WHEREOF, the Parties intending to be legally bound hereby, have
executed this Agreement as of the date first above written.

WHITLEY ENGINEERING, INC.

By:____________________________

CITY OF STOCKBRIDGE, GEORGIA

By:____________________________

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney
Exhibit A
