07-15-24 Planning Commission Packet

City of Stone Mountain Planning Commission Meeting
July 15, 2024

6:30 p.m.
● Call to Order
● Determination of Quorum
● Approval of Agenda
• Approval of Meeting Minutes
1. Approval of Meeting Minutes from the May 20, 2024 meeting.
● Commission Announcements
• Old Business
• New Business
1. Proposed Text Amendments to Article 3 and 5 of Appendix A – Zoning to create

definitions and commercial uses for convenience stores, alcohol outlets, package
stores, and smoke shops.
• Applicant Statements
• Commission Questions and Remarks
• Public Comments (3 minutes each)
• Motion and Vote
2. Proposed Text Amendments to Article 3, 5, 16, and 17 of Appendix A – Zoning and

Article 2 of Chapter 12 – Licenses and Business Regulations to further define and
regulate short-term lodging in the City of Stone Mountain.
• Motion and Vote
3. City initiated rezoning from GS to VCM at 5305 and 5327 West Mountain Street
(Parcel ID: 18 089 03 001 & 002).
• Motion and Vote
4. City initiated rezoning from GC to R-2 at 979, 947, 963, 927, 951, and 973 Sheppard
Road (Parcel IDs: 18 074 02 001, 002, 009, 023, 015, & 052).
• Motion and Vote
5. City initiated rezoning from R-1 to MR-1 for 135 lots containing the Garden Walk
townhomes (Parcel IDs: 18 072 10 001 – 083 and 18 072 11 001 – 052).
• Motion and Vote
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July 15, 2024
6:30 p.m.
6. City initiated rezoning from R-1 to MR-1 at 854 Sheppard Road (Parcel ID: 18 073 01
124).
• Motion and Vote
7. City initiated rezoning from R-2 to MR-1 for sixteen (16) lots containing the Oakridge
Townhomes (Parcel IDs: 18 073 10 001 – 016).
• Motion and Vote
8. City initiated rezoning from R-2 to MR-1 at 968, 980, 1000, 1010, and 1012 Sexton
Drive (Parcel IDs: 18 090 07 026, 019, & 033-043).
• Motion and Vote
9. City initiated rezoning from GC to R-2 for 710, 692, 708, 682, 698, and 668
Chinquapin Way (Parcel IDs: 18 074 02 008, 014, 018, 029, 031, & 007).
• Motion and Vote
10. City initiated rezoning from VCM to R-2 at 5302 Poplar Springs Road, 1047 Ridge
Avenue, 1041 Ridge Avenue, 1037 Ridge Avenue, and 1031 Ridge Avenue (Parcel
IDs: 18 089 02 001 and 18 089 02 001, 002, 003, & 004).
• Motion and Vote
11. City initiated rezoning from GC to R-2 at 1095 Forrest Avenue, 1103 Forrest Avenue,
and 1106 Ridge Avenue (Parcel IDs: 18 090 01 002, 18 090 01 001, and 18 090 01
006).
• Motion and Vote
12. City initiated rezoning from R-4 to OPI at 811 3rd Street (Parcel ID: 18 074 14 002).
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July 15, 2024
6:30 p.m.
• Motion and Vote
13. City initiated rezoning from R-4 to OPI at 853 4th Street (Parcel ID: 18 074 07 004).
• Motion and Vote
14. City initiated rezoning from R-2 to OPI at 917 and 925 Ridge Avenue (18 089 05 005
& 18 089 05 004).
• Motion and Vote
15. City initiated rezoning from VCM to OPI at 5313 Poplar Springs Road (Parcel ID: 18
089 02 020).
• Motion and Vote
● Public Comments (on any topic – 3 minutes each)
● Adjournment
*I. The PC reserves the right to extend or limit the length of public comments based on: 1) the issue under discussion; 2) the
number of items on the agenda; and 3) the extent to which the speaker remains constructive in their comments and questions. II.
The public may not directly confront the applicant but must direct all comments and questions to the PC. III. Public harassment of,
or confrontation with the applicant will not be tolerated. Members of the public violating tenets two or three will be asked to sit
down or leave the premises.
3
City of Stone Mountain
875 Main Street
Stone Mountain, GA 30083
STAFF ANALYSIS AND REPORT
To: City of Stone Mountain Planning Commission
From: Richard Edwards, AICP
Subject: Proposed Text Amendments to Article 3 and 5 of Appendix A – Zoning to create

definitions and commercial uses for convenience stores, alcohol outlets, package
stores, and smoke shops.
Date: July 15, 2024
Purpose:
The purpose of this staff report and analysis is to present the proposed text amendments to
Article III and V of Appendix A – Zoning to create definitions and commercial uses for
convenience stores, alcohol outlets, package stores, and smoke shops. The Planning Commission
is requested to provide a recommendation at their public meeting on July 15, 2024, which will be
forwarded to the City Council for further consideration at their public hearing tentatively
scheduled for August 20, 2024.
Background:
The city has seen an increase in the number of new businesses and business request for
commercial businesses that include convenience stores, alcohol outlets, package stores, and
smoke shops. The current code does not provide for a definition nor specific zoning regulations
for these use types, as they are all regulated general retail uses. These text amendments define
all of those uses and provides specific use allowances for each.
The following definitions are being proposed:
Alcohol outlet: A retail establishment that sells beer, malt beverages, hard cider and/or
wine for off-site consumption. This includes grocery stores and retail stores less than ten
thousand (10,000) square feet that may sell beer, malt beverages, hard cider and/or wine for
off-site consumption, as well as other products.
Convenience store: Any retail establishment offering for sale items such as household
items, newspapers and magazines, prepackaged food products, beverages, sandwiches and
other freshly prepared foods, and beverages, for off-site consumption. When a convenience
store sells unopened alcoholic beverages, it is also considered to be an alcohol outlet. A
convenience store may also include accessory fuel pumps. Excluded from this definition is any
establishment providing automotive maintenance services or repairs.
Package store: A retail establishment that sells distilled spirits for off-site consumption.
Retail: The sale of goods, wares, or merchandise directly to the end-consumer. Other uses
defined and regulated by this code shall not fall under “retail.”
Smoke shop: Any business establishment dedicated to the display, sale, distribution,
delivery, offering, furnishing, marketing or use of tobacco, tobacco products, or alternative
nicotine products/instruments, or any combination thereof, including but not limited to
cigarettes, cigars, e-cigarettes, hookahs, and vapes. This definition shall not include any grocery
stores, gas stations or similar retail use that only sells conventional cigars, or alternatively sells
cigarettes only as an accessory sale (ten percent or less of total sales).
SUP = Special Use permit P = Permitted

Zoning Alcohol Convenience Package Store Smoke Shop
Outlet Store
Village Center SUP SUP SUP SUP
Mixed-Use (VCM)
General Commercial P P* SUP P*
(GC)
Industrial (I) P P* P P*
*Supplemental Use regulations apply
Staff is recommending the following supplemental use regulations for convenience stores:
a. Storefronts along a public street shall allow views into the building interior for a depth of
at least five feet.
b. No convenience store shall be located within 3,960 feet (i.e., three-fourth of a mile) of
any other convenience store. The measurement of distance for the purposes of this
subsection shall be from the front door of the structure to the closest point on a boundary
of any parcels containing another convenience store.
c. No less than ten (10) percent of the sales floor area shall be dedicated to fresh or pre-
packaged meats, fruits, vegetables, and dairy products. Prior to the commencement of
business for any convenience store, a floor plan showing the designated sales floor area
shall be submitted to the city for approval.
d. All convenience stores that include commercial fuel pumps are required to have a
functioning, 24/7 video surveillance system (VSS).
Staff is recommending the following supplemental use regulations for smoke shops:
a. No smoke shop shall be allowed within 200 yards of any church, temple, or place
of worship, daycare, school, college, university, or government owned facilities or
properties.
b. No smoke shop shall be allowed within 500 yards of another smoke shop.
c. The measurement of distance for the purposes of this subsection shall be

measured by a straight line without regard to intervening structures or objects,
from the front door of the smoke shop to the closest point on a boundary of any
parcels containing a Church, Temple or Place of Worship, School, College,
University, Government Facility, or another Smoke Shop.
d. No use or establishment can exceed 2,000 square feet and drive-through/drive-up

service is not permitted.
e. Hours of operations can begin no earlier than 6 AM and end no later than 10 PM,
including all deliveries.
Attachments:
1. Redlines of Article III and V of Appendix A – Zoning

PART II - CODE OF ORDINANCES
APPENDIX A - ZONING
ARTICLE III: DEFINITION OF TERMS USED IN THE ORDINANCE

Except as specifically defined herein, all words used in this ordinance have their customary dictionary
definitions. For the purpose of this ordinance, certain words or terms used herein are defined as follows:
Words used in the present tense include the future tense. Words used in the singular include the plural, and
words used in the plural include the singular.
The word "shall" is always mandatory.
The word "person" includes a firm, association, organization, partnership, trust company or corporation as
well as an individual.
The word "lot" includes the words "plot" or "parcel".
The word "building" includes the word "structure".
The word "used" or "occupied" as applied to any land or building, shall be construed to include the words
"intended, arranged or designated to be used or occupied".
The word "map" or "zoning map" means the "Zoning Map of the City of Stone Mountain, Georgia."
Accessory use: A use customarily incidental and subordinate to the principal use of building and located on the
same lot with such principal use of building.
Aggrieved person: An applicant or owner of property within 300 feet of the property in question or city-
sanctioned groups including the historic preservation committee, planning commission, downtown development
authority or citizen groups such as the Women's Club, Veterans of Foreign Wars or Rotary Club.
Alcohol outlet: A retail establishment that sells beer, malt beverages, hard cider and/or wine for off-site Formatted: Font: Italic
consumption. This includes grocery stores and retail stores less than ten thousand (10,000) square feet that may sell
Formatted: Font: (Default) Calibri, 10 pt, Font color:
beer, malt beverages, hard cider and/or wine for off-site consumption, as well as other products.
Auto, Not Expanded by / Condensed by , Pattern: Clear
Alteration; building and structural: Any change in the supporting members of a building (such as any type of
supporting structural member) except such change as may be required for its safety; any addition to a building; any
change in use from that of one district classification to another or of a building from one location to another.
Alley: A private or public thoroughfare which affords only a secondary means of access to abutting property
and is not intended for general traffic circulation.
Buffer strip: A strip of land planted with evergreen shrubbery so as to form a solid barrier to vision from the
ground to a height of six feet.
Building: Any structure permanently attached to the ground and intended for shelter, housing or enclosure of
persons, animals or chattels.
Building, accessory: A subordinate building, the use of which is incidental to that of a principal building on the
same lot.
Building, height of: The vertical distance from the mean finished ground level at the front of the building to
the highest point of a roof.
Building line: A line establishing the minimum allowable distance between the nearest portion of any building
(excluding the outermost three feet of any uncovered porches, steps, gutters and similar fixtures) and the centerline
of the street.
Stone Mountain, Georgia, Code of Ordinances Created: 2022-07-13 09:10:29 [EST]
(Supp. No. 45)
Page 1 of 11
APPENDIX A - ZONING
Building, principal: A building in which is conducted the main or principal use of the lot on which said building
is situated.
Commercial vehicle: Any vehicle designed, used or maintained for the transportation of persons, goods, or
things used in trade, services, or commerce in general. For the purposes of this ordinance, buses, vans and other
vehicles seating more than nine persons used for transportation of people shall be considered a commercial vehicle.
Convenience store: Any retail establishment offering for sale items such as household items, newspapers and Formatted: Font: Italic
magazines, prepackaged food products, beverages, sandwiches and other freshly prepared foods, and beverages,
for off-site consumption. When a convenience store sells unopened alcoholic beverages, it is also considered to be
an alcohol outlet. A convenience store may also include accessory fuel pumps. Excluded from this definition is any
establishment providing automotive maintenance services or repairs.
Cultural exhibit: An exhibition of cultural or historical property where collected objects are put on display to
the public.
Dwelling unit: A dwelling or portion thereof providing facilities for one or more persons living as a nonprofit
single housekeeping unit.
Dwelling, multi-family: A dwelling unit contained within a building or set of buildings on a common lot
containing separate living units for four or more families, having separate or joint entrances, and including
apartments and condominiums. These are specifically distinguished from units defined as single-family attached
dwellings.
Dwelling, single-family, attached (townhouse): A residential structure designed to house a single-family
dwelling from the lowest level to the roof, with a private outside entrance, but not necessarily occupying an
individual lot, and sharing a common wall with adjoining dwelling units.
Dwelling, single-family, detached: A residential structure designed to house a single-family dwelling unit
located on an individual lot, which is not attached to any other dwelling unit by any means.
Family day care home is operated in a private residential home to provide child care for children less than 18
years of age for less than 24 hours per day. Family day care home providers care for three, but no more than six
children for a fee.
Group Day Care Home is operated by a person, corporation, or institution, to provide child care for children
less than 18 years of age for less than 24 hours per day. Group Day Care Homes are licensed for 7-18 children.
Lot: A portion of land devoted to a common use or occupied by a building or group of buildings devoted to a
common use by a legal subdivision process based on an approved plat of record, together with the customary
accessories and open spaces belonging to the same.
Lot width: The shortest distance between the side lot lines, measured at the midpoint of the building line.
Manufactured home means a building, transportable in one or more sections, built on a permanent chassis
and designed to be used with or without a permanent foundation when connected 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 180 consecutive
days or longer and intended to be improved property.
Nonconforming use: Any building or land lawfully occupied by a use at the time of passage of the ordinance or
amendment thereto which does not conform after the passage of this ordinance or amendment thereto with the
use regulations of the district in which it is situated. Existing improvements which do not meet required parking and
(Supp. No. 45)
Page 2 of 11
APPENDIX A - ZONING
loading regulations, height regulations, area regulations, and residential floor area regulations for the district in
which they are located are not nonconforming uses as defined above.
Package store: A retail establishment that sells distilled spirits for off-site consumption. Formatted: Font: Italic
Retail: The sale of goods, wares, or merchandise directly to the end-consumer. Other uses defined and Formatted: Font: Italic
regulated by this code shall not fall under “retail.”
Sign: Shall mean a device, structure or representation for visual communication which is used for the purpose
of bringing the subject thereof to the attention of others. For purposes of this ordinance, the term "sign" shall include
the structure upon which a sign face is located. Any device, structure or representation for visual communications
which is used for the purpose of bringing the subject thereof to the attention of others that is wholly located within
a completely enclosed building and is located a minimum of three feet away from any opening or exterior window
or and seasonal holiday decorations shall not be included within the definition of "sign" and regulated as such.
Sign, area of: Shall mean the total area upon which a message is displayed on any sign consisting of the smallest
square, rectangle, triangle, circle, or combination thereof, which encompasses the entire sign, inclusive of any border
and trim, but excluding the base, apron, supports, and other structural members.
Sign, free-standing: Any sign which is not supported by a wall or roof of a building, or which extends more than
three feet horizontally from the wall of a building.
Smoke shop: Any business establishment dedicated to the display, sale, distribution, delivery, offering, Formatted: Font: (Default) Calibri, 10 pt, Font color:
furnishing, marketing or use of tobacco, tobacco products, or alternative nicotine products/instruments, or any Auto, Not Expanded by / Condensed by , Pattern: Clear
combination thereof, including but not limited to cigarettes, cigars, e-cigarettes, hookahs, and vapes. This definition
Formatted: Font: (Default) Calibri, 10 pt, Font color:
shall not include any grocery stores, gas stations or similar retail use that only sells conventional cigars, or
Auto, Not Expanded by / Condensed by , Pattern: Clear
alternatively sells cigarettes only as an accessory sale (ten percent or less of total sales).
Street: A public or private thoroughfare, not less than 40 feet wide, which is open to the general public and
which affords the principal means of access to abutting property.
Yard: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by
any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for
the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the
minimum horizontal distance between the lot line and the main building shall be used.
Yard (front): A yard extending across the front of a lot between the side yard lines, and being the minimum
horizontal distance between the street line and the main building or any projections thereof other than the
projections of uncovered steps, uncovered balconies or uncovered porches. On multi-frontage lots all yards fronting
on a public street hall be considered front yards.
Yard (side): A yard between the main building and the side line of the lot; extending from the front lot line to
the rear yard; being the minimum horizontal distance between a side lot line and the side of the main building or
any projections thereto.
Yard (rear): A yard extending across the rear of a lot between the side lot lines and being the minimum
horizontal distance between the rear lot line and the rear of the main building or any projections thereof, other than
the projections of uncovered steps, unenclosed balconies or unenclosed porches, provided that said projections be
at least 20 feet from the rear lot lines. On all corner lots the rear yard shall be at the opposite end of the lot from
the front yard.
(Ord. No. 2020-06, Pt. I, 7-7-20)
(Supp. No. 45)
Page 3 of 11
ARTICLE V: DISTRICT REGULATIONS
Section 5-5. Village center mixed-use (VCM) district.

5-5.1 Intent and where permitted. This district (hereafter referred to as (VCM) is created to establish a plan
implementation zone that:
• Accommodates moderate- to high-density residential development and ground-floor commercial uses
with residential units above. This district also accommodates low-intensity office development
compatible with the residential character of the VCM district.
• Allows for a diverse variety of uses, structures, densities and open spaces when not in conflict with
existed and permitted land uses on abutting properties;
• Promotes a more efficient use of land and a smaller network of utilities and natural resources than
conventional land development;
• Encourages the preservation of functional open space in and around the village center;
• Provides the opportunity for the application of innovative site planning concepts through the creation
of aesthetically pleasing environments for living, shopping and working on properties of adequate shape,
size and location that conventional land development may not allow for;
• Encourages high pedestrian use and accessibility and transportation alternatives.
Uses are limited to multi-family dwellings, two-family dwellings, mixed-use residential and commercial
developments to commercial and professional complimentary uses intended primarily to provide service to the
entire city.
5-5.3 Permitted by special use.
A. The following uses may be permitted provided the applicant for such a development is granted a special
use permit by the mayor and council after receiving recommendations from the planning commission
and after a public hearing:
1. Cultural exhibits and libraries.
2. Bed and breakfast.
3. Laundry services (drycleaners).
4. Consumer repair services provided:
a. Services are non-automotive;
b. No outside storage.
5. Animal sales and services (household pets no outside kennels or runs).
6. Eating and drinking establishments (with walk-through service).
7. Recreational equipment rental provided there is no outside storage.
8. Day nurseries and kindergartens.
a. The following provisions apply to day nurseries and kindergartens:
i. There shall be not less than thirty-five (35) square feet of indoor play area for
each child at maximum licensed enrollment and not less than one hundred (100)
square feet per child of outdoor play area at maximum licensed enrollment.
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(Supp. No. 45)
Page 4 of 11
ii. The outdoor play area shall be enclosed by a fence not less than four (4) feet in
height but not over eight (8) feet in height
iii. A circular drive shall be provided for off-street loading and unloading.
10. Business or vocational school.
11. Private or parochial elementary, middle or high school, or college.
a. Day nurseries and kindergartens may be established as an accessory use to private or
parochial schools subject to the requirements listed in 5-5.3A-9.
12. Religious Institutions.
13. Microbrewery, provided that:
a. Shall adhere to a maximum floor area of four thousand (4,000) square feet.
b. No outdoor speaker systems shall be permitted.
c. Productions shall be in wholly enclosed buildings.
d. Outdoor equipment shall be permitted, with adequate screening from public view.
e. No outdoor storage is permitted.
14. Microdistillery (craft distillery), provided that:
a. Shall adhere to a maximum floor area of four thousand (4,000) square feet.
15. Alcohol outlets.
16. Package Store. Formatted: List 3
17. Convenience store without accessory fuel pumps, provided that:
a. Storefronts along a public street shall allow views into the building interior for a depth of at Formatted: List 4
least five feet.
b. No convenience store shall be located within 3,960 feet (i.e., three-fourth of a mile) of
any other convenience store. The measurement of distance for the purposes of this
subsection shall be from the front door of the structure to the front door of the structure
along the shortest possible course, regardless of any common route, path, or travel.
c. At least ten (10) percent of the sales floor area shall be dedicated to fresh or pre-packaged
meats, fruits, vegetables, and diary products. Prior to the commencement of business for
any convenience store, a floor plan showing the designated sales floor area shall be
submitted to the city for approval.
18. Smoke shops, provided that:
a. No smoke shop shall be allowed within 200 yards of any church, temple, or place of worship,
daycare, school, college, university, or government owned facilities or properties.
Created: 2022-07-13 09:10:29 [EST]
(Supp. No. 45)
Page 5 of 11
c. The measurement of distance for the purposes of this subsection shall be measured by a
straight line without regard to intervening structures or objects, from the front door of
the smoke shop to the closest point on a boundary of any parcels containing a Church,
Temple or Place of Worship, School, College, University, Government Facility, or
another Smoke Shop.
d. No use or establishment can exceed 2,000 square feet and drive-through/drive-up service is Formatted: Indent: Left: 1", Hanging: 0.33"
not permitted.
e. Hours of operations can begin no earlier than 6 AM and end no later than 10 PM, including
all deliveries.
Section 5-7. General commercial (GC) district.

5-7.1 Intent and where permitted. This district (hereafter referred to as (GC) is created to establish a plan
• Encourages the organized concentration of a wide variety of retail goods and services for the community;
• Promotes high-quality design and aesthetic features including lighting, landscaping and pedestrian-
oriented amenities;
• Encourage inter-parcel accessibility and promotes the use of transportation alternatives;
• Creates and enhances commercial areas where complete retail sales and services are available and
desirable for public service and convenience; and
• Require a location accessible to large numbers of people and that serve substantial portions of the
community.
This district is intended primarily for developments that contain commercial, financial, governmental or professional
complementary uses intended primarily to provide service to the entire community. Typically this district would be
applied where central area commercial facilities are desired or along major roadways.
5-7.2 Permitted uses by right.
A. The following uses shall be permitted subject to requirements and limitations of this ordinance:
1. Administrative and business offices.
2. Animal sales and services (household pets, no outside runs or kennels).
3. Animal sales and services (veterinary — small animals, no outside runs or kennels).
4. Business equipment sales.
5. Commercial recreation.
6. Communication services.
7. Community parks and recreation (publicly owned).
8. Conservation and passive recreation areas.
9. Fire and police protection services.
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(Supp. No. 45)
Page 6 of 11
10. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines,
transformers, pipes, meters and related facilities for distribution of local service and owned and
operated by a public utility.
11. Temporary construction uses.
12. Building or lands used for governmental purposes by a branch of a local, state or federal
government such as schools, parks, post offices or fire stations provided.
13. Public utilities including distribution lines, transformer stations, transmission towers, telephone
exchanges and other similar uses or structures except warehouse, repair, storage, vehicle
maintenance, truck or road equipment storage and radio and television studios.
14. Public utility facilities, if essential to service this zoning district, are permitted provided:
a. All structures, except for driveways, are placed 50 feet from any property line.
b. All structures, except for driveways, are enclosed by a wall or opiate fence at least but not
greater than eight feet in height.
c. A ten-foot buffer is provided along the side and rear property lines, planted with evergreen
trees and shrubs that grow at least eight feet in height and provide an effective visual screen.
d. The lot is suitably landscaped.
e. No vehicles or equipment are stored on the premises.
15. Stormwater management facilities shown on an approved final site plan or subdivision plat.
16. Consumer services (non-automotive).
17. Recreation sales and services.
18. Automatic teller machines that are not an accessory use to a financial center.
19. Professional medical clinic services.
20. Financial services.
21. Eating and drinking establishments.
22. Food and beverage retail sales.
23. Professional offices.
24. Retail sales (general excluding automotive).
25. Funeral and interment services.
26. Business or vocational school.
27. Private or parochial elementary, middle or high school, or college.
a. Day nurseries and kindergartens may be established as an accessory use to private or
parochial schools subject to the requirements listed in 5-7.3A-9.
28. Religious institutions.
29. Alcohol outlet.
30. Convenience store, provided that:
a. Storefronts along a public street shall allow views into the building interior for a depth of at
least five feet.
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(Supp. No. 45)
Page 7 of 11
b. No convenience store shall be located within 3,960 feet (i.e., three-fourth of a mile) of any
other convenience store. The measurement of distance for the purposes of this subsection
shall be from the front door of the structure to the closest point on a boundary of any parcels
containing another convenience store.
c. No less than ten (10) percent of the sales floor area shall be dedicated to fresh or pre-
packaged meats, fruits, vegetables, and dairy products. Prior to the commencement of
business for any convenience store, a floor plan showing the designated sales floor area shall
be submitted to the city for approval.
d. All convenience stores that include commercial fuel pumps are required to have a
31. Smoke shops, provided that: Formatted: Tab stops: 0.5", Left + 1", Left + 1.5", Left
a. No smoke shop shall be allowed within 200 yards of any church, temple, or place of worship, + 2", Left + 2.5", Left + 3.14", Left
another Smoke Shop.
d. No use or establishment can exceed 2,000 square feet and drive-through/drive-up service is
not permitted.
all deliveries.
Formatted: List 4
2. Hotel and lodging services.
3. Laundry services (drycleaners)
5. Eating and drinking establishments (with drive-thru service).
6. Retail sales and services (with drive-thru service).
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(Supp. No. 45)
Page 8 of 11
height but not over eight (8) feet in height.
a. Shall adhere to a maximum floor area of eight thousand (8,000) square feet.
13. Package store.
Section 5-9. Industrial (I) district.

5-9.1 Intent and where permitted. This district (hereafter referred to as (I) is created to establish a plan
• Accommodates development for heavy commercial uses associated with manufacturing and assembly;
• Provides for a district where such uses can operate in a manner that does not cause harm to the health,
safety and welfare of the surrounding districts;
• Encourages similar uses to operate in designated, concentrated areas within the city;
• Provides for appropriate operating hours that do not cause hardship upon the landowner in this district
nor upon the surrounding districts.
Uses are limited to developments associated with heavy commercial and industrial operations. Operating hours for
all uses within this district are from 6 a.m. to 7 p.m.
1. Agricultural uses when located on a tract of not less than five acres.
2. Manufacturing, processing, fabrication, assembly, packaging, repair or servicing of any consumer
or commercial-grade product.
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(Supp. No. 45)
Page 9 of 11
3. Warehousing, wholesaling, storage or transport of consumer or commercial-grade product.
4. Retail sale of any commodity manufactured, processes, fabricated, assembled or repaired by the
occupant on the premises.
5. Offices which are in conjunction with other permitted uses.
6. Laboratories.
7. Building material yards.
8. Automobile, truck or equipment repair garages, provided that a minimum of two off street spaces
are available for service.
9. Automobile wrecking or junk yards, when completely enclosed by an opiate fence having a
minimum height of six feet, but no less than what effectively screens from plain view of all sides of
the property.
10. Trucking, railroad terminals and stations.
12. Accessory uses clearly incidental to a permitted use and which will not create a nuisance or hazard;
any accessory building exceeding 200 square feet shall have an exterior finish consistent with the
primary residence. Accessory buildings shall be limited to two structures and not exceed 400
square feet of gross floor area.
13. Lodges and buildings of fraternal and civic assembly, provided that:
a. Such use is currently underserved by existing use.
b. The lot abuts upon an arterial or collector street or state highway.
c. The lot is at least three acres in size.
d. All buildings are located at least 50 feet from all property lines.
e. A buffer at least ten feet wide is provided along the side and rear property lines, planted with
evergreen trees and shrubs that grow at least eight feet tall and provide an effective visual
screen;
f. Adequate off-street parking, provided:
i. Parking area is located to the side or rear of the principal building.
g. A circular drive for off-street loading is provided.
14. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines,
transformers, pipes, meters and related facilities for distribution of local service and owned and
operated by a public utility.
government such as schools, parks, post offices or fire stations provided:
a. A use does not exceed 12,000 square feet of gross floor area per parcel.
Created: 2022-07-13 09:10:30 [EST]
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Page 10 of 11
trees and shrubs that grow at least eight feet in height and provide an effective visual screen.
i. The lot is suitably landscaped.
ii. No vehicles or equipment are stored on the premises.
d. Stormwater management facilities shown on an approved final site plan or subdivision plat.
19. Alcohol outlet.
20. Package store. Formatted: List 3
21. Convenience store, provided that:
a. Storefronts along a public street shall allow views into the building interior for a depth of at
least five feet.
b. No convenience store shall be located within 3,960 feet (i.e., three-fourth of a mile) of any
other convenience store. The measurement of distance for the purposes of this subsection
shall be from the front door of the structure to the front door of the structure along the
shortest possible course, regardless of any common route, path, or travel.
c. At least ten (10) percent of the sales floor area shall be dedicated to fresh or pre-packaged
meats, fruits, vegetables, and diary products. Prior to the commencement of business for
any convenience store, a floor plan showing the designated sales floor area shall be
submitted to the city for approval.
d. All convenience stores that include commercial fuel pumps are required to have a Formatted: List 4
22. Smoke shops, provided that:
a. No smoke shop shall be allowed within 200 yards of any church, temple, or place of worship,
another Smoke Shop.
d. No use or establishment can exceed 2,000 square feet and drive-through/drive-up service is
not permitted.
all deliveries.
Formatted: List 4
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875 Main Street
Subject: Proposed Text Amendments to Article 3, 5, 16, and 17 of Appendix A – Zoning

and Article 2 of Chapter 12 – Licenses and Business Regulations to further define
and regulate short-term lodging in the City of Stone Mountain.
Date: July 15, 2024
Purpose:
The purpose of this staff report and analysis is to present the proposed text amendments to
Article 3, 5, 16, and 17 of Appendix A – Zoning and Article 2 of Chapter 12 – Licenses and
Business Regulations to further define and regulate short-term lodging in the City of Stone
Mountain. The Planning Commission is requested to provide a recommendation at their public
meeting on July 15, 2024, which will be forwarded to the City Council for further consideration
at their public hearing tentatively scheduled for August 20, 2024.
Background:
Short-term lodging has become more accessible to property owners and visitors, the desire to
have short-term lodging options has become very popular in metropolitan Atlanta and
throughout the country.
The city has seen an increase in the number of special use permits and variances for short-term
lodging over the past two years. Staff has researched ordinances and best practices from
jurisdictions throughout the State of Georgia to determine how short-term lodging policies are
being administered.
The State of Georgia increased the allowable excise tax for lodging to 8% and the current
ordinance still has the city only charging 5%. Staff is recommending increasing the excise tax
on all applicable lodging uses to the maximum 8%.
The following definitions are being proposed:
Hotel/Motel: An establishment providing, for a fee, sleeping accommodations and

customary lodging services, including maid service, the furnishing and upkeep of furniture and
bed linens, and telephone and desk service. Related ancillary uses may include but shall not be
limited to conference and meeting rooms, restaurants, bars, and recreational facilities.
Short-term Loding – Homestay: a residential type establishment, with commercial
enterprise, offering an individual bedroom within a residential establishment that serves as a
host's principal residence, including any single-family or accessory apartment, that provides
lodging for pay, for a maximum continuous period not to exceed twenty-nine (29) consecutive
days, that does not include serving food.
Short-term lodging – Vacation Home Facility: A residential type establishment, with
commercial enterprise, offering whole house rental with no more than four lodging rooms for
temporary occupancy for a fee and that does not offer food to guests.
SUP = Special Use permit P = Permitted

R-1 R-2 R-3 R-4 VCM MR-1 GC
Homestay P* P* P* P* P* P* -
Vacation Home - - SUP* SUP* P* SUP* -
Facility
Hotel/Motel - - - - P SUP
*Supplemental Use regulations apply
These text amendments also include a new short-term lodging license that each applicant will have to
apply for annually, along with their home occupational tax certificate (business license). This process
requires the following information from the applicant:
• Property owner information

• Property manager information
• Floors plans of the home with the approximate square footage of each bedroom
• Site plan of the overall property identifying parking
• If applicable, HOA certification of the short-term lodging unit
• Proof of homeowners insurance
• Signed acknowledgement from the owner agreeing to abide by all regulations
• $75 application fee
Further, this text amendment provides for stricter enforcement of violators that will include:
• 1st violation is a fine not to exceed $250.00

• 2nd violation within a year is a fine not to exceed $500.00
• 3rd violation within a year is a fine not to exceed $1,000.00 and the property owner will
be ineligible for a short-term lodging license for a period of 3 years.
Attachments:
1. Redlines of Article III and V of Appendix A – Zoning.

2. Redlines of Article XVI and XVII of Appendix A – Zoning.
3. Redlines of Section 12-72 and 12-73 of Article II in Chapter 12.
APPENDIX A - ZONING

Except as specifically defined herein, all words used in this ordinance have their customary dictionary
definitions. For the purpose of this ordinance, certain words or terms used herein are defined as follows:
Words used in the present tense include the future tense. Words used in the singular include the plural, and
words used in the plural include the singular.
The word "shall" is always mandatory.
The word "person" includes a firm, association, organization, partnership, trust company or corporation as
well as an individual.
The word "lot" includes the words "plot" or "parcel".
The word "building" includes the word "structure".
The word "used" or "occupied" as applied to any land or building, shall be construed to include the words
"intended, arranged or designated to be used or occupied".
The word "map" or "zoning map" means the "Zoning Map of the City of Stone Mountain, Georgia."
Accessory use: A use customarily incidental and subordinate to the principal use of building and located on the
same lot with such principal use of building.
Aggrieved person: An applicant or owner of property within 300 feet of the property in question or city-
sanctioned groups including the historic preservation committee, planning commission, downtown development
authority or citizen groups such as the Women's Club, Veterans of Foreign Wars or Rotary Club.
Alteration; building and structural: Any change in the supporting members of a building (such as any type of
supporting structural member) except such change as may be required for its safety; any addition to a building; any
change in use from that of one district classification to another or of a building from one location to another.
Alley: A private or public thoroughfare which affords only a secondary means of access to abutting property
and is not intended for general traffic circulation.
Buffer strip: A strip of land planted with evergreen shrubbery so as to form a solid barrier to vision from the
ground to a height of six feet.
Building: Any structure permanently attached to the ground and intended for shelter, housing or enclosure of
persons, animals or chattels.
Building, accessory: A subordinate building, the use of which is incidental to that of a principal building on the
same lot.
Building, height of: The vertical distance from the mean finished ground level at the front of the building to
the highest point of a roof.
Building line: A line establishing the minimum allowable distance between the nearest portion of any building
(excluding the outermost three feet of any uncovered porches, steps, gutters and similar fixtures) and the centerline
of the street.
Building, principal: A building in which is conducted the main or principal use of the lot on which said building
is situated.
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Page 1 of 19
APPENDIX A - ZONING
Commercial vehicle: Any vehicle designed, used or maintained for the transportation of persons, goods, or
things used in trade, services, or commerce in general. For the purposes of this ordinance, buses, vans and other
vehicles seating more than nine persons used for transportation of people shall be considered a commercial vehicle.
Cultural exhibit: An exhibition of cultural or historical property where collected objects are put on display to
the public.
Dwelling unit: A dwelling or portion thereof providing facilities for one or more persons living as a nonprofit
single housekeeping unit.
Dwelling, multi-family: A dwelling unit contained within a building or set of buildings on a common lot
containing separate living units for four or more families, having separate or joint entrances, and including
apartments and condominiums. These are specifically distinguished from units defined as single-family attached
dwellings.
Dwelling, single-family, attached (townhouse): A residential structure designed to house a single-family
dwelling from the lowest level to the roof, with a private outside entrance, but not necessarily occupying an
individual lot, and sharing a common wall with adjoining dwelling units.
Dwelling, single-family, detached: A residential structure designed to house a single-family dwelling unit
located on an individual lot, which is not attached to any other dwelling unit by any means.
Family day care home is operated in a private residential home to provide child care for children less than 18
years of age for less than 24 hours per day. Family day care home providers care for three, but no more than six
children for a fee.
Group Day Care Home is operated by a person, corporation, or institution, to provide child care for children
less than 18 years of age for less than 24 hours per day. Group Day Care Homes are licensed for 7-18 children.
Hotel/Motel: An establishment providing, for a fee, sleeping accommodations and customary lodging services,
including maid service, the furnishing and upkeep of furniture and bed linens, and telephone and desk service.
Related ancillary uses may include but shall not be limited to conference and meeting rooms, restaurants, bars, and
recreational facilities.
Lot: A portion of land devoted to a common use or occupied by a building or group of buildings devoted to a
common use by a legal subdivision process based on an approved plat of record, together with the customary
accessories and open spaces belonging to the same.
Lot width: The shortest distance between the side lot lines, measured at the midpoint of the building line.
Manufactured home means a building, transportable in one or more sections, built on a permanent chassis
and designed to be used with or without a permanent foundation when connected 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 180 consecutive
days or longer and intended to be improved property.
Nonconforming use: Any building or land lawfully occupied by a use at the time of passage of the ordinance or
amendment thereto which does not conform after the passage of this ordinance or amendment thereto with the
use regulations of the district in which it is situated. Existing improvements which do not meet required parking and
loading regulations, height regulations, area regulations, and residential floor area regulations for the district in
which they are located are not nonconforming uses as defined above.
Short-term Loding – Homestay: a residential type establishment, with commercial enterprise, offering an
individual bedroom within a residential establishment that serves as a host's principal residence, including any
(Supp. No. 45)
Page 2 of 19
APPENDIX A - ZONING
single-family or accessory apartment, that provides lodging for pay, for a maximum continuous period not to exceed
twenty-nine (29) consecutive days, that does not include serving food.
Short-term lodging – Vacation Home Facility: A residential type establishment, with commercial enterprise,
offering whole house rental with no more than four lodging rooms for temporary occupancy for a fee and that does
not offer food to guests.
Sign: Shall mean a device, structure or representation for visual communication which is used for the purpose
of bringing the subject thereof to the attention of others. For purposes of this ordinance, the term "sign" shall include
the structure upon which a sign face is located. Any device, structure or representation for visual communications
which is used for the purpose of bringing the subject thereof to the attention of others that is wholly located within
a completely enclosed building and is located a minimum of three feet away from any opening or exterior window
or and seasonal holiday decorations shall not be included within the definition of "sign" and regulated as such.
Sign, area of: Shall mean the total area upon which a message is displayed on any sign consisting of the smallest
square, rectangle, triangle, circle, or combination thereof, which encompasses the entire sign, inclusive of any border
and trim, but excluding the base, apron, supports, and other structural members.
Sign, free-standing: Any sign which is not supported by a wall or roof of a building, or which extends more than
three feet horizontally from the wall of a building.
Street: A public or private thoroughfare, not less than 40 feet wide, which is open to the general public and
which affords the principal means of access to abutting property.
Yard: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by
any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for
the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the
minimum horizontal distance between the lot line and the main building shall be used.
Yard (front): A yard extending across the front of a lot between the side yard lines, and being the minimum
horizontal distance between the street line and the main building or any projections thereof other than the
projections of uncovered steps, uncovered balconies or uncovered porches. On multi-frontage lots all yards fronting
on a public street hall be considered front yards.
Yard (side): A yard between the main building and the side line of the lot; extending from the front lot line to
the rear yard; being the minimum horizontal distance between a side lot line and the side of the main building or
any projections thereto.
Yard (rear): A yard extending across the rear of a lot between the side lot lines and being the minimum
horizontal distance between the rear lot line and the rear of the main building or any projections thereof, other than
the projections of uncovered steps, unenclosed balconies or unenclosed porches, provided that said projections be
at least 20 feet from the rear lot lines. On all corner lots the rear yard shall be at the opposite end of the lot from
the front yard.
Section 5-1. Single-family residential (R-1) district.

5-1.1 Intent and where permitted. This district (hereafter referred to as R-1) is created to establish a plan
• Recognizes the existence of previously established low density residential districts in communities;
(Supp. No. 45)
Page 3 of 19
• Encourages clustering of development and provision of location, environmental and development
amenities;
• Provides for low density residential development in cul-de-sac neighborhoods, community areas and
the urban area; and
• Enhances the community's character through the promotion of high quality design.
Uses are limited to single-family dwellings served by public sewers, some residentially related institutions, to
certain incidental uses intended primarily to provide service to a dwelling or a residential neighborhood.
5-1.2. Permitted uses by right.
1. Detached single-family dwellings, excluding manufactured homes.
4. Conservation/open space development of permitted residential uses, provided that conditions
outlined in Article VII (Conservation/open space development) are met.
5. Electric, gas, oil and communication facilities, excluding tower structures and including poles,
lines, transformers, pipes, meters and related facilities for distribution of local service and owned
and operated by a public utility.
6. Guest house or pool house on a lot containing a single-family residence limited to one on each lot
and shall not include cooking facilities and shall not exceed the square footage of the principal
structure.
7. Swimming pool for a single-family residential dwelling, that is completely enclosed by an opiate
fence or wall at least four (4) feet in height, but not over eight (8) feet in height. Swimming pools
shall meet all the requirements of the International Building Code and applicable local health
department rules and regulations.
8. Accessory uses clearly incidental to a permitted use and which will not create a nuisance or
hazard; any accessory building exceeding 200 square feet shall have an exterior finish consistent
with the primary residence. Accessory buildings shall not exceed a total of 400 square feet of
gross floor area.
government such as schools, parks, post offices or fire stations.
b. All structures, except for driveways, are enclosed by a wall or woven wire fence at least but
not greater than eight feet in height.
trees and shrubs that grow at least eight feet in height and provide an effective visual
screen.
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14. Schools offering traditional core educational courses similar to the public elementary, middle and
high schools, provided:
a. Any school be on a lot at least of 400 feet wide and containing six acres of lot area;
b. All buildings be at least 60 feet from every property line.
15. Existing cemeteries.
16. Short-term lodging -- homestay pursuant to the supplemental use requirements in Article XVII.
…
Section 5-2. Traditional residential (R-2) district.

5-2.1 Intent and where permitted. This district (hereafter referred to as (R-2) is created to establish a plan
• Promotes the preservation of historic and architectural integrity of Stone Mountain's residential
neighborhoods;
• Restricts properties and structures to predominantly low density single-family residential uses;
• Requires low densities that are similar to the established neighborhoods within the R-2 district;
• Protects the established neighborhoods from encroachment of uses not performing a function
necessary to the single-family residential environment.
Uses are limited to single-family detached dwellings, two-family dwellings upon condition, some residentially
related institutions, to certain incidental uses intended primarily to provide service to a dwelling or a residential
neighborhood.
5-2.2 Permitted Uses by Right.
1. Detached single-family dwellings, excluding manufactured homes provided the development is
compatible to the scale and architectural style of the surrounding neighborhood.
2. Swimming pool for a single-family residential dwelling, that is completely enclosed by an opaque
fence or wall at least four feet in height, but not over eight feet in height. Swimming pools shall
meet all the requirements of the International Building Code and applicable local health
department rules and regulations.
outlined in article VII (conservation/open space development) are met.
Created: 2023-07-25 11:39:04 [EST]
(Supp. No. 45)
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c. Ten-foot buffer is provided along the side and rear property lines, planted with evergreen
screen.
with the primary residence. Accessory buildings shall not exceed 400 square feet of gross floor
area.
…
Section 5-3. In-town neighborhood (R-3) district.

• Promotes the preservation of historic and architectural integrity of Stone Mountain's residential
neighborhoods;
• Encourages and allows for cluster development;
• Encourage the preservation of functional open space in and around the R-3 district;
• Encourages infill development;
• Provides for compact single-family and two-family residential development;
• Promotes more efficient use of land and utilities;
• Accommodates moderate- density residential development adjacent to small-scale commercial uses;
• Encourage pedestrian-oriented development within walking distance of transit opportunities;
• Enhance the community's character through the promotion of high quality urban design.
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(Supp. No. 45)
Page 6 of 19
Uses are limited to single-family dwellings, two-family dwellings, some residentially related institutions, to certain
incidental uses intended primarily to provide service to a dwelling or a residential neighborhood.
1. Single- and two- family attached dwellings, provided the dwelling is owner occupied.
screen.
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5-3.3 Permitted by special uses. The following uses may be permitted provided the applicant for such a
development is granted a special use permit by the mayor and council after receiving recommendations from the
planning commission and after a public hearing:
a. The lot abuts upon an arterial or collector street or state highway.
b. The lot is at least three acres in size.
c. All buildings are located at least 50 feet from all property lines.
d. A buffer at least ten feet wide is provided along the side and rear property lines, planted with
evergreen trees and shrubs that grow at least eight feet tall and provide an effective visual
screen;
e. Adequate off-street parking, provided:
f. A circular drive for off-street loading is provided.
2. Bed and breakfast provided that it is owner-occupied and that conditions outlined in article XV (bed
and breakfast facilities) are met.
3. Accessory dwelling units or guest houses on a lot containing a single-family residence limited to one on
each lot and provided further that the minimum lot area shall be the minimum lot size required by R-3
district regulations.
a. The accessory dwelling unit shall contain not less than 400 or less square feet, with the maximum
lot coverage with the principal and accessory structures combined not to exceed the maximum
lot coverage as specified in the R-3 district regulations.
b. The accessory dwelling unit shall meet the requirements as provided in article VI supplemental,
section 6-8 accessory uses.
4. Accessory uses clearly incidental to a permitted use and which will not create a nuisance or hazard; any
accessory building exceeding 200 square feet shall have an exterior finish consistent with the primary
residence. Accessory buildings shall not exceed 400 square feet of gross floor area.
5. Rental of permitted accessory dwelling units and guest cottages, provided that:
a. Yard, area, and other requirements of this ordinance shall be met for each such use whether or
not such use is on an individual lay-out;
b. The primary building/residence is not rented.
7. Food and beverage retail sales.
8. Retail sales and services, provided:
a. A use does not exceed 2,500 square feet of gross floor area per parcel.
b. The lot must abut a major street as defined by the official zoning map.
9. Planned community including single-family residential units, multi-family residential units with or
without individual cooking facilities and complimentary uses primarily to provide services to the
planned community, provided:
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a. The minimum parcel size for the development is five acres.
b. A master plan for the entire development is approved.
c. Commercial or other non-residential uses shall be incidental to the primary use.
10. Short-term lodging – vacation home facility pursuant to Article XVI.
…
Section 5-4. Shermantown residential (R-4) district.

• Recognizes the existence of a previously established medium density residential district in communities
and the urban area;
• Retains and protects the historic Shermantown neighborhood;
• Encourages infill development;
• Provides for compact single-family residential development;
• Promotes more efficient use of land and utilities;
• Accommodates moderate- density residential development above small-scale ground-floor commercial
uses;
• Encourage pedestrian-oriented development within walking distance of transit opportunities;
• Enhance the community's character through the promotion of high quality urban design.
Uses are limited to single-family dwellings, two-family dwellings, some residentially related institutions, mixed-use
developments to certain enumerated complimentary uses intended primarily to provide service to a dwelling or a
residential neighborhood.
2. Attached single- and multi-family dwellings, provided:
a. Residential units are not on the ground floor;
b. Are a part of a residential/commercial mixed-use building.
4. Rental of permitted residential uses or guest cottages, provided that either the principal
residence or guest cottage is owner occupied; that yard, area, and other requirements of this
ordinance shall be met for each such use whether or not such use is on an individual lay-out.
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(Supp. No. 45)
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hazard; except that not more than two automobiles in operating condition belonging to residents
of a dwelling shall be parked between a dwelling and the street or streets it adjoins. All cars in
excess of two and all cars not in operating condition any truck, boat or unoccupied travel trailer
shall be parked in the rear yard or in a garage or carport. All automobile parts shall be stored
within a garage or storage building. Any accessory building exceeding 200 square feet shall have
an exterior finish consistent with the primary residence. Accessory buildings shall not exceed 800
square feet of gross floor area.
screen.
16. Retail sales and services, provided:
a. A use is a part of a residential/commercial mixed-use building;
b. A use does not exceed 1,000 square feet of gross floor area per parcel;
c. A use does not provide for, or serve alcohol.
17. Religious institutions, provided:
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d. A buffer at least ten feet wide is provided along the side and rear property lines, planted
with evergreen trees and shrubs that grow at least eight feet tall and provide an effective
visual screen;
A. The following uses may be permitted provided the applicant for such a development is granted a
special use permit by the mayor and council after receiving recommendations from the planning
commission and after a public hearing:
a. Such use is currently underserved by existing use.
b. The lot abuts upon an arterial or collector street or state highway.
c. The lot is at least three acres in size.
d. All buildings are located at least 50 feet from all property lines.
e. A buffer at least ten feet wide is provided along the side and rear property lines, planted
visual screen;
f. Adequate off-street parking, provided:
3. Bed and breakfast facilities.
area.
a. Accessory dwelling units shall contain 400 or less square feet, with the maximum lot
coverage with the principal and accessory structures combined not to exceed the
maximum lot coverage as specified in the R-4 district regulations.
b. The accessory dwelling unit shall meet the requirements as provided in article VI supplemental,
section 6-8 accessory uses.
5. Eating and drinking establishments (with alcohol).
6. Food and beverage retail sales (with alcohol).
…
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Section 5-5. Village center mixed-use (VCM) district.
5-5.1 Intent and where permitted. This district (hereafter referred to as (VCM) is created to establish a plan
• Accommodates moderate- to high-density residential development and ground-floor commercial uses
with residential units above. This district also accommodates low-intensity office development
compatible with the residential character of the VCM district.
• Allows for a diverse variety of uses, structures, densities and open spaces when not in conflict with
• Promotes a more efficient use of land and a smaller network of utilities and natural resources than
• Encourages the preservation of functional open space in and around the village center;
• Provides the opportunity for the application of innovative site planning concepts through the creation
of aesthetically pleasing environments for living, shopping and working on properties of adequate
shape, size and location that conventional land development may not allow for;
• Encourages high pedestrian use and accessibility and transportation alternatives.
Uses are limited to multi-family dwellings, two-family dwellings, mixed-use residential and commercial
developments to commercial and professional complimentary uses intended primarily to provide service to the
entire city.
1. Attached multi-family dwellings, provided:
a. Is a part of a residential/commercial mixed-use building.
3. Rental of permitted residential uses, provided that yard, area, and other requirements of this
area.
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screen.
15. Recreation sales and services.
16. Automatic teller machines that are not an accessory use to a financial center.
18. Financial services.
20. Food and beverage retail sales,
22. Retail sales (general excluding automotive).
24. Short-term lodging – vacation home facility pursuant to the supplemental use requirements in
Article XVI.
25. Hotel/Motel.
…
Section 5-6. Multi-family residential (MR-1) district.

5-6.1 Intent and where permitted. This district (hereafter referred to as (MR-1) is created to establish a plan
• Accommodate moderate- to high-density residential development above or adjacent to ground-floor
commercial uses. This district also accommodates office development compatible with the residential
character of the MR-1 district.
• Support mixed-use (residential/nonresidential) projects with active ground-floor uses;
• Allow for a diverse variety of uses, structures, densities and open spaces when not in conflict with
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• Promote a more efficient use of land and a smaller network of utilities and natural resources than
• Provide the opportunity for the application of innovative site planning concepts through the creation of
aesthetically pleasing environments for living, shopping and working on properties of adequate shape,
size and location that conventional land development may not allow for;
• Encourage high pedestrian use and accessibility and transportation alternatives.
Uses are limited to multi-family dwellings, mixed-use residential and commercial developments to commercial and
professional complimentary uses; certain enumerated complimentary uses intended primarily to provide services
to this district.
1. Two-family attached dwellings.
2. Multi-family attached dwellings.
3. Mixed-use dwellings.
5. Rental of permitted residential uses, provided that yard, area, and other requirements of this
area.
a. All structures, except for driveways, are enclosed by a wall or opiate fence at least but not
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b. A ten-foot buffer is provided along the side and rear property lines, planted with evergreen
screen.
c. The lot is suitably landscaped.
d. No vehicles or equipment are stored on the premises.
18. Financial services offices.
19. Eating and drinking establishments (without alcohol).
20. Food and beverage retail sales (without alcohol).
22. Retail sales (general excluding automotive), provided:
a. A use does not exceed 45,000 square feet of gross floor area.
23. Neighborhood recreation centers, provided:
a. All buildings are located at least 100 feet from any property line.
i. Any school be on a lot at least of 400 feet wide and containing six acres of lot area;
ii. All buildings be at least 60 feet from every property line.
A. The following uses may be permitted provided the applicant for such a development is granted a
special use permit by the mayor and council after receiving recommendations from the planning
commission and after a public hearing:
1. Religious institutions, provided:
d. A buffer at least ten feet wide is provided along the side and rear property lines, planted
visual screen;
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3. Family day care center, provided
a. It is an owner-occupied establishment;
b. Must receive approval by:
i. Obtaining signatures from neighboring lots; and
ii. No more than six individuals are kept.
4. Group day care facilities including private kindergartens and playschools provided:
a. The lot abuts upon a major or collector street or a state highway.
b. A circular drive for off-street loading and unloading of children is provided.
c. If a special use permit is approved, comply with all state day care requirements and health
regulations.
d. At least 35 square feet of indoor play area for each child at maximum enrollment is
provided.
e. At least 100 square feet of outdoor play area for each child at maximum enrollment is
provided.
f. The outdoor play area is enclosed by a fence at least four feet in height but not over eight
feet in height.
5. Animal sales and services (household pets, no outside runs or kennels).
h. Services are non-automotive;
i. No outside storage.
7. Eating and drinking establishments (with walk-through service).
8. Laundry services (drycleaners).
10. Automatic teller machines that is a part of a mixed use development.
11. Bed and breakfast, provided that conditions outlined in article XV (bed and breakfast facilities)
are met.
Section 5-7. General commercial (GC) district.

5-7.1 Intent and where permitted. This district (hereafter referred to as (GC) is created to establish a plan
• Encourages the organized concentration of a wide variety of retail goods and services for the community;
• Promotes high-quality design and aesthetic features including lighting, landscaping and pedestrian-
oriented amenities;
• Encourage inter-parcel accessibility and promotes the use of transportation alternatives;
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(Supp. No. 45)
Page 16 of 19
• Creates and enhances commercial areas where complete retail sales and services are available and
desirable for public service and convenience; and
• Require a location accessible to large numbers of people and that serve substantial portions of the
community.
This district is intended primarily for developments that contain commercial, financial, governmental or professional
complementary uses intended primarily to provide service to the entire community. Typically this district would be
applied where central area commercial facilities are desired or along major roadways.
2. Hotel/motel and lodging services.
3. Laundry services (drycleaners)
5. Eating and drinking establishments (with drive-thru service).
6. Retail sales and services (with drive-thru service).
height but not over eight (8) feet in height.
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(Supp. No. 45)
Page 17 of 19
Section 6-8. Accessory uses.

A. Accessory uses or buildings (including accessory dwelling units) shall be permitted only in side or rear yards,
except as otherwise provided in this ordinance.
B. No accessory building shall be erected on a lot prior to the time of construction of the principal building to
which it is accessory.
C. Only two accessory buildings (not including accessory dwelling units) shall be permitted on a lot.
D. Accessory uses or structures (not including accessory dwelling units) shall be permitted if they meet the
following:
1. Accessory buildings shall be set back not less than ten feet from any lot line.
2. An accessory building shall not be any larger than 24' x 24' and must comply with district development
regulations.
3. Accessory buildings located on property in excess of one acre will not be restricted to size, as long as the
structure meets building codes and other requirements of this ordinance.
4. Accessory buildings in residential districts shall not be used for any type of commercial operation
whether permanent, part-time or as part of a home occupation except as otherwise provided for in this
ordinance. A home occupation can be conducted in an accessory building if approved as a special use.
5. No accessory structure shall exceed a height of 15 feet.
6. Detached accessory buildings shall be located at least ten feet from the principal structure on a lot.
7. Satellite dish antennas shall be permitted as accessory structures only in rear yards unless it can be
documented that reception is impaired by such a location. In this case an antenna would be permitted
in a side yard.
a. Satellite dish antennas which exceed two feet in diameter shall not be located on the roof of a
single-family structure.
8. Basketball goals, which are attached to the principal residence structure or erected adjacent to and
abutting the driveway of the principal residence structure or the driveway area shall be allowed in the
front, side or rear yard but not in the right-of-way of a public street.
9. No fabricated structure shall be erected on a lot for accessory purposes in any residential zoning district
except when constructed in the rear yard.
a. No tent or tarpaulin structures shall be erected on a lot for accessory purposes in any zoning
district. Tent or tarpaulin structures shall be permitted in residential districts for temporary
recreational use or in the exercise of religious observances or similar events.
E. Accessory dwelling units shall be permitted if they meet the following:
1. The accessory dwelling unit shall contain 400 or less square feet.
2. There shall be one off-street parking space provided for the accessory dwelling unit, which is in addition
to any off-street parking spaces required for the primary residence.
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3. No accessory dwelling unit shall exceed a height of 15 feet and shall be set back not less than 10 feet
from any lot line.
4. Accessory dwellings, whether attached or detached, shall have exterior finishes or architectural
treatments (e.g. brick, wood, etc.) or an appearance substantially similar to those on the principal
residence.
5. The accessory building unit shall meet all building code standards including building, electrical, fire, and
plumbing code requirements, and occupancy restrictions as provided in the city's ordinances.
6. The accessory dwelling shall not contain a home occupation and shall not be used for any commercial
occupation. Any property owner seeking to establish an accessory dwelling unit shall apply to register
the unit with the administration department (zoning administrator). The property owner shall file a
complete registration application form, before building permit issuance, affirming that at least one
owner will occupy the primary residence for the full length of time that accessory dwelling use is
established in accordance with all applicable zoning regulations. The property owner shall annually
affirm the same by registration renewal within thirty (30) days after January 1, of each year.
7. After receipt of a completed application for registration and prior to issuance of a certificate of
occupancy or approval of use, the city (building official) shall inspect the property to confirm adherence
to the size, height, design, and parking requirements of this code are met.
8. The registration form or other forms as required by the zoning administrator shall be filed as a deed
restriction with the DeKalb County Tax Assessor to provide notice of the presence of the accessory
dwelling unit, the requirement of owner occupancy, and other standards for maintaining the unit as
described, with verification of recording of the filing being provided to the city zoning administrator
within 90 days of issuance of certificate of occupancy.
9. The zoning administrator (or his/her designee) shall report annually on accessory dwelling unit
registration, number of units and distribution throughout the city, and average size of units.
10. Cancellation of registration of the accessory dwelling unit may be accomplished by the property owner
filing a certificate with the zoning administrator (or his/her designee) for recording with the DeKalb
County Tax Assessor or may occur as result of an enforcement action.
11. Only one accessory dwelling unit shall be permitted on a lot.
12. Accessory dwelling units and guest houses shall be differentiated from short-term lodging units
regulated in Articles XVI and XVII.
(Ord. No. 2016-14, Pt. I, 10-4-16; Ord. No. 2018-02, Pt. I, 3-6-18)
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Page 19 of 19
APPENDIX A - ZONING
ARTICLE XVI: VACATION HOME FACILITIES
ARTICLE XVI: SHORT-TERM LODGING - VACATION HOME FACILITIES
Section 16-1. Purpose, applicability, definitions., licenses.

16-1.1 Purpose.
A. The purpose of this article is to establish the establishment of land use regulations within the scope of
the zoning powers of the municipal authority to govern vacation home facilities in the city. The intent
of this article is to promote economic development in the vacation rental industry while minimally
impacting existing residential uses. without harming existing residential properties.
B. This article is not intended to regulate hotels, motels, inns, or non-vacation type rental arrangements
including, but not limited to, boardinghouses, lodging houses, or rooming houses.
16-1.2 Applicability.
A. It shall be unlawful for any owner of any property within the City of Stone Mountain to rent or operate a
vacation home facility contrary to the procedures and regulations established in this article, other
provisions of this Code, or any applicable state law.
B. The restrictions and obligations contained in this article shall apply to vacation home facilities at all
times during which the vacation home facility is marketed and used as such.
C. The allowance of a vacation home facility pursuant to this article shall not prevent enforcement of
additional restrictions that may be contained in restrictive covenants or other private contractual
agreements or arrangements. The City of Stone Mountain shall not be responsible for enforcement of
such covenants, agreements, or arrangements.
D. A property that has been advertised or listed via the internet or other media sources (e.g.
www.vrbo.com, www.airbnb.com, etc.) for short-term lodging shall be prima facie evidence the
property is being used as a short-term lodging.
16-1.23 Definitions.
A. A lodging room is defined as a room that is used for temporary occupancy for a fee.
B. An owner is defined as an individual, partner, or officer of a corporation who is an officer registered
with the Corporations Division of the Georgia Secretary of State with title to real property.
C. A vacation home facility is defined as a residential type establishment, with commercial enterprise,
offering whole house rental with no more than four lodging rooms for temporary occupancy for a fee
and that does not offer food to guests.
D. A property manager is a person designated by the owner who has access and authority to assume
management of the vacation home facility and take remedial measure while the vacation home facility
is occupied.
E. Temporary occupancy is defined as the short-term use of a unit for a limited duration not exceeding 30
consecutive days and intended for transient guests who do not establish permanent residence.
(Supp. No. 45)
Page 1 of 7
16-1.3 Licenses.
A. A vacation home facility shall obtain a home occupational tax certificate from the city.
B. Fees for lodging in a vacation home facility are subject to local and state taxation ordinances.
(Ord. No. 2017-07, pt. I, 8-1-17)
Section 16-2. Occupancy and parking restrictions.

16-2.1 Occupancy restrictions.
A. A vacation home facility must meet the following occupancy restrictions:
1. Provide no more than four lodging (guest) rooms with a minimum of 70 square feet per room.
2. Occupancy of a lodging room shall require at least 40 square feet per individual.
3. Occupancy by guest(s) shall not exceed 14 consecutive days during any 90 day period.
4. The owner of a vacation home facility shall live within the corporate boundaries of DeKalb
County, Georgia or have a designated property manager, as defined and regulated in this Article.
5. Vacation home facilities shall be available for occupancy on a continuous basis except for repairs,
renovations, or the absence of the owner.
6. Vacation home facilities shall be required to have a smoke alarm in each lodging room (guest
room) and a fire extinguisher visible and accessible to guests. The facilities are subject to at least
one annual inspection at the time of initial licensing and during renewal of the same.
16-2.2 Parking restrictions.
A. Except where permitted by law, no parking shall be allowed on the street or in any unpaved portion of
the front yard of any lot occupied by a short-term lodging use. a vacation home facility.
B. Parking regulations relative to the zoning district in which the vacation home facility is located shall
apply.
(Ord. No. 2017-07, pt. I, 8-1-17)
Section 16-3. Signage.

16-3.1 Signage.
A. No business and advertising signs shall be permitted.
(Ord. No. 2017-07, pt. I, 8-1-17)
Section 16-4. Licenses, transferability, enforcement.

16-4.1 Licenses.
A. Vacation home facilities shall be limited to those properties zoned Village Center Mixed-Use (VCM) and
properties with an approved Special Use Permit from City Council.
B. A vacation home facility shall obtain a home occupational tax certificate from the city and renew on an
annual basis.
C. Fees for lodging in a vacation home facility are subject to local and state taxation ordinances.
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Page 2 of 7
D. The owner of a vacation home facility shall obtain a short-term lodging license from the city and renew
on an annual basis. The application shall be furnished on a form specified by the city, accompanied by a
non-refundable license fee as established by the official Fee Schedule of the City of Stone Mountain.
Such application shall include:
1. Name, address, phone number, and email address of the property owner(s) of record for which a
permit is sought.
2. The property manager contact form including but not limited to their name, address, phone
number, and email address.
3. A floor plan showing all bedrooms and bathrooms with the approximate square footage of each
bedroom.
4. A site plan of the overall property identifying parking spaces for lodgers.
5. A short-term lodging property located within a subdivision where a functioning homeowners
association exists shall provide a notarized statement from the applicant that short-term lodging
is not prohibited under the covenants of the HOA/subdivision.
6. Proof of homeowners insurance.
7. Signed acknowledgement that the owner(s) has read all regulations pertaining to the operation
of a vacation home facility and their agreement to abide by all applicable regulations.
E. Active licenses shall not expire, provided that a property owner shall renew the license on an annual
basis. If a property owner fails to renew a license, it shall be considered terminated by the licensee.
16-4.2 Property Manager Required.
A. A property manager shall be designated for each vacation home facility.
B. The property manager shall be required to respond to the location of the vacation home facility 24 hours
a day, 7 days a week, and within one (1) hour after being notified by the City.
C. An owner of a vacation home facility may designate themselves as the property manager.
16-4.3 Transferability.
A. Short-term lodging licensure issued under this ordinance shall not be transferred, assigned, or used by
any person other than the owner to whom it is issued, or at any location other than for which it is
issued.
B. Short-term lodging licensure terminates upon transfer of the property to another owner.
16-4.4 Enforcement.
A. Licenses issued under this ordinance may be suspended or revoked for any of the following reasons:
1. An applicant furnished fraudulent or untruthful information in the application for a license, or
omitted information required in the application for a license, or failed to pay all fees, taxes, or
other charges imposed under the provisions of the City Code, in which case the city may
immediately suspend or revoke the short-term lodging license.
2. Any short-term lodging for which there are three (3) final determinations of violations of the City
Code by a property owner, tenant, guest, host, lessee, or individual otherwise related directly to
the property within any rolling 365-day period, shall constitute a violation of the terms of
licensure and shall terminate the license. For any license that is terminated due to code
violations, a property owner shall be ineligible for a license for a period of three (3) years.
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(Supp. No. 45)
Page 3 of 7
3. Any licensee having his or her license suspended or revoked under this section may appeal to the
city council in accordance with Section 2-1.10 Procedures for appeal of administrative decision.
4. Failure to renew a short-term lodging license or home occupation tax certificate.
B. Any violations of this this code, including any violation of the noise control ordinance, shall subject the
licensed individual to the following progressive actions:
1. The first violation within any rolling 365 day period shall result in a fine not to exceed $250.00
and a written warning notice of violation.
2. The second violation within any rolling 365 day period shall result in a fine not to exceed $500.00
and a short-term lodging license suspension for a period of 30 days.
3. The third violation within any rolling 365 day period shall result in a fine not to exceed $1,000.00
and the revocation of the short-term lodging license and neither the owner nor local contact
person shall be eligible to reapply for a license for a period of three (3) years.
C. Each day the short-term lodging is marketed or rented for overnight accommodation without the
necessary short-term lodging license required under this article shall constitute a separate violation.
D. Failure of the owner or property manager to respond to calls or complaints regarding the condition,
operation, or conduct of occupants and/or guests of the short-term lodging in a timely and appropriate
manner shall be grounds for imposition of penalties as set forth in this article. It is not intended that an
owner or local contact person act as a peace officer or place himself or herself in an at-risk situation.
ARTICLE XVII: SHORT-TERM LODGING -- HOMESTAY
Section 17-1. Purpose, applicability, definitions.

17-1.1 Purpose.
A. The purpose of this article is to establish land use regulations within the scope of the zoning powers of
the municipal authority to govern vacation home facilities in the city. The intent of this article is to
promote economic development in the vacation rental industry while minimally impacting existing
residential uses.
B. This article is not intended to regulate hotels, motels, inns, or non-vacation type rental arrangements
including, but not limited to, boarding houses, lodging houses, or rooming houses.
17-1.2 Applicability.
E. It shall be unlawful for any owner of any property within the City of Stone Mountain to rent or operate a
homestay contrary to the procedures and regulations established in this article, other provisions of this
Code, or any applicable state law.
F. The restrictions and obligations contained in this article shall apply to homestays at all times during
which the homestay is marketed and used as such.
G. The allowance of a homestay pursuant to this article shall not prevent enforcement of additional
restrictions that may be contained in restrictive covenants or other private contractual agreements or
arrangements. The City of Stone Mountain shall not be responsible for enforcement of such covenants,
agreements, or arrangements.
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(Supp. No. 45)
Page 4 of 7
H. A property that has been advertised or listed via the internet or other media sources (e.g.
www.vrbo.com, www.airbnb.com, etc.) for short-term lodging shall be prima facie evidence the
property is being used as a short-term lodging.
17-1.3 Definitions.
A. A lodging room is defined as a room that is used for temporary occupancy for a fee.
B. An owner is defined as an individual, partner, or officer of a corporation who is an officer registered
with the Corporations Division of the Georgia Secretary of State with title to real property.
C. Homestay lodging is defined as a residential type establishment, with commercial enterprise, offering
an individual bedroom within a residential establishment that serves as a host's principal residence,
including any single-family or accessory apartment, that provides lodging for pay, for a maximum
continuous period not to exceed twenty-nine (29) consecutive days, that does not include serving food.
D. Temporary occupancy is defined as the short-term use of a unit for a limited duration not exceeding 30
consecutive days and intended for transient guests who do not establish permanent residence.
Section 17-2. Occupancy and parking restrictions.

17-2.1 Occupancy restrictions.
A. A short-term lodging room must meet the following occupancy restrictions:
1. Provide no more than one lodging (guest) rooms with a minimum of 70 square feet per room.
2. Occupancy of a lodging room shall require at least 40 square feet per individual.
3. Occupancy by guest(s) shall not exceed 14 consecutive days during any 90 day period.
4. The owner of a short-term lodging room shall be present at the residential home during the
entire occupancy of the short-term lodging room.
5. Short-term lodging room shall be available for occupancy on a continuous basis except for
repairs, renovations, or the absence of the owner.
6. Short-term lodging rooms shall be required to have a smoke alarm in the lodging room (guest
room) and a fire extinguisher visible and accessible to guests. The facilities are subject to at least
one annual inspection at the time of initial licensing and during renewal of the same.
17-2.2 Parking restrictions.
A. Except where permitted by law, no parking shall be allowed on the street or in the any unpaved
portion of the front yard of any lot occupied by a short-term lodging use.
B. Parking regulations relative to the zoning district shall apply.
Section 17-3. Signage.

16-3.1 Signage.
A. No additional signage shall be permitted.
Section 17-4. Licenses, transferability, enforcement.
17-4.1 Licenses.
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(Supp. No. 45)
Page 5 of 7
A. Applicants shall be limited to owner-occupied single-family residential lots receiving a current
homestead exemption through DeKalb County.
B. A homestay shall obtain a home occupational tax certificate from the city and renew on an annual
basis.
C. Fees for lodging in a homestay are subject to local and state taxation ordinances.
D. The owner of a homestay shall obtain a short-term lodging license from the city and renew on an
annual basis. The application shall be furnished on a form specified by the City, accompanied by a non-
refundable license fee as established by the official Fee Schedule of the City of Stone Mountain. Such
application shall include:
1. Name, address, phone number, and email of the property owner(s) of record for which a permit
is sought.
2. A floor plan showing all bedrooms and bathrooms with the approximate square footage of each
bedroom.
3. A site plan of the overall property identifying parking spaces for lodgers.
4. A short-term lodging property located within a subdivision where a functioning homeowners
association exists must provide a notarized statement from the applicant that short-term lodging
is not prohibited under the covenants of the HOA/subdivision.
5. Proof of homeowners insurance.
6. Signed acknowledgement that the owner(s) has read all regulations pertaining to the operation
of a homestay and their agreement to abide by all applicable regulations.
E. Active licenses shall not expire, provided that a property owner shall renew the license on an annual
basis. If a property owner fails to renew a license, it shall be considered terminated by the licensee.
17-4.2 Transferability.
A. Short-term lodging licensure issued under this ordinance shall not be transferred, assigned, or used by
any person other than the owner to whom it is issued, or at any location other than for which it is
issued.
B. Short-term lodging licensure terminates upon transfer of the property to another owner.
17-4.3 Enforcement.
A. Licenses issued under this ordinance may be suspended or revoked for any of the following reasons:
1. An applicant furnished fraudulent or untruthful information in the application for a license, or
omitted information required in the application for a license, or failed to pay all fees, taxes, or
other charges imposed under the provisions of the City Code, in which case the city may
immediately suspend or revoke the short-term lodging license.
2. Any short-term lodging for which there are three (3) final determinations of violations of the City
Code by a property owner, tenant, guest, host, lessee, or individual otherwise related directly to
the property within any rolling 365 day period, shall constitute a violation of the terms of
licensure and shall terminate the license. For any license that is terminated due to code
violations, a property owner shall be ineligible for a license for a period of three (3) years.
3. Any licensee having his or her license suspended or revoked under this section may appeal to the
city council in accordance with Section 2-1.10 Procedures for appeal of administrative decision.
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(Supp. No. 45)
Page 6 of 7
B. Any violations of this this code, including any violation of the noise control ordinance, shall subject the
licensed individual to the following progressive actions:
1. The first violation within any rolling 365 day period shall result in a fine not to exceed $250.00
and a written warning notice of violation.
2. The second violation within any rolling 365 day period shall result in a fine not to exceed $500.00
and a short-term lodging license suspension for a period of 30 days.
3. The third violation within any rolling 365 day period shall result in a fine not to exceed $1,000.00
and the revocation of the short-term lodging license and neither the owner nor local contact
person shall be eligible to reapply for a license for a period of three (3) years.
C. Each day the short-term lodging is marketed or rented for overnight accommodation without the
necessary short-term lodging license required under this article shall constitute a separate violation.
D. Failure of the owner or local contact person to respond to calls or complaints regarding the condition,
operation, or conduct of occupants and/or guests of the short-term lodging in a timely and appropriate
manner shall be grounds for imposition of penalties as set forth in this article. It is not intended that an
owner or local contact person act as a peace officer or place himself or herself in an at-risk situation.
Created: 2023-07-25 11:39:05 [EST]
(Supp. No. 45)
Page 7 of 7
Sec. 12-72. Tax rate; applicability; maximum rate.
Pursuant to O.C.G.A. § 48-13-51, there is hereby levied an excise tax upon the furnishing for value to the
public of any room, lodging or accommodations furnished by any person licensed by or required to pay business or
occupation taxes to the city for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, or any other place
in which rooms, lodgings or accommodations are regularly furnished for value. No tax shall be levied as provided in
this section upon the fees or charges for any rooms, lodgings or accommodations furnished for a period of more
than ten (10) consecutive days or for use as meeting rooms. No tax shall be levied as provided in this section upon
the fees or charges for any rooms, lodgings or accommodations furnished for a period of one (1) or more
consecutive days for use by state or local government officials or employees when traveling on official business. No
tax levied pursuant to this section shall be levied or collected at a rate exceeding eightfive (85) percent of the
charge to the public for the furnishings. The proceeds of this tax shall be used in accordance with the provisions of
O.C.G.A. § 48-13-51(a)(D)(3). Any action by the city to increase the tax imposed under this section above eightfive
(58) percent shall become effective no sooner than the first day of the second month following its adoption.
(Ord. No. 95-5, 4-4-95; Ord. No. 05-13, pt. I, 6-7-05)
Sec. 12-73. Collection of tax by operator.

Every operator renting guest rooms in this city shall collect a tax of eightfive (85) percent on the amount of
rent from the occupant, unless an exemption is provided under section 12-74. The operator shall provide a receipt
to each occupant, which receipt shall reflect both the amount of rent and the amounts of this and other tax(es)
applicable. This tax shall be due from the occupant, and shall be collected by the operator at the same time that
the rent is collected.
(Ord. No. 95-5, 4-4-95)
Created: 2023-07-25 11:38:50 [EST]
(Supp. No. 45)
Page 1 of 1
875 Main Street
OWNER/APPLICANT: Richard Edwards, AICP – Planning Director
LOCATION: 5305 West Mountain Street (18 089 03 001)

5327 West Mountain Street (18 089 03 002)
CURRENT ZONING/USE: GS: Green Space
PROPOSED ZONING/USE: VCM: Village Center Mixed-Use
REQUEST: City initiated rezoning from GS to VCM at 5305 and 5327

West Mountain Street (Parcel ID: 18 089 03 001 & 002).
ZONING/ADJACENT LAND USE:

North OPI: Office/Professional Institutional – First United
Methodist Church
South R-2: Traditional Residential & OPI: Office/Professional
Institutional - GMC
West R-2: Traditional Residential
East VCM: Village Center Mixed-Use – Main Street
Comprehensive Plan:
Future Land Use Designation: Parks/Recreation/Conservation
MEETING INFORMATION:
Planning & Zoning Commission: 07/15/2024 – 6:30 P.M.
City Council 1st Read: 08/06/2024 – 6:30 P.M.
City Council Public Hearing: 08/20/2024 – 6:30 P.M.
RECOMMENDATION: Approval
BACKGROUND:
July 15, 2024
Subject: City initiated rezoning for 5305 & 5327 West Mountain Street (fka The
Baptist Lot).
Background: The existing site contains a covered public space with restrooms along the CSX
Railroad Track and adjacent to Downtown Stone Mountain. The City of Stone Mountain recently
purchased this land and is currently working with City Council and citizens for potential
development opportunities on the site.
The future land use map designates this site as Parks/Recreation/Conservation, which calls for
land dedicated to active or passive recreational uses. The property also falls within the Historic
Core Character area that calls for new development and redevelopment to increase the
burgeoning mix of uses. This area will continue to be the hub of city offices, greenspaces, and
links to regional transportation routes. Further, the character area calls for this area to be
pedestrian friendly and linked to other city neighborhoods through sidewalk and bicycle routes.
Zoning Map
Future Land Use Map
Analysis: Pursuant to Article II of the City of Stone Mountain Zoning Ordinance, Staff has
reviewed the rezoning request in accordance with the required review criteria.
1. The existing uses and zoning of nearby property;

North: First United Methodist Church (OPI).
South: There is a single-family home (R-2) and the Georgia Military College (OPI).
East: The CSX Railroad Tracks adjacent to Downtown Stone Mountain (VCM).
West: There are existing single-family homes (R-2).
2. The extent to which property values are diminished by their particular zoning
restriction;
The current zoning restrictions only allow for recreational purposed, distribution of
utility services, and agricultural uses. This use reduces the number of allowed uses
and restricts future development.
3. The extent to which the possible reduction of property values of the subject
property promotes the health, safety, morals or general welfare of the public;
This proposal could increase the property values of the subject property. There are no
anticipated impacts to health, safety, morals, or general welfare of the public.
4. The suitability of the subject property for the zoning proposed;
The proposed zoning is suitable for the site based on the context of the adjacent
properties and a portion of the Comprehensive Plan. The Historic Core character area
in the Comprehensive Plan calls for this area to continue to be the hub of city offices,
greenspaces, and links to regional transportation routes. However, the future land use
designation calls for the property to be Parks/Recreation/Conservation, which
recommends passive and active recreational spaces.
5. Whether the zoning proposal will permit a use that is suitable in view of the use and
development of adjacent and nearby property;
The proposed zoning will allow for a wider range of uses for the city to consider for
any potential development in the future. There are currently no approved
development plans for this site, as City Council would have to approve any
development on the site, as the property owner.
6. Whether the zoning proposal will adversely affect the existing use or usability of
adjacent or nearby property;
There are no development plans for the site at this time so there are not any
anticipated adverse effects to the existing use or usability of adjacent or nearby
properties.
The proposed VCM zoning district does allow for community parks/recreation
(publicly owned), conservation/passive recreation areas, fire and police protective
services, buildings or lands for governmental purposes, and a mix of residential and
commercial uses.
7. Whether the property to be affected by the zoning proposal has a reasonable
economic use as currently zoned;
The property does have a reasonable economic use as currently zoned. However, the
property is not being utilized for the intended purpose of the GS (Green Space)
zoning district, as the property is fenced in and not accessible to the public.
8. Whether the zoning proposal will result in a use which will or could cause an
excessive or burdensome use of existing streets, transportation facilities, utilities,
or schools;
There are no development plans for the site at this time so there are no anticipated
burdens on existing streets, transportation facilities, utilities, nor schools.
9. Whether the zoning proposal is in conformity with the policy and intent of the
comprehensive plan and future development map;
The zoning proposal is in conformity with the Historic Core Character Area within
the Comprehensive Plan, but it does not align with the Future Land Use Map
designation as Parks/Recreation/Conservation.
STAFF RECOMMENDATION:
Staff recommends approval of the rezoning from Green Space (GS) to Village Center Mixed-
Use (VCM).
875 Main Street
LOCATION: Sheppard Road
CURRENT ZONING/USE: GC: General Commercial
PROPOSED ZONING/USE: R-2: Traditional Residential
REQUEST: City initiated rezoning from GC to R-2 at 979, 947, 963,

927, 951, and 973 Sheppard Road (Parcel IDs: 18 074 02
001, 002, 009, 023, 015, & 052).

North R-2: Traditional Residential
South R-1: Single-family Residential & GS: Green Space
(Medlock Park)
West CSX Railroad Tracks
East R-2: Traditional Residential
Comprehensive Plan:
Future Land Use Designation: Single-Family Residential
BACKGROUND:
July 15, 2024
Subject: City initiated rezoning for 6 lots along Sheppard Road
Background: The existing site consist of six (6) lots with four (4) of the lots being vacant. The
property at 979 Sheppard Road is the location of Lucky’s Convenience Store and the
neighboring property at 973 Sheppard Road has a large metal garage on the site.
The future land use map designates this site as Single-Family Residential, which best aligns with
the residential zoning districts (R-1, R-2, R-3, and R-4). The adjacent properties along Sheppard
Road are zoned Traditional Residential (R-2) and that designation appears to be the most suitable
for the area.
This request includes the following properties:
18 073 10 001 5294 Oakridge Drive Stone Mountain,

GA 30083
GA 30083
GA 30083
GA 30083
GA 30083
GA 30083
18 073 10 007 5280 Oakridge Drive Stone Mountain, GA 30083
Zoning Map
Future Land Use Map


North: There are existing single-family homes that are zoned Traditional Residential
(R-2).
South: There are existing single-family homes that are zoned Single-family Residential
(R-1) and Medlock Park zoned Green Space (GS).
East: The CSX railroad tracks lay directly to the east with Main Street on the other side
of the tracks.
West: There are existing single-family homes that are zoned Traditional Residential
(R-2).
restriction;
The current zoning has a higher property value zoned General Commercial. However,
this is not aligned with the future land use map nor the surrounding single-family
residential neighborhoods.
This proposal would create future development that is better aligned with the
surrounding single-family uses.
This proposal would create a non-conforming use at 979 and 973 Sheppard Road due
to their existing uses that are commercial in nature. The remaining four (4) lots would
be allowed to development similar to the surrounding low density single-family uses.
The commercial uses would be allowed to continue permitted operations, but no
expansion of the use would be allowed. However, they would be subject to the
nonconforming uses regulations found in Section 6-1 of the Zoning Code.
The adjacent and nearby properties are low density residential and green space
(Medlock Park) so this proposal is aligned with the surrounding development.
Single-family residential uses are not anticipated to cause any adverse effects on
adjacent or nearby properties.

The subject properties do have a reasonable economic use as currently zoned.
However, the existing zoning is not aligned with the neighborhood nor the
Comprehensive Plan.
or schools;
There are no anticipated burdens on existing streets, transportation facilities, utilities,
nor schools.
The Comprehensive Plan future land use designation for the subject properties is
Single-Family Residential, which calls for a variety of single-family housing options.
The proposal would bring all parcels into compliance with the Comprehensive Plan
and Future Land Use Map.
Staff recommends approval of the rezoning from General Commercial (GC) to Traditional
Residential (R-2).
875 Main Street
LOCATION: 675 Mountain View Drive (Parcel ID: 18 072 10 001).
CURRENT ZONING/USE: R-1: Single-Family Residential/Multi-Family

Condominiums
PROPOSED ZONING/USE: MR-1: Multi-Family Residential
REQUEST: City initiated rezoning from R-1 to MR-1 for the Garden
Walk townhomes (Parcel IDs: 18 072 10 001 – 083 and 18
072 11 001 – 052).

North R-1: Single-Family Residential – Stone Trace
Neighborhood
South Unincorporated DeKalb County – Catholic Church & R-1:
Single-Family Residential
West Unincorporated DeKalb County – Catholic Church & R-1:
Single-Family Residential
East R-1: Single-Family Residential – Stone Trace
Neighborhood
Comprehensive Plan:
Future Land Use Designation: Condominium Residential
BACKGROUND:
July 15, 2024
Subject: City initiated rezoning for the 135 lots consisting of the Garden Walk
Townhomes.
Background: The existing site consist of 135 lots that are zoned Single-Family Residential and
are being used for townhomes and HOA open space. The zoning designation does not align with
the existing use of the property as multi-family attached townhomes.
The future land use map designates this site as Condominium Residential, which best aligns with
the Multi-Family Residential (MR-1) zoning district. This proposal will better align the
properties with the zoning code and comprehensive plan.
Zoning Map
Future Land Use Map

North: Singe-Family Residential (R-1).
South: Single-Family Residential (R-1) and a Catholic Church in unincorporated
DeKalb County.
East: Single-Family Residential (R-1).
West: Single-Family Residential (R-1) and a Catholic Church in unincorporated
Dekalb County.
restriction;
The current zoning restrictions only allow for single-family residential uses. The
existing townhomes values could be diminished due to being zoned for a lesser,
incompatible use.
This proposal could increase the property values for the subject properties.
The proposed Multi-Family Residential (MR-1) zoning is the most suitable for these
properties, as it aligns with the existing use and the comprehensive plan.
The townhomes are an existing, non-conforming use within the area. No further
development is being proposed.
The townhomes are an existing, non-conforming use so there are no anticipated
adverse effects to adjacent or neighboring properties.
The subject properties do not have a reasonable economic use as currently zoned, as
the existing use is not permitted within the existing Traditional Residential (R-2)
zoning district.
or schools;
The proposed use is existing and there are no anticipated burdens on existing streets,
transportation facilities, utilities, nor schools.
The Comprehensive Plan future land use designation for the subject property is
Condominium Residential, which calls for multi-family residential development.
Staff recommends approval of the rezoning from Single-Family Residential (R-1) to Multi-
Family Residential (MR-1).
EXHIBITS:
1. List of subject properties.

18 072 10 001 675 Mountain View Drive Stone Mountain, GA 30083
18 072 10 083 600 Garden Walk Drive Stone Mountain, GA 30083

18 072 10 037 700 Garden View Drive Stone Mountain, GA 30083

875 Main Street
LOCATION: Kasteel at Stone Mountain Apartments (fka Parkwood

Apartments)
CURRENT ZONING/USE: R-1: Single-family Residential
PROPOSED ZONING/USE: MR-1: Multi-family Residential
REQUEST: City initiated rezoning from R-1 to MR-1 at 854 Sheppard

Road (Parcel ID: 18 073 01 124).

South R-1: Single-family Residential
R-100: Residential Medium Lot 100 District
(unincorporated Dekalb County)
West R-1: Single-family Residential
Comprehensive Plan:
Future Land Use Designation: Multi-Family Residential
BACKGROUND:
July 15, 2024
Subject: City initiated rezoning from R-1 to MR-1 at 854 Sheppard Road for the Kasteel at
Stone Mountain Apartments.
Background: The existing site consists of 26 apartment buildings that are zoned Single-family
Residential (R-1). The R-1 zoning designation does not align with the existing use of the property
as apartments.
The future land use map designates this site as Multi-family Residential, which best aligns with
the Multi-Family Residential (MR-1) zoning district. The MR-1 zoning district recommends
moderate- to high-density residential development, including multi-family attached dwellings.
Zoning Map:
Future Land Use Map:

North: The property is developed with multiple buildings and is used as a Masonic
Lodge that is zoned Traditional Residential (R-2).
South: Across Sheppard Road there are existing single-family homes that are zoned
Single-family Residential (R-1) and existing single-family homes that are zoned
(R-100) in unincorporated DeKalb County.
East: There are single-family and multi-family homes that are zoned Traditional
Residential (R-2).
West: There are existing single-family homes that are zoned Single-family Residential
(R-1).
restriction;
This is a city requested rezoning to eliminate nonconformity of having an
apartment complex in a single-family zoning district.
This proposal better aligns the existing use of the property with the zoning code
and Comprehensive Plan.
The proposed change in zoning will be consistent with the Comprehensive Plan
and the Future Land Use Map.
5. Whether the zoning proposal will permit a use that is suitable in view of the use
and development of adjacent and nearby property;
The use is existing and the change in zoning is proposed to make the parcel
conforming.
As the use is existing, it is not anticipated to adversely affect the existing use or
usability of adjacent or nearby property.
The subject property does have a reasonable economic use as currently zoned.
Comprehensive Plan.
or schools;
There are no anticipated burdens on existing streets, transportation facilities,
utilities, nor schools.
Multi-family Residential, which calls for attached, residential development.
The proposal would bring the parcel into compliance with the Comprehensive
Plan and Future Land Use Map.
Staff recommends approval of the rezoning from Single-family Residential (R-1) to Multi-
875 Main Street
LOCATION: Oakridge Townhomes
CURRENT ZONING/USE: R-2: Traditional Residential
REQUEST: City initiated rezoning from R-2 to MR-1 for sixteen (16)
lots containing the Oakridge Townhomes (Parcel IDs: 18
073 10 001 – 016).

South R-2: Traditional Residential
West MR-1: Multi-family Residential
East R-2: Traditional Residential & GS: Green Space
Comprehensive Plan:
Future Land Use Designation: Townhome/Duplex Residential
BACKGROUND:
July 15, 2024
Subject: City initiated rezoning for 16 lots within the Oakridge Townhome
Development.
Background: The existing site consist of 16 townhomes that are zoned Traditional Residential
(R-2). The R-2 zoning district restricts properties and structures to “predominately low density
single-family residential uses.” This zoning designation does not align with the existing use of
the property as townhomes.
The future land use map designates this site as Townhomes/Duplex Residential, which best
aligns with the Multi-Family Residential (MR-1) zoning district. The MR-1 zoning districts
recommends moderate- to high-density residential development, including multi-family attached
dwellings.

Zoning Map
Future Land Use Map


North: There are existing single-family homes that are zoned Traditional Residential
(R-2).
South: There are existing single-family homes that are zoned Traditional Residential
(R-2).
East: There are existing single-family homes that are zoned Traditional Residential (R-
2).
West: There are existing single-family homes that are zoned Traditional Residential
(R-2).
restriction;
The current zoning restrictions only allow for single-family residential uses. The
existing townhomes values could be diminished due to being zoned for a lesser,
incompatible use.
This proposal could increase the property values of the subject property.
The townhomes are an existing, non-conforming use within the area. No further
development is being proposed.
The townhomes are an existing, non-conforming use so there are no anticipated
adverse effects to adjacent or neighboring properties.
The subject properties do not have a reasonable economic use as currently zoned, as
the existing use is not permitted within the existing Traditional Residential (R-2)
zoning district.
or schools;
The proposed use is existing and there are no anticipated burdens on existing streets,
transportation facilities, utilities, nor schools.
Townhome/Duplex Residential, which calls for attached, residential development.
Staff recommends approval of the rezoning from Traditional Residential (R-2) to Multi-
875 Main Street
LOCATION: Colonial Park Apartments / Sexton Condominiums
REQUEST: City initiated rezoning from R-2 to MR-1 at 968, 980,

1000, 1010, and 1012 Sexton Drive (Parcel IDs: 18 090 07
026, 019, & 033-043).

South MR-1: Multi-family Residential; GS: Green Space
West MR-1: Multi-family Residential
East GS: Green Space
Comprehensive Plan:
Future Land Use Designation: Townhome/Duplex Residential
BACKGROUND:
July 15, 2024
From: Elizabeth Mitchem, Planner
Subject: City initiated rezoning for 13 lots, 2 within the Colonial Park Apartments
and 11 within the Sexton Condominium Development.
Background: The existing site consist of several apartment / condominium residences that are
zoned Traditional Residential (R-2). The R-2 zoning district restricts properties and structures to
“predominately low density single-family residential uses.” This zoning designation does not
align with the existing use of the property as townhomes.
The future land use map designates this site as Condominium Residential, which best aligns with
the Multi-Family Residential (MR-1) zoning district. The MR-1 zoning districts recommends
moderate- to high-density residential development, including multi-family attached dwellings.

Parcel ID Address
18 090 07 026 968 Sexton Drive Stone Mountain, GA 30083
18 090 07 034 1012 Sexton Drive Unit 1 Stone Mountain, GA 30083
Zoning Map:
1. The existing uses and zoning of nearby property:

North: There are existing single-family and townhomes that are zoned Traditional
Residential (R-2).
South: There are existing multi-family homes, the Southern Oaks apartment complex
zoned multi-family (MR-1) and McCurdy Park and a portion of the PATH trail,
zoned as Green Space (GS).
East: McCurdy Park and a portion of the PATH trail which are zoned as Green Space
(GS).
West: There are existing multi-family homes, the Willow Lake Apartment Homes that
are zoned Multi-Family Residential (MR-1).
restriction;
The new zoning permits a higher use of land, which matches better to the existing use
of the properties.
The proposed zoning better aligns with the existing use of the properties as well as
the zoning code and intent of the comprehensive plan.
The proposed zoning better matches existing uses within the surrounding area: single-
family, duplex, multi-family, and green space developments.
Use and usability will not be impacted.
The use will not change as a result of the rezoning, so economic use should not be
impacted.
or schools;
There are no anticipated burdens on existing infrastructure.
Condominium Residential, which includes a call for multi-family and attached,
residential development.
Staff recommends approval of the rezoning from Traditional Residential (R-2) to Multi-
875 Main Street
LOCATION: Chinquapin Way
REQUEST: City initiated rezoning from GC to R-2 for 710, 692, 708,
682, 698, and 668 Chinquapin Way (Parcel IDs: 18 074 02
008, 014, 018, 029, 031, & 007).

North GS: Green Space (Medlock Park)
South Unincorporated DeKalb County – Single-Family
Residential (R-100)
East GS: Green Space (Medlock Park)
Comprehensive Plan:
BACKGROUND:
July 15, 2024
Subject: City initiated rezoning for 6 lots along Chinquapin Way.
Background: The existing site consist of six (6) lots that are zoned General Commercial (GC)
and are being used for single-family residential homes. The zoning designation does not align
with the existing use of the property as single-family homes.
the residential zoning districts (R-1, R-2, R-3, and R-4. The adjacent properties in
unincorporated DeKalb County are zoned R-100, which is very similar to the city’s Traditional
Residential (R-2) zoning district.
18 073 10 001 5294 Oakridge

Drive Stone
Mountain, GA
30083
18 073 10 002 5292 Oakridge
Drive Stone
Mountain, GA
30083
18 073 10 003 5290 Oakridge
Drive Stone
Mountain, GA
30083
18 073 10 004 5288 Oakridge
Drive Stone
Mountain, GA
30083
18 073 10 005 5284 Oakridge
Drive Stone
Mountain, GA
30083
18 073 10 006 5282 Oakridge
Drive Stone
Mountain, GA
30083
Zoning Map
Future Land Use Map

North: Medlock Park zoned Green Space (GS).
South: There are existing single-family homes that are zoned in unincorporated
DeKalb County (R-100)
East: CSX Railroad Tracks with Main Street on the other side of the tracks.
West: Medlock Park zoned Green Space (GS).
restriction;
The current zoning has a higher property value zoned as General Commercial.
However, this is not aligned with the future land use map nor the current use of the
properties. This zoning change could reduce property taxes for the owners.
This proposal better aligns the existing use of the properties with the zoning code and
comprehensive plan.
This proposal would create four (4) nonconforming lots due to the 15,000 square foot
minimum lot size being greater than the existing lot sizes. The R-2 zoning district has
similar setback requirements that all lots appear to meet, which would allow for
future expansion within the R-2 code requirements. Being that these are existing lots,
staff does not anticipate any issues with the nonconforming lot size.
The adjacent and nearby properties are low density residential and green space
(Medlock Park) so this proposal is aligned with the surrounding development.
Comprehensive Plan.
or schools;
nor schools.
Residential (R-2).
875 Main Street
LOCATION: 5302 Poplar Springs Road (18 089 01 001)

1047 Ridge Avenue (18 089 02 001)
1041 Ridge Avenue (18 089 02 002)
1037 Ridge Avenue (18 089 02 003)
1031 Ridge Avenue (18 089 02 004)
CURRENT ZONING/USE: VCM: Village Center Mixed-Use
REQUEST: City initiated rezoning from VCM to R-2 at 5302 Poplar

Springs Road, 1047 Ridge Avenue, 1041 Ridge Avenue,
1037 Ridge Avenue, and 1031 Ridge Avenue (Parcel IDs:
18 089 02 001 and 18 089 02 001, 002, 003, & 004).

North R-2: Traditional Residential & GC: General Commercial
South OPI: Office/Professional/Institutional
East CSX Railroad Tracks
Comprehensive Plan:
BACKGROUND:
July 15, 2024
Subject: City initiated rezoning for 5302 Poplar Springs Road, 1047 Ridge Avenue,
1041 Ridge Avenue, 1037 Ridge Avenue, and 1031 Ridge Avenue.
Background: The existing site consist of five (5) lots that are zoned Village Center Mixed-Use
(VCM) and are being used for single-family residential homes. The zoning designation does not
align with the existing use of the property as single-family homes.
the residential zoning districts (R-1, R-2, R-3, and R-4. The adjacent residential properties are
zoned Traditional Residential (R-2), which appears to be the most suitable zoning for the subject
properties too.
Zoning Map
Future Land Use Map

North: CSX Railroad Tracks
South: OPI: Office/Professional/Institutional – Stone Mountain First United Methodist
Church
East: CSX Railroad Tracks
West: R-2: Single-Family Residential
restriction;
The current zoning has a higher property value zoned as VCM. However, this is not
aligned with the future land use map nor the current use of the properties. This zoning
change could reduce the property taxes for the owners.
comprehensive plan.
This proposal would create four (4) nonconforming lots due to the 15,000 square foot
minimum lot size being greater than the existing lot sizes. The R-2 zoning district has
similar setback requirements that all lots appear to meet, which would allow for
future expansion within the R-2 code requirements. Being that these are existing lots,
staff does not anticipate any issues with the nonconforming lot size.
The adjacent and nearby properties are low density residential homes zoned R-2 with
a church to the south. The R-2 zoning proposal appears to be consistent with the
adjacent and nearby development patterns.
Comprehensive Plan.
or schools;
nor schools.
Staff recommends approval of the rezoning from Village Center Mixed-Use (VCM) to
Traditional Residential (R-2).
875 Main Street
LOCATION: 1095 Forrest Avenue (18 090 01 002)

1103 Forrest Avenue (18 090 01 001)
1106 Ridge Avenue (18 090 01 006)
REQUEST: City initiated rezoning from GC to R-2 at 1095 Forrest

Avenue, 1103 Forrest Avenue, and 1106 Ridge Avenue
(Parcel IDs: 18 090 01 002, 18 090 01 001, and 18 090 01
006).

South GC: General Commercial
East CSX Railroad Tracks
Comprehensive Plan:
BACKGROUND:
July 15, 2024
Subject: City initiated rezoning for 1095 Forrest Avenue, 1103 Forrest Avenue, and
1106 Ridge Avenue.
Background: The existing site consist of three (3) lots that are zoned General Commercial (GC)
and are being used for single-family residential homes. The zoning designation does not align
with the existing use of the property as single-family homes.
the residential zoning districts (R-1, R-2, R-3, and R-4. The adjacent residential properties are
zoned Traditional Residential (R-2), which appears to be the most suitable zoning for the subject
properties too.
Zoning Map
Future Land Use Map

North: R-2: Single-Family Residential
South: GC: General Commercial
East: CSX Railroad Tracks
West: R-2: Single-Family Residential
restriction;
The current zoning has a higher property value zoned as VCM. However, this is not
aligned with the future land use map nor the current use of the properties. This zoning
change could reduce the property taxes for the owners.
comprehensive plan.
This proposal would create three (3) nonconforming lots due to the 15,000 square
foot minimum lot size being greater than the existing lot sizes. The R-2 zoning
district has similar setback requirements that all lots appear to meet, which would
allow for future expansion within the R-2 code requirements. Being that these are
existing lots, staff does not anticipate any issues with the nonconforming lot size.
The adjacent and nearby properties are low density residential homes zoned R-2 with
a church to the south. The R-2 zoning proposal appears to be consistent with the
adjacent and nearby development patterns.
Comprehensive Plan.
or schools;
nor schools.
Residential (R-2).
875 Main Street
LOCATION: 811 3rd Street
CURRENT ZONING/USE: R-4: Shermantown Residential
PROPOSED ZONING/USE: OPI: Office/Professional/Institutional
REQUEST: City initiated rezoning from R-4 to OPI at 811 3rd Street
(Parcel ID: 18 074 14 002).

North R-4: Shermantown Residential
South R-4: Shermantown Residential
West R-4: Shermantown Residential
East R-4: Shermantown Residential
COMPREHENSIVE PLAN:
Future Land Use Designation: Public/Institutional
RECOMMENDATION:
Approval
BACKGROUND:
July 15, 2024
Subject: Rezone from R-4 to OPI to bring an existing church into alignment with the Stone
Mountain Zoning Ordinance at 811 3rd Street.
Background: The subject site consists of a church, St. Paul AME, on one (1) lot zoned
Shermantown Residential (R-4). The R-4 zoning district promotes primarily single-family
residential development, with secondary support for mixed-use buildings, and encourages
pedestrian-scale infill development. This zoning designation does not align with the existing use
of the property as a church.
The future land use map designates this site within the Public/Institutional area, intended primarily
for use by government and private institutions. The Office/Professional/Institutional (OPI) zoning
district is more congruent with the current land use and the future land use map. This zoning district
is intended for institutional uses that complement the community.
Zoning Map:

North: There is a single-family residence and vacant land zoned Shermantown
Residential (R-4).
South: There are single-family residences zoned Shermantown Residential (R-4).
East: There are single-family residences zoned Shermantown Residential (R-4).
West: There are single-family residences and vacant land zoned Shermantown
Residential (R-4).
restriction;
Staff are unable to determine the impact of the current or proposed zoning on
property values.
This proposal better aligns the existing use of the property with the zoning
ordinance and comprehensive plan.
Staff believe this property is most suitable for the zoning proposal, resulting in
this request.
The use of the subject property will remain that of a church, which is suitable with
the surrounding residential neighborhood.
Staff does not anticipate any adverse effects on nearby properties as a result of
this rezoning request.
The subject properties has reasonable economic use as currently zoned. However,
the current zoning designation is not aligned with the current land use nor the
Comprehensive Plan.
or schools;
utilities, or schools.
Public/Institutional, which commands land be used for public and private
institutions.
The rezoning proposal would bring this site into compliance with the
Comprehensive Plan and future land use map.
Staff recommends approval of the rezoning from Shermantown Residential (R-4) to

Office/Professional/Institutional (OPI).
875 Main Street
LOCATION: 853 4th Street
REQUEST: City initiated rezoning from R-4 to OPI at 853 4th Street
(Parcel ID: 18 074 07 004).

North R-4: Shermantown Residential
South R-4: Shermantown Residential
West R-4: Shermantown Residential
East R-4: Shermantown Residential
COMPREHENSIVE PLAN:
RECOMMENDATION:
Approval
BACKGROUND:
July 15, 2024
Mountain Zoning Ordinance at 853 4th Street.
Background: The subject site consists of a church, Historic Bethsaida Baptist, on one (1) lot
zoned Shermantown Residential (R-4). The R-4 zoning district promotes primarily single-family
residential development, with secondary support for mixed-use buildings, and encourages
pedestrian-scale infill development. This zoning designation does not align with the existing use
of the property as a church.
Zoning Map:

North: There is a single-family residence and vacant land zoned Shermantown
Residential (R-4).
South: There are single-family residences zoned Shermantown Residential (R-4).
East: There are single-family residences zoned Shermantown Residential (R-4).
West: There are single-family residences and vacant land zoned Shermantown
Residential (R-4).
restriction;
property values.
this request.
Comprehensive Plan.
or schools;
institutions.
Staff recommends approval of the rezoning from Shermantown Residential (R-4) to

875 Main Street
LOCATION: 917 Ridge Avenue and 925 Ridge Avenue
REQUEST: City initiated rezoning from R-2 to OPI at 917 and 925
Ridge Avenue (18 089 05 005 & 18 089 05 004).

North OPI: Office/Professional/Institutional
South R-2: Traditional Residential
West OPI: Office/Professional/Institutional
COMPREHENSIVE PLAN:
Future Land Use Designations: Commercial, Public/Institutional
RECOMMENDATION:
Approval
BACKGROUND:
July 15, 2024
Mountain Zoning Ordinance at 917 and 925 Ridge Avenue.
Background: The subject site consists of a church, Stone Mountain Baptist Church, on two (2)
lots zoned Traditional Residential (R-2). The R-2 zoning district “restricts properties and structures
to “predominately low density single-family residential uses.” This zoning designation does not
align with the existing use of the property as a church.
The future land use map designates this site within the Commercial and Public/Institutional
character areas. The Commercial area is intended for non-industrial commercial enterprises, and
the Public/Institutional area exists to host government and private institutions. The
Office/Professional/Institutional (OPI) zoning district is more congruent with the current land use
and the future land use map. This zoning district is intended for institutional uses that complement
the community.
Zoning Map:

North: There is an overflow parking lot and church building zoned
South: There is a two-family residence zoned Traditional Residential (R-2).
East: There are single-family residences zoned Traditional Residential (R-2).
West: There is Champion Middle School, zoned Office/Professional/Institutional
(OPI).
restriction;
property values.
This proposal better aligns the existing use of the properties with the zoning code
and comprehensive plan.
this request.
Staff do not anticipate any adverse effects on nearby properties as a result of this
rezoning request.
The subject properties have reasonable economic use as currently zoned.
However, the current zoning designation is not aligned with the current land use
nor the Comprehensive Plan.
or schools;
The Comprehensive Plan future land use designations for the subject property are
Commercial and Public/Institutional, which command non-industrial commercial
and institutional development, respectively.
Staff recommends approval of the rezoning from Traditional Residential (R-2) to

875 Main Street
LOCATION: 5313 Poplar Springs Road (Parcel ID: 18 089 02 020)
REQUEST: City initiated rezoning from VCM to OPI at 5313 Poplar

Springs Road (Parcel ID: 18 089 02 020).

North VCM: Village Center Mixed-Use (rezoning proposed)
South OPI: Office/Professional/Institutional
East VCM: Village Center Mixed-Use (rezoning proposed)
COMPREHENSIVE PLAN:
RECOMMENDATION:
Approval
BACKGROUND:
July 15, 2024
Subject: Rezone from VCM to OPI to bring an existing church property into alignment with
the Stone Mountain Zoning Ordinance at 5313 Poplar Springs Road.
Background: The subject site consists of a parking lot for Stone Mountain First United Methodist
Church zoned Village Center Mixed-Use (VCM). This zoning designation does not align with the
existing use of the property as a church property.
Zoning Map:

North: There is a single-family residence zoned Village Center Mixed-Use (VCM).
South: This is the church property that is zoned Office/Professional/Institutional (OPI).
East: This is the CSX Railroad Tracks.
West: There are single-family residences zoned Village Center Mixed-Use (VCM).
restriction;
property values.
this request.
Comprehensive Plan.
or schools;
institutions.
Staff recommends approval of the rezoning from Village Center Mixed-Use (VCM) to

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City of Stone Mountain Planning Commission Meeting

July 15, 2024

1. Proposed Text Amendments to Article 3 and 5 of Appendix A – Zoning to create

2. Proposed Text Amendments to Article 3, 5, 16, and 17 of Appendix A – Zoning and

• Motion and Vote

● Public Comments (on any topic – 3 minutes each)

STAFF ANALYSIS AND REPORT

To: City of Stone Mountain Planning Commission

From: Richard Edwards, AICP

Subject: Proposed Text Amendments to Article 3 and 5 of Appendix A – Zoning to create

Date: July 15, 2024

The following definitions are being proposed:

SUP = Special Use permit P = Permitted

c. The measurement of distance for the purposes of this subsection shall be

d. No use or establishment can exceed 2,000 square feet and drive-through/drive-up

1. Redlines of Article III and V of Appendix A – Zoning

ARTICLE III: DEFINITION OF TERMS USED IN THE ORDINANCE

Stone Mountain, Georgia, Code of Ordinances Created: 2022-07-13 09:10:29 [EST]

(Supp. No. 45)

Stone Mountain, Georgia, Code of Ordinances Created: 2022-07-13 09:10:29 [EST]

(Supp. No. 45)

Stone Mountain, Georgia, Code of Ordinances Created: 2022-07-13 09:10:29 [EST]

(Supp. No. 45)

Section 5-5. Village center mixed-use (VCM) district.

Created: 2022-07-13 09:10:29 [EST]

(Supp. No. 45)

Created: 2022-07-13 09:10:29 [EST]

(Supp. No. 45)

Section 5-7. General commercial (GC) district.

Created: 2022-07-13 09:10:29 [EST]

(Supp. No. 45)

Created: 2022-07-13 09:10:29 [EST]

(Supp. No. 45)

Created: 2022-07-13 09:10:29 [EST]

(Supp. No. 45)

Section 5-9. Industrial (I) district.

Created: 2022-07-13 09:10:29 [EST]

(Supp. No. 45)

Created: 2022-07-13 09:10:30 [EST]

(Supp. No. 45)

Created: 2022-07-13 09:10:30 [EST]

(Supp. No. 45)

STAFF ANALYSIS AND REPORT

To: City of Stone Mountain Planning Commission

From: Richard Edwards, AICP

Subject: Proposed Text Amendments to Article 3, 5, 16, and 17 of Appendix A – Zoning

Date: July 15, 2024

Hotel/Motel: An establishment providing, for a fee, sleeping accommodations and

SUP = Special Use permit P = Permitted

• Property owner information

• 1st violation is a fine not to exceed $250.00

1. Redlines of Article III and V of Appendix A – Zoning.

ARTICLE III: DEFINITION OF TERMS USED IN THE ORDINANCE

Stone Mountain, Georgia, Code of Ordinances Created: 2023-07-25 11:39:05 [EST]

(Supp. No. 45)

Stone Mountain, Georgia, Code of Ordinances Created: 2023-07-25 11:39:05 [EST]

(Supp. No. 45)

ARTICLE V: DISTRICT REGULATIONS

Section 5-1. Single-family residential (R-1) district.

Stone Mountain, Georgia, Code of Ordinances Created: 2023-07-25 11:39:05 [EST]