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City of South Fulton, Georgia 5440 Fulton Industrial Blvd.
South Fulton, GA 30336
Phone: 470-552-4311
Agenda
cityofsouthfultonga.gov
Alcohol License and Zoning Public
Hearings Special Meeting
The Honorable Carmalitha Gumbs, Mayor
The Honorable Catherine F. Rowell, District 1
The Honorable Aaron V. Johnson, District 2
(VACANT), District 3
The Honorable Jaceey Sebastian, District 4
The Honorable Keosha B. Bell, District 5
The Honorable Natasha Williams-Brown, District 6
The Honorable Linda B. Pritchett, District 7
Wednesday, April 15, 2026 5:00 PM City Hall
SOUTH FULTON CITY COUNCIL MISSION STATEMENT:
To provide exceptional customer service that sustains a safe, inclusive, innovative, and an economically vibrant city.
Live-stream: Public Meeting Portal (Civic Clerk):
https://southfultonga.portal.civicclerk.com
Public Comment: https://www.cityofsouthfultonga.gov/3074/Public-Comment-at-Council-
Meetings
I. Meeting Called to Order - Mayor Carmalitha Gumbs
II. Roll Call - City Clerk Corey Adams
III. Zoning Cases for Deferral
A. Case Z26-007 (Public Hearing): An application by Dorothy Crowley requesting a rezoning
from R-3 (SingleFamily Dwelling District/ Sandtown Overlay District) with conditions to R-3
(Single-Family Dwelling District/ Sandtown Overlay District) to develop 18 single-family
units on 13.82 acres at 2210 & 0 Wallace Road Rear (Parcel ID: 14F0105 LL0042 &
14F0094 LL0441). City Council District: 1.
Staff Recommendation: Approval with Conditions
Planning Commission: Deferral
Deferral to the April 28, 2026 Zoning Public Hearing
B. Case Z26-002 (Public Hearing): An application by Mike Lee c/o We Partner Group, LLC.
requests a rezoning from AG-1 (Agricultural District) to CUP (Community Unit Plan
District) to develop 35 single-family homes on 15 acres at 4700 Welcome All Road (Parcel
ID: 09F360001530024). City Council District: 3.
Staff Recommendation: Denial
Planning Commission Recommendation: Approval Conditional
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Deferral to the July 14, 2026 Zoning Public Hearing
IV. Alcohol Licenses, Rezonings, Variance and Modification Cases (For Presentation and
Public Hearing Only)
A. Case U26-004 (Public Hearing): An application by Hai T Nguyen c/o John Dang
requesting a Special Use permit to change ownership of an existing nail salon in the MIX
(Mixed Use District/Cliftondale Overlay District) at 3220 Butner Road, Suite 136 (Parcel
ID: 14F0073 LL0800). City Council District: 2
Staff Recommendation: Approval Conditional
Planning Commission Recommendation: Approval Conditional
B. Case Z26-005/ CDP26-002 (Public Hearing): An application by Delores A. & Robert A
West c/o Dani Blumenthal, Gaskins + LeCraw requesting a rezoning from AG-1
(Agricultural/ Old National Highway Overlay District) to CUP (Community Unit Plan/ Old
National Highway Overlay District) with a future land use amendment from Suburban II
Neighborhood to Suburban I Neighborhood to develop a single-family residential
community with 41 detaches homes on 13.83 acres at 3665 & 0 Jonesboro Road (Parcel
ID: 09F130000595413, 09F130000591065 & 09F130000591800). City Council District: 5.
Staff Recommendation:
Z26-005 - Denial
CDP26-002 - Denial
Planning Commission Recommendation
Z26-005 - Denial
CDP26-002 - Denial
C. Case T26-002 (Public Hearing): An ordinance to amend the City of South Fulton Zoning
Ordinance for the purpose of amending regulations related to home-based businesses;
and for other lawful purposes.
Staff Recommendation: Approval
Planning Commission Recommendation: Approval with conditions
V. Proclamation Presentations
A. Proclamation Honoring Ms. Joan J. Robinson (Mayor Pro Tem Bell)
VI. Executive Session, if necessary
VII. Adjournment of Meeting
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OFFICE OF THE
CITY MANAGER
SHARON D. SUBADAN, ICMA-CM, MPS, CPM
CITY MANAGER
COMMUNITY
HONORABLE MAYOR
DEVELOPMENT&
& CITY COUNCIL
REGULATORY AFFAIRS
CARMALITHA GUMBS Reginald McClendon, J.D., AICP, CPM
MAYOR Managing Director
DR. CATHERINE F. ROWELL
DISTRICT 1 TO: South Fulton Mayor & City Council
AARON JOHNSON
DISTRICT 2
FROM: Department of Community Development & Regulatory Affairs
HELEN ZENOBIA WILLIS Planning & Zoning Division
DISTRICT 3
JACEEY SEBASTIAN
SUBJECT: Z26-007: 2210 Wallace Road & Wallace Road Rear
DISTRICT 4
KEOSHA B. BELL
MEETING DATE: April 15, 2026
DISTRICT 5
NATASHA WILLIAMS-BROWN
DISTRICT 6
Dorothy Crowley requesting a rezoning from R-3 (Single-Family Dwelling
LINDA BECQUER PRITCHETT
DISTRICT 7 District/Sandtown Overlay District) with conditions and R-3 (Single-Family Dwelling
District/Sandtown Overlay District) to R-3 (Single-Family Dwelling District/Sandtown
Overlay District) to develop 18 single-family units on 13.82 acres at 2210 & 0 Wallace
Road Rear (Parcel ID: 14F0105 LL0042 & 14F0094 LL0441).
City Council District: 1.
STAFF RECOMMENDATION: APPROVAL WITH CONDITIONS
PLANNING COMMISSION RECOMMENDATION: DEFERRAL UNTIL
APRIL 22, 2026 PLANNING COMMISSION MEETING
WWW.CITYOFSOUTHFULTONGA.GOV
CITY OF SOUTH FULTON
5440 FULTON INDUSTRIAL BLVD, SOUTH FULTON, GA 30336
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APPLICATION INFORMATION
Applicant Information: Dorothy Crowley
Status of Applicant: Applicant
City Council District: 1
Parcel ID Numbers: 14F0105 LL0042 & 14F0094 LL0441
Area of Property: 13.82 acres
Existing Zoning: R-3 (Single-Family Dwelling District/Sandtown Overlay
District) with conditions
Current/Past Use of the Property: Vacant
Prior Zoning Cases/History: Z22-007, 1969Z-0035
SPECIFIC INFORMATION
REQUEST
The applicant is requesting to rezone to R-3 (Single-Family Dwelling District/Sandtown Overlay District)
without conditions to allow for a proposed subdivision of 18 homes.
BACKGROUND
The majority of this property, parcel #14F0105 LL0042, was rezoned from AG-1 (Agricultural/Sandtown
Overlay District) to R-3 (Single-Family Dwelling District/Sandtown Overlay District) with conditions on
January 24, 2023. The conditions are as follows:
1. The use of the subject property shall be restricted to no more than 12 single-family dwellings.
2. The site plan shall be in general conformity with the conceptual site plan included in the staff report.
3. All dwellings shall have a minimum two-car garage.
4. A Homeowner Association shall be established for the proposed development for the purpose of
providing sustainable maintenance of common areas and covenants regulating sustainable uses and
structures with no age restriction on seniors. No deed restrictions.
5. The proposed walking trail materials shall include either mulch, wood chips, crushed stone, or
recyclable materials.
6. Construct a deceleration lane on Wallace Road into the site.
7. Provide curb and gutter and a 5’ sidewalk along the entire frontage of Wallace Road.
8. The private street shall be constructed to City of South Fulton public street standards.
9. Along the frontage of Wallace Road, there shall be a minimum 25-foot-wide natural undisturbed
buffer with a ten-foot improvement setback with decorative privacy fencing.
10. A geotechnical study shall be completed before land disturbance.
Under the current proposal, the applicant is proposing to extend the subdivision by adding an adjacent, two-
acre parcel, parcel number 14F0094 LL0441 to the existing parcel number 14F0094 LL0441 and proposing a
total of 18 lots.
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PROPERTY LOCATION
The property consists of 13.82 total acres located on the northeastern side of Wallace Road, being in Land Lot
105 of the 14th District in the City of South Fulton, Fulton County, Georgia and City Council District 1.
2021 COMPREHENSIVE PLAN LAND USE DESIGNATION
The subject property has a future land use designation of Suburban Neighborhood I as designated in the 2021
South Fulton Comprehensive Plan, which does support the proposed zoning classification and use.
ADJACENT ZONING AND LAND USES
North: R-3 (Single-Family Dwelling District/Sandtown Overlay District), AG-1 (Agricultural
District/Sandtown Overlay District)/single-family residential, Sandtown Middle School)
South: AG-1 (Agricultural District/Sandtown Overlay District)/ single-family residential
East: R-3 (Single-Family Dwelling District/Sandtown Overlay District)/single-family residential
West: CUP (Community Unit Plan/Sandtown Overlay District)/single-family residential
COMMUNITY AND PROPERTY OWNERS’ NOTIFICATION/COMMENTS
Per the requirements of Section 803.05, a Community Zoning Information Meeting was held on February 2,
2026, at 6:00pm. The applicants presented their rezoning plan to attendees.
Staff placed the required notice of public hearing in the South Fulton Neighbor on February 25, 2026, to
notify the public that Case Z26-007 would be heard at the Planning Commission Meeting on March 18, 2026,
and at the City Council Public Hearing on April 14, 2026.
The applicant placed a notification sign in front of the subject property on February 25, 2026, to notify the
surrounding community of the aforementioned hearing dates.
The Applicant was given the addresses within one mile of the subject property for the purposes of hosting
their own community meeting.
APPLICABLE CODE REQUIREMENTS
Table 4-1 Area Regulations for Lots and Principal Buildings
Sec. 512. Sandtown Overlay District
Standard of review for proposed rezoning (City Code, Appendix C, Sec. 803.06):
1) The suitability of the subject property for the zoned purposes;
The proposed zoning district and use is supported by the Future Land Use Map.
2) The extent to which the property values of the subject property are diminished by the particular
zoning restrictions;
The current zoning does not diminish the unimproved property value.
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3) The extent to which the destruction of property values of the subject property promotes the health,
safety, morals or general welfare of the public;
The current zoning of R-3 (Single-Family Dwelling District/Sandtown Overlay District) with conditions does
not diminish the unimproved property value.
4) The relative gain to the public as compared to the hardship imposed upon the individual property
owner;
The Suburban I Character Area provides a wide diversity of housing types and affordability in the City of South
Fulton while preserving the surrounding natural, agricultural, and rural areas. Staff does not anticipate any
hardship to the property owner.
5) The length of time the property has been vacant as zoned considered in the context of land development
in the area in the vicinity of the property;
The property was rezoned from AG-1(Agricultural/Sandtown Overlay District) to R-3 (Single-Family Dwelling
District/Sandtown Overlay District) on January 24, 2023. While the property remains undeveloped in relation
to the surrounding properties, this is not a result of the zoning designation which currently allows for single-
development.
6) Whether the zoning proposal will permit a use that is suitable in view of the use and development of
adjacent and nearby property;
The proposal to develop a small subdivision is suitable in view of the use and adjacent and nearby property.
This property borders single-family developments and vacant land.
7) Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby
property;
The proposal would not adversely affect the existing use or usability of adjacent or nearby property. The
proposal is for a small residential subdivision, so it is compatible with surrounding uses.
8) Whether the property to be affected by the zoning proposal has a reasonable economic use as
currently zoned;
The property does have reasonable economic use as currently zoned.
9) Whether the zoning proposal will result in a use which will or could cause an excessive burdensome
use of existing streets, transportation facilities, utilities, or schools;
The zoning proposal should not result in a use that will cause an excessive burden to existing infrastructure.
10) Whether the zoning proposal is in conformity with the policies and intent of the Comprehensive
Plan;
The zoning proposal is in conformity with the comprehensive plan. The property is located in the Suburban I
character area, which supports the development of this property as a single-family residential subdivision.
11) Whether there are other existing or changing conditions affecting the use and development of the
property which give supporting grounds for either approval or disapproval of the zoning proposal;
No other conditions are known to Staff at this time that would affect the use and development of the property.
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12) Whether the zoning proposal will permit a use which can be considered environmentally adverse to
the natural resources, environment and citizens of South Fulton.
This zoning proposal should not permit a use that is environmentally adverse.
PUBLIC PARTICIPATION
The applicant hosted two hybrid public participation meeting on March 2, 2026 at 6:00 p.m. and a
subsequent meeting on March 3, 2026 at 6:00 pm, both at the Wolf Creek Library located at 3100
Enon Road. Property owners were notified by mailers posted first by the applicant and, when it was
realized that the virtual link for the public hearing was not on the mailer and the incorrect meeting
location was on the mailer, the city posted its own mailers via All Doors Direct.
85 attendees came out at the March 2nd meeting and 25 attendees came out on the March 3rd meeting.
Attendees at both meetings expressed concerns about potential traffic impacts and that the original
subdivision layout was limited to 12 homes. Some attendees also expressed concerns about the price
of the homes. Some attendees supported the development modifications. Other attendees were
against the developer altogether according to the Public Participation Plan Report. The applicant
expressed that both land parcels are zoned R-3 and will site all proposed 18 homes on ½ acre lots.
The applicant turned in the recording of the meeting, a requirement of the public participation plan
regulations. All requirements of the public participation plan have been met.
STAFF RECOMMENDATION
The applicant is proposing to rezone from R-3 (Single-Family Dwelling District/Sandtown Overlay
District) with conditions to R-3 without conditions for the purpose of developing an 18-lot
residential subdivision The proposed zoning category is supported by the future land use character
area of Suburban Neighborhood in the City of South Fulton’s 2021 Comprehensive Plan. The future
land use designation of the property is Suburban Neighborhood I.
The purpose of the Suburban Neighborhood Character Area is to provide a wide diversity of housing
types and affordability in the City of South Fulton while preserving the surrounding natural,
agricultural, and rural areas. The area is further subdivided into two levels, Suburban I and Suburban
II, which represent a transitional density from the less intense uses near rural areas to the more
intensive suburban uses that are older and have a higher density.
The purpose and intent of the Sandtown Overlay District is as follows:
(a) The City Council of South Fulton, Georgia hereby declares it to be the purpose and intent of
the Sandtown Overlay District (District) to establish a uniform procedure for providing for
the protection, enhancement, preservation, unity of design, and use of places, sites, buildings,
structures, streets, neighborhoods, and landscape features in the Sandtown District in
accordance with the provisions herein.
(b) The Sandtown Overlay District is adopted as part of a strategy designed to promote the
health, safety, order, prosperity, and general welfare of the citizens of South Fulton through
the regulation of design, aesthetics, location, bulk, size of buildings and structures, and the
density and distribution of population.
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(c) This District also seeks to reduce congestion on the streets; to provide safety from fire, flood
and other dangers; provide adequate light and open space; protect the natural environment
and address other public requirements, in order to provide sustainable development that
involves the simultaneous pursuit of economic prosperity, environmental protection and
social quality.
(d) This District also seeks, among other things, to promote accepted design principles in areas
of new development and redevelopment, to raise the level of community understanding and
expectation for quality in the built environment, to protect and enhance local aesthetic and
functional qualities, and to stimulate business and promote economic development.
(e) In consideration of the character of the Sandtown District, the regulations in this Section 512
are intended to monitor the suitability for certain uses, construction and design, prevent
functional and visual disunity, promote desirable conditions for community and commerce
and protect property against blight and depreciation.
The site plan submitted meets the intent of the Sandtown Overlay District, as a 25-foot-wide natural
undisturbed buffer with a ten-foot improvement setback is provided abutting Wallace Road.
Additionally, a 25’ undisturbed buffer along the remaining perimeter of the development is
proposed.
Staff recommends APPROVAL WITH CONDITIONS based on these factors. The proposed
conditions are as follows:
1. The use of the subject property shall be restricted to no more than 18 single-family
dwellings.
2. The site plan shall be in general conformity with the conceptual site plan included in the
staff report.
3. All dwellings shall have a minimum two-car garage.
4. A Homeowners Association shall be established for the proposed development for the
purpose of providing sustainable maintenance of common areas and covenants
regulating sustainable uses and structures with no age restrictions to seniors. No deed
restrictions.
5. Construct a deceleration lane on Wallace Road into the site.
6. Provide curb and gutter and a 5’ sidewalk along the entire frontage of Wallace Road.
7. The street shall be constructed to City of South Fulton public street standards.
8. Along the frontage of Wallace Road, there shall be a minimum 25-foot-wide natural
undisturbed buffer with a ten-foot improvement setback.
9. Provide staggered front-yard setbacks of a minimum of five feet.
PREPARED BY: Karen Tominey, Senior Planner
REVIEWED BY: Reginald McClendon, Director, CDRA
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OFFICE OF THE
CITY MANAGER
SHARON D. SU BADAN, ICMA-CM, MPS, CPM
CITY MANAGER
COMMUNITY
HONORABLE MAYOR DEVELOPMENT&
& CITY C OUNCIL
REGULATORY AFFAIRS
TO: South Fulton Mayor & City Council
CARMALITHA GUMBS Reginald McClendon, J.D., AICP, CPM
MAYOR Managing Director
DR. CATHERINE F. ROWELL FROM: Department of Community Development
DISTRICT 1 and Regulatory Affairs
AARON JOHNSON Planning & Zoning Division
DISTRICT 2
HELEN ZENOBIA WILLIS SUBJECT: Z26-002: 4700 Welcome All Road
DISTRICT 3
JACEEY SEBASTIAN MEETING DATE: April 15, 2026
DISTRICT 4
KEOSHA B. BELL
DISTRICT 5
Mike Lee c/o We Partner Group, LLC. requests a rezoning from AG-1 (Agricultural
NATASHA WILLIAMS-BROWN
DISTRICT 6 District) to CUP (Community Unit Plan District) to develop 35 single-family units on
15 acres at 4700 Welcome All Road (Parcel Id: 09F360001530024).
LINDA BECQUER PRITCHETT
DISTRICT 7
City Council District: 3.
STAFF RECOMMENDATION: DENIAL
PLANNING COMMISSION RECOMMENDATION: APPROVAL OF
REZONING TO CUP USING R-5 ZONING DISTRICT REGULATIONS
WWW.CITYOFSOUTHFULTONGA.GOV
CITY OF SOUTH FULTON
5440 FULTON INDUSTRIAL BLVD, SOUTH FULTON, GA 30336
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APPLICATION INFORMATION
Applicant Information: Mike Lee
Status of Applicant: Applicant
City Council District: 3
Parcel ID Number: 09F360001530024
Area of Property: 15 acres
Existing Zoning: AG-1 (Agricultural)
Current/Past Use of the Property: Single-family Residential
Prior Zoning Cases/History: n/a
SPECIFIC INFORMATION
REQUEST
The applicant is requesting to rezone to CUP (Community Unit Plan) to allow for a proposed subdivision of
35 homes.
PROPERTY LOCATION
The property consists of 15 total acres located on the eastern side of Welcome All Road being in Land Lots
152 and 153 of the 9th District in the City of South Fulton, Fulton County, Georgia and City Council District
3.
2021 COMPREHENSIVE PLAN LAND USE DESIGNATION
The subject property has a future land use designation of Suburban I as designated in the 2021 South Fulton
Comprehensive Plan, which does support the proposed zoning classification and use.
ADJACENT ZONING AND LAND USES
North: R-4A (Single-Family Residential District)/ Kensington Wood Subdivision
South: CUP (Community Unit Plan)/ Kensington Heights Subdivision
East: Sub C (Suburban C)/ Broad Subdivision
West: M-2 (Heavy Industrial District)/ Chester Industrial Park
COMMUNITY AND PROPERTY OWNERS’ NOTIFICATION/COMMENTS
Per the requirements of Section 803.05, a Community Zoning Information Meeting was held on January 5,
2026, at 6:00pm. The applicants presented their rezoning plan to attendees.
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Staff placed the required notice of public hearing in the South Fulton Neighbor on January 28, 2026, to notify
the public that Case Z26-002 would be heard at the Planning Commission Meeting on February 18, 2026, and
at the City Council Public Hearing on March 10, 2026.
The applicant placed a notification sign in front of the subject property on January 28, 2026, to notify the
surrounding community of the aforementioned hearing dates.
The Applicant was given the addresses within one mile of the subject property for the purposes of hosting
their own community meeting.
APPLICABLE CODE REQUIREMENTS
Table 4-1 Area Regulations for Lots and Principal Buildings.
Sec. 405.01. - Landscape strip and zoning buffer requirements.
Standard of review for proposed rezoning (City Code, Appendix C, Sec. 803.06):
1) The suitability of the subject property for the zoned purposes;
The proposed zoning district and use is supported by the Future Land Use Map. However, the proposal does
not meet the intent of the CUP guidelines.
2) The extent to which the property values of the subject property are diminished by the particular
zoning restrictions;
The current zoning does not diminish the unimproved property value.
3) The extent to which the destruction of property values of the subject property promotes the health,
safety, morals or general welfare of the public;
The current zoning of AG-1 (Agricultural) does not diminish the unimproved property value.
4) The relative gain to the public as compared to the hardship imposed upon the individual property
owner;
The Suburban I Character Area provides a wide diversity of housing types and affordability in the City of
South Fulton while preserving the surrounding natural, agricultural, and rural areas. Staff does not anticipate
any hardship to the property owner.
5) The length of time the property has been vacant as zoned considered in the context of land
development in the area in the vicinity of the property;
The property is not vacant; there is a single-family home on it.
6) Whether the zoning proposal will permit a use that is suitable in view of the use and development of
adjacent and nearby property;
The proposal to develop a small subdivision is suitable in view of the use and adjacent and nearby property.
This property borders single-family developments as well as industrial use and zoned properties to the west.
However, this rezoning proposal does not meet the intent of the CUP zoning category.
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7) Whether the zoning proposal will adversely affect the existing use or usability of
adjacent or nearby property;
The proposal could adversely affect the use or usability of adjacent properties. The adjacent properties to the
north, south, and east are single-family residential uses; however, the proposed lots are smaller than what has
been permitted by adjacent properties.
8) Whether the property to be affected by the zoning proposal has a reasonable economic use as
currently zoned;
The property does have reasonable economic use as currently zoned.
9) Whether the zoning proposal will result in a use which will or could cause an excessive burdensome
use of existing streets, transportation facilities, utilities, or schools;
The zoning proposal should not result in a use that will cause an excessive burden to existing infrastructure.
10) Whether the zoning proposal is in conformity with the policies and intent of the Comprehensive
Plan;
The zoning proposal is in conformity with the comprehensive plan. The property is located in the Suburban I
character area, which supports the development of this property as a single-family residential subdivision.
11) Whether there are other existing or changing conditions affecting the use and development of the
property which give supporting grounds for either approval or disapproval of the zoning proposal;
No other conditions are known to Staff at this time that would affect the use and development of the property.
12) Whether the zoning proposal will permit a use which can be considered environmentally adverse to
the natural resources, environment and citizens of South Fulton.
This zoning proposal should not permit a use that is environmentally adverse.
PUBLIC PARTICIPATION
The applicant hosted a hybrid public participation meeting on January 27, at Welcome All Park &
Multipurpose Facility and Zoom at 11:30 a.m. Neighbors had questions regarding public notification
and accessibility, traffic and roadway impacts, site design & buffering, stormwater, construction
impacts, and property values. The applicant addressed these questions and explained that the
developers will work with city officials to address traffic concerns and maintain green space, while
promising to provide comprehensive project information and continuing to collaborate with the
community regarding their concerns. However, the applicant does not have and did not turn in the
recording of the meeting, which means that the requirements of the Public Participation Plan have
not been met.
STAFF RECOMMENDATION
The applicant is proposing to rezone from AG-1 (Agricultural) to CUP (Community Unit Plan) for the
purpose of developing a 35-lot residential subdivision. The proposed zoning category is supported by the
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future land use character area of Suburban Neighborhood in the City of South Fulton’s 2021 Comprehensive
Plan. The future land use designation of the property is Suburban Neighborhood I.
The purpose of the Suburban Neighborhood Character Area is to provide a wide diversity of housing types
and affordability in the City of South Fulton while preserving the surrounding natural, agricultural, and rural
areas. The area is further subdivided into two levels, Suburban I and Suburban II, which represent a
transitional density from the less intense uses near rural areas to the more intensive suburban uses that are
older and have a higher density.
The CUP zoning district The CUP District identifies land areas for a variety of housing types, including
single-family and multi-family uses, within a planned community setting. The CUP District is intended to:
(1) Encourage the development of large tracts of land as planned communities;
(2) Encourage flexible and creative concepts in site planning;
(3) Preserve the natural amenities of the land by encouraging scenic and functional open areas;
(4) Provide for an efficient use of land;
(5) Provide a stable residential environment compatible with surrounding residential areas; and
(6) Protect neighboring properties by requiring larger peripheral lots adjacent to larger lot developments.
The site plan submitted contains a long, narrow lot with a stream crossing at the rear of the development on
the east side. The land to the west of the stream crossing is reserved as common space, but it is unclear how
homeowners would be able to access the common space as it is on the other side of the stream and there are
wetlands in the area. No specific amenities are proposed in this area. The site plan shows that there is an area
in the front that is reserved for common space on the north side of the proposed internal street and an amenity
area on the south side of the proposed internal street; however, a 40’ landscape strip in the front of the
development is required in that area. Nowhere on the plan does it specify what specific amenities are
proposed.
The intent of the CUP zoning is not met by this proposed site plan. At a total of 15 acres, this proposal is not
for a large tract of land and it does not meet the intent of a planned community. Flexible and creative concepts
in site planning are not employed, and open areas do not appear to have a specific function. All proposed lots
are peripheral lots and they are required to be larger as they are adjacent to larger lot developments on both
the north and south sides of the proposed development. Generally, there is no indication that this is a planned
community but rather, a standard subdivision that offers small lots with no defined amenities.
Staff recommends APPROVAL CONDITIONAL based on these factors.
CONDITION: Applicant will have to follow R-5 Single-Family Dwelling District Regulations.
PREPARED BY: Karen Tominey, Senior Planner
REVIEWED BY: Reginald McClendon, Director, CDRA
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OFFICE OF THE
CITY MANAGER
SHARON D. SUBADAN, ICMA-CM, MPS, CPM
CITY MANAGER
COMMUNITY
HONORABLE MAYOR DEVELOPMENT&
& CITY C OUNCIL
REGULATORY AFFAIRS
TO: Mayor & City Council
CARMALITHA GUMBS Reginald McClendon, J.D., AICP, CPM
MAYOR Managing Director
FROM: Department of Community Development
DR. CATHERINE F. ROWELL
DISTRICT 1 and Regulatory Affairs
AARON JOHNSON Planning & Zoning Division
DISTRICT 2
HELEN ZENOBIA WILLIS SUBJECT: U26-004: 3220 Butner Road, Suite 136
DISTRICT 3
JACEEY SEBASTIAN MEETING DATE: April 15th , 2026
DISTRICT 4
KEOSHA B. BELL
DISTRICT 5
NATASHA WILLIAMS-BROWN
Hai T Nguyen c/o John Dang requesting a Special Use Permit to change ownership of
DISTRICT 6
an existing nail salon in the MIX (Mixed Use District/Cliftondale Overlay District)
LINDA BECQUER PRITCHETT
DISTRICT 7 zoning at 3220 Butner Road, Suite 136 (Parcel Id: 14F0073 LL0800).
City Council District: 2.
STAFF RECOMMENDATION: APPROVAL CONDITIONAL
PLANNING COMMISSION RECOMMENDATION: APPROVAL
CONDITIONAL
WWW.CITYOFSOUTHFULTONGA.GOV
CITY OF SOUTH FULTON
5440 FULTON INDUSTRIAL BLVD, SOUTH FULTON, GA 30336
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APPLICATION INFORMATION
Applicant Information: Hai Thi Nguyen c/o John Dang
Status of Applicant: Agent
City Council District(s): 2
Parcel ID Number: 14F0073 LL0800
Area of Property: 19.21 acres
Existing Zoning: MIX (Mixed Use District)/Cliftondale Overlay District
Current/Past Use of the Property: The suite is currently being operated as Butner Nails, a nail salon.
Prior Zoning Cases/History: 2002Z -0012
SPECIFIC INFORMATION
REQUEST
Hai T Nguyen c/o John Dang requesting a Special Use Permit to change ownership of an existing nail salon.
PROPERTY LOCATION
The suite is located within the Camp Creek Village Retail & Townhomes.
2021 COMPREHENSIVE PLAN LAND USE DESIGNATION
The subject property has a future land use designation of Suburban I Neighborhood as designated in the 2021
South Fulton Comprehensive Plan.
ADJACENT ZONING AND LAND USES
North: R-3 (Single Family Dwelling District) & AG-1 (Agricultural District)/ Cliftondale Overlay
District
South: MIX (Mixed Use District)/Cliftondale Overlay District
East: MIX (Mixed Use District)/Cliftondale Overlay District
West: MIX (Mixed Use District)/Cliftondale Overlay District
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COMMUNITY AND PROPERTY OWNERS’ NOTIFICATION/COMMENTS
Per the requirements of Section 803.05, a Community Zoning Information Meeting was held on February 2nd,
2026, at 6:00pm. The applicants presented their Special Use plan to attendees.
Staff placed the required notice of public hearing in the South Fulton Neighbor on February 25th, 2026, to notify
the public that Case U26-004 would be heard at the Planning Commission Meeting on March 18th, 2026, and
at the City Council Public Hearing on April 15th, 2026.
The applicant placed a notification sign in front of the subject property on February 25th, 2026, to notify the
surrounding community of the aforementioned hearing dates.
The Applicant was given the addresses within one mile of the subject property for the purposes of hosting their
own community meeting.
APPLICABLE CODE REQUIREMENTS
Sec. 509. - Cliftondale Overlay District.
Standard of review for proposed rezoning (City Code, Appendix C, Sec. 803.06):
1) Is the proposed use consistent or inconsistent with the Comprehensive Plan?
The Comprehensive Plan identifies this area as the future land use designation of Suburban I Neighborhood.
While this character area is characterized by medium density housing, the suburban character area, in general,
allows for mixed-use developments.
2) Is the proposed use consistent with the supplemental plans adopted by the City Council, such as/or
revitalization or economic development plans?
N/A – no supplemental plans have been adopted by the City Council.
3) Is the proposed use compatible with the adjacent land uses and zoning districts?
The change in ownership for the nail salon does not change the nature of the existing uses to the subject property.
4) Does the proposed use on violate local, state, and or/federal statues, ordinances, or regulations
governing land development?
The proposed use does not violate local, state, and federal statues, ordinances, and regulations.
5) What is the effect of the proposed use on vehicular and pedestrian traffic flow and safety, along
adjoining streets?
The operation of the existing nail salon does not change the current flow of vehicular and pedestrian traffic on
the adjoining streets.
6) Is the screening adequate to protect adjacent uses from any negative impacts of the proposed use?
This suite is within an existing development with multiple businesses.
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7) Can outdoor lighting be used so as to not interfere with surrounding uses?
Outdoor lighting must be consistent with that of a commercial development and therefore would not interfere
with surrounding uses.
8) Does ingress and egress to the property reduce negative impacts of the proposed use or enhance safety?
This property is accessed from Butner Road or Sultana Way.
9) Will the number, size, and type of signs proposed for the site have any negative impact on traffic or
surrounding property uses?
No signs are proposed.
10) Is off-street parking space adequate? Will they be properly located to reduce any negative impact on
surrounding property uses?
Off-street parking is provided for the subject property.
11) Does the use have sufficient space to operate its activities?
The subject property has sufficient space to operate a nail salon
12) Are there any negative environmental impacts which should be considered, for example, topography,
special geological features, soil, water runoff, air pollution, water pollution or contamination, wetlands,
etc.?
No new development is being proposed to incur environmental impacts.
13) Availability of other land suitable for proposed use and effect on balance of land uses;
The proposed use does not affect the balance of land uses.
14) Effect on character of the neighborhood;
There should be minimal effect on the neighborhood.
15) Effect on adjacent property;
There should be minimal effect on the adjacent property.
16) Economic use of current zoning;
The MIX (Mixed Use/Cliftondale Overlay District) district has numerous allowed uses that support the
economic viability of the subject property.
17) Other conditions
Recommended Conditions:
1. That the Special Use Permit is not transferrable.
2. That the permittee is required to maintain a valid South Fulton business license to operate a special use for a
nail salon.
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PUBLIC PARTICIPATION
The applicant hosted a public participation meeting at subject property on March 2nd at 1pm. The applicant
states that no concerns or issues were brought up or addressed.
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STAFF RECOMMENDATION
Zoning petition 2002Z-0012 allows retail, service commercial, and/or office and accessory uses. Nail salons
fall under the category of service commercial as a personal service. However, the City of South Fulton
mandates, in the zoning ordinance, that all nail salons receive a special use permit. These special use permits
are non-transferable, leading to the applicant for this case seeking one to take over the ownership of Butner
Nails, an existing and operating business.
Recommended Conditions:
1. That the Special Use Permit is not transferrable.
2. That the permittee is required to maintain a valid South Fulton business license to operate a special use for a
nail salon.
Staff recommends APPROVAL CONDITIONAL based on these factors.
PREPARED BY: Victoria Young, Senior Planner
REVIEWED BY: Reginald McClendon, Director, CDRA
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OFFICE OF THE
CITY MANAGER
SHARON D. SUBADAN, ICMA-CM, MPS, CPM
CITY MANAGER
COMMUNITY
DEVELOPMENT&
HONORABLE MAYOR
REGULATORY AFFAIRS
& CITY COUNCIL
Reginald McClendon, J.D., AICP, CPM
CARMALITHA GUMBS Managing Director
MAYOR
DR. CATHERINE F. ROWELL TO City of South Fulton Mayor & Council
DISTRICT 1
AARON JOHNSON FROM: Department of Community Development and Regulatory
DISTRICT 2
Affairs Planning & Zoning Division
HELEN ZENOBIA WILLIS
DISTRICT 3
SUBJECT: Z26-005/CDP26-002: 0 & 3665 Jonesboro Rd
JACEEY SE BASTIAN
DISTRICT 4
MEETING DATE: April 15, 2026
KEOSHA B. BELL
DISTRICT 5
NATASHA WILLIAMS-BROWN The applicant is requesting a rezoning requesting a rezoning from AG-1
DISTRICT 6 (Agricultural District/Old National Highway Overlay District) to CUP (Community
LINDA BECQUER PRITCHETT Unit Plan District/Old National Highway Overlay District) 0 & 3665 Jonesboro Rd
DISTRICT 7 (09F130000595413, 09F130000591065, & 09F130000591800) at with a future
land use amendment from Suburban II Neighborhood to Suburban I
Neighborhood to develop a single-family residential community with 41 detached
homes on 13.83 acres. (Council District 5)
STAFF RECOMMENDATION: DENIAL (Z26-005)
DENIAL (CDP26-002)
PLANNING COMMISSION RECOMMENDATION: DENIAL (Z26-005)
DENIAL (CDP26-002)
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APPLICATION INFORMATION
Applicant Information: Delores A. & Robert A. West c/o Dani Blumenthal, Gaskins +
LeCraw
Status of Applicant: Applicant
City Council District(s): 5
Parcel ID Number: 09F130000595413, 09F130000591065, & 09F130000591800
Area of Property: 13.83 0Acres
Existing Zoning: AG-1 (Agricultural District/Old National Highway Overlay
District)
Current/Past Use of the Property: Vacant
Prior Zoning Cases/History: None
SPECIFIC INFORMATION REQUEST
BACKGROUND
The applicant is requesting a rezoning requesting a rezoning from AG-1 (Agricultural District/Old
National Highway Overlay District) to CUP (Community Unit Plan District/Old National Highway
Overlay District) with a future land use amendment from Suburban II Neighborhood to Suburban I
Neighborhood to develop a single-family residential community with 41 detached lots, internal public
streets, a centralized mail kiosk, a stormwater detention pond, and a small gathering space/amenity
area.
PROPERTY LOCATION
The property consists of a 13.83-acre parcel located on the north side of Jonesboro Rd and west
side of the Georgia power company easement, lying and being in Land Lots 59 of the 9th District,
Fulton County, Georgia. The property is in Council District 5.
2021 COMPREHENSIVE PLAN LAND USE DESIGNATION
The subject property has a future land use designation of Suburban Neighborhood as
designated in the 2021 South Fulton Comprehensive Plan, which does support the proposed
zoning. The Suburban II Neighborhood allows up to 8 units per acre. The proposal is to rezone
CUP to permit residential development at a density of approximately 2.96 units per acre.
However, the Applicant is seeking to amend the Future Land Use Designation from Suburban
II Neighborhood to Suburban I Neighborhood, therefore if the amendment passes, it will
support the proposed rezoning.
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ADJACENT ZONING AND LAND USES
North: Union City
South: AG-1 (Agricultural District/Old National Highway Overlay District)
East: AG-1 (Agricultural District/Old National Highway Overlay District)
West: SH (Senior Housing District/Old National Highway Overlay District)
COMMUNITY AND PROPERTY OWNERS NOTIFICATION/COMMENTS
Per the requirements of Section 803.05, a Community Zoning Information Meeting was held on
February 2, 2026, at 6:00pm. The applicants presented their rezoning plan to attendees, and a few
residents spoke in opposition to the development offering amendments.
Staff placed the required notice of public hearing in the South Fulton Neighbor on January 28, 2026,
to notify the public that Case Z26-005/CDP26-002 would be heard at the Planning Commission
Meeting on March1 8, 2026, and at the City Council Public Hearing on April 15, 2026.
Staff placed a notification sign in front of the subject property on January 28, 2026, to notify the
surrounding community of the aforementioned hearing dates.
The Applicant was given the addresses within one mile of the subject property for the purposes of
hosting their own community meeting.
APPLICABLE CODE REQUIREMENTS
• Sec. 511. - Old National Highway Overlay District.
• Sec. 404.03. - CUP community unit plan district.
• Sec. 405.01. - Landscape strip and zoning buffer requirements.
Standard of review for proposed rezoning (City Code, Appendix C, Sec. 803.06):
1) The suitability of the subject property for the zoned purposes;
The property supports the size and intensity of the proposed use. The proposed zoning district is
not supported by the Future Land Use Map; However, the applicants are also requesting an
amendment to the Future Land Use Map from Suburban II Neighborhood to Suburban I
Neighborhood. Therefore, if the amendment passes, it will support the proposed rezoning.
2) The extent to which the property values of the subject property are diminished
by the particular zoning restrictions;
The current AG-1 zoning does not diminish the unimproved property value.
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3) The extent to which the destruction of property values of the subject property
promotes the health, safety, morals or general welfare of the public;
Maintaining the existing zoning protects public health and safety by limiting development intensity
in an area constrained by environmental features, pipeline easements, and limited roadway access.
However, the proposed rezoning does not diminish property values of the underutilized development
along a major corridor.
4) The relative gain to the public as compared to the hardship imposed upon the
individual property owner;
Providing a wide diversity of housing types and affordability is the intent of the Suburban
Neighborhood I future land use designation, while encouraging civic uses such as schools, places of
worship, community centers, and facilities. While the proposed development offers 41 detached
dwellings. There are other zoning districts compatible with the current future land use. Staff does not
anticipate any hardship for the property owner.
5) The length of time the property has been vacant as zoned considered in the
context of land development in the area in the vicinity of the property;
Staff has no knowledge of any prior development on the property.
6) 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 permit a use that is suitable for the development of adjacent and
nearby properties within City limits, because abutting properties are zoned and utilized as
residential and agricultural nearby.
7) Whether the zoning proposal will adversely affect the existing use or usability of
adjacent or nearby property;
The proposal will not adversely affect the use or usability of nearby property.
8) Whether the property to be affected by the zoning proposal has a reasonable
economic use as currently zoned;
According to the Code of Ordinance Sec. 207.06. - Use table the property does have reasonable
economic use as currently zoned. However, CUP provides a residential component that aligns with the
housing need identified in the City of South Fulton Housing Assessment.
9) Whether the zoning proposal will result in a use which will or could cause an
excessive burdensome use of existing streets, transportation facilities, utilities, or
schools;
The extent of burden this proposal will cause existing infrastructure is unknown to Staff at this time.
The zoning proposal is less intense than the allowable gross density for residential as stated in the City's
Comprehensive Plan for the subject property if granted approval for CDP amendment.
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10) Whether the zoning proposal is in conformity with the policies and intent of
the Comprehensive Plan;
The zoning proposal is not currently in conformity with the 2021 Comprehensive Plan. The property
is in the Suburban II Neighborhood character area; however, they are applying to amend their future
land use to Suburban Neighborhood I. The Suburban Neighborhood Character Area intends to
provide a wide diversity of housing types and affordability in the City of South Fulton while
preserving the surrounding natural, agricultural, and rural areas.
11) Whether there are other existing or changing conditions affecting the use and
development of the property which give supporting grounds for either approval or
disapproval of the zoning proposal;
No other conditions are known to Staff at this time that would affect the use and development
of the property.
12) Whether the zoning proposal will permit a use which can be considered
environmentally adverse to the natural resources, environment and citizens
of South Fulton.
The zoning proposal does not propose a use that is, or can be, considered adverse to the environment
or the natural resources, environment and citizens of the City of South Fulton. The applicant has
stated the floodplains, wetlands, and streams will be protected in accordance with City of South
Fulton regulation. All steams will be protected by a 75’ undisturbed stream buffer and additional 25’
impervious setback with an addition 10’ landscape easement along the entire frontage along
Jonesboro Road
PUBLIC PARTICIPATION
The public participation meeting was held virtually due to inclement weather on January 26, 2026 at
6:00pm via zoom. There was a total of 5 people in attendance. The applicant stated no issues or
concerns were raised at the meeting.
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STAFF RECOMMENDATION
The Suburban Neighborhood Character Area intends to provide a wide diversity of housing types
and affordability in the City of South Fulton while preserving the surrounding natural, agricultural,
and rural areas. The area is further subdivided into two levels, Suburban I and Suburban II, which
represent a transitional density from the less intense uses near rural areas to the more intensive
suburban uses that are older and have a higher density. The Suburban Neighborhoods are located
closest to urbanized areas and are comprised of medium-density residential housing. Included in
this area are the communities of Sandtown, Cascade, Old National, and portions of Cliftondale.
Public infrastructure is available. This Character Area has the highest percentage of existing
developed land.
The Suburban I Neighborhood Character Area supports the following: R-3,R-3A,R-4A, CUP, NUP
and SH.
The Suburban II Neighborhood Character Area supports the following zoning districts R-3, R-3A, R-
4,R-4A,R-5, R-5A, TR, MIX and NUP.
Therefore, the CUP rezoning request would be supported in the Suburban I Neighborhood
Character Area if the amendment passes.
Regarding the proposed zoning, The Community Unit Plan district is described in the South
Fulton Zoning Code as follows:
CUP Community Unit Plan District. The CUP District identifies land areas for a variety of housing
types, including single-family and multi-family uses, within a planned community setting. The CUP
District is intended to:
1. Encourage the development of large tracts of land as planned communities;
2. Encourage flexible and creative concepts in site planning;
3. Preserve the natural amenities of the land by encouraging scenic and functional open areas;
4. Provide for an efficient use of land;
5. Provide a stable residential environment compatible with surrounding residential areas; and
6. Protect neighboring properties by requiring larger peripheral lots adjacent to larger lot
developments.
The purpose and intent of the Old National Highway Overlay District is as follows:
a) The City Council of South Fulton, Georgia hereby declares it to be the purpose and intent
of the Old National Highway Overlay District (District) to establish a uniform procedure
for providing for the protection, enhancement, preservation, unity of design, and use of
places, sites, buildings, structures, streets, neighborhoods, and landscape features in the
Old National Highway District in accordance with the provisions herein.
b) The Old National Highway Overlay District is adopted as part of a strategy designed to
promote the health, safety, order, prosperity, and general welfare of the citizens of South
Fulton through the regulation of design, aesthetics, location, bulk, size of buildings and
structures, and the density and distribution of population.
c) This District also seeks to reduce congestion on the streets; to provide safety from fire,
flood and other dangers; provide adequate light and open space; protect the natural
environment and address other public requirements, in order to provide sustainable
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development that involves the simultaneous pursuit of economic prosperity,
environmental protection and social quality.
d) This District also seeks, among other things, to promote accepted design principles in
areas of new development and redevelopment, to raise the level of community
understanding and expectation for quality in the built environment, to protect and
enhance local aesthetic and functional qualities, and to stimulate business and promote
economic development.
e) In consideration of the character of the Old National Highway District, the regulations in
this Section 511 are intended to monitor the suitability for certain uses, construction and
design, prevent functional and visual disunity, promote desirable conditions for
community and commerce and protect property against blight and depreciation.
While residential development may be appropriate in this general area, the requested rezoning goes
against the future land use and does not reflect the minimum change necessary to allow reasonable
amendment as the supported Suburban II Neighborhood Character areas may suffice for the
proposed development of 2.96 dwelling units per acre. Furthermore, the subject property primary
access is proposed from Georgia State Route 138 (Jonesboro Road), a GDOT-maintained speed limit
of 55 mph. Staff express concerns with the site plan regarding turning lanes entering and exiting the
proposed subdivision.
However, the applicant has made further revision to add an addition 10’ landscape easement along
the entire frontage along Jonesboro Road with shadow box fencing. The applicant also states the
amenity area will include a covered pavilion and tot lot; and addition to reducing the rear setbacks to
provide space to accommodate ranch homes. Noting, Lots 1, 11, 12, 18, 23, 24, 32, and 35 are
widened to accommodate the ranch style homes with 2-car garages. While a gathering space will be
added adjacent to lots 17 and 18 in addition to amenity area located by the mail kiosk. If the
proposed rezoning is approved.
Staff recommends DENIAL based on these factors for Rezoning.
Staff recommends DENIAL based on these factors for Community Development Plan.
PLANNING COMMISSION RECOMMENDATION: DENIAL (Z26-005)
DENIAL (CDP26-002)
PREPARED BY: Adriana Echols, Planner
REVIEWED BY: Reginald McClendon, Director, CDRA
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Proposed Zoning Conditions by applicant – Z26-005/CDP-002
To the owner’s and developer’s agreement to abide by the following:
1. To the revised Site Plan received by the Department of Community Development and Regulatory
Affairs on 3/2/2026 (dated 2/25/2025). Said Site Plan is conceptual only and must meet or exceed
the requirements of the Zoning Resolution, Subdivision Regulations, and these conditions prior to
the approval of a Land Disturbance Permit.
2. The development shall not exceed 3 units per acre or 41 units.
3. Single-family dwellings only.
4. Development Standards:
a. Maximum number of lots – 41
b. Front setback – 20’
c. Side setback – 5’
d. Side corner setback – 15’
e. Rear setback – 10’
5. Provide a 100’ zoning buffer along property boundary adjacent to a municipal jurisdiction
adjacent to the City of South Fulton (Union City), in compliance with Code Section 405.01(2) and in
conformance with the Zoning Site Plan.
6. There shall be a mandatory HOA to own and control all undisturbed buffers, greenspace, and other
open space/common areas and amenities.
7. Provide a decorative entrance monument.
8. Provide 2 amenity areas.
9. Provide enhanced landscaping (10’ in width) and shadowbox fencing along Jonesboro Road, in
conformance with the Zoning Site Plan.
10. Provide a mixture of two-story homes and one-story (ranch) homes.
11. All dwelling units shall have a 2-car garage.
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STATE OF GEORGIA
COUNTY OF FULTON
CITY OF SOUTH FULTON ORD2026-_______
AN ORDINANCE TO AMEND THE CITY OF SOUTH FULTON ZONING ORDINANCE
FOR THE PURPOSE OF AMENDING REGULATIONS RELATED TO HOME BASED
BUSINESSES; AND FOR OTHER LAWFUL PURPOSES.
WHEREAS, the City of South Fulton ("City") is a municipal corporation duly
organized and existing under the laws of the State of Georgia; and
WHEREAS, the duly elected governing authority of the City is the Mayor and
Council thereof ("City Council"); and
WHEREAS, pursuant to City Charter Section 3.10 (b), the City Council is
authorized to adopt ordinances and amendments it deems necessary, expedient, or
helpful for the health, welfare, safety, comfort and well-being of the inhabitants of the City;
and
WHEREAS, The City Council of the City of South Fulton finds that the regulations
relate to Home Based Businesses should be amended and updated to support modern
occupations while ensuring the character of residential areas is protected; and
WHEREAS, the Mayor and City Council of the City of South Fulton find that this
Ordinance is in the best interest of the public health, safety, and welfare.
THE CITY COUNCIL OF THE CITY OF SOUTH FULTON HEREBY ORDAINS as
follows:
Section 1. That Sec. 303.11 (Home Occupations) of Article 3 (Restrictions of Particular
Uses) of Appendix C (Zoning), is hereby deleted in its entirety and replaced to read as
follows:
“Sec. 303.11. - Home occupations.
(a) Purpose. A home occupation is an accessory use which is incidental to the use
of the dwelling for residential purposes. Regulations governing home
occupations are intended to protect residential districts from commercial
encroachment, maintain the character of the neighborhood, prevent an undue
increase in traffic or parking problems on local streets.
(b) Location. The operation of home occupations shall be limited to the dwelling unit
(including the basement and attached garage).
(c) Alteration of structure. No residential structure shall be altered or added to in
such a manner that the alteration would conflict with the residential nature of the
structure were no home occupation in use.
(d) A home occupation's operation and employees are limited to members of the
resident family and no more than one (1) on-site non-resident employee at any
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time. The business may have additional remote employees that do not work at
the residential dwelling.
(e) The resident of the premises shall not rent space to others in association with a
home occupation.
(f) The smaller of 25 percent or 750 square feet of the gross floor area of a dwelling
unit may be used for activities devoted to the home occupation.
(g) Accessory buildings and structures may not be used for the home occupation.
(h) See Article 7 for sign requirements in residential zoning districts.
(i) There shall there be no storage, display or activity associated with the home
occupation visible outside the structure.
(j) Vehicles and Parking. No more than two commercial vehicles used in
conjunction with the home occupation may be parked on the premises at any
time. For purposes of this article, a ‘commercial vehicle’ is defined as a duly
registered and licensed vehicle used to transport passengers or property in
furtherance of a commercial enterprise. A specialized vehicle (as defined in Sec.
607.03) is not a commercial vehicle.
(k) Vehicles and Parking. In accordance with Sec. 607.01(c), commercial trucks
and heavy vehicles (including medium and heavy-duty trucks, semi-
trucks, tractor trail flatbed trucks, tow trucks, box trucks, and delivery trucks and
vans) and/or trailers shall not be stored or parked in any agricultural or
residential zoning district unless engaged in moving household goods or making
deliveries.
(l) Vehicles and Parking. Nothing in this section shall exempt a home occupation,
or related residential property, from the regulations contained in Sec. 3-6009 of
the South Fulton Code of Ordinances.
(m) No goods, materials, supplies or items of any kind can be delivered either to or
from the premises in connection with the home occupation except in a
passenger automobile or by a residential express mail company (UPS, FedEx,
etc.). No deliveries to or from the premises shall be made by tractor trailer or
semi-truck.
(n) Prohibited Uses. The following uses are prohibited: auto repair or similar
operations, eating and drinking establishments, keeping of animals,
funeral homes, motel type establishments, medical or dental office (other than
psychiatry/psychology), and private clubs.
(o) Retail activities. Generally, only handmade items, crafts made in the home and
incidental items offered in conjunction with approved services may be offered
for sale on the premises. No other goods, products or commodities bought for
the express purpose of resale shall be sold at retail or wholesale on the
premises, nor shall such goods or products be stored or displayed on the
premises or distributed to other locations. This provision is not meant to prohibit
the storage of goods sold through a mail-order or online sales business as long
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as the storage of those goods does not violate any other provision of the South
Fulton Zoning Code.
(p) No more than two customers, clients or pupils shall be permitted on the site at
any one time (except for Family Day Care Home occupations, where no more
than six clients are allowed).
(q) Resident participants in a home occupation must possess, and present upon
request, any appropriate occupational or professional licensing required by
state or federal agencies.
(r) No home occupation shall generate traffic, sound, smell, vibration, light, or dust
that is offensive.
(s) Home occupations must exclude the use of instruments, machinery or
equipment that emit sounds (i.e. musical instruments, sewing machines, saws,
drills) that are detectable beyond the unit.
(t) No home occupation shall be operated so as to create or cause a nuisance.
(u) See Section 303.06 for Family Day Care Home requirements.”
Section 2. It is hereby declared to be the intention of the Mayor and Council that: (a) All
sections, paragraphs, sentences, clauses and phrases of this Ordinance are or were,
upon their enactment, believed by the City Council to be fully valid, enforceable and
constitutional.
(b) To the greatest extent allowed by law, every section, paragraph, sentence, clause or
phrase of this Ordinance is severable from every other section, paragraph, sentence,
clause or phrase of this Ordinance. No section, paragraph, sentence, clause or phrase of
this Ordinance is mutually dependent upon any other section, paragraph, sentence,
clause or phrase of this Ordinance.
(c) In the event that any phrase, clause, sentence, paragraph or section of this Ordinance
shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise
unenforceable by the valid judgment or decree of any court of competent jurisdiction, it is
the express intent of the City Council that such invalidity, unconstitutionality or
unenforceability shall, to the greatest extent allowed by law, not render invalid,
unconstitutional or otherwise unenforceable any of the remaining phrases, clauses,
sentences, paragraphs or sections of the Ordinance.
Section 3. All Ordinances and parts of Ordinances in conflict herewith are hereby
expressly repealed.
Section 4. The City Attorney, City Clerk and contracted City Codifier are authorized to
make non-substantive formatting and renumbering edits to this ordinance for proofing,
codification, and supplementation purposes. The final version of all ordinances shall be
filed with the clerk.
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Section 5. The effective date of this Ordinance shall be the date of adoption unless
provided otherwise by the City Charter or state and federal law.
[signatures and voting tabulations appear on the following page]
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