Should local cities pass buffer requirements for certain business types? What about for gas stations in particular? Two local cities, McDonough and Stockbridge, are set to consider this topic in the near future.
McDonough will consider a gas station buffer requirement as part of its broader zoning code update. Stockbridge has an existing buffer requirement already in place; they are considering to reduce their buffer requirement.
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Distance Buffers
What is a distance buffer? A buffer requirement prevents a new business from opening if a business of the same type is already within a certain radius of its location. Local governments pass them to either prevent or reduce an over-concentration of the same business type.
McDonough
The city of McDonough is set to consider adopting its zoning code rewrite this month. That meeting will be on Monday, December 16. Though the code update covers several topics, this article specifically looks at distance buffers. A more complete review of the city’s proposed changes is forthcoming.
The proposed code revisions would incorporate a one-mile buffer on gas stations. This would essentially prohibit new gas stations within the city. Only a few residential areas in the northeast section of the city fall outside of this buffer. In addition, the code update would add a requirement to place the gas pumps between the rear of the building and rear property line.
The proposed code revision would incorporate buffer requirements for a few other businesses. Those businesses, and the proposed buffers, include the following:
- Halfway house, one-mile buffer,
- Automotive repair shop, half-mile buffer,
- Car wash, one-mile buffer,
- Hotel or extended-stay hotel, half-mile buffer,
- Pawn shop, one-mile buffer, and
- Small-box store, one-mile buffer of existing small-box stores, supermarkets or big box stores.
The city’s complete zoning code draft is available to view on the city website. Access it here (PDF link – 315 pages) for those interested.
Stockbridge
Stockbridge has the most-extensive distance buffer requirements within the county. They passed requirements on nine types of businesses in October 2019. Those are the following:
- Hair salons and barbershops,
- Nail salons,
- Tire shops,
- Pawn, title lending and cash for title shops,
- Vaper shops,
- Thrift stores and consignment shops,
- Auto shops,
- Used appliances shops, and
- Tattoo shops.
The distance buffer requires one mile of separation. Stockbridge also has a 4,500’ buffer on gas stations. MHF News has been unable to verify when this buffer was first adopted. Lastly, there’s a five-mile requirement on small-box discount stores.
Gas Station Distance Buffer
The gas station buffer is now being considered for revisions. The proposal would reduce the current 4,500’ buffer down to 800 feet. Right now, there’s only a small section of Eagles Landing Pkwy where a new gas station could reasonably build. The buffer reduction would increase areas within the city where new service stations could locate. The proposed code revision comes at the same time an applicant wants to build a gas station on Rock Quarry Road.
The code revision would also add additional standards for service stations. First, any new gas station could only be on an arterial or collector roadway. This is based on roadway classifications published by state and county DOT. The project would require C-3 zoning, or C-2 zoning with a special use permit.
In addition, the standards would include requiring electric vehicle chargers at a one to one ratio as gas pumps. They also stipulate any service station must include space for at least two sub-tenants. The building exterior must be all brick. Finally, the developer must be making at least an eight million dollar investment.
The city council was scheduled to consider the proposal on November 19. City staff postponed it to allow more time for staff review. The city’s attorney had raised some questions in reviewing the item. The city hasn’t shared what those questions were. The item is not listed on the council’s December 9 agenda for consideration. It will presumably be at a meeting date TBD.
Distance Buffers in Henry County
Each city and county maintains its own zoning code in Georgia. What this means is Henry County’s zoning code does not apply within the local city limits, and vice versa. Buffer requirements are also subject to this limitation. For example, Henry County has a distance buffer for small-box discount stores. These stores are more commonly known as dollar stores. The buffer does not prevent a small-box store within one of the cities. The county has an additional buffer ordinance for car washes.
Featured image shows a map of gas stations in McDonough and Stockbridge, and the proposed gas station buffer requirements. Clayton Carte / MHF News map created with Datawrapper.
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