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Commissioners approve Salem overlay tier change to allow commercial daycare at 5242 Salem Road
Summary
The board approved a request to change the Salem overlay designation from Tier 1 (residential) to Tier 2 (moderate commercial) at 5242 Salem Road so the owner can pursue rezoning and a conditional-use permit for a commercial daycare; approval passed 4-1 with conditions including fire-inspection, fencing and environmental-health approvals.
The Newton County Board of Commissioners voted 4-1 to approve an overlay-tier change that clears the way for a commercial daycare at 5242 Salem Road.
Gladys Lee, the petitioner and an experienced childcare provider, told the board she has operated in-home childcare for years and cares for medically fragile and special-needs children. Lee and supporters said the property’s five-plus acres and proximity to local schools make it a suitable site for a larger daycare center.
Planner Applewhite told commissioners the parcel is currently in Salem overlay Tier 1 (residential) and is not adjacent to Tier 2; under the ordinance, tier additions should be contiguous, and staff recommended denial because the change would create an isolated ‘‘island’’ of Tier 2. The planning commission had recommended approval after a tie vote that the chair broke in favor of the applicant.
Commissioners discussed neighborhood character, precedent and the applicant’s statements that the site already functions in some commercial ways. Commissioner Henderson supported the request, citing community need for childcare; Commissioner Long said caution was warranted when changing tiers because such changes are hard to reverse.
The board approved the tier change with conditions aimed at safety and code compliance: the owner must comply with the Salem overlay development standards; limit occupant load to the fire marshal’s determination; provide a state day-care license prior to a business license; submit approved sprinkler and fire-inspection documentation; establish an approved fenced play area of at least 4 feet in height; obtain GDOT-approved ingress/egress; and secure environmental health approval before a business license is issued. The approval only changes the overlay tier; separate actions (rezoning and a conditional-use permit) will be required for commercial daycare operations.
Ending: The owner will still need to rezone the parcel to neighborhood commercial and obtain a conditional-use permit and health/fire approvals before operating as a commercial daycare; staff and the applicant were given the list of conditions to meet before a business license can be issued.
