Acworth › Zoning Ordinance (Chapter 73)
73-8 — Site Development
§ 73-8.1
Sidewalk Requirements
1.General Provisions
1.all owners, developers, or occupiers of parcels of land where a development permit or building permit for a new principal or accessory dwelling unit is issued shall be required to provide a sidewalk adjacent to any public street along the entire lot frontage. Where new streets are proposed, sidewalks shall be installed on both sides of the street. Pedestrian pathways and sidewalks shall provide safe, all-weather, efficient, and aesthetically pleasing means of inter-and intra-site movement and shall be an integral part of the overall site design concept. Pedestrian pathway connections to parking areas, buildings, other amenities, outparcels, and between on-site and perimeter pedestrian systems shall be planned and installed unless otherwise excepted.
2.All paths and sidewalks shall be a minimum of five (5) feet wide and paved. A minimum two (2) foot wide landscape strip should separate paths and sidewalks from the edge of pavement or curbs along public roadways. An additional landscape area shall be planted in the inside of the sidewalk a minimum of four
(4)feet deep with hardwood trees spaced a minimum of twenty-five (25) feet on center at a rate of one (1) tree for every twenty (25) linear feet of lot frontage.
This landscape area may be on public or private property. Single-family infill developments are exempt from the street tree requirement.
3.No certificate of occupancy shall be issued for any new building construction, new parking lot, or other permanent use unless streetscapes are constructed or deferred in accordance with this section.
4.For any land or building development where sidewalks are required as outlined above and there is an existing sidewalk along the road or street frontage, an inspection of the sidewalk shall be made. If the inspection shows the sidewalk is deficient or does not exist along the entire frontage, the owner shall construct or repair the sidewalk as required.
§ 73-8.2
Fences and Walls
1.General Provisions
1.In all cases, the finished side of any fence shall be directed to the exterior of the property.
2.No fence or free-standing wall in a required yard other than a retaining wall shall be more than 8 feet in height, nor shall it be constructed within two (2) feet of a public right-of-way. Fences located within the established front setback of residential property shall not exceed four (4) feet in height. When this article requires a fence to be constructed, such fence shall be completed prior to occupancy of the primary structure.
3.A fence equipped with or having barbed wire, spikes, or similar device, or electric charge shall locate said devices greater than six (6) feet above ground level.
4.All swimming pools shall be enclosed by a fence having a height of not less than five (5) feet with a self-closing, self-latching gate.
5.All fences shall be maintained and corrected of any defects including damage, missing portions, or other defects deemed a nuisance.
§ 73-8.3
Landscape Requirements
73-8.3.1 Purpose and Requirements
1.Purpose. The landscaping and screening regulations of this section are intended to advance the general purposes of this Ordinance and to help:
1.Maintain and enhance the City’s appearance;
2.Maintain and improve air quality;
3.Protect surface water quality and reduce the negative impacts of stormwater run-off by reducing impervious surface area and providing vegetated areas that filter and retain greater amounts of stormwater on site;
4.Moderate heat by providing shade;
5.Encourage preservation and replacement of existing trees and landscaping; and
6.Augment the tree protection and preservation requirements of Section 73-14 Tree Ordinance.
2.Landscape Plan Requirements. The location and description of landscape materials, treatments, decorative paving, amenities, sidewalk furniture or other decorative elements, if any, shall be indicated on a landscape plan to demonstrate compliance with all required provisions.
73-8.3.2 Interior Parking Lot Landscape
1.Applicability, unless otherwise expressly stated, the parking lot interior landscape regulations of this Section apply to the construction or expansion of any surface parking area In the case of a parking lot expansion triggering compliance with these regulations, the minimum requirements for landscape area and plant material are calculated solely on the expanded area.
2.General Provisions
1.Parking lots subject to these interior parking lot landscape regulations shall include at least 35 square feet of landscape area per motor vehicle parking space within five (5) feet of the parking area.
2.Plant material shall be provided within the interior of parking lots in accordance with the table below.
Shade Trees 1 per 8 motor vehicle spaces Shrubs 3 per 10 motor vehicle spaces Ground Cover Complete coverage of required landscape areas
3.Interior parking lot landscaping shall be reasonably distributed throughout the parking lot and provided in landscape islands or medians that comply with all of the following requirements:
4.Each island shall be at least the dimensions of a parking space.
5.Each island shall include at least one shade tree per island and be covered with ground cover plants or mulch;
6.Each island shall be protected by curbs or other barriers, which may include breaks or inlets to allow stormwater runoff to enter the landscape; and,
7.Parking rows with five (5) or more spaces shall have a landscape terminal island (end cap) at that end of the parking row. All other parking lot landscape islands shall be located to comply with all applicable regulations of this Section.
8.A maximum of twelve (12) parking bays in any parking row shall be permitted without a landscaping island.
73-8.3.3 Landscaping for Parking Garages
1.General Requirements
1.A landscape strip at least ten (10) feet in width shall be provided around the immediate perimeter of all parking garages, except along sides lined by habitable/occupiable floor space. Such required landscape strips shall contain at least one tree and 10 shrubs per 20 linear feet, with the remainder of the landscape strip covered with groundcover plants, sod, or annual or perennial vegetation.
73-8.3.4 Buffers
Buffer areas required by this article shall be established and maintained by the property owner and shall:
1.General Provisions (where required)
1.Be landscaped and maintained as a planted area with trees, shrubs, flowers, grass, stone, rocks, and other landscaping materials.
2.Not be used for parking or contain any structure other than a fence or drainage improvement required by the City. Access through a buffer is allowed provided it is perpendicular to the buffer only and is designed so as to cause the least amount of intrusion possible. Bicycle and/or pedestrian paths and greenways are excluded from these restrictions.
3.Utilize and preserve the natural topography and growth of the land except that which is necessary to prevent a nuisance, or to thin such natural growth where too dense for normal growth, or to remove diseased or dangerous vegetation.
4.Up to 40% of the required buffer may be cleared for utilization as a slope easement where required to prevent soil erosion.
5.Include a solid fence or wall no less than six feet in height. All required fencing shall be installed prior to issuance of the certificate of occupancy.
6.Any grading, improvements or construction adjacent thereto shall be conducted far enough from the buffer area so as not to disturb or encroach upon the buffer area.
7.Buffer area shall not be counted in addition to the setback requirement.
8.Buffers need not be established in those instances in which a street separates zoning districts. However, landscaping requirements shall apply.
2.State Waters
1.Should any State waters be identified on the property, development shall not encroach within the 75-ft stream bank buffer except where approved to be piped or where roads are necessary and approved for access.
73-8.3.5 Plant and Landscape Material
1.General requirements
1.Deciduous trees used to satisfy the landscaping and screening regulations of this Ordinance shall have a minimum caliper size of two (2) inches at time of planting. Evergreen trees shall have minimum height of six (6) feet at time of planting. Tree varieties shall be selected from Section 73-14.14 Tree Species List.
2.Shrubs used to satisfy the landscaping and screening regulations of this Division shall have a minimum container size of three (3) gallons. Shrubs shall have a minimum mature height of two (2) feet.
3.All disturbed area must be replanted with sod grass. Pine straw, mulch, seed and straw and other such materials are expressly prohibited.
2.Landscaped Areas.
1.All landscaped areas shall be protected by wheel stops, curbs, or other physical barriers where adjacent to vehicle use areas and shall be covered with grass, organic mulch or low maintenance ground cover.
2.Landscaped bioretention areas are encouraged for natural drainage channels to reduce runoff and increase infiltration of water into the soil.
73-8.3.6 Maintenance
1.General Provisions
1.Required landscaping and screening shall be continuously maintained, including necessary watering; weeding; pruning; pest control; litter and debris clean-up; and replacement of dead, diseased or damaged plant material.
2.Trees shall be limbed to at least ten (10) feet in height above the sidewalk or any transportation route.
3.Failure to comply with an approved landscaping plan, including failure to maintain required landscaping and screening and failure to replace dead, diseased or damaged landscaping, constitutes a violation of this Ordinance and is subject to penalties and enforcement under Section 73-10 Violations, Penalties, Enforcement.
73-8.3 Architectural Requirements
1.Applicability
1.All commercial, office, and industrial buildings and corresponding accessory structures.
2.General Provisions
1.Accompanying the site plan shall be conceptual architectural building façade elevations showing proposed materials, height, and colors. The approval here is of the site plan, not the particular use. All commercial and Industrial buildings façade’s (front, sides and rear) shall be composed of primarily (60% of greater) of masonry (brick, stone, architectural split faced block only) with accents of hard coast stucco (EFIS), glass, fabric, (for awnings only), and metal (only for awnings, window frames and accent molding details).
§ 73-8.4
Fire Safety Requirements
1.General Provisions
1.Accessibility for fire equipment on hard surfaced sub-base (subgrade plus an asphalt first layer or bound crushed stone) shall be maintained through all stages of construction from the time framing begins.
2.Minimum width of private access driveways within a development, excluding parking, shall be 20 feet, and the minimum turning radius shall be 35 feet.
3.Fire hydrants and water service shall be installed to within 300 feet of units under construction before proceeding with framing.
§ 73-8.5
Dumpsters
73-8.5.1 Dumpsters
1.General Provisions
1.A solid wall on three sides shall enclose all dumpsters.
The height of the wall shall be equal to or higher than the height of the dumpster.
2.The operable side of the dumpster shall be concealed with a gate equal to or higher than the height of the dumpster. The gate shall be opaque and constructed of durable materials.
3.Dumpster enclosures shall have a façade that matches the principal structure.
4.Dumpster enclosures shall have a roof system with the lowest portion of the roof or roof support beam being no less than 12 feet 6 inches above grade.
5.If the dumpster will contain leach liquids such as grease the dumpster enclosure must include a grease disposal system such as a leach field or a drain that connects to on-site grease trap.
73-8.5.2 Location
1.General Provisions
1.Dumpsters shall be placed in the rear yard and shall be located a minimum of five (5) feet from property lines.
2.In no case, shall loading activities hinder or obstruct the free movement of vehicles, and pedestrians over a street, sidewalk, alley, or interrupt parking lot circulation.
3.Service activities within 300 feet of residential uses, including single-family detached, single- family attached, multi-unit buildings, and mixed-use development with a residential component shall only be permitted Monday through Friday from 7:00 a.m. to 10:00 p.m. and on Saturdays from 9:00 a.m. to 9:00 p.m. This measurement shall be the shortest distance between the dumpster enclosure and any point on the property line of the residentially used property. These restrictions shall also apply to any service activities within a mixed-use development located within 300 feet of any residential unit within that development. In this case, the measurement shall be the shortest distance between the dumpster enclosure to the exterior wall of a residential unit.
4.Access to dumpsters shall be provided via a paved, dust-free surface.
5.Trash collection, trash compaction, recycling collection, and other similar service areas shall be located to the side or rear of buildings and must be screened from view from adjacent property or street (not including an alley).
6.Service areas that are fully integrated into a building shall be screened with a roll down door or other opaque screen.
§ 73-8.6
Reserved
§ 73-8.7
Disabled Vehicles
73-8.7.1 Purpose
The City deems it necessary and desirable in the interest of public health, safety, and welfare to enact an ordinance for the purpose of screening disabled vehicles parked or stored at a business which is permitted under the Zoning Ordinance to have stored disabled vehicles.
73-8.7.2 Intent
The intent of this ordinance is to:
1.Prevent disabled vehicles from being visible from all public roads and surrounding properties.
2.Provide standards for the screening of disabled vehicles.
73-8.7.3 Standards
1.General Requirements
1.A six (6) to eight (8) foot privacy fence shall be erected. Fencing shall be flush to the ground;
2.Fence shall be composed of a type of opaque material. Examples of opaque fencing shall include, but not be limited, to a masonry-type product such as brick, vinyl, and pressure treated wood.
3.Chain link fencing shall be allowed only when there is an opaque covering and additional trees are planted along the frontage of the fence. Trees shall consist of a hardwood species, shall have a minimum two (2) inch caliper and shall be spaced in two staggered rows with ten feet separation between the trees in each row. Additional vegetative cover on the fence such as planted ivy and shrubbery is encouraged.
4.Fence shall be constructed so that it shall be entirely opaque.
5.The fence shall be constructed so that no opening shall interfere with or obstruct traffic on a public or private road.
6.Fencing shall be maintained at all times, at the owner’s expense.
7.Under no circumstances shall coiled barbwire be visible from a public road or from surrounding properties.
8.Vehicles shall not be stacked so as to be seen over the fencing.
9.No individual vehicle shall be parked in the storage areas for a period of more than four (4) weeks, unless the business is approved to specifically be a storage or junk yard.
73-8.7.4 Exceptions
In cases where the Disabled Vehicle Lot is directly adjacent to undeveloped US. Army Corps of Engineers owned property, there shall be no fencing requirement on the contiguous property line(s).
§ 73-8.8
Site Plan Review Process
73-8.8.1 Site Plan Requirements
A.Required Materials
1.Site plans must be submitted in a digital form using either an AutoCAD designation (.dwg), Portable Documents Format (PDF), or similarly accepted standard.
2.The legal description of the parcel(s) for which the approval is sought.
3.A map(s) of the subject property should provide the following data and information:
1.All certifications and dedications appropriately indicated;
2.Boundaries of site;
3.Municipal boundary lines, section lines, parks, public green spaces or permanent easements which are related to this property and are able to indicate the location of this property;
4.The location, width and names of existing or previously platted streets, railroads and utilities rights-of-way, and easements;
5.Total acreage or square footage;
6.The location, grades and sizes of utilities (water, manholes, sanitary sewer, storm drainage, and power), and the dimension and location of easements;
7.Previous topography and proposed profiles of site;
8.100 yr. Floodplain, Wetlands and State Waters information. Including all necessary buffers.
9.Zoning information, including zoning district, setbacks, lot size, density, greenspace/open space, etc.
4.Regarding the proposed use of each parcel:
1.The size, arrangement and orientation of all buildings proposed to be used for dwelling purposes or any other purpose as indicated.
2.The location, height, configuration, and material of all walls, fences, or other structures proposed, including dumpsters.
3.The location, size and dimensions of all existing or proposed driveways entrances, exits, traffic-circulation patterns, acceleration and deceleration lanes; and the relationship to the site on which the property is located.
4.Landscape plan showing all existing and proposed plantings.
5.Any applicable covenants or restrictions.
6.For sites that contain multiple users, a master development plan shall be required for all clearing and grading, soil erosion control, development infrastructure, and storm water control. Full details shall be shown for master storm water detention/retention, if applicable. The applicant shall investigate alternative means of storm water detention that shall meet the State’s Best Management Practices.
7.Any retention or detention ponds where staff finds there to be a potential threat to the health, safety, and welfare shall be fenced. An example of a potential threat shall be a slope in excess of 2 to 1 or greater or where pond depth is six
(6)feet or greater.
1.Landscaping shall be planted around the fence perimeter (with a minimum of a row of six (6) foot tall evergreen trees such as Leyland Cypress), with exception of the entryway for maintenance of the pond.
2.Fencing shall be, at a minimum, chain link with black vinyl coating (or similar approved by staff).
3.Applicants shall have the option to install a pressure treated wood or cedar screen fence in place of the black coated fence.
4.Should the applicant decide to make the retention pond as a water quality amenity, staff shall have the flexibility to alter the fencing requirements.
8.Complete Grading Plans showing the extent of retaining walls, buffers, screen walls, etc. along the side and rear shall be made available for review and approved by staff prior to land disturbing activities.
9.Should any State waters be identified on the property, the development shall not encroach within the 75-foot stream buffer except where approved to be piped or where roads are necessary and approved for access.
10.Any stream crossings shall require review and approval from the Mayor and Board of Aldermen.
11.Landscape plan.
12.Architectural elevations, including proposed materials.
73-8.8.2 Development Plan Approval Expiration
1.Approval Expiration
1.If a permit has not been obtained within 12 months of an approved plan, said approval shall be deemed void and the project shall be resubmitted and reviewed by City staff under the most current regulations. If an approved plan is voided by this provision, and is not compliant with the most current regulations the applicant may petition the Mayor and Board of Aldermen for an extension to the initial approval.
2.If a building permit has been issued and a development remains for more than six (6)
months without passing a required inspection, the permit shall be revoked and it shall be resubmitted for review by City staff under the most current regulations. If an approved permit is voided by this provision, and is not compliant with the most current regulations the applicant may petition the Mayor and Board of Aldermen for an extension to the initial approval.
73-8.8.3 Screening
All developments shall adhere to the screening requirements outlined herein:
1.Mechanical Equipment
1.Exemptions Free-standing or roof-mounted renewable energy systems such as solar panels are exempt from these screening requirements.
2.Roof-Mounted Equipment
1.Roof-mounted equipment shall be screened from ground level view from adjacent property or adjacent street (not including an alley).
2.New buildings shall provide a parapet wall or other architectural element that screens roof- mounted equipment from view.
3.For existing buildings with no or low parapet walls, roof-mounted equipment shall be screened on all sides by an opaque screen compatible with the principal building in terms of texture, quality, material, and color.
3.Wall- Mounted Equipment
1.Wall-mounted equipment shall not be located on any surface that directly faces a street (not including an alley).
2.Wall-mounted equipment located on any surface that is visible from a street (not including an alley) must be fully screened by landscaping or an opaque screen compatible with the principal building in terms of texture, quality, material and color.
4.Ground-Mounted Equipment
1.Ground-mounted equipment screening shall be as high as the highest point of the equipment being screened.
2.Screening shall consist of landscaping or an opaque screen compatible with the principal building in terms of texture, quality, material, and color.
5.Utility Service Areas
1.Utility service areas located outside of the right-of-way that exceed 42 inches in height and 42 inches in any other dimension must be screened from the street.
2.Screening shall consist of landscaping or a wall or fence compatible with the principal building in terms of texture, quality, material, and color.
3.Utility service areas must be located an adequate distance from the street to allow for any required screening to be installed without encroaching into the public right-of-way.
4.Screening is not required for utility service areas located more than 50 feet from a street.
73-8.8.4 Maintenance Provisions
All properties shall, at all times, regardless of occupancy, be maintained to City standards.
1.General Provisions
1.The parking lot and sidewalks shall be kept in proper working order without significant cracking. Potholes and indentions shall be corrected within sixty
(60)days. All traffic markings shall be clearly marked and repainted, if necessary.
2.All traffic control devices such as stop signs shall be in proper working order.
Any defacing shall be corrected within thirty (30) days.
§ 73-8.9
Permitting
73-8.9.1 Review of Development Permit Applications
1.Required Materials
1.A review shall be required for any proposed use of land before any building or development permit is issued or any improvement, grading, or alteration of land or building commences to determine compliance with all provisions of this Chapter.
2.Site plans and other development plans required to be submitted under the provisions of this article shall be prepared only by those currently registered for such work in accordance with applicable state laws; plans for structures whose value exceeds $10,000 shall be prepared by a registered engineer or architect.
3.Development permit applications shall be reviewed by the Director and shall be accompanied by complete plans signed by the author. Such plans shall provide:
1.A 24 hour contact,
2.A scale drawing showing the actual shape and dimensions of the lot to be built upon, the exact sizes and locations on the lot of the buildings and accessory buildings then existing, and the lines within which the proposed building or structure shall be erected or altered,
3.The existing or intended use of each building or part of a building,
4.The number of families or housekeeping units the building is designed to accommodate,
5.The location of all dumpsters, and
6.Such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for enforcement of this article.
7.House plans, elevations and house materials.
8.A lighting plan. The lighting plan shall allow for:
•The parking lot lights shall be directed downward on the parking lot.
•The parking lot light poles shall not exceed 40 feet in height.
•No lighting shall project into the buffer areas or spillover to adjacent property.
•There shall be no flashing sign components.
9.Parking plan for all but individual single-family residential uses.
10.Any additional information required to assess compliance with the Code of Ordinances.
11.All such information required by Section 73-8.9 Site Plan Review Process.
4.All building and development permits approved by the City shall in no case grant any building permit for the use, construction or alteration of any land or building if the land or building as proposed to be used, constructed or altered would be in violation of the provisions of this article or any other codes and laws of the city or the state, except as provided herein.
5.Requirements for moving a building. No dwelling unit or other permanent structure shall be moved within or into the City unless it is first approved, the structure must meet all the zoning standards of the district in which the structure will be located. The Public Works Director shall represent the City in all manners pertaining to the actual relocation of the structure.
73-8.9.2 Schedule of Fees, Charges, and Expenses
The Board of Aldermen shall establish a schedule of fees, charges, and expenses and a collection procedure for building permits; development permits; and rezoning, variance, and other similar applications authorized by this Chapter. The schedule of fees shall be made available to the general public and may be altered or amended only by the Board of Aldermen. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.
73-8.9.3 Building Inspector
Duties The building inspector shall with respect to this article shall include, but not be limited to:
1.The issuance of building permits in accordance with all provisions of this article.
2.Making field inspections to determine that the building or structure being constructed, reconstructed, moved or structurally altered or used is being pursued in accordance with the site plan for which a building permit has been issued. The building inspector shall issue citations when a violation is found to exist so that appropriate legal action may be taken to ensure compliance.
3.Determining, to the best of their ability, that all construction has been completed in accordance with all applicable City code requirements prior to allowing occupancy.
73-8.9.4 Certificate of Occupancy
General Provision A certificate of occupancy, issued by the Development Director, is required in advance of the uses of occupancy of:
1.Any lot or change in use thereof.
2.A building hereinafter erected or a change in the use of an existing building.
Any non-conforming use that is existing at the time of the enactment of this ordinance or amendment hereto, or any non-conforming use that is changed, extended, altered or rebuilt thereafter.