Chapter 400 — Site Development

Sec. 401.2. Compliance with ordinance.

No building, structure or premises shall be used or occupied, and no building or part of any building or other structures shall be erected, razed, moved, placed, reconstructed, extended, enlarged or altered, except in conformity with the provisions of this article.

Sec. 401.3. Withholding of approval.

No plan, use or permit request shall be approved by the Mayor and City Council, Planning and Zoning Commission, UDO Administrator, or other authorized board, commission or administrative staff until all required permits or approvals from other local, state or federal departments or agencies are received.

Sec. 401.4. - 7. Reserved.

DIVISION 2. LOT REQUIREMENTS.

Sec. 401.8. Structures per lot.

Except as otherwise provided within Sec. 401.42. or elsewhere within this UDO, only one principal building shall be permitted on each zoning lot.

No lot or lots in common ownership and no yard, court, parking area or other space shall be so divided, altered, or reduced as to make the area or space smaller than the minimum required under this UDO. If already less than the minimum size required, the area or space shall not be further divided or reduced.

Sec. 401.9. Space counted twice.

No part of a yard or any off-street parking or loading space required in connection with any building, use, or lot for the purpose of complying with the regulations of this article shall be included as part of the yard or off-street parking or loading space required for another building, use, or lot, except as specifically provided herein.

Sec. 401.10. Minimum lot frontage.

All lots and parcels shall have frontage upon and be accessed from a public right-of-way or private street easement. At a minimum, all lots shall abut a street for the minimum width requirement required by the zoning district in which it located. This restriction shall not apply to lots within the DMU Downtown Mixed Use District.

Sec. 401.11. Corner lots.

On corner lots, the minimum front yard requirement shall be met on each street in accordance with the provisions of this article. Each corner lot shall be comprised of two front yards and two side yards.

Sec. 401.12. Through lots.

On through lots, the minimum front yard requirement shall be met on each street in accordance with the provisions of this article.

Sec. 401.13. Cul-de-sac lots.

Sec. 401.14. Lots on ponds, lakes, rivers and streams.

Lots abutting or containing a pond, lake, river or stream shall comply with the following regulations:

Sec. 401.15. - 18. Reserved.

DIVISION 3. SETBACK REQUIREMENTS.

Sec. 401.19. General.

Sec. 401.20. Front setback.

All yards abutting upon a public street right-of-way or private street easement shall be considered as front yards for setback purposes, except as otherwise provided in this article.

Sec. 401.21. Front setback.

A sight triangle formed by the intersection of the street right-of-way lines and a line connecting two points located on those intersecting right-of-way lines 25 feet from the point where the right-of-way lines intersect shall be maintained at all street intersections. Within the sight triangle, signs, fences, walls, structures, benches, shrubbery or other potential obstructions to vision shall not be permitted to exceed a height of three feet, provided utility poles, street lights and street signs shall be exempt from this requirement.

Sec. 401.22. Encroachment into right-of-way.

No buildings, structures, service areas or off-street parking and loading facilities, except driveways, shall be permitted to encroach on public rights-of-way.

Sec. 401.23. Projections into required yards.

Within the DMU District (only), certain structures and architectural features may project into the required

Table shown as printed · verify at source (p. 322) ↗Copy table

1 Building code may necessitate additional fire protection. Equipment shall not be located within any easement.

2 Any covered or roofed porch, deck, patio, stoop or similar structure shall be considered part of the principal building and shall comply with the required setbacks applicable to the principal building.

Sec. 401.24. - 27. Reserved.

DIVISION 4. BUILDING REQUIREMENTS.

Sec. 401.28. Unlawful buildings and uses.

Any building, use, or lot which has been unlawfully constructed, occupied or created prior to the date of adoption of this UDO shall continue to be unlawful, unless expressly permitted by this article. Such unlawful buildings, uses or lots shall not be considered to be nonconforming buildings or uses or lots of record and shall not be afforded any protections or allowances otherwise granted to legally nonconforming buildings, uses or lots.

Sec. 401.29. Accessory buildings.

Accessory buildings and structures, as defined herein, shall be permitted as follows:

Accessory buildings on lots within nonresidential districts shall comply with all yard setback requirements for principal buildings within the district in which located.

Sec. 401.30. Restoring unsafe buildings.

Nothing in this article shall prevent the strengthening or restoration to a safe condition of any part of any building or structure declared unsafe by the Building Official, or required to comply with his lawful order;

provided, such restoration shall be subject to and completed in accordance with the adopted building codes and all other applicable ordinances. Nonconforming buildings and uses shall also be subject to the limitations as identified in this article.

DIVISION 5. STRUCTURES.

Sec. 401.35. Fences and walls.

Sec. 401.36. Height exceptions.

The UDO Administrator may grant an exemption from the height limitations of this article for the following:

Parapet walls may not exceed the height limits by more than four feet.

Sec. 401.37. Mechanical appurtenances.

DIVISION 6. USES.

Sec. 401.42. Principal use.

A lot or parcel shall not be devoted to more than one principal use, or contain more than one principal building, except for groups of multiple family buildings, commercial establishments, or industrial buildings which are determined by the UDO Administrator to be a principal use collectively, based on the following considerations:

Sec. 401.43. Similar uses.

Every type of potential use cannot be addressed in this article. Therefore, each district provides for “similar uses” referencing this section. All requests for a use not specifically addressed in any zoning district shall be submitted to the UDO Administrator for review, based on the following standards:

Sec. 401.44. Illegal dwellings.

The use of any basement or floor area below base flood elevation for dwelling purposes is prohibited in all zoning districts, unless the basement or floor area meets the applicable building code requirements.

Structures erected as garages, tents, or accessory buildings, except approved accessory dwelling units, shall not be occupied for dwelling purposes.

Sec. 401.45. Urban agriculture.

Backyard chickens, bees and potbellied pigs may be kept within the city subject to the following regulations:

The keeping of chickens is permitted on all lots zoned single-dwelling detached residential. Nothing herein shall abrogate any prohibitions or restrictions contained in private neighborhood covenants, such covenants not being subject to investigation or enforcement by the city.

Structures shall be no more than eight feet in height.

The city may require a property owner or resident to remove any and all chickens if they are not properly contained and/or maintained in the manner specified in this section.

Feed must be stored in a fully enclosed, rodent-proof container.

The keeping of bees shall be permitted in all zoning districts as follows:

The fence shall not exceed four feet in height. Said enclosure and surrounding area shall be properly maintained and kept clean so as not to become a nuisance.

Other animals may be permitted on properties that are utilized for nature and/or educational purposes as long as they do not become a nuisance to the surrounding and/or adjoining properties. On an annual basis the owners of these properties shall be required to provide a list of the animals to be kept along with a statement as to why they are being kept on the property. This provision shall be limited to those properties within the DMU-OS Zoning District and/or church or educational properties.

Sec. 401.46. Swimming pools spas and hot tubs.

provided, on corner lots, a pool may be permitted within a side yard.

This setback requirement may be modified within a Planned Unit Development.

Sec. 401.47. Storage units.

Sec. 401.48. Tents.

A nonrefundable fee, as established within the schedule of fees, shall be submitted with the application.

Sec. 401.49. Trash, litter or junk.

It shall be unlawful for any person to accumulate, place, store, allow, or permit the accumulation, placement or storage of trash, litter or junk on premises in the city, except in a lawful sanitary landfill, a lawful junkyard, or not to exceed seven days storage in watertight storage receptacles designed for the temporary accumulation of trash. Waste receptacles shall not be left unattended in any yard longer than a period of 48 hours unless they are kept or enclosed in a permanent structure designed to prevent disturbance of such receptacles by animals or severe weather conditions.

Sec. 401.50. Excavations or holes.

The construction, maintenance or existence of any unprotected, unbarricaded, open, or dangerous excavations, holes, pits, or wells, which constitute or are likely to constitute a danger or menace to the public health, safety, or welfare is hereby prohibited. This section shall not apply to the following:

Sec. 401.51. Voting place.

The provisions of this article shall not interfere with the temporary use of any property as a voting place in connection with a federal, state, county, municipal or other public election.

Sec. 401.52. - 57. Reserved.

DIVISION 7. UTILITIES AND SERVICE.

Sec. 401.58. Essential public services.

The erection, construction, alteration or maintenance of essential public services shall be permitted in any zoning district and shall be exempt from the application of this article. Buildings, parking areas and other uses or structures accessory to the essential service shall not be exempt and shall conform to all applicable ordinance requirements and procedures. This provision, however, shall not be construed to waive the rights of the city to require that specific services be installed underground.

Sec. 401.59. Water and sanitary sewer service.

No structure for human occupancy shall, after the effective date of this article, be erected, altered or moved upon any lot or premises and used, in whole or in part, for dwelling, business, industrial, institutional or recreational purposes unless provided with a safe, sanitary and potable water supply and with a safe and effective means of collection, treatment and disposal of human, domestic, commercial and industrial waste.

Such installations and facilities shall conform to the minimum requirements for such facilities as established by the city and other relevant government codes, ordinances, and standards.

ARTICLE 2. PARKING AND LOADING.

DIVISION 1. GENERAL PROVISIONS.

Sec. 402.1. Intent.

The city has determined it is necessary and desirable to enact parking and loading regulations to ensure an appropriate level of parking, loading and storage to support a variety of land uses in both residential and non-residential zoning districts; to provide appropriate site design standards to mitigate the impacts of parking lots on adjoining land uses and zoning districts; to provide specifications for vehicular site access; to reduce the amount of impervious surface, including parking lot paving in the city through tandem parking and multiple use reduction strategies; and, to protect against unnecessary reductions in green space, negative impacts on historic resources and the impairment of the urban design objectives of the city.

Sec. 402.2. Applicability.

For all buildings and uses established after the effective date of this UDO, off-street parking shall be provided as required by this article. In addition, the following shall also apply:

Sec. 402.3. Continuing character of obligations.

Sec. 402.4. - 7. Reserved.

DIVISION 2. PARKING REQUIREMENTS.

Sec. 402.8 General requirements.

Where a specific use is not identified, the UDO Administrator shall determine the most appropriate parking requirement for that use.

Sec. 402.9. Off-street automobile parking – non-residential uses.

Use Minimum number of parking spaces required Adult day center 1 per 2 residents of design capacity Animal services 1 per 250 SF of gross floor area Assisted living/memory care facility 1 per 2 residents of design capacity Automobile rental, sales and service 1 per 250 SF of gross floor area + 1 space per 5,000 SF of vehicle display area Automobile repair, garages, body shops and paint 1 per 200 SF of gross floor area devoted to office use shops Banks and financial institutions 1 per 500 SF of gross floor area Banquet or meeting hall 1 per 200 SF of gross floor area devoted to assembly Bed and breakfast 1 per rented room + 2 common spaces Building supply and sales 1 per 2,000 SF of gross floor area Child daycare facility 1 per 500 SF of gross floor area Commercial indoor/outdoor recreation facility 1 per 500 SF of gross floor area devoted to office use and/or assembly Community living arrangement 1 per 2 residents of design capacity Concrete plants and pre-cast concrete manufacturing 1 per 500 SF of gross floor area devoted to office use and sales Contractor facility 1 per 500 SF of gross floor area Convenience stores, gasoline and diesel fuel sales 1 per 250 SF of gross floor area Crematorium 1 per 500 SF of gross floor area devoted to office use Data centers and technology-related facilities 1 per 250 SF of gross floor area devoted to office use + 1 space per 2,000 SF of gross floor area of remaining building SF Dry cleaning facilities 1 per 250 SF of gross floor area Electronic equipment facilities and assembly plants 1 per 250 SF of gross floor area devoted to office use + 1 space per 2,000 SF of gross floor area of remaining building SF Event center 1 per 250 SF of gross floor area devoted to assembly Fitness club 1 per 250 SF of gross floor area Flea market 1 per 500 SF of gross floor area Freight terminal 1 per 500 SF of gross floor area Funeral home and accessory crematory 0.25 per person based on maximum occupant load (per ICC)

General retail 1 per 250 SF of gross floor area Government facility 1 per 500 SF of gross floor area Hospital 1.5 per bed Hotel 1 per guest room + 1 space per 250 SF of gross floor area devoted to common use (lobby, eating areas, meeting rooms, etc.)

Life science-related facilities 1 per 250 SF of gross floor area devoted to office use + 1 space per 2,000 SF of gross floor area of remaining building SF Locksmiths and gunsmiths, no firing range 1 per 500 SF of gross floor area Machine shops and related activities 1 per 500 SF of gross floor area Manufacturing, processing and packaging facilities 1 per 250 SF of gross floor area devoted to office use + 1 space per 2,000 SF of gross floor area of remaining building SF Medical and dental offices, clinics and laboratories 1 per 250 SF of gross floor area Medical supplies and sales 1 per 500 SF of gross floor area Microbrewery 1 per 250 SF of gross floor area devoted to assembly Micro-producers of beer, wine and spirits 1 per 250 SF of gross floor area devoted to assembly Mini-warehouse/self-storage 5 spaces + 0.01 space per storage unit Narcotic treatment center 1 per 2 residents of design capacity Nurseries and greenhouses 1 per 500 SF of gross floor area Office, professional 1 per 250 SF of gross floor area Optometry and vision care facilities 1 per 250 SF of gross floor area Outdoor storage 1 per 1,000 SF devoted to outdoor storage Pawn shop 1 per 500 SF of gross floor area Personal care home 1 per 2 residents of design capacity Personal services 1 per 250 SF of gross floor area Pharmacy 1 per 250 SF of gross floor area Place of public worship and general places of assembly 1 per 250 SF of gross floor area devoted to assembly Radio and television studios or other broadcast media 1 per 500 SF of gross floor area Redi-mix concrete plants and concrete manufacturing 1 per 500 SF of gross floor area devoted to office use Research and testing facilities and laboratories 1 per 250 SF of gross floor area devoted to office use + 1 space per 2,000 SF of gross floor area of remaining building SF Restaurant 1 per 200 SF of gross floor area of the building + outside dining areas Restaurant with a drive-thru 1 per 100 SF of gross floor area of the building + outside dining areas Salvage or impound operations 1 per 1,000 SF devoted to outside storage School (K-12), private 2 per classroom for kindergarten, elementary and junior high school + 6 per classroom for high school School (K-12), public 2 per classroom for kindergarten, elementary and junior high school + 6 per classroom for high school School, college or university 1 per 500 SF of gross floor area School, specialized training 1 per 500 SF of gross floor area Sexually-oriented business 1 per 250 SF of gross floor area Skilled nursing facility 1 per 2 residents of design capacity Tap house/brew pub/wine bar 1 per 250 SF devoted to assembly Theatre 1 per 4 fixed seats Transportation terminal for freight 1 per 1,000 SF of area devoted to outside storage Vehicle repair 1 per 250 SF of gross floor area Vehicle wash 1 per drying/service bay Vehicle wash, trucks and heavy equipment 1 per 250 SF of gross floor area devoted to office use Veterinary clinics, hospitals, laboratories, animal shelters, commercial kennels and dog daycare and 1 per 500 SF of gross floor area boarding facilities Warehousing 1 per 250 SF of gross floor area devoted to office use + 1 space per 2,000 SF of gross floor area of remaining building SF Waste management and recycling facility 1 per 500 SF of gross floor area devoted to office use Wholesale and distribution 1 per 250 SF of gross floor area devoted to office use + 1 space per 2,000 SF of gross floor area of remaining building SF Wholesaling/warehousing with office space, no outdoor 1 per 250 SF of gross floor area devoted to office use + 1 space storage per 2,000 SF of gross floor area of remaining building SF

The applicant must demonstrate each of the following conditions are met:

Sec. 402.10. Off-street automobile parking – residential uses.

Use Minimum number of parking spaces required Accessory dwelling unit 1 per unit Carriage House 1 per unit Cottage Court 1.5 per unit Duplex 2 per unit Live/work building 2 per unit + 1 per employee not living in the building Multi-family 1 per unit in the DMU districts only 2 per unit in all other districts Multi-family (age-restricted) 1 per unit in the DMU districts only 1 per unit + 1 per employee on the largest shift in all other districts Multiplex (Fourplex) 2 per unit Multi-plex (five to twelve units) 2 per unit Single-family dwelling 2 per unit Townhouse (attached) 2 per unit Townhouse (stacked) 2 per unit Courtyard building 2 per unit

Driveways on residential lots shall comply with the following:

Driveways shall be located primarily in front of the garage or to the side of the principal building and shall not encroach into the yard area located in front of the remaining part of the principal building.

Driveways shall be located no closer than 5’ from the side property line unless being utilized as a shared driveway.

No portion of a driveway shall be located within a recorded utility or drainage easement.

Parking pads on residential lots shall comply with the following:

If provided, parking pads shall be located between the edge of the driveway and the side or rear property line and shall not encroach into the sidewalk or yard area located in front of the remaining part of the principal building.

Parking pads shall be located no closer than 5’ from any abutting property line.

No portion of a parking pad shall be located within a recorded utility or drainage easement.

Sec. 402.11. - 12. Reserved.

DIVISION 3. PARKING LOT DESIGN PRINCIPLES.

Sec. 402.13. Pedestrian access.

Parking lots shall be designed to allow pedestrians to move from their vehicles safely to the building as follows:

Sec. 402.14. Location.

Sec. 402.15. Shared/common parking.

provided, the church, place of worship or similar facility makes the spaces available, and there is no conflict between peak times when the uses are in need of the parking facilities.

and

Sec. 402.16. On-street parking.

Where on-street parking is available within 400 feet of the boundary of a lot or parcel, a portion of the off-street parking requirement may be waived by the Planning and Zoning Commission upon determining that one or more of the following conditions is applicable:

Sec. 402.17. Structured parking.

Sec. 402.18. Bicycle parking.

Bicycle parking shall be provided for all new development within the downtown mixed-use district as follows:

and

Sec. 402.19. - 22. Reserved.

DIVISION 4. PARKING LOT DESIGN STANDARDS.

Sec. 402.23. Dimensions.

Parking space and aisle dimensions shall meet the following requirements:

Minimum parking space dimensions Total width Parking pattern Parking space Interior driveway (two rows of parking + interior driveway)

Width Length One-way Two-way One-way Two-way 0° (parallel) 8’ 22’ 12’ 24’ 28’ 40’

compact 8’ 20’ 28’ 40’

45° (angle) 9’ 18’ 12’ 24’ 48’ 60’

compact 8’ 16’ 44’ 60’

60° (angle) 9’ 20’ 12’ 24’ 55’ 64’

compact 8’ 16’ 44’ 56’

90° 9’ 18’ 24’ 24’ 60’ 60’

compact 8’ 16’ 56’ 56’

Sec. 402.24. Fire lanes.

Fire lanes shall be no less than 12 feet in width and located within the traffic lane closest to the building and other structures unless otherwise designated by the Fire Marshal.

Fire lanes shall be designated on the site and posted with appropriate signage prior to building occupancy.

Vehicle circulation shall meet turning radius requirements as established by the fire department during the site plan review process.

Sec. 402.25. Barrier free parking.

Within each parking lot, signed and marked barrier free spaces shall be provided at a convenient location, in accordance with the applicable requirements of the Americans with Disabilities Act of 1990 (ADA). Barrier free spaces shall be located as close as possible to building entrances. Where a curb exists between a parking lot surface and a sidewalk entrance, an inclined approach or curb cut with a gradient of not more than a 1:12 slope and width of a minimum four feet shall be provided for wheelchair access.

Sec. 402.26. Planting islands.

Parking lots shall be designed such that no more than 15 parking spaces are located in a continuous row without the provision of a planting island. Planting island shall be provides as follows:

Sec. 402.27. Pavement.

Sec. 402.28. Pervious paving.

Recommended pervious paving materials include those described in Volume 2 of Georgia Stormwater Management Manual Technical Handbook (as amended), as the porous concrete or modular porous paver systems under the limited application stormwater structural controls as follows:

degree pattern may permit two-way movement.

Sec. 402.29. Curbing.

Parking lots designed to accommodate 20 or more spaces should be designed with curb and gutter to protect landscaped areas, sidewalks, buildings or adjacent property from vehicles that might otherwise extend beyond the edge of the parking lot. The extent of curb and gutter shall be determined during the development plan review process.

Sec. 402.30. Crosswalks.

Pedestrian pathways and crosswalks in parking areas shall be distinguished from driving surfaces through the use of durable, low-maintenance, surface materials such as pavers, bricks, or scored, stamped or colored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the parking area.

Sec. 402.31. Drive-through lanes and stacking area.

Lanes associated with a drive through window shall be considered part of the principal building when determining building location. For purposes of this section the lanes used for access to drive through window service to any building shall be considered a portion of the structure of the building and said drive-through lanes shall not infringe beyond the building setback lines required for the district in which the zoning lot is located.

Waiting/stacking spaces for drive-through uses (such as banks, restaurants, car washes, pharmacies, dry cleaners and oil change establishments) shall be at least 24 feet long and ten feet wide. Stacking spaces shall not block required off-street parking spaces. Where the drive-through waiting lane provides for a single lane for five or more vehicles an escape/by-pass lane shall be provided to allow vehicles to exit the waiting lane.

Sec. 402.32. Ingress and egress.

Adequate vehicular ingress and egress to the parking area shall be provided by means of clearly limited and defined drives. All parking lots shall provide interior access and circulation aisles for all parking spaces. The use of public streets for maneuvering into or out of off-street parking spaces shall be prohibited.

Sec. 402.33. Access through residential districts.

Ingress and egress to a parking lot in a non-residential zoning district shall not be through a residential district, except in instances where access is provided by means of an alley that forms the boundary between a residential and non-residential district or if specifically authorized by the Mayor and City Council after a public hearing.

Sec. 402.34. Landscaping.

Off-street parking areas shall be landscaped and/or screened, in accordance with Sec. 401-13 of this UDO.

The use of rain gardens and other low impact design solutions to minimize the impact of stormwater runoff is encouraged.

Sec. 402.35. Lighting.

A lighting plan shall be provided for all non-single family developments of one acre or more in size. The plan and supporting documentation shall be prepared in accordance with the provisions in Article 5 of this Chapter.

Sec. 402.36. Charging stations.

Designated parking spaces with electrical charging stations may be located within a parking lot and shall be the same size parking space required by this article. Charging stations may satisfy up to ten percent of the minimum parking requirement for a particular development.

Sec. 402.37. Limitations on use of parking lots.

Sec. 402.38. - 41. Reserved.

DIVISION 5. OFF-STREET LOADING REQUIREMENTS.

Sec. 402.42. Uses requiring loading area.

On the same premises with every building, structure or part thereof, erected and occupied for manufacturing, storage, warehousing, retails sales, consumer services or other uses similarly involving the receipt or distribution of vehicles, materials or merchandise, there shall be provided and maintained on the lot adequate space for standing, loading and unloading services in order to avoid undue interference with public use of the streets, alleys and parking spaces. This provision shall not apply to retail sales and consumer service uses of less than 10,000 square feet.

Sec. 402.43. Loading area requirements.

Loading and unloading spaces shall be paved and measure no less than ten feet by fifty feet, with fifteen foot high clearance, or as approved by the Fire Marshal, in accordance with the following schedule:

Minimum off-street loading requirements Building net GFA Minimum truck loading spaces 1 - 25,000 SF 1 space 25,001 - 40,000 SF 2 spaces 40,001 - 100,000 SF 3 spaces 100,001 - 160,000 SF 4 spaces < 160,000 SF 5 spaces, plus 1 space for each 80,000 sq. ft. in excess of 240,000 square feet (or fraction greater than ½)

Sec. 402.44. Orientation of overhead doors.

Except within industrial zoning districts, overhead doors for truck loading areas shall not face a public right-of-way and shall be screened to not be visible from a public street or an adjoining residential district.

Sec. 402.45. Proximity to residential uses.

Loading and unloading spaces shall not be located closer than 50 feet to any residential district boundary, unless the spaces are wholly within a completely enclosed building or completely screened from the residential district by an approved solid, sight-obscuring wall or fence at least six feet in height.

Sec. 402.46. - 49. Reserved.

DIVISION 6. PARKING RESTRICTIONS.

Sec. 402.50. Single-family residential.

Sec. 402.51. Parking, repair and storage.

Sec. 402.52. Recreational vehicles.

Recreational vehicles may be located outside an enclosed building on any lot within a residential district;

provided, the vehicle is on a hard-surfaced area suitable for that purpose and is screened from view of adjoining properties.

provided, the recreational vehicle contains sleeping accommodations and is solely for the use of the owner of the lot or guests of the owner.

Sec. 402.53. Tractor trucks.

No person shall park or store any truck tractor trailer, semi-trailer, or any motor vehicle having in excess of two axles in a residential district for longer than two hours.

Sec. 402.54. Commercial vehicles.

cars, automobiles, trucks, trailers, boats, airplanes, motorcycles, golf carts, campers, recreation vehicles, buses.

Sec. 402.55. Overnight parking.

It shall be unlawful for the owner or driver of a commercial vehicle to park said vehicle overnight between the hours of 11:00 PM - 7:00 PM on any public street within the city unless the street is posted with a sign as authorized by the Mayor and City Council, which sign allows or authorizes parking of vehicles overnight.

DIVISION 1. GENERAL PROVISIONS.

Sec. 403.1. Intent.

The city has determined it is necessary and desirable to enact landscaping and tree preservation regulations for the protection of the public health, safety and welfare. The importance of plant material is recognized by the city for its contribution to shade, cooling, noise and wind reduction, soil erosion prevention, oxygen production, dust filtration, carbon dioxide absorption, aesthetic and economic enhancement of all real property, and its contribution to the general well-being and quality of life of the citizens and visitors.

Consistent with the expressed purpose of this article, all persons shall make reasonable efforts to preserve and retain certain existing, self-supporting trees as defined in these regulations. In order to achieve these purposes, this article calls for the conservation, planting and replacement of trees, shrubs and groundcover without denying the reasonable use and enjoyment of real property.

Sec. 403.2. Applicability.

This article shall apply to all activity within the city requiring a land disturbance or soil erosion and sediment control permit, unless specifically exempted. For those activities exempted by this article, tree preservation and best practices are strongly encouraged to uphold the intent of this article.

Sec. 403.3. Exemptions.

Proof of a certified arborist’s determination is required, in order to avoid penalties for tree removal;

Sec. 403.4. - 7. Reserved.

DIVISION 2. TREE PROTECTION STANDARDS.

Sec. 403.8. Specimen trees.

A specimen tree is any tree or grouping of trees which has been determined to be of high value because of its species, size, age, location, or historic value. General criteria for the determination of specimen trees are:

Sec. 403.9. Preservation of specimen trees.

It shall be unlawful for any person or corporation to remove or cause the removal of any specimen tree without having first received approval, either through the site plan review process, in the case of new development, or in the form of a tree-removal permit.

When site plan review by the Planning and Zoning Commission is required for any development, the location of all specimen trees shall be shown on all site plans by location, species and size. The site plans shall be submitted to the UDO Administrator for evaluation and recommendation before submission to the Planning and Zoning Commission. All site plans shall also include those requirements listed under tree removal application requirements herein. Approval of a development plan and/or construction plan shall constitute approval for removal of any specimen trees impacted by development on the site plan.

The application for a tree removal permit shall be on a form provided by the Community and Economic Development Department for this purpose. An application for the removal of any specimen tree on public or private property shall include the following:

Sec. 403.10. Action on application.

The UDO Administrator may approve an application for the removal of a specimen tree provided at least one of the following conditions are met:

1.

Sec. 403.11. Application not required, when.

Approval for removing a specimen tree shall not be required when at least one of the following conditions is met:

Sec. 403.12. Enforcement.

Sec. 403.13. Deforestation prohibited.

Deforestation on non-exempt properties is strictly prohibited. Any person, or entity responsible for the deforestation of a site shall be subject to the maximum penalties allowed under this article. Additionally, any site, which includes exempt and non-exempt properties, that has been deforested shall not be eligible to apply for a development permit, a building permit, rezoning, or annexation into the city for a period of three years from the date that the deforestation occurred. For purposes of this paragraph the last date of deforestation shall be the last day in which a forestry operation is conducted. The property owner who conducts a forestry operation within the city shall be required, within 30 days of the last day of deforestation, to deliver to the UDO Administrator a written notice setting forth the last date of deforestation and the identity and location of the property deforested. Upon a property owner failing to timely notify the UDO Administrator as provided above, the UDO Administrator shall establish the last day of deforestation based upon the best information available, which estimated date shall not be rebuttable. For purposes hereof forestry operation shall include, but is not limited to, the harvesting of 40 percent or more of the trees measuring eight inches DBH and larger on any property or development site. For purposes of this paragraph, the term site shall encompass and include any and all property within the city without regard to any possible exemption.

Sec. 403.14. Treatment and removal of infected and infested trees.

If any tree on public property is infested with insects or infected with a disease detrimental to surrounding vegetation, the city may remove the tree and otherwise control such infection and infestation.

It shall be the responsibility of any person having trees on his property to treat and/or remove any infected or infested tree.

Sec. 403.15. - 18. Reserved.

Sec. 403.19. Site design.

While all types of trees are protected under these standards, special emphasis is placed on preservation of large trees and certain significant and more valued species listed herein. The highest site design priority shall be given to preservation of hardwood trees with a DBH of 26 inches or larger. Removal of these valued trees is highly discouraged, and will only be approved upon the determination of the Planning and Zoning Commission that all responsible design alternatives have been explored by the applicant and removal cannot be avoided.

The placement of grade changes and building pads shall respect existing specimen trees. Under no circumstance shall a grade change be allowed to intrude upon the critical root zone of a specimen or preserved tree. For development sites that do not contain any or very few of these significant trees, design emphasis should be shifted to preserving other species present.

Sec. 403.20. Tree replacement requirements.

Sec. 403.21. Credit for preservation of existing vegetation.

For those developments that designate and maintain tree save areas other than vegetation located within required buffers or areas identified for future development, the Planning and Zoning Commission may permit up to a 25 percent reduction in the total number of trees required by this article as follows:

Total project site = 1.4 acres Total SF of project site = 1.4 x 43,560 = 60,984 SF Total tree save area = 0.15 acres Total SF of tree save area = 0.15 x 43,560 = 6,534 SF Tree save credit = (total SF of tree save area/ Total SF of project site) x 100 Tree save credit = (6,534/ 60,984) x 100 = 10.7% Based on this example the Applicant may request up to 11% tree save credit for the property.

Sec. 403.22. Parking lot landscaping requirements.

The perimeter of all parking lots shall be landscaped with evergreen plant material.

Sec. 403.23. Foundation planting.

Sec. 403.24. Irrigation.

Sec. 403.25. - 29. Reserved.

Sec. 403.30. Purpose.

The purpose of this section is to provide for street trees along public and private streets within the city to ensure a pedestrian friendly environment along with providing distinct aesthetic, economic and environmental significance, and value as a future natural resource to the city.

Sec. 403.31. Spacing and location of street trees.

Street trees shall be provided on both sides of all new public streets within the city and shall be located no closer than 12 feet from the back of curb or edge of pavement as follows:

Sec. 403.32. Tree replacement on residential lots.

In an effort to replenish the urban tree canopy in areas of new residential development, each new residential lot created shall provide canopy trees in accordance with the following schedule:

Required number of canopy trees Lot size (SF) Front yard Rear yard

10,000 or less                                          1                              1

10,001 –15,000                                          1                              2

15,001 – 20,000                                         2                              2

20,001 or greater                                       3                              3

This requirement does not apply to new residential lots located within the R-6 and R-8 Residential zoning districts. Subdivisions within those zoning districts are subject to the development of a master landscape plan for the overall development.

In all residential zoning districts, street trees installed as a part of the overall development may be counted towards the tree replacement requirements when those trees are located within or adjacent to the individual lot.

Sec. 403.33. Existing trees.

The use of existing trees to satisfy this requirement is encouraged. Supplemental plantings may be required in the addition to native material. Existing canopy trees over 6 inches in caliper may be counted towards fulfilling this requirement. Required street trees may not be counted towards the fulfillment of this requirement.

Sec. 403.34. Location and spacing.

All trees required within this section shall be planted within the private lot and must be spaced at a width sufficient to accommodate mature growth.

Sec. 403.35. - 38. Reserved.

DIVISION 5. BUFFER REQUIREMENTS.

Sec. 403.39. Highway buffers.

Highway buffers shall be incorporated into the development or redevelopment of all retail, commercial, office and/or industrial tracts adjoining the rights-of-way of State Highways 85, 54, 92, 314 and Jimmie Mayfield Boulevard. Said buffers shall be subject to the tree preservation requirements and all other applicable provisions of this article. No existing trees shall be removed from highway buffer on any lot or parcel developed prior to the adoption of this article, except as otherwise permitted.

Zoning district Buffer width (min.)

DMU-HC 5’ - 25’

DMU-MUC 5’ - 25’

DMU-GC 25’

DMU-MUN 5’ - 25’

DMU-BC 5’ - 25’

DMU-TR 5’ - 25’

DMU-NR 25’

DMU-OS 25’

The UDO Administrator may require additional vegetation to assist in re-naturalizing areas which visually impact public rights-of-way. The intent of this requirement is to supplement tree replacement requirements with smaller plant material (one-gallon minimum) in buffer areas that are void of vegetation.

Sec. 403.40. Buffer zones between dissimilar zoning districts.

Table shown as printed · verify at source (p. 355) ↗Copy table

Right-of-way width Minimum buffer width Less than 50’ 20’ undisturbed 51 - 60’ 15’ undisturbed 61’ and greater 10’ undisturbed

Sec. 403.41. Buffer screening standards.

Screening is a method of visually shielding or obscuring one use from another by fences, walls, berms or densely planted vegetation. The buffer may consist of a combination of required plantings, wall, screen fence or berms. In the event walls, fences or berms are used to provide screening within the buffer, the Planning and Zoning Commission may reduce the required number of trees and shrubs by up to 50 percent, if it is determined that the purpose of the buffer will still be achieved. However, where topographic conditions, minimal separation of uses, noise generation or other characteristics of the property or use exist, the Planning and Zoning Commission may require construction of a fence, wall or berm in addition to the required plantings along all or a portion of the buffer.

The spacing of evergreens shall be such that within three years the plantings can be expected to provide a continuous opaque screen.

Masonry or stone walls incorporated into the buffer shall be constructed of durable material and shall not exceed six feet in height. The wall shall be placed along the interior side of the buffer with the required plantings on the outer side facing the adjoining property.

Earthen berms, if incorporated into the buffer, shall have a maximum slope of 3:1 and a flat-topped crown at least two feet in width. Plant material shall be placed along the top of the berm and the side slope facing the adjoining property. Berms shall be constructed with a height no greater than six feet and shall be undulated to provide a natural appearance.

Sec. 403.42. Buffer design.

All buffers required by this article shall conform to the following specifications:

Sec. 403.43. Modification of requirements.

The requirements of this article may be waived or modified by the Planning and Zoning Commission under any of the following conditions:

Sec. 403.44. Use of buffers.

Except as described in Sec. 404.39, buffers may be used for passive recreation including, but not limited to, sidewalks, multi-use paths, side paths, equestrian trails, or as stormwater retention, detention and/or water quality area provided that:

Sec. 403.45. Maintenance.

In those situations where the buffer is not maintained by a community or homeowner association, the owner of the property on which the buffer is located shall be responsible for maintenance of the buffer area to include, but not be limited to, mowing, removal of litter, removal and replacement of dead or diseased plant materials, and necessary pruning. Fences and walls shall be kept in a condition that meets the requirements of this article.

Sec. 403.46. Failure to comply.

Any failure to comply with the requirements of this article shall be subject to the enforcement and penalty provisions established within Sec. 103-4.

Sec. 403.47. Surety for buffer installation.

When the date for issuing a certificate of occupancy does not coincide with the seasonal planting conditions necessary to install a required buffer, the UDO Administrator may accept a surety for plant material proposed for the buffer. Such surety shall be considered to be part of the tree and landscape performance bond required by this article. Acceptance of a surety in no way alleviates the requirement to stabilize the entire buffer.

Sec. 403.48. Notice to purchasers.

When any lot that requires a buffer under this section is conveyed to the initial purchaser, the developer shall include in the deed or other instrument of conveyance a covenant which shall run with the land.

Sec. 403.49. - 52. Reserved.

DIVISION 6. LANDSCAPE PLAN SUBMITTAL REQUIREMENTS.

Sec. 403.53. Landscape plan required.

A landscape plan shall be provided for all new retail, commercial or industrial development and shall be included as a part of the development plan submittal package.

The plan shall be prepared and/or signed and sealed by a Registered Landscape Architect licensed to practice in the state of Georgia and, at a minimum, shall include the following:

Total SF Total acreage Total site area Total unbuildable area:

Total SF Total acreage Buildings, accessory structures, etc.

Drives, parking, service courts, etc.

Sidewalks, outdoor patios, etc.

Detention areas Total impervious area

Sec. 403.54. - 57. Reserved.

DIVISION 7. LANDSCAPE PLAN NOTES.

Sec. 403.58. Landscape notes required.

The following notes shall be required on all landscape plans submitted for review and approval:

Property shall be kept free from refuse and debris. Planting beds shall be mulched with a minimum of three inches of fresh mulch at least once each year to prevent weed growth and to maintain soil moisture. Plant materials shall be pruned as necessary to maintain good health and character. Turf areas shall be mowed periodically. All roadways, curbs and sidewalks shall be edged when necessary in order to prevent encroachment from adjacent grassed areas.

Failure to maintain all plantings in accordance with this plan shall constitute a violation of this article and shall result in issuance of appropriate citations and/or fines.

Except for trimming and pruning done in strict accordance with the terms, conditions and provisions of a permit issued by the city, vegetation shall not be cut or severely pruned or otherwise damaged so that their natural form is impaired. A violation of this section shall subject the violator to a fine as specified herein. In addition to this fine, the owner of the property where a violation has occurred shall be required to replace each unlawfully pruned, damaged, or removed tree with a tree of equal size as determined by the city.

Sec. 403.59. - 62. Reserved.

DIVISION 8. INSTALLATION AND APPROVAL PROCESS.

Sec. 403.63. Installation requirements.

All landscaping identified on the approved landscape plan shall be installed prior to the issuance of a certificate of occupancy unless the following criteria are met:

Sec. 403.64. Landscape bond requirements.

In order to insure the survival of required replacement trees and shrubs, said plant materials may, at the discretion of the UDO Administrator, be bonded under the following circumstances:

The UDO Administrator shall conduct a final inspection of trees, shrubs and other landscaping for completeness and to ensure the plant material is consistent with what was shown on the approved landscape plan. Should there be a discrepancy the applicant and/or Landscape Architect may be required to submit an as-built landscape plan prior to issuance of a certificate of occupancy.

Sec. 403.65. - 68. Reserved.

DIVISION 9. EXEMPT ACTIVITIES.

Sec. 403.69. General.

The following shall be exempt from the provisions of this article:

Sec. 403.70. Pruning.

The following activities shall be exempt from the trimming and pruning regulations of this article:

Elsewhere trenching is allowed no closer to a tree’s trunk than 75 percent of the dripline radius;

Sec. 403.71. - 74. Reserved.

DIVISION 11. WAIVERS AND MODIFICATIONS.

Sec. 403.75. Waivers permitted.

In accordance with the provisions within Sec. 104-18.D, any person affected by this article may petition the Planning and Zoning Commission for a variance from the strict application of this ordinance as follows:

Sec. 403.76. Violations and penalties.

Property in violation of this article shall be subject to a notice of violation, citation, stop work order and/or fines and penalties as established by the Mayor and City Council, with the amount being determined by the municipal court judge, until such time as the remedial actions have been satisfied.

Where trees, shrubs, etc., have been removed in violation of this article, the city may recommend to the municipal court judge that, in addition to the fines imposed by the court, replacement plant material should be planted on-site or off-site at the discretion of the UDO Administrator.

Sec. 403.77. - 80. Reserved.

DIVISION 12. ALTERNATIVE COMPLIANCE.

Sec. 403.81. Overview.

In those instances where the available land within a project site cannot bear the total number of replacement trees required by this article, the applicant may request to participate in the city’s alternative compliance program. Alternative compliance shall be limited to either an off-site planting program or a monetary contribution to the city’s landscape and reforestation fund as described herein.

Consideration of alternative compliance shall adhere to the following guidelines:

The remaining trees shall be considered for alternative compliance;

Sec. 403.82. Off-site planting program.

Off-site planting provides an opportunity to utilize canopy and understory trees to re-vegetate city-owned property, open space, recreation facilities and road rights-of-way. Off-site plantings shall be permitted on city-owned property only. Locations for off-site plantings and species of trees shall be identified by the UDO Administrator prior to preparation of the off-site planting plan.

Off-site planting shall be considered in accordance with the following guidelines:

The following note shall be provided on the approved off-site planting plan:

“The plant material identified on this plan was approved by the UDO Administrator in accordance with the city’s off-site planting program. Along with the approved landscape plan, it is understood this off-site planting fulfills the tree replacement requirements for the ______ development located at _______ as established by the city’s landscape ordinance.”

The off-site planting plan shall be attached to the approved landscape plan and shall be maintained by the UDO Administrator.

Sec. 403.83. Landscape and reforestation fund.

There is hereby established a landscape and reforestation fund that shall receive payments made by property owners in lieu of planting additional trees as approved by the UDO Administrator, in addition to forfeited landscape bonds and forfeited escrow funds for landscaping. Funds in the landscape and reforestation fund shall be administered by the UDO Administrator. Where it is determined by the UDO Administrator that it is impractical or impossible to fully meet the tree replacement requirements for a site as defined herein, the portion of the trees that cannot be accommodated on the site may be satisfied by a payment into the landscape and reforestation fund.

Payment into the tree fund shall be made prior to the issuance of a certificate of occupancy. The amount of the payment shall be calculated based on the cost of purchase and installation of the additional trees, and verified by the UDO Administrator.

The landscape and reforestation fund shall be available for use by the city for the establishment, maintenance, improvement and expansion of tree canopy cover on public property. The expenditure of landscape and reforestation funds shall be permitted for various activities related to tree conservation including purchase of trees at least two caliper inches in size, planting of trees, maintenance of trees during the establishment period, and purchase of appropriately forested greenspace.

Sec. 403.84. - 87. Landscape and reforestation fund.

DIVISION 13. TREE PROTECTION ON PUBLIC PROPERTY.

Sec. 403.88. Purpose.

The purpose of this ordinance is to provide for the protection, management, removal, and replacement of trees on public property and public rights of way.

Sec. 403.89. Public tree protection and care .

Sec. 403.90. Duties of the UDO Administrator.

The UDO Administrator, when necessary, shall issue permits, inspect work, require certain work to be performed, and enforce the provisions of this ordinance as it pertains to city trees.

Sec. 403.91. Standards of care.

Before a contract may be issued for any tree work on public property, each contractor shall first file evidence of possession of liability insurance in the minimum amount as identified by the city for property damage indemnifying the city or any person injured or damaged resulting from the pursuit of such endeavors, as herein described.

The center of each street tree other than those species listed as small trees in the Official Street Tree List may be planted under or within ten (10) lateral feet from any overhead utility line; or over or within five

All trees not defined as “understory” or “small” pursuant to the Georgia Forestry Commission’s “Recommended Tree Species for Urban and Community Forest Sustainability” that are to be planted in an area that measures less than 5’ in width and located between a street and a sidewalk, shall be installed with a plastic root barrier as approved by the UDO Administrator. At a minimum, said root barrier shall be no less than 3’ in depth and buried along the edge of the sidewalk unless approved by the UDO Administrator.

It shall be prohibited as normal practice for any person, entity, company, or organization to trench, grade, clear, or fill within the critical root zone of any city tree without the expressed approval of the UDO Administrator.

It may become necessary, from time to time, for emergency crews to prune or remove trees to provide for public safety or restore phone or electrical service. Such action may be conducted by government, emergency or utility crews without adherence to this ordinance to allow immediate action to prevent damage or correct a condition which may pose a hazard to life or property. The UDO Administrator shall be notified of any such action within 24 hours of the action being initiated, by the entity taking such action, for each instance of action.

There is hereby created and established a City of Fayetteville Tree Board (Tree Board), whose responsibility shall be to provide recommendations to city officials regarding the planting, maintenance and protection of trees on public property. When requested, the Tree Board shall consider, investigate, make findings, report, and recommend upon any special matter or question coming within the scope of its work. It shall be the responsibility of the Tree Board to assist the city in programs to protect and maintain existing trees and green spaces.

The owner of any property adjoining a street, avenue, alley or other right-of-way within the city may plant a street tree if the street tree meets all the requirements of this ordinance or the street tree is approved by the UDO Administrator prior to its planting.

Hereafter all tree planting projects on public property shall consist of species found on the Georgia Forestry Commission’s “Recommended Tree Species for Urban and Community Forest Sustainability.”

Hereafter all tree planting projects on public property shall not consist of species found in the Invasive Plant List published by the Georgia Invasive Species Council

Any tree planted before the effective date of this ordinance, as it exists or may hereinafter be amended, shall not be subject to standards and requirements of the ordinance. These standards and requirements shall apply only to plantings, pruning, maintenance, or tree removals that occur on or after the date this section becomes effective.

ARTICLE 4. BUILDING MATERIALS AND DESIGN.

DIVISION 1. GENERAL PROVISIONS.

Sec. 404.1. Purpose.

The purpose of this article is to provide design standards and related provisions for exterior building materials for commercial, office and industrial uses to enhance the quality of development, thereby improving property values, stimulating investment in various business districts, encouraging quality industrial and research and development projects, improving the pedestrian environment of the city, and enhancing the quality of life for the residents of the city. The provisions of this article are intended to promote quality architecture to ensure that buildings retain their value, investments by adjacent landowners are protected, development blends harmoniously with the streetscape, and a positive image is created and retained within business and employment districts.

Sec. 404.2. Applicability.

This article shall apply to the development or redevelopment of all retail, commercial, office and/or industrial tracts lying within 500 feet of the centerline of State Highways 85, 54, 92, 314 and Jimmie Mayfield Boulevard.

New development and/or changes to existing development located within these areas shall be reviewed by the Planning and Zoning Commission for compliance with these guidelines. There shall be no alteration of the existing condition of land, uses, structures, landscaping or lighting within these areas without approval of the Planning and Zoning Commission. If a proposed development will not be visible from the road once the project is completed, the applicant may request that the Planning and Zoning Commission waive these requirements.

The compatible relationship of each development within these areas is of critical public concern for any building or site enhancements. The intent of design review is not to stifle innovative site planning, engineering, or architectural design but to assure respect for and reduce incompatible and adverse impacts on the visual experience. The Planning and Zoning Commission shall solely base their review on the guidelines established herein.

Sec. 404.3. Downtown Mixed Use District.

This article shall not apply to any buildings located within the DMU Downtown Mixed Use District. Building materials and design standards for that district are established within Sec. 203.20.

Sec. 404.4. - 7. Reserved.

DIVISION 2. ARCHITECTURAL DESIGN STANDARDS.

Sec. 404.8. Design standards.

Design compatibility includes complementary building style, form, size, color, materials, and detailing.

Buildings design should take into account the following design principles:

Buildings shall have a distinct “base” at the ground level by using articulation and materials such as stone, masonry, or decorative concrete. Distinction of the base may also be defined by windows, alcoves, water tables, a change in materials, texture or color, building overhangs, canopies, awnings, or other architectural elements. For multi-story buildings, a base may be one story tall, defined by a storefront, a cornice, or a change in materials.

The middle of the building must be made distinct by change in building materials and/or color, windows, balconies, recessed panels, step backs, or other decorative features. The middle of a building typically consists of a pattern of upper-story windows.

The “top” of the building shall emphasize a distinct profile or outline with elements such as projecting parapets, cornices, upper level setbacks, or pitched rooflines.

The Planning and Zoning Commission may waive or modify the material requirements of this article if it finds a proposed building design and materials or combinations of materials are in keeping with the purpose of this article. Durability and sustainability are priorities. The Planning and Zoning Commission shall also consider the established or desired character of the area, visibility of the site, proposed landscaping, building scale, and design recommendations of the comprehensive plan. Acceptable substitute materials may include tilt-up panels, split-face block and similar high quality, durable and aesthetically compatible materials. However, metal siding and plain concrete block shall not be permitted.

A maximum of three predominant colors should be designated as a primary unifying element. Accent colors should not be considered predominant colors. Flexibility may be used to allow additional colors and/or a range of predominant colors provided that these colors are in the same family of colors or are similar to each other. Any color specified as a primary unifying element shall be dominant in the building facade.

Accent colors may be used as a secondary unifying element provided they are used throughout the development.

The use of awnings on buildings is encouraged to provide protection from sun, wind, and rain, and to improve aesthetics of the building exterior. It is recommended that awnings be constructed with a durable frame and covered by a heavy-gauge fabric or canvas material. Aluminum and other metal canopies are acceptable in most instances, particularly when integrated into shopping center designs.

Sec. 404.9. - 12. Reserved.

DIVISION 3. SCREENING OF UTILITIES AND TRASH ENCLOSURES.

Sec. 404.13. Design standards.

Where utilities and mechanical equipment are visible from the right-of-way or from adjoining property, they shall be screened in accordance with the following:

Donation bins, trash containment devices, compactors, dumpsters, grease receptacles and/or recycling areas shall be enclosed with a masonry wall and located so as not to be visible from the adjoining streets and/or properties, as follows:

The location of the trash or utility enclosure shall be identified on the conceptual site plan; and Trash or utility enclosures shall be limited to the rear or side yard of the development site.

Access to trash or utility enclosures shall be designed to limit the potential of damage to automobiles by service vehicles.

Trash or utility enclosures shall include a solid base constructed of no less than six inches of reinforced concrete and measuring no less than nine feet by nine feet.

The concrete base shall extend 12 feet beyond the front of the enclosure to support the service vehicle.

The Planning and Zoning Commission may waive the requirement for a trash or utility enclosure for businesses, such as banks, that store all waste material indoors or other uses that provide alternate means of handling waste disposal.

ARTICLE 5. BUILDING AND SITE LIGHTING.

DIVISION 1. GENERAL PROVISIONS.

Sec. 405.1. Purpose.

The purpose of this article is to permit reasonable uses of outdoor lighting for night-time safety, utility, security, productivity, enjoyment, and commerce while minimizing the effects of excessive or uncontrolled light in order to:

Sec. 405.2. Applicability.

This article shall apply to all new development in the city subject to this article, unless otherwise specified.

When a building, structure, or lighting fixture is extended, enlarged, or reconstructed after the effective date of this article, the applicable lighting standards shall apply.

Sec. 405.3. - 6. Reserved.

DIVISION 2. LIGHTING REQUIREMENTS.

Sec. 405.7. Lighting standards.

Sec. 405.8. Exterior lighting fixtures.

Exterior architectural, display and decorative lighting visible from the designated corridors shall be generated from a concealed light source with low-level fixtures. Any lighting fixture used to illuminate parking areas, access drives or loading areas shall be of such design, so as to minimize the amount of ambient lighting perceptible from adjacent properties. In no case shall any lighting impair the vision of motorists on the corridor.

Sec. 405.9. Site entrances.

Entrances into developments from the designated corridors may be lighted for traffic safety reasons, provided such lighting does not exceed the applicable footcandle requirements specified herein. Excessive illumination of signage, buildings, or site features should be avoided. Roof lighting and down-lighting washing the building walls are strongly discouraged.

Sec. 405.10. Lighting plan required.

A lighting plan shall be required for all non-single family residential developments of one acre or more in size.

The plan shall illustrate all proposed lighting on the exterior of the building and on the site, the areas of night illumination, and the amount of light at various places as measured in footcandles (fc).

The lighting plan shall consist of either isofootcandles or a photometric grid with individual spot readings.

The lighting plan shall not be approved if it results in direct light that exceeds the requirements or is otherwise inconsistent with the provisions of this article.

Outdoor lighting on all sites shall be directed downward and confined to the ground areas of lawns or parking lots, unless specifically authorized elsewhere. In addition, the following standards shall apply to all fixtures, except as may otherwise be provided:

Sec. 405.11. Accent lighting.

Accent lighting fixtures for sculptures, statues, trees, landscape features, flags, signs, architectural features and site entrances may orient light upward and shall be approved as follows:

The directed light shall be substantially confined to the object intended to be illuminated to minimize glare, sky glow, and light trespass; and The directed light shall not shine directly into the window of a neighboring structure or directly onto a roadway.

Sec. 405.12. - 13. Reserved.

DIVISION 3. EXTERIOR LIGHTING FIXTURES.

Sec. 405.14. Wall pack lighting.

Decorative wall pack fixtures may be used only at service entrances to buildings and shall not be used to draw attention to the building or provide general building or site lighting. Wall packs on the exterior of a building shall be fully shielded (full cut-off type bulb or light source not visible from off-site) to direct light downward.

Sec. 405.15. Canopy lighting.

Security lighting underneath canopies for service stations, ATM’s or similar uses shall be restricted as follows:

Sec. 405.16. Wall sign lighting.

Sec. 405.17. Monument sign lighting.

Sec. 405.18. Decorative lighting.

The UDO Administrator may approve decorative or aesthetic lighting fixtures, including those that do not orient all light downward, if the following conditions are met:

In the DMU District, lighting fixtures on private property shall be limited to historically compatible fixtures (e.g., acorn or similar). Light poles on private property shall not exceed 16’ in height.

Sec. 405.19. - 22. Reserved.

DIVISION 4. ILLUMINATION LEVELS.

Sec. 405.23. Illumination levels permitted.

Horizontal illumination levels shall be measured at ground level by a light meter certified by its manufacturer as being calibrated in accordance with standards of the National Institute of Standards and Technology.

Maximum illumination readings may be taken directly beneath the luminaire. Vertical illumination readings shall be taken on the surface of the object being lighted or at five feet above the ground for pedestrian areas.

Light levels shall meet the following minimum and maximum requirements for the developed portion of the site containing buildings, drives, and parking lots:

Lighting location Min. illumination Avg. illumination Max. illumination (fc)1

Parking lots 0.5 fc² 3.0 fc 5.0 fc Walkways/ pedestrian ways 0.2 fc 3.0 fc 5.0 fc Loading areas and building 3.0 fc³ entrances Landscape and decorative 0.2 fc .50 fc 3.0 fc At property line:

Abutting a residential 0.5 fc 0.5 fc use or district Abutting a street 0.5 fc 2.0 fc⁴ right-of-way Abutting a non-residential 0.5 fc 2.0 fc use or district 1 Lighting levels may be reduced to one half (0.5) footcandle with a uniformity ratio of not more than ten to one (10:1) after 12:00 PM, or 2 after established hours of operation.

3 The minimum illumination levels shall not apply to portions of the site that are fenced to restrict public access, such as storage yards.

For automobile dealerships and other types of outdoor sales areas the maximum illumination may be increased to 15 footcandles, 4 provided the limits at the property line are not exceeded.

These regulations shall not apply to ornamental street lighting, public street lights, or driveway/intersection lighting necessary for 5 pedestrian and traffic safety.

The light level along a non-residential property line may be increased to up to five footcandles where there is shared access/vehicular connection with the adjacent use or the adjacent use is a similar use (e.g. commercial adjacent to commercial).

Sec. 405.24. - 27. Reserved DIVISION 5. FIXTURE MOUNTING HEIGHT.

Sec. 405.28. Retail, commercial and industrial development.

Except as otherwise provided, lighting fixtures in nonresidential districts and for nonresidential uses in residential districts shall not exceed the following height, as measured from ground level to the top of the fixture:

Fixture mounting height should be appropriate for the project setting. Lower mounting heights are encouraged where sites adjoin residential areas or other sensitive land uses. Use of low, bollard-type fixtures are encouraged for pedestrian area lighting.

The UDO Administrator may approve light fixtures up to 35 feet in height if all of the following conditions are met:

Sec. 405.29. Residential development.

Except as specified herein, light fixtures in any residential district, including residential uses within any mixed-use district, shall not exceed 18 feet in height. Light fixtures within a multiple-family development in any zoning district shall not exceed 28 feet in height.

Light fixtures mounted on a building in a residential district may not be mounted above the first floor of the building; however, this restriction shall not apply to any single-family or two-family residence.

In the DMU District, lighting fixtures on private property shall be limited to historically compatible fixtures (e.g., acorn or similar). Light poles on private property shall not exceed 16’ in height.

Sec. 405.30. Exempt lighting types.

The following types of lighting shall be exempt from the standards set forth in this article:

Sec. 405.31. Prohibited lighting types.

ARTICLE 6. ADVERTISING AND SIGNS.

DIVISION 1. GENERAL PROVISIONS.

Sec. 406.1. Findings.

Sec. 406.2. Purpose and intent.

The Mayor and City Council intend by enacting this article to:

Sec. 406.3. Definitions.

Refer to Appendix A. – Definitions.

Sec. 406.4. Applicability.

No sign shall be erected, placed, established, painted, created, or maintained in the city unless it is in compliance with the standards, procedures, exemptions and other requirements of this article.

The effect of this article as more specifically set forth herein, is:

Sec. 406.5. Prohibited signs and advertising devices.

Except as otherwise permitted in specific sections of this article or approved as part of a Development Agreement for a specific development, the following signs and advertising devices are prohibited in all zoning districts of the city:

Sec. 406.6. Signs exempt from the regulations of this article.

The following signs and advertising devices are exempt from the permit requirements of this article but must in all respects otherwise comply with this article:

Sec. 406.7. - 10. Reserved.

DIVISION 2. PERMITS AND PROCEDURES.

Sec. 406.11. Common review provisions.

The provisions of this section shall be administered by the UDO Administrator, or their designee.

Refer to Sec. 104.8.

Refer to Sec. 104.18.B.1.

Sec. 406.12. - 15. Reserved.

Sec. 406.16. General regulations.

Sec. 406.17. Regulations by zoning classification.

Signage shall be permitted in all single-family residential zoning districts in accordance with the following:

Signage shall be permitted in all non-residential zoning districts in accordance with the following:

Sec. 406.18. Downtown Mixed Use District.

The purpose of these regulations is to ensure all signage within the Downtown Mixed Use District is harmonious in proportion, form, color, and materials to the historic character of the district. Visual connection is crucial to the goal of an effective downtown, and signs play a key role in helping to preserve the historical character of the district’s sense of time and place, while achieving the desired effect of charm and compatibility. These regulations are designed to allow buildings and individual businesses to maintain their individual identities while becoming identifiable with the downtown district as a whole.

This section applies only to those buildings, structures, tenants and uses within the geographical boundaries of the Downtown Mixed Use District as established in Sec. 203.19. this UDO.

The provisions of this article are intended to be consistent with the Downtown Mixed Use District Design Guidelines. When a provision of this article conflicts with a provision within the design guidelines, the more restrictive provision shall apply.

Signage shall be permitted in the downtown mixed-use zoning districts in accordance with the following:

Signs shall be securely erected and free of any protruding nails, tacks and wire.

Sec. 406.19. Planned centers.

Signage shall be permitted in all planned centers in accordance with the following:

Said sign shall be located on the side of the multi-tenant retail building and be the same size as the wall sign on the building frontage.

Each planned center shall submit a master sign program prior to the issuance of any sign permit within the development. The master sign program shall comply with all provisions of this article and establish standards and criteria for all signs within the development which require permits. The mas-ter sign program shall address, at a minimum, the following:

Approval shall apply only to the architectural elements, uniformity of size, color and placement of the master sign program, but shall not address the content of any sign within the master sign program.

Tenant directional signs are permitted in all planned centers. Where applicable, tenant directional signs must be included in the master sign program and shall include, at a minimum, the following:

Sec. 406.20. Other non-residential signs allowed.

In addition to all other signs identified herein, the following signs are permitted in all non-residential zoning districts:

If such property contains a business where materials and/or goods are delivered and/or business is trans-acted at a drive-thru delivery point other than on the front of the building, one sign per delivery point or lane may be permitted subject to the following:

Where the banner is installed above a pedestrian area the bottom of the banner shall be no less than seven-feet from the walking surface.

Sec. 406.21. Temporary signs.

In addition to any other signs permitted under this article, temporary signs shall require a sign permit and are subject to the following:

Sec. 406.22. Maintenance, appearance and inspection.

Sec. 406.23. Enforcement.

The UDO Administrator shall periodically inspect each permanent and temporary conforming and non-conforming sign for the purpose of ascertaining whether the same is secure or insecure, whether it is in com-pliance with the requirements of this article and whether it is in need of repair.

In addition to these inspections, the UDO Administrator shall cause to be removed any sign that falls under the following classifications:

Any sign constituting a traffic hazard or a menace to the motoring public or pedestrians, as deter-mined by the UDO Administrator in consultation with the city staff and/or the chief of police, shall be removed as provided herein.

Every sign, including those signs for which permits are required and those for which no permits or permit fees are required shall be maintained in a safe, presentable and good structural condition at all times. The sign owner shall be responsible for repair or replacement of defective parts, painting, repainting, cleaning and other acts required for the maintenance of the sign. If the sign is not made to comply with adequate safety and maintenance standards, the city planner or code enforcement officer shall require its removal in accordance herein.

Except as otherwise provided in this article, any sign that is located on property that becomes vacant and unoccupied for a period of one month or longer, including any tenant in a multi-tenant commer-cial, office, or industrial structure, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Permanent signs applicable to a business temporarily suspended because of a change of ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of six months or more. Sign panels from abandoned signs shall be removed by the owner of the premises on which the sign is located within the time frame specified in this Subsection. The supporting structure of an abandoned sign shall be subject to the non-conforming use provisions herein.

No person shall maintain or permit to be maintained on any premises owned or controlled by that person any sign that is in a dangerous or defective condition. Any such sign shall be removed or re-paired by the owner of the premises or owner of the sign. Upon failure of the owner to remove or repair a dangerous or defective sign, the city planner or code enforcement officer shall proceed as described herein.

The UDO Administrator shall have full authority to remove, without notice to the owners thereof, and impound for a period of 10 days:

Citations for violation of this article may be issued by the UDO Administrator and shall be returnable to and tried before the municipal court of the city. Any person, firm or corporation violating any pro-visions of this chapter may, upon conviction, be fined in an amount as authorized by the city’s Char-ter. Each day said violations shall continue shall constitute a separate offense.

Sec. 406.24. Sign removal procedures.

Sec. 406.25. Nonconforming signs.

Nonconforming signs may continue in existence subject to the following restrictions:

ARTICLE 7. SITE PLAN REVIEW PROCEDURES.

DIVISION 1. GENERAL PROVISIONS.

Sec. 407.1. Purpose.

The purpose of this article is to establish a uniform set of requirements for the planning and design of devel-opments within the city in order to achieve the following objectives:

Sec. 407.2. Conflict.

Where any provision of this article is in conflict with any provision of state law, the state law controls. Where this article is incomplete in having failed to incorporate a provision necessarily required for the implementa-tion of state law, the provision of state law must be fully complied with.

Sec. 407.3. Application certification.

All applications for all procedures under this article shall be certified by the applicant under penalty of perjury, and if the applicant is not the owner of the affected lands, shall also be certified by the owner of the affected lands.

Sec. 407.4. - 7. Reserved.

DIVISION 2. REVIEW PROCEDURES.

Sec. 407.8. Common review provisions.

As further defined in Section 104.8., the following requirements are common to the procedures in this article and apply to all applications submitted under its provisions. Generally, the procedures for all ap-plications have six common elements:

Approval authority for conceptual site plans and development plans shall be as follows:

STAFF Planning and Zoning Site plan type UDO City Engineer Fire Marshal Commission Administrator Administrative review Approve Review Review Conceptual site plan Review Review Review Approve Development plans Approve Approve Approve Sec. 407.9. - 12. Reserved.

DIVISION 3. DEVELOPMENT TYPES.

Sec. 407.13. Development types and review standards.

Varying levels of plan reviews are hereby established, depending on the scale of the proposed development and potential impacts it may have on the community and immediate surroundings. This section defines the parameters under which varied levels of plans will be required for all developments other than single-family detached residential and defines the review authority, as follows:

The UDO Administrator shall review site plans in connection with the creation of a use or the erection of a building or structure as indicated in the table below.

The technical review committee shall review all conceptual site plans in connection with the use or erection of a building or structure as identified below. Following review by the technical review com-mittee, the Planning and Zoning Commission shall act upon the conceptual site plan.

The technical review committee shall review all final site plans in connection with the creation of a use or erection of a building or structure as identified below.

Sec. 407.14. Applicable projects.

The following table specifies the project categories applicable to each level of site plan:

Applicable projects review site plan Administrative Conceptual Development plans Construction or expansion of an accessory building exceeding X 100 SF Additions of less than ten percent, but not exceeding 5,000 SF, of the gross floor area of an existing principal building in any X zoning district Changes in the use of any existing building in any zoning dis-trict; provided, the use is a “permitted” use in that district and X any expansion does not exceed ten percent or 5,000 SF as stat-ed above Construction or expansion of a surface parking lot, not involv-ing new buildings or additions exceeding the limits specified X X X for administrative review When, in the opinion of the UDO Administrator, a project which otherwise qualifies for administrative review may have a sig-nificant impact on surrounding properties, he/ she may, in his/ her sole discretion, submit the site plan to the Planning and X X Zoning Commission for review. In such cases, the Planning and Zoning Commission shall follow the conceptual site plan review process and may require any additional information needed to make an informed decision New construction or expansion of a principal building in any zoning district, except a single- or two-family dwelling or a pro- X X ject subject to administrative review New construction or expansion of a parking structure X X Any conditional use X X As otherwise required by this article X X

Sec. 407.15. Exemptions.

Site plan review shall not be required for a single or two-family dwelling when permitted by right on a lot on which there exists no other building or use, or for any home occupation, or any accessory building not exceed-ing 100 square feet; provided, this exemption shall not apply within the Downtown Mixed Use District.

Sec. 407.16. Administrative site plan.

Sec. 407.17. Conceptual site plan.

Conceptual site plan applications shall be reviewed by the UDO Administrator, city staff and the Planning and Zoning Commission as follows:

Sec. 407.18. Site development plan.

Development plan applications shall be reviewed by the UDO Administrator and city staff as follows:

The development plans shall be approved upon a finding of compliance with the following standards:

Sec. 407.19. Amendments to approved plans.

Amendments to an approved site plan shall be permitted only under the following circumstances:

Sec. 407.20. Expiration.

The approval of any plan under this article shall expire 12 months from the date of approval, unless the appli-cant requests an extension, in writing, to the UDO Administrator prior to the date of expiration of the site plan, as follows:

Extensions shall only be approved if the applicant presents reasonable evidence to the effect that the project has encountered unforeseen difficulties beyond the control of the applicant and will proceed within the exten-sion period. If the above provisions are not fulfilled or the extension has expired prior to construction, the site plan approval shall become null and void.

Sec. 407.21. Appeals.

Any person having a special interest in a decision relating to the approval or denial of a site plan or the condi-tions imposed shall have the right to appeal that decision to the Mayor and City Council in accordance with the provisions adopted in Section 104.18.B. of this UDO.

Sec. 407.22. Land disturbance and grading permit.

Refer to Section 104.8.B.2. of this UDO and the city’s Development Review Guidebook as kept on file in the Community and Economic Development Department and available on the city’s website.

This inspection shall take place within five working days of the request.

Revisions to an approved land disturbance and/or grading permit may be approved by the UDO Adminis-trator following review by applicable internal and external agencies consistent with this UDO.

A land disturbance and/or grading permit remains valid for the duration of the project subject to the fol-lowing time restrictions:

A land disturbance and/or grading permit shall expire 60 calendar days from date of issuance or the latest approval of permit revisions. The city will issue a written notice of expiration to the applicant and require that comments be addressed, or that a permit be obtained within 30 days of issuance of the notice of expiration.

The UDO Administrator is authorized to grant, in writing, an extension of a land disturbance and/or grading permit for a period not more than 180 calendar days, subject to the qualifying conditions set forth in this arti-cle. An extension request must be submitted to the UDO Administrator a minimum of 30 calendar days prior to the expiration of the permit. No more than one 180 calendar day extension per land disturbance and/or grading permit may be granted for any of the qualifying conditions set forth herein.