(A)At least fifteen percent (15%) of the area within the Overlay, exclusive of public roads, public rights-of-way, and inter-parcel access easements, shall be set aside as open space.
(B)The following elements may be included in the calculations of open space within the Overlay:
(1)Conservation areas.
(2)All buffers, setbacks, and other areas not containing any buildings or pavements.
(3)Plazas, fountains, squares and other similar pedestrian amenities.
(4)Wetlands, creeks, streams and tributaries, drainage areas, detention ponds, and floodplain.
(5)Areas within multi-family residential developments designed and intended for the use and enjoyment of all residents or the use and enjoyment of the public.
(C)Calculation of Minimum Parking and Loading Spaces.
(1)The Gathering Entertainment District shall be exempt from this subsection.
(2)All minimum parking and loading requirements for retail uses based on building floor area shall be calculated using Gross Leasable Area, as hereinafter defined.
(3)One (1) off-street loading space shall be provided for the first five thousand (5,000) square feet of Gross Leasable Area or fractional part thereof for retail uses for which a loading space is required.
One (1) additional space shall be required for each additional seventy-five thousand (75,000) square feet of Gross Leasable Area or fractional part thereof for retail uses.
(4)All minimum parking and loading requirements for office uses based on building floor area shall be calculated using Gross Building Area, as hereinafter defined.
(5)One (1) off-street loading space shall be provided for the first five thousand (5,000) square feet of Gross Building Area or fractional part thereof for office uses for which a loading space is required.
One (1) additional space shall be required for each additional one hundred thousand (100,000) square feet of Gross Building Area or fractional part thereof for office uses.
(6)Unless otherwise approved by the Director, loading spaces shall be a minimum of ten (10) feet wide, thirty (30) feet long, with fourteen (14) feet of height clearance.
(D)Surface Parking Standards.
(1)Any parking area exceeding twenty-five (25) spaces shall provide a minimum of ten percent (10%)
of the total parking area as landscape islands. Landscape strips located between a parking area and a private street, driveway or public road shall count toward meeting this requirement.
(2)At minimum, landscape islands shall be located at the end of every other parking bay and, on average, every one hundred and fifty (150) linear feet of continuous parking space width.
(3)Landscape islands for single parking bays shall contain a minimum of one hundred and fifty (150)
square feet. Landscape islands for double parking bays shall require a minimum of one hundred and fifty (150) square foot islands on each side or one (1) continuous landscape island of three hundred
(300)square feet on one (1) side.
(4)Each parking landscape area shall contain turf grasses, shrubs, trees, or other landscape material in Unified Development Code of Forsyth County - 21 - 32 -any combination, but must consist of at least two (2) plant types. Landscape islands shall be located to effectively avoid large expanses of paving and contribute to orderly circulation of vehicular and pedestrian traffic.
(5)All trees planted in landscape islands and landscape areas shall be a minimum of two (2) inches in caliper measured thirty-six (36) inches above ground, shall be a minimum of six (6) feet in height, and shall be drought tolerant.
(6)The Gathering Entertainment District is excluded from the requirements of this subsection.
(7)Shared parking may be provided based upon a shared parking study prepared by a traffic engineering firm that documents parking requirements and supports the use of shared parking. The Gathering Entertainment District may and is anticipated to utilize shared parking. Shared parking may be provided in structured parking and surface parking areas.
(8)Parallel parking along and within rights-of-ways and private driveways is allowed.
(E)Physical Relationships Between Buildings and Uses.
(1)Buffers shall not be required between non-residential uses (including multi-family residential uses)
and single-family or multi-family residential uses internal or external to the Overlay.
(2)Minimum setbacks or other spatial separations required by the UDC shall not be required between buildings within the boundaries of the Overlay.
(3)Minimum setbacks shall be zero (0) feet from a public road.
(4)Minimum setbacks shall be zero (0) feet from common property lines shared with abutting properties that are zoned for residential development, which are outside of the boundaries of the Overlay with the exception of Sub-Area 3 in which the minimum building setbacks shall be twenty
(20)feet.
(5)Setbacks shall not be required from private streets or driveways.
(6)Condominium developments and townhouse developments may be located on public roads or private streets.
(7)The developer shall build public and private residential roads, streets, access drives, and alleys to standards specified on the Streetscape Widths Exhibit of the Overlay District Master Development Plan. Public and private commercial roads, streets, access drives, and alleys shall be built to standards specified on the Streetscape Widths Exhibit of the Overlay District Master Development Plan. Private streets may be dedicated to the public at the developer’s election and upon approval of the Board of Commissioners.
(F)Residential Density.
(1)Residential density within the Overly shall not be calculated on a per acre basis.
(2)Buildings containing condominiums or apartments may include more than six (6) residential units.
(G)Landscaping.
(1)A landscaping plan for each phase of the development shall be submitted and approved by the Director prior to issuance of a land disturbance permit for the phase submitted (collectively, each such plan being part of the “Landscaping Plan”).
(2)Street trees are allowed to be located adjacent to and within rights-of-way within the Overlay. No setbacks from curbs, roads, streets, alleys, or utility lines will apply.
(3)Tree Replacement.
(a)Tree replacement shall be governed by the provisions of the Overlay District and not by the Forsyth County Tree Ordinance.
(b)Fifteen (15) tree units per acre shall be provided within the Overlay.
(c)Developers shall not be required to replace Specimen, Historic, or Landmark Trees (as defined in the Tree Ordinance) that are removed during the initial development of a parcel within the Overlay.
(d)Calculations of tree units provided per acre shall include Specimen Trees, and non-specimen trees with a diameter at breast height of at least eighteen (18) inches, that are planted or preserved within the Overlay, including those within required buffers or open spaces.
(e)Land disturbance activity is allowed up to any boundary line within the Overlay District.
(f)There is no minimum requirement for the retention of Tree Groupings within the Overlay District.
(H)Stream Buffers.
(1)Unless a stream buffer encroachment is approved by Forsyth County (and if necessary, the State of Georgia Environmental Protection Division), a natural vegetative buffer shall be maintained for fifty Unified Development Code of Forsyth County - 21 - 33 -
(50)feet, measured horizontally, on both banks (as applicable) of State waters as measured from the top of bank. With the exception of new tree plantings, this 50-foot vegetative buffer shall remain undisturbed.
(2)Unless a stream buffer encroachment is approved by Forsyth County (and if necessary, the State of Georgia Environmental Protection Division), an additional impervious surface setback shall be maintained for an average of twenty-five (25) feet, measured horizontally, beyond the undisturbed natural vegetative buffer. Land disturbance activities, including but not limited to, grading, drainage, retaining walls, utilities, pervious trails, tree planting, and landscaping shall be allowed within this additional impervious surface setback so long as any disturbed area is stabilized. Stormwater shall not be discharged across any portion of the additional impervious surface buffer setback with a width of less than twenty-five (25) feet.
(I)Requirements for individual large-scale retail establishments encompassing forty thousand (40,000)
square feet or greater, or encompassing seventy-five thousand (75,000) square feet or greater, as set forth in Chapter 12 and Chapter 18, shall not apply within the Overlay.
(J)Maintenance Requirements.
(1)During any time a retail building exceeding forty thousand (40,000) square feet is vacant after its initial opening (a “Vacant Retail Building”) for a period of at least ninety (90) days (“Vacancy Period”), the owner of the building shall:
(a)Maintain all on-site parking areas and landscaping in the same condition as they had been maintained prior to the vacancy;
(b)Operate all lighting in the parking lot and other external areas, exclusive of identification signs, in the same manner as they had been prior to the Vacancy Period;
(c)Remove all outdoor identification signs from the site;
(d)Keep the building free of graffiti and repair all other acts of vandalism; and
(e)Provide security patrols on the site to deter vandalism or other illegal activities.
(2)The owner of a retail building exceeding forty thousand (40,000) square feet, regardless of the building’s occupancy status, shall be responsible for:
(a)Maintaining cleanliness of the entire site by removing any trash, rubbish, or other debris from the premises;
(b)Maintaining landscaping and replacing dead or damaged plants; and
(c)Repairing or replacing building elements that are damaged, dilapidated, or in disrepair (such as, but not limited to, broken windows).
(3)Should the owner of a Vacant Retail Building fail to maintain the building and premises during the Vacancy Period in accordance with the requirements of this Article, the owner shall be subject to citation by the appropriate County Code Compliance Office and shall be subject to the maximum fine permitted for ordinance violations for each such violation.
(K)Adaptive Reuse.
(1)If an individual retail establishment seventy-five thousand (75,000) square feet or greater (“Establishment”) is vacated, the owner and/or lessee (the “Owner”) shall submit a written adaptive reuse and marketing plan (a “Reuse Plan”) to the Director no later than the end of the 25th consecutive month of vacancy, unless events or circumstances beyond the Owner’s control prevents the submittal of the Reuse Plan.
(2)The Reuse Plan shall include the reason(s) for the continued vacancy, potential use types for the vacant Establishment, a marketing plan to be executed for the facility and a schedule for the implementation of the marketing plan (a “Schedule”). The Owner shall execute the Reuse Plan in accordance with the Schedule, unless events or circumstances beyond the Owner’s control prevent adherence to the Schedule.
(3)If the Establishment remains vacant for twelve (12) consecutive months after the Reuse Plan’s submittal date, the Owner shall provide the Director with annual written status reports regarding its plans to redevelop and/or reuse the property and the reason(s) for the property’s continuing vacancy.
(L)Calculation of Area for Retail and Office Uses.
(1)The area of retail and office uses (specifically excluding the Gathering Entertainment District)
within the Overlay shall be calculated using gross floor area, which shall mean the sum of the total horizontal areas of the several floors of all buildings on a lot, measured from the interior faces of exterior walls and from the center line of joint partitions and walls separating two (2) or more buildings. The term gross floor area shall exclude all outdoor dining areas, outdoor display areas Unified Development Code of Forsyth County - 21 - 34 -that are accessory to retail stores, areas designed for permanent accessory uses such as public toilets, utility closets, food courts, management and security offices, mail distribution or delivery facilities, truck tunnels, enclosed parking areas, meter rooms, concourses, corridors not open to the public, rooftop mechanical structures, mechanical and equipment rooms and facilities, public and fire corridors, stairwells, elevators and escalators.
(M)Signage.
(1)Signage within Sub-Area 1 shall be governed by the provisions of the Overlay District and not by the Forsyth County Sign Ordinance. In this regard, a comprehensive signage plan setting forth details relative to sign types, numbers, materials, construction, lighting, heights, and areas shall be submitted to the Director for review and approval prior to the issuance of sign permits for each development within the Overlay (or each phase thereof) (collectively, each such plan being part of the “Signage Plan”). Signage within Sub-Areas 2 & 3 shall be governed by the Forsyth County Sign Ordinance.
(2)Commercial Signs.
(a)Wall Signs.
(i)Retail stores over eighty thousand (80,000) square feet shall be allowed three (3) signs (one
(1)per facade) up to ten percent (10%) of the overall facade or a maximum of six hundred
(600)square feet per sign.
(ii)The retail building connecting the retail store anchors shall be allowed up to eight (8) signs up to two hundred (200) square feet per sign.
(iii)Office and hotel buildings over five (5) stories are allowed four (4) signs (one (1) per facade) up to ten percent (10%) of the overall facade area.
(b)Marquee Signs. Signs within the Overlay are allowed a maximum projection of twelve (12)
feet from the building wall.
(c)Eyebrow Signage. In addition to Wall Signs referenced in subsection (a) above, signage found above the main entrances to buildings, or at the first through third floor levels of buildings within Sub-Area 1, are allowed four (4) signs (one (1) per facade) up to ten percent (10%) of the overall facade area.
(d)Monument Signs (fronting freeways and arterial/collector streets). No more than two (2)
signs may be located per entrance to a public street. Maximum sign area shall be limited to three hundred (300) square feet per side, not including wing walls. Signs shall be limited to a maximum height of twelve (12) feet.
(e)Monument Signs (fronting local roads and private streets). No more than twelve (12) signs may be permitted within the Overlay. Maximum sign area shall be limited to seventy-two (72) square feet per side. Signs shall be limited to a maximum height of ten (10) feet.
(f)Pole Directional Signage. No more than twenty-four (24) signs may be located within the Overlay. Maximum sign area shall be limited to sixty (60) square feet per side. Signs shall be limited to a maximum height of ten (10) feet.
(g)Light Pole Graphics. Four-sided signs may be located on poles to serve as directional aids.
Maximum sign area shall be limited to fifteen (15) square feet per side. Signs shall be limited to a maximum height of twelve (12) feet.
(h)Georgia 400 Corridor Signage.
(i)A single LED facade wall display, with static and motion graphic capabilities, may be located along GA400 on a building facing GA400. The wall display may be equal in size to the area of the building facade on which it is located.
(ii)A single pylon sign may be located along GA400. Maximum sign area shall be limited to four hundred (400) square feet. The sign shall be limited to a maximum height of fifty (50) feet.
(3)Arena Signage. The Gathering Entertainment District shall be subject to an Arena Signage Design Plan subject to approval by the Board of Commissioners. Notwithstanding the Arena Signage Design Plan, the Arena shall be allowed to utilize LED signage on any exterior surface of the Arena and named-corporate Arena sponsor logos shall not count toward any sign face allocation. In addition, detached and attached LED marquee signage may be utilized at any location within the Gathering Entertainment District.
(4)Alternate Sign Plan. In order to facilitate flexibility and technological advances within the Overlay, the Board of Commissioners may approve a signage plan for any portion of Sub-Area 1 Unified Development Code of Forsyth County - 21 - 35 -establishing alternative performance standards to any of the signage regulations established by this subsection.
(5)Residential Signs. All residential development within the Overlay shall be allowed separate signage as permitted per the Residential Zoning Standards of the Sign Ordinance.
(N)Prohibited Uses. The following uses shall be prohibited within the Overlay:
(1)Adult entertainment centers.
(2)Adult novelty stores.
(3)Apiaries.
(4)Automobile services establishments.
(5)Building supply yards.
(6)Car washes.
(7)Convenience stores, with or without fuel dispensing units.
(8)Extended stay hotels.
(9)Fuel stations.
(10)Fuel tank lease and sales establishments.
(11)Funeral homes, mortuaries, and mausoleums.
(12)Marijuana or THC dispensaries excluding licensed pharmacies.
(13)Open storage.
(14)Panhandling.
(15)Pawn shops.
(16)Shooting ranges.
(17)Short-term rentals.
(18)Smoke shops, vapor cigarette shops, or non-traditional tobacco paraphernalia shops.
(19)Storage, self-service.
(20)Tattoo parlors.
(21)Vehicle rental establishments.
(22)Vehicle sales dealerships, except as part of a retail outlet within the Gathering Entertainment District.