Union City › Zoning Ordinance
Article 6 — District Regulations
§ 6-1
R-1 Single-Family Residential.
A.Description of District. The R-1 single-family residential district is intended to provide suitable open areas for single-family, detached dwellings at low densities, with access to public water and sewerage.
B.Permitted Uses. Within the R-1 Zoning District, the following Permitted uses shall be allowed:
1.Single-family detached dwellings;
2.Accessory uses and structures;
3.Clubs and recreation uses when part of the overall residential development and for the exclusive use of residents;
4.Non-commercial agriculture;
5.Parks and playgrounds; and
6.Public buildings and utilities.
C.Conditional Uses. Upon application to and approval by the Zoning Administrator, said approval being based solely on the compliance of all conditions required herein, the following Conditional Uses shall be allowed:
1.Child care learning centers, provided:
a.Such use must obtain certification and/or licensing from the appropriate state agency and must comply with all applicable state regulations;
b.The minimum size of the outdoor play area must be equal to 100 square feet times one third (1/3) of the center’s licensed capacity for children and said outdoor play area must be located within a side or rear yard;
c.They shall have at least 35 square feet of usable indoor floor space provided for each child;
d.The outdoor play area shall be enclosed on all sides to a height of at least four
(4)feet with a decorative wrought iron or aluminum fence; and (Amended 3/21/06, Ordinance 06-05)
e.The exterior appearance of any structure that is residential in nature and which is used as a child care learning center shall be maintained in such a way that it conforms to the residential character of the surrounding neighborhood.
(Amended August 20, 2024; Ordinance No. 2024-Z-04)
2.Golf courses and driving ranges, provided:
a.Any building or structure established in connection with such use must be set back no less than 100 feet from any property line; and
b.Lighting shall be established in such a way that no direct light shall cast over any property line nor adversely affect neighboring properties.
3.Guest house, provided:
a.The main dwelling is located on a lot containing at least one (1) acre;
b.No more than one (1) shall be permitted on a lot with another dwelling;
c.Said guest house shall not be used for rental purposes;
d.Said guest house shall be located in the rear yard; and
e.Said guesthouse shall be limited to 900 square feet.
4.Home occupations provided that:
a.Only residents of the dwelling may be engaged in the home occupation;
b.The home occupation shall be clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the building;
c.No display of products shall be clearly visible from the street, and only products produced on the premises may be sold on the premises, except that bonafide agricultural products grown on the premises may be displayed;
d.Use of the building for this purpose shall not exceed 25% of the principal building;
e.No internal or external alterations inconsistent with the residential use of the building shall be permitted;
f.The occupation shall not constitute a nuisance in the neighborhood;
g.No accessory buildings or outside storage shall be used in connection with the occupation except as otherwise provided in this ordinance;
h.Instruction of music and similar subjects shall be limited to two (2) students at a time;
i.Only vehicles used primarily as passenger vehicles shall be permitted in connection with the operation of a customary home occupation;
j.Only family day care homes as defined in this Ordinance are permitted as a customary home occupation. They shall have at least 35 square feet of usable indoor floor space provided for each child and the outdoor play area shall be enclosed on all sides to a height of at least four (4) feet by a fence; (Amended 3/21/06, Ordinance 06-05) and
k.The following and similar uses shall not be considered home occupations:
Service station; ambulance service, rescue squad; taxi services; amusement or recreational activities (commercial); animal hospital; kennel, veterinarian clinic, or animal boarding place, automobile and related machine sales, repair or maintenance, pawn shop, acid storage and manufacturing, heavy manufacturing, fortune teller and palm reader.
5.Personal care home, community living arrangements and child caring institutions, provided
a.The principal structure contains a residential façade architecturally similar to adjacent buildings;
b.Such facilities obtain all necessary local and state licenses; and
c.The use is limited to the principal structure only.
d.No such facility shall be located within 2,000 feet of any personal care home, community living arrangements or child caring institution; and
e.All facilities must provide at least 80 square feet of personal living space per resident or that amount required by the State of Georgia for the licensing of personal care homes, community living arrangements and child caring institutions whichever is greater. (Amended 3/21/06, Ordinance 06-05)
6.Religious institutions, churches, monasteries, mosques, synagogues and temples, provided:
a.Minimum lot size is three (3) acres;
b.All buildings shall be placed not less than 50 feet from any property lines, and are separated from any such property line, excluding thefront property line, by a planted buffer strip; and
c.Accessory schools and cemeteries are permissible provided an additional three
(3)acres is provided in addition to the three (3) acre church requirement.
7.Schools and their customary related uses, provided:
a.Minimum lot size is three (3) acres;
b.Minimum lot frontage is at least 200 feet;
c.All buildings are located on a lot fronting a major or collector street, as determined by the Planning Commission; and
d.All buildings are placed not less than 50 feet from any property line and are separated from any such property line, excluding the front property line, by a planted buffer strip.
8.Cemetery, provided:
a.Minimum lot area shall be ten (10) acres;
b.Gravesites shall be set back at least 50 feet from all property lines;
c.No structure other than grave markers shall be located within 35 feet of property zoned for residential use;
d.A 20-foot buffer shall be provided in addition to requiredsetbacks along all property lines which adjoin any property zoned for residential use; and
e.Crematoriums shall not be allowed as an accessory or any other use in residential zoning districts. (Ordinance 2002-01, February 19, 2002)
9.Group day care homes, provided:
a.Such use must obtain certification and/or licensing from the appropriate state agency and must comply with all applicable state regulations;
b.At least 100 square feet shall be available for each child occupying the outside play area at any one time and said outdoor play area must be located within a side or rear yard;
c.They shall have at least 35 square feet of usable indoor floor space provided for each child;
d.The outdoor play area shall be enclosed on all sides to a height of at least four
(4)feet; and (Added 3/21/06, Ordinance 06-05)
e.The exterior appearance of any structure that is residential in nature and which is used as a group day care home shall be maintained in such a way that it conforms to the residential character of the surrounding neighborhood.
(Amended August 20, 2024; Ordinance No. 2024-Z-04)
D.Dimensional Requirements. The minimum dimensional requirements within the R-1 Zoning District shall be as follows:
1.Lot area per dwelling unit: 43,560 square feet;
2.Lot width and frontage: 150 feet;
3.Minimum floor area per dwelling unit: 2,000 square feet;
4.Front yard setback, as measured from the right-of-way: 75 feet;
5.Rear yard setback: 50 feet;
6.Side yard setback: 25 feet; and
7.Height: up to 35 feet.
§ 6-2
R-2 Single-Family Residential.
A.Description of District. The R-2 single-family residential district is intended to provide suitable open areas for single-family, detached dwellings at low to moderate densities, with access to public water and sewerage.
B.Permitted Uses. Within the R-2 Zoning District, the following Permitted uses shall be allowed:
1.Single-family detached dwellings;
2.Accessory buildings and uses;
3.Clubs and recreation uses when part of the overall residential development and for the exclusive use of residents;
4.Non-commercial agriculture;
5.Parks and playgrounds; and
6.Public buildings and utilities.
C.Conditional Uses. Upon application to and approval by the Zoning Administrator, said approval being based solely on the compliance of all conditions required herein, the following Conditional Uses shall be allowed:
1.Child care learning centers, provided:
a.Such use must obtain certification and/or licensing from the appropriate state agency and must comply with all applicable state regulations;
b.The minimum size of the outdoor play area must be equal to 100 square feet times one third (1/3) of the center’s licensed capacity for children and said outdoor play area must be located within a side or rear yard;
c.They shall have at least 35 square feet of usable indoor floor space provided for each child;
d.The outdoor play area shall be enclosed on all sides to a height of at least four
(4)feet with a decorative wrought iron or aluminum fence; and (Amended 3/21/06, Ordinance 06-05)
e.The exterior appearance of any structure that is residential in nature and which is used as a child care learning center shall be maintained in such a way that it conforms to the residential character of the surrounding neighborhood.
(Amended August 20, 2024; Ordinance No. 2024-Z-04)
2.Golf courses and driving ranges, provided:
a.Any building or structure established in connection with such use must be set back no less than 100 feet from any property line; and
b.Lighting shall be established in such a way that no direct light shall cast over any property line nor adversely affect neighboring properties.
3.Guest house, provided:
a.The main dwelling is located on a lot containing at least one (1) acre;
b.No more than one (1) shall be permitted on a lot with another dwelling;
c.Said guest house shall not be used for rental purposes;
d.Said guest house shall be located in the rear yard; and
e.Said guesthouse shall be limited to 900 square feet.
4.Home occupations provided that:
a.Only residents of the dwelling may be engaged in the home occupation;
b.The home occupation shall be clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the building;
c.No display of products shall be clearly visible from the street, and only products produced on the premises may be sold on the premises, except that bonafide agricultural products grown on the premises may be displayed;
d.Use of the building for this purpose shall not exceed 25% of the principal building;
e.No internal or external alterations inconsistent with the residential use of the building shall be permitted;
f.The occupation shall not constitute a nuisance in the neighborhood;
g.No accessory buildings or outside storage shall be used in connection with the occupation except as otherwise provided in this ordinance;
h.Instruction of music and similar subjects shall be limited to two (2) students at a time;
i.Only vehicles used primarily as passenger vehicles shall be permitted in connection with the operation of a customary home occupation;
j.Only family day care homes as defined in this Ordinance are permitted as a customary home occupation. They shall have at least 35 square feet of usable indoor floor space provided for each child and the outdoor play area shall be enclosed on all sides to a height of at least four (4) feet by a fence; and
(Amended 3/21/06, Ordinance 06-05)
k.The following and similar uses shall not be considered home occupations:
Service station; ambulance service, rescue squad; taxi services; amusement or recreational activities (commercial); animal hospital; kennel, veterinarian clinic, or animal boarding place, automobile and related machine sales, repair or maintenance, pawn shop, acid storage and manufacturing, heavy manufacturing, fortune teller and palm reader.
5.Personal care home, community living arrangements and child caring institutions, provided:
a.The principal structure contains a residential façade architecturally similar to adjacent buildings;
b.Such facilities obtain all necessary local and state licenses; and
c.The use is limited to the principal structure only.
d.No such facility shall be located within 2,000 feet of any personal care home, community living arrangements or child caring institution; and
e.All facilities must provide at least 80 square feet of personal living space per resident or that amount required by the State of Georgia for the licensing of personal care homes, community living arrangements and child caring institutions whichever is greater. (Amended 3/21/06, Ordinance 06-05)
6.Religious institutions, churches, monasteries, mosques, synagogues and temples, provided:
a.Minimum lot size is three (3) acres;
b.All buildings shall be placed not less than 50 feet from any property lines, and are separated from any such property line, excluding the front property line, by a planted buffer strip; and
c.Accessory schools and cemeteries are permissible provided an additional three
(3)acres is provided in addition to the three (3) acre church requirement.
7.Schools and their customary related uses, provided:
a.Minimum lot size is three (3) acres;
b.Minimum lot frontage is at least 200 feet;
c.All buildings are located on a lot fronting a major or collector street, as determined by the Planning Commission; and
d.All buildings are placed not less than 50 feet from any property line and are separated from any such property line, excluding the front property line, by a planted buffer strip.
8.Cemetery, provided:
a.Minimum lot area shall be ten (10) acres;
b.Gravesites shall be set back at least 50 feet from all property lines;
c.No structure other than grave markers shall be located within 35 feet of property zoned for residential use;
d.A 20-foot buffer shall be provided in addition to required setbacks along all property lines which adjoin any property zoned for residential use; and
e.Crematoriums shall not be allowed as an accessory or any other use in residential zoning districts. (Ordinance 2002-01, February 19, 2002)
9.Group day care homes, provided:
a.Such use must obtain certification and/or licensing from the appropriate state agency and must comply with all applicable state regulations;
b.At least 100 square feet shall be available for each child occupying the outside play area at any one time and said outdoor play area must be located within a side or rear yard;
c.They shall have at least 35 square feet of usable indoor floor space provided for each child;
d.The outdoor play area shall be enclosed on all sides to a height of at least four
(4)feet; and (Added 3/21/06, Ordinance 06-05)
e.The exterior appearance of any structure that is residential in nature and which is used as a group day care home shall be maintained in such a way that it conforms to the residential character of the surrounding neighborhood.
(Amended August 20, 2024; Ordinance No. 2024-Z-04)
D.Dimensional Requirements. The minimum dimensional requirements within the R-2 Zoning District shall be as follows:
1.Lot area per dwelling unit: 22,000 square feet;
2.Lot width and frontage: 90 feet;
3.Minimum floor area per dwelling unit: 1,800 square feet;
4.Front yard setback, as measured from the right-of-way: 50 feet;
5.Rear yard setback: 40 feet;
6.Side yard setback: 15 feet; and
7.Height: up to 35 feet.
§ 6-3
R-3 Single-Family Residential.
A.Description of District. The R-3 single-family residential district is intended to provide suitable open areas for single-family, detached dwellings at low to moderate densities, with access to public water and sewerage.
B.Permitted Uses. Within the R-3 Zoning District, the following Permitted Uses shall be allowed:
1.Single-family detached dwellings;
2.Accessory uses and structures;
3.Clubs and recreation uses when part of the overall residential development and for the exclusive use of residents;
4.Non-commercial agriculture;
5.Parks and playgrounds; and
6.Public buildings and utilities.
C.Conditional Uses. Upon application to and approval by the Zoning Administrator, said approval being based solely on the compliance of all conditions required herein, the following Conditional Uses shall be allowed:
1.Child care learning centers, provided:
a.Such use must obtain certification and/or licensing from the appropriate state agency and must comply with all applicable state regulations;
b.The minimum size of the outdoor play area must be equal to 100 square feet times one third (1/3) of the center’s licensed capacity for children and said outdoor play area must be located within a side or rear yard;
c.They shall have at least 35 square feet of usable indoor floor space provided for each child;
d.The outdoor play area shall be enclosed on all sides to a height of at least four
(4)feet with a decorative wrought iron or aluminum fence; and (Amended 3/21/06, Ordinance 06-05)
e.The exterior appearance of any structure that is residential in nature and which is used as a child care learning center shall be maintained in such a way that it conforms to the residential character of the surrounding neighborhood.
(Amended August 20, 2024; Ordinance No. 2024-Z-04)
2.Golf courses and driving ranges, provided:
a.Any building or structure established in connection with such use must be set back no less than 100 feet from any property line; and
b.Lighting shall be established in such a way that no direct light shall cast over any property line nor adversely affect neighboring properties.
3.Guest house, provided:
a.The main dwelling is located on a lot containing at least one (1) acre;
b.No more than one (1) shall be permitted on a lot with another dwelling;
c.Said guest house shall not be used for rental purposes;
d.Said guest house shall be located in the rear yard; and
e.Said guest house shall be limited to 900 square feet.
4.Home occupations provided that:
a.Only residents of the dwelling may be engaged in the home occupation;
b.The home occupation shall be clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the building;
c.No display of products shall be clearly visible from the street, and only products produced on the premises may be sold on the premises, except that bonafide agricultural products grown on the premises may be displayed;
d.Use of the building for this purpose shall not exceed 25% of the principal building;
e.No internal or external alterations inconsistent with the residential use of the building shall be permitted;
f.The occupation shall not constitute a nuisance in the neighborhood;
g.No accessory buildings or outside storage shall be used in connection with the occupation except as otherwise provided in this ordinance;
h.Instruction of music and similar subjects shall be limited to two (2) students at a time;
i.Only vehicles used primarily as passenger vehicles shall be permitted in connection with the operation of a customary home occupation;
j.Only family day care homes as defined in this Ordinance are permitted as a customary home occupation. They shall have at least 35 square feetof usable indoor floor space provided for each child and the outdoor play area shall be enclosed on all sides to a height of at least four (4) feetby a fence; and
(Amended 3/21/06, Ordinance 06-05)
k.The following and similar uses shall not be considered home occupations:
Service station; ambulance service, rescue squad; taxi services; amusement or recreational activities (commercial); animal hospital; kennel, veterinarian clinic, or animal boarding place, automobile and related machine sales, repair or maintenance, pawn shop, acid storage and manufacturing, heavy manufacturing, fortune teller and palm reader.
5.Personal care home, community living arrangements and child caring institutions, provided:
a.The principal structure contains a residential façade architecturally similar to adjacent buildings;
b.Such facilities obtain all necessary local and state licenses; and
c.The use is limited to the principal structure only.
d.No such facility shall be located within 2,000 feet of any personal care home, community living arrangements or child caring institution; and
e.All facilities must provide at least 80 square feet of personal living space per resident or that amount required by the State of Georgia for the licensing of personal care homes, community living arrangements and child caring institutions whichever is greater. (Amended 3/21/06, Ordinance 06-05)
6.Religious institutions, churches, monasteries, mosques, synagogues and temples, provided:
a.Minimum lot size is three (3) acres;
b.All buildings shall be placed not less than 50 feet from any property lines, and are separated from any such property line, excluding the front property line, by a planted buffer strip; and
c.Accessory schools and cemeteries are permissible provided an additional three
(3)acres is provided in addition to the three (3) acre church requirement.
7.Schools and their customary related uses, provided:
a.Minimum lot size is three (3) acres;
b.Minimum lot frontage is at least 200 feet;
c.All buildings are located on a lot fronting a major or collector street, as determined by the Planning Commission; and
d.All buildings are placed not less than 50 feet from any property line and are separated from any such property line, excluding the front property line, by a planted buffer strip.
8.Cemetery, provided:
a.Minimum lot area shall be ten (10) acres;
b.Gravesites shall be set back at least 50 feet from all property lines;
c.No structure other than grave markers shall be located within 35 feet of property zoned for residential use;
d.A 20-foot buffer shall be provided in addition to requiredsetbacks along all property lines which adjoin any property zoned for residential use; and
e.Crematoriums shall not be allowed as an accessory or any other use in residential zoning districts. (Ordinance 2002-01, February 19, 2002)
9.Group day care homes, provided:
a.Such use must obtain certification and/or licensing from the appropriate state agency and must comply with all applicable state regulations;
b.At least 100 square feet shall be available for each child occupying the outside play area at any one time and said outdoor play area must be located within a side or rear yard;
c.They shall have at least 35 square feet of usable indoor floor space provided for each child;
d.The outdoor play area shall be enclosed on all sides to a height of at least four
(4)feet; and (Added 3/21/06, Ordinance 06-05)
e.The exterior appearance of any structure that is residential in nature and which is used as a group day care home shall be maintained in such a way that it conforms to the residential character of the surrounding neighborhood.
(Amended August 20, 2024; Ordinance No. 2024-Z-04)
D.Dimensional Requirements. The minimum dimensional requirements within the R-3 Zoning District shall be as follows:
1.Lot area per dwelling: 17,000 square feet;
2.Lot frontage: 80 feet;
3.Minimum floor area per dwelling unit: 1,600 square feet;
4.Front yard setback, as measured from the right-of-way: 40 feet;
5.Rear yard setback: 30 feet;
6.Side yard setback: 15 feet; and
7.Height: up to 35 feet.
§ 6-4
R-4 Single-Family Residential.
A.Description of District. The R-4 single-family residential district is intended to provide suitable areas for single-family, detached dwellings at medium densities, with access to both public water and sewerage.
B.Permitted Uses. Within the R-4 Zoning District, the following Permitted Uses shall be allowed:
1.Single-family detached dwellings;
2.Accessory uses and structures;
3.Clubs and recreation uses when part of the overall residential development and for the exclusive use of residents;
4.Non-commercial agriculture;
5.Parks and playgrounds; and
6.Public buildings and utilities.
C.Conditional Uses. Upon application to and approval by the Zoning Administrator, said approval being based solely on the compliance of all conditions required herein, the following Conditional Uses shall be allowed:
1.Child care learning centers, provided:
a.Such use must obtain certification and/or licensing from the appropriate stage agency and must comply with all applicable state regulations;
b.The minimum size of the outdoor play area must be equal to 100 square feet times one third (1/3) of the center’s licensed capacity for children and said outdoor play area must be located within a side or rear yard;
c.They shall have at least 35 square feet of usable indoor floor space provided for each child;
d.The outdoor play area shall be enclosed on all sides to a height ofat least four
(4)feet with a decorative wrought iron or aluminum fence; and (Amended 3/21/06, Ordinance 06-05)
e.The exterior appearance of any structure that is residential in nature and which is used as a child care learning center shall be maintained in such a way that it conforms to the residential character of the surrounding neighborhood. (Amended August 20, 2024; Ordinance No. 2024-Z-04)
2.Golf courses and driving ranges, provided:
a.Any building or structure established in connection with such use must be set back no less than 100 feet from any property line; and
b.Lighting shall be established in such a way that no direct light shall cast over any property line nor adversely affect neighboring properties.
3.Guest house, provided:
a.The main dwelling is located on a lot containing at least one (1) acre;
b.No more than one (1) shall be permitted on a lot with another dwelling;
c.Said guest house shall not be used for rental purposes;
d.Said guest house shall be located in the rear yard; and
e.Said guest house shall be limited to 900 square feet.
4.Home occupations provided that:
a.Only residents of the dwelling may be engaged in the home occupation;
b.The home occupation shall be clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the building;
c.No display of products shall be clearly visible from the street, and only products produced on the premises may be sold on the premises, except that bonafide agricultural products grown on the premises may be displayed;
d.Use of the building for this purpose shall not exceed 25% of the principal building;
e.No internal or external alterations inconsistent with the residential use of the building shall be permitted;
f.The occupation shall not constitute a nuisance in the neighborhood;
g.No accessory buildings or outside storage shall be used in connection with the occupation except as otherwise provided in this ordinance;
h.Intruction of music and similar subjects shall be limted to two (2) students at a time;
i.Only vehicles used primarily as passenger vehicles shall be permitted in connection with the operation of a customary home occupation;
j.Only family day care homes as defined in this Ordinance are permitted as a customary home occupation. They shall have at least 35 square feet of usable indoor floor space provided for each child and the outdoor play area shall be enclosed on all sides to a height of at least four (4) feet by a fence; and
(Amended 3/21/06, Ordinance 06-05)
k.The following and similar uses shall not be considered home occupations:
Service station; ambulance service, rescue squad; taxi services; amusement or recreational activities (commercial); animal hospital; kennel, veterinarian clinic, or animal boarding place, automobile and related machine sales, repair or maintenance, pawn shop, acid storage and manufacturing, heavy manufacturing, fortune teller and palm reader.
5.Personal care home, community living arrangements and child caring institutions, provided:
a.The principal structure contains a residential façade architecturally similar to adjacent buildings;
b.Such facilities obtain all necessary local and state licenses;and
c.The use is limited to the principal structure only.
d.No such facility shall be located within 2,000 feet of any personal care home, community living arrangements or child caring institution; and
e.All facilities must provide at least 80 square feet of personal living space per resident or that amount required by the State of Georgia for the licensing of personal care homes, community living arrangements and child caring institutions whichever is greater. (Amended 3/21/06, Ordinance 06-05)
6.Religious institutions, churches, monasteries, mosques, synagogues and temples, provided:
a.Minimum lot size is three (3) acres;
b.All buildings shall be placed not less than 50 feet from any property lines, and are separated from any such property line, excluding the front property line, by a planted buffer strip; and
c.Accessory schools and cemeteries are permissible provided an additional three
(3)acres is provided in addition to the three (3) acre church requirement.
7.Schools and their customary related uses, provided:
a.Minimum lot size is three (3) acres;
b.Minimum lot frontage is at least 200 feet;
c.All buildings are located on a lot fronting a major or collector street, as determined by the Planning Commission; and
d.All buildings are placed not less than 50 feet from any property line and are separated from any such property line, excluding the front property line, by a planted buffer strip.
8.Cemetery, provided:
a.Minimum lot area shall be ten (10) acres;
b.Gravesites shall be set back at least 50 feet from all property lines;
c.No structure other than grave markers shall be located within 35 feet of property zoned for residential use;
d.A 20-foot buffer shall be provided in addition to requiredsetbacks along all property lines which adjoin any property zoned for residential use; and
e.Crematoriums shall not be allowed as an accessory or any other use in residential zoning districts. (Ordinance 2002-01, February 19, 2002)
9.Group day care homes, provided:
a.Such use must obtain certification and/or licensing from the appropriate state agency and must comply with all applicable state regulations;
b.At least 100 square feet shall be available for each child occupying the outside play area at any one time and said outdoor play area must be located in a side or rear yard;
c.They shall have at least 35 square feet of usable indoor floor space provided for each child;
d.The outdoor play area shall be enclosed on all sides to a height of at least four
(4)feet; and (Added 3/21/06, Ordinance 06-05)
e.The exterior appearance of any structure that is residential in nature and which is used as a group day care home shall be maintained in such a way that it conforms to the residential character of the surrounding neighborhood.
(Amended August 20, 2024; Ordinance No. 2024-Z-04)
D.Dimensional Requirements. The minimum dimensional requirements within the R-4 Zoning District shall be as follows:
1.Lot area per dwelling unit: 12,000 square feet;
2.Lot width and frontage: 70 feet;
3.Minimum floor area per dwelling unit: 1,400 square feet;
4.Front yard setback, as measured from the right-of-way: 35 feet;
5.Rear yard setback: 25 feet;
6.Side yard setback: 10 feet; and
7.Height: up to 35 feet.
§ 6-5
R-6 Single-Family Residential.
A.Description of District. This district is composed of certain lands and structures in the City, having a medium density, residential character.
B.Permitted Uses. Within the R-6 Zoning District, the following Permitted uses shall be allowed:
1.Single-family detached dwellings;
2.Accessory uses and structures;
3.Clubs and recreation uses when part of the overall residential development and for the exclusive use of residents;
4.Non-commercial agriculture;
5.Parks and playgrounds; and
6.Public administration.
C.Conditional Uses. Upon application to and approval by the Zoning Administrator, said approval being based solely on the compliance of all conditions required herein, the following Conditional Uses shall be allowed:
1.Child care learning centers, provided:
a.Such use must obtain certification and/or licensing from the appropriate state agency and must comply with all applicable state regulations;
b.The minimum size of the outdoor play area must be equal to 100 square feet times one third (1/3) of the center’s licensed capacity for children and said outdoor play area must be located in a side or rear yard;
c.They shall have at least 35 square feet of usable indoor floor space provided for each child;
d.The outdoor play area shall be enclosed on all sides to a height of at least four (4) feet with a decorative wrought iron or aluminum fence; and
(Amended 3/21/06, Ordinance 06-05)
e.The exterior appearance of any structure that is residential in nature and which is used as a child care learning center shall be maintained in such a way that it conforms to the residential character of the surrounding neighborhood. (Amended August 20, 2024; Ordinance No. 2024-Z-04)
2.Golf courses and driving ranges, provided:
a.Any building or structure established in connection with such use must be set back no less than 100 feet from any property line; and
b.Lighting shall be established in such a way that no direct light shall cast over any property line nor adversely affect neighboring properties.
3.Guest house, provided:
a.The main dwelling is located on a lot containing at least one (1) acre;
b.No more than one (1) shall be permitted on a lot with another dwelling;
c.Said guest house shall not be used for rental purposes;
d.Said guest house shall be located in the rear yard; and
e.Said guest house shall be limited to 900 square feet.
4.Home occupations provided that:
a.Only residents of the dwelling may be engaged in the home occupation;
b.The home occupation shall be clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the building;
c.No display of products shall be clearly visible from the street, and only products produced on the premises may be sold on the premises, except that bonafide agricultural products grown on the premises may be displayed;
d.Use of the building for this purpose shall not exceed 25% of the principal building;
e.No internal or external alterations inconsistent with the residential use of the building shall be permitted;
f.The occupation shall not constitute a nuisance in the neighborhood;
g.No accessory buildings or outside storage shall be used in connection with the occupation except as otherwise provided in this ordinance;
h.Instruction of music and similar subjects shall be limited to two (2)
students at a time;
i.Only vehicles used primarily as passenger vehicles shall be permitted in connection with the operation of a customary home occupation;
j.Only family day care homes as defined in this Ordinance are permitted as a customary home occupation. They shall have at least 35 square feet of usable indoor floor space provided for each child and the outdoor play area shall be enclosed on all sides to a height of at least four (4) feet by a fence;
and (Amended 3/21/06, Ordinance 06-05)
k.The following and similar uses shall not be considered home occupations:
Service station; ambulance service, rescue squad; taxi services; amusement or recreational activities (commercial); animal hospital; kennel, veterinarian clinic, or animal boarding place, automobile and related machine sales, repair or maintenance, pawn shop, acid storage and manufacturing, heavy manufacturing, fortune teller and palm reader.
5.Personal care home, community living arrangements and child caring institutions, provided:
a.The principal structure contains a residential façade architecturally similar to adjacent buildings;
b.Such facilities obtain all necessary local and state licenses;
c.The use is limited to the principal structure only.
d.No such facility shall be located within 2,000 feet of any personal care home, community living arrangements or child caring institution; and
e.All facilities must provide at least 80 square feet of personal living space per resident or that amount required by the State of Georgia for the licensing of personal care homes, community living arrangements and child caring institutions whichever is greater. (Amended 3/21/06, Ordinance 06-05)
6.Religious institutions, churches, monasteries, mosques, synagogues and temples, provided:
a.Minimum lot size is three (3) acres;
b.All buildings shall be placed not less than 50 feet from any property lines, and are separated from any such property line, excluding the front property line, by a planted buffer strip; and
c.Accessory schools and cemeteries are permissible provided an additional three (3) acres is provided in addition to the three (3) acre church requirement.
7.Schools and their customary related uses, provided:
a.Minimum lot size is three (3) acres;
b.Minimum lot frontage is at least 200 feet;
c.All buildings are located on a lot fronting a major or collector street, as determined by the Planning Commission; and
d.All buildings are placed not less than 50 feet from any property line and are separated from any such property line, excluding the front property line, by a planted buffer strip.
8.Cemetery, provided:
a.Minimum lot area shall be ten (10) acres;
b.Gravesites shall be set back at least 50 feet from all property lines;
c.No structure other than grave markers shall be located within 35 feet of property zoned for residential use;
d.A 20-foot buffer shall be provided in addition to requiredsetbacks along all property lines which adjoin any property zoned for residential use; and
e.Crematoriums shall not be allowed as an accessory or any other use in residential zoning districts. (Ordinance 2002-01, February 19, 2002)
9.Group day care homes, provided:
a.Such use must obtain certification and/or licensing from the appropriate state agency and must comply with all applicable state regulaitons;
b.At least 100 square feet shall be available for each child occupying the outside play area at any one time and said outdoor play area must be located within a side or rear yard;
c.They shall have at least 35 square feet of usable indoor floor space provided for each child;
d.The outdoor play area shall be enclosed on all sides to a height of at least four (4) feet; and (Added 3/21/06, Ordinance 06-05)
e.The exterior appearance of any structure that is residential in nature and which is used as a group day care home shall be maintained in such a way that it conforms to the residential character of the surrounding neighborhood. (Amended August 20, 2024; Ordinance No. 2024-Z-04)
D.Dimensional Requirements. The minimum dimensional requirements within the R-6 Zoning District shall be as follows:
1.Lot area per dwelling: single family dwelling with both central sanitary sewage and central water distribution systems: 6,000 square feet;
2.Lot width and frontage: 50 feet;
3.Minimum floor area per dwelling unit: 1,200 square feet;
4.Front yard setback, as measured from the right-of-way: 20 feet;
5.Rear yard setback: 10 feet;
6.Side yard setback: 7.5 feet (Ordinance 2002-04, March 19, 2002);
7.Height: up to 35 feet; and
8.Where lots front on a cul-de-sac, lot widths shall be a minimum of 35 feet, but all other dimensional requirements apply.
§ 6-6
RMD-1 Residential Medium Density.
A.Description of District. This District is composed of certain lands in the City intended to be used primarily for medium-density, single-family detached residences. The minimum size of a land parcel permitted in the RMD-1 Zoning District shall be 10 acres.
B.Permitted Uses. Within the RMD-1 Zoning District, the following uses shall be permitted:
1.Single-family detached dwellings;
2.Accessory uses and structures;
3.Non-commercial agriculture; and
4.Clubs and recreation uses when part of the overall residential development and for the exclusive use of residents.
C.Conditional Uses. Upon application to and approval by the Zoning Administrator said approval being based solely on the compliance with all of the conditions required herein, the uses listed below may be permitted in the RMD-1 Residence District:
1.Child care learning centers, provided:
a.Such use must obtain certification and/or licensing from the appropriate state agency and must comply with all applicable state regulations;
b.The minimum size of the outdoor play area must be equal to 100 square feet times one third (1/3) of the center’s licensed capacity for children and said outdoor play area must be located within a side or rear yard;
c.They shall have at least 35 square feet of usable indoor floor space provided for each child;
d.The outdoor play area shall be enclosed on all sides to a height of at least four (4) feet with a decorative wrought iron or aluminum fence; and
(Amended 3/21/06, Ordinance 06-05)
e.The exterior appearance of any structure that is residential in nature and which is used as a child care learning center shall be maintained in such a way that it conforms to the residential character of the surrounding neighborhood. (Amended August 20, 2024; Ordinance No. 2024-Z-04)
2.Golf courses and driving ranges, provided:
a.Any building or structure established in connection with such use must be set back no less than 100 feet from any property line; and
b.Lighting shall be established in such a way that no direct light shall cast over any property line nor adversely affect neighboring properties.
3.Guest house, provided:
a.The main dwelling is located on a lot containing at least one (1) acre;
b.No more than one (1) shall be permitted on a lot with another dwelling;
c.Said guest house shall not be used for rental purposes;
d.Said guest house shall be located in the rear yard; and
e.Said guest house shall be limited to 900 square feet.
4.Home occupations provided that:
a.Only residents of the dwelling may be engaged in the home occupation;
b.The home occupation shall be clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the building;
c.No display of products shall be clearly visible from the street, and only products produced on the premises may be sold on the premises, except that bonafide agricultural products grown on the premises may be displayed;
d.Use of the building for this purpose shall not exceed twenty-five (25)
percent of the principal building;
e.No internal or external alterations inconsistent with the residential use of the building shall be permitted;
f.The occupation shall not constitute a nuisance in the neighborhood;
g.No accessory buildings or outside storage shall be used in connection with the occupation except as otherwise provided in this ordinance;
h.Instruction of music and similar subjects shall be limited to two (2)
students at a time;
i.Only vehicles used primarily as passenger vehicles shall be permitted in connection with the operation of a customary home occupation;
j.Only family day care homes as defined in this Ordinance are permitted as a customary home occupation. They shall have at least 35 square feet of usable indoor floor space provided for each child and the outdoor play area shall be enclosed on all sides to a height of at least four (4) feet by a fence;
and (Amended 3/21/06, Ordinance 06-05)
k.The following and similar uses shall not be considered home occupations:
Service station; ambulance service, rescue squad; taxi services; amusement or recreational activities (commercial); animal hospital; kennel, veterinarian clinic, or animal boarding place, automobile and related machine sales, repair or maintenance, pawn shop, acid storage and manufacturing, heavy manufacturing, fortune teller and palm reader.
5.Personal care home, community living arrangements and child caring institutions, provided:
a.The principal structure contains a residential façade architecturally similar to adjacent buildings;
b.Such facilities obtain all necessary local and state licenses;
c.The use is limited to the principal structure only;
d.No such facility shall be located within 2,000 feet of any personal care home, community living arrangements or child caring institution; and
e.All facilities must provide at least 80 square feet of personal living space per resident or that amount required by the State of Georgia for the licensing of personal care homes, community living arrangements and child caring institutions whichever is greater. (Amended 3/21/06, Ordinance 06-05)
6.Religious institutions, churches, monasteries, mosques, synagogues and temples, provided:
a.Minimum lot size is three (3) acres;
b.All buildings shall be placed not less than 50 feet from any property lines, and are separated from any such property line, excluding the front property line, by a planted buffer strip; and
c.Accessory schools and cemeteries are permissible provided an additional three (3) acres is provided in addition to the three (3) acre church requirement.
7.Schools and their customary related uses, provided:
a.Minimum lot size is three (3) acres;
b.Minimum lot frontage is at least 200 feet;
c.All buildings are located on a lot fronting a major or collector street, as determined by the Planning Commission; and
d.All buildings are placed not less than 50 feet from any property line and are separated from any such property line, excluding the front property line, by a planted buffer strip.
8.Cemetery, provided:
a.Minimum lot area shall be ten (10) acres;
b.Gravesites shall be set back at least 50 feet from all property lines;
c.No structure other than grave markers shall be located within 35 feet of property zoned for residential use;
d.A 20-foot buffer shall be provided in addition to required setbacks along all property lines which adjoin any property zoned for residential use; and
e.Crematoriums shall not be allowed as an accessory or any other usein residential zoning districts. (Ordinance 2002-01, February 19, 2002)
9.Group day care homes, provided:
a.Such use must obtain certification and/or licensing from the appropriate state agency and must comply with all applicable state regulations;
b.At least 100 square feet shall be available for each child occupying the outside play area at any one time and said outdoor play area must be located within a side or rear yard;
c.They shall have at least 35 square feet of usable indoor floor space provided for each child;
d.The outdoor play area shall be enclosed on all sides to a height of at least four (4) feet; and (Added 3/21/06, Ordinance 06-05)
e.The exterior appearance of any structure that is residential in nature and which is used as a group day care home shall be maintained in such a way that it conforms to the residential character of the surrounding neighborhood. (Amended August 20, 2024; Ordinance No. 2024-Z-04)
D.Density and Spacing Requirements. A maximum of four (4) single-family detached units per acre is allowed in the RMD-1 Residence District. No structure shall be located within 40 feet of another structure when front-to-front, front to rear or rear-to-rear; otherwise, no structure shall be located within 51 feet of another structure. No structure shall be located closer than 20 feet to all rear property lines; no structure shall be located closer than 20 feet to a public street right-of-way. (Amended 3/20/07, Ordinance 07-06)
E.Parking Requirements. There shall be two (2) off-street spaces per dwelling unit. No parking shall be permitted within 10 feet of any exterior boundary line.
F.Recreation Requirements. Within a single-family RMD-1 Residence District, at least 15% of the total gross land area of the development shall be devoted to recreation or open space suitable for recreation purposes. Areas utilized as streets, driveways, parking and yards may not be used in the computation of recreation and open space requirements. A 20-foot planted buffer strip attaining a height of 10 feet shall be provided along all side and rear lines and may be considered as part of the usable open space requirement.
G.Streets. Streets in the RMD-1 Zoning District shall be standard, public streets.
H.Site Plan Review. The preliminary and final site plan review shall follow the same procedures required of all subdivision plats in Union City.
I.Dimensional Requirements. The dimensional requirements within the RMD-1 Zoning District shall be as follows:
1.The development area shall contain no less than ten (10) contiguous acres and shall abut an arterial or collector thoroughfare as classified by the Union City Major Thoroughfare Plan with no less than 500 feet of frontage.
2.The development shall have a minimum lot width of 500 feet.
J.Dimensional Requirements for Individual Lots. The minimum building requirements within the RMD-1 Zoning District shall be as follows:
1.Lot area per dwelling: 6,000 square feet;
2.Lot width and frontage: 60 feet;
3.Minimum floor area per dwelling unit: 1,200 square feet;
4.Front yard setbacks, as measured from the right-of-way: 20 feet (Amended 3/20/07, Ordinance 07-06);
5.Rear yard setback: 20 feet (Amended 3/20/07, Ordinance 07-06);
6.Side yard setback: 7.5 feet (Amended 3/20/07, Ordinance 07-06); and
7.Height: up to 35 feet.
§ 6-7
RM Residential Multi-family.
A.Description of District. This district is composed of certain lands and structures in the City, having a high density of multi-family dwelling units, residential character and is designed to provide orderly development of single, two and multi-family dwellings, e.g. cottage homes, townhouses, apartment buildings and attached single-family dwellings.
B.Permitted Uses. Within the RM Zoning District, the following Permitted uses shall be allowed:
1.Single-family detached dwellings;
2.Two-family or duplex dwellings;
3.Townhouse dwellings;
4.Cottage home courts;
5.Multi-family dwellings;
6.Accessory buildings and uses;
7.Clubs and recreation uses when part of the overall residential development and for the exclusive use of residents; and
8.Public Administration.
C.Conditional Uses. Upon application to and approval by the Zoning Administrator, said approval being based solely on the compliance of all conditions required herein, the following Conditional Uses shall be allowed:
1.Home Occupations provided that:
a.Only residents of the dwelling may be engaged in the home occupation;
b.The home occupation shall be clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the dwelling;
c.No display of products shall be clearly visible from the street, and only products produced on the premises may be sold on the premises, except that bona fide agricultural products grown on the premises may be displayed;
d.Use of the dwelling for this purpose shall not exceed 25 percent of the principal dwelling;
e.No internal or external alterations inconsistent with the residential use of the dwelling shall be permitted;
f.The occupation shall not constitute a nuisance in the neighborhood;
g.No accessory buildings or outside storage shall be used in connection with the occupation except as otherwise provided in this ordinance;
h.Instruction of music and similar subjects shall be limited to two (2)
students at a time;
i.Only vehicles used primarily as passenger vehicles shall be permitted in connection with the operation of a customary home occupation; and
j.The following and similar uses shall not be considered home occupations:
Service station; ambulance service, rescue squad; taxi services; amusement or recreational activities (commercial); animal hospital; kennel, veterinarian clinic, or animal boarding place, automobile and related machine sales, repair or maintenance, pawn shop, acid storage and manufacturing, heavy manufacturing, fortune teller and palm reader.
2.Religious institutions, churches, monasteries, mosques, synagogues and temples, provided:
a.Minimum lot size is three (3) acres;
b.All buildings shall be placed not less than 50 feet from any property lines, and are separated from any such property line, excluding the front property line, by a planted buffer strip; and
c.Accessory schools and cemeteries are permissible provided an additional three (3) acres is provided in addition to the three (3) acre church requirement.
3.Schools and their customary related uses, provided:
a.Minimum lot size is three (3) acres;
b.Minimum lot frontage is at least 200 feet;
c.All buildings are located on a lot fronting a major or collector street, as determined by the Planning Commission; and
d.All buildings are placed not less than 50 feet from any property line and are separated from any such property line, excluding the front property line, by a planted buffer strip.
4.Cemetery, provided:
a.Minimum lot area shall be ten (10) acres;
b.Gravesites shall be set back at least 50 feet from all property lines;
c.No structure other than grave markers shall be located within 35 feet of property zoned for residential use;
d.A 20-foot buffer shall be provided in addition to required setbacks along all property lines which adjoin any property zoned for residential use; and
e.Crematoriums shall not be allowed as an accessory or any other use in residential zoning districts. (Ordinance 2002-01, February 19, 2002)
D.Special Regulations. The following regulations shall apply to the RM Zoning District in addition to any other applicable regulation of this Ordinance:
1.Each dwelling unit within the development shall be connected to existing public central water and central sanitary sewage systems contained within the development area. The private systems shall be of sufficient size and design to meet the needs of the development and shall have the approval of the City Engineer, the State Health Department and the Department of Natural Resources.
2.The development shall contain a storm sewage system of sufficient size and design which will, in the opinion of the City Engineer, be adequate to collect, carry off and dispose of any projected runoff from the area.
3.The developer shall provide solid waste (refuse) collection and disposal services for the development area.
E.Dimensional Requirements. The Dimensional requirements within the RM Zoning District for developments shall be as follows:
1.The development area shall contain no less than five (5) contiguous acres with exception of single and two family dwellings. Single family dwellings must be situated on a lot no less than 15,000 square feet and two family dwellings must be situated on a lot no less than 25,000 square feet. Cottage home courts must be situated on a lot no less than one (1) acre.
2.The development shall abut an arterial or collector thoroughfare as classified in the Union City Major Thoroughfare Plan with no less than 200 feet of frontage. This requirement shall not apply to single-family dwellings and two family dwellings, and cottage home courts.
3.The maximum density for a cottage home development shall be nine (9) units per net acre. The maximum density of any other multi-family development shall be eighteen (18) units per net acre. This requirement shall not apply to single family dwellings and two family dwellings.
4.At least 20% of the gross acreage for a multi-family development shall be reserved for recreational use and/or maintained open space accessible to all residents of the development. At least one-half (½) of land reserved for these purposes must be utilized for any combination of the following recreational purposes: tennis courts, swimming pools, clubhouses or community centers, playgrounds, picnic areas and walking/running trails. Of the recreation area required no more than 50% can be located within the floodplain. Such facilities must be constructed as a part of initial development construction.
5.No multi-family dwelling structure shall be located within 60 feet of another multi-family dwelling structure when front-to-front, front to rear, or rear-to-rear; otherwise, no multi-family dwelling structure shall be located within 30 feet of another structure.
6.Exterior wall design for multi-family residential.
a.Elevations shall be staggered with alternating exterior treatments such as porches, balconies, awnings, chimneys, stoops, decks, patios and terraces.
b.New development or construction shall maintain compatibility with surrounding buildings and community features.
7.Roof design for multi-family residential.
a.Each building shall consist of a minimum of two alternating roofy types, specifically open gable, boxed gable, dormer, hip or flat rooflines.
b.Utility meters or equipment on roofs shall be screened from the view of a public right-of-way or from surrounding property.
8.Yard and landscaping requirements for multi-family residential.
a.A 20-foot grass and landscaping strip between parking and building shall be installed and maintained.
b.Detention ponds shall have a six (6) foot fence around the perimeter and be secured with a lock and key.
9.For development, a 20-foot planted buffer strip attaining a height of 10 feet shall be provided along all side and rear lines and may be considered as part of the useable and maintained open space requirements. This requirement shall not apply to single family dwellings and two family dwellings.
10.The following shall apply to any cottage home court:
a.There shall be a minimum of four hundred (400) square feet per unit of common open space.
b.At least fifty (50%) percent of the units shall be oriented around the common open space with covered porches or main entries facing the common open space.
c.There shall be a minimum of ten (10) feet of separation between all structures.
11.The minimum building requirements within the RM Zoning District shall be as follows:
a.Single family detached dwellings:
i.Lot area per dwelling unit: 15,000 square feet;
ii.Lot width and frontage: 75 feet;
iii.Minimum floor area per dwelling unit: 1,200 square feet;
iv.Front yard setback, as measured from the right-of-way: 40 feet;
v.Rear yard setback: 30 feet;
vi.Side yard setback: 15 feet; and
vii.Height: up to 35 feet.
b.Two family dwellings:
i.Lot area per dwelling unit: 25,000 square feet;
ii.Lot width and frontage: 100 feet;
iii.Minimum floor area per dwelling unit: 1,000 square feet;
iv.Front yard setback, as measured from the right-of-way: 50 feet;
v.Rear yard setback: 20 feet;
vi.Side yard setback: 15 feet; and
vii.Height: up to 35 feet.
c.Townhouse dwellings:
i.Lot area per dwelling unit: 3,000 square feet;
ii.Lot width and frontage: 35 feet;
iii.Minimum floor area per dwelling unit: 1,000 square feet;
iv.Front yard setback, as measured from the right-of-way: 25 feet;
v.Rear yard setback: 15 feet;
vi.Side yard setback: 0 feet/20 feet spacing between units;
vii.Height: up to 35 feet; and
viii.All rear entry garages shall abut an alley.
d.Cottage home courts (setbacks shall apply to the entire development as a whole):
i.Minimum floor area per dwelling unit: 900 square feet;
ii.Front yard setback, as measured from the right-of-way: 15 feet;
iii.Rear yard setback: 10 feet;
iv.Side yard setback: 6 feet;
v.Height: up to 27 feet.
e.Multifamily dwellings:
i.Lot width and frontage: 100 feet;
ii.Minimum floor area per dwelling unit:
a)Efficiency apartments: 500 square feet;
b)One bedroom apartments: 800 square feet;
c)Two bedroom apartments: 1,000 square feet;
iii.Front yard setback, as measured from the right-of-way: 40 feet;
iv.Rear yard setback: 20 feet;
v.Side yard setback: 20 feet; and
vi.Height: up to 35 feet.
12.Public streets within or adjoining a townhouse, cottage home court or multifamily development, shall have sidewalks not less than four (4) feet in width. Where a development uses an access strip for development access, the minimum length of sidewalks provided along a public street shall be 450 feet.
13.Site layout for townhouse, cottage home court or multifamily developments must provide for the access and egress of fire fighting equipment, ambulance, police, animal control, recycling and utility service vehicles. Plans must be reviewed and approved by either the State or City Fire Marshal, as appropriate.
14.Outdoor enclosed solid waste collection stations shall be provided for townhouse, cottage home court or multifamily developments and shall be located so as not to be a nuisance or hazard to development residents and shall be screened and landscaped to avoid visual exposure of garbage and trash containers.
15.Parking areas, service areas, walks, steps, streets, and recreational areas in townhouse, cottage home court or multifamily developments shall be illuminated to assure safe and convenient nighttime use. Lighting fixtures shall be properly shaded to screen the windows of dwelling units from the direct rays or glare of light. Minimum illumination requirements shall be in accordance with the most recent edition of Illuminating Engineering Society Standards and Guidelines.
(New Section -Adopted 9/17/02, Ordinance 02-12) (Amended August 20, 2024;
Ordinance No. 2024-Z-03)
§ 6-8
MHP Manufactured Home Park/Modular Home Park.
A.Description of District. This district is composed of certain lands and structures in the City for the purpose of providing the proper development of mobile home parks and modular home parks.
B.Permitted Uses. Within the MHP Zoning District, the following Permitted Uses shall be allowed:
1.Manufactured homes;
2.Accessory buildings and uses;
3.Office trailer; and
4.Non-commercial agriculture.
C.Conditional Uses. Upon application to and approval from the Zoning Administrator, said approval being based solely on the compliance of all conditions required herein, the following Conditional Uses shall be allowed:
D.Special Regulations. The following regulations shall apply to the MHP Zoning District in addition to any other applicable regulation of this Ordinance:
1.Development Plan. The applicant shall file a petition with the Zoning Administrator for approval of a Manufactured Home Park District. This application shall be supported by three (3) copies of a written summary of the development planned, known as a Letter of Intent, which shall describe the proposed development in detail and a Site Plan. The Site Planand Letter of Intent shall present the following information:
a.A draft of the proposed rules and regulations which shall be established and enforced by the management of the mobile home park;
b.Existing topographic conditions, including where necessary, contour intervals of not less than two (2) feet based on field surveys or photogrammetric methods at a minimum scale of 1 inch equals 100feet (1” =100’);
c.The existing and proposed land uses and the approximate location of all buildings and structures;
d.The location of existing and proposed streets and parking areas;
e.A legal description of subject property;
f.Typical elevation drawings, indicating general architectural style and building exterior materials, if possible, of all permanent buildings and structures to be constructed on the premises;
g.A summary of acres, dwelling units and gross density, as well as a statement of the number of acres devoted to buffer areas, recreational areas and green belts or other amenities, such as lakes, etc.;
h.A description of the phases under which construction shall be programmed, depicting the geographical limits of each phase of construction; and
i.Specific plans for provision of central water and central sanitary sewage systems.
2.Pre-application Conference. Prior to filing a formal application for a manufactured home park or Manufactured Home Park District (MHP) the applicant is encouraged to confer with the Planning Commission in order to provide for review of the general character of the proposedmanufactured home development (on basis on tentative land use sketch, if available), and to obtain information on projected programs or improvements, as well as City requirements.
3.Approval. After review and public hearing the Mayor and Council may approve, disapprove or approve with modifications to the Site Plan and/or Letter of Intent, after receiving the Letter of Recommendation of the Union City Planning Commission.
4.Use Regulations. In addition to the above listed permitted uses, within any Manufactured Home Park Zoning District (MHP), a building, landor premises shall be used only for the following uses:
a.Parking and inhibiting of manufactured homes in parks with a minimum of 50 spaces, provided all facilities shown on the Site Plan submitted to and approved by the Mayor and Council are installed and maintained according to the schedule submitted with the Site Plan and stipulations of the Letter of Intent;
b.Recreation areas, office and/or maintenance and storage buildings, incidental to use by residents of the Manufactured Home Park only. No repair facilities of any type including automobile repair shall be permitted; and
c.Laundromat, including coin operated dry cleaning, as accessory to a Manufactured Home Park as designated on an approved Site Plan.
5.Perimeter Requirements.
a.A buffer zone having a minimum width of 150 feet shall be provided so as to provide a continuous buffer along all side and rear yard of any Manufactured Home Zoning District;
b.A buffer zone having a minimum depth of 100 feet shall extend along the entire frontage on any Manufactured Home Park District; and
c.Where the existing foliage in the buffer zones are not sufficient to provide and maintain an evergreen visual screen between adjacent properties, landscaping and planting shall be required sufficient to provide visual separation and privacy between a Manufactured Home Park District and adjacent properties and/or street.
6.Storage Requirements. Each Manufactured Home Park shall provide an area for the storage of boats, travel trailer and/or other vehicles which shall be at least 10% of the gross area of the Manufactured Home Park provided; however, said 10% is not located in a flood hazard area.
7.Circulation System. Each Manufactured Home Park or shall provide the following minimum facilities on the site:
a.All streets within the Manufactured Home Park shall be paved to a minimum width of 24 feet. All drives and drainage structures within the development shall be constructed in accordance with the Union City Subdivision Regulations;
b.Each Manufactured Home Park Zoning District over 20 acres in size shall have a minimum of two (2) access streets or drive to provide ingress and egress for vehicular traffic; and
c.Provision shall be made for safe, all-weather pedestrian movement within the development.
8.Utilities. Each manufactured home or modular home shall be served by central water, central sanitary sewage system, electricity and gas. All utilities shall be placed underground.
9.Night Lighting. Streets, pedestrian walkways and parking areas shall be adequately lighted.
10.Garbage and Refuse Collection Facilities. Garbage refuse collection shall be provided by the Manufactured Home Park owner.
11.Recreation Facilities. A minimum of 10% of the gross acreage of the Manufactured Home Park shall be provided for common facilities, open space, and recreation for the residents of the Manufactured Home Park.
E.Dimensional Requirements. Dimensional requirements within the MHP District shall be as follows:
1.No Manufactured Home Park or shall be constructed or maintained on a lot or tract of a total area of less than 10 acres.
2.A Manufactured Home Park or shall be located only on a tract or parcel of land having a minimum of 200 feet of frontage on a major thoroughfare or be located on a minor thoroughfare having direct access to and within 600 feet of such major thoroughfare.
3.Each manufactured home shall be located on a separate lot as follows:
a.Minimum width of 60 feet at the pad location;
b.Minimum of 6,000 square feet;
c.Be defined by a marker at each corner. Precise engineering of lot limits is not required; and
d.Shall provide a paved concrete or all-weather patio area having a minimum area of 300 square feet.
4.Manufactured Home Sitting Requirements. No manufactured home shall be located within:
a.Four (4) feet of its individual lot line; or
b.15 feet of any street of drive within the Manufactured Home Park.
5.Within 60 days of the sitting of a manufactured home on its lot, the under-carriage of a manufactured home or modular home shall be concealed from view, through the use of permanent non-inflammable construction materials.
6.The minimum rear yard setback as measured from the manufactured home park line to the nearest pad shall be 20 feet.
7.The minimum side yard setback shall be 20 feet.
F.Other Requirements.
1.All requirements of the City and State health departments that are not included in these regulations shall be complied with.
2.All regulations of the City and State Fire Marshal’s Office shall be adhered to.
§ 6-9
O-I Office and Institutional.
A.Description of District. This district is composed of certain lands and structures to provide and encourage suitable areas for business and professional offices, hospitals, medical and dental clinics, educational facilities, religious and public facilities. This district is intended to serve as a transitional area between residential and commercial uses.
B.Permitted Uses. Within the O-I Zoning District, the following Permitted Uses shall be allowed:
1.Accounting, tax preparation, bookkeeping and payroll offices;
2.Ambulance services;
3.Architectural, engineering and related offices;
4.Assembly halls;
5.Banks and other financial institutions;
6.Civic & social organizations; business, professional, political & similar organizations;
7.Finance, real estate and insurance offices;
8.Florists;
9.Gift, novelty and souvenir shops;
10.Health and personal care stores;
11.Hospitals;
12.Legal offices;
13.Libraries;
14.Medical and dental laboratories;
15.Newsstands;
16.Offices of physicians, dentists and other health practitioners;
17.Outpatient care centers;
18.Parks and playgrounds;
19.Public buildings and utilities; and
20.Religious institutions, churches, monasteries, mosques, synagogues and temples.
Any use accessory to a use permitted by this paragraph, 21., shall not be permitted in the O-I Zoning District unless the accessory use complies with all conditions within the zoning ordinance that are imposed on such use (Added Ordinance 03-12, 9/16/03).
C.Conditional Uses. Upon application to and approval by the Zoning Administrator, said approval being based solely on compliance with all the conditions required herein, the following conditional uses shall be allowed.
1.Adult day care services, provided:
a.Any required state certifications are obtained;
b.The total space in the center (excluding halls, kitchen, storage, bathrooms, office) shall be equal to thirty-five square feet of useable space per participant;
c.There shall be a minimum of two toilets and lavatories available. One toilet and lavatory shall be provided for each 12 participants;and
d.They shall have at least 75 square feet of outdoor recreation arealocated adjacent to the center per participant. The outdoor recreation area shall be enclosed on all sides to a height of at least four (4) feet.
2.Animal hospitals and veterinary clinics.
a.All structures shall be located and activities conducted at least 100 feet from any property zoned for residential use; and
b.All animals shall be housed within an enclosed building and adequate sound and odor control shall be maintained.
3.Child care learning centers, provided:
a.Such use must obtain certification and/or licensing from the appropriate state agency and must comply with all applicable state regulations;
b.The minimum size of the outdoor play area must be equal to 100 square feet times the maximum possible enrollment at the center;
c.They shall have at least 35 square feet of usable indoor floor space provided for each child, based upon maximum possible enrollment;
d.The outdoor play area shall be enclosed on all sides to a height of at least four
(4)feet with a decorative wrought iron or aluminum fence; and (Amended 3/21/06, Ordinance 06-05)
e.Driveway design shall permit vehicles to exit the property in a forward direction. (Amended August 20, 2024; Ordinance No. 2024-Z-04)
4.Eating establishments provided there is no drive-thru.
5.Funeral homes and mortuaries provided such use shall be at least 300 feet from any property zoned for residential use.
6.Sanitariums, rest and retirement homes, nursing homes, assisted living, personal care facilities and intermediate care homes (Added 3/21/06, Ordinance 06-05);
provided:
a.All state certifications must be obtained; and
b.Maximum 20 beds per gross acre of development.
7.Schools and their customary related uses, provided:
a.Minimum lot size is three (3) acres;
b.Minimum lot frontage is at least 200 feet;
c.All buildings are located on a lot fronting a major or collector street, as determined by the Planning Commission; and
d.All buildings are placed not less than 50 feet from any property line and are separated from any such property line, excluding the front property line, by a planted buffer strip.
8.Cemetery, provided:
a.Minimum lot area shall be ten (10) acres;
b.Gravesites shall be set back at least 50 feet from all property lines;
c.No structure other than grave markers shall be located within 35 feet of property zoned for residential use;
d.A 20-foot buffer shall be provided in addition to required setbacks along all property lines which adjoin any property zoned for residential use; and
e.Accessory crematoriums must be setback at least 200 feet from the buffer along all property lines which adjoin any property zoned for residential use.
9.Group day care homes, provided:
a.Such use must obtain certification and/or licensing from the appropriate state agency and must comply with all applicable state regulations;
b.The minimum size of the outdoor play area must be equal to 100 square feet times the maximum possible enrollment of the facility;
c.They shall have at least 35 square feet of usable indoor floor space provided for each child, base upon maximum possible enrollment;
d.The outdoor play area shall be enclosed on all sides to a height of at least four
(4)feet; and (Added 3/21/06, Ordinance 06-05)
e.Driveway design shall permit vehicles to exit the property in a forward direction. (Amended August 20, 2024; Ordinance 2024-Z-04)
10.Data centers, provided:
a.Minimum lot area shall be twenty (20) acres;
b.Transitional height restrictions. Where a data center use adjoins property that is zoned for a residential use, the height of a data center use shall be limited to forty (40) vertical feet for a horizontal distance of one hundred fifty
(150)feet as measured from the common property line;
c.Landscape strip. Where a data center use adjoins a public road, a planted landscape strip 50 feet wide shall be provided adjacent to the existing or dedicated right-of-way. Natural topography and existing vegetation, supplemented with new evergreen vegetation as needed, may be substituted for landscaping when found by the Zonin Administrator to provide appropriate screening;
d.Buffer. Where a data center use adjoins property that is zoned for residential use, a minimum 100-foot buffer shall be required adjacent to the common lot line. In all other cases, a minimum 50-foot buffer shall be required adjacent to the common lot line. In all cases, the setback shall be measured from the buffer;
e.Buffer Vegetation. The first 25 feet of buffer along the property line shall remain in an undisturbed, natural state, except for approved fencing, access and utility improvements. The remaining buffer may be disturbed and graded. If the buffer is disturbed, a minimum of three evergreen trees shall be planted per 100 linear feet of the buffer. Such trees shall have a minimum caliper of 2”, but at least 50% of such trees shall have a minimum caliper of 3”;
f.Building façades.
i.Building façades that are located within 200 feet of an adjacent public roadway or an adjoining residential use shall be composed of, or shall have the appearance of being composed of, brick, granite, stone, marble, terrazzo, glass, dryvit, redwood or other decorative wood, decorative block, stack bond with sculptured treatment or architectural metal paneling approved by the Community Development Director, with a minimum of 30% of such façade having the appearance of glass.
ii.Building façades located within 200 feet of an adjacent public roadway and exceeding a length of 200 feet shall be articulated through changes in the building materials listed above, the plane of the façade, installation of windows, recessed panels, trellis features, landscaping, wall articulation, arcades, or other features.
iii.Loading bays located in building façades that face adjacent public roads or adjacent residential uses shall be screened from view.
iv.Ground level and rooftop mechanical equipment shall be screened from view. This screening may be provided by a building. Mechanical equipment not screened by a building shall be screened by a visually solid fence, screen wall or panel, parapet wall, or other visually solid screen that shall be constructed of materials compatible with those used in the exterior construction of the building. Mechanical equipment located in a manner that has no adverse visual impact as viewed from adjacent roads or adjacent properties shall not be required to be screened;
g.Lights. Exterior lighting shall be designed and constructed with fully shielded fixtures that direct light downward and into the interior of the property and away from adjacent roads and adjacent properties;
h.Maximum sound level.
i.Nighttime. Between 11:00 p.m. and 7:00 a.m., the data center shall not generate noise in excess of 55 dB(A) or 10 dB(A) above ambient levels (whichever is more), when measured at the property boundary line shared with property zoned for residential use;
ii.Daytime.Between 7:00 a.m. and 11:00 p.m., the data center shall not generate noise in excess of 65 dB(A) or 10 dB(A) above ambient levels (whichever is more), when measured at the property boundary line shared with property zoned for residential use;
iii.Use of backup generators that exceed the maximum sound levels is permitted during emergency power outages. Testing of backup generators is limited to the hours between 9:00 a.m. and 5:00 p.m.;
i.Substations. Substations are considered accessory uses to data centers and shall not be located within 300 feet of an adjacent public road;
j.Parking. Data centers shall provide a maximum of one parking space per 600 square feet of gross floor area of the data center’s office component. No minimum parking ratio applies to data centers in the O-I district;
k.Loading. Data centers shall provide no more than a maximum of 6 loading spaces per building; and
l.Size of buildings. No individual building shall exceed 350,000 square feet in size. (Amended February 18, 2025; Ordinance No. 2025-Z-__)
C.Dimensional Regulations. The minimum dimensional requirement within the O-I Zoning District shall be as follows:
1.Lot area: 10,500 square feet;
2.Lot width and frontage: 70 feet;
3.Front yard setback, as measured from the right-of-way: 50 feet;
4.Rear yard setback: 20 feet;
5.Side yard setback: 12 ½ feet;
6.Buffer: if the rear or side yard abuts a Residential Zoning District, a minimum buffer of 30 feet adjacent to the lot line shall be provided in addition to the required setback. The setback shall be measured from the buffer;
7.Height: up to 75 feet; and
8.Lot Coverage, including structure and parking area: up to 80% of total lot area.
§ 6-10
NC Neighborhood Commercial.
A.Description of District. Uses in this district are intended primarily for those commercial uses that require a location accessible to large numbers of people and that serve a substantial portion of the community.
B.Permitted Uses. Within the NC Neighborhood Commercial District,the following uses shall be permitted:
1.Accounting, tax preparation, bookkeeping and payroll offices;
2.Ambulance Services;
3.Architecture, engineering & related services;
4.Art dealers;
5.Banks and other financial institutions;
6.Camera shops;
7.Convenience stores;
8.Copy centers;
9.Finance, real estate and insurance offices;
10.Florists;
11.Gift, novelty and souvenir shops;
12.Health & Personal Care Stores;
13.Hobby, game and toy stores;
14.Jewelry stores;
15.Legal offices;
16.Offices of physicians, dentists & other;
17.Personal care services;
18.Travel agent and tour operator offices;
19.Exam preparation and tutoring (Added Ordinance 03-09, 5/20/03); and
20.Religious institutions, churches, monasteries, mosques, synagogues and temples.
Any use accessory to a use permitted by this paragraph 20, shall not be permitted in the NC Zoning District unless the accessory use complies with all conditions within the zoning ordinance that are imposed on such use (Added Ordinance 03-12, 9/16/03).
C.Conditional Uses. Upon application to and approval from the Zoning Administrator, said approval being based solely on compliance with all the conditions required herein, the following conditional uses shall be allowed:
1.Adult Day Care Services, provided:
a.Any required state certifications are obtained;
b.The total space in the center (excluding halls, kitchen, storage, bathrooms, and office) shall be equal to thirty-five square feet of useable space per participant;
c.There shall be a minimum of two toilets and lavatories available. One toilet and lavatory shall be provided for each 12 participants; and
d.They shall have at least 75 square feet of outdoor play area located adjacent to the center per participant.
2.Animal hospitals and veterinary clinics.
a.All structures shall be located and activities conducted at least 100 feet from any property zoned for residential use; and
b.All animals shall be housed within an enclosed building and adequate sound and odor control shall be maintained.
3.Automobile service stations, provided that:
a.Pumps or similar devices shall be located at least twenty-five (25) feet from any public right-of-way or lot line;
b.All buildings and appurtenances are located at least one hundred (100) feet from any residential district line; and
c.All fuel is stored underground outside of any public right-of-way.
4.Car washes, provided:
a.The facility is tapped into the sanitary sewer; and
b.Grease, oil and sand interceptors shall be installed.
5.Clothing & clothing accessory stores provided the maximum gross floor area is 8,500 square feet.
6.Child care learning centers, provided:
a.Such use must obtain certification and/or licensing from the appropriate state agency and must comply with all applicable state regulations;
b.The minimum size of the outdoor play area must be equal to 100 square feet times the maximum possible enrollment of the center;
c.They shall have at least 35 square feet of usable indoor floor space provided for each child, based upon maximum possible enrollment;
d.The outdoor play area shall be enclosed on all sides to a height of at least four
(4)feet with a decorative wrought iron or aluminum fence; and (Amended 3/21/06, Ordinance 06-05)
e.Driveway design shall permit vehicles to exit the property in a forward direction. (Amended August 20, 2024; Ordinance No. 2024-Z-04)
7.Drugstores provided the maximum gross floor area is 6,500 square feet.
8.Eating establishments provided there is no drive thru.
9.Grocery and specialty food stores provided the maximum gross floor area is 15,000 square feet.
10.Office Supplies, Stationary & Gift stores provided the maximum gross floor area is 6,500 square feet.
11.Pet grooming and supply stores provided the maximum gross floor area is 3,500 square feet.
12.Sanitariums, rest and retirement homes, nursing homes, assisted living and personal care facilities, provided:
a.All required state certifications must be obtained; and
b.There is a maximum 20 beds per gross acre of development.
13.Self-service laundry provided that central water and central sanitary sewage systems are provided.
14.Schools and their customary related uses, provided:
a.Minimum lot size is three (3) acres;
b.Minimum lot frontage is at least 200 feet;
c.All buildings are located on a lot fronting a major or collector street, as determined by the Planning Commission; and
d.All buildings are placed not less than fifty (50) feet from any property line and are separated from any such property line, excluding the front property line, by a planted buffer strip.
15.Sporting Goods, Hobby, Book & Music Stores provided the maximum gross floor area is 8,500 square feet.
16.Dry cleaning & laundry services (except coin-operated), provided:
a.Dry cleaning plants using clean systems which make use of solvents rated at above 40 by the Underwriter’s Laboratories, Inc. Standard of Classification, known as Class I Systems shall be prohibited;
b.Dry cleaning plants which use cleaning systems which make use of solvents rated at more than five (5) but less than 40 according to the Underwriter’s Laboratories, Inc. Standard of Classification, known as Class II and Class III Systems, shall not be established in a building with other occupancy;
c.The dry cleaning plant shall be designed to operate in a manner that will not emit smoke or odor objectionable waste materials, and which will not produce noise that will carry beyond the walls of the building occupied by such plant;
d.Fuel for operation of equipment shall be smokeless fuel;
e.The applicant for the dry cleaning plant shall certify in writing at the time of application that all the above conditions will be met;
f.Central water and central sanitary sewage systems are required; and
g.There shall be no on-site storage of dry cleaning solvents in separate container apart from the dry cleaning apparatus (Adopted 7/16/02, Ordinance 02-09).
17.Group day care homes, provided:
a.Such use must obtain certification and/or licensing from the appropriate state agency and must comply with all applicable state regulations;
b.The minimum size of the outdoor play area must be equal to 100 square feet times the maximum possible enrollment of the facility;
c.They shall have at least 35 square feet of usable indoor floor space provided for each child, based upon maximum possible enrollment;
d.The outdoor play area shall be enclosed on all sides to a height ofat least four
(4)feet; and (Added 3/21/06, Ordinance 06-05)
e.Driveway design shall permit vehicles to exit the property in a forward direction. (Amended August 20, 2024; Ordinance 2024-Z-04)
D.Dimensional Requirements. The minimum dimensional requirements within the NC Zoning District shall be as follows:
1.Lot area: 10,500 square feet;
2.Lot width: 70 feet;
3.Front yard setback, as measured from the right-of-way: 50 feet;
4.Rear yard setback: 20 feet;
5.Side yard setback: 20 feet, if abutting on Agricultural or Residential District;
6.Buffer: if the rear or side yard abuts a Residential Zoning District, a minimum buffer of thirty (30) feet adjacent to the lot line shall be provided in addition to the required setback. The setback shall be measured from the buffer;
7.Height: up to 35 feet; and
8.Lot Coverage, including structure and parking area: up to 80% of total lot area.
F.Alcoholic Beverages. Within the NC, Neighborhood Commercial District, the sale of alcoholic beverages as defined in the Code of Ordinances of the City of Union City shall not be a permitted use nor allowed as a conditional use or special exception. (New Section –Adopted 4/17/01, Ordinance 2001-07)
§ 6-11
GC General Commercial.
A.Description of District. This district is intended to provide locations for various types of commercial, retail, restaurants, hotels, and professional office uses. This district is designed to promote a vibrant city and other unique development opportunities that encourage development and redevelopment efforts. (Amended 8/22/23; Ord. No. 2023-03)
B.Permitted Uses. Within the GC Zoning District, the following Permitted Uses shall be allowed:
1.Architecture, engineering and related services;
2.Art dealers;
3.Automobile and other motor vehicle dealers, including automobile brokers (no vehicles stored or for sale on site), new car dealers, used car dealers, recreational vehicle dealers, boat dealers and ATV dealers; (Amended 8/22/23; Ord. No.
2023-03)
4.Automotive parts, accessories & tire stores;
5.Banks and other financial institutions;
6.Building material & garden supply dealers;
7.Clinics (Ordinance No. 16 - ___; 5/17/16);
8.Clothing & clothing accessories stores;
9.Consumer goods rental;
10.Electronic & appliance stores;
11.Exam preparation and tutoring (Added Ordinance 06-46; 9/19/06);
12.Finance, real estate and insurance offices;
13.Fine Arts Schools (Ordinance 2014-01; 1/21/14);
14.Fitness and recreational sports centers (Ordinance 2014-01; 1/21/14);
15.Florists;
16.Furniture & home furnishings stores;
17.General merchandise stores, including department stores, pharmacies and drug stores, warehouse clubs and supercenters, small box discount stores, supermarkets and other grocery stores, convenience food stores (without fuel pumps), specialty food stores (not for on-premises consumption and not selling products made on-site), permanent produce stands, retail bakeries, temporary outdoor seasonal sales, temporary outdoor retail sales, and retail package stores; (Amended 8/22/23; Ord.
No. 2023-03)
18.Hotels & motels;
19.Legal services;
20.Management of companies & enterprises;
21.Museums;
22.Office supplies, stationary & gift stores;
23.Offices of physicians, dentists and other health practitioners;
24.Parking lots and garages;
25.Personal care services, including barber shops, beauty shops, beauty supply stores, day spas, ear piercing services, permanent makeup salons, massage wellness spas/centers, micro-blading tattoo services, nail salons, optical goods stores, personal chef services, personal fitness training services, tanning salons and tattoo parlors; (Amended 8/22/23; Ord. No. 2023-03)
26.Pest control;
27.Pet & pet supply stores;
28.Photo finishing;
29.Professional offices (non-medical related); (Amended 8/22/23; Ord. No. 2023-03)
30.Publishing;
31.Railroad or bus passenger stations;
32.Repair & maintenance of electronic & precision equipment and personal & household goods;
33.Restaurants;
34.Sporting good, hobby, book & music stores; and
35.Taxi & limousine services.
C.Conditional Uses. Upon application to and approval by the Zoning Administrator, said approval being based solely on compliance with all the conditions required herein, the following conditional uses shall be allowed, excluding item 11. Approval for item 11 must be obtained from the Planning Commission.
1.Adult day care services, provided:
a.Any required state certifications are obtained;
b.The total space in the center (excluding halls, kitchen, storage, bathrooms, office) shall be equal to 35 square feet of useable space per participant;
c.There shall be a minimum of two toilets and lavatories available. One toilet and lavatory shall be provided for each 12 participants; and
d.They shall have at least 75 square feet of outdoor play area located adjacent to the center per participant.
2.Animal hospitals and veterinary clinics.
a.All structures shall be located and activities conducted at least 100 feet from any property zoned for residential use; and
e.All animals shall be housed within an enclosed building and adequate sound and odor control shall be maintained.
3.Automobile equipment rental & leasing, provided:
a.An automobile rental leasing office shall have not more than 20 vehicles stored on the site at any given time. Further, the total number of rental or lease vehicles for all such operations within any commercial complex containing other commercial enterprises cannot be greater than 10% of the total parking spaces provided. This restriction applies to rental or leasing offices not located on separate lots;
b.The automobile rental or leasing office must be located in a permanent structure. Temporary, portable, mobile or other non-permanent structures are not permitted;
c.In addition to the minimum number of parking spaces required under ARTICE IX of this Ordinance, a parking space must be provided for each rental or lease vehicle stationed at the automobile rental orleasing office. These spaces must be located so as not to interfere with customer parking for other commercial enterprises sharing a complex; and
d.Repairs, fueling and servicing of rental or lease vehicles is not permitted at the rental of leasing office. Repairs, fueling and servicing of rental or lease vehicles is not permitted at the rental of leasing office.
4.Automotive repair & maintenance except car washes, provided:
a.All activities shall take place within an enclosed building;
b.All outdoor storage must be to the rear of the principal structure and enclosed by a fence no less than six (6) feet in height; and
c.Automobile repair & maintenance shall not be located within one thousand five hundred (1,500) feet to another automobile repair & maintenance establishment. (Amended 8/22/23; Ord. No. 2023-03)
5.Automobile service stations, provided that:
a.Pumps or similar devices shall be located at least 25 feet from any public right-of-way or lot line;
b.All gas pumps and storage tanks are located at least 100 feet from any residential zoning zoning district line or the property line of any legal non-conforming residential lot (Ordinance 2005-09; adopted June 21,2005);
c.All fuel is stored underground outside of any public right-of-way; and
d.Automobile service stations shall not be located within one thousand five hundred (1,500) feet to another automobile service station. (Amended 8/22/23;
Ord. No. 2023-03)
6.Car washes, provided;
a.Central sanitary sewer is required; and
b.A grease, oil and sand interceptor shall be installed.
7.Child care learning centers, provided:
a.Such use must obtain certification and/or licensing from the appropriate state agency and must comply with all applicable state regulations;
b.The minimum size of the outdoor play area must be equal to 100 square feet times the maximum possible enrollment of the center;
c.They shall have at least 35 square feet of usable indoor floor space provided for each child, based upon maximum possible enrollment;
d.The outdoor play area shall be enclosed on all sides to a height of at least four
(4)feet with a decorative wrought iron or aluminum fence; and (Amended 3/21/06, Ordinance 06-05)
e.Driveway design shall permit vehicles to exit the property in a forward direction. (Amended August 20, 2024; Ordinance No. 2024-Z-04)
8.Dry cleaning & laundry services (except coin-operated), provided:
a.Dry cleaning plants using clean systems which make use of solvents rated at above 40 by the Underwriter’s Laboratories, Inc. Standard of Classification, known as Class I Systems shall be prohibited;
b.Dry cleaning plants which use cleaning systems which make use of solvents rated at more than five (5) but less than 40 according to the Underwriter’s Laboratories, Inc. Standard of Classification, known as Class II and Class III Systems, shall not be established in a building with other occupancy;
c.The dry cleaning plant shall be designed to operate in a manner that will not emit smoke or odor objectionable waste materials, and which will not produce noise that will carry beyond the walls of the building occupied by such plant;
d.Fuel for operation of equipment shall be smokeless fuel;
e.The applicant for the dry cleaning plant shall certify in writing at the time of application that all the above conditions will be met;
f.Central water and central sanitary sewage systems are required; and
g.There shall be no on-site storage of dry cleaning solvents inseparate container apart from the dry cleaning apparatus.
9.Residential dwellings accessory to commercial uses. This classification is intended to allow residential dwellings in commercial uses within the GC Zoning District. The purpose of this classification is to accommodate business owners who wish to reside on their property for the purpose of providing additional security and easy access to the business. The purpose is not to allow every commercial operation to have a residential unit attached to it but to allow such a use under specific circumstances provided below.
a.Only one (1) dwelling unit per commercial use is permitted;
b.The gross floor area occupied by residential uses shall not exceed 25% of the total gross floor area of the existing building or 3,000 square feet of dwelling unit per commercial structure, whichever is less;
c.Minimum lot size of 1.5 acres is required;
d.The ground floor of any structure shall be utilized for commercial purposes only;
e.Residential dwelling units shall be confined to the upper floors of any commercial structures. The rear section of a commercial structure may be used only if it is separated by a wall and has a separate entrance;
f.A separate entrance for residential use is required. There shall be no more than one (1) residential entrance per building;
g.All non-residential off street parking requirements must be met. Required parking may be located along side of the building, in the rear yard accessed by a driveway or alley, or may be located on an adjacent parcel no more than 250 feet from the residential entrance to the building;
h.Only those persons with an interest in the business; the structure; or the real property on which the structure rests may reside on the premises; and
i.The entire structure must be in compliance with any commercial structure codes.
10.Sanitariums, rest and retirement homes, nursing homes, assisted living and personal care facilities.
a.Must attain all required state certifications; and
b.Maximum 20 beds per gross acre of development.
11.Self-service laundry, provided that central water and centralsanitary sewage systems are provided.
12.Extended stay hotels or motels, provided:
a.Each hotel/motel site shall be a minimum of two acres.
b.Each guest room shall have a minimum of three hundred (300) square feet.
c.Guest rooms shall be accessed internally to the building with no direct room access to the outside. The lobby shall be a minimum of 1,000 square feet in size.
d.Each hotel/motel shall provide a fitness or recreational center with a minimum of 400 square feet, which is available to all guests.
e.The development shall include a minimum 1000 square foot meeting facility/conference room dedicated to the exclusive use of business meetings, conferences and seminars. The facility/conference room is not to be subdivided except by movable partitions.
f.No permanent business license shall be issued for conduct of any business from any guest room of the facility.
g.No hotel or motel under this section is to be converted to or used as an apartment or condominium without prior approval of the City Council. Any hotel or motel converted to such use must meet all applicable state and local codes including zoning standards.
h.Each guest room must be protected with a sprinkler system approved by the fire marshal or their designee.
i.A hard-wired smoke detector shall be provided and installed in each guest room.
j.No outside storage or permanent parking of equipment or vehicles shall be allowed.
k.All extended stay hotels shall have a maximum density of 75 guest units per gross acre of development. (Ordinance 2001-12, October 16, 2001)
13.Cemetery, provided:
a.Minimum lot area shall be ten (10) acres;
b.Gravesites shall be set back at least 50 feet from all property lines;
c.No structure other than grave markers shall be located within 35 feet of property zoned for residential use;
d.A 20-foot buffer shall be provided in addition to required setbacks along all property lines which adjoin any property zoned for residential use; and
e.Accessory crematoriums must be setback at least 200 feet from the buffer along all property lines which adjoin any property zoned for residential use.
(Ordinance 2002-02, February 19, 2002)
14.Self-service storage, provided:
a.No storage outside of the facility’s storage units shall be permitted. Storage units shall not be permitted outside of the facility’s enclosed building.
b.Storage units may not be used for the following: the operation of a business, or service enterprise; personal activities such as hobbies, arts & crafts, woodworking, repair, restoration or maintenance of machinery or equipment;
and/or living or sleeping quarters.
c.Wares, goods and/or personal property stored therein shall not include explosives, paint, flammable chemicals or other materials which might be corrosive or hazardous.
d.All facilities shall be enclosed by a fence or wall a minimum of six (6) to a maximum of eight (8) feet in height. The fence shall be constructed of either brick, stone, masonry, wood or similar materials.
e.Entrance doors to storage units shall be from interior hallways that are enclosed within a building.
f.All portions of the facility must include decorative facades. Metal exterior walls shall be prohibited. The exterior façade of all structures shall be reviewed and approved by the Zoning Administrator during the conditional use review process.
g.The maximum height of a facility shall not exceed 75 ft.
h.The following buffers are required along any residential, commercial, or office-institutional properties.
Adjacent District Buffer Width R-1, R-2, R-3, R-4, R-6, RMD-1, RM, MHP, PUD or 40 feet OSC O-I, NC, MXD 30 feet GC, RSC 15 feet M-1, M-2 5 feet
i.All outdoor lights shall be shielded to ensure that light and glare are limited to the premises and are directed away from adjacent properties. Lights shall be low intensity. If a facility abuts a residentially zoned property, outdoor lighting shall be limited to a maximum height of 15 feet.
j.Building for live on premise manager/security must have a minimum size of 350 square feet and must be constructed of brick or natural materials.
k.Landscaping shall be provided continuously along all public street frontages, except for authorized access points. Landscaping shall consist of a variety of hardy evergreen plant material consisting of trees, low, medium and high-profile shrubs, together with a suitable ground cover such as sod, native grasses, rock or combination thereof. Landscaping shall be designed, placed and maintained in such a manner as to not impair vehicle visibility at corner intersections or adjacent to points of ingress or egress. The landscaping shall be reviewed and approved by the Zoning Administrator during the conditional use review process.
l.No exterior loudspeakers or paging equipment shall be permitted on the site.
(Ordinance 2004-08, 4/20/04)
m.Shipping containers or other pods/storage units shall be permitted, but must be interior to the facility. (Ordinance 2022-02, 12/08/22)
15.Fortune telling, provided:
a.No outdoor storage shall be permitted.
b.Generous amounts of landscaping, that adds curb appeal. General is defined as an abundant amount of flowers, shrubs or hedges that are attractive.
c.No similar business exists in the shopping center or within 1,500 feet of the proposed business.
d.Planted, natural buffer required if the business abuts a residential area or parcel Adjacent District Buffer Width R-1, R-2, R-3, R-4, R-6, RMD-1, RM, MHP, PUD or 40 feet OSC O-I, NC, MXD 30 feet GC, RSC 15 feet M-1, M-2 5 feet
e.Fences, walls, or hedges shall not exceed 3 feet in height in a front yard.
f.If a business is located on a corner no objects such as shrubs, hedges, signs, fences or walls, etc. shall be built or placed where it obstructs or may obstruct in the future the view of automobile drivers.
g.No external activity such as loudspeakers, pagers or high beaminglights shall be permitted that would impact surrounding businesses and/or residents.
(Adopted 11/15/05, Ordinance 05-15)
16.Group day care homes, provided:
a.Such use must obtain certification and/or licensing from the appropriate state agency and must comply with all applicable state regulations;
b.The minimum size of the outdoor play area must be equal to 100 square feet times the maximum possible enrollment of the facility;
c.They shall have at least 35 square feet of usable indoor floor space provided for each child, based upon the maximum possible enrollment;
d.The outdoor play area shall be enclosed on all sides to a height of at least four
(4)feet; and (Added 3/21/06, Ordinance 06-05)
e.Driveway design shall permit vehicles to exit the property in a forward direction. (Amended August 20, 2024; Ordinance No. 2024-Z-04)
17.Towers pursuant to the definitions and conditions outlined in Article III and Article VIII of this Ordinance, provided that the applicant has demonstrated a gap in coverage that cannot be remedied by placing such a tower on property zoned to the M-1, M-2 or TCMU districts. (Ordinance No. 2018-___; 9/18/18)
18.Liquor stores, provided that:
a.Liquor stores must operate as sole tenants in free standing buildings of at least five thousand (5,000) square feet in size and no greater thatn twenty thousand (20,000) square feet in size;
b.Properties shall not have any outdoor accessory or vending structures, including ATMs, soda machines, video machines, ice chests, etc.; and
c.Liquor stores shall not be located within three thousand (3,000) feet to another liquor store. (Amended 8/22/23; Ord. No. 2023-03)
19.Smoking lounge and tobacco shop, provided:
a.Maintain a valid permit to operate a smoking lunge or tobacco shop issued by the state Department of Revenue;
b.Maintain a valid permit for the retail sale of tobacco products as required to be issued by the appropriate authority in the City where the establishment is located;
c.Smoking lounges and tobacco shops must have and maintain a ventilation system that exhausts smoke from the business and is designed in accordance with the state building code standards for the occupancy classification in use.
The air handling systems from the smoking area shall be independent from the main air handling system that serves all other areas of the building and all air within the smoking area shall be exhausted directly to the outside by an exhaust fan. No air from the smoking area shall be recirculated to other parts of the building;
d.May not be located within four hundred (400) feet of a residentially zoned property or any property containing a dwelling unit or within six hundred
(600)feet of a private or public school, or child care learning centers; and
e.Smoking lounges and tobacco shops shall not be located within one thousand five hundred (1,500) feet to another smoking lounge or tobacco shop.
The methodology for measuring distances is to measure the distance along the most direct route of travel by using the closest property line from the smoking lounge or tobacco shop to the closest property line of the property which is identified with the distance requirement above. (Amended 8/22/23; Ord. No.
2023-03)
20.Places of Assembly, provided:
a.The following are designated as specific type(s) of place of assembly:
i.Recreational establishment entirely enclosed within a building such as bowling alleys, skating rinks, movie theaters;
ii.Banquet halls and event centers;
iii.Private commercial/vocational schools (including martial arts or dance studios, and technical or vocational training);
iv.Clubs and/or lodges; and
v.Religious institutions, churches, monasteries, mosques, synagogues and temples.
b.In the event any of the uses in subsection (a) above shall be designated to serve more than one hundred (100) persons at any given time, the parcel shall meet the parking requirements set forth within this ordinance and be provided in the rear yard and parkin shall be contained on the lot. (Amended 8/22/23;
Ord. No. 2023-03)
D.Dimensional Regulations. The minimum dimensional requirement within the GC Zoning District shall be as follows:
1.Lot area: 10,500 square feet;
2.Lot width and frontage: 70 feet;
3.Front yard setback, as measured from the right-of-way: 50 feet;
4.Rear yard setback: 20 feet;
5.Side yard setback: 12 ½ feet;
6.Buffer: if the rear or side yard abuts a Residential Zoning District, a minimum buffer of 30 feet adjacent to the lot line shall be provided in addition to the required setback. The setback shall be measured from the buffer;
7.Height: up to 75 feet;
8.Lot Coverage, including structure and parking area: up to 80% of total lot area;
and
9.Screening dimensions for parking and service areas as provided in Sec. 5-17, Sec.
5-18 and ARTICLE X.
§ 6-12
RSC Regional Shopping Center.
A.Description of District. This district is composed of certain lands and structures in the City providing for convenient regional community shopping facilities having a broad variety of sales and services.
B.Permitted Uses. Within the RSC Zoning District, the following Permitted Uses shall be allowed:
1.Accounting, tax preparation, bookkeeping and payroll services;
2.Art dealers;
3.Building material & garden supply dealers;
4.Banks and other financial institutions;
5.Clothing & clothing accessories stores;
6.Consumer goods rental;
7.Electronic & appliance stores;
8.Finance, real estate & insurance offices;
9.Florists;
10.Grocery & specialty food stores;
11.Fine arts schools;
12.Furniture & home furnishing stores;
13.General merchandise stores;
14.Health & personal care stores;
15.Libraries;
16.Office supplies, stationery & gift stores;
17.Offices of physicians, dentists & other health practitioners;
18.Parking lots or garages;
19.Personal care services;
20.Pet & pet supply stores;
21.Photo finishing;
22.Radio & television broadcasting studio;
23.Repair & maintenance of electronic & precision equipment and personal & household goods;
24.Restaurants and food catering service;
25.Sporting good, hobby, book & music stores;
26.Taxi & limousine services; and
27.Technical & trade schools.
C.Conditional Uses. Upon application to and approval by the Zoning Administrator, said approval being based solely on the compliance of all conditions required herein, the following Conditional Uses shall be allowed:
1.Animal hospitals and veterinary clinics.
a.All structures shall be located and activities conducted at least 100 feet from any property zoned for residential use; and
b.All animals shall be housed within an enclosed building and adequate sound and odor control shall be maintained.
2.Automotive repair & maintenance except car washes, provided:
a.All activities shall take place within an enclosed building; and
b.All outdoor storage must be to the rear of the principal structure and enclosed by a fence no less than six (6) feet in height.
3.Car washes, provided:
a.Central sanitary sewer is required; and
b.A grease, oil and sand interceptor shall be installed.
4.Dry cleaning plant, provided:
a.Dry cleaning plants using clean systems which make use of solvents rated at above 40 by the Underwriter’s Laboratories, Inc. Standard of Classification, known as Class I Systems shall be prohibited;
b.Dry cleaning plants which use cleaning systems which make use of solvents rated at more than five (5) but less than 40 according to the Underwriter’s Laboratories, Inc. Standard of Classification, known as Class II and Class III Systems, shall not be established in a building with other occupancy;
c.The dry cleaning plant shall be designed to operate in a manner that will not emit smoke or odor objectionable waste materials, and which will not produce noise that will carry beyond the walls of the building occupied by such plant;
d.Fuel for operation of equipment shall be smokeless fuel;
e.The applicant for the dry cleaning plant shall certify in writing at the time of application that all the above conditions will be met; and
f.Central water and central sanitary sewage systems are required.
5.Radio and television towers, provided all buildings, masts and other facilities are located at least 200 feet from the adjacent property lines of residential lots.
6.Self-service laundry, provided that central water and central sanitary sewage systems are provided.
D.Dimensional Requirements. The minimum dimensional requirements within the RSC Zoning District shall be as follows:
1.Lot area: 10,500 square feet, provided; that any development in the RSC Zoning District must contain a minimum area of 30 contiguous acres;
2.Lot width and frontage: 70 feet;
3.Front yard setback, as measured from the right-of-way: 50 feet;
4.Rear yard setback: 20 feet;
5.Side yard setback: 20 feet;
6.Buffer: if the rear or side yard abuts a Residential or Agricultural Zoning District, a minimum buffer of 30 feet adjacent to the lot line shall be provided in addition to the required setback and the setback shall be measured from the buffer;
7.Height: up to 75 feet;
8.Lot Coverage, including structure and parking area: up to 80% of total lot area;
and
9.Screening dimensions for parking and service areas; as provided in Sec. 5-17, Sec.
5-18 and ARTICLE X.
E.Special Use Requirement within RSC Zoning District. Travel trailers may be parked for special events beginning the day after Thanksgiving until the day after Christmas of the same year with no such time requirements.
§ 6-13
M-1 Light Industrial.
A.Description of District. This district is composed of certain lands and structures in the City which are suitable for industrial development but where proximity to existing or proposed residential or commercial districts make it desirable to limit the manner and extent of industrial operations and thereby protect the nearby residential or commercial land.
B.Permitted Uses. Within the M-1 Zoning District, the followed Permitted Uses shall be allowed:
1.Ambulance services;
2.Automobile service stations;
3.Automotive equipment rental & leasing;
4.Automobile repair & maintenance except car washes;
5.Automobile parts, accessories & tire stores;
6.Automobile service station;
7.Automobile & other motor vehicle dealers;
8.Building, developing & general contracting;
9.Building material & garden supply dealers;
10.Data Centers; (Amended 8/22/23; Ord. No. 2023-05)
11.Electronic shopping & mail order houses;
12.General rental centers;
13.Fuel dealers;
14.Furniture & home furnishings stores;
15.Mini-warehouse rental or leasing with live-on premises managers;
16.Linen & uniform supply;
17.Light manufacturing:
a.Apparel knitting mills;
b.Beverage manufacturing;
c.Computer & electronic product manufacturing;
d.Cosmetic manufacturing;
e.Electrical equipment, appliance & component manufacturing;
f.Fabricated metal product manufacturing;
g.Food manufacturing, except animal slaughtering & processing, seafood product preparation & packaging, sauerkraut manufacturing, vinegar manufacturing and yeast manufacturing;
h.Furniture & related product manufacturing;
i.Industrial launderers;
j.Leather & allied product manufacturing, except leather & hide tanning & finishing;
k.Metalworking machinery manufacturing;
l.Millwork;
m.Other miscellaneous manufacturing including:
i.Broom, brush & mop manufacturing;
ii.Burial casket manufacturing;
iii.Doll, toy & game manufacturing;
iv.Fastener, button, needle & pin manufacturing;
v.Gasket, packing & sealing device manufacturing;
vi.Jewelry & silverware manufacturing;
vii.Medical equipment & supplies manufacturing;
viii.Musical instrument manufacturing;
ix.Office supplies (except paper) manufacturing;
x.Sign manufacturing;
xi.Sporting & athletic goods manufacturing; and
xii.Office supplies (except paper) manufacturing.
n.Nonmetallic mineral product manufacturing;
o.Pharmaceutical & medicine manufacturing;
p.Plastics & rubber products manufacturing;
q.Textile mills; and
r.Textile product mills.
18.Locksmith;
19.Management of companies & enterprises;
20.Materials recovery facilities;
21.Medical & diagnostic laboratories;
22.Motor vehicle towing;
23.Pest control;
24.Printing & related support activities;
25.Publishing;
26.Public buildings and utilities;
27.Radio & television broadcasting studios;
28.Radio and television towers, provided all buildings, masts and other facilities are located at least 200 feet from the adjacent lot lines of residential and agricultural lots;
29.Railroad or bus passenger station;
30.Railroad freight station;
31.Repair & maintenance of electronic & precision equipment and personal & household goods;
32.Special trade contractors, including the following; plumbing, heating and air conditioning contractor, electrical contractors, masonry/ drywall/ insulation/ tile contractors, carpentry and floor contractors, roofing, siding and sheet metal contractors, concrete contractors, water well drilling contractors, excavation contractors and wrecking & demolition contractors;
33.Taxidermist;
34.Truck transportation;
35.Vending machine operators;
36.Warehousing & storage;
37.Wholesale trade;
38.Ready mix and concrete operations (Adopted 5/15/07, Ordinance 07-14);
39.Couriers & messengers (Adopted 8/21/07, Ordinance 07-18);
40.Used merchandise stores (Adopted 8/21/07, Ordinance 07-18); and
41.Wholesale offices (Adopted 8/21/07, Ordinance 07-18).
C.Conditional Uses. Upon application to and approval by the Zoning Administrator, said approval being based solely on the compliance of all conditions required herein, the following Conditional Uses shall be allowed:
1.Animal hospital, commercial kennel, veterinary clinic or animal boarding place, provided that they are located at least three hundred (300) feet from the nearest residential district.
2.Car washes, provided:
a.Central sanitary sewer is required; and
b.A grease, oil and sand interceptor shall be installed.
3.Dry cleaning & laundry services (except coin-operated), provided:
a.Dry cleaning plants using clean systems which make use of solvents rated at above 40 by the Underwriter’s Laboratories, Inc. Standard of Classification, known as Class I Systems shall be prohibited;
b.Dry cleaning plants which use cleaning systems which make use of solvents rated at more than five (5) but less than 40 according to the Underwriter’s Laboratories, Inc. Standard of Classification, known as Class II and Class III Systems, shall not be established in a building with other occupancy;
c.The dry cleaning plant shall be designed to operate in a manner that will not emit smoke or odor objectionable waste materials, and which will not produce noise that will carry beyond the walls of the building occupied by such plant;
d.Fuel for operation of equipment shall be smokeless fuel;
e.The applicant for the dry cleaning plant shall certify in writing at the time of application that all the above conditions will be met;
f.Central water and central sanitary sewage systems are required; and
g.There shall be no on-site storage of dry cleaning solvents in separate container apart from the dry cleaning apparatus.
4.Radio and television towers, provided all buildings, masts and other facilities are located at least 200 feet from the adjacent lot lines of residential and agricultural lots.
5.Sawmills & wood preservation; veneer, plywood & engineeredwood product manufacturing, provided that the storage area is enclosed by at least a six (6) foot fence.
6.Sexually oriented business, provided:
a.It is not located within 1,000 feet of:
i.A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;
ii.A public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities; school includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;
iii.A boundary of a residential district as defined in the Zoning Ordinance;
iv.A public park or recreational area which has been designated for park or recreational activities included but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land within the City which is under the control, operation or management of the City parks and recreation authorities;
v.The property line of a lot devoted to a residential use as defined in the Zoning Ordinance;
vi.An entertainment business which is oriented primarily toward children or family; and
vii.A licensed premises, licensed pursuant to the alcoholic beverage regulations of the state.
b.It is not located within 1,500 feet of another sexually oriented business; and
c.It is not located within the same building, structure or portion thereof containing another sexually oriented business.
7.Towers & antennas pursuant to the definitions and conditions outlined in ARTICLE III and ARTICLE VIII of this Ordinance.
8.Live on-premise manager/security at lumberyards, provided:
a.Minimum square footage of building is 350 square feet; and
b.The building must be constructed of brick or natural materials.
9.Fortune telling, provided:
a.No outdoor storage shall be permitted.
b.Generous amounts of landscaping, that adds curb appeal. General is defined as an abundant amount of flowers, shrubs or hedges that are attractive.
c.No similar business exists in the shopping center or within 1,500 feet of the proposed business.
d.Planted, natural buffer required if the business abuts a residential area or parcel:
Adjacent District Buffer Width R-1, R-2, R-3, R-4, R-6, RMD-1, RM, MHP, PUD 40 feet or OSC O-I, NC, MXD 30 feet GC, RSC 15 feet M-1, M-2 5 feet
e.Fences, walls, or hedges shall not exceed 3 feet in height in a front yard.
f.If a business is located on a corner no objects such as shrubs, hedges, signs, fences or walls, etc. shall be built or placed where it obstructsor may obstruct in the future the view of automobile drivers.
g.No external activity such as loudspeakers, pagers or high beaminglights shall be permitted that would impact surrounding businesses and/or residents.
(Adopted 11/15/05; Ordinance 05-15)
10.Inert waste landfill operations, provided:
a.The maximum square footage is 25 acres;
b.The maximum height for the facility cannot extend more than 10 feet above the highest grade of any point of adjacent property or street right-of-way;
c.All requirements of the Soil Erosion and Sediment Control Ordinance are satisfied and a land disturbance permit obtained; and
d.Any required state permits are obtained. (Adopted 12/2006; Ordinance 06-81)
D.Dimensional Requirements.
1.Lot area: 30,000 square feet;
2.Lot width and frontage: 150 feet for initial zoning request;
3.Front yard setback, as measured from the right-of-way: 50 feet;
4.Rear yard setback: 20 feet;
5.Side yard setback: 20 feet;
6.Buffer: If the rear yard or side yard abuts a Residential or Agricultural Zoning District, a minimum buffer of 75 feet shall be provided adjacent to the lot line in addition to the required setback. The setback shall be measured from the buffer;
7.Height: up to 75 feet;
8.Lot coverage, including structure and parking area: up to 80% of total lot area;
and
9.For screening dimensions for storage areas, loading docks and parking: see Sec. 5-17, Sec. 5-18 and ARTICLE X.
§ 6-14
M-2 Manufacturing and Heavy Industrial.
A.Description of District. This district is composed of certain lands and structures in the City providing suitable areas for major manufacturing, processing, research and warehousing which require open storage and large amounts of land. These districts should have access to major streets and utilities and discourage uses that are incompatible.
B.Permitted Uses. Within the M-2 Zoning District, the following Permitted Uses shall be allowed:
1.Ambulance service;
2.Automobile & other motor vehicle dealers;
3.Automobile parts, accessories & tire stores;
4.Automobile service stations;
5.Automobile repair & maintenance except car washes;
6.Automotive equipment rental & leasing;
7.Building material & garden supply dealers;
8.Building, developing & general contracting;
9.Data Centers; (Amended 8/22/23; Ord. No. 2023-06)
10.Electronic shopping & mail order houses;
11.Fuel dealers;
12.Furniture & home furnishings stores;
13.General rental centers;
14.Gunsmith;
15.Heavy construction;
16.Light manufacturing:
a.Apparel knitting mills;
b.Beverage manufacturing;
c.Computer & electronic product manufacturing;
d.Cosmetic manufacturing;
e.Electrical equipment, appliance & component manufacturing;
f.Fabricated metal product manufacturing;
g.Food manufacturing, except animal slaughtering & processing, seafood product preparation & packaging, sauerkraut manufacturing, vinegar manufacturing and yeast manufacturing;
h.Furniture & related product manufacturing;
i.Industrial launderers;
j.Leather & allied product manufacturing, except leather & hide tanning & finishing;
k.Metalworking machinery manufacturing;
l.Millwork;
m.Other miscellaneous manufacturing including:
i.Broom, brush & mop manufacturing;
ii.Burial casket manufacturing;
iii.Doll, toy & game manufacturing;
iv.Fastener, button, needle & pin manufacturing;
v.Gasket, packing & sealing device manufacturing;
vi.Jewelry & silverware manufacturing;
vii.Medical equipment & supplies manufacturing;
viii.Musical instrument manufacturing;
ix.Office supplies (except paper) manufacturing;
x.Sign manufacturing;
xi.Sporting & athletic goodsmanufacturing;
xii.Office supplies (except paper) manufacturing;
xiii.Nonmetallic mineral product manufacturing;
xiv.Pharmaceutical & medicine manufacturing;
xv.Plastics & rubber products manufacturing;
xvi.Textile mills; and
xvii.Textile product mills.
n.Linen & uniform supply;
o.Locksmith services;
p.Management of companies & enterprises;
q.Materials recovery facilities;
r.Medical & diagnostic laboratories;
s.Mini warehouses with live-on premises managers;
t.Motor vehicle towing;
u.Pest control;
v.Printing & related support activities;
w.Public buildings and utilities;
x.Publishing;
y.Radio & television broadcasting studios;
z.Rail transportation & rail transportation support activities;
aa. Repair & maintenance of electronic & precision equipment and personal & household goods;
bb. Special trade contractors, including the following; plumbing, heating and air conditioning contractors, electrical contractors, masonry/drywall/insulation/tile contractors, carpentry and floor contractors, roofing, siding and sheet metal contractors, concrete contractors, water well drilling contractors, excavation contractors and wrecking & demolition contractors;
cc.Taxidermist;
dd.Truck transportation;
ee. Vending machine operators;
ff. Warehousing & storage; and gg. Wholesale trade.
C.Conditional Uses. Upon application to and approval by the Zoning Administrator, said approval being based solely on the compliance of all conditions required herein, the following Conditional Uses shall be allowed:
1.Animal slaughtering & processing provided it shall be setback not less than 500 feet from any M-2 Zoning District boundary.
2.Chemical manufacturing, except pharmaceutical & medicine manufacturing and toilet preparation manufacturing provided it shall be setback not less than 500 feet from any M-2 Zoning District boundary.
3.Dry cleaning & laundry services (except Coin-Operated), provided:
a.Dry cleaning plants using clean systems which make use of solvents rated at above 40 by the Underwriter’s Laboratories, Inc. Standard of Classification, known as Class I Systems shall be prohibited;
b.Dry cleaning plants which use cleaning systems which make use of solvents rated at more than five (5) but less than 40 according to the Underwriter’s Laboratories, Inc. Standard of Classification, known as Class II and Class III Systems, shall not be established in a building with other occupancy;
c.The dry cleaning plant shall be designed to operate in a manner that will not emit smoke or odor objectionable waste materials, and which will not produce noise that will carry beyond the walls of the building occupied by such plant;
d.Fuel for operation of equipment shall be smokeless fuel;
e.The applicant for the dry cleaning plant shall certify in writing at the time of application that all the above conditions will be met;
f.Central water and central sanitary sewage systems are required; and
g.There shall be no on-site storage of dry cleaning solvents in separate container apart from the dry cleaning apparatus.
4.Junk or salvage yard as defined in this Ordinance, provided that:
a.Said use shall not be located within 800 feet of an arterial thoroughfare; and
b.Otherwise, if within 500 feet of a public right-of-way, an eight (8) foot high solid fence or wall shall be erected to screen the storage yard from view from the street.
5.Machinery manufacturing provided it shall be set back not less than 500 feet from any M-2 Zoning District boundary.
6.Paper manufacturing provided it shall be set back not less than 500 feet from any M-2 Zoning District boundary.
7.Petroleum & coal products manufacturing provided it shall be set back not less than 500 feet from any M-2 Zoning District boundary.
8.Primary metal manufacturing provided it shall be set back not less than 500 feet from any M-2 Zoning District boundary.
9.Sawmills & wood preservation; veneer, plywood & engineeredwood product manufacturing, provided that the storage area is enclosed by at least a six (6) foot fence.
10.Sexually Oriented Businesses, provided:
a.It is not located within 1,000 feet of:
b.A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;
c.A public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities; school includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;
d.A boundary of a residential district as defined in the Zoning Ordinance;
e.A public park or recreational area which has been designated for park or recreational activities included but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land within the City which is under the control, operation or management of the City parks and recreation authorities;
f.The property line of a lot devoted to a residential use as defined in the Zoning Ordinance;
g.An entertainment business which is oriented primarily toward children or family; and
h.A licensed premises, licensed pursuant to the alcoholic beverage regulations of the state.
i.It is not located within 1,500 feet of another sexually oriented business; and
j.It is not located within the same building, structure or portion thereof containing another sexually oriented business.
11.Transfer station defined as a facility where solid waste is delivered for the purpose of compacting the material into larger vehicles for transport to a final disposal site or processing facility. A transfer station may include the separation and collection of material for the purpose of recycling. A transfer station shall be subject to the following:
a.Lot area: One acre for every 1,000 square feet of building space (building not to exceed 18,000 square feet) with a five (5) acre minimum. The lot is to be surrounded by an eight (8) foot high fence.
b.Minimum Setbacks:
i.Minimum buffer requirement of 75 feet;
ii.A minimum setback requirement from arterial streets of 300 feet, with setbacks to the rear and sides a minimum of 200 feet; and
iii.A minimum straight-line distance requirement of 2,500 feet fromthe on-site compactor to the nearest residential district.
c.The entire transfer process, which includes unloading, compaction and loading onto the transfer trucks, shall occur in a building of at least three (3) sides with a concrete staging platform. The maximum height allowed for this building is 75 feet. Ventilation of the building shall be under the guidelines of the latest American Society of Heating, Refrigerating an Air Conditioning Engineers, Inc. (ASHRAE) Standard.
d.Driveways and parking lots shall be fully paved with asphalt or concrete strong enough to handle heavy loads.
e.All trucks entering or leaving the transfer station shall be completely covered.
Any truck driver blowing debris on City or private property shall be fined per City Ordinance.
f.Transfer stations shall be of “Direct-load” only whereascollection vehicles empty their waste directly into the vehicles which were transported to the disposal sites or into facilities which compact the waste into transfer trucks.
g.Solid waste shall not remain on the site for more than 12 hours.
h.At the end of each workday, all solid waste on the site shall be compacted in a transfer container.
i.Oversized items and items that cannot be compacted because of their construction shall be stored in the building. These items shall not remain on site for more than five (5) days.
j.The operator shall have contingency plans for when the transfer station is shut-down for scheduled maintenance or emergencies.
k.Water and/or leachate runoff from solid waste and water used to wash transfer station equipment and the facility-staging platform shall be collected for pre-treatment and disposal to the sanitary systems. Appropriate permits shall be obtained and certified before construction.
l.A transfer station shall be under the direction at all times of a responsible individual who is qualified to operate a transfer station.
m.Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against unauthorized dumping, every transfer station shall be protected by locked barricades, fences, etc.
n.Unloading solid waste shall be continuously supervised by a facility operator.
o.All hazardous waste this in on the list maintained by the Environmental Protection Division shall not be disposed of in an incinerator.
p.The facility must comply with all state laws regulating transfer stations and with Environmental Protection Division licensing requirements.
q.The facility shall operate in such a fashion so as to produce no discernible odor to surrounding property owners and other citizens with the area.
12.Transportation equipment manufacturing provided it shall be set back not less than 500 feet from any M-2 Zoning District boundary.
13.Recycling and Rental Services are defined as establishments that are (1) primarily for recycling and sorting materials into distinct categories, such as paper products, wood, concrete, plastics and metals, and/or (2) for renting or servicing of roll off and storage containers, portable toilets, fresh water tanks, waste water holding tanks and hand wash stations, provided:
a.Lot area: minimum of five (5) acres. The lot is to be surrounded by a eight (8)
foot high fence;
b.It is not located within 1,000 feet of a property line of a lot devoted to a residential use as defined in the Union City Zoning Ordinance;
c.Materials for recycling processing may only include concrete and wood items.
All concrete crushing shall take place within a permanent fully enclosed structure. Wood recycling shall take place in the rear and/or outdoor area of the property. All other operations, such as loading or unloading, shall take place in the rear of the building.
d.Hours of operation. Concrete crushing and wood recycling operations shall only take place between the hours of 6:00 AM to 6:00 PM Monday through Friday. All other operations, such as loading or unloading, shall only take place between the hours of 6:00 AM to 6:00 PM Monday through Friday and 8:00 AM to 5:00 PM on Saturday.
e.All trucks entering and leaving the facility shall be completely covered. Any truck driver blowing debris on City or private property shall be fined per City Ordinance. (Ord. 09-19; 10/20/09)
14.Towers & antennas pursuant to the definitions and conditions outlined in ARTICLE III and ARTICLE VIII of this Ordinance.
D.Dimensional Requirements. The minimum dimensional requirements within the M-2 Zoning District shall be as follows:
a.Lot area: 30,000 square feet;
b.Lot width and frontage: 150 feet;
c.Front yard setback, as measured from the right-of-way: 50 feet;
d.Rear yard setback: 20 feet;
e.Side yard setback: 20 feet;
f.Buffer: If the rear or side yard abuts a Residential or Agricultural Zoning District, a minimum buffer of 75 feet shall be provided adjacent to the lot line in addition to the required setback. The setback shall be measured from the buffer;
g.Height: up to 75 feet;
h.Lot coverage, including structure and parking area: up to 80% of the total lot area;
and
i.For screening dimensions for storage areas, loading docks and parking, see Sec. 5-17, Sec. 5-18 and ARTICLE X.
[Section 6-15 was revised in its entirety on October 14, 2020]
§ 6-15
TCMU Town Center Mixed Use
A.Description of District. This district is composed of certain lands and structures intended to allow flexible site planning and building arrangements for uses under a unified plan which fosters natural resource conservation and reduces traffic congestion. Emphasis is on connectivity and uses that generate a high level of activity. The district is intended to provide a pedestrian-friendly mixture of residential and non-residential uses and provide quality developments which enhance the surrounding area using quality urban design regulations. Residential development should emphasize connectivity by accommodating a mix of housing types and sizes, including small-lot single-family, townhomes, and live/work units. Higher intensity residential uses should be located at key intersections and along higher traffic streets to create a transition to less intense residential uses. Access to nearby corridors and centers should be supported with pedestrian and bicycle infrastructure.
Where a development includes more than one distinct use, additional consideration will be given to allow increases in density for each of the uses, where practicable.
Uses should support a variety of housing options, retail and commercial services and employment opportunities.
B.Permitted Uses. The following Permitted Uses shall be allowed:
1.Residential Uses:
a.Accessory uses and structures;
b.Single-family attached and detached dwellings;
c.Multi-family dwellings; and
d.Townhouse dwellings.
2.Institutional Uses:
a.Business schools and computer and management training;
b.Civic and social organizations; business, professional, political and similar organizations;
c.Museums, galleries, historical sites, and similar institutions, auditoriums, libraries and similar cultural facilities;
d.Parks;
e.Parking lots and garages;
f.Places of worship;
g.Recreational facilities; and
h.Schools and their customary related uses.
3.Commercial, Retail, and Service Retail Uses:
a.Amusement facilities, indoor or outdoor;
b.Art galleries, and arts and crafts studios;
c.Building material and garden equipment and supplies dealers;
d.Caterers;
e.Commercial banking;
f.Clothing and clothing accessories stores;
g.Gasoline stations;
h.Grocery stores;
i.General merchandise stores;
j.Electronics and appliance stores;
k.Finance and insurance offices;
l.Furniture and home furnishing stores;
m.Health and personal care services;
n.Hospitals, medical centers, and urgent care facilities;
o.Hotels;
p.Miscellaneous store retailers and non-store retailers;
q.Motion picture theaters and studios;
r.Offices;
s.Personal care services;
t.Physicians’ offices;
u.Professional, scientific and technical services;
v.Restaurants;
w.Retail and other similar uses typically located in shopping centers;
x.Sporting goods, hobby, book, and music stores; and
y.Sports arenas, stadiums and amphitheaters.
C.Conditional Uses. Upon application to and approval by the Zoning Administrator, acting in an administrative role and not a quasi-judicial role, said approval being based solely on compliance with all the conditions required herein, the following conditional uses shall be allowed:
1.Commercial, Retail, and Services Uses:
a.Animal hospitals and veterinary clinics, provided:
i.All structures shall be located and activities conducted at least one hundred (100) linear feet from the nearest property zoned and used for residential purposes; and
ii.All animals shall be housed within an enclosed building and adequate sound and odor control shall be maintained.
b.Carnival, rodeo, horse show, athletic event or community fair provided the event is temporary in nature.
c.Dry cleaning and laundry services, provided:
i.Dry cleaning plants using clean systems which make use of solvents rated at above 40 by the Underwriter’s Laboratories, Inc. Standard of Classification, known as Class I Systems shall be prohibited;
ii.Dry cleaning plants which use cleaning systems which make use of solvents rated at more than five (5) but less than 40 according to the Underwriter’s Laboratories, Inc. Standard of Classification, known as Class II and Class III Systems, shall not be established in a building with other occupancy;
iii.The dry cleaning plant shall be designed to operate in a manner that will not emit smoke or odor objectionable waste materials, and which will not produce noise that will carry beyond the walls of the building occupied by such plant;
iv.Fuel for operation of equipment shall be smokeless fuel;
v.Central water and central sanitary sewage systems are required; and
vi.There shall be no on-site storage of dry cleaning solvents in separate container(s) apart from the dry cleaning apparatus. (Amended 9/19/06, Ord. 2006-47)
d.Extended stay hotels or extended stay motels, provided:
i.Each hotel/motel site shall be a minimum of two acres;
ii.Each guest room shall have a minimum of three hundred (300) square feet;
iii.Guest rooms shall be accessed internally to the building with no direct room access to the outside. The lobby shall be a minimum of one thousand (1,000) square feet in size;
iv.Each hotel/motel shall provide a fitness or recreational center with a minimum of four hundred (400) square feet, which is available to all guests;
v.The development shall include a minimum one thousand (1,000) square foot meeting facility/conference room dedicated to the exclusive use of business meetings, conferences and seminars. The facility/conference room is not to be subdivided except by movable partitions;
vi.No occupation tax certificate shall be issued for conduct of any business from any guest room of the facility;
vii.No hotel/motel under this section is to be converted to or used as an apartment or condominium without prior approval of the City Council.
Any hotel/motel converted to such use must meet all applicable state and local codes including zoning standards;
viii.Each guest room must be protected with a sprinkler system approved by the fire marshal or their designee;
ix.A hard-wired smoke detector shall be provided and installed in each guest room;
x.No outside storage or permanent parking of equipment or vehicles shall be allowed; and
xi.All extended stay hotels and extended stay motels shall have a maximum density of seventy-five (75) guest units per gross acre of development.
2.Institutional Uses:
a.Child care learning centers, provided:
i.Such use must obtain certification and/or licensing from the appropriate state agency and must comply with all applicable state regulations;
ii.The minimum size of the outdoor play area must be equal to 100 square feet times one-third (1/3) of the center’s licensed capacity for children and said outdoor play area must be located within a side or rear yard;
iii.They shall have at least 35 square feet of usable indoor floor space provided for each child;
iv.The outdoor play area shall be enclosed on all sides to a height of at least four (4) feet with a decorative wrought iron or aluminum fence; and
(Amended 9/19/06, Ord. 2006-47)
v.The exterior appearance of any structure that is residential in nature and which is used as a child care learning center shall be maintained in such a way that it conforms to the residential character of the surrounding neighborhood. (Amended August 20, 2024; Ordinance No. 2024-Z-04)
3.Towers and antennas pursuant to the definitions and conditions outlined in ARTICLE III and ARTICLE VIII of this ordinance. (Ordinance 10-13, 7/20/10)
4.Industrial Uses.
a.Purpose. Upon detailed analysis and study of: 1) all existing TCMU properties; 2) the intent of the Comprehensive Plan for a mix of uses along the South Fulton Parkway Corridor including residential; 3) the development pattern of primarily industrial uses despite the intent of the Comprehensive Plan; and 4) the impacts resulting from industrial use development on local infrastructure associated with certain freight-truck related industrial development adjacent to residential neighborhoods, including damage to local roads, and periodic violation of truck route restrictions, the City finds additional controls are needed to improve compatibility of this mix of uses, as anticipated by the 2016 Comprehensive Plan. Therefore, prior to the issuance of a land disturbance permit, new industrial uses within the TCMU district are allowed provided that the conditions enumerated in Subparagraph (c) of Paragraph (4) of Subsection (C) of this section, as set out below, are met.
b.The conditions set enumberated in Subparagraph (c) of Paragraph (4) of Subsection (C) of this section, as set out below, shall not apply to any property that was rezoned with conditions in settlement of a lawsuit. The terms and conditions of the settlement shall govern the development of such property.
Additionally, the conditions shall not apply to all lots with uses and structures in existence as of October 14, 2020, and all lots which have determined to be vested under the TCMU provisions in effect on or before October 14, 2020.
New uses and structures developed on these exempt lots shall be treated as conforming uses and structures within the TCMU zoning district.
c.Industrial use conditions. Industrial uses listed below shall henceforth be allowed only under the following conditions:
i.Policy Condition. The Comprehensive Plan’s Future Development Map shows that the subject parcel is located within a District-Mixed-Use Office/ Corporate Campus or Industrial Character Area. Subject properties zoned TCMU prior to October 14, 2020, and located within areas designated as Natural Open Space able to meet the remaining conditions may also be used for industrial uses, provided development meets all the dimensional zoning requirements, conditions enumerated below and applicable environmental codes.
ii.Roadway Conditions. Subject property has direct access to a road designated as State and/or City truck (freight) route (hereafter “Truck Route”). Exceptions shall be approved on construction plans by the City Engineer if one of the following conditions exists:
a)Applicant secures agreement(s) with adjacent property(ies) that have direct access to a Truck Route and provides either new public roadway or private inter-parcel connection to a Truck Route. Applicant shall provide documentation of agreement(s) and recorded easements, as applicable. Such roadways must meet construction standards for industrially-used roads per City road specifications or State GDOT.
b)Absent direct or inter-parcel access to a Truck Route, applicant may access an industrial use via an existing local road only as provided below:
1)Maximum ¼ mile to Truck Route. Curb cuts on a local road shall be no further than ¼-mile distance from the intersection of a Truck Route, as measured from the closest property line; and
2)Road Conditions, Required Improvements and Restrictions. The ¼-mile (or less) segment of the local road leading to a Truck Route intersection shall meet the Union City specifications for Industrial Street Standards (lane widths, materials, etc.); deceleration or acceleration lanes shall be provided; and the design of curb cuts providing freight truck access shall restrict egress and ingress to and from the remaining portion of the local road (i.e., allows vehicle movement only toward and from the Truck Route).
3)Construction and Maintenance. The cost of any improvements required to upgrade the segment of local road to Industrial Street Standards will be determined by the City through third party bids.
The developer shall pay the cost to upgrade the road to Industrial Street Standards. Any future maintenance of the upgraded street will be the responsibility of the City.
iii.Impact Condition. For developments which qualify as a Development of Regional Impact (DRI), developers shall provide a written response addressing the development’s economic benefits including such topics as:
workforce training, local preference for workforce hiring, local preference for small business support services, employee commuter programming, and/or partnerships to address workforce housing needs within the Aerotropolis Alliance subregion of Fulton County.
d.Industrial Uses Allowed.
i.Upon determination that conditions described above are met, the following conditional uses shall be allowed:
a)Apparel manufacturing;
b)Assembly plants;
c)Bakeries and food manufacturing;
d)Computer and electronic parts manufacturing;
e)Data centers and computer facilities management services;
f)Electrical equipment, appliance, and component manufacturing;
g)Furniture and related product assembly and manufacturing;
h)Greenhouse, nursery, and floriculture production;
i)Machinery manufacturing;
j)Medical equipment and supplies, optical instrument, and lens manufacturing;
k)Pharmaceutical and medicine manufacturing;
l)Printing and related support activities;
m)Technology/Business Park;
n)Transportation equipment manufacturing;
o)Warehousing, distribution and storage, logistics facilities; and
p)Wholesale trade of durable goods.
ii.Prohibitions:
a)Use of heavy drop hammers, punch presses or other machinery or processing methods creating excessive noise or vibration is prohibited in this district; and
b)Stand-alone truck parking facilities are explicitly prohibited.
(Amended December 17, 2024; Ordinance No. 2024-Z-__)
D.Transitional Heights and Buffers.
1.Residential, Institutional, and Commercial/Retail/Service Uses.
a.Transitional height restrictions: Where this district adjoins a single-family zoning district, other than this district, height within this district shall be limited to thirty-five (35) feet within a linear distance of one hundred fifty
(150)feet of this district as measured from the district boundary.
b.Transitional Buffers:
i.Where this district adjoins a single-family zoning district, a minimum buffer of at least twenty (20) feet is required which shall not be used for the purpose of parking, paving, loading, servicing or any other activity with the exception of private alleys or drives up to ten (10) feet in width.
Such buffers shall be undisturbed except to augment with plantings and/or berms and maintained as a landscaped strip.
ii.Screening: In addition to the above transitional yard requirements, permanent opaque walls six (6) feet in height shall be provided and shall be maintained.
c.Zero-lot-line development. Zero-lot-line subdivision is permitted.
Separation between structures in single-family dwelling lots shall be governed by the International Residential Code (Section R302.1 Exterior Walls).
2.Industrial Uses.
a.Transitional height restrictions. Where an industrial use adjoins property that is used for single-family residential purposes (other than TCMU), the height of such industrial use shall be limited to forty (40) vertical feet for a horizontal distance of one hundred fifty (150) feet as measured from the common property line.
b.Landscape Strip, Required Buffers.
i.Landscape strip. Where an industrial use adjoins a public road, a planted landscape strip shall be provided adjacent to the dedicated/reserved right-of-way as follows:
a)50 feet along any primary arterial road; and
b)20 feet along any collector or local road.
ii.Industrial buffer. All industrial uses shall provide a wooded buffer to the rear as added environmental protection for erosion control, habitat, and air quality (the “Wooded Buffer”). Additionally, where an industrial use adjoins property that is used for residential purposes a buffer shall be required according to the table below. The Wooded Buffer shall be contained within this additional buffer. All buffers shall be provided based upon the scale of the development, as indicated in the table below:
Buffer Width (feet) Development Size (Sq. ft. all structures)
75 Up to 100,000 100 100,000+ - 500,000 150 500,000+ Buffers shall be provided and maintained along the property line, of which the first 50 feet shall remain in an undisturbed, natural state, except for approved access and utility improvements and topography as provided below. No trees, other than dead or diseased trees, shall be removed from such buffer, but additional trees and plant material shall be added in areas where existing vegetation does not meet the standards established below.
The remaining buffer may be disturbed and graded, provided replanting is provided to meet the buffer planting standards below. In addition to the standards set forth in Section 5-29 Buffer Areas and Article 9 regarding tree planting standards, buffers shall be established as follows:
a)Materials and Specifications. Plantings and supplemental plantings shall consist of a combination of evergreen and deciduous trees and shrubs adaptable to the region as follows:
1)Deciduous trees shall be a minimum of 2 inches in caliper and evergreen trees shall be a minimum of 6 feet in height at time of planting, and shall be a species which will achieve a height of at least 20 feet at maturity;
2)The tree types shall be from the Tree Species Lists in Article IX Tree Ordinance;
3)All shrubs shall be a large-growing species, shall be a minimum of 3 feet in height at time of planting and shall be a species which will achieve a height of at least 8 feet at maturity;
4)No one species may comprise more than one-third (1/3) of the total buffer. Two-thirds (2/3) of the species must be overstory species and shall be evenly distributed throughout the buffer;
5)The buffer must be in place prior to approval of Certificate of Occupancy for non-residential projects, unless escrowed as provided by Section 9-4; and
6)Trees or shrubs that die within the first three years shall be replaced by the developer or property owner.
b)Berms or Undulating Mounds. Per Section 5-29, slope easements may be permitted to address soil erosion. Further, topographic constraints may make a constructed berm or undulating mound appropriate to fulfill the buffer requirements and may be approved by the City Engineer with shrubs instead of tree plantings as follows:
1)One (1) shrub for every ten (10) feet of continuous boundary shall be planted on the mound; and
2)All required shrubs shall measure eighteen (18) inches in height measured from grade at the time of planting.
c)Minimum Rows. The number of rows required within planted buffers is based on the buffer width:
Buffer Width (feet) Min. Rows 75 5 rows 100 6 rows 150 7 rows
F.Development Controls.
1.Residential, Institutional, and Commercial/Retail/ Service Uses.
a.Density. For the purposes of this section, “net lot area” shall equal the total gross acres multiplied by 43,560 square feet (a gross acre equals 43,560 square feet) less the total combined square footage of street rights-of-way, both public and private, all land located in the 100 year flood plain, all water impoundments, and all lands proposed to be dedicated to a governing authority. The following density requirements shall apply:
i.Non-residential density. For institutional and commercial uses, density shall not exceed an amount equal to one and one-half (1.5) times the net lot area.
ii.Residential density. Residential density shall not exceed an amount equal to one and one-half (1.5) times the net lot area.
iii.Mixed uses. In mixed use developments, the following density requirements shall apply:
a)For commercial and institutional uses, density shall not exceed an amount equal to three (3) times the net lot area; and
b)For residential uses, density shall not exceed an amount equal to three
(3)times the net lot area.
b.Maximum building coverage: Eighty-five (85%) percent of the net lot area.
c.Minimum open space requirements.
i.The minimum required open space shall be at least fifteen (15%) percent of gross acreage. For developments with residential units, an additional 500 square feet of contiguous, usable open space (active recreational use) shall be provided for every one (1) dwelling unit proposed; and the area shall be identified as an amenity for residents. Required yards and requirements for sidewalk and supplemental zone widths constructed on private property may be counted towards this requirement. Open space may include roof-top terraces, residential balconies, sidewalks, street furniture and landscape strips, supplemental zones, planted areas, fountains, plazas, hardscape elements related to sidewalks and plazas, and similar features and shall include all non-impervious surfaces. (Amended 9/19/06; Ord. 2006-47)
ii.Residential balconies: Balconies for residential units, which are enclosed on no more than three (3) sides, may be counted towards open space requirements for a maximum depth of six (6) feet.
d.Building heights.
i.Minimum building façade heights: Buildings shall have a minimum façade height of twelve (12) feet along each façade visible from any public right-of-way; and
ii.Maximum building heights: Buildings shall not exceed a maximum building height of twenty (20) stories. (Amended 9/19/06, Ord. 2006-47)
e.Side or rear yards for non-residential development:
i.Side yards: Ten (10) feet; and
ii.Rear yards: Twenty (20) feet.
f.Front yard: See (I) Supplemental Zones.
g.Side, rear and front yards for single-family attached and single-family detached development:
i.Front yard: Twenty (20) feet;
ii.Rear yard: Twenty (20) feet;
iii.Side yard: Zero (zero) feet; and
iv.Supplemental zones shall not apply to single-family attached and single-family detached development. (Amended 9/19/06, Ord. 2006-47)
h.All developments which are mixed use, i.e., containing two or more uses within the development, shall receive development approval substantially the same as that process is described in Section 7-2 (E) of the Zoning Ordinance pertaining to Planned Unit Developments (“PUD”). It is the intent of this paragraph that mixed use developments will be held to a more flexible standard as set out in the PUD development approval process previously referenced.
2.Industrial Uses.
a.Density. Development shall not exceed a floor area ratio equal to 1.5 times the net lot area. For purposes of this section:
i.Floor area ratio shall mean a number which, when multiplied by the total net lot area of any lot within the TCMU and TCMF districts, establishes the total amount of gross floor area space that may be developed on that lot, excluding basement and garage space and space contained within any accessory structure unless said accessory structure is used as a secondary dwelling unit; and
ii.“Net lot area” shall equal the total gross area of a lot as measured in square feet less the total combined square footage of street rights-of-way, both public and private, all land located within the 100 year flood plain, and all water impoundments.
b.Maximum impervious surface area: Eighty-five (85%) percent of the total lot area.
c.Building heights.
i.Minimum building façade heights: Buildings shall have a minimum façade height of ten (10) feet along each façade visible from any public right-of-way.
ii.Maximum building heights: Buildings shall not exceed a maximum building height of twenty (20) stories.
d.Setback Requirements Industrial Uses.
i.Side yard setback: 20 feet;
ii.Rear yard setback: 50 feet; and
iii.Front yard setback: 50 feet.
G.Site Limitations for Residential, Institutional, and Commercial/Retail/Service Uses.
1.Drive-through service windows and drive-in facilities shall not be located between the principal structure and the street where the primary entrance is located. However, the prohibition for the location of drive-through service windows and drive-in facilities shall apply to South Fulton Parkway for every lot with frontage on South Fulton Parkway. This prohibition may only apply to a maximum of one side of any lot.
2.Gasoline fuel dispenser structures and associated vehicular services such as air pumps and car washes shall not be located between the principal structure and the street. However, the prohibition for the location of gasoline fuel dispenser structures and associated vehicular services such as air pumps and car washes shall apply to South Fulton Parkway for every lot with frontage on South Fulton Parkway. This prohibition may only apply to a maximum of one side of any lot.
H.Sidewalks.
1.Residential, Institutional, and Commercial/ Retail/Service Uses. Public sidewalks shall be located along all streets and shall have minimum widths as specified herein. Sidewalks shall consist of two zones: a street furniture and tree planting zone and a clear zone. For purposes of this section the following regulations shall apply to all sidewalks:
a.Street furniture and tree planting zone requirements:
i.Said zone shall be located immediately adjacent to the curb;
ii.Said zone shall be a minimum width of seven (7) feet and shall be continuous;
iii.Said zone shall meet the tree planting requirements of this section; and
iv.In addition to the required planting of trees, this zone may also be used for the placement of street furniture including utility poles, waste receptacles, fire hydrants, traffic signs, newspaper vending boxes, bus shelters, bicycle racks and similar elements in a manner that does not obstruct pedestrian access or motorist visibility. The Union City Community Development Department shall issue permits therefor.
b.Clear zone requirements: Said zone shall be located immediately contiguous to the street furniture and tree planting zone and shall be continuous. Said zone shall be a minimum width of five (5) feet and shall be hardscape, and unobstructed for a minimum height of eight (8) feet.
c.Street tree planting requirements:
i.Street trees shall be planted a maximum of fifty (50) feet on center within the street furniture and tree planting zone and shall be equally spaced between street lights;
ii.Street trees shall be a minimum of three (3) inches in diameter measured thirty-six (36) inches above ground. These trees shall be a minimum of twelve (12) feet in height, shall have a minimum mature height of forty
(40)feet, and shall be limbed up to a minimum height of eight (8) feet;
and
iii.Street trees shall have a minimum planting area of thirty-two (32) square feet. All plantings, planting replacement and planting removal shall be approved by the Union City Department of Community Development.
The area between required plantings shall either be planted with evergreen ground cover such as mondo grass or liriope spicata or shall be paved as approved by the Union City Department of Community Development.
d.Every commercially reasonable effort shall be made to place utilities underground or to the rear of structures to allow for unobstructed use of sidewalks.
e.Sidewalks for single-family residential detached, single family residential attached, two-family residences, townhomes, and multi-family residential shall be governed by the same standards applicable in the single family/multi-family regulations of the Union City Development Regulations. (Amended 9/19/06; Ord. 2006-47)
2.Industrial Uses. Public sidewalks shall be located along one side of all public streets and shall have minimum widths of six (6) feet. Prior to the issuance of a Land Disturbance Permit, a Pedestrian Access Plan shall be submitted that shows safe pedestrian routes from the closest public right of way to the primary building entrance/exit. The following regulations shall apply to all sidewalks:
a.Street tree planting requirements:
i.Street trees shall be planted a maximum of fifty (50) feet on center within seven (7) feet of the curb and shall be equally spaced between street lights.
ii.Street trees shall be a minimum of three (3) inches in diameter measured thirty-six (36) inches above ground. The trees shall be a minimum of twelve (12) feet in height, shall have a minimum mature height of forty
(40)feet, and shall be limbed up to a minimum height of eight (8) feet.
iii.Street trees shall have a minimum planting area of thirty-two (32) square feet. All plantings, planting replacement and planting removal shall be approved by the Union City Department of Community Development.
The area between required plantings shall either be planted with grass or evergreen ground cover such as mondo grass or liriope spicata or shall be paved as approved by the Union City Department of Community Development.
b.Every commercially reasonable effort shall be made to place utilities underground or to the rear of structures to allow for unobstructed use of sidewalks.
I.Supplemental Zones for Institutional and Commercial/Retail/Service Uses. The area between any building, parking garage, or parking lot and the required sidewalk shall be defined as the supplemental zone. Supplemental zones shall meet the following requirements. Except as otherwise specified below, the square footage contained within a supplemental zone which meets all the requirements may be counted towards open space requirements.
1.Supplemental zone general requirements:
a.Terraces, porches and stoops shall have a maximum finished floor height of twenty-four (24) inches above finished-grade, unless existing topographical considerations render this requirement unreasonable;
b.The supplemental zone shall be no more than twenty-four (24) inches above the adjacent public sidewalk for a minimum linear distance of fifteen (15) feet from the nearest edge of the adjacent public sidewalk, unless existing topographical considerations render this requirement unreasonable;
c.Any authorized walls, other than retaining walls, surrounding landscaped and grassed areas shall not exceed a maximum height of twenty-four (24) inches;
and
d.Fencing shall be permitted only when:
i.The supplemental zone is located between sidewalk level residential units and the adjacent street; or
ii.Said fencing is used to separate authorized outdoor dining from the required sidewalk.
2.Supplemental zones containing a depth greater than fifteen (15) feet shall be counted towards open space requirements only when the following additional requirements are met:
a.They are unobstructed by any elements with the exception of fountains, pedestrian furniture, public art and similar elements;
b.When adjacent non-residential ground floor uses are provided, the zone shall be visible and accessible from any point along the adjacent sidewalk; and
c.When adjacent residential ground floor uses are provided, the zone shall contain a pedestrian walkway to the adjacent public sidewalk. Said pedestrian walkway shall be perpendicular to the street and shall connect directly to the public sidewalk and shall be uncovered along its entire length.
J.Relationship of Building to Street.
1.Residential, Institutional, and Commercial/Retail/Service Uses.
a.The delineation of building floors from the third story above the sidewalk level and lower shall be executed through windows, belt courses, cornice lines or similar architectural detailing.
b.The primary pedestrian entrance for access to all sidewalk level uses and business establishments with street frontage:
i.Shall face and be visible from the street when located adjacent to such street;
ii.Shall be directly accessible and visible from the sidewalk adjacent to such street; and
iii.Shall remain unlocked during business hours for non-residential uses.
c.A street address number shall be required above each building’s primary entrance. The address number shall be clearly visible from the sidewalk and shall be a minimum of eight (8) inches in height.
d.Fenestration:
i.Street-fronting non-residential uses, with the exception of places of worship, shall meet the following sidewalk level requirements:
a)The length of the primary building façade without intervening fenestration or entryway shall not exceed fifty (50) feet;
b)Fenestration shall not utilize painted glass, reflective glass or other similarly treated or opaque windows. Entrances may be counted towards fenestration requirements;
c)Fenestration shall be provided for a minimum of fifty (50%) percent of the length of all street frontages:
1)Beginning at a point not more than three (3) feet above the sidewalk, to a height no less than ten (10) feet above the sidewalk;
or
2)Beginning at the finished floor elevation to a height no less than ten (10) feet above the finished floor elevation when the finished floor elevation is three (3) or more feet above the sidewalk; or
3)Beginning at a point not more than sidewalk level, to a height not less than ten (10) feet above the finished floor elevation when the finished floor elevation is below the sidewalk.
ii.Fenestration shall be provided for a minimum of twenty-five (25%)
percent of the length of the street primary building façade frontage for residential uses. (Amended 9/19/06, Ord. 2006-47)
e.Buildings with residential uses at the sidewalk level shall meet the following regulations:
i.All primary pedestrian entrances not adjacent to a public sidewalk shall be linked to the public sidewalk with a pedestrian walkway a minimum of five (5) feet wide; and
ii.All such buildings shall have individual entrances to such units directly accessible from the sidewalk and shall open directly onto the adjacent sidewalk, park, plaza, terrace or porch. Units that are adjacent to each other shall be permitted to share one pedestrian walkway to meet this requirement. All pedestrian walkways providing such access shall be perpendicular to the street, unless prohibited by topography.
f.Fences and walls shall meet the following regulations:
i.For residential uses adjacent to the sidewalk, fences shall not exceed forty-two (42) inches in height when located between the primary building and the street or between any supplemental zone and the adjacent street. For non-residential uses adjacent to the sidewalk, fences are prohibited when located between the building and the sidewalk except where outdoor dining is provided. See Section I for all regulations regarding Supplemental Zones.
ii.Retaining walls shall be finished poured concrete or shall be faced with stone, brick or smooth stucco.
iii.No walls, except retaining walls, shall be located between the street and any building, with the exception of screening for authorized off-street loading areas.
iv.Fences and walls located between the primary building and the lot line and not exceeding six (6) feet in height may be erected, but shall not be permitted between the primary building and the street.
g.No barbed wire, razor wire, chain link fence or similar elements shall be visible from any public plaza, ground level or sidewalk level outdoor dining area or public right-of-way.
K.Loading and Mechanical Features.
1.Residential, Institutional, and Commercial/Retail/Service Uses.
a.Loading areas: Dumpsters and loading areas shall be paved with impervious materials and shall be screened so as not to be visible from any public plaza, ground level or sidewalk level outdoor dining area, public sidewalk or public right-of way.
b.Loading dock entrances for non-residential uses shall be screened so that loading docks and related activity are not visible from the public right-of-way.
c.Building mechanical and accessory features:
i.Shall be located to the side or rear of the principal structure and shall be in the location of least visibility from the public right-of-way. Screening with plant or fence materials shall be required if the equipment is otherwise visible from the public right-of-way;
ii.When located on rooftops these features shall be incorporated in the design of the building and screened with building materials similar to the building; and
iii.They shall not be permitted between the building and any public street.
2.Industrial Uses.
a.Dumpsters and loading areas shall be paved with impervious materials.
Dumpsters shall be screened so as not to be visible from any public plaza, ground level or sidewalk level outdoor public dining area, public sidewalk or public right-of-way.
b.Building mechanical and accessory features shall be located on the roof, to the side or to the rear of the principal structure.
L.Curb Cuts and Parking Structures.
1.Residential, Institutional, and Commercial/Retail/Service Uses.
a.Driveway curb cut widths shall be a minimum of twenty-four (24) feet for two-way entrances and twelve (12) feet for one-way entrances, unless otherwise permitted by the Union City Department of Community Development. For the purposes of this section, two (2) curb cuts serving two one-way driveways shall only be counted as one curb cut provided that each curb cut does not exceed one lane in width.
b.Driveways for non-residential uses, except for a driveway to reach the side yard or rear yard or an on-site parking facility, are not permitted between the sidewalk and a building, and shall be perpendicular to any adjacent street.
(Amended 9/19/06, Ord. 2006-47)
c.No more than one (1) curb cut shall be permitted for each development, provided that properties with more than one (1) street frontage may have one
(1)curb cut located on each street frontage. However, developments on properties with a single street frontage greater than three hundred (300) feet shall be permitted two (2) curb cuts along one street frontage.
d.Entrances to garages and carports that serve a single residential unit, and are not located behind the principal structure, shall face the front yard, rear yard, or a side yard which has no street frontage.
e.All contiguous ground-floor residential units shall share one common drive, located in rear yards or side yards without street frontage, to serve garages, carports and parking areas.
f.Parking deck façades shall conceal automobiles from visibility from any public right-of-way or private drive or street that is open to the general public, and shall have the appearance of a horizontal storied building.
g.A common or joint driveway may be authorized when adjacent lots have direct vehicular access to a street.
h.All multi-story developments, including parking decks, shall have sidewalks a minimum width of four (4) feet connecting ground level parking to the public sidewalks and to all building entrances.
2.Industrial Uses.
a.Driveway curb cut widths shall be a minimum of forty (40) feet for two-way entrances and twenty (20) for one-way entrances. For the purposes of this section, two (2) curb cuts serving two one-way driveways shall only be counted as one curb cut provided that each curb cut does not exceed one lane in width.
b.Parking deck facades shall conceal automobiles from visibility from any public right-of-way or private drive or street that is open to the general public, and shall have the appearance of a horizontal storied building.
c.A common or joint driveway may be authorized when adjacent lots have direct vehicular access to a street.
d.All developments, including parking decks, shall have sidewalks a minimum width of four (4) feet connecting ground level parking to an entrance to the building.
M.Parking Lot Landscaping. The requirements of Article X shall apply to all uses in this district except as modified as follows for Residential, Institutional, and Commercial/Retail/Service Uses:
1.Said parking lot requirements shall apply to all lots regardless of size.
2.All parking bays shall be terminated with a landscaped strip a minimum width of five (5) feet and equal to the length of the parking bay.
3.All required landscaped areas shall be planted with evergreen ground cover or shrubs with a maximum height of thirty (30) inches.
4.All landscaped buffer areas and strips along sidewalks, drives, private streets and public rights of way shall have a minimum of one (1) tree with a minimum diameter of three (3) inches thirty-six (36) inches above ground level.
N.Vehicular Parking Standards for Residential, Institutional and Commercial/Retail/ Service Uses. The following parking requirements shall apply to all uses:
1.Residential. All residential parking shall be governed by Article X of the Zoning Ordinance.
2.Non-residential.
a.Off-street surface parking shall not be located between a building and the street.
b.All developments which provide automobile parking facilities shall provide bicycle/moped parking facilities at a ratio of at least one (1) bicycle/moped parking space for every twenty (20) automobile parking spaces. No development shall have fewer than three (3) bicycle/moped parking spaces nor be required to exceed a maximum of fifty (50) spaces. Bicycle/moped spaces shall be located within the street furniture zone a maximum distance of one hundred (100) feet of the building entrance, or shall be located at least as close as the closest automobile space, except for handicapped parking spaces.
c.Shared or reduced parking arrangements may be permitted by the Union City Department of Community Development subject to a shared parking arrangement under the following criteria:
d.The arrangement shall avoid conflicting parking demands and provide for safe pedestrian circulation and access;
e.All shared parking spaces shall be clearly marked; and
f.An applicant for shared parking spaces shall submit the following:
i.A to-scale map indicating location of proposed parking spaces;
ii.Hours of business operation of nonresidential parking users;
iii.Written consent of property owners agreeing to the shared parking arrangement; and
iv.Copies of parking leases. Renewed leases shall be filed with the Union City Department of Community Development. Lapse of a required lease agreement shall terminate the permission for shared parking. (Amended 9/19/06, Ord. 2006-47)
O.Additional Subarea Regulations. The following additional specific regulations shall only apply to the area defined Exhibit A: Town Center Mixed Use District:
1.Block standards.
a.Developments with more than six hundred (600) linear feet of frontage along a single street shall be divided by public or private streets into blocks having a maximum length of four hundred (400) feet, as measured from the back of the sidewalk clear zone.
b.Such streets shall function as public streets and shall connect two (2) other public streets or private streets or a physical barrier or natural amenity.
c.Pedestrian Streets shall be utilized for the purposes of forming blocks. Said Pedestrian Street shall be a minimum width of sixteen (16) feet and shall meet all of the Supplemental Zone requirements of this Chapter.
d.The total perimeter length of the block shall not exceed 1,800 linear feet and the total area of a block shall not exceed three and three-tenths (3.3) acres.
2.Sidewalks. Sidewalk clear zones shall be a minimum width of ten (10)
feet.
3.Supplemental zone. Said zone is required and shall be a minimum width of five
(5)feet.
4.Relationship of building to street. For all street-fronting buildings, with the exception of places of worship, fenestration shall be provided for a minimum of sixty-five (65%) percent of the length of all street frontages. All other relationship of building to street requirements shall apply.
5.Off street parking. All parking requirements for this subarea shall utilize the figures and ratios as established in Article X except that all figures and ratios shall be calculated as maximum parking requirements rather than the minimum parking requirement calculations as written in Article X.
ExhibitA Town Center Mixed Use District
(Amended 5/15/12, Ordinance 2012-09; 10/1/20, Ordinance 2020-__)
§ 6-16
TCMF Town Center Multi-Family.
A.Description of District. This district is composed of certain lands and structures in the City providing for pedestrian friendly residential uses and accessory non-residential uses complete with quality urban design regulations.
The illustrations in this Chapter are not regulations. They are intended to help the reader visualize the text. The text, not the illustrations, controls in the event of any conflict or discrepancy.
B.Permitted Uses. Within the TCMF Zoning District, the following Permitted Uses shall be allowed:
1.Accessory uses and structures.
2.Multi-family dwellings.
3.Single-family dwellings and two-family dwellings.
4.All non-residential permitted uses listed below shall be restricted in floor area to a maximum of five (5%) percent of the total development, shall be located within a building that contains street frontage and shall be located on the street-level floor only. No occupancy permit for the following uses shall be issued until a minimum of fifty (50%) percent of the total dwelling units are occupied.
a.Bakeries, not to exceed four thousand (4,000) square feet of floor area.
b.Commercial banking, not to exceed four thousand (4,000) square feet of floor area.
c.Day care centers, nursery schools and kindergartens.
d.Grocery stores, not to exceed eight thousand (8,000) square feet of floor area.
e.Museums, galleries, museums, historical sites, and similar institutions auditoriums, libraries and similar cultural facilities, not to exceed eight thousand (8,000) square feet of floor area.
f.Offices, arts and crafts galleries, and studios, not to exceed eight thousand (8,000) square feet of floor area.
g.Restaurants, not to exceed four thousand (4,000) square feet of floor area.
h.Retail trade including furniture and home furnishings stores; electronics and appliance stores; building material and garden equipment and supplies dealers; food and beverage stores; health and personal care stores; gasoline stations; clothing and clothing accessories stores; sporting goods, hobby, book, and music stores; general merchandise stores; miscellaneous store retailers and non-store retailers, not to exceed four thousand (4,000) square feet of floor area.
C.Conditional uses: Upon application to and approval by the Zoning Administrator, said approval being based solely on compliance with all the conditions required herein, the following conditional uses shall be allowed:
1.Places of worship.
2.Schools and their customary related uses.
D.Transitional Heights and Yards.
1.Transitional height restrictions: Where this district adjoins a single-family zoning district without an intervening street, height within this district shall be limited to thirty-five (35) feet for a linear distance of one hundred and fifty
(150)feet of this district as measured from the district boundary.
2.Transitionalyards:
a.Where this district adjoins a single-family zoning district without an intervening street, a minimum of twenty (20) feet is required which shall not be used for the purpose of parking, paving, loading, servicing or any other activity with the exception of private alleys or drives up to ten (10) feet in width. Such yards shall be planted and maintained as a landscaped strip.
b.Where this district adjoins a single-family zoning district and contains a building, structure, or use located in both zoning districts, a transitional yard is not required, provided that the portion of the building, structure, or use within twenty (20) feet of such designations shall only contain principal or accessory uses and structures permitted in such district.
c.Screening: In addition to the above transitional yard requirements, permanent opaque walls six (6) feet in height shall be provided and shall be maintained.
3.Zero-lot-line development. Zero-lot-line subdivision is permitted.
E.Development Controls.
1.Density. For purposes of this section, “net lot area” shall equal the toatal gross acres multiplied by 43,560 square feet (a gross acre equals 43,560 square feet) less the total combined square footage of street rights-of-way, both public and private, all land located within the 100 year flood plain, all water impoundments, and all lands proposed to be dedicated to a governing authority.
The following density requirements shall apply:
a.Residential density.
For single-family and two-family dwellings, density shallnot exceed an amount equal to two and one-half (2.5) units for each acre contained in the net lot area. For multi-family dwellings and townhomes, density shall not exceed an amount equal to ten
(10)units for each acre contained in the net lot area.
b.Non-residential density.
For all permitted nonresidential uses, density shall not exceed an amount equal to one (1) unit per 4,200 square feet of net lot area, provided that such non-residential uses shall be restricted in floor area to a maximum of five one (1) unit per listed below shall be restricted in floor area to a maximum of five (5%) percent of the total development.
2.Maximum building coverage: Eighty-five (85%) percent of the net lot area.
3.Minimum open space requirements.
a.For all residential and non-residential uses, a minimum of twenty (20%)
percent of the net lot area shall be open space. Required yards and requirements for sidewalk and supplemental zone widths constructed on private property may be counted towards this requirement. Open space may include new streets, roof-top terraces, residential balconies, sidewalks, street furniture and landscape strips, supplemental zones, planted areas, fountains, plazas, hardscape elements related to sidewalks and plazas, and similar features.
b.Residential balconies: Balconies for residential units, which are enclosed on no more than three (3) sides, may be counted towards open space requirements for a maximum depth of six (6) feet.
c.New streets incentive: New public streets, or private streets which function as public streets, may be counted towards open space requirements provided said street:
i.Connects two (2) other public streets or private streets which meet the requirements of this section (c);
ii.Meets the sidewalk requirements of this Chapter;
iii.Has a maximum of two (2) travel lanes;
iv.Does not include gates across said street; and
v.Has components with the following maximum widths, where utilized:
a)Travel lanes: 12 feet;
b)Bike lanes: 5 feet;
c)Parallel parking: 8 feet;
d)45 degree angled parking lane: 19 feet; and
e)60 degree angled parking lane: 20 feet.
d.On-street parking incentive: New on-street parking may be counted towards open space requirements provided the following criteria are met:
i.No on-street parking currently exists in the public right-of-way adjacent to the project area for which credit is sought;
ii.The new on-street parking is located where there is no existing street lane;
iii.The on-street parking occupies an entire block face or a minimum distance of two hundred (200) feet;
iv.Sidewalk extensions are provided at street intersections; and
v.All other sidewalk requirements of this Chapter are met.
4.Reserved.
5.Building heights.
a.Minimum building façade heights: Buildings shall havea minimum façade height of eighteen (18) feet along each façade visiblefrom any public right-of-way.
b.Maximum building heights: Buildings shall not exceed a maximum building height building height of seventy-five (75) feet.
6.Side or rear yards.
a.Side yards not adjacent to a street: Ten (10) feet.
b.Rear yards not adjacent to a street: Twenty (20) feet.
c.Side or rear yards adjacent to a street: See (H) Supplemental Zones.
7.Front yard: See (H) Supplemental Zones.
F.Site Limitations.
1.Block standards.
a.Developments with more than six hundred (600) linear feet of frontage along a single street shall be divided by public or private streets into blocks having a maximum length of four hundred (400) feet, as measured from the back of the sidewalk clear zone.
b.Such streets shall function as public streets and shall connect two (2) other public streets or private streets or a physical barrier or natural amenity as defined by theUnion City Planning Department.
c.Pedestrian Streets shall be permitted to be utilized for dividing property for the purposes of forming blocks.
Said Pedestrian Street shall be a minimum width of sixteen (16) feet in width and shall meet all of the Supplemental Zone requirements of this Chapter.
d.The total perimeter length of the block shall not exceed 1,800 linear feet and the total area of a block shall not exceed three and three-tenths (3.30) acres.
2.Drive-through service windowsand drive-in facilities shall not be located between the principal structure and the street.
3.Gasoline fuel dispenser structures and associated vehicular services such as air pumps and car washes shall not be located between the principal structure and the street.
G.Sidewalks. Public sidewalks shall be located along all streets and shall have minimum widths as specified herein.
Sidewalks shall consist of two zones: a street furniture and tree planting zone and a clear zone. The following regulations shall apply to all sidewalks:
1.Street furniture and tree planting zone requirements:
a.Said zone shall be located immediately adjacent to the curb.
b.Said zone shall be a minimum width of seven (7) feet and shall be continuous.
c.Said zone shall meet the tree Planting requirements of this section.
d.In addition to the required planting of trees, this zone may also be used for the placement of street furniture including utility poles, waste receptacles, fire hydrants, traffic signs, newspaper vending boxes, bus shelters, bicycle racks and similar elements in a manner that does not obstruct pedestrian access or motorist visibility and as approved by the Union City Planning Department.
2.Clear zone requirements: Said zoneshall be located immediately contiguous to the street furniture and tree planting zone and shall be continuous. Said zone shall be a minimum width of eight (8) feet and shall be hardscape, and unobstructed for a minimum height of eight (8) feet.
3.Street tree planting requirements:
a.Street trees are required and shall be planted in the ground a maximum of fifty feet (50) on center within the street furniture and tree planting zone and spaced equal distance between street lights.
b.All newly planted trees shall be a minimum of three (3) inches in caliper measured thirty-six (36) inches above ground, shall be a minimum oftwelve
(12)feet in height, shall have a minimum mature height of forty (40) feet, and shall be limbed up to a minimum height of eight (8) feet.
c.Trees shall have a minimum planting area of thirty-two (32) square feet. All plantings, planting replacement and planting removal shall be approvedby the Union City Planning Department. The area between required plantings shall either be planted with evergreen ground cover such as mondo grass or liriope spicata or shall be paved as approved by the Union City Planning Department.
4.Every commercially reasonable effort shall be made to place utilities underground or to the rear of structures to allow for unobstructed use of sidewalks.
H.Supplemental Zones. The area between any building, parking garage, or parking lot and the required sidewalk, when no intervening building exists, shall be defined as the supplemental zone. Supplemental zones shall meet the following requirements.
Except asotherwise specified below, the square footage contained within a supplemental zone which meets all the following supplemental zone requirements may be counted towards openspace requirements.
1.Supplemental zone general requirements:
a.Said zone shall be required and shall be a minimum width of fifteen (15) feet.
b.When sidewalk level residential units are provided, supplemental zone shall be landscaped with the exception of terraces, porches, stoops and walkways, which may occupy a maximum of two-thirds (2/3) of the supplemental zone area;
c.Terraces, porches and stoops shall have a maximum finished floor height of twenty-four (24) inches above finished grade, unless existing topographical considerations render this requirement unreasonable;
d.The supplemental zone shall be no more than twenty-four (24) inches above the adjacent public sidewalk for a minimum linear distance of fifteen (15) feet from the nearest edge of the adjacent public sidewalk, unless existing topographical considerations render this requirement unreasonable; and
e.Any authorized walls surrounding landscaped and grassed areas shall not exceed a maximum height of twenty-four (24) inches, except retaining walls, which shall not exceed a maximum height of thirty-six (36) inches unless existing topography requires a retaining wall of greater height; and
f.Fencing shall be permitted only when:
i.The supplemental zone is located between sidewalk level residential units and the adjacent street; or
ii.Said fencing is used to separate authorized outdoor dining from the required sidewalk.
I.Relationship of Building to Street.
1.Delineation of building floors at third story above sidewalk level and lower shall be executed through windows, belt courses, cornice lines or similar architectural detailing.
2.The primary pedestrian entrance for pedestrians to access all sidewalk level uses and business establishments with public or private street frontage:
a.Shall face and be visible from the public street when located adjacent to such street.
b.Shall be directly accessible and visible from the sidewalk adjacent to such street.
c.Shall remain unlocked during business hours for non-residential uses.
3.A street address number shall be required above each building’s primary entrance. The address number shall be clearly visible from the sidewalk and shall be a minimum of eight (8) inches in height.
4.Fenestration:
a.Street-fronting non-residential uses, with the exception of places of worship, shall meet the following sidewalk level requirements:
i.The length of the primary building façade without intervening fenestration or entryway shall not exceed fifty (50) feet.
ii.Fenestration shall not utilize painted glass, reflective glass or other similarly treated or opaque windows. Entrances may be counted towards fenestration requirements.
iii.Fenestration shall be provided for a minimum of fifty (50%) percent of the length of all street frontages:
a)Beginning at a point not more than three (3) feet above the sidewalk, to a height no less than ten (10) feet above the sidewalk, or
b)Beginning at the finished floor elevation to a height no less than ten
(10)feet above the finished floor elevation when the finished floor elevation is three (3) or more feet above the sidewalk, or
c)Beginning at a point not more than sidewalk level, to a height no less than ten (10) feet above the finished floor elevation when the finished floor elevation is below the sidewalk.
iv.Fenestration shall be provided for a minimum of twenty-five (25%)
percent of the length of the street primary building façade frontage for residential uses.
5.Buildings with residential uses at the sidewalk level shall meet the following regulations:
a.All primary pedestrian entrances not adjacent to a public sidewalk shall be linked to the public sidewalk with a pedestrian walkway a minimum of five
(5)feet wide.
b.All such buildings shall have individual entrances to such units directly accessible from the sidewalk and shall open directly onto the adjacent sidewalk, park, plaza, terrace or porch adjacent to the sidewalk. Units that are adjacent to each other shall be permitted to share one pedestrian walkway to meet this requirement. All pedestrian walkways providing such access shall be perpendicular to the street, unless topography prohibits.
6.Fences and walls shall meet the following regulations:
a.For residential uses adjacent to the sidewalk, fences shall not exceed forty-two (42) inches in height when located between the primary building and the street or between any supplemental zone and the adjacent street. For non-residential uses adjacent to the sidewalk, fences are prohibited when located between the building and the sidewalk except where outdoor dining is provided. See Section 7 for all regulations regarding Supplemental Zones.
b.Retaining walls located adjacent to a sidewalk along a public street shall not exceed a height of two (2) feet and the combined height of a fence where otherwise authorized and retaining wall shall not exceed a height of five (5) feet, unless existing topography prohibits retaining walls of a lesser height.
Retaining walls shall be finished poured concrete or shall be faced with stone, brick or smooth stucco.
c.No walls, except retaining walls, shall be located between the street and any building, with the exception of screening for authorized off-street loading areas.
d.Fences and walls located between the primary building and the lot line and not exceeding six (6) feet in height may be erected, but shall not be permitted between the primary building and the street.
7.No barbed wire, razor wire, chain link fence or similar elements shall be visible from any public plaza, ground level or sidewalk level outdoor dining area or public right-of-way.
J.Loading and Mechanical Features.
1.Loading areas: Dumpsters and loading areas shall be paved with impervious materials and shall be screened so as not to be visible from any public plaza, ground level or sidewalk level outdoor dining area, public sidewalk or public right-of way.
In addition, dumpsters and loading areas serving residential uses shall be enclosed with opaque walls six (6) feet in height.
2.Loading dock entrances for non-residential uses shall be screened so that loading docks and related activity are not visible from the public right-of-way.
3.Building mechanical and accessory features:
a.Shall be located to the side or rear of the principal structure and shall be in the location of least visibility from the public right-of-way. Screening with plant or fence materials shall be required if the equipment is otherwise visible from the public right-of-way.
b.When located on rooftops shall be incorporated in the design of the building and screened with building materials similar to the building.
c.Shall not be permitted between the building and any public street.
K.Curb Cuts and Parking Structures.
1.Driveway curb cut widths shall be a maximum of twenty-four
(24)feet for two-way entrances and twelve (12) feet for one-way entrances, unless otherwise permitted by the Union City Planning Department. For the purposes of this section, two
(2)curb cuts serving two one-way driveways shall only be counted as one curb cut provided that each curb cut does not exceed one lane in width.
2.Driveways, except for a driveway to reach the side yard or rear yard or an on-site parking facility, are not permitted between the sidewalk and a building, and shall be perpendicular to any adjacent street.
3.No more than one (1) curb cut shall be permitted for each development, provided that properties with more than one (1) street frontage may have one (1) curb cut located on each street frontage. However, developments on properties with a single street frontage greater than three hundred (300) feet shall be permitted two
(2)curb cuts along one street frontage.
4.Entrances to garages and carports that serve a single residential unit, and are not located behind the principal structure, shall face the rear yard, or a side yard which has no street frontage.
5.All contiguous ground-floor residential units shall share one common drive, located in rear yards or side yards without street frontage, to serve garages, carports and parking areas.
6.Parking deck facades shall conceal automobiles from visibility from any public right-of-way or private drive or street that are open to the general public, and shall have the appearance of a horizontal storied building.
7.A common or joint driveway may be authorized by the Union City Planning Department when adjacent lots have direct vehicular access to a street, and a driveway from a private street which functions as a public street may be authorized by the director of the Union City Planning Department, based on traffic considerations, when a perpetual easement agreement is agreed upon by all affected property owners and a copy of such agreement is provided to the Union City Planning Department.
8.All developments, including parking decks, shall have sidewalks a minimum width of four (4) feet connecting ground level parking to the public sidewalks and to all building entrances.
L.Parking Lot Landscaping. The requirements of Article X shall apply to this district except as modified as follows:
1.Said parking lot requirements shall apply to all lots regardless of size.
2.All parking bays shall be terminated with a landscaped strip a minimum width of five
(5)feet and equal to the length of the parking bay.
3.All required landscaped areas shall be planted with evergreen ground cover or shrubs with a maximum height of thirty (30) inches.
4.All landscaped buffer areas and strips along sidewalks, drives, private streetsand public rights of way shall have a minimum of one (1) tree with a minimum caliper of three and one-half (3.5) inches.
M.Vehicular Parking Standards. The following parking requirements shall apply to all uses:
1.Off-street surface parking shall not be located between a building and the street without an intervening building.
2.All non-residential developments which provide automobile parking facilities shall provide bicycle/moped parking facilities at a ratio of at least one (1) bicycle/moped parking space for every twenty (20) automobile parking spaces.
No development shall have fewer than three (3) bicycle/moped parking spaces nor be required to exceed a maximum of fifty (50) spaces. Bicycle/moped spaces shall be located within the street furniture zone a maximum distance of one hundred (100) feet of the building entrance, or shall be located at least as close as the closest automobile space, except for handicapped parking spaces.
3.Shared or reduced parking arrangements may be permitted by the Union City Planning Department subject to a shared parking arrangement under the following criteria:
a.The arrangement shall avoid conflicting parking demands and provide for safe pedestrian circulation and access;
b.All shared parking spaces shall be clearly marked; and
c.An applicant for shared parking spaces shall submit the following:
i.A to-scale map indicating location of proposed parking spaces;
ii.Hours of business operation of nonresidential parking users;
iii.Written consent of property owners agreeing to the shared parking arrangement;
iv.Copies of parking leases. Renewed leases shall be filed with the Union City Planning Department. Lapse of a required lease agreement shall terminate the permission for shared parking.
ARTICLE VII
OVERLAY DISTRICTS