Union City › Zoning Ordinance

Article 7 — Overlay Districts

current as of 2025-02-18verified current · checked 2026-08-24Officialofficial source ↗6 sections · full chapter

§ 7-1

HD Historic District.

A.Description of District. The Historic Overlay District is intended to conserveand enhance areas of existing or potential scenic value, of historical note, of architectural merit, or of interest to tourists. The Historic Overlay District provides for certain protective restrictions in addition to those found in the underlying zoning district in which the structure is located.

1.General Requirements.

a.All further development of property in Historic Overlay District shall conform to these standards, regardless of any change in ownership.

b.The Mayor and Council, after receiving recommendations from the Planning Commission, giving notice to property owners and holding a public hearing, may establish, alter or abolish the Historic Overlay District, the Mayor and Council or the Planning Commission may initiate such change or the initiation may be by petition of property owners. Any such petition shall include the following information:

i.The applicant’s name and address;

ii.The description of the boundaries of the area to be designated;

iii.A map illustrating those boundaries;

iv.A statement explaining the following:

a)The reason why the area should be designated;

b)The reason why the boundaries are adequate and correct; and

c)The positive and negative effects, if any, which designation of the area would have on the residence of the Overlay District.

v.A statement indicating the presence of one or more of the following:

a)One or more styles of architecture reflecting one or more of the City’s historical periods;

b)One or more buildings of historic interest and architectural merit; and

c)A distinct historical interest of local, state or national character.

B.Permitted Uses. Within the Historic Overlay District, the following uses shall be allowed:

1.Single family detached dwellings;

2.Single family attached dwellings, including townhouses, row houses and condominiums;

3.Two family dwellings;

4.Banks or financial institutions;

5.Business and professional offices;

6.Cultural facilities;

7.Home occupations;

8.Personal services establishments;

9.Public buildings and uses;

10.Public or private colleges, universities and elementary and secondary schools, but not schools primarily engaged in commercial or industrial trade education;

11.Restaurants;

12.Religious institutions, churches, monasteries, mosques, synagogues and temples;

and

13.Retail stores not exceeding 3,500 square feet of gross floor area.

C.Development Standards.

1.All new buildings shall conform to the general façade characteristics and scale of existing structures and shall be of proportions to complement existing structures the site.

2.Additions to existing structures shall be of proportions to complement existing structure and height shall not exceed the existing or previous height of existing structure, unless dictated by building code.

3.Demolition of a designated historic structure shall not be permitted unless the owner can demonstrate that there can be no economic value derived from the structure.

4.No building permit or other permit for construction or alteration of any building or structure or the use of any land shall be issued until proposed plans and elevations are reviewed and approved in writing as to the location and design by the Planning Commission and Mayor and Council of the City of Union City in accordance with Article XII.

a.The applicant shall file a petition with the Planning Commission for approval of construction or alteration of any building or structure within a Historic Overlay District. This application shall be supported by three (3) copies of a written summary of the planned additions or changes, knownas a Letter of Intent, which shall describe the proposed development in detail and a Site Plan. The Site Plan and Letter of Intent shall present the following information:

i.A legal description of subject property;

ii.The existing and proposed land uses and the approximate location of all buildings and structures;

iii.The location of existing and proposed streets and parking areas;

iv.Typical elevation drawings, indicating general architectural styleand building exterior materials, if possible, of all permanent buildings and structures to be constructed on the premises; and

v.A description of the phases under which construction shall be programmed, depicting the geographical limits of each phase of construction.

b.Upon approval of the Mayor and Council of the City of Union City, a permit shall be issued for the alteration, construction or demolition of an improvement of real property located within the Historic Overlay District.

c.A person who is guilty of violating any provisions of the Zoning Ordinance shall be subject to punishment as provided in the Zoning Ordinance of the City of Union City.

D.Dimensional Requirements. Requirements of the underlying zoning district in which a structure is located shall apply.

1.Appeals Procedure. The procedures specified in Article XII, shall apply to the Historic Overlay District.

§ 7-2

PUD Planned Unit Development.

A.Description of District. It is the intent of this overlay district to encourage the development of large tracts of land as planned developments by use of flexible and creative concepts in site planning. In particular, the overlay district is designed to encourage high quality development in the City by allowing flexibility in planning and development of projects that are consistent with the City’s Comprehensive Plan.

The overlay district may be used to permit new or innovative concepts in land utilization or diversification that could not be achieved under conventional zoning approaches. Deviation from strict application of the minimum requirements of the Zoning Ordinance is not intended to allow greater density; but rather to encourage creativity in land planning which results in quality residential patterns that conserve open space, reduce vehicle trips and enhance the surrounding area. Use in the overlay district shall be primarily residential in character, with additional commercial, public or recreational uses as approved by the Mayor and Council.

B.General Requirements. The general requirements within the PUD Overlay District for developments shall be as follows:

1.The underlying zoning of the property shall be residential.

2.Development of mixed-use, transit-oriented or traditional neighborhoods with a variety of uses and housing types is encouraged.

C.Use, Density and Other Regulations.

1.Permitted Uses. The uses permitted within this district shall be primarily residential in character, and include the following:

a.Single-family detached dwellings;

b.Townhouses and condominiums;

c.Churches, schools, community or club buildings, and similar public or semi-public facilities;

d.Commercial or retail uses as set out in Subparagraph (e) below, provided they meet the following criteria:

i.Their location is appropriate in relation to other land uses;

ii.The proposed use is designed so that it will primarily serve the planned development; and

iii.The proposed commercial or office uses do not represent more than twenty-five (25) percent of the area of the plan.

e.The following commercial uses shall be permitted within the overlay district, subject to the criteria in Subparagraph (d) above:

i.Ambulance services;

ii.Art dealers;

iii.Banks and other financial institutions;

iv.Camera shops;

v.Clinics;

vi.Clothing and clothing accessories stores;

vii.Exam preparation and tutoring;

viii.Finance, real estate and insurance offices;

ix.Fitness and recreational sports centers;

x.Florists;

xi.General merchandise stores, including department stores, pharmacies and drug stores, warehouse clubs and supercenters, small box discount stores, supermarkets and other grocery store, convenience food stores (without fuel pumps), permanent produce stands, retail bakeries, temporary outdoor seasonal sales, and temporary outdoor retail sales;

xii.Gift, novelty and souvenir shops;

xiii.Hotels and motels;

xiv.Jewelry stores;

xv.Legal services;

xvi.Management of companies and enterprises;

xvii.Museums;

xviii.Office supplies, stationery and gift stores;

xix.Offices of physicians, dentists and other health practitioners;

xx.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, personal chef services, personal fitness training services, tanning salons and tattoo parlors;

xxi.Pet and pet supply stores;

xxii.Photo finishing;

xxiii.Professional offices (non-medical related);

xxiv.Publishing;

xxv.Restaurants; and

xxvi.Sporting goods, hobby, books and music stores.

f.Accessory uses to those uses listed above.

2.Open Space, Passive or Active Recreation, Landscaped Open Space and Natural/Conservation Area. Developments in the overlay district shall devote at least twenty-five (25) percent of the total land area to open space, including natural areas, conservation areas, active or passive recreational areas, or some combination thereof, to preserve natural features, open space and other topographical features of the land.

a.For purposes of this calcualation, open space does not include any streets or public rights-of-way, yard areas or landscape areas located on individual lots, any required stormwater detention or retention facilities, or any required landscape strips or buffers.

b.A system of pedestrian pathways consisting of sidewalks or multi-use paths shall be provided linking each lot containing one or more dwelling units to at least one common area. Said pathways can be included in the open space calculation set out herein, provided that they are not contained within the public right-of-way.

c.Maintenance of open space shall be provided by a mandatory property owners’ association which shall be responsible for ownership, operation, maintenance and insurance of all land and facilities within the common areas of the development.

D.Dimensional Requirements. The minimum dimensional requirementswithin the PUD Overlay District shall be as follows:

1.Maximum density: as specified on development plan and subject to approval by City Council;

2.Lot area per dwelling unit: as specified on development plan and subject to approval by City Council;

3.Lot width and frontage: as specified on development plan and subject to approval by City Council;

4.Minimum floor area per dwelling unit: as specified on development plan and subject to approval by City Council;

5.Front yard setback, as measured from the right-of-way: as specified on development plan and subject to approval by City Council;

6.Rear yard setback: as specified on development plan and subject to approval by City Council;

7.Side yard setback: as specified on development plan and subject to approval by City Council;

8.Height: as specified on development plan and subject to approval by City Council; and

9.Minimum greenspace area: 25%; and

10.Parking.

a.In addition to the requirements herein, off-street parking shall meet the requirements of Article X, pertaining to “Off-Street Parking and Service Requirements”, of this Zoning Ordinance. To the extent any of the requirements herein conflict with said Article X, the requirements herein shall control.

b.Rows of parking shall provide intermittent landscape areas.

c.Parking shall be provided within a waling distance of 200 feet from the nearest parking space to the main entrance of the building intended to be served.

d.Parking lots shall be designed so that vehicles are not required to back into a street.

e.Parking lots shall be separated from the street right-of-way by a natural or landscaped open space area not less than ten (10) feet in width.

E.Guidelines for Land Use Mixing. Without limiting the flexibility provided in the overlay district for mixing land uses, some guidance on the desired range of mixing of land uses is necessary to ensure the arrangement of buildings and other improvements are advantageous to the orderly function and aesthetics of both the natural and man-made environment. This Subsection (E) provides guidelines and recommendations which shall guide the applicants, staff, the Planning Commission, and the Mayor and Council. This Subsection (E) shall not be construed to prevent an applicant from proposing a development inconsistent with the provisions of this subsection, although adherence to the requirements of Subsections (C) and (D) shall be required for any development approved within the overlay district. Furthermore, to the extent a development is proposed that is inconsistent with any of the provisions of this Subsection (E), approval shall be in the discretion of the Mayor and Council based on the development’s general adherence to these guidelines and recommendations.

1.Residential Density. The gross density of residential uses should not exceed the recommendations of the City’s Comprehensive Plan for the land use classification in which the property is located, as shown on the City’s future land use map.

2.Different Dwelling Types. Developments are encouraged to include a mix of different types of dwelling units including detached single-family dwellings and multi-family dwellings such as townhouses, condominiums, duplexes and apartments. This does not mean that there should be and even or proportional distribution among more than one dwelling type. In a development that includes single-family detached dwellings, the total number of multi-family dwellings, should not exceed twenty-five (25) percent of the total number of units in the development and should not exceed twenty-five (25) percent of the total acreage of the development. Multi-family dwelling units are encouraged to be adjacent to, or directly across from the street from, an open space area such as a public park, green or square.

3.Civic and Institutional Uses. Sites for churches, schools, community or club buildings, and similar public or semi-public facilities are encouraged to be provided, where appropriate. Where provided, such uses should be part of an integrated site design and located and designed to minimize negative impacts.

4.Commercial Uses. Within the overlay district, commercial uses, if proposed, should be located in careful relation to other land uses within and outside the development, and they should be scaled and oriented so that they primarily serve the occupants of the development. Neighborhood businesses may be appropriate in areas not designated on the future land use map, but only when such uses are consistent with the applicable development policies contained in the City’s Comprehensive Plan. Such uses, where provided, should be part of an integrated site design and located and designated to minimize negative impacts.

F.Review and Approval Procedure.

1.Pre-Application Conference. Prior to filing a formal application as a PUD Overlay, the applicant is encouraged to meet with the ZoningAdministrator in order to review the general character of the development plan (on the basis of a tentative land use sketch if available), and to obtain information on projected programs and other matters.

2.Submission of Application. All applications for approval of PUD Overlay development plan shall be filed with the City on forms supplied by the Zoning Administrator. A development plan shall consist of:

a.General location map;

b.Current topographical map clearly showing existing topographic conditions, including contour intervals of not more than 5 feet based on field survey or photogrammetric methods;

c.Map showing the existing floodplains as indicated by FEMA;

d.Existing and proposed land uses in the development site and all adjacent properties, including the approximate location of all streets;

e.Legal description of the subject property;

f.Location and use of existing and proposed public, semi-public or community facilities such as schools, parks and other open space, including areas proposed to be dedicated or reserved for community or public use;

g.Conceptual drawings of representative building types for all non-residential structures which indicate the proposed general architectural style and appearance;

h.Off-street parking and loading plan;

i.Area traffic study and circulation plan within the development and to and from existing thoroughfares; and

j.If a proposed development creates special problems or involves specific circumstances, additional information as required by the Zoning Administrator in order to properly evaluate the proposal as follows:

i.Economic feasibility report or market analysis;

ii.Hydraulic, hydrologic and drainage engineering studies;

iii.Environmentally-sensitive areas, including, but not limited to: watershed protection, wetlands or groundwater recharge impact study; and

iv.Based on the pre-application conference with the Zoning Administrator, other information as is deemed necessary may be requested; in addition, any of the aforementioned required information (items (a) through (j)) may be excluded if deemed not applicable by the Zoning Administrator.

k.In addition to the foregoing, the development plan shall include a written summary of intent that includes the following information:

i.Statement of the present ownership of all land within the proposed development;

ii.Explanation of the character of the proposed development, including, but not limited to: a summary of uses, number and type of dwelling units, a net residential density calculation, and minimum standards for floor area, lot size, yard and spacing requirements;

iii.General statement of the proposed development schedule and progression of unit development or staging; and

iv.Agreements, provisions, and covenants, which govern the use, maintenance and protection of the development and any common or open space, including the provisions which will organize, regulate and sustain the property owners’ association, where applicable.

3.Approval. An application for approval of a PUD Overlay development plan will be considered the same as a petition for rezoning, and will be subject to the procedures established in the Zoning Ordinance. Standards for PUD Overlay development plan approval are as follows:

a.The relationship between the proposed development and the surrounding uses, and the effect of the plan upon comprehensive planning for Fulton County and the City of Union City.

b.The ability of the existing and proposed streets, utilities and other public services sufficient to serve the development.

c.The proposed dwelling unit density and minimum dimensional requirements for lot development.

d.The amount of developed maintained as open space and/or recreation areas.

4.Revision of PUD Overlay development plan. Any major or substantial change in the approved development planas determined by the Zoning Administrator which affects the intentand character of the development, the density or land use pattern, thelocation or dimensions of streets, or similar substantial changes shall be treated as a rezoning and reviewed and approved by the Mayor and Council at a public hearing subsequent to receipt of the recommendation of the Planning Commission after conducting a public hearing.

A request for a revision of the development plan shall be supported by an amended development plan and written statement of why the revisions are necessary or desirable.

G.Control of Area Following Completion.

1.After completion of a PUD Overlay project, the use of land and construction, modification or alteration of any buildings or structures within the area covered by the plan shall be regulated by the approved development plan. (New Section –Adopted 7/16/02, Ordinance 02-07)

§ 7-3

MXD Mixed Use Development.

A.Description of District. It is the intent of this overlay district to encourage the development of large tracts of land that allows a mixture of complementary land uses that include housing, retail, offices and commercial services to create economic and social vitality and to encourage the linking of trips. Deviation from strict application of the minimum requirements of the Zoning Ordinance is not intended to allow greater density; but rather to develop commercial and mixed use areas that are safe, comfortable and attractive to pedestrians and provide flexibility in the siting and design of new developments and redevelopment to anticipate changes in the marketplace.

B.General Requirements. The general requirements within the MXD Overlay District for developments shall be as follows:

1.The underlying zoning of the property shall be commercial or industrial.

C.Use, Density and Other Regulations.

1.Permitted Uses. The uses permitted within this overlay district shallbe primarily commercial in character, and include the following:

a.Residential comprising no more than 25% of the total development area the proposed development;

b.Commercial:

i.Retail sales and services;

ii.Offices and clinics;

iii.Commercial and public parking;

iv.Entertainment; and

v.Wholesale.

c.Civic:

i.Government;

ii.Parks and open space; and

iii.Schools.

d.Industrial:

i.Manufacturing and production;

ii.Warehouse;

iii.Transportation, freight and distribution; and

iv.Industrial service.

D.Dimensional Requirements. The minimum dimensional requirements within the MXD Overlay District shall be as follows:

1.Maximum density: as specified on development plan and subject to approval by City Council;

2.Lot area per dwelling unit: as specified on development plan and subject to approval by City Council;

3.Lot width and frontage: as specified on development plan and subject to approval by City Council;

4.Minimum floor area per residential dwelling unit: as specified on development plan and subject to approval by City Council;

5.Front yard setback, as measured from the right-of-way: as specified on development plan and subject to approval by City Council;

6.Rear yard setback: as specified on development plan and subject to approval by City Council;

7.Side yard setback: as specified on development plan and subject to approval by City Council;

8.Height: as specified on development plan and subject to approval by City Council; and

9.Minimum greenspace area: 20%.

E.Review and Approval Procedure.

1.Pre-Application Conference. Prior to filing a formal application as a MXD Overlay, the applicant is encouraged to meet with the Zoning Administrator in order to review the general character of the development plan (on the basis of a tentative land use sketch if available), and to obtain information on projected programs and other matters.

2.Submission of Application. All applications for approval of MXD Overlay development plan shall be filed with the city on forms supplied by the Zoning Administrator.

3.Approval. An application for approval of a MXD Overlay development plan will be considered the same as a petition for rezoning, and will be subject to the procedures established in the Zoning Ordinance. Standards for MXD Overlay development plan approval are as follows:

a.The relationship between the proposed development and surrounding uses, and the effect of the plan upon comprehensive planning for Fulton County and the City of Union City.

b.The ability of the existing and proposed streets, utilities and other public services sufficient to serve the development.

c.The proposed density and minimum dimensional requirements for lot development for each land use component.

d.The amount of developed maintained as open space and/or recreation areas.

4.Revision of MXD Overlay development plan. Any major or substantial change in the approved development plan as determined by the Zoning Administrator which affects the intent and character of the development, the density or land use pattern, the location or dimensions of streets, or similar substantial changes shall be treated as a rezoning and reviewed and approved by the Mayor and Council at a public hearing subsequent to receipt of the recommendation of the Planning Commission after conducting a public hearing.

A request for a revision of the development plan shall be supported by an amended development plan and written statement of why the revisions are necessary or desirable.

F.Control of Area Following Completion.

1.After completion of a MXD Overlay project, the use of land and construction, modification or alteration of any buildings or structures within the area covered by the plan shall be regulated by the approved development plan. (New Section –Adopted 2/18/03, Ordinance 03-02)

§ 7-4

OSC Open Space Conservation Subdivision.

A.Description of District. The OSC overlay district is established to encourage the preservation of natural resources within residential development. Sensitive natural resources are protected by limiting land disturbance and decreasing the percentage of impervious surface within the planned community, and by adding flexibility to site plan design. Open space design is intended to result in more efficient use of land, lower development and infrastructure costs, and the conservation of land for recreation or aesthetic and environmental enrichment. It is not the intent of this overlay district to increase overall development densities, but to allow for the stipulated densities of the underlying zoning district. It is also the intent of the overlay district to encourage design flexibility, creativity and development complementary to surrounding and existing neighborhoods. Open space community

(OSC)plans are approved as site plan specific.

B.General Requirements. The general requirements within the OSC Overlay District for developments shall be as follows:

1.The district may be overlaid upon the R-1, R-2, R-3, R-4, R-6 and RMD-1 zoning districts.

C.Use and Density Regulations.

1.Permitted Uses. Permitted uses are consistent with uses permitted in the underlying zoning district.

2.Density Determination.

a.Maximum density: The maximum number of lots is determined by dividing the area of the tract of land by the minimum lot size specified in the underlying zoning. In making this calculation, the following shall not be included in the total area of the parcel:

i.Slopes over 25 percent of at least 5,000 square feet contiguous area;

ii.The 100-year floodplain;

iii.Bodies of open water over 5,000 square feet contiguous area;

iv.Wetlands that meet the definition of the Army Corps of Engineers pursuant to the Clean Water Act; or

v.Anticipated right-of-way needs for roads and utilities.

b.Lot area per dwelling unit: shall be no less than 2/3 the size required by underlying zoning and is subject to approval by City Council.

c.Lot width and frontage: as specified on development plan and subject to approval by City Council.

d.Minimum floor area per dwelling unit: all dwelling units within a development developed under the standards of this district shall have greater than an 1,800 square feet of heated space; 2/3 of all dwelling units shall have a minimum of 2,000 square feet of heated space; and 1/3 of all dwelling units shall have a minimum of 2,200 square feet of heated space.

e.Front yard setback, as measured from the right-of-way: as specified on development plan and subject to approval by City Council.

f.Rear yard setback: as specified on development plan and subject to approval by City Council.

g.Side yard setback: as specified on development plan and subject to approval by City Council.

h.Height: as specified on development plan and subject to approval by City Council.

D.Open Space. Open Space is the portion of the conservation subdivision that has been set aside for permanent protection. Activities within the Open Space are restricted in perpetuity through the use of an approved legal instrument. Standards to determine open space are as follows:

1.The minimum restricted Open Space shall comprise at least 40% ofthe gross tract area.

2.The following are considered Primary Conservation Areas and are required to be included within the Open Space, unless the Applicant demonstrates that this provision would constitute an unusual hardship and be counter to the purposes of this article:

a.The regulatory 100-year floodplain;

b.Buffer zones of at least 75 ft width along all perennial and intermittent streams;

c.Slopes above 25 percent of at least 5,000 square feet contiguous area;

d.Wetlands that meet the definition used by the Army Corps of Engineers pursuant to the Clean Water Act;

e.Populations of endangered or threatened species, or habitat for such species;

and

f.Archaeological sites, cemeteries and burial grounds.

3.The following are considered Secondary Conservation Areas and should be included within the Open Space to the maximum extent feasible.

a.Important historic sites;

b.Existing healthy, native forests of at least one acre contiguous area;

c.Individual existing healthy trees greater than 8 inches caliper,as measured from their outermost dripline;

d.Other significant natural features and scenic viewsheds such as ridge lines, peaks and rock outcroppings, particularly those that can be seen from public roads;

e.Prime agricultural lands of at least five acres contiguous area; and

f.Existing trails that connect the tract to neighboring areas.

4.Above-ground utility rights-of-way and small areas ofimpervious surface may be included within the protected Open Space but cannot be counted towards the 40 percent minimum arearequirement (exception: historic structures and existing trails may be counted). Large areas of impervious surface shall be excluded from the Open Space.

5.At least 75 percent of the Open Space shall be in a contiguoustract. The Open Space should adjoin any neighboring areas of OpenSpace, other protected areas, and non-protected natural areas that would be candidates for inclusion as part of a future area of protected Open Space.

6.The Open Space shall be directly accessible to the largest practicable number of lots within the subdivision. Non-adjoining lots shallbe provided with safe, convenient access to the Open Space.

7.Permitted Uses of Open Space. Uses of Open Space may include the following:

a.Conservation of natural, archeological or historical resources;

b.Meadows, woodlands, wetlands, wildlife corridors, game preserves, or

c.Walking or bicycle trails, provided they are constructed of porous paving materials;

d.Passive recreation areas;

e.Active recreation areas, provided that they are limited to no more than 10 percent of the total Open Space and are not located within Primary Conservation Areas. Active recreation areas may include impervious surfaces. Active recreation areas in excess of this limit must be located outside of the protected Open Space;

f.Agriculture, horticulture, silviculture or pasture uses, provided that all applicable best management practices are used to minimize environmental impacts, and such activities are not conducted within Primary Conservation Areas;

g.Nonstructural stormwater management practices;

h.Easements for drainage, access, and underground utility lines; or

i.Other conservation-oriented uses compatible with the purposes of this ordinance.

8.Prohibited uses of Open Space:

a.Golf courses;

b.Roads, parking lots and impervious surfaces, except as specifically authorized in the previous sections;

c.Agricultural and forestry activities not conducted according to accepted Best Management Practices; and

d.Other activities as determined by the Applicant and recorded onthe legal instrument providing for permanent protection.

9.Ownership and Management of Open Space.

a.Ownership of Open Space. The applicant must identify the owner of the Open Space who is responsible for maintaining the Open Space and facilities located thereon. If a Homeowners Association is the owner, membership in the association shall be mandatory and automatic for all homeowners of the subdivision and their successors. If a Homeowners Association is the owner, the Homeowners Association shall have lien authority to ensure the collection of dues from all members. The responsibility for maintaining the Open Space and any facilities located thereon shall be borne by the owner.

b.Management Plan. Applicant shall submit a Plan for Managementof Open Space and Common Facilities (“Plan”) that:

i.Allocates responsibility and guidelines for the maintenanceand operation of the Open Space and any facilities located thereon, including provisions for ongoing maintenance and for long-term capital improvements;

ii.Estimates the costs and staffing requirements needed for maintenance and operation of, and insurance for, the Open Space and outlines the means by which such funding will be obtained or provided;

iii.Provides that any changes to the Plan be approved by the City Council;

and

iv.Provides for enforcement of the Plan.

c.In the event the party responsible for maintenance of the Open Space fails to maintain all or any portion in reasonable order and condition, Union City may assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance. The costs of such maintenance may be charged to the owner, Homeowner’s Association, or to the individual property owners that make up the Homeowner’s Association, and may include administrative costs and penalties. Such costs shall become a lien on all subdivision properties.

10.Legal Instrument for Permanent Protection.

a.The Open Space shall be protected in perpetuity by a binding legal instrument that is recorded with the deed. The instrument shall be one of the following:

i.A permanent conservation easement in favor of either:

a)A land trust or similar conservation-oriented non-profit organization with legal authority to accept such easements. The organization shall be bona fide andin perpetual existence and the conveyance instruments shall contain an appropriate provision for retransfer in the event the organization becomes unable to carry out its functions; or

b)A governmental entity with an interest in pursuing goals compatible with the purposes of this ordinance. If the entity accepting the easement is not the city, then a third right of enforcement favoring the city shall be included in the easement;

ii.A permanent restrictive covenant for conservation purposes in favor of a governmental entity; or

iii.An equivalent legal tool that provides permanent protection, if approved by [the jurisdiction].

b.The instrument for permanent protection shall include clear restrictions on the use of the Open Space. These restrictions shall include all restrictions contained in this article, as well as any further restrictions the Applicant chooses to place on the use of the Open Space.

11.Review and Approval Procedure.

a.Pre-Application Conference. Prior to filing a formal application as a OSC Overlay, the applicant is encouraged to meet with the Zoning Administrator in order to review the general character of the development plan (on the basis of a tentative land use sketch if available), and to obtain information on projected programs and other matters.

b.Submission of Application. All applications for approval of OSC Overlay development plan shall be filed with the city on forms supplied by the Zoning Administrator.

c.Approval. An application for approval of an OSC Overlay development plan will be considered the same as a petition for rezoning, and will be subject to the procedures established in the Zoning Ordinance. Standards for OSC Overlay development plan approval are as follows:

i.The relationship between the proposed development and surrounding uses, and the effect of the plan upon comprehensive planning for Fulton County and the City of Union City.

ii.The ability of the existingand proposed streets, utilities and other public services sufficient to serve the development.

iii.The proposed density and minimum dimensional requirements for lot development for each land use component.

iv.The amount of developed maintained as open space and/or recreation areas.

12.Revision of OSC Overlay development plan. Any major orsubstantial change in the approved development plan as determined bythe Zoning Administrator which affects the intent and character ofthe development, the density or land use pattern, the locationor dimensions of streets, or similar substantial changes shall be treated as a rezoning and reviewed and approved by the Mayor and Council at a public hearing subsequent to receipt of the recommendation ofthe Planning Commission after conducting a public hearing. A request for a revision of the development plan shall be supported by anamended development plan and written statement of why the revisions are necessary or desirable.

E.Control of Area Following Completion.

1.After completion of a OSC Overlay project, the use of land and construction, modification or alteration of any buildings or structures within the area covered by the plan shall be regulated by the approved development plan.

§ 7-5

UD Urban Design.

A.Description of District. The regulations set forth in this chapter, or set forth elsewhere in this part, when referred to in this chapter, are the regulations in the Union City Urban Design Overlay District. These regulations shall supplant existing districts or portions of existing districts as shown on the attached map. Whenever the following regulations conflict with provisions of the Union City Zoning Ordinance, the more stringent regulation shall apply. The intent of this District is to establish a pedestrian-friendly mixed-use commercial and residential district complete with quality urban design regulations and place-making principles.

B.General Requirements. The district may be overlaid upon any existing zoning district.

C.Site Limitations.

1.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 the of the sidewalk clear zone.

2.Such streets shall function as public streets and shall connect two (2) other public streets or a physical barrier or natural amenity as defined by the Union City Planning Department.

3.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 widthand shall meet all of the Supplemental Zone requirements of this Chapter.

4.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.

D.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 five (5) 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 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.

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 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 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 seven (7) feet.

c.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 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.

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.Supplemental Zone. For purposes of these regulations, 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 as otherwise specified below, the square footage contained within a supplemental zone which meets all the following supplemental zone requirements may be counted towards open space requirements.

1.Supplemental zone general requirements:

a.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;

b.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;

c.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

d.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.

2.Fencing permitted only when:

a.The supplemental zone is located between sidewalk level residential units and the adjacent street; or

b.Said fencing is used to separate authorized outdoor dining from the required sidewalk.

F.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.Shall be 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, shall be visible and accessible from any point along the adjacent sidewalk.

c.When adjacent residential ground floor uses are provided, shall provide a pedestrian walkway from said space 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 and open to the sky along its entire length.

G.Relationship of Building to Street.

1.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.

d.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.

H.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 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 activities are not visible from the publicright-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.

I.Off-Street Parking.

1.Off-street surface parking shall not be located between a building and the street without an intervening building.

§ 7-6

RHC Roosevelt Highway Corridor.

A.Description of District. The Roosevelt Highway Corridor is a 15-mile portion of Roosevelt Highway (US 29) from the Fulton County line in Palmetto to Camp Creek Parkway in College Park. The corridor spans several governing jurisdictions, and includes portions of the City of Palmetto, the City of Fairburn, the City of Union City, the City of College Park, the Red Oak Community and unincorporated Fulton County.

Through architectural form, landscape, hardscape, signage and graphics, this Overlay District seeks to reflect the history of the highway corridor, to accommodate modes of transportation other than the automobile such as bicycling, walking and transit through pedestrian oriented street design and circulation patterns and to improve the aesthetics of the corridor.

The purpose and intent of the Roosevelt Highway Corridor Overlay District is to unify the Corridor with aesthetic design elements while protecting the separateness and individualities of the communities of Palmetto, Union City, Red Oak and College Park. Moreover, this district seeks to maintain Roosevelt Highway’s function as a viable transportation facility that is not encumbered by endless commercial sprawl. This is accomplished by segmenting the corridor within each community into three Development Districts: Core, Primary and Secondary Development Districts, which are defined below.

The Core Development District (CDD) allows for the development of a pedestrian-oriented commercial village center with a mix of uses for residents to live, work and relax. The Core District includes residential uses combined with retail, service commercial, office and institutional uses in the same buildings. The Core District supports and promotes commercial vitality and is a pedestrian oriented environment.

Road frontage encourages vehicles to slow down and streetscape features are designed for traffic calming and pedestrian safety. Preservation of the existing historical character of the area is critical in the Core District.

The Primary Development District (PDD) occurs outside the Core District and transitions the more highly developed Core to a more automobile friendly concept. A mix of commercial, residential and community uses inhabit the less densely developed Primary District but are not permitted to be mixed into the same structure.

Pedestrian use is not as high in this district, and road frontage is geared to pedestrian safety. The Primary District promotes a unified architectural style in terms of density, spacing and massing of buildings.

The Secondary Development District (SDD) is the parkway that links the Primary Districts and serves to protect rural land and natural resources of the Roosevelt Highway Corridor. The secondary District is even more automobile and truck oriented and generally limited to industrial and corporate complexes with natural barriers screening the development off each side of the road. While pedestrian use is lower here, road frontage continues to address safety associated with transit and school bus activities.

This Overlay is adopted for the purpose of advancing communitydevelopment goals, promoting economic development and promoting and protecting health, safety, order, prosperity and general welfare of the citizens of Union City, Georgia.

B.General Requirements. The 15-mile Roosevelt Highway Corridor is a multi-jurisdictional corridor and includes portions of the City of Palmetto, the City of Union City, The City of College Park, the Red Oak Community and unincorporated Fulton County between the Fulton/Coweta County line and Camp Creek Parkway.

Core, Primary and Secondary Development Districts have been delineated with the Roosevelt Highway Overlay District.

Specifically for the City of Union City, the Overlay District applies to all properties zoned or developed for nonresidential and residential uses (except single family detached dwelling units), and shall adhere to specific design guidelines for each development district set forth and detailed in the Design Guidelines for the Roosevelt Highway Corridor.

Parcels identified in the City of Union City’s Core Development District are specifically delineated. In the Primary and Secondary Districts, only parcels fronting Roosevelt Highway shall comply with the regulations.

Whenever provisions of this section conflict with any other article or section in the Zoning Ordinance of the City of Union City or any other City ordinances, regulations or resolutions, these standards shall prevail.

C.Permitted Uses. The Core Development District (CDD) shall utilize the Mixed-Use District (MXD) regulations of the City of Union City Code. The MXD District is intended to integrate workplaces, shopping, entertainment services, and housing and community facilities in a pedestrian friendly, village-like environment. Where provisions of the Mixed-Use District conflict with any articles of this resolution, the provisions of this article and guidelines detailed in the Design Guidelines for the Roosevelt Highway Corridor shall prevail.

The Primary Development District (PDD) and the Secondary Development District

(SDD)shall be comprised of land uses designated by The City of Union City and zoned accordingly, but shall be in compliance with the regulations of this overlay district and shall comply with guidelines detailed in the Design Guidelines for the Roosevelt Highway Corridor.

D.Development Standards.

1.Development Standards for the Core District.

a.Landscaping:

i.Street trees shall be planted on non-railroad side of the corridor, and planted on the railroad side of the corridor if possible.

ii.Street trees shall be 40 feet on center, and planted in tree pits with ground cover. Tree pits shall be excavated trenches with prepared backfill and drainage system.

iii.Minimum caliper for street trees shall be four inches, with two trees planted equidistant between themselves and lighting fixtures.

iv.Street trees shall be placed back from the curb to meet GDOT clear zone requirements, (typically three feet on a 25 mph roadway).

b.Screening and Fencing:

i.All unsightly areas such as outside service areas, accessory site features, refuse areas and receptacles, and storage areas shall be screened from Roosevelt Highway with walls, fences, landscape or a combination providing 100% screening. Brick, stone or wood shall be acceptable for screening and shall be a minimum of eight feet tall.

ii.Accessory site features are prohibited in the front yard of any property.

iii.Opaque fences are prohibited adjacent to public streets.

iv.A parapet shall screen accessory site features on a roof or other architectural feature.

v.Brick, stone, wood are permitted fencing materials.

vi.Chain link fences are prohibited.

c.Pedestrian Paths:

i.Sidewalks shall be constructed on both sides of Roosevelt Highway.

ii.Sidewalks shall consist of brick pavers, or materials which imitate brick pavers, and be eight feet in width.

iii.Sidewalks shall extend from the building fronts to the parking edge.

iv.Were possible, sidewalks shall be constructed to facilitate pedestrian safety at railroad crossings located in the Core District.

v.Sidewalks shall be connected to applicable signalized crosswalks and with bus stops.

vi.Pedestrian paths and sidewalks shall be illustrated on the site plan submitted for permitting purposes.

vii.Street furniture shall be located outside the specified width of any pedestrian path, and shall be placed back from the curb to meet GDOT clear zone requirements.

viii.Sidewalk connector paths, as well as driveways crossing sidewalks shall be constructed across the entire length of all concrete aprons and shall be textured to match the appearance of sidewalk materials in color, texture, and design. Sidewalk connector paths shall comply with all applicable standards of the Americans with Disabilities Act (ADA).

ix.Internal walkways (paths) are required from the public sidewalk to the main entrance of the principle use of the property and shall meet applicable ADA standards.

x.Intra-parcel walkways crossing parking lots shall be distinguished from parking lots by the use of colors, textures (use of different materials), differences in rise above the parking lot or a combination of these methods, to minimize auto-pedestrian conflict.

xi.Paths shall be direct and convenient routes between points of origin (such as a bus stop) and destination (such as a shop, bank, etc.).

xii.Pedestrian connectivity between residential and nonresidential developments is required.

d.Lighting. 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.

e.Building Materials and Architectural Treatment.

Size, Setback, Orientation:

i.All buildings shall be oriented to face the street and built up to the property line along the sidewalk.

ii.No building shall be more than three stories in use or 40 feet in height of the structure.

iii.The first floor shall have ceiling height of 12 feet and shall be greater in height than the upper floors.

iv.Residential use shall be permitted on the second or third floor of commercial and office buildings. Residential use shall not be permitted in a one-story commercial or office building in the Core.

v.Buildings shall not end abruptly at a corner. Corner buildings shall demonstrate focal points, which anchor the corner. Corner buildings shall have functional extensions around any corner.

f.Materials and Colors:

i.For new construction or infill building in the Core, masonry construction shall be used and shall consist of brick, pre-cast rusticated concrete block, natural building stones, tiles, stucco, pre-cast window sills and terra cotta.

ii.Any type of exterior insulating foam siding (EIFS) systems shall be avoided.

iii.Exterior finishes for accessory structures shall be consistent with the principal structure.

iv.Building paint colors shall be reviewed by the Design Review Committee.

Building colors are encouraged to be compatible with the era and style of subject building.

g.Windows, Doors, Awnings:

i.Display windows shall be street facing and at street level.

ii.Display windows shall conform and custom fit between the framed ledge and sill created by flanking storefront bulkheads to the entry and fit to the horizontal dividing frame running beneath storefront transoms.

iii.Display windows shall be of the greatest amount of single glass panes as possible and the multi-paned “colonial” design of display windows shall be avoided.

iv.Transom windows above the display windows are encouraged and shall continue in a repeated organization of glass panes across the entire storefront opening including over the entry, broken only by vertical framing or columns that frame the width of the entry area.

v.Decorative stained glass, multi-pane or leaded glass transoms are permitted.

vi.Upper facade windows shall be uniformly spaced across each building.

vii.Doors shall be customized to each storefront.

viii.Awnings may/shall be used and shall have an eight-foot vertical clearance from the sidewalk and shall project horizontally no more than one-half the width of the sidewalk.

ix.Awnings shall have a 35 to 40 degree angled shed form and shall be of square hollow aluminum bar and “Steel Stitch” construction.

x.Quarter barrel and dome forms of awnings shall only be used in the Core District if fitted appropriately into arched window openings.

xi.Mid-20th century rigid canopies may be used only on structures of original mid-20 th century architecture.

h.Architectural Features:

i.All primary entrances shall be street facing and at street level; entry areas may contain single or double door entries.

ii.The size and scale of storefront openings shall be uniform.

iii.Roofs may be used for decks or additional public space upon approval.

iv.Elevators shall be required if the second floor use is for an office with a larger number of people (generally greater than six) or are to be publicly accessible offices or professional offices with public clientele.

v.The front facade shall have zero to four feet of vertical area above the front facade edge for building attractive decorative upper cornices.

vi.Party wall construction shall be used to obtain proper height density;

setback and thrust facades are not permitted.

vii.Original historic storefronts shall be retained.

viii.Unsightly, non-used, non-contributing historic structures that do not conform to the zero-lot-line construction, storage buildings, fenced junk yards and sheds shall be removed.

ix.Top the extent any rear or side of any building is visible from any public street or single family residence, architectural treatment shall continue through the rear or side.

x.Flat roofs and roof-mounted equipment shall be screened from the view of public and private streets by a parapet. No parapet shall be required to be greater than four feet above roof.

February 18, 2025, Rev. II Page 184

xi.Vending machines shall be located inside a building.

xii.Burglar bars, steel gates, metal awnings and steel roll down curtains are prohibited on the exterior and interior of a structure except at the structure’s rear.

i.Parking:

i.Parallel, reverse angled, or traditional angled parking shall be used on one or both sides of the roadway in the Core District, upon approval from GDOT. The width of the parking lane shall be eight feet.

ii.All off-street parking for non-residential buildings, townhouses, and multi-family buildings shall be located to the rear.

iii.On-street surface parking spaces located adjacent to the front property line shall be counted toward the minimum number of parking spaces required for that lot.

iv.The required number of off-street parking spaces may be reduced as approved.

v.Shared parking shall be permitted as approved.

vi.When surface parking located to the rear is along a (side) street right-of-way, the parking may occur along such frontage for a maximum of 120 linear feet.

vii.Access lanes and additional curb cuts (other than the primary access drive) shall be located to the side or rear of the property. The maximum width of the access lane and/or driveway is 18 feet.

viii.Loading areas shall be located in the rear or side yards.

ix.Parking decks shall be constructed to conceal vehicles, and shall include architectural detailing and finish compatible with surrounding buildings.

j.Street Standards:

i.Speed limit through the Core District shall be 25 miles per hour upon approval from GDOT.

ii.All intersections and Core District boundaries shall be marked with pedestrian crosswalks, pedestrian markings, and handicap ramps.

iii.Intersections with traffic signals shall have pedestrian signal buttons and lights and shall conform to ADA requirements.

iv.All roadways in Core District shall have curb and gutter.

v.Pedestrian refuge islands shall be used if the roadway has four lanes or more.

vi.Bicycle lanes shall be constructed on both sides of the roadway and shall be five feet wide and striped.

k.Streetscape Features:

i.All streetscape features shall be placed back from the face of the curb to meet GDOT clear zone requirements (typically three feet on a 25 mph roadway).

ii.Benches shall be of heavy cast iron materials and shall be anchored to the pavement.

iii.Benches shall be placed parallel to the street facing the building fronts.

iv.Trash receptacles shall be located at the ends of blocks and in pedestrian gathering places, but not near seating.

v.Trash receptacles shall be black, 38”h by 29” in diameter.

vi.Trash receptacles shall be anchored per manufacturer specifications.

vii.A bicycle rack shall be installed in each Core District.

viii.Bike docks are encouraged for bike racks and shall be constructed of black color coated tubular steel for securing bikes 3 foot in length.

ix.A transit shelter shall be installed in each Core District and shall be a MARTA standard transit shelter, and shall be lit and furnished according to MARTA specifications.

x.A small trash receptacle shall be attached to each transit shelter.

xi.Newspaper dispensers shall be consolidated rather than spread out along the sidewalk.

xii.Newspaper dispensers shall be black color-coated to match street furniture, and shall be either a pedestal mounted frame style or custom built from steel tubing.

l.Miscellaneous Provisions:

i.Height of cell towers shall not exceed 199 feet.

ii.Stealth design is required for all cell towers.

m.Signage. Refer to Section XI of the Zoning Ordinance for sign requirements.

2.Development Standards for the Primary District.

a.Landscaping:

i.A ten-foot landscape strip shall be planted along the length of the non-railroad side of the roadway adjacent to the pedestrian sidewalk.

ii.An eight-foot landscape strip shall be planted along the railroad side of the corridor if proper GDOT setback and railroadbuffer requirements can be met.

iii.Street trees shall be planted in the landscape strip and shall be 40 feet on center with a minimum caliper of four inches. Street trees shall be set back from the curb to meet GDOT clear zone requirements (typically eight to ten feet on a 35-45 mph roadway).

iv.A low evergreen hedge shall be planted behind the street trees to screen automobiles from Roosevelt Highway.

v.Trees shall be planted in a single row and treeform evergreens shall be planted in a staggered row.

vi.The lawn shall be maintained between the hedge and back of curb.

vii.Shade or flowering trees shall be planted within or adjacent a 4-foot buffer along the railroad if proper GDOT setback and railroad buffer requirements can be met.

viii.There shall be a minimum of one street tree for every 25 feet of property frontage.

ix.There shall be a minimum of one overstory tree for every 40 feet of frontage.

x.The maximum spacing between any two overstory trees shall be 50 feet.

xi.The maximum spacing between flowering trees shall be 20 feet.

xii.The minimum caliper for street trees shall be two inches per ten-foot height for multi-stemmed material.

xiii.Hedges shall have a minimum of two rows of evergreen shrubs, 24” tall, two feet between rows and two and a half feet on center spacing.

b.Screening and Fencing:

ii.Accessory site features are prohibited in the front yard of any property.

iii.Opaque fences are prohibited adjacent to public streets.

iv.Accessory site features on a roof shall be screened by a parapet or other architectural feature or as approved.

v.Wood, stone, and brick are permitted fencing materials.

vi.Chain link fences are prohibited.

c.Pedestrian Paths:

i.Concrete sidewalks shall be constructed on the non-railroad side of the road and shall be five feet wide.

ii.These sidewalks shall have a two-foot-wide grass buffer between the curb and the sidewalk on the non-railroad side of the road.

iii.A ten-foot wide, concrete, multiuse trail shall be constructed on the railroad side, beyond an eight-foot landscape strip, provided GDOT setback and railroad buffer requirements can be met.

iv.Pedestrian paths and sidewalks shall be illustrated on the site plan submitted at the time of application for a Land Disturbance Permit.

v.Internal (paths) are required from the public sidewalk to the main entrance of the principal use of the property and shall meet applicable ADA requirements.

vi.Intra-parcel walkways crossing parking lots shall be distinguished from parking lots by the use of colors, textures (use of different materials), differences in rise above the parking lot or a combination of these methods, to minimize auto-pedestrian conflict.

vii.Sidewalks shall be connected to applicable signalized crosswalks and with bus stops.

viii.Paths shall be direct and convenient routes between points of origin (such as a bus stop) and destination (such as a shop, bank, etc.).

ix.Pedestrian connectivity between residential and nonresidential developments is required.

x.Sidewalk connector paths, as well as driveways crossing sidewalks shall be constructed across the entire length of all concrete aprons and shall be textured to match the appearance of sidewalk materials in color, texture, and design.

d.Lighting. 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 aresidentially zoned property, outdoor lighting shall be limited to a maximum height of 15 feet.

e.Building Materials and Architectural Treatment.

Size, Setback, Orientation.

i.The building setback in the Primary District shall be a maximumof 75 feet from the right of way, but may be built up to the property line along sidewalks.

ii.Buildings shall be on a pedestrian scale along sidewalks that will front shallow parking lots and driveways.

iii.New commercial development shall conform in size, scale, and materials as the existing structures.

iv.No building shall be more than three stories in use or 40 feet in height or the structure, however, developments with multiple rows shall have single story buildings in front and are encouraged to have multi-story, closely spaced buildings to the rear.

v.Residential use shall be permitted on the second or third floor of commercial and office buildings. Residential use shall be permitted as a secondary use in a one-story commercial or office building in the Primary District upon approval by the Zoning Administrator and the Design Review Committee.

vi.The front facade or entrance shall be oriented to the public right of way.

f.Materials and Colors.

i.Differing roof types are permitted and shall be constructed from composite shingles, tile, slate or standing seam metal.

ii.Building materials shall consist of brick, wood shakes, cementious fiberboard, rusticated concrete block, natural building stones, tiles, or stucco.

iii.Building paint colors shall be reviewed by the Design Review Committee.

Building colors are encouraged to be compatible with the era and style of subject building.

g.Windows, Doors, Awnings.

i.Residential doors shall not be permitted on commercial structures.

ii.Entry doors may contain single or double door entries.

iii.Residential windows are permitted on residential structures zoned for nonresidential uses.

iv.Awnings are permitted and may be used for both functional and decorative purposes, and may include quarter barrel and dome forms.

v.Awnings shall be of square hollow aluminum bar and “Steel Stitch”

construction.

h.Architectural Features.

i.Historic facades shall be retained, restored or repaired.

ii.House forms may be utilized for businesses.

iii.To the extent any rear or side of any building is visible from any public street or single family residence, architectural treatment shall continue through the rear or side.

i.Parking:

i.One double bay of parking shall be allowed between the building and the road.

ii.There shall be a landscape island for 150 linear feet of parking and at the ends of all parking bays.

iii.The landscape islands shall be a minimum of ten feet wide and extend the length of the parking space and shall contain one shade tree.

iv.Shared parking shall be permitted as approved.

v.Loading areas shall be located in the rear and side yards.

vi.Parking decks shall be constructed to conceal vehicles, and shall include architectural detailing and finish compatible with surrounding buildings.

j.Street Standards:

i.Speed limit through the Primary District shall be 35 miles per hour, not to exceed 45 miles per hour.

ii.All traffic-lighted intersections and the Primary District boundaries shall be marked with pedestrian crosswalks, pedestrian markings and handicap ramps to ADA standards.

iii.Intersections with traffic signals shall have pedestrian signal buttons and lights.

iv.All roadways in Primary District shall have curb and gutter.

v.Pedestrian refuge islands shall be used when the roadway is four lanes or greater.

vi.Curb cuts shall be minimized with the maximum curb cut of 30 feet wide.

vii.Marta crosswalks shall be painted for every Marta stop with a shelter.

viii.Bicycle lanes shall be constructed on both sides of the corridor and shall be five feet wide and shall be paved.

k.Streetscape Features:

i.Transit shelters shall be installed in the Primary District according to Marta ridership standards. They shall be MARTA standard transit shelters and shall be lit and furnished according to Marta specifications.

ii.A small trash receptacle shall be attached to each transit shelter.

l.Miscellaneous Provisions:

i.Height of cell towers shall not exceed 199 feet.

ii.Stealth design is required for all cell towers.

m.Signage. Refer to Section XI of the Zoning Ordinance for sign requirements.

3.Development Standards for the Secondary District.

a.Landscaping:

i.A minimum 25-foot landscape strip shall be planted along the length of the non-railroad side of the roadway adjacent to the pedestrian sidewalk.

ii.A minimum of one tree for every 20 feet of frontage shall be planted in the landscape strip, and shall be planted to meet GDOT clear zone requirements for speed limits between 45 and 55 miles per hour provided GDOT setback and railroad buffer requirements can be met.

iii.A minimum of 50% of the total number of trees shall be overstory trees in the landscape strip.

iv.Maximum spacing between any two trees in the landscape strip shall be 50 feet.

v.Maximum spacing between understory trees in the landscape strip shall be 20 feet.

vi.Minimum caliper for overstory trees shall be three inches and for understory trees shall be two inches or ten-foot height for multi-stem material.

vii.The lawn shall be maintained from the landscape strip and the edge of pavement on both sides of the roadway.

viii.Where possible, shade or flowering trees shall be planted in a single row parallel to the edge of the roadway along the railroad, with spacing of an overstory tree every 40 feet and one understory tree every 20 feet, in accordance with GDOT setback and railroad buffer requirements.

ix.Natural screening of new development shall be accomplished by maintaining and preserving mature trees, and by creating land berms with large trees.

b.Screening and Fencing:

ii.Accessory site features are prohibited in the front yard of any property.

iii.Opaque fences are prohibited adjacent to public streets.

iv.Accessory site features on a roof shall be screened by a parapet or other architectural feature or as approved.

v.Wood, stone and brick are permitted fencing materials.

c.Pedestrian Paths:

i.Sidewalks are optional, but if constructed shall be five feet wide and shall be constructed on the non-railroad side of the roadway.

ii.Sidewalks shall have a 30-foot-wide grass buffer between the edge of the pavement and the sidewalk.

iii.Pedestrian paths and sidewalks shall be illustrated on the site plan submitted for permitting purposes.

d.Lighting:

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.

e.Building Materials and Architectural Treatment.

i.The building setback in the Secondary District shall be a minimum of 100 feet from the right of way.

ii.No building shall be more than seven stories in use.

iii.House forms and farmhouses may be rehabilitated and utilized for businesses.

iv.Residential use may be permitted in one-story commercial and office buildings upon approval from the Zoning Administrator and Design Review Committee.

v.Building colors shall be reviewed by the Design Review Committee.

Building colors are encouraged to be compatible with the era and style of subject building.

f.Parking:

i.There shall be a landscape island for 150 linear feet of parking and at the ends of all parking bays.

ii.The landscape islands shall be a minimum of ten feet wide and extend the length of the parking space and shall contain one shade tree.

g.Street Standards:

i.Speed limit through the Secondary District shall be 45 miles per hour, not to exceed 55 miles per hour.

ii.All traffic-lighted intersections in the Secondary District boundaries shall be marked with pedestrian crosswalks, pedestrian markings, and handicap ramps.

iii.Intersections with traffic signals shall have pedestrian signal buttons and lights.

iv.Pedestrian refuge islands shall be used.

v.MARTA crosswalks shall be painted for every MARTA stop with a shelter.

vi.Bicycle lanes shall be constructed on both sides of the corridor and shall be five feet wide and shall be paved.

h.Streetscape Features:

i.Transit shelters shall be installed in the Secondary District according to Marta ridership standards. They shall be MARTA standard transit shelters, and shall be lit and furnished according to MARTA specifications.

ii.A small trash receptacle shall be attached to each transit shelter.

i.Miscellaneous Provisions:

i.Height of cell towers shall not exceed 199 feet.

ii.Stealth design is required for all cell towers.

j.Signage. Refer to Section XI of the Zoning Ordinance for sign requirements.

E.Review and Approval Procedure. The Union City Roosevelt Highway Corridor Design Review Board (RHDRB) shall review all plans for development in the Roosevelt Highway Corridor, including Core, Primary and Secondary developments, and make recommendations for compliance with the standards herein and The Design Guidelines for the Roosevelt Highway Corridor.

F.Control of Area Following Completion. After completion of a Roosevelt Highway Corridor Overlay project, the use of land and construction, modification or alteration of any buildings or structures within the area covered by the plan shall be regulated by the approved development plan.

ARTICLE VIII

TOWERS AND ANTENNAS