Decatur, Georgia Unified Development Ordinance. Effective February 1, 2015

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1 Decatur, Georgia Unified Development Ordinance

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3 Decatur Unified Development Ordinance Article 1. General Provisions Sec Legal Status Provisions Sec Zoning Districts Sec Zoning District Map Sec Comprehensive Land Use Plan Article 2. Rules of Interpretation Sec Rules Applicable to All Districts Sec Building Types Article 3. Residential Districts Sec R-85 Single-Family Residential District Sec R-60 Single-Family Residential District Sec R-50 Single Family Residential District Sec RS-17 Single-Family Residential District Sec RM-18 Multiple-Family Residential District Sec RM-22 Multiple-Family Residential District Sec RM-43 Multiple-Family Residential District Sec Conservation Subdivision (R-85, R-60) Article 4. Mixed Use and Commercial Districts Sec PO Professional Office District Sec NMU Neighborhood Mixed Use District Sec C-1 Local Commercial District Sec C-2 General Business District Sec C-3 Heavy Commercial District Sec MU Mixed-Use District Article 5. Special and Overlay Districts Sec Institutional District Sec Historic Preservation Sec Downtown Decatur Special Pedestrian Area Sec Planned Unit Development District Article 6. Use Provisions Sec Use Classification Sec Allowed Use Table Sec Residential Uses Sec Public Uses Sec Commercial Uses Sec Industrial Uses Sec Open Uses Sec Accessory Uses Sec Temporary Uses i

4 Article 7. Site Development Sec Parking and Access Sec Landscaping Sec Signs Sec Site Lighting Sec Manufactured Homes, Preengineered Buildings Sec Performance Standards Article 8. Public Improvements Sec Required Improvements Sec Design Standards Article 9. Environmental Protection Sec Tree Protection Sec Stream Buffer Protection Sec Stormwater Management Sec Soil Erosion and Sedimentation Control Sec Floodplain Management/Flood Damage Prevention Sec Illicit Discharge and Illegal Connection Sec Stormwater Utility Sec Stormwater Management Rates Article 10. Buildings and Fire Sec Buildings and Building Regulations Sec Fire and Fire Prevention Article 11. Administration Sec Review Bodies Sec Review Process and Procedures Sec Nonconformities Sec Enforcement Article 12. Definitions Sec Defined Terms Appendix 1. Historic Properties... A-1 1. National Register Criteria for Evaluation....A-2 2. McDonough-Adams-Kings Highway District....A-3 3. Clairemont Avenue Historic District...A Ponce de Leon Court Historic District....A Old Decatur Historic District....A-15 ii

5 ARTICLE 1. GENERAL PROVISIONS Article 1. General Provisions Sec Legal Status Provisions Short Title Intent Application Zoning Compliance Law Validity Effective Date Sec Zoning Districts Establishment of Zoning Districts Sec Zoning District Map Established District Boundaries Annexed Property Sec Comprehensive Land Use Plan Establishment of Comprehensive Land Use Plan Land Use Districts Interpretation of Land Use District Boundaries Relationship Between Land Use Categories and Zoning Districts

6 ARTICLE 1. GENERAL PROVISIONS Sec Legal Status Provisions Short Title Sec Legal Status Provisions Short Title This ordinance shall be known and may be cited as the Unified Development Ordinance of the City, Georgia, and is referred to or cited as this UDO Intent A. UDO 1. This UDO is intended to serve the following purposes: a. To facilitate the implementation of the land use and community plans adopted by the City, Georgia; b. To manage growth while retaining character, to encourage a diverse and engaged community, to serve as good stewards of the environment and community resources; c. To promote the health, safety, morals, order, prosperity and the general welfare of present and future inhabitants of the City, Georgia; d. To secure safety from fire, panic and other dangers, to provide adequate light and air; e. To minimize the impact of land development on the natural environment, to provide safe opportunities for all modes of transportation; and f. To facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. tions and the sustained stability of neighborhoods; b. Protecting property against blight and depreciation, securing economy in governmental expenditures; and c. Conserving the value of buildings; and encouraging the most appropriate use of land, buildings and other structures throughout the City. B. Comprehensive Land Use Plan The Comprehensive Land Use Plan is intended to serve the following purposes: : 1. To control, guide and direct development in the City, Georgia; 2. To protect, preserve and enhance the City s cultural, environmental, economic and social resources; to identify current land uses in order to assist the City in making decisions regarding budgets, finances, utilities and other resources; 3. To enable the City to predict future land uses for planning purposes; 4. To stabilize the land uses in the City; 5. To assist in fulfilling the purposes of the City s zoning regulations; 6. To assist the City in fulfilling its statutory and other legal obligations; and 7. To provide a public document which will serve as a means of general information on land use and development for the citizens of Decatur. 2. The regulations have also been made with reasonable consideration for : a. The character of the district and its peculiar suitability for particular uses, and with a view to promoting desirable living condi- 1-2

7 Sec Legal Status Provisions ARTICLE 1. GENERAL PROVISIONS Application Application A. Territorial Application This UDO applies to all land, uses, buildings and structures within the corporate boundaries of the City. B. General Application In interpreting and applying the provisions of this UDO, they shall be considered as the minimum requirements for the promotion of the public safety, health, morals and general welfare. C. Required Conformance 1. All buildings, structures or land, in whole or in part, must be used or occupied, in conformance with this UDO. All buildings or structures, in whole or in part, must be erected, constructed, moved, enlarged or structurally altered in conformance with this UDO. 2. Nothing in this UDO shall require any change in the plans, construction or intended use of a building or structure for which a lawful permit has been issued or a lawful permit application has been accepted before the effective date of this UDO, provided that the construction under the terms of such permit is diligently pursued until its completion. D. Conflicting Provisions 1. It is not the intent of this UDO to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this UDO imposes a greater restriction upon the use of property or premises or upon the height of buildings, or requires greater space than is imposed or required by other resolutions, rules or regulations, or by easements, covenants or agreements, the provisions of this UDO shall govern. 2. This is intended to be the Unified Development Ordinance for the entire incorporated area of the City and all other zoning ordinances are hereby repealed, provided that nothing herein shall be construed as repealing or modifying the conditions of operation or conditions of site development accompanying those zoning approvals, variances or use permits issued under previous zoning ordinances; however, modification or repeal of these past conditions of approval may be accomplished through use of the procedures set forth in this UDO. 3. Text and Graphics Illustrations, photographs and graphics are included in this UDO to illustrate the intent and requirements of the text. In the case of a conflict between the text of this UDO and any Illustrations, photographs and graphics, the text governs Zoning Compliance Law A. This Chapter consists of a unified development ordinance, crafted as a series of Articles. B. Article 1. through Article 4., Article 5. (Sec. 5.1., Sec and Sec only), and Article 6., Article 7. and Article 11., as well as those definitions set forth in Article 12. that constitute, by reference, text of these Articles, are all intended to constitute a zoning ordinance within the meaning of O.C.G.A , et seq. Changes to the text of these Articles, as well as official zoning map amendments and other zoning actions addressed in those Articles, require compliance with the public notice and hearing procedures provided in Article 11., Administration, and in said state statute. C. The remaining articles are not intended to constitute a zoning ordinance and may be amended using the City s general procedures for ordinance amendments. 1-3

8 ARTICLE 1. GENERAL PROVISIONS Sec Zoning Districts Validity Validity Should any article, section or provision of this UDO be declared by a court of competent jurisdiction to be invalid, such action shall not affect the validity of the UDO as a whole or any part thereof other than the part so declared to be invalid, each article, section and provision hereof being declared severable Effective Date The effective date of this UDO shall be February 1, Sec Zoning Districts Establishment of Zoning Districts A. In order to carry out the intent and purpose of this UDO, the City of Deactur, Georgia, is divided into the following zoning and special districts: Residential Districts R-85 Single-Family Residential District R-85 R-60 Single-Family Residential District R-60 R-50 Single-Family Residential District new Formerly: RS-17 Single-Family Residential District HDSF RM-18 Multiple-Family Residential District RM-60 RM-22 Multiple-Family Residential District new RM-43 Multiple-Family Residential District RM-H Mixed Use and Commercial Districts PO Professional Office District PO NMU Neighborhood Mixed Use District new C-1 Local Commercial District C-1 C-2 General Commercial District C-2 C-3 Heavy Commercial District C-3 MU Mixed-Use District MU Special and Overlay Districts I Institutional District I H Historic District H -- Downtown Decatur Special Pedestrian Area PUD Planned Unit Development District PUD B. Upon adoption of this UDO, land which is presently zoned within an existing zoning classification which has changed names as set forth above shall be reclassified within the applicable new zoning classifications. The boundaries for renamed zoning districts and the conditions of each zoning district remain the same, unless amended in the future in accordance with the provision of Sec of this UDO

9 Sec Zoning District Map ARTICLE 1. GENERAL PROVISIONS Established Sec Zoning District Map Established A. The boundaries of zoning districts are shown upon the map designated as the Zoning District Map, which map, as amended, shall constitute the Official Zoning Map of the City. B. The Zoning District Map and all the notations, references and other information shown are a part of this UDO and have the same force and effect as if the Zoning District Map and all the notations, references and other information shown were all fully set forth or described herein, which Zoning District Map is properly attested and is on file with the city clerk of the City, Georgia District Boundaries A. The district boundary lines are intended to follow either streets or alleys or lot lines, and where the districts designated on the Zoning District Map are bounded approximately by a street, alley or lot lines, the centerline of the street or alley or the lot lines shall be the boundary of the district unless such boundary is otherwise indicated on the Zoning District Map. B. In all other cases the district boundary lines shall be determined by use of the scale appearing on the Zoning District Map Annexed Property Any territory annexed to the City shall continue to be subject to the county, town or city zoning district classifications and regulations as such territory was subject at the time of annexation, until such territory shall have been zoned by the City. Sec Comprehensive Land Use Plan Establishment of Comprehensive Land Use Plan A. The Comprehensive Land Use Plan is established as the official policy of the City, Georgia, concerning proposed land uses and how land in the City should be used. The City is hereby divided into the following land use categories: RL RM I C Low Density Residential Medium Density Residential Institutional Commercial and High-Density Residential B. The Comprehensive Land Use Plan does not alter or affect the existing zoning districts in the City, does not effectuate an amendment to the Zoning District Map, and does not itself permit or prohibit any existing land uses Land Use Districts A. The boundaries of the various land use districts are shown upon the map designated as the Comprehensive Land Use Plan. B. The Comprehensive Land Use Plan and all notations, references and other information are hereby made a part of this UDO and have the same force and effect as if the Comprehensive Land Use Plan and all the notations, references and other information shown thereon were all fully set forth or described herein, which Comprehensive Land Use Plan is properly attested and is on file with the city clerk of the City, Georgia. C. All other writings concerning the Comprehensive Land Use Plan are for guidance and informational purposes only, and are not a part of this UDO. 1-5

10 ARTICLE 1. GENERAL PROVISIONS Sec Comprehensive Land Use Plan Interpretation of Land Use District Boundaries Interpretation of Land Use District Boundaries Where uncertainty exists as to the boundaries of any of the land use districts shown on the Comprehensive Land Use Plan, the rules set forth in Sec apply Relationship Between Land Use Categories and Zoning Districts The land use categories established by the Comprehensive Land Use Plan may be implemented by the establishment of appropriate zoning districts within each category. The zoning districts that are permitted within each land use category are restricted to the following: RL-Low Density Residential R-85 Single-Family Residential District R-60 Single-Family Residential District R-50 Single-Family Residential District RM-Medium Density Residential RS-17 RM-18 RM-22 RM-43 Single-Family Residential District Multiple-Family Residential District Multiple-Family Residential District Multiple-Family Residential District I-Institutional I Institutional District C-Commercial and High-Density Residential PO Professional Office District NMU Neighborhood Mixed Use District C-1 Local Commercial District C-2 General Commercial District C-3 Heavy Commercial District MU Mixed-Use District 1-6

11 ARTICLE 2. RULES OF INTERPRETATION Article 2. Rules of Interpretation Sec Rules Applicable to All Districts Conformity to District Requirements Density Amenity Space Lot Coverage Yards Height First Floor Elevation Transparency Blank Wall Area Pedestrian Access Sec Building Types Descriptions Building Types Allowed by District Rules Specific to Building Types

12 ARTICLE 2. RULES OF INTERPRETATION Sec Rules Applicable to All Districts Conformity to District Requirements Sec Rules Applicable to All Districts Conformity to District Requirements A. Every building erected, converted, enlarged, reconstructed, moved or structurally altered shall be located on a lot except as approved by the City Commission under Sec In no case shall more than one principal building be located on a lot except as otherwise provided for in this UDO. B. The minimum yards, parking spaces and open spaces required by this UDO for each building existing at the time of passage of this UDO, or for any building erected or structurally altered after the passage of this UDO, shall not be encroached upon or considered as part of the yard or parking space or open space required for any other structure, nor shall any lot area be reduced below the minimum lot area for the district in which the lot is located. C. No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered except in conformity with the lot area, floor area, and building height regulations of the district in which the building is located Density A. Net Site Area 1. Net site area is determined by subtracting publicly-dedicated land, from the gross site area. 2. Land area set aside for common open space or recreational use is included in net site area for the purpose of determining the maximum number of dwelling units. Poor drainage areas or other areas of rough terrain as to constitute land which is economically unbuildable may be counted as common open space but may not be counted as space for active recreational areas. B. Dwelling Units Allowed 1. The maximum number of dwelling units allowed on a site is calculated by multiplying the net site area by the maximum number of units per acre allowed in the district. 2. Minimum lot sizes may appear to allow additional units to be developed on a site; however, the district s allowed density serves as the cap on the maximum number of units on a site Amenity Space A. Amenity space is common area and may not be designated for the use of any specific tenant or group of tenants. The space may be restricted to use by residents, tenants and their visitors only, or made available to the general public, at the applicant s discretion. B. Where required, amenity space must be met in one contiguous open area or in multiple open areas on the site; however, to receive credit, the area must be at least 10 feet in width and length, and at least 50% of the required amenity space must be located in one contiguous open area. C. Amenity space must remain unenclosed on all sides, but up to 50% of the total provided amenity space may be covered. D. Amenity space may be located at or above grade. E. In calculating the required amenity space, the following listed facilities, and any similar facilities, may be included: 1. Ground-level facilities such as a swimming pool, playground, sport court, dog park, garden, community, garden, park, green, pavilion, outdoor dining, seating area or plaza. 2. Upper-level facilities such as a shared or common balcony, rooftop deck or rooftop garden. 2-2

13 Sec Rules Applicable to All Districts ARTICLE 2. RULES OF INTERPRETATION Lot Coverage Lot Coverage A. Where a lot of record in R-50 or R-60 at the time of the effective date of this UDO had less than the required minimum lot area, the maximum lot coverage is as follows: Less than 3,000 SF 69% max 3,000 SF to 3,499 SF 67% max 3,500 SF to 3,999 SF 65% max 4,000 SF to 4,499 SF 63% max 4,500 SF to 4,999 SF 60% max 5,000 to 5,499 SF 58% max 5,500 to 5,999 SF 56% max 6,000 to 6,499 SF 54% max 6,500 to 6,999 SF 52% max 7,000 to 7,499 SF 50% max 7,500 to 7,999 SF 47% max 8,000 to 8,499 SF 45% max 8,500 to 8,999 SF 43% max 9,000 SF or more 40% max The lot coverage of properties developed with existing single-family dwellings where the existing lot coverage exceeds the maximum lot coverage permitted may be modified as long as the proposed lot coverage does not exceed the existing lot coverage Yards A. General Yard Standards 1. Every part of a required yard shall be open to the sky and unobstructed except for the ordinary projections of sills, belt courses, cornices, eaves, chimneys, buttresses and other ornamental and architectural features; provided, however, that such features do not project more than 1½ feet into any required yard. 2. A deck or patio may project into a required side yard to a point not closer than 5 feet from any side lot line. 3. Parking is allowed in the side yard or rear yard, except where further restricted by the district regulations of this UDO. 4. More than one walk up flat, stacked flat, single-story shopfront, mixed use shopfront, general building or civic building may be located upon a lot or tract.in a residential district, no required yard except the rear yard shall be used for the location of a private swimming pool, and no mechanical appurtenance or pool shall be within 10 feet of any lot line. 5. For a property with an existing single-family dwelling which does not meet the present minimum side yard requirement, the Zoning Administrator is authorized to allow the enlargement or extension of the dwelling under the following conditions: a. The enlargement or extension does not encroach in the side yard to any greater degree than the existing dwelling. b. The enlargement or extension does not encroach into any required front or rear yard. c. There is a minimum distance of 10 feet between the dwelling and the principal building on the adjacent property. d. The project is not determined to be a demolition or substantial improvement. Enlargements or extensions of dwellings that are defined as substantial improvements must be extended in conformity with the development standards in the applicable zoning district. 6. Where a lot of record in an R-60 zoning district at the time of the effective date of this UDO had less than the required minimum lot width, 2-3

14 ARTICLE 2. RULES OF INTERPRETATION Sec Rules Applicable to All Districts Yards one of the minimum required side yards may be reduced by 1 /2 foot for each foot that the lot width is less than 60 feet, under the following conditions: a. There is a minimum distance of 10 feet between the dwelling and the principal building on the property adjacent to the reduced side yard. b. No side yard may be reduced below a minimum of 5 feet. B. Front Yard Standards 1. Average Front Yard a. Where 40% or more of the frontage on the same side of a street between two intersecting streets is developed with buildings that have (with a variation of 5 feet or less) a front yard greater or lesser in depth than required, new buildings shall not be erected closer to the street than the average front yard established by the existing buildings. Property Line ii. Where a building is to be erected on a parcel of land that is within 100 feet of an existing building on one side only, the building may be erected as close to the street as the existing adjacent building. Property Line < 100 < 100 Front Yard Line Property Line < 100 > 100 Front Yard Line 2. Double Frontage Lots Double frontage lots shall provide the required front yard on both streets. 3. Signs Avg. Front Yard Line b. Where 40% or more of the frontage on one side of a street between two intersecting streets is developed that do not have a front yard as described above, then: i. Where a building is to be erected on a parcel of land that is within 100 feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two closest front corners of the adjacent buildings; or Permitted signs may extend into a front yard or the required yard abutting a side street not to exceed 18 inches. C. Front Yard Reduction The Zoning Administrator is authorized to allow a reduction in the minimum front yard requirement for the main dwelling under the following conditions: 1. Where there is an existing dwelling with a covered entryway. a. The existing covered entryway does not meet the present minimum front yard requirement. 2-4

15 Sec Rules Applicable to All Districts ARTICLE 2. RULES OF INTERPRETATION Height b. The proposed renovation or repair will maintain the existing front yard setback or will result in a reduction of the front yard of 2 feet or less. c. The proposed renovation or repair will not result in a change to the elevation of the front door or the finished floor of the stoop, porch or first floor. d. The project is not determined to be a demolition or substantial improvement. Enlargements or extensions of dwellings that are defined as substantial improvements must be extended in conformity with the development standards in the applicable zoning district. 2. Where there is an existing dwelling without a covered entryway. a. The existing dwelling may or may not meet the present minimum front yard requirement. b. The proposed renovation will include new covered entryway that will not extend beyond the existing stoop, deck or stairs. c. The proposed renovation or repair will not result in a change to the elevation of the front door or the finished floor of the stoop, porch or first floor. d. The project is not determined to be a demolition or substantial improvement. Enlargements or extensions of dwellings that are defined as substantial improvements must be extended in conformity with the development standards in the applicable zoning district. D. Rear Yard Standards 1. Where a lot abuts upon an alley, 1 /2 the alley width may be considered as part of the required rear yard. 2. An unenclosed balcony, porch steps or fire escape may project into a rear yard for a distance not exceeding 10 feet. 3. Accessory buildings and structures shall be located in a rear yard, and shall not occupy more than 30% of the required rear yard. 4. Accessory buildings and structures shall not be nearer than 3 feet to any side or rear lot line, except that when a garage is entered from an alley, it shall not be located closer than 5 feet to the alley line. 5. No 2-story accessory building shall be located closer than 10 feet to any side or rear lot line. No 2-story building shall be located closer than 10 feet to an alley. 6. On corner lots, accessory buildings shall not be located closer to the side street right-of-way line than the principal building or closer to the rear lot line than the side setback requirements for the principal building located on adjoining lots with side yards contiguous to the rear lot line. 7. When an accessory building is attached to the principal building by breezeway, passageway or similar means, it shall comply with the yard requirements of the principal building. 8. Satellite dish antennas are permitted as accessory structures in residential districts, provided that they must be installed in a rear yard and not less than 10 feet from any property line, may be at a height no higher than the roof line and may be no greater than 12 feet in diameter Height A. No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered to exceed the height limit established for the district in which the building is located. Height is measured as the vertical distance from the mean finished ground 2-5

16 ARTICLE 2. RULES OF INTERPRETATION Sec Rules Applicable to All Districts First Floor Elevation level at the front of the building to the highest point of a roof. d. The impact that the proposed building will have on established property values and on the health, safety, comfort and general welfare of the residents of the City. Height Height 4. Where a lot of record in an R-60 zoning district at the time of the effective date of this UDO had less than the required minimum lot width, the Mean Finished Ground B. Special exceptions to height limits are provided below. 1. The height limitations of this UDO do not apply to spires, belfries, cupolas and domes not intended for human occupancy, monuments, water towers, observation towers, transmission towers, chimneys, smokestacks, elevator or stair towers, parapets under 4 feet in height, flagpoles, radio towers, television towers, masts and aerials. 2. The limitation on number of stories shall not apply to buildings used exclusively for storage purposes, provided such buildings do not exceed the height in feet permitted in the district in which located. 3. Special exceptions to the height requirements may be approved after consideration of the following standards: a. The uses and heights of adjacent or nearby buildings. b. The impact that the proposed building will have on the light, air, and shading of adjacent and nearby properties. c. The impact that the proposed building will have on the public safety, traffic on the public streets, transportation facilities, utilities, and other public services. maximum building height shall be reduced by 1 /2 foot for each foot that the lot width is less than 60 feet First Floor Elevation The finished floor elevation of the first floor of detached house, cottage court, duplex and attached house shall be determined as follows: A. Where an existing dwelling is to be demolished and replaced with a new dwelling, the finished floor elevation of the first floor of the proposed dwelling may be no more than 2 feet above the finished floor elevation of the first floor of the dwelling to be demolished. B. The elevation of the mean ground level at the front of the proposed dwelling may be raised no more than 2 feet above the elevation of the existing mean ground level at the front of the building prior to construction. C. Where a new dwelling is to be built on a previously undeveloped lot that is within 100 feet of existing dwellings on both sides, the finished floor elevation of the first floor of the new dwelling shall be no higher than one of the following standards: 1. Three feet above the existing elevation of the mean ground level at the front building setback line; or 2. The average finished floor elevation of the first floors of the existing dwellings on either side of the undeveloped lot. D. Where a new dwelling is to be built on a previously undeveloped lot that is not within 100 feet of 2-6

17 Sec Rules Applicable to All Districts ARTICLE 2. RULES OF INTERPRETATION Transparency existing dwellings on both sides, the finished floor elevation of the first floor of the new dwelling may be no more than 3 feet above the existing elevation of the mean ground level at the front building setback line. columns, pilasters or other articulation greater than 12 inches in depth; or a substantial material change (paint color is not considered a substantial change). E. Elevations required under this section shall be certified by a land surveyor or professional engineer licensed to practice in the State of Georgia. No regrading or filling of vacant lots shall be allowed without certification of required elevations. Blank Wall Blank Wall Blank Wall Transparency A. Transparency is the minimum percentage of windows and doors that must cover a ground or upper story facade. B. Transparency applies to primary and side streetfacing facades only. C. Glass is considered transparent where it has a transparency higher than 80% and external reflectance of less than 15%. D. Ground story transparency is measured between 2 and 12 feet above the abutting sidewalk. Blank wall area applies in both a vertical and horizontal direction. Blank wall area applies to ground and upper story primary and side street-facing facades only Pedestrian Access Where pedestrian access is required by this Article for multifamily, commercial and civic uses, it includes an ADA-compliant pedestrian walkway connection with a minimum width of 5 feet connecting the pedestrian access to the public sidewalks and other building entrances. E. Upper story transparency is measured from top of the finished floor to the top of the finished floor above. When there is no floor above, upper story transparency is measured from the top of the finished floor to the top of the wall plate. Wall Plate Upper Story Transparency Finished Floor Ground Story Transparency Finished Floor Blank Wall Area Blank wall area means a portion of the exterior facade of the building that does not include: windows or doors; 2-7

18 ARTICLE 2. RULES OF INTERPRETATION Sec Building Types Descriptions Sec Building Types The section provides standards for a variety of building types. Building types provide many key dimensional standards for each zoning district. Building types are applied to help reinforce the existing character and scale of the City. Note that these building types are for zoning purposes only, and not linked to the Building Code Descriptions Each building type is described below. A. Detached House A building type designed to accommodate one dwelling unit on an individual lot with yards on all sides. B. Carriage House A building type designed to accommodate a small self-contained accessory dwelling unit located on the same lot as a principal structure, but physically separated. C. Cottage Court A building type designed to accommodate 5 to 9 detached dwelling units organized around a shared internal courtyard. Units cannot be vertically mixed. D. Duplex A building type designed to accommodate two dwelling units that share a common wall on a single individual lot. 2-8

19 Sec Building Types ARTICLE 2. RULES OF INTERPRETATION Descriptions E. Attached House A building type that accommodates two dwelling units that share a common wall along the lot line between two lots. F. Townhouse A building type designed to accommodate 3 to 6 dwelling units where each unit is separated by a common side wall. Units cannot be vertically mixed. G. Walk Up Flat (3-6 units) A building type designed to accommodate 3 to 6 dwelling units vertically and horizontally integrated. H. Stacked Flat (7+ units) A building type designed to accommodate 7 or more dwelling units vertically and horizontally integrated. 2-9

20 ARTICLE 2. RULES OF INTERPRETATION Sec Building Types Descriptions I. Single-Story Shopfront A single-story building type designed to accommodate retail or commercial activity. J. Mixed Use Shopfront A multi-story building type designed to accommodate ground floor retail, office or commercial uses with upper-story residential or office uses. K. General Building A building type designed to accommodate commercial, office or industrial activity. Not intended for retail sales or personal service uses. L. Civic Building A building type designed to accommodate civic, institutional or public uses. 2-10

21 Sec Building Types ARTICLE 2. RULES OF INTERPRETATION Building Types Allowed by District Building Types Allowed by District R-85 R-60 R-50 RS-17 RM-18RM-22RM-43 PO NMU C-1 C-2 C-3 MU I Residential Buildings Detached House n/a n/a Carriage House n/a n/a Cottage Court n/a n/a Duplex n/a n/a Attached House n/a n/a Townhouse n/a n/a Walk Up Flat (3-6 units) n/a n/a Stacked Flat (7+ units) n/a n/a Key: = Building type allowed -- = Building type not allowed 2-11

22 ARTICLE 2. RULES OF INTERPRETATION Sec Building Types Building Types Allowed by District Commercial/Mixed Use Buildings Single-story Shopfront R-85 R-60 R-50 RS-17 RM-18RM-22RM-43 PO NMU C-1 C-2 C-3 MU I n/a n/a Mixed Use Shopfront n/a n/a General Building n/a n/a Public Buildings Civic Building n/a n/a Key: = Building type allowed -- = Building type not allowed 2-12

23 Sec Building Types ARTICLE 2. RULES OF INTERPRETATION Rules Specific to Building Types Rules Specific to Building Types A. Detached House A building type designed to accommodate one dwelling unit on an individual lot with yards on all sides. B. Carriage House A building type designed to accommodate a small self-contained accessory dwelling unit located on the same lot as a principal structure, but physically separated. Primary Street B A Side Street Primary Street Side Street Lot Lot Detached house units per lot 1 max Carriage house units per lot 1 max Height Ground floor elevation See Sec A Pedestrian Access Entrance facing primary street Required B Size Floor area Bedrooms 800 SF max unit; 1,000 SF max with garage 2 max 2-13

24 ARTICLE 2. RULES OF INTERPRETATION Sec Building Types Rules Specific to Building Types C. Cottage Court A building type designed to accommodate 5 to 9 detached dwelling units organized around a shared internal courtyard. Units cannot be vertically mixed. D. Duplex A building type designed to accommodate two dwelling units that share a common wall on an individual lot. A C A Primary Street B G F E D Side Street Primary Street B A Side Street Site Site width/depth 150' min A Lot Duplex units per lot 2 max Cottage Court units per site Size Floor area per unit 5 min / 9 max 1,800 SF max Courtyard Area 3,000 SF min B Height Ground floor elevation See Sec A Pedestrian Access Entrance facing primary street Required B Width 40' min C Courtyard cannot be parked or driven upon, except for emergency access and permitted temporary events Height Principal building 1.5 stories / 24' max Wall plate 18' max E Ground floor elevation See Sec F D Pedestrian Access Entrance facing primary street Required for units facing street G 2-14

25 Sec Building Types ARTICLE 2. RULES OF INTERPRETATION Rules Specific to Building Types E. Attached House A building type that accommodates two dwelling units that share a common wall along the lot line between two lots. F. Townhouse A building type designed to accommodate 3 to 6 dwelling units where each unit is separated by a common side wall. Units cannot be vertically mixed. F E G A Primary Street C B Side Street B A Primary Street H D C Side Street Site/Lot Site width 50 min A Dwelling units per site Attached house units per lot 2 min 1 max Height Ground floor elevation See Sec B Pedestrian Access Entrance facing primary street Required for each street-facing unit C Site/Lot Site width 50 min A Townhouse units per site 3 min Number of units in a row 6 max B Height Ground story height 10 min C Ground floor elevation 2 min / 4 max D Transparency Ground story 20% min E Upper story 20% min F Blank wall area 30 max G Pedestrian Access Entrance facing primary street Required for each street-facing unit H Parking Location No on-site parking is allowed between the building and the street 2-15

26 ARTICLE 2. RULES OF INTERPRETATION Sec Building Types Rules Specific to Building Types G. Walk Up Flat (3-6 units) A building type designed to accommodate 3 to 6 dwelling units vertically and horizontally integrated. H. Stacked Flat (7+ units) A building type designed to accommodate 7 or more dwelling units vertically and horizontally integrated. D C E E D F F A G Primary Street B Side Street A Primary Street C B Side Street Lot Lot Walk Up Flat units per building 3 min / 6 max Stacked Flat units per building 7 min Height Ground story height 10 min A Ground floor elevation 2 min / 4 max B Transparency Ground story 20% min C Upper story 20% min D Blank wall area 30 max E Pedestrian Access Entrance facing primary street Required F Parking Location No on-site parking is allowed between the building and the street Street-facing facade length 200 max A Height Ground story height (floor to ceiling) 9 min B Ground floor elevation 2 min / 4 max C Transparency Ground story 20% min D Upper story 20% min E Blank wall area 30 max F Pedestrian Access Entrance facing primary street Required for each ground floor street-facing unit G Parking Location No on-site parking is allowed between the building and the street 2-16

27 Sec Building Types ARTICLE 2. RULES OF INTERPRETATION Rules Specific to Building Types I. Single-Story Shopfront A single-story building type designed to accommodate retail or commercial activity. J. Mixed Use Shopfront A multi-story building type designed to accommodate ground floor retail, office or commercial uses with upper-story residential or office uses. E F E D F G A Primary Street D C B Side Street A Primary Street G C B Side Street Lot Street-facing facade length 200 max A Lot Street-facing facade length 200 max A Height Building height 1 story max B Size Floor area per residential unit 550 SF min Ground story height (floor to ceiling) 14 min C Ground floor elevation 0 min / 2 max D Transparency Ground story: primary/side street Blank wall area: primary/side street Pedestrian Access Entrance facing primary street 60% / 30% min E 30 / 50 max F Required every 75 Parking Location No on-site parking is allowed between the building and the street G Height Ground story height (floor to ceiling) 14 min B Ground floor elevation 0 min / 2 max C Transparency Ground story: primary/side street 60% / 30% min D Upper story 20% min E Blank wall area: primary/side street Pedestrian Access Entrance facing primary street 30 / 50 max F Required every 75 Parking Location No on-site parking is allowed between the building and the street G 2-17

28 ARTICLE 2. RULES OF INTERPRETATION Sec Building Types Rules Specific to Building Types K. General Building A building type designed to accommodate commercial, office or industrial activity. Not intended for retail sales or personal service uses. L. Civic Building A building type designed to accommodate civic, institutional or public uses. E D F B A A Primary Street G C Side Street Primary Street Side Street Lot Street-facing facade length 200 max A Lot Dwelling units per building n/a Height Ground story height (floor to ceiling) 11 min B Ground floor elevation 0 min / 2 max C Transparency Ground story: primary/side street 40% / 20% min D Upper story 20% min E Blank wall area: primary/side street Pedestrian Access Entrance facing primary street 40 / 60 max F Required every 125 Parking Location No on-site parking is allowed between the building and the street G Pedestrian Access Entrance facing primary street Required A Use Only the following uses are allowed in a civic building type (see Sec. 6.2.): 1. College, university, seminary; 2. Library, museum, public; 3. Office, governmental, civic or charitable organization; 4. Place of worship; 5. Police, fire or EMS station; 6. Post office; and 7. School, private or private (K-12). 2-18

29 ARTICLE 3. RESIDENTIAL DISTRICTS Article 3. Residential Districts Sec R-85 Single-Family Residential District Purpose Building Types Allowed Lot Dimensions Building Placement Bulk and Mass Sec R-60 Single-Family Residential District Purpose Building Types Allowed Lot Dimensions Building Placement Bulk and Mass Sec R-50 Single Family Residential District Purpose Building Types Allowed Lot Dimensions Building Placement Bulk and Mass Sec RS-17 Single-Family Residential District Purpose Building Types Allowed Lot Dimensions Building Placement Bulk and Mass Supplementary Regulations Sec RM-18 Multiple-Family Residential District Purpose Building Types Allowed Lot Dimensions Building Placement Bulk and Mass Sec RM-22 Multiple-Family Residential District Purpose Building Types Allowed Lot Dimensions Building Placement Bulk and Mass

30 ARTICLE 3. RESIDENTIAL DISTRICTS Sec RM-43 Multiple-Family Residential District Purpose Building Types Allowed Lot Dimensions Building Placement Bulk and Mass Sec Conservation Subdivision (R-85, R-60) Description Purpose General Regulations Application Requirements Open Space

31 ARTICLE 3. RESIDENTIAL DISTRICTS 3-3

32 ARTICLE 3. RESIDENTIAL DISTRICTS Sec R-85 Single-Family Residential District Purpose Sec R-85 Single-Family Residential District Purpose Lot Dimensions A C D D B Primary Street Side Street The purpose of this district is to provide for single-family residential development with a minimum lot size of 15,000 square feet. with such public buildings, schools, places of worship, public recreational facilities and accessory uses as may be necessary or are normally compatible with residential surroundings. The district is located to protect existing developments of this character Building Types Allowed Lot A Area B Width C Depth Detached house 15,000 SF min 85' min 150 min Carriage house Civic building Same as principal structure 15,000 SF min 85 min 150 min Lot Coverage D Detached house lot 40% max D Civic building lot 50% max Detached House Carriage House Civic Building see also Sec A. see also Sec B. see also Sec L. 3-4

33 A Sec R-85 Single-Family Residential District ARTICLE 3. RESIDENTIAL DISTRICTS Building Placement Building Placement Bulk and Mass G E E F C E D D B A C B Primary Street Side Street Primary Street Side Street Principal Building Setbacks 50' min or Avg. front Primary street yard (Sec B.1.) Side street 25' min B Side interior 15' min C Rear 40' min D Accessory Structure Setbacks Location Rear yard only Side street Side interior: 1 story / 2 story 20' min A 3' min / 10 min E Rear: 1 story / 2 story 3 min / 10 min F Building Height Principal building 2 stories / 35' max A 1 story accessory structure 16 max B 2 story accessory structure 25 max C Wall Plate Height (accessory structure only) 1 story: pitched roof 10 max D 1 story: flat roof 12 max D 2 story: pitched roof 16 max E 2 story: flat roof 18 max E Building Mass Floor area ratio (FAR).40 max Rear yard: coverage 30% max G Floor area (including carriage house) 1,000 SF max 3-5

34 ARTICLE 3. RESIDENTIAL DISTRICTS Sec R-60 Single-Family Residential District Purpose Sec R-60 Single-Family Residential District Purpose Lot Dimensions A D C D Primary Street B Side Street The purpose of this district is to provide for single-family residential development with a minimum lot size of 9,000 square feet with such public buildings, schools, places of worship, public recreational facilities and accessory uses as may be necessary or are normally compatible with such surroundings. The district is located to protect existing developments of this character Building Types Allowed Detached House see also Sec A. Carriage House see also Sec B. Lot A Area B Width C Depth Detached house 9,000 SF min 60' min 120 min Carriage house Same as principal structure Civic building 9,000 SF min 60 min 120 min Lot Coverage D Detached house lot: Lot less than 9,000 SF see Sec Lot 9,000 SF or more 40% max/lot D Civic building lot 50% max/lot Civic Building see also Sec L. 3-6

35 Sec R-60 Single-Family Residential District ARTICLE 3. RESIDENTIAL DISTRICTS Building Placement Building Placement Bulk and Mass G C E E F Primary Street E C B A D Side Street Primary Street A D B Side Street Principal Building Setbacks 30' min or Avg. front Primary street yard (Sec B.1.) Side street 10 min B Side interior 10 min C Lot less than 60 in width Lot 60 or more in width see Sec A min Rear 30' min D Accessory Structure Setbacks Location Rear yard only Side street Side interior: 1 story / 2 story match main dwelling A 3' min / 10 min E Rear: 1 story / 2 story 3 min / 10 min F Rear yard: coverage 30% max G Floor area (including carriage house) 1,000 SF max Building Height Principal building: A Lot less than 9,000 SF see Sec B.4 Lot 9,000 SF or more 2 stories / 35 max 1 story accessory structure 16 max B 2 story accessory structure 25 max C Wall Plate Height (accessory structure only) 1 story: pitched roof 10 max D 1 story: flat roof 12 max D 2 story: pitched roof 16 max E 2 story: flat roof 18 max E Building Mass Floor area ratio (FAR).40 max 3-7

36 ARTICLE 3. RESIDENTIAL DISTRICTS Sec R-50 Single Family Residential District Purpose Sec R-50 Single Family Residential District Purpose Lot Dimensions A C D D Primary Street B Side Street The purpose of this district is to provide for newly developed single-family residential development with a minimum lot size of 5,000 square feet with such public buildings, schools, places of worship, public recreational facilities and accessory uses as may be necessary or are normally compatible with such surroundings. The district is located to protect existing developments of this character Building Types Allowed Lot A Area B Width C Depth Detached house 5,000 SF min 50' min 100 min Carriage house Same as principal structure Civic building 5,000 SF min 50 min 100 min Lot Coverage D Detached house lot Less than 5,000 SF see Sec ,000 to 5,499 SF 58% max/lot Detached House Carriage House Civic Building see also Sec A. see also Sec B. see also Sec L. 5,500 to 5,999 SF 56% max/lot 6,000 to 6,499 SF 54% max/lot 6,500 to 6,999 SF 52% max/lot 7,000 to 7,499 SF 50% max/lot 7,500 to 7,999 SF 47% max/lot 8,000 to 8,499 SF 45% max/lot 8,500 to 8,999 SF 43% max/lot 9,000 SF or more 40% max/lot D Civic building lot 50% max/lot 3-8

37 F Sec R-50 Single Family Residential District ARTICLE 3. RESIDENTIAL DISTRICTS Building Placement Building Placement Bulk and Mass G E Primary Street E C B A D Side Street Primary Street A C B Side Street Principal Building Setbacks 20' min or Avg. front Primary street yard (Sec B.1.) Side street 10' min B Side interior 5' min C Rear 20 min D Rear, abutting R-85, R-60 30' min D Accessory Structure Setbacks Location Rear yard only A Building Height Principal building 1.5 stories / 30' max A Accessory structure 16 max B Wall Plate Height (accessory structure only) Pitched roof 10 max C Flat roof 12 max C Building Mass Floor area ratio (FAR).40 max Side street 10' min Side interior 3' min E Rear 3 min F Rear yard: coverage 30% max G Floor area (including carriage house) 1,000 SF max 3-9

38 ARTICLE 3. RESIDENTIAL DISTRICTS Sec RS-17 Single-Family Residential District Purpose Sec RS-17 Single-Family Residential District Purpose Lot Dimensions C A E B Primary Street D E Side Street The purpose of this district is to provide for single-family residential development at a density not to exceed 17 units per acre Building Types Allowed Site Density, units per acre A Amenity space B Street frontage 17 u/a max 5% min 100 min Detached House Cottage Court Attached House Townhouse Civic Building see also Sec A. see also Sec C. see also Sec E. see also Sec F. see also Sec L. Lot C Area D Width Detached house 5,000 SF min 50 min Cottage court 1,500 SF min 20 min Attached house 2,500 SF min 25 min Townhouse 1,500 SF min 20 min Civic building 5,000 SF 50 min Lot Coverage E Developments 20,000 SF E Developments > 20,000 SF E Cottage court lot E Townhouse E Civic building lot 60% max/lot 75% max/lot 75% max/lot 60% max/site 50% max/lot 3-10

39 Sec RS-17 Single-Family Residential District ARTICLE 3. RESIDENTIAL DISTRICTS Building Placement Building Placement Bulk and Mass E F G Primary Street E C B A D Side Street Primary Street A B Side Street Principal Building Setbacks 5 min or Avg. front yard Primary street (Sec B.1.) Side street 5 min B Side interior Interior wall: 0 min Exterior wall: 3 min Rear 5 min D Rear, abutting R-85, R-60 A C 30' min D Building Height Principal building 3 stories / 40 max A 1 story accessory structure 16 max B 2 story accessory structure 25 max B Accessory Structure Setbacks Location Rear yard only Side street Level with principal bldg Side interior: 1 story 0 or 3 min E Side interior: 2 story 0 or 10 min E Rear: 1 story 3 min F Rear: 2 story 10 min F Rear/side: alley 5 or 20 min F Rear yard: coverage 30% max G Floor area (including carriage house) 1,000 SF max 3-11

40 ARTICLE 3. RESIDENTIAL DISTRICTS Sec RS-17 Single-Family Residential District Supplementary Regulations Supplementary Regulations A. Transitional Buffer Sites shall have a minimum rear yard of no less than 30 feet where the development adjoins an R-85, R-60 zoning district. No less than 15 feet of the required rear yard shall be preserved as a natural buffer. B. Off-Street Parking 1. No on-site parking is allowed between the principal building and the street. 2. Garage doors must face the side interior or rear lot line and must be accessed by an alley or driveway. C. Garbage and Trash Disposal Dumpsters must be provided for garbage and trash removal within at least 200 feet of every dwelling unit (measured from the front door along a pedestrian walkway or sidewalk). Dumpsters must be reviewed and approved by the UDO Administrator. D. Utilities and Maintenance Facilities Maintenance facilities, service facilities and public utilities shall be located to prevent visual nuisance within property lines. All utilities (gas, electric, water, sewer, CATV, fuel systems) shall be underground and other facilities shall be screened with plant or fence materials if the equipment is otherwise visible from the public right-of way. E. Post Office Common Mailbox Adequate provision for a location for delivery of US mail must be made on the site, subject to approval by the US Postal Service. F. Building Standards 1. Acoustics The acceptable standard for acoustics is 50 decibels, dba, for interior walls between dwelling units. 2. Fire Safety a. Attached houses and townhouses must provide two exits as remote from each other as possible. All exits shall provide continuous means of egress to the exterior which is accessible to a street or to a landscaped open space leading to a street. b. Walls separating attached houses or townhouses must be provided in accordance with Sec D.2.a. Exterior walls shall be masonry walls if the exterior wall is less than 10 feet from the overall site property lines. c. A separation of any existing building and new construction shall be with a masonry wall or a minimum distance of 10 feet of open space. d. Masonry walls shall be constructed to provide a minimum fire rating of two hours. No opening shall be permitted in masonry walls and such walls shall not be loadbearing, unless constructed of a 12-inch, 75% solid concrete block or the equivalent. e. One fire hydrant shall be located within 500 feet of any dwelling unit inside a development. Hydrants can be located on a public street or on a drive within the development. G. Front and Rear Yard Modifications Special exceptions to the front yard and rear yard requirement may be approved subject to such conditions as may be imposed in order to mitigate impacts which may be expected without the 3-12

41 Sec RS-17 Single-Family Residential District ARTICLE 3. RESIDENTIAL DISTRICTS Supplementary Regulations imposition of conditions. The following items shall be considered in determining whether the exception shall be approved: 1. The uses and rear yard setbacks of adjacent and nearby buildings. 2. The front-yard and/or rear-yard setbacks of adjacent and nearby buildings. 3. The impact that the proposed development will have on the light and air of adjacent and nearby properties. 4. The impact that the proposed development will have on the public safety, traffic on the public streets, transportation facilities, utilities and other public services. 5. The impact that the proposed development will have on established property values and on the health, safety, comfort and general welfare of the residents of the City. 3-13

42 ARTICLE 3. RESIDENTIAL DISTRICTS Sec RM-18 Multiple-Family Residential District Purpose Sec RM-18 Multiple-Family Residential District Purpose Lot Dimensions A C D D B Primary Street Side Street The purpose of this district is to maintain medium residential density (not over 18 families per acre) as appropriate for garden-type apartments, and at the same time permit a variety of housing types Building Types Allowed Detached House see also Sec A. Site Density, units per acre 18 u/a max Lot A Area B Width C Depth Detached house 7,200 SF min 60 min 120 min Carriage house Same as principal structure Duplex 9,000 SF min 70 min 120 min Carriage House Duplex Attached House Townhouse see also Sec B. see also Sec D. see also Sec E. see also Sec F. Attached House 7,200 SF min 60 min 120 min Townhouse 1,500 SF min 20 min 75 min Walk up flat 4,000 SF min 40 min 100 min Stacked flat 4,000 SF min 40 min 100 min Civic building 5,000 SF min 40 min 100 min Walk Up Flat see also Sec G. Lot Coverage Stacked Flat see also Sec H. D Detached house, carriage house, duplex or attached house lot 40% max/lot Civic Building see also Sec L. D Townhouse 40% max/site D Walk up flat or stacked flat lot 60% max/lot D Civic building lot 50% max/lot 3-14

43 Sec RM-18 Multiple-Family Residential District ARTICLE 3. RESIDENTIAL DISTRICTS Building Placement Building Placement Bulk and Mass B E G F C Primary Street B A D Side Street Primary Street A Side Street Principal Building Setbacks Primary street 30 min A Side street 25 min B Side interior Attached house, townhouse All other building types Interior wall: 0 min Exterior wall: 10 min 10 min Rear 30 min D Accessory Structure Setbacks Location Side street Side interior: 1 story / 2 story Rear yard only Level with principal building C 3 min / 10 min E Rear: 1 story / 2 story 3 min / 10 min F Rear/side: alley 5 or 20 min F Rear yard: coverage 30% max G Floor area (not including carriage house) 1,000 SF max Building Height Principal building 3 stories / 35 max (1) A 1 story accessory structure 16 max B 2 story accessory structure 25 max B (1) Special exceptions to the maximum building height may be approved (see Sec B.3.) Floor Area Ratio (FAR) Detached house, carriage house, duplex, attached house or townhouse lot Walk up flat, stacked flat or civic building lot.40 max n/a 3-15

44 ARTICLE 3. RESIDENTIAL DISTRICTS Sec RM-22 Multiple-Family Residential District Purpose Sec RM-22 Multiple-Family Residential District Purpose Lot Dimensions B D D C Primary Street A Side Street The purpose of this district is to provide for a variety of residential housing options at density not to exceed 22 units per acre with such public buildings, schools, places of worship, public recreational facilities and accessory uses as may be necessary or are normally compatible with residential surroundings Building Types Allowed Detached House see also Sec A. Carriage House see also Sec B. Cottage Court see also Sec C. Duplex see also Sec D. Site Density, units per acre 22 u/a max A Amenity space 5% min Lot B Area C Width Detached house 2,500 SF min 25 min Carriage house Same as principal structure Cottage Court 1,200 SF min 20 min Duplex 4,500 SF min 40 min Attached House 2,500 SF min 25 min Townhouse 800 SF min 16 min Walk up flat 4,000 SF min 40 min Attached House see also Sec E. Civic building 5,000 SF min 50 min Townhouse Walk Up Flat Civic Building see also Sec F. see also Sec G. see also Sec L. Lot Coverage D Cottage court lot D Townhouse D Civic building lot 75% max/lot 60% max/site 50% max/lot D All other lots 60% max/lot 3-16

45 Sec RM-22 Multiple-Family Residential District ARTICLE 3. RESIDENTIAL DISTRICTS Building Placement Building Placement Bulk and Mass E F C B Primary Street G A D Side Street Primary Street A B Side Street Principal Building Setbacks Primary street 5 min A Side street 5 min B Side interior 0 or 3 min C Rear 30 min D Building Height Principal building 3 stories / 40 max A 1 story accessory structure 16 max B 2 story accessory structure 25 max B Accessory Structure Setbacks Location Side street Rear yard only Level with principal building Side interior: 1 story 0 or 3 min E Side interior: 2 story 0 or 10 min E Rear: 1 story 3 min F Rear: 2 story 10 min F Rear/side: alley 5 or 20 min F Rear yard: coverage 30% max G Floor area (not including carriage house) 1,000 SF max 3-17

46 ARTICLE 3. RESIDENTIAL DISTRICTS Sec RM-43 Multiple-Family Residential District Purpose Sec RM-43 Multiple-Family Residential District Purpose Lot Dimensions A C D D B Primary Street Side Street The purpose of this district is to provide for highintensity residential use (maximum of 43 families per acre). The districts are so located as to encourage multistory (elevator) apartment development Building Types Allowed Site Density, units per acre 43 u/a max Lot A Area B Width C Depth Detached house 7,500 SF min 60 min 120 min Carriage house Same as principal structure Detached house Carriage house Duplex Attached House Townhouse see also Sec A. see also Sec B. see also Sec D. see also Sec E. see also Sec F. Duplex 9,000 SF min 70 min 120 min Attached House 7,500 SF min 60 min 120 min Townhouse 1,300 SF min 18 min 75 min Walk up flat 4,000 SF min 40 min 100 min Stacked flat 4,000 SF min 40 min 100 min Civic building 5,000 SF min 40 min 100 min Walk Up Flat Stacked Flat see also Sec G. see also Sec H. Lot Coverage Detached house, carriage house, D duplex or attached house lot 40% max/lot Civic Building see also Sec L. D Townhouse D Walk up flat or stacked flat lot 40% max/site 60% max/lot D Civic building lot 50% max/lot 3-18

47 Sec RM-43 Multiple-Family Residential District ARTICLE 3. RESIDENTIAL DISTRICTS Building Placement Building Placement Bulk and Mass E G F C Primary Street B A D Side Street Primary Street A Side Street Principal Building Setbacks Primary street 30 min A Side street 25 min B Side interior Attached house, townhouse All other building types Rear Interior wall: 0 min Exterior wall: 10 min + 2 for each story over 2 10 min + 2 for each story over 2 30 min + 2 for each story over 2 C D Building Height Principal building 45 max (1) A 1 story accessory structure 16 max 2 story accessory structure 25 max (1) Special exceptions to the maximum building height may be approved (see Sec B.3). Floor Area Ratio (FAR) Detached house, carriage house, duplex, attached house or townhouse lot Walk up flat, stacked flat or civic building lot.40 max n/a Accessory Structure Setbacks Location Rear yard only Side street Side interior: 1 story / 2 story Level with principal building 3 min / 10 min E Rear: 1 story / 2 story 3 min / 10 min F Rear/side: alley 5 or 20 min F Rear yard: coverage 30% max G Floor area (not including carriage house) 1,000 SF max 3-19

48 ARTICLE 3. RESIDENTIAL DISTRICTS Sec Conservation Subdivision (R-85, R-60) Description Sec Conservation Subdivision (R-85, R-60) Description This Section provides for conservation subdivisions in the R-85 and R-60 zoning districts Purpose A. To provide for the preservation of greenspace as a nonstructural stormwater runoff and watershed protection measure. B. To provide a residential zoning district that permits flexibility of design in order to promote environmentally sensitive and efficient uses of the land. C. To preserve in perpetuity unique or sensitive natural resources such as groundwater, floodplains, wetlands, streams, steep slopes, woodlands and wildlife habitat. D. To permit clustering of houses and structures on less environmentally sensitive soils which will reduce the amount of infrastructure, including paved surfaces and utility easements, necessary for residential development. E. To reduce erosion and sedimentation by minimizing land disturbance and removal of vegetation in residential development. F. To promote interconnected greenways and corridors throughout the community. G. To promote contiguous greenspace with adjacent jurisdictions. H. To encourage interaction in the community by clustering houses and orienting them closer to the street, providing public gathering places and encouraging use of parks and community facilities as focal points in the neighborhood. I. To encourage street designs that reduce traffic speeds and reliance on main arteries. J. To promote construction of convenient landscaped walking trails and bike paths both within the subdivision and connected to neighboring communities, businesses, and facilities to reduce reliance on automobiles. K. To conserve scenic views and reduce perceived density by maximizing the number of houses with direct access to and views of open space. L. To preserve important historic and archaeological sites General Regulations A. Applicability This conservation subdivision option is available in the R-85 and R-60 zoning districts. Applicants shall comply with all other provisions of the Unified Development Ordinance and all other applicable laws. Approval of a conservation subdivision is also subject to the requirements of Sec B. Ownership of Development Site The tract of land to be subdivided may be held in single and separate ownership or in multiple ownership. If held in multiple ownership, however, the site shall be developed according to a single plan with common authority and common responsibility. C. Housing Density Determination The maximum number of lots in the conservation subdivision shall be determined by either of the following two methods, at the discretion of the Zoning Administrator: 1. Calculation The maximum number of dwelling units allowed on a site is calculated by multiplying the net site area by the maximum number of units per acre 3-20

49 Sec Conservation Subdivision (R-85, R-60) ARTICLE 3. RESIDENTIAL DISTRICTS Application Requirements allowed in the district. Where a conservation subdivision is proposed, the net site area must be reduced to exclude all of the following areas: a. Slopes over 15% of at least 2,500 square feet contiguous area; b. The 100-year floodplain or regulatory floodplain, whichever is higher; c. Bodies of open water over 2,500 square feet contiguous area; d. Wetlands that meet the definition of the Army Corps of Engineers pursuant to the Clean Water Act; or, e. Anticipated right-of-way needs for roads and utilities. 2. Yield Plan The maximum number of lots is based on a conventional subdivision design plan, prepared by the applicant, in which the tract of land is subdivided in a manner intended to yield the highest number of lots possible. The proposed plan must be capable of being constructed given site features and all applicable regulations Application Requirements A. Site Analysis Map Required Concurrent with the submission of a site concept plan, the applicant shall prepare and submit a site analysis map. The purpose of the site analysis map is to ensure that the important site features have been adequately identified prior to the creation of the site design, and that the proposed open space will meet the requirements of this Section. The preliminary site plan shall included the following features: 1. Property boundaries; 2. All streams, rivers, lakes, wetlands and other hydrologic features; 3. Topographic contours of no less than 10-foot intervals; 4. All primary and secondary conservation areas labeled by type, as described in Sec ; 5. General vegetation characteristics; 6. General soil types; 7. The planned location of protected open space; 8. Existing roads and structures; and 9. Potential connections with existing greenspace and trails. B. Open Space Management Plan An open space management plan, as described in Sec E., shall be prepared and submitted prior to the issuance of a land disturbance permit. C. Instrument of Permanent Protection An instrument of permanent protection, such as a conservation easement or permanent restrictive covenant and as described in Sec F., shall be placed on the open space concurrent with the issuance of a land disturbance permit in a form acceptable to the UDO Administrator Open Space A. Definition 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. B. Standards to Determine Open Space 1. The minimum restricted open space shall comprise at least 40% of the gross tract area. 2. The following are considered primary conservation areas and are required to be included within the open space, unless the applicant 3-21

50 ARTICLE 3. RESIDENTIAL DISTRICTS Sec Conservation Subdivision (R-85, R-60) Open Space f. Existing trails that connect the tract to neighboring areas. 4. Above-ground utility rights-of-way and small areas of impervious surface may be included within the protected open space but cannot be counted towards the 40% minimum area requirement (exception: historic structures and documented existing trails may be counted). Large areas of impervious surface shall be excluded from the open space. 5. At least 75% of the open space shall be in a contiguous tract. The open space should adjoin any neighboring areas of open space, 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 shall be provided with safe, convenient access to the open space. C. Permitted Uses of Open Space Uses of open space may include the following: 1. Conservation of natural, archeological or historical resources; 2. Meadows, woodlands, wetlands, wildlife corridors, game preserves, or similar conservation-oriented areas; 3. Walking or bicycle trails, provided they are constructed of pervious materials in accordance with the applicable requirements of Article 9..; 4. Passive recreation areas; 5. Active recreation areas, provided that they are limited to no more than 10% of the total open space and are not located within primary conservation areas. Active recreation areas may include impervious surfaces provided such impervious areas comply with the applicable redemonstrates that this provision would constitute an unusual hardship and be counter to the purposes of this Section: a. The 100-year floodplain or the regulatory floodplain, whichever is higher, in accordance with Sec. 9.5., Floodplain Management/Flood Damage Prevention; b. Buffer zones of at least 75 feet width along all perennial and intermittent streams in accordance with Sec. 9.2., Stream Buffer Protection; c. Slopes above 15% of at least 2,500 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 drip line; d. Other significant natural features and scenic view sheds such as ridge lines, peaks and rock outcroppings, particularly those that can be seen from public roads; e. Prime agricultural lands of at least 5 acres contiguous area; and 3-22

51 Sec Conservation Subdivision (R-85, R-60) ARTICLE 3. RESIDENTIAL DISTRICTS Open Space quirements of Article 9. Active recreation areas in excess of this limit must be located outside of the protected open space; 6. 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; 7. Nonstructural stormwater management practices; 8. Easements for drainage, access, and underground utility lines; or 9. Other conservation-oriented uses compatible with the purposes of this article. D. Prohibited Uses of Open Space 1. Golf courses; 2. Roads, parking lots and impervious surfaces, except as specifically authorized in the previous sections; 3. Agricultural and forestry activities not conducted according to accepted best management practices; and 4. Other compatible activities as determined by the applicant and recorded on the legal instrument providing for permanent protection. E. Ownership and Management Ownership The applicant must identify the owner of the open space who is responsible for maintaining the open space and facilities located on the open space. If a homeowner s association is the owner, membership in the association shall be mandatory and automatic for all homeowner s of the subdivision and their successors. If a homeowner s association is the owner, the homeowner s association shall have lien authority to ensure the collection of dues from all members. The responsibility for maintaining the open space and any facilities shall be borne by the owner. 1. Management Plan Applicant shall submit a plan for management of open space and common facilities ( plan ) that: a. Allocates responsibility and guidelines for the maintenance and operation of the open space and any facilities located thereon, including provisions for ongoing maintenance and for long-term capital improvements; b. 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; c. Provides that any changes to the plan be approved by the City Commission after a public hearing by the Planning Commission; and, d. Provides for enforcement of the plan. 2. Responsibility a. In the event the party responsible for maintenance of the open space fails to maintain all or any portion in reasonable order and condition, the City may assume temporary responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance. b. The costs of maintenance shall 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. c. The costs shall become a lien on all subdivision properties. 3-23

52 ARTICLE 3. RESIDENTIAL DISTRICTS Sec Conservation Subdivision (R-85, R-60) Open Space d. The exercise by the City of its right to assume temporary maintenance responsibility to take corrective action shall not relieve the property owner of their maintenance responsibility or should it be construed as the City assuming permanent responsibility for such maintenance. 2. 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 Section, as well as any further restrictions compatible with the intent of this article the applicant chooses to place on the use of the open space. F. Legal Instrument for Permanent Protection 1. 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: a. A permanent conservation easement in favor of either: i. A land trust or similar conservation-oriented non-profit organization with legal authority to accept such easements. The organization shall be bona fide and in 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 ii. A governmental entity with an interest in pursuing goals compatible with the purposes of this Section. iii. 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. b. A permanent restrictive covenant for conservation purposes in favor of the City or other governmental entity if approved by the UDO Administrator; or c. An equivalent legal tool that provides permanent protection, if approved by the UDO Administrator. 3-24

53 ARTICLE 4. MIXED USE AND COMMERCIAL DISTRICTS Article 4. Mixed Use and Commercial Districts Sec PO Professional Office District Purpose Building Types Allowed Lot Dimensions Building Placement Bulk and Mass Supplementary Standards Sec NMU Neighborhood Mixed Use District Purpose Building Types Allowed Lot Dimensions Building Placement Bulk and Mass Sec C-1 Local Commercial District Purpose Building Types Allowed Lot Dimensions Building Placement Bulk and Mass Sec C-2 General Business District Purpose Lot Dimensions Building Placement Bulk and Mass Supplemental Standards Sec C-3 Heavy Commercial District Purpose Building Types Allowed Lot Dimensions Building Placement Bulk and Mass Supplemental Standards

54 ARTICLE 4. MIXED USE AND COMMERCIAL DISTRICTS Sec MU Mixed-Use District Purpose and Administration Subareas Established Development Standards Open Space Building Design Standards Site Design Standards Parking Design Standards Special Exceptions

55 ARTICLE 4. MIXED USE AND COMMERCIAL DISTRICTS 4-3

56 ARTICLE 4. MIXED USE AND COMMERCIAL DISTRICTS Sec PO Professional Office District Purpose Sec PO Professional Office District Purpose Lot Dimensions A D C D Primary Street B Side Street The purpose of this district is to provide for certain limited commercial developments and uses in transitional locations adjacent to existing commercial zoning districts. Uses and developments are limited to those which can provide a buffer between commercial districts and adjacent residential areas Building Types Allowed Detached House see also Sec A. Site Density, units per acre 18 u/a max Lot A Area B Width C Depth Detached house 7,200 SF min 60 min 120 min Carriage house Same as principal structure Duplex 9,000 SF min 70 min 120 min Attached House 7,200 SF min 60 min 120 min Townhouse 1,500 SF min 20 min 75 min Carriage House Duplex Attached House Townhouse Walk Up Flat Stacked Flat Civic Building see also Sec B. see also Sec D. see also Sec E. see also Sec F. see also Sec G. see also Sec H. see also Sec L. Walk up flat 4,000 SF min 40 min 100 min Stacked flat 4,000 SF min 40 min 100 min Civic building 5,000 SF min 40 min 100 min Lot Coverage Detached house, carriage house, duplex, attached house or townhouse D 40% max/lot lot D Walk up flat or stacked flat lot D Civic building lot 60% max/lot 50% max/lot 4-4

57 Sec PO Professional Office District ARTICLE 4. MIXED USE AND COMMERCIAL DISTRICTS Building Placement Building Placement Bulk and Mass G E F E C B A D A Primary Street Side Street Primary Street Side Street Principal Building Setbacks Primary street 15 min A Side street 15 min B Side interior 5 min C Attached house, townhouse All other building types Side interior: abutting residential district Interior wall: 0 min Exterior wall: 5 min 5 min 10 min C Rear 0 min D Rear: abutting residential district 30 min D Accessory Structure Setbacks Location Side street Rear yard only Level with principal building Side interior: 1 story / 2 story 3 min / 10 min E Rear: 1 story / 2 story 3 min / 10 min F Rear/side: alley 5 or 20 min F Rear yard: coverage 30% max G Floor area (not including carriage house) 1,000 SF max Building Height Principal building 3 stories / 35 max A 1 story accessory structure 16 max B 2 story accessory structure 25 max C Floor Area Ratio (FAR) Detached house, carriage house, duplex, attached house or townhouse lot Walk up flat, stacked flat or civic building lot Supplementary Standards A. Screening.40 max n/a When a conditional use abuts a lot in a residential district, there shall be provided for the entire distance along the abuttin g property lines a solid fence of at least 6 feet in height or a landscaped buffer of plant material that will provide a dense, solid screen of at least 6 feet in height within 3 years. B. Enclosure Every use shall be operated within the confines of a completely enclosed structure unless it is approved by the Zoning Administrator as an open use. 4-5

58 ARTICLE 4. MIXED USE AND COMMERCIAL DISTRICTS Sec NMU Neighborhood Mixed Use District Purpose Sec NMU Neighborhood Mixed Use District Purpose Lot Dimensions A Primary Street B C Side Street The purpose of this district is to provide for protection and control of development or redevelopment of primarily retail shopping and personal services uses, developed either as a unit or as individual parcels, to serve the commercial needs of a relatively small area, usually a residential neighborhood. Lot A Area B Width Single-story shopfront 5,000 SF min 50 min Mixed use shopfront 5,000 SF min 50 min General building 5,000 SF min 50 min Civic building 5,000 SF min 50 min Building Types Allowed Single-Story Shopfront see also Sec I. Coverage C Lot coverage 60% max Mixed Use Shopfront General Building Civic Building see also Sec J. see also Sec K. see also Sec L. 4-6

59 Sec NMU Neighborhood Mixed Use District ARTICLE 4. MIXED USE AND COMMERCIAL DISTRICTS Building Placement Building Placement Bulk and Mass G H G D B C A A Primary Street E F Side Street Primary Street Side Street Principal Building Setbacks Primary street build-to zone 0 min / 8 max A Side street build-to zone 0 min / 6 max B Side interior 0 or 3 min C Side interior: abutting residential district 10 min C Rear 0 or 3 min D Rear: abutting residential district 30 min D Build-To Building facade in primary street build-to zone (% of lot width) Building facade in side street build-to zone (% of lot width) 80% E 40% F Building Height Principal building 3 stories / 35 max A 1 story accessory structure 16 max 2 story accessory structure 25 max Building Size Maximum floor area per building Maximum floor area per use 10,000 SF max 2,000 SF max Accessory Structure Setbacks Behind principal Location building Side street Level with principal building Side interior: 1 story / 2 story 3 min / 10 min G Rear: 1 story / 2 story 3 min / 10 min H 4-7

60 ARTICLE 4. MIXED USE AND COMMERCIAL DISTRICTS Sec C-1 Local Commercial District Purpose Sec C-1 Local Commercial District Purpose Lot Dimensions A C B Primary Street Side Street The purpose of this district is to provide for protection and control of development or redevelopment of primarily retail shopping and personal services uses, developed either as a unit or as individual parcels to serve the commercial needs of a relatively small area, usually a residential neighborhood Building Types Allowed Townhouse see also Sec F. Walk Up Flat see also Sec G. Stacked Flat see also Sec H. Single-Story Shopfront see also Sec I. Mixed Use Shopfront see also Sec J. General Building see also Sec K. Lot A Area B Width Townhouse 800 SF min 16 min Walk up flat 4,000 SF min 40 min Stacked flat 4,000 SF min 40 min Single-story shopfront 5,000 SF min 50 min Mixed use shopfront 5,000 SF min 50 min General building 5,000 SF min 50 min Civic building 5,000 SF min 50 min Coverage C Townhouse lot, walk up flat lot 70% max C Stacked flat, single-story shopfront, mixed use shopfront, general building lot 90% max C Civic building lot 60% max Civic Building see also Sec L. 4-8

61 Sec C-1 Local Commercial District ARTICLE 4. MIXED USE AND COMMERCIAL DISTRICTS Building Placement Building Placement Bulk and Mass G H A C D B Primary Street Primary Street E F Side Street A Side Street Principal Building Setbacks Primary street build-to zone 0 min / 8 max A Side street build-to zone 0 min / 6 max B Side interior 0 or 3 min C Side interior: abutting residential district 10 min C Rear 0 or 3 min D Building Height Principal building 3 stories / 40 max (1) A Minimum building height 16 min B 1 story accessory structure 16 max 2 story accessory structure 25 max (1) Special exceptions to the maximum building height may be approved (see Sec B.3.) Rear: abutting residential district 30 min D Build-To Building facade in primary street build-to zone (% of lot width) Building facade in side street build-to zone (% of lot width) 80% min E 40% min F Accessory Structure Setbacks Behind principal Location building Side street Level with principal building Side interior: 1 story / 2 story 3 min / 10 min G Rear: 1 story / 2 story 3 min / 10 min H 4-9

62 ARTICLE 4. MIXED USE AND COMMERCIAL DISTRICTS Sec C-2 General Business District Purpose Sec C-2 General Business District Purpose Lot Dimensions A C B Primary Street Side Street The purpose of this district is to provide sufficient space for a wide variety of retail sales and service activities serving the entire City and embracing the present central business district. This district is currently built up with a general mixture of retail sales and service activities, government and civic uses. Building Types Allowed Townhouse see also Sec F. Walk Up Flat see also Sec G. Stacked Flat see also Sec H. Single-Story Shopfront see also Sec I. Lot A Area B Width Townhouse 800 SF min 16 min Walk up flat 4,000 SF min 40 min Stacked flat 4,000 SF min 40 min Single-story shopfront 5,000 SF min 50 min Mixed use shopfront 5,000 SF min 50 min General building 5,000 SF min 50 min Civic building 5,000 SF min 50 min Coverage C Townhouse lot, walk up flat lot 70% max Mixed Up Shopfront General Building Civic Building see also Sec J. see also Sec K. see also Sec L. C Stacked flat, single-story shopfront, mixed use shopfront, general building lot 90% max C Civic building lot 60% max 4-10

63 Sec C-2 General Business District ARTICLE 4. MIXED USE AND COMMERCIAL DISTRICTS Building Placement Building Placement Bulk and Mass G H C D A B A E Primary Street F Side Street Primary Street Side Street Principal Building Setbacks Primary street build-to zone 0 min / 8 max A Side street build-to zone 0 min / 6 max B Side interior 0 or 3 min C Side interior: abutting R-85, R-60, R min C Rear 0 or 3 min D Rear: R-85, R-60, R min D Building Height Principal building Townhouse, walk up flat 40 max (1) All other building types 80 max (1) 1 story accessory structure 16 max 2 story accessory structure 25 max (1) Special exceptions to the maximum building height may be approved (see Sec B.3.) A Build-To Building facade in primary street build-to zone (% of lot width) Building facade in side street build-to zone (% of lot width) 80% min E 40% min F Accessory Structure Setbacks Behind principal Location building Side street Level with principal building Side interior: 1 story / 2 story 3 min / 10 min G Rear: 1 story / 2 story 3 min / 10 min H 4-11

64 ARTICLE 4. MIXED USE AND COMMERCIAL DISTRICTS Sec C-2 General Business District Supplemental Standards Supplemental Standards A. Residential Compatibility 1. Buffer When C-2 abuts R-85, R-60 or R-50, the yard for the building or use in C-2 cannot be less than 30 feet. When a street separates a building or use in C-2 from an abutting R-85, R-60 or R-50, the street width measured from the R-85, R-60 or R-50 property line shall be considered as part of the required yard. When an alley separates a building or use in C-2 from an abutting R-85, R-60 or R-50 district, the 30 foot yard shall be measured from the commercial property line. The required yard between C-2 and R-85, R-60 or R-50 shall include a minimum 15 foot wide landscaped buffer with a mature, evergreen tree canopy with a 30 foot minimum height if there is no intervening street. 2. Height Plane Where a property in C-2 abuts a R-85, R-60 or R-50, no portion of any structure shall protrude through a height limiting plane beginning 35 feet above the boundary of any required yard and extending inward over the C-2 District at an angle of 45 degrees. 3. Additional Conditions The following conditions apply when abutting a R-85, R-60 or R-50 District: a. No continuous building facade facing residential shall exceed 250 feet in width without a plaza, green space or pocket park at the sidewalk measured from the face of the building with a minimum width and depth of 40 feet. c. Streetscapes facing R-60, R-85 or R-50 streets shall be a minimum of 15 feet in width including a minimum of a 5 foot sidewalk and a minimum 5 foot planting strip. d. Portions of the building that face residential uses shall be residential uses within the first vertical 35 feet and the first horizontal 25 feet of the building. e. Sufficient, designated visitor parking must be provided on site. 4. Adjoining Property Meetings When a proposed development, building or use is adjacent to a R-85, R-60 or R-50 Single Family Residential District line, the property owner and development team will be required to meet a minimum of one time with the adjoining property owners directly impacted by the project. The meeting shall occur prior to submitting for a building permit or meeting with the DDA. Conceptual site plans and conceptual elevations must be made public at least 2 weeks before the meeting. The City will provide facilitation services and criteria for the meeting based on the standards in Sec C. 5. Review by the DDA Each application for a high-density residential or mixed-use development within the jurisdiction of the DDA must be presented for review before the DDA. The DDA shall issue a resolution stating whether or not the application has met the standards in Sec C. Each application shall include a DDA resolution recommending approval or denial of the project as part of the application package prior to the issuance of a building permit. b. All buildings shall have vertical expression lines at 40 feet average (change in material or 4 inch depth change) to visually break up solid mass. 4-12

65 Sec C-2 General Business District ARTICLE 4. MIXED USE AND COMMERCIAL DISTRICTS Supplemental Standards 4-13

66 ARTICLE 4. MIXED USE AND COMMERCIAL DISTRICTS Sec C-3 Heavy Commercial District Purpose Sec C-3 Heavy Commercial District Purpose Lot Dimensions A C B Primary Street Side Street The purpose of this district is to provide for the control and development of commercial and light industrial uses. The regulations are also intended to protect nearby residential districts Building Types Allowed Walk Up Flat see also Sec G. Stacked Flat see also Sec H. Single-Story Shopfront see also Sec I. Mixed Use Shopfront see also Sec J. General Building see also Sec K. Civic Building see also Sec L. Lot A Area B Width Walk up flat 4,000 SF min 40 min Stacked flat 4,000 SF min 40 min Single-story shopfront 5,000 SF min 50 min Mixed use shopfront 5,000 SF min 50 min General building 5,000 SF min 50 min Civic building 5,000 SF min 50 min Coverage C Walk up flat lot 70% max C Stacked flat, single-story shopfront, mixed use shopfront, general building lot 90% max C Civic building lot 60% max 4-14

67 Sec C-3 Heavy Commercial District ARTICLE 4. MIXED USE AND COMMERCIAL DISTRICTS Building Placement Building Placement Bulk and Mass G H A C D B Primary Street Primary Street E F Side Street A Side Street Principal Building Setbacks Primary street 0 min A Side street 0 min B Side interior 0 or 3 min C Building Height Principal building 45 max (1) A 1 story accessory structure 16 max B 2 story accessory structure 25 max B Side interior: abutting R-85, R-60 or R-50 District 10 min C (1) Special exceptions to the maximum building height may be approved (see Sec B.3.) Rear 0 or 3 min D Rear: abutting R-85, R-60 or R-50 District 30 min D Accessory Structure Setbacks Behind principal Location building Side street Level with principal building Side interior: 1 story / 2 story 3 min / 10 min G Rear: 1 story / 2 story 3 min / 10 min H 4-15

68 ARTICLE 4. MIXED USE AND COMMERCIAL DISTRICTS Sec C-3 Heavy Commercial District Supplemental Standards Supplemental Standards A. Landscaping All front yards and any side yard abutting or facing a residential district shall be suitably landscaped. B. Residential District Fence or Buffer Strip When a use in this district abuts a lot located in a residential district, there shall be provided for the entire distance of the property line or lines a visually solid fence at least 8 feet high or an equivalent buffer strip. The buffer strip shall be planted with plant material of such growth characteristics as will provide a dense obscure planting screen not less than 8 feet in height. Such plant material shall be so maintained as to continue effectiveness as a planting screen. C. Fire Safety Hazards There shall be erected in this district only fire resistive buildings as defined in the building code of the City. D. Traffic Congestion and Traffic Noise Each use shall take such measures to prevent or lessen traffic congestion and the traffic noise generated by vehicles related to its operation as the Planning Commission may reasonably impose. Conditions imposed shall be designated to control the location, number and concentration of vehicles entering or leaving a specific use at the hours of peak traffic flow. 4-16

69 Sec MU Mixed-Use District ARTICLE 4. MIXED USE AND COMMERCIAL DISTRICTS Purpose and Administration Sec MU Mixed-Use District Purpose and Administration A. Purpose The purpose of the mixed-use district is to promote the redevelopment of existing single uses in commercial areas into vibrant and sustainable mixed-use communities combining residential, retail and office uses; to promote diversity in housing and commercial options; to create walkable, pedestrian-scaled environments that accommodate and encourage multiple modes of transportation; to provide opportunities to add a variety of open space amenities; to provide a framework for shared infrastructure; and to improve the quality of life by providing live, work, and play opportunities based on regulating master site plans developed for a specific area. B. Establishing a Mixed-Use District 1. No MU mixed-use district shall be established without the concurrent approval of a Regulating Master Site Plan by the City Commission following public review and recommendation by city staff and the Planning Commission. 2. The boundaries of each mixed-use district shall be as shown on the Zoning District Map and Comprehensive Land Use Plan and shall correspond with the adopted Regulating Master Site Plan. 3. Once adopted, a Regulating Master Site Plan may be modified only after a hearing by the Planning Commission and approval of the City Commission; provided that modifications which do not change the mix or intensity of approved uses, the location or height of buildings, or other significant site features (including, but not limited to, location of streets, drives, parking structures, public spaces) may be approved administratively by the Zoning Administrator. Alterations to the streets and open spaces delineated on a Regulating Plan may be authorized by the Zoning Administrator, upon a finding by the Zoning Administrator that: a. Such streets and open spaces are not inconsistent with the purpose and intent of the governing zoning district and the regulating plan; and b. Such streets and open spaces provide equal or improved circulation and open space opportunities. 4. This is the governing ordinance for all mixed-use districts, unless otherwise noted. Any subdivisions, lots consolidations, and replats in a mixed-use district shall conform to the adopted regulating plan for that area. 5. The minimum size for a mixed-use district is 5 acres. C. Application 1. For the purposes of this Section, where two or more properties, lots or parcels are located within the same block or where two or more properties, lots or parcels have frontage on the same side of the street and are adjoining and such properties, lots or parcels are under common ownership or control and/or are being developed in a single development operation or a series of coordinated development operations, such properties, lots or parcels shall be considered as a single property. 2. Prior to the issuance of any building permit, the Zoning Administrator shall certify in writing that the proposed development for which such building permit is sought is consistent with all applicable requirements of the district, including the approved Regulating Master Site plan. 4-17

70 ARTICLE 4. MIXED USE AND COMMERCIAL DISTRICTS Sec MU Mixed-Use District Purpose and Administration 3. Prior to the submittal of an application for a building permit, a pre-application conference between the applicant the Zoning Administrator is required to discuss the application and relevant requirements of these regulations. 4. Following the pre-application conference, a total of 5 copies of each site plan, landscape plan, and elevation drawing of each exterior building facade shall be submitted, as applicable, and reviewed for compliance by the Zoning Administrator. 5. All exterior demolition, new construction (including additions to existing buildings), expansions of outdoor dining or any construction which results in increased lot coverage or modification of the building footprint, shall be subject to said pre-application conference and submittal requirements. Routine repair and maintenance and interior improvements are not subject to the pre-application conference. D. Regulatory Plan 1. Summary A regulatory plan summarizes the maximum contemplated extent of development and gives a realistic indication of the mass, scale, and infrastructure for the district. It is the documented plan illustrating the location of required streets and open spaces to be provided to meet the minimum street and open space requirements t. The regulating plan must also identify the village subarea and transit station subarea as applicable. The regulatory plan is critical to ensuring that the intent and purpose of the district is implemented specifically as it relates to the provision of the street and open space network. Those streets and open spaces delineated on the regulatory plan shall not be interpreted as the only allowable streets and open spaces within the district as local streets, alleys and open spaces may also be provided in addition to those delineated on the plan. 2. Documentation All regulatory plans shall clearly delineate proposed streets and open spaces and corresponding dimensions and written descriptions for each element shall be provided. The regulatory plan shall be required for the pre-application conference and the official submittal of plans to the City. Documentation shall be provided as follows: a. Streets Street documentation shall include the corresponding street classification of each street, the dimensions of the street rightof-way, lane widths, curb-to-curb widths, sidewalk clear zone widths, landscape zone widths and block dimensions. b. Open Spaces Open space documentation shall include the total open space square footage calculation for each individual open space, the net square footage calculation of all open spaces and written description for each individual open space describing the type of each open space, the function of each open space and a general description of the predominant material or feature intended to be used for each open space (i.e. fountain, brick pavers, grass, shrubs, etc.). c. Front yards The front yard for each development site shall be indicated on the regulating plan. 3. Applicability Streets and open spaces delineated in the regulatory plan may be permitted to be utilized for meeting the requirements of the governing 4-18

71 Sec MU Mixed-Use District ARTICLE 4. MIXED USE AND COMMERCIAL DISTRICTS Subareas Established zoning district. In no case shall the regulatory plan be utilized to permit the noncompliance with the regulations of this district, unless a special exception has been approved by the City Commission. 4. Density Calculations Parcels shall be permitted to calculate all future development calculations utilizing existing pre-construction property lines, provided that property owners seeking to calculate said density in this manner shall provide at the time of submission of the required application a sealed property line survey showing all pre-construction and post-construction property lines so as to enable the City to accurately verify said density calculations Subareas Established To guide the appropriate formation of mixed-use districts, two subareas are hereby established. The intent of each subarea is as follows: A. Village Subarea Medium density residential and commercial uses intended to serve several adjacent neighborhoods. B. Transit Station Subarea Higher density commercial and residential uses adjacent to major transportation corridors and transit nodes intended to serve larger areas of the city and surrounding communities, and provide larger commercial uses with a significant employment concentration. C. Use Limitations by Subarea 1. Village Subarea An individual, stand-alone building containing a nonresidential use shall be prohibited from exceeding 8,000 square feet of floor area. An individual, stand-alone building with nonresidential uses that are attached to or include a residential use can exceed 8,000 square feet of floor area. 2. Transit Station Subarea Individual, stand-alone buildings containing a nonresidential use exceeding 20,000 square feet of floor area shall be separated from each other by a minimum distance of 600 feet as measured from the outside wall closest to the adjacent building. Individual, stand-alone buildings exceeding 20,000 square feet of floor area containing a nonresidential use that are attached to or include a residential use do not require separation from each other Development Standards A. Front Yards Front yards shall have the minimum dimensions as specified in Sec The following additional regulations shall apply: 1. Automobile parking shall be prohibited from being located within the front yard. Parking spaces for one-family dwellings, two-family dwellings and townhouse dwellings shall be on the same lot as the building to be served except as otherwise provided. No parking space shall be permitted in the front yard except on a bona fide paved or graveled driveway leading to a garage, carport, or other permanent parking space located to the rear of the front building line. Circular driveways are prohibited, except for hotels. Except as provided above, paved parking areas will not be permitted between the front building line and the front property line except where a variance permitting such parking has been approved by the Zoning Board of Appeals. 2. Front yards shall only be used for driveways, landscaping, terraces, porches, stoops, plazas, parks, and walkways. 4-19

72 ARTICLE 4. MIXED USE AND COMMERCIAL DISTRICTS Sec MU Mixed-Use District Development Standards 3. The area within the front yard which meets open space criteria may be counted towards the open space requirements on a square foot to square foot basis. B. Mixed Uses 1. Residential Requirement a. No more than 50% of the total number of dwelling units on the site may be single-family attached dwellings. b. On sites with a gross site area greater than 50,000 square feet, at least 20% of the site s total floor area must be residential uses. 2. Nonresidential Requirement Development with street frontage along a Regional Boulevard/Downtown Core thoroughfare as defined by the City Community Transportation Plan, shall meet the requirements of Sec F. Storefront Requirements, in relation to said street type. C. Transitional Heights and Yards 1. Within the District There are no requirements for transitional buffers, height planes, or step-backs when both properties in question are located within the district. in the MU mixed-use district from an abutting R-85, R-60 or R-50 single-family residential district, half of the street or alley rightof-way width measured from the centerline of the street or alley shall be considered as part of the required yard. b. Height Plane In addition to the minimum yards and buffers required by this Section, where a property in the MU mixed-use district abuts a R-85, R-60 or R-50 single-family residential district line, no portion of any structure shall protrude through a height limiting plane beginning 35 feet above the boundary of any required yard and extending inward over the MU district at an angle of 45 degrees. c. Property Outside of Boundary If the property outside the boundary is zoned for a nonresidential use, then no transitional buffer, height limiting plane, or step-back applies. D. Space Dimensions This district shall have the established dimensions as provided in the following table: Village Subarea Transit Station Subarea 2. Adjacent to the District When a parcel within the mixed-use district abuts a parcel that lies outside the boundaries of the district, the following conditions will apply: a. Minimum Yards None, except when the MU mixed-use district line abuts a R-85, R-60 or R-50 single-family residential district line, the yard for the building or use in the MU mixed-use district shall not be less than 30 feet. When a street or alley separates a building or use Residential based density (max) Open space % of lot area Building facade height (min) Building facade height (max) Dwelling unit floor area (min) 43 units/acre 70 units/acre 20% 20% SF 550 SF 4-20

73 Sec MU Mixed-Use District ARTICLE 4. MIXED USE AND COMMERCIAL DISTRICTS Open Space Open Space A. Open spaces shall be provided in conformance with the approved regulating master site plan. B. Open space may utilize any of the following elements towards the open space calculation: 1. Required yards, planted areas, fountains, community gardens, rooftop gardens, parks, plazas, hardscape elements related to sidewalks and plazas, amenity space, and similar features. 2. Balconies for residential units, which are enclosed on three sides or less, may be counted towards open space requirements. 3. Required buffer areas may be counted toward open space requirements even if such buffer area is dedicated to the city or other governmental entity for recreation use, conveyed to a conservation group, or is subject to permanent easements for public use Building Design Standards A. Facade Orientation All buildings shall have their primary facade directly fronting and facing a public or private street. B. Fencing Materials 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. C. Drive-Through Uses Drive-through service windows and drive-in facilities are not allowed D. Vehicular Services Gasoline fuel dispenser structures and associated vehicular services such as air pumps and car washes shall not be located between a building and the street. E. Building Step Backs Buildings in excess of 50 feet in height shall be required to step back that portion of the building greater than 50 feet in height a minimum linear distance of 10 feet away from the building facade located below the 50-foot height plane. F. Storefront Requirements 1. Ground-floor nonresidential and noncivic uses shall provide said uses for a minimum depth of 20 feet from the primary building facade along the public sidewalk. 2. The length of facade without intervening transparency shall not exceed 20 feet. 3. The ground story shall have a minimum 65% transparency. 4. Entrances may be counted where they are transparent. G. Dumpsters and 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, 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 on three sides not less than 8 feet in height, along with a gate or door. H. Loading Dock Entrances for Nonresidential Uses Loading dock entrances for nonresidential uses shall be screened so that loading docks and related activity are not visible from any public right-of-way. I. Building Mechanical and Accessory Features 1. Shall be located to the side, rear, or roof 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 4-21

74 ARTICLE 4. MIXED USE AND COMMERCIAL DISTRICTS Sec MU Mixed-Use District Site Design Standards required if the equipment is otherwise visible from the public right-of way. 2. When located on rooftops shall be incorporated in the design of the building and screened with building materials similar to the building. 3. Shall not be permitted between the building and any public street Site Design Standards A. Street Requirements New streets shall be provided in conformance with the district s approved regulating master site plan. B. Inter-Parcel Connectivity Opportunities for inter-parcel pedestrian and vehicle access points between all contiguous commercial, office, or multi-family residential parcels shall be provided. C. Gates and Security Arms Gates and security arms shall be prohibited from crossing any public street or sidewalk Parking Design Standards A. Off-Site Parking Required parking spaces shall be permitted to be provided on adjacent or nearby property within a MU district, provided said relocated spaces lie within 300 feet of the main entrance to the principal use for which such parking is provided. B. Driveways and Curb Cuts 1. All sidewalk paving materials shall be continued across any intervening driveway at the same prevailing grade and cross slope as on the adjacent sidewalk clear zone. A corresponding interior sign or painted bar on the driveway shall be provided adjacent to the sidewalk paving as it intersects the driveway which shall communicate that vehicles must stop or yield for the intervening sidewalk. 2. Driveway curb cuts shall not be permitted on any street that functions as a regional boulevard/downtown core thoroughfare as defined by the City Community Transportation Plan, when comparable access may be provided from a side or rear street located immediately adjacent to a contiguous property, with the exception of hotel patron drop-off drives. 3. Except as provided in this Section and for new blocks required by Sec , no more than one curb cut shall be permitted for each development site, provided that properties with more than one street frontage may have one curb cut located on each street frontage. However, developments on properties with a single street frontage greater than 400 feet shall be permitted two curb cuts along one street frontage. 4. A common or joint driveway may be authorized by the Zoning Administrator. C. Parking Decks and Structures 1. The ground-floor level of parking decks with primary frontage on a street shall provide only residential, retail, or office uses for a minimum depth of 20 feet from the building facade along the public sidewalk, unless existing topographical considerations render this requirement unreasonable. Entrances to said uses shall be architecturally articulated, and shall face, be visible from, and be directly accessible from the required sidewalk along such street. 2. 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. 3. All parking decks and parking structures shall have pedestrian walkways a minimum width of 4-22

75 Sec MU Mixed-Use District ARTICLE 4. MIXED USE AND COMMERCIAL DISTRICTS Special Exceptions 5 feet connecting ground level parking to the public sidewalks and to all building entrances. 4. All parking decks and parking structures shall have a landscape strip a minimum width of 6 feet immediately contiguous to the parking facility for the whole of the exterior perimeter of the parking facility, excluding pedestrian and vehicular openings Special Exceptions Special exceptions to these requirements may be approved after consideration of the following standards: A. The suitability of the proposed exception in view of the use and development of adjacent and nearby property. B. The effect that the proposed exception will have on the existing use or usability of adjacent or nearby property. C. The impact that the proposed development will have on the public safety, traffic on the public streets, transportation facilities, utilities and other public services. D. The impact that the proposed development will have on established property values and on the health, safety, comfort and general welfare of the residents of the city. E. The economic or marketing impact that these guidelines may have on the property owner or developer. 4-23

76 ARTICLE 4. MIXED USE AND COMMERCIAL DISTRICTS Sec MU Mixed-Use District Special Exceptions 4-24

77 ARTICLE 5. SPECIAL AND OVERLAY DISTRICTS Article 5. Special and Overlay Districts Sec Institutional District Purpose Development Standards Sec Historic Preservation Historic Preservation Commission Establishment of Historic Districts and Properties Regulation of Historic Districts and Properties General Provisions for Historic Districts and Properties Old DeKalb County Courthouse Scottish Rite Hospital for Crippled Children McDonough-Adams-Kings Highway District Clairemont Avenue Historic District Ponce de Leon Court Historic District Old Decatur Historic District Parkwood Historic District Maintenance of Historic Properties Sec Downtown Decatur Special Pedestrian Area Purpose Application Building Design Standards Special Exceptions Sec Planned Unit Development District Purpose Permitted Uses; Minimum Areas Density Standards Development Standards Application for Approval

78 ARTICLE 5. SPECIAL AND OVERLAY DISTRICTS Sec Institutional District Purpose Sec Institutional District Purpose The purpose of this district is to recognize the particular needs of colleges, seminaries and hospitals already existing and to permit the variety of uses necessary to support such institutions without resorting to spot zoning. The designation of this district within the City shall be made by amendment to the zoning map following consideration of a comprehensive site development plan by the Decatur Planning Commission and approval by the City Commission Development Standards A. Establishment Institutional zoning districts shall be established only through regular zoning amendment procedures after consideration by the Planning Commission and approval by the City Commission of a comprehensive site development plan. The comprehensive site development plan will become the regulations governing the development of the institutional zoning district upon establishment of the district, along with the other applicable provisions of this UDO. B. Amendments Amendments to the comprehensive site development plan of an institutional zoning district shall be made by following the same procedure required for amending the UDO and map. C. Rezoning Properties which are already developed may be considered for rezoning to I institutional with the submission of a site plan showing existing conditions. Any changes proposed in the development or use of the property must be clearly indicated on a comprehensive site development plan. 5-2

79 Sec Historic Preservation ARTICLE 5. SPECIAL AND OVERLAY DISTRICTS Historic Preservation Commission Sec Historic Preservation Historic Preservation Commission A. Creation; Title There is hereby created a Commission whose title shall be Decatur Historic Preservation Commission. B. Position within the City The Historic Preservation Commission shall be part of the planning functions of the City. It is intended to serve as the City s Historic Preservation Commission pursuant to the Georgia Historic Preservation Act, as amended. C. Membership; Number; Terms; Compensation 1. The Historic Preservation Commission shall consist of 7 members appointed by the City Commission. All members shall be residents of the City and shall be persons who have demonstrated special interest, experience or education in history, architecture or the preservation of historic resources. 2. To the extent available in the City, at least 5 members shall be appointed from among professionals in the disciplines of architecture, history, architectural history, planning, archaeology, landscape architecture, or related disciplines. 3. Members shall serve 3-year terms. Members may not serve more than 2 consecutive 3 -year terms. In order to achieve staggered terms, initial appointments shall be: 2 members for 1 year; 2 members for 2 years; and 3 members for 3 years. Members shall not receive a salary, although they may be reimbursed for expenses. D. Powers The Historic Preservation Commission shall be authorized to: 1. Prepare and maintain an inventory of all property within the City having the potential for designation as historic property. 2. Recommend to the City Commission specific places, districts, sites, buildings, structures, objects, or works of art to be designated by ordinance as historic properties or historic districts. 3. Review applications for certificates of appropriateness, and grant or deny such certificates in accordance with the provisions of this chapter. 4. Recommend to the City Commission that the designation of any place, district, site, building, structure, objects, or work of art as a historic property or as a historic district be revoked or removed. 5. Advise the City on the restoration or preservation of any historic properties acquired by the City. 6. Promote the acquisition by the City and other entities of facade easements and conservation easements in accordance with the provisions of the Georgia Uniform Conservation Act, as amended. Facade and Conservation Easements Act of 1976, O.C.G.A et seq. 7. Conduct educational programs on historic properties located within the City and on general historic preservation activities. 8. Make such investigations and studies of matters relating to historic preservation including consultation with historic preservation experts, as the City Commission or the Historic Preservation Commission itself may, from time to time, deem necessary or appropriate for the purposes of preserving historic resources. 9. Seek out local, state, federal and private funds for historic preservation, and make recommendations to the City Commission concerning the most appropriate uses of any funds acquired. 5-3

80 ARTICLE 5. SPECIAL AND OVERLAY DISTRICTS Sec Historic Preservation Historic Preservation Commission 10. Submit to the Historic Preservation Section of the State Department of Natural Resources a list of historic properties or historic districts designated. 11. Perform historic preservation activities as the official agency of the City Historic Preservation Program. 12. Where such action is authorized by a specific resolution adopted by the City Commission and is reasonably necessary or appropriate for the preservation of a unique historic property, the Historic Preservation Commission may enter into negotiations with the owner for the acquisition by the City by gift, purchase, exchange, or otherwise of the property or any interest therein. 13. Review and make comments to the Historic Preservation Section of the State Department Of Natural Resources concerning the nomination of properties within its jurisdiction to the National Register of Historic Places. 14. Participate in private, state and federal historic preservation programs and with the consent of the City Commission enter into agreements to do the same. 15. The Historic Preservation Commission shall review and comment on any variances, subdivisions, aggregations or other actions under review by the Planning Commission when said action involves a designated historic property or district. E. Limitation on Powers F. Adoption of Rules and Standards; Meetings; Officers; Quorum The Historic Preservation Commission shall adopt rules and standards for the transaction of its business and for consideration of applications for designations and certificates of appropriateness, such as bylaws and design guidelines and criteria. The Historic Preservation Commission shall have the flexibility to adopt rules and standards without amendment to this Section. The Historic Preservation Commission shall provide for the time and place of regular meetings and a method for the calling of special meetings. The Historic Preservation Commission shall select such officers as it deems appropriate from among its members. A quorum shall consist of a majority of the 4 members. G. Conflicts of Interest At any time the Historic Preservation Commission reviews a project in which a member of the Historic Preservation Commission has ownership or other vested interest, that member will be prohibited from presenting, voting or discussing the project. H. Authority to Receive Funding The Historic Preservation Commission shall have the authority to accept donations and shall ensure that these funds do not displace appropriated governmental funds. I. Records of Meetings A public record shall be kept of the Historic Preservation Commission s resolutions, proceedings and actions. The Historic Preservation Commission shall not have the power to obligate the City in any way without prior consent of the City Commission. 5-4

81 Sec Historic Preservation ARTICLE 5. SPECIAL AND OVERLAY DISTRICTS Establishment of Historic Districts and Properties Establishment of Historic Districts and Properties A. Preliminary Research by Historic Preservation Commission 1. Mandate to conduct a survey of local historic resources. The Historic Preservation Commission shall compile and collect information and conduct surveys of historic resources within the City. 2. Power to recommend districts and buildings to City Commission for designation. The Historic Preservation Commission shall present to the City Commission recommendations for historic districts and properties. 3. Documentation of proposed designation. Prior to the Historic Preservation Commission s recommendation of a historic district or historic property to the City Commission for designation, the Historic Preservation Commission shall prepare a report consisting of: a. A physical description; b. A statement of the historical, cultural, architectural and/or aesthetic significance; c. A map showing district boundaries and classification (i.e. historic, nonhistoric, intrusive) of individual properties therein as historic (contributing) or nonhistoric (noncontributing), (i.e. contributing or noncontributing) or showing boundaries of individual historic properties; d. A statement justifying district or individual property boundaries; and e. Representative photographs. B. Designation of a Historic District 1. Criteria for Selection A historic district is a geographically definable area, which contains buildings, structures, sites, objects, landscape features and works of art or a combination thereof, which: a. Have special character or special historic/ aesthetic value or interest; b. Represent one or more periods, styles or types of architecture typical of one or more areas in the history of Decatur, DeKalb County, the State of Georgia, or the region; and c. Cause such area, by reason of such factors, to constitute a visibly perceptible section of the municipality City or county. 2. Boundaries Boundaries of a historic district shall be included in the separate ordinances designating such districts and shall be shown on the official zoning map. 3. Evaluation of Properties within Historic Districts Individual properties within historic districts shall be classified as: a. Historic (Contributing) A property is determined to be contributing to an historic district where it adds to the associations, qualities or characteristics for which the historic district is significant and was present during the period of significance of the district or possesses historic integrity reflecting its character at that time. 5-5

82 ARTICLE 5. SPECIAL AND OVERLAY DISTRICTS Sec Historic Preservation Establishment of Historic Districts and Properties b. Nonhistoric (Noncontributing) A property is determined to be noncontributing to an historic district where it does not add to the associations, qualities or characteristics for which the historic district is significant, was not present during the period of significance of the district, or no longer possesses historic integrity reflecting its character due to alterations, disturbances, additions or other changes. C. Designation of a Historic Property 1. Criteria for Selection A historic property is a building, structure, site, object, or work of art, including the adjacent area necessary for the proper appreciation or use thereof, deemed worthy of preservation by reason of value to the City, the county, the state or the local region for one of the following reasons: a. It is an outstanding example of a structure representative of its era. b. It is one of the few remaining examples of past architectural style. c. It is a place or structure associated with an event or persons of historic or cultural significance to the City, the county, the state or the local region. d. It is a site of natural or aesthetic interest that is continuing to contribute to the cultural or historical development and heritage of the City, county, state or region. 2. Boundary Description Boundaries shall be included in the separate ordinances designating such properties and shall be shown on the official zoning map. D. Requirements for Adopting a Designation Ordinance 1. Application for Designation a. Authority to Apply Designations may be proposed by the City Commission, the Historic Preservation Commission, or: b. For Historic Districts In historic districts a historical organization, neighborhood association or group of property owners may apply to the Historic Preservation Commission for designation. c. For Historic Properties For historic properties a historical organization, neighborhood association or property owner may apply to the Historic Preservation Commission for designation. 2. Components of an Application Historic designation applications shall be submitted on forms available from the Commission. Such applications must include all materials and documents required by the Commission, including the following: a. Cover letter from person or organization proposing the designation; b. A map identifying the geographic area of the City that is to be included in the proposed designation; c. Names and addresses of the owners of the land property affected by the proposed designation; d. Designation report of the property or district to be designated; and e. Regulations that will govern the property or district to be designated. 5-6

83 Sec Historic Preservation ARTICLE 5. SPECIAL AND OVERLAY DISTRICTS Establishment of Historic Districts and Properties 3. Receipt of Completed Application Once a completed application for designation has been received, the Historic Preservation Commission, shall: a. Prepare a schedule of the designation process which shall be limited to 60 days, with an extension of an additional 30 days, if necessary. b. Establish a moratorium on all permits for the property or properties proposed for designation as provided in Sec D.6. The time period begins on the date the completed application for designation is received by the Commission. c. Schedule the hearings and notices required by Sec D Designation Process Timeframe The timeframe for the designation process is 60 days with a 30 day extension, if necessary. This timeframe includes, mailing of notices to property owners and occupants, legal ads in a paper of general circulation, the public hearing before the Historic Preservation Commission and consideration by the City Commission at 2 consecutive regularly scheduled meetings. During this 60 day period, with a possible 30 day extension, a moratorium will be placed on all properties being considered for designation as provided in Sec D Required Public Hearings The Historic Preservation Commission and the City Commission shall hold a public hearing on any proposed ordinance for the designation of any historic district or property. Notice of the hearing shall be published in at least 3 consecutive issues in the principal newspaper of local circulation, and written notice of the hearing shall be mailed by the Historic Preservation Commission to all owners and occupants of such properties. All such notices shall be published or mailed not less than 10 nor more than 20 days prior to the date set for the public hearing. A notice sent via the United States mail to the last known owner of the property shown on the City tax roll and a notice sent via United States mail to the address of the property to the attention of the occupant shall constitute legal notification to the owner and occupant under this Section. 6. Moratorium a. The purpose of this moratorium is to protect the proposed historic property from material changes during the period of time it is under consideration for designation. During the period that an ordinance for designation is under consideration by the Historic Preservation Commission and the City Commission, applications for any permit which would allow a material change in appearance of the proposed historic property, including permits for land disturbance, demolition, tree removal and other changes to landscape features, and building improvements except those limited to a building s interior, shall not be accepted and no permits for such work shall be approved. An ordinance for designation shall be deemed to be under consideration beginning on the date that the Historic Preservation Commission has accepted, by official vote, a complete application for designation. An application shall be complete when it meets all the criteria established by the Historic Preservation Commission for completion of an application for historic district or property designation as set forth in Sec D.2. Required components of a designation ordinance. Such moratorium shall expire when final action is taken by 5-7

84 ARTICLE 5. SPECIAL AND OVERLAY DISTRICTS Sec Historic Preservation Establishment of Historic Districts and Properties the City Commission on the ordinance for designation, or after 90 days from the date the completed designation application was received by the Historic Preservation Commission, whichever is sooner. b. Exceptions to Moratorium. Owners of properties affected by a moratorium interim control under this Section may receive approval to make a material change to such properties by applying for and receiving a certificate of appropriateness as described in Sec Review of such application for a certificate of appropriateness shall be made using the U.S. Secretary of the Interior s Standards for Historic Preservation Projects and/or other design guidelines adopted by the Historic Preservation Commission for this purpose. 7. Required Components of a Designation Ordinance Any ordinance designating any property or district as historic shall: a. List each property in a proposed historic district or describe the proposed individual historic property; b. Set forth the names of the owners of the designated properties; The map of the district to be codified.; c. Require that a certificate of appropriateness be obtained from the Historic Preservation Commission prior to any material change in appearance of the designated property; and d. Require that the property or district be shown on the official zoning map. 8. Recommendations by the Historic Preservation Commission A recommendation to affirm, modify or withdraw the proposed ordinance for designation shall be made by the Historic Preservation Commission within 15 days following the Historic Preservation Commission s public hearing and shall be in the form of a resolution to the City Commission. 9. City Commission Action on Proposed Designation Following receipt of the Historic Preservation Commission s recommendation, the City Commission may adopt the ordinance as proposed, may adopt the ordinance with any amendments it deems necessary, or reject the ordinance within 2 of its consecutive regularly scheduled meetings. 10. Notification to Historic Preservation Division Not less than 30 days prior to making a recommendation on any ordinance designating a property or district as historic the Historic Preservation Commission must submit the report, required in Sec A.3., to the Historic Preservation Division of the State Department of Natural Resources. 11. Notification of Adoption Designation Ordinance Within 30 days following the adoption of the ordinance for designation by the City Commission, the owners and occupants of each designated historic property, and the owners and occupants of each structure, site or work of art located within a designated historic district, shall be given written notification of such designation by the City Commission, which notice shall apprise the owners and occupants of the necessity of obtaining a certificate of appropriateness prior to undertaking any material change in appearance of the historic property designated or within the historic district designated. A notice sent via the United States mail to the last known owner of the 5-8

85 Sec Historic Preservation ARTICLE 5. SPECIAL AND OVERLAY DISTRICTS Regulation of Historic Districts and Properties property shown on the City tax roll and a notice sent via United States mail to the address of the property to the attention of the occupant shall constitute legal notification to the owner and occupant under this chapter. 12. Notification of Other Agencies The Historic Preservation Commission shall notify all necessary agencies within the City of the ordinance for designation, including the local historical organization. Authority to Amend or Rescind Designation The City Commission has the authority to amend or rescind the designation of a historic property or district. 13. Designation Process Timeframe The designation process shall be limited to 60 days once a completed designation application has been submitted to the Historic Preservation Commission Staff with a possible extension of 30 days. During said 60 days, the Preservation Commission shall hold a public hearing Regulation of Historic Districts and Properties A. Certificate of Appropriateness 1. Approval of Alterations or New Construction in Historic Districts or Involving Historic Properties a. After designation by ordinance of a historic property or of a historic district, no material change in the appearance of such historic property, or of a structure, site, object or work of art within such historic district shall be made or be permitted to be made by the owner or occupant thereof, unless or until an application for a certificate of exemption or certificate of appropriateness has been approved. A certificate of exemption must be approved by the Preservation Commission or its authorized designee. A certificate of appropriateness must be approved by the Historic Preservation Commission. b. Owners of properties affected by a moratorium on building or demolition permits as described in Sec D.6. may receive approval of such permits only by applying for and receiving approval of a certificate of appropriateness as described in this article. B. Certificate of Exemption 1. When authorized by design criteria approved by the Historic Preservation Commission, a certificate of exemption may be approved by the Historic Preservation Commission or its authorized designee of an application to make a change other than a material change in the appearance of a designated historic property or of a property located within a designated historic district. 2. An application for a certificate of exemption may be made by the owner of a property located 5-9

86 ARTICLE 5. SPECIAL AND OVERLAY DISTRICTS Sec Historic Preservation Regulation of Historic Districts and Properties within a designated historic district or the owner s authorized representative. Such application shall be considered by the Historic Preservation Commission or its authorized designee within 5 business days of the date of the application. Denial of an application for a certificate of exemption may be appealed to the Historic Preservation Commission according to the provisions of Sec of the Code of Ordinances. C. Issuance upon Conformance of Certificates of Appropriateness The Historic Preservation Commission shall issue certificates of appropriateness tofor new structures constructed within designated historic districts if these structures conform in design, scale, building materials, setback hardscape, and landscaping to the character of the district specified in the design criteria approved by the Historic Preservation Commission. D. Guidelines and Criteria When considering applications for certificates of appropriateness to existing buildings, the U.S. Secretary of the Interior s Standards for Historic Preservation Projects, including the Secretary s Standards for Rehabilitation shall be used as a guideline along with any other criteria adopted by the Historic Preservation Commission. E. Submission of Plans An application for a certificate of appropriateness shall be accompanied by such drawings, photographs, plans or other documentation as may be required by the Historic Preservation Commission. Applications involving demolition or relocation shall be accompanied by post demolition or relocation plans for the site. F. Response to Applications 1. Approval The Historic Preservation Commission shall approve the application and issue a certificate of appropriateness if it finds that the proposed material changes in the appearance would not have a substantial adverse effect on the aesthetic, historic, or architectural significance and value of the historic property or the historic district. In making this determination, the Historic Preservation Commission shall consider, in addition to any other pertinent factors, the historical and architectural value and significance, architectural style, general design arrangement, texture and material of the architectural features involved, and the relationship thereof to the exterior architectural style, and pertinent features of the other structures in the immediate neighborhood. 2. Denial The Historic Preservation Commission shall deny a certificate of appropriateness if it finds that the proposed material changes in appearance would have substantial adverse effects on the aesthetic, historic or architectural significance and value of the historic property or the historic district. G. Public Hearings on Applications; Notices; Right to be Heard At least 7 days prior to review of a certificate of appropriateness, the Historic Preservation Commission shall take such action as may reasonably be required to inform the owner of any property likely to be affected by reason of the application, and shall give the applicant and such owners an opportunity to be heard. In cases where the Historic Preservation Commission deems it necessary, it may hold a public hearing concerning the application. H. Interior Alterations In its review of applications for certificates of appropriateness, the Historic Preservation Commission shall not consider interior arrangement 5-10

87 Sec Historic Preservation ARTICLE 5. SPECIAL AND OVERLAY DISTRICTS Regulation of Historic Districts and Properties or use having no effect on exterior architectural features. I. Technical Advice The Historic Preservation Commission may seek technical advice from outside its members on any application. J. Deadline for Approval or Denial 1. The Historic Preservation Commission shall approve or reject an application for a certificate of appropriateness within 45 days after the filing thereof by the owner or occupant of an historic property, or of a structure, site, object, or work of art located within a historic district. Evidence of approval shall be by a certificate of appropriateness issued by the Historic Preservation Commission. Notice of the issuance or denial of a certificate of appropriateness shall be sent by United States mail to the applicant and all other persons who have requested such notice in writing filed with the Historic Preservation Commission. 2. An applicant may request a deferral in writing on a form approved by the Historic Preservation Commission. 3. Failure of the Historic Preservation Commission to act within 45 days shall constitute approval, and no other evidence of approval shall be needed; however the applicant is still required to obtain a building permit. K. Necessary Actions 1. If the Historic Preservation Commission rejects an application, it shall state its reasons for doing so, and shall transmit a record of such actions and reasons, in writing, to the applicant. The Historic Preservation Commission may suggest alternative courses of action it thinks proper if it disapproves of the application submitted. The applicant, if he so desires, may make modifications to the plans and may resubmit the application at any time after doing so. 2. In cases where the application covers a material change in the appearance of a structure which would require the issuance of a building permit, the rejection of the application for a certificate of appropriateness by the Historic Preservation Commission shall be binding upon the building official or other administrative officer charged with issuing building permits and, in such a case, no building permit shall be issued. L. Variances Where, by reason of unusual circumstances, the strict application of any provision of this article would result in the exceptional practical difficulty or undue hardship upon any owner of a specific property, the Historic Preservation Commission, in passing upon applications, shall have the power to vary or modify strict adherence to such provisions, or to interpret the meaning of such provisions, so as to relieve such difficulty or hardship; provided, however, that such variances, modifications or interpretations shall remain in harmony with the general purpose and intent of such provisions, so that the architectural or historical integrity or character of the property shall be conserved and substantial justice done. In granting variances, the Historic Preservation Commission may impose such reasonable and additional stipulations and conditions as will, in its judgment, best fulfill the purpose of this chapter. An undue hardship shall not be a situation of the person s own making. M. Conformance with Certificate 1. All work performed pursuant to an issued certificate of appropriateness shall conform to the requirements of such certificate. If work is performed not in accordance with such certificate, the Historic Preservation Commission, shall issue a cease and desist stop work order and all work shall cease. 5-11

88 ARTICLE 5. SPECIAL AND OVERLAY DISTRICTS Sec Historic Preservation Regulation of Historic Districts and Properties 2. The City Commission or the Historic Preservation Commission shall be authorized to institute any appropriate action or proceeding in a court of competent jurisdiction to prevent any material change in appearance of a designated historic property or historic district, except those changes made in compliance with the provisions of this chapter or to prevent any illegal act or conduct with respect to such historic property or historic district. N. Period of Validity; Renewal A certificate of appropriateness shall become void unless construction is commenced within 6 months1 year of the date of issuance. Certificates of appropriateness shall be issued for a period of 18 months and are renewable. The Historic Preservation Commission s designee shall be authorized to renew a certificate of appropriateness if there are no material changes to the plans as originally approved. O. Recording of Applications The Historic Preservation Commission shall keep a public record of all applications for certificates of appropriateness, certificates of exemption and of all the Historic Preservation Commission s proceedings in connection with the application. P. Acquisition of Property The Historic Preservation Commission may, where such action is authorized by the City Commission and is reasonably necessary or appropriate for the preservation of a unique historic property, enter into negotiations with the owner for the acquisition by gift, purchase, exchange, or otherwise, to the property or any interest therein. Q. Appeals 1. Any person adversely affected by any determination made by the Historic Preservation Commission relative to the issuance or denial of a certificate of appropriateness may appeal such determination to the City Commission. Any such appeal must be filed with the City Commission within 15 days after the issuance of the determination pursuant to Sec (a) of the Code of Ordinances or, in the case of a failure of the Commission to act, within 15 days of the expiration of the 45-day period allowed for Commission action, pursuant to Sec (a) of the Code of Ordinances The City Commission may approve the determination made by the Historic Preservation Commission, or, if the City Commission finds that the Historic Preservation Commission abused its discretion in reaching its decision, it may modify or reject the determination made by the Historic Preservation Commission. 2. Appeals from decision of the City Commission may be taken to the county superior court in the manner provided by law for appeals from conviction for City ordinance violations. R. Demolition or Relocation 1. Applications for Certificates of Appropriateness The Preservation Commission shall have the authority to deny certificates of appropriateness for demolition or relocation. Applications for certificates of appropriateness for demolition or relocation shall include: a. A report from an independent licensed engineer or architect with experience in rehabilitation regarding the structural soundness of the historic property; b. A summary of all efforts made to reuse, rehabilitate or sell the historic property; c. A cost estimate of the proposed demolition or relocation of the historic property; 5-12

89 Sec Historic Preservation ARTICLE 5. SPECIAL AND OVERLAY DISTRICTS General Provisions for Historic Districts and Properties d. Evidence that the applicant has the financial ability to carry out the proposed project; and e. Post demolition or post relocation plans for the site. 2. Authority to Deny The Historic Preservation Commission shall have the authority to deny certificates of appropriateness for demolition or relocation of historic properties. 3. Public Hearing A public hearing shall be scheduled for each application for a certificate of appropriateness for demolition or relocation of historic properties. 4. Post-Demolition or Post-Relocation Plans The Historic Preservation Commission shall not grant certificates of appropriateness for demolition or relocation without reviewing at the same time the post-demolition or postrelocation plans for the site. 5. Criteria Upon receipt of an application for a certificate of appropriateness for demolition or relocation, the Historic Preservation Commission shall use the criteria described in Sec F. to determine whether to grant or deny the application for a certificate of appropriateness for demolition or relocation General Provisions for Historic Districts and Properties A. Design Guidelines Standards The recommendations contained in the Design Supplement to the Decatur Historic Preservation Resource Manual will be the primary basis for evaluating and reviewing all proposed work in an Historic District. Property owners planning to make changes to their properties are encouraged to obtain a copy of this publication or consult copies available at on the City website. B. Designated Properties Listed in Appendix Designated Historic District properties are listed in Appendix 1. to this UDO. C. Conflict with Other Provisions When a specific Historic District requirement conflicts with another requirement of this UDO, the Historic District provisions shall prevail. D. Zoning Map The designated property shall be shown on the official zoning map of the City Old DeKalb County Courthouse A. The property known as the Old DeKalb County Courthouse, 101 Courthouse Square, Decatur, Georgia, Tax Map Number D , including the courthouse building, all appurtenances, auxiliary structures, and exterior environmental features is designated as an historic property under the provisions of this chapter. B. The name of the owner of the property is DeKalb County, Georgia. C. A certificate of appropriateness shall be obtained from the Historic Preservation Commission prior to any material change in appearance of the designated property. However, so long as the 5-13

90 ARTICLE 5. SPECIAL AND OVERLAY DISTRICTS Sec Historic Preservation Scottish Rite Hospital for Crippled Children county is the owner of the designated property it shall be exempt from the requirement of obtaining certificates of appropriateness, provided that the county commission shall notify the Historic Preservation Commission 45 days prior to beginning an undertaking that would otherwise require a certificate of appropriateness and allow the Historic Preservation Commission an opportunity to comment. D. The designated property shall be shown on the official zoning map of the City Scottish Rite Hospital for Crippled Children A. The property known as the Scottish Rite Hospital for Crippled Children, 321 West Hill Street, Decatur, Georgia, Tax Map Number A07-001, including the principal buildings, all appurtenances, auxiliary structures, and exterior environmental features is designated as an historic property under the provisions of this chapter. B. The name of the owner of the designated property is the City. C. A certificate of appropriateness shall be obtained from the Historic Preservation Commission prior to any material change in appearance of the designated property. However, so long as the City is the owner of the designated property it shall be exempt from the requirement of obtaining certificates of appropriateness, provided that the City, any lessee or occupant shall notify the Historic Preservation Commission 45 days prior to beginning an undertaking that would otherwise require a certificate of appropriateness and allow the Historic Preservation Commission an opportunity to comment. In the alternative, the City may opt to follow the procedures for obtaining a certificate of appropriateness. D. The designated property shall be shown on the official zoning map of the City McDonough-Adams-Kings Highway District A. The district known as the McDonough-Adams-Kings Highway District is designated as a historic district under the provisions of this chapter. B. The McDonough-Adams-Kings Highway District includes the properties listed in Appendix 1. to this UDO. C. A certificate of appropriateness shall be obtained from the Historic Preservation Commission prior to any material change in appearance of a property located in the designated district. Exterior paint colors are not subject to review. Consideration of applications for certificates of appropriateness shall be based on design criteria for the McDonough- Adams-Kings Highway District. Repairs that are not defined as a material change, as defined in Article 12. are not subject to these guidelines or any type of review process. D. The material changes that require review in this district are listed in the definition for material changes, found in Sec E. Repairs that are not defined as a material change are not subject to full review and can be approved as a Certificate of Exemption per Sec B.of these district guidelines. F. The recommendations contained in the Design Supplement to the Decatur Historic Preservation Resource Manual will be the primary basis for evaluating and reviewing all proposed work in the McDonough-Adams-Kings Highway Historic District. Property owners planning to make changes to their properties are encouraged to obtain a copy of this publication or consult copies available at on the City website. G. Design criteria for the McDonough-Adams-Kings Highway District. The following guidelines standards shall be used to determine whether a certificate of appropriateness shall be approved: 5-14

91 Sec Historic Preservation ARTICLE 5. SPECIAL AND OVERLAY DISTRICTS McDonough-Adams-Kings Highway District 1. New Construction Any project that calls for the construction of a new structure(s) on vacant property located within the district boundaries. a. New Principal Structures New structures should respect the existing setback, massing and building materials of historic properties in adjacent blocks and be compatible in design with surrounding historic properties. On new principal structures, no slab on grade construction will be allowed. b. Outbuildings Accessory Structures Any new building over 100 square feet, including garages, visible from the public right of way must be reviewed and receive a Certificate of Appropriateness. 2. Additions Any additions that change the footprint or roof line of existing structures within the historic district will require full review and a certificate of appropriateness. No slab on grade construction will be allowed. 3. Demolition or Relocation Any plans for the demolition or relocation of a structure over 100 square feet of gross floor area within the historic district requires the full review of the Historic Preservation Commission and a certificate of appropriateness. A request for demolition or relocation must include a postproject plan for the property. 4. Alterations to Existing Properties a. Doorways Change in opening size or location only. Replacing an exterior door will not require review. However, property owners are strongly encouraged to repair and retain original doors. If replacement is necessary, the new door should be as close in design to the original door as possible. b. Windows Any change in window openings to include the addition of window openings, the removal of window openings or a change in the size of existing openings will require full review. Windows visible from the street should be consistent in design with original windows. c. Roofs Any change in the roof shape visible from the street requires full review. Replacement or repair of roof materials would require an administrative review. For all secondary roofs with a pitch of 3/12 and under where a metal roof is desired to be used; the following criteria shall be me: i. Flat seam metal roofs shall be used on the front and side elevations; ii. Standing seam metal roofs with a 1 profile (or less) can be used on rear elevations not visible from the public right-of-way (acceptable standing seam profiles include overlap, single lock and double lock); and iii. Sheet metal is acceptable. Painted metal with a baked on finish should be a flat finish and the color should match the primary roof color. iv. Bare galvanized metal and unpainted aluminum is not acceptable. d. Exterior Cladding Any proposed change in existing exterior cladding requires the full review of the Commission. The application of EIFS, vinyl or 5-15

92 ARTICLE 5. SPECIAL AND OVERLAY DISTRICTS Sec Historic Preservation McDonough-Adams-Kings Highway District aluminum siding is prohibited. If there is a property at the time of adopting of a district that uses EIFS, vinyl, or aluminum siding the owner will be allowed to repair or replace what currently exists, but cannot increase the total amount of cladding with prohibited materials. e. Porches The addition of any new porch structure visible from the street requires full review. Any proposed changes to historic design elements on existing porches (e.g., replacement of columns or glassing in) visible from the street will require a full review. Changing an open porch to a screened porch would be excluded from review as long as existing design elements are not damaged, removed or covered. 5. Certificate of Exemption In an effort to expedite the review process for the McDonough-Adams-Kings Highway Historic District, it has been determined that certain changes to properties will be eligible for a certificate of change exemption as defined in these guidelines standards. The Historic Preservation Commission or its designee designated City staff member shall be authorized to provide for this administrative level of review and the issuance of the certificate of exemption for projects re- quiring a building permit. The following types of projects will qualify for administrative review and certificates of exemption subject to the stated qualifications and limitations. A certificate of exemption shall be obtained from the Historic Preservation Commission for the following projects: a. Windows Replacement of Windows in Kind b. Hardscape/Landscape Changes in landscape and landscape features can have an impact on the character of a property. The following projects landscape changes apply to all properties within a the district including historic, nonhistoric and intrusions: i. Vegetation Removal of overstory canopy trees such as Hickory, Maple, Pecan, Sycamore, Oaks or Sweet Gum, that are 12 in diameter or greater unless the tree is dead or a certified arborist has stated in writing that the tree is diseased or hazardous and recommends removal. Tree removal is also subject to Sec Tree Protection. ii. Fences and Walls Installation of a fence or wall in front of the building line requires full review by the Historic Preservation Commission. Fences and walls over 4 feet high in the front yard are prohibited. Fences and walls behind the building line are subject to this UDO and are not subject to review by the Historic Preservation Commission for a Certificate of Exemption. iii. Driveways It is recommended that the width of driveways be restricted to 10 feet to the face of the house. The use of asphalt is prohibited. c. Accessory Buildings Structures Changes in accessory buildings that are visible from Clairemont Ave. 5-16

93 Sec Historic Preservation ARTICLE 5. SPECIAL AND OVERLAY DISTRICTS Clairemont Avenue Historic District Any new building over 100 square feet, including garages, visible from the public right-of-way must be reviewed and receive a Certificate of Appropriateness. d. City-Owned Properties Rights-of- Way Projects involving City-owned property and City rights-of-way including sidewalk replacement and tree removal shall not be required to obtain a certificate of appropriateness provided that the City shall notify the Historic Preservation Commission 45 days prior to beginning an undertaking that would otherwise require a certificate of appropriateness and allow the Historic Preservation Commission an opportunity to comment. H. The designated district shall be shown on the official zoning map of the City Clairemont Avenue Historic District A. The district known as the Clairemont Avenue Historic District is designated as a historic district under the provisions of this chapter. B. The Clairemont Avenue Historic District includes the properties listed in Appendix 1. to this UDO. C. The recommendations contained in the Design Supplement to the Decatur Historic Preservation Resource Manual will be the primary basis for evaluating and reviewing all proposed work in the Clairemont Avenue Historic District. Exterior paint colors are not subject to review. Property owners planning to make changes to their properties are encouraged to obtain a copy of this publication or consult copies available at on the City website. the City hall. D. In addition to the recommendations contained in the Design Supplement to the Decatur Historic Preservation Resource Manual, the following guidelines standards shall be applied in the administration of the Clairemont Avenue Historic District. 1. Review Jurisdiction Review jurisdiction defines what aspects of the physical appearance of the district are subject to the review of the commission and the limits of that review power. All projects are subject to the full review of the Historic Preservation Commission unless they fall outside of the review jurisdiction as defined in this article or they qualify for administrative review and certificate of exemption as defined in Sec D.2. of these guidelines standards. a. As described in its district designation, the primary value of the Clairemont Avenue District is in the public experience of the district as a historic residential corridor into the heart of downtown Decatur. The preservation of the historic character, as visible from Clairemont Avenue, is the primary goal of this district. Therefore: i. The review jurisdiction of the Historic Preservation Commission shall extend only to material changes to the front and side facades of principal or accessory structures that would be visible from the Clairemont Avenue public right-of-way. ii. Due to their temporary and non-historic nature, privacy fences and/or vegetation, that might obscure otherwise visible changes, do not remove projects from the review jurisdiction. iii. The Historic Preservation Commission or its designated staff member may only make the determination of what is visible from the Clairemont Avenue public right-of-way. 5-17

94 ARTICLE 5. SPECIAL AND OVERLAY DISTRICTS Sec Historic Preservation Clairemont Avenue Historic District b. Only proposed material changes to the exterior of the front and side facades of properties within the historic district, that would be legally required to obtain a building permit with the exception of tree removals, must be submitted to the Historic Preservation Commission or its designated staff person to determine if the project is subject to review, and if so, the level of review required. c. An application for a building permit for a property within the historic district will commence the review process of the project by the Historic Preservation Commissions designee designated staff person for a determination of the project s status under these guidelines standards. d. Project types that must be submitted include, but not be limited to the following: i. New construction of principal and accessory structures. ii. Additions to principal and accessory structures. iii. Demolition of existing structures. iv. Relocations of existing structures. v. Alterations to the exterior appearance of existing structures to include changes to the exteriors of existing buildings. For example: a. Changes to sizes and locations of exterior doors and windows. b. Replacement of existing windows. c. Changes to rooflines and configurations. d. Replacement of roofing materials. f. Changes in exterior cladding materials. g. Changes to exterior trim materials, profiles or configurations. h. Signage where allowed within the district. vi. Alterations to the existing landscape to include: a. Changes to existing driveway materials. b. Construction of retaining walls. c. Removal of existing trees over 12 inches in diameter. d. Signage where allowed within the district. e. Existing structures identified as noncontributing or as intrusions into the district will be required to obtain certificates of appropriateness only for work involving additions to, demolitions of, or relocations of qualified structures. f. The construction, demolition and relocation of accessory structures less than 100 square feet of gross floor area is not subject to review. g. Replacement of an exterior door within an existing opening is not subject to review. h. Exterior paint colors are not subject to review. (Note: the use of transparent stains as an exterior finish on siding or trim is not recommended.) i. Fences and walls, other than retaining walls, less than four 4 feet high are not subject to review. e. Installation of dormers or skylights. 5-18

95 Sec Historic Preservation ARTICLE 5. SPECIAL AND OVERLAY DISTRICTS Clairemont Avenue Historic District j. The hardwood tree canopy along Clairemont Avenue is considered to be a contributing element to the appearance of the historic district. All over story trees in front yard setbacks on both private property and the public right-of-way in the historic district are to be protected as part of the historic district. The removal of any existing tree measuring 12 inches in diameter or larger located in the front yard setback or within the public right-of-way must be approved either with a certificate of appropriateness from the Historic Preservation Commission or a certificate of exemption as outlined insec (See also Sec Tree Protection.) k. Landscape planting materials and configurations are not subject to review. 2. Certificates of Exemption In an effort to expedite the review process for the Clairemont Avenue Historic District it has been determined that certain changes to properties will be eligible for a certificate of exemption. The certificate of exemption certifies the approval of the Historic Preservation Commission for a change to be made other than a material change as defined in these guidelines standards. The Historic Preservation Commission its designated City staff member shall be authorized to provide for this administrative level of review and the issuance of the certificate of exemption for projects requiring a building permit. The following types of projects will qualify for administrative review and certificates of exemption subject to the stated qualifications and limitations. a. Alterations and additions to the rear of existing structures may be administratively reviewed and determined to be not visible from the Clairemont Avenue public rightof-way and therefore not within the review jurisdiction of the district. b. As defined in Sec A., routine maintenance and repair involving the identical replacement of, and/or typical maintenance of, existing exterior cladding materials or architectural elements that do not change the exterior appearance of a structure. c. Changing an open porch to a screened porch or vice-versa, so long as existing architectural elements are not damaged, removed or covered. (Note: the glassing-in of open or screened porches is subject to the typical review process.) d. Replacement of an existing driveway if: i. The width of the new driveway does not exceed 10 feet or the width of the existing driveway, whichever is greater. e. Replacement of existing windows with identical replacement windows. f. Backyard decks and associated railings attached to a principal structure whose surface is at or below the first floor level of the principal structure. g. Replacement of in-kind roofing material or with asphalt shingles. h. Removal of deciduous overstory canopy trees over 12 inches in diameter if the tree is visibly dead or a certified arborist has certified that the tree is diseased or hazardous and recommends its removal., subject to Sec. 9.1., Tree Protection. i. Replacement of an exterior door within an existing opening. j. Fences and wall, other than retaining walls less than 4 feet high. 5-19

96 ARTICLE 5. SPECIAL AND OVERLAY DISTRICTS Sec Historic Preservation Ponce de Leon Court Historic District 3. Additional District Design Guidelines Standards These guidelines standards are intended to address situations or concerns unique to the Clairemont Avenue Historic District. These guidelines standards are meant to supplement or supersede the general recommendations made in the Design Supplement to the Decatur Historic Preservation Resource Manual. a. Should properties be demolished in the district or on vacant lots where demolition has occurred, replacement structures should be designed to reinforce the single-family, residential character of the neighborhood, respect existing setbacks and retain the structural rhythm of the street. b. No slab on grade construction will be permitted for new principal structures. Slab on grade additions to existing principal structures may be permitted only if grade conditions are such that traditional crawlspace construction is determined not to be reasonable in the opinion of the Historic Preservation Commission. c. Front yard walls and/or fences shall not exceed 4 feet in height. d. Every 2 years after the adoption of the ordinance creating the Clairemont Avenue district, the Historic Preservation Commission shall hold a public hearing at a regularly scheduled monthly meeting for the purpose of reviewing these guidelines standards and to consider any modifications or refinements that might be desired by either the property owners within the historic district or by the Historic Preservation Commission Ponce de Leon Court Historic District A. The district known as Ponce de Leon Court is designated as a historic district under the provisions of this chapter. B. The Ponce de Leon Court District includes the properties listed in Appendix 1. to this UDO. C. A certificate of appropriateness shall be obtained from the Historic Preservation Commission prior to any material change in appearance of a property located in the designated district. Exterior paint colors are not subject to review. Consideration of applications for certificates of appropriateness shall be based on design criteria for the Ponce de Leon Court District. Repairs that are not defined as a material change, as defined in Article 12. are not subject to these guidelines or any type of review process. The material changes that require review in this district are listed in the UDO. D. Design criteria for the Ponce de Leon Court District. The recommendations contained in the Design and Administrative Guidelines for the Ponce de Leon Court Historic District will be the primary basis for evaluating and reviewing all material changes in the Ponce de Leon Court Historic District. The following criteria shall be used to determine what material changes are subject to review, require a certificate of appropriateness or a certificate of exemption, and whether a certificate of appropriateness shall be approved: 1. Review Jurisdiction Review jurisdiction defines what aspects of the physical appearance of the district are subject to the review of the Historic Preservation Commission and the limits of that review power. All material changes are subject to the full review of the Historic Preservation Commission unless they fall outside of the review jurisdiction as defined in this article or they 5-20

97 Sec Historic Preservation ARTICLE 5. SPECIAL AND OVERLAY DISTRICTS Ponce de Leon Court Historic District qualify for administrative review and certificate of exemption as defined in Sec D.3. of these guidelines standards. a. The review jurisdiction of the Historic Preservation Commission shall extend only to the front and sides of the property and structure. The rear elevation of the structure is not subject to review. Review jurisdiction shall also include any new structure over 100 square feet, including garages, visible from the public right-of-way on Ponce de Leon Court or East Ponce de Leon Avenue. b. Due to their temporary and non-historic nature, privacy fences and/or vegetation, that might obscure otherwise visible changes, do not remove projects from the review jurisdiction. c. Only the Historic Preservation Commission or its designated staff member make the determination of what is the front and side of a building or structure and what is visible from the public right-of-way. 2. Low-Density Single-Family Guidelines Standards The following projects require full review by the Historic Preservation Commission and a certificate of appropriateness to obtain a building permit. a. New Construction Any project that calls for the construction of new structure(s) on vacant property located within the district boundaries. i. New principal structures should respect the existing setback, massing, and building materials, and be compatible in design with historic properties in the Ponce de Leon Court District. ii. Outbuildings. Any accessory structure new structure over 100 square feet, including garages, visible from the public right-of-way, should be compatible in design with historic properties in the Ponce de Leon Court District. b. Additions Any additions that change the footprint or roofline of existing structures within the historic district. All additions should respect the existing building height, massing, and building materials, and be compatible in design with historic properties in the Ponce de Leon Court District. c. Demolition or Relocation Any plans for demolition or relocation of structure over 100 square feet of gross floor area within the historic district will require the full review of the Historic Preservation Commission and a certificate of appropriateness. A request for demolition or relocation must include a post-project plan for the property. d. Alterations to Existing Properties within the District The following alterations to existing properties within review jurisdiction require a certificate of appropriateness. i. Doorways Change in opening size or location. ii. Windows Any change in window openings to include the addition of window openings, the removal of window openings, change in the size of existing openings, and a change in design. 5-21

98 ARTICLE 5. SPECIAL AND OVERLAY DISTRICTS Sec Historic Preservation Ponce de Leon Court Historic District iii. Roofs Any change in the roof shape. iv. Exterior Cladding Any change in existing cladding material. The application of EIFS, vinyl or aluminum siding is prohibited If there is a property at the time of adoption of this district that uses EIFS, vinyl, or aluminum siding the owner will be allowed to repair or replace what currently exists, but cannot increase the total amount of cladding with prohibited materials. v. Porches The addition or removal of any porch structure. Any changes to historic design elements on existing porches. vi. Front Steps Any change in material or design of the front steps requires a full review. vii. Garages And Carports New garages and carports require full review. Attached garages visible from the public right-of-way are prohibited. viii. Driveways Any change in the configuration or width of existing driveways requires a full review. ix. Fences and Walls Installation of a fence or wall in front of the building line requires full review. Fences and walls over 4 feet high in the front yard are prohibited.. Fences and walls behind the building line are subject to existing zoning regulations and are not subject to review by the Historic Preservation Commission. 3. Certificate of Exemption In an effort to expedite the review process for the Clairemont Avenue Ponce de Leon Court Historic District it has been determined that certain changes to properties will be eligible for a certificate of exemption. The certificate of exemption certifies the approval of the Historic Preservation Commission for a change to be made other than a material change as defined in these guidelines standards. The Historic Preservation Commission, its designated City staff member shall be authorized to provide for this administrative level of review and the issuance of the certificate of exemption for projects re- quiring a building permit. The following types of projects will qualify for administrative review and certificates of exemption subject to the stated qualifications and limitations. The following projects require a certificate of exemption from the Historic Preservation Commission : a. Windows Replacing existing windows. b. Doors Replacing an exterior door. c. Roof Replacement roof materials. d. Exterior Cladding Repair and replacement of siding that exceeds 25% of the total facade surface area, but uses wood, smooth cementitious siding, or matching brick with the matching mortar color, and matches the existing 5-22

99 Sec Historic Preservation ARTICLE 5. SPECIAL AND OVERLAY DISTRICTS Ponce de Leon Court Historic District siding width and reveal can be approved administratively and receive a certificate of exemption. Repair or replacement of existing siding does not require review as long as the repair does not exceed 25% of the total facade surface area and matches existing cladding material, mortar color, siding width, and reveal. e. Porches Repair or replacement of existing porch elements and materials that requires a change from the existing materials can be approved administratively and receive a certificate of exemption. Porch repair of existing porch elements with wood, brick, or cementitious material that match in design with the existing porch do not require review. Changing an open porch to a screened porch would be excluded from review as long as existing design elements are not damaged, removed, or covered. f. Driveways Any change in driveway materials. The use of asphalt is prohibited in this district. If there is a property at the time of adoption of this district that uses asphalt the owner will be allowed to repair or replace what currently exists, but cannot increase the total amount of asphalt. g. Landscape The removal of any Palm Trees or Long- Needle Pines requires a statement in writing by a certified arborist that the tree is diseased or hazardous and is subject to the Sec. 9.1., Tree Protection. h. Fences and Walls Fences and walls behind the building line are subject to existing zoning regulations and are subject to review by the Preservation Commission. 4. High Density Single-Family Standards The following projects require full review by the Historic Preservation Commission and a certificate of appropriateness to obtain a building permit. a. New Construction Any project that calls for the construction of new structure(s) on vacant property located within the high-density sub area district boundaries. i. New Principal Structures New structures should respect the existing setback, massing, and building materials, and be compatible in design with properties in this sub area. ii. Outbuildings Accessory Structures Any new building over 100 square feet, including garages, visible from the public right-of-way must be reviewed and receive a certificate of appropriateness. b. Additions Any additions that change the footprint or roofline of existing structures within the historic district will require full review and a certificate of appropriateness. The height of the addition will not exceed the height of the existing structure. c. Demolition or Relocation Any plan for demolition or relocation of a structure over 100 square feet of gross floor area within the historic district requires the full review of the Historic Preservation 5-23

100 ARTICLE 5. SPECIAL AND OVERLAY DISTRICTS Sec Historic Preservation Ponce de Leon Court Historic District Commission and a certificate of appropriateness. A request for demolition or relocation must include a post-project plan for the property. d. Alterations to Existing Properties All changes to the structure are subject to full review. i. Doorways Change in opening size or location. ii. Windows Any change in window openings to include the addition of window openings, the removal of window openings, change in the size of existing openings, and a change in design. iii. Roofs Any change in the roof shape. iv. Exterior Cladding Any change in existing cladding material. The application of EIFS, vinyl or aluminum siding is prohibited. If there is a property at the time of adoption of this district that uses EIFS, vinyl, or aluminum siding the owner will be allowed to repair or replace what currently exists, but cannot increase the total amount of cladding with prohibited materials. v. Porches The addition or removal of any porch structure. Any changes to historic design elements on existing porches. vi. Front Steps Any change in material or design of the front steps. vii. Driveways Any change in the existing configuration or width of a driveway requires a full review. viii. Fences and Walls Installation of a fence or wall in front of the building line requires full review. Fences and walls over 4 feet high in the front yard are prohibited. Fences and walls behind the building line are subject to existing zoning regulations and are not subject to review by the Historic Preservation Commission. e. Certificate of Exemption The following projects require a certificate of exemption from the Historic Preservation Commission : i. Windows Replace existing windows. ii. Doors Replace an exterior door. iii. Roof Replacement of roof materials. iv. Exterior Cladding Repair and replacement of siding that exceeds 50% of the total facade surface area, but uses wood, smooth cementitious siding, or matching brick with the matching mortar color and matches the existing siding width and reveal can be approved administratively and receive a certificate of exemption. Repair or replacement of existing siding does not require review as long as the repair does not exceed 50% of the total facade surface area and matches 5-24

101 Sec Historic Preservation ARTICLE 5. SPECIAL AND OVERLAY DISTRICTS Old Decatur Historic District existing cladding material, mortar color, siding width, and reveal. v. Porches Repair or replacement of existing porch elements and materials that requires a change from the existing materials can be approved administratively and receive a certificate of exemption. Porch repair of existing porch elements with wood, brick, or cementitious material that match in design with the existing porch do not require review. Changing an open porch to a screened porch would be excluded from review as long as existing design elements are not damaged, removed, or covered. vi. Driveways Any change in driveway materials. The use of asphalt is prohibited in this subarea. If there is a property at the time of adoption of this district that uses asphalt the owner will be allowed to repair or replace what currently exists, but cannot increase the total amount of asphalt. vii. Landscape The removal of any Palm Trees or Long- Needle Pines requires a statement in writing by a certified arborist that the tree is diseased or hazardous and is subject to Sec. 9.1., Tree Protection. viii. Fences and Walls Fences and walls behind the building line are subject to existing zoning regulations and are subject to review by the Historic Preservation Commission. 5. Official Zoning Map The designated district shall be shown on the official zoning map of the City Old Decatur Historic District A. The district known as Old Decatur is designated as a historic district under the provisions of this chapter. B. The Old Decatur District includes the properties listed in Appendix 1. to this UDO. C. A certificate of appropriateness shall be obtained from the Historic Preservation Commission prior to any material change in appearance of a property located in the designated district. Exterior paint colors are not subject to review. Consideration of applications for certificates of appropriateness shall be based on the ordinance and design criteria for the Old Decatur District. Repairs that are not defined as a material change, as defined in Article 12. are not subject to these guidelines standards or any type of review process. D. Design criteria for the Old Decatur District. The recommendations contained in the Old Decatur Design Guidelines will be the primary basis for evaluating and reviewing all material changes in the Old Decatur Historic District. The following criteria shall be used to determine what material changes are subject to review, require a certificate of appropriateness or a certificate of exemption, and whether a certificate of appropriateness shall be approved: 1. Review Jurisdiction Review jurisdiction defines what aspects of the physical appearance of the district are subject to the review of the Historic Preservation Commission and the limits of that review power. All material changes are subject to the full review of the Historic Preservation Commission unless they fall outside of the review jurisdiction as defined in this article or they qualify for 5-25

102 ARTICLE 5. SPECIAL AND OVERLAY DISTRICTS Sec Historic Preservation Old Decatur Historic District administrative review and certificate of exemption as defined in Sec of these guidelines standards. a. The review jurisdiction of the Historic Preservation Commission shall extend only to what is visible from the public right-ofway. Review jurisdiction shall also include any new structure over 100 square feet, including garages, visible from the public right-of-way. b. Due to their temporary and non-historic nature, privacy fences and/or vegetation, that might obscure otherwise visible changes, do not remove projects from the review jurisdiction. c. Only the Historic Preservation Commission or its designated staff member make the determination of what is visible from the public right-of-way. 2. Certificate of Appropriateness The following projects require full review by the Historic Preservation Commission and a certificate of appropriateness to obtain a building permit. a. New Construction Any project that calls for the construction of new structure(s) on vacant property located within the district boundaries. i. New Principal Structures New structures should respect the existing setback, massing, building height, scale, building materials, and be compatible in design with contributing historic properties in the Old Decatur District. ii. Outbuildings Accessory Structures Any new structure over 100 square feet, including garages, visible from the public right of way, should be compatible in scale and design with historic properties in the Old Decatur district. b. Additions Any additions that change the footprint or roofline of existing structures within the historic district. All additions should respect the existing building height, massing, and building materials, and be compatible in design with contributing historic properties in the Old Decatur District. c. Demolition or Relocation Any plans for demolition or relocation of structure over 100 square feet of gross floor area within the historic district will require the full review of the Historic Preservation Commission and a certificate of appropriateness. A request for demolition or relocation must include a post-project plan for the property. d. Alterations to Existing Properties The following alterations to existing properties within review jurisdiction require a certificate of appropriateness. i. Doorways Change in opening size or location. ii. Windows Any change in window openings to include the addition of window openings, the removal of window openings, change in the size of existing openings, and a change in design. 5-26

103 Sec Historic Preservation ARTICLE 5. SPECIAL AND OVERLAY DISTRICTS Old Decatur Historic District iii. Roofs Any change in the roof shape. iv. Exterior Cladding Any change in existing cladding material. v. Porches The addition or removal of any porch structure. Any changes to historic design elements on existing porches. vi. Front steps Any change in material or design of the front steps. vii. Garages and Carports New garages and carports require full review. viii. Driveways Any change in the configuration or width of existing driveways requires a full review. ix. Fences and Walls Installation of a fence or wall in front of the building line requires full review. Fences and walls over 4 feet high in the front yard are prohibited. Fences and walls behind the building line are subject to existing zoning regulations and are not subject to review by the Historic Preservation Commission. x. Trees The removal of any healthy tree greater than 12 inches in diameter and subject to Sec. 9.1., Tree Protection. 3. Certificate of Exemption The following projects require a certificate of exemption from the Historic Preservation Commission : a. Windows Replacing existing windows. b. Doors Replacing an exterior door. c. Roof Replacement roof materials. d. Exterior Cladding Repair and replacement of siding that exceeds 25% of the total facade surface area, but uses wood, smooth cementitious siding, or matching brick with the matching mortar color, and matches the existing siding width and reveal can be approved administratively and receive a Certificate of Exemption. Repair or replacement of existing siding does not require review as long as the repair does not exceed 25% of the total facade surface area and matches existing cladding material, mortar color, siding width, and reveal. e. Porches Repair or replacement of existing porch elements and materials that requires a change from the existing materials can be approved administratively and receive a certificate of exemption. Porch repair of existing porch elements with wood, brick, or cementitious material that matches in design with the existing porch does not require review is allowed but requires a Certificate of Exemption. Changing an open porch to a screened porch would be excluded from review as long as 5-27

104 ARTICLE 5. SPECIAL AND OVERLAY DISTRICTS Sec Historic Preservation Parkwood Historic District existing design elements are not damaged, removed, or covered. f. Driveways Any change in driveway materials. The use of asphalt is prohibited for residential properties. If there is a property at the time of adoption of this district that uses asphalt the owner will be allowed to repair or replace what currently exists, but cannot increase the total amount of asphalt. g. Front Steps Replacement with in-kind materials. h. Trees The removal of a tree greater than 12 inches in diameter with a letter from a certified arborist stating that it is diseased and hazardous and subject to Sec. 9.1., Tree Protection. i. Fences and Walls Replacement with in-kind materials Fences and wall behind the building are subject to existing zoning regulations and are not subject to review by the Historic Preservation Commission. 4. Zoning Map The designated district will be shown on the official zoning map of the City Parkwood Historic District A. The district known as the Parkwood Historic District is designated as a historic district under the provisions of this chapter. B. The Parkwood Historic District includes the properties listed in Appendix 1. to the UDO. material change in appearance of a property located in the designated district. Exterior paint colors are not subject to review. D. Design criteria for the Parkwood District. The following standards shall be used to determine to determine whether a certificate of appropriateness shall be approved: 1. New Construction Any project that calls for the construction of a new structure(s) on vacant property located within the district boundaries. a. New Principal Structures New structures should respect the existing setback, massing and building materials of historic properties in adjacent blocks and be compatible in design with surrounding historic properties. b. Accessory Structures Any new building over 100 square feet, including garages, must be reviewed and receive a Certificate of Appropriateness. 2. Additions Any additions that change the footprint or roof line of existing structures within the historic district will require full review and a certificate of appropriateness. 3. Demolition or Relocation Any plans for the demolition or relocation of a structure over 100 square feet of gross floor area within the historic district requires the full review of the preservation commission and a certificate of appropriateness. A request for demolition or relocation must include a postproject plan for the property. C. A certificate of appropriateness shall be obtained from the Preservation Commission prior to any 5-28

105 Sec Historic Preservation ARTICLE 5. SPECIAL AND OVERLAY DISTRICTS Parkwood Historic District 4. Alterations to Existing Properties a. Doorways Change in opening size or location only. Replacing an exterior door will not require review. However, property owners are strongly encouraged to repair and retain original doors. If replacement is necessary, the new door should be as close in design to the original door as possible. b. Windows Any change in window openings to include the addition of window openings, the removal of window openings or a change in the size of existing openings will require full review. c. Roofs Any change in the roof shape visible from the street requires full review. Replacement or repair of roof materials would require an administrative review. d. Exterior Cladding Any proposed change in existing exterior cladding requires the full review of the Preservation Commission. 5. Certificate of Exemption A certificate of exemption shall be obtained from the preservation commission for the following projects: a. Windows Replacement of Windows in kind. b. Hardscape/Landscape Changes in landscape and hardscape features can have an impact on the character of a property. The following projects apply to all properties within a the district including historic and non-historic: i. Fences and Walls Planned changes or additions of fences and walls in the front yard area are generally discouraged. However, any proposed changes or additions must meet existing city codes governing this category. ii. Driveways The designated district shall be shown on the official zoning map of the city. e. Porches The addition of any new porch structure visible from the street requires full review. Any proposed changes to historic design elements on existing porches (e.g., replacement of columns or glassing in) visible from the street will require a full review. Changing an open porch to a screened porch would be excluded from review as long as existing design elements are not damaged, removed or covered. 5-29

106 ARTICLE 5. SPECIAL AND OVERLAY DISTRICTS Sec Historic Preservation Maintenance of Historic Properties Maintenance of Historic Properties A. Ordinary Maintenance or Repair Generally Ordinary maintenance or repair of any exterior architectural or environmental feature in or on a historic property to correct deterioration, decay or damage, or to sustain the existing form, and that does not involve a material change in design, material or outer appearance thereof, does not require a Certificate of Appropriateness, but does require a Certificate of Exemption. B. Demolition by Neglect 1. Maintenance and Enforcement Property Owners of historic properties or properties within historic districts shall keep in good repair all exterior and interior portions of their property which, if not so maintained, may cause or tend to cause the exterior or interior portions of such property to decay, or become damaged or otherwise to fall into a state of disrepair. This provision shall be in addition to all other provisions requiring properties be kept in good repair. The Building Official in consultation with the Historic Preservation Commission shall be responsible for the enforcement of this provision. 2. Failure to Maintain; Response by Historic Preservation Commission broken windows, doors and openings which allow the elements and vermin to enter, the deterioration of exterior architectural features, or the deterioration of a building s structural system shall constitute deterioration by neglect. b. Notice to Owner to Remedy; Time Limit If the Historic Preservation Commission determines that a property fails to meet the good repair provisions of Sec B.1., the Historic Preservation Commission will notify the owner of the property and set forth the steps which actions that need to be taken to remedy the situation. The owner of such property will have 30 days in which to comply with the actions set out in the notice. c. Failure by Owner to Remedy If the condition is not remedied in 30 days, the owner shall be punished as provided in Section 1-12 of the Code of Ordinances and, at the direction of the City Commission, the Historic Preservation Commission may perform such maintenance or repair as is necessary to prevent deterioration by neglect. The owner of the property shall be liable for the cost of such maintenance and repair performed by the Historic Preservation Commission. The Historic Preservation Commission shall be charged with the following responsibilities regarding deterioration by neglect: a. Monitoring The Historic Preservation Commission shall monitor the condition of historic properties and existing buildings in historic districts to determine if they are being allowed to deteriorate by neglect. Such conditions as 5-30

107 Sec Downtown Decatur Special Pedestrian Area ARTICLE 5. SPECIAL AND OVERLAY DISTRICTS Purpose Sec Downtown Decatur Special Pedestrian Area Purpose The purpose of these regulations is to improve the downtown Decatur environment in the following ways: A. Encourage, protect and enhance the pedestrian environment. B. Improve the aesthetics of downtown area. C. Provide for parking in a way that does not diminish the pedestrian environment. D. Encourage additional street level activity. E. Promote opportunities for residential and commercial development Application These regulations shall apply to the following properties zoned C-2, PO or I located in the Downtown Decatur Special Pedestrian Area: A. All properties located in the Downtown Decatur Special Pedestrian Area which have frontage on the following streets or street segments: 1. North Candler Street: block 2. Church Street: block 3. Clairemont Avenue: 100 block 300 block 4. Commerce Drive: East/North side block 5. Commerce Drive: West/South side from West Howard Avenue to East College Avenue 6. East Court Square: all 7. Electric Avenue: 100 block 8. East Howard Avenue: all 9. Hillyer Place: 100 block 10. West Howard Avenue: 100 block 11. North McDonough Street: all 12. West Ponce de Leon Avenue: North side block 13. West Ponce de Leon Avenue: South side block 14. East Ponce de Leon Avenue: block 15. Ponce de Leon Place: block 16. Swanton Way: all 17. Sycamore Place: 100 block 18. Sycamore Street: all 19. East Trinity Place: all 20. West Trinity Place: block 21. Waters Street: on the northeast side from West Ponce de Leon to West Trinity Place B. These properties are shown upon the map designated as the Downtown Decatur Special Pedestrian Area. This map and all notations, shall be kept on file with the City Clerk. C. For the purposes of this Section, where two or more properties, lots or parcels are located within the same block or where two or more properties, lots or parcels have frontage on the same side of the street between two intersecting streets, and such properties, lots or parcels are under common ownership or control and/or are being developed in a single development operation or a series of coordinated development operations, such properties, lots or parcels shall be considered as a single property Building Design Standards A. Buildings to Face Street The purpose of this requirement is to encourage the development of buildings that complement 5-31

108 ARTICLE 5. SPECIAL AND OVERLAY DISTRICTS Sec Downtown Decatur Special Pedestrian Area Special Exceptions pedestrian activity in the central business district by providing direct access to the building and business activities from the sidewalk. All properties with frontage on the streets or street segments described in Sec shall be developed with buildings facing said streets or street segments and with the primary building entrance facing onto the sidewalk and street. One -story buildings shall be at least 16 feet in height at the facade facing the street. All Nonresidential buildings shall have commercial uses on the ground floor level facing the street and shall be directly accessible from the street and sidewalk. When direct pedestrian access from the sidewalk to a business is not presently warranted, the building design shall allow for the addition of such access in the future. For the purposes of this Section, commercial use shall mean any retail use, business or professional service, personal service, repair service, or restaurant. B. Parking Areas and Driveways Parking areas or driveways, except for a driveway to reach a side or rear yard or on-site parking facility, are not permitted between the sidewalk and the front of the building. Any permitted driveway shall be perpendicular to any adjacent street. No property shall have more than one curb cut along any of the streets or street segments described in Sec ; provided, however, that a hotel may have a circular driveway in order to provide for the arrival and departure of guests, but shall not increase the number of curb cuts to more than two. Surface parking areas shall not be located along or within 60 feet of any public street or street segment in the Downtown Decatur Special Pedestrian Area. Buildings shall not be set back more than 30 feet from the edge of the street curb. C. Drive-In or Drive-Through Facilities Vehicular access to a drive-in or drive-through use shall not be permitted from a street or street segment in the Downtown Decatur Special Pedestrian Area. D. Multiple-Level Parking Facilities Multiple level parking facilities which have street frontage in the special pedestrian area shall have a minimum setback of 3 feet above the first level. The parking facility shall be designed so that no vehicle or vehicle part may extend beyond the setback line or exterior wall of the facility. E. Cornice Lines Multiple-story buildings of 3 or more stories shall have a cornice line between the second and third stories. F. Transparency Buildings which have street frontage in the special pedestrian area shall have a minimum transparency of 25% of the total area of the first floor elevation Special Exceptions Special exceptions to these requirements may be approved after consideration of the following standards: A. The suitability of the proposed exception in view of the use and development of adjacent and nearby property. B. The effect that the proposed exception will have on the existing use or usability of adjacent or nearby property. C. The impact that the proposed development will have on the public safety, traffic on the public streets, transportation facilities, utilities and other public services. D. The impact that the proposed development will have on established property values and on the health, safety, comfort and general welfare of the residents of the City. E. The economic or marketing impact that these guidelines may have on the property owner or development. 5-32

109 Sec Planned Unit Development District ARTICLE 5. SPECIAL AND OVERLAY DISTRICTS Purpose Sec Planned Unit Development District Purpose The purpose of this article of the Decatur Unified Development Ordinance is to: A. Provide for creative approaches to the development of land. Density Standards Zoning District R-85 R-60 Permitted Use Single-family dwelling Single-family dwelling Single-family dwelling Minimum Lot area per Dwelling (sq. ft.) 15,000 9,000 7,200 B. Provide for the efficient use of land, permitting a more economic arrangement of buildings, circulation systems, land uses and utilities. C. Provide for the development of stable environments that are compatible with surrounding areas of the community Permitted Uses; Minimum Areas RM-18 RM-43 2-family dwelling 4,500 Multiple-family dwelling Single-family dwelling 2,500 7,200 2-family dwelling 4,500 Multiple-family dwelling 1,000 Planned unit developments may be allowed in all zoning districts except the RS-17 and R-50 Districts. However, only those uses permitted in the zoning district in which the proposed development is located shall be permitted in the planned unit development. Except in the R-85 and R-60 Zoning Districts, a planned unit development shall have a minimum area of at least 1 acre. In the R-85 and R-60 Zoning Districts, a planned unit development shall have a minimum area of at least 2 acres Density Standards The number of dwelling units permitted in a planned unit development in any residential zoning district shall be determined by dividing the net development area by the minimum lot area per dwelling for the zoning district in which the proposed planned unit development is located, as described in the table below. Lot sizes permitted in planned unit developments may be smaller than the minimum lot size required in the zoning district in which the planned unit development is located Development Standards A. Site Planning Site planning in the proposed planned unit development shall give consideration to topography, the location of structures, screening, setbacks and street design in the evaluation of the relationship of the development to its surrounding areas. B. Service and Emergency Access Access and circulation shall adequately provide for firefighting equipment, service deliveries and refuse collection. C. Underground Utilities Planned unit developments shall provide for underground installation of all utilities, including telephone, electric power and cable television in both public and private rights-of-way, except when extreme conditions of underlying rock or other conditions make this requirement unreasonable. Provision shall be made for acceptable design and construction of storm sewers and storm water retention facilities, as required under Sec

110 ARTICLE 5. SPECIAL AND OVERLAY DISTRICTS Sec Planned Unit Development District Application for Approval D. Pedestrian Ways Walkways shall form a logical, safe and convenient system for pedestrian access to all dwelling units and other buildings and facilities. Walkways to be used by substantial numbers of children shall be so located and safeguarded as to minimize contacts with normal automotive traffic. Walkways that are appropriately located, designed and constructed may be combined with other easements and used by emergency and service vehicles, but shall not be used by other automotive traffic. E. Light, Air and Recreation The planned unit development shall be so designed as to provide adequate improvements for the light, air and recreation needs of the project when fully developed. A minimum of 5% of the planned unit development site area must be designated as outdoor amenity space (see Sec ) F. Covenants The planned unit development shall include such covenants and legal provisions as will assure conformity to the achievement of the plan. G. General Standards for Approval Planned unit developments may be approved subject to such conditions as may be imposed in order to mitigate impacts which may be expected without the imposition of conditions. The following general standards shall be considered in determining whether the planned unit development shall be approved: 1. Is the proposed development suitable in view of the use and development of adjacent and nearby property? 2. Does the proposed development adversely affect the existing use or usability of adjacent or nearby property? 3. Does the proposed development result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? 4. Are there other existing or changing conditions which, because of their impact on the public health, safety, morality and general welfare of the community, give supporting grounds for either approval or disapproval of the proposed development? Application for Approval A. Ownership An application for approval of a planned unit development may be filed by a person, firm, partnership, corporation, or other entity having an interest in the property, or a contract to purchase or option to purchase an interest in the property to be developed. However, no building permit shall be issued until the applicant provides satisfactory evidence of ownership of an interest in the property. B. Procedure An application for approval of a planned unit development shall be filed with the Zoning Administrator at least 30 days prior to the date on which it is to be heard by the Planning Commission. An application for a planned unit development affecting the same property shall not be accepted more than once every 12 months, said interval to begin with the date of a final decision by the City Commission. Each application shall be accompanied by a plat containing the following information: 1. North arrow, scale, block and lot numbers, land lot numbers and adjacent streets and structures. 2. Proposed street rights-of-way, utility and all other easements. 3. Comprehensive site plan showing location of existing and proposed buildings and structures, 5-34

111 Sec Planned Unit Development District ARTICLE 5. SPECIAL AND OVERLAY DISTRICTS Application for Approval significant vegetation, parking areas, service, recreational and other special use areas, each clearly marked or titled to indicate specific uses. 4. Boundary and topographic survey with 2-front contour interval prepared by a qualified surveyor registered to practice in the State of Georgia. 5. All other information necessary to show that the proposed planned unit development shall comply with the development standards of Sec C. Subdivision Ordinance If the proposed planned unit development is to be subdivided, then the application for approval of the planned unit development shall include all information required for the conditional approval of a subdivision under Sec D. Review The application for approval of the planned unit development shall be reviewed for compliance with applicable statutes and ordinances by the building official, city engineer, fire marshal and Zoning Administrator prior to action by the Planning Commission. The building official shall prepare a report for the Planning Commission on the status of the plan s compliance with applicable statutes and ordinances, and the adequacy of access for firefighting equipment, service deliveries and refuse collection. E. Hearing by the Planning Commission The Zoning Administrator shall publish notice of the time and place of a public hearing in a locally distributed newspaper of general circulation, and shall post notice by placard on the location of the proposed planned unit development. Notices shall be published and posted no later than 2 weeks before the public hearing. F. Action by the Planning Commission The Planning Commission shall have 45 days following the date of the public hearing to submit its recommendation to the City Commission. If the Planning Commission fails to submit a recommendation within the 45-day period it shall be deemed to have approved the proposed planned unit development. Applicants may submit to the Zoning Administrator any conditions, alterations, changes, or amendments to an application for approval of a planned unit development up to 7 days prior to the date at which the application is to be considered by the Planning Commission. If such conditions, alterations, changes or amendments have not been submitted as required by this subsection, the Planning Commission may, at its discretion, defer action on the application until its next regular meeting. G. Action by the City Commission The City Commission, after receiving the recommendation of the Planning Commission, may act at a regular or called meeting. Before approving an application for a planned unit development, the City Commission must find that the facts submitted with the application and presented at the public hearing establish that the proposed planned unit development meets the development standards required in Sec If from the facts presented the City Commission is unable to make the necessary findings, the application shall be denied. H. Fee Each application submitted shall be accompanied by a fee as set forth in the schedule of fees and charges to partially cover the cost of advertising, field investigations and other expenses involved in processing such application, and under no condition shall said sum or any part thereof be refunded for failure of such application to be approved. 5-35

112 ARTICLE 5. SPECIAL AND OVERLAY DISTRICTS Sec Planned Unit Development District Application for Approval 5-36

113 ARTICLE 6. USE PROVISIONS Article 6. Use Provisions Sec Use Classification Classification of Uses Principal Uses Not Listed Use Table Key Sec Allowed Use Table Sec Residential Uses Household Living Group Living Social Services Sec Public Uses Civic Parks and Recreation Public Utilities Sec Commercial Uses Alcohol Sales Day Care Indoor Recreation Medical Office Outdoor Recreation Overnight Lodging Parking Personal Services Eating and Drinking Retail Sales Vehicle Service, Repair Vehicle Sales/Rental Sec Industrial Uses Light Industrial Light Manufacturing Research and Development Self-Service Storage Warehouse and Distribution Sec Open Uses Agricultural

114 ARTICLE 6. USE PROVISIONS Sec Accessory Uses In General Accessory Uses Not Listed Standards for Specific Accessory Uses Sec Temporary Uses Construction Buildings Open Air Seasonal Sales Portable Storage Container

115 Sec Use Classification ARTICLE 6. USE PROVISIONS Classification of Uses Sec Use Classification Classification of Uses No building shall be erected, converted, enlarged, reconstructed, moved, structurally altered or used, except for a use permitted in the district in which the building is located. A. Principal Uses 1. In order to regulate a variety of similar uses, use categories have been established for principal uses. Use categories provide a systematic basis for assigning uses to appropriate categories with other, similar uses. Use categories classify principal uses and activities based on common functional, product or physical characteristics. 2. Where a use category contains a list of included uses, the list is to be considered example uses, and not all-inclusive. The Zoning Administrator is responsible for categorizing uses as set out in Sec The allowed use table in Sec establishes permitted uses by district. No land shall be used except for a purpose permitted in the district in which it is located. 4. Use category definitions are provided in Sec through Sec B. Accessory Uses 1. An accessory use is any use that is subordinate in both purpose and size, incidental to and customarily associated with a permitted principal use located on the same lot. 2. No accessory use or structure shall be located, constructed or moved upon a lot until the construction of the main building has commenced. No accessory structure shall be used unless the main building is in use. 3. Standards for accessory uses are specified in Sec C. Temporary Uses 1. A temporary use is a use that is in place for a limited period of time only. 2. Requirements for temporary uses are specified in Sec Principal Uses Not Listed A principal use not specifically listed is not allowed unless the Zoning Administrator determines the use to be part of a use category as described below. A. The Zoning Administrator is responsible for categorizing all principal uses. If a proposed use is not listed in a use category, but is similar to a listed use, the Zoning Administrator may consider the proposed use part of that use category. When determining whether a proposed use is similar to a listed use, the Zoning Administrator must consider the following criteria: 1. The actual or projected characteristics of the proposed use; 2. The relative amount of site area or floor area and equipment devoted to the proposed use; 3. Relative amounts of sales; 4. The customer type; 5. The relative number of employees; 6. Hours of operation; 7. Building and site arrangement; 8. Types of vehicles used and their parking requirements; 9. The number of vehicle trips generated; 10. How the proposed use is advertised; 11. The likely impact on surrounding properties; and 6-3

116 ARTICLE 6. USE PROVISIONS Sec Use Classification Use Table Key 12. Whether the activity is likely to be found independent of the other activities on the site. B. Where a use not listed is found by the Zoning Administrator not to be similar to any other permitted use, the use is only permitted following a text amendment Use Table Key A. Permitted Use (P) Indicates a use is permitted in the respective district. The use is also subject to all other applicable requirements of the UDO. B. Limited Use (L) Indicates a use is permitted in the respective district, subject to a use standard found in the right-hand column of the use table. The use is also subject to all other applicable requirements of the UDO. C. Conditional Use (C) Indicates a use may be permitted in the respective district only after a public hearing by the Planning Commission and approval by the City Commission. Conditional uses are subject to all other applicable requirements of this UDO, including any applicable use standards, except where the use standards are expressly modified by the City Commission as part of the approval. D. Use Not Permitted (--) Indicates that a use is not permitted in the respective district. 6-4

117 Sec Allowed Use Table ARTICLE 6. USE PROVISIONS Use Table Key Sec Allowed Use Table Residential Uses All household living, as listed below: Single-family detached dwelling Accessory dwelling unit (ADU) Single-family attached dwelling R-85 R-60 R-50 RS-17 RM-18 RM-22 RM-43 PO NMU C-1 C-2 C-3 MU I Def./Stds P P P P P P P P C L L L -- L L L L P P P P P -- C C -- P Two-family dwelling P P P P C Multiple-family dwelling Downtown multiple dwelling P P P P L C L C P C L Home occupation L L L L L L L L L L L L L L Live-work L L L L L L Lifecycle dwelling C C C All group living, as listed below: Assisted living facility, nursing home Personal care home (2-4 residents) Personal care home (5-15 residents) Personal care home (16-24 residents) Roominghouse, boardinghouse P P P P C C P P P L L L L L L L L C C C C -- C L L L L C C C C -- C C L C C C C -- C L L L L All social services C Public Uses All civic, except as listed below: College, university, seminary Office, governmental, civic, charitable organization P P P -- P P P P P P P P P C C C Place of worship L L L L L L L P P P P P P P Police, fire, EMS station P P P P P P P P P P P P P C Key: P = Permitted Use L = Limited Use C = Conditional Use -- = Not a Permitted Use 6-5

118 ARTICLE 6. USE PROVISIONS Sec Allowed Use Table Use Table Key R-85 R-60 R-50 RS-17 RM-18 RM-22 RM-43 PO NMU C-1 C-2 C-3 MU I Def./Stds School, private (K-12) C C C -- C C C C C C School, public (K-12) P P P -- P P P P C C All parks and recreation All public utilities, except as listed below: P P P P P P P P -- P P P P P P P P P P P P P P P P P P P Antenna L L L L L L Telecommunications tower Commercial Uses All day care, except as listed below C C L -- C L -- L L L L L C Family day care home L L L All indoor recreation, except as listed below: C L P P P P Adult entertainment C All medical, except as listed below: Hospital, infirmary, sanitarium All office, except as listed below: Radio, television studio C L P P P P C C L P P P P P P All outdoor recreation C All overnight lodging, except as listed below: P P P Bed and breakfast L L L -- L L L L L All parking, as listed below: Commercial parking C -- C Remote parking C C C C C All personal services, except as listed below: L P P P P Animal care L L L L Cleaning, carpet cleaning, dry-cleaning Fortunetelling and related practices All eating and drinking, as listed below: Restaurant without drive-through Restaurant with drivethrough L L L P L L P P P P P Key: P = Permitted Use L = Limited Use C = Conditional Use -- = Not a Permitted Use 6-6

119 All retail sales, except as listed below Pawnshop, payday/ title loans, check cashing Sec Allowed Use Table ARTICLE 6. USE PROVISIONS Use Table Key R-85 R-60 R-50 RS-17 RM-18 RM-22 RM-43 PO NMU C-1 C-2 C-3 MU I Def./Stds L P P P P P Fuel sales, gas station All vehicle service, repair All vehicle sales, rental, as listed below: L L Vehicle rental P P P P Vehicle sales, leasing P Industrial Uses All light industrial C All light manufacturing L L All research and development P P P All self-service storage C All warehouse and distribution Open Uses All agricultural uses, as listed below: C Community garden P P P P P P P P P P P P P Market garden, small (<5,000 SF) Market garden, medium (5,000 SF - 2 acres) Market garden, large (>2 acres) P P P P P P P P P P C C C P P P P P P P C -- C P P P P Key: P = Permitted Use L = Limited Use C = Conditional Use -- = Not a Permitted Use 6-7

120 ARTICLE 6. USE PROVISIONS Sec Residential Uses Household Living Sec Residential Uses Household Living A. Defined Residential occupancy of a dwelling unit by a household. Household living includes the following: 1. Single-family detached dwelling. 2. Accessory dwelling unit (ADU). 3. Single-family attached dwelling. 4. Two-family dwelling. 5. Multiple-family dwelling. 6. Home occupation. 7. Live-work. 8. Lifecycle dwelling. B. Single-Family Attached, Multiple-Family Dwelling 1. NMU Where a multiple-family dwelling is allowed as a limited use, it is allowed only in the upper stories of a mixed use building. A lobby or other entrance is allowed on the ground floor. 2. C-1 Where a single-family attached or multiple-family dwelling is allowed as a limited or conditional use in C-1, ground floor residential cannot be visible from a public street and must be located behind space constructed for nonresidential occupancy. There are no restrictions on upper floors. nonresidential residential 3. C-2 Where a single-family attached or multiple-family dwelling is allowed as a limited or conditional use in C-2, ground floor residential cannot be visible along the following streets and must be located behind space constructed for nonresidential occupancy. a. Ponce de Leon Avenue (entire portion); b. Church Street (from Trinity Place to Commerce Drive); c. East Courthouse Square (entire portion); and d. Sycamore Street (from McDonough Street to Church Street). C. Downtown Multiple Dwelling 1. Development Standards a. Minimum lot area: One acre Exceptions to the minimum lot area may be approved after public hearing by the Planning Commission and approval of the City Commission. b. Minimum lot area per family: 1,000 square feet for buildings of three or less stories; 620 square feet for buildings of four or more stories. 2. Supplemental Standards for Approval a. Open space. The proposed development shall provide a minimum of 5% outdoor amenity space for residents and other tenants. b. Parking. Parked vehicles shall be screened from view from the public right-of-way. Vehicular parking for the proposed development shall be: i. Underground; Street Street 6-8

121 Sec Residential Uses ARTICLE 6. USE PROVISIONS Household Living ii. Effectively screened by retail or residential space; e. The nonresidential use of the unit is limited to the use allowed in the zoning district. iii. Effectively screened by a combination of architectural and landscape features (a minimum of 60% of the parking facility wall area must be screened); or iv. Effectively screened by landscape treatment (a minimum of 60% of the parking facility wall area must be screened). c. Ingress and egress. The proposed points of vehicular ingress and egress must maintain or improve existing traffic patterns and provide safe and convenient access for bicyclists and pedestrians. Site utilities. All utilities for the proposed development shall be underground. D. Live-Work 1. Defined Nonresidential activity conducted wholly within a residential dwelling that allows employees, customers, clients or patrons to visit. 2. Standards Where a live-work is allowed as a limited use, it is subject to the following: a. Live-work is only permitted in units with street level access. b. A minimum of one person must occupy the live-work unit as their primary place of residence. c. The live-work unit may employ no more than two persons not living on the premises at any one time. d. No business storage or warehousing of material, supplies or equipment is permitted outside of the live-work unit. f. No equipment or process may be used in connection with the live-work unit that creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses, off the premises. g. No more than 5 customers are permitted on the premises at any one time. E. Residential Conditional Use Permit When a residential use is allowed as a conditional use, the following items shall be considered in determining whether the residential use shall be approved: 1. The suitability of the proposed residential use in view of the use and development of adjacent and nearby properties. 2. The impact that the proposed residential use will have on the public safety, traffic on the public streets, transportation facilities, utilities, and other public services. 3. The impact that the proposed residential use will have on established property values and on the health, safety, comfort and general welfare of the residents of the City. 4. The use standards of Sec C. apply. F. Lifecycle Dwelling Where a lifecycle dwelling requires a conditional use permit, it is subject to the following: 1. The maximum number of dwellings permitted may be increased by up to 20% for if dwellings in the development are designated as lifecycle dwellings. 2. A minimum of 75% of the additional dwellings permitted under this Section shall be designated as lifecycle dwellings. The following standards 6-9

122 ARTICLE 6. USE PROVISIONS Sec Residential Uses Group Living shall be considered in determining whether the density increase shall be approved: a. The suitability of the proposed increase in view of the use and development of adjacent and nearby properties. b. The impact that the proposed increase will have on the existing use or usability of adjacent or nearby properties. c. The impact that the proposed increase will have on the public safety, traffic on the public streets, transportation facilities, utilities and other public services. d. The impact that the proposed increase will have on established property values and on the health, safety, comfort and general welfare of the residents of the City. e. The impact that the proposed increase will have in providing housing opportunities for persons and families of moderate income, the elderly, employees of public agencies and local business and similar classes Group Living A. Defined Residential occupancy of a structure by a group of people that does not meet the definition of household living. Generally, group living facilities have a common eating area for residents, and residents may receive care or training. Group living includes the following: 1. Assisted living facility, nursing home. 2. Personal care home. 3. Roominghouse, boardinghouse. B. Personal Care Home, Assisted Living Facility, Nursing Homes 1. All Facilities Where a personal care home, assisted living facility or nursing home is allowed as a limited use or requires a conditional use permit, it is subject to the following: a. Persons seeking to operate such a facility must file a permit application with the City along with any fees established by the City Commission. b. Each permit application shall include an affidavit that the applicant either has applied for or will immediately apply for the corresponding permit or authorization for the operation of the facility from the State of Georgia Department of Community Health in accordance with its rules and regulations and the affidavit shall also certify that the proposed facility will meet and be operated in conformance with all applicable state and federal laws and regulations and with all codes and regulations of the City. c. All application forms and information submitted to the State of Georgia Department of Community Health shall be submitted with the City permit application. d. The Zoning Administrator may require clarification or additional information from the applicant that is deemed necessary to determine whether operation of the proposed home will meet applicable laws, regulations and development standards. e. If the Zoning Administrator determines that an application to operate the facility is in compliance with the applicable requirements, the Zoning Administrator shall approve the application for a permit, but the permit for operation shall not be issued 6-10

123 Sec Residential Uses ARTICLE 6. USE PROVISIONS Social Services until the applicant has obtained the corresponding permit or authorization for operation of the facility from the State of Georgia Department of Community Health. f. No permit for the operation of the facility shall be transferable. g. No facility shall be operated without both a valid permit from the City and a valid license from the State of Georgia Department of Community Health. h. No such facility shall be located within 1,000 feet of any other such facility, said distance to be measured in a straight line from the closest property lines upon which each facility is located. i. All such 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 such facilities, whichever is greater. j. No signs shall be permitted other than those permitted by the regulations of the zoning district within which such facility is located. b. The impact that the proposed facility will have on the public safety, traffic on the public streets, transportation facilities, utilities, and other public services. c. The impact that the proposed facility will have on established property values and on the health, safety, comfort and general welfare of the residents of the City. C. Roominghouse, Boardinghouse Where a roominghouse or boardinghouse is allowed as a limited use, the minimum floor area of each bedroom must be 80 square feet of usable floor area per occupant. Usable floor area is defined as floor area under a ceiling at least eight 8 feet in height Social Services A. Defined A facility that provides treatment for persons who present a direct threat to the persons or property of others. Includes persons convicted for illegal manufacture or distribution of a controlled substance, sex offenders, and juvenile offenders. Also includes facilities that provide transient housing related to post-incarceration and social service programs. 2. Personal Care Home, Assisted Living, Nursing Home Requiring a Public Hearing When a personal care home, assisted living facility or nursing home requires a conditional use permit, the following items shall be considered in determining whether the facility shall be approved: a. The suitability of the facility in view of the use and development of adjacent and nearby properties. 6-11

124 ARTICLE 6. USE PROVISIONS Sec Public Uses Civic Sec Public Uses Civic A. Defined Places of public assembly that provide ongoing governmental, life safety, educational and cultural services to the general public, as well as meeting areas for religious practice. Civic includes the following: 1. Art gallery, public. 2. College, university, seminary. 3. Library, museum, public. 4. Office, governmental, civic or charitable organization. 5. Place of worship, including church, mosque, synagogue, temple. 6. Police, fire or EMS station. 7. Post office. 8. School, private (K-12). 9. School, public (K-12). B. Place of Worship Where a place of worship is allowed as a limited use, it is subject to the following: 1. Shall comply with the minimum front and rear yard requirements for the zoning district in which they are located and shall have a 25-foot side yard. 2. No required front yard shall be used for the purpose of parking or loading. 3. Coverage of property shall be limited to 50%. In addition to coverage by buildings, coverage by parking areas, drives, walkways and other paved or graveled surfaces shall be included in determining the percentage of coverage. C. School, Private (K-12) Where a private school (K-12) requires a conditional use permit, it is subject to the following: 1. Development Standards a. Minimum Lot Area i. Elementary schools: 4 acres. ii. Middle or junior high schools: 8 acres. iii. High schools: 15 acres. b. Minimum Frontage 100 feet. c. Minimum Building Setbacks i. From property lines from adjoining residential uses: 50 feet. ii. From property lines for parking areas and driveways: 25 feet. d. Special Exceptions A special exception to any of these development standards may be approved as part of the school s comprehensive site development plan after consideration of the standards for approval described in Sec Supplemental Standards for Approval In addition to the standards described in Sec , the following standards shall be considered in determining whether the proposed development shall be approved: a. Adequacy of Site Is the site adequate for the proposed development and use? 6-12

125 Sec Public Uses ARTICLE 6. USE PROVISIONS Parks and Recreation b. Buildings Are the scale and size of the proposed buildings appropriate in relation to the site and the adjacent and nearby properties? c. Vehicular Access, Circulation and Off-Street Parking and Loading i. Is the public street on which the proposed development is to be located adequate to allow estimated traffic? ii. Is ingress and egress to the proposed development adequate so as to minimize traffic congestion? iii. Is parking located to the rear of the proposed development and effectively screened? iv. Is there adequate access for fire and other emergency vehicles? d. Buffers Are buffers and other screening measures adequate to protect adjacent residential uses from noise, lighting and other impacts? e. Garbage Disposal i. Are garbage disposal and refuse collection areas adequate? ii. Are they located and screened to minimize impacts on adjacent residential properties? 3. Standards for Approval; Conditional Zoning The standards described in Sec shall be considered in determining whether the proposed use shall be approved. Such use may be approved subject to such conditions as may be imposed in order to mitigate impacts which may be expected without the imposition of conditions and may be regulated in the same manner as provided in Sec Supplemental Application Requirements Each application shall be accompanied by plans which shall include the following: a. Written Description of the Proposed Development At a minimum, such description shall provide a summary of the scope and main features of the proposed development, including hours and manner of operation, and shall address standards for approval described in Sec C.2. and Sec C.3. above. b. Comprehensive Site Development Plan At a minimum, such plan shall include all existing and proposed buildings and structures and their location on the property, heights of proposed buildings, proposed use of each building, all driveways, parking areas and loading areas, location of garbage disposal facilities and proposed buffers Parks and Recreation A. Defined Uses focusing on natural areas consisting mostly of vegetation, passive or active outdoor recreation areas, and having few structures. Parks and recreation includes the following: 1. Cemetery. 2. Open space. 3. Park, playground, recreation field. 4. Public land. 6-13

126 ARTICLE 6. USE PROVISIONS Sec Public Uses Public Utilities Public Utilities A. Defined Public or private infrastructure, including but not limited to water, sewer, gas, electric, telephone, Internet, cable and other similar services serving the community. Public utilities includes the following: 1. Antennas. 2. Communications tower. Neighborhood-serving cable, telephone, gas, or electric facility. 3. On-site stormwater retention or detention facility. 4. Water or wastewater pump or lift station. B. Antennas and Telecommunication Towers Telecommunication towers and antennas may be erected and operated as permitted in the district regulations and in accordance with the policies and procedures described in this Section. Except in RM- 43, and unless otherwise exempt, no communication tower or antenna shall be erected in a residential zoning district. 1. Development Standards a. All Districts (Where Allowed) i. Co-Located Antennas Antennas that are attached or affixed to lawful existing telecommunications support structures in a manner that negates the need to construct a new freestanding wireless support structure and that comply with the requirements of O.C.G.A B-4 as amended shall be authorized as: a limited use in those districts within which such towers are authorized if such co-location application is subject to the streamlined process of said state statute, subject to compliance with the provisions of this Section, or; a conditional use if so required in the district within which such towers is requested, subject to compliance with the provisions of this Section. Fees for co-location applications shall not exceed $ Decisions on co-located antennas shall be made according to the applicable procedure within 90 calendar days of the date a completed application was filed and shall be in writing. The Zoning Administrator shall have 30 days from the date of application to determine if an application is complete and shall notify the applicant in writing of any additional materials required. If so notified, the time within which such information is being provided by the applicant shall not count against the 90 day decision period herein. Where authorized, building-mounted antennas must be visually screened from view from all abutting properties. ii. Federal and State Law The regulations of this Section must be applied within the procedural and regulatory constraints of applicable federal and state telecommunications statutes. iii. Application Materials Applications shall be made on forms prepared by the Zoning Administrator and shall contain all required documents and information required to analyze the application in accordance with the required criteria. iv. Decisions on New Towers Final decisions on applications for new telecommunication support structures shall be in writing and be supported by a written record documenting the rea- 6-14

127 Sec Public Uses ARTICLE 6. USE PROVISIONS Public Utilities sons for the denial and the evidence in support of the decision. Such decisions shall be made within 150 calendar days of the date of complete application, unless another date is agreed to by the applicant and the Administrator in writing. The Zoning Administrator shall have 30 days from the date of application to determine if an application is complete and shall notify the applicant in writing of any additional materials required. If so notified, the time within which such information is being provided by the applicant shall not count against the 150-day decision period herein. b. Antennas in RM-43, C-1, C-2, C-3, MU and I Antennas may be located on existing structures, including but not limited to buildings, light poles, water towers, communications towers or other freestanding structures, provided that the existing structure is at least 50 feet in height and the antenna is no more than 10 feet higher than the highest point of the existing structure and is screened as provided in this Section. c. Telecommunication Towers i. Telecommunication towers must be set back at least 200 feet or the height of the tower, whichever is greater, from any property line, unless a greater setback is expressly required as part of conditional use permit approval. ii. Telecommunication towers must be painted a neutral color, so as to reduce visual obtrusiveness. These color and design requirements do not apply to alternative tower structures. iii. At a tower site, the design of the buildings and related structures must, to the maximum extent possible, use materials, colors, textures, screening and landscaping that will blend the tower facilities to the natural setting and built environment. iv. Towers may not be artificially lighted, unless required by the Federal Aviation Administration, Federal Communications Commission or other applicable authority. If lighting is required, it must be done in a way that minimizes the disturbance to surrounding views. v. Telecommunications towers must be entirely enclosed by a security fence of at least six feet in height. Towers must be equipped with an anti-climbing device. This requirement does not apply to alternative tower structures, provided equivalent alternative security measures are installed. vi. In addition to any other landscaping or buffer requirements that may apply, telecommunications towers must be landscaped with plant material that effectively screens the tower site from adjacent uses. Existing tree growth and natural land forms on-site must be preserved to the maximum extent possible. At a minimum, a landscaped strip ten feet in width must be provided around the perimeter of the tower site. vii. Telecommunication towers must be constructed to the minimum height necessary to accomplish their required telecommunications purpose. viii. The environmental effects of radio frequency emissions may not serve as a basis to approve, deny or otherwise regulate a telecommunications tower to the extent that emissions comply with 6-15

128 ARTICLE 6. USE PROVISIONS Sec Public Uses Public Utilities Federal Communications Commission regulations. ix. Each applicant requesting approval of a telecommunications tower must provide to the Zoning Administrator as a part of the application an inventory of its existing towers that are either within the city or within one-quarter mile of the city boundaries, including information regarding the location, height and design of each tower. x. No new telecommunication tower may be permitted unless the applicant demonstrates that no existing tower or structure can accommodate the applicant s proposed antenna. Evidence must be submitted at the time of application demonstrating that no existing tower or structure can accommodate the applicant s proposed antenna and may consist of one or more of the following: (a) No existing towers or structures are located within the geographic area required to meet applicant s engineering requirements; (b) Existing towers or structures are not of sufficient height to meet applicant s engineering requirements; (c) Existing towers or structures do not have sufficient structural strength to support applicant s proposed antenna and related equipment; (d) The applicant s proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant s proposed antenna; (e) The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable; or (f) There are other limiting factors that render existing towers and structures unsuitable. xi. The placement of additional buildings or other supporting equipment necessarily required in connection with an otherwise authorized telecommunication tower or antenna is authorized. xii. Any telecommunications antenna or tower that is not operated for a continuous period of six months will be considered abandoned, and the owner of such antenna or tower must remove the antenna or tower within 90 days of receipt of notice from the city. 2. Conditional Land Use Permit Approval Criteria In reviewing and acting on conditional land use permit applications for telecommunication towers, the Planning Commission and City Commission must consider the following factors in addition to the generally applicable conditional land use permit approval criteria: a. Height of the proposed tower; b. Proximity of the tower to residential structures; c. Nature of uses on adjacent and nearby properties; d. Surrounding topography; 6-16

129 Sec Public Uses ARTICLE 6. USE PROVISIONS Public Utilities e. Surrounding tree cover and foliage; f. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; and g. Compliance with telecommunication tower regulations of this Section. h. Exemptions These regulations shall not apply to the following: i. Towers and/or antennas less than 70 feet in height and owned and operated by a federally licensed amateur radio operator. ii. Receive-only antennas. iii. Satellite dish antennas. iv. Towers and antennas operated by local, state or federal government for a necessary governmental function. 6-17

130 ARTICLE 6. USE PROVISIONS Sec Commercial Uses Alcohol Sales Sec Commercial Uses Alcohol Sales A. Defined The sales of any kind of alcoholic beverage regulated by the state of Georgia. This definition includes all alcohol, distilled spirits, beer, malt beverage, wine or fortified wine. B. Standards Standards for Alcohol Sales are found in Chapter 6 of the Code of Ordinances Day Care A. Defined A facility providing care, protection and supervision of children or adults on a regular basis away from their primary residence. Care is provided to a given individual for less than 24 hours a day. Day care includes the following: 1. Adult day care center. 2. Day care center. 3. Family day care home. 4. Nursery school. After-school program. B. Use Standards 1. In General a. Where a day care is allowed as a limited use or requires a conditional use permit, a minimum of 150 square feet of outdoor area per child or adult must be provided and a fence of at least 4 feet high must be provided around the outdoor area. b. Where a day care requires a conditional use permit, the following items shall be considered in determining whether the day care shall be approved i. The suitability of the proposed facility in view of the use and development of adjacent and nearby properties. ii. The impact that the proposed facility will have on the public safety, traffic on the public streets, transportation facilities, utilities, and other public services. iii. The impact that the proposed facility will have on established property values and on the health, safety, comfort and general welfare of the residents of the City. 2. Family Day Care Home Family Day Care Homes may be established and operated in the City in accordance with the following policies and procedures: a. Family day care homes shall be operated only in zoning districts in which such homes are allowed as permitted use. b. Persons seeking to operate a family day care home in the City must file an application with the City along with any fees established by the City Commission. Each family day care home application shall include a description of the program, an affidavit that the applicant has applied for the required approval from the Georgia Department of Early Care and Learning and the affidavit shall also certify that the proposed family day care home will meet and be operated in conformance with all state, federal and local laws and regulations. The Zoning Administrator may require clarification or additional information from the applicant that is deemed necessary to determine whether operation of the proposed day care will meet applicable laws, regulations and development standards. 6-18

131 Sec Commercial Uses ARTICLE 6. USE PROVISIONS Indoor Recreation c. After the Zoning Administrator determines that the application is complete, the subject property shall be posted by placard for 15 days in a conspicuous location notifying the public that an application to establish a family home day care center has been filed with the city. The placard shall include information on where and when the pending application can be viewed. The Zoning Administrator shall keep a record of any comments submitted about the application during the 15 day advertisement period. No application shall be approved without the 15 day advertisement period. d. If the Zoning Administrator determines an application to operate a family day care home is in compliance with the applicable requirements, the Zoning Administrator shall approve the application for permit, but the Certificate of Occupancy or approval for operation shall not be issued until the applicant has submitted proof of registration or authorization from the Georgia Department of Early Care and Learning to operate the day care. e. Family day care homes must have a business license with the City. f. No permit for the operation of a family day care home shall be transferable Indoor Recreation A. Defined A commercial facility, varying in size, providing daily or regularly scheduled recreation-oriented activities in an indoor setting. Indoor recreation includes the following: 1. Adult entertainment. 2. Amusement center, game/video arcade. 3. Art, music, dance, and photographic studio. 4. Assembly hall, auditorium, meeting hall. 5. Billiard parlor. 6. Bowling alley, Club, lodge. 7. Gym, health spa, yoga studio. 8. Ice, roller skating rink. 9. Indoor sports facility. 10. Inflatable playground, trampoline park. 11. Miniature golf facility. 12. Movie theater, playhouse, live performance venue. B. Standards 1. Adult Entertainment No adult entertainment establishment shall be located within 200 yards of the property line of any place of worship, public park, public library, public housing development, hospital, public or private school, college or seminary, recreation center or private residence, unless such private residence is located in the C-3 zoning district. This distance requirement shall be measured in a straight line from the closest portion of the property line upon which the adult entertainment establishment is located to the closest portion of the property line of said listed uses. 2. NMU Use Standards Where indoor recreation is allowed as a limited use, it is subject to the following: a. No building can exceed a total floor area of 10,000 square feet. b. No use or establishment can exceed a floor area of 2,000 square feet. c. All allowed indoor recreation uses must be located on the ground floor. 6-19

132 ARTICLE 6. USE PROVISIONS Sec Commercial Uses Medical d. Hours of operation can begin no earlier than 6 AM and end no later than 11 PM, including all deliveries Medical A. Defined A facility providing medical or surgical care to patients. Some facilities may offer overnight care. Medical includes the following: 1. Ambulatory surgical center, outpatient surgery center. 2. Hospital, infirmary, sanitarium. 3. Medical, dental, chiropractic clinic. 4. Medical, dental laboratory. 5. Urgent care, emergency medical office. B. Standards 1. Hospital, Infirmary, Sanitarium a. Where a hospital, infirmary or sanitarium requires a conditional use permit, the following items shall be considered in determining whether the use shall be approved: i. Shall not include facilities for long-term custodial care of the mentally ill. ii. Shall have prior approval of the county health department. iii. Shall provide a visually solid fence or dense planted buffer on any side abutting residential use. b. The following conditions apply to hospitals, infirmaries or sanitariums in all districts permitting such uses: i. Shall not include facilities for long-term custodial care of the mentally ill. ii. Shall have prior approval of the county health department. iii. Shall provide a visually solid fence or dense planted buffer on any side abutting residential use. 2. NMU Use Standards Where medical is allowed as a limited use, it is subject to the following: a. No building can exceed a total floor area of 10,000 square feet. b. No use or establishment can exceed a floor area of 2,000 square feet. c. All allowed medical uses must be located on the ground floor. d. Hours of operation can begin no earlier than 6 AM and end no later than 11 PM, including all deliveries Office A. Defined A facility used for activities conducted in an office setting and generally focusing on business, professional or financial services. Office includes the following: 1. Business or professional office including, but not limited to, lawyer, accountant, auditor, bookkeeper, engineer, architect, sales office, travel agency, interior decorator or security system services. 2. Call center. 3. Counseling in an office setting. 4. Financial services including but not limited to, lender, investment or brokerage house, bank, credit union, bail bonds, insurance adjuster, real estate or insurance agent, mortgage agent, or collection agency. 6-20

133 Sec Commercial Uses ARTICLE 6. USE PROVISIONS Outdoor Recreation 5. Radio, television studio. 6. Trade, vocation, business school. B. NMU Use Standards Where office is allowed as a limited use, it is subject to the following: 1. No building can exceed a total floor area of 10,000 square feet. 2. No use or establishment can exceed a floor area of 2,000 square feet. 3. All allowed office uses must be located on the ground floor. 4. Hours of operation can begin no earlier than 6 AM and end no later than 11 PM, including all deliveries. 5. Drive-through or drive up service is not permitted Outdoor Recreation A. Defined A commercial facility, varying in size, providing daily or regularly scheduled recreation-oriented activities. Activities take place predominately outdoors or within outdoor structures. Outdoor recreation includes the following. 1. Drive-in theater. 2. Golf driving range, 3. Miniature golf facility. 4. Outdoor sports field/court. 5. Outdoor theater Overnight Lodging A. Defined 1. Bed and breakfast 2. Hotel, motel, tourist home, lodging. B. Bed and Breakfast Where bed and breakfast, is allowed as a limited use, it is subject to the following: 1. Persons seeking to operate a bed and breakfast must file an application with the City along with any fees established by the City Commission. Each bed and breakfast application shall include a description of the establishment, an affidavit that the applicant has applied for the required approval from the appropriate state departments and the affidavit shall also certify that the proposed bed and breakfast will meet and be operated in conformance with all state, federal and local laws and regulations. The Zoning Administrator may require clarification or additional information from the applicant that is deemed necessary to determine whether operation of the bed and breakfast will meet applicable laws, regulations and development standards. Information could include the number of guest rooms, a guest parking plan, operating hours and other information pertaining to the impact of the operation on adjoining properties. 2. After the Zoning Administrator determines that the application is complete, the subject property shall be posted by placard for 15 days in a conspicuous location notifying the public that an application to establish a bed and breakfast has been filed with the City. The placard shall include information on where and when the pending application can be viewed. The Zoning Administrator shall keep a record of any comments submitted about the application during the 15 day advertisement period. No application shall be approved without the 15 day advertisement period. Accommodations arranged for short term stays. Overnight lodging includes the following: 6-21

134 ARTICLE 6. USE PROVISIONS Sec Commercial Uses Parking Parking A. Defined A facility that provides parking as a principal use. Parking includes the following: 1. Commercial parking. 2. Remote parking Personal Services A. Defined A facility involved in providing personal or repair services to the general public. Personal service includes the following: 1. Animal care including veterinary hospital, clinic, kennel, animal boarding, animal grooming and doggy day care. 2. Beauty, hair, or nail salon. 3. Catering establishment. 4. Cleaning establishment, carpet cleaning service, dry-cleaning or laundry drop-off facility, laundromat, washeteria. 5. Copy center, printing, binding, photocopying, blueprinting, mailing service. 6. Fortunetelling and related practices. 7. Locksmith. 8. Optometrist. 9. Repair of appliances, bicycles, canvas product clocks, computers, jewelry, musical instruments, office equipment, radios, shoes, televisions, watch, or similar items. 10. Tailor, milliner, or upholsterer. 11. Tattoo parlor or body piercing. 12. Taxidermist. 13. Tutoring. 14. Undertaking establishment, funeral home, mortuary. 15. Wedding chapel. B. Standards 1. Animal Care Where a animal care is allowed as a limited use, it is subject to the following: a. The uses shall be operated so as to prevent objectionable odors. b. Any boarding or kennel space shall be contained within the building and is limited to no more than 25% of the total building area of the facility. In no case shall the boarding portion of an animal care facility exceed 500 square feet. c. No pens, cages or other animal confinement devices shall be permitted outside. d. Any areas used for boarding shall be adequately soundproofed and located at least 50 feet from any off-site residence. 2. Cleaning, Carpet Cleaning, Dry- Cleaning a. NMU Where cleaning, carpet cleaning, dry-cleaning is allowed as a limited use, it is subject to the following: i. No building can exceed a total floor area of 10,000 square feet. ii. No use or establishment can exceed a floor area of 2,000 square feet. iii. The use must be located on the ground floor. 6-22

135 Sec Commercial Uses ARTICLE 6. USE PROVISIONS Eating and Drinking iv. Hours of operation can begin no earlier than 6 AM and end no later than 11 PM, including all deliveries. v. Drive-through or drive up service is not permitted. b. C-1, C-2, MU Where a cleaning, carpet cleaning, dry-cleaning is allowed as a limited use, the establishment must be less that 2,000 total square feet per individual use. 3. NMU Use Standards Where personal service is allowed as a limited use, it is subject to the following: a. No building can exceed a total floor area of 10,000 square feet. b. No use or establishment can exceed a floor area of 2,000 square feet. c. All allowed personal service uses must be located on the ground floor. d. Hours of operation can begin no earlier than 6 AM and end no later than 11 PM, including all deliveries Eating and Drinking A. Defined A facility that prepares and sells food and drink for on- or off-premise consumption (see also Sec , Alcohol Sales). Eating and drinking includes the following: 1. Restaurant including brewpub, grille, coffee shop, yogurt or ice cream shop (without drivethrough or drive up facilities). 2. Restaurant including grille, coffee shop, yogurt or ice cream shop (with drive-through or drive up facilities). Restaurant without Drive-Through Where a restaurant without drive-through is allowed as a limited use, it is subject to the following: 3. No building can exceed a total floor area of 10,000 square feet. 4. No use or establishment can exceed a floor area of 2,000 square feet. 5. The use must be located on the ground floor. 6. Hours of operation can begin no earlier than 6 AM and end no later than 11 PM, including all deliveries. 7. Drive-through or drive up service is not permitted. 8. Any outdoor dining area is limited to 500 square feet in size Retail Sales A. Defined A facility involved in the sale, lease or rental of new or used products. Retail sales includes the sale, lease or rental of the following: 1. Antiques, appliances, art supplies, baked goods, bicycles, books, building supplies, cameras, carpet and floor coverings, crafts, clothing, computers, convenience goods, dry goods, electronics, fabric, flowers, furniture, garden supplies, groceries, hardware, home improvement, household products, jewelry, medical supplies, music, musical instruments, office supplies, pets, pet supplies, pharmaceuticals, phones, photo finishing, picture frames, plants, pottery, produce, scooters, seafood, shoes, souvenirs, sporting goods, stationery, tobacco, toys, vehicle parts and accessories and related products. 2. Pawnshop. 3. Payday/title loans or check cashing. 6-23

136 ARTICLE 6. USE PROVISIONS Sec Commercial Uses Vehicle Service, Repair B. NMU Use Standards Where retail sales is allowed as a limited use, it is subject to the following: 1. No building can exceed a total floor area of 10,000 square feet. 2. No use or establishment can exceed a floor area of 2,000 square feet. 3. All allowed retail sales uses must be located on the ground floor. 4. Hours of operation can begin no earlier than 6 AM and end no later than 11 PM, including all deliveries. 5. Drive-through or drive up service is not permitted Vehicle Service, Repair A. Defined Repair and service to passenger vehicles, light and medium trucks, and other consumer motor vehicles such as motorcycles, boats and recreational vehicles, includes a car wash. B. Use Standards Where vehicle service, repair is allowed as a limited use, it is subject to the following: 1. Enclosed Building a. It shall be unlawful for a business engaged in the repair of automobiles, trucks, buses, trailers, boats, engines, motors, recreational vehicles, farm tractors and machines, and all other motorized and towed vehicles and parts to park, store, or repair such vehicles and parts anywhere within the Corporate limits of the City except in an enclosed building whose doors shall be kept tightly shut during painting and storage of vehicles and parts, or in an area which is screened by an opaque fence, wall or landscaped buffer at least 6 feet in height. Such fence, wall or buffer shall be maintained in good condition at all times. b. Building shall have no opening other than a stationary window along a side adjoining a residential district line. c. No parts or waste materials shall be stored outside the building. 2. Towing and Storage It shall be unlawful for a business engaged in the towing and storage of automobiles, trucks, buses, trailers, boats, engines, motors, recreational vehicles, farm tractors and machines, and all other motorized and towed vehicles and parts thereof to park or store such vehicles and parts anywhere within the corporate limits of the City except in an enclosed building whose doors shall be kept tightly shut during storage of vehicles and parts, or in an area which is screened by an opaque fence, wall or landscaped buffer at least eight 8 feet in height. Such fence, wall or buffer shall be maintained in good condition at all times. 3. Areas Adjacent to Residential It shall be unlawful for a business engaged in the minor repair of automobiles, trucks, buses, trailers, boats, motors, recreational vehicles, farm tractors and machines, and all other motorized and towed vehicles and parts thereof to repair such vehicles and parts in an area adjacent to or within 150 feet of a residential zoning district unless such area is screened from the residential zoning district by an opaque fence, wall or landscaped buffer at least six 6 feet in height. Such fence, wall or buffer shall be maintained in good condition at all times. 6-24

137 Sec Industrial Uses ARTICLE 6. USE PROVISIONS Vehicle Sales/Rental Vehicle Sales/Rental A. Defined A facility that sells, rents or leases passenger vehicles, light and medium trucks, and other consumer motor vehicles such as motorcycles, boats and recreational vehicles. Vehicle sales/rental includes the following. 1. Vehicle rental. 2. Vehicle sales or leasing. Sec Industrial Uses Light Industrial A. Defined A facility that involves a heavy or intensive use that may cause excessive smoke, odor, noise, glare, fumes or vibration, and may include uses that are unsightly, noisy, noxious or offensive. Light industrial includes the following. 1. Bottling plant. 2. Brewery, microbrewery, distillery, craft distillery. 3. Building materials sales, contractor s storage yard, contractor s office and shop. 4. Cabinet, woodworking, metal working or upholstery shop, furniture manufacturing. 5. Commercial, industrial storage (not including vehicle wrecker service storage yard, vehicle junkyard or similar use). 6. Dairy product processing. 7. Electrical motor and armature winding shop, machine shop. 8. Heating fuel, ice storage sales yard, ice plant. 9. Laundry, dry-cleaning, and carpet cleaning plant. 10. Sale or rental of machinery, heavy equipment or special trade tool. 11. Sheet metal, welding, machine shop, tool repair. 12. Stone, clay, glass or concrete products. 13. Taxi cab, limousine service. B. Use Standards Where light industrial is allowed as a limited use, it is subject to the following: 6-25

138 ARTICLE 6. USE PROVISIONS Sec Industrial Uses Light Manufacturing 1. Limitations a. Building footprints shall not exceed 50,000 square feet. b. Lot widths shall not exceed 250 feet in width. c. No loading space, loading zone or loading dock shall be located in the front yard. 2. Performance Standards a. Control of Air Pollution from Emission and Particulate Matter Every use shall be so operated as to prevent any outdoor burning, incineration, or other emissions of particulate matter from any source to exceed allowable rates specified in the Georgia Air Quality Act, O.C.G.A , et seq., incorporated herein by reference. b. Decomposition of Materials The manufacture or storage of compounds or products which decompose by detonation shall not be permitted, except that chlorates, nitrates, perchlorates, phosphorus and similar substances and compounds in small quantities for use by industry, school laboratories, druggists or wholesalers may be permitted when approved by the fire marshal as not presenting a fire or explosion hazard. c. Storage of Flammable Materials The storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose film, solvents and petroleum products shall be permitted only when such storage or use conforms to the fire prevention and fire safety standards and regulations of the City. d. Volatile Organic Compounds Volatile organic compound loading facilities and fuel dispensers must be in compliance with applicable state regulations, incorporated herein by reference. e. Open Storage No open storage of materials or commodities shall be permitted as an accessory use to a main use of light manufacturing that is located in a building. No open storage operation shall be located in the front yard. No open storage of wrecked, junked or salvaged vehicles shall be permitted Light Manufacturing A. Defined A facility conducting light manufacturing operations within a fully-enclosed building. Light manufacturing includes the following. 1. Clothing, textile or apparel manufacturing. 2. Facilities engaged in the assembly or manufacturing of scientific measuring instruments; semiconductor and related devices, including but not limited to clocks, integrated circuits, jewelry, medical, musical instruments, photographic or optical instruments or timing instruments. 3. Pharmaceutical or medical supply manufacturing. B. Use Standards Where light manufacturing, is allowed as a limited use, it is subject to the following: Limitations a. Building footprints shall not exceed 50,000 square feet. b. Lot widths shall not exceed 250 feet in width. 6-26

139 Sec Industrial Uses ARTICLE 6. USE PROVISIONS Research and Development c. No loading space, loading zone or loading dock shall be located in the front yard. 1. Performance Standards a. Control of Air Pollution from Emission and Particulate Matter Every use shall be so operated as to prevent any outdoor burning, incineration, or other emissions of particulate matter from any source to exceed allowable rates specified in the Georgia Air Quality Act, O.C.G.A , et seq., incorporated herein by reference. b. Decomposition of Materials The manufacture or storage of compounds or products which decompose by detonation shall not be permitted, except that chlorates, nitrates, perchlorates, phosphorus and similar substances and compounds in small quantities for use by industry, school laboratories, druggists or wholesalers may be permitted when approved by the fire marshal as not presenting a fire or explosion hazard. c. Storage of Flammable Materials The storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose film, solvents and petroleum products shall be permitted only when such storage or use conforms to the fire prevention and fire safety standards and regulations of the City. d. Volatile Organic Compounds Volatile organic compound loading facilities and fuel dispensers must be in compliance with applicable state regulations, incorporated herein by reference. e. Open Storage No open storage of materials or commodities shall be permitted as an accessory use to a main use of light manufacturing that is located in a building. No open storage operation shall be located in the front yard. No open storage of wrecked, junked or salvaged vehicles shall be permitted Research and Development A. Defined A facility focused primarily on the research and development of new products. Research and development includes the following. 1. Laboratories, offices and other facilities used for research and development by or for any individual, organization or concern, whether public or private. 2. Prototype production facilities that manufacture a limited amount of a product in order to fully investigate the merits of such a product. 3. Pilot plants used to test manufacturing processes planned for use in production elsewhere Self-Service Storage A. Defined A facility providing separate storage areas for personal or business use designed to allow private access by the tenant for storing or removing personal property. Self-service storage includes the following. 1. Indoor multi-story storage. 2. Mini-store, warehouse. 3. Warehouse, self-service. 6-27

140 ARTICLE 6. USE PROVISIONS Sec Open Uses Warehouse and Distribution Warehouse and Distribution A. Defined A facility involved in the storage or movement of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer with little on-site sales activity to customers. Warehouse and distribution includes the following. 1. Bulk storage, including nonflammable liquids, cold storage plants, frozen food lockers, household moving and general freight storage. 2. Distribution of products and merchandise. 3. Parcel services. 4. Transfer and storage business where there are no individual storage areas or where employees are the primary movers of the goods to be stored or transferred. Sec Open Uses Agricultural A. Defined The production of crops, livestock or poultry. Agriculture includes the following: 1. Community garden. 2. Market garden, small ( less than 5,000 square feet). 3. Market garden, medium (5,000 square feet to 2 acres). 4. Market garden, large (more than 2 acres). Sec Accessory Uses In General A. Accessory uses are permitted in conjunction with an allowed principal use. Allowed accessory uses include those listed in this Section and additional accessory uses as interpreted by the Zoning Administrator. B. Accessory buildings must share utility services and meters with the main building. C. Accessory buildings may have a 1 /2 bath or a kitchen, but cannot contain both a full bathroom and a kitchen. Habitation is not permitted in an accessory building unless it is identified as an accessory dwelling unit (see Sec A.). D. Dimensional standards for accessory buildings and structures are included with the principal structure standards for each district (Article 3. Residential Districts and Article 4. Mixed Use and Commercial Districts). No more than two accessory buildings are allowed per lot, excluding structures less than 100 square feet. E. Accessory buildings shall not exceed 1,000 square feet of total floor area, including garages and other enclosed storage areas. Such buildings shall not exceed 25 feet in height and two stories. F. Allowed accessory uses and structures include the following: 1. Accessory dwellings units (ADU). 2. Accessory uses administered by a place of worship that are related directly to the place of worship. 3. Accessory uses administered by an institution that are related directly to the campus or institution, including parks, athletic fields, stadiums, playgrounds, bookstores, soda shops, art galleries, restaurants, cafeterias, card and souvenir shops, clinics, medical and dental offices, 6-28

141 Sec Accessory Uses ARTICLE 6. USE PROVISIONS Accessory Uses Not Listed boarding and rooming houses, clubs, sororities, fraternities, and temporary lodging facilities. 4. Garden sheds. 5. Greenhouses. 6. Home occupations. 7. Home offices and studios. 8. Multilevel parking facilities. 9. Parking facilities, structured or hard-surfaced as accessory to a building. 10. Private garages. 11. Swimming pools and tennis courts Accessory Uses Not Listed An accessory use not specifically listed is not allowed unless the Zoning Administrator determines the accessory use: A. Is clearly incidental to and customarily found in connection with an allowed principal use; B. Is subordinate to and serving an allowed principal use; C. Is subordinate in area, extent and purpose to the principal use served; D. Contributes to the comfort, convenience or needs of occupants, business or industry in the principal use served; and E. Is located on the same lot as the principal use served Standards for Specific Accessory Uses A. Accessory Dwelling Unit (ADU) 1. The design and size of the ADU shall conform to all codes which are required for any new construction. 2. Only one ADU may be created per principal dwelling unit. 3. The property owner must occupy either the principal dwelling unit or the ADU as their permanent residence for at least 8 months out of each year, and at no time receive rent for the owner-occupied unit. 4. An ADU may be developed in or adjacent to either an existing or new principal dwelling. 5. In no case can an ADU be more than 800 square feet of floor area, or less than 300 square feet, excluding any related garage area or other ancillary storage, or shall it exceed 40% of the floor area of the principal dwelling; nor have more than 2 bedrooms or 2 occupants. 6. ADUs are subject to the parking requirements of Sec Application for a building permit for an ADU must be made to the Zoning Administrator and must include a sworn, notarized statement from the property owner stating that the owner will occupy one of the dwelling units on the premises, except for bona fide temporary absences, for 8 months out of each year and shall receive no rent on such unit. a. The equipment of an accessory building or equipment of part of a principal building with one or more of the following or similar items, systems or equipment shall be considered prima facie evidence that such accessory building or such part of the principal building is a separate and distinct dwelling unit and is subject to the regulations of the zoning district in which it is located: utility services; utility meters; mailboxes; kitchen equipment such as sink, stove, oven, and/or cabinets. 6-29

142 ARTICLE 6. USE PROVISIONS Sec Accessory Uses Standards for Specific Accessory Uses B. Home Occupation 1. No stock in trade can be kept or commodities sold on the premises; 2. No mechanical equipment can be used, except equipment that is normally used for family, domestic, or household purposes; 3. Other than a nameplate not more than 24 square inches in area, no exterior indication that the building or property is being used for any purpose other than the dwelling can be attached to the dwelling unit. No other signs, free standing or attached, related to the home occupation are permitted on the property; 4. Each person carrying on a home occupation must obtain a business license; 5. Except members of the family residing on the premises, no more than one employee can be employed and that employee cannot work more than 20 hours per week at the premises; 6. No sales displays can be visible from outside the dwelling; 7. Contact with the public is limited to no more than 2 visitors in the dwelling at one time; 12. No outdoor open storage related to the home occupation is allowed on the premises; 13. No vehicle exceeding a one ton capacity is allowed to park on the premises 14. The term home occupation includes but is not limited to the following: a. Art studio. b. Design services. c. Professional office of a learned profession, real estate agent, insurance agent, or other similar occupation. d. Teaching. e. Beauty parlor, barbershop. f. Web based services. 15. The term home occupation does not include: a. Restaurants. b. Veterinarian offices. c. Medical, dental, or chiropractic offices, or offices of similar health-related professions. 8. Operations and client visits to the premises are prohibited between 12:00 midnight and 6:00 a.m.; 9. Artists and other studio type operations may host studio tour type functions once per month where members of the general public may visit the dwelling for the purpose of learning about the artist s work; 10. Commercial deliveries are limited to no more than 20 deliveries to the premises per week; 11. No more than 25% of the total floor area of the main dwelling can be used for a home occupation; 6-30

143 Sec Temporary Uses ARTICLE 6. USE PROVISIONS Construction Buildings Sec Temporary Uses Construction Buildings Temporary buildings used in conjunction with construction work only are permitted in any district but must be removed immediately upon completion of the construction work Open Air Seasonal Sales A. Defined The outside sales of seasonal products such as Christmas trees and pumpkins Portable Storage Container A. Defined A container designed and rented or leased for the temporary storage of commercial, industrial or residential household goods that does not contain a foundation or wheels for movement. B. Standards The Zoning Administrator may allow the placement of a portable storage container for a period not to exceed 7 days. B. Standards 1. All sales must be conducted on commercially-zoned land. 2. It is unlawful for any person to place, use or employ open air sales on private property without first obtaining a special event permit. 3. A set of operating rules addressing hours of operation, maintenance and security must be prepared and submitted with a permit application. 4. A site plan must be provided that depicts the proposed location of the sales area including any tents, fencing, temporary buildings, generators and lights. 5. The on-site presence of a manager during hours of operation is required. 6. Activities cannot obstruct pedestrian or vehicular circulation, including vehicular sight distances. 7. Any temporary structures used in association with the use must be removed within 48 hours after the final day of sales. 6-31

144 ARTICLE 6. USE PROVISIONS Sec Temporary Uses Portable Storage Container 6-32

145 ARTICLE 7. SITE DEVELOPMENT Article 7. Site Development Sec Parking and Access Application Development Standards Off-Street Parking Requirements Loading Requirements Downtown Decatur Parking District Manufactured Homes and Trailers Sec Landscaping Walls, Fences and Planting Required Buffer Areas Outdoor Landscape Watering Applicability; Barrier Curb and Landscaping Requirements Sec Signs Preamble and Purpose General Provisions Sign Standards Permit Required Application Fees Inspection Signs Exempt From Permits Prohibited Signs and Sign Devices Nonconforming Signs Vacant Buildings, Premises or Property Permitted Signs Severability Sec Site Lighting Purpose and Intent Conformance With Applicable Codes Applicability Outdoor Lighting Standards Specific Uses Variances Plans and Evidence of Compliance

146 ARTICLE 7. SITE DEVELOPMENT Sec Manufactured Homes, Preengineered Buildings7-36 Sec Performance Standards Enclosure Heat and glare Odors Vibration Dust, Dirt and Fly Ash Noxious Gases and Fumes Industrial Sewage Waste Smoke Noise Electrical Disturbance and Radioactivity

147 Sec Parking and Access ARTICLE 7. SITE DEVELOPMENT Application Sec Parking and Access Two-Way Aisles Application No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered except in conformity with the off-street parking and loading regulations. Dimensions 24 A. As a minimum, an off-street parking space shall consist of 180 square feet (9 feet by 20 feet) of storage space for 1 automobile, plus adequate space for maneuvering and parking one automobile. General Hotels and Multistory Office Buildings Compact Vehicles One-Way Aisles 45º Parking Bicycle B. For hotels and associated conference and meeting facilities, and for multistory office buildings, an offstreet parking space shall consist of 153 square feet (8 feet, 6 inches by 18 feet) of storage space for one automobile, plus adequate space for maneuvering and parking one automobile. C. For compact vehicles only, as a minimum, an offstreet parking space shall consist of square feet (8 feet, 6 inches by 15 feet) of storage space for 1 automobile, plus adequate space for maneuvering and parking 1 automobile. D. Adequate space for maneuvering and parking 1 automobile shall mean the following: 1. Two-way aisles between parking spaces shall be at least 24 feet in width. 2. One-way aisles between parking spaces shall be at least 14 feet in width for 45-degree angle parking, at least 18 feet, 6 inches in width for 60-degree parking, and at least 24 feet in width for 90-degree angle parking º Parking 90º Parking 7-3

148 ARTICLE 7. SITE DEVELOPMENT Sec Parking and Access Development Standards Development Standards A. One-, Two-Family Dwellings and Townhouses Parking spaces for one-family dwellings, two-family dwellings and townhouse dwellings shall be on the same lot as the building to be served except as otherwise provided in this Section. No parking space shall be permitted between the front building line and the front property line except on a bona fide paved or graveled driveway leading to a garage, carport or other permanent parking space located to the rear of the front building line. Circular driveways are prohibited. Paved parking areas will not be permitted between the front building line and the front property line except where a variance permitting such parking has been approved by the Zoning Board of Appeals according to the requirements of the UDO. building served. No more than 50% of the parking requirements for uses in commercial and industrial zoning districts may be provided in off-site public or private parking facilities located not more than 300 feet from principal entrances to buildings where uses are located. D. Joint Parking No more than 50% of the parking requirements for theaters, auditoriums, nightclubs, restaurants or similar uses may be provided and used jointly by office and retail uses not normally open for business during the same hours. Up to 100% of the parking requirements for places of worship may be provided and used jointly by office and retail uses not normally open for business during the hours of church and similar services. E. Common Parking Parking requirements for uses in institutional districts may be provided in common parking areas which shall be approved as part of the institution s comprehensive site development plan. No Parking Front Property Line Street Front Building Line B. Multiple-Family Parking Parking spaces for multiple-family dwelling shall be located on the same lot as the building to be served. No required yard for multiple-family dwellings in RM-18, RM-43, PO, C-1, C-2 and C-3 districts shall be used for the purpose of parking or loading. C. Nonresidential Parking Parking spaces for nonresidential buildings shall be located on the same lot as the building to be served except where additional spaces are required by enlargement of use or, where facilities are provided and maintained collectively, the required spaces may be located no more than 300 feet from each F. Multi-Use Parking Parking requirements for developments with more than 1 use shall be determined by adding the parking requirements for the different uses within the development. G. Compact Vehicle Parking No more than 25% of the parking spaces required for multiple-family residential, institutional, commercial, and industrial uses may be designed for the use of compact vehicles. Parking spaces for compact vehicles shall be clearly designated by signs or other special markings for the exclusive use of such vehicles. H. Enclosed Parking Requirements In a RS-17 development, 1 of the required parking spaces per unit must be enclosed within a structure attached to, adjacent to or enclosed within the 7-4

149 Sec Parking and Access ARTICLE 7. SITE DEVELOPMENT Development Standards structure of each dwelling unit. The other required spaces may be provided in driveways, carports or turning courts, but may not be provided on streets or common drives. I. Accessible Parking Parking spaces for use by handicapped persons shall be provided as required by the state accessible Required parking for personal storage facilities, mini-warehouse and similar temporary storage facilities shall not be permitted in aisles and driveways between storage buildings and facilities, but shall be located in a separate parking area on the same property as the facility to be served. Use of aisles and driveways shall be limited to driving, standing, loading and unloading. existing building or the use of previously unused space within an existing building in the NMU, C-1, C-2, C-3, and MU zoning districts. M. Additions No additional parking shall be required for structural additions that are 10% or less of the original gross floor area of the building in the NMU, C-1, C-2, C-3, and MU zoning districts. Additional parking shall be provided in accordance with Sec for any structure addition that exceeds 10% of the original gross floor area. J. Commercial Vehicle Restriction The parking of any bus, truck or other commercial or freight-carrying vehicle in excess of 1-ton capacity (10,000 pounds gross vehicle weight maximum) on a property located in any residential zoning district is prohibited. This regulation shall not prohibit commercial vehicles from loading or unloading in such districts, or from parking while servicing uses therein. K. Bicycle Parking Bicycle parking shall be provided in all commercial zoning districts and installed according to the City Bicycle Parking Guidelines (2008), which are incorporated by reference herein. The UDO Administrator may grant a reduction or waiver from the required bicycle parking after considering the following factors: availability of public bicycle parking in the immediate area of the site, existing or potential shared parking arrangements, lack of onsite vehicle parking, and characteristics of the use of the site and/or building. L. Change of Use No additional parking shall be required for a change in use, as allowed within the zoning district, for an 7-5

150 ARTICLE 7. SITE DEVELOPMENT Sec Parking and Access Off-Street Parking Requirements Off-Street Parking Requirements Use Single-Family Dwellings, detached Single-Family Dwellings, attached Two-Family Dwellings Multiple-Family Dwellings, in General Multiple-Family Dwellings, (RM-43 Districts) All dwellings in C-2 Rooming, Lodging and Boarding Houses Personal Care Homes Places of Worship Schools, Public or Private, Elementary and Middle Hotels, Motels, Tourist Homes Conference and Meeting Facilities, Place of Lodging Fraternity and Sorority Houses Homes for the Elderly Clubs, Social Organizations and Fraternal Lodges Government, Office, Retail, Service Establishment, Restaurant, Nightclubs and Similar Commercial Uses Theaters, Auditoriums, Funeral Homes, Community Centers and Other Places of Assembly Nursery Schools, Kindergartens, Day Care Centers Hospitals, Sanitariums, Nursing Homes, Convalescent Homes, and Similar Uses Bowling Alleys Manufacturing, Warehousing, and Storage Facilities, Distribution Centers; Wholesale Facilities Vehicle Repair Garages, Paint and Body Shops, Welding Shops, and Similar Establishments Vehicle Service Stations All Commercial Zoning Districts (NMU, C-1, C-2, and C-3) Parking Space Ratio 1 per dwelling unit 1 per dwelling unit 1 per dwelling unit 1 per dwelling unit 1 per dwelling unit, max.2 per dwelling unit 1 per dwelling unit* 1per each 2 bedrooms 1 per each 2 beds 1 per each 8 seats in the sanctuary or meeting room where seating is fixed or 1 per 50 square feet of gross floor area of sanctuary or meeting room where seating is not fixed 2 per classroom, plus 1 space per each 8 seats in auditorium or assembly area where seating is fixed or 1 per 50 square feet of gross floor area of auditorium or assembly area where seating is not fixed 0.75 space per guestroom 1 space per 40 square feet of floor area of largest assembly room where seating is not fixed 1 per bed 1 per 2¼ dwelling units 1 per 100 square feet of gross floor area Min. 1 per 500 square feet of gross floor and max. 1 per 200 square feet of gross floor area 1 per each 4 seats where seating is fixed; 1 per 25 square feet of gross floor area of assembly area where seating is not fixed 2 per classroom 1 per 2 beds 5 per alley 1 per 600 square feet of gross floor area 1 per 200 square feet of gross floor area 3 per service bay 1 bicycle parking space shall be provided for every 20 automobile parking spaces, min. 2 bicycle parking spaces per site max. 30 bicycle parking spaces per site *Special exceptions to the minimum off-street parking requirements may be approved 7-6

151 Sec Parking and Access ARTICLE 7. SITE DEVELOPMENT Loading Requirements Loading Requirements Where required, 1 or more off-street loading berths or spaces shall be provided on the same or adjoining lot with the facility it serves, either inside or outside a building. A loading berth shall have minimum dimensions of 12 feet by 35 feet by 14 feet overhead clearance. A loading space need not be a full berth but shall be sufficient to allow normal loading operations appropriate to the property served. The UDO Administrator shall determine the sufficiency of the space, but in no case shall this space or its use hinder the free movement of vehicles and pedestrians over a street or sidewalk. D. Industrial and Wholesale Operations With a Gross Floor Area of 10,000 Square Feet or More Loading Requirements Facility Size (gross floor area) 10,000-40,000 sq. ft. 1 space Required loading 40, ,000 sq. ft. 2 spaces 100, ,000 sq. ft. 3 spaces 160,000 sq. ft.-240,000 sq. ft. 4 spaces 240,000 sq. ft.-320,000 sq. ft. 5 spaces 320, ,000 sq. ft. 6 spaces Each 100,000 sq. ft. over 400,000 1 additional space A. Retail Operations, Including Restaurants Within Hotels and Office Buildings, With a Total Gross Floor Area of 20,000 Square Feet Devoted to These Purposes 1 loading space for every 20,000 square feet of gross floor area or fraction thereof; 1 loading berth for every 40,000 square feet of gross floor area or fraction thereof. B. Retail Operations and All First Floor Nonresidential Uses With a Gross Floor Area Of Less Than 20,000 Square Feet; All Wholesale and Light Industrial Operations With a Gross Floor Area Less Than 10,000 Square Feet 1 loading space. C. Office Buildings and Hotels 1 loading berth for every 100,000 square feet of floor area or fraction thereof. 7-7

152 ARTICLE 7. SITE DEVELOPMENT Sec Parking and Access Downtown Decatur Parking District Downtown Decatur Parking District A. Purpose The purpose of these regulations is to improve the downtown Decatur environment in the following ways: 1. Encourage, protect and enhance the pedestrian environment. 2. Improve the aesthetics of the downtown area. 3. Provide for parking in a way that does not diminish the pedestrian environment. 4. Encourage additional street level activity. 5. Better utilize existing, underused parking facilities. 6. Promote opportunities for environmentally sustainable residential and commercial development. 7. Promote opportunities for affordable residential development. B. Application The provisions of Sec. 7.1., except as they conflict with this Section, apply to development in the Downtown Decatur Parking District (DDPD). C. Boundaries The boundaries of the DDPD are shown upon the map designated as the Downtown Decatur Parking District. The Downtown Decatur Parking District map and all the notations, references and other information shown thereon, which shall be kept on file with the City clerk, are incorporated by reference as a part of this UDO and have the same force and effect as if it were fully set forth or described herein. D. Additional Provisions 1. Change of Use No additional parking shall be required for a change in use, as allowed within the zoning district, for an existing building or the use of previously unused space within an existing building within the DDPD. 2. Additions No additional parking shall be required for structural additions that are 10% or less of the original gross floor area of the building within the DDPD. Additional parking shall be provided in accordance with Sec for any structure addition that exceeds 10% of the original gross floor area. 3. Parking Management a. The DDPD allows shared and unbundled parking, and it includes both parking minimums and parking maximums. b. Nothing in this Section shall mean that the minimum required parking spaces must be assigned to individual users or tenants on a site. E. Parking Location Buildable density on a parcel within the DDPD shall be determined by the sum of the parking provided in the following locations: 1. Within the parcel 2. Off-site through Shared Parking pursuant to Sec G. below. a. Residential uses may provide up to 50% of their required parking off-site. b. Nonresidential uses may provide up to 80% of their required parking off-site. 7-8

153 Sec Parking and Access ARTICLE 7. SITE DEVELOPMENT Downtown Decatur Parking District F. Parking Ratios 1. All new buildings or additions in the DDPD shall provide parking at a flat rate of not less than 1 parking space for every 500 sq. ft. of gross floor area of building and not more than 1 parking space for every 200 sq. ft. of gross floor area of building. If it is a mixed use building or residential building, the portions of the building used exclusively for residential uses shall provide 1 parking space per dwelling unit and shall not exceed 2 spaces per dwelling unit. 2. All existing and new uses, as allowed within the zoning applicable to DDPD, in existing buildings within the DDPD are considered to comply with the parking requirements set forth in this Section. G. Shared Parking 1. General Provisions a. Shared parking is allowed within the DDPD. b. Shared parking may be allowed between 2 or more uses to satisfy a portion of the minimum parking requirement. c. Sites with shared parking must contain nonresidential uses and may also contain a mix of nonresidential and residential uses. Sites containing only residential uses may not use shared parking. A use for which an application is being made for shared parking shall be located within 300 feet of the parking facility for residential uses or within 1,320 feet of the parking facility for Nonresidential uses. Such distances shall be measured by the most direct route of pedestrian travel on the ground. 2. Shared Parking Privileges Shared parking privileges are conditioned upon and shall continue in effect only as long as the use for which shared parking is utilized has legally enforceable access to the required amount of shared parking. 3. Calculations a. Where a shared parking arrangement is proposed, the UDO Administrator shall determine the number of parking spaces that may be shared based on a shared parking application prepared by the applicant. The UDO Administrator shall provide the Decatur parking occupancy rates spreadsheet to the applicant. b. The shared parking application shall: i. Identify the properties and uses for the application; ii. Determine the number of parking spaces that would be required by applying the standard for the uses for all of the properties; and iii. Determine the peak parking demand for the combined demand of all of the uses for all of the properties in the application using the Decatur parking occupancy rates spreadsheet. c. Shared parking is only available for complementary uses with disparate parking demands. d. The UDO Administrator may use the lesser of the 2 parking demands calculated in Sec G.3.b. above as the minimum number of parking spaces to be provided for all the properties and uses addressed in the application. e. The Decatur parking occupancy rate spreadsheet is not an exhaustive list of land uses. If shared parking ratios in the Decatur parking occupancy rate spreadsheet are not available for the type of use the applicant is applying for the applicant may provide data 7-9

154 ARTICLE 7. SITE DEVELOPMENT Sec Parking and Access Downtown Decatur Parking District collected at similar sites to establish local parking demand rates. Uses M-F M-F M-F S Sun. 8 am- 5 pm Sat. & Sun. Sat. & Sun. 6 pm- 12 am- 8 am- 6 pm- 12 am- 12 am 6 am 5 pm 12 am 6 am Peak Hour Max. spaces required Residential 60% 80% 80% 80% 100% 100% 150 Office/ Warehouse 100% 20% 5% 5% 5% 5% 20 Commercial 90% 80% 5% 100% 70% 5% Hotel 70% 100% 100% 70% 100% 100% Restaurant 70% 100% 10% 70% 100% 20% 40 Movie Theater 40% 80% 10% 80% 100% 10% Entertainment 40% 100% 10% 80% 100% 50% Conference/ Convention Institutional (non-church) Institutions (church) 100% 100% 5% 100% 100% 5% 100% 20% 5% 10% 10% 5% 25% 5% 5% 100% 50% 5% Raw Max Shared Max. 191 Savings Shared Parking Agreement a. Where a shared parking application includes 2 or more separately owned properties, a copy of a written, legally binding agreement providing for the shared use of parking (guaranteeing access to, use of, and management of shared parking spaces), shall be filed with the UDO Administrator. A copy of any amended, renewed, replacement or successor agreement shall be filed with the UDO Administrator within a reasonable amount of time following execution. Where a shared parking application includes 2 or more properties owned by the same person or entity, a sworn, notarized statement shall be submitted to the UDO Administrator, representing that, in the event of any change in ownership of any of the participating properties, a written, legally binding agreement providing for the continued shared use of parking (guaranteeing access to, use of, and management of designated parking spaces), will be entered into with subsequent owners and a copy provided to the UDO Administrator, with copies of all amended, renewed, replacement or successor agreements filed with the UDO Administrator within a reasonable amount of time following execution. b. On a periodic basis, not less than biennially, the UDO Administrator shall review all allowed shared parking arrangements to ensure compliance with the guaranteed access to shared parking requirements set forth above. 5. Shared Parking Plan a. The UDO Administrator may require an applicant for shared parking to submit a shared parking plan. A shared parking plan includes one or more of the following: i. A site plan showing parking spaces intended for shared parking and their proximity to the uses they will serve. b. The shared parking plan shall satisfy the following standards, as applicable: 7-10

155 Sec Parking and Access ARTICLE 7. SITE DEVELOPMENT Manufactured Homes and Trailers i. Shared spaces for residential units must be located within 300 feet of dwelling unit entrances they serve. 30 max 4,500 lb max ii. Shared spaces for nonresidential uses must be located within 1,320 feet of the principal building entrances of all sharing uses. 8 max H. Parking District Maps The Downtown Decatur Parking District map, is adopted and incorporated in this Section Manufactured Homes and Trailers A. Parking and Storage 1. Generally It shall be unlawful for any person to park or store any trailer or mobile home, travel trailer, pickup coach, motorized home, boat, boat trailer (with boat on or off) or utility trailer on any street, alley, highway, or other public place, or on any tract of land owned by any person, occupied or unoccupied, within the City, except as provided in this article. 2. On Private Residential Property Any trailer or mobile home, travel trailer, pickup coach, motorized home, boat, boat trailer (with boat on or off) or utility trailer having a body width not exceeding 8 feet, provided its gross weight does not exceed 4,500 pounds or its body length exceed 30 feet, may be parked or stored on private residential property, subject to the conditions which are set out in this Section. At no time shall any trailer or mobile home, travel trailer, pickup coach, motorized home, boat, boat trailer (with boat on or off) or utility trailer exceeding the dimensions described in this Section be permitted to park or stand in any area within the corporate limits of the City except as provided in Sec A.3. below: a. At no time shall such parked or stored trailer or mobile home, travel trailer, pickup coach, motorized home, boat, boat trailer (with boat on or off) or utility trailer be occupied or used for living, sleeping, or housekeeping purposes. b. If the trailer or mobile home, travel trailer, pickup coach, motorized home, boat, boat trailer (with boat on or off) or utility trailer is parked or stored outside of a completely enclosed garage, it shall be parked or stored to the rear of the front line of the main building and not less than 20 feet from any rear lot line. Where a lot abuts 2 streets, it must be parked or stored within the building restriction lines of both streets. Street Front Building Line 20 min c. Notwithstanding the provisions of Sec A.2.b. above, a trailer or mobile home, travel trailer, pickup coach, motorized home, boat, boat trailer (with boat on or off) or utility trailer may be parked anywhere on the premises for loading or unloading pur- 7-11

156 ARTICLE 7. SITE DEVELOPMENT Sec Parking and Access Manufactured Homes and Trailers poses, provided the loading or unloading is completed within 8 hours. d. Emergency or temporary stopping or parking is permitted on any street, alley or highway for not longer than 1 hour, except when actually loading or unloading, subject to any other and further prohibitions, regulations or limitations imposed by the traffic and parking regulations or ordinances for that street, alley or highway. e. Pickup coaches may be parked on any street, alley or highway for a maximum of 6 hours, provided such parking is not in conflict with any other prohibitions, regulations or limitations imposed by the traffic and parking regulations or ordinances for that street or alley or highway. 3. In Commercial Districts; Office-Type Trailers a. Any trailer or mobile home, travel trailer, pickup coach, motorized home, boat, boat trailer (with boat on or off) or utility trailer may be parked in districts zoned commercial subject to the restrictions and regulations of the City UDO. Such trailer or mobile home, travel trailer, pickup coach, motorized home, boat, boat trailer (with boat on or off), or utility trailer may be used only as accessory structure on the property on which it is located, and must be parked or stored in compliance with Sec A.2. b. Office-type trailers used by any person actually engaged in the construction or reconstruction of any structure are permitted, provided that they are parked on the site of the construction or reconstruction, and a permit for such parking of office-type trailers is granted by the City Manager and for such period of time as he shall approve. 7-12

157 Sec Landscaping ARTICLE 7. SITE DEVELOPMENT Walls, Fences and Planting Sec Landscaping Walls, Fences and Planting Walls and fences and ornamental trees and shrubs may be located within the yards except as provided herein: A. No wall or fence in a front yard shall exceed height of 4 feet. C. In all use districts, except the general business district, no fence, wall, shrubbery, sign, marquee, or other obstruction to vision between the heights of 3 feet and 15 feet shall be permitted within 20 feet of the intersection of the right-of-way lines of 2 streets or of a street intersection with a railroad right-of-way line. B. No wall or fence in a rear or side yard shall exceed a height of 8 feet. Where 8 fencing is allowed, it must be reduced in height to 4 on any lot line abutting a required front yard. Clear 3 15 Street R.O.W Intersection 20 Side Yard Rear Yard 8 max Front Yard Side Yard Street Street 4 max Street Required Buffer Areas Buffer areas shall be established and maintained by the property owner under the following provisions: A. A buffer area which provides visual screening and a screening fence or wall shall be established and maintained by the owner as provided below in any required side or rear yard when a development in a RM-18, RM-22, RM-43, PO, C-1, C-2 or C-3 district adjoins a R-85, R-60, R-50 or RS-17 zoning district, or when a development in a C-1, C-2, or C-3 district adjoins a RM-18, RM-22 or RM-43 district. B. Minimum fence or wall height shall be 8 feet for developments in C-1, C-2 and C-3 districts. Minimum fence or wall height shall be 6 feet for developments in RM-18, RM-22, RM-43 and PO districts. 7-13

158 ARTICLE 7. SITE DEVELOPMENT Sec Landscaping Required Buffer Areas C. The requirements for a fence or wall may be waived by the UDO Administrator upon presentation of field survey data by the property owner or developer which shows that construction of the fence or wall would destroy existing vegetation which, in itself, provides visual screening between the development and the adjoining residential district. D. Required buffer areas shall be maintained as a planted area, using existing vegetation or, when required, additional plantings as provided in this Section. E. Required buffer areas shall be appropriately landscaped with trees, shrubs, flowers, grass, stone, rocks and other landscaping materials. F. Required buffer areas shall not be used for parking or a structure other than a fence or drainage improvements required by the City. However, a buffer area may be used for vehicular access and utility easements if these uses are provided approximately perpendicular to the greater distance of the buffer area and for drainage improvements required by the City based upon competent engineering studies which show these improvements to be necessary, upon approval of the UDO Administrator. G. Except as otherwise provided, the natural topography of the land shall be preserved and natural growth shall not be disturbed beyond that which is necessary to prevent a nuisance, to thin natural growth where too dense for normal growth, or to remove diseased, misshapen or dangerous and decayed timbers. However, a slope easement may be cleared and graded where required to prevent soil erosion upon approval of the UDO Administrator; this easement may cover no more than 20% of the required buffer area, and shall be immediately replanted upon completion of easement improvements. H. Where the conditions described in Sec G. above cannot be met by reason of the topography of the land or of the prior removal of or lack of vegetation and foliage, the owner of the buffer area may install a permanent screen of evergreen plantings, so designed and developed to provide visual screening between the property described herein. These plantings shall consist of evergreen trees or shrubs not less than 6 feet in height, or trees or shrubs which will, in normal growth, attain a height of 6 feet within 3 years. The following plants shall be approved for this purpose but shall not be exclusive of other plants which may be suitable, provided that they can form a hardy screen, dense enough and high enough both to interrupt vision and to diffuse the transmission of sound: 6 min 1. Viburnum awabuki Chindo (Chindo Viburnum) 2. Cryptomeria japonica (Japanese Cryptomeria) 3. Cupressus leylandii (Leyland Cypress) 4. Ilex burfordi (Burford Holly). 5. Ilex Nellie R. Stevens (Nellie Stevens Holly) 6. Ilex opaca (American Holly). 7. Ilex x attenuata Fosteri (Foster Holly) 8. Ilex x Emily Bruner ( Emily Bruner Holly) 9. Juniperus virginiana (Eastern Red Cedar) 10. Magnolia grandiflora (Southern Magnolia). 11. Magnolia grandiflora Little Gem (Little Gem Magnolia) 12. Magnolia grandiflora DD Blanchard (DD Blanchard Magnolia) 13. Osmanthus fragrans (Tea Olive) 7-14

159 Sec Landscaping ARTICLE 7. SITE DEVELOPMENT Outdoor Landscape Watering 14. Pinus strobus (White Pine). 15. Pinus virginiana (Virginia Pine) 16. Thuja Emerald Green (Emerald Green Arborvitae) 17. Thuja Green Giant (Green Giant Arborvitae) I. Any grading, improvements or construction adjacent thereto shall be conducted far enough from the buffer area so as not to disturb or encroach upon the buffer area. J. Required buffer areas shall be designated on each plat and recorded as a permanent easement Outdoor Landscape Watering A. Outdoor watering for purposes of planting, growing, managing, or maintaining ground cover, trees, shrubs, or other plants may occur only between the hours of 4:00 p.m. and 10:00 a.m.; provided, however, that this limitation shall not create any limitation upon the following outdoor water uses: 1. Commercial raising, harvesting, or storing of crops; feeding, breeding, or managing livestock or poultry; the commercial production or storing of feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, ratites, and turkeys; producing plants, trees, fowl, or animals; or the commercial production of aquacultural, horticultural, dairy, livestock, poultry, eggs, and apiarian products or as otherwise defined in O.C.G.A ; 2. Capture and reuse of cooling system condensate or stormwater in compliance with applicable local ordinances and state guidelines; 4. Use of reclaimed wastewater by a designated user from a system permitted by the Environmental Protection Division of the Georgia Department of Natural Resources to provide reclaimed wastewater; 5. Watering personal food gardens; 6. Watering new and replanted plant, seed, or turf in landscapes, golf courses, or sports turf fields during installation and for a period of 30 days immediately following the date of installation; 7. Drip irrigation or irrigation using soaker hoses; 8. Hand-watering with a hose with automatic cutoff or handheld container; 9. Use of water withdrawn from private water wells or surface water by an owner or operator of property if such well or surface water is on said property; 10. Watering horticultural crops held for sale, resale, or installation; 11. Watering athletic fields, golf courses, or public turf grass recreational areas; 12. Installation, maintenance, or calibration of irrigation systems; or 13. Hydroseeding. B. No person shall use or allow the use of water in violation of the restrictions on outdoor water use contained in this Section. C. Sworn officers of the public safety department, the building official or codes enforcement officer or a designated representative of the above shall have authority to enforce the requirements of this Section. 3. Reuse of gray water in compliance with O.C.G.A and applicable local board of health regulations; 7-15

160 ARTICLE 7. SITE DEVELOPMENT Sec Landscaping Applicability; Barrier Curb and Landscaping Requirements Applicability; Barrier Curb and Landscaping Requirements All surface parking lots in any commercial or mixed use zoning districts, with a total of 30 or more parking spaces, whether primary or accessory in use and whether commercial 1 Tree / 8 Parking Spaces (min) or noncommercial, shall have minimum A. Curbing or barrier blocks must be installed around the perimeter of parking lots and required landscaped areas to prevent vehicle encroachment a building or structure and at points 36 Landscaped Buffer Strip onto adjacent property, rights-of-way and landscaped areas t except abutting 6 m in In te rio rl an ds ca pe d A re a as follows: sf m in barrier curb and landscaping requirements 10% Landscaped Area (min) of ingress and egress into the facility. Curbing may have openings to allow drainage to enter and percolate through landscaped E. A minimum of 1 tree per 8 parking spaces shall be areas. included in the required landscaped areas. For the purpose of satisfying this requirement, existing trees B. Curbing or barrier blocks must be a minimum of that are 21/2 inches or more in caliper as measured 6 inches in height and a minimum of 8 inches in at a height of 36 inches above ground level shall width Curbing must be concrete or stone, securely be considered to be equivalent to 1 or more newly installed, and maintained in good condition. planted trees on the basis of 1 tree for each 21/2 inches of caliper. C. Where the end of a parking space abuts a landscaped area, curbing or barrier blocks may be placed in the parking space at a maximum of 2 feet from the end of the parking space. This 2-footwide area may have the pavement removed and be developed as part of the required landscaped area. D. Surface parking lots shall have a minimum landscaped area equal to at least 10% of the paved area within such lot. In no case shall a parking lot owner be required to provide landscaped areas that exceed 10% of the paved area. F. In addition to trees, ground cover must be provided to protect tree roots, prevent erosion, and reduce water evaporation. Ground cover may consist of shrubs, liriope muscari, pine bark mulch, and similar landscaping materials. G. Shrubs shall be maintained at a maximum height of 2 and 1/2 feet, except where such shrubs are screening the parking surface from an adjacent residential use. H. In the event that landscaped areas are in the interior of a parking lot, they shall be a minimum of 6 feet in length with a minimum area of 36 square feet. 7-16

161 Sec Landscaping ARTICLE 7. SITE DEVELOPMENT Applicability; Barrier Curb and Landscaping Requirements I. Continuous landscaped buffer strips shall be constructed along sidewalks and public rights-ofway where surface parking lots are adjacent to such sidewalks or public rights-of-way except at points of ingress and egress into the facility. Such landscaped buffer strips shall be a minimum of 5 feet in width and shall contain, in addition to ground cover, trees planted a maximum of 42½ feet on center along the entire length. 2 min 30 min UDO Administrator may increase the allowable percentage compact car spaces from 25% up to 35% so as to minimize the loss of parking spaces. N. Notwithstanding Sec M. above, existing parking lots shall not be required to reduce the number of parking spaces by more than 3% as a result of implementing these landscaping regulations. O. Upon written application by any person subject to the provisions of this Section, the Zoning Administrator is hereby authorized to grant administrative variances to the requirements of this Section only upon making all of the following findings: 2 1/2 max 5 min 42 6 max J. Newly planted trees shall be a minimum of 2 1 /2 inches in caliper as measured at a height of 6 inches above ground level, shall be a minimum of 10 feet in height, shall have a 40-foot minimum mature height, and shall be drought tolerant. Trees shall be planted at a minimum of 30 inches from any barrier curb, so as to prevent injury to trees from vehicle bumpers. K. Where landscaped areas are located adjacent to vehicle overhangs, the trees shall be planted in line with the side stripes between parking spaces in order to avoid injury to trees by vehicle bumpers. 1. There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, topography, subsurface conditions, overhead structures, or the existence of sufficient trees in the public right-of-way within 10 feet of the property line; 2. Such conditions are peculiar to the particular piece of property involved; and 3. Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this article. L. All landscaped areas, including trees located in the public right-of-way that are counted in the fulfillment of this requirement, shall be properly maintained in accordance with approved landscape plans. In the event that a tree or any plant material dies, it shall be replaced within 6 months so as to meet all requirements of this Section and to allow for planting in the appropriate planting season. M. If it is determined by the City arborist that implementation of these regulations will result in the loss of parking spaces in existing lots, the 7-17

162 ARTICLE 7. SITE DEVELOPMENT Sec Signs Preamble and Purpose Sec Signs Preamble and Purpose A. In order to protect the public safety, to protect the tranquil environment, to protect community aesthetics, to protect the public investment in streets and highways, to promote commerce and to provide for the orderly and reasonable display of advertising for the benefit of the citizens of the City, it is hereby determined that the public health, safety and welfare require the adoption of this Section. B. The purpose of this Section is to recognize that although signs and advertising are necessary, they should be reasonably regulated in the interest of protecting the public health, safety, welfare, environment and community aesthetics by the establishment of standards for location, size, illumination, number, construction and maintenance of all signs and advertising structures and for the prohibition of certain signs and advertising structures in the City. C. The City further finds that the rights of persons to convey messages through signs and protection of First Amendment and other constitutional rights must be balanced with other important public interests such as traffic safety hazards, protecting property values, and restricting visual clutter that results in safety dangers as well as degradation of the City s important interests in protecting and enhancing its aesthetic environment. The City finds that regulation of the location, size, placement and design of signs through the following regulations is necessary to protect these public interests, particularly with regard to traffic and pedestrian safety as well as aesthetics, in an appropriate and balanced manner General Provisions A. Defacing of Official Signs and Notices No person shall injure, deface, obliterate, remove, take down, disturb or in any other manner interfere with any signboard containing the name of any street or public place, or any bulletin board, or sign or notice erected, posted or placed, bearing the name of the City commission or any officer thereof. B. Business License Required No person shall engage in or carry on the business or occupation of billposting, advertising, sign painting, outdoor advertising, installing or maintaining signs unless said business or occupation is in compliance with the City s Business Occupation Tax Ordinance. C. Fastening Signs, Notices and Posters to Property On Public Property 1. Generally It shall be unlawful for any person, except a public officer or employee in the performance of a public duty, to paste, print, nail, stake, tack or otherwise fasten any card, banner, handbill, sign, poster, advertisement or notice of any kind, or cause the same to be done, on any curbstone, lamppost, pole, hydrant, bridge, tree or area upon any public or publicly maintained street, sidewalk, right-of-way or property within the City, except as may be required by the provisions of this UDO, other ordinances of the City or the laws of the state or the United States or as may be otherwise authorized by this Section. 2. Consent of City Manager Required for City Property It shall be unlawful for any person, except a public officer or employee in the performance of a public duty, to paste, post, paint, print, nail, tack or otherwise fasten any card, banner, handbill, sign, poster, advertisement or notice of any kind, or cause the same to be done, on any City property. Any advertisement prohibited by this Section or Sec C.1. may be taken down, moved or destroyed by the City authorities. 7-18

163 Sec Signs ARTICLE 7. SITE DEVELOPMENT Sign Standards 3. Consent of Owner, Holder, Lessee or Agent Required for Private Property It shall be unlawful for any person, except a public officer or employee in the performance of a public duty or a private person giving legal notice, to paste, post, paint, print, nail, tack or otherwise fasten any card, banner, handbill, sign, poster, advertisement or notice of any kind, or cause the same to be done, upon any property without the written consent of the owner, holder, lessee, agent or trustee thereof. Any advertisement prohibited by this Section may be taken down, moved or destroyed by the City authorities Sign Standards A. Awning, Marquee, Canopy and Projecting Signs Awning, marquee, canopy and projecting signs shall be securely fastened to the building surface, shall be no less than 8 feet above the ground when erected over pedestrian walkways and no less than 14 feet above areas of vehicle access at the lowest extremity of the sign. D. Scattering Paste, Glue, Waste Matter, Paint or Other Materials on Public or Private Property No person shall scatter, daub or leave any paint, paste, glue or other substance used for painting or affixing advertising matter upon any public street or sidewalk, or scatter or throw or permit to be scattered or thrown any waste matter, paper, cloth or materials of whatsoever kind removed from signs or other advertising matter on any public street or private property. E. Noncommercial Messages Any sign allowed herein may contain, in lieu of any other message or copy, any lawful noncommercial message that does not direct attention to a business operated for profit, or to a product, commodity or service for sale or lease, or to any other commercial interest or activity, so long as said sign complies with the size, height, area and other requirements of this Section. 7-19

164 ARTICLE 7. SITE DEVELOPMENT Sec Signs Sign Standards B. Freestanding, Ground and Pole Signs Freestanding, ground and pole signs shall be securely affixed to a substantial support structure which is permanently and securely attached to the ground and wholly independent of any building for support. which shows gross neglect, becomes dilapidated or is not well maintained. E. Fire Safety No sign shall obstruct any fire escape, any means of egress or ventilation or shall prevent free passage from one part of a roof to another part thereof, nor shall any sign be attached in any manner to a fire escape. F. Vehicular Traffic 8 max 6 max 8 to 25 No sign shall interfere with any roadway visibility or obstruct or otherwise interfere with the safe and orderly movement of vehicular traffic. C. Lighting Requirements No sign shall give off light which glares, blinds, or has any other such adverse effect on vehicular traffic. The light from an illuminated sign shall be established in such a way that adjacent properties and roadways are not adversely affected and that no direct light is cast upon adjacent properties and roadways. No illuminated signs shall be constructed or maintained within 75 feet of any single-family dwelling. Signs with flashing, intermittent or animated illumination or effect are prohibited. Signs which simulate official traffic control, warning or public service signs are prohibited. Digital changeable copy signs and signs which include series, lines or rows of electric, neon or other lights are prohibited. D. Construction and Maintenance; All signs for which a permit is required shall be constructed and maintained in conformance with City building and electrical codes. Such signs, together with their supports, braces, guys, anchors and similar parts, shall be maintained and protected as necessary to maintain a clean and safe appearance and condition. The UDO Administrator may cause to be removed after due notice any sign G. Natural Features No sign shall be erected, painted or drawn on any tree, rock or similar natural feature. H. Ownership No sign shall be located on any building, fence, or other property belonging to another person without the consent of the owner. I. Prohibited Activities No sign shall advertise an activity, service, product or other item prohibited by the laws and regulations of the United States or the state or by the ordinances and regulations of the City. J. Sound No sign shall emit or utilize in any manner any sound capable of being detected on any public roadway, public right-of-way or public sidewalk by a person of normal hearing. K. Public Roads, Rights-of-Way and Utility Poles No sign, sign structure or advertising shall be located on or within any public roadway or public right-ofway, or shall any sign, sign structure or advertising device be located on any utility pole, except signs 7-20

165 Sec Signs ARTICLE 7. SITE DEVELOPMENT Permit Required for public governmental purposes specifically authorized by local, state or federal law. L. Street Intersections No sign or sign structure above a height of 3 feet shall be located within 15 feet of the intersection of the right-of-way lines extended of 2 streets, or of street intersection with a railroad right-of-way. However, a sign support structure of not more than 10 inches in diameter may be located within such intersection visibility area if all other requirements of this Section are met, and the lowest elevation of the sign surface is at least 12 feet above ground level. Intersection Visibility Area Permit Required A permit shall be required for all permanent and temporary signs other than those specifically exempted from obtaining a permit by this Section Application A. Application for sign permit shall be made through the office of the sign official. The applicant must submit sign plans indicating size, type of lettering, configurations, coloring, lighting and any electrical and structural specifications as per the requirements of this Section and the building codes. Standardized sign plans may be submitted in fulfillment of this requirement. Site plans showing specific location of signs shall be submitted with each application. Street R.O.W Intersection No Sign 15 3 B. Each application shall contain an agreement to indemnify and hold the City harmless of all damages, demands, or expenses of every character which may in any manner be caused by the sign, sign structure or advertising matter. Exception Street R.O.W Intersection Street Street 12 min 10 max Intersection Visibility Area C. The UDO Administrator shall process and approve or deny all sign applications within 20 calendar days of the City s receipt of a completed application including all required sign permit fees. This 20 day period may be extended if agreed to by the UDO Administrator and the applicant. Applications that do not comply with the provisions of these sign regulations, are incomplete, or contain false material statements shall be denied by the UDO Administrator. Complete applications that are in compliance with these sign regulations shall be approved. The UDO Administrator shall provide written notice to the applicant of the decision made on the application within the required time period. Should the application be denied, the reasons for the denial shall be stated in the written notice. If the UDO Administrator fails to act within the required time period, including any extension, the sign application shall be deemed to have been granted. Any resubmitted application shall be deemed to 7-21

166 ARTICLE 7. SITE DEVELOPMENT Sec Signs Fees have been applied for on the date of resubmittal. Appeals from the issuance or denial of any sign permit shall be as provided in Sec Fees A. Schedule Permit fees shall be payable with the application for the sign permit. Sign permit fees shall be paid according to the schedule as set forth in the schedule of fees and charges. B. Double Fee Penalty If a sign is erected or painted before the issuance of permits, a penalty equal to the sign permit fee for the sign shall be charged Inspection The UDO Administrator may inspect, or cause to be inspected by his authorized representative, every sign installed under the provisions of this Section to determine that each sign meets the requirements set forth in this Section Signs Exempt From Permits The following signs are exempt from the permit requirements of this Section: A. Official traffic or warning signs; B. Changing of copy of bulletin board, poster board, display casement, marquee or changeable copy sign and the moving or relocating of embellishments that does not increase the area of embellishments; C. Decorative flags or buntings; D. Symbolic flag and award flag of institution or business, One for each business or 1 for each 50 feet of street frontage; E. Construction signs not exceeding 32 square feet in area; F. Residential real estate signs not exceeding 24 square feet in area; G. Political signs (see Sec N.); H. Directional signs not exceeding 6 square feet in area; I. Residential Signs (see Sec B. and C.): J. Signs of a governmental body, governmental agency or public authority, including traffic signs, traffic signals, traffic regulatory devices and warnings, official flags, emblems, official instruments, official public notices, and similar governmental signs or devices. K. Temporary window signs and banners; and L. Weekend directional signs (see Sec R.) Prohibited Signs and Sign Devices The following signs and sign devices are prohibited under the provisions of this Section: A. Signs that display intermittent lights resembling flashing lights associated with danger. B. Signs using the word stop or danger, or imitation of an official traffic control, warning or public service sign. C. Signs which provide background of colored lights blending with traffic signals which might confuse a motorist when viewed from normal approach distance of 25 feet to 300 feet. D. Any sign attached or applied to benches, trash receptacles or any other unapproved supporting structure. E. Pennants, streamers, ribbons, whirligigs, spinning devices and similar-type devices. F. Signs, other than temporary signs, which are not securely affixed to the ground or securely anchored so as to be immobile or otherwise affixed in a 7-22

167 Sec Signs ARTICLE 7. SITE DEVELOPMENT Nonconforming Signs permanent manner to an approved supporting structure. G. Signs attached to or placed on a vehicle that is parked on private property, except service vehicles parked temporarily parked there. H. Roof signs. I. Animated, flashing and digital changeable copy signs. J. Billboards. K. Flashing signs. L. Marquee signs except for bona fide theaters. M. Rotating signs. N. Portable signs. O. Commercial product signs on residentially zoned property. P. Off-premises signs. Q. Signs advertising alcoholic beverages. R. Temporary signs unless permitted by this Section Nonconforming Signs A. Signs which on the effective date of the ordinance from which this Section derives were legally erected and maintained under previous ordinances and regulations, or which become nonconforming with respect to the requirements of this Section, may be continued so long as the size of the sign is not increased beyond that existing as of the effective date of the ordinance from which this Section derives or any change thereto is made in conformance with this Section. However, the display face of a nonconforming roof sign located on an owner-occupied building may be replaced or repainted with a new display face so long as the total area of the sign is not increased. B. A nonconforming sign shall not be replaced by another sign except one which complies with the requirements of this Section. C. Minor repair and maintenance of nonconforming signs such as repainting, electrical repairs and neon tubing shall be permitted. However, no structural repairs or changes in the size or shape of a nonconforming sign shall be permitted except to make the sign comply with the requirements of this Section. D. Illegally installed or non-permitted nonconforming signs, nonconforming signs for which no permit was issued, and all nonconforming temporary signs shall be removed or made to conform with the requirements of this Section within 90 days of the effective date of the ordinance from which this Section derives Vacant Buildings, Premises or Property A. Any business identification signs advertising a service or commodity associated with a vacated building premises or closed business shall be removed or resurfaced by the owner or tenant not later than 60 days from time the premises are vacated or the business closes. B. Real estate signs on a vacant or undeveloped property in a residential or professional office zoning district shall be limited to 1 residential real estate sign not exceeding 6 square feet in area. Real estate signs on a vacant or undeveloped property in a commercial zoning district shall be limited to 1 sign not exceeding 32 square feet in area. 7-23

168 ARTICLE 7. SITE DEVELOPMENT Sec Signs Permitted Signs Permitted Signs A. Generally 1. In addition to general regulations and restrictions applying to all signs, no signs shall be permitted except in compliance with the following specific regulations and restrictions. Unless defined in this Section, the meaning of such terms as single-family dwelling, high density, single-family dwelling, street frontage, and so forth shall be as defined in this UDO. 2. In addition to any other signs authorized in residential districts, one noncommercial sign not exceeding 2 square feet in sign area for each dwelling unit ( residential sign ) is authorized. Such residential signs may be ground signs located within the yard areas of such residential lots or window signs. No commercial message may be placed on said residential signs. B. Single-Family Dwellings, Two-Family Dwellings, and Townhouse Signs for single-family dwellings, two-family dwellings, or townhouse shall be limited to 1 residential real estate sign not exceeding 6 square feet for each single-family, two-family, or townhouse dwelling or lot. Such signs shall be placed no closer than 10 feet to the street right-of-way except that when a residential structure is located within 10 feet of the street right-of-way, the sign shall be located as close as possible to the residential structure. Residential real estate signs shall be removed within 5 days of the signing of an agreement for the sale, rental or lease of the dwelling or lot. The sale of 4 or more dwellings in a development under construction may also be advertised by 1 residential real estate sign not exceeding 24 square feet in area. C. Multiple-Family Dwellings and Developments and RS-17 Residential Developments Signs for multiple-family dwellings and developments of any size and RS-17 residential developments of 6 or more units shall be limited to 1 permanent freestanding sign or 1 permanent wall sign mounted on and parallel to the surface of the building, not exceeding 24 square feet in area, for the purpose of identifying the development. Multiple-family dwellings and developments of less than 12 units may have 1 residential real estate sign not exceeding 6 square feet. Multiple-family dwellings of 12 or more dwelling units may have 1 residential real estate sign not exceeding 12 square feet in area. D. Roominghouses and Boardinghouses Signs for roominghouses and boardinghouses shall be limited to 1 permanent, nonilluminated sign not exceeding 72 square inches mounted flat against the wall of the building. 7-24

169 Sec Signs ARTICLE 7. SITE DEVELOPMENT Permitted Signs E. Permitted Home Occupations Signs for permitted home occupations in residential zoning districts shall be limited to 1 nonilluminated nameplate not exceeding 24 square inches in area mounted flat against a wall of the dwelling where the home occupation is located. F. Signs For Churches and Other Places of Worship Located in Institutional Zoning Districts In lieu of signs permitted in Sec E.churches and other places of worship located in institutional zoning districts may have signs described as follows: 1. One permanent bulletin board not exceeding 6 square feet in area. 45 square feet in area of which no more than 32 square feet may be a changeable copy panel. Permanent freestanding or wall signs shall be subject to approval of the City Commission, which shall determine the compliance of such signs, including location, size, design in accordance with the following criteria and color and appearance. However, the total number of such signs shall not exceed 2, and the size of each sign shall not exceed 45 square feet in area of which no more than 32 square feet may be a changeable copy panel. The following standards shall be considered in determining whether such signs are approved: a. Suitability of the proposed signs in view of the character of the existing and proposed buildings of the church or other place of worship. b. Suitability of the proposed signs in view of the character and development of the adjacent and nearby properties. c. Suitability of the proposed signs in view of the area of the property on which the church or other place of worship is located. 2. One temporary sign not exceeding 24 square feet in area announcing a special event. d. Suitability of the proposed sign in view of the number and size of the streets on which the church or other place of worship is located. e. Suitability of the proposed signs in view of the amount of public street frontage which the church or other place of worship has. 3. A maximum of 2 permanent freestanding signs, or a maximum of 2 permanent wall signs mounted on and parallel to the surface of the building, or a maximum of 1 permanent freestanding sign and 1 permanent wall sign mounted on and parallel to the surface of the building. Each permanent freestanding or wall sign shall not exceed 7-25

170 ARTICLE 7. SITE DEVELOPMENT Sec Signs Permitted Signs G. Public Buildings, Parks, Schools, Cemeteries, and Other Public Uses, Private and Parochial Elementary and Secondary Schools, Hospitals, Churches and Other Places of Worship Signs for public buildings, parks, schools, cemeteries, and other public uses, private and parochial elementary and secondary schools, hospitals, churches and other places of worship shall be limited to the following: 1. One permanent freestanding sign or 1 permanent wall sign mounted on and parallel to the surface of the building, not exceeding 24 square feet in area; H. Colleges, Seminaries, and Other Institutions of Higher Learning Signs for colleges, seminaries, and other institutions of higher learning shall be limited to the following: 1. One permanent freestanding sign or 1 permanent wall sign mounted on and parallel to the surface of the building, not exceeding 24 square feet in area, for each street on which the institution has at least 500 linear feet of street frontage; 2. One permanent sign or bulletin board not exceeding 6 square feet in area; and 2. One permanent bulletin board, including changeable copy panel, not exceeding 24 square feet in area; and 3. One temporary sign of any size announcing a special event provided such sign is not placed or suspended closer than 10 feet to any property line or street right-of-way line. 3. One temporary sign not exceeding 24 square feet in area announcing a special event. 7-26

171 Sec Signs ARTICLE 7. SITE DEVELOPMENT Permitted Signs I. Nursery Schools, Day Care Centers, Nursing Homes, Sanitariums, Homes for the Elderly Signs for nursery schools, day care centers, nursing homes, sanitariums, homes for the elderly shall be limited to 1 permanent freestanding sign not exceeding 12 square feet in area located not closer than 10 feet to any property line. required to face the street, but shall be on a building side which is visible from the street. If a wall, a freestanding or awning or canopy sign, such sign shall not exceed 1 square foot of sign area for each linear foot of street frontage of the business, the total sign area not to exceed 500 square feet. If a window sign, such sign shall not exceed one-tenth of the total window surface of the window in which it is located. J. Multiple-Tenant Office Buildings In addition to signs permitted in Sec K. for storefront or street-facing businesses, signs for multiple tenant office buildings shall be limited to a lobby directory except that a multistory office building in excess of 50,000 square feet may have 1 permanent business identification freestanding sign or 1 permanent business identification wall sign not exceeding 2 square feet of sign area per 5,000 square feet of building space to identify an officetype business or businesses which are located in the building. K. Storefront or Street-Facing Business 2. One Permanent Secondary Sign The secondary business identification sign may be a wall sign, a window sign or an awning or canopy sign. If a wall, an awning or canopy sign, such sign shall not exceed 1 square foot of sign area for each linear foot of street frontage of the business for the street to which it is oriented, with a total sign area not to exceed 250 square feet. If a window sign, the area of such sign shall not exceed one-tenth of the total window surface area of the window in which it is located. Signs for a storefront or street-facing business shall be limited to the following: 1. One Permanent Primary Sign The primary business identification sign may be a wall sign, a freestanding sign, a window sign, or awning or canopy sign. Such signs are not 7-27

172 ARTICLE 7. SITE DEVELOPMENT Sec Signs Permitted Signs 3. Temporary Signs Limited To: a. Window signs, provided the area covered by such signs does not exceed one-sixth of window surface area of the window in which it is located and there are no more than 3 temporary signs per 160 square feet of window surface area; or M. Shopping Centers In addition to signs permitted for individual businesses located in a shopping center, as may be regulated by Sec K. and Sec L., a shopping center may have 1 permanent pole sign or 1 permanent freestanding sign of not more than 3 square feet of sign area per each 1,000 square feet of building space, the total sign area not to exceed 500 square feet, to identify the shopping center and businesses which are located in the center. b. Banners not exceeding 150 square feet in area. Banners may be used for a period not to exceed 30 days in each calendar year. L. Vehicular Businesses Signs for vehicular businesses shall be limited to signs permitted for storefront or street-facing businesses, as regulated by Sec K. above, and 1 business identification pole sign, the area of which shall not exceed 1 square foot of sign area for each linear foot of street frontage of the business, the total sign area not to exceed 175 square feet. N. Political Signs Political signs are permitted in all zoning districts, but they shall be limited only to developed properties. These signs are permitted for a period of not more than 6 weeks before a duly authorized election date. Political signs shall be removed within 1 week following the authorized general election date or within 1 week of the candidate s or issue s election or defeat, whichever comes first. Primary and general election dates shall be established by applicable federal, state or local law. Political signs shall not exceed 8 square feet in area and shall not exceed 2 signs per lot. Political signs shall not be located closer than 17 feet to the edge of a public road surface. However, no political sign shall be permitted in a public right-of-way. Political signs displayed in nonresidential or multiple-family zoning districts may only be placed in the window area of the primary structure. 7-28

173 Sec Signs ARTICLE 7. SITE DEVELOPMENT Permitted Signs Political signs may be displayed on private property in connection with political campaigns or noncommercial civic health, safety or welfare campaigns. Political signs shall not exceed 8 square feet in sign area and shall not exceed a height of 6 feet. Political signs displayed in nonresidential or multifamily zoning districts may only be placed in the window areas of the primary structure. All such signs shall be removed within 10 days of the date of conclusion of the campaign. Candidates are obligated and required to remove campaign signs placed on their behalf that are unlawfully located or that extend beyond the conclusion of the campaign and shall be liable to the City for the costs incurred in removing such unlawful signs. Campaign signs are specifically prohibited in or upon any public rightof-way or other public property and shall not be located closer than 17 feet from the curb of a public road surface. 2. One permanent principal business identification wall sign mounted flat on the building for each street facing, the maximum area of which shall be determined by the regulations for storefront or street-facing businesses in Sec K. 1 sf/ 1 Street Frontage (500 sf max) 3. One temporary A-frame or ground sign for display purposes not exceeding 6 feet in height and 4 feet in width. O. Service Stations 4. Temporary signs shall be permitted, provided that they are limited to window signs, and the total window surface area covered by such signs does not exceed one-fourth of the window surface area of the window in which they are located. Signs for service stations shall be limited to the following: 1. One permanent business identification pole sign with price panel, the maximum area of which shall be determined by the regulations for vehicular businesses in Sec L. 1 sf/ 1 Street Frontage (175 sf max) 5. Pennants, banners and other similar devices shall be permitted only for grand openings. The display time shall not exceed 10 days total time. 6. Prohibited signs and sign devices at service stations. The following signs and sign devices are prohibited: temporary promotional signs other than window signs, tire and oil displays placed away from the building, signs of wood or other combustible materials, signs attached to pumps and light poles other than directional signs, roof 7-29

174 ARTICLE 7. SITE DEVELOPMENT Sec Signs Permitted Signs signs, vehicles used as signs, lightbulb lines and searchlights. P. Professional Offices Signs for a professional office shall be limited to a nonilluminated permanent freestanding business identification sign not exceeding 12 feet in area. Such sign may only announce the firm name and the service or product represented. Q. Construction Signs During construction on or development of property, construction signs shall be permitted as follows: 1. Residential and professional office zoning districts. One construction sign not exceeding 24 square feet in area. 2. Commercial zoning districts. One construction sign not exceeding 100 square feet in area. 2. Weekend directional signs shall be allowed on weekends from 5:00 p.m. on Fridays to 11:59 p.m. on Sundays. 3. Each weekend directional sign shall be legibly marked with the name of the owner who shall be responsible for removing signs by 11:59 p.m. on Sunday. If a party other than the owner is to be responsible for the removal of the sign, then the responsible party s name may be substituted. This information must be written in weatherproof ink or paint upon at least 1 face of the weekend directional sign and in letters of at least 1 /2 inch in height. Each owner or responsible party shall give notice in the form of a letter to the City providing the name, address and telephone number of the sign owner or responsible party. 4. Weekend directional signs shall not exceed 4 square feet of sign area and 3 feet in height and shall be allowed to have 1 face on each side of the sign. Weekend directional signs shall be mounted on an independent post or pole and shall not be affixed in any manner to any tree, utility pole, bridge, curb, bench, or any other public facility or fixture, nor to any other sign or sign structure. Weekend directional signs shall be made of metal, plastic, laminated cardboard or some other durable and waterproof material. No such sign shall be made of paper. R. Weekend Directional Signs Weekend directional signs are permitted in all zoning districts and shall be limited to the following: 5. There shall be no more than 2 weekend directional signs per intersection for any given place, activity or event, and all such signs must be located within 30 feet of a point defined by the intersections of the curbs of intersecting streets. 1. Weekend directional signs shall convey directions to a specific place or event. 7-30