(a)

All owners, developers, or occupiers of parcels of land where a development permit or building permit is issued shall be required to provide a sidewalk adjacent to any public street along the entire lot frontage. Where new streets are proposed, sidewalks shall be installed on both sides of the street. Pedestrian pathways and sidewalks shall provide safe, all-weather, efficient, and aesthetically pleasing means of inter- and intra-site movement and shall be an integral part of the overall site design concept. Pedestrian pathway connections to parking areas, buildings, other amenities, outparcels, and between on-site and perimeter pedestrian systems shall be planned and installed unless otherwise excepted.

(b)

All paths and sidewalks shall be a minimum of five feet wide and paved. A minimum two foot wide landscape strip should separate paths and sidewalks from the edge of pavement or curbs along public roadways. An additional landscape area shall be planted in the inside of the sidewalk a minimum of four feet deep with canopy trees spaced a minimum of 25 feet on center at a rate of one tree for every 25 linear feet of lot frontage. This landscape area may be on public or private property.

(c)

No certificate of occupancy shall be issued for any new building construction, new parking lot, or other permanent use unless streetscapes are constructed or deferred in accordance with this section.

(d)

For any land or building development where sidewalks are required as outlined above and there is an existing sidewalk along the road or street frontage, an inspection of the sidewalk shall be made. If the inspection shows the sidewalk is deficient or does not exist along the entire frontage, the owner shall construct or repair the sidewalk as required.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

In all cases, the finished side of any fence shall be directed to the exterior of the property.

(b)

No fence or free-standing wall in a required yard other than a retaining wall shall be more than eight feet in height, nor shall it be constructed within two feet of a public right-of-way. Fences located within the established front setback of residential property shall not exceed four feet in height. When this article requires a fence to be constructed, such fence shall be completed prior to occupancy of the primary structure.

(c)

A fence equipped with or having barbed wire, spikes, or similar device, or electric charge shall locate said devices greater than six feet above ground level.

(d)

All swimming pools shall be enclosed by a fence having a height of not less than five feet with a self-closing, self-latching gate.

(e)

All fences shall be maintained and corrected of any defects including damage, missing portions, or other defects deemed a nuisance.

(f)

Any retaining wall constructed on a property that is four feet in height or higher shall incorporate at the top of said wall, a fence no less than 36 inches in height.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

Purpose. The landscaping and screening regulations of this section are intended to advance the general purposes of this chapter and to help:

(1)

Maintain and enhance the city's appearance;

(2)

Maintain and improve air quality;

(3)

Protect surface water quality and reduce the negative impacts of stormwater run-off by reducing impervious surface area and providing vegetated areas that filter and retain greater amounts of stormwater on site;

(4)

Moderate heat by providing shade;

(5)

Encourage preservation and replacement of existing trees and landscaping; and

(6)

Augment the tree protection and preservation requirements of article XIV Tree Ordinance.

(b)

Landscape Plan Requirements. The location and description of landscape materials, treatments, decorative paving, amenities, sidewalk furniture or other decorative elements, if any, shall be indicated on a landscape plan to demonstrate compliance with all required provisions.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

The parking lot perimeter landscape regulations of this section are intended to help mitigate the visual and operational impacts of surface parking lots when such areas are adjacent to public streets or Residentially-zoned districts. Unless otherwise expressly stated, the parking lot perimeter landscape regulations of this section apply to the construction or expansion of any surface parking area except those on lots occupied by residential buildings containing fewer than four dwelling units.

(b)

Parking lots subject to these regulations shall be screened from view of public streets using buildings, landscaping, or a combination of buildings and landscaping. Landscaping provided to meet this requirement shall include comply with one of the following options:

(1)

A landscape strip at least five feet wide containing shrubs planted to provide a solid visual screen at least three feet in height at the end of the first growing season, with the remainder of the landscape strip covered with groundcover plants or annual or perennial vegetation; or

(2)

A landscape strip at least three feet in width containing a solid masonry or stone wall at least two feet in height, with the remainder of the landscape strip covered with groundcover plants, sod, or annual or perennial vegetation; or

(3)

A strip at least three feet wide containing paving for an expanded sidewalk zone with tree wells bounded by seat walls at least two feet in height. Tree wells shall have a minimum area of 25 square feet.

(c)

Shade trees shall be provided within required parking lot perimeter landscape strips at the rate of at least one tree per 30 feet on center of parking lot frontage adjacent to a street or sidewalk. A minimum of one tree is required if the length of the frontage is less than 30 feet. The rate can be increased to 60 feet on-center for overstory trees.

(d)

Parking lots shall be screened from any adjacent or abutting Residentially-zoned lots using buildings or one of the following options:

(1)

An opaque fence at least six feet in height and at least one tree per 30 linear feet of fence;

(2)

A masonry wall with a minimum height of six feet;

(3)

A dense evergreen hedge with a minimum height of five feet at the time of planting; or

(4)

A row of evergreen trees with a minimum height of six feet at the time of planting;

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

Unless otherwise expressly stated, the parking lot interior landscape regulations of this section apply to the construction or expansion of any surface parking area containing more than 20 motor vehicle parking spaces. In the case of a parking lot expansion triggering compliance with these regulations, the minimum requirements for landscape area and plant material are calculated solely on the expanded area.

(b)

Parking lots subject to these interior parking lot landscape regulations shall include at least 35 square feet of landscape area per motor vehicle parking space within the parking lot. When at least 50 percent of the interior parking lot landscape area consists of depressed bioretention areas used for stormwater management, the minimum interior parking lot landscape requirement is reduced from 35 square feet per parking space to 25 square feet per parking space. To receive this bioretention credit, the ponding area shall be at least six inches and not more than 18 inches in depth and planted with native wildflowers/herbs, grasses, shrubs, or other appropriate plant material.

(c)

Plant material shall be provided within the interior of parking lots in accordance with the table below.

(d)

Interior parking lot landscaping shall be reasonably distributed throughout the parking lot and provided in landscape islands or medians that comply with all of the following requirements:

(1)

Each island shall be at least 200 square feet in area, not including any curb and gutter;

(2)

Each island shall include at least one shade tree per island and be covered with ground cover plants or mulch;

(3)

Each island shall be protected by curbs or other barriers, which may include breaks or inlets to allow stormwater runoff to enter the landscape; and,

(4)

Parking rows that abut a paved driving surface shall have a landscape terminal island (end cap) at that end of the parking row. All other parking lot landscape islands shall be located to comply with all applicable regulations of this section.

(Ord. No. 2024-03, § 1, 2-1-2024)

A landscape strip at least ten feet in width shall be provided around the immediate perimeter of all parking garages, except along sides lined by habitable/occupiable floor space. Such required landscape strips shall contain at least one tree and ten shrubs per 20 linear feet, with the remainder of the landscape strip covered with groundcover plants, sod, or annual or perennial vegetation.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

Intent. To provide open space as an amenity that promotes physical and environmental health and access to a variety of active and passive recreation options in support of the vision for the character the City of Acworth.

(b)

Applicability.

(1)

On-site open space shall be provided for all development sites except single-family detached dwellings that are single-lot developments.

(2)

Single-family attached and detached projects do not have to comply with the amenity requirements in section 73-156.

(c)

Minimum Open Space Ratio. A minimum of ten percent on-site open space shall be provided for each applicable development site.

(d)

General Requirements. On-site open space shall be provided on all sites in accordance with these regulations:

(1)

Access.

a.

Open spaces shall have unobstructed access from the nearest right-of-way or adjacent building.

b.

Each open space shall be adjacent to a public sidewalk, or other public space, or directly accessible with a connected path.

c.

When a building or individual ground-story commercial establishment adjoins an open space, pedestrian access (both ingress and egress), operable to residents or customers, shall be provided.

(2)

Private Open Space. Rooftop patios, rooftop decks, shared tenant amenity spaces, green roofs, or any other controlled access or private open spaces are permitted and encouraged but shall not be used to satisfy open space requirements.

(3)

Landscape Requirements. Other landscape requirements of this code (e.g.: parking lot landscaping) shall not be counted to meet minimum open space requirements.

(4)

Measuring Size. The size of the open space is measured to include all landscape and paving, not including required streetscape sidewalks or other non-pedestrian paving surfaces.

(5)

Required Amenities.

a.

Each required open space shall accommodate seating for a minimum of three people per 2,500 sf of open space area.

b.

One additional amenity from the following list shall be provided for every 10,000 sf of open space area:

1.

Incorporation of tree planting, to include a minimum of six caliper inches per 2,500 square feet of open space. The tree density used for this credit shall not count toward any other minimum planting requirements.

2.

Bioretention facilities engineered to store and treat stormwater with the combination of soils and plant material and designed to be dry within 24 hours of storm event.

3.

Decorative water feature.

4.

Community garden.

5.

Playground/recreational equipment.

6.

Plaza.

7.

Putting green.

8.

Climbing wall.

9.

Picnic shelter.

10.

Fire pit.

11.

Public outdoor dining area.

(6)

Stormwater. Stormwater management practices, such as normally dry storage and retention facilities or ponds that retain water, may be integrated into open spaces, subject to the following:

a.

Stormwater features in required open spaces shall be designed by a qualified professional as formal or natural amenities with additional uses other than stormwater management, such as an amphitheater, sports field, or a permanent pond or pool as part of the landscape design.

b.

Stormwater features may not be fenced or enclosed by retaining walls over 24 inches in height. Any walls shall be a minimum of ten feet apart for terraces.

(e)

Certificate of Occupancy. All open space requirements shall be fully met before issuance of a Certificate of Occupancy for the development. Bonds may be submitted in lieu of a landscape installation per article XII Guarantees and Sureties.

(f)

Alternative Compliance. Requirements of this section shall be met by open space provided on the subject development site, unless an off-site open space provision is approved in accordance with these standards:

(1)

Off-Site. In lieu of open space dedication on site, a developer or property owner may transfer the required land area to be dedicated to open space to a receiving site.

a.

The purpose of the off-site open space program is to transfer required quantities of open space area from eligible sending sites (subject lots) to eligible receiving sites through a voluntary process that supports usable greenspaces of adequate scale and spacing without compromising efficient and sound land planning practices. This alternative compliance is anticipated to be used primarily in multi-lot projects being developed on similar construction schedules.

b.

To count toward the subject site's required open space, the following shall be met:

1.

The area counted toward the subject lot's open space shall be newly planned. It may not be already planned, under permit review, permitted, under construction, or completed at the time the open space is requested to be counted to the off-site alternative compliance provisions.

2.

The area on the receiving site shall be under construction within six months of the sending site (subject lot) receiving a Certificate of Occupancy.

3.

If the previous standard is not met, the sending site (subject lot) shall submit a bond equal to 150 percent of the value of the open space. The bond shall not be released until such a time that the open space is completed on the receiving site. The value of the open space shall be determined based on an independent appraisal paid for by the subject applicant or developer.

4.

The receiving site shall be located within 1,500 feet of the sending site.

5.

All other Open Space standards shall be met for the combined open space.

(2)

Maximum Area. A maximum of 50 percent of the required open space is permitted to be fulfilled by this Alternative Compliance Section. However, if the subject lot is less than one acre, 90 percent of the open space may be fulfilled by this Alternative Compliance Section.

(Ord. No. 2024-03, § 1, 2-1-2024)

Buffer areas required by this article shall be established and maintained by the property owner and shall:

(1)

Be landscaped and maintained as a planted area with trees, shrubs, flowers, grass, stone, rocks, and other landscaping materials.

(2)

Not be used for parking or contain any structure other than a fence or drainage improvement required by the city. Access through a buffer is allowed provided it is perpendicular to the buffer only and is designed so as to cause the least amount of intrusion possible. Bicycle and/or pedestrian paths and greenways are excluded from these restrictions.

(3)

Utilize and preserve the natural topography and growth of the land except that which is necessary to prevent a nuisance, or to thin such natural growth where too dense for normal growth, or to remove diseased or dangerous vegetation.

(4)

Up to 40% of the required buffer may be cleared for utilization as a slope easement where required to prevent soil erosion.

(5)

Include a solid fence or wall no less than six feet in height if vegetative materials do not provide continuous visual screening. All required fencing shall be installed prior to issuance of the certificate of occupancy.

(6)

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.

(7)

Buffer area shall not be counted in addition to the setback requirement.

(8)

Buffers need not be established in those instances in which a street separates zoning districts. However, landscaping requirements shall apply.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

Deciduous trees used to satisfy the landscaping and screening regulations of this chapter shall have a minimum caliper size of two inches at time of planting. Evergreen trees shall have minimum height of six feet at time of planting. Trees shall have a minimum mature height of 30 feet. Tree varieties shall be selected from section 73-464 Tree Species List.

(1)

Required street tree plantings and landscape zones shall not count toward the minimum open space tree plantings and vice versa.

(2)

On-site tree plantings shall be spaced a minimum of 30 feet on-center for understory trees and 60 feet on center for overstory trees.

(b)

Shrubs used to satisfy the landscaping and screening regulations of this Division shall have a minimum container size of three gallons. Shrubs shall have a minimum mature height of two feet.

(c)

Ground cover plants or landscape material shall consist of shrubs, pine straw, mulch, or other similar landscape material.

(d)

Landscaped Areas.

(1)

All landscaped areas shall be protected by wheel stops, curbs, or other physical barriers where adjacent to vehicle use areas and shall be covered with grass, organic mulch or low maintenance ground cover.

(2)

Landscaped bioretention areas are encouraged for natural drainage channels to reduce runoff and increase infiltration of water into the soil.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

Required landscaping and screening shall be continuously maintained, including necessary watering; weeding; pruning; pest control; litter and debris clean-up; and replacement of dead, diseased or damaged plant material.

(b)

Trees shall be limbed to at least ten feet in height above the sidewalk or any transportation route.

(c)

Failure to comply with an approved landscaping plan, including failure to maintain required landscaping and screening and failure to replace dead, diseased or damaged landscaping, constitutes a violation of this chapter and is subject to penalties and enforcement under article X Violations, Penalties, Enforcement.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

Accessibility for fire equipment on hard surfaced sub-base (subgrade plus an asphalt first layer or bound crushed stone) shall be maintained through all stages of construction from the time framing begins.

(b)

Minimum width of private access driveways within a development, excluding parking, shall be 20 feet, and the minimum turning radius shall be 35 feet.

(c)

Fire hydrants and water service shall be installed to within 300 feet of units under construction before proceeding with framing.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

A solid fence on three sides shall enclose all dumpsters.

(b)

The height of the fence shall be equal to or higher than the height of the dumpster and in accordance with section 73-152 Fences and Walls.

(c)

The operable side of the dumpster shall be concealed with a gate equal to or higher than the height of the dumpster. The gate shall be opaque and constructed of durable materials.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

Dumpsters shall be placed in the rear yard and shall be located a minimum of five feet from property lines.

(b)

In no case, shall loading activities hinder or obstruct the free movement of vehicle, and pedestrians over a street, sidewalk, alley, or to interrupt parking lot circulation.

(c)

Service activities within 300 feet of residential uses, including single-family detached, single-family attached, multi-unit buildings, and mixed-use development with a residential component shall only be permitted Monday through Friday from 7:00 a.m.—10:00 p.m. and on Saturdays from 9:00 a.m.—9:00 p.m. This measurement shall be the shortest distance between the dumpster enclosure and any point on the property line of the residentially used property. These restrictions shall also apply to any service activities within a mixed-use development located within 300 feet of any residential unit within that development. In this case, the measurement shall be the shortest distance between the dumpster enclosure to the exterior wall of a residential unit.

(d)

Access to dumpsters shall be provided via a paved, dust-free surface.

(e)

Trash collection, trash compaction, recycling collection, and other similar service areas shall be located to the side or rear of buildings and must be screened from view from adjacent property or street (not including an alley).

(f)

Service areas that are fully integrated into a building shall be screened with a roll down door or other opaque screen.

(Ord. No. 2024-03, § 1, 2-1-2024)

The city deems it necessary and desirable in the interest of public health, safety, and welfare to enact an ordinance for the purpose of screening disabled vehicles parked or stored at a business which is permitted under the zoning chapter to have stored disabled vehicles.

(Ord. No. 2024-03, § 1, 2-1-2024)

The intent of this chapter is to:

(1)

Prevent disabled vehicles from being visible from all public roads and surrounding properties.

(2)

Provide standards for the screening of disabled vehicles.

(Ord. No. 2024-03, § 1, 2-1-2024)

All junked or disabled vehicle lots shall comply with the following standards:

(1)

A six to eight foot privacy fence shall be erected. Fencing shall be flush to the ground;

(2)

Fence shall be composed of a type of opaque material. Examples of opaque fencing shall include, but not be limited, to a masonry-type product such as brick, vinyl, and pressure treated wood.

(3)

Chain link fencing shall be allowed only when there is an opaque covering and additional trees are planted along the frontage of the fence. Trees shall consist of a hardwood species, shall have a minimum two inch caliper and shall be spaced in two staggered rows with ten feet separation between the trees in each row. Additional vegetative cover on the fence such as planted ivy and shrubbery is encouraged.

(4)

Fence shall be constructed so that it shall be entirely opaque.

(5)

The fence shall be constructed so that no opening shall interfere with or obstruct traffic on a public or private road.

(6)

Fencing shall be maintained at all times, at the owner's expense.

(7)

Under no circumstances shall coiled barbwire be visible from a public road or from surrounding properties.

(8)

Vehicles shall not be stacked so as to be seen over the fencing.

(9)

No individual vehicle shall be parked in the storage areas for a period of more than four weeks, unless the business is approved to specifically be a storage or junk yard.

(Ord. No. 2024-03, § 1, 2-1-2024)

In cases where the Disabled Vehicle Lot is directly adjacent to undeveloped US. Army Corps of Engineers owned property, there shall be no fencing requirement on the contiguous property line(s).

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

Commercial developments and some residential developments, such as apartment complexes require Site Plan approval as a function of the permit review process. Should the application not have had a prior review process by the mayor and board of aldermen (e.g.: variance, rezoning, etc.), the site plan shall be reviewed by the mayor and board of aldermen. Site plans are necessary for any change of use, new construction, or exterior alteration requiring abuilding permit of any building whether or not board review is required.

(b)

Accompanying the site plan shall be conceptual architectural building facade elevations showing proposed materials, height, and colors. All commercial and industrial buildings facade's (front, sides, and rear) shall be composed primarily (60 percent or greater) of masonry (brick, stone, or architectural split faced block only) with accents of hard-coat stucco (EIFS), glass, fabric (for awnings only), and metal (only for awnings, window frames and accent molding details) and wood (window frames and accent molding details only). Any alternative designs, including but not limited to metal, wood, basic cinder block materials, shall be reviewed and approved by the mayor and board of aldermen, with a recommendation by the Planning Commission. Approval here is of the site plan, not the particular use.

(c)

All decisions shall be based on site information only.

(d)

In order to meet the standards of this chapter, an application may be approved, denied, or approved with conditions. Note: these standards do not supersede any other development requirements including, but not limited to, soil erosion approval, engineering review and detention requirements, subdivision platting review, and building plan review.

(e)

Site plan decision shall be based on demonstration of compliance with the requirements of the City's Code of Ordinances.

(f)

Once all City standards have been found to be in compliance, the development may be issued applicable permits.

(g)

If a permit has not been obtained within 12 months of an approved plan, said approval shall be deemed void and the project shall be resubmitted and reviewed by City staff under the most current regulations.

(h)

If a permit has been issued and a development remains for more than six months with no activity, the permit shall be revoked and will require to be resubmitted for review by City staff under the most current regulations.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

Site plans must be submitted in a digital form using either an AutoCAD designation (.dwg), Portable Documents Format (PDF), or similarly accepted standard.

(b)

The legal description of the parcel(s) for which the approval is sought.

(c)

A map(s) of the subject property should provide the following data and information:

(1)

All certifications and dedications appropriately indicated;

(2)

Boundaries of site;

(3)

Municipal boundary lines, section lines, parks, public green spaces or permanent easements which are related to this property and are able to indicate the location of this property;

(4)

The location, width and names of existing or previously platted streets, railroads and utilities rights-of-way, and easements;

(5)

Total acreage or square footage;

(6)

The location, grades and sizes of utilities (water, manholes, sanitary sewer, storm drainage, and power), and the dimension and location of easements;

(7)

Previous topography and proposed profiles of site;

(8)

100 yr. Floodplain, Wetlands and State Waters information. Including all necessary buffers.

(9)

Zoning information, including zoning district, setbacks, lot size, density, greenspace/open space, etc.

(d)

Regarding the proposed use of each parcel:

(1)

The size, arrangement and orientation of all buildings proposed to be used for dwelling purposes or any other purpose as indicated.

(2)

The location, height, configuration, and material of all walls, fences, or other structures proposed, including dumpsters.

(3)

The location, size and dimensions of all existing or proposed driveways entrances, exits, traffic-circulation patterns, acceleration and deceleration lanes; and the relationship to the site on which the property is located.

(4)

Landscape plan showing all existing and proposed plantings.

(e)

Any applicable covenants or restrictions.

(f)

For sites that contain multiple users, a master development plan shall be required for all clearing and grading, soil erosion control, development infrastructure, and storm water control. Full details shall be shown for master storm water detention/retention, if applicable. The applicant shall investigate alternative means of storm water detention that shall meet the State's Best Management Practices.

(g)

Any retention or detention ponds where staff finds there to be a potential threat to the health, safety, and welfare shall be fenced. An example of a potential threat shall be a slope in excess of two to one or greater or where pond depth is six feet or greater.

(1)

Landscaping shall be planted around the fence perimeter (with a minimum of a row of six foot tall evergreen trees such as Leyland Cypress), with exception of the entryway for maintenance of the pond.

(2)

Fencing shall be, at a minimum, chain link with black vinyl coating (or similar approved by staff).

(3)

Applicant shall have the option to install a pressure treated wood or cedar screen fence in place of the black coated fence.

(4)

Should the applicant decide to make the retention pond as a water quality amenity, staff shall have the flexibility to alter the fencing requirements.

(h)

Complete Grading Plans showing the extent of retaining walls, buffers, screen walls, etc. along the side and rear shall be made available for review and approved by staff prior to land disturbing activities.

(i)

Should any State waters be identified on the property, the development shall not encroach within the 75-ft stream buffer except where approved to be piped or where roads are necessary and approved for access.

(j)

Any stream crossings shall require review and approval from the mayor and board of aldermen.

(k)

Landscape plan.

(l)

Architectural elevations, including proposed materials.

(Ord. No. 2024-03, § 1, 2-1-2024)

All developments shall adhere to the screening requirements outlined herein:

(1)

Mechanical Equipment.

a.

Exemptions Free-standing or roof-mounted renewable energy systems such as solar panels are exempt from these screening requirements.

b.

Roof-Mounted Equipment

1.

Roof-mounted equipment shall be screened from ground level view from adjacent property or adjacent street (not including an alley).

2.

New buildings shall provide a parapet wall or other architectural element that screens roof-mounted equipment from view.

3.

For existing buildings with no or low parapet walls, roof-mounted equipment shall be screened on all sides by an opaque screen compatible with the principal building in terms of texture, quality, material, and color.

c.

Wall-Mounted Equipment

1.

Wall-mounted equipment shall not be located on any surface that directly faces a street (not including an alley).

2.

Wall-mounted equipment located on any surface that is visible from a street (not including an alley) must be fully screened by landscaping or an opaque screen compatible with the principal building in terms of texture, quality, material and color.

d.

Ground-Mounted Equipment

1.

Ground-mounted equipment screening shall be as high as the highest point of the equipment being screened.

2.

Screening shall consist of landscaping or an opaque screen compatible with the principal building in terms of texture, quality, material, and color.

(2)

Utility Service Areas.

a.

Utility service areas located outside of the right-of-way that exceed 42 inches in height and 42 inches in any other dimension must be screened from the street.

b.

Screening shall consist of landscaping or a wall or fence compatible with the principal building in terms of texture, quality, material, and color.

c.

Utility service areas must be located an adequate distance from the street to allow for any required screening to be installed without encroaching into the public right-of-way.

d.

Screening is not required for utility service areas located more than 50 feet from a street.

(Ord. No. 2024-03, § 1, 2-1-2024)

All properties shall, at all times, regardless of occupancy, be maintained to City standards including:

(1)

The parking lot and sidewalks shall be kept in proper working order without significant cracking. Potholes and indentions shall be corrected within 60 days. All traffic markings shall clearly marked and repainted, if necessary.

(2)

All traffic control devices such as stop signs shall be in proper working order. Any defacing shall be corrected within 30 days.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

A review shall be required for any proposed use of land before any building or development permit is issued or any improvement, grading, or alteration of land or building commences to determine compliance with all provisions of this Chapter.

(b)

Site plans and other development plans required to be submitted under the provisions of this article shall be prepared only by those currently registered for such work in accordance with applicable state laws; plans for structures whose value exceeds $10,000.00 shall be prepared by a registered engineer or architect.

(c)

Development permit applications shall be reviewed by the Director and shall be accompanied by complete plans signed by the author. Such plans shall provide:

(1)

A 24 hour contact,

(2)

A scale drawing showing the actual shape and dimensions of the lot to be built upon, the exact sizes and locations on the lot of the buildings and accessory buildings then existing, and the lines within which the proposed building or structure shall be erected or altered,

(3)

The existing or intended use of each building or part of a building,

(4)

The number of families or housekeeping units the building is designed to accommodate,

(5)

The location of all bulk sanitation containers, and

(6)

Such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for enforcement of this article.

(7)

House plans, elevations and house materials.

(8)

A lighting plan. The lighting plan shall allow for:

a.

The parking lot lights shall be directed downward on the parking lot.

b.

The parking lot light poles shall not exceed 40 feet in height.

c.

No lighting shall project into the buffer areas or spillover to adjacent property.

d.

There shall be no flashing sign components.

(9)

Parking plan for all but individual single-family residential uses.

(10)

Any additional information required to assess compliance with the Code of Ordinances.

(11)

All such information required by division 9 Site Plan Review Process.

(d)

All building and development permits approved by the city shall in no case grant any building permit for the use, construction or alteration of any land or building if the land or building as proposed to be used, constructed or altered would be in violation of the provisions of this article or any other codes and laws of the city or the state, except as provided herein.

(e)

Requirements for moving a building. No dwelling unit or other permanent structure shall be moved within or into the city unless it is first approved, the structure must meet all the zoning standards of the district in which the structure will be located. The Public Works Director shall represent the city in all manners pertaining to the actual relocation of the structure.

(Ord. No. 2024-03, § 1, 2-1-2024)

The board of aldermen shall establish a schedule of fees, charges, and expenses and a collection procedure for building permits; development permits; and rezoning, variance, and other similar applications authorized by this Chapter. The schedule of fees shall be made available to the general public and may be altered or amended only by the board of aldermen. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.

(Ord. No. 2024-03, § 1, 2-1-2024)

The duties of the building inspector with respect to this article shall include, but not be limited to:

(1)

The issuance of building permits in accordance with all provisions of this article.

(2)

Making field inspections to determine that the building or structure being constructed, reconstructed, moved or structurally altered or used is being pursued in accordance with the site plan for which a building permit has been issued. The building inspector shall issue citations when a violation is found to exist so that appropriate legal action may be taken to ensure compliance.

(3)

Determining, to the best of their ability, that all construction has been completed in accordance with all applicable City code requirements prior to allowing occupancy.

(Ord. No. 2024-03, § 1, 2-1-2024)

A certificate of occupancy, issued by the building inspector, is required in advance of the uses of occupancy of:

(1)

Any lot or change in use thereof.

(2)

A building hereinafter erected or a change in the use of an existing building.

(3)

Any non-conforming use that is existing at the time of the enactment of this chapter or an amendment hereto, or any non-conforming use that is changed, extended, altered or rebuilt thereafter.

(Ord. No. 2024-03, § 1, 2-1-2024)