For the purpose of this chapter, the city is hereby divided into 13 districts designated as follows:

R-1 Residential

R-2 Residential

R-3 Residential

R-3A Residential

R-4 MH residential

N-S Neighborhood shopping

C-1 Roadside business

C-2 General business

C-3 Downtown general business

I-N Institutional

I Industrial

AG Agricultural

PMUD Planned mixed-use

(Code 1962, § 27-22; Code 1986, § 23-20; Ord. No. O-89-10-28, 10-23-1989; Ord. No. O-04-08-14, 8-19-2004; Ord. No. O-06-12-46, 12-21-2006)

Within an R-1 residential district, the following uses are permitted:

(1)

Dwelling, single-family, detached, but not including manufactured homes, or mobile homes.

(2)

Public, private and parochial schools, not including nursery schools.

(3)

Private clubs and golf courses of not less than 50 acres.

(4)

Public parks and public recreational facilities.

(5)

Noncommercial greenhouses, nurseries and truck gardens.

(6)

Churches and other places of worship provided they are located on a major or collector street as designated on the official major street map of the city and are placed not less than 50 feet from any property line.

(7)

Customary home occupations.

(8)

Reserved.

(9)

Accessory buildings, provided such shall be permitted only in a rear yard and shall not be less than five feet from any property line, and provided further that no mobile home, whether or not placed upon a permanent foundation, may be used as an accessory building. Notwithstanding the foregoing, a freestanding metal or wooden structure, whether constructed at the site or prefabricated, which is intended for use primarily as a carport, shall be considered an accessory building and may be located in either a side yard or a rear yard. Such carport structure shall not extend beyond the front of the residential structure located upon the premises. Any such structure to be constructed or located at a location upon residential property other than the location authorized in this subsection (9) shall be prohibited unless a proper variance therefor has been obtained from the zoning board of appeals. A building permit shall be obtained and a building permit and inspection fee shall be paid prior to the commencement of construction or location of an accessory building in accord with the provisions of section 14-30.

(10)

Noncommercial clubs, lodges, and social and recreational centers provided they are located not less than 50 feet from any property line.

(11)

Public utilities such as electrical substations, sewage treatment plants or pumping stations, etc., provided same are required for service of the immediate area. Said utilities shall be fenced with a chainlink-type woven wire fence and suitably landscaped. No offices shall be permitted and no equipment shall be stored on the site.

(12)

Beautyshops and barbershops, where such beauty shop or barbershop meet the customary home occupation requirements established in section 94-1; provided, however, that any such beauty shop or barbershop that has employed only one nonfamily member not residing on the premises as of April 16, 1974, shall be allowed to continue such nonfamily member not residing on the premises.

(13)

Bed and breakfast inns, provided that such use is approved pursuant to the special exception provisions contained in section 94-32, and further provided that the bed and breakfast inn is established, maintained and operated in accord with the provisions of chapter 14 including, but not limited to, the provisions which relate specifically to the establishment, maintenance and operation of bed and breakfast inns contained in article V, therein.

(14)

Child family day care center.

(15)

Nursery schools, playschools, kindergartens and child group day care centers, provided such use is in a private residence, and that such use is approved pursuant to the special exception provisions contained in section 94-32.

(16)

Family personal care home.

(17)

Group personal care home, provided such use is located in a private residence, and that such use is approved pursuant to the special exception provisions contained in section 94-32.

(18)

Telecommunications antennas and towers, provided that such antennas and towers are permitted, installed, and maintained in accord with the standards for telecommunications antennas and towers provisions of chapter 14, article VI, and provided that such use is approved pursuant to the special exception provisions contained in section 94-32; provided, however, that if there is any conflict between the provisions or requirements of the standards for telecommunications antennas and towers and section 94-32, the provisions of the standards for telecommunications antennas and towers shall control.

(19)

Industrialized home.

(20)

Adult family day care center.

(Code 1962, § 27-23; Code 1986, § 23-21; Ord. No. O-87-10-20, 10-19-1987; Ord. No. O-92-08-23, 8-24-1992; Ord. No. O-93-12-44, 12-27-1993; Ord. No. O-96-09-38, 9-22-1996; Ord. No. O-96-11-48, 11-21-1996; Ord. No. O-98-12-47, 12-17-1998; Ord. No. O-99-08-31, 8-19-1999; Ord. No. O-02-07-19, 7-18-2002; Ord. No. O-02-10-29, 10-24-2002; Ord. No. O-03-01-07, 2-20-2003; Ord. No. O-03-05-09, 5-22-2003; Ord. No. O-05-02-07, 2-24-2005)

Within an R-2 residential district, the following uses are permitted:

(1)

All uses permitted in an R-1 residential district.

(2)

Boardinghouses and roominghouses.

(3)

Residential duplexes.

(4)

The following uses may be permitted as special exceptions by the city planning commission in accordance with the provisions of section 94-32, entitling the planning commission to consider special exceptions:

a.

Cemeteries.

b.

Nursery schools, playschools, kindergartens, child group day care centers, provided that such uses are located in a private residence.

c.

Undertaking establishments and funeral homes.

d.

Professional offices, so long as the architectural design of the building occupied is, in keeping with the general architectural design and general appearance of the neighborhood. As a condition precedent to any building permit being issued under this section, or before any building under this section is used as a professional office, the city planning commission shall approve any plans, specifications, or the building itself to see that the architectural design or general appearance of the building is in keeping with the architectural design and general appearance of the neighborhood. The term "professional offices" shall be interpreted as meaning all persons engaging in the professions of attorneys, physicians, surgeons, chiropractors, osteopaths, naturopaths, psychotherapists, masseurs, electrotherapists, dentists, occulists, optometrists, chiropodists, pathologists, urologists, radiologists, certified public accountants, public accountants, architects, surveyors, engineers, public relations and consulting services, without the presence of retail sales, noisy commercial machinery or equipment and high volume traffic, and other categories which would normally be considered businesses of a professional nature.

e.

Fraternity and sorority houses, so long as adequate space for off-street parking is provided for a minimum of 20 motor vehicles on the property to be used as a fraternity or sorority house. As a condition precedent to any building permit being issued under this subsection (e) or before any building under this subsection is used as a fraternity or sorority house, the city planning commission shall approve any plans or inspect the property site itself to be certain there is adequate space provided for the off-street parking of a minimum of 20 motor vehicles.

f.

Zero-lot-line dwellings.

g.

Telecommunications antennas and towers, provided that such antennas and towers are permitted, installed, and maintained in accord with the standards for telecommunications antennas and towers provisions of chapter 14, article VI, and provided that such use is approved pursuant to the special exception provisions contained in section 94-32; provided, however, that if there is any conflict between the provisions or requirements of the standards for telecommunications antennas and towers and section 94-32, then the provisions of the standards for telecommunications antennas and towers shall control.

(Code 1962, § 27-24; Code 1986, § 23-22; Ord. of 12-22-1986, § 1; Ord. No. O-91-04-12, 4-24-1991; Ord. No. O-96-09-38, 9-22-1996; Ord. No. O-96-11-48, 11-21-1996; Ord. No. O-98-12-47, 12-17-1998; Ord. No. O-99-05-19, 5-20-1999; Ord. No. O-99-08-31, 8-19-1999; Ord. No. O-03-09-22, 9-18-2003; Ord. No. O-04-06-10, 6-24-2004)

(a)

The R-3 residential district is established to protect and promote a suitable environment for family life, to meet the needs and demands for the development of higher density residential areas, and to protect the future development of land in accordance with the comprehensive plan of the city.

(b)

Within an R-3 residential district, the following uses are permitted:

(1)

All uses permitted in an R-2 residential district.

(2)

Duplexes and triplexes.

(3)

Multifamily dwellings, which include townhouses, condominiums, garden apartments, or any multifamily arrangements where more than three units are together on one piece of property.

(4)

Accessory uses customary to dwellings.

(5)

Minimum lot area per dwelling unit requirements. The minimum area per dwelling unit, less applicable setback shall not be less than indicated by dwelling type in the following table:

Multiple-Family Dwelling Units Lot Area Requirements

(6)

Zero-lot-line dwellings, provided the following physical requirements are met:

a.

Minimum lot area: one-eigth acre, 5,445 square feet;

b.

Minimum floor area per dwelling unit: 700 square feet;

c.

Minimum road frontage: 30 feet;

d.

Minimum lot width: 40 feet as measured at the building line;

e.

Minimum front yard: 20 feet;

f.

Minimum rear yard: zero feet;

g.

Minimum side yard: zero feet on one side and ten feet on the other side;

h.

Maximum lot coverage by principal dwelling unit: 50 percent.

(7)

Telecommunications antennas and towers, provided that such antennas and towers are permitted, installed, and maintained in accord with the standards for telecommunications antennas and towers provisions of chapter 14, article VI, and provided that such use is approved pursuant to the special exception provisions contained in section 94-32; provided, however, that if there is any conflict between the provisions or requirements of the standards for telecommunications antennas and towers and section 94-32, then the provisions of the standards for telecommunications antennas and towers shall control.

(8)

Manufactured homes, provided manufactured housing in this district meet the R-2 residential requirements in section 94-161.

(Code 1962, § 27-24.1; Code 1986, § 23-23; Ord. No. O-98-12-47, 12-17-1998; Ord. No. O-99-05-19, 5-20-1999; Ord. No. O-99-08-31, 8-19-1999; Ord. No. O-02-10-29, 10-24-2002; Ord. No. O-03-11-34, 11-20-2003)

(a)

The R-3A district is established to protect and promote a suitable environment for family life, to meet the needs and demands for the development of medium density residential areas, and to protect the future development of land in accordance with the comprehensive plan of the city.

(b)

Within an R-3A residential district, the following uses are permitted:

(1)

All uses permitted in an R-2 residential district.

(2)

Duplexes and triplexes.

(3)

Multifamily dwellings, which include townhouses, condominiums, garden apartments, or any multifamily arrangements where more than three units are together on one piece of property.

(4)

Accessory uses customary to dwellings.

(5)

Minimum lot area per dwelling unit requirements. The minimum area per dwelling unit less, applicable setback shall not be less than indicated by dwelling type in the following table:

Multiple-Family Dwelling Units Lot Area Requirements

(6)

Telecommunications antennas and towers, provided that such antennas and towers are permitted, installed, and maintained in accord with the standards for telecommunications antennas and towers provisions of chapter 14, article VI, and provided that such use is approved pursuant to the special exception provisions contained in section 94-32; provided, however, that if there is any conflict between the provisions or requirements of the standards for telecommunications antennas and towers and section 94-32, then the provisions of the standards for telecommunications antennas and towers shall control.

(7)

Manufactured homes, provided manufactured housing in this district meet the R-2 residential requirements in section 94-161.

(Code 1986, § 23-23.5; Ord. No. O-98-12-47, 12-17-1998; Ord. No. O-99-08-31, 8-19-1999; Ord. No. O-02-10-29, 10-24-2002; Ord. No. O-03-11-34, 11-20-2003)

(a)

No mobile homes as defined in section 94-1 shall be allowed within the city. Those that exist at the time of the adoption of the amendment from which this section is derived may remain in their present locations until such time as they are destroyed or moved from the city.

(b)

The purpose of this zone is to provide a zone where lots may be rented as in a manufactured home park or purchased by individuals in a subdivision for the purpose of permanently locating a manufactured home or constructing a single-family residence. All manufactured home parks or subdivisions developed in this district shall be developed according to the requirements of chapter 86, subdivisions.

(c)

Within an R-4 MH residential district, the following regulations and uses are permitted:

(1)

Minimum development or subdivision size shall be five acres.

(2)

Uses permitted:

a.

Dwelling, single-family, detached.

b.

Manufactured home.

c.

Industrialized home.

d.

Accessory buildings.

e.

Trailer camps, as defined in section 50-21, providing that the following criteria shall apply:

1.

The trailer camp shall be established and operated in connection with a nonprofit business or entity and located in an R-4 MH residential district, which is not otherwise engaged in the operation of a trailer camp.

2.

The trailer camp shall be established and operated as incidental and accessory to such business or entity in its primary activities and be in furtherance of such activity.

3.

The units or lots of such trailer camps shall be a minimum of 1,000 square feet.

4.

Application for the establishment of such trailer camp shall be made in accord with the provisions of chapter 50, and all provisions of such chapter, except as related to lot size, shall be applicable to such trailer camp.

f.

Child family day care center.

g.

Telecommunications antennas and towers, provided that such antennas and towers are permitted, installed, and maintained in accord with the standards for telecommunications antennas and towers provisions of chapter 14, article VI, and provided that such use is approved pursuant to the special exception provisions contained in section 94-32; provided, further, that if there is any conflict between the provisions or requirements of the standards for telecommunications antennas and towers and section 94-32, then the provisions of the standards for telecommunications antennas and towers shall control.

(3)

Standards for manufactured home parks.

a.

At least ten percent of the site shall be open space. The open space shall not consist entirely of undevelopable lands and should be integrated into site design, not relegated to one corner of the park.

b.

A density bonus or smaller lots may be granted by the planning commission where more recreational improvements will be provided.

c.

In manufactured home parks there shall be not less than 20 feet of open, unoccupied space between each manufactured home. Front setbacks for private access streets within a park, which are not considered major, collector, or other shall be 25 feet.

(Code 1962, § 27-24.2; Code 1986, § 23-24; Ord. No. O-90-07-18A, 7-23-1990; Ord. No. O-99-05-19, 5-20-1999; Ord. No. O-99-08-31, 8-19-1999; Ord. No. O-02-10-29, 10-24-2002)

(a)

Intent and purpose. The N-S neighborhood shopping district, is intended to be composed of only those establishments that supply convenience goods or personal services, satisfying the daily needs of the residents of the abutting neighborhoods. These districts are small and are within convenient walking distance of most of the areas they will serve. All businesses, servicing, and/or storage within this district must not be objectionable by reason of odor, dust, bright lights, smoke, noise, vibration or congestion. All businesses, servicing, and/or processing shall be conducted within a completely enclosed building except where the nature of the activity makes it impossible, e.g., off-street loading, childcare playground, vehicle fuel pumps. Any commercial structure within this district shall not exceed 3,000 square feet of gross floor area.

(b)

Permitted uses. Within an N-S neighborhood shopping district, the following uses are permitted:

(1)

Gasoline service stations, where the primary function is the retail sale of vehicle fuel, oil, grease, tires, batteries and accessories, and where services are limited to installation of items sold, washing, polishing, and greasing, with no fulltime mechanic service. Provided, however, that all storage tanks, dispensing devices, and canopies which shield dispensing device areas from the weather shall be located not less than 20 feet from any right-of-way or property line. All buildings shall be located not less than 15 feet from all storage tanks and dispensing devices.

(2)

Churches and other places of worship provided they are located on a major or collector street as designated in section 94-214, classification of streets, and are placed not less than 50 feet from any property line.

(3)

Banks, including drive-through banks.

(4)

Laundry and dry cleaning pickup stations, and self-service laundries.

(5)

Florists and gift shops.

(6)

Barber and beauty shops.

(7)

Nursery schools, playschools, kindergartens, child group day care centers and child day care centers.

(8)

Nonresidential accessory building.

(9)

Restaurants where food and beverages are served and consumed only within the enclosed structure. Not permitted are outdoor dining areas, drive-ins, drive-thrus, pickup windows or other exterior service facilities.

(10)

Convenience stores with or without gasoline or diesel fuel.

(11)

Public utilities, such as phone or electrical substations, water or sewage pumping stations, etc., provided the same are required for service of the immediate area. Said utilities shall be fenced with a chainlink-type woven wire fence and landscaped according to section 94-194(a)(2) of the buffer requirements. No offices shall be permitted and no equipment shall be stored on the site.

(12)

Video sales and rentals.

(13)

The following use may be permitted as special exception, by the city planning commission in accordance with the provisions of section 94-32, entitled planning commission to consider special exceptions: telecommunications antennas and towers, provided that such antennas and towers are permitted, installed, and maintained in accord with the standards for telecommunications antennas and towers provisions of chapter 14, article VI. Provided, however, that if there is any conflict between the provisions or requirements of the standards for telecommunications antennas and towers and section 94-32, then the provisions of the standards for telecommunications antennas and towers shall control.

(Code 1962, § 27-25; Code 1986, § 23-25; Ord. No. O-89-04-09, 4-24-1989; Ord. No. O-92-02-07, 2-24-1992; Ord. No. O-93-12-44, 12-27-1993; Ord. No. O-94-01-07, 1-25-1994; Ord. No. O-95-03-09, 3-24-1995; Ord. No. O-96-09-38, 9-22-1996; Ord. No. O-96-11-48, 11-21-1996; Ord. No. O-97-04-11, 4-24-1997; Ord. No. O-99-08-31, 8-19-1999; Ord. No. O-00-03-10, 3-23-2000)

Within a C-1 roadside business district, the following uses shall be permitted:

(1)

Hotels, motels, tourist courts.

(2)

Restaurants and eating establishments.

(3)

Bus stations.

(4)

Private clubs and accessory facilities and activities.

(5)

Nonresidential accessory building.

(6)

Commercial recreational facilities.

(7)

Drive-in theaters, provided that there shall be not less than 200 feet of sight distance at any exit onto a major or connector street and provided that there shall be off-street storage space to accommodate waiting automobiles at the ratio of one space for each five theater accommodations.

(8)

Any other retail sales or retail service establishments or use which, by virtue of the type, character or location of the business conducted, rely upon automobiles, trucks or other such motor vehicles for the transportation of its customers to and from its own particular business location.

(9)

Gasoline service stations, which shall be defined as an establishment where gasoline or other motor vehicle fuel is sold at retail, and dispensed at full service or self-service dispensing devices which may include facilities for minor repairs and services. Provided, however, that all storage tanks, dispensing devices, and canopies which shield dispensing device areas from the weather shall be located not less than 20 feet from any right-of-way or property line. All buildings shall be located not less than 15 feet from all storage tanks and dispensing devices. All buildings or other structures located on said lot shall be located in accord with the minimum setback provisions of section 94-161. In the event that the gasoline service station is located on a corner lot at the intersection of two or more streets, the means of ingress and egress thereto shall not be less than 20 feet from the intersection of street lines and such ingress and egress shall be designed so as to minimize the interference with the flow of traffic.

(10)

Shopping centers/strip shopping centers.

(11)

Offices and banks.

(12)

Wholesaling and warehousing; provided, however, that neither toxic materials nor flammable liquids nor explosives shall be permitted; and further provided that the building utilized for such warehousing shall be no larger than 8,000 square feet; and further provided that the operation of such building for such warehousing purpose shall not cause any injurious or obnoxious noise, vibration, smoke, gas, fumes, odor, dust, fire hazard or other objectionable conditions.

(13)

Adult entertainment establishments.

(14)

Nursery schools, playschools, kindergartens, child group day care centers and child day care centers.

(15)

Self-service storage facilities, provided, that the owner complies with the buffer requirements in section 94-194 prior to the issuance of a certificate of occupancy for such a facility.

(16)

Museums and historic buildings which are open to the public or where the owner thereof conducts guided tours for the public upon request; provided, however, that upon approval by the city council, a portion of such museum or historic building may be used for residential purposes, so long as the residential area of such museum or historic building meets all applicable building and other such codes for residential buildings in the city.

(17)

Motor vehicle repair, provided, however, that no outside storage of motor vehicles or motor vehicle parts associated with such business shall be permitted unless the area where such storage is located is properly screened in accord with the requirements of subsection 14-136(c)(1).

(18)

Telecommunications antennas and towers, provided that such antennas and towers are permitted, installed, and maintained in accord with the standards for telecommunications antennas and towers provisions of chapter 14, article VI, and provided that such use is approved pursuant to the special exception provisions contained in section 94-32; provided, however, that if there is any conflict between the provisions or requirements of the standards for telecommunications antennas and towers and section 94-32, then the provisions of the standards for telecommunications antennas and towers shall control.

(19)

Automotive facilities which include new and used sale and repair and servicing, provided that:

a.

The primary purpose of all such facilities and activities shall be to provide retail sales and services to the general public;

b.

All general automotive repair, paint and body shop operations, and any open lot display of used automotive vehicles for sale shall be permitted only as accessory repair, servicing or sales functions of a new car dealer;

c.

Servicing, except customary services in conjunction with the dispensing of gas and oil, is undertaken entirely within the enclosed structures;

d.

All outside automobile storage and parking areas are properly screened in accordance with the requirements of subsections 14-136(c)(1) or (2).

(20)

Indoor recreational facilities.

(21)

Outdoor recreational facilities.

(22)

Churches, faith-based organizations, and other places of worship.

(23)

Adult group day care center.

(24)

An alternative educational services facility for students in grades 6-12 of the Sumter County School District subject to the following provisions:

a.

The alternative educational services shall be provided either by the Sumter County School District or by a commercial third party education services business or entity in accord with a written contract with the Sumter County School District;

b.

The actual building or building space to be used for the provision of such services shall contain at least 4,500 square feet;

c.

Such educational services shall be provided in a building or building space which is a single separate and distinct unit of a shopping center or strip shopping center that has at least 50 parking spaces on the site of the building where the educational services are to be provided which are available to students and faculty of the educational services building; and

d.

The educational services facility shall only be operated during daylight hours.

(25)

Aquaculture, subject to special exception authorization pursuant to section 94-32 of the City Code.

(26)

Ambulatory health care professionals, including allied health care professionals that are licensed by the State of Georgia; provided that the building where such use is located shall not exceed 7,500 square feet of floor space.

(27)

Event center as the same is defined and regulated under section 14-401 of the city Code.

(Code 1962, § 27-26; Code 1986, § 23-26; Ord. No. O-88-05-19, 5-23-1988; Ord. No. O-88-05-21, 5-23-1988; Ord. No. O-88-08-28, 8-22-1988; Ord. No. O-92-02-07, 2-24-1992; Ord. No. O-93-06-23, 6-24-1993; Ord. No. O-93-12-44, 12-27-1993; Ord. No. O-94-01-07, 1-25-1994; Ord. No. O-95-02-08, 2-23-1995; Ord. No. O-95-03-09, 3-24-1995; Ord. No. O-95-09-32, 9-21-1995; Ord. No. O-95-12-47, 12-21-1995; Ord. No. O-96-09-38, 9-22-1996; Ord. No. O-96-11-48, 11-21-1996; Ord. No. O-97-04-11, 4-24-1997; Ord. No. O-99-08-31, 8-19-1999; Ord. No. O-00-01-01, 1-20-2000; Ord. No. O-00-03-12, 3-23-2000; Ord. No. O-00-04-17, 4-20-2000; Ord. No. O-00-12-49, 12-21-2000; Ord. No. O-01-06-21, 6-21-2001; Ord. No. O-02-02-06, 2-21-2002; Ord. No. O-05-02-07, 2-24-2005; Ord. No. O-05-05-13, 5-19-2005; Ord. No. O-05-12-46, 12-5-2005; Ord. No. O-11-05-04, 5-19-2011; Ord. No. O-2012-21, 7-19-2012; Ord. No. O-2013-19, 7-18-2013; Ord. No. O-2021-1, pt. 2, 1-21-2021)

Within a C-2 general business district, the following uses shall be permitted:

(1)

Baking establishment.

(2)

Bus station.

(3)

Dance studios/schools.

(4)

Physical fitness facilities.

(5)

Dry cleaners/tailors.

(6)

Newspaper offices, printing establishments.

(7)

Gasoline service stations, which shall be defined as an establishment where gasoline or other motor vehicle fuel is sold at retail, and dispensed at full service or self-service dispensing devices which may include facilities for minor repairs and services. Provided, however, that all storage tanks, dispensing devices, and canopies which shield dispensing device areas from the weather shall be located not less than 20 feet from any right-of-way or property line. All buildings shall be located not less than 15 feet from all storage tanks and dispensing devices. All buildings or other structures located on said lot shall be located in accord with the minimum setback provisions of section 94-161. In the event that the gasoline service station is located on a corner lot at the intersection of two or more streets, the means of ingress and egress thereto shall be not less than 20 feet from the intersection of street lines and such ingress and egress shall be designed so as to minimize the interference with the flow of traffic.

(8)

Parking lots and parking garages.

(9)

Public building or use.

(10)

Nonresidential accessory building.

(11)

Soft drink bottling and distribution plants.

(12)

Undertaking establishments and funeral homes.

(13)

Wholesale use not requiring warehousing.

(14)

Veterinary hospitals; provided, however, that no outside boarding of dogs, cats, or any other domestic animal shall be permitted.

(15)

Shopping centers/strip shopping centers.

(16)

Upper floor residential use is permitted in multistory buildings.

(17)

Offices and banks.

(18)

Restaurants and eating establishments to include: New York style deli, candy shop, sandwich shop, coffeeshop, regional and ethnic dining and fine dining.

(19)

Adult entertainment establishment.

(20)

Hardware (small convenience).

(21)

Specialty meat/fish market.

(22)

Grocery store.

(23)

Men's/boys', women, children, family apparel.

(24)

Women's accessories/specialties.

(25)

Shoes, dress and casual.

(26)

Furniture store.

(27)

Floor covering.

(28)

Drapery/upholstery.

(29)

Radio/TV/electronics.

(30)

Computers/software.

(31)

Records/tapes/CDs.

(32)

Musical instruments.

(33)

Drugstore.

(34)

Liquor/wine store.

(35)

Antiques.

(36)

Sporting goods/bicycles.

(37)

Books.

(38)

Stationery.

(39)

Jewelry.

(40)

Hobby/toy/games.

(41)

Camera/supply.

(42)

Gift/novelty.

(43)

Sewing/piece goods.

(44)

Florists.

(45)

Newsstand.

(46)

Optical.

(47)

Art galleries/framing.

(48)

Office supplies.

(49)

Beauty shops/barbershops.

(50)

Shoe repair/shoeshine.

(51)

Video rental.

(52)

Motor vehicle repair; provided, however, that no outside storage of motor vehicles or motor vehicle parts associated with such business shall be permitted unless the area where such storage is located is properly screened in accord with the requirements of subsection 14-136(c)(1).

(53)

Hotels, motels, tourist courts.

(54)

Personal service establishments, to include tanning salons and massage therapy offices.

(55)

Photography studios.

(56)

Nursery schools, playschools, kindergartens, child group day care centers and child day care centers.

(57)

Telecommunications antennas and towers, provided that such antennas and towers are permitted, installed, and maintained in accord with the standards for telecommunications antennas and towers provisions of chapter 14, article VI, and provided that such use is approved pursuant to the special exception provisions contained in section 94-32, provided, that if there is any conflict between the provisions or requirements of the standards for telecommunications antennas and towers and section 94-32, then the provisions of the standards for telecommunications antennas and towers shall control.

(58)

Automotive facilities which include new and used sale and repair and servicing, provided that:

a.

The primary purpose of all such facilities and activities shall be to provide retail sales and services to the general public;

b.

All general automotive repair, paint and body shop operations, and any open lot display of used automotive vehicles for sale shall be submitted only as accessory repair, servicing or sales functions of a new car dealer;

c.

Servicing, except customary services in conjunction with the dispensing of gas and oil, is undertaken entirely within the enclosed structures;

d.

All outside automobile storage and parking areas are properly screened in accordance with the requirements of subsections 14-136(c)(1) or (2).

(59)

Carwash.

(60)

Pawnshop.

(61)

Pest control, provided, that all parking of service vehicles be done in off-street parking in the rear of the building or in a properly screened area in accord with the requirements of subsection 14-136(c)(1).

(62)

Indoor recreational facilities.

(63)

Outdoor recreational facilities.

(64)

Churches, faith-based organizations, and other places of worship.

(65)

Convenience store with or without gasoline or diesel fuel sales.

(66)

Adult group day care center.

(67)

Aquaculture, subject to special exception authorization pursuant to section 94-32 of the City Code.

(68)

Event center as the same is defined and regulated under section 14-401 of the city Code.

(Code 1962, § 27-27(p); Code 1986, § 23-27; Ord. of 6-30-1986; Ord. No. O-88-05-20, 5-23-1988; Ord. No. O-89-04-09, 4-24-1989; Ord. No. O-92-02-07, 2-24-1992; Ord. No. O-93-06-23, 6-24-1993; Ord. No. O-93-12-44, 12-27-1993; Ord. No. O-94-01-07, 1-25-1994; Ord. No. O-95-02-08, 2-23-1995; Ord. No. O-95-09-32, 9-21-1995; Ord. No. O-95-12-47, 12-21-1995; Ord. No. O-96-09-38, 9-22-1996; Ord. No. O-96-11-48, 11-21-1996; Ord. No. O-97-04-11, 4-24-1997; Ord. No. O-99-08-31, 8-19-1999; Ord. No. O-00-01-01, 1-20-2000; Ord. No. O-00-04-17, 4-20-2000; Ord. No. O-00-10-41, 10-19-2000; Ord. No. O-00-12-49, 12-21-2000; Ord. No. O-01-06-21, 6-21-2001; Ord. No. O-02-02-06, 2-21-2002; Ord. No. O-04-08-14, 8-19-2004; Ord. No. O-05-02-07, 2-24-2005; Ord. No. O-05-05-13, 5-19-2005; Ord. No. O-05-12-46, 12-5-2005; Ord. No. O-2012-21, 7-19-2012; Ord. No. O-2021-1, pt. 3, 1-21-2021)

Within a C-3 downtown general business district, the following uses shall be permitted:

(1)

Baking establishments.

(2)

Tailor shop and dress making.

(3)

Printing/publishing.

(4)

Hotels.

(5)

Parking lots and parking garages.

(6)

Public building or use.

(7)

Wholesale use not requiring warehousing.

(8)

Veterinary hospitals; provided, however, that no outside boarding of dogs, cats, or any other domestic animal shall be permitted.

(9)

Upper floor residential use is permitted in multistory buildings.

(10)

Offices and banks.

(11)

Restaurants and eating establishments to include: New York style deli, candy shop, sandwich shop, coffeeshop, regional and ethnic dining and fine dining.

(12)

Nonresidential accessory building.

(13)

Hardware (small convenience).

(14)

Specialty meat/fish market.

(15)

Grocery store.

(16)

Mens'/boys', women, children, family apparel.

(17)

Women's accessories/specialties.

(18)

Shoes (dress and casual).

(19)

Furniture and furnishing store.

(20)

Floor covering.

(21)

Drapery/upholstery.

(22)

Radio/TV/electronics.

(23)

Computers/software.

(24)

Records/tapes/CDs.

(25)

Musical instruments.

(26)

Drugstore.

(27)

Beer/wine store.

(28)

Antiques.

(29)

Sporting goods/bicycle.

(30)

Books.

(31)

Stationery.

(32)

Jewelry.

(33)

Hobby/toy/games.

(34)

Camera/supply.

(35)

Gift/novelty.

(36)

Sewing/piece goods.

(37)

Florists.

(38)

Newsstand.

(39)

Optical.

(40)

Art galleries/framing.

(41)

Office supplies.

(42)

Beauty shops and services, barber, hairdresser, and/or stylist shops, beauty supply retail, beauty/health spas, manicure establishments.

(43)

Shoe repair/shoeshine.

(44)

Video rental.

(45)

Dance studios/schools.

(46)

Physical fitness facilities.

(47)

Tanning center.

(48)

Photography studios.

(49)

Telecommunications antennas and towers, provided that such antennas and towers are permitted, installed, and maintained in accord with the standards for telecommunications antennas and towers provisions of chapter 14, article VI, and provided that such use is approved pursuant to the special exception provisions contained in section 94-32; provided, however, that if there is any conflict between the provisions or requirements of the standards for telecommunications antennas and towers and section 94-32, then the provisions of the standards for telecommunications antennas and towers shall control.

(50)

Indoor recreational facilities.

(51)

Convenience store with or without gasoline or diesel fuel sales.

(52)

Administrative or research facilities.

(53)

Business or trade school.

(54)

College or university.

(55)

Parks and open areas.

(56)

Theaters.

(57)

Sidewalk cafes.

(58)

Optometry offices.

(Code 1986, § 23-27.5; Ord. No. O-89-10-28, 10-23-1989; Ord. No. O-94-01-07, 1-25-1994; Ord. No. O-95-02-08, 2-23-1995; Ord. No. O-95-12-47, 12-21-1995; Ord. No. O-99-08-31, 8-19-1999; Ord. No. O-00-10-41, 10-19-2000; Ord. No. O-00-12-49, 12-21-2000; Ord. No. O-04-08-14, 8-19-2004; Ord. No. O-2013-6, 1-17-2013)

Within an I-N institutional district, the following uses shall be permitted:

(1)

Hospitals.

(2)

Nursing or convalescent homes.

(3)

Schools, including colleges and universities.

(4)

Nursery schools, playschools, kindergartens, child group day care centers and child day care centers.

(5)

Sorority or fraternity houses, provided they are located not less than 50 feet from any property line which abuts a residential district.

(6)

Professional offices.

(7)

Undertaking establishments and funeral homes.

(8)

Churches and other places of worship provided they are located on a major or collector street as designated on the official major street map of the city and are placed not less than 50 feet from any property line.

(9)

Florist shops.

(10)

Drugstores.

(11)

Offices or clinics for medical, dental or chiropractic practice.

(12)

Clinical laboratories.

(13)

Restaurants and eating establishments.

(14)

Motels.

(15)

Antique shops.

(16)

Public buildings and use.

(17)

Fraternal organizations.

(18)

Any other activity that is customarily considered as being accessory to a hospital, school, college or university.

(19)

Residences; provided, however, that no residence shall be closer to any other institutional use than 150 feet on the same side of the street within the same block.

(20)

Financial institutions exclusive of small loan companies.

(21)

Nonresidential accessory buildings.

(22)

Group personal care home.

(23)

Telecommunications antennas and towers, provided that such antennas and towers are permitted, installed, and maintained in accord with the standards for telecommunications antennas and towers provisions of chapter 14, article VI, and provided that such use is approved pursuant to the special exception provisions contained in section 94-32, provided, that if there is any conflict between the provisions or requirements of the standards for telecommunications antennas and towers and section 94-32, then the provisions of the standards for telecommunications antennas and towers shall control.

(24)

Emergency shelters.

(25)

Adult group day care center.

(26)

Aquaculture, subject to special exception authorization pursuant to section 94-32 of the City Code.

(Code 1962, § 27-28; Code 1986, § 23-28; Ord. No. O-93-12-45, 12-27-1993; Ord. No. O-94-01-07, 1-25-1994; Ord. No. O-96-09-38, 9-22-1996; Ord. No. O-96-11-48, 11-21-1996; Ord. No. O-99-08-31, 8-19-1999; Ord. No. O-02-07-19, 7-18-2002; Ord. No. O-05-02-07, 2-24-2005; Ord. No. O-2012-21, 7-19-2012)

Within an I industrial district, the following uses shall be permitted:

(1)

All retail uses dependent upon or closely related to industry.

(2)

Any industry not causing injurious or obnoxious noise, vibration, smoke, gas, fumes, odor, dust, fire hazard or other objectionable conditions.

(3)

Wholesaling and warehousing.

(4)

Airports.

(5)

Truck and bus terminals.

(6)

Telecommunications antennas and towers, provided that such antennas and towers are permitted, installed, and maintained in accord with the standards for telecommunications antennas and towers provisions of chapter 14, article VI.

(7)

Restaurants.

(8)

Gasoline service stations, which shall be defined as an establishment where gasoline or other motor vehicle fuel is sold at retail, and dispensed at full service or self-service dispensing devices which may include facilities for minor repairs and services. Provided, however, that all storage tanks, dispensing devices, and canopies which shield dispensing device areas from the weather shall be located not less than 20 feet from any right-of-way or property line. All buildings shall be located not less than 15 feet from all storage tanks and dispensing devices. All buildings or other structures located on said lot shall be located in accord with the minimum setback provisions of section 94-161. In the event that the gasoline service station is located on a corner lot at the intersection of two or more streets, the means of ingress and egress thereto shall be not less than 20 feet from the intersection of street lines and such ingress and egress shall be designed so as to minimize the interference with the flow of traffic.

(9)

Farm supply and equipment sales.

(10)

Storage yards, including building materials and lumberyards.

(11)

Junkyards, provided that any area on the premises, other than indoors, where junk is kept shall be enclosed, except for exits and entrances to the junkyard, with a solid vertical wall or fence of a minimum height of ten feet measured from ground level. Such vertical wall or fence shall comply with all setback requirements of the district. All dismantling, storage, processing or repair work with respect to the junk shall take place within the walled or fenced area. Exits and entrances shall not be wider nor more numerous than reasonably necessary for the conduct of business. Junk located within the junkyard area shall be stored in piles not exceeding ten feet in height. No junkyard shall be authorized which will be located within 500 feet of any residential zone as defined by this Code. In the event that property is rezoned for use as a junkyard in accord with this Code, such use shall not commence until such time as the vertical wall or fence required by this provision shall have been constructed.

(12)

Feed and seed processing plant.

(13)

Veterinary hospitals and kennels, with outside boarding of dogs, cats and other domestic animals being permitted.

(14)

Adult entertainment establishment.

(15)

Nonresidential accessory building.

(16)

Flea market.

(17)

Self-service storage facility, provided, that the owner complies with the buffer requirements in section 94-194 prior to the issuance of a certificate of occupancy for such facility.

(18)

Carwash.

(19)

Pest control.

(20)

Waste transfer stations, provided that such waste transfer stations shall only be authorized to handle construction and demolition debris in accord with the provisions of Rule 391-3-4-06 of the Environmental Protection Division of the Georgia Department of Natural Resources, as that rule may now exist or be hereafter amended. Notwithstanding the foregoing, no such waste transfer station shall be located in an industrial district unless a special exception has been granted for such use particular to the property upon which such use is to be located. Such special exception shall be approved or denied by the planning commission in accord with the procedures established in subsections 94-32(1)—(3). In considering the grant or denial of such a special exception, the planning commission shall hold a public hearing thereon and, at the conclusion of the public hearing, shall grant or deny the application for special exception using the following standards:

a.

The proposed use shall not have a substantial adverse impact upon the existing use or usability of adjacent or nearby property.

b.

The proposed use shall not cause an excessive or burdensome use of existing streets, transportation facilities, utilities, schools or other public facilities.

c.

Any other relevant factors, including but not limited to, the conformity of the proposed use with duly adopted land use and other physical development plans or policies for the area, may also be considered. The provisions of subsection 94-32(5) shall be applicable to a special exception granted in accord with the provisions of this subsection.

(21)

Materials recovery facility, provided that such materials recovery facility shall only be authorized to handle construction and demolition debris in accord with the provisions of Rule 391-3-4-06 and Rule 391-3-4-09 of the Environmental Protection Division of the Georgia Department of Natural Resources, as that rule may now exist or be hereafter amended. Notwithstanding the foregoing, no such materials recovery facility shall be located in an industrial district unless a special exception has been granted for such use particular to the property upon which such use is to be located. Such special exception shall be approved or denied by the planning commission in accord with the procedures established in subsections 94-32(1)—(3). In considering the grant or denial of such a special exception, the planning commission shall hold a public hearing thereon and, at the conclusion of the public hearing, shall grant or deny the application for special exception using the following standards:

a.

The proposed use shall not have a substantial adverse impact upon the existing use or usability of adjacent or nearby property.

b.

The proposed use shall not cause an excessive or burdensome use of existing streets, transportation facilities, utilities, schools, or other public facilities.

c.

Any other relevant factors, including but not limited to, the conformity of the proposed use with duly adopted land use and other physical development plans or policies for the area, may also be considered. The provisions of subsection 94-32(5) shall be applicable to a special exception granted in accord with the provisions of this subsection.

(22)

Aquaculture, subject to special exception authorization pursuant to section 94-32 of the City Code.

(Code 1962, § 27-29; Code 1986, § 23-29; Ord. No. O-88-02-05, 2-22-1988; Ord. No. O-92-02-07, 2-24-1992; Ord. No. O-93-06-23, 6-24-1993; Ord. No. O-93-12-44, 12-27-1993; Ord. No. O-94-01-07, 1-25-1994; Ord. No. O-94-09-32, 9-22-1994; Ord. No. O-95-09-32, 9-21-1995; Ord. No. O-97-04-11, 4-24-1997; Ord. No. O-99-08-31, 8-19-1999; Ord. No. O-00-04-17, 4-20-2000; Ord. No. O-00-10-41, 10-19-2000; Ord. No. O-05-12-46, 12-5-2005; Ord. No. O-08-03-04, 3-20-2008; Ord. No. O-10-06-21, 6-24-2010; Ord. No. O-2012-21, 7-19-2012)

Within an A-G agricultural district, the following uses shall be permitted:

(1)

Nonresidential accessory building.

(2)

Any form of horticulture or agriculture.

(3)

Airports.

(4)

Telecommunications antennas and towers, provided that such antennas and towers are permitted, installed and maintained in accord with the standards for telecommunications antennas and towers provisions of chapter 14, article VI.

(5)

Restaurants.

(6)

Farm supply and equipment sales.

(7)

Feed and seed processing plants.

(8)

Stockyards, provided, that no structure shall be less than 200 feet from any property line.

(9)

Churches and other places of worship provided they are located on a major or collector street as designated on the official major street map of the city and are placed not less than 50 feet from any property line.

(10)

Veterinary hospitals and kennels, with outside boarding of dogs, cats and other domestic animals being permitted.

(11)

Aquaculture.

(Code 1962, § 27-30; Code 1986, § 23-30; Ord. No. O-88-02-06, 2-22-1988; Ord. No. O-93-12-44, 12-27-1993; Ord. No. O-94-01-07, 1-25-1994; Ord. No. O-99-08-31, 8-19-1999; Ord. No. O-00-10-41, 10-19-2000; Ord. No. O-2012-21, 7-19-2012)

(Code 1962, § 27-31; Ord. No. O-88-08-29, 8-22-88; Ord. No. O-89-10-28, 10-23-89; Ord. No. O-90-02-04, 2-26-90; Ord. No. O-97-04-12, 4-24-97; Ord. No. O-98-12-47, 12-17-98; Ord. No. O-02-10-29, 10-24-02)

(a)

Purposes of the planned mixed-use district.

(1)

The purpose of this district is to provide for appropriate planned development of quality mixed-use projects within the City of Americus by allowing greater freedom of design, by improving the opportunity for flexibility and creativity in the land development process, by undertaking techniques which foster community and pedestrianism, and by limiting the expenditure of public funds in an effort to achieve the objectives and intent of the city's comprehensive plan. Specifically, this district is intended to:

a.

Allow diversification of uses, structures, densities and open spaces when not in conflict with existing and permitted land uses on abutting properties;

b.

Reduce development costs through a more efficient use of land and a smaller network of utilities and streets than is possible through the application of standards contained in conventional land development regulations;

c.

Conserve the natural amenities of the land by encouraging the preservation of environmentally significant, scenic and functional open space;

d.

Provide maximum opportunity for the application of innovative site planning concepts through the creation of aesthetically pleasing environments for living, shopping and working on properties of adequate size, shape and location;

e.

Insure that development will occur according to the advantages and limitations of land, site design, population density, building coverage, improvement standards and construction phasing as authorized through the approval of a comprehensive site development plan;

f.

Provide a mechanism to incorporate and implement the goals and intent of the City of Americus Comprehensive Plan; and

g.

Encourage pedestrianism and transportation alternatives.

(2)

This district is not intended to increase overall density or development intensity on a particular property except in relation to an improved design and benefit to the public. The use of open space, public meeting areas and recreational uses should be included as part of any project. This district is intended to provide a vehicle for improved development through creative design and appropriate mixtures of land uses.

(3)

There are two variations of the planned mixed-use district: Mixed-use village and mixed-use center. The city's comprehensive plan should be consulted to determine when and where each of these variations may be appropriate.

(b)

Minimum design requirements.

(1)

Consistency with comprehensive plan. All projects must be reasonably consistent with the goals and intents of the City of Americus Comprehensive Plan.

(2)

Variations to development standards.

a.

Variations to local development standards (i.e. development and zoning regulations), including variations in lot sizes, widths, building setbacks, densities, parking requirements, right-of-way widths, street widths, buffers and other components may be approved to improve said project. Any variation to an adopted regulation or requirement must be expressly submitted and reviewed as part of an overall plan. All variations must be included in a "list of standards" agreed to and accepted by the city.

b.

The city will not consider variations to standards or regulations of other regulating jurisdictions, such as erosion control regulations, fire codes, floodplain control, stream buffers or other similar regulations, without the express written consent and approval of applicable jurisdiction. Furthermore, said consent shall not guarantee, nor require the city to waive any or all requirements.

(3)

Design requirements. All projects should incorporate traditional neighborhood design principles. Interconnectivity, pedestrianism, good design, architectural detail and appropriate scale are essential elements. Where appropriate, separate land uses are encouraged to be integrated both horizontally and vertically.

(4)

At a minimum all projects shall include and/or incorporate the following components:

a.

All planned mixed-use development projects must have a minimum of two distinct type of land use (commercial and single-family, industrial and multifamily, etc.).

b.

All projects must have a professionally prepared master plan for the entire project. It must be designed and incorporated together to provide a harmonious transition from one use to another. Common architecture, themes, significant natural features, connectivity and other items must be included.

c.

A functional town center, community green, park, or other focal point must be included to create character and identity.

d.

Interconnections to adjoining property, whether developed or undeveloped, should be included and incorporated into the design where appropriate.

e.

All projects should have adequate and appropriate access.

f.

Other standards, as outlined in the City of Americus Comprehensive Plan Design Guidelines, which are appropriate for the site's specific location and character area should be included.

(5)

When determining the appropriateness and viability of a proposed project, the city shall consult the City of Americus Comprehensive Plan. Projects that prove that the use of innovative or creative design will benefit the city may be considered for said district.

(c)

Permitted uses.

(1)

Planned mixed-use village.

a.

Planned mixed-use villages shall be primarily residential in character and may include a mixture of single-family and multifamily residential uses. Overall residential density shall be limited to no more than _____ units per acre. Lower densities may be required by the city where appropriate.

b.

Supplemental nonresidential uses (office and limited retail) are permitted when complimentary to and compatible with the orderly operation of the residential project, provided that all such uses shall not constitute more than 20 percent of the total project land area or gross floor area, whichever is less, or as otherwise permitted by the city council. Residential uses may be attached, semi-attached, detached and/or located within multi-story buildings above nonresidential office or commercial development.

c.

Mixed-use villages shall be designed using the adopted Comprehensive Plan Design Guidelines adopted by the City of Americus. Favorable projects will incorporate most, if not all, of these standards.

d.

All projects shall incorporate good design and engineering principles.

(2)

Planned mixed-use center.

a.

Planned mixed-use centers shall be primarily nonresidential in character and may include a mixture of office, commercial and industrial uses.

b.

Supplemental residential uses may also be permitted when complimentary to and compatible with the orderly development of the planned project; provided that all such residential uses shall not exceed the net density in excess of what the least restrictive conventional residential zoning would permit or that density outlined by the city's comprehensive plan, whichever is greater. Lower residential densities may be required by the city council if adjacent to lower density residential areas, or where otherwise appropriate.

c.

All projects shall incorporate good design and engineering principles.

(d)

Site development standards.

(1)

Minimum site area. The minimum site area shall consist of no less than _____ acres of contiguous land area.

(2)

Perimeter development requirements. No housing type, use, setback, height, and coverage requirements are established. However, existing residential development along the perimeter of the planned mixed-use development shall be adequately protected by setbacks, landscaped walls and/or other buffers to be established as part of the site development plan review.

(3)

Internal development requirements.

a.

No minimum lot sizes or shapes shall be required, except as may be established as part of the site development plan review.

b.

No minimum distance between on-site structures shall be required, except as may be established as part of the site development plan review; however, applicable fire code requirements shall be met.

c.

No minimum yard setbacks shall be required, except as may be established as part of the site development plan review.

(4)

Off-street parking and loading. Adequate off-street parking and loading areas shall be provided. However, reductions in total parking requirements is strongly encouraged. The sharing of off-street parking areas between uses is allowed and encouraged as well as parallel on-street where appropriate. The use of porous alternative parking areas is allowed and encouraged where appropriate.

(5)

Landscaping. Landscaping shall meet or exceed all of the minimum requirements of the city's zoning ordinance. The preservation of mature trees and tree stands is strongly encouraged.

(6)

Underground utilities. All on-site utilities shall be installed underground. The developer shall provide adequate landscaping to screen all above ground facilities.

(7)

Accessibility. Every residential unit or permitted use shall have direct access to a public street via a private road, common easement, or other area dedicated or reserved for public use.

(8)

Common open space requirements.

a.

All designated common open spaces shall be preserved by one or more of the following methods:

(i)

Public dedication, subject to acceptance by the city council by formal vote.

(ii)

Conveyance to a property owners' association or nonprofit land conservation organization.

(iii)

Retention of ownership, control and maintenance by the developer with a permanent conservation easement donated to a nonprofit land conservation organization.

b.

All privately-owned common open space shall conform to its intended use and remain as expressed in the approved site development plan through the inclusion in all deeds of appropriate covenant. Said deed restrictions shall run with the land.

(9)

Environmental considerations. Protections of wetlands, creeks and streams should be provided where appropriate.

(e)

Application procedures.

(1)

The following procedures, applications and exhibits shall be required when applying for rezoning to a planned unit development district:

a.

Pre-application conference: Before submitting an application for rezoning to a planned mixed-use development district, the applicant shall confer with the community development director to determine the feasibility for the proposed plan and its relationship to the city's comprehensive plan.

b.

Professional service requirement: Any plan or exhibit as part of an application for a planned unit development shall certify that the services of two or more of the following professionals were utilized in the design or planning process:

(i)

A planner who is a member of the American Institute of Certified Planners;

(ii)

A landscape architect registered by the State of Georgia;

(iii)

An architect licensed by the State of Georgia; and/or

(iv)

A professional civil engineer registered by the State of Georgia.

c.

Application fees required: Fees shall be required at the time of submittal of an application for rezoning to a planned mixed-use development district in conformance with the city's fee schedule.

d.

Review information required site development plan: All applications for rezoning to a planned mixed-use development district shall include the following information on the site development plan and supporting documents:

(i)

A recent (less than three years) boundary survey with north arrow and scale;

(ii)

A full legal description of the property with attached copies of any instruments referred to such as deeds, plats, covenants or restrictions;

(iii)

The names and addresses of the owners of the property to be rezoned and evidence of unified control of the property;

(iv)

The names and addresses of all adjoining property owners;

(v)

The total area of the site in acres and square feet;

(vi)

A map indicating the location, arrangement and dimensions of the following existing features within and immediately adjacent to the property: Vegetation (including tree preserve areas), state waters, land uses, buildings, structures, utilities, drainage ways, easements, public street rights-of-way, railways and property lines;

(vii)

A statement as to how the proposed project conforms to the city's adopted comprehensive plan design guidelines;

(viii)

Plans showing the location, arrangement and dimensions of all proposed land uses, including the number of floors per building (other than single-family residential); the height of all nonresidential and multifamily buildings above finished grade; building setbacks from perimeter boundaries and from public rights-of-way; a proposed traffic circulation plan showing the location and dimensions of all streets, driveways, walkways, bikeways, parking spaces and loading areas; and all proposed common elements including utilities, open spaces and recreation areas;

(ix)

A plan or statement showing the manner of improving common open spaces, together with provisions, restrictions and conditions anticipated for the use, maintenance and operation of such common elements;

(x)

A statement, in tabular form, of the anticipated gross residential density and overall project density, the total number of dwelling units by type, size and number of bedrooms, and gross floor area devoted to business or other nonresidential uses;

(xi)

Proposals for providing stormwater drainage and on-site retention areas and, at the city's discretion, may include rough calculations, approximate size of retention areas, methods of pollutant removal, location of berms, swales, culverts, and sewers, anticipated finished grades and proposed slopes and grades adjacent to bodies of water; and

(xii)

An architectural sketch or sketches of typical proposed structures.

e.

Planning commission: After receiving a staff recommendation from the community development director, the planning commission shall make a recommendation to the governing body of the city as required in the city's the zoning ordinance.

f.

City council:

(i)

Upon receiving the recommendation of the planning commission, the city council shall, at a public hearing, review said recommendation and proposed project. The city council may then either approve, approve subject to conditions or disapprove the application.

(ii)

Any and all variations to the city's development regulations, zoning ordinance, or other standards shall be outlined in a "list of standards" and illustrated on the site plan adopted by the city.

(iii)

In the event the rezoning is approved by the city council, the site development plan shall be certified by the city, and said certified copy shall be filed as a permanent record. Without exception, the approved plan shall be binding upon all existing and future owners and assigns.

(2)

Conformance to approved site development plan.

a.

After rezoning to a planned mixed-use district, no permits shall be issued and no development shall commence unless in conformance with the approved site development plan, unless a change or deviation is approved by the city.

b.

The community development director may approve minor changes and deviations from the approved site development plan which are in compliance with the provisions and intent of this article and which do not depart from the principal concept of the approved site development plan.

c.

Should the community development director determine that a requested change or deviation from the approved site development plan does not comply with the provisions and intent of this article, or departs from the principles of the planned mixed-use development, the applicant may apply for approval of such change or deviation to the city council as a plan amendment.

(3)

Failure to begin planned unit development. If no construction has been initiated or no use established in the planned unit development within 18 months from the time of rezoning, the approved site development plan shall lapse and become null and void until the plan is resubmitted for approval or a new site plan is approved as a plan amendment.

(Ord. No. O-06-12-46, 12-21-2006)

(a)

Purpose and intent. The purpose of the commercial corridor district is to address issues of public safety, health and general welfare, including controlling the visual and architectural character of commercial corridors through the use of design requirements in order that commercial strips are visually compatible with the development of Americus.

(b)

Requirements. All new development and existing development, when the building outline is proposed to change, shall adhere to the requirements of this section.

(c)

Parking and on-site circulation.

(1)

A landscape buffer strip at least ten feet wide around parking areas shall be densely planted with shrubs and trees of a type that possess growth characteristics of such a nature as to produce a dense, compact evergreen planting screen.

(2)

In addition to a planted buffer, trees and shrubs shall be at least three feet high at the time of planting and capable of growing to a height of at least six feet within three years.

(3)

There shall be one tree with a 2½-inch diameter planted for every eight parking spaces in a the parking lot.

(4)

Raised pedestrian walkways shall be installed through parking areas of 50 or more spaces or more than 100 feet in average width or depth.

(5)

Parking lots with 50 spaces or more shall be divided into separate areas and divided by landscaped areas or walkways at least ten feet in width, or by a building or group of buildings.

(6)

Developments of two acres or more must provide a pedestrian circulation plan for the site. Pedestrian walkways shall be directly linked to entrances.

(7)

Connections shall be made when feasible to any streets adjacent to the property and to any pedestrian facilities that connect with the property.

(8)

Parking lots shall be connected with adjacent parking lots.

(9)

Maximum allowable number of spaces. The number of spaces provided by any particular use in ground surface lots shall not exceed the required number of spaces provided by this chapter by more than 50 percent; except that for professional service and office uses, including medical and dental, parking spaces may be approved not to exceed a total of six spaces per 1,000 square feet of gross floor area under the staff permit procedure, provided that any parking that exceeds the required number of spaces by more than 50 percent shall be shown to be necessary and shall be on improved pervious surface with one tree per five spaces. Spaces provided on-street, or within the building footprint of structures, such as in rooftop parking, or under-structure parking, or in multi-level parking above or below surface lots, shall not apply towards the maximum number of allowable spaces.

(10)

Curb cuts shall be kept to a minimum, and shall in no case be greater than 30 feet in length, nor closer than 200 feet to another curb cut.

(d)

Connectivity.

(1)

All developments shall provide sidewalks having a minimum width of six feet along all frontages of the lot that abut a public street.

(2)

Continuous on-site sidewalks having a minimum width of four feet shall be provided from the public sidewalk to the principal customer entrance of all buildings on the site. Such sidewalks shall provide weather protection features such as awnings or arcades along the building facade within 30 feet of all customer entrances. Sidewalks shall connect focal points of pedestrian activity such as, but not limited to, street crossings, building and store entrances.

(3)

Sidewalks having a minimum width of six feet shall be provided along the full length of the building facade featuring a customer entrance, and along any facade abutting public parking areas.

(4)

All buildings shall provide direct pedestrian access from on-site parking areas as well as the public sidewalk.

(5)

All on-site sidewalks shall be distinguished from vehicular surfaces through the use of durable, low maintenance materials such as pavers, bricks, or scored concrete to enhance pedestrian safety.

(e)

Setbacks and buffer requirements.

(1)

For setback requirements, see C-2 general business.

(2)

A maximum front and side yard setback shall correspond to the size of the buffer requirement in all commercial development.

(3)

Side and rear yard buffers. Whenever the zoning ordinances require side and rear yard buffers, one or more, or a combination of the following buffers shall be installed along the lot line of the subject property, as follows:

a.

Natural buffer strip. A strip at least 25 feet wide, having an existing natural growth equivalent to a density planted evergreen screen. A landscape plan identifying all existing trees of six-inch caliper or greater which are to be retained inside the 25-foot natural buffer strip, along with any proposed trees and shrubs, must be approved by the building code enforcement officer prior to any site construction;

b.

Landscape buffer strip. A strip at least ten feet wide, densely planted with shrubs and trees at least three feet high at the time of planting, of a type that possesses growth characteristics of such a nature as to produce a dense, compact evergreen planting screen capable of growing to a height of at least six feet within three years. A landscape plan identifying all plants to be incorporated in the buffer strips must be approved by the building code enforcement officer prior to any site construction; or

c.

Landscape buffer wall. A buffer strip at least ten feet wide, containing an opaque wall or barrier or uniformly painted fence at least six feet in height. Buffer strips shall have five feet of landscape plantings on the exterior side of the wall and shall be planted with appropriate trees, shrubs and groundcover as to provide a transition from the wall to both edges of the buffer strip. A landscape plan identifying the location and construction of the wall or barrier and all plants to be incorporated in the buffer strip must be approved by the building code enforcement officer prior to any site construction.

(4)

It is permissible for any part of subsections (3)b or (3)c of this section to be intermingled with some natural landscape materials, as long as they meet the intent of this section.

(5)

No certificate of occupancy shall be issued by the city until any buffers required by this section are planted or installed.

(6)

All developments shall to the extent practical provide entryway berming for the purpose of shielding parking areas, loading docks, dumpsters, and similar areas from view by employing the following methods, in order of preference:

a.

Preservation of natural land forms, trees and other landscape elements.

b.

Landscaped berms with asymmetrical groupings of plant materials, including trees and shrubs which are long lived, and indigenous to Americus and this part of Georgia and 50 percent of which shall be evergreen species.

(7)

Buildings shall incorporate live plant materials as foundation plantings.

(8)

Any site furnishings such as railings, benches, trash receptacles and bicycle racks shall complement the building design and style.

(9)

One canopy tree shall be planted for every 250 square feet of landscaped area. Shrubs shall be planted at a ratio of three for every one tree.

(10)

A minimum of 20 percent of all existing trees having a diameter of 16 inches or greater shall be retained. This requirement shall be in addition to the standards of any required landscape area; however, such retention may be achieved through tree preservation within such areas.

(f)

Orientation and scale.

(1)

Buildings shall have their primary orientation toward the street rather than the parking area. Public sidewalks shall be provided adjacent to a public street along the street frontage.

(2)

For corner lots, buildings shall be oriented towards both roads by addressing the corner as the primary facade and the minimum front yard setback shall be observed on both street frontages.

(3)

The building shall cover no more than 50 percent of the site width. When measuring site width, only buildable portions of the site shall be included.

(4)

The maximum gross lot coverage of the building shall not exceed 40 percent of the lot.

(5)

Trash storage areas, mechanical equipment and similar areas are not permitted to be visible from the street, nor are permitted between the building and the street.

(6)

All dumpsters shall be screened with building material consistent with the main structure.

(7)

All dumpsters shall have gates that act as screens.

(8)

Building frontages greater than 100 feet in length shall have offsets, or other distinctive changes in the building facade.

(9)

Buildings shall incorporate lighting and changes in mass, surface or finish to give emphasis to entrances.

(10)

Buildings shall incorporate arcades, roofs, alcoves, porticoes and/or awnings at public entrances that protect pedestrians from the rain and sun.

(11)

All on-site circulation systems shall incorporate a streetscape, which includes curbs, sidewalks, pedestrian scale light standards, and street trees.

(g)

Roof shape.

(1)

Roof lines shall be articulated to provide visual interest and minimize large expanses. This shall be accomplished through the use of gables, parapets, hi-roof design, or changes in the height of the roofline along the course of the building.

(2)

Rooflines shall be broken up such that the roofline shall not exceed 60 feet without changing height on all sides of the building.

(3)

The pitch of a structure's exposed (in plain view) roof shall have a minimum vertical rise of 2½ feet for every 12 feet of horizontal run, and the roof is finished with a type of shingle that is commonly used in standard residential construction or a standing seam metal roof.

(4)

Roof parapets shall be articulated to provide visual relief. Parapets shall include articulations or architectural features at a minimum rate of every 100 linear feet. The minimum height of articulations or such features shall be one foot, and may be provided as height offset or facade projections such as porticoes or towers.

(5)

Roof-mounted equipment. Roof-mounted equipment shall be screened from view or isolated so as not to be visible from any public right-of-way or residential zoning district within 150 feet as viewed from five feet above ground level. Roof screens and parapet walls shall be coordinated with the building to present a unified appearance.

(h)

Building materials. Exterior building finishes and materials shall be compatible with that of downtown Americus.

(1)

Fifty percent of the front facade shall be constructed using brick or stone.

(2)

The remainder of the facade shall be constructed using brick, wood, stucco, stone or Hardiplank© or Hardiplank© type materials.

(3)

Trashcans and benches shall be constructed using brick, wood, stucco, stone, metal, or Hardiplank© or Hardiplank© type materials.

(4)

All main and secondary power utilities must be underground including site lighting.

(i)

Signage.

(1)

Wall signs. Wall signs shall be allowed subject to the following limitations:

a.

Maximum number. No more than one sign shall be allowed per business. Unless, the building has road frontage on two sides, one sign per side.

b.

Maximum size. Shall not exceed one square foot per linear foot of store frontage.

c.

Maximum height. The maximum height shall not exceed the bottom of the roofline.

(2)

Group signs. In addition to other permanent signs that are allowed, each group development shall be allowed group signs subject to the following limitations:

a.

Maximum number. No more than one group ground sign shall be allowed per street frontage.

b.

Maximum area. The maximum sign area for a ground sign shall be limited to 32 square feet per tenant and shall not exceed an aggregate size in excess of 120 square feet.

c.

Maximum height. The maximum height shall not exceed 20 feet for a ground sign. A wall sign shall not exceed the signable area.

d.

Minimum setbacks. The ground sign shall be setback five feet from all lot lines.

(3)

Freestanding signs. Freestanding signs shall be no more than ten feet tall and ten feet wide and shall be a pedestal type sign with no more than 70 square feet of signage area.

(4)

All signs shall only be constructed of brick, wood, stucco, stone and Hardiplank© type material. No exposed metal or wood post columns.

(5)

Billboard signs. Billboard signs shall not exceed 300 square feet of sign area. Billboard signs shall not exceed ten feet in height or 35 feet in length (Americus Code § 74-85).

(j)

Accessory buildings.

(1)

Accessory buildings and structures shall comply with all requirements for the principal use except where specifically modified by this chapter and shall comply with the following limitations:

a.

Mechanical equipment shall be subject to the provisions of this section. Such equipment shall not be located between the main structure on the site and any street adjacent to a front or side yard, and every attempt shall be made to place such equipment so that it is not visible from adjacent public streets. Any installation of mechanical equipment shall require a building permit.

(2)

Signs, fences, parking, driveways, accessory dwellings, and temporary structures are not subject to the provisions of this section.

(k)

Fenestration.

(1)

All types of structures shall have regular fenestration. The length of facade without intervening fenestration or entryway shall not exceed 20 feet.

(2)

Fenestration shall be provided for a minimum of 70 percent of the length of street frontages. Entryways may be counted towards fenestration requirements.

(3)

Primary entrance. The primary public entrance of a building shall face a street and be directly linked to a public sidewalk. It shall be positioned no more than five feet above the finished grade at the front of the building.

(4)

Buildings shall incorporate lighting and changes in mass, surface, or finish to give emphasis to entrances.

(5)

Buildings shall incorporate arcades, roofs, alcoves, porticoes and/or awnings at public entrances that protect pedestrians from the rain and sun.

(6)

Transparency. Transparency at the street level shall be measured from the finished grade at the street to ten feet above grade for the entire width of the wall.

(7)

The following alternative design treatments may be used, singularly or in combination, to meet half of the transparency requirement at the street level:

a.

Wall art, including murals, sculptural and other decorative treatment of exterior walls;

b.

Landscaping, which is to be at least three feet high at the time of planting and of a type that will produce an opaque, evergreen planting screen capable of growing to a height of at least six feet within three years.

(8)

Windows must allow views into working areas or lobbies, pedestrian entrances or display areas.

(l)

Easements.

(1)

Easements at least ten feet wide, five feet wide on each side of side lot lines shall be provided for utilities for utility service to those lots only.

(2)

Easements at least 15 feet wide shall be provided along all rights-of-way of new roads and along the frontages of new developments and subdivisions developed on existing roads.

(3)

Public water and sanitary sewer easements, if determined by the utilities authority to be necessary shall be required. Easement placement and widths will be determined by the utilities authority.

(Ord. No. O-12-02-03, 2-23-2012)

Railroads, railroad rights-of-way, and railroad crossings owned or leased by a railroad authorized to do business in the State of Georgia which are located within the corporate limits of the City of Americus. Such property zoned for railroads may only be used for railroad and railroad-related transportation purposes and for accessory uses and structures incidental to any legally permitted use. In addition, the following shall apply with respect to the RR district:

(1)

Any structures located in such zoning district upon railroad owned or leased property shall be located solely within the railroad property and shall not be closer than five feet to the side or rear lot lines of the railroad property.

(2)

No general advertising sign, off-premises sign, or any digital general advertising sign or digital off-premises sign shall be located within such railroad zoning district.

(Ord. No. O-2013-20, 7-18-2013)

There is hereby established in the incorporated limits of the city an entertainment overlay zoning district. Such district shall be subject to the provisions and regulations set out herein.

(1)

Purpose and intent.

a.

The purpose of the entertainment overlay district is to address issues of public safety, health, and general welfare, including controlling the visual and architectural character of commercial corridors through the use of design requirements in order that commercial strips are visually compatible with the development of Americus.

b.

Requirements. All new development and existing development, when the building outline is proposed to change, or the building has an occupancy change to allow the sale of alcohol on or off premise, the requirements of this Section shall be followed.

(2)

Parking.

a.

There shall be a minimum ten foot vegetative buffer around parking areas. Buffers shall consist of densely planted trees and shrubs.

b.

Trees shall be at least two and one-half inch diameter.

c.

There shall be on tree planted for every eight parking spaces in the parking lot.

d.

Shrubs shall be at least one and one-half feet in height. There shall only be one row of parking between the building and the curb. The majority of the parking shall be at the sides and rear of the building.

e.

Raised pedestrian walkways shall be installed through parking areas of 50 or more spaces or more than 100 feet in average width or depth.

f.

Parking lots with 50 spaces or more shall be divided into separate areas and divided by landscaped areas or walkways at least ten feet in width, or by a building or group of buildings.

g.

Developments of two acres or more must provide a pedestrian circulation plan for the site. Pedestrian walkways shall be directly linked to entrances.

h.

Curb cuts shall be kept to a minimum to prevent problems with vehicular and pedestrian traffic.

i.

Parking lots shall connect with adjacent parking lots.

j.

Where possible, curb cuts shall be shared between neighboring properties.

k.

Maximum allowable number of spaces. The number of spaces provided by any particular use in ground surface lots shall not exceed the required number of spaces provided by this title by more than 50 percent; except that for professional service and office uses, including medical and dental, parking spaces may be approved not to exceed a total of six spaces per 1,000 square feet of gross floor area under the staff permit procedure, provided that any parking that exceeds the required number of spaces by more than 50 percent shall be shown to be necessary and shall be on improved pervious surface with one tree per five spaces. Spaces provided on-street, or within the building footprint of structures, such as in rooftop parking, or under-structure parking, or in multi-level parking above or below surface lots, shall not apply towards the maximum number of allowable spaces. (ACC § 9-30-2)

l.

Curb cuts shall be kept to a minimum, and shall in no case be greater that 30 feet in length, nor closer that 200 feet to another curb cut.

(3)

Setbacks.

a.

A maximum front and side yard setback shall correspond to the size of the buffer requirement in all commercial development.

b.

Structures shall front upon primary thoroughfares.

c.

No structures other than signs shall be placed between the front property line and the building's façade.

d.

Side and rear yard buffers. Whenever the zoning ordinances require side and rear yard buffers, one or more, or a combination of the following buffers shall be installed along the lot line of the subject property, as follows:

1.

Natural buffer strip. A strip at least 25 feet wide, having an existing natural growth equivalent to a density planted evergreen screen. A landscape plan identifying all existing trees of six-inch caliper or greater which are to be retained inside the 25-foot natural buffer strip, along with any proposed trees and shrubs must be approved by the building code enforcement officer prior to any site construction;

2.

Landscape buffer strip. A strip at least ten feet wide, densely planted with shrubs and trees at least three feet high at the time of planting, of a type that possesses growth characteristics of such a nature as to produce a dense, compact evergreen planting screen capable of growing to a height of at least six feet within three years. A landscape plan identifying all plants to be incorporated in the buffer strips must be approved by the building code enforcement officer prior to any site construction; or

3.

Landscape buffer wall. A buffer strip at least ten feet wide, containing an opaque wall or barrier or uniformly painted fence at least six feet in height. Buffer strips shall have five feet of landscape plantings on the exterior side of the wall and shall be planted with appropriate trees, shrubs and ground cover as to provide a transition from the wall to both edges of the buffer strip. A landscape plan identifying the location and construction of the wall or barrier and all plants to be incorporated in the buffer strip must be approved by the building code enforcement officer prior to any site construction.

e.

It is permissible for any part of subsection (e)(2) or (3) of this section to be intermingled.

f.

No certificate of occupancy shall be issued by the city until any buffers required by this section are planted or installed.

g.

All developments shall to the extent practical provide entryway berming for the purpose of shielding parking areas, loading docks, dumpsters, and similar areas from view by employing the following methods, in order of preference:

1.

Preservation of natural land forms, trees and other landscape elements.

2.

Landscaped berms with asymmetrical groupings of plant materials, including trees and shrubs which are long lived, and indigenous to Americus and this part of Georgia and 50 percent of which shall be evergreen species.

h.

Buildings shall incorporate live plant materials as foundation plantings.

i.

Any site furnishings such as railings, benches, trash receptacles and bicycle racks shall complement the building design and style.

j.

One canopy tree shall be planted for every 250 square feet of landscaped area. Shrubs shall be planted at a ratio of three for every one tree.

k.

A minimum of 20 percent of all existing trees having a diameter of 16 inches or greater shall be retained. This requirement shall be in addition to the standards of any required landscape area; however, such retention may be achieved through tree preservation within such areas.

(4)

Orientation.

a.

Buildings shall be oriented to face the primary thoroughfare.

b.

Public sidewalks shall be provided adjacent to a public street along the street frontage.

c.

For corner lots, buildings shall be oriented towards both roads by addressing the corner as the primary façade and the minimum front yard setback shall be observed on both street frontages.

d.

Trash storage areas, mechanical equipment, and similar areas are not permitted to be visible from the street nor are permitted between the building and the street.

e.

All dumpsters shall be screened with building material consistent with the main structure.

f.

All dumpsters shall have gates that act as screens.

g.

Building frontages greater than 100 feet in length shall have offsets or other distinctive changes in the building facade.

h.

Buildings shall incorporate lighting and changes in mass, surface or finish to give emphasis to entrances.

i.

Buildings shall incorporate arcades, roofs, alcoves, porticoes and/or awnings at public entrances that protect pedestrians from the rain and sun.

j.

All on-site circulation systems shall incorporate a streetscape, which includes curbs, sidewalks, pedestrian scale light standards, and street trees.

(5)

Connectivity.

a.

All developments shall provide sidewalks having a minimum width of six feet or to match the existing sidewalks along all frontages of the lot that abut a public street.

b.

Continuous on site sidewalks having a minimum width of four feet shall be provided from the public sidewalk to the principal customer entrance of all buildings on the site. Such sidewalks shall provide weather protection features such as awnings or arcades along the building facade within 30 feet of all customer entrances. Sidewalks shall connect focal points of pedestrian activity such as, but not limited to, street crossings, building and store entrances.

c.

Sidewalks having a minimum width of six feet shall be provided along the full length of the building facade featuring a customer entrance, and along any facade abutting public parking areas.

d.

All buildings shall provide direct pedestrian access from on-site parking areas as well as the public sidewalk.

e.

All on site sidewalks shall be distinguished from vehicular surfaces through the use of durable, low maintenance materials such as pavers, bricks, or scored concrete to enhance pedestrian safety.

(6)

Roof shape.

a.

Roof lines shall be articulated to provide visual interest and minimize large expanses. This shall be accomplished through the use of gables, parapets, hi-roof design, or changes in the height of the roofline along the course of the building.

b.

Rooflines shall be broken up so that the roofline shall not go for more than 100 feet without changing height.

c.

Cornices shall be utilized on the front of the building.

d.

The pitch of a structure's exposed (in plain view) roof shall have a minimum vertical rise of four feet for every 12 feet of horizontal run, and the roof is finished with a type of shingle that is commonly used in standard residential construction or a standing seam metal roof.

e.

Roof parapets shall be articulated to provide visual relief. Parapets shall include articulations or architectural features at a minimum rate of every 100 linear feet. The minimum height of articulations or such features shall be one foot, and may be provided as height offset or facade projections such as porticoes or towers.

f.

Roof-mounted equipment. Roof-mounted equipment shall be screened from view or isolated so as not to be visible from any public right-of-way or residential zoning district within 150 feet as viewed from five feet above ground level. Roof screens and parapet walls shall be coordinated with the building to present a unified appearance. A flat roof must be concealed by a parapet along the roofline so that mechanical equipment on the roof is concealed on all sides of the structure.

(7)

Materials.

a.

Exterior building finishes and materials shall be compatible with that of downtown Americus.

1.

Fifty percent of the front façade shall be constructed using brick or stone,

2.

The remainder of the façade shall be constructed using brick, wood, stucco, stone or Hardiplank© or Hardiplank© type materials.

3.

Trashcans and benches shall be constructed using brick, wood, stucco, stone, metal, or Hardiplank© or Hardiplank© type materials.

4.

All main and secondary power utilities must be underground including site lighting.

b.

Roofing materials must be consistent with the pitch of the roof, form of the structure, and its use. Some appropriate materials include standing seam metal, asphalt shingles, and slate. Exposed storm drainage devices such as gutters and downspouts should be consistent with the roofing system and building forms, with references to Americus' historic built design.

(8)

Fenestration.

a.

All types of structures shall have regular fenestration.

b.

Entryways may be counted towards fenestration requirements.

(9)

Accessory structures.

a.

Accessory structures shall be consistent with the design of the dominant structure.

b.

Trashcans and benches shall be free from advertisements and shall be constructed using metal, wood, brick, or stone.

(10)

Mechanical equipment, utilities, and dumpsters/receptacles.

a.

Architectural features such as parapets shall be used to screen mechanical and HVAC equipment from view by pedestrian and vehicular traffic.

b.

Mechanical equipment, HVAC systems, and/or utilities located at ground level shall be screened from pedestrian and vehicular traffic through the use of fencing and vegetation.

c.

Any dumpster, trash, grease, or waste receptacle shall be located at the rear of the property. Any such receptacle shall not be visible from the public right-of-way and shall be enclosed (i.e., not seen from front, sides, or rear) by a wall.

(11)

On premise alcohol sales.

a.

Business that have a on premise alcohol license shall abide with the following requirements.

1.

Outdoor seating must be divided off with a fence or wall.

b.

Hours of operation.

1.

Alcoholic beverages by the drink. Sale of any alcoholic beverages by the drink for on-premises consumption: licensees shall not engage in the sale of any alcoholic beverages between the hours of 3:00 a.m. and 8:00 a.m. daily. All alcoholic beverages will be consumed or removed by 2:45 a.m. and all patrons must be out of the premises by 3:00 a.m.

(Ord. No. O-2017-8, 7-20-2017)

Whereas, there is presently no provision in the City of Americus Code of Ordinances providing for the existence of an arts and cultural district overlay; and

Whereas, the mayor and city council of the city (the "governing body") deems it appropriate to establish an arts and cultural district overlay and promote art and culture in the city and the surrounding area by the facilitation of an environment within the city which positively influences and enhances the lives of citizens of the city and visitors to the city, as well as enhancing and improving the city's economy; and

Whereas, the governing body of the city has determined that it would be advantageous and appropriate to establish an arts and cultural district overlay within the corporate limits of the city in order to facilitate a location where the expression of artistic and cultural diversity may be displayed, acted upon, and enjoyed by citizens and visitors of the city and surrounding areas; and

Whereas, the governing body of the city has further determined that the establishment of an arts and cultural district overlay as part of the city's zoning code is in the best interests of the city and its citizens.

(Ord. No. O-2021-7, 7-22-2021)

The governing body of the city recognizes that human creativity is critical to the city's future economic success. Arts and culture-related businesses and organizations add cultural and economic diversity to the city, enhance the lives of the city's residents and visitors to the city, and positively impact the city's economy by generating jobs and revenue and by retaining a competitive workforce. Thus, in the considered opinion of the governing body, it is important to encourage co-location of arts and culture-related businesses and organizations within a defined arts and cultural district overlay within the city, thereby enhancing those businesses and organizations to more effectively promote their common interests. The governing body of the city has further determined that the location of arts and culture-related businesses and organizations within the city will encourage the growth of creative industries and complementary businesses, as well as serve as a source of prideful experience for students of Georgia Southwestern State University, South Georgia Technical College, and local school systems, thus increasing the overall economic activity within the district and neighboring areas. Based upon the foregoing, the governing body of the city deems it appropriate to establish an arts and cultural district overlay within the corporate limits of the city in accord with the provisions of sections 94-166 through 94-179.

(Ord. No. O-2021-7, 7-22-2021)

(a)

The boundaries of the district are initially established as more particularly described on that certain map entitled "Americus Arts District," dated July 30, 2020 as attached to the ordinance from which sections 94-166 through 94-179 derived as exhibit "A." The provisions of such map are incorporated into this article and an official copy of such map shall be maintained in the office of the city clerk.

(b)

The specific properties which are proposed to be included in the district are more particularly described as follows:

(c)

Notwithstanding the foregoing list of specific properties to be included in the district, any property owner named above who desires for such property owner's property listed above to be included in the district as provided above shall be obligated to notify the city clerk, within 60 calendar days of the effective date of the ordinance from which sections 94-166 through 94-179 derived, of such property owner's desire for such owner's property listed above to be included in the district. The clerk shall maintain an official record of all property owners who desire their property listed above to be included in the district based upon such written notifications, and the property of any property owner who does not so notify the city clerk of the property owner's desire for such property owner's property listed above to be included in the district shall be considered as not being included in the district. Nothing in this subsection shall be construed to prohibit the city from including property of property owners in the district who request to be included in the district after the effective date of the ordinance from which sections 94-166 through 94-179 derived; nor shall anything in this subsection be construed to prohibit the city from excluding property of property owners who request to be excluded in the district after the effective date of the ordinance from which sections 94-166 through 94-179 derived. The city clerk shall be required to send written notice to all the property owners listed is subsection (b) of this section advising such property owners of the provisions of this subsection.

(Ord. No. O-2021-7, 7-22-2021)

For purposes of sections 94-166 through 94-179, the following terms shall have the following meanings:

Artist: A person who practices one or more of the fine arts, design, graphic, musical, literary, computer, or performing arts, or a person whose profession relies on application of these skills to produce a creative product. The term includes, but is not limited to, individuals who practice visual arts, such as painters, print makers, illustrators, sculptors, potters, jewelry makers, glass makers, craft artists, and photographers, performing arts, such as musicians, composers, playwrights, choreographers, and dancers, literary arts, such as creative writers and literary translators, architecture and design, such as architects, landscape architects, engineers, designers and planners, interior designers and decorators, industrial designers, graphic designers and fashion designers, and media arts, such as filmmakers, video and audio artists, and web-based designers.

Artist studio: An area in a building within the district used for creation, production, rehearsal, study, or teaching of a new visual art or craft, including, but not limited to, painting, drawing, graphic design, photography, video, film, sculpture and pottery, written works of fiction or non-fiction, or any performing arts, whether for live or recorded performance, including music, dance, and theater. "Artist studio" may also include the performance space dedicated to classes taught on-site and recording studios, a studio for artisan-related crafts, such as small scale metalworking, glassblowing, furniture making, pottery, leather craft, and similar activities. "Artist studio" may also include accessory sales of art produced on the premises.

Art gallery: An establishment that engages in the sale, loan, or display of paintings, sculptures, photographs, video art, or other works of art. "Art gallery" shall not include a cultural facility such as a library, museum, or non-commercial gallery that may display works of art or an art studio.

Arts: The interpretation of imagination and creativity in a physical form or performance.

Arts and cultural district overlay: The overlay district established by the governing body of the city pursuant to section 94-167.

Arts center: A facility which has, as its mission, promotion of the arts in making the arts available to the public. An arts center may host art exhibits and shows, provide studio space for the use of artists, and engage in public education and exposure to the arts.

Arts use: Creation or assembly of visual art, including two- and three- dimensional works of fine art or craft, or other fine art objects created or assembled for purposes of sale, display, commission, or trade by artists and artisans. "Art use" may also include classes held for art construction.

Live entertainment: Any musical act, including karaoke, theatrical act, including play, revue, or stand-up comedy, dance, magic act, disc jockey or similar activity performed live by one or more persons, whether or not for compensation or an admission charge. Notwithstanding the foregoing, adult entertainment venues or performances as defined in chapter 46 of this Code shall not be authorized within the district.

Market space: An indoor or outdoor facility or both intended to be used by artists as studio and retail space. Market spaces may combine production, equipment, community, and education for the purposes of enabling participating individuals to design and create works that such individuals would have difficulty producing if working alone due to lack of resources, tools, artistic input, or space. Such market space may be located in a residential, commercial, or mixed use building and may provide tools for community use. "Market space" is characterized by consistent design elements, such as high ceilings, large windows, durable surfaces and wide entrances. Such spaces are designed to accommodate and foster a variety of creative activities. "Market space" may also include common space such as galleries, meeting rooms, and open space that encourages resident engagement and community involvement.

Outdoor arts market: A temporary event held on public or private property where artwork is offered for sale. The persons offering the work for sale in an outdoor arts market are required to have written permission of the property owner to do so.

(Ord. No. O-2021-7, 7-22-2021)

The purpose of the district overlay is to facilitate creation of an arts destination, sustain established ruts and culture uses, and promote new arts and culture uses. The district overlay seeks integration of the arts into the community and is established as the location of art galleries and art studios forming the core of the arts district. The district overlay is intended to authorize an expanded range of permitted uses under the city's zoning code focused on the arts and culture, while retaining all property rights established by the underlying zoning designation. It is anticipated that arts venues, community festivals, expanded arts uses, and pedestrian character will promote the district. It is further expected that a combination of public and private investment would advance the district and stimulate economic revitalization.

(Ord. No. O-2021-7, 7-22-2021)

Unless otherwise specifically provided in sections 94-166 through 94-179, the city's zoning regulations applicable to the geographic area where the district is located shall remain applicable to the district, but any architectural design standards provided in sections 94-166 through 94-179 shall control property development in the district overlay.

(Ord. No. O-2021-7, 7-22-2021)

(a)

The governing body of the city shall appoint an arts and cultural district board of trustees ("board") which shall oversee the operations of the district in accord with the terms of sections 94-166 through 94-179. Such board shall consist of not less than seven members appointed by the mayor and city council. All members shall be residents of the city and at least five members shall be persons who have demonstrated special interest, experience, or education in arts and culture. Of the remaining two members, one member shall be a member of the governing body of the city, and one member shall be a member-at-large.

(b)

Members of the Board shall serve terms of three years or until their successors are appointed as herein provided. Members shall be allowed to succeed themselves. In order to achieve staggered terms, initial appointments shall be: two members for one year; two members for two years; and two members for three years. The term of each member initially appointed shall be designated by the governing body of the city. The member of the city council appointed to the board shall serve during his or her term of office as an elected member of the governing body of the city. Members shall not receive a salary or other remuneration for serving as a member of the board; however, members may be reimbursed for reasonable and necessary expenses incurred in connection with such members' service on the board.

(c)

The board shall meet at least quarterly, or more frequently as determined necessary by the board. The board shall be authorized to use city-owned facilities for such meetings. All such meetings shall be subject to the Georgia Open Meetings Act.

(d)

The board shall be authorized to undertake the following:

(1)

Promote the provision of arts and cultural activities within the district;

(2)

Apply for, receive, administer, and expend grants in order to improve and enhance the district, subject to the terms and conditions of such grants;

(3)

Apply for, receive, administer, and expend local, state, federal, and private funds for improvement, enhancement and expansion of the district;

(4)

Review all proposed uses of property located in the district for compliance with sections 94-166 through 94-179 and applicable regulations promulgated thereunder.

(5)

Consider and approve or disapprove all planned arts and cultural events to occur within the district, subject to the city's issuance of a "certificate of appropriateness" where such certificate is otherwise required under the city Code.

(6)

Purchase, acquire, and install signage identifying the district, subject to compliance with the city's sign ordinance.

(7)

Sponsor arts and cultural events within the district, subject to obtaining a certificate of appropriateness under existing city ordinances for any such event held on property owned or leased by the city and obtaining written approval from any property owner within the district upon property such event is to be held.

(8)

Request the city building official or other appropriate city department to commence enforcement actions relative to violations of sections 94-166 through 94-179 with respect to the permitted uses of property within the district.

(9)

Request the support of the city police department in providing enhanced law enforcement services within the district during arts and cultural events.

(10)

Apply for and obtain certificates of appropriateness for events to occur within the district sponsored by the board where such certificates of appropriateness are otherwise required under this Code.

(11)

Provide a written report to the governing body of the city on an annual basis as to the activities of the board and events held within the district during the previous 12-month period. Such annual report shall be submitted to the city clerk, who shall distribute such report to the mayor and each member of the city council upon receipt thereof.

(e)

The board shall be authorized to adopt rules, regulations, and standards for the transaction of its business and for the consideration of matters relating to the district which are within the jurisdiction of the board under sections 94-166 through 94-179. The board shall provide for a time and place of regular meetings and for a method of calling special meetings. The board shall be authorized to select from among its members, a chairperson, a vice-chairperson, and a secretary of the board. The board shall further be authorized to appoint such committees of its members as may be deemed necessary in order to carry out its business in accord with sections 94-166 through 94-179. A quorum for either a regular or special called meeting of the board shall consist of a majority of the members then in office.

(f)

The board shall keep a record of the meetings of the board in the form of minutes as required under the Georgia Open Meetings Act, and all records of the board shall be subject to the Georgia Open Records Act.

(g)

In the event that any matter comes before the board which involves real property owned by a member of the board, then the owner of such real property shall recuse himself or herself from any presentation, voting, or discussing such matter other than answering direct questions from the board regarding the matter during any hearing upon such matter.

(Ord. No. O-2021-7, 7-22-2021)

Subject to approval of the board of trustees, a person shall be authorized to paint a mural or similar arts display on buildings located within the district without having to obtain a sign permit from the city to do so. Notwithstanding the foregoing, no such murals or similar display shall be painted on any building within the district without the express written permission of the owner of the building.

(Ord. No. O-2021-7, 7-22-2021)

The following arts uses shall be authorized within the district:

(1)

Art galleries;

(2)

Artist studios;

(3)

Artist studio workplace;

(4)

Artist co-op to allow multiple artist spaces that are not bazaars, junk stores, specialty shops, and flea markets.

(5)

Arts and crafts retail sales;

(6)

Arts center;

(7)

Arts related businesses and services;

(8)

Arts supply store;

(9)

Craftsman or artisan shop;

(10)

Outdoor arts market;

(11)

Market space;

(12)

Performing arts ticket office or booking agency;

(13)

Photographic studio;

(14)

Recording studio;

(15)

Television and radio broadcast studio; and

(16)

Video and movie production.

(Ord. No. O-2021-7, 7-22-2021)

The following retail uses shall be authorized within the district:

(1)

Framing shop; and

(2)

Pottery and ceramics shops and related educational facilities; and

(3)

Sculpture studios, shops and related educational facilities; and

(4)

Glassblowing studios and shops and related educational facilities.

(Ord. No. O-2021-7, 7-22-2021)

The following cultural and entertainment uses shall be authorized within the district:

(1)

Outdoor cultural events and performances featuring visual art, music, dance, theater, performance art, science, design, or cultural heritage events sponsored by the board or by third parties and approved by the board, subject to the sponsor obtaining a certificate of appropriateness as required by this Code; and

(2)

Live entertainment, provided that all such live entertainment shall comply with any and all applicable noise regulations and other ordinances of the city.

(Ord. No. O-2021-7, 7-22-2021)

The following educational uses shall be authorized within the district:

(1)

Art school and other visual and performing arts instruction;

(2)

Educational or instructional activities, including training, vocational, or craft schools; and

(3)

Museums.

(Ord. No. O-2021-7, 7-22-2021)

The following residential uses shall be authorized within the district:

(1)

All residential uses authorized by the city's existing zoning code, as now existing or hereafter amended, for the area in which the district is located.

(Ord. No. O-2021-7, 7-22-2021)

All provisions of the Code of Ordinances of the city, including, but not limited to, the provisions of chapter 6 of the city Code relating to the sale, consumption, and licensure of businesses selling alcoholic beverages and chapter 94 of the city Code relating to zoning within the city, as now existing or hereafter amended, shall be applicable to the property and the property owners owning property within the district, except as otherwise specifically provided in this sections 94-166 through 94-179.

(Ord. No. O-2021-7, 7-22-2021)