Sec. 9-26-1. Purpose and intent.

Sec. 9-26-2. Procedure for approval.

Sec. 9-26-3. Street, block, and easement standards.

Sec. 9-26-4. Parking standards for residential subdivisions.

Sec. 9-26-5. Supplemental information to accompany the final plat.

Sec. 9-26-6. Improvements.

Sec. 9-26-7. Enforcement, violation, and penalties.

Sec. 9-29-1. Purpose.

Sec. 9-29-2. Right-of-way dedication required.

Sec. 9-29-3. Building construction prohibited.

Sec. 9-29-4. Right-of-way dedication waived.

Sec. 9-29-5. Transportation corridor concept map.

Sec. 9-29-6. Right-of-way dedication required prior to final approval.

Sec. 9-30-1. Generally.

Sec. 9-30-2. Spaces required.

Sec. 9-30-3. Credit for on-street parking.

Sec. 9-30-4. Accessible parking.

Sec. 9-30-5. Bicycle parking.

Sec. 9-30-6. Compact car parking.

Sec. 9-30-7. Variances for commercial buildings in the historic districts.

Sec. 9-30-8. Limitations, location, use of facilities.

Sec. 9-30-9. Design requirements.

Sec. 9-30-10. Construction.

Sec. 9-30-11. Alterations and enlargements.

Sec. 9-30-12. Landscaping maintenance.

Sec. 9-30-13. Electric vehicle charging stations.

Sec. 9-31-1. Generally.

The purpose and intent of this chapter is to allow subdivision design that has a high level of amenity, while respecting the natural environment, and allowing for a greater choice in housing types and designs. The design should stress a neighborhood centered design, architectural creativity and innovation, use the natural features of the landscape to their greatest advantage, provide a walkable environment, provide for more efficient land use, and reduce the impact of development on the natural environment and neighborhood.

(Ord. of 12-5-2000, § 1)

A.

Preliminary plat:

1.

Application for subdivision approval under this chapter shall be accompanied by a proposed preliminary plat. For developments of less than five lots not involving public street construction, only the final plat need be filed, as that term is defined in section 9-26-2 B.4. For developments of five lots or more or for subdivisions of property involving public street construction, a preliminary plat approval is mandatory prior to application for a site review approval and final plat approval.

2.

Any preliminary plat that contains more than ten lots, or covers more than two acres, or contains attached single-family units, or creates lots of less than 8,000 square feet, or creates a residential subdivision with an overall density exceeding 2.5 dwelling units per acre must also receive approval of a site review, chapter 25. Preliminary plat approval shall be obtained prior to filing a site review application. Site review approval shall be obtained prior to filing a final plat application. Preliminary plat approval and site review approval shall follow the staff permit process.

3.

A staff permit procedure, as defined in this title, shall be used for the approval of the preliminary plat.

4.

Contents. The contents for a preliminary plat shall be as follows:

a.

A topographic map prepared by a registered land surveyor at a contour interval as specified by the Soil Erosion and Sediment Control Ordinance and in accordance with state law.

b.

The approximate locations of the existing buildings to be retained, the proposed and existing property lines and easements on the site, and existing buildings, structures, and all buildings within 160 feet of the site boundaries.

c.

The locations of all proposed thoroughfares, walkways, and parking facilities.

d.

Public uses, including schools, parks, playgrounds, open spaces and trails.

e.

Existing and proposed public and private utilities, stormwater and stormwater management facilities.

f.

Reserved.

g.

The location of natural features such as ponds and wetlands.

h.

All environmental areas defined in Chapter 8-6, protected environmental areas, and buildable areas as defined in Chapter 8-6.

i.

Building envelopes that show the area and maximum height of improvements.

j.

If the project is to be built in phases, the areas contained in each phase, delimited on a map.

k.

A written statement which will contain an explanation of:

(1)

The present ownership of all the land included within the development.

(2)

Written statement detailing the maintenance program for common open areas, buildings, private thoroughfares, private septic systems, stormwater facilities, and utility easements.

(3)

The proposed time schedule and a phasing plan of the development.

(4)

The findings of the applicant showing that the development meets the criteria set forth in this title.

l.

Tax parcel identification number of subject property.

m.

Zoning classification of subject property.

n.

Tree canopy conservation areas in accordance with section 8-7-15.

o.

Block sizes and dimensions.

5.

The staff shall approve the preliminary plat when it finds the following criteria have been met:

a.

That the development meets all applicable ordinance requirements of Athens-Clarke County, and is compatible with the zoning requirements of the zone or zones in which the subdivision will take place.

b.

That adequate key Athens-Clarke County facilities can be provided including water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation; and that the development will not cause an Athens-Clarke County facility to operate beyond capacity.

c.

That there are adequate provisions for the maintenance of open space and common areas, if required or provided, and that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire project.

d.

That the proposed density meets the base and bonus density standards established under the applicable zoning.

e.

That the existing and natural features of the land, such as wetlands, floodplain corridors, ponds, large trees, rock outcroppings, etc., have been identified in the plan of the development and significant features have been included in the open space, common areas, and unbuildable areas.

6.

Approval of the preliminary plat.

a.

The approval authority may approve or disapprove the preliminary plat and application or require changes, or impose conditions of approval that it finds necessary to conform to the standards of this title and the purpose of this chapter. Approval of the preliminary plat and application, and conditions of approval are final to all issues resolved at that time unless appealed.

b.

After a preliminary plat, which has had a public hearing, is approved, the developer may then file a site review application, if required in section 9-26-2-A-2.

c.

If a preliminary plat is phased, 50 percent of the value of the recreational amenities shall be provided in the first phase and all recreational amenities shall be provided when two-thirds of the units are finished.

d.

For subdivisions in RS-5, RS-8, RS-15, RS-25 and RS-40 zones, the following standards apply:

(1)

No permit for land disturbing activity of any kind shall be issued prior to preliminary plat approval and issuance of a site review permit pursuant to Chapter 25.

(2)

Following preliminary plat approval and issuance of a site review permit, and prior to final plat approval, land disturbing activity shall be limited by permit to a maximum amount of 25 acres total disturbed acreage and subject to the landscaping requirements in Section 9-25-8(A)(5). In order to begin construction of a subsequent phase of development, one of the following shall have occurred:

a.

Either 75% of the building lots in the developed phase shall have received Certificates of Occupancy, or

b.

The final plat for the current phase shall have been recorded, and a stormwater management plan for all proposed phases shall have been approved.

(3)

With the exception of sidewalks, runoff reduction practices, and the top coat of asphalt on street rights-of-way, final plat approval shall be granted only after all required improvements have been installed or constructed and accepted by Athens-Clarke County. The final plat may be approved prior to construction of sidewalks, the top coat of asphalt on street rights-of-way, and completion of any stormwater management facilities associated with current or further phases of the development, provided that a financial guarantee for such improvements has been provided as required in this chapter. No permit for building construction for an individual lot shall be issued until the final plat has been approved.

e.

The approval of a preliminary plat shall be effective for three years from the date of preliminary plat approval. If a site review application for the subdivision is required and is not approved within this period, the preliminary plat approval shall expire. If a site review application is not required, the final plat for the subdivision shall be approved within this period or the preliminary plat shall expire. A written request may be filed with the Planning Director at least 30 days before the expiration date for a one-year extension, which shall be granted upon a showing that a good faith attempt has been made to obtain approval of the site review application, if required, or the final plat within the three-year period. Only one such extension shall be allowed.

B.

Final plat.

1.

Procedure for approval. A final plat may not be filed until any zone change necessary for the development has been adopted. A staff permit procedure, as defined in this title, shall be used for approval of final plats.

2.

The final plat may be filed in phases as approved on the preliminary plat.

3.

The approval of a site review application for a subdivision shall be effective for three years from the date of the site review application approval. If a final plat is not approved for all or the first phase of the subdivision, the site review application approval shall expire and a new preliminary plat application shall be required. A written request may be filed with the Planning Director at least 30 days before the expiration date for a one-year extension, which shall be granted upon a showing that a good faith attempt has been made to obtain approval of a final plat within the three-year period. Only one such extension shall be allowed.

4.

Contents. The final plat shall contain a scale map or maps showing the following for the development in addition to all other requirements for maps and plats under state law:

a.

Location of all thoroughfares and walks, their widths and nature of their improvements, and whether they are to be public or private.

b.

The location, layout, and servicing of all off-street parking areas.

c.

The property boundary lines.

d.

The individual lot lines of each parcel that is to be created for separate ownership.

e.

The location of all easements and apparent encroachments.

f.

Common open areas and spaces, and the particular uses intended for them.

g.

Areas proposed to be conveyed, dedicated, reserved or used for parks, scenic ways, open space, playgrounds, schools or public buildings.

h.

The date, scale, north point, and legend.

i.

Legal description of the tract boundaries.

j.

Name and address of the owner, subdivider, and surveyor.

k.

Reference points of existing surveys identified, related to the plat by distances and bearings, and referenced to a field book or map as follows:

1.

Stakes, monuments, or other evidence found on the ground and used to determine the boundaries of the subdivision.

2.

Adjoining corners of adjoining subdivisions.

3.

Other monuments found or established in making the survey of the subdivision or required to be installed by provisions of this title.

l.

The exact location and width of streets and easements intersecting the boundary of the tract.

m.

Lines with dimensions, bearings or deflection angles, radii, arcs, points of curvature and tangent bearings for tract, lot, and boundaries and street bearings. All distances shall be shown to the nearest 1/100 of a foot. No ditto marks shall be used.

n.

The width of the portion of streets being dedicated, and the width of any existing right-of-way and the width on each side of the centerline. For streets on curvature, curve data shall be provided based on road right-of-way line.

o.

Easements denoted by fine dotted lines, clearly identified and, if already of record, its recorded reference; if an easement is not definitely located of record, a statement of the easement, the width of the easement, its length and bearing and sufficient ties to locate the easement with respect to the subdivision must be shown; if the easement is being dedicated by the map, it shall be properly referenced in the owner's certificate of dedication.

p.

Lot numbers beginning with the number "1" and continuing consecutively without omission or duplication throughout each block of the subdivision.

q.

Block letters beginning with the letter "A" and continuing consecutively without omission or duplication throughout the subdivision. The letters shall be solid, of sufficient size and thickness to stand out and so placed as not to obliterate any figure. Block letters for lots that are part of additions to or in later phases of a subdivision of the same name shall be a continuation of the lettering in the original subdivision.

r.

Land parcels to be dedicated for any purpose, public or private, to be distinguished from lots intended for sale.

s.

Building envelope lines and the height restrictions, if any. The setback lines, if any, are to be made a part of the subdivision restrictions. All environmental areas required in Chapter 8-6 shall be shown, including FEMA flood hazard areas.

t.

The following certificates which may be combined where appropriate:

1.

Owner's acknowledgement and declaration:

I(we) hereby certify that I am (we are) the owner of the property shown and described hereon and that I (we) hereby adopt this plan of subdivision with my (our) free consent, having established the minimum building restriction lines, dedicate all rights-of-way, water and sewer easements, drainage easements, alleys, walks, parks, and other open spaces to public or private use as noted, and agree to provide either directly or indirectly for the maintenance of all common areas and outlets. I (we) further acknowledge that possession of the rights-of-way remains solely with the subdivider until such time as all bonds are released by Athens-Clarke County.

2.

A certificate signed by the surveyor responsible for the survey and final map (the signature of the engineer or surveyor to be accompanied by their seal).

3.

A certificate signed by the surveyor responsible for the survey and final map (the signature of the engineer or surveyor to be accompanied by their seal).

4.

A certificate signed by the planning director as follows:

The plat has been approved in accordance with the Athens-Clarke County Subdivision Regulations.

5.

A certificate signed by the public utilities director as follows:

I hereby certify that all required improvements necessary to provide water and/or sanitary sewer service from the Athens-Clarke County water distribution and/or sanitary sewer collection system(s), as noted, have been satisfactorily installed and have been accepted by Athens-Clarke County for ownership, operation, and maintenance, or improvement guarantees, in an amount sufficient to secure the satisfactory installation and dedication of the necessary improvements, have been provided.

6.

A certificate signed by the public works director as follows:

I hereby certify that all required improvements necessary to provide all streets and other required public improvements in accordance with plans submitted to Athens-Clarke County by the subdivider's professional representatives have been satisfactorily completed or have been adequately guaranteed in an amount sufficient to secure satisfactory installation.

All drainage and access easements shown are the maintenance responsibility of the property owner per ACC policy.

7.

Reserved.

8.

All other certifications now or hereafter required by law.

u.

Survey requirements.

1.

An arrow shall be shown to indicate the principal meridian, and a notation shall be made as to the reference of bearings to magnetic north, astronomic north, or grid north. A grid north reference shall indicate the zone.

2.

The coordinates of the boundary of the subdivision and showing the error of closure, if any.

3.

The computation of all distances, angles, and courses shown on the final map.

4.

Ties to existing monuments, proposed monuments, adjacent subdivisions, and street corners.

v.

Discovery of error and omissions. When an error is discovered on a recorded survey, the surveyor shall make corrections and re-submit the corrected plat.

w.

Tax parcel identification number of subject property.

x.

Zoning classification of subject property.

y.

Any landmark trees designated under the procedures of section 8-7-8 and any existing Athens-Clarke County trees as defined in section 8-7-14.

5.

Criteria for final plat approval. Final plat approval shall be granted upon finding of conformance with the requirements of this development ordinance and, if filed, the approved preliminary plat and site plan.

6.

Substantial conformance shall exist when comparison of the preliminary plat with the final plat shows that:

a.

The number of dwelling units vary no more than ten percent of those shown on the approved preliminary plat, but in no case shall the number of units exceed those permitted in the preliminary plat.

b.

The yard depths and distances between main buildings vary no more than ten percent of those shown on the approved preliminary plat, but in no case shall these distances be reduced below the minimum established within this development ordinance.

c.

The open spaces vary no more than ten percent of that provided on the preliminary plat.

d.

That the additional standards which resulted in the awarding of bonus points in the preliminary plat approval have been included in the final plat with substantial detail to ensure that the performance level committed to in the preliminary plat will be achieved.

7.

Any substantial amendment to an approved final plat shall follow a staff permit procedure, as defined in this title, and be reviewed in accordance with the criteria established in section 9-26-2 B.6.

8.

If the final plat is approved without the initial approval of a preliminary plat, pursuant to section 9-26-2 A.1, no subsequent final plat may be approved for any portion of the property described in the initial final plat for a period of 12 months from its approval. This time limitation shall not apply to plats that do not create additional lots.

9.

Recordation. All final plats shall be filed through the digital portal to the office of the clerk of superior court. Upon final plat approval, the certifying surveyor shall cause such final plat as approved with all required signatures thereon to be recorded in the office of the clerk of the superior court of Athens-Clarke County at the applicant's expense. Within 14 days of final plat approval, the surveyor shall provide a digital copy of the plat bearing the recording information in such clerk's records to the director of the planning department. Except as may otherwise be provided by applicable law, the clerk of superior court shall not file or record a final plat of a subdivision until such plat has been approved by the department directors of public works, public utilities, the planning department, and the health department, or their authorized designees, as applicable. No building permits shall be issued for the construction of any building or structure in a subdivision unless such building or structure is located on a lot shown on a final plat that has been approved, recorded, and a digital copy provided to the planning department as provided herein.

(Ord. of 12-5-2000, § 1; Ord. of 6-5-2001, § 17; Ord. of 9-3-2002, § 1; Ord. of 7-1-2003, §§ 1—9; Ord. of 6-7-2005, §§ 15, 16; Ord. of 8-2-2005, § 1; Ord. of 10-4-2005, §§ 1—3; Ord. of 4-3-2007, § 4; Ord. of 12-4-2007, § 1; Ord. of 2-3-2009, §§ 1, 2; Ord. of 5-1-2012, § 13; Ord. of 12-4-2018(5), § 1; Ord. of 1-4-2022(3), §§ 1, 2)

The following street standards shall apply to developments under this chapter. Assigning of street classifications within each street type shall be established by the Athens-Clarke County Corridor Designations Map.

A.

Street types.

1.

Collector. Any collector street or other street that has an actual or anticipated traffic flow of 800 VTD or greater shall be constructed to the Collector Standards established by the Athens-Clarke County Transportation and Public Works Director.

2.

Commercial street. A commercial street shall conform to the standards for Main Street, Boulevard, or Parkway Corridor or other street types that have been adopted by the Athens-Clarke County Commission.

3.

Residential streets. Residential streets are all other streets in a residential subdivision. The width of the street shall depend on the street design, the amount of on street parking required, and the number of units served. The residential street shall be developed from the following components:

4.

Right-of-way requirements are based on the total width of improvements and the utility area. Rights-of-way shall be rounded to the nearest of 50, 60, or 70 feet, whichever is higher.

5.

Residential street types. The following street types shall contain the following components.

6.

Private drive. A private drive is a private road, which serves three or less dwelling units and/or non-residential establishments. No curbs or sidewalks are required for a private drive. The private drive standard is as follows:

Three units: 20 feet of improved width with 25 feet dedicated easement width.

Two units: 15 feet of improved width with 20 feet dedicated easement width.

One unit: Ten feet of improved width with 20 feet dedicated easement width.

7.

Private street. A private street is a private road that serves four or more dwelling units and/or non-residential establishments. A private street shall be constructed to the same standards as a public street.

B.

Dedicated public streets required. All roads which serve four units or greater, and which are in an "RS" or "RM" zone, must be dedicated to the public and shall be developed to improvement standards established by the Athens-Clarke County Transportation and Public Works Department. Public streets may not be gated or barred from use by the general public. All roads that serve less than four units shall be paved to alley standards established by the transportation and public works department.

C.

Dead ends and cul-de-sacs. Only residential streets may be dead end roads, and may not serve more than 19 units. No dead end road shall exceed 500 feet in length, not including the turnaround. Dead end roads must terminate in an improved turnaround as defined in the development standards of the Athens-Clarke County Public Works Department. Roads that are temporary dead ends, that are shown on the transportation corridor concept map, are exempt from these requirements, but must provide a temporary turnaround. These requirements may also be waived for proposed temporary dead ends not shown on the transportation corridor concept map when determined as necessary by the planning director for reasonable future access to adjacent property.

D.

Reserve strips. Reserve strips or street plugs shall be created to control access onto any street which terminates upon any undeveloped land through which the street might logically extend. In such cases, the street shall be provided to within one foot of the boundary line of the tract with the remaining one foot being granted in fee to Athens-Clarke County as a reserve strip. Upon approved dedication of the extension of the affected street, the one-foot reserve strip shall be dedicated by Athens-Clarke County to the public use as a part of said street. This dedication will be automatic and without further action by the Athens-Clarke County. This action shall also apply retroactively to all previously created reserve strips where the streets have been extended and dedicated for street purposes.

E.

Alignment. All streets as far as is practical shall be in alignment with the existing streets by continuation of the centerlines thereof. The staggering of street alignment resulting in "T" intersections shall wherever practical leave a minimum distance of 125 feet between the centerlines of streets.

F.

Future extension of streets. Where necessary to give access to or permit a satisfactory subdivision of adjoining land, streets shall be extended to the boundary of the subdivision and the resulting dead-end streets may be approved without a turnaround. Reserve strips and street plugs may be required to preserve the objectives of street extensions.

G.

Intersection angles. Streets shall be laid out to intersect at an angle as near to a right angle as practical, except where topography requires a lesser angle. Intersection angles shall be no less than 75 degrees and no greater than 105 degrees as measured in any direction from the intersection. Property lines at intersections shall have a minimum radius or miter 20 feet at streets and ten feet at the intersection between a street and alley.

H.

Existing streets. Whenever existing streets adjacent to or within a tract are of inadequate width, additional right-of-way shall be provided at the time of subdivision.

I.

Access to subdivision. All major means of access to a subdivision or major partition shall be from existing streets fully improved to Athens-Clarke County standards, and which, in judgment of the transportation and public works director, have the capacity to carry all anticipated traffic from the development.

J.

Half streets. Half streets, while generally not acceptable, may be approved when essential to the reasonable development of the subdivision, when in conformity with the other requirements of these regulations, and when the hearings board finds it will be practical to require the dedication of the other half when the adjoining property is subdivided. Whenever a half street is adjacent to a tract to be subdivided, the other half of the street may be platted within such tract. Reserve strips and street plugs may be required to preserve the objectives of the half streets.

K.

Street names. Proposed street names shall meet the criteria established by section 9-15-27(A).

L.

Streets adjacent to railroad rights-of-way. Wherever the proposed subdivision contains or is adjacent to a railroad right-of-way, provision may be required for a street approximately parallel to and on each side of such right-of-way at a distance suitable for the appropriate use of the land between the streets and the railroad. The distance shall be great enough to provide sufficient depth to allow screen planting along the railroad right-of-way.

M.

Alleys. Alleys shall be encouraged in developments that have lots of 8,000 square feet or less. They shall be provided in commercial and industrial districts, unless other permanent provisions for access to off-street parking and loading facilities are made, as approved by the planning director. No unpaved alleys shall be allowed. Alleys shall be paved to a minimum width of 16 feet or 12 feet with a minimum two-foot all-weather shoulder on each side. The minimum easement of an alley shall be no less than 24 feet in width.

N.

Street grade. Street grades, measured at the street centerline for dedicated streets and private roads, shall be as follows:

1.

Public street and private street grades shall not exceed the following maximum grades:

2.

Private drives serving structures greater than 24 feet in height shall provide a fire work area of 20 feet by 40 feet within 50 feet of the structure. The fire work area requirement shall be waived if the structure served by the drive has an approved automatic sprinkler system installed. Private drives and work areas shall be deemed fire lanes and subject to all requirements thereof.

O.

Blocks.

1.

General. The length, width, and shape of blocks shall be designed with due regard to providing building sites for the use contemplated, consideration of needs for convenient access, circulation, control, and safety of street traffic, and recognition of the limitations and opportunities of topography.

2.

Sizes. Blocks shall conform to the following maximum dimensions, unless the planning director determines topographical conditions or manmade barriers justify an exception. The block dimensions shall be measured between minimum 50-foot-wide street rights-of-way. Minimum 50-foot-wide open space areas can also be used for block separations when approved by the planning director.

3.

Block width. Blocks shall have sufficient width to provide for two tiers of lots. Single-tier lots and through lots shall be avoided, except where essential to provide separation of residential development from major traffic arteries or adjacent nonresidential activities, where located adjacent to the external boundary of the development, or where the planning director determines such lots to be necessary to overcome specific disadvantages of topography and orientation. A planting screen, developed to the standards contained in section 9-15-3, "buffer requirements," across which there shall be no right of vehicular access, shall be required along the line of lots abutting such a traffic artery or nonresidential use. Lots with required planting screens shall meet the minimum lot depth, excluding the planting screen area.

P.

Easements.

1.

Utility lines. Easements for sewers, water mains, electric lines, or other public utilities shall be dedicated wherever necessary. The easements shall be a minimum of 20 feet in width.

2.

Streams. All subdivisions shall comply with Chapter 8-6, "Protected Environmental Areas."

3.

Pedestrian ways. When desirable for public convenience, pedestrian ways may be required to connect to cul-de-sacs, to pass through oddly-shaped or unusually long blocks, or to provide access to schools, parks, or other public areas.

4.

Exception for commercial and industrial blocks. Where property is zoned and planned for industrial or business use, such subdivisions shall be exempt from the block size and length standards of this section.

Q.

Streets which interconnect to local and collector residential streets outside of the subject subdivision require review and approval of the proposed interconnection as a special use following Type II procedures. The exception to this requirement is in those instances where an existing reserve strip has been constructed or is located on the preliminary plat or final plat on the adjacent subdivision as filed with the Athens-Clarke County Planning Department.

(Ord. of 12-5-2000, § 1; Ord of 6-5-2001, § 14; Ord. of 5-7-02, § 1; Ord. of 7-1-2003, §§ 10—14; Ord. of 10-5-2004, § 1; Ord. of 8-2-2005, § 1; Ord. of 12-4-2007, § 2; Ord. of 6-1-2021(4), § 1)

Parking standards shall be as follows:

A.

Off-street parking. Off-street parking space shall be as provided in chapter 9-30 of this title.

B.

On-street parking required. At least one on-street parking space per two units shall be provided in addition to the off-street parking requirements for all residential or mixed-use subdivisions of five lots or more, except that in the A-R, RS-15, RS-25, and RS-40 zoning districts, no on-street parking shall be required if the lots are at least 75 feet in width. No on-street parking shall be required on streets with a functional classification of minor collector if the posted speed in the area of the development is above 35 mph (miles per hour), or on streets with a functional classification of a major collector or arterial. If the posted speed on a minor collector is less than 35 mph, but there are physical difficulties in the provision of adequate on-street parking due to vertical or horizontal curvature, the planning director may waive the requirement for on-street parking on the recommendation of the Department of Transportation and Public Works Director. On-street parking spaces shall be immediately adjacent to the public street on publicly or homeowners association-owned land and be directly accessible from public right-of-way streets. On-street parking spaces shall be located within 200 feet of the use that they are intended to serve.

C.

On-street parking standards. On-street public parking may be provided providing spaces parallel to curb side or by providing diagonal parking in bays. Curbside stalls shall be seven feet in width and 24 feet in length and shall not be permitted in front of driveways or fire hydrants.

(Ord. of 12-5-2000, § 1; Ord. of 7-3-2001, § 1; Ord. of 12-2-2003, § 1; Ord. of 10-4-2005, § 4; Ord. of 5-6-2014, § 1)

A.

Reserved.

B.

Supplemental information. The following shall accompany the final plat:

1.

Reserved.

2.

Sheets and drawings showing the following:

a.—c.

Reserved.

d.

A copy of any deed restrictions applicable to the subdivision.

e.

Plans for the disposition, development, and maintenance of any common open space, including legal agreements related thereto.

3.

Agreement for improvements.

a.

Improvements and guarantees. Before the final plat is signed by the public works director and the public utilities director and planning director, or their authorized designees, all applicants shall be required to plete or provide improvement guarantees for all the street, utility and other improvements as required in these regulations.

(1)

Improvement guarantees. The subdivider may provide improvement guarantees and deed and easement documents, as defined in these regulations, at the time of application for final subdivision approval in an amount approved by the department of public works and department of public utilities as sufficient to secure to the Unified Government of Athens-Clarke County the satisfactory construction, installation and dedication of the uncompleted portion of required improvements. Guarantees shall be structured to permit periodic demands for payment from the issuer in whole or in part for the entire amount of the credit. Such improvement guarantees shall be approved by the department of public works and/or department of public utilities as to amount and surety and can be renewed for a period not to exceed one year.

(2)

The original bond or letter of credit will be kept on file with the finance department.

(3)

Temporary improvements. The applicant shall build and pay for all costs of temporary improvements as may be required and shall maintain same for the period specified by the department of public works and department of public utilities. Prior to construction of any temporary facility or improvements, the subdivider shall file with Athens-Clarke County a separate suitable guarantee for temporary facilities, which guarantee shall ensure that the temporary facilities will be properly constructed, maintained and removed.

(4)

Costs of improvements. All required improvements shall be made by the subdivider, at his expense, without reimbursement by Athens-Clarke County or any improvements district therein.

(5)

Failure to complete improvements. In those cases where an improvement guarantee has been posted and required improvements have not been installed within the terms of such guarantees, Athens-Clarke County shall call the improvement guarantee due and collect all funds or require that all the improvements be immediately installed regardless of the extent of the building development at the time the improvement guarantee is declared to be in default. If the director of public works and director of public utilities find upon inspection that any of the required improvements have not been constructed in accordance with Athens-Clarke County construction standards and specifications, the subdivider shall be responsible for removing any defects and completing the improvements or forfeiting the guarantee.

(6)

Acceptance of dedication offers. Acceptance of formal offers of dedication of all public street rights-of-way, drainage and utility easements, and public areas shall be made in writing by the public works director and/or public utilities director who shall notify the mayor and commission of Athens-Clarke County of said action. The approval and recording by the planning department of a subdivision plat shall not be deemed to constitute or imply the acceptance by Athens-Clarke County of any street, right-of-way, easement or public area shown on said plat.

b.

Inspection of improvements:

(1)

General procedure. Athens-Clarke County shall provide for inspection of required improvements during construction and ensure their satisfactory completion.

(2)

Release or reduction of improvement guarantees. Athens-Clarke County will not accept dedication of required improvements, nor release or reduce an improvement guarantee, until the required improvements have been satisfactorily completed.

c.

Maintenance of public improvements. The subdivider shall maintain all required improvements until acceptance of such improvements by the public works director and the public utilities director. Prior to dedication of improvements, the applicant shall be required to file a maintenance bond with Athens-Clarke County in an amount considered adequate by the department of public works or the department of public utilities in a form satisfactory to the Athens-Clarke County Attorney. The maintenance bond shall assure the satisfactory condition of the required street improvement and drainage for a period of one year after the date of acceptance of the right-of-way by the public works director and the public utilities director.

d.

Issuance of building permits and certificates of occupancy. Where an improvement guarantee has been required for a subdivision, no certificate of occupancy for any building in the subdivision shall be issued prior to the approval of the department of public works and department of public utilities of all improvements of that phase of the subdivision.

4.

The time period for completion shall not exceed one year. Following expiration of the allowed time period, failure to complete may be met by Athens-Clarke County completing the work as specified above, or by voiding of the final plat. The course chosen shall depend on the stage of completion, if any, and the nature of the surrounding area. The decision regarding completion or plat voiding shall be made by the transportation and public works director.

C.

Bond.

1.

The subdivider shall file with the agreement, to assure full and faithful performance thereof, one of the following:

a.

An irrevocable letter of credit payable to Athens-Clarke County in the event the agreement for improvements is not performed.

b.

A surety bond executed by a surety company authorized to transact business in the state.

c.

Cash.

2.

Such assurance of full and faithful performance shall be for a sum approved by the Athens-Clarke County Transportation and Public Works Director as sufficient to cover the cost of said improvements, engineering, inspection, and incidental expenses, and to cover replacement and repair of existing streets and other public improvements damaged in the development of the subdivision and must be approved by the Athens-Clarke County Transportation and Public Works Director as to form.

3.

In the event the subdivider fails to complete all improvement work in accordance with the provisions of this title, and Athens-Clarke County has completed same, or if the subdivider fails to reimburse Athens-Clarke County for the cost of inspection, engineering, and incidental expenses, and to cover cost of replacement and repair of existing streets or other improvements damaged in the development of the subdivision, Athens-Clarke County shall call on the surety for reimbursement, or shall appropriate from any cash deposits funds for reimbursement. In any such case, if the amount of surety bond or cash deposit exceeds all cost and expense incurred by Athens-Clarke County, it shall release the remainder of such bond or cash deposit, and if the amount of the surety bond or cash deposit is less than the cost and expense incurred by Athens-Clarke County, the subdivider shall be liable to Athens-Clarke County for such difference.

(Ord. of 12-5-2000, § 1; Ord. of 6-5-2001, § 18; Ord. of 9-3-2002, §§ 2, 3; Ord. of 7-1-2003, § 15; Ord. of 10-7-2003, §§ 1, 2)

A.

Improvement procedure. In addition to other requirements, improvements installed by the subdivider either as a requirement of these regulations or at subdivider's own option shall conform to the requirements of this title and improvement standards and specifications followed by Athens-Clarke County. The improvements shall be installed in accordance with the following procedure:

1.

Work shall not begin until plans have been checked for adequacy and approved by Athens-Clarke County. To the extent necessary for evaluation of the subdivision proposal, the plans may be required before approval of the final map.

2.

Work shall not begin until Athens-Clarke County has been notified in advance, and if work has been discontinued for any reason, it shall not be resumed until Athens-Clarke County has been notified.

3.

Improvements shall be constructed under the inspection and to the satisfaction of Athens-Clarke County. The Athens-Clarke County Transportation and Public Works Director may require changes in typical sections and details if unusual conditions arise during construction to warrant the change in the public interest.

4.

All underground utilities, sanitary sewers, and storm drains installed in streets shall be constructed prior to the surfacing of such streets. Stubs for service connections for all underground utilities and sanitary sewers shall be placed to such lengths as will obviate the necessity for disturbing the street improvements when service connections are made.

5.

A reproducible map showing all public improvements as built shall be filed with the transportation and public works director upon completion of such improvements.

B.

Improvement requirements. Improvements to be installed at the expense of the land divider are as follows:

1.

Interior streets. All interior streets shall be graded for the entire improvement width, and roadways shall be improved with paving, curbs, gutters, and drainage. The subdivider shall improve the extension of all subdivision streets to the centerline of existing streets with which subdivision streets intersect.

2.

Exterior unimproved streets. When part of a proposed subdivision or major land partition abuts an existing unimproved street, the property owner, or a representative, shall satisfy the minor land partition improvement requirements and sign an agreement in favor of improving said street in the future to full Athens-Clarke County standards as outlined in this section.

3.

Structures. Structures specified as necessary by Athens-Clarke County, for drainage, access, and public safety shall be installed.

4.

Improvements to be installed or provided by subdividers include all items required by the transportation and public works director at the time of the subdivider's plat and construction plan and specification approval.

5.

Sewers. Sanitary sewer facilities including laterals connecting with the existing Athens-Clarke County sewer system shall be installed to serve each lot. No septic tanks will be permitted within Athens-Clarke County, except in the AR and RS-25 zones. Drainage facilities shall be installed as required by the Athens-Clarke County Transportation and Public Works Director.

6.

Water. Water mains and services, fire hydrants of design, layout, and locations approved by the director of public utilities as conforming to Athens-Clarke County standards shall be installed.

7.

Street trees. Street trees shall be installed according to the street design standards contained in this section, or may be bonded and installed at the time of construction of structures on the site.

8.

Monuments. Upon completion of street improvements, monuments shall be re-established and protected in monument boxes at every street intersection and at all points of intersection, or at all points or curvature and points of tangency of street center lines.

C.

Underground utilities—Required. All on site utility lines, including but not limited to electric, communications, street lighting, and cable television, shall be installed underground, except as provided in D. below. For the purpose of this section, appurtenances and associated equipment such as, but not limited to, surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, terminations for concealed ducts in an underground system, and street lighting structures and fixtures may be placed above ground. This section does not apply to utility lines that do not provide service to the area being subdivided.

D.

Underground utilities—Exceptions. Subdivisions of less than five lots or in the AR zone shall not be required to provide underground utilities, provided that all new service for residential uses shall have installed a service panel and stubbed conduit to convert to underground utilities at a future date.

E.

Underground utilities—Rules and regulations. The commission may, by resolution, adopt rules and regulations governing the installation and allocation of costs for underground utility extensions.

F.

Safety street lighting. Safety street lighting shall be provided by the developer in new subdivisions and in private developments of five acres or more. Developer shall bear all costs except wiring, maintenance and energy. The amount and intensity of illumination provided for street lighting shall be in accordance with the standards established by the director of transportation and public works.

(Ord. of 12-5-2000, § 1)

A.

No owner or agent of the owner of any parcel of land located in a proposed subdivision shall transfer title to any such parcel before a plat of such subdivision has been approved by the planning director, or authorized designee, in accordance with the provisions of this article and filed with the clerk of superior court by the planning department.

B.

The subdivision of any lot or any parcel of land by the sole use of a metes and bounds description shall be prohibited.

C.

No building permit shall be issued for the construction of any building or structure located on a lot or plat subdivided or sold in violation of the provisions of this article.

D.

Any person who fails to comply with or violates any of the provisions of this article shall be subject to the penalties of section 1-1-5.

E.

Appropriate civil actions may be taken by law or in equity to prevent any violation of these regulations; to prevent unlawful construction; to recover damages; to restrain or enjoin, correct or abate a violation; or to prevent illegal occupancy of a building, structure, or premises. These remedies shall be in addition to the penalties provided in paragraph D above.

(Ord. of 10-4-2005, § 5)

A.

This chapter of the Zoning and Development Standards Ordinance is intended to provide that multi-family residential projects in Athens-Clarke County are:

1.

Incentivized to contain a defined percentage of housing affordable to very-low and low-income households; and

2.

Provide housing to meet the existing and anticipated future needs of very-low to low-income households;

B.

This chapter seeks to:

1.

Provide for a range of housing choices, conveniently located in a suitable living environment, for all incomes, ages and family sizes;

2.

Provide housing to meet the existing and anticipated future needs of very-low to low-income households;

3.

Encourage the construction of affordable housing by allowing increases in density to offset land and development costs;

4.

Ensure that developers incur no loss or penalty and have reasonable prospects of realizing a profit on affordable housing units by virtue of the density bonus and other incentive provisions herein.

(Ord. of 4-5-2022(2), § 1; Ord. of 10-1-2024(1), § 1)

The following definitions shall apply in the interpretation and enforcement of this chapter:

Affordable means rented at an affordable rent that accounts for a total of 30 percent or less of the respective area median income for a household of a variable size.

Affordable rent means the rent derived from the methodology outlined in section 9-27-4-f. In no case shall the maximum monthly rent exceed 1/12 of 30 percent of 80 percent area median income for low-income households or 60 percent area median income for very-low-income households, less a reasonable allowance for utilities.

Athens-Clarke County: The Unified Government of Athens-Clarke County.

Density bonus means a density increase over the otherwise maximum residential density as permitted by the Athens-Clarke County zoning ordinance and the comprehensive land use plan at the time of application.

Developer means any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities that seeks Athens-Clarke County's approval for all or part of a development project. The term "developer" includes the term "owner."

Dwelling Unit means a single unit of housing for a family or one or more persons, which includes the bedrooms and attached common areas. A single bedroom that connects to shared common areas such as a kitchen, living room, or den does not qualify as a standalone dwelling unit.

Household income means the combined adjusted gross income for all adult persons residing in a dwelling unit.

Household, low-income, means a household whose annual income does not exceed 80 percent of the area median income, adjusted for family size, as published and annually updated by the United States Department of Housing and Urban Development.

Household, very-low-income, means a household whose income does not exceed 60 percent of the area median income, adjusted for family size, as published and annually updated by the United States Department of Housing and Urban Development.

Housing fund means the fund created by Athens-Clarke County for the purposes of utilizing payments in lieu authorized by this chapter for the development of affordable housing within Athens-Clarke County.

Inclusionary housing agreement, development agreement, or agreement means the agreement between a developer and Athens-Clarke County setting forth the manner in which the inclusionary housing component will be met in the development project. This mechanism is used as a precursor to the Land Use Restriction Agreement when the entity submitting a project to plans review does not yet own the property in question.

Inclusionary housing component means the provision of the inclusionary housing units in a development project.

Inclusionary housing development means a development in which the developer has voluntarily agreed to comply with the inclusionary zoning requirements of this chapter in exchange for certain inclusionary incentives.

Inclusionary housing plan means a plan required at the time of Plan Review for a land disturbance permit or building permit that provides the details of proposed inclusionary units.

Inclusionary housing unit or inclusionary unit means a rental dwelling unit developed as a part of the inclusionary housing component of a development project as provided in this chapter.

Inclusionary incentives means the planning and building standards waivers or reductions, and regulatory incentives or concessions provided by Athens-Clarke County to a development project to assist in the provision of the inclusionary housing component.

Income, area median, means the annual median family income of a geographic area of the state, as annually estimated by the United States Department of Housing and Urban Development pursuant to section 8 of the Housing Act of 1937.

Land Use Restriction Agreement means legal restrictions by which the rents for rental inclusionary units will be controlled to ensure that rents remain affordable for a period of twenty (20) years or longer if determined to be legally permissible. This phrase is sometimes abbreviated as "LURA."

Market rate means rates not restricted to an affordable housing price or affordable rent.

Off-site unit means an inclusionary unit that is built separately or at a different location than the main development.

On-site unit means an inclusionary unit that will be built as a part of the main development.

Owner includes the person, partnership, joint venture, association, corporation, or public or private entity having proprietary interest in real property to commence, maintain, and operate a development project.

Residential project means a residential development project eligible for the opportunity to provide an inclusionary housing component as specified in this chapter.

Unit, for the purposes of this Chapter 9-27, is the equivalent of a bedroom as regulated by the Zoning Ordinance of Athens-Clarke County, Georgia. For purposes of clarity, this term is further described as any room other than a living room, family room, dining room, kitchen, bathroom, closet, or utility room.

(Ord. of 4-5-2022(2), § 1; Ord. of 10-1-2024(1), § 2)

A.

No inclusionary incentives shall be issued without an approved development agreement or Land Use Restriction Agreement clearly identifying the voluntary affordable housing to be provided as authorized by this chapter.

B.

If the developer violates this chapter or an executed inclusionary housing agreement or Land Use Restriction Agreement in any way, including not constructing the required affordable units, Athens-Clarke County may deny, suspend, or revoke any and all building or occupancy permits. Athens-Clarke County can also withhold any additional building permits until the affordable units are built.

C.

Athens-Clarke County or its designee may bring such civil and criminal enforcement actions as are provided for in the Code of Athens-Clarke County.

(Ord. of 4-5-2022(2), § 1; Ord. of 10-1-2024(1), § 3)

A.

Minimum eligibility requirements. Any development involving the construction, renovation, reconstruction, or change in use of multiple-family dwellings shall be eligible to apply to be considered as an inclusionary housing development, provided that one of the following minimum project sizes are applicable:

1.

Any new development that creates at least five (5) multiple-family dwelling units;

2.

Any renovation or reconstruction of existing multiple-family dwelling units that increases the number of dwelling units by at least five (5) dwelling units; or

3.

Any change in use of all or part of an existing development of one or more buildings from a nonresidential use to a residential use that has at least five (5) dwelling units.

B.

Number of inclusionary units. To calculate the number of inclusionary units, the total number of proposed units shall be multiplied by the associated percentage identified in Section 9-27-5. Additionally, the distribution of inclusionary dwelling units as it pertains to the number of bedrooms shall be in substantially the same proportion as the market rate dwelling units. If the dwelling unit product contains a fraction, it shall be rounded up to the next higher integer or the applicable percentage may be made as a payment in lieu for the fractional percentage of a dwelling unit.

1.

Location of inclusionary dwelling units. The inclusionary dwelling units shall be located within the inclusionary housing development, except in accordance with the payment in lieu option as defined below in Section 9-27-7.

C.

Leased or rented inclusionary dwelling units. Inclusionary dwelling units that will be leased or rented shall be:

1.

Restricted to households having an income that does not exceed the designated percentage of the area median income for the family size having the same number of persons as the subject household for the Athens-Clarke County, Georgia, Metropolitan Statistical Area, as published by the U.S. Department of Housing and Urban Development as of the date of the household's application, and whose housing and utility costs do not exceed thirty percent (30%) of the household's annual gross income; and

2.

Maintained as inclusionary dwelling units through a land use restriction agreement with Athens-Clarke County and/or its authorized designee for a period of 20 years or the longest period which is permissible under Georgia state law.

3.

Multi-bedroom units may not utilize multiple lease agreements for each bedroom, but rather must be leased as a single dwelling unit.

D.

Timing of development. The inclusionary housing plan and inclusionary housing agreement shall include a phasing plan, which provides for the timely development of the inclusionary dwelling units as the residential project is built out. The phasing plan shall provide for development of the inclusionary dwelling units concurrently with the market rate dwelling units; provided, however, that the phasing plan may be adjusted by the director of the Planning Department away from strict concurrency where necessary in order to account for the different financing and funding environments, economies of scale, and infrastructure needs applicable to development of the market rate and the inclusionary units.

E.

Design, appearance, and size. Inclusionary dwelling units shall be:

1.

Indistinguishable from the market rate dwelling units in infrastructure (including sewer, water and other utilities); construction quality; interior and exterior design; and all aspects of construction, design, and materials;

2.

Designed to have a number of bedrooms and bathrooms with the intent of accommodating diverse family sizes by including a mix of studio, one, two, and three-bedroom units, all in substantially the same proportion as the market rate dwelling units, as applicable;

3.

Interspersed among the market rate dwelling units within the development with access to the same communal areas, shared spaces, entrances, exits, elevators, and amenities, as well as the same share of parking spaces, as those that are enjoyed by and are accessible to the market rate dwelling units. Developments not meeting this criterion must be approved by the Athens Clarke County Planning Commission as a Type III action as defined in Section 9-4 of the Zoning Ordinance;

4.

Designed to be indistinguishable in square footage, style, and quality with the market rate dwelling units in the development.

F.

Affordable Rents: Maximum dwelling unit rental rates are derived from the HOME Rent Limits for Athens-Clarke County, published annually by the United States Department of Housing and Urban Development, as follows:

1.

Dwelling unit rental rates are established from the most recent HOME Rent Limits as published by the United States Department of Housing and Urban Development at the time the lease is originated.

2.

Regardless of the duration of the lease, rents must be held constant as calculated for a period 12 months from the time the lease is originated and may only be updated on an annual basis.

3.

In the event the United States Department of Housing and Urban Development ceases to publish annual HOME Rent Limits for Athens-Clarke County, maximum monthly dwelling unit rents shall not exceed 1/12 of 30 percent of 80 percent area median income for low-income households or 60 percent area median income for very-low-income households, less a reasonable allowance for utilities, as determined by the Department of Housing and Community Development.

(Ord. of 4-5-2022(2), § 1; Ord. of 10-1-2024(1), § 4)

A.

Purpose. The goal of these inclusionary incentives is to apply available incentives to qualifying projects in a manner that, to the extent feasible, offsets the cost of providing the inclusionary housing component.

B.

Density Bonus.

1.

Athens-Clarke County shall make available to the residential project the following applicable density bonus and incentives:

*Under Option A, affordable dwelling units must be rented to qualifying low-income residents at or below 80% AMI.

**Under Option B, affordable dwelling units must be rented to qualifying very-low income residents at or below 60% AMI.

2.

To calculate the density bonus for multi-family developments, the maximum number of units allowed in the applicable zoning district shall be multiplied by the applicable percentage in the chart above. If the product contains a fraction, a fraction of 0.5 or more shall be rounded up to the next higher integer, and fraction of less than 0.5 shall be rounded down to the next lower integer.

C.

Parking Reduction. All qualifying projects shall be allowed up to a twenty percent (20%) parking reduction if within one thousand five hundred (1,500) feet of an Athens-Clarke County Transit stop.

D.

Ground Floor Commercial Development Reduction. Qualifying projects within the CD zone shall be allowed up to a fifty percent (50%) reduction in required percentage of ground floor commercial development as defined in Section 9-10-2 (L1).

E.

All qualifying inclusionary housing developments must meet all other underlying development standards associated with the zoning district.

(Ord. of 4-5-2022(2), § 1; Ord. of 10-1-2024(1), § 5)

A.

Under this option, qualifying projects in the CD (Commercial Downtown) zoning district may choose to make a payment in lieu of providing affordable dwelling units on-site. The payment in lieu amount shall be the product of: the number of affordable dwelling units required under option A above, arranged by dwelling unit types equivalent to the market rate dwelling unit mix of the proposed development and multiplied by a per-dwelling unit figure, which shall be determined from time to time by the Mayor and Commission, based on the estimated cost of constructing the mandated dwelling units.

B.

In all applicable zoning districts, payments in lieu are available in lieu of any required fractional percentage of a required affordable dwelling unit, in place of rounding up to the next whole number. The per-dwelling unit payment amount set by the Mayor and Commission shall be located in its Schedule of Fees and Charges pursuant to Section 2-6-2 of the Code of Athens-Clarke County, Georgia. The county manager shall establish a housing fund for the receipt and management of in-lieu housing fees. Monies received into the fund shall be utilized solely for the construction or purchase and maintenance of affordable housing and for the costs of administering programs consistent with the purposes of this section.

(Ord. of 4-5-2022(2), § 1; Ord. of 10-1-2024(1), § 1)

Any person who occupies a rental inclusionary dwelling unit shall occupy that dwelling unit as his or her principal residence.

(Ord. of 4-5-2022(2), § 1; Ord. of 10-1-2024(1), § 7)

A.

Entities. The inclusionary housing program shall be administered by the Unified Government of Athens-Clarke County's Planning Department in conjunction with the Housing and Community Development Department. Additionally, the Unified Government may contract with an outside party at the discretion of the Mayor and Commission to provide further administration and monitoring services.

B.

Duties. The Planning Department shall oversee the zoning and permitting process. The director of the Housing and Community Development Department shall be responsible for determining targeted rental and ownership affordability, resident qualifications, and monitoring the program.

C.

Proposed inclusionary housing plan. At the time of and as part of the application for the inclusionary zoning, the developer of a development project shall present to the Planning Department a draft inclusionary housing plan, which shall contain, at a level of detail appropriate to the request, the number, dwelling unit mix, location, structure type, affordability, and phasing of inclusionary dwelling units.

D.

Action on inclusionary housing plan. The Housing and Community Development Department shall review the proposed inclusionary housing plan. The elements of the inclusionary housing plan shall be incorporated into the terms and conditions of the applicable project-specific approvals.

E.

Inclusionary housing agreement.

1.

Requirement. An inclusionary housing agreement may be used as a precursor to the Land Use Restriction Agreement when the developer or plans review applicant is not yet the property owner. This document will be used to outline commitments of the Developer and Athens-Clarke County when the current property owner intends to sell or transfer the property prior to development. Development plans may not be approved without an executed inclusionary housing agreement executed by the developer and the director of the Housing and Community Development Department acting with the advice of the Planning Director. Athens-Clarke County may choose to record or publish this agreement at its sole discretion.

2.

Timing. The inclusionary housing agreement shall be negotiated concurrently with the processing of an application for the earlier of a development agreement or the first project-specific approval.

3.

Contents. The agreement shall be consistent with the inclusionary housing plan, and shall indicate: the number of very-low and low-income dwelling units, the developer of the inclusionary dwelling units, the phasing and construction scheduling of the dwelling units, commitments for inclusionary incentives, including commitments for local public subsidy, and any other information required by the Housing and Community Development Department relative to the inclusionary housing component.

4.

Information required from developer. The developer of the development project shall provide

a.

Plans, schematics, and details of phasing of the residential project as a whole including the inclusionary housing component;

b.

The name and address of the entity which will develop the inclusionary housing component, if not the developer;

c.

Any other information reasonably required by the Housing and Community Development Department in connection with the agreement.

5.

Incorporation into project-level approvals and recordation. The developer's obligations and the inclusionary incentives in the agreement shall be incorporated into the project-specific approvals.

F.

Land use restriction agreement.

1.

Requirement. No construction permits may be issued for the project without a Land Use Restriction Agreement executed by the owner and the Mayor of Athens-Clarke County. Once executed, this agreement will be filed with the local courts.

2.

Timing. The Land Use Restriction Agreement shall be negotiated concurrently with the processing of an application for the earlier of a development agreement or the first project-specific approval. When a prior executed inclusionary housing development agreement exists, the Land Use Restriction Agreement must be executed and recorded prior to the issuance of construction permits.

3.

Contents. The agreement shall be consistent with the inclusionary housing plan or prior inclusionary housing agreement when one exists, and shall indicate: the number of very low and low income dwelling units, the developer of the inclusionary dwelling units, the phasing and construction scheduling of the dwelling units, commitments for inclusionary incentives, including commitments for local public subsidy, and any other information required by the Housing and Community Development Department relative to the inclusionary housing component.

4.

Information required from developer. The developer of the development project shall provide

a.

Plans, schematics, and details of phasing of the residential project as a whole including the inclusionary housing component;

b.

The name and address of the entity which will develop the inclusionary housing component, if not the developer;

c.

Any other information reasonably required by the Housing and Community Development Department in connection with the agreement.

5.

Incorporation into project-level approvals and recordation. The developer's obligations and the inclusionary incentives in the agreement shall be incorporated into the project-specific approvals. The executed agreement shall be recorded as a covenant running with the land against the real property of the residential project.

G.

Administration of affordability for rental inclusionary housing. The owner of rental inclusionary dwelling units shall be responsible for certifying the income of tenants to the Housing and Community Development Department at the time of initial rental and annually thereafter. The owner of rental inclusionary dwelling units shall apply the same rental terms and conditions (except rent levels, deposits and income requirements) to tenants of inclusionary dwelling units as are applied to all other tenants, except as otherwise required to comply with government subsidy programs. Athens-Clarke County may periodically visit the property where the inclusionary dwelling units are located to verify their presence and condition and to review any documents related to ongoing compliance with this ordinance. Discrimination based on subsidies received by the prospective tenant is prohibited. The Housing and Community Development Department shall keep confidential the personal identifying information of the household members occupying an inclusionary dwelling unit.

H.

Guidelines. The director of the Housing and Community Development Department and the director of the Planning Department may jointly develop, and either of them may adopt, additional guidelines as necessary for the implementation of this chapter consistent with the terms contained herein.

(Ord. of 4-5-2022(2), § 1; Ord. of 10-1-2024(1), § 8)

The Mayor and Commission may by resolution establish reasonable fees and deposits for the administration of this chapter, which shall be set forth in the annual Schedule of Fees and Charges pursuant to Section 2-6-2.

(Ord. of 4-5-2022(2), § 1)

Participation in the inclusionary housing zoning program shall be entirely voluntary.

(Ord. of 4-5-2022(2), § 1)

The Mayor and Commission hereby declare that every section, paragraph, clause, and phrase of this chapter is severable. If, for any reason, any provision of this chapter is held to be invalid, such invalidity shall not affect the validity of the remaining provisions.

(Ord. of 4-5-2022(2), § 1)

To provide timely and orderly improvement and enlargement of Athens-Clarke County transportation corridors through the dedication of land by property owners upon development of their land.

(Ord. of 12-5-2000, § 1; Ord. of 8-2-2005, § 1)

Land will be dedicated by a property owner for the construction of a transportation corridor according to the procedures outlined in section 7-3-36 when:

A.

A development requiring a planning action, partition, or subdivision takes place on the owner's property; and

B.

The development will result in increases in the traffic generated (pedestrian, bicycle, auto) in the area, by some measure; and

C.

The property contains a future transportation corridor on the official map adopted pursuant to section 9-29-5.

D.

Athens-Clarke County may require additional right-of-way on streets which do not meet the standards of Chapter 9-26, Subdivisions, or for necessary realignments of intersections or street sections. These do not have to be shown on the official map.

(Ord. of 12-5-2000, § 1; Ord. of 10-7-2003, § 4; Ord. of 8-2-2005, § 3)

The construction of permanent structures is prohibited in the right-of-way and associated setback areas, where applicable, of a future transportation corridor. "Future street" includes the standard right-of-way width for an existing street classification as determined by the department of transportation and public works.

(Ord. of 12-5-2000, § 1; Ord. of 8-2-2005, § 4)

The property owner is not required to dedicate land for the construction of an Athens-Clarke County transportation corridor when it has been proven, to the satisfaction of the hearing authority, that the planned use will not increase in any way, the automobile, pedestrian or bicycle traffic generated in the area. The owner is still prohibited from building in the right-of-way or associated setbacks, where applicable, of the future transportation corridor.

(Ord. of 12-5-2000, § 1; Ord. of 10-7-2003, § 5; Ord. of 8-2-2005, § 4)

A.

Future transportation corridor right-of-way dedications are to be shown on the official transportation corridor concept map adopted by the Athens-Clarke County Mayor and Commission. Said map, entitled "The Official Transportation Corridor Concept Map of Athens-Clarke County, Georgia," dated April 25, 2013 and adopted June 4, 2013, is on file in the office of the Clerk of Commission, City Hall, Room 204, 301 College Avenue, Athens, Georgia and available for public inspection at said office. Said map is made a part of this title by reference and incorporation as if fully set forth herein. This map supersedes "The Official Transportation Corridor Concept Map adopted July 6, 2010.

B.

The hearings board may modify the location of a required transportation corridor right-of-way dedication to account for practical difficulties in implementing this title, as long as the general intent of providing safe transportation from one point to another is ensured.

(Ord. of 12-5-2000, § 1; Ord. of 10-7-2003, § 6; Ord. of 8-2-2005, § 5; Ord. of 7-6-2010, § 1; Ord. of 6-4-2013, § 1)

A.

Dedication of the future right-of-way for a transportation corridor is required prior to final action on a partitioning, subdivision, or development requiring a planning action.

B.

If a plat is required for final action, the dedication shall be indicated on the plat as dedicated to Athens-Clarke County.

C.

If no plat is required, a deed with the dedication described by a registered surveyor shall be granted to Athens-Clarke County. Said deed shall be provided with adequate title insurance or other assurance necessary to ensure that the title is free of all encumbrances, back taxes or liens.

(Ord. of 12-5-2000, § 1; Ord. of 10-7-2003, § 7; Ord. of 8-2-2005, § 6)

In all zoning districts, except those specifically exempted, whenever any building is erected, enlarged, or the use is changed, off-street parking shall be provided as set forth in this chapter.

(Ord. of 12-5-2000, § 1; Ord. of 7-2-2002, § 1; Ord. of 2-5-2013, § 2)

Uses and standards for off-street parking are as follows:

A.

Residential uses.

1.

Single-family dwellings and Class "A" manufactured homes. Two spaces per dwelling unit.

2.

Mixed density dwellings or manufactured housing developments.

a.

Studio units or one-bedroom dwelling units less than 500 square feet—One space/unit.

b.

One-bedroom dwelling units 500 square feet or larger—1.50 spaces/unit.

c.

Two-bedroom dwelling units and up—2.00 spaces/unit.

d.

Retirement complexes for seniors 55 years or greater—One space per dwelling unit.

3.

Boarding and rooming houses and dormitories or like organizations. Required parking shall be determined by the greater of the two following calculations:

a.

Dividing the gross square footage of the building by 200. The result of this calculation will determine the number of people allowed to live on the premises; required parking is one parking space per person.

b.

Dividing the number of total square feet of the building able to be used as assembly space, found on the premises by 15. The result of this calculation will determine the number of people allowed to gather in the space; required parking is one parking space per two persons. For purposes of calculating parking, assembly spaces shall be all heated floor space not dedicated to bedrooms, kitchens, utilities, bathrooms or similar uses.

4.

Manufactured housing developments. Additional parking requirements are as established in chapter 9-30.

5.

Residential subdivisions. Parking requirements are as established in chapter 9-25.

6.

Residential uses in the C-D zone: One space per dwelling unit for one- and two-bedroom dwelling units. Three- and four-bedroom dwelling units shall comply with the parking standards established in chapters 9-25 and 9-30.

B.

Commercial Uses.

1.

Auto, boat or trailer sales, retail nurseries and other open-space uses. One space per 1,000 square feet of the first 10,000 square feet of gross land area; plus one space per 5,000 square feet for the excess over 10,000 square feet of gross land area;

2.

Bowling alleys. Three spaces per alley, plus additional spaces for auxiliary activities set forth in this section.

3.

Business, general retail, person services. General—One space for 300 square feet of gross floor area. Furniture and appliances—One space per 750 square feet of gross floor area.

4.

Chapels and mortuaries. One space per four fixed seats in the main chapel.

5.

Offices. Medical and dental—One space per 350 square feet of gross floor area. General — One space per 450 square feet of gross floor area.

6.

Restaurants, bars, ice cream parlors and similar uses. One space per four seats or one space per 100 square feet of gross leasable floor area, whichever is less.

7.

Skating rinks. One space per 350 square feet of gross building area.

8.

Theaters, auditoriums, stadiums, gymnasiums and similar uses. One space per four seats.

9.

Hotels and motels. One space for each guest room, plus one space for the owner or manager. Any convention facilities, restaurants, and other facilities shall be computed for their individual parking demand, subject to the reduction for mixed uses contained in this chapter.

10.

Terminal Passenger. One parking space per transportation operator and/or employee originating route service from the terminal location. Additional parking spaces for passengers are not required but may be allowed upon determination by the Planning Director based on the most comparable use specified herein and other available data supporting operational requirements for additional parking.

C.

Industrial uses.

1.

Industrial uses, except warehousing. One space for each 700 square feet of gross floor area, plus one space per company vehicle.

2.

Distribution Center, Outdoor Storage, Terminal (Materials), Warehouse, Wholesale Storage. One space per employee during the largest shift or for the peak parking demand during a shift change when two shifts of employees are present simultaneously.

3.

Public utilities (gas, water, telephone, etc.), not including business offices, plus one space per company vehicle; a minimum of two spaces is required.

D.

Institutional and public uses.

1.

Child care centers having 13 or more children. A minimum of two spaces is required.

2.

Churches. One space per four seats.

3.

Golf courses, except miniature. Eight spaces per hole, plus additional spaces for auxiliary uses set forth in this section. Miniature golf courses—Four spaces per hole.

4.

Hospitals. Two spaces per patient bed.

5.

Nursing, rest homes, homes for the aged, or assisted living and convalescent homes. One space per three patient beds.

6.

Schools, elementary and junior high. 1½ spaces per classroom, or the requirements for public assembly areas as set forth herein, whichever is greater.

7.

High schools. 1½ spaces per classroom, plus one space per ten students the school is designed to accommodate, or the requirements for public assembly as set forth herein, whichever is greater.

8.

Colleges, universities and trade schools. 1½ spaces per classroom, plus one space per five students the school is designed to accommodate, plus requirements for on-campus student housing.

9.

Fraternity or sorority and semi-public halls, clubs, or lodges. Required parking shall be determined by the greater of the two following calculations:

a.

Dividing the gross square footage of the building by 200. The result of this calculation will determine the number of people allowed to live on the premises; required parking is one parking space per 1.5 persons.

b.

Dividing the number of total square feet of the building able to be used as assembly space found on the premises by 15. The result of this calculation will determine the number of people allowed to gather in the space; required parking is one parking space per three persons. For purposes of calculating parking, assembly spaces shall be all heated floor space not dedicated to bedrooms, kitchens, utilities, bathrooms or similar uses.

E.

Unspecified uses. Where parking requirements for any use are not specifically defined in this section, such requirements shall be determined by the planning director based upon the most comparable use specified herein, and other available data.

F.

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 for the following:

1.

For all nonresidential uses, one additional parking space for each employee on the proposed use's largest shift shall not be included as part of the 50 percent calculation for additional parking spaces allowed.

2.

Parking spaces for professional service and office uses, including medical and dental, 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 on improved pervious surface with one tree per five spaces.

3.

Spaces provided on-street, or within the building footprint of structures, such as in rooftop parking, or in multi-level parking above or below surface lots shall not apply towards the maximum number of allowable spaces.

4.

Electric vehicle charging stations shall not apply towards the maximum number of allowable spaces. A maximum of 15% additional spaces over the maximum number of allowable spaces shall be allowed for spaces provided with the necessary underground infrastructure for electric vehicle charging stations, but lacking the aboveground electric vehicle supply equipment.

(Ord. of 12-5-2000, § 1; Ord. of 6-5-2001, §§ 19, 20; Ord. of 7-2-2002, § 2; Ord. of 8-1-2006, §§ 6, 7; Ord. of 4-6-2010, § 5; Ord. of 2-5-2013, § 3; Ord. of 12-5-2023(4), § 9)

A.

The amount of off-street parking required shall be reduced by the following credit provided for on-street parking: one off-street parking space credit for every two on-street spaces up to four credits, thereafter one space credit for each on-street parking space.

B.

On-street parking shall follow the established configuration of existing on-street parking, except that 45 degree diagonal parking may be allowed with the approval of the transportation and public works director, taking into account traffic flows and street design, with the parking spaces designed in accord with the standards on file with the public works department. The following shall constitute an on-street parking space:

1.

Parallel parking, each 24 feet of uninterrupted curb.

2.

45 degree diagonal, each 17 feet of uninterrupted curb.

C.

Curb space must be contiguous to the lot which contains the use which requires the parking.

D.

Parking spaces may not be counted that are within 25 feet measured along the curb of any corner or intersection of an alley or street, nor within ten feet of an intersection of a street and driveway, as measured from the bottom of the apron wing, nor any other parking configuration that violates any law or standard of Athens-Clarke County or the State of Georgia.

E.

Parking spaces located on arterials and collectors may not be credited for on-street parking, unless part of an adopted corridor plan for that street.

F.

On-street parking spaces credited for a specific use shall not be used exclusively by that use, but shall be available for general public use at all times. No signage or actions limiting general public use of on-street spaces shall be permitted.

(Ord. of 12-5-2000, § 1)

A.

All parking lots for places of public accommodation and commercial facilities shall provide accessible parking spaces.

B.

Accessible spaces shall be located on the shortest accessible route of travel to an accessible entrance.

C.

Accessible spaces shall be provided in conformance with the table below.

D.

Accessible spaces shall be at least eight feet in width. Except as provided in E. below, access aisles adjacent to accessible spaces shall be five feet in width. Two accessible spaces may share a common access aisle.

E.

One in every eight accessible spaces, but not less than one, shall be served by an access aisle eight feet in width and shall be designated "van accessible". The "universal" parking space design may be used as an alternative to "van accessible" spaces if all accessible spaces are eleven feet in width with a five foot access aisle.

F.

Accessible spaces shall be designated by a sign showing the symbol of accessibility. Such signs shall be located so they cannot be obscured by a vehicle parked in the space.

G.

A curb ramp at least three feet in width shall be provided whenever an accessible route crosses a curb. The curb ramp shall be located to prevent obstruction by parked vehicles.

H.

Any raised islands in crossings shall be cut through level with the street or have curb ramps at both sides and a level area at least four feet long between the curb ramps.

(Ord. of 12-5-2000, § 1; Ord. of 12-2-2003, § 1)

A.

All commercial uses, with the exception of the Commercial Downtown District, shall provide a minimum of two bike parking spaces.

B.

In addition, all uses which require off street parking, except as specifically noted, shall provide one bicycle parking space for every 20 required auto parking spaces. Fractional spaces shall be rounded up to the next whole space.

C.

Colleges, universities, and trade schools shall provide one bicycle parking space for every 20 required auto parking spaces.

D.

Bicycle parking design standards.

1.

The salient concern is that bicycle parking be visible and convenient to cyclists and that it provide sufficient security from theft and damage.

2.

Bicycle parking requirements can be met in any of the following ways:

a.

Providing a bicycle storage room, bicycle lockers, or racks inside the building.

b.

Providing bicycle lockers or racks adjacent to the building entrance, in an accessory parking structure or lot, underneath an awning or marquee, or outside the main building.

c.

Providing bicycle racks on the public right-of-way. This must be approved by Athens-Clarke County Transportation and Public Works Department.

3.

A bicycle parking space shall be a minimum of six feet long by two feet wide, and by a minimum of four feet high when enclosed. (Commercial bike lockers are acceptable according to manufacturer's specifications.)

4.

The Athens-Clarke County Transportation and Public Works Director shall keep on file a list of approved bicycle racks and structures.

E.

Fraternities, sororities, semi-public halls, clubs, and lodges shall provide four on-site bicycle spaces for every 20 required auto parking spaces. A fraction resulting from the application of this ratio shall be rounded up to the next whole space. At least 50% of the required bicycle parking shall be sheltered bicycle storage in order to encourage and prioritize this mode.

(Ord. of 12-5-2000, § 1; Ord. of 4-6-2010, § 6)

Up to 30 percent of the total parking spaces in a parking lot may be designated for compact cars. Minimum dimensions for compact spaces shall be eight by 16 feet. Such spaces shall be signed and/or the space painted with the words "Compact Car Only."

(Ord. of 12-5-2000, § 1)

In order to preserve existing structures within any locally designated historic district, while permitting the redevelopment of property to its highest commercial use, a variance of up to 50 percent of the required parking may be granted to commercial uses within any locally designated historic district as a variance. It is the intent of this clause to provide as much off-street parking as practical while preserving existing structures and allowing them to develop to their full commercial potential. Additionally, to identify redevelopment of existing commercial and residential buildings for commercial use within any locally designated historic district as an exceptional circumstance and unusual hardship for the purposes of granting a variance. Any variance provided for herein must receive approval from the hearings board. In addition to approval of a variance, any new construction of parking, change of materials or design must receive a certificate of appropriateness from the Athens-Clarke County Historic Preservation Commission.

(Ord. of 12-5-2000, § 1; Ord. of 6-5-2001, § 21)

A.

Location. Except for single and two-family dwellings, required parking facilities may be located on another parcel of land, provided said parcel is within 200 feet of the use it is intended to serve. The distance from the parking lot to the use shall be measured in walking distance from the nearest parking space to an access to the building housing the use, along a sidewalk or other pedestrian path separated from street traffic. Such right to use the off-site parking must be evidenced by an agreement such as a deed, lease, easement, or similar written instrument establishing such use, for the duration of the use.

An attested copy of such agreement among the owners of record shall be submitted to the Planning Director who shall forward a copy to the Athens-Clarke County Attorney for review. The agreement shall be filed and indexed in the deed records of the Office of the Clerk of the Superior Court of Athens-Clarke County by the owner. Proof of recordation of the agreement shall be presented to the Planning Director. The agreement shall require that the Planning Director be notified prior to the expiration, termination, or modification of the agreement and be informed by the applicant on July 1 of each year on the status of this lease agreement.

If the agreement is cancelled, expires or is otherwise voided, other parking shall be provided in accordance with this chapter. If the required parking is not provided for any use covered by the former agreement, such use shall be illegal.

The agreement shall accompany a parking plan (drawn to scale showing location of uses, location and size of parking spaces, pedestrian access, and other relevant information), proof that the uses sharing parking do not have overlapping hours of operation, and a calculation of the parking required for each use based upon the provisions of this chapter.

B.

Except for single-family dwellings, required parking shall not be located in a required front and side street yard setback area abutting a public street, except alleys.

C.

Mixed uses. In the event that several users occupy a single structure or parcel of land, the total requirements for off-street parking shall be the sum of the requirements for the several uses computed separately unless it can be shown that the peak parking demands are offset, for example with retail and residential, or theater and office uses. In such case the planning director may reduce the total requirements accordingly, but not by more than 25 percent.

D.

Joint use of facilities. Required parking facilities of two or more uses, structures, or parcels of land may be satisfied by the same parking facilities used jointly, to the extent that it can be shown by the owners or operators that the need for the facilities does not materially overlap (e.g., uses primarily of a daytime v. nighttime nature) and provided that such right of joint use is evidenced by a deed, lease, contract, or similar written instrument establishing such joint use.

E.

Availability of facilities. Required parking shall be available for parking of operable passenger vehicles of residents, customers and employees only, and shall not be used for the storage or display of vehicles or materials. In all residential zones except AR (Agricultural Residential), all off-street parking of automobiles, trucks, trailers and recreational vehicles in the front yard or side yard when adjacent to the public right-of-way shall be limited to a contiguous area which is no more than 25 percent of the area of the front yard, or a contiguous area equivalent to the square footage calculation of 18 feet wide multiplied by the depth in feet of the front yard, whichever is greater. The calculation of such area shall include both driveway and parking areas. Such parking area shall be paved with pervious or impervious concrete or asphalt, or graveled if edged in a permanent fashion. Contiguous front yard parking areas serving two or more lots that are accessed by a shared drive must be screened from the right-of-way according to the standards set forth in section 9-30-9 E.6.a. Parking areas constructed after the effective date of this paragraph that do not meet the paving or graveling requirements set forth herein or that are in excess of the size restriction set forth herein shall be a violation of this title. Parking areas paved with pervious or impervious surfaces or graveled with permanent edging which existed prior to the effective date of this paragraph that are rendered non-conforming by the area restrictions of this paragraph shall be subject to the provisions governing non-conforming uses of section 9-15-8.

F.

Off-Street Parking in Residential zones. In all residential zones except for the AR (Agricultural-Residential) it shall be unlawful for any person to park or place an automobile, truck, trailer, or recreational vehicle on a non-prepared, unimproved surface that does not meet the paving or graveling requirements set forth in section 9-30-8 E. in a front yard or side yard of property adjacent to a public right-of-way. For purposes of this paragraph F., it shall also be unlawful for a person owning or occupying property in said residential zones to allow the parking or placing of automobiles, trucks, trailers, or recreational vehicles on a non-prepared, unimproved surface that does not meet the paving or graveling requirements set forth in section 9-30-8 E. in a front yard or side yard of property adjacent to a public right-of-way.

G.

Transportation Policy Statement. A transportation policy statement shall accompany proposals for additions or other new facilities, such as parking lot expansions, for fraternities, sororities, semi-public halls, clubs, and lodges. The policy statement is intended to raise awareness with respect to traffic impact and to reduce demand for parking and the frequency of single-occupancy vehicle trips by promoting a range of viable commuting alternatives, including public transit, bicycling, walking, and carpooling. The Transportation Policy Statement would include the following at a minimum:

1.

Outline the alternative transportation program (including public transit, bicycling, walking, and rideshare/carpooling) for chapter meetings and special events. During the plans review process the applicant will submit the proper documentation in order for Staff to determine if applicant is providing realistic, adequate mitigation and accountability for the impact that their chapter meeting and special events have on the surrounding neighborhoods.

2.

Acknowledge how many full-time residents are permitted to park onsite. This number cannot exceed 80% of the provided spaces onsite.

(Ord. of 12-5-2000, § 1; Ord. of 11-6-2001, § 1; Ord. of 12-2-2003, § 1; Ord. of 4-7-2009, § 1; Ord. of 4-7-2009, § 6; Ord. of 4-6-2010, § 7; Ord. of 5-1-2012, § 14; Ord. of 11-5-2013, § 4; Ord. of 5-6-2014, § 1)

A.

Size and access. All required parking areas shall be designed in accordance with the parking layout chart adopted by the planning director. All parking spaces shall be a minimum of nine by 18 feet and shall have a 24-foot back-up space except where parking is angled, and except as permitted in this chapter of this title.

B.

Driveways and turn-arounds. Driveways and turn-arounds providing access to parking areas shall conform to the following provisions:

1.

A driveway for a single dwelling shall have a minimum width of nine feet, and a shared driveway serving two units shall have a width of 12 feet.

2.

Except for a single-family or two-family dwelling, groups of more than five parking spaces per lot shall be provided with adequate aisles or turn-around areas so that all vehicles may enter the street in a forward manner.

3.

Except for a single-family or two-family dwelling, more than five parking spaces shall be served by a driveway design and constructed to facilitate the flow of traffic on or off the site, with due regard to pedestrian and vehicle safety, and shall be clearly and permanently marked and defined. In no case shall two-way and one-way driveways be less than 20 feet and 12 feet respectively.

C.

Vertical clearances. Driveways, aisles, turn-around areas and ramps shall have a minimum vertical clearance of seven feet six inches which normally results in a floor-to-floor height of approximately ten feet for their entire length and width.

D.

Sight distance requirements. Driveways shall meet the sight distance requirements of Section 9-15-2, Section 7-2-7, and the Transportation and Public Works Department Technical Standards.

E.

Development and maintenance. The development and maintenance as provided below shall apply in all cases, except single-family and two-family dwellings.

1.

Paving. All required parking areas, aisles, turn-arounds and driveways shall be paved with pervious or impervious concrete, asphalt or comparable surfacing, constructed to standards on file in the office of the Athens-Clarke County Transportation and Public Works Director. Parking lots in residential zones that contain less than ten spaces may be surfaced with a permeable material, such as crushed rock, to the standards of the transportation and public works director.

2.

Drainage. All required parking areas, aisles and turn-arounds shall have provisions made for the on-site collection of drainage waters to eliminate sheet flow of such waters onto sidewalks, public rights-of-way, and abutting private property.

3.

Driveway approaches. Approaches shall be paved with concrete surfacing constructed to standards on file in the office of the Athens-Clarke County Transportation and Public Works Director.

4.

Marking. Parking lots of more than five spaces shall have all spaces permanently and clearly marked, except for overflow parking areas constructed of permeable materials.

5.

Wheel stops. Wheel stops shall be a minimum of four inches in height and width and six feet in length. They shall be firmly attached to the ground and so constructed as to withstand normal wear. Wheel stops shall be provided where appropriate for all spaces abutting property lines, buildings, landscaping, and no vehicle shall overhang a public right-of-way.

6.

Screening standards.

a.

Where parking abuts upon a public or private street, a decorative masonry wall, evergreen hedge screen of 30 to 42 inches in height and a minimum of 12 inches in width, or other comparable evergreen plantings approved by planning staff, shall be established parallel to and not nearer than two feet from the right-of-way line. Screen planting shall be of such size and number to provide the required screening with 12 months after installation. The area between the wall or hedge and street line shall be landscaped. All vegetation shall be maintained in good condition. The required wall or screening shall be designed to allow for free access to the site and sidewalk by pedestrians.

b.

In all zones, except single-family zones and the C-D zone, where parking facilities or driveways are located adjacent to residential zones, school yards, or like institutions, a sight-obscuring fence, wall, or evergreen hedge not less than six feet high shall be provided between the parking facility or driveway and the property line. Said wall, fence, or hedge shall be reduced to 30-42 inches within 20 feet of street property lines, shall be maintained in good condition, and not interfere with sight clearance triangles. Screen planting shall be of such size and number to provide the required screening within 12 months after installation. Adequate provisions shall be made to protect walls, fences or plant materials from being damaged by vehicles using said parking areas. Where a similar buffer and/or screening are required under a separate section, the buffer and/or screening will not be an additional requirement. The more intensive buffer and/or screening requirement shall apply.

7.

Landscaping and tree canopy standards. Tree canopy cover in parking areas shall be met in accordance with section 8-7-15(j).

8.

Lighting of parking areas within 100 feet of property in residential zones shall be directed into or on the site and away from property lines such that the light element shall not be directly visible from abutting residential property.

(Ord. of 12-5-2000, § 1; Ord. of 8-3-2004, § 2; Ord. of 6-7-2005, § 17; Ord. of 6-5-2007, § 12; Ord. of 7-7-2009, § 5; Ord. of 5-1-2012, § 15)

The required parking facilities, including design standards, shall be installed prior to a release of a certificate of use and occupancy or a release of utilities, and shall be permanently maintained as a condition of use. However, the building official may, unless otherwise directed by the planning commission or planning director, release a temporary certificate of use and occupancy and a temporary release of utilities before the installation of said facilities provided: (1) there is proof that the owner has entered into a contract with a reputable installer for the completion of the parking, including design standards, with a specified time, and that there remains nothing for the owner to do prior to installation; or (2) the owner has posted a satisfactory performance bond or letter of credit to ensure the installation of said parking facilities within a specified time.

(Ord. of 12-5-2000, § 1; Ord. of 6-5-2001, § 22)

The required parking facilities shall be constructed when an existing building or dwelling is altered or enlarged by the addition or creation of guest rooms or dwelling units, or when a use is intensified by the addition of floor space, seating capacity, or change in use.

(Ord. of 12-5-2000, § 1)

All landscaped areas required by this chapter must be maintained according to approved landscaping plans.

(Ord. of 5-1-2012, § 16)

A.

General.

1.

Private (restricted-access) electric-vehicle (EV) charging stations are permitted as accessory uses in all zoning districts.

2.

Public EV charging stations are permitted as accessory uses to allowed nonresidential uses in all zoning districts.

B.

Parking.

1.

Electric vehicle charging stations may be counted toward satisfying minimum off-street parking space requirements.

2.

Public electric vehicle charging stations must be reserved for parking and charging electric vehicles. Electric vehicles may be parked in any space designated for public parking, subject to the restrictions that apply to any other vehicle.

C.

Equipment. Vehicle charging equipment must be designed and located so as to not impede pedestrian, bicycle or wheelchair movement, or create safety hazards on sidewalks.

D.

Signage.

1.

Information must be posted identifying voltage and amperage levels and any type of use, fees, or safety information related to the electric vehicle charging station.

2.

Public electric vehicle charging stations must be posted with signage indicating that the space is reserved for electric vehicle charging purposes only. For purposes of this provision, "charging" means that an electric vehicle is parked at an electric vehicle charging station and is connected to the battery charging station equipment.

E.

Maintenance. Electric vehicle charging stations must be maintained in all respects, including the functioning of the equipment. A phone number or other contact information must be provided on the equipment for reporting when it is not functioning or other problems are encountered.

(Ord. of 2-5-2013, § 4)

All signs hereafter erected, painted, repainted, or rehung in any zoning district of Athens-Clarke County shall comply with the current sign ordinance of Athens-Clarke County, except where more stringently regulated in the schedule of district regulations.

(Ord. of 12-5-2000, § 1)