Athens City Zoning Code

ARTICLE III

- ZONING DISTRICTS

Sec. 22-13. - Zoning districts established.

(a)

The City of Athens, Texas is hereby divided into the following zoning districts. The use, height and area regulations as set out herein apply to each district. The districts established herein shall be known as:

Abbreviated Designation	Zoning District Name
Base Districts
A	Agriculture
SF-15	Single-Family Residential-15 (minimum 15,000 square-foot lots)
SF-10	Single-Family Residential-10 (minimum 10,000 square-foot lots)
SF-7	Single-Family Residential-7 (minimum 7,000 square-foot lots)
SF-5	Single-Family Residential-5 (minimum 5,000 square-foot lots)
SF-PH	Single-Family Residential-Patio Home (zero-lot-line homes)
SF-CH55+	Single-Family Residential-Cottage Housing 55+ District
MF-2	Two-Family Residential (duplex homes)
SFA	Single-Family Attached Residential (townhomes)
MF-4	Multi-Family Residential-4 (triplex and quadriplex homes)
MF-5	Multi-Family Residential-5 (apartments)
MH	Manufactured Home
O	Office
R	Retail
CBD	Central Business District
C	Commercial
I	Industrial
Overlay Districts
PD	Planned Development
SUP	Specific Use Provision

(b)

A summary of the area regulations for the following zoning districts is included within the appendix (A-4).

(c)

Certain terms and definitions used within this chapter can be found in the appendix (A-3).

(Ord. No. O-21-09, 10-12-09)

Sec. 22-14. - A—Agriculture district.

(a)

General purpose and description. The A, Agriculture district is designed to permit the use of land for farming and ranching, including the propagation and cultivation of crops and similar uses of land. Single-family uses on large lots are also appropriate for this district.

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (Use Charts).

(2)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height:

Two (2) and one-half (½) stories, or thirty-five (35) feet for the main building/house.

Other (see section 22-37(e)).

(d)

Area regulations.

(1)

Size of lots:

Minimum lot area. One (1) acre (i.e., forty-three thousand five hundred sixty (43,560) square feet)

Minimum lot width. One hundred fifty (150) feet.

Minimum lot depth. Two hundred (200) feet.

(2)

Size of yards:

Minimum front yard. Thirty-five (35) feet.

Minimum side yard. Ten (10) percent of the lot width, but need not exceed thirty (30) feet; fifty (50) percent of the front yard setback (i.e., twelve and one-half (12.5) feet) from a street right-of-way for a corner lot.

Minimum rear yard. Twenty-five (25) feet for the main building.

(3)

Minimum floor area per dwelling unit. Eight hundred (800) square feet.

(4)

Maximum lot coverage for main and accessory buildings. Twenty (20) percent.

(e)

Special requirements.

(1)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(2)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of one (1) or more acres.

(3)

Open storage is prohibited (except for materials for the resident's personal use or consumption such as firewood, garden materials, etc.).

(4)

Single-family homes with side entry garages where lot frontage is only to one (1) street (not a corner lot) shall have a minimum of twenty-five (25) feet from the door face of the garage or carport to the side property line for maneuvering.

(5)

Site plan approval (see Section 12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the A district.

(6)

Other Regulations. As established in the Development Standards, Sections 33 through 41.

(7)

A Manufactured home, not more than five (5) years old shall be permitted providing the following conditions are met:

All other requirements of the district are met;

The unit is underpinned to a permanent foundation and the transportation wheels are removed;

A Specific Use Permit is approved;

The towing mechanism (i.e. tongue) is removed.

(Ord. No. O-19-17, 4-10-17; Ord. No. O-18-18, § 1, 4-23-18; Ord. No. O-32-19, §§ 14.2—14.5, 3-25-19; Ord. No. O-92-19, § 14.5, 8-26-19; Ord. No. 2023-O-050, § 1, 5-22-23)

Sec. 22-15. - SF-15—Single-family residential-15 district.

(a)

General purpose and description. The SF-15, single-family residential-15, district is intended to provide for development of primarily detached, single-family residences on lots of not less than fifteen thousand (15,000) square feet.

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (use charts).

(2)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height:

Two and one-half (2.5) stories, or thirty-five (35) feet for the main building/house.

Other (see section 22-37(e)).

(d)

Area regulations.

(1)

Size of lots:

Minimum lot area. Fifteen thousand (15,000) square feet.

Minimum lot width. One hundred (100) feet.

Minimum lot depth. One hundred twenty-five (125) feet.

(2)

Size of yards:

Minimum front yard. Thirty-five (35) feet.

Minimum side yard. Ten (10) percent of the lot width, but need not exceed twenty-five (25) feet; fifty (50) percent of the front yard setback (i.e., twelve and one-half (12.5) feet) from a street right-of-way for a corner lot.

Minimum rear yard. Twenty-five (25) feet for the main building.

(3)

Minimum floor area per dwelling unit. Eight hundred (800) square feet.

(4)

Maximum lot coverage for main and accessory buildings. Sixty (60) percent.

(e)

Special requirements.

(1)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(2)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of one or more acres.

(3)

Open storage is prohibited (except for materials for the resident's personal use or consumption such as firewood, gardening materials, etc.).

(4)

Single-family homes with attached, side entry garages or carports where lot frontage is only to one (1) street (not a corner lot) shall have a minimum of twenty-five (25) feet from the door face of the garage or carport to the side property line for maneuvering.

(5)

Site plan approval (see section 22-12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the SF-15 district.

(6)

Other regulations: As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-18-18, § 1, 4-23-18; Ord. No. O-32-19, §§ 15.3—15.5, 3-25-19)

Sec. 22-16. - SF-10—Single-family residential-10 district.

(a)

General purpose and description. The SF-10, single-family residential-10, district is intended to provide for development of primarily detached, single-family residences on lots of not less than ten thousand (10,000) square feet.

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (use charts).

(2)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height:

Two and one-half (2.5) stories, or thirty-five (35) feet for the main building/house.

Other (see section 22-37(e)).

(d)

Area regulations.

(1)

Size of lots:

Minimum lot area. Ten thousand (10,000) square feet.

Minimum lot width. Seventy (70) feet.

Minimum lot depth. One hundred ten (110) feet.

(2)

Size of yards:

Minimum front yard. Thirty (30) feet.

Minimum side yard. Ten (10) percent of the lot width, but need not exceed twenty (20) feet; fifty (50) percent of the front yard setback (i.e., twelve and one-half (12.5) feet) from a street right-of-way for a corner lot.

Minimum rear yard. Twenty-five (25) feet for the main building.

(3)

Minimum floor area per dwelling unit. Eight hundred (800) square feet.

(4)

Maximum lot coverage for main and accessory buildings. Sixty (60) percent.

(e)

Special requirements.

(1)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(2)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of one or more acres.

(3)

Open storage is prohibited (except for materials for the resident's personal use or consumption such as firewood, gardening materials, etc.).

(4)

(5)

Site plan approval (see section 22-12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the SF-10 district.

(6)

Other regulations: As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-18-18, § 1, 4-23-18; Ord. No. O-32-19, §§ 16.3—16.5, 3-25-19)

Sec. 22-17. - SF-7—Single-family residential-7 district.

(a)

General purpose and description. The SF-7, single-family residential-7, district is designed to provide for development of primarily detached single-family residences on smaller and more compact lots or parcels of land not less than seven thousand (7,000) square feet.

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (use charts).

(2)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum Height:

Two and one-half (2.5) stories, or thirty-five (35) feet for the main building/house.

Other (see section 22-37(e)).

(d)

Area regulations.

(1)

Size of lots:

Minimum lot area. Seven thousand (7,000) square feet.

Minimum lot width. Sixty (60) feet.

Minimum lot depth. One hundred ten (110) feet.

(2)

Size of yards:

Minimum front yard. Twenty-five (25) feet.

Minimum side yard. Ten (10) percent of the lot width, but need not exceed fifteen (15) feet; fifty (50) percent of the front yard setback (i.e., twelve and one-half (12.5) feet) from a street right-of-way for a corner lot.

Minimum rear yard. Twenty-five (25) feet for the main building.

(3)

Minimum floor area per dwelling unit. Eight hundred (800) square feet.

(4)

Maximum lot coverage for main and accessory buildings. Sixty (60) percent.

(e)

Special requirements.:

(1)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(2)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of one or more acres.

(3)

Open storage is prohibited (except for materials for the resident's personal use or consumption such as firewood, gardening materials, etc.).

(4)

(5)

Site plan approval (see section 22-12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the SF-7 district.

(6)

A Manufactured home, not more than five (5) years old shall be permitted providing the following conditions are met:

All other requirements of the district are met;

The unit is underpinned to a permanent foundation and the transportation wheels are removed;

A Specific Use Permit is approved; and

The towing mechanism (i.e. tongue) is removed.

(7)

Other regulations. As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-65-15, 9-14-15; Ord. No. O-18-18, § 1, 4-23-18; Ord. No. O-32-19, §§ 17.3—17.5, 3-25-19; Ord. No. O-92-19, § 17.5, 8-26-19; Ord. No. 2023-O-050, § 1, 5-22-23)

Sec. 22-18. - SF-5—Single-family residential-5 district.

(a)

General purpose and description. The SF-5, single-family residential-5, district is designed to provide for development of primarily detached single-family residences on smaller and more compact lots or parcels of land not less than five thousand (5,000) square feet.

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (use charts).

(2)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height:

Two and one-half (2.5) stories, or thirty-five (35) feet for the main building/house.

Other (see section 22-37(e)).

(d)

Area regulations.

(1)

Size of lots:

Minimum lot area. Five thousand (5,000) square feet.

Minimum lot width. Fifty (50) feet.

Minimum lot depth. One hundred (100) feet.

(2)

Size of yards:

Minimum front yard. Twenty-five (25) feet.

Minimum rear yard. Twenty-five (25) feet for the main building.

(3)

Minimum floor area per dwelling unit. Eight hundred (800) square feet.

(4)

Maximum lot coverage for main and accessory buildings. Sixty (60) percent.

(e)

Special requirements.

(1)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(2)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of one or more acres.

(3)

Open storage is prohibited (except for materials for the resident's personal use or consumption such as firewood, gardening materials, etc.).

(4)

(5)

Site plan approval (see section 22-12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the SF-5 district.

(6)

A Manufactured home, not more than five (5) years old shall be permitted providing the following conditions are met:

All other requirements of the district are met;

The unit is underpinned to a permanent foundation and the transportation wheels are removed;

A Specific Use Permit is approved; and

The towing mechanism (i.e. tongue) is removed.

(7)

Other regulations. As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-65-15, 9-14-15; Ord. No. O-18-18, § 1, 4-23-18; Ord. No. O-32-19, §§ 18.3—18.5, 3-25-19; Ord. No. O-92-19, § 18.5, 8-26-19; Ord. No. 2023-O-050, § 1, 5-22-23)

Sec. 22-19. - SF-PH—Single-family residential-patio home district (zero-lot-line homes).

(a)

General purpose and description. The SF-PH, single-family residential-patio home, district is designed to provide for development of primarily detached single-family residences on more compact lots having one (1) side yard reduced to zero feet (i.e., "zero-lot-line"), and having not less than four thousand five hundred (4,500) square feet. Patio home developments shall be arranged in a clustered lot pattern with a common usable open space system that is an integral part of the development.

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (use charts).

(2)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height:

Two and one-half (2.5) stories, or thirty-five (35) feet for the main building/house.

Other (see section 22-37(e)).

(d)

Area regulations.

(1)

Size of lots:

Minimum lot area. Four thousand five hundred (4,500) square feet.

Minimum lot width. Forty (40) feet.

Minimum lot depth. One hundred ten (110) feet.

(2)

Size of yards:

Minimum front yard. Twenty-five (25) feet.

Minimum side yard. One (1) side yard reduced to zero feet; other side yard a minimum of ten (10) feet required with fifteen (15) feet required on corner lots adjacent to a street.

Minimum rear yard. twenty-five (25) feet for the main building.

(3)

Minimum floor area per dwelling unit. Eight hundred (800) square feet.

(e)

Special requirements.

(1)

Patio home developments shall be developed as zero-lot-line homes. One (1) side yard shall be reduced to zero feet, while the other side yard shall be a minimum of ten (10) feet; fifteen (15) feet for a corner lot on the street side. A minimum six-foot wide maintenance easement shall be placed on the adjacent lot (i.e., the other side of the zero-lot-line) to enable the property owner to maintain that portion of his/her house which is on the zero-lot-line. Side yards and maintenance easements shall be shown on the subdivision plat. A minimum separation between patio homes of ten (10) feet shall be provided. Roof overhangs will be allowed to project into the maintenance easement a maximum of twenty-four (24) inches.

(2)

Maintenance requirements for common areas. A property owners association is required for continued maintenance of common land and/or facilities.

(3)

The elimination of a garage space by enclosing the garage with a stationary building wall shall be prohibited.

(4)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(5)

Open storage is prohibited (except for materials for the resident's personal use or consumption such as firewood, gardening materials, etc.).

(6)

(7)

Site plan approval (see section 22-12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the SF-PH district.

(8)

Other regulations. As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-32-19, §§ 19.3—19.5, 3-25-19)

Sec. 22-19A - SF-CH55+—Single-family residential-cottage housing 55+ district.

(a)

General purpose and description. The SF-CH55+, single-family residential-cottage housing 55+, district is designed to provide a residential density of not more than fifteen (15) dwelling units per acre and to establish a "for sale" or "for lease" special purpose district for the 55+ segment of the population that supports the diversity of housing, increases the variety of housing for smaller households, and provides for predominantly small single-family units within existing neighborhoods.

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (use charts).

(2)

Cottage housing building, with one (1) dwelling unit.

(3)

Residential sales centre.

(4)

Accessory buildings and uses, including, but not limited to:

Club house.

Mail room.

Gazebo.

(5)

Cottage housing building, with single-family dwelling units.

(6)

Home occupations.

(7)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height. Twenty-eight (28) feet for all buildings.

(d)

Area regulations.

(1)

Size of lots:

Minimum lot area. One thousand five hundred ninety-eight (1,598) square feet.

Minimum lot width. Thirty-four (34) feet.

Minimum lot depth. Forty-seven (47) feet.

(2)

Size of yards:

Minimum front yard. Five (5) feet.

Minimum side yard. Five (5) feet.

Minimum rear yard. Five (5) feet.

(3)

Floor area per dwelling unit:

Minimum floor area. Four hundred forty (440) square feet.

Maximum floor area. One thousand four hundred (1,400) square feet.

(Total floor area is the area included with the surrounding exterior walls.)

(e)

Special requirements.

(1)

The total square footage of a cottage dwelling unit may not be increased. A caveat/restrictive covenant shall be placed on the title to the property to notify future property owners that an increase in the total square footage of a cottage is prohibited for the life of the cottage.

(2)

Floor area or cottage area that is not included in the calculation of total floor area:

Unheated storage space located under the main floor of the cottage.

Architectural projections, such as bay windows, fireplaces or utility closets no greater than eighteen (18) inches in depth or six (6) feet in width.

Attached roof porches.

Garages, carports or storage lockers.

(3)

Site coverage. The maximum site coverage permitted for all buildings shall not exceed fifty (50) percent of lot area.

(4)

Porches:

Dwelling units shall be oriented around, and have the covered-porches of the main entry facing towards the common open space.

Dwelling units shall have a covered porch or entry at least sixty (60) square feet in size with a minimum dimension of six (6) feet on any one (1) side.

(5)

Open space, may include side porches:

A minimum of two hundred (200) square feet of open space shall be provided per dwelling unit. Open space with a dimension of less than twenty (20) feet shall not be included in this calculation.

Each dwelling unit shall have a private use open space of two hundred (200) square feet with no dimension of less than eight (8) feet on one (1) side. Private use open space should be adjacent to each dwelling unit for the exclusive use of the residents, and oriented toward the central common open space.

(6)

Required yard setbacks, excluding steps or ramps:

Eaves may extend up to two (2) feet into the minimum requirements noted in section 22-19A(d)(2).

(7)

Fences:

Fences on the interior of a cottage dwelling development (e.g. adjacent to the common open space) shall have a maximum height of three (3) feet.

Chain link fence is prohibited.

(8)

Parking:

A minimum of two (2) parking stalls shall be provided for each dwelling unit. For the purposes of this district, one (1) parking stall may include a parking space inside of a garage or carport.

Parking shall be separated from the central common area by landscaping and/or architectural screen.

Each parking stall shall have a minimum surface area of one hundred ninety-two (192) square feet, and shall be constructed of a hard surfaced parking pad consisting of concrete, asphalt or grass paved system and measuring at least one hundred ninety-two (192) square feet.

(9)

Other development regulations:

A dwelling unit in a cottage housing building must not be located above any portion of another dwelling unit.

HUD-Code homes are prohibited.

(Ord. No. O-21-09, 10-12-09; Ord. No. O-32-19, §§ 19A.5, 3-25-19)

Sec. 22-20. - MF-2—Two-family residential district (duplex).

(a)

General purpose and description. The MF-2, two-family residential (duplex), district is intended to promote stable, quality multiple-occupancy residential development at slightly increased densities. Individual ownership of each of the two-family or duplex units is encouraged. This district may be included within single-family neighborhoods or, when in accordance with the intent of the comprehensive plan, may provide a "buffer" or transition district between lower density residential areas and higher density or nonresidential areas or major thoroughfares.

(b)

Permitted uses:

(1)

Those uses specified in section 22-32 (use charts).

(2)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height

Two and one-half (2.5) stories, or thirty-five (35) feet for the main building/house.

Other (see section 22-37(e)).

(d)

Area regulations.

(1)

Size of lots for two-family/duplex homes:

Minimum lot area. Six thousand (6,000) square feet per duplex lot (i.e., three thousand (3,000) square feet of lot area per dwelling unit).

Minimum lot width. Sixty (60) feet for each duplex lot (i.e., thirty (30) feet of lot width per dwelling unit).

Minimum lot depth. One hundred (100) feet.

(2)

Size of lots for single-family detached homes:

Minimum lot area. Six thousand (6,000) square feet.

Minimum lot width. Sixty (60) feet.

Minimum lot depth. One hundred (100) feet.

(3)

Size of yards:

Minimum front yard. Twenty-five (25) feet.

Minimum rear yard. Twenty-five (25) feet for the main building.

(4)

Minimum floor area per dwelling unit:

Two-family/duplex homes or single-family detached homes. Eight hundred (800) square feet.

(e)

Special requirements.

(1)

Single-family lots and detached dwellings constructed in this district shall conform to the standards as set forth in the SF-7 zoning district (except as provided in Section 22-20(d)(2) above).

(2)

Recreational vehicles, travel trailers, or motor homes may not be used for on-site dwelling purposes.

(3)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of one or more acres.

(4)

Open storage is prohibited (except for materials for the resident's personal use or consumption such as firewood, gardening materials, etc.).

(5)

Single-family and two-family homes with attached, side entry garages or carports where lot frontage is only to one (1) street (not a corner lot) shall have a minimum of twenty-five (25) feet from the door face of the garage or carport to the side property line for maneuvering.

(6)

Site plan approval (see section 22-12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the MF-2 district.

(7)

Other regulations. As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-52-16, 10-10-16; Ord. No. O-32-19, §§ 20.3—20.4, 3-25-19)

Sec. 22-21. - SFA—Single-family attached residential district (townhouse).

(a)

General purpose and description. The SFA, single-family attached residential, district is intended to promote stable, quality, attached-occupancy residential development on individual lots at slightly increased densities. Individual ownership of each lot is encouraged. This district may be included within certain areas of neighborhoods or, when in accordance with the intent of the comprehensive plan, may provide a "buffer" or transition district between lower density residential areas and multi-family or nonresidential areas or major thoroughfares.

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (use charts).

(2)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height:

Two and one-half (2.5) stories, or thirty-five (35) feet for the main building/house.

Other (see section 22-37(e)).

(d)

Area regulations.

(1)

Size of lots:

Minimum lot area. Three thousand (3,000) square feet.

Minimum lot width. Thirty (30) feet.

Minimum lot depth. One hundred (100) feet.

(2)

Size of yards:

Minimum front yard. Twenty-five (25) feet.

Minimum side yard:

Single-family attached dwellings need not have a side yard, except that a minimum 15-foot side yard is required adjacent to a street. The ends of any two (2) adjacent building complexes or rows of buildings shall be at least fifteen (15) feet apart. The required side yards shall be designated upon a plat approved by the city council.

A complex of attached single-family dwellings shall have a minimum length of three (3) dwelling units, and shall not exceed two hundred (200) feet in length or the width of six (6) attached units, whichever is less.

Minimum rear yard. Twenty-five (25) feet for the main building.

(3)

Minimum floor area per dwelling unit. Eight hundred (800) square feet.

(4)

Maintenance requirements for common areas. A property owners association is required for continued maintenance of common land and/or facilities.

(5)

All utilities shall be provided separately to each lot within an SFA district so that each unit is individually metered.

(6)

Each attached dwelling unit within the SFA district shall be rear entry only from an alley or an approved fire lane.

(7)

Single-family detached dwellings (and their respective lots) constructed within this district shall conform to the standards as set forth in the SF-5 district (i.e., minimum lot size five thousand (5,000) square feet, minimum lot width of fifty (50) feet, etc.).

(8)

Each SFA lot shall contain a private yard with not less than four hundred (400) square feet of area (i.e., a back yard or large side yard). Private yards may include a patio cover, gazebo or other similar nonenclosed structure which does not cover more than twenty-five (25) percent of the area of the private yard, and they may also include a swimming pool, swing set, play fort, or other leisure amenity.

(e)

Special requirements.

(1)

The elimination of a garage space by enclosing the garage with a stationary building wall shall be prohibited.

(2)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(3)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of one or more acres.

(4)

Open storage is prohibited (except for materials for the resident's personal use or consumption such as firewood, gardening materials, etc.).

(5)

(6)

Site plan approval (see section 22-12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the SFA district.

(7)

Other regulations. As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-32-19, §§ 21.3—21.5, 3-25-19)

Sec. 22-22. - MF-4—Multi-family residential-4 district (triplex/quadriplex).

(a)

General purpose and description. The MF-4, multi-family residential-4, district is an attached residential district intended to provide a residential density of not more than twelve (12) dwelling units per acre. The principal permitted land uses will include low-rise, three- to four-unit modules of multi-family dwelling units. Recreational, religious, health and educational uses normally located to service residential areas are also permitted in this district. This district should be located adjacent to a major thoroughfare and serve as a buffer between retail/commercial development or heavy automobile traffic and medium or low density residential development.

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (use charts).

(2)

Multi-family dwelling greater than two (2) units per building, but not more than four (4) units per building.

(3)

Common open space, community center, recreational building, and other facilities or amenities, provided they are for use by the residents and guests of the multi-family complex.

(4)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height:

Two and one-half (2.5) stories or thirty-five (35) feet for the main building(s).

Other (see section 22-37(e)).

(d)

Area regulations.

(1)

Size of lots:

Minimum lot area. Three thousand six hundred (3,600) square feet per dwelling unit, not to exceed twelve (12) dwelling units per acre (calculated on gross acreage). The minimum lot (i.e., project) size shall be ten thousand (10,000) square feet.

Minimum lot width. Eighty (80) feet.

Minimum lot depth. One hundred (100) feet.

Maximum number of units. No more than four (4) units per structure.

(2)

Size of yards:

Minimum front yard. Twenty-five (25) feet. All areas adjacent to a street shall be deemed front yards.

Minimum side yard. Fifteen (15) feet.

Minimum rear yard. Twenty-five (25) feet.

Building separation:

One (1) story buildings - fifteen (15) feet, for buildings with or without openings.

Two (2) story buildings (or a two-story building adjacent to a one-story building) - twenty (20) feet, for buildings with or without openings.

(3)

Minimum floor area per dwelling unit:

Efficiency unit. Five hundred fifty (550) square feet per unit.

One-bedroom unit. Six hundred (600) square feet per unit.

Two (2) or more bedroom unit - eight hundred (800) square feet for the first two (2) bedrooms, plus an additional two hundred (200) square feet for every bedroom over two (2) (e.g., three-bedroom unit must have one thousand (1,000) square feet, etc.).

(e)

Refuse facilities.

(1)

Every multi-family dwelling unit shall be located within one hundred (100) feet of a refuse facility, measured along the designated pedestrian and vehicular travel way. A refuse facility shall be a dumpster or other similar receptacle designed for receiving garbage in bulk for more than one (1) dwelling. Refuse dumpsters shall be no closer than thirty (30) feet to any adjacent single-family property.

(2)

Each refuse facility shall be screened from view on three (3) sides (gate on fourth side is optional) from persons standing at ground level on the site or immediately adjoining property, by a solid screening device constructed of materials approved by the city manager, or his/her designee, and not less than six (6) feet in height, or by an enclosure within a building. Refuse containers shall be provided and maintained in a manner to satisfy local public health and sanitary regulations. Each refuse facility shall be located so as to provide safe and convenient pickup by refuse collection agencies. (See Illustration 11 for refuse container enclosure diagram).

(f)

Special requirements.

(1)

Single-family or duplex units constructed in this district shall conform to SF-5 and MF-2 district standards, respectively.

(2)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(3)

Open storage is prohibited.

(4)

The front door of each dwelling unit shall be no more than one hundred fifty (150) feet from a fire lane (measured by an unobstructed pathway, or route, for fire hoses).

(5)

A paved walkway shall connect the front door of each ground floor unit to a parking area.

(6)

Buildings shall not exceed two hundred (200) feet in length.

(7)

Boats, campers, trailers and other recreational vehicles shall be prohibited unless oversize parking areas are provided as part of the approved site plan. This parking area shall not be used to meet the minimum parking requirements and shall not be visible from a public street.

(8)

All buildings containing residential units shall provide signage which clearly identifies the numbers (i.e., addresses) of the units within each building. Signage shall be visible from entrances into the complex and/or from vehicular drive aisles within the complex such that each individual unit is easy to locate by visitors, delivery persons, and/or emergency personnel.

(9)

All parking areas shall have appropriate lighting and shall be positioned such that no light adversely impacts adjacent residential areas.

(10)

Site plan approval shall be required (see section 22-12). Site plan approval shall also be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the MF-4 district.

(11)

Other regulations. As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-32-19, § 22.3, 3-25-19)

Sec. 22-23. - MF-5—Multi-family residential-5 district (apartments).

(a)

General purpose and description. The MF-5, multi-family residential-5, district is an attached residential district intended to provide the highest residential density of twenty-one (21) dwelling units per acre. The principal permitted land uses will include low- and mid-rise multiple-family dwellings and garden apartments. Recreational, religious, health and educational uses normally located to service residential areas are also permitted in this district. This district should be located adjacent to a major thoroughfare and serve as a buffer between retail/commercial development or heavy automobile traffic and medium or low density residential development.

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (use charts).

(2)

Multi-family dwellings that are typically greater than four (4) units per building.

(3)

Common open space, community center, recreational building, and other facilities or amenities, provided they are for use by the residents and guests of the multi-family complex.

(4)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height:

Three (3) stories or forty-five (45) feet for the main building(s).

Other (see section 22-37(e)).

(d)

Area regulations.

(1)

Size of lots:

Minimum lot area. Two thousand (2,000) square feet per dwelling unit, not to exceed twenty-one (21) dwelling units per acre (calculated on gross acreage). The minimum lot (i.e., project) size shall be twenty thousand (20,000) square feet.

Minimum lot width. One hundred (100) feet.

Minimum lot depth. One hundred fifty (150) feet.

(2)

Size of yards:

Minimum front yard. Thirty (30) feet. All areas adjacent to a street shall be deemed front yards.

Minimum side yard. Fifteen (15) feet; sixty (60) feet when building is in excess of One (1) story in height and adjacent to a single-family zoning district.

Minimum rear yard. Twenty-five (25) feet; eighty (80) feet when the building is in excess of One (1) story and adjacent to a single-family zoning district.

Building separation:

One-story buildings - fifteen (15) feet, for buildings with or without openings.

Two-story buildings (or a two-story building adjacent to a one-story building) - twenty (20) feet, for buildings with or without openings.

Three-story buildings (or a three-story building adjacent to a one- or two-story building) - twenty-five (25) feet, for buildings with or without openings.

(3)

Minimum floor area per dwelling unit:

Efficiency unit - five hundred fifty (550) square feet per unit.

One-bedroom unit - six hundred (600) square feet per unit.

Two- or more bedroom unit - eight hundred (800) square feet for the first two (2) bedrooms, plus an additional two hundred (200) square feet for every bedroom over two (2) (e.g., three-bedroom unit must have one thousand (1,000) square feet, etc.).

(e)

Refuse facilities.

(1)

Every multi-family dwelling unit shall be located within two hundred fifty (250) feet of a refuse facility, measured along the designated pedestrian and vehicular travel way. A refuse facility shall be a dumpster or other similar receptacle designed for receiving garbage in bulk for more than one (1) dwelling. Refuse dumpsters shall be no closer than thirty (30) feet to any adjacent single-family property.

(2)

(f)

Special requirements.

(1)

Single-family or duplex units constructed in this district shall conform to SF-5 and MF-2 district standards, respectively.

(2)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(3)

Open storage is prohibited.

(4)

The front door of each dwelling unit shall be no more than one hundred fifty (150) feet from a fire lane (measured by an unobstructed pathway, or route, for fire hoses).

(5)

A paved walkway shall connect the front door of each ground floor unit to a parking area.

(6)

Buildings shall not exceed two hundred (200) feet in length.

(7)

(8)

(9)

All parking areas shall have appropriate lighting and shall be positioned such that no light adversely impacts adjacent residential areas.

(10)

(11)

Other regulations. As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-32-19, § 23.3, 3-25-19)

Sec. 22-24. - MH—Manufactured home district.

(a)

General purpose and description. The MH, manufactured home, district is a detached residential district establishing standards for the development of manufactured, HUD-code mobile home parks and subdivisions. Manufactured/mobile home subdivisions include individually platted lots for sale within the subdivision, for the placement of manufactured/mobile home units. A manufactured, or mobile, home park offers spaces for the placement of manufactured/mobile home units on a lease or rental basis. The manufactured home district establishes area and design requirements for parks and subdivisions, as well as yard requirements for individual lots. Both parks and subdivisions provide open space and recreational areas appropriate for the acreages and number of units contained.

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (use charts).

(2)

Individually owned HUD-code manufactured homes on lots in platted manufactured/mobile home subdivisions.

(3)

Mobile, or manufactured, home parks for residential use providing, on a rental basis, lots for placement of mobile homes with utilities. Small offices and washaterias are permitted as incidental uses within the park.

(4)

Industrialized housing.

(5)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Area regulations.

(1)

Size of yards (for each space within manufactured/mobile home park or subdivision):

Minimum front yard. Twenty-five (25) feet from a dedicated street; fifteen (15) feet from any private street or drive.

Minimum side yard. Ten (10) feet; twenty (20) feet between units; twenty-five (25) feet from any zoning district boundary line.

Minimum rear yard. Ten (10) feet; twenty-five (25) feet from any zoning district boundary line.

(2)

Size of lot:

Minimum lot area. Five thousand (5,000) square feet per unit.

Minimum lot width. Fifty (50) feet.

Minimum lot depth. One hundred (100) feet.

(3)

Minimum floor area per dwelling unit: Eight hundred (800) square feet.

(4)

Area for manufactured home park. Minimum, three (3) acres; maximum, thirty-five (35) acres. The total lot area shall equal at least five thousand (5,000) square feet for each unit within the park.

(5)

Maximum height limit:

Two and one-half (2.5) stories, or thirty-five (35) feet for the main building/house.

Other (see section 22-37(e)).

(d)

Special requirements for manufactured/mobile home parks.

(1)

Access. Each manufactured/mobile home community shall have direct access from a public street or an internal street. Where an internal private street provides access, the same shall be paved in accordance with city standards, and it shall be dedicated to the public as an emergency access or fire lane easement to allow for the rapid and safe movement of vehicles used in providing emergency health or public safety services. Each emergency access/fire lane easement shall have a clear unobstructed width of twenty-four (24) feet, shall connect to a dedicated public street, and shall have a turning area and radii of a minimum of fifty (50) feet to permit free movement of emergency vehicles. Dead end streets are not allowed. Cul-de-sac streets shall not exceed four hundred (400) feet in length. Fire lane easements shall be maintained by the manufactured/mobile home park.

(2)

Walkways. Designated concrete walkways four (4) feet in width will be provided on both sides of roadways or streets.

(3)

Street names and signs. Within each manufactured/mobile home park, all streets shall be named, and manufactured/mobile homes numbered in a logical and orderly fashion. Street signs shall be of a color and size contrasting with those on public streets and roadways so that there is no confusion regarding which are private and which are public streets. These signs and numbers shall be of standard size and placement to facilitate location by emergency vehicles. Street names shall be submitted to the city manager, or his/her designee, along with the preliminary plat application, reviewed by the appropriate city staff with respect to street naming procedures set forth within the subdivision ordinance and/or the city's Code of Ordinances, and approved by the planning and zoning commission and city council on the preliminary plat for the subdivision. The street names shall be set with preliminary plat approval, and shall not be changed on the final plat without city approval. All dwelling unit numbering (i.e., addressing) shall be assigned by the city manager, or his/her designee.

(4)

Other signs. Along all sections of emergency access easements, the owner or agent shall erect metal signs prohibiting parking. The sign type, size, height and location shall be in accordance with the manual of uniform traffic control devices and approved by the city.

(5)

Intersections. Internal streets shall intersect adjoining public streets at approximately ninety (90) degrees and at locations which will eliminate or minimize interference with traffic on those public streets.

(6)

Street lighting. Street lighting within the manufactured/mobile home park shall be provided and maintained by the owners of the manufactured/mobile home park.

(7)

Electric and telephone service. All electrical distribution lines and all telephone lines shall be underground except the primary service lines to the park.

(8)

Drainage and soil protection. The ground surface in all parts of the park shall be graded and equipped to drain all surface water in a safe, efficient manner. Each manufactured/mobile home space shall provide adequate drainage for the placement of a manufactured/mobile home. Exposed ground surfaces in all parts of every manufactured/mobile home park shall be paved and/or covered with stone, brick paving, or other similar solid material, or protected with a vegetative growth (such as grass) capable of preventing soil erosion and eliminating dust.

(9)

Fire fighting:

Approaches to all manufactured/mobile homes shall be kept clear for fire fighting.

The owner or agent of a manufactured/mobile home park shall be responsible for the instruction of any staff in the use of the park fire protection equipment and in their specific duties in the event of a fire. Owner shall supply standard city fire hydrants located within three hundred (300) feet of all manufactured/mobile home spaces, measured along the drive or street.

The owner or agent of a manufactured/mobile home park shall be responsible for maintaining the entire area of the park free of dry brush, leaves and weeds in excess of twelve (12) inches in height.

(10)

Refuse handling and collection. The owner or agent of a manufactured/mobile home park shall provide an adequate system of collection and safe disposal of rubbish, as approved by the city. Storage, collection and handling of refuse shall be conducted so as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution. Every dwelling unit shall be located within two hundred fifty (250) feet of a refuse facility measured along the designated pedestrian or vehicular travelway. There shall be available at least six (6) cubic yards of refuse containers per thirty (30) units. If trash dumpsters are used, they shall be screened as prescribed in section 22-36(b)(7) and as shown in Illustration 11.

(11)

Anchorage of manufactured/mobile homes. To insure against natural hazards such as tornados, high winds and electrical storms, anchorage for each manufactured/mobile home shall be provided according to the building code and state law.

(12)

Skirting:

All manufactured/mobile home units not attached to a permanent foundation shall provide skirting from the top of the unit's frame to grade. Skirting shall totally enclose and secure from view the unit's axles and all required anchors, footings, and piers.

All required skirting shall be masonry (or other material approved by the city manager, or his/her designee), and shall be of a color similar to the materials used in the construction of the manufactured/mobile home unit such that it blends with the overall appearance of the unit.

(13)

Adequate public facilities:

Water. An accessible, adequate, safe and potable supply of water shall be provided in each mobile home park/subdivision. Where a public supply of water of satisfactory quantity, quality and pressure is available at the site or at the boundary of the site, connection shall be made thereto, and its supply used exclusively. When a satisfactory public water supply is not available, a private water supply system may be developed and used as approved by the city's health authority.

Sewerage. An adequate and safe sewerage system shall be provided in all mobile home parks/subdivisions for conveying and disposing of all sewage. Such system shall be designed, constructed and maintained in accordance with state and local laws.

Each mobile home stand shall be provided with at least a four-inch diameter sewer riser pipe. The sewer riser pipe shall be located on each stand so that the sewer connection in the mobile home drain outlet will approximate a vertical position.

The sewer connection from the drain outlet of the mobile home to the sewer riser pipe shall have a nominal inside diameter of at least three (3) inches, and the slope of any portion thereof shall be at least one-fourth inch per foot. The sewer connection shall consist of one (1) pipe only without any branch fittings. All joints shall be watertight.

All materials used for sewer connections shall conform to City of Athens' engineering specifications.

Provision shall be made for plugging the sewer riser pipe when a mobile home does not occupy the lot. Surface drainage shall be diverted away from the riser. The rim of the riser pipe shall extend at least four (4) inches above ground elevation.

(e)

Special requirements.

(1)

Single-family dwellings (and their respective lots) constructed within this district shall conform to the standards as set forth in the SF-5 district (i.e., minimum five thousand (5,000) square foot lot size, minimum fifty (50) foot lot width, etc.).

(2)

Open storage is prohibited.

(3)

Recreation areas. In all mobile home parks/subdivisions accommodating or designed to accommodate twenty-five (25) or more mobile homes, there shall be one or more recreation areas which shall be easily accessible to all park/subdivision residents. The size (i.e., total square footage) of such recreation areas shall be based upon a minimum of one hundred (100) square feet for each lot. No outdoor recreation area shall contain less than two thousand five hundred (2,500) square feet.

(4)

Site plan approval (see section 22-12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the MH district.

(5)

Management responsibilities:

The person(s) to whom a license for a mobile home park is issued shall operate the park in compliance with this chapter, and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.

The park management shall notify park occupants of all applicable provisions of this chapter, and shall inform them of their duties and responsibilities under this chapter.

The park management shall supervise the placement of each mobile home on its mobile home lot, including securing its stability and installing all utility connections.

The park management shall maintain a register containing the following information:

Name and address of each occupant;

The make, model, year, name of owner, license number, and state issuing such license of all automobiles, vehicles, mobile homes and travel trailers; and

The date of arrival and date of departure of each mobile home or travel trailer.

The park management shall keep the register available for inspection at all times by law enforcement officers, public health officials, and any other officials whose duties necessitate acquisition of the information contained in the register. The register records shall not be destroyed for a period of two (2) years following date of registration.

The park management shall notify the health authority immediately of any suspected communicable or contagious disease within the park.

(6)

Other regulations. As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-32-19, § 24.3, 3-25-19)

Sec. 22-25. - O—Office district.

(a)

General purpose and description. The O, Office, district is established to create a flexible district for low intensity office and professional uses. The district can be used as a transition district between more intense uses and residential uses. Permitted uses should be compatible with adjacent residential areas by limiting heights to two (2) stories, and by utilizing buffering and landscaping requirements. Adaptive reuse of existing structures is encouraged. Buildings in this district should be compatible and in similar scale with residential uses and adjacent property.

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (use charts).

(2)

Accessory uses to the main use.

(3)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height (see also subsection 22-25(d)(2)d. below):

Two stories or thirty-five (35) feet for the main building(s).

Other (see section 22-37(e)).

(d)

Area regulations.

(1)

Size of lots:

Minimum lot size. Seven thousand (7,000) square feet.

Minimum lot width. Seventy (70) feet.

Minimum lot depth. One hundred (100) feet.

(2)

Size of yards:

Minimum front yard. Twenty-five (25) feet; all yards adjacent to a street shall be considered a front yard.

Minimum side yard. Ten (10) feet; twenty-five (25) feet adjacent to a public street or residential lot.

Minimum rear yard. Ten (10) feet.

Adjacent to a single-family district. The side or rear setback, whichever is adjacent to the single-family zoning district, shall observe a 60-foot setback if the office use is over one (1) story in height.

(e)

Special district requirements.

(1)

Open storage is prohibited.

(2)

Site plan review. Review and approval of a site plan (in accordance with section 22-12) shall be required for any tract/lot within the O district. No certificate of occupancy shall be issued unless all construction and development conforms to the site plan as approved by the city.

(3)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling or nonresidential purposes.

(4)

Other regulations. As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-08-03, 3-24-03; Ord. No. O-32-19, § 25.3, 3-25-19)

Sec. 22-26. - R—Retail district.

(a)

General purpose and description. The R, Retail, district is established to provide areas for neighborhood, local and regional shopping and service facilities for the retail sales of goods and services. These shopping areas should utilize established landscape and buffering requirements. The R district should be located along or at the intersection of major collectors or thoroughfares to accommodate higher traffic volumes.

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (use charts).

(2)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height (see also subsection 22-26(d)(2)e. below):

Two stories or thirty-five (35) feet for the main building(s).

Other (see section 22-37(e)).

(d)

Area regulations.

(1)

Size of lot:

Minimum lot area. Ten thousand (10,000) square feet.

Minimum lot width. Seventy (70) feet.

Minimum lot depth. One hundred (100) feet.

(2)

Size of yards:

Minimum front yard. Twenty-five (25) feet; all yards adjacent to a street shall be considered a front yard.

Minimum side yard. Ten (10) feet; twenty-five (25) feet adjacent to a public street or residential lot.

Interior side yards. When retail uses are platted adjacent to other retail uses and integrated into an overall shopping center site (i.e., lots/lease spaces abutting one another), no side yard is required provided it complies with the city's building code.

Minimum rear yard. Ten (10) feet.

Adjacent to a single-family district. The side or rear setback, whichever is adjacent to the single-family zoning district, shall observe a 60-foot setback if the retail use is over one (1) story in height.

(e)

Special requirements.

(1)

Site plan review. Review and approval of a site plan (in accordance with section 22-12) shall be required for any tract/lot within the R district. No certificate of occupancy shall be issued unless all construction and development conforms to the site plan as approved by the city.

(2)

Open storage is limited to a maximum of five (5) percent of the total lot area, shall not be located in front of (i.e., on the street side of) or on top of the building, and must be screened in accordance with the provisions of section 22-36 (i.e., cannot be visible from any public street or adjacent property). However, periodic display of seasonal items (e.g., Christmas trees, pumpkins, etc.) is allowed during the appropriate time periods (see provisions for outside display below).

(3)

Outside display of merchandise and/or seasonal items (e.g., Christmas trees, pumpkins, etc.) shall be limited to the following:

Shall be placed/located on the same lot as the primary use.

Shall not occupy any of the parking spaces that are required by this chapter for the primary use(s) of the property (except on a temporary basis only, which is a maximum of thirty (30) days per display and a maximum of two (2) displays per calendar year).

Shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way.

Shall not extend into public right-of-way or onto adjacent property.

All outside display items shall be removed at the end of business each day (except for items that are seasonal in nature).

All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.

Exceptions to the above restrictions on outside display of merchandise:

Businesses whose primary inventory is typically displayed in an outside manner including, but not limited to, auto/boat dealers, lumber yards, plant nurseries, swimming pool/spa contractors, portable building sales lots, etc.

(4)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling or nonresidential purposes.

(5)

Other regulations. As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-08-03, 3-24-03; Ord. No. O-32-19, § 26.3, 3-25-19)

Sec. 22-27. - CBD—Central business district.

(a)

General purpose and description. The central business district development standards are designed to accommodate development of a diversity of office, retail, commercial, and civic land uses located in a more densely developed environment than typically found elsewhere in the city. Mixed use developments of compatible residential and nonresidential uses are allowed and encouraged. Special provisions are required for building materials, signage, lighting, screening and landscape requirements in order to improve, enhance and preserve the aesthetic quality of the downtown architecture. The central business district of Athens is hereby established as follows: Corsicana Street, north and south sides between the west boundary line of Carroll Street and the east boundary line of Pinkerton Street; Palestine Street, east and west sides, between the north boundary line of College Street and the south boundary line of Larkin Street; Prairieville Street, east and west sides, between the north boundary line of College Street and the south boundary line of Larkin Street; and Tyler Street, north and south sides, between the west boundary line of Carroll Street and the east boundary line of Pinkerton Street.

(b)

Permitted uses.

(1)

Uses permitted in the CBD district are outlined in section 22-32 (use charts).

(2)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Area regulations.

(1)

Size of yards:

Minimum front yard. none specified.

Minimum side yard. none specified.

Minimum rear yard. none specified.

(2)

Size of lot:

Minimum lot area. none specified.

Minimum lot width. none specified.

Minimum lot depth. none specified.

(3)

Height regulations:

Maximum height:

Two stories or thirty-five (35) feet for the main building.

Other (see section 22-37(e)).

(4)

Maximum lot coverage. none specified.

(5)

Parking regulations. none specified.

(d)

Special requirements.

(1)

Site plan review. Review and approval of a site plan (in accordance with section 22-12) shall be required for site redevelopment or the construction of any new structure within the CBD district. No certificate of occupancy shall be issued unless all construction and development conforms to the site plan as approved by the city.

(2)

For site redevelopment or new construction, building facade (i.e., elevation) plans shall be submitted for review and approval along with the site plan. Facade plans shall clearly show how the building(s) will look, especially as viewed from the road(s) upon which the property faces and/or sides, and will portray a reasonably accurate depiction of the materials and colors to be used. Architectural style and scale of new/renovated buildings within the CBD district shall be compatible with the styles and scale of other adjacent buildings, and shall be historically accurate to the greatest extent possible in order to preserve the unique character of the downtown area.

The city manager (or his/her designee) may, as he/she deems appropriate, require submission of additional information and materials (possibly actual samples of materials to be used) during the site plan review process.

(3)

Design standards for the CBD district:

Applicability. These standards shall apply to:

New nonresidential and residential construction on an undeveloped site.

Any addition, expansion or renovation to a building on a developed site.

New construction or renovation to a building for combined commercial and residential use.

All new construction, whether a new building or an addition, expansion or renovation to a building on a developed site shall respect existing building heights, offsets and other design elements.

Exterior wall materials.

Masonry materials shall be required for each facade. For the purpose of this chapter, masonry shall be defined as brick, stone, manufactured stone, exterior insulation finish systems (EIFS), split face concrete masonry unit, stucco, polished block or tile. Smooth face masonry unit and Hardi Plank/Hardi Board is prohibited. The director of planning and development shall have the authority to approve the use of synthetic materials engineered to mimic those materials listed above.

Each exterior elevation shall consist of eighty (80) percent masonry, excluding doors and windows.

Wood or simulated wood products shall be used for window and door frames.

Painting over brick or masonry is strongly discouraged on existing buildings. Existing buildings with painted brick or masonry may have paint removed by an approved cleaning process only if removal of paint does not adversely affect the integrity of the brick or mortar.

The adding of false fronts or mansard roofs that cover or obscure the original facade is prohibited.

Non-original siding materials and false fronts shall be removed.

Facade articulation.

Front building facades shall be articulated through the use of one or more of the following: architectural features, pilasters, building offsets, building materials and textures. The intent of this requirement is to avoid box-like appearances of structures. Building facades shall be three (3) dimensional, contain height, width and depth.

Storefront doors and windows shall be consistent in height.

Storefront entries shall be recessed with wood and single panel glass door. Transoms above the door and sidelights may be incorporated into the design. Aluminum doors with dark brown or anodized aluminum finish are acceptable.

It is prohibited to reduce the size, block or fill in the original opening on any existing buildings.

The use of solid doors, glass block, or tinted opaque or mirrored glass is prohibited.

Colors and finishes.

Primary building colors shall be muted earth tones.

Contrasting colors shall be used for building accent such as trim, railings and entries.

The use of primary colors is prohibited.

Windows.

The first floor of retail/business buildings shall have large display windows with transoms when interior ceiling height allows.

Multi-story buildings shall have vertically oriented windows on the upper floors.

Upper level windows shall have masonry window ledges.

It is prohibited to cover up or fill in upper story windows in existing buildings.

If windows are replaced, they shall have wooden or simulated wood material frames, be of the same size, style, and have the same number and configuration of window panes as the original.

The use of security grills are prohibited on store front windows.

Windows shall not be installed flush to the outside wall.

Windows shall not have plywood or cardboard over them, except when windows have been broken or cracked and owner/tenant is awaiting installation of replacement glass.

Roofs.

Roof lines shall be varied for visual interest.

Roof lines running in a continuous plane more than forty (40) feet are prohibited.

Detailed cornices, friezes and parapet walls shall be required for flat roofs.

All rooftop equipment shall be screened from view.

Awnings.

Awning shall not obscure piers, columns or decorative features.

Awning shall be a minimum of eight (8) feet and a maximum of twelve (12) feet above the sidewalk and no awning shall extend more than five (5) feet outward from the building face/surface.

Color of awning must complement the building.

Awning shall be constructed of woven cloth or linen fabric. Signs on awnings are limited to the valance or small logos on the awning itself.

Bubble awnings, exaggerate-shaped awnings, elongated bull nose entrance canopies/awning or awning/canopies supported from the sidewalk are prohibited.

The use of metal, vinyl or rubber awnings is prohibited.

Awnings shall be at an appropriate scale to the building size and configuration. They shall not extend above the roof line of any single-story structure, or above the top of the second floor of any multi-story structure at the awnings' highest point. Awnings shall not completely obstruct any windows on the building.

Canopies.

Canopies shall not obscure piers, columns or decorative features.

Canopies shall be a minimum of eight (8) feet and a maximum of twelve (12) feet above the sidewalk and no canopy shall extend more than five (5) feet outward from the building face/surface.

Color of canopy must complement the building.

Canopies may be constructed of wood or metal. Signs on canopies are limited to the valance or small logos on the canopy itself.

Canopies constructed of wood must be painted or stained to protect material from elements and shall be properly maintained.

Canopies shall be at an appropriate scale to the building size and configuration. They shall not extend above the roof line of any single-story structure, or above the top of the second floor of any multi-story structure at the canopies' highest point. Canopies shall not completely obstruct any windows on the building.

(4)

Signs. Signs shall be in conformance with section 22-41(f)(13) of City of Athens Zoning Ordinance No. O-12-01.

(5)

Outdoor lighting.

All outdoor lighting shall be designed, installed and maintained so as not to overflow onto adjacent properties.

Light standards and exterior fixtures shall be comparable to others in the CBD district in design, height and light projection.

(6)

Utilities.

All newly installed utility service lines shall be underground. Any relocation of existing utilities and any improvements which result in an increase in the capacity of the existing service, shall comply with this requirement.

All outdoor utility equipment, such as pad mounted transformers, telephone switch boxes and gas meters shall be reasonably screened from the public view and from view of adjacent properties. Whenever possible, all utilities shall be located at the rear of the property. All required screening shall meet the clearance requirements of the affected utility company.

(7)

Landscaping.

Each business/storefront shall have a minimum of one (1) planting vessel in front of the property. A business that is located on a corner lot shall have a minimum of one (1) planting vessel located on both street frontages.

The owner/tenant shall be responsible for care and upkeep of the planting vessel. The owner/tenant shall keep seasonal flowers and/or shrubs in the vessel, planting a minimum of twice per year.

Pedestrian spaces shall be treated with amenities that are selected based upon their ability to unify the streetscape with the area's historic past. It is important that elements such as construction materials, colors, textures and fixture design complement the area's historic qualities. These features shall be repeated throughout the streetscape so as to unify the district as a whole.

(8)

Loading and deliveries. Whenever possible, all deliveries and loading shall be done on the rear of the property.

(9)

Refuse containers.

Whenever possible, all refuse containers shall be located at the rear of the property.

Whenever possible, refuse containers shall be screened from the view of public street rights-of-way and from view of adjacent property. Where the refuse containers are not entirely screened from view of these areas by the building or landscaping, refuse containers shall be screened on three (3) sides by a wall at least six (6) feet in height. An opening shall be provided on the fourth side for access to refuse collection vehicles. This opening shall have a gate of metal, wood or a combination thereof.

Whenever possible, the use of communal dumpsters is encouraged.

(10)

Outdoor uses.

No outdoor storage, repair or assembly of goods shall be permitted in the CBD district.

Outside display of merchandise and/or seasonal items (e.g., Christmas trees, pumpkins, etc.) shall be limited to the following:

Shall not be placed/located more than five (5) feet from the main building.

Shall not occupy any on-street or off-street parking spaces.

Shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way (i.e., sidewalk sales cannot block the sidewalk or extend out into the street).

Shall only be located in front of the property/business which is selling the item(s).

All outside display items shall be removed at the end of business each day (except for large seasonal items such as Christmas trees).

All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.

(11)

Outdoor dining. The limited use of public sidewalk for restaurant seating may be permitted, providing that at least five (5) feet of sidewalk remains available for pedestrian use.

(12)

Unimproved pad sites. All portions of the CBD district that are not occupied by buildings, structures, vehicle access and parking areas shall be kept in a neat and orderly manner. Outdoor storage is not allowed on unimproved pad sites. Landscaping is encouraged on unimproved pad sites.

(13)

Maintenance and repair. All structures, parking, landscaping and areas of refuse shall be maintained and repaired in a timely manner.

(14)

Other regulations. As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-30-11, 10-10-11; Ord. No. O-32-19, § 27.3, 3-25-19)

Sec. 22-28. - C—Commercial district.

(a)

General purpose and description. The C, commercial, district is intended to provide a location for commercial and service-related establishments, such as wholesale product sales, welding/contractors shops, automotive repair services, upholstery shops, and other similar commercial uses. Uses in this district may utilize open storage areas that are screened from public view (see section 22-36). The uses envisioned for the district will typically utilize smaller sites and have operation characteristics which are not compatible with residential uses and some nonresidential uses. Convenient access to thoroughfares and collector streets is also a primary consideration.

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (use charts).

(2)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height:

Three (3) stories or forty-five (45) feet for the main building.

Other (see section 22-37(e)).

(d)

Area regulations.

(1)

Size of lot:

Minimum lot area. Ten thousand (10,000) square feet.

Minimum lot width. Seventy (70) feet.

Minimum lot depth. One hundred (100) feet.

(2)

Size of yards:

Minimum front yard. Twenty-five (25) feet; all yards adjacent to a street shall be considered a front yard.

Minimum side yard. Ten (10) feet; twenty-five (25) feet adjacent to a public street or residential lot.

Minimum rear yard. Ten (10) feet.

(e)

Special requirements:

(1)

Site plan review. Review and approval of a site plan (in accordance with section 22-12) shall be required for any tract/lot within the C district. No certificate of occupancy shall be issued unless all construction and development conforms to the site plan as approved by the city.

(2)

Open storage shall not be located in front of (i.e., on the street side of) or on top of the building, and must be screened in accordance with the provisions of section 22-36 (i.e., cannot be visible from any public street or adjacent property). However, periodic display of seasonal items (e.g., Christmas trees, pumpkins, etc.) is allowed during the appropriate time periods (see provisions for outside display below).

(3)

Outside display of merchandise and/or seasonal items (e.g., Christmas trees, pumpkins, etc.) shall be limited to the following:

Shall be placed/located on the same lot as the primary use.

Shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way.

Shall not extend into public right-of-way or onto adjacent property.

All outside display items shall be removed at the end of business each day (except for items that are seasonal in nature).

All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.

Exceptions to the above restrictions on outside display of merchandise:

(4)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling or nonresidential purposes.

(5)

No permanent use of temporary buildings.

(6)

Other regulations. As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-08-03, 3-24-03; Ord. No. O-32-19, § 28.3, 3-25-19)

Sec. 22-29. - I—Industrial district.

(a)

General purpose and description. The I, industrial, district is intended primarily for the conduct of light manufacturing, assembling and fabrication activities, and for warehousing, research and development, wholesaling and service operations that do not typically depend upon frequent customer or client visits. Such uses do require accessibility to major thoroughfares, major highways, and/or other means of transportation.

(b)

Permitted uses.

(1)

The following uses are permitted in the industrial district, provided that such light manufacturing or industrial operations shall not disseminate dust, fumes, gas, noxious odor, smoke, glare or other atmospheric influence beyond the boundaries of the property upon which such use is located, and which produces no noise exceeding the average intensity of noise of street traffic, as further defined by the performance standards (section 22-38), at that point, and provided that such use does not create fire or safety hazards on surrounding property.

Those uses specified in section 22-32 (use charts).

Industrial, fabrication and manufacturing plants, including the assembling of prefabricated parts for the production of finished equipment, where the process of manufacturing or treatment of materials is such that no dust, odors, fumes, gas, smoke, glare, vibration or noise is emitted beyond the property line (see section 22-36 for screening requirements).

Uses of a light manufacturing type nature, employing electricity and/or other unobjectionable mode of power and which does not produce any objectionable dust, odors, fumes, gas, smoke, glare, vibration or noise.

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height:

Occupied structures/buildings. Three (3) stories or forty-five (45) feet, but limited to a maximum height of thirty-five (35) feet on any portion of the site that is within two hundred (200) feet of any residentially zoned property (i.e., A, SF-15, SF-10, SF-7, SF-5, SF-PH, MF-2, SFA, MF-4, MF-5 or MH), and a maximum height of one (1) story within sixty (60) feet of residential.

Unoccupied structures (e.g., private grain silos, private water towers/utility structures, communications antennae, etc.) - sixty (60) feet; Where any structure over thirty-five (35) feet in height is to be constructed on a site that is adjacent (or in close proximity) to a residential zoning district (A, SF-15, SF-10, SF-7, SF-5, SF-PH, MF-2, SFA, MF-4, MF-5 or MH), additional setback (i.e., front, side, rear yard) distance must be provided from the residential zoning district boundary line of one (1) additional foot for each foot that such structures exceed thirty-five (35) feet. (Also see section 22-37(f) for communications antennae and support structures/towers.)

Other (see section 22-37(e))

(d)

Area regulations.

(1)

Size of lot:

Minimum lot area. 20,000 square feet.

Minimum lot width. One hundred (100) feet.

Minimum lot depth. 200 feet.

(2)

Size of yards:

Minimum front yard. Twenty-five (25) feet; all yards adjacent to a street shall be considered a front yard.

Minimum side yard. Twenty-five (25) feet.

Minimum rear yard. Twenty-five (25) feet.

Adjacent to a residential district. The side or rear setback, whichever is adjacent to a residential zoning district, shall observe a 60-foot setback for any occupied building that is over one (1) story in height, and a two hundred (200) foot setback for occupied buildings over two (2) stories or thirty-five (35) feet in height.

(e)

Special requirements.

(1)

Site plan review. Review and approval of a site plan (in accordance with section 22-12) shall be required for any tract/lot within the I district. No certificate of occupancy shall be issued unless all construction and development conforms to the site plan as approved by the city.

(2)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling or nonresidential purposes.

(3)

No permanent use of temporary buildings.

(4)

Other regulations: As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-32-19, § 29.3, 3-25-19; Ord. No. 2023-O-025, § 1, 3-27-23)

Sec. 22-30. - PD—Planned development overlay district.

(a)

General purpose and description.

(1)

The City Council of the City of Athens, Texas, after public hearing and proper notice to all parties affected and after recommendation from the planning and zoning commission, may authorize the creation of a planned development overlay district.

(2)

The planned development (PD) district is a district which accommodates planned associations of uses developed as integral land use units such as industrial districts, office parks, retail/commercial or service centers, shopping centers, residential developments having a mixture of housing options (e.g., single-family, multi-family, duplex, etc.), or any appropriate combination of uses which may be planned, developed or operated as integral land use units either by a single owner or a combination of owners. A PD district may be used to permit new or innovative concepts in land utilization not permitted by other zoning districts in this chapter. While greater flexibility is given to allow special conditions or restrictions which would not otherwise allow the development to occur, procedures are established herein to ensure against misuse of increased flexibility.

(b)

Permitted uses.

(1)

An application for a PD district shall specify a base zoning district upon which the PD is overlayed, and the use or the combination of uses proposed (particularly if any of the proposed uses are not allowed by right in the base zoning district). In selecting a base zoning district, the uses allowed in the base district must be similar or compatible with those proposed for the PD. PD designations shall not be attached to SUP requirements. Specific use provisions allowed in a base zoning district are allowed in a PD only if specifically identified at the time of PD approval, and if specifically cited as an "additional use" (i.e., to those allowed by right in the base zoning district) in the ordinance establishing the PD.

(2)

In the case of residential PD districts, the proposed lot sizes shall be no smaller than the lot sizes allowed in the base zoning district for each type of housing (e.g., single-family, duplex, etc.) except for minor changes in a small percentage of the lots in order to provide improved design or flexibility in the layout of the subdivision.

(c)

Planned development requirements.

(1)

Development requirements for each separate PD district shall be set forth in the amending ordinance granting the PD district and shall include, but may not be limited to: uses, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, lighting, project phasing or scheduling, management associations, and other requirements as the City Council and Planning and Zoning Commission may deem appropriate.

(2)

In the overlay PD district, uses shall conform to the standards and regulations of the base zoning district to which it is most similar. The base zoning district shall be stated in the granting ordinance. All applications to the City shall list all requested deviations from the standard requirements set forth throughout this chapter (applications without this list will be considered incomplete). The Planned Development district shall conform to all other regulations of the base zoning district, as well as all other sections of the Zoning Ordinance, unless specifically changed or excluded in the ordinance establishing the PD.

(3)

The ordinance granting a PD district shall include a statement as to the purpose and intent of the PD granted therein. A specific list is required of modifications in each district or districts and general statement citing the reason for the PD request.

(4)

The minimum acreage for a planned development request shall be one (1) acre.

(d)

In establishing a planned development district in accordance with this section, the city council shall approve and file as part of the amending ordinance appropriate plans and standards for each planned development district. To facilitate understanding of the request during the review and public hearing process, the concurrent submission of a concept plan for a proposed nonresidential, multi-family, manufactured (mobile) home, or residential (i.e., single- or two-family) project shall be required along with the PD zoning application. A detailed site plan (or a preliminary plat in the case of a residential PD; see the subdivision ordinance for submission requirements) may be submitted in lieu of the concept plan if the applicant prefers to do so, and if the applicant wishes to expend the resources/funds necessary to prepare a complete detailed site plan (or preliminary plat) submission (i.e., detailed engineering/architectural plans, etc.; see section 22-12).

(1)

Concept plan. This plan shall be submitted by the applicant at the time of the PD request (for exceptions, see section 22-30(e)(4)). The plan shall show the applicant's intent for the use of the land within the proposed planned development district in a graphic manner and, as may be required, supported by written documentation of proposals and standards for development. The city may prepare application form(s) which further describe and explain the following requirements:

Residential concept plan. A residential concept plan (a preliminary plat may serve as the residential concept plan; see the subdivision ordinance for submission requirements) shall be submitted with any residential PD zoning request for a development comprised of single-family (detached or attached) or two-family (duplex) dwellings on individually platted lots, and shall show general uses, phasing of the development, access, thoroughfares, alleys (if proposed), preliminary lot arrangements, proposed densities, proposed screening, landscaped or private amenity areas, project scheduling, and other pertinent development data.

Nonresidential or multi-family concept plan. A concept plan shall be submitted with any nonresidential, multi-family, or manufactured (mobile) home PD zoning request, and shall clearly show all pertinent aspects of the type and nature of the proposed development. The concept plan shall show the types of use(s) proposed; access, topography and boundaries of the PD area; existing physical features of the site; existing and proposed streets, alleys, easements and lot lines; location of existing or proposed public facilities; building heights and locations; parking areas and ratios; fire lanes; screening and landscaped areas; project phasing and scheduling; and other pertinent development data to adequately describe the proposed development.

A detailed site plan (i.e., development plan) shall be submitted for approval (in accordance with subsection (2) below, and with section 22-12 of this chapter) within one (1) year from the approval date of the concept plan for all or some portion/lot of the planned development covered by the overall concept plan. If a detailed site plan is not submitted within one (1) year, then the Concept Plan will be deemed to be expired. A new concept plan (along with a zoning application to amend the PD ordinance and its accompanying concept plan) must be submitted for review and approval prior to detailed site plan review/approval (and any subsequent issuance of a building permit) for any portion of the PD district.

(2)

Site plan (development plan). Submission and approval of the detailed site plan shall be in accordance with section 22-12 of this chapter, and shall accompany an application for planned development zoning if the applicant prefers to submit the detailed site plan in lieu of the required concept plan. The detailed site plan will establish the final plans for development of the planned development district (or any portion/lot thereof), and it shall substantially conform to the site layout and development data approved on the concept plan (adopted along with the PD ordinance). If a concept plan was previously approved for the overall PD district, then a detailed site plan (along with the required engineering/architectural site construction plans) may be submitted for only the sections/lots that are proposed for immediate development rather than for the entire PD. If no concept plan was approved with the ordinance establishing the PD, then a detailed site plan (along with the required engineering/architectural site construction plans) must be submitted for the entire PD, even though only portions of it are proposed for immediate development.

For any single- or two-family residential district (A, SF-15, SF-10, SF-7, SF-5, SF-PH, MF-2 or SFA), a preliminary plat shall qualify as the detailed site plan (development plan).

PD-2 agriculture zoning district — A single-family structure (i.e., a one-family dwelling on one (1) lot, as described in the definitions in appendix A-3) in the PD-2 district does not require site plan approval, but does require issuance of a building permit.

(3)

If any portion of the site plan has not been issued a building permit within one (1) year following approval, then the entire site plan shall be deemed expired and shall be null and void. Prior to issuance of another building permit, a new site plan must be submitted for approval which is in conformance with regulations and requirements that are in effect at the time of submittal.

(e)

Approval process and procedure.

(1)

The procedure for establishing a planned development zoning district shall follow the procedures for zoning amendments as set forth in section 22-10 of this chapter. This procedure shall be expanded to include concurrent consideration and approval (or denial) of the concept plan or the detailed site plan (or preliminary plat for a residential PD) which is submitted along with the PD zoning request application. The public hearings conducted for, and the subsequent actions taken upon, the PD zoning request shall also include the accompanying concept plan or detailed site plan/preliminary plat.

(2)

The ordinance establishing the planned development zoning district shall not be approved (or adopted) until the accompanying concept plan or detailed site plan/preliminary plat is approved by the city council, and until all other procedural requirements set forth in section 22-10 are satisfied.

(f)

All planned development zoning districts approved in accordance with the provisions of this chapter in its original form, or by subsequent amendments thereto, shall be prefixed by a "PD" designation and assigned a unique identification number (e.g., PD-1, PD-2, and so on), and shall also be referenced on the zoning district map. A list of such Planned Development districts, showing the uses permitted and any other special stipulations of each PD district, shall be maintained as part of this chapter.

(g)

Prior planned development ordinances remaining in effect.

(1)

Prior to adoption of this chapter, the city council previously established certain planned development districts, some of which are to be continued in full force and effect. The ordinances or parts of ordinances approved prior to this chapter, specified in appendix A-1, shall be carried forth in full force and effect and are the conditions, restrictions, regulations and requirements which apply to the respective planned development districts shown on the zoning district map as of the effective date of this chapter. Each prior PD ordinance is hereby assigned a unique identification number (e.g., PD-1, PD-2, and so on) as shown in appendix A-1, and subsequent PD ordinances adopted after the effective date of this chapter shall be similarly numbered for identification purposes.

(2)

For all planned development districts established prior to adoption of this chapter which do not have a concept plan or site plan/preliminary plat approved for the site/parcel or tract, a concept plan and a detailed site plan must be approved as stated in section 22-30(d) above (and pursuant to section 22-12 of this chapter) prior to development of the property.

(Ord. No. O-40-17, 10-19-17)

Sec. 22-31. - SUP—Specific use provisions.

(a)

Specific uses. The purpose of this overlay district is to allow certain uses within base zoning districts that, under most circumstances, would not be compatible with other permitted uses but with certain conditions and development restrictions may be compatible.

The city council by an affirmative vote may, after public hearing and proper notice (in accordance with the procedures set forth in section 22-10) to all parties affected, and after recommendations from the planning and zoning commission that the uses are in general conformance with the intent of the comprehensive plan and with general objectives of the city, and containing such requirements and safeguards as are necessary to protect adjoining property, authorize certain uses by a specific use provision (SUP). As a zoning action, issuance of an SUP shall only apply to real property (i.e., shall not be attached to any person, business entity, etc.), and shall not be transferred from one (1)property to another (i.e., shall not move if a business operation relocates).

A zoning application for an SUP shall be accompanied by a metes and bounds description and a survey (i.e., drawing) exhibit showing the property for which the SUP is being requested, and by a site plan (see section 22-12) drawn to scale and showing the general arrangement of the project, together with essential requirements such as off-street parking facilities; size, height, construction materials, and locations of buildings and the uses to be allowed; location and construction of signs; means of ingress and egress to public streets; the type of visual screening such as walls, plantings and fences; and the relationship of the intended use to all existing properties and land uses in all directions to a minimum distance of two hundred (200) feet. The city shall make available application forms specifying drawing requirements. The city manager (or his/her designee), planning and zoning commission or city council may require additional information or drawings (such as building floor plans), operating data and expert evaluation or testimony concerning the location, function and characteristics of any building or use proposed. The site plan shall be reviewed and approved along with the SUP zoning application, and in accordance with section 22-12 of this chapter.

(b)

Specific use provision regulations.

(1)

In recommending that a specific use provision for the premises under consideration be granted, the city shall determine that such uses are harmonious and adaptable to building structures and uses of abutting property and other property in the vicinity of the premises under consideration, and shall make recommendations as to requirements for the paving of streets, alleys and sidewalks, means of ingress and egress to public streets, provisions for drainage, adequate off-street parking, screening and open space, heights of structures, and compatibility of buildings. In approving a requested SUP, the planning and zoning commission and city council may consider any or all of the following:

The use is harmonious and compatible with surrounding existing uses or proposed uses;

The activities requested by the applicant are normally associated with the permitted uses in the base district;

The nature of the use is reasonable;

Any negative impact on the surrounding area has been mitigated; and/or

That any additional conditions specified ensure that the intent of the district purposes are being upheld.

(2)

In granting a specific use provision, the planning and zoning commission and city council may impose conditions which shall be complied with by the owner or grantee before a certificate of occupancy may be issued by the building official, or his/her designee, for use of the building on such property pursuant to such specific use provision and such conditions precedent to the granting of the certificate of occupancy. Any special conditions shall be set forth in writing by the city council prior to issuance of the certificate of occupancy, and shall be incorporated into the amending ordinance establishing the SUP.

(3)

No specific use provision shall be granted unless the applicant, owner and grantee of the specific use provision shall be willing to accept and agree to be bound by and comply with the written requirements or conditions of the specific use provision, as incorporated into the amending ordinance establishing the SUP, and as reviewed by the planning and zoning commission and approved by the city council.

(4)

Every specific use permit granted under these provisions shall be considered as an amendment to the zoning chapter and shall remain applicable to the property so long as all conditions imposed at the time of granting said permit continue to be met and no substantive change in the use of the property occurs. In the event the building, premises, or land use under the specific use permit is voluntarily vacated for a period in excess of one hundred eighty (180) days, the use of the same shall thereafter conform to the regulations of the original zoning district of such property unless a new and separate specific use permit is granted for continuation of the same.

(5)

A building permit or certificate of occupancy shall be applied for (following site plan approval) and secured within one (1) year from the time of granting the specific use provision, provided however, that the city council may authorize an extension of up to one (1) additional year. After the one-year period (and the extension, if such has been granted by city council) has elapsed, the SUP shall expire. The applicant/property owner(s) must then submit a new SUP application for approval prior to any construction or to application for a building permit for the area designated for the original specific use provision.

(6)

No building, premises, or land used under a specific use provision may be enlarged, modified, structurally altered, or otherwise significantly changed unless an amended specific use provision is granted for such enlargement, modification, structural alteration, or change.

Only minor changes or alterations to the building itself (i.e., those that do not involve the addition of land area covered by the SUP or modification of any special stipulations adopted in the ordinance granting the SUP, either of which must be done using the procedures outlined in section 22-10) may be approved by the city manager, or his/her designee.

(7)

The zoning board of adjustments shall not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the specific land use designated by any specific use provision.

(8)

When the city council authorizes granting of a specific use provision, the zoning district map shall be amended according to its legend to indicate that the affected area has conditional and limited uses, and said amendment is to indicate the appropriate zoning district for the approved use and prefixed by a "SUP", or "S" designation followed by the identification number assigned to that particular SUP (e.g., S-1, S-2, S-3, and so on). A list of all issued SUPs, showing the uses permitted and any other special stipulations of each SUP, shall be maintained as part of this chapter.

(c)

Use regulations. Uses allowed by SUP are specified in section 22-32 (use charts).

(d)

Prior SUP ordinances remaining in effect. Prior to adoption of this chapter, the city council had established various specific use permits (SUPs), some of which are to be continued in full force and effect. The permits or parts of permits approved prior to this chapter, and specified in appendix A-2, shall be carried forth in full force and effect and are the conditions, restrictions, regulations and requirements which apply to the respective specific use provisions shown on the zoning district map as of the effective date of this section. The inactive (i.e., use is voluntarily vacated for a period in excess of one hundred eighty (180) days or use was never established) permits or parts of permits approved prior to the adoption of this chapter shall have one (1) year from the effective date of this chapter to establish the approved land use. If the inactive use is not established within this time, the use shall thereafter conform to the regulations of the original zoning district. Each prior SUP ordinance is hereby assigned a unique identification number (e.g., S-1, S-2, S-3, and so on) as shown in appendix A-2, and subsequent SUP ordinances adopted after the effective date of this chapter shall be similarly numbered for identification purposes.

(e)

Exceptions. In the PD-2 agriculture zoning district — See section 22-30(d)(2)b. (planned developments).

(Ord. No. 2021-O-151, § 1, 11-29-21)

Sec. 22-31A. - Temporary use permit.

The department of development services may issue a permit for a temporary event or temporary structure under the conditions and for the time specified in accordance with this section, provided that the temporary use does not constitute a nuisance for adjacent properties.

(a)

Temporary events.

(1)

Number of permits and duration. Unless stated otherwise herein, a business or property owner may receive during any calendar year no more than two (2) temporary use permits, or no more than one (1) temporary use permit and one (1) renewal of said permit for a specific property upon making application, after paying the required fee and receiving approval of the director of development services (director).

(2)

Application.

Unless otherwise determined by the director, an application for a temporary event permit must be submitted with the following information:

A written letter of approval from the property owner indicating the applicant has the right to use such property for the temporary use described in the application.

A site plan of the property showing:

(i)

Property boundaries.

(ii)

Building footprint of permanent structures and paved parking lot, if applicable.

(iii)

Location of all fire lanes, driveways, sidewalks and/or alleys.

(iv)

Location of merchandise, display areas, and temporary structures including tents, canopies or shelters.

(v)

Fire rating documentation for any temporary tent, canopy or shelter to be used during the event.

(vi)

The number of displaced parking spaces, if any, and the number of remaining parking spaces.

(vii)

Location of temporary lighting or security lighting, if any.

(viii)

Size and location of any temporary signage, pennants, or banners.

(ix)

Location of restrooms that will be available for use by the public during the event for which the permit is to be issued.

(x)

A description of the temporary event activities, requested days, and hours of operation.

(xi)

Contact information for the applicant and/or organization operating the event and contact information for a representative that will be on site during the event.

(xii)

Information regarding any temporary mobile food vendors, and/or any food or drink preparation, sales or sampling that may be on site in conjunction with the event.

Charitable, religious, educational, public service, and/or civic organizations are exempt from all fees to be collected pursuant to this section.

Additional requirements.

No parking space required by this chapter or other ordinance shall be used for a temporary event permit.

All temporary lighting will require an electrical permit and an inspection by the city building inspector prior to the event. No lighting may flash, travel, blink, fade, move, or scroll.

The minimum number of restrooms as required by the current, adopted version of the International Building Code shall be provided. Temporary restrooms and/or on-site restrooms shall be allowed with the approval of the property owner and business owner whose restrooms will be used.

The preparation, sale and/or sampling of any food and/or drinks shall comply with all applicable provisions of the current Code of Ordinances and any other applicable codes including, but not limited to, the issuance of any required health permit.

The use of a temporary tent, canopy, or shelter, made of cloth, plastic, canvas or similar material, shall comply with requirements of chapter 31 of the International Fire Code, as amended. The application submittal shall include fire rating certificate documentation to be reviewed and approved by the fire marshal.

No event receiving a temporary use permit shall locate in an approved landscape buffer or within the setbacks required in the zoning ordinance.

(3)

Decommission or removal. The site shall be vacated completely and cleaned at the end of the event and prior to the issuance of new temporary use permits for the same property.

(4)

Types of temporary events.

Seasonal sales. Temporary sales of seasonal products such as firewood, plants, fruits, vegetables, and similar items or products may be allowed during their normal and generally accepted season and for a period of time not to exceed thirty (30) consecutive days, and subject to the following provisions:

Issuance of permits for temporary outdoor sales of seasonal products shall be limited to areas zoned for retail or commercial uses.

Where an existing business is operating in accordance with a certificate of occupancy, the area for display shall be no more than two hundred (200) square feet, being generally square or rectangular in shape, with a maximum length of twenty-five (25) feet and a minimum width of eight (8) feet. Examples would be ten (10) feet by twenty (20) feet, or eight (8) feet by twenty-five (25) feet.

This section does not apply to temporary outdoor services such as mobile blood banks, mammography screening, eye screening, or similar medical services for humans.

An application for a temporary event shall also include a true copy of the sales tax permit which designates the city as point of sale.

Temporary sales of fruits and vegetables for off-premises consumption shall be allowed; however, the products must remain whole, and not be cut or opened in any manner.

All farmers markets shall be authorized by the city council. Council approval shall address the location, schedule and duration of the market.

Christmas tree sales. Temporary sales of Christmas trees may be allowed during the normal and generally accepted season, and subject to the following provisions:

Issuance of permits for temporary outdoor sales of Christmas trees shall be limited to areas zoned for retail or commercial uses, or any church property.

Sales may not begin prior to November 15.

Sale site must be cleaned and vacated by January 1.

The application for a temporary use permit shall also include a true copy of the sales tax permit which designates the city as point of sale.

Carnival, circus, fair, or festival. Such temporary events may be allowed provided the use conforms to all other provisions of this chapter and the Code of Ordinances, and subject to the following provisions.

The term of a temporary event permit for a carnival, circus, fair, or festival shall not exceed a maximum of seven (7) days.

Issuance of permits for a carnival, circus, fair or festival shall be limited to areas zoned for retail or commercial uses, or any church property.

Temporary event. Sporting events, philanthropic or religious events, community garage sales for charities, general community events and similar activities may be allowed provided the use conforms to all other provisions of this chapter and the Code of Ordinances. Parking lot sales may be allowed for the existing businesses holding a certificate of occupancy for the site.

Issuance of a permit for a temporary event pursuant to this paragraph shall be limited to areas zoned for retail or commercial uses, or any church property.

The term of a temporary use permit issued pursuant to this paragraph for a temporary event shall not exceed three (3) days.

Temporary food vendor. A mobile food unit, as defined in chapter 13, article VI of the Code of Ordinances may operate as a temporary food vendor as follows:

Mobile food units may be permitted to operate in association with temporary event permits issued for seasonal sales, Christmas tree sales, carnivals, circuses, fairs, festivals, or temporary events. The temporary food vendor information shall be submitted with the corresponding temporary event permit application and shall include a copy of any required health permits. A separate temporary event permit for the mobile food unit is not required if operating in conjunction with a permitted temporary event. The corresponding temporary event permit must be secured prior to the mobile food unit commencing the preparation or sale of any food on the property.

Mobile food units not operating in conjunction with a permitted temporary event shall be regulated in accordance with chapter 13, article VI of the Code of Ordinances.

Other temporary events. A temporary event permit may be granted for similar temporary uses not listed in this section upon approval of the city manager, provided the event conforms to all other provisions of this chapter and the Code of Ordinances.

Variance. A variance for the timeframe of operation may be approved by the city council for any of the temporary uses listed above or similar uses not listed. All of the surrounding property owners within two hundred (200) hundred feet shall be notified of the variance application and shall be given the opportunity to make their views known to the city council. If the variance is approved, a temporary event permit shall be issued for the duration of the event not to exceed the timeline approved by city council. The temporary event shall conform to all other provisions of this chapter and the Code of Ordinances.

(b)

Temporary buildings.

(1)

Application. Unless otherwise determined by the director, an application for a temporary building must be submitted with the following information:

A site plan of the property, as described in section 22-31A(1).

A description of the temporary building and any applicable engineering, building, plumbing, electrical and/or mechanical plans.

Additional requirements.

No temporary structure shall occupy any parking space required by this chapter or other ordinance.

All temporary lighting will require an electrical permit and an inspection by the city building inspector prior to the event. No lighting may flash, travel, blink, fade, move, or scroll.

Temporary restroom facilities shall be allowed with the approval of the property owner. The minimum number of restroom facilities as required by the current, adopted version of the International Building Code shall be provided.

No temporary structure shall locate in an approved landscape buffer or within the setbacks outlined in the zoning ordinance.

(2)

Types of temporary buildings.

Temporary construction office building. A temporary building may be used as a construction office if it is located within the same property, contains no living quarters, and provides for only uses incidental to construction on the premises. Such building shall be removed within ten (10) days following the final inspection of the construction permit by the city. Additional temporary construction office buildings and storage trailers may be allowed in nonresidential zoning districts with the approval of the director.

Temporary warehousing or storage structure. A temporary structure may be used as a warehousing or storage area if it is located within the same property, contains no living quarters, and provides for only uses incidental to construction on the premises or clean-up of premises after a fire, natural disaster, or similar event. Such structure shall be removed within ten (10) days following the final inspection of the construction activity by the city or the closure of the clean-up activities. Additional temporary structures may be allowed in nonresidential zoning areas with the approval of the director.

Temporary residential subdivision sales office. A temporary sales office may be located within an approved residential subdivision. This office should be used for display purposes in order to enhance the sales of residential structures within the subdivision. No more than one (1) sales office shall be allowed for any one (1) builder in any subdivision. Such temporary use shall be allowed for a period of one (1) year, with extensions of not more than six (6) months upon application and approval, provided the builder has unsold lots remaining in the subdivision and the office continues to be in use and properly maintained.

Church or school temporary accessory buildings. Temporary accessory buildings for church and public or private school use are subject to the following conditions:

Temporary accessory buildings for church, private or public-school use constructed of alternate exterior building materials are allowed by permit by the director for a maximum of twenty-four (24) months. Thereafter, the permit may be renewed by the city council on an annual basis for additional periods of twelve (12) months each if active preparation and/or efforts have or are being taken in completion of the development which necessitated the temporary accessory buildings.

The director may approve an alternate exterior building material if of noncombustible construction and in accordance with the city's building code and fire prevention code. Metal exterior walls shall be compatible in color with the principal building and existing surrounding structures. If the walls are metal, the use of corrugated panels is prohibited; profile panels, deep ribbed panels and concealed facing systems are permitted. Exterior finish for metal walls fronting or siding a public street shall be of a permanent material such as baked or enamel finish or painted to the wall manufacture standards. The use of galvanized, corrugated aluminum coated, zinc-aluminum coated, or unpainted exterior metal finish is prohibited.

The temporary accessory building shall be removed prior to the end of the period when such building is allowed under this section.

Not more than three (3) temporary accessory buildings shall be allowed on the same site, lot or tract of land for church or private school use.

Temporary accessory buildings shall not exceed eight hundred forty (840) square feet in size and one (1) story in height; except one thousand seven hundred ninety-two (1,792) square feet shall be allowed for public schools.

Temporary accessory buildings shall meet the area regulations of the zoning district in which located.

Temporary accessory buildings are not permitted without a main structure on the same site, lot or tract.

Each temporary accessory building shall be constructed in such a manner that it shall be portable, easily transportable, and capable of being moved. The director shall consider the nature of the use; existing uses in surrounding areas; noise, dust, light, and traffic generated by the proposed use; health and sanitary conditions; and compliance with other regulations within this chapter or the Code of Ordinances. The director shall have the right to revoke any temporary use permit at any time or to deny any extension upon finding that a hazard or nuisance shall exist by continuing such use; after which revocation or denial such temporary use shall immediately cease and shall be removed within ten (10) days of notification of such finding.

(Ord. No. O-10-16, 2-22-16; Ord. No. 2020-O-051, § 31A, 7-22-20)

Athens City Zoning Code

ARTICLE III

- ZONING DISTRICTS

Sec. 22-13. - Zoning districts established.

(a)

Abbreviated Designation	Zoning District Name
Base Districts
A	Agriculture
SF-15	Single-Family Residential-15 (minimum 15,000 square-foot lots)
SF-10	Single-Family Residential-10 (minimum 10,000 square-foot lots)
SF-7	Single-Family Residential-7 (minimum 7,000 square-foot lots)
SF-5	Single-Family Residential-5 (minimum 5,000 square-foot lots)
SF-PH	Single-Family Residential-Patio Home (zero-lot-line homes)
SF-CH55+	Single-Family Residential-Cottage Housing 55+ District
MF-2	Two-Family Residential (duplex homes)
SFA	Single-Family Attached Residential (townhomes)
MF-4	Multi-Family Residential-4 (triplex and quadriplex homes)
MF-5	Multi-Family Residential-5 (apartments)
MH	Manufactured Home
O	Office
R	Retail
CBD	Central Business District
C	Commercial
I	Industrial
Overlay Districts
PD	Planned Development
SUP	Specific Use Provision

(b)

A summary of the area regulations for the following zoning districts is included within the appendix (A-4).

(c)

Certain terms and definitions used within this chapter can be found in the appendix (A-3).

(Ord. No. O-21-09, 10-12-09)

Sec. 22-14. - A—Agriculture district.

(a)

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (Use Charts).

(2)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height:

Two (2) and one-half (½) stories, or thirty-five (35) feet for the main building/house.

Other (see section 22-37(e)).

(d)

Area regulations.

(1)

Size of lots:

Minimum lot area. One (1) acre (i.e., forty-three thousand five hundred sixty (43,560) square feet)

Minimum lot width. One hundred fifty (150) feet.

Minimum lot depth. Two hundred (200) feet.

(2)

Size of yards:

Minimum front yard. Thirty-five (35) feet.

Minimum rear yard. Twenty-five (25) feet for the main building.

(3)

Minimum floor area per dwelling unit. Eight hundred (800) square feet.

(4)

Maximum lot coverage for main and accessory buildings. Twenty (20) percent.

(e)

Special requirements.

(1)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(2)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of one (1) or more acres.

(3)

Open storage is prohibited (except for materials for the resident's personal use or consumption such as firewood, garden materials, etc.).

(4)

(5)

Site plan approval (see Section 12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the A district.

(6)

Other Regulations. As established in the Development Standards, Sections 33 through 41.

(7)

A Manufactured home, not more than five (5) years old shall be permitted providing the following conditions are met:

All other requirements of the district are met;

The unit is underpinned to a permanent foundation and the transportation wheels are removed;

A Specific Use Permit is approved;

The towing mechanism (i.e. tongue) is removed.

(Ord. No. O-19-17, 4-10-17; Ord. No. O-18-18, § 1, 4-23-18; Ord. No. O-32-19, §§ 14.2—14.5, 3-25-19; Ord. No. O-92-19, § 14.5, 8-26-19; Ord. No. 2023-O-050, § 1, 5-22-23)

Sec. 22-15. - SF-15—Single-family residential-15 district.

(a)

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (use charts).

(2)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height:

Two and one-half (2.5) stories, or thirty-five (35) feet for the main building/house.

Other (see section 22-37(e)).

(d)

Area regulations.

(1)

Size of lots:

Minimum lot area. Fifteen thousand (15,000) square feet.

Minimum lot width. One hundred (100) feet.

Minimum lot depth. One hundred twenty-five (125) feet.

(2)

Size of yards:

Minimum front yard. Thirty-five (35) feet.

Minimum rear yard. Twenty-five (25) feet for the main building.

(3)

Minimum floor area per dwelling unit. Eight hundred (800) square feet.

(4)

Maximum lot coverage for main and accessory buildings. Sixty (60) percent.

(e)

Special requirements.

(1)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(2)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of one or more acres.

(3)

Open storage is prohibited (except for materials for the resident's personal use or consumption such as firewood, gardening materials, etc.).

(4)

(5)

Site plan approval (see section 22-12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the SF-15 district.

(6)

Other regulations: As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-18-18, § 1, 4-23-18; Ord. No. O-32-19, §§ 15.3—15.5, 3-25-19)

Sec. 22-16. - SF-10—Single-family residential-10 district.

(a)

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (use charts).

(2)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height:

Two and one-half (2.5) stories, or thirty-five (35) feet for the main building/house.

Other (see section 22-37(e)).

(d)

Area regulations.

(1)

Size of lots:

Minimum lot area. Ten thousand (10,000) square feet.

Minimum lot width. Seventy (70) feet.

Minimum lot depth. One hundred ten (110) feet.

(2)

Size of yards:

Minimum front yard. Thirty (30) feet.

Minimum rear yard. Twenty-five (25) feet for the main building.

(3)

Minimum floor area per dwelling unit. Eight hundred (800) square feet.

(4)

Maximum lot coverage for main and accessory buildings. Sixty (60) percent.

(e)

Special requirements.

(1)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(2)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of one or more acres.

(3)

Open storage is prohibited (except for materials for the resident's personal use or consumption such as firewood, gardening materials, etc.).

(4)

(5)

Site plan approval (see section 22-12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the SF-10 district.

(6)

Other regulations: As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-18-18, § 1, 4-23-18; Ord. No. O-32-19, §§ 16.3—16.5, 3-25-19)

Sec. 22-17. - SF-7—Single-family residential-7 district.

(a)

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (use charts).

(2)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum Height:

Two and one-half (2.5) stories, or thirty-five (35) feet for the main building/house.

Other (see section 22-37(e)).

(d)

Area regulations.

(1)

Size of lots:

Minimum lot area. Seven thousand (7,000) square feet.

Minimum lot width. Sixty (60) feet.

Minimum lot depth. One hundred ten (110) feet.

(2)

Size of yards:

Minimum front yard. Twenty-five (25) feet.

Minimum rear yard. Twenty-five (25) feet for the main building.

(3)

Minimum floor area per dwelling unit. Eight hundred (800) square feet.

(4)

Maximum lot coverage for main and accessory buildings. Sixty (60) percent.

(e)

Special requirements.:

(1)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(2)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of one or more acres.

(3)

Open storage is prohibited (except for materials for the resident's personal use or consumption such as firewood, gardening materials, etc.).

(4)

(5)

Site plan approval (see section 22-12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the SF-7 district.

(6)

A Manufactured home, not more than five (5) years old shall be permitted providing the following conditions are met:

All other requirements of the district are met;

The unit is underpinned to a permanent foundation and the transportation wheels are removed;

A Specific Use Permit is approved; and

The towing mechanism (i.e. tongue) is removed.

(7)

Other regulations. As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-65-15, 9-14-15; Ord. No. O-18-18, § 1, 4-23-18; Ord. No. O-32-19, §§ 17.3—17.5, 3-25-19; Ord. No. O-92-19, § 17.5, 8-26-19; Ord. No. 2023-O-050, § 1, 5-22-23)

Sec. 22-18. - SF-5—Single-family residential-5 district.

(a)

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (use charts).

(2)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height:

Two and one-half (2.5) stories, or thirty-five (35) feet for the main building/house.

Other (see section 22-37(e)).

(d)

Area regulations.

(1)

Size of lots:

Minimum lot area. Five thousand (5,000) square feet.

Minimum lot width. Fifty (50) feet.

Minimum lot depth. One hundred (100) feet.

(2)

Size of yards:

Minimum front yard. Twenty-five (25) feet.

Minimum rear yard. Twenty-five (25) feet for the main building.

(3)

Minimum floor area per dwelling unit. Eight hundred (800) square feet.

(4)

Maximum lot coverage for main and accessory buildings. Sixty (60) percent.

(e)

Special requirements.

(1)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(2)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of one or more acres.

(3)

Open storage is prohibited (except for materials for the resident's personal use or consumption such as firewood, gardening materials, etc.).

(4)

(5)

Site plan approval (see section 22-12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the SF-5 district.

(6)

A Manufactured home, not more than five (5) years old shall be permitted providing the following conditions are met:

All other requirements of the district are met;

The unit is underpinned to a permanent foundation and the transportation wheels are removed;

A Specific Use Permit is approved; and

The towing mechanism (i.e. tongue) is removed.

(7)

Other regulations. As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-65-15, 9-14-15; Ord. No. O-18-18, § 1, 4-23-18; Ord. No. O-32-19, §§ 18.3—18.5, 3-25-19; Ord. No. O-92-19, § 18.5, 8-26-19; Ord. No. 2023-O-050, § 1, 5-22-23)

Sec. 22-19. - SF-PH—Single-family residential-patio home district (zero-lot-line homes).

(a)

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (use charts).

(2)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height:

Two and one-half (2.5) stories, or thirty-five (35) feet for the main building/house.

Other (see section 22-37(e)).

(d)

Area regulations.

(1)

Size of lots:

Minimum lot area. Four thousand five hundred (4,500) square feet.

Minimum lot width. Forty (40) feet.

Minimum lot depth. One hundred ten (110) feet.

(2)

Size of yards:

Minimum front yard. Twenty-five (25) feet.

Minimum side yard. One (1) side yard reduced to zero feet; other side yard a minimum of ten (10) feet required with fifteen (15) feet required on corner lots adjacent to a street.

Minimum rear yard. twenty-five (25) feet for the main building.

(3)

Minimum floor area per dwelling unit. Eight hundred (800) square feet.

(e)

Special requirements.

(1)

(2)

Maintenance requirements for common areas. A property owners association is required for continued maintenance of common land and/or facilities.

(3)

The elimination of a garage space by enclosing the garage with a stationary building wall shall be prohibited.

(4)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(5)

Open storage is prohibited (except for materials for the resident's personal use or consumption such as firewood, gardening materials, etc.).

(6)

(7)

Site plan approval (see section 22-12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the SF-PH district.

(8)

Other regulations. As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-32-19, §§ 19.3—19.5, 3-25-19)

Sec. 22-19A - SF-CH55+—Single-family residential-cottage housing 55+ district.

(a)

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (use charts).

(2)

Cottage housing building, with one (1) dwelling unit.

(3)

Residential sales centre.

(4)

Accessory buildings and uses, including, but not limited to:

Club house.

Mail room.

Gazebo.

(5)

Cottage housing building, with single-family dwelling units.

(6)

Home occupations.

(7)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height. Twenty-eight (28) feet for all buildings.

(d)

Area regulations.

(1)

Size of lots:

Minimum lot area. One thousand five hundred ninety-eight (1,598) square feet.

Minimum lot width. Thirty-four (34) feet.

Minimum lot depth. Forty-seven (47) feet.

(2)

Size of yards:

Minimum front yard. Five (5) feet.

Minimum side yard. Five (5) feet.

Minimum rear yard. Five (5) feet.

(3)

Floor area per dwelling unit:

Minimum floor area. Four hundred forty (440) square feet.

Maximum floor area. One thousand four hundred (1,400) square feet.

(Total floor area is the area included with the surrounding exterior walls.)

(e)

Special requirements.

(1)

(2)

Floor area or cottage area that is not included in the calculation of total floor area:

Unheated storage space located under the main floor of the cottage.

Architectural projections, such as bay windows, fireplaces or utility closets no greater than eighteen (18) inches in depth or six (6) feet in width.

Attached roof porches.

Garages, carports or storage lockers.

(3)

Site coverage. The maximum site coverage permitted for all buildings shall not exceed fifty (50) percent of lot area.

(4)

Porches:

Dwelling units shall be oriented around, and have the covered-porches of the main entry facing towards the common open space.

Dwelling units shall have a covered porch or entry at least sixty (60) square feet in size with a minimum dimension of six (6) feet on any one (1) side.

(5)

Open space, may include side porches:

A minimum of two hundred (200) square feet of open space shall be provided per dwelling unit. Open space with a dimension of less than twenty (20) feet shall not be included in this calculation.

(6)

Required yard setbacks, excluding steps or ramps:

Eaves may extend up to two (2) feet into the minimum requirements noted in section 22-19A(d)(2).

(7)

Fences:

Fences on the interior of a cottage dwelling development (e.g. adjacent to the common open space) shall have a maximum height of three (3) feet.

Chain link fence is prohibited.

(8)

Parking:

A minimum of two (2) parking stalls shall be provided for each dwelling unit. For the purposes of this district, one (1) parking stall may include a parking space inside of a garage or carport.

Parking shall be separated from the central common area by landscaping and/or architectural screen.

(9)

Other development regulations:

A dwelling unit in a cottage housing building must not be located above any portion of another dwelling unit.

HUD-Code homes are prohibited.

(Ord. No. O-21-09, 10-12-09; Ord. No. O-32-19, §§ 19A.5, 3-25-19)

Sec. 22-20. - MF-2—Two-family residential district (duplex).

(a)

(b)

Permitted uses:

(1)

Those uses specified in section 22-32 (use charts).

(2)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height

Two and one-half (2.5) stories, or thirty-five (35) feet for the main building/house.

Other (see section 22-37(e)).

(d)

Area regulations.

(1)

Size of lots for two-family/duplex homes:

Minimum lot area. Six thousand (6,000) square feet per duplex lot (i.e., three thousand (3,000) square feet of lot area per dwelling unit).

Minimum lot width. Sixty (60) feet for each duplex lot (i.e., thirty (30) feet of lot width per dwelling unit).

Minimum lot depth. One hundred (100) feet.

(2)

Size of lots for single-family detached homes:

Minimum lot area. Six thousand (6,000) square feet.

Minimum lot width. Sixty (60) feet.

Minimum lot depth. One hundred (100) feet.

(3)

Size of yards:

Minimum front yard. Twenty-five (25) feet.

Minimum rear yard. Twenty-five (25) feet for the main building.

(4)

Minimum floor area per dwelling unit:

Two-family/duplex homes or single-family detached homes. Eight hundred (800) square feet.

(e)

Special requirements.

(1)

Single-family lots and detached dwellings constructed in this district shall conform to the standards as set forth in the SF-7 zoning district (except as provided in Section 22-20(d)(2) above).

(2)

Recreational vehicles, travel trailers, or motor homes may not be used for on-site dwelling purposes.

(3)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of one or more acres.

(4)

Open storage is prohibited (except for materials for the resident's personal use or consumption such as firewood, gardening materials, etc.).

(5)

(6)

Site plan approval (see section 22-12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the MF-2 district.

(7)

Other regulations. As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-52-16, 10-10-16; Ord. No. O-32-19, §§ 20.3—20.4, 3-25-19)

Sec. 22-21. - SFA—Single-family attached residential district (townhouse).

(a)

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (use charts).

(2)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height:

Two and one-half (2.5) stories, or thirty-five (35) feet for the main building/house.

Other (see section 22-37(e)).

(d)

Area regulations.

(1)

Size of lots:

Minimum lot area. Three thousand (3,000) square feet.

Minimum lot width. Thirty (30) feet.

Minimum lot depth. One hundred (100) feet.

(2)

Size of yards:

Minimum front yard. Twenty-five (25) feet.

Minimum side yard:

Minimum rear yard. Twenty-five (25) feet for the main building.

(3)

Minimum floor area per dwelling unit. Eight hundred (800) square feet.

(4)

Maintenance requirements for common areas. A property owners association is required for continued maintenance of common land and/or facilities.

(5)

All utilities shall be provided separately to each lot within an SFA district so that each unit is individually metered.

(6)

Each attached dwelling unit within the SFA district shall be rear entry only from an alley or an approved fire lane.

(7)

(8)

(e)

Special requirements.

(1)

The elimination of a garage space by enclosing the garage with a stationary building wall shall be prohibited.

(2)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(3)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of one or more acres.

(4)

Open storage is prohibited (except for materials for the resident's personal use or consumption such as firewood, gardening materials, etc.).

(5)

(6)

Site plan approval (see section 22-12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the SFA district.

(7)

Other regulations. As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-32-19, §§ 21.3—21.5, 3-25-19)

Sec. 22-22. - MF-4—Multi-family residential-4 district (triplex/quadriplex).

(a)

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (use charts).

(2)

Multi-family dwelling greater than two (2) units per building, but not more than four (4) units per building.

(3)

Common open space, community center, recreational building, and other facilities or amenities, provided they are for use by the residents and guests of the multi-family complex.

(4)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height:

Two and one-half (2.5) stories or thirty-five (35) feet for the main building(s).

Other (see section 22-37(e)).

(d)

Area regulations.

(1)

Size of lots:

Minimum lot width. Eighty (80) feet.

Minimum lot depth. One hundred (100) feet.

Maximum number of units. No more than four (4) units per structure.

(2)

Size of yards:

Minimum front yard. Twenty-five (25) feet. All areas adjacent to a street shall be deemed front yards.

Minimum side yard. Fifteen (15) feet.

Minimum rear yard. Twenty-five (25) feet.

Building separation:

One (1) story buildings - fifteen (15) feet, for buildings with or without openings.

Two (2) story buildings (or a two-story building adjacent to a one-story building) - twenty (20) feet, for buildings with or without openings.

(3)

Minimum floor area per dwelling unit:

Efficiency unit. Five hundred fifty (550) square feet per unit.

One-bedroom unit. Six hundred (600) square feet per unit.

(e)

Refuse facilities.

(1)

(2)

(f)

Special requirements.

(1)

Single-family or duplex units constructed in this district shall conform to SF-5 and MF-2 district standards, respectively.

(2)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(3)

Open storage is prohibited.

(4)

The front door of each dwelling unit shall be no more than one hundred fifty (150) feet from a fire lane (measured by an unobstructed pathway, or route, for fire hoses).

(5)

A paved walkway shall connect the front door of each ground floor unit to a parking area.

(6)

Buildings shall not exceed two hundred (200) feet in length.

(7)

(8)

(9)

All parking areas shall have appropriate lighting and shall be positioned such that no light adversely impacts adjacent residential areas.

(10)

(11)

Other regulations. As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-32-19, § 22.3, 3-25-19)

Sec. 22-23. - MF-5—Multi-family residential-5 district (apartments).

(a)

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (use charts).

(2)

Multi-family dwellings that are typically greater than four (4) units per building.

(3)

Common open space, community center, recreational building, and other facilities or amenities, provided they are for use by the residents and guests of the multi-family complex.

(4)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height:

Three (3) stories or forty-five (45) feet for the main building(s).

Other (see section 22-37(e)).

(d)

Area regulations.

(1)

Size of lots:

Minimum lot width. One hundred (100) feet.

Minimum lot depth. One hundred fifty (150) feet.

(2)

Size of yards:

Minimum front yard. Thirty (30) feet. All areas adjacent to a street shall be deemed front yards.

Minimum side yard. Fifteen (15) feet; sixty (60) feet when building is in excess of One (1) story in height and adjacent to a single-family zoning district.

Minimum rear yard. Twenty-five (25) feet; eighty (80) feet when the building is in excess of One (1) story and adjacent to a single-family zoning district.

Building separation:

One-story buildings - fifteen (15) feet, for buildings with or without openings.

Two-story buildings (or a two-story building adjacent to a one-story building) - twenty (20) feet, for buildings with or without openings.

Three-story buildings (or a three-story building adjacent to a one- or two-story building) - twenty-five (25) feet, for buildings with or without openings.

(3)

Minimum floor area per dwelling unit:

Efficiency unit - five hundred fifty (550) square feet per unit.

One-bedroom unit - six hundred (600) square feet per unit.

(e)

Refuse facilities.

(1)

(2)

(f)

Special requirements.

(1)

Single-family or duplex units constructed in this district shall conform to SF-5 and MF-2 district standards, respectively.

(2)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(3)

Open storage is prohibited.

(4)

The front door of each dwelling unit shall be no more than one hundred fifty (150) feet from a fire lane (measured by an unobstructed pathway, or route, for fire hoses).

(5)

A paved walkway shall connect the front door of each ground floor unit to a parking area.

(6)

Buildings shall not exceed two hundred (200) feet in length.

(7)

(8)

(9)

All parking areas shall have appropriate lighting and shall be positioned such that no light adversely impacts adjacent residential areas.

(10)

(11)

Other regulations. As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-32-19, § 23.3, 3-25-19)

Sec. 22-24. - MH—Manufactured home district.

(a)

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (use charts).

(2)

Individually owned HUD-code manufactured homes on lots in platted manufactured/mobile home subdivisions.

(3)

(4)

Industrialized housing.

(5)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Area regulations.

(1)

Size of yards (for each space within manufactured/mobile home park or subdivision):

Minimum front yard. Twenty-five (25) feet from a dedicated street; fifteen (15) feet from any private street or drive.

Minimum side yard. Ten (10) feet; twenty (20) feet between units; twenty-five (25) feet from any zoning district boundary line.

Minimum rear yard. Ten (10) feet; twenty-five (25) feet from any zoning district boundary line.

(2)

Size of lot:

Minimum lot area. Five thousand (5,000) square feet per unit.

Minimum lot width. Fifty (50) feet.

Minimum lot depth. One hundred (100) feet.

(3)

Minimum floor area per dwelling unit: Eight hundred (800) square feet.

(4)

Area for manufactured home park. Minimum, three (3) acres; maximum, thirty-five (35) acres. The total lot area shall equal at least five thousand (5,000) square feet for each unit within the park.

(5)

Maximum height limit:

Two and one-half (2.5) stories, or thirty-five (35) feet for the main building/house.

Other (see section 22-37(e)).

(d)

Special requirements for manufactured/mobile home parks.

(1)

(2)

Walkways. Designated concrete walkways four (4) feet in width will be provided on both sides of roadways or streets.

(3)

(4)

(5)

(6)

Street lighting. Street lighting within the manufactured/mobile home park shall be provided and maintained by the owners of the manufactured/mobile home park.

(7)

Electric and telephone service. All electrical distribution lines and all telephone lines shall be underground except the primary service lines to the park.

(8)

(9)

Fire fighting:

Approaches to all manufactured/mobile homes shall be kept clear for fire fighting.

The owner or agent of a manufactured/mobile home park shall be responsible for maintaining the entire area of the park free of dry brush, leaves and weeds in excess of twelve (12) inches in height.

(10)

(11)

(12)

Skirting:

(13)

Adequate public facilities:

All materials used for sewer connections shall conform to City of Athens' engineering specifications.

(e)

Special requirements.

(1)

(2)

Open storage is prohibited.

(3)

(4)

Site plan approval (see section 22-12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the MH district.

(5)

Management responsibilities:

The park management shall notify park occupants of all applicable provisions of this chapter, and shall inform them of their duties and responsibilities under this chapter.

The park management shall supervise the placement of each mobile home on its mobile home lot, including securing its stability and installing all utility connections.

The park management shall maintain a register containing the following information:

Name and address of each occupant;

The make, model, year, name of owner, license number, and state issuing such license of all automobiles, vehicles, mobile homes and travel trailers; and

The date of arrival and date of departure of each mobile home or travel trailer.

The park management shall notify the health authority immediately of any suspected communicable or contagious disease within the park.

(6)

Other regulations. As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-32-19, § 24.3, 3-25-19)

Sec. 22-25. - O—Office district.

(a)

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (use charts).

(2)

Accessory uses to the main use.

(3)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height (see also subsection 22-25(d)(2)d. below):

Two stories or thirty-five (35) feet for the main building(s).

Other (see section 22-37(e)).

(d)

Area regulations.

(1)

Size of lots:

Minimum lot size. Seven thousand (7,000) square feet.

Minimum lot width. Seventy (70) feet.

Minimum lot depth. One hundred (100) feet.

(2)

Size of yards:

Minimum front yard. Twenty-five (25) feet; all yards adjacent to a street shall be considered a front yard.

Minimum side yard. Ten (10) feet; twenty-five (25) feet adjacent to a public street or residential lot.

Minimum rear yard. Ten (10) feet.

(e)

Special district requirements.

(1)

Open storage is prohibited.

(2)

(3)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling or nonresidential purposes.

(4)

Other regulations. As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-08-03, 3-24-03; Ord. No. O-32-19, § 25.3, 3-25-19)

Sec. 22-26. - R—Retail district.

(a)

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (use charts).

(2)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height (see also subsection 22-26(d)(2)e. below):

Two stories or thirty-five (35) feet for the main building(s).

Other (see section 22-37(e)).

(d)

Area regulations.

(1)

Size of lot:

Minimum lot area. Ten thousand (10,000) square feet.

Minimum lot width. Seventy (70) feet.

Minimum lot depth. One hundred (100) feet.

(2)

Size of yards:

Minimum front yard. Twenty-five (25) feet; all yards adjacent to a street shall be considered a front yard.

Minimum side yard. Ten (10) feet; twenty-five (25) feet adjacent to a public street or residential lot.

Minimum rear yard. Ten (10) feet.

(e)

Special requirements.

(1)

(2)

(3)

Outside display of merchandise and/or seasonal items (e.g., Christmas trees, pumpkins, etc.) shall be limited to the following:

Shall be placed/located on the same lot as the primary use.

Shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way.

Shall not extend into public right-of-way or onto adjacent property.

All outside display items shall be removed at the end of business each day (except for items that are seasonal in nature).

All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.

Exceptions to the above restrictions on outside display of merchandise:

(4)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling or nonresidential purposes.

(5)

Other regulations. As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-08-03, 3-24-03; Ord. No. O-32-19, § 26.3, 3-25-19)

Sec. 22-27. - CBD—Central business district.

(a)

(b)

Permitted uses.

(1)

Uses permitted in the CBD district are outlined in section 22-32 (use charts).

(2)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Area regulations.

(1)

Size of yards:

Minimum front yard. none specified.

Minimum side yard. none specified.

Minimum rear yard. none specified.

(2)

Size of lot:

Minimum lot area. none specified.

Minimum lot width. none specified.

Minimum lot depth. none specified.

(3)

Height regulations:

Maximum height:

Two stories or thirty-five (35) feet for the main building.

Other (see section 22-37(e)).

(4)

Maximum lot coverage. none specified.

(5)

Parking regulations. none specified.

(d)

Special requirements.

(1)

(2)

(3)

Design standards for the CBD district:

Applicability. These standards shall apply to:

New nonresidential and residential construction on an undeveloped site.

Any addition, expansion or renovation to a building on a developed site.

New construction or renovation to a building for combined commercial and residential use.

All new construction, whether a new building or an addition, expansion or renovation to a building on a developed site shall respect existing building heights, offsets and other design elements.

Exterior wall materials.

Each exterior elevation shall consist of eighty (80) percent masonry, excluding doors and windows.

Wood or simulated wood products shall be used for window and door frames.

The adding of false fronts or mansard roofs that cover or obscure the original facade is prohibited.

Non-original siding materials and false fronts shall be removed.

Facade articulation.

Storefront doors and windows shall be consistent in height.

It is prohibited to reduce the size, block or fill in the original opening on any existing buildings.

The use of solid doors, glass block, or tinted opaque or mirrored glass is prohibited.

Colors and finishes.

Primary building colors shall be muted earth tones.

Contrasting colors shall be used for building accent such as trim, railings and entries.

The use of primary colors is prohibited.

Windows.

The first floor of retail/business buildings shall have large display windows with transoms when interior ceiling height allows.

Multi-story buildings shall have vertically oriented windows on the upper floors.

Upper level windows shall have masonry window ledges.

It is prohibited to cover up or fill in upper story windows in existing buildings.

If windows are replaced, they shall have wooden or simulated wood material frames, be of the same size, style, and have the same number and configuration of window panes as the original.

The use of security grills are prohibited on store front windows.

Windows shall not be installed flush to the outside wall.

Windows shall not have plywood or cardboard over them, except when windows have been broken or cracked and owner/tenant is awaiting installation of replacement glass.

Roofs.

Roof lines shall be varied for visual interest.

Roof lines running in a continuous plane more than forty (40) feet are prohibited.

Detailed cornices, friezes and parapet walls shall be required for flat roofs.

All rooftop equipment shall be screened from view.

Awnings.

Awning shall not obscure piers, columns or decorative features.

Awning shall be a minimum of eight (8) feet and a maximum of twelve (12) feet above the sidewalk and no awning shall extend more than five (5) feet outward from the building face/surface.

Color of awning must complement the building.

Awning shall be constructed of woven cloth or linen fabric. Signs on awnings are limited to the valance or small logos on the awning itself.

Bubble awnings, exaggerate-shaped awnings, elongated bull nose entrance canopies/awning or awning/canopies supported from the sidewalk are prohibited.

The use of metal, vinyl or rubber awnings is prohibited.

Canopies.

Canopies shall not obscure piers, columns or decorative features.

Canopies shall be a minimum of eight (8) feet and a maximum of twelve (12) feet above the sidewalk and no canopy shall extend more than five (5) feet outward from the building face/surface.

Color of canopy must complement the building.

Canopies may be constructed of wood or metal. Signs on canopies are limited to the valance or small logos on the canopy itself.

Canopies constructed of wood must be painted or stained to protect material from elements and shall be properly maintained.

(4)

Signs. Signs shall be in conformance with section 22-41(f)(13) of City of Athens Zoning Ordinance No. O-12-01.

(5)

Outdoor lighting.

All outdoor lighting shall be designed, installed and maintained so as not to overflow onto adjacent properties.

Light standards and exterior fixtures shall be comparable to others in the CBD district in design, height and light projection.

(6)

Utilities.

(7)

Landscaping.

The owner/tenant shall be responsible for care and upkeep of the planting vessel. The owner/tenant shall keep seasonal flowers and/or shrubs in the vessel, planting a minimum of twice per year.

(8)

Loading and deliveries. Whenever possible, all deliveries and loading shall be done on the rear of the property.

(9)

Refuse containers.

Whenever possible, all refuse containers shall be located at the rear of the property.

Whenever possible, the use of communal dumpsters is encouraged.

(10)

Outdoor uses.

No outdoor storage, repair or assembly of goods shall be permitted in the CBD district.

Outside display of merchandise and/or seasonal items (e.g., Christmas trees, pumpkins, etc.) shall be limited to the following:

Shall not be placed/located more than five (5) feet from the main building.

Shall not occupy any on-street or off-street parking spaces.

Shall only be located in front of the property/business which is selling the item(s).

All outside display items shall be removed at the end of business each day (except for large seasonal items such as Christmas trees).

All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.

(11)

Outdoor dining. The limited use of public sidewalk for restaurant seating may be permitted, providing that at least five (5) feet of sidewalk remains available for pedestrian use.

(12)

(13)

Maintenance and repair. All structures, parking, landscaping and areas of refuse shall be maintained and repaired in a timely manner.

(14)

Other regulations. As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-30-11, 10-10-11; Ord. No. O-32-19, § 27.3, 3-25-19)

Sec. 22-28. - C—Commercial district.

(a)

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (use charts).

(2)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height:

Three (3) stories or forty-five (45) feet for the main building.

Other (see section 22-37(e)).

(d)

Area regulations.

(1)

Size of lot:

Minimum lot area. Ten thousand (10,000) square feet.

Minimum lot width. Seventy (70) feet.

Minimum lot depth. One hundred (100) feet.

(2)

Size of yards:

Minimum front yard. Twenty-five (25) feet; all yards adjacent to a street shall be considered a front yard.

Minimum side yard. Ten (10) feet; twenty-five (25) feet adjacent to a public street or residential lot.

Minimum rear yard. Ten (10) feet.

(e)

Special requirements:

(1)

(2)

(3)

Outside display of merchandise and/or seasonal items (e.g., Christmas trees, pumpkins, etc.) shall be limited to the following:

Shall be placed/located on the same lot as the primary use.

Shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way.

Shall not extend into public right-of-way or onto adjacent property.

All outside display items shall be removed at the end of business each day (except for items that are seasonal in nature).

All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.

Exceptions to the above restrictions on outside display of merchandise:

(4)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling or nonresidential purposes.

(5)

No permanent use of temporary buildings.

(6)

Other regulations. As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-08-03, 3-24-03; Ord. No. O-32-19, § 28.3, 3-25-19)

Sec. 22-29. - I—Industrial district.

(a)

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (use charts).

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height:

Other (see section 22-37(e))

(d)

Area regulations.

(1)

Size of lot:

Minimum lot area. 20,000 square feet.

Minimum lot width. One hundred (100) feet.

Minimum lot depth. 200 feet.

(2)

Size of yards:

Minimum front yard. Twenty-five (25) feet; all yards adjacent to a street shall be considered a front yard.

Minimum side yard. Twenty-five (25) feet.

Minimum rear yard. Twenty-five (25) feet.

(e)

Special requirements.

(1)

(2)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling or nonresidential purposes.

(3)

No permanent use of temporary buildings.

(4)

Other regulations: As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-32-19, § 29.3, 3-25-19; Ord. No. 2023-O-025, § 1, 3-27-23)

Sec. 22-30. - PD—Planned development overlay district.

(a)

General purpose and description.

(1)

(2)

(b)

Permitted uses.

(1)

(2)

(c)

Planned development requirements.

(1)

(2)

(3)

(4)

The minimum acreage for a planned development request shall be one (1) acre.

(d)

(1)

(2)

For any single- or two-family residential district (A, SF-15, SF-10, SF-7, SF-5, SF-PH, MF-2 or SFA), a preliminary plat shall qualify as the detailed site plan (development plan).

(3)

(e)

Approval process and procedure.

(1)

(2)

(f)

(g)

Prior planned development ordinances remaining in effect.

(1)

(2)

(Ord. No. O-40-17, 10-19-17)

Sec. 22-31. - SUP—Specific use provisions.

(a)

(b)

Specific use provision regulations.

(1)

The use is harmonious and compatible with surrounding existing uses or proposed uses;

The activities requested by the applicant are normally associated with the permitted uses in the base district;

The nature of the use is reasonable;

Any negative impact on the surrounding area has been mitigated; and/or

That any additional conditions specified ensure that the intent of the district purposes are being upheld.

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(c)

Use regulations. Uses allowed by SUP are specified in section 22-32 (use charts).

(d)

(e)

Exceptions. In the PD-2 agriculture zoning district — See section 22-30(d)(2)b. (planned developments).

(Ord. No. 2021-O-151, § 1, 11-29-21)

Sec. 22-31A. - Temporary use permit.

(a)

Temporary events.

(1)

(2)

Application.

Unless otherwise determined by the director, an application for a temporary event permit must be submitted with the following information:

A written letter of approval from the property owner indicating the applicant has the right to use such property for the temporary use described in the application.

A site plan of the property showing:

(i)

Property boundaries.

(ii)

Building footprint of permanent structures and paved parking lot, if applicable.

(iii)

Location of all fire lanes, driveways, sidewalks and/or alleys.

(iv)

Location of merchandise, display areas, and temporary structures including tents, canopies or shelters.

(v)

Fire rating documentation for any temporary tent, canopy or shelter to be used during the event.

(vi)

The number of displaced parking spaces, if any, and the number of remaining parking spaces.

(vii)

Location of temporary lighting or security lighting, if any.

(viii)

Size and location of any temporary signage, pennants, or banners.

(ix)

Location of restrooms that will be available for use by the public during the event for which the permit is to be issued.

(x)

A description of the temporary event activities, requested days, and hours of operation.

(xi)

Contact information for the applicant and/or organization operating the event and contact information for a representative that will be on site during the event.

(xii)

Information regarding any temporary mobile food vendors, and/or any food or drink preparation, sales or sampling that may be on site in conjunction with the event.

Charitable, religious, educational, public service, and/or civic organizations are exempt from all fees to be collected pursuant to this section.

Additional requirements.

No parking space required by this chapter or other ordinance shall be used for a temporary event permit.

All temporary lighting will require an electrical permit and an inspection by the city building inspector prior to the event. No lighting may flash, travel, blink, fade, move, or scroll.

No event receiving a temporary use permit shall locate in an approved landscape buffer or within the setbacks required in the zoning ordinance.

(3)

Decommission or removal. The site shall be vacated completely and cleaned at the end of the event and prior to the issuance of new temporary use permits for the same property.

(4)

Types of temporary events.

Issuance of permits for temporary outdoor sales of seasonal products shall be limited to areas zoned for retail or commercial uses.

This section does not apply to temporary outdoor services such as mobile blood banks, mammography screening, eye screening, or similar medical services for humans.

An application for a temporary event shall also include a true copy of the sales tax permit which designates the city as point of sale.

Temporary sales of fruits and vegetables for off-premises consumption shall be allowed; however, the products must remain whole, and not be cut or opened in any manner.

All farmers markets shall be authorized by the city council. Council approval shall address the location, schedule and duration of the market.

Christmas tree sales. Temporary sales of Christmas trees may be allowed during the normal and generally accepted season, and subject to the following provisions:

Issuance of permits for temporary outdoor sales of Christmas trees shall be limited to areas zoned for retail or commercial uses, or any church property.

Sales may not begin prior to November 15.

Sale site must be cleaned and vacated by January 1.

The application for a temporary use permit shall also include a true copy of the sales tax permit which designates the city as point of sale.

The term of a temporary event permit for a carnival, circus, fair, or festival shall not exceed a maximum of seven (7) days.

Issuance of permits for a carnival, circus, fair or festival shall be limited to areas zoned for retail or commercial uses, or any church property.

Issuance of a permit for a temporary event pursuant to this paragraph shall be limited to areas zoned for retail or commercial uses, or any church property.

The term of a temporary use permit issued pursuant to this paragraph for a temporary event shall not exceed three (3) days.

Temporary food vendor. A mobile food unit, as defined in chapter 13, article VI of the Code of Ordinances may operate as a temporary food vendor as follows:

Mobile food units not operating in conjunction with a permitted temporary event shall be regulated in accordance with chapter 13, article VI of the Code of Ordinances.

(b)

Temporary buildings.

(1)

Application. Unless otherwise determined by the director, an application for a temporary building must be submitted with the following information:

A site plan of the property, as described in section 22-31A(1).

A description of the temporary building and any applicable engineering, building, plumbing, electrical and/or mechanical plans.

Additional requirements.

No temporary structure shall occupy any parking space required by this chapter or other ordinance.

All temporary lighting will require an electrical permit and an inspection by the city building inspector prior to the event. No lighting may flash, travel, blink, fade, move, or scroll.

No temporary structure shall locate in an approved landscape buffer or within the setbacks outlined in the zoning ordinance.

(2)

Types of temporary buildings.

Church or school temporary accessory buildings. Temporary accessory buildings for church and public or private school use are subject to the following conditions:

The temporary accessory building shall be removed prior to the end of the period when such building is allowed under this section.

Not more than three (3) temporary accessory buildings shall be allowed on the same site, lot or tract of land for church or private school use.

Temporary accessory buildings shall meet the area regulations of the zoning district in which located.

Temporary accessory buildings are not permitted without a main structure on the same site, lot or tract.

(Ord. No. O-10-16, 2-22-16; Ord. No. 2020-O-051, § 31A, 7-22-20)

Athens City Zoning Code

ARTICLE III

- ZONING DISTRICTS

Sec. 22-13. - Zoning districts established.

(a)

Abbreviated Designation	Zoning District Name
Base Districts
A	Agriculture
SF-15	Single-Family Residential-15 (minimum 15,000 square-foot lots)
SF-10	Single-Family Residential-10 (minimum 10,000 square-foot lots)
SF-7	Single-Family Residential-7 (minimum 7,000 square-foot lots)
SF-5	Single-Family Residential-5 (minimum 5,000 square-foot lots)
SF-PH	Single-Family Residential-Patio Home (zero-lot-line homes)
SF-CH55+	Single-Family Residential-Cottage Housing 55+ District
MF-2	Two-Family Residential (duplex homes)
SFA	Single-Family Attached Residential (townhomes)
MF-4	Multi-Family Residential-4 (triplex and quadriplex homes)
MF-5	Multi-Family Residential-5 (apartments)
MH	Manufactured Home
O	Office
R	Retail
CBD	Central Business District
C	Commercial
I	Industrial
Overlay Districts
PD	Planned Development
SUP	Specific Use Provision

(b)

A summary of the area regulations for the following zoning districts is included within the appendix (A-4).

(c)

Certain terms and definitions used within this chapter can be found in the appendix (A-3).

(Ord. No. O-21-09, 10-12-09)

Sec. 22-14. - A—Agriculture district.

(a)

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (Use Charts).

(2)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height:

Two (2) and one-half (½) stories, or thirty-five (35) feet for the main building/house.

Other (see section 22-37(e)).

(d)

Area regulations.

(1)

Size of lots:

Minimum lot area. One (1) acre (i.e., forty-three thousand five hundred sixty (43,560) square feet)

Minimum lot width. One hundred fifty (150) feet.

Minimum lot depth. Two hundred (200) feet.

(2)

Size of yards:

Minimum front yard. Thirty-five (35) feet.

Minimum rear yard. Twenty-five (25) feet for the main building.

(3)

Minimum floor area per dwelling unit. Eight hundred (800) square feet.

(4)

Maximum lot coverage for main and accessory buildings. Twenty (20) percent.

(e)

Special requirements.

(1)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(2)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of one (1) or more acres.

(3)

Open storage is prohibited (except for materials for the resident's personal use or consumption such as firewood, garden materials, etc.).

(4)

(5)

Site plan approval (see Section 12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the A district.

(6)

Other Regulations. As established in the Development Standards, Sections 33 through 41.

(7)

A Manufactured home, not more than five (5) years old shall be permitted providing the following conditions are met:

All other requirements of the district are met;

The unit is underpinned to a permanent foundation and the transportation wheels are removed;

A Specific Use Permit is approved;

The towing mechanism (i.e. tongue) is removed.

(Ord. No. O-19-17, 4-10-17; Ord. No. O-18-18, § 1, 4-23-18; Ord. No. O-32-19, §§ 14.2—14.5, 3-25-19; Ord. No. O-92-19, § 14.5, 8-26-19; Ord. No. 2023-O-050, § 1, 5-22-23)

Sec. 22-15. - SF-15—Single-family residential-15 district.

(a)

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (use charts).

(2)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height:

Two and one-half (2.5) stories, or thirty-five (35) feet for the main building/house.

Other (see section 22-37(e)).

(d)

Area regulations.

(1)

Size of lots:

Minimum lot area. Fifteen thousand (15,000) square feet.

Minimum lot width. One hundred (100) feet.

Minimum lot depth. One hundred twenty-five (125) feet.

(2)

Size of yards:

Minimum front yard. Thirty-five (35) feet.

Minimum rear yard. Twenty-five (25) feet for the main building.

(3)

Minimum floor area per dwelling unit. Eight hundred (800) square feet.

(4)

Maximum lot coverage for main and accessory buildings. Sixty (60) percent.

(e)

Special requirements.

(1)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(2)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of one or more acres.

(3)

Open storage is prohibited (except for materials for the resident's personal use or consumption such as firewood, gardening materials, etc.).

(4)

(5)

Site plan approval (see section 22-12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the SF-15 district.

(6)

Other regulations: As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-18-18, § 1, 4-23-18; Ord. No. O-32-19, §§ 15.3—15.5, 3-25-19)

Sec. 22-16. - SF-10—Single-family residential-10 district.

(a)

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (use charts).

(2)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height:

Two and one-half (2.5) stories, or thirty-five (35) feet for the main building/house.

Other (see section 22-37(e)).

(d)

Area regulations.

(1)

Size of lots:

Minimum lot area. Ten thousand (10,000) square feet.

Minimum lot width. Seventy (70) feet.

Minimum lot depth. One hundred ten (110) feet.

(2)

Size of yards:

Minimum front yard. Thirty (30) feet.

Minimum rear yard. Twenty-five (25) feet for the main building.

(3)

Minimum floor area per dwelling unit. Eight hundred (800) square feet.

(4)

Maximum lot coverage for main and accessory buildings. Sixty (60) percent.

(e)

Special requirements.

(1)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(2)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of one or more acres.

(3)

Open storage is prohibited (except for materials for the resident's personal use or consumption such as firewood, gardening materials, etc.).

(4)

(5)

Site plan approval (see section 22-12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the SF-10 district.

(6)

Other regulations: As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-18-18, § 1, 4-23-18; Ord. No. O-32-19, §§ 16.3—16.5, 3-25-19)

Sec. 22-17. - SF-7—Single-family residential-7 district.

(a)

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (use charts).

(2)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum Height:

Two and one-half (2.5) stories, or thirty-five (35) feet for the main building/house.

Other (see section 22-37(e)).

(d)

Area regulations.

(1)

Size of lots:

Minimum lot area. Seven thousand (7,000) square feet.

Minimum lot width. Sixty (60) feet.

Minimum lot depth. One hundred ten (110) feet.

(2)

Size of yards:

Minimum front yard. Twenty-five (25) feet.

Minimum rear yard. Twenty-five (25) feet for the main building.

(3)

Minimum floor area per dwelling unit. Eight hundred (800) square feet.

(4)

Maximum lot coverage for main and accessory buildings. Sixty (60) percent.

(e)

Special requirements.:

(1)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(2)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of one or more acres.

(3)

Open storage is prohibited (except for materials for the resident's personal use or consumption such as firewood, gardening materials, etc.).

(4)

(5)

Site plan approval (see section 22-12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the SF-7 district.

(6)

A Manufactured home, not more than five (5) years old shall be permitted providing the following conditions are met:

All other requirements of the district are met;

The unit is underpinned to a permanent foundation and the transportation wheels are removed;

A Specific Use Permit is approved; and

The towing mechanism (i.e. tongue) is removed.

(7)

Other regulations. As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-65-15, 9-14-15; Ord. No. O-18-18, § 1, 4-23-18; Ord. No. O-32-19, §§ 17.3—17.5, 3-25-19; Ord. No. O-92-19, § 17.5, 8-26-19; Ord. No. 2023-O-050, § 1, 5-22-23)

Sec. 22-18. - SF-5—Single-family residential-5 district.

(a)

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (use charts).

(2)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height:

Two and one-half (2.5) stories, or thirty-five (35) feet for the main building/house.

Other (see section 22-37(e)).

(d)

Area regulations.

(1)

Size of lots:

Minimum lot area. Five thousand (5,000) square feet.

Minimum lot width. Fifty (50) feet.

Minimum lot depth. One hundred (100) feet.

(2)

Size of yards:

Minimum front yard. Twenty-five (25) feet.

Minimum rear yard. Twenty-five (25) feet for the main building.

(3)

Minimum floor area per dwelling unit. Eight hundred (800) square feet.

(4)

Maximum lot coverage for main and accessory buildings. Sixty (60) percent.

(e)

Special requirements.

(1)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(2)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of one or more acres.

(3)

Open storage is prohibited (except for materials for the resident's personal use or consumption such as firewood, gardening materials, etc.).

(4)

(5)

Site plan approval (see section 22-12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the SF-5 district.

(6)

A Manufactured home, not more than five (5) years old shall be permitted providing the following conditions are met:

All other requirements of the district are met;

The unit is underpinned to a permanent foundation and the transportation wheels are removed;

A Specific Use Permit is approved; and

The towing mechanism (i.e. tongue) is removed.

(7)

Other regulations. As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-65-15, 9-14-15; Ord. No. O-18-18, § 1, 4-23-18; Ord. No. O-32-19, §§ 18.3—18.5, 3-25-19; Ord. No. O-92-19, § 18.5, 8-26-19; Ord. No. 2023-O-050, § 1, 5-22-23)

Sec. 22-19. - SF-PH—Single-family residential-patio home district (zero-lot-line homes).

(a)

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (use charts).

(2)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height:

Two and one-half (2.5) stories, or thirty-five (35) feet for the main building/house.

Other (see section 22-37(e)).

(d)

Area regulations.

(1)

Size of lots:

Minimum lot area. Four thousand five hundred (4,500) square feet.

Minimum lot width. Forty (40) feet.

Minimum lot depth. One hundred ten (110) feet.

(2)

Size of yards:

Minimum front yard. Twenty-five (25) feet.

Minimum side yard. One (1) side yard reduced to zero feet; other side yard a minimum of ten (10) feet required with fifteen (15) feet required on corner lots adjacent to a street.

Minimum rear yard. twenty-five (25) feet for the main building.

(3)

Minimum floor area per dwelling unit. Eight hundred (800) square feet.

(e)

Special requirements.

(1)

(2)

Maintenance requirements for common areas. A property owners association is required for continued maintenance of common land and/or facilities.

(3)

The elimination of a garage space by enclosing the garage with a stationary building wall shall be prohibited.

(4)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(5)

Open storage is prohibited (except for materials for the resident's personal use or consumption such as firewood, gardening materials, etc.).

(6)

(7)

Site plan approval (see section 22-12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the SF-PH district.

(8)

Other regulations. As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-32-19, §§ 19.3—19.5, 3-25-19)

Sec. 22-19A - SF-CH55+—Single-family residential-cottage housing 55+ district.

(a)

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (use charts).

(2)

Cottage housing building, with one (1) dwelling unit.

(3)

Residential sales centre.

(4)

Accessory buildings and uses, including, but not limited to:

Club house.

Mail room.

Gazebo.

(5)

Cottage housing building, with single-family dwelling units.

(6)

Home occupations.

(7)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height. Twenty-eight (28) feet for all buildings.

(d)

Area regulations.

(1)

Size of lots:

Minimum lot area. One thousand five hundred ninety-eight (1,598) square feet.

Minimum lot width. Thirty-four (34) feet.

Minimum lot depth. Forty-seven (47) feet.

(2)

Size of yards:

Minimum front yard. Five (5) feet.

Minimum side yard. Five (5) feet.

Minimum rear yard. Five (5) feet.

(3)

Floor area per dwelling unit:

Minimum floor area. Four hundred forty (440) square feet.

Maximum floor area. One thousand four hundred (1,400) square feet.

(Total floor area is the area included with the surrounding exterior walls.)

(e)

Special requirements.

(1)

(2)

Floor area or cottage area that is not included in the calculation of total floor area:

Unheated storage space located under the main floor of the cottage.

Architectural projections, such as bay windows, fireplaces or utility closets no greater than eighteen (18) inches in depth or six (6) feet in width.

Attached roof porches.

Garages, carports or storage lockers.

(3)

Site coverage. The maximum site coverage permitted for all buildings shall not exceed fifty (50) percent of lot area.

(4)

Porches:

Dwelling units shall be oriented around, and have the covered-porches of the main entry facing towards the common open space.

Dwelling units shall have a covered porch or entry at least sixty (60) square feet in size with a minimum dimension of six (6) feet on any one (1) side.

(5)

Open space, may include side porches:

A minimum of two hundred (200) square feet of open space shall be provided per dwelling unit. Open space with a dimension of less than twenty (20) feet shall not be included in this calculation.

(6)

Required yard setbacks, excluding steps or ramps:

Eaves may extend up to two (2) feet into the minimum requirements noted in section 22-19A(d)(2).

(7)

Fences:

Fences on the interior of a cottage dwelling development (e.g. adjacent to the common open space) shall have a maximum height of three (3) feet.

Chain link fence is prohibited.

(8)

Parking:

A minimum of two (2) parking stalls shall be provided for each dwelling unit. For the purposes of this district, one (1) parking stall may include a parking space inside of a garage or carport.

Parking shall be separated from the central common area by landscaping and/or architectural screen.

(9)

Other development regulations:

A dwelling unit in a cottage housing building must not be located above any portion of another dwelling unit.

HUD-Code homes are prohibited.

(Ord. No. O-21-09, 10-12-09; Ord. No. O-32-19, §§ 19A.5, 3-25-19)

Sec. 22-20. - MF-2—Two-family residential district (duplex).

(a)

(b)

Permitted uses:

(1)

Those uses specified in section 22-32 (use charts).

(2)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height

Two and one-half (2.5) stories, or thirty-five (35) feet for the main building/house.

Other (see section 22-37(e)).

(d)

Area regulations.

(1)

Size of lots for two-family/duplex homes:

Minimum lot area. Six thousand (6,000) square feet per duplex lot (i.e., three thousand (3,000) square feet of lot area per dwelling unit).

Minimum lot width. Sixty (60) feet for each duplex lot (i.e., thirty (30) feet of lot width per dwelling unit).

Minimum lot depth. One hundred (100) feet.

(2)

Size of lots for single-family detached homes:

Minimum lot area. Six thousand (6,000) square feet.

Minimum lot width. Sixty (60) feet.

Minimum lot depth. One hundred (100) feet.

(3)

Size of yards:

Minimum front yard. Twenty-five (25) feet.

Minimum rear yard. Twenty-five (25) feet for the main building.

(4)

Minimum floor area per dwelling unit:

Two-family/duplex homes or single-family detached homes. Eight hundred (800) square feet.

(e)

Special requirements.

(1)

Single-family lots and detached dwellings constructed in this district shall conform to the standards as set forth in the SF-7 zoning district (except as provided in Section 22-20(d)(2) above).

(2)

Recreational vehicles, travel trailers, or motor homes may not be used for on-site dwelling purposes.

(3)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of one or more acres.

(4)

Open storage is prohibited (except for materials for the resident's personal use or consumption such as firewood, gardening materials, etc.).

(5)

(6)

Site plan approval (see section 22-12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the MF-2 district.

(7)

Other regulations. As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-52-16, 10-10-16; Ord. No. O-32-19, §§ 20.3—20.4, 3-25-19)

Sec. 22-21. - SFA—Single-family attached residential district (townhouse).

(a)

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (use charts).

(2)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height:

Two and one-half (2.5) stories, or thirty-five (35) feet for the main building/house.

Other (see section 22-37(e)).

(d)

Area regulations.

(1)

Size of lots:

Minimum lot area. Three thousand (3,000) square feet.

Minimum lot width. Thirty (30) feet.

Minimum lot depth. One hundred (100) feet.

(2)

Size of yards:

Minimum front yard. Twenty-five (25) feet.

Minimum side yard:

Minimum rear yard. Twenty-five (25) feet for the main building.

(3)

Minimum floor area per dwelling unit. Eight hundred (800) square feet.

(4)

Maintenance requirements for common areas. A property owners association is required for continued maintenance of common land and/or facilities.

(5)

All utilities shall be provided separately to each lot within an SFA district so that each unit is individually metered.

(6)

Each attached dwelling unit within the SFA district shall be rear entry only from an alley or an approved fire lane.

(7)

(8)

(e)

Special requirements.

(1)

The elimination of a garage space by enclosing the garage with a stationary building wall shall be prohibited.

(2)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(3)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of one or more acres.

(4)

Open storage is prohibited (except for materials for the resident's personal use or consumption such as firewood, gardening materials, etc.).

(5)

(6)

Site plan approval (see section 22-12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the SFA district.

(7)

Other regulations. As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-32-19, §§ 21.3—21.5, 3-25-19)

Sec. 22-22. - MF-4—Multi-family residential-4 district (triplex/quadriplex).

(a)

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (use charts).

(2)

Multi-family dwelling greater than two (2) units per building, but not more than four (4) units per building.

(3)

Common open space, community center, recreational building, and other facilities or amenities, provided they are for use by the residents and guests of the multi-family complex.

(4)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height:

Two and one-half (2.5) stories or thirty-five (35) feet for the main building(s).

Other (see section 22-37(e)).

(d)

Area regulations.

(1)

Size of lots:

Minimum lot width. Eighty (80) feet.

Minimum lot depth. One hundred (100) feet.

Maximum number of units. No more than four (4) units per structure.

(2)

Size of yards:

Minimum front yard. Twenty-five (25) feet. All areas adjacent to a street shall be deemed front yards.

Minimum side yard. Fifteen (15) feet.

Minimum rear yard. Twenty-five (25) feet.

Building separation:

One (1) story buildings - fifteen (15) feet, for buildings with or without openings.

Two (2) story buildings (or a two-story building adjacent to a one-story building) - twenty (20) feet, for buildings with or without openings.

(3)

Minimum floor area per dwelling unit:

Efficiency unit. Five hundred fifty (550) square feet per unit.

One-bedroom unit. Six hundred (600) square feet per unit.

(e)

Refuse facilities.

(1)

(2)

(f)

Special requirements.

(1)

Single-family or duplex units constructed in this district shall conform to SF-5 and MF-2 district standards, respectively.

(2)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(3)

Open storage is prohibited.

(4)

The front door of each dwelling unit shall be no more than one hundred fifty (150) feet from a fire lane (measured by an unobstructed pathway, or route, for fire hoses).

(5)

A paved walkway shall connect the front door of each ground floor unit to a parking area.

(6)

Buildings shall not exceed two hundred (200) feet in length.

(7)

(8)

(9)

All parking areas shall have appropriate lighting and shall be positioned such that no light adversely impacts adjacent residential areas.

(10)

(11)

Other regulations. As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-32-19, § 22.3, 3-25-19)

Sec. 22-23. - MF-5—Multi-family residential-5 district (apartments).

(a)

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (use charts).

(2)

Multi-family dwellings that are typically greater than four (4) units per building.

(3)

Common open space, community center, recreational building, and other facilities or amenities, provided they are for use by the residents and guests of the multi-family complex.

(4)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height:

Three (3) stories or forty-five (45) feet for the main building(s).

Other (see section 22-37(e)).

(d)

Area regulations.

(1)

Size of lots:

Minimum lot width. One hundred (100) feet.

Minimum lot depth. One hundred fifty (150) feet.

(2)

Size of yards:

Minimum front yard. Thirty (30) feet. All areas adjacent to a street shall be deemed front yards.

Minimum side yard. Fifteen (15) feet; sixty (60) feet when building is in excess of One (1) story in height and adjacent to a single-family zoning district.

Minimum rear yard. Twenty-five (25) feet; eighty (80) feet when the building is in excess of One (1) story and adjacent to a single-family zoning district.

Building separation:

One-story buildings - fifteen (15) feet, for buildings with or without openings.

Two-story buildings (or a two-story building adjacent to a one-story building) - twenty (20) feet, for buildings with or without openings.

Three-story buildings (or a three-story building adjacent to a one- or two-story building) - twenty-five (25) feet, for buildings with or without openings.

(3)

Minimum floor area per dwelling unit:

Efficiency unit - five hundred fifty (550) square feet per unit.

One-bedroom unit - six hundred (600) square feet per unit.

(e)

Refuse facilities.

(1)

(2)

(f)

Special requirements.

(1)

Single-family or duplex units constructed in this district shall conform to SF-5 and MF-2 district standards, respectively.

(2)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(3)

Open storage is prohibited.

(4)

The front door of each dwelling unit shall be no more than one hundred fifty (150) feet from a fire lane (measured by an unobstructed pathway, or route, for fire hoses).

(5)

A paved walkway shall connect the front door of each ground floor unit to a parking area.

(6)

Buildings shall not exceed two hundred (200) feet in length.

(7)

(8)

(9)

All parking areas shall have appropriate lighting and shall be positioned such that no light adversely impacts adjacent residential areas.

(10)

(11)

Other regulations. As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-32-19, § 23.3, 3-25-19)

Sec. 22-24. - MH—Manufactured home district.

(a)

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (use charts).

(2)

Individually owned HUD-code manufactured homes on lots in platted manufactured/mobile home subdivisions.

(3)

(4)

Industrialized housing.

(5)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Area regulations.

(1)

Size of yards (for each space within manufactured/mobile home park or subdivision):

Minimum front yard. Twenty-five (25) feet from a dedicated street; fifteen (15) feet from any private street or drive.

Minimum side yard. Ten (10) feet; twenty (20) feet between units; twenty-five (25) feet from any zoning district boundary line.

Minimum rear yard. Ten (10) feet; twenty-five (25) feet from any zoning district boundary line.

(2)

Size of lot:

Minimum lot area. Five thousand (5,000) square feet per unit.

Minimum lot width. Fifty (50) feet.

Minimum lot depth. One hundred (100) feet.

(3)

Minimum floor area per dwelling unit: Eight hundred (800) square feet.

(4)

Area for manufactured home park. Minimum, three (3) acres; maximum, thirty-five (35) acres. The total lot area shall equal at least five thousand (5,000) square feet for each unit within the park.

(5)

Maximum height limit:

Two and one-half (2.5) stories, or thirty-five (35) feet for the main building/house.

Other (see section 22-37(e)).

(d)

Special requirements for manufactured/mobile home parks.

(1)

(2)

Walkways. Designated concrete walkways four (4) feet in width will be provided on both sides of roadways or streets.

(3)

(4)

(5)

(6)

Street lighting. Street lighting within the manufactured/mobile home park shall be provided and maintained by the owners of the manufactured/mobile home park.

(7)

Electric and telephone service. All electrical distribution lines and all telephone lines shall be underground except the primary service lines to the park.

(8)

(9)

Fire fighting:

Approaches to all manufactured/mobile homes shall be kept clear for fire fighting.

The owner or agent of a manufactured/mobile home park shall be responsible for maintaining the entire area of the park free of dry brush, leaves and weeds in excess of twelve (12) inches in height.

(10)

(11)

(12)

Skirting:

(13)

Adequate public facilities:

All materials used for sewer connections shall conform to City of Athens' engineering specifications.

(e)

Special requirements.

(1)

(2)

Open storage is prohibited.

(3)

(4)

Site plan approval (see section 22-12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the MH district.

(5)

Management responsibilities:

The park management shall notify park occupants of all applicable provisions of this chapter, and shall inform them of their duties and responsibilities under this chapter.

The park management shall supervise the placement of each mobile home on its mobile home lot, including securing its stability and installing all utility connections.

The park management shall maintain a register containing the following information:

Name and address of each occupant;

The make, model, year, name of owner, license number, and state issuing such license of all automobiles, vehicles, mobile homes and travel trailers; and

The date of arrival and date of departure of each mobile home or travel trailer.

The park management shall notify the health authority immediately of any suspected communicable or contagious disease within the park.

(6)

Other regulations. As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-32-19, § 24.3, 3-25-19)

Sec. 22-25. - O—Office district.

(a)

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (use charts).

(2)

Accessory uses to the main use.

(3)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height (see also subsection 22-25(d)(2)d. below):

Two stories or thirty-five (35) feet for the main building(s).

Other (see section 22-37(e)).

(d)

Area regulations.

(1)

Size of lots:

Minimum lot size. Seven thousand (7,000) square feet.

Minimum lot width. Seventy (70) feet.

Minimum lot depth. One hundred (100) feet.

(2)

Size of yards:

Minimum front yard. Twenty-five (25) feet; all yards adjacent to a street shall be considered a front yard.

Minimum side yard. Ten (10) feet; twenty-five (25) feet adjacent to a public street or residential lot.

Minimum rear yard. Ten (10) feet.

(e)

Special district requirements.

(1)

Open storage is prohibited.

(2)

(3)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling or nonresidential purposes.

(4)

Other regulations. As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-08-03, 3-24-03; Ord. No. O-32-19, § 25.3, 3-25-19)

Sec. 22-26. - R—Retail district.

(a)

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (use charts).

(2)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height (see also subsection 22-26(d)(2)e. below):

Two stories or thirty-five (35) feet for the main building(s).

Other (see section 22-37(e)).

(d)

Area regulations.

(1)

Size of lot:

Minimum lot area. Ten thousand (10,000) square feet.

Minimum lot width. Seventy (70) feet.

Minimum lot depth. One hundred (100) feet.

(2)

Size of yards:

Minimum front yard. Twenty-five (25) feet; all yards adjacent to a street shall be considered a front yard.

Minimum side yard. Ten (10) feet; twenty-five (25) feet adjacent to a public street or residential lot.

Minimum rear yard. Ten (10) feet.

(e)

Special requirements.

(1)

(2)

(3)

Outside display of merchandise and/or seasonal items (e.g., Christmas trees, pumpkins, etc.) shall be limited to the following:

Shall be placed/located on the same lot as the primary use.

Shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way.

Shall not extend into public right-of-way or onto adjacent property.

All outside display items shall be removed at the end of business each day (except for items that are seasonal in nature).

All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.

Exceptions to the above restrictions on outside display of merchandise:

(4)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling or nonresidential purposes.

(5)

Other regulations. As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-08-03, 3-24-03; Ord. No. O-32-19, § 26.3, 3-25-19)

Sec. 22-27. - CBD—Central business district.

(a)

(b)

Permitted uses.

(1)

Uses permitted in the CBD district are outlined in section 22-32 (use charts).

(2)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Area regulations.

(1)

Size of yards:

Minimum front yard. none specified.

Minimum side yard. none specified.

Minimum rear yard. none specified.

(2)

Size of lot:

Minimum lot area. none specified.

Minimum lot width. none specified.

Minimum lot depth. none specified.

(3)

Height regulations:

Maximum height:

Two stories or thirty-five (35) feet for the main building.

Other (see section 22-37(e)).

(4)

Maximum lot coverage. none specified.

(5)

Parking regulations. none specified.

(d)

Special requirements.

(1)

(2)

(3)

Design standards for the CBD district:

Applicability. These standards shall apply to:

New nonresidential and residential construction on an undeveloped site.

Any addition, expansion or renovation to a building on a developed site.

New construction or renovation to a building for combined commercial and residential use.

All new construction, whether a new building or an addition, expansion or renovation to a building on a developed site shall respect existing building heights, offsets and other design elements.

Exterior wall materials.

Each exterior elevation shall consist of eighty (80) percent masonry, excluding doors and windows.

Wood or simulated wood products shall be used for window and door frames.

The adding of false fronts or mansard roofs that cover or obscure the original facade is prohibited.

Non-original siding materials and false fronts shall be removed.

Facade articulation.

Storefront doors and windows shall be consistent in height.

It is prohibited to reduce the size, block or fill in the original opening on any existing buildings.

The use of solid doors, glass block, or tinted opaque or mirrored glass is prohibited.

Colors and finishes.

Primary building colors shall be muted earth tones.

Contrasting colors shall be used for building accent such as trim, railings and entries.

The use of primary colors is prohibited.

Windows.

The first floor of retail/business buildings shall have large display windows with transoms when interior ceiling height allows.

Multi-story buildings shall have vertically oriented windows on the upper floors.

Upper level windows shall have masonry window ledges.

It is prohibited to cover up or fill in upper story windows in existing buildings.

If windows are replaced, they shall have wooden or simulated wood material frames, be of the same size, style, and have the same number and configuration of window panes as the original.

The use of security grills are prohibited on store front windows.

Windows shall not be installed flush to the outside wall.

Windows shall not have plywood or cardboard over them, except when windows have been broken or cracked and owner/tenant is awaiting installation of replacement glass.

Roofs.

Roof lines shall be varied for visual interest.

Roof lines running in a continuous plane more than forty (40) feet are prohibited.

Detailed cornices, friezes and parapet walls shall be required for flat roofs.

All rooftop equipment shall be screened from view.

Awnings.

Awning shall not obscure piers, columns or decorative features.

Awning shall be a minimum of eight (8) feet and a maximum of twelve (12) feet above the sidewalk and no awning shall extend more than five (5) feet outward from the building face/surface.

Color of awning must complement the building.

Awning shall be constructed of woven cloth or linen fabric. Signs on awnings are limited to the valance or small logos on the awning itself.

Bubble awnings, exaggerate-shaped awnings, elongated bull nose entrance canopies/awning or awning/canopies supported from the sidewalk are prohibited.

The use of metal, vinyl or rubber awnings is prohibited.

Canopies.

Canopies shall not obscure piers, columns or decorative features.

Canopies shall be a minimum of eight (8) feet and a maximum of twelve (12) feet above the sidewalk and no canopy shall extend more than five (5) feet outward from the building face/surface.

Color of canopy must complement the building.

Canopies may be constructed of wood or metal. Signs on canopies are limited to the valance or small logos on the canopy itself.

Canopies constructed of wood must be painted or stained to protect material from elements and shall be properly maintained.

(4)

Signs. Signs shall be in conformance with section 22-41(f)(13) of City of Athens Zoning Ordinance No. O-12-01.

(5)

Outdoor lighting.

All outdoor lighting shall be designed, installed and maintained so as not to overflow onto adjacent properties.

Light standards and exterior fixtures shall be comparable to others in the CBD district in design, height and light projection.

(6)

Utilities.

(7)

Landscaping.

The owner/tenant shall be responsible for care and upkeep of the planting vessel. The owner/tenant shall keep seasonal flowers and/or shrubs in the vessel, planting a minimum of twice per year.

(8)

Loading and deliveries. Whenever possible, all deliveries and loading shall be done on the rear of the property.

(9)

Refuse containers.

Whenever possible, all refuse containers shall be located at the rear of the property.

Whenever possible, the use of communal dumpsters is encouraged.

(10)

Outdoor uses.

No outdoor storage, repair or assembly of goods shall be permitted in the CBD district.

Outside display of merchandise and/or seasonal items (e.g., Christmas trees, pumpkins, etc.) shall be limited to the following:

Shall not be placed/located more than five (5) feet from the main building.

Shall not occupy any on-street or off-street parking spaces.

Shall only be located in front of the property/business which is selling the item(s).

All outside display items shall be removed at the end of business each day (except for large seasonal items such as Christmas trees).

All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.

(11)

Outdoor dining. The limited use of public sidewalk for restaurant seating may be permitted, providing that at least five (5) feet of sidewalk remains available for pedestrian use.

(12)

(13)

Maintenance and repair. All structures, parking, landscaping and areas of refuse shall be maintained and repaired in a timely manner.

(14)

Other regulations. As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-30-11, 10-10-11; Ord. No. O-32-19, § 27.3, 3-25-19)

Sec. 22-28. - C—Commercial district.

(a)

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (use charts).

(2)

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height:

Three (3) stories or forty-five (45) feet for the main building.

Other (see section 22-37(e)).

(d)

Area regulations.

(1)

Size of lot:

Minimum lot area. Ten thousand (10,000) square feet.

Minimum lot width. Seventy (70) feet.

Minimum lot depth. One hundred (100) feet.

(2)

Size of yards:

Minimum front yard. Twenty-five (25) feet; all yards adjacent to a street shall be considered a front yard.

Minimum side yard. Ten (10) feet; twenty-five (25) feet adjacent to a public street or residential lot.

Minimum rear yard. Ten (10) feet.

(e)

Special requirements:

(1)

(2)

(3)

Outside display of merchandise and/or seasonal items (e.g., Christmas trees, pumpkins, etc.) shall be limited to the following:

Shall be placed/located on the same lot as the primary use.

Shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way.

Shall not extend into public right-of-way or onto adjacent property.

All outside display items shall be removed at the end of business each day (except for items that are seasonal in nature).

All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.

Exceptions to the above restrictions on outside display of merchandise:

(4)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling or nonresidential purposes.

(5)

No permanent use of temporary buildings.

(6)

Other regulations. As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-08-03, 3-24-03; Ord. No. O-32-19, § 28.3, 3-25-19)

Sec. 22-29. - I—Industrial district.

(a)

(b)

Permitted uses.

(1)

Those uses specified in section 22-32 (use charts).

Such uses as may be allowed by specific use provisions, section 22-31.

(c)

Height regulations.

(1)

Maximum height:

Other (see section 22-37(e))

(d)

Area regulations.

(1)

Size of lot:

Minimum lot area. 20,000 square feet.

Minimum lot width. One hundred (100) feet.

Minimum lot depth. 200 feet.

(2)

Size of yards:

Minimum front yard. Twenty-five (25) feet; all yards adjacent to a street shall be considered a front yard.

Minimum side yard. Twenty-five (25) feet.

Minimum rear yard. Twenty-five (25) feet.

(e)

Special requirements.

(1)

(2)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling or nonresidential purposes.

(3)

No permanent use of temporary buildings.

(4)

Other regulations: As established in the development standards, sections 22-33 through 22-41.

(Ord. No. O-32-19, § 29.3, 3-25-19; Ord. No. 2023-O-025, § 1, 3-27-23)

Sec. 22-30. - PD—Planned development overlay district.

(a)

General purpose and description.

(1)

(2)

(b)

Permitted uses.

(1)

(2)

(c)

Planned development requirements.

(1)

(2)

(3)

(4)

The minimum acreage for a planned development request shall be one (1) acre.

(d)

(1)

(2)

For any single- or two-family residential district (A, SF-15, SF-10, SF-7, SF-5, SF-PH, MF-2 or SFA), a preliminary plat shall qualify as the detailed site plan (development plan).

(3)

(e)

Approval process and procedure.

(1)

(2)

(f)

(g)

Prior planned development ordinances remaining in effect.

(1)

(2)

(Ord. No. O-40-17, 10-19-17)

Sec. 22-31. - SUP—Specific use provisions.

(a)

(b)

Specific use provision regulations.

(1)

The use is harmonious and compatible with surrounding existing uses or proposed uses;

The activities requested by the applicant are normally associated with the permitted uses in the base district;

The nature of the use is reasonable;

Any negative impact on the surrounding area has been mitigated; and/or

That any additional conditions specified ensure that the intent of the district purposes are being upheld.

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(c)

Use regulations. Uses allowed by SUP are specified in section 22-32 (use charts).

(d)

(e)

Exceptions. In the PD-2 agriculture zoning district — See section 22-30(d)(2)b. (planned developments).

(Ord. No. 2021-O-151, § 1, 11-29-21)

Sec. 22-31A. - Temporary use permit.

(a)

Temporary events.

(1)

(2)

Application.

Unless otherwise determined by the director, an application for a temporary event permit must be submitted with the following information:

A written letter of approval from the property owner indicating the applicant has the right to use such property for the temporary use described in the application.

A site plan of the property showing:

(i)

Property boundaries.

(ii)

Building footprint of permanent structures and paved parking lot, if applicable.

(iii)

Location of all fire lanes, driveways, sidewalks and/or alleys.

(iv)

Location of merchandise, display areas, and temporary structures including tents, canopies or shelters.

(v)

Fire rating documentation for any temporary tent, canopy or shelter to be used during the event.

(vi)

The number of displaced parking spaces, if any, and the number of remaining parking spaces.

(vii)

Location of temporary lighting or security lighting, if any.

(viii)

Size and location of any temporary signage, pennants, or banners.

(ix)

Location of restrooms that will be available for use by the public during the event for which the permit is to be issued.

(x)

A description of the temporary event activities, requested days, and hours of operation.

(xi)

Contact information for the applicant and/or organization operating the event and contact information for a representative that will be on site during the event.

(xii)

Information regarding any temporary mobile food vendors, and/or any food or drink preparation, sales or sampling that may be on site in conjunction with the event.

Charitable, religious, educational, public service, and/or civic organizations are exempt from all fees to be collected pursuant to this section.

Additional requirements.

No parking space required by this chapter or other ordinance shall be used for a temporary event permit.

All temporary lighting will require an electrical permit and an inspection by the city building inspector prior to the event. No lighting may flash, travel, blink, fade, move, or scroll.

No event receiving a temporary use permit shall locate in an approved landscape buffer or within the setbacks required in the zoning ordinance.

(3)

Decommission or removal. The site shall be vacated completely and cleaned at the end of the event and prior to the issuance of new temporary use permits for the same property.

(4)

Types of temporary events.

Issuance of permits for temporary outdoor sales of seasonal products shall be limited to areas zoned for retail or commercial uses.

This section does not apply to temporary outdoor services such as mobile blood banks, mammography screening, eye screening, or similar medical services for humans.

An application for a temporary event shall also include a true copy of the sales tax permit which designates the city as point of sale.

Temporary sales of fruits and vegetables for off-premises consumption shall be allowed; however, the products must remain whole, and not be cut or opened in any manner.

All farmers markets shall be authorized by the city council. Council approval shall address the location, schedule and duration of the market.

Christmas tree sales. Temporary sales of Christmas trees may be allowed during the normal and generally accepted season, and subject to the following provisions:

Issuance of permits for temporary outdoor sales of Christmas trees shall be limited to areas zoned for retail or commercial uses, or any church property.

Sales may not begin prior to November 15.

Sale site must be cleaned and vacated by January 1.

The application for a temporary use permit shall also include a true copy of the sales tax permit which designates the city as point of sale.

The term of a temporary event permit for a carnival, circus, fair, or festival shall not exceed a maximum of seven (7) days.

Issuance of permits for a carnival, circus, fair or festival shall be limited to areas zoned for retail or commercial uses, or any church property.

Issuance of a permit for a temporary event pursuant to this paragraph shall be limited to areas zoned for retail or commercial uses, or any church property.

The term of a temporary use permit issued pursuant to this paragraph for a temporary event shall not exceed three (3) days.

Temporary food vendor. A mobile food unit, as defined in chapter 13, article VI of the Code of Ordinances may operate as a temporary food vendor as follows:

Mobile food units not operating in conjunction with a permitted temporary event shall be regulated in accordance with chapter 13, article VI of the Code of Ordinances.

(b)

Temporary buildings.

(1)

Application. Unless otherwise determined by the director, an application for a temporary building must be submitted with the following information:

A site plan of the property, as described in section 22-31A(1).

A description of the temporary building and any applicable engineering, building, plumbing, electrical and/or mechanical plans.

Additional requirements.

No temporary structure shall occupy any parking space required by this chapter or other ordinance.

All temporary lighting will require an electrical permit and an inspection by the city building inspector prior to the event. No lighting may flash, travel, blink, fade, move, or scroll.

No temporary structure shall locate in an approved landscape buffer or within the setbacks outlined in the zoning ordinance.

(2)

Types of temporary buildings.

Church or school temporary accessory buildings. Temporary accessory buildings for church and public or private school use are subject to the following conditions:

The temporary accessory building shall be removed prior to the end of the period when such building is allowed under this section.

Not more than three (3) temporary accessory buildings shall be allowed on the same site, lot or tract of land for church or private school use.

Temporary accessory buildings shall meet the area regulations of the zoning district in which located.

Temporary accessory buildings are not permitted without a main structure on the same site, lot or tract.

(Ord. No. O-10-16, 2-22-16; Ord. No. 2020-O-051, § 31A, 7-22-20)