(a)

Purpose. To secure safety from fire, panic, and other dangers; to lessen congestion on public streets; to facilitate the adequate provision of transportation; to conserve the value of buildings; and to encourage the most appropriate use of land. Minimum off-street parking and loading shall be provided as set forth in the following schedules and provisions.

(b)

Residential districts—Special off-street parking provisions.

(1)

Required off-street parking shall be provided on the same site as the use it is to serve.

(2)

All vehicle parking shall be on a suitably paved parking surface. All driveways and approaches to parking spaces shall be similarly paved, except in the agriculture district.

(3)

No required parking space, garage, carport, or other automobile storage space shall be used for the storage of any heavy load vehicle (see definitions for heavy load vehicle).

(4)

A minimum of two (2) off-street parking spaces shall be provided for all single-family (detached and attached) and duplex (MF-2) dwelling units on the same lot as the main structure.

(5)

The following additional parking requirements apply to single-family attached, multi-family and manufactured homes, as noted:

a.

Single-family attached (SFA district):

1.

Additional parking shall be required for any recreational uses, club house, office, sales offices and/or visitors.

2.

Designated visitor parking spaces shall be provided in off-street, common areas at a ratio of one (1) guest/visitor space per four (4) units.

b.

Triplex, quadriplex and multi-family (MF-4 and MF-5 districts; also see section 22-33(c)):

1.

1.75 spaces for each efficiency or one (1) bedroom unit.

2.

Two spaces for each two (2) bedroom unit.

3.

Two and one-half (2.5) spaces for each three (3) bedroom unit.

4.

Three (3) spaces for each four (4) or more bedroom unit.

5.

All parking areas adjacent to public streets shall be screened from view. Screening may be in the form of live plant materials, berms or brick/masonry walls.

c.

Manufactured home (MH district):

1.

Two spaces per unit located on the same lot as the unit served.

2.

Tenant parking - Each parking space shall be an approved all-weather surface, in accordance with city standards, and shall be located to eliminate interference with access to parking areas provided for other manufactured/mobile homes and for public parking in the park.

3.

Visitor and supplemental parking - In addition to parking spaces required for each manufactured/mobile home unit, there shall be paved parking provided for the manufactured/mobile home community in general:

(i)

Two (2) visitor parking space for every three (3) manufactured/mobile home spaces.

(ii)

One (1) supplemental parking or vehicle storage space for the parking or storage of boats, campers and similar vehicles or equipment for every four (4) manufactured/mobile home spaces.

(iii)

Supplemental spaces may be located anywhere within the manufactured/mobile home community provided that no manufactured/mobile home space shall be situated further than one hundred fifty (150) feet from a visitor space.

(iv)

Each parking space will be not less than nine (9) feet by eighteen (18) feet, which is not to be included in the lot size.

(c)

Nonresidential and MF districts—Special off-street parking provisions.

(1)

To prevent nuisance situations, all parking area lighting shall be designed and operated so as not to reflect or shine on adjacent properties and in accordance with the standards established in section 22-39.

(2)

For safety and fire-fighting purposes, free access through to adjacent nonresidential parking areas shall be provided in accordance with section 22-33(i) (fire lanes).

(3)

All required off-street parking, and fire lanes shall be paved with an all-weather surface (i.e., no parking shall be permitted on grass, within landscaped areas, on gravel, or on other unimproved surfaces). Overflow parking, maneuvering, loading, and storage areas shall be an all-weather surface such as paving, recycled asphalt, or permeable pavers. The City Manager may approve alternative all-weather surfaces for overflow parking, maneuvering, loading, and storage areas in conjunction with site plan approval.

Any dust created from the all-weather surface shall be controlled within the site. All maneuvering areas for parking and loading shall be on-site (i.e., shall not occur within public right-of-way or on adjacent property without a platted/recorded access easement granting such access on adjacent property).

Parking spaces shall be permanently and clearly identified by stripes, buttons, tiles, curbs, barriers, or other approved methods. Non-permanent type marking, such as paint, shall be regularly maintained to ensure continuous clear identification of the space.

(4)

Each standard off-street surface parking space size shall be in accordance with the design standards as shown on Illustration 10 for space size and design. Specific parking space sizes, exclusive of aisles, driveways and maneuvering areas shall be in accordance with the following minimum sizes:

a.

Standard: Nine (9) feet by eighteen (18) feet.

b.

Parallel: Eight (8) feet by 22 feet.

(5)

All parking and loading spaces, and vehicle sales areas on private property shall have a vehicle stopping device (e.g., curb, wheel stop, etc.) installed so as to prevent parking of motor vehicles in any required landscaped areas, to prevent vehicles from hitting buildings, to protect public and/or private utility structures/facilities, and to prevent parked vehicles from overhanging a public right-of-way line, public sidewalk, or adjacent private property. An extra-wide sidewalk on private property may be permitted so as to allow encroachment of vehicle overhang while maintaining an unobstructed four-foot minimum sidewalk width. The requirement shall apply only where spaces are adjacent to the walks, right-of-way, and required landscaping. Parking shall not be permitted to encroach upon the public right-of-way in any case. For new construction only, all vehicle maneuvering shall take place on-site. No public right-of-way shall be used for backing or maneuvering into or from a parking space, or for circulation within the parking lot.

(6)

In all nonresidential and multi-family zoning districts, the perimeter of all parking lots and driveways shall be provided with concrete curbs or other means to control traffic.

(7)

Refuse storage containers (i.e., dumpsters) placed in a parking lot shall not be located in a designated parking or loading space. Each refuse container shall be located so as to facilitate pickup by refuse collection agencies with the general flow of on-site vehicular traffic and with minimal backing movements. Access and approaches to a refuse container shall be entirely on the lot it serves, and shall not be from adjacent property unless an irrevocable, platted/recorded access easement is secured granting use of adjacent property for such purpose.

(8)

Handicap parking space(s) shall be provided according to building codes, state laws, and requirements of the Americans with Disabilities Act (ADA).

(9)

In all nonresidential and multi-family zoning categories, designated parking and loading areas shall not be used for the repair, storage, dismantling or servicing (except for normal maintenance of a private vehicle) of vehicles or equipment, or for the storage of materials or supplies, or for any other use in conflict with the designated parking and loading areas (i.e., advertising or open storage of raw materials).

(10)

To ensure that all requirements set forth in this section are carried forward, it will be the responsibility of the owner of the parking area to adequately maintain the facility. All off-street parking areas shall be kept free of trash, debris, vehicle repair operation or display and advertising uses. At no time after initial approval of the parking area layout can changes be made in the location and number of provided spaces without approval of the city manager, or his/her designee.

(11)

Off-street stacking requirements for drive-through facilities:

a.

A stacking space shall be an area on a site measuring nine (9) feet by twenty (20) feet with direct forward access to a service window or station of a drive-through facility which does not constitute space for any other circulation driveway, parking space, or maneuvering area. An escape lane, of at least nine (9) feet in width and with negotiable geometric design, must be provided to allow vehicles to get out of the stacking lane in the event of a stalled vehicle, emergency, accidental entry, etc. In computing the number of stacking spaces for a particular use and where fractional spaces result, the stacking spaces required shall be construed to be the next higher whole number (i.e., "rounded up").

b.

For each service window of a drive-through restaurant, a minimum of six (6) spaces shall be provided for the first vehicle stop (usually the menu/order board), and two (2) spaces shall be provided for each additional vehicle stop (order/pick-up windows, etc.). One (1) escape lane shall be provided from the beginning of the stacking lane to the first stop (e.g., menu/order board).

c.

For retail operations (other than restaurants, banks, etc.) and kiosks that provide drive-up service (e.g., pharmacy, dry cleaners, etc.), a minimum of three (3) stacking spaces for each service window shall be provided.

d.

For a full-service car wash, each vacuum or gas pump lane shall be provided with a minimum of three (3) stacking spaces. For the finish/drying area, adequate vehicle stacking and storage space must be provided to keep finished vehicles out of circulation aisles, access easements, fire lanes, streets, etc.

e.

For each automated self-service (drive-through/rollover) car wash bay, a minimum of two (2) stacking spaces, in addition to the wash bay itself, shall be provided. One (1) stacking space shall be provided at the exit end of each wash bay for window-drying and other detailing.

f.

For each wand-type self-service (open) car wash bay, a minimum of two (2) stacking spaces, in addition to the wash bay itself, shall be provided. One (1) stacking space shall be provided at the exit end of each wash bay for window-drying and other detailing, unless a separate area/shade structure is provided (outside of circulation aisles) for these activities.

g.

For automobile quick-lube type facilities, a minimum of two (2) stacking spaces shall be provided for each service bay in addition to the service bay(s) itself.

h.

Kindergartens, elementary schools, day care facilities, and similar types of facilities shall provide pick-up/drop-off areas that are not located in main traffic circulation aisles or in fire lanes. Stacking requirements for such facilities shall be a minimum of three (3) stacking spaces, plus one (1) stacking space for each ten (10) students/children (based upon the maximum occupancy/enrollment of the facility) over thirty (30) students/children.

i.

Freestanding vacuums not associated with attended or unattended car washes are required to provide a minimum of two (2) stacking spaces per vacuum.

(d)

Parking access from a public street—All districts.

(1)

In the approval of a detailed site plan, design consideration shall be given to providing entrance/exit drives which extend into the site to provide adequate queuing of vehicles on the site.

(2)

In all districts (except single-family and duplex zoning districts) building plans shall provide for entrance/exit drive(s) appropriately designed and located to minimize traffic congestion or conflict within the site and with adjoining public streets as approved by the city manager, or his/her designee.

a.

Based upon analysis by the city, if projected volumes of traffic entering or leaving a development are likely to interfere with the projected peak traffic flow volumes on adjoining streets, additional right-of-way and paving in the form of a deceleration lane or turn lane may be required of a developer in order to reduce such interference.

b.

The determination of additional right-of-way or paving requirements shall be made at the time the final site plan is submitted for approval.

(3)

Vehicular access to nonresidential uses shall not be permitted from alleys serving residential areas, and shall not be configured as "head-in" parking spaces which are accessed directly from the street.

(4)

Parking space configuration, location, arrangement, size and circulation in all districts shall be constructed according to Illustration 10.

(e)

Parking requirements based upon use.

(1)

In all districts, there shall be provided at the time any building or structure is erected or structurally altered, or change of use, off-street parking spaces in accordance with the following requirements:

a.

Accessory dwelling unit: One parking space in addition to the minimum parking for the primary dwelling unit. The parking space may be provided in a tandem fashion (behind another parking space).

b.

Automobile parts sales (indoors): One (1) space per two hundred (200) square feet of indoor floor area.

c.

Automobile sales or service: See motor-vehicle sales.

d.

Bank, savings and loan, or similar institution: One (1) space per two hundred fifty (250) square feet of gross floor area in addition to required stacking spaces (see subsection 22-33(c)(11)).

e.

Bed and breakfast facility: One (1) space per guest room in addition to the requirements for a normal residential use.

f.

Bowling alley or center: Six (6) parking spaces for each alley or lane.

g.

Bus or truck repair, storage area, or garage: One (1) space for each five hundred (500) square feet of floor area and repair garage with a minimum of five (5) spaces.

h.

Business or professional office (general): Five (5) spaces, or one (1) space per three hundred (300) square feet of gross floor area (except as otherwise specified herein), whichever is greater.

i.

Car wash (self-serve): One (1) space per washing bay or stall in addition to the washing areas/stalls themselves and required stacking spaces; Car wash (full service): One (1) space per one hundred fifty (150) square feet of floor area in addition to the required stacking spaces (also see subsection 22-33(c)(11)).

j.

Church, rectory, or other place of worship: One (1) parking space for each three (3) seats in the main auditorium/sanctuary (see subsection 22-33(f)(2)).

k.

College or university: One (1) space per three (3) day students (based upon maximum occupancy and/or enrollment numbers).

l.

Commercial amusement (indoor): One (1) space per one hundred (100) square feet of gross floor area, or as follows:

1.

Racquetball or handball courts - Three (3) spaces for each court.

2.

Indoor tennis courts - Six (6) spaces for each court.

3.

Gymnasium, skating rinks, and martial arts schools - One (1) space for each three (3) seats at a maximum seating capacity (based upon maximum occupancy), plus one (1) space for each two hundred (200) square feet.

4.

Swimming pool - One (1) space for each one hundred (100) square feet of gross water surface and deck area.

5.

Weight lifting or exercise areas - One (1) space for each one hundred (100) square feet.

6.

Indoor jogging or running tracks - One (1) space for each one hundred (100) linear feet.

7.

Motion picture theaters (which do not include live performances): a) one (1) space per three and one-half (3.5) seats for single-screen theaters; b) one (1) space per five (5) seats for motion picture theaters with two (2) or more screens (see subsection 22-33(f)(2)).

8.

Amusement center - One (1) space for each game table and one (1) space for each amusement device.

9.

Health club, health spa or exercise club - One (1) space per one hundred fifty (150) square feet of floor area.

10.

All areas for subsidiary uses not listed above or in other parts of this section (such as restaurants, office, etc.), shall be calculated in with the minimum specified for those individual uses.

m.

Commercial amusement (outdoor): Ten (10) spaces plus one (1) space for each five hundred (500) square feet over five thousand (5,000) square feet of building and recreational area.

1.

Golf course - Four (4) parking spaces per hole or green plus requirements for retail, office, and club house areas and one (1) space per each two (2) employees.

2.

Golf driving range - One and one-half (1.5) spaces for each driving tee.

n.

Commercial use: One (1) space per two hundred fifty (250) square feet of floor area.

o.

Community center, library, museum or art gallery: Ten (10) parking spaces plus one (1) additional space for each three hundred (300) square feet of floor area in excess of two thousand (2,000) square feet. If an auditorium is included as a part of the building, its floor area shall be deducted from the total and additional parking provided on the basis of one (1) space for each four (4) seats that it contains (see subsection 22-33(f)(2)).

p.

Convenience store (with gasoline pumps): One (1) space per two hundred (200) square feet of floor area, plus one (1) space for each gasoline pump unit (a unit may have up to six (6) nozzles for gasoline disbursement). Spaces within pump areas qualify as spaces for the parking requirement. If no gasoline sales are provided, then the parking requirements shall be the same as for a retail store. Adequate space shall be provided for waiting, stacking, and maneuvering automobiles for refueling. (See also section 22-37(b)(5)).

q.

Dance/aerobics studio, or assembly/exhibition hall without fixed seats: One (1) parking space for each one hundred (100) square feet of floor area thereof.

r.

Day nursery, day care center, kindergarten: One (1) space per ten (10) pupils (based upon maximum occupancy and/or licensing capacity), plus one (1) space per teacher, plus one (1) space for each bus or van stored on the property (and sized to accommodate the vehicle), plus required stacking spaces (see subsection 22-33(c)(11)).

s.

Defensive driving school/class: One (1) space for each classroom seat (see subsection 22-33(f)(2)).

t.

Event center: One (1) space for every three (3) persons to be accommodated in the facility under maximum occupancy. The maximum occupancy load shall be determined as prescribed in the city's adopted building codes.

u.

Fraternity, sorority or dormitory: One (1) parking space for each two (2) beds on campus, and one and one-half (1.5) spaces for each two (2) beds in off-campus projects.

v.

Freestanding ice machine: Three (3) spaces per machine.

w.

Furniture or appliance store, hardware store, wholesale establishments, clothing or shoe repair or service: two (2) parking spaces plus one (1) additional parking space for each three hundred (300) square feet of floor area over one thousand (1,000) square feet.

x.

Gasoline station: One (1) space per two hundred (200) square feet of floor area, plus one (1) space for each gasoline pump unit (a unit may have up to six (6) nozzles for gasoline disbursement). Spaces within pump areas qualify as spaces for the parking requirement. Adequate space shall be provided for waiting, stacking, and maneuvering automobiles for refueling. (See also section 22-37(b)(5)).

y.

General service mobile food unit: Three (3) spaces.

z.

Hospital: One (1) space for each two (2) beds or examination room, whichever is applicable; plus one (1) space for every two (2) employees during periods of full occupancy.

aa.

Hotel or motel: One (1) space per guest room, plus one (1) space per three (3) restaurant/lounge area seats (based upon maximum occupancy), plus one (1) space per 125 square feet of meeting/conference areas.

bb.

Industrial uses: One (1) space for each one thousand (1,000) square feet of floor area (one (1) space per three hundred (300) square feet for any office/administrative areas).

cc.

Institutions of a philanthropic nature: Ten (10) spaces plus one (1) space for each employee.

dd.

Library or museum: Ten (10) spaces plus one (1) space for every three hundred (300) square feet.

ee.

Lodge or fraternal organization: One (1) space per two hundred (200) square feet.

ff.

Lumber yard/home improvement center: One (1) space per four hundred (400) square feet display area, plus one (1) space per one thousand (1,000) square feet of warehouse.

gg.

Machinery or heavy equipment sales: One (1) space per five hundred (500) square feet of gross floor area.

hh.

Manufactured/mobile home or manufactured/mobile home park: Two (2) spaces for each manufactured/mobile home unit.

ii.

Manufacturing, processing or repairing: One (1) space for each two (2) employees or one (1) space for each one thousand (1,000) square feet of total floor area, whichever is greater.

jj.

Medical or dental office: One (1) space per two hundred (200) square feet of floor area. Facilities over twenty thousand (20,000) square feet shall use the parking standards set forth for hospitals.

kk.

Mini-warehouse: Three spaces per establishment if an office is located on-site, plus two (2) spaces for an on-site manager's residence (if applicable), plus one (1) appropriately sized space for any type of vehicle to be stored on-site (e.g., rental trucks, boats, RVs, etc.).

ll.

Mortuary or funeral home: One (1) parking space for each two hundred (200) square feet of floor space in slumber rooms, parlors or individual funeral service rooms, or one (1) space for each three (3) seats in the auditorium/sanctuary (see subsection 22-33(f)(2)), whichever is greater. Adequate on-site stacking spaces shall also be provided for the organization and forming of processions such that these activities do not cause excessive or extended traffic congestion/delays on a public roadway.

mm.

Motor-vehicle sales and new or used car lots: One (1) parking space for each five hundred (500) square feet of sales floor/office and other indoor uses, plus one (1) parking space for each one thousand (1,000) square feet of exterior lot area used for storage, sales and parking areas, plus one (1) parking space per repair bay in service areas (indoors or outdoors), plus one (1) parking space per service/towing vehicle to be stored on-site (required parking spaces are in addition to those to be used for the storage/display of vehicles for sale/lease).

nn.

Nursing home, convalescent home, or home for the aged: One (1) space per six (6) beds; plus one (1) parking space for each three hundred (300) square feet of floor area devoted to offices, cafeterias, exercise/therapeutic rooms, and other similar ancillary uses; plus one (1) space for every two (2) employees at full occupancy.

oo.

Office (administrative or professional): One (1) space for each three hundred (300) square feet of floor area.

pp.

Outdoor display: One (1) space for each six hundred (600) square feet of open sales/display area.

qq.

Personal service establishments: One (1) space per two hundred (200) square feet of gross floor area in addition to any required stacking spaces for drive-through facilities (see subsection 22-33(c)(11).).

rr.

Places of public assembly not listed: One (1) space for each three (3) seats provided (see subsection 22-33(f)(2)).

ss.

Real estate office: One (1) space for each two hundred (200) square feet.

tt.

Residential: See subsection 22-33(b) for the parking requirements for various types of residential development.

uu.

Restaurant, private club, night club, café or similar recreation or amusement establishment: One (1) parking space for each one hundred (100) square feet of seating/waiting area, or one (1) space for every three (3) seats under maximum seating arrangement (i.e., occupancy), whichever is greater; required parking spaces are in addition to any stacking spaces that may be required for drive-through facilities (see subsection 22-33(c)((11)).

vv.

Retail, except as otherwise specified herein: One (1) space per three hundred (300) square feet of gross floor area in addition to any required stacking spaces for drive-through facilities (see subsection 22-33(c)(11).).

ww.

Retirement housing for the elderly (independent living): One and one-half (1.5) spaces for each dwelling unit, plus any additional spaces for accessory retail, office, service or recreational uses.

xx.

Rooming or boarding house: One (1) parking space for each sleeping room, plus one (1) parking space for each host resident or employee during maximum (i.e., peak) shift.

yy.

Sanitarium or similar institution: One (1) parking space for each six (6) beds, plus one (1) parking space for every two (2) employees at maximum (i.e., peak) shift and full occupancy.

zz.

School, elementary (grades K—6): One (1) parking space for each fifteen (15) students (design capacity).

aaa.

School, secondary or middle (grades 7—8): One (1) parking space for each twelve (12) students (design capacity).

bbb.

School, high school (grades 9—12): One (1) space for each three (3) students, faculty and staff (design capacity).

ccc.

Storage or warehousing: One (1) space for each two (2) employees or one (1) space for each one thousand (1,000) square feet of total floor area, whichever is greater.

ddd.

Telemarketing: One (1) space for each two hundred fifty (250) square feet of floor space.

eee.

Theater, indoor or outdoor (live performances), sports arena, stadium, gymnasium or auditorium (except school auditorium): One (1) parking space for each three (3) seats or bench seating spaces (see subsection 22-33(f)(2)).

fff.

Truck stop/travel center: One (1) truck parking space for each ten thousand (10,000) square feet of site area, plus one (1) vehicle parking space per two hundred (200) square feet of retail/service building area (plus one (1) space per one hundred (100) square feet of restaurant/café floor area, if provided).

ggg.

Veterinarian clinic: One (1) space per three hundred (300) square feet of gross floor space.

hhh.

Warehouse or wholesale type uses: One (1) space for five thousand (5,000) square feet of gross floor area.

(f)

Rules for computing number of parking spaces. In computing the number of parking spaces required for each of the above uses, the following rules shall govern:

(1)

"Floor area" shall mean the gross floor area of the specific use.

(2)

"Seat" shall be interpreted as follows:

a.

For fixed (e.g., church pews, grandstands, benches, etc.) seating, one (1) seat equals one and one-half (1.5) feet of length; and

b.

For flexible (e.g., folding chairs, etc.) seating areas, one (1) seat equals eight (8) square feet of floor area occupied by such seating area (includes aisles).

(3)

For any type of use in section 22-33(e) above in which the number of seats is used to compute the required number of parking spaces, the city manager (or his/her designee) may, at his/her discretion, make a determination that the parking requirement shall instead be determined by the maximum occupancy load for the building (as prescribed in the city's building code) at a rate of one (1) parking space required for every three (3) persons to be accommodated in the facility at maximum occupancy.

(4)

Where fractional spaces result, the parking spaces required shall be construed to be the next higher whole number.

(5)

The parking space requirements for a new or unlisted use not specifically mentioned herein shall be the same as required for a use of similar nature. If the proposed use is not similar to any of the uses listed herein, a determination shall be made by the city manager, or his/her designee, in accordance with the requirements for the most closely related use specified in this section. In the event the applicant disagrees with this determination, then he/she may submit a request for determination by the planning and zoning commission and city council using the same process as provided in section 22-32(a)(4) for classifying new and unlisted uses.

(6)

Whenever a building or use is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of ten (10) percent or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change.

(7)

For buildings which have mixed uses within the same structure (such as retail and office), the parking requirement shall be calculated for the most intensive use. In cases where the design of the interior of the structure is not practical for alteration, the parking requirement may be calculated for each use within a structure for buildings over twenty thousand (20,000) square feet.

(8)

Shared parking may be allowed in the case of mixed uses (different buildings) under the following conditions. Up to fifty (50) percent of the parking spaces required for a theater or other place of evening entertainment (after 6:00 p.m.), or for a church, may be provided and used jointly by banks, offices, and similar uses not normally open, used, or operated during evening hours. Shared parking must be on the same parking lot. Reduction due to shared parking shall be determined by the city manager, or his/her designee. To assure retention of the shared parking spaces, each property owner shall properly draw and execute a document expressing the same and shall file this agreement with the City of Athens.

(g)

Location of parking spaces. All parking spaces required herein shall be located on the same lot, and within one hundred fifty (150) feet in the case of nonresidential buildings/uses, as the building or use served, except in the CBD district and as follows:

(1)

Where an increase in the number of spaces is required by a change or enlargement of an existing use, or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments, the required additional spaces may be located not to exceed three hundred (300) feet from any nonresidential building served.

(2)

In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, approval by the planning and zoning commission and city council is required according to the following criteria:

a.

Off-site parking may be permitted on an immediately contiguous lot or tract, or on a lot or tract within one hundred fifty (150) feet of such building or structure providing:

1.

That a permanent, irrevocable easement of the parking facilities in favor of the premises to be benefitted shall be dedicated and recorded as a condition of such use; or

2.

That a long-term remote parking lease agreement be provided upon approval by the city as a condition of such use.

(h)

Use of required parking spaces, nonresidential districts. Required off-street parking and loading spaces shall be used only for these respective purposes and shall not be used for refuse containers, cart corrals, recycling kiosks, signs or sign support structures, telecommunications towers or support structures, storage or permanent display of boats, trailers, campers, motor vehicles or other goods, materials or products for sale, lease or rent.

(i)

Fire lanes. Fire lanes shall be provided in all multi-family, single-family attached, manufactured home, and nonresidential developments. Fire lanes shall be a minimum width of twenty-four (24) feet of paving, and shall have a minimum inside turning radius at curves of twenty (20) feet, or as required by the fire code and/or the fire chief of the City of Athens. The minimum overhead vertical clearance over any portion of a fire lane shall be fourteen (14) feet.

(Ord. No. O-40-16, 9-12-16; Ord. No. O-11-17, 2-27-17; Ord. No. O-26-17, 7-10-17; Ord. No. O-18-18, § 1, 4-23-18; Ord. No. 2022-O-136, § 1, 9-26-22; Ord. No. 2024-O-047, § 2, 3-25-24; Ord. No. 2024-O-048, § 1, 3-25-24)

(a)

Purpose. Landscaping is accepted as adding value to property and is in the interest of the general welfare of the city. The provision of landscaped areas also serves to increase the amount of a property that is devoted to pervious surface area which, in turn, helps to reduce the amount of impervious surface area, storm water runoff, and consequent non-point pollution in local waterways. Therefore, landscaping is hereafter required of new development, except single- and two-family and agricultural uses, adjacent to public streets. Single- and two-family uses are generally not required to provide extensive landscaping at the time of development because they rarely fail to comply with the requirements set forth herein.

(b)

Scope and enforcement. The standards and criteria contained within this section are deemed to be minimum standards and shall apply to all new or altered construction occurring within the city, except that single-family or duplex dwellings shall be exempt. Additionally, any use requiring a specific use provision or a PD zoning designation must comply with these landscape standards unless special landscaping standards are otherwise provided for in the ordinance establishing the SUP or PD district. The provisions of this section shall be administered by the city manager, or his/her designee. The landscape standards in this section apply only to nonresidential and multi-family developments (including uses such as schools, day care centers, and churches within a residential zoning district).

If at any time after the issuance of a certificate of occupancy, the approved landscaping is found to be not in conformance with the standards and criteria of this section, the city manager (or his/her designee) shall issue notice to the owner, citing the violation and describing what action is required to comply with this section. The owner, tenant or agent shall have thirty (30) days from date of said notice to establish/restore the landscaping, as required. If the landscaping is not established/restored within the allotted time, then such person shall be in violation of this chapter.

(c)

Permits. No permits shall be issued for building, paving, grading or construction until a detailed landscape plan is submitted and approved by the city manager, or his/her designee, along with the site plan and engineering/construction plans. A conceptual or generalized landscape plan shall be required as part of the site plan submission, as required in section 22-12. Prior to the issuance of a certificate of occupancy for any building or structure, all screening and landscaping shall be in place in accordance with the landscape plan.

In any case in which a certificate of occupancy is sought at a season of the year in which the city manager, or his/her designee, determines that it would be impractical to plant trees, shrubs or groundcover, or to successfully establish turf areas, a temporary certificate of occupancy may be issued provided a letter of agreement from the property owner is submitted that states when the installation shall occur. All landscaping required by the landscaping plan shall be installed within six (6) months of the date of the issuance of the certificate of occupancy.

(d)

Landscape plan. Prior to the issuance of a building, paving, grading or construction permit for any use other than single-family detached or duplex dwellings, a landscape plan shall be submitted to the city manager, or his/her designee. The city manager, or his/her designee, shall review such plans and shall approve same if the plans are in accordance with the criteria of these regulations. If the plans are not in conformance, they shall be disapproved and shall be accompanied by a written statement setting forth the changes necessary for compliance.

Landscaping plans shall be prepared by a person knowledgeable in plant material usage and landscape design (e.g., landscape architect, landscape contractor, landscape designer, etc.) and shall contain the following minimum information:

(1)

Minimum scale of one (1) inch equals fifty (50) feet; show scale in both written and graphic form.

(2)

Location, size and species of all existing trees that are greater than or equal to a six-inch caliper size (do not use "tree stamps" unless they indicate true size and location of trees).

(3)

Location and planting design of all new plant and landscaping materials to be used, including plants, paving, benches, screens, fountains, statues, earthen berms, ponds (to include depth of water), topography of site, and all other landscape features.

(4)

Species and common names of all plant materials to be used.

(5)

Size of all plant material to be used (container size, planted height, etc.).

(6)

Spacing of plant material where appropriate.

(7)

Layout and description of irrigation, sprinkler, or water systems including location of water sources.

(8)

Description of maintenance provisions.

(9)

Name and address of the person(s) responsible for the preparation of the landscape plan.

(10)

North arrow/symbol, and a small map showing where the property is located.

(11)

Date of the landscape plan.

(e)

General standards. The following criteria and standards shall apply to landscape materials and installation:

(1)

All required landscaped open areas shall be completely covered with living plant material. Landscaping materials such as wood chips and gravel may be used under trees, shrubs and other plants, but shall not comprise a significant portion of the total landscaped area.

(2)

Plant materials shall conform to the standards of the current edition of the "American Standard for Nursery Stock" (as amended), published by the American Association of Nurserymen. Grass seed, sod and other material shall be clean and reasonably free of weeds and noxious pests and insects.

(3)

Trees shall have an average crown spread of greater than fifteen (15) feet at maturity. Trees having a lesser average mature crown of fifteen (15) feet may be substituted by grouping the same so as to create the equivalent of fifteen (15) feet of crown spread. Trees shall be a minimum of two (2) inches in caliper (as measured twenty-four (24) inches above the ground) and seven (7) feet in height at time of planting.

(4)

Hedges, where installed for screening purposes, shall be planted and maintained so as to form a continuous, unbroken, solid visual screen which will be six (6) feet high within three (3) years after time of planting (except for parking lot/headlight screens, which shall form a continuous, solid visual screen three (3) feet high within two (2) years after planting).

(5)

Grass areas shall be sodded, plugged, sprigged, hydro-mulched and/or seeded, except that solid sod shall be used in swales, earthen berms or other areas subject to erosion.

(6)

Ground covers used in lieu of grass in whole and in part shall be planted in such a manner as to present a finished appearance and reasonably completed coverage within one (1) year of planting.

(7)

Any trees preserved on a site meeting the herein specifications may be credited toward meeting the tree requirement of any landscaping provision of this section according to the following table:

Should any required tree designated for preservation in the landscape plan die, the owner shall replace the tree with a two (2) inch minimum caliper tree in accordance with the credits listed above. The caliper size of existing trees shall be measured at forty-eight (48) inches above natural grade. No living trees greater than six (6) inches in caliper may be cut, destroyed or damaged on the development site until approved as part of the site plan requirements in this chapter, and such trees shall be preserved and protected, wherever possible.

(8)

Earthen berms shall have side slopes not to exceed 33.3 percent (three (3) feet of horizontal distance for each one (1) foot of vertical height). All berms shall contain necessary drainage provisions as may be required by the city's engineer.

(f)

Minimum landscaping requirements for nonresidential and multi-family.

(1)

For all nonresidential and multi-family developments (including schools, churches, day care centers, and other similar uses in a residential district), at least ten (10) percent of the lot shall be permanently landscaped area (i.e., pervious surface area). The required landscaped area shall be defined as the total square footage of the lot minus the area occupied by any structure, parking area, sidewalk, or other paved or impervious surface area.

(2)

A minimum ten-foot landscape buffer (interior parkway) adjacent to the right-of-way of any major thoroughfare street is required. Corner lots fronting two (2) major thoroughfares shall be required to observe the ten-foot buffer on both street frontages. All other street frontages shall observe a minimum five-foot landscape buffer. Developers shall be required to plant one (1) tree per five thousand (5,000) square feet (or portion thereof) of lot area. Trees within street rights-of-way shall not count toward the number of trees required for a development site.

(3)

All existing trees which are to be preserved shall be provided with undisturbed, permeable surface area under (and extending outward to) the existing dripline of the tree. All new trees shall be provided with a permeable surface under the dripline that is a minimum of four (4) feet by four (4) feet in size.

(4)

Necessary driveways from the public right-of-way shall be permitted through all required landscaping in accordance with City regulations.

(g)

Tree preservation.

(1)

During any construction or land development, the developer shall clearly mark all trees to be preserved/retained on-site, and may be required to erect and maintain protective barriers around all such trees or groups of trees. The developer shall not allow the movement of equipment or the storage of equipment, materials, debris or fill to be placed within the dripline of any trees that are designated for preservation. Trees located where buildings are shown on an approved site plan are exempt and may be removed upon issuance of a tree removal permit (see subsection (2) below).

During the construction stage of development, the developer shall not allow cleaning of equipment or material under the canopy of any tree or group of trees that are being preserved. Neither shall the developer allow the disposal of any waste/toxic material such as, but not limited to, paint, oil, solvents, asphalt, concrete, mortar, etc., under the canopy of any tree or groups of trees to remain.

No attachment or wires of any kind, other than those of a protective or supportive nature, shall be attached to any tree.

(2)

Tree removal. No person shall, directly or indirectly, cut down, destroy, remove, or effectively destroy through damaging, any tree that is six (6) inches or larger in caliper size (as measured forty-eight (48) inches above the ground at the trunk) on any nonresidential or multi-family property within the City of Athens without first obtaining a tree removal permit as provided by this section.

a.

Permit required. Trees shall not be damaged, destroyed or removed prior to the issuance of a tree removal permit, nor until the city manager (or his/her designee) approves removal of trees due to the following:

1.

Said trees are injured, dying, diseased or excessively infested with harmful insects; or

2.

Said trees are in danger of falling, interfering with utility services, or creating an unsafe visual obstruction; or

3.

Said trees create a hazardous or dangerous condition so as to endanger the public health, safety or welfare.

b.

Utility companies shall be exempt from authorization of the city manager (or his/her designee) when public health, safety or welfare of the general citizenship is in danger.

c.

Under no circumstances shall the clear-cutting of trees, six-inch caliper size and larger (as measured forty-eight (48) inches above the ground at the trunk), on any nonresidential or multi-family property within the City of Athens be allowed prior to the issuance of a tree removal permit for said property (except where buildings are located, according to an approved site plan). Any tree removed will be required to follow the guidelines of this chapter.

d.

Penalties for unauthorized removal of trees. If any trees are removed from any nonresidential or multi-family property, including any injury to a tree resulting from the developer's or contractor's failure to follow required tree protection measures that causes or may reasonably be expected to cause the tree to die, the property owner shall be determined to be in violation of this chapter. Each and every tree removed in violation of this chapter shall constitute a separate and distinct offense, and shall be subject to the penalties provided in section 22-44 of this chapter.

e.

Application for tree removal permit. Tree removal permits for the removal of trees shall be obtained by making application to the city building department, on a form provided by the city, and shall be subject to the following procedures:

1.

Review of application for tree removal permit - Upon receipt of a proper application for a tree removal permit, accompanied by an administrative fee in accordance with schedule A [section 5-5 of the Code of Ordinances] per permit application, the city building official or designee shall review the application and may conduct field inspections of the development.

2.

The application for a tree removal permit (if applicable) shall be considered an integral part of the application for site plan approval (see section 22-12), and no site plan or development plan for any development that is subject to the provisions of this section shall be approved without approval of the required tree removal permit.

3.

Denial of an application for a tree removal permit may be appealed (in writing) to the city council.

(h)

Sight distance and visibility.

(1)

Rigid compliance with these landscaping requirements shall not be such as to cause visibility obstructions and/or blind corners at intersections. Whenever an intersection of a street(s), alley and/or driveway occurs, a triangular visibility area shall be created (see section 22-37(i)). Landscaping within the triangular visibility area shall be designed to provide unobstructed cross-visibility at a level between twenty-four (24) inches and eight (8) feet above the ground. Single-trunked trees may be permitted in this area provided they are trimmed in such a manner that no limbs or foliage extend into the cross-visibility area and provided that their trunks, when mature in size, will not produce a "picket fence" effect which would hinder visibility.

(2)

Landscaping, except required grass and low ground cover, shall not be located closer than three (3) feet from the edge of any accessway pavement.

(3)

In the event other visibility obstructions are apparent in the proposed landscape plan, as determined by the city manager, or his/her designee, the requirements set forth herein may be reduced to the extent to remove the conflict.

(i)

Maintenance.

(1)

The owner, tenant and/or their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include, but not to be limited to, mowing (of grass six (6) inches or higher), edging, pruning, fertilizing, watering, weeding, and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter, weeds, and other such material or plants not a part of the landscaping. All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Plant materials which die shall be replaced with plant material of similar variety and size, within one hundred twenty (120) days. Trees with a trunk diameter in excess of six (6) inches measured twenty-four (24) inches above the ground may be replaced with ones of similar variety having a trunk diameter of no less than two (2) inches measured twenty-four (24) inches above the ground. A time extension may be granted by the city manager, or his/her designee, if substantial evidence is presented to indicate abnormal circumstances beyond the control of the owner or his/her agent.

(2)

Failure to maintain any landscape area in compliance with this section is considered a violation of this section and may be subject to penalties of section 22-44.

(Ord. No. O-23-16, § I, 6-13-16; Ord. No. O-24-16, § 1, 6-13-16)

(a)

Accessory buildings.

(1)

Residential accessory buildings.

a.

In a residential district, an accessory building is a subordinate or incidental building, detached from the main building, not used for commercial purposes and not rented. Accessory buildings shall not be permitted without a main building or primary use being in existence.

b.

Maximum height.

1.

Agriculture districts.

(i)

Forty-five (45) for agricultural structures (e.g., barns, silos, water towers, etc.), provided they are no closer than one hundred (100) feet from any residential structure on the premises, and they are set back at least one hundred (100) feet or three (3) times their height (whichever is greater) from any residential structure on adjacent property.

(ii)

Twenty-five (25) feet for other accessory buildings.

2.

Single-family and multi-family districts - one (1) story, unless approved by a specific use permit.

c.

Size of yards.

1.

Front yard - Carports and garages are allowed in front of the main building provided they meet the front yard setback requirements for the main building. Other detached accessory buildings shall be prohibited in front of the main building and shall be located toward the rear of the property.

2.

Side yard - There shall be a side yard not less than three (3) feet from any side lot line, or alley line for any accessory building provided that such building is separated for the main building by a minimum distance of ten (10) feet. Garages or carports located and arranged to be entered from the side yard shall have a minimum distance of twenty-five (25) feet from the side lot line. Carports or garages arranged to be entered from the side yard, facing a public street, shall have a minimum distance equal to the required yard for the main building or twenty-five (25) feet whichever is greater. Other setback requirements apply to certain agricultural structures as outlined above.

3.

Rear yard - There shall be a rear yard not less than three (3) feet from any rear lot line, except that;

(i)

Garages or carports that are arranged as to be entered by a motor vehicle from an alley or access easement shall be set back from the rear property line or access easement line a minimum distance of twenty-five (25) feet.

(ii)

Where apartments are permitted, the main building and all accessory buildings shall not cover more than sixty (60) percent of that portion of the lot lying to the rear of a line erected joining the midpoint of one (1) side lot line with the midpoint of the opposite side lot line;

(iii)

Setbacks for carports shall be measured from the outermost limits of the roof nearest to the property line or access easement. (See Illustration 4).

d.

Area regulations - The combined square footage of all accessory buildings shall be no more than one-half (½) the square footage of the main structure, except for in agriculture and single-family—15 zoning districts.

e.

Separation requirements - The minimum separation distance from the main building to an accessory building shall be ten (10) feet.

f.

Single-family residential cottage housing 55+ district - Garages and/or carports shall conform to the main building with respect to color, style and materials.

(2)

Business or industry accessory buildings.

a.

In a commercial district, an accessory building is a subordinate building to the main building, and that is used for purposes accessory and incidental to the main use. Accessory buildings should be located to the rear portion of the property.

b.

Maximum height - One (1) story, except for certain unoccupied structures located in industrial districts. (See section 22-29(c)).

c.

Size of yards - Same as for main structures in corresponding zoning districts.

d.

Area regulations - The area shall not exceed fifty (50) percent of the floor area of the main building.

(b)

Accessory dwelling units.

(1)

An accessory dwelling unit is a detached, subordinate or incidental dwelling unit located on a single-family residential property. Accessory dwelling units shall be located toward the rear portion of the property. Accessory dwelling units shall not be used for commercial purposes. Accessory dwelling units shall not be permitted without a main building or primary use being in existence.

(2)

Maximum height - One (1) story, unless approved by a specific use permit.

(3)

Size of yards.

a.

Front yard - Accessory dwelling units shall be prohibited in front of the main building. Accessory dwelling units shall be separated from the main structure by a minimum of ten (10) feet.

b.

Side yard - There shall be a side yard not less than ten (10) feet from any side lot line or access easement. Accessory dwelling units with attached garages or carports located and arranged to be entered from the side yard shall have a minimum distance of twenty-five (25) feet from the side lot line. Accessory dwelling units with attached carports or garages arranged to be entered from the side yard, facing a public street, shall have a minimum distance equal to the required yard for the main building or twenty-five (25) feet whichever is greater.

c.

Rear yard - There shall be a rear yard not less than ten (10)) feet from any lot line or access easement, except that no more than fifty (50) percent of the rear yard may be covered by an accessory dwelling unit. Accessory dwelling units with attached garages or carports that are arranged as to be entered by a motor vehicle from an alley or access easement shall be set back from the rear property line or access easement line a minimum distance of twenty-five (25) feet.

(4)

Area regulations - The area of an accessory dwelling unit shall be a minimum of four hundred (400) square feet in area and shall be a maximum of one thousand (1,000) square feet in area, unless approved by a specific use permit. The area of the accessory dwelling unit shall not exceed fifty (50) percent (50%)of the area of the main structure.

(Ord. No. O-08-03, 3-24-03; Ord. No. O-52-16, 10-10-16; Ord. No. O-18-18, § 1, 4-23-18; Ord. No. O-6-19, § 35, 1-28-19; Ord. No. O-32-19, § 35, 3-25-19)

(a)

Purpose. To encourage the most appropriate use of land and conserve and protect the privacy and value of adjacent permitted uses. Regulations are prescribed for the location and type of various screening devices to be used when required in the various zoning districts or in this section in accordance with the following standards.

(b)

Screening of nonresidential, multi-family areas and manufactured/mobile home parks.

(1)

In the event that multi-family, nonresidential uses, or manufactured/mobile home parks side or back upon a single-family, two-family or residential PD district, or in the event that any nonresidential district sides or backs upon a multiple-family district, a solid brick/masonry screening wall of not less than six (6) feet, nor more than eight (8) feet, in height shall be erected on the property line separating these districts. The purpose of the screening wall or fence is to provide a visual and protective barrier between the properties.

a.

The owner of the multi-family property shall be responsible for and shall build and maintain the required wall on the property line dividing the property from the single-family or duplex residential district. This construction requirement applies only when multi-family is adjacent to residential uses.

b.

When screening is required between nonresidential and residential uses, it shall be the responsibility of the nonresidential use to construct and maintain the screening wall.

c.

Any screening wall or fence required under the provisions of this section or under a specific use provision, planned development district, or other requirement shall be constructed of masonry, reinforced concrete, wood or other similar suitable materials which do not contain openings. All wall or fence openings shall be equipped with gates equal in height and screening characteristics to the wall or fence.

d.

Alternative equivalent screening may be approved through the site plan approval process, section 22-12.

(2)

In nonresidential and multi-family zoning districts, no fence or wall shall be erected in any front yard or side yard which is adjacent to a public street unless the fence/wall is required to screen the development from an adjacent residential area (particularly if the residence has, or could have, a back yard fence that would be exposed to view from the street if the required screening wall were not extended out to the street right-of-way line). In this case, the screening fence/wall shall be extended out to the street right-of-way line by the developer of the nonresidential or multi-family development, and the fence/wall shall be finished on both sides in a manner/color that is compatible to the exterior finish materials used on the nonresidential or multi-family buildings. Screening fences/walls shall be placed such that they do not impede visibility for vehicles entering or exiting the nonresidential or multi-family development (see section 22-37(i) for sight visibility requirements).

(3)

All fences require permits. An administrative fee must be paid at the time of permit application (see appendix A-6).

(4)

See section 22-37(i) for sight visibility requirements for fences and screening walls.

(5)

Open storage of materials, commodities or equipment (see section 22-32, zoning districts permitting outside storage) shall be screened with a minimum six-foot tall fence or wall, and shall not be visible from the street. (See appendix A-3 definition of outside storage.)

(6)

In districts permitting open storage, screening shall be required only for those areas used for open storage. A six-foot tall screening fence or wall shall be provided and maintained at the property line adjacent to the area to be screened by one or a combination of the following methods:

a.

Solid masonry (brick, concrete block or concrete panels).

b.

Chain link with privacy slats or chain link with solid landscape screening (opaque within three (3) years of planting).

c.

Wrought iron with solid landscape screening (opaque within three (3) years of planting).

d.

Alternate equivalent screening may be approved through the site plan approval process under section 22-12.

No outside storage may exceed the height of the fence. Outside storage exceeding eight (8) feet shall require a specific use provision.

(7)

Refuse storage areas which are not located behind a building and are visible from a public right-of-way, a street, or a residential area for all nonresidential, multi-family and manufactured/mobile home park uses shall be visually screened by a minimum six-foot tall solid masonry wall on at least three (3) sides (see Illustration 11 for refuse container enclosure diagrams). The fourth side, which is to be used for garbage pickup service, may provide an optional gate to secure the refuse storage area. Alternate equivalent screening methods may be approved through the site plan approval process, section 22-12. Each refuse facility shall be located so as to facilitate pickup by refuse collection agencies. Adequate reinforced paved areas shall be provided for refuse facilities and their approaches for loading and unloading, as per Illustration 11.

(8)

Plans and specifications for screening and/or fencing around ground-mounted utility structures (e.g., transformers, natural gas regulating stations, etc.) shall be approved in writing by the affected utility company, and shall be submitted, along with an approval letter/document from the utility company, to the city manager (or his/her designee) for review and approval prior to construction of said screening/fencing.

(c)

Fences in residential areas.

(1)

Any fence or wall located to the rear of the minimum required front yard line shall not exceed eight (8) feet in height.

(2)

Except as provided by [subsection a.] below, no fence or wall shall be permitted within the required front yard of any single-family or duplex residential lot which is adjacent to a public street.

a.

Decorative fences with openings not less than fifty (50) percent of the fence area and not exceeding four (4) feet in height are permitted in front yard areas adjacent to public streets. Woven wire mesh or similar materials not considered decorative fencing shall not be used in the front yard area. A chain link fence may be constructed in the front yard area if it is adjacent to an existing chain link fence.

(3)

Fences or walls shall be placed so as not to interfere with the maintenance of any utilities or with emergency access into a property. The city shall not be responsible for the replacement of fences or walls built over or within dedicated utility easements if the fence or wall must be removed for maintenance or emergency access purposes. In order to facilitate ingress for public safety and utility company personnel, at least one (1) pedestrian gate, not less than three (3) feet wide, shall be required on each fence or wall section that is adjacent or parallel to a public right-of-way or a utility easement.

(4)

No fence or wall shall be constructed or placed within ten (10) feet of the back of the street curb or, if no curb is present, within ten (10) feet of the edge of the street or alley pavement regardless of the location of the property line.

(5)

All fences require permits. An administrative fee must be paid at the time of permit application (see appendix A-6).

(6)

No barbed wire or electrical fencing shall be allowed except as used for farm or ranching purposes on undeveloped land over one (1) acre in size.

(7)

The minimum gauge of wire for a wire mesh fence shall be not less than eleven and one-half (11.5), and the minimum wire mesh size shall not be less than two and one-quarter inches.

(8)

Gates designed for vehicular access shall be set back a distance off of the property line to allow vehicle to be totally off of the roadway before passing through gate.

(9)

Swimming pools shall be enclosed by a security fence not less than six (6) feet in height. All swimming pool security fences shall be constructed so as not to have openings, holes or gaps larger than two (2) inches in dimension, except for doors and gates. All doors and gates shall be equipped with self-closing, self-latching devices. Solid wood fences along property lines which surround the swimming pool may also satisfy this screening requirement. Fences around swimming pools shall also comply with the Standard Swimming Pool Code and with any other City of Athens codes/ordinances pertaining to same.

(10)

See section 22-37(i) for sight visibility requirements for fences and screening walls.

(11)

Special purpose fencing, such as fencing around tennis courts, is permitted (permit required).

(Ord. No. O-08-03, 3-24-03)

(a)

Measuring setbacks. All setback measurements shall be made in accordance with Illustrations 6, 7 and 8.

(b)

Configuration of lots. Wherever possible, flag lots (i.e., lots with minimal, or panhandle type, frontage) shall be avoided. Similarly, through (i.e., double frontage) lots (particularly within residential zoning districts) shall also be avoided wherever possible. (Also see subdivision ordinance for regulations pertaining to the configuration of lots.)

(c)

Front yard.

(1)

On all corner lots, the front yard setback shall be observed along the frontage of both intersecting streets, unless approved specifically otherwise on a final plat (see Illustration 9 and section 22-37(c)(1)). Where a single-family or duplex lot has double frontage, extending from one street to another, or it is located on a corner, a front yard shall be required on both street frontages unless a side or rear yard building line has been established along one frontage on the plat and the side or rear yard is not directly abutting a front yard on another lot (i.e., it is physically separated from the adjacent lot by an alley, street right-of-way, creek/flood plain area, or some other similar feature by a distance of fifteen (15) feet or more), in which event only one (1) required front yard need be observed (see section 22-37(c)(1)). The side and/or rear yards in the case of single-family and duplex uses shall be identified and the front of the structure shall not face the side or rear yard (see Illustration 9).

(2)

Where the frontage on one (1) side of a street between two (2) intersecting streets is divided by two (2) or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage (see Illustration 3). Similarly, the front/side yards of a lot which has more than one (1) street frontage shall conform to the setback lines established by the immediately adjacent lot(s) such that the setbacks along the block face are uniform (i.e., consistent, not staggered). At least one (1) front yard setback shall be provided for every lot/parcel.

(3)

The front yard shall be measured from the property line to the front face of the building, to the nearest supporting member of a covered porch or terrace, or to any attached accessory building. Eaves and roof extensions or a porch without posts or columns may project into the required front yard for a distance not to exceed four (4) feet, and subsurface structures, platforms or slabs may not project into the front yard to a height greater than thirty (30) inches above the average grade of the yard (see Illustration 4).

(4)

Minimum lot widths for lots with predominate frontage on the curved radius of a street (e.g., cul-de-sac or "eyebrow" portion of a street) shall be measured as the linear distance of the curved front building line, and shall be shown on the subdivision plat. Minimum lot widths for all lots shall be as set forth in the respective zoning district for each lot.

(5)

Gasoline service station pump islands that parallel a public street may be located a minimum of eighteen (18) feet to the property line adjacent to a public street. For pump islands that are perpendicular or diagonal to a public street, the setback shall be thirty (30) feet in order to prevent vehicles stacking out into the street while waiting for a pump position. Pump islands may extend beyond the front building line as described above (provided that all other requirements of this chapter are met), but shall not be closer than fifteen (15) feet to any property line that is not adjacent to a public street.

(6)

Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot abuts, then the front, side, or rear yard shall be measured from the future right-of-way line.

(d)

Side yards.

(1)

On a corner lot used for a single- or two-family dwelling, both street frontages shall be treated as front yards on all lots platted after April 9, 1962 (pursuant to the Subdivision Ordinance, Ordinance No. A-186), except that one (1) street exposure may be designated as a side yard for the corner lot if an alley, street right-of-way, creek/flood plain area, or other similar phenomenon physically separates the corner lot from the adjacent lot by a distance of fifteen (15) feet or more. In such case, a building line may be designated as a side yard (as determined by the applicable zoning district standards). On lots which were official lots of record prior to the effective date of this chapter, the minimum side yard adjacent to a side street shall comply with the minimum required side yard for the respective district.

(2)

Every part of a required side yard shall be open and unobstructed except for the ordinary projections of window sills, belt courses, cornices, and other architectural features not to exceed twelve (12) inches into the required side yard, and roof eaves projecting not to exceed thirty-six (36) inches into the required side yard. Air conditioning compressors and similar equipment are permitted in the side yard.

(3)

Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot abuts, then the front, side, or rear yard shall be measured from the future right-of-way line.

(e)

Rear yards.

(1)

Slabs, driveways, porches and similar surfaces may be constructed in the rear yard area.

(2)

Every part of a required rear yard shall be open and unobstructed except for the ordinary projections of window sills, belt courses, cornices, and other architectural features not to exceed twelve (12) inches into the required rear yard, and roof eaves projecting not to exceed thirty-six (36) inches into the required rear yard. Air conditioning compressors and similar equipment are permitted in the rear yard.

(3)

Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot abuts, then the front, side, or rear yard shall be measured from the future right-of-way line.

(f)

Special height regulations.

(1)

In the districts where the height of buildings is restricted to two (2) to three (3) stories, cooling towers may extend for an additional height not to exceed fifty (50) feet above the average grade line of the building. Water stand pipes and tanks, church steeples, domes and spires, school buildings, and institutional buildings may be erected to exceed the height limit, as specified in the particular zoning district, provided that one additional foot shall be added to the width and depth of front, side, and rear yards for each foot that such structures exceed the district height limit.

(2)

Airport height exceptions. In any district, no structure shall be erected which exceeds the maximum heights permissible under the rules of the Federal Aviation Administration (FAA), and further provided that no structure shall be erected within seven hundred fifty (750) feet of the projected centerline of a runway for a distance of five hundred (500) feet from the boundary of the airport.

(g)

Communications antennas and support structures/towers.

(1)

In all residential zoning districts (A, SF-15, SF-10, SF-7, SF-5, SF-PH, MF-2, SFA, MF-4, MF-5 and MH), commercial antennas and antenna support structures are prohibited, except as specified within this section with a specific use permit.

a.

A commercial antenna may be attached to a utility structure (e.g., electrical transmission/distribution tower, elevated water storage tank, etc.) exceeding fifty (50) feet in height, provided that the antenna does not extend more than ten (10) feet above the height of the utility structure (see section 22-37(f)(3) below).

b.

A commercial antenna may be placed wholly within any building permitted in the zoning district (see section 22-37(f)(3) below). A commercial antenna may be mounted flush to the exterior of a building/structure if it is painted and/or disguised to integrate into the overall architectural design and is not readily visible/identifiable as an antenna from public roadways or neighboring residential properties.

(2)

In nonresidential zoning districts (O, R, CBD, C and I), commercial antennas and antenna support structures are allowed as follows with a specific use permit:

a.

Commercial antenna support structures may be freestanding. In all nonresidential zoning districts, antenna support structures must meet the setback requirements from all adjacent property lines and as specified in this section.

b.

A commercial antenna may be attached to a utility structure (e.g., electrical transmission/distribution tower, elevated water storage tank, etc.) exceeding fifty (50) feet in height, provided that the antenna does not extend more than ten (10) feet above the height of the utility structure (see section 22-37(f)(3) below).

c.

A commercial antenna may be placed wholly within any building permitted in the zoning district (see section 22-37(f)(3) below). A commercial antenna may also be mounted flush to the exterior of a building/structure if it is painted and/or disguised to integrate into the overall architectural design and is not readily visible/identifiable as an antenna from public roadways or neighboring residential properties.

(3)

No commercial antenna support structure shall be closer to any property line or residential dwelling than a distance greater than or equal to one time the radius of the collapse zone of the support structure as designed by a registered engineer in the State of Texas. Such setback/distance shall be measured as the shortest possible distance in a straight line from the structure to the closest point of a property line or residential dwelling. Setbacks from property lines do not apply to antennae attached to utility structures exceeding fifty (50) feet in height, or to antennae placed wholly within or mounted upon a building.

(4)

No amateur or commercial antenna, antenna support structure, microwave reflector/antenna, or associated foundations or support wires or appurtenances shall be located within any required setback area for the front, side or rear yards.

(5)

Antennae (amateur or commercial) shall not interfere with radio or television reception of adjoining property owners, and shall comply with all regulations of the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA), and/or all other federal, state applicable and local authorities. In no manner shall the use of such equipment infringe upon adjoining property owners.

(6)

Satellite dishes and other similar antennas shall be permitted on the roof of a building, as long as satellite dishes do not exceed three (3) feet in diameter and antennas do not extend over twelve (12) feet above the roof of the building. Any parabolic or satellite dish antenna over three (3) feet in diameter may not be mounted on the roof of a building. Roof-mounted antennae that comply with the above do not require additional yard setbacks or setbacks from residential areas or dwellings.

(7)

Only one (1) satellite dish shall be permitted per residential lot or primary structure, except that a maximum of two (2) dishes shall be allowed if both units are three (3) feet or less in diameter. Satellite dishes in any residential district shall not exceed twelve (12) feet in diameter.

(8)

All commercial signs, flags, lights and attachments other than those required for communications operations, structural stability, or as required for flight visibility by the FAA and FCC shall be prohibited on any antenna or antenna support structure.

(9)

All publicly owned antennae or antenna support structures shall be permitted in any district by specific use permit (e.g., public safety communications, etc.).

(h)

Minimum dwelling unit area. Minimum dwelling unit areas specified in this chapter shall be computed exclusive of breezeways, garages, open porches, carports and accessory buildings.

(i)

Open storage areas. Open storage of materials, commodities or equipment (where allowed in the specific zoning district) shall be located behind the front building line and shall observe all setback requirements for the main structure or building. This standard does not apply to outside display (see definition of outside display in appendix A-3; see screening requirements in section 22-36).

(j)

Sight visibility.

(1)

Visual clearance shall be provided in all zoning districts so that no fence, wall, architectural screen, earth mounding, landscaping or other feature obstructs the vision of a motor vehicle driver approaching any street, alley, or driveway intersection. Whenever an intersection of a street(s), alley, and/or driveway occurs, a triangular visibility area shall be created. Landscaping, fences, walls, earthen berms and other features within the triangular visibility area shall be designed so as to provide unobstructed cross-visibility at a level between twenty-four (24) inches and eight (8) feet above the ground. The triangular areas are defined as follows:

a.

Alley intersects a public street right-of-way. The areas on both sides of the intersection of an alley and a public street shall have a triangular visibility area with two (2) sides of each triangle being a minimum of ten (10) feet in length from the point of intersection, and the third side being a line connecting the ends of the other two (2) sides (see Illustration 12).

b.

Street intersection or intersection of private driveway onto a public street. These areas shall have a triangular visibility area with two (2) sides of each triangle being a minimum of twenty-five (25) feet in length along the right-of-way lines (or along the driveway curb line and the street right-of-way line) from the point of the intersection, and the third side being a line connecting the ends of the other two (2) sides (see Illustration 12).

(2)

Shrubs and plant materials that are typically less than twenty-four (24) inches in height at maturity may be located within sight visibility areas provided that they are kept maintained at a maximum height of twenty-four (24) inches.

(3)

A limited number of single-trunked trees having a clear trunk (i.e., branching) height of at least eight (8) feet may be located within sight visibility areas provided that they are trimmed in such a manner that no limbs or foliage extend into the cross-visibility area defined above, and provided that they are spaced and positioned such that their trunks will not produce a visibility inhibiting, "picket-fence" effect when they attain mature size.

(k)

Nonresidential structures in residential districts.

(1)

Nonresidential structures (e.g., churches, schools, day care centers, etc.) which are permitted in residential zoning districts (A, SF-15, SF-10, SF-7, SF-5, SF-PH, MF-2, SFA, MF-4, MF-5 and MH) shall be designed and constructed such that they conform to the development standards set forth in the Retail (R) zoning district (i.e., with respect to maximum height, minimum lot size, minimum front/side/rear setbacks, screening, etc.) unless otherwise stated in this chapter.

(l)

Solar energy systems.

(1)

Applicability.

a.

This article applies to the siting, construction, installation, and decommissioning of any new SES to be constructed or installed after the effective date of this chapter within the jurisdiction of the City of Athens.

b.

Any SES that, prior to the effective date of this chapter:

1.

Is in operation; or

2.

Is being lawfully sited, constructed or installed; shall be exempt from complying with this chapter, unless the surface area of an integrated SES or rooftop SES or the footprint of a ground mounted SES is increased by more than five (5) percent after the effective date of this chapter.

c.

Unless otherwise expressly stated herein, an SES shall comply with all applicable federal, state, and local laws, including the requirements of the City zoning code and applicable building, fire, electric, and plumbing codes. If a provision in this chapter directly conflicts with a requirement of the City zoning code, this chapter shall control.

(2)

Requirements for integrated solar energy systems.

a.

Solar access. Owners of SES are encouraged, but not required to obtain solar access easements from neighboring landowners to ensure solar access. The City does not guarantee and will not protect any individual property rights with respect to solar access.

b.

Tree removal. The removal of trees or natural vegetation for an integrated SES shall be avoided to the extent reasonably practicable and shall comply with the requirements of the City zoning code.

c.

Permit required. A permit is required for the installation and/or modification of any integrated SES and shall be obtained prior to work commencing.

(3)

Requirements for rooftop solar energy systems.

a.

Solar access. Owners of SES are encouraged, but not required to obtain solar access easements from neighboring landowners to ensure solar access. The City does not guarantee and will not protect any individual property rights with respect to solar access.

b.

Tree removal. The removal of trees or natural vegetation for a Rooftop SES shall be avoided to the extent reasonably practicable and shall comply with the requirements of the City zoning code.

c.

Height. A rooftop SES shall be given an equivalent exemption, if any, to the applicable zoning district's height restrictions for roof-mounted mechanical devices or equipment, except a Rooftop SES mounted on a sloped roof shall not vertically exceed the highest point of the roof to which it is attached.

d.

Permit required. A permit is required for the installation and/or modification of any rooftop SES and shall be obtained prior to work commencing.

(4)

Requirements for ground mounted solar energy systems.

a.

Solar access. Owners of SES are encouraged, but not required to obtain solar access easements from neighboring landowners to ensure solar access. The City does not guarantee and will not protect any individual property rights with respect to solar access.

b.

Impervious surface. Ground mounted structures and components of the ground mounted SES, including transformers and foundations, shall be considered impervious. However, for purposes of compliance with the City of Athens's drainage design requirements, the panels of a ground mounted SES shall be considered pervious if they maintain sheet flow and allow for water to infiltrate under and around them through a pervious surface and into the subsoil.

c.

Lighting. To reduce light pollution, lighting of a ground mounted SES shall:

1.

Be limited to the minimum reasonably necessary for its safe operation;

2.

Be directed downward where reasonably feasible;

3.

Incorporate full cut-off fixtures; and

4.

Reasonably utilize motion sensors.

d.

Tree removal. The removal of trees or natural vegetation for a ground mounted SES shall be avoided to the extent reasonably practicable and shall comply with the requirements of the City zoning code.

e.

Setbacks. A ground mounted SES shall comply with the following setback requirements:

1.

Shall not be located closer than the required minimum setback for the applicable zoning district outlined in Chapter 22, Article III of the City zoning code;

2.

Shall not be located in front of the primary structure(s) located on the same site, if any;

3.

Shall not be located closer than twenty (20) feet from any public right-of-way, or the required setback for the applicable zoning district, whichever is greater;

4.

Shall not be located closer than fifty (50) feet from any residential dwelling unit on an adjacent lot.

f.

Visual buffers. A ground mounted SES shall have, to the extent reasonably practicable, a visual buffer of natural vegetation, plantings, earth berms, and/or fencing that provides a reasonable visual and lighting screen to reduce the view of the SES from residential dwelling units on adjacent lots, including those lots located across a public right-of-way. The existing natural tree growth and natural landforms along the SES perimeter may create a sufficient buffer and shall be preserved when reasonably practicable. Any visual buffer must be established and maintained in accordance with the most recent visual buffer plan approved by the City Council, and as further described in the Special Use Permit provision of this chapter.

g.

Signage. A ground mounted SES installed for commercial purposes:

1.

Shall display signage that:

i.

States the risks that may result from contact with the SES,

ii.

Identifies the owner or operator of the SES, and

iii.

Provides a twenty-four (24) hour emergency contact number; and

2.

Shall comply with the requirements of the applicable zoning district for displaying signage.

h.

Specific use permit (SUP) application. In addition to the general requirements for a SUP application set forth in section 22-31 of the City zoning code, the following shall be contained in any SUP application for a large-scale Ground Mounted SES:

1.

Basic Information. The applicant shall submit a document that lists the following:

i.

Address of the address property on which the SES will be located;

ii.

The applicant's name, address, telephone number, and email address;

iii.

The property owner's name, address, telephone number, and email address;

iv.

If known, the SES operator's name, address, telephone number, and email address;

v.

If known, the installation company's name, address, telephone number, email address, and license number; and

vi.

Evidence of the applicant's control of the property, such as a deed, lease, or option agreement with the landowner.

2.

Planning. The applicant shall submit the following, based on the most current and accurate information reasonably available:

i.

A site plan of the property that depicts the locations of all existing and proposed structures (including solar arrays, inverters, transformers, electrical substations, and buildings), property lines, rights-of-way, roads, required setbacks, and visual buffers;

ii.

A topographic map that depicts vegetative cover, watersheds, or wetlands on the property;

iii.

A visual buffer plan that demonstrates that any visual buffer

a.

Minimizes impacts of the SES on adjacent residential dwelling units, as required by this chapter,

b.

Preserves natural tree growth and natural land forms along the SES perimeter, as required by this chapter, and

c.

Adheres to any additional visual buffer requirements of the City zoning code that may further minimize impacts of the SES on the community character; and

iv.

A decommissioning plan that contains the following:

a.

The name, address, telephone number, and e-mail address of the person(s) or entity(ies) responsible for implementing the decommissioning plan;

b.

A statement of conditions that require the decommissioning plan to be implemented;

c.

As part of decommissioning, a removal plan that identifies all structures, components, and non-utility owned equipment that shall be removed;

d.

As part of decommissioning, a plan for recycling or otherwise reusing all materials to the extent reasonably practicable;

e.

As part of decommissioning, a restoration plan to return the property to its condition prior to the installation of the SES or to some other condition reasonably appropriate for the designated land use after the SES is removed; and

f.

A timeline to complete decommissioning.

3.

Certifications. The applicant shall submit an affidavit that provides, to the best of the applicant's knowledge:

i.

Construction and operation of the ground mounted SES will comply will all federal and state laws;

ii.

Construction and operation of the SES will comply with all local laws, including the requirements of the City zoning code, unless waived by the City Council; and

iii.

For commercial applications, commercial general liability insurance will be maintained throughout the siting, construction, installation, operation, and decommissioning of the SES.

4.

SUP Review.

i.

Upon receiving a SUP application for a ground mounted SES, the City shall conduct permitting proceedings in accordance with the requirements of the City zoning code.

ii.

A SUP application may be denied if the city council determines the SES does not comply with the requirements of the City zoning code.

iii.

The applicant's appeal rights are consistent with those rights expressed in the City zoning code.

i.

Permit required. A permit is required for the installation and/or modification of any Ground Mounted SES and shall be obtained prior to work commencing.

j.

Decommissioning. Unless otherwise approved by the city council, decommissioning shall begin no later than twelve (12) months after a ground mounted SES has ceased to generate electricity or thermal energy:

1.

For a ground mounted SES allowed without a permit, within six (6) months of the beginning of decommissioning, the SES and all structures associated with it shall be removed, all materials shall be recycled or otherwise reused to the extent reasonably practicable, and the property shall be returned to its condition prior to the installation of the SES or to some other condition reasonably appropriate for the designated land use; and

2.

For a ground mounted SES allowed with a permit, the SES shall be decommissioned in accordance with the most recent decommissioning plan approved by the city council, and as further described in the special use permit provision of this chapter.

(Ord. No. O-82-19, § 37.6, 7-22-19; Ord. No. 2023-O-081, § 3, 8-28-23)

(a)

In all zoning districts, any use indicated in the permitted use list shall conform in operation, location, and construction to the performance standards as administered by county, state and/or federal agencies. All uses, including those which may be allowed by PD or SUP, shall conform in operation, location, and construction to appropriate performance standards for noise, smoke, and particulate matter, odorous matter, fire, or explosive hazard material, toxic and noxious matter, vibration, and glare.

(b)

All federal and state pollution, noise, and requirements for toxic waste disposal shall be observed.

(c)

Noise. At no point at the bounding property line of any use shall the sound pressure level of any operation or plant exceed the decibel limits specified in the octave band groups designated in the following table:

(1)

Maximum permissible daytime* octave band:

(2)

The following corrections shall be made to the table of octave band-decibel limits in determining compliance with the noise level standards.

When noise is present at nighttime, subtract (-7db.).

When noise contains strong pure-tone components or is impulsive, that is when meter changes at ten (10) decibels or more per second, subtract (-7db.).

When noise is present for not more than the following, add (+10db):

One-half (½)minute in any one-half (½) hour period.

One (1) minute in any one (1) hour period.

Ten (10) minutes in any two (2) hour period.

Twenty (20) minutes in any four (4) hour period.

(3)

Measurement of noise shall be made with a sound level meter on octave band analyzer meeting the standards prescribed by the American Standards Association.

(4)

Exemptions - The following uses and activities shall be exempt from the noise level regulations herein specified:

a.

Noises not directly under control of the property user.

b.

Noises emanating from construction and maintenance activities between the hours of 6:00 a.m. and 6:00 p.m. (daylight hours).

c.

Noises of safety signals, warning devices and emergency pressure relief valves.

(d)

Smoke and particulate matter. No operation or use shall cause, create, or allow the emission for more than three (3) minutes in any one (1) hour of air contaminants which at the emission point or within the bounds of the property are:

(1)

Of such density as to obscure an observer's view to a degree equal to or greater than does smoke or contaminants in the standard prescribed by the ASTM except that, when the presence of uncombined water is the only reason for failure to comply or when such contaminants are emitted inside a building which prevents their escape into the atmosphere, the standards specified in 3-1302-1 and 3-1302-2 shall not apply.

(2)

The emission of particulate matter from all sources shall not exceed 0.5 pounds per acre of property within the plant site per any one (1) hour.

(3)

Open storage and open processing operations, including on-site transportation movements which are the source of wind or air borne dust or other particulate matter; or which involves dust or other particulate air contaminants, generating equipment such as used in paint spraying, grain handling, sand or gravel processing or storage or sand blasting shall be so conducted that dust and other particulate matter so generated are not transported across the boundary line of the tract on which the use is located in concentrations exceeding four (4) grains per one thousand (1,000) cubic feet of air.

(e)

Odorous matter.

(1)

No use shall be located or operated which involves the emission of odorous matter from a source of operation where the odorous matter exceeds the odor threshold at the bounding property line or any point beyond the tract on which such use or operation is located.

(2)

The odor threshold shall be determined by observation by a person or persons. In any case, where uncertainty may arise or where the operator or owner of an odor emitting use may disagree with the enforcing officer or where specific measurement of odor concentration is required, the method and procedures specified by a recognized independent authority shall be used.

(f)

Fire or explosive hazard material.

(1)

No use involving the manufacture or storage of compounds or products which decompose by detonation shall be permitted except that chlorates, nitrates, perchlorates, phosphorus, and similar substances and compounds in small quantities for use by industry, school laboratories, druggists or wholesalers may be permitted when approved by the fire chief of the City of Athens.

(2)

The storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose film, solvents, and petroleum products shall be permitted only when such storage or use conforms to the standards and regulations of the City of Athens Fire Code or are approved by the fire chief.

(g)

Toxic and noxious matter.

(1)

No operation or use shall emit a concentration across the bounding property line of the tract on which such operation or use is located of toxic or noxious matter which will exceed ten (10) percent of the concentration (exposure) considered as the threshold limit for an industrial worker as such standards are set forth by the Texas State Department of Health in "Threshold Limit Values Occupational Health Regulation No. 3," a copy of which is hereby incorporated by reference.

(h)

Vibration.

(1)

No operation or use shall at any time create earthborne vibrations which when measured at the bounding property line of the source operation exceed the limits of displacement set forth in the following table in the frequency ranges specified:

(a)

Purpose. Standards for controlling lighting and glare are set forth to reduce the annoyance and inconvenience to property owners and traffic hazards to motorists. These standards are intended to allow reasonable enjoyment of adjacent and nearby property by their owners and occupants while requiring adequate levels of lighting of parking areas.

(b)

Nonresidential site lighting and glare standards.

(1)

Any use shall be operated so as not to produce obnoxious and intense glare or direct illumination across the bounding property line from a visible source of illumination of such intensity as to create a nuisance or detract from the use or enjoyment of adjacent property. All outside lights shall be made up of a light source and reflector so selected that acting together, the light beam is controlled and not directed across any bounding property line above a height of three (3) feet. The allowable maximum intensity measured at the property line of a residential use in a residential district shall be 0.25 foot candles.

(2)

All off-street parking areas for nonresidential uses in nonresidential districts which are used after dark shall be illuminated beginning one-half hour after sunset and continuing throughout the hours of business operation. If only a portion of a parking area is offered for use after dark, only that part is required to be illuminated in accordance with these standards. However, the portion offered for use shall be clearly designated. Lighting within the parking areas shall meet the following minimum requirements:

a.

Intensity:

1.

Minimum at any point on the parking area surface to be at least 0.6 foot candles initial, and at least 0.3 foot candles maintained or one-third (⅓) of the average, whichever is greater.

2.

Illumination shall not exceed an average of one (1) foot candle at ground level and shall distribute not more than 0.25 foot candles of light upon any adjacent residentially zoned area.

b.

Height:

1.

On tracts or lots over three (3) acres in size, the maximum height for poles with lights is thirty-five (35) feet.

2.

On tracts or lots less than three (3) acres, the maximum height of poles with lights is thirty-five (35) feet.

3.

Special lighting or lighting higher than thirty-five (35) feet may be approved as specifically noted on a site plan.

(c)

Residential lighting and glare standards.

(1)

Residential lighting for security and night recreation use is permitted in all residential districts provided the following requirements are met:

a.

Direct lighting over ten (10) feet in height is shielded from adjacent property.

b.

No light source shall exceed thirty-five (35) feet in height. Street lights and other traffic safety lighting are exempt from this standard.

c.

Lighting shall not directly shine on adjacent dwellings.

(d)

Luminaires.

(1)

Light sources shall be of a down-light type, indirect, diffused, or shielded type luminaires installed and maintained so as to reduce glare effect and consequent interference with use of adjacent properties and boundary streets. Bare bulbs above seventy-five (75) watts and strings of lamps are prohibited, except for temporary lighting as provided in 39.5 below.

(e)

Special or temporary lighting—Low wattage. Bare bulbs or strings of lamps are prohibited, except during holidays special lighting shall be permitted for a maximum time period of forty-five (45) days for each holiday or special occasion.

(a)

Purpose. Standards for controlling home occupations are set forth to minimize annoyance and inconvenience to neighboring property owners within residential areas. These standards are intended to allow reasonable and comfortable enjoyment of adjacent and nearby property by their owners and by occupants of neighboring residential dwellings, while providing opportunities for the pursuit of home-based businesses.

(b)

Special provisions for home occupations.

(1)

Home occupations shall be permitted as accessory uses in single-family, two-family and multi-family residential zoning districts (i.e., A, SF-15, SF-10, SF-7, SF-5, SF-PH, MF-2, SFA, MF-4, MF-5 and MH) provided that they comply with all restrictions herein;

(2)

The occupation shall produce no alteration or change in the character or exterior appearance of the principal building from that of a residential dwelling, and performance of the occupation activity shall not be visible from the street;

(3)

Such use shall be incidental and secondary to the use of the premises for residential purposes;

(4)

The occupation shall not employ more than one (1) person who is not a member of the household in which the home occupation occurs;

(5)

The operation of such an occupation shall be between the hours of 8:00 a.m. and 10:00 p.m.;

(6)

One (1) commercial vehicle, capacity of one (1) ton or less (according to the manufacturer's classification), may be used or parked (behind the front building line) on the property in connection with the home occupation, but said vehicle may not be parked in the street or within the front yard setback;

(7)

The occupation activity shall not increase vehicular traffic flow beyond what normally occurs within a residential district, and shall not require regular and frequent deliveries by large delivery trucks or vehicles with a rated capacity in excess of one and one-half (1.5) tons, according to the manufacturer's classification;

(8)

There shall be no outside storage, including trailers, or outside display related to the home occupation use;

(9)

No mechanical or electrical equipment shall be employed on the premises other than that which is customarily found in a home environment, and that which is customarily associated with a hobby or avocation which is conducted solely for pleasure and not for profit or financial gain;

(10)

The home occupation shall not generate noise, vibration, glare, fumes/odors, heat or electrical interference beyond what normally occurs within a residential district;

(11)

The occupation shall not require the use of chemicals on the property that are obnoxious or hazardous to the welfare of the neighborhood;

(12)

The home occupation shall not use advertising signs or window displays, or any other device that calls attention to the business use of the premises through audio and/or visual means, except that one (1) sign not exceeding one hundred forty-four (144) square inches may be displayed;

(13)

The occupation shall not offer a ready inventory of any commodity for sale on the premises unless the commodity is made/assembled on-site (e.g., arts and crafts items, handmade clothing, etc.); and

(14)

The occupation shall not be harmful or detrimental to the health, welfare and safety of the neighborhood, nor shall it interfere with the comfortable enjoyment of life, property and recreation by residents of the area.

(c)

Applicability of other regulations. Home occupations shall also be subject to any and all other provisions of local, state and/or federal regulations and laws that govern such uses.

(d)

Uses allowed as home occupations. Subject to the provisions of section 20-40(b) above, home occupations may include the following uses:

(1)

Office facility of an accountant, architect, landscape architect, doctor, dentist, attorney, engineer, consultant, insurance agent, realtor, broker, or similar profession;

(2)

Author, artist or sculptor;

(3)

Dressmaker, seamstress or tailor;

(4)

Music/dance teacher, or similar types of instruction, provided that instruction shall be limited to no more than one (1) pupil at a time;

(5)

Individual tutoring and home schooling;

(6)

Millinery;

(7)

Office facility of a minister, rabbi, priest or other clergyman;

(8)

Home crafts, such as rug weaving, model making, etc.;

(9)

Office facility of a salesman, sales or manufacturer's representative, etc., provided that no retail or wholesale transactions or provision of services are personally and physically made on the premises;

(10)

Repair shop for small electrical appliances, cameras, watches/clocks, and other small items, provided that the items can be carried by one (1) person without using special equipment, and provided that the items are not equipped with an internal combustion engine;

(11)

Registered family homes (see definition in appendix A-3), in compliance with applicable state laws, which are incorporated herein by reference, with no more than six (6) children; and

(12)

Swimming lessons and water safety instruction, provided that such instruction involves no more than six (6) pupils at any one time.

(e)

Uses prohibited as home occupations. Home occupations shall not, in any event, be deemed to include the following uses:

(1)

Animal hospitals or clinics, commercial stables, or kennels;

(2)

Schooling or instruction, except swimming/water safety classes and home schooling, with more than one (1) pupil at a time;

(3)

Restaurants or on-premises food or beverage (including private clubs) consumption of any kind, except for limited food/meal consumption associated with the operation of a licensed registered family home or a bed and breakfast facility;

(4)

Automobile, boat or trailer paint or repair shop; small engine or motorcycle repair shop; welding shop; large household appliance repair shop; or other similar type of business;

(5)

Office facility for a veterinarian;

(6)

On-premises retail or wholesale sales of any kind, except for items that are produced entirely on the premises in conformance with this chapter, and except for occasional garage sales;

(7)

Commercial clothing laundering or cleaning;

(8)

Mortuaries or funeral homes;

(9)

Trailer, vehicle, tool or equipment rentals;

(10)

Repair shops or services, except as specifically provided in section 22-40(d) above;

(11)

Drapery or furniture upholstery shops;

(12)

Antique, gift or specialty shops;

(13)

Repair shops for any items having internal combustion engines; and

(14)

Any use that would be defined by the building code as an assembly, factory/industrial, hazardous, institutional or mercantile occupancy.

(f)

Home occupation uses not classified. Any use that is not either expressly allowed nor expressly prohibited by sections 22-40(d) and 22-40(e), respectively, is considered prohibited, unless and until such use is classified by amendment to this chapter by the Athens City Council, subsequent to an affirmative recommendation by the planning and zoning commission.

(g)

Effect of section 22-40 upon existing home occupations.

(1)

Any home occupation that was legally in existence as of the effective date of this chapter and that is not in full conformity with the provisions herein shall be deemed a legal nonconforming use, and is subject to the provisions of section 22-7 provided that the owner/proprietor of such home occupation register his/her business with the city within ninety (90) days of the effective date of this chapter, and provided that the home occupation use was not in violation of any other local, state or federal law or regulation on that date. Proof of the existence of such home occupation use prior to the effective date of this chapter shall be required upon registration.

(2)

Any home occupation that was legally in existence as of the effective date of this chapter and that conforms with (i.e., is not in violation of) the provisions herein shall be hereby authorized to continue, provided that the home occupation use is registered with the city as described in subsection (1) above.

(a)

Purpose. Signs use private land near the public rights-of way to inform and persuade the general public by publishing a message. This section provides standards for the erection and maintenance of private signs. All private signs that are not exempt as provided below shall be erected and maintained in accordance with these standards. The general objectives of these standards are to promote health, safety, welfare, convenience and enjoyment of the public and, in part, to achieve the following:

(1)

Safety: To promote the safety of persons and property by providing that signs:

a.

Do not create a hazard due to collapse, fire, collision, decay or abandonment;

b.

Do not obstruct fire fighting or police surveillance; and

c.

Do not create traffic hazards by confusing or distracting motorists, or by impairing the driver's ability to see pedestrians, obstacles, or other vehicles, or to read traffic signs.

(2)

Communication efficiency: To promote the efficient transfer of information in sign messages by providing that:

a.

Those signs which provide messages and information most needed and sought by the public are given priorities;

b.

Businesses and services may identify themselves;

c.

Customers and other persons may locate a business or service;

d.

No person or group is arbitrarily denied the use of the sight lines from the public rights-of-way; and

e.

Persons exposed to signs are not overwhelmed by the number of messages presented, and are able to exercise freedom of choice to observe or ignore said messages, according to the observer's purpose.

(3)

Landscape quality and preservation: To protect the public welfare and to enhance the appearance and economic value of the cityscape, by providing that signs:

a.

Do not interfere with scenic views;

b.

Do not create a nuisance to persons using the public rights-of-way;

c.

Do not create a nuisance to occupancy of adjacent and contiguous property by their brightness, size, height or movement; and

d.

Are not detrimental to land or property values.

(b)

Administration. The provisions of this section shall be administered and enforced by the city manager (or his/her designee) of the City of Athens.

The permitee, owner, agent, person or persons having the beneficial use of the sign, the owner of the land or structure upon which the sign is located, and the person in charge of erecting the sign are all subject to the provisions of this section.

(c)

Permit procedures and fees.

(1)

Requirements: It shall be unlawful for any person to erect, alter, replace, enlarge or relocate any sign within the city without first obtaining a permit to do so from the city manager (or his/her designee), except as may be hereinafter provided. All sign construction shall conform to the adopted building code.

(2)

Applications for permits: All applications for permits shall include a drawing to scale of the proposed sign (including size, colors and design) and all existing signs maintained on the premises and visible from the right-of-way, a drawing(s) of the lot plan and/or building facade indicating the proposed location(s) of the sign, and sign specifications. Applications shall be made to the city manager (or his/her designee) on forms provided by the city. If a site plan is required, the sign location shall also be shown on the site plan drawing.

(3)

Fee required: Fees for a permit to erect, alter, replace, enlarge or relocate a sign shall be as provided in appendix A-6 of this chapter.

(4)

Repair permit (nonconforming signs): It shall be unlawful for any person to repair or make alterations to any nonconforming sign without first obtaining a repair permit and making payment of the required fee. Fees for a permit to repair shall be as provided in appendix A-6 of this chapter.

(5)

Permit revocable: The city manager (or his/her designee) may suspend or revoke any permit issued under the provisions of this section whenever he/she shall determine that the permit is issued in error or on the basis of incorrect or false information supplied, or whenever such permit is issued in violation of any of the provisions of this section or any other ordinance of the City of Athens or the laws of this state or of the federal government. Such suspension or revocation shall be effective when communicated in writing to the person to whom the permit is issued, the owner of the sign, or the owner of the premises upon which the sign is located. Any sign installed under a revoked permit shall be removed by the permit holder, sign owner or property owner within fifteen (15) days of written notice of the revocation.

(6)

Inspections:

a.

All signs for which a permit is required shall be subject to inspection by the city manager (or his/her designee).

b.

Footing inspections may be required by the city manager (or his/her designee) for all signs having footings.

c.

All signs containing electrical wiring shall be subject to the provisions of the National Electrical Code, and the electrical components used shall bear the label of an approved testing agency.

d.

The city manager (or his/her designee) may order the revocation of any sign permit and/or the removal of any sign that is not maintained in accordance with the provisions of any city ordinance.

e.

The city manager (or his/her designee) may inspect annually, or at such other times as he/she deems necessary, each sign regulated by this section for the purpose of ascertaining whether the same is secure or insecure, whether it still serves a useful purpose, and whether it is in need of removal or repair.

(7)

Investigation fee: When a sign is erected, placed or maintained, or work started thereon before obtaining a sign permit, it shall be subject to an investigation fee as specified in appendix A-6 of this chapter. The investigation fee does not excuse full compliance with the provisions of this section.

(8)

Electrical permit: Prior to issuance of a sign permit for a sign in which electrical wiring and connections are to be used, an electrical permit must be obtained from the city. The city's electrical inspector shall examine the plans and specifications submitted with the application to ensure compliance with the National Electrical Code. No sign shall be erected in violation of the electrical code. However, the sign contractor may tie the sign to an existing power source or power provided by an electrician that has permitted the job. The electrical power supply for a sign must be placed underground within an acceptable type of conduit, and shall be concealed from view (i.e., it cannot be strung as an overhead line). No temporary electrical service for signs shall be allowed.

(d)

Special definitions—General. The following definitions are generally specific to the sign regulations section of the zoning ordinance (section 22-41). The definitions of other terms used within this section may be found in appendix A-3 of this chapter.

Alter: To change the size, shape or outline, intent or type of sign.

Awning: A structure hung from the surface of a building, designed to provide protection from sun, rain, wind and other climatological conditions or to provide decoration to the building facade. An awning is typically composed of canvas, fabric, or other similar lightweight material supported and shaped by a metal or wood frame. An awning shall have a minimum clearance of eight (8) feet above any sidewalk/pedestrian travel surface, and fourteen (14) feet above any vehicular parking or circulation surface.

Building line: See definition in appendix A-3 of the zoning ordinance.

Building official: See definition in appendix A-3 of the zoning ordinance.

Canopy: A roof-like structure which is supported by the building to which it is attached, and which is generally open on two (2) or more sides. A canopy shall have a minimum clearance of eight (8) feet above any sidewalk/pedestrian travel surface, and fourteen (14) feet above any vehicular parking or circulation surface.

Changeable electronic variable message sign (CEVMS):A sign which permits light to be turned on or off intermittently or which is operated in a way whereby light is turned on or off intermittently, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including an LED (light emitting diode) or digital sign, and which varies in intensity or color. A CEVMS sign does not include a sign located within the right-of-way that functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) approved by the Federal Highway Administrator as the National Standard.

Commission: The State Highway and Public Transportation Commission.

Dilapidated or deteriorated condition: Dilapidated or deteriorated condition shall include instances where:

(1)

Elements of the surface or background can be seen, as viewed from a normal viewing distance (i.e., the intended viewing distance), to have portions of the finished material or paint flaked, broken off, missing and/or otherwise not in harmony with the rest of the surface;

(2)

The structural support or frame members are visibly bent, broken, dented or torn;

(3)

The sign panel is visibly cracked or, in the case of wood and similar products, splintered in such a way as to constitute an unsightly or harmful condition;

(4)

The sign and/or its elements are twisted or leaning or at angles other than those at which it was originally erected (such as may result from being blown by high winds or from the failure of a structural support);

(5)

The message or wording can no longer be clearly read by a person with normal eyesight under normal viewing conditions; and/or

(6)

The sign and/or its elements are not in compliance with the requirements of the National Electrical Code and/or the current Building Code of the City of Athens.

Erect: To build, construct, attach, hang, place, suspend or affix a sign, and shall also include the painting of signs on the exterior surface of a building or structure.

Face panel or surface: A surface(s) of the sign upon, against or through which the message is displayed or illustrated on the sign.

Framework: A support structure which meets all existing wind and load requirements as stated in applicable Athens codes and ordinances, and which is designed to secure a banner or an interchangeable sign on any or all sides.

Illegal conforming sign: A sign erected within the city that meets current sign regulations but does not have a required permit.

Illegal nonconforming sign: A sign erected within the city that does not meet current sign regulations and does not have a required permit.

Illegal sign: A sign that was erected in violation of any regulation applicable at the time of erection of such sign. Any sign which does not comply with the provisions of this section of the zoning ordinance.

Legal sign: A sign that, when erected, meets all Athens codes and ordinances pertaining to signs, including this section of the zoning ordinance.

Logo: A formalized design or insignia (i.e., symbol) of a company or product, which is commonly used in advertising to identify that company or product.

Noncombustible material: Any material which will not ignite at or below a temperature of one thousand two hundred (1,200) degrees Fahrenheit and will not continue to burn or glow at that temperature, and which would have a flame spread of twenty-five (25) feet or less.

Nonconforming sign: A sign that was lawfully installed in compliance with all city codes and ordinances that were applicable at the time of installation, but that does not comply with the provisions of this section of the zoning ordinance (and/or other codes or ordinances) of the City of Athens.

Non-structural trim: A retainer, batten, capping, nailing strip, latticing, platform or other similar trim component which is attached to the sign or its structure.

Obsolete sign: A sign which no longer serves a bona fide use or purpose.

Off-premises sign: A sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service and/or product not principally located or primarily manufactured or sold on the premises upon which the sign is located.

On-premises sign: A detached sign identifying or advertising a business, person or activity on the premises, and which is installed and maintained on the same premises as the business, person or activity it advertises.

Person: A person, firm, partnership, association, corporation, company or organization of any kind.

Primary highway systems: A portion of the system of connected main highways located in this state that is designated officially by the State Highway and Public Transportation Commission and approved pursuant to Title 23, United States Code.

Private premises: A dwelling, house, building or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited/vacant. A private premises shall include any yard, ground, lawn, walk, driveway, porch, steps or mailbox belonging to or appurtenant to such dwelling, house, building or other structure.

Projecting structure: A covered structure of a permanent nature which is constructed of approved building materials, specifically excluding canvas or fabric material (i.e., an awning), and where such structure is an integral part of the main building or is permanently attached to a main building and does not extend over public property. A projecting structure is defined to include marquee and fixed canopy types of structures. A projecting structure shall have a minimum clearance of eight (8) feet above any sidewalk/pedestrian travel surface, and fourteen (14) feet above any vehicular parking or circulation surface.

Promotional signage: A type of temporary signage that is typically used for (but not limited to) special events and promotions or for business grand openings. Promotional signage may include banners, flags, pennants, streamers, balloons, inflatable signs/devices and any other legal types of signs allowed by this section. A searchlight may be used provided it complies with all other provisions of this section (see "Searchlights").

(1)

Any device described as promotional signage shall not exceed an overall height of thirty-five (35) feet.

(2)

Promotional signage shall be contained on the property of the legal business which it advertises, and shall not extend into the city right-of-way, required parking spaces, drive aisles or onto other adjacent property(s). Signage shall not be located in any sight visibility triangle/area, nor shall any combustible materials be placed in contact with lighted signs or any electrical fixtures.

Property line: The line denoting the limits of legal ownership of property.

Public place: Any and all streets, boulevards, avenues, lanes, alleys or other public ways, and any and all public parks, squares, spaces, grounds and buildings.

Rear wall: A wall with no main entrances or store fronts, and which does not face the front of the lot (i.e., the street). A building may have a maximum of one (1) rear wall (either in a single wall segment or in several segments which are more or less parallel to one another or which follow the curvature of the overall building).

Roof line: The height which is defined by the intersection of the roof of the building and the wall of the building with the following exception: for mansard-type roofs having two (2) slopes, the "roof line" shall be defined as the top of the lower slope of the roof. For mansard-type roofs having parapet walls, the "roof line" shall be the top of the parapet.

Setback: The horizontal distance between a sign and the front, rear or side property line, as measured from that part of the sign, including its extremities and supports, nearest to any point on any imaginary vertical plane projecting vertically from the front, rear or side property line.

Sight visibility triangle/area: An area within which visibility clearance must be maintained for safety purposes (see section 22-37(i) of this chapter).

Sign (general): A name, number, identification, description/announcement, declaration, demonstration, device, display, flag, banner, pennant, illustration, beacon, light or insignia, and structure supporting any of the same, affixed directly or indirectly to or upon any building, window, door or outdoor structure, or erected or maintained upon a piece of land, which directs attention to any object, product, service, place, activity, person, institution, organization or business. Any interior illuminated or moving sign or light which is visible from the exterior may be determined as being erected on the exterior of the building or structure. (See section 22-41(e), "Definitions and Regulations for Specific Types of Signs" for each particular type of sign.)

Sign area: The area (i.e., square footage) of a sign made up of letters, words or symbols within a frame shall be determined from the outside edge of the frame itself. The square footage of a sign composed of only letters, words or symbols shall be determined from imaginary straight lines drawn around the entire copy or grouping of such letters, words or symbols. Double-faced signs shall be calculated as the area of one (1) side only. Three-dimensional or multi-faceted signs shall be calculated as the maximum area visible from any single direction at any point in time. Signs may be V-shaped, not to exceed a forty-five (45) degree angle, and can have only two (2) sign faces (i.e., one (1) sign face, or panel, in each of two (2) different directions only; the sign cannot have sign panels in three (3) different directions).

Vehicle: For the purpose of this section, "vehicle" shall mean any automobile, truck, camper, tractor, van, trailer or any other device capable of being transported, and such device shall be considered a "vehicle" in both moving and stationary modes, irrespective of its state of repair or its physical condition.

(e)

Definitions and regulations for specific types of signs. The following definitions and regulations generally pertain to specific types of signs. The definitions of other general terms used within this section may be found in subsection 22-41(d) or in appendix A-3 of this chapter.

Attached sign: A sign that is painted on, permanently anchored, or moored to a structure.

Awning/canopy sign: an awning/canopy sign is a sign that is attached to or painted on an awning/canopy. The copy/artwork on an awning/canopy sign shall not exceed the area and size that is allowed for a wall sign on the wall upon which it is attached. The copy/artwork may be illuminated by either an internal or external light source. However, the total area of wall signs and awning/canopy signs shall not exceed the area and size allowed for a single wall sign, and any awning/canopy sign shall not exceed seventy-five (75) percent of the awning's/canopy's surface area. An awning/canopy and/or awning/canopy sign shall have a minimum clearance of eight (8) feet above any sidewalk/pedestrian travel surface, and fourteen (14) feet above any vehicular parking or circulation surface.

(1)

Maximum height: Not applicable.

(2)

Maximum size/area: Not to exceed seventy-five (75) percent of the awning's/canopy's surface area.

(3)

Zoning permitted: In all nonresidential districts.

(4)

Placement: Applied flat against the awning/canopy surface without extending beyond the awning's/canopy's height or width.

(5)

Maximum number: One per awning/canopy, however, when an awning/canopy runs continuously in front of separate businesses, each business shall be allowed to have a sign upon the awning/canopy in front of their business. The width of the awning/canopy shall be equal to the width of the front of the store for which the awning/canopy is being used.

(6)

Duration: No limit.

Banner: A type of temporary sign that is generally constructed of lightweight plastic, fabric or a similar non-rigid material, and that is mounted/tethered to a pole(s), building or other structure at one or more edges. A banner typically (but not always) exhibits a text message and/or a symbol(s) for the business located on the property, or for a product or service provided by that business. National/State or local government flags are not considered banners (see "Flag"). One (1) banner is allowed at a time per business premises, and shall be securely attached to the front or side of a building structure (i.e., not to a fence, screening wall, tree, etc.). Banners shall be kept in good repair and shall remain firmly anchored or secured at all corners. Banners and other portable signs are prohibited in single-family residential districts. (See "promotional signage" provisions.)

Billboard sign: A sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service and/or product not principally located or primarily manufactured or sold on the premises upon which the sign is located (i.e., off-premises).

Construction sign: A temporary, accessory sign identifying the property owner, architect, contractor, engineer, landscape architect, decorator and/or mortgagee engaged in the design, construction and/or improvement of the premises upon which the sign is located. A construction sign shall be removed prior to the issuance of a certificate of occupancy or, in the case of a residential dwelling, prior to the final building inspection. (See "detached sign" provisions.)

Decorative Display: See "promotional flags/pennants" and "promotional signage".

Detached sign: A sign which is supported by structures, supports, or a foundation in or upon the ground and independent of support from any building.

(1)

Max. height, size/area: Determined by the street speed limit of the vehicular traffic traveling along the street which the sign fronts:

(2)

Zoning permitted: In all districts.

(3)

Placement: A minimum setback from the property line of ten (10) feet for signs not exceeding twenty-five (25) feet in height. For signs over twenty-five (25) feet in height, an additional setback of one (1) foot for every foot over twenty-five (25) feet will be required. A minimum setback of ten (10) feet from any other property line shall also be required. Example: A sign thirty (30) feet in height would need a setback of fifteen (15) feet from the property line, the required ten (10) feet and then five (5) feet (30 - 25 = 5).

(4)

Maximum number: One (1) sign per street frontage; however, for a lot having more than four hundred fifty (450) linear feet of street frontage, one additional sign shall be allowed for every three hundred (300) feet of frontage above four hundred fifty (450) feet.

(5)

Duration: Permanent.

Development signs: A temporary, accessory sign identifying the name and general nature of the development project that is being constructed on the premises upon which the sign is located. Such signs must relate only to the property on which they are located. Each development may have one such sign, or one (1) for each fifty (50) acres of total project size. A development sign shall be removed when the project is ninety (90) percent complete. In the case of a commercial project, "90 percent complete" means when a certificate of occupancy is issued for a shell building. For a residential project, "90 percent complete" means when ninety (90) percent of the subdivision lots have been issued building permits. (See "detached sign" provisions.)

Directional sign (on-site): A sign designated specifically for the purpose of directing or providing guidance to vehicular and/or pedestrian traffic on private property. Sign shall not show advertising, such as company names/logos or advertised specials, of any type. Examples include, but are not limited to, signs with or without a directional arrow and wording such as "Entrance", "Exit", "Visitor Parking", "Customer Service Department", "One Way", "Leasing Office This Way", etc.

Directory/informational sign (on-site): A sign used for the purpose of directing vehicular and/or pedestrian traffic to specific occupants/businesses on private property (i.e., within shopping centers, industrial parks, retail districts, office complexes and commercial sites). Sign shall not show any advertising (such as corporate logos, advertised specials, etc.) other than the names of occupants/businesses and arrows directing traffic to those locations.

Flag: A fabric, banner or bunting containing distinctive colors, patterns, words and/or insignia which is used as a symbol for a government, political subdivision or some other professional, religious, educational or nonprofit entity, provided that such device is displayed for noncommercial (i.e., not-for-profit) purposes.

Garage sale sign: Any temporary sign for the occasional (i.e., not on-going) sale of personal household goods, typically displayed in a residential area or on the property of a non-profit organization. Off-premises garage sale signs are not permitted. Garage sale signs may not be placed prior to 5:00 p.m. of the day before the sale, and they must be recovered (i.e., removed) by 8:00 a.m. on the day immediately following the last day of the sale. A fine will be assessed for each garage sale sign left after 8:00 a.m. on the required removal date.

(1)

Maximum height: Three (3) feet.

(2)

Maximum size/Area: Two hundred eighty-eight (288) square inches.

(3)

Zoning permitted: In all districts.

(4)

Placement: On private property only; cannot be mounted on public/utility structures or within public rights-of-way or easements.

(5)

Maximum number: One (1) on the property having the sale.

(6)

Duration: From 5:00 p.m. the day before the sale, until 8:00 a.m. the day after the sale.

Hanging sign: A sign which is suspended from an awning or canopy. Hanging signs shall have a minimum clearance of eight (8) feet above any sidewalk/pedestrian travel surface, and fourteen (14) feet above any vehicular parking or circulation surface. Each face shall not exceed twelve (12) square feet in area.

Identification sign: A sign which is used to identify the name of a multi-tenant retail shopping center, business park or industrial, commercial or office center.

Illuminated sign: A sign which has characters, letters, figures and/or designs that are illuminated by electric lights, luminous tubes or other means, and that are specifically placed to draw attention to, or to provide nighttime viewing of, the subject matter on the sign face.

Incidental sign: A small sign, less than two (2) square feet in surface area, of a noncommercial nature which is intended primarily for the convenience of the public. Included are signs designating restrooms, address numbers, hours of operation, entrances to buildings, public telephones, directions to locations, "Help Wanted" signs and so forth. Also included in this group of signs are those designed to guide or direct pedestrians or vehicular traffic to an area or place on the premises of an office building or a business development by means of a directory designating names and addresses only (see "directional sign").

Inflatable sign: A temporary balloon or hollow sign expanded or enlarged by the use of air or gas.

Menu Board: A sign, not exceeding two (2) square feet in area, that is used to list items, dishes, meals or specialties to be served.

Mobile (or portable) sign: See "portable sign".

Model home sign: Model home signs may be erected in residential zoning districts, and shall not exceed sixteen (16) square feet with a maximum height of six (6) feet. Required setback shall be fifty (50) percent of the distance between the front property line and the building, but no less than ten (10) feet from the front property line. Model home signs are limited to one (1) per premises. Each builder within the subdivision may have one (1) model home sign, and the permit for such sign shall be granted for a period of time to coincide with the validity of the model home's certificate of occupancy.

Monument sign: A sign having a low profile and made of stone, concrete, metal, routed wood planks or beams, brick or similar materials. A monument sign shall be solid from the ground up; pole(s) or supports shall be concealed.

(1)

Maximum height: Seven (7) feet, including the monument base, as measured from the average ground level at the base to the topmost portion of the sign. The ground upon which a monument sign is located may be bermed up (or designed as a raised planter) a maximum of three (3) feet from the top of the adjacent street curb.

(2)

Maximum size/area: Fifty (50) square feet.

(3)

Zoning permitted: In all nonresidential districts, MH, MF-4 and MF-5.

(4)

Placement: A minimum setback from the edge of street ten (10) feet. No sign shall encroach across the property line or right-of-way.

(5)

Maximum number: One (1) per street frontage.

(6)

Duration: Permanent.

Municipally owned sign: A sign which identifies a park, an entrance into the city, a place of interest within the city, a city-sponsored event or any municipally owned site or facility. A municipally owned sign does not include traffic or street identification/name signs.

Nameplate: A sign showing only the name and address of the owner or occupant of the premises upon which it is erected or placed. A nameplate shall not exceed two (2) square feet in size.

Neon sign: A sign or advertising device formed from neon (or other gaseous, such as argon) lamps/tubing.

Pole sign: A free-standing sign that is detached from a building (i.e., independent of any structure or building) and that is supported by a pole (or poles) having no guys or braces to the ground or to any other structure. (See "detached sign" provisions.)

Political sign: Political signs are allowed on private property (with the written permission of the property owner), and shall be prohibited within rights-of-way, on any other public property, and on any public/utility structure (e.g., telephone poles, street light standards, street sign poles, public buildings, etc.) or on trees, fences, etc. Political signs placed within the rights-of-way or upon public/utility property or structures may be removed and disposed of by City of Athens (or the applicable utility company) personnel, and removal costs and/or fines may be assessed for removal of the signs and/or noncompliance with this section of the zoning ordinance.

Portable sign: An outdoor advertising display sign supported by uprights or braces in or on the ground, or mounted on a vehicle, trailer or mobile structure, principally used for the purpose of advertising; or any advertising device that is not permanently attached to its support structure via commonly used construction standards. Portable signs shall also comply with the following:

(1)

Portable signs are allowed for a single, 30-day period each quarter of the calendar year. Permitted periods cannot run consecutively. A new business opening for the first time is allowed one (1) permitted portable sign for a maximum of seven (7) days prior to initial business opening, and for a maximum of seven (7) days after opening. Portable sign usage for a new business opening shall not be counted against the 30-day time period stated above.

(2)

Portable sign permit applications shall be accompanied by a drawing indicating what the proposed sign will look like and how it will be secured in place. Portable signs will be designed and constructed to withstand a wind pressure of not less than thirty (30) pounds per square foot. Electrical wiring and related components within and connected to portable signs shall be installed in accordance with the National Electrical Code, latest edition. Sign illumination will be restricted to non-flashing internal light fixtures with lamps not to exceed a maximum of sixty (60) watts each. External lighting is prohibited.

(3)

Portable signs shall not be located within or on any public right-of-way, property, sidewalks, driveways, fire lanes and required off-street parking spaces. Portable signs shall be located a minimum of thirty-five (35) feet from adjacent fire hydrants, driveways, approaches and street intersections (measured from the property line adjacent to each street) and a minimum of five (5) feet from curbs located at the right-of-way property line. All portable signs shall be at least thirty-five (35) feet apart. Approved portable signs shall be used to advertise or promote commodities and services offered on the premises where the sign will be located. Portable signs shall not be used for off-premises advertising.

(4)

Removal/impoundment. The owner or occupant of any property upon which there is located a portable sign in violation of this section, or the owner or lessee of any portable sign, or the owner and/or manager of any business advertised on a portable sign which is in violation of this section as herein defined, shall be given written notice by the city manager (or his/her designee) or his designee stating the nature of the violation, and ordering that the violation be corrected or removed from said property within seventy-two (72) hours.

If the owner, lessor, lessee, or the representative of the lessor or the owner and/or manager of any business advertised on a portable sign fails to remove such sign within seventy-two (72) hours of written notification, or by publication if the address is unknown, the sign may be removed by the city at the expense of the sign owner or the person erecting, leasing, using or maintaining it. Any portable sign so removed shall be subject to a fee of twenty-five dollars ($25.00) for hauling the sign to the city's storage area, plus a five dollars ($5.00) per day storage fee for each day the sign is stored by the city. Any sign so removed from public or private property shall be stored or impounded by the city until all applicable charges have been paid, or until thirty (30) days have passed. If any sign remains unclaimed for a period of thirty (30) days after its removal, or if the removal and storage cost are not paid within such thirty (30) day period, the city may destroy, sell or otherwise dispose of the sign. If sold, the sign shall be marked by city personnel and shall not be brought back inside the city limits for display. In calculating the length of the storage period and the storage fee, the first working day after the date of the impoundment shall be considered day number one; thereafter, all days including weekends and holidays shall be counted.

The city manager (or his/her designee) may enter upon private property which is accessible to the public for the purposes specified in this section to examine signs at their location, to obtain information as to the ownership of signs, and/or to remove or cause the removal of a sign declared to be a nuisance pursuant to this section.

Promotional flags/pennants: A type of temporary sign that is generally constructed of lightweight plastic, fabric or a similar material; that is mounted/tethered to a pole(s), building or other structure by a rope, wire, string or similar device, usually in series (i.e., more than one (1) on a string); and that is designed to move in the wind (i.e., flutter) to attract attention. Promotional flags/pennants may or may not exhibit a text message or symbol of any kind, and may be a single color or several colors. For the purposes of this section, a string of multiple pennants and/or streamers, of whatever length, shall also constitute a "promotional pennant".

Promotional signage: A type of temporary signage that is typically used for (but not limited to) special events and promotions or for business grand openings. Promotional signage may include banners, flags, pennants, streamers, balloons, inflatable signs/devices and any other legal types of signs allowed by this section. A searchlight may be used provided it complies with all other provisions of this section (see "searchlights"):

(1)

Any device described as promotional signage shall not exceed an overall height of thirty-five (35) feet.

(2)

Promotional signage shall be contained on the property of the legal business which it advertises, and shall not extend into the city right-of-way or onto other adjacent property(s). Signage shall not be located in any sight visibility triangle/area, nor shall any combustible materials be placed in contact with lighted signs or any electrical fixtures.

Pylon sign: A free-standing sign supported by a solid, ground up, tall monumental structure (see "pole sign").

Reader-board sign (also called "Changeable Message Sign"): A permanent marquee-type sign having alternating electronic data, messages and/or control components.

Real estate sign: A temporary accessory sign pertaining to the sale or rental of property, and which advertises property only for a use for which it is legally zoned. A real estate sign shall be removed upon the sale/rental of the property. (See "detached sign" provisions.)

Roof sign: A sign erected upon or above a roof or parapet of a building or structure.

Searchlights: Searchlights may be permitted in accordance with any other applicable city regulations, and may include traditional searchlight devices or laser-type devices. A permit for use of an advertising searchlight may be granted under the following additional regulations:

(1)

A searchlight shall be located a minimum distance of fifty (50) feet from any public right-of-way and from side or rear property lines, and shall be positioned so as to project all beams at minimum angle of thirty (30) degrees upward from grade level. No searchlight beam may project onto adjacent property or onto property or buildings not owned/operated by the business utilizing the searchlight.

(2)

The maximum light intensity generated by searchlights on any premises may not exceed a total of one thousand six hundred (1,600) million footcandle power. No more than four (4) beams of light may be projected from any premises at any point in time.

(3)

All searchlights must be designed and maintained so as to prevent beam rays of light (or laser beams) from being directed at any portion of the traveled ways, and no light shall be of such intensity or brilliance as to cause glare or to impair the vision of the driver of any vehicle, or to create any other type of traffic hazard (i.e., cannot be such an unusual, eye-catching display that would distract the attention of motorists).

(4)

No advertising searchlight may be operated between the hours of 11:00 p.m. and 7:00 a.m.

(5)

No advertising searchlight may be operated on a premises for more than seven (7) consecutive days nor for more than fourteen (14) days within any calendar year. No permit for an advertising searchlight may be issued for any business entity for which a permit has been issued for a searchlight on the same premises within the last six (6) months preceding the date of the permit application.

Shingle (projecting) sign: A sign attached to and placed perpendicular to a building. Projecting signs shall have a minimum clearance of eight (8) feet above any sidewalk/pedestrian travel surface, and fourteen (14) feet above any vehicular parking or circulation surface. Projecting signs shall not exceed twelve (12) square feet in area.

Stake sign: A sign that is not permanently attached to the ground or designed to be permanently attached to the ground, including (but not limited to) temporary real estate directional (i.e., "bandit") signs. A stake sign is typically placed for the off-premises advertising of, and directing traffic toward, a real estate project/subdivision or a sales event. Off-premises stake signs are permitted, provided they have the name of the business entity (e.g., home builder) upon them, they are self-supporting, and they are not placed within public rights-of-way or mounted upon public/utility structures (e.g., telephone poles, street light standards, street sign poles, public buildings, etc.) or on trees, fences, etc. Off-site stake signs may not be placed prior to 5:00 p.m. on Friday, and they must be recovered (i.e., removed) by 8:00 a.m. on Monday (i.e., over the weekend only). A fine will be assessed for each off-site stake sign left after the 8:00 a.m. Monday recovery time/date.

(1)

Maximum height: Three (3) feet.

(2)

Maximum size/area: Six (6) square feet.

(3)

Zoning permitted: In all districts.

(4)

Placement: On private property (off-premises signs require the property owner's permission); cannot be mounted on public/utility structures or located within public rights-of-way or easements.

(5)

Maximum number: One (1) for each fifty (50) feet of street frontage, with a maximum of four (4) signs per lot.

(6)

Duration: From 5:00 p.m. on Friday, until 8:00 a.m. on Monday (weekend only).

Temporary sign: A sign, banner, pennant, valance, inflatable sign or other advertising device constructed of cloth, canvas, light fabric, cardboard, wallboard or other like materials, with or without a frame, and any type of sign that is not permanently attached to the ground, wall or building, and which is intended to be displayed for a short period of time only (i.e., changeable; not permanent). (Also see "promotional signage"). The use of a temporary sign or banner is allowed for one (1) calendar year.

Wall sign: A sign attached to or painted upon a wall surface with the sign facing parallel to and not more than twelve (12) inches from the wall surface. A sign attached to or painted upon an awning/canopy and visible to the exterior shall be considered a wall sign (also see "awning/canopy sign"). Neon (or other gaseous) tubing attached directly to a wall surface shall be considered a "wall sign" when forming a border for the subject matter, when directing attention to the subject matter or when forming letters, logos, symbols or pictorial designs.

(1)

Maximum height: Sign must not extend above the roof line of a building.

(2)

Maximum size/area: Shall not exceed forty (40) square feet, or two (2) times the lineal frontage of the building or store frontage for which such sign is intended, whichever is greater. Such sign shall not have a vertical height exceeding one-third (⅓) the height of the overall wall upon which it is located, with a maximum height of ten (10) feet, nor shall such sign exceed seventy-five (75) percent of the width of such building or store frontage.

(3)

Zoning permitted: In all nonresidential districts.

(4)

Placement: Upon the wall of the building, painted or attached directly to the surface.

(5)

Maximum number: One (1) sign for each business; however, a business that adjoins two (2) streets may have a wall sign for each street it adjoins. The area of the signs shall not exceed the area as outlined in (2) above for each business side. For businesses sharing common wall frontage (i.e., strip shopping center), each business shall be allowed a wall sign with an area not to exceed the area as outlined in B above for each business. Architectural features such as decorative molding or medallions which have words, letters or symbols incorporated into them shall not be counted as a wall sign.

(6)

Duration: permanent.

Window sign: A sign painted or affixed to the exterior (or interior) surface of a window and visible from outside the building (e.g., from the street or parking lot).

(1)

Maximum height: Not applicable.

(2)

Maximum size/area: forty (40) percent of the total window area.

(3)

Zoning permitted: In all nonresidential districts.

(4)

Placement: Interior or exterior surface of the window.

(5)

Maximum number: Not applicable.

(6)

Duration: No limit.

(f)

General provisions for signs.

(1)

Removal of signs.

a.

Removal of obsolete signs. Any sign which the city manager (or his/her designee) determines no longer serves a bona fide use conforming to this section, shall be removed by the owner, agent or person having the beneficial use of the land, buildings or structure upon which such sign is located within fifteen (15) days after written notification to do so from the city manager (or his/her designee). Upon failure to comply with such notice, the city manager (or his/her designee) is hereby authorized to cause the removal of such sign, and any expense incurred thereto shall be paid by the owner of the land, building or structure to which such sign is attached or upon which it is erected.

b.

Removal or repair of unsafe signs. If the city manager (or his/her designee) shall determine that any sign is unsafe or unsecure, or is a menace to the public, he shall give written notice to the person or persons responsible for such sign. If the sign permit holder, owner, agent or person having the beneficial use of the premises and/or the sign fails to remove or repair the sign within fifteen (15) days after such notice, such sign may be removed by the city manager (or his/her designee) at the expense of the permit holder, sign owner, or owner of the property upon which the sign is located. The city manager (or his/her designee) may cause any sign which is deemed to be an immediate hazard to persons to be removed summarily and without notice.

c.

Removal expenses. Upon failure of the sign permit holder, owner, agent or person responsible for a sign to remove it upon fifteen (15) day notice to do so by the city manager (or his/her designee), the city manager (or his/her designee) is hereby authorized to enter the property upon which such sign is located, and to cause the removal of such sign. The owner of the land, building or structure to which such sign is attached and upon which it is erected and/or the owner/permit holder of such sign are jointly and severably liable for any expense incurred in removal of the sign.

(2)

Maintenance of signs: All signs and sign support structures, together with all of their supports, braces, guys and anchors, shall be kept in good repair and in a proper state of appearance and preservation. No sign will be allowed to be kept in a dilapidated or deteriorated condition. Any sign which the city manager (or his/her designee) determines is in an unacceptable, deteriorated condition shall be removed by the owner, agent or person having the beneficial use of the land, buildings or structure upon which such sign is located within fifteen (15) days after written notification to do so from the city manager (or his/her designee). Upon failure to comply with such notice, the city manager (or his/her designee) is hereby authorized to cause the removal of such sign, and any expense incurred thereto shall be paid by the owner of the land, building or structure to which such sign is attached or upon which it is erected.

(3)

Signs in a planned development (PD) district: In a PD district, the sign standards shall be as specified in this section of the zoning ordinance, unless specifically cited otherwise in the amending ordinance that establishes the PD zoning district.

(4)

Noninterference with traffic: No sign shall be located or constructed as to interfere with or confuse the flow or control of traffic on the public streets, and no sign shall use a rotating beacon, beam or flashing illumination resembling an emergency signal. It shall be unlawful to erect, relocate or maintain any sign in such a manner as to obstruct free and clear vision at any location whereby, by reason of position, size, movement, shape, color, flashing, manner or intensity of illumination, such sign may interfere with vehicular or pedestrian traffic. Further, it shall be unlawful to erect or maintain any sign in such a manner as to interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device. Accordingly, no sign shall make use of the words, "Stop", "Go", "Look", "Slow", "Danger", or any other similar word, phrase, symbol or character or employ any red, yellow, orange, green or other colored lamp or light in such a manner as to cause confusion to or otherwise interfere with vehicular or pedestrian traffic.

(5)

Signs projecting into rights-of-way: No sign shall be erected so as to project into the public right-of-way of any street or alley.

(6)

Number of sign face panels/surfaces: Sign structures shall be allowed to contain multiple sign face panels/surfaces facing in the same direction. The area of all the sign face panels/surfaces shall not exceed the area as allowed in other sections of this chapter.

(7)

Flags: American, State of Texas, or local government flags less than sixty (60) square feet shall be exempt from this section, except only one (1) of each type shall be permitted per lot or business. Any flag over sixty (60) square feet shall be classified as a general business sign.

(8)

Wind pressure and dead load requirements: All signs shall be designed and constructed to withstand a wind pressure of not less than thirty (30) pounds per square foot of area, and shall be constructed to receive dead loads as required by the building code.

(9)

Illegal signs: Owners with/of illegal (either conforming or nonconforming) signs must obtain a permit from the City of Athens within fifteen (15) days of notification of non-compliance. If the owner has not obtained a permit for the illegal sign by the 16 ^th day following notification, the owner will be cited for noncompliance.

(10)

Nonconforming signs: A sign which does not conform to the regulations prescribed in this section and which existed lawfully on the date of adoption (i.e., on the effective date) of this chapter, or amendment hereto, shall be deemed a nonconforming sign. A nonconforming sign shall be allowed to remain as is in the same location wherein it existed on the effective date of this chapter unless/until one or more of the conditions stated in subsection a. below exists/occurs.

a.

The right to continue all nonconforming signs shall cease and such sign shall be removed within fifteen (15) days whenever:

1.

The area and/or height of a sign is increased. Any sign which existed lawfully on the date of adoption of the ordinance, or amendment hereto, shall be allowed to continue to be used regardless of a change of property ownership, business ownership and/or business occupancy. Sign faces/surfaces are allowed to be changed as long as neither the area nor the height of the sign is increased. This applies to all signs which are allowed by this chapter. Once a sign is removed from its original placement on the property/business, then it must comply to the regulations of this chapter;

2.

A sign is altered, moved or relocated without a permit pursuant to the provisions of this section;

3.

A sign is damaged, defaced or destroyed and the cost to repair it exceeds fifty (50) percent of the replacement/repair cost of the sign on the date of repair (if an existing nonconforming sign is already in a dilapidated/deteriorated condition or if it represents a public safety hazard as of the effective date of this chapter, then it must either be repaired/refinished to a reasonable state of repair or removed at the owner's expense); or

4.

A sign which is normally perpendicular ninety (90) degrees to the ground leans such that an angle between the sign and the ground is seventy-five (75) degrees or less (or, for a sign that was purposefully placed at an angle upon installation, its angle to the ground decreases by fifteen (15) degrees or more; no sign, regardless of its original installation angle, shall be allowed to exist at less than a forty-five (45) degree angle to the ground for public safety reasons).

b.

Any sign designated by official action of the city as having special historic or architectural significance is exempt from the provisions of this chapter.

c.

A nonconforming sign situated on a property acquisition initiated by the city may be temporarily relocated on-site provided the sign is later removed or rebuilt to conform to this section (and any other applicable Athens codes/ordinances) within twenty-four (24) months following relocation of the sign. Relocation is limited to the same physical sign with no increase in height, area or change in other physical attributes. For the purposes of this provision, "a property acquisition initiated by the City" does not include right-of-way dedicated in the subdivision platting process.

d.

Illegal nonconforming signs:

1.

Owners with/of illegal nonconforming signs which require a permit and which have been in place less than three (3) months prior to notification of violation must apply for a permit and must upgrade the sign to conforming within thirty (30) days of original notification. If a permit is not granted, then the sign must be removed within sixty (60) days of original notification.

2.

Owners with/of illegal nonconforming signs which require a permit and which have been in place for longer than three (3) months prior to notification of violation must apply for a permit and upgrade the sign to conforming within thirty (30) days of original notification. If a permit is not granted, then the sign must be removed within twelve (12) months of original notification.

3.

In the case of painted wall signs, such signs shall be removed or painted over within thirty (30) days of original notification of violation.

(11)

Signs exempt from permit: A permit shall not be required for the following signs provided, however, such signs shall otherwise comply with all other applicable provisions of this sections of the zoning ordinance and with any other applicable city code/ordinance:

a.

Temporary construction or real estate signs not exceeding eight (8) square feet in area when located in residential districts, and thirty-two (32) square feet in area when located in any other zoning district.

b.

Memorial plaques, building identification signs and building cornerstones when cut or carved into the masonry surface or when made of noncombustible material and made an integral part of the building or structure. These signs shall not exceed four (4) square feet in area.

c.

On-site directional and directory/informational signs not exceeding eight (8) square feet in area and three (3) feet in height, provided that such directional or directory/informational signs do not contain advertising and are not used as such. On-site directional and directory/informational signs are only permitted behind the front building line.

d.

Political signs.

e.

Traffic or other municipal signs, legal notices, danger and such emergency, temporary or non-advertising signs as may be approved by the city council or the city manager or his authorized representative, when placed in compliance with the "Uniform Manual of Traffic Control Devices" and with applicable city codes/ordinances.

f.

Temporary special occasion announcement signs on residential lots for a maximum time limit of five (5) days.

g.

Religious emblems when installed in compliance with this section and with other applicable City codes/ordinances.

h.

Seasonal decorations for a maximum of sixty (60) days, provided traffic visibility is not affected.

i.

Nameplates.

j.

Incidental signs.

k.

Menu boards.

l.

Governmental signs erected by the city, county, state or federal government in furtherance of their governmental responsibility.

(12)

Prohibited signs and activities:

a.

Traffic - A sign shall not be erected in a manner that would confuse motorists, or that would obstruct the view or interpretation of any official traffic sign, signal or device.

b.

Obscene, indecent and immoral matter - It shall be unlawful for any person to display upon any sign any obscene, indecent or immoral matter.

c.

All billboard signs and the conversion of any existing billboard (off-premises) sign to a changeable electronic variable message sign (CEVMS).

1.

Exempt: non-profit organizations. Signs shall not exceed six (6) square feet in area, shall not interfere with vehicular traffic in any manner and shall be placed only on private property with permission of property owner. Each non-profit organization is limited to a total of six (6) signs.

d.

Advertising matter placed or suspended from buildings, poles, sidewalks, fences and the like.

1.

No person shall place or suspend from any building, light pole, utility pole, structure, sidewalk, parkway, driveway or parking area, any display of items other than a sign, as defined, regulated and permitted by this section.

e.

Painting, marking or otherwise inscribing streets, sidewalks, utility poles, and the like. No person shall attach any sign, paper or other material, or paint, stencil or write any name, number (except address numbers) or otherwise mark on any sidewalk, curb, gutter, street, utility pole, public building, fence or structure except as otherwise allowed by ordinance.

f.

Attaching advertising matter to fences, utility poles and the like; scattering advertising matter on streets and sidewalks.

1.

No person, firm, corporation, association or person shall paste, stick, stack, nail, or otherwise place any advertisement, handbill, placard or printed, pictured or written matter or thing for any purpose upon any fence, railing, sidewalk or public telephone, electric or other utility pole or any other public property, including trees thereon, with the exception of a public school or public college promoting their facility shall be limited to placement on electric poles located on rights-of-way adjoining their campus.

2.

Exempt public school or public college banners shall not exceed twelve (12) square feet in area, shall not interfere with the safe maintenance of mounting pole, shall not be located within eight (8) feet of any energized electrical wire, shall not be located within ten (10) feet of ground, shall not interfere with vehicular traffic in any manner and shall be limited to placement on electrical poles located on rights-of-way adjoining their campus.

g.

Certain illuminated signs prohibited:

1.

No sign shall be illuminated to such an intensity or in such a manner as to cause a glare of brightness to a degree that constitutes a hazard or nuisance to traffic or to adjacent properties. Moving, flashing, animated, intermittently lighted, changing color, beacons, revolving or similarly constructed signs, jump clocks or digital display devices showing the time, temperature and similar data are prohibited. No portion of an illuminated sign shall have luminescence greater than two hundred (200) foot-lamberts.

2.

No lighted sign shall be erected within one hundred fifty (150) feet of a residential district unless the lighting is shielded from view of the residential district.

h.

Roof sign prohibited - Any sign erected on a vertical framework supported by and located immediately and entirely over the roof of a building is prohibited.

i.

Signs attached to or upon any vehicle shall be prohibited where any such vehicle is allowed to remain parked in the same location, or in the same vicinity, at frequent or extended periods of time where the intent is apparent to be one of using the vehicle and signs for purposes of advertising an establishment, service or product. Vehicles operating under a city franchise shall be excluded from this provisions.

j.

Off-premises attached signs.

(13)

Signs in the CBD District. Most private signs shall be designed for and in scale with the pedestrian, and it shall be constructed in keeping with character of the building upon which it is placed. Material suggested for use are finished hardwoods, neon, channel letters, metal, fiberglass or softwoods and should be compatible with the materials used on the building facade upon which they are associated. Sign colors should complement the colors and theme of the entire street scape. Signs shall not be of a misleading nature. The key provisions for various types of signs are as follows:

a.

Attached signs - except as noted, all attached signs shall be flush with the building facade, shall not extend above the top of the second-story window, shall not project above the roof line, shall not extend outside the edge of a building corner and shall not cover or compete with the architectural features of the building. Internally illuminated plastic cabinet signs are prohibited.

b.

Awning/canopy signs - limited to the valance or small logos on the awning/canopy itself.

c.

Portable signs - not allowed within the CBD district.

d.

Wall signs - wall signs may be illuminated by either an internal or external light source. Wall signs shall also conform to the following:

1.

Minimum height (clearance over sidewalk): eight (8) feet, six (6) inches.

2.

Maximum height: shall not exceed the roof line of the building or above the top of the second-story window.

3.

Maximum thickness: one (1) foot.

4.

Maximum area: for every one (1) linear foot of building frontage or entrance frontage, one and one-half (1.5) square feet of sign area shall be allowed.

5.

Maximum number of signs: one (1) sign per each business; however, signs on a secondary side-street frontage shall not exceed one-half (½) the size of the sign on the primary or entrance frontage. For businesses sharing common wall frontage (i.e., strip shopping center), each business shall be allowed a wall sign with an area not to exceed the area as listed above for each business. Architectural features such as decorative molding or medallions which have words, letters or symbols incorporated into them shall not be counted as a wall sign. Shingle/projecting, window or hanging signs do not count as wall signs.

e.

Shingle/projecting signs:

1.

Minimum height (clearance over sidewalk): eight (8) feet, six (6) inches and shall not project more than five (5) feet from the building.

2.

Maximum sign height of three (3) feet from top of the sign to bottom.

3.

Sign area shall not exceed twelve (12) square feet.

4.

Decorative iron or wooden brackets are encouraged.

f.

Hanging sign:

1.

Minimum height (clearance over sidewalk): seven (7) feet, six (6) inches.

2.

Shall not extend beyond awning or canopy projection.

3.

Maximum area of five (5) square feet.

g.

Menu boards/display signs (signs which are removed daily):

1.

One (1) sign per primary entrance.

2.

Sign may extend out a maximum of two (2) feet from the building.

3.

Maximum of six (6) square feet shall be permitted for the area of the sign or the area of sidewalk used.

h.

Monument signs - A sign having a low profile made of stone, concrete, brick, routed wood, planks, beams or similar material:

1.

Maximum height shall be seven (7) feet, including the monument base, as measured from the average ground level at the base to the topmost portion of the sign. The ground upon which a monument sign is located may be bermed up (or designed as a raised planter) a maximum of three (3) feet from the top of the adjacent street curb.

2.

Maximum area of fifty (50) square feet.

3.

Minimum setback from the edge of street ten (10) feet. No sign shall encroach across the property line or right-of-way.

4.

One per street frontage.

i.

Window signs:

1.

Shall not cover more than forty (40) percent of the total glass area.

2.

Individual letters placed or painted on interior of window.

3.

Paper or cardboard signs are prohibited in or on windows.

j.

Occupants of mini-malls (i.e., small stalls that are leased out to tenants/vendors within a larger area) are prohibited from exhibiting individual signs.

k.

All off-premises signs are prohibited.

l.

Temporary signs - A sign, banner, pennant, valance or other advertising device constructed of cloth, canvas, wallboard or other like materials, with or without a frame that is not permanently attached to the ground, wall or building and which is intended to be displayed for a period not to exceed fourteen (14) days:

1.

A temporary sign should be limited to a maximum of twenty-four (24) square feet in area with a maximum height of three (3) feet.

2.

A temporary sign, when installed, should not obscure architectural details of building.

3.

A maximum of two (2) temporary signs may be displayed at the same time.

4.

Under no circumstances shall a temporary sign be allowed to substitute as a permanent sign.

(Ord. No. O-08-03, 3-24-03; Ord. No. O-20-04, 5-10-04; Ord. No. O-15-08, 6-23-08; Ord. No. O-30-11, 10-10-11; Ord. No. O-19-18, § 1, 4-23-18; Ord. No. 2022-O-029, § 1, 2-28-22)