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Atlanta City Zoning Code

CHAPTER 43

- CAMPBELLTON ROAD OVERLAY DISTRICT

Sec. 16-43.001.- Scope of regulations.

These regulations constitute the Campbellton Road Overlay District. The scope of these regulations are as follows:

1.

The existing zoning map and underlying zoning regulations governing all properties within the Campbellton Road Overlay District shall remain in full force and effect. The regulations contained within this chapter shall be overlaid upon, and shall be imposed in addition to, these existing zoning regulations. Whenever the following overlay regulations vary from the existing underlying zoning regulations, the regulations of this chapter 43 shall apply.

(Ord. No. 2022-21(22-O-1019), § 1(Exh. A), 7-14-22)

Sec. 16-43.002. - Findings and statement of intent.

The city finds that Campbellton Road is a corridor of residential, commercial, and mixed-use land uses that serves as the main street of southwest Atlanta. Campbellton Road has been identified as an economic development priority area and is in the Campbellton Road Tax Allocation District (TAD). Historically the corridor has served the established neighborhoods of Adams Park, Arlington Estates, Ashley Courts, Baker Hills, Ben Hill, Ben Hill Acres, Ben Hill Forest, Ben Hill Pines, Ben Hill Terrace, Bonnybrook, Brentwood, Briar Glen, Butner/Tell, Campbellton Road, Cascade Green, Continental Colony, Deerwood, Elmco Estates, Fairburn, Fairburn Tell, Fairway Acres, Fort Valley, Greenbriar, Greenbriar Village, Heritage Valley, Huntington, Kings Forest, Lake Estates, Laurens Valley, Meadows, Meadowbrook Forest, Mellwood, Mt. Gilead Woods, Niskey Cove, Niskey Lake, Old Fairburn Village, Pamona Park, Princeton Lakes, Rue Royal, Sandlewood Estates, Southwest Canopy Overlook, Tampa Park, Venetian Hills, Wildwood Forest, and Windsor Forest and now serves newer neighbors in the City of South Fulton and the City of East Point. To ensure that the growth envisioned in Atlanta City Design is in keeping with the needs and desires of residents there is a need for special consideration to ensure that future development and redevelopment within this area reflect a mixture of uses that promote the public health, safety, and welfare. In establishing this Overlay District, the city intends to anticipate, and restrict or encourage as may be appropriate, certain uses as well as the size and scale of those uses, in a manner that:

1.

Is consistent with the comprehensive development plan; and

2.

Properly balances increasing residential and retail uses with the district's ongoing commercial and mixed-use development; and

3.

Provides greater regulation of businesses within the district that attract large numbers of people working and living on and along the corridor.

(Ord. No. 2022-21(22-O-1019), § 1(Exh. A), 7-14-22)

Sec. 16-43.003. - Use regulations.

The following use restrictions and regulations shall apply to all property within this district:

1.

Prohibited uses:

a.

Adult businesses as defined in section 16-29.001(3). See section 16-28.016 for locational requirements;

b.

Any establishment offering check cashing services pursuant to a license issued pursuant to Article 4A of Title 7 of the Official Code of Georgia or that loans money to the public except for any state or federally chartered bank, trust company, credit union, savings and loan association, or savings bank with deposits that are federally insured;

c.

Automobile service stations including locations where gasoline, oil, grease, batteries, tires, and automobile accessories may be supplied, sold, or dispensed at retail in connection therewith or where general automotive servicing is performed;

d.

Automotive repair garages, paint tire and body repair shops, auto parts retail stores, or carwashes (handwashing or automated);

e.

Barber shops, beauty shops, beauty supply, manicure shops and similar personal service establishments;

f.

Cemetery, mausoleum, or mortuary;

g.

Convenience stores meaning a small retail establishment stocked to sell primarily prepackaged food items, but may also sell alcoholic beverages, periodicals, and other household supplies to customers who purchase relatively few items per visit;

h.

Digital industry switchboards, power generators and other relay equipment and rooms housing such equipment;

i.

Mixed-use storage facility.

j.

New and used car sales, including other motorized vehicles such as mopeds and motorcycles;

k.

Nightclubs as defined by section 10-1;

l.

Package store as defined in section 10-1, provided that two wine specialty shop and two brewpubs and are permitted in Subarea 1 and 2 and that one wine specialty shop and one brewpub is permitted in Subarea 5;

m.

Small discount variety stores; and

n.

Supportive housing.

(Ord. No. 2022-21(22-O-1019), § 1(Exh. A), 7-14-22; Ord. No. 2024-33(23-O-1650), § 1, 9-10-24)

Sec. 16-43-004. - Variances.

There shall be no variances to the transitional height plane.

(Ord. No. 2022-21(22-O-1019), § 1(Exh. A), 7-14-22)

Sec. 16-43.005. - Sidewalks and relationship of building to street.

1.

Public sidewalks shall be located along all public streets and shall meet the sidewalk requirements for MRC zoning districts provided in section 16-34.012.

2.

Utilities shall be located below ground, provided that such location is not in violation of the policies of utility regulated by the public service commission or otherwise regulated by state law and/or franchise agreement.

(Ord. No. 2022-21(22-O-1019), § 1(Exh. A), 7-14-22)

Sec. 16-43.006. - Relationship of building to street.

1.

Drive-through uses.

a.

Drive-through uses, including service windows, drive-through structures, and associated queuing, are prohibited when located within 100 feet of Campbellton Road, measured in a straight line from the closest edge of the Campbellton Road public right-of-way to the closest property line of the establishment using the drive-through.

b.

Except for fuel dispensing services at gasoline service stations and outdoor dining, all commercial sales and service shall be conducted within completely enclosed buildings and there shall be no unenclosed displays of merchandise. Outdoor sales or displays are permissible only by special use permit.

2.

Buildings with residential uses at the sidewalk level, shall meet the following regulations:

a.

All primary pedestrian entrances not adjacent to a public sidewalk shall be linked to the public sidewalk with a pedestrian walkway a minimum of five feet wide.

b.

Such buildings shall have windows at sidewalk-level or on each street frontage which are substantially similar in size to the sidewalk level front facade windows.

3.

Siding and foundation:

a.

Single family: All exterior facades shall be brick, horizontal wood clapboard siding, or horizontal hardiplank (cementitious siding).

i.

Single-family: Foundations are required and shall be finished with brick, smooth stucco, or smooth finish concrete at least two feet above grade.

b.

Townhouse structures: Shall be defined as a row of two or more attached multi- family dwelling units with no unit located above or below another residential unit whereas:

i.

All exterior facades adjacent to a public street shall be brick, stone, cast stone, three-part hard coat stucco, horizontal wood clapboard siding or hardiplank (cementitious siding).

ii.

All exterior facades not adjacent to a public street shall be brick, stone, cast stone, three-part hard coat stucco, split-faced concrete, split-faced brick, horizontal wood clapboard siding, or horizontal hardiplank (cementitious siding). Exposed concrete masonry units are not permitted.

c.

All other multifamily and non-residential structures:

i.

All exterior facades adjacent to and/or visible from a public street shall be predominately at least 30 percent brick. Stone, cast stone or three-part hard coat stucco may comprise the remaining 15 percent of each building facade.

ii.

All exterior facades not adjacent to and/or visible from a public street shall be brick, stone, cast stone, three-part hard coat stucco, architecturally treated concrete masonry units, split-faced concrete, split-faced brick, horizontal wood clapboard siding, or horizontal hardiplank (cementitious siding).

4.

Landscape screening and buffers.

a.

Building mechanical and accessory features not located on rooftops shall provide landscaping to screen such features. Shrubbery shall consist of a continuous hedge of evergreen shrubbery and shall be a minimum height of three feet at the time of planting and reach a minimum height of six feet at maturity.

b.

Buildings on lots which abut districts zoned R-1 through R-5 and PD-H and property used for residential purposes shall have buffers for screening, aesthetic purposes, and noise reduction along the property line. Buffers can consist of:

i.

Vegetation (trees or shrubbery) of a continuous hedge of evergreen shrubbery and shall be a minimum height of three feet at the time of planting and reach a minimum height of six feet at maturity.

ii.

Fencing that blocks the view of the commercial activity, with masonry, metal, etc. Screening walls must be closed and be constructed of high quality materials including one or a combination of the following: decorative blocks; brick; stone; cast-stone; stucco over standard concrete masonry blocks; glass block; or other material approved by the director of the office of zoning and development.

5.

Roofing: Shingled slanted roof lines are prohibited on non-residential structures. Metal roofs are permitted. Exposed gutters are prohibited for use with flat roofs. All flat roofs shall have a parapet and cornice and shall be continuous on all building elevations.

(Ord. No. 2022-21(22-O-1019), § 1(Exh. A), 7-14-22)

Sec. 16-43.007. - Relationship of building to street.

1.

Drive-through uses.

a.

Drive-through uses, including service windows, drive-through structures, and associated queuing, are prohibited when located within 100 feet of Campbellton Road, measured in a straight line from the closest edge of the Campbellton Road public right-of-way to the closest property line of the establishment using the drive-through.

b.

Except for fuel dispensing services at gasoline service stations and outdoor dining, all commercial sales and service shall be conducted within completely enclosed buildings and there shall be no unenclosed displays of merchandise. Outdoor sales or displays are permissible only by special use permit.

2.

Buildings with residential uses at the sidewalk level, shall meet the following regulations:

a.

All primary pedestrian entrances not adjacent to a public sidewalk shall be linked to the public sidewalk with a pedestrian walkway a minimum of five feet wide.

b.

Such buildings shall have windows at sidewalk-level or on each street frontage which are substantially similar in size to the sidewalk level front facade windows.

3.

Siding and foundation:

a.

Single family: All exterior facades shall be brick, horizontal wood clapboard siding, or horizontal hardiplank (cementitious siding).

i.

Single-family: Foundations are required and shall be finished with brick, smooth stucco, or smooth finish concrete at least two feet above grade.

b.

Townhouse structures: Shall be defined as a row of two or more attached multi- family dwelling units with no unit located above or below another residential unit whereas:

i.

All exterior facades adjacent to a public street shall be brick, stone, cast stone, three-part hard coat stucco, horizontal wood clapboard siding or hardiplank (cementitious siding).

ii.

All exterior facades not adjacent to a public street shall be brick, stone, cast stone, three-part hard coat stucco, split-faced concrete, split-faced brick, horizontal wood clapboard siding, or horizontal hardiplank (cementitious siding). Exposed concrete masonry units are not permitted.

c.

All other multi-family and non-residential structures:

i.

All exterior facades adjacent to and/or visible from a public street shall be predominately at least 30 percent brick. Stone, cast stone or three-part hard coat stucco may comprise the remaining 15 percent of each building facade.

ii.

All exterior facades not adjacent to and/or visible from a public street shall be brick, stone, cast stone, three-part hard coat stucco, architecturally treated concrete masonry units, split-faced concrete, split-faced brick, horizontal wood clapboard siding, or horizontal hardiplank (cementitious siding).

4.

Landscape screening and buffers.

a.

Building mechanical and accessory features not located on rooftops shall provide landscaping to screen such features. Shrubbery shall consist of a continuous hedge of evergreen shrubbery and shall be a minimum height of three feet at the time of planting and reach a minimum height of six feet at maturity. If plant material dies, it shall be replaced within 30 days.

b.

Buildings on lots which abut districts zoned R-1 through R-5 and PD-H and property used for residential purposes shall have buffers for screening, aesthetic purposes, and noise reduction along the property line. Buffers can consist of:

i.

Vegetation (trees or shrubbery) of a continuous hedge of evergreen shrubbery and shall be a minimum height of three feet at the time of planting and reach a minimum height of six feet at maturity.

ii.

Fencing that blocks the view of the commercial activity, with masonry, metal, etc. Screening walls must be closed and be constructed of high-quality materials including one or a combination of following: decorative blocks; brick; stone; cast-stone; stucco over standard concrete masonry blocks; glass block; or other material approved by the director of the office of zoning and development.

5.

Roofing: Shingled slanted roof lines are prohibited on non-residential structures. Metal roofs are permitted. Exposed gutters are prohibited for use with flat roofs. All flat roofs shall have a parapet and cornice and shall be continuous on all building elevations.

(Ord. No. 2022-21(22-O-1019), § 1(Exh. A), 7-14-22)

Sec. 16-43.008. - [Relationship of building to street.]

All regulations of chapter 18T shall apply in addition to the following:

1.

All exterior facades adjacent to and/or visible from a public street shall be predominately at least 51 percent face brick (thin brick prohibited) per vertical wall plane. Natural stone, split-faced concrete masonry units or integrally colored split-faced concrete masonry units, cast stone trim or three-part stucco (true stucco) may comprise the remaining 49 percent of each building façade. All exterior facades not adjacent to and/or visible from a public street shall include the above list with the addition of synthetic stone, synthetic stucco, metal panels, and synthetic cast stone trim.

2.

Landscaping. Building mechanical and accessory features not located on rooftops shall provide landscaping to screen such features. Shrubbery shall consist of a continuous hedge of evergreen shrubbery and shall be a minimum height of three feet at the time of planting and reach a minimum height of six feet at maturity.

3.

Parking lot landscaping.

a.

Applicability. Parking lot landscaping is required on all on-site surface parking lots created after the effective date of this chapter. Multiple platted lots contained on a single site plan and any separate parking areas connected with drive aisles are considered a single parking area.

b.

Perimeter screening. All surface parking areas as well as drive aisles and other related vehicular use areas must be screened from view from the adjacent street using one of the options below. A required landscape strip must be located at the outer perimeter of the parking area and must be provided along the entire parking area, excluding breaks for pedestrians, bicycles, and driveways.

For screening options that include shrubs, those must be 30 inches tall at the time of planting and 70 percent of them must be evergreen.

i.

Landscape strip with shrubs. A minimum ten-foot-wide landscape strip planted with shrubs. Shrubs must be provided to fully screen paved areas and parking lots from the right-of-way within three years of planting.

ii.

Landscape strip with screening wall. A 2.5-foot-high screening wall located within a minimum four-foot planting strip. Screening walls must be closed and be constructed of high-quality materials including one or a combination of the following: decorative blocks; brick; stone; cast-stone; stucco over standard concrete masonry blocks; glass block; or other material approved by the director of the office of zoning and development.

iii.

Landscape strip with berm. An earth berm a minimum of 2.5 feet higher than the finished elevation of the parking area, planted with five shrubs for every 35 linear feet of street frontage, excluding driveway openings. The berm must contain a rounded crown suitable for planting, and a stabilized side slope of no greater than 3:1.

iv.

Landscape strip with grade change. A six-foot landscaped strip with a minimum three-foot grade drop from the street to the parking area, planted with five shrubs for every 35 linear feet of street frontage, excluding driveway openings.

c.

Interior islands.

i.

A landscaped interior island must be provided every eight parking spaces. Interior islands must be distributed evenly throughout the parking area. Interior islands may be consolidated, or intervals may be expanded in order to preserve existing trees.

ii.

An interior island abutting a single row of parking spaces must be a minimum of nine feet in width and 200 square feet in area. Each island must include one shade tree.

iii.

An interior island abutting a double row of parking spaces must be a minimum of nine feet in width and 400 square feet in area. Each island must include two shade trees.

d.

Median islands.

i.

A landscaped median island must be provided between every six single parking rows. Intervals may be expanded to preserve existing trees on the lot.

ii.

A landscaped median island must be at least six feet wide.

iii.

At least three shrubs must be planted in the median island for every 80 feet in length.

e.

Island plantings.

i.

All required shade trees species must be approved by the arborist division.

ii.

All required shade trees must have a minimum caliper of three inches and be at least ten feet tall at time of planting.

iii.

Islands must be installed below the level of the parking lot surface and designed to allow for runoff capture.

(Ord. No. 2022-21(22-O-1019), § 1(Exh. A), 7-14-22)

Sec. 16-43.009. - Relationship of building to street.

1.

Drive-through uses.

a.

Drive-through uses, including service windows, drive-through structures, and associated queuing, are prohibited when located within 100 feet of Campbellton Road, measured in a straight line from the closest edge of the Campbellton Road public right-of-way to the closest property line of the establishment using the drive-through.

b.

Except for fuel dispensing services at gasoline service stations and outdoor dining, all commercial sales and service shall be conducted within completely enclosed buildings and there shall be no unenclosed displays of merchandise. Outdoor sales or displays are permissible only by special use permit.

2.

Buildings with residential uses at the sidewalk level, shall meet the following regulations:

a.

All primary pedestrian entrances not adjacent to a public sidewalk shall be linked to the public sidewalk with a pedestrian walkway a minimum of five feet wide.

b.

Such buildings shall have windows at sidewalk-level or on each street frontage which are substantially similar in size to the sidewalk level front facade windows.

3.

Siding and foundation:

a.

Single family: All exterior facades shall be brick, horizontal wood clapboard siding, or horizontal hardiplank (cementitious siding).

i.

Single-family: Foundations are required and shall be finished with brick, smooth stucco, or smooth finish concrete at least two feet above grade.

b.

Townhouse structures: Shall be defined as a row of two or more attached multi-family dwelling units with no unit located above or below another residential unit whereas:

i.

All exterior facades adjacent to a public street shall be brick, stone, cast stone, three-part hard coat stucco, horizontal wood clapboard siding or hardiplank (cementitious siding).

ii.

All exterior facades not adjacent to a public street shall be brick, stone, cast stone, three-part hard coat stucco, split-faced concrete, split-faced brick, horizontal wood clapboard siding, or horizontal hardiplank (cementitious siding). Exposed concrete masonry units are not permitted.

c.

All other multi-family and non-residential structures:

i.

All exterior facades adjacent to and/or visible from a public street shall be predominately at least 51 percent brick. Stone, cast stone or three-part hard coat stucco may comprise the remaining 49 percent of each building facade.

ii.

All exterior facades not adjacent to and/or visible from a public street shall be brick, stone, cast stone, three-part hard coat stucco, architecturally treated concrete masonry units, split-faced concrete, split-faced brick, horizontal wood clapboard siding, or horizontal hardiplank (cementitious siding).

d.

Landscape screening. Building mechanical and accessory features not located on rooftops shall provide landscaping to screen such features. Shrubbery shall consist of a continuous hedge of evergreen shrubbery and shall be a minimum height of three feet at the time of planting and reach a minimum height of six feet at maturity.

e.

Security materials. Burglar bars, street gates, and steel roll down doors or shutters are prohibited on the exterior of a structure when visible from any public or private street. Interior security burglar bars, steel gates and roll down doors shall allow 80 percent visibility into tenant space and shall be fully retractable during hours of operation. Vacant buildings and tenant spaces not possessing a current valid business license burglar bars, steel gates, and steel roll down doors or shutters not in conformance with this requirement shall be removed within 30 days of the passage of this chapter or the occurrence of vacancy thereafter.

f.

Roofing. Shingled slanted roof lines are prohibited on non-residential structures. Metal roofs are permitted. Exposed gutters are prohibited for use with flat roofs. All flat roofs shall have a parapet and cornice and shall be continuous on all building elevations.

g.

Landscaping. Building mechanical and accessory features not located on rooftops shall provide landscaping to screen such features. Shrubbery shall consist of a continuous hedge of evergreen shrubbery and shall be a minimum height of three feet at the time of planting and reach a minimum height of six feet at maturity.

i.

Parking Lot Landscaping.

h.

Applicability. Parking lot landscaping is required on all on-site surface parking lots created after the effective date of this chapter. Multiple platted lots contained on a single site plan and any separate parking areas connected with drive aisles are considered a single parking area.

i.

Perimeter screening. All surface parking areas as well as drive aisles and other related vehicular use areas must be screened from view from the adjacent street using one of the options below. A required landscape strip must be located at the outer perimeter of the parking area and must be provided along the entire parking area, excluding breaks for pedestrians, bicycles, and driveways.

For screening options that include shrubs, those must be 30 inches tall at the time of planting and 70 percent of them must be evergreen.

i.

Landscape strip with shrubs. A minimum ten-foot-wide landscape strip planted with shrubs. Shrubs must be provided to fully screen paved areas and parking lots from the right-of-way within three years of planting.

ii.

Landscape strip with screening wall. A 2.5-foot-high screening wall located within a minimum four-foot planting strip. Screening walls must be closed and be constructed of high-quality materials including one or a combination of the following: decorative blocks; brick; stone; cast-stone; stucco over standard concrete masonry blocks; glass block; or other material approved by the director of the office of zoning and development.

iii.

Landscape strip with berm. An earth berm a minimum of 2.5 feet higher than the finished elevation of the parking area, planted with five shrubs for every 35 linear feet of street frontage, excluding driveway openings. The berm must contain a rounded crown suitable for planting, and a stabilized side slope of no greater than 3:1.

iv.

Landscape strip with grade change. A six-foot landscaped strip with a minimum three-foot grade drop from the street to the parking area, planted with five shrubs for every 35 linear feet of street frontage, excluding driveway openings.

j.

Interior islands.

i.

A landscaped interior island must be provided every eight parking spaces. Interior islands must be distributed evenly throughout the parking area. Interior islands may be consolidated or intervals may be expanded in order to preserve existing trees.

ii.

An interior island abutting a single row of parking spaces must be a minimum of nine feet in width and 200 square feet in area. Each island must include one shade tree.

iii.

An interior island abutting a double row of parking spaces must be a minimum of nine feet in width and 400 square feet in area. Each island must include two shade trees.

k.

Median islands.

i.

A landscaped median island must be provided between every six single parking rows. Intervals may be expanded to preserve existing trees on the lot.

ii.

A landscaped median island must be at least six feet wide.

iii.

At least three shrubs must be planted in the median island for every 80 feet in length.

l.

Island plantings.

i.

All required shade trees species must be approved by the arborist division.

ii.

All required shade trees must have a minimum caliper of three inches and be at least ten feet tall at time of planting.

iii.

Islands must be installed below the level of the parking lot surface and designed to allow for runoff capture.

4.

Dumpster shall be screened with brick opaque walls and self-closing opaque gates along one side which matches the brick color and shall be surrounded with evergreen shrubs between the building and the street. Gate material shall be wood or metal. Screening shall be 12 inches above the dumpster at a maximum height of seven feet. Dumpsters shall only be in the side or rear of the lot.

5.

Vending machines, paper stands, and other similar devices shall be located interior to all buildings

6.

Lighting. Lights outlining and/or detailing a building and/or windows are prohibited.

7.

Fencing. Where wood fences are constructed along all property lines the finished side shall be toward the public right of way or residentially zoned property, R-1 through R-5, RG-1, MR-1 and PD-H. Wood fencing other than cedar or redwood must be stained or painted. Bright or fluorescent colors are prohibited. Fencing shall have a horizontal top and bottom trim.

(Ord. No. 2022-21(22-O-1019), § 1(Exh. A), 7-14-22; Ord. No. 2024-04(23-O-1489), § 1, 1-31-24)

Sec. 16-43.010. - Relationship of building to street.

Notwithstanding anything to the contrary in City Code section 16-34.001 et seq., the regulations contained within this chapter shall be overlaid upon, and shall be imposed in addition to, these existing zoning regulations. Whenever the following overlay regulations vary from the existing underlying zoning regulations, the regulations of this Chapter 43 shall apply.

1.

Building entrances: The primary pedestrian entrance facing the street and sidewalk shall be articulated and differentiated from other components of the façade with two or more of the following elements:

a.

Recessed entries, not exceeding five feet in depth from the façade;

b.

Entry surrounds; transom windows; awnings or canopies. Metal awnings are prohibited; or

c.

Horizontal change of materials. A horizontal change of materials from one material to another shall include a cast stone cap or masonry sill. The cap sill shall project from the face of the building.

2.

Roofing: Shingled slanted roof lines are prohibited on non-residential structures. Metal roofs are permitted. Exposed gutters are prohibited for use with flat roofs. All flat roofs shall have a parapet and cornice and shall be continuous on all building elevations.

3.

Buildings with residential uses at the sidewalk level, shall meet the following regulations:

a.

All primary pedestrian entrances not adjacent to a public sidewalk shall be linked to the public sidewalk with a pedestrian walkway a minimum of five feet wide.

b.

Such buildings shall have windows at sidewalk-level or on each street frontage which are substantially similar in size to the sidewalk level front facade windows.

c.

A building's street facing facade should have a maximum of two different cladding materials, excluding the fenestration material.

4.

Street-fronting buildings including parking decks shall meet the following sidewalk level requirements:

a.

The length of façade without intervening fenestration or entryway shall not exceed 20 feet.

b.

For buildings with ground floor non-residential uses, fenestration shall be provided for a minimum of 65 percent of the length of the frontage. For buildings with ground floor residential usage, fenestration shall be provided for a minimum of 30 percent of the length of the frontage.

i.

Beginning at a point not more than three feet above the sidewalk, to a height no less than ten feet above the sidewalk; or,

ii.

Beginning at the finished floor elevation to a height no less than ten feet above the finished floor elevation when the finished floor elevation is three or more feet above the sidewalk; or

iii.

Beginning at a point not more than sidewalk level, to a height no less than 10 feet above the finished floor elevation when the finished floor elevation is below the sidewalk.

c.

Fenestration shall not utilize painted glass, reflective glass or other similarly treated or opaque windows. Entrances may be counted towards fenestration requirements.

d.

For parking decks, commercial uses shall occupy a minimum depth of 20 feet of the ground floor street frontage beginning at any building façade along the public sidewalk, except at ingress and egress points.

5.

Minimum building façade height: 24 feet along each façade visible from the public right-of-way.

6.

Vending machines, paper stands, and other similar devices shall be located interior to all buildings.

7.

Fencing. Where wood fences are constructed along all property lines the finished side shall be toward the public right of way or residentially zoned property, R-1 through R-5, RG, MR and PD-H. Wood fencing other than cedar or redwood must be stained or painted. Fencing shall have a horizontal top and bottom trim. Bright or fluorescent colors are prohibited. Chain link fencing shall be black or dark green vinyl coated.

8.

Dumpster shall be screened with brick opaque walls and self-closing opaque gates along one side which matches the brick color and shall be surrounded with evergreen shrubs between the building and the street. Gate material shall be wood or metal. Screening shall be 12 inches above the dumpster at a maximum height of seven feet. Dumpsters shall only be in the side or rear of the lot.

9.

Landscape screening. Building mechanical and accessory features not located on rooftops shall provide landscaping. Shrubbery shall consist of a continuous hedge of evergreen shrubbery and shall be a minimum height of three feet at the time of planting and reach a minimum height of six feet at maturity.

a.

A minimum of 60 percent of landscaped areas shall be in bio-diverse planting of native and adapted plants other than turf grass.

10.

Security materials. Burglar bars, street gates, and steel roll down doors or shutters are prohibited on the exterior of a structure when visible from any public or private street. Interior security burglar bars, steel gates and roll down doors shall allow 80 percent visibility into tenant space and shall be fully retractable during hours of operation. Vacant buildings and tenant spaces not possessing a current valid business licenses burglar bars, steel gates, and steel roll down doors or shutters not in conformance with this requirement shall be removed within 30 days of the passage of this chapter or the occurrence of vacancy thereafter.

11.

Lighting. Lights outlining and/or detailing a building and/or windows are prohibited.

12.

Speakers and amplified music outside an enclosed permanent structure is prohibited.

13.

Siding and foundation:

a.

Single family: All exterior facades shall be brick, horizontal wood clapboard siding, or horizontal hardiplank (cementitious siding).

i.

Single-family: Foundations are required and shall be finished with brick, smooth stucco, or smooth finish concrete at least two feet above grade.

b.

Townhouse structures: Shall be defined as a row of two or more attached multi-family dwelling units with no unit located above or below another residential unit whereas:

i.

All exterior facades adjacent to a public street shall be brick, stone, cast stone, three-part hard coat stucco, horizontal wood clapboard siding or hardiplank (cementitious siding).

ii.

All exterior facades not adjacent to a public street shall be brick, stone, cast stone, three-part hard coat stucco, split-faced concrete, split-faced brick, horizontal wood clapboard siding, or horizontal hardiplank (cementitious siding). Exposed concrete masonry units are not permitted.

c.

All other multi-family and non-residential structures:

i.

All exterior facades adjacent to and/or visible from a public street shall be predominately at least 51 percent brick. Stone, cast stone or three-part hard coat stucco may comprise the remaining 49 percent of each building facade.

ii.

All exterior facades not adjacent to and/or visible from a public street shall be brick, stone, cast stone, three-part hard coat stucco, architecturally treated concrete masonry units, split-faced concrete, split-faced brick, horizontal wood clapboard siding, or horizontal hardiplank (cementitious siding).

d.

Landscaping. Building mechanical and accessory features not located on rooftops shall provide landscaping to screen such features. Shrubbery shall consist of a continuous hedge of evergreen shrubbery and shall be a minimum height of three feet at the time of planting and reach a minimum height of six feet at maturity.

5.

Parking lot landscaping.

a.

Applicability. Parking lot landscaping is required on all on-site surface parking lots created after the effective date of this chapter. Multiple platted lots contained on a single site plan and any separate parking areas connected with drive aisles are considered a single parking area.

b.

Perimeter screening. All surface parking areas as well as drive aisles and other related vehicular use areas must be screened from view from the adjacent street using one of the options below. A required landscape strip must be located at the outer perimeter of the parking area and must be provided along the entire parking area, excluding breaks for pedestrians, bicycles, and driveways.

For screening options that include shrubs, those must be 30 inches tall at the time of planting and 70 percent of them must be evergreen.

i.

Landscape strip with shrubs. A minimum ten-foot-wide landscape strip planted with shrubs. Shrubs must be provided to fully screen paved areas and parking lots from the right-of-way within three years of planting.

ii.

Landscape strip with screening wall. A 2.5-foot-high screening wall located within a minimum four-foot planting strip. Screening walls must be closed and be constructed of high-quality materials including one or a combination of the following: decorative blocks; brick; stone; cast-stone; stucco over standard concrete masonry blocks; glass block; or other material approved by the director of the office of zoning and development.

iii.

Landscape strip with berm. An earth berm a minimum of 2.5 feet higher than the finished elevation of the parking area, planted with five shrubs for every 35 linear feet of street frontage, excluding driveway openings. The berm must contain a rounded crown suitable for planting, and a stabilized side slope of no greater than 3:1.

4.

Landscape strip with grade change. A six-foot landscaped strip with a minimum three-foot grade drop from the street to the parking area, planted with five shrubs for every 35 linear feet of street frontage, excluding driveway openings.

c.

Interior islands.

i.

A landscaped interior island must be provided every eight parking spaces. Interior islands must be distributed evenly throughout the parking area. Interior islands may be consolidated or intervals may be expanded in order to preserve existing trees.

ii.

An interior island abutting a single row of parking spaces must be a minimum of nine feet in width and 200 square feet in area. Each island must include one shade tree.

iii.

An interior island abutting a double row of parking spaces must be a minimum of nine feet in width and 400 square feet in area. Each island must include two shade trees.

d.

Median islands.

i.

A landscaped median island must be provided between every six single parking rows. Intervals may be expanded to preserve existing trees on the lot.

ii.

A landscaped median island must be at least six feet wide.

iii.

At least three shrubs must be planted in the median island for every 80 feet in length.

e.

Island plantings.

i.

All required shade trees species must be approved by the arborist division.

ii.

All required shade trees must have a minimum caliper of three inches and be at least ten feet tall at time of planting.

iii.

Islands must be installed below the level of the parking lot surface and designed to allow for runoff capture.

(Ord. No. 2022-21(22-O-1019), § 1(Exh. A), 7-14-22)

Sec. 16-43.011. - Relationship of building to street.

1.

Public sidewalks shall be located along all public streets and shall meet the sidewalk requirements for MRC zoning districts provided in section 16-34.012.

2.

Utilities shall be located below ground, provided that such location is not in violation of the policies of utility regulated by the Public Service Commission or otherwise regulated by state law and/or franchise agreement.

3.

Drive-through uses.

a.

Drive-through uses, including service windows, drive-through structures, and associated queuing, are prohibited when located within 100 feet of Campbellton Road, measured in a straight line from the closest edge of the Campbellton Road public right-of-way to the closest property line of the establishment using the drive-through.

b.

Except for fuel dispensing services at gasoline service stations and outdoor dining, all commercial sales and service shall be conducted within completely enclosed buildings and there shall be no unenclosed displays of merchandise. Outdoor sales or displays are permissible only by special use permit.

4.

Buildings with residential uses at the sidewalk level, shall meet the following regulations:

a.

All primary pedestrian entrances not adjacent to a public sidewalk shall be linked to the public sidewalk with a pedestrian walkway a minimum of five feet wide.

b.

Such buildings shall have windows at sidewalk-level or on each street frontage which are substantially similar in size to the sidewalk level front facade windows.

5.

Siding and foundation:

a.

Single family: All exterior facades shall be brick, horizontal wood clapboard siding, or horizontal hardiplank (cementious siding).

i.

Single-family: Foundations are and shall be finished with brick, smooth stucco, or smooth finish concrete at least two feet above grade.

b.

Townhouse structures: shall be defined as a row of two or more attached multi-family dwelling units with no unit located above or below another residential unit whereas:

i.

All exterior facades adjacent to a public street shall be brick, stone, cast stone, three-part hard coat stucco, horizontal wood clapboard siding or hardiplank (cementious siding).

ii.

All exterior facades not adjacent to a public street shall be brick, stone, cast stone, three-part hard coat stucco, split-faced concrete, split-faced brick, horizontal wood clapboard siding, or horizontal hardiplank (cementious siding). Exposed concrete masonry units are not permitted.

c.

All other multi-family and non-residential structures:

i.

All exterior facades adjacent to and/or visible from a public street shall be predominately at least 51 percent brick. Stone, cast stone or three-part hard coat stucco may comprise the remaining 49 percent of each building facade.

ii.

All exterior facades not adjacent to and/or visible from a public street shall be brick, stone, cast stone, three-part hard coat stucco, architecturally treated concrete masonry units, split-faced concrete, split-faced brick, horizontal wood clapboard siding, or horizontal hardiplank (cementious siding).

6.

Landscape screening and buffers.

a.

Building mechanical and accessory features not located on rooftops shall provide landscaping. Shrubbery shall consist of a continuous hedge of evergreen shrubbery and shall be a minimum height of three feet at the time of planting and reach a minimum height of six feet at maturity. If plant material dies, it shall be replaced within 30 days.

b.

Buildings with property lines abutting residential areas shall have buffers for screening, aesthetic purposes, and noise reduction along the property line. Buffers can consist of:

i.

Vegetation (trees or shrubbery) of a continuous hedge of evergreen shrubbery and shall be a minimum height of three feet at the time of planting and reach a minimum height of six feet at maturity.

ii.

Fencing that blocks the view of the commercial activity, masonry, metal, etc. Screening walls must be closed and be constructed of high quality materials including one or a combination of the following: decorative blocks; brick; stone; cast-stone; stucco over standard concrete masonry blocks; glass block; or other material approved by the director of the office of zoning and development.

7.

Roofing: Shingled slanted roof lines are prohibited. Metal roofs are permitted. Exposed gutters are prohibited for use with flat roofs. All flat roofs shall have a parapet and cornice and shall be continuous on all building elevations.

8.

Parking lot landscaping.

a.

Applicability. Parking lot landscaping is required on all on-site surface parking lots created after the effective date of this chapter. Multiple platted lots contained on a single site plan and any separate parking areas connected with drive aisles are considered a single parking area.

b.

Perimeter screening. All surface parking areas as well as drive aisles and other related vehicular use areas must be screened from view from the adjacent street using one of the options below. A required landscape strip must be located at the outer perimeter of the parking area and must be provided along the entire parking area, excluding breaks for pedestrians, bicycles, and driveways.

For screening options that include shrubs, those must be 30 inches tall at the time of planting and 70 percent of them must be evergreen.

i.

Landscape strip with shrubs. A minimum ten-foot-wide landscape strip planted with shrubs. Shrubs must be provided to fully screen paved areas and parking lots from the right-of-way within three years of planting.

ii.

Landscape strip with screening wall. A 2.5-foot-high screening wall located within a minimum four-foot planting strip. Screening walls must be closed and be constructed of high-quality materials including one or a combination of the following: decorative blocks; brick; stone; cast-stone; stucco over standard concrete masonry blocks; glass block; or other material approved by the director of the office of zoning and development.

iii.

Landscape strip with berm. An earth berm a minimum of 2.5 feet higher than the finished elevation of the parking area, planted with five shrubs for every 35 linear feet of street frontage, excluding driveway openings. The berm must contain a rounded crown suitable for planting, and a stabilized side slope of no greater than 3:1.

iv.

Landscape strip with grade change. A six-foot landscaped strip with a minimum three-foot grade drop from the street to the parking area, planted with five shrubs for every 35 linear feet of street frontage, excluding driveway openings.

c.

Interior islands

i.

A landscaped interior island must be provided for every eight parking spaces. Interior islands must be distributed evenly throughout the parking area. Interior islands may be consolidated, or intervals may be expanded in order to preserve existing trees.

ii.

An interior island abutting a single row of parking spaces must be a minimum of nine feet in width and 200 square feet in area. Each island must include one shade tree.

ii.

An interior island abutting a double row of parking spaces must be a minimum of nine feet in width and 400 square feet in area. Each island must include two shade trees.

d.

Median islands

i.

A landscaped median island must be provided between every six single parking rows. Intervals may be expanded to preserve existing trees on the lot.

ii.

A landscaped median island must be at least six feet wide.

ii.

At least three shrubs must be planted on the median island for every 80 feet in length.

e.

Island plantings

i.

All required shade trees species must be approved by the arborist division.

ii.

All required shade trees must have a minimum caliper of three inches and be at least ten feet tall at time of planting.

iii.

Islands must be installed below the level of the parking lot surface and designed to allow for runoff capture.

(Ord. No. 2024-48(24-O-1480), § 1, 12-11-24)

Sec. 16-43.012. - [Relationship of building to street.]

1.

Public sidewalks shall be located along all public streets and shall meet the sidewalk requirements for MRC zoning districts provided in section 16-34.012.

2.

Utilities shall be located below ground, provided that such location is not in violation of the policies of utility regulated by the public service commission or otherwise regulated by state law and/or franchise agreement.

3.

Drive-through uses.

a.

Drive-through uses, including service windows, drive-through structures, and associated queuing, are prohibited when located within 100 feet of Campbellton Road, measured in a straight line from the closest edge of the Campbellton Road public right-of-way to the closest property line of the establishment using the drive-through.

b.

Except for fuel dispensing services at gasoline service stations and outdoor dining, all commercial sales and service shall be conducted within completely enclosed buildings and there shall be no unenclosed displays of merchandise. Outdoor sales or displays are permissible only by special use permit.

4.

Buildings with residential uses at the sidewalk level, shall meet the following regulations:

a.

All primary pedestrian entrances not adjacent to a public sidewalk shall be linked to the public sidewalk with a pedestrian walkway a minimum of five feet wide.

b.

Such buildings shall have windows at sidewalk-level or on each street frontage which are substantially similar in size to the sidewalk level front facade windows.

5.

Siding and foundation:

a.

Single family: All exterior facades shall be brick, horizontal wood clapboard siding, or horizontal hardiplank (cementious siding).

i.

Single-family: Foundations are and shall be finished with brick, smooth stucco, or smooth finish concrete at least two feet above grade.

b.

Townhouse structures: shall be defined as a row of two or more attached multi-family dwelling units with no unit located above or below another residential unit whereas:

i.

All exterior facades adjacent to a public street shall be brick, stone, cast stone, three-part hard coat stucco, horizontal wood clapboard siding or hardiplank (cementious siding).

ii.

All exterior facades not adjacent to a public street shall be brick, stone, cast stone, three-part hard coat stucco, split-faced concrete, split-faced brick, horizontal wood clapboard siding, or horizontal hardiplank (cementious siding). Exposed concrete masonry units are not permitted.

6.

All other multi-family and non-residential structures:

a.

All exterior facades adjacent to and/or visible from a public street shall be predominately at least 51 percent brick. Stone, cast stone or three-part hard coat stucco may comprise the remaining 49 percent of each building facade.

b.

All exterior facades not adjacent to and/or visible from a public street shall be brick, stone, cast stone, three-part hard coat stucco, architecturally treated concrete masonry units, split-faced concrete, split-faced brick, horizontal wood clapboard siding, or horizontal hardiplank (cementious siding).

7.

Landscape screening and buffers.

a.

Building mechanical and accessory features not located on rooftops shall provide landscaping. Shrubbery shall consist of a continuous hedge of evergreen shrubbery and shall be a minimum height of three feet at the time of planting and reach a minimum height of six feet at maturity. If plant material dies, it shall be replaced within 30 days.

b.

Buildings with property lines abutting residential areas shall have buffers for screening, aesthetic purposes, and noise reduction along the property line. Buffers can consist of:

i.

Vegetation (trees or shrubbery) of a continuous hedge of evergreen shrubbery and shall be a minimum height of three feet at the time of planting and reach a minimum height of six feet at maturity.

ii.

Fencing that blocks the view of the commercial activity, masonry, metal, etc. Screening walls must be closed and be constructed of high-quality materials including one or a combination of the following: decorative blocks; brick; stone; cast-stone; stucco over standard concrete masonry blocks; glass block; or other material approved by the Director of the Office of Zoning and Development.

8.

Roofing: Shingled slanted roof lines are prohibited. Metal roofs are permitted. Exposed gutters are prohibited for use with flat roofs. All flat roofs shall have a parapet and cornice and shall be continuous on all building elevations.

9.

Parking lot landscaping.

a.

Applicability. Parking lot landscaping is required on all on-site surface parking lots created after the effective date of this chapter. Multiple platted lots contained on a single site plan and any separate parking areas connected with drive aisles are considered a single parking area.

b.

Perimeter screening. All surface parking areas as well as drive aisles and other related vehicular use areas must be screened from view from the adjacent street using one of the options below. A required landscape strip must be located at the outer perimeter of the parking area and must be provided along the entire parking area, excluding breaks for pedestrians, bicycles, and driveways.

For screening options that include shrubs, those must be 30 inches tall at the time of planting and 70 percent of them must be evergreen.

i.

Landscape strip with shrubs. A minimum ten-foot-wide landscape strip planted with shrubs. Shrubs must be provided to fully screen paved areas and parking lots from the right-of-way within three years of planting.

ii.

Landscape strip with screening wall. A 2.5-foot-high screening wall located within a minimum four-foot planting strip. Screening walls must be closed and be constructed of high-quality materials including one or a combination of the following: decorative blocks; brick; stone; cast-stone; stucco over standard concrete masonry blocks; glass block; or other material approved by the director of the office of zoning and development.

iii.

Landscape strip with berm. An earth berm a minimum of 2.5 feet higher than the finished elevation of the parking area, planted with five shrubs for every 35 linear feet of street frontage, excluding driveway openings. The berm must contain a rounded crown suitable for planting, and a stabilized side slope of no greater than 3:1.

iv.

Landscape strip with grade change. A six-foot landscaped strip with a minimum three-foot grade drop from the street to the parking area, planted with five shrubs for every 35 linear feet of street frontage, excluding driveway openings.

c.

Interior islands.

i.

A landscaped interior island must be provided for every eight parking spaces. Interior islands must be distributed evenly throughout the parking area. Interior islands may be consolidated, or intervals may be expanded in order to preserve existing trees.

ii.

An interior island abutting a single row of parking spaces must be a minimum of nine feet in width and 200 square feet in area. Each island must include one shade tree.

iii.

An interior island abutting a double row of parking spaces must be a minimum of nine feet in width and 400 square feet in area. Each island must include two shade trees.

d.

Median islands.

i.

A landscaped median island must be provided between every six single parking rows. Intervals may be expanded to preserve existing trees on the lot.

ii.

A landscaped median island must be at least six feet wide.

iii.

At least three shrubs must be planted on the median island for every 80 feet in length.

e.

Island plantings.

i.

All required shade trees species must be approved by the arborist division.

ii.

All required shade trees must have a minimum caliper of three inches and be at least ten feet tall at time of planting.

iii.

Islands must be installed below the level of the parking lot surface and designed to allow for runoff capture.

(Ord. No. 2024-48(24-O-1480), § 1, 12-11-24)