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Cartersville City Zoning Code

ARTICLE XIII

MAIN STREET OVERLAY DISTRICT REGULATIONS

Sec. 13.1.- Declaration of purpose, scope and intent.

The Cartersville City Council finds that as a matter of public policy that the aesthetic, economic and functional qualities of the City of Cartersville are worthy of enhancement, preservation, and protection and are essential to the promotion of the health, prosperity, safety, and general welfare of the existing and future residents of the City of Cartersville. Included within the scope are the site, buildings and other structures, parking, landscape and screening, signs, utilities and lighting. The following standards shall control building materials, site lighting, parking, landscaping and commercial signs in conjunction with other ordinances of the City of Cartersville. These standards shall apply to all construction within the main street overlay district in the City of Cartersville and only to prop-erty within the city limits of the City of Cartersville. The purpose and intent of the Main Street overlay architectural design standards shall be:

A.

To foster civic pride; to raise the level of community understanding and expectation for quality in the built environment; and, to promote attention to accepted design principals in areas of new development and redevelopment;

B.

To implement the comprehensive plan;

C.

To guide certain aspects of development such as the appearance of buildings and open spaces as they contribute to the attractiveness, function, economy and character of an area;

D.

To protect and enhance the visual qualities and character of an area;

E.

To provide guidance to design professionals, property and business owners undertaking construction in the district;

F.

To prevent functional and visual disunity in an area;

G.

To protect property against blight and depreciation;

H.

To encourage the most appropriate development of land; and

I.

To provide an attractive gateway to the community.

Sec. 13.2. - Definitions.

Words not defined herein shall be construed to have the meaning given in Article II of the zoning ordinance of the City of Cartersville, or, by Webster's Ninth New Collegiate Dictionary. The words "shall" and "must" are mandatory, and the words "may" and "should" are permissive. As used in this article, the following terms shall be defined as follows:

Appearance. The outward aspect that is visible to the public.

Appropriate. Fitting to the context of a site, neighborhood or community.

Appurtenances. The visible, functional, or ornamental objects accessory to and part of buildings.

Architectural concept. The basic aesthetic idea of a structure, or group of structures, including the site, signs, building and landscape development that produces the architectural character.

Architectural feature. A significant element of a structure or site.

Attractive. Having qualities that give satisfaction to numerous, but not necessarily all, observers.

Building. A building is a structure created to shelter any form of human activity, including, but not limited to, a house, store, barn, church, and hotel.

Building massing. The visual and physical mass of a building.

Directory signs. A freestanding sign containing a directory for multiple commercial businesses.

External design feature. The general arrangement of any portion of structures or landscaping, including the type, and texture of the materials, the type of roof, windows, doors, lights, signs and fixtures of portions which are open to the public view.

Exterior architectural features. The architectural style, general design and general arrangement of the exterior of a structure and site, including, but not limited to, the kind or texture of the building material and the type and style of all windows, doors, signs, facade, landscaping and other architectural fixtures, features, details, or elements relative thereto.

Harmony. A quality that represent an attractive arrangement of parts, as in an arrangement of various architectural elements.

Landscape. Plant materials, topography and other physical elements combined in relation to one another and to structures including pavement.

Logic of design. Widely accepted principals and criteria in the solution of design problems.

Main Street overlay district. The boundaries of this overlay district include the areas outlined in Exhibit "A" in Article XXV.

Material change in appearance. A change in a structure or a parking lot within said districts that exceed ordinary maintenance or repair or requires either a sign permit, building permit or land disturbance permit such as, but not limited to: the erection, alteration, restoration, addition, or removal of any structure, sign or parking lot.

Monument sign. A freestanding sign supported by an internal structure framework or integrated into landscaping or other solid structural features other than support poles.

Ordinary maintenance or repair. Exempt from inclusion in "material change in appearance" defined above. Ordinary maintenance or repair of any exterior of any structure, parking lot or sign in or on an overlay district property to correct deterioration, decay, damage, or to sustain the existing form, and that does not involve a material change in outer design, material or appearance thereof. Painting, reroofing, resurfacing, replacement or a broken sign face and other similar types of ordinary maintenance shall be deemed ordinary maintenance and repair.

Overlay district. A geographically definable area, possessing a significant concentration or linkage of sites, buildings, structures, object of landscapes, including the adjacent area necessary for the property treatment thereof, united by plan and/or physical development. An overlay district shall further mean an area designated as such by the mayor and city council of the City of Cartersville.

Proportion. Balanced relationship of parts of a building, signs and other structures, and landscape to each other and to the whole.

Scale. Proportional relationships of the size of parts to one another and to humans.

Street hardware. Objects other than buildings that are part of the streetscape. Examples are: street light fixtures, utility poles, traffic lights and their fixtures, benches, litter containers, planting containers, fire hydrants, etc.

Underlying zoning. The zoning category established with respect to a parcel of property by the mayor and city council of the City of Cartersville.

Where any existing zoning within the overlay district allows for mining use or any other specific use, such allowed use shall continue until such time as the owner of the real property applies to change the zoning and then the only portion of the real property that will change its existing zoning use will be the specific portion of any real property that is included within any approved application.

Sec. 13.3. - Maintenance of properties—Building code and zoning provisions.

A.

Ordinary maintenance or repair. Ordinary maintenance or repair of any exterior feature visible from a public street in or on any overlay district property to correct deterioration, decay or damage, or to sustain the existing form, and that does not involve a material change in design, material or outer appearance thereof, does not require a building, sign, or land disturbance permit.

B.

Affirmation of existing building codes and zoning. Nothing in this article shall be construed to exempt property and business owners from complying with other existing city regulations whenever this article does not apply. This article is an amendment to the zoning ordinance, the underlying zoning classification of property and all other provisions of the zoning ordinance shall remain in effect unless provisions in the overlay district conflict with the other provisions of the zoning ordinance, in which case, the stricter provisions of the overlay district shall apply.

Sec. 13.4. - Scope.

These Main Street overlay architectural design standards shall control (1) architectural design including building scale, massing, type, siting and building materials; (2) site lighting; (3) landscaping, (4) utility design and placement; and (5) commercial signs in conjunction with other ordinances of the City of Cartersville. Where any part of this article conflicts with other city ordinances, the more restrictive standard shall apply. All new construction and/or site construction or any alteration of currently existing buildings or developed sites having an estimated construction, installation and/or fabrication costs (as referenced in building and land disturbance permit applications) equal to or exceeding sixty (60) percent of said existing site development or building valuation shall conform to the standards set forth in this article. Every application for a building permit for construction of a new building, modification or addition to an existing building within the district, shall be submitted together with plans, elevations and specifications. Alterations and repairs not affecting the exterior appearance of existing buildings are specifically exempted from the provision of this article. However, all fire safety and Standard Building Code of Southern Building Code Congress International (SBCCI) as amended, and other relevant interior codes and standards shall continue in full force and effect.

Sec. 13.5. - Design standards.

In addition to development standards required elsewhere by the City of Cartersville zoning ordinance and other ordinances, the following standards shall apply to all development and redevelopment within the Main Street overlay district.

A.

Gable, hip, mansard, or pyramid roofs, when visible from adjoining streets (public or private) or any other adjoining property within the overlay district, shall have a minimum roof pitch of 6:12.

B.

Gable, hip, mansard, or pyramid roofs, when visible from adjoining streets (public or private) or any other adjoining property within the overlay district, shall have a minimum overhanging eave on all sides that will extend a minimum of one (1) foot beyond the exterior building wall of the building.

C.

Flat roofs shall not be allowed on buildings having exterior walls of twenty-five (25) feet or less in height. For purposes of this paragraph, parapet walls may be included in determining height of an exterior building wall. Shed roofs are prohibited as a primary roof design.

D.

Permitted exterior building materials shall be brick, stucco, stone, wood, glass, vinyl, concrete fiberboard, architectural metal, or architectural block. Vinyl is only allowed as accents on nonresidential structures.

E.

Exposed standard concrete block is not allowed, even if it is painted.

F.

Where more than one (1) adjoining property is developed as part of an overall planned development, side and rear setbacks may be modified or waived to encourage creativity and efficiency in site design, in the discretion of and with approval of the zoning administrator.

G.

In order to foster greater harmony and more appropriate community image, individual site developers are encouraged to coordinate site design elements such as pedestrian interconnections, shared driveways and signage, with adjacent site developers. Shared parking is encouraged to reduce impervious surface areas.

H.

Placement of air-conditioning units and satellite dishes shall be accomplished without detracting from the architectural integrity of the building or site. Generally, such equipment must be installed to the rear of the building or on the side, provided the equipment is screened from view from the public right-of-way and adjoining properties. Accessory structures located on the roof shall be located to the rear, and shall be screened by a parapet or other architectural features.

I.

Color: Primary or fluorescent colors shall not be employed except as accent colors.

J.

Utilities: All utility lines within this overlay district are required to be placed underground, including city-owned utilities.

Sec. 13.6. - Additional design regulations.

A.

The primary building entrance with public or private street frontage shall face and/or be visible from the public or private street and sidewalk when located adjacent to such street. The primary building entrance may face and/or be visible from Main Street if the site is located adjacent to, but not on, this arterial corridor.

B.

Building massing. Street fronting building facades greater than one hundred fifty (150) feet in length shall be modulated with breaks in wall surfaces and materials at intervals not to exceed one hundred fifty (150) feet, measured parallel to the street. For buildings that are three (3) stories or less in height, each floor shall be delineated through windows, belt courses, cornices lines, or similar architectural detailing.

C.

Location of vehicle facilities and services. Drive-through service windows, drive-in facilities and associated vehicular services such as air pumps and car washes, (excluding gasoline fuel dispenser structures) shall not be located between the principal structure and Main Street without an intervening building. Such shall be located to the side or rear of the principal structure.

D.

Parking and driveways. Unless topography, public utilities, or storm drainage make it prohibitive, surface parking and related parking facilities between the principal structure and Main Street right-of-way shall be limited to two (2) rows of parking in front of the principal structure. All other surface parking shall be located to the side or rear of the principal structure, except as stated hereinabove.

Sec. 13.7. - Screening and fencing.

Shall be required as follows:

A.

Refuse areas (dumpster) shall be placed in the least visible location from public streets, and shall be enclosed on three (3) sides with brick or stone opaque walls, with the fourth side being an opaque closing gate. Height of an opaque wall shall be at least twelve (12) inches higher than the receptacle.

B.

Chain link fences are not allowed in the front yards. Where allowed, all chain link fences shall be vinyl coated, hunter green, brown or black.

C.

Opaque fences are prohibited adjacent to a public street.

D.

All loading areas shall be screened from view of any public street by either a minimum six-foot high opaque fence matching the material of the building, or a fifteen-foot wide landscape strip planted with a continuous hedge of evergreen shrubs. Shrubs shall be moderately growing, be a minimum height of three and one-half (3½) feet to four (4) feet at time of planting, and reach a height of six (6) feet within two (2) years of planting.

E.

All detention ponds shall have a minimum ten-foot wide landscape strip with plantings based on a plan submitted to and approved by the zoning administrator.

Sec. 13.8. - Landscaping.

Landscape standards must be in accordance with City of Cartersville Code, Chapter 17, Article IV, Minimum Landscape Requirements, with the following modifications:

A.

Impervious surface areas shall not be allowed to cover more than seventy (70) percent of the lot. The area to be landscaped shall be devoted to vegetative landscaping which includes, but is not limited to, grass, shrubs, vines, and trees.

B.

All trees required to be planted by this section shall be increased to: (a) Shade trees shall be a minimum of two and one-half (2½) inch caliper; (b) Flowering trees shall be at least eight (8) feet minimum height.

C.

Building perimeter landscaping. This subsection is modified to require a minimum of eight (8) feet landscape area or sidewalk around the perimeter of each building, instead of the five (5) feet stated therein.

D.

Border landscaping. This subsection is modified to require at least one (1) tree planted per fifty (50) feet along any border areas, instead of each seventy-five (75) feet as stated therein.

Sec. 13.9. - Lighting.

Proposed developments shall submit for approval a lighting plan that meets the following specifications prior to the issuance of a land disturbance or building permit.

A.

The maximum to minimum foot-candle level shall not exceed a twelve to one (12:1) ratio.

B.

Light fixture poles cannot exceed forty (40) feet in height.

C.

All site lighting shall be directed onto the site and strive for "dark sky" objectives.

D.

All building entrances, walks and vehicular access shall be lit.

Sec. 13.10. - Reserved.

Editor's note— Section 13.10, formerly entitled "Commercial signs", was deleted by Ord. No. 01-13, § 14, adopted Jan. 3, 2013.

Sec. 13.11. - Uses not allowed in the Main Street Overlay District.

Notwithstanding the uses allowed by the underlying zoning classifications of the properties within this overlay district, the following uses shall not be allowed therein:

A.

Accessory apartments.

B.

Adolescent treatment facilities.

C.

Adult entertainment establishments.

D.

Adult video shops.

E.

Amateur radio transmission.

F.

Amusement, outdoor.

G.

Automotive garages, unless in conjunction with new automotive and truck sales or rental.

H.

Automotive storage yards and wrecker service.

I.

Check cashing services.

J.

Drive-in theaters.

K.

Farm equipment and supplies stores.

L.

Fortunetellers.

M.

Group homes.

N.

Guest house.

O.

Halfway houses.

P.

Homeless shelters.

Q.

Hospices.

R.

Itinerant merchants.

S.

Kennels.

T.

Massage parlors.

U.

Manufactured home sales.

V.

Mini warehouse facilities.

W.

Heavy equipment sales and rental.

X.

Outdoor golf driving ranges.

Y.

Patio houses.

Z.

Pawn shops.

AA.

Quarrying.

BB.

Radio, television broadcast stations.

CC.

Radio, television or other communication towers.

DD.

Recycling centers, collecting.

EE.

Recreational vehicles sales/service/rental/repair facility.

FF.

Repair garages, automotive, unless in conjunction with new automotive and truck sales or rental.

GG.

Repair garages, heavy equipment.

HH.

Repair services, heavy (large appliances and similar).

II.

Salvage lots.

JJ.

Scrap yards.

KK.

Self-service storage facilities.

LL.

Single-family detached dwellings.

MM.

Stadiums.

NN.

Tattoo/body piercing parlors.

OO.

Taxi stands.

PP.

Transmission shops.

QQ.

Truck stops.

RR.

Truck terminals.

SS.

Used automotive, heavy equipment and truck sales or rental unless in conjunction with new automotive and truck sales or rental.

TT.

Used tire sales/repair shops.

UU.

Vehicle body and paint shops, unless in conjunction with new automotive and truck sales or rental.

VV.

Vehicle engine repair and rebuilding shops, unless in conjunction with new automotive and truck sales or rental.

Sec. 13.12. - Severability.

The sections, paragraphs, sentences, clauses, and phrases of this article are severable, and if any phase, and if any phase, clause, sentence, paragraph, or section of this chapter be declared unconstitutional or invalid, it shall not affect, any of the remaining phrases, clauses, sentence, paragraphs, and sections of this article.